CENTRAL CRIMINAL COURT
FOURTH SESSION, HELD FEBRUARY 6TH, 1899.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ., Q.C.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, February 6th, 1899, and following days,
Before SIR HORATIO DAVIES , KC.M.G., M.P., on behalf of the LORD MAYOR (absent through illness); the Hon. Sir GAINSFORD BRUCE, Knt., one of the Justices of the High Court; Sir REGINALD HANSON , Bart., M.P., Sir HENRY KNIGHT , Knt., and Sir JOSEPH RENALS , Bart., Aldermen of the said City; the Right Hon. Sir CHARLES HALL , Q.C., K.C.M.G., M.P., Recorder of the said City; Sir JOSEPH COCKFIELD DIMSDALE, Knt., FRANK GREEN , Esq., Sir JAMES THOMSON RITCHIE , Knt., JOHN POUND , Esq., MARCUS SAMUEL , Esq., WILLIAM PURDIE TRELOAR, Esq., THOMAS VESEY STRONG , Esq., HENRY GEORGE SMALLMAN , Esq., and THOMAS BOON CROSBY, Esq., other of the Aldermen of the said City; and Sir FORREST FULTON, Knt., Q.C., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
CLARENCE RICHARD HALSE. Esq.
CENTRAL CRIMINAL COURT.
MOORE, MAYOR. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are knowm to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 6th, 1899.
Before Mr. Recorded.
NOT GUILTY .
154. WALTER JOHN WHITE (27) PLEADED GUILTY to em-bezzling £5 and £12, the property of the Postmaster-General, he being employed under the Post Office, having been convicted of felony on November Ist, 1890.— Three Years' Penal Servitude.
155. HARRY WALTON (35) , to stealing a poet letter and the contents, the property of the Postmaster-General, while employed in the Post Office.— [Pleaded guilty. See original trial image.] Eighteen Months' Hard Labour ,
156. WALTER RUSSELL HOLLOWAY (28) , to stealing a post letter and the contents, the property of the Postmaster-General, he being employed under the Post Office.— [Pleaded guilty. See original trial image.] Eighteen Months' Hard Labour. And
157. WILLIAM CHARLES PRESCOTT (29) , Stealing post letters and sixty penny stamps, the property of the Post-master General, he being employed under the Post Office.— [Pleaded guilty. See original trial image.] Judgment Respited.
MR. SOPER Prosecuted, and MR. BURNIE defended Conolly.
MICHAEL SHEA . I am a fitter's labourer, of 28, Halferman Crescent—on December 25th I was out with my wife—I saw some men knocking an old man about, and I said, "You don't want to kick the old gentleman; why don't you let him go?"—Then Johnson struck me, and some of the others knocked me down—Johnson kicked me—before I met these people I had 7s. 7d.—when they knocked me down one held my hands, and Conolly took the money out of my pocket—I got up and they ran away—I saw them again; about 12 of them came to the Wingfield Arms—I was laid up from their violence.
Cross-examined by Johnson. Conolly was searching me while you were kicking me—there was no policeman there; one came after it was all
over—I was not fighting with a lad in the road—I did not know Conolly before—I did not say that if you gave me 5s. 6d. I would let the charge drop—I did not interfere with anybody—I did not challenge anybody to fight—when I was on the ground my wife did not hit a lad who was fighting with a bottle—she only had a baby in her arms; she did not hold the baby to get punched.
Cross-examined by MR. BURNIE. There were about twenty men there—five or six others attacked me when Johnson struck me; I was knocked on the ground, and my money was taken from me; then I saw Conolly, not till then—when I was on the ground my wife was close to me; she could see what was going on; they struck her as well—they kept me down—one held my hands, and Conolly took the money from me.
JANE SHEA . I am the wife of the last witness—on December 25th I was outside the Wingfield with my husband—there were a lot of men fighting about an old man—my husband said he would be ashamed to knock an old man about—Johnson knocked my husband down then—Conolly was with him—when my husband left home he had 8s. on him—he had paid for two or three drinks.
Cross-examined by Johnson, The policeman did not take hold of my husband—he did not have two or three fights that afternoon; he had been at home with me all the morning—he had not been to the Wing-field Arms at one o'clock—we were not drunk—my husband did not interfere with two lads, or knock anybody down—he did not have a fight—I did not try to hit a lad on the head with a bottle—the lad did not strike me.
Cross-examined by MR. BUBNIE. I saw Conolly there—I did not notice if he had anything in his hand—I saw the men knock my husband down and hold him down.
ALFRED GABPENTER (411 G). At 7.30 on Christmas evening the prosecutor made a communication to me—I went into the Lamb's Conduit public-house—the prosecutor pointed the prisoners out to me, and charged them with stealing his money—I took them into custody-Johnson said, "I do not mind being charged with the assault, but I do not like being charged with stealing the prosecutor's money"—he said to the prosecutor, "I will do for you when I get over this"—he had some money on him—the prosecutor was perfectly sober.
Cross-examined by Johnson. I wrote down what you said in my book—I did not take hold of Shea—he was inside the public-house, out he came in with me, and he complained to me and another policeman.
W. SPARBULL (392 G). I was with the last witness—I took Conolly—he made no statement—I took him to the station—in reply to the charge he said, "I was there and saw it done, but I did not do anything"—I saw the prosecutor and his wife there; they were perfectly sober.
Witnesses for the Defence.
said sometihmg, which made them start fighting—somebody said, "it is nothing to do with you," and Shea knocked him down—they had a fair fight—they were both on the ground, and Shea had a bottle and hit the boy on the head—a policeman came up, and was going to take Shea into custody, but his wife said she would take him away—he went away, and returned with four or five men to fight—Shea picked out a little lame fellow—I said to Shea, "Leave him alone he cannot help himself—Shea said, "What is the matter with you?" and hit me; I hit him back—they went away—we went into another public-house, and Shea came in and said, "I am going to charge you, but if you give me 5s. 6d. I will let it drop"—Conolly said, "I have not got a halfpenny in my pocket"—the policeman came over and said, "Are these them?"—Shea said, "Yes," and we were taken to the station—I never kicked him.
Cross-examined. My attention was first called to the prosecutor when he was fighting; he was not sober—the policeman was going to take the prosecutor into custody, but his wife said, "Give him a chance," and he said, "All right, take him away," and they got him away—I have not always been known as Johnson; I was called John Buley at one time—I was convicted under that name on January 18th last year, that was for being concerned with others in breaking into a house—there were previous convictions against me then—I got twelve months then—in 1892 I got twelve months for stealing from the person in the name of John Ruley—in October, 1892, I had two months for stealing—in February, 1893, I was sent to a reformatory for ten days—since the last sentence of twelve months I have had three months for being in possession of housebreaking instruments in the name of John Ruley.
STEPHEN CONOLLY (Cross-examined by Johnson). I am Conolly's brother—I saw the beginning, but not the end of this row—I did not see anybody strike an old gentleman—I saw a lad strike Mrs. Shea, and I walked up and took a part for hitting a woman—I did not see you kick Shea—I did not see five or six setting on Shea—a policeman sent Shea and his wife away; this was about 3.25—Shea said he was going to find some of his pals to come back and pay those who struck him—I did not see him come back; I was not there—I did not see you and Johnson have a fight—when Shea came out of the public-house he was drunk, and said he would hit the first one who came round; and Shea struck me two blows in the face for defending ills wife—I do not know if Mrs. Shea was drunk.
Cross-examined. Shea said there was a drunken row—two young men were fighting, and Shea said, "Let them have fair play;" and then another lad struck him on the face and knocked him on the back of his head—I do not know who he was—when the row started there were about thirty people there—nobody robbed Shea, if they had I must have Men it—I am an improver in the plaster trade; I live with my brother—when Shea was on the ground my brother was standing on the kerb outside the public-house—he was not near Shea; he was about twenty yards away.
She say he would fight everybody one at a time—I did not know that my brother was there then—Shea was not sober—a constable came up and told him to go away—it was not Carpenter or Sparrull—I saw Shea go home and Conolly went into Rodney Street—he was sober—Shea never complained of any robbery—I went into my house again, and about 3.15 I heard a police whistle, and went out and saw a crowd of youths holding the prisoners, whom Mr. Shea was answering in regard to this fight—I said, "It is neither of these men"—there was a crowd there.
RICHARD CONOLLY (The prisoner). I was in the Wingfield Arms on this day—when I came out I had a gallon jar full of ale—I did not see Shea knocked down—I took no part in attacking Shea—I did not take any money from his pocket—I was three or four yards from the fight—I was on the kerb—I saw all the best part of the fight.
Cross-examined. Shea was drunk—the policeman told him and Mrs. Shea to go away—Mrs. Shea was not drunk.
By the COURT. I was taken to the station—I did not sign anything—T do not know if I said, "I was there and see it done"—I did not see Shea on the ground—I did not see any robbery done.
Johnson's Defence: "I am innocent. I only struck him in selfdefence."
CONOLLY— NOT GUILTY . JOHNSON— GUILTY .—He then Pleaded Guilty to a conviction of felony at Clerkenwell on January 19th, 1897, and four other convictions were proved against him.— Eighteen Months' Hard Labour and twentyfive strokes with the cat.
NEW COURT.—Monday, February 6th, 1899.
Before Mr. Common Serjeant.
MR. PABTRIDGE Prosecuted.
HENRY JEFFREYS . I am a greengrocer, of 1, Upper Ashby Street, Goswell Road—on January 20th, about 8 p.m., the prisoner came in for two oranges, and gave me a bad half-crown—I broke it in half, and asked her where she got it—she said she had just been paid for work—I gave it to Maunder, my assistant, who went out of the shop.
ALFRED MAUNDER . I am assistant to Mr. Jeffreys—on January 20th I saw him break this coin—he handed the pieces to me to look at, and the prisoner took them from me rather sharp, and left—I followed her—she joined a woman who was waiting for her—they walked together, and then parted, and the prisoner went, into Mrs. Ireland's shop—when she came out I went in, and Mrs. Ireland produced her purse and showed me a half-crown—I then followed the prisoner, and kept her in sight a quarter of an hour—a constable came up, and I went up to the prisoner and told her I wanted her, and gave her in charge for passing bad money—he kept her there while I fetched the half-crown, and then took her to the station.
MARGARET IRELAND . I keep a general shop at Worston Street, Goswell Road—on January 20th the prisoner came in for 1d. worth of acid tablets—I said, "I do not keep them"—she bought a tin of condensed milk, price
2d., and gave me a half-crown; I put it in my purse and gave her the change and she left—Maunder came in and I spoke to him—my shop is about 200 yards from Mr. Jeffreys.
ROBERT ALLEN (216 G). On January 20th I was called and saw Maunder detaining the prisoner; he went away to get the money, and retained with a half-crown—she was charged at the station with uttering counterfeit coin—she said, "All right," and that she had no address and slept last night on a door stop—I received a purse containing a florin and four penny pieces.
ELIZABETH ROSE . I searched the prisoner at the station—she said, "It is my first offence. I gave two half-crowns, and the change for one is in my parse," and that she dept with a man the night before, and no doubt got the coins from him"—I found no broken pieces.
Prisoner's defence, I did not know they were bad.
GUILTY .— Three Months Hard Labour.
MR. WILKINSON Prosecuted.
JOSEPH LAMBERT . I am a tobacconist, of 41, Cranbourne Street, Hayfmarket—on December 24th, about 10.45., the prisoner came in for a couple of cigars and gave me Is.; I gave him 10d. change and pat it in the tester; it bent, and I said, "This is a bad coin;" he said, "Oh, I have taken it at the "Old King's flead." I said, "Well, it is bad"—he looked at it and gave it back to me—I broke it and gave him the pieces—he had not asked me for them—he gave me a good 6d. and I gave him 4d. change and got my 10d. back—he left, and Mr. Stone followed him out; a constable brought him back and asked me if I would charge him; I said, "No, because any man may have bad coin; but if you find any more I will charge him"—they searched him and found 2s., which I bent and foand them bad, and charged him—these are the two pieces.
JACK STONE . I was in this shop on the night of January 24th, and heard what was said and saw what took place—I followed him out; he walked pretty fast and went into a urinal aboat three minutes' walk from the shop—I saw a constable and gave him in charge—he was brought back to the shop, and I saw some coppers and two more bad shillings found on him.
JAMES SILVEY (Policeman, 343). On the night of January 24th I arrested the prisoner in a urinal, at Stone's request; I took him back to the shop, and found two bad shillings, a good sixpence, and eighteen pawn tickets—he said nothing—he made no reply to the charge at the station, and refused his address—I went back to the urinal, and found in the trough these two pieces of broken shilling.
The prisoner, in his defence, stated that he took the coins in selling flowers.
GUILTY .— Six Months' Hard Labour.
GEORGE ROLFE (301 X). On January 13th, about 2.30, I was in the high road at Hayes, and heard a noise in the White Hart public-house—I kept observation till 3.50, when the two prisoners came oyer the wall into the wain road—I called to Constable Brown to stop them, and saw Hicks put up his hand to throw something over the wall of Weston Lodge—I told them I should take them in custody for coming over tht wall of the White Hart—Brown said, "No, we have come from Uxbridge—I took them to the station, and found on Brown three sixpences, a piece of candle, and a box of matches, and on Hicks 9 1/2 d, in bronze, a box of matches, and a horseshoe nail—they were going in the direction of London—they had got 180 yards when they were stopped—the wall leads into the stable yard.
Cross-examined by Hicks. I was concealed thirty-five yards from you.
Cross-examined by Brown. Brown had hardly stopped before I was upon you—I saw him go along the middle of the road when I was concealed.
SAMUEL BROWN (224 K). On January 13th, about 2.50 a.m., I was in the high road, Hayes, about 150 yards from the White Hart, and heard the two prisoners walking at about six miles an hour—it was between a ran and a walk—Roberts called to me, and I stopped the prisoners—Roberts came up and asked them where they came from—they said from Uxbridge—he said "You came over the White Hart wall, I shall take you to the station"—they said, "You have made a mistake."
Cross-examined by Hicks. My light was turned off, but when Brown called me I turned it on—I had gone by four or five minutes before—I heard you coming about a minute and a-half before.
Cross-examined by Brown. I could not see the White Hart, I was 150 yards from it—I could see about fifty yards down the road, but not to see a man—I did not see either of you wave your bands—I stopped you a minute or a minute and a half after I first heard you coming—you were about five yards from me when I turned my light on—it is a general rule to do so on a country road in the dark.
WILLIAM TAYLOR (Police-Sergeant 29 X). I was on duty at Hayes Station when the prisoners were brought in—Rolfe said that he brought them in for coming over the wall of the White Hart—they both said that he had made a mistake, that they had come from Uxbridge—he asked them what time they left Uxbridge—they said that they did not know—I went to the White Hart—the bar parlour sash window had been opened by some blunt instrument, and they had got in and forced the door leading into the bar, where I found the till on the floor, and a halfpenny in it—I went to Weston Lodge, and found these pliers about five yards from the road—they exactly fit the marks on the window—I got the prisoners' names and addresses, but nothing was known about them at either place.
Cross-examined by Hicks. I found the pliers about 7 a.m.—I saw some paint on them before I tried them—I found this wedge (Produced) just below the window.
Cross-examined by Brown. It was possible for the pliers to have been thrown there after you were arrested—the silver was 6d. short of what the landlord said he had lost.
JOHN HEATH . I am proprietor of the White Hart, Hayes—on February 12th I went to bed about 11.30, having fastened all the doors and windows—I left in the till five sixpences and about 2s. 6d. in bronze and £1 worth of silver on the shelf in half-crowns and silver, and some bronze and sixpences; there was two 10s. worths of silver—the prisoners came in that night abort 10.30, and left at 11—I was roused about 3 a.m. by Rolfe—I went down and found the window open leading into the back yard, and the glass removed—that window was locked when I went to bed—I went into the bar and found the till on the floor, and the box of the lock had been forced open—Taylor came next day with a pair of pliers with paint then on them—I tried them on the windowsill and they fitted—I also missed three half-pounds of "Old Brigade" tobacco like this—I found these papers outside the window.
Cross-examined by Brown. The money found on you was within a halfpenny of what I lost, 22s. 6d.—the window cannot be seen from the road unless the gates are open—they were locked, but they had been open that day.
Witnesses for the Defence.
JOSEPH HICKS (The prisoner). I live at 23, Bloxham Road, Hanwell—on the afternoon of the 12th I met the other prisoner—we went and had a drink—I told him I had heard of some work, and we went on together—he pulled out a half-sovereign and said, "I will change this in case I lose it"—we went to a public-house and had two or three glasses, and went to the Crown public-house about 10 o'clock, and then to the White Hart, and got into conversation with two other men—we came oat about 11 o'clock, and I said, "It is not much use going further, it is so cold"—we turned back, and Constable Brown stopped us, and asked where we had come from—I said, "From Uxbridge"—he said, "I think you came over the White Hart wall."
Cross-examined. I gave a false address because I was afraid of my friends knowing that I was looked up—if we had walked back to Uxbridge we should have to pass the White Hart—we did not see Rolfe—we went about five miles past the White Horse—I don't know how far Uxbridge is from the White Hart—it was easy for me to say that we came from Ux bridge, but I do not know where it is—my name is Tew, not Hicks, but I gave that name because I did not want my friends to know.
JAMES BROWN (The prisoner). I live at Ivy Bank, Bishops Road, Hanwell—about 6 o'clock I saw the other prisoner, and said, "Where have you been all day?"—he told me and said, "There is no luck, come and have a drink"—I went with him and said, "How much have you got?"—he said, "25 bob "—I said, "I have only 5s.," but I picked up a half-sovereign—we went and had some drink; we had a glass of ale at the Crown, and then went to the White Hart, and about 10.30 we were talking to some country fellows, and left about 11 and walked four or five miles—I got tired; we could not see any place to lie down, and turned back, and as we got near the White Hart tho constable called out,
Stop them"—he said, u Where have you come from?"—I said, "Uxbridge way," I did not say "Uxbridge."
Cross-examined. I gave a false address because my people are very respectable, and I did not want them to know—I had about 25s. on me when I met Hicks—we had drink, which I paid for—I then went to Han well, but we went home first; and then went and had a couple of glasses of mild and bitter, that was 3d. for two—we paid for one each, and then went to Southwell and had some bread and cheese, which came to 5d., and I paid with a two-shilling piece—we went from Southwell to Hayes—I think I paid 3d. at the Crown because I had the most of the money—I spent 3d. at the White Hart—if I had known I was going to be charged I would have taken down the names of the houses I stopped at.
By the JURY. I found the piece of candle in a w.c.—I do not work at the White Hart, but I thought there was a chance of getting work in the morning—I got the money by selling a bicycle.
MRS. O'BRIEN. I am Brown's mother—his name is John O'Brien—he left home about 7.30; he had a handful of money—he had borrowed a few pence from me the day before, and said, "Here is what I borrowed of you," and I saw more money in his hand—he did not say where he got it, and I did not ask him—he had pawned a bicycle some weeks before, and after that he borrowed some money of me.
Cross-examined. He has not been doing any regular work lately—he did not say where he was going that night—no one was with him in my house.
Brown's Defence. The window must have been broken by some local person who knew how to get in—it is quite possible we passed the police-men without knowing it, because it was a rough and stormy night; he was concealed, so he could not see where we came from.
GUILTY . They then Pleaded Guilty to previous convictions; Hicks at Westminster, on April 11th, 1891, and Brown, at Brentford, on November 14th, 1892. Three other convictions were proved against Hicks.—HICKS— Three Years' Penal Servitude . BROWN— Eighteen Months' Hard Labour.
162. HORACE SMITH (46) , to unlawfully uttering two requests for the delivery of papers of admission to Gatwick Races. Five other convictions were proved against him.— [Pleaded guilty. See original trial image.] Nine Months' Hard Labour; having 70 days of his last sentence to serve. And
163. ALICE CROCKETT , to feloniously marrying Gordon Bowman, her husband being alive; and GORDON BOWMAN , to feloniously aiding and abetting her in committing the same offence.— [Pleaded guilty. See original trial image.] One Day's Imprisonment each.
OLD COURT.—Tuesday, February 7th, 1899.
Before Mr. Justice Bruce.
164. In the case of GEORGE WILLIAM AUSTIN , indicted for the wilful murder of George Gerard Austin , upon the evidence of Dr. James Scott, Surgeon to Her Majesty's Prison, at Holloway, the JURY found the prisoner to be of unsound mind, and not in a fit state to plead. Ordered to be detained during Her Majesty's pleasure.
MR. BURNIE Prosecuted.
WILLIAM CHAPMAN . I live at 13, High Street, Wood Green—I am manager to Messrs. Rambert and Co., corn merchants—adjacent to my house there was a shed, the property of my employer; it contained hay, straw and clover—on the afternoon of January 18th between two or three I saw prisoner in the shed—I asked her what she was doing there—she said she had come there to sleep—I told her to go out, and if she did not I should have to fetch a policeman—she said, "Don't be cross;" that was all—next morning about 8, I was in my back kitchen, and I noticed smoke passing the window—I opened the back door, and saw it was a fire on the premises—I went through the shop and went for the Fire Brigade, and the fire was put out—injury was done to about £100—about nine in the evening the prisoner was pointed out to me just opposite where the fire had been—I went over to her and asked her if she had set the shed on fire—she said she had done one fire, and there would soon be another—she appeared to be sober.
ALBERT RIGGS (193 Y). I am stationed at Wood Green—on January 19th, about 9.15 a.m., I was called to where the last witness was detaining the prisoner—he said that she had wilfully set fire to his shed—I asked her if she heard what he said—she said "Yes"—I told her I should take her into custody—she made no reply—I did not notice that she had had any drink, or that she smelt of drink; she seemed sober enough—at the station she was charged in the usual way—she made no reply—I told her the charge would be written down—she said, "I did do it, and I mean to do something worse before the day is out"—I searched her, and found on her this box of matches—it contained about a dozen—I found no money.
EDWARD HILL . I am subengineer of the Fire Brigade at Wood Green—on January 19th, at two minutes past eight, I received a call, and found this wooden shed well alight; a lot of flames were coming from the roof; I eventually extinguished them—I have had two years' experience of fires—the place had been alight about ten minutes—hay and straw soon get alight—the shed was tarred all over—it had a flat roof—it could have been set fire to by anyone throwing in a light in passing the door—the door was in two parts, and was partially open.
The Prisoner before the Magistrate, and in her defence, said; "I am very sorry."
GUILTY .—She then Pleaded Guilty to a conviction of larceny on April 27th, 1879, and other convictions were proved, on one occasion she was sentenced to five years' penal servitude, and many convictions for drunkenness .—Three Years' Penal Servitude.
For other cases tried this day see Surrey cases
NEW COURT.—Tuesday, February 7th, 1899.
Before Mr. Recorder.
MR. BURNIE defended both Prisoners.
ARTHUR MAY . I am carman io Arthur Cook and Co., of London Lane—on December 14th, about 11.30, I was in the lane with a barrow containing shirting value about £15, and Poole, who was a stranger to me, came out of a house and said, "Will you oblige me by taking a telegram? here is 6d. for it, and 6d. for yourself"—before I got to the telegraph office I turned round, and saw Poole walking across the road—I went to the telegraph office and ran back, and my barrow was gone—I saw Poole walking away very calmly; and Thompson, who has been convicted, was pulling the barrow, and Wakeman was at the side of it, making as much haste as they could—Thompson came at me, and I fell backwards—they ran away—I ran after them, and arrested Thompson—on January 20th I was in a van in Hackney Road, and saw the two prisoners—I followed them in the van for three-quarters of an hour, and saw them stop several barrows—the last was a foreigner, and Poole went up a court and down some steps, and took off his hat and spoke to a foreigner—Wakeman was waiting round a corner for the barrow—I called a policeman—he took Wakeman—Poole ran away and threw down some telegraph forms—he was taken.
Cross-examined. I was not certain at first that Wakeman was the man I saw on December 14th; he had a brown suit on and was altered very much—I had never seen him before December 14th.
GEORGE LINDSEY (456 J). On January 20th I was in Three Colt Lane and saw Poole running; he threw away these papers (Telegram forms) and this farthing in this envelope—I caught him; he said, "You b——, I will rip you up."
FREDERICK ROLFE (591 J). On January 20th I was outside Cambridge Heath Station at 11.45, and from what I heard I went through Bethnal Green Road and saw Arthur May driving very furiously—I got into a van with another officer and drove to Cambridge Heath and saw the prisoners—I jumped out of the van and took Wakeman—he said, "You have made a mistake; I was not with that man"—Poole got away.
Cross-examined. May hesitated at first at the station about Wakeman,. but ten minutes afterwards he said that he was the man.
ARTHUR LONG (Detective J). On January 20th I was at Bethnal Green Police-station, ana told the prisoners the charge—Wakeman said "No one has identified me yet"—I said, "Yes, they have; the boy identifies you"—when he was charged he said, "I am as innocent as you are."
Evidence for the Defence.
JOHN WAKEMAN (The prisoner). On December 14th, about 11.10 a.m., I met my friend Mr. Turner in Whitechapel Road—we had several drinks, and opposite Whitechapel Church he showed me a receipt, dated the 13th, for a suit for which he had been measured—I stopped with him three-quarters of an hour—he left me, saying that he had to go to
work—it is not true that I was seen with this barrow that morning at 11.25—the policeman has told a lie, but I was with Poole in Hackney Road that day.
Cross-examined. I am Poole's brother-in-law—I met him at the corner of Hackney Road, and saw him stop and talk to a costermonger—I did not see him with a barrow, or talking to Arthur May—I deny absolutely being anywhere near Hackney Road on the morning of the 14th—I have only one suit of clothes—I wore that all the time, and have it on now—the 14th was on a Wednesday—I was arrested fire weeks afterwards—I wore this suit all the time between—I asked the detective on what day of the week the 14th was, and he said he could not tell me.
By the COURT. The police told one lie; I said, "What is it for?"—he said, "You will see what it is for when I get the other one"—I say that it is perjury for him to say that I said, "I am as innocent as you are; I was not with him"—I had not been told what the charge was then—I did not say, "Tou have made a mistake; I was not with him"—I said that I was not with May; I thought May was an accused person—Turner was the friend who spoke to me about the suit of clothes—the friend whose name I could not remember a minute ago is my own brother-in-law.
THOMAS TURNER . I am a gas-fitter, of 18, George Street, London Fields, and am Wakeman's brother-in-law—on Wednesday, December 14th, about 11.10, I met him opposite Whitechapel Church, and we went into a public-house; I left him at 11 50, and said, "I must be getting to work"—I got a receipt from Spirling for the 3s. I had paid him the day before, and he took it back when I paid the last instalment, and gave me the other.
Cross-examined. I did not advise the prisoner to go to that particular tailor, but he went there—I know May; he used to wear another suit on Sundays—he went away at the same time as me—there is a clock there.
By the COURT. I was first asked whether I could remember this before the Magistrate—I never went out on Monday, Wednesday, Friday, or Saturday—I had three drinks of ale that evening.
WAKEMAN— GUILTY . Both prisoners were charged with previous convictions at Clerkenwell, Poole on March 2nd, 1897, as James King, and Wakeman on November 16th, 1896. Six convictions were proved against Poole, and four against Wakeman. POOLE— Five Years' Penal Servitude. WAKEMAN— Eighteen Months' Hard Labour.
MR. P. A. SMITH Prosecuted, and MB. GEOGEGAN Defended.
JOHN TRIBBLE . I am general foreman to Arthur Hickman, who trades as Munday and Son, Catherine House, Star Lane—he had been having brioks in every day except Friday—Payne was employed removing them from West Kensington Station to Fulham Road—a cart holds about 340, value about 26s.
me, and I asked him if he had finished his truck; he said, "Yes, and four loads"—I suspected him and watched him, and saw him load another load; I spoke to Robertson, a policeman, and we followed him to Gunners bury, and into a field where building operations were going on by Mr. Carr—he began unloading them, and I asked him why he brought the bricks there; he made no answer, and I gave him in charge.
Cross-examined. The only opening to the estate is a slip panel in Hillcrest Road, I believe—there was a stack of about 18,000 bricks of a different kind there, on one side of the cartway—the concrete was there for the foundations of two houses ready for bricks to be put in—I did not see any of our bricks in the foundation of those two houses—Carr invited me to go over the estate, and see if I could find a single brick of ours except at the stack—he took a candle into the cellar, and said that if I could see a brick of mine there he would have it cut out—I did not see one which I could identify either in the finished or the unfinished houses; the only bricks of ours were standing against the 18,000 bricks; but some of them were stacked in them and not distinct from them; they were in the centre, there were eight bolts in front of them and seven bolts behind—1000 bricks had been taken away on the 28th, and these were put in the centre—I only saw those of Saturday—I found a bolt in the middle of 1,000 bricks—Cecil Longhurst was in Mr. Carr's employ when he was called at the police-court, after which he asked for a job and is now in my employer's service—I did not see Payne speak to anyone—he was arrested while he was unloading them—they are made by machinery—I have heard of Rayner, a brick merchant, and Dean.
Re-examined. These are used for foundations and for inside work—these cellars had been built about three weeks—I do not think that any of our bricks were taken before December 21st—I had never seen Longhurst before—I followed the cart on December 24th, and saw Longhurst on the ground—Payne was taken before the Magistrate on the Monday, and Longhurst gave evidence that day—he was not taken into the employment till about a fortnight after he had given his evidence—a day or two after I took the 1,000 bricks, about 61 more bricks were taken out—there were no bricks there then like these.
By the COURT. A practical man could see these bricks in the centre of the stack, they were a little bit lighter—I did not seek Longhurst out; he asked me for employment and I said that he could come.
ARTHUR ROBINSON (640 T). On December 24th, about 2.30, I went with Burton to Carr's building ground in Gunnersbury Lane, and saw Payne take a cartload of bricks into the enclosure—he spoke to Long-hurst, and commenced unloading them—Burton gave him into my custody; he was brought before a Magistrate the next Monday, and made a statement, and also to me, after which I went to Carr's house in Addison Gardens, and told him I should take him in custody for stealing bricks and receiving them, knowing them to be stolen—he said, "I do not even know the man; I am entirely innocent"—I took him to the station, and in the morning I said to him, "The man is in custody, and your lad Longhurst was there,' and in the afternoon I arrested him—he said, "I admit two loads were shot there last week; I do not know who put them there; I expected someone would have come for them before this"—they
were taken away on the 28th, and Carr said, "You can see they are not concealed; they were packed up like that before you came"—he also said that they could not be got oat, bat they were got out—on January 2nd, in the corridor of the Police-court before we went in, Carr said to Payne, "If you say you don't know me, and I get out of this I will allow your mistress 20s. a week till you come out"—he also said that he sent a message to him by May that he would allow his mistress 15s. a week while he was away if he would say that he had never seen Carr—there was no reply.
Cross-examined. I have only been to see May once—I did not subpoena, him for the prosecution—he is not here to my knowledge; he was asked to attend—I did not ask the Magistrate whether I should subpoena him—I knew that two loads had been shot before Payne mentioned it; Payne did not tell me, I was on the premises and saw the bricks—he said, I admit two loads were shot there last week—Carr gave me all the information and assistance after he found that the bricks were identified—the assistance was, telling his men to remove them—I could see that there were three different kinds of bricks there: one was a darker red than the other—Carr asked me to look round his buildings—I called at his house twice on the 26th, first at 10 a.m.—he opened the door—he said that he did not even know Payne—I did not go back before 4 o'clock and say that Payne had been remanded for a week, and he was going to pay for the bricks—I said that I must arrest him—he did not after the charge was made say that he had put the bricks on one side expecting someone to call for them—I made these notes before he left the dock—I did not make a note of what Carr said in the morning—his statement was made while he was leaving the dock.
Cross-examined. Carr gave me no assistance till after he was charged—it was never suggested till today that he gave me information before he was arrested—I had no conversation with him beyond that in the morning; he had the door half way open.
HYRAM HUGHES (Police—I nspector T). On January 7th I went to Can's ground and took possession of 61 bricks—I took the charge at the station—he said, "I admit two loads were shot there last week, but I don't know who put them there; I expected someone would come for them before this."
Cross-examined. I have been over the estate; the roads leading to it are blocked on the Uxbridge Road side—Hillcrest Road is built on on both sides, but this part of it is not blocked—there was no scaffolding pole up when I visited it.
CECIL LONGHURST . I was in Carr's employ a week before Christmas on the ground at Gunnersbury, where he was building—I got there about 7.30 and left about 5.30—my duty was to take the men's breakfasts and fetch their beer—when I arrived on December 22nd I found a load of bricks on the ground, not stacked—they were not there the night before when I left at 4.30, and I was the last to leave—workmen were there when I arrived on the 22nd at 7.30 a m.—the first load was still there at 3.30, when Carr came just as they were shot out of the cart, and he said, "Jack, just stack them up," and they were stacked up—Payne brought another load of bricks that evening at 5.50—I was then alone—Carr was
not there—I said to Payne, "Have you got a ticket?"—he ought to have had one to deliver to the person the bricks were sent to—he said, "No, I am going to see Mr. Carr tonight at nine o'clock"—the bricks were left tipped up till the next morning, when they were all put together close to the stack—Mr. Carr said nothing about them, but in the afternoon Sims, the foreman, told me to put them there—they were the same sort of bricks as were brought there in the early morning—I did not hear Mr. Carr give instructions to anybody—he was there all day on Friday.
Cross-examined. I have been on this job since November 5th—in Gunnersbury Road there is a slip panel into Hillcrest Road—there is no padlock on it; anybody can open it; you can pull the boards up—there was nothing to prevent any one shooting bricks there after I left—any person delivering bricks, cement or timber would enter at the slip panel, and go towards the lime shed, leaving the large stack of bricks to the right—when I went on December 22nd I saw that a load of bricks had been shot on the cartway for the cart to pass—they were taken away for the carts to pass, and put by themselves against the large stack, separately—Mr. Carr told me on Thursday morning to stack them and to put them against the stack where Rayner's bricks were—Carr was receiving bricks from Dean—the second lot were shot against the large stack, and Dean's men were delivering cartloads of bricks at the sametime, or Rayner's men—Dean's men took the second lot of bricks and put them in a bolt in the large stack, because they were in their way—Sims was the foreman of the works, And about thirty men were employed and about eight bricklayers; this job was for about seventeen houses—where the Gunnersbury Road goes into the Uxbridge Road, a large pole is stuck in the middle so that carts cannot get by, and it is stopped at the Uxbridge end and Deanhouse Gardens was stopped in the same way—a carman could not deliver bricks from the Uxbridge road side—there is a slipgate—if you were driving a cart there waft nothing to prevent your coming from Gunnersbury Lane into Wilcox Road—I never found a ticket; but they ought to bring one—one ticket is signed and the other given to the carman—supposing he brought a ticket the master or the foreman would sign it.
By the COURT. When bricks are brought in working hours the carman gives a ticket to the foreman—I never take tickets—there was no difficulty in moving the pole if they wanted to take bricks down there—I was engaged to attend to the workmen—I had nothing to do with the tickets.
Re-examined. Dean and Rayner were in the habit of bringing bricks after 5 p.m.—they would keep on and someone would stay till they finished; sometimes the foreman was there—I was sometimes there by myself when they came—Dean and Rayner's men sometimes brought tickets and sometimes not—Payne came on Saturday, about 3 p.m., and brought a load while I was there—I said nothing to him or he to me; I was down at the gate and he passed me.
By the COURT. I was in Carr's employment when I gave evidence at the police-court, and said that I asked Payne for a ticket, and he said that he had not got one; he was going to see Mr. Carr that night—I gave Mr. Carr notice on the Saturday after I was at the police-court, and he said, "Jack, I am very sorry you are leaving."
H. HUGHES (Re-examined). The boy asked me about staying, and I said that he had better consult his father—that was after Carr had been charged.
WILLIAM PAYNE (The prisoner): Before Christmas I was in the employ of Mr. Greenham, of Hammersmith, and was engaged in carting goods to Fulham Road, and on this afternoon I took some bricks to some ground near Gunnersbury—I had taken bricks there about five o'clock on the Wednesday—nobody was there when I arrived—I shot them out eight or nine yards from the stack—next day I took another load, and asked Longhurst if Mr. Carr was in—he said, "No; he went about four o'clock"—he asked me where I brought the bricks from—I said, "They are all right, I will go and speak to Mr. Carr tonight"—I went to Carr's house, 126, Addison Gardens, but he was not there—I went to the stack he was building at the corner, and saw him there, and asked him if he had seen a load of bricks which I took him on Wednesday—he said "No"—I told him I took another load on Thursday—he asked me if I had stacked them, or where I had shot them—I said that I shot them up close to the stack—he told me not to shoot any more, as it looked suspicious, and gave me a half-sovereign, and told me to see him on Saturday night, and he would pay me the remainder—I took more bricks on the Saturday, and was arrested—I have known Carr eight or nine months, but never worked for him—he asked me six or eight months ago if I would take some bricks to bis place, and said that he could do with them—I did not know where his job was, and he told me Gunnersbury Lane, Apton—I saw him on the Thursday night, and asked him what he was to pay me—he said, "I do not know; what is your price?"—I said, "18s. for two loads"—he paid me 10s., and I was to call on Saturday for the rest, but did not as I was taken before the Magistrate, and Carr also, and in the waiting-room before going before the Magistrate Carr said that I was to say that I did not know him and had never seen him before, and he would allow my wife £1 a week all the time I was in prison, and whan I came out he would give me £20 to start for myself.
Cross-examined by MR. GEOGHRGAN. I have been employed by Greenhams twelve months, and by Mr. Carpenter before that—six or eight months ago Carr asked me to steal bricks from my master, but I did not steal any till December—I told the Magistrate that May had bean to my wife, and made her a proposition—when I went to my master's estate at Fulham, I sometimes gave a ticket to the man at the gate, but not regularly—Carr and I were not put in the same cell, nor did he say to me, "What the devil do you mean by mixing me up with these stolen bricks; you know as well as I do I know nothing about them," nor did I say, "I could not get rid of them anywhere else, and when the copper caught me I was on your land, and was so confused I said what I did"—I never knew men to shoot bricks on a builder's land on the chance of his buying them—I told the constable I had been put away by one of my mates—two men go with me in the cart—I did not say that I was going to see what I could get—I was trying to get a drop of beer for Christmas—I went to Carr's house, and I fancy it was his daughter I
saw—(May was here called in)—that is the man who I say told me that I should receive £1 a week, and my wife told me that he came to her house and said he would allow her 15s. a week—May is a carman working for Mr. Greenham—I did not see May before the Magistrate—this is the first time I have done such a thing as this—Mr. Greenham was a good master and my hours were comfortable—when Carr came to me and asked me to rob a good master, I did not say, "I will give you a good hiding if you make such a proposition again"—I had been an honest man till then—Carr did not confine himself to asking me to get him bricks; he said, "Bricks or any material"—I did not understand that I was to rob ray master.
There being no evidence to corroborate the accomplice, the RECORDER directed a verdict of NOT GUILTY .
NOT GUILTY. Payne received a good character, and the prosecutor recommended him to mercy.—Judgment Respited.
THIRD COURT.—Tuesday, February 7th, 1899.
Before Mr. Common Serjeant.
169. JOSEPH GRAY, otherwise JAMES MAGUIRE (29) , PLEADED GUILTY to three indictments for forging and uttering receipts for the payment of £4 10s. 10d. and other sums; also to personating Joseph Gray, and obtaining an order for £1 10s. 4d., with intent to defraud, having been previously convicted.— Five Years' Penal Servitude.
170. WALTER MEREDITH (20) , to stealing two baskets and other property of Edward Sanderson, after a conviction at Clerkenwell in August, 1897; also to unlawfully assaulting George Petty, with intent to resist his lawful apprehension. Four other convictions were proved against him.— [Pleaded guilty. See original trial image.] Eighteen Months' Hard Labour. And
171. RICHARD CANTER (21) , to stealing a watch from the person of Bertram George White, after a conviction of felony at this Court in March, 1897.— [Pleaded guilty. See original trial image.] Nine Months' Hard Labour ,
172. JOHN THOMAS, otherwise CHARLES JOHN LARK (34) , Breaking and entering the counting-house of Edward Alfred Beer and another, and stealing four metal screws and other articles, the property of William Edward Chatterton.
MR. BLACKWELL Prosecuted.
OSWALD SMITH . I am a watchman at 44, Great Tower Street—on Sunday, January 22nd, about 12.45 p.m., I heard the noise of somebody scrambling over the hoarding—I saw the prisoner coming out of the office, and asked him what he wanted—he said he had come to ease himself—I gave him into charge.
course of demolition—I found the prisoner detained by Smith—I took him to the station—I searched him and found these four new therometers in cases, three new pocket-knives, a pawnticket, a pair of trousers, 2s. 3d., a wooden pipe which had been used, a tobacco-pouch, an old screw-driver, brass stop-screw, a new Yale padlock-key, four small copper rivets, four brass nuts, a metal magnifying-glass frame, a piece of copper wire, a cotton handkerchief, two pieces of brass wire, four gun metal screws, two brass thumb-screws, and two caps—he was charged with being found on enclosed premises in unlawful possession of these things; but the charge was altered to that of housebreaking.
WILLIAM CHATTERTON . I am foreman to Messrs. Beer & Co., builders, in the City Road—they are carrying on building operations at 61, Lower Thames Street—On Saturday, December 20th, I locked the office up with a padlock on the outside—returning on Monday, at 8.30 a.m., I found the office-door open and everything in disorder—I missed two thumb-screws for indiarubber stoppers which we had had in use, and these four gun metal screws and eye-glass, which is mine.
JESSE CROUCH (City Detective). On January 23rd I examined the office at 61, Lower Thames Street—I found the glass of the window had been broken by a stick, and the catch which fastens the lock pushed back.
The Prisoner produced a written defence stating that he had the things found on him from a man named Wilson, a licensed hawker, about 10 a.m. on Sunday, to take care of till 2 p.m., not knowing they were stolen; that he got over the hoarding to ease himself, and that he worked as a porter in Covent Garden Market.
GUILTY .—He then Pleaded Guilty to a conviction at St. Mary Newington in June, 1895, in the name of Charles Lark, and thirteen other convictions were proved against him.— five Years' Penal Servitude.
MR. STEWART Prosecuted.
JOHN WILLIAM BARNES (Police Sergeant, Midland Railway Company). About 12.15 p.m. on January 19th I was in the Brent siding at Hendon, and saw the prisoner Divey carrying a bag out of the siding and place it on a costermonger's barrow on the highway—he took a bag off the barrow, and went back into the siding, picked something up, filled his bag, carried it away and placed it with the other bag—Hurling was standing at the barrow—these articles produced are of the value of about 12s. a ton—I had previously seen Divey in the siding and warned him—I told him I was a police-officer of the Midland Railway, and I wanted to see what he had in his bag—he said, "I have nothing in it much"—looking into the second bag I found this rope, nuts and things, which are stored in the siding in the open—I identify it as the property of the Midland Railway Company.
Cross-examined by Hurling. There is a dung and rubbish heap, but not where these things were found.
Cross-examined by Divey. We used the rope for shunting purposes, the string to tie the tarpaulins down, and the bolts for mending wagons, and the fishplates for the rails, then they go to scrap—I said before the
Magistrate that there was a rubbish shoot, but not where you were—I was not in a position to identify all the rubbish you had in the bag under these things, which are similar to what are stored in the siding.
WILLIAM SCARLETT (417 S.). The prisoners were given into my custody on January 19th—I told them anything they said might be taken down and used in evidence against them—I asked Divey if he took the stuff, and he said "Yes," but he did not think he was doing any harm. (The COMMON SERJEANT said that the question was a most improper one to put to the prisoner.)
Divey, in his defence, said the policeman did not ask him anything, but said, "You must come, you are given into custody, pick the things up," and they were taken by the train and to the police-station; that the rubbish heap contained bones, old sheeps' heads, old coats aud trousers, etc.; that he asked the policeman, "Why don't you take the lot?" and he refused; that he owned before the Magistrate it was only a rubbish heap; and that not bring able to find £3 bail, they had been in prison nearly three weeks. Hurling said that he did not know what was in the bag till he saw it at the station. NOT GUILTY .
MR. HEDDON Prosecuted.
GEORGE WHITE . I am a fishmonger, of Murray Road, Mill Hill, Hendon—on the night of November 9th I was at Edgware—the prisoner asked me to be allowed to sell a box of herrings—I permitted him to take the box off the cart and told him the price they cost me, and we went down the village—when I came out of the Load of Hay public-house I missed my pony and cart, which I have never seen again—I communicated with the police—last Saturday week I went with Detective Walsh to Oxford Street, and in Soho I saw the prisoner with a blacking-box and a red jacket—I pointed him out to Walsh, who took hold of him and asked what his name was—he said, "Smith"—Walsh said, "What have you done with White's pony and cart?"—he said, "I know nothing of White or his pony and cart; I don't know what you mean"—I said, "What have you done with my pony and cart?"—he said, "I only took it to the Stag, and left it at the side of the road"—I said, "What were you doing at Jack Hill's, in the Camden Road; what have you done with my pony!" he said, "I brought it back as far as Watson's, in the Edgware Road, and left it;" and in answer to questions he said that I might find it at St. Albans—he was 20 to 30 yards in front of me with the box of herrings—I last saw my pony and trap about 8 or 9 p.m.
Cross-examined. You were working one side of the road and I the other.
JAMES WALSH (Detective, S). I went with White to the corner of Oxford Street and Soho—I saw the prisoner with a blacking box, and asked him his name—he said, "Smith"—White crossed the road, and identified him as the man that stole his pony and barrow—I told him I should arrest him for stealing White's pony and barrow and a set of harness, on November 9th—he said, "I took the pony as far as Kilburn
brought him back, and left him in the Edgware Road. I did not steal it; I was drunk at the time, or else I should not have taken it."
MAY PUSET . I live at 8, Lindsay Cottages, Edgware Road—I know the prisoner by sight—I saw him one evening in November driving a pony and cart—he had been to our house and sold some fish not long before to mother—he was drunk.
The prisoner's statement before the Magistrate: "I took the pony and barrow, and had a drop of drink, and I do not know what became of the pony and trap at the finish."
The prisoner, in his defence, said that the prosecutor and he were selling fish, one working one side of the road and the other the other; that he got boosed, and did not remember anything more till 8.30, when he heard it was taken; and that he was working for Messrs. Cooper, and wot only a little careless.
GUILTY .—He then Pleaded Guilty to a conviction of felony at this Court in December, 1895, in the name of Michael Chamberlain. There were five other convictions, besides summary convictions, against him,— Eighteen Months' Hard Labour.
OLD COURT.—Wednesday and Thursday, February 8th and 9th, 1899.
Before Mr. Justice Bruce.
MR. A. HUTTON and MR. BALL Prosecuted, and MR. PURCELL Defended.
The Prisoner stated in the hearing of the JURY that he would PLEAD GUILTY to the second count, and the Prosecution having accepted that plea the JURY returned a verdict to that effect. He then Pleaded Guilty to a conviction of felony at this Court on March 8th, 1897, and three other convictions were proved against him.— Nine Months' Hard Labour.
MR. HORACE AVORY Prosecuted, and MR. ROUTH Defended at the request of the COURT.
The evidence in this case (one of procuring abortion) is not fit for publication.
GUILTY.—Strongly recommended to merey by the JURY — DEATH .
NEW COURT.—Wednesday, February 8th, 1899.
Before Mr. Recorder.
MR. LOUIS Prosecuted.
GUILTY.— The prisoners were admitted to bail, on the understanding that their fathers had them flogged.—Judgment respited.
MR. LOUIS Prosecuted.
MAURICE ANGI (Interpreted). I am a ship's cook, and live at 6, Archer Street, Shaftesbury Avenue—on January 13th I went to Green's Shipping Office, East India Docks, to be paid off, and the prisoner went there at the same time—I had never seen him before—we went and had two or three drinks—he said that a friend of his who was engaged in the shipping office was coming when they were paid off, and asked if I had a room—I said, "Yes"—he said, "I keep a boarding-house and will take you in cheaper"—I refused, and said I would keep it in mind for another time—I had £6 15s. on me, and was carrying a parcel—I went on a little way and he said, "Here it is, quite close by"—we went into a public-house and he gave me an address, 6, Warton's Lane—I wanted to get rid of them, but they insisted on going with me—they called my attention to some automatic music, and I think during that time they put something in my drink—I went to the lodging and went upstairs with the prisoner and his friend—there was a bed in the room, and two women sitting on it, dressed—I was asked what I would have to drink—I refused at first, but they insisted, and I said that I would drink beer—a woman brought a jug, and asked for a shilling, which I gave her—there was a lot of smoke, and it was very hot; my head began to glow; I went out for five minutes, leaving my parcel in the room, and when I got outside I ran up the first turning to the right, which was a cul-de-sac, and when I got to the end I saw them—I crossed the road, but the prisoner came up to me and struck me on my jaw, and I struck my head in falling—he seized hold of me, and knocked my head against the ground, and his accomplice tore my trousers open (Produced)—there was £6 in them in a purse, and 16s. loose—they took everything—I went to my lodging, and next morning I informed the police—I went with a detective—I did not recognise the house at first, but afterwards I did—I saw my parcel again at the police-station—the prisoner wore a hard hat like this (Produced) when I met him—I called at the station on Sunday, and saw the prisoner mixed up with twelve or thirteen others and picked him out.
Cross-examined by the prisoner. When I came out of the office you were perfectly aware that I had money in my pocket—your friend accompanied you to your house.
HARRY WHITE (Detective Sergeant, K). On January 4th, about 6 o'clock, Angi complained to me—I went with him to various houses, and at No. 2 we saw the shadow of a man on the blind—I went in and found the prisoner in bed with a woman, and said that I should take him in custody for robbing the man—he said, "I saw the man at the shipping office; we had several drinks"—when charged he said, "I was at Green's Shipping Office, and coming out I asked him to have a drink; I was fairly drunk; he
came to my lodging, and I asked him to have a drop more; he said, 'No,' and went away; as to knowing anything about the robbery, I know nothing of it"—the prosecutor did not appear seriously injured.
GEORGE CARPENTER (586 K). I was with White early on the 15th—we went to the prisoner's house—he said, going to the station, "This is a got-up job for me, I am being put away by that woman Rowland"—he had a cap on then, but I went again and found this hat (Produced) behind a picture—he said, "That is my hat"—the woman's name is Annie Jennings, I find that she left the house the very next day.
The prisoner's statement before the Magistrate: "I stayed at the house on Friday night, and on Saturday I was arrested in bed. If I had done the robbery what should I have stayed there for?"
Prisoner's Defence. I met the prosecutor, we had several drinks. My friend left me before we got to my house. He gave the young woman 1s. for drink, and then ran downstairs. I know nothing of the robbery.
GUILTY .—He then Pleaded Guilty to a conviction at this Court on December 11th, 1893, and three other convictions were proved against him.— Five Years' Penal Servitude.
MR. LOUIS Prosecuted. JOSEPH BURTON. I am a carman, of Hackney—on January 22nd, at a little past 3 p.m., I came out of the Frampton Arms—I had had two or three drinks, but was sensible enough—I had had over £8 in the morning—there was silver and gold in my outside pocket, and I put £6 in my trousers' pocket—I was out driving in the morning—before I got the last money into my trousers' pocket Harmsworth hit me, and I fell to the ground, and the money was lying on the road—two half-sovereigns and some silver were given to my brother, who was half-way down the street—I was kicked on my nose, and my face was cut—I did not go to a doctor.
Cross-examined by Emsden. I did not hit you first—I had seen you several times before, hanging about—I never saw Harmsworth.
WALTER EDWARD BURTON . I am a carman, of 25, London Road—on January 22nd I was at the corner of St. Thomas's Road, and saw my brother there—Emsden came up and knocked him down—Harmsworth was on top of him as well—they were all mixed up together—I picked my brother up, and the prisoners ran off—somebody picked up two half-sovereigns and some silver, and handed them to me.
ARTHUR WOOD . I am a cook—on January 22nd, a little after 3 p.m., I was where I could see down Thomas's Road—I saw Burton lying on the ground, and several on top of him—the prisoners are two of them—they both got up and ran away—I helped to pick him up—he was cut on the side of his nose and on his forehead—I saw money on the ground, and saw one of them pick up some silver before he ran away.
about 8.30, and told him the charge—he said, "I don't care if you do; I know all about it, but I did not have the money, Punch had the most of it"—I wrote that down at the time.
ARTHUR LAWRENCE (Detective J). I arrested Harms worth the same evening—he said, "All right, I was there, Emsden knocked him down. I did not have any money, it was picked up by another man"—he made no reply at the station.
Emsden's statement before the Magistrate: "When the detective stopped me I said I knew all about it but had none of the money. After the row the prosecutor came and broke some of my windows."
ARTHUR HARMSWORTH (The prisoner). I came down North Street, about 8.5, and saw Mr. Burton standing there with his coat off—he said, "Three f—s after one," and got hold of one by the neck and turned him away—he took off his coat, and they had a fight; he said, "F—them all"—Emsden said, "Why don't you go away? you will get locked up in a minute," and hit him in the mouth—they had two or time rounds, and the money dropped out of his pocket; a gentleman came by with his two daughters and his wife, and the prosecutor said, "I will give these men in charge."
Cross-examined. He did not give them in charge—when the policeman said, "You know what it is for"—I said, "Yes," because three little boys at the top of the street said that Mr. Burton had gone to the station to charge me—I did not run away, that is false—I knew Mr. Wood by sight—there is no reason why he should say that I ran away when I did not—I am a horse dealer, and I do a bit of wheelwrighting—the last time I was employed was for Mr. Bullamore—when I was charged at the station I said nothing about this—I was remanded for a week. By the COURT. I never found myself on top of the prosecutor that evening—both Mr. Wood and the brother are committing perjury—I have never suggested before that the prosecutor took off his coat and used filthy language.
A. LAWRENCE (Re-examined). Burton's coat was smothered with mud—he had been very severely illtreated—he was bruised all over his ribs—the prisoners had only a few coppers when they were arrested about five hours afterwards.
GUILTY .—Harmsworth then Pleaded Guilty to a conviction at the North London Police-court on February 24th, 1893. The police stated that Emsden had been twice convicted, and was a terror to the neighbourhood through his violence, and that both prisoners belonged to the same gang. EMSDEN— Twelve Months' Hard Labour. HARMSWORTH— Nine Months' Hard Labour, and each to receive twenty strokes with the Cat.
MR. KERSHAW Prosecuted.
Street, and saw the prisoner and two other men there—I spoke to them all—they asked what I was—I said that I was a lighterman at Wapping—one of them suggested that we should go to Sweeney's public-house in Shoreditch, and on our way there we went to a well-known public-house, where there are prize-fighters, and when we got near the top of Commercial Street the prisoner said, "This turning is a short cut to Sweeney's"—we went down there, and they seized me and threw me on my back—the prisoner and a tall man were on each side of me, but I do not know who threw me—I felt my pockets being rifled, and somebody had got hold of my hands—I called "Police!" and struggled, and jumped up and caught hold of the prisoner and held him till a constable came—I missed aboat £2—there was 10s. in gold and the rest in silver, and my watch and chain, and the keys of a gun barge—thin is the key of the barge, and this is my latchkey (Produced)—they had been in my pocket—I had had three drinks of beer, but no spirits; I knew what I was about.
Cross-examined by the Prisoner. You did not pick up two shillings and put them in my pocket—I was not looking for something on the ground when the policeman came up—I did not knock your hat off; it may have come off when I caught hold of you—you had not the opportunity of going away—I did not say to the policeman, "I have been robbed of £2, but I do not know whether it was this man or those men going down the road."
HENRY WRIGHT (451 H). On January 23rd, about 11.30 p.m., I heard cries of "Police!"—I went to the spot and saw the prisoner and two other men on top of the prosecutor, who got up and caught hold of the prisoner and said, "This man has robbed me of £2"—the prisoner said, "You hear what he says; the others have done it and gone down there"—Crawley said, "No; it was you who robbed me"—I took him to the station and found 2s. and two keys, in his trousers pocket—Crawley was wearing the prisoner's hat at the station; he had been drinking, but he knew what he was about—I was about thirty yards away when I saw the prisoner on top of Crawley—there are two electric lights there.
Cross-examined. Crawley did not say, "I have been robbed of £2, but I am not sure whether it was the men going down the road"—he said, "This man has robbed me of £2, and the others have gone down the road."
Prisoner's defence. I was walking along Bethnal Green Road, and saw the prosecutor looking on the ground for something. He said that he had lost some money. I picked up 2s. and gave them to him, and he knocked my hat off and put it on his head, and caught hold of me and afterwards let me go; a constable came up and he gave me in charge, and said, "I have lost £2; I do not know whether this man has done it or the men going down the road "; I worked hard for the money found on me.
GUILTY .—He then Pleaded Guilty to a conviction at the London Sessions on June 4th, 1895, and several other convictions were proved against him,— Three Years' Penal Servitude, to commence on the expiration of his last sentence.
THIRD COURT.—Wednesday, February 8th, 1899.
Before Mr. Common Serjeant.
MR. TORR Prosecuted, MR. C. F. GILL appeared for Williams, and MR. HUTTON for Casey.
Williams received an excellent character. NOT GUILTY .
183. WILLIAM HENRY GIBSON (38) , Stealing a silver coffee-pot and other goods, and within six months, two silver candlesticks and a silver candelabrum, of Sir Samuel Montagu, his master, and EDWARD ARTHUR GIBSON (32) and HELEN GREY (29) , Feloniously receiving the same.
MR. RANDOLPH Prosecuted.
SIR SAMUEL MONTAGU . I live at 12, Kensington Palace Gardens—I am head of the firm of Montagu and Co., bankers, 60, Old Broad Street—the prisoner William Henry Gibson was my butler up to January, when I gave him notice—on January 20th he asked if he might speak to me—I said "Yes, after breakfast"—he said he was very much worried, would I lend him £30—I had two years previously helped him out of debt—I said, "What for? have you been drinking again?"—he said "Yes," and that he would like to commit suicide—he said, "You would not believe that your plate was in pawn?"—I said, "No, indeed, did you pawn it?"—he said "No," he would not think of doing such a thing, but it was his brother who induced him to bet at races—I sa id, "Where was it pawned?"—he said, "In the Earl's Court Road"—I said, "What is the amount of the tickets?"—he said, "I will go and get the tickets, I shall not be half an hour"—I said I could not have any more confidence in him because of his drinking—he said, "Oh I can face penal servitude, and if you prosecute me it is no more than you ought to do"—he left to get the tickets—I thought the matter was serious, and gave information to the police—I afterwards saw him in Church Street—I called a policeman—I said, "I shall give this man in charge for stealing my plate"—he said, "You are not going to prosecute me"—I said it was my duty—he was taken to the police-station, where he gave the address of his brother and a woman—I did not know the woman, but I fancy I have seen the brother—this coffee-pot, three silver ladles, two silver fish knives, two silver candlesticks, and the candelabrum, are mine—they are antique, and marked "S. E. M."—they were purchased by me—the candelabrum is one of a pa r that cost £328 8s., the date is 1731, the time of George II.—I bought it at Christie's in 1893, the pair weigh 154 oz.—the coffee-pot, which weighs 27 oz. 10dwts., is of the time of George III., and cost £10—they are hall-marked, with the initials "P. L.," for "Paul Lambri," which increases the value—the others are modern plate—the candlesticks are also marked "Paul Lambri," and are of the date of 1743—they weigh 41 oz. 15 dwts., and cost me in 1893 £40—I think they are worth half as much again to me—they are all marked with mine and Lady Samuel's initials except some of the small things.
Cross-examined by the Prisoner, W. H. Gibson. I think you did ask me to lend you six months' wages in advance—you have been with me four or five years as principal butler—you had charge of all the plate in use—I received four years' good character—you had £65 a year, lived in the house, and had the key of the strong-room and slept near the plate.
WILLIAM GRANT (104 F). I was on duty in Church Street, Kensington, about 9.15 a.m., on January 20th—the prosecutor gave the prisoner Gibson into my custody for stealing his plate—I took him to the station—he said, "This is a bit of all right, ain't it?"—he was searched, and 5s. 0 1/2 d. found on him and some pawntickets.
FREDERICK HARVEY (Detective Sergeant, F). I was at the police-station on the morning of January 20th when Gibson was brought in—in consequence of what took place I went to 23, Abingdon Mansions, Earl's Court—I saw Helen Grey—I said I was a police-officer, and that her brother-in-law was in custody for stealing a large quantity of plate, the property of his master, and "I have every reason to believe you have tickets relating to the property."—she hesitated for a time, then she said, "I have not got them here, they are at home, if you like to come with me I will give them to you"—on the road to her premises she said, "This is all through drink; they both gave them to me to pledge"—I went with her to 56, Pembroke Road, Earl's Court—in the first floor front room I saw Edward Arthur Gibson—I told him I was a police officer, that his brother was detained at Kensington Police-station for stealing a large quantity of plate, the property of Sir Samuel Montagu—he replied, "I his is all right"—I then told him his wife had sated he had given her some of the property to pledge—he did not reply—I asked Grey for the tickets—she handed me these two from the pocket—then she crossed to the mantel-shelf, and raised a picture from the wall, and down fell the re mainder of these tickets produced—seven tickets and one contract note—I told them I should take them, into custody for being concerned in stealing this paper—on the way to the station Edward said, "I only told him last week if we did not get them out, we might get into trouble"—they were taken to the station and formally charged—they made no reply—Grey is not his wife.
JAMES ALEXANDER CHARLTON . I am assistant to the firm of Somes and Charlton, pawnbrokers, 149, Earl's Court Read—I know the prisoner Edward Arthur Gibson and the female—previous to November 20th she had pawned various articles of plate or jewellery—I knew her as Grey, a servant or maid at Abingdon Mansions—she told me that—the gave the name of Miss Grant living at 23, Abingdon Mansions in a flat—the largest pawning before November was 12s.—this coffee-pot or claret jug and the silver spoons and ladles were pawned on December 16th for £7 by Grey—looking at the book of that date I see "One silver coffee-pot, one ladle, three teaspoons, and a knife and fork by Helen Grey, of 23. Abingdon Gardens, for Hilda Grant of same address"—I see the monogram would not be read for "Grant"—I have no doubt we did inquire, but nearly all silver is crossed with initials—I asked some question, and Grey said some things were left her by her father, and some were given to her—we accepted her statement that she pledged for her mistress—some of her pledges had been redeemed—I can see now if I had inquired at 23, Abingdon Gardens I should have found no such person—I did not think the property was worth so much as Sir Samuel says—I have had sixteen years' experience—I am principal manager—I am not an expert in antique silver, but I know a little about it—I should not like to say I was an expert in marks—on January 5th Grey pawned
these two candlesticks in the name of Florence Grey, of 34, Abingdon Mansions for £8—I did not notice the date 1743—I noticed the Hallmark—I should not value them so high as Sir Samuel has—I know plate increases in value as years go on, but I did not know who the maker might be—on January 7th Grey pawned this candelabrum on a special contract for £14, in the name of Florence Grey, for Hilda Grant—I should take it to be Georgian—that was the amount she asked—we took that to be also for her mistress.
William' Henry Gibson's statement before the Magistrate: "Is not this a breach of contract, not a theft? Everything would have been replaced."
In his defence he said that he took the plate, not intending to get rid of it± but to redeem it, and that he asked Sir Samuel to advance six months' wages with that object before the plate was wanted, when it would have been too late; that he had given way to drink.; that he had confessed to Sir Samuel, who had received four years' character with him; that he had served him six years; and that he haul been in a situation fourteen years, and twentysix years in service, and he threw himself on the mercy of the Court,
GUILTY .— The Jury recommended Grey to mercy. Mr. Attenborough, on behalf of the pawnbrokers, stated that the pawnbrokers undertook to give up all the property in their possession. GREY— Nine Months' Hard Labour. WILLIAM HENRY GIBSON— Eighteen Months' Hard Labour. EDWARD ARTHUR GIBSON— Three Years' Penal Servitude.
NEW COURT.—Thursday, February 9th, 1899.
Before Mr. Recorder.
MR. KERSHAW Prosecuted. WILLIAM BAKER. I am a labourer, living at 80, Wandsworth Street, Borough—on the early morning of January 29th I was walking along Dorset Street alone—three men came up to me, one of them threw his arm round my neck, and after he left go I fell to the pavement, and while he held me another rifled my pockets of two half-crowns and a shilling—after he left me I called for the police, and one came a minute afterwards—I did not know any of the men who were there, but the other men came back almost immediately—nobody struck me, but I was sore about my throat for three or four hours afterwards.
JOHH SMITH (241 H). I was on duty, on January 29th, with Sergeant-Gunn in Commercial Street, and at the corner of Dorset Street I heard cries of "Murder!"—I ran and saw Baker lying on the ground and three men with him; as I got within twenty yards two of the men got off him, one called out, "Look out; here he comes"—the prisoner got off him last, and ran into a lodging-house on the other side of the road—I followed, and caught hold of the tail of his coat as he went in at the door; I loosened my hold, but got hold of him again—he said, "Get out of this" Baker came in and said he had lost two half-crowns and a shilling—the prisoner said, "You have been insulted"—Baker said, "Yes; they have tried to strangle me"—prisoner said, "I am your man, let me have a
chance to get a living; I can't help it"—he was searched, and 1s. 0 1/2 d. was found on him.
Cross-examined by the Prisoner, I was about twenty yards off when I beard the cries—I can't say that you knocked Baker down; you had him down—you bad ten or eleven yard? start of me—I never lost sight of you—I never knew you before—the two other men went into the same lodging-house.
By the COURT. The prisoner did not call any witnesses at the Police-court to prove that he had been at the lodging-house for some time previous.
Prisoner. Yes, I did I called them, but they were not there.
FRANCIS GUNN (Police-Sergeant, 28 H). I was with Smith on the 29th—I heard cries of "Murder! "and "Police!"—I ran with him down Dorset Street, and saw Baker, and three men on the top of him—someone shouted, "Look out, he is coming this way," and they ran into the lodging-house—the prisoner was the last—I followed, and as Smith went in at the door he caught hold of the prisoner's coat—I was within eleven or twelve yards of him—Smith made a grab at him, but missed him—he followed him—I told the prisoner I should take him for highway robbery—he threw himself in front of the fire—other police came and he was taken to the station—he said to Baker, "Were you assaulted t"—Baker said, "Yes, I was nearly choked"—the prisoner said, "This will do, put me in there," pointing to the cell—I knew him well by sight.
Cross-examined. There is an outer door and an inner door, and about a yard between them—you had on an overcoat—I was nearly fourteen yards off when I heard the cries, and ten or twelve yards off when I recognised you—you were the last to leave the man; you appeared to be holding him.
Re-examined. When he was taken out of the lodging-house he wanted the money-taker Barber to be brought, and he promised to be here, and suggested that I had got the wrong man.
The prisoner, in his statement before the Magistrate and in his defence, stated that he was not the man, and that the prosecutor had failed to recognise him; that it was a case of mistaken identity.
GUILTY .—He then Pleaded Guilty to a previous conviction at Clerken-well on November 161A, 1896, and three other convictions were proved against him.— Three Years' Penal Servitude and Twenty Strokes with the Cat.
There was another indictment for forging and uttering an order for the payment of money, upon which MR. PARTRIDGE offering no evidence the prisoner was acquitted.
THIRD COURT—Thursday, Februarg 9th, 1899.
Before Mr. Common Serjeant.
MR. TORR Prosecuted.
WILLIAM HENRY BLYTH . I am clerk to Messrs. Russell and Co., coal merchants, Belmont Wharf, York Road—the prisoner Mahoney brought back to the wharf on January 17th 4 cwt. of coal, value 5s—he said he was loaded over at the wharf—he had been sent out that morning to deliver coals to customers—the London County Council Inspector returned with him—he had no ticket for the 4 cwt.—on the inspector's instructions I did not touch the van for three days.
BENJAMIN SAUNDERS , I live at Northam Road, South Tottenham—I am employed by Russell and Co.—on January 17th I loaded into Mahoney's van 30 cwt. of coal, counting the bags—I know the weight of each bag; I weigh them so often—the weight of the bags average 7 to 101bs.—as a rule I allow 14 lbs. extra for sacks and sticks, as you are bound to give the turn of the scale.
Cross-examined by Mahoney. I did not see Smith—he told the weighbridge man he was not there.
EDWARD BROWN . I live at 26, Stratford Place, Camden Square—I am coal inspector to the London County Council—on January 17th I was in High Street, Whitechapel—I saw the prisoners delivering coal at No. 125—after the delivery four sacks remained—I saw Smith pull the four sacks closely together and cover them with empty sacks—I went to Mahoney and asked him for the delivery note—he said he had not got one—I asked him to account for the four sacks—he said he was sent out with 30 cwt. to make two deliveries, but he found 4 cwt. over, which he was going to take back; that the first delivery was to the Shuttle worth Club of one ton, and the second half ton in High Street, Whitechapel—I saw the delivery note for the ten sacks from the purchaser—I asked Smith to go across the way where my driver was standing—he did so, and made a statement to my driver—I followed him to the purchaser's place, where Smith had covered the sacks up.
Crosssxamined by Mahoney. The purchaser said he had received his ten sacks as he was standing in his shop—they are 1 cwt. sacks, and stand 2 ft high, so cannot be seen from the street, as the floor of the van is 3 ft from the top of the sides.
Cross-examined by Smith. My duty is to weigh the sacks—I found they weighed the correct weight—I did not count them.
JOHN CONNOR . I live at 6, Bewley Street, Shadwell—I am a driver employed by the London County Council—about 10 a.m. on January 17th I was with Inspector Brown—as the result of a communication I went with Smith to the inspector—on the way he said, "I delivered coals in Queen Victoria Street, and we done them out of 4 cwt. of coal. I suppose
it will mean two months for me—that was said in reply to my question, "How do you come to possess those 4 cwt.?"
Cross-examined by Smith. I said, "Is this a little bit on your own;" and you said, "Yes; we done them out of 4 cwt. at Queen Victoria Street."
MATILDA TOWNSEND . 1 am cook to the Shuttle worth Club, Queen Victoria Street—on January 17th 20 cwt of coals were to be delivered—I took their word—the amount was delivered referred to by this delivery-note—no one counted the sacks to my knowledge.
Cross-examined by Mahoney. There are three other servants there—I received the coal—I paid 23s. for the coal and 1s. beer-money.
THOMAS BILLS . I am one of the firm of Russell and Co., coal merchants, Belmont Wharf, Song's Cross—Mahoney was a carman—I saw the 4 cwt. of coal in the van when it returned to our store at the wharf—I did not count the empty sacks; it seemed so conclusive of theft—I heard the man say they had 4 cwt. in excess.
JOHN HENRY Wood. I live at Frederick Street, Caledonian Road—I am weighbridge porter of the Great Northern Railway Company—on January 17th, about 7.30 am., I weighed the prisoner's van with the coal on it—we weighed the van the day previous—the book produced shows my entry, "Van 40, Russell and Co., coals: 1 ton 10 cwt. tare; van: 1 ton 4 cwt.; gross: 2 ton 14 cwt. 1 qr.;" 1 qr. is the excess—that would be slightly less than 1 lb. over in each sack.
JOSEPH MOHAM (450 G). About noon on January 17th the prosecutor's chief clerk gave Mahoney into my custody on the charge of stealing 4 cwt. of coal, the property, of Russell and Co.—I asked where the coal was—the clerk said it was at the wharf—Mahoney said, "It is not stealing whatsoever; we took out too many by mistake, and we are going to take them back"—he was taken to the station and oharged—when charged he again said, "It is not stealing."
THOMAS BILLS . The carmen receive 3s. 10d. a day for six tons, and for anything over 6d. a ton—they would earn 23s. to 24s. a week, besides the money given by customers, probably 4s. or 5s. between them—the average tare of the vans is from 21 cwt. to 23 cwt. 4 lb., it depends upon the weather; it is never less than 21 cwt. nor more than 24 cwt.
EDWARD BONNER (154 O). About noon on January 17th I took Smith into custody—I told him he would be charged with Mahoney with stealing 4 cwt. of coal belonging to the prosecutor—he said, "We had no intention to steal whatever; we brought out 4 cwt. too much from the wharf, and were going to take it back"—at the station he made the same reply.
The prisoners' statements before the Magistrate; Mahoney says: "There were five men loading in that ton and half of coal." Smith says; "He" asked me to help them load, and I would not."
Evidence for the Defence.
WILLIAM MAHONEY (The prisoner). Smith asked me if I had anything to do and sat in the lobby when the van went out—he helped me and we delivered nineteen sacks in the cellar in Victoria Street, and one in the kitchen and ten at High Street, Whitechapel—Smith said, "There are fourteen in the van"—there were four to be taken back, but the County
Council gentleman accused me of stealing—I have a wife and two childrei and always bore a good character—some of the sacks are 2 cwt. sacks, but they contained 1 cwt. each—the van has not been weighed for a month—I had no intention to steal the coal.
Cross-examined. I first found we had four sacks over in White chape when County Council gentleman came—this ticket has been written on since we had it: "25 cwis., and 5 tons 2 cuts.—T.B."
WILLIAM SMITH (The prisoner). I was called by Mahoney to go wit! him and earn 1s. 6d., and stopped in the lobby—he said, "See to the van"—there were 25 cwt. bags and nine 2-cwt. bags, making 34 sacks—when Mahoney went to breakfast they asked me to help load—! refused—we went to Queen Victoria Street, and then to High Street Whitechapel, where we found we had 4 cwt. over, and were going to tab that back to the yard—the driver asked what we had got, and I said "4 cwt. to go back to the yard"—he said, "It is a little bit on your own t"—I said, "No"—I went with the van back to the yard, and there was no stealing whatsover.
Cross-examined. I never said to the driver, "Yes; I done them out of 4 cwt. in Queen Victoria Street; it is sure to be two months for it."—Mahoney received a good character.
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
OLD COURT.—Monday, Tuesday, and Wednesday, February 13th, 14th, and 15th 1899.
Before Mr. Common Serjeant.
188. GEORGE WILLIAM SHAKESPEARE and WILLIAM THOMAS CLARKSON, Stealing four reams of paper, the property of the National Telephone Co., the masters of Shakespeare. Two Other Counts for feloniously receiving the same.
JOHN GEORGE LITTLECHILD . I live at 8, The Chase, Clapham Common—I am the head of a private inquiry office—at one time I was chief inspector of police at Scotland Yard—in December I was engaged in an inquiry in regard to certain thefts from the National Telephone Co, and on December 17th I was at their stationery store at Oxford Court, Cannon Street, where I took a number of statements from their employees—on that evening I saw the prisoner Shakespeare—I told him, as it was rather late, I did not propose to take his statement—on Monday, December 19th, I was there again, and in consequence of a communication which he made to Mr. Salmon, the head storekeeper, I spoke to Shakespeare in regard to a letter, which he had written to Mr. Salmon—I said I should be pleased to hear anything
which he desired to say to me, and he said, "Anything I say I suppose may be given in evidence against me"—I said, "I cannot say that; I cannot promise that it will be or will not; you must consider for yourself if you desire to say anything to me"—he said that since Saturday he had consulted his wife about the situation; I asked what advice she had given him, and he then made his statement, which I took down in writing—I read it over to him, and he signed the sheet.
Cross-examined. Shakespeare was not present when I was taking the statements on Saturday; he was in the building—I do not know if I told him that I had been taking statements; I did not tell him why I did not take his statement—he said, "I can see the reason why you don't want to ask me anything; I see I am the suspected man"—I said I could make no reply to that, but that he must do what he liked—my reason for not taking his statement was because it was then 7 o'clock, and we had been taking statements since 1.30, but chiefly because there were such grave suspicions against him—I had no authority to take him into custody—Mr. Salmon was present when I took down Shakespeare's statement—lie said nothing, and took no part in it whatever.
MR. GRAIN submitted that Shakespeare's statement was not admissible, as it was made under a threat. The COMMON SERJEANT considered that there was no evidence of any threat.
CHARLES WILLIAM SALMON . I am head storekeeper to the National Telephone Company at its chief office in New Bridge Street—we have a stationery store at Oxford Court, Cannon Street, where Shakespeare was employed as assistant storekeeper—I was present when he made a statement to Mr. Little child on December 19th—I never in any way endeavoured to influence him in making it.
Cross-examined. I saw Shakespeare before 1.30 on Saturday—we had the men up one by one and they made their statements—we sent down for Shakespeare, and he came up—I was present—I said nothing to him except answering a question he asked me—he asked me if I knew that he went to Clarkson, and I said I knew nothing about it—I did not say that he had better make a statement, because I knew it was decided not to ask him to make one—I saw him on the Monday before Mr. Little-child came—he came and said he would like to have a word with me, and I said I was in a hurry; but we went into a silence cabinet, and he said he had been thinking the matter over, and he had several things to say—I said I would hear him later on. (Mr. Mathews then submitted that the statement was admissible, and the Common Serjeant admitted it.) Read; "George Edward Shakespeare, of 50, Swindon Street, King's Cross, says: 'I have been with the National Telephone Company since May 15th, 1896, as assistant stationery storekeeper. About two years ago Mr. Clarkson, the printer, of Garlick Hill, who does some of the printing work for the firm, asked me if I 'could let him have a ream of crown court vellum. I said I would try. This took place at his place, which was then at the corner of Queen Street and King Street. As far as I remember he sent his truck boy for it a day or two after. The next time I saw Clarkson, which may have been a day or two after, he put 4s., into my hand, I did not let him have any more paper for some time, but it went on from time to time, but only one
ream at a time. Sometimes I send him crown court vellum, and sometimes I send him bank paper; he paid mo on an average 4s. a ream. The moat recent cases of my letting Clarkson have paper was about three weeks ago. I have frequently to go to him at Garlick Hill on business of the company, and while so with him on business he asked me to let him have some paper. I sent him two reams of crown court vellum, and one or two reams of bank—I am not certain if it was one or two reams of bank, I am certain of the two reams of crown court vellum—he paid me about £1 for these. I am not sure of the amount, but it was certainly not more. That was the last transaction. The kind of paper I sent Clarkson is the same as that on which he supplies forms to the Telephone Company. I sent it to him in the same wrapper, and just as it came from the mill. Once or twice I may have put an extra cover of crown paper round it. Clarkson asked me if I could tell him what the inquiry was that was being made. This was on Friday evening that I saw him, about ten minutes past six. I had called on Clarkson by Mr. Brown's instructions; I told him I did not know what the inquiry was. Clarkson told me he was going to meet Remington between quarter and half-pint six at a public-house in Queen Street, towards Thames Street, second house past St. Thomas Apostle. Fuller, the clerk to Mr. Clarkson, told me on Saturday morning that the letter Clarkson had written to the company was concocted by Brown and Remington. I know nothing with regard to Clarkson sending in a less number of forms than he ought to have sent in. He has never made any arrangements with me, and I am not aware there has been any arrangement with anyone else to pass off as full quantity. I was tempted into what I have done through the fact that in addition to having a wife and three children to keep, I have to support my mother.'"
GIORGE BURNKS . I am a warehouseman and a cutter in the stationery trade, of 93, Rousley Street, Burdett Road—prior to October 28th I was in the employment of Messrs. Berkeley and Fry, printers and stationers, of the Grove, Southwark—I was with them just on five years; I was apprenticed to them—I shall be twentythree next March—on October 28th I entered the service of the prisoner Clarkson, who is a printer, carrying on business at 13, Garlick Hill, which is about a quarter of a mile from Oxford Court, Cannon Street—he employed a man named Carter, a machine-minder, and a man named Clarke, also a machine-minder, as well as a truck boy named Broad bear—Clarkson used to do some of the printing for the National Telephone Company—he had to execute some orders for which he had to use his own paper, but I do not know if the company supplied paper for other orders—they were orders for printed forms used by the National Telephone Company—part of my duty was to check all the paper which came to the premises at Garlick Hill from the wholesale people—the paper was kept on the racks—I entered the quantities, and the descriptions of the paper coming in, on a piece of paper which I put on a file kept underneath the bench in the printing office—I afterwards put the entries into the rough stock book—I saw the paper as it came in, and I cut it into different sizes—Clarkson was on the premises on October 28th, and for about six hours every day—while he was there he was overlooking the business and the people carrying it on—he went round to inspect the stock every day—after I had been at work for about two hours on October 28th, Mr.
Clarkson came to me and put one hand on my shoulder and he pointed out a stack of work which had been printed, and said, "Barnes, this is between me and you, cut an those forms No. 170, and when you have cut them up you will find there is 94,000 or 96,000, and you will have to take some off each to make 100 parcels of 1,000 each"—this (Produced) is a sample of form 170 used by the National Telephone Co.—they were printed before I went there—I did as I was told, and made up 100 parcels supposed to contain 1,000 each, which would make 100,000; but there were only 94,000 or 96,000—I made each 1,000 about 100 or 150 short, and put them into the rack, and the track took them away while I was away—I also remember a delivery of 30,000 No. 182 forms sent to the company about the end of November or beginning of December, they were 3,000 short—the truck boy Broadbear took the things to Oxford Court—he took them at midday—I was present when he took them from Garlick Hill—I have seen Shakespeare at Garlick Hill several times—he came to see Clarkson—he would see him in Clarkson's private office—he would stay generally about twenty minutes—he would come between five and six in the evening—on the morning of December 1st Clarkson told me to go over and tell Shakespeare he wanted to see him—I went over and told him—Shakespeare came across in the evening—Clarkson was in his private office—on December 3rd Clarkson asked me to go over to Shakespeare for some paper—I did not go over to Shakespeare, I went oat as though I was going, and returned and made excuses that he was not there—Clarkson. did not say any more about it—next day I saw four reams of crown court vellum on Clarkson's premises which had come from the National Telephone Co—I knew it came from there because I made it a rule when the truck boy came in to ask where the paper came from, and the boy told me where' it came from—Clarkson was present then; he told me to pat it away in the rack, which I did—I have heard Clarkson tell the truck boy to go over to Shakespeare in his dinner hour, and get some envelopes—on December 3rd I was going to the Telephone Office, and I met Broadbear with the truck in Cannon Street, opposite the National Telephone Company's Office, about 100 yards from Oxford Court—T spoke to him, and I looked at the truck; there was some brown wrapping paper, apparently waste paper, thrown into the truck; I picked it up, there was a parcel underneath—the truck appeared to be empty; if I had not lifted of the paper I should not have seen the parcel—when I got back to Garlick Hill I saw the same parcel on the bench—I spoke to the boy, and he opened the parcel; it contained two reams of extra strong bank paper—Clarkson was present; he asked Broadbear where he came from, and Broadbear said from Shakespeare—Clarkson told me to undo it and pot it away in the racks, which I did—that was the last paper which came over before I received notice—on December 10th I received a week's notice from Clarkson—he gave me no reason whatever—I did not ask him—he called me into the office to give me my wages, 21s. a week, and said, "I shall not want you any more after next week"—I said, "All right," and walked out—upon that same day I wrote a letter to the district manager of the National Telephone Company—on the morning of December 13th
Clarkson said to me, "Burnes, there has been a very annoying letter sent to the National Telephone Company, I suppose you know something about it; I suppose it is because you are going to leave; you are trying to do me a lot of harm; there have been some forms sent home to the National Telephone Company short, you had better go and see if you can make them right"—I said, "If I am going to the National Telephone Company and am asked any questions, I shall tell them what I think"—he walked away—the forms sent home short were the 30,000 No. 182, which went in 3,000 short—I did not go to the company that day—I attended there on December 15th, and made a statement to the solicitor of the company—on December 16th I saw Clarkson about 11 a.m., he said, "Burnes, have you got any situation yet?"—I answered, "No, Sir"—Clarkson said, "I do not see what you want to leave for; you had better come and see me after"—he then asked me if I knew of any work which had gone home short—I told him there were some 182 forms went home short—he told the truck boy to take home the amount that was short—the boy took home 2,000 of No. 79 which had gone in short, and 3,000 of No. 182 from other stock orders, Jand Clarkson's clerk sent me to Spicer Bros., New Bridge Street, for another ream of paper and printed another 3,000 of No. 182—I left on December 17th at one o'clock—I went straight to the office of the National Telephone Co. and made a statement—Clarkson did not say his reasons for my leaving were that I had been grossly careless in losing orders, and careless in making up parcels; he gave me no reason—it is untrue that on December 16th I was caught abstracting about 100 forms intended for the National Telephone Co.—it is not true that Clarkson, owing to illhealth, had scarcely attended his business for more than two or three hours a day, during the time I was there he was there every day for at least five hours—I remember about the end of November or beginning of December before the crown court vellum and the extra strong bank came, a ream of Partridge and Cooper paper came—Clarkson put a mark on it outside, "Partridge and Cooper, 15s. 4d. a ream," and it was put in the racks—I was on the premises on December 19—I was not there at the time of Clarkson's arrest—I went back there with the police-officer after he had been arrested—I was present when the two reams of crown court vellum were found on the premises—I pointed out the place where they were likely to be found, and there they were—I was present when the ream of Partridge and Cooper was found—the two reams of vellum paper were printed on—I went to his office for it on the 19th but he was not there—I had last seen it there on the Saturday; I left it there on the 17th—only two reams were discovered by the police—I had cut two reams for the company's work, which I could recognise if I saw it—it was the company's own paper.
Cross-examined. I shall be 23 next month—I was between four and five years with Berkeley and Fry—I will swear I was there four years; I left them in September, 1898—I can't recollect when I went to them—I think I entered in 1893 or 1894,1 can't say which—I left because they cut the price of work down; several left besides—that was the only reason—I was not dismissed—they told me to go about my business—I put on my coat and hat without any one telling me—I mean the manager
came, and told me that they meant to cut the work down, and I went out—I think I dismissed myself—they gave me no character, though I asked Mr. John for one; he refused—when I went into Clarkson's employment he asked me if they would give me a character, and I said I believed they would—I wrote to Mr. Gillman to ask for a character, bat he did not reply—I asked him while I was in Clarkson's service—I went into Clarkson's service on Friday, October 28th; I am sore of that—I say now before this jury that two hours after I entered Clarkson's service he asked me to assist him in committing a fraud—I knew that he was instructing me how to commit a fraud on the Telephone Company—I was to have 21s. a week at Clarkson's—I had advanced for 25s., and I accepted 21s.—I have not seen Carter here today; he was one of my fellow-servants—he did not assist me in carrying out this fraud, bat I believe he knew about it—I did not talk to him about it—he most have known that the parcels 171 and 172 were being pat ap short, because he was the printer—he had to do what he was told, and I had to do what my master told me—I was out of employment between three and four weeks before I went into Clarkson's employ—those parcels were fitted up each in a sheet of brown paper about four inches long and seven inches wide, and sealed with sealing-wax—those were supposed to contain 100,000 forms—I did them up, and they were on the bench ready to be cut up—they print eight forms on each sheet of paper, and we cut up each—they are kept in reams, and one ream is supposed to contain 1,000—they don't want counting again, they say so much paper ought to turn out 1,000 forms—that does not cut to waste unless it is cut negligently, and I never knew it to be done—out of these forms before 'me I did not count one single page or file—I have stated to the Jury that I knew on October 28th he was defrauding the National Telephone Company of several thousands of pounds, because Clarkson told me to take some out of each parcel; I did not know it of my own knowledge—I knew that 100,000 forms were not delivered—I did not deliver any—these bills were always delivered by the cart boy—every parcel was taken by him, and he made the entry himself—he gave himself the particulars—supposing he had 100 packages, there would be 100,000 forms, and he would have to say so—he has to take a receipt and bring the book back—I do not give the goods out, he would fetch them out of the warehouse—he would know, because there is one parcel stuck outside, and he would see it on the bench—he would take what he liked—no check was kept by me—he would not count them—it would be my duty to keep any check on what went out, bat I did not, the cart boy did that—before I put the parcels on the bench it was my duty to see that 100 parcels were there, but I did not do so—the boy would count them—the record would be of what parcels there were—on that particular bench—the two deliveries of December 2nd of 170's, and the 100,000 sent by mistake were both signed by Shipton, but I can't remember the date—I know nothing about the excess—the paper used by the company was not peculiar, it is sold by other merchants—he could have obtained it from other sources—I did not see Shakespeare bring parcels when I saw him talking to Clarkson—it was my duty to keep a stock book of goods received, and I did so—I had to look after it—I swear that I made twenty or thirty entries in the stock book from the day
I went in, to my dismissal—the book was not kept properly, I was out sometimes—there was no paper that I ever saw there which I put into the stock book—Broadbear never made the slightest concealment about what was brought in from the Telephone Co.—it was mostly concealed at the bottom of the truck—the boy concealed it when he brought it from the company on December 3rd—it was mere rough paper—that was the only time I saw any concealment when he brought them, they were invariably put where I could see them—from October 28th I never mentioned that goods, had been brought in, or said that J did not know why—I knew that many of the parcels I have spoken of had been counted, and some of them were more than 1,000, one was 1,000 and odd—some contained more than 1,000, some less—this paper(produced) bears no date or address—I wrote to Mr. Gill man some time in December while I was in Clarkson's employment—I cannot say the date—I had notice on the 10th, and it would be about two weeks before that—I cannot say whether it was in November—I did not see the answer addressed to Mr. Gillman, nor did I see him upon it—I did not write to him again—I wrote, "If a gentleman calls upon you, kindly say I am still working, and have been five years in the warehouse"—I had been in the place five years, and I thought I bad rather have a character from there—I do not know what reason I had to suppose that Mr. Gillman would give me a false character—I did my best to get Mr. Gillman to write what he knew was false, and I knew what sort of man Mr. Clarkson was—I had something to do with the trades union—Mr. Gillman was not a member of the trades union—I kept a special book for the Telephone Company, a receiving book, in which the goods should be marked down as they go out—the truck boy looked after that, and there was a receiving-book for all customers for goods going out—sometimes orders would come in from the Telephone Company for a large number of forms to be delivered quick, but I do not know that Clarkson sometimes had not enough paper to execute them—I have not known him to go and ask for paper, nor has he sent me over to do so—he asked me on December 2nd to go to the Telephone Company and ask for the loan of a ream of paper, but I did not go; I do not know who went, but two reams came from the Company, and they were used for the Company's order—I say that they were stolen because they were fetched over in the cart—they were brought in openly—the Company got them with the printing on them—a truck would not be required to bring it, it would only weigh 22 lbs.; he could carry it under his arm—it was a two-wheeled truck—Clarkson never to my knowledge sent to borrow paper before—I had nothing to do with making invoices out—the other man was called the machine-minder; he had the entire charge of the machine and the handling of the paper, and it came to me when it was printed—only those two, and the boy Broadbear had anything to do with it—I never received a penny beyond my wages; he never offered me any bribe or inducement to connive at this robbery—I have been out of a place ever since December—I have tried to get one several times, and the last time I told them that Mr. Clarkson was retiring from business—I did not say a word about Berke leys—Clarkson never said that I had been negligent and careless and frequently absent on Monday, or that I had made mistakes, or that I had
not kept the stock-book—I had been absent on Mondays several times, because I was not very well, and once I was too late—I stayed away two Mondays during the seven weeks I was with him and one half day; he complained once before he gave me notice—when he gave me notice I thought I knew the reason, as one of the boys said that Clarkson said, "As that chap is away I will give him notice"—I was a perfectly innocent young man up to October 28th—I did not say a word to the Telephone Company about what was going on till I had notice to leave, because I had my living to get—I wrote to the company and told them afterwards—I never passed a word with Shakespeare before I left—I never saw money pass between Clarkson and Shakespeare—Shakespeare walked in and out so that everybody could see him, but the glass was frosted over and no one could see him inside—my dinner time Was from one to two; we closed at seven—the gas was alight all day—I always saw Shakespeare between five and six p.m.—Carter was on the same floor with me; we were twentyfive or thirty yards apart, and I could see everything he did—he could see everybody come into the counting-house as well as I could, but they would not have to pass either of us.
Re-examined. Nothing was paid to me besides my wages—I am married, and have a child—the stock-book was to enter stock coming on to the premises; it had been used when I arrived, but it had all been scratched out—I put down in it whatever arrived, but I did not go on doing so, and in that I failed in my duty, but I did make some thirty entries in it—I put my memoranda in the rack, some in the book and some on the file, and some were not put down at all—the half day t was away was the Wednesday before I got married—that was the following day or the day after I heard from my friend that Clarkson was going to send me away—I sent my letter by post—I am not aware that the envelope which contained it is in the possession of the police—I might have gone for paper to Hewett in Cannon Street, or Piper and Son, who are two minutes' walk off—I got some paper from them—when the telephone forms came in they were wrapped in brown paper and tied with string—this paper was always done up in the same way as the telephone forms, tied with paper and string.
MAJOR WM. CARTER . I live at 36, Iindley Street, Mile End Road—I entered Clarkson's service in March, '97, and remained there down to December 20th, the day after his arrest—the clerk came up and told me we should all be paid off—Shakespeare used to come to Clarkson's at all manner of times—he used to see Mr. Clarkson—he saw him in the office—I remember the boy Broadbear, he used to bring papers in to Mr. Clarkson's shop in the truck, from the National Telephone Co. in Oxford Court in the dinner hour, or else just after the closing" time of the Tele phone Co. at 6.30—we closed at seven—if we had an order for 30,000 forms we had paper given out for 27,000, and Mr. Clarkson told me to make it up in 1,000 parcels—I just printed the paper that was given me—sixteen reams would cut up into 92,160—No.170 forms thought spoiling—92,160 is the most that it could be printed into—Mr. Clarkson told me an order had come in to print 50,000 forms, and that he would get me the paper to print—I did so—I was told to cut sateen reams up into 92,160, and they were packed into 100 parcels and sent oyer to the
National Telephone Company—the rule was to pack them up in fivehundreds, but they were packed up in thousands by mistake—the first delivery should have been 50,000, and the second delivery the same, but 100,000 were delivered at once, or rather 92,160—I remember an order coming to print seven reams of No. 79 forms, which were to be packed up in packages supposed to be 1,000; the order was delivered nearly 3,000 short—on December 19th, the day Clarkson was arrested, and before he was arrested, he came to me and told me to go down and help Forward to count out the 79 forms into full thousands, because they were already packed up under the counter, and J Broadbear unpacked them, while Forward and I counted them—the first lot was 724; it should have been 1,000—it was going to the National Telephone Company—we counted a lot of parcels—I do not remember any containing more than 1,000—fresh forms were to be added, and we made them up into packages of 1,000—we had some crown court vellum paper with the Telephone label on it, "The Stores, Oxford Court," and we cut up the waste into Golden Arrow circulars, nothing to do with the Telephone Company—there were two parcels, five reams in each—some of the paper was used for the No. 520 of the Telephone Company, but some of it was used for the Golden Arrows—I remember Burnes leaving—on the day he left Clarkson came to me and said, "What do you think of that b—?"—he asked me if I knew who he went to dinner with—I. said, "I have had very litt'e to say to him"—he said, "Do you know who has put him into the way of whom to go to; he has gone straight to the man who can cause me all the trouble?"—I told him I did not know—he said if the Telephone affair blew over he should get some of our work.
By the COURT. I did not know what was going on—I did not know what he was talking about.
Cross-examined. I had been at the office about two years—when an order came in, all I had to do was to handle the machine; I was in charge of the letterpress department and machinery—I was over Burnes—I would have a lot of paper put before me to print—I never knew it not to come up to the estimate—I should not ask for more paper—if I had an order for 30,000, and I had only paper for 28,000, I should not ask for more paper, I should make them up in packets supposed to contain 1,000—as far as I remember the number was always short; we knew we were swindling all along—I cannot remember a date when Clarkson told me to send out shortages—I very seldom cut up the right number—sometimes I did in agreement forms, it was Clarkson's custom, he told me often it was his custom—I am 24—I never told anybody this—Clarkson never gave me a present or any inducement to continue a coconspirator in this fraud—I started at £1 a week, then 21s., then 23s., and just before the firm shut I had 25s.—Clarkson did not tell me in December to cut up 92,600 forms and send them in to the Company—I know that over and above the 50,000, 40,000 odd went and are at the Company's now—they are not counted, they are measured off—I have written to Clarkson since I was at the Mansion House—I think it was last week—he did not answer me, but other people did—I never remonstrated with Clarkson—I did not talk to Burnes about the shortages;
I saw very little of him—I may have spoken to Clarkson about it—Fuller dismissed me.
Re-examined. The 3,000 shortage-was in 79 forms, about three weeks before Clarkson's arrest—the 170 forms, the 100,000 order, I worked up in 92,160; I do not know anything about the 182 forms.
FRED. EDWARD CLARKE . I live at 49, Hale Street, St. George's Road—I am a machine man lately employed by Clarkson at Garlick Hill—I left there on December 20th, the day after his arrest—I entered his service about ten months ago—whilst there I have seen from time to time paper coming in from the National Telephone Co.—last September or October I heard Clarkson tell Broadbear to go to the Telephone Co.'s office and be there about 6.15 with the truck—the same evening Shakespeare came to Clarkson's office—I cannot remember the date—Clarkson was not in, and he saw the clerk Fuller—next day Clarkson told Broadbear to be over at the Telephone office about 1.15 in the dinner hour, with his truck, or else his job was not worth much—later in the day I saw Broadbear come back to our office with the truck, and he had about seven reams of paper in it—he had some Monck ton's foolscap and double cap azure laid—I saw it—it laid flat in the truck with a few pieces of wrapper over it—he came to the side door, and unloaded the truck; he brought the paper just inside the door and laid it on the compositors' table, and after the dinner hour I took them down to the other end and took a couple of wrappers off, and put brown paper on them and stuck them in the rack—I only know Shake speare by sight—I have seen him on the premises when Clarkson was in—he would see Clarkson in his office; he was there several times—Clarkson always saw him if he was in—I was in charge of the machines when the paper was given out, and it would not produce the proper quantity—I had to take some off every lot, and make them up into the proper number of bundles—if the order was for 100,000; 100 bundles were sent in, each supposed to be 1,000—they did not contain 1,000; if they did there would only be about 92 bundles, and we had to take so many off each to make 100 bundles—I never remember making a less number of bundles than was ordered—I remember Burnes going, the day he left Clarkson said to me, "What do you think of that b—hound; you don't know what harm he has done me; he has even written to Peacock's; he has done me a lot of harm, and if this should come to a law point, will you swear that my work has always been sent home properly?"—I knew it had not, but as I had a mother to keep, I said "Yes," so as to retain my position—the establishment was afterwards broken up, and I left on December 20th, and after that I made a statement to the solicitors for the prosecution—I was at the police-court—I have got another situation now.
Cross-examined. I made a statement to the solicitors on December 21st—I attended at the police-court twice—Mr. Peacock is the merchant who used to print for Clarkson—Clarkson asked (me to give false evidence—I did not agree to commit perjury—I was not on my oath then—I knew he was committing a fraud—I was about twenty-two then—I did not say, "I won't do this," because I did not send the work out—it was my place to print what was given to me—I knew he was sending the work out short—I did not say anything about it to Clarke—I remained with
him till he was taken into custody, and took his wages—if he had not been taken into custody I should not be there still—my delicate conscience began to pinch me towards the end—I was going to leave to better myself; if I could not have bettered myself I should hare taken wages from a thief.
CHARLES WILLIAM SALMON (Re-examined). A large portion of the Company's forms are printed outside; contracts are sent to the printers—they put in tenders—the printers supply the paper—some of the printing is done at Oxford Court—up to May, 1898, the Company had supplied paper to the printers, but since then it ceased to supply paper, certainly so far as Clarkson was concerned—from that date he would have no right to have the Company's paper delivered to him—I did not know that he was receiving five reams of Monckton's paper, two reams of azure laid, four reams of crown court vellum, or two reams of extra strong bank—Shakespeare had no authority to hand him any paper after May 6th—among the forms printed by Clarkson there were Nos. 79, 170, and 182—if the stock of forms run short, the head storekeeper Fishley sends in an application for so many, and if I agree, the order is sent to the contractor, who executes the order, and he sends it to Oxford Court, and the storekeeper enters it in the duplicate stationery receipt book—the duplicate is sent to the head office, and then reaches me—if the order was for 30,000 and they were sent in in thousands, and there were only twenty-eight bundles we should question it, we should not count the contents of each bundle—they would be delivered at the stationery store, and there they would suppose that each bundle contained the specified number—the contractor sends his invoices in to me, and I should check them with the copy Toucher and then pass it on for payment if it is all right—I find on November 29th there was an application from the stationery department for 50,000 No. 170 forms—the order was sent to Clarkson to print and deliver them—I afterwards found out that he had delivered what he pretended were 100,000 forms—they were delivered to Mr. Fishley—I had nothing to do with counting them—on November 23rd I received an application from the stationery store for 30,000 No. 182 forms—it was sent on to Clarkson on December 1st for him to fulfil—I have no note of the 30,000 No. 79 forms—about December 10th a letter was received by the general manager from Burnes and handed to me—Burnes came to the office on December 16th, when a statement was taken from him—on December 17th this letter (produced), purporting to come from Clarkson, was received—Shakespeare made his confession on December 19th—Shakespeare did not know the contents of Burnes' letter; we kept it private—Clarkson and Shakespeare were arrested on December 19th—I was present then, and also when Burnes pointed out the paper on Clarkson's premises.
Cross-examined. The warehouse was searched, and a few things were taken away—there was nothing to identify the paper by—Clarkson could buy from the manufacturer, and it would be delivered in the same way as to us—we do not keep a stock of what goes through the stationery store; we have no stock book—we have a book in which we enter everything that comes in, and a second book in which everything that goes out is entered—we do not keep a ledger balance—we did not know what
amount at stock we had on our premises—before May, 1898, Shakespeare might have had to deliver paper out—it would be his duty to make an entry of what paper went out; it would be recorded in some book which Mr. Fishley would have under his observation from time to time—the excess ordered would be entered as well—we had no suspicion against anyone till we received Burnes' letter—the forms were sent all over the kingdom—the parcels would not be marked outside with the number of the contents; one tells the number from the size of the parcel—we had a complaint about the short numbers of the forms from one of our centres while this inquiry was going on—I do not remember one before that—Shakespeare had been with us nearly three years—I have never known an order sent to the printer without giving the quantity required—Mr. Fishley is not allowed to send orders to the printers—we do not suggest that the forms 170, 79, or 182, have been printed on paper from our place—we have had forms sent in from Clarkson printed on paper which has been taken from us—Partridge and Cooper do not make the paper; they use paper which is made for them—it must have got into our place by mistake—we do not know how it came into our possession—we buy our paper from various firms—we do not buy paper directly from Spicer; we buy from A. Ball and Co., and other firms—Clarkson could buy from them—we suggest that the people we buy from put in the ream of Partridge and Cooper by mistake—we knew we had the ream, and we missed it, and it was found on Clarkson'a premises—I do not know if Partridge and Cooper would sell their paper—when we got Burnes's letter we did not communicate with Clarkson, asking if he could give any explanation, we were investigating—between the dates we received Burnes's letter, and on December 19th we took deliveries of goods from Clarkson—I do not know how much, but I believe 182 forms—we thought then that he had been cheating us—I say the shortages must be very large—since Clarkson has been in custody we have counted some of the packages delivered by him, and found them short; we found one or two in excess of the quantities—we counted each form—we have no means of ascertaining that he had delivered forty-seven parcels instead of fifty—I am not giving Burnes anything now—I do not know anything about what is being done in regard to him—I saw him when he made his statement.
Re-examined. Statements were made by Wm. Robinson, Henry Miller, John Downes, and Mr. Fishley—the complaint about the shortage came from Scotland—I did not get the letter—one of out packers told me he had been blown up for short packing.
Tuesday, February 14th,
WM. HY. FISHLEY . I am a storekeeper in the employ of the prosecuting company in Oxford Court, Cannon Street, where I am in charge of the stationery store—I receive and signor the stationery stock—we have a printing establishment adjoining the store, where some of our printing is done—some of it we have to place outside, and Clarkson was one of the several persons employed by the company for the outside work—Shakespeare was my assistant—the stock is distributed to our various districts, and when the stock is running low we send a requisition to the head office for whatever we want, and if Clarkson was delivering the
order he ought to send the delivery note—sometimes it was not sent—the goods are entered at our stores in the duplicate stationery receipt book, and then the delivery note, with my receipt are sent to the head office—on November 23rd I applied to the head storekeeper for 30,000 No. 182 forms—on December 13 that they were delivered at Oxford Court with an advice note which purported to be for 30,000—the packets were counted, and there were only twenty-seven packets—I assumed there were 1,000 in each 'packet, and I altered the advice note—Broadbear delivered the twenty-seven packets, and I called his attention to it—he had a delivery book with him, and I altered the number there—the "3,000 to follow" was written by one of Clarkson's clerks—on December 15th 96 of 182 forms were delivered; the delivery note was for 3,000—this alteration from 3,000 to 96 on the note is not mine—when the boy arrives I check the delivery from his book—I see in this book (Produced) "96," which somebody has scratched out and put "95" over it; in our copy it is 3,000'—I cannot say why that "95" was put—it is a duplicate book, but the two copies do not correspond; it looks as if they had been written separately—on December 17th there were delivered 2,926 of 182 'forms; that was the way in which the 30,000 was endeavoured to be made up—that is altogether 30,021—I instructed the 27,000 to be counted—on November 29th I sent an application to the head office for 50,000 No. 170 forms, and on December 2nd these were delivered from Clarkson's by Broadbear—100 packets of the 170 forms purporting each to contain 1,000 forms—this (Produced) is the delivery-note for the 100 packets—I find here, the top item, that it purports to show the delivery of 50,174,. which would would be in accordance with the order—as I had received 100 packets purporting to contain 1,000 each, I applied for instructions at the head office as to what was to be done—I received my instructions, and on the same day 1 received from Clarkson this delivery-note for the other 50,000 forms, making up what purported to be the number—when they were counted some of them had been used—since May, 1898, Clarkson had made no application to me which would require any plain paper to be sent to him—we had all kinds of paper in stock—we keep Monckton's foolscap, crown court vellum, and extra strong bank—we do not keep a stock of Partridge and Cooper, but late in November we found we had on our premises, at Oxford Court, a ream of Partridge and Cooper; it was of a bluey tint—I did not see the ream subsequently found on Clarkson's premises—on December 1st a boy came from another contractor, Blundell Taylor, and in Shakespeare's presence I sent an issuer named Downes for a ream of paper, and to bring it to me—when I saw it was Partridge and Cooper's I told him to place it on the back, as he was not to issue that paper—I meant on the back shelf in the office where Shakespeare and I sat—Downes did so; I saw him—Shakespeare was present—I did not miss it until after this inquiry was instituted—in consequence of a statement I went to look for the ream on December 23rd or 24th and it was not there.
Cross-examined. I do not know what the 50,000 forms would work out at—this is Mr. Salmon's signature to this paper (Produced), and I presume is an order for 50,000 of 170 and 30,000 of 182 forms—(Read: "Please send to the address of this company at Oxford Court, 50,000
forms 170, £4 4s.; 30,000 182, £2 10s. the lot"—I do not dispute those prices—"Urgent" meant that we wanted them quickly—this is my signature for the receipt of 50,000 170 forms on December 2nd—this is my signature for the other 50,000—we got more than 50,000 on December 1st, and we had the excess order in our possession when he was I arrested—we have used some of them, the rest we have got—the order for the 30,000 was completed by Clarkson, but not on the exact date——when an order was signed "Urgent"—Shakespeare was generally the man who took the orders over to Clarkson—Shakespeare would have a legitimate reason for frequently going over to Clarkson; he would go once or twice a week—he might go over between five and six—I was brought before Mr. Littlechild, and asked questions by him which I answered, Barnes was not within hearing then, Mr. Salmon was—I never saw Barnes till I saw him at the Mansion House, or Carter or Clarke—I do not remember orders being given that after May 6th, 1898, no paper was to be given to Clarkson—I am prepared to swear that after May 6th no paper to my knowledge was borrowed by Clarkson from the National Telephone Company for urgent orders—it was never reported to me by Shakespeare that Clarkson had applied to him for paper—if he had done so it would have been Shakespeare's duty to have told me, and it would have been booked out—Shakespeare was acquainted with the order about not giving paper out—I might have had it, and not recollected it—I have heard that there are job lots of paper purchased sometimes—we never buy job lots—I do not know how the ream of Partridge and Cooper got into our store—we never use that paper ourselves—it was put on a shelf with a lot of things—everybody knew where it had been put—it was put away until we had instructions what to do with it—we had had it ever since I have been there—that is nearly two years.
Re-examined. I do not know if the Partridge and Cooper is manufactured by Monckton's.
CHARLES WILLIAM SALMON (Re-examined). For 20,000 of No. 170 forms the price is £1 14s. 6d.; for 50,000, £4 4a—that is the amount in this case, and for 100,000, £7 12s. 6d.—for No. 182 form, £l 16s. for 20,000, £2 10s., for 30,000, and £4 4s. for 50,000—the wholesale price for a ream of Partridge and Cooper would be 11s.—we do not buy it—we do not buy 170 or 182 plain; it is always printed on first—those prices include the paper and the printing—the crown court vellum is 10s. 1d. a ream, the extra strong bank 13s. 10d. per ream, the azure laid W.T.C. is 13s. lid. per ream, large size.
Cross-examined. Anybody can buy from Monckton's—we buy from Caukerdale's.
JOHN DOWNES . I live at 3, Spring Gardens Place, Stepney, and am an issuer, employed by the prosecuting company—I pack and send off paper used by the company—on December 13th I counted some of the twenty-seven parcels purporting to contain 1,000 each of 182 forms—I counted packages 1 to 6, and each was short in the 182 forms, and also packages 1 to 90 of No. 170, which were also all short—one package was as low as 778—at the end of November or the beginning of December some paper was sent for from Blundell Taylor's, and I went to search for
some of Monckton's foolscap—I opened a parcel which I thought was Monckton's, and found it was Partridge and Cooper's—I showed it to Mr. Fiehley in Shakespeare's presence—I was told to put it on a shelf at the back of the office where they sat—that is the last I saw of it.
Cross-examined. The whole of the twenty-seven packages were counted—I counted some of them—none of them had been used—I counted them on January 3rd—one package contained 980—in the six packages there were 5,696 instead of 6,000.
HINEY EOBRTOV . I have been for nearly three years issuer in the stationery department of the prosecuting company—about the middle of December I got into a little trouble about the deliveries being short, at some of our branches, and counted the number of tickets delivered to Clarkson: there were 182—turning to document J. H. I counted seven, and with one exception they were all short, in that there was an excess of 72—I counted nine of the 170 parcels, and they were all short—the shortage ranged from 776, the lowest, to 960 the highest: total shortness 504—on December 14, when there was a delivery from Clarkson of 182 forms, I received them; there were only 123 packets, and in consequence of a complaint they set me to count them, and they were short—Broadbear was there—not only were the parcels short, but the contents of the parcels.
Cross-examined. I counted the 182 on the Thursday or Friday before he was arrested, and the others about the Wednesday following Shake-speare's arrest, following December 19th—the whole 182 packages were together—the 27 packages were all there—I counted seven of them, and my suspicions were aroused—we were sent off to count the lot, and we counted seven—I have got the total of the seven.
HARRY MONKHAM MILLER . I am a packer in the prosecutor's employ—J have seen Broadbear when he was delivering, speaking to Shakespeare, who has gone up the area stairs, and Broadbear also—I have seen Shakespeare go up into the office and have gone up and spoken to him—I was among the counters; I counted 1, 2 to 7, and each was short; but in one instance there was an excess of 1047—I did the 170—there were only 9 on the sheet, they were all short, and some very short—167 was the lowest.
WILLIAM ROBINSON .—I am a packer employed by the prosecuting company—I counted 3 of the 182 packets, they were all short, and contained 916, 920 and 924—in exhibit "O" 905, 946 and 964 were all short.
WILLIAM EBENEZER COWARD . I am employed at Spicer Brothers, paper makers, of 19, New Bridge Street—on December 16th I delivered to Burnes a ream of paper; this is the order (Froduced)—on December 7th I supplied to Clarkson seven reams of the same paper at the same price—there are 3,840 of these blue ones to a ream, without spoils.
Cross-examined. I had been in the habit of supplying Clarkson with paper from time to time, and no doubt we have supplied this paper, small orders at a time, £1 10s. to £3.
given into my custody charged with stealing four reams of paper, on or about December 1st, value £3—he said, "That is right"—he was taken to the station—shortly after two o'clock on the same day I went with Mr. Salmon to Garlick Hill, and saw Clarkson; I said, "I am a City officer, this is another officer"—Mr. Salmon said, "Yes, Mr. Clarkson, I shall have to give you in custody for receiving four reams of paper on or about December 1st"—he turned to me and said "This is a very serious matter"—I said, "Probably it might be"—I stepped into the warehouse and brought in four reams of bank vellum paper, and said, "Where did you get this paper from?"—he said, "I do not know about the sales; am I going to be charged?"—I said, "Yes"—he said, "Can I see my solicitor?"—I said, "You can send for him"—I took him to Cloak Lane Station, where Shakespeare was, and they were charged with stealing and receiving the paper—neither of them made any reply—I afterwards went to the warehouse with Burnes, who pointed out eight reame in two portions, two of which were open—they were the crown court vellum, and one ream of Partridge and Cooper's paper, at 10s. a ream, "Monckton's make," in pencil on it, no doubt in Clarkson's writing—I brought all those away—I saw Clarkson in his cell the same day—he asked if he could see his chief clerk Fuller—I said, "Yes," and took him there—he said, "Fuller, I am charged with stealing two reams of court vellum, if I have borrowed two reams it should have been sent back, I suppose that was not done."
Evidence for the Defence.
WILLIAM THOMAS CLARKSON (The prisoner). I have been four years in business for myself as a printer and stationer—prior to that I worked as traveller to people in the same trade—I began to do work for the Telephone Company a little over two years ago—it commenced by my tendering for a contract, and continued off and on till my arrest—the work consisted principally of these printed forms—when Burner came into my service. I did not tell him he was to assist in packing up shortage—there is no truth in it whatever, nor is it true, as Carter says, that he said the same thing to him—I never asked Clarke to give false evidence in the witness-box, and never bribed them or induced any of the three to be parties to a fraud—they never complained that I was putting them in a wrong position—when the delivery of 27 packages only, of 182 forms was discovered I gave orders for the deficiency to be made up—I have never up to the present time had any charge made against my honesty and respectability—if I frad not supplemented this missing one the value of them would have been 5s. or 6s.—the net profit on the 30,000 would be about 8s.—they cut it very fiue on these contracts—these are casts—I should keep a few forms in stock—I have to pay for the paper, the ink and the labour, and that leaves me about 8s. profit—I had urgent orders from the Telephone Company to get on at once—they would want some 79 forms or 170, and bring the order in at mid-day and want them the same afternoon, and we sent them by bits as they were worked off, to dispatch them into the country—I have borrowed paper of the Telephone Company through Shakespeare from time to time in cases of emergency, and it ought to have been returned—my clerk, Burnes, had to send to Spicer's for paper to work the 30,000
on, and they would send me an invoice—Shakespeare afterwards brought me orders by hand from the Telephone Company; he came over two or three times a week—I kept the parcel that was put in, to get the proper signature for all that I delivered—I do not know where I got the roll of Partridge and Cooper's paper; but I imagine that I bought it at a sale—during the last two years I have bought £500 worth at sales—I pay cash for it and take it away—it contained miscellaneous qualities and sorts of paper—it was Burnea's duty to enter in the stock book all the paper he saw on the premises—I have not invoiced the extra 50,000 to the Telephone Company, and as far as I know they are there—I have given Shakespeare dinner and lunch money, but 25s. a year would be as much as I spent.
Cross-examined. I first knew Shakespeare about two years ago, about the same time as I began to work for the Company; someone else came to my office at first, but he has come for about twelve months—I used to go times and not give him lunch at all, it began about twelve months ago—I knew he was an employé of the Telephone Company—I did not know that an entry would be made of small parcels of paper, such as Partridge and Cooper's—I did not know that they counted the packages; Shakespeare did not tell me—being in ignorance, I did not habitually send back my forms short of the number—I doubt its truth—it is not a true account—Burnes comes here to tell a falsehood, and Carter and Clarke, and the National Telephone Company, have told falsehoods—I had an order for 30,000 forms in November, and I ordered from Spicer Brothers on December 7th seven reams of paper; this is the order for it (Produced)—each ream of paper will produce 3,840 of these forms without spoilings—seven reams would work out to 26,480—I did not order the paper, and am not responsible for the order—it is Broadbear's initials, I think—my clerk would give the order, not without my authority, but I was ill, and was only up for three hours a day—I did not hear that an inquiry was going on till Friday, December 16th, the day before my Arrest, but I heard that complaints had been made by the packers at the company's office—I heard that Burne had threatened to complain; I think that was on the Tuesday before the Saturday that lie left—that was not the very day on which I ordered another ream of the same paper to make good the deficiency; it was to make up the 182—I adhere to that date—it would be the same day of course—I saw the order book and saw that enough had not been sent in, and I got another ream—that is called "blue laid"—I kept no stock; I ordered as I required it—this (the order for the extra ream) is my clerk Fuller's writing—these two documents are written by the same person only one is larger than the others—one is dated December 7th and the other December 16th—I wrote the letter of December 17th myself—this letter (another) is Fuller's writing, but the signature is mine—I may have seen Shakespeare in the week ending December 12th, but I cannot recollect—I did not hear that Burnes had written a letter to the Telephone Company till after my arrest—I think I heard that someone had; I do not know when—I did not on December 13th hear of it and speak to Burnes as to a letter being sent to the Telephone Company; I simply asked him if he had got another job because I had got another man coming
who disappointed me for a week, and I might give Burnes another week's work—Burnes was the dishonest workman I referred to in my letter of December 17th—I only asked him to stay for my convenience, tire complaint was about his carelessness then—I did not know on December 16th that I had been doing wrong, and had been found out, nor was all this hurry in order to make some excuse for myself—no person in my employment could do anything of the sort except by carelessness or malice—I was charged at the station on the 19th with the commission of this offence.
By the JURY. Shakespeare could put business in my way or he could take it to another dealer.
The prisoners received good characters. SHAKESPEARE— GUILTY .— Four Months' Hard Labour. The Jury being unable to agree as to Clarkton were discharged without giving any verdict, and hit ease was postponed to the March Sessions.
Before Mr. Common Serjeant.
MR. STEWART Prosecuted.
GUILTY — Eighteen Month' Hard Labour.
MR. OLIVER Prosecuted.
WILLIAM PHILPOTT . I am a draper, of 1, Palmerston Road, Waltham-stow—on January 23rd, about 1.45 p.m., the prisoner came in for a silk handkerchief—I said he did not want one, he had not worn out those he had the previous week—he said he had never been in the shop before—I called in my daughter and asked her in his presence if this was the lad who had been the week before—she said, "You are the lad who stole the silk handkerchiefs from me"—I gave hira into custody—on the previous Thursday I was away, and when I returned my daughter made a communication to me—the value of the property I lost was 10s. 6d.—I did not know the prisoner—I locked the shop door—my little girl first recognised him.
FLORENCE PHILPOTT , I am the daughter of the last witness—on January 17th I was left in charge of the shop—about 5 p.m. the prisoner came anct asked for a cheap silk handkerchief—I got a box down, but he did not care for them, and said he would go to a higher price—as I turned to get another box he took seven out of the box and ran off—my filter was walking through the shop—when my father came home I told him—I am sure the prisoner is the boy—he was accompanied by a short boy I have not seen since—both were strangers—they ran away together.
17th, about 5 p.m., I was walking through the shop—I saw two lads looking at some silk handkerchiefs—they ran out—I am sure the prisoner was one of them, I recognised him when he came the second time before anyone spoke.
EDWARD TURNER (252 N). About 1.30 on Monday, January 23rd, I was called to Mr. Philpott's shop – the prisoner was given into my custody charged with stealing seven silk handkerchiefs—I told him I should take him into custody—he said he was at Camberwell at the date mentioned—I took him to the Police-station—he was charged and searched—nothing was found with regard to this case.
Evidence for the Defence.
ROBERT ANDREWS (The prisoner). I live at 2, Somerset Road, Queen's Road, Walthamstow—my mate told me this shop was the best place to buy silk handkerchiefs—I had only been there once—it is half an hour's walk from my house—this is the first time I had been in the shop—from the Monday to the Wednesday I was at Camberwell in a friend's house.
Cross-examined. I was visiting Mrs. Clark, a friend of my mother—I was there on the Tuesday and Friday—I walked about at night—I slept at the Free Library in the Walworth Road in the day—I saw Mrs. Clark at 2 on Tuesday, and left at 4—I had dinner with her—my friend was with me—he waited outside the two hours—I know Mrs. Clark has written that she had not seen me since the 13th.
GUILTY .—He then PLEADED GUILTY to a conviction at this Court in November, 1898, and another conviction was proved against him.— Fourteen Days' imprisonment and Three Years in a Reformatory.
Before Mr. Recorder.
191. WILLIAM GUEST (24) , Stealing a van, the property of Wm. Muskett. The prisoner stated in the hearing of the JURY that he was guilty, upon which they found him GUILTY.—He then PLEADED GUILTY to a conviction at Kingston on October 17th, 1893, in the name of William Shore.— Judgment respited.
Before Mr. Recorder.
192. THOMAS FULLER (41) PLEADED GUILTY to three indictments for forging and uttering receipts for 11d., £3, and 10d., also to feloniously personating John Harper with intent to obtain £3.— Twelve Months' Hard Labour.
Before Mr. Common Serjeant.
MESSRS. HUTTON and STEWART Prosecuted.
GUILTY .— Six Months' Hard Labour.
MR. DAVIES Prosecuted.
GUILTY .— Twelve Months' Hard Labour.
197. GEORGE GREENWOOD (17) , to stealing a glass dish and 2s. 3d., belonging to Henry Redgrave, and to assaulting Charles Leven with intent to resist his law-ful apprehension and occasioning him grievous bodily harm. Three former convictions were proved against him.— [Pleaded guilty. See original trial image.] Twelve Months' Hard Labour.
198. JOSEPH WRIGHT (16) , to stealing a glass dish, having been convicted at this Court, in April, 1898, of uttering counterfeit coin.— [Pleaded guilty. See original trial image.] Three Months' Hard Labour. And
MR. TORR Prosecuted.
NOT GUILTY .
MR. RAVEN Prosecuted.
THOMAS JOHN NASH , I am a carman, of 21, Staple Street, Bermondsey—on December 25th, about 6.10 p.m., I was crossing Weston Street into Elam Street—I heard a scuffle, and saw a soldier and a civilian walking towards me—I walked on—in a few minutes the soldier came alongside and struck me in the eye with a stick like this (produced), and called me a "f—g bastard"—the prisoner is the man—I had seen him fighting in Long Lane with another man, and I had stood by some ten minutes—I went to the hospital—my eye was removed—I was detained three weeks in the hospital—I had had no quarrel with the prisoner.
CHARLES REASON . I am a barman at the Ship in Long Lane—I saw this occurrence about 6.10 p.m. oa December 25th m Weston Street—I had seen the prisoner before that morning in Weston Street—I am sure he is the man who struck the blow. CHARLES BOOKER. I am house surgeon at Guy's Hospital—on Christmas evening I examined the prosecutor, who had a wound on bis right' eye—it might have been produced by a blunt instrument like this (Stick produced)—the eye was burst, but not cut—he was kept in the hospital
and the eye removed a few days afterwards by one of the surgeons—he left on January 6th—the eye was useless and a disfigurement.
SAMUEL LEE (Police Sergeant M). On December 26th I saw the prisoner at the King's Head, Abbey Street—I told him I was a police officer, and was going to charge him with causing grievous harm to the prosecutor, and blinding him—on the way to the station he said, "I was in a fight at dinner time. I did not hit anyone with my stick"—he was sober—when charged he said, "I do not know what you mean"—at the police-court the next day on being removed to the cells he said, "I was not there at all, I was at home with my father, and I can prove it."
CHARLES REASON (Re-examined). I am sure the prisoner is the man—I next saw him at the Southwark Police-court in the dock—when he was fighting I was looking at him five or ten minutes, and I saw him running after the prosecutor.
The prisoner in his defence said that he was in doors having tea at the time. GUILTY .—He was stated to bear a good character in his regiment.— Eighteen Months' Hard Labour.
202. ARTHUR BRIGGS (32) , Feloniously personating George Pine with intent fraudulently to obtain from Thomas Neary two cheques; and PERCY HAJGH SENIOR (36), SIDNEY JAMES STREET (32) and ARTHUR RUSCONI (38) , feloniously aiding and abetting Brigg to commit the said felony. BRIGGS PLEADED GUILTY .
MESSRS. C. MATHEWS and MUIR Prosecuted; MESSRS. OVEREND and STEWART defended Street; and MR. BLACK defended Rusconi.
THOMAS NEARY . I am a tailor, of 4, Hanover Street, Hanover Square—prior to November 8th I knew Senior as a customer—on that day he came to my shop with Brings, representing him to be Mr. Pine, of the Fish Docks at Grimsby, who wanted a suit of clothes—my foreman measured him, and he ordered about £13 worth of clothes after a conversation Senior said he was going to telegraph to some friends to dine with him at the Hotel Cecil—after Senior went out Briggs asked me if I would cash a cheque for £27 17s. 9d.—after consulting my clerk I agreed to cash it—I handed in exchange these cheques for £7 10s. and £20 7s. 9d.—I saw my clerk hand him a pen, and him in the act of endorsing the £7 10S. cheque, and afterwards the cheque with the name appended as it is now—he complained of Senior not returning, and left a message for Senior to meet him at the club—Senior afterwards came back, and said he had been to a jeweller's shop, and showed me a stud which he said belonged to his wife, and was worth about £50, and hence the delay—the next morning I had an intimation with regard to another matter, and telegraphed to Senior—a cheque was returned that day—the cheque was paid into my bank the next morning by my clerk—it was returned I think on 10th, marked "No account"—I wrote and telegraphed to Senior about it—I received this reply in this envelope dated November 11th: "Dear Sir,—Your wire has betn sent on to me here from Paternoster Row. I do not know what you want to see me so urgently about as to wire me, but I shall be back from Liverpool to-night or early morning. If this reaches you in time back Laughing Girl"—I was not backing any horse—I wrote him again—I got this reply dated
November 14th from London: "I have just returned from Liverpool, and left Mr. Pine there. I will call on you on Monday.—In haste, yours truly, P. A. SENIOR "—the post-mark is the "12th"—my two cheques were cashed through my bank, and debited to my account.
Cross-examined by Senior. There was no mention of a cheque when you introduced Briggs for clothes—Briggs ordered a frock coat, waistcoat and overcoat—the cost was £13 16s.—I cashed his cheque on the credit of your recommendation, I had not seen him before—you said you had done extensive business with Pine on the pontoon at Grimsby—I might have trusted him if you had introduced him as "John Smith of Grimsby," and if I had seen "John Smith" on the prospectus your friend so lavishly left about of George Pine—I remember your agent, Mr. Hunt, calling—he represented himself as a solicitor; but Mr. St. Clare he referred me to said he was not, but that he was his clerk—£7 was tendered me, which I declined—I received letters from you—I have heard you have given a power of attorney to pay me. (Other letters were produced at the prisoner's request).
Cross-examined by MR. OVEREND. I know nothing of Street or Rusconi.
ALBERT CHARLES HOLLIS . I am bookkeeper to Mr. Neary—on November 8th I remember Senior calling with Briggs –I heard Briggs introduced as Mr. George Pine, of the Fish Docks at Grimsby—Briggs asked Mr. Neary to change the cheque produced—I saw Briggs endorse it—it was afier Senior had left—Senior left this prospectus in Mr. Neary's office—I put my name on the back—that is my writing—the cheque came back marked, "No account"—after that I saw Senior at our office several times—Rusconi was with him on one occasion—that was after another cheque hod come back—both cheques came back the same day.
Cross-examined by MR. BLACK. Rusconi said he had served Capel, who drew the cheque, with a writ for £50 or £60.
GEORGE WILLIAM PINE . I am a fish merchant at Grimsby—I consulted Senior about forming my business into a limited company—this is a copy of the prospectus prepared by him—he was to be a director of that company, and of Hopper Dyer, Limited—I did not authorise any-body to order clothes in my name at Mr. Neary's shop, nor endorse my name upon a cheque—the signature on this cheque is not mine—I did not know Briggs—I had a communication from Mr. Neary, and went to see him.
WILLIAM CLEMOW . I am manager of the Mitre public-house, 62, Bishop's Road, Brixton—I have seen Street and Rusconi—I cannot remember seeing Rusconi with Street—this is my signature to my deposition before the Magistrate—it was read over and signed. (This stated: "I know them as customers and companions.")—I am not a ware that I have ever seen them together—I know them as customers and companions—I have met them at the place of business; that is the only time I have seen them together—they were not together that I am aware of—I have a slight knowledge of Rusconi—I cannot say why I told the Magistrate that I knew them as companions—on November 8th Street presented this cheque—I understood he got it from a West End money lender—I believe that is what he told me—he asked me to make a special clearance of it—I asked him if it was all
right—he paid me half-a-crown for special clearance by telegram, and mentioned something about an open cheque—he owed me a sovereign, and I gave him the balance, £6 10s., at once—he said he would call again, but he did not—it was endorsed "G. Pine" when brought to me.
Cross-examined by MR. OVEREND. The prosecuting Counsel used the word "companion" before the Magistrate—I never knew them as companions; I knew them as coming to the public-house, where we meet many people—he said the cheque was given by a West End money lender—he said it did not belong to him; that he knew the drawer, Mr. Neary, and it was all right; that Mr. Joyce, a well-known actor, had offered £7 for it, but it was no good.
JOHN CHADWICK . I am a ledger clerk to the London Banking Corporation, Limited, of 32, New Bridge Street, which was formerly the London Banking and Assets Corporation, Limited—this cheque "F" was issued in a book of 50 on January 25th, 1892, to Sidney T. Street, who was then a customer—I produce a copy of the entry in my book, relating to it—the account was closed on October 10th, 1894—it was presented at our bank on November 10th last, and marked "No account"—the name "J. Barrett" that is on it is not the name of any customer of ours.
EDWARD JAMES RAND . I am a clerk to the London Banking Corporation of New Bridge Street—the defendant Street is the person who had an account at the bank in the name of Sidney James Street about six years back—he is the Street to whom the cheque book was issued in 1892.
ARTHUR MURRAY BRIGGS (Theprisoner). I have pleaded guilty to this indictment—on November 8th I was at Peele's Hotel in Fleet Street with the other prisoner about two or three p.m.—we were discussing ways and means of raising money and meeting our liabilities, when the suggestion was made that it was possible to raise money on the prospectus of Pine, who was owing money to Senior for a bill of costs amounting to £30 or £40, and Senior thought we might get a cheque cashed in the name of Pine—at first I was averse, but after hearing the arguments, and that Senior's writing was known by the party to whom he would take it, and the others not being well enough dressed, it was suggested I should personate Pine—thereupon the cheque now produced for £27 17s. 9d. was handed to me—the form came from Street—he took it from his pocket, loose—I then borrowed a pen and ink of the barmaid and wrote "Geo Pine" in my ordinary writing—one of the prisoners pointed out that the cheque was made out to George Pine in full, and I wrote "George Pine"—the cheque was then as it is now with the exception of the endorsement "No account"—I saw the form before it was filled up at Peele's Hotel—it was handed to Kusconi, who left the bar—I did not see it again till it was returned to me filled up—he returned, but who handed it to me I do not know—I never saw Rusconi write before to my knowledge—he and Senior suggested I should personate Mr. Pine – I came away from Mr. Neary's shop with these two cheques in my possession for £20 and £7 10s.—the £7 10s. cheque I handed to Street—Senior was present—the £20 cheque I cashed at the London and County Bank—Senior went with me to the Square—£10 was paid away for liabilities, and Senior and myself took £5 each—I never saw anything of the proceeds of the £7 10s. cheque—I never saw Street again till I saw him in the dock.
Cross-examined by Senior. I swear you were at Peek's Hotel thai afternoon, and that the suggestion that George Pine should be personated came from you.
Cross-examined by MR. OVEREND. I have before pleaded guilty to a charge of false pretences and sufferedtwelve months' imprisonment—I was never again in trouble—my sentence would not have expired till tomorrow—I had four months remitted by the Home Secretary on account of an alibi—there was a double charge of cashing a cheque that came out' of a cheque-book that had been stolen—a similar offence to this, but not impersonation—at the time we were discussing means I had no money—I was more or less living with Senior—Street and Rusconi, I should say, knew nothing of what was going on between Senior and myself as to how the moneys were divided—I did not hear anyone ask Street for a cheque,—I saw these and other cheques produced in an envelope—I did not see the cheque tilled in—I left London, and never saw any of the parties again—I did not go to Liverpool because there was a warrant against me—I am aware I am wanted at Plymouth—there is only one warrant against me.
Crost-examined by MR. BLACK. I introduced Rusconi to Senior—I believe a Mr. Farmer introduced Rusconi to me—I said I was going to work with Senior several matters of business—Rusconi inquired at public-houses about Senior—I did not fill up the body of the cheque—I have made a confession to the police from conscientious motives—at the time I was arrested I was in the honest employment of a chartered accountant—my confession is the result of geninue repentance—I wished to assist the ends of justice.
THOMAS HENRY GUBRRIN , I am an expert in handwriting, of 59, Holborn Viaduct—I have considerable experience—I have examined all the documents put before me—I have formed the opinion that the writing on this cheque is the disguised hand of the person who wrote this letter and the two envelopes.
Cross-examined by MR. BLACK. The witness pointed out that the dis-similarity in the angle of the strokes did not alter his opinion, each specimen having the same characteristics.
WALTER JOHNSON . I am one of the firm of Johnson and Graham, public house brokers, 5, Vernon Street, Bloomsbury—I know Senior, Street and Rusconi—Rusconi introduced Senior to me as Seymour, and I understood that he occupied the White Hart at Orpington, and that he was looking out for a public-house; that Street used to be a publican, and that Rusconi was the same—I have twice paid Rusconi small commissions by the two cheques produced, drawn to him, or order," and endorsed by him.
Cross-examined by MR. OVBKEND. I have known Street about twelve years—he met with misfortunes, which caused him to give up the' licensed victualling trade—he bore the character of a respectable man.
Cross-examined by MR. BLACK. Rusconi had been a public-house proprietor—the name of one house was the Black Horse—he has since
travelled about effecting the sales of public-houses—he was honest so far as I knew—Street introduced Senior as in want of a public-house called the Royal Oak, Brixton—Senior and Rusconi went and examined the house—Rusconi would have had a commission if the sale had come off.
Mr. Guerrin having further examined the endorsements on the two cheques produced by Johnson, said he believed that they and the other three documents were the hand of one person, and being further examined by Mr. Black, he pointed out the similarities, especially in the capital "P" admitting that experts differed, and that he did not pretend to be infallible, but adding, "I am expressing my conscientious opinion."
ALFRED SHEPHERD . I am a clerk, of 52, Melbourne Grove, East Dulwich'—I made Senior's acquaintance last Easter, at Battersea—I did clerical work for him from time to time—I have seen the prisoners—I have seen Street and Rusconi together a dozen or eighteen times in various places, and together with Senior perhaps a dozen times—on December 3rd I went to various public-houses with Street and Rusconi trying to cash a cheque—I did not succeed—they waited outside.
Cross-examined by MR. OVEREND, I am a solicitor's clerk—I am out of employment—I did not have a salary from Senior, I was waiting till he furnished an office in London Wall—I was not a common errand boy—he asked me to take messages, and I did—he gave me a shilling now and then—I have no friendly feeling towards Senior, I have come to tell the truth without feeling of any sort—the cheque was for £5, and drawn by Wilson.
WALTER CHARLES WICKS , I am manager to John Sainsbury, provision merchant, 87, High Road, Balham—I knew Senior as a customer About two years and a half ago—he called at the shop on December 9th and asked me to cash a cheque—Rusconi was with him.
JOSEPH PENGBLLY (Police Sergeant). About 6.30 on December 10th I arrested Senior on another charge—I afterwards mentioned the cheque given by Briggs on November 8th to Mr. Neary—on December 24th he made a statement, which I took down, and he signed, and he initialled every page. (The portions of this statement which was read were: "That day November 8th, I called at two or three places in the City with my clerk, Shepherd. I believe I signed the telephone agreement that day. Afterwards I returned to the Imperial Club, where I met Briggs, who took me to the Mitre public-house, Chancery Lane, where we met Street and Rusconi. Street practically apologised for his suspicions. Briggs told me in the presence of the others that he had got a small cheque, and if I would go up and introduce him to Neary for a suit of clothes he would try what he could do with Neary. We took a cab and drove to the Hotel Cecil, had drinks, and Briggs wrote a letter to his wife, which he read to me in the cab as we were driving thence to Hanover Street, Just before we got there he said, 'You had better introduce me in the name of your friend, Pine of Grimsby, and leave the rest to me.' I remonstrated with him against doing this; but in the meantime the cab had pulled up outside the shop. I introduced him to the cashier as my friend, Mr. Pine of Grimsby. He stated that he wanted an overcoat and vest, looked at some cloth, and pulled out of his pocket one of my prospectuses of George Pine and Co., Limited, which I did not know he
had, but I subsequently found out that he had obtained it from the manageress of the club, in whose charge I had left a bundle of papers. I left Briggs in the shop selecting his cloth, and went to the post-office in Regent Street, also to a jewellers to fetch a brooch which had been repaired and cleaned. When I returned to Neary's shop Briggs had gone, but left word with Mr. Neary that he had gone to the Hotel Cecil, and from thence to the club. Neary never said a word to me about the cheque. I took a cab and went to the Hotel Cecil; he was not there. Street stopped my cab as it was turning out of the Strand into Chancery Lane, and discharged the cab at the Rainbow. While we were speaking Briggs walked down Chancery Lane from the direction of the club. We went into the Rainbow, had drinks, and Briggs produced the cheque No. X22434 for £7 10s., drawn by Neary on the London and County Bank, Hanover Square, in favour of G. Pine, Esq. At this time the cheque was endorsed by G. Pine, and it is in Briggs' handwriting. Briggs asked me if I knew where to get it cashed. It was then about 7p.m. I suggested Stanley, the Windsor, Strand, as he was the only person I knew. We went there, but Stanley was not there. Eventually Briggs handed the cheque to Street, who said, 'I can get it cashed at a public-house (the name of which I have forgotten) at Brixton where I frequent,' and it was arranged that he was to meet us at the Windsor at 10 a.m. on November 9th. Street did not keep the appointment, and I did not see him until the following Saturday at 12, when he said to Rusconi and me, 'I was nor able to get all the money for the cheque as they were short, but I have got £4, and I have given Arthur Rusconi £1; I shall get the rest on Monday, and will settle with you,' which he failed to do. Rusconi, however, told me subsequently that Street had given him another 17s. 6d.," and "'This statement I make of my own free will without fear, and without any promise having been held out to me, and I am willing to testify to the truth of it on oath'")—I arrested Rusconi on January 10th in Princes Street, Bedford Row, Holborn—I had the warrant the previous day—when I arrested Senior in Sainsbury's shop Rusconi was with him—on January 10th I arrested Rusconi—I told him I was a police-officer (he knew me as a matter of fact), and that I held a warrant—he made no reply—the warrant was for obtaining money from Wicks and others.
Cross-examined by MR. BLACK. I have known Street as a respectable man—he was present when I arrested Senior—Rusconi was arrested in consequence of information laid before the Magistrate and partly in consequence of Senior's confession.
ELIAS BOWER (Detective Officer). About 10 p.m., on January 2nd, I arrested Briggs—I was with Pengelly—I arrested Street on January 9th, in the Prince of Wales' Feathers, Wheatsheaf Lane, Lambeth—I read the warrant to him—he made no reply—it charged him with unlawfully, by false and fraudulent pretences, obtaining from Thomas Neary £27 17s. 9d., with intent to defraud—at the Police-station I showed him cheques marked M. F. and X—with regard to "F" (£27 17s. 9d.), I said, "We have ascertained this cheque came from your bank-book, which was issued to you, and that within three hours of it being uttered, you cashed the cheque for £7 10s.; given in exchange for it, at the Mitre public-house, Bishop's Road, Brixton"—he repeated, "Yes, that is right, but I gave them £7 10s. for
it"—I said, "We are going to search your house, and try and find the cheque books"—he replied, "You won't find them, I let James Badger, whom you know, have some office furniture some years ago, and he had the cheque books, and I have not seen them since"—I said, "Then it amounts to this, you allege these cheques came from Badger, and not from you?"—he replied, "Yes, that's it."
JAMES BADGIR . I am a commission agent, of 11, Bond Street, Yaux-hall—I have known Street since 1897—about October, 1897, some office furniture came into my possession—some of the drawers in a table were locked—they were afterwards opened—I never saw any cheques in them—I have not seen cheque "F" before.
Cross-examined by MR. OVEREND. I have been in the dock; only once: for conspiracy—I served eighteen months—I agreed to pay Street a certain amount for the furniture—I paid a portion—the solicitors arranged a charge on some land, but it had nothing to do with me—I did not open the drawers; I had no key—I paid £12 10s. one day—I did not give a charge for £65; he obtained it through Mr. Benham—that I found any cheque-book of the London Bank Corporation is absolutely false—I never had any cheques from the drawer.
Re-examined. I had an office with the furniture in for about two months—Street was arrested—he was going to assist me in paying the rent and making use of the office—my conviction was in 1895, and Street's in 1897—I believe the drawers were forced by Ambrose Fish, of the firm of Wreford and Harding—I was shown the papers—there was nothing like cheque-books.
Evidence for the Defence.
PEBCY HAIGH SENIOR (The prisoner: sworn). I desire to refer to the statement I gave to the police on December 24th, and with reference to the porti n read to pledge my oath to its truth: referring to the statement of Briggs that the four of us charged here were at Peele's Hotel,. there is not a word of truth in it; I never was with them at Peele's Hotel—there was no such discussion as Briggs swore to at Peele's Hotel or else-where as to ways and means, nor as to the prospectus of George Pine. I produced no bill of costs that day for £30, £40, or other sums—I never made out a bill of costs against Pine, and never had one. The terms I was on with Pine were other than a bill of costs—no suggestion was made by me to Briggs to personate Mr. Pine. The first time I saw the cheque for £27 178. 9d. was when I called at Mr. Neary's with Rusconi, after Mr. Neary had written me to call upon him with reference to that cheque being dishonoured about 4 or 5 o'clock when his manager explained Mr. Neary was out, and when Mr. Neary was out and when Mr. Neary afterwards produced the cheque. That I told Mr. Walter Johnson I owned the White Hart at Orpington is true—I filed a petition in bankruptcy – at that time I was practising as a solicitor at Nottingham and Leeds, but I elected to file the petition at Croydon. I have not practised as a solicitor since the bankruptcy. I was introduced to Rusconi at the Royal Oak public-house by Walter Graham as their customer. On the prospectus of Hooper, Dyer and Co. and of Pine and Co., my name appears as a director. I was chairman of Hooper, Dyer and Co. at the time of my failure, and for ought I know to the contrary, I am now. When I saw the cheque given to Mr. Neary was marked "No account"
I sent by Mr. Hunt all the money I had about me to deliver up on account. I subsequently negotiated through Mr. Hunt, the agent of Mr. John Clear, a solicitor, of 33, Chancery Lane, with the hope of arranging terms with Mr. Neary, who declined to accept £7 and would not agree to wait a few days, and I was committed for fraud. I have been endeavouring to raise money to take up the cheque, unsuccessfully to the time of ray arrest, but have since been successful, and on January 28, at Holloway Prison, under permit received for that purpose from the Home Office, I executed a power of attorney in favour of the same Hunt, who knows all about the matter, authorising and directing him, out of a sum of £166 13s. 4d. due and payable to me, to pay, amongst other liabilities, this cheque, and I so, stated to the Magistrate before I was committed for trial here.
MR. MUIR proposed to cross-examine the witness about oilier cheques, to show guilty knowledge and fraudulent intent in connection with the cheque charged—Senior objected on the ground that he had limited his evidence to the present indictment of per sonation, and that his answers might tend to incriminate him—MR. MUIR submitted that lie was clearly within Section 1 Sub-section f of the Criminal Evidence Act, 1898, 61 and 62, Vic. c 36, which said "A person charged and called as a witness in pursuance of this Act shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of, or been charged with, any offence other than that wherewith he is then charged, or is of bad character, unless (i) the proof that he has been committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged." He contended that, the prisoner having elected to go into the box, the evidence was admissible, as going to prove the offence with which he was charged, and the prisoner could not therefore claim privilege. The COURT, in admitting the evidence as to which the prisoner Senior claimed privilege, decided to reserve the point for the Court of Crown Cases Reserved as if asked to compel the witness to answer, he would want the direction of the Judges of the High Court.
Cross-examined by MR. MUIR. I first became acquainted with Briggs in 1897, when I was managing clerk to a firm of solicitors in the City—I met him about October 22nd, 1898—I knew at that time that he had been convicted at Lewes Assizes of cheque frauds—I resided at the Waterloo Hotel when Briggs came to stay there—I was pressed, together with Briggs, by Mr. Hart, the landlord of Knight's Hotel, for the payment of the bill—I never saw the bill the amount was not more than £3—I was not pressed, I was asked—I had not got the amount on the morning of November 5th—that morning Briggs fetched me from the Imperial' Club to go to the Appletree and Mitre public-house—he there introduced me to Street and Busconi—they were then strangers—Street told me he was an undischarged bankrupt; that he had paid his creditors in full, and there was a balance of £600 due to him in Carey Street—Briggs mentioned that Rusconi was the former proprietor of two West End public-houses—it was agreed that we were hard up and wanted money to carry us over Sunday—Street told me he was in possession of cheque forms upon a bank where he formerly had an account—I went with Briggs in the direction of Mr. Neary's bank to cash the cheque for £20 7s. 9d.—I did
not go to the door, I went to the Square—Briggs went in, and joined me* afterwards—Briggs gave me £5 out of the £20; that filled my sovereign purse; he kept the rest.
Cross-examined by MR. BLACK. Rusconi was introduced to meas apublic-house broker—I said I could do with a public-house or my friend could—he introduced me to Mr. Johnson—we spoke of the Royal Oak, Brixton—I went there with Rusconi—he would have received a commission if the purchase had been completed, so should I—that was the reason we were going on the Friday from Balham—he was with me when I was arrested—it was all in connection with the proposed probable purchase—Seymour was a mistake for Senior, a mistake often mode in my name.
ARTHUR RUSCONI (The prisoner). I have been in the public-house business and working on commission—I have been proprietor and manager of public-houses—the last house I held was the Black Horse, Leicester Square—I was there ten years—it was pulled down—that is why I left—I have known Briggs for two or three months—I was introduced by a Mr. Farmer—I have been in his company about three times—he introduted me to Senior—I hoard Senior's evidence—it is correct—when introduced to Johnson Senior's name was mistaken for Seymour.
Cross-examined by MR. MATHEWS. I did not write the body of the cheque "F"—the first time I saw it was when it was handed round at the police-court—(Cheques produced) Iendoiued those—I have never seen this cheque of November 4th, 1898, before—it is on the National Provincial Bank of England for £23 19s. 7d., and drawn by Capel—the writing bears some resemblance to mine—I do not write two hands—this is my usual writing—T have no reason to write another hand—I should not write another hand—I saw the cheque for £23 19s. 7d. first at Mr. Neary's when I accompanied Senior—it was shown by Mr. Neary's assistant to-Senior—they got talking behind the desk—I heard no explanation—Senior said, "It must be a mistake, and I will see it is all right, I will take this cheque up"—I had made Senior's acquaintance about a week before that, and Briggs' about a fortnight—Street had a public-house about 300 yards from mine—I did not know his business—I did not know he had a banking account—I did not suggest to Briggs that Street had several cheque books—Street did produce an envelope containing eight or ten cheques upon four or five different days—I was introduced to Senior at the top of Warwick Court, Holborn—we met by accident—the Napier is in Holborn—I do not use it—it is not far from Warwick Court—I never produced a cheque there upon the National Provincial Bank of England, Exeter Branch—one upon Doyds Bank, Belgrave Road Branch, was not produced to me on that occasion—I never saw Street in the Napier—I did not say I was going to my rooms to fill up the cheques—I did not after that rejoin the party and produce those cheques—I never had a nhilling from Senior—neyer twopence from Briggs—nor a shilling from Street—I have not been at Peele's for over two years—I could not form an opinion whether the three cheques are in the same writing—they are not in my disguised writing—they are not 'ike it –not for the reason that they are disguised—I did not know Street had a banking account—I have seen Alfred Shepherd with Senior—I believe Shepherd was employed by him—I never was with Briggs and Senior at
the Imperial Club—I may have been with Senior dozens of times—not at the Imperial Club on December 3rd—I was never there on a Saturday—I never saw Street waiting outside the Club—I went with shepherd to the White Hart, Theobald's Road—Street was not of that party—I did not tell Shepherd I had received a cheque from Johnson—I did not say I could not go to the public-house to cash a cheque—Senior asked, would Johnson cash this cheque—I said, "Johnson has gone before this"—it was Saturday afternoon, between four and five, and he asked would the publican do it, Mr. Percy, and I replied that gentleman supplied the wine and spirits for a smoking concert, and was not paid, and I would not do it—I had introduced the gentleman—Senior would not go in because he was waiting, and expected friends with a share of a bill from the City—I did not go to the public-house and show a card of Johnson and Graham—I did not go on my way to the public house to Johnson and Graham's office; I had no reason to—I did not come out and say Johnson was not there—I never gave Shepherd a cheque to cash—he went into the White Hart, and came out and said the landlord would not cash a cheque, and I said, "I do not expect the man will to a stranger"—I did not say it did not matter, and it is not true that another public-house was spoken of and I said I would try there—we did not then all go to the Sun at the back of the Royal—Senior said Shepherd used the Sun—I stopped at the Royal—I never went near the Sun—Shepherd did—he said it was no good, and I said, "Take it back to Senior"—he said, "We must go back to the Albion in Vernon Race"—I went to Chancery Lane—Shepherd did not come out of the Albion and say he could not get the cheque cashed there—I saw the cheque handed to Senior at the Imperial Club—I am not a member—Senior would be, and Briggs, I believe—Street is not—Senior said, "I know the landlord of the Napier, very likely he will give me the change"—I had to wait there because I was told the landlord was out to tea, and would not be back for half an hour—Senior said he could not get it cashed because the landlord had not sufficient money—I then left them—I did not go back to the club—I had been coming through Chancery Lane on my way home, and I met Senior and Shepherd at the top of Cursitor Street—Senior said, "Do you know where I could get a small cheque cashed? I want to pay my clerk"—I said, "I have not the slightest idea"—he said, "Will Johnson cash it"—(The witness repeated his evidence about trying to cash the cheque)—I do not know John Wilson.
Re-examined. I was not interested in the cheque—Senior owed me nothing—I wished to oblige him who worked with me in the matter of a public-house out of which I got a commission—I never received any money from these cheques—I only write my usual way; I have no reason to write much in the public-house business.
SIDNEY JAMBS STREET (The prisoner). I wish to deny Briggs' statement—I have not been in Peele's Hotel for seven years with anybody—I first met Briggs early in November last—he was introduced to me by Mr. Farmer, whom I had known about twelve years—several days after that I met him again with Senior whom he introduced—on November 8th I met him again with Senior at the Rainbow Tavern in Fleet Street in the evening as I was coming out—Briggs asked me if I could give him cash for a
cheque for £7 10s.—I said if not in that neighbourhood I could get one at Charing Cross—on the way Brigga called at the Wellington in the Strand, and asked about the cheque, but did not get it cashed—I took the cheque to Mr. Joyce in the Strand, who volunteered to cash it, giving a portion on account and promising the balance the next day, which was Lord Mayor's Day—I told Senior this and gave him back the cheque—Senior went to the Windsor, but did not get it cashed—at the finish I gave Briggs all the gold I had in my pocket, £2 on account, and promised to give him the balance next morning at 10 o'clock—during the evening I cashed it with Mr. Clemow—on November 10th I received a note from the Imperial Club, purporting to come from Briggs, asking for the balance of the cheque, when I gave him £5 7s. 6d., the letter stating that he was going to Liverpool—I saw no more of Briggs or Senior till I was charged—I lent Badger, up to last August or September, a quantity of office furniture—I gave him permission to remove it from 26, Great St. Helen's, City, when the office was given up—amongst the furniture was a five-foot mahogany cabinet, containing seven or eight locked drawers which contained wills and other odds and ends of papers in them, and in a locked box—Badger took an office at a house in Pimlico—in January, T898, he warehoused the furniture and gave me a charge of £65 secured on the furniture on some freehold property—Johnson and Graham brought an action against the solicitor, and I was to be a witness at the Guildhall for the recovery of the land last June, when, owing to Marshall Hall's cross-examination, the Alderman at the Guildhall dismissed the summons—I was not called—neither Badger nor the furniture were found till the police found him and where the cheque-book was—his tale is that the furniture was sold for warehouse rent for twelve months, which could not be more than £3 to £4—he says the drawers were broken open—I last saw the cheque-books in the drawer—I only lent the keys to Badger on one occasion in December, 1898, to bring away stationery, and till they were given to the police the keys were never out of my possession—this Badger had a considerable sum of money by a fraudulent deed like he gave me for my furniture on this land which does not belong to him—I am not a broken down publican—I sold property for £2,300 at five percent.—I paid the £300, there was a dispute about £60, and I lost the case—I refused to pay £130, and was made a bankrupt—I received £600, £1,000 had gone in law costs, and I paid the creditors in full and four per cent, interest—I am bringing an action against the fraudulent trustee, who is guaranteed by a guarantee society, and the Board of Trade have offered to assist me.
Cross-examined. My account at the London Banking and Estates Corporation was closed in 1894—I could not say whether this cheque book was issued to me in 1892—I could not say whether it was mine, because I had a 60-cheque book—I have had an account at Lloyds Bank in the Belgrave Road—that was closed in 1890 I think, or thereabouts—my account at the Capital and Counties Bank was closed in 1892—I think my bankruptcy was in September, '94—I have not since had a banking account—I did not have the £600 in a lump sum—I had £50, £350, £100, and £100—a portion of the £350 was lodged with a friend, Mr. Prince, and deposited
for me—he used to give me cheques when I wanted them—that was in 1896-7-8—I was not hard up in October, 1898—I hare known Rusconi for six or seven years—I did not know him when he had the public-house—I have had a lot of public houses—I only knew Briggs from early in November till the 10th—I knew Senior within a few days of my knowledge of Briggs—I never produced to Briggs when Rusconi was present more cheques on different days—on November 8th t saw Senior and Briggs at the Rainbow Tavern, Fleet Street, about 6.30 p.m., as I was coming out—I received a cheque from Briggs later the same evening in the Strand, after he had tried to cash it at the Wellington—I went to the Mitre at Brixton before I left him—he handed me this cheque—I believe I noticed it was from George Pine—Briggs and Senior explained he was partner in a fish company at Grimsby, and they gave me a prospectus—the cheque was endorsed—I do not know in whose writing—I have never seen Senior write—nor Briggs—I owed a sovereign at the Mitre—I had borrowed it a day or two before, when I was out with the landlord, when we were buying a place, and I could not complete—I told Clemow I got the cheque from Senior—I did not say from a moneylender in the West End—I told him I knew the drawer of the cheque by repute—he was Mr. Neary, a tailor and bill discounter—I asked to get it specially cleared—I asked him to take out of it the money I owed, and said I would pay 2s. 6d. for special clearance—all that was to oblige Briggs—on November 8th, Clemow gave me £6 7s. 6d.—when Briggs sent to me on November 10th I sent him £5 7s. 6d.; that is less £2 he had received—I did not see Rusconi, Shepherd, Briggs or any of them on December 3rd—at no date did I go about with them cashing cheques—I have been in the Imperial Club about twice in twelve years—the last occasion was a smoking concert in November—I did not go with Briggs and Senior—I believe they were members—I was not.
Re-examined. Keeping a public-house I knew a number of people in the trade and of properties for sale—I tried to meet Briggs and Senior on Lord Mayor's Day, but find by the evidence that at 10 o'clock they were cashing a £20 cheque in Hanover Square, so I did not see them—I kept the money for a time, because I lost £1,000 over cheques, and have made a rule not to pay till the cheque is cleared, which I knew the next evening.
Cross-examined by MR. BLACK. I agree that the meeting the other prisoners at Peele's Hotel is a fiction—I have known Briggs six or seven years as a public-house broker—there was one transaction with Rusconi and a commission-note of £120, stamped, which is in Johnson and Graham's hands now.
Senior, in his defence, stated that he introduced Briggs to Neary as a customer and not to cash a cheque, and that he had explained the matter in his statement to the police, which was true (See Pengelly's evidence); that according to Baron Brampions tests of guilt or innocence by flight or sub-terfuge both tests had failed as he had adopted neither; and that he had derived next door to no benefit from the cashing of the cheque; and he was confident the jury would say he was not guilty.— GUILTY .—There ume other charges invoicing sums amounting to about £50.
SENIOR then PLEADED GUILTY to a conviction of obtaining goods by false pretences at Wolverhampton in July, 1894.— Eighteen Months' Hard Labour; and BRIGGS to a similar conviction in February, 1898.— Twelve Months' Hard Labour. STREET and RUSCONI— Nine Months' Hard Labour each.
Before Mr. Recorder.
MR. ROBRRTS Prosecuted, and MR. PURCELL defended McCarthy.
THOMAS HENRY TOOTH . I am an engineer, of 62, Hatfield Street—on January 12th, about 1.30 a.m., I was going down Hatfield Street, and the prisoner Hatfield knocked me down, and I missed my watch and chain—this (Produced) is my watch and part of my chain—I do not identify any of the other prisoners—I was not quite sober—I identified Hatfield at the station as the man who knocked me down.
Cross-examined by Hatfield. I was pulled down and then held down—I am not certain you are the man who did it—nobody struck me—you ran away, and I did not see you again till the constable had you in custody—I could not see which way you ran, as I was on the ground—I identified you the same night, three or four minutes before you were arrested—this was on the left side of the road, going from Waterloo Road to Blackfriars—I charged you at the station.
By the COURT. I was brought before the Magistrate the next day for being drunk, and fined half-a-crown.
Cross-examined by MR. PURCELL. I was going from Waterloo towards Blackfriars, and the men came from behind me—I had passed the coffee-stall at the corner of Waterloo Rond and Stamford Street.
CLIFFORD TOPSON (313 L). On the morning of January 12th I was in Stamford Street, and heard scuffling on the other side of the road, and saw a man running twelve yards off—I gave chase and saw two others running, I followed one running towards Blackfriars, lost sight of him and went back—I had seen four or five men leave the coffee-stall—I cannot identify them, but one had a light coat—the prosecutor identified Hatfield; he said "I know nothing about it." Chapman said, "I have not dipped any one"—that means robbed—I saw the prosecutor give Chapman in custody—I said, "Do you know these men?"—he said, "Those are two of them."
Cross-examined by Hatheld. I did not see you at the coffee-stall, I had left it; you were between twenty and thirty yards from it—I arrested you, it might be ten minutes after the robbery, and the prosecutor identified you at the time—the only marks on the prosecutor were dust on his coat.
Cross-examined by MR. PURCELL. The four or five men walked from the coffee-stall on the north side of Stamford Street towards Blackfriars, and the prosecutor was coming from the other way, so that they were face to face—I do not know that McCarthy lives in Cornwall Road; I said in Commercial Road—if he wanted to get home quickly he would go down the steps of Waterloo Bridge—he has been eighteen months employed in Covent Garden Market.
Cross-examined by Walsh. I did not see you.
WILLIAM MONTGOMERY (223 L). On the early morning of January 12th I was at the corner of Stamford Street, and saw all the four prisoners at a coffee-stall—Hatfield, Chapman, and McCarthy went about thirty yards down Stamford Street, and I saw a scuffle—I went towards it, and Tooth came up and said, "I have lost my watch and chain"—I saw Hatfield and Chapman running in the direction of Waterloo Bridge, and down the steps into the Commercial Road—I turned round and met Tooth, and then met Hatfield and Chapman as I came round in the opposite direction, and Tooth said, "Here are the men"—I took Chapman—he said, "We never nipped anyone"—Hatfield said, "I know nothing about it"—no charge had been made then—on January 14th, at 12.15 p.m., I took McCarthy, and said, "I want you for being concerned in a robbery"—he said, "All right, I was in a beer shop, and I came back shortly afterwards and stopped nearly two hours, why did not you pinch me then"—I had seen all four prisoners together, nearly every night, for four weeks after closing time, sometimes at 1 or 1.30—I did not arrest Walsh, but I saw him with nine or ten others at the station and identified him.
Cross-examined by Hatfield. You said good-night to me three or four minutes before the robbery took place—after the robbery you ran away—I recognise you, because I knew you—you ran first—you sell fish—I saw your face plainly because you turned round—I did put you up for identification, and tell the prosecutor that you knocked him down—you were arrested six or seven minutes after I saw you at the corner of Stamford Street,
Cross-eocamined by Chaptnan. I see you nearly every night; I know you by the name of Nobby at the coffee-stall.
Cross-examined by MR. PUBCBLL. McCarthy may have left the coffee-stall first and come back; I cannot say whether he took any part in the scuffle, but they were all in a lump—he may have left the coffee-stall first and gone back, and the other three walked along Stamford Street, while the prosecutor was in the road—I have seen McCarthy at the coffee-stall at 1.30 and 2 o'clock—he has been working late at Jacobs and Carters, and previous to that he was six months at Mr. Newton's in the Flower Market.
Cross-examined by Walsh, I saw you two or three minutes before the robbery occurred—I did not see you leave the coffee-stall or see anyone join you.
JEMIMA BABLOW . I am the wife of Frederick Barlow, of 54, Commercial Road—that is next door but one to No. 56—Walsh lives at No. 66—on, I think it was, January 12th I was at my door between 1.30 and 2 a.m., and saw Walsh go into No. 66 talking to somebody—he said, "I have got it, it is a dud lot"—I spoke to the police about it, and was called at the Police-court,
Cross-examined by Walth, I was not in the passage—I opened the door to ask the time—next day you were looking out at the window with a woman, and laughing at the robbery—I did not hear what you said,. but I looked up at the window and said, "You are laughing"—jou were jeering as two men were taken to the station; you made game of them as
they were going along the road—I knew that you were talking about the robbery, by the motions you made, and you turned and dropped your head when I came to the door—I was opening my door, the latch was in my hand, and you were going in at your door—my clock had stopped, and I went out to ask the time—I did not give information next morning because nobody asked me till I said, "Why don't you charge the man who has got the watch and chain?"—I know by your voice that it was you who said you had got the lot—I have heard you talk to your land-lady—I did not hear of the robbery next day, I only knew what you said at the door—I went to my door next day, and saw two girls, and said, "Where are you goinfg?"—they said, "To take some food to two young men at Holloway"—the police came to me because I told Hancock what you said.
Re-examined. I spoke to Hancock on the 18th, and gave my evidence on the 24th.
HENRY HANCOCK (Detective L). I received information, and kept observation outside 56, Commercial Eoad, and saw Walsh—I arrested him a hundred yards from the house, and said, "I shall take you for being concerned with Hatfield, Chapman, and McCarthy"—he said "Yes"—I went back and searched his room, and found this watch and chain in the soil of a flowerpot—I took him to the station—Montgomery identified him—he made no reply—Mrs. Barlow spoke to me—I told Walsh that I had found the watch and chain—he made no reply.
Cross-examined by Walsh. I handed you over to another constable, and then went and searched your room, but found nothing in it—I found these in the soil of a flowerpot in the back yard—there are boards more than four feet six high round the yard—I did not go into the next ard.
Evidence for Hatfield.
EDWARD WHEELHOUSE . I am a confectioner, and have a barrow in the street—I live at 55, Oakley Street, Waterloo—I have trusted Hatfield with my money and always found it correct, or I should not have come to this Court—I cannot say anything wrong about him—he has worked for me, and I speak as I found him.
Cross-examined. He was not working for me on June 8th, 1893, or up to the 16th—I do not know where he was on the 16th—I have heard that he was supposed to be concerned with two others and discharged, and the other two with him—that was a bicycle affair, and he came to me for a job, and I gave him one—he has worked six months for me since July, 1898—I was not aware that he had been convicted.
By the COURT. I do not know that he has had three years'penal servitude, or that he has been convicted on five other occasions.
Evidence in Reply.
GEORGE CHBSTKRTON , I am a Sessions warder—I was present on November 4th, 1895, when Hatfield was convicted and had three years' penal servitude and five years'supervision—he was convicted again on May 23rd 1890, and on April 24th, 1893; he had fifteen months' for stealing a clock, and there are five other convictions against him as a. rogue and a vagabond.
The prisoner Hatfield, Nobody has tried bo get an honest living more than I have.
Evidence for Chapman.
BENJAMIN CHAPMAN (The prisoner). On the night of the 12th I went into a house and came out about 11.15, came along the Strand, and had a cup of coffee at Waterloo Bridge—I was very nigh drunk, and said, "I am going to work; come and have a cup of coffee with me"—I said good night to the constable, and directly afterwards he said, "I want you for stealing a watch and chain," and took me to the station—the prosecutor was drunk.
Cross-examined. Topson never stopped me.
Chapman received a good character,
Cross-examined. I have heard Hancock's evidence—he told me that he had found the watch and chain in the flower-box in the back yard, I made no reply to that—that was on the day I was arrested—I heard Mrs. Barlow say that I came home between 1.30 and 2 o'clock—that is not true—I have been out as late as that, but not on that occasion—I left the coffee-stall about 12.45—no one was with me after 12.30, or when I went home—T have cross-examined her as to whether she was outside her door, I did not see her at all that night—I asked her what part of the passage she was in.
By the COURT. I saw her at the door the next day—I did not see her look up at the window where't was—I did not turn the back of my head to prevent her seeing my face—I saw two young women who took provisions to the prisoners, but did not say anything to them or make any gesture to them—a woman was by my side—the lodgers have. The use of the yard, but not of the flowerbox—I cannot suggest who put the watch and chain there, but anybody could climb over the wall.
Walshes Befenee. Nothing has been proved that I had anything to do with the robbery, I know nothing about it or about the watch, I have been at the police-court twice, but have never seen that piece of chain produced until now, Montgomery proves that three others went down by themselves, and that three done the robbery, therefore there is proof that I was not there when the robbery was done.
Hatfield's Defmce: The prosecutor was drunk, and he says I came up at his back; I know nothing about it. How can he say what happened if I was behind him, and do you think I should come back if I had committed the robbery? The other constable distinctly says he did not see my face. I have a bad character, but I have tried very hard to do well; ask Sergeant Hancock.
H. HANCOCK (Re-examined.) Hatfield has worked for the witness Wheelhouse; I have seen him at work for the last six months.
HATFIELD, CHAPMAN and MCCARTHY NOT GUILTY . WALSH— GUILTY .; He then PLBADED GUILTY to a conviction on October ithy 1897, in the name of Charles Atkins at Southtwark Police Conri, and severed other convictions were proved against him.— Twelve Monllhs' Hard Laboftr.
MB. JACKSON Prosecuted, and MR. SILLS Defended. FRED JARY (290 L). On December 29th I was in Agnes Place, Kennington, and saw the prisoner standing outside No 29, a private house—I hid myself, and saw him enter the area of No. 29—he stayed down three or four minutes, and then came out and went down the area of the next house, where he stayed about four minutes—then he went down the next, but a dog barked and he left hurriedly—he then walked very quickly towards Royal Road, and I left my hiding place—he heard me, and commenced to run—I gave and caught him in about thirty or forty yards—I got hold of his collar, and he said, "Me nothing"—he commenced to struggle violently and said, "Me give you money"—he put his hand into his right-hand trouser's pocket, pulled out this revolver (produced) and said "Me shoot you, me shoot you"—I heard the revolver go click twice—I caught him' by the arm and got his arm up; he struck me on the left side of the head over the ear with the revolver—I cannot hear now—I cannot say which hand he was holding the revolver in—I drew my truncheon and struck him on the head—an old gentleman named Mathews came and took the revolver from the prisoner—Mathews is not here, he is very old—I blew my whistle, and two other constables came up—the prisoner continued to struggle very violently—Mathews gave me the revolver, and I took it to the station—I was hurt on the left side of the head; the left ear and left eye were contused—I am still on the sick list—I have a greac deal of discharge from the left ear—I struck the prisoner several times on the shoulders, and about three times on the head—I could not knock him down—there are six chambers in this revolver, and four of them are loaded—one of the empty chambers was under the pin, and the other the first one on the right—I had never seen the prisoner before.
Cross-examined. I was present when the prisoner was searched at the station, £2 in gold, 8s. in silver, 1/2 d. in bronze, a silver watch, and these keys (Produced) were found on him—they are ordinary house keys.
JOHN GARNER (145 L). About 2.30 a.m., on December 29th, I was on duty in Dulorn Street, Kennington, and heard a whistle—I hurried to Agnes Place, and saw the prisoner struggling with P.C. 290—Mathews was standing on the side of the road with the revolver—I Assisted the other constable, the prisoner was very violent for about 200 yards—he said, "Not me, not me"—I think the prisoner was perfectly sober—he said he was an artist's model—he gave an address, I do not know what it was—I have made no inquiries about it.
HENRT MUBRAT (Police-sergeant £11). I was at the station when the prisoner was brought in—I received the charge—he was sober—nobody struck him at the station—he was bleeding—he gave his name and address—he made no reply to the charge—I saw the revolver, four chambers were loaded, it did not look as if it had recently been discharged—he gave no account as to how he came into possession of it—he did not say
if it belonged to him—I said, "Is this your's?"—he shook his head—it is a very old fashioned revolver.
Cross-examined. I have heard from one of the prisoner's friends that he has been attending a doctor for pains in his head—I have not seen the doctor.
DR. EDWIN ROE . I was acting divisionai-surgeon, and was at the station on December 29th—I examined the constable when he came in—he had a small wound on the left side of the head 1/2 in. to I in. in length, he had a lacerated ear, the wound was 3/4 in. long; a blow under the left eye, his jaw was swollen on the right side, and he had a blow in the same place; they were such as might have been caused by a revolver—I put the constable on the sick-list—he is at present suffering from inflammation of the left ear, and he has quite lost the hearing of it; it still discharges matter—it was caused by the wound he received—I examined the prisoner—he had four wounds on his head, the first a small lacerated wound in the centre of the forehead; a second lacerated wound two inches long where the bone was exposed on the front of the head, the scar now seen; a third lacerated wound on the top of the head, on the left, two inches long; the bone was not exposed there; and a fourth lacerated wound on the back of the head, on the right side, 1 1/2 inches long—they could be caused by a truncheon.
Cross-examined. The prisoner was perfectly sober and quiet—the wounds were worse than the constable's, but he probably will suffer from the effects of his, and the prisoner will probably not—I have no very grave apprehension for the prisoner, but the other man will probably be deaf all his life—I heard nothing about the prisoner having been consulting a doctor.
Evidence for the Defence,
DR. JASTES SCOTT . I am medical officer for Holloway Prison—the prisoner came under my charge on December 29th—he was suffering from the wounds in his head—the was in a nervous and excitable condition, muttering prayers in Italian; he seemed afraid and timid of being brought to prison—the became very violent at times—I did not think it well to bring him up for trial last sessions on account ol his violence—I do not think bis mind is diseased at all now.
The prisoner, "I beg that I may be let go as soon as possible, as my business requires my presence. I have a letter which calls me to my business and to my family, who are not in England."
GUILTY — Fifteen Months' Hard Labour
MB. OSMOND Prosecuted,
GEORGE CHEESEMAN (621 V). On December 11th, about 3.50 a.m., I was on duty in Hill Street, Richmond—I heard an unusual noise in the basement of the Assembly Rooms in Whitaker Avenue—I went along quietly and listened, and heard it repeated—I rushed down the steps and seized the prisoner, who was standing underneath the steps down which had come, against the basement wall—I asked him what he was doing
there, and he replied, "Nothing"—thinking he might have some pals about I blew my whistle, and a constable and an inspector came and searched the basement—the inspector found this iron bar while I was there (produced) near the spot where I seized the prisoner—he also discovered some marks corresponding with the bar—the bar seems to be a poker—it is bent—there was a little paint adhering to the flat end—I detained the prisoner while the inspector searched—the bar was found close to the prisoner—I searched him, and found on him 2s. 6d. in silver, 5d. in bronze, a cap, and two pawn tickets—I had been round there half an hour before—there were no marks on the door—I examined it with my lamp—there was no bar there or any person—I took the prisoner to the station, where he was charged—he made no reply—I did not tell the prisoner to go down there to relieve himself.
Cross-examined by the prisoner. I did not tell you to go down and have a rest.
CHARLES SMITH (Police Inspector). On December 11th, at 3.55, I was on duty at Hill Street, Richmond—T heard apolice whistle—I went to Whitaker Avenue and saw the prisoner in the custody of Cheeseman—I said to the prisoner," What were you doing down there?"—he said, "I was asleep"—the constable and the prisoner stood on the top of the area, and I went down—they could see what I was doing—I saw an iron bar standing against the double doors, and on the end of it I saw a small portion of paint, and in the centre of the doors near the lock a mark which the bar exactly fitted—it had evidently been put between the doors to force them open—the door was not properly fastened inside; the bottom bolt had not b en let down, and it would make a noise, which could be heard for some distance—I called for the prisoner to be brought into the area, and said to him, "Do you see this mark?"—he said, "I see it is fresh paint"—I showed him that the bar fitted the mark, and he made no reply—the doors opens into a portion of the assembly-rooms, then into the bufiet, and after wards into the hotel—I think the prisoner was recovering from the effects of drink—he could understand perfectly; he seemed to know what he was talking about—I called up the proprietor, and said to him in the prisoner's presence, "This man has apparently attempted to break into your place"—he said, "I know nothing about it"—the prisoner was charged at the station—he made no reply.
EDWARD LARGE . I am a stage carpenter of 2, Whitecross Row, Rich-mond—it is my duly to go round the premises at Whitaker Avenue—on December 10th I did so—I examined the basement outside; the place was in order—I noticed no marks on the doors, or any iron bar—I left the doors locked and closed.
FREDERICK CLEVELAND (Detective V). I am stationed at Richmond—I have made inquiries respecting the prisoner—he is a plasterer—he has been living at Twickenham, in a coffee-tavern, for the last twelve mouths, he has had no home since his wife died—previous to her death he was given to drinking, but she kept him under restraint; but then he has got worse, and on one occasion he bought a revolver and threatened to shoot himself; and once he threatened to cut his throat—he has never been in the hands of the police except for drunkenness.
Twickenham, and the prisoner's sister—the prisoner has taken to drink a great deal since his wife died—he has been worse since then—he is a good workman—he has a little boy and a girl, and a son of twenty-five—we are poor—my husband only earns a little money—I cannot take him.
NOT GUILTY .
MESCRS. H. AVORY and TRAVBBS HUMPHBIBS Prosecuted.
GEORGE CARTER . I am a fishmonger, of Blackheath—on October 31st I went to the Elephant and Castle Horse Repository to buy a horse—a man came up to me and entered into conversation with me, and in consequence of what he said I went to look at a horse outside the repository—while I was looking at it the prisoner came up and said, "Put a word in for me; I want to buy this horse"—the first man said he would not take his money as the prisoner had been calling the first man names—the prisoner said he would give me £16, and I offered the first man £15 who proposed our going to the Wellington public-house, and the prisoner followed—another man held the horse in Tiverton Street—I handed him the £15, and he gave me a receipt, which I wrote—he put his mark on it—I went out and got the horse and returned to find the prisoner—I left the horse in charge of a boy outside—I went down the street and into the King's Head public-house, and saw the prisoner—I asked him what he was going to do about the horse—he said, "Go round the comer and I will come round"—I went, and waited about half an hour, but he never came—I took the horse with me—later in the day I went to the repository with the horse, when another man came up and asked if the horse belonged to me—I said, "Yes"—he said, "Is it for sale?"—I said, "Yes"—he said he knew a man whom he thought the horse would suit—we went outside to where another man was holding another horse, and he held mine while we went into a public-house—an offer was made to me for £15, and another man said he would give me £16—then the man who had come up to me in the repository went out, and returning, told me my horse had gone—I went out and found it gone, and I have never seen it since—I did not see the prisoner again until January 2nd, when 1 saw him at the same repository—I was with Detective Smith, and I pointed him out and the detective took him into custody—when I parted with my £15 I thought the prisoner was a bona fide buyer—the horse was no good to me; I wanted a pony.
WILLIAM SMITH (Police Sergeant M). At one o'clock, on January 2nd, the prosecutor told him to go into the repository and look and see if there was anybody he knew—he pointed out the prisoner—I told the prisoner I had a warrant for his arrest for fraud and conspiracy with other men—outside I told him the charge—he said he knew nothing about it—he was taken to the station and charged, he again said he knew nothing about it—I found 1d. in bronze and four £5 Bank of Engraving notes on him—I know him by sight, I have seen him at this horse repository—I know him as Devil's Hoof,
Pritcnier's Defence: "I had nothing to do with it; I was not there.
GUILTY .—He then PLEADED GUILTY to a conviction, at Warminster, of conspiring to defraud, on June 20th, 1896, and four other convictions were proved against him, including two terms of penal servitude and two for horse stealing .—Five Years' Penal Servitude.
MESSRS. BIRON and TRAVERSHUMPHRIES Prosecuted, and MESSRS. GEOGHEQAN and PERCIVALHUGHES Defended Adamthuaite.
Hebry Dowding I am a greengrocer, of 91, Marlborough Road, Holloway—on August 11th, in the afternoon, I went to Stapleton's Horse Repository, Spitalfields, to buy a horse—Adamthwaite came and asked me which was the best day to put a horse into the sale—I have not the slightest doubt that it was Adamthwaite—I afterwards identified him when he was placed among a number of others—I said I thought this was the best day—he said that he was a farmer, and came from Sevenoaks, in Kent—that he had a horse for sale, but it Was too late for the sale—he asked me if I could find him a customer, and if I could I could have the auction expenses for my troublethat would be 3s. 6d. a night for keep, and according to what the horse fetched—I went to look at the horse outside the Weavers' Arms—he said the price was £25—a second man came up, I have never seen him since, he asked Adamthwaite if he would sell him a mare—Adamthwaite said, "No, I will not have anything at all to do with you, you are a bad man"—they both abused me, and called me a Salvation b—then Adamth waite asked me to have a drinks the other man brought out a handful of gold, and said, "Tou might as well take my money as this gentleman's" pointing to me—Adamthwaite said, "I will not have any thing to do with you"—he would not sell the horse to him—we then went into the public-house, and the second man asked me to come outside for a minute—he asked me if I had bought the mare—I said no, I did not think her worth it—he asked me to buy it for him—I asked him what the price was, and he said he would give £25, which Adamthwaite had refused, but that I could have the difference between the £26 and the price I paid for it—I said I would try, and I went to Adamthwaite and told him the man wanted to buy his mare—Adamthwaite said, "I will sell it to you, but I will not sell it to that other man, but if you like to sell it to him I cannot prevent it'—he asked for a deposit, and I paid him £9 in cash—the second man offered to pay the deposit, but Adamthwaite said he would not have that—he said he would sell the horse for £23, so I should make £2 profit—I went to my house to get the other £14, and in the presence of a man there named William Crossman I paid Adamthwaite the money—a receipt was written out there, and signed by Adamthwaite in the name of J. Baker—I went back to the Weavers' Arms, and Adamthwaite said that he had left his wife in a coffeeshop, and he would go and look for her, and he went away with my £23 in his pocket—he had taken the halter off the mare, and left a rope on—I never saw him again till he was
in custody—the man who was to pay me the£25 said he would call his man to take the horse—he went away and never returned—I had the horse, and examined her—I found she was lame in both fore feet, and suffering from fever; she was absolutely useless and unable to work—I sent her out to grass; she has been there ever since—I was in Adamthwaite's company about two hours—when he was in custody I picked him out from among nine or twelve other men.
Cross-examined by MR. GEOGHEGAN. I had never seen Adamthwaite before, and after August 11th, not till January—I gave information ta the police in August, and a description—I am not a judge of horses—I intended to buy a horse, but I did not mean to give so much money—I could not have had a worse crock than that—I did not see her movo, she was in the street—they did not trot her up and down—I saw Adamthwaite in custody at Southwark Police-station—I have not got his receipt—I do not keep them after a month—when I saw Adamthwaite at the station he had no whiskers.
Gross-examined by Gest. I did not see you there.
Re-examined. I had not the slightest idea of buying the horse for myself.
WILLIAM CROSSMAN . I am a baker, of 85, Benchan Lane, West Croydon—on August 11th I was living with the last witness—I remember his coming home about five p.m. with Adamthwaite—Dowding paid Adamthwaite £14—they were there about forty-five minutes—I afterwards identified Adamthwaite at Southwark Police station.
Cross-examined. MR. GEOGHEGAN. Before August 11th I had never seen Adamthwaite—I did not give a description to the police, Dowding did—I picked Adamthwaite out at once.
EDGAR KIRBY . I am a coal merchant, of Leighon sea, Essex—on September 20 there was a sale at Temple Fair, near Southend—I went to buy a horse—the prisoner Adamthwaite came up and asked me whether there was going to be a sale, and whether he could put his horse in—I said I knew nothing about it—there were two horses, a chestnut and a bay, standing in the ground—Adamthwaite asked me what they were worth—I said I did not know—then Wright came up and said to Adam-thwaite, "Are you going to take my money?"—it was £42—Adam thwaite said, "No; you called me a b——Salvationist, and I will not have anything to do with you"—Wright asked me if I would buy the horses—I told him I did not want anything to do with them—he said if I would buy them he would give me £3 for the bargain—I said I would not; I could not get away from them—Wright had some money in a bag—I have seen a bag since but I cannot swear to it—after a good deal of worry I agreed to buy the horses for Wright—we went into a private house and I wrote out a cheque for £42—Adamthwaite gave me the name of John Smith—while I was writing the counterfoil, Adamthwaite tore the cheque from my book—I said, "Hold on a minute, I have not crossed it"—he said, "That is all right"—I went out to see the other man to get my money, and Adamthwaite came out with the cheque—Wright was outside—I told him I had paid the money, and he said "I will pay you," and he shot the money from his pocket into his hand, and then
said, "Wait a minute, I will get my man to hold the horses, and he went off—I went after him—he got into a trap, and I got into another, but I lost him—I then drove to Southend to stop the cheque, but I was tea minutes too late; it had already been cashed—I never saw either of the prisoners till 1 saw them in custody—when I got to the horses I found one of them had gone; they were worth about £2 each, and I had to give 10s. to the man who found the second—Adamthwaite said he was a Christian man, and a God-loving man—I identified both the men at sepa rate times at the Police-court—I was with Adamthwaite about half an hour.
Cross-examined by MR. GEOHEGAN. I did not say I sold the horses for £2 each—I said they were not worth more—if I could get £10 for them I should take it, I never beat a man down—when I identified Adam-thwaite I went in once and came out again, and then went in again and picked him out—there were two policemen at the door—I did not recog-nise the men at first, they were so much altered.
Cross-examined by Wright. I saw you at the station with about nine others.
By the COURT. I gave a description of the men to the Southend police—Adamthwaite was clean shaved then.
FREDERICK FORD . I am a jobmaster of 11A, Barry Road, East Dulwich—on August 11th I was inside Ward's Horse Repository in Edgware Road—a man not in custody came up and asked me which was the best day to sell a horse—I said I did not know, I was a stranger—he said he had a horse outside, but he was too late for the sale—he said he had come from Sevenoaks—he asked me if I would look at it—I said I could not, as I was going to see some horses sold—then Allen and Adamthwaite came up, and Allen said, "You will not take my cheque for this horse, will you take hard cash," and he pulled some money out—the man not in custody said he would not go from God's word—he then said, "Come, we will have a glass of ginger beer"—Allen said to me "You don't want to have anything to do with this man; if you will not buy the horse I will give you half-a-sovereign"—I went across to the public-house with the man who is not in custody—he said he would let the horse go to a home for its keep for three months—I said I did not want it for three months, but if I could have it for a week, and found it would go in harness I would try and find a dealer—Allen said, "Do you think you can buy the horse?"—I said, "I think so; he will let me have it for its keep"—we went out and found Adamthwaite trying to buy the horse—we went back to the public-house, and Allen said to the first man, "Look here, will you let me buy the horse? you were going to let me try it for twenty minutes, and a man has charged me 7s. fid. for the hire of the cart, will you sell it to that man?" pointing to me—the other man said "Yes"—Allen said to him, "Give me your hand," and he took his hand and put it into mine—Allen gave me £18, and I paid the other man £16, putting £2 in my pocket—then the other man said, "No, I will not go from my word," and he gave me back the money, and I returned the £38 to Allen—I said, "I shall not have anything to do with it; it is too late now." I then said I would buy the horse for Adamthwaite, who proposed that I should pay a deposit of %£5—I said to Adamthwaite, "Now give me your money, and
I will pay him the rest"—the other man said, "No, I will not do business like that,"—he got the other two £5 notes from me and signed the receipt—Adamthwaite gave me £1, and I went outside—the other man said to the man who was holding the horse, "Give the gentleman the horse;" and I had the horse handed over to me—another man came up and said, "Those two gentleman are waiting for you; I will hold the horse for you"—I said, "No, you don't"—I have got the horse at home now; he is a little bit of curiosity; it is hardly able to carry itself; it cannot carry a set of harness—I did not see the men again until the Wednesday—I stopped at St. Martin's Lane Repository, and went into a public-home and saw Adamthwaite and the man not in custody—Adamthwaite hit him on the leg with a stick—I said, "How about the horse?"—he get walked out of the bar; I went after him—another man tried to get between us, and I said I would knock him down if he did not go away—Adamthwaite said, "We will do business with you," and we went into another public-house at Seven Dials—he said, "What will you take for the horse?"—I said, "I will take £10 for him"—he said, "I will give you £10 for it"—I said. "You shall have it; where is you money? I will not give you a receipt for it until I have had your money; you have had me once"—Adamthwaite was clean-shaved then.
Cross-examined by MR. HUGHES. I was not very angry at losing my money—I should have liked to see the men punished—I went to St. Martin's Lane because I thought I might see the man who had cheated me—there were abut ten or twelve men in the deal on the previous day—I did not arrest the men on Wednesday, because I asked a constable think so—I never saw Mr. Larkin before I saw him at the Police=court—I might have discussed the case with him.
Cross-examined by Allen. You were not in my deal.
JOHN LARKIN . I am a tram-conductor, of 52, Casella Road, New Cross—on December 19th I went to the Elephant and Castle Horse Re pository—I did not go to buy a horse—a man came up and asked me if I knew the best day to bring a horse to the sale—I said I did not know—he did not say who he was, but he said he had brought a mare from Sevenoaks, and the auctioneer told him it was too late for the sale that day—he asked me to go and see the mare—I went to Tiverton Street, where—I said, "She looks all right"—I did not see her move—then Allen came up, and said to the other man, "You had better by half take the £18 I have for you"—the other man said, "No, not for the Word of God will I take it after I said that I would not"—Allen said he was a silly man, and the other said, "Not after the way your man has black-guarded me"—Allen said he was a silly man; he ought to put up with all those kind of things in the dealing business"—the first man asked me to go away with him, and as I was going Allen said, "If you can get that mare for £18 I will give you £20 for it, as I want to make a pairwith it—I said "All right"—I want to make a pair with it—I said "All right"—I went into a public-house with the first man, and Allen followed—the first man said, "Will you buy the mare?"—I said, "I don't know; how much do you
want for it"—he said, "I will tell you what I will do. I will let you have it for £18, which the other man offered for it"—I said, "All right, I will take it at that," but that I could not pay him the money then—he said, "Can you pay me a deposit"—I said, "Yes"—as I said that Allen came up and put three sovereigns into my hand, and the other man said, "I am doing business with this man"—Allen had taken the money from his pocket—the other man said, "If you get the money from that man I will not sell the horse"—Allen said to me, "You give him £5"—I gave him £5, and said I should have to go home for the other—he said, "Can I go with you?"—as I was going out Allen said, "What time will you be back?"—I said about two o'clock—he said, "All right, I shall be here"—as that was going on, the first man went up to Adamth waite, who was standing outside the Wellington public-house—he then left and went with me—we went to my house to get the remainder of the money, and on the way I asked him who would look after the horses, he said, '* That will be all right; there is my brother, who I have just spoken to at the corner"—that was Adamthwaite—I went to my house and got £13 in cash, and went back to Tiverton Street—I saw Allen, who said, "Look sharp," as he wanted to be off"—I gave the £13 to the first man—while I was doing that Allen left me, and went to Adamthwaite at the comer of the street, and when I looked round both Allen and Adam thwaite had gone—after I had given the first man the money I said, "Give me a receipt"—he said, "Yes, I will just go into this little corner shop and write one out"—he went round the comer and disappeared with my money—I did not know he was going or he would not have gone so easy—I took charge of the mare—I was going down Rockingham Street, and Adamthwaite, Gess, Wright, and another man came up—the man not in custody said, "Is that mare for sale?"—I said,. "No"—he said, "I will buy it, how much do you want for it?"—I said, "How much will you give me for it?"—he said, "What do you want for it"—I said the price was £20—they all laughed and said,. "Don't talk so silly"—the unknown man said, "It is a wrong one, it is no good, I will give you 2 for it"—Gess said, "It is a dreadful roarer"—he went up to the mare and nipped its nose and made it bleed—I did not see how he did it—he said, "Look how it is bleeding at the nose"—it had not been bleeding till he came up—Adamthwaite said, "It has got a bad leg," and the man not in custody said it was "fracy"—Adamthwaite said, "You will get locked up if you are seen going along the road with it"—I saw it was not much good, and that it had only three legs and a "swinger"—the unknown man said, "The horse is no good, and I am an agent for Bovril: I have got my horse and cart here—he offered me £2 for it again to have it killed, and after a time I took it—I should not have parted with it for £2 if they had let me go away with it—the unknown man gave me the £2—I asked where it was going to be killed, and Wright said I could not see it killed—we went into a public-house—I was going to give the unknown man a receipt for the £2—Gess held the horse—I asked the unknown man if he had a stamp—he said he had not, and Wright said he would get one—he went out, but did not return, and later in the day I saw him in Tiverton Street with the mare—I did not speak to him, because I wanted to see the man who had got my money.
Cross-examined by MR. HUGHES. Adamthwaite was there—I suspected he had something to do with the deal, and I discussed part of the transaction with Ford—I had never seen Adamthwaite before—I gave him in charge in the Wellington public-house.
Re-examined. I gave Adamthwaite in charge on January 3rd—I saw Allen speaking, to Adamthwaite.
Cross-examined by Gess. You were not there when I bought the horse; you took charge of it in Rockingham Street.
Cross-exavdned by Wright, I saw you minding two carts.
JOHN RYMAN . I am an ironmonger, of 66, Newington Buttgr—on March 10th, 1891, I went to Btapleton's Repository, in Bishops gate Street, to purchase a horse—a man came and spoke to me; I have not seen him since; he talked about the sale, and then asked me to have a glass of wine—we went into a public-house—he told me he was the son of a farmer residing near Tunbridge Wells, and that he had come up to London to bring up horses they did not require to sell—he showed me two horses with rugs on—I said they would be useless to me—I was going away, when Gess came up and said to the other man, "Am I to have those horses?"—the other man said "No, certainly not, I will have nothing to do with you," because he had grossly insulted him, and he would refuse to do business with him—then we went into a public-house, and Gess followed soon after, and said to the first man, "Am I to have those horses? I will give you £20 each for them"—no price had been mentioned till then—the other said, "I shall not sell them to you," and they went away—soon after Gees returned and asked me if he might speak to me—I refused at first, and afterwards I let him—he asked me if I would induce my friend to sell those horses to him, and then he would give me a present of £2—I said I would not do business with any horse-dealers, and he was no friend of mine—Gess then said if I would not do business that way, would I buy them for him, and said he would give me £45 for them—he put his hand into his pocket and pulled out a handful of gold—I went to the first man and said I would buy the horses, and that Gess would buy them from me and give me a profit—the dealer said, "I would not have anything to do with him if I were you"—I said it did not matter much to me who he was, providing he paid me a profit—I asked him what was his lowest price, and after some argument he said he would take £40—I drew a cheque for £40 dated March 10, 1891 (Produced)—I drew it in the nwne of W. or Wm. Smith—he said, "You must be aware that a crossed cheque is no payment for horse-flesh, and only cash is recognisable"—I recognised that to be a fact—I went to my bank in a cab and cashed the cheque—as I went I saw Gess standing on the pavement, and said to him, "Where shall I find you when I return?"—he said, "I shall be here, I shall not lose an opportunity of getting those horses; I will give you a deposit if there is a doubt about it"—he gave me £1—I handed the £40 over to the other man, and then I went to find Gess—I saw him waiting—Gess said, "All right?" and the other man said "Yes"—I went with the first man to have the horse handed over to me, leaving Gess in the public-house There was a man holding the horses, and the first man said, "Now the horses
belong to this gentleman," pointing to me; 'they are his property, and I will pay you for the time you have held them," and he gave him 2s. 6d., and then he went away—Gess came up and spoke to the first man, and then went back to the public-house—I went after him, and the first man went away—I did not see Gess, and I never saw him again—then I rushed back to look for the horses, but both horses and man were gone—I never saw any of them again till I picked Gess out at Southwark Station.
Cross-examined by Gess. You were dressed very similar to what you are now—it was eight years ago—you might have been a little stouter.
By the COURT. I have not the slightest doubt about him being the man.
Cross-examined by Gess. I have known you twelve years—I have never seen you different to what you are now—I might have seen you once or twice a week, and then I might miss you.
Re-examined. I missed him in 1891 for twelve months, and in 1895 for six months.
WILLIAM SMITH (Police-Sergeant M). On January 2nd I was in Tiverton Street with Larkin—I saw Adamthwaite and Allen together—I went towards then, and they separated and went in different directions when they saw me—I stopped Allen, and a detective stopped Adamthwaite—I said I had a warrant for their arrest—Allen made no reply, and Adamthwaite said, "You have made a mistake"—I took them to the station—on Adamthwaite I found £116 4s. 3d. in a bag, a book containing a list of fares, a small memorandum book, and several small pieces of paper—I then returned to Tiverton Street, where I found Wright in charge of a horse—I had previously kept observation on them—I asked Wright what he was doing, and whom the horse belonged to—he sa d, "I am minding it for my master; it belongs to him"—I said I should charge him for frequenting Tiverton Street—I took him to the station, where I asked him who the horse belonged to, and he said, pointing to Adamthwaite, "It belongs to him"—Adamthwaite said, "Yes, it belongs to me, I had another pne there with it"—he made no reply to the charge—on January 23rd I charged Wright at Southwark Police-court, with Allen, Adamthwaite, and Gess, with fraud and conspiracy—he said, "What, me!"—I saw Gess in Walworth; Larkin pointed him out to me—I said I had a warrant for his arrest for conspiracy and fraud—he said, "I was not there"—I saw them all in company except Gess bctore I arrested them.
Cross-examined by MR. GEOOHEGAN. There is always a number of dealers and others round the entrance to the repository—there is a publication published by the police called "The Hue and Cry"; not by the London police—there is the "Police Gazette," which is circulated in London and in the country—it contains a description of persons wanted—the horse claimed by Adamthwaite was sold by his wife for £7 11s.—we could not find an owner for it—this is the first time that Adamthwaite has been charged.
Cross-examined by Wright. I saw you at the corner of Tiverton Street with Adamthwaite about one hour and a half before you were arrested.
Cross-examined by Gess. I have known you a good many years—sometimes you had a moustache and whiskers; you varied—you are often at the Elephant and Castle—I have seen you with other people.
JOHN CABAN (Detective M). I was with Sergent Smith when Adamthwaite and Allen were arrested—on January 2nd the prisoners were in the waiting room a the police-court—I was in charge of them—I heard a conversation between them—Allen said, "Mate, which will get the most, those who helped or those who got the money?"—Adamthwaite said, "One is as bad as the other, we shall have to go for trail"—Allen said, "I wish we could get it settled; I suppose some kind friend has put us away."
Gess, in his defence, said that he always went clean-shaved; that he had been near the repository for years; that the prosecutor ought to have identified him before if he was the man, and that he was as innocent as a baby,—Wright said that he knew nothing about Southend.
GUILTY ., GESS and WRIGGT then PLEADED GUILTY to Convictions of felony. ALEEN September 15th, 1891, at this ourt; GESS ** on October 15th, 1895, at Brecon, and WRIGHT at clerkenwell on August 13th, 1894, there other convictions were proved against Wright
ADAMTHWAITE— Eighteen Months’Hardlabour , ALLEN— Fifteen Months’ Hard Labour. GESS— Three Years’ Penal Servitude. WRIGHT— Twelve Months’ hard Labour.
before Mr. Justice Bruce.
MR. HUTTON prosected.
GUILTY — Seven Years’ Penal Servitude.
MR. RAVE Prosecuted, and MR. CHARLES MATHEWS Defended.
During the hearing of the case the prisoner having stated that he was
GUILTY the Jury found that verdict.— Judgement respited.
210. ARTHUR COURTNEY LAUDER (31) Attempting to discharge a loaded revolver at Alexander Dunford, with intent to murder him. second Count: Maliciously sending certain letters to George Lauder, threatening to murder him.—The prisoner PLEADED GUILTY to the Second Count, and the Prosecution offered no evidence on the first — Discharged on recognisances.
ADJOURNED TO MONDAY, MARCH 6TH, 1899.