CENTRAL CRIMINAL COURT
TENTH SESSION, HELD JULY 24TH, 1899.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ., Q.C.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 21th, 1899, and follotving days,
Before the Right Hon. SIR JOHN VOCE MOORE, KNT., LORD MAYOR of the City of London; Hon. Sir EDWARD RIDLBY, Knt., one of the Justices of Her Majesty's High Court; Sir GEORGE F. FAUDEL PHILLIPS, Bart., G.C.I.E., 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., FRANK GREEN , Esq., JOHN POUND , Esq., WILLIAM PURDIE TRELOAR, Esq., THOMAS VEZY STRONG, Esq., THOMAS BOON CROSBY, Esq, M.D., 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. TENTH 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, July 24th 1899.
Before Mr. Recorder.
495. HERBERT FRANK SANSON (43) and GEORGE BALM, otherwise HARRIS (48) , to unlawfully conspiring to obtain 5s. by false pretences from Emily Baily, Sanson to having been convicted on January 11th, 1893.— Eighteen Months' Hard Labour each. [Pleaded guilty: See original trial image.]
496. ALICE BAILEY (32) to feloniously forging and uttering an order for the payment of £9, and stealing 2 blank cheques, the property of Roaco-Brummer.— Discharged on Recognizances. [Pleaded guilty: See original trial image.]
497. EDWARD WILLIAM PLUMSTEAD (23) to stealing a post letter, the property of the Postmaster-General, he being employed under the Post Office,— Ten Months' Hard Labour. [Pleaded guilty: See original trial image.]
499. JOHN ROBERT JONES (23) to forging a notice of withdrawal of 15s. from an account in the Post Office Savings Bank, with intent to defraud.— Discharged on Recognizances. [Pleaded guilty: See original trial image.]
500. ALFRED WEBB (32) and EDWARD EDWARDS (38) to breaking and entering the shop of Joseph Avant, and stealing therein a bracelet, value £6. Judgment Respited. [Pleaded guilty: See original trial image.] And
(501) RICHARD HENRY SIDLEY (32) to burglary in the dwelling-house of James Henry Martin, and stealing therein a purse and the sum of £9 9s. 6d., he having been convicted at this Court on April 25th, 1898, and one other conviction was proved against him.— Three Years' Penal Servitude. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, July 21th, 1899.
Before Mr. Common Serjeant.
503. WILLIAM WATSON (26) to stealing a purse and 26s. 4d. the property of Kate Heaton, from her person, having been convicted at Guildhall on December 21st, 1898. Sixteen convictions were proved against him .— Three Years' Penal Servitude. [Pleaded guilty: See original trial image.] And
MR. WILKINSON Prosecuted.
REUBEN GOLDSTEIN . I am assistant to Mr. Saiman, of New Street, St. Martin's Lane—on June 30th, about 9.30, the prisoner came in—I served him—he gave me this crown-piece—I found it was bad, and broke it with a weight—I said nothing, but he directly took out a half-crown and said, "Now try that"—Mr. Saiman was present—I fetched a constable—he was charged, but said nothing—I then said that he was the same man who came in about six weeks ago with a bad coin for an ounce of shag, price 4d.—I gave him the change and put the coin in the till, and 5 minutes after-wards the governor looked at it and broke it—I had no other half-crown there—the prisoner said that he got the crown on June 30th from a bookmaker.
Cross-examined by the prisoner. I did not say that I thought you were the man who came before; I said that you were the man.
ISAAC SAIMAN . I am a tobacconist, of 28, New Street, St. Martin's Lane—I was in the shop on June 20th when the prisoner came in—I saw the coin broken, and he gave my boy a half-crown, and said, "Now, try that one"—that was a good one—he said that he got the coin from a bookmaker—I said, "What is his name?"—he said, "It is not your business to ask me such a question"—Goldstein mentioned the other coin 8 X weeks before, and the prisoner said nothing.
CHARLES GODDARD (141 C). I was called to the shop, and found the prisoner there—the broken pieces of coin were shown me—I searched the prisoner, and found 1d. on him—he was charged, and said that he got the coin in his trade of selling flowers, but afterwards he said he got it from a bookmaker on Saturday—I asked the bookmaker's name—he said, "That is not your business"—this is the coin—Goldstein said that the prisoner was the same man who passed one six weeks previous—the prisoner said, "Are you sure?"—Goldstein said, "Yes"—the prisoner said no more—Goldstein did not say, "I believe you are the man"—the prisoner was sober, but he had been drinking.
Cross-examined. The divisional surgeon said at Bow Street that you were suffering from the effects of drink—I did not whisper to the boy before he said that you were the man who came the first time.
GEORGE HENDY . I keep a shop at 2, Aylesbury Street, Lambeth—on May 6th the prisoner came in early for four penny eggs, and gave me a 5s. piece—I found it was bad, and asked him if he had any smaller change—he said, "No"—I said, "It is bad"—he said that he got it on a racecourse.
these two crowns are bad—they are of the same date, but from different moulds
The Prisoner, in his statement before the Magistrate and in his defence, said that he got the coin of May 6th on a racecourse, and was discharged, and that he thought the second coin was good.
GUILTY .—Several previous convictions were proved against him.— Nine Months' Hard Labour.
MR. WILKINSON Prosecuted.
GEORGE LAMBERT (Detective Sergeant). I went to Waterloo Road with Knell, Gray, and Baldwin, but we were so conspicuous that we separated—I saw Morris and two men not in custody at 11.30, and sometimes one of us kept them under observation, and sometimes another—they went up Stamford Street to the York Hotel—we first saw Benson at 12.30—I saw all four together—we all followed them to a public-house just over Lambeth Bridge, when the two not in custody went in, and the other two remained outside—the 2 not in custody then went into Regent's Yard—Sergeant Knell and I got hold of Morris—I said, "What have you on you?"—he said, "Nothing"—I put my hand in his left waist-coat pocket and took out a 5s. piece, and Sergeant Knell 22 5s. pieces from his left pocket, folded up in newspaper—I told Morris he would have to go to the station—he said, "All right, the game is up"—I was going to search him, and he said, "You have the lot"—I found nothing—he said that he had no fixed address.
FRANK KNELL (Detective Sergeant). On July 15th, at 10.30 a.m., I saw the prisoners at the corner of the New Cut—I followed them for an hour and a half, with other officers—they were hanging about public-houses—Morris left the others and rejoined them—they went over Lambeth Bridge—we had them under observation 3 hours—I arrested Morris at the corner of Chapel Street, and found 22 coins in his pocket he said, "I will go quiet"—they were both taken to the station, and Bonson said, "You can't lock me up for being with this man; I do not know him"—he made no reply to the charge.
HERBERT GRAY (Detective Officer). I was present when Baldwin arrested Benson, but found no money, only this pocket-knife—he said, "I don't know this man; I know what you want me for"—I had never seen them before 10.30 that day.
GEORGE BALDWIN (Detective Officer). I was watching these men on July 15th—the other two went into half a-dozen public-houses, and the prisoners waited outside in the road; but at one public-house they all four went in together, and at another the prisoners went in and the other two stopped outside.
Cross-examined by Benson. There was another man whom you went up and spoke to; he made five.
EDWARD DARBY (Detective, E). I never wear uniform—on the night of July 13th, shortly after 11 p m., I saw the prisoners in Duke Street, Strand, outside the Old St. Martin's public-house, with three other men; and
the next night I looked in at one bar and saw them go out—I went into the next bar, and they came in after me, and the first man put his shoulder against me—on the next night I went again, and saw the prisoners and the same three men at the same spot—I have known Benson 7 years.
Evidence for Morris's Defence.
Cross-examined by the Prisoner Benson. You met me on Saturday morning, the 15th, at Horseferry Road—four men were with you—you did not know what I had in my possession—I asked you to go and have a drink, but you said "No," and the other man, similar to you, was in your company—I swear that you knew nothing about my affairs.
By MR. WILKINSON. I met him for the first time at the corner of Horseferry Road—I saw the men who gave me the coins at the corner of the York Hotel, about 12.30—they asked me to hold them while they went to Victoria, and the police came and took the coins.
By the COURT. I told Lambert I had got nothing on me, because I did not know what the packet contained—it is not true that I was with them on July 13th and 14th.
Wbenson's Defence: I left home at 4 o'clock, and met 4 men whom I knew. They asked me to drink; I told them I did not drink. The detective came and asked one of them what they had in their possession. The other two men ran down the street, and they took me to the station, and found the coins on this man. I do not know him; I was never in his company. The men wore caps and handkerchiefs. The detective has given a false statement. He did see me one night coming out of Gatti's, but that is all. I spoke to these men at the corner of Horseferry Road, and, unfortunately, I was apprehended with them. If I knew them I should give them in charge.
Five previous convictions were proved against Benson.
GUILTY .— Twelve Months' Hard Labour each.
OLD COURT.—Tuesday, July 25th, 1899.
Before Mr. Recorder.
508. CHARLES HUME (23) to burglary in the dwelling-house of James Koppenhagen, and stealing 3 umbrellas and other articles. Two other convictions were proved against him.— Three Years'Penal Servitude. [Pleaded guilty: See original trial image.]And
(509) ROBERT BROWN (18) and GEORGE NEWSON (18) to breaking and entering the shop of Messrs. Salmon and Gluckstein, and stealing 5 pipes and other articles.— Judgment Respited. [Pleaded guilty: See original trial image.]
MR. PASSMORE Prosecuted.
PATRICK BURNS . I am a labourer, and live at 3, Rose Place, London Street, Stepney—on June 17th I saw the prisoner in London Street with two females—we went into a lot of public houses—the last we went into was in Hanbury Street, Brick Lane—when I was just about to leave I fell a stab in my stomach—I fell down, and did not remember any more till I was at the hospital—I have been an inpatient at the infirmary ever since—I had not had any words with the prisoner—I had not been carrying on with one of the women—one of the women had been rather free with me.
Cross-examined by the prisoner. I did not say before the Magistrate that I had been into a public-house in Spitalfields and been stabbed—I admitted that I did not know who stabbed me—I did not say you were not in the public-house—I was not sober when you first met me—I do not know what public-house we were in—I cannot say if there were other men in the same compartment of the public-house—I was about 25 minutes in the Weavers' Arms—you could have left the public-house without my seeing you.
EDWARD BROWN (398 H). About 3.30 p.m. on June 17th I was in Hanbury Street—I saw the prosecutor standing outside the Weavers' Arms—he was bleeding from a wound in the groin—I took him to the London Hospital—I did not see any fighting.
ROWLAND THORNHILL (Police Sergeant). I went to Chatham on the 23rd, where I found the prisoner detained—I told him I should take him into custody, and take him back, to London, where he would be charged with stabbing Patrick Burns on June 17th—he said, "All right; I admit I did it, but not intentionally; but it was under great provocation. He had a row with me earlier in the day"—on the journey home he said, "We had been all drinking together. I am very sorry I stabbed him; I did not know it had happened till I was told, and I got the tip to clear away"—when charged at the station he said, "It was under great provocation I did it"—the Chatham police handed me a knife in the prisoner's presence—he said, "That is my knife, but it is not the knife it was done with."
Cross-examined. The first words I spoke to you at Chatham were, "Well, Burns, do you know me?"—I said that the best thing you could have done was to give yourself up—I did not have the witnesses up before the Magistrate, because it was not. necessary—it was explained to the Magistrate that it was not necessary.
By the COURT. He knew what he was saying when he said, "I admit it"—he was not under the influence of drink—he had been detained several days.
GEORGE MORELLA . I am a stevedore, and live at 225, High Street, Poplar—I saw the prisoner at about 6 p.m. on June 17th, at 8, Wills Street, Spitalfields—he came into the shop to sell a pair of boots—I was sitting outside the window, which was open, and I heard the conversation between the prisoner and the proprietor of the shop—the prisoner said he had had a row with Burns, that he could not stand him any more, and that he had outed him, and he wanted to know what he had better do—outed meant that he had pretty nearly killed him—I told the prisoner to
go down the river and drop overboard—the proprietor of the shop told him to give himself up—the prisoner sold some small articles at the shop, and then went away.
Cross-examined. You wanted to sell some boots, but the proprietor would not take them—I saw a graze on your face.
HERBERT FRANKLIN . I am the House Surgeon at the London Hospital—on June 17th, between 3 and 4 p.m., the prosecutor was brought in—he had five wounds; one on the abdomen, an incised lacerated wound in the left groin, two punctured wounds in the left of the abdomen, and one in the left calf—some considerable force must have been used—this knife would have caused the wounds—the one in the abdomen was distinctly dangerous—he remained in the hospital till he went to the Police-court; since then I have not seen him—he was dead drunk—he is now out of danger; he was out of danger when he left the hospital.
Cross-examined. The wounds could not have been caused by a blunt instrument.
The Prisoner's Statement before the Magistrate: "It is false evidence. I am not responsible for what I did."
The Prisoner, in his defence, said that there was no one who had seen him stab the prosecutor; that he had had a row with him early in the morning, and that when speaking to the proprietor of the shop that was what he referred to; that at Chatham he had delirium tremens, and was taken to the infirmary and put into a straight jacket; and that a confession was wrung from him by means of hypnotism.
GUILTY .—He then Pleaded Guilty to a conviction at this Court on September 8th, 1896, when he was sentenced to three years' penal servitude, and five other convictions were proved against him .—Five Years' Penal Servitude.
MR. ROOTH Prosecuted, and MR. SANDS Defended.
MR. SANDS submitted that the indictment was bad, and, the RECORDED being of the same opinion, directed a verdict of NOT GUILTY .
NEW COURT.—Tuesday, July 25th, 1899.
Before Mr. Recorder.
513. FRANK LANE (16) to forging and uttering an order for £15, with intent to defraud.— His father undertook to send him to his uncle in Canada.— Judgment respited. [Pleaded guilty: See original trial image.]
517. HARRY ANTROBUS (40) to forging and uttering a receipt for £13 2s. 6d., with intent to defraud; also to obtaining £2 14s. by false pretences; also to forging and uttering a receipt for money; also to obtaining irom Ernest Robert Meakin a typewriting machine by false pretences.— Judgement Respited. [Pleaded guilty: See original trial image.] And
519. JIM MITCHELL (23, negro), Feloniously wounding Owen Galnar, with intent to do him grievous bodily harm.— The prisoner stated that he was guilty of unlawfully wounding, and the JURY found that verdict. — Two Months' Hard Labour.
MICHAEL SILVERSTEIN (Interpreted). I am a tailor, of 30, Booth Street, Spitalfields—on June 30th, about 2 o'clock, I was walking through Spitalfields, and the prisoner caught me by my neck, and took from me a half-sovereign, two half-crowns, and some small coins—I held him till a policeman came.
Cross-examined by the prisoner. I am positively sure you are the man who robbed me.
ALEXANDER RONALDSON (226 E). I saw the prosecutor and prisoner holding one another—2 or 3 other people were there—the prosecutor gave the prisoner into my custody for assault and robbery—he did not mention any particular coin, but at the station he said he had lost a half-sovereign and two half-crowns—I found on the prisoner a half-sovereign, a half-crown, and some smaller money—he was quite sober.
Cross-examined. The prosecutor cannot speak English, but he made signs that he had lost money—one witness said that you asked him for some tobacco—you attempted to get away from me, but you had no-chance.
ISRAEL COHEN . I am a waiter—on the night of June 20th I was in Commercial Street—the prisoner came up and asked me for a pipe of tobacco—I gave him the opportunity of going on, and saw him attack the prosecutor, who called out, "My money! my money!"—I rushed up, and saw the prisoner take his hand from the prosecutor's pocket—he was punching him when I got up.
Cross-examined. I walked slowly, and let you go by me—you held the prosecutor by his throat, and he held you, that you should not get away—the prosecutor said at the station that a man came up and put his hand in his pocket, and gave him a jolly good pat.
The Prisoner's statement before the Magistrate; "I was walking with the man. The money I had in my pocket was entirely my own." He repeated the same statement in his defence.
NOT GUILTY .
OLD COURT.—Wednesday, July 26th, 1899.
Before Mr. Justice Ridley.
522. ALEC MORGUES (18) PLEADED GUILTY to sending a letter to James Lake Hyatt, demanding £10, with menaces, he knowing the contents thereof. Having been convicted at this Court on February 7th, 1898, for blackmail.— Four Years' Penal Servitude.
The GRAND JURY threw out the Bill for murder, and in the course of the trial for manslaughter the JURY stopped the case, and returned a verdict of
NOT GUILTY .
MR. PICKERSGILL Prosecuted, and MR. ELLIOTT Defended.
No evidence was offered.
NOT GUILTY .
(For other Cases tried this day, see Essex and Surrey Cases.)
THIRD COURT.—Wednesday, July 26th, 1899.
Before Mr. Common Serjeant.
525. CAROLINE SMITH PLEADED GUILTY to stealing 56 yards of silk, the property of William Somerford, and to a conviction of felony at Clerkenwell in March, 1896.— Six Months' Imprisonment in the Second Division.
NOT GUILTY .
BULLER PLEADED GUILTY .
MR. C. F. GILL, Q.C., and MR. BEARD Prosecuted, and MR. GEOGHEGAN
ARTHUR BOSWELL . I live at 47, Halliford Street, Hoxton—I am a van-boy employed by Pickford and Co.—on June 5th I became van-boy to Buller—our van left the City Basin loaded for outlying depots at Stoke Newington, Lee, and so on—we did not deliver at private houses—I re-member on a Saturday early in June having a load from the City Basin to the Brixton Depot—we went to the Whitechapel Road—we stopped at A public house, coming out of Whitechapel into Aldgate—Buller took a
big parcel to a turning at the corner of Middlesex Street—before that lie shifted his uniform cap with Pickford's initials on it, and his apron—he returned without the parcel—he was away about 10 minutes—when he returned he put on his uniform cap and apron, and we went to the Brixton Depot—a few days afterwards, on June 15th, I was going to leave—I saw Buller put six parcels and a bale in front of his van—after we left the City Basin another van-boy, Lock, got up in the van—Buller asked him—we stopped at a public-house towards Stratford way—Buller changed his uniform cap and apron, and went into a public-house—then he came out and backed the van to Tewkesbury Court—Buller told me to throw him out 3 parcels, and then he came back for 3 more—the other boy helped me out with a bale—both went down the court—the other boy then pulled the van outside Pickford's Depdt, which is near there—Buller was absent 5 or 10 minutes—Buller came back, and put on his uniform cap and apron—we turned the van and went towards Lee, in an opposite direction—we stopped at a coffee-stall—Buller gave me 3s., and said, "Do not tell anybody"—I had noticed boots sticking out of one parcel.
Cross-examined. I have been at Pickford's three years and ahalf, attached to the City Basin—policemen are on duty at the gates—the carman loads his own van—the parcels are checked at the bank—we called our checker "Jack"—there are 14 or 15 checkers—we get a docket, showing the number of parcels—the van is booked out at the office—Lock had been out of Pickford's service about 6 months—it took us about 20 minutes to reach Tewkesbury Court—I saw Lock standing outside the yard at the City Basin—Buller said, "Will you come and have a ride, Jack?"—the time was 10.30 p.m.—I was on the tailboard of the van, with a single horse; Buller was on the box; Lock rode in front, inside—I only knew Buller was not doing right the last time, when he said something about a "crook," and gave me 3s.—I thought he meant a thief—Wennley and Gill came to the City Bisin, and took my statement on June 16th—they told me they were policemen—that was two weeks afterwards, before. I gave my evidence—I saw the boys Lock and Lambert at the solicitor's, with two constables—Lock made a statement—the statements were read out—I am still van-boy at Pickford's—we have a lot of changes—I have been with about a dozen carmen—I knew the first time, on June 10th, Buller had no right to deliver parcels in Whitechapel—I first heard Cavalho's name at the Police-station.
Re-examined. I am 16 years old—we went to this court about five times—on June 15th I saw a young woman standing at the top of a court—she motioned with her hand to Buller.
JOHN LOCK . I was a van-boy for Pickford's about Christmas last for a short time—I was tho first time discharged because my character was not good enough, and the second time because I had been employed there before—I went with Buller and the van to Tewkesbury Court on June 15th or 25th, about a month after I left—I got on the van near Pickford's premises in the City Road, because Buller asked me to come for a ride, and I said, "Yes; where are you going to?"—he said, "Lee"—it was about 10 p m—we went towards Great Eastern Street, and then to High Street, Whitechapel—you can go that way over the Tower Bridge—we stopped
outside Tewkesbury Court, near a public-house—a policeman was standing at the court; when he went away Buller changed his hat and apron—then he backed the van to the court—I saw Cavalho looking out of a window over a boot-shop and over the court—I was looking out of the public-house—when I came out I saw Buller go up the court with thiee parcels—he turned in the first door on the left—I had seen him go there once before—when he came back he said, "Let us have the others out sharp, Jack," meaning a bale and a parcel—I helped Boswell get the bale out, and Bos well helped with the parcel—I followed behind Buller to the landing—Cavalho was in the room, and said, "Be careful, my boy, be careful"—Buller put the parcel down, and Cavalho gave him some silver—I came down, jumped in the van, and drove to Pickford's Yard at Whitechapel—I pulled up outside—when we got to a coffee-stall in Bermondsey Buller gave me half a crown—it was getting towards midnight—we went on to Lee—I saw Cavalho in the room through the old lace curtain inside the door—there is a light outside and a reflection.
Cross-examined. The court is about five minutes from the City Basin—I was 17 years old in October—I am out of employment—I live with my parents in St. Luke's—I was employed about eight months at Pickford's altogether—one time I was there a week—four or five months the first time, in 1895—they gave me a character—I was 13 when I left school—I left one place because the work was too hard—I asked Pickford's why I was discharged—Mr. Dobie, who pays, said, "There is your character, if you want to see it"—I then went to Mr. Nolan's—I left him eight months ago, because there were too many hours—I got the half a crown for a "whack"—I suppose it was "swag"—Buller told me to go downstairs, but I stopped—since I left Pickford's I have sold lettuces and cabbages—the police took me to Leman Street, where I made a statement—Gill asked me if I knew the old Jew—I said, "No"—he said, "Not that old Jew in the High Street, a fair old "crook"—I said, "No"—he said he was a "fence"—I was kept at Leman Street about 12 hours—I was not charged—Gill said, "Do you know that 'bloke' who buys all that stuff?"—I said, "What stuff?"—he said, "That stuff that you took there that night"—I was three hours being questioned.
Re-examined. I did not know Cavalho's name till he was charged—I used the sack (produced) as an apron when I was with Turner, a carman—I left it in front of the van—Buller took Turner's team—Buller took something in the sack into Tewkesbury Court—he returned without the sack.
WILLIAM BAILEY . I live at 30, Crescent Place, Warner Street, Kings-land Road—prior to June 7th I was van-boy in Pickford's service—I have seen Buller and Cavalho together in June at Tewkesbury Buildings when I went with Buller with a load.
Cross-examined. I have seen Lock in the York Road, where Buller invited me to go to Cavalho's house in his van—he said, "Get down and pick these things up"—I took a parcel up, and Buller a bale, and a young lady said, "Up through the first door on the left"—I made a statement at the Police-station—I have not been at Pickford's for two years—the police gave me 1s. a day—before that I sat behind brakes, cleaned horses, and was stable-boy—I was not in regular employment—Buller gave me
3s. at the coffee-stall in Jamaica Road—Boswell was there—Boiler told me not to tell anybody.
JAMES SAMUEL WICKHAM . I am foreman at the loading bank at Pickford's City Basin Depot, where goods are sent to the suburban depots—the carmen load their own vans if with one horse, but not pair-hone vans—the driver's duty is to drive to the depot, and not to distribute the goods—these two sacks (produced) are Pickford's—the name and address are upon both.
Cross-examined. We do not send these coalsacks out—goods are counted on to the van by the loader of a pair-horse vaa—there is a checker in nearly every case—the carman has a waybill for the depot—that is made out by the loader—another person checks the goods by the waybill at the depdt.
DAVID FRANKS . I am employed by John Roffey, Culcroas Street, boot factors—on June 15th 1 sent 2 parcels of boots to Mr. Benn, of Fulham, and Mr. Fenner, of Woolwich, value £3 19s. 4d. and £3 18s. 5d.
JOHN GILL (Detective Sergeant, H). On June 21st, about 7.30 p.m., I arrested Buller at Pickford's Depot in the City Road—I was with Wensley—I was present at the arrest of Cavalho about 10 o'clock the same evening, in the secondfloor front room over 100, High Street, Whitechapel—it is Tewkesbury Court, Tewkesbury Buildings—his premises are first
to the left in the court, upstairs on the first floor—it has no connection with the shop on the ground floor—on the door is a muslin curtain—Wensley arrested him for receiving parcels from Pick ford's on May 19th and June 15th, knowing them to be stolen—he said, "I did not know it was stolen"—Wensley searched the place, and I took charge of the property, including these three Pickford's sacks (produced), and this postcard—the next day, Tuesday, his daughter came to the Court—she said, "You will be all right, father," as the cab was waiting to enter the yard—he replied, "Your father is done, my girl; look, here is the carman who brought the things to me," pointing to the carman who was sitting in the cab in custody, and could not be seen by his daughter when the remark was made.
Cross-examined. I was with Scott, another officer—Lock and Bailey were taken to the station—they were not charged—I told Lock he would be charged with a guilty knowledge before he got to the station—I told him I was going to take him to the station on suspicion of being concerned with Buller in stealing articles—I had seen Boswell and Lambert—we kept the lads at the station several hours—I think they went away about dinner time the next day—perhaps Lock was kept 10 hours—Pickford's refused to charge—we got a verbal statement from Lock; he volunteered it—perhaps it took three hours—we reduced the statements to writing—it took about five pages of foolscap—"the old Jew of High Street, Whitechapel," was not mentioned in my hearing—in his statement Lock called Cavalho the "crook"—I did not call Cavalho a "fence"—Scott is not here to speak to the conversation between Cavalho and his daughter.
Re-examined. Cavalho was represented at the Police-court when I gave evidence of that conversation—no question was asked me in cross-examination.
FREDERICK WENSLBY (Detective Sergeant, H). I was with Gill at Cavalho's arrest—when charged he said, "I did not know it was stolen"—on searching the premises I found amongst other things these 2 sacks and another sack cut up as an apron—they were identified as Pickford's—I also found this postcard and a large variety of goods.
Cross-examined. Cavalho was first charged with unlawful possession—I assisted to take him to the station on both occasions—he was afterwards arrested on the charge of receiving—his son did not come to speak to him on the way to the station—he was not roughly handled—Cavalho was not placed to be identified by Lock—Lock mentioned Cavalho in his statement—I am not positive that he used his name—I did not use the word "fence"—I may have used the word "crook" afterwards—I did not bay, "Do you know the old Jew who lives in High Street, Whitechapel?"—Lock and Bailey were detained to enable me to communicate with the solicitor.
LEWIS VAN PRAAGH . I produce a correct translation of a postcard from the Dutch, dated March 31st, 1891, addressed from Amsterdam to Cavalho, and signed "L. Wynman." (Thiscommenced, "My dear cousin," and referred to goods received and sold for Cavalho.)
Aaron Cavalho, in his defence, stated that he had been in business in one place as a dealer for 42 years, selling what he purchased by attending sales and privately, but that he did not know these goods were stolen; and that the
sacks were given him to use or his kitchen floor; and that he thought Butler was a little dealer.
Be received a good character.
GUILTY .— Four Years' Penal Servitude. BULLER— Nine Months' Hard Labour.
NEW COURT.—Wednesday and Thursday, July 26th and 27th, 1899.
Before Mr. Recorder.
MR. MUIR Prosecuted, and MR. COX and MR. HERMAN Defended.
SIDNEY GRANT WOOD . I am 16 years old, and live at 2, Montague Street, Russell Square—I am assistant to a firm of electricians—on July 5th, 1898, I entered the prisoner's employment at 4 and 5, Warwick Court, to learn the business—I left on, I think, March 10th this year—I went about with him at his work as an electric installer—about November, 1898, he told me that he had got the electric light free, but he never told me how—one fuse was taken out, and another was put in (Pointing it out on a model.)—I have seen him do it, and I have done it myself—he said that when it was put so (moving it) he did not pay for the light—that was put on in the evenings—when the fuse was not attached to the wire it was taken out and pushed on one side; it was put back in the morning—there was a very little light in the office in the day-time, hardly any, but in the evening there were sometimes four lamps and sometimes less—he told me to be careful of the light in the daytime, but he said nothing about the evening—about 5 months after I had been there 5 lamps were added, 2 in the shop and 3 outside.
Cross-examined. I am in Mr. Barnes' employ; I have been there four months—when I left the prisoner's I was dismissed, because he sent me to carry an old chair to a place in Shoreditch—I refused, and he discharged me—I was accustomed to leave at 7 o'clock, so that the electricity which I saw burning was mostly in the daytime—I know what a cutter is, and I know that the wire might melt, and it would be necessary to put on a fresh tube—I have never seen this model before—I did not trace where this wire went to.
Re-examined. This wire was not in the ordinary course.
DIPTHONO BANTING . I live at 3, Back Hill, Hatton Garden—on. December 22nd I entered the prisoner's service at 5s. a week, and he allowed me to use his office for addressing envelopes and circulars—I left his office at the beginning of April—there was a desk there with an electric light over it—I generally went at 7 a.m., and used the electric light—I used to sleep in Mr. Thomas's room, and used to have the electric light—it burned all night, because I used to go off to sleep—the prisoner said I must not use that light, because it was going through the meter—there was a door through the wall into the workshop, and two cutters were put up there, so that the light should not go through the meter—he showed me how to put it on, but I never did so, because I was afraid, but I have seen both the Woods put it on, and another man, and the
prisoner—I do not know anything about electricity—the prisoner had 12 lamps, but on an average six were burning up to about 11.30, when the work was going on—I remember an electric sign which was used for the Vienna Café about March—the prisoner told me that the lights after six o'clock were not paid for.
Cross-examined. I wrote the prisoner a piteous letter, asking for assistance, and it was at my request I was taken on at 5s. a week—I was not dismissed from his service—I did not leave because there was some question about my drinking, but he mentioned to me that he thought so—I did put two letters into the wrong envelopes—I left because there was another Italiao, who did not speak English at all, and I thought the prisoner did not treat him very fair, and I left out of sympathy with him—the prisoner did not tell me how he got the electricity without paying for it, but he showed me—he was not there very much—he told me to turn the electric light out at night, because it was burning through the meter.
JOHN THOMAS . I am an engineer and a patent expert, of 53, Bloemfontein Avenue, Uxbridge—up to six weeks ago I carried on business in the prisoner's office, which was known as Mr. Thomas's room—I had told him, about the end or July or the beginning of August, 1898, that I was looking for a room—he offered me one, and I went there at the end of April or beginning of May—five or six lights were burnt there on an average, but I had nothing special to call my attention to it—I left my room locked, and found it broken open in January or February—I spoke to the prisoner about it—he said that he was obliged to break it open, because they came to look at the meter—I always put out the electric light when I went out, but I could not work without it, even on a bright day—I was seldom there 10 minutes at a time, but I was in and out all day—I had to go through the outer office and workshop—I have been there as late as 9 or 10, but I believe sometimes business went on all night, with every electric light burning, and, I believe, gas as well—I did not go there in the evening, but the prisoner has told me he was going to work all night—I said to him in July that the electric light must be very expensive—he said, "No, not as I get it"—I did not ask for an explanition, as I knew nothing about electricity, and I considered that he had good ways of burning it—I have seen people in my room with the electric light on—I was at Bow Street on the two last hearings, and the prisoner asked me what I was there for—he asked me to go and have some dinner with him, and afterwards he asked me whether I was to give evidence—I said that I did not know—he said he hoped I would not, and on the last day he asked me why I had not been to see him, because he could put business in my way.
Cross-examined. I did not continuously occupy this room; I was in and I out—I left the door open after it had been burst open—five or six lights were burning in the daytime—I found the prisoner in the room one day waiting at the table; there was nothing extraordinary about that—I know that the contract between him and the company enabled him to get the light at two-thirds the price of an ordinary consumer.
25th I took a reading of this meter—it was 085—that shows a consumption of 70 units for that quarter—on June 2nd, 1898, I took another reading, which showed a consumption of 43 units, and on the 23rd of the same month I took another reading, and it was only 2 units—the first time I went I said that I wanted to see the meter, and I was shown it—when I went the second time I found the meter had been taken down—the prisoner said that he had taken it down, and it was in another room, and he took me to see it—on June 23rd I was kept waiting for a minute or two—I took the reading of Messrs. Haynian's meter, who are above—their consumption from December 30th to June 2nd was 126 units, and on June 23rd 220; that is 12 units.
Crossexamined. I went on June 2nd because the general meter was going to be disconnected—I found it taken down—the prisoner showed it to me—I took a reading of it, and simply reported the fact to the company—I did not make any complaint.
ALBERT EDWARD TURNER . I am a meter reader, of 46, Auckland Road, North Kensington—on June 26th, 1898, I took the reading of the prisoner's meter—then I could not get in, but I afterwards did through a window in Mr. Thomas's room—I did not see the prisoner—the consumption from June 23rd was 54 unite—the next reading was on January 6th, 1899, when I found a further consumption of 50 units, and on March 24th 11 units—the prisoner, was there, but I did not speak to him—on May 4th I was tent to take a special reading, and found a further consumption of 3 units; I spoke to the prisoner; he said that he had not used much—I tried the meter, and it did not work; I then tried it with two electric lamps, and it started—I made a report—the premises are very ill lighted by daylight—I took readings of Hayman's meter on January 12 th. (Beading the results on different dates.) On the different occasions when I examined the prisoner's meter I was kept waiting.
Cross-examined. I went direct into the workshop, and stated what I had come for, and in a few minutes I saw the meter—the door was locked once, but I had no difficulty after that.
FRANK JOHN MIDDINGS . I am clerk to Mr. Hayman, of 4 and 5, Warwick Court—he had 7 electric lights there, and 6 of them were burnt in the manufactory from 3 to 5 hours a day—there was the front office light and my own light about 3 hours, and the lamp against the door about 3 hours—the other lamps were not used much—my hours were from 9 to 4, and till 2 on Saturdays.
Cross-examined. I had no gas.
Cross-examined. I have no complaint against the prisoner—he is still a customer.
FRANK OLIVER . I have been wireman to this company for 6 years—on May 10th I got instructions, and went to the prisoner's premises to see if the meter was in working order—I turned on the light, and it did not work—I put on a machine which I carry, and it worked—I disconnected it, anl it did not work—I looked round the place, and found this piece of wire brought from the wall on to a singlewire tube about a foot
below—I tried the tube wire, and it cut the meter out—I also found that the lamp was not connected right to go through the meter at all, what I call the meter loop—no wire should be connected with a meter loop—there was no cover on the wires—it did not register the current that was used—the cutouts had no coverings on them—I reported to Mr. Gehardi, and went there with him next day, and the wire was removed, but I could see the bare wire—the meter and the lamps were all right, except Mr. Thomas's light; the keyoff was bare, and I insulated it, to prevent fire—I made a sketch, but I find now that it is wrong—on the 11th and 13th I went again, and made this model, without assistance from anyone—there was a hole like this on the premises; I cannot give any reason for that; it ought to have been covered—that represents the double pole cutout, and it is 2 ft. from it to the wall; I did not measure it—the casing has no cover on it; that is not usual—there was a piece without any cover in Mr. Thomas's room—I also noticed that the bottom one was bare—on the 11th the meter started with one lamp—I did not remove any of the casing.
Cross-examined. I gave no notice on May 10th; I only asked to come in, and I got in without difficulty—I prepared the rough sketch used at the Police-court (No. 1), but not on the premises—I prepared this rough sketch (Produced) on the premises, but it does not represent what wasactually the case, because I did not remove any cases—I have not in my original sketch the hole cut out in the wire—there is in my rough sketch a single hole cut out on the meter loop, and it is also represented on my finished sketch—the single hole cut out on the model is on the wire which goes to the meter, not on the wire which comes from it—A indicates the point cut out, and B the return wire—our suggestion is that by coupling A with B, that cuts out the meter; A is supposed to be the single pole, but I only suggest that; it is pure conjecture—I do not understand testing meters at all; I tested it prior to starting, to see whether it worked by one lamp—I unsealed the box to do that, and after the operation I put it up again—the wire attached to the return wire was also attached to a bare wire on the wall; that was connected with a bare wire—this Tpiece was on the return wire the following day, and a gentleman suggested that it should be covered up, because of its liability to combustion—this pole was uncovered when I went on May 10th, I could just see the wire—I did not trace it out—my sketch does not show any trace of a double polecutter—I did not make the model which was produced at the Police-court, but it was made from my plan—this is not made according to scale.
Re-examined. I made this model myself, and it represents the state of things I saw—the hole is a little larger.
CHARLES HENRY WILLIAM GEHARDI . I have been in the service of the prosecuting company since 1889, and since 1891 I have been superintendent of the electric testing department—the. meter supplied to the prisoner was 108104—that was put up on December 2nd, 1897—it was tested by one of our assistants on November 4th, 1897—this is my meter testbook—it shows a very satisfactory test, much under the requirements of the London County Council—I received a report in May that the meter would not stand the test with 2 lamps, and on May 11th I went
with the other witness to the premises—this model agrees with the facts, I found, with the exception of the wire coining out of the casing, the hole was there, bat not the wire—the other part was connected in a regnlar and proper way—I examined the wire in Mr. Thomas's room, and found a wire connecting from the loop to the two top wires—it would not register the electricity consumed—I say that the current passed into Thomas's room did not pass through the meter—the return part of the meter loop was bare; the installation was stripped off—I tried the meter—the first lamp I used was the one in Thomas's room; that did not start; I used another, I cannot say which, and I then discovered that Thomas's lamp was not going through the meter—I should say at that time the disc was not impinging on the arm of the magnet, it was revolving in the ordinary way—if it touched, however lightly, it would not move with one lamp on—I said to the prisoner that that lamp was connected before it came to the meter, so that the meter was not connected—he said that he did not know it—it was not proposed to have the case uncovered, as it was in Mr. Thomas's room—I cannot see any reason for having this pole cut out, or for this hole being here—I made these seals myself last night, and handed them to Mr. Cubit, of the Thomson Meter Co.—I could not detect that they had been opened and the wires taken out and closed again—Mr. Thomson has put a ring on.
Cross-examined. I knew of this little experiment being tried—the meter was tested before it left the company's office, more than 18 months ago, and the next time was by the London County Council inspectors after this question had arisen—there is no doubt that this was connected with the slow wire of the meter—this model does not show the Tpiece—it should be just inside the horizontal piece—if used for the experimental testing of lamps you would have to have two wires—supposing the meter was cut out of circuit, Thomas's lamp would light, supposing there had been a tapping of the wire in the way that Mr. Oliver's plan suggests—if the current was diverted at A on the wire to the meter, the lamp in Thomas's room would light, because it would come through another way—if Thomas's lamp was attached, and the current was diverted at A, without going through the meter, the lamp would light in the same way, but in a different direction—the meter would show that—going round the other way, Oliver could see whether the meter was working—it would work backwards—it would in a long period show on the registration dial—he would notice the disc revolving, in a reverse direction—I could not see the magnet under the disc, but I could tell by the rate of the revolution of the disc; it would move very slowly with one lamp—it was open to the company to seal the cutters; that is not commonly done with ordinary cutters; it is with a high tension main—the County Council test the meters, and this meter was tested by Mr. Rossiter.
Re-examined. The company had no right to seal a rose cutter.
ARTHUR EDWARD ROSSITER . I am an inspector, under the Electric Lighting Act, employed by the London County Council; I have been so engaged since 1891—I was instructed on June 24th to take away a meter from the prisoner's premises, and communicated the fact to the prisoner by letter, and gave him notice of the time, June 28th—on June 28th I
went to the premises, and found this meter (Produced), and brought it away—I found the seals intact—I tried to start the meter with one lamp, but it would not start; lamps were added one by one, and it would not start then—the seals were then cut off, and I found the disc apparently touching the lower arm of the lefthand magnet—I procured a screw, driver, and examined it; the pivot underneath flew back to a turn of a quarter—on screwing it up the meter began to work; the other lamps were turned out, and it worked with one lamp, and it was found to work within our limit—nothing was wrong after the jewelpoint was screwed up, and vibration would not shake it down then, but it would before—vibration would not cause it to go up again.
Cross-examined. It was sealed when I got it—nobody could screw it up while it was sealed—if the screw was tight it would not come loose by long-continued vibration—if the disc was in contact with the magnet it would be unequal in its action—there was nothing to indicate that the seals had been tampered with, or the meter—I condemned the meter—it was good when it was adjusted; it registered within 2 1/2 points of accuracy.
Cross-examined. It would take a very small degree of graze to stop the meter with one lamp—I never knew a meter of this sort which would start with a single lamp if it grazed—I cannot say that these seals have been tampered with, but they do not generally have a ring round them in this way.
ARCHIBALD STANNARD CUBITT . I am employed by the firm who supplied this meter—I have been exclusively employed in the meter department—on July 22nd I attended at the office of the London County Council, and inspected this meter, and found it perfect—it is not proper for the copper disc to touch the magnet; if it begins to graze on the arm of the magnet it will not go back—it is not possible for vibration to send it up, and if it is properly set it will not go down—I have found Avhen working at the top of a building with machinery in motion that the vibration makes no difficulty, and I had one hammered for 33 minutes, and it had no effect—last night Mr. Rossiter made two seals in my presence, and I took' them home, took the wires out, sealed them up again, and put them in a handkerchief, so that if the seals had been on a meter I could have opened them, done what I liked, and sealed them up again.
Cross-examined. The meter was in perfect working order after it was adjusted—if it grazed I could not make it act by turning on one lamp—I found by lowering the jewel that it just touched the magnet, with one lamp on—I then tried two lamps, and it made no difference—the deviation would depend on the extent of the grazing—the tendency would be for the deviation to increase—if originally screwed up hard, vibration would not affect it, in my opinion—I do not think continuously applied vibration would be more effective than sudden—I used a handkerchief to one of the seals, and saw the grains of it—it was very roughly carried out.
REGINALD THOMAS TODD . I am chief engineer of this company, and a member of the Institute—I have had experience in electricity ever since I left school—I visited 5, Warwick Court, in June, but did not carefully examine the wires then—I went again on June 13th, and was refused admittance—after that, at the Magistrate's suggestion, I went again, and
was admitted, and made a careful examination—this model correctly represents ttie state of thing except this wire. (The witness here worked the model, showing how a lamp could be lighted through the fuse in the wall without the disc revolving.) I made apian of the wiring, which shows the same state of things as the model—it was possible to short circuit the meter and let all the lamps go on without registering—I took the state of the prisoner's meter on June 2nd, and it showed a consumption of 9 units, and another reading on June 13th, showing a consumption of 5 units—the reading on June 13th was 272.
Cross-examined. Both the models were prepared under my directions, but the first one was prepared from a sketch by Oliver; that was incorrect in one particular—Oliver's model shows a single pole cutout on the wire to the meter—the theory then was that the cutoff was from the central line—I say today that the short circuit, cutting out the meter, it did not go through the meter at all—my plan No. 3, produced at the Police-court, shows another theoretical combination—this is an imaginary line from A to B; it does not represent any wire—I do not know that the prisoner suggested that one of his own engineers should be present; there were 2 or 3 gentlemen there—if the current was diverted, Thomas's lamp would light at Z only—I do not think that the disc would revolve in the opposite direction—we have 3 years' contracts at 5d. per unit, with 10 per cent, discount, and 5d. on agreement—we have tried to get 3 years' agreements—this meter was in the room where Thomas's lamp was; therefore, that would be the first lamp tried to test the meter.
Re-examined. I have searched for any letter from the prisoner for an application to test the meter—supposing Mr. Oliver is right, and that the coupling up was made, Mr. Thomas's lamp would light if it was connected in the way shown in the sketch, but the current would go through the meter in the reverse direction (showing it on the model)—that would not affect the dial.
A. E. ROSSITER (Re-examined); I took a reading of the meter on the premises; it was over 275—the candlepower of these lamps is 120, and of Mr. Haman's 80.
Cross-examined. I test thousands of meters in a year—this meter has not been approved by the Board of Trade.
The Prisoner, in his defence, stated that he was an electrical engineer, and had been in England 18 years; that when he first occupied part of the basement at 4 and 5, Warwick Court, the electric installation was already there, and there was one master meter, for which the landlord was responsible, and subsidiary meters for the tenants, but that in March, 1898, he was instructed by Mr. Winter to connect a special wire from the basement, which he did, and after that each tenant paid separately; that afterwards, finding there was something wrong, he ashed the company to inspect the place, and Mr. Gehadi and others came, and said that there was a short circuit to Thomas's lamp, at which he expressed surprise, as he had not made it or directed it to be made; that he never told Sidney Wood or Banting that he got his light for nothing, or showed Sidney Wood how to short circuit the wires; that he did nothing to produce the stopping of the disc; that the fuse may have been put there by an apprentice; that Wood was telling an untruth when he said that he (the prisoner) disconnected the wire in the
morning, and put it on at night; that there was no truth in the suggestion that he had tampered with the seals of the meter; that he spent 3 hours there on the Sunday, preparing his defence; and that the meter was stopping then, having stopped on the Saturday, and on the Monday he telegraphed to Mr. Allen to say so, and that he used the Tpieee to experiment with Arc lamps.
Evidence for the Defence.
EDWIN CRESWELL ALLOM . I am an electrical engineer, of Hatton Garden—I was called about the end of May to examine the plan prepared by Mr. Collins, and the model—I found them to be inaccurate—I found no indication of any wire represented by this blue line in Plan 2—that would have been obvious to anybody making proper observation—there is also a representation of these 3 points, X, Y, and Z, on the model; they represent the wire in Thomas's room—my view of it is that the peelings are exactly the same age as those on the wire, and are quite of recent date—they were bright—it is a very common thing for meters not to record faithfully—it was a good meter after it had been adjusted—I was present on June 27th, when Mr. Rossiter set the meter, and I agree with him as to the falling of the screw which retained the jewelpoint—the constant vibration would make it shift, and there would be no indication of the meter having been tampered with—constant vibration would have more effect in causing that than a sudden shock—there were indications of the force of vibration; the meter was in a place where people were continually going in and out, and the prisoner had a lathe and other things which would cause vibration—I saw a Tpiece that should be below this point—it would be much easier for the Tpiece to be cut out, and then it would not cut off the meter.
Cross-examined. That would not in any way account for the meter not registering with all these lamps on—even if the screw were loose, the currents would not be registered on the meter, because that current was not moving as quickly as it ought; it might wobble, and get against the pole of the magnet; it was binding, and one lamp started it—I conclude from that that the meter was not in order, and that there was some obstruction—if the disc happened to stop, the lamp would not set it going again; I should have put the blame down to the meter—I have not come here to be bullied—if the meter was not moving, I should conclude that there was something wrong with it—if I found a wire here I should have traced the other end of it before I came to a conclusion—I did not suggest before the Magistrate that vibration would make the screw move up—part of my evidence is omitted; I was not talking of the screw with the disc, but a screw with the nut, and in that case no doubt it would be downwards—I do not know what would cause it to move up—I explained that there was no locknut, and any vibration against it would cause it to go up or down, probably down—the prisoner summoned me on June 26th, saying, "Will you come and see my meter? it has stopped," and when I got there one or two lamps were burning—he said, "I want you to look at my meter; I came here on Sunday, and it had stopped"—he told me that it was not registering that morning, and that it was not registering on Sunday.
Re-examined. It might rest and go on again—there might be a wobbling during the revolution, and if it happened to stop it would take
more current to start the meter again—I examined all the wires on the day before the examination at Bow Street, and found nothing to account for the meter not working properly—I did not know that there was anything wrong till I examined it—I made no request on June 13th that the cover should be removed, nor did the others in my presence—I do not think it is true that it did not act, but it acted irregularly—it stopped, and it did not go on again till Mr. Rossiter examined the screw—he told me that it stopped on Sunday—he called on the Monday and said, "I came here on Sunday, and found the meter had stopped," and it was still stopping on the Monday, but he said, "When I came on Monday it was going"—as I said yesterday, the disc was not moving perfectly horizontally, it was wobbling—that would not be seen till the disc was taken off—a sudden vibration given to it might cause it to go on again, and some vibrations might jerk the disc up—such a thing might happen.
By MR. COX This point where the Tpiece is, isjoined to the return wire, that is properly indicated on this board—the covered wire attached to the Tpiece might be used for experimental purposes with an arc lamp—they would join, I think, at the top cutout, which is on the other pole.
R. T. TODD (Re-examined). When I went to the prisoner's on June 2nd I took the state of the meter in the usual way, and there was no possible sign of the disc fouling the magnet—I looked at it when it was revolving—it made 3 or 4 revolutions, and was not touching the magnet—I tested the meter with the prisoner's lamp—I first removed the cover; I cut the seals and resealed it—I took a lamp and put it across these two points, and the lamp lit and the meter revolved—that is a portable lamp which I carry for testing meters, because the meter is often in a dark position, and I wanted to be sure that the current was going through that wire and no other one—that was admittedly en the short circuit, and I had that taken off—there were about two lamps, but the meter worked in any case—I looked at the disc, and saw that the meter was absolutely in working order.
A. E. ROSSITER (Re-examined). When I examined the meter I found the disc on the lefthand magnet, and the jewelscrew loose—the disc was not true.
HENRY W. NICHOLSON . I am a partner in the firm of Farrar and Co., of 24, Cheapside, solicitors—we act for the landlord of 4 and 5, Warwick Court—I was informed that the original arrangement for the supply of electricity was through a master meter—I told the company that our client claimed the electric rent from the tenants—I objected to that, and instructed the prisoner to fix the light so that it lighted the door and passage only, and I got an estimate from him—that involved a fresh cable, and I told each tenant to make his own arrangements with the company, and gave the prisoner notice that I should cut off his light.
Cross-examined. I did not instruct him to move the meter, but I told him that all the tenants would be cut off, so that they should not pay through my meter—I left it entirely to him how the work was to be done.
profession, and have been employed in important engagements—I have heard Mr. Allom's evidence, and made myself familiar with this model—the T-piece is to obtain a current for testing purposes; it is very common to make arrangements, which would not be wanted by a consumer—if there had been a wire from the double pole cutter to the single pole cutters, that would be obvious—apart from the T-piece, if there had been any wire, anybody making an examination would be able to discover it—there was no indication of such a wire when I went there—I took down the casing myself to see where the wires came from, and I made this hole at the top myself—the pole was not visible till I removed the casing—the T-piece was visible—the disc is made of sheet copper, and it is exceedingly unlikely to remain true if it was knocked about; it might touch at one point and not at another, and if it stopped, by putting on a stronger current it might move off the point again; or a jar might do it, as it was in the workshop—they do not use that on Sunday, but the meter was fixed underneath the passage, and there was traffic in and out—all the meters in London do not go wrong, because they are not all of this sort, but they are all liable to do so—this meter was not approved by the Board of Trade.
Cross-examined. I suggest that the meter was fixed on an interior wall; it is not a wooden partition—I never saw a wall that was not subject to vibration—the basement of a building is the least subject to vibration—I have never seen one of these discs in Thomson's meters which was actually true—this disc (Produced) does not run true, but it is much more true than the one in the model—if this disc was running absolutely clear of the magnet on June 2nd, I see no reason why it should not register true—vibration might lower it, but not raise it—finding nothing in the wiring to cause a short circuit, I formed the opinion that the meter was wrong—I was looking on on June 13th,. and I never asked to have it unsealed, that I and my fellow experts might see it—the whole cover was short 3/8 of an inch, so that, if not so deep as the hole, it was broader—I could not see the two wires through the hole without getting on the steps—they were twisted up in a very unworkman like manner—they did not protrude; they were visible to any person in the room,'but not very noticeable—there were two wires sticking through, but no bare ends—it was a small hole, just such as you would make for connecting a lamp about 1/4 of an inch, just sufficient to admit the wire—no person could mistake the one for the other—when I examined it no wire was sticking through, but the wires were there; the whole thing was put up very badly—it would take 10 minutes to connect a wire along this casing and put it through in the way Mr. Oliver says, because the hole through the wall was only small—these wires being bunched up, made it difficult to trace them—an expert would not trace the wires without taking off the casing—I am not surprised that Oliver made a mistake, he ought to have called the prisoner, the person who was most likely to contradict him, if it was true.
Cross-examined. Oliver's mistake was that he suggested that there was a single pole cutout on the wires of the meter—if he saw that the meter had stopped it was a very simple thing to take the cover off—there were not three wires—I traced the two wire, and found that they were
harmless wires—the hole was simply due to bad workmanship; it was absolutely unnecessary—the casing did not go up to the ceiling, and apparently no hole was made.
By the COURT. He says that he did use a wire through that hole for the purpose of an arc lamp—anybody who says that they saw a wire coming through that hole must be mistaken.
F. BRYANT (Re-examined). I can account for the meter going on again when stopped by something wrong with the disc if it received a very slight jar; the plate may have rested on the magnet with its whole weight, or with very slight pressure—that might happen many times.
GUILTY .— Judgment Respited.
THIRD COURT.—Thursday, July 27th, 1899.
Before Mr. Common Serjeant.
MR. GRAIN and MR. OVEREND, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. LEICESTER Prosecuted.
EMMA CROCKHART . I am a widow, aged 74—on the afternoon of June 26th, in the Victoria Park Road, the three prisoners threw me down and tried to get my watch—I had a pin fastening it to my dress—the chain and glass broke—I was frightened, and screamed out as well as I could—I was taken home, and had to have a doctor—I had a bruise over my left eye, which was bleeding dreadfully—I also received several bruises on my leg.
Cross-examined by Ledborough. I cannot tell who picked me up—I was too frightened to look at anybody.
ELIZABETH STEPHENSON . I am married—on June 26th I was at the corner of St. Thomas's Road and Victoria Park Road between 4 and 4.30 p.m.—I heard shouting—I turned round and saw the prosecutrix on the ground, and the three prisoners—Weston and Ledborough were going away "on the trot," between a walk and a run—Shaw was picking her up—I chased Weston two miles—I saw him brought back—I recognised Ledborough afterwards—I have no doubt of their identity—I identified Ledborough at the Police-station.
Cross-examined by Ledborough. You did not pick the old lady up—I was about 100 yards away from you.
Cross-examined by Weston. I never forget a face, and I had a good look at you.
STEPHEN SPENCER . I am a coachman—on the afternoon of June 26tb I was driving a pairhorse van along Victoria Park Road—I saw the old lady on the ground—Weston was standing on the kerb 5 or 6 yards from
her; Ledborough was close by her—she had one hand on the ground—when I got closer she was upon her feet—Ledborough and Weston were running away then—Weston was a little before the other—a constable caught Weston—when I first gave the alarm I was at the corner of Victoria Park Road—one constable blew his whistle, and another gave chase—I lost sight of Weston only when he was turning the corner, but saw him running again—I recognised Ledborough at the station.
Cross-examined by Ledborough. I was 60 or 70 yards from the woman—I whipped my horses up, to go after you and Weston—I was 100 yards off you—I went 10 miles an hour after I saw you—I eased up to speak to a woman—she put up her hand—I saw you standing over the old lady.
OCTAVIUS GEORGE WILLIAM FREEMAN . I am a traveller—I was riding in Spencer's van—the old lady was partly on the ground, struggling, when the noise of the van disturbed the prisoners—I saw her pet up—I could recognise Ledborough from a thousand as one of the men—the driver whipped up the horses and went 10 miles an hour—we never lost sight of them—I saw Weston caught, and Ledborough being brought back.
Cross-examined by Weston. Ledborough and you looked at me, and yours is a face I should never forget.
Re-examined. Before the Magistrat I said, "Ledborough and Weston stood over her"—that is correct.
THOMAS BILLINGTON (403 J). On the afternoon of June 26th I was on duty near Victoria Park Road; I heard a whistle, and ran in the direction of the sound—I saw a large crowd, another officer, and Weston running down King Edward Road, at some distance—I hailed a cat's-meat cart, and went after him—I caught him in St. Thomas's Square; he was exhausted—he said, "Let me get my wind"—I said, "Never mind about your wind; you will have to come with me"—I took him back—on the way he said, "It was a public-house row with a lot of men over 3d., and I am not going to pay for other people's losses"—at the station the prosecutrix identified Ledborough and Weston.
Cross-examined by Weston. I chased you two miles—I took up the chase three-quarters of a mile from the place of assault.
THOMAS CHARLES ALLAM . I am a carman—on tha afternoon of June 26th I was driving a van in the Broadway, South Hackney—I saw Ledborough on my left, with people after him and shouting—I drove after him, and I caught him in Morpeth Road, when he turned and came back towards me—I jumped down and said I wanted him to come back to the Broadway—he said, "What do you want me to come back for?"—I said, "I don't know; what are you running for?"—he said, "I am running for my tea"—I said, "You look like it, being fully blown as you are"—he was taken by the sergeant—twice he said he would go no further unless we told him what we wanted him for—I said, "You will have to come," and kept hold of him.
Cross-examined by Ledborough. A woman walked by your side, but did not have hold of you—I heard the hue and cry between 4 and 4.15 p.m., as near as I can judge.
PHILLIP RAWBONES (Police Sergeant, 34 J). Ledborough was handed into my custody by Allam—I took him to the prosecutrix, who said, "That is one of the men who robbed me"—the prisoner said, "I have done
nothing; do you think I would have come back like this if I had?"—Allam held him—I took him to the station—he was charged, and made no answer—he gave an address 32, Goring Street, London Fields—he could get home that way—if he was hurrying home for his tea he would be running away from it.
Cross-examined by Ledborough. Your nearest way would be through Victoria Park Road—you could go through the Hackney Road, but it would be much farther round.
FRANK HARROWDINE (86 J). On the evening of June 27th, from a description I received, I followed Shaw, and arrested him in a back room at 33, Goring Street, next door to a lodging-house—I told him he answered the description of a man wanted—he said, "All right; I will go to the station with you, but I know nothing at all about it"—I took him to the station.
Ledborough, in his defence, stated that he picked the prosecutrix up, and then ran away, because he did not want to be implicated; and Weston stated he was running away from a public-house row.
SHAW— NOT GUILTY . LEDBOROUGH and WESTON— GUILTY . They then Pleaded Guilty to a conviction at Clerkenwell, in November, 1897.— Eight Years' Penal Servitude each.
MR. STEWART Prosecuted.
MORRIS SOLOMON . I live at 21, Cotton Street, Mile End Road, and am a jeweller's assistant—on June 26th I was talking to Samuel Wolf. when a crowd attracted my attention—the prisoner passed me—shortly afterwards I saw a scramble, and I ran to the corner—I heard the report of a revolver, and saw a flash about 10 or 12, yards away—I heard a second report, and felt myself struck—I was taken to the hospital—I subsequently, after looking at him suspiciously, being dazed, picked him out.
Cross-examined by the Prisoner. I am sure you are the man.
SAMUEL WOLF . I am a cyclemaker, of 446, Commercial Road East—I was standing with Solomon, a little after 10 pan. on June 26th—a crowd passed, and I was struck with a piece of iron on the back of my head—I was at the hospital about 20 minutes, and afterwards attended as an outpatient—after I was struck I heard two reports.
JOSEPH LEVY . I am 14 years old, and live at 13, Raven Street, with my parents—my father keeps a cabyard—on June 26th I was standing there with my mother—some roughs came and pushed my uncle, Phillip Levy, against the wall—I said, "Be careful what you are doing"—there was a scramble, and my uncle was struck with a belt—I saw the prisoner waving his hand about—he had a revolver like this (Produced) in his hand—after that I heard shouts, and saw flashes—Solomon said he was shot, and was taken to the hospital—I identified the prisoner at Arbour Square Police-station from some constables in a row.
Cross-examined. I was behind my father—Phillip Levy dodged down, and the shot caught Solomon.
PHILLIP LEVY . I live at 6, Mount Street—I am Joseph Levy's uncle—on June 26th I was standing by the cab-yard railings about 10 p.m.—a crowd of about 20 roughs came—two or three of them knocked into us—I asked them to be careful where they were going—I saw Wolf struck on his head with something—afterwards a piece of copper wire was found—the roughs ran away; I ran after them—when we got, to the corner one came behind Joseph Levy and struck him with a belt, and pushed me—I picked the prisoner out as one of the roughs.
DONALD WATERS (Police Inspector, J). On June 26th, a little after 10 p.m., I heard a whistle in Whitechapel Road—I saw the prisoner running, followed by a number of persons—I gave chase—after running about 100 yards in Ivy Lane, Friday Street, Bath Street, I overtook him in Bath Passage—we struggled—a constable came to my assistance—he continued to struggle, and kicked me in the leg, but did not hurt me much—other roughs got round—he was conveyed to Bethnal Green Police-station by two constables—he was asked his name and address; he gave his name—Frost (Policeman 252) handed me this revolver, which he said the prisoner had given to him—I found that one chamber had been, recently discharged; there were three cartridges and two empty chambers—it is a cheap, bad weapon, and the guard has gone—these are the cartridges; they drop out—I received a telegram from Arbour Square that two men were there with wounds, and I told him he would have to go with me to Arbour Square, as two men had been shot—on the way he said, "You say two men have been shot; how can that be when I only iired one shot?"—at Arbour Square he was placed with nine other men, where three of the witnesses picked him out—when charged he said, "I got the revolver from a pal, you shan't know who; I got it to do what I have done, and I have done what I wanted to do with it."
HERBERT HALLETT (459 J). On June 26th, a little after 10 p.m., I was in Whitechapel Road, and heard a whistle—I saw the prisoner running in the direction of Friday Street—I chased him about 150 yards, when he was arrested by the chief inspector.
ARTHUR FROST (252 J). I assisted the inspector to take the prisoner to the station—on the way he repeatedly tried to get his hands in his pocket, and I put my hand there—he said, "You have no business to put your hand in my pocket"—I kept his hand up till he said, "Let go," and pulled this revolver out of his pocket, and said, "I might as well give it to you"—I handed it to the inspector.
FRANCIS WALDRON . I am a qualified medical practitioner—on June 26th I received Solomon and Wolf at the London Hospital about 10 p.m.—I see casualty cases—there was on the right side of Solomon's head a small round wound, with bruised edges, going down to the skull in the right temporal region—the bone was bared, but not fractured—the wound may have been caused by these cartridges—I cannot say what caused the wound on the other man.
The Prisoner, in his defence, said that the Whitechapel boys were fighting the Stepney boys; that one took his cap, and he said he would have his own back.
GUILTY .—He then Pleaded Guilty to a conviction of felony at Clerken-well, in August, 1896. Three other convictions were proved against him;
and he was said to be an associate of thieves.— Three Years' Penal Servitude.
MR. ARMSTRONG Prosecuted,
MICHAEL DELANEY . I am a coffee-housekeeper, of 96, Vallence Road, East—I was in Vallence Road on April 17th, a few minutes after 10 p.m., with Mr. Dennis—we had been drinking—I was accosted by the prisoner and halfadozen more—I was knocked to the ground—I tried to rise, but got n kick at the back of my head, and was knocked senseless with a stick—when I opened my eyes I found three men rifling my pockets—they took two watches, a gold chain and a gold locket, value about £4 10s.—the one who struck me is in prison.
Crossexamined by the prisoner. I identified Chapman—my friend, who only drank small lemons, stood over me with a stick to keep you away.
JAMES DENNIS . I am a builder, of 44, Coventry Street, East—I was with Delaney, whom I have known about 5 years, in Vallence Road—when near the workhouse the prosecutor was thrown on the ground, and I struck the prisoner with a stick—I got a blow on my mouth, and the prisoner took the stick, and three men hustled me; the prisoner was one another was a man who is doing 18 months; and the other cannot be found—they said, "Murder the man!"—I said to the prosecutor, "Have you lost anything?"—he said, "I have lost two watches and a chain"—I said to the prisoner, "Give me my stick"—he said, "You will get nothing"—a crowd came round—I picked the prisoner out about 11.30 on Saturday night.
Cross-examined. I had been with Delaney all day—we had both been drinking—I had had enough to recognise you—we had small lemons between to keep ourselves right, so as not to become quarrelsome—I am deaf from the blow I got on my ear from the man who is doing 18 months.
ALBERT HANDLEY (Detective, J). I arrested the prisoner on June 24th, about 8.30 a.m.—I said I wanted him for being concerned with Charles Chapman and another man not in custody in assaulting Michael Delaney on April 17th, and stealing two watches and a chain, value £4 10s.—he said, "All right; I suppose I have got to go when my turn comes as well as the others"—he was taken to the Police-station, put with nine others and identified—he made no reply to the charge—Chapman was sentenced to 18 months and 20 lashes on May 8th by the Recorder.
Cross-examined. You did not answer me, "I suppose I must go; I do not know"—I made a note at the time.
The Prisoner, in his defence, stated that he could not recollect where he was three months ago, but as the prosecutor was drunk, he ought not to be convicted on such unsubstantial evidence, when probably there was a mis Lake.
GUILTY .—He then Pleaded Guilty to a conviction of felony at Clerkenwell in August, 1896; and five other convictions were proved against him.— Eighteen Months' Hard Labour and Twenty Strokes with the Cat.
MR. HUTTON Prosecuted, and MR. WARBURTON Defended.
GUILTY .— Six Months' Hard Labour.
OLD COURT.—Friday, July 28th, 1899.
Before Mr. Justice Ridley.
MR. HUTTON Prosecuted.
GUILTY .— Five Years' Penal Servitude.
MR. WARBURTON Prosecuted.
GUILTY .— Seven Years' Penal Servitude.
Before Mr. Common Serjeant.
GEORGE MELVIN . I am a tally clerk—on July 11th, between 4 and 5 p.m., I was on Quay No. 24, Royal Albert Docks—the barge Ada was being loaded, and the prisoner was in charge of her, checking the cases of tobacco lowered into her—I examined them before they were lowered—they were fastened with iron bands, and it was not easy to undo them—they were very strong cases, and boxes inside them—No. 62 was damaged, and I heard Cox call out that it required to be recoopered, as it was ullaged, and I sent for a cooper—it was broken at the head, but not enough to enable a box to be taken out—it had been on board 10 minutes.
Cross-examined by MR. WARBURTON. I have seen the prisoner working there 3 months—the boxes were going to New Zealand—directly Cox called out, the box went back on the sling—I take the numbers as they come, 4 at a time, but they do not come consecutively—this case must have been opened and the case taken out and fastened down again.
Re-examined. I check the marks and numbers of each box.
JAMES SHEVLIN . I am Examiner of Customs at the Royal Albert Docks—I was on duty there on July 11th, and Cox came from the Ada and said, "There is a case broken, and I want it examined"—I gave my consent, and Case 62 was relanded—the lid had been prised open and put down again, but it might have been damaged by falling on the end—I examined the contents, and one box was missing—Cox was there—I
said, "This box must go into the hold of the ship or barge"—I asked the clerk how long the case had been in the shed—he said, "It came out of the ship today; it has not been in the shed"—they are invariably put in the shed—Cox said, "It is not in my barge," and I followed him—he pointed to the wrong barge first—I went on to it, and saw Cox going into the cabin of the Ada—I said, "The box is in here"—he said, "It is not"—I said, "You had better search," and asked for a match—he was sitting at the entrance of the cabin, and I said, "You had better get up!"—he did so, and I found this box behind him—I could not see it while he was sitting down—I said, "Take it up; I shall charge you;"and took him to the station—it gave me the impression that it was put there to evade the duty, which was 5s. 10d., for the 2 1b., £5 18s. 7d. altogether.
Cross-examined. Other people had access to the barge—he said, "I know nothing about it; I was out of the barge some time; it must have been done when I was absent"—it would take 5 minutes to go from the barge to the Ashburton Coffee Palace, and 5 minutes back.
THOMAS TREW (Dock Detective), On July 11th I saw Cox in the dock at the Police-office, at 5.30, and said, "Where did this box come from?"—he said, "This box has been in my charge in the cabin of the barge."
Cross-examined. What he said was, "It was found in the barge cabin which I was in charge of"—other persons, Kennard and Mason, were employed on the barge, but they were not there that day—the iron bands went right over the lid.
J. SHEVLIN (Re-examined). The iron bands went over the lid like a wire, and if the nails were drawn out the iron would come off—I do not know whether they were drawn out, but it would be difficult—I do not think a man could do it in less than 5 minutes—two other men were employed on board, I do not know whether they are here—one man would receive the cases as they came down on the sling—I do not think the case could be opened by either of those men without the prisoner's knowledge—there was another barge alongside, the Shanghai, so it is quite possible the box might have been taken out of the Shanghai.
NOT GUILTY .
539. JOHN BRIEN (46) , Feloniously wounding Mary Smith, with intent to do her grievous bodily harm. He stated that he was Guilty of unlawfully wounding, and the JURY found that verdict — Twelve Months' Hard Labour.
MR. METCALFE Prosecuted.
ELIZABETH SMITH . I am the wife of John Joseph Smith, of 81, Dale Road, West Ham—on March 30th my husband's silver watch wanted repair—I took it to Mrs. Hamann's shop, and left it with the prisoner, who said that I was to call for it on Saturday—I did so, and he said that it was not done, but if I called in the evening it might be ready—I called, and he said that it was not done—I called again a week later, but did not see him—on June 1st I saw the watch at Mr. Hall's—this is it.
GEORGE BLOWES . I am manager to Joseph Edgar Hall, pawnbroker, of 177, East India Dock Road—I produce this watch; it was pawned on April 1st for Annie Marsh—it had not been redeemed when the prisoner was taken in custody.
MINNIE MILLARD . I am Mrs. Hamann's sister—the prisoner has been 15 months in her service as a watchmaker and jeweller—he had no right to pawn anything he had to repair—after he left I went to 4, Ashburton Road, and saw his wife, whom I knew—she gave me 8 pawntickets; this is one of them.
GERTRUDE HAMANN . I am a watchmaker and jeweller, of 47, Rathbone Street, Canning Town—the prisoner was in my service up to April this year as a watchmaker, at a salary of 27s.—it was his duty to take in watches and repair them, but he had no right to take them off the premises or to pawn them—he left without notice; he had been paid—on June 15th my sister brought him into the shop, and I gave him in custody.
FREDERICK WATTS (781 K). On June 15th, about 10 p.m., Mrs. Hamann gave the prisoner into my custody for stealing watches—he said, "I have stolen no watches; it is all lies"—I heard him charged with stealing Mrs. Smith's watch—he said, "Well, I did pawn that watch."
GEORGE REED (Detective Sergeant). On June 23rd I was at West Ham Police-court, and the witness Blowes pointed out the prisoner as the person who had pawned the watch—I saw the prisoner's wife, and have seen their marriage certificate.
Prisoner's Defence: I went away; I did not run away—there were some tickets before this—I had no idea of depriving the prosecutrix of the watch.
GUILTY .—The prosecutrix stated the prisoner had pawned 29 watches, some gold earrings and other articles. There were two similar indictments against him.— Twelve Months' Hard Labour.
MR. OVEREND Prosecuted, and MR. SANDS Defended.
THOMAS MARTIN (Inspector). About 4.40 a.m. on July 4th I saw the two prisoners in Fairlight Road—they went into Wood Road and Havant Road—they stopped and stood facing one another, Purkiss left White and went on to some green sward by the side of the road—White was looking up and down the road, apparently watching—Purkiss then drove the ducks which were there from the sward into the road and rejoined White—they went down into Lee Road—Purkiss went in front of the ducks into Lee Road, and when he came out of Havant Road he had a stick—then a policeman came up—I gave him certain directions—I doubled up Lee Road and saw the prisoners with the ducks—they then left them—the constable was approaching them in front, and when they saw him they left the ducks and walked past him—I stopped the prisoners and said, "I shall charge you with stealing those ducks"—White replied, "You did not see me touch them, did you, governor?"—Purkiss said, "You have made a mistake; I thought they were mine"—I took them
to the station, and charged them—on the same morning, on the way to Stratford in a cab, Purkiss said, "I sold the ducks to the prosecutor."
Cross-examined. Purkiss works with his brother—I have seen no other docks on this ground; there are some fowls there occasionally—the prosecutor lives 120 yards away—Purkiss's place is 220 yards off—the prisoners walked about half a mile while I was watching them.
Re-examined. The ducks that belonged to Purkiss's brother were full grown; the prosecutor's ducks were small ones, about seven weeks old.
JOHN COLLER (558 N). About 5 a.m. on July 4th I met Inspector Martin at Wood Street, Walthamstow—I saw the two prisoners walking sharply away; Martin was following them—I stopped Purkiss—Martin said to the prisoners, "I shall take you into custody for stealing those ducks"—Purkiss said. "You have made a mistake, governor; I thought they were ours"—White said, "Yes, you did not see me touoh the ducks, did you, governor?"—they were taken to the station.
Cross-examined. I know Joe Purkiss's place; it was about 130 yards off; they were going in that direction—there was nobody about at all then, only an odd man going to work.
FREDERICK INCH . I am a baker, of Shernhall Street—on July 3rd I had 35 ducks in my possession—I saw them in the evening, and next morning I saw Inspector Martin—the gates of my yard were open—the ducks could run on to the green sward—Martin showed me 22: ducks; they were mine—I put down their value at £1 12s. 6d.—I made a charge against the prisoners.
Cross-examined. It does not pay me to come here over a few ducks—they were white ducks, with yellow feet, yellow legs, and long beaks—I had not bought any of them from Mr. Graves—I had bought some from him—he got them from Purkiss, but not these—I had had these ducks about 10 days—they were running about on the grass, like other ducks.
By the COURT. I do not think there was anything to show that they belonged to me.
Purkiss, in his defence, said that his brother had lost 14 while ducks between June 30th and July 1st; that he was called by White at 3.40 a.m., who told him that their ducks were all out; that he went downstairs and went across the field, and saw the inspector; that he saw the ducks, and thinking they were their's, "hunched" them towards their home; that he found they were not his brother's, so left them. White said that he saw the ducks, and thinking they belonged to Mr. Purkiss, called the other prisoner and then tried to drive them home, and while driving them home Purkiss said that they were not his, and so they left them there, and were then arrested.
JOHN PURKISS . I live at 42, Wood Street, Walthamstow—I deal, among other things, in ducks—I had a large quantity of them—they sometimes strayed—I saw them at the Police-court—there was nothing to distinguish them from the ones I lost.
Cross-examined. I had over 40 ducks at this time—I gave 15d. each for the ducks I bought—I could not get a fullgrown duck for that.
NOT GUILTY .
Before Mr. Recorder.
MR. GILLESPIE Prosecuted; MR. LEYCESTER and MR. MUIR appeared for Weatherburn, and MR. DRAKE for Lee.
GEORGE THORN WOOD . I am managing director to Wood and Dixon, wax vesta manufacturers, of Upton Park—Weatherburn was a clerk there and Lee a carman—we supply the trade with matches—orders are sometimes brought by our carmen—it was Weatherburn's duty to enter the orders in the order book, and when the time came for delivery he was handed a label and superintended the putting the case into the van—the loading of the van was under his immediate supervision—every packet bears a label of what the contents are—he did not keep them made up on the premises—he had to make out an invoice of each parcel and give it to Lee, a press copy was put in this book (Produced)—Weatherburn had to check Lee's van, and no parcels were put in except those labelled and invoiced—Lee was permitted to receive money and give a receipt, and bring the money at night to Weatherburn, or some responsible person, and get it receipted—if Lee brought back the money, it would be entered against him in the ledger—there is no entry in this carman's receipt book of a sale of seven gross of boxes of matches to Mrs. Burroughes—if there had been it should appear in the ordinary course—nor is there an entry of a sale of two gross on April 6th to Mr. Impitt for 7s. 6d., nor of a sale of 10 1/2 gross to Mrs. Burroughes on April 20th for £2 2s. 10d.—those sums have never been carried to the credit of the firm—there is no order that I can find for those sales in the order book—we had no notion that the prisoners were dealing with them.
Cross-examined by MR. LEYCESTER. Weatherburn had to do with the carman's receipt book—his instructions were to take no money that he did not initial for in this counterfoil book—when Lee gave a receipt he would fill up this receipt form, and tear it out and stick it on to the invoice, and would enter on the counterfoil the name of the customer, the date, and the amount he received, so that the only entry of Weatherburn's in the book would be his initials when he received the money—£5 went astray, received by Lee from Mrs. Reece, and we cannot trace it—he did not deny that he had received the money—that would be last November—Weatherburn was not the only person who would make entries in the invoicebook—I would occasionally, if the order passed through my hands—we had no other carman besides Lee—I was away a good deal, and Weatherburn had charge of the factory in my absence—I travel as well—he had been in our service since April last year—I took him on his brother's recommendation—Lee has been in our service about two and ahalf years—our chief customers are tobacconists—Lee would account to me or to Weather burn for goods he received—Weatherburn would be at the factory at about 7.30 a.m., and Lee earlier—he had a key.
Cross-examined by MR. DRAKE. Lee had to fire the boiler—it was impossible for him to take matches away in his cart without Weatherburn knowing—they were not locked up, and he could get the labels, but he
could not get them labelled—he girl is paid 1d. a gross for labelling—he does not know how to label them; and no one can who is not accustomed to it—his only duty is that of carman, besides firing the boiler—his deliveries would take him the greater part of the day—Weatherburn had authority to employ a carman if necessary—the labels were not locked up—we do a fair business with May—I have had an order for 70 gross from May; we should probably make 100, and send him 70 and put 30 in our store-room, and Weatherburn would know that he had 30 gross left, and if he found 15 gross gone he would know he had been robbed.
WILLIAM IMPITT . I am a tobacconist, of 538, Barking Road, Plaistow—I have bought matches of Lee, which he supplied from a van, having the name "Wood, Dixon and Co." on it—about April 6th I purchased two gross for 7s. 6d.—he did not give me a receipt or invoice, nor did I sign a book—he solicited the order—I have not personally been in contact with Wood, Dixon and Co.
Cross-examined by MR. LEYCESTER. I began dealing with Lee about March, 1898—I had not seen Weatherburn, to my knowledge, till I saw him at the Police-court.
ESTHER BURROUGHES . I manage a tobacconist's shop at 118, Belvedere Road—on February 23rd I bought seven gross of boxes of matches of Lee, and on April 20th 10 1/2 gross, for £2 2s. 10d.—no receipt was given, nor was I called to sign a book—there was no invoice.
Cross-examined by MR. DRAKE. I always paid him in cash.
LEWIS LIDALOW (Detective Sergeant, K). At 2.30 on January 18th I went with Detective Scrimshaw to Weatherburn's house, and saw him—I mentioned other matters to him which are not in this indictment, and took him into custody for stealing £5—he asked if there was any other charge—I said there might be one relating to the pettycash book—he said, "All right."
GEORGE SCRIMSHAW (Detective, K). At 5.45 on June 21st I went to Wood, Dixon and Co's factory, and saw Lee—I said, "It is suspected that you have been in the habit of selling matches from your van when out on your rounds, and they mean to give you into custody for stealing a lot of matches which you sold to Impitt, of Barking Road—he said, "I did sell matches of my own; a week last Monday I served Cooke, of Poplar, with six gross, and he gave me a cheque for £1 7s. 6d—I gave him a receipt, but not the others; I am allowed 3d. a gross commission by Weatherburn, and I paid all the money to him—sometimes I was paid before I went out; I have not had my commission for Cooke's lot yet"—on the way to the station he said, "I am going to tell the truth about it"—he was charged, and in reply he said, "I never thought it was coming to this"—I spoke to Weatherburn on June 24th, when I saw him with Lee at the Petty Sessions—I said, "You are going to be charged with being concerned with Lee in stealing a quantity of matches, the property of your employers"—I then read him the statement made by Lee, and said, "You will be further charged"—he said, "All right"—I also said to Lee, "You will be further charged with stealing a quantity of
matches, the property of Wood and Dixon"—he made no reply—I had told him I was a police-officer.
Cross-examined by MR. DRAKE. Lee said that in one instance a cheque was paid to him for £1 7s. 6d.—he did not tell me of his being paid in cash in other instances.
Weatherburn., in his defence, said he had no idea that Lee was selling matches to Mrs. Burroughes or Impitt; that when Lee paid him money he signed for it in the small book produced, and entered it in his account book, and he knew nothing of the sums mentioned in the indictment; that he went to the factory about 7.30 a.m., and Lee got there earlier and it would be possible for Lee to take matches without his seeing it done.
Lee, in his defence, said that Weatherburn checked his deliveries, and made out the invoices, and told him to whom to deliver them; that he received a commission from Weatherburn, and thought it right, and that the money would go into the firm's account; that the only time he was paid by cheque was in the £1 7s. 6d.; and that he had commission from Rostyn, who was Weatherburn's predecessor.
WILLIAM JOSEPH COOKE . I purchased six gross boxes of matches from Lee on June 13th—I had dealt with the firm before—this paper is not the regular invoice of the firm—I paid him £1 7s. 6d. by cheque—I made out a receipt, which Lee signed—in former transactions I have not written out a receipt like this.
Weatherburn received a good character. NOT GUILTY .
LEE— GUILTY .— Nine Months' Hard Labour.
GEORGE T. WOOD . It was part of the prisoner's duty to give out work to the people, and he was entrusted with a certain amount of petty cash to disburse, and enter the payments in the box book (Produced)—I find entries of payments of 3s. 4d. on May 2nd and 19th, 1899, and 4s. 2d. on June 2nd, to Mrs. Waterman, in prisoner's writing—another book contains entries of loans on June 3rd and 16th, 1899, of 2s. and 1s. to Mathews, and 2s. on June 16th to Ebenezer Wood, also in bis writing—he has written those down as a memo., to account for his having no petty cash—he should have had £1 9s. in hand.
Cross-examined. This is his subsidiary petty cash book, supplied to him by us—it is not part of his duty to advance small loans to our servants; he does it on his own account—if not repaid, they would be stopped out of their wages on Saturday—in this book he enters the amounts he pays to people who make the boxes—Mrs. Waterman was employed as a matchbox maker at her own home—she would come to us for materials, and then bring back the completed boxes and hand them to Weatherburn—the girls did not fetch the money for her; it has never been the practice.
EMILY WATERMAN . I live at 5, Brookes Road, Plaistow, and make matchboxes for Wood and Dixon—on Friday, April 10th, I took away materials for ten gross—I took back nine gross, and was paid for them—I did not receive 3s. 4d. from the prisoner on May 2nd—I remember the date, my husband having died on that day—I did not go to the factory that day—I did not receive 3s. 4d. for eight gross on May 19th.
Cross-examined. I did not receive 4s. 2d. on June 6th—on June 16th I took in nine gross—I did not receive 4s. 2d. from the prisoner—I said at the Police-court, "I made up ten gross, and took them to the factory on June 16th myself, and saw Weatherburn, and he paid me 4s. 3d.—he said, "Will you take any more?"—I said, "No, not until I have finished those I have"—the prisoner always paid me himself when I took the work in—I gave no receipt.
The Prisoner, in his defence, stated that the turns the last witness denied receiving he paid out to on; of the girls, as he often did to give to her, and that he paid for all the work that came in, but could not tell which girl it was; and that work was given out to Mrs. Waterman on the day her husband died.
GUILTY .— Four Months' Imprisonment.
NOT GUILTY .
MR. SANDS Prosecuted.
PAUL BRINKMAN (Interpreted). I am a German; I buy horses to send to Germany—on May 27th I bought three horses, with my brother Karl, with my father's money; I bought two of them at the Elephant and Castle, and the other at Aldridge's, at Charing Cross—I paid between £50 and £55 for all of them—I saw Cohen at the Elephant and Castle; he acted as interpreter for me—I had known him about three months, when I took the horses away Cohen went with me, because I could not speak English, and he was acting as interpreter for me—we went to Whitechapel to take the horses to a stable in Button Street—eight days after we went to Ilford, to Mr. Wiskar's farm; I saw Mr. Wiskar there Cohen did the talking—I had asked Cohen if he knew a place where I could send my horses for a time, and he told me that Wiskar would take them in at the farm—he told me they would cost 5s. a week to keep, and 1s. for shoeing—we came to terms that the horses were to remain there—I was at Cohen's house when he was arrested, and he denied that he had any receipt for the horses—before he was arrested my two brothers had been to the farmer—one of my brothers went by the name of Fittlecock, and Cohen knew it.
Cross-examined by Cohen. The horses belonged to me before they were taken to grass—you know very well that they belonged to me—I knew my brother was at the hospital—I wanted to keep the horses at grass while I bought some more—I have been two or three times to the German Hospital—I did not go to say "Goodbye" to my brother, because I
would have nothing more to do with the horses—I told the detective that I had not been out to the field, but my brother and father had, and when they came home they said that the horses had been stolen, and that you had fetched the horses—I then went to the Police-station with Mr. Wiskar, and told them there, but they would not aceept the matter—Mr. Wiskar afterwards asked them to take you into custody—my brother Charles paid the money for the horses, but it was supplied by my father—before the horses, went into the field they were handed over to me—my brother Charles bad an accident on May 26th—he did not say that he would have nothing more to do with the horses, or that if you had occasion to sell them you could do so—he always said they belonged to me—he went to Germany before the summons was issued—I know a letter from the General Steam Navigation Company was found on you—the detective asked where you got it from, and I said it was probably given to you by my father or brother for translation—you advised me to withdraw the charge and I said I would if it could be done legally, and if I could get the horses back—you said it was not a stealing matter—I went to the Navigation Company's office to see when the ship started—you had nothing to do with the money part—you advised me to go to the Continent and look out for a position—when I came to England in March I had no intention of staying here long—the farmer gave you a receipt for the horses—I have known you since March—we have been together nearly every day.
HUBERT DUCK (Detective Sergeant). I was present at the Police-court when Cohen was charged—I heard Walter Lines Wiskar give evidence; both the prisoners cross-examined him—he is now dangerously ill, and cannot attend the Court—this is a certificate from the doctor—I saw the doctor write it—I saw Wiskar sign his deposition at the Police-station. (Read: "On May 27th I saw the prosecutor and Cohen at my farm, with three horses, a bay mare, a brown gelding, and one dark bay gelding, The prisoner Cohen said his name was Fittlecock, and represented himself as owner, and arranged to take them in to grass at 5s. per head per week, and I gave a receipt, now produced (No. 3). I next saw Cohen on June 7th, and the prisoner Foreman was with him. This was at my farm. I heard Cohen say to Horace Sheldrick, 'Come and see the horses.' Sheldrick said, 'Yes.' Cohen then said, 'I think I shall sell them to Foreman,' pointing to him, Cohen then asked Sheldrick whether the horses could be delivered. I said, 'If you will give me the receipt which I gave you for the horses, and pay me for their keep, I will deliver the horses.' They then went away to look at the horses. At about 4 p.m. the same day the prisoner Foreman, with another man, not Cohen, came, and Foreman said, 'I have come for the horses I bought from Fittlecock,' and he handed me the receipt, paid me 24s. for their keep, and I handed him the horses.
Cross-examined. On the first occasion when, Cohen came, three were present when the horses were bought. I knew Cohen at that time as Fittlecock. I am certain he did not say he came from Fittlecock.")
ALFRED WALDUCK . I live at 4, Station Road, Forest Gate—Foreman came to my shop on June 11th, and asked me to lead him some money to pay a deposit for some horses; I lent him £2 14s.—I went into the Parliament House, a beershop; I saw Cohen there—Foreman gave him
a receipt; I saw it written (Produced)—Cohen went by the name of Fittlecock—I did not know anything about him—I knew Foreman as a decent man, so I lent him the money—I saw htm give the man at the farm a receipt—I did not look at it; I gave him £1 48. at the farm—he gave it to Mr. Wiskar to pay what was due for the horses' keep—I was with him when he took them away.
By Hie COURT. Foreman was a respectable man, so far as I knew.
Cross-examined by Cohen. I never saw you before.
Cross-examined by Foreman. I lent you £6 6s. altogether.
FBEDBRICK FOSTER . I live at 30, Bristol Road, West Ham—I saw Foreman on June 9th in Angel Lane with a horse—he offered to sell it. to Mr. Thompson, my governor—he asked 50 guineas for it—Mr. Thompson did not buy it—I went to the station on June 24th, and saw the horses there—one of them was the one which Foreman had tried to sell—it was claimed by Mr. Brinkman.
Cross-examined by Foreman I told you to send a horse up to my master—the firm has bought two horses since.
HUBERT DUCK (Re-examined). On June 14th I found Cohen at Kennington Road Police-station—I told him he would be charged with stealing three horses, by means of a trick, belonging to Mr. Paul Brinkman—on June 7th he said, "I was present when he bought them; I did not steal them; it was a business matter"—I asked him what he bad done with them—he said he had sold them to a Mr. Foreman for £24—I asked him if he could give me the address of Foreman—he said, "No, I do not know where he lives; I believe he is a horsedealer"—he said be met him at Bethnal Green Railway Station, and he received £5 from him, and he was to meet him the following morning to receive the remaming money; he went to the station, and had seen nothing of him since till he was in custody—I took him to the station, where he was charged—he said there, "I am not guilty of stealing the horses; it is a money matter"—I had not known him before."
Cross-examined by Cohen. The proseoutor did not tell me the horses were bought with his father's money—you told me that he was not the owner, but his brother Karl, who was lying at the hospital—I found the letters from the Steam Navigation Company on you—the inspector did not ask the prosecutor how you got the letters—he did not say that his father had given them to you—you gave no account of them at all.
Re-examined. The letter from the Navigation Company was addressed to Mr. Brinkman, at 69, Stamford Street, where the prosecut or was lving—I believe Cohen was living there too, at the time.
LEWIS LIDDLELOW (Detective Sergeant). On June I7th, about 3.50 p.m., I went with Detective Gully to a stable at Forest Gate—I saw Foreman there—I said to him, "We are police-officers; I am going to take you into custody for being concerned with Cohen, incustody, forstealingand receivinig three horses stolen from Ilford on June 7th"—he said, "I know nothing about it; I do not know what you mean"—I pointed to one of the horses in the stable, and said, "I believe that is one of the horses"—I handed him over to Gully—the horses were identified—the prisoner was charged—he made no reply to the charge—Mr. Wiskar identified the horses first
—I knew the prisoners for about six months—I have seen them together frequently.
Cross-examined by Foreman. I did not speak to you at the station—I did not say that I did not know Cohen—I did not hear the name Fittle-cock mentioned till afterwards—you told me a man named Walduck had got the receipts—he gave them to me—you did not tell me at the station that you bought the horses fair and square—the horses were in very bad condition, and not worth half their value—you told me you paid £3 for food.
BENJAMIN GULLT (Detective). I went to Oakhurst Road and found Foreman—I heard what the last witness said to him—I took him to Forest Gate Police-station—on the way he said, "I did not steal them; I bought them. There is more in it besides me. Mr. Walduck has got the receipt"—I searched him at the station, and found a quantity of memo's and a stablekey—I opened the stabledoor and found the other horses—I have known Foreman about 12 months, and have seen Cohen with him for the last four or five months—I knew Cohen as Cohen.
Cross-examined by Foreman. I took two receipts out of your pocket* book—you did not ask me why you were locked up.
Witnesses for the Defence.
WM. BRINKMAN (Interpreted). I cannot remember giving you a letter from the General Steam Navigation Company—the horses were bought with my money—Charles paid for them, because he knows English better—they were my horses before they went to the fields, Paul wanted them, and I let him have them—he took them over at the price at which they were bought.
Cohen, in his defence said that Charles Brinkman told him, if he got a chance, to sell the horse as they would cost a lot of money to keep and he Could not attend to business because of his accident; that Paul said he would not have anything to do with him (Cohen) or the horses and asked him to ftmd them over to Germany, which he refused to do, so Paul said hat he (Cohen) must get rid of them, and so he asked Foreman to buy them.
Foreman, in his defence, said that he bought the horses from Cohen; that he did not know they were stolen, and that he bought them in a fair and square maniier.
FOREMAN— NOT GUILTY . The JURY could not agree as to COHEN, and were discharged, without giving a verdict as to him.
Before Mr. Justice Ridley,
MR. BIRON Prosecuted,
GEORGE ANDERSON . I live at 74, St. Margaret's Road, Barking—I know Frederick Norman; he is a potato salesman—I believe he is in the wholesale business for himself—I believe he has carts for carrying on his business—he lives at 47, Longridge Road—I do not know what rent he pays; it is a fairly large house—he lives there with his wife, the other prisoner—I am an elder of the Peculiar People—it is one of the tenets of our Church not to call in medical aid when people are ill; it shows a want of faith to do so—our opinions are based on passages in St.
James and St. Matthew and St. Mark—I have no medical knowledge—I heard that the little child, Grace Norman, was ill, and on June 27th I was called to the prisoners' house—I saw the child—it appeared to he in pain and in a fever—that was two days before it died—I cannot say exactly what she was suffering from; I thought it might be pneumonia, and I said so—I treated her according to the Word of God, laying on of bands, anointing with oil, and we prayed, and had faith—I saw her again on the Wednesday—she appeared worse—no doctor was called in, or any medicine given, no poulticing; we do not practise that—her chest was wrapped in wadding—no active remedies were applied to relieve her.
Cross-examined by Frederick Norman. I have known you about 12 years—I have been to your house from time to time—I have never seen anything but parental love and care for your little ones—my belief is that you cared too much for them, and the Lord took her away from you—I have never heard anyone speak ill of you.
Re-examined. I think the prisoners have had six children—three of them are now alive—I believe there were inquests on the three who died—I believe that on all three occasions no doctor was called in.
EMMA APPLETON . I live at 140, Ripple Road, Barking, and I am a ember of this sect—I was called in on Tuesday, June 27th, to see this little girl—I saw she was very ill; she was five years old—I went again no Wednesday morning—she was not so well then—I went again on the Wednesday evening, and I stayed with her till she died on Thursday morning—no medical aid was called in, or any medicine given her—I saw that she was in a dangerous condition—I thought that unless the Lord interfered she would die—it did not occur to me that if a doctor interfered the might live—I believed and trusted in the Lord.
JAMES SHIMILD . I am a qualified medical practitioner—I was ordered by the Coroner to hold a postmortem examination on the child's body—she died of pneumonia and pleurisy; she seemed to be a healthy child—all the organs were healthy, with the exception of the lungs, which were thin, but that might have been caused by illness—apart from the illness, there was nothing which would have caused her death—she appeared to be about five years old—if she was ill from June 21st to June 28th she would be pulled down—pneumonia yields to treatment—there are certain definite remedies which are a valuable assistance in fighting against the disease—they should be applied at an early stage—if a child was deprived of all active remedies, it would tend to increase the progress of disease—there are certain drugs which reduce fever—if the rover increases, it always tends to make the disease more dangerous—if the child had had medical treatment quite early, it is quite likely that its life would have been saved—of course, I cannot say, but the tendency of the ailment, as a rule, is to get better—if the fever does not go down, they generally die—if the fever goes down about the fifth or sixth day, which it very often does, the treatment is fairly easy; but, with this child, instead of the fever going down, the pneumonia went through into the third stage—the fever is usually arrested by medical treatment—if the third stage came about, 1 do not think it could have got well, however it was treated.
Cross-examined by Frederick Norman Your child did not seem very strong; it was not plump or fat, but none of its organs were unhealthy
—a healthy child would stand a better chance of recovery—if two doctor* at Barking say that 19 out of 20 cases die of this disease, I think they are quite wrong; it is quite the other way.
By the COURT. There was nothing to show that if she had been properly treated she would not have recovered.
ALEXANDER AMBROSE . I am Coroner for the Metropolitan District of Essex—I presided over the Coroner's inquiry' at the inquest on this girl—the two prisoners gave evidence—I produce their depositions—they were fead over to them, and theysigned them. (Eleanor Norman's depositionread: "I identify deceased as my daughter, Grace Norman, aged five years. My husband is Frederick Norman, a wholesale potato salesman. For the past week deceased has been unwell; she was sick on Wednesday, the 21st, and feverish; she refused her food. I put her to bed, and on the Thursday morning she was very feverish and thirsty; she only took light food. I kept her in bed all day. On Thursday evening I saw she was very ill, and I sent for the elder of the Peculiar People and he anointed her in the name of the Lord, and prayed for her; on Thursday night she was very restless; I was continually up and down with her; on the Friday bhe was still ill, but presented no new symptoms; on the Saturday she was rather better, but still in bed. She continued the same until Monday evening, when she grew worse, feverish, and coughed; at times she broiigbt up phlegm, which was a little inclined to be yellow. On Thursday sho waa very much worse; her breathing was laboured; on Tuesday morning she had loud breathing from the throat. We sent for the elder, and he anointed her again, and prayed for her; but she continued to get worse. On Wednesday she had various changes. We sent for Sister Appleton*,. she came, and helped me watch her. The child died on Thursday morrfing at 2.50 a.m. I have had bix children, three of whom are dead; there were inquests on those which died. I did not call in any medical aid, although I knew the child was very ill. The last day of its life I knew she was dying. I called in Mrs. Appleton, as I thought she might give me some advice or enlightenment as to what to give the child. She is often called in by our people here in castf of illness; she is not paid." Frederick Norman's deposition: *'T am the father of the deceased. I knew of her illness on June 218t. I saw her sick, and saw that she was feverish. I thought she had a bilious attack. She wa? worse next day. I sent for the elder, as I considered her ill. I saw her every day, and several times a day. My wife and I were quite at one as to our treatment of the child. The child had beeftea, port wine, patent barley water, warm milk, and oatmeal gruel. We used no poulticing.")
Frederick Norman, in his defence, said that he did not call in medical aid simply because it was against the tenets of the sect and not because he could not afford it. or because he wanted to break the law; tliat the Lord had taken care of him and his wife and children all of whom were supposed to be weak; and that he could not call in medical aid, as it was against his belief. Eleanor Norman, in her defence said that it was against her belief to call in a doctor; that the Lord Had helped her a number of times, and that He had stepped in on their behalf many times, and on behalf of others.
NOT GUILTY .
MR. BIRON Prosecrted
The witnesses repeated their former evidence.
GUILTY .—FREDERICK NORMAN— Six Weeks , ELEANOR NORMAN— One Months imprisonment.
GUILTY .— Seven Years Penal Servitude.
MR. NOLAN Prosecuted.
NOT GUILTY .
Before Mr. Justice Ridley.
MR. SYMONDS Prosecuted.
WILLIAM HSNRY HEDGES . I am a woodsawyer, of 37, Alfreda Road—the prisoner is my wife—on June 12th about 10.30 p.m., I was in the Spotted Cow public-house, at Hither Green, Kent—a boy came and spoke to me, and I went and saw my wife—she said, "Good evening, Mr. Hedges; I am going to have an end to this life"—I did not know what she meant; she said it several times—I had not had a quarrel with her—we were not living together, because she left me—we had a drink there; she paid for it—she said to me,"Harry, you are always along with some woman"—I said, "You believe other people before you believe me"—she then said that the job was done—I did not know what was done—I looked down, and saw a knife in my chest; I pulled it out with my left band and threw it on the floor—I went outside, and then the potman came out—I was afterwards taken to the hospital—I was there a fortnight—I was quite able to come out the morning after I went in; it was simply a prick—this is the knife (Produced)—I had my coat on; it went through my waistcoat.
Cross-examined by the Prisoner. I went down to South Acton on. July.3rd to see you, but you would not see me—I do not know if you have complained about me at the Police-station—I have not been summoned here by you; I have at Oxford—it was for walking across a field with another woman.
By the COURT. I have never struck the prisoner, or used any violence to her—I have struck herseveral times, and she has me—I have never been struck with a weapon before—when I was summoned at Oxford I got 14 days—I don't know what I was summoned for, except walking
across the field with another woman—I am in the habit of drinking—I have never had delirium tremens, that I know of.
WILLIAM ROSE . I am an ironmonger, of 179, New Cross Road—on June 12th the prisoner came to my shop about dinnertime, and asked for a heavy clasp knife—I showed her several, and she took up two, and asked which was the stronger—at last she bought this one (Produced)—she said she wanted it for her husband.
CHARLRS NORRIS . I am a plumber, of 12, Ardman Road, Hither Green—on June 12th I was by Barrett's beer-shop; the prisoner came up and asked me if I knew where Mr. Sorrel lived—I said, "Yes"—she said, "Do you know one of the lodgers?"—I said, "Which one do you want?"—she said, "Mr. Hedges"—I went across to the house where he was—I returned to the prisoner and said that I had given the message—she gave me 3d., and I went away.
EDITH GIBSON . I am a barmaid at the Spotted Cow, Hither Green—on June 12th Mr. Hedges came in about 10.40p.m.—I knew him by sight—a woman was with him—I served them—the prisoner paid—I went to the other end of the bar—I heard scuffling about two minutes afterwards, and sent the potman round—I do not know the woman who came in with Mr. Hedges—the prisoner came in afterwards and asked her husband if he would have a drink.
THOMAS PALMER . I am potman at the Spotted Cow—on June 12th Miss Gibson called me, and I went round to the jug department, and saw the prisoner standing just inside the door—she had a knife in her right hand, which was covered with blood—I saw the prosecutor standing outside the door, holding his chest—blood was running down his front to the bottom—of his boots—he said to me, "She has done for me; what shall I do?"—J advised him to go to the doctor—the prisoner could hear what he said—I asked her to put the knife away, and she refused—she said if anyone interfered with her she would do the same—I closed with her and called upon a constable to take the knife away from her—she said she was sorry it was not the left side instead of the right that she had stabbed him—he was given into custody, and the prosecutor was taken to the infirmary.
ALBERT LAOYDS (541 P). I was called on June 12th, about 10.40 p.m., the potman had hold of the prisoner's left arm—she had a knife in her 'left hand, with Mood on it; I took it from her—Hedges was just outside the door—he said, "Oh! policeman, look what she has done; look at the blood running down my trousers; take me somewhere as soon as you can—the prisoner could hear that, and said, "Yes, I did it; I am sorry I did it on the wrong side; Idid it because he was living with a dirty woman"—I took the prosecutor to the doctor's first, and then I took the prisoner to the station—another constable took the prosecutor to the infirmary—I do not know whether he was living with another woman.
FRANK PIKE (Sergeant, P), On the morning of June 13th I took the. prisoner to the Police-court in a cab—on the way she said, "He has asked for this long enough"—I told her it was a serious charge, and I should take a note of what she said—she said, "It is well you should know, but you cannot get away from the truth; I bought the knife at a shop at New Cross yesterday on purpose to do it with; I gave a boy 2d. to go and fetch him out of doors; we went to the public-house toother, and I
said to him, 'I am going to pat an end to this life to-night He did not seem to understand that I meant to do anything to him. He had some beer; I called for some whisky, but did not drink it"—I charged her with attempting to murder her husband—she simply said, "Yes"—I have made inquiries about both of them—the man formerly lived with the prisoner for many years at Oxford they are man and wife—he is a. sawyer—he is given to drink at times—he works very hard when not in drink, but when he is he is very violent to her—once he was sentenced to 14 days' hard labour for assaulting her, and about two years ago he was summoned for assaulting her, but he did not appear at the Court, and a warrant was granted for his arrest—it is difficult to prove whether he is living with another woman—the woman he is lodging with is married, and her husband is in the house.
JOHN FRANCIS BILL . I am medical officer to the infirmary at Lewisham—the prosecutor was brought in, suffering from a wound in the right side of his chest—he was in a state of collapse—I found, on examination, that he had a punctured wound between the second and third ribs—the direction was oblique—he was covered with blood from his neck downwards, and it ran out of his right boot when he was undressed—the wound had gone down to the ribs, and had been forced outward, and had gone between the ribs into the armpit—the knife had penetrated about an inch—the ribs had stopped it and turned it—it was not a dangerous wound; the danger arose from the quantity of blood he had lost—he was under my care from the 12th to the 27th—he had symptoms of delirium tremens—he admitted that he had been drinking, and shock and the loss of blood will very often bring on delirium tremens when a man has been drinking—this knife is sharp, and a moderate blow would cause it to penetrate.
The Prisoner, in a written defence, said that her husband had been very unkind to her; that the could not live with him because he wse so cruel to her, and that he lived with another woman; that the was very sorry for what she had done, and that she would go right away, so that the prosecutorcould not find her.
GUILTY of wounding under great provocation . She received a good character.— Six Months' Hard Labour.
MR. GRAZEBROOK Prosecuted.
GUILTY of the attempt .— Eighteen Months' Hard Labour for each offence, to run concurrently.
Before Mr. Recorder.
Before Mr. Common Serjeant.
555. WILLIAM SAUNDERS (29) PLEADED GUILTY to having a mould in his possession for making crown pieces; also to having 96 counterfeit crowns and three counterfeit half-crowns in his possession, with intent to utter them; having been convicted of a like offence at this Court on January 9th, 1893. Severed similar convictions were proved against him, and a former sentence of seven years' penal servitude expired on January 8th this year.— Seven Years' Penal Servitude.
Before Mr. Common Serjeant.
556. WILLIAM HOLLOWAY (61) PLEADED GUILTY to burglaryin the dwelling-house of Frederick Bates, and stealing seven silver spoons and other articles. ix previous convictions were proved against him.— SThree Years' Penal Servitude.
MR. BLACK Prosecuted.
WILLIAM COLE . I am a printer, of 81, Southwark Park Road—on June 26th, about 11 a.m., I met the prisoners at a public-house, opposite St. George's Church, and spoke to them—they fallowed me out; they knocked me down and kicked me, and took ray money from my pockets—I was the worse for drink—I became insensible—I had 10s. when I came out, and I had 6s. left, because I changed a 5s. piece, and I had 2s. in my pocket before that—I drank with them in the public-house—they were strangers to me—I had left home at 6.30, and stayed at the, public-house drinking from 7 o'clock till 11—I am not married.
Cross-examined by Turner. I do not remember being turned out of the public-house, or having a fight there.
EDWARD STAMP . I am a labourer, of 27A, King Street—on June 26th I was in Merrick Square, and saw one of the prisoners holding Cole by his throat, and the other rifling his pockets—something fell on the ground which sounded like money; Turner picked it up—they were all drunk—I saw the prisoners taken into custody—I saw them strike Cole with their fists, but did not see them kick him—he was up against the railings—he got a black eye, all bleeding.
JOHN CARTER . I live at 17, Baker Street, Vauxhall—on June 26th I was in Merrick Square and saw the prisoners and Cole—they knocked him down and picked him up again, and Turner took the money from his pocket—he had a black eye—they rushed out of the square towards the Dover Road, and a gentleman gave them in charge—they were the worse for drink.
Cross-examined by Turner. You left the man lying on the kerb—I am sure you struck him—he did not fall down two or three times.
SIDNEY CHAPMAN . I am a solieitor, of Merrick Square—on June 26th, about 10.40, I saw the prosecutor and the prisoners—Cole was very drunk, and the prisoners less so—they began fumbling him about, and fell on top of him, but they got up and pulled him up—he seemed to to want to get down again, and Newman began dancing round him, pugilistically—they got him on his legs three or four times, and struck him, down he went—he was
not boxing with them then, but later on he seemed to defend himself—it was getting serious, and I left my house, and saw them go down on top of him again, and saw some action going on, but I cannot say what, as immediately I came out they left him in a corner and walked away—I followed them and gave them in custodoy—I went back, and he was bleeding from a wound about an inch long under one eye, and his pockets were inside out.
JOHN CABAN (Policeman M). I found the prisoners detained at the station; they were put with other men and identified—I found four shillings in the lining of Newman's cap and 7 1/2 d. in his waistcoat pocket, and in Turner's waistcoat pocket sixpence—Newman said nothing—Turner said, "You have made a mistake"—next morning, at the Police-court, Newman said, "We were having a scramble: I own I picked up two or three halfpence"—no money was found on Cole.
The Prisoners, in their statements before the Magistrate, and in their defences, said that they were three drinking in a public-house, and then went into Merrick Square, where they began tapping, and Cole fell and hurt his face, and dropped some money, which Newman picked up; and that they refused to serve Cole at several public-houses.
J. CABAN (Re-examined). I did not see the prisoners till an hour afterwards—they were then drunk—Turner was the worst—Cole was drunk, and suffering from a blow on his eye.
GUILTY .— Six Months' Hard Labour each.
Before Mr. Recorder.
558. FRANCIS BUENO KAHLER (21), MAX MULLER (20), and PAUL BAR (19) PLEADED GUILTY to stealing a purse and other articles, value £4, the goods of William Warman ; Kahler having been convicted on August 26th, 1897.—KAHLER— Three Years' Penal Servitude. MULLER— Fifteen Months' Hard Labour. BAR— Fifteen Months' Hard Labour . And
(559) ERNEST HENRY COLTMAN (27) to stealing orders for the payment of £20, £47 2s., and £30 6s. 6d., of Henry Kibbels, his master.— Eight Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. WHIPPLE Prosecuted.
CHARLES TOUT . T am a beerhouse keeper, of 108, Cornwall Road, Lambeth—on June 22nd, about 7 p.m., I was about 50 yards from my house, just coming out of the urinal in Waterloo Road, when the prisoner suatched my watch-chain and ran away—he said, "You are the b——I met at the Derby"—I ran after him and caught him about 14 yards away we had an up and down, and I happened to get the best of it—my son assisted me—I gave the prisoner in charge.
Cross-examined by the Prisoner. I cannot say how many men were in the urinal; it only holds three—my chain was through my button-hole—I did not throw you to the ground; you fell first—at the station I thought I had lost my watch—the bar was broken off.
father—I ran up and assisted him; I caught hold of him, and we gave him into custody.
Cross-examined. When I came up you were on the ground, with my father on top of you; that was about 50 yards away from the urinal.
FREDIRICK FUSBRUGER . I live at 133, Wandsworth Road, and am a ticket collector on the South-Western Railway—on June 22nd, about 7 p.m., I saw Mr. Tout leaving the urinal—I saw the prisoner go up and push him, and then run away—he slipped and fell, and the prosecutor overtook him—I did not know at the time that he had had his chain stolen, but after the scuffling was nearly finished I inquired what was the matter, and the prosecutor told me in the prisoner's presence that he had lost his chain—nobody was near the prosecutor when the prisoner pushed up against him.
Cross-examined. I was standing at the corner on the pavement within 20 yards of you—you ran behind a cab; you fell about half a dozen yards from the urinal—I did not go to the station because I did not think I should be required.
FREDERICK MILLS (19 LR). The prisoner was brought to me by the prosecutor and his son—he was charged at the station; he made no reply—he said to the prosecutor, "Was I ever out of your hands till you handed me over to the constable?"—the prosecutor replied, "Yes; but not out of my sight"—the prisoner said, "Could Ihave thrown it away?" meaning the chain—the prosecutor said, "You might have done."
The Prisoner, in his defence, said that as he was coming out of the urinal the prosecutor rushed out, like a madman, and knocked him over; that they struggled, and he (the prisoner) got up and got about three yards away, but slipped and fell, and the prosecutor's son came up; that they went to the station, and the prosecutor said that he had lost his gold watch; then he said he had lost his gold chain, and that it was as easy for some men to go home and say that he has had his chain snatched as it is for him to get rid of it by other roads.
GUILTY .—He then PLEADED GUILTY to a conviction at Manchester on February 23rd, 1898.— Eighteen Months' Hard Labour.
Before Mr. Justice Ridley.
MESSRS, MATHEWS and LEICESTER Prosecuted, and MR. STEPHENSON Defended at the request of the COURT.
ROSETTA FLOYD . I am the prisoner's wife—we have been married 1ft years—I have two daughters, Rose, aged 15, and Lilly, 10—I am now living at 51, Elford Square—on July 16th last I was living at 32, Odell Street, Albany Road—my husband worked as a portmanteau maker—he had been in regular work lately, up to the time this happened—he did not help to support me and my daughters—we worked at ladies' bloomers—we have been living very unhappily for a very long time—he was always the worse for drink—he treated me very cruelly—he has whacked me and knocked me about for a very long time—on the Tuesday before this he got up and accused me of taking 6d. from his pocket, and he put both his hands round my neck and tried to choke me, and he had several times tried to do
so be has been out drinking—I took another lodging without saying anything to him about it—on Sunday, the 18th, about half-past 12 I was, in company with my two daughters, standing at my own gate; my husband came along with a can of beer—I asked him to give me a drink—he swore at me and said, "Get your beer somewhere else," and called me a bad name—then I heard a dreadful noise in my face, a dreadful bang in my head and throat, and I fell down—I felt blood running down my face—I was going to cross the road, and fell down, and when I came to myself I was in the hospital, where I remained for three weeks and three days—I am still suffering—I had two wounds.
Cross-examined. My husband has been drinking very heavily ever since he left work—on this night he had been drinking very heavily—he was very drunk.
ROSE FLOYD . I am the prisoner's daughter—I have lived with him and my mother and sister—he has treated mother very badly indeed—he tried to strangle her more than once—I interfered on one occasion, and he hit me with a broom—on June 18th I was standing with mother and sister at our own door, when he came along carrying a can of beer in his hand—mother asked him to give her a drop—he said, "Go and get your own beer"—he was drunk—I don't remember anything else—he came right in front of me, and I felt something hit my head—I ran across the road—I was struck on my head, and blood came down over my face—I ran into No.31, opposite, and the doctor came to me, and I was taken to the hospital—I remained there with my mother—I came out the same morning—my head pains me now very much.
Cross-examined. Father was always drunk—sometimes he did not seem to know what he was doing.
ADA WILLIAMS . I live at 34, Odell Street, opposite 32—on the night of June 17th, early in the morning, I was standing near the Floyd's, across the road—I saw the prisoner come along, and I saw Mrs. Floyd and her daughters standing outside their door—I saw the prisoner take a revolver from behind him—he shot the youngest girl first, and she fell—he then went towards Mrs. Floyd and shot twice at her, and she fell at the second shot—he then ran after Rose, and shot her, and she fell—I then ran away—that was all I saw.
Cross-examined. He was very drunk—he was not rolling about; he looked drunk.
By the COURT. He was alongside the youngest girl when he shot her, about two feet from her, and about the same distance from the mother—he moved towards her a little—I heard five shots altogether.
WILLIAM READ . I live at 31, Odell Street—I am a printer's apprentice—about half-past 12 on the night of June 18th I was standing outside my house—I saw Mrs. Floyd and her two daughters standing outside their house, and I saw the prisoner coming along, carrying a can of beer; he came straight along—Mrs. Floyd said something to him—he sat down on the coping—he pulled something out of his tailcoat pocket, and fired at Lily Floyd, and I saw her fall in the road—I heard the report—he then fired at Mrs. Floyd twice; she fell in the road after the second shot—he then said something to Rose—she ran across the road; she
did not fall—I caught hold of her; then he fired another shot at her—I did not see what became of him.
ALFRED HIND . I am a private in the Northumberland Fusiliers—on the early morning of June 18th I was in Odell Street; I heard the report of a firearm—I turned round and saw the prisoner with a revolve in his hand—I heard the first shot, and saw him fire four times—I rushed over to him when I heard the first, and he fired two more before I got there—he fired at the females, but I cannot say which—both shots were-fired at the same person—I got hold of him after the third shot—he fired while I had hold of him—I did not see who he fired at then; we were struggling—I do not think the fifth shot hit anything—I held him till the police arrived—I handed him over to them—while I was holding him he said "I did it!" four times—Mr. Williams got the pistol away from him—he came up while I had hold of the prisoner.
Cross-examined. The prisoner was drunk and very excited—he was struggling, and he fought for the revolver—I held him by the back of the neck—I could not get the revolver by myself.
ALBERT HART . I live at 44, Brimer Road, Camberwell—I am a furrier—about 12.30 a.m. on June 18th I was in Brimer Road, at the corner of Odell Street—I heard the report of firearms round the comer—I ran to the comer, and heard another—I saw the prisoner fire from the centre of the road—he fired at a woman, who fell—it was his wife—I saw a soldier get hold of the prisoner, and I went for the police—I went back; the policeman came up behind me—I heard the prisoner say two or three times, "I did it!"
Cross-examined. He seemed like a madman.
CHARLES WILLIAMS . I am a painter, of 34, Odell Street—on the earlj morning of June 18th I was indoors—I heard a noise of firearms outside—I ran out when I heard three shots, and as I was going I heard two more—when I got into the street I saw two men struggling with the prisoner—I could not see who were holding him—I saw this revolver in his hand—he had it at his head—I got hold of his arm, aud took it away from him—I handed it to the policeman—I did not hear the prisoner say anything.
FREDERICK WILLS (296 L). On the early morning of June 18th I was called into Odell Street—another policeman named Whittaker came with me—I saw the prisoner detained by Alfred Hind, a soldier, and several others—the soldier said, "This is the man that shot his wife"—the prisoner said, "All right, I done it"—I took him into custody—on the way to the station Williams handed me this revolver—the prisoner was drunk.
GEORGE RAMSAY (Inspector, L). I was on duty at the Police-station when the prisoner was brought in by Wills—he was in a drunken and stupefied condition—the constable handed me this revolver—it is a six-chambered pinfire revolver—it was loaded in six chambers,.
five of which had been fired—the prisoner was charged at 3.30 after I bad made inquiries, with attempting to murder his wife and two children—he said, "Whoerer said so are wrong altogether; you tell my wife to come down here and get me out"—he did not seem to realise his position—the third girl is still in the hospital—she is not able to come today.
WILLIAM ABTBUR JONBS . I am a surgeon, practising at 64, Albany Rd., Camberwell—on the early morning of June 18 lily was brought to my sur gery—she had a bulletwound in the back of her head—she was apparently in a dying condition—I sent her to the hospital—shortly afterwards Mrs. Floyd was brought to me—she had a bulletwound on the left side of hat neck, and a superficial wound over her right brow—there was no bullet there—it might have been caused by a bullet passing across the forehead—I did not find the bullet in the neck—it was deep down—the bullet I produced at the Police-court I got from Rose—I saw her at 31, Odell Street—she had a wound on her left brow—I handed the bullet to the police—I had all three patients removed to the hospital.
Croisexamined. The shot fired at Mrs. Floyd was the only one which. was fired quite close.
HAROLD BRUCE On June 18th I was house surgaon at Guy's Hospital; I received Mrs. Floyd and her two children—Mrs. Floyd had a ballet wound on the left side of her neck, and a superficial wound on her forehead—the bullet in her neck was extracted on the following Thursday; I have it here (Produced)—Rose was suffering from a wound over her left brow; Lily had a bullet at the back of her head, penetrating. the bones—that was extracted on the following Tuesday; I have the pieces here—I am not at the hospital now, but I examined Lily last Friday—I think she has a good chance of recovering—Mrs. Floyd's face was. peppered with powder; both the shots must have been at very close range.
CHARLES GALLEY . I practise at 129, Camberwell Road—I saw all the wounded at Guy's Hospital; I agree with what the other doctors say—I law the prisoner at Rodney Road Police-station at 2.15, in a cell; he was. then under the influence of alcohol, and appeared to have been drinking heavily for some time—he did not appear to realise what had happened—I heard him ask about his wife being called to bail him out.
Cross-examined. I think a man may be so drunk as not to realise what he is doing—a man who is drunk may have a very hazy idea of what the results of his actions may be.
GUILTY of shooting, with intent to do grievous bodily harm . Ten Years Penal Servitude.
MR. DRUMMOND Proeecuted,
FRANCES KENT . I am the widow of Walter Kent—on WhitTuesday,. May 23rd, he left home at 3 o'clock, with his horse and cart—I saw him-go off from the top of the street—he was quite sober; he never got drunk
—he came home at 5 o'clock, bleeding from his ear, and sometimes spitting blood—he made a statement to me—I advised him to go to the Police-station; he said his head was too bad to go—the bleeding did not stop; it continued for a week—he went to a doctor; he seemed in very great pain—he did not go to work; he could not stay in bed; he had to keep about—between May 23rd and the time of his death he did not have a quarrel—I did not see anybody strike him; he did not have an accident—Mrs. Green lives in the same house, upstairs—Mr. Harris lives in the same house also; he is my brother-in-law—he and my husband never fought—my husband died on Sunday—I do not know the prisoners.
Humphrey Pinegar I am an oilman, of 3, Bird Terrace, Merton Road, Southfields—I have known the deceased two or three years—I saw him on May 23rd, near Standon Road; I was driving from Putney—he was running after his own horse and van, which was 100 or 150 yank ahead of him—his cart was being driven at a terrific pace—the deceased appeared to be perfectly sober—he got into my cart, and I drove as fast as I could and overtook the deceased's van—there were seven or eight persons in it—they all got down, except the two prisoners—the deceased got up into his van from the tailboard, and Sweeney struck him two or three times, I did not notice where—Boyce struck him eight or nine times on the right side of his head—I had nob seen the deceased attempt to strike either of them—I could see into the van—the deceased got out of the van, held his hand up to his head, and cried—in the van they were all knocked down—the horse turned round, and there was such a com motion I had to drive away—if I had not done so I should have got smashed up myself—I think the prisoners had been drinking—I saw the deceased next day, outside the Earl Spencer—I did not have any conversation with him)—I saw him again on the day of the fight; he came to my shop to thank me for what I had done—he was in very great agony—his ear was covered with blood—I advised him to go to the Police-station, at once—I did not see the deceased use his whip on either of the men—he had no whip; I could have seen it if he had.
Cross-examined by Boyce. You were in the van when the deceased got out—I saw you hit him more than once—I said to your sister afterwards, "Nellie, your brother was get himself into trouble for the cruel treatment of that man, and serve him right."
Cross-examined by Sweeney. You were both in the van—I did not see the deceased hit you with a whip—I did not see a whip at all.
CECIL ROBERTSON, M.D . I live at 1, Granville Road, Wandsworth—the deceased came to me—I do not remember the date—he said he felt very ill—he had a headache; his ear was swollen, and in the lower part of it there was a small abrasion covered with dry blood—I prescribed for him, and told him to go home and to bed at once, and if he was not better he had better call in someone else—I did not see him again—I did not examine his skull—the condition of his ear was consistent with the facts which I have heard—the lobe of the ear was distended with blood—I did not anticipate any serious results from it.
June 7th; he came into my surgery in the morning, and complained of a. sore throat and a headache—I prescribed for him then—he could not pay me, and I told him he had better get a medical relief order—I did not look at his ear: I had no reason to—I saw him on the 10th, when he brought an order from the relieving officer—I did not see anything wrong: with his ear then—I saw him on the 12th and 14th and on the 24th and 25th at his own home, where he died—the cause of death was peringitis—my partner and I made a postmortem examination; I found blood poisoning in the brain and in the sack of the stomach—from what I have heard to-day, I think the cause of death was blood-poisoning, due to erysipelas, set up by the injury—the deceased did not complain to me bout his ear till the 24th, when he told me about the accident.
Cross-examined by Boyce, I cannot say that if the man had been attended regularly he would have been all right—it is not necessary that every case of erysipelas should end in bloodpoisoning.
Re-examined. It does not follow that every blow sets up erysipelas—it would be dangerous to the life of my partner, Dr. Taylor Smith, to attend here—he is suffering from congestion of the lungs and pleurisy—I' was present at the inquest, and heard him give evidence, and saw him sign his deposition—I did not find any traces of erysipelas on June 7th. (Dr, Smith's depositition were then read.)
ARTHUR PORTBS (83 N). I am now stationed at Enfield—on May 24th I was stationed at Wandsworth—the deceased came to the station on the 24th, and made a complaint—I noticed his right ear was very red—he ap peared dazed.
The Court considered that there was no evidence against Sweeney.
NOT GUILTY .
WILLIAM COBB . I am a carpenter, of 41, Standon Road, Southfields—I was in the cart with Sweeney and Boyce—I did not see and fight between them and the deceased—I jumped out of the van, ana went behind a hedge about 200 yards off—I did not see any whip—I went to the Woodman afterwards—I did not see the deceased there—next day I saw him at the Earl Spencer—Boyce was there, too—the dsceased said to him, "I would not mind you taking the van, but you ought never to strike me"—Boyce said he was very sorry; it was all through a drop of beer, or it would never have happened—I saw the deceased's ear; it looked as if it had a slight gravel rash—when we went off with the van it was for a lark.
THOMAS QUKLCH . I am a carman, of 9, Coleston Road, Wandsworth—I was in the cart on this day—the deceased jumped up behind, and began wrestling with Sweeney—they fell into the bottom of the cart and, Boyce hit the deceased one blow—I was about seven or eight yards in front of the cart—I did not see the deceased strike anybody with a whip—it was not a very serious blow which the deceased got; if it had been I should have taken the man's part, as he was a great friend of mine.
THOMAS JOHN HARRIS . I live at 20, Bathway Road; I am an assistant to an electrical engineer—I saw the deceased man on this Whit-Tuesday at the Woodman, between 6.30 and 7 o'clock; T am sure of the day—I saw the deceased jump up into his van like a twoyearold colt—I asked him how he was getting on; I live next door to him—on the Friday in
the same week I saw him, and he said he was a bit queer in the head—I thoaght he had been drinking, and I said, "Keep off the sherbet"; that means the drink—on that same night there was a row next door to us; I heard Mr. Adams say, "Take that b—child from bis arms, and I will jump his b—guts out"
MRS. KENT (Re-examined), My husband did not go out again after he came home injured—he came in about 7 o'clock—he came in first at 5, but he went back to the van after that—the van is near the Wood-man—it is false that he was at the Woodman.
WILLIAM ADAMS . I am a pigdealer, of 22, firathbury Road—I am the deceased's brotherinlaw—I had no quarrel with him during Whisun week—I did not strike him—there was no row at all that week about a child—I have always lived on the best of terms with him—I was in bed during the week—when the deceased came in he was bleeding from his ear, and complained of being knocked about.
Boyce, in his defence, said that the deceased got up into the cart and struck him and that he (Boyce) struck the deceased in self-defence, but only one blow, and that they were always on good terms.
—MUSK. On Friday night, after the holiday, I was going home, and I saw the deceased lying in a field—I picked him up and asked him if he was going home—he said, No, he was going to the stable—I asked him why he was not going home, and he said he had been knocked about quite enough.
Cross-examined. I am a carman—I am not employed now—the leceased did not seem ill—I knew him before—this was about 12 p.m.—lie had his children with him—I did not notice if his ear was bleeding—he did not say who had knocked him about.
By the JURY. I asked him who had knocked him about, and he said he knew who had done it.
BOYCE— GUILTY .—Recommended to mercy by the JURY.
He received a good character.— Discharged on Recognizances ,
MR. STEWART, For the Prosecution, offered no evidence. NOT GUILTY .
MESSRS. HORACE AVORY and BODKIN Prosecuted, and MESSRS. GBOGHKOAN
and WARBURTON Defended.
CAROLINE BAKER . I am the wife of Harry Baker, of 9, Dolby Road, Wandsworth—I have a daughter. Rose, about nine years of age, and up to June 23rd I had a boy named Harry Arthur Baker, who was seven years old when ho died—I noticed Rose was unwell on Wednesday, June 14th—on the Thursday I took her to Dr. Maguth, of 6, Ferrier Street—this is a photograph of his shop-front, with the words, "Dr.
Maguth, LL.D"—I thought he was qualitied—Rose Ciimplaioed of sick-jiess and headache on Wednesday, and of her throat on Thursday—the prisoner looked at her throat—I told him what she complained of—he said it was a very bad ulcerated throat, and that she must have a bottle. of gargle for it, a bottle of ointment to rub outside, and medicine riot her bowels—I paid him 2d. for the gargle, 2d. for the ointment, and 8d. for the medicine—the medicine was "Every four hours"—he showed me how to use the ointment, and about the gargle—I took her again on Friday and Saturday, June 16th and 17th—I told him on Saturday morning I had a little boy sleeping in the same room—I was rather pressed for room, and asked him if I had anything to fear from that—he said, "Nothing whatever,"as it was only a severe ulcerated throat, and that I was on no account to force them with food, as I had told him they could go a considerable time without food, and he said on no consideration was I to give them milk after 5 o'clock in the evening—I was to keep the girl warm—she went about the house and out—on Saturday Harry came in from play and complained of head-ache and sickness, about 2 p.m.—I took him to the prisoner on Sunday—he complained of his throat being sore—I noticed his throat was beginning to swell; it started from the glands below the ear—I took him on the Sunday evening at 10 o'clock, my husband being queer at the same time—I told the prisoner the symptoms, and asked if he could let me have something—he gave me a little bottle of drops, to be taken every two hours, also another pot of embrocation, which he told me to rub thoroughly on the outside of the throat—I paid him 1s. for the embrocation and 6d. for the drops—I think I told him the girl was a little better—I took the medicine back home and gave the boy some of the drops, as prescribed—they seemed to do him a little good; he seemed easier—I rubbed in the embrocation, as directed—the swelling took three days to go down—these are the bottles—on the Monday the boy's throat seemed worse, and I took him to the prisoner on Monday afternoon—he looked at the boy, the swelling on the neck, and in his throat—he said as the swelling was oatside the throat he would not have such a bad throat as the little girl did; that he had a small ulcer on the left-hand side, and that he must have a bottle of medicine for his bowels—I paid him 8d. for the medicine—he told me the boy should take it every four hours, the same as the little girl—on the Tuesday the swelling seemed worse on the outside of his throat—I took him to Dr. Walker, of East Hill, Wandsworth, who looked at his throat—he advised me to keep him well nourished and warm—on Wednesday, June 21st, I took the boy to the prisoner again—he said his throat was very much better—the boy still complained about it—the swelling outside had gone down a little—on Thursday, June 22nd, the boy was up and about as well as the previous days from the Saturday—on Friday he seemed very much worse, the first thing in the morning—he was blue in the face, spitting up phlegm and thick blood, and was not well enough to get up—I kept him in bed—I went to the prisoner in consequence of his state—I told him my little boy was very much worse; I was afraid he bad caught a chill, and that he was splitting up blood, and turning blue in the face—the prisoner said, "Oh, dear me; he must have a bottle of medicine to burn his throat"—he gave me this bottle, with directions
for the medicine to be taken every two hours in a tablespoonful of water—I took the medicine home, and followed the directions—he took it, but turned blue in the face, and continued to spit blood and throw up phlegm—he cried for water—each time I gave it him there was slight coughing, and after that he gradually got worse—about 2.30 p.m. he had a fit, and fell off the bed while calling for help—that was directly after I gave him his third dose of medicine—he had to fight for his breath-while doing that he fell from the bed—I then sent a neighbour, Mrs. Bright, to the prisoner—ahe came back alone—I then sent for Dr. Charlesworth, of East Hill, Wandsworth, who came between 4 and 5 p.m.—he examined the boy—the boy died that evening—the prisoner did not take the boy's temperature—he did not put a glass in his month—he did not test his water—the little girl was attended by Dr. Charles-worth from that day—she is better, but not quite well yet.
Cross-examined. I gave evidence before the Coroner as well as before-the Magistrate—my husband complained of his kidneys and headache—the prisoner gave me a box of liver pills; my husband took them—he' is a journeyman basket-maker—he could not stop at his work—he has recovered—the girl and the boy went to a Board school—I went to Dr. Walker's between 6 and 7 p.m.; I stayed about 20 minutes—I waited about three minutes to see him—I was not in his surgery 10 minutes—Dr. Walker examined the boy's throat—I asked him if there were-symptoms of diphtheria—he said he did not see any, and it was not ulcerated throat, but tonsilitis—I first mentioned diphtheria—I said I was-afraid it might bediphtheria—I sawthe prisoner for about 10 minutes on the-Friday, when he gave roe something to burn the boy's throat—I told him' the medicine burnt the little girl's throat, and he said that was exactly what he wanted it to do, and that I must insist upon her taking it—the children were allowed to go out and play.
Re-examined. I told Dr. Walker I had taken the boy to another doctor—I told him I would continue with the other doctor—the girl did not have the same medicine as the boy—she did not have the spasmodic drops—I could not get her to take the gargle.
MART BRIGHT . I live at 1, Dolby Road, Wandsworth—on June-23rd, at the request of Mrs. Baker, I went and saw the prisoner about 2.30 p.m.—I asked him if he would come and see Mrs. Baker's little boy—he said he could not come, as he had not anyone to leave his shop with, and I had better call in a surgeon—I went to another doctor—I did not find him in—I told the prisoner the boy was very bad, and had fallen) ont of bed in a fit.
HARRT VICTOR WALKER , I am a Licentiate of the Royal College of Physicians—I practise at East Hill, Wandsworth—on Tuesday, June 20th, the child Harry Baker was brought to me by the mother about 7 p.m—she told me she had taken the child to another doctor—I looked at the child's throat—she asked me to prescribe for the child—I declined to do so, thinking she had been to a qualified practitioner—as she was leaving the surgery she asked if she ought to keep the child warm, and I said, "Yes," and suggested that it should have plenty of nourishment—she asked ii there was diphtheria—I told her I could see no diphtheric membrane—if I had been attending the case, there was sufficient
in the constitution of the child to make me suspicious of diphtheria, which requires careful watching to see whether it develops.
Cross-examined. I told the mother the child was suffering from tonsilitis—I did not treat the case—I did not volunteer advice—the mother paid me a fee—I saw signs of follicular tonsilitis—there was an exudation of matter, and a secretion of follicles at the root of the tongae—I would not call it ulcerated—there was inflammation—the parts around the tongue looked red and angry, necessarily—the child appeared very feeble, and diptheria might possiblyset up in two days, which might increase till the result was fatal—it is very difficult to say whether there is a hard and fast rule among medical men for the treatment of diphtheria—the latest recognised treatment is the antito serum treatment—one old way was with the diphtheria kettle, with the long spout—patients die even after proper treatment; and it does not follow that, even with the greatest medical attention and skill, the disease can be cured—the cure does not depend upon the size of the larynx—there is difficulty in diagnosing and distinguishing diphtheria from tonsilitis—albumen la the urine is not an absolute test—unless there are other symptoms present, it would not necessarily direct my attention to diphtheria—the presence of albumen inthe urine would make me more suspicious of diphtherift—if I had seen signs of diphtheria I would have told the mother—I told her to continue the treatment—the distinguishing characteristics of tonsilitia and folicular diphtheria is a question of degree—in tonsllitia the feebleness may not be so marked as in incipient diphtheria; it depends upon the condition of the child—you would not expect so healthy a child of people living in two rooms—this child appeared 'well nourished, but feeble—its feebleness and the condition of its throat were symptoms which made me suspicious of diphtheria—the symptoms were consistent with tonsillitis—the symptoms are undistinguishabie at an early stage between tonsilitia and incipient diphtheria, or on the first day from scarlet fever.
Re-examined. In a case likely to develop into diphtheria there are-obvious precautions a medical man would take, such as putting the-patient to bed and nourishing the child—the child should be coaxed to take plenty of nourishment, and the symptoms should have been watched from day to day, to see how the disease developed—the diphtheretic membrane may appear in a few hours or in two days, or even longer.
Saturday July 29th, 1899.
GEORGE CHARLESWORTH . I am an M.D. (Brussels), a licentiate of the College of Physicians, and practise at East Hill—on June 23rd I was sent for, and went to see tho deceased boy at 4.45 p.m. I examined his throat; there was a large patch of diphtheretlc membrane covering the tonsils—there was also a patch of membrance on the pharynx,. and the child was obviously suffering from diphtheria—there were obvious signs that the disease had extended to the larynx—there was great difficulty of breathing—the boy was blue in the face, and there waa a complete loss of voice—the boy was dying—a person of skill would wateh such a case—the urine should have been tested 'i there was any doubt about the case—I know albumen was present when I examined it on the Friday—I afterwards, by order of the Coroner, made a post-mortem examination—I found that the child died from asphyxia caused by diphtheria extending
from the pharynx to the larynx—I am absolutely certain that in this case the disease had cominenced in the pharynx, and extended to the larynx—the pharynx leads to the lungs; thechild was quite healthy in other respects—the membrane which I saw on the Friday could not have started on the tonsils and spread to the larynx between the Wednesday and the Friday—in a case like this it would be improper to tell the mother not to force food on the child—the proper treatment would be to give very nourishing, light things, like beef-tea, and, if there is any sign of heart failure, stimulants—it would he very improper to let a patient be up and about in such a case; the patient should be put to bed—there is always heart failure in diphtheria, and it is important to keep the heart as full as possible—the absence of nourishing food would be against the recovery of the patient—I saw a bottle of medicine, marked C(Produced) in the house—I tested it—it is the medicine given to the child under the direction of the prisoner on the Friday—when I tested it I found it was very hot, and I think it was capsicum, which is made from cayenne pepper—it would not be a proper medicine to give under such circumstances—it would act as a local irritant, which would increase the danger of suffocation—on the same evening, Friday, I saw the girl Rose—she had still marked diphtheria—the membrane was still visible on both tonsils and on the palate—she was kept in bed for two weeks after I saw her—she is recovering now.
Cross-examined. I refused to give a certificate after I heard the prisoner was attending the deceased boy—I had not heard of the prisoner before—I think the patch of exudation was the commencement of the diphtheretic membrane—if I had seen that I should have kept the case under observation—incipient diphtheria and tonsilitis go step by step up to a certain point, when they diverge—if I had seen the patch of discharge, that would have made me more suspicious of diphtheria than tonsilitis—it would not be possible to increase the circulation in the diseased parts—it is very difficult to analyse vegetable substances—it was wrong to say, "Do not force the child to eat," but it should have been coaxed; you can always overcome a child by coaxing; it is very important that the child should have nourishment—Rose is now suffering? from diphtheretic paralysis—it is local; it is confined to the soft palate and the pharynx—I have talked about this case to Dr. Walker, he is a neighbour of mine.
Re-examined. I refused to give a certificate because the child had not been attended by a medical man—the law requires the certificate to be given by the medical man who has been in attendance—I agree with Dr. Walker when he says that he saw quite enough on the Tuesday to make him suspicious that this might be a case of diphtheria—the testing of the urine is a very important thing—it is a very important thing that milk should be the staple diet—I have no idea what the prisoner meant by saying the child was to have no milk after 5 o'clock.
----COLVEN (Inspector, V). On July 12th I went to the prisoner's shop, 6, Ferrier Street, and purchased one bottle of embrocation and one bottle of spasmodic drops—I labelled them "D" and "C," and my initials—I afterwards gave them to Dr. Luff"—I also got four pamphlets from the prisoner.
Cross-examined. I was present part of the time when the prisoner was examined before the Coroner—I heard him say that he had practised for 25 years as a medical botanist—he mentioned levend places where he had been—I have inquired into that, and find it correct.
Re-examined He was not practising as a medical botanist for 25 years; he was studying—I have only known of his practising on one child; that was 12 or 18 months ago—my inqniries show, as far as I can find oat, that he has only practised since the beginning of this year.
ARTHUR PEARSON LUFF, M.D . and F.R.O.P. I am physician to St. Mary's Hospital, lecturer of medical jurisprudence, and one of the official analysts at the Home Office—I have seen and examined the bottles of embrocation and the bottle of drops given to Mrs. Baker, and also the bottles of stuff bought by the inspector—the bottles containing what are called spasmodic drops contain capsicum; the principal ingredients in the embrocation is camphor—the phamphlet says that the embrocation gives immediate relief among other things, in diphtheria, weak lungs and mumps—in my opinion, it would not be the slightest use; in my opinion, it would do decided hum in a case of diphtheria—in a case where the patient showed an enlargement or swelling of the neck, with a sore throat, the rubbing in of the embrocation would do harm, because it would irritate the inflamed and tender glands—one never dreams of rubbing tender glands—it is obviously wrong treatment—friction is wrong; it would aggravate the ease, and increase the swelling of the glands—the drops, in my opinion, would be most harmful in a case of tonsilitis, because capsicum is a very powerful irritant—it is not a matter of opinion—the child choked each time the medicine was administered, the result of the irritation—it would increase the spread of the membrance—in my opinion, it would certainly accelerate the death of a child which was suffering from diphtheria—I can only regard the statement that the swallowing of a few drops would relieve fits and coughs as ridiculous; it would not relieve chronic asthma, bronchitis, lockjaw, or whooping cough—the child was first prescribed for without being seen by the prisoner, although the mother informed him that the child was sneering from a bad throat, and although he knew that the child's sister had had a bad sore throat—the administration of capsicum was entirely wrong; the whole treatment was entirely wrong—I think that to say the child should have something to burn its throat shows gross ignorance—it was quite wrong to allow the boy to sleep with his sister—diphtheria can undoubtedly be caught from persons, especially if children sleep in a bed together—I am perfectly certain that the membrane could not have developed betweenthe Wednesday and the Friday—it would not be proper, to increase the circulation in a case of inflammation like this—you want to reduce the inflammation—the application of ice or cold spray would be much better—having heard the pointe of the case, I think, undoubtedly, proper treatment by a person of any skill would have prolonged the life of the child, and, I think, probably saved it.
Cross-examined. I found no mineral in these bottles—soap liniment is absolutely useless to be applied outside in diphtheria—myrrh would not counteract the effects of capsicum; it is opposed to capsicum—it
is not an irritant; it is a very slight antiseptic—doctors have several remedies for diphtheria—capsicum is seldom administered, but it is given for spasms and colic.
Re-examined. If there was myrrh in the embrocation, it would not be the slightest use when rubbed in or taken internally; it is too weak an antiseptic.
The Prisoner, in his defence, said that when he saw the child there were no signs of diphtheria; that there was no membrane; that there was an ulcer in the boy's throat; that on the Wednesday his throat was in a perfectly healthy condition and that he took his temperature by feeling his pulse.
DR. LUFF (Re-examined). It is absolutely impossible to take a persons-temperature by feeling their pulse—it is impossible that the throat could have been in a healthy condition on the Wednesday, and the child to die on the Friday.
Cross-examined. There is no relation between the pulse and the temperature.
GUILTY .—Strongly recommended to mercy by the JURY— Two Months as an offender in the Second Division.
ADJOURNED TO TUESDAY, SAPTEMBER 12TH, 1899.