CENTRAL CRIMINAL COURT
ELEVENTH SESSION, HELD SEPTEMBER 13TH, 1898.
MINUTES OF EVIDENCE,
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CENTRAL CRIMINAL COURT,
Held on Tuesday, Sept. 13th, 1898, and following days
BEFORE THE RIGHT HON. HORATIO DAVID DAVIES, M.P. LORD MAYOR of the City of London; The Hon. Sir CHARLES JOHN DARLING , Knt., one of the Justices of the High Court; Sir HENRY EDMUND KNIGHT , j Knt., Alderman of the said City; Sir CHARLES HALL , K.C.M.G., Q.C., M.P, Recorder of the said City; Sir JOHN VOCE MOORE; FRANK GREEN , Esq., WALTER VAUGHAN MORGAN , Esq., JOHN CHARLES BELL , Esq., GEORGE WYATT TRUSCOTT , Esq., THOMAS VESEY STRONG , Esq., and HENRY GEORGE SMALLMAN , Esq., other Aldermen of the said City; and Sir FORREST FULTON , Q. C., Knt., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
DAVIES, MAYOR. ELEVENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody.—an obelisk. (†) 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.—Tuesday, September. 13th, 1898.
Before Mr. Recorder.
545. THOMAS HORNER (43) and GEORGE EMMETT were indicted for Unlawfully conspiring to obtain £2 15s. from Edward James James, and £1 7s. from Clementine Mary Ann Popham and George Popham, by false pretences.
MR. HUMPHREYS Prosecuted, and. MR. BEARD Defended Homer.
EDWARD JAMES JAMES . I keep the Old Path's Head, Upper Islington—I had known Horntr about a month as a customer—about April 5th he came in with George Emmett—Horner introduced me, and asked me to change a cheque for his friend—I said, "I don't cash cheques"—he said, "It is all right; stand on me; he is a big exhibition man; it will be all right"—he said it was in part payment of a bicycle—Emmetthanded the cheque to Horner, and florner handed it to me—Emmettendorsed it, and I gave Horner the money—the cheque was for £2 15s., in favour of G. Emmett—I paid it into my bank on the 16th—it was returned, marked "Refer to drawer," on the 18th—I wrote to Horner to call and see me—he came on the 19th—I said to him, "Do you see this cheque has been returned?"—he said, "What is that mark?"—I said, "R. D."—he said, "Emmett would not have this happen for worlds; I will go to his address"—he gave me his address, 2, Hanway Street, Oxford Street—I called there; it is a newspaper shop; Emmett had his letters addressed there about two years ago—I did not find Emmett; they knew nothing about him—I did not see Horner till I was making the application for the warrant, and Emmett not till he was in the dock—Horner asked me not to prosecute.
Cross-examined by MR. BEARD. When Horner handed me the cheque he said Emmett owed him a bit—Homer gave me his correct address—when he said, "You can stand on me" I understood that he would be responsible if the cheque was not met.
Cross-examined by Emmett. My bar is a decently big one—I heard Horner say the money was in part payment for a bicycle—I have not
tried to find you except going to the address—I did not go to Granville Dixon Company's Bank when the cheque was returned, but other people did—on April 18th I heard the bank was closed.
Re-examined. I paid in the cheque twice before the bank was closed.
MARY ANN POPHAM . I am the wife of George Popham, the landlord of the Bolindcr Castle—I know Homer—he came in on April 23rd, about 10.30, and asked me to cash a cheque fur him—at first I said I did not cash cheques—he showed me one drawn by H. L. Collins in favour of T. Horner—I cashed it for him and gave him £1 7s. 6d.—I gave the cheque to my husband—he paid it into his bank.
Cross-examined by. MR. BEARD. I knew that Horner was a public-house broker—I cashed the cheque because I had known him as a customer some time.
Cross-examined by Emmett. I had not seen you before—I do not remember your name being mentioned.
CHARLES BORHAM . I live at 35, Gibson Square Islington—on April 25th between ten and eleven I was in the saloon-bar of the Bolinder Castle—I saw Emmett outside in the street—I spoke to him—Iasked him to have a drink—we had one—he said he could not return the compliment, because he was not in a position to do so—he said he was stony—I know Horner; he was in the bar—I saw them together.
Cross-examined by Emmett. I have known you some time by sight—youwere not walking along by the public-house—you were standing there—youdid not express any hesitation to go into the public-house—I don't know if you spoke to Horner; you left together.
Re-examined. I did not see any money handed to Horner.
GEORGE POPHAM . I am the licensee of the Bolinder Castle, Islington—I received this cheque from my wife on Monday, April 25th—she had cashed it on the Saturday—I paid it into my bank—it was returned marked "no account," the same day I met Horner in Alder-gate Street coming out of a hotel—I said, "The cheque Mrs. Popham cashed for you is returned"—he seemed surprised and said he would call round next night—I asked him where he got the cheque from, and he said Collier wrote it in the bar—he did not say which one—he said he got it from a man named Emmett—he did not mention any other name—he said he knew Emmett, and he was all right—he showed me a pen, and said, "It was written out with this pen"—I said, "You had better see Emmett or write to him"—he said he would bring Emmett round to my place about it—he did not bring Emmett or come himself—I did not see him again till he was in custody.
Cross-examined by. MR. BEARD. I took Horner to mean that Collier wrote the cheque, and he endorsed it in my bar—I had known him for over six months—I knew he was supposed to carry on the business of a public-house broker.
Cross-examined by Emmett. Horner had mentioned your name in connection with this cheque—I did not know you—I was not in the bar when the cheque was changed.
it—at that time I had an account at the London and Midland Bank, Charing Cross branch—I ceased to use Emiuett's office about April—two cheques were found to be missing—this is one of them; it has been filled up—I did not give anybody authority to fill up that cheque. I did not know it till I heard it from the bank—I know Emraett's writing—this signature of Collier I should say is in Emmett's writing—the writing in the body of the cheque and the date is also in his writing—this cheque, signed "G. Hastry Ansell" is also in his writing—I believe he went by that name it one time—I knew him by that name.
Cross-examined by. MR. BEARD. Horner called at Emmett's office—I understood that Emmett owed Horner money; that is what he called for.
Cross-examined by Emmett. Horner did not ask you for money before me—I was with you as a clerk—you promoted me while I was with you at the Brewers' Exhibition at Bristol—I did not do any secretary's work; I advanced the money to run the exhibition; I had to do so to get the post of secretary—I advanced £50—I do not know what became of the money—I did not sign blank cheques—I had some sent me from Bristol from you—I know the exhibition was not a success as regards me—I never had anything given to me—your brother-in-law was a clerk in the office—I wrote this letter (read.: "Dear George,—I have persuaded Jack to do a Bank of England cheque. He will bring it round as near 11.30 as possible; please wait for him." That was a cheque I gave to you on the distinct understanding that the cheque should not be used; but that it should be put on the table of the directors—the account was a joint account between Mr. Passmore and myself—he signed the cheques—I left the book at your office—I did not take any cheques out of the book and say, "We might want these"—I might have torn some cheques oat of the book, but if I did I put them in my own pocket—I gave you a cheque for £3 15s. to borrow money on—you did not give me one in return—Ichanged a cheque of yours at Mr. Riley's, in the Strand—I do not know if it was met—I had some money in the bank—I don't know if it was enough to meet my cheque—I gave it to you because you said you had not enough to eat and other things—the office was furnished with other people's money—I am a gentleman now—since I left you I have been making a book, not in the streets—Mr. Passmore kept the cheque-book sometimes—I did not say, "I have had some difficulty to get this book from Mr. Passmore and now we had better leave some cheques here; we might want them."
Re-examined. Horner was working for Emmett—I never got my £50 back—I sued him for £97 (the £50 and the rest for wages)—I was appointed secretary at £2 a week—I recovered judgment for £97, but I got nothing else—I was in his employ about seven months.
FREDERICK FRANCIS LOVEGROVE . I am a clerk at the Charing Cross branch of the London and Midland Bank—we have no customer named A. L. Collier, and never have had one—Mr. Brand is a customer in connection with Mr. Passmore—this is a cheque taken from the book of those two gentlemen.
JAMES BALLARD (Detective. N). I arrested Horner on Tuesday, May 10th, at 105, Rotherfield Street, Islington—I read the warrant to him in his room—he said, "This is a fine thing; cannot you leave it till
the morning? I have got a transfer winch means £50 or £100 to me—I cautioned him to say nothing about Emmett—he said,;' Emmett owed me some money, and when I asked him for it he said he knew somebody who could pay me; Emmett got the cash, and gave me £1"—I arrested Emmett on the same morning in Camden. Town—I told him he would be taken to the station—he said, "There is not the slightest intent to defraud the Granville Dixon Company's Bank, and I have £30 there to my credit"—at the station he said, "I have never been Mrs. Popham, neither have I had any of her money"—Granville Dixon did close their bank about April 29th.
Cross-examined by. MR. BEARD. I have made inquiries as to the transfer for a public-house, and I was told that Horner was negotiating one.
Cross-examined by Emmett. I have never found anybody else who had an account at Granville Dixon's Bank—I have never found such people—I found a broker who was instructed to take the rent—they appeared to have had a room on the ground floor—there was a plate on the door, but I could not get in—I looked through the window.
Witnesses for Emmett.
WALTER TURNER . I am a civil engineer—I live at 24, Oslaburgh Street, Regent's Park—I am out of business at present—I also describe myself as a pneumatic tyre repairer—I am not a relative of the defendant—I went to his office at the beginning of this year—I saw Mr. Brand there—he handed Mr. Emmett a cheque, and said, "You had better keep this in case we want it"—I did not see where he took it from.
Cross-examined. I cannot fix the date of this; it was in the winter—I did not make any note of the conversation—it did nor make much impression on me—it was first recalled to-me about June—Emmett asked me if I recollected it, and I did—I did not use the office—I went there to see Emmett in connection with a pneumatic pulley—I did not know Emmett by any other name during the twelve years I have known him—I did not know Brand by any other name—I know Emmett's writing—I do not think this cheque signed "Collier" is in Emmett's writing—the other one is his writing—I do not think the writings are the same.
By Emmett. Homer has never suggested to me that you owed him money.
By the. COURT. The first time I saw Horner was when he came to Emmett's office—when the conversation about the cheques took place Brand was standing on the other side of Mr. Emmett's table putting something into his pocket which looked like a Cheque-book.
EDWARD STEWART BRAND (Re-examined.) I have not got the cheque-book here—I knew Emmett passed under the name of G. Hasty Ansell, because he said that if I knew him under that name I should get some of my money back I saw Mr. Turner once.
Emmett, in his defence, stated that he met Horner, who asked him for some money. He said he had none, but that he had a cheque, and if Horner could get it cashed he would give him £1 of it. He did not intend to defraud Mr. James, and if he had written to the Agricultural Hall he would have got the letter, and it would have been all right. He had not heard the cheque had not been met till the night before the warrant was
issued and he sent the money by Horner to Mr. James to pay the cheque. He did not know that Horner had gone to change the other cheque.
HORNER— NOT GUILTY .
EMMETT— GUILTY .— Fifteen Months' Hard Labour.
NEW COURT.—Tuesday, September 13th, 1898.
Before Mr. Common Serjeant.
MR. PARTRIDGE Prosecuted.
ELLEN HERBERT . I assist my father, who keeps a newspaper and tobacconist's shop—on August 31st I served the prisoner with a penny cigarette; he gave me a bad half-crown—I took it to my mother, who came into the shop, and the prisoner went away—I ran after him and a gentleman stopped him at the corner of Robert Street, and we took him to the station—he went quietly with us, and we handed him to Sergeant Aldridge.
LEWIS ALDRIDGEE . I am station sergeant at Albany Street station—on August 31st the prisoner was brought there by the, last witness and a gentleman—she charged him with passing this half-crown, which she produced—he said, "I am a hammerman, and being out of work so long have taken to this game for a living"—when he was put into the cell he said to me," You ought to have had the other man; he ia round the corner; he has got nine of them"—a packet of cigarettes and 1d. were found on him.
Prisoner's defence. I received it in my wages from the Window Cleaning Company. I was round Regent's Park way and went in for a cigarette, and when the lady said it was bad I ran out of the shop because I had been in a little trouble before.
— GUILTY **
Twelve Months' Hard Labour.
547. HENRY WEAVER (52), PLEADED GUILTY to Unlawfully obtaining £200 from Robert Alexander Stuart by false pretences; also to two indictments for forging and uttering leases of two bouses with indent to defraud, having been convicted at Clerkenwell in June, 1892. Another Conviction was proved against him, and the police stated that he had obtained over £2,000 from solicitors.— Five Years' Penal Servitude
OLD COURT.—Wednesday, September 14th, 1898.
Before Mr. Justice Darling.
MR. BURNIE for the prosecution offered no evidence on the Inquisition, the. GRAND JURY having ignored the Bill.
— NOT GUILTY .
MR. HUTTON for the prosecution offered no evidence on the Inquisition no Bill having been found by the. GRAND JURY.
— NOT GUILTY .
(For other Cases tried in this Court on this day see Essex Cases.)
NEW COURT.—Wednesday, September 14th, 1898.
Before Mr. Recorder.
552. CHARLES MURPHY (23), JOHN SCOTT (22), and SIDNEY JAMES PLEADED GUILTY to Stealing a watch from the person of Harry Read, Murphy having been convicted on June 30th, 1897, Scott on January 11th, 1898, and James on January 13th, 1898. Several other convictions were proved against Murphy and Scott. MURPHY— Eighteen Months' Hard Labour. SCOTT— Twelve Months' Hard Labour. JAMES— Judgment Respited.
554. ALFRED FOX (19) , to Stealing a post letter and contents, the property of H. M. Postmaster General. He received an excellent character.— Six Months' Hard Labour. [Pleaded guilty: See original trial image.]
556. JOHN STOCKLEY (47) to Unlawfully obtaining £5 from Hannah Eynott by false pretences; also to Uttering a forged endorsement to a cheque for £10, having been convicted at Berkshire Quarter Sessions on October 19th, 1846. Other convictions were proved against him.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. A. GILL Prosecuted.
EVELIN MCDONALD WILLS . I am the wife of James Hewitt Wills, of Westbourne Terrace—the prisoner was my kitchenmaid—I have a banking account of my own, and paid her by cheques—this (produced. is one of the cheques I paid her—it came back endorsed "Kate Emberson"—before July 7th, when she left, my cheque-book was in London, but subsequeut to July 26th I examined it, and misled three cheques from the end of it—this cheque is written on one of the missing forms—it is not filled up by me, or by my authority or knowledge—the first intimation I had of it was from the bank—looking at her endorsement on my former cheques, I think there is an attempt at imitation, and I believe it is her writing—on July 26th I was at Launceston, in Cornwall—I had to discharge
the prisoner, and paid her wages when she left—I had a good character with her.
OLIVE BROOMBRIDGE . I am the wife of John Peter Broombridge, a dairyman—I know the prisoner as Mrs. Wills's servant—on July 6th she came in and asked me if I would oblige Mrs. Wills with change for a cheque, as she was out for the day and wanted some money—I asked her how Mrs. Wills was—she said, "Very well, thank you," and I did not know that she was not then in Mrs. Wills' service—I paid the cheque into my account, and it was returned unpaid—on July 25th I accompanied Barratt to 34, Cadogan Square, and asked the prisoner to put on her hat and jacket—she did so, and I identified her—she said that she had never been out of the house since she had been there—I do not know who lives, there—the housemaid came into the room, and said that she was telling untruths—the prisoner said that that was an untruth.
GEORGE PARSONS . I am foreman to Mrs. Broombridge, and was present when she changed this cheque; the prisoner is the woman—I had seen her before at the house—I afterwards picked her out from other women at the station, and have no doubt about her.
MARY JAMESON . I am housemaid at 34, Cadogan Square, where the prisoner was employed at the time of her arrest—I was not present when Mrs. Broombridge came with the officer—my mistress was away on July 26th—I had charge of the house, and gave the prisoner leave to go out between ten and eleven o'clock—she did not say what she had been doing when he came back.
EDWARD BARRATT (Police Sergeant.) On August 3rd I went to 34, Cadogan Square, with Mrs. Broombridge, who pointed to the prisoner and said, "That is the woman who came to my house and passed a cheque"—I said "I must take you in custody for stealing a cheque value £1, and afterwards uttering the cheque"—she said that she did not go out on July 26th, but afterwards she said, "I went out on July 26th"—another house-maid, Mary, said, "Oh yes you did"—I said, "I am told you went out that day, and did not come back when you ought"—I took her to the station and Parsons identified her.
The Prisoner's statement before the Magistrate. "I went out on July 26th at 10 o'clock, walked across the Park, and went on an omnibus to go to the Prince of Wales' public-house, Harrow Road, and then went to Amberley Road, where my house is. It was then 11 o'clock. I stopped indoors with my mother. My mother came with me, and we walked to the Royal Oak. I got on an omnibus and rode to the Marble Arch, and I went across the Park. I am innocent."
Witness for the Defence.
KATE EMBERSON . I am married, and live at 53, Amberley Road—I am the prisoner's mother—on a Tuesday in July, I do not know the date; the prisoner came to me about 11.30, and said that she had been to get a sovereign from Mrs. Wills which she owed her for wages, and asked me if I would come up the road with her—I did so and she changed a sovereign, bought a pair of boots and gave me 1s.—I went with her to the Marble Arch, and left her there—I said before the Magistrate that she got to my house about one o'clock, but that was a mistake—I thought the Magistrate said, "What time did she leave?"—I corrected that afterwards.
Cross-examined. I could easily walk from Mr. Broombridge's dairy to my house in twenty minutes—if she was there on Tuesday at eleven, there would be no difficulty in setting to my house at 11.30.
The prisoner, in her defence, slated that she said that she wanted to go to Mrs. Wills in order to get out; that she walled across the park, and got on an omnibus and went to Amberley Road, and returned at three o'clock and heard nothing more till August 8th, when the constable and Mrs. Broombridge came, and that if she had done it she would have pleaded guilty.
GUILTY .— Judgment Respited.
MR. MORGAN Prosecuted, and. MR. PURCELL Defended.
JOHN FRY RAGGETT . I am a florist, of Veraendah Terrace, Southgate—on July 6th, about eleven p.m., I was returning home, carrying a basket containing two pairs of boots, a linen collar, and other articles—I had to cross a foot-bridge over the railway, and saw the prisoner and three or four men standing on either side of the steps—I attempted to pass, and received a blow on my face from the prisoner—I turned round and saw another man trying to take articles from my basket—I asked what he was doing, and got clear of them—I was half way down the steps—they tried to push me down the steps—I got to the bottom, and three others pushed me against a fence—the prisoner came down and began again punching my face with his fists—one of his companions took the basket from my arm—I struck out and got clear of them—they ran and I followed them, and met my son, about five years old—I sent him for the police, and Hardy came—I took him, and met the prisoner and another man, and gave them in custody—the second man struck another witness on his face and ran away—a third man followed to the station, but I cannot identify him—the prisoner resisted a good deal, and I assisted in taking him to the station—he gave several false names—the inspector went to make inquiries, and came back and said the addresses were not true—he is a stranger to me—I have no hesitation whatever in saying that he is the man—there are lamps on the stairs, but they were not alight—the lamps in the town were lighted, and it was a comparatively light night—I can recognise him easily, and I could recognise the man who took the basket.
Cross-examined. I did not hear singing on the bridge—my basket contained some penny buns, two pairs of boots, a clean collar, a pair of new socks, and 1lb. of cake—my basket was not upset, but they had their hands in it—I had never seen any of them before—my basket was afterwards thrown on the line, and I found a bun on the line—many people are passing on a Saturday night—when I sent my boy to the station the men were still in sight—I am certain it was the prisoner who struck the blow, I could distinguish his features—he may have denied from first to last striking me or tampering with my property—he was charged at the station with assaulting me; I do not think he replied—I do not recollect telling the Magistrate that he denied assaulting me, but if I said so, no doubt it was true.
Re-examined. Whether he denied it or not I can swear to him—the buns and the other things were all taken—I said, "He denied it but said that he knew who it was."
EDWARD GEORGE MUNN . I am a plasterer's labourer, of Parsons Green Road—on Saturday evening, July 16th, I was at the bottom of this rail way bridge, and saw several chaps coming over the bridge—Mr. Raggett was coming over, and they all pushed him down, the steps—the prisoner was one of them—I saw him strike him, and then the other six chaps ran after him and took his basket—one of them said, "Give me the basket"—theprisoner jumped on the basket, and said, "I will show you what to do with the basket," and threw it on the railway line—Mr. Raggett went down the foot-bridge and cajie back, and got a constable and pointed out the prisoner to him, and said, "There is the man who struck me"—while this was going on one of his mates struck me in my face.
Cross-examined. The first thing I heard was these chaps singing, but they were not singing when Mr. Raggett came down the stairs—the first thing was his hat was knocked off—one of tham kicked me and knocked me down—the prosecutor had hold of the prisoner then—this was right against the nation—it was perfectly light there—the others all ran off—therewas about half an hour from the time Mr. Raggett's hat. was knocked off till the prisoner was taken.
GEORGE HARDY (324 Y.) On this Saturday I was on duty, about 11.15, at New Southgate Police-station—a boy told me something, and I went with him to the railway line at 11.20 or 11.25, and met Raggett—Iwent to the path, and saw the prisoner and one or two other men—Raggett said, "That is the man who assaulted me; he hit me with his fist and knocked me about while they took my basket"—Munn said, "That is the man I saw with the basket; he threw it on the line"—I took the prisoner to the station—he said nothing—someone behind me hit Munn and knocked him down—I went with Mr. Haggett to the railway line, and found the basket and the other things—the prisoner struggled, and I had to get assistance—I charged him with assault and robbery.
Cross-examined. I am sure I charged him with assault and robbery—I did not notice that the Magistrate's clerk has not taken down the word "robbery."
GUILTY.—Recommended to mercy by the. JURY.
He then. PLEADED GUILTY to a conviction of housebreaking on July 6th, 1895. Four other convictions were proved againtt him, one of which was for being found loitering at night armed with a loaded revolver, when he was sentenced to two years' hard labour.— Nine Months' Hard Labour, and Twenty Strokes with the Cat.
THIRD COURT.—Wednesday, September 14th, 1898.
Before Mr. Common Serjeant.
561. PERCY ARBOUR CARTWRIGHT (21) ERNEST FREDE RICK CARTWRIGHT (18), and GERALD BAKER (17) , Stealing a gelding, a trap, set of harness, whip, and rug, the property of William Lyons , and JOHN ROSS (34), Feloniously receiving the same knowing them to be stolen.
P. A. CARTWRIGHT PLEADED GUILTY , and no evidence being offered against. BAKER and. ERNEST CARTWRIGHT, a verdict of.
NOT GUILTY was taken.
MR. MUIR Prosecuted, and. MR. GEOGHEGAN Defended.
PERCY A. CARTWRIGHT . On July 22nd last I hired a pony, trap harness, whip, and rug from Mr. Lyons, of Waiford, and drove towards London with my brother Ernest and Baker—on the way to Hendon dropped my brother, who was going on by train—I afterwards dropped Baker at Endell Street, Covent Garden, five or six minutes' walk from Ross's stables, in New Yard Queen Street, Long Acre—I was recommended there the same night by a porter at Covent Garden—Ross was a stranger to me and the porter—I saw Ross, and asked him if I could put a pony and trap there till the following morning—I told him it was not mine, and gave him my name and address—he said I could put them there—there was nothing paid—there was no one else there—I left them there—I went round the next morning and saw Ross, and told him I should not take the pony out that day, as I had not the money to meet the expenses of the man I hired it from when I left it there—I hired the trap for recreation, and not for stealing it—I had been there before—Watfordis fifteen miles from London—I had a drink with Ross and another man in his company—I afterwards found it was his brother-in-law, Neale—Ross suggested he wanted a pony and trap, and I told him it did not belong to me, and they were not for sale—they started talking me over, saying it would not be found out if I sold it, and that it could be done by putting it through a sale—I finished my drink and left them, having told them I did not want it put in the sale—I saw Ross again on Saturday evening at his greengrocer's shop—I asked him if he could lend me half-a-sovereign—he lent it to me—I then went back to my brother and Baker, and we arranged to go down to Brighton—we all went to Ross's stable on Monday morning at about 8.30—the trap was not there—I went round to his shop, which was shut—I next went to Covent Garden Market, thinking he might be there—I could not find him, and I went over to the sale at the Elephant and Castle, which I heard of on Saturday night—I did not see Ross, and I went back again where I was lodging—I saw Ross about 5.30 driving up Holborn in a pony and trap with John Smith—I knew him before they drew up, and I said he would see me at nine o'clock in the evening at the Wellington public-house—I went there and found Roos and Smith—Ross called for a drink and then called me aside, and said the pony and trap had been put through the sale, and had been sold 18 1/2 guineas, and he wanted me to take the ticket—it was a bluish one—he said it was a receipt of the horse repository—I looked at it, and found "George Cartwright" on it—he wanted me to keep it, but I refused—hetold me the best thing I could do would be to clear out of London, and to come up on Thursday when the money would be received—helent me half a sovereign to pay my fare—he said he had seen a couple of "splits" about London—meaning detectives—I was too glad to take his tip. for I knew I should be arrested if I hung about there—he said he would give me a bit of the proceeds, which I agreed to—I was to
give Smith 30s. or £2, as he had lost a day's work—I went down to Brighton on Tuesday, the 25th, and was arrested there the same day—I was taken to Watford Police-station with my brother and Baker—while in custody I had a conversation with my fellow prisoners—I could hear them speak quite distinctly—on the evening of the 28th I was having a conversation with my brother and Bafcer—towards the latter part of the day Ross joined us—he said, "I will look to you getting me out of it, and will see you all right when I come out"—that I was to say I did not know it was stolen property—I said I should speak the truth about it—he started using language—the following day he paid the pony had been paid for, and no doubt he would lose all his lot.
Cross-examined. I only recollect two conversations—Ross pressed me to steal the pony and trap—I did not intend to be dishonest—it was not a thing to which I would lend, myself—my sense of honesty revolted against it I am a pianoforte maker—I was not in work at this time—I was last in work in May—I decline to say how often I have been convicted of robbing—Idid not steal a bicycle at Watford—I know who stole it—an accomplice of mine—I intended to return it—I did not try to sell it—I took it to a pawnbroker's to pledge—I had been in trouble before about bicycles—I had been in trouble for stealing books from St. Martin's Library—my last conviction for that was on April 21st, 1897—I got nine months' "employment"—that was at the North London Sessions—I had not been convicted twelve months before that for stealing bicycles—I had not been in prison for stealing bicycles or convicted—I did not get twelve months at Bow Street—I had been convicted before going to the Sessions for robbing furnished apartments—that was at Clerkenwell Police-court—Igot six months—my brother was not with me—I said just now stealing was against my conscience, because I had made up my mind to turn over a new leaf—I am not anxious now to do the best I can for myself—I have pleaded guilty. (Harry Denning stood forward.) I have never seen him before—I never gave him sixpence if I drop down dead at this moment. (Harry Perry stood forward.) I have seen him before—Ferrydid not bring me with the puny and cart to Denning, and ask him if he would buy them—Denning did not say that he would not buy them, or that Lucas had a spare tall, where it could be put up—I have seen Denaing in Westminster before I knew about the horse and trap—it is not true that instead of going to Ross on July 22nd the pony and trap were put up at the Black Horse Yard, in Westminster, and that Denning helped me to put it to and that I drove to Catherine Street—Denning did not drive with me to the repository, and enter it there—that is absolutely untrue—I did not give Bluck anything—I did not know what had become of the horse and trap until Monday evening—I knew when it was not in the stables that it had gone to the Elephant and Castle, because they mentioned it on Saturday—I saw Neale—it is not true that I offered the pony and trap for sale in Catherine Street openly—I do not know James Turner—he did not put the pony and trap to for me on Monday at 9.20 a.m.—nor did I give Ross any money—if Denning, Turner and others swear that I am the person who put the pony and trap to, and drove to the Elephant and Castle it is an absolute concoction—I never had the slightest dishonest intention as to the pony and trap.
Re-examined. I don't know who Denning is—I was introduced to him by a friend of his—I was told he had just come out of penal servitude—Harry Perry is a brother of my friend who introduced me to Denning—I do not know Black Horse Yard, Westminster—nor do I know Lucas or where it is—when I was before the Justices at Watford I handed then Ithis written statement on August 9th—I wrote it on August 4th (objection to this allowed by the Court.)
ERNEST CARTWRIGHT . I was in custody at Watford Police-station on July 28th, and while in the cells I heard Ross say to my brother Percy "I rely on you to get me out; I will make it right for you when I was out."
GERALD BAKER . When I was in the cells at Watford Police-station on July 28th I heard Ross say to Percy Cartwrighrt, "I expect you to get me out of this; I will make it all right for you when I come out."
Cross-examined. I mentioned this to a solicitor—I don't know who he was, but he was going against me they said—he did not tell me that Ernest Cartwright had made a statement, or that two others had mentioned what took place in the cells—I have not spoken to Ernest Cartwright about it—Cartwrightsaid that he (Ross) knew it was stolen property—Ross said he did not.
JAMES SULLIVAN (Detective, Watford.) I was in the bath room on July 28th between five and six p.m. the window of which overlooks the exercise yard—this plan (produced. shows the position of the cells and the bath-room—Ross was in No. 7, and Percy Cartwright in No. 3—the distance between them was 19 feet—I had gone into the bath-room to have a wash after conveying Ross there—I made pencil notes of what I could catch of a conversation between Ross and Percy Cartwright—(the witness read his notes.—to the best of my recollection Ross said, "Speak low, there may be some one listening," or words to that effect—Percy Cartwright said, "Stop, there is some one coming."
Cross-examined. I was about to wash my face and hands—I should say I was more than half an hour there making these notes—I do not write shorthand—there were several words I could not catch—the conversation was almost constant—I only caught one observation of Gerald Baker's, and I believe Ernest Cartwright only made one—I don't recollect Ross saying he would make it hot for either of the Cartwrights—I don't recollect Percy Cartwright saying he would speak the truth, or loss then using bad language—they seemed to be having a friendly conversation—Iwas at the police-station on the 29th—I did not hear any conversation then—I do not know that I have before made notes of conversations between prisoners in the cells—I did not hear Ross make promises or inducements to the Cartwrights to give false evidence on his behalf.
WILLIAM LYONS . I am tenant of the stables of the Queen's Arms, Watford—I let out a horse and trap on July 22nd, which were not brought back, and on the 28th I went with Superintendent Wood to some stables in Drury Lane, where I saw Ross and my pony, trap, the whip, and rug, value £33 10s.—Ross said I was very lucky to get them back, as he was offered a good profit on the lot that morning—Wood asked him how he became possessed of them.
Cross-examined. He asked Ross if he had a pony and trap—he said
"Yes," and produced a catalogue from the Elephant and Castle, and pointed out the lot—he had had a conversation with him beore—I had had the pony seven years, and paid 22 guineas for it—£33 10s. is their value to me.
FREDERICK THOMAS POPPLEWELL . I am assistant manager and auctioneer at the London Horse and Carriage Repository, Elephant and Castle—I was there on Monday, July 25th—at 9.15 I booked the three lots mentioned as 136, 136A, and 136B (Percy Cartwright stood up.) I do not think that is the man who booked them in—he gave the name of Cartwright—the lots were sold by auction—they sold for £18 6s.—after deducting, I think, £2 deposit, which would be the ordinary course of business at the time of sale—I suppose these are my figures in the book, showing a total of £18 6s., £3 paid, leaving £15 6s.—I marked in the catalogue how much they were knocked down at—I left it in charge of the police—I think I gave this document to Ross, who paid the money on July 25th, the day they were sold—I paid the money into our sales account—it would have been paid to Percy Cartwright if he claimed it, but he never called—Smith walking in the yard saw him in sailor's uniform and cap at the repository—I thought it strange.
Cross-examined. He had not brass buttons on his coat—he was wearing a reefer—I may be wrong—(Ernest Cartwright stood up.—that is a real reefer—that is the kind of cap I thought he was wearing—I cannot say that is not the man—our runner's name is Bluck—he has been with us about six months—I don't think we took a character with him—he has given us satisfaction—a runner runs the horses up and down—our sales begin about twelve as a rule, and are twice a week—it often happens that a number of entries are made on the day of sales—these were put in without reserve—we keep the catalogue open till ten o'clock for entries—I go to the rostrum where the horses are sold and give particulars—I am sure Percy did not bring the pony and trap.
Re-examined. Bluck has given us satisfaction or he would not be there—I know that he has not been sent away.
WILLIAM WOOD (Superintendent. M) I went to Ross's shop, and afterwards to the stables in Drury Lane on July 26th and saw Ross—I told him who I was, and that I was looking for a pony and trap that had been stolen from Watford—I described them and said I was informed he had them—he said he had one that he had bought at a sale, and I went with Lyons and Ross to the stable, where I saw the pony, trap, whip and rug there, which Lyons identified—Ross said he had bought them at the Elephant and Castle sale—he showed me this catalogue and pointed out the lot—I told him they were stolen property, and I should take possession of them, and I gave him a receipt for them and took them away—on July 28th Percy made a statement, and I then went with Police constable Sullivan to Covent Garden and arrested Ross—I had previously been to the Elephant and Castle and made inquiries—Itook Ross to Bow Street, and charged him with receiving the property—hesaid, after being cautioned, "On Saturday, July 23rd, about 11 a.m, I saw Cartwright in Catherine Street. He asked me if I would buy a pony, trap, and harness, as he wanted to go away. I said, 'No, I only buy things to sell.' He said, 'Well, if you don't buy it, let me have a stable to
keep it in until Monday,' and he paid me 8s. He then said, 'I will put it in a sale at the Elephant and Castle Repository on Monday morning.' On Monday morning he came and took the pony, and trap, and harness, leaving his whip and rug in my stable. I went to the sale, and saw the pony and trap come into the Repository. Cartwright entered the lot I bought, and took the lot home. On July 26th he handed it to me"—the sales would be Monday and Thursday—Police-constable Sullivan made a report to me on July 29th as to a conversation he heard in the cells, and showed me the notes he had made.
T. T. POPPLEWELL Re-examined. Ross is not the person who entered the lot.
Cross-examined. I did not see my brother that day—he was not wearing that particular cap—he wore a reefer—blue serge—a cap like this, and spectacles—I was in a sculling suit the day we took out the trap.
Witnesses for Defence.
JOHN SMITH . I am a porter at Covent Garden Market—I know Mr. Ross—on the morning of Monday, July 25th, I went with him to the Elephant and Castle Repository—we got there about nine o'clock—he said he was going to try and buy a pony and trap—a pony and trap were put up for auction and Mr. Ross bought them—it is not true Mr. Ross drove the pony there, we went on a bus—I did not enter a pony for sale for Mr. Ross.
Cross-examined. Mr. Ross employs me—there was no agreement with him as to what I was to be paid for this day's work—I did not do any on that day—I first saw Percy Cartwright on the Saturday in Catherine Street, Strand—he was talking to Mr. Ross—I did not hear what was said—I was there by chance—it was about 10.30 a.m.—there was a pony and trap there—Mr. Ross asked me to get the key of a stable, and put the pony in there—I helped Cartwright to put it away—I was not in the Wellington public-house on Saturday evening with him and Ross—I did not see Cartwright till Monday morning—he was coming out of the stable with the pony and trap—I did not see any money pass between him and Ross—Ross asked me to go to the Elephant and Castle—I went with him—I did not say before the Magistrate, "I saw the pony and cart taken from Ross's yard by Percy Cartwright"—I can read and write—this is my signatnre—thesale began about twelve o'clock—we got there about nine—we did not know what time the horse would be sold—Ross said he was going to buy a pony and trap—he did not say which one—I left Ross for about forty-five minutes to get some dinner.
Re-examined. I have been working in Covent Garden Market twelve or fifteen years—my work begins early in the morning—it takes about ten or fifteen minutes from Wellington Street to the Elephant and Castle—when I saw Cartwright on Saturday morning he had a pony and trap with him.
of a stable in the Broadway, Westminster—I have known Percy Cartwright about three years—on July 22nd, about 5.45 p.m., I saw him in Kemble Street, Drury Lane—he had a pony and cart with him—he asked if I could find him a stable—I introduced him to a man named Benin at Westminster—Cartwright asked him if he knew of a buyer—Beninsaid he would try and find one—Cartwright said, "Do you think you can find me a stable for to-night to put this horse up"—Benin said, "Yes, I think Mr. Lucas has got a stable"—Benin gave me 6d. to get the horse some food—I took the pony and trap to a cornchandler and bought some oats, put them into a box, and gave most of them to the horse, returning the rest with the box to the corn chandler—I do not know where Lucas is now—the prisoner has not given me any money in this case—I have never been in trouble—I was discharged from the Graphic for robbing a man.
WILLIAM BENIN . I am a general dealer—I live at Pear Street—I do not know a man named Percy Cartwright—I know Barry—I saw him on July 23rd—Cartwright was with him, with a pony and trap—Cartwright said the pony had not had any food all the day—after it had had some food Cartwright took it to Mr. Lucas's stable—the next morning he took it to Catherine Street—I left him there—he said he would meet me again that night to pay me some money he owed me—he did not sell the pony and trap; I said he had better take it to the Elephant and Castle sale—I went with him—I met him in Drury Lane on the Monday, about 9.20, and we drove to the repository—he went inside and returned with a ticket—he told me to go and call for his money if the pony was sold that day—I had not known him before—Ross was then a stranger to me—I knew Barry—when we drove to the, repository I had no doubt that the pony and trap were for sale—I was not present at the sale.
Cross-examined. I have been in trouble—I was convicted in 1894 for stealing a barrel of rum—my sentence wasthree years' penal servitude—I stole it from King's Road, Chelsea—I took it away in a pony van—myaccomplice was also convicted—we took it to a stable in Vauxhall Bridge Road—a man named Harrington kept the stable then—Barry in troduced me to Ross—I did not know he had been in custody for robbery—Ihad known Barry five or six years—I don't know what became of the rum—Harrington was a publican—Barry did not tell me Cartwright was a convicted thief—Cartwright said he came from Portsmouth—he said he had had the pony and cart sixteen days—he only had 6d. to pay for the pony's food and keep—I have no need for a pony myself—I did not offer to buy it, it was not suggested I should do so—I gave the man some money, and I thought I should get some commission out of the affair—I got nothing for my trouble—I did not know that the money would not be paid till Thursday—I do not know who he gave the pony and trap to—I was at the gale—I lost a day's work, and expected a little off the man—he never said he would pay me anything—on Saturday morning we stopped outside a public-house; I then went home—I am a dealer in the streets anywhere—I was introduced to Ross while he was on bail—hesaid he thought I could do him a service—Barry told me Ross was in trouble, and that it was Cartwright's pony and trap that he was in trouble about; it was a Sunday—I did not lose a day's work then—I was not
paid anything—I did not go to Watford—this was after he had been committed for trial—Ross knew what my character was.
Re-examined. I did not disguise my character at all when Cartwright told me he had come from Portsmouth; he was dressed like a sailor—he promised to pay me the money if he got a customer—I had lent him 2s. 6d. and 6d. for the food for the pony—I have never received any money.
By the. COURT. I have been convicted five or six times; twice for felony.
WILLIAM BLUCK . I am a runner at the Elephant and Castle Repository—Iremember a pony being brought thereon July 25th—I don't know the man's name who brought it—he gave me 6d. to feed the pony—the prisoner is the man.
Cross-examined. I did not spend the whole of the 6d. on the food—I don't know how much I spent in fluid—it is dry work being a ruuner—I have not been discharged from the Elephant and Castle—on the Monday following the sale, a man came and asked me if I could recognise the man who bought the pony—I said I thought I could—I went to Watford to do so—I saw the two Cartwrights in the dock—I did not see Smith after the horse was sold—I did not see Ross there—he was in the dock at Watford—I did not know who Cartwright was—I knew him as the person who gave me the 6d.—I only went to Watford once.
Re-examined. I recognise Cartwright as the man who spoke to me at the repository—I was sober at Watford—I have never been convicted of anything.
CHARLES NEIL . I am a salesman in Covent Garden—I know Cartwright—Isaw him on the Saturday previous to seeing him at Watford, in Catherine Street—he had a pony and trap with him, which he was offering for sale—he said if he could not sell them he would put it in the Elephant and Castle Repository.
Cross-examined. Ross was there—it is untrue that he and Cartwright, and myself were for fifteen minutes outside a public-house in Catherine Street—I only know John Smith as a witness—I am Ross's brother-in-law—Ido not know that he has employed Smith for years as a porter in Covent Garden—I do not know that he took Smith with him when he bought the pony and trap.
Re-examined. Smith is not permanently engaged by Mr. Ross.
JAMES TURNER . I am employed by Mr. Ross—on Monday, July 25th, I remember harnessing a pony and trap about 9.20 a.m.—Percy Cartwright told me to do it—he took it out of the yard and drove away—he assisted me to harness it—he did not take a whip with him—John Smith was there—Cartwright gave Ross some money—Smith was standing in the yard two or three yards from me—I did not hear what was said.
Cross-examined. Nobody helped me to put the pony in except Percy—Smithwas in the yard, nobody drove away with Cartwright—I do not know Benin—I did not see the money which Cartwright gave Ross—I am a greengrocer's assistant.
JOHN SMITH (Re-examined.) I saw Cartwright driving past me in Drury Lane about nine o'clock—that was the first time I saw the trap that morning—Cartwright was in the trap alone—I saw Ross about ten minutes
afterwards—he was in the shop—I saw him in the market between 8.30 and 8.45—the market and the stable are about five minutes' walk apart.
ROSS GUILTY — Eighteen Months' Hard Labour.
PERCY CARTWRIGHT then. PLEADED GUILTY to a conviction of felony on April. 6th, 1892.— Fifteen Months' Hard Labour.
562. THOMAS GIBSON and CHARLES GRIFFITHS PLEADED GUILTY to Breaking and entering the dwelling-house of Alfred Bryant, and stealing his goods, GIBSON having been convicted on May. 16th,. 1893. Four other convictions were proved against him. And. GRIFFITHS having been convicted on March. 2nd. 1892. Three convictions of five years' penal servitude each , and one of three years was proved againsthim.— Five Years' Penal Servitude each.
564. HENRY FLOWER , to Forging and uttering an order for the receipt of £1 1s., and Stealing £1 1s. from George Bance, having been convicted of forgery on December 11th, 1391.— Six Months' Hard Labour. [Pleaded guilty: See original trial image.]
565. WILLIAM HALL , to Stealing a purse and the sum of 13s. 2d. from Ada Ransom, Having been convicted of felony on March 3rd. 1897. Another conviction was proved against him on June 3rd. 1889, and he was known as an associate of convicted thieves.— Twelve Months' Hard Labour [Pleaded guilty: See original trial image.] And
566. JAMES BENNETT (46) , to a Burglary in the house of Frederick James Kidd, and Stealing three pairs of boots, having been convicted at Stratford on March. 25th, 1898. Another conviction was proved against him.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
OLD COURT.—Thursday, September. 15th, 1898.
Before Mr. Justice Darling.
MR. CAMPBELL Prosecuted.
EMILY OAKHAM . I am the wife of Albert Oakham, of 3, Wagon Street, Fulham—the deceased was my husband's sister—she married William Hackett, a labourer—for three or four years she has not been living with her husband—she lived with Moses Tyne about two years—fora few months, at 71, Reporton Road, Fulham.
BERTHA PERKINS . I am the wife of William Perking of 71, Reporton Road, Fulham—for about five months before July, 11th the prisoner occupied a room in the basement with Louisa Hackett as man and wife—he was a labourer—both used to work—on Monday, July 11th, I saw the deceased chopping wood—she went out about 2 p.m.—she was sober—shecame in about 5.30 p.m. the worse for drink—she went to her room and laid on the bed—I spoke to her—the prisoner came in about 5.45 p.m.—I saw him from my front window—he was sober—I next heard them quarrelling—I recognised Mrs. Hackett's voice—I saw the
prisoner go out—he came in about 9.15 p.m.—a few minutes before that Mrs. Hackett came to my kitchen, spoke to me and showed me her face—itwas swollen on the left side under the eye and on the lip—she went out of my kitchen and followed the prisoner—as I was going upstairs I heard a woman's scream and a thud as if someone had fallen—I went upstairs Iwith Nellie Turner, and sat on the steps of the house—about five minutes after the prisoner came up, and said, "I gave her a push, and she fell over the bed-rail; I think I have killed her"—I said, "Don't say. that"—hesaid, "You come down and look"—I said, "No, you had better go for my husband"—he went to the club and fetched my husband, and be sent me for some brandy—my husband and the prisoner went in the room together—my husband sent for doctor, and sent for the police—on the Tuesday morning when they were taking the deceased away I looked in the room.
Cross-examined by the Prisoner. I understood you to say not, "I think she has killed herself," but "I think I have killed her"—you said, "I do not know what I shall do with myself. I think I shall do away with myself."
JOHN WINDER . I am a medical practitioner, of 89, Dawes Road, Fulham—Iwas called to 71, Reporton Road, by Mr. Perkins on July 11th shortly after 10 p.m.—I met the prisoner at the gate leading to the basement—I asked him if I had come to the right place—he said, "Yes"—goingdown the steps he remarked," She is dead"—when we had got into the room I said, "Yes, she is dead right enough," and asked him how it happened—hesaid he had come home about 9.20 p.m. and found her on the bed, then he asked her if she was not going to make the bed, she said, "Yes," and got up to do it, he said "You are too drunk to do it" and gave her a push and she fell—later on he made a statement about what occurred earlier in the afternoon—the bedstead was iron—I examined her—abruised eye and a swollen and cut lip were all that were evident then—thebruise I eye was six to twelve days old—the cut lip was recent; within three days, probably within twenty-four hours, because there was a small quantity of blood on the side and a blood stain on the lip—that might have been done during the evening, within a few hours—what I saw then did not account for the death—I made a post mortem on the 13th—I found a small bruise on the front and a large one on the back of the left arm—they may have been caused by a grip of the hand—there was a small bruise on the left buttock which might have been caused by a fall or a kick, and a deep bruise and extravasation of blood on the left side of the head, which was not evident till the scalp had been removed, which might have been caused by a fall or a blow—I found effusion of blood on both sides of the brain, and extensive effusion of blood at the base of the brain, which was probably the cause of death—the effusion at the sides of the brain might be accounted for by the bruises I have described—the effusion at the base of the brain was probably from a fell, and the back of the head coming against the floor—it would leave no mark of violence, because the hair would form a good protecting pad—the effusion at the base of the brain would cause death almost immediately—it would arise from the concussion of the base of the brain with the skull inside—a fall from a standing position would produce it.
CHARLES HOFFER (131 T). At 10.37 p.m. on July 11th I was called to 71, Reporton Road—I found the prisoner on the area steps talking to the doctor—I went with him to the front room—the body of the woman was on the bed—I asked the prisoner if he knew anything about the death of the woman—he began to make a statement, and I cautioned him that anything he said would be taken down and might be used against him—he said, "I came home at 5.45 and found her drunk lying on the bed I asked her to get my tea. She did not, and I gave her one or two cracks on the face. I then went out, and came home at 9.25 p.m., and said, 'Ain't you going to get this bed made?' She said, 'I am going to make it.' I then pushed her, and she fell with her head against the head of the bedstead, and she fell down between the bedstead and the table. I then picked her up and put her on the bed, and bathed her face with water. I then went to a club and fetched the landlord of the house."
In defence, the prisoner in effect repeated this statement.
GUILTY .— Ten Months' Hard Labour.
NEW COURT.—Thursday, September 15th, 1898.
Before Mr. Recorder.
569. ROBERT KEYMER (64) to Stealing a coat, a pair of gloves and other articles, the property of George William Billing, and having been convicted at this Court in December, 1890.— Six Months' Hard Labour. [Pleaded guilty: See original trial image.] And
MR. BODKIN Prosecuted.
JOHN DOWLING . I am assistant secretary to the Royal Hospital, Chelsea—soldiers'pensions are granted there during their ill-health, but they are paid by the Military authorities—on October 17th, 1883, a pension of 8d, a day was granted to Edward Banks, a gunner, for seven months—it expired and was afterwards extended—it expired in January, 1889—Banks was in the Royal Horse Artillery and his regimental number was 1061—in May, 1892, I received this letter—(From Edward Banks, R.H.A. 44 St John Street, Margate, requesting a renewal of his pension as he was suffering from dysentery and fever, and had two little ones to support.—a request was forwarded to him on June 4th asking him to come up to the hospital for medical examination on any day—I received this letter on June 7th, (Signed. "R Banks" and stating that he was ill and confined to bed.)—on June 13th a man came and brought this form: he was referred to Dr. M'Nunn the medical officer, who reported—the man's travelling expenses, 10s. 2d., were paid and I produce his receipt, it is signed Edward
Banks—Dr. M'Nunn's report was considered and a life pension of 8d. a day was granted—an identity certificate was issued and also a life certificate—sincethis we have put in force means of preventing it, we have a description of the man and any marks on his body—in April, 1898, I received this letter signed George Rowland Williams from the Poplar Infirmary, inquiries were made and we wrote to Edward Banks at Margate and received this letter without any signature. "Sir, I am sorry I cannot meet your commands, I have a job to do and as soon as I can come I will"—on May the 15th I received this post card. "Sir, I will meet you on Tuesday, May 28th, by the first train, at Chelsea Hospital E. Banks, late of Margate"—it bears the Margate post mark—about May 17th I saw Banks at the office and showed him the letter of April 24th, and asked him why he did not sign it and give his address, and asked him if it was his writing, he said "Yes"—I showed him this post card, and asked him the meaning of the words, "Late of Margate"—he gave me no answer—I looked at his hand, and found that his first finger was injured, which was the case with Gunner Banks.
JOHN ALEXANDER M'NUNN , M.D. I was in the Army, but have retired—in 1687 I examined a man named Edward Banks at the Royal Hospital, Chelsea, and made this report, which correctly describes the state of his health—on June 13th, 1892, I examined a man giving the name of Edward Banks at the Royal Hospital—this is my report. (This stated that Banks was in weak, anamic health, and was threatened with lung disease.)—I cannot possibly recollect whether the man I examined in 1887 was the same man I examined in 1892.
Cross-examined by the Prisonsr. I did not examine your hand—a man may be ill with dysentry and get well and be fit for service afterwards.
THOMAS LISSERWOOD . I am a physician and surgeon advising the Commissioners of the Royal Hospital—on May 17th this year I examined the prisoner Banks at the hospital, and made this report: "Weight, 11 st. 10lb., in perfect health, able to earn a livelihood; will not give decided evidence as to his earnings; has had no work for three days, cannot get it"—Banks is the man.
JULIA BOWEN . I am the wife of Henry Bowen of 44. St. John's Road, Margate—Banks has lived at my house twelve years—I have seen Williams with him at my house and elsewhere—I heard a conversation between them there about 1892, and heard them mention a pension—they appeared to be on pretty good terms.
Cross-examined. He asked if you had been a soldier, and you said, "Yes"—you both said that you had been to London.
FREDERICK GRANT . I am a cab proprietor, of 4, Victoria Road, Rams-gate—Ihave known Banks ten years—I saw him and Williams in a public-house in May, 1892—Williams asked Banks if he had been in the Army—he said, "Yes"—Williams said, "Have you had a pension?—he said, "Yes, but it has run out"—Williams said, I can arrange and get you a pension for life; I have done it before—they arranged to meet the next day—I saw them again a few days afterwards, and Banks said that he had got his pension—I have been in the police—I had never seen him before—I thought it was all right, and that he was going to put him in the way of it.
Cross-examined. I did not hear him ask you if you would give him £5 if he got your pension back, but I know he said that he would get you a pension—I did not hear him say that he was going to personate you.
JAMES HENRY HARGRAVES . I am a clerk at the head Post Office, Margate—Ihave known Banks six or seven years coming to the Post Office—heseemed in very good health, and did not complain of being ill—he is a labourer—I produce a bundle of twelve or fourteen monoy orders which Banks cashed at the office—I have seen him sign them.
CHARLES PENFOLD (Police Inspector, Margate.) I have known Banks nine years, he was always employed at out-door work fairly regular, and was in good health—I have signed life certificates for him at various times, and some of these are signed by me—the last one was on June 4th last—he has produced his identity certificate on each occasion—he signed it in my presence and I asked him if he still lived at 44, St. John's Road, I afterwards found that he had not lived there for some time, but has been living at 205, High Street—I made the alteration and initialled and signed it—I know Williams as being about Margate since 1892.
HENRY BISHOP (Detective Sergeant, R.) The prisoner Williams wrote this document produced in my presence, it is, in my opinion, in the same writing as the former documents, which are, therefore, in Williams' writing.
ELIAS BOWER (Police Sergeant.) On June 30th I saw Banks at Church Street, Margate, and read the warrant to him for his arrest and showed him the letters of May 27th, 1892, and of June 6th, and the receipt signed "Edward Banks"—he said, "Neither of them was written by me; but this postcard and the other certificate were written by me"—Itook him to London next morning—he said, "Williams led me into this. I told him I had been a pensioner, but the pension had expired. He said he could make it all right. I gave him my papers, and he went up for the medical examination for me, and I continued receiving a pension. Afterwards I could not sleep at times for thinking of it'—I found on him his original discharge from the Army in 1883—exhibit 2 shows that he received a pension of 8d. a day, which was extended on three occasions, and expired in 1889.
Cross-examined. He said, "Instead of offering Williams £2, Williams asked me if I would give him £5 to do it—I took down what he said, not in his presence, but immediately I got to Bow Street—his words were, "I promised to give him £5."
Bank's statement before the Magistrate. "The two doctors from Chelsea have known me each time. The Secretary has always found me in the same name. The prisoner Williams has been trying to do me an injury."
Banks produced a written defence, stating that he met Williams at the Cinque Ports Hotel, who offered for £5 to get his pension renewed by writing to a gentleman named Stewart at Chelsea Hospital, and that he did not know that Williams was going to personate him, but was guilty or receiving the money.
BANKS— GUILTY, recommended to mercy by the. JURY — Six Month's Hard Labour. Sentence on. WILLIAMS, against whom several previous convictions were proved.— Four Years' Penal Servitude.
THIRD COURT.—Thursday, September 15th, 1898.
Before Mr. Common Serjeant.
572. WILFRID WATERMAN (22) PLEADED GUILTY to Stealing a handkerchief, value 1s., the property of Flora Keene, and a concertina, value £3 3s, from Sidney Chidly. Eight former convictions were proved against him.— Eighteen Months' Hard Labour.
573. THOMAS SCRIVEN (18) to burglary in the dwelling-house of Frederick Lewis, and stealing twenty-eight pairs of boots and other articles, and also to a former conviction.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
575. LOUIS AUSTIN (26) to Marrying Florence J. Bullen, his wife being then alive, and to forging and uttering a bankers cheque for £9 3s. 6d.— Three Years' Penal Servitude for the bigamy, and Eighteen Months for the forgery, to run concurrently. [Pleaded guilty: See original trial image.]
GUILTY .— One Month's Hard Labour.
NOT GUILTY .
OLD COURT.—Friday and Saturday, September 16th and 17th, 1898.
Before Mr. Justice Darling.
MR. RAVEN Prosecuted.
GUILTY — Six Months' Imprisonment.
(For other cases tried on these days see Essex and Surrey cases.
NEW COURT.—Friday, September 16th, 1898.
Before Mr. Recorder.
MR. GILL and MR. BESLEY, Q.C, Prosecutcd.
JOHN AGAR (Detective Inspector, City.) On August 20th I arrested the prisoner without a warrant in a house in Vicarage Road, Eccles, near Manchester. I asked him if his name was Marcus Lewis, he said "Yes"—I said that I was a police officer from London, showed him a cheque
and said that I should arrest him for altering it from £1 to £61—he said "I have an answer to the charge, I have the correspondence here," and handed me these three letters (produced. in envelopes as they are now, and I found this other letter among his papers—I told him I should take him to London on the charge, he said "If the money is paid to Mr. Tarbett cannot the charge be withdrawn?" I said "No"—he said "If the bankers are paid cannot it be withdrawn?" I said I did not know—when the charge was read over to him "with intent to defraud," he said "That is the question"—I found books and papers and prayer-books in his bag and a certificate of the United States College, New Jersey.
REV. JOHN LANCELOT TARBETT . I am a clerk in holy orders, of Mitcham Vicarage, near Reading—I dealt with the prisoner a when he was a miller near Newbery—he failed in business, and I did not see him for some time, I then heard that he had become a member of the Reformed Church of England, as he calls it—they have churches scattered about, one of which he had charge of—in May this year he applied to me, saying that a gentleman at Bournemouth would let him have £10 if he could iaise £10 among his friends, and I wrote to him on May 23rd, enclosing a cheque for £1, and said that I was going away, and I sent him a postcard, telling him to expect nothing further from me—I said, "I hope the £10 will not be withheld for 30s."—that was because he said that he had got £8 10s.—I have not seen the gentleman from Bourne-month—Iwent abroad on June 2nd, and my letters were sent to my son-in-law, Mr. Armstrong, of the Temple, in my absence—I did not receive a letter from the prisoner asking for leave to alter the cheque for £1 to £61—Ireceived this letter of July 30th, enclosing copies of letters of June 11th and July 14th.
Cross-examined by the Prisoner. During my absence all letters were forwarded from the vicarage by the governess.
EDWARD ARCHIBALD ARMSTRONG . I am a barrister, of 2, Garden Court, Temple, and am the son-in-law of the last witness—I undertook to receive his letters and answer them if necessary—he was absent from June 2nd to August 1st—I received no letter of June 14th—no other letter is missing as far as I am aware—I received the letter of July 9th on July 12th—I have a letter purporting to have been written the day before and posted at Bournemouth on the 11th—the letter of the 12th from the Rectory contained; the Bournemouth letter of the 11th—July 10th was Sunday and the letter of July 9th did not come to my hands till the 12th—I made a communication to the bankers—I received a second letter from the prisoner to which I replied on the 18th.
Prisoner's Defence.—Iam perfectly innocent. I am sixty years of age and have had a good name, up to the present time and I ask you not to blast my character.
GUILTY .—The police stated that a great deal of betting correspondence was found upon the prisoner.— Fifteen Months' Hard Labour.
MR. SOPER Prosecuted.
SARAH CARNEY . I am the wife of Thomas Carney, of 2, Vere Street a flusher of the drains at night in the employ of the Board of Works—I had seen the prisoner in a public-house, but had never drunk with him—on August 3rd a girl he keeps company with and her sister, asked me into the Spotted Dog, and I had a drink at 11.30—the girls went out, and I waited for my husband—the prisoner met my husband outside, and I said, "He has come to see you"—he kept my company all night, and my husband spent 6s. which I had to work hard for—my husband said to him, "Go and get a couple of bottles of beer"—we were drinking all night till five a.m. when I said to my husband, "I am going home," the prisoner stopped in a public-house with my husband, and then gave him the slip and came after me with silent steps and caught hold of me—I have had a mark on my eyebrow where he threw me down—I said, "Don't kill me"—I saw his face clearly while I was on the ground—he took my wedding ring off my finger—I saw him take it, but after he took it I became insensibie—I did not give him my ring—that was between five and six o'clock—I got home at ten o'clock, and was in bed four weeks—on Monday, August 8th, I gave information to the police.
Cross-examined. Idid not give you in custody before because I was ill in bed, and never came out for a week—I charged you on Tuesday, August 9th—this occurred half a stone's throw from the public-house.
THOMAS JOHN MOKRIS . I am a zinc-etcher, of Drury Lane—on August 4th, between 8 and 8.15, I met the prisoner in Newcastle Street, Strand—he said that he had a ring belonging to his mother, and asked me to pawn it—I do not know why—William Ing was with me—he waited outside, and I pawned it at Chester's, in Clare Market, in the name of James, for 3s., because I did not want to put it in my name—he gave me a glass of ale for doing it—this is the ticket I received—I gave it to the prisoner.
WILLIAM ING . I am a printer, of Windsor Court, Strand—I know the prisoner and Morris—on August 4th I met them in the Strand—the prisoner asked me to go for a walk, and said, "I have got a ring, it is my mother's, I got it the day she was buried; it is a shame to pawn it but I want the money"—Morris went in and pawned it, and brought out the money and the ticket—he gave us a drink.
HENRY RANDALL (202 E.) On August 8th about 2.30 p.m. I was in Newcastle Street, and the prosecutrix complained to me—both her eyes were black—I saw the prisoner in the Strand about four o'clock, and told him I should take him to the station, as he answered to the description I had—he made no reply—I took him there—the charge was read over to him, and he made no reply—I found this pawn-ticket on him.
The Prisoner in his statement before the Magistrate said that the prosecutrix was too drunk to stand and took her ring off and gave it to him and asked him to pawn it, and not to say that it was hers, but his mother's and then her husband would not know it, and that she slipped on a step and cut her eye.
NOT GUILTY .
MR. GREENFIELD Prosecuted, and. MR. BLACKLOCK Defended.
JOHN UPTON (109, City.) At 3.50 on July 26th I was in St. Paul's Churchyard—I was called to the shop of Messrs. Cook, Son & Co., 26, Carter Lane, where I saw the prisoner detais—he was charged with obtaining silk to the value of about £6 with a forgedorder that day and the day before—he said "This is doing it for another man," and that he did not know who the man was, or his name, but had met him a few days previously; that the man had given him 10s. and woud give him—I when he had got this to-day, and that he was waiting for him in a court in Cheapside—that was the only description he gave—we have not found him.
Cross-examined. I did not go to find the other man, I thought it was my duty to take the prisoner and let the other man go.
SIDNEY ALBERT SNELL . I am watchman to Messrs. Cook—on July 25th, the prisoner presented an order and said that he came from Bradbury's to me—we advised Bradbury, Gretorex and Co. that we had an order from them and they replied that they had given no such order to any man—we did not give the prisoner the goods; we gave him in charge.
Cross-examined. The prisoner told us where the other man was, and wanted to be taken to him, so that he could show us where he was—he told us that at the station three hours afterwards, not in the warehouse—I asked him how long he had been at Bradbury's and he said eight months.
Cross-examined. The orders are on our forms, but not order forms—they are slips which are hung up in the warehouse, not invoices but memorandum forms—they are quite accessible to anyone, simply headed "Silks" and the name of the firm.
Cross-examined. He gave me every information about the transactions of the last few days—he said he was to take them to another man, who would pay him for them—I went to the court about thirty minutes afterwards, but could find no man.
S. A. SNELL (Re-examined.) When the prisoner was in the counting-house he threw some papers on the ground from his pocket—among them there was a blank form with our name on it.
GUILTY ,— Judgment respited.
MR. WARBURTON Prosecuted, and. MR. DRAKE Defended Brown.
23rd I went out with my brother about 9 a.m.—about 3 p.m., on our way to Walton, we icet Joseph Brown on a pony-barrow—I got on his barrow, and we went to Hampton Wick—my brother drove my barrow—we saw the three other prisoners there—I knew them before—they were outside the King's Head public-house—my pony and cart went on to the bridge, and my brother went after it—he had left it unattended—I was not drunk—I had had a drop of drink—we had some drink—I then got up into Brown's barrow, and had some bread and cheese there—Brown stood against the pony's head—the others surrounded me, and got hold of me very roughly—Andrews put his hand in my fob pocket, and took £31 10s. out—I bad had the money all day—wehad been talking about purchasing a pony and barrow—Day and Peters held me down while Andrews put his hand in my pocket—Brown drove me home afterwards—in consequence of what my brother said I found my money gone—I saw Brown next morning—I said "I have been robbed"—he said, "Keep quiet; you might hear something"—at the public-house Brown gave me a glass of beer, after which I felt very bad and very stupid—I was not drunk before I had it—I think it had something in it—my brother was uutside ill the time—he went after the pony which had gone away—when he was returning with it a man named Goodchild said, "If you come back here I will knock your b—brains out"—Goodchild has not been caught—Brown was caught last Monday—he lives at Elm Road.
Cross-examined by Andrews. I did not ask my brother if I was robbed till I got home, because I was so bad—I had no chance to call out—I did not see any policeman.
Cross-examined by. MR. DRAKE. I have known Brown some time—he has three ponies and two barrows—he lives with his father and mother now he has left his wife—I do not know that he is a respectable man be asked me to get into his barrow—I had the money when I met him—I had had no drink before that—we arrived at the public-house about nine—I have spoken to the other men at times—I do not know that I have ever seen Brown with the other men—I was under the influence of drink when I went into the public-house at Hampton Wick—I did not treat the other men or my brother, he went away when the men threatened him. Brown's cart was outside the public-house—the other men were not inside, only Brown. Day brought the bread and cheese to me when I was lying in the cart outside—I did not tell Brown when we got home that he had robbed me. I went to the station that night, but I did not see Brown again till next morning—I did not examine his cart to see if the money was there—I told Brown I would give him £10 for his pony and barrow—heknew I had the money
GEORGE GARTON . I live at 2, Cambridge Terrace, Norbiton—on August 23rd I and my brother met Brown, and went to a public-house at Hampton Wick—we had some drink—I asked my brother if he had his money all right—he said yes—I went out after my pony—I knew my brother had money on him—coming back I met Goodchild who said, "I will knock your brains out if you come down here"—I saw my brother in the barrow—Brown was by his pony's head—the other men were
round the barrow holding my brother down—Brown could have seen what the others were doing.
Cross-examined by. MR. DRAKE. I was with my brother all day—Brown took us both home from the public-house in his cart—we went to the station that night—I went to Brown's next morning—I did not examine his cart—he said "You keep quiet, you may hear something of it."
THOMAS MAGNER (Police Constable, T.) In consequence of information received on August 25th, I saw the prosecutor and got warrants for the apprehension of Day, Andrews, Peters, Brown, and Goodchild—on the 26th I saw Day in Kingston—I said I was a police officer and had a warrant for his arrest for stealing £31 10s. on the 23rd—he said "I was there with Goodchild, Brown and Peters; Andrews was not there, so he could not have any money; the money went whilst I was getting a light; I have got a good character and I do not want to lose it for what the others have done"—Andrews was brought from a ginger beer factory and I said I had a warrant for his arrest. He said "Yes, I was there, and I know the others that were there also; surely I am not going to suffer for what they have done; if I had known you were coming here you would not have found me, and it would have taken you all your time to find me: I saw the prosecutor the following morning and thought the matter had blown over."—I then went to 11, Young's Buildings, Kingston, where I found Peters in bed—I said I should an est him for stealing £31 10s. from Gardner—he said "This is all right; has one of them turned coppers' nark? Those who took the money, let them suffer; I am innocent, I did not have any"—I said, "Andrews and Day are in custody"—a coders' nark means a man who assists the police—I made every inquiry about Brown, but he and Goodchild had decamped—I afterwards arrested Brown at Brighton—I read the warrant to him—he said, "Yes, I was there, but I never had a halfpenny of their money."
Cross-examined by Peters. Your brother did not say anything to me when I arrested you, but you were both very violent, and somebody threw a cat at me.
Cross-examined by. MR. DRAKE. I know that Brown has been all his life in that district—this is the first time a charge has been brought against him—I think he left Kingston on the 25th—I do not know that he goes to Brighton and other places to sell his goods in summer.
GEORGE COLE (30 T.) On August 26th, at 12.45, I was in charge of the station at Teddington when Day and Andrews were brought in—Andrews said to Day, "This is all right, where are the others? We will have to suffer for their lot as well as our own, I suppose."
Evidence for Andrews.
ELLEN BETTERSWORTH . I live at 19, Asylum Road, and am married—on August 23rd I was walking along that road with Andrews in the evening—we were going to the King's Head—I saw Lewis Garton, who asked me to have a drink—I had one, and also Andrews—then Garton got into the cart, and had some bread and cheese, and then lay down in the cart—I asked Andrews to come home—we live in the same house—he said he would—we went across to the Crown and Thistle, and
stayed there till 10.55, and then went home—Andrews was not in Gaston's company any more.
Cross-examined. My husband lives in Eldon Street, Kingston—I have not lived with him for three years—I have lived with Andrews recently—he does all sorts of work.
Day, in his defence, stated that Gaston asked him to mind his pony for him, which he did till he returned with a candle for his lantern. Andrews sod that Gaston had asked him and the girl to have a drink which they did, and he went home with the girl. Peters said that he left a basket outside, and went in to get a drink and spent the night at his sister's.
DAY, ANDREWS and PETERS GUILTY .
BROWN NOT GUILTY .
Andrews then. PLEADED GUILTY to a conviction of felony on June. 10th, 1895, and six other convictions were proved against him.
DAY— Six Months' Hard Labour.
ANDREWS— Ten Months' Hard Labour.
PETERS— Eight Months' Hard Labour.
THIRD COURT.—Friday 16th September 1898.
Before Mr. Common Serjeant.
MR. MAY Prosecuted.
VICTOR BORGOIS (Interpreted.) In June last I was employed as pastry-cook at the Royal Palace Hotel, Kensington, where the prisoner was waiter. He told me there was a vacancy for a pastry-cook at the Grand Hotel, Scarborough, which situation he could get for me—he showed me a letter which he said came from Scarboro'—(produced.—a guarantee of £1 15s. was wanted and I gave him £2, which he took to the post office and got two orders for £1—he put them, in my presence, in an envelope and said be would send them to the manager of the Scarborough Hotel—theprisoner left at the end of the month and I received this letter from him in Flemish and I wrote to Scarborough—it was on the faith of the letter that I parted with the £2.
Cross-examined by the Prisoner. I lent you £3 10s. on the strength of the vacancy and the £2 to send to Scarborough.
CAPTAIN EDMUND LYONS GREENE , R.N. I am manager of the Grand Hotel, Scarborough—the prisoner was in my service last year as still-room man—this letter is written on the hotel paper—I do not know Auguste Agar, by whom it purports to be sent—there was no such vacancy, and I did not authorise anyone to engage a pastrycook, or to find a deposit of £1 15s. 0d.—a man wrote to me to say he had been engaged, but I answered, saying there was no authority for it.
THOMAS DYSON (Detective Serjeant, F.) I arrested the prisoner at Scarborough, and read the warrant to him—he said, "He did lend me the money," and on the way to London he said, "Serjeant, what should I do; should I plead guilty?"—I said, "I cannot advise you, you must not ask me that question again"—he was kind of odd man at the Crown Hotel.
The prisoner's statement before the Magistrate. "That man lent
me some money. I never made any money by false, pretences—he lent me £5 I said as soon as I had money I would give it him back."
Prisoner's defence. The money was lent me until I could repay it.
—He then. PLEADED GUILTY to a conviction of Jelony at Clerkenmll on 1th January. 1895.— Eigltieen Months Hard Labour.
NEW COURT.—Saturday, September 11th, 1898.
Before Mr. Recorder.
MR. WARBURTON Prosecuted, and MR.—Defended.
JOHN OTTOWAY (City Detective Serjeant.) On July 30th, about nine p.m, I arrested the prisoner at Brighton on a warrant for stealing tea, which was read to him at the station, and he said, "I don't know anything about anything"—I found no tea in his possession—four people were charged, but it was determined to offer no evidence against two, and no proceedings were taken.
Cross-examined. I had no difficulty in taking the prisoner, but he had gone away for a holiday, and his wife did not know where he was—he was living in the name of Tremaine.
EDWARD KELL . I am a sample boy employed by Hanson and Bangor, tea dealers, of Bermondsey—it was my duty to take samples of tea to two warehouses—my time to come to the warehouse was 8.30 a.m.—the prisoner asked me for a sample of tea in May, and I gave him about an ounce—hewas mending the telephone; he is an electrical engineer—he said, "Will you fetch me a couple of parcels for next morning?"—I fetched them from my masters' place, and he came to the same place, and I gave him the tea—he gave me 5s. for it—I had no right to sell it.
By the. COURT. I got them out of the sample-room—the tea is not done up in samples; it is in chests—I made up the parcel myself and gave it to him—it was between 15lbs. and 20lbs.—that is not what I call a sample—he used to come to fetch tea about twice a week and gave me 5s. each time—I sometimes cot 10s. a week from him—Morris heloed me, and Steadman was aware of that—Morris said that the housekeeper might catch me—I never left the tea with any one but Steadman—I left it at the general office at the telephone place.
Cross-examined. I did not tell Steadman that the box by the door was what they put sweepings in—I did not tell him I only got 6s. a week and made a little by selling the sweepings—I was not allowed to sell anything—Idid not tell him that they took the sweepings down and burnt them every week and that I got a lot—they do not burn them they put them into a chest—there is a chest at the door which they put sweepings in.
years of age—I work in the sample-room with Kell—I come about 8.10.—there are open chests of tea in the sample-room—lam not allowed to sell any tea—I sweep out the sample-room No. 16—I have not seen Kell talking to the prisoner, or in his company at all—I took the tea that Kell gave me to the prisoner a office, 20, Gracechurch Street—he generally gave me 5s. which I gave to Kell, and Kell and I divided it.
Cross-examined. My wages were 6s. a week—I did not have any conversation with Kell—the tea did not come from the sweepings, but out of the chests—neither Kell or I took the tea from the sweepings.
RICHARD BRAMBLEBY . I am manager to Messrs, Hanson, Son, and Bangor, tea merchants—I was present on July 20th, when Morris was brought in with two parcels of tea, weighing 18lbs.—the boys hare no right to get rid of sweepings.
Cross-examined. If these had been sweepings, 4s. 6d. would be a fair price for them.
By the. COURT. The sweepings would go back into the boxes—the let is not injured on the counter.
The. RECORDER directed the JURY that the prisoner could not be ronvicted on the uncorroborated evidence of an accomplice.
Steadman PLEADED GUILTY .
MR. WARBURTON Prosecuted, and MR.—Defended.
EDWARD KELL . Stead man gave me instructions with regard to this tea; when he could not take it himself he said that I was to meet Charley McCarthy at the door and give it to him—I did not take any tea and give it to McCarthy—I did not myself see McCarthy in the matter.
Cross-examined. I saw McCarthy early in May—I took the tea on Mondays, Tuesdays and Wednesdays.
ALFRED MORRIS . I am office boy to Messrs. Hanson—I once took some tea to Mr. McCarthy at the office, 20, Gracechurch Street, for Steadman—McCarthy gave me 5s., but said nothing—that wasnottheoalytime I saw him—he was outside the office just before he went for his holiday, and in consequence of his directions I took it to McCarthy two or three times while Steadman was away—when I went a second time I was arrested.
Cross-examined.—The only occasion I took tea to McCarthy was Monday, July 25th—I knew that he was foreman to Grist and Co.—I gave him two parcels of tea on the 25th, where people go in and out—I do not remember his saying, "Have you brought the sweepings?"—the next time I went was Thursday—I was caught going out with two parcels of tea—when I got to Grist and Co.'s, McCarthy was out, and I gave the two parcels to Steadman's little boy—I saw McCarthy again in the office on Friday, and said, "I brought some parcels for you on Thursday, and gave them to Steadman's son" and pointed to them lying in the general office; 'he had not taken the trouble to remove them"—I said on the Friday, "This is getting too much, and I don't like the look of it"—he said
"you must take this tea back," and gave me the two parcels I had brought on Thursday and bundled me out, and I took them to the detectives.
JAMES MCFEE I am manager at an electrical engineer's—Steadman and McCarthy were both employed there—I know both their writings—these two letters are in McCarthy's writing—I received one of them and opened it—(Thiswas signed Charles McCarthy, and stated. Before Steadmun went I on his holiday he asked me to take the tea of these boys; I said, 'I do not like to.' he said, 'It is only for a week. He is my foreman, and it placed me in an awkward position. I closed the office door, and said, 'I think you steal this, if so I shall not have it put here,' so you see I have been fairly duped." Another letter to the witness stated;. Last weak Steadman asked me to oblige him by taking the tea of these boys."
MR. WARBURTON here withdrsw charge against.
MCCARTHY.— NOT GUILTY .
STEADMAN—GUILTY. Twelve Months' Hard Labour.
MR. WARBUKTON offered no evidence.
NOT GUILTY .
He PLEADED NOT GUILTY and a justification. The RECORDER having read the plea of justification decided in favour of the Crown, upon which the prisoner, by the advice of MR. STEPHENS, his Counsel, stated that he was
GUILTY and the Jury found that verdict. Judgment respited.
MR. MACKAY prosecuted.
GUILTY . Judgment Respited.
THIRD COURT.—Saturday, September 17th, 1898.
Before Mr. Common Serjeant.
MR. METCALFE Prosecuted.
MRS. SINIDENY PAYNE . I live at Beecham Road, Clapton—on May 28th I posted a letter containing this postal order, dated May 26th, to Mrs. Dudley, of 33, Carrington Square (produced., made out in my name—this "S. Payne" on the order is not my writing, I put nothing on it—thelady who sent it to me has put at the top, "Pay to Mrs. Payne."
SOPHIA DUDLEY . I am married—on May 28th I expected a letter addressed "Mrs. Dudley, care of Mrs. Sykes"—I did not receive it—I enquired of Mrs. Sykes daily and then sent to Mrs. Payne to know if the letter had been sent—I never received this order, this "S. Payne" is not my writing nor did I authorise anybody to write it—I expected the letter to contain an order and mentioned that to Mrs. Sykes and she said she knew nothing about it.
Cross-examined by the Prisoner. The order that you signed in Mrs. Dudley's presence was before I lost the other one—I can write, but I had I not my glasses with me—I have received many orders for many years, so I knew that it was coming at a certain time.
ROBERT GEOHGE FKAZER (Post Office Countable.) In consequence of a complaint as to non-delivery of a letter, I made inquiries and found that this order dated May 26th was cashed on June 10th—I took it to the prisoner's house and saw her—at my request she wrote this, "S. Payne" (produced.—I then produced the postal order to her and said, "Is not that your writing Mrs. Sykes?"—she said, "Yes"—I said, "How did you come to write it?"—she said, "Mrs. Dudley asked me to write it It was on a Monday, and she kept her boy home from school purposely to get the money"—I told her it was not Monday—I referred to my calendar and found it was Thursday or Friday—I think it was Monday the other one was signed—she may have mistaken one order for the other.
ZINA CHANDLER (Police Sergeant Y.) I was present when the charge was read over to the prisoner at 2.30 on August 8th—she made no reply—thehouse where the prisoner lived is let out in tenements—the letters would be given to anybody opening the door.
Prisoner's defence. I am perfectly innocent of it—I never signed but one postal-order in my life.
NOT GUILTY .
MR. COMPTON SMITH Prosecuted, and. MR. KNOX Defended.
The prisoner, suffering from epileptic fits in the dock, and apparently not understanding the nature of a plea, the. COURT directed that more proof of publication would be sufficient, which was given.
GUILTY .— To enter into a recognisance of £25 to come up for judgment if called upon.
MR. J. LEWIS Prosecuted.
FREDERICK GEORGE SMART . I am a clerk,. of 72, Arthur Raod Brixton—about 9.35 p.m. on August 15th I was on the east side of London Bridge looking at the boats—the prisoner was close to me on my right, and a lad on my left—I felt the prisoner's hand in my left waistcoat pocket—I looked down and flaw my chain hanging, and missed my warch—the prisoner turned round and pulled his moustache—I asked the bystanders to fetch
me a constable—the prisoner walked towards the south side—I followed, and he went to one of the recesses and spoke to a man—he then turned round and walked towards the east side again—I never left him—I met a constable and gave him in charge, and we went to the station together.
Cross-examined by the Prisoner. I do not know where the other man went.
HARRY KIDMAN (519 City.) I was on London Bridge, near Adelaide Place, and saw the prosecutor and prisoner—the prosecutor caught hold of me and said, "I want you to look after this man, policeman"—I asked what was the matter—he said, "He has stolen my watch"—he informed me what had occurred, and the prisoner was taken to the station and charged—he said, "He has made a great mistake, governor; I have not his watch"—he was searched, and 9 1/2d. in coppers was found upon him.
The, Prisoner, in his defence, said that he was watching the boats as his brother had a fruit boat, and he was looking for it when the prosecutor handled him roughly, that he ask id prosecutor what was his business, when a constable came up, and fa said "I believe this man has got my watch"; that he said it was a great mistake and asked them to search him, but they took him to the station, and no watch was found on him.
—He then. PLEADED GUILTY to several convictions for felony, and other convictions were proved against him.— Three Years' Penal Servitude.
MR. DUCKWORTH Prosecuted.
THOMAS DKINKWATER . I live at Hayes—on August 22nd last, just after eleven p.m. I was going to Covent Garden Market with a van-load of fruit and beans—there was a bushel basket of beans tied on the top—a bus driver said, "There is a man taking a basket"—I got down and held the prisoner by the collar, and asked him what he was doing—he said he was picking up beans—I said, "I will help you"—he said, "Loose me"—Isaid, "I sha'n't till I get you to the station"—the basket could not have got off without being taken off.
Cross-examined by the Prisoner. I did not see you on the van.
GEORGE JOHNSON . I am an omnibus-driver, of 29, High Street, Acton—Isaw the prisoner picking up some beans and putting them into a basket—he was about forty yards off—I called Drinkwater's attention to it—it was very dark, but I could see there were a good many beans on the ground.
The Prisoner. What he says is true; of course they were all on the ground as he says and I was picking them up the same as anybody else would.
JOE BOTTOMLRY (X. 468). Drinkwater gave the prisoner in my charge and I told him he would be charged with stealing the beans—I took him to the station and cautioned him—when I got hold of him he said "I was only picking them up"—further on he said, "All right governor, I am a married man with a family."
By the. COURT. They were scarlet runners.
The priaoner's statement before the Magistrate. "I was picking the beans
up; they were all scattered over the road. Had I stolen them I should have run away."
Prisoner's defence. I never done anything wrong in my life, and as I see the basket lying in the road and the beans, I picked them np the same as you might pick up a purse in the road or any lost property and I was going to take them to the police-station. I thought I was doing a kindness, and that's why I have done it. I am innocent of what I'm charged with. This in my first time in a court of justice.
NOT GUILTY .
MESSRS. GRAIN and. KERSHAW prosecuted.
JOHN BAVINS . I am a cartage contractor, of King's Cross, and supply the Great Northern Railway Company with horses and vans when they have an excess of work—in June last I sent them an account for £69 7s. 0d.—I never received this cheque (producer. nor did I sign this receipt—the prisoner had taken a room of me in June last, and lived there with bis wife and child—they left about the last week in July—the prisoner had no authority to sign or endorse for me.
CHARLES FISHER I am a clerk in die Accountant's department of the Great Northern Railway Company, King's Cross—I made out this cheque on 7th July—it is signed by the directors, and countersigned by Mr. Latter, the secretary—it is a cheque and receipt in one—it was sent by post in the usual way.
DAVID PARRY . I am a clerk in the cashier's office, Great Northern Railway, King's Cross—in due course I received a number of cheques to be dispatched to their destinations and amongst them this—I went with the messenger and saw them posted.
AMANDOS ADOLPHUS DOURSELLA . I am a cabinet-maker, of 39, Curtain Road—prisoner came to me on July 15th with a man named Rotolph, whom I knew—the prisoner produced this cheque, and said he wanted to lay out £20 or £30 in furniture if I would cash it for him—I said, "We shall have to put it through the bank first before we can cash it"—we went to a public-house, and he signed it on the back—I said, "You had better come with me to the bank"—he came and the cashier said, "This cheque requires a stamp on, and has to be signed again," and he signed it as it is now, and he bouaht a stamp of the bank and put it on—he spoke German—Igave him £3 on account—next day the prisoner came to me with Rotolph, and we went to the bank—the cheque was not met that day, and I gave him £5 on account—I went two days after and found the cheque had been met, and I gave him £41 7s.—he chose £30 worth of furniture, and had £20 worth on account, which was delivered at 39, Oxford Road, New North Road.
Cross-examined by the Prisoner. You and Rotolph came together.
By the. COURT. Rotolph is a man I have done business with on commission—he and I told the prisoner to write the endorsement—I asked for the stamp because the prisoner could not speak English.
The Prisoner'. I have never been downstairs to receive any letter.
Cross-examined by the Prisoner. I was not the one who gave the stamp.
FREDERICK GOLDMAN . I am a clerk at the Union Bank of London—the Great Northern Railway Company bank with us—this cheque is in the usual form drawn by the company on our bank—on July 16th it came through from the London and South-Western Bank, and I cancelled the signature.
FREDERICK GRANT (Great Northern Railway Police Inspector.) On August 9th, acting on instructions, I went to the prisoner's house and saw him and his wife—she spoke to him in some foreign language—she then spoke to me, and I handed him over to a metropolitan constable.
The Prisoner's statement before the Magistrate. "I have been very much pressed and I had no work and that is the reason I done it."
Prisoner's defence. Deal with me mercifully, I did not know anything about this transaction, and if it were not for Rotolph I should not be here in the dock.
GUILTY .— Twelve Months' Hard Labour.
MR. BEARD Prosecuted, and. MR., GEOGHEGAN Defended.
FREDERICK MCGRATH . I was manager to Mr. William Grimes and another, of the Cock Tavern, Love Laue, City, till the change, last Monday fortnight—the prisoner entered the service as barman on August 25th—thisnotice was hung up in his bedroom. (This stated that any money found on barmen or barmaids in the service while on duty would be considered as the property ottfie proprietors'.—I also told him the effect of it—he was on duty with William Vanstone, who called me into the bar—in consequence of what he said I watched the prisoner—I saw him take a sixpence from the counter—he rang the till as usual but instead of putting it in the till he put itin his left-hand waistcoat pocket with his right hand—thecopper-bowl was under the till—I called him on one side, and asked him what he did with the sixpence—I told him I saw him put it in his pocket, and asked him to give it to me—he said he had not got any money—Isaid, "If you do not produce it I shall send for a constable," and before the constable arrived he pulled five sixpences out of his pocket—I put them on the desk—he said they were all the money he had got—he was given in charge, and the constable took possession of the sixpences—theprisoner said I should have to prove it.
Cross-examined. When I told him I saw him put the sixpence in his waistcoat pocket he said, "I have not got any money at all"; not "I have not get any money at all there.—there were six barmen—it is near Billingsgate Market, and we open at four a.m. and clorc about seven p.m.—the business is not transferred yat—Mr. Arplethorpe is the new proprietor
—I have not been engaged by him as manager—I was not discharged—Iam not in a situation now—there are two of the same barmen and barmaids there now—the greater part of the staff were not discharged for dishonesty—I discharged them—Mr. Grimes did not complain of shortness in his takings, or that there was a leakage of £12 or £14 a week—the profits fluctuate—we did a fair trade in the morning—it is one of Cox's tills—we sell tea and coffee and such-like, as well as beer and spirits—thetill bell ringing called my attention—he was about a yard from me—hesaid after he took the five sixpences out of his pocket that they were his own money—he said, "That is all the money I have got"—I have not known the regulation as to confiscating money found on them acted upon—I got his character through the Licensed Victuallers' Employment Agency—I have had others from there—when I called his attention to no coin being in the division where it ought to have been he said, "Yes, I made a miss.
Re-examined. He "missed" the till but not his pocket—I am waiting for another house, but could not go there this week, having to be here—thenew proprietor brought his own manager—he took on two of the young women and barmen—Mr. Grimes is one of a syndicate, and has a lot of public-houses.
WILLIAM VANSTONE . I was employed at the Cock, and left on 29th August—I was there when the prisoner first came on duty—I saw him take three sixpences and put them in his pocket—I said nothing then—thenext day I saw him take one sixpence, and then three right off—he put them in his waistcoat pocket—I said, "Don't take the lot"—I don't think he heard me, we were so busy—I told McGrath, who spoke to him, and they went into the office—I saw the sixpences lying or the desk—I did not see where they came from.
Cross-examined. I spoke to the head barman Gus about it, and he watched too—I don't think he is here—he was not called at the Mansion House, nor was I—I am not doing anything now, on account of having to be here—I was subpœnaed after the prisoner was sent for trial, when I was at Mr. Grimes' office in the Strand—I went up there about my reference—mystatement was taken by the solicitor—McGrath was not there—I told them what I knew about it—when the prisoner took the sixpences he went to the till each time—it did not give a distinct ring—any of the barmen could see him, not the customers; his back was towards them.
Re-examined. I went to the Mansion House, but was too late.
FREDERICK MCGRATH (Re-examined.) I have been about nine years in the trade—it is a recognised thing in all public-houses where there are a lot of barmen that they shall not carry money of their own on duty—theprisoner had been barman before.
CHARLES PERRY (City. 836). I was called to the Cock Tavern at about 8.40 a.m. on August 26th—McGrath gave the prisoner in charge—he said "You will have to prove it; I counted it last night, having the money in my pocket, and pulled it out when asked"—I saw five sixpences on the desk—I did not hear Mr. Walter Beard, the solicitor for the prosecution,
say after I gave evidence that he had no other witnesses to call—Mr. Myers was solicitor for the defence.
The prisoner received a good character.
GUILTY .— Twelve Months' Hard Labour.
OLD COURT.—Monday, Tuesday, and Wednesday, September 19th, 20th, and 21st. 1898.
Before Mr. Justice Darling.
MESSRS. C. F. GILL and. HORACE AVORY Prosecuted, and. MR. J. P. GRAIN and. MR. GRAIN, JUN., Defended.
In this case the. JURY being unable to agree, were discharged without returning any Verdict, and the trial was postponed to the next sessions.
MESSRS. C. F. GILL and RANDOLPH Prosecuted, MR. GUY STEPHENSON
Defended, and the evidence was interpreted to the prisoner.
LEON LESAGE (Interpreted.) I lived at 30, Howland Street, Tottenham COURT Road, but now at 31 Greek Street—I have known the prisoner thirteen years—on Saturday afternoon, June 18th, I was in the Horse-shoe public-house, Fitzroy Square, with the woman Hegolski and the prisoner drinking—I gave her a drink; the prisoner slapped her face and I started fighting with him—we were turned out—outside I was stabbed in the abdomen—I saw a knife when the prisoner took it out I found it paining me in the abdomen—I went to the hospital where I recognised the prisoner as the person I had been fighting with—I was in the hospital three weeks.
Cross-examined. I saw a knife in the hands of somebody, but who it was I cannot say—we had passed the afternoon together.
MR. STEPHENSON here stated that the prisoner would PLEAD GUILTY to unlawfully wounding.
JULES VERRUNAS . I lived at 55, Castle Street, Oxford Street, and now at 31, Union Street—I am fourteen years of age—on June 18th, between 5.30 and 6 p.m., I was in one of the bars at the Horseshoe public-house—Iheard something in another bar, in consequence of which I went into the passage—I saw Lesage trying to come out of the bar—the prisoner came from the street, and stabbed Usage—I saw nothing in his hand—Isaw a blow aimed—Lesage went back to the public-house—the prisoner went back to the street—I followed him into Little Goodge Street—I communicated with a policeman, and pointed the prisoner out the next time I saw him—he was arrested.
Cross-examined. A noise attracted my attention—I did not we any fight—if there had been a knife I should have seen it.
were there—the prisoner was sober—I refused to serve him after the stabbing affair, not on account of his condition.
Cross-examined. There may have been seven or eight people in the bar—I believe there was a dispute between the prisoner and Lesage as to the woman, but it was in Fieneh, which I do not understand—their manner was excited—I did not see the prosecutor strike the prisoner.
Re-examined. I saw the first biow—the prisoner struck the prosecutor in the eye, I believe with his fist.
ELLICOTT WARD . I am house-surgeon at the Middlesex Hospital—the prosecutor was brought in about 6.30 p.m. on June 18th—I found he had an incised wound a little below the umbilical, about three-quarters of an inch long and about an inch and a-haif deep—there was considerable bleeding—he was in considerable danger fur some time—the next day his evidence was taken, with the idea that he would die—the intestines were wounded in three different places—I also iound an incised wound near his left eye, which could have been inflicted by a fist—the others were inflicted probably by a knife, and required a good deal of force—he stayed in the hospital nearly a month, when he discharged himself, and went to the French Hospital—he was practically recovered when he left—for the first fortnight his case was a dangerous one.
Cross-examined. It was rather a long wound for a pocket knife to hive inflicted—I would not say it was not done with a knife which a man might not carry in his pocket.
The Prisoner's statement before the Magistrats;. All I can say is that I did not stab the man. I had no knife with me at all, and Lesage knows it very well, because an hour before he had asked me for a knife to cut something with, and I could not give him any. The woman Hegolski was not in the public-house when we entered, she came in afterwards. It was a made-up affair between Lesage and her, and led to what afterwards happened, I, being in drink, and after the words she addressed me with, struck her. Then Lesage rushed upon me. The woman is the inistress of Lesage. Then the fight ensued, and I went out. I soon returned and wanted to renew the fight at that time. About thirty seconds before he had already received the stab. There were a lot of Frenchmen there. When I say thirty seconds it might have been a minute. The woman Hegolski was formerly my mistress."
GUILTY* on the Second Count. — Seven Years' Penal Servitude.
NEW COURT.—Monday, September 19th, 1898.
Before Mr. Recorder.
600. JOHN WILLIAM JAGO (41) and JOHN KYNASTON (29) PLEADED GUILTY to stealing on board the steamship Britannic. a mail-bag containing registered letters; also to stealing certain letters and coupons out of the said mail-bag; also a letter containing 1,500 dollars.
JAGO also PLEADED GUILTY to stealing a letter out of the said mail-bag, containing four uncut diamonds, the property of H.M. Postmaster-General. JAGO having been convicted at Liverpool on November 12th, 1883. JAGO— Eight Years' Penal Servitude. KYNASTON— Twelve Months' Hard Labour;. and
AUGUST KRUG . I am a seaman, on an English ship—on August 18th I was staying at the German Sailors' Home, East India Dock, and at 2.30 a.m. I was in Osborn Street, Whitechapel, going home—I was quite sober—I was set on by three men—they knocked me down and kicked me, and took my money and watch and chain—I had £2 in gold and 6s, in silver—I shouted for help—a constable came up, chased one of them, and arrested him and took him to the station, and there I charged him—one of the men caught hold of me from behind, and put his handover my mouth, and the prisoner caught hold of my left leg—I saw his face—I am sure of him—I suffered much pain—I piece of the chain was left behind—therewere some other men at the station—another man came to my assistance—I did not see the prisoner again till I got to the station, about ten minutes after the robbery—the policeman brought the prisoner back to me, and we went to the station together.
Cross-examined by the Prisoner. The constable brought you to me—I did not saved did not know you then; I said I did not know the others—the constable did not press me to charge you—I did not lose my watch; I kept my hand on it—I handed it to the police at the station.
WILLIAM ROBINSON (463 H.) On August 18th at 2.30 I was in Osborn Street; I saw there men—the prisoner was one—I was hiding in a door-way—Iheard one of them say, "We are the Hooligan gang"—I saw the prosecutor qoing up the street—the prisoner got hold of him by his left leg and threw him downr—I rushed up and the men ran away—the prosecutor said they had rifled his pockets—I did not see it—I followed the prisoner, who ran up some stairs into a very dark passage—he was trying to get out of a window; I pulled him back by his left foot; he turned round and got me by the throat, we had a desperate struggle and fell down the stain together—Itook him back to the prosecutor, who accompanied me to the atation, where he was charged—the watch and broken chain were produced—when I caught him by the leg he kicked me on my finger—an abcess has formed from the kick—I shall go on the sick list to-morrow—I have been ten months in the service—I saw a man named Dark there, he was eight yards away from the other three men—he did not appear to be connected with the others—he turned back when the prosecutor called out—Ihave not seen him here to-day—he made a complaint to me about having been assaulted himself—a young lady said in the prisoners presence that he had knocked her down.
Cross-examined. I said at the station that you had caught me by the throat—the girl said she had been with Dark—I did not lose sight at the prisoner from the time I first saw him till I arrested him.
The Prisoner's statement before the Magistrate. "I can say no more than I have said, and call two witnesses."
Prisoner's defence. "I am quite innocent of the charge. The witness if he was here would say the same."
—He then PLEADED GUILTY to a conviction of felony on October 5th, 1897, and another conviction was proved ayainst him. Twelve Months' Hard Labour and twenty strokes with the Cat.
The. COURT awarded Robinson £3 for hit good behaviour.
MR. BRANDON Prosecuted.
FREDERICK MEERS . I am a newsvendor and lire at Cable Street Buildings, E.—on August 21st I was at Fenchurch Street Station—I was looking at the passengers coming out between nine and ten, when the prisoner came up and stuck a knife into my thigh twice—nothing had passed between us—I see him three or four times a day—I told a constable—Iasked the prisoner what he did it for—he walked away and made no answer—I do not know why he did it—I had had no quarrel with him, I had never spoken to him—I was not selling papers then—I was taken to the London Hospital—there was somebody larking about half an hour before—the prisoner had not been pushed by any of my friends.
Cross-examined by the Prisoner. We were not all larking about out side the public-house—I did not see you shoved—I do not think you did it wilfully.
By the. COURT. He might have done it for a lark—I have not been spoken to about giving evidence.
CHARLES STOKER . I am a newsvendor, of 155A, Tooley Street—on August 21st, between nine and ten, I was standing about five yards from the prisoner—I saw him making a movement with his arm towards the prosecutor; it was upwards—I walked away, and the prosecutor walked to the railway-station, and the prisoner the other way—I did not see any larking going on—I did not see Meers speak to the prisoner—I did not say before the Magistrate, "I was twenty yards away"—the prisoner did not do this for any harm—no one has spoken to me about giving evidence here—I do not know why he did it.
Cross-examined. I did not see a knife in your hand.
JAMES ROPER . I live in Brick Lane—on the night of August 21st I was by Fenchurch Street Station—I saw the prisoner give a white-handled knife to a man name! "Willie" near the Railway Tavern, in London Street—I did not see the prisoner stab Meers, but I saw Meers crying—he was crying when the prisoner gave the knife to "Willie."
Cross-examined. I did not see any larking outside the station.
EDWARD HOTSTON (838 City.) On August 21st, about 9.40, I was in London Street—the prusecutor came to me with a crowd following—he said that the prisoner he I stabbed him in the thigh twice—I took the man into custody—he made no reply at the station to the charge.
Cross-examined. You were walking towards me, not away from me.
By the. COURT. I said to him, "I must take you into custody for wounding." He said nothing.
EDWARD WARD (755 City.) I was on duty in the Minories on August 21st, Meers came to me and made a statement, in consequence of which I took him to the station—I found his trousers saturated with blood—I
told him to take them down, and found he was bleeding from his left thigh—I drove him in a cab to the London Hospital—the prisoner was in the station then—the prosecutor said, "This man did it" pointing to the prisoner.
FRANK FOWLER WARD . I am house surgeon at the London Hospital—Meerswas brought in on August 21st—I saw him about 11.30—there was an incised wound on the outside of his left thigh 1 1/2 inch deep and 1/2 inch broad—it was a small wound, but it had cut through a big artery.
Cross-examined. It was a clean cut wound, and I do not think it could be caused by a shell—a knife would cause it.
The Prisoner's statement before the Magistra e. "I must admit I was breaking shells near Fenchurch Street Station. I was shoved by somebody, and I fell up against the boy. I think it must have been done by A shell, as I had no knife in my hand."
The prisoner stated in his defence that he was outside the station with some friends opening some shells and larking about, and that he was shoved of the kerb and fell up against the prosecutor.
MARY ROPER . I am the mother of James Roper—I have been threatened by his father, my husband, if he gives evidence—he is going to lock my child up on account of this affair—nobody else has threatened to do anything to me if my boy came here.
Cross-examined. I don't know him except by the name of Willie—he is the man who took the knife—I have seen him before, but do not know his name—I said at the police-court "I know the man you gave the knife to, by the name of Willie—I learnt his name the morning before I came here."
Witness for the Defence.
WILLIAM KINGATE . I am a dock labourer, of 22, Bay Street, Dalston—about 10 o'clock on August 21st, I was near Fenchurch Street Station. I did not see the prisoner that night—he did not give me a knife—I know him by sight, and to speak to—I told the police Magistrate I did not know him, I only knew him by sififrt.
Cross-examined. I do not know where the prisoner lives—I did not go and see him in the cells at the Mansion House.
By the Prisoner. I have known Roper two or three years—a man named Harrington asked me to give evidence in this case—I went to Greenwich Police-station and saw Constable Ward, and asked him if my name was used at the Mansion House—he said yes, and asked me if I had received a knife.
Adjourned till to-morrow to enable the police to discover John Viney. (See page. 1158).
Mr. STUART Prosecuted.
FRANCIS WILLIAM KNILL . I am a compositor, of Coal bath Baildings, Rosebury Avenue. On August 26th, about 10.20, I was walking down Charles street, when three men canae round the corner and came up to me the prisoner pinning me by my throat—I could not fail to see his face—I am certain he is the man—he said, "What is the matter with you old fellow; you will be better after we have finished with you"—he pushed me back against the wall, and brought his knees against my private parts—anotherman placed his hand over my mouth, and made it bleed—I had some money, but I kept my hand tightly in my pocket—they tried to get it out—the only thing I missed was a small penknife—I heard a voice say, "Look out. boys we are spotted.—I heard some footsteps, but could not hear the men go—I went to the station, and gave information—at two o'clock I was knocked up to see if I could identify the prisoner, which I did—there were twelve or fourteen men at the station—he said nothinf when I spoke to him.
WILLIAM BLIGHT (Police Sergeant, E.) On August 26th the prosecutor came to the station in Gray's Inn Road and made a communication, in consequence of which I went out and made inquiries—I met Serjeant Robinson, and we afterwards saw the prisoner on Clerkenwell Green—I said, "We are police-officers, and shall arrest you on suspicion of robbing a man this evening"—he said, "Do as you like with me, I might as well be in prison as out; I never stay out more than a fortnight before I get pinched.—he had india-rubber shoes on—I took him to the station, and next morning the prosecutor identified him from eight or nine others.
Prisoner's defence. "The police could not find the right man so they came and took me. The prosecutor said I was the man who did it, but I am perfectly innocent "
—He then. PLEADED GUILTY**† to a conviction of felony at the Mansion House on November. 22nd. 1897, and fourteen other convictions were proved against him.— Three Years' Penal Servitude, and Twenty Strokes with the Cat. There was another indictment against him.
MR. MORGAN Prosecuted, and. MR. BURNIE Defended.
HORACE GILBERT HARPER . I am an ironmonger's assistant, of 16, Ravensgill Road, Stamford Hill—on July 25th. about 10.30, I left my bicycle outside a chemist's shop on Clapham Common—I went inside for two or three minutes—when I came out I missed my bicycle—I was at my father's shop in Church Street, Shoreditch, on August 5th, and saw the prisoner riding a bicycle—I watched him and saw him go into a public-house—I went and examined the bicycle and recognised it as mine and went for a policeman, and when we returned the prisoner and the bicycle were gone—from some information I received I went to Shoreditch High Street and naw the prisoner in custody—the bicycle is now worth £6 or £7—at the station the prisoner said he bought it in Club Row, just off the Bethnal Green Road and gave £5 for it—I had not known him before.
Cross-examined. I do not remember his saying that he had another at home.
ALFRED LEE (467 H.) On August 5th, I was on duty in High Street, Shored itch—the prosecutor's father made a communication to me, in consequence of which I ran after the prisoner and pulled him off his machine, he was riding a bicycle, and said I should take him into custody for stealing the machine—he said, "Stealing the machine! I bought it on Sunday and paid £5 for it"—at the station he said "I bought the bicycle with another on Sunday morning at Bethnal Green Road from a man I did not know, and gave £5 for this"—this machine was identified by Harper.
Cross-examined. The prisoner is the holder of a licence of the Northern Star, Kingdland Road, and has always bad an excellent character—he said he bought the other one at the same time but from a different stall and gave £6 10s. for it—there is a public market in Club Row on Sunday mornings.
NOT GUILTY .
THIRD COURT.—Monday, September 19th, 1898.
Before Mr. Common Serjeant.
MR. FITZGERALD Prosecuted, and. MR. S. YOUNG Defended.
ELIZA TITCHENER . I am housemaid to Lord Balfour of Burleigh, 47, Cadogan Square—the prisoner called on July 19th, about one o'clock, and asked me if his Lordship was in—he was out, and the prisoner asked to write a letter—he went into the library and did so, and picked up his Lordship's letters and looked at them—I requested him to put them down—hepicked an envelope out of the wastepaper-basket addressed to his Lordship—he gave no name—he had called before, but I did not see him—Idid not miss anything after he left until the inspector brought this silver paper-knife about a fortnight after—it was there that morning, because I cleaned it (produced.—it has upon it the letters "B. of B."
Cross-examined. I was in the room all the time with the prisoner—he was there about twenty minutes—I did not see him touch the paper-knife—therewere a lot of papers on the table, and he could have easily taken it—her Ladyship gave it to his Lordship—I did not see the prisoner write on the envelope he took—the note that he wrote was given to his Lordship on his return—his Lordship often took the knife with him in his pocket—hemay have taken it then.
By the. COURT. I had some difficulty in getting rid of him—he wanted me to make him some tea.
was Khan—he said, "No, my name is Davis"—I said, "I am going to take you into custody for stealing on July 19th (Another charge. from the Duchess of Montrose"—I took possession of a bag, and found the paper cutter in it and several letters—also this envelope (produced.)—Sergeant Whitlock took them to 47, Cadogan Square.
Cross-examined. I did not charge him with stealing the paper-knife—itwas not inside the envelope—the bag was given up to the prisoner by the Magistrate's order on his application—the Duchess of Montrose could not attend, and the charge was dismissed.
GEORGE WHITLOCK (Detective Serjeant, B.) In consequence of instructions from the last witness I went to Silver Street and arrested the prisoner—hedelivered a bag to me, containing certain articles, and I took them to Cadogan Square on August 18th—I had a conversation with Eliza Titcbener, and she identified the knife.
Cross-examined. I took possession of the bag—it was given me by the last witness—I was present at the station when the prisoner was brought in—the paper-knife was taken out of the prisoner's pocket; I believe, in the dock—I charged him with several other offences: stealing £1, but the prosecutor could not attend: obtaining money by false pretences from Mr. Arnold Morley, which is still pending: stealing forty stamps last October from the Cannock Chase Colliery Company—that is still to be disposed of.
On. MR. YOUNG stating that the prisoner bore a good character, the prosecution called the following evidence.
WHITEHEAD (Detective Serpeant.) His general reputation for the last twenty years is that he has been getting his living by fraud, deceit, and imposture of every description.
Cross-examined. I know it from inquiries.
GUILTY .— Eighteen Months' Hard Labour.
Mr. SLADE BUTLER Prosecuted and Mr. PURCELL Defended.
HENRY WOOD . I live at 4, Denmark Street, Barnsbury, and am a traveller in the watch and other trades—on August 31st, at about 11.40, p.m., I was turning the corner of Upper Street into Barnard's Road, when I was surrounded by three or four men and knocked down—I became dazed, and hardly recollect anything more till I was picked up by a constable, when I saw the prisoners in custody—I missed a silver watch from my watch pocket—I had another in my trousers pocket.
Cross-examined. I had come from Highgate in the tram—I left there about half-an-hour before—I had called at several places, not places of refreshment—I had a glass of bitter at the Archway Tavern—I was not there two minutes—I had not been showing my watches since I left the City at about seven o'clock—I went to Highgate as much for a blow as anything—I had tea at the Highgate coffee-shop at the top of the hill and ihen went for a walk—I was perfectly sober when this happened—I did not notice the
policeman until he picked me up—I did not tell the inspector at the station that I had lost nothing—I said I had lost a watch—I took out some gold and silver; about £6 10s.—the inspector asked me what money I had lost—I did not say I had lost £2 10d., but that the watch was worth that—I think I said I thought I had lost a half-sovereign—I told him previously I had lost a watch—he asked me if I had lost a chain and I said I never wore a chain—I turned my pockets out without being asked by Wilkinson—I produced a watch from my trousers pockets—I told the inspector I had two—I did not tell the Magistrate the next morning that I had lost a half-sovereign—the watch was taken from the pocket in which I had the money safe—in half a-dozen seconds I should have been killed—Ireceived a blow from behind—there was a crowd looking on—I had marks on my elbow and hip the next day, and a slight bump behind my ear—I was compelled to resume my duties—I feel the effects now—I was already lame.
ROBERT KING (349 N.) I was in Barnard's Road, Islington, at the time in question, when I saw the prosecutor coming along—as he got about four yards round the corner of Baruard's Road he was followed by the prisoners and another man not in custody—Skuse struck the prosecutor violent blow, felling him into the road—the men surrounded him, and began to rifle his pockets—I at once stepped across the road and threw Wilkinson to the ground and blew my whistle, and with the assistance of another constable the prisoners were taken—Wilkinson said to me, "You b—, I'll do for you if you take me"—when charged he said to the prosecutor, "I'll do for you, you b—, you had two watches on you, had you?"—another watch had been produced from the prosecutor's trousers' pocket.
Cross-examined. I was on night-duty beat—I do not know the names of the public-houses—I have not been there many months—there is a public-house almost at the corner of Barnard's Road—the prisoners did not come from the public-house—I was about six yards off when the prosecutor was knocked down—they were arm-in-arm when I saw them—I threw Wilkinson to the ground pretty smartly, and when he got up he said, "All right, you b—, I'll do for you"—I took both, and handed them over to the other constable—Skuse said, "All right, governor, I've done nothing"—he said at the station,—" You have made a mistake, you ought to have brought us here for being drunk"—they had been drinking, but were not intoxicated—a person is drunk when he is speechless—"drunk and incapable" is the expression—I know Wilkinson by seeing him outside his father's shop—he is a fishmonger—I have not seen him at his father's desk—I have never seen Skuse before—the inspector asked the prosecutor if he had lost anything, and he replied he had lost his watch, value 50s.—the inspector first asked him to feel in his pockets—hebrought out some gold and silver—he did not say he had lost half a sovereign, be never mentioned it from first to last—the inspector asked him if he had lost his chain—he was not asked to feel in his pockets—theprosecutor was perfectly dober.
By the. COURT. There were no other men with them at the time, but some came up when I was struggling with them—Wilkinson was the first to put his hand in Wood's pocket—Skuse put his hand in the inside
jacket pocket—the other man ran away towards Liverpool Road—the watch has not been recovered—the prosecutor was not the worse for drink, he was dazed—he was then suffering from the effects of the violence—there were no eigns of the prisoner being incapable.
By. MR. GEOGHEGAN. No third man came up and spoke to me while I was taking the prisoners or I should have arrested him.
Wilkinson received a good character.
GUILTY .— Eighteen Months' Hard Labour each.
The. JURY desired to add their commendation to that of the. GRAND JURY of the conduct of Police Constable Robert King, in which the. COURT concurred, and ordered him a reward of £2 in addition to his expenses.
NEW COURT.—Tuesday, September 20th, 1898.
Before Mr. Recorder.
MR. BODKIN Prosecuted. MESSRS. GIRL appeared for Hughes and MR. HUTTON for Sargent.
— NOT GUILTY .
MR. MACKAY Prosecuted.
FREDERICK FORD . I am a bookmaker—on the morning of August 14th, I was sitting on a seat in Grosvenor Road and two men came behind me—they sat down on the seat where I was, and tore my handkerchief off my neck—I broke away from them and ran down the road—the prisoner is a stranger to me.
Cross-examined by the Prisoner. I had been drinking—I came out of a public-house that Sunday night at 11 o'clock, but did not go to Peter Street—my address is No. 28, next door to a lodging house—I had been sitting on the seat about half an-hour—I was awake all the time—my face was towards the road, and you sat the same way—your back was not to me—a woman was not sitting there—I did not take you round your waist and say that I would throw you into the river—I did not change my position till you threw me off—I was nearly choked by you—I had money in my pocket—I did not run to get a policeman, I ran to get out of your clutches, or perhaps I might have gone into the Thames—when I accused you to the policeman you said that I was drunk.
JAMES ROBERTSON (68 B.) On the early morning of August 14th, I saw the prisoner and prosecutor, the prisoner was accompanied by another man—when they got to a public seat they both stopped, and in about three minutes the prisoner put up his arm and caught hold of the prosecutor—therewas a sharp struggle, and after a short time the prosecutor got away and the prisoner ran; I ran after him and brought him back, he struck me on my mouth and said "I have not got the handkerchief, you can search me if you like"—I searched him at the station and found a shilling and two pence—I afterwards found the handkerchief under a cart—I had seen something in his hand but could not see what it was—the prosecutor had not passed that place, he had been drinking but he knew what he was about.
Cross-examined. I did not tell the Magistrate that I saw the handkerchief hanging on the fence—the cart is always there—it belongs to a cab proprietor—I concealed myself in a garden—you had not time to get on to Chelsea Bridge.
The Prisoner, in his defence, stated that the prosecutor was fitting on a seat with a woman, and that there was a lad at the other end; that the prosecutor got his hands round his waist, and that he struggled with him to make him let go, and then walked away, and the prosecutor came after him with a constable, and gave him his address, which he gate to the constable.
—He then. PLEADED GUILTY to a conviction at Newington on July. 9th, 1395. Five other convictions were proved against him.— Twelve Months' Hard Labour.
MR. DAVIS Prosecuted.
ALFRED LINDSTRAM . I am a sailor, of 156, West India Dock Road—on August 27th shortly after midnight I was in a street off Whitechapel Road, and went into the public-house with a friend and had a drink—the prisoner was there and two other men—he asked me for a drink, which I gave him—it was closing time—I had a bottle of whisky, and gave him a drink out of the bottle—I am a Finn—we had to go—he tried to get at my trousers pocket, and I think I felt him clutching at my watch and chain—I called my mate Taylor, who caught him.
JOHN TAYLOR . I am a seaman, of Leith—on August 22nd I was in Whitechapel with my shipmate—we went into a public-house, and the prisoner came up and spoke to him—he came up to us again in the street, and asked us for another drink, which we gave him—we were both sober—a woman came up and spoke to us, and led the way and shut the door—I ran outside, and he was lying down, and two men ran away—he said, "Stop him, he has got the watch"—the prisoner said, "No, it is the other man"—I did not lose sight of him from the time I saw him by the prosecutor on the ground, till I got hold of him.
ARTHUR EADE (313 H.) On August 22nd, about 12.30 a.m., I was on duty, and heard a police signal, and a shout of "Police!"—I got into Blaston Street, and saw the prisoner and Taylor struggling—the prosecutor I came up bleeding from just below his eye, and charged the prisoner with stealing his watch an I chain, and gave him into custody—he said, "I know nothing about it, I was passtrig at the time; he has made a mistake"—Taylor and the prisoner were sober.
The Prisonir's statement before the Magistrate. "I am a respectable man. I have worked at Crosby Square for thirteen years, I am perfectly ignorant of the charge."
Prisoner's defence.—I was returning home and heard someone shout "Stop thief," and this man came running up. A man ran by me and Taylor knocked him down. The policeman who took me to the station had to say to the prosecutor "If you don't keep qaiefe I shall have to put
you inside." As to having a drink with him I was not within half-a-mile. At the station he charged me with being concerned with other people in stealing his watch, but while the charge was being taken, he said "Oh, I have not lost my watch; it is in my pocket." I was manager for three years at Manchester and have since been working at Crosby Square. When I got into the prison I was in the hospital with two black eyes and a kick on my knee. I was black and blue. He kicked me as if he was mad; so I asked the policeman to lock me up and was only too glad to go to the station. I work at 5, Crosby Square.
ARTHUR EADE Re-examined. The prisoner said that he was working for Mr. Willis eight years—I enquired and found he was only there seven months and was discharged for falsifying the books—afterwards he was working for Mr. Cramp of Crosby Square for five months—I have not seen him here.
NOT GUILTY .
EDWARD WARD (755) Re-examined. I have made inquiries about this letter—the person who wrote it is not in COURT—I saw John Viney, sen., and was told that John Viney, juu., was away in the hop country—hewas four years ago a rag and bone merchant, he now works with his father, who refuses to attend—I told him his son had been called as a witness, he said that he wrote the letter, but his son signed it, and that he would have nothing to do with the prisoner—the Vineys bear bad characters.
Cross-examined by the prisoner. John Viney was fined £3 or one month for assaulting his wife—he paid the fine, and another time he was fined 40s. or one month for being drunk and assaulting a constable—The letter stated. "I hereby certify that I have employed Albert Maybury for some two years, and found him an honest and truthful young man."
GUILTY .—A conviction on May 22nd. 1895, was proved against him for stabbing two people with a knife.— Three Years' Penal Servitude.
THIRD COURT.—Tuesday, September 20th, 1898.
Before Mr. Common Serjeant.
612. WILLIAM CHURCHILL (39), WILLIAM BARKER (27), THOMAS WILLIAM WARREN (27), RICHARD STERCK (57), WILLIAM HORLEY (40), JAMES WAIDSON (50), and WILLIAM HUGHES (26) , Unlawfully conspiring to steal various quantities of coal from John Charrington, jun., and others; and MATILDA CUTBILL (45) , Receiving the same; to which
CHURCHILL, BARKER, WARREN, STERCK and HORLEY PLEADED GUILTY .
MR. STEVENSON Prosecuted, and. MR. BURNIE Defended.
CHRISTOPHER J. GORDON . I am wharf clerk to Messrs. Charrington, Sells, Dale and Co.—Churchill, Barker, and Warren are carmen in their employ—on August 4th I sent Warren out with van No. 222, Churchill with van No. 229, and Barker with van 216—each van had three tons of coal, which the men were to take to the Custom House—I gave them delivery notes—those are two of them (produced.—Warren left the yard about seven a.m., Churchill shortly after and Barker about the same time—someof them came back bringing a receipt—this is the receipt relating to the three tons of coal taken out in van 216 on August 4th—this is Barker's receipt marked "C "; Warren's receipt is marked "B"—I thought it was all right—the practice is to take a receipt from the Custom House.
FREDERICK STEVENS (Detective Officer, H.) At 7.15 a.m. on August 4th I was watching the premises 39, Dean Street, in the occupation of Mrs. Cutbill—I saw her there the whole time—it is a small greengrocer's and coal shop—I did not notice any name over the door—I saw vane 222 and 216—Barker was with van 216, and Warren with the other—they assisted each other unload the vane—Cutbill was standing at the the door all the time—she came to the door when the vans drew up—they took the coal in through the side door—they drove away and I followed them—I afterwards arrested Churchill, and he made a statement to me.
Cross-examined. Cutbill is married—I do not know that her husband has gone away, or has escaped since these proceedings.
Re-examined. Charles Smith was with me—I saw a man at the police-court—Cutbillsaid: "That is my husband over there"—I did not see him when the coal was being received.
EDWARD BROWN . I am coal inspector to the London County Council—at 8 a.m. on August 4th, I saw coal being carried into Cutbill's shop by Warren in 2 cwt. sacks—I was at the same place as the officer—I keep a register for the purpose of the Weights and Measures Act—on August 18th I went to see Cutbill—she stated outside the Thames Police-court that she was the owner of the shop, and Detective Smith heard her say it; but she said she was not there, and was in bed at the time the coal was delivered—I served her with a copy of the bye-laws on November 4th, 1897.
Cross-examined. It was on the morning of the committal that she stated outside the Police-court that she was the owner of the shop—her husband was not there then; he was across the way—he has disappeared since the committal—I keep the register for my own guidance—I cannot say whether the name "Cutbill" is over the shop—there was another shop, but that has been sold about three months—this was the only business carried on at that time.
HERBERT HOBBS . I am assistant manager to Messrs. Charrington—we supply coal to the Custom House—the value of the coal sent on August 4th was £1 a ton—we never deliver coal to Cutbill—the men had no right to be there on August 4th.
take her into custody for receiving six tons of coal that morning—she said "I know nothing of it; I was in bed"—when charged she said she knew nothing of it—I found all the coal there—only about four hours had elapsed between the time the detective saw the coal carried in and my visit.
Cross-examined. I did not make any investigation of the shop for files invoices, or any thing of that kind—I did not find any receipt for the six tons of coal—there might be a number of invoices for coal directed to Mrs. Cutbill there, but I did not look for them.
By the. COURT. I have known Cutbill about eight years as managiog the same shop, buying and selling coal—I have never seen a man in the shop—herdaughter is there frequently—I did not know of Mr. Cutbill till this case was at the Police-court—there are about four rooms and a shop—Cutbillwas in the shop when I arrested her—I did not go upstairs—Idid not see the daughter—the place would hold twelve tons—there was about six or seven hundredweight over six tons.
Warren received a good character.
—WARREN, CHURCHILL, BARKER, HORLEY, and WAIDSON— Nine Months' Hard Labour each.
CUTBILL and HUGHES— Eighteen Months' Hard Labour each.
STERCK— Five Years' Penal Servitude.
MR. C. W. KENT Prosecuted.
ALFRED BATTY . I am a marble polisher, of Rose Street, Islington—I was in Caledonian Road; going home, about 1.30 a.m., on September 7th having spent the day at Barnet Fair—I suffer from my feet, and was sitting on a doorstep unlacing my boots—the prisoner came up with two women add hustled me. "Come on," he says, "up you get or else you will be done," or, "I will do you." Before I could get up his hand was into my pocket; I said "Stand back, mind what you are doing." I had a half sovereign in my pocket, and he knocked my hand away and palled it out—he hit me on my ribs, near my heart, and I fell flat in the road—it hurt me—I was laid up for two days—I have felt it ever since—he ran away, and I heard the women he was with say "'Soldier' has got it"—I got home as well as I could and went to bed till Friday—I was perfectly sober—I came put about 11.55 on Friday and riding down on a'bus I saw the prisoner standing outside a public-house in the Caledonian Road—I walked up the road and then crossed—I went up to him and said "You don't remember me, do you? I remember what you did to me on Wednesday morning"—he laughed and jeered at me—I walked down to the "Cross" and went over to the point policeman and told him; he came up with me, but the prisoner was gone—I went to the police-station and gave information and a description and mentioned the nickname they gave him, "Soldier"—a policeman came up between 10 and 11 p.m. and told me they had got the prisoner—I went down—he was with ten or eleven other men and I picked him out without the slightest hesitation—I have no doubt he is the man.
Cross-examined by the prisoner. I did not say at the police-station that you had no women with you—they were about two yards off and wore straw hate—I went home—I did not notice a policeman coining—I did not in form my wife of the occurrence.
ALBERT ZENTHON (Policeman. 369 G.) I arrested the prisoner on September 9th—I said, "'Soldier', I want you"—I know him by that name—hesaid, "What for?"—I said, "For robbing a gentleman and assaulting him in Caledonian Road on Wednesday last"—he said, "You have made a mistake"—I said, "All right, come to the station"—we went and I sent for the prosecutor, and placed the prisoner with ten others—the prosecutor was called into the room, and the inspector said, "Look round"—hesaid, "I don't want to look; here he is," and he went deliberately to him.
Cross-examined. When your charge was taken the prosecutor's wife said that he came home about one o'clock, but she could not be certain.
Prisoners defence. He did not make any complaint to his wife—it is very strange, if I struck him and injured him, he should not make any report or send for a doctor—I told him he had made a mistake, and so he had.
—He then. PLEADED GUILTY to a conviction of felony at this court on January. 9th, 1888, and several other convictions were proved againat him.— Six Years' Penal Servitude.
NOT GUILTY .
MR. BRANDON Prosecuted.
EDWARD WRIGHT . I am a printer, of 54, Sandwich Street, Burton Crescent—on Sunday night, September 4th, I was crossing from Gray's Inn Road, when Battey and Davis jostled me into the middle of the road, and one of them put his hand in my pocket—I forced myself away from them, and spoke to a constable—I left him, and Battey came up to me and said, "I will give you something, you b—for giving me to the copper"—he smashed me in the face—Wilkinson was there—I put my hand in my pocket and lost my senses—I went to the police-court on the day of the trial—I was shown some forty or fifty men, and I identified Battey and Davis—I lost 4d. or 5d. in coppers besides a knife.
Cross-examined by Battey. I distinctly saw you strike me.
ANN ROWE . I am the wife of John Rowe, of 51, Tonbridge Street—at 11 15 p.m. on September 4th I heard a hud—I looking round I saw a man on the pavement, and three men running away—when I got to the corner of Tonbriclge Stieet the shortest prisoner said, "Don't run, go quietly." I followed them down Tonbridge Street, along Euston Road, up Judd Street—my little girl went up to prosecutor and I afterwards saw a policeman with three men in custody—I said that Davis was one of them—theothers I was not sure of—I saw Davis's face—the description corresponded with the one I saw.
last witness—I was with my mother and heard a thump on the pavement—I looked and saw a man lying flat on the pavement—I ran up to him—hewas insensible—I saw three men turning the corner—I stopped with the gentleman—my mother spoke to a constable.
WALTER SHEPHERD (Police Sergeant. 32 E.) Mrs. and Miss Rowe spoke to me and described three men, saying that an assault had been committed—I saw the three prisoners and arrested them a few minutes afterwards about thirty or forty yards from where the assault was committed—Davis said "I have just finished a job; before I go any further I can prove where I was, you have made a mistake this time, missus." When the charge was read over, he said: "So far as she saying she can identify me, she never told such a lie in her life"—the prisonen were walking towards us when I arrested them—Mrs. Rowe said: "There are the three," pointing to the prisoners.
HENRY CHILDS (E. 336). I was with witness—two ladies made a communication to us—we saw the three prisoners coming in our direction—Iarrested Battey and Wilkinson, and Shepherd took the other man—Onthe way to the station Battey said "What is this for, governor?"—whenwe got to the station, I noticed a fresh blood stain on his shirt front—when I drew his attention to it he said, "This was done list Wednesday, through my cutting my finger in opening an oyster shell"—thestain was wet—they were altogether at the time—it was not more than five or six minutes after Mrs. Rowe spoke to us that we arrested thena, about thirty yards from the spot.
EDWARD WRIGHT (Re-examined.) I hardly know what time I got home—I managed to crawl home by myself—I was bleeding from my head—my hat had flown away from me—I was prevented pursuing my ordinary duties for three days.
Wilkinson's defence. About 9.30 on that Sunday me and Battey went for a walk as far as Tottenham Court Road, and turned back. We went into a public-house just by Gower Street, and stopped till the house closed, and left there about 11.5. Coming down Judd Street I met Davis coming along with a box, which he was going to take somewhere, and asked us to wait for him. We walked through Hastings Street, and a constable came and arrested us.
Davis's, dffence; About 11.10 I was up at King's Cross, when a lady clapped me on the shoulder, and asked me to carry a box. I would not refuse earning 2 1/2d., so I took it, and met the two others coming down Euston Road—the corner of Judd Street. I asked them where they were going, and they said, "Going home." I said, "You might wait for me," and they did, and we went together and met a policeman. If we were guilty we should not have gone that way. I knew nothing of what happened. We were arrested, and this woman said, "That is one, I know his face," and she had never seen me in her life. We were taken to the station and charged with robbery. The next morning the prosecutor came up, and looked round and picked out Battey and Wilkinson, and afterwards tapped me on the shoulder, and said, "That is one of them," and accused me of robbing him at 11,15 the previous night.
WILKINSON NOT GUILTY .
BATTEY and DAVIS GUILTY — Twelve Months' Hard Labour each.
MR. SANDS Prosecuted.
WILLIAM SAIT . I am a tobacconist, of 535, Holloway Road, and am sixty-five years old—about 3.15 on September 8th, I was in Bridport Place, someone snatched my watch and chain—I turned round and was then knocked down from the back—I knocked my face and hurt my knee, and have had a black eye ever since—I jumped up and saw two men running away—my watch, value £13, was gone—I do not identify the prisoner—I did not see him till I got to Kingsland Road Police-station.
ALFRED WALTER SUTTON . I am a carman, of 1, Liston Road, Tottenham—Iwas driving my van in Bridport Place, and when outside a public-house I saw six lads—one snatched the old gentleman's watch, and the other four pushed him down—I caught this one—I saw him shove the prosecutor down—I galloped my horse after them—they dodged me round five or six turnings—the prisoner then got away from the others, and I jumped off my van and caught him—he said "Let me go, for my mother's sake; I have not got the watch and chain"—I kept well behind them and did not lose sight of them.
The Prisoner. I was there, but I never laid my hands on the gentleman.
CHARLES GREENE (453 G.) I saw the van driving after the lads and the prisoner detained by the carman—he said "This boy and several others have been robbing an old gentleman; they knocked him down and robbed him of his watch and chain,."—the prisoner said "I have not got the watch"—I said, "You were with them"—he said, "Yes, I admit I was with them; but I have not got the watch"—I saw the prosecutor at the station—he was bleeding and seemed much hurt and shaken—whencharged the prisoner made no reply.
Cross-examined by the Prisoner. I saw you running and gave chase but you were stopped by the carman—only a few moments elapsed.
The Prisoner's statement before the Magistrate. "All I can say is I was looking for employment. As I was coning through the turning this ere young man claimed me, and said. 'You are one of them.' I have no witness" GUILTY .— Twelve Months' Hard Labour.
The court awarded £3 to Sutton for his good conduct.
MR. GRAHAM Prosecuted.
LEOX LEWERY . I am a furrier, of 29, East Road, Hoxton—about mid-night on September 2nd when I got to the coruer of East Road, going home, I was sprung upon, my hat knocked in and my watch and chain snatched—I was knocked down—I got up, and saw two men running across the road; then they knocked me down again, and a policeman came up—my watch was a present to me, and was worth £2 or £2 10s.—Icannot identify the two men who struck me because they pushed my
hat down over my eyes; but I remember running after the prisoners—I am sure they are the ones who pushed me down—this chain (produced.) was attached to my watch.
Cross-examined by. NEEDHAM. I was not drunk—I had four glasses of bitter between 7 And 12 o'clock—I never saw any women.
GEORGE HORSWELL . I live at 66, Englefield Road, Dalston, and am a sorter at the General Post Office—I saw the prisoners knock the prosecutor down—I gave chase with a policeman and two others came up and caught them—I was about ten yards off and only lost sight of them on turning the corner, and then saw them running—I heard the prosecutor say, "My watch! my watch!"
Cross-examined by. STOCKWELL. I was on the opposite side of the street ten yards from you—I saw you both hit the prosecutor—one seemed to take the head and the other the body.
CHARLES MOULE (837 G.) I was at the corner of East Road, City Road—I saw the prosecutor—I should say he had had a glass or two—Ikept observation on him—I saw two women following him ten or twelve yards behind, and then I saw the prisoner's run up on the opposite side of East Road—when they got opposite 33, East Road they crossed over, and one of them struck the prosecutor on the top of his hat, and made a pull at his chain—it did not break—he made a second pull, and pushed him up against a building—I crossed over and ran up in the dirk—they crossed over—the prosecutor followed them, and caught hold of one of them, when they turned round and knocked him down—I then got within a few yards of them, and made an attempt to arrest Needham when he made a duck. and ran away—they both went down East Road—Iblew my whistle, running them down East Road, and they turned eventually into Craven Street to the corner of Butcher Street, where they were stopped by two constables—we took them back and met the prosecutor—theyasked him if he was going to charge them, and he said "Yes"—when charged Needham said, "Has he charged us? It is a false charge"—they were searched and nothing was found on them—I then went back to Craven Street and picked up the longest piece of the chain (produced.)—I then accompanied Police Constable 66 to East Road where we found the bar of the chain.
Cross-examined by Needham. The prosecutor had been drinking—I attempted to catch you, but you butted at me—I heard the prosecutor say he would give £20 for the watch to be returned to him as it was a presentation watch.
Witness for the Defence.
ELIZABETH SMITH . I live at 26, Britannia Street, City Road, and am a box-maker—I was going along the City Road up to the Star public-house, and saw the prosecutor talking to three women, and as I came back I saw one of them run across, and I heard the gentleman call out. I've lost my watch!"—I did not see him knocked down—I did not see the two men taken into custody—I went home.
Needham's defence. I know nothing about it.
Stockwell, in his defence, said that they were going home, and save prosecutor with his chain hanging down carrying a bag, and two women talking to him, that he passed a remark and he (Stockwell) hit him on the hat: He
then said, "Give me my watch" but he did not know what he was talking about, and he never saw the chain till the next morning.
—Stockwill then. PLEADED GUILTY to a conviction at Clerkenwell on January. 2nd. 1895, and Needham to one conviction on July. 26th, 1897, Five Years' Penal Servitude.
NEW COURT.—Wednesday, September 21st, 1898.
Before Mr. Recorder.
MR. KENT Prosecuted.
CHARLES WATSON . I am a blind maker, of 62, Seymour Street—on August 15th, abjut 11 o'clock, I shut up my premises—I was aroused by the police knocking at the door about 4.30 am, and found seven umbrellas which I had left in the passage taken from the corner where I had left them and laid flat in the passage—I afterwards charged the three prisoners.
THOMAS WHITE .—I am a horse foreman, of 2, Paragon Road, Walworth—on August 15th, I saw the three prisoners loitering about, walking up and down Seymour Street, they stopped outside the shop and Brown put a key in the door and unfastened it, and then another one unlocked the next door and entered—a carman went one way to look for the police and I went another, and met Pearson and told him.
CHRISTOPHER CAHTWRIGHT . I am a carman of the London and North Western Railway—on August loth, I was with White in Seymour Street and saw the three prisoners looking at the shops, they walked up the street about forty yards, came back to a jeweller's and then went to No. 62, and entered with a key—they all three went in—I went for a policeman.
VALENTINE PEARSON (144 Y). On August 16th, about 4.30 a.m., I was on duty, and was summoned to Rostrevor Street—I got assistance, we surrounded the house, and the prisoners were stopped getting out at the back—I took Edwards—some keys were found on Brown which opened the door of No. 62—Little Gun Street is at the back of No. 62, and they climbed a wall there.
JAMES SARGEANT (577 S.) On August 16th I was summoned to 62, Seymour Street and saw the three prisoners come out of 9, Little Gun Street—I asked one of them if he lived there—he said "Yes"—I took Brown to the station.
Brown, in his defence, stated that they had been walking about all night, and having a key which opened the door, they went in to sleep in the passage.
—They then. PLEADED GUILTY to convictions of felony, Brown and Edwards, at this Court on July. 26th, 1897, and Alexander at Marlborough
Street on January. 2th, 1897, and several other convictions were proved against them.—BROWN— 18 months' hard labour. ALEXANDER— 12months' hard labour. EDWARDS— 15 months' hard labour.
MR. POYNTER Prosecuted.
— NOT GUILTY .
MR. PICKERSGILL Prosecuted.
THOMAS PARK . I am a ship's steward, and live in Glasgow—on September 11th between twelve and one I was in Commercial Street—my ship was in London then—I was seized by three men who caught me by the arms and throat, and took my money—the prisoners are two of them—Ihad 4s. in my vest pocket, which they did not take—Bartlett hit me several blows on my head—there was a crowd—two policemen came up—Ithink I said that I had been robbed; I could not speak at once—the police came whilst the men were holding me—they ran away and I ran after them—the police caught Morton—I was sober.
Cross-examined by Bartlett. You had hold of me by my right hand.
Cross-examined by Morton. I was robbed between twelve and one—I lost about 30s.—I had 4s. on me at the station—I had two half-sovereigus and the rest in silver—the constable did not fetch me to the back of the court to recognise you on Monday—I was there.
ALBERT HOLLAND (435 H.) Early on Sunday morning, September 11th, I was in Dorset Street, Commercial Street—I saw a crowd and heard the word "grease. which means run because the police are coming—I went up and prosecutor said he had been robbed—I said, "Who did it"—he pointed to Bartlett—I took him in custody—the other man came up, and said, "You are not going to take him into custody; he is innocent"—he came from the direction of a lodging-house—the prosecutor said, "That is one of the others"—I Mew my whistle and another constable came up and Morton was charged—they both denied it—at the station they were searched, and on Morton 11s. 10d, was found in silver, on Bartlett only 6d. in silver nnd some small pieces of bicycle work—he said that he had no fixed abode, and Morton said he lived at 19, Brick Lane, which is a common lodging-house—the prosecutor said he had lost two half-crowns and two florins, all of which coins wero found on Morton—he said he had just got out of bed when he heard the whistle, and then gave his address five or six yards off.
Cross-examined by Bartlett. I did not say that you ran into a lodging-house—aboutfifty of you sent me into a lodging-house.
Cross-examined by Morton. This lodging-house is a single one.
CHARLES BAGG (465 H.) Shortly after 1 a.m. on Sunday, September 11th, I was on duty in Commercial Street, and heard a policeman whistle in the direction of Dorset Street—I saw a crowd, and Holland told me to arrest Morton—the prosecutor pointed him out to me—Mortongot hold of Bartlett, and tried to get him away from the constable, when I arrested him—the prosecutor said he had about 30s. stole—I was present when Morton was searched at the station.
Cross-examined by Bartlett. You struggled going to the station, and tried to get away in Dorset Street.
Cross-examined by Morton. The prosecutor told me to arrest you outside the double lodging-house.
The Prisoners' statements before the Magistrate: Bartlett says. "I was never near the man," Morton says. "I know nothing about it whatever,"
Morton's defence. How could I be in the robbery if I was behind the man?
—MORTON then. PLEADED GUILTY to a conviction of felony on April. 7th, 1898 ; five other convictions were proved against him.— Fifteen Months' Hard Labour. BARTLETT— Judgment Respited.
The. COURT commended Holland for his behaviour.
Before Mr. Justice Darling.
MR. CHARLES W. MATHEWS Prosecuted and MESSRS. WARBURTON and KENT Defended.
MARY KEMP . I am the wife of William John Kemp, of 4, Elm Park Road, Leyton—about July 4th a man named Clarke came to live in my house—he went by the nickname of "Curly"—he remained there until about August 4th—on August 5th he was joined by a woman, and they lived there as Mr. and Mrs. Clarke—on August 10th five children came to the house and remained there that night, and on the 11th the prisoner came, and he and Mrs. Clarke and the children all had breakfast together—the four boys left the house together, and the prisoner left about ten minutes later—I next saw him on Augnst 12th, when he came to the house, but I told him Mrs. Clarke had gone out and be could not come in—I said, "Is Mrs. Clarke your lawful wife"—he said, "Yes"—the little girl was in the house then, and later on the boy Joseph came to the house and took her away with him—I saw nothing more of the children except Joseph when he came back in great distress to see his mother, Mrs. Clarke—when I was talking to the prisoner he seemed quite calm.
JOSEPH VINEY . I am a son of the prisoner, and I think something over twelve years' old—I remember living in Drury Lane with my father and mother—I remember my mother going away—my father sold things in the streets to try and get some money when my mother, I and my three brothers and my little sister, the baby of the party, remained in Drury Lane for a few days—there was my brother Harry, about eleven, Bertie, about five, Fred, about eight, and the little girl, Annie, about two—I remember we all went to 4, Elm Park Road, Leyton—my father showed us where the house was and told us to go to mother, and left us—we went to
the house and stayed that night with our mother, next morning my father came, and we all had breakfast together, after when we four boys and father left, leaving the little girl and my mother behind—we played about in the Marshes till evening, and then wandered back to White chapel—we slept in a railway arch till about two o'clock, when a policeman took us to a shelter, where we remained till about eleven o'clock next morning—we then went to London Fields, where my father left us till the afternoon, saying he was going to Drury Lane to get a letter—he came back about two o'clock, and we went to Leyton Marshes—father then said he wanted me to go to Elm Park Road and bring the baby—I went there, saw my mother, and she gave me the baby, and I brought her back to where I had left my father and brothers—that was about fiveo'clock—mymy father then took us towards the Marshes—he wanted to dictate something for me to write, which he did, and I wrote this letter (produced. and gave it to my father. (Read.: "A man called Curly came to lodge at my place. He and my mother has been the cause of all this. They will tell any lie to clear themselves—Gas Works, Lea Bridge Road"—I don't think my father can write—after writing the letter I went for some beer—my father gave me 6d. and told me to fetch a pint—he gave each of us boys some of it, and had some himself—I took the can back when it was empty and came back to my father—we then went on across the Marches, where we played about till it was dark—my father then told us to lie down—there were some pailings near, at the back of the waterworks—we all lay close to the railings—he took his coat off and put it over us, and lay down himself beside us—they all went to sleep—I did not—the baby was next to me, then father was next to her, then Harry—Fred was the other side of me—after some time I heard Fred moaning—I went to him and found he was covered with blood—I tried to stop it, it was coming from his neck—Isaw my other brother lying on the ground—I then went to Annie and saw she was smothered with blood—I took her into my arms—I called my father a cruel beast to take the baby away from mother and do that to her—I then ran away to Elm Park Road—I saw my mother and told her what had happened—when I called my father a beast he did not answer—thisknife (produced.) is one he used to carry about with him—I did not see it in his hand at all that night.
Cross-examined. I am about twelve years old—the first place I can remember living at was at Carshalton—before that, when I was six years old, we were at Bedington Corner—my father was in a much better position then, and living very comfortable—by degrees he got poorer and poorer, and each year things were more difficult at home—my father was always kind to us children and to my mother—we were with my father about three weeks before we went to my mother—during that time he seemed very unhappy—we had plenty to eat—he was generally very quiet—before we left Drury Lane some bedding was sold—when father came to breakfast with my mother he did not seen strange or excited, and when we went away with him he was still gentle and kind.
By the. JURY. At breakfast that morning there was no quarrel between father and mother—they were on perfectly good terms—he was quite kind to her and she to him; I heard no rough words.
Road—on August 12th, about 10 p.m., I met the prisoner's wife with the boy Joseph—in consequence of what they said I went with two constables to the back of the East London Waterworks, and there found the bodies of three children which were lying on the ground quite dead, and a fourth, Fred who was bleeding from the neck—I bound up his neck and took him to a shop in the Lea Bridge Road, and remained there till Dr. Walker came and dressed his neck—he was taken to the hospital—I have known the prisoner twelve or fourteen months—he was watchman at the Carshalton Waterworks about September, 1897—he stayed thereaeven or eight months—I saw him two or three times a week—sometimes when I went to him in the early morning, bis lamps and tire would be all right, but he seemed to be upset when I called on him—I thought he had seen better days, and it seemed to tell on his mind—during the time he was with me he had a good character, and he came to me with a good one—he was under a man named Curly Clarke, and he got out of my charge—I think he was under Clarke three or four months—he loft of this own free will.
Cross-examined. I heard he had owned a big business—he knew it was my business to go round and see that every thing was right, I had seven or eight others to see—I dropped down on them without their knowing—heknew he might be dropped on, but he was surprised and upset when he saw me—he showed it by not being cool or calm—he was quite different from the others—I have said "Sometimes we used to think he was a wee bit off"—I thought him a wee bit soft, non-compos mentis—I did not want him to go, I felt he was doing his duty—it was not difficult work—I have said "I think he had a bee in his bonnet"—he was a temperate, decent, good lad—he is a Lancashire man—he was sometimes silly or soft—I never saw him with his children.
Re-examined. The only instance I can give of his not being like other people is that sometimes after he had sat up twelve hours watching he has come to me to know if he could go stone-breaking to put in an hour or two at that, and when he came to measure it, he did not know how much he had done, he could not calculate the quantity, he left it to me to measure.
WILLIAM SMITH . I am a florist of 3, Alpha Cottages, Lea Bridge Road—onthis night I heard something which caused me to go down Marsh Lane—I heard steps and I saw the prisoner coming down the lane, I asked him if he was the man who had been killing his children, and he said "Yes, but one of them has got away"—I said "Where are they"—he said "If you go down the path here and along the fence you will find them round the corner"—we walked on till we found Constable Ingram and the boy Fred—by Ingram's direction I took the prisoner to the Lea Bridge Road Station and handed him over to Sergeant Bates—he seemed all of a shake, and he was wet about the legs, and was carrying his coat over his arm—I could not see his face, it was dark—at the station he seemed cool and collected on the way—he told me riot to hold him too tight, would not try and get away—he did not try to get away—he seemed as he perfectly sober.
THOMAS BATES (64 N.) I was on duty at the Lea Bridge Road Station on August 12th, at 12.5 a.m., when the prisoner was brought in by Smith, who said: "This man has murdered the children on the Marshes—the
prisoner said nothing then—I said I should detain him, and he said he wished to make a statement—I said I should take it down, and it would be used in evidence against him—he made it, and I took it down—this (produced.) is it (Read.: "I, William Viney, state I have no home for the children, and I am out of work—they are homeless and fatherless, and I have cut their throats—I could have done the last one, but he made such a row. Here is the knife I done it with"—he produced a pencil note, saying: "The boy has written that at my request." He handed me the knife and the note—he was slightly agitated, but otherwise perfectly right—his clothing was wet up to just above the knees—I handed him over to Inspector Sutherland.
Cross-examined. I was at the station, but I handed him over to the reserve man—I did not hear him say anything more.
ALEXANDER SUTHERLAND (Inspector J.) I am stationed at Woodford—Iwas at the Lea Bridge Road Station on August 13th, and found the prisoner detained by the last witness—I said: "Anything you say will be taken down and given as evidence against you"—I told him he would be charged with the wilful murder of his three children, Annie, Bertie and Harry, and with attempting to murder his son Fred on Leyton Marshes—he replied, 'Yes, quite right, I did not know but that I had finished him"—the depth of the water in the Marshes is about four feet.
Cross-examined. He seemed quite calm and cool—he did not seem impressed—he was brought from Leyton Station, about two and a-half miles from Lea Bridge Road to the first station, which was about two hours' walk—he was in Sergeant Bates' charge there—I do not know if he went to sleep at the second station—he seemed to regret that he had not finished the boy.
ALBERT STEINER . I am house surgeon at the German Hospital, Dalston—aboutmidnight on this night a boy, Fred, was received in the hospital and seen by me—he was suffering from collapse and an incised wound on the right side of the neck—the windpipe on the right side was cut—it was very dangerous—he recovered, and is now quite out of danger—this knife would cause the wound.
Cross-examined. The wound must have been inflicted with some considerable violence—there is such a thing as a sudden attack of homicidal mania—it comes on sometimes after excessive bodily fatigue—I think it could be brought on by living in a bad way—in homicidal mania sometimes a person's whole conduct changes—a person who has been exceedingly kind to people very often becomes exceedingly unkind—sometime one of the symptoms is that when a man commits a very terrible murder he is very cool about it afterwards—I think it is a symptom of insanity when a man who has killed three of his children regrets that he has not killed a fourth.
HAROLD ALBERT WALKER . I am a member of the Royal College of Surgeons, and in practice at 145 Allerville Road, Clapton—on this night I dressed the boy Viney who had been cut—I went to Leyton Marshes and saw the bodies of three children lying on the grass face downwards—I found their throats had been cut—they were dead when I examined them—the cause of death was from loss of blood from the wounds.
way—the prisoner was admitted there about August 13th—he has remained there since that date, and he has been under my observation since the 29th.
Cross-examined. I have made a report in this case—in that report I say, "he seemed in a very weak state of bodily health, and appeared to have been living very poorly, quiet in manner, decidedly of weak mind, but I could not certifiy him as insane"—I first saw him on August 29th last—from inquiries I have made, and from my conversation with him I came to the conclusion that he had had very great domestic misery—he stated that he was very much attached to his wife and children—he made use of the expression that a power of darkness overshadowed him, that the idea came to him that he had better kill the children, that they might go to a better world—I questioned him as to his domestic and other relations, and as to what took place on the day in question and a few days preceding, and as to his motives and feelings at the time, and as to his regret and remorse afterwards—I found he did not seem to have much regret, but did what he thought was possibly the best for the children under the circumstances—I gathered that he really looked upon his act as rather meritorious than otherwise—that would certainly indicate a morbid state of mind—one of the symptoms of insanity is an entire change of character—he told me that his sister had died in an asylum a long time ago—not unfrequently persons in a fit of homicidal mania kill persons near and dear to them other than strangers—an insane person may show a certain amount of cunning with a sudden attack of violence—the border line between sanity and insanity is very sharp—I heard that he said he regretted that he had not Killed the fourth child, to whom he was very much attached—that would raise a suspicion—afterthe commission of a dreadful act an insane person may experience a sense of mental relief and indifference, and become more calm—there might be a sense of despair—he would not care what became of himself.
By Mr. MATHEWS. I saw him daily after August 29th—I should not have certified, him to be insane, weak-minded, but not insane—I questioned him as to his regret, but he would not admit that he did regret—I asked him if he would do the same thing again, and he said he would—he knew what he had done, and that it was wicked, to a certain extent.
GUILTY — DEATH .
MR. COLAM Prosecuted, and. MR. HARRISON Defended.
JAMES MARTIN . I live at 16, Salisbury Road, Manor Park—on Sunday, July 17th, I was standing on the railway fence near the Wood Grange Park Station, about ten yards from two haystacks—the prisoner and his younger brother were there, and Pearse and Harry Mill—I saw the prisoner take a match from his pocket, hand it to Pearse, telling him to set light to the stack—Pearse gave it to Clark's younger brother, who gave it back to Clark, who lighted the stack, and bis brother and Harry Mill followed him—the stack was burning when the fire-engine came.
Cross-examined. I had been to Sunday school that afternoon with Ralph—we were all on the top of the stack playing—Charlie bad a safety
match-box—he took it from his waistcoat pocket—he struck it on the box—the boys had been smoking, but not when I was against the hay stack—I have not seen Pearse smoke cigarettes—I did not smoke that day—I did not hear Pearse ask Charlie for a match—I have not told anybody Pearse lighted the haystack—I saw Miss Buah here yesterday—Idid not tell her Pearse set fire to the rick—if she says I did it is not true—I did not talk to her—I spoke to Sergeant Duff—I did not tell him Pearse was the boy.
JOHN RALPH . I live at 8, Gerrard Road, Manor Park—I was near Wood Grange Park Station on July 17th—I saw Clark, his brother, and Pearse—I do not know the other boys' names—Clark said "What do you say to me lighting the haystack?" and he took a match-box out of his coat pocket and a match from his waistooat pocket and set a light to the stack and they all ran away—we were on the top of the stack.
Cross-examined. I was ten last July—we got down—we were afraid of being burned—I told the magistrate what Clark said—the clerk never read out my words—I told some boys round our street—I did not tell Martin—he was not there—I do not know where he was—he was at the place when Clark said "What do you say to me lighting the haystack?"—he was on the haystack—he must have heard—Clark struck a match on the right side of the haystack—we were on the bank over the fence—I do not know who smoked—I did not smoke that day—Pearse smokes—he did not ask for a match to light a cigarette—if he had I should have heard it—I never saw him smoking anywhere.
Re-examined. The fire was not caused through smoking—Clark said to his brother "What say we to lighting the haystack?"—his young brother said yes, then he got the match and struck light to it—he did not ask his brother to set light to the haystack—I hardly know Clark—I go to the same school as Pearse and Martin—they are friends—I have spoken to my playmates about the fire, not to Martin or Pearse, because they knew about it—the prisoner was kneeling when he took the match from his pocket, and said, "Suppose we set fire to the haystack?"—I said, "You will have to pay about £40 for it if you light it"—I tried to stop him—I ran after him, and Martin followed me—I thought the stack would come to about £40.
HOWARD CLINTON PEARSE . I live at Manor Park—I am nine years old—Clark set fire to the haystack—Neale told me to set it alight—I said I would not—I had no match—Clark had a match—he gave me a match—Neale first suggested it—I gave the match back to Clark—I bad not been smoking—I have smoked, but not on that day—I smoke cigarettes that boys give me
Cross-examined. I last smoked on the Wednesday before the Sonday out on the Flats and in the street—I carry cigarettes in my knicker pockets, and give them away—one I carry at a time—Clark smoked that afternoon—I was on the top of the rick when Neale said, "Shall we set it alight?" and Martin and I jumped off the stack and went up the bank nnd stood on the fence, and told them not to do it—I saw Clark set the stack on fire—he was down in the yard near the haystack—one was one side and one the other—I have not talked to other boys about this ccase—I have not heard Martin or Ralph talk about it—I first knew about coming
to give evidence when some one came to our house and told mother—Nealeused to live our way, and I used to speak to him—he is a bigger boy—Clark's brother was there—Clark did not say anything to him—he told me to light the stack, not his brother—his brother did not say he would not and give him back the match—I said that.
JOSEPH CAPSTICK . I am station-master at Manor Park Station of the London, Tilbury and Southend Railway—on the evening of July 17th, in consequence of information, I went and found two stacks alight—the fire brigade came and worked the best part of the night—they saved a little, but it was fit for nothing but litter—the damage was to the value of about £30—the larger stack was of the value of about £22 to £24, and the smaller one £8 or £9.
HERBERT DUFF (Detective Sergeant, K, stationed at Ilford.) I received information on July 18th and made inquiries—I saw the prisoner on 29th—hisfather and mother were there—I told him I was a detective officer, and that from information I had received I should take him into custody for wilfully setting fire to two haystacks at Manor Park on Sunday, July 17th—he said, "I did not do it; I gave a match to a boy named Pearse, and he set fire to the stacks"—I took him to Ilford Police-station—he was subsequently charged—he made no reply.
Cross-examined. I saw the prisoner's brother Willie—he made a rumbling statement about the boy Pearae—he did not say, "I was with my brother, it was Pearse who did it"—the parents were present—after the case was remanded on Tuesday, the mother said, "You ought to have brought Pearse up"—I believe the prisoner has a stepfather.
NOT GUILTY .
MESSRS. C. W. MATHEWS and GUY STEPHENSON Prosecuted. and MESSRS. WABBURTON and C. W. KENT Defended.
ELIZABETH BARNES . I am the wife of David Francis Barnes, a labourer, of 34, Lascellea Road, Leytonstone—I have brought up the prisoner since she was eleven years of age—she is now twenty—I remember her having a child in the West Ham Infirmary about a year ago—Icould not tell the day but about August 21st or 23rd, 1897—I brought her with the child to my house, where she remained seven or eight weeks—she then went into the service of Mrs. Weston, High Street, Stratford—the child remained under my care—she from time to time visited it and paid money for its support an she could give it to me—the child was not affiliated—on Sunday evening, July 31st, she came—Iasked her if she was going to leave her place—she said "Yes"—she had told me she had had notice to leave on Sunday a week before—she was going to leave the next morning, August 1st—she said she was going to Southend with her young man till Tuesday morning—I asked her who she was going to stay the night with—she said with friends of his—I asked if they were relations—she said "No"—I asked her, and she said, "I have got a place to go into, and I am going out on Tuesday morning"
—she said it was in a coffee-shop—I said, "Good gracious, Kate! What are you going to take a place in a coffee-shop for? You were not stron enough for your other place"—she said she could do it—I said she never would, it was too harassing to go to a place like that—on Wednesday August 3rd, I left my house in the morning—my husband had gone to work—I left the child in bed—it had not been well from its birth—I left my daughter in-law Ellen in charge—Mrs. Brooks was in the house—I returned about 9.45 p.m. with my husband—I went to bed about 11 p.m.—thebaby slept in my bed, where I had left it when I went out after supper, wnen I went to the room, the baby was not there—its night dress was on the chair in the kitchen, and some of its day clothing, but I had not noticed it—I afterwards missed its frock, petticoat, and shoes—Isearched for the child—I went to my daughter-in-law, who lives close by—I then went home—next morning I made inquiries, first at Mrs. Weston's, where she had been in service, then at the coffee-house, Town Road, then at Mrs. Harper's, at Stratford, and at 2, Beechy Place, where the prisoner's young man lives—I could not find the child—between 10 and 11 p.m. on August 4th I was in the Ley ton Road—I had seen the prisoner run away from Beechy Place, her young man, Bert's house—she came down the area steps from the street to the kitchen—I had followed—a young man stopped her—I asked her what she had done with the baby—I went back with her to Beechy Place, and Kingsland, the policeman, followed—I asked her in the kitchen what she had done with the baby—she made no answer at first—I asked her a third time—she said "I went round Forest Gate way and put it into the pond" or "water"—before that she said "I have done with that what I was going to do to myself, only I wanted to bid Bert good-bye"—the policeman was clearing away people outside—he came down and said he should take her into custody—he told her what for—she said "I could not help it, I was worried; I should not have done it, but I was worried"—I recognised the child at the mortuary and the child's clothes on August 6th.
Cross-examined. I have not seen the prisoner in prison—I have been too ill—I was well paid for keeping the prisoner when I did have it—I had no clothes sent for her—I have not heard from her mother for fifteen or sixteen years—the prisoner used to pay half-a-crown a week for keeping the child—I understood she had 5s. a week in service—I never pressed her for money—I was ill, and told her I should have to get it into a home—Idid not threaten to put the child in a home where she would have to pay 5s.—I have not been unkind to her—I have not said she was in the family way again—I have not scandalised her to Mrs. Harper—the solicitor at Stratford asked me if I knew the condition she was in—I did not suggest her condition to people at the Salvation Army Refuge in order to break off her engagement—I was afraid from what the solicitor said there was homething wrong, and am glad the doctor has made a report it is untrue—I told the coroner the girl said, "I did not know what I was doinig when I did it," and that she had told me her head was bad whilst she was in her place, and I pressed her to have some medicine—shewas contiually complaining of a troubled head—I told her if I was her I should get Beechara's pills, as I thought they would do her good—shesaid, "I think I will"—she was in the young man's kitchen when she
said, "I did not know what I was doing when I did it," and before she was taken into custody—I tried to get the child affiliated, but she did not know anything about the man, no more than his name was George.
ANNIE HARPER . I am the wife of George Harper, of 96, Major Road, Stratford—I have known the prisoner for about six years—the last three years I have lost sight of her—on 27th July last she called to see me—she said she had a young man—the next day she called with him—he went by the name of Bert—Bert Raney I believe—he asked me if I could make room for her till she got a situation, and I said yes—we arranged for her to come the same Thursday night, and she came—she slept there on the night of 3rd of August—she went out between 7 and 8 p.m.—shesaid she was going to look for a situation—she came back about 11.10, p.m.—I said, "Kate, you are late;" she said "Yes I am sorry to keep you up, but I have been to Ilford, and up the Leytonstone Road to look for a situation"—that she had tried to get a situation at a ham and beef shop—it was raining about 11 that night—she said her boots were damp—theywere very thin and wet—she had a piece of bread and cheese and a glass of water for supper—she said her young man would see that I had something for her lodging; that she would not go home because her people were so unkind to her—I saw her foster-mother, Mrs. Barnes, one time before that—I understood she referred to the Barneses—I was not aware, between July 27th and August 3rd, that she had had a child—on August 4th she went out between 9 and 10—I next learned she was in custody—her mother came, and I had a conversation with her.
Cross-examined. I know the prisoner as Barnes—I thought Mrs. Barnes was her mother when she complained of her being unkind to her.
ELLEN BROOKS . I am the wife of Henry Brooks, of 32, Lascelles Road, Ley ton—I live on the top floor of the house where Mrs. Barnes lives and where the prisoner was—on August 3rd I heard a knock, about 9.15, p.m.—mylittle boy went and opened the door—I recognised the prisoner's voice—sheasked me, "Where is mother?"—I knew she referred to Mrs. Barnes—Isaid, "I do not know," and that she had been out all day—she asked where the baby was—I said, "In bed, I expect"—she said, "There is a light in the kitchen; I will go and see"—I was standing on the landing—shetook the light from the kitchen to the bed-room, where the baby usually slept—I heard the baby make two little noises; crying—I next heard the street-door go about ten minutes afterwards—later on Mr. and Mrs. Barnes came home and spoke to me.
DAVID FRANCIS BARNES . I am the husband of Elizabeth Barnes—earlyin August I was living at 32, Lascelles Road, Leytonstone—I last saw the prisoner's child on Tuesday, August 2nd—I left the house early on August 3rd to go to my work—I returned about 8 p.m.—I left the house about. 9 p.m.—Mrs. Brooks was in the house—about 10 p.m. I returned with my wife—soon after the discovery was made that the child was gone—I afterwards identified the child at the mortuary as the prisoner's child.
ELLEN BARNES . I am the wife of Henry David Barnes, the son of the Barneses who lived in the Lascelles Road early in August, but now in the Florence Road—on August 3rd I was left in charge of the prisoner's child the whole day—I put it to bed about 6.30 or 6.45 p.m. after I had fed it
with rolled oats, milk and sugar—it was fretful that day—I last saw it in Mrs. Barnes's bed-room about 6.45 p.m.—it slept there—I left the home about nine p.m.—the child at that time was in bed—I had watched it to sleep—it had its night-dress on—I left my father-in-law and Mrs. Brooks in the house—I had put its frock, socks, and shoes on a chair in the kitchen—theseare the things (produced.—a passage leads from the kitchen to the bed-room—there was a light in the kitchen when I went away—it is on the ground floor.
GEORGE RILEY . I am superintendent of the Forest House branch of the West Ham Union—in consequence of something told me I went about 11.20 a.m. on August 4th to a pond in James Lane, the property of the guardians—it is on the side of the road—round it are posts and chains—I saw the body of a dead child about four feet from the bank in from eighteen inches to two feet of water—the face was visible—a lot of weed and deposit is there—I fetched a constable.
Cross-examined. Near the bank the water is shallow—about six inches—the centre is about ten feet deep—the body may have drifted.
Re examined. A spring supplies the pond, but it is at present dry, and the water is practically stagnant.
HARRY FORD (549 J. I am stationed at Wanstead—on August 4th Riley came to me and I went to the pond in James Lane—I saw the body of a child—I got a garden rake and dragged it out—it was a female child, quite dead—this cotton frock, petticoat and chemise (produced. were on it, and this teat was tied round its neck—it had no socks, shoes, or hat—Dr. McGregor was sent for and the body was sent to the mortuary.
HENRY KINGSLAND (544 K.) I am stationed at West Ham—on August 4th, about 10.10 p.m. I was on point duty in the Leyton Road—I heard a cry of "Stop thief"—I ran down the Leyton Road—the prisoner was stopped—Mrs. Barnes was running after her—as she came up I asked what was the matter—Mrs. Barnes asked me in the prisoner's hearing to come to 2, Beechy Place, Leyton Road—I there dispersed a disorderly crowd, and went into the house—I saw Mrs. Barnes, the prisoner, and a man on the ground floor—I should know the man—he was not Raney—he was between forty and fifty—when I got in the room Mrs. Barnes said the prisoner had had an illegitimate child, and the previous night she had been to her house and taken it away, and would not give an account of it, or say in whose hands she had placed it—the prisoner was sobbing and crying bitterly—Mrs. Barnes asked her several times in my presence what she had done with the child—she made no reply—I said, "If the child is all right, why don't you tell this woman where it is?"—she made no reply—she was still sobbing bitterly—Mrs. Barnes said, "If the child is all right, Kate, why don't you say where it is?"—she said, "I cannot tell. I took it out of bed last night and threw it in a pond on the Flats. I could not help it"—that is Wanstead Flats—I told her I should have to take her to the station, which I did, and saw Inspector Meaton.
HARRY FORD (Re-examined.) This pond is in a different direction to the Flats—it is in James Lane, Whip's Cross Road, Leyton—there are several ponds on the Flats—the nearest is a mile from this pond, crossing the Forest, but, taking the road, about a mile and a-half—the pond where
the body was found was about a mile and a-half from 32, Lascelles Road; the pond on the Flat about three-quarters of a mile—the ponds are within a couple of miles of Lascelles Road.
CHARLES MEATON (Police Inspector.) On August 4th, about 11 p.m., I was in charge of the West Ham Police-station—the prisoner was brought in by Kingsland, who spoke to me—I said to the prisoner, "This constable tells me that you have told him that you have thrown your child in a pond on Wanstead Flats"—she replied, "That is quite true what he has said. I took it out of bed. I went round Forest Gate way, and put it into a pond on the Flats"—I said, "I shall have to detain you while inquiries are made"—I sent for the matron, Louisa Bird, ana left her in charge while I made inquiries, and search was made for the body—I heard from inquiries it had been taken to the mortuary—about 8 a.m. on August 5th I went to the mortuary with Francis Barnes, and a constable—I saw the body, and Barnes identified it in my presence—I returned to West Ham, and formally charged the prisoner—she made no reply—in the mortuary the child was stripped—its clothing was by its side except its shoes—this teat was loosely round its neck—the rest of its clothing was brought on the Monday by the boy Robert Abbott.
Cross-examined. The prisoner was excited—she sobbed and cried contioually—shewas bordering on hysterical.
LOUISA BIRD . I am matron at West Ham Police-station—I was incharge of the prisoner from 11.30 p.m. on August 4th till she was brought up before the Magistrate the following day—she was crying very much, bat becarao more composed during the night—she voluntarily said, "I have had to leave my situation because I was not strong enough to keep it, I thought I had got another one to go to where I would have more money"—that she was disappointed at having no money, and "I put my baby into the pond, and after it cried I tried to get it out, but it was too far, I could not reach it, and having no money I intended to make away with myself, but I wanted to say good-bye to my young man tirst"—and that she had been to the young man's home, and he had not come home—she said she saw Mrs. Barnes and ran away.
ELLEN BABNES (Re-examined.) When I left the child in bed it had its nightdress on, but not its roller—I left its clothes in the kitchen—I took off in the kitchen its cotton frock, white-striped petticoat and chemise—besidesthere was the roller, socks, and these shoes.
PATRICK FRASER MACGREGOR . I am a medical practitioner, living at Cambridge Park, Wanstead—about 11.30 oa August 4th I was called in by the police to examine the body of a child at Forest House, James Lane—that is where the pond is, the house is a branch of the West Ham Union Workhouse—the child was lying on the bank—it had just been taken out of the pond—it was quite dead—it had on this little frock petticoat, and chemise, but no shoes—I noticed the weeds on the clothing—as I turned the body over a small quantity of water came from mouth—there were no marks of violence—I saw it subsequently in the mortuary—on August 5th I made a post-mortem examination—the brain
was healthy—the left side contained a quantity of dark fluid-blood—the lungs were healthy—the windpipe contained a little water, sand and particles of weed—the stomach was distended—it contained about two ounces of muddy water and a large quantity of similar weed to that in the windpipe, and a few particles of coarse oatmeal—the tongue was slightly swollen and resting against the teeth—the cause of death was syncope and asphixia, caused by drowning—these are well-known indications of drowning and left me no donbt as to the cause of death—the body had been well nourished—it had not been in the water more than twenty four hours at the longest—it might have been less, twelve hours.
ALBERT EDWARD RANEY . I live at 2, Beechy Place, Leyton Road, Stratford—I had been going out with the prisoner—I had known her six months—I was courting her—I walked out with her with the intention of marrying her—I never know that she had an illegitimate child till I came back from my holidays and found she was arrested—I had no idea of it.
GUILTY.—Strongly recommended to mercy. — DEATH .
MR. METCALFE Prosecuted.
GUILTY .— Seven Years' Penal Servitude.
Before Mr. Recorder.
MR. KERSHAW Prosecuted.
CHARLES YOUNG (Detective Constable, G.E.R. On August 31st, about 4.15 p.m., I was on duty with Irwin near Silvertown, near a railway which is used for goods traffic which runs to the docks—we were between the railway and the road, and saw the prisoners and a third boy a little over 100 yards from us on the railway, where the public have no right to go, but people do cross—they walked to a coal-truck standing on the rails and attempted to take the pin out, but did not succeed—that is the pin in the trap-door underneath, to let the coal out—if the pin had come out, all the coal would have gone on to the railway line—they then walked along the line together and picked up something, put it between the points and walked away, and were joined by some other boys who came across the fields—we were behind a fence, so they could not see us, but when we showed ourselves they ran away—we ran afier them and caught them—I took Hennessy back to the points, and Irwin took Claik—it would have been impossible to work the points properly—they said they did not think they had been doing any harm, they had been to Woolwich for a walk—wehanded them over to a metropolitan constable—I had been at the spot about a quarter of an hour before, there was nothing in the points then, and when we were watching we had the points in view—nobody was there but the two prisoners.
Cross-examined by Hennessy. I was asked at the station who put the stone on the line—I said that you put it there, and Clark did something
to it afterwards—I did not say that I did not know which of you put it down.
JERROD IRWIN (Detective G.E.R.) I was with Young, and saw the prisoners on the line—they first went to a truck loaded with coal, and tried to pull the pin out, but could not, and then they went to the points, and Hennessy picked up something and dropped it in the points—they then went away—I do not think they had seen us—when they did see us they tried to run away, but we stopped them—I found this stone in the points—I took Clark—they said they did not think they were doing any harm; they had come from Woolwich—no person has a right to walk on the line, but it is right along the public road—it is not a short cut to walk on the line—Young said, "We found this stone in the points; this is what you have been doing"—they denied it—another little boy was with them—they were alone when they tried to pull the pin out.
JAMES BELL (712 K.) On August 31st, about 130, the prisoners were given into my custody for placing a stone on the railway—Clark said that he was walking down the line, and when he got to the crossing the two witnesses came and spoke to some other lads—I took them to the station—they were charged; Clark said that he was with Hennessy walkirg down the line, when the two witnesses got hold of him—he said in Hennessy's presence, "We did not place it on the line."
Clarks defence. I was looking at two boys having a swim and as we came back we went down the line a hundred yards, and when these men came up we ran away, and they laid hold of us. Young picked up this stone, and said, "This is some of your doing." The inspector asked him which of us undid the truck; he said that he could not say.
Hennessy's defence. We went to see some boys swimming, and went along the line. There were some big boys in front of us. Two men called us, and the boys ran away; we stopped, and they said we had no business there. They took us down the line and picked up a stone, and said, "This is somo of your capers." We were taken to the station. The inspector asked what we were charged with, and Young said for placing stones on the line. He asked which one, and he said he did not know.
NOT GUILTY .
MR. METCALFE Prosecuted.
EDWARD FARMER . On July 29th I had some rabbits and a fowl in a yard—they were all right at 11 p.m., but at 5 a.m. next morning they were gone—all the doors of the hutch were open—I informed the police—Isaw my rabbits on Sunday, two were dead and the rest alive—I do not know ihe prisoners.
GEORGE HARTRIDGE (533 K.) At 12 p.m. on July 29th, I was off duty in plain clothes in Hermit Road—I saw the prisoners together and Clarke had a sack on his back—I followed them and asked what they had got—Clarkesaid, "We have some rabbits."—I asked where he got them—he said he had bought them for three shillings about an hour before—I had seen them before on the Sewer Bridge, and had followed them—they were taken to the station—the sack was examined, and it contained nine live
rabbits and one dead one, and a dead fowl which was quite warm—the prisoners were charged with unlawful possession—the rabbits were identified on the following Sunday by Mr. Farmer—they were kept at my house—the prisoners were then charged with stealing.
Cross-examined by Clarke. I followed You about 300 yards—Stock dale did not walk away when I spoke—I put my foot on the mouth of the bag to stop the rabbits running out—you dropped them on the pavement.
Cross-examined by Stockdale. I saw you waiting from the other side of the Salisbury public-house to the corner of the Barking Road.
The Prisoners' statements before the Magistrate: Clarke says." I knocked off work at 9 p.m. and had some beer. I was stopped on the bridge by a man who offered me the things for 5s." Stockdale says. "I was walking with Clarke when the policeman cone and caught us by the arm."
Clarke, in his defence, said that he was on the Stiver Bridge when a toll man with a bag asked him to buy tome rabbits for 5s. He said he had only 3s., and he bought them for. 3s. Stockdale said that he was only out of hospital a few hours when he met Clarke, but he had not asked him what he had in the bay when the police took him.
Stockdale then. PLEADED GUILTY to a conviction of felony on November. 14th, 1892, and three other convictions were proved against him.— Four Months' Hard Labour eack.
MR. WABBUBTON Prosecuted.
DOUGLAS JOHN GRIGGS . I live at 2, Vine Villas, Woodford, and am a clerk in the County Bank—at 8.30 on August 23rd I left my bicycle at the entrance of the Wilfrid Lawnon hotel—I returned after a few minutes and missed it—I gave notice at the station, and the same night I identified it there.
MAURICE YOUNG (260 J.) I saw the prisoner take a bicycle from the entrance of the Wilfrid Lawson hotel—the prosecutor complained to me—from information received I went to a shop in Snake's Lane and there I found a bicycle which the prosecutor identified—I afterwards identified the prisoner from among several other women.
ADA BRAY . I live at 5, Snakes Lane, Woodford—about 9.20 on August 23rd the prisoner came into my shop with a bicycle—she said, "Excuse me, would you mind minding my machine for me, while I go to look for lodging"—I said, "It is a man's machine; do you ride a man's machine!? she said, "No, it is my husband's, and he has gone to look for lodgings, too"—I made inquiries and informed the police—she came back about three-quarters of an hour after, and a constable took her.
GEORGE LANGDON (158 J.) About 9.30 on August 23rd I was standing outside Mrs. Bray's shop—the prisoner came up, I followed her in, ana asked if the machine she had left there was hers—she said no, it was a friend's, and she was going to take it to the station to meet hm—I took her to the police-station—on the way she ran away, but I caught her again—at the station she said she had no witnesses and would reserve her defence.
Cross-examined by the Prisoner. You did not say you had met a man
who asked you to wheel the bicycle down to the shop, or that you were going to see some friends.
The prisoner, in her defence, said that she met a mtn in a train who afterwords asked her to take the bicycle known the road for him to the shop, that she met him again and he asked her to take it to the station, and when, she returned to yet the bicycle again the police arrested her.
—She then. PLEADED GUILTY to a conviction of felony on June 17th, 1896, and another conviction was proved against her.— Nine Months' Hard Labour.
628. GEORGE SILVERSTONE (30) PLEADED GUILTY to Stealing a bag of 77lbs. of nails, the property of Frank Rivett Cox, also a metal pan, also two pickaxes and a sieve of William Brown, having been convicted at West Ham, on January 4th, 1895.— Nine Months' Hard Labour.
630. CHARLES WILLIAM MAY (19) , to stealing a mandoline and other articles, the property of George William Crooks, having been convicted at West Ham on June 13th, 1896.— Six Months Hard Labour. [Pleaded guilty: See original trial image.]
Before Mr. Common Serjeant.
MESSRS. HORACE AVORY and GUY STEVENSON Prosecuted.
ISAAC JACOBS (435 N.) At 12.10 after midnight on April 2nd, I was on duty in Mountfield Road, East Ham—William Dawes, the prisoner's brother, came up to me bleeding from a wound in his head, and in consequence of what he said I went to 8, Mountfield Road—James Dawes opened the door—William Dawes said, "Stab! stab! Knife! knife! James! James! Lock-up! lock-up!"—he has a bad impediment in his speech—I said, "James, I shall have to take you into custody and take you to Barking"—I knew him—he struck me on my head and knocked my helmet off—he struck me several times with something in his hand, I do not know what it was, and smashed my helmet—I struggled with him—a man, Harris, came up before I fell—he tried to help me—Thomas Dawes came up, and he then rushed out of the passage—I did not enter the house, but was in the garden in front—Thomas Dawee struck me several times, and then I fell and I was kicked by James and Thomas—I was kicked in the jaw by James, and also in the eye—I lost three teeth—James said, "Let me give him one; he is done for now," and kicked me on my right side—I believe it was Thomas who said, "He is done for now"—they left me on the ground dazed—I afterwards got up and blew my whistle, and Police constable Barker came up, and I was assisted to the police-station and afterwards to the hospital, where I remained till April 2th—I am on the sick list now, and am still suffering.
THOMAS BARKER (640 N.) I heard the whistle blow—I ran towards the sound and came to Mountfie'd Road, and saw Jacobs struggling to his feet and blood streaming from several wounds in his head—I said, "What is the matter? Who has done this?" and he made a statement—his helmet was off—Harris came up and assisted me to the station—I took Jacobs to
the hospital—on July 5th I went with other constables to Romford, and arrested the prisoners in a public-house.
JAMES THOMAS HARRIS . I am a brick-maker, of Ilford—I saw Jacobs go up to 8, Mountfield Road, and saw James Dawes hit him twice with a lump of iron—on going to his assistance I received a clout on the back of my neck which knocked me down—I got up and had another one—I struggled with him, and they hit me again and knocked me down—this was about twenty yards from the house—I then went to Jacobs, and helped him to Barking police-station—both prisoners struck me.
JAMES OLIPHANT GOLDIE . I am house-surgeon at the West Ham Hospital—Jacobswas brought there with a lacerated wound on the head about three inches long, which required stitching up, and a wound on the top of his head about three-quarters of an inch long, exposing the bone, which was fractured—he had severe bruises on his right eye, and two or three teeth were knocked out—he was an in patient till April 20th—he was suffering from concussion—I have seen him lately—I do not think he will be able to resume his work—this poker (produced. may have caused the injuries—he is suffering now, I think, from the wound on the top of the head—there is some internal mischief—he is suffering from general shock, great nervousness, giddiness and mental depression—under any circumstances he will require plenty of rest for a very long time—very little more would have, killed him.
DANIEL TYDEMAN (Police Sergeant. 29 N.) On July 5th I went to the Sun public-house at Romford with Barker and Venton—we were all disguised as labourers—we entered the tap-room, where we saw the two prisoners—I told them that I should take them into custody for maliciously wounding Police constable Jacobs—Thomas made a desperate effort to escape, and after a severe struggle they were both secured—they were taken to the police-station, and then to Barking—on the road Thomas said he had only been at home two nights after deserting from the Army before this happened—James said, "The charge is false"—they were charged, and made no reply.
EDWARD VENTHAM ("639 N.) I was with Tydeman at the arrest of the prisoners at Romford—James Dawes said, "It's a good job you came to-day, for you would not have had us to-morrow for we intended to join the American Navy"—on Wednesday morning I was at Stratford, and I heard James say to Thomas, "I told you not to b—well pull me away from him or we should have been taken that night"—I cautioned him as to what he was saying—I told him I should make an entry in my book to the effect, and I then made an entry in his presence, and told him I should give it in evidence against him—he said, "Why don't you put the rope round my neck at once?"
Witness for the Defence.
ELLEN DAWES . The prisoners are my sons—I saw the prosecutor between 12 and 1 a.m. on April 2nd—the prisoners were there, and Harris with them—the policeman pushed the door in—the poker was not used at all—I did not see anything done to the policeman—I saw my son
cut, and I saw the policeman on the ground covered with blood—I do not know how he came by his injuries.
Cross-examined. I went away after it happened.
James Dawen' defence. My brother was having a row indoors, and a policeman and Harris rushed into the house and the policeman hit my brother on the top of his head with his staff. I tried to get out; but the policeman held me by the throat and kicked me twice on my ribs, and Harris said "I have got hob-nail boots; let me give him another one," and he turned round to kick me and. kicked the policeman instead. I found myself in Poplar Hospital with the doctor doing my head up.
Thomas Dawes' defence. On April 2nd me and my two brothers were indoors and they were quarrelling. Constable Jacobs and Harris rushed into the house. Harris had something in his hand. A lump of wood, I think, and he knocked me about with it and cut my head open. Harris kicked my brother on the head two or three times and then kicked the constable. I took my brother to Poplar Hospital.
GUILTY .—Thomas had been twice before convicted.— Eight Years' Penal Servitude each.
The Court awarded £3 to Harris and commended the police.
MR. HARRISON Prosecuted.
WALTER JOSEPH OBERTON . I live at 660. Romford Road, Manor Park—Ihad a grey mare, cart, and harness—on March 28th the prisoner signed an agreement with me to pay me £8 10s. for the hire of them by monthly instalments of £1—one of the conditions was that he was not to part with the possession of them without my consent in writing—he paid me 2s. 6d. at the time, and he has since paid—me sums amounting to £1 1s.—the mare and cart remained a few daysin a stable adjoining mine—some time after I asked him about the mare, and he said it had gone out to grass—about a month after, I found he had not got them—I saw him several times after, and asked him for the money—he said he could not pay, as he was out of work—two months alter, I found he had sold them, and I gave information to the police—he had then left the neighbourhood—Ihave since seen the cart and harness, which I found he had sold to a Mr. Ingram—the mare could not be traced.
Cross-examined by the Prisoner. You saw me several times at my shop—Idid not know you had sold the horse and cart—you said you had sent the horse out to grass for three months—I did not tell you if you knew anyone who wanted a horse, as I wanted to get rid of it.
WILLIAM INGRAM . I am a greengrocer, of Oak Villa, Barking Side—on April 5th I saw the prisoner at the stables and asked him if he had a pony, trap, and harness for sale—I examined the pony and agreed to give him £6 5s., which I paid him the next day and took this receipt (produce.—hedid not tell me he had got it on the hire system—he said he was giving up his greengrocery business—I sold the mare two or three weeks after—I still have the trap.
Cross-examined. Just after I bought the mare you told me it had been Il and you could not take it out or you would have it taken from you.
The Prisoner, in his defence, stated that he was not aware at the time that he had done wrong; that he did not abscond with the intention of evading payment, and that having failed in business he went away to borrow some money of his brother, but could not find him.
GUILTY .— Nine Months' Hard Labour.
MESSRS. METCALFE and DRAKE, who prosecuted, offered no evidence.
NOT GUILTY .
MR. GREENE Prosecuted.
ALBERT HARVEY . I live at 19, Albert Road, Poplar, and am in the employ of Corrie and Son, the large coal people—on August 6th I got into a third-class compartment at Canning Town Railway Station at 12.7 mid-night going towards Woolwich, an empty carriage—the prisoner and two others got in after me—I was perfectly sober—I had a silver watch and bronze chain—I sat opposite them, and the train started for the Tidal Basin—I put my feet up as the train drew up—I felt some one taking my watch—I jumped up and found the prisoner standing in front of me with my watch in his hand—I asked him what he was doing, and he said, "I want your watch," and as the train slowed up he switched it off the swivel and jumped off the carriage—the other two ran into the urinal, and the prisoner passed the watch into the hands of one of them, who got into the train as it re-started—I told the guard, and asked for the prisoner to be arrested.
Cross-examined by the Prisoner. You were the actual thief—if I had gone for the other man I should not have identified you.
JOHN TAYLOR . I am foreman porter at the Tidal Basin Railway Station—Nichollscame and spoke to me, and I saw the man standing against the urinal—Harvey said he wanted a man arrested for stealing his watch in the train—the prisoner said, "If he keeps me I shall make him pay for it. I have not got the watch."
Cross-examined. I saw a man run from the urinal and get into the train.
ROBERT TEKSDALE (602 K.) At 12.25 on August 6th I was called 1 the Tidal Basin Station, where I found the prisoner detained—he was handed over to me by the Great Eastern police—the prosecutor said "This man stole my watch in the railway carriage coming from Canning Town to the Tidal Basin"—I told him I should take him to the station—onthe way he said, "I have no idea who could have taken that watch, I shall make him pay for this"—I took him to the station, and when the charge was being read to him he said, "I have not got the watch.
The Prisoner's statement before the Magistrate. "I am not guilty. I never touched the man. He jumped up and accused me. I said, 'You
must be dreaming.' He called the guard. I said, 'I will wait.' I have no witnesses to call."
GUILTY .— Nine Month's Hard Labour.
Mr. C. W. KENT Prosecuted.
CHARLES PITKIN . I live at 48, Craubourne Road, Leyton, and keep pigeons—I went out on August Bank holiday and returned between 7 and 8 o'clock—I missed three breeding birds and one young one—I received information and charged the prisoner—he lodged with me—I saw them the same evening at a bird shop.
Cross-examined by the Prisoner.—I know them as well as I know my brothers and sisters—there is no private mark on them—I can swear to these three (produced.—one was killed in the shop for an invalid.
FRANCES BENNEWITH . I live at 135, West Leyton Road, Leyton, and am ten years old—I was in my garden on Bank holiday and could see across to Mr. Pitkin's—I saw the prisoner get over his wall—I did not see him do anything—I know him as the lodger.
ESTHER BULLEN . I am the wife of Samuel Bullen, poulterer, of 8, Angel Lane, Stratford—the prisoner came in between 4 and 5 on Bank holiday, and asked me if I would buy some pigeons—I said I did not particularly want any, I had some—I said, "How many have you got?"—he said "Four"—I said, "What do you want for them"?—he said "2s."—I eventually gave him 1s. 8d. for the four—they are a common class—one I sold for 9d. and had killed, and the others were returned to Mr. Pitkin—I identified the prisoner at the station amongst seven others.
GEORGE FRIEND (Policeman, J.) I arrested the prisoner on August 3rd I told him I was a police-officer, and was going to arrest him for stealing four pigeons from 48, Cranbourne Road on Bank holiday—he said, "I know nothing about it; I deny it"—I conveyed him to the Leyton police-station, where, amongst a number of others, he was identified by Mrs. Bullen and the little girl—he was charged, and made no reply—shortlyafter he said, "I forgot to tell you; I was there, I had my old dragon cock out (A pigeon.) It got away, and I went there to see if it had gone back; I looked over the gate, but did not get into the yard."
The Prisoner, in his defence, repeated his statement at the station, and added it was only spite on the part of the prosecutor to get him out of his job, and that for fifteen years he had been employed by the Great Eastern Railway Company.
GUILTY .— One Month's Hard Labour.
MR. METCALFE Prosecuted.
WILLIAM WILLIAMS . I am a labourer, of 219, North Woolwich Road, Silyertown—at 5 p.m. on Saturday, September 3rd, I was coming over the Swing Bridge when I met Taylor, a friend, and then Comgton—he put his arm round my neck, and demanded 2d.—I said, "what right have I to
give you 2d.?"—then Barry came up—he said, "You know me Williams?"—I said, "Yes, I know you, your name is Barry"—he was standing very close—I must have received a blow from one of them which knocked me insensible—when I recovered I was at. home, my watch was gone and the chain broken (produced.—I gave information at the police-station the same evening—Barry brought ray watch back the following Sunday morning.
Cross-examined by Barry. I cannot say whether you hit me or took my watch.
Cross-examined by Compton. I was all right till you came up and demanded 2d.—I refused—I remember it quite plainly—I am a total abstainer.
JAMES TAYLOR . I am a labourer, of 16, Evelyn Street, Silvertown—I saw Williams, and spoke to him, and then went on to Canning Town—I saw the prisoners coming up from Silvertown while I was talking to him—after I left him I heard someone call out, "Heigh!"—I turned and saw Compton with his arm round Williams' neck—I knew Comcton—I thought it was play and went on—later in the day I saw Compton with someone else I cannot say who, going towards the dock.
ARTHUR HART . I am labourer, of 14, Evelyn Street, Silvertown—I was coming from the Swing bridge shortly after 5 p.m. on September 3rd and I saw Williams lying on the other side of Victoria Gate insensible—I picked him up and took him within ten yards of his house—he then walked straight, and I left him—I did not know what had happened.
JOHN WILLIAMS . I am a fitter, of 219, North Woolwich Road, and am the prosecutor's elder brother—I got home about 5.30 on September 3rd and found my brother sitting in a chair insensible—his watch was missing, and his chain hanging broken—he recovered at about nine o'clock—Ithen went to the police-station with him—next morning, Sunday, Barry called, and said he had brought back my brother's watch, and offered it to me—I told him I should not accept it, as the matter was in the hands of the police—he dropped it on the table and ran out—I followed to the door, but could not see either him or a policeman.
WILLIAM LEONARD (Detective Sergeant.) I arrested Barry at 7.45 p.m. on September 4th in Victoria Dock Road—I said, "What is your name?"—hesaid "Barry"—I said, "I shall take you into custody for assaulting William Williams and robbing him of his watch on Saturday night, about five o'clock"—he made no reply—I took him to the station—Compton was brought in after—they were both charged—the watch was handed to me by the brother.
GEORGE REED (Detective Sergeant.) I was in Halsbury Road at 9 p.m. on September 4th with Leonard, Williams, and Taylor—Taylor pointed out Compton in the public bar of the General Grant—I said, "I shall take you into custody for stealing a watch and assaulting a man in North Woolwich Road on Saturday evening"—he said, "I know nothing about it"—I took him to Canning Town Station—when he was charged with Barry He said, "All right, sir."
Witness for Compton.
for four or five minutes, and then we met Williams—Barry asked him for 2d.—me and Compton walked on for 170 or 200 yards, when Barry ran up and showed Compton a watch—he said, "Here you are Tom, take this"—Compton said, "No; I don't want anything to do with it"—Barry went on, and I never saw him till night time, and he was the' worse for drink—Ccmpton never put his arm round Williams' neck.
Cross-examined. I work with Compton; I used to work at a sugar refinery—I think robbery or violence wrong—I was convicted on March 8th, 1893, of larceny at West Ham, and sentenced to fourteen days—that was my first; again on April 17th, 1896, for stealing, one month; and in 1897 for housebreaking at Ma dstone, six months—I am now under remand on a charge of assault at West Ham—I was allowed out on bail to come here.
Cmpton's defence. I was seven years in one firm—I am now in regular employment—I have a watch of my own—I don't see what reason I have for doing anything of the kind.
GUILTY .— Twelve Months' Hard Labour each.
MR. A. METCALFE Prosecuted.
MARY PRATT . I am single, and am assistant cook at some dining-rooms 3, Broadway, Stratford, and sleep there—the prisoner was washer-up—we and two others occupied the same bed-room—I got up at 5.15 a.m. on August 23rd, and found the prisoner's purse at the side of a box, which I gave to her—she said nothing then, but afterwards she said if she had lost any money she should kick up a bother till she found it—she went downstairs and came up again in half-an-hour and said she had lost one shilling and she should kick up a row till she found it—I knew nothing of the shilling—laterin the day she was with me in the kitchen—she had a table-knife in her hand and said before the day was gone she would stick a knife through me—I said, "I will see you don't"—later on I went to the sink, where the prisoner was and she stabbed me in the arm with a knife—this is the scar—my arm bled very much—she said nothing—later, in the bed-room, she said she wanted to do for me—a constable was sent for and she was charged—she had been in the service three weeks and I a month—I had not quarrelled with her before.
Cross-examined by the Prisoner. I never took a shilling from you.
RICHARD HUNT (673 K.) I am stationed at West Ham and was called to 23, Broadway, Stratford, at 4.30 on August 23rd—I saw the prosecutrix—her arm was bleeding—she said, pointing to the prisoner, "This woman has stabbed me in the arm"—I said to Pratt, "What with?" and she replied, "A knife"—she went indoors and came back and gave me this knife (produced.—the prisoner said nothing—I said, "You hear what this woman says?"—she made no reply, and I took her into custody—whencharged she said to the sergeant, "You are a liar."
WALTER GREGONO . I am surgeon to the K Division—I was called to West Ham Police-station at 8 p.m. on August 23rd, where I saw the prosecutrix, who was suffering from a small incised wound on the left arm about 1 1/2 inch long—this knife would cause it—it is a surface wound.
The prisoner's statement before the Magistrate. "I say that I did not
strike her with the knife—I say she had my shilling out of my purse—she struck me first—the governor also knocked me about—I have no witnesses.
The Prisoner, in her defence, said that she had knives and forks in her hand, and the prosecutrix ran against her.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. FITZGERALD Prosecuted.
GUILTY .— Eighteen Months Hard Labour.
MR. HUNT Prosecuted.
GUILTY on the second count. — Nine Months' Hard Labour.
Before Mr. Justice Darling.
MESSRS. C. F. GILL and. HORACE AVORY Prosecuted, and. MESSRS. HUTTON
and. O'CONNOR Defended.
ELIZA JANE BAILEY . I am the wife of Thomas Bailey, and live in Devonshire Street—on Saturday evening, July 16th, between eight and half-past, I went to a house in Red Cross Court, in the Borough—I did not know that it was a common lodging-house—I had never been there before, I went to inquire about my brother—I went into the kitchen—I saw a namber of people there, amongst them the prisoner and a woman called Mrs. Loffehouse—she and the prisoner were quarrelling dreadfully—I heard nothing that they said—he said, "Will you be quiet; you are drunk now'—Idid not hear her answer—she made an attempt to pick up a ginger-beer bottle; she picked it up from the table and attempted to throw it, but did not do so—the prisoner then got on the table, and kicked her several times on the left side of the face and ribs—she was sitting down by the table—he had on heavy boots—she said, "Oh, don't hurt me," and she ran to another table—she did nothing to protect herself—her arms were resting on the table—he then came to the other table and picked up an iron-bar or poker from the fire-place, got on a form, on to the table and hit her with it twice—this (produced. is the bar—he hit her twice across the back of the neck, and once across the back—sheleant forward on the table—I did not hear her say anything—he said, "Oh, what have I done; have I killed her?"—he went out of the house soon after he had done it, but came back shortly with some of the omen in the room—he said, "Is she all right"—they said, "Yes, she is
only in a dead faint"—I left the room soon after that—I came back in two or three minutes, and she was then lying on the floor—I don't know whether she was dead or not—a doctor came while I was there—before I left the house, as I was sitting on the form the prisoner came round to me and said, "If you screen me I will see you all right"—I had never seen him or the woman before—I had never been in the place before, I went there to see my brother, he was out of work, and I went to see if I could assist him, and do him a kindness.
Cross-examined. I never said anything to the prisoner when he asked me to screen him—nobody was in the room when he said it; not a soul—Iwas sitting there with my baby in my arms—there was a young fellow by his side, young Ford—he could hear what the prisoner said—I am sure the prisoner did say it—I was very excited and upset at the time—all I heard the prisoner say to the deceased was, "Will you be quiet; you are drank now," and he then got on the table and kicked her—I don't know how many times he kicked her—he kicked her with all his might—she did not faint after that or fall off the form—they were not blows with the fist I—Idid not say so before the Coroner—I did not hear the deceased call him dreadful names—they were quarrelling with each other—he appeared to be very sorry after he had done this—I do not remember his crying—I did not take much notice of him—I was in the kitchen all the time—at the time we all believed that she was only in a faint I did not hear him ask a boy to go for a doctor—afterwards the prisoner and his uncle went for one, and he came—when the prisoner came back he went round to the woman—I did not see him take her hand and kiss her, what he said I don't know—whenthe doctor came he ordered her to be taken upstairs—I went up afterwards, but they would not let me in—I did say to the prisoner, "It was not your fault; she was always nagging you"—I saw Mrs. Young, the landlady, there—she came in some time after—she said if she had been there it would not have happened.
Re-examined. I only knew one person that was in the house, a friend of my sister's—I made a statement to the police the same night.
By the COURT. My husband is a printer's labourer and has been in employment eight years—the people in the house were not friends of mine or mixed with me in any way.
ALFRED FORD . I am a labourer, and live in Red Cross Court—I work at Hayward's, next to the lodging-house—it is a common lodging-house—Iknew some of the persons there—I have known the prisoner some time—he had something to do with the house, and he and the deceased lived together there—I was there on the Saturday evening, July 16th—then the prisoner came to the kitchen with his barrow—the deceased was there, she used bad language to him, she called him a f—g ponce. and she asked him for money—he said, "Give me time"—she went on abusing him—he said, "Hold your row"—she kept on, and he walked out and went to a public-house—I went there too and had something to drink—she came and asked him what she could have: he said, "You can have a glass of ale," she bad it, he paid for it—he then went out, she followed him—I stopped there about ten minutes or quarter-of-an-hour—shefollowed him to the kitchen of the lodging-house—I went in—shewas sitting on a form close by the table—I saw him playing with a
dog in the kitchen—after that they were jawing together—I could not say exactly what he did—there was a bar of iron on the right-hand side of the fireplace, and I saw him hit her with it, that's all—I could not say exactly where—I think it was on the back or neck, or somewhere, and she fell forward on the form—I did not hear her speak again, she did not scream—the prisoner said, "Well, Alice, what have I done," she was not able to answer—I got some water to bathe her face, but I could not bring her to—there were some women in the kitchen and I left her there and went to the public-house—the next day I made a statement to sergeant Dyble.
Cross-examined. I had known the deceased and the prisoner for some time—he treated her kindly as far as I could see—on this day he had been out working all day—he goes to work at six in the morning and returns About eight—they go into the kitchen, but have a room to themselves—whenhe came in this night she began abusing him; he went out to get out of her way—he was a teetotaller—he had a small lemon—I did not see him kick her at all—when he left the public-house he said, "I can't do nothing with her, she won't make it up"—he paid to her, "Leave off jawing"—hetold her to be quiet, and leave off abusing him, but she would not—afterthe blow with the poker he took her hand and kissed her—he seemed very distressed at her condition and cried bitterly—he sent a boy for the doctor, and as he did not come he went himself with his uncle—I did not know that she was in a faint—I could not tell what it was—I did not think she was dying—her language to him was very bad indeed—she was the worse for drink—the uncle was there during the time this was going on—the prisoner bad been what was called kitchen-man at the house for about two years, and he and another man were partners in a barrow used for selling flowers.
MICHAEL BURT . I am a registered medical practitioner in Long Lane, Bermondsey—on Saturday night, July 16th, the prisoner and another man came for me to go and see to a woman whom he said had fainted, and was very bad—I did so, and on the way he said he had pushed her over or off a form—when I got there I saw the deceased lying on the floor between the form and the table—I could detect no sign of animation about her—I thought she was dead—there was a frothy fluid proceeding from her nose, which was a sign that there was animation, but she never recovered consciousness—I did not then notice the condition of the side of her face—Ihad her removed to a bed-room—I then noticed that the side of her face was slightly discoloured and swollen—on Monday, 18th, by direction of the Coroner, I made a post-mortem examination—I saw post-mortem stains or decolorations on the sides of the trunk and back—they were the result of bruises—on the right forearm I saw a mark, oval in shape, about an inch in diameter, like a bruise, about two inches above the wrist—the left side of the face and neck were discoloured and swollen about two inches in diameter just over the junction of the hairy scalp with the skin of the neck—the skull was fractured—it was a comminuted depressed fracture—thebone was broken into several pieces—the part of the brain which rest on the bone was lacerated, and contained the broken bone forced into it—it would have required very considerable violence to cause that—it was such
a fracture as might be caused by such an instrument as this iron poker—inmy opinion a fall on the bare floor could not have done it.
Cross-examined. If she had been thrown with great force, or if she. had fallen from a considerable height on to a corner of the table or form that might be possible—a fall from a form to the floor would not cause it, that would not account for the peculiar kind of depression—if thrown on to the round edge of a corner of the table, that might possibly cause it—the prisoner and his uncle fetched me and I went with them—if she had been kicked several times with thick boots I should expect to find marts—a good many working-men wear steel-tipped boots—the bruises on the side of the face and the arms might have been caused by a fall if she had struck against a hard object—the prisoner came to see me at midnight and made a statement to me, and I told him to go and report at the station.
Re-examined. The marks were not cogsistenfe with the mans using his whole force with Heavy bootst on—after the inquest I exainined the table and chairs in the room—I found no table or chair likely to produce such an injury as I found at the back of the neck.
SAMUEL DENHAM (Inspector M.) On July 17th, after midnight, the prisoner came to the police-station—he said, "I want to say something. I am living with a woman, I am not married to her, we have had a quarrel, I pushed her over a table and she is dead. Dr. Burt told me to come to you and make a statement"—I told him it might be given in evidence against him—he said, "All right" he then made a further statement, which I took down, and he signed it—this is it.
Cross-examined. He was not exactly in tears, he cried afterwards a good deal—he was very cool and sober, but he was distressed—he had to stop two or three times while he was making his statement—I should say he was generally distressed and upset by what had happened.
ERNEST FREEMAN . (Inspector M.) At 2 p.m. on the morning of July 17th, I charged the prisoner at the station first with manslaughter—he made no reply—I found in his pocket a woman's leather belt—he said, "I took it off her when she was lying down faint"—after some evidence at the Police-court, I formally charged him with murder on July 26th—he made no reply—I have here the bar of iron—it was pointed out to me by Mrs. Bailey about 3 o'clock on the morning of the 17th—I took it from the corner of the fireplace.
Witnesses for the Defence.
JANE PAGE . I am a single woman—I live in the neighbourhood of Red Cross Court—on the evening of this occurrence I saw the prisoner there about a quarter or twenty minutes afterwards—he called the dog, and played with it for about a quarter or twenty minutes, after wards Alice Loft-House came in—she made use of bad language—she said, "You dirty ponce"—hetook no notice—he never answered her, he kept playing with the dog—shekept on with very filthy language, and said she was going to his mother—he said, "If you go, go quietly, and give me the key of my room door"—she never stirred till she took up a gingerbeer battle and threw it at him—I can't say whether it hit him or not; she went to go towards him, and she staggered and fell over the table as she got on the form—she attempted to get on the table and fell—she got on the form and tried to jump on the table, but fell back off the form—I saw her fall, but
I could not say which way she fell—two or three women went to pick her up—she was very drunk—the prisoner was sober—I remained there till the doctor came—the prisoner was very kind to the deceased—he sent for brandy and vinegar, and I was there when he went for the doctor, as he did not come as quickly as he thought he ought, he went himself—he seemed to be in great distress.
Cross-examined. I lived at this lodging-house for three months before this occurrence—I have been in the hospital since—I do not know Keefe—Ido not know the name of Mary Ann Young—I called her Polly—I knew the prisoner was connected with the house—he was called the kitchen man—I was there in the evening occasionally—the prisoner kept the keys—thatwas his business—on this evening I was there when the prisoner came in—there were several others that I knew in the kitchen—Mrs. Young was out—I left the prisoner there—I did not know the prisoner before I went there to live—I had known Lofthouse about three months—Iknew she had been living in the house with the prisoner—on this Saturday night she called him a ponce—I don't know what that means—I know it is a very insulting word to use to a man—upon that he pushed her with his arms, when she threw the bottle at him—she then fell over—Idid not see him strike her—I did not see him take the poker in his hands—he never struck her with it—she never spoke again after she fell—sheonly said, "Patty"—she used to call him "Patty"—I did not go to her assistance—Mary Ann Mahoney did—I did not hear the prisoner say, "What have I done?"—he seemed alarmed—he said, "She is in a faint," and he went for brandy—she drank the brandy—she was standing on the form when he pushed her—as she fell forward she jumped, and threw herself on her head backwards—she bad got on the form and put her foot on the table, and fell on the back of her head—it was not his fault at all—she was on the table when he gave her the push—I did not see Mrs. Bailey there or Ford.
Re-examined. I was there till the doctor came—I can't tell how many people were there at the inquest—I was not called for the prisoners, but by the Coroner's officer.
ALBERT JAMES GOULD . I live in Red Cross Court—I am an upholsterer—Iam. the prisoner's uncle—I remember being in the One Distillery public-house on July 16th between 8 and 9 p.m.—my nephew, the prisoner, came in—Alice Lofthouse entered soon after—she called him a foul name and started nagging him—she asked for a drink, and he told her she could have what she liked—he had a small lemon—he is a teetotaller—he has been in custody since—I believe he paid for her drink—heleft the house first—I went into the kitchen of their house about ten to twenty minutes aftei wards—I saw them jangling, and she was still calling him very nasty names—all I noticed him do was to giye her a push—she fell against a form—with that I went to the One Distillery and had another drink—I stayed there about twenty minutes—when I came back to the kitchen they had her sitting on the form—I was told she was in a faint—the prisoner was sent for—we went for the doctor—other doctors were sent for.
Cross-examined. The prisoner was frightened: "cut up"—we both ran for the doctor—I "call" the city for a living—I had not been out
that day—I was at the kitchen door when I saw him shove her—there was no reason why I did not stop—I did not hear him say "What have I done?"—I did not see a poker used, nor the woman kicked in the face—Isaw no gingerbeer bottle thrown—I followed them into the kitchen.
MARY ANN MAHONEY . I live at 13, Redcross Court—I was at the top of the court when I heard Alice Lofthouse was in a fit—I went and saw Iher sitting on a form—the prisoner came in afterwards—he sent for some brandy—I asked him to; and some vinegar—he appeared very upset—hedid all he could—I asked him, and he fetched Dr. Burt.
GUILTY of Manslaughter. — Fifteen Years' Penal Servitude.
MR. PROBYN Prosecuted.
The JURY being unable to agree, were discharged, and the cote was postponed till the next Sessions.
MR. PURCELL Prosecuted.
HENRY JONES . I am a jeweller, of 145, Dawes Road, Fulhara—I have known the prisoner four or five years—he has worked for me in painting and decorating my shop—recently be has sold articled for me on commission-in July I gave him a scarf-pin, and he had a silver English lever watch from my brother to sell to a gentleman he said he knew in painting and decorating at Wimbledon—he told me he thought he could sell them—about July 13th he brought me this document:—"July 13th, 1898. Pay to Mr. Shelton or order, on demand, £9 5s., payable at London and Westminster Bank, Bays water Branch.—F. LANGHAM," endorsed. John Shelton"—I asked him to endorse it, and gave him the balance, after deducting what was due to me—he wanted me to change it, saying that it was paid by Mr. Langham for work done—I paid him £5 5s., not including the commission, I paid him that apart—I paid the document to the House Property Investment Company in part payment of my rent—it was returned marked "No account"—the next day I showed the prisoner the letter I received with it (dated July 19th from the Howe Investment Company, returning bill and threatening to place the matter in the hands of a solicitor.—he said he was surprised I should have received that letter—thatthe gentleman had made some mistake, he knew there could not be anything wrong, because he had known the gentleman so many years, and had done work for him on various occasions, and he would go over and have it put right—he mentioned Mr. Langham's name, and said he lived at Park Side, near an address I knew—he went, as he Raid, to see the gentleman—he came the next day, and said the gentleman had gone away for a day or two, but he had seen his son, who had told him it was his lather's mistake in drawing the cheque on a different branch of his bank, out his father would make it right as soon as he returned, and mentioning that his father had bought a number of houses or property, and had transferred the account to another branch, and the mistake had occurred in that
way—I saw him repeatedly nearly every day and arranged to go with him to Wimbledon—on Friday, August 12th, he showed me a letter from Mr. Langham—I read it—it was the same writing as the cheque—I have compared the prisoner's writing with it, and believe all the signatures are the same—that day he suggested we should go to Wimbledon—wemet a man whom the prisoner said had worked for him, and tlie prisoner said, "We are just going up to the governor's"—the man told him it was no use going up there, the governor had gone away till the next day—the prisoner then said it was no good going, and appointed the following day, Saturday—I left after I had waited an hour—I returned home—about nine he sent me this note (dated August. 13th, that he had lost the train, but thinking the witness had gone on he followed, and asked for an explanation why the witness was not there.—he called about 9.30, after the note had arrived, and arranged to meet me on the Monday morning about 11, when I was to take watches and jewellery, as he had had a note from Mr. Langham, saying he would take some of them—he said, "Have you got sufficient money in case the gentleman should want change—Istarted from South Fields to Wimbledon with a £5 bank note and jewellery worth £20, a list of which I gave to the police, £6 in gold and 10s. silver—at Wimbledon the prisoner left me in a public-house, and came back—hesaid Mr. Langham had had dinner, or was having dinner, that his son or his daughter had told him they could not see the father till about 5 o'clock—it was then 3.15 or 3.30—I suggested we should wait as we were on the spot—he said we had better go for a walk—we went on to the common and sat down two or three times, smoking—the prisoner did not like the spot, and said, "Let us find a better place"—he left his hat on the seat, and went to look—he came back and said just across the road was very nice scenery—we walked across a gravel road to a place with high ferns and small trees—we sat down and had another smoke—the ferns were 2 or 3 feet high—it was lower than the roadway: Kingston Vale, part of the common I think it is called—we stopf ed there about twenty minutes—I looked at my watch—it was about 4.40—I said, "We had better get back"—the prisoner said, "Don't be in a hurry, wait a few minutes more, we can, catch Mr. Langham any time after five and it will be a goo I afternoon's business for us when we get there, and we can settle everything up"—I got up to go—the prisoner was reclining on the seat—I turned my back two or three paces, was pulling myself together after sitting down, and as I turned I saw the prisoner standing, I heard a report and received a. bullet wound in the head—the bullet went through my right ear—I put up my hand, and the blood spurted over my hand and down my cheek—Isaw him holding a revolver partly dropped—I tried to get away not looking where I was going, being so dazed, and six or seven yards away, I fell—I was scrambling to my feet when a second shon was fired, and I was struck in my right arm—when I got on my feet I saw the prisoner close behind me—I got further away and in about 100 or 150 yard I turned but could not see him—I went into a cottage and remained till a doctor came—I was removed to the Cottage Hospital—this is like the revolver (produced.—I noticed that it was all nickel plated when I was about two yards off—I remained in the Cottage Hospital a week the patch is still on the wound, but I think it is healed, I feel it occasionally.
GEORGE CORBYN (493 V.) I found the prosecutor at a cottage used as a laundry—I took him to the Cottage Hospital—I went afterwards to the common where two men had been sitting—I picked up a hat about two yards from the seat and some matches in front.
JOHN EDWIN BATES . I live at 35, High Street, Wimbledon—I am a Bachelor of Medicine of Cambridge—on Monday, August 15th, about, 6 p.m., Corbyn came to me—I went to the Cottage Laundry—the prosecutor was sitting at the table drinking tea—there was blood on his shirt-collar—Ispoke to him, and in consequence of what he said looked at his head—I saw a wound in the upper part of his right ear, and in front a hole, and in the skull, on a level with it, and opposite, was a contusion, a wound on the skin about the size of a sixpence—the skin was just broken—thebullet had penetrated the skin, come in direct contact with the skull, and fallen off—I dressed the wouinl temporarily—when he got to the hospital I found a very dark spot in the centre, and some amount of bruising round it, the size of half-a-crown—the spot was about as big as a pea—the injury might have been occasioned by a bullet—the prisoner was kept at the Cottage Hospital for a week, and then discharged—there is always danger of erysipelas if such a wound is not treated by a doctor—it erysipelas had set in it might have been fatal.
HENRY GRUBB (Detective Servant, T.) On August 16th I went to 28, Aspenley Road, Fulham—the front door was open—Hurd, who was with me, put his hand on the front door downstairs—through a crack in the door I saw the prisoner standing with a revolver in his hand—I next heard a report—we closed the door and remained outside—I called on the prisoner to surrender, telling him we were police-officers, and had come to arrest him—some little time after he said, "Come in, I won't hurt you"—Hurd then went to the front door of the house—two or three minutes afterwards I heard another shot—Hurd then said, "He has put the revolver on the table"—I called to Hurd to break the window and take it—Hurd broke the window, and took the revolver off the table—theprisoner was standing behind the door as I opened it—he had shot himself in the left temple—I told him I was a police-officer, and should arrest him for shooting Mr. Jones on Wimbledon Common last night—I cautioned him as to what he might say he said, "I know it is done. Poor Jones, how is he? I don't know how it was done, or where it was done. Why was I not arrested at the time. I carried the revolver quite a mile afterwards. I passed three or four people. Do let me finish it now. Let me have the other shot. My poor little children! What will they do? I am ruined!"—I then conveyed him to the Wimbledon Police-station, where he was charged—in reply to the charge he said, "I quite understand"—I returned to the room at No. 28—it was the next house to where he was living—I found a dent in the top panel of the door.
WILLIAM HURD (Detective V.) I accompanied Grall, broke the window, and found this revolver (produced. which was examined at the police station in my presence by Inspector Pugsley—five cartridges were discharged and one undischarged—the five cartridges are produced.
The Prisoner's statement before the Magistrate. "All I can say is that I am not guilty of attempting to murder Mr. Jones. I plead guilty to
attempting self destruction, and I am sorry to say the contents did Dot take the desired effect."
The Prisoner, in kit defence, said that he did not know how it happened, he had no personal ill-feeling towards Mr. Jones, that he could not explain it, and did not suppose anyone else could, and that he intended to kill himself.
— GUILTY **.
He then PLEADED GUILTY to a conviction of felony at Leicester Assizes on June 28th. 1894, in the name of John Dolby.— Penal Servitude for life.
MR. BODKIN Prosecuted. and MESSRS. DRAKE and HARRISON Defended.
GUILTY of concealing the birth. — Six Months' Hard Labour.
Before Mr. Recorder.
MR. OLIVER Prosecuted. and MR. HUTTON Defended.
THE RECORDER considered that there was no evidence of violence, and the Prisoner stating that he was. GUILTY of simple robbery, the JURY found that verdict. Judgment Respited.
MR. LYNE Prosecuted.
CHARLES GARNER (Detective, P.) On August 29th I found the prisoner in Camberwell police-station, having given himself up for breaking into St. Luke's Church on October 11th—he made a statement, and it was read over to him—he said, "Yes, it is quite right, I have bad no rest since I did the job." Statement read. "About 1 a.m. in the early part of this year, I cannot remember the date or month, I broke into St. Luke's Church, breaking the window. I broke open about six of the boxes, and stole about 10s. I have had the matter on my mind ever since. I know it is sacrilege, and shall have to suffer for it"—the entry was effected in October last, and in the way the prisoner stated—about six boxes were broken open, the number which he states.
JOHN WILLIAM DALY . I am the verged of St. Luke's Church, Rosemary Road, Peckham—on October 11th last I looked over the church about eight o'clock—at seven o'clock next morning I went into the church and found it had been broken into—entrance had been made through a window.
Prisoner's statement before the Magistrate. "It was not possible I was there; I had been drinking."
CHARLES GARNER (Re-examined.) He was perfectly sober at the station—hesaid he had had nothing to eat or drink for twenty-four hours—hewas given some food at the police-station—I did not know that the prisoner was lame.
In his defence the Prisoner said that he gave himself up for a crime he had never committed. He could not work, his hip being contracted. People would give him drink instead of food, and whilst under the influence of drink he made this confession.
NOT GUILTY .
Before Mr. Common Serjeant.
JOHN MILLS . I am employed at the London and South-Western Works, Nine Elms—the prisoner is a brass-finisher at the same place—we have worked at the same bench two years and two months—on August 18th we started work at 6 a.m., and in about half-an-hour I bad to go to Another part of the shop to get some tools, and the prisoner struck me—I know nothing more—there had been no previous disagreement with him—I was tabm to St. Thomas's Hospital and was an out-patient for three weeks.
Cross-examined by the Prisoner. We did not get on very well together and I had nothing to do with you.
ROBERT PORTEOUS . I am foreman at the brass-finishers' shop at Nine Elms—these two men work at the same bench—on August 18th, about 6.10, I saw the prisoner make a rush against Milk, give him a push and strike him with a hammer (A very heavy one., and he fell insensible—the prisoner knelt on him—I pulled him off and sent for a constable.
WILLIAM GOODISON . I am employed in the brass-finishers' shop—about 6.10 on that morning I saw the prisoner, who had a job in the vice, and a hammer in his hand, and as Mills passed him he gave him a blow on the neck with the hammer—he fell and the prisoner got on him.
Cross-examined. I work at the other end of the shop, with my back to you, but I was not working at the time.
HERBERT JAMES MARRIAGE . I am house-surgeon at St. Thomas's Hospital—on August 18th, about 7 a.m., I saw Mills—he had an incised wound on the left ride of his forehead and another at the back of the right ear, and a graze on the left side of his neck—they were small wounds; he is quite well now—they were inflicted by some blunt instrument—this hammer would cause them, but they must have been very violent blows.
JOSEPH WHITE (Inspector L.& S.W.R.) On August 18th, about 7 a.m., I was called and found the prisoner detained at the police-station—I told him he would be charged—he made no reply—I handed him over to the Metropolitan Police.
JOHN ADAMS (129 W.) On August 18th, in the morning, I was on duty at the station, and was called to take the prisoner into custody—I asked him why he did it—he said he was very sorry, and made a statement.
The prisoner's statment before the Magistrate. "I could not have been quite the thing at the time, or I should not have struck him like that. I have so many fancies in my head at times."
Prisoner's defence. I am very sorry. I thought of doing the thing at the time, and I did it I could not have been in my right senses at the time or I should not have, done it.
GUILTY of unlawfully wounding —His brother stated that his manner was strange at times and that he imagined that there were electrical batteries under his bed— Judgment respited.
MR. BROMBY Prosecuted and MR. PURCELL Defended.
WILLIAM FARRINGTON . I am head waiter at the Pavilion, Kennington Oval—on August 11th, about 10.30 p.m., I was in a public-house in Waterloo Road and saw the prisoner there—I did not know him before—he asked me to have a drink out of his pot, but I had already got some and I said no, but I did ultimately drink out of his pot—when I got outside he struck me on my mouth and knocked me down and kicked my head—I caught hold of his leg and struggled with him till a constable came—there were other men with him, but they did not strike me, I do not know whether they kicked me, but he did whilst I was on the ground, and one man held my legs up while another rifled my pockets of 28s.—nothingwas left in my pockets—I continued to hold him by the leg till a constable came—my younger brother came up and they took his watch as well.
Cross-examined. I went into the Hero public-house—there were twelve or fourteen men there—I do not know whether the prisoner was there when I went in—I did not know him—we did not have a fight three years ago, but he said in the public-house, "I know you, I have known you for years' and reminded me of an occasion when we had a fight and I got my face cut—I did have a fight three years ago, and my face was cut, but I do not know whether the prisoner is the man—I did not remind him of it—I had some drink at the Hero—I came from the house where I am living, three miles off—I did not walk, I rode on the tram because I went with my brother—I was perfectly sober, I only had one glass of ale in the Hero, and a drop out of the pot—I did not go back to the public-house after this assault and robbery and see a man named Feltham—I did not want to fight him—the conversation did not commence in this way, "I don't forget you for cutting my face open three years ago, come outside and I will show you"—when I got outside the bar I received a punch on the side of the head, and then he knocked me down—I went back into the bar—I did. not say, "They have taken Checkley"—Feltham did not say, "You are just as bad as he is"—if a man said that I do not think I could forget it—I was excited—Idid not say in reply, "I will make it hot for him"—I made a charge of I eing robbed when a policeman came up, and gave him in charge, and said that I had lost some money—I do not know whether I said anything before the inspector about having lost any money, I was so knocked about that I did not know what I said—I mentioned losing the money to the policeman before I went before the Magistrate—I do not know whether I said it to the inspector who took the charge.
Re-examined. I do not know Feltbam—I lost my hat when I fell, and I went back to the public-house to see if it was there, and there were a lot of men there, who said I was justified in locking the prisoner up.
By the. COURT. I lost my money the second time the prisoner knocked me down, and it was then that the other men came up, and the prisoner kicked me on my head—I felt a hand in my pockets and caught hold of the hand, and the money fell to the ground—I found my pockets emptied—I had about 33s. in silver when I left home, and I paid my brother 5s.
—the prisoner was apparently in the company of the other men—they all came out, but I could not identify them—some man held up my leg—some coppers were afterwards picked up and returned to me, but the rest of the money was gone—I could not identify the man. who held my leg up—the other men were in the public-house with the prisoner to the best of my belief.
FREDERICK HABTICK (45 L.) On August 11th, about 11 p.m., I was on duty in Waterloo Road, and saw the prosecutor bleeding from his nose and a bump on his head—he charged the prisoner with kicking him on his head, and knocking him about the face—the prisoner said, "I am sure you won't prosecutei me"—he was standing outside the Hero public-house—hehad hold of the prosecutor, who was walking away—I took him in custody,'and told him he was charged with assaulting the prosecutor—hedid not speak about the robbery till next day before the Magistrate—the inspector who took the charge is not here—the prosecutor seemed dazed, but not as if he had been having a little drop too much—the prisoner was searched at the station—no money was found on him—he said the prosecutor was a mate of his.
Cross-examined. There was a crowd between them, I made my way through it, and saw the prosecutor bleeding—the prisoner then said, "He is a mate of mine, and we have been drinking together in the public-house, and I know he won't charge me when we get to the station"—the prosecutor spoke of the prisoner as Thomas Checkley—the prisoner was brought up next morning for assaulting the prosecutor, who then said that one man held his leg while the other emptied his pockets—up to that time I did not hear a word about robbery—Mr. Fenwick was the Magistrate.
THE COMMOM SERJEANT ordered the inspector to attend on the following day.
—(Police Inspector.) I saw the prosecutor when the prisoner was brought to the station—he had been drinking heavily all day, but was sober—he knew what he was doing—he said he had been out for a holiday that day and treated the prisoner to several drinks—the charge was striking the prosecutor in the face with his fist and kicking him on the head—nothing was said about his having been robbed—the prisoner was remanded for inquiries after taking formal evidence—he was kept in prison—my duty ends with taking the charge—what took place before the Magistrate I have no knowledge of—the prosecutor had a slight wound on the head.
Cross-examined. He told me he was head waiter at the Oval—he did not say anything about others being concerned in the assault on him—he said he had beon drinking with the prisoner and others.
F. HARTICK (re-examined.) I attended before the Magistrate, Mr. Fenwick, on the following morning, when the prisoner was charged with assault—the prosecutor then said that he had been robbed of 28s.—he had not told me so before he went into court—the case was remanded.
NOT GUILTY .
Before Mr. Recorder.
MR. HUTTON Prosecuted.
NOT GUILTY .
649. CHARLES HARRIS PLEADED GUILTY to Stealing a bicycle, the property of George Baker, Limited, and to receiving two bicycles, knowing them to have been stolen. Several convictions were proved against him.— Three Years' Penal Servitude. And
GUILTY of an indecent assault. — Judgment respited.
ADJOURNED TO MONDAY OCTOBER 24TH 1898.