CENTRAL CRIMINAL COURT
THIRD SESSION, HELD JANUARY 15TH, 1900.
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, January 15th, 1900, and following days,
Before the Right Hon. ALFRED JAMES NEWTON, LORD MAYOR of the City of London; the Hon. Sir WALTER PHILLIMORE, one of the Justices of Her Majesty's High Court; Sir REGINALD HANSON, Bart., M.P., Alderman of the said City; Sir CHARLES HALL, K.C.M.G., Q.C., M.P., Recorder of the said City; Sir JOSEPH COCKFIELD DIMSDALE, Knt.; WALTER VAUGHAN MORGAN, Esq., and JOHN POUND, Esq., other of the Aldermen of the said City; and Sir FORREST FULTON, Knt., Q.C., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General: Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
WILLIAM PURDIE TRELOAR, Esq., Alderman
ALFRED HENRY BEVAN, Esq.
W. H. C.MAHON, Esq.
J. D.LANGTON, Esq.
CENTRAL CRIMINAL COURT.
NEWTON, MAYOR. THIRD 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, January 15th, 1900.
Before Mr. Recorder.
NOT GUILTY .
Fifteen Months' Hard Labour.
MR. PICKEERSGILL Prosecuted.
RICHARD BOWERS . I live at 1, Chadwick Street, Westminster—I was in Monk Street on December 19th, about 1 a.m.; my wife and brother-in-law were coming up behind me—I saw the prisoner there—he said, "There is one of the b——s"—I saw him nearly every day—I had not had any words with him on that night, but he had insulted me and my wife before—he was standing on some lodging-house steps—I walked on, and he came up and said, "Did you mean that for me?" and knocked me down—I jumped up and hit him—a gentleman came up and said to me, "Go away, my good man; he has got a knife in his hand"—I then found I had a cut on my head, and when we got home my wife found a bad cut on my throat—I went to the hospital, and it was stitched up.
JOSEPH SANGER . I live at 45, Romney Street, Westminster, and am a coachman—I was with Bowers on December 19th, in Monk Street, Westminster—he is my brother-in-law—I saw the prisoner—he had an up and tumble fight with my brother-in-law—they fell down, and the prisoner got up and dragged my brother-in-law up against some factory gates—I saw something in the prisoner's hand, but cannot say the colour of the handle of the knife—I gave the prisoner into custody—I charged him in the lodging-house with stabbing my brother-in-law—he never said anything—
there were two constables there—he said that I should have to go through with it.
JOHN ASHMAN (382A). In consequence of a complaint on the early morning of December 19th, I went to a lodging-house in Monk Street—I saw the prisoner there in bed—Sanger was with me—he said in the prisoner's presence, "This is the man who stabbed my brother-in-law"—the prisoner said, "No, I had a fight with the man, but I did not stab him. I was standing at the lodging-house in Monk Street, when I was struck by a man. I got up, and I fought the man"—I have not got a note of the conversation—he said it was an old grievance, and that he had no knife.
GUY COLTART . I am house surgeon at Westminster Hospital—I made an examination of the prosecutor on the early morning of December 19th—I found two clean cut wounds on the side of his head and one punctured wound on the.side of his neck about 1 in. long and 1 in. deep in a slanting direction—I stitched up the wound in his neck and one of the wounds in his head, the other was merely a scratch—he got quite well in about a week—the wounds were probably caused by some sharp instrument; the one on his head might have been caused by his falling or being thrown against a wall; one of them must have been caused by a sharp instrument—no permanent injury has been caused—he was sober.
By the COURT. The wound in the neck was in a pretty dangerous position, but it was not dangerous.
The prisoner, in his defence, said that as he was going home down Monk Street the prosecutor came up and said he would knock his eye out; that he (the prisoner) struck him back, and then they had a fight for about 15 minutes.
He then Pleaded Guilty to a conviction at this Court, on November 13th, 1893, of cutting and wounding, when he was sentenced to Twelve Months— Three Years' Penal Servitude.
NEW COURT.—Monday, January 15th, 1900.
Before Mr. Common Serjeant.
92. THOMAS SMITH (21) PLEADED GUILTY to feloniously uttering counterfeit coin, having been convicted of a like offence on April 5th, 1897. Two other convictions were proved against him.— Fifteen Months' Hard Labour.
93. HENRY RICHTER (71), FRITZ STORCK (19), and JOHN ARCHER to unlawfully keeping a common gaming house.— RICHTER— Fined £100, or Six Months' Hard labour. STORCK and ARCHER— Fined £5, or Six Weeks' Hard Labour. [Pleaded guilty: See original trial image.]
95. ROBERT EMMETT (47) , to unlawfully obtaining a clarionet from Henry Davis by false pretences; also to two indictments for forging and uttering orders for £20 18s. and £4 12s. 6d., having been convicted at Clerkenwell on April 19th, 1898. Another conviction was proved against him.— Three Years' Penal Servitude. [Pleaded guilty: See original trial image.]And
(96) ALFRED AUSTIN (19) , to stealing 10s., the money of Henry Joanes, having been before convicted. Two other convictions were proved against him.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. BLACK Prosecuted, and MR. BURNEY Defended.
WILLIAM JOHN WHYTE . On December 13th, between 12 and 1, I was looking into a window in Cheapside; there was a good crowd there—my attention was drawn by a gentleman on my left, and I looked at the prisoner, who was on my right, with my watch clasped in his hand—I caught him by his throat and gave him in custody—he said, "I have not done anything yet"—I held him and gave him in custody.
Cross-examined. There were about 15 people there—the gentleman went away.
PERCY VALE (Policeman). I am now under orders for South Africa—on December 13th Mr. Whyte gave the prisoner into my custody for attempting to steal a gold watch and chain—he made no reply—I found on him this six-chambered revolver—I asked him if he had a licence—he said, "No; the man at the shop where I bought it would not give me a licence."
The prisoner's statement before the Magistrate: "I do not know anything about it. I will say something at the trial."
GUILTY . Five previous convictions were proved against him. Twenty Months' Hard Labour.
JAMES AMOS (City Detective). On January 1st, at 1.30,1 was in Fenchurch Street, and saw the prisoner carrying this coat on his arm—I asked him where he got it—he said, "I had it given me by a friend to sell"—he was wearing these gloves—I took him to the station and found in his pocket a letter in the name of Edith Young, and traced the owner of the property.
WALTER DAVIS . I am manager of the Woolpack public-house, City, about a quarter of an hour's walk from Fenchurch Street—this coat and gloves are mine; I missed them on the afternoon of the 29th, and my barmaid's jacket and handbag—this letter is addressed to her (Miss Young) and it was in the handbag when it was stolen—I can identify the bag—the prisoner was arrested on January 1st—Sunday had intervened.
The prisoner, in his statement before the Magistrate, and in his defence, said that he got his living by buying and selling things, and gave 3s. for the coat and 6d. for the bag.— GUILTY of receiving. He then Pleaded Guilty to a conviction at Clerkenwell on January 1st, 1897, nd twelve other convictions were proved against him.— Three Years' Penal Servitude.
MR. SHERWOOD Prosecuted.
the prisoner was brought to the station in custody—before any charge was brought against him he said, voluntarily, "I fired two shots at the top of Grosvenor Street and Peter Street"—I took that down as he uttered it, and he signed it—Margetts then made a statement in the prisoner's presence, who was then formally charged—he made no reply, but he afterwards told me that if I went to 19, Grosvenor Street I should find it in the possession of Albert Lacy—I went there and found this revolver under a bed, loaded with four cartridges—I showed it to Dr. Beardmore.
Cross-examined. The prosecutor was wounded on one finger, and on his head, and another bullet was embedded in the cartilage of his ear—he said that he was wounded on his shoulder—I looked, and he was not.
Re-examined. The prisoner was arrested at first, and there was not sufficient evidence—he was arrested again 24 hours afterwards.
GEORGE RUSSELL BEARDMORE . I am a registered medical practitioner, of Warwick House, Upper Street—on December 14th, at 1 a.m., I saw the prosecutor at the station—a finger of his right hand had the skin knocked off the knuckle, but not completely broken off—there was a redness on the left side of his face, and on a line with that was a bullet embedded in his ear—the bullet must have come from the front—it was undoubtedly a wound caused by one shot.
Cross-examined. I examined him about 35 hours afterwards.
RICHARD WALTER MARGETTS . I am a baker, of Grosvenor Street, and knew the prisoner by sight before this—on December 12th, between 11 and 11.10, I was in Grosvenor Street alone, and the worse for drink, and started a bit of a bother with the prisoner, enough to make him knock me down—I made a hit at him, but did not succeed in striking him—he put his hand in his pocket and pulled a revolver out—I ran away about 10 yards from him—he fired, and the bullet struck me on my left cheek, and then on my little finger, but not the same shot; he fired twice—after that I ran 150 or 200 yards, and he ran after me—I went home to bed, and went to the station with a policeman next night and said, "That is the man that shot me."
Cross-examined. I caused you to do what you did—when I saw what you fetched out of your pocket I ran away in front of you, straight in a line with you.
Re-examined. My hand was up here when it was struck; I put up my hand to save the shot.
ALBERT LACEY . I am a labourer—on December 12th, about 11.30, I was walking up Hanover Street, Islington—some one ran by me, I do not know who, but immediately afterwards I saw the prisoner and prosecutor quarelling in the middle of the street—I was going away from them—I heard two shots fired, and two men ran by me, one of whom put a revolver in my hand—I took it home, and gave it to Inspector Nicholls on the following Thursday—I have known the prisoner for about three years.
FRANK MARTIN (478N). I was on duty in St. Peter's Street about 11.20, and heard a report like a revolver—I saw the prisoner, and I should say the prosecutor, running up Hanover Street and over the canal bridge—I caught the prisoner, and said, "What do you know about this shooting?"—he said, "Nothing whatever"—I went to the prisoner's.
house next day with the prosecutor—the prisoner came to the door, and the prosecutor said, "That is the man"—the prisoner said nothing—I took him to the station—he said, "I shot in the air."
Prisoner's Defence: I was standing at the back of a lamp-post, and the prosecutor struck me on my shoulder. I ran after him, and fired a shot in the air, and then another shot in the air. I ran after him, but could not catch him.
GUILTY of unlawfully wounding. Two previous convictions were proved against him.— Nine Months' Hard Labour.
OLD COURT.—Tuesday, January 16th,1900.
Before Mr. Recorder.
MR. SYMONDS Prosecuted, and MR. GEOGHEGAN Defended.
NOT GUILTY .
MR. STEWART Prosecuted, and MR. DRUMMOND Defended.
The Prosecution being unable to prove, through the non-appearance of a witness, that the prisoner had not told the prosecutor that he was an undischarged bankrupt, the JURY, by the direction of the RECORDER, returned a verdict of NOT GUILTY .
NEW COURT.—Tuesday, January 16th,1900.
Before Mr. Common Serjeant.
103. JOHN MORRIS VANE (39) , to stealing £4 15s. 8d., £63 14s. 6d, £70 1s. 9d., £35 0 s. 10d, and £101 12s. 6d., the property of Henry Seymour King, his master; also to making certain false entries in the books of his master in 1893.— Twelve Months in the Second Division. [Pleaded guilty: See original trial image.]
104. MAURICE HOGAN (50) and JAMES ROBERTS (33) to robbery without violence on James Barry O'Shaughnassey, and stealing a watch, a pair of gloves, and a letter, his property, Hogan having been convicted on February 7th, 1899, and Roberts on August 4th, 1896. Thirteen other convictions were proved against Hogan and eight against Roberts .— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]And
(105) JOHN THORN AINSLIE WALKER (32) , to wilfully concurring in making certain entries in the books of Forbes, Abbott and Leonard, his masters, with intent to defraud. Judgment respited [Pleaded guilty: See original trial image.]. He was also indicted for stealing 100 dollars the property of his said masters, upon which MR. GRANT offered no evidence.— NOT GUILTY .
MR. H. AVORY and MR. BODKIN Prosecuted, and MR. BURNEY Defended.
BEATA ELLEN RODRIGUEZ GARCIA . I am the wife of Manuel Garcia, of Brondesbury—on September 15th I drove in my carriage from my house to 40, Mecklenburgh Square, to call on some friends—I had a long leather purse containing a £50 Bank of England note which I had received from my husband shortly before, a sovereign, some silver, and two cheques for £11 and £6, drawn to my order by Mr. Garcia, which I had not endorsed, and a key, and a piece of paper about some shares of which Mr. Garcia is the owner—it was the part which you tear off to show that you have paid the income tax—I know that I put my purse down by my side—I made my call about 1 o'clock, and when I came out I could not find it—next day I gave information to the police, and offered a reward.
HENRY CLARK . I live at 9, Clarendon Square, but before December I lived at 54, Drummond Crescent, St. Pancras, about eight months, and the prisoner kept a wardrobe and furniture shop next door to me—I used to talk to him as a neighbour—on September 15th I was in Mecklenburgh Square between 1 and 2 a.m. with my horse and cart, and saw a purse by the kerb—I picked it up and put it into my pocket without looking at it, but when I got home my wife and I opened it and found in it a £50 note, a sovereign, three half-crowns, two sixpences, two cheques and a card—I kept the purse that night, and left it with my wife next day, and did not see it afterwards.
BERTHA CLARK . I am the wife of the last witness—we formerly lived at 54, Drummond Crescent—the prisoner lived next door to us—in the middle of September my husband came home and showed me a purse—I opened it and found in it a £50 note, a sovereign, four half-crowns, and a paper relating to St. James's Hall—I saw the prisoner next day in a public-house, and said that I had found a purse—he said, "Let me look at it"—I went home and fetched it; he looked into it—the contents were just the same—I said, "How much could I get if I take this to Scotland Yard?"—he said, "Nothing, my girl"—I said, "Give it me back, and let my husband give it to you"—he would not give it up; he said, "Let Harry come down and speak to me"—I left it with him—I saw him again the next day, Saturday, the 16th; he showed me a telegram, and said, "This is from Joe"—he has a son named Joe—I read the telegram; it said, "It is all right; I am coming on home. Joe"—the telegram came from Lingfield—on the same evening he came to my room; my husband was there; he said, "Joe has changed the note for £5; here is £3 for you, and £1 for me, and £1 for Joe"—I said, "That will not do; I should have got more if I had taken it to Scotland Yard"—he said, "No, you would not"—I said, "I shan't take that"—he said, "You will have that or nothing," and I took the £3—he had advanced me 10s. on the Saturday morning out of the sovereign which was in the purse—a day or two afterwards he said that he had burnt the purse and the cheques, as they were no use, because the lady's name was not on them—a police-officer came to see me in October, and I told him what I knew about it.
Cross-examined. No other people were in the same bar in the public-house—we had two drinks—a young barmaid served us—she knew us—I went there to see the prisoner—I said, "Give it back to me, and let my husband give it to you; he will be cross if I do not take it back"—he said, very loud, "No, he won't; he will be all right"—he kept it against my will—I thought at first he was going to take it to Scotland Yard—I never gave him permission to retain it; he retained it against my will—I asked him two or three times to give it me back, and he refused—we then had the second drink—the prisoner paid for it—I did not speak to the barmaid—I was afraid to tell her, because the prisoner said, "Keep it quiet, and I will see to it all right for you"—I was content that he should keep it—I never gave him leave to keep it, he would not give it to me—I did keep it quiet that night; I spoke to nobody—I was waiting for my husband to come home, that I might speak to him about it—he was out all that night with the water cart; he did not come home till 8 a.m, and then I spoke to him—at the time I had the second drink the prisoner was still keeping it—I did not ask to see the landlord—the prisoner and I left the public-house together, and he walked part of the way with me—I did not look for a policeman; the Police-station is not far off—I did not go there—I mean to tell the Jury that the prisoner took the purse against my will—my husband went down and spoke to the prisoner next morning, because I would not go down—I mentioned the telegram to the Magistrate—when the prisoner said, "Keep it fast," he did not want his wife to know anything about it—when he only gave me £3 I did not go to the police, because they were great friends of mine and I did not want to—my husband was not there when he gave me the 10s., but he was when he gave me the £3.
Re-examined. I asked him about Scotland Yard because I thought I could take it there and get the reward, as the lady's name was on the cheque—when I left him on the Thursday night I expected my husband would get the purse from him in the morning.
MANUEL GARCIA . I live at Brondesbury—I keep an account at Rothschild's Bank—on September 2nd I drew out two £50 notes—I gave one to my wife and cashed the other at the Bank of England—I also keep an account at the Argyle Bank, and drew two cheques for my wife.
WRIGHT PRICE . I am a clerk in Rothschild's house—Mrs. Garcia keeps an account there—on September 2nd I paid Mr. Garcia these two £50 notes, 45744 and 45745—he cashed a £100 cheque: he had a right to draw on his wife's account.
HENRY CLARK (Re-examined). I left this, purse with my wife—I spoke to her about it on Friday morning, and she said, "I have shown the purse to Mr. Swinson, and he refuses to give it back to me"—I did not know she was going to show it to him, and I said, "You should not have shown it to him, as I was going to take it to Scotland Yard"—I did not take it there on the Thursday because I had been out of work for five months, and I did not want to get out of employment—when I gave it to her originally, on Wednesday night, I said, "You had better keep it, and we will see whether there is a reward, and, if not, we will take it to Scotland Yard"—I kept it because I was at work, and when
my wife told me that this man was keeping it, I did not go and speak to him because I was on night duty—I dare say I passed within five minutes of a police-station, but I did not go in—I saw the prisoner next on Saturday, when he brought the £3—I did not say, "You scoundrel, my wife gave you that purse to look at, and you have changed the note on a race-course," but I thought he might have got more than £5 for it—I did not think any more about it; I was not angry.
WILLIAM KNEE . I am the owner of race horses, of Carlton House, Gloucestershire—I had an interest in Cock, who ran at Birmingham on September 19th; he won, and I won £120, and received two £50 notes, which I paid into my bank.
FREDERICK WILLIAM PRESANT . I am cashier in the Union Bank, Argyle Place branch—Mr. and Mrs. Garcia both keep accounts there—about September 18th a cheque for £6, drawn by Mr. Garcia, was presented by a very respectably dressed woman, 30 or 35 years of age—I asked her her name and address, and she gave it—I then marked the cheque "Orders not to pay," and returned it to her—she was rather dark, inclined to stoutness, a good complexion, and dark hair; she looked like a cook—I gave her description to Sergeant Savage.
JAMES SAVAGE (Police-sergeant, C). On September 23rd Mr. Predham gave me information, and a name and address of a woman, in consequence of which I went to 65, Swinton Street, Gray's Inn Road, and asked for Annie Martin—I was shown into the house, and had a conversation with a short, stout woman, about 30 years old, and full-faced—her hair was dark—I made inquiries of her, and reported what I learned to my superiors.
ROSE COHEN . I live at 65, Swinton Street, Gray's Inn Road, and let lodgings—in September last I let a room to a woman and the prisoner, and his daughter, Annie Swinson, moved in, but she did not go by that name; she said she was a widow—I knew her as Annie.
Cross-examined. I do not know whom the constable saw when he called, as I was not at home—I did not see the prisoner there at all; I do not know him—I never saw him till I saw him in the dock—I know the mother of the person who lived in the back parlour, and that is all I know.
JAMES COHEN . I am the son of the last witness—I know Annie Martin, who lived there with a gentleman with one eye—I knew the prisoner when he lived at Drummond Crescent three months ago, and I used to see Annie Martin there, and used to play with the prisoner's children—they were not Annie Martin's children—I have not seen her since.
Cross-examined. I lived with my mother in Drummond Crescent; not next door to Annie Martin's, but three doors up on the other side—there were not many families living there—my mother did not know the prisoner.
Re-examined. I never saw her speak to the prisoner—her children, came down to where Annie Martin was living.
33—I knew of her marriage; that wan about 1887—she lived with her husband, James Mahoney, about 12 months; he was a cockney Irishman—she left him for somebody else, and then for a gentleman with one eye named Martin—I saw her just before Christmas—I describe her as about 32 or 33, fresh complexon, dark hair, rather stout, about 5 ft. 3 in. or 5 ft. 4 in. high, and weighing about seven stone—she was respectably dressed, and looked like a servant or cook.
ALFRED BALL (Police-sergeant). On December 12th I went to 55, Drummond Crescent with a warrant for the prisoner's arrest, which I read to him—he said, "Good God! what a mistake! I know nothing about it; I do not even know anyone of the name of Clark"—I took him to the station—he only said, "Can I have bail?"—during the hearing of this case I saw a man with one eye.
Cross-examined. The warrant was issued on December 12th.
The prisoner's statement before the Magistrate: "I know nothing about the purse, and I deny what the woman Clark has said. I never saw the purse or contents."
MR. BURNEY submitted that as to the two first Counts which charged stealing and receiving from Mr. Garcia, there was no case to go to the Jury, because on the next day the prisoner had not taken the purse out of the constructive possession of Mr. Garcia; that there was no larceny by Clark unless there was an intent in his mind at the moment of finding it, and he had sworn that he had no intention of appropriating it to his own use, and thus the person he conveyed it to was in point of fact the real finder; that it was absurd to say that there was any real finding by the prisoner, and as it was not stolen by Clark, there could be no receiving of stolen property, as Clark must either have been Mr. Garcia's servant or a bailee; and that as to the other Counts, it could not be said that it was larceny by finding, as at the time of receiving, the property had not actually been stolen. MR. AVORY contended that the whole case should go to the JURY, as Mr. Garcia remained in the constructive possession of the property, though it was nominally in Mrs. Clark's possession, and that it was not material whether the prisoner found it himself or took it from Mrs. Claris hand, and that if he reasonably believed that the owner could be found, and appropriated it to his own use, he was guilty of larceny. The COMMON SERJEANT ruled that Garcia was in possession of the purse, and left it to the JURY to say whether, when the prisoner came into possession of it, he intented to convert it to his own use.
GUILTY on all Counts. He then Pleaded Guilty to a conviction at Clerkenwell on May 13th, 1896, of robbery from the person, and another conviction was proved against him.— Twelve Months Hard Labour.
OLD COURT.—Wednesday, January 17th, 1900.
Before Mr. Justice Phillimore.
MESSRS. C. MATHEWS and GUY STEPHENSON Prosecuted.
—about 4.30 p.m. on August 30th I was driving my van along the Caledonian Road in the direction of Albion Street—outside a public-house there I saw four men in deep conversation—I saw an old gentleman walking along the road—the four men followed him down—my van got close up to the old gentleman, and I saw Barrett (See Sessions Paper, Vol. CXXX., page 923) separate from the others—he ran behind my van, then ran across the road in front of it, and came in front of the old gentleman—Grande made a signal with his left arm for Barrett to do something to the old gentleman—Barrett made a snatch at the old gentleman's chain, and hit him under the chin with his other hand; then the other three rushed upon him and hustled him, and threw him down, with his legs in the gutter and his head on the pavement—I shouted out, "Oh, you brutes!" and jumped off my van—one of the men said to the deceased, "Mind where you are going to"—then they all four ran round a public-house on the other side—I picked the old gentleman up—he had a wound on the back of his head—I tied my handkerchief round his head, and called for assistance—part of his watch-chain was in his pocket, and part not—I picked Thompson out at the Police-court, but at the Police-station I failed to identify him—I was examined here last October, when the other men, Barrett, Grande, and Jones, were tried, and convicted—I say now that the prisoner is the fourth man.
By the COURT. Barrett was the man who hit the old gentleman under the chin—as he fell back he fell on the other three, and they knocked him into the gutter.
Cross-examined by the Prisoner. I did not hear you speak to Grande.
GEORGE FREDERICK BARNES . I am a railway porter—on the afternoon of Wednesday, October 30th, I was walking down Caledonian Street in the direction of Albion Street—I saw the old gentleman and four men round him hustling and struggling with him—one of them struck his arm as if to make a snatch, and he fell on the back of his head in the gutter—three of the men ran away, one stopped a second or two as if to pick him up, then he ran after Jones or Bliss, as he is called—I identified three of the men, and the fourth is the prisoner.
GEORGE JARED . I was next to the Albion public-house in Albion Street, Caledonian Road, on August 30th, in the afternoon—I saw three men running away; I followed them as fast as I could, but they got away—I heard Barrett say, "It is no good running now "—the third man who was running was the prisoner—some time after December 10th I was taken to the Police-station, and amongst them I saw the third man who was running away; that was Thompson.
By the COURT. I saw the old gentleman on the ground with his head in the gutter.
JAMES HARVEY . I am a house agent—I knew Mr. Benbow—on August 30th, about 3.30 p.m., I was called to see him in Albion Street—he was about 64 years old—he was bleeding; I got a cab and took him to the hospital—his chain was missing, his watch was there—he had a £2 piece, which was gone.
THOMAS WALTER COFFIN, F.R.C.S . I practise at 31, Maiden Terrace, Haverstock Hill—I was the regular medical attendant of Mr. Benbow—he enjoyed pretty good health, and was a fairly strong man—I saw him
a short time before August 30th; he was then in fairly good health—I was called on the evening of August 30th to his house, and I found him suffering from a very severe injury go his brain—I did all I could for him; he lingered on till the early morning of October 1st, when he died—I made a post-mortem examination and found that the cause of death was a compound comminuted fracture of the skull, and extensive fractures to the base of the skull—those would quite naturally result from the deceased having been pushed down on to a kerbstone and coming in contact with the stone—I have no doubt that it was from those injuries that he died.
THOMAS PERCY LEGG . I was the house surgeon at the Royal Free Hospital on August 30th, when I attended to and dressed Mr. Benbow's wounds—he had an injury to the base of the skull, from which he was bleeding freely—he desired to go away and have his own doctor—he left and went under the care of Dr. Coffin—all that I saw was consistent with what Dr. Coffin has said.
GEORGE GODLEY (Detective Officer). About 2.45 p.m. on December 10th I saw the prisoner in the Edinboro' Castle public-house—I said, "I want you to come outside"—I took him out and said, "I am Sergeant Godley"—he said, "Yes, I know you; I knew it would come sooner or later"—I said, "I shall arrest you for the manslaughter of Henry Benbow in Albion Street on August 80th last, and being concerned with Grande, Barrett, and Bliss"—he said, "Bliss did not ought to have got so much as he did; I am sorry for my old woman; it was Grande who knocked him out, and Barrett pulled his lot"—I took him to the station, but the witness who attended could not identify him—in the dock at the Court two witnesses identified him, and he was placed with four men, and was identified by Jared—I searched him on his arrest and found two knives, one was a dagger knife.
WALTER SELBY (Detective, G). I was present at the arrest of the prisoner on December 10th, and on the 11th when he was put up for identification by Button and Barnes in the library of the station—I took him back to the cells after—on the way to the cells he said, "What is the good of messing about like this? I am identified"—he had not been identified then—later on he was placed in the dock of the station and formally charged, after which he called me and said, "Selby, those two men did not identify me from amongst the others, but if the carman likes to speak the truth he knows I did not touch the old man, and must have heard Grande say he would knock him out, and must have heard me say, "For God's sake don't do so; I never go in for knocking anybody about."
The Prisoner, in his defence, said that he met the others in a public-house, and was going up the road with them when one of them said, "Here is our fellow," and then he (the prisoner) said, "What are you going to do?" that they said, "Knock this fellow out if he says anything"; that he said, "For God's sake don't do that"; that they started running, and that he did the same because he thought people would think he had helped them, and that he did not stop running till he got home.
GUILTY .— Fifteen Months' Hard Labour.
The✗ COURT awarded £5 to Button.
NEW COURT.—Wednesday, January 17th, 1900.
Before Mr. Recorder.
MESSRS. KERSHAW and GRAIN Prosecuted, and MR. STUART Defended.
JOHN OTTOWAY (Police Sergeant). On December 9th I was off duty, and was going home with Sergeant Willis; we alighted from a train—I saw the prisoner at Maryland Point—I did not know him before—he pushed past me, and walked behind a lady and little girl to the staircase, and remained at the bottom of the staircase till she came down, and then followed her and passed his left hand through the folds of her dress, and then his right hand—she turned and looked at him—he loitered in the booking hall—a train came in on the up platform—he had to cross the bridge to get to it; he rushed down the steps into a third-class compartment and sat on the right of a lady—we followed and sat in another compartment—he alighted at Stratford and another train came in; he looked in, got into a second class compartment on the right of a lady—the train remained on the platform some minutes, and the lady was apparently frightened and got out and got into the next compartment, and as the train started the prisoner jumped out—I am certain it was the lady he sat next to who got out—the prisoner remained on the platform till another train came in, and looked into several compartments, got into one, and sat on the right of a lady—we got into a compartment near—he alighted at Coborn Road, and ladies were in front of him on the platform, and he pushed his hand into the folds of their dresses—he then returned to the other end, got on the metals, and crossed to the other platform, loitered on that side some minutes, and I lost sight of him, but found him crossing the line and coming back to the platform he had left a few minutes before—I told him I was a police-officer, and charged him with attempting to pick pockets in railway carriages—he said, "I have been to Forest Gate to meet my girl," but he had not got to Forest Gate, it was the next station—going to the station, he said, "I have been to Maryland Point to see a young lady who is to be a witness in my case"—I found on him the return half of a railway ticket to Maryland Point—he had no ticket to or from Forest Gate.
Cross-examined. I am not in the company's employ—Maryland Point is the next to Stratford on the up line—if you take a ticket at Maryland Point you can get from Fenchurch Street or Liverpool Street—I do not know whether this was a Fenchurch Street or Liverpool Street train—I have ascertained where he lives—I imagine there was nothing in the pockets which he was feeling with his left hand; I cannot say positively whether there was a pocket—I drew the inference that the lady was afraid, because she got out and got into the next carriage, which was second class—I observed that she was in a class in which the prisoner's
ticket did not entitle him to be—I did not communicate with any of the ladies—the prisoner spoke to no one as he crossed the metals—he said that he was going to Maryland Point to see a witness—he was in trouble for assaulting a conductor.
Re-examined. It is not a proper thing to cross by the metals; there is a regular bridge—he could have got away altogether without crossing the metals.
JOHN WILLIS (city Police-sergeant). I was with Ottoway, and have heard his evidence; it is correct—I saw the prisoner get out of the train at Stratford just as it started—as soon as it started a lady and gentleman sat down on the platform, and he sat on the lady's right, though there were other seats unoccupied.
Cross-examined. I do not biggest that anything was done when the prisoner sat next the lady on the platform—I started with the suspicion that the prisoner was a suspicious person.
Re-examined. He was holding a paper up, but not reading it—I did not know him before.
WILLIAM VIALL (471 K). I took the prisoner—on the way to the station he said, "I have been to Maryland Point station; I had an appointment to meet a lady at 6.30, who was going to give evidence for me; this seems to be a got up thing for me"—when he was charged he took this pocket-book from his pocket, in which he wrote, "Maryland Point, 6.30;" he was going to put more, but I took the book from him.
Cross-examined. When he said, "This seems to be a put up job,' he added, "I am now on bail for assaulting a conductor."
The prisoner, in his defence on oath, stated that he lived near Coborn Station, and went to Shad well to see a friend, but found nobody there, and waited till 7.1, and got into a train on the up platform, and finding the carriage was going to Fenchurch Street, he got out and got into the next carriage, and had barely sat down when a lady got out, and he got out and got into another train, which happened to be a Liverpool Street one, and got out at Coborn Road, as he lived there, and Mr. Bob Kempton came up and the two sergeants arrested him, and that he said he had been to Forest Gate to see a girl, not "my girl," and that she was not present, as the appointment was made by a cabman for him to meet her outside the station, and that he did not know her name, but was to recognise her by her description, and was looking for her fully 11 minutes.
GUILTY .—The police said that he had been six times convicted of picking pockets.— Twelve Months' Hard Labour.
MR. WARRURTON Prosecuted, and MR DOHERTY Defended Rose.
FREDERICK EDGAR JUDD . I am a stationer, of 4, St. Andrew's Hill—about November 17th Robinson came to my office and had a conversation about some advertising and stationery I was to do; he suggested that the account should be paid by a bill accepted by a Mr. Tendron—the bill was for £150, of which £100 was to be paid for stationery and printing—the
address of Tendron was given and verified—on November 24th Robinson brought me the bill (Produced) at three months—I do not know of my own knowledge anything about the handwriting of the bill—on November 25th I saw Robinson and paid him £2, and on the 27th both prisoners came, and Robinson introduced Rose to me as an old friend of Mr. Tendron's, with whom the bill was to be discounted—Rose said, "I have known Mr. Tendron for some years; it is a curious case that Mr. Robinson should have introduced me to an old friend of mine," or "to an old pal of mine"—my clerk was present then—Rose gave me a circular to put in hand for printing—on the 28th I saw Rose alone at my office in the afternoon; he asked me for a cheque for £35 for the postages in accordance with the bill—I had the bill at that time, and had discounted it—I suggested that T should cross the cheque, as it would be a kind of receipt—Rose objected, and wished for an open cheque—I protested, but gave him one for £35 in favour of Rose and Brown; Rose traded under that name—I put myself into communication with Mr. Tendron—I often receive payment in advance for stationery with new people—I did not notice then that the acceptance of the bill was in the same writing as the body.
Cross-examined. Before November 17th I did not know Robinson—the bill was for £150, £100 for the stationery, £35 for postage of that stationery, and £15 was to be allowed me for discounting the bill—I thought it was accepted by Mr. Tendron, and I concluded that it was in order—I gave Robinson the £2 as part of the commission for introducing the printing business to me—Rose left me a circular to be printed—I did not make any appointment with Rose—I did not suggest to him, "Shall I leave this cheque open, or shall I cross it?"—I suggested crossing it—I distinctly remember saying, "I will cross this cheque"—I next saw him on December 2nd, when he wanted the balance of his commission at the rate of 5 per cent.—I said I would rather it remained until the matter was completed—my suspicions were aroused when he asked for the cheque to be left open, and I wrote to Mr. Tendron, informing him of the bill being under discount—Rose sent me a receipt for the cheque—I did not see Rose again until he was arrested—I had an order from him for some 5,000 circulars on November 28th, but when I heard from Mr. Tendron's solicitors that the bill was an impudent forgery I stopped the order.
HENRY EDWIN TAYLOR . I am a clerk to the last witness, and was present in his office on November 27th when Robinson and Rose called there—Rose said that Mr. Tendron was an old friend of his—Robinson called by himself on December 1st.
Cross-examined. I was in the same office on November 27th—it is a small office; it is usual for me to be there; I am with Mr. Judd all day—there is no private office; I was not listening to the conversation, I was transcribing shorthand; that does not require a good deal of attention—I cannot say how the name of Mr. Tendron was first brought up—I did not hear the whole of the conversation; what I heard was that Mr. Tendron was an old pal of Mr. Rose's—I was asked by Mr. Judd to tell the truth of what I heard—I cannot say when he asked me.
office when Rose was there on November 28th—I handed Mr. Judd the cheque-book, and the cheque was drawn for £35; Mr. Judd suggested it should be crossed, but Rose said, "No."
Cross-examined. I cannot say what words Rose used; he said, "Leave it open."
FREDERICK TENDRON . I live at Manor House, Tunbridge Wells—I bank at the London, City and Midland Bank, Thread needle Street—this bill is neither signed by me nor by my authority; I know nothing about it except from communications—I do not think I ever saw the prisoner.
Cross-examined. I met Mr. Robinson once—I took him to St. Petersburg with me—that was 16 or 17 years ago; he was with me about three weeks.
WILLIAM MATTHEWS (City Detective). On December 7th, about 2.45 p.m, I saw Rose in Bridewell Place—I told him I was a police-officer, and was going to take him into custody for being concerned, with a man named Robinson, in forging and uttering a bill of exchange—he said, "I drew the bill on Rose and Brown; it is all double Dutch to me"—at the station, in answer to the charge, he said, "I know nothing about the fact of its being forged; any part that I may have taken I am innocent of"—I saw him write this document, and these two others were found on him (Produced).
Cross-examined. Rose asked to see Mr. Judd for an explanation—I told him he would see Mr. Judd at the station.
JAMES BROWN (205 City). From information I received I kept observation on 17, Sanley Road, Balham—after waiting there from 2 o'clock till 11 the two prisoners came out together; I followed them, and they parted in the Strand, Rose going west and Robinson east—I know they have been living together.
MR. DOHERTY called
FRANK ROBINSON (The other Prisoner). I got married recently—the signature on this bill was forged by me; Rose had no knowledge of my forging it—he wrote out the body of the bill at my instruction—the £35 was handed to me—I had some business with Mr. Judd after that—I wrote the signature on the same day as the bill is dated, November 24th I think, in the Guildhall library; nobody was with me.
Rose, in his defence on oath, said that he wrote the whole of the body of the bill at Robinson's dictation; that he did not say that Tendron was an old pal of his; that Judd asked him if he would like the cheque open or not, and he said he might as well leave it open; and that he did not write the signature.
ROSE— NOT GUILTY .
111. FRANK ROBINSON was again indicted for forging and uttering an order for £25; also for obtaining by false pretences a bracelet, with intent to defraud; having been convicted on August 16th, 1895, to both which he PLEADED GUILTY .— Fifteen Months' Hard Labour.
THIRD COURT.—Wednesday, January 17th; and
NEW COURT.—Thursday, January 18th, 1900.
Before Mr. Common Serjeant.
MR. GRAIN, for the Prosecution, offered no evidence.
NOT GUILTY .
Prosecuted; MESSRS. GEOGHEGAN and NOLAN Defended.
The evidence was interpreted to the prisoner.
CHARLES WILLIAM ADAMS . I am a clerk at the Middlesex Sessions—I produce indictment against Israel Benfielo, who was tried on November 24th before Mr. Loveland for larceny and receiving—he was convicted of receiving 148 lb. of beeswax, and sentenced to six mouths in the Second Division—I also produce the original depositions taken before Mr. Mead, the Magistrate.
THOMAS POULTON . I am an usher of the County of London Sessions, Clerkenwell—I was on duty on November 24th, when Benfield was charged with stealing and receiving beeswax before Mr. Loveland—I administered the oath to the interpreter, and heard him administer the oath to the prisoner in Yiddish.
Cross-examined. Another interpreter wanted to interfere; not Mr. Levy, who is the interpreter to the Court.
WOOLF LEVY . I live at 11, Poland Street, Oxford Street—I am interpreter to the North and South London Sessions—I acted as interpreter at the trial of Isaac Benfield on November 24th—I administered the oath to the prisoner, who was a witness, and the prosecutor—Yanofsky and Goldsteen or Goldschmidt were witnesses for the defence—the prisoner was present during their evidence—I interpreted their evidence from the Yiddish, which the prisoner understood—in the prisoner's presence I heard Yanofsky say that on Sunday, November 12th, Pozner and Goldschmidt were playing at cards with him in a room at 95, Jubilee Street; that a man named Harris came in, and the prisoner said, "How are you going on, Harris?" that Harris replied, "I have sold the wax, but I have not got the money for it yet"—after that evidence Pozner was recalled by the Judge's direction, and asked whether he had heard what the two witnesses had said—Goldschmidt spoke in English—I explained the evidence to the witness—he replied, "It is an absolute lie"—he said he did hear it—he took a cheque-book out of his pocket and said, "I will give £100 to anyone who ever saw me playing at cards in 95, Jubilee Street with them at any time"—the prisoner was asked whether he had given at any time authority to Harris to sell his wax, and he said, "No."
Cross-examined. Mr. Peter Grain defended Benfield, an Mr. Raphael was his solicitor—it was a bail case, which came on on Friday, the last day of the Sessions—I had acted as interpreter in five or six other cases—the police spoke to me a fortnight afterwards about it—I attended at Clerkenwell—Yanofsky is a Russian Jew, and Goldschmidt a Polish Jew
—a woman I do not know was a witness—Benfield speaks English—I was not asked to interpret him—a "greener" is a fresh arrival, who is put to "sweaters" in the East-end—Rosie spoke English, and what she did not know I had to help her out—I said before the Magistrate the words used, "Or something to that effect, "because Pozner might have said, "How are you going on?" or "How are you?"—there was an interpreter who offered to give evidence on either side for a sovereign—he was called—the case was before Mr. Bros—Pozner complained that the man Myers said that unless he would give him a guinea he would be a witness for Benfield—he was a witness for Benfield before the Judge.
JOSEPH ZIMBLER . I am a shoe manufacturer, of 44, St. Thomas's Road, South Hackney—I heard Pozner give his evidence on November 24th—the Judge asked the interpreter to ask the prosecutor whether he had played at cards with Yanofsky and Goldstein on Sunday, November 12th, and he said, "No, that is a lie"—Pozner said in Hebrew, "I can swear a hundred times that I have not been there" and he produced a cheque-book from his pocket, and said in Hebrew that he would give £100 when they can prove it—Pozner, when asked, said that Harris only did occasional jobs, and he never authorised him to sell any goods—I was a witness to Benfield's character, as he had worked for me several years while I was in business.
Cross-examined. I was a witness for Benfield—I was not his friend—I subscribed for his defence, not at the Clerkenwell Sessions—I gave a little donation to his wife—I do not know whether it was for his defence or not—I was asked by his wife to attend—I saw Mr. Raphael in the Court—he took my statement before the Magistrate.
BENJAMIN EDWIN LEE . I am a boot manufacturer, of 19, Old Ford Road—I was present at the Clerkenwell Sessions when Benfield was tried for stealing wax—I gave evidence of his good character—I heard Pozner recalled after the witnesses for the defence—he swore he was not playing at cards at 95, Jubilee Street, on Sunday, November 12th, nor at any time—he answered that the evidence given respecting his playing at cards was all false.
BARNARD YANOFSKY (Interpreted). I am a shoemaker, of 6, Smith's Place, Garden Street, Stepney Green—I have known Pozner a few weeks—on Sunday, November 12th, I was at 95, Jubilee Street in the afternoon, playing a game of cards, called Sixty-six, with Solomon Cohen, Goldschmidt, and Pozner—after four o'clock a young man came in—Pozner asked him how he was going on—he called him Harris—Harris answered, "I have sold the wax, but I did not get the money," or "receive the money"—Harris sat near the prisoner when they were playing, and then he was gone—he was sitting near Pozner a good while—I went shortly after Harris—I left Pozner there.
Cross-examined. I left before Pozner—it was after 5—I knew Benfield from a distance—I had not complained to the detectives that Benfield's witnesses had threatened me—I saw Mr. Raphael at the Sessions, but never spoke to him.
Re-examined. I received a summons to appear at the Sessions, because Benfield saw me at 95, Jubilee Street.
into 95 on November 12th about 11 or 12—I stayed about 11 or 11.30 p.m.—in the afternoon I played a game of Sixty-six with Cohen, Pozner, and Yanofsky, the man with the beard—we commenced about 12 and played till 6—Harris came in a few minutes after 4—Pozner said, "How are you going on?"—Harris said, "Well, I have sold the wax, but I have not got the money yet for it"—Harris remained a little time and went away—I gave evidence to this effect at the Clerkenwell Sessions.
Cross-examined. I gave evidence before Mr. Loveland and the Jury—the detectives came to me—I did not tell them all I knew was what my wife told me—Benfield was in the room—he was not playing at cards—the officers never spoke to me about this case—I had no time to go to the Thames Police-court—I have known Benfield since this case commenced—no one paid my expenses—I have been paid no money, nor promised any—I am manager of a business, and cannot stop away—I was bound over at the Sessions—I had an "execution" (Subpoena)—I remained in the room the whole day—I went a bit to the back room—Yanofsky left about 6 or 6.30—Pozner left a few minutes after Yanofsky—it may have been 5 or between 6 and 7—Pozner left before Yanofsky—if I said Benfield was playing it is a mistake—I never said he was in the room—some ladies came in the room—some men were there—I do not know everybody who came—I never played at cards there before—Benfield was a stranger, also Pozner—they were playing from 11 to 6 or 7.
Re-examined. I heard on Monday that Benfield was taken into custody—my wife attended the Police-court as a witness—I heard Benfield had been committed for trial, and I went to the trial, as I am a man to speak the truth—I offered to go in consequence of what my wife told me.
SOLOMON COHEN (Interpreted). I live at 95, Jubilee Street—on November 12th several friends were playing a game of cards called "Sixty-six"—Goldschmidt, Bernard, Yanofsky, and Pozner, and myself began playing about 12 o'clock, and played till 7 p.m.—Harris came in before 1 o'clock the first time—he told Pozner he had an order for wax, and they left the room, then Pozner went to his house, and came back in about a quarter of an hour—Harris came about 2 o'clock, and said he did not find the man who had given the order, and he must see him again at 4 o'clock—between 4 and 5 Harris came again—he told Pozner the wax was sold, but he did not get the money—the same four persons were playing cards—this is not a club, but a private house, and we had been playing for the first time—Pozner was in the room about half an hour after Harris left—about 10.30 or 11 p.m. Pozner came back again—he said he did not think he would be able to find Harris; "he has gone with the money."
Cross-examined. Goldschmidt was present when he said that—I made my mark on the deposition; I did not sign—I cannot write Yiddish or Hebrew—I never heard of Pozner stealing oilcloth, but he sold oilcloth, and paid my wife—I do not know the writing on the postcard produced—they played cards, and Goldschmidt and Pozner sent for drink—Goldschmidt was there when Harris came back at 2 o'clock, also Yanofsky—I last saw Harris about 5—all four were in the room, and two ladies—
one girl came in before Harris, and the other after—Ehrmann's sweetheart was in the room—I did not give evidence at the Sessions.
Re-examined. After the Sessions I was asked if Pozner was playing, and had refreshment—they all remained in one place, without stopping all the time, from 12 to 5—there was another room used as a kitchen—perhaps Goldschmidt went out—I paid no attention—Barnard was with me all the time—a boy was sent for drink.
ADA EHRMANN (Interpreted). I live at 95, Jubilee Street—on October 12th I came there from work about 5 p.m.—there were there Solomon Cohen, my uncle, Barnard Goldschmidt, and Jacob Goldschmidt, and Pozner, and Harris was sitting near by giving advice how to play at cards—my intended, Joseph Fujard, was waiting for me, and I did not remain long—when I left Pozner was still there, and Harris—I do not know Benfield.
Cross-examined. I have not seen them playing at cards before—I was only in the room to arrange my hat and hair and go out, and did not watch the playing.
ENI EHRMANN (Interpreted). I live with my uncle at 95, Jubilee Street—on November 12th I came in after 4 p.m.—Barnard Goldschmidt, Pozner, and Solomon Cohen were playing at cards as I went through the room to the back room to change my dress—Pozner lived at the same house—I had not seen card playing at my uncle's on other days—this is the only time—my young man, Isaac Fujard, came up—he did not come with me.
Cross-examined. I make button-holes.
Re-examined. I have known Pozner as long as he resided there—about a couple of weeks—he said he sold wax.
JOSEPH FUJARD . I am a tailor, of 182, Old Montague Street—I am engaged to be married to Ada Ehrmann—on Sunday, November 12th, I went to 95, Jubilee Street—she was not in—I waited for her upstairs—she came after 5—Solomon Cohen, Jacob Goldscbmidt, Pozner, and another man were playing at cards—I should know the other man—he had a beard like that man (Yanofsky)—ten days before I saw Pozner.
Cross-examined. Six or seven were in the room—the sister of my sweetheart was there—I have not seen them playing at cards before or since.
GEORGE URBEN (City Detective). The prisoner surrendered at Arbour Square, on December 4th—I read and explained the warrant to him—he said, "I have not sworn false; I was not at 95, Jubilee Street on November 12th in the afternoon; I have nothing to be afraid of; that is why I gave myself up; I went to Detective Beavis' house on Saturday morning, and I have been to Detective Stephens' house this morning; I have nothing to run away for"—when formally charged he said, "I did not swear false; I never played at cards in my life."
Cross-examined. I searched for Pozner, but could not find him on Sunday, 3rd—he said he had been to Beavis' and Stephens' houses—those officers told me someone resembling the prisoner had been when they were not in—Pozner told me he went to the detectives' houses because some men had threatened to kill him.
The Prisoner, in his defence on oath, denied that he had given false
evidence, and stated that he was not playing cards on November 12th at 95, Jubilee Street, or at any time, and that he had never given authority to Harris to sell the beeswax which Benfield had been charged with stealing.
Evidence for the Defence.
NELLIE GOLDMAN (Interpreted). I am the wife of Morris Goldman, of 85, Christian Street—on Sunday, November 12th, Pozner came there after 10 a.m.—he left about 7 or 7.30 p.m.—he took his meals there—I saw him during the day—his dinner was at 1—after dinner he sent my girl for beer—he drank three or four glasses, and said his head was a little heavy, and I said, "Go upstairs and lie down, and you will feel better"—he went upstairs.
Cross-examined. Pozner comes every Sunday—he takes his meals at my house—he leaves about 5, but this day he had some beer, and that is why he stayed longer—I cannot remember exactly his coming or going on November 5th or 12th, only that he usually comes between 10 and 11 and leaves after 5—he spent the 19th playing with the children, and he plays a violin—on the 12th he took his breakfast after 10; I was busy with the washing and cooking the dinner, and he was reading the newspaper in the kitchen—he takes his meals in my house all the week—after dinner he went upstairs to sleep in the front room—I saw him there when he complained that his head was swinging—he was lying in bed, but not asleep—he came down after 7—on Sundays he does no business—on Saturdays he takes his meals and leaves the house.
KATIE BORNSTEIN . I am single, and live with the Goldmans at 85, Christian Street—I remember Pozner coming on Sunday, November 12th, in the morning—he ate his breakfast, had his dinner, and after dinner he drank beer—he complained to Mrs. Goldman that he felt giddy, and she advised him to go upstairs and lie down—he went upstairs—I was asked by Mrs. Goldman to clean the room, so I went up—I saw Pozner sleeping in the bed—I was at that house the whole day—he was there when I left the house about 6 or 6.30.
Cross-examined. He was in the front room upstairs—I gave evidence for Pozner before the Magistrate—I said, "He left the house between 6 and 6.30"—the interpreter misunderstood me—I said when I left the prisoner was still in the house—I heard Mrs. Goldman say in her evidence before the Magistrate, "I saw him asleep in the front room downstairs"—I am quite certain of that—it was a Yiddish interpreter, and he misunderstood me—I am from Poland; it is a different jargon—on the ground-floor it is the back room, and upstairs the front—I went into the room only once, and then before I left the house I went there to dress myself—the first time was 3 or 4 o'clock, after dinner.
EMANUEL YAGUD . I am a tailor, of 20, Davis Avenue Buildings, Ann Street—I saw Pozner on Sunday, November 12th, at Morris Goldman's house, at 85, Christian Street—I went there about 6 or 6.30 p.m.—I stayed with him till 11 or 11.30, and in the house about half an hour—we went out together, first to Webster's public-house—I walked about with him—we went up Whitechapel, looking at the shops—a few hours passed away, and I left him and went home—we stopped at Webster's—we went into another public-house and had a drink—I did not drink very much.
Cross-examined. I am certain about the date—I do not know where I was on the 5th—on the 19th I was at home at work in the workshop—I do not remember what day of the week it was—I remember the date because the next day I was speaking with the detective and his officers, and he said it was the 13th; that is why I know Sunday was the 12th—I am not a scholar—the 19th was after that week—I was at Morris' house—I distinguished the 12th; the other man sold the beeswax, and the detective came on November 13th with a book, the next morning—I was asked to give evidence on the 14th, Tuesday, because I was told Pozner was locked up because it was said that in Jubilee Street they were playing at cards, and they said, "You know that he was not there in the place playing at cards, because you walked about with him"—I knew on the 13th of the prisoner's arrest—Jacob, a bootmaker, was with me—I am called "Mendel" in the neighbourhood—I heard at King's Cross Police-court that Benfield was going to say Pozner was playing cards—I did not say at the Police-court, "I went into 85, Christian Street between 7 and 8 p.m."—this is my mark—I was asked if the deposition was correct—I walked up Church Lane into Webster's in Aldgate at the corner of Commercial Street—I remained half an hour—I then went along Whitechapel, looked round the shops, and talked about home and our country to a few men—I left one man in the Commercial Road and went home—I swear I did not go to Jubilee Street—I know where it is, near Stepney Green—Pozner said nothing to me about Harris or the wax—I was not quite sober, because I had had a few drinks—it did not disturb my memory—I was not drunk—I did not swear before the Magistrate, "He said nothing to me about Harris or the war that I remember; I cannot say for certain; I had been drinking rather deeply"—I said I could not remember it much—I do not know what "deep" means—I did not say, "For that reason my memory is not very clear"; I said that we had a few drinks—I was asked if we had been speaking about wax, and I said we had a few drinks, and I did not remember whether we had been speaking about it or not.
SOLOMON FRYLER . I am a tailor, employed by Mr. Green, of Centre Street—I lodge at Mrs. Goldman's, 85, Christian Street—I was at my lodging on Sunday, November 12th—I was at home all day—I saw Pozner there the whole time—when I came down from my bedroom into the kitchen in the morning he was there—he left about 7 or 7.30 p.m.
Cross-examined. I first saw him about 10.30 or 11, when I came down—I went out after dinner—when I came home he was asleep in the front room upstairs; Mrs. Goldman's room—I had not seen him in the front at my tea, and I asked Mrs. Goldman where Mr. Pozner was, and she said, "He is asleep"—I had my tea—I saw him about 6.30, when he came down from the front room, and had his tea as well as me—Nellie Goldman and Katie Bornstein were there, not having tea with me—I met Bornstein in the yard—I had my tea when Pozner was asleep.
FRANK BEAVIS (Detective, H). I was one of the officers in the prosecution of Benfield—I was present at his trial—I had a conversation with Goldschmidt about 10 the night Benfield was arrested—Pozner came to my house several days before he surrendered—I believe he went to Stephens's house—he said that some witnesses had been round to his
house and threatened to knock him about—he had given evidence against Benfield, who had been convicted on November 24th, and had been sentenced to six months in the Second Division—I never heard anything about false evidence till the warrant was out.
Cross-examined. The warrant for Pozner's arrest was issued on the Saturday, and he was arrested on Monday—he had not been to my house before that, but he had complained to Stephens and me in the street about two days before Benfield's conviction.
Evidence in Reply.
ROSIE GOLDSCHMIDT . I am the wife of the witness Goldschmidt, of 93, Jubilee Street—on Sunday, November 12th, between 5 and 6, Pozner knocked at the door and said, "Is Harris here?"—I answered, "No"—he said, "I cannot make it out; I cannot see Harris, and I cannot see the money," as he was going away—I had seen Harris pass my place that morning—he came round when Pozner had a cup of tea in my place, and said, "Pozner, I want you"—he talked about wax; I do not know what it was; I went downstairs—the conversation was before breakfast, about 10, because he went out late—I went outside with a pail of water to clean the s✗eps; I was next door to 95—I saw Harris come out of the passage and put wax on a barrow on that Sunday morning—he went straight from my place to No. 95—I saw Harris and Pozner go out of 95 together—I next saw Harris putting wax on a barrow—I did not tell Pozner what I had seen because he did not ask me any more—I saw Pozner next door that afternoon, when I went to ask my husband to come and have something to eat—Pozner was sitting by the table in Cohen's room at 95—they were playing Sixty-six, and he would not come home to tea—sometimes I work a quarter or half a day, and sometimes not, and sometimes 1 o'clock is the dinner and sometimes not—I gave evidence for the prosecution at the Thames Police-court when Benfield was charged with stealing wax.
Cross-examined. I did not say at the Police-court that I was struck by Harris taking away the wax on the barrow—I say the same now, that he was taking away the wax—I cannot understand you—I did not say that Pozner did not say he had given Harris authority to take away the wax—Pozner first spoke to me about the wax—I was present at the Sessions the whole time—I cannot think of all I heard, as if I had nothing else to think of—I cannot tell whether Pozner denied giving Harris authority to sell the wax—I cannot tell what he said; it is a nice few weeks ago now—neither Yanofsky, Cohen, nor Zimbler came to my house, nor to my husband.
Re-examined. Benfield was not my friend—I never saw him, only in Court.
GUILTY .— Nine Months' Hard Labour.
OLD COURT.—Thursday, January 18th, 1900.
Before Mr. Recorder.
MR. KYD Prosecuted.
known Shaw some time—I did not know Brooker before November 11th, when my attention was directed to him, about 2 p.m., by my manageress, Mrs. Yell, who spoke to me in the bar—Brooker could not hear what she said—she brought me this cheque for £5 17s. 9d.—I went round and said to Brooker, "Is this your cheque?"—he said, "Yes"—I said, "Is your name Redman?"—he said, "Yes"—Shaw was present, and must have heard what I said—I said, "Wait a minute; I will go and see about this cheque"—Shaw said, "What is it, governor? it is Glickstein's cheque; that is all right; over the road; you know Glickstein"—I said, "I don't know if it is his"—he said, "That is all right; I will come across the road and prove it"—on that I cashed it—I have cashed cheques for people that Shaw brings in when the signatures are of people I know in the neighbourhood—I do not charge any discount for doing it—Shaw brought in another cheque on the same day, which I did not cash—I paid the first cheque into my account; it is now marked, "No account"—about a week after Shaw brought in another cheque for about £1 5s., which I cashed for him, and I taxed him about the other cheque—I said, "Do you remember on Saturday that there was a party who brought a cheque in from Glickstein?"—he said, 'Yes; that was Brooker, of Pool Street"—I said, "How could that be Brooker, when he said his name was Redman?"—he said it was Brooker—that was the first time I had heard the name—I said, "Do you know that the cheque was a stolen cheque, and it is not Glickstein's signature at all?"—he said, "Oh! I do not know anything about it"—I said, "You might try and find out for me who the man is"—he said, "I will try"—he seemed rather fidgety over it—I understood him to say that Brooker was a tablemaker—I knew the signature was right on the other cheque for £1 5s.—this is the sole cheque which he has brought and which was dishonoured—Shaw and his friends called themselves agents, other people called them touts—I suppose they get something from the people for whom they cash the cheques—I did not pick Brooker out; he passed my place with Detective Hodson, and I thought I would go to the Court and tell Hodson he had got the man for my cheque.
Cross-examined by Shaw. I did not say that if you would stick to me I would stick to you—you were at the public-house on that Saturday you said that you would go across to Glickstein's with me.
PHILIP MOSES . I live at 236, Burdett Road, E., and have a clothier's shop at 53, High Street, Whitechapel—on October 10th I left my shop about 8 o'clock; I locked it up myself; I was called up early in the morning by the police and told my shop had been broken into—amongst the things I missed was a cheque book; this is a cheque of mine (Produced).
NATHAN GLICKSTEIN . I live at 94, Camfield Gardens, West Hampstead, and am a cabinet manufacturer, of 35, Great Eastern Street—I know Shaw by sight—I see my name on this cheque, but it is not my writing—I did not give anybody any authority to sign my name—I have an account with the City and Midland Bank, but not at this branch.
the bar, but I cannot swear to the other man; the other man said, "Can you cash a cheque?"—I said, "Wait a minute; I will see Mr. Street"—Shaw said, "That is all right, governor, it is Mr. Glickstein's, over the road."
Cross-examined by Brooker. I do not remember you; I did not take particular notice; I know Shaw; he is a regular customer.
Cross-examined by Shaw. I swear you were there on that Saturday; you said you would go over the road.
ERNEST BENJAMIN YELL . I am manager to Mr. Street—I was behind the bar on Saturday, November 11th—I saw the two prisoners; I saw Mr. Street handing some money to Brooker—I am sure the man who was speaking to Mr. Street was Brooker—Shaw said something about Glickstein: that was before the money was paid—I did not know Brooker; I knew Shaw as a customer.
Cross-examined by Brooker. I saw you before I saw you at Worship Street.
Cross-examined by Shaw. I am quite sure you were there; I know you so well.
RANDELL HODSON (Detective Sergeant). On January 4th I saw Shaw in Worship Street—I showed him this cheque, and told him I should arrest him for doing concerned with Brooker, and forging and uttering it on November 11th, and defrauding Mr. Street of the amount—he said, "I know nothing about that cheque; all I know is that Street asked me if I knew where Glickstein lived, and I said over the way"—when charged at the station he said to Mr. Street, "Did I not say I would go to Mr. Glickstein with you and prove it was right?"—Brooker was already arrested, but on January 12th he was charged with being concerned with Shaw in forging and uttering a cheque; he said he knew nothing about it—he was arrested on January 4th.
By the COURT. Process had been given against Brooker before that, but not in this case.
Brooker's statement before the Magistrate: "I know nothing of it"; and Shaw said, "I know nothing of the cheque at all; I am innocent altogether."
Brooker, in his defence on oath, stated that he had worked up till 4 o'clock on the 11th; that he only knew Shaw by sight; that he had never been with him when he had cashed the cheques.
R. HODSON (Re-examined). The prisoner gave me his employer's address, and I went and saw him—I have not seen him to-day; he was here the day before yesterday.
Evidence for Brooker's Defence.
Cross-examined.. He never gets home till nearly 6 or 7 on Saturdays, and Mr. Murray told me himself that he never leaves work till 4 o'clock on Saturdays.
Shaw received a good character.
NOT GUILTY .
MR. KYD Prosecuted.
No evidence was offered against SHAW.— NOT GUILTY .
PHILIP BRINKMAN . I keep the Bricklayers' Arms, Charlotte Street—I have known Shaw some time as a casual customer—on December 29th he came in with Brooker and said, "Governor, can you change a cheque for my little friend?"—I said, "I don't know your friend, but I will cash it on your responsibility"—he asked his friend for the cheque—Brooker passed it to me—I thought it was a funny sort of cheque; it was to the East London Water Company—I said, "How is it to be endorsed?"—Shaw said, "That is all right; I know he is a respectable man, and know where to find him"—I was busy at the time, and gave the money to Brooker—I paid it into my bank—I saw Shaw next day, and had a conversation with him, and he eventually got Brooker for me—he took me to a man's house, and Brooker came out from behind a door—he said, "I may as well confess to it; I own I had it; the little girl picked up the cheque, and gave it to my wife, and I had it from my wife. I was hard up, and had had something to drink, and I brought it to you"—he had not had anything to drink.
Cross-examined. You said, "Don't be hard on me, governor; I will pay you the money if you let me go"; and you said, I could go to your governor, and he could stop so much a week.
ISAAC LOUIS GOLDBERG . I am a house agent, of 7, Fornier Street, Spitalfields—this cheque was drawn on December 27th by my partner and I—I put it into my pocket with other papers, and kept it a few days, but lost it in Oxon Street—I do not know the prisoner.
RANDALL HODGSON (Detective-Sergeant, G). I saw Brooker on January 4th, and told him I held a warrant for his arrest, and read it to him; he said, "I know I did wrong, but I was hard up at the time, or I should not have done it."
Brooker, in his defence, on oath said that his wife gave him the cheque, which her little niece had found, and that he changed it.
Evidence for the Defence.
ANNIE BROOKER . I am Brooker's wife—my little niece brought me an envelope which she had found in the street—I did not know what was in it, and I gave it to my husband; he said it was of no consequence, and I kept it till the following morning, when he asked me for it; I gave it to him, and saw it no more.
GUILTY .—Recommended to mercy by the JURY.— Discharged on his own Recognizances.
MR. HODGSON Prosecuted.
CYRIL NEWNHAM . I am a fisherman, of Great Yarmouth—in December I was staying with my sister at Putney for a holiday—on December 12th between 3.30 and 4 p.m., I went to the Hop-poles public-house, in Hammersmith—I saw the prisoner there; I did not know him before; there were
some others in the bar; they wanted to get into conversation with me——I treated them; I paid for the drink with silver—I had £6 10s. in gold in my side pocket in a leather purse; then I went out into the passage—I came back into the bar and treated them again, paying for that in silver; then I went out into a little snuggy: places all numbered off; I went into No. 3; the prisoner came in, too, and I treated him—I laid down a sovereign that time, which I took out of my purse; then I went out into the passage; the prisoner followed me; there were some others outside waiting, and when I got outside the prisoner struck me in the chest with his fist, and I fell down on the back of my head—I did not remember any more till someone picked me up—I did not see the prisoner or any of the other men; my watch and chain and the money in my purse had gone then—I went back into the snuggy, and told the barman I had been robbed.
Cross-examined by the prisoner. When I met you I was not with anybody; I did not have a quarrel; I was not intoxicated—after I had been robbed I went out to the Grove Railway Station to get a ticket to Putney—in the bar, after I had been robbed, I put a sovereign down; I had some money in another pocket, so I paid for drink for the people who picked me up; you were not there then—I did not refuse to pick up my change—I was only robbed of what I had in my purse.
DANIEL MCKELLAR . I am a barman at the Hop-poles public-house, King Street, Hammersmith—on December 12th, in the afternoon, I saw the prisoner in the bar; I knew him by sight—I saw the prosecutor there, too—there were others there—I saw the prosecutor treat the men, after which they went outside—I heard a scuffling and saw the prisoner trip the prosecutor up in the passage; he fell inwards into the bar; the door was open; the men went away, and did not come back again till the evening—Newnham came back again; he was crying.
Cross-examined. I said at the Police-court that I heard scuffling in No. 5 bar, and I ran out and saw Newnham lying on his back in the bar, and nobody near him; I saw you trip him up and run away.
MARY ANN KING . I live at 1, Portland Road, Hammersmith—I was in the Hop-poles on this afternoon; I did not see the prisoner there—I know him by sight—I saw the prosecutor there—I heard some struggling in the passage—I could not see who the men were—I did not see Newnham in the passage; I saw him in the bar—he was bleeding at the mouth—he said he had been robbed—I said before the Magistrate, "I saw two man struggling on the ground"—I cannot swear who they were; they were too far off to see.
Cross-examined. I saw the prosecutor change a sovereign over the bar—that was after he had been robbed—some men helped him in and brushed him down—I do not know if he refused to pick up his change.
EDWARD GILLHAM (194T). I arrested the prisoner on December 13th at 12.30 p.m.—I charged him with stealing a watch and £6 10s. from a man whose name at that time I did not know—he said, "God blamey! who gave me away?"—I took him to the station, where he was charged.
Cross-examined. When I arrested you you were outside the Hop-poles, by yourself—you were not in the custody of another constable.
not know the man named Spider"—I had charged him with being concerned, with a man called Spider, or Gage—he said, "Spider had his corner"; that means his share—he said to Spider, who was there, "Hulloa! Spider, you are well beat, the same as I am"—I found two sixpences on him.
Cross-examined. I was at the station when you were brought there—you were brought into the waiting-room by two constables.
The prisoner, in his defence, said that he met the prosecutor with a friend in the public-house; that they asked him if he would have a drink; that he did so; that the prosecutor and his friend had a row; that he (the prisoner) went into the passage and saw the prosecutor on the ground.
GUILTY .**†—He then Pleaded Guilty to a conviction of felony at Clerkenwell on December 20th, 1898, and another conviction was proved against him.— Three Years' Penal Servitude.
MR. HODGSON Prosecuted.
CYRIL NEWNHAM . After I had been robbed by Godfrey I saw Gage in the snuggy—he came and picked me up and brushed me down; then I treated him—I am not quite certain what I paid for the drink with, but the barman put the change on the counter, and I took up the silver—I have not had anything to drink to-day—I was upset and trembling at the time.
Cross-examined by the prisoner. I walked into the bar by myself.
DANIEL MCKELLAR . After the prosecutor had been picked up he came into No. 3 bar—Gage was there, and asked him what was the matter with him—he said he had been robbed of £6 10s.—Gage helped to brush him down—the prosecutor called for drink, which came to 9d.—he put down a sovereign, and I gave him 19s. 3d. change—there was a half-sovereign among the change—I put it on the counter, and told him to put it in his pocket—I put the half-sovereign separate from the other money—I went to serve somebody else—I saw Gage with the money in his hand; he said to the prosecutor, "Here, old chap, take the money," and he gave him 9s. 3d. and kept the half-sovereign between his fingers—I did not speak to him about it; I thought I might get into trouble with some of his friends—I know the prisoner; he has been to the public-house—the prosecutor took the 9s. 3d.—I did not see him count it—he put it into his pocket and went out.
Cross-examined. The prosecutor did not say to you, "Here you are, take it," and give you the half-sovereign.
ARTHUR ALLEN (Police-Sergeant). I arrested Gage on that night outside the Hop-poles—I charged him with being concerned with Godfrey in stealing £6 10s. and a silver watch and chain—he said he did not know the man named "Michy" Godfrey—that is what he is known by—he said, "I have been working all day; I borrowed 2s. 6d. this afternoon, and I lent a man 1s., and I have not got any money"—when the charge was read over to him he said, "I gave him back the empty purse"—on searching him I found 4s. 6d. in silver and 5d. in bronze.
the prisoner that he had been robbed of his purse; I saw the prisoner go into one of the bars and pick up this purse (Produced) and hand it to the prosecutor—there was nothing in it.
The Prisoner, in his defence, said that the barman put the money on the counter; that the prosecutor said, "Here, take this," and put a half-sovereign into his hand; that he said he would not take it, and the prosecutor put it into his pocket.
GUILTY .—He was stated to be an associate of Godfrey.— To enter into his own Recognizances.
OLD COURT.—Friday, January 19th, 1900.
Before Mr. Recorder.
MR. MUIR and MR. JAY Prosecuted, and MR. BURNIE defended Smaltzman.
ISAIAH LEVY . I am manager to my father, Michael Levy, jeweller, of 4 and 6, Cripplegate Street—when I got to the premises on the morning of December 17th I found the lock would not work; it had been forced—I missed a quantity of goods, which I valued at £400—these two boxes (Produced) are our property; there was jewellery in them.
Cross-examined by Hoffstreter. I heard Smaltzman speak English at the station, but I do not remember what he said.
NATHAN ABRAMOWICH . I am a general dealer, of 35, Lucas Street, E.—I have known Hoffstreter about 10 weeks—he came to me between 3 and 4 on December 15th—he said he expected a job line from abroad, and asked if I was open to buy it—I said, "Yes; where can I see it?"—he said he had not got it, but he would bring it to me next morning—he knocked at my door next morning, and said he had got the goods downstairs—I said, "Very well, bring them up," and he brought them up in two leather bags, one box, and another parcel—he opened them, and I looked at them, and said I would not buy them, as it was too much of a variety—they were the goods produced and identified by Mr. Levy and his son at the Police-court—he said that he could not take them away then; would I let them be there?—I said that I did not mind, but that I was going to Gravesend, and he could not take them away later in the day; so he left them till Monday.
Cross-examined by Hoffstreter. I bought some purses from you about 13 or 14 days previous to this—we got acquainted at a restaurant at 133, Kenneth Street—there was not a man named Benjamin there; there was no mediator between us—I gave the purses I bought from you to the police—they asked me if I knew a man named Hoffstreter—I said, "No," because I knew you as Morris—you did not give me a card of yours as a dentist—I knew you as an importer of job lines—I did not carry any of the goods up my stairs—I saw a barrow outside—I was in
bed when the goods came—I live in the third-floor front room—I dressed myself and opened the door.
Re-examined. I have only had one transaction with Hoffstreter—I did not know whose property the purses were.
JOHN GILL (Detective Sergeant, H). On December 21st, at 4 a.m., I went, with other officers, to 86, Newark Street, Stepney, where the prisoners live—I went into the front room, ground floor, and saw the prisoners in separate beds—I told them we were police-officers, and had reason to believe that there was stolen property there, and I was going to search the place—Hoffstreter said, "We have no stolen property here"—Smaltzman said, "That is right, and you get out of this"—he spoke in English—we searched the place, and under Hoffstreter's bed I found two brown bags, both containing a large quantity of jewellery, which Mr. Levy has identified—under Smaltzman's bed the other officer, Rutter, found a Gladstone bag and a box, which contained plated goods—he said, "They are all my goods under there; you leave them alone"—I told them they would be charged with stealing the property from some person unknown—they were taken to Arbour Square Station, and subsequently to Moor Lane, where Hoffstreter said, "I bought the goods in Berlin a fortnight ago"—they were detained, and subsequently charged, when Hoffstreter said, "I gave £12 for the goods two days ago"—Smaltzman speaks very good English.
Cross-examined by Hoffstreter. I searched your place also on November 22nd, as I knew you had been convicted previously—I saw a quantity of combs and nail-brushes lying about the room; I satisfied myself in a measure—I did not say you must not ask our names—I did not beg your pardons—I did not see anybody search you—no money was taken from you—I searched you in the ordinary way—you did not give me a list of the goods found at your house—we did not stop on the way to the station and ask for drink—I had these three letters from you. (The first was dated December 26th, 1899, asking that Detective Gill might be sent to him at once, as he had an important statement to make, and to send him his American citizenship papers, with his letters from his employer. The next was dated December 29th, asking if there was anything more Detective Gill wished to know with regard to his statements, and for his private papers to be sent to him, and to compel, if necessary, Morris Swartz and Annie Cuttler to appear as witnesses. The third asked Detective Gill to find Mr. Nathan, of whom he said he bought the goods; and a fourth letter, dated January 6th, 1900, asked Gill to let him have all his private papers, and to find the cabman who brought the goods to the station.) The cabman is here—the only watch which was found was a silver one, which Smaltzman has got.
Cross-examined by MR. BURNIE. I do not think the bedroom door was locked—when we went one of the other officers got in from the rear—I do not remember seeing a Jewish prayer-book under Smaltzman's bed.
Re-examined. Hoffstreter made a statement at the Guildhall—he said that he bought the goods from Mr. Nathan for £12, and was going to give him £5 more.
got in through the back, and let the inspector in—I looked under Smaltzman's bed, and found this box and this bag—I said, "Whose is this?"—Smaltzman said, "It is mine; they are my goods under there, and you leave them alone"—on the way to the station he said, "You was trying to be clever; where will you take us?"—I told him to Arbour Square station.
Cross-examined by MR. BURNIE. I did not see a prayer-book or scarf under the bed, but they might have been there—I found some trousers and coats hanging on the wall, and I think there was a lady's hat there—I was in plain clothes; there was one constable in uniform, but he was in the passage.
Re-examined. The black bag was under Smaltzman's bed.
HENRY DESSENT (409H). I went with Gill and Rutter to this house on December 21st—I found some ladies' clothing there—I said, "Who do these things belong to?"—Smaltzman said, "They belong to the landlady"—he pulled this bag out—I took it away from him and opened it—it contained some tea trays and things—I said, "Whose are these?"—he said, "That is my business; you leave my things alone."
Cross-examined by MR. BURNIE. He spoke in broken English—I did not see a Jewish prayer-book or a scarf there.
THOMAS CLARKE (466H). I waited in the passage on this night—I helped to take out the parcels, and went with the prisoners to the station—after we had gone a few yards Smaltzman said, "I will take the box"—I allowed him to take it—as we were passing through Clarke Street he said to Rutter, "You are very clever," or words to that effect.
Cross-examined by Hoffstreter. I did not see anything that went on inside the room.
Hoffstreter, in his defence on oath said, that he bought the goods from Nathan Abramowich for £17, but had only paid £12, and did not know they were stolen. Smaltzman, on oath, said that he only lived in the same room as Hoffstreter; that he had not known him before that; that when he spoke to the policemen he thought they were touching his own clothes, and that he had no idea that there was any stolen property in the room.
Evidence for Smaltzman.
MARK WERNTROBE . I am a shoemaker, of 72, King Street—I have known Smaltzman about four months—he has worked for me regularly—I employ about 50 hands—he works from 8 to 8—I spoke to him in Yiddish—I have always found him honest and hardworking.
Cross-examined. I would swear that he does not understand English—I have spoken to him in English, and he does not understand.
SMALTZMAN.— NOT GUILTY .
Evidence for Hoffstreter.
JAMES LAWSON . I am the cabman who took five men to the station some time ago from Newark Street—we did not stop on the way from Arbour Square Station to Moor Lane Station. HOFFSTRETER.— GUILTY of receiving .—He then Pleaded Guilty to a conviction of felony on June 7th, 1899.— Three and a-Half Years' Penal Servitude.
NEW COURT.—Friday, January 19th, 1900.
Before Mr. Recorder.
MR. ORMSBY Prosecuted.
JAMES COLLINS (430Y). On January 8th, about 11.15 p.m., I was in Holloway Road in plain clothes, and followed the two prisoners—after 10 minutes they came out of a doorway and stood at the corner of Seven Sisters Road, and went down a mews—after about 10 minutes they came out and walked to Finsbury Park Station—I followed them along Parkhill Road—a policeman on the beat came along, and they went into a doorway—I stood on the other side of the road, and met them trying to impede the officer—I was just going to arrest Turner as Taylor doubled back, and ran down Sands Road, and was stopped by a policeofficer and taken to the station—I got assistance there—it was then 3 a.m.—I saw Turner at the station with seven other men, and picked him out, and charged him with being concerned, with the other man, in having housebreaking implements in his possession—he said, "That is all right"—nothing was said about his not having been out of the house till 7 o'clock—I had a fair opportunity of observing Turner for an hour and a half, and am quite certain he is the man.
Cross-examined by Turner. I took you out of bed and said, "That is the man"—I did not arrest another man at the same time—I took another man to the station with you, but he was not arrested—he came out of the public-house with you, and was evidently a friend of yours—your landlord did not say that you had been out from 7 o'clock—I arrested you about 12.40.
Cross-examined by Taylor. I saw you come out of the public-house—you went into Campbell Road—I described you as being taller than the other man, and you had a white muffler round your neck—your description was taken down in writing after you were charged, but I gave a verbal description of you before you were arrested, which was not taken down.
JOHN NEWBY (164Y). I was on duty in uniform in Seven Sisters Road on January 8th about 11.45—I saw the two prisoners, both of whom I knew personally, on the north side—about 12.30 I saw Wallace, and had a conversation with him, and at a quarter to 1 I saw Taylor running, followed by Willis, and within 15 yards of Campbell Road—he turned and made a blow at Wallace, who picked up this jemmy and handed it me—it is a housebreaking instrument—I am sure Taylor dropped it—he turned again and went up Campbell Road, and Wallace followed him, but was stopped by Taylor—I saw Turner at the station—I have known him three years; he is the man.
Cross-examined by Taylor. I do not know where you have been living for three years, but I have seen you about.
Cross-examined by Turner. I saw you come out of Campbell Road and cross the road—I did not see you again until a quarter to 1, five yards from Campbell Road, and I threw my truncheon at you.
WILLIAM COVENEY (Police-Sergeant, 47 Y). I was on duty in Andover Street in uniform on December 9th, and saw Taylor running—I stopped him—he said, "It is not me; they have got him"—he afterwards said, "I threw it away and struck him; I was going to hit him a second time, and it flew out of my hand."
Cross-examined by Turner. You did not attempt to struggle—I did not hear you say, "I am sorry for it, but he deserved it."
WILLIAM WALLACE (512Y). On the night of December 8th I was in Holloway Road in plain clothes, and saw the two prisoners standing in the doorway of Jones's, a jeweller, at 11.20—I kept them under observation an hour and a half—they went to the back of the mews, and then into the Clarence public-house—I went in; I had a good look at them—I stood by the side of them—they came out, and went to Fonthill Road, and stood in a doorway—a policeman came up and said to Turner, "What are you doing?"—he said, "I am going to have a cup of coffee"—I said, "So am I"—he said, "Why don't you go home?"—I said, "I am a police-constable, and am going to take you in custody"—I caught hold of Taylor's arm, and he threw me down, and hit me on the side of my head with this jemmy, and then struck at me again and threw it down in the road—I blew my whistle and followed him into Fonthill Road; he ran into Andover Road, and was stopped by a sergeant—about two hours afterwards Turner was brought into the station—I was very ill, and lying down—Turner was put with six or seven others, and I identified him—I know him well, and know his face, as I had been talking to him.
Cross-examined by Turner. I put down your description at the station in my pocket-book, and gave it to the inspector—I was not asked to tell that at the Police-court.
Cross-examined by Taylor. I saw you in the public-house—there were two more with you—they asked you to have another drink, and you refused—you evidently went in to see them—one had a coat on, and one had not—I said that one had a double breasted coat and a white muffler—that was Turner.
Turner, in his defence on oath, said that on December 8th he was at home in his lodgings about 7.30, and stopped there till 12.15 with the landlord, George Wynn, and his son George; that they all three went to bed about 12 30; that the police came about 3 o'clock, and he told them that he had not been out since 7.30, but that neither the landlord nor his son were present to prove it.
Taylor, in his defence on oath, said that the officer interfered with him, and he told him to mind his own business, and went up the road, and the officer came behind him and said, "Now, I will show you about minding my own business" and that he replied, "I will show you what the Boers do, only they have not got a bit of steel," and he was then taken to the station.
Evidence for Turner.
Cross-examined. No. 218, Holloway Road is quite a respectable house—no thieves go there—I have a son named George—he has never been
convicted—he was not convicted of stealing a pair of trousers, though he was tried for it—I have a son-in-law living there—I do not know a man named Bennett, who is doing three months' hard labour, or Mr. Wells, whom they call Took—he was not a frequent visitor at the house—I do not know a frequent visitor at the house who is now doing 12 months, nor have I heard my husband mention him—neither of the prisoners has ever lived in the house.
MRS. BIGWELL. My husband is a horse-keeper—we lived at 38, Hornsey Road, but have left now—I was staying at Holloway Road on this date—Turner came in at 7.30, and I was there till 12.30—he was then going to bed.
Cross-examined. I did not see them go out and fetch any drink in; I was not in that room—I never saw Taylor there, or Bennett; I am not always there—I know George, the son—I know nothing of a difficulty about some trousers—I know nothing against the son-in-law, Smith.
MRS. REED. I live at 218, Holloway Road—on the night Turner was arrested I went there at a quarter to 8, and at 9 o'clock we went into the front room and sat down talking, and about 9.15 Albert Painter came in and sat there till 12.30, talking and reading—Turner did not go out at all—he went to bed at 12.30, and I left the room—a soldier friend of his was there, but he went away to the war about a week afterwards.
Cross-examined. I do not know a man named Bennett who came to the house, and who is doing three months' hard labour; or Wells—I am quite sure they never came to the house—I was sitting in that front room from when we had tea till 12.30—no refreshment was sent out for—they may have had a little beer, but I do not think so—I do not know Wells or Taylor—Mrs. Hicks asked mother whether she might come there—Taylor has never lived there—I work at a confectioner's.
GUILTY (See next case).
WILLIAM WALLACE (512Y). I was following Taylor, and when I got to a dark place he turned round and struck me on my head, and I fell, and while I was on my knees he struck at me again—I was off duty 28 days, and am only doing light duty now in plain clothes.
Cross-examined by the Prisoner. This was in Campbell Road—you ran into the Seven Sisters Road—I blew my whistle, and a policeman tried to stop you—you met me again and assaulted me again just before you dropped the jemmy—that was the third attempt.
MICHAEL JOSEPH BOUCHER . I am surgeon to the Y Division—on December 9th, about 1 a.m., I was called and found Wallace suffering from an incised wound on the side of his head about two in. long, penetrating to the bone—he had lost a quantity of blood, and was in a collapsed condition—he also vomited, which indicates compression on the brain—it must have been a heavy blow—there was considerable danger at first; I could not tell whether there was fracture of the skull.
Prisoner's Defence: He came up to me and said, "What are you doing here?"—I said, "I am going to have a cup of coffee; he said, "So am I." I crossed the road, and a constable came across the road and said,
"Now I will show you what the Boers do; I know the Boers are frightened a bit, and now I will frighten you"—he struck me, and I fell down, and I hit him across the head—I went up the road, and he came and took me to the station, and said, "If you had not done it to me I should have done it to you."
GUILTY . He then pleaded guilty to a conviction at Newington on September 6th, 1898, and four other convictions were proved against him.— Three Years' Penal Servitude on the first indictment, and Seven Years' on the second, to run concurrently. Sentence on TURNER— Three Years' Penal Servitude.
Before Mr Recorder.
123. EDWIN COOK (25) and ALEXANDER ANDREWS (21) PLEADED GUILTY to maliciously wounding William Halls .—Nine previous convictions were proved against Andrews, and sight against Cook.—COOK— Three Years' Penal Servitude. ANDREWS— Four Years' Penal Servitude.
MR. STEWART Prosecuted.
MARY ANN JAMES . I live at 12, Downshall Road, Stratford New Town—I went through the form of marriage with the prisoner on March 10th, 1889, at St. James the Great, Bethnal Green—this is a copy of the certificate—he told me he was single, and I believed him—in 1893 he and I went to Colchester, where I saw a man named Thomas Hunt—the prisoner said that Hunt was his step-brother—Hunt told me that the prisoner's name was Hunt, not Hammond, and that he was his own brother, and that the prisoner had a wife living—he said that in the prisoner's presence, and he did not deny it—the brother asked whether I could alter my marriage lines, because he thought his brother's first wife was married again, and that they would both be brought up for bigamy—I lived with the prisoner 12 months before I married him—my child was not born till October 10th—we all thought I ought to marry him—he has treated me very kindly—he started the prosecution himself—the woman he was cohabiting with after he married me took the prosecution up.
Cross-examined by the Prisoner. I had a child by another man before I married you—the boy was four years old when I married you—you did not tell me you had not seen your wife for 20 years.
By the COURT. I have got three children by the prisoner; one was
born on March 10th, 1889, one on May 6th, 1893, and the other is 3 1/2 years old now.
THOMAS HUNT . I live at 30, Kendle Road, Colchester—the prisoner is my brother—his proper name is Frederick Hunt—he lived with me in 1885—I knew his wife well—he had been away for five years and three months, before he came to live with me—I was not present at his first marriage—when he came to me in 1885 I told him to go and see his wife, who was living three or four doors from me with another man—he used to go occasionally—he never said what his relationship with his wife was—he lived with me for about two years—during the whole of that time his wife was living in the same street—the prisoner left in 1887 or 1888—about 1893 the prisoner and Mary Ann James called to see me when I was living at 102, New Park Street, Colchester—I told her that he was a married man, and had a wife living in Colchester.
Cross-examined. You went to see your wife, but she declined to see you.
JOHN LEVITT . I live at 39, Artillery Street, Colchester, and am a candle maker—I know the prisoner—his name is Frederick Hunt—he is my brother-in-law—I was present when he married Eliza Vince at Colchester in 1874—I signed the register—the prisoner was married under the name of Frederick Hunt—I last saw his wife on January 10th.
WILLIAM EUSTACE (Detective-Sergeant). On December 22nd I arrested the prisoner—I said, "I am going to take you into custody for committing bigamy; that is, you married Mary Ann James at the Red Church, Bethnal Green, your wife being alive at Colchester"—he said, "I have not had anything to do with her for 20 years; I thought she was dead"—at the station he said, "I did not know she was alive; I have been away from her since 1879; my brother told me she was dead; I do not know where she has been"—I produce these two marriage certificates, one dated March 10th, 1889, and one August 24th, 1874—the prisoner is the man referred to in them.
Prisoner's Defence: "I have not seen my wife for 20 years; she has lived with another man and got children by him; that is all I know."
GUILTY .—Recommended to mercy by the JURY. Four other convictions were proved against him, and it was stated that he got hold of servants and obtained their savings, and that he was the father of four children by them, (See next case.)
125. FREDERICK HAMMOND was again indicted for wilfully making a false statement, for the purpose of the same being inserted in a register of marriages, to which he PLEADED GUILTY .— Four Years' Penal Servitude.
MR. STEWART Prosecuted.
saw Bush there—I had had a little to drink, but I was not well; I had been laid up, and could not walk very well—I called for a glass of whisky, and went to sit down for a few minutes, when Hart came and asked me the time—I took my watch out, and he snatched it out of my hand—I valued it at £2—Hart handed it to Bush, who went out of the door—Hart said, "You can have me searched"—I was afterwards fetched to the station, where I picked out the two prisoners from six other men.
By the COURT. I know a man named Shay—I cannot say if he was there on that night—he did not get hold of my watch while I was there—I am sure Bush had it.
EDWARD SHAY . I was in the Lord Gough on December 18th—I saw Gray there, and Hart and Bush—I saw Hart go up to the prosecutor and ask him to look at the time—Gray did so, and Hart took the watch from him and handed it, as it appeard to me, to Bush—I was standing with my back to the fire, Bush was in front of me, and Hart was in between us—I did not see Bush receive the watch, but I saw Hart make a movement towards him.
Cross-examined by the Prisoner. I did not have the watch—I did not go out of the house.
By the COURT. I am a plumber—I was not in employment at that time.
WILLIAM EUSTACE (Detective-Sergeant). On December 18th Gray made a communication to me—I went to the Lord Gough and saw Bush with Hart—I said to Bush, "I am going to take you into custody for being concerned with a man named Hart in stealing a watch inside a public-house this afternoon"—he said, "I did not intend to fall for this"—I took him to the station, where he said, "I deny the charge"—I have not found the watch—I was present when Gray identified the prisoner.
Bush's statement before the Magistrate: "I wish also to call Barker; I will call him at the trial. I do not see why I should stop here at all. Here is the man who stole the watch," pointing to Hart, "he took it and gave it to a man named Shay. I wish to turn Queen's evidence."
Bush, in his defence on oath, said that he heard the prosecutor ask Hart for his watch back; then he asked Bush, who said that he had not got it, but he said to Hart, "Why don't you give him the watch, if you have got it?" and that Hart said, "I have not got it, I have given it to Shay"; that he saw Shay with it, who said they might as well give it back to the prosecutor if they saw him.
BUSH— NOT GUILTY . HART then Pleaded Guilty to a conviction at this Court on September 9th, 1896.— Six Months' Hard Labour.
Before Mr. Common Serjeant.
Before Mr. Common Serjeant.
Before Mr. Recorder.
MESSRS. HOLLOWAY and RODERICK Prosecuted, and MR. CLARKE HALL
NOT GUILTY .
MR. WILSON Prosecuted, and MR. ROUTH Defended.
The JURY stopped the case, and returned a verdict of NOT GUILTY .
Before Mr. Justice Phillimore.
MR. JENKINS Prosecuted.
HENRY FITZGERALD (Detective, M). About 1.30 p.m. on December 19th Detective Mooney and I went to Cavendish's lodging-house at 212, High Street, Borough, where I saw Lane and Wood and another man—I called Lane and Wood outside, and said, "I am going to arrest you both for breaking into a warehouse in Weaver's Place, and setting fire to it, last Sunday evening"—Lane said, "How is it that you pick upon me every time I do anything, Mr. Fitzgerald? I was not the one who set fire to the place, so I am not going to say anything about that"—they were taken to the Police-station, where they were placed among some other lads, and Chessell, the little boy, picked out Lane, Wood, and and another man—Lane had some keys, and said, "I found them some time ago"—Wood, after being charged, said, "I want to speak the truth; you have got an innocent man here" (that was referring to the other man); "I shall make a confession altogether to-morrow before the Magistrate"—I was called into the waiting-room by the prisoners; they all said, "Alexander," the fourth man who was arrested, "is innocent; he was not there; he had nothing at all to do with it; we were the only ones there."
Bermondsey—on Sunday, December 17th, about 4.15 p.m., I went for a walk with Lane, Wood, and Mahoney—Lane said to Mahoney, "Let us stick a bust on Spooner's"; that means a burglary; "I used to work there"—Wood could hear what he said—I said, "Well, if there is anything of that I am going home"—I left them—they said, "Are you coming?"—I said, "No"—they said, "We are going to do it"—I went down to Bermondsey—they all went off together—on Monday night I was with the three prisoners again—I paid Lane's and Mahoney's lodging in the lodging-house at Kemp Street—on Tuesday morning I met them in the kitchen—I gave a man a penny for lending me his boot brushes—while I was cleaning my boots Mahoney whispered to Lane—I said, "What are you whispering about?"—Mahoney turned round and said, "I don't want to tell you; we do not want to get you into trouble; we are going over the water, out of the way"—I said, "I think you had better tell me; I will find out some day"—Mahoney said, "Shall I tell him?" and Lane said, "If you like;" so Mahoney said that they had broken into Spooner's, and broke the safe open with a chopper and a crowbar, and because they could not get anything Lane said him and Mahoney set the place on fire—we then left the lodging-house, and went to Cavendish's lodging-house in the Borough, and saw Wood—I asked him whether he had had his lodging—he said, yes, he had stopped there that night, and had sold his jersey—then Wood and Lane said they were going over the water, out of the way, over London Bridge—Sergeant Fitzgerald came in with another detective and claimed Mahoney, Lane, and Wood—I followed them about 10 minutes after to Bermondsey Police-station—I was not taken then—I stood outside the station—Wood knew all about the fire—he did not deny that the others had done it.
GEORGE CHESSEL . I am 12 years old, and live at 13, B Block, Vine Street Buildings—about 1.30 p.m. on December 17th I saw the three prisoners in Weaver's Lane, Vine Street Gates—Wood was kicking an old soldier's helmet about—about 4.30 I was going home, when I saw a flash of light in Mr. Fells' premises—later on I was out again, and I noticed that Spooner's gate was locked, and afterwards I saw the gate being forced from the inside by Mahoney and Lane—Wood was outside, about three yards off, apparently watching—I saw the other two men coming out at the gate—I went and informed the police, and when I got back I found Spooner's was on fire, and the lads had gone—I did not see them run off—I afterwards picked them out.
ARTHUR JOHN FELLS . I am a bottle merchant, and proprietor of Deacon and Spooner's businesses at 2, Vine Street, and 1, Weaver's Lane, Tooley Street—about 10.40 on December 17th I was sent for, and on arriving at the place I saw fire on the premises, and the safe broken open—it was a serious fire; the whole building was burning—the premises communicate with each other.
JOHN HAMLIN (Inspector, M). About 6.45 on December 17th I found these premises on fire, and after the fire had been extinguished I examined them, and found the door in Weaver's Lane had been forced open, and also the door to the engine-room, as well as the iron safe, and it had marks on it which corresponded with marks on this chopper(Produced)
—a hospital collecting-box had been forced open, and a desk—it was a serious fire; seven or eight fire-engines were there—a fireman was seriously injured, and is in the hospital at the present time.
THOMAS MONACHAN (Detective). At 1.30 on December 19th I went with Fitzgerald to Cavendish's lodging-house—I saw Wood and Lane with Alexander, and also Mahoney—at the station, when Wood was charged, he said, "I want to speak the truth; you have got an innocent man here. I shall make a confession before the Magistrate."
MR. JUSTICE PHILLIMORE considered that there was no evidence against WOOD, and the JURY therefore returned a verdict of NOT GUILTY .
Lane's Defence: I am guilty of breaking into the place, but not guilty of setting fire to it.
LANE— GUILTY . He then Pleaded Guilty to a conviction at Southwark Police-court on June 22nd, 1899, and two other convictions were proved against him. Mahoney Pleaded Guilty to a conviction at Newington Sessions on December 14th, 1898, and three other convictions were proved against him. (See next case.)
MR. JENKINS Prosecuted.
No evidence was offered against WOOD.
NOT GUILTY .
LANE— Four Years' Penal Servitude. MAHONEY— Three Years' Penal Servitude.
ADJOURNED TO MONDAY, FEBRUARY 12TH, 1900.