CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD MAY 29TH, 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.
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 29th, 1899, and following days,
Before the Right Hon. SIR JOHN VOCE MOORE, KNT., LORD MAYOR of the City of London; the Hon. Sir WILLIAM GRANTHAM , one of the Justices of Her Majesty's High Court; Sir REGINALD HANSON , Bart., 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., WALTER VAUGHAN MORGAN , Esq., JOHN POUND , Esq., and HENRY GEORGE SMALLMAN , 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. EIGHTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, May 29th, 1899.
Before Mr. Recorder.
398. WILLIAM WALLINGTON FOWLER WHITTINGTON (23) , to stealing a post-letter containing 12s. 6d. and 12 stamps, the property of H.M. Postmaster-General, hebeingemployed under the Post Office.— Twelve Months'Hard Labour. [Pleaded guilty: See original trial image.] And
(399). CARL STUPPERGER (21) , to forging and uttering an order for £7 68. 8d., with intent to defraud, having been convicted on July 4th, 1898.— Thirteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. BURNIE Prosecuted.
WILLIAM PALMER . I am a salesman in the Cattle Market, and live at 458, Camden Road—on Easter Sunday night I shut up my house as usual—I locked up the drawing-room; everything was then safe—I heard a dog bark in the night—I got up at 4 a.m. as usual—on going down-stairs I saw the drawing-room partly open—I looked in; it had been turned upside down—the door had been forced open—I did not then see if anything had been taken—some coats in the hall had been gone through, and I Jost 25 £1 notes, about 50 years old, which I kept as a curiosity—I communicated with the police, and on the 9th I received this letter (Produced), in consequence of which I advertised in the Daily Mail, offering a reward to A. F., the writer of the letter, if he would communicate—then I received this letter—it said that it would be the worse for me if I communicated with the police—that was the first thing I did—I wrote a second advertisement for the Daily Mail, and the detectives put it in, saying that I would reward them with £5 if the notes were brought back—on May 18th T went to the Copenhagen public-house in the Cattle Market—when I entered I saw Duke sitting in the bar—he asked me if I had come to meet A. F.—I said, "Yes"—he said that I had got to give him £5, and
he would go into the street and fetch the notes and bring them back—I said, "There is no sense about that; I want to see the notes and count them," and that I should take 7s. off for advertising—the police-officers, Murray and Nowlan, came in—they seized Duke, and took all his things from him among them a revolver and a knife—I could not see very well, I was behind the detectives—two more detectives brought Rhodes into the bar—he was searched, and these notes were found upon him—he was taken to the station and charged—this letter he gave to the detective.
STEPHEN MURRAY (Police Constable). On the evening of May 18th I went to the Copenhagen public-house. York Road, with constables Powell and Nowlan—we remained there till about 6 o'clock—Nowlan and I went to the saloon bar, where the prosecutor and Duke were—Nolan said to Duke that we were police officers—then he said, "Where are the notes?"—Duke said, "I have not got them; a man round the comer has them"—Nowlan said, "Hold up your hands"—Duke immediately put his hand into his right-hand coat pocket, and pulled out this revolver (Produced), loaded in five chambers with these cartridges (Produced), and put it close to me—Nowlan closed with him, and took it out of his hand—the other prisoner was brought in—he was searched, and the notes were found on him—we found this knife (Produced) on Duke, and also this letter. (Read: "Sir, I have sent this young man for the notes, and if you wll give him the money I will give you the notes. All fair, I hope; no bluffs"). They were taken to, the station and charged—they made no reply—Duke gave a false name, and no address—Rhodes gave a false name and false address.
JOHN NOWLAN (Police-sergeant). I went with Murray into the bar of the public-house—I saw Duke sitting by the prosecutor—I said to him, "We are police officers"—he said, "I expected this"—I said, "Where are the notes?"—he said, "Aman round the corner has them, near King's Cross"—I said, "Hands up!" and he drew a revolver out of his pocket and placed it up against Murray—I closed with him, and took the revolver from him I searched Rhodes when he was brought in, and I found the notes on him.
JAMES GEHERRAN (Policeman C). At 6.30 on May 18th I was sent by Sergeant Nolan, outside the Copenhagen public-house, and with Powell I went to where Rhodes was standing in the roadway—he turned as if to run away—I seized him and said, "I am a police officer; I want you to come back into the saloon bar"—he said, "This is all right"—I took him back; he was searched, and these notes were found on him—on the way to the station he nodded his head at Duke and said, "It is a good job he did not use the shooter"—he spoke to me and Powell—he was not present when Duke produced the revolver.
WILLIAM PALMER (Re-examined). I had fastened the drawing-room window the night before—it is a French window; it was broken open—they got in there—I found a broken chisel lying on the chair just against the drawing-room door.
Duke, in his defence, said that he did not present the revolver at the constable, but gave it to him, and that he had not said anything to Rhodes about using it, Rhodes, in his defence, said that a man asked Duke and himself to take the notes to the publicfshouse and get the reward, when he would give
them 5s.; that he was told to wait outside, and Duke was told to go in; that the man gave Duke the letter and himself the notes; that he did not write the letter; that he knew that Duke carried a loaded revolver, and that his real name was Stanley Alfred Carpenter, and not Rhodes.
MR. BURNIE Prosecuted.
STEPHEN MURRAY (Policeman). On May 18th I was in the saloon bar of the Copenhagen public-house with Sergeant Nowlan—I saw the prisoner there—Nowlan went up to him and told him we were police-officers, and asked for the notes—he said the notes were outside—Nowlan said, "Put your hands up!"—the prisoner put his right hand into the right outside pocket of his coat quickly, and drew a revolver, and placed it against my stomach on the left—I seized the revolver and turned the muzzle upwards, and Nowlan seized the prisoner at the same time and wrenched the revolver from him—he was charged at the station with attempting to shoot me—he made no reply—I do not think he could hear what Rhodes said on the way to the station—the landlord was present when this took place, but be could not see what happened; he was on the other side of the bar, and the prisoner was sitting down; the revolver was below the level of the bar.
By the JURY. The muzzle was towards me, not the handle.
JOHN NOWLAN (Police Sergeant). I was with Murray on May 18th—I said to the prisoner, "Hands up!"—he placed his right hand into his jacket pocket and pulled out a revolver, which he placed against Murray; I had to use force to get it out of his hand; he did not give it up.
The Prisoner, in his defence, said that the detectives began to search him, and he took the revolver out of his pocket and gave it to them, and that, it was wrapped up in a piece of cloth.
GUILTY .—He then Pleaded Guilty to a conviction of felony on February 11th, 1898.— Sixteen Months' Hard Labour.
NEW COURT.—Monday, May 29th, 1899.
Before Mr. Common Serjeant.
402. JOHN WILSON (26) PLEADED GUILTY to feloniously having in his possession a portion of a mould for making counterfeit coin;also to un'awfully possessing a large quantity of counterfeit coin, having been previously convicted of knowingly uttering counterfeit coin. (Other convictions were proved agains thim).— Four Years Penal Servitude.
404. GEORGE WESTON **† (20) to attempting to break and enter the shop of Engleman Jones and Company, with intent to steal.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.] And
(405) JOHN MEYER (33), ALFRED PRONG (21), and GEORGE MILLER (25) , to burglary in the dwelling-house of Arthur Gray and stealing a pair of opera-glasses and other articles, his property, Meyer having been before convicted. MEYER— Six Months' Hard Labour. MILLER and PRONG— Three Months' Hard Labour each. [Pleaded guilty: See original trial image.]
WILLIAM HENRY ARCHER MARTIN . I am a builder, of 86, Ravenston Lane, Hendon—on the evening of April 23rd I was proceeding home—I left Farringdon Street at 12.13, and was the worse for drink—I was in a public-house in Farringdon Street—I went down by the side of St. Pancras Station, and was interfered with, and I recollect no more till I was at the Police station at 1.30 am.—I then missed my silver watch, chain, pen-knife, and a key, and have never got them back—I saw my watch last about 10 o'clock.
JAMES COHEN . I live at 65, Swinton Street, Gray's Inn Road—on April 23rd, about 12.15 a.m., I was outside the Underground Railway, King's Cross—I go about selling studs in the streets to help my parents, and I was going home—I saw the prisoners, and heard Chapman say, "Bill, when we get him round the corner we will have his lot"—I saw the prosecutor; he was the worse for liquor—he went up St. Pancras Road—they followed him, and I followed them—Saunders came back, and said, "What do you want?" and struck me on my face—I knew him before, but did not know his name—he did not hurt me very much—I saw them going after the prosecutor, (but he would not have anything to say to them—Saunders struck him on his face and he fell back, and Chapman held his hand over his mouth, and the other one and another man felt his pockets, and Saunders struck him on his eye, and Dodd toor his watch and chain—I did not know them by name, but I recognised them as men I knew by sight about the streets—the prosecutor's eye was cut right open, and he had two or three bruises—another young chap and I went up to him, and I took my handkerchief out of my pocket, and waited till a policeman came, and went with him to the station—I saw Saunders next day in a coffee-shop—two detectives were with me, and I pointed out Saunders to them—he said that he knew nothing about it—about two weeks ago I saw Chapman outside a coffee stall in King's Cross Road—I was alone—he said, "How much?"—I said, "I don't know"—he said, "It is bent"—I said, "I don't know; good night," and he disappeared up York Road—I then spoke to Allwright, and the detectives followed
Chapman—I saw him arrested, and went away—I did not see Dodd again till he was in the dock, but I saw the other man.
Cross-examined by Dodd. I saw you put your hand in his Pocket, but Steele took the watch out and gave it to you—I saw You on the saturdaybefore this occurred.
FRANCIS ALLWRIGHT (Detectivs, Y). On Monday, the day after the robbery, I saw Saunders in a coffee-shop, and in consequence of what Cohen told me, I said, "Saunders, I am going to arrest you for robbing a man with three others"—hesaid, "I know nothing about it, what time was it?"—I said, "A quarter to 1 on Sunday morning"—when he was charged he said "Yes"—the pros cutor was in such a condition that he could not give any account—I arrested Dodd last Friday—I told him I should take him for being concerned with two others and a man not in custody—he said, "I know who has put me away, the kid"—I took him to the station—he was placed with 7 others, and the lad identified him—he said, "I do not want them; I want the prosecutor to see me"—I said, "He was too drunk to indentif you."
EDWARD LEONARD (Detective Sergeant, Y). I arrested Chapman on May 14th, at 1.30 a.m—he said, "I know nothing about it"—at the station he said, "You have made a mistake; you have taken the wrong man"—I told him I saw him at a coffee-stall talking to a little boy—I called the boy and asked him if he knew him—he said, "Yes"—this (Produced) is the handkerchief he had on on the night of the robbery.
Cross-examined by Chapman. I took the handkerchief out of your pocket, and the boy said that that was the handkerchief you had on on the night of the robbery—the boy said, "You had a handkercheif on," and you said, "Yes; the police-officer has got it"—he identified you.
Re-examined. The man asked how he was dressed; he "similar to what you are now"—he said, "No; I had got a handkerchief—the boy said, "Yes; the officer has got the handkerchief."
FRANCIS ALLWRIGHT (Re-examined). His father is a very respectable man, a licensed hawker—I never spoke to the boy before—he has never been in trouble, quite the reverse; some weeks ago he picked up a postal order and brought it to the station.
Dodd's Statement before the Magistrate: "I had nothing to do with it, I was not there at the time."
Saunders' Defence. I was in a coffee-shop on Monday night, and the detective came and said, "I want you for stealing a watch and chain;" I said, "Oh, when?" he said, "on Sunday morning;" I said "oh;" he took me to the station, and the prosecutor said that he had lost his watch and chain.
Chapman, in his defence, stated that he was at home by 11.30, and was in bed and asleep by 12 o'clock, and knew nothing about the case; that he had never been in prison; that he had only left the Royal Welsh Fusiliers Six weeks before, and was employed at the Great northern Railway, and that he wore the handkerchief round his neck that night as he had no collar; and that he did not know the other two prisoners; he denied the conversation with Cohen. MRS. CHAPMAN. I am Chapman's mother—on Saturday, April 22nd, he came home at 11.30, and at a quarter to 12 ne was in bed.
Cross-examined. I am his stepmother—he lives with me—I fix the time he came home because I had just been out to get some errands, and I came in, and my son was in the room—I said, "You are rather late to-night again"—he had come in before 11.30, while I was out—he had been in before I went out, and washed himself, and went out for a walk—he was not in the room when I went out—mine is a Dutch clock; it hangs on the wall of my room—he works at the Great Northern Railway—I have been there, but they say that he has not been there long enough for them to send anybody here on his behalf—I produce his papers—he was in the Royal Scots Fusiliers, not the Welsh—he was dressed on the night of April 22nd exactly as he is now. barring he had another hat—he had a pink silk handkerchief round his neck.
By the COURT. I got him out of the Army in a false name—the regiment was going abroad—I first heard yesterday week that he was arrested on the Monday morning—he was in bed when this was supposed to be done—I did not hear him charged; they would not let me into the Court; they pushed me back.
Dodd's Defence: I went with a young woman to her house at 10.30, and when I came out I went home. I know nothing about it. I was in prison, and when I came out I was arrested.
SAUNDERS and DODD— GUILTY . CHAPMAN— NOT GUILTY . They then PLEADED GUILTY to previous convictons, Saunders on March 2nd, 1897, and Dood on September 7th, 1897—Saunders had been for 10 years the associate of thieves, and four previous convictions were proved aginst Dodd. SAUNDERS— Twelve Months' Hard Labour and Twelve Strokes with the Cat. DODD— Three Years' Penal Servitude.
OLD COURT.—Tuesday, May 30th, 1899.
Before Mr. Justice Grantham.
MR. SANDS; for the Prosecution, offered no evidence. NOT GUILTY .
(For the case of Catherine Moriarly, tried this day, see Surrey cases.)
NEW COURT.—Tuesday, May 30th, 1899.
Before Mr. Recorder.
409. ROBERT KING FARRANT (32) PLEADED GUILTY to forging and uttering the endorsement to a bill of exchange for £200, with intent to defraud; also, to feloniously obliterating an endorsement on the said bill; having been convicted in the name of Robert Conway on October
25th, 1897.He received a good character, and it was stated that arrangements would be made to send him abroad.— Judgement Respited. And
(410) HENRY CLAY , to three indictments for embezzling £50, £50, and £700, while being a member of a co-partnership, end to embezzling bills of exchange for £700 and £l,000.— Judgment Respited. [Pleaded guilty: See original trial image.]
MR. MUIR Prosecuted, and MR. DRAKE Defended.
The prisoner stated that she was guilty of the uttering, upon which the JURY Found her GUILTY of uttering.— Ten Months' Hard Labour from to-day, having been in custody since March 25th.
MR. THOMAS Prosecuted, and MR. R. GILL Defended. ARTHUR KIP. I am a clerk in the India-rubber Gutta-Percha Works, 110, Cannon Street—on April 11th, 1899, a boy named Crigbton came and presented this order, which is on one of Mr. Leo Sunderland's printed forms—he is a customer of the company—I gave the boy the goods specified in it, and he signed a receipt and took them away—on April 12th the same lad brought this order (For 3 lots of wire on a similar bill-head, signed "W. C. P.")—he gave me this receipt, and took them away—two invoices were sent to Mr. Sunderland, and I had a communication from him.
Cross-examined. The cable is worth about £3 4s.—the boy made no remark where he came from; he simply presented the order.
THOMAS JAMES HUDSON . I am assistant in the company's wire department—on April 4th I had a communication from Mr. Pillinger, and showed him these two order forms—Crigbton came to the office on the 14th, and produced a third order—he was detained.
BERT CRIGHTON . I am 17 years and 9 months old, and live at 3, North Block, Peabody Buildings, Westminster—I am employed at Ward Brothers as wire-man's assistant—the prisoner was a workman there when I went—after we had both left I saw him on March 31st and on April 4th, 5th, 11th, 12th, and 14th—I met him at the corner of Peter Street, and he asked rae if I would do some jobs for him, as he had a big job on Leo Sunderland—he gave me this document and told me to take it to the telegraph place, and get the goods, and take them on to Gloucester Road—I went there and presented the order, and signed the receipt, "B. Graham," because Acca told me to do so—he said that it was the named of the foreman of Leo Sunderland—I took the goods to Gloucester Road, but dlid not see Acca there—I received this other order from Acca on April 12th (For 3 sets of wire), took it to the company, got the wire, and look it to Patterson's, as Acca told me to do—I signed "B. Graham" because I was told—I received this further order from Acca and took it to the Telegraph Company, and was detained and taken in custody—I made a statement to the police-officer and went out to meet somebody with him.
Cross-examined. I had to clear myself—Sergeant Bacon took me to
the corner of King William Street and Cannon Street—I said that I could find the man there who gave me the orders—he was in plain clothes—we waited half an hour—the orders were ready written—I said, "I only casually met him and have got goods from him before"—that was because I did not know what to say—I was directed to sign a false name—I told Patterson that they were goods for Acca, and left them—I went to Patterson's three times; I saw Mr. Patterson twice and a young lady once—I signed another name, "B. Burton"—he said that that was his mate—I said before, "Acca told me if I did not find him at the public house I was to take it to the shop"—the men can get these orders from the firm—they receive receipts—on the 14th I took some other goods to the Cloak Room at Aldersgate Street Station—I did not think that extraordinary, as Acca said he would go there for them, and as I went there I met him, and he gave me a ticket for them—I told a lie upon oath, because I was in one situation and wanted to get into another.
Re-examined. Acca told me to sign "Burton"—he said that he was assistant where he was working, at John Fuller's.
GILBERT CECIL PILLINGER . I am manager to Leo Sunderland, an electrical engineer—I have known the prisoner—about three years ago he worked for us, and came back in January this year, and left at the end of January—these forms, with "Leo Sunderland" at the top, are generally used for notes, and they have been used for paying for small repairs—these initials, "W. C. P.," were not put there by me—the goods were not obtained by Mr. Sunderland or by anybody on his behalf—we had no one there named Graham as foreman—Burton was there four years ago, but not during Acca's time—this is one of Acca's time-sheets—I believe it is his writing—the "Leo Sunderland" on it is similar to his writing; I take it for the same.
Cross-examined. These sheets are issued to a number of workmen, but it is necessary that they should be signed to obtain goods—the men always have to sign their initials—I do not swear that these initials are in the prisoner's writing, but there is a similarity—I think you will find the same "A" in "Acca" as in the time-sheet, and the small "s" and the "y" and the capital "W" are similar—I compared his writing at the Mansion House—I knew then that he was charged with this offence—he came to me with a good character, but he was lazy, and kept bad time—these forms are given to the men to send any communication to the office.
WALTER PATTERSON . I am a wire manufacturer, of 218, Goswell Road—when I am not there my daughter looks after my business—I have known Acca three years, by his being recommended to me—I employed him—I saw him early in April, and bought 110 yards of new wire of him, and gave him 28s. for one lot, and 8s. for the other—the trade price of what I gave 28s. for is 32s.—I knew where he was employed, and I was buying new wire of him under trade prices—I asked him if there had been a sale lately—he said, "Yes"—he brought me 10 coils for Acca, and I bought four of them—he only received money for the four—I gave him a cheque for one in ray own writing—I drew it to "Hacker," as I thought that was his name, and not "Acca"—he took the other six ack the following morning.
Cross-examined. There is plenty of new wire bought at the sales—I still adhere to the price—the boy came to me once, to my knowle Ige, and once when my daughter took the wire in—if he says that he came three times, that is not correct—I paid no money to Crighton; I gave a cheque to Acca—I had no receipt when I paid him for work done; that was paid for over the counter.
Re-examined. It is not more than three months since he did the last work—the largest amount I have paid him at one time for work done was about 15s.
SAMURL BACON (City Detective. SP). On the afternoon of April 14th I was called to the office of the Telegraph Company and found Crighton detained there—I went out with him to meet somebody who did not arrive—I took Crighton to Cloak Lane, and he was brought up at the Mansion House—his mother came to see him—in consequence of what he said, I arrested Acca—I read the warrant to him; he made no reply—he was brought up with Acca, and discharged—none of the property has been recovered.
GUILTY —He received a good character.— Ten Months' Hard Labour. (There were 8 other indictments against the prisoner.)
MR. MUIR Prosecuted. CHARLES FREDERICK KEITH. Iam a commercial traveller, and have known the prisoner 6 or 7 years, and in September last he offered me employment at 12, Aldgate Avenue—I went into his employ on Monday, October 10th, and on the same day he wrote a cheque for £14 3s. 6d., payable to me, on the London Banking Company Stratford Branch, which was three miles off—it was crossed—he gave me no reason for crossing it, but told me to cash it—I went to my nephew, and he gave me the cash, which I put on the desk in front of both the prisoners, and they counted it—I saw both of them handle it—they knew where I was going to cash it—I had none of it—on October 12th Jacobson gave me this other cheque to cash—he was "H. Richards and Co."—Benson was not there—I did not tell Jacobson where I was going to cash it—I got £5 on it, and the balance was to be paid after-wards—Jacobson brought me the cheque dishonoured, and I handed him the£5—on the 14th Jacobson met me at the office; Benson was there—Ben-son said that the cheque was all right; he had plenty of money at the bank, and he gave Mr. Copeland a cheque for £9 3s. 6d.—Benson afterwards gave me a third cheque to cash, payable to myself—Jacobson was there—I was to cash it at Mr. Cohen's, the bootmaker's—I went theie and got this cheque, marked E—I took it to Jacobs on in the office, and then to the bank—I am not certain whether I had endorsed it first, but this is my endorsement—I saw Benson's signature on all the cheques—they are in his writing, but this one is Mr. Cohen's I remained in the employ 7 or 8 weeks after that, but Jacobson never came back to the office; Benson re-mained till I left.
Cross-examined by Jacobson. Benson did not say that he was responsible
for the money; he gave me the cheques, but you gave me the third cheque, and told me I had better be sharp and cash it, as it was near 4 o'clock I do not remember whether it was endorsed—I may have seen you the next morning, and then not till after Christmas you helped me to find Benson—I saw him coming, and you shouted out—he abused you and me too.
Cross-examined by Benson. When you were introduced to me you told me that Jacobson was a straightforward, honest man, and whatever money I let him have I should be sure to have it back—Jacobson did not show me any receipt from the bank for the money—I saw him after that the same evening—his wife came there on a very wet morning in a very dilapidated condition, and he left her and bolted.
Re-examined. I saw Jacobson the same evening—he did not go back to the office, but I may have seen him there the next morning—he did not get the money as far as I know.
By Jacobson. I asked you to come with me to take the money to Benson and put it to his account.
FREDERICK AUGUSTUS COPELAND . I am a grocer, of 53, Sharland Road, Maida Vale, and am the nephew of the last witness—he brought me a cheque for £14 3s. 6d. on a Monday, which I paid into my banking Account, and it was returned dishonoured three days afterwards—on that day I went and saw Keith, and he gave me the £5—I went to Aldgate, And saw Benson—I told him I had the £5, and wanted the balance, and he gave me an open cheque for £9 3s. 6d.—I went to the bank with it, and payment was refused—he said, "You heard what Mr. Keith said, that there was no money in the bank"—he said that he would take proceedings against a man named Richards—I asked him for the money, hut he paid me nothing—I have never got it'.
Cross-examined by Benson. When I came to the office you said that you had been swindled by somebody, and asked me to go to the Police-station, but 1 did not; I had not time—Keith said, "Give Mr. Copeland an open cheque"—he went as far as the bank with me, but did not go in—you gave me an open cheque, and asked me to go to the bank, and said you would wait in the office till I returned.
JOHN JOSEPH BROOM . I am a boot manufacturer—I cashed this cheque, "C," for Mr. Keith—I first gave him £5, and the balance on Saturday night—I paid it to a friend, and it was returned, marked "Refer to drawer"—I think Keith put the money in his pocket.
BARNETT COHEN . I am a boot manufacturer, of Cannon Street, White-chapel—Keith b ought me this cheque, "J," on October 13th or 14th, and I gave him cheque, "E," for the same amount, £10 2s.—I afterwards got it back dishonoured, and did not get my money back—I did not see either of the prisoners.
CHARLES JOHN BALOM . I am a clerk at the London and County Bank, Stratford Branch—we had a customer named William Benson—this is a copy of his account to November 16th, 1898—on September 16th his balance was 4s. 11d., and from October 10th to 13th 5s. 11d.—this is a copy of our Look relating to cheques, signed "Wm. Benson," presented and dishonoured the last date is April 28th, 1891—on June 11th a £1 cheque was marked "Refer to drawer"—on April 23rd, 1898 a cheque for £50 was drawn on a balance of 5s. 11d., £6 17s. 4d. and £103 12s. 8d. on
the same balance—I produce the letter-book of July 12th, 1898. (This contained a copy of a letter to Benson, stating that his balance was £2 5s. 11d.) On November 11th I wrote him this letter: "Kindly note that I cannot receive any more money on your account. Kindly return any unused cheques. The balance is 5d."—I then received this: "Dear Sir,—I was under the impression that I had got between £30 and £40 in your bank. I wrote to you in October, giving you ray new address. If you have any cheques signed——kindly stop them, as I have been swindled out of some money"—this cheque was presented first on November 15th, and then presented again—there was no payment of £10 2s. to the credit of the account after October 12th.
Cross-examined by Jacobson. I have not seen Mr. Benson at the bank—£7 38. 6d. or £7 4s. 6d. was paid in on the llth, bub I cannot saythat you paid it in.
Cross-examined by Benson. I never had any of the large cheques presented again, only the one for £1 12s.
BERNARD FRANCIS (Detective Sergeant). On May llth I arrested Benson on a warrant at 15, Lansdowne Road, Forest Gate, for conspiring with Jacobson to cheat and defraud—I read it to him—he said, "Jacobson swindled me out of three cheques?," naming the amounts—he was charged at the station, and made no reply.
Evidence for Benson's Defence.
MARY BENSON . I remember Mr. Jacobson coming to Church Street, West Ham, on October 2nd—he went upstairs and stopped some time—Mr. Benson said, "Will you go upstairs and see how much money we have got?"—I found that we had not got enough—I saw Jacobson again on the Monday; I went to the office and opened the door—he said, "Where is the governor? I want to see him, I want him to write me another cheque"—he showed me a receipt.
Benson, in his defence, stated that he lent Jacobson money to start in business, and gave him a set of books, and he was doing very well; that, later on, he lent him £40, and showed him next morning that he had paid it into the bank; that he afterwards paid in for Jacobson a cheque for £103 3s. 8d., and never saw him again; that he gave Jacobson £37, and believed he had paid it in, and if he had, these cheques would have been met.
Jacobson, in his defence, denied that Benson had given him £37, and stated that he never received a penny from him, a man who had no money, and was living on pawn-tickets; that the business was taken by Benson, who engaged him at a salary of 3 guineas a week.
The COURT considered that there was not sufficient evidence that Jacobson, knew that these were bogus cheques.
JACOBSON— NOT GUILTY . BENSON— GUILTY . He had been previously convicted of fraud.— Twelve Months Hard Labour.
THIRD COURT.—Tuesday, May 30th, 1899.
Before Mr. Common Serjeant.
414. WILLIAM SMITH (10) PLEADED GUILTY to unlawfully wounding John Cosgrove having been convicted at the North London Sessions on December 8th, 1896, of burglary.Other convictions were proved against him.— Four Months' Hard Labour.
415. THOMAS ROBERTS (18), HAROLD DYE (18) and JOSEPH ANDREWS (22) , to burglary in the dwelling-house of Edward Lipscombe, and stealing a cornet and other articles; Andrews having been convicted at this Court on November 25th, 1898, of housebreaking. ANDREWS— Three Years' Penal Servitude ROBERTS— Six Months' Hard Labour. DYE— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]And
(416) SAMUEL UMFIELD (53) , to indecently assaulting Timothy Dennis; having been previously convicted. The Prisoner stated that he had been confined in an asylum, and was very sorry for what had happened.— Six Months' Hard Labour. [Pleaded guilty: See original trial image.]
OLD COURT.—Wednesday, May 31st 1899.
Before Mr. Justice Grantham.
MR. TORR Prosecuted. SAMUEL KNOWLES (105 J). On May 23rd the prisoner came to the Bethnal Green Police-station and said that he wished to give himself up for setting fire to his house, 27, Driffield Road, Old Ford—the inspector told me to take him to Bow Police-station, where I saw Inspector Knott, and told him what the prisoner had told me—he made a statement and signed it—the prisoner could hear what I said to the inspector—he was charged—he had been drinking, but he knew what he was doing and saying—I do not know if he knew what he was doing before.
WILLLIAM KNOTT (Inspector, K). On the night of May 23rd the prisoner was brought in by Knowles—he said, "I wish to give myself up for wilfully setting fire to 27, Driffield Road"—I cautioned him, and then I took his statement down in writing—he said, "I, Thomas Charles Butler, aged 40, of 27, Driffield Road, Bow, do say I did wilfully set fire to 27, Driffield Road, Bow, the front room upstairs, by lighted matches, which I threw on the bedclothes. No other person was present. When I saw it was well alight I left the house and let it burn. As I left the house I said to Mrs. Nicholls, the landlady, 'I have set fire to the house.' "—I read it over to him and he signed it—he had been drinking but in my opinion he knew perfectly well what he was doing and saying.
CHARLOTTE NICHOLLS . I live at 27, Driffield Road, Bow—the prisoner was a lodger in the front room upstairs with his wife—I do not remember his saying anything to me about the fire on his leaving the house—I heard people shouting—I was going to run upstairs, but returned to take care of the children—the firemen came—I do not know what the prisoner was doing then; I did not see him.
By the COURT. The prisoner goes to work; he is married—I do not think his wife drinks very much.
SAMUEL RIDDLE . I am the officer in charge of the Bethnal Green Fire Station—on the night of May 23rd I received a call to 27, Driffield Road; I found that a bed which had been burned had been extinguished by three strangers who were there—I saw the prisoner there; I asked him
if he was the occupier and how it had occurred—I saw his pipe on the table, and asked him if he had been smoking in bed—he said, "Never mind; I will tell the police"—he looked as if he had been drinking—his wife was in the room then; she appeared to be sober—she did not say anything in his presence—I had to return the cause of the fire as "Unknown."
ARTHUR HALL (65 K). I went to 27, Driffield Road; by that time the fire was out—I saw the prisoner and his wife; I asked him if he knew the cause of the fire—he replied, "I was out at the time"—he was under the influence of drink.
HARRY WHITE (Detective Sergeant, K). I was present when the prisoner was charged—he said, "I set fire to the place with intention: I have a drunken wife; I would cut her b——head off; I give myself up, either kill her or do something else"—he was strongly under the influence of drink then.
ARTHUR HADDON . I live opposite 27, Driffield Road—I am a house decorator—I was in my room, and I saw a light in the house where the prisoner lives—I heard cries—I crossed the road—the front door was open—when I got upstairs I saw all the window curtains flaring—I took off part of the bedclothes and threw them on the floor, and then rushed into the street—when I was carrying the bedclothes out of the room I met the prisoner—he said, "Hold on, I want to sleep on those to-night"—I said, "You will not be able to sleep on these, mate."
The Prisoner, in his defence, said that he went to deep on his bed with his pipe alight, and the next he heard was people shouting and loud knocking at the door; after the fire was out he had some more drink, and that he did not remember making any statement to the police.
The Prisoner received a good character from his employer, who said he would take him back into his employ.
NOT GUILTY, being under the influence of drink when he made the statement.
418. FRANCIS SAGE (35) PLEADED GUILTY to feloniously shooting at Albert Handley, with intent to do him grevious bodily harm, and CHARLES STEWART (19), to shooting at the same person, with intent to evade his lawful arrest; Sage having been convicted of felony at this Court on December 14th, 1891. Seven other convictions were proved gainst Sage, including two terms of penal servitude.— Three Years' Penal Servitude. STEWART— Six Months' Hard Labour.
GUILTY . MR. BROMELY Prosecuted.
Webster was recommended to mercy by the JURY. SPILLER— Eighteen Months' Hard Labour. WEBSTER Four Months' Hard Labour
NEW COURT.—wednesday, May, 31st, 1899.
Before Mr. Recorder.
MR. MUIR Prosecuted, and MR. OOLE Defended. NOT GUILTY .
MR. GRANTHAM Prosecuted, and MR. COUNSEL Defended. ERNEST MONICO. I am managing director to E. Manus, newspaper proprietor, Fleet Street—the prisoner told me in February that he would get me a large order from Mr. Purkis in connection with wringing machines, and on May 5th he gave me this order, "Please insert my advertisement"—(he had asked for something on account on March 25th, and there was a balance of 10s. on the last order: I gave him that and several other sums on the strength of the order)—I was rather suspicion& on account of the size of the order—I never saw him again, and communicated with the police—I went to the place, and Mr. Curtis was not there—I handed in an advertisement with this letter.
Cross-examined. He has been my agent since January; he was paid by commission—he only brought one order—he got £25 from me on a previous order, and the man does not exist—no money has been stopped for what I advanced—this book (Produced) contains everything—I did not say to the prisoner on Saturday, "Do you want any money?" and make him an advance of money to be earned—he was to live on his commissions—he was agent solely for me—he mentioned each week that he had seen Mr. Curtis about it—I should not have advanced him money if I had not had the order of May 5th—he said nothing on May 5th, when he gave me the order, but on May 6th he said, "At last I have succeeded in getting Mr. Curtis's order"—he did not say, "You would do well to inquire into that"—I do not know whether it is in the prisoner's writing—I have a receipt from him for the £25—I think it is in that book; this is it—I have seen him write, and have received dozens of letters from him, but he took them away on Monday morning—he extracted them from my letter-box; he admitted that—I do not suggest that the orders are in his writing—when he brought the order he did not say, "I cannot vouch for this; it is a big order; you had better inquire about it"—these letters (Produced) relate to supposed calls on Mr. Curtis—the statement that he hoped to obtain orders from Mr. Curtis is true, and on the faith of that I hoped to get the orders from Mr. Curtis.
By the COURT. When I parted with my money I thought it was a genuine order.
ALBERT JAMES CURTIS . I live at 4, Queen's Mansions, West Kensington—this order was not written or signed by me or by my authority—I authorised this advertisement to be put in a paper at the Brewers' Exhibition last year, but have not authorised the prisoner to put it in any paper.
Cross-examined. The prisoner has called on me on several occasions—I did not tell him that I was going to give him a large order, or say anything to lead him to believe it—I do not know that I told him I would not.
am a police-officer," and showed him the forged order, and said, "Did you hand that to Mr. Monico?"——he said, "Yes"—I said, "I have made inquiries, and find it is false"—he said, "It is no use arguing the matter here; I will wait till I get before the Magistrate."
Cross-examined. He did not tell me from whom he got the order—he gave me some information in Holloway Prison about somebody named Wiley, and I made inquiries, but could not find him—it was an empty house, and the police traced the person who lived there previously—the prisoner gave me more than one address, and I tried be all of them, but he was not known—they were public-houses where he might be met—the prisoner asked me to look for Wiley on the 23rd, and I received information on the 24th—the arrest was on the 13th.
By the COURT. I am aware that in the cells a notice is put up, stating that if any man wants witnesses called he oan have them.
The Prisoner, in his defence, stated that the prosecutor always asked him on Saturdays what he wanted as commission on any prospective business, which was a common practice in advertising; that he Was trying to get Mr. Cartis's business and other papers as well, and offered to do it for 12 or 15 per cent, cheaper, which would have amounted to about £1.000; and saw him about a dozen times about it; and that he received the order from Witey, who was on intimate terms with Mr. Curtis, and that tltey agreed to share the commission; that Wiley had given him a false order, having been getting money out of him all along, and defrauding him; and that he told the prosecutor to verify the order, because he had not got it direet from Mr. Curtis.
A. J. CURTIS (Re-examined). The prisoner stated that he could do my business cheaper—this order was never brought to me for inquiry,—I was in Birmingham at the time.
E. MONICO (Re-examined). There was a clerk in the office when I was a way, and the prisoner was the outside clerk.
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
MR. GANZ Prosecuted.
EDWARD MORRIS . I am a bootmaker, of 41, Essex Street, Mare Street, Hackney—on April 28th, about 1 a.m, I was going home down Mare Street, and when I reached Bayfordomen standinget I saw four w Stre at the corner—the prisoner was one of them—I walked past them, and when I had gone a few yards the prisoner came up to me and said, "I am going to smash every f——window in your house"—I said, "Go away; I do not want to know anything about you"—she is connected with my brother—she put her hand at the back of the head, and then" put a hat-pin right into my right eye, and said, "Take that," you sod"—
she tried to do it again, but I put up my arm, and the pin went through my coat and touched my wrist—these are the pins (Produced)—I came over faint; the other three women came towards us, and the prisoner disappeared—I afterwards went to the Moorfields Eye Hospital, where I Was attended to—the injury to my eye is a severe one—I cannot see anything at all.
By the COURT. The prisoner lived with my brother; she enticed him out of the Army.
Cross-examined by tlte Prisoner. I did not go down Bayford Street, and push up against you, or knock your hat off—I did not get the sack for stealing money from a tram when I was conductor.
DUNCAN MACLAREN . I am senior house-surgeon at Moorfields Eye Hospital—the prosecutor was brought there on April 28th; he had at injury to the front part of his eye, caused by some sharp instrument, which had gone through and injured the lens—the wound might have been caused by one of these pins—the lens has been partly removed; he will require a glass to get his vision—he was sober when he came to the hospital, I believe, but I did not see him till the day afterwards.
WILLIAM HICKS (58 J). I took these hat-pins out of the prisoner's band on the night of April 28th—she said, "Why have you taken the hat-pins from me?"—I said, "I have reason for doing so"—she said, "I suppose that is my f—P—'s brother; I will blind him in the ther eye before I have done with him"—when charged she said, "I did not do it; he struck me first."
The Prisoner's statement before tlte Magistrate: "I am very sorry for what has occurred, but if the prosecutor had not come up and insulted me, it would not have happened. He struck me in the face twice and pushed me by the shoulder."
GUILTY .—Thirteen convictions were proved against her for drunkness, abusive language, indecent exposures, and ass tutting the police.— Fifteen Months' Hard Labour.
THIRD COURT.—Wednesday, May 31st, 1899
Before Mr. Common Serjeant.
MR. ROOTH Prosecuted, and MR. SANDERSON Defended.
CHARLES BARTLETT . I am a boy messenger, of 56, Ranelagh Roadr Pimlico—on May 1st I was called to the Gaiety Buffet, where I saw the prisoner and another man—one of them said, "Take this to 29, Finsbury Circus, and wait for an answer," handing me a letter—I went and saw Mr. Weedon, and gave him the letter—he gave me a letter, which I took back to the Buffet, and handed to one of the men—I told them that he gentleman said he could not give me the money, as the signature was not on the back of the cheque—he paid me, and I went away.
Cross-examined. I said before the Magistrate that the other man gave roe the envelope, and then later on I said it was the prisoner.
29, Finsbury Circus—Mr. McCarty, of Athens, is a client of ours—he has a son, Alexander McCarty, who is in London now, and was on May 1st—I remember the boy messenger coming on that day, and giving me an envelope, which contained a draft on us for £25, to the order of Alexander McCarty—it was unendorsed and unstamped—I gave him a verbal answer, and returned him the cheque—in the course of the afternoon the prisoner came and produced this cheque for payment—it was in the same condition—I told him it must be endorsed if he wanted the money for it—he talked English—I gave him another document, marked "B," which I attached to the one marked "A," and required him to endorse it as it now appears—this is a crossed cheque—I believe he said it was no use, as he had no banking account—as it had to go through a bank and he wanted the money, he endorsed the original cheque—the draft attached to that order does not require endorsement—the original requires endorsement—he endorsed them both—I gave him a cheque then to the cashiers of the Bank of England for £25—I retained Exhibits A and B after I gave him cash—I am certain the prisoner is the man who endorsed this cheque—he did it at our counter.
Cross-examined. I said before the Magistrate: "In accordance with oar custom I gave him this draft marked 'B,' and then I was asked further about that, and said I was not sure, and that I did not send the cheq'ie 'B' back by the messenger boy,"—we refused to pay the cheque in the form in which it was presented—the boy wanted the money in bank-notes—I will not swear that I did not send it back by the messenger boy, but I am positive I did not—he endorsed them in my presence—I refreshed my memory after thinking the matter over—we do not have a great many of these drafts.
Cross-examined. I had a good look at him—the manager came out of the private office, and asked him to affix a penny stamp and endorse it—he had not got a penny stamp, and laid down a half-crown on my desk; and the manager said, "Put it back in your pocket," and he went to the desk and got out a stamp—in the meantime the prisoner went to the counter and wrote something—I went on with my work, and then the manager came back, and I believe he or the prisoner affixed a penny stamp—this is the draft on the Bank of England (Produced); it is in my handwriting and endorsed.
WILLIAM MCLEAN . I am a cashier at the Bank of England—on May 1st this open cheque was presented—it was written on before it was handed to me—I paid it in sovereigns—I cannot swear to the prisoner's face.
Cross-examined. I believe he is the man.
ALEXANDER MCCARTY . I am the son of L. McCarty—this document is in his writing—it is an original warrant—the endorsement "Alexander McCarty" is not my signature, nor is this Exhibit B or this draft on the Bank of England—I never authorised anybody to sign them—this draft was never in my possession.
of this month you sent a boy messenger from the Gaiety Buffet with a cheque to 29, Finsbury Circus, he boy returned without the money; you afterwards presented it yourself, and obtained an open cheque on the Bank of England for.£25"—a few minutes after the boy messenger came up—there were three there, and I said to him, "Can you recognise either of these three gentlemen?" and the boy picked the prisoner out without hesitation, saying, "That is the gentleman who gave me an envelope at the Gaiety Buffet"—I told him he would be charged—he said to the boy, "Don't you tell lies; you will have to swear that before a Judge and jury"—I told him not to intimidate the boy, and the charge was wade outon May 29th I saw him in the cells—he said, "I wish to give you some information; a man named Mikrowski, of 53, Howland Street, Tottenham Court Road, came to me at 5 p.m. on Saturday, April 29th, I was busy laying the table, and could only speak to him for a few minutes; he told me to meet him on Sunday at Arthur Street, New Oxford Street; I did so; my young woman was with me; he showed me a piece of paper and threatened me with a revolver; it was loaded; he told ran to meet him; afterwardsl did so, and) he told me to address an envelope to 29, Finsbury Circus, and sent fur a boy messenger; Mikrowski and myself took a cab, and went to the Post Office near the Bank of England; we went inside; Mikrowski put the name on the cheque; we then went in the cab to 29, Finsbury Circus; he put a long coat and a high hat on me and told me to go inside, and get the money; I went in, and the gentleman gave me another cheque, and I gave it to Mikrowski, and he took it to the Bank of England, and he afterwards gave me £7"—163, Queen's Gate, is a private hotel, where the prisoner was employed as waiter.
Cross-examined. I went to 53, Howland Street, and found a man name 1 Mikrowski—I told him the serious allegations the prisoner had made—he denied them.
ALEXANDER MCCARTY (Re-examined). 126, Queen's Gate Gardens is a private hotel—the prisoner was waiter there—I have spoken to him on business, and asked him for my letters—the mail comes in from Athens on Wednesdays and Saturdays as a rule—I was in the habit of receiving remittances from my father, and expected one then which I did not receive.
The Prisoner, in his defence, said that he was a Swiss, and that previous to May 1 he was a waiter at 126, Queen's Gate, Kensington; that Mikrowski called on him a few weeks back and arranged to meet him at 8 o'clock the following evening; that he saw him about 10; that he was with his young woman, who stood by; that Mikrowski drew a revolver from his pocket and. threatened him into secrecy; that he produced a paper, went to a public-house, and then parted', that the following day he went with Mikrowski, and said, "Do you. know Mr. McCarty?" He said, "Yes," and inquired what he was doing; that while in a cab he said he was too warm, and gave him his overcoat to put on: that they went to (lie Gaiety Buffet, where he addressed an envelope, at Mikrowski's dictation, to Rodocanachi and Sons, 29, Fins-bury Circus, and put something in it, and told him to tell a boy messenger to ask to be paid in £5 notes; that the boy returned without the cash, as the paper was not endorsed; they tool-a cab to Lthbury Post-office, and heasked
him to sign a paper without seeing it. to which he demurred, and he wrote the letters of the alphabet down for him to copy; thai at Lothbury he went into a bank, and he spoke to a clerk, who refused to cash it, because it was a crossed cheque; that he went to 29, Finsbury Circus, and came out at 3,50, and then went to the Bank of England, and Mikrowski went in, and came out, and said that he did not get it paid, as the signature differed; that Mikrotvski gave him £7, as he had previously lent him money.
OLD COURT.—Thursday, June 1st, 1899.
Before Mr. Justice Grantham.
MR. DRAKE and MR. HARRISON Prosecuted.
BEATRICE MART CUNNIKOTON I am single, and keep a boarding school for ladies at Southgate House, Devizes—my mother lives there with me—the prisoner came to me as French master on September 28tb—he produced several certificates—I have not seen them since—he paid me great attention, and at the end of October we became engaged to be married, subject to the consent of my brother—it was to be private at the prisoner's request, till Christmas—he at first refused to take any salary, but I would not accept that—he was to give about theee lessons a week, and I was to pay him £6 in three months, and I also undertook to procure him other pupils not connected with the school, which I did—he had lodgings in Devizes—he did not speak English very much—one of his reasons for coming was to learn English—he was very well received in the neighbourhood—he told me he had a great many influential friends, and that his father was a large landed farmer, a beetroot grower—that on his marriage he would come into an inheritance of £18,000 from his mother—that he was a bachelor and 28 years old—he wanted to purchase a house in the neighbourhood, and ultimately he wanted to take Fair View, which I believe on our marriage he intended to settle on me—it was not arranged whether we should give up my school—Fair View is about half a mile from where we live—he was going to purchase it for £3,000—he returned to France about the end of November, he said to arrange his money matters—while he was away my French classes were taken by nn English governess who had previously., taken them—the prisoner invited my brother and I to go over and "visit his people after Christmas, and we went over to France on December 31st—we went to Mario les Bains near Dunkirk—we were next day introduced to the prisoner's brother-in-law who had married his sister, M. Giudrillier—the prisoner told us that M. Caudrillier had a large boys school at St. Mario, but I have since found out that he is the postmaster there—we saw very little of him; we saw him at the station, and again in the evening at the post office, where we saw his wife; she presided there—the prisoner told us that he had to preside over the post office, that
it was a very important one, and only six others like it in France—on January 2nd we went to Lille, where we were to meet the prisoner's father, but a telegram came and said that the prisoner's stepmother was ill, and that his father was unable to meet us, and we returned to England—he said that his father's Christian name was Florentine—he was supposed to live about 14 miles from Lille—he-does live at La Neuville—while we were in France the prisoner showed me a certificate, which purported to come from the Mayor. (This stated that the prisoner had appeared before the Mayor to rectify false information given about him). He gave me to understand that he showed me that document to show that he was all right, and that all he said was true, butl had heard nostories to his discredit them—I returned to London with my brother and the prisoner on January 3rd—I did not see any promissory notes handed over at that time—I returned to Devizes; the prisoner came afterwards—when we were in Lille, about 8.30 a.m., a Madame Norris came into the hotel and bad some conversation with my brother and I—she said that she and her two daughters were coming to Devizes, her daughters as pupils, and she was going to stay in the town—we have heard nothing of her since—the prisoner was present then—he undertook to find her lodgings in Devizes when she came—he said he had arranged for right pupils tocome—the prisoner was to pay me, and was to take all responsibility; he was to have a commission—I was to receive between £80 and £90 each per year—he gave me the names of several of the parents—I communicated with two of them—one wrote that M. Caudrillier knew that he had no daughter, and the other did not reply—the prisoner said the money was to be paid in advance, as it was usual in France to pay for one year—he said the money had been paid to his brother-in-law, M. Caudrillier, who would send it to him—on Thursday, March 12, I received a letter from France containing some promissory notes—I told the prisoner the letter had come addressed to Cunnington and I had opened it, did he know anything about them; there was no letter inside; it was registered—the prisoner said they were for him; he Said that they were notes that he had received for the money for the pupils, and some of his own as well—he said he could not have the notes unless the money had been deposited for him already—he sat down and rilled in four or five of the notes with signatures; he signed "Caudrillier"—I only examined two of them; they amounted to £40, I think—I asked him how he could use his brother-in-law's name, and he said he had empowered him to do so—I asked him why he did not fill in all the notes—he asked me to do so; I refused—this note (No. 10) I saw him fill up to my brother; "Mons. Joseph Cunnington"—he asked me if my brother would see about his changing his money in England, because there was some difficulty about it—I said I was sure my brother would—the prisoner went to London by the mid-day express; he told me he was going to see my brother—he returned in the evening, and said he had seen my brother, but he did not say anyone else, that I remember—the next day my brother came down to Devizes—I saw him give the prisoner a £200 Bank of England note—at this time the prisoner was very anxious to be married at once, and on January 23th I signed a marriage contract, which the prisoner wrote out
at Devizes—(This stated that the marriage had been arranged between the prisoner and the witness, that the woman would be faithful to the man and the man to the woman, signed ly both parties)—it was sent to La Neuville for publication—the prisoner said that was a form of making an engagement in France—no date was fixed for the marriage—on January 30th I had a letter from my brother from Lille—I did not know that he had gone to France till I had that letter—I then saw the prisoner—I told him that my 'brother was in Lille; that he had been to see his father; that his father had told my brother that the prisoner was a married man; that he had threatened to strangle his wife, and thai he had deserted her—I did not say anything about the certificate which the prisoner had given me from the Mayor of La Neuville—I broke off the engagement immediately—he said it was not true—inquiries were made about him, and these proceedings taken—he stayed in the town for two days, and left on February 1st—our house stands in its own grounds; the nearest house is about 200 or 300 yards off—on the night of February 21st I was awakened by some noise I could not account for; I looked out of the window—I believe the prisoner knew where my bedroom was—I saw a rope thrown up over an iron balcony, which is outside my bedroom window—I went to another window, and saw the prisoner near the porch arranging what looked like a wire-rope (Produced), and hitch it on to the balcony—it was a very bright moonlight night—I did not wait to see him climb—I rang a large alarm bell, which is fastened outside the house—there was a fire near and a good many people heard the bell, but they did not come because they thought it was for the fire—we could not see anything of the prisoner afterwards—the next morning the cook brought me a long rope—there was a knot at one end and a loop at the other—it had never been seen on our premises before—the day before that I received a telegram, which was supposed to come from my brother, but he did not send it—I also received a great many letters (Produced) threatening mo—this one was wrilten by the prisoner—I know his writing very well
Cross-examined (Interpreted). I wrote two letters just before you were taken prisoner, but no others—I did write this one (Produced), and I wrote one to find out where you were, as I was afraid not to know; and another when you weie in prison, to say I could have no more to do with you—the engagement was broken off' on the last Monday in January—I wrote this letter because I did not wish to receive any more letters: "Sir, all your letters to me and all mine to you will, from this date be stopped by my brothers. I do not know what is taking place. I shall receive no letters from you, nor shall I write any to you until you have seen my brothers, and proved your honour to them. Yours truly; BEATRICE CUNNINGTON. March 8th"—I spoke to you once from the balcony and told you you would not be allowed into the house—I never told you it was necessary to frighten my brother in order to get permission for me to write to you—about a fortnight ago the post-master brought back a postal order which had been sent in my name to a person I know nothing about—a letter accompanied it—it'was sent by you—I did not take the money; it was not mine—I went to Bath with you to have a riding lesson before Christmas, and you changed a note, a
piece of green paper for either 25fr. or 30fr., for which you received £1—that is the only occasion I know of your changing a French bank note—I wrote to you once because I was afraid of your coming to Devizes—I do not rememlier you introducing me to Madame Caudrillier as your future wife—I think your sister knew, because she wrote to me, or I had a letter purporting to come from her—I do not understand French very well—I did not see any of your friends at Lille—I do not see my brother every Saturday—I do not know if you sent your photo and mine to a paper at La Neuville—I saw an envelope, but not the address on it.
Re-examined. Nobody dictated the letters to me which I wrote after the engagement was broken off—ray brother knew of them.
JOSKPH SMITII CUNNINGTON . I am an electrical engineer, of 93, St. Martin's Lane—the last witness is my sister—I first met the prisoner at the beginning of November last—in his presence my lister told me shewas engaged to him—he afterwards produced this certificate, purpoiting to come from the Mayor of La Neuville—he told me he had £18,005 from his stepmother, due on his marriage or when he was 30—on De-cember 31st I went over to France with my sister to meet the prisoner; we went and saw Madame Caudrillier and her husband—we went on to Lisle, with the intention of visiting the parents, but we received a telegram, saying that the prisoner's stepmother was dangerously ill with paralysis of the heart, and that stopped us from going, and we all three returned to London—my sister was introduced to Madame Caudrillier as the prisoner's fiance—on our return to England the prisoner produced these two notes to me, on January 3rd or 4th—one is for 500fr. and the other for 586fr.—he said that his brother-in-law had agreed to finance him, and that his brother-in-law had signed the two promissory notes—I gave him £12 for one of them—he wished to pay mine and my sister's expenses to France, and he gave me that bill in payment—he asked for the balance—the other bill was for money owing to my mother—no charge was made for discounting these bills—I paid two of these notes into my bank when they were due—they were not honoured—I received them back on January 26th—I wrote to the prisoner, and told him that they had been dishonoured—he was in Devizes then—I also told him that the drawer declared that he had not signed it—he paid me the two hillstwo days afterwards—he paid one to my mother, and the other to me—I know Mr. Noel Griffiths, a barrister—he was in my office on January 12th—the prisoner came in—he had five other bills—one was filled up complete, and the others had not the amounts filled up, but were signed—these are the documents—I said, "Are these your brother-in-law's bills signed by him?"—he said that they were—previously he had said that his brother-in-law was going to pay for pupils at my sister's school—I understood it was to comethroughhim—I asked him if the bills were for the fees—he said, "No"—he wanted me to cash them—he told me his brother-in-law had sent them—he said he had to pay a deposit on Fair View with the £200 I was going to give him—I took the notes to my bank that day—I have not cashed them at all; I wish I could—the next day I went to the Credit Lyonnais, and on the 13th I went to Devizes—the prisoner bad gone down on the 12th—I gave him the £200 note in the evening—he did not give me a receipt for it then; he did subsequently—I first became suspicious
of him when the first two bills were returned—I went over to France with Mr. Noel Griffiths on January 29th to see the prisone's father at La Neuville—I had a photo of the prisoner with me—I showed it to his father, who is a small farmer; he does not look like a large landed proprietor;. he lives in a small cottage—then we went to Marlo les Bains, near Dunkirk, and saw Madame Caudrillier, the prisoner sister—I had the five forged notes with me—she saw the signatures—I was shown a large post-office book, with signatures in it, which purported to be those of the husband Caudrillier—I compared them with the signatures on the bills—I had often seen the prisoner write before—the signatures in the book and those on the bills were not alike at all—I. went to France again about a fortnight ago, and again saw M. Caudriller—he signed this letter (Produced) in my presence, and also this document—I have received this other letter from him since—I went to France the second time, because my sister was engaged to the prisoner—I heard he was already married, and I had a very bad account of him from the Mayor, and I was obliged to go—I tried to get M. Caudrillier to come over—I have received letters from the prisoner since—I have seen him write many times—this (Produced) is a letter I have received from him—I have never been paid on these promissory notes.
Cross-examined. Yuu gave me a receipt for the £200 on January 16th—I could not read it all; I could not understand it—I do not know French sufficiently—the words "On Loan" were not on it then—the receipt was written in my presence—I did not ask you to put "On Loan" on it—I have not asked for my money back—you offered to pay £10 a month, but you have not done so—the money was an advance—I asked for a receipt, because the money was not due for a month, and you might have disputed that you bad had it—I wrote to your brother-in-law about the 22nd, and he told me the notes were all forged—I do rot know that the officials in France are prohibited from answering any questions—you remained in my sister's house till I found you out; it may have been three weeks—I have a letter from Caudrillier, in which he says I ought to arrest you—I did not ask you for the money, because I knew you had not got it—you did not refuse to take bail at Marlborough Street, bail was refused you—I took a warrant out for your arrest the day after you saw my sister on the balcony—I continued to write nice letters to you to facilitate your arrest—I bad to catch you somehow—you asked me to meet you at Ostend—I did not go because I was not a. fool—I prosecuted you for forgery and threats—I heard that your photo had been sent to France to be published in a newspaper—it was certainly a silly thing to do.
Re-examined. I received this letter from Caudrillier. (Read: "Feb ruary 17th, 1899. Marloles-Bains. Dear Sir,—We much regret that you should have advanced Pierre Collette 500fr. The notes which you showed me are complete forgeries, as I have proved to you. We never accept anything of his; you should have had him arrested on your return") I also got this paper from Caudrillier. (Read: "Joseph Cunnington against Pierre Collette.—In reply to your inquiry, I certify most distinctly that none of the promissory notes drawn upon me, which were handed to me for the sum of £40 bear, my signature, and that
M. P. Collette never had any authority from me to append my signature.)—that was drawn up in the presence of a French barrister, and signed by; M. Caudrillier in his presence, and in the presence of Mr. Harris, my solicitor, and myself—on the third occasion when we wont to Marlo-les Bains M. Caudrillier wrote: "It is impossible for me to go to London, so I send you this note."—I saw him sign that, and so did my solicitor.
THOMAS GUERIN . I am an expert in handwriting—1 have been habitually employed by the Treasury and the officers at Scotland Yard for many yeais past—I have compared the letter and envelope from the prisoner (Exhibits, 13 and 13a) with the promissory notes 6, 7, 8, and 10, purporting to be signed by Caudrillier, all the notes—both the bodies of those bills as well as the signatures are all in one handwriting—I have no doubt that the handwriting which has been proved to be the prisoner's is exactly the same as on the four bills—the document which has been proved to "besigned by Caudrillier is nothing like the" Caudrillier" on the four promissory notes—I can give my reasons for my opinion.
Cross-examined. There is a strong resemblance to your own writing in the forged bills.
NORL GRIFFITHS . I am a barrister-at-law; I am not practising now—I live at 30, Montague Street, Russell Square—Mr. Joseph Cunnington is a friend of mine—I was in his office on January 12th, where I saw the prisoner, who produced five promissory notes—they were notfilled up; they were signed by M. Caudrillier—the prisoner asked Mr. Cunnnington to give him £200; Mr. Cunnington asked if the signature was that of his brother in-law; the prisoner said it was—the prisoner then filled in the bills—towards the end of January I went over to France with the prosecutor; we had a photo of the prisoner with us—we went to La Neuville, and saw the prisoner's fatl er, who is a small farmer—we then went and saw the prisoner's sister, Madame Caudrillier, at Mario les-Bains—the prosecutor Produced these five promissory notes to her, and she produced a post-office book containing signatures purporting to be signatures of T. Caudrillier—I compared them with the signatures on the promissory notes—in my opinion they were not in the same writing—I did not go to France again.'
ARTHUR CLARKE (Police Sergeant C). About 3 a.m. on April 18th I received the prisoner into custody at Dover from the Belgian police on extradition process—I told him T was a police-officer, and I read the warrant to him—he said, "It is not a forgery; it was only a loan"—I took him to London, where he was charged—I searched him, and found on him, amongst other things, 25 promissory notes, some partly filled up; some were signed "T. Caudrillier," and some were quite blank—also a certificate purporting to be signed by the Mayor of La Neuville, and a cheque-book with the six blank cheques in it.
Crossexcammed. You had also a gun licence and an hotel bill.
ALFRED HAHRIS . I am a solicitor, of 15, Great Marlborough Street, W., and am the prosecutor's solicitor—I went to France with him about May 5th—that was his third visit—I saw M. Caudrillier—I could not understand him very well; he spoke in French, rather quickly—next day we went to see him with a French barrister, and I saw M. Caudrillier sign his name to this letter (No. 15).
Cross-examined. That is the original letter—it is in my clerk's writing, but the signature is Caudrillier's.
Re-examined. I was told that Madame Caudrillier was employed as post-mistress, and that her husband was employed at a French Board school.
The Prisoner, in his defence, said that the money was a loan, for which he gave a receipt; that the prosecutor never asked for his money back, and that he (the prisoner) was ready to pay the £200, as he had £317 at his disposal; that although Caudrillerir said that the prisoner wrote tlte bills, he did not say that they were forgeries, or that he would not meet them; that Caudrillier had no authority to communicate with England, as he was an assistant at th: post-office; that even a French Magistrate is prohibited from interrogating a postmaster, and how, therefore, could the prcseecutor do so; and that he was only prosecuted for vengeance.
GUILTY .—There were two other indictments against the prisoner, on efor another bill and one for threatening to murder. He had written several letters to Miss Cunnington, threatening to kill her.— Three Years' Penal Servitude.
An order for compensation to the extent of £50 was made.
NEW COURT—Thursday, June 1st, 1899.
Before Mr. Recorder.
MR. POYNTEE Prosecuted.
JOHN BUCKLEY I am a labourer, of 26, Kimber Street, Drury Lane—on Saturday, May 20th, I received my wages, and between. I and 2 o'clock I went to the Grapes public-house. Sardinia Street—the prisoners did not come in, to my knowledge, while I was there, but I went to the urinal at the back of the house, and Leonard followed me, and as I came back Donovan hit me with his firs 3 times and blacked my eyes, and Lyons put his hand in my trousers pocket and took my week's money, all in silver—Waller kicked me and took a piece out of my leg, which bled—I did not go to a doctor, but I am lame now—I drew a knife from my pocket, and stood in self-defence—Lyons tried to catch me round the body, and ran against the knife and cut himself after my money was taken—Waller tried to take the knife out of my hand, and cut to of his fingers—they went into the house and shut the door, and I got over a low wall to escape, and found the police, who took me to the station; and I told the police in the prisoners' presence that they had taken my money—I was perfectly sober; I had only had one glass of beer.
By the COURT. I was paid at 12.30—I had not been in any other public-house—Mr. By water, the builder's clerk, paid me my wages—I was as sober as I am now.
Cross-examined by Donovan. When the police made inquiries I said that it was 26s. 2d.—I paid 10d. for a meat bill before I went into the public-house—I changed a sovereign when I bought the meat—I went into the house about 1.30 or 2 o'clock, and was there about 10 minutes.
WILLIAM LEONARD . I am a costercnonger, of 21, Fullerton Rents—on this Saturday I went into a public-house in Sardinia Street, leaving my barrow of flowers outside—I saw Buckley and the three prisoners at the urinal at the back of the house—nobody was in the urinal till he went in, and they followed him—I said to them, "Don't kill the man"—I was injured, and have been in the infirmary ever since—I was robbed of 1s. 6d. which I had in my pocket, and was left destitute—I saw Donovan punch Buckley, and Lyons knocked my bead through a window—when Buckley was down I saw him draw out his knife to defend his life—I cannot say whether it was open—I saw one man hurt with the knife in his face in the urinal—the three prisoners got round Buckley in the urinal.
Cross-examined by Donovan. You did nothing to me, but you struck Buckley 2 or 3 times on hie eye.
Cross-examined by Waller. I went into the urinal by myself, and Buckley came in 2 or 3 seconds afterwards—you unmercifully knocked me down.
ALFRED ALBERT ASHWELL . I am potman at the Grapes—on this day I was there about 2 o'clock, and saw Buckley for half an hour—I saw Leonard in the suffle in the room, and saw Buckley in a corner with a knife in his hand, and the three prisoners standing overhim—Buckley looked wild, and he had a black eye and a knife in his hand—he said, "You have got my money, and you have got something for it"—Lyons had a cut on his cheek, which was bleeding—they made towards the door, but I pulled one of them into the passage and sent for the police; I then jumped over the wall after Buckley—I saw Lyons punch Leonard and knock his head through the window—he said, "You don't want to knock an old man about," and then Lyons punched him.
Cross-examined. I said that it was about 2 o'clock, but I made a mistake; it was past 4—I saw Buckley there about 2 o'clock.
Cross-examined by Waller. I did not. see you go into the yard; I was in the private bar—I saw no blow struck in the yard.
By the COURT. Buckley had been drinking—he knew what he was about—Leonard was sober, but they had been drinking together.
ALLEN ALEXANDER BRAMSTONE . I am barman at the Grapes, Sardinia Street—on this Saturday, about 4.30, I saw Buckley and Leonard go-through the yard to the urinal—Buckley had come to the house about 1 o'clock, and was in front of the bar all the nfternoon—Leonard was with him—I heard a scuffle, and went ont, and saw the prisoners round Buckley, struggling, and saw a knife in Buckley's hand—somebody said, "Give me that knife"—Buckley was sober—ho had been drinking there 2 or 3 hours, and Leonard had been drinking—I know Donovan by sight, but I never spoke to Lyons or Waller.
J. BUCKLEY (Re-examined). I spent the 1s. 6d. in drink—I paid for several, but I did not drink myself.
428. PATRICK LYONS, LAURENCE DONOVAN , and WILLIAM WALLER were again indicted for assaulting William Lonard, and occasioning him actual bodily harm, to which LYONS PLEADED GUILTY .— To enter into Recognizances. No evidence was offered against DONOVAN and WALLER.— NOT GUILTY .
No evidence was offered.
NOT GUILTY .
430. KATE EMMA ASTWICK ( ), Obtaining 2 orders tor the, payment of 15s. 6d. each, with intent to defraud. The Prisoner stated that she was Guilty upon which the JURY found her GUILTY .— Judgment respited.
MR. GANZ Prosecuted.
THOMAS SULLIVAN I drive a cart for the Westminster Gazette—I was going home on Saturday evening, May 13th, and went into a urinal at the bottom of North Streetthree men came inthe prisoner is one—he and another man stood in the doorway as I was going out and got hold of my mnoneybaga struggle ensued—I was knocked down by a blow behind my ear, and there is a terrible mark on my leg now, and I could scarcely run—I had a cornet case in my hand—I clutched it, but they took my nurse—they ran out, and I followed—they passed the purse between them—I caught hold of the prisoner and said, "Let me have my money, and one of them struck me on my head—they went down Winchester Street, and the prisoner said, "If you follow me up here, you will get some thing"—he jumped over a Guilder's yard wall—I called, "Stop thief! and a bricklayer's mm caught him.
Cross-examined bythe. Prisoner. I went out of the urinal first—you took the purse out of my pocket with your right hand.
HARRY WILLIAMS . I live at 22, North Streetat about 9 p.m. on May 13th I heard cries of "Stop thief!" and I saw the prisoner running—I can across the road and stopped him—he said,—Don t stop me; I have not got it; the others have got it"—I had said nothing about the purse.
Cross-examined. You did not say to me, "Is there anyone running round here? There is a man who has lost his purse."
Prisoner's Defence: I am perfectly innocent.
He then Pleaded Guilty to a conviction of felony at Clerkenwell on April 21st 1897; other convictions were proved against him.— Fifteen Months Hard Labour and 20 lashes with the Cat. The RECORDER ordered Williams £1 reward.
THIRD COURT.—Thursaday, June 1st, 1899.
Before My. Common Serjeant.
MR. ABRAHAMS Prosecutedy and MR. ARTHUR GILL Defended. LIONEL LINDO ALEXANDER. I am a jobber on the Stock Exchange—on April 26th I met the prisoner on the Stock Exchange—he asked me the price of shares of the Anaconda Mining Company—I quoted him a price, 13 5/16 or,£13 6s. 3d. a share—he said, "I will buy 50 shares of you"—the total was.£665 12s. 6d.—I asked him the name, knowing his face—he replied "J. H. Watts"—Mr. Watis is a member of the House and a dealer—the bargain was checked, as usual, by my checking clerk—Mr. Watts denies that he checked it—I next saw the prisoner on May 3rd—he asked me to quote a price of 50 Anacondas, and purchased 50 at 13 1/8—the, contract was for £665 5s.—he reminded me that he had purchased a few days back 50 other shares in the name of J. H. Watts—there was no rise, but a little dividend had to come off the price—the bargain had to be cleared on the night of May 10th—finding no return made to the Clearing House on the morning of the 11th, I instituted inquiries to ascertain who the person was—I failed in that—on May 19th I appeared at the assistant secretary's office, when the prisoner said, "I had better own to all this; I was driven to it by troubles at home," or words to that effect—I took up the shares—his indebtedness is £1,321 17s. 6d., less £12 5s. 8d. dividend on the first shares, £1,309 lis. 10d.—my loss if the shares are realised today is about £167.
Cross-examined. The shares have not since been at a higher price—I hope I may make a profit—I should have delivered the shares to him on the settling day—there is no contract note between brokers and dealers the shares are to bearer—I should hand them over for Mr. Watts' cheque—the Clearing House act in the same way as bankers—the purchaser should apply to the Clearing House for his shares—carrying over was possible; I cannot say what Watts would have done—I had an account, and had dealt with Watts—I entered the transaction, debiting Watts, believing that I dealt with him—this is the book, showing the entries (Produced)—I only know Watts by sight.
Re-examined. I did not inquire whether the prisoner was Watts, or his authorised clerk; I believed him—if he had said he was the authorise clerk I should have booked the bargain, thinking he had authority to transact the business.
GEORGE MORRIS . I am a jobber on the Stock Exchange—I deal in the foreign market—on May 11th the prisoner came to me at the House, and asked me the price of Anaconda shares—I said "12 £ to 1/4"—he said, "I will buy 100 of you"—I said, "Who is it? What is your name?" (expressions on the Stock Exchange)—he said, "William Chambers," and hurried away—there are two members named Chambers, who aredealers—I booked the bargain to William Chambers—I called my name after him, "George Morris"—he said, "Yes"—I tried to check the bargain the following day, but could not find anyone—I have no clerk; I do my own checking—most dealers and jobbers have offices and clerks—I put up a notice in the Stock Exchange to the effect that anyone having a bargain with George Morris for 100 Anacondas on May 11th would oblige by kindly checking immediately—the bargain was never checked—the shares
should have been cleared on the 31st—there was a loss—for 8 days the shares were below the price I had sold them at—I kept them until they were at the same price, and then sold 50—I got out of the old loss and a profit on the other 50—the credit was £1,225.
Cross-examined. I believed he was giving the name of his employer, a member of the House—the prisoner came to me again on May 19th—the shares had gone up—he asked me to book the old bargain to Miller and Llewellyn—I asked him if he was with them, and he said, "Yes"—I asked him if he was authorised by them—he said, "No"—while I was looking for Miller and Llewellyn he was taken upstairs to the secretary's office—I am not prosecuting—I have made a slight profit.
STANLEY ARTHUR CHAPPELL . I am a jobber and member of the House—I met the prisoner at the House on April 24th—he said, "What are Ivanhoes?"—I said, "They are 12 1/16 to 3/16"—he said he wished todeal, and I asked him, "How many?"—he said £200, but he was unable to give over 1/8 for them—I sold him the shares at 12£—I said, "What name?"—he said, "Francis"—I said, "What initial?"—he said either "R. 6." or "A. G."—I booked them, leaving out the initial till I could "fish" it out next day—the indebtedness for the 200 shares was £2,42—I tried to check the bargain the next day, but was unsuccessful—I took up the shares on settling day at a loss of about £175—on the 19th I went, with other members of the House who had suffered, to the seeretary's office—I saw the prisoner there.
ALFRED GREEN . I am a clerk in the secretary's office of the London Stock Exchange—J. H. Watts, A. G. Francis, and R. J. Francis are members—there is a Mr. Chambers—I do not think it is William—the prisoner was not an authorised clerk to deal on the Stock Exchange—he was a clerk of Lionel Llewellyn—on May 19th his certificate was suspended—there are about 4,000 members of the House—each member is entitled to one authorised and two unauthorised clerks.
ARTHUR PENTIN (City Police Inspector). I arrested the prisoner on May 19th—he said, "All I have to say is that I dealt to the amount; I have made nothing by this; of course, I expected the shares to haverisen; instead of that, they fell."
MR. GILL submitted tluit this case was not case of obtaining credit to within the meaning of the 13th Section of the Debtors Act of the securities purchased were to be paid for by cash on delivery on the settlement day (See Reg. v. Peters, 16 Cox, p. 40); secondly, that there was, in fast, no contract between the prosecutors and the prisoner, as the misrepresentation alleged vxis as to the identity of the party to the supposed contract (see Lindsey v. Cundy, L. R. 3, Appeal Cases, p. 465); and further: that if any credit at all was given it was given not to the defendant, but to thepersons named by him, viz, Watts, Francis and Chambers.
MR. ABRAHAMS contended that any credit obtained by false pretences was sufficient to bring this case within the section. The COMMON SERJEANT held that tliere never was any contract between the prosecutors and the defendant, and that on the case for the prosecution the credit was given to the persons named by the defendant, and not to him, and thereupon directed a verdict of acquittal.
NOT GUILTY .
MESSRS. C. MATHEWS and BODKIN Prosecuted, and MESSRS. C. F. GILL and L. REED appeared for Rossner, and MR. DRUMMOND for De Metz.
During the progress of the case the prisoners withdraw their pleas, and stated in the hearing of the JURY they were Guilty, whereupon the JURY found them
GUILTY .— Judgment respited.
OLD COURT.—,Friday, June 2nd, 1899.
Before Mr. Common Serjeant.
During the progress of the case the Prisoner stated that he was Guilty of unlawfully wounding, and the JURY returned that verdict .— Five Days’ Imprisonment.
Before Mr. Common Serjeant.
MR. METCALFE Prosecuted, and MR. SANDS Defended.
ROBERT FRISBY (378 K). I was stationed at Canning Town—on May 13th I was detailed for special duty inside the Royal Albert Music Hall, Canning Town—at 11.10 I was sent for to quell a disturbance in the upper circle—the prisoner was there with 3 or 4 other men, and said, "He is only a f-----police constable; who is he?" and struck me on my mouth—we closed, and the prisoner struck me again—we fell, and Johnson, the check-taker, came to my assistance—I got the prisoner to the top of the staircase, when he struck me on my mouth—Johnson had gone for another constable—I got him down the steps into the street at the back of the music hall, when he became very violent and threw himself to the ground, and commenced to stab me on my legs with something—there were 300 or 400 people round, throwing stones—his hand was striking; at my legs all the time—I could see something shining, but could not see what it was—the bottom parts of both legs of my trousers are cut (Produced)—I am still off duty—Constable Collins came up—I said, "Look out! he is stabbing me in the legs"—my legs bled—Collins took the prisoner—I was pulled back into the crowd, and. did not see the prisoner again until I got inside the music hall—I was taken to the station and attended to, and then taken home on an ambulance—the doctor stitched up my wounds—I was able to go to the Court to give evidence six days after.
Cross-examined. When the prisoner struck me I proceeded to put him out—there was a crowd round when I was stabbed; they threw stones
and bricks and anything they could get hold of—two of them got held of the back of my belt, when Collins came up and pulled me back into the crowd—I did not see anything in his hand when I took him—I had bold of his right foot with my right hand as we were on the pavement.
Re-examined. One of the caretakers in the Hall fetched me to the disturbance.
THOMAS COLLINS (439 K T). I was on special duty inside the Hall; near the front door—I was sent for to assist Frisby, and went to the Burnbam Street entrance—I found the prisoner in Frisby's custody on his back on the pavement—Frisby was standing—there was a large crowd, and Frisby said, "Look out! he is stabbing me with a knife"—somebody caught hold of Frisby from behind and threw him on one side—at the same time I received a blow across my arm—the prisoner escaped for a few moments—I did not lose sight of him, and followed him—I had seen his right hand going in this fashion at Frisby's leg—I could not see anything in his hand—he went towaros Barking Boad—I got up with him, drew my truncheon, and struck at his shoulder, but hit him on the head—with Ponsford's assistance, a plainclothes constable, I got him to the station, where he was charged and searched—no knife was found—he made no reply when charged with cutting and wounding—I knew him well, so that if I had lost sight of him, I should have had no difficulty in identifying him.
Cross-examined. I had him well in view—I did not see him throw anything away—there were a goodmany rough characters in the crowd—I have no doubt of the man.
WILLIAM PONSFORD (653 K). I was stationed at Canning Town, and at 11. 15 on May 13th I was in Barking Road, and heard a police whistle—I was out of uniform—I ran into Bumham Street, and saw the prisoner running towards me, followed by Collins—I stopped him, and asked him what he was running for—he said nothing—Collins came up, and said that he had stabbed Frisby—I assisted Collins to take the prisoner to the billiard saloon—we took him out by the back way, to avoid the crowd, and took him to the station—I returned to Burnham Street at 12.30 and found this pair of scissors (Produced).
Cross-examined. There was a crowd about when he was running towards me—he was about 10 yards off when I saw him—I did not see him drop anything.
ALBERT EDWIN JOHNSON . I am check-taker at the Royal Albert Music Hall—I went for a constable at the time of the disturbance by the prisoner—I knew him by his having assaulted me before—Frisby said something to him that I did not hear, and the prisoner struck him on his face—I went to his assistance., and the prisoner struck him another blow on his face, knocking his head against the wall—Frisby told me to go down for Collins—I went, and saw nothing more.
Cross-examined. I saw nothing in the prisoner's hand when he sturck Frisby.
WILLIAM EWART GIBBS, M.B . I am a registered medical practitioner, and assistant to the Divisional Surgeon, Dr. Candy—at 12.15 a.m. on May 14th I was called on Canning Town Station, and found Frisby suffering
from an incised wound, about 2 1/2 in. long, on the inner side of his left leg, and a punctured wound on his right leg, about 3/4 in. deep—he had lost blood—I put three stitches in the wound on the left leg—these scissors, I think, would produce both wounds—Frisby was somewhat collapsed, and by my orders he was relieved from service—the wounds have not yet healed, and he is unable to walk properly—from the nature of the wounds, I think the prisoner was on his back, and when the constable felt the stab in his left leg he would naturally withdraw it, and his right leg would come forward—the wounds are not dangerous now; they are practically healed—the collapse, I should say, was due to the wounds.
GUILTY .—Three convictions were proved against him.— Three Years' Penal Servitude.
MR. LYNE Prosecuted.
CHARLOTTE DAVIES . I am the wife of William Davies, a cooper, of 316, Queen's Road, Upton—on May 16th, at 4 p.m., I was in the Queen's Hotel, Upton Park—I saw the prisoner there—I gave him half a pint of been—he said he would see me home, as I was queer—he helped me home, and my lodger said to him, "Will you kindly help the lady inside?" which he did—my husband's gold Albert was on the table—the prisoner went out, and I missed the chain—I had shown it to him, but I did not know that he had it—this is it (Produced).
Cross-examined by the Prisoner. I did not treat five or six men in the public-house—I did not go and sit down by you and say, "My old man. Jack Davies, has been knocking me about, and I will not live with him"—I did not say that I had no money, and ask you to pawn a chain for the—you did not say that you would try to do so.
WILLIAM DAVIES . I am a cooper, of 316, Queen's Road, Upton—on May 16th I came home about 7.40, and missed my chain—I had left it upstairs in the bedroom in a little box on the dressing table—I did not leave it on the table in the front parlour—it cost me £7 10s.—my wife told me that she took it downstairs—she has some drink occasionally—she did not break out just before this, to my knowledge—I never knew her to go to the Queen's Hotel—it is only six doors from our house—I have not had any words with her—I know I pushed her when I missed the chain—I thought she might have pawned it if she had been drinking—she pledged a coat once, and other things.
GEORGE ROGERS . I am a pawnbroker, of 391, Queen's Road, Upton Park—on May 16th, about 7.45, the prisoner came in with some article of jewellery—I do not know if it was a chain—it was too late then; I finish business at 7 o'clock—I had seen this chain about three weeks before in the owner's possession—he asked me to value it.
GEORGE GREY (Detective Officer). On May 18th I went to 142, Green Street, and saw the prisoner—I told him I was a detective, and should arrest him for stealing a chain on the night of the 16th—he said, "There is no stealing about it; she gave it to me; I have got it upstairs"—I asked him to give it to me—he said, "It fell out of the woman's pocket, and I thought, I might as well have it as anybody else"—I took him to the station.
Cross-examined. You said, "Not stealing, it was given to me by a woman to pawn."
By the COURT. I did not take a note of the conversation.
The Prisioner's statement before the Magistrate: "This woman said, 'We will pawn this, and have a booze, and go off together, and leave my bloks here. You will take it and pawn it.' She gave it to me. I asked a pawnbroker 10s. for it, and he said, 'It is not worth 5s.' I do no know the number where the women lives."
The Prisioner, in his defence, stated that he was in the Queen's Head when the women came in, and gave him and his friends a drink, and asked him to pawn the chain, and than asked him to go away with her: that he tried to pawn the chain, but the shop was closed; that the returned to the women and took her home, and she gave him the chain to have a booze.
NOT GUILTY .
MR. OVEREND Prossecuted
JULIA McCARTHY . I live at 2, Old Road, West Ham Lane—on Saturday, May 6th, I was doing the steps—I saw the prisoner in the stable belonging to Mr. Walpole, standing in the corner—the door was open—I went and told the manager in the shop.
EDWIN TOBITT . I live at 63, West Ham Lane—I am manager there to Mr. Alfred Walpole, an oilman and grocer—on May 6th the last witness came and spoke to me, and I went through the back yard—I saw the prisoner—he had a truck with nine gallons of turpentine and two gallons of colza oil on it—before, I had seen hime pulling the stable door open—the stable is used as a store—I asked him what he was doing—he said that a man had come along and said, "Do you want to earn 1s?"—that he said, "Yes," and the man had said, "Take them to 44, Romford Road, to the Pigeons," and that the man had gone round to the shep to pay for the things, but no man came and paid—before this the door of the stable was fastened with two trussels and a bolt—after the prisoner had been taken to the station I examined the stable-door, and found the bolt broken and the trussels kicked away—the prisioner is a stranger to me—the truck is kept inside.
Cross-examined by the Prisoner. It is possible for a man with only one hand to lift this drum of oil—I have done it myself—I saw you pulling the truck, and shut the door.
FRANK GOBLE (498 K) On May 6th I was called to 63, West Ham Lane, and saw the prisoner detained by Tobitt, who gave him in charge—I took him to the station—on the way he said "I was coming dowm The road, and I met a man I knew; he said to me, 'Will you take some stuff to the Pigeons; I will give you a bob '; I said, 'All right, and I thought I was going to earn 1s.
hanging—there were marks of a jemmy—I saw the prisoner; he was sober.
The Prisonery in his defence, said that he was a messenger at the Town Hall; that he met an old shipmate named Jaques, who went with him to the stable, and put the casks of oil on the truck; but he could not find the man; that the stable-door must have been broken open by someone else in the afternoon.
CHARLES BUDGE (Re-examined). The prisoner was engaged as messenger at the Town Hall, and had a good character—I believe the door rolls on wheels, and is secured inside with bolts—it had been forced, and the bolt broken—there were marks of a jemmy.
GUILTY .— Three Months' Hard Labour.
438. WILLIAM CARRICK (26) PLEADED GUILTY to stealing an overcoat and other articles, the property of Arthur J. Keys and another, Three previous convictions were proved against him.— Twelve Months' Hard Labour. And
MR. ABRAMS Prosecuted,
THOMAS PHILLIPS . I am a physician, of 592, Commercial Road—about 1.30 pm. on May 19th I was coming out of my house, when Edwards came up, glanced at me, made a grab at my watch, and said, "Give it up quietly"—I was surrounded by a gang, gripped round my neck, and felt knees or toes in my back—I fell, was kicked and jumped upon, and then I lost consciousness—I lost my watch, chain, and pocket-book, value £8—I do not clearly recognise the prisoners—I identified Smith and Desmond at the second hearing at the Police-court—I was taken to some neighbours, atid then in a cab to the station—I am injured internally, and the whole of my left side is affected—I have been in bed almost ever since.
Cross-examined by Smith. I was not asked at the Police-court whether I recognised you.
RICHARD BATTLE . I am a blacksmith's apprentice, of Poplar—on May 19th I heard a scuffle in York Road at about 1.35 p.m.—I saw Edwards, Windward, and Desmond—Edwards had his hand across the prosecutor's shoulders and his knees in his back; Windward searched his pockets and Desmond moved out of the way—I saw a watch in the hands of one of them; I cannot say which—they ran away—the prosecutor was on the ground—there were five there—I ran after them, and never lost sight ol them till I called a constable and pointed them out—I would not swear to Smith—Windward ran down White Horse Street, and I ran after him—he threatened to shoot me—a constable came, and he was caught in a house—the others were not caught then—Desmond was caught last Thursday, I think—I identified him.
Corss-examined by Wondward. I saw you search the prosecutor's pocket—I cannot swear in whose hand I saw the watch—I know you were there.
Cross-examined by Desmond. You rand down white Horse Street, and when I called the constable you ran into commerical Road with other three—I said I saw a man with ginger hair standing by Dr. Phillips, and two others who work in my shop can prove it—you were in a motley coloured coat.
FREDRICK STEVENS (Police Inspector, H). At about 4.30 on May 20th I saw Desmond at the Commercial Street Police-station—I told him he would be charged with being concerned, with otheres in custody, in assaulting and robbing a gentleman in Commercial Road on Friday last—he said, "All right"—he was identified by one constable and Battle—when the charge was read over to him he said, "I know nothing about it, I can prove where I was all that day; I was in bed; My landlady and a young woman named Maud Simmons can prove where I was"—I was at Arbour Street Police-Station when Windward was brought in—while being searched this piece of paper fell from his pocket; it was Desmon's address—he was asked what it referred to, and he denied all knowledge of it—I spoke to Detectives Bevers and Tyson, and Desmont was detained—I was at Worship Street Police-court on May 25th at about 4 O'clock; Smith was there, amongst 7 others, and he was identified by Police-constable Bryant—he made no reply—he was wearing a P. and O. cap.
Cross-examined by Smith. Three witnesses cam to identify you; they had difficulty in recognising you—I was standing about a yard from you—the constable touched you—you were not the only man with a P. and O. cap.
By the COURT The Constable said, "This is the man"
BENJAMIN LESSON (282 H). On May 19th, about 12) O'clock, I was in Leman Street, Whitechapel—I saw the prisoners with another man—I had seen them before—I cannot say toegther—on May 26th I picked out Desmond, and on May 27th I picked out Smith at the back of the Thames Police-station—that is about a quarter of an hour's walk from Dr. Phillips'.
Cross-examined by Windward. I did not follow you in Leman Street—I watched you all out of sight.
Cross-examined by Desmand. I saw you with the others.
Cross-examined by Smith. I knew you quite well when I identified you by seein you in the niehgbourhood—I have known you some years.
THOMAS NORRIS (313 H) At about 12.30 on May 19th I saw the prisoners in High Street, Whitechapel, with another man—I had seen three of them before, but not Smith—I identified Desmond on May 26th amongst others, and on the 27th I picked out smithe about a mile from Dr. Phillips'.
JOSEPH ABERLY (459 H). At 1.40 on May 19th, in consequence of information, I went with Battle to White Horse Street, where I saw five men, including Edwards, Windward, and Desmond—I arrested Edwards, the others ran away—Windward left when I spoke to Constable Bryant, who followed him—I took Edward back to Commercial Road, and saw
Dr. Phillips—it was about 400 yards from his house, and they were coming from that direction—the doctor said, "That is one of the men"—on the way to the station Edwards said, *' What have you got me for, governor?"—I said, "I will tell you presently"—he said, "What have you got me for? I have got nothing"—I identified Desmond amongst others—I am positive he is one of the five.
Cross-examined by Edwards. You did not say, "I have done nothing," but "I have got nothing."
Cross-examined by Windward. I did not see any sign of drunkenness in you.
Cross-examined by Desmond. When you were brought in a cab to the Commercial Road Station the inspector did not say, "Can you see him?" nor did I say that I could not—I have no doubt as to you.
ELIAS BRYANT (122 H). At 1.45 on May 19th I was in Rose Lane, Whitechapel, and saw Aberley chasing Windward and Smith—I took up the chase, and took Windward—he said. "I have done nothing; I saw a fight, and went up to part them"—on May 27th I picked Smith out from 7 others at Worship Street—when I first saw Smith he had on a hard hat—at Worship Street he was wearing a P. and O. cap—I have no doubt of the man—I had not known him before.
Cross-examined by Windward. I first saw you in White Horse Street—I followed you 500 or 600 yards—you were not doing anything; you were sober—I did not say to you the next morning, "Windward, you were very drunk yesterday; you could hardly walk."
By the COURT. He ran like a sober man, and jumped over a boarded fence, and I followed him.
JOHN MARSHALL, L.R.C.S . I saw Dr. Phillips about 2.15 p.m. on May 19th, at the Arbour Square Police-station—he was suffering very severely from nervous shock—he had a grazed wound, or an abrasion of the scalp on the left side, as if he had come in contact with some hard substance; say the pavement—he complained greatly of pain under his left shoulder-blade—I got him to bed, examined him, and found that great pain was elicited on pressure by the finger—he was suffering greatly, and my opinion was that he had been bruised violently at that particular part—kicking would do it—there were no external marks of violence—it seemed more like crushing or squeezing—there were pains generally throughout his left leg—I saw him again in the evening, and found him suffering from the same symptoms very acutely—he is suffering from internal injury at the lower part of his left lung—I could not ascertain that by sounding—he was suffering from bronchitis, but the pains he suffers now are due to inflammation of the pleura, the result of squeezing—he is very weak, and not likely to get well for a considerable time.
The Prisoners' statements before the Magistrate: Windward says: "I am innocent." Desmond says: "I can call witnesses to prove that I was in bed from Thursday night till Friday afternoon. I had some word with my wife and I was at home until 2 o'clock." Smith says: "I am innocent; I wish to call warder to prove that the constable saw me outside the Court."
Edwards, in his defence, said that a man there had a hat like his, and the constable caught hold of him, and thongh he had been pnnished before, he was innocent of this charge.
Witness for Windward.
EMMA OSBORNE . I and my friend were in Whitechapel, and met Windward and another young man last Tuesday week—he said, "It's a long time since I saw you"—she said, "Yes; why don't you come round and see us?"—he said, "I don't know where you live," and she gave him the address of Desmond, my brother.
Cross-examined. He does not live at that place—I have never seen my brother with Windward.
Desmond, in his defence said that he was in bed all day, as he had had no work for a long while,
MARGARET BARRMT . Desmond said to me on Friday that he did not know what to do with his wife—he was looked up the same day—he said she was a bad woman, and ruined him—it was about 12 o'oloidc—he had his shirt and trousers on—I live about a quarter of an hoar from Commercial Road—we have a clock in our house—I guessed the time—I think it was about 11.30.
MRS. DESMOND. I am Desmond's mother—he came to me between 5 and 6 p.m. on this Friday for 1d., which I gave him.
Smith, in his defences said that he never saw Windward and Desmond, before he saw them in Court.
Evidence for Smith.
By the COURT. I was present at the identification by the officer—he was placed amongst half-a-dozen men—he was not handcuffed at that time—they are all handcuffed when going in a cab—he was kept waiting 4 or 5 minutes.
WILLIAM W. REYNOLDS . I am assistant warder at Holloway—when Smith was taken out of the cab he was kept standing 4 or 5 minutes, as the gaoler was busy inside with other prisoners—we took the handcuffs off when Smith went outside—we had orders to take him there from Holloway.
By the COURT. The constables had not an opportunity of seeing him beforehand.
FREDERICK LANE (Policeman.) I took Smith for being concerned with another man in stealing a watch in Whitechapel Road at 8.15 on Saturday, May 20th, for which he now stands committed at the North London Sessions, and he was then identified, at the Thames Police-court, in connection with the robbery on the 19th.
Evidence in Reply.
JANE BARRATT . I am a shoemaker, of 5, Richardson Street, Mile End Old Town—Desmond lived there—I was sitting in my workroom on Friday, May 19th—it is the ground-floor, and faces the passage—I kept the door open, and I could see anyone passing through—Desmond and his wife quarrelled that day, and he chased her downstairs—she ran out mto the street, and he went upstairs and finished dressing, and about
noon he went out—he returned about 7 p.m—he could not have returned before without my seeing him—I am certain I saw him go out.
GUILTY .—They then Pleaded Guilty to previous convictions: Edwards at Birmingham on July 1st, 1898, in the name of George Wills. Wind-ward at Guildhall on February 16th, 1899; Desmond at Worship Street on October 23m, 1897; and Smith at this Court on October 218t, 1895; and other convictions were proved against them.
EDWARDS— Five Years' Penal Servitude and Twelve lashes. WINDWARD, SMITH and DESMOND— Five Years'Penal Servitude each.
Battle was awarded £2 in addition to his expenses.
Before Mr. Justice Grantham.
MR. PROBYN Prosecuted.
CHARLES DOLMAN (Police Sergeant. Y). On May 23rd I went to 23, Henry Road, Tottenham, and saw the prisoner—I told him I was a police-officer, and should take him into custody for causing the death of a man named Kendrick by striking him behind the head with his fist—he said, "I do not know anything about it; I know that I was in Fonthill Road, and that I had a row with a man; I do not know who he was. A man named Long Jack said, 'Come along; they will kill you'; he took me down the road and put me on the tram, and I went home; I was drank."
JOHN STAPLETON . I am a labourer, of 19, Good win Street, Holloway—I was in the Fonthill Tavern on May 23rd—the deceised came in and touched the prisoner on the shoulder, and said, "It is you and me"—the prisoner said, "What do you mean?" and the deceased said, "Come outside; it is you and me"—the deceased was a little the worse for drink'—he was not drunk—the prisoner was a bit the worse for drink—they both went outside, and took off their coats—I did not see them fight—there was no fighting—I persuaded them to put their coats on again—no blow was struck thpn—I then saw the prisoner hit the deceased behind his neck; I do not know what it was for—I was close against him—I cannot say if the deceased knew that he was going to be struck—he did not defend himself—he was putting his jacket on—after the blow the prisoner went off with another man about 60 yards down the road—as far as I could see, the deceased was not hurt—he did not fall down or stagger—I went down with the prisoner, and took him to the tram to get him out of the way; then I went back to the others—I told the prisoner that he had better get into the tram, as the deceased's friends would kill him—when I got back to the public-house I saw the deceased in a comer—I tried to rouse him, but he appeared to be asleep—he never made any answer to me.
Cross-examined by the Prisoner. You came and spoke to me and my wife.
By the COURT. I have known the prisoner some years—he is not a fightingman.
JOHN CAUKER . I am a coal-porter—I was in the Fonthill public-house on this night, and saw the prisoner and deceased go out together—I followed them out—the prisoner took his coat off, but the deceased put his
coat on the rails—they had a bit of a spangle together, but they were stopped, and they put on their coats—the deceased turned round to go into the public-house, when the prisoner hit him on the back of his neck, and then ran away—the decased ran after him, and then came back again—I went into the public-house—I saw the deceased come in—he was staggering a little bit, and we sat him on a form—he was a bit dazed—we got him a drink of water—he did not recover—he snored for five or ten minutes—a doctor was fetched—he died in the public house—it was about half an hour from the time I saw the blow struck till I saw him in the public-house.
JOSEPH DARLEY . I am a registered medical practitioner—at 9 o'clock on May 23rd T was called to the Fonthill Tavern, where I saw the deceased; he was just dying—I had him taken to the mortnury and on the 24th I made a post-mortem—I found a clot to the base of the train—he died from compression of the brain—the blow was the entire cause of the bleeding—there were no external marks whatever—the man was unhealthy; he was a chronic drunkard—from the condition of his organs, he would be very likely to be susceptible to such an injury—to a man like that a blow of this kind would cause his death.
The Prisoner's statement before the Magistrate: "I have nothing to say; I remember nothing at all about it." NOT GUILTY .
Before Mr. Recorder.
JOSEPH GOBBETT . I am a mat-maker, of 9, Ascot Street, Canning Town—the prisoner had lived in the house with me for some time—at 10.30 p.m. on May 20th I came home from work—I heard a disturbance in the room of a lodger—I went and found the prisoner there, and ordered him out—he struck me a violent blow on my nose, and the blood spurted all over the wall—I had not touched him—he went out and returned with a gang, and said, "Down with this house"—they battered the door off the hinges and the panels right away—the prisoner rushed in, dragged me out, and struck me a violent blow on my jaw, knocked me to the ground, and kicked me—my jaw was broken—I am still under the doctor—it was Dance who fetched the weapons to break open the door, large stones and bars of iron—a poker was picked up in the passage, and another outside by a constable—I was struck with one—it was thrown into the passage, and struck me on my ankle—I have been a father to the prisoner, and sheltered him and fed him—I rent the house.
Cross-examined by the Prisoner. I found you in my lodger's room—I did not say to you, "What the hell are you doing here?"—I did not push you out and challenge you to fight—the lodger complained to me, and asked lue to tell you to go.
By the COURT. My wife was there, and threw herself across me to protect me.
ELLEN GOBBETT . I am the wife of the last witness—I heard him go into Mrs. Street's room, the lodger, and tell the prisoner to go out of his place, and the prisoner punched him on. the nose over my shoulder as I was going in—we got him out of the house, and shut the door—he came
back with a lot of people, and burst the door in by throwing a lot of things—I said, "Dennis, you ought not to do this for the good I have done you"—he had a large stone in the passage, and said, "Take that!"—it confused me so that I ran to the back—I went back afterwards, and saw the prisoner thrust my husband to the ground again—I said, "For God's sake, don't," and threw myself across him to save him from kicking him—I said, "For God's sake, don't do that; kick me"—they would have killed him if I had not been there, I am sure—I pushed my husband up the street as well as I could.
Cross-examined. I did not see you kick my husband—I was in the street when you struck him the last time—I was at the back the first time—you certainly broke the door.
JANE BRUCKIN . I am the wife of Jameb Bruckin, of 5, Ascot Street—I saw the prisoner hauling Gobbett out of his house, and he punched him and thrust him to the ground, and kicked him—I saw his wife throw herself on him, or he would have been, perhaps, kicked to pieces.
Cross-examined. It is a lie to say that Gobbett asked you to fight him.
PHILLIP WILLIAMS . I am House Surgeon at Poplar Hospital—Gobbett was brought there at 10.30 a.m. on May 21st, suffering from a compound fracture of the right jaw—there was a large swelling on his left jaw, an abrasion on the right side of his head, and a lacerated wound over the front of his left ankle—there must have been very considerable violence to cause the fracture—it was very probably caused by a man's boot.
By the COURT. It would not be likely to arise from a fall—the wound on his leg might have been caused by a poker—I should say it will be another two months before his jaw is well—I do not think it will leave marks for the rest of his life—the jaw is broken.
CHARLES HUTTON (Detective, K). On May 22nd, at 10 p.m., I went with Police-constable Gray to the Adam and Eve public-house, Tucker Street—I saw the prisoner in the bar, and said, "Maloney, I shall arrest you for assaulting a man and breaking his jaw on Saturday night in Ascot Street"—he said, "It was a fight"—I took him to the station, and he was charged—he made no reply.
Witnesses for the Defence,
CHARLES DANCE . I am a labourer, of 19, Ascot Street, working at the Beckenham Gas Works—on May 20th I was standing at my street-door, 5 doors off Gobbett's—I heard a bit of a squabble, and walked as far as the prosecutor's door—he had a poker in his hand, and was rushing for the prisoner; they closed—I did not see the prisoner smashing in the door—I saw it smashed on Sunday morning—the prisoner asked the prosecutor if he would have a fair fight—the prosecutor went in and came out in a fighting attitude, and they went for it—the prisoner happened to hit the prose cutor on his jaw, and he fell—I suggest that it was the fall that broke his jaw—I have known the prisoner a good many years, but never to be in his company or even to speak to the chap—I am sure the prosecutor had the poker in his hand—I don't know where he got it—there were no atones or pokers thrown—I can't imagine how that poker got into the passage—there was no mob outside Gobbett's door smashing it in—I am positive it was not smashed in when I left—I did not see Mrs.
Gobbett or see her throw herself on her husband to protect him—it never occurred.
Cross-examined. I am not a friend of the prisoner's—I believe hesent for me to give evidence on Sunday night—he knew where I lived—I was not one of the mob that broke open the door—I was at the door—I did not see Mrs. Gobbett—I don't know Mrs. Bruckin—I hardly know my next door neighbours only one blow was given.
MARK CANE . I work for George Hilton—I heard the row and saw the prosecutor rush out with a poker and strike the prisoner on his side with it—the prisoner wrestled with him, and said, "Why don't you fight me fair?"—the prosecutor said, "I will," and he went in,. stripped his coat and waistcoat off, and came out, and the prisoner struck him on the jaw, and he fell a victim to the prisoner—I was examined before the Magistrate; I did not tell him all this; he never asked me—I thought it a fair fight—the prosecutor fell on the kerb; his wife knelt by his. side and helped pick him up, and they went inside—I did not see or hear the doorbrokenin—I heard them shouting whea Gobbetcsaid, "Comeon I'll fight you"—I took no notice of the door; I was not one of those who battered the door in—I never saw any stones there—I have not worked at Hilton's lately; I had been working for him about three days—I used to go about with an organ in Canning Town about 6 years ago—Mrs. Gobbett knelt by her husband as he was hurt—I did not hear her say, "Don't kick him; kick me"—there was not a crowd of roughs round him.
The Prisoner, in his defence, said that they had a fair fight and both struck some blows, and the prosecutor got the worst of it.
GUILTY .— Twelve Months' Hard Labour.
MR. METCALFE Prosecuted,
JEREMIAH SULLIVAN . I am a sailor and live at 10, Vincent Street., Canning Town—on May 6th, at 1.40 p.m., I was standing outside my door, and saw the prisoner standing at the corner of the street, looking in my direction—I do not know him—he walktsd towards me and struck me here and ran away—I knew I was stabbed the moment he did it—my daughter ran after him, and my wife took me to the station; I was attended by Dr. Gibbs, and am still under treatment—I do not know of any grievance he had against me—he said nothing.
MARY JANE CUSICK . I am a daughter of the last witness, and the wife of Patrick Cusick, a boiler-maker, of Canning Town—on May 6th I was standing next door, and saw my father at the door of his house, and the prisoner, whom I did not know before, with a knife in his hand—he deliberately walked up to my father and stabbed him with a back-handed' blow, and wiped the knife on his hand and ran away—I ran after him and saw the constable take him, with the knife in his hand—a workman had to bite it out of his hand—no words passed between my father and the prisoner.
prisoner with a knife in bis hand—he walked to the comer of the street and struck Mr. Sullivan and ran—I did not know him.
BALDWIN LAURENCE (730 K). I am stationed at Plaistow—on May 16th I was called to Barking Road, and saw the prisoner with a knife clenched in his hand—I had to knock his hand to get it away—there was a little blood on it, but I saw none on his hand—they were holding him by his arms when I came up—I said that I should charge him; he made no answer—he had been drinking, but was not drunk—he was charged at the station and made no answer.
WILLIAM EWART GIBBS . I am assistant to Dr. Kennedy, the divisional surgeon—I saw Sullivan on May 16th; he had a wound on his chest, extending to the bone; it went through his coat, waistcoat and flannel vest—this knife would do it—he was not drunk, but he had been drinking—great violence must have been used—his ribs saved him, or it would have gone into his heart.
WILLIAM LEONARD (Detective Sergeant). I am stationed at Canning Town—I was present when Sullivan was brought in and took possession of his clothing—he made no answer when he was charged—he was perfectly sober, but his eyes had a glassy appearance, as if he was recovering.
Evidence for the Defence.
ELIZABETH WILKINSON . I am the prisoner's mother—he lives with me: he is very troublesome—he never drinks—a doctor gave this certificate about him. (This stated that the writer believed the prisoner to be of unsound mind.) I have lost the run of him for the last two years—he has been 18 years a member of an abstinence society.
DR. SCOTT. I am the doctor at Holloway Goal, and have had the prisoner under observation—he is a man of week mind, liable to be affected by alcohol, but when not under the influence of drink he is capable of knowing right from wrong—he told me that he had been drinking with some friends when he did this, and a crowd came round him in the street, and that the prosecutor must have fallen against the knife.
GUILTY .— Ten Months' Hard Labour.
The RECORDER directed that the prisoner should be kept under close observation in prison.
Before Mr. Justice Grantham
Two Days' Imprisonment.
Before Mr. Common Sergeant.
MR. PARTRIDGE Prosecuted.
HELENA MITCHELL . I am the wife of Edward Mitchell, a tobacconist, of Shadwell—on August 12th, 1898, I served the prisoner with a half-ounce of tobacco—he put down a 5s. piece—I asked if he had not any other money—he said, "No"—I found it was bad, and gave him in
custody—he was remanded and discharged—this is the coin (Produced)—the prisoner is the same man.
GEORGE DIMOND (Policeman). The prisoner was given into my custody last August for passing a bad 5s. piece—he said that he got it in his work—he was remanded, and as nothing else was known against him he was discharged.
EMILY PENFOLD . My husband is a tobacconist, of Peckham—on May 10th, between 8 and 9 o'clock, I served the prisoner with shalf-ounce of tobacco, price 2d.—he threw down a half-crown—I did not think it. was good, and my husband bent it—I said, "This is bad, if you know where you took it, you had better take it back, "and gave it back to him—he bought a screw of tobacco, and paid with a penny—I told Mr. Dibdin, and it got round to the police—I identified him from 7 or 8 others—Hatcham is more than a mile from Peckham.
MINNIE CLABKE . I live with my mother at 36, Canterbury Road, Hatcham—on May 10th the prisoner came into the shop for some lemonade, and gave me this half-crown (Produced)—I took it to my mother, who gave me 2s. 5d. change, which I gave to the prisoner—I saw my mother gvie it to a policeman—I picked the prisoner out of a lot of others on May 18th at the station.
Cross-examined by the Prisoner. My mother laid it on the table; she did not mix it with any other money—we found next morning that it was bad.
ARTHUR BRIDGER . I am a grocer, of 2, Pinball Street, Camberwell—I know Canterbury Road there; it is three-quarters of a mile from Asylum Road, Peckham, and a few minutes' walk from me—on May 10th, about 9.1.5, I served the prisoner with a half-ounce of tobacco—he gave me a bad half-crown—I walked round the counter and shut him in. because he passed a bad 5s.piece on me about 4 months ago, and I recognised him as soon as he came into the shop—I told him of his previous visit—he said, "I think you are mistaken"—I gave him in custody—this is my tobacco (Produced).
Cross-examined. I did not say that if it was not you it was somebody like you, and that I was not sure it was you—I took two shillings and a 6d., out of the till and weighed them against your half-crown.
FRANCIS BAKER (471 R). I was called to Mr. Bridger's shop on May 10th and found the prisoner detained—Mr. Bridger said he recognised him as coming 4 or 5 months ago and passing a bad 5s.piece—I searched him, and found this half-ounce of tobacco and 1 1/2 d., but no other tobacco—this was close to Canterbury Road Station—there were two other men outside—I charged him at the station—he said he did not know that the half-crown was bad—I asked him where he was going; he said, "To Deptford," but that was quite out of his way.
Cross-examined. You did not say that you were coming from Deptford.
The Prisoner, in his defence, said that having been in custody for passing a bad coin in August and discharged with a caution, it was not likely that he
should utter knowingly a bad half-crown at the same shop; that he did not purchase any lemonade, and did not leave Deptford till 9 o'clock.
GUILTY .—He was stated to be a companion of John Wilson, who had pleaded guilty (Seepage 567).— Twelve Months' Hard Labour.
Before Mr. Common Serjeant.
The prisoners received good moral characters.
NOT GUILTY .—The JURY added that tlie officers should he more cautious in bringing these serious charges against persons.
MESSRS. AVORY and BIRON Prosecuted, and MR. WARDE Defended.
ARTHUR FREDERICK GLADWELL . I am chief clerk to White and Sons, mineral water manufacturers—their head office is at Camberwell—I see to the engagement of travellers—the prisoner was reengaged on January 17th, 1898, on the terms of this paper; it is signed by him: "The traveller shall perform his duties in such districts as the company shall from time to time direct, and shall every day faithfully and honestly account to the company for all goods entrusted to him for sale, and pay to the company all moneys received by him on the company's account * * * If he neglect or fails in any of the matters mentioned in this clause, he is liable to be dismissed without notice"—we have nearly 600 travellers—it is the custom for them to get cash for the goods they supply—if the cash is not forthcoming he may leave it over till the following Saturday, giving the name and address of the customer in what is called the "Shorts book"—if the money out is not got in on Saturday, he makes out a ticket called a "Left ticket"—we have a few ledger accounts for clubs, and so on—this is the form of left ticket: " Note.—Travellers must pay in every evening all cash received by them for goods sold, and no goods must be sold on credit except to customers having a ledger account with the company"—unless the traveller accoonts by Monday morning in the next week by paying the actual money, or showing where the money is out, on a paper like this, he is not allowed to take the van out.
Cross-examined. The prisoner's wages were 16s. a week and commission—I find his average since last October is £2 168. 8d. a week—he had been in our employ about 9 years—some of the travellers receive for us £60 or £70 a week, according to the weather—it is their duty to pay in the whole sum they have received during the day; supposing there were a few shillings short, they would have to pay that on the Monday—those cases are very rareif a traveller makes bad debts, it is within the discretion of the company whether they make him pay—we deal largely with clubs and hotels and have ledger accounts with them.
Re-examined. If we had known on April 24th that the prisoner had received £2 78. 8d., and only paid in 13s. 2d., we should not have accepted it—if he gives credit to those not having ledger accounts, he does it at his own risk—we do a very large business with small people, I suppose, some 70,000 customers, independent of our large trade of clubs and hotels.
AMY LOCKYER . I assist my mother at 26, Edward Street, City Road, in a general shop—we have mineral waters from White's, and have from time to time bought them of the prisoner—on April 22nd we paid him 5g. 8d.—we did not owe him anything else—on the 29th we paid him £1 2s. 8d. in discharge.
Cross-examined. That represents goods supplied during the week, so we had received credit from the prisoner.
SUSAN HARDWICK . I manage a shop for my father at 4, Vincent Street, Old Street, St. Luke's—we get our mineral waters from White's—the prisoner has been in the habit of delivering goods—on April 24th he left goods, value I6s. 3d., which I paid, and he signed the book.
CHARLES HEATH . I am cashier at White and Sons—the prisoner has to account to me after going his rounds—I was on duty on April 24th—he had to account to me for goods value £4 6s. 2d., being the difference of what he took out and what he brought home—he paid me 13s. 2d., and the balance was booked against him as what is known as a short—on the 29th he had an account for £4 17s. 7d. for goods, and there was deducted from that an allowance for empty bottles, so that he had to account for £3 19s. 7d.—he did not pay anything in.
Cross-examined. I know nothing of the settlements on a Monday—I have no book called a van-book; I do not know that he had one—I am not the only cashier—there are travellers attached to each yard.
ARTHUR EDWARD STUTELEY . I am foreman to White and Sons, and on April 29th I went with the prisoner in the van—I was told off by the head foreman to go in the ordinary course to see that everything was all right—I had been with him two previous days—the whole of the goods on Saturday were paid for in cash—he received several accounts for goods sold previously—he received £1 2s. 8d. from Lockyer, and 6s. 2d. from Hersee—I collected 5s. 6d. from House and 10d. from Stone, and gave them to the prisoner—he changed the greater part of his money into gold and wrapped it up in a newspaper, and put it in his waistcoat pocket—he had a satchel with him in which he put the silver and coppers—we got back to the yard about 5 o'clock—I left the prisoner and went to tea—I saw him about half an hour after the van had been unloaded—I asked the prisoner why he had not gone home—he said he was waiting to see Eldridge, the head foreman—I asked him why—he said he had lost his gold—I said, "It is impossible, you cannot have lost it; you know where you put it"—he said, "Yes, in my waistcoat pocket, it has gone;
I missed it in the urinal as I undid my waistcoat; I felt it was gone"—I asked him if he had looked in the van for it—he said he had not, but he had looked for it up and down the yard—he was quite sober.
FREDERICK WALTKR FOX . I live at 2, Sugden Road, Camberwell, and am vanguard, employed by White and Co.—I helped the prisoner on April 29th to unload his van about 5 o'clock—he did not say anything to me about having lost anything—I took the van away to be re-loaded for Monday morning—I next saw the prisoner going away from the direction of the urinal—he had an overcoat on his arm—I was sent to look for him—there was some question about loading the van for Monday—I told him they would not load the van until he came, and he said, "All right; I am coming"—he went with me to where the van was—he said something to me about having lost the money—I am in his employ—he pays me 25s. a week if it is a full week—I am not in White's employ.
Cross-examined. I did not see him throw his great-coat over his arm; I saw him with it in the yard.
RICHARD FRANKLIN . I am a traveller employed by White and Sons, and was working in the same yard as the prisoner on April 29th—I saw him there between 5.80 ancl 6 p.m., waiting in the manager's office as I came out from the office, after paying in—he asked me to take his coat down to the Duke of Edinburgh public-house and leave it there for him—it was lying on some boxes 3 or 4 yards away from him—I took the coat, and on the way felt something hard in the pocket, and when I got to the public-house I took it out, and found it was gold—I did not count it—it was wrapped up in paper—I put it back whero I found it, in the breast pocket—I saw Stuteley there, walking up and down the yard—I saw the prisoner on the following Thursday, and said, " Fred, do you know there was some money in the pocket? I found some money there"—he said, "Oh, that is a rumour"—I said, "I saw it"—he spoke as if he did not know it was there—he had not said anything that evening to me about having lost any gold—between April 29th and the following Thursday his wife came and asked me for his coat, and I went to the Duke of Edinburgh to get it, and took it to her—there was no money in it then.
Cross-examined. It is not unusual to take things to the Duke of Edinburgh—if a man is going in an opposite direction, I have often takes things there, and the man has called for it—the coat was on a stack of bottles in the yard.
WILLIAM SELWOOD . I am a traveller for White and Sons, and work in the same yard as the prisoner—on April 29th I heard he was in trouble, and that there was a coat of his at the Duke of Edinburgh—I looked in the pocket, and found £7 10s. in gold in a piece of paper—I took the money out, because I was answerable for a loan to the prisoner, and I thought I was justified in doing it, to cover the loan I was liable for—on Monday night I saw the prisoner, and told him I had the money, and took it to cover a loan I was answerable for—he made no answer.
Cross-examined. He did not say the £7 10s. belonged to White and Sons—on the following Sunday he came to my house and asked me for the money I found in his coat—he said he wanted to take it back and pay it into the office—I told him I should hold it, and I have it still.
Re-examined. I told the prisoner on the Monday that I had taken the money from the overcoat—he said nothing, and looked a bit amazed.
GEORGE WEBB . I am cashier in charge of White's counting-house at Albany Road factory—on April 22nd the prisoner should have accounted to me for shorts during that week, amounting to £5 7s. 1d.; he gave me £16s. 7d., and a left ticket showing £1 0s. 6d. out on credit—on April 29th he came to my office with Stuteley; he had to account for £15 9s. 1d.—the shorts were £10 9s. and the £1 0s. 6d. from the previous week's left ticket, making £11 9s. 6d., and goods actually sold £3 19s. 7d.—all he gave me was £1 13s. 2d. in silver and copper, which came out of the satchel—he said he had lost his gold, amounting to about £9—this was about 6.30—he said he had put the gold in a piece of newspaper in his waistdoat pocket, and missed it when he went to the w.c.
Cross-examined. He was entitled to his wages when he had settled up—I do not know of the travellers keeping a van book.
A. F. GLADWELL (Re-examined), The prisoner had commission on the goods he sold, besides his 16s. a week—it averaged close on £3—he would have to pay the vanguard 2s. or 2s. 6d. per day when he had him—he drives the van himself when not very busy, and he is allowed 5s. a week towards that expense.
ARTHUR NEIL (Police Sergeant). On Saturday evening; the 29th, in consequence of what I was told, I saw the prisoner at the prosecutors' office—he said, "I have lost all my money except £1 13s. 2d."—I said, "How did you lose it?"—he said, "I wrapped it in a piece of paper and put it in my waistcoat pocket, and when I got home I went to the. w.c. and missed it"—I said, "How much do you allege you have lost?"—he said, "£9 or £9 10s. in gold"—I said, "I understand you have to account for £15 9s. 1d., and that you paid in £1 13s. 2d. which was in your satchel; that leaves a balance of £13 15s. 11d.; how do you account for that money you have lost?"—he said, "I had £2 in gold when I started, and I borrowed £1 in the morning; £6 10s. belonged to the firm"—I said, "That still leaves a balance of £7 5s. 11d."—he said, "There is 8s. 10d. out on credit"—I said, "That still leaves £6 17s. 1d. to account for"—he said, "Yes, I know am short; I sold the goods, and I thought I could pay it in on Monday morning"—I told him he would be charged he made no reply.
Cross-examined. He produced his book, showing that he had torn the leaves out, and said he had collected the money from memory.
GUILTY .—Strongly recommended to mercy on account of his previews character.— Nine Months' Hard Labour.
Before Mr. Recorder.
Before Mr. Justice Grantham,
MESSRS. CHARLES W. MATHEWS and GUY STEPHENSON Protecuted, and
CATHARINE MARGARET MILLS . I am a medicine-bottle wrapper, and live at 69 Cornwall Road, Lambeth—the prisoner is my mother—the deceased, Daniel Moriarty, was my step-father; he lived in the house, so did also my brother James Alfred Mills—Moriarty slept in the back room with mother, and the baby, who is about two years of age—Lucy is about 10; I am 19—Lucy and I slept in the large bed—my brother James slept in a chair bedstead in a corner by the door—Moriarty was a porter at Coyent Garden; not a regular porter—he earned about 5s. a week, at odd jobs; he did not wear a badge—mother earned something by washing, and I did also—this plan correctly represents the room—my mother and Moriarty used to quarrel now and again about the money that he brought home, because he did not give enough to keep house upon—he said he did not earn more—on Saturday, April 22nd, I came home from work about a quarter past three in the afternoon—Moriarty came home about five; he did not bring any money with him—mother had some money in the morning—James Mills was at home when Moriarty came in at five; we were all on friendly terms then—about six the prisoner and I went out shopping; we came back about seven—I then went out again, and came back about a quarter to 11—at that time both Moriarty and James were out; mother was at home drinking ale with Mrs. Pocock in the front room—I do not know who had brought in the ale—mother was then half drunk—I went out and came back about a quarter to 12—mother was then very drunk—she was still with Mrs. Pocock in the front room—James was then in the front room, sitting on the chair bedstead—Moriarty was not there then; he came in shortly after—he was not drunk—he abused mother about drinking, and he used very bad language to her—Mr. Pocock went out as Moriarty came in—we had some supper in the front room, father, Jemmy, and I; mother had gone into the back room to go to bed—she did not have any supper—we had some fish and potatoes from the fish shop—I do not know who brought it in; we had nothing to drinik—after supper Jemmy went to bed in the chair bedstead—Lucy was asleep in my bed, the big bed—Moriarty went to bed in the back room—I went to bed then—there was a lamp on the table in the front room—it was alight when I came in—I think mother had put some oil in it, it was nearly full; that was earlier in the evening; it was generally lit when it got dark—the next thing I heard was mother calling out, and Jim and I got up and went into the back room—I saw mother and father struggling in bed, and he was hitting her about the body with his hand—she had her nightdress on—she got out of bed and partly dressed herself
—father picked up a piece of iron and was going to hit her; it was really part of the bedstead—he did not hit her with it—I drew his hand back and prevented him—James had got out of bed at first but he went back again—there was the little girl there called "Annie"—I took her and put her into my bed—mother went into the front room with me—Moriarty was on the landing—he and mother were having a few words, and he rushed at her; there was a struggle—I tried to part then, and the next thing I saw was flames on Jim's bed—I did not see where my father was; I only saw the flames—that was on the chair bedstead—I did not see the lamp go—I heard a noise and thought it was the lamp, but I did not see it—I saw the flame go across the room—I cannot tell from what part of the room it came—I don't know where Moriarty was then—I tried to put the flame out, but could not—I did not see my brother then or my father—I got hold of the two children and dragged them through the flames.
Cross-examined. Father was not in regular work at this time—he generally got about 5s. or 6s. a week—Jim used to work with a packing-case maker—Moriarty was very frequently intoxicated.; that was one of our troubles; mother very seldom got drunk—when she could get work she would do it—he said he could not earn more than he did—they quarrelled now and again—he used very foul names to her on this night—the lamp was alight when mother went to bed—it had a chimney to it—it stood on a table in the middle of the front room—it was always there—Moriarty was in his bed when he was trying to hit her, and I held bis arm back—he was hitting her, and she was calling out—I did not see anybody take up the lamp from the table—I heard a smash like a lamp breaking, and the next thing I saw was the place on fire—I did not see mother throw the lamp—we had been living in this room for sbout nine months—I think it had been repapered before we went in—I dare say "there were marks on the walls.
Re-examined. The flames were coming from the middle of the chair bed—stead—I contributed 6s. a week to the household, and James 10s. a week.
WALTER RAKE (265 L). I was on duty at 12.50 a.m. on April 23rd, near Cornwall Road, Lambeth, when I saw two men run out of 61 all on fire—they seemed to be in their night-shirts—they both seemed to run out together—I went upstairs to the second floor front room, where I found the bedding on fire, and also the mantel-board it was a chair bedstead—the mantel-board is on the opposite side of the room to the chair bedstead—the prisoner was in the back room dressing herself—I went into the room—she said to me, "I done it; I threw the lamp at hiii"—I made this note(Produced)—when I got to the station I told the prisoner she would be charged, and she said, "I done it"—I took her to the station.—I saw Police-constable Card there—the prisoner was charged with sitting fire to the place, and also with doing grievous harm to Mills and Moriarty—they were in the hospital at that time; I did not know it then—when the charge was being taken the prisotier said, "I am very sorry for what I have done; he aggravated me, and I done it; I did not mean it for my son; I did it for my husband"—when the charge was read over to her she said, "I am sorry; you don't know what he done to me"—Sergeant Jackson and Inspector Conlon were present then.
Cross-examined. When I rushed into the house I did not meet anybody on the stairs—there was nobody in the front room—I extinguished the flames, and then went into the back room—I did not ask the prisoner what she had done—the house is about 20 minutes walk from the Police-station—I made this note in my book while the prisoner was waiting to be charged—Card said one of the men had gone to the hospital, and he was going to take the other—neither Mills nor Moriarty spoke to me—I rushed up to see if any more were being burned.
WILLIAM CARD (154 L). I went to 69, Cornwall Road on the early morning of April 23rd with Rake—I did not see either of the men in flames—I went upstairs; I heard the prisoner say, "I done it; I threw the lamp at him"—the last witness said, "You will be charged with it"—she said, "I done it"—I went downstairs, and saw Moriarty on the bottom floor in the back room—he was naked; he was sitting on a chair—I got a sheet and a blanket, and carried him into a Hansom cab—I could see that he was burned on the back of his body—I did not go to the station with the prisoner—I was there when she was charged.
Cross-examined. I took Moriarty to the hospital—I do not remember telling Rake that one of them had gone to the hospital; I did not talk to him about what had taken place—someone told me that a man was injured, and I went downstairs—I do not think Rake told me; there were several people there—Rake was watching the prisoner dress and charging her—it is a very rough neighbourhood.
Re-examined. I did not say anything about the hospital to anyone.
THOMAS FAHEY (153 L). I went to the second floor front room on April 23rd—the bedding was smouldering, and the room full of smoke—I assisted in stamping out part of the fire on the floor close to the door; under the chair bedstead I picked up the foot of a lamp (Produced)—there were fragments of the reservoir lying close to it.
Cross-examined. When I got upstairs Rake had not started for the station—I went to the front room—the bed-clothing was smouldering.
CHARLES JACKSON (Sergeant, 4 L). I went to this room on April 23rd at 1 a.m.—there were traces of fire in the room—the bottom portion of a lamp was on the table, and other portions on the floor—that was after the visit of the last witness—the pieces were scattered about between the doorway and the table—I went to the hospital and saw Mills and Moriarty—Mills spoke to me, and I returned to the station—the prisoner was there then—I charged her—I made a note of what she said—she said, "I am very sorry for what I have done; he aggravated me, and I done it; I did not mean it for my son, I meant it for my husband"—in reply to the charge she said, "I am sorry; you do not know what he done to me"—I pointed out the lamp as I found it to the man who drew the plans.
Cross-examined. The pieces of the lamp were lying in a scattered line between the table and the door—I took down the prisoner's statement before she went to the cells.
JESSIE POCOCK . I am the wife of William Henry Pocock, and live on the first floor at Cornwall Road, and knew the prisoner as a lodger—about 9 o'clock on April 23rd I went into her room and stayed there till nearly 12 o'clock—we had two pints of ale; Lucy Moriarty got it; she is 10
or 11 years old—we had two pints, got at different times—the prisoner had had some drink before I got there—the ale did not improve her condition—my husband is a carman—when I left I went to my own room—Moriarty came in whilst I was there—he had had some drink—there was no quarrel while I was there—he went out again—then I went to my own room and went to bed—I heard nothing more till I heard the cries of "Fire?".
THOMAS PHILLIPS . I am a linkman at the Gaiety Theatre—about 12.50 on this night I was at the door of 43, Commercial Road, where I lived—I heard a cry for help—I ran round to the house and saw Mills alight—we put out the flames—I put my coat round him and put him into a cab, and took him to the hospital—he had nothing on whatever; he looked as if he had had a shirt on; it was burning—he did not try to take it off—I did not see Moriarty till they brought him to the hosipital.
Cross-examined. It seemed as if Mills came out by himself—there were a lot of people round the doorway—Rake ran round just in front of me—in the cab Mills asked for a drink of water—I did not know any of them before—I do not know who called out.
MATHEW CONLON (Police Inspector), I was in charge of the Lambeth Police-station on the early morning of April 23rd—the prisoner said in my hearing, "I am sorry for what I have done; he aggravated me; I did not mean it for my son; I did it for my husband"—when the charge was read over to her she said, "I am sorry; you don't know what he done to me"—she was very excited, and suffering from the effects of diink—in consequence of the information I received from the police matron I sent for Dr. Roe, the Divisional Surgeon—on May 1st, at Southwark Police-court, I told the prisoner she would be further charged with causing the death of her husband and son—she made no reply.
Cross-examined. I made this note directly after the charge was made; it is a correct statement of what she said—it agrees with Rake and Card.
EMILY BARBER . I am matron at the Kennington Road Police-station—about 1 a.m. on April 23rd the prisoner was brought in—I went to the cells to search her—she put her right hand to her left arm—I asked her what was the matter—she pulled up her sleeve and showed me some bums—she also showed me her throat, where she said her husband had threatened to strangle her, but I could not see any marks—there was no Hood upon her face and hands—I did not examine her body at all.
Cross-examined. I examined her in the cells—they are lighted by gas.
EDWIN ERNEST WILLIAM ROE . I am a registered medical practitioner, of 153, Kennington Park Road, and Divisional Surgeon of Police—about 3.30 I was called to the Kennington Police-station, where I saw the prisoner—she pulled up her sleeve and said her arm was hurt—I asked her how she got burnt—she said by putting out the fire, or something to that etfect—I examined her left fore-arm, and found she had more than one burn on it—I dressed the burns for her—they were of the first and second degree, the first being redness and the second blister—she did not make any other complaint—I considered her to be under the influenoe of drink—she was excitable.
Cross-examined. I did not examine her body to look for bruises.
—Moriarty was suffering from bums on his body and especially on his back—he died on the 25th—Mills was burnt more extensively than Moriarty; he was burnt all over his body—he died the same morning from shock and general depression, which affects the heart.
THOMAS SAMUEL ROSS . I am an inspector of petroleum, employed by the London County Council—I went to 69, Cornwall Road, on April 25th, and in a room on the second floor I examined some traces of fire—I saw a small chair-bedstead, and above it I saw on the wall marks of fire, as from burning oil—about 2 feet from the centre of the bed I found a piece of a broken lamp—on the floor under the bed also a small oil can, containing some oil—I took away a sample—it is petroleum, known as American Tea Rose—the flash point is 78 deg. F.—the legal flash point is 73—I then went to Kennington Road Station, where I saw another portion of a lamp, which I took to be of the same lamp—it is a very common lamp—the reservoir would hold just over a pint if it was full—it would bum for about 14 hours if it was full—very nearly half had been consumed at the time of the accident—the marks on the wall were caused by the burning oil—I did not notice the burnt mantel-board.
Cross-examined. I understood that the lamp had burnt about 6 hours—it would hold a little over a pint, and if it had been burning 6 hours it would have just a little over half a pint in it—if, in a struggle between 2 intoxicated persons and another who was trying to separate them, the lamp had been struck with sufficient force to drive it from the table against the wall, it would have produced the marks—it is a tiny little room.
JOHN WILLIAM BORROWS . I am clerk to Mr. Braxton Hicks, Coroner for the South-Western District of London—on the 26th Mr. Hicks held an inquest on the bodies of Mills and Moriarty—the prisoner was present—she was asked by the Coroner if she would like to give evidence, and she was cautioned that she need not give evidence unless she liked—she elected to do so—I took down in writing the evidence she gave, and she made her mark after it, which I witnessed. (The Prisoner's depositions taken before the Coroner were then put in and read.)
GUILTY.—Strongly recommended to mercy by the JURY, she having had qreat provocation .— Six Months' Hard Labour.
MR. BODKIN and MR. HUMPHREYS Prosecuted.
The Prosecution did not proceed with the charge of murder; she was then charged with unlawfully endeavouring to conceal the birth of the said child.
GUILTY .— Three Days'Imprisonment.
MR. HUTTON Prosecuted.
GUILTY .— Twelve Months' Hard Labour.
ADJUORNED TO MONDAY, JUNE 26TH, 1899.