CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD MAY 8TH, 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.
STEVENS AND SONS, LIMITED, 119, CHANCERY LANE,
Law Booksellers and Publishers.
Vol. CXXX 1898-99
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, May 8th, 1899, and following days,
Before the Right Hon. SIR JOHN VOCE MOORE, KNT., LORD MAYOR of the City of London; the Hon. Sir EDWARD RIDLEY , one of the Justices of Her Majesty's High Court; Sir HENRY EDMUND KNIGHT , Knt., one of the Aldermen of the said City; the Right Hon. Sir CHARLES HALL , K.C.M.G., Q.C., M.P., Recorder of the said City; ALFRED JAMES NEWTON , Esq., Sir JAMES THOMSON RITCHIE , Knt., JOHN POUND , Esq., WALTER VAUGHAN MORGAN , Esq., HENRY GEORGE SMALLMAN , Esq., and JOHN CHARLES BELL , 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. SEVENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT—Monday, May 8th, 1899.
Before Mr. Recorder.
(328) PATRICK DONOVAN (31) , to stealing a purse and 4s. from the person of Annie Ruth Rohan, having been convicted of felony on June 4th, 1895.— Sixteen other convictions were proved against him,— Three Years' Penal Servitude. [Pleaded guilty: See original trial image.]
During the progress of the case the prisoner was taken ill, and DR. SCOTT, the Medical Officer of the Gaol, stated that she was too ill for the trial to be continued, upon which the JURY were discharged, and the trial postponed till next Session.
NEW COURT.—Monday, May 8th, 1899.
Before Mr. Common Serjeant.
330. JOHN KING (56) PLEADED GUILTY to feloniously having counterfeit coin in his possession, with intent to utter it, having been before convicted of a like offence.—Six previous convictions were proved against him, sentences of five years' and ten years' penal servitude had been passed upon him .—Seven Years' Penal Servitude. And
(331) THOMAS JONES (41), to forging and uttering an order for £10, with intent to defraud, having been convicted at this Court on April 22nd, 1895.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. WILKINSON Prosecuted.
THOMAS BROWN . I live with my parents at 285, Caulfield Street, Bethnal Green—on Tuesday, April 11th, about 7.30 p.m., I was near Mr. Webb's shop, a dairyman, and saw the prisoner, whom I did not-know
before, about 2 yards from the window, alone—he said, "Will you go and get 2 penny eggs?" and gave me a half-crown—I went in and gave it to Miss Webb in payment for some eggs—Mr. Webb came in and took the half-crown in his hand and spoke to me I went out, and did not see the man at first, but he came running by the shop, and Mr. Webb followed him—this is the coin—when the prisoner came out of the shop he said, "You come round the corner with me."
ROBERT WEBB . I keep a dairy at Three Colt Lane—on the evening of April 11th my daughter called me and showed me a counterfeit half-crown—I questioned Brown, and followed him out of the shop, and saw the prisoner 10 or 12 yards from the shop, just walking away—I followed him, caught hold of him, and asked if he gave the boy a half-crown—he said, "Yes"—I said, "It is bad; you will have to come to the station with me"—I fetched a constable—I gave the coin to the policeman; it is broken now; the Magistrate did that—the prisoner said that he got it at a horse race, and that he sent the boy in while he was talking to a friend—only 2d. was found on him.
CHARLES DOWNESS (227 J). I was on duty, and Mr. Webb brought the prisoner to me, and gave him into my custody for passing a bad coin—he said that he did not know it was bad; he had put a shilling on a horse that morning—when the charge was read he said, "I did give it to him; if it is wrong I have been done myself n—the prisoner's father keeps a small provision shop—they sell eggs there—he said that he met a pal, but did not know his name, and while he was talking to him he sent the boy in.
The Prisoner's statement before the Magistrate; I am a respectable working chap, and you take a convicted man as evidence." (The prisoner stated that Mr. Webb was the convicted man he alluded to.)
GUILTY .— Fourteen Days' Hard Labour.
MR. PARTRIDGE Prosecuted.
ELIZABETH BLACKMAN . I am employed at the post-office, 98, King's Cross Road—on April 28th the prisoner came in for a post-office order, and gave me a 5-shilling piece and left—I then found that it was bad, went to the door, and saw him running—I spoke to Mr. Tillbrook, who went after him and brought him back—he gave me back the order—I sent for the post-master—two policemen came and took the prisoner.
ALFRED TILLBROOK . I am a leather merchant, of 104, King's Cross Road—on April 28th the last witness came out quickly, and made a communication to me, and pointed out the prisoner running across the road—I went after him, tapped him on the shoulder, and asked him to return, which he did—he said nothing.
Cross-examined by the Prisoner. When I called after you you were three-parts across the road; not running, but hurrying
WILLIAM ALBERT FINCH . I am post-master at this post-office—Miss Blackmail called me, and I saw the prisoner—she said that he had given her a coin for a postal order, and she thought it was bad—I examined it and found it was very light—he said that he came from a race-course, and thought it had been taken for a debt—I asked him his name and address, wrote it down, and said, "It is my duty to report this to the police; will you go with me to the station?"—he said that he did not wish to—I said, "Then I must call in a policeman"—eventually two constables came.
CHARLES MATSAY (158 G). I was called to this post-office, and saw the prisoner; I asked him how he came by the coin; he'said, u I don't know; I attend race-courses to get my living; you don't suppose I should have stayed here if I had not been innocent"—he gave his address at a lodging-house—he was charged and made no reply.
GEORGE ROBERT FRENCH . I am employed at a post-office, 151, New Kent Road—on April 21st the prisoner came in for a postal order for 7s. and tendered a 5s.—piece, 2 shillings, and a penny—I tested the crown, and told him it was bad—he said that he obtained it from Epsom the previous day—I spoke to the post-master; he broke it, and returned it to the prisoner—I wrote up about it, and on May 3rd I was asked to go to the Police-court; and at the rear I saw 8 persons, and the prisoner was the third; I identified him at once—he made no remark.
Cross-examined. I went past the whole row, and put my hand on you and said, "That is the man"—I did not say, "I don't know you."
Prisoner's Defence: When the lady told me it was counterfeit I said I did not know it; I was sorry for it. I know nothing about the other charge.
GUILTY .— Six Months' Hard Labour.
ALEXANDER WILLIAM GRANT . I am a medical student, of 2, Vernoan Square, King's Cross Road—on March 9th I was with Mr. Window, just at the back of the hospital—we saw several men, and I received a blow behind my ear; I turned round and saw Mr. Winslow surrounded by a crowd, and saw him knocked down—I felt my watch-chain pulled, and saw the prisoner distinctly striking my friend with his fist—two men were taken in custody, and the prisoner was detained.
HORACE CLARK . I am a dealer, of Featherstone Place—on March 31st I was near an alley behind Chating, Cross Hospital, and saw Mr. Grant and another gentleman go up the alley, and the prisoner ran up and knocked Mr. Grant down from behind.
Cross-examined. I did not see you strike Mr. Winslow.
ALFRED BELL (Police Sergeant 394 E). On March 31st I was in Bed-fordbury—Mr. Grant called me—I ran up the court and saw Mr. Winslow with 5 men round him, and the prisoner holding his watch-chain—I grappled with the prisoner—he kicked me in the privates—I took him and charged him—he said, "I suppose I shall have to go through it."
Cross-examined. You were trying to get Mr. Winslow into a doorway, and some of you were trying to kick him—you did not walk from the other end of the court.
LYTILETON FRANK FORBES WINSLOW . I am a medical practitioner at Netley Hospital—I am not in the Army—I was with Mr. Grant—he was struck, and I went to his assistance—I was struck and knocked down—the prisoner struck me—I did not see whether he struck Mr. Grant-somebody made a grab at my watch-chain, but did not get it.
Cross-examined. Some men were up the court singing, but there was no fight.
The Prisoner, in his statement before the Magistrate, said that he got struck in the court and went out at the otlier end, and then went back to find his cap and muffler, and Mr. Winslow gave him in custody.
Evidence for the Dejence.
THOMAS CUMMINGS (The prisoner). About 10 or 11 on Good Friday night I and a friend and 2 young ladies were in the court—there was a bit of a row; I had had a little drop of drink; 1 got struck and fell down, and got up and walked up the court, and saw Mr. Winslow and the other gentleman—I walked back, because I had lost my cap and muffler, and Dr. Winslow said, "I will give this man in charge."
Cross-examined. I did strike Dr. Winslow, but not Mr. Grant—I was struck first before I struck a blow—it is not true that I had my hands on Dr. Winslow's watch-chain.
SIDNEY RICHMOND . I am a porter—the prisoner was standing at the bottom of this court with me and 2 young ladies—there was a bit of a row, and I left him to go up the court, and did not see him again till I was at the station.
Cross-examined. I saw some blows struck—if a witness says that Cummings was the first to strike, that is an absolute falsehood—I said at the Police-court, "These gentlemen came arm in arm and pushed straight through"—it is not true to say that they were one in front of the other—I have said, "They were inclined to strike him, but did not"—I know that, because they turned round—I said, "The court is very narrow, and the 2 prosecutors could not pass, and were waiting to pass"—it was in St. Martin's Lane, a month or two previously, that they pushed against the prisoner—what happened in the court has nothing to do with what happened afterwards—I know that they were the same gentlemen, because I saw them—they pushed Cummings, and then went on—there were a lot of young fellows drinking beer up the court—they got it from a public-house—the young ladies saw what went on as much as I did—they are not here.
Prisoner's Defence; All I say is I was struck first, and I struck in self-defence, because I thought he was the gentleman who struck me, and I
did not snatch his watch at all.— NOT GUILTY . Sentence on the first indictment, Nine Months' Hard Labour.
OLD COURT.—Tuesday, May 9th, 1899.
Before Mr. Recorder,
336. JOSEPH GRIFFIN (28), PLEADED GUILTY to breaking and entering the counting-house of William Warren and stealing a pair of nail scissors, having been convicted on January 16th, 1895. (Four other convictions were proved against him).— Fourteen Months' Hard Labour.
337. HENRY HENDRY (30) , to forging and uttering 4 transfers of shares in the Luipoards Vlei Estate and Gold Mining Co., Ltd., with intent to defraud, also to stealing 2 share certificates, the property of the said company, his masters,— Judgment respited. [Pleaded guilty: See original trial image.] And
(338) WILLIAM JONES (49) and CORNELIUS CONROY (61) , to forging and uttering an Army money-order for £3 8s. 6d., with intent to defraud; and CONROYto falsely representing that he was entitled to an Army pen-sion.—JONES Eight Months' Hard Labour ; CONROY Fifteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. PROBYN Prosecuted.
MARY ANN WEBB . I am the wife of Robert Webb, of 51, Seafas Street, Mile End Road—I was on-the Underground Railway on March 17th, about 1 p.m, going from Whitechapel to Wimbledon—I had a purse in my pocket containing 10s. 6d. in silver and some coppers, and two return tickets to Wimbledon—the prisoner got into the train at Aldgate and sat down close to me; I was sitting by the window, she sat on my right; my purse was in my rightdress pocket—as we were getting into Mark Lane Station I felt the prisoner at my pocket—she got out of the train—I put my hand into my pocket and missed my purse—I jumped out and caught her on the steps—I said, "Madam, you have my purse"—she said, "No, I have not;" and produced another purse—I turned her cape up, and she had my purse in the other hand—I took it from her—she said she had picked it up on the seat.
Cross-examined by the prisoner. I was flurried—I should have charged you—I had to leave a little girl in the train who had no money or anything.
JOSEPH CATHERALL , I am a porter at Mark Lane Station—I wag on duty on the platform on March 17th about 12.45—a train came in from Whitechapel—the prisoner got out of a third-class compartment and went hurriedly upstairs, the way out, immediately the last witness called out, "That lady has got my purse"—I went upstairs after the prisoner, and stopped her just before she got to the top—I said, "This lady accuses you of stealing her purse"—she turned round sharply; the last witness was then behind her, and also accused her—the prisoner said she had not got it, and produced her own purse—the prosecutrix took her own purse from the prisoner's hand—she was given into custody.
Cross-examined. There are two flights of stairs.
The prisoner's statement before the Magistrate: "I saw nothing of her."
Prisoner's Defence: They never gave me a chance. I picked the purse up on the seat.
GUILTY .—She then Pleaded Guilty to a conviction of felony on April 20th, 1896, and three other convictions were proved against her.— Eighteen Months' Hard Labour.
MR. MARTIN Prosecuted.
MICHAEL DELANEY . I am a coffeehouse keeper, of 96, Valence Road—about 10 p.m. on April 17th I was going along Valence Road with James Denis—I saw the prisoner there—I have known him by sight five or six years—there were five oi six men with him—I could recognise three of them—one of them came across to me and touched my pockets, and said some-thing I could not hear—I turned round to him, and the prisoner struck me on the jaw—I was knocked senseless to the ground—my head was cut—I cannot say if from the blow or from the fall—the prisoner and two others got on top of me and rifled my pockets—when I fell Denis stood over me with a stick, and said, "The first one who touches him I will knock down," but in spite of that they rifled my pockets, and took two watches and a locket—I next saw the prisoner on the 20th; I picked him out from ten or twelve others—I was hurt very seriously, and was not able to go to the Police-court at first—I had my head dressed by a doctor—my body was bruised—I was not drunk at the time, I had had a glass or two, and if I had not had some drink I should have made short work of the prisoner—if Denis had not been there I should have been half killed.
JAMES DENIS . I am a builder, of 44, Coventry Street—on April 17th, about 10 o'clock, I was going along Valence Road with the prosecutor arm-in-arm—I saw the prisoner there—I have known him by sight about 12 years—we had had a couple of glasses each; we were sober—the prisoner came up and touched the prosecutor—I said, "Why don't you go away? What do you want?"—another man came up and also touched the prosecutor, and the prisoner struck him—I stood over him with a stick, and said, "If any of you touch him I will knock him down"—I was struck on the head, and went down on the ground, that is why I am a little deaf—I got up, and saw the prosecutor on the ground—I took him to a doctor—whilst the prisoner was present I asked the prosecutor what he had lost—he said, "Two watches, a gold chain, and a locket"—I went to the Police-station and picked the prisoner out.
ALBERT HANDLAY (Police Constable J). I arrested the prisoner on April 20th in High Street, Whitechapel—I told him it was on suspicion of being concerned, with two others, of assaulting and robbing Michael Delaney of two watches and a locket about a week ago—he said, "I was not round there on that Monday night"—I said, "I did not say anything about the Monday night"—he said, "Wben did it happen?"—I
said, "I cannot tell you the day"—I took him to the station—the prosecutor identified him from among other men—at the Police-station he said, "I want it settled here."
Prisoner's Defence; I do not know anything about the robbery; I did not see Mr. Delaney that night.
He then Pleaded Guilty to a conviction on May 4th, 1896; and 3 other convictions were proved against him.— Eighteen Months' Hard Labour and 20 strokes with the Cat.
MR. R. INMAN Prosecuted.
JESSIE CROUCH (Detective, City). On April 28th the prosecutor made a complaint to me, and on Sunday, the 30th, I accompanied him to Bethnal Green Road and Club Row—I saw the prisoner in the roadway, and at I o'clock he went into the Swan public-house—I followed him with the prose-cutor and Detective Humphreys—the prosecutor went up and touched him, and said, "This is the man who stole my watch and chain last Friday"—I said to the prisoner, "We are police officers; you will be charged with stealing this man's watch and chain"—he said, "You are wrong, governor"—I took him to the station; on the way he said, "I never stole a watch in my life"—the charge was read over to him—he said, "Yes"—there were some hundreds of people about when the prosecutor picked him out. The nine of spades among a certain class of men means a mug or a fool—this is a representation of a goose (reading from a letter) and the crosses are kisses.
CHARLES ROBINSON . I am a tiler, of 39, Amery Place, Kingsland Road—on Friday, April 28th, about 12.30, I was in Lower Thames Street—I heard two men in deep conversation, the prisoner asked me if I wanted to buy a bird—I said "No"—he said it was a very good bird and worth 30s.—I said I did not want it—the other man said, "I have offered him 7s. for it"—the prisoner said the bird could sing "Home, sweet home" to the piano, and that he had kept it in his master's shop, but that it kicked up such a row that his master told him to take it out and sell it—he said he would not take 7s. for it—I walked a few yards after him—he said would I lend him my watch and chain until the other man came back with the money—I said, "No"—he said, "It will be all right; you can stand on me"—I gave him my watch and chain, and he put the bird into my hand and said, "Wait hero for half an hour, and the boy will come back"—the bird was in a paper-bag—I waited for half an hour, but they did not come—I went to my brother—the prisoner had given me a piece of paper with "Cooper and Cooper, 205, Cheapaide," on it—there is no such place—I was having tea at 7 o'clock, and this letter came "Dear Ted, much obliged to you," with some crosses on it—I gave information to the police—the bird never sang 'Home, sweet home," and it never will now, it is dead—I put it in a cage when 1 got home.
Cross-examined by the Prisoner. The other man did not ask me to buy the bird for him—you said the bird was worth 30s.—when we were talking my watch and chain was in my waistcoat pocket; I took it out—I was going to let you have it; you took it out of my hand—I wrote "Cooper and
Cooper, 205, Cheapside"—you said you lived there—I was not going to give you any money—I did not see the bird then, it was fluttering about in the bag—I got home about 6.30—the bird was in the bag from 12.30 to 6.30—I held the bag in my hand; there was some seed in it—when I got home 1 put the bird into a cage and fed it on some white seed—I was not told that it was a Japanese American finch—I was in Club Row on the Sunday-morning, and these birds were being sold for 1s. the pair.
MARK WILLIAM HOPKINS . I am assistant to Mr. Russel, 37, Fore Street, a pawnbroker—this watch (Produced) was handed in on April 28th, about 1 o'clock, to the best of my belief, by the prisoner—it was pawned for 10s.
Cross-examined. That is what it is worth; it might fetch 12s. under the hammer.
The Prisoner, in his defence, said tliat he received tlu watch from the prosecutor, but did not steal it, as the prosecutor lent it to him, and he sent him the paumticket.
GUILTY .—He then Pleaded Guilty to a conviction on September 14th, 1893, in the name of Thomas Taylor, and six other convictions were proved against him.— Three Years' Penal Servitude.
CHARLES HODGES , I am a porter in the employment of Charles Clear, draper, of 6, 7 and 8, Norton Folgate—I left the premises at 10.15 p.m. on Saturday, April 29th, I closed the doors—there were no marks on it.
Cross-examined. I have brought the door-posts here—there are marks on them now.
HENRY WADE (989 City), At 4.20 a.m. on May 1st I was in Bishopsgate Street—I saw the three prisoners—I had never seen them before—I kept observation on them for about five minutes in Spital Square; they walked into Primrose Street and turned into Appold Street—I saw them again about 5.20 standing near Messrs. Clears' premises—I sent for two plain-clothes constables.
Cross-examined. It was fairly light then—I knew it was 4.20 by the public-house clock, which I could see—the public-house was not open—I was in uniform—they were standing still.
----WINGATE (941 City). About 5.30 a.m. on Monday, May 1st, I was in Bishopsgate Street with Detective Clements—I saw the three prisoners standing, two on one side of the road and one on the other—they went to the revolving shutters of the door of 6, 7 and 8, occupied by Clear—Wilkins turned his back to the door, drew a jemmy from his pocket, placed it in the door, and leaned forward—Johnson lifted his knee and struck the door—Graham stood on the kerb looking right and left—they started to move away, and a Metropolitan constable came from Spital Square—he overtook them—they stood still, and then returned to the same door, and I saw Wilkinson do the same thing, being
covered by Johnson, Graham standing on the kerb—they then came towards me and the other officer—we went into the public-house at the corner of Acorn Street—they stood outside a chemist's—Wilkins faced the gate, and placed this jemmy (Produced) in the door, covered by Johnson, Graham, standing on the kerb—they then moved away, a uniformed constable passed by, and after he had gone they returned to the gate, and made another attempt, and afterwards came over into the public-house door where we were—I went oat to get assistance, and returned with Police Constable Barton to where the prisoners and Clements were—addressing Wilkins, I said, "We are police officers, we are going to arrest you for being suspected persons, attempting to break and enter two different premises and also having housebreaking implements on you by night"—they made no answer—Barton took Wilkins, and we took the other prisoners—Wilkins withdrew his right hand from his overcoat pocket, exposing this jemmy—it was taken from him—at the station I found this piece of coal on him amongst other things—in answer to the charge he said, "I have only just met the other two"—the coal is thieves' luck—Wilkins and Johnson gave false names, and said they had no fixed abode—Graham refused his address—I have examined the doors of 6, 7," and 8, Norton Folgate, and there are marks corresponding with this jemmy.
Cross-examined. I have reasons for knowing that Wilkins' right name is not Wilkins—there is a person in Court supposed to be his father—I have not asked him his name—Wilkins had a very bad accident last January; he was shot in the neck,—I believe—I believe he was a month in the hospital—I do not think he has got his full muscular power; I think his left arm is much weaker than his right—this door is as strong as the majority of revolving shutter doors—this took place between the changing of day and night officers—no other plain-clothes men would be out—I had reasons for being in thit street—a man could easily open that shutter without being seen—a constable passes about every 15 minutes—I should say it would have been very difficult for an ordinary passer-by to observe anything happening at all at that door—I could not see the jemmy then—I said I did not know that it was a jemmy, I saw it was a tool of some description—Wilkins was apparently carrying it half up his sleeve and half in his pocket, and when he withdrew his hand from his pocket it left more than could be concealed by his pocket—he could not take his hand out without exposing the jemmy
Re-examined. It would be difficult for a passer-by to see what was going on at the door, because his right hand was so close behind his back, and the other man was covering—I knew Wilkins under the name of Long.
ARTHUR CLEMENTS (986 City). I was in Bishopsgate Street on the morning of May 1st with the last witness—I saw the three prisoners outside 6, 7, and 8, Norton Folgate—Wilkins had got his right hand behind his back, and with this jemmy was attempting to force the door—Johnson was striking the door with his knee, Graham was standing on the kerb looking to left and right--a metropolitan constable going off night duty was going round Spital Square—Graham said something to the others, andthey walked
away towards White Lion Street—the prisoners came back and repeated same thing—we were in a doorway at the corner of Skinner Street—they got disturbed by somebody, and they walked towards Bishopsgate Street—Wilkins went to the gateway of 89, a chemist, and applied the tool to the gate—Johnson shoved the gate, and Graham stood looking out—they were interrupted by another constable, and they walked away—Graham followed the constable into Skinner Street, and then returned to the others and spoke to them, and they went to the gate again and did the same things again—they were disturbed and walked across to the public-house where we were—the last witness spoke to them—Wilkins said, "I have only just seen these two"—the others said nothing—they were taken to the station—I have not examined the door.
Cross-examined. The door has two locks on it—I should not like to have to break it open in half an hour—I think you could tell that there were two locks on it from the outside—we were 50 or 60 yards off—I know Wilkins; I do not think that is his real name—I have known him as John Long—he has never been convicted before.
Witness for Wilkins' Defence.
----—LONG. I am a tailor, of 8, Blossom Street, White Lion Street, Norton Folgate—Wilkins is my son—he had been working for me since he left school up to his accident—he has always been a good son—I know nothing wrong of him—he is married; he does not live with me—he was shot in the throat, and the bullet was taken out of the back and caused paralysis—that was in January in a row in the streets.
GUILTY .—JOHNSON then Pleaded Guilty to a conviction of felony on March 2nd, 1896, and 3 other convictions were proved against him. WILKINS or LONG had been shot by another thief in a "row" over the division of the proceeds of a robbery, but he had never been convicted. JOHNSON— Twelve Months' Hard Labour. WILKINS— Eight Months Hard Labour. GRAHAM— Six Months' Hard Labour.
NEW COURT—Tuesday, May 9th, 1899.
Before Mr. Common Serjeant.
MR. MUIR and MR. BYRON Prosecuted.
After the commencemeut of the case the prisoner stated that he wished to Plead Guilty, upon which the JURY found him
GUILTY .— Ten Months'Hard Labour.
MR. O'CONNOR Prosecuted.
the prisoner rushed at me from tne kerbstone, shouldered me, and said, "What are you up to?"—lie punched me and took my charm, chain, and watch—I had my latch-key in my hand—I ran after him and struck at him with my umbrella, when another man who I thought was assisting me knocked me down against a brick pier, but my silk hat saved my head from a serious accident—I gave £7 for the charm and 2 guineas for the chain—the whole value was about £20—I had bought them the night before—I identified the prisoner at the Police-station a week later.
WILLIAM COOLING (733 K). About 7.15 on April 13th I was in the Mile End Road, and saw the prisoner moving about among the people in a suspicious manner—I kept observation upon him at about 300 yards distance—I lost sight of him—I saw him again about 8 p.m., still loitering and standing at a corner—I kept him under observation till about 8.30, and then lost bight of him till 9,15, when I said, "What are you doing loitering about here?"—he said, "Nothing"—I asked him where he lived,—he said, "At the Victoria Home, Whitechapel"—I took him into custody for loitering with intent to commit a felony—I took him to the station—a description was given of a man who had snatched a man's watch-chain—he was put with other men and identified by the prosecutor.
The Prisoner, in his defence, stated that he was at home with his wife having tea on the night of this robbery, at 7.30, and had a witness to I prove it.
MRS. WYATT. I am the prisoner's wife—he was not out on April 7th—I think it was Thursday or Friday—he was arrested on the 13th—he came home between 3 and 4 on the 7th—he stopped in all the evening—he goes about selling—we had tea at 7 o'clock.
Cross-examined. He sells books and papers—he goes out with a cigarette box—he works at all sorts of things—he pleases himself as to what time he goes out in the morning—he does not always come home at 5—I do not say he is a labourer—he is never out after 7—before he was arrested he said, "I am going round the corner and won t be a minute," and the poor fellow had not been gone a quarter of an hour when he came along with the police—I asked what was the matter, and they said he was took as a suspected person, and the two detectives passed me with him—I live at 57, Flower and Dean Street—I do not live at the Victoria Home, Whitechapel—I have been married to the prisoner about a year and six months—I think he then lived in the Victoria Home—sometimes I go out with him—we are more in than out—I go out in the Mile End Road—he is not always there—he is never there with me—I am not there every night; say three or four times a week—it is about half an hour's walk from home—I left him about 7.45 on the 13th.
WILLIAM COOLING (Re-eocamined). I did not see the prisoner with anyone—he was searched at the station—on him were found a counterfeit shilling and four pawn tickets—I saw no woman about—if the prisoner's wife had been with him I must have seen her—I was on special duty in plain clothes—the prisoner is living in a lodging-house with this woman.
GUILTY **—About fourteen convictions for workhouse offences were proved against him.— Eight Months' Hard Labour.
MR. COOPER Prosecuted.
JOSEPH TAYLOR . I am a cellarman, of 80, Salmon's Lane—on April 23rd, about 12.30 p.m., I was in Green Street, Ease End, on my way home—it is close to Ratcliff—three men followed me—one seized me by my neck, one put his knee in my back, and one took my coppers—I had six-pence—I had also my week's wages, but my wife screamed and the men ran off—I ran after them, and did not lose sight of the prisoners till I gave them in charge as they were crossing towards Stepney Station—they ran side by side into Commercial Road—one got away; policeman caught the other two.
ALICE TAYLOR . I am the wife of Joseph Taylor, of 80, Salmon's Lane—on April 23rd I was walking home with him near Green Street—one man took hold of him, another pulled him down, and another shoved me away on the other side of the road—one put his hand in his trousers' pocket and took out some coppers—they ran away—I followed them with my husband—we did not lose sight of them—the prisoners are two of the men—the third man got away—I saw the prisoners taken into custody in Commercial Road.
Cross-examined by the prisoner Corser. I was not the worse for drink—I ran after the prisoners about 100 yards.
HENRY LAFORT (412 H). On the morning of April 23rd I was on duty in the Commercial Road, near Stepney Station—in consequence of a communication J oseph Taylor made to me, I followed three men, with 397 H, for 50 yards, and got in front of the prisoners—they were walking fast—I told them the charge—they said. "All right, we will go to the station"—I took them to Arbour Square Police-station—they were charged, and made no reply—Mrs. Taylor followed about 6 yards behind—the prisoners were searched at the station—3 shillings and 11 pence were found on Corser, and 6d. and a penny on Allpress—the prosecutor and his wife were sober—I have no doubt the prisoners are the men.
Cross-examined by Corser, Mrs. Taylor was very excited at the station.
ARTHUR WEAL (397 H). I was with Lafort in the Commercial Road—in consequence of the prosecutors' complaint I followed and arrested a third man on the opposite side of the road—the prisoners were taken to the station and charged with robbery on the prosecutor—the prosecutor seemed sober.
Allpress, in his defence, stated that he was not there, and knew nothing about it. He produced two written characters, one being a discharge from the Marines. Corser, in his defence, stated that the prosecutors were drunk, that Mrs. Taylor had to be turned out of the station, and they had made a mistake in the men whom they had seen running away.
NOT GUILTY .
OLD COURT.—Wednesday, May 10th, 1899.
Before Mr. Justice Ridley.
The GRAND JURY having thrown out the bill, MR. CLARKE HALL for the Prosecution, offered no evidence on the Inquisition.
NOT GUILTY .
MICHAEL HOSEY (439 X.) About 5.15 p.m. on April 26th I was in Portland Road, Notting Hill—I saw a light two-wheeled spring cart turn out of Clarendon Road into Portland Road—the prisoner was driving it alone—the horse was galloping—I should say he was going about 16 miles an hour—there is a slight decline from Clarendon Road down to the corner—as he was coming down I went into the roadway, and put up my hands and said, "Stop; you are going too fast"—I was about a yard from the pavement—he did not slacken his pace at all—he passed round the corner by a baker's shop at 11 galloping—I followed—I saw a child playing with a mail-cart or a box on wheels in the road about a yard from the pavement—it was caught by the near side wheel, which passed over it—the prisoner's horse was still galloping—I shouted at the top of my voice, and I blew my whistle; he eased up directly he had run over the pram from a gallop to a trot—he looked round and let the reins fall on the horse's back, which went on at a very fast trot—I ran after him and shouted—he went about 100 yards after he had run over the child before he stopped—there were several people in the road-way—he stopped in front of Colley's shop—I went up to him and asked him to get down—I saw he was drunk—I said "You have run over a child, and I shall take you to the station for being drunk and furiously driving"—he said, "Oh! all right, I will go quietly"—before that I had given instructions to another constable to take the child to the West London Hospital at once—at the station the prisoner said, "I want to see a doctor"—the inspector told him he would have to pay 3s. 6d. for a doctor—he said, "Do you say I am drunk?"—the inspector said, "Yes"—then the prisoner said, "Yes, I must be drunk,"—he did not see a doctor.
Cross-examined. He was about 80 yards away when I first saw him—I kept my hands up and tried to stop him till he was within 50 or 60 yards—he was going at a furious pace when I first saw him—I did not see the horse trip—there was no other traffic there—the street there is about 34 ft. vide—the prisoner turned the corner quite safely—he was in the middle of the road—I first saw that he was drunk when he got out of the cart—he was not examined at the station.
Re-examined. When the inspector said he was drunk the prisoner said, "Well, if you say I am drunk, I must be," or something like that—he could have got past the child without running over it—the distance down the Portland Road is about 77 yards to the baker's shop—I could see both ways; I was standing at the corner.
Portland Road—I am the mother of the little boy who met with this accident—he was 6 years old last January—on the afternoon of the accident he went out about 5.10 with a gocart—I heard some shouting in the street, and when I got to the front door I was called, and was told my little boy was run over—he was taken to the hospital, where he died the following morning.
GEORGE FREDERICK BRIGGS I am house-surgeon at the West London Hospital—the deceased was brought there about 5.30 on April 26th, complaining of a pain in his stomach—I did not notice any external mark then—about 10 o'clock that night he became very much worse and an operation was performed—I was present—it was found then that the stomach was ruptured—it was sewn up, and he improved for a time, bat about 4 o'clock the next morning he became worse, and died at 7.35 a.m.—I made a postmortem examination, and found that there was a rupture of the front wall of the stomach about 3 inches long, and a quantity of blood round the left kidney—the cause of death was the shock following the rupture of the stomach—a mark was noticed across the stomach at the time of the operation; it might have been produced by a wheel—the wheel of a cart passing over him in that place might rupture the stomach.
Cross-examined. I cannot say if the wheel had gone over the stomach rapidly or slowly—if it had gone slowly there would have been more pressure on the stomach—the pressure was very severe.
Re-examined. To a child of that age the wheel of a tradesman's cart going over it would always be severe, whatever pace it was going.
JAMES CORRIGAN . I am 15 years old, and live at 123, Portland Road—about 5.30 on April 26th I was in Heathfield Street, in the middle of the road—I saw a cart coming down the Portland Road from Clarendon Road very fast; the horse was galloping—the prisoner was driving—he was in the middle of the road—I saw a policeman put his hand up and tell the prisoner to stop—he did not stop—the cart went round the corner, and I heard a crash of wood—I ran round the corner, and I saw the cart just after it had run over somebody—I saw the policeman running after him, calling on him to stop—he went on at the same pace—I saw him stop at the corner—the cart came back, and the prisoner got down—he was either drunk or dumbfounded.
Cross-examined. I did not see the horse stumble—I did not see the prisoner pulling at the reins; he had them in his hands—I did not see him run over the boy.
MINA DIXON . I am the wife of Alfred Dixon, of 75, Peel Street, Kensington—about 5 o'clock on April 26th I was standing in Portland Road, Notting Hill, between the lamp-post and the barber's shop—I saw the little boy picking up stones and putting them into his little cart—he was about a yard from the kerb—I saw a horse galloping round the corner—he ran over the little cart, and then over the child's stomach—when the horse was galloping I heard a policeman running behind and shouting to him to stop, just before he had run over the child—after that I shouted out, "Stop! You have killed him!"—he took no notice; he took the whip and slashed the horse—he had not whipped it before—I saw him stop at the butcher's—he was brought back—I saw him get out of the cart—the policeman asked his name—he did not give it at first—
the policeman said, "Get down out of your cart"—he got down and gave his name, and the policeman took him to the station, I think.
Cross-examined. The prisoner did not seem to be drank—he got out of the cart without assistance; no one held him up—he was holding the shafts with his hands—I did not see him go away—I saw the policeman take hold of his arm—I saw him for about 10 minutes—I was close by him—there were some people in front of me, I could only see his head—his voice did not appear to be thick—when he came round the corner he was go ng as hard as ever he could; as he came round, the cart seemed to heave up on one wheel—I saw him slash the horse—I did not see anybody run to the horse, or get in front of it—the horse was panting and perspiring—it looked as if it was very much exhausted.
ELIZABETH JENNER . I am the wife of Henry Jenner, of 193, Portland Road—on April 26th, about 5.30, I was on the pavement about 4 doors from my own house—I saw a cart coming from Clarendon Road as fast as the horse could go—I saw him turn the corner, and heard the crash of the wooden cart—I saw two people pick up the child; I did not see the cart go over the baby—I saw it go on afterwards—the prisoner picked up his whip and slashed the horse—I heard the constable blowing his whistle—the prisoner was very drunk.
Cross-examined. The prisoner was staggering?—I did not see him get out of the cart—I saw him standing by it——he had the appearance of drink; he smelt of drink, and he looked very red—if I saw a man driving a horse very fast I should not think he was very drunk—I cannot say how many times he used his whip—the horse was not going straight, he was going zigzag.
THOMAS BUCKLER . I live at 108, Portland Road—on this day I was standing at my door—I heard shouting and a policeman's whistle—I saw a cart coming towards me; the horse was galloping—I saw it collide with a mail-cart—then the prisoner urged his horse on with the reins and whip—I took the child to the West London Hospital in a cab—I saw the prisoner brought back by the constable—he was drunk.
Cross-examined. I did not see the prisoner get out of the cart—I did not see the cart stop—the prisoner was bending down in the cart with the whip in one hand and the reins in the other, beating the horse—he was going 12 or 14 miles an hour—I did not see him oonae round the corner—his walk and general manner made me think he was drunk—my attention was occupied by the child—I did not speak to the prisoner.
HARRIET BATT . I am the wife of Charles Edwin Batt, of 116, Portland Road—about 5.30 on April 26th I was at my front door—I saw a cart coming down the road—the prisoner was driving very fast, and he whipped his horse to go faster—my husband gave chase, but he had not gone very far when he was stopped at Mr. Colley'a, the butcher—I saw the mail-cart broken in the road—it was run over before I saw the prisoner.
FRANK EVERETT . I am a bricklayer, of 155, Portland Road—on the afternoon of April 26th I was sending in the Portland Road at the pawn-shop at the corner of Hippodrome Place—I heard shouting and a whistle blowing—I saw the prisoner in a cart coming along—I ran out into the road and said,." Stop! stop! The police is after you"—he pulled up outside
Mr. Colley's shop—I did not go in front of him—he was going between 12 and 14 miles an hour; that was after he had run over the child—I saw him get down and taken to the station—he was drunk.
Cross-examined. He did not pull up at once when I called out; he stopped in about 10 or 11 yards—he turned the horse round and went back in the direction of the police—he had the reins in his hands—he had a whip in his hand when I saw him—I saw him flogging his horse—he was going as fast as he could—I did not see him run over the child.
Cross-examined. I saw him stop; he pulled up of his own accord—he turned round and went back—I did not see him till he pulled up—he was driving on the near side.
JOHN FENNIMORE (Inspector). I was at the Police-station when the prisoner was brought in on April 26th—he was drunk—the constable charged him with being drunk and furiously driving—he asked to see a doctor—I told him he could have one if he paid 3s. 6d. for the fee—he said, "Do you say that I am drunk?"—I said, "Yes"—he said, "If you say that I am drunk, then I must be"—I was satisfied that he was drunk; if I had not been I should not have taken the charge—at 10 o'clock the following morning I saw him at the West London Police-court—I told him that the child had died, and he was charged with manslaughter—he made no reply.
Cross-examined. He was searched at the station; he had no money on him—we do not take everything away from prisoners; we take knives or matches.
By the JURY. He was not insensibly drunk; if he had been I should have called a doctor to say if he was in a fit state to be put into the cell; he was staggering; he smelt strongly of drink, and his speech was very thick—he was quite incapable of taking charge of a horse.
GUILTY .— Six Months'Hard Labour.
NEW COURT.—Wednesday, May 10th, 1899.
Before Mr. Recorder.
350. FRANK SIDNEY JONES (28) PLEADED GUILTY to forging and uttering an order for £30 17s. 3d., with intent to defraud; also, to forging and uttering an order for the delivery of 50 cheque forms, with intent to defraud. He received an excellent character.— Judgment respited ,
352. ALLEN RICHE (54) , to forging and uttering an order for £5 5s., with intent to defraud; also, to unlawfully obtaining £3 5s. from Robert King, and £2 8s. 2d. from Herbert Bryant Moody, by false pretences; having been convicted of alike oftence on November 18th, 1895, in the name of Renton.— Fifteen Months' Hard Labour [Pleaded guilty: See original trial image.]. And
(353) JOHN MOULD (26) , to unlawfully obtaining from George Draper £25, and other sums from John William Evans and other persons by false pretences.— Jugment respited. [Pleaded guilty: See original trial image.]
WILLIAM HAMILTON . I am a cycle repairer, of 61, Alice Road, Mile End—on Sunday, April 30th, I was in Cygnet Street, looking at some men gambling in the street with dice—I turned round suddenly and found the prisoner's hand in my waistcoat pocket, where I had 1 1s. 6d., and saw some silver in the prisoner's hand—I counted my money and found I was 5s. short—I said, "Here, old fellow, you haye got my money"—he said nothing; I asked him a second time, and he knocked me off my balance, but I did not fall—9 or 10 others came and kicked me and punched me—I was pulled out of the crowd, went to the station, got a detective, went with him down Slater Street, saw the prisoner in a crowd of 50 people, and the detective arrested him—he denied attacking me at the time, but at Worship Street, when I had finished my evidence, he said that he only took a half-crown from me.
The Prisoner here stated that he would Plead Guilty to larceny.
GUILTY of larceny only .—He then Pleaded Guilty t to a conviction at Worship Street on December 2nd, 1898; and three other convictions were proved against him.— Twelve Months' Hard Labour.
MR. JOHNSTON Prosecuted.
DAVID LEVIN . I live at 57, Bow Lane, Poplar—on Tuesday, April 18th, a little after 9 p.m., I was in Brick Lane, and went into Thrawl Street; somebody ran up behind me and gave me a knock on my back—I went down on the floor, and 4 or 5 of them were on me, robbing me—the prisoners are two of them—Funnel 1 put his knee in my stomach, and another, I do not know which, put his hand in my pocket—Willmore put his hand in one pocket and took out 8s.—I twisted his hand and tried to get up, and shouted, "Murder!" and "Police!"—my finger was bleeding—I put my silk handkerchief round it, and that went and my hat too—I spoke to two policemen, and one went with me and the other the other way, and I saw both the prisoners at the corner—they ran away when they saw the policemen—on the next evening I was called to the Police-station—there were a lot of men there, and 1 identified the prisoners because I had seen one of them in the street before; and he had the cheek to say to a friend, pointing to me, "I won't have any more luck now that cock-eyed fellow has gone by"—on the Thursday I was called again to the station, and picked out the other prisoner.
Cross-examined by Funnell. You are the man who put your knee on my stomach, and Willmore is the man who robbed mo—he had the money in his hand.
GEORGE CORNISH (377 H). On April 19th I was in Brick Lane, and saw Funnel—I said that he answered the description of a man wanted for assault and robbery, and I should take him on suspicion—he said, "Give us a chance; I was in the lodging-bouse, and did not come out till I a.m."—the lodging-house is 60 or 70 yards off—I took him to the station—he was placed with 6 or 7 other men, and the prosecutor said, "That is the man"—it was about 9.45 when the prosecutor came to the station and complained, but he had void me in Commercial Street, about 9.15 or 9.20, that he had been robbed—I was in Thrawl Street on the 20th, and saw Willmore outside a public-house, and said that I should arrest him on suspicion of stealing, and robbing a man in Tbrawl Street on Tuesday night—he said, "On Tuesday night?"—next morning he was placed with 7 men, and the prosecutor identified him and said, "That is the man who took my money"—Willmore made no answer to that.
Cross-examined by Willmore. 1 I did not arrest you on the Tuesday when I saw you, because I was not aware you were wanted, but when I «aw you again I arrested you.
Re-examined. I saw Willmore about 12 o'clock on the Tuesday—I had arrested Funnel, and he asked me to get him something to eat—I went to the lodging-house to get it, and saw Willmore there.
Funnel produced a written defence, stating that he was not out of the kitchen from 8.30 till 12 o'clock; that he was the victim of others, having got into bad company, and should be glad to get away from them and go to sea.
FUNNELL— GUILTY . He then Pleaded Guilty to a conviction at Clerkenwell on December 7th, 1897, and four other convictions were proved against him, some of which were for robbery from the person.— Eighteen Months' Hard Labour, and Twenty Strokes with the Cat . The JURY were unable to agree to any verdict as to WILLMORE .
MR. WARBURTON Prosecuted, and MR. RANDOLPH Defended.
SARAH PARTRIDGE . I assist Mr. Orchard, the manager at the Army and Navy Stores, and am employed to watch people—on April 19th, about 3.30, I saw the prisoner take two books and conceal them under her cloak—I followed her downstairs into the stationery department, first floor, where she went into a recess and put the books into a string bag—I followed her to the tobacco department, ground floor, where she took a cigarette-case into her hand, and her hand went under her cloak—I spoke to Mr. Tasker, the assistant, who stopped her as she left.
Cross-examined. She was stopped as she was going out at the outside door.
HERBERT TASKER . I am assistant to Mr. Orchard—on April 19th, about 3.30, the last witness pointed out the prisoner to me in the tobacco department, and I saw her take a cigarette-case and put it under her cloak—she attempted to leave the place—I stopped her on the steps out-
side and said, "You have some things which you have not paid for"—she said, "Yes, I have"—I said, "You have other things in that bag"—she said, "Yes, I have; I intended to pay for them"—I took her into the office.
Cross-examined. There is a clock outside.
ALFRED WILLIAMS . I am an assistant at the Stores—on April 19th, at 3.30, I was passing the tobacco department and saw the prisoner take a match-box from a table and put it under her cloak—she then passed up the room and went to another table—there were a good many people there.
JOHN ORCHARD . I am employed at the Army and Navy Stores—I was there when the prisoner was brought in, carrying a bag—I said, "Are you a member of the Stores?"—she said, "No, I am not"—I asked her to empty the things on the table, and said, "Show me the bill for these things"—she said, "No; I can't"—she took these two match-boxes from her packet and said, "I have paid for these, but not for the others; I took the things to show to a lady, and if she liked them I was coming back to pay for the lot"—they are worth 30s.—she said that she had just come from Australia—I said, "Where did you sleep last night?"—she said, "46, Waterloo Road"—she afterwards said that that was a false address, but I found it was the true one.
Cross-examined. She did not say, "I know I have done wrong; I ought to have gone to the office and got the ticket number"—she had come from Australia on the previous Sunday—she had bought an ink bottle and paid for it without being a member; she said that she threw tho bill away, she had taken it to show to a man and ask him the price, which was 11 1/2 d., and the counter-man wrote her a number—people look at things and go to the counter-man, and have an account made out and pay it to me—the prisoner was still in the department.
LEONARD MATHEWS (242 A). About 4.30 on April 19th I took the prisoner in custody—going to the station, she said, "I admit I took the things; I was going to pay for them"—I found a parse on her with more than £2 in it.
The Prisoner, in her defence, stated that her right name was Walpole, that her father was a clerk in a bank in Ireland; thai she arrived from Australia on the previous Saturday, and went to the stores on the Monday, and bought an ink-bottle, and not being a-ticket holder or a shareholder, the man gave her a ticket without a number, and she went and paid; that she wanted some other things, and did not deny taking them, but did not conceal them in any way; that the prices were marked except one, which a boy said was 4 1/2 d.; that she wanted the cigarette-case for a lady, and she took it to show to her; that she had more than £2 in her purse; that her uncle was a member of the Stores, but she was not aware whether he was so still, and her aunt had been a shareholder; that she was going into the office to get her uncle's number, but went outside to look at the clock.
SARAH PARTRIDGE (Re-examined). I saw her take the cigarette-case from the table—I had her under observation all the time—a little boy who minds that table was standing there—I cannot say whether she spoke to him or not.
By MR. RANDOLPH. I have never mentioned the silver cigarette-case till this moment, because she did not take it.
H. TASKER (Re-examined), I saw her take the cigarette-case from the table—she did not open it—before she took it up the boy's attention was taken off, and then she picked it up and put it under her cloak.
Cross-examined. I have never suggested before that she waited till the boy looked the other way—I was never asked before.
GUILTY .—Strongly recommended to mercy by the JURY. The officer stated that she had communicated with her friends, but had heard nothing.--- Judgment respited.
THIRD COURT.—Wednesday, May 10th, 1899.
Before Mr. Common Serjeant.
357. CECIL HARRISON (32) PLEADED GUILTY , having been entrusted with securities as a broker for Emily Whittington and others, and applying the same to his own use and benefit, Harrison toon stated to have been associated with Frost, who was convicted of a similar offence at this Court in July , 1898. (See Sessions Paper, Vol. CXXVIII., page 868).— Three Years' Penal Servitude. And
(358) GEORGE PLUMMER (47) , to conspiring with Harrison by false pretences to defraud persons desirous of purchasing stocks and shares, and to obtaining from Emily Whittington and others securities and moneys. Plummer received a good character.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. JOHNSTON, for the Prosecution, offered no evidence.— NOT GUILTY .
360. PERCY FOWLER (26) , Stealing the carcases of three sheep and two lambs, the property of Thomas Borthwick and others, his masters; and EDWARD SPINKS (38), SIDNEY SMITH (22) and ALFRED HOYE (46), Procuring Fowler to commit the said felony. Other Counts for larceny and receiving. Fowler Pleaded Guilty.
MR. MUIR Prosecuted, and MR. LAWLESS appeared for Spinks, MR. HILLARY For Smith, and MR. ELLIOTT for Hoye.
ARTHUR STAINTO N (417 G). On April 7th, acting on instructions of my superior officers, I obtained employment of Thomas Borthwick and Sons, of 367, Central Meat Market, as meat porter—I wore a butcher's blue smock—I watched Fowler, who was employed there—at 7.30 a.m. I saw him take down the carcases of 3 sheep and 2 lambs, remove the covers, and hang them by the side of the scales in another part of the premises—he did not weigh them—I watched him till 9 a.m., when Smith and Spinks came in—I was right behind Fowler—he said, "Here you are," and placed one sheep and two lambs on Spinks's shoulder, and two sheep on Smith's shoulder—they carried them up the avenue of the market, Fowler not making any entry in his book—I went out through another
door, and gave information to officers outside, pointing out the mea—after five minutes Detective Smith and another officer spoke to them, and I took Fowler into custody—Detective Smith went to the shop to take charge of the books—at the station the four prisoners were charged together—when Hoye was brought to the station he was confronted with Spinks—Hoye said, "I know nothing about it"—Spinks said, "He told me to go there, and there would be something for me," and Hoye said, "Yes, I did tell you to go there, and there would be something for you."
Cross-examined by MR. LAWLESS. I went to the meat market on the Thursday before Good Friday—I represented myself to have come from Birmingham—I looked very queer, and one man gave me 2d. and another Id.—I did not know much about the custom of the trade at the time—I was about two yards behind the prisoners when Spinks came in—I did not hear Spinks say to Fowler, "Have you anything for me today for Hoye?"
Cross-examined by MR. HILLARY. Smith simply let them put the sheep on his shoulder—I believe he worked for them as a meat-carrier.
Re-examined. Spinks and Smith were inside the shop when Fowler said, "Here you are"—I was not many yards away, right at the back.
DANIEL DENNING (City Detective). I was employed with other officers to watch the men at Borthwick's shop on April 7th—I saw Smith and Spinks carrying three sheep and two lambs in West Smithfield to a van—in the presence of Thomas and another officer I said to them, u Those sheep are stolen"—the officers conveyed them and the sheep to Snow Hill Police-station—I said to Spinks at the station, "Who sent you for those sheep?"—he said, "My partner, Hoye"—then I went to the market and said to Hoye, "Smith and Spinks are in custody for stealing three sheep and two lambs; Spinks alleges that you told him to go Mr. Borth wick's shop for them"—Hoye said, "I know nothing at all about it"—I said, "You will have to come to Snow Hill Police-station"—at the station Spinks said to Hoye, "You sent me for those sheep and lambs"—Hoye said, "Yes; I did send you for something;" or, "I told you to go for something."
Cross-examined by MR. LAWLESS, I saw the carcases put on the van before I spoke to the prisoners—what I said before the Magistrate is correct—I gave sufficient evidence for the remand, and then gave further evidence.
Cross-examined by MR. HILLARY. I only know Smith as a licensed meat-carrier.
CHARLES SMITH (City Detective). I went to Mr. Borthwick's shop after I had seen the sheep put in the van, and took charge of Fowler's and the clerk's books—there was no entry of the three sheep or the two lambs.
ALFRED LANDRIDGE (243 G). I saw Smith and Spinks carrying sheep and lambs to Sayers's van—I was in plain clothes—I told Spinks I was a police officer, and asked him where he got those sheep and lambs from, and I told him I should take him into custody for being concerned, with others, iu stealing from Mr. Borthwick's shop—he made no reply—he seemed dazed—on the way to Snow Hill I asked him for his book—he gave me this book, and said, "What I have done I have done acting under the nstructions of Hoye"—I looked through the book and said, "I have
looked through the book for any entry, and I cannot find one"—he said, No, I have not made any"—when charged he made no reply.
Cross-examined by MR. LAWLESS. Denning spoke to Smith and Spinks first.
Cross-examined by MR. HILLARY. As far as I know, Spinks had no connection with Smith except as a porter.
WILLIAM ADAMS (City Detective). I kept observation on Mr. Borthwick's premises—I arrested Smith—I told him I was a police officer, and he would be charged with being concerned, with others, in stealing three sheep and two lambs—he said, "I know nothing at all about them; I only went with Spinks to assist him in carrying them out"—I have known Smith casually as a porter for anybody who would employ him.
THOMAS SIMONS . I am a clerk to Mr. Borthwick, a meat salesman—Fowler was the scalesman—his duty was to weigh the meat purchased by the customers, and to enter it in a book when delivered with the purchaser's name and the weight—I copy the entry from his book—there is no entry—I never saw Spinks, Smith or Hoye.
Cross-examined by MR. LAWLESS. A purchase might be entered before it is called for.
JAMES SAYERS . I am a meat-carrier—three sheep and two lambs were put into my van on April 7th—I know nothing about them—I know Hoye as a meat-carrier—he has a butcher's shop near Rotherhithe—I allow him to use my cart, not to his shop, but to railway stations—I have no objection to his using it for meat for his shop; I have sent it sometimes.
Cross-examined by MR. LAWLESS. I have known Spinks four or five years or more—he is a packer—I have known Hoye a long while—I have known them as carriers only.
Cross-examined by MR. HILLARY. I have employed Smith—he is generally known in the meat market as of good character, so far as I know.
Cross-examined by MR. ELLIOTT. I have known Hoye 16 or 18 years as being employed by Chandler and Hickman, of the meat market, as a salesman—he has also carried for me to suburban butchers.
WILLIAM PILE . I am the manager of the Lock and Key public-house, West Smithfield—I have seen the prisoners, not with Fowler, only at the Guildhall—I have seen Hoye and Spinks together on several occasions in the Lock and Key, or outside—I have seen Smith with Hoye and Spinks having a drink—I have delivered telegrams for Hoye to Spinka—I thought he was Hoye till I saw Denning—I have delivered other telegrams for Hoye to carriers sometimes and to Smith several times.
Cross-examined by MR. LAWLESS. I have hundreds of carriers and porters coming to the house—I knew Spinks and Hoye were partners as carriers.
Cross-examined by MR. HILLARY. I would give letters to anyone I could trust for Hoye.
PERCY FOWLER (The prisoner). I have admitted attempting to steal three sheep and two lambs on April 7th—I had arranged on the Monday or Tuesday with Spinks and Hoye, at their stand outside the market, where they were to receive them—I was to get £2 out of it—this was the first time I so arranged or knew of it—I do not know who arranged it; I think we
were all three equal—the value of the carcases was £4—I said £5 before the Magistrate—Hoye suggested the £2.
Cross-examined by MR. LAWLESS. I have known Spinks some considerable time in the market—he was a respectable man—he was in partnership with Hoye as a meat-carrier—I did not suggest the theft—I pleaded guilty as soon as I was charged, because I knew I was guilty—I did not say I was innocent—I pleaded guilty when the officer came to see me at Holloway—I reserved my defence—I have been in Mr. Borthwick's employment three years—before that I was with Mr. Miller, at Wandsworth; and before that with Mr. Thomas Randall, a butcher, in Thames Street—I left of my own accord—I was dismissed for stealing £100, in goods—I embezzled it—I promised to pay it back out of money I was coming into—I had no reference from Mr. Randal?—I referred to a butcher of Wood Green, Mr. Randall—that was a Mr. Donnington—I was with Donnington five months—he went for my reference after I was engaged, and Mr. Randall said he could not give me one, but Mr. Donnington kept me on—then I went to Mr. Borthwick.
Cross-examined by MR. ELLIOTT. I do not say that Hoye proposed the stealing, but we were all three talking together.
Hoye, by his Counsel's advice, stated that he would Plead Guilty.
Spinks, in his defence, stated that when he carried meat for Hoye it was not booked, because the vans were their own; that other goods were entered because the carriage was paid; that when he went into Mr. Borthwicks shop on April 7th he said, "Is there anything for met" and Fowler said, "Yes, here you are"; that he then said, "Anything for Hoye?" having been told that there would be something.
Spinks and Hoye received good characters.
SPINKS and HOYE— GUILTY . Recommended to mercy by the JURY.— Eight Months' Hard Labour each. SMITH— NOT GUILTY . FOWLER— Twenty Months' Hard Labour.
OLD COURT.—Thursday, May 11th, 1899.
Before M., Justice Ridley.
MR. BIHON and MR. HUTTON Prosecuted, and MR. LAWLESS Defended.
GUILTY of indecent assault.— Three Months' Hard Labour.
MR. STIWART and MR. DAVIS Prosecuted, and MR. CANCALLOR Defended.
CHARLES BAKER . I am a laundry porter, of 70, New Compton Street, Soho—I know the prisoner, and know the prosecutor as Fritz—on March 18th I was in the Admiral Duncan public-home; soon, after 9 p.m. the prisoner came in; I think he was with a woman—he asked me if I had seen Fritz—I said, "No, do you want him?"—he said, "Yes, I mean to do him
some mischief to-night"—he seemed as if he had been drinking; he seemed excited—he then went out with the woman—I know Mrs. O'Leary, the wife of a man who was undergoing a term of imprisonment—he has finished his term now—she was living with the prisoner as his wife—after the prisoner and the woman had gone out, Fritz, the prosecutor, came in—I spoke to him; Mrs. O'Leary came back with him—I left the house, and returned about 10 minutes later—Fritz and the woman had gone—the prisoner had gone about a quarter of an hour then—I have been to see Fritz in the hospital—the woman was there once when I got there.
Cross-examined. The prosecutor was not a friend of mine—I went to see him at the hospital because he had no one else to go—Mrs. O'Leary is not a friend of mine—when I went to the hospital I talked to Fritz about the remark the prisoner had made—Mrs. O'Leary was present then.
FREDERICK KARL . I am a German; I understand English—on January 18th I was living at 1, St. Ann's Court, Soho—on that day I went to the Admiral Duncan in the evening—I saw Mr. Baker there—the prisoner was not there—I did not see Mrs. O'Leary there—I know her; she lives in the same house as I do; she did my washing for me—she and the prisoner were living as wife and husband—I returned home and went upstairs—Mrs. O'Leary was at the door—she said my washing was done, and asked me into the room—immediately afterwards a quarrel arose between me and the prisoner in German—he called me some beautiful words—he said, "I am going to get rid of this woman who has been living with me"—I did not see Mrs. O'Leary there then—I said, "I have enough to do to look after my ownself, withouttroublingaboutyour business"—he said, "Youare sticking up for her, and you have no reason to do so"—he came at me and struck me on my right arm with his hand—I fell backward on the floor—he was on the top of me—the candle was knocked over and went out, and we were left struggling in the dark—I felt a kind of a stick in my right eye—I do not remember anything else—I became unconscious, and was taken down below to the landlady's room—I was taken to the Middlesex Hospital—I had a wound on my hand on both sides, one on my left cheek, the left part of my nose, and on my forehead, and two stabs on my upper and lower eyelid—my eye was lost entirely—my left eye is very weak now—I remained in the hospital till April 3rd, and I have to go back as soon as this case is settled.
Cross-examined. I remember Mrs. Blackman, the landlady, coming upstairs just when I was stabbed—she asked me who had done it, and as I was nearly unconscious, I said both of them had done it; I was referring to Mr. and Mrs. Klein, but I did not mean it—I came in a little after 11 o'clock; between 9 and 11 I had been out—I might have been into several public-houses, but I was quite sober—a friend of mine, Mr. Glcighauser, paid me some money that evening—I did not take Mrs. O'Leary out and have a drink—I did not return to the house with her—I thought she was my foreman's wife, and I always respected her as such—I did not try to get into the room; it was open—Mrs. O'Leary did not keep me out—I did not go upstairs to my room and fetch a heavy belt; I have not got one—when I came home I was going up to my room: it is a few steps higher than the prisoner's—when I went into the room Mrs. O'Leary went out—she did not say, "You are not to fight the old man; you are to fight me"—I went upstairs,
and when I came down she asked me in, and said, "Don't have any rows, "let me have one Saturday night in peace"—she did come at me with her fist, I own to it—I did not hit her back—when I got this stab I only saw the prisoner on top of me—I swear that nobody was in the room—then Mrs. O'Leary came in and called for help, and the landlady came up.
Re-examined. Mrs. O'Leary was not in the room when I was stabbed—we were in the dark for at least twenty minutes before I felt the stab in my eye—the candlestick was knocked over in the struggle—the man is too big for me—we were nearly half an hour in the dark.
MARGARET BLACKMAN . My son is the landlord at St. Ann's Court—about 11 o'clock on March 18th I heard quarrelling upstairs—I went up—Fritz was about two or three steps up his own flight of stairs, and Mrs. O'Leary was standing in front of him on the landing, they were shouting at one another—I do not know what they were saying; it was in German—Mrs. O'Leary said in English, "You will not fight the old man; you will fight me"—she put up her fists and attacked Fritz—I took hold of her cape and said, "Don't fight"—she took no notice, but flung my arm away—the prisoner came out of his room—he had his trousers and shirt on—I took hold of him and begged him not to fight—he leaped up the stairs towards Fritz, and tried to pull him back—I left them and went downstairs—I had only got to the first flight of stairs when the woman called out, "Mrs. Blackman, fetch a light"—it was not two minutes after—I fetched a light and met Fritz on the stairs pouring with blood—he said, "Oh, Mrs. Blackman, I am done for"—he was nearly unconscious—I said, "Oh, Fritz, who has done it?"—he said, "Both of them, both of them"—I took him down-stairs to my room and bathed him with cold water—I was present when the prisoner was brought down by the policeman—the prisoner said to me, "Missus, I never done it"—Mrs. O'Leary had got one of her hands hurt.
Cross-examined. I did not see any blood on her hands, but I heard the policeman say, "You have hurt your hand; you had better put it under the tap"—the prisoner's bands were quite clean—when I went up the first time I saw Mrs. O'Leary strike Fritz.
ANNIE O'LEARY . I am now living at 9, Bennett Street, Fitzroy Square—at the early part of this year my husband was in prison, and I was living with the prisoner as his wife—I did not know Fritz till the prisoner introduced him to me—the prisoner told me be thought that Fritz wanted to take me away from him—I said I had committed myself once in nine years, and I should not do so again—on this night Fritz came to my room between 11 and 11.30, and asked for the remainder of his washing—I said, "Come inside"—the prisoner was sitting on the bed, and Ion the chair—I asked Fritz to sit down while I made out his bill, and asked him if he would have a drink—there was a glass on the table, but not sufficient to drink, and I went down to get a pint of ale.—I was away about 10 minutes, and when I came back I found Fritz on the staircase, with his head towards the banisters and his feet towards my door, and the prisoner kneeling on him, with two knives, one in each hand, stabbing him about the face and head—I had no words with Fritz—I knew nothing of the affair till I found them in the dark—I said, "What are you doing?"—I was stabbed in the hand by the prisoner—I screamed for somebody to show me a light; it was in the dark—some light came in from the adjoining building—my lamp was alight
when I went down, but it was out when I came back—I have been on friendly terms with Fritz since this occurred—I saw the prisoner in Holloway.
Cross-examined. I remember Mrs. Blackman coming up before the stabbing—I did not say to Fritz two minutes before the stabbing, "You are not going to fight the old man; you are going to tight me"—I said so at 8.20, when they were quarrelling—I do not remember Mrs. Blackman coming upstairs two minutes before the stabbing—I did not start this fight by hitting Fritz—he did not want to get into my bedroom that night—he was admitted by me—they had a row on two previous occasions, and I stopped them—I touched no one.
FREDERICK FRENCH (292 C). I was called on Saturday night, March 18th, to St. Ann's Court—I found the prosecutor on the ground floor, bleeding from wounds about his face and hands—I fetched the prisoner from upstairs—before I took him into custody he said, "I am the one that did it"—I asked him if he knew anything of it—I held out no inducement to him to say anything—a doctor was sent for, and the prisoner was charged and taken to the station—in answer to the charge he said, "We had a row, but I did not use the knife."
Cross-examine. I may have said before the Magistrate that I asked the man, "Did you assault that man?"—I think I asked him if he knew anything of it downstairs, and he replied, "Yes, I am the man who did it"—the prisoner's hands had no blood on them—Mrs. O'Leary's hand was bleeding, as if from a stab—I did not ask her what she had in her hand; it was not closed.
Re-examined. The wound in her hand was right in the centre of her palm; it was a cut from some sharp instrument—there was a lot of blood on the floor and on the stairs.
GEORGE MAINTMENT (199 C). About midnight on March 18th I was called to 1, St. Ann's Court, and saw the prosecutor in the ground-floor room, with the landlady by his side—he made a statement—I went upstairs and found the prisoner in the back room, second floor, with Mrs. O'Leary—he was asked by French if he had assaulted the man downstairs—he said, "I did it, but I had no knife; we had a row, and I put him out of my room"—he meant the prosecutor—I took him back into the room to finish dressing himself, and there I found this knife lying on the table under a paper (Produced)—I am not positive if there was a light there when I went in first—the knife is bent—I asked him how he accounted for it being bent—he said, "My wife done it about two hours ago"—I found some pieces of a broken glass, and the bottom of the glass, in the fireplace—it is an ordinary beer glass—there was some beer on the floor and blood on the stairs—when I got downstairs I asked the prosecutor if I was to charge both—he said, "No, not the woman, only Adam Klein"—I asked the woman to accompany me to the station, which she did—she was detained for a short time.
Cross-examined. The woman had her hand closed—she opened it and showed me a mark on it—there was blood there.
DR. PERCY EDMUNDS . I went to the house on this night—the prosecutor was bleeding from numerous wounds on his hands and face—the floor was covered with a great deal of blood—he had a stab right through
the centre of his right eyebal, and I saw it would have to be taken out—he had a wound 1 1/2 in. long on his right eyelid, a wound at the back of each hand, each over an inch long; they were both bleeding freely; a deep wound over 1 in. long on his left cheek; two slight wounds on the right side of his nose, and one over the bridge of his nose between the eyebrows—I do not think there is any doubt that the wound in his eye was caused by a knife—such wounds could easily have been caused by either of these knives—this wound was not dangerous to life, but a wound in the eye might cause death by penetrating the bone seperating the eyeball from the brain; a little difference in the direction might have caused death—the right eyeball has been taken out.
FREDERICK FRENCH (Re-examined). Mrs. O'Leary brought this other knife (Produced), and gave it to me after she had been discharged—I did not see where she got it from—I examined the room—there was a pail containing water; it was very dirty—I cannot say whether it contained blood or not—there was no trace of anybody having washed himself—they had had the run of the house before we got there—the prisoner had a blood-stain right in the centre of the breast of his shirt—I was about three minutes' walk from the house when I was called—it did not take me quite three minutes to get there; I walked fast.
The Prisoner, in his defence, said that Mrs. O'Leary and the prosecutor were fighting in the room; that he was in bed, and jumped up to separate them, and put the prosecutor out at the door; he burst the door open; there was a struggle, and they all fell on the floor, the lamp still being alight'; that he had no instrument in his hand, and did not utrikn the prosecutor with anything; tliat Mrs. O'Leary must have inflicted the wounds when she fell; she had half a broken glass in her hand, and the lamp was alight all the time; that there was no jealousy between the prosecutor and himself, and that he said to his wife before the police came, "You should not hurt the man; you should not use any instrument; I am strong enough for him with my bare hands."
The prisoner received a good character.
GUILTY of wounding with intent to do grievous bodily harm.— Four Years' Penal Servitude.
NEW COURT.—Thursday, May 11th, 1899.
Before Mr. Recorder.
363. HENRY IVES (33), JOSEPH SHEPHERD (46), and ALFRED THOMPSON (30) PLEADED GUILTY to feloniously causing to be paid to C. F. M. ontague a cheque for £88 2s. 6d., by means of a forged telegram; and the said HENRY IVES to obtaining £125 by a like forgery; and EDWARD ROBERT WARD (39) , to 2 indictments for forging and uttering telegrams, and for conspiracy with the said Henry Ives; and JOSEPH BRADBKOOK (20) , to conspiring with the said Joseph Shepherd, Alfred Thompson, and Henry Feaver, to forge and utter certain telegrams, and to stealing certain telegraph forms and envelopes, the property of H.M. Postmaster-General. Bradbrook and Shepherd received good characters.—IVES Five Years' Penal Servitude. WARD— Three Years' penal Servitude , THOMPSON— Fifteen Months' Hard Labour. SHEPHERD— Twelve Months' Hard Labour. BRADBROOK— To enter into his own Recognizances.
NOT GUILTY .
MR. MACMAHON Prosecuted.
JEREMIAH MCCARTHY . I live at 55, Brook Street, Ratcliff—the prisoner is my tenant—on March 27th I got home at 6.30, and my wife and the prisoner were quarrelling about the rent—I did not take much notice; I was having a cup of tea; the door was shut—my wife shut it when my son came in—my wife was inside—the prisoner broke a panel of the door, opened it, and came out with a poker, and hit my wife on her fore-head, and a second blow on her shoulder—she is now in the hospital—there were two children in the room—my son jumped out at the window.
Cross-examined by the Prisoner. I was indoors when you came home—my wife and you called each other bad names—she had been drinking, but she was not drunk—you were on the stairs—I did not see two women fighting, or see my son hit your wife with a chair leg—I did not see your wife covered with blood—I saw you tackle your wife—I did not say to her sister, "You bad better go up and see her, as I think she is dead, and my son has done it"—I do not know that my son gave her a blow 3 or 4 months ago—you often had a row with my wife about the rent, because you never paid it—she let you the room, I did not—I live in a common lodging-house, away from my wife; and what I don't see I don't know.
JEREMIAH MCCARTHY, JUN . I am a son of the last witness, and live at 55, Brook Street, Ratcliff—on March 27th I was at home—my mother had been drinking—I went in, and found her and the prisoner abusing each other on the landing—she shut the door, and the prisoner struck her—I only saw one blow: that was given on purpose on her head—she fell to the ground, and I jumped out at the window—the prisoner had this lump of iron (Produced) in his hand—I did not see him strike his own wife, but she was in her own room, lying on the floor insensible, when I entered.
Cross-examined. I did not come in at the same time as my father; I came in between 7 and 8—I heard my mother call your wife very offensive names—she was intoxicated—I did not see them fighting on the landing; my door was shut—I do not know who locked it; my father opened it—I was sitting down having my tea—I did not pick up the leg of a chair and hit your wife across the head with it—you said, "I will put your eye out when it is all over"—I did not hear your wife accuse me or scream out—the window 1 jumped out at is about 10 feet high from the main street.
floor, with a scalp wound over her right eye an inch long, and a severe blow on her right elbow, shattering the bone, signs of injury on her left side, and a blow on her mouth, which caused blood to flow—she lay insensible for some minutes—the wound on her head could be produced by this weapon—the prisoner's wife was lying insensible on a bed, with a similar wound to Mrs. McCarthy's—the prisoner was in great distress; he said he thought his wife was dead—the wounds could not have been done in a struggle between the two women—they must have been done by gome sharp instrument—the blow was oil the funny bone.
Cross-examined. Your wife was lying on the bed insensible—I cannot say whether she was drunk or not, but she had been drinking—the cat was not an old injury—she did not say that she put up her right arm to save herself—it was her left arm that was injured, but I did not hear her give any evidence—she was not at the Police-court, she was too ill, and is too ill to be here to-day—I do not think the cut on her head could be caused by the leg of a chair—I did not charge Carrie McCarthy with hitting your wife while I dressed the wounds—I do not remember Mrs. McCarthy accusing you—you stopped in your room till you were arrested—I did not see about half a quart Of brandy on the table—I told the Magistrate that she would certainly be in the hospital for a week—the case would be aggravated by her being a heavy dripker.
RICHARD JURY (37 HR). On March 27th Jeremiah McCarthy called me to 55, Brook Street, where I found Mrs. McCarthy iyiog on the floor insensible—McCarthy gave the prisoner in charge for an assault with a poker—he made no answer, nor did he make any answer to the charge at the station—this poker was given to me.
Cross-examined. When I came you were in your own room, and your wife was in your room, lying insensible, and Mrs. McCarthy was on the landing—your wife did not charge young McCarthy with hitting her with the leg of a chair—I took you to the station before she became sensible—you did not go to the Crown and Anchor and fetch brandy after I came—Mrs. McCarthy never spoke to me; it was Mr. McCarthy—I did not notice a poker in your fireplace—I did not say that I found it up the chimney two hours after you were arrested; I never looked up the chimney.
Cross-examined. It was splintered—that would not be done if two women fell against it—it was split as if somebody had given it a hard blow—I believe McCarthy found the poker.
Cross-examined. When we came back from the station one of the children said, "Father, the woman has put the poker up the chimney," and I found it there.
The Prisoner in his defence, stated that he arrived at home at 6.30, and heard his wife and Mrs. McCarthy arguing; that Mrs. McCarthy turned round on him, but he pushed past her, went to his room, and shut the door, and asked his wife what was the matter, and she said, "It is about the
rent, and Mrs. McCarthy said, "Your wife has got the rent, and will not give it to me "; that he told her she would have it next morning; that his wife went outside, and they got rowing, and. his wife said, "Oh, Jack, I have got hit with the leg of a chair," and he laid heron the bed unconscious; that McCarthy was taken to the station for assaulting his wife, and got discharged by the Magistrate; that nobody can tolerate her when in drink, and her husband had been away from home half a dozen times to a common lodging-house, and her son had been away from her; and that she fell downstairs; he denied striking the prosecutrix; and stated that the two McCarthys had given false evidence; that when the police charged him he, was too excited to say so, and that when the two women were struggling to get one another down they went against the panel, and it was splintered.
GUILTY . Recommended to mercy by the JURY on account of the great provocation he received.— Judgment respited.
THIRD COURT.—Thursday, May 11th, 1899.
Before Mr. Common Serjeant
MR. MACKAY Prosecuted, and the evidence was interpreted to the Prisoner.
DAVID JEANES . I am a labourer, living near Tottenham Court Road—on March 27th, about 6.30 a.m., I was in a public-house—the prisoner and another foreiguer were wrangling—the prisoner suddenly threw the other man on the floor—the barman jumped over the bar, caught him round the waist with one hand, and with the other opened the door and put him out—the prisoner came back through another door and struck me in the shoulder—I turned to ask him why he struck me, when he struck me again, I thought with his fist, but I felt a prick—he closed with me; I did the best I could to defend myself, but he kept striking me; he held me round the neck—he had been drinking—I was wounded in the hand and in the back—I was taken to the hospital—I was there a fortnight—I bled very much; my back was saturated—the scar on my cheek is of old standing—I had not interfered with the prisoner: I had not been in the house 5 minutes.
Cross-examined by the Prisoner. Only 2 persons were in the bar when I entered—I did not say, "You will certainly have to stand a drink, because the other man did stand a drink for you"—I have not been able to work since—I have tried—I have a wife and family, and am likely to be turned out of home.
WILLIAM MOORE . I am barman at this public-house—the prisoner and his friend quarrelled, and I told them to go outside—the prisoner continued to quarrel, and I put him out—I do not think he was drunk—I served his friend—the prisoner came back through the front door and struck the prosecutor; they closed, I parted them, and the prosecutor said he was stabbed—I looked for a knife, but found none, and went back to serve my customers—when the bar was cleared I found a knife on the floor—I saw a cut on the prosecutor's trousers—the prisoner and
his friend were talking English—they asked for drinks in English—there was blood on the knife.
Cross-examined. I did not strike you with a lemonade bottle.
ELIZABETH SMITH . I am a laundress—on March 27th I was outside this public-house—I saw the prisoner—he was excited—he opened a knife and walked into the public-house—soon after a man I know now as the prosecutor rushed out and said he was stabbed.
Cross-examined. I recognise you—I had never seen you before—I had not asked you to treat me—I did not ask you for a penny—I did not speak to you.
ANTONIO FRIEDMAN . I speak English; so can the prisoner—I was with him in this public-house on March 27th, about 6.45 a.m., and after a dispute with the barman the prisoner was chucked out—when he came back he put me on the ground—we had no quarrel—the prosecutor asked, "Why interfere with the gentleman?" and said something else—they fought, and the prosecutor said, "lam stabbed"—the barman said, "Go home," and I said, "I wait here; what for I go home?"
Cross-examined. I did not see blood.
FREDERICK COTTER (262 C). I was called to this public-house on March 27th—I saw the prosecutor and the prisoner standing outside—the prosecutor said, "I will charge this man with stabbing me"—I said. "Where?"—he said, "In the leg"—I said, "Any other place?"—he said, "I do not know; I believe I was stabbed all over"—I told the prisoner he would have to come with me—he said, "All right"—I told him what he was charged with—he said, "All right "In good English—there was blood on his hands and on the prosecutor's leg—the prosecutor's back was examined at the station—it was covered with blood, and his coat was cut right through.
Cross-examined. There was blood on your face; from the nose—the next week I noticed your eyes were slightly swollen.
ALEXANDER MITCHELL (divisional Surgeon C). On March 27th I saw the prosecutor at the Police-station—there was a wound on the outer part of the left thigh 1/2 in. long and 1/2 in. deep—the lips of the wound gaped, and I inserted 3 stitches—there were 2 wounds in the back about 3 in. below the angle of the left shoulder-blade; the one nearest the spine was 1 in. long and 3/4 in. deep—I stitched up both wounds—there was a wound on the left side of the neck and one inside the lobe of the ear, in a line with it, 1/2 in. long and 1/4 in. deep—there were also 2 slight wounds in the region of the heart—I advised him to go to the hospital as soon as the wounds were dressed—he was an in-patient two weeks—he had on two jackets, a waistcoat, and a shirt; they were all pierced, and the cuts corresponded with the wounds—if the knife (Produed) was used there must have been very great violence—he must have ripped as well as stabbed—the wound in the thigh was serious, but the most serious was one in the back, which pierced the lung—he is maimed for life to the extent of the injury to the lung—there will always be a weakness—he will be liable to pleurisy—owing to the adhesions between the lung and the rib, they are liable to give trouble at any time—the leg will recover in time, but if the main artery had been severed he would have been killed in a few minutes.
was brought there on March 27th, about 10 a.m.—he had great difficulty in breathing, and suffered great pain—his clothes were covered with blood—he was very pale, and coughed up blood—he was put to bed—on examination I found the wounds described by the last witness, and one on the forehead—one wound near the spine perforated the lung—there was a good deal of bleeding—we kept him in the hospital over a fortnight—I saw him last three weeks ago—I told him to come again—there may not be serious complications, but he will not be able to follow his occupation as a labourer for some time—he was seen by two of the surgeons.
The Prisoner.,. in his defence, stated that he refused to treat the injured man, and was struck; that he never carried a knife, and he wanted to go to the Police-station to make a complaint; thai he did not stab the prosecutor, but that the witness Friedman knew who did. Friedman, being recalled, denied this.
GUILTY .— Judgment respited.
MR. MACKAY Prosecuted.
FREDERICK WILLIAM HALL . I am a photographer—on April 20th, after 12 o'clock at night, I was walking down the Euston Road, when the prisoner struck me in the chest and knocked me down—when I was on my back 2 other men rushed up—my watch was stolen—2 policemen brought the prisoner back, and I said, "That is the man who knocked me down."
Cross-examined by the Prisoner. I was sober—I was walking towards King's Cross on the right-hand side, near Baker's—you all ran away.
WILLIAM NEAT (517 S). On April 20th I was on duty near Euston Square—I heard a cry—I saw the prisoner running—I blew my whistle and ran and stopped him in Euston Square—I asked him what he was running for—he replied, "Nothing"—I took him back to the corner of the Euston Road, where I saw the prosecutor lying on his back—I held the prisoner by the left arm, and a policeman picked the prosecutor up, when he said, "That is the man who knocked me down and stole my watch"—I first saw the prisoner running about 50 yards off—I took him to the station—he said, "I suppose I shall b—well have to go through it"—no one was running in front of him.
Cross-examined. You were running away at first, but when I blew my whistle you stopped, then came towards me—the prosecutor was not sober.
WILLIAM RHODES (428 E). I was on duty near Endsleigh Gardens, and heard the prosecutor shout "Help!" and "Police!"—I saw two men running in Gower Place—I ran after them, but they got too far away—I. came back and saw the prosecutor lying on the footway—I picked him up—he seemed hurt in the side—the prisoner was placed by his side—the prosecutor said, "That is the man who knocked me down; I swear to him"—he was charged—he said he would have to go through it—the prosecutor was not the worse for drink.
Cross-examined. I heard no females say you were not the man—I did not tell a female to mind her own business—you said the prosecutor was drunk—the inspector said, "Oh, no."
The Prisoner's statement bejore the Magistrate; "I came out of the public-house at 12.30 in Seymour Street, and made my way round Euston
Square, and I heard a policeman's whistle, and a man came running by me; I stopped and looked round; the man was 30 yards in front of the policeman; the policeman could not run any farther, so he stopped me; he said, 'What have you got in your hand?' and I showed him my cigarette alight; he felt outside my pockets, and said, 'What have you done with it?' 'Done with what?' He said, 'You soon will know,' and took me straight up to the prosecutor, who was lying on his back drank. He said, 'I have got one of them.' The prosecutor looked up and said, 'Yes, that is one of them.' There were 10 or 12 feniales standing round; they said, 'That is not the man who has knocked this man down.' I asked them to come to the station as witnesses; and Police-constable 428 E, who was holding up the prosecutor, turned to the females and told them to mind their own business. It would be no use calling any of the females cow." The prisoner repeated this in his defence, and said that he knewnothing of the robbery, and that the prosecutor was too drunk to identify who did it.
GUILTY .—He then Pleaded Guilty to a conviction of felony at Clerk-enwell in January last. Several other convictions were proved against him, and that he was stated to be associated with dangerous thieves even when in good work.— Three Months' Hard Labour.
MR. JENKINS Prosecuted.
MARY JANE ARCHER . I live at 275, Romford Road, Forest Gate, East,—at 9 o'clock on April 24th I was walking down Burdett Road, with my purse in my hand, when Mapp came on my left-hand side and snatched the purse—he threw it in the road—there was about 14s. in it—I had been shopping, and walking to see my sister, who is in service—I had only taken my wages that morning—I ran after him and screamed as I ran—a young man came to my assistance and ran after him—I identified him on the 25th at the station.
PERCY HAWKES . I am an electric bell maker, of 31, Edwards Road, Mile End—I was in the yard on April 24th, when I heard someone call "Stop thief!"—I saw the prisoner running—I ran after him through several streets—I was about 5 yards behind—I identified him at Bow Station from 7 to 8—I saw his clothes and the side of his face—I have seen him about our way—I know him by sight—I did not know whom I was running after.
GEORGE CARPENTER (586 K). On April 25th I called the pri-soner out of the bar of the Clyde public-house—I told him I should take him into custody, as he answered the description of a man who had robbed a young lady the night previous—he said, "Yes, I don't care if I get time for it; I can f—g well do it; you are always on me because you know I have been convicted; it will be a b—y good job if I get three stretches for it. I saw you three times last night, Carpenter"—the next morning he was placed with nine other men, and immediately picked out by both witnesses—he made no reply to the charge—he had passed me 5 minutes before the robbery, when I had a woman in custody, and when I got to the station the prosecutrix came in and complained—I had called to a point duty man.
The Prisoner, in his defence, said he knew nothing of the robbery.
GUILTY .—He then Pleaded Guilty to a conviction of felony at the Thames Police-court in June, 1892. Two other convictions ware proved, and there was another similar indictment.
Eighteen Months' Hard Labour.
OLD COURT.—Friday and Saturday, May 12th and 13th, 1899.
Before Mr. Justice Riley.
369. GEORGE RAYMOND BIRT (69) , Unlawfully making and publishing a balance-sheet of the Millwall Dock Co., of which he Was a director, in which was a false item on the credit side for £85,455.5s., with intent to deceive William Henry Roberts and others; other Counts, with intent to defraud the same.
MR. CARSON, Q. C., MR. CHARLES W. MATHEWS, and MR. GRAHAM CAMPBELL Prosecuted; SIR EDWARD CLARKE, Q.C., and MR. HORACE AVORY Defended.
MR. MATHEWS put in two Acts of Parliament, one of 1864, 27-28 Vic., treating the Millwall Canal Company, and another of 1870, in which the name was changed from that name to the Millwall Dock Co.)
JOHN SMITHERS WOOD . I live at 116, Maron Road, Stoke Newington—from 1870 till last February I held the past of indoor superintendent at the Millwall Dock Co.—I was appointed chief clerk and paymaster on their opening in 1868—at that dote Mr. George Raymoud Birt was the general manager of the company, and he continued so till August, 1893—in 1870 I was promoted from chief clerk to indoor superintendent—there are two, one indoor and one out-door—my duties were at the docks—Mr. Birt was my immediate superior all along—from 1866 to 1893 he was at the docks almost daily, and in his position of general manager he would give me instructions as to what he would require done, which I obeyed—at the offices a large number of the, company's books were kept; there were 209 cargo ledgers there at the end of last year, and still increasing—the cargo books contaiued the record of all goods landed on behalf of the sundry merchants or companies interested—they were our record for the delivering of such goods, and contained full details—those books never left the dock offices—this is one of them (Produced)—they do not show how long we keep the goods—we calculate the rent due up to June 30th and December 31st—the audit of the company's accounts occurred half-yearly—they were audited up to June 30th and December 31st—about January and May of each year, before the audits, I received instructions from Mr. Birt to proceed with the abstraction of the outstanding accounts—I instructed the chief clerk, and he instructed those under him, and an abstract of the actual outstandings, as they appeared in the cargo books was made—under Mr. Birt's direction I used to summarise that abstract myself and present it to him and also a summary of the tonnage of the goods on hand; he would return them to me, and instruct that we should take so much per ton, according to the class of goods shown on my summary, which would make the total amount of the revenue—he would name the approximate figure up to which he wished the revenue to be brought, and
the staff would proceed to make the necessary calculations for increasing the figures up to the amount required by Mr. Birt—in the first instance, the summaries were always prepared on foolscap paper in black ink, and the increased figures would be shown in red ink, and the actual figures and the added figures would be cast together, and the sum of them shown in the revenue books, which were then forwarded for audit to the London office—the cargo books were the working books—I myself signed the revenue books before they were forwarded each half-year—there were eight books, and each was also signed by the ledger clerk and the chief clerk—my summary was also forwarded to the City office—it showed the alleged certified total amount of the outstandings—Mr. Birt also signed the certificate, which was placed before the auditors—Mr. Birt and I attended the audits—he wan there to conduct the audits, I was there to answer questions—this book (Produced) shows the actual amount of the outstandings in each half-year, from June 30th, 1884, to December 31st, 1898; it is in my handwriting, and also the advances made under Mr. Birt's directions—the proper amount i'or the half-year ending June 30th, 1884, was £40,937; the total as shown in the book was £72,940—on December 31st, 1884, the actuals were £43,416, the advance £35,100, making a total of £78,516—on June 30th, 1885, the actuals were £40,755, the advance was £35,750, making a total of £76,505—I have made a list from this book showing the increase at the different half-yearly dates, from Juno 30th, 1884, to December 31st, 1898, which is accurate—I have made up the fourth column showing the increase, from figures I have had since—these (Produced) are the summaries handed to Mr. Birt for the purpose of showing what were the actual outstandings. On the back of thin document (Produced) I find, in Mr. Birt's writing, directions for the proportion of the accounts; the actuals are £34,237, the others are £72,996, total £107,233—when these two statements were prepared in 1888 1 considered the amount heavier than it had been, and I became anxious, and I said to Mr. Birt that the advances were growing large, could he justify them? and he assured me at thai time, as at others, that he could—I said I should be more satisfied if I had written instructions, and he made the remark shown on Exhibit 1. In 1893 I was still very anxious, and I said to Mr. Birt, "I must have definite instructions," which he gave me—this document, dated January 21st, 1893, is what he gave me—(Read: "Mr. Wood, the stock of goods of all kinds on hand on December 31st being 86,546 tons, in working out the revenue take the proportionate earnings on those goods at £3 a ton for fruit, and 25s. per ton on the residue.—G. R. Birt")—that satisfied me—we all looked up to Mr. Birt—he was autocratic; he was in supreme power from the commencement—I had another written authority, dated July 29th—(Read: "The stock otgoods of all kinds on hand on June 30th, 1893, being 51,540 tons, in working out the revenue take the proportionate earnings on these at £3 per ton on all general and fruit goods, and 50s. per ton on all wood goods.—G. R B.!) that should read "prospective," not "proportionate"—toenon July 21st, "The stock of goods of all kinds on hand on June 30th, 1894, being 62,074 tons, in working out the revenue take proportionate earnings on those goods at £3 per ton for fruit and 40s. per ton on the residue.—G. R. B. "—then January, 1895, "The stock of all kinds on hand on December 31st,
1894, being 67,128 tons, in working out the revenue take the proportionate earnings on these goods at £3 per ton on fruit and nitrate of soda and £2 per ton on the residue.—G. R. B."—in July, 1895, "The stock of goods of all kinds on hand on June 30th, 1895, being 61,850 tons, in working out the revenue take the proportionate earnings on these goods at £3 per ton on fruit and nitrate of soda, £2 5s. per ton on all grain, and £2 per ton on the residue.—G. R. Birt"—January, 1896: 'The stock of goods of all kinds on hand on December 30th, 1895, being 70,081 tons, in working out the revenue take the porportionate earnings on these goods at £3 per ton on fruit and nitrate of soda, and £2 per ton on the renidue.—G. R, Birt"—on July, 1896, "The stock of goods of all kinds on hand on June 30th, 1896, being 55,185 tons, in working out the revenue take the proportionate earnings on these goods at 50s. per ton on grain, and 60s. per ton on remainder.—G. R. Birt"—January, 1897:" The stock of goods of all kinds on hand on December 31st, 1896 being 86,812 tons, in working out the revenue take the proportionate earnings on these goods at 40s. on grain, nitrate, and wood, and general, and 60s. per ton on the fruit.—G. R. Birt"—July, 1897: "The stock of goods of all kinds on hand on June 30th, 1897, being 75,540 tons, in working out the revenue take the proportionate earnings on those in grain, wood and general goods at £3 per ton, and in dried fruit £4 per ton, G. K. B."; and in January, 1898, "The stock of goods of all kinds on hand on December 31st, 1897, being 75,530 tons, in making out the revenue take the proportionate earnings on grain, wood, and general at £3 per ton, and on dried fruit £4 per ton—G. R. B."—in August, 1893, Mr. Birt became a director of the company, and was elected chairman of the directors by the shareholders at a general meeting in August, and from then till February, 1898, he was chairman and general manager—he continued to come to the docks regularly, and the accounts were prepared in tho same way—the balance-sheet was published up to June 30th, 1898, but not under my directions—the actuals were £24,698, the addition was £202,622, making a total of £227,321, the increase being £17,058—on December 31st, 1898, the actuals were £33 430, the addition for that half-year was £208,670, making a total of £242,100, or an increment of £6,048—the total amount of the increase up to December 31st, 1898 was £220,467, and we deducted an increase of £11,797, leaving a nett total of £208,670—this document (Produced) shows the black figures as extracted from the cargo ledgers, and also the red ink figures, the total amounts as made by Mr. Birt's instructions—on February 6th Mr. Birt was unwell and unable to attend the board meeting as usual—I was summoned by the Board unexpectedly—that was the first time I had had the pleasure of meeting: the Board-certain questions were put to me, which I answered—after I left the directors, I went to Mr. Birt's private house at 59, Compane Gardens—I told him that the directors had been asking me questions about the out-standings, had he any anxiety about them t—he said, "Not at all, I can justify every iota"—I said, "This matter is troubling me very much indeed, Mr. Birt, does it not worry you?"—he said, "Not at all, I have no anxiety about it"—I told him the audit was fixed for the following Thursday and that it was imperative that he should attend—he said he should be present—I took up my duties next day again at the docks—
Mr. Birt never came there again after that—I did not see him again till he was in custody—I attended the audit on the Thursday and found Mr. Birt was absent, and next day I was summoned by the Board—and after consultation with our solicitor I made a statement to the Board and produced the written authorities I had received from Mr. Birt—I was suspended by the directors and I am still.
Cross-examined. I had been with the company since it started—M indoor superintendent I bad nothing to do with the general accounts of the company—the first increase to the accounts had occurred by the third year—it has taken place from 1870, but at that time the business at the docks was very small compared to what it has been since, but the increase has grown considerably—the earliest document I have, which shows the way in which the increase was made is in 1888 in Mr. Birt's writing—that is his authority—the earliest document I have which shows the difference between the actual and the estimated is the half year ending December 31st, 1883—that is not in my writing, but in the writing of a clerk who was superannuated—the amount of the actual charges in 1886 was £43,106—this (Produced) is the revenue book for the half-year ending June 30th, 1892—the actuals then were £44,118, some proportion of them appear in this book, but not the identical figures—those figures would be contained in eight books—there is no page here which shows the sum £160,929—each book shows its own department and my nummary shows the total—I cannot say if the statement for 1892, signed by Mr. Birt, is in existence—I sent it to the dock-honse and I have lost sight of it—there is no book which contains the very figures which are upon the certificates—the revenue books contain the black and red figures united, the inflated figures—there is nothing to check the accuracy of my summary—there are eight revenue books one for each department: North, South, East, West, wood exports, dues, dry dock rentals, grain and fruit—several clerks have this book under their control—there are about 120 clerks altogether—they all more or less had access to the revenue books—they could have found out that the actual figures did not correspond with the figures returned—it would be pretty obvious to anybody who was in the habit of dealing with books, but the clerks were assured by me that Mr. Birt justified it—the chief clerk spoke to me on several occasions about it—he was as anxious about it as I was—I accepted the figure £38,000 as the receipts for the half-year of 1888 without question at that time, and £24,500 for general goods—I thought Mr. Birt could explain it—I had nothing to do with the preparation of the balance sheet—the accounts for land never came before me—I knew it was an inflated figure, but I thought it might represent the assets or accounts, with which I had nothing to do—in 1888 the amount suddenly increased, and I became anxious about it—it had been going on some time, but in a very much smaller degree—I always looked upon Mr. Birt as a gentleman of the highest integrity—I did not think he was doing anything fraudulent—nobody at the docks benefited 1d. in consequence of this—when I asked for written instructions, he gave them to me very readily, and said, "I wonder you did not ask for them before"—the auditors, their assistants the secretary, the general manager and myself attended the audits.
Re-examined.—The eight revenue books were sent to the auditors—the instructions with regard to the figures from Mr. Birt would come in very late—there was always a hurry—the accounts were kept back to the very last moment—we had to work night and day, and at times on Sunday, in order to get them in in time—there would be 16 clerks working, and in addition, the chief clerk and myself—the auditors could not see if the certificate was correct or not, without coming to the docks and going through the cargo books.
CHARLES EDWIN FELLS . I live at Clarendon Villa, Goldsmith Road, Leyton, Essex—I was chief clerk to the Millwall Dock Co. down to February, 1899, having filled that position for 2 1/2 years—before that I was ledger clerk to the same company—I have been with the company since August 18th, 1868—at that time a gentleman named Gibbs was chief clerk—Mr. Gibbs is dead now—I succeeded him—Mr. Wood has always been my superior as far as the books were concerned—I received my instruction from Mr. Wood through Mr. Gibbs in his time—during the whole time of my service I used to receive certain instructions for the preparing of certain figures, when the half-yearly audit was about to take place—I used to abstract from the cargo-books the charges which were actually due to the company at the date of the preparation of the account—they were called the outstandings—this document (Produced) is an abstract, containing first entries in black ink, which was handed to Mr. Wood and at a later date I should be given a figure, which I should enter in red ink upon the document to increase the amount to the figure required—the red figures would be posted into the revenue-book for the current half-year, adding the black to it when the total would be obtained—the eight revenue-books would go forward to the auditors—I signed one revenue book as ledger clerk, and when I became chief clerk I signed all the revenue books—that system was pursued since 1873 to January, 1899—I spoke to Mr. Gibbs with reference to the additions, and to Mr. Wood, who told me Mr. Birt would be able to justify the additional charges before the board of directors at any time—I also produce a number of summaries of the outstandings as they appear in the cargo book—they are not all in my writing; some of them are in Mr. Gibbs's writing, and two of them in a Mr. James's writing—he was a letter clerk, but he has become paralysed—those summaries, with the exception of the estimate of ship's working and export charges, which are small matters, show the actual condition of the cargo ledgers, and the correct amount due to the company under the different headings.
Cross-examined. In this document (Exhibit 19) there has been a calculation of so much per ton in order to raise the figure—it was a very long and troublesome business—I altered the figures, and then called out the figures to a clerk, so as to get at the total—it took one clerk and myself four or five days to do it—I calculated all the alterations, with the exception of the wood department and the dues—the other clerks did those—when we arrived at the totals, I gave them to the ledger clerks, and told them they could be entered into the books—after I had dealt with them, the receipts showed the original charge, and the increase—anybody could see by looking at them, that they were increased—I never had direct communication with Mr. Birt about this.
Re-examined. The figures I put on were added to the original black figures and put together into the revenue book.
WM. BARCLAY PEAT . I am a chartered accountant, and have been one of the auditors to the Mill wall Docks Company since 1891—my firm were so before that—since 1891, I have been in the habit of conducting an audit of the accounts for each half year, up to June 30th and December 31st—I did that for the purpose of preparing the balance sheet—the audit took place at the Dock Office, at Fenchurch Street—I did not goto the docks themselves—I never saw any books that were kept there till last February, when J was specially directed to inspect the cargo books—each year when I was proceeding with the audit I was furnished with the revenue books, purporting to contain the result from the cargo ledgers—each revenue book was certified; there was also a summary prepared on the whole, which was certified also—if the revenue books had reisdly corresponded with the cargo books the matter would have been quite correct—after having seen that they corresponded, I would make an appointment with Mr. Birt for the audit, when I would go over the totals with him, and generally ask a few questions—I always cast up the revenue books to see if they were properly represented in the certificate, and finding that the revenue books corresponded with the certificate, I put the figures into the balance-sheet and certified it—I observed from time to time that the outstandings were incrtasing and I drew Mr. Birt's attention to the fact, and his explanation was that the business at the docks consisted so largely of warehousing material, and that the rent and charges upon it accrued, and did not become payable until the goods were removed, but the character of the business at the docks had so much changed of recent years that the outstandings would continue to grow, and had grown in the past, and chiefly represented the charges; which are not supposed to be entered into the accounts—that the character of the business at the docks up to a great extent that year had become one of a storage character, and that the warehouses were filled with goods, and that it was in the ordinary course of business that the outstandings increased—I accepted his statement as an explanation coupled with these certificates; I never dreamt that there was anything the matter with the accounts—since Mr. Birt became chairman in August, 1893, the balance sheet was prepared in that way—last February I was instructed to verify the figures from the cargo books for the previous half-year, ending December 31st, 1898; I have not quite finished it, but practically the actual amount of over-stated outstandings as compared with the revenue books is £208,000—there is a little difference between Mr. Wood and myself; he includes' the dues of vessels in the docks on December 31st, but putting aside small matters of book-keeping, we do correspond—there is a deficiency of over 200.000—I do not know when Mr. Birt was appointed general manager, it was long before my time, I think it was about 1870, he was general manager then—I have gone into the company's accounts to ascertain the commissions that Mr. Birt got—for the year ending December, 1887, the commission actually paid was 1,583 128. 6d., calculated upon a sum of £79,181 8s. 4d., the amount overpaid that year on the basis of Mr. Wood's figures was £363 in 1888 he was overpaid
£326, in 1889 £187, in 1890 £170, in 1891 £141, in 1892 £579, and in 1893 £305—in August, 1899, he was appointed chairman and general manager at a salary of £2,000 a year, and since then that has been the salary paid him—if the figures had been correctly stated the company could not have paid the dividends they have paid.
Cross-examined. I think the cthareholders have had £200,000 more than they should have had by reason of these inflations; that is over the whole period—I was not connected with the company in its early stages—I believe the company was started with the intention of purchasing land and reselling it at a profit after it had been turned into wharf frontage—I knew that they acquired 200 acres of land—I know that the company kept about 100 acres for their own purposes, and the remainder has been in part let on ground leases—the rental from it at present is between £7,000 and £8,000 a year—I heard that the directors resolved not to let the land at less than £200 an acre—I believe they have let about 20 acres; about 80 acres remain to be disposed of—the £7,000 or £8,000 a year includes the rental for the buildings on the land—I believe the land cost them £800 an acre; it was before my time—if the land has increased it undoubtedly would be of advantage to the company—they have been paying interest out of the revenue—I do not think they could properly put the increased figures from the value of the land as a revenue of the company; it would be an asset, but the company would be so much improved—no statement has been made to the shareholders with regard to that in the accounts submitted to them—I am quite sure nobody has made 1d. out of this matter—there is no question that it has been done with an idea of profit—on the profit and loss account on the balance sheet the inflated figures of outstandings appeared—if the inflation were £100,000 the commission would be twice as much as if it were only £50,000—the inflated profits of the company in 1888 were £156,000 and Mr. Birt got a commission on that, which he ought not to have done—the commission was paid twice a year—according to Mr. Wood's figures the total increase of Mr. Birt's commission is £2,700, that is from 1868; that would give him about £108 a year for 25 years—Mr. Birt's income up to the end of December, 1892, was £2,154; up to the end of 1891 it was £2,190—for 1890 up to December £2,175, and for the year ending in December, 1859, £2,110—he accepted the position of managing director and chairman at a salary of £2,000 a year, a sum lower by £150 than it had been during the last five years—from December, 1885, his income was £2,188; December, 1886, £2,126: December, 1887, £2,083; and December, 1888, £2,185—Mr. Birt invested about £2,000 in the company, and he invested at the beginning of this year £167 in shares—he purchased shares from 1875 to 1899 and never sold any—I think he bought the ordinary shares in the company—I believe Mr. Birt had a current account with the company—there is a balance due to him on account of salary of £40 or £50.
hefsexamined. Showing the increase of £200,000 would put up the shares of the company in the market—if a shareholder came in on the assumption that that sum could be paid for dividends, he would come in on a false assumption, as the earning power would be decreased to the extent of £200,000—the increased value of the land would not come into
the revenue account, only into the capital account, but it never did go in; dividends would not be properly paid out of it—in June, 1898, the rent for land and buildings on it was £316,000 188. 2d.; that had nothing to do with the goods; out of the income there was sufficient to pay the debentures and something more—the commission paid to Mr. Birt would be paid upon the actual increase of each year, the overpaid commission would be upon the inflation of each particular year—if the inflation had been found out it would have to be debited to what we call the deficiency account; it would have been put against the profits—Mr. Birt never suggested that the inflation was due to the increased value of the land—I certified the balance-sheet, believing the figures were correct.
Further Cross-examined. In 1882, when Mr. Birt had a salary of £500, bis commission was £1,664. which made it up to £2,164—the dividend of the company in 1896 was 2 per cent.; in 1894, 2 1/2 per cent.; in 1892 it was 3 per cent; in 1890 it was 3 1/2 per cent.; in 1887, 4 1/2 per cent.
By the COURT. Before this matter occurred shares cost about £70, and now I think they are just over £30.
By the JURY. The nett dividend of profit was £82,734.
HENRY GSORGE WESTERTON . I am the registrar of the Millwall Dock Company—the defendant holds £2,000 worth of shares in his own name; it has been acquired at difierent times—all the purchases were made at the market prices, and in January there was a purchase of £167 worth of stock—he has never sold any stock in his own name.
EDWIN JARRETT . I am an accountant of the Millwll Dock Company; I produce Mr. Birt's account with the company—on December 31st last the amount to his credit was £52 la. 7d.; it is the difference between the cheques handed to Mr. Birt, and the amounts paid out by him for wages—the amount due to him now is £42 1s. 7d.
Cross-examined. Numerous sums of money have been passing through his hands.; cheques were made out for wages and handed to him; he paid the wages as general manager—he has also advanced money to the company, when it was in want of funds—on March 11th, 1898, he advanced £400.
Re-examined. The sums he advanced have been repaid except the £42.
FREDERICK WILLIAM BLUNT ., I am a solicitor, of 95, Greshanm Street—I have been the solicitor to the company since its incorporation—on February 8th I had an interview with one of the directors, and in consequence I went to the dock office and saw Mr. Birt, and told him that the directors had come to the conclusion that an immediate investigation of the outstandings was necessary, and that Mr. Peat bad been instructed to commence the examination, andthatlwas to obtain his (Mr. Birt's) confirmation of the instructions that was due to him as chairman of the company—I said, "You had better tell Robinson to write to Mr. Peat"—Robinson was the secretary—Mr. Birt said to him. "Will you do so?"—that concluded the interview—as far as I know, Mr. Birt never attended the office after that day.
Cross-examined. I should say that Mr. Birt's whole life was given to the company—the company was not originally intended as a land company—it bought land, and it was of importance to the company whether it fell
or rose in value—the land is now let for about £200 an acre—I do not think 2 1/2 acres are let to the Great Eastern Railway—there has been a recent letting for the purpose of carrying a tramwayline to works by the river; it is only about 1/2 an acre—the revenue account is confined to the earnings.
JOSEPHINE WRIGHT . I am the wife of Arthur Wright, and live 9, Thornhill Square, Barnsbury, where I let furnished lodgings—I remember the defendant coming to my house—I do not remember the date; it was early in February—he engaged a room at 1Os. a week; he paid in advance; he did not give his name—he said he had come from the country to wait the arrival of some friends who were coming from abroad—he did not have any visitors—he only left the house once; that was in the evening—he received one letter in the name of John Dunn—he said he expected a letter in that name—he remained with me five weeks and two days, when he was arrested.
JAMES MURPHY (Inspector). I received a warrant for Mr. Birt's arrest on February 17th—from that date till March 16th I endeavoured to execute that warrant, but was unsuccessful—on March 16th I went to 9, Thornhill Square, Bamsbury, and there found Mr. Birt—Inspector Holmes was with me—I saw the defendant in the front room—I said, "We are police officers; I believe your name is Birt?"—he said, "Yes"—I said, "I hold a warrant for your arrest"—I read it—he made no reply—he was conveyed to the Minories Police-station—he mace no reply to the charge—nothing was found on him relating to this charge.
WILLIAM HENRT ROBERTS . I am one of the directors of the Millwall Dock Co.—I have been a director about 18 years, and also a shareholder—I have been deputy chairman since 1894—I am very well acquainted with Mr. Birt—the directors never at any time knew that these outstandings did not represent real figures—they had no knowledge of the way in which the figures were increased—Mr. Birt was asked on several occasions to explain the increasing amounts and he said that it was the increasing business, that the amount of capital was insufficient for working and our out-standings showed an extra profit on the business we were doing.
Cross-examined. In a going concern your extra amount of outstandings shows an extra amount of business—we have no account showing the value of the assets and those of the income—no account has been prepared showing the value of the surplus land. The land that is let is let at £200 an acre, plus a royalty—we have not had a valuation of the land made.
The Prisoner, in his defence, stated that, finding the dock business was not successful, he devoted his energies to making the land a success; that it became very valuable, largely increasing the income of the company; that the in-Nation was to inspire confidence in the shipping trade; that he was entirely responsible, and that he had no intention to deceive or defraud anybody.
Sir John Johnson, Mr. George Roffey, a shareholder in the Millwall Dock Company, Mr. Henry Lambert, Mr. George A. Davis, Mr. Langridge, Mr. H. Williams, Mr. Edward Gellatly, Mr. William Montgomery, and Mr. Ryde spoke to the honour and integrity of the defendant.
GUILTY of the intent to deceive.— Nine Months' Hard Labour.
NEW COURT—Friday, May 12th, 1899.
Before Mr. Recorder.
MR. HUTTON Prosecuted.
GEORGE ANDREWS . I am a marble mason, of South Hackney—on April 2nd, at 12.30 a.m., I locked up my house securely—my son aroused me about 5.45 a.m., and I got up and missed my watch and chain, and from my waistcoat an ivory-handled pocket-knife, £2 10s. from my trousers, 5 or 6 postage stamps, and some cheques for about £30, which I have stopped—I went downstairs and missed a silver pencil-case—I found the area window open, which had been shut the previous night—a marble pedestal had been removed—I communicated with the police, and on the same evening I went to the Black Boy public-house, Hackney, and saw the prisoner there—I did not know him; he said "Good evening"—I called for a g ass of beer, and told him I wanted to speak to him—I said, "Give me that watch and chain, and I won't buckle you"—he said, "You must be a little bit full; you don't kuow what you are talking about"—I said that because I ad been told something—I called in the police, and he said, "You ought not to have kicked up a row) you had the nipper sleeping with you" (that is my liitle grandson); "your daughter is a rum one; she had only a halfpenny and a piece of toffee in her pocket"—this watch-chain and knife are mine—my daughter is 24—she has a bedroom to herself at the back—I do not know what she had in her pocket, but he did not go to the right pocket—there was just a glimmer of gaslight in my room.
GEORGE ANDREWS, JUN . On April 21st I went to bed about 7 o'clock—my father came home soon after 12—I got up next morning about 5.45, and noticed a pair of trousers outside my father's door—I went down-stairs and saw the drawers in the kitchen open and some letters opened—the window was unbolted and open about 4 inches, and a small marble pedestal knocked over—I informed the police.
JOHN WOOD . I live at Pool Road, South Hackney—on Saturday, April 22nd, I was in the Black Boy public-house from 4 p.m. to 6 p.m., and saw the prisoner there and Bregenger, who had a watch without a chain—the prisoner brought a chain out of his pocket, and T advised Bregenger, who was in my employ, to buy it—I bought it for him for 7s., as I bad not settled with him for his wages—I know the prisoner well; he worked for me for 2 year, and left me 2 months ago.
"I am told that this man is in possession of a watch belonging to me"—he said, "Yes, I know nothing about it"—he was then taken in custody.
Cross-examined. I did not hear you say that you saw the boy sleeping with him.
GEORGE COLE (Detective, J). On Saturday morning, April 22nd, T went to Mr. Andrews' house, and found marks of an instrument being used to push the window catch back—the rooms upstairs and downstairs were in great confusion, and the contents scattered over the door—I received this chain from Bregenger, and this knife from Andrews.
Cross-examined. I have known you some time as the associate of thieves.
Evidence for the Defence.
LEWIS BRANDON . I am a labourer, and work for Mr. Hutley—I was in this public-house and heard the prosecutor say in the prisoner's presence that the girl was a rum 'un; she only had a halfpenny in her pocket.
By the COURT. Murray is an electrical engineer; he asked me to come and give evidence the day before yesterday; I told him that I was in the public-house, and he said, "Did you hear the prisoner say to the prosecutor that his daughter was a rum'un?"—I said, "No, I never heard it" and I never did hear anybody say it.
By the Prisoner, I did not hear you say that you tore the cheques up, or "You had the nipper sleeping with you"—when Andrews came in he said, "I want to speak to you; give the watch, and I won't buckle you," and you put your hand in your pocket, and said, "Does this belong to you?"—he said, "No"—I did not see you sell the chain for 7s.—Murray said that he would come here, and I saw him here yesterday—he was not called before the Magistrate.
Prisoner's Defence: The prosecutor has committed wilful perjury, and as for the chain, I have a complete answer to that. I picked it up in Bow Street, about thirty yards from where Riley found the knife. I call Mr. Wood to give me a character. I was in bed at the time, and Andrews can prove it.
JOHN WOOD Re-examined). The prisoner has been a good, hard-working labourer for 2 years—the last time he was with me was for 40 months, but I complained of his being late one morning—I heard the constable say that he goes about with thieves, but I never knew it.
J. WILSON (Re-examined). He gave a wrong name, but a right address; his name is Golden.
Cross-examined. I do not know that your mother was very ill.
FRANCES ANDREWS (Re-examined), My young man and I were with the prisoner on this night outside the Black Boy—I am a great friend of his—I left him about 12.45 on this night—I wished him good-night—I do not know where he went, but he went towards his home—that is a different way to Terrace Row, South Hackney.
NOT GUILTY .
THIRD COURT.—Friday, May 12th, 1899.
Before Mr. Common Serjeant,
MESSRS. HONACE AVORY and H. C. BIRON Prosecuted, and MESSRS. C. F.
GILL, Q. C., and ARTHUR GILL Dfended.
During the Prosecntor's evidence the JURY interposed, and intimated the they could not convict.
NOT GUILTY .
NOT GUILTY .
Before Mr. Recorder.
MR. METCALFE Prosecuted.
NORAH MORRISON . I live at 104, Darbnry Road, Custom House—the prisoner is my husband—he was formerly employed in the meat depart:-ment at the docks—he lost that employment about 6 months ago; since then he has taken to drink—he was suffering from drink on April 1st—he dictated a letter to me on that day, and the address as well; the letter was. returned to me some little time since, marked "Not known"—I went with him to post it—on the way he said there were men pasing—we returned, and he then told me to undress and go to bed—he locked the door and barricaded it with furniture—he was then suffering from something like d.t—he then asked me to read prayers to him, and I read prayers all night—in the morning he listened at the door, with his trousers on, and at 7.30 I heard Mrs. Webb downstairs call her daughter to breakfast—he seemed frightened at that—I told him I would go down and get him a cup of tea—he seized me by the shoulders; he had a rolling-pin in his hand, and he struck me with it many times—I felt the first and last blows, and I was nearly unconscious—in the meantime he kept saying, "Come on; I will kill him"—I next found myself in the hospital, and was there for a week—I was then taken to the workhouse infirmary, and attended to, and I am still there—I think my husband hardly knew what he was doing—he has been a good husband.
The Prisoner. I am very sorry that it occurred.
GUILTY of assault. — Judgment respited.
There was another indictment against him for attempting suicide.
MR. METCALFE Prosecuted.
SARAH ANN MARTIN . I am the wife of Henry Martin, of 80, Landor Road—the prisoner is my son—on Saturday, April 1st, I was very tipsy, and scarcely knew what I was doing—there was a quarrel between the
prisoner and his brother Harry—Harry left the room and jumped down-stairs; I remained in the room with the prisoner—about an hour afterwards, 6 o'clock, he wanted me to give him some tea—I would not, and swore at him; I don't know why; I had no business to swear at him, because he is a good sun—I took Harry's piirt, and I thought George was cross about that; he said nothing—I fell down on the floor, and I was found there with a cut on my head—the prisoner "was sitting in the room, and we had words, but he did nothing to me—he had nothing to do with my falling—I was too drunk, I suppose, to know what made me fall—this knife (Produced) is one of my knives—I afterwards found myself in Poplar Hospital, where I remained 5 weeks.
ANNIE CHAPMAN . I live at 37, Sidney Street, Canning Town, next door to the prisoner—on April 1st my next-door neighbour, Mrs. Wilkinson, came to me, and I went with her to No. 39. am in the kitchen saw Mrs. Martin lying on the floor, with tne prisoner standing over her, with thin knife in his hand—I said, "My God! what have you done?"—he said, "Her son has done it for her"—the other son was not there—the prisoner asked me if I would fetch a doctor—I went out, but did not get one, but met two policemen, and we went back—the woman was still on the floor, and the doctor was attending her—she was very drunk—I had seen her son Harry leave the house about 5.30.
ELLKN WILKINSON . I live at 39, Sidney Street, with my husband—on April 1st Harry Martin came to me with another man and went upstairs—I heard a disturbance there, and heard Harry jump down the stairs, from top to bottom—he then went out and did not return till 5.45, when I heard the mother say to her son, "You dirty fellow! it would serve you right if I were to stab you"—he replied, "Now I will murder you"—I heard blows, and then all was quiet for nearly 10 minutes—he then called out, "Missus, you have got a wretched man in the house"—I said, "No, my husband is here"—he said, "Well, send for a doctor"—I said, "Yes"—I sent Mrs. Chapman, and followed her—I found Mrs. Martin on the floor, bleeding, and the prisoner leaning over her.
HARRY MARTIN . I am the prisoner's brother, and am a labourer, of 3, Edwin Street, Canning Town—on April 1st, at 5 o'clock, I went to my mother's house, and there was a quarrel between me and my brother—I jumped downstairs from the top to the bottom, went out of the house, and did not go back that day—my mother did not call me back—the prisoner was very drunk: I helped to bring him home.
Cross-examined. I was not drunk.
WILLIAM WALLER (218 K). On April 1st I was called to 39, Sidney Street, and saw the prisoner standing on the landing upstairs, smothered in blood; he asked me something; I said, "All right, George; keep youself quiet"—I went in and saw Mrs. Martin lying on the floor with her throat cut—I said, "What is this?"—he said, "It was my brother Harry did it"—I took the woman to the hospital by the doctor's directions—there was blood on the prisoner's trousers—I did not notice any on his hands.
Cross-examined. I went to the back room and spoke to your mother, and asked her who had done it.
JOHN BARNS (529 K). Mrs. Chapman called me to 39, Sidney Street, on April 1st, shortly after 6—Waller was there when I arrived—the prisoner was in the front room upstairs, and Mrs. Martin was lying on the floor—Cornish took the prisoner in custody, and the constable and I attended to the woman, and lifted up her head from the floor to stop the bleeding, and found under it this knife covered with blood—I assisted to take her to Poplar Hospital.
THOMAS CORNISH (388 K). I took the prisoner, and told him it was for cutting his mother's throat—he became very violent, I had great difficulty in getting him into the street—he said, "My brother will have to answer for this"—I took him to the station.
PHILIP WILLIAMS . I am house surgeon at Poplar Hospital—on April 1st. about 7 p m., I attended Sarah Martin—she was very drunk—I found a wound on the back of her head, and a contused wound in front, and a graze over her right temple—there were finger-marks, showing that force had been used—none of them could be caused by a nail—this knife would cause the cut; it is very blunt—the injuries were serious—she was kept in the hospital till last Friday—there was also a fresh burn, which looked as if it had been done with the point of a poker.
Prisoner's Defence. I was having a few words with my brother, and got knocked down and kicked on my jaw, and that is all I know about it.
GUILTY .—A great many convictions were proved against him, both of larceny and wounding.— Three Years' Penal Servitude.
The RECORDER refused to allow Mrs. Martin's expenses.
MR. METCALFE Prosecuted.
GEORGE GRAT . I am a coachman, of 1A, Church Street, Homerton—on April 11th I went with two friends to the Black Swan at Bow, and saw the prisoner outside—I did not know him—he spoke to my friends, and we all four went in and had some drink—we remained there about half an hour, and then we all four went to Hackney in a cab—at 11.30 I left one of my friends behind and went to Abbey House, Stratford, with Williams—I had a gold watch, and the chain was showing—I went out into the street, and my friend locked the door, and the prisoner snatched my watch and chain and ran off—I ran the other way for a constable—I was sober—he said, "Clear off here, or I will shoot you"—I called 151 A', and returned with him to Abbey Lane and saw the prisoner in High Street, and gave him in custody—he handed the constable my watch and chain from his inside coat-pocket—they are worth £14 5s.—I had bought them the same day.
By the COURT. Hoe was a stranger to me, and so was Williams—I was staying with a friend at Hackney, and was going back, and went into Williams' house with my friend—we drove up in a cab, and had tea there at 7 p.m.—he was going to hit me with a poker; he was drunk—I was going to sleep there—I had got my own house at Homerton, two stations off—Williams turned me out of the house—he was a little bit off his head, and I left the house with the prisoner—when I went in Williams said "I want your watch and chain," and although he said that, I had to be
turned out with a poker—Williams is a horse dealer—I have not seen him here.
Cross-examined by the Prisoner. It was nearly 7 when I first met you—I treated you, and went away and came back at 8.30, and met you again—my friend was not drunk—he was near home—I did not know Williams—we went to Abbey Lane, and we had not been in the house 5 minutes before he picked up the poker, and said that he would smash our brains out—there was no struggle in the passage; you wanted to go back into the house, and they shut the door—neither Mr. Williams nor his daughter said, "Here, take these," giving you the watch and chain—I had them after the door was locked—he had a wife and daughter there, bat neither I nor the other man were paying attentions to them.
JOHN MARTIN (151 K). I am stationed at West Ham—I was on duty in Abbey Lane, about 11.45, and Gray came up and spoke to me, and an hour afterwards I met the prisoner in High Street—Gray was 50 yards behind me—I asked the prisoner if he had been through Abbey Lane during the night—he said, "No, I have not"—I said, "You answer the description of a man wanted for stealinga watch and chain at a quarter to 11 "; he said, "Not me"—Gray came over and charged him, and he produced the watch and chain from his pocket and handed them to me—I took him to the station and charged him—he said that the watch and chain were given to him by a man named Williamson, of Abbey Lane—I found the house—he has not given notice of any witness he wants called.
Cross-examined. Gray was behind me 200 yards from Abbey Lane—this was an hour, all but five minutes, after the occurrence.
The Prisoner in his defence said tsait he and Gray were drinking all night together and went to a house together and Williams picked up a poker and turned him out, and either Williams or his daughter handed him the watch and chain, and that he did not deny having been in Abbey Lane that night to the constable.
GUILTY of being in unlawful possession. —He then Pleaded Guilty to a conviction at Clerkenwell on December 7th, 1896, in the name of Mark Crisp, and fourteen other convictions were proved against him.— Fifteen Months' Hard Labour.
MR. HALL Prosecuted, and MR. GEOGHEGAN and MR. HUGHES Defended.
The JURY considered that the girl might be taken to be over 16 years of age.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
381. SAMUEL GOODING (17) and JOHN MOORE (23) to breaking and entering the shop of Albert Fredericks, and stealing his goods, Moore having been convicted at this Court on January 11th, 1897. Eleven other convictions were proved against Moore, and one against Gooding. MOORE— Three Years' Penal Servitude. GOODING— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]And
Before Mr. Common Serjeant.
383. JAMES PERCY (52) PLEADED GUILTY to omitting to discover to his trustee £65 and £100 deposited by him with Charles Pym and another, also to wilful and corrupt perjury upon his public examination; and SYDNEY PIKE to aiding and abetting him to conceal and remove his property. Both prisoners received good characters. PERCY— Twelve Months' Hard Labour. PIKE— To enter into his own Recognizances of £50 to come up for judgment when called upon.
MR. OVEREND Prosecuted, and MR. PURCELL Defended.
FRANCIS TITTERTON . I live at 522, High Road, Leytonstone—I am cashier to Messrs. Samuel Johnson and Co., Ltd.—on Saturday, April 22nd, I was returning from the bank at Stratford, carrying £150 in gold and silver in a black bag, to pay the men's wages, as I had done many times, taking the same route—I was in Carpenter's Road about 12.45 mid-day—within a few yards of the office-door I felt a violent blow on my head, and the bag was snatched—turning round, I saw three men; the prisoner was one—he had his hand uplifted with this piece of iron in it—he struck me with the iron—I was hurt, but I saw it meant robbery and tried to pull the bag from the man who held it—I received two more blows with the same instrument, and fell while endeavouring to get the bag—I saw the bag on the pavement and endeavoured to pick it up, when the prisoner dealt me a fourth blow, which I ran away from and called for help, and tried to attract the attention of a boy on a railway van, but failed—the place is lonely—I was taken to the West Ham Hospital, and afterwards to the Police-station at about 1.30, where I picked out the prisoner—my hat was cut through, and I received three nasty blows, and was not able to, return to business.
Cross-examined. The first blow made me dizzy—I went away because the prisoners threatened me again—the men from whom I identified the prisoner had their hats off—the prisoner had his hat on when he attacked me, but he was too demon-strative to give me the opportunity of noticing the others—I may have
said, "I think the first is the one"—I said the prisoner was the man who struck me—I might have said, "I should say this is the man"—I said to Mr. Johnson, "That is really the man who struck me"—looking at the prisoner now, I say he is the man.
THOMAS SAYERS . I live at 80, Shier Street, West Ham—I am a barman—on April 22nd I was in the Preston Road, which leads out of Carpenter's Road—three men ran by me on the other side—the prisoner is one—in consequence of a cry from a carman I pursued the three men—two disappeared—I followed the prisoner into Rosher Road—he dodged me and ran back into Carpenter's Road, running behind the hack of a van—I went round the front of the van and pinned him against some iron railings until assistance came—when a policeman came I gave him into custody—he was only out of my sight when he turned the corner for about a minute—I have no doubt whatever he is the man.
Cross-examined. He was running towards me at first—I followed about 50 yards behind—he said, "Just my b------luck"—he did not add, "They have got away," nor" It is not me."
JAMES GEORGE WOOD . I am a labourer, of 10, Wharton Road, Strat-ford—on April 22nd I was coming out of Wood Street Station about 12.45 or 12.50—I saw three men running out of Carpenter's Road into Wharton Road—one carried a black bag—I jumped in a van and drove after them to Preston Road—I saw one doing the bag up in a red and white handkerchief—the prisoner is one of them—they ran away—I lost the other two, but kept the prisoner in sight till he was stopped by Sayers—I jumped off the van and with two others helped to detain him till he was given into custody.
Cross-examined. Four men were after the prisoner—when caught he said, "It was not me; I was running after them"—I said, "We were running after you."
Re-examined. The prisoner was running in front of the others.
THOMAS HITCHLEY (190 K). I was in Wharton Road about 12.50—a crowd came towards me—I heard cries of "Stop thief!"—they ran through Preston Road, and I ran through High Street and down Carpenter's Road to meet them—the prisoner came up Carpenter's Road and was dodging round a cart when he was caught by some of the witnesses; I took him in custody—he said, "All right, governor, it was not me"—I said, "You hear what the people say, that you have stolen £50; I shall take you to the station"—he said, "It is my b------luck"—he was detained at West Ham station—he said, "I will not help anybody else to stop thieves; I wish this had never happened, as I could do with my dinner; I have only to go to Hackney to get it. It was a good job they found the bag"—he was put with other men, and the prosecutor identified him as the man who struck him—the bag was produced at the station; it contained £150 6s. 9d. in gold and silver—when charged he said, "I know nothing about it."
Cross-examined. I saw a couple of vans as well as the crowd in the street—there are not many houses, as the backwater adjoins.
JAMES JOHN WRIGHT . I am a greengrocer, of 4, Carpenter's Road, Stratford—on Saturday, April 22nd, I was at the comer of Preston Road—I saw the prisoner running and another man with a bag under his arm
in a red handkerchief—he threw it in the road—I left my customers and ran and picked it up—a man asked me to give it up, and I would not, but took it to the station—I now know the man was Roberts—in Preston Road the carmen of two railway vans were halloaing out "Stop thief!"—the prisoner was running in front of the man who had the bag.
Cross-examined. The two vans were behind us.
THOMAS YOUNG . I live at Stratford—I was working in a yard at 12.45 on April 22—there is a wall 8 ft. high—I observed this iron bar slung over—I picked it up and gave it to the policeman—the first gateway leads out into Carpenter's Road.
JOHN HEALEY (Police Inspector). On April 24th, in consequence of information I received, I went to the cell at the back of the Court—I searched the prisoner—in his right-hand trousers pocket I found this piece of paper—ho snatched it out of my hand, thrust it in his mouth, and endeavoured to swallow it—I succeeded in getting it away from him—on it is written in pencil: "If anyone comes to this house with anything to ask if they are yours or mine, say No; anyone, no matter who; say No, say No.—W. H."—and on the reverse side, "Mrs. Williams, Burgess Street, Burdett Road. Tell C------y to keep quiet"—I was present in the charge-room when he gave an address—inquiries were made—this instrument could be used for prising windows—it is a jemmy.
Cross-examined. Prisoners are not observed when writing in a cell—sometimes prisoners are put in a cell together—it is possible to send out a message.
Re-examined. A prisoner charged with a theft like this is put in a separate cell.
Cross-examined. I ascertained that his mother, Martha Williams, lived at 19, Burgess Street, and worked at a sweetmeat factory at Stratford; that the prisoner had been employed as a carman by the North-Western Railway for 3 1/2 years, at Clark's biscuit manufactory for 6 or 7 weeks, and at his last place, Taylor and Walker's, in the Borough, for more than a month, up to February 11th last.
FREDERICK WILLIAM ROWLAND . I am house surgeon at the West Ham Hospital, Stratford—I saw the prosecutor on April 22nd, about 1.5 p.m.—I examined him and found three scalp wounds, one on the upper part of the forehead, star-shaped, with bruised edges, and leading to the bone, the other two on the top of the head, also star-shaped and bruised edges, and an inch and a half long—the injuries might have been caused by this instrument—the blows were given with great force—erysipelas might have supervened if the wounds had not been attended to.
Q!The Prisoner's statement before the Magistrate: "I have no witnesses. I had nothing to do concerning this bag at all. I had no companions at all. I have proof of that. I did what these men were trying to do—that is, catch the thief. I was given in charge by a man called a barman. He caught me. I made no resistance. I went to the station in the hopes
that other men would be called to clear me. I should know the men again." He repeated this in his defence.
GUILTY .— Five Years' Penal Servitude. Sayers, Woody and Wright were commended by the COURT and JURY for tlieir conduct.
MESSRS. METCALFE and FITCH Prosecuted, and MR. SANDS Defended. EDWARD RINGSHAW. I am a fishmonger, of 12, Station Road, Forest Gate—on March 24th, about 10 p.m., the prisoner came into my shop, called me on one side and said, "I am in a little bit of trouble; I want to sell my chain; my wife is confined; it is 18carat gold, and marked in every link"—the watch was on it—I said, "How much do you want for it?"—he said, "£2 10s."—I said, "All right"—he said it belonged to his father—I believed what he said, and gave him £2 10s.—I found out that it was not gold—I met him in the Station Road, and said, "Ingram, that chain is not gold; it is brass"—he said, "Go on! Tou take it home; that is all right"—I said, "If you do not fetch my money back I will lock you up," and I left him.
Cross-examined. I am no judge of jewellery—I only know the prisoner as coming into my shop—I bought it on account of his wife being confined, and because I thought I was doing him a good turn—I relied upon his statement that it was gold.
EDWARD PARSONS . I am a labourer, of 57, Clement Street, Burdett Road—I was in the shop parlour when the prisoner came in the shop—I heard him say he had a gold chain for sale, marked 18 carat on every ring—this is it—after a conversation, Ringshaw came and got £2 10s. from his wife.
BENJAMIN GULLY (Policeman, K) I arrested the prisoner on April 21st in James Road, Forest Gate—I said, "Do you know Ingram?"—he said "Yes"—I said, "I hold a warrant for your arrest, for obtaining £2 10s. by false pretences from him at his residence"—he said, "I sold him a watch and chain I bought of a man"—I asked, "Who?"—he said, "I do not know who he is"—I asked him to go with me to the fish-shop, and I took him there—he was charged—he said, "I paid him 7s. back."
THOMAS HUNT . I am a hair-dresser, of 3, Parliament Place, Forest Gate—on March 23rd I went into Parliament House public-house for a drink—the prisoner brought out this watch and chain from a wash-leather bag and asked me what I would give him for it—I told him I was not buying; the watch was no good, and if I was going to buy the chain I should have it tested—he said, "You cannot have it; there is a bit of a Jew about you," and I drank up my drink and walked out.
Cross-examined. I had seen the prisoner about as a casual customer.
Cross-examined. A gold chain of that weight would be worth £4, but an 18-carat gold chain of this length would be much heavier—£2 10s.
would be cheap for it if it were 18-carat gold—the value of the watch is 5s.
Prisoner's Defence. I thought the chain was gold; I gave £3 8s. 4d. for the watch and chain. I have had it in my possession since Christmas, 1897. I am a billiard-marker. I won £1 8s. 4d. of a gentleman who could not pay me, and left his watch and chain on condition that I lent him a sovereign. I did so, and have never seen him since. I never said it belonged to my father, nor about my wife, nor that it was 18-carat gold marked in every link.
GUILTY . He then Pleaded Guilty* to a conviction of felony at Chelmsford in June, 1895, and four other convictions were proved against him.— Three Years' Penal Servitude. Before Mr. Justice Ridley.
MR. JOHNSON and MR. LYONS Prosecuted.
Guilty of the attempt.— One Month's Hard Labour.
Before Mr. Common Serjeant.
MR. HUTTON Prosecuted, and MESSRS. ELLIOT and FITCH Defended, He received an excellent character.
NOT GUILTY .
389. CHARLES WRIGHT (20) , to burglary in the dwelling-house of George Henry Benton Fletcher, and stealing 3 coats, 6 spoons, and other articles, his property.— Six Months' Hard Labour. [Pleaded guilty: See original trial image.]
390. CHARLES DAY (32) , to 3 indictments for forging and uttering receipts for £1 3s. 6d., £5 2s. 2d., and £9 15s. 8d., with intent to defraud— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]And
The Prisoner stated that he was Guilty of unlawfully wounding, upon which the JURY found that verdict .— Twelve Months' Hard Labour.
MR. GEOGHBGAN Prosecuted. ERNEST UNDERWOOD. I am manager to Elizabeth Lazenby and Son, iiauce and pickle manufacturers, of Grimscott Street, Bermondsey—the
prisoner was a clerk there—he kept the petty cash book, and made it up on the morning of the next day—I gave him a certain sum in the morning, and he gave me the balance—on March 30th he was dismissed for irregularity—we were indebted £2 19s. 9d. to the Free Trade Pork Com-pany—this invoice (Produced) shows that the prisoner paid it to them on February 16th, and I credited him with having done so, believing that it was a genuine signature—I did not know that there was any person named Bennett, but I was quite satisfied.
JOSEPH BENNETT . I live at 91, Rock Street, Stepney, and until last year I was carman to the Free Trade Pork Company, but left—this "J. Bennett" is not my writing; I did not see it—I was at Chingford at the time—I did not see the prisoner on February 18th—he did not call on me.
Cross-examined by the Prisoner. When I receive money I sign "J Bennett."
JAMES MAPLE . I live at 44, Longman's Road, Mile End—in February this year I was agent to the Free Trade Pork Company, and delivered 9 casks at Lazenby's, and saw the prisoner—he siad that he had not suffi-cient cash, and it would be forwarded on to me—he gave me this paper "Please pay £2 19s. 9d.," but I cannot read—I saw him write this red, part—I did not give him a receipt for £2 19s. 9d.
ARTHUR CHARLES ROCHESTER . I am cashier to Poulton's, the agents for the Free Trade Pork Company—Maple is still in their service—Lazenby's pay cash on delivery—on February 19th Maple handed me this document—on March 27th I called and spoke to the prisoner about the non-payment of £2 19s. 9d.—he said that the cash would be sent on that night—we have never received it, but about April 17th he called, and I referred him to Mr. Underwood.
Cross-examined. On April 17th, when you came, I told you that Mr. Underwood had been asking, and you said that it was a funny thing; you would see him.
SAMUEL LEE (Detective Sergeant, N). On April 26th, at 9 a.m., I saw the prisoner at Grange Road Station and read the warrant to him charging him with forgery; he said, "All right"—he was taken before the inspector, and made no reply.
Cross-examined. You surrendered voluntarily.
Prisoner's Defence. I plead not guilty to the charge of forgery, but I plead guilty to the misappropriation. I contend that there was no man named Bennett in the employ at the time. I tendered the money at the Free Trade Wharf; I had no intention to defraud. There is no case against me, because this is a fictitious name altogether. I have been with the firm four years.
GUILTY .— Six Months' Hard Labour. (There was another indictment against the Prisoner.)
Before Mr. Justice Ridley.
MR. HUTTON Prosecuted, and MR. BIRON Defended. EDWARD CARTER. I live at 8, Hanley Street, Bow—I am agent for some property at Camberwell, upon which the prisoner occupies a house, No. 57, Sedgemore Place—I went there once a week to collect the rent—
last September he was in arrear, and I put a broker in for the purpose of diatraining—I think the rent was paid in two instalments afterwards, after which I continued to call once a week until April 18th; till then I think I had only seen the prisoner twice—on April 18th, about 5 pm., I called at his house—I knocked at the door—he opened it directly—he said, "I have no rent for you to-day, what compensation are you going to give me for the injury you have done my wife?"—I said, "I have done no injury to your wife whatever—he put a revolver to my face before I could say a word, and said, "Take that!" and fired directly; that was the first I saw of it—I was about a yard from him—blood flowed all over the place from my nose and mouth—the shot went into my cheek, right through, and splintered my jaw; it entered my throat, and I could not swall ow—these macks on my chin are from the powder, I think—the bullet is there now; I have had the Xrays on three times, but they have not been able to find it—I was blinded by the smoke and blood—I crawled along the fence, and went to the next door but one, No. 63; the door was open, and I went in—just at the door I felt something hit me at the back of my neck—I did not hear anything, I was too amazed at the time—I have got no feeling in my chin, and several places in my face—I had the wounds dressed and disinfected—I went home and sent for another doctor, and then went to the hospital, where I remained till April 27th—I had only seen the prisoner once before—I had had no quarrel with his wife—neither of them had made any complaint or applied for compensation.
Cross-examined. The only occasions I had seen the wife were when I went for the rebt—they came to the house as respectably people—the woman was recommended by one of the old tenants—I did not know that the prisoner had been knocked down by a train.
HERBERT GEORGE SAYER . I am a baker, of 48, Sedgemore Place, Camberwell—my shop is opposite the prisoner's house—about 5 o'clock on April 18th I was in my shop—I heard the report of firearms—I went outside and saw the prosecutor come put pf 59 and go in the direction of 63—he had his hand up to one side of his cheek—I saw the prisoner come out of 59—his wife had hold of him—then ho fired down the street with a revolver in the direction of the prosecutor—his wife was apparently endeavouring to prevent him firing.
FRANK JENNINGS (598 P). Soon after 5 o'clock on April 18th I was called to 59, Sedgemore Place, Camberwell—I knocked at the door, and the prisoner's wife came—the prisoner came immediately afterwards—I said to him, "In consequence of what I have just been informed, I shall arrest you for wounding a man"—he said, "This is for revenge for assaulting my wife seven months ago; he has got all he deserves, it is a pity I did not kill him"—he was quite sober—his wife handed me a revolver—I took him to the station.
Cross-examined. I arrested him about 10 minutes after the shot had been fired—I did not notice anything about his manner.
WILLIAM CHAMBERLAIN (7 P). I received the prisoner at the station—he was charged with attempted murder by shooting—before he was charge—he said, "You can do as you like; this is all for revenge in consequence of two life injuries he has done upon my wife; and he would not compensate her which I asked him to do"—when the charge was read over
to him he said, "Very well; I did not intend exactly to murder him, but I intended to do him more harm than I have done"—I received this five-chambered revolver (Produced) from the last witness—it was loaded in three chambers—a bullet was picked up inside the doorway of 63, Sedgemore Place—it fits this revolver.
THOMAS KEYS (Sergeant, P). After the prisoner was charged I searched his place at 59, Sedgemore Place—I found a box containing 34 cartridges similar to the ones found in the revolver, also an air-gun.
Cross-examined. I have made inquiries about the prisoner—I find he has always been a sober, respectable man—he has worked as a carpenter at various jobs—he was employed on the South-Eastern Railway last August—I did not know that he was knocked down by an engine—I know that he went away and was returned missing by his wife to the police, and that during that time distress was levied for rent—there have been complaints about his shooting in his back garden with an air gun—he has killed two of his neighbours' chickens, and nearly killed a boy—there is nothing else against him.
COLIN COPE SIMSON . I am house surgeon at the London Hospital—the prosecutor was admitted on April 18th, bleeding from his mouth and right nostril—there was a small round hole in his left cheek, and powder marks on his left cheek—I saw the wound in the back of the throat—the bullet had penetrated just above the tonsil—I could not find that the bullet had come out—his head and neck were examined by the X rays—I cannot say if it is there now—it has not been traced out—he may re-cover the sensation in his cheek—there was a bruise on the back of his neck—it might have been caused by a bullet.
Cross-examined. I am not sure that there is a bullet in his head at all—a wad fired from that distance would not have caused the wound, because his teeth were broken—the bullet might have lodged in the base of the skull—it is possible, but not probable, that he may have swallowed it.
Re-examined. I do not think the skyograph would show a wad.
Witnesses for the Defence.
JANE INDGE . I am the prisoner's mother—he has always been a well-behaved and well-couducted son—he had an injury to his head when he was a boy—he has had fits—when he was employed at Maple's two years ago some ceiling fell on his head, and he had an accident on a railway—there was a change in his manner after that; he looked very vacant, and he would leave off doing things all of a sudden, and go and sit down—I have seen him since he has been in prison—he told me it was like a dream, and that his head was like as if it had been lifted off.
Cross-examined. He was away in August—he went for a holiday with
the Volunteers—as far as I know, he was perfectly well—I think he has been in regular employment from then till April 18th—he had no fits.
MRS. INDGE. I am the prisoner's wife—he had a railway aocident in August—that was the same August when he went with the Volunteers—he had the injuries before he went to Aldershot—he went about three weeks after the accident—he was treated at the hospital—I do not know what he was doing at Aldershot, I did not know he was going—he was supposed to go and play in a cricket match at Woking—the injuries were principally to the big toe of his left foot; he had an abscess on his cheek, and his left arm began to swell—I first noticed a change in his manner after the accident; he seemed to be very vacant and strange—after the occurrence on April 18th he said to me, "Brave it out like an Englishwoman; the nation will look after you."
Cross-examined. I gave the policeman the revolver after the shooting—it was my husband's—I did not know that he had it, or any cartridges—I knew that he had an air-gun—he had a railway accident, his big toe was ripped up—the doctor said it healed rather quicker than it ought to—we thought going away would benefit his health—he said he was going to see a cricket match—he was a Volunteer before we were married—I reported him to the police when he was at Aldershot—I did not know he was going there—the brokers were put in after he came back—he was rather annoyed at the time—both the bailiffs came to my house drunk, and wanted to come in; I struggled with them and tried to keep them out—they forced their way in.
JAMES SCOTT . I am Medical Officer at Holloway Prison—since the prisoner has been there he has been under my care—he has been there since April 19th—I consider he is a man of weak mind—he had rather a confused recollection of the occurrence itself—his statements were confused—he said he acted on the impulse; that his wife had informed him that Mr. Carter had said something which he did not like—he did not suggest impropriety—the injuries he has received to his head would not improve his mental condition—I do not think he understood the act so fully as a person of a stronger mind would, but I think he knew right from wrong—I do not think a person in his state could form a lucid statement about the facts.
Cross-examined. While under my care his conduct has been rational, but his memory was rather defective; he could understand—I could not have certified him as a lunatic during that time—I would not certify him now as a person not responsible for his actions.
GUILTY of shooting, with intent to do grievous bodily harm .— Fifteen Months' Hard Labour.
MR. HUTTON Prosecuted.
GUILTY Of attempting to commit the offence , Eighteen Months' Hard Labour.
ADJOURNED TO MONDAY, MAY 29TH, 1899.