CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD MARCH 28TH, 1898.
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, March 28th, 1898, and following days,
BEFORE SIR WALKER WILKIN , K.C.M.G., acting for the Rt. Hon, The Lord Mayor; Sir REGINALD HANSON , Knt., M.P., Alderman of the said City; Sir CHARLES HALL , K.C.M.G., Q.C., M.P., Recorder of the said City; Sir JOHN VOCE MOORSE, Knt., ALFRED JAMES NEWTON , Esq., MARCUS SAMUEL , Esq., WALTER VAUGHAN MORGAN , Esq., JOHN POUND , Esq., WILLIAM PURDIE TRELOAR, Esq., CHARLES BELL , Esq., FREDERICK PRATT ALLISTON, Esq., THOMAS VEZEY STRONG , Esq., HENRY GEORGE SMALLMAN , Esq., other Aldermen of the said City; and Sir FORREST FULTON, Knt., Q.C., Common Serjeant of the said City Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
RICHARD CLARENCE HALSE, Esq,
CENTRAL CRIMINAL COURT
DAVIES, MAYOR. SIXTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, March 28th, 1898.
Before Mr. Recorder.
BENSON, Nine Months;
JOHNSON, Fifteen Months; and HARRIS, Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]And
(265). WILLIAM HENRY CLIMPSON (35) , Unlawfully obtaining carpets and other goods by false pretences, and to a previous conviction in August, 1896.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
CHARLES FAY . I am a labourer, and live at 22, Huntswood Terrace—on February 26th I went to the South London Theatre—I left it about 11.10, on account of the heat—I had had two or three glasses of beer, no spirits—as I came out two or three rough-looking chaps asked me for 6d.—I refused—they followed me—the prisoner is one of them—they asked me where I lived—I told them—they said, "We are going that way, and will see you home"—I had my landlord's eldest son with me, Charles Shaw—the men got hold of me, one on each side, and they knocked me down and kicked me, and they had their hands in my pockets, and took 8s. from me—I lay on my back, and could not get up—some persons heard me and came up.
Cross-examined by the prisoner. I was not drunk—I did not ask you to take me home—you pushed the little boy away, he would have seen me home—this happened 200 or 300 yards from the theatre.
CHARLES SHAW . I am 13, and live at 22, Huntswood Terrace—I went with the last witness to the South London Theatre, and I left with him—when we got outside two men followed us—the prisoner is one of them—they pushed me away and got one on each side of Mr. Fay, and took
him round to Huntswood Place, where they knocked him down and kicked him, and put their hands in his pockets—I ran for a policeman.
Cross-examined. I am sure you are one of the men—I saw you pull him down and kick him—I could not say where you kicked him.
JOHN HARRIS (Policeman, D). About 11.30 on February 25th, I was on duty in Salisbury Street—two women first spoke to me, and afterwards the boy said something, and then the prosecutor said, "Constable, there are the two men that robbed me"—the prisoner is one of them—I saw them run from Huntswood Place and followed them—they separated—I shouted, "Stop thief"—I followed the prisoner, another constable followed the other—I took the prisoner into custody—he said, "I don't know the other man, when he ran I ran—the man asked me to go with him."
Cross-examined. The prosecutor was under the influence of drink—he had been handled very roughly—he was lying on the ground when I came up—he said you knocked him down and kicked him.
HERBERT TANBURY (Constable, D). I was in Salisbury Street about 11.30 on the evening of February 26th—I saw the prisoner running from the other constable—I chased him and caught him—he said, "I am done for, if you will leave go of my neck I will go quietly, I have done nothing"—the prosecutor had been drinking, but he knew what he was doing.
By the COURT. The prisoner gave his correct name and address—he has been doing some work—I have lost sight of him lately.
Prisoner's defence: "After leaving the theatre, on my way home, I saw the prosecutor in the road, asking for someone to see him home. We gave him a hand towards Huntswood Terrace, and when my companion ran I ran with him. I had not been with him more than three minutes."
GUILTY .— Six Months, and Fifteen Strokes with the Cat.
MR. CAMPBELL Prosecuted, and MR. WILDY WRIGHT Defended.
VINCENT RUGGIERE . I am an Italian, a mining engineer—at present I live at the Plough Inn, Erith—I arrived from Johannesburg on December 3rd or 4th in the "Norman"—a few days after, I was walking in Oxford Street—this was between seven and eight in the evening—the prisoner spoke to me—he was a stranger—he asked me if I was an American, and I told him I came from Johannesburg, and was going to Klondyke, and was an Italian—he said he had a brother in Johannesburg, and that he would give me a drink and explain what clothes would be necessary for Klondyke—we discussed this question at the public-house—it was quite close—we had a drink, and he paid—after we had entered an old gentleman came in and asked the way to Madame Tussaud's—I told him I was a stranger—he sat talking for some time—he showed us a bundle of notes, which he said were real bank notes—I did not read them—the prisoner proposed to meet next morning at London Bridge Station to talk about Klondyke—the old gentleman said he would join us at the London Bridge House Hotel—when he pulled the notes out of his pocket the prisoner said, "Look what a silly, showing money to the people"—I said
to the old man, "You be careful; do not show money like that"—I went home, and next morning I met the prisoner outside London Bridge Station—we went to the hotel, and met the old gentleman inside—I think we had a drink, and entered into a general conversation—the prisoner asked me how much money I had in my pocket—I said I had a £70 note and a £700 cheque—that was a fact—the day before I had £75, and I had spent £5—I showed the cheque to them, and the prisoner said, "You had better cash it"—and he took a cab and went to Glyn Mills bank, in Lombard Street—he suggested that I should have small notes, and the cashier said, "Don't carry too large a sum of money," and he wanted me to have £100 notes—but the prisoner said, "No, it is too big"—when we got back to the hotel the old gentleman was waiting—he said he would be very charitable to my people, and I said if he would I would give him my watch and chain—I meant that seriously—I suggested that we should have dinner, but he said, "No, business first"—the business was to steal my money—we talked about Klondyke, they were not going with me—then the old gentleman asked the prisoner if he trusted him, and the prisoner said, "Yes"—that he had £13,000 in his pocket book, and that he would put it in the old man's pocket—the prisoner then asked me if I trusted him, and I said, "Yes," and I put my pocket book in his pocket, and they went to the bar to have a drink—I asked a waiter to watch them, and gave him 6d.—after a few minutes the waiter came back, and said something to me—I then went to look for the two men, but could not find them—I then drove to the bank and tried to stop the notes—then I told the police—I have never seen the old man since—I gave him my watch and chain—I have not seen that since—I have been to Italy since this happened, but on March 16th I was in St. Paul's Cathedral—I saw the prisoner there, he was sitting on a chair, when he saw me he turned white, and I took him by his jacket and said I would call the police, he said, "Don't call the police, I will give you all the money I have got, cheques, bank notes, everything"—from his boots he took some bank notes—I examined them, and he took off his coat, ran away, and put a bench to trip me up, but I got him by the neck and he did not run away any more—I held him till the police came up.
Cross-examined. I am certain that this is the man—if I saw the old man I should know him at once—I was with them for three-quarters of an hour in Oxford Street—the appointment for the next morning was made for the London Bridge House Hotel, but the prisoner met me at the station—I had told him where I was living—I am not sure whether the old man came from the door or from the other room of the public-house in Oxford Street, but we were there first—it was the old man who asked me if I trusted him—I gave the waiter at the hotel sixpence to watch them—it was less than 10 minutes after I had given him sixpence that I found the men were gone—I am not sure if the prisoner is dressed in the same clothes, but they are like them—when I saw him in St. Paul's Cathedral I think he was dressed in the same clothes as now—I was with a young lady—she is not here now—she went to call the police—I do not know if she heard my conversation with the prisoner—I told her to call the police as soon as I got the prisoner—I told him to come with me, I wanted to take him to the station—he did not say "I am not the man, on what
racecourse did you meet me"—I swear that—he did not say, "I don't remember seeing you before"—the old man had told me his name was George Thomas.
CHARLES FISHER . I am a clerk to Messrs. Glyn, Mills and Currie, of Lombard Street—on December 7th I remember prosecutor coming to the bank with another person—to the best of my belief it was the prisoner, but he has altered his appearance in some way or other—Mr. Ruggiere came to cash a cheque for £700—I gave him bank notes—I think I asked him if he was going abroad, and I said I thought it would be better if he took a draft, as it was a large amount of notes to take about with him—I did not hear the other person speak to him—the prosecutor said large notes at first, then the prisoner spoke to him, and I think advised him to take smaller ones, but I could not catch it, and then the prosecutor asked for small ones—I have one of the numbers here, it is 39820—that was a £10 Bank of England note.
Cross-examined. I was not at the police-court—I was first spoken to about this note one day last week—I have only seen the prisoner to-day—Sergeant Divall took me to see him at the prison—there were 10 or 12 people there, some were like him and some were unlike—it is my belief that he is the man—I base my belief on my memory—I see hundreds of people every day, but not several hundreds, who change a cheque for £700 and have a friend to advise them—I could not identify him in the prison yard, but seeing him here I can almost swear that he is the man—he is changed in a general way.
GEORGE CLARKE . I am manager of the clothing department to Messrs. Gardiner and Co., Commercial Road, Whitechapel—I remember the prisoner coming to us on December 13th to buy a double-breasted coat, and vest, and offered in payment a £10 note—I sold them for 28s. 6d.—that is the note, and this is my signature—I have no doubt about it—he endorsed it "T. Harris, 28, Austin Street, Shoreditch"—he made it in pencil in my presence—I have no doubt whatever that he is the man—I picked him out from some other men.
Cross-examined. I was not particularly busy on December 13th—I have only given evidence in one case before—it was about 3.45 on Thursday last—I was not present at the police-court; the sergeant who has charge of the case was present—until I picked him out I did not know that he was there, but I went there for the purpose of seeing him—the prisoner was not the only short man there; there was another man there as short as he is—it was about two minutes before I identified him—I only touched the prisoner—the sergeant did not then say, "Yes, that is he"—I walked out of the room then—I had not seen the prisoner between December 13th and Thursday last—he was not dressed as he is now—I do not identify him by his dress—the clothes I sold him were ready-made—we do not keep measures of ready-made goods—we have no notes of the dimensions to say what was the size of them.
CHARLES NOTT (139 City). On March 16th I was in St. Paul's Church-yard, and was called to the Cathedral by the prosecutor—I found the prisoner there—the prosecutor charged him with obtaining money by a trick, and I arrested him—he was searched at Bridewell, and then seat to Stonehend and there charged—he made no reply—on the way to the station he said, "Hold me tight, you have got a good job here"—I found on him four Bank of Engraving notes and two imitation cheques—one is an American dollar note, and also this blank cheque and a blank note of exchange—I also found a diamond ring and a gold watch and a chain—I left them at the station—those are they—it is a lace chain, not gold.
Cross-examined. The prosecutor called me into the Cathedral—there was a young lady, but the prosecutor called at the same time—they were about 20 yards away from each other—I did not say to the prisoner, "I have got you now"—I don't recollect it.
THOMAS DIVALL (Sergeant M). On March 16th the prisoner was charged at the Southwark police-station—he did not give any address—he said, while standing in the dock, "I will give you my address, I wish he (the prosecutor) had gone to Klondyke; go to my place as quietly as you can, my mother is ill, but you will not find a penny there"—I have tried to find the person called George Harris, at 28, Austin Street, but there is no such number.
Cross-examined. I do not know the prisoner's address now—I do not know whether he has an aged mother who is very delicate, he has refused his address—he said he did not care to give me his address as it would upset his mother—I have done my best to trace the notes to the prisoner and most of them have been changed in Paris—up to the present I have traced £180, and since he has been in custody we have not received a note—the note here is included in the £480—I can trace one other note to the prisoner, but unfortunately the man through whom it was changed cannot identify him—we cannot get the note, but the man's assistant can identify him and did so at the police-court—I was present when the waiter tried to identify the prisoner but could not, he said he was positive of the older man but not to the younger.
GUILTY .—Numerous convictions were proved against the prisoner.— Five Years' Penal Servitude.
NEW COURT.—Monday, March 28th, 1898.
Before Mr. Common Serjeant.
MR. PARTRIDGE Prosecuted, and MR. PURCKLL Defended Brewsler.
ELIZABETH MARY SPENCER . I am manageress to John Spink who keeps the West London Sunday School Union, Edgware Road—on March 4th Chappell came in for something which came to fourpence and threw down a five-shilling piece with a ring, which attracted my suspicion
—I took it up and asked if he had another; he said "No"—I gave it back to him—he said "I will go and get change," and left—a detective brought him back—I said that I was doubtful about the coin and refused to take it.
Cross-examined by Brewster You said that you had no other money.
WILLIAM BURNHAM (Detective F). On March 4th, about 3.45, I was in Edgware Road and saw the prisoners outside the Sunday School Union—Brewster walked away to the next shop and came back and spoke to Chappell who went into the shop—I walked into the doorway and saw a five-shilling piece being handed back to Chappell; he left and I followed him and said "Where is that five-shilling piece?"—he said "Who are you?"—I took him to the shop and found two good florins and 10 pence on him—he said that he thought he got the five-shilling piece in a shop where he was the night before—I saw Brewster standing there speaking to a uniform man—when he saw me coming he ran to the corner of Nutford Place, and stood peering round the corner to see if I was coming—I took him in custody—he said, "I don't know anything about the other man"—I took him to the station and found on him £ 11s. 6d. in gold, 10s. in silver, a bottle of bovril, and other articles—I charged him at the station: he made no reply.
Cross-examined. I had never seen Brewster before—this is a stationer's shop for Bibles—he said, "I do not know anything about another man"—he did not say, "I did not know the money was bad."
ELIZA WOODCOCK . I am single, and keep a lodging-house at 5, Marlborough Street, Regent Street—Chappell lodged there three or four months, up to the time he was taken—I only know Brewster by his calling there three times—the last time was on the previous Saturday—I always opened the door.
Cross-examined by MR. PURCELL. I have opened the door to him—he called in the daytime on Saturday, and he called a few days before that—I saw Chappell placed with other men of different complexions at Marlborough Street police-court, and picked him out—there were some fair men among them.
Cross-examined by Chappell. I am sure of you—I picked you out from 12 persons.
WILLIAM FREDERICK TUCK . I am employed by my brother at Bow—on September 4th Brewster and a man who I do not know came in—Brewster spoke and tendered a five-shilling piece for a bow, price 5 1/2d.—I put it between the counter and broke it, and asked him if he had any more—he was taken in custody and discharged—I had seen him a week previous with another man, but, being alone, I told him I had not got what he asked for.
Cross-examined by MR. PURCKLL. I told the Magistrate that I had seen him at the shop before, and told him everything in detail.
JOHN PIGGOTT (Policeman). On September 4th Brewster was given into my custody—he said that a bookmaker gave him the coin, and when I took him he said that his mother gave it to him—he had on him £4 in gold, 16s. in half-crowns, shillings and sixpences, and 1s. 1d. in bronze; he had plenty to pay for this 5 1/2d. bow—I took him before a Magistrate, and he was discharged.
Chappell produced a written defence stating that he met Brewster in Praed Street, and then left him and went into a shop to buy some stationery, and gave the woman a good crown piece, who looked at it and said, "Well, it may be good," and that as he left the shop he was taken into custody.
NOT GUILTY .
MR. PARTRIDGE Prosecuted.
MARY RUTT . I am shop assistant to Farthing & Co., dairymen, Islington, exactly opposite 90, Canonbury Road—I am 67 years old, and have assisted him on and off for six years—on March 17th, I was alone in the shop—Pedlar came in and asked for change for a half-crown—I refused, and he went out—I saw him go towards Mr. Hunt's shop.
CAROLINE MARKHAM . I am a widow—on March 6th, about 5.45 p.m, I had in the till a sixpence and three separate shillings—Mr. Hunt was not in the shop that evening but he was there all the afternoon—he did not examine the till with me, but I examined the coins there—the prisoner Metcalf came and asked for change for a half-a-crown and I gave him two separate shillings dark coloured and sixpence in bronze—he returned in five minutes and said "You have given me one bad shilling" and showed it to me—I said "That is not the shilling I gave you" because it was a very bright one and I gave him a dark one—in a few minutes Pedlar who I had previously seen came in and said "You gave me a bad shilling" and showed it to me, it was bright—I was alone in the shop, they abused me for five minutes and used very bad language and Wheeler came in and said "You gave them both," he had this whip (produced) in his hand and struck me across my face with the handle of it and made my face swell—my sister came into the shop and afterwards Mr. Hunt—neither of the prisoners left the shop while this was going on—I went out to find a policeman which took about three minutes—I had sold nothing nor given any one change from the time of the prisoners leaving the shop to their coming again.
JAMES HUNT . I am a confectioner of 90, Canonbury Road—on March 17th, I left Mrs. Rutt in charge of the shop near six o'clock and went out for five minutes—I examined the till first and left 3s. 6d. in it good money—the coins were rather dark they were not new shillings—when I came back I found a half-a-crown, a shilling and a sixpence there—I only found my wife and my sister-in-law there—I think all the prisoners presented themselves on different occasions—they were there when I came back and wanted their half-a-crown back, I said "You shall not have it"—I noticed a mark on Mrs. Markham's face.
Cross-examined by Wheeler. You were standing in the middle of the shop when I came in, you had the whip in your hand all the time.
FLORENCE EASTCOCK . I am barmaid at the Belinda Castle, Islington—on March 6th, Metcalf, Wheeler, and several others came in, Wheeler called for a pot of ale and put down fourpence he said that he asked the
old cow for change, she would not do so, and he struck her across the face—Metcalf came in next and said "Will you try this shilling" giving me one—I tried two and said "These arc both bad" and put the change back—Pedlar came in the second time and this conversation took place in the presence of the three—he sent half a pot to his companions.
THOMAS HILL . On March 17th, Mrs. Markharm called me and I went with her to Canonbury Road, she said that Pedlar had been to her shop to change a half-crown and that she gave him two shillings and sixpenny-worth of coppers and that he returned saying that a shilling was bad and afterwards that both shillings were bad, and that Wheeler returned and struck her across her face, which was red—that was not in Wheeler's presence—I got assistance and detained the other two prisoners at the Belinda Castle till I got Wheeler—I saw two coins in Metcalf's hands they were bright and of 1851—I saw Wheeler opposite and said that I should take him with the others in passing bad money and assaulting Mrs. Markham, he had a whip in his hand all the time—he went quietly—on Metcalf was found 9 1/2d. in bronze and two bad shillings and on Wheeler a florin and six pence and on Pedlar a sixpence and three pence.
Cross-examined by Metcalf. I said "Are you satisfied that these are your two shillings?" you said "No".
Re-examined. Pedlar said that it was not his money, he changed it for Metcalf.
CAROLINE MARKHAM (re-examined.) It was Metcalf who changed the half-crown and when he came back he suggested that one bad shilling had been given to him by me—they charged me with having given them two bad shillings, first one and then the other.
JAMES BALLARD (Police Serjeant L.) I was at the station when the prisoners were charged—Metcalf said that he had given Pedlar the half-crown to change; Pedlar said "The half-crown was his and I changed it" Mrs. Markham pointed out Pedlar as the man who changed the half-crown.
WILLIAM SNOWDON BECKFORD . I am a law stationer of 152, Chancery Lane—Metcalf brought me a 4s. piece (THE COMMON SERGEANT considered that this ought to have been a separate charge as it was only evidence against Metcalf, upon which Mr. Partridge did not press the evidence).
Metcalf's defence: I only had 2 1/2d. and my half-crown.
Wheeler's defence: I met Metcalf and he asked me to get change for half-a-crown, I came back and told him it was bad, I only had 7d. in my pocket.
Pedlar's defence: I was at work and Metcalf owed me a shilling and asked me to get change for half-a-crown, I got it at the old lady's shop and gave Metcalf the change, he said "This is a duff."
GUILTY .—Two previous convictions were prowl against Metcalf.— Judgment respited.
OLD COURT.—Tuesday, March 29th, 1898.
Before Mr. Recorder.
271. HENRY PEREZ (43) and JOHN JACOBS (41) , Unlawfully obtaining the sums of £3 and 5s. by false pretences from William Carpenter. Second Count.—Attempting to obtain from Elizabeth Mackenzie monies and to defraud.
MR. RANDOLPH Prosecuted, MR. BURNIE Defended Perez, and MR. LAWLESS defended Jacobs.
WILLIAM CHARLES CARPENTER . I am a tobacconist, and live at 402, Caledonian Road, Islington—on February 7th Perez came to my shop and said, "Do you know of a man of the name of Edmonds?"—I said, "No, go across and look in the directory, and you will find it probably"—Milvarais (that is, Jacobs) then came in and said that Edmonds had been a friend to him on board a ship, and that he had got some presents that he had brought from Russia, and he was going to make a present of them to him—Perez had the presents—when Jacobs went out Perez opened the bag and showed them to me—they were a cape, a muff, and table-cloth—those are they—(produced)—he said they were Russian sables, and beauties, and that they came from Russia—Jacobs said, "I will take them home and cut them up for a coat collar and cuffs"—I said, "Don't do that; if they are so valuable why not go and sell them?"—Perez said, "Why not take them back to the Jew who offered £8 and two suits of clothes?"—Jacobs said, "I will not let the Jews have them, I must sell them to a Christain," and asked me if I was a Christian, and I said, "Yes"—Jacobs said I could have them for £4—I said I would go across the road and see if my friend was in his house—I came back to them, and said I would give them a cheque for £4—Jacobs said, "You shall have them for £3," and I wrote out the cheque—he said he would not take them back because the duty was so heavy, and that he would let me have them for £3, instead of £4—Jacobs asked me if I would give the man (pointing to Perez) 5s., and I did so—I drew up the cheque, and Perez said, "Leave it open"—I had started to cross it, and I drew an open one—Jacobs signed his name Milvarais, and I handed the cheque to him, and they left, leaving the things with me—I then went and saw a pawnbroker in the Caledonian Road, and he made a statement to me—I showed him these articles—I stopped the cheque before that, because my wife spoke to me—she was not in the shop when I bought the things—I bought them as Russian sables, and the table-cloth was supposed to have been worked by the nuns—I thought they were real—I believed the statement that they had been offered £8 for them—they did not say anything as to their profession.
Cross-examined by MR. BURNIE. The cheque was payable to Milvarais—I understood that the things came from Russia—Perez was carrying them—I thought they were genuine—I did not know that they were hare skin—they may have been bear skin for all I knew.
Cross-examined by MR. LAWLESS. Jacobs said he had paid £8 for the tablecloth, and £15 for the the cape and muff—I did not say that at the police-court—I thought I was getting very valuable things—if I had found they were worth £30 or £40 I should not have paid back the rest—I have been in business in London since December last, and before that in the country—I cannot say that I sell Mexican cigars for Havanas—if anyone asks for a 3d. cigar they get it, and if for a 4d. one they get
it—I never get 200 per cent, profit—I sometimes get a "mug" in my shop—I began to write the cheque for £3 as Milvarais said he would give me the tablecloth as a present—I agreed for £4, and then he said I could have them for £3—I went out to borrow the £4—I got a cheque book and then he said, "No, I will take £3"—I was rather surprised, it looked very generous—I do not do that with my customers—I do business with Jews and also with gentlemen—I did not communicate with the police until I read of it in the newspaper—I had intended to do something, and when I saw the report I went to the police-court—I stopped the cheque directly after my wife came home.
ERNEST JAMES WARD . I am fur buyer to Mr. John Frith, of 177, Ladbroke Grove—I have had about ten years' experience—this collarette and muff is of Russian dyed hare—they are not sable—the retail value of the two is about 12s., and that of the table-cloth about 5s. 6d.
Cross-examined by MR. LAWLESS. We should sell the collarette and muff at about 12s. 6d., or the whole lot at about 17s. 6d.—it would not depend on the customer.
ELIZABETH MACKENZIE . I am the wife of Theodore Mackenzie, of 106, Silchester Road, Netting Hill—on February 7th, the two prisoners came to my shop about middle day—Jacobs said he had been in the neighbourhood three days looking for a retired captain who had been very good to him—he said he had asked a postman, who told him the captain had gone away, and he came to ask me if I knew him—Perez was with him carrying a long bag—Jacobs said he had met Perez at Netting Hill Station, and had given him 5s. to show him the way to find his captain—Jacobs then went across to the Latimer Arras, and Perez, stayed behind—while Jacobs was gone Perez undid the bag, and said, "I will take the liberty of showing you these lovely presents"—Notting Hill Station was about five minutes' walk—while he was showing me the things Jacobs came back, and Perez turned round and said, "I am just showing the things"—Jacobs said he had given £15 for the muff and collar, and £8 for the table cloth, and that he could not take them back because the duty was so heavy—Perez said, "Let us take them back to the man Joseph, who offered you £8 for them"—Jacobs said, "I will not take them to Joseph, he is a Jew"—he then said, "I will let you have them for £2, as I cannot take them back"—he said he would let them go so cheap because he could not find the captain, and had to catch his ship at one o'clock—he was almost crying—I said I would not take them, because I never would buy anything without my husband's consent—Perez urged me to take them as they were so cheap—I refused to take them, and they left—Constable Stephens came to my shop, and I made a statement to him—those are the articles they brought (produced).
Cross-examined by MR. LAWLESS. I did not see that they were Jews until just before they left my shop—I thought there was something wrong then—I am not a judge of furs; I don't think my husband is.
JOHN STEPHENS (133 X). I was on duty at about 12.30 noon in Silchester Road, on February 7th—I saw the prisoners there—they were coming from the direction of 106, Silchester Road—I spoke to Mrs. Mackenzie, and then went to the Latimer public-house—they were in the private bar—I called them outside and said, "I believe you have some
things for sale?"—they said "Yes," and I said I wanted to see them—Jacobs went and fetched them out of the private bar; they were in a sailor's bag—I said I wanted to see them, and he produced a muff and a cape—I did not say anything then as to what the lady had told me—Jacobs said they got them from Russia, and had paid 16s. 6d. for them—I said, "Why did you go round and tell the lady at the shop that you were looking for a captain who lived in Silchester Road, who had been very kind to you during your stay on board one of his ships? that you had these things as a present for him, and had bought them in Russia, and had given £23 for them? that you had met the other man at Netting Hill Station, but that as you could not find the captain she could have them for £2?—he said, "We must tell them something to get a living"—Jacobs said that Perez was present—they said they had been looking for three days in the Silchester Road.
Cross-examined by MR. LAWLESS. I did not make a note of this conversation.
The Prisoners' statement before the Magistrate—Perez says: "I am innocent, and I reserve my defence." Jacobs says: "I am not guilty, I reserve my defence."
GUILTY .— Nine Months' Hard Labour each.
MR. HARRISON Prosecuted.
SIMON DENTON . I am a bootmaker of 26, White Lion Street, Bishopsgate—on January 19th, I sent my boy away with a barrow and 104 pairs of boots—he returned in the evening and said something to me—on February 25th I was taken to Bow Street and saw the prisoner in custody and charged him with stealing the goods—he said he knew nothing about it—I have not recovered any of the property.
JACOB ABRAHAMS . I live at Baum Street Buildings, Spitalfields—on January 19th I was going with a barrow and 104 pairs of boots towards High Holborn—I was going to the Harrow Road—I started about three o'clock and got to High Holborn about 3.30—close to the Royal Music Hall the prisoner came and said "Will you run over to Mr. Isaac's the fruiterer's and get a funeral wreath, and bring it up to Mr. Pintoe's"—I had never seen him before—I could see the shop from there—it was only about 12 yards away—I said, "Who will mind the barrow?"—he said "I will go and see what the boy is doing"—he went away—he was dressed in black—he came back and said the boy was having his tea—I then left the barrow with him and ran over the road—I was only away about a minute—I did not get the wreath—they told me to go to another place but I did not—when I got back the prisoner and the barrow were gone—I went upstairs and made inquiries, and then told the police—on February 25th. I went to Bow Street police-station and was shown 10 men, and I picked out the prisoner—I charged him with having stolen a harrow and 104 pairs of boots—he said he never saw me before—I did not know anything about his powers of hearing, he seemed all right—when I was talking to him in the street he got close, and put his ear to me as if he was rather deaf.
Cross-examined by the prisoner. I knew you by your face—I identified your face by a photograph I saw at Bow Street.
By the COURT. I was shown about 18 photographs, they were in a book, I turned over the pages till I found him.
Cross-examined. I picked you out by myself—you were dressed in black, not as you are now.
By the JURY. I should not leave the barrow as a rule, but the man looked respectable—I have been asked to do it before.
Re-examined. I gave the description of the man before I saw the photograph.
JOHN COLLINSON (Detective). About twelve o'clock, on February 25th, I was on the top of a tramcar in the City Road—Detective Nevill was with me—I was in plain clothes—I saw the prisoner on the footway—I got off the car, told Nevill to walk in front, while I followed behind, the prisoner saw me and ran away—we ran after him for about 150 yards—he ran into the arms of a policeman—I said, "You are wanted for stealing a barrow containing some boots"—he said, "I know nothing about it"—I took him to Bow Street—I have spoken to him several times, he is rather hard of hearing.
Cross-examined. You could not have got away if you had wanted to, I was on the top of the tram and you were on the kerb, but you did not wait till I got down—you went across to East Road and we came up behind—you kept looking back—we got behind a van—I don't know why you ran away—I knew you—you told me you had been through the City and could not see anything to take, and were making your way home—you said you had not been in Holborn for months.
By the COURT. He tried to get away—Nevill went to get in front and he rushed back and pulled my nail back, nearly got run over, and ran into a policeman's arms—he was dressed exactly as he is now.
EDWARD DARBY (Detective E). On February 14th I showed the boy Abrahams some photographs and he picked one out—on February 25th I arranged for him to identify the prisoner, he was placed in the charge-room at Bow Street station among 10 other men who I had got from the street, they were apparently in the same class of life—Abrahams was brought in and identified the prisoner—he was then charged and then said, "I know nothing at all about it, the witness has made a mistake, I know nothing about it, the man he wants was dressed in a suit of black clothes, I have only these I am now wearing"—the date the prisoner was wanted was January 19th—the description this boy gave exactly fitted this man.
The prisoner's statement before the Magistrate: "I had never seen the boy in my life before."
The prisoner, in his defence, stated that he avoided the detective as he was afraid he would arrest him for loitering, and that if the boy had not been shown the photograph he could not have picked him (the prisoner) out.
GUILTY —There were numerous previous convictions proved against the prisoner— Three Years' Penal Servitude.
MR. KENDRICK Prosecuted, MR. HUGHES Defended.
JOSEPH FAULKNER . I am 13 years old—I live at 16, Hogarth Avenue, Cheswick—on March 3rd I was playing outside the gates of Providence House, Hogarth Lane, and calling Mr. Wood "Old Daddy Wood"—I did not think he would like it—Samuel Wiltshire was with me—he pushed open the gate of the garden—he is nine years old—it was a little door that leads to the front of the house—it is nearly nine feet high—a gun went off—I had been there from just after two till just before three p.m. with about four others—I had not shouted after him before—his wife told us to come round the gate and call after him—when the gun went off I felt something come in my face and arm and on my head, and it started bleeding—I ran home—I saw Scanlan wounded—he is six years old—I did not fall—I saw a lot of smoke.
Cross-examined. Some of the boys were there from about twelve o'clock—we were not shouting all the time—there were 40 or 50 boys there—Wood did not come out and tell us to go away—the boys shouted and started throwing mud and stones—I did not throw at the windows, the stones hit the wall—I did not throw stones—I threw mud—I did not say before the Magistrate that Wood told us to go away—nine or ten boys pushed the gate—we pushed the big gates down just before two o'clock—we went home to dinner—we were not doing it more than three or four minutes, not from 1.30 to three—the boys went to school at two o'clock—we did not throw bricks, there were none about there—I have heard that Wood prosecuted one boy—I did not know the gates were propped up—this was the first day I was there.
Re-examined. There is a school near and children about—I have not been whipped for doing this—there were four boys there when Wood fired.
WILLIAM HUXLEY . I am a labourer of 40, William Street, Chiswick—I know the prisoner lives at Providence House, Hogarth Lane—on the afternoon of March 3rd I was coming back from the waterworks at Hammersmith—I saw 20 or 30 boys (children), not 50—I said before the Magistrate there were 50—I did not count them, there were a lot; there might have been 30 to 40—I fastened the gates—I spoke to Faulkner to get him away—I did not see them throw stones over the wall—I said before the Magistrate "I had also seen them throw stones and bricks over the wall, and they hollowed 'Old Daddy Wood' as loud as they could"—that was afterwards—there were no bricks—I was employed outside Providence House about 2.30 or 2.45—I heard a gun fired and screams and I saw Wood with the gun resting on his feet—I saw Scanlan—I could not see his face for blood—I took the gun away—Wood said, "I have been and given them pepper," or "he has got pepper," and "I do not suppose they will trouble me any more"—the boys seem to have driven the man melancholy by their annoyance.
Cross-examined. I reckon they were throwing stones and bricks for 15 to 20 minutes, and shouting out "Old Daddy Wood"—nearly all Wood's windows had been broken—I made Wood drop the gun—Wood was bleeding from the left wrist—I am 32 next August—I have not been prosecuted nor anyone connected with me by Wood—I have six children and nephews—a young chap lives in the house—his name is not Huxley
—I did notice Wood shoot—he opened the door sharp enough—he looked worried and melancholy.
FREDERICK CHARLES DODSWORTH . I am Divisional Surgeon of Police at Chiswick—I examined the boy Faulkner on March 3rd—I found a small shot on the upper part of the scalp of the head and one on the right side of the jaw, just at the angle, and one in the right shoulder—the wounds were not deep—they were not dangerous unless erysipelas set in—he is now perfectly well—I also attended Scanlan—I found a superficial wound on the right temple, on the right shoulder of the leg, and on the stomach and chest: seven or eight wounds altogether—I believe a full charge of powder would have knocked the boys down—these boys were not knocked down.
Cross-examined. I have attended the prisoner for several years—he had been annoyed by boys—I have heard that he has prosecuted boys—I have attended him for erysipelas—he has written to the vicar of the parish about the boys, and to the police I have heard—the annoyance was systematic, I would not say from day to day—he is about 70 years of age and might act impulsively—he is of an excitable temperament.
Re-examined. I can hardly say the prisoner did not know what he was doing when he fired.
On Samuel Wiltshire being sworn, the JURY intimated they believed the prisoner under great provocation intended to frighten and not to injure the boys, and desired to hear no more evidence.
NOT GUILTY .
NEW COURT.—Tuesday, March 29th, 1898.
Before Mr. Common Serjeant.
274. ALFRED THOMAS MARTIN (19) PLEADED GUILTY to stealing, while employed in the Post Office, a letter containing a silk handkerchief, a brooch, and other articles, the property of H.M.'s Post-master-General.— Nine Months Hard Labour.
MR. PARTRIDGE Prosecuted.
KATE CHITTY . I am assistant to Thomas Galloway, a confectioner, of Fulham Road—on March 12th, about 9.30, the prisoner came in for a pennyworth of French nougat, and put this half-crown in my hand—I said, "This is very light"—the owner of the shop came, and I said, "Will you look at this coin, please"—he asked the prisoner where he got it—he said for his work in the King's Road, and they both went off together.
Cross-examined by the prisoner. I did not ask if you had a penny—I said, "Have you anything smaller."
THOMAS GALLOWAY . I am a confectioner, of 600, Fulham Road—I heard the bell ring, and saw the prisoner in front of the counter—I had the coin in my hand, and asked where he got it—he said for bis week's work, and mentioned where it was—I went out with him about 50 yards
and he bolted—I called, "Stop that boy"—I was not there when he was stopped—I met a constable, and gave the coin to him.
ARTHUR THOMAS (216 J). I was off duty at 9.40 p.m.—I heard shouts of "Stop that boy!"—I saw the prisoner running very fast, and called "Stop"—he did not stop, and I threw my cape at him and knocked him down—he got up and ran again—I said, "What did you run away for?"—he said that he did not know—I took him back, and the prosecutor charged him with uttering counterfeit coin, he made no reply—he said, "Had I known you were so 'slick' I would have gone to another place"—18s. 6d. in silver and bronze was found on him in good money—I asked where he lived, he said "I can't tell you"—he was put among other boys at the station, and Jones pointed him out—the two shops are half a mile apart.
ELIZABETH MAUD JONES . I am employed by John Edwards, a milk dealer, of 32, Kings' Road—the prisoner came in between eight and 8.30 for a glass of milk, and gave me a half-crown—I was alone in the shop—I had no other half-crown; there was a bruise on it and it was a bad colour—I gave him the change and he left—I afterwards gave the half-crown in change to a customer, who brought it back the same night, and I recognized it—my master was called and examined it.
Prisoner's defence. I am a newspaper boy; I took about 13s. 6d.; I did not know the money was bad.
GUILTY .— Six Months' Hard Labour.
279. RICHARD HENRY SIDLEY was again indicted with JAMES MORRIS (20) for burglary in the dwelling-house of Thomas Budd Musgrove, and stealing forks, spoons, a ring, and other articles his property, to which
SIDLEY PLEADED GUILTY . A Second Count charged MORRIS with receiving.
THOMAS BUDD MUSGROVE . I am a butcher of Kentish Town—on this morning my servant spoke to me, and I went down stairs and found that the house had been entered—I missed from the dining room knives, forks, spoons, jewellery, and other articles—these articles produced are mine—I fastened up the house the night before.
ELIZABETH TOVEY . I am servant to Mr. Musgrove—on February 24th about six am. I came down and saw the dining room door open, and the door into the shop and the garden door—there is a garden and mews at the back—I went upstairs and then heard footsteps downstairs of more than one man, and herd a door slam, and when I went down one door was shut.
Hornsey Road—the prisoner, Morris, pawned these spoons and forks with me for 8s. in the name of J. Thomas.
JOHN CRONIN (Police-Sergeant 5 YR). I am stationed at Upper Holloway—on March 6th Sidley came and gave himself up and made a statement, in consequence of which I went with Nichols to 20, Commercial Road, and awoke Morris, and said that I should take him for burglary with Sidley—he said that he knew nothing about it—he was charged and made no reply.
ALFRED NICHOLS (Police-Sergeant Y). I went with Cronin to Commercial Road and arrested Morris, and said that he would be charged with a man in custody for breaking into Mr. Musgrove's shop—he said that he did not know Sidle—I took him to the station, and as soon as he caught sight of Sidley he said, "This is all right, Dick, passing this on me."
Morrit' statement before the Magistrate: "It is the first time I have been charged with felony, and I will take good care it is the last."
Evidence for Morris' defence.
ELLEN MORRIS . I live with my husband, a labourer, at Upper Holloway, and work at a laundry—Morris is our son and lives at home with us—he was never out all night—I have three sons and I generally stop up till they are in bed—I get up and get their breakfast—some of them get to work at 7.30—I fetch them from the public-house every night and wait up till they have gone to bed.
Cross-examined. I did not see this silver—I have seen my son and Sidley together and mother-like I tried to keep him away from Sidley and threatened to "put him away" and so did his father—he has been out at night but he does not go further than the Marlborough.
Morris' defence. On February 25th I was the worse for drink and met Sidley who asked me to pawn these things: he did it out of spite because my father and mother threatened to put him away.
GUILTY on the second count . The police stated that Morris was the almost daily companion of convicted thieves and had given some of the stolen articles to Sidley's sister to pledge.— Judgment on both prisoners respited.
MR. PARTRIDGE Prosecuted, and the evidence was interpreted to the prisoner.
WILLIAM ASHTON . I help at a fruit-stall in Farringdon Road—on Saturday, February 26th, the prisoner asked for three oranges, which came to 1d., and gave me a shilling, I gave it to my master, Mr. Wells, who found that it was bad—the prisoner put the oranges down and walked away—I went to the police-court three days afterwards and pointed the prisoner out from five elderly men, I am sure he is the man.
CHARLES RICHARD WELLS . I keep a stall in Farringdon Market, Ashton is my assistant, he gave me a shilling on Saturday night, February 26th, I broke it in half and told the man to take it where he got it—I cannot tell exactly what kind of man he was.
ELIZABETH GATNEY . I help my father at a stall in Exmouth Street—I shall be eight years old in June—the prisoner gave me a shilling which I gave to my father—he spoke English to me, he said, "A pennyworth of oranges."
JOHN GATNKY . I keep this stall in Exmouth Street—my little girl gave me a coin on this night—I tried it with my teeth and found it was bad—I never moved from the prisoner's side till I gave him in charge.
Cross-examined by the prisoner. There may have been two or three other boys round the stall.
HARRY RITCHER (Policeman). The prisoner was given into my custody at Gatney's stall—I searched him at the station and found on him 14 shillings and four sixpences—he said in English "I don't know how I got the shilling ".
Cross-examined. I did not hear the inspector ask you where you got it.
Witnesses for the Defence.
Cross-examined. He always stands outside my shop with his barrow all day—they sell ice-cream in winter—he went away at nine o'clock and we went and had a drink—I did not tell the Magistrate he was there, he did not ask me.
THOMAS FAROLILI . I get my living by selling ice milk—the prisoner lodges with me at 100, Allen Road—on Saturday, February 26th, he came home at 9.15 and said "You can boil that milk"—he never came back.
Cross-examined. His stall is just round the corner from my place—I heard on Sunday morning that he was locked up—I went to the Magistrate but did not tell him, because nobody can speak to a Magistrate.
Prisoner's defence: I am not guilty of the second charge and the first charge I know nothing about.
NOT GUILTY .
OLD COURT.—Wednesday, March 30th, 1898.
Before Mr. Justice Ridley.
MESSRS. C. F. GILL and HORACE AVORY Protecuted, MESSRS. HUTTON
and GORDON Defended.
The evidence was interpreted by Francis L. Trembicki.
ADELE WALSOWSKI . I am a single woman—I went to 1 ve at 115, Brick Lane, before Christmas last—I understand English a little—I lived there up to February 5th, in the front room, third floor—the deceased, Olga Wisoska, lived with me in that room—I paid rent to her, 2s. a week—two men named Paul and Clement live in the same room—there was only one bed there—two others named Isodore and Theodore lived in the back room—they all four paid rent to Olga—Olga and I
sometimes went to visit them in the back room—I cannot say whether Olga was a friend of Theodore's—I first saw the prisoner there on the Friday afternoon, in the back room, third floor—he was talking to Olga there, I was there with them, I afterwards went out leaving them there, they were talking in German—I don't understand German—they appeared to be on perfectly friendly terms, he tried to kiss her but she would not let him—I had heard something said about Olga going away at that time—I can't say when I first heard of that, it was in the same week—I can't say on what day—Olga told me about it herself—she said she was going to live with the prisoner—I knew she had a dress material and a hat bought her by the prisoner—she told me so herself—I was going to leave the house on the Sunday following—on the Saturday I was at home all day—I know a man named Kin—I did not know that he worked for the prisoner—he used to come every evening to the restaurant to have his supper—he came up to our room on the Saturday evening about four—Olga was there—I know that he went to bed when it was hardly dark—the prisoner came in while the three of us were there, and 'he and Olga were talking together in German—they were on friendly terms—shortly after she put on her hat and jacket, and they went out together—she asked me to stop at home while she was out, that the prisoner was going to buy her a ring—soon after they had gone out Kin also left, and Michael also left for a Kttle—he came back—I then laid down on the bed in the back room—there was a lamp alight—Isodore was the next person who came in—Olga was the next—she brought with her some tea and meat, and also a box with some booty—she also told me he had bought her a ring—she told me that he had bought her these things—she and I went out together to a public-house at the corner on the other side of the bridge—when we went out Olga locked Michael in his room and took the key with her—at the public-house we found Theodore, Isodore, and Clements—Olga asked them to come home, and they all three came to the house—the prisoner was then in the restaurant below—I can't say whether he was alone—I did not see him—Olga told me he was there drinking some coffee—Olga was going to leave on the Monday—I knew nothing about her going to leave on the Saturday—when we came back to the house we all went upstairs together to the back room—I did not think the prisoner was waiting to take her away—Olga told me that she expected him—when we all got into the room I sat on the bed, Olga sat on a chair by the side of me—I forgot to say that when we had returned to the room Clement paid Olga two shillings rent—then, after a while, Theodore, Isodore and Clement came along down stairs—nothing was said about why they were going—as the prisoner was coming up I heard him say "Good evening" to the boys, when they were on the landing—I did not see him; I only recognized his voice—there was no light on the staircase—judging by his voice, I should judge he was on the third floor landing—when he said "Good evening," Olga said, "Oh! here comes Karacheski; what does he want here?" I don't remember her saying anything else—I think she said "What the devil does he want to come here for"—she was very bad tempered about his coming—she spoke of the three men as the "boys"—they are all younger
than the prisoner—Olga called him "the widower"—she used to say "I have got a widower"—when she said "What does he want up here," she asked the boys "to throw him down stairs"—directly after I heard the prisoner say "Good evening" there was a great noise, they were fighting on the landing—they were all shouting—I ran out of the door and shouted "Oh, they are fighting"—I saw the prisoner fire a shot and Clement fell to the ground, they were all standing in a heap struggling together before I heard the shot—Olga had ran out with me and we ran back into the room and the others also—Theodore shut the door—the prisoner was left outside—the others were holding the door to keep him out—there was a handle to the door—it opened from the outside, there was a lock inside—they did not lock it because the key was gone, it must have fallen out—the prisoner was hammering at the door—he called out "Mrs. Wysoska, Mrs. Wysoska, come out all of you, or I will shoot the lot of you" and directly after he fired—nobody answered, they all remained quiet—I was injured by the first shot in the arm—I then left the door and went and lay down on the bed by the side of the door—directly afterwards a second shot was fired and I was Olga turn pale and sink to the ground, and Theodore called out "Mrs. Wysoska, Mrs. Wysoska," but she did not answer a word—both the shots that struck me and Olga came through the door—Theodore was still holding the door, when the prisoner burst the door open and came into the room with the revolver in his hand—I saw Theodore catch hold of his coat and I shouted "Theodore he has got the revolver in his hand"—he was holding it as if ready to fire—I can't say that he was pointing it, because Theodore was wrenching it out of his hand; almost directly Isodore went under the bed—Theodore got the revolver from the prisoner—some policemen then came up and I went out of the room—I can't remember what was done to the prisoner, or how his head got knocked—I caught hold of him, the police came up directly after—I can't remember whether another shot was fired after the prisoner came into the room—I did not hear him say anything more about Olga after he came in.
Cross-examined. I was sitting down by the bed when he came in, and I jumped up directly—I cannot remember whether Isodore was then under the bed—I cannot remember all the present the prisoner had given Olga—he gave her a sovereign on the Friday—she did not tell me that she had sworn to live with him—all she said was, "I shall go up to him, and I might go or I might not"—she said, "What does he want to come to me for when he knows I am a married woman and have a husband in America"—and she said, "I have got the lodgers to throw him down. stairs, he shall not come again, I have got a nice young man who is buying me a lot of presents'—she said that just before she went to the public-house—she said "Let us go out; and leave the boys till we come back"—she distinctly told me that she would go and fetch the boys to push him downstairs when he came—she appeared to have an appointment to meet the boys at the public-house—when she arrived at the public-house she called them from the bar and said she wished to speak to them—she said, "He has bought me everything I want; come along home!"—that was said to Theodore—I was in front of them as they walked home—I
did not hear what they were talking about; I heard the prisoner's name mentioned between Olga and Theodore—we all five went straight upstairs into the back room—we were not in the room more than 10 minutes before we heard the prisoner's voice outside—I did not hear his steps on the stairs; they are wooden stairs—just before the men went out Olga said, "Push him downstairs"—just before she said that he appeared, but nobody knew it was him—when they were outside I heard the prisoner say, "Good evening," in a pleasant voice—the quarrelling commenced immediately after that—then he said, "Come out and I will kill the lot," and after that the shot was fired.
JULIUS KIN . I am a cabinet maker—I work for the prisoner, and live at 113, Brick Lane—I know Olga; she used to visit next door, 115—I went there one day with the prisoner to the restaurant; it was on a Sunday—I can't tell the date—it was two or three weeks before this Saturday—I had spoken to him about Olga before that—when we got there a little girl was sent up to bring Olga down—she came down, and the prisoner met her—they spoke together—he was pleaded with her—I joined the prisoner again a few days afterwards, and saw Olga—we went to the cook shop, and afterwards into the back room, third floor—and he asked her to come to his house—she said she wanted a hat, and he gave her a pound—he spoke to her about coming to live with him as his housekeeper—she was to come on February 15th—she appeared willing to go—she swore that she would go—he told me he had bought her some dress material—he saw her on different days after that—he told me on the Friday he had seen her, and he spoke about her looking after his children, and that she had a sewing machine, and she would be able to make their clothes, and he told me that he would engage a van to cart her things away—I heard that they were living on the third floor, at 115—I did not see them there—he did not speak to me as to its being likely to be any trouble about her coming away, I did not think anything about it—I don't remember whether I said anything to her about it—on the Saturday afterwards she said that one of her lodgers had not paid his rent—she mentioned his name, and said that he was going away—it was settled that she was to come and live with the prisoner about seven or eight on Saturday evening—that arrangement was made with the prisoner when he saw Olga, on the Friday, and the prisoner told me that when he returned to the workshop, and he asked me to be there, and help—on the Saturday about 3.30 or four I saw the prisoner and Olga go out for a walk together—I went away and came back about six and went into the cookshop—I saw the prisoner there alone having some coffee, he asked me to have some—he afterwards went out and went upstairs—I afterwards heard someone call out for the police—I went out and called for the police, the police came into the passage, and I heard four shots fired—the police would not let anyone go up—I had seen the prisoner with a revolver, he said it was broken and he was going to take it out to be repaired—about 10 minutes elapsed between the cry for the police and my hearing the first shot—the prisoner afterwards said that Olga had gone upstairs to get supper, and as she had not come down he went up—he and Olga were then on good and affectionate terms.
At this stage of the case consultation took place between Counsel, and in the result the prisoner stated that he desired to plead
GUILTY to Manslaughter, and having so stated the JURY that verdict .— Ten Years' Penal Servitude. There were other cases against the prisoner which were adjourned to next Session.
NEW COURT.—Wednesday, March 30th, 1898.
For the case of Charles Cramer, tried this day, see Kent cases.
THIRD COURT.—Wednesday, March 30th, and
OLD COURT.—Thursday, Friday & Saturday, April 1st & 2nd, 1898.
Before Mr. Common Serjeant.
282. JOSEPH ANKER (38), BEILE FEIERSTEIN (36), and JAMES SMITH (29) , Unlawfully conspiring together to procure Rachel Lasken to become a common prostitute. Another Count against SMITH for unlawfully procuring her and others to have unlawful carnal connection with himself and others.
MESSRS. CHARLES MATHEWS and GUY STEPHENSON Prosecuted.
MESSRS. GEOGHEGAN and SYMONDS defended Anker and Feierstein.
NOT GUILTY .
The details of this case are not fit for publication. Other indictments against the prisoners were adjourned to the next Session.
OLD COURT.—Thursday, March 31st, 1898.
Before Mr. Justice Ridley.
283. ISRAEL KCENIG (63) , Having in his possession, without lawful excuse, a certain paper upon which an undertaking for the payment of 100 Russian roubles was printed. Second Count—Obtaining £40 by false pretences from William Ford, with intent to defraud.
MESSRS O. F. GILL and ARTHUR GILL Prosecuted, and
WALTER DINNIE (Police Inspector).I received some information about October with regard to the prisoner and a man named Laterner—who is not in this country now—I went to a house at 8, Bury Street, St. Mary's Axe, and saw the prisoner leave it—I knew Laterner by sight; I saw him near this house with the prisoner—about October 24th, Laterner left England, within a day or two of that date—I have seen the prisoner since then, I knew he was living in the East End—on February 16th, I visited the Chatham and Dover Railway Station, about, 12.15, and on my way there I passed along Victoria Street and turned down towards the left—when I got near the station I saw the prisoner at the bottom of Victoria Street—I stopped and watched him, he was apparently looking at the shops—I lost sight of him and then went on to the station, and transacted my business there—I had to meet two of my plain-clothes officers at Vauxhall Bridge Road—I arranged that we should go to the Underground Railway Station to see if the prisoner would turn up again—we then returned to the station and saw the prisoner crossing the road, coming towards me—I stopped him just before going down the steps to the
Station, and said to him, "Your name is Koenig"—he said, "Yes"—I said, "We are police officers"—he said "Yes, I know, this is all spite, I have got it and you know who gave it to me"—he handed me some papers, including a Russian bond which he took from his vest pocket—I have it here (produced)—there were also some coupons—I examined the bond and said, "You will have to give an account of your possession of this bond"—he said, "Yes, it is all a piece of spite"—I took him to Rochester Row police-station—I showed him an envelope which he had handed me with the address, Mr. Koenig, 3, Eastbury Terrace, Berinondsey Mile End—I found on him a five rouble note and a small Russian revenue stamp (produced)—it is as I found it—I left him at Rochester Row—I then went to Eastbury Terrace—I had some difficulty in getting in for about 15 minutes—I went in and found a £50 Bank of England note, six £5 Bank of England notes, one five rouble note, one 50 franc note, one letter with the name and address torn off, all in the back bedroom on the first floor, and a number of other papers—I then returned to the police-station and saw the prisoner—I said to him, "I am about to ask you some questions as to how you became possessed of this bond and these notes, but any answer you give may be used in evidence against you"—he replied, "I quite understand"—I said, "Where did you get this five rouble note"—he said, "I bought it from a Russian two or three weeks ago in Whitechapel"—I said, "Can you give me his address"—he said, "No, I gave him 10s. for it in a public-house, he was a stranger to me"—I said, "And where did you get this bond"—he said, "I got it also from a Russian, but not the same one, a few weeks ago in another public-house, he gave it to me to sell for him"—I said, Can you give me his address"—he said, "I don't know it, and don't know where you can find him, I have had it several weeks"—I asked him how he got the bank notes—he said he got the £50 note at the Bank of England in exchange for a £100 note, and the £100 note he got abroad—as to the six £5 notes he said, "I got them for gold, you can always exchange notes for gold"—pointing to the five rouble note and the bond I said, "Are these documents genuine"—and he said, "Yes, certainly." He was charged at the station with having a Russian rouble bond in his possession and not giving a satisfactory account of it—the charge was read to him—he said, "It is all a piece of spite, I got it from a man name Jim a few minutes before you saw me." I had not seen him in the company of anyone on February 16th.
Cross-examined. I think there were four remands in the case extending over about a month—the prosecution was conducted by the Treasury—the whole of my story was not told on one occasion, there was an interval between the first and second part of it—I did not give any evidence with regard to the instances in October, I did not think it necessary—I do not think I mentioned the name "Laterner"—I did not refer to the letter or to the stamp before the Magistrate—when I was at Victoria Station I saw Koeing looking into the shops, and lost sight of him after having seen him for about ten minutes—I did not see him again for about 25 minutes or half an hour, not much longer, it might have been 35 minutes—I saw him about twelve o'clock, and kept observation on him for about 15 minutes, and the next time I saw him was about one o'clock—I then spoke to him. There
were three public-houses near the spot—he then made the statement about it being spite—he produced the papers and amongst them the bond—I did not find the five rouble note till I got to the station—I mentioned the bond before I got to the station—I had it in my possesion before I went to search the house—he made the first statement about one o'clock and the second at six in the evening, and I wrote the statements down in less than an hour afterwards—the statements were not written down a few minutes ago, I will pledge myself to that—after making the statements he was charged, less than five minutes after—he said, "I had not had that bond two minutes, the man has done this for spite"—it was then that the name "Jim" was mentioned—I believe it was "Jim"—I will not swear, it might have been James—he said he did not know who he was—the name James Joyce was suggested—I went to an address at Hammersmith but cannot find the man.
Re-examined. I made this report on the following morning, February 17th (produced)—I was examined on that day at the police-court, and the case was remanded till March 3rd—on February 16th the other officers were with me—I do not know who had given the prisoner the bond.
ROMAN DE PLEIFFER , I am chief of the Russian State Paper Manufacturing department—the Russian bonds are manufactured there under my super vision—this 100 rouble bond is forged—the value of a genuine bond is about £28 English money—this stamp is genuine, but has been used once, and the marks of its use have been removed for the purpose of a second use—its value is about 1s. 7d.—I know German—I can read this letter (read).
Cross-examined. A rouble is worth about 2s. in English money.
The prisoner's statement before the Magistrate: "I reserve my defence, and call no witnesses."
The prisoner received a good character.
— GUILTY .—Recommended to mercy by the JURY on account of his age.
(The police stated that he had been in the company of Latemer, who is now in custody abroad, and that he was known to have been an associate of forgers for the last 20 years).— Three Years' Penal Servitude.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. METCALPE Prosecuted, and MR. HARRISSON Defended.
During the progress of the case the prisoner stated that he was
GUILTY, upon which the JURY found that verdict .— Discharged on his own recognizances
MR. METCALFE Prosecuted, and MR. PURCELL Defended Alcroft.
ALFRED ALLEN . I live at Bonnydown Road, East Ham, and am a collector—on March 15th, at 11.30, I was in Tidal Basin Road, and on leaving No. 91 saw the three prisoners—Towner said, "We want some beer," I said, "I have not any beer to give you"—he struck me, and before I could fall they got me by my shoulders, and two of them got my hands behind me and tried to throw me on my face; several blows were given me behind, across my shoulders and neck; they put their hands in my pocket; I had about 12s. 3d., and Host 5s. 9d. Mrs. Ward came up while we were struggling and began to speak to them, which attracted their attention so that I liberated myself and went back into No. 9 and remained there while you could count 15—and when I came out I saw the three prisoners assaulting Mrs. Ward and calling her filthy names—a constable came up shortly afterwards and I went with him to the Gibraltar Tavern and saw the three prisoners in front of the bar—I pointed out Towner and the constable took him—I went to the station leaving the two others there—I suffered pain in my jaw for some time afterwards.
Cross-examined by Roach. I charged you all three, and said that you were the one who struck me on my jaw—I got locked up for two hours—I remained in the station till 8.30.
Cross-examined by MR. PURCELL. This was at 4.15 p.m.—there are omnibuses and shops there—the prisoner came up about seven minutes from the time I was first assaulted—there were about 50 persons there—I was there when the lady took out a revolver—only one chamber was loaded—when the crowd saw it they got round a corner—it took the prisoner and I 10 to 12 seconds to get to the Gibraltar Arms—there were about eight men in the bar—I saw Alcroft there—the tidal basin is six or seven minutes' walk from the police-station—I did not go back to the public-house, I stopped a couple of hours at the station as I was rather upset.
ALICE WARD . I am the wife of William Ward, of 15, Tidal Basin Road—on March 15th, I went to my street door, and saw the three prisoners outside the Gibraltar—Mr. Allen came out of No. 9—Towner said something to him, and gave him a blow and stunned him—Towner went from one pocket to another—I walked up to them, and called them a lot of dirty thieves, I was not a bit afraid—they commenced abusing me, and punching me, and telling me I was always thwarting them in their business—I called a constable, and said to the prosecutor, "Go into my house, I will see to this lot"—they said that they would kill me, and pull my house down over my head—I said, "It is impossible in a Christian country"—I went indoors and got a revolver, and told them if they did not desist I should fire—I saw them go into the Gibraltar—I know them well.
Cross-examined by Roach. I saw you put your hand in the prosecutor's pocket—you did not get into my house, only into the passage—you tried to knock the revolver out of my hand.
Cross-examined by Towner. I saw you strike him—you pinched me and gave me a blow on my back.
Cross-examined by MR. PURCELL. A great many people did not come to look on—I was left by myself—Allen was set upon outside No. 9, and this did not take more than a quarter of an hour—the houses there are principally factories—I had often seen Alcroft before—Allen was at No. 9 after they chased me into the passage, and I was at No. 12—my husband keeps a laundry.
DANIEL HARRINGTON . I am a sailor, and live in Mrs. Ward's house—I came out and saw her and the three prisoners arguing, and saw Roach and Alcroft hit her—I knew them by sight before, and recognized them—I saw Mrs. Ward come down with a revolver—Allen came into the passage followed by Towner—on my coming up they went out of the house—I did not see where they wept.
Cross-examined by Roach. I was standing at Mrs. Ward's door and saw you strike her on her back outside the Gibraltar—I did not see you strike Allen—I was not there then.
Cross-examined by MR. POUCELL. When I came to the door all three men and the lady were arguing together—there was another man round the comer—I have been in the neighbourhood six years, and have visited the public-house the men attacked Mrs. Ward and then ran into the passage, and I drove them out, but me and Roach had a bit of a tustle in the public-house—I go voyages to the United States, and am away about six weeks—I have known Alcroft four or five months.
ROBERT TEESDALE (602 K). On March 16th in the afternoon I was on duty in Tidal Basin and heard cries of "Police"—Mr. Allen complained to me and I went with him to the Gibraltar Tavern and saw the three prisoners together, he said, "Those three men assaulted and robbed me"—he pointed to Towner as the one who struck the blow, and I took him, as I knew the other two.
THOMAS HOLT (Police Sergeant 89 K). I arrested Alcroft on the early morning of March 16th in Rathbone Street and told him the charge—he said that he knew nothing about it—when he was charged he said "I was there but I did not assault any one."
Roach's defence: I was in a public-house and the prosecutor came in and the prisoner after him. I know nothing of these two prisoners I came out of the public-house and saw a crowd. The woman had a revolver and I tried to knock it out of her hand, that is all.
Towner's defence: I was never in the public house.
They all three then PLEADED GUILTY to previous convictions. Roach at Chelmsford in April, 1893; Towner at the Mansion House on June 30th, 1897; and Alcroft at Clerkenwell on December 17th, 1883. Eight other convictions were, proved against Roach, and three against Towner.—ROACH— Seven years' Penal Servitude; TOWNER— Three Years' Penal Servitude; ALCROFT— Eight Years' Penal Servitude , THE RECORDER directed £3 reward to be paid to Mrs. Ward.
Before The Recorder.
The prisoner stated that he was
GUILTY of the attempt , upon which the JURY found that verdict. He received a good character.— Nine Months' Hard Labour.
Before Mr. Justice Ridley.
MESSRS. CHARLES MATHEWS and PERCIVAL E CLARKE Prosecuted, and MR. WARBURTON Defended.
FANNY TEAR . I am a domestic servant residing at Bedford—In April, 1897, I was in the family-way—I saw an advertisement in a newspaper, and on April 27th I went to Mrs. Walker at 244, Ladbroke Grove, Netting Hill—I took a room there, and was confined there on July 23rd of a healthy full-time male child—on July 27th the prisoner called there and saw me, she gave her name as Mrs. Ellis—she said that she wished to have the child to adopt, because it was a nice healthy boy—she wanted to have a dark child, that she had had two and could not get them to live—that her husband was a bus conductor in a good position to keep the baby—she did not tell me that she wanted to stay at the house—she said I was not to own the child but I could say it was a friend's—she did not require any payment whatever, but she said she would like a good outfit and I provided one for the child—I paid about £3 altogether for it—the bill for £1 5s. 7d. to F. W. Sugden is part of the £3 and I made some of the things myself—I bought a cloak, robe, hat and fall, and made some of the nightgowns and dresses—on August 8th I went home—until I went home Mrs. Walker used to attend and dress the child, but twice I think Mrs. Ellis did it—she was there when I came away—she came on the Thursday, then went away, and came again on the Tuesday—I had had the child vaccinated, and when I left it was in good health. Mrs. Walker and Dr. Francis attended me in my confinement. When I got home I wrote this letter to the prisoner: "August 14th—Dear Mrs. Ellis,—I am writing as I promised; I sent you a wire on Monday; I don't know whether you got it, I was there at the Marble Arch from twelve until 1.30; I was sorry to leave you. I gest what it would be when I left; how did you get on with them? I have often thought about you, and also your son; hope he is quite well; the same yourself; hope you arrived home safe; write back soon because I am leaving here on Saturday next; send me all the news about them then. I will write to you again when I am settled. Trusting this will find you both well, also your son. From your sincerely friend, FANNY TEAR"—I sent a telegram to her on Monday—I thought the was at Ladbroke Grove—when I referred to her son, I referred to the child of which I had
been confined—she wished me to mention it as her son—In reply I received this letter—"Dear Fanny,—Thanks very much for your letter of this morning; very pleased to here you got away all right. Dear Fanny, of cours you will think it funny I did not meet you on Monday, but I left Mrs. Walker on Sunday evening. I felt very queer, and you could tell by my husband's letters he wanted us home. I am so glad to tell you my baby is getting on lovely; he is growing fatter every day, I am going to have him christened on Sunday; his arm is getting on all right, it is all dried up; but I will now say goodbye, dear friend, and God bless you, and believe me to remain your affectionate friend, MAUDE E. ELLIS, write back soon"—on October 14th I wrote this—"My dear Mrs. Ellis—You must think me ungrateful for not answering your letter before, the reason was because I am so unsettled. I am leaving this place on Saturday, going back to Bedford dear old home. And I also think of running up to London on Wednesday if all is well, before I go into another place. Do you think it will be convenient for me to call and see you then, should like very much to see your son, hope he is well, also yourself. I simply dread winter coming, for I do feel the cold so much, if not time to answer this to-day send on to Bedford before Wednesday. Trusting thin will find you all well, from yours truly, KANNY TEAR."—I did not write between August and October—I did not get any reply, and I did not write to her again—the letter was not returned to me—the policeman came about a day after that—I heard of the child's death the next day.
Cross-examined. I was with the prisoner at this place for about 10 days, and she always appeared kind and affectionate to the child—I did not see the advertisement which was pat in the paper, that was Mrs. Walker's doing—I paid Mrs. Walker £10 for being there, but no portion of that found its way into the prisoner's possession—all that went to the baby was the clothes, the 10s. I did not give her—all along she explained that her wish was to adopt the child merely for motives of affection, not for any gain—it did not strike me that she might get tired of it and send it back to me—I thought I had got rid of it altogether, I thought I was free it was vaccinated when it was about five days old—I did not know anything about it having the thrush—it seemed perfectly strong from the first, that is my opinion—it was not weighed.
Re-examined. I had to pay the £10 to Mrs. Walker, because she frightened it out of me—she said it cost that to get the child adopted.
JANET WALKER . I am the wife of Alexander Walker, of 244, Ladbroke Grove, Netting Hill—in April, 1897, I answered an advertisement in a paper, and at the end of April the last witness called upon me—she took a room in which to be confined, and arranged terms with me—I saw Dr. Francis, and the confinement took place on July 23rd—I was present at the birth—it was a healthy, full-time, male child—it went on well, and remained healthy, and was vaccinated—I inserted this advertisement in Dalton's Weekly, "Will lady take baby from birth for love only, address, Sunflower, 244, Ladbroke Grove, Notting Hill"—three or four people answered that advertisement—one of them was dated July 24th, from 137, Brook Street, Kennington—(Asking Sunflower to make an anointment with Mrs. Ellis with regard to advertisement, and
saying that if she took the little one, she would have to take if altogether)—I answered tint letter, and the prisoner came to my house on July 26th—she gave her name as Mrs. Ellis, and said that she wanted to adopt a child—that she had held two of her own, and that they had died—that her husband was a 'busman, that she had a private income of her own, about £1 a week—about five minutes after she came I introduced her to the mother—she engaged a room in my house, and stayed till August 8th—for the last two days she dressed the child and took it out—after she left on the Monday a telegram came for her—Miss Tear went on August 8th, and the prisoner went about 1 1/2 hours after her—she took the child and the clothes—it was quite well but had a slight thrush—I afterwards saw the body of the child in the mortuary—I have identified the child's clothes in Court—Mrs. Ellis marked them "H. E."—I never saw the prisoner write, but I have seen her letter.
Cross-examined. While the prisoner was in my place she was very kind to the child and very fond of it—I did not observe that it was suffering rather considerably from thrush—but it had thrush—a case of thrush might be a very serions malady—it is considered a very serious illness for a child—I do not know what it weighed when it went away—I do not say that it was weak—all the girl got was the clothes for the child and 10s. travelling expenses—I did not suggest the 10s.—she remarked that she had nothing for cab fare, and I gave her 10s. to cover all expenses.
Re-examined. This document, "Sir, Mrs. Ellis taken queer at seven o'clock; a son at half-past. Both doing well. You have got a fine boy.—Yorn, NURSE WALKER," is not in my writing.
By the COURT. I asked for the £10, as I thought there was a probability of the child being returned to me under the circumstances—the child's father gave it to me as he took away Miss Tear—he sent it in by my daughter—I have kept it—I have not paid Dr. Francis out of it, but there are several little expenses—I gave 10s. to the prisoner, and the rest I have got—I really thought there would be a risk of the child being returned—that has now passed away, but if it had been returned I should have had to find a mother for it—I have never done this before—I have done nursing on and off all my life, since I could not go out.
JOHN ARTHUR FRANCIS . I am a surgeon, of 18, Chesterton Road, Netting Hill—I attended Fanny Tear in her confinement on July 23rd—she was delivered of a healthy, full time, male child—I should describe it as an extra fine child—Mrs. Walker was present—I vaccinated the child on August 1st—I saw it last on August 5th—it was then in good health—I heard nothing about it having thrush—It is not, as a rule, a dangerous disease if properly treated—I did not notice that the child's head was fractured—I should have seen it if it had been—it was not fractured in delivery.
Cross-examined. It was rather soon to vaccinate the child—I was especially asked to by Mrs. Walker—children must be vaccinated before they are three months old—it is the practice at Queen Charlotte's Hospital to do it when they are three days old—thrush may develope into a very serious illness, it is very common, it weakens the system very much, there are blotches on the face—I do not describe the child as being absolutely
healthy—I did not see any signs of thrush—I did not have to attend the child professionally—I delivered the woman and vaccinated the child, but I should not look for thrush—I do not think it was too early to vaccinate it—if it was bad it would tend to weaken the child, if it had the thrush, there were no indications of thrush.
HENRY ELLIS . I live at 57, Rockingham Street, New Kent Road, and am an omnibus conductor—about 18 months ago I met the prisoner at Chingford under the name of Maud McKenzie—It was about September, 1896—about a month after she became acquainted with me she learnt that I was a married man, and she lived with me till October 6th—she described herself as a barmaid, a single woman, and said that her father was a colonel in the army—that she was well connected, and had a sister in Scotland and an aunt in Bristol—we lived together, at 137, Brook Street, in two rooms on the top floor—she engaged the rooms her self—I told her I was a married man before we ever lived together—I thought she was in the family-way about the middle of May, but I cannot remember the exact date—she told me—she did not say at that time that the had been to see a doctor, but the said she had answered an advertisement, that she then went to see a doctor, who pointed out that she could go to Ladbroke Grove or any other place—I advised her not to go but she said she would, as it would be cheaper—I think she said that she was about six months gone—she went away from me on July 23rd—I received this letter on the Saturday morning: "Mrs. Ellis took queer," &c. (as before)—I did not recognize the handwriting then, but since I have done so as hers—at the time I thought I was a father, and that was a communication from the nurse—I sent her £1 shortly afterwards—on August 3rd I received this letter from her: "My own darling daddy,—I am glad to tell you I am so much better, and my boy is getting on fine; my nurse says if I go on as well the next two or three days I may get up on Sunday; won't it be lovely? I shall be home soon to show you my little treasure. Give Gype my fondest love and tell her that her little nephew and I would like to see her next week; if she can come over let us know, will you, about Tuesday next will suit. Of course I shall expect you to come and fetch me when I come down; so that you will not be able fo have two days off; but I am tired now. Goodbye, daddy, Goodbye. God bless you and keep daddy safe until I come home. Dear daddy, please manage to send me some money as soon as possible, if it is only 15s. to go on with, I have not any money or brandy to go on with."—on August 6th I received this letter:—"My own daddy,—I am so glad to tell you I am very much better, so is our son; we are both getting on grand. I am going to get up on Sunday, it will be lovely to get on my feet again. Dear daddy, thank you for the money. I was getting very anxious because I had not a farthing left. I have got the baby vaccinated—that cost me 15s.—then the doctor and other little things, it was a big expense. Do not let Gype come, will you, better not; it is a very comfortable place here, she is a Scotchwoman, but now, Good night, daddy; God bless you, with lots of kisses. I am your loving little Mammy. Don't fret, daddy, the doctor sad if I go on as well next week as I have this I shall be with you next Sunday. Lovely kisses. You talk about crying, I cry and seb myself to sleep every night thinking whether you are all right you
know (how do you get up in the morning), love from baby, Mammy. Write very soon to mammy," Those letters are in her handwriting—she came back to me on August 8th bringing the child with her—I was not at home at the time, but when I got home about 11.45 I found her there and the baby was in bed—it seemed in good health, it was fed with a bottle—I used to be away in the day—I left at 8.30 a.m. and got back about 12.30 at night—about a fortnight or three weeks before she went away I first noticed that the child was ailing—I recommended her to take it to the doctor as it was getting thinner—she said that she had been to a doctor and he had opposed sending it to the Infirmary but that he had prescribed for it—I said the best thing would be to take it to the hospital—she mentioned the doctor's name but I cannot remember it now—I never saw the doctor in the house—I saw one or two bottles of medicine but its health did not seem to improve, it seemed to he wasting away and used to bring everything up—on the average the prisoner bad 5s. 6d. a day—on the night before she went away the child was a bit queer I think but I did not see it—the prisoner was supposed to go to work and on two or three occasions she left the child with a neighbour—she said she was engaged at the South London Music Hall behind the bar—sometime before she went away a rumour reached me that the child was the child of a barman, and I asked her about it and she said that it was all lies and there was no truth in it—I slept with the prisoner right up to the time she went away, and the child was in the same bed—I did not know anything about the injury to the child's head until it came out at the inquest—on the morning she went away she did not say anything about going, she asked me what I would have for dinner, and said she might come down to the 'bus to meet me—the child was in bed when I left, and shortly after one o'clock I went home for my dinner and she was not there—I went upstairs to my room and found the child in bed with its face to the wall, it had a shawl round its head and was in a perspiration—the clothes were turned back but not all over it—I thought it was nearly dead, and I went at once for my sister—I found this envelope from the prisoner telling me that Nellie was dying and that she was going to Glasgow, it is in her hand writing—I saw Mrs. Mc Kenzie and asked her if she would let the girl fetch the baby while I fetched my sister, and I gave her 3d. to get some milk—the child was removed to the infirmary, and when I returned I was arrested—before the Magistrate the case was dismissed against me—I think these two exhibits are in the prisoner's writing.
Cross-examined. The prisoner always seemed fond of the child and seemed to do her duty by it—I do not remember the name of the doctor she mentioned but it was not Mr. Punch, I know him, I have sometimes been round to him, the prisoner might have gone to him—she was very subject to fits, she used to go down all of a sudden, and swell up in the neck, and blood would come out of her mouth, after which she would get better—I cannot say if she had a bad fit shortly before October 6th while she was nursing the child, but one day when I got home I found her on the floor with her head in the fireplace—she had not got the child—that fact was known to other people besides myself—she once fell backwards from almost the top of the stairs to the bottom—I heard some rumour about
the child being the child of a barman, but I was satisfied that it was my own, and as it was a sort of link between us I was anxious it should live and get better—I was very fond of it—when I found that she had gone away I was a bit surprised—we had had no row—we were on very good terms—I came home for dinner on this day, but we are only allowed 26 minutes between the journeys.
SOPHIA JONES . I am the wife of Alfred Thomas Jones, of 137, Brook Street—the prisoner and Mrs. Ellis occupied two rooms on the top floor—the prisoner engaged the rooms and paid the rent—I remember her going away on August 7th, as she said to be confined, she was away about a fortnight—she, came back with a child, I only saw its face as she was going out at the door, she asked me how it looked, and I thought it looked all right—I never saw a doctor come to the house—I did not see the child again till about three weeks before the prisoner went away, it was in the passage, she then asked me how it looked—I said it was rather red—she said she was going to see a doctor, but she could not see him till 10.30, and it was just that then—that was the last time I saw the child—on October 6th Mrs. Patch made a communication to me and we went up together to the prisoner's room, between eleven and twelve—the door was locked, but the key was outside—we went in and found the baby on the bed, it was in a heap in the middle of the bed covered with clothes, it was all in a perspiration and looked to me dying—I sent for a policeman, Sergeant Began came and took the child away—the room was Very dirty—I had never been into the room while the prisoner was there—all she told me about it was that it was a little sick—that was about a week before she went away—it used to cry a good deal—I did not ask her what she had given it—I did not notice its clothes on the 6th.
EMILY PATCH . I am the wife of Thomas Patch, of 169, Brook Street—in August last I saw the prisoner outside her house with the child—she asked me if I should like to see it, and I went up with her and saw it—it was on Sunday after the Bank Holiday—I only saw its face, it was asleep—it seemed healthy—I asked her where she bad been confined—she said at Charing Cross Hospital—on October 6th, I saw her pass my door about 11.30 in the morning without the child—I asked her how the baby was—she said it had been very bad, that she had had two doctors, and that she was going to Glasgow to see her sister—I asked if she was going to take the child with her—she said she had sent it away to a sister—after that I went up to the room with Mrs. Jones—the room was in a very untidy state—I saw the baby under a heap of clothes in the bed—it was all in a perspiration, and it seemed in a dying condition—I had not seen it since August.
ISABELLA MACKENZIE . I am the wife of Daniel Mackenzie, of 67, Hale Street, Lambeth—I have known the prisoner about six months—I first saw her some time after she came home—I can't remember the date—she was a customer of mine—I keep a small provision shop—I saw the child several times before the Saturday when she went away—she had been in my shop with it, and I had conversation with her about ita state
of health—she used to ask me what I thought of it—I said I thought it was getting better, I did not like to tell her what I thought—on the Saturday before she went away she came to me—she asked me if I knew anyone who could mind it as she wanted to keep her place—she did not exactly ask me to take care of it—she had previously told me that she had a doctor to it—I had not seen it for a few days before the Saturday, it looked worse then, on the Monday I minded the child and I thought it seemed much better than it had been for some time—on the Tuesday I had it again, it then seemed very poorly, and I sent for her and Mr. Ellis and she came and took it away, that was the last I saw of it.
Cross-examined. She seemed very fond of it—I did not think there was much the matter with it.
JAMES PUNCH . I am a chemist, of 57, New Kent Road—I have known the prisoner, as a customer, about 18 months, as Mrs. Ellis—I am not aware that I have ever prescribed for her—I remember her being brought into the shop when in a fit, not a faint, I should say it was an epileptic fit, I gave her a smelling bottle and some sal volatile, she got better and I had her taken away—some time between August and September last year she brought a child into the shop, it was brought in twice to my knowledge, the first time I think it was suffering from diarrhoea, and she asked for arrowroot for it, I advised her to give it castor oil instead, she took both; on the second occasion I think it had a sore behind one of the ears, a sort of excema, and asked me to give it something for it—I advised them to take it to a hospital; they were both there then—I did not give anything then, they went away—I thought it was rather a delicate child, that was why I advised them to take it to the hospital—I had an assistant at the time, very likely she may have spoken to him—I am very close to the depot belonging to the Omnibus Company—I did not notice that the child was suffering from thrush.
MICHAEL O'RBGAN (Sergeant L R 2). On October 6th, about 1.15 midday I went to 137, Brook Street—I there met Mrs. Jones and Mrs. Patch, and went with them to a room on the top floor—it was very dirty—I noticed the bed; the clothing was very dirty, almost black with dirt—the child was then lying on the bed uncovered, being attended to by the ladies—it was very dirty—it was being fed by a bottle—it appeared to take it rather ravenously, but I don't think it succeeded in getting any milk—I don't think it was strong enough to draw the milk—I thought it was dying—it was a mere skeleton—I wrapped it in the blanket and took it across to the infirmary as that was the nearest medical aid I could find—I afterwards arrested Ellis—after several remands he was discharged.
MARCUS HENRY QUARRY . I am medical attendant at Lambeth Infirmary—on October 6th O'Regan brought in the child—it was emaciated, very feeble, and in a condition of collapse—on further examination I found it was suffering from thrush and slight diarrhoea and a little eczema behind the right ear; it weighed 61bs. 4ozs., the normal weight should have been about nine pounds—when admitted there were no marks on the body and no sign of disease beyond what I have mentioned; I should say it was very filthy, it was extremely emaciated on the shoulders—I noticed a faint bluish mark appearing on the left
side of the head that gradually became deeper and extended forward over the vault of the skull, over the left ear, forward and downward in a curved direction—I examined it carefully but could not detect any fracture—the child did not make any progress, it took its food at first fairly, but did not make progress—it died about 1.30 on the morning of 12th October—when first brought to me I did not think there was a chance of its living—on 18th October I made a post-mortem examination with Dr. Harcourt as well as the Coroner—externally the faint discoloration was there as before; the eyes were open, and red and sunk; there was a small bruise on the left groin; there were no other signs of injury about the body—on cutting through the skull I found a fracture running through the parietal bone, corresponding with the external mark—I could not say how long before death that fracture had been caused—the mark appeared about 30 hours after admission to the infirmary, and I should think the fracture had occurred some hours before that, say two days; that is merely an opinion—the mark was due to blood passing out from the brain, but there was nothing to be seen on its admission—I think it is consistent that the fracture was caused shortly before its admission there was no sign of thrush left, that bad cleared off within two or three days—it was very slight—there was a slight rupture of the spleen, and a recent blood clot there—that would be consistent with a fall—the small intestines were very thin—the omentum was absolutely transparent—that would be caused by want of nourishment—I think death was due to exhaustion following starvation—that would be brought about by want of food or improper food—I saw no other cause—the organs were healthy, and there was no disease about the body—the fracture would be due to some kind of violence—I am quite sure it was not caused in the infirmary.
Cross-examined. I don't think a slight fall would have done it—a considerable fall might show some bruising—I could not say that it was not accidental—anything like a violent fall would leave a mark—there was no mark—a sudden pressure would do it—the brain and membranes were actually uninjured.
GEORGE EDWARDS (Police Sergeant L). I was present at the Coroner's Court on November 3rd, and heard the verdict—on March 1st I went to the police-station and saw the prisoner—I said to her, "You will be charged with the wilful murder of Henry Francis Tear, aged eight weeks"—she said, "The child was in good health when I left it, and Mrs. Jones heard it crying when I came out; I should not have left it else."
GUILTY of Manslaughter. — twelve Months' Hard Labour.
MESSRS. HORACE AVORY and ARTHUR GILL Prosecuted, and MESSRS.
GEOGHEGAN and BRANDON Defended.
the deceased was my mother—she was about 71 years of age—my father is about 60—they had lived in the same block at No. 49 for some 12 years past—that is on the ground floor—their grandson David Williams was living with them—in January last, in consequence of something that happened mother came to live in our house—she stopped about a fortnight—during that time father came to see her—mother hit him with a dish—he asked her to come back—she said she would not—she went back then—it was a fortnight from January 25th—my father is a deep sea diver—since other came to live with us father has not been able to work—on January J 6th about eleven a.m. I saw him coming in at the gate—I called him—he put his hand up and went towards his rooms with a little white parcel—a half-hour afterwards a boy came and called me—I went into the yard and saw my mother lying in the square about 10 yards from her door—Mrs. Grant was with her—I called mother, but she gave no answer—I rushed in the house and looked in the parlour of No. 49—I found father lying on the floor in the bed-room—his face was covered in blood—there was a revolver lying on the ground on his left side—I spoke to him—he did not answer—I rushed back to mother—she was still lying in the square—I saw the police come—I heard one shot fired after I had left him.
Cross-examined. I had visited my parents constantly—they had come to see me—father never threatened mother—he seemed an affectionate husband—mother used to nag him a little—he worked at the London Docks as a diver—on January 25th, he came home and complained of an injury to his head—he shewed it me the following day—on the evening of 25th, mother cut his head open with an enamel dish—she came on 25th and told us what had taken place—she remained till February 5th—father came repeatedly and asked her to come home again—he was willing to forget and forgive—she said she would not go back yet, because he was not in his right mind—on the 26th, he tried to go to work—he left the house, but he came back and complained of pains in his head—he gave that as a reason for not going to work—between January 25th and February 5th, he complained that persons were continually shouting in his ear—he said, they got worse and that he could not sleep nor eat—David Williams, my nephew, is about 15 years of age—with that exception my father had no one to nurse him—the boy slept with him, but was at work all day—mother frequently said she would not go back because father was not in his right mind and he ought to be locked up—Dr. Thompson had attended him for influenza and he said the doctor could do him no good—the white parcel contained eggs—I said before the Magistrate: "Dr. Thompson was attending my father for a wound on the head, with a touch of bronchitis and influenza. The wound seemed to have a great effect, and kept him from being able to work" and "I have never seen father unkind to mother, I have never heard him threaten her"—that is correct—I believe he has been a good and affectionate father.
LAURA EMMA GRANT . I am the wife of Archibald Grant, of 6, Centre Block, Vine Street Buildings—I knew the prisoner and his wife as living in the same buildings—on Wednesday, February 16th, I was opposite No. 49, Centre Block, and heard something like the report of a pistol between eleven and 11.15 a.m.—I heard a second report, and then I saw Mrs. Williams run by the windows from her door, No. 49—I ran across
and asked her what was the matter—she was running to the next opening—on falling down I caught her, laid her down, and sent for a doctor—I saw she was wounded—shortly afterwards the police came—then I heard another report—I have seen the prisoner and his wife together—they seemed very comfortable.
Cross-examined. I said before the Magistrate, "I was cleaning the stairs at No. 6 Block, which is opposite No. 49 Centre Block"—I live at the commencement of the block, where the Williamses lived, on the second floor—I heard no quarrelling.
DAVID WILLIAMS . I am 16 years old—I live at 49, Vine Street Buildings, Tooley Street with my grandfather, the prisoner—I am employed by Mr. Finchin, of 41, Tooley Street, as a cart boy—I remember some weeks before grandmother was shot, her going away to live with Aunt Martha—she said she hit my grandfather on the head with a dish—grandfather showed us the mark of a cut on his head—since that his head was very bad—he complained of his head.
Cross-examined. Grandmother said she had hit grandfather as hard as she could—she was always nagging him, but he used to sit on the bed, read the paper, and not mind her—he never answered her back—he gave her £2 a week for housekeeping—I remember her saying after she had struck him that she was going away—Mrs. used to come in the day time and lool: after grandfather—when grandmother was away he could not sleep—I slept with him—he used to wake me up and complain of his head—sometimes he would jump out of bed and walk about—he said he could not sleep because people were shouting at him—he could not eat his meals—his eyes looked very dull—on February 16th I had my breakfast with them—I go to work at six a.m.—my grandmother was up, my grandfather was not—I do not remember any quarrel—I never heard him threaten her.
Re-examined. Grandfather got better bit by bit—he then slept better—I do not remember his being ill before—he used to have medicine—he said he was bad for three or four weeks before this happened.
HARRY COLLISON (16 MR). About 11.20 a.m. on February 16th I was called to Vine Street Buildings—I found the deceased lying ill the court-yard unconscious—I sent for a doctor—then I went with Constable 272 M to No. 49 Centre Block—the front door of the rooms was locked—I had noticed it was opened when I went into the yard—I went to the window—the Venetian blind was down—I saw through it Williams lying on the floor—the other constable got a knife to force back the catch—the prisoner got up hurried to the window and pointed a revolver at both of us—we got on each side of the window—the other constable said "Don't be a silly, put the revolver down"—the prisoner turned the revolver on to his left breast, and fired—he fell to the floor—then we both got through the window—the other constable took the revolver from him—there was blood on his face when he first came to the window—he was taken to the hospital—I heard the house surgeon, Mr. Stamford, ask him what he did it for—he replied, "I don't know," and asked how the old lady was, and said, "I did it myself."
Cross-examined. A doctor attended the prisoner after we toot the revolver from him—I have not seen him here to-day.
Re-examined. He also attended the woman—he afterwards ordered her removal to the hospital.
WILLIAM GREENWOOD (272 M.) I was on duty with Collison—I went to 49, Vine Street Buildings, just after him—I obtained a table knife and pushed back the catch of the window—I afterwards got in and took this revolver from the prisoner (produced)—there were five discharged and one loaded chamber, where the hammer had fallen, but had not exploded the cap, only dented it—there was a discharged cartridge case in front and behind it in the chambers.
ROBERT BASIL STAMFORD . I was house surgeon at Guy's Hospital—on February 16th, when the deceased and the prisoner were brought there—the woman was in a state of collapse—on examination I found she had a bullet wound at the right side of her back just below the shoulder blade—that was the wound of ingress—it must have been fired from the back—she lived in the hospital till February 25th—a post-mortem examination was made—I then found the bullet had gone through her right lung, setting up bronchitis, entering the heart and causing pericarditis afterwards—it proved fatal—I found the bullet—I compared the bullet with those produced by the police at the inquest and found they corresponded—on examining the prisoner I found a bullet wound just above the left nipple, and he had four wounds on the right side of his scalp, two of ingress and two of egress, as if he had fired two shots at his own head—they did not touch the bone—he was shivering and collapsed, and rather alarmed at what had taken place—I thought he bad been drinking—he smelt of drink—there is a bullet at present under his left collar bone (you can see it in a Rontgen Ray) that travelled upwards—it glanced off the rib—subsequently he twice or three times asked me about the woman—I could not quote his words, but he evidently expressed sorrow for her and hoped that she would get better and that he would not.
Cross-examined. I saw him within a few minutes of his admission between 11.15 and 11.30—she died on February 27th.
WILLIAM JOHN MAYES . I am manager to Messrs. Hill and Co., ironmongers, of 33, King William Street—I remember the prisoner buying a revolver on February 16th, between ten and eleven a.m.—he said he was going out to Greece, and that he had bought one three or four years ago—the revolver was the same pattern as this produced—he paid 17s. 6d. for it—I also supplied him with 50 cartridges for 2s.
Cross-examined. He was wearing coloured slippers—he was in the shop about 10 minutes—I saw no signs of drink in him, or I would not have sold him the revolver—it is Belgian make.
He-examined. I did not ask him, he volunteered the statement that he was going to Greece.
ERNEST FREEMAN (Detective Inspector, M). I went with the Magistrate, Mr. Paul Taylor, to Guy's Hospital on February 18th, about 2.45 p.m.—I went to the woman's bed side—the prisoner was brought there—in his presence she made a statement that Williams had shot her twice, once at the table and once at the door, that he had been drunk for four weeks, and was drunk when he did it, and "We have lived together 48 years, and had five children. Before he shot me he said, 'Two minutes more
and it is all over'"—I made a note of the prisoner's answer, which was: "It is all a blank to me now, I am sorry for it"—the Magistrate then asked him if he had any question to put to his wife, and he said, "No"—he then said, "I am sorry for her, and wish her good-bye. I shall never survive mine. I hope she will"—after the woman's death I went to the hospital and charged the prisoner, on March 4th at 12.55 p.m., as he was discharged from the hospital—I told him he would be charged with the wilful murder of Wilhelmina Williams, and with attempting to commit suicide—he said, "That is it."
Cross-examined. I made a note of a small portion only of what the woman said for my own information because it was being taken in the shape of a deposition—I would not pledge my recollection against that—Mr. Coates is second clerk to the Magistrate—the depositions is the same as I said, only there is a little more—I think Williams did say she was a good wife—I did not put that down—there was no recrimination or accusation by him—nor any anger shewn against the woman—he was prostrate—his room was searched—only the cartridges in the pistol were found—the revolver is six-chambered—no intoxicating drinks were found—there was a bottle of medicine—it is not here—the surgery label was Dr. Thompson's—it was about half-full.
Re-examined. The room was searched for the purpose of finding the other cartridges—they were not found.
STEPHER ROBERT THOMPSON , M.R.C.S. I am a Licentiate of the Royal College of Physicians and Medical Officer of St. Olave's Parish Workhouse—I first attended the prisoner for injury to his head on January 27th—he came to my surgery which is about 300 or 400 yards from the workhouse—he was suffering from a cut on the vertex of the head about 1 1/2 inches long—it was not bleeding—it was commencing to heal—it probably had been done about a day or two before—he complained of injury to the head very much, and of pain from it—I think I put a dressing on the first day—I saw him on three or four occasions afterwards at the surgery—he was suffering from a considerable amount of bronchitis and distress—and from what I considered to be an acute attack of influenza—the last entry in my book of his coming is on February 4th—I think he was then at his worst—he was feverish, and his mental condition was very unsatisfactory—I had attended him for many years for bronchitis, catarrh, and pain in the head, which he used to attribute to his occupation—I knew he was a deep sea diver, which is an extremely arduous occupation.
Cross-examined. His occupation has a tendency to produce a rush of blood to the head, and possibly apoplexy—he complained of neuralgic pains, which is typical of influenza—on February 4th, he was wild and incoherent in manner—he also complained of pains at the back of the head, and down the neck—he seemed seriously upset in his mind—I considered whether I should not exercise my power to order his detention in the House as a person of unsound mind long before this tragedy—he seemed to live on affectionate terms with his wife—I never heard of their quarrelling—he was a bad patient and would not obey instructions—he was in a critical condition, and I advised him to go home and be properly nursed—influenza more affects a man of his age than a younger man—it produces mental depression—his mental condition was very critical—he
was very shaky—the symptoms which supervened since I saw him, of shouting in his ears, loss of sleep and pains in the head point to distinct hallucinations.
Re-examined. Except for the wild ness and incoherence the symptoms were those of influenza, hut he had the classical symptoms as well, which are extreme temporary fever, frontal pains and pains in the back of the neck—noises in the ears would result from an ordinary cold, but not to the same extent—I did not communicate with his wife that he was not fit to be at large—I did with my colleagues—he has recovered from previous attacks—his indifference to my directions might result from want of education and to his fine physique to some extent.
JAMES SCOTT . I am Medical Officer of H. M. Prison, Hollo way—the prisoner has been under my close observation since March 4th—he has been in the hospital all the time—he has been depressed, nervous, and rather slow in his mental process, and of forgetful memory, but I cannot say I detected anything in the nature of insanity.
Cross-examined. He told me his mind was a perfect blank with regard to this tragedy—influenza, which seizes people differently, plus injury to the head, the age of the man and his calling, would affect him more than an ordinary man—it inclines to suicide and pessimistic views, and sometimes leads to a wrong construction being put on things—I saw him once or twice every day—the prison regular meals and discipline frequently exercise a saving effect upon the mind.
Re-examined. The effect of the tragedy on the mind would be depressing afterwards naturally—his occupation would account for some of his symptoms, such es fairly loud or hammering noises—I do not say that every person who puts a wrong construction on the noises they hear is therefore of unsound mind.
GUILTY of the act being insane at the time ,— To be detained until Her Majesty's pleasure be known.
Before Mr. Recorder.
—OUGHTON Twelve Months' Imprisonment.
FAGAN, Nine Months.
292. HARRIET PHCEBY CONEY , to feloniously marrying William Moorgate, her husband being then living.— To enter into her own recognizances to appear for judgment if called upon. [Pleaded guilty: See original trial image.]And
ADJOURNED TO MONDAY, APRIL 25TH, 1898.