CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD MAY 24TH 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 LANE,
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, May 24th, 1897, and following days.
BEFORE the RIGHT HON. GEORGE FAUDEL PHILLIPS, LORD MAYOR of the City of London; the Hon. Sir WILLIAM GRANTHAM , Knt., one of the Justices of Her Majesty's High Court; Sir REGINALD HANSON , Bart., M.P., Sir DAVID EVANS , K.C.M.G., Aldermen of the said City; Sir CHARLES HALL , K.C.M.G., Q.C., M.P., Recorder of the said City; Lieutenant-Colonel HORATIO DAVID DAVIES , M.P., ALFRED JAMES NEWTON , Esq., Sir JOSEPH COCKFIELD DIMSDALE, Knt., JOHN POUND , Esq., WALTER VAUGHAN MORGAN , Esq., WILLIAM PURDIE TRELOAR, Esq., GEORGE WYATT TRUSCOTT , Esq., FREDERICK PRATT ALLISTON, Esq., and RICHARD CLARENCE HALSE, Esq., other of the Aldermen of the said City; Sir FORREST FULTON, Knt., Q.C., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Tenniner, 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. EIGHTH 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, May 24th, 1897.
Before Mr. Recorder.
381. EDWARD BAKER (21) PLEADED GUILTY to stealing, whilst employed in the Post Office, two post-letters containing a metal block, and a box containing a card box and a metal trinket. He received a good character.— Twelve Months' Hard Labour.
384. GEORGE COPELAND (22) , to stealing a watch and chain from the person of William Took, and to a previous conviction in October, 1893. Other convictions were proved against him.— Three Years' Penal Servitude. [Pleaded guilty: See original trial image.]
385. WILLIAM STOCKDALE (29) , to feloniously wounding William Ashdown, with intent to do grievous bodily harm. He received a good character.— Ten Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. C. H. SMITH Prosecuted.
WILLIAM TAYLOR RUSSELL . I am a tailor, of 7, Wellington Street, Strand—on Sunday evening, April 25th, about ten, I was walking home, and, coming past one of the courts near Catherine Street, I received a violent blow in the chest; I did not see anybody until I received the blow—it knocked me over on my right side—I could see quite plainly the man that struck me; it was the prisoner—I think there was a boy with him, and, I think, some women; they were standing in the court—I recognised the boy; either he or the prisoner undid my coat—I was up again almost immediately, and they both ran away up the court—I went and saw a policeman, and gave him information, and we went after them—a few days after an inspector came to me, and I gave him a description of the prisoner—shortly after I went to the Police-station, and saw a
lot of young men, thirteen or fourteen, and I picked out the prisoner—I have not the slightest doubt about him—I had a good opportunity of seeing his face.
HARRY CALLAGHAN (Detective Sergeant, E). I arrested the prisoner at 2.30 on April 30th, and took him to the station—I told him it was on suspicion of stealing a watch and chain on the 4th—he said he was not there—I said he would be further charged with knocking a gentleman down in the Strand the same night, and attempting to steal his watch and chain—he said, "You know I have not done any thing of the kind for eight months"—he was placed with others, and the prosecutor came and picked him out, without any hesitation—the prisoner said, "You have made a mistake, sir."
CHARLES NORMAN . On Sunday, April 25th, about 8.35, I saw the prisoner at the corner of a yard in Great Queen Street, with another lad—I received some information a few minutes afterwards; I went to the spot, and he was gone.
The Prisoner's Statement before the Magistrate: "I was over the other side of the water when this affair was done; I can prove it."
GUILTY .—He then PLEADED GUILTY to a conviction at Clerkenwell on December 16th, 1895. Two other convictions were proved against him.— Twelve Months' Hard Labour.
MR. GREENFIELD Prosecuted.
THOMAS BUCKINGHAM . I live at 7, Mount Terrace, Child's Hill—on May 11th, about twenty minutes past eleven at night, I was indoors—the prisoner came and whistled outside the door, and my sister, who is his wife, went out to him—she said, "Bill, if you go on I will follow you"—he had been drinking—we were on good terms—he rushed into the passage; father rushed out, and pushed him down the steps; he fell down into the road—he got up and went home, and fetched a double-barrelled gun—he only lived three or four minutes' walk off—in about five minutes he came back with the gun, and said, "I will blow your brains out"—I heard the gun go off; I did not see him fire it—I heard the shots against the fence, not above a yard from me—they did not hit me; he was thirty-five yards off—I gave him into custody—my father is fifty years old.
Cross-examined by the Prisoner. There were not a lot of people in the passage—I did not hit you—father pushed you out for going at your wife; you were rushing to hit her—you had had a little drop of beer—there had been no quarrel between us.
ARTHUR BOTTOM . I live at 4, Castle Terrace—on May 11th, about twenty minutes past eleven, I was with Arthur Buckingham—I saw the prisoner; he was very drunk—I saw his father-in-law shove him down the steps, and he fell on his face in the road; he got up, his face was scratched a bit—I said, "It serves you b——right"—he said, "I will show you; I will scatter the lot"—he went up home about fifty or sixty yards—I followed him to his back door—he stopped indoors five or six minutes, and returned with a gun—with that, both I and the last witness ran away—I heard the gun fire, but I did not see him fire, or hear any shot.
barrel was discharged—I could not tell whether it had contained more than powder.
NOT GUILTY .
There was another indictment for assault, upon which the JURY found him
GUILTY .— One Month.
LEON PUDDINGTON . I am a furniture dealer, of 147, Vauxhall Bridge Road—on the afternoon of April 26th I was in a turning off Vauxhall Bridge Road—I saw the prisoner—I knew him by sight, that was all—he followed me into a convenience there, and asked me for some beer-money—I refused—he pushed by me, and said, "You will have to give it me, b——well, or I will take it"—there were about half-a-dozen others about there—I had already been threatened once or twice for giving evidence about a stolen bicycle—the prisoner tried to put his hand in my trousers pocket, but he took nothing out, I pushed him off; he then went for my chain, and broke it, and it fell on the ground—my watch was in another pocket—I knocked him down, and got out and picked up the chain; this is it; it is worth £3 10s.—I gave some boy 6d. to go for a constable, and I gave him into custody.
Prisoner's Defence: I had no intention of stealing his chain; it got broken in the struggle.
GUILTY of the attempt. †— Six Months' Hard Labour.
NEW COURT.—Monday, May 24th, 1897.
(For cases tried this day, see Kent and Surrey Cases.)
OLD COURT.—Tuesday, May 25th, 1897.
Before Mr. Justice Grantham.
Discharged on his own Recognizance. To appear for judgment if called upon.
(For other cases tried this day, see Surrey Cases.)
NEW COURT.—Tuesday, May 25th, 1897.
Before Mr. Recorder.
MR. HUMPHREYS Prosecuted.
Bays water Branch—at the beginning of this year the Cycle-cleaningand Insurance Company had an account there—the cheques were signed by two persons who always described themselves as directors—on May 11th this cheque was presented to me over the counter by the prisoner: "Pay Mr. J. Williams, or order, £35 10s. 6d. W. A. Gavin, Henry Fitzgerald"—I said that it must be signed officially, and he left—he came again next day about 3.30—the cheque was then signed, "W. A. Gavin, Managing Director," and "Henry Fitzgerald"—I refused to cash it, and sent for a police-man.
WILLIAM L. GAVIN . I am managing director of the Cycle-cleaning and Insurance Company—on May 1st the prisoner was in our service—this is not my signature to this cheque; it is nothing like it—it is torn out of the middle of the company's cheque-book, which is kept in the safe when it is not on the secretary's table—the prisoner had nothing to do with cheques; he was an out-door servant—I received this letter (produced) from him—I do not know Mr. Williams—the prisoner asked me to take him back into our employ.
Cross-examined by the Prisoner. I have no complaint to make against you; you did your work very well—I think the manager left a week after you, the secretary said so, and I think a clerk left on the same day; he was employed in the same office, and had access to the cheque-book—you have had a good deal of money pass through your hands.
WILLIAM ARTHUR BENNETT . I am secretary of the Cycle-cleaning and Insurance Company—the prisoner left their employment on May 1st, and a clerk who was in their employment only a few days left about the same time; it was the week after Easter; he came on Tuesday, April 23rd, and left on the Saturday—I did not miss this cheque till I heard it was presented—it was taken from the company's book, and the counterfoil left blank—on May 12th the prisoner called at the office about 3.5 p.m., and asked me for an address—he then left, and about twenty-five minutes afterwards I was rung for to go to the London and Westminster Bank, which I did, and found the prisoner in custody.
Cross-examined by the Prisoner. The clerk who left was incompetent; there was no charge of dishonesty against him, but something was missing from the shop window—you brought in money when it was given to you; the company found no fault with you while you were in their employment—you took money in the shop, and held it over-night when the manager was absent on duty.
By the JURY. Notice was given him to leave.
WILLIAM WRIGHT (205 Y). On May 12th I was called to the London and Westminster Bank, and the manager gave the prisoner into my custody—I told him it was for uttering a forged cheque, with intent to defraud—he said, "It is the first time I ever done anything wrong in my life; I am the dupe of others"—Mr. Rutter and Mr. Bennett were present—he said at the station, "I received the cheque from a man named Williams at the Marble Hall, Strand; I said, 'Is it all right?' he said, 'Yes, you get it changed; I will pay you for your trouble'"—I said, "Who is Williams?"—he said, "He is a betting man in the Strand"—I have
made inquiries at the Marble Hall, and of the local police, but cannot find such a person as Williams.
W. A. BENNETT (Re-examined). I heard the prisoner say to Wright, "It is the first time I have done anything wrong; of course, I have not done anything wrong now. I am a dupe; the cheque was given to me by a man in the Strand, and I believed it was all right."
GEORGE SMITH INGLIS . I live at 8, Red Lion Square, and have been for a good many years an expert in handwriting, and act for the Treasury—I have examined this cheque, and also this letter, which purports to be written by the prisoner; they are written by the same person, but I leave out the signature to the cheque—the endorsement of the cheque, "J. Williams," is the same writing as the body of it—the "p" in the cheque is the same as the "p" in "pounds," and is somewhat peculiar, and the "s" in "shillings" is the same as the "a" in the letter; that is not a very common form—there are many "s's" in the letter, and they are all the same curious ones—the letter "t" in the word director is large and prominent, much larger than in the other letters—the small "a's" are made much more like "o's"—the figure "9" in "1897" has a little hook at the bottom of it, which appears in both; that is a very uncommon thing—the word "Gavin" has been traced; there is pencil under it—I should say that the letter is his natural hand, and the body of the cheque slightly disguised.
The Prisoner's Statement before the Magistrate; "I left the company's employ on April 24th or 25th, Saturday. During the time I was in the company's employment I never saw a cheque-book belonging to the company, or a cheque. I do not know how the cheques by the company were signed, or had been signed. I am perfectly innocent of the case as to the forgery, and as to it being a bad cheque."
The Prisoner, in his defence, stated that he received the cheque at the Marble Hall from a man named Williams, who he only knew by sight, who asked him to get it cashed, and assured him that it was all right, and that, failing to get it cashed, he returned it to Williams, who got it altered, and he presented it again, not knowing that it was forged.
The prisoner received a good character.
GUILTY.—Recommended to mercy by the JURY.— Judgment Respited.
MR. ROBINSON Prosecuted, and MR. BURNIE appeared for Leonard.
GEORGE SILBER . I am a printer, of John Street, Stepney—early on Sunday morning, May 2nd, I was in Cambridge Heath Road, and was attacked by three or four people—I felt a tug at my watch-chain; they tried to pull it away—a constable arrived—I was then flat on my back—I cannot recognise the man, as my hat was over my eyes—as I was getting up I heard a whistle blown, and saw a policeman holding Leonard—I held my watch till the constable arrived—I had a slight kick on my head—an arm or hand was put under my chin,
Cross-examined by MR. BURNIE. I followed to the station—some people were following.
Re-examined. Seven or eight more followed, but none of them went into the station.
HENRY MOTLEY (294 J). I was on duty soon after midnight on Sunday, May 2nd, in Cambridge Heath Road, and a number of people passed me singing; Higgins and Holmes are two of them—I lost sight of them by the railway bridge, and then heard a muffled cry of "Murder!" in the direction they had gone—I went up and saw several men; they had got a man on the ground; one or two were holding him, and the others were rifling his pockets—I tried to seize one of them, and found it was Holmes, whom I knew before by sight—I did not actually touch him, for I fell down—he was either holding Silber, or rifling his pockets—Higgins, whom I knew by sight, was stooping over the man—when I arose from the ground I saw four men running—I gave chase, and caught Leonard—I did not know it was Leonard till I caught him—four or five men were holding Silber, and I saw four running—Leonard collapsed and fell when I caught him—he said at the station that he was sixteen, and we could not get any other age out of him—he said, "I did not do anything; I was not there"—it would take ten minutes to walk from there to Neath Place; it is nearly a quarter of a mile away—it would be impossible from the coffee-stall to see what was going on, as there are three or four bends—I did not blow my whistle till after he fell—I arrested Higgins at 1.30, and said that it was for a robbery in Cambridge Road last night—he said, "I was not in Cambridge Road last night"—I have seen Higgins and Holmes together several times.
Cross-examined by MR. BURNIE. My blowing my whistle drew several people round me.
ALFRED CRUTCHETT (342 J). About midnight on Saturday, May 1st, I was in Cambridge Heath Road, and saw a party of men singing—I told them to desist; I saw Holmes among them, and arrested him on Monday; he made no reply—he was charged at the station, and said, "I was not there"—they were taken before a Magistrate on the 4th, when Holmes said that he had no witnesses—they were remanded, and then he called his mother—she knew where he was, because she sent him food to the station.
Evidence for Leonard.
NATHAN HUEMAN . I am a glass-blower, of 73, Colling wood Street, Bethnal Green—on Sunday morning, May 2nd, I was with Leonard and a man named Davis in Cambridge Road—I had been with Leonard since 7.30 on the Saturday night—we had been to the Foresters' Music Hall; Leonard was the worse for drink—we stopped at a coffee-stall—a lot of men were singing on the pavement; they passed us, and I lost sight of them—after that I heard a police whistle—I saw Leonard all the time; he took no part in the robbery.
By the COURT. It is quite untrue that he was running away when the constable took him.
Cross-examined. I had had about as much drink as Leonard had—this was at the junction of the Mile End Road and Whitechapel Road, nearly a quarter of a mile from where Leonard was caught; we were then coming away—the Three Colts public-house is just by where this occurred—we were coming away from the coffee-stall when I heard the whistle; eight men were running the same way as we were.
Evidence for Higgins.
FREDERICK WOOD . I keep this coffee-stall; Timothy Collins and two others came to my stall; he was the worse for liquor—they did not pay; I trusted them—I do not recognise Higgins—I did not take any notice, and I should not know him again—I had had some trouble, and I was all in a flurry.
By the JURY. I did not see Leonard at the coffee-stall; I don't know him—there is another coffee-stall near the Pavilion Theatre—I do not own the coffee-stall at Mile End Gate.
Evidence for Holmes.
MRS. HOLMES. I am the prisoner's mother, and am a tailoress, he lives with me in Bethnal Green—on this night, at 11.55, I went out to get some beer—I noticed the time, because the houses were closing—I locked the door, and locked my son in—he is twenty-three—he did not go out after supper—he was sound asleep in the room where he had his supper.
Cross-examined. I did not stay and have a little talk with someone on the way—I had no one to speak to that night, and they said, "The houses is closing"—I knew that my son was charged at 12.30, and I went with his breakfast in the morning to the station and asked the inspector what he was charged with—he said, "With a watch robbery"—I did not attend the hearing before the Magistrate; I was out of my mind.
By the COURT. I did not say that my son was locked up in my house because I was not used to it.
Higgins, in his defence, stated that he was innocent, and had been taken for another man; that he was at the coffee-stall, and saw a man who called for three cups of coffee and some eggs, and from there he went home.
Holmes's Defence: I went down the street alone.
NOT GUILTY .
MR. WILLSON Prosecuted.
CHARLES ROBERT MACROW . I am a French polisher, of 24, Bentley Road, Kingsland—on the night of April 10th I was walking along Southgate Road, and met the prisoner and a woman; they came against me, and I said, "You might be careful where you are going"—the woman said, "Knife him"—the prisoner made a blow at my arm with a knife, and I felt blood running down—"I took my coat off, and began to feel a little giddy; a policeman came up, and I gave them in custody—I saw my stomach hanging out—I was taken to the hospital, and am still there—they were absolute strangers to me.
Cross-examined by the Prisoner. I did not push in between you and your wife, or start kicking you—a person on the other side of the road did not cry out, "Shame!"—a woman did not come to your wife's assistance—I hung my coat on the railings, and you came across again—I did not knock you both down again afterwards; I had riot a bit of strength—I did not strike her in the face and say, "You cow!"
ALBERT EDWARD COOK . I am assistant-superintendent to an insurance company—in the early morning of April 11th I was in Southgate Road, and saw a small crowd—I stood on the opposite side, where a man's clothes were hanging on the railings—Macrow came across, and said, in
the prisoner's hearing, "I have been stabbed"—I put my hand on his arm, and felt a small wound, and my hand was covered with blood—I said, "You have been stabbed"—he seemed somewhat incensed, and struck out at the prisoner and his wife, who came over to where the clothes were hanging on the railings—the prisoner grappled round the prosecutor, and the wife got him round his back for some few seconds, and another man came up, and took hold of the prosecutor, and held the prisoner till the police arrived—the prosecutor hit the woman, and I believe he knocked her down—the prisoner and the woman were drunk; the prosecutor was sober.
Cross-examined. The prosecutor crossed to put his clothes on, and you crossed with your wife.
ROSE DELL . I am married, and live at 153, Southgate Road—on April 10th, about twelve o'clock, I saw a scuffle in the road, and a man and a woman on the ground, who I heard afterwards were the prisoner and his wife, but I do not recognise the prisoner; the prosecutor was kicking her—I said, "Don't kick the woman," and picked her up, and asked the prisoner what he was knocking the woman about for—he said, "We were walking along Southgate Road, and having a little too much to drink I knocked against the man; I begged his pardon, but he will not take it"—then the prosecutor struck the woman, and knocked her down.
BARNABAS MOUL (96 J). On April 11th, about 12.30, I was on duty in Southgate Road, heard a police whistle, and went and saw the prosecutor, who was stabbed on his left arm—he gave the prisoner in custody, who said nothing; I took him to the station, and found this knife (produced) on him; he had had a glass or two—I cannot say that he was really drunk; they had all had a glass or two.
JOHN NORMAN (Police Sergeant, 75 J). I took the charge and read it over to the prisoner; he said nothing—I asked the prosecutor to show me the wound; he did so, and afterwards it was found that he had been stabbed twice, and his bowels were protruding—the prisoner said that he did not stab him—I said, "Have you a knife?"—he handed me this knife, and said that there was a mob, and they knocked him about and ill-treated him and his wife—his wife's face had been knocked about, but it was evidently an old blow; her eye was quite black.
Cross-examined. The prosecutor said in the charge-room that the woman knocked against him, and he set about him, and you stabbed him, and you denied it—you said that, seeing your wife set on, you did this in a moment of frenzy—your coat was torn.
JOHN CLARKE (87 J). I was at the station when the prisoner was brought in—he said that he was with his wife, and was set upon by the prosecutor and a gang—the prosecutor said that he was with no gang, but that the prisoner's wife hit up against him, and he asked her where she was coming, and the prisoner came up and stabbed him—the prisoner said, "You liarl! you knocked my old woman down, and when I got up you, knocked me down, I had been to see some friends in Southgate Road," and called my attention to his wife's face—she had a black and swollen left eye, but it was not fresh—he was removed to a cell, and said that he had done it, but he lost his head, and did not know why he did it—he asked how the prosecutor was getting on.
Dalston—Macrow was admitted thereon April 11th—he had a wound on his abdomen, and a small wound on his left shoulder—I put him under chloroform, and had to enlarge the opening—I then found the intestine wounded very dangerously—I have seen the knife; it would require considerable force—the wound is almost healed now—the wound on his shoulder was unimportant.
The Prisoner, in his defence, stated that the prosecutor forced himself between him and his wife, and knocked them both down, and then ran across the road, and took off his coat, saying, "You cow!" and knocked her down again.
GUILTY .— Ten Months' Hard Labour.
CLEMENT SHEPHERD (City Detective). On May 19th, about 10.30 a.m., I was called to 74, Great Tower Street, and saw the prisoner detained; I asked him to account for being in the office—he said that he went there to find Mr. Johnson, to get some work, painting—he was told that there was no Mr. Johnson there—he said that a man below sent him up to get a job—I said that as he had been there the day before, I should send him to the station; I did so, and found on him several stolen articles, two pouches, a purse containing 11s. 3d., two handkerchiefs, five gloves, a key, a pocket-book, and a pipe (produced)—he was charged with stealing three books, and made no answer—he said that a man with him went to Petti-coat Lane and Houndsditch, and entered a building where they pay a penny to go in, and sold a coat—five coats were stolen.
JESSE HUGH GLOVER . I am a clerk at 74, Great Tower Street—on May 18th I took my coat off, and put it behind the door; it had various articles in it—I missed it—I did not see anyone in the room that day, but next day, between ten and twelve, someone came in—I asked who he wanted; he said, "Mr. Johnson"—I went across to the police; they came, and I charged him with being on the premises without lawful excuse—some of these articles were in my jacket the day before.
GUILTY .—He then PLEADED GUILTY to a conviction on October 21st, 1895, at this Court; and seven other convictions were proved against him, extending over forty years. There were two other indictments against him.— Five Years' Penal Servitude.
MR. CORSER Prosecuted.
ALFRED BAKER (City Policeman). On May 13th I was on duty in the neighbourhood of Houndsditch, and heard a crash of glass—I went to Cutler Street, and saw the prisoner—I asked him what he had in his possession—he said, "Nothing"—I took him in custody—he took something out of one pocket and tried to transfer it to another, and these four watches were found on him; they are all identified.
opposite, and subsequently saw the prisoner standing by the prosecutor's window—a policeman asked me which way they ran, and I told him.
Cross-examined by the Prisoner. I am quite certain it was you.
ADA RICHARDSON . I am barmaid at the Sir John Falstaff, Hounds-ditch, opposite these premises—on the night of May 13th I heard the smashing of glass, looked out, and saw the prisoner standing by the window and taking something out; he ran up Cutler Street—I did not see anyone with him, but I saw two others.
Cross-examined. I saw nothing in your hand—you were standing at the corner of Cutler Street first, and then you went to the window and took something out, and went down Cutler Street again.
ISIDORE NEWMARK . I am a jeweller, of 117, Houndsditch—I was called to the shop on the night of May 13th—the front window had been smashed, and several watches taken—I identify these watches as part of them—the window was perfectly sound when I left at 7.30 or eight—from twelve to fifteen watches were stolen.
Prisoner's Defence: A minute or two before the policeman took me a man said, "Here you are, here is something for you," and gave me something, which I put in my pocket, and the policeman seized me immediately. I was never charged before, only for a drop of drink, and I have been in charge twelve days.
GUILTY .—There were several summary convictions against him.— Ten Months' Hard Labour.
395. SAMUEL HAYWARD (22) , Unlawfully taking Louisa Agnes Venner, aged sixteen years and ten months, out of the charge of Alice Standish, who had the lawful care of her: that she might be carnally known by him.
MR. WOODCOCK Prosecuted.
The RECORDER considered that as the prosecutrix was not living with her parents, but had been out to service, and was only on a visit to her cousin while seeking another situation, so that the case did not come within the meaning of the Act.
NOT GUILTY .
THIRD COURT.—Tuesday, May 25th, 1897.
Before Mr. Common Serjeant.
396. HENRY WILLIAMS** (27) PLEADED GUILTY to obtaining by false pretences from Richard Donald Cross and another twelve bicycle bells and other goods, with intent to defraud, having been convicted of felony at this Court in February, 1896, in the name of Arthur Cameron.— Eighteen Months' Hard Labour.
397. GEORGE CLARKE (20) , to breaking and entering the warehouse of Charles Frith and others, and stealing 1 lb of tea, 1 lb. of sugar, and other goods of other persons.— Judgment Respited for inquiries. [Pleaded guilty: See original trial image.]
398. WILLIAM CUMMINGS** (48) , to burglary in the dwelling-house of Harry Free, with intent to steal, and to a previous conviction of felony at the London Sessions in January, 1895, in the name of William Wybrow.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
399. JOHN STURLEY (26) , to two indictments for forging and uttering orders for the payment of £5 12s. and £5 10s., with intent to defraud.— Fifteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. PARTRIDGE Prosecuted, and MR. PURCELL Defended.
ELLEN TOTTLE . I am the wife of Harold Tottle, and manage the Manor Farm Dairy, Station Parade, Highgate—on Friday, May 7th, about 2.30, I served the prisoner with half a pound of butter, at 1s. 2d. per 1b.—she tendered this crown, and I gave her 4s. 5d. change—I was putting it in the till, but, finding it was light, I went to the door, and saw her hurrying up the road, about four shops away—I spoke to a customer who then came in—I took the coin to the Highgate Police-station when I closed my shop in the evening, and handed the coin to Evans—I was sent for to Marylebone Police-station on Thursday, May 13th, and identified the prisoner from, I think, eleven women—I am sure she is the woman.
Cross-examined. I met Sergeant Nicholls at the corner of the Junction Road, and he accompanied me to Marylebone—my mother was with me—my husband is not engaged in the business—I had heard the previous Sunday that I was to go to Marylebone from a policeman who called—most of the women had large fashionable hats—they were all very much alike—I looked more at their faces—the prisoner was wearing the same hat—it is a kind of cap, a skin hat, no flowers, not a matinée hat, a toque—this is it—the police did not tell me where the prisoner was to be placed—I make up the packets of butter in the morning for the day.
Cross-examined. Mrs. Tottle gave me a description of the woman, and her dress.
WALTER AUGUSTUS WATSON . I keep a stationery and fancy shop at 220, High Street, Barnet—on May 7th, about four p.m., I served a woman, in a dark green dress and toque hat like this, with 6d. worth of fancy grass to put in the fireplace—she tendered a 5s. piece—I gave her half-a-crown and a 2s. piece change wrapped in paper—I found it was bad on the Saturday morning, when the police came to me—I handed it to Bradbrook.
Cross-examined. I described the woman—I went with Nicholls to Holloway to identify the prisoner—one other woman was dressed in green—the prisoner's and some other women's heads were uncovered—I pointed to the other woman in green, but I was not sure—outside Nicholls said I had picked out the wrong woman.
ETHEL GIBSON . I keep a fancy shop at 106, High Street, Barnet—about four o'clock on May 7th I served the prisoner with 6d. worth of crewel silk—she tendered this crown—I noticed it was light—I gave her 4s. 6d. change—when she had gone I examined it more carefully, and found it was bad—I took it to Barnet Police-station, and handed it to Young—I noticed the prisoner's face and dress—I gave a description to Nicholls—yesterday afternoon I went to Holloway, and identified the prisoner from fifteen or twenty women—this is the silk.
Cross-examined. I noticed the prisoner because she was a stranger,
and I know most of my customers—I generally put money in the desk, and that I did—I hesitated to give change, but gave her the benefit of the doubt—I did not look at it again till eight the same evening—I refused to go to the Police-court till the Treasury took me last Thursday—I saw a gentleman from the Mint on Thursday evening—I went into the room to identify before Watson—two women had greenish dresses—about fifteen wore hats or head coverings—more than six had no head coverings—having touched the prisoner, I did not look at the others—she was in the middle—I hardly looked at the dress; it was the face I looked at—there was no resemblance between the prisoner and the other woman in green.
Cross-examined. She said she had a green costume and a furry hat—she did not mention a "toque" to the best of my recollection.
FRANCES KIDDELL . I am assistant to William Roper, a draper, of the Bon Marche, Kilburn—between 6.30 and seven p.m. on May 7th, I served the prisoner with one yard of ribbon at 4 3/4d.—she tendered this 5s. piece—I folded it up in this bill, and sent it up in the cash ball on the cash railway to Miss Grey, our cashier—Mr. Hayne came and spoke to me, and I pointed out the prisoner—she was sitting in a chair, waiting for the change—she was taken to the office.
WILLIAM HAYNE . I am the manager of the Bon Marche—I examined this coin which Miss Tuck brought to me—I found it was bad—in consequence of what she said I went to Miss Kiddell, who pointed out the prisoner—I went to one of the firm, and then to the prisoner, who was sitting on a chair—I asked her if she was aware the coin was bad—she replied, "No"—I asked her name and address—she said, "Emma Harding, 45, Great Wyld Street, Long Acre"—I wrote it down—I remembered the address before the Magistrate—I do not want my notes to refresh my memory—I asked her to walk into the office—then I asked her how it was, as she lived at Long Acre, she was shopping in Kilburn—she said, "I have been to Barnet to see my brother, who is in the Militia there"—I asked what money she had changed or got—she said she had started out in the morning with 30s. in gold, and she went to a place and had tea at Barnet, where she received 9s. 6d. in change, and this coin was amongst it—I asked if she had any of the change or any other silver coin that she could show me—she said, No, she had spent it all—I asked her if she could show me anything she had bought with the change—she said, "No"—I referred to the Directory, and found the address where she said she was living, and asked if she could tell me the name of the person who kept the house—she said she could not give it—I told her I did not consider she was telling me the truth—I was not satisfied, and sent for the police—she was given into custody by Mr. Youles, a partner.
Cross-examined. The examination of her did not take very long—Mr. Youlers joined in the questions—it took about ten minutes—I said I did not believe her, because she said she got in the train at Barnet, and it did not stop till it got to Kilburn, and that is impossible—when the police-man came I told him she had passed bad coin—at first she had said, "I did not know it was bad"—she said nothing when the policeman came—I remained till she was taken away.
WILLIAM GOODWIN (225 S). I was called to the Bon Marche, and took the prisoner—I said I should charge her with uttering a 5s. piece, knowing it was bad—she said she did not know it was bad, and passed some remark about the Bon Marche—I took her to the station—she was again charged—when the sergeant told her she would be charged with uttering counterfeit coin she said, "Yes"—I received this coin (produced).
ELIAS MITCHELL (86 S). I was in charge of the Hampstead Road Station when the prisoner was brought in—I charged her with knowingly uttering a counterfeit 5s. piece, and with an attempt to defraud Messrs. Roper, of High Street, Kilburn—she replied, "Knowingly uttering?"—I said, "Yes"—she said it was given to her in change for some tea at a coffee-house at Barnet—she was taken to a room and searched by Eliza Hempshire—I sent a telegram to an address the prisoner gave at Long Acre, which turned out, from inquiries, to be her father's—I received a purse from the searcher, with a sovereign in it.
Cross-examined. Barnet is in my division—there are Militia barracks there.
ALFRED NICHOLLS (Detective Sergeant). On May 7th I received a counterfeit coin from the sergeant at Highgate Police-station—I was present at Marylebone Police-court when Tottle identified the prisoner at once from nine or ten others.
Cross-examined. I am in charge of this case—six of the persons amongst whom the prisoner was placed for identification were prisoners—some were "drunk and disorderlies"—they were not all known to the police—they were not dilapidated—I could not say how many were dressed in green, but some were about the prisoner's age.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to Her Majesty's Mint—these four crowns are all counterfeit, and all from the same mould—I have seen thirty-five or forty coins from one mould—the number that it is possible to produce from one mould depends on the ability of the maker—these are very fair imitations—the crown has been an unusual coin to imitate till lately; there have been a great number.
Cross-examined. They are as easy to produce as florins.
GUILTY .—She was stated to have been several times convicted, and to be an associate of coiners.— Eighteen Months' Hard Labour.
MR. LATHAM Prosecuted, and MR. HUTTON Defended Arthur Smith;
MR. SIMMONS Defended John Smith and Weston.
This charge arose out of a dispute in a brothel, and the JURY, after hearing the prosecutor, and the statement of a police sergeant that he would not believe him on his oath, said they could not convict on such evidence, and stopped the case.
NOT GUILTY .
MR. HUTTON Prosecuted.
GUILTY .— Six Months' Hard Labour.
OLD COURT.—Wednesday, May 26th, 1897.
Before Mr. Justice Grantham.
MR. WALLACE Prosecuted, and MR. RANDOLPH Defended, at the request of the Court.
NOT GUILTY .
MR. RANDOLPH Prosecuted.
TOWNSEND— GUILTY .— Eighteen Months' Hard Labour
GRAY— GUILTY .— Twelve Months' Hard Labour.
NEW COURT.—Wednesday, May 26th, 1897.
Before Mr. Recorder.
MR. BURNIE Prosecuted, and MR. KEMP, Q.C., Defended.
During the progress of the case, the JURY stated, without hearing the prisoner's defence, that they had agreed to a verdict of
NOT GUILTY .
406. JOHN STURLEY (26) PLEADED GUILTY to forging an order for £5 10s., with intent to defraud, and ANNIE BURDEN (17) to feloniously uttering the same, Sturley having been previously convicted. BURDEN received a good character— Discharged on Recognizances. STURLEY— Fifteen Months' Hard Labour.
MR. HUGHES Prosecuted, and MR. SIMMONS Defended.
left the house quite safe, and next morning found the door unlocked and ajar—I informed the police.
THOMAS SMITH . I am manager to Isaac White, a jeweller—on the night of March 11th I was the last person to leave the premises, and left them safe—I found next morning that there had been a burglary, and a large quantity of property stolen—I gave information to the police—this (produced) is part of the property stolen; here is one ring, marked "A"—they were on the premises that night.
Cross-examined. They were things I had to sell; my private mark is on every article—about £1,100 worth of property was taken away, and only about =£20 worth found.
JAMES BALLARD (Detective Sergemt, N). On April 28th, about 9.30 a.m., I went to the prisoner's premises, Scotland Road, Islington, with Dyke—it is a private house—I told him I was going to search his premises, as I had received information that he was in possession of stolen property—he said that he was not—I went to the front room, and was going towards the foot of the bed, when Dyke shouted out, "That won't do, Jack"—I said, "What?"—he said, "He has put something down his neck, "and I saw Dyke take two rings from his neck—I then asked the prisoner to take off all his clothes, and searched him, and found £25 in gold, some silver and two pawn-tickets on him—I also took possession of a large quantity of jewellery; I do not know where it came from—on May 4th I went again with Dyke, searched the bed again, and between the mattress and palliasse I found this lady's sealskin bag, with eighteen silver watches in it, and twenty-one nine-carat gold, paste rings—I had locked up the premises on April 28th, and kept the key—on May 28th I showed the things to Sharp at Clerkenwell Police-court—he said, "Whoever the informant may be must have put them there in spite towards me."
Cross-examined. I found the bag six days afterwards—the house is occupied from the top to the bottom; the prisoner occupied the front room only—there was no safe there, and no safe place to keep jewellery.
By the COURT. When I went the second time there were seven jemmy marks on the door; an attempt had been made to get in, but the lock was a strong one, and they had not succeeded.
ALFRED DYKE (Detective Officer). On April 20th I went with Ballard to Sharp's room, 2, Popham Road—I saw him get up from a chair, take up a can of milk which was on the table, and drop two rings into the milk; shortly afterwards he scratched his head and placed two gold rings down his neck—I said, "Jack, that won't do." and took the two rings from his neck—a number of rings and metal watches were found, and seven crucibles, one containing melted metal—I went back in the after-noon, took the crucibles to the station, and asked him if they were his property—he said, "Yes, I use them for melting down cases of watches."
Cross-examined. I do not know what is in this crucible, except that it is metal; he volunteered the explanation—I know that they melt down any old silver legitimately.
Re-examined. Sharp is not a jeweller; he is a buyer of watches; ten other watches were found, which are not identified.
INSPECTOR OUTRAM. I produce a certificate—I was at Clerkenwell Police-court when Sharp was handed over—I said that we were detectives
of the City, and should take him for receiving—we said, "You understand?"—he said, "Yes."
WALTER JAMES . I am in the employ of the Abyssinian Gold Company, 421, Strand—on September 26th or 27th their premises were broken into through the back wall, and about 300 rings stolen, some nine-carat gold and some eighteen; this ring (produced) is one of them, and here are twenty others; they were on the premises the night before.
Cross-examined. The value of this ring with a diamond is 12s. 6d.; it is nine-carat gold and paste—the lowest price is 12s. 6d., and the highest 25s.—this ring bears our private mark.
GUILTY .—He then PLEADED GUILTY to a conviction at Clerkenwell on May 9th, 1892. Several other convictions were proved against him, and he had had altogether twenty-five year a penal servitude.— Five Years' Penal Servitude.
MR. BUTTON Prosecuted.
NOT GUILTY .
THIRD COURT.—Wednesday and Thursday, May 26th, and 27th, 1897.
Before Mr. Common Serjeant.
409. GEORGE EDWIN FAIRCHILD (47) PLEADED GUILTY to five indictments for embezzling £74 4s. 6d., £2,191 5s., £430 19s., and other sums received by him on account of the Royal Standard Permanent Benefit Building Society, his masters, and to other indictments for omitting to make entries, and making false entries in their books.
He received a good character.— Judgment Respited.
410. EDWARD HARTLEY (33), JOHN MORGAN (30) and SAMUEL CRAVEN (28) , Stealing 112 packets of hop tea and a trolley, the property of Snelling, Lampard and Co. Second Count—Receiving. MR. J. C. MATHEWS and MR. MUIR Prosecuted; MR. GEOGHEGAN appeared for Hartley and Morgan, and MR. CHAMBERS for Craven.
JOHN WILLIAM BUCKMASTER . I am a box-maker employed at the Hop Tea Company's warehouse, 24, Spa Road, Bermondsey—I delivered a box of 112 quarter-pound packets of tea to the boy William Syer, to go to Eastcheap—they were similar to this one produced—I saw the truck the tea was put on, at the Mansion House—it never came back—in the afternoon Syer told me something about it.
Cross-examined by MR. CHAMBERS. I helped pack the truck—we have sent thousands over England to grocers, and so on—we sell through our travellers.
WILLIAM SYER . I am fourteen years old—I am employed by Messrs. Snelling and Lampard—on March 24th I took a box on a trolley, with instructions to deliver it at Eastcheap—a man stopped me in Great Tower Street, and asked me to go and get a bicycle for him—he gave me 6d.; I left the trolley to go to the bicycle shop—I could not find it—I came back to where the trolley and the man had been, but they had gone—I was away about three minutes—I told what had happened to our
people—I afterwards saw the trolley at the Police-station at Seething Lane.
WILLIAM RUSSELL TERRY . I am a clerk to Snelling, Lampard and Co., Limited, of St. George's House, Eastcheap—they carry on business as the Hop Tea Company—on March 24th we were expecting a case from the Bermondsey warehouse of 112 quarter-pound packets—it did not come—I saw Syer, and made a communication to the police—this packet is similar to those I expected—the retail price is 6d. a packet, and they contain a proportion of hops—we have no customer at Bradford.
Cross-examined by MR. CHAMBERS. We send thousands out to grocers—we never supply private customers if they can obtain it—we sell three qualities, one at 2s. 6d. per lb., with a different coloured label, and marked 71/2d. instead of 6d.—our trade price is 1s. 71/2d. per lb., and 21/2 percent, for prompt cash—we allow rather more to one or two wholesale agents—the allowance works out at 2d. per lb.—some customers have become bankrupt—we advertise—five or six years ago we sent out samples—we have used this label over seven years, also the supplemental label—there is nothing to show what year the packets were made up in the warehouse.
By the COURT. I never heard of any being sold at 1d. a packet—we pay the duty.
THOMAS TALBOT (Detective, Bradford). Craven is an auctioneer in Duckett Lane, Bradford—he lives at 201, St. Leonard's Road—I was in the public market-place at Bradford on Saturday, March 27th, about six p.m.—Craven was holding a sale, and had just got on his stall when I arrived—it was surrounded by a crowd, and on it were hampers, ladies' capes, watches, guards, and packets of tea like this (produced), with the yellow label—he said, "Let us see; what shall Is tart with to-night?"—he looked round his stall, and said, "Who will give me a bid for this? It is hop tea, quarter-pound packets, and usually sold at 6d.," and he pointed to the "6d." on the end of the packet. "What shall I say for this?"—no one made a bid—he said, "I'll start it myself at 1d.; who will say a penny?"—a man in the crowd said, "I will say a penny"—he could get no further advance, and the man took the packet at 1d.—he then picked up another, and said, "Who says another? It is good tea, called hop tea. I have had some to-night for my tea, and I can assure you it is good tea. It is said to be good for indigestion"—he sold a second packet at 1d.—he then introduced some jewellery—I saw some packets in the possession of Sergeant Crouch on April 6th which I have identified as similar.
Cross-examined by MR. CHAMBERS. I have known Craven five or six years—he sold in the market every Saturday—he is a "Cheap Jack"—I was there to look after pickpockets and keep order—it is customary for members of the force to be present—there was nothing unusual in his proceedings that night—there was no concealment—things were wonderfully cheap at the commencement of the auction, to attract people—the people round him were strangers to me, mostly country people—I assisted Crouch to find out who Archer was.
Re-examined. From inquiries, we found Craven was Archer.
CHARLES JOHN SMYTH . I am assistant to Messrs. James and Priestley, 74, Aldermanbury, mantle manufacturers—part of my duty is to give out materials for making up, and to take in the work when it is returned—when
the materials are sent out we put marks upon them—in May, September, and October I employed a Mr. Rayner, of 31, Walworth Street, to make up jackets—we had supplied him with materials like those fourteen jackets produced, which have tickets upon them—we sent thirty-seven jackets and six capes to Rayner to make up—they did not return—we have books from which we check them—I identify them by the make, the ticket, and the cloth.
Cross-examined by MR. CHAMBERS. They are made by machinery, and finished—the material is a sort of shoddy—it is made about the Dewsbury locality—this is a winter line—we send out thousands—the fashions change, and they become of less value—these are sold wholesale at about 5s. 6d., or a little more, but at 4s., 4s. 6d., or 5s. at the end of the season—they would go down in value after November—in the spring we should sell them at less than cost price, which is about 4s. 9d.—the shoddy is worth 15d. a yard of about forty-five inches wide, trade price—we should not sell them by auction, but ask the buyers to fetch them—these would fetch 3s. 11d.—when the season is over they are generally sold for export—"Cheap Jacks" do not buy from us; we only sell to wholesale houses—there has been no attempt to disguise them.
GEORGE RAYNER . I am a mantle maker, of 31, Walworth Street and 17, Goswell Road—I make up goods for James and Priestley—I put a ticket on them—I made up some goods in October of last year, upon which I put tickets, on which I wrote the name of the machinist—on October 15th I packed a quantity of jackets, of which these produced formed part, in bundles of four or five, and sent them by a boy, Bernard Ryder, to go to James and Priestley, of 74, Aldennanbury.
BERNARD RYDER . I am thirteen years' old—on October 15th I was employed by Mr. Rayner to take some jackets, in bundles, on a barrow to 74, Aldennanbury—I wheeled the barrow up and left it, according to my custom, in the passage at 74, Aldennanbury—the passage was full—I spoke to somebody outside—in consequence of what he said I left the barrow in his care while I went to the counting house—when I came back, after about three minutes, I could see nothing of my barrow, or the goods, or the man—I gave information to the police at Moor Lane—this was between 2.45 and four p.m.
ALFRED ERNEST PENHALL . I am a salesman to Messrs. Phillips and Abbott, of 5, Hemsell Street, mantle manufacturers—on October 15th I superintended the packing of a case containing ninety jackets—I saw it closed, and placed under the stairs behind the door, to be sent to the railway carrier—it was 4 or 5 cwt. in weight—I last saw it safe between 8.30 and 8.45 p.m. on Friday, October 16th—the next morning it was not there at 8.45—I gave information to the police—there were about ninety mantles in the packet—the eleven jackets produced belong to Messrs. Phillips and Abbott.
Cross-examined by MR. CHAMBERS. This material is a cheap frieze—it is hardly a real frieze—it would be very rude to call it shoddy—this jacket would cost wholesale about 7s. 11d. when it was fashionable—as the season progressed it would depreciate possibly to 3s. 6d. or 3s. at the end of the season, about Christmas—the labels are all intact—the labels facilitate my identifying them, as it is my writing on them—without the label, I should be able to speak to them by the make, and many details—we sell
to wholesale houses for cash and credit—some houses may become bankrupt.
Re-examined. I have not the unfortunate experience of the bank-ruptcy of any of my wholesale customers.
JAMBS EDWARDS . I am foreman to Patersou Edwards, my brother, toy-maker, of 6 and 7, Old Kent Road—on December 9th I packed five dozen toy mail-carts on a costermonger's barrow—these (produced) are some of them—we make them—I handed the packed barrow over to Henry Musters, an errand boy in my brother's employment, with instructions as to where he was to take them—in consequence of what he afterwards told me I gave information at Seething Lane Police-station, where I saw thirty-nine of the carts, of which three are produced here.
Cross-examined by MR. GEOGHEGAN. Their values are 10d., 1s. 9d, and 2s. to the trade—the dark one with red wheels is worth 2s.—we have got three of those back—most of those missed are the cheap article.
HENRY MASTERS . I live at 15, Broad Sun Street, Hatcham—I am errand boy to Paterson Edwards—I remember Mr. James Edwards packing toy mail-carts on a costermonger's barrow, and covering them over with a tarpaulin, to take to Houndsditch—on the way I went into Mr. Zimmerman's shop, leaving the barrow outside for two or three minutes—when I returned a man was shifting my barrow—I said, "Leave that barrow alone"—he said, "It will get smashed up; I'll put it further away, but where you can see it"—I went back to Zimmerman's, and on returning the barrow and man were not there—that was about five p.m.—the next day I saw my barrow at Arbour Lane Police-station, but neither the tarpaulin nor the contents.
GEORGE BELL (306 H). Early on December 10th I found a coster-monger' barrow in Exmouth Street, East-end, between 300 and 400 yards from Cotton Street—I took it to Arbour Square Police-station—Masters identified it.
GEORGE WILLIAM GIBBARD . I am manager to John Gibbard, boot manufacturer, Trafalgar Road, Old Kent Road—he has workshops in Aldgate Avenue—I had a box-truck, of which this is a sketch, for conveying boots from our factory to our branch works—on March 29th I sent our man, John Smith, to Aldgate Avenue, having seen it packed with 137 pairs of boots to be finished, and 144 pairs of bottom stuff and some materials to be made up—I locked up the box-truck; we keep a key at each place—I heard that something had happened to the truck, and went to Seething Lane Police-station the same day and gave information to the police—on April 2nd I went to a stable at 7, Cotton Street, with Detective Sergeant Crouch, where I saw the axle, wheels, springs, guard wheel, clips, and bolts and nuts, and the padlock and pieces of beading, which had formed part of the box-truck when it left the premises on March 29th—I opened the lock with the key at the Mansion House—I have the two keys now—on April 4th I was shown a bag of broken firewood, from which I picked several pieces of wood which had formed part of the truck—I can swear to it—the truck cost £22 to build for us in 1890—it was in capital condition; it had been done up—every line of
work sent out has a ticket with it—the portions of tickets found at Cotton Street, which were handed to me, were some of them—this is one of them, in my writing—it refers to some girls' brown boots in tan calf—we have not recovered any of the goods.
Cross-examined by MR. CHAMBERS. I manage the manufacturing for my father—we make them, from a child's at £1 a dozen, to men's at 25s. a pair—I know of no place where boots are made of old discarded boots; it is a fallacy—there is no such firm in Northampton—there is no firm which transfers old boots into new ones—there is a firm in the country who buy up old army boots, and repair them in such a way that they are put on the market, but not at £1 a dozen—the "translated" boots cannot be sold under 5s. a pair, nor produced under 4s. a pair—the meaning of "translating" is taking goods bought up by army contractors, and putting the good part of one boot to supply the defect of another, and so making a presentable boot.
JOHN SMITH . I am porter to Mr. John Gibbard, of 89, Old Kent Road—I remember taking the box-truck from Trafalgar Road towards Aidgate Avenue—when opposite the Three Lords in the Minories, somebody crossed the road and asked if I wanted to earn sixpence—I told him I could not very well, as I had my truck—I stood there a little while—he said he worked over at the Three Lords—"Might we pull the truck just outside, and I will mind it for you?"—he gave me two sixpences to get a portmanteau from the Three Lords to go to Mark Lane Station—I was away twenty minutes—when I got back there was no truck or man—I went to our foreman at Aldgate Avenue.
GEORGE PAXTON HANBURY . I am a clerk to the Midland Railway Company, Alder Street, City—I produce the advice note "U"—it was returned to me from Bradford; also the six consignment notes lettered from £1 to £6; also "T" and "W," and "V." (These were consignments to Craven or Archer at Milns' Hotel, James Street, Bradford, of hop tea and other goods; also many bills and documents relating to the transit of goods to Bradford.)
Cross-examined by MR. CHAMBERS. We send an invoice with the goods, but not our sheets, and the receiver or his representative signs the delivery-book produced with the goods.
WILLIAM FOULGER . I am clerk to the Great Eastern Railway Company at Bishopsgate Station. (The witness produced similar exhibits, including consignment notes from to "Smith," and of hers to "Archer," "Van Pra," and others at Bradford and abroad, some of which referred to similar goods to those referred to.)
HKNRY WARMBY . I am manager to the Mile End Branch of the London and South-Western Bank, Limited, where Hartley kept an account—I became acquainted with his signature when he signed our signature-book in the usual way—judging by the figures and the writing this is the remainder of his cheque-book—the counterfoils are partly his writing—the letters produced, marked "G1" to "G11" and "B," are Hartley's writing, also the labels "H1" to "H7," and "N1" and "N2." (The latter were found at Craven's place at Bradford.) "L1" to "L6" and "M1" to "M8" all resemble his writing—Hartley's account was closed on April 9th by drawing out £29 4s. 10d. in cash—he had drawn on April 6th £300 in gold—the year's turnover was about £1,200.
Cross-examined by MR. GEOGHEGAN. I have seen Hartley write his signature—I base my opinion simply upon that—I saw a number of documents at the Police-court in Hartley's writing, more than I have seen to-day—he had very little correspondence with the bank.
GEORGE SMITH INGLIS . I have had handed to me, for the purpose of comparison, the documents referred to, purporting to have been written by Hartley; also the counterfoils—I have examined them, and say they are all written by the same hand—there is more carelessness in his ordi-nary documents than in his counterfoils—they appear to have been written in a hurry—I have also examined the documents purported to have been written by Craven, and compared them with the signatures on "P" and "Q"—they are written by the same person who wrote the refusal to accept the goods at the bottom of the consignment note "U."
Cross-examined by MR. GROGHEGAN. I was not called at the Police-court—I was first consulted on the Friday before the 22nd, the date of my report—I had the papers with me about two or three days—I cannot say whether I was shown cheques with signatures—the writing is not disguised.
WILLIAM KNIGHT . I am a carman employed by the Great Eastern Railway Company—one day near the end of February I was at dinner at a coffee-house in Sidney Street—I left my van-boy, Hand, outside—he came in and told me something—I went out and saw Morgan for the first time—he asked me to take some goods for him—I said, "Yes"—he told me to follow him, and I followed with the van to Jubilee Street, Mile End, and to a second-hand shop, where there were umbrellas, boots, clothes, furniture, and all sorts—I received some bales or cases—he handed me a filled-up consignment note, and I signed it, and took the goods away to the depot to be forwarded—a fortnight after the same thing occurred at the same coffee-shop, and Morgan took me to the "Dairy shop, which is at the corner of Oxford Street and Sidney Street, Stepney, the door being in Oxford Street—I went with Morgan in at some gates, through a yard, and into a shed—Morgan helped me out with a case or bale, and put it in the van—he gave me the consignment note there—I had so many goods I cannot remember where they were sent, but I only collected for Bradford or Amsterdam from Morgan—two or three days or a week afterwards I met him again—he took me to Cotton Street—that was about March—I collected a case and a bale, and one time a bicycle, and once a truck—I collected for him about a dozen times from Cotton Street, the last time being about March 30th—on two occasions I saw Hartley at Cotton Street—Morgan called him the "governor—I did not learn his name till April 3rd, when Morgan was arrested—I went with the police to 21, Sydney Square, Stepney—Hartley came up while we were standing there—I told the police, in Hartley's hearing, that I had known Hartley as the governor—I never saw a Mr. Smith there, only those two.
Cross-examined by MR. GEOGHEGAN. Morgan opened the gates and directed me, not Hartley—Hartley could hear what I said to the police—the room was two rooms thrown into one, and was about as big as from here to the end of the jury-box.
at Cotton Street twice—he watched us put the goods on the van—Morgan was there—I have seen him twenty to twenty-four times at Cotton Street, Jubilee Street, and while we were at dinner, when he came to ask us to take goods—I helped to put the goods on.
HARRY EAKINS . I live at 69, Pelham Street, Mile End—I am a carman employed by the Midland Railway Company—I had collected goods from 21, Sydney Square, and 228, St. George's Street—I was stopped with my van and ordered to go there—I have seen Hartley at Sydney Square, when I had collected all sorts of things, for twelve months past, to be conveyed by railway—I only noticed to see that I had the right number—I was stopped and asked, and went to Cotton Street once—when the door was opened, I saw five or six men doing one thing and another—the stable door opened on to the pavement—the men seemed to be in a hurry to get the goods ready to go away—they were described as trunks on the consignment note, £3—I scratched out "Great Eastern "and put "Midland"—I put "No. 10" on it because they told me that was the number—the goods were "Carriage forward" and not "Carriage paid," or else one of them would have to go to the station to get the weight—I took them away with the truck.
Cross-examined by MR. GEOGHKGAN. The only goods I took from Hartley were from 21, Sydney Square—I have not been asked about Cotton Street since I gave my evidence at the Police-court—I only take goods for the Midland Railway in my district when I am asked to take them.
THOMAS JAMES LARTER . I am a mantle-maker, of 224, Graham Road, Hackney—on March 25th I packed forty-five mantles of cloth and plush in a large hamper, which I had placed on a hired costermonger's barrow, covered with a table-cloth and tied to the barrow—I gave it in charge of the boy, John Hutton, with directions to take it to Messrs. Cook and Lawrence, 14, Knightrider Street—he left my premises about 2.20—it came to my knowledge afterwards that the goods had been stolen—the value of the contents of the hamper was £25—the next morning I went with Austin to Limehouse Police-station, in reply to a telegram to fetch the barrow, and I recovered the barrow, which I identified—I know this is the hamper (produced), because of the way I repaired it.
Cross-examined by MR. CHAMBERS. There are thousands like it, but there is a stair-rod driven into the wood-work in a way that it cannot be got out without destroying the lid—that is my work—usually there is an ron bar.
JOHN HAYDON . I live at 70, Bellshaw Street, Homerton—I am fifteen years old—on March 25th I was employed by Mr. Larter to take a barrow and basket to 14, Knightrider Street—going through Goldsmith Row in the Hackney Road, a boy came and said, "Would you go and get me a ladder, and I will give you a shilling?"—I did not get the ladder—I was away three minutes—when I came back the hamper, barrow, and lad were not there.
December 1st Morgan and a friend of his came to me and asked me, and I showed them over the stable that was then to let, and referred them to the owner—I had the key to let in the man to do the whitewashing—Morgan said his governor was a general dealer, and they wanted it for a storehouse, because I asked whether they wanted it for a horse or a donkey, and they said, "No"—I afterwards learned the stables were taken at 6s. a week—Morgan paid me the rent up to March 7th, except one week, which the agent received on the premises—Mr. Grey called at my place for the rent—Morgan was on the premises nearly every day—I asked him what his governor's name was, and he said, "William Smith," whose address was given as 32, Percival Street—Smith made me the last two payments—they usually paid two weeks together—William Smith was not anyone I see here.
Cross-examined by MR. GEOGHEGAN. The man who came with Morgan was not the man who paid the two weeks' rent—I did not see Morgan there—I saw him pass the place, going there—I never saw Hartley—I never saw goods arrive—I could not see the premises from my place.
WILLIAM ISAACS . I am a clicker, of 18, Cotton Street—the first-floor window of the room I occupy is directly opposite the stables at 7, Cotton Street—I have been in ill-health, and have spent a good deal of my time looking out of the window—in February I noticed a small van taking away parcels—in consequence of what I saw I made notes on this calendar produced—on March 25th I have "Ten trunks Midland Railway," and the number of the wagon—I saw them arrive, and I saw them go away—when they arrived two lads were wheeling the barrow, and a young man was walking on the pavement—the trunks were not covered when they arrived—when they went away they were covered with sacking—on March 29th I saw a covered-in truck, like this sketch (produced), wheeled by two lads, and a man walking on the pavement—I saw it go into the stable—Morgan was there; I saw him often—after the gate was closed I heard loud knocking, as if they were breaking up the truck, for about half an hour—during that time a policeman came along, when a young man walked up to the gate and stooped, as though he was tying his shoe, and the hammering ceased till after the policeman had passed behind the boy, when the knocking recommenced—I saw Morgan come out, wiping his face with his handkerchief, and somebody went for some bread and cheese and beer—I saw Morgan bring out a long sack of what seemed to be fire-wood and go towards Sydney Square, on that or the next day—Morgan was there two or three times a day—he used to go in with a key, and come out; there might be a day between when he did not come—Good came in and went away an hour before I put it on this calendar—I have not seen all, but I have put it down once or twice a week—goods mostly came to day and went away to-morrow—I never saw goods arrive without Morgan being there—I have seen Hartley help twice to put things in the van—I have often seen him there—I identified Hartley at 21, Sydney Square, on April 3rd—I did not recognise Morgan, because he had his hair cut close, shaved his moustache off, had the light coat on he has on now, and he sat on the corner of a couch, and bloated his face out—there were goods at the stable when I saw Hartley—he came before goods arrived, and after they had gone away.
Cross-examined by MR. GEOGHEGAN. I had not been watching the
shed five years—I said before the Magistrate, "I had known the place five years, because I had lived opposite five years"—I did not speak to the police about it till they took possession—I live with my married daughter—we often discussed what had taken place at the stables—her mother and I had both been ill—people live downstairs—I never said a word to them about this matter—I know one of the police, and he said, "They have been a rum lot," and I made a clean breast of the matter.
Cross-examined by MR. CHAMBERS. I have only been an amateur detective since I have been taken ill—I do not read detective stories—I am not a good scholar, but I read them—I should know the trunks if I saw them—they had a kind of light band, of either leather or wood, and were of middling size, with big brass nails—they came in about midday—all their doings looked suspicious.
ISABELLA JACKSON . I am the wife of Edward Foster Jackson, and the daughter of William Isaacs—I was living with and nursing my father at 18, Cotton Street, during his illness—his window overlooks the stable opposite—I have seen Hartley there quite two dozen times at different hours—also goods on barrows go in, and goods sent out on vans—he came shortly after the goods came or went away—the first time I saw him was about the middle of January, between 10.20 and 10.30 p.m.—I heard a van being backed, and looked through the window—I saw Hartley at the horse's head, backing the horse in—there was a light in the stable, and I saw all over the stable, but I saw no other man there—Morgan was there most days—I saw the box-cart go in on March 29th—I afterwards heard the breaking up of wood—I saw the boy make the signal, and Morgan came out, and they got some cheese and beer—the next day I saw Morgan with a sack of firewood on his back, which dragged along as he went.
Cross-examined by MR. GEOGHEGAN. I am not with my husband—I know the people in the house, and the neighbours on one side, not the other—I never mentioned it to the people downstairs—on one occasion the people next door made inquiries as to the people opposite—my father was ill, and sometimes not up—I never spoke to a policeman about it—my father has been in the house five years—I saw a tall man like Hartley there—I am not sure about his moustache.
Cross-examined by MR. CHAMBERS. I saw the trunks go in—I said before the Magistrate I thought they were trunks, but they may have been some other goods—that must have been when they were packed, and coming out the following day—they were then done up in a kind of canvas—when they went in they were black with fawn leather binding.
ARTHUR HALEY (Cross-examined by MR. CHAMBERS). I am an auctioneer at Westgate, Bradford—I have been in the trade about twenty years—I have known Craven, who is also an auctioneer, about eighteen months—he has not a proper sales-room; I believe he sells in the market—he is what is called a "Cheap Jack"—I have only had one dealing with him—I have never known anything against him—there is nothing un-usual in his trade of selling bankrupts' or cleared stocks—I do not know him personally; I have heard he is a married man with children.
DAVID GREENWOOD . I am a clerk in the goods department of the Midland Railway at Bradford—I saw Craven write on the consignment "U," "I refuse to accept these goods"—that was between two and three p.m.,
and in our store-room at the goods depot at the Midland Railway Station at Bradford—he erased the "S. Craven "by putting his pen through it—I said, "If you wish to sign for Archer, you must sign 'per Archer' or as Craven"—Inspector Abbott, of the Bradford Police, was present.
Cross-examined by MR. CHAMBERS. I told him I was dealing with Mr. Archer, and that he had signed "S. Craven"—the goods were directed to Archer—then he wrote "per pro Archer, S. Craven"—I did not know he was Craven.
WILLIAM MILNES . I am the proprietor of Milnes' Temperance Hotel, 30, James Street, Bradford—I have known Craven from a child—he has had a lock-up shop at the back of mine in Duckett Lane for about eighteen months, with his name up, and occupation—for twelve years I have taken in letters and parcels for him—about Christmas time letters and parcels arrived for Archer, which we handed to Craven, or left in the hotel rack—with regard to one letter, he said, "This would be for me"—I said, "Are you Archer?"—he said, "It will be right; there will be some goods coming in this name, and you can take them in"—I thought he was one of the Leeds family of that name, and asked no further questions—some goods came for Archer before I was up, but the Missis refused to take them in, because we had no room—they came from the Midland Railway.
Cross-examined by MR. CHAMBERS. We had seven bedrooms—I get a variety of letters for people in the hotel, and for people working in the market, and not staying in the hotel—I merely inquire if there is any name of that sort in the house—he has a private house at St. Leonard's Place, Bradford—he lives with his 'wife and three children about a mile and a-half from Duckett Lane—his name is over his shop and the passage leading to it and on the window sill—Duckett Lane is a narrow lane at the back of my premises—there is a way to it through the hotel—I have always found him honest and straightforward; he bears a good character—I know his father as an auctioneer and dealer in watches and jewellery, and selling in the market.
Re-examined The right of way was stopped about three months ago—there is a letter-box at his shop—letters came for Craven and Archer by the same post, and a parcel in the name of Brown.
ALBERT SIMMONS . I have lived at 10, Cotton Street, for five years—no person named Smith has lived in that house for the last ten months—I have not seen nor known of any goods being consigned from it in the name of W. Smith.
Cross-examined by MR. CHAMBERS. They are private residences—there is a stable at No. 6—there are three families at No. 10.
JAMES HOOPER . I now reside at 29, Jupp Road, Bradford, but formerly at 73, Skidraore Street, Mile End, for six or seven months—I left on the Thursday previous to Inspector Abbott's visit, at the end of April or the beginning of May—I knew no person named W. Brown at 73, Skid more Street—I only knew my lodger, Mr. Cohen, a cigar-maker—I never consigned any goods to Archer or Craven, Bradford.
Cross-examined by MR. CHAMBERS. I also had a woman lodging there, who was a rag-sorter—I do not know who lived there before me.
are eight rooms—I called each month for the rent—I saw Hartley, not Morgan.
GEORGE COOK (City Police Inspector). I was in charge of Seething Lane Police-station on April 3rd, when Hartley and Morgan were brought in in custody—I took the charge; they both gave the address, 21, Sidney Square, Mile End.
HENRY RICHARDSON (Detective, H). On April 1st I received information, and went to the stable adjoining No. 7, Cotton Street—I found the door open, and a constable in charge—I searched the premises, and found a pair of wheels and an axle of a box, and some toy mail-carts—in consequence of what I found I communicated with the City Police—on April 2nd I met Sergeant Crouch and Mr. Gibbard, and a thorough search was made of the premises—I found this padlock, locked—it was shown to Mr. Gibbard—I have known Hartley about eight years, and Morgan for about two years—I have frequently seen them together in the neighbourhood of Stepney—I was at 21, Sidney Square, on April 3rd, after the arrest.
Cross-examined by MR. GEOGHEGAN. Cotton Street is in my division—Inspector Knight is my superior—I reported to him that the stable had been found open—I have heard no report of a derelict truck being found within 300 yards of 7, Cotton Street.
Re-examined. I am attached to Arbour Square Police-station—if the truck had been found by the police it would have been reported there—a private individual might go elsewhere—a policeman would take it, or accompany someone who took it, to the station.
THOMAS ABBOTT (Inspector, City Police). I am in charge of this case—I have made inquiries at 220, St. George's Street, East—it is occupied by James Morris—outside the Mansion House I said to Hartley, "I have seen your mother at 220, St. George's Street; I do not know at present whether we shall call her as a witness or not"—he said, "I hope you won't"—the mother is the wife of James Morris.
JESSE CROUCH (City Detective Sergeant). On April 3rd I was in Sidney Square, Mile End, with Detective Humphreys, and the witnesses Hand and Knight—I told Morgan we were police officers, and should charge him with stealing 137 pairs of boots and a box-truck on March 29th last—he said, "I know nothing about any boots; my name is not Ted Hartley"—Hartley's name had not then been mentioned—Morgan was detained—I then went to No. 21—whilst making inquiries Hartley came up—I told him we were police officers, and he would be charged with being concerned with Morgan (at the same time pointing to Morgan) in stealing and receiving a box-truck and 137 pairs of women's and children's boots on March 29th—he said, "I know nothing about any boots; I am a fancy job and stock buyer"—immediately afterwards the witnesses Isaacs and Jackson arrived—Isaacs pointed to Jackson, saying, "That is the governor," and, pointing to the others, he said, "That is the carman, and that is the carman's boy"—Mrs. Jackson came in, and did exactly the same thing—I made notes immediately afterwards of this and other conversations, but I have committed them to memory—the prisoners were taken to the station, leaving a constable in charge of the house—they were charged at the station—they said they knew nothing about it—on being searched Morgan took this bunch of keys from his right-hand trousers pocket., and said, "These are not
mine, they are the governor's,"pointing to Hartley—they were detained—the same evening I went to 21, Sidney Square with Humphreys, and saw Richardson—we entered the house, and made a search—we found at 21, Sidney Square, Commercial Road, E., and in a loft and stable ab the rear of 106, Oxford Street, Commerical Road, E., a hamper containing dog-whips, dog-collars, and toy-reins (200 pieces in all); box containing 100 tin-boxes of colours, twenty-two toy-pistols and ten boxes of dominoes, three boxes of toy-colours, twenty-two hair-pin boxes (empty), fifteen lady's leather hand-bags, two lady's leather dressing-cases and fittings, box containing magic-lantern and accessories, basket containing toy and miscellaneous articles, brown leather hand-bag containing thirty-seven pieces of cutlery, four clocks, five hair-brushes, one barometer, and 115 white silk handkerchiefs; hamper containing twenty-five horse-bits, two pairs of spurs, four stable-brushes, one pair of horse-clips, and two carriage-lamps; brown leather kit-bag containing 194 silk handkerchiefs and twenty-nine wraps; hamper containing cardboard models, hamper containing a quantity of tarpaulins and sacks, cardboard box containing cups, saucers and curios; sack of wood, three pieces of Italian cloth and one piece of dress material, six crumb-trays and brushes, eighty-eight metal waiters, small quantity of tea, and a rubber-tyred hand trolley—the things found were new—Hartley and Morgan were brought before the Magistrate at the Mansion House on April 5th—formal evidence was given, and a remand granted by the Lord Mayor till the following Monday—I was present—Hartley was admitted to bail—Morgan was in custody—there was another remand to April 12th—Hartley was not then admitted to bail—I left the Mansion House on April 5th before the bail was entertained, and, in consequence of information, I went to Bradford—the first day Craven was said to be out of Bradford—on April 6th a search-warrant was granted, and I searched the premises in Duckett Lane, in the presence of Mrs. Craven—I found eleven packets of hop tea, and closed the place—on April 7th I found the premises open, and Craven there, with Inspector Abbey, of the Bradford Police—I told him we were police officers, and asked him to account for the possession of the hop tea and the goods in the store-room—he said he had received them from Ted Hartley—I asked him if he had got any receipts for them—he said, "No"—I accompanied him to his private address, at 200, St. Leonard's Road, Ellerton, Bradford, where he handed me these eleven letters—I then returned with Abbey to Duckett Lane, and, from what Abbey told me, we went to the Midland Goods Station at Bradford after we had searched the premises, and found fifty-three pairs of boots, twenty-eight ladies' jackets, a cape, a costume, fancy figured lace, cloth gaiters, jacket material, shirts, tea, twenty-seven rolls of tape binding, three boxes of fancy soap, one case of rose champagne, a quantity of fancy trimmings, five hampers in which goods were packed—Craven and Constable Green went with Abbey and me to the railway station—I told Craven Hartley was in custody—at the station we asked that we might see the contents of five cases of wine, and one large case of clothing, and a bale, which contained two rolls of cloth—these were opened in the presence of Craven, myself, Abbey, and Green, and one or two railway officials—they were all addressed and labelled to Archer, Milnes' Temperance Hotel, Bradford—the five cases contained
sparkling hock and Muscatel, the large case a quantity of shirting, cut out and ready for making up—Craven said he refused to accept those goods, not having ordered the same—I wrote on one of Craven's invoice forms that he must be at the Mansion House Police-court on March 12th, which should have been April—I saw him at the Mansion House on April 12th, where a warrant was handed to me, and I apprehended him on it—formal evidence was given, and there was a remand—he was searched, and memorandum was found on him with this endorsed on it: "The reason for being culled Archer was that I thought he was going to fail. I never saw Cotton Street. Sam was not in Bradford when the goods came, nor in London when they were sent. 7 and 8 Geo. IV., chap. 39, sec. 54. Send Morris Station, Whitechapel, seven o'clock." (The marginal note of the section referred to is: "Where the original offence is felony, the receivers of stolen property may be tried either as accessories after the fact or for a substantive felony.") I also found this letter: "21, Sidney Square, Stepney. Dear Sam,—Have sent a quantity of cutlery, say £10 the lot. I am going to send you some parcels from Smith, and as I do not want him to know your address, as the goods will go away from his place in Cotton Street, I have sent them in the name of Archer to Milnes; so anything that comes in that name Accept, and settle with me.—Yours faithfully, TED "; and other documents, including several auctioneer's licences for different years and different places.
Cross-examined by MR. GEOGHEGAN. I have no witness here from Oxford Street—none of these keys found on Morgan fit 7, Cotton Street—before the prisoners were taken Mrs. Jackson gave me a description of several men, including a tall dark man, with a slight moustache—the description was circulated without effect—I do not know who William Smith was—a good many of the goods are produced, which have been in possession of the police since April 3rd—a robbery or a find of stolen goods is reported to every station within fifteen miles of Charing Cross; beyond that the county police deal with it.
Cross-examined by MR. CHAMBERS. I heard from Craven's wife that he was at Rotherham when I first visited his premises—she said she would write to him—I did not hear him say he had heard from his wife—there was a conversation between Abbey and Craven, who appeared downcast—he said the receipts were at his private house, where he produced some from different vases; they were not concealed—I told him to produce all he could find—he brought some to London—I have made inquiries—I cannot fix him with guilt with regard to all the property found—I never saw such various goods sold before by any auctioneer in the open—I have been in the force over thirteen years. (The witness identified the remnants of the trolley, etc., found at Sidney Square.)
EDWARD HOPLEY ABBEY . I am an inspector of the Bradford Borough Police—on April 6th Crouch and I made inquiries at Bradford for Craven—we were informed that he was away, and a search warrant was applied for, and executed that day in Mrs. Craven's presence—we found eleven packets of hop-tea, which Crouch took possession of—the next morning, about ten, I went again to Duckett Lane—I told Craven we had a search-warrant, and had been searching the night previous in the presence of his wife, and had found eleven packets of hop-tea, which Crouch had, and Crouch told him that Hartley was in custody and
asked him how he accounted for the possession of the tea and a lot of stuff that was on the premises—he said he got it from Ted Hartley—he was asked to produce receipts—he opened the safe, and produced receipts, which did not refer to anything we were inquiring about, but jewellery, which we did not take possession of—I remained at Duckett Lane while Crouch and another officer went with Craven to his residence—on their return I told Craven there were goods at the railway station for him, and requested him to accompany us there to look at them—we all four went to the station, and the goods were opened in his presence—he said he had not ordered them, and should not accept them—I said, "You have been in the habit of taking goods consigned to you in the name of Archer"—he said, "I have not ordered these goods, and I don't take them"—one of the officials said he should assign some reason for not taking the goods, and he wrote on a note in my presence.
Cross-examined by MR. CHAMBERS. I have been at Bradford twenty-four years—I have known Craven since he was a boy, with the exception of missing him for a few years—he is a native of Bradford—he sold in the market—we never had him in custody, but he made a bad impression on the police by his manner when selling his goods—offering a watch for sale, he would say, "I have got this from someone who does not work for a living; they are down at nights, when you are in bed"—that is the only thing—from thirty to a hundred people would be present—I was present, and other officers, but I have not noticed constables in uniform—when he looked for receipts, and produced some, I did not hear him say, "They are not here."
HENRY RICHARDS (Re-examined by MR. GEOGHEGAN). I said before the Magistrate that I knew Hartley kept a stall' in Middlesex Street, where he sold fancy goods—I went to the owner of the shed, but he did not mention William Smith. (The witness, in his deposition, stated; " I believe he said William Smith had occupied the premises about three months; he gave me the address of Smith, and said he paid 6s. a week for the shed.") I got that from the toy foreman.
Craven received a good character.
NOT GUILTY .— He was further charged on four indictments for felony, and one for misdemeanour, on which no evidence was offered.— NOT GUILTY .
HARTLEY and MORGAN GUILTY .—They were stated to have been associated as principals in similar frauds.— Seven Years' Penal Servitude each.
NEW COURT.—Thursday, May 27th, 1897.
Before Mr. Recorder.
She received an excellent character.— Discharged on Recognizances.
CORNELIUS CRAWLEY . I am a coal dealer, of 16, Davidson Street, Stepney—I had a light coal van which I let out to Mills in March—he had an accident with it, and left it at the Great Eastern Railway Depôt—I saw it safe about the middle of March, after the accident—on March 29th I received information, and found it had disappeared—I did not see it again till April 22nd, when I went with the police to Leach's yard—I knew Smith four or five years ago—I did not give him authority to take the van away from the depot and take it to Leach; I had not spoken to him.
Cross-examined. A man came to me, but I do not know whether you sent him; I did not know his name was Martin—he said, "Have you lost a van?"—I said, "Yes"—he said, "I can tell you where it is, but I shall want a bit of gold"—I said, "If I receive the van I will give you a bit of gold"—he said, "Will you give me a promise not to prosecute the man who stole it?"—I parleyed a bit; he went away for some time; he then returned and said, "Give me a shilling"—I did so, and I got the van.
HENRY SAUNDERS (G. E. R. Constable). I am stationed at Devonshire Street Goods Station—on March 27th I saw the prisoner taking Mr. Crawly's van out; it was a three-wheeled van—I asked him whose van it was—he said Crawley's, and that he was going to take it to be repaired—I have no doubt that the prisoner is the man—I saw him afterwards with a number of people; I picked him out.
GEORGE BROWN (Police Sergeant). On May 20th Saunders pointed the prisoner out to me, working in Bow Road—I told him I should take him for stealing a four-wheeled van—he said, "I know nothing about a van"—I took him to the station and charged him; he made no reply.
Prisoner's Defence: At the beginning of March I was in Mile End Road, and Thomas Mills, a contractor, took me into the Black Boy, and gave me a pint of ale. He said, "I want you to take a van to Marshall's; it has only got three wheels; you will have to get a wheel put on it before you can take it."My brother said, "Go and do the best you can," and I went and sold it to Leach for 35s.
THOMAS MILLS . I am a van contractor, of 27, Lock Street, Stepney—I hired a van from Mr. Crawley, and while I had it an accident occurred, and one of the hind wheels was broken off—I left it at the Great Eastern Railway Depot, and told Mr. Crawley it was there—I watched it for three weeks.
Cross-examined. I did not come back last Tuesday week, and call you off the job; I have not seen you for eight months.
GUILTY .— Eight Months' Hard Labour.
413. RICHARD CHARLES LEACH PLEADED GUILTY to two indictments for feloniously, receiving paint-brushes, and other articles of the Great Eastern Railway Company, and suits of clothes and boots of the Guardians of the "West Ham Union: having been convicted at Clerkenwell on June 20th, 1887. The Police stated that he had been receiving stolen property for the last twenty years, and was the associate of burglars and horse thieves.— Five Years' Penal Servitude.
OLD COURT.—Monday, May 31st, Tuesday and Wednesday, June 1st and 2nd, 1897.
Before Mr. Justice Grantham.
MESSRS. C. F. GILL, HORACE AVORY, and A. GILL Prosecuted; and MR. ROBSON, Q.C., and MR. MUIR Defended.
HARRY SCOTT . I am a clerk in the Central Office of the Supreme Court—I produce the documents filed there; the writ, endorsed "The plaintiff claims damages for libel"; the transfers, an injunction to restrain the defendant from publishing in the South African Critic of April 24th, 1896, certain false statements concerning the plaintiff; also a certificate of Captain Alexander Charles Kennedy, of April 25th, and the Affidavit which bears the order of the learned Judge in Chambers, granting an interim injunction until the summons is returnable—I also produce a summons for an interim injunction, dated April 25th—the order for an injunction is entered by the Judge on May 1st, 1896—on the same day there is a duplicate order, declaring the injunction to be continued during the hearing of the action—I also produce a further affidavit of Captain Kennedy on May 14th, on a motion to commit Mr. Hess, and an order for the examination of Mr. H. A. Ward on November 3rd; also a deposition of his taken in the action; also an order of March 20th, 1897, dismissing the action, unless the defendant files answers to certain interrogatories—the effect of that was that the action was dismissed on March 27th.
MARSHALL SHEPHERD . I am a clerk in the employment of Messrs. Lewis and Lewis, who were solictors for Mr. Hess and other defendants in the action—I produce the order for the interim injunction, the particulars of defence in the action, and the interrogatories; I also identify the pleadings in the action—the date of the interrogatories is March 1st—they were not answered.
ARTHUR WESTBROOK . I am a solicitor and a Commissioner for Oaths, of Bell Yard, Fleet Street—this affidavit, No. 1, was sworn before me on April 25th, 1896—the name of Mr. Savidge is on the back of it as the solicitor—the person making the affidavit signed it "A. C. Kennedy"—I do not recollect the individual.
ALEXANDER RIDGWAY . I am a public notary, of 2, Pope's Head Alley—I have known the prisoner for some years; I knew him generally as Hill—I have known him as Hill Kennedy; I think first at the end of 1895—I know his handwriting—the signature to this affidavit appears to be his handwriting—I saw him about December 27th, 1895—he brought this document (marked 11) to me to have a copy made of it; it is a licence to prospect in British Bechuanaland.
By the COURT. It is dated November, 1895, and is numbered 190—I made an accurate copy of it; it is exhibit No. 12—I copied it quite accurately; everything that was on it—I find on the back of No. 11 the word "Hutton"; I might not have made a copy of that—I don't think I did; it does not appear on my copy—after making the copy I handed the, original back to the prisoner—I see exhibit 13; the signature, "Alexander C. Kennedy,"I believe to be the prisoner's.
Cross-examined by MR. MUIR. I cannot say whether the word "Hutton "was at the back of the original—the original is recognised by the number, 190; other copies were made at the same time, I think two others, in the same handwriting. Affidavit read as follows;—
"I ALEXANDER CHARLES HILL-KENNEDY (formerly known as Alexander Charles Hill) of 19 Boliogbroke Road Kensington in the county of Middlesex retired Captain in Her Majesty's Army and now engaged as agent in England for the sale of African properties make oath and say as follows:—I am the plaintiff in this action. I have in the last eight years been four times out to South Africa prospecting and acting as the agent for purchase and sale of Gold Mining and other properties there and I am accordingly well-known in London amongst persons and companies who are in the habit of dealing in such properties. The defendant Henry Hess during the last twelve months has started a paper dealing with African business matters which he calls The African Critic and he is the proprietor editor and publisher of the said paper which is printed for him by the defendants R. O. Hearson Limited and has as I am informed at the present time a circulation of 7,000 copies a week or there-abouts the circulation being principally in the City of London and in South Africa in both of which places I am well-known and in the habit of transacting business. The said defendant Henry Hess has recently been attacking me in articles which he has inserted and published in the said paper and in the issues thereof of the 11th and 18th inst. he has repeated these attacks in such a way that they have been brought by my business friends in London to my attention and in particular about three days ago my attention was specially drawn by some business friends of mine to some libellous articles concerning me published in the issue of the said paper of Saturday the 18th April inst. The libels contained in said issue of which I complain appear on pages 482 489 and 490 thereof and I have marked the same in red ink for the purpose of identification. The statements on the said pages of the said issue are either wholly untrue or grossly misleading. The companies mentioned in the commencement of the said article on page 482 and therein stated to be swindles were not swindles and I was connected with them mainly as a paid agent and in one or two cases as managing director in South Africa. I have had nothing whatever to do with Hutton's Bechuanaland Gold Reefs Development Company Ld. referred to on pages 482 and 489 of the said issue nor have I had anything whatever to do with the promotion and formation of the the said company. I am not now and never have been promoter director or shareholder of or otherwise interested in the said company. I only some seven months ago acted while in South Africa as agent for the purpose of acquiring for the gentleman for whom I was dealing certain property on a commission which property I now understand he has sold to the said Hutton's Bechuanaland Gold Reefs Development Company Limited but with which sale I had nothing whatever to do. The words on page 482 of the said issue refer to me this deponent. The statement on page 482 that I have employed Messrs. Coghlan & Coghlan solicitors of Kimberley to commence proceedings on my behalf is absolutely untrue and the subsequent statements contained in the said paragraph are also absolutely untrue. The African Landed Estates Co. Ltd. also mentioned in the said paragraph was a respectably formed company and simply failed for want of capital the public not having subscribed to it. It was certainly in no sense whatever a swindle as mentioned in such article nor was I a prime mover although I certainly was a director. Referring to page 490 of the said issue the references therein to the Methuen Settlement are also untrue, a block of 8 farms was not granted to me by the Government but I and a Mr. Richardson jointly purchased and paid for such farms with our own money. They never were intended nor were they ever used for the said Methuen Settlement but were afterwards resold by my partner and myself and never formed part of the said Methuen Settlement. My position with the Methuen Settlement which was not a company but a philanthropic convention of gentlemen was that of paid agent in South Africa. I received my first six months' salary and nothing more. The suggestion in such article that I sent fraudulent cable messages as to finding of gold on the Hutton Farm is absolutely false. I was not there as an expert not being a mining engineer but Mr. St. Stephens mentioned in such article examined the property and he it was who asserted he found the gold and on whose and other experts' authority any messages which I may have sent were sent and since that date the existence of gold on that property has been amply proved as I have ascertained from assays made in Kimberley
by competent assayers of ore taken from the said property. I sent over no cables whatever except on the authority of Mr. St. Stephens mentioned in the said article and other experts. It is absolutely untrue to say that the ground was salted by me or so far as I know by any one else. I no doubt did say that there was gold upon the said property having myself seen it taken out from there by the said Mr. St. Stephens and I believe so still and I have within the last four months again seen it taken out from the said property. The British Bechuanaland Company never owned the property mentioned on page 490 of the said paper and it was not until they had failed to buy the property from me and had gone into liquidation that I mortgaged it and it was subsequently sold by the mortgagee but I do not know to whom. I say that the said article refers to me in several places as an adventurer a scoundrel a swindler who ought to be criminally tried at the Old Bailey for obtaining money under false pretences and I submit to this Honourable Court that such statements which I swear are wholly untrue are gross libels and ought to be restrained by the injunction of this Honourable Court. There are similar libellous statements concerning me in the issue of the said African Critic of the 11th of April contained on pages 454 455 and 456 of which statements I also complain and the truth of which I wholly deny. The said issues of the 11th and 18th April inst. are now produced and shown to me marked respectively "A" and "B." The said libels are doing me serious injury with my business connections in South Africa and in fact are utterly paralysing my operations in matters of business in which I am seeking my livelihood. I therefore ask this Honourable Court to grant an injunction that the defendants Henry Hess and R. O. Hearson Limited be restrained from printing publishing circulating selling or exporting any copies of the said paper containing any repetitions of the libels above mentioned or any similar libels affecting me.
"Sworn at No. 12 Bell-yard Fleet-street in the City of London this 25th day of April 1896.
"A. C. HILL KENNEDY."
PEREGRINE FRANCIS . lama solicitor and a Commissioner for Oaths, of 26, Austin Friars—this statutory declaration (13) was made before me on February 8th, 1896—the person who signed it made that declaration before me.
Cross-examined by MR. MUIR. I do not remember it—I can only say that the person who made the declaration signed it.
CHARLES HENRY GREGORY . I live at 36, Yaughan Road, Camberwell—in January, 1896, I was not in any employment—one day in January I remember going to the office of Mr. Herbert Palmer, a solicitor, at 28, Austin Friars—I saw this document, No. 37, executed—my signature was witnessed by G. P. C. Baxter; he also witnessed the signature of A. C Hill-Kennedy in the same office—the document is an indenture made on January 30th between Mr. Kennedy and myself, he being called the owner, and I the assignee—I did not know Mr. Kennedy; as far as I knew I had never seen him—I had not before that acquired any property in South Africa, or employed anybody to acquire any—the document states that Kennedy is the holder of two licences, Nos. 119 and 116, consisting of two farms, and that the rights under those licences were assigned to me—I did not know those farms, nor did I know of any service that I had rendered to Kennedy—I may have seen him, but I never knew who he was till the end of 1896—after I had executed the document I left the office—I had no reason for stopping; I left the licences there that day—this document, No. 28, is a memorandum of agreement between myself and Baxter; by this I sell the gold mining licences described in the schedule for £3,000 in cash and one-half of a company to be formed—I did not know Mr. Wright, Mr. Moore, or Mr. Ferguson—I executed the agreement—I heard later on that shares had been allotted to me; I could not say exactly when—I never got possession of them—I think I was to have 500 or 600 for signing this document—I see before me a transfer of
17,000 shares from myself to William Robert Archer, of School House, St. George's—I executed that transfer on May 27th, 1896—I executed it in blank—I got no consideration for that—I did not know the person to whom I made that transfer; I never saw him till I was at the Police-court—I did not know I was the holder of 67,000 shares till afterwards—I did not know how many shares were allotted to me—I believe there were three or four transfers signed in blank; I signed them—they were transfers of shares in Button's Gold Development Company.
Cross-examined by MR. ROBSON. It was Mr. Brown, I think, who introduced me to this business—there are two brothers; I cannot say which introduced me—I have known them two or three years, pretty well—Mr. Brown promised me some commission, or something, for the business—I thought I was conducting it for him in my name, as representative of the vendor—I did not know Captain Hill-Kennedy at all—I did not hear of him in the transaction as having any interest, only when he appeared on the transfer to me; he was the vendor; but I looked to Mr. Brown—I don't think any costs were mentioned in the initial stage, but afterwards—I presume Mr. Brown introduced me to Mr. Palmer when I came to make the transfer; I was taken to Mr. Palmer's office—I presume the transfer was made at Mr. Brown's request—he did not ask me to make any transfers—I took the two licences, the Sitlagoli and the Hutton's—I have as yet only parted with the Hutton's—it was suggested to me in the first instance that I was to represent the vendor; I assumed that I was the vendor—I did not know Mr. Baxter—I had never spoken to Kennedy before this transaction.
Re-examined. I knew the two Browns well—I had never done business of this kind—I never had the original licence; I don't know where it is; I suppose it has lapsed by this time—I could not say if Brown or Baxter had it.
By the COURT. One of the Browns is an engineer, the other is a merchant—they asked me if I would do this for them, that was all—I was to have some consideration for the business.
GEORGE CHARLES BAXTER . I was clerk to Herbert Palmer, a solicitor, up to 1897—I have known the prisoner some time, calling there on business—I knew him by the name of Hill till, I think, the middle of last year, and since then as Hill-Kennedy—I do not know on what business he first came—I understood that it was his wife's name, and that he changed it for family reasons—he came to the office in connection with the African Landed Estate Company—he first came about seven years ago—I prepared this agreement, No. 37, in Mr. Palmer's office, and witnessed the prisoner's signature to it, and Mr. Gregory's—the next is No. 38, between Mr. Gregory and Charles Herbert Baxter; that is not mine—I have seen him once at his office in Bartholomew Lane; it is not a solicitor's office, I don't know what he is—by that agreement Mr. Gregory transferred to Mr. Baxter his interest in the company, so far as relates to the Button's Farm—I witnessed Mr. Gregory's signature to that agreement—I handed the documents, plans, and reports to Mr. Palmer—I saw this prospecting licence, No. 11, in the office; "Hutton" is written on the back of it, but I do not remember whether that was written when I saw it.
Cross-examined. Mr. Brown brought Gregory to the office, and I saw
him about it—Mr. Palmer gave me instructions to do what I did—the instructions to transfer to Mr. Charles Herbert Baxter came from Mr. Brown.
Re-examined. I do not know that I saw the prisoner during 1896.
FRANK HAMILTON HEPBURN . I live at 98, Tindal Road, Leyton, and am clerk to Messrs. Lucas and Ward—the firm consists of Mr. J. D. Ward and Mr. W. D. Ward—his son is a clerk in the office—the staff consists of Mr. W. F. Ward and myself—the address is 6, Eldon Street, and that is the address of the Period Syndicate—Mr. Ward is solicitor to the Bechuanaland Gold Mining Company; 6, Eldon Street, is the address of it—my brother, G. A. Ward, is secretary to the Button Gold Reef Company; he is not at Mr. Ward's also; he resigned; he went there regularly before he resigned—agreement No. 39 was executed by C. H. Baxter and myself—he is the vendor, and he sells me, free from encumbrance, the gold mining licence, described in the schedule as "to be formed in England"—I was a clerk at 10s. a week at that time; I was only a nominee of the 15,000 shares—I did not keep them long, I transferred them the same day for. the same consideration, with all the mineral and gold-reefing rights; I did that because the writing was there when I signed it—my principal put it in his own writing—I do not understand how it was that I had more to part with than I got, how I could give away in two or three lines more than I received; Mr. Ward called my attention to it—in agreement No. 41, between the Period Syndicate and the Hutton Company, I find that those words have also been added to the schedule which were in the last document—that is in Mr. Ward's writing; it purports to have been made on March 13th, and executed on April 16th—that was also prepared at the office of Lucas and Ward, as far as I know—I executed agreement No. 42 between the Period Syndicate and myself—that was also prepared at Lucas and Ward's, as was also No. 43, between the Hutton Company and the Period Syndicate; my brother has signed as secretary—I made this copy of the documents; there are some alterations in it in the writing of Mr. Ward, the solicitor.
By the COURT. I do not know what wages my brother got as secretary—I got nothing whatever for all those signatures.
Cross-examined by MR. ROBSON. I saw Captain Hill-Kennedy after he began his action against Mr. Hess; I believe he came to our office: besides that I have never seen him in my life—he did not come to the office and give me instructions—he is not a client of Mr. Ward—Mr. C. H. Baxter gave me instructions for all these transactions—I have seen Mr. Brown—I did not know what the timber rates and water rates on the farm were; it was nothing to me if an extra £1,000 was shoved into it; it is Mr. Wood's writing—I asked him if it was all right, and he said it was.
WALTER VINCENT WARD . I live at Nightingale Road, Clapton, and am a clerk in the office of Lucas and Ward—my father carries on the business at 6, Eldon Street, and the Bechuanaland Company's office is there—I have signed agreement No. 40 between Frank Hamilton Hepburn and the Period Syndicate as a witness to Mr. Hepburn's signature—I witnessed it as a clerk, and when I signed it again it was for myself as secretary; it may not have been signed the same day—I know Mr. C. H. Baxter's signature; he is a director of the syndicate; his signature on exhibit
38 is witnessed by my father; it is between Gregory and C. H. Baxter—Baxter is a director—I see Mr. Baxter's signature to No. 39, which is from the Period Syndicate to Hepburn—I signed as secretary of the Period—this is Mr. Baxter's signature to agreement No. 42, and I also find it on the file of the Hutton Company, and my own signature—I sent the letter of instruction as to the Period Syndicate—I wrote that as secretary, how the shares were to be allotted; it is in my father's writing, signed by me; it is addressed to the secretary—I made a true return on February 29th, 1896, of the shareholders, as secretary of the Period Syndicate; the total number at that time was seven; I returned the paid-up capital at £7—Mr. Timmins got any names he liked—Mr. McCarthy's name is not there—there were no more shareholders at that date—this one of March 27th purports to be a true account) of the shareholders at that date, and I took it to Somerset House as a truthful list, and it was so—there were, I think, no other shareholders, but you have to make the return within a month—Mr. Baxter's becoming a shareholder is not filed—Hepburn assigned Button's Farm as a nominee, and he was to receive the whole of the capital; he gave letters of nomination—you generally get a good man for a director—the directors employed me as secretary, Mr. Baxter and Mr. McCarthy; you may be a director without holding shares; I was appointed afterwards—it took up its abode at 6, Eldon Street, on March 25th, 1896—I do not receive any salary from my father; when I want any money I ask for it.
Cross-examined. I generally get it, and he keeps me—Mr. Ward and Mr. McCarthy asked me if I would act—Mr. Kennedy had nothing whatever to do with the syndicate—I did not know Captain Hill-Kennedy from Adam at that time, and I never heard of any shares been allotted to him; we never nominated any—we nominate certain gentlemen to whom the shares are allotted—my father drew this up; he did not nominate them; I did, and it was done at the board meeting—C. H. Gregory had 84,000 shares—that is how it works out—we bought their nominees, but they were only nominees; the property was introduced through Mr. Brown, and when we said, "Who else is there to buy of?" he said, "Gregory"—I do not know why the directors did it—I did not know that Gregory was buying from Kennedy—I did not see the transfer from Kennedy to Gregory—Gregory might have been a nominee, but I did not think so, we never saw him; Brown introduced him to us—it was Brown's profession to sell gold mines, or dust in gold mines, or both—he says, "Do you want a gold mine?"We say, "Yes,"and he introduces us to Mr. Gregory—I am not repeating an actual conversation, it is picturesque—he said something like that, but he did not say it to me; he said it to Mr. Baxter, I think.
Re-examined. Mr. Brown comes in and says, "Are you taking any gold mines to-day?" and we say, "Oh, where is it?" just as if you were buying a house—another thing is to inquire the title to it; in general you have a copy; where it is, and what it consists of, and copies of reports of well-known men or mining experts on the spot—Gregory told us, "All the mineral and mining rights, on land situate in Rhodesia"—that is not shown on the licence, but I did not see the licence—we decided to buy, and we had to inquire whether it was correct; he saw the licence, and if he saw any assignment; that might be made to Mr.
Gregory—my solicitor was my father; there was a licence, and he understood that legally Mr. Gregory might assign to us—my father is solicitor to the Period Syndicate; he saw the licence—I did not see the declaration he made that he had exercised the licence—I did not know what connections Kennedy had with the matter; we were buying from Gregory—I never saw the documents.
By the COURT. Mr. Baxter was one of our directors; I knew he was the nominee; he assigned to Hepburn, and Hepburn assigned to the Period—there was no profit—I trusted to my father to look to the licence, and he reported that it was correct—there was an assignment, and Ward went to the solicitor's office and saw that the licence was perfect, and took it to be legal, and said, "This is all correct."
GEORGE JOHN LYMAN . I am a clerk in the Registry of Joint Stock Companies at Somerset House—I produce the register of the Period Syndicate—it was registered on October 3rd—the office was at 6, Eldon Street—the person making the return was W. V. Ward—it is made up to March—there is only one agreement, and no articles of association—I produce the report of the Bechuanaland Company, registered on February 9th, 1896; the solicitors are Lucas and Ward, of 6, Eldon Street; the nominal capital is £30,000; the first office of the company is 69, Moorgate Street; Mr. Simpson is the secretary; the office then went to Copthall House, and then to Cheapside, and then to Basinghall Street, where they stay at present—agreement 43 is on the file, and I find a return of shareholders there, made on September 11th, 1896, by the secretary, Hepburn, and filed by Lucas and Ward—that shows that 225,000 shares were allotted—Charles Henry Gregory appears as holding 60,000 shares, and to have transferred 17,000; Mr. Ryan, 15,000; William Robert Archer, 2,000, and as having transferred 15,000; Henry Bren, 3,111; and Alexander Ross, 3,111—I find the name of Acker man as a share-holder.
WILLIAM ROBERT ARCHER . I am a solicitor's clerk—I was in the em-employment of Mr. Savidge, a solicitor, of 36, Gracechurch Street—he was acting as solicitor for Mr. Hess and Mr. W. H. Smith—I remember the writ being issued on April 24th, 1896—a clerk of Mr. Savidge, named Timmins, was attending to the action—application was made for an injunction—I remember the affidavit in support of the application being prepared, and its being read to Mr. Kennedy, and speaking to him with regard to it; Mr. Timmins, the managing clerk, read it to him—when he got to a certain part of it he stopped and said, "Do you think you can quite swear to that?"—I did not hear what part he stopped at, I was at the other end of the room at the time—the prisoner said, "Oh yes, it is all right; you leave that to me"—on April 25th I went with the prisoner to Mr. Weatbrook's office for the purpose of swearing the affidavit—I was afterwards present when the interim injunction was obtained on that affidavit, before Mr. Justice Day, I think—on May 29th I remember being called from the outer office into an office where Mr. Savidge and the prisoner were—I was then shown this transfer (exhibit 18)—Mr. Savidge said he would like me to execute a transfer for Captain Hill—I asked Mr. Savidge if that was all right, and on being told that it was perfectly straightforward, I executed it—I had been in Mr. Savidge's employ nearly two years, I think—I saw that my name here is, "William Robert Archer, of School House, St.
George's, Gentleman"—I was asked to put that in—I am not quite certain who asked me, but one or the other did—we were all three together—the address was my mother's address; I lived at home—I wrote that address myself, and the description "gentleman"—I suppose I knew that was not my proper description—I always put my usual description as "clerk"—I did not give it a thought; I was asked to do it, to give my description as "gentleman"—the transfer is from Charles Henry Gregory to me—I never heard of Charles Henry Gregory; I knew nothing of Button's Gold Field Development Company—I am twenty-three years of age—I was paid by Mr. Savidge £75 a year—I think Mr. Kennedy told me I should have to execute transfers as he required them—he gave me authority for executing the transfers—the document 36 was signed by the prisoner—I think I saw him sign it; it is dated May 8th, 1896: "I hereby authorise you to issue transfers,"and after that I did so, and I entered the number that I transferred on the memorandum—I executed the seven transfers there referred to—I see I transferred 5,000 to Ryan—I did not know who Ryan was; I never heard of him—altogether they amounted to 1,600—Ryan was one of the names given to me—the others were executed in blank—one of the transfers (exhibit 21) is from William Robert Archer to Ryan, of St. John Street, for 5,000 shares; exhibit 36 is a transfer to Mr. Ackerman of 500 shares—Mr. Savidge had some transfers—I could not say whether they were for Mr. Savidge or not; I know he was to have some—I think I saw some transfers in his possession—some were issued to Mr. Timmins, the clerk—I was to have some shares; I did not get any, because I held the whole number, and I could keep my number at the finish, not quite as I liked—on exhibit 36 the prisoner initialled the number of shares transferred; I did not know till recently that I was only to register the sums transferred—17,000 of Gregory's shares were transferred to me—I don't think the prisoner over explained to me how those shares were transferred to me—I went to the office of the company to get a certificate for those shares—I did not get it; I found that the offices were moved.
Cross-examined by MR. ROBSON. I did not read the prisoner's affidavit; I imagine Mr. Timmins did—I don't remember the part where Mr. Kennedy said he was acting on a commission—the authority for the transfer was given on June 8th; that was subsequent to the bringing out of the company, and subsequent to the affidavit, and subsequent to the present action against Mr. Hess—Timmins drafted the affidavit.
FREDERICK JOHN TIMMINS . I was clerk to Mr. Savidge, solicitor, acting for the prisoner—I have seen him at Mr. Savidge's office from time to time, for something like nine, or nearer ten years and a-half, perhaps—I remember the action being commenced against Mr. Hess and Messrs. W. H. Smith and Sons—I saw the prisoner in reference to that action, and the application made for an injunction to restrain publication of the paper—on the prisoner's instructions I prepared the affidavit that was used in that case—when I served the affidavit I went over it with the prisoner—I remember going through the fourth paragraph—I told him I thought it was too strong, and asked him if he could swear that—he said he could, that it was all right—I told him I could hardly realise that it was correct; my reason being, of course, I knew he had been connected with various companies, places, and individuals; and, of course,
the charge of salting was not novel—he said, "All right; you leave that to me"—I said, "If you can't erase that, you must take the blame, and not lay it on to me"—we arranged to meet him next morning, when I met him and went with him to the Commissioner, Mr. Westbrook, and he swore it; that was on the 25th—then the application was made, and the injunction was granted on the affidavit, and endorsed by order on the original affidavit—Messrs. W. H. Smith and Sons were not included in the notice; they had given an undertaking not to sell, the day before; they were written to in the first place; they were not served with the writ—Hearsons did not give any undertaking, and they were continued as defendants—after the injunction had been granted nothing took place until the trial of the action—on the 28th the summons was adjourned to May 5th; then application was made to continue the injunction till the hearing of the case—the same affidavit was used for every purpose; there was no fresh affidavit, and no further order—the second time the affidavit was used was on June 24th, when an order was made for Mr. Hess to pay the costs—I was not present at the hearing at Guildhall—on the action proceeding, an application was made by Mr. Hess to examine Mr. Ward on commission, but he happened to be then in this country, and he was examined—the prisoner was present at his examination; it was read over to him—I knew of the transfer of a large bulk of shares into the name of Archer, my fellow-clerk—I received a communication from the prisoner, brought by Mr. Ackerman—I subsequently saw the prisoner with regard to it, and I asked him why he could want such a share, because he wanted a transfer from me, for I had never heard of it before—the letter asked for a transfer of 500 shares—the prisoner asked me to get it for him from Archer—at that time Archer had left Mr. Savidge's employment—I either went to him or wrote to him for that purpose, and I got from him a transfer for the 500 shares for Mr. Ackerman—I saw some transfers of shares in the possession of Mr. Savidge—some hundred shares were transferred to me—the prisoner wanted transfers of the remaining shares from Archer—I left Mr. Savidge on January 7th this year—this is the letter Ackerman brought me (46)—on this is Ackerman's receipt for the 500 shares—No. 47 is in Mr. Kennedy's writing, it is dated November 27th, from Poole's Hotel, Cape Town; and another, dated November 30th, also from Poole's Hotel, Cape Town, both commencing "My dear Fitz."
Cross-examined by MR. ROBSON. I dictated the affidavit—the statement that he had seen gold taken out in four months, I think, is a mistake; I think it should be a "few" months; four months would not be right—I can't say that I asked him any question as to the number of months—I should not think the number of months important—I don't suggest that I had told Mr. Savidge that the four monthe was inaccurate—I took my instructions both from Mr. Savidge and the prisoner—I don't know that I took down the heads; I have not got them here, I wish I had—I don't know that Mr. Savidge had any shares at that time—if I had I should not have prepared the affidavit in that way—as far as I then knew, he had no shares at that time, or had anything to do with the Hutton Development Company—before I drafted the affidavit the prisoner told me he had been sent out by a gentleman to get properties on commission, and that he was a person of no means—Mr. Savidge acted
for the petitioning creditor in the bankruptcy proceedings—I did not suppose that the prisoner had gone out to Africa at his own expense, far from it; no doubt he had gone out at somebody else's expense—he would be entitled to the benefit of the expedition, subject to the payment of his commission, of course—I had no reason whatever to doubt the truth of his statement that he had gone out as an agent for somebody else, for the purpose of obtaining property in South Africa—the whole of it struck me as being a bit too strong—nothing struck me as strong in the paragraph about the agent—when I heard that Archer was holding shares as his nominee, I said,"How on earth, Captain, can you reconcile the statement in your own affidavit that you were not interested in the company, whereas you must have been?"—he said he had nothing whatever to do with the company; they were mere commissions given him by the gentleman mentioned in the affidavit, but he never said who the gentleman was—he said that he had been originally promised cash, but was obliged to take shares instead—I said it was very unfortunate he had done so—he said he had to take what he could get—the conversation was about June 24th, 1896, because I had been away, and I remember going back—Mr. Savidge was taking the case against Mr. Hess, and he naturally desired to have his costs in advance, and he got a small amount—there were afterwards interrogatories, the answers to which were settled and prepared—it was further delayed by the question of costs, and Captain Hill-Kennedy was still included.
Re-examined. I said that the statement that the company were swindlers was too strong—when Mr. St. Stephen told the story about the salting I was not present, but I have read the account of it—he never disclosed to me the name of the gentleman for whom he was acting as agent—if he conveyed anything to me, it was Button's Farm—it was not before Mr. Ward's examination—I knew what the company were acquiring—I thought it was the prospecting licence—he got £5 to commence the action with—I had no interest in it—he borrowed £25, but he only got £15—I have no knowledge from the prisoner that he had borrowed money from Mr. King—I have heard of Mr. King, but I do not know him.
CHARLES HARRY KING . I am a commission agent, of 30, Broad Street House; on April 24th, 1896, the prisoner came to my office; I think I met him outside—he asked me to get him some money—he mentioned £50 at first, then £25—he wanted it in an action against Mr. Hess for libel, statements which he said were untrue—there was one libel which I do not think did refer to him, and that was the one he was going particularly upon, but there was another he showed me in the African Critic— he suggested that I was to get the money from Major Aylmer—I went and saw Major Ayluier—he said that he would lend me the £25; he did not want to know what it was for, I could lend it if I liked—I asked him beforehand what the security would be—he said he would charge his interest in the Bechuanaland Gold Reef Development Company, and give me a charge on Messrs. Brown Brothers for it—the security was to be his first money and shares coming from Bechuanaland—I think it was to cover £100 altogether—he said it was coming to him in between three and six weeks—on that, Major Aylmer handed me a cheque for £25—on April 24th I
wrote a letter, saying, "Be here at ten to-morrow morning"—on April 27th I received the letter, saying, "I don't know whether I shall get into town till late; so post the letter.—KENNEDY"—that enclosed exhibit 24—I wrote to Messrs. Brown to give them notice of the charge, and received from them exhibit 6, acknowledging it, accepting the notice of charge, and agreeing to pay me from the first money received—after that, I had one or two interviews with Messrs. Brown—on Friday, May 22nd, the prisoner came to me, and wanted another £25 to get over the holidays with—I told him I could not give it to him; he said he would give me some shares as security—he said he would go to get his quota of shares—he took me to Brown's office, and I saw him receive thetransferof 17,000 shares—he made out a written charge, and dictated exhibit No. 7 to my typewriter, and when he brought it in he wrote on it, "To be held on agreement as security for the payment of £50 as now agreed to be due to you, or in default of payment of the said sums of £50 and £100 within six weeks from this date, I hereby agree and consent to your selling and realising sufficient of the said shares for payment of your claim as above"—"Limited" was put in by him—he signed the file copy, and I got it stamped—I will not swear that exhibit 18 is the transfer of the shares, but it is for 17,000 of the same numbers from Charles Henry Gregory to Archer—before I gave him any money he took away that transfer to get it certified by the secretary that the shares were in the hands of those people, because a transfer is of no use unless it is certified—he came back, and said that the secretary was gone, but he would let me have the transfer duly certified on Tuesday morning, Monday being Whit-Monday—I then gave him five cheques of £5 each, and told him I should not meet them unless I had the transfer—he did not bring or send the transfer on the Tuesday morning thouhh I wrote to him either on Sunday or Monday to remind him of it; I believe I came up on the Bank Holiday specially to do it—this is a copy of it: "Dr. Sir,—We just write to remind you to let us have the shares not later than twelve o'clock to-morrow.—Yours faithfully"—in consequence of his not sending the shares on Tuesday morning I allowed the cheques to be dishonoured, and on the Saturday a lady came to the office with two of them; they had been dishonoured—she had been to the bank, and the bank told her why—I wrote this letter to the prisoner on May 30th. (Giving an account of Mrs. Brown's visit.) Before writing that letter I had received this: "Dear King,—I did not get the certificates till seven o'clock, when, of course, nothing could be done. I must try and fix things this morning, but shall see you later. The return of the cheques plays the devil all over the shop"—he did not bring the transfer to me—he told us where the cheques were, and that we could have them back if we liked, if we would give up the charge—on July 3rd we wrote him this letter, a copy of which is in our letter-book—the reply to that was on July 8th: "Dear King,—If you drop Savidge a card, saying an hour when you will be in, he will send the cheques; or if you call, he will give them to you.—Yours, A. C. H. K. Why does Roskin write bosh? To H. King, Esq."—I wrote a good many subsequent letters to him, but never received the cheques or the charge—we repaid the £25 we got from the Major.
Cross-examined by MR. ROBSON. I have never been sued on the cheques—I had collected them all again—this letter stating, "I authorise Mr. John;
Brown to pay you," etc. correctly represents the facts—Mr. Brown gave me this receipt, and offered to give me some shares as security for the loan, and the other loan as well—that is the first security that referred to the shares; it was a charge on the shares coming to him until the shares could be got ready—that short description correctly described the arrangement then made, but when a man does not get money from a company he gets shares—he takes what he can get if he is a sensible man—he gave me the charge on the shares, they were both the same transaction—he told me he would go and get his quota of shares—I only had the certificate in my hand just to look at it; the prisoner handed it to me—I had nothing to do with Brown except to get my charge.
Re-examined. This appears to be a transfer of these very shares; there is a certification by the secretary, dated the 29th, when we got that we could sell the shares—there was another transfer with that; I don't know whose name it was in, because when I saw it the certificate stamp was on it—I knew it was not a bit of good without an open transfer—nothing was said about that because he knew it as well as I did—I cannot say what the name of the transferee was.
By the COURT. This was no good, and therefore the prisoner would hand him another transfer, but that would be no good without the certificate.
PATRICK JOHN QUINN . I am a clerk to Mr. Ryan, a solicitor, of Great James Street, Bedford Row—he had a clerk named Colleton, who had money which he wanted to invest—I was introduced to the prisoner by a Mr. Swallow, and the prisoner had an interview, with Mr. Ryan, at which he spoke of wanting to borrow £500—the first interview was May 28th, 1896—Mr. Ryan asked him whether he had ever been bankrupt; he said, "No, Bob, certainly not"—he offered as security for the money a transfer of shares in Mutton's Bechuanaland Gold Reefs Development Company, and also his own promissory note—he gave me the address of the company, and a letter to the secretary—I went there, and got a prospectus—a promissory note was taken from the prisoner, due on September 1st—on the day this interview took place £30 was advanced—that was a Saturday—exhibit 18 is the transfer for the shares—No. 19 is also a transfer handed to me, and part of that shows No. 8 of 5017—No. 21 is a third transfer of those shares—exhibit 34 shows the way in which the different sums were advanced to the prisoner—I took his receipt on July 13th, 1896, but May 28th should have been May 30th. (Reading the dates of the different advances of money..)
JOHN ACKERMAN . I am secretary at Bartholomew House, City—I have known the prisoner for some years as Captain Hill—some years before April, 1896, I lent him some money, and in 1896 I applied to him for payment; he did not give me a security; he gave me this letter of December 14th, 1896, addressed to Mr. Timmins: "Dear Mr. Timmins,—Please give the bearer, my friend Mr. Ackerman, the transfer for 500 shares, as fixed the other day; no doubt you have it now. I will be round to-morrow.—A. C. H. KENNEDY"—I took that to Mr. Timmins, and received transfer No. 35 of 500 shares in Button's Bechuanaland Company from William Robert Archer to me, dated September 1st, 1896, and gave a receipt for it on the letter.
Cross-examined. I never saw the actual title or licence until Mr. Gill showed it to me at Bow Street—Mr. C. H. Baxter is a man of means, as far as I know; he held a fair position in the City—I cannot tell what cash was paid—I do not know Mr. Brown; Mr. Ward and Mr. Baxter introduced me to the company—I do not know that some cash was paid to Baxter—this agreement makes cash payable by Baxter to Gregory—I never met Mr. Brown—I began to act as a director when the first meeting was held—I was informed that the title to Hutton's Bechuanaland was in perfect form, and indisputable, and that the reports made on the farm by different agents were correct, and upon that I became a director, and intended taking a considerable number of shares—I had no communication with the prisoner: till I read the Critic I did not know of his existence—I did not know that Baxter owed his position to an assignment from the prisoner—I did not know that any deposit was paid by anybody before the property was transferred to the company—I saw one gentleman, Mr. Hesker; they came together—I have been in Bechuanaland and in the neighbourhood of this property—Ward, Baxter, Bepburn and I, had a conversation about the property—I was with Sir Charles Wharton's expedition in 1885, and the probability is that I have ridden over it several times—I have said that during the expedition some of the troops found traces of gold there—I did not say that they found enough to make a watch-chain of—it was Baxter and Ward who asked me to become a director—I did not know Baxter before; he was introduced by Ward—I knew Ward a short time before; he was introduced to me by a friend from South Africa a very few days before the circular was drawn up, but I have nothing by which I can fix the date—it is very possible that it was before March 27th, 1896, but I cannot say.
Re-examined. Till I was at the Police-court I did not know that the only property the Hutton Company were acquiring was the prospecting licence—I immediately retired and refused to be a party to any allotment of any kind.
By the COURT. If I had known that the licence was the only property, I would not have joined as a director—I was of opinion that it was of no value, but I was informed by the solicitor that the title was good—I am a director of other companies.
GEORGE JOHN SERJEANT . I am a clerk in Somerset Bouse—I produce the file of the old British Bechuanaland Company, registered on March 4th, 1889, capital £105,000, in £1 shares—I find on the file an agreement, dated February 26th, 1889, between Richardson and Co. and John Arnold Norton, as trustees for the company, by which Richardson and Co. sell to Norton a block of eight farms enumerated in the schedule, among which I find the Button Farm £3,000 mortgage—the consideration for the sale is £70,000 in fully paid-up shares, and the other moiety in cash or shares—I find a second agreement of April, 1889, under which the consideration is modified so that the balance of £35,000 is payable by £60,000 in shares and £5,000 in cash—I also find an agreement of October 7th, 1889, between Stevens and the company, that he shall proceed to South Africa, and report on the property there—allotments were made to the vendor on May 9th, 1881, and an agreement made out.
Cross-examined. The company passed a resolution to wind up.
ANDREW HENRY DUNCAN . From 1885 to 1886 I was a member of the local Commission appointed for the territory of Bechuanaland—after 1886 I was Surveyor-General of British Bechuanaland up to 1891—since then I have been Surveyor-General of British Bechuanaland Company and Rhodesia—in that capacity I became acquainted with the transactions in 1888 with respect to the transfer of certain land from the Government to the prisoner—I knew him then as Hill; he was there in the character of agent for what was called the Methuen Settlement, and for certain farms which were granted to him; among them was one called Hutton's Farm; eight farms altogether—by his instructions they were registered in the name of Knox and Fairshaw—Hutton's Farm was registered and entered in Hill's own name.
JOHN MITCHELL . I am a solicitor, practising at 110, Cannon Street—I was solicitor to the British Bechuanaland Company—on the file produced from Somerset House it appears that a block of eight farms, including Hill's, were purchased from Richardson and Hill—I recognised the prisoner as the man—after the company had been started, the prisoner was appointed managing director in South Africa, in conjunction with Richardson; he was appointed before that, but went on afterwards in that capacity—after his arrival at the property a number of letters and telegrams were received from him in reference to the property—there are a number of them enclosed in this envelope (Exhibits 60 to 73)—I also received from him some samples in this letter of July 5th, in which he speaks of the result of the examinations of the property in the reefs that have been discovered, and also the work thai has been done in the place—there were also forwarded to me reports on the property by Mr. Wright, and also a report of Mr. Lamb, not to me, but I saw them—they were in my possession at some time, and were seen by the directors—they were reports of the value of the property generally in the eight farms—after those telegrams and letters had been received Mr. St. Stephen was employed by the directors to go out to South Africa and report upon the property—I went out with him about the end of October. (One letter of October 17th, in the bundle marked 70 or 71, was read.) Mr. St. Stephen went out afterwards—he subsequently reported the result of his investigations—Mr. Bryden subsequently went out—I remember the prisoner coming home in December, 1893—some samples taken from those places were submitted to Johnson and Matthey, and I spoke to the prisoner about it—he said, "It is very disappointing; it snowed no gold whatever; it seemed very vexatious"—he said very little more, he laughed—it is within my knowledge that Dr. Hahn had written a letter with regard to it, I asked him to show me the letter; he refused—I said I did not know why he should refuse, as he was aware I could get it, but I never saw it—I saw a copy—as a result, the company subsequently went into liquidation—we had an interest in the matter, and everything was lost—the company never perfected their title, owing to the fact that Captain Hill pledged the deeds—we were never able to get possession of the property—Mr. Hill indicated to me that, of the samples that went to Johnson and Matthey, one came from one farm, and the other from the adjoining property.
Cross-examined. I have been speaking of the Bechuanaland Company
formed in 1889, and not the company we were discussing this morning—the terms of taking possession of the farms by the company were by the first agreement in cash and shares; the second agreement modified the first by making the payment in shares only; that is my memory—Hill got from the company about £3,000—I cannot remember the payment of £5,000 in cash—we received money from the public, out of which £5,000 could have been paid—cash was paid to the vendors—we paid £5,000 for the land—Hill and Richardson were appointed joint managing directors in South Africa—money was sent to them for their expenses and other purposes—I cannot ear-mark it, but no money was ultimately payable except in shares—I can produce the agreement with my company to-morrow—I remember no conversation with Kennedy and Richardson as to the cancellation of the agreement by which they sold this property to the company—I heard that Bryden made an agreement by which the agreement between them and the company was cancelled for £150. (Letter from Mr. Bryden of February 3rd, 1890, produced, in which were the words "renouncing all claims to the £5,000 cash balance of the purchase-money hitherto unpaid.") My impression is that the £5,000 is not renounced; I have heard the words—speaking carefully from memory, I say it is wrong—Bryden was a director, but he was in Africa—Hill gave to Oppert an irrevocable power for value as to the £5,000 consideration—I will endeavour to produce the document—I have no idea of what Captain Hill wrote me on July 5th, 1889; but Sitlageli is not in my neighbourhood, but is a post town ten or fifteen miles away, and has farms round, but is not a-farm—our property has nothing to do with Sitlagoli—I never told him it was part of our property—I should not expect him to go on striking reefs on other people's property—of course, I addressed my letters to him there when he was at Sitlagoli—the Sitlagoli river may form one of the boundaries of the property, but I understood it was a town—I know the Maritsani is a river—I remember his letter of August 22nd, in which he says he will get the Transvaal Inspector of Mines over to report, after which it will be well to send a man well known in England—I have heard Mr. Fuller's name; I do not know what he was—I recollect someone was instructed by the Civil Commissioner in Mafeking to take a sample of the conglomerate found—Hill told me that the bags taken to Johnson and Matthey were sealed by the Civil Commissioner of Mafeking, and I think he told me some were taken by Mr. Fuller, but I cannot recollect—I do not know that in some of the samples taken by Mr. Fuller were found payable gold—I do not recollect the prisoner showing me a letter from Mr. Fuller—I think our company went, into voluntary liquidation, not under the supervision of the Court, but I was not then acting for the company. (Read an order of MR. JUSTICE KEKEWICH as to the winding-up referred to.) That order must have been set aside, because it was not wound up under the Court—Mr. Kendrick may have been the liquidator, and not the Official Receiver; I cannot account for it otherwise—the property was never transferred to our company—we paid the purchase-money—I remember what took place—we paid it to Hill's nominee—the deposit was given to Oppert—I think it was paid in debentures—I can verify that to-morrow—the £150 was given in order to get the transfer registered in the books of the British
Bechuanaland Company—that was done by the local authorities on the spot—I have the agreement.
Re-examined. Oppert was a promoter of the British Bechuanaland Company, under an agreement with Hill and Richardson—it was with him the question of the purchase for £5,000 was settled—as managing director, Hill had about £3,000 sent out to him.
RAYNER ST. STEPHEN . I am a professional mining engineer, of many years' experience—in September, 1889, I was consulted by the directors of the British Bechuanaland Company with a view to going to South Africa and reporting upon their property—I was shown letters and cablegrams received from Hill, the managing director on the property—I read them all—I was to be paid in money, debentures and shares—I left on October 9th, and arrived at Kimberley on the 29th, and arrived on the property, after having been detained at Kimberley, on November 28th—Richardson accompanied me from Setlagoli to Sitlagoli Junction—Sitlagoli is a post town, and consists of Lamb's Hotel and the Post-office—I spent several days on the property—there was not one gold reef on it—the prisoner arrived about December 6th or 7th—I spent five days riding about the property before I wrote to the Board, and inspected the property—I saw the conglomerate on Button's Farm—we panned 10 lbs. of stuff on December 4th at Sitlagoli Junction, in some Kaffir huts, where we lived, about ten miles from the farm—Richardson was present—the rough work was done by Hearson, the agent, and the fine work was done by myself—in panning you put so many pounds into a dish, place water in it, shaking round the different particles, which, according to their specific gravity, will float or go to the bottom—the gold will go to the bottom, and you pan off and pan off till you come to the sand, which is about 1 lb. weight, and which you put into a smaller dish, and pan on over and over again till, if there is any gold, it will be shown in just a streak at the, bottom—that process was carried out, with the result that there was a very fine show of very light float gold, charged considerably with copper—so small a portion would cover a great space—that was on December 4th, the day I was writing to the board—there were one or more pannings, with similar results—the prisoner was present on the second occasion, because he brought the stuff himself from Sitlagoli—he and the agent drove out together in a buggy—the gold struck me as curious, and was different from what I had seen before, though I sent it to London, as I had no instructions to assay, and I remarked that it was very difficult to make a report as to its weight and value; that is to say, how many ounces to the Iton it would go—I searched the whole of the 70,000 acres as astutely as I possibly could, considering the sand and bush, and found that it was physically impossible that a lode could exist in it—I took portions of all the washings—the stuff was brought in by the niggers on their heads from ten miles away—Hill, Richardson or Hearson was always there—Hill was mostly away at Vyberg or Kimberley, on the share business—I said I was pleased to see a showing of gold, and I asked Captain Hill to send the boys or niggers out to build two huts at this place, so that I might commence operations—Hill, who was friendly, then said I had better return to England, as they wanted to see to the business of the shares, which were being inquired for considerably, but I refused to do so, as I had not sufficiently
tested the property, my engagement was for six months to open out the property, and I declined leaving the station until I had completed my work—I had a good deal of trouble to get my hut built; in fact, I went to open up the property on January 7th, and rode to and fro twenty miles for three or four days—Hill wrote me to say Captain Fuller was coming one day during the week, having been sent by the Commissioner to take samples—I replied that any day would suit me but the one I was going to Sitlagoli Post-office, about twenty miles' ride, to post my letters—I posted my own letters, because there was very great deception there—on my return I found Captain Fuller had been on that day, and Hill left a note to say how sorry he was, but Captain Fuller's time was so occupied—I have not the note—it was simply a piece of paper written in a hut—Mr. Bryden arrived on the farm on February 9th, with his friend Mr. Mackay—Hearson had left two days before that, and Richardson left with Hill on February 14th—I saw Hill on that day—I remained till March 30th, having written my report on the 29th, and having been on the property three months—during that time I had had the assistance of a very good miner whom I had brought from England—Mr. Mackay visited from February 11th to the end of March—I made an exhaustive examination of the property—I did not conduct the panning on many occasions because there was very little water; we had to send two miles, and buckets were brought in, but the washings were very few—I opened up works, sunk eight shafts, and got 5,000 or 6,000 tons of stuff—I took samples of the stuff—the rough work was done by Hearson, because I had broken a collar bone, and could not do the rough puddling, to begin with—I had sarnies taken from the same places where there had been a show of gold—on February 11th my suspicions were aroused that treachery was being played me, and I took stuff from the whole of the shafts, especially where the banket was about 3 ft. thick, where we had on the previous occasions good washings, and I panned 110 pannings, and there was not one trace of gold in the whole lot—after the prisoner, Richardson, and Hearson had left the property, there was never a single trace of gold—I heard at Kimberley from Richardson that the prisoner had declared payable gold a week or a fort-night before I arrived at Kimberley, about October 18th or 19th—I had an interview with Dr. Hahn on my return to England in May—I kept samples, brought them to England, and put them under a microscope in slides, and was surprised to see the samples of gold all bore file markings—this was in about June, 1890—there was only one salting, the other was a test that we tried from a piece of broken pencil-case which we filed—the gold has a lot of copper in it; it is very highly coloured—a good deal of copper is used in French gold coins—it may have been from that or anything else containing a large amount of copper—I gave them to Dr. Foster, as a sample of saltings, in South Africa—thai is the reason they are produced here—I have no doubt the pannings had been salted on each occasion—I afterwards frequently saw Hill in England—I showed him the stuff, and gave him copies of my report—I spoke to him about my interview with Dr. Hahn—when I told him the pannings had been salted, he said he never did it; in fact, he was certain Richardson did not, and he did not thini Hearson did—I have a letter in which he exonerates me—I
showed him Dr. Halm's letter, and jokingly said he ought to have been consistent, and used the same coin, so as not to have so much silver in one and copper in another—Dr. Hahn had said he had found silver in one and copper in the other sample—he called it extraneous matter—after that the prisoner brought an action against me for slander, which came on for trial on November 1st or 2nd, 1892, before the present Judge—the accusation was that I had said that Hill had salted the property, and that a warrant was out for his arrest—I had never said that—I gave evidence at the trial—Hill was in Court—I gave an account of what I had found, and that the pannings had, in fact, been salted—there was a verdict for me, with costs—Hill has not paid me the costs—he brought another action against me about the end of November or December, 1895—Mr. Palmer was the solicitor—the statement of claim was delivered on March 21st, 1895, and the allegation was that the plaintiff had suffered damage from inflammatory matters spoken by the defendant to Mr. Bryden, of the Bechuanaland Company, who was connected with the Methuen Settlement—the action was dismissed for want of prosecution, the costs to be taxed, and paid by the plaintiff to the defendant—the prisoner has not yet paid them.
Cross-examined by MR. ROBSON. I did not suggest that Hill had done the salting—I do not answer whether I suggest it now, for the prisoner's sake—he complained I had slandered him by saying he had salted the mine—I justified the statement—my remarks to him about his inconsistency in the saltings were made jestingly—I had never seriously made any charge against him personally or impersonally—five persons were there, but I do not know that he did it—that I said he did it were the words the solicitor put in—the document was drawn by counsel—I found a banket reef on December 3rd—it was not merely the presence of copper, but the flatness of the gold, or the flaking in the gold, that caused me to send to London—my suspicions that the pannings were not genuine began on January 29th, when in the property that had shown four ounces to the ton I could not find a trace—the Sitlagoli Farm is just across the River Maritsani, and belonged to an Afrikander—I would have liked to have an interest with Richardson and Captain Hill in any undertaking outside the Mutton's Farm, and we had an arrangement to that effect, but the document was not signed; Hill was too clever—I have the original copy of the arrangement here, written on Sitlagoli paper—I gave a copy to Hill, to be submitted to his solicitor—the date is December 16th, 1889—they did not refuse to enter into the arrangement—I refused to have anything more to do with it about the 21st, as a Mr. James Ford was to have the money to spend—the refusal was not after January, because I took out my own licence, independently of them—I met Hill as he was leaving on January 1st for Kimberley, and I took out a licence a day or two previously at Mafeking—I can produce it to-morrow—that I told Hill if they did not make an arrangement with me I would smash him or his company, is an infamous falsehood—we made two washings in January—one I was satisfied with, the other did not show so well—I wrote Hill letters, and I have my letter-book here (produced.)—I told them to proceed till the washings were more pronounced—I do not know whether I wrote to the Financial News of February 22nd, 1890—part of an outside broker's circular was sent to
the Financial News, and I am not responsible for the statement—I did not send it. (The witness read from his own letter-book letters, some of which referred to finding gold.) I remember Mr. Ford coming from Kimberley—I believe he was in the detective force at Kimberley, but I do not know it—I did not see him take a sample for the purpose of sending to Dr. Hahn; I heard he had—Hill told me he had sent some, but Davidson and Matthew is not the name he told me—he said it was a pity gold was not proclaimed earlier—Captain Fuller came to take samples before Richardson came out—I do not suggest anything; I only make a statement of fact—Fuller told me there was gold, and the stuff was sent to Dr. Hahn to assay—Hill was in Englaad on March 17th, and we did not then have panning on which we found gold—between 17th and 29th I panned 110 pannings—I never told Hill I included him personally in the charge of salting—he exonerated me, but I do not want exonerating—I have not his correspondence—I was never in South Africa before this visit.
Re-examined. I have never quarrelled with Hill or Richardson—the Financial News brought out extracts from a letter in the circular of an outside broker, and I was asked if the statements were true, and I said they were not—Hill showed me a copy—the shares were advertised which were owing to me—when I went out I was anxious to find gold, as I had £1,000 of debentures in the company—when I saw the results of the pannings I was very pleased, as I believed the land was beginning to do well—Hearson went to Kimberley from Vyberg, and returned again, and I advised him to come to England—Richardson committed suicide after he came to England.
HENRY ANDERSON BRYDEN . I am a director of the British Bechuanaland Company—I knew of the prisoner and Richardson going out to the property of the company in 1889—I went out afterwards—I have seen the telegrams and reports of the property—there was a panning by both the prisoner and Richardson, both being present at the same time—I went out in 1890, and in February I went up the country with Mr. Mackie, a friend of mine, and Captain Hill to Sillagoli, either that afternoon or next day, I forget which, and Richardson, the partner, came in from the property, and I undid a quantity of the supposed soil; the auriferous soil was brought in at the same time—some of the soil was opened by Richardson and Hill, in the presence of Hill, Mackie and myself, and one or two others—I forget how many pans were taken; at all events, one pan showed what would be called a show of gold; the prisoner took it up with a knife—Richardson and himself did that out of the panning; the result was very pleasant to a stranger like myself—Mr. Mackie is in Court—he was not in the least connected with the company; he went out to see the country—after this incident had taken place, Richardson and the prisoner only stayed on the property a very short time; I think they both went a day or two after—I know the place where Mr. St. Stephen was on the Hutton's Farm—I rode out there with him the next day—I remained with the property till the end of May; during all that time I never saw any further trace of gold—Hearson, who had been there, went back to Lamb's Hotel, and went behind the bar—the company afterwards went into liquidation—I am familiar with all the circumstances as to how it never became the property of the company; it is a long story—subsequently
the papers were sent to eminent solicitors connected with the company.
Cross-examined by MR. MUIR. I afterwards wrote a letter to a private friend, in which I made some strong observations about Captain Hill, and he commenced an action for libel against me in respect of that letter, and I wrote a letter, which I have here if you wish to see it—I withdrew the letter, and paid his costs; here is the document, and there it ended so far as Hill was concerned; the costs were fixed at £15—I think the British Bechuanaland Company was formed as a gold mining company, not as a Ranching company—it was stated by Hill that gold had been found on the property—I did not know that gold had been found—I heard it stated, but I did not believe it—Captain Hill's attention was not taken up by agriculture, more largely with gold; there was no pastoral land at all—people held very different opinions as to the value—I think I saw some prospectors' beacons about when I was out there; I think some came from Hutton's, and some from Sitlagoli, across the river, I believe—specimens were shown to me earlier or later—some were sent to Dr. Hahn—Captain Hill showed me a letter—J do not know, one way or the other, whether in every one of the samples sent to Dr. Hahn gold was found—I know it was described as unfavourable to the finding of gold there, for the 70,000 acres.
By the COURT. The directors of the company sent Mr. St. Stephen out—it is not in the least true to say that Captain Hill sent him out; he was sent out by the directors, and no one else—it is my strong belief that Mr. St. Stephens's name had been mentioned to Captain Hill.
SIDNEY GODOLPHIN SHEPHERD . I live in Belgrave Square—in October and November, 1895, I was Administrator at Bechuanaland, and Resident Commissioner for the Protectorate—I remember being there at the time of the Methuen Settlement—the prisoner was there, and Captain Hill—anyone took out a prospecting licenco at the office of the Civil Commissioner of the district on payment of 5s., provided that when he specifies where he wants to prospect he must give security for the repair of surface damage if the place is on a farm, or if it is private property, and subject to a reservation of minerals on behalf of the Crown—if there is a farm without reservation of minerals, he could only go on it with the consent of the owner, and the owner would have all the money, less seven percent—nobody could go on the land without permission—this is what is called the ordinary prospecting licence—having got his licence, the man would go to the place where he thinks there is gold, and set up a post, a beacon with a signboard on it, stating that that is the centre of his prospecting area, and he would be entitled to an exclusive right of prospecting over that area; that is, taking a radius of a mile from that—if he finds gold he must report it to the Civil Commissioner, who would then take steps to ascertain whether it is a bond fide report—Dr. Hatton was employed to make the examination; he was always employed by the Cape Government, and we send specimens to him—the finders would be entitled to twenty claims, but the Commissioner would open a list at his office, where anybody can put down his name.
By the COURT. A claim is 150 feet along the reef, and 400 across; it would not exceed that—if the Governor is satisfied that it should be proclaimed, so that the public could not be deceived, he could proclaim it,
but he is not bound to—during the whole time I occupied my position in Bechuanaland no place was ever declared as public goldfields—until the man with the prospective licence has discovered gold he gets nothing whatever—the licence is not assignable, it is strictly personal, because he has to give security—the assignee cannot assign; the man has no righto till he has found gold, and when he takes steps by law be obtains property which he can assign, but not until he finds gold; it is a mere licence to dig in another man's garden; it runs monthly; but this was taken for six months, and when the time expires it would run out—a licence to dig can be taken out at any time; a licence to work out a claim is different, you have it for sixty hours—if a man finds gold in some particular spot, and plants his banner there, so as to make the place his prospecting area, the licence gives him power to go there and dig, and it may become a very valuable property; and nobody can prospect there so long as his beacon is there, within the radius of a mile—if he has twenty claims he must take them in a block 150 feet by 400 feet; he has not exclusive mining rights over that; he is the proprietor—a man who prospects is not bound to prospect on his own property, provided there is a reservation of minerals, which there was—if the farm is the property of the prospector, of course, he can prospect on his own licence; where he finds gold there he puts up his beacon—under this law the owner can get twenty claims, he cannot get more; and when the public come in, provided their names are on the list, each one for half-a-crown can get a claim—when the prospector has found the gold, then the rights of the public come in—I do not know whether it is to the interest of the prospector that the Government should not proclaim—the Transvaal law differs; I do not know whether the Robinson Company has over thirty claims; they have bought up a great many; it is immensely rich—when the prospector puts up his banner he must put the number of his licence underneath, and the name of the prospector, and when once he has obtained the licence, he would confine himself to it, as he has located it.
HENRY HESS . I am proprietor, editor, and printer of a paper in South Africa—I was principal defendant in an action brought by the prisoner, commencing on April 24th, and an injunction was obtained against me on April 25th—I said in an article that I suspected that this man was behind me. The COURT considered that this was not evidence.
HARRY CALLAGHAN (Detective Sergeant, E). On May 3rd I arrested the prisoner on a warrant dated April 11th; he said that it was absolutely untrue, and the boot would be upon the other foot—he was brought to Bow Street, and the charge read to him—he said, "The affidavit sworn by me in the action brought by myself against Hess in the Africa Critic is absolutely true, and Henry Hess knows it to be true, and any information he could have sworn to obtain a warrant for my arrest must have been gross perjury, and an attempt to affect an action pending against him by me in the High Court of Justice."
GUILTY .— Five Years' Penal Servitude.
MR. JUSTICE GRANTHAM stated that he had received a communication from the GRAND JURY expressing their approval of the course taken by Mr. Hess in this prosecution, in which his Lordship concurred.
Before Mr. Justice Grantham.
MR. A. METCALFE Prosecuted.
JOHN ELLINGHAM . I am a labourer, and live at 30, Brunei Street, Victoria Dock Road—the prisoner is my younger brother—he does not live in the same house with me—on Wednesday, April 14th about a quarter to six, I was near the corner of Alie Street, in Victoria Dock Road—I saw my brother at the corner of Alie Street with a man—he did not speak to me; he only smiled, and said, "All right, my joker!" alluding to a quarrel we had had on the Monday—he said, "Here,"calling me towards him, and when I was about two yards from him he threw some stuff on me—it was in a glass; I saw the glass—the stuff caught me at the side of my face and neck, and the outside of my coat—I felt it burn—I took off my coat and threw it in the road, and ran straight to Dr. Daley's—I then went home—Dr. Daley attended me till the following Monday—through his advice I went to the Seamen's Hospital, and remained there until April 26th, and then attended as an out-patient—I am attending there still—these produced are the coat and handkerchief I had on at the time—they have blood on them—the contents of the glass were thrown at me, not the glass.
Cross-examined by the Prisoner. I did not strike you, I did not come close enough to you—I know you are a cripple—a woman struck you, and I took her part.
JAMES WATTS (157 K). I am stationed at Canning Town—at a quarter to six on this day I saw the prisoner in Alie Street standing at the corner of the street for about half an hour—the prosecutor and his brother came along—I was not near enough to hear what passed between them—I did not see any threatening gesture to the prosecutor—he walked quietly past the prisoner, and when he got within a yard or two the prisoner took something from under his coat, and threw it at the prosecutor's face—it was a liquid; at the time I thought it was water—when he had thrown it he ran away up Alie Street—I followed, but lost sight of him.
Cross-examined by the Prisoner. You were taking a woman's part—your brother came along towards you—I should have caught you, but you were too quick for me.
DAVID HICKEY . I am a labourer, of 26, Brunei Street—on April 14th I was in company with the prosecutor in Alie Street—walking down, I saw the prisoner standing with another man—he said, "All right, my joker!" and he took something from his back and threw it at his brother—it was in a glass tumbler—the prosecutor had not struck the prisoner, or attempted to strike—after throwing the stuff at him, the prisoner ran down the street—I ran after him, but lost sight of him.
JAMES ROBERT DALEY . I am assistant to the Divisional Surgeon, 150, Victoria Dock Road—on April 4th, at six o'clock, the prosecutor was brought into my surgery, suffering from severe burn stains on various
parts of his clothes, neckerchief, and shirt, also extending down his face and neck under the throat, and they had all the appearance of a scald; it was burning at the time—I had to cut a portion of his shirt away in order to dress the wounds—I tested the stuff; it was sulphuric acid, and it must have been very strong—I dressed his wounds; he came to me on the Saturday following; I dressed them again, and then advised him to go to the hospital—I saw him on three occasions—he has a permanent scar on the face—I don't think his hearing will be affected, but I can't be sure for some weeks—I have been shown his handkerchief and cap by the police.
JOHN CONDON . I am a constable of the dock police—on May 18th I saw the prisoner on board the ss. Monarch, in the Albert Dock—I had been searching for him since April 15th—I told him I should take him into custody for threatening his brother—he replied, "He should not strike my mother"—I handed him over to Detective Leonard.
WILLIAM LEONARD . I am a police sergeant, stationed at Canning Town—the prisoner was handed over to me—he said, "I did not throw it at him; I would do it now for him for giving my mother two black eyes."
Witnesses for the Defence.
RACHEL ELLINGHAM . I am the prisoner's mother—he knocked me down, and knocked me about, and made me lose all my money, and knocked at my door on April 10th, and he made my little boy's eyes black, and threatened what he would do for me and the woman he lived with—a little while ago he got into trouble, and he wanted my little boy to go as a witness for him and strengthen his lies.
ELLINGHAM. I am the prisoner's brother—he has knocked my mother about and given me black eyes—he wanted me to go as evidence for him—I went and got this stuff in a glass to clean some brass—a chap had told me that it was what he had to clean the brass with—I had it with me when I met my brother—he asked me to let him have a look at it—I handed it to him to look at, and he threw the stuff at me, saying, "I have got something for you in my pocket"—I I paid 4d. for the stuff—I asked for vitriol, and wanted it for the brass—a detective came for me afterwards, and I do not know where my brother was between April 14th and May 18th.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. PARTRIDGE Prosecuted.
ARTHUR CHARLES EBUTT . I am a cooper, of 22, Upper Grange Road, Bermondsey—on January 3rd I was at Mrs. Fellows', who is ill, and unable to be here—the prisoner came in with a woman, and called for two half-pints of half-and-half, and a pennyworth of tobacco—the woman gave Mrs. Crellin a florin, and she gave her the change—she afterwards showed it to me, and said, "I believe that is a bad one"—they were just going out at the door, rather quickly, and one of them had not drank the liquor—I went aiter them, and asked the prisoner to come back—he
laughed—I said, "You have left a little parcel behind; you had better coine back and fetch it"—they did not come back—I saw an inspector on the other side, and gave the prisoner in charge—this is the coin.
WILLIAM GALLTOUCH (Police, Inspector.) On April 12th the last witness accused the prisoner and a woman of passing a counterfeit florin—he was charged with knowingly uttering counterfeit coin—he said, "Not knowingly, governor; you may leave that out"—he turned to the woman, and said, "Where did you get this?"—I searched him, and found good money on him the shilling, a florin, a sixpence and 3d. in copper, which was change for the coin—he gave his name as Joseph Anderson, I, Falcon Buildings—there is no such place, and he was not known in Falcon Court—he was discharged, as there was no other charge.
LILIAN JONES . I am barmaid at the King's Head, Deptford—on April 27th the prisoner came in for half a pint of ale and a pennyworth ol tobacco, which came to 2d.; he gave me this half-crown—I saw that it was bad, sent the porter for the police, and told the prisoner that it was bad—he made no answer; I handed him over to the police with the coin.
Cross-examined. I went out of doors to the potman—I kept the coin in my hand till I gave it to Berry.
BERRY (Policeman.) I was called by the potman, and Jones handed me a coin; I kept it, and produce it—the prisoner was in the bar; I asked him if he was aware it was bad—he said that he was innocent; he received it of a man in Woolwich in payment for some pictures, and he should not know it again—he gave his name as Amies, and said that he lived at a common lodging-house, but had not been there for three months.
Prisoner's Defence: On the first occasion I must have taken it for some coal; I took the second at Woolwich; a man gave me a half-crown and a shilling. It was very unfair to take the money out of the bar to the potman. I am innocent.
GUILTY .—Six other convictions were proved against him.— Twelve Months' Hard Labour.
Before Mr. Recorder.
417. JAMES LYNCH (21) PLEADED GUILTY to burglary in the dwelling-house of Walter Dannett, and stealing a clock and other articles, his property; having been convicted on December 4th, 1892. Five other convictions were proved against him.— Twelve Months' Hard Labour.
Before Mr. Justice Granikam.
MESSRS. CHARLES MATHEWS and A. GILL Prosecuted, and MR. LEICESTER
wife; we have been married about fifteen or sixteen years—at the end of last year we were not on very good terms, and I went to the Society for the Protection of Women and Children, and in June last a separation was drawn up, and the prisoner had to pay me £1 a week—we have five children; I was to have the custody of the children—I do not know what wages the prisoner used to get, but I believe it was £2 10s. or £3 a week—he was a billiard-table-maker, employed by Messrs, Wright—he paid me the allowance for three weeks, then it. broke down gradually to 15s., 12s. and 5s., and he ceased sending anything at all—early in October I went again to the society, and a summons was taken out against him—one day in October he came and asked me to live with him again—I said he was not going on in the right way for me to change my mind; he was very abusive and insulting to me—our differences were caused by his drinking heavily and staying out at night—after the summons he sent five shillings a week for six weeks—that day in October, when he came, he got hold of me by the throat and tried to strangle me—Mrs. Howard, my landlady, came in, and he went away—I did not see him again until April this year—I did not know where he was; he did not appear to the summons—I received support from him, it is true, at that time—on the morning of April 3rd he came between nine and ten—I was in the scullery, doing my work; a knock came to the door, and the prisoner answered it—I heard him ask one of the children to kiss him; that was Edith; she turned her head from him—he then looked at me, and said I had trained them well—I did not answer him—I turned my head from him, thinking I should escape him, but he sprang upon me, and threw me on the bed—Edith said, "He has got a knife"—I said, "Call Mrs. Howard"—the children ran off and left me—he then commenced cutting the right side of my neck and face—I did not see what he did it with, but I could feel it was a razor—I caught it in my right hand, and it cut my hand—he said, "You have done for me, and I mean to do for you"—he tried to get my head back after that, and he cut a large vein through on the right side of my neck—I struggled to the door; he dragged me back, and threw me on the bed, and said, "I have come to do it, and I mean doing it"—he tried to get my head back again—he brought up the separation, and said that I had got the separation because I had got someone else to live with—as I was lying on the bed he said, "Lie there, and die"—I am still suffering from the wound in my hand—Mr. Howard, the landlord, then came up, and I escaped under his arm—I went to the infirmary—I am still there as an out-patient—I remained there as an in-patient till the end of May, about five weeks—this razor was not in the house before that day—he used not to shave himself; he went out to get shaved—he had no razor until this" was found—I had never seen it before.
Cross-examined. I think he had one in his possession—I did not know where he kept it—I had seen it in a little box in his bedroom—he did not wear a beard or whiskers, only a moustache—he was not wearing a beard at this time—I have been married to him for sixteen years—we were comfortable together for some time till he began drinking habits and staying out at night—he had made accusations before this against me, but it was only ia excuse for his own bad conduct towards me—he was very angry at this time—I had a child before we were married, twenty years
ago—I had only lived with him for the last few days before we were married—he said this last child was not his; he had said that each time—he was in a temper when he said it—I did not go and get a rope to hang myself; I threatened to, because of his ill-treatment—I did not threaten to cut his throat; he did not buy the razor in consequence of that—he has led me a terrible life for years past—I did not throw a spirit lamp on him; it was upset when he knocked me down once—I never threatened him with a chopper—I knew some persons named Wolsey; they lived upstairs—he did not object to my associating with them—I had no associates—he accused me of associating with them—he accused me of talking to his brother; that was untrue—he has said all manner of things that were untrue when he was in a temper—I threw an ornament at him one night after he had struck me with it—that was after the separation; before our separation he struck me with his fist, and I did throw the ornament at him—he objected at first to sign the separation order—I said if he did not sign it the case must go into the Police-court—I had a solicitor; he was a solicitor for the Society for the Protection of Women and Children—the solicitor did not urge him to sign it; he had already signed it before I knew of it—he had been there to sign it—I went to Waterloo with him one day, and he said, "You will not let this separation stand between us long?"—I said, "That depends upon yourself; if you go on as you are doing I shall never live with you again"—he kissed me and the child that he had refused to own, and we parted on peaceable terms—Mrs. Howard was not present when he took me by the throat; she came up on hearing my screams—he let go of me, and they went for a policeman—the children had refused to kiss him, and I turned my head from him—the children did not leave the room before he struck the first blow with the razor; they could not have, because their hands were covered with blood—I cannot tell you whether they were present when he used these words to me—they were out of the room when he said, "Lie there and die."
Re-examined. He knew of my having the child before his marriage, and he said it would make no difference to him—there was no truth in the accusations he made—I told him I did not want to imprison him, but I wanted a separation, and to live in peace with my children—he broke open the door one night after the separation, and slept at home that night—he said he had found out that the separation was illegal, and he should remain at home—he did not offer me any violence that night, but more abuse—when he assaulted me after the separation, it was in October—I had brought him face to face with Mr. Wolsey, and then he denied that he had said anything of the kind.
ANGELINA HOWARD . I am the wife of William Howard, of 16, Lynd-hurst Road; that is the house in which Mrs. Parker was living; she had lodged there since August last year—I went upstairs to their room one day in October, and saw the prisoner holding her head back with his hand—I called him a coward, and went out to get a policeman; I could not see one—the prisoner came out, and I saw no more of him from between that day and April 3rd—I did see him once before, but Mrs. Parker was out then, and he did not see her—on April 3rd one of the children came to me, and in consequence of what was said I went up to their room; that was from a quarter to half-past nine—I went from the kitchen; the
scullery door was closed—I tried to open it, but could not—I heard screams and struggling on the other side of the door—I called out, "Mr. Parker"—he said something, but I cannot say what, but I think it was "Go away, or I will serve you the same"—I went away, searching for a policeman—I found Bradbury; he did not come with me, but he followed in a few minutes.
JOSEPH HOWARD . I am a bootmaker, and live at Fenge—I am father of the last witness—on April 3rd Frank Howard, my grandson, came to me and I went to 16, Lyndhurst Road—I heard screams for help coming from a woman—I went through the kitchen into the scullery—I burst open the scullery door, and I saw the prisoner with his hand grasping his wife's neck and holding it down—she was at the side of the bed, kneeling down, with her head on the bed and blood on her—I saw a wound in her neck bleeding—I did not see any other wound then, but I did afterwards, on the side of the neck and chin—I said, "Let the woman alone"—he said, "I shan't"—I said again, "Let the woman alone"—he said, "I will kill her"—I got hold of her shoulders, and pushed him away with my right hand, and she rushed under my arm into the other room—the policeman arrived just at that time.
GEORGE BRADBURY (20 PR.) On April 3rd I was called to 16, Lyndhurst Road, about 9.20—in the scullery I saw the prisoner, Mrs. Parker, and the last witness—the woman had several cuts on her neck—I saw the police constable take him into custody—I took hold of him, and he did not run away—he said, "My wife is a bad woman, and I mean to murder her"—he made the same statement on the way to the station.
Cross-examined. I live three doors off from them—it only took me about three minutes to get there—I was there before the woman got out of the room—I did not see the razor; it was found by another constable—I made a note of what he said at the time—he said if some men had had her for a wife they would have killed her long ago.
CHARLES PHILLIMORE (Sergeant, 115 P.) On April 3rd I was at the station when the prisoner was brought in and charged with attempting to murder his wife—he said, "She was a b——wh——before I married her, and she has been a b——wh——ever since; I was a fool ever to marry her"—I searched him, and found on him a piece of paper, with the name of Sutcliffe, with an address in Manchester, also an excursion ticket of April 3rd—I found in his outside overcoat pocket this razor, recently stained with blood—he said, "That is what I did it with"—the razor case was in another pocket—he appeared to be perfectly sober—he was smothered with blood; his hand, and cuffs, and coat—I also found this knife in his inside coat pocket.
Cross-examined. He made no remark about the case—the ticket is a return-ticket from London to Manchester, available for that day only—the razor does not appear to be new.
FREDERICK SUTCLIFFE . I am a cabinet-maker, employed by Messrs. Orme and Sons, billiard-board makers, of Manchester—I have known the prisoner by the name of George Smith—we have been working in pairs at Manchester from October 21st—he said he was a single man, and had never been married—we were talking one day about his relations, and he said they were all dead, he was the last of them—on Friday evening,
April 2nd, he called on me—he had a boy with a small trunk, which he asked me would I mind it and keep it for him, as he did not mean to come back to Manchester again; he would send me the address, and let me know later on where I was to send it—the box of tools he had in the shop he left with me—he asked me to write my address on a piece of paper, which lie handed to me, and I did—he said he was going to London to see the Boat Race—I gathered that he had some trouble in London; what it was I never knew—I said, "If you have any trouble in London don't go; keep away"—he said, "I shall go; good-bye," and he went off'—I have never seen this razor or this knife in his possession—the knife might be used in one portion of his trade, but I never saw him use a knife like that.
Cross-examined. We never lodged together—I should have no occasion to go into his bedroom—as far as I know he came up to London without luggage—we were working together for six months, from October to the Boat Race—during that time he always behaved himself as an orderly, peaceable man.
FREDERICK HUNT . I am a French polisher, employed by Messrs. Orme and Sons, of Manchester—I know the prisoner by working in the shop—I knew him as George Smith—one morning, shortly before Saturday, April 3rd, he said he was going to London by an excursion to see the Boat Race; would I come with him?—on April 2nd, about half-past eight in the evening, I saw him in Oxford Street, Manchester—we went and had supper together and drink—we went to the station together at 12.30—the train arrived in London at a quarter-past six next morning—we breakfasted together, and went to Waterloo Station—I went to Guild-ford to see some friends—he said he was going to the Eltphant and Castle by 'bus, and we shook hands and parted—that was about a quarter to nine—I had never seen this razor or knife in his possession.
Cross-examined. I never lodged with him, and had no occasion to go to his room.
DAVID SERGEANT. I am an M.D., living at Peckham—on the morning of April 3rd, about ten, I was called to Lyndhurst Road, and attended to Mrs. Parker—I found her lying, oil the bed in a state of great excitement, covered with blood—I found various wounds upon her, one on the left side of the neck, about three inches long and two inches deep; another on the right side of the neck, more superficial; a similar wound on the cheek, and one on the left hand, between the thumb and the index finger, separating the soft parts, another on the right thumb, and other wounds of minor importance—I dealt with the hæmorrhage, sewed up the wounds, and sent her to the infirmary—I do not know her present condition—the wounds were such as would be caused by a sharp instrument.
Cross-examined. They would be caused by her struggling with the man—some were comparatively superficial—I did not think they were dangerous, but important, as involving consequences—the one on the left side of the neck was serious.
JOHN CHARLES WILLIAM BEAUMONT . I am Medical Superintendent of Camberwell Infirmary—the prosecutrix was admitted there on the morning of April 3rd, and placed under my charge—I examined her—I found seven wounds on the right side of the neck, all superficial, one, larger than
the rest, extending on to the cheek—on the left side of the neck there was a long, deep wound, from two inches to three and a quarter—that was decidedly severe, wounding a large branch of a vein, and cutting across a branch of the external jugular—I examined her hands—there was a slight wound on the right thumb, possibly caused by clutching a razor with the open hand—on the left hand there was a long, deep wound, about two and a half inches long, extending right round the thumb, severing the vein—there was danger of severe hæmorrhage and tetanus—I think the danger is now over; she is still under my care, as an out-patient every other day—there is a great loss of power, most likely to be permanent.
Cross-examined. With regard to the wound on the hand, that may get better—I should not necessarily expect it; it may or may not—I think she is out of all danger now.
JOHN MORTON (Police Sergeant, P.) On the morning of April 3rd the prisoner made a statement to me, which I took down in writing—I read it over to him, and he signed it. (Read: "I wish you to tell the Magistrate that if it were not for the neighbour, it would not have happened, and the separation would not have been in existence.")
Cross-examined. I was instructed to make inquiries into this case—I found that the prisoner had been twelve years in the same service, and bore the character of a peaceable and quiet man.
Prisoner. I had this razor in my possession for more than nine years, and she has seen it in my possession scores of times—I deny being given to drink, never in my life.
GUILTY on the Second Count. — Ten Years' Penal Servitude.
NOT GUILTY .
Before Mr. Recorder.
420. THOMAS JOSEPH NIGHY (25) PLEADED GUILTY to breaking and entering the Shefferly Station booking-office, and stealing 1s. 1d.; also to stealing £9 from the Hounslow booking-office, and £13 10s. from the booking-office of the London and South-Western.— Nine Months' Hard Labour.
CHARLES HARRY HAYWARD . lam a shirt and collar dresser, of 11, Flaxman Road, Camberwell—on Wednesday, April 3rd, I went into the Prince of Wales, Coldharbour Lane, between twelve and 12.30—there were some other men there and the prisoner—they were strangers to me—I am sorry to say that I was very drunk—I eat down in a corner of the public-house, and the manager and several others wanted to send me home in a cab—I do not remember how I got out of the house—I had a
watch and chain, a tie-pin, and a ring—to the best of my recollection. I was making the best of my way home, and was set about by four men and smothered in a mackintosh—I cannot recognise any of the men—I was kicked—two days afterwards I went to the station and picked out the prisoner as one of the people who were in the public-house with me.
JOSEPH GEORGE HURRY . I am a sign-writer, of 8, Stock well Park Road—on April 8th, between twelve p.m. and 12.30, I was in the Prince of Wales, and sat down in a corner—the prosecutor came in drunk, and sat down in the corner—the prisoner came up and wanted to interfere with him—he put down £5 on the counter, and asked the prosecutor to do the same, and they would fight for it—he refused, and was put out of the public-house, while the prosecutor remained in the crowd—when I got outside there was a crowd of thirty or forty people—the prosecutor was told to go away; he would not, and the prisoner wanted to fight him—he walked away, and the men followed him; the prisoner was one—they pushed him down and robbed him—I went straight to the station and gave a description of two of the men whom I could recognise again—the prosecutor was in drink, but not quite thoroughly drunk, because at the station he gave a description of all he had lost—I was passing down a street the next day, saw the prisoner in a crowd, and took the detective to him.
Cross-examined. The prisoner was not drunk in the public-house—the other man whom I gave a description of was named Hoare; he was afterwards taken in custody, and I swore he was one of the men who robbed the prosecutor—I saw Hoare with his hands in the prosecutor's pockets—the prosecutor said that Hoare was an old friend of his, whom he had known for years, and he was discharged—it was darker than in the main street—there was a commotion after the people came up, and the women were shrieking.
MICHAEL O'BRIEN (Police Sergeant.) On April 29th Hurry pointed out the prisoner to me in Brixton Road—I said, "I am a police officer; I arrest you for robbing and assaulting a man named Hayward last night"—he said, "You have made a mistake; I never robbed anybody or assaulted anybody in my life"—I took him to the station; he was placed with ten others, and identified by Hayward as a man who was in the public-house, and also by a woman who is not here—when the prosecutor was making his statement he said to her, "You bleeding monkey, I now charge you with assaulting me."
Evidence for the Defence.
GEORGE RING . I am a cab-driver, of 23, Russell Grove, Brixton—just after midnight of Wednesday, April 28th, I was in Coldharbour Lane, and saw the prisoner drive up in a cab, helplessly drunk—I helped him out, and went with him into the saloon-bar of the Prince of Wales Tavern; three women were with him—he accidentally reeled against the prosecutor, who said, "Where the b—hell are you coming to?"—he did not answer—Harris had a soda, and I had a drink—the man who was discharged by the Magistrate assisted him into the cab—I went outside, and left Harris standing at the bar, and in five minutes the manager came out with Harris leading the prosecutor—I went inside the public-house, and asked Harris to have another soda; he did so, and I remained wit
him till closing time, when I took him to 22, Marlborough Road, Brixton, so that it is impossible he could have taken part in this robbery.
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted.
HARRIETT HALL . I am the wife of William Hall, of 68, Oakley Street, Lambeth, and let lodgings—on April 29th, about 10.30 a.m., the prisoners came there together, and Wheeler asked if I had a room to let—I said, "Yes,"and took them to the second-floor back, which was furnished—Wheeler told me that the other man was deaf—he asked the rent of the room—I said, "Six shillings,"when he looked up the chimney, and said, "Bill Jones, this will do"—that name had not been given to me before—Sullivan said, "I will go and get my things,"and asked if the room would be ready at four o'clock—I said, "Yes"—they said nothing more, but went down, and returned at a few minutes past four—when Wheeler was looking at the chimney he asked if there was an oven in the house, and said that his wife was coming in a day or two—they said that they came from Italy, and Sullivan said that they came from Dublin on the Monday previous—Sullivan only spoke by the motion of his mouth, but he was the spokesman—he gave me the six shillings, and I gave him the street-door key, but no other key—he told me not to be afraid, I should always get the rent—the other man said that his name was Bill Jones—they remained in the room till 6.30, and then both went out together and returned about 11.30—they both slept there that night—on the 30th they went out at 9.30, and I did not see any more of them till Saturday night—after they left I went into their room; their bed was made when I went in; I examined it, and found six bad half-crowns and a florin wrapped in paper, and paper between them, between the bed and the palliasse; I put them back again—I was alone—I called my married daughter and my son's wife, and then looked further about the room, and found in the coal-cupboard these bottles, a box, a stone jar with some black stuff in it, some sand, a paper bag, like a sugar bag, with something in it to charge the batteries (I know that because I have an electric bell), some white powder, and a pudding basin—I searched the bed because it was made in such a peculiar manner—I next saw Sullivan on Saturday, May 1st, about 1.15 a.m.; Wheeler returned at neon; I saw him come in—he walked straight up to Sullivan's room—I saw Sullivan at 7.20, and they went out together at 1.30—when Wheeler came in he had two small cardboard boxes with him, and a brown-paper parcel when he went out—Sullivan had nothing then, but he came in alone at 7.20 p.m., with a parcel tied up in a white pocket-handkerchief under his arm—he went to his room, went out again, and returned at 12.30 a.m. on Sunday—about midday on Sunday my daughter told Wheeler that Sullivan was out; he came downstairs directly—I
next saw Sallivan in the evening, going out of the house—I did not see him return—I did not tell him about my finding the counterfeit coin there—saw them together morning, May 3rd, and I saw Sullivan go upstairs on the Tuesday morning, and go out—Wheeler went up to Sullivan's room at 2.30, and came down—Sullivan said he was a butcher, employed at Smithfield Market; he did not say by whom—"Wheeler did not say what he was—I gave information to the police on April 30th and Sergent Harcourt came to the house that day, and I showed him some of the things I found—I did not show him this mould; I found it in my tin box, and this leaden spoon—I saw these moulds found, and two battery boxes—I showed tie things to the police, who made further search—nobody else came to their room—I saw no luggage.
Cross-examined by Wheeler. People came when you were out, and brought two boxes and a brown paper parcel—you bought 28 lb.—you engaged the rooms, and were a frequent visitor—Sullivan did not mention his wife.
MARTHA TURNEY . I live at 69, Oakley Street, Lambeth—on April 29th I was at Mrs. Hall's house when the prisoner came—the old man took the principal part in the conversation—Wheeler looked up the chimney, and turned round and said, "Yes, that will do; your name is Bill Jones."
Cross-examined by Sullivan. The room is rather small; you could not put another bed in it, and when the door was put back it touched the bed—Mrs. Hall's daughter-in-law was there; there were five of us—Mrs. Hall was sitting on the bed, and Emily Williams was standing at the door.
Re-examined. I did not do anything to the bed, or put anything into it.
EMILY WILLIAMS . I am the wife of Robert Williams, a soldier, and the daughter of Mrs. Hall, and live at 68, Oakley Street—on April 29th I saw the two prisoners at my mother's house, and was in the room when they came up—Wheeler looked up the chimney, and turned round and I said, "This will do, Bill"—they came into occupation, and next day I saw my mother examine the bed, and find six bad half-crowns and two bad florins, wrapped in separate papers—she put them back under the bed—I had not put anything into the bed, or interfered with it in any way, either before or after the men came.
FREDERICK GRAY (Police Inspector, L.) On May 4th, early in the day, I went to 68, Oakley Street, and saw Mrs. Hall, who took me to the second floor back bedroom, where I found in a tin box, a double mould for manufacturing two shillings at a time—I left it there, and left without making further search—I went there again after Sullivan's arrest, and found in the box these two double moulds for shillings, two charged batteries, a crucible, this bottle of solution, a jar of sand, a bag of plaster of Paris, a piece of candle, some lamp-black, sand-paper, two pieces of a file broken in two, and some metal and wire (produced)—the prisoners were in the room.
Cross-examined by Sullivan. You were arrested about 7.30; you were detained seven hours—you were taken from the basement to the top of the house.
with Gray and Hancock to 68, Oakley Street, and saw Wheeler coming downstairs—I said, "We are police officers, and want to knew what you are doing up here"—he said, "I have been up to see my friend Mr. Jones, but he is out"—I said "We shall detain you till be returns, when you will be charged with the manufacture of base coin"—he said, "Quite right; I ac't see how you can charged me, when I never entered the room"—sbortiy afterwards he said,"I have been, to Mr. Wheatley, and got half a crown for five places for a job, and am going to work to-morrow"—I detained him five hours; he gave me the names of some people—I then searched Wheeler, and found 4s. 6d. and 4 1/2d. in bronze—Sullivan returned about seven o'clock and they were taken to the station, and charged, and said, "All right"
Cross-examined by Wheeler. The half-crown, was given you to buy a slop—I put down the names you gave me in my book, and made inquiries—you told me you came to the New Cut for the purpose of buying something.
HARRY HANCOCK (Police Constable 801 L.) In consequence of information I kept watch on 68, Oakley Street, from April 30th to May 4th—on May Srd Sullivan went out about 9.20 a.m.—I followed him two or two hours and a half, till he went hack to the house again—he looked into two or three public-houses—I did not see Wheeler that day—on May 4th, Wheeler went into 68, Oakley Street, about 2.30—I did not see Sullivan go in—I arrested him; on his leaving I said, "We are police officers; I shall take yon back to the house again"—he said, "What for?"—I said, "You will be charged with another man in custody for possessing implements for the manufacture of base coin"—he appeared deaf—I said, "Do you understand what I have said?"—he said, "Yes"—I took him upstairs, where Wheeler had been taken, and as soon as he saw Wheeler he said, "Give us a light, Harry"—I searched him in the room, and found nineteen counterfeit shillings, all wrapped up separately in three separate packets, nine in one, six in another, and four in another; among the nine were seven of 1894 and two of 1896; he also had three good shillings, 9d. in bronze, a knife, a watch, and other things—I looked into a cupboard, and Sullivan pointed to a tin box there, and said, "You have got all that were kept in that box and cup-board"—those articles are the ordinary stock of a coiner—he was taken to the station, formally charged, and made no reply—I had been into the house on April 30th, and Mrs. Hall took me upstairs, and I saw this bottle, which contains a solution for silvering the coins—Mrs. Hall took some coins from between the bed and the mattress; four half-crowns and a florin were unfinished, and two finished half-crowns were wrapped up separately—two batteries were in the box—when I went on Saturday the coins were gone, but the batteries were there.
Cross-examined by Wheeler. There was another young man there—he was not taken in custody.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to H.M. Mint—these are two double moulds for coining shillings of 1894 and 1896; they have both been used—these nineteen shillings are bad, and the shillings found on Sullivan are from this mould—all these articles are used by coiners, and are their ordinary stock-in-trade.
Sullivan's Defence: On Thursday, April 29th, I came to London, and
took this room, and then I went to Mrs. Moser, and remained for the night and all day Sunday. I went in and out with this man, I cannot say how these things came into the room, only what I was told.
Witness for Sullivan.
EMMA HOLE . I am a widow; Sullivan is my son by a former husband—on April 29th he was with me till he was arrested, in and out, and Wheeler came, and inquired after him—I do not know Wheeler, but my son does—he and bis sister had a few words, and gave him some money, and he went out—I did not give him these nineteen bad shillings—he was to pay me when he got work.
Cross-examined. He came to my house when he camo home—that was six weeks before the 29th—during that time he was doing some work for my landlady and my next-door neighbour—Wheeler has been frequently at my house during the last six weeks, making inquiries for my son, and my son has joined him—they never left home together—my son went out sometimes—I cannot say now whether he did that on days when Wheeler has called—he left my house on April 29th, and did not sleep there afterwards, and on the Sunday he came to my house.
Sullivan handed in a ivritten statement that he took the room on April 29th, and met a man named Jackson, who asked him to mind a parcel for him; that he took, it home and opened if, and seeing what it was, told Jackson that if he did not take the things away he would throw them away, and told the detectives his name; that there was no key to his room, and he was away at his mother's an hour at a time.
Wheeler, in a written defence, said that when the rooms were taken he was smoking, and stooped down two or three times to spit into the grate, and that he went with Sullivan in consequence of his being deaf.
GUILTY .—Sullivan had been once convicted, and had still a year and seventy-one days to complete his sentence.— Eighteen Months' Hard Labour. Several cmuictions were proved against Wheeler , and he had been five timessentenced to penal servitude .—Five Years' Penal Servitude.
ADJOURNED TO MONDAY, JUNE 28TH, 1897