CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD MARCH 12TH, 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
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OYER AND TERMINER AND GAOL DELIVERY
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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, March 12th, 1900, and following days,
Before the Right Hon. Sir ALFRED JAMES NEWTON, Bart., LORD MAYOR of the City of London; the Hon. Sir Edward RIDLEY, one of the Justices of Her Majesty's High Court; Sir REGINALD HANSON, Bart., M.P., LL.D., F.S.A.; Sir JOSEPH SAVORY, Bart., M.P.; Sir GEORGE FAUDEL-PHILLIPS, Bart., G.C.I.E.; Sir JOSEPH COCKFIELD DIMSDALE, Knt.; Sir MARCUS SAMUEL, Knt; Sir JAMES THOMPSON RITCHIE, Knt.; JOHN POUND, Esq., and WALTER VAUGHAN MORGAN, Esq., 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.
SIR WILLIAM PURDIE TRELOAR, Knt.
SIR ALFRED HENRY BEVAN, Knt
W. H. C.MAHON, Esq.
J. D.LANGTON, Esq.
CENTRAL CRIMINAL COURT.
NEWTON, MAYOR. FIFTH 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, March 12th, 1900.
Before Mr. Common Serjeant.
187. LEWIS DUNSDALE (63) PLEADED GUILTY to forging and uttering an order for the payment of 35s.; also an order for the payment of £35; also to obtaining £2 from Caroline Hollis by false pretences, having been convicted of obtaining money by false pretences on October 18th, 1898.— Eight Months' Hard Labour.
188. JAMES BENNETT (22) , to stealing a pair of boots and the sum of 10s. 9d., the money of Mary Gibbons; also to stealing 8s. 9d., the money of Leonard Biley, having been convicted at Guildhall on September 15th, 1898. [Pleaded Guilty: See original trial image] Two other convictions were proved against him.— Twelve Months' Hard Labour. Detective Brown was commended by the LORD MAYOR and by the GRAND JURY for the zeal and ability which he had displayed in the case, and the COMMON SERJEANT presented him with a certificate.
189. JAMES GURNEY (29) , to stealing, whilst employed by the Post Office, two banker's cheques for £1 1s. each, the property of the Postmaster General; also to stealing a letter and a cheque for £2 6s. 6d. the property of Henry Calvert Scales; also another letter and a cheque for 18s. 2d., the property of Beedoe Edmett.— [Pleaded Guilty: See original trial image] Eighteen Months' Hard Labour.
190. ARTHUR JOHN PALLETT (27) , to stealing a post letter and postal order for 20s., and a post letter and two postal orders for 2s. and 7s. 6d. respectively, the property of Her Majesty's Postmaster General, he being employed under the Post Office.— [Pleaded Guilty: See original trial image] Eighteen Months' Hard Labour.
191. ALBERT TUNBRIDGE (30) , to stealing a post letter, the property of Her Majesty's Postmaster General, he being employed by the Post Office.— [Pleaded Guilty: See original trial image] Eighteen Months' Hard Labour. And
(192) JAMES WHITTINGHAM (20) , to stealing a post letter and two postal orders for 10s., and 5s., and nine penny stamps, the property of Her Majesty's Postmaster General, he being employed under the Post Office.— [Pleaded Guilty: See original trial image] Eight Months' Hard Labour.
MR. WILKINSON Prosecuted, and MR. STEVEN Defended.
I was in the Princess of Wales public-house, Villiers Street, Strand, where I saw the prisoner with two others sitting in conversation—one of the men is named Wilson, the other is not in custody—the prisoner was the middle man of the three—I heard the man not in custody say to Record, "How about the things?"—Record, after speaking to the man on his right, replied, "We will bring them tomorrow night; they ain't finished"—the man not in custody said, "In here, then, at 7.30"—Record replied, "All right, we will be here sharp with them and wait an hour"—I then left the house; the three men were still sitting in the bar—on the next evening I went again to the Princess of Wales at 7 p.m., disguised as a rough seafaring man—at 7.30 Record looked in and went out again—at 7.40 he returned with the man not in custody, and they sat down next to me—the other man said, "Is he coming here to-night?"—Record replied, "He will bring the brief at 8 o'clock to a house up the road"—they left the bar at 7.50, and I, with other officers, followed them to the Northumberland Arms, in Northumberland Avenue—they entered the bar and came out with Wilson—when Record came out I followed him, with other officers, up to Holborn—I was present when he was stopped by Sergeant Cox—Sergeant Lawrence stopped Wilson—the third man got away—after they were stopped I saw a paper on the pavement, which I picked up and gave to Sergeant Cox—it contained five counterfeit 5s. pieces.
Cross-examined. When I entered the public-house I should imagine the prisoner could see me—I was about a yard from him—I made a note of the conversation on the first occasion at Charing Cross Railway Station, and on the second occasion at the Police-station—Record took the packet from his right-hand coat pocket.
DAVID COX (Police Sergeant). On the evening of February 28th I went to the Princess of Wales public-house, Villiers Street, Strand, with Sergeant Williamson—I saw the prisoner there—I first saw him that night at 7.30, when I was keeping observation from the railway station, looking down at the public-house—he came down and looked into the public-house and then left, and went towards the Strand—shortly afterwards he returned with another man—they both entered the Princess of Wales, where they remained for some little time—soon after the prisoner and another man left and went to the Northumberland Arms, Northumberland Avenue, followed by Sergeants Lawrence, Perkiss, and myself—after remaining there a short time I saw them leave—the third man is an old man whom I know of—we followed them to Holborn, when I and Williamson took hold of the prisoner, and in doing so I heard something fall on the ground on the opposite side to where I was—I called Perkiss' attention to it, and he picked up this paper with these coins in it (Produced)—they were rolled separately, with a piece of paper between them—I told Record I should arrest him for uttering counterfeit coin in various parts of London—he said, "It is too bad, Cox; why don't you take the other man?"—I said, "You need not trouble about him; he will be arrested"—I took him to the station; the other man was brought in, and they were charged with having five counterfeit five-shilling pieces in their possession—neither of them made any reply—the prisoner refused to give his address; he said, "No fixed abode."
Cross-examined. I did not actually see the coins till they were in Perkiss' hand—I was close to him—the coins were close to the prisoner's feet—I did not see him throw them down.
WILLIAM WILLIAMSON (Detective Sergeant). I accompanied Sergeant Cox on the night of February 28th to the Princess of Wales public-house, and I followed the prisoner to the Northumberland Arms—when Cox stopped Record in Holborn I saw him take his hand out of his pocket and drop something—I seized him on one side and Cox on the other after Perkiss had picked up the coins, when I sent him to assist Lawrence with the other man.
The Prisoner, in his defence on oath, said that he met the man not in custody in the Strand, who asked him to buy some rings, and said he would bring him two the next night at 9 o'clock; that they met the next night and went into a public-house in Fetter Lane, when the detectives came in and arrested him, and the other man was allowed to walk out of the house, and put the things down in a corner of the public-house.
Cross-examined. I found 4s. 2d. in good money on the prisoner—that was after the packet was handed to me.
GUILTY . He then PLEADED GUILTY to a conviction of possessing counterfeit coin at this Court on October 20th, 1890.— Three Years' Penal Servitude.
MR. WILKINSON Prosecuted.
ROBERT CONWAY . I keep the Roebuck public-house, Holborn—I was in the bar on the night of January 27th—the prisoner came in alone about 7 o'clock—my barman, Thomas Conway, was serving there—the prisoner asked for twopennyworth of whisky, which was served him—the barman brought me a coin—he is my brother—I looked at it and said I thought it was all right—my brother then gave the prisoner the change—whilst my brother and I were looking at the coin the prisoner said, "What, isn't it a good one?"—I did not speak to the prisoner, but I told my brother to give him the change—I then looked at the coin again, and came to the conclusion that it was not good—the prison r was still in the bar, and I went up to him and told him it was not a good one—he said, "Oh, I know where I got it from; I can take it back," and he bounced a half-sovereign on the counter, and then picked it up immediately, and told me I could take it out of that, but he did not give me an opportunity of doing so, as he placed it in his pocket—I said I did not like the look of the coin, and I should like to have another—he drank up his whisky—I told my barman to go to the door—the prisoner said, "You won't have another," and ran out at the
door—he had had the whisky and the 4s. 10d. change—this is the coin (Produced).
Cross-examined by the Prisoner. I swear you are the man—I was standing three or four yards from you—nobody else was in the bar where I was—you had plenty of time to go out, but you did not attempt to do so—I did not send for a policeman because I thought you were a genuine fellow, and would give me another coin.
THOMAS CONWAY . I am a barman at the Old Roebuck public-house—on January 27th a coin was passed to me, and I gave it to my brother—I cannot swear that the prisoner is the man who passed the coin—this is it.
HENRY PERKISS (Detective). On February 27th I was in the Princess of Wales public-house, Villiers Street—I saw the prisoner there at 8 o'clock, sitting with Record and another man—the man not in custody said, "What about the things?"—Record, after speaking to the prisoner, said, "We will bring them tomorrow night; they ain't finished"—the other man said, "In here, then, at 7.30"—Record said, "All right then; we will be in here at 7.30, and wait an hour—I was there the next night, keeping observation, from instructions—Record, the prisoner, and the other man came in, and left the bar again at 7.50—I followed them, with other officers, to the Northumberland Arms—after a few minutes Record and the prisoner came out, and went away together—the other man did not come out—I followed Record and the prisoner, with other officers, up to Holborn, where Record was stopped, the prisoner being with him—Record dropped something which I picked up, and which turned out to be five counterfeit 5s. pieces—the prisoner went away—Sergeant Lawrence followed him—he was about 10 yards off—they had been in each other's company about two hours—I handed the packet to Sergeant Cox.
Cross-examined. I saw you go into the public-house in Fetter Lane—I did not speak to you.
DAVID COX (Detective Sergeant). On February 28th I was with Williamson and Perkiss in Villiers Street, Strand—I saw the prisoner with Record, and followed them, with the other officers, to Holborn—I stopped Record, who dropped something which Perkiss picked up and handed to me—the prisoner walked on hurriedly—I arrested him; he was taken to the station—I told him the charge; he made no reply—he was asked his address, and said, "No fixed abode"—at the station I examined the packet which Perkiss handed me—it contained five counterfeit 5s. pieces wrapped up in paper separately—I showed them to the two prisoners at the station, and said they would be charged with having them in their possession—they made no reply, and afterwards I told the prisoner he would be charged with uttering counterfeit coin, to which he made no reply—on March 1st Mr. Con way came down to the station and picked out the prisoner from amongst 10 others—I had had the prisoner under observation for eight or nine days before he was arrested.
Cross-examined. I was not present on February 27th in the Princess of Wales—I saw you in the Northumberland Arms with Record and the other man, who is an ex-convict.
and the other officers on February 28th, and followed the prisoner from the Northumberland Arms to Holborn—when Record was stopped he threw something from his right-hand pocket—the prisoner walked away, and I sent Perkiss to assist Lawrence to arrest him.
Cross-examined. You and Record were charged together—I did not search you in Holborn.
JONATHAN LAWRENCE (Detective Sergeant). I was present in Holborn on February 28th, when Record was stopped—I followed the prisoner and apprehended him—I said to him, "We are police-officers; I shall arrest you for uttering counterfeit coin"—he said, "If that is all the charge is, I will go quietly; you need not hold me as if I was a desperate burglar"—he was conveyed to Gray's Inn Road Police-station, and subsequently charged with Record—I arrested him at 9.30—I should say the charge would have been taken by the inspector about 10 o'clock—I searched him in Holborn, and he was again searched at the station—I found 6d. in genuine money on him.
Cross-examined. Perkiss held you while I searched you.
Re-examined. I was at Clerkenwell Police-court on March 1st, and had charge of the prisoners in the prisoners' waiting-room—before going into court Record said, "Where did you first see us?"—I said, "In the Northumberland Arms"—he said, "You must have been soft, if you had arrested us there; you would have got something."
WILLIAM JOHN WEBSTER . I am Inspector of Coin to Her Majesty's Mint—these five crowns are all counterfeit, and from the same mould—this counterfeit crown is of a different date, and from a different mould.
The Prisoner's statement before the Magistrate: "No counterfeit coin was found on me."
The prisoner, in his defence, on oath, said that he met Record in Villiers Street; that they met a man whom he did not know, a friend of Record's, and had a drink with him; that the man wanted them to buy some rings, but he refused to have anything to do with them; that Record and the other man arranged to meet in Fetter Lane the next night; and that he (the prisoner) then left Record; that afterwards he was passing down Fetter Lane, and he looked in at the public-house where they were going to meet, but could not see them, and the detectives came up, and asked him if he expected to meet anybody, and said that they wanted him for uttering counterfeit coin.
GUILTY †— Twelve Months' Hard Labour.
OLD COURT.—Tuesday, March 13th, 1900.
Before Mr Justice Ridley.
MR. MUIR, for the Prosecution, offered no evidence.
NOT GUILTY .
(For other cases tried this day see Surrey Cases.)
NEW COURT.—Tuesday, March 13th, 1900.
Before Mr. Common Serjeant.
196. WILFRED WATERMAN(24) PLEADED GUILTY to unlawfully obtaining from George Mark Prevost five oil paintings, with intent to defraud; also to stealing a scarf pin and other goods, the property of William Marriott, having been convicted of felony at this Court in September, 1898. Seven other convictions were 'proved against him—Four Years' Penal Servitude.
197. WILLIAM BRAY (38) , to stealing 50 pieces of printed music, the property of Joseph Gordon Brydon, having been convicted of felony at Newington in February, 1890, in the name of William Brady. [Pleaded Guilty: See original trial image] Five other convictions were proved against him— Three Years' Penal Servitude.
198. FREDERICK JOSEPH POTTER (29) , to burglary in the dwelling-house of Charles James Davenport, and stealing a typewriting machine; also to forging and uttering a receipt for £2 15s. with intent to defraud— [Pleaded Guilty: See original trial image] Six Months' Imprisonment in the Second Division.
199. GEORGE FLOWERS (64), and THOMAS WALLACE (61) , to feloniously uttering counterfeit coin and to unlawfully possessing a mould and counterfeit coin. [Pleaded Guilty: See original trial image] Five other convictions were proved against FLOWERS— Seven Years' Penal Servitude, and WALLACE, against whom fourteen other convictions were proved— six years' Penal Servitude.
200. ABRAHAM MARKS (34) , to two indictments for unlawfully obtaining from Louis Citroene diamond, value £301 15s., by false pretences, with intent to defraud; also within four months of his bankruptcy obtaining from Jacob Wasserberg a quantity of 24-carat diamonds— [Pleaded Guilty: See original trial image] Judgment respited. And
(201.) JOHN WHITE (32) , to three indictments for obtaining from Edward Jones and others 1s. 8d. and other sums by false pretences; also for forging and uttering a proposal for a life insurance; also to attempting to defraud the Manchester Industrial Life Assurance Company, Limited, by a forged instrument— [Pleaded Guilty: See original trial image] Nine Months' Imprisonment in the Second Division.
202. ARTHUR CARLTON (44) , to attempting to steal a watch and chain from Phillip Henry Wisksteed. [Pleaded Guilty: See original trial image] Eight convictions were proved against him— Twelve Months' Hard Labour.
203. JAMES GREEN (23) , to stealing a purse and £13 14s. 6d., the property of William Brown Ingram, from his person, and to a conviction of felony at Clerkenwell Green in June, 1894. [Pleaded Guilty: See original trial image] Thirteen summary and other convictions were proved against him.— Twelve Months' Hard Labour.
204. FRANCIS MULLIGAN, alias JAMES HARRIS (57) , to two indictments for forging a request for the payment of money, and for attempting to obtain from Frank Bygrave £16 9s. by false pretences.— [Pleaded Guilty: See original trial image] Six Weeks' Imprisonment in the Second Division. And
MR. WILKINSON Prosecuted.
JAMES MCMILLAN . I am an assistant in the shop of Mr. Rose, a butcher, of Clare Street, Clare Market—on February 13th I served the prisoner in the afternoon with a threepenny chop—she tendered this half-crown, which I examined, and told her it was bad—she said she would take it back where she got it from, a public-house in Shaftesbury Avenue—she was a stranger—I gave it to her back.
Cross-examined by the Prisoner. You did not know the sign of the public-house.
JAMES ROSE . I am manager of a butcher's shop in Clare Street, Clare Market—the prisoner purchased a chop from me when I was in the front—I saw her pay a half-crown to McMillan—I asked her where she got it from—she said, "In a public-house in Shaftesbury Avenue"—I told her it was bad—she did not seem to care—I told her to bring no more bad money, and she went out of the shop—Mrs. Lake spoke to me from her front door as I was at mine—I followed the prisoner—she was coming out of Mrs. Smith's chandler's shop us I went in—Mrs. Smith showed me the half-crown—I examined it, and found it was bad—to the best of my belief, it is the same coin she tendered to my young man—I gave it back to Mrs. Smith—I followed the prisoner into Mrs. Martin's, a baker's shop, and told her she had passed a bad half-crown on Mrs. Smith—I sent for a policeman—I told her that she had tried to pass it on me, and that she ought to be locked up, as I had said in my shop—she was locked up.
EMILY SMITH . I keep a chandler's shop at 51, Stanhope Street, Clare Market—I have known the prisoner 18 months or two years as a customer—on February 13th I served her with Jd. worth of tea and 1/2 d. worth of milk—ahe tendered half a crown—it was bright and slippery, and sounded all right, and I gave her two shillings and fivepence change—then Mr. Rose came in and said something—I showed him the coin she gave me—it was like this one—I handed it to him—I next saw it at the Police-court—I followed Mr. Rose and the prisoner into Mrs. Martin's shop—he said it was bad—the prisoner handed me back the two shillings and fivepence I had given her
Cross-examined. You have never before tendered me a bad coin.
JOHN BRITTAIN (262E). I was called on the afternoon of February 13th into Mrs. Martin's shop in Clare Market—I saw the prisoner and Mrs. Smith—Mrs. Smith handed me this half-crown—she declined to make any charge—I subsequently made a statement to Sergeant Gurney—I pointed out the prisoner to him—I saw her at the Police-court.
HARRY GURNEY (40E). On February 13th I received a statement from Britton relating to the prisoner—she was pointed out to me outside the Hope public-house in Stanhope Street—I told her I should take her into custody for uttering a counterfeit half-crown, knowing it to be bad, to Mrs. Smith, and that anything she said could be used as evidence against her—she said, "I did not know it was bad"—I said that the butcher had told her it was bad half an hour before—she said, "You know best"—I took her to the station—she was identified from five other women—she said, "I did not know it was bad"—when she was further charged on the 14th by Mrs. Smith, she said, "Very well, we will see what the Magistrate says"—I marked the coin in the prisoner's and the constable's presence
ELIZABETH LAKE . I live at 26, Stanhope Street, Clare Market—my husband is a fishmonger—near the end of August last I served the prisoner with some fish for 3d.—she tendered a florin—it was light in my hand, and I gave it her back, and told her not to come near the shop again—I was very busy, and took the fish from her and threw it on the
stall—she said she had had it given to her by some person—I cannot remember who—I knew her again when I saw her come into the butcher's shop—I spoke to the butcher outside first—I recognised her at once.
By the JURY. I have known the prisoner as a prostitute five or six years frequenting Oxford Street and Tottenham Court Road—she went off the streets for three months about two years ago, but returned to them.
The Prisoner's Statement before the Magistrate: "I wish to say that I am an unfortunate, and a gentleman gave me half-a-crown the night before I was charged."The Prisoner, in her defence, on oath, repeated her statement before the Magistrate, and added:"I did not know it was bad; when I was told it was bad I did not believe it."
NOT GUILTY .
OLD COURT.—Wednesday, March 14th, 1900.
(For the case of Adam Greeb tried this day see Essex Cases.)
NEW COURT.—Wednesday, March 14th,1900.
Before Mr. Common Serjeant.
(208) EDWARD WEBB (41) to two indictments for stealing a walking-stick, the property of the Civil Service Supply Association. [Pleaded Guilty: See original trial image] There were six other indictments against the Prisoner.— Nine Months' Imprisonment in the Second Division.
MR. HUTTON Prosecuted.
GEORGE CRAWLEY SWINDLES . I was living at 12, Chedderton Road—I now live at Buxton—on December 13th I went to St. Pancras Railway Station, about 4.30 p.m., to catch the 5 p.m. train for Buxton—I had a leather dress suit case, containing a dress suit, pants, and other articles—I saw the case in the van of the train for Buxton I saw it labelled—I missed it at Millersdale, the station before Buxton, and where I had to change—I next saw it in February, when it was shown to me by a Midland detective—these articles produced were in the case.
GEORGE MALLERY . I am a passenger guard of the Midland Railway Company—I live at 15, Lorne Street, Liverpool I was in charge of the 5 p.m. train from St. Pancras to Manchester on December 13th—I saw the dress suit case in the van before the train started—it was labelled—I missed it when getting into the train as it was starting—I have to shut the carriage doors and do other duties.
GEORGE ROBERTS (Detective G.N.R.). On February 2nd I went to the Victoria Station of the London, Chatham and Dover Railway—I received from the cloak room a brown paper parcel—I gave it to Superintendent
Parish—I opened it—I found these pants inside, marked "G. C. S.," and these handkerchiefs and a quantity of other linen—the prisoner said at the King's Cross Police Station, "I put in the cloak room this parcel about a fortnight ago when I changed my lodgings"—he said he could account for the handkerchiefs, they were his property, and that the monograms on the handkerchiefs were those of his friends.
RICHARD PARISH (Police Superintendent G.N.R.). About 7 o'clock on February 2nd the prisoner was brought to my office on another charge—he gave me information about a brown paper parcel being deposited at the Victoria Station of the London, Chatham, and Dover Railway, in consequence of which I sent Roberts to get it—Roberts returned with it—it was opened in my presence and in the prisoner's presence—the prisoner said, "Those are my things, but they are not the ones that I expected in that parcel; there were blood-stains on them"—shortly afterwards he was handed over to the police—these things were identified by Mr. Swindles.
The prisoner, in his defence, stated that he received them from two men, and that he gave information.
GUILTY .—He then PLEADED GUILTY to a conviction of felony at Bow Street on November 12th, 1898. Two other convictions were proved against him. Thirteen other robberies were stated to have taken place from the Midland Railway of bags and other property to the value of £342, and from the Great Northern Railway to the value of £125, between June last and February,
WM. HARRISON was again indicted for stealing a bag, the property of the Great Northern Railway Company in the name of Wm. East, to which he Pleaded Guilty.
Eighteen Months' Hard Labour.
OLD COURT.—Thursday, March 15th,1900.
Before Mr. Justice Ridley.
210. WALTER THOMAS STADEN (38) PLEADED GUILTY to feloniously forging and uttering two transfers of shares for £100 each in Parr's Bank, Limited, with intent to defraud; also to forging and uttering 20 transfers of shares in Parr's Bank, Limited, with intent to defraud.— Five Years' Penal Servitude.
211. OLIVER CHARLES HORSMAN , Unlawfully obtaining £2 1s. 8d. from Alfred Pretty. Second Count, Unlawfully attempting to obtain £2 1s. 8d. from Edward James May, with intent to defraud. Third Count, Unlawfully conspiring, with James Hutchins and other persons, to defraud the London County Council.
MR. BIRON Prosecuted.
HARRY WILLIAM BUNDAY . I am an accountant in the Works Department of the London County Council—in June and July last, building operations were going on at Boundary Street, Shoreditch, where a large number of men were employed—there was a man named Frederick Bartle in charge—the men were paid on Saturday at 12 a.m. for the week's work which ended on the Friday evening—the full week's work would be £2 1s. 8d., which is 50 hours at 10d.—they would be paid the full
amount or for the time they had worked, which was recorded in a book and checked by Hutchins, the timekeeper, who would make out the wages sheet, which shows the time the men work during the week—the wages sheet would be sent to me on the Friday to be checked—the pay-clerk would go down to the works on Saturday morning to pay the men at 12 o'clock—if the men were not able to come for their money they were allowed to send a written request, containing the name of the deputy, that had to be signed by the man sending the request; the pay-clerk would refer to his sheets to see if such a man was there, and, provided it was in order, he would pay the amount—it would be signed by the person who brought the request, and countersigned by Bartle, the general foreman—I remember the circumstances under which Hutchins was convicted on September 8th, and in consequence of certain facts which came our, a complete investigation was made by myself—I found out that the man Downes was not entitled to £2 1s 8d. for the week ending July 14th, but only to 15s.—I examined the time-book and found that he had been marked "Absent," and then altered to "Nine hours."—then I saw Downes and asked him, and he told me—the wages sheet showed that £3 1s. 8d. was due to him—no sum of 15s. has been paid to him—in this request in the case of Jones (Produced), I noticed that the word "Horsman" is in the same writing as the body of the request—the wages sheet of July 29th shows that a man named F. Jones worked a full week's work, and therefore made £2 1s. 8d.—on looking at the time book, which was kept by Hutchins, I came to the conclusion that the names had been written in and the hours filled in afterwards—I noticed that Jones had not been paid, and I made inquiries as to why he had not been paid—I went to the works on August 2nd, and saw the prisoner there, and asked him if he was the man who had presented a request on the previous Monday to obtain Jones's money, and he said, "Yes"—I asked him where he got the request from—he replied, "From a boy"—I then asked him, supposing he had obtained the money, what; he proposed to do with it—he said, "What do you mean?"—I said, "I want an answer to my question"—he said, "Give it to Jones"—I said, "Where were you going to see Jones?" he said, "At Bishopsgate at 2 o'clock."—I asked him if he knew Jones, and where he lived—he said he knew him, but did not know his address—the prisoner was discharged practically at that moment—nobody has applied for the money for Jones—No F. Jones has ever worked on that work either before or since then, and this is the only week on which he is shown to have worked.
Cross-examined by the Prisoner. You were discharged on Wednesday, August 2nd.
By the COURT. I cannot explain why Mr. Bartle signed the pay sheet for F. Jones if he was not there it is very difficult for a foreman with 300 or 400 men to remember all their faces.
FREDERICK BARTLE . I was general foreman at the Works Department of the London County Council in July last—I know the prisoner as being employed as a carpenter on the job—I also knew a man named Downes who was on the job—I was at the works on July 15th, when the wages were paid, and when the requests were presented on behalf of the men who were not able to come for their money—I remember the prisoner
presenting this request (Produced)—it was countersigned by me—he signed the receipt just outside the desk—I saw him through the small hole—I saw him going to sign it, and I saw his signature on it afterwards—then he was paid the money—on the 29th I was there also, and saw the prisoner—when he presented a request, Mr. May, the pay clerk, asked me if I knew the man Jones—I replied that I did not—Hutchins was there also, and the pay clerk asked him something—I do not remember what Hutchins replied—the money was not paid, and it has never been applied for, to my knowledge—on the following Monday I asked the prisoner what he was going to do with the money if he had got it and he said he was going to take it to a place which I do not remember now—I asked him if he had seen his friend Jones—he said, "No, I did not go"—he said he got the receipt from a boy, who brought it to him about 10 o'clock on Saturday morning—the wages sheets are signed by me—I signed that receipt because, as we have a large number of men, one does not always remember them—we have the timekeepers, and we have partially to depend on them—I had every confidence in the time keeper.
Cross-examined. I think I should recognise most of the 400 men on the job if they were presented to me personally—I could recognise a man if he put his face opposite the small hole in the desk—it is like a booking-office at a railway station.
By the COURT. The order from Jones was handed back to the prisoner.
Re-examined. I knew Downes both by, sight and by name.
ALFRED PRETTY . I am a pay-clerk in the London County Council, and on July 15th I was paying wages on this job—this request was presented by the prisoner, and signed by him in my presence—I paid him £2 1s. 8d.—that was about 12.20—I had finished by 12.30.
Cross-examined. I cannot say I recognise you as the man who took the money.
Re-examined. I paid the money to the man who signed this receipt.
JOHN DOWNES . I am a carpenter, and was working for the London County Council in July last—I remember leaving the work on July 11th, because I was ill—I worked till the 11th that week—it was handy on three weeks before I was able to work again—up to the time that I fell ill 15s. was due to me—I wanted my money, and my wife arranged the matter for me, and on the following Monday she brought me an envelope with 15s. in it—I know nothing about this paper (Produced)—I never lived at this address—I knew the prisoner as a carpenter on the job.
Cross-examined. I made 18 hours that week—I left off working on the Tuesday night.
EMILY DOWNES . I am the wife of the last witness—I remember his speaking to me about getting some money—I could not write, so I went to my friend Mrs. Brown, who wrote a request out for the money in my presence—her husband took it, and on the 17th I was given an envelope with 15s. in it.
Cross-examined. I can write, but not well enough to go to the Council.
Re-examined. I never saw the prisoner till I went to Worship Street.
to get his money—my husband took the request and brought back an envelepe, which, on the Monday, was given to Mrs. Downs.
Cross-examined. The note had not got any address—it was signed "Mrs. Downes."
WILLIAM BROWN . I remember my wife writing out a note for Mrs. Downes, and on Saturday, July 15th, I gave it to Mr. Haylock, who is in the employment of the London County Council—he said somebody was to take the money, and I waited till 1 o'clock on the Saturday, but nobody gave me the money, then I went home without it—I spoke to Haylock on the Monday, and afterwards he brought me a sealed envelope, which I took back and gave to Downes.
JOHN HAYLOCK . I remember Brown bringing me a request on July 15th—I noticed there was something informal about it, and I gave it to Hutching—on the following Monday Brown spoke to me, and I went to Hutchins, who gave me a sealed envelope, which I gave to Brown—I cannot say what was in it.
EDWIN JAMES MAY . I am a pay clerk in the employment of the London County Council—I remember on July 29th a request being handed in by the prisoner at the window, where I was paying on behalf of a man named Jones—Hutchins was there, outside—Bartle was in the box with me—I showed the request to Bartle, and asked him if he knew Jones—he replied, "No," but that he knew the prisoner very well—I told the prisoner the thing was irregular, and I should refuse to pay it—he said, "Very well" or "All right," and I handed it back to him—Hutchins heard me refuse to pay, and he beckoned to the prisoner—Hutchins then said to me that Jones could not attend, as he was playing in a band at Barnet.
Cross-examined. Hutchins was outside at first, and then he came inside.
ROBERT TYSON (Detective, H). I arrested the prisoner on February 1st on a warrant, which I read to him—he said, "I do not know anything about it"—I conveyed him to the station, where he was charged—after the charge was read over to him he said, "I do not know anything about it."
Cross-examined. The warrant was for feloniously uttering a certain forged request for the payment of money, with intent to defraud.
Re-examined. The charge with respect to Jones was not included; that was a separate warrant.
The Prisoner's Statement before the Magistrate: "All I know is, I put it in as a bona fide ticket from Downes. Hutchins came to me about 12.15, and said, 'Oliver, I have got a letter here from Downes; will you take his money?' I said, 'What is up with him?' He said, 'He has been laid up; he is hard up, and wants his money.' I said, 'Where is the letter he sent?' and he showed me a letter supposed to come from Downes, and I said, 'Well, under them terms, I will take the money,' which I did, and signed for it. Hutchins said, 'Brown will be outside the gate to take that money; do you know him?' I said, 'Hardly,' but he pointed him out to me, and I recognised him as working on the other job. Hutchins
said, 'You cannot take the money till all the other men are paid,' and asked me to wait back. I did, and I took the money, and Brown was waiting outside the gate. When I received the money Brown had gone I went up the street to look for him; I could not see him. I came back I met Hutchins, and asked him what I should do with the money Hutchins said, 'Give it to me, and I will hand it over on Monday morning to Brown to give to Downes,' and I handed the money to Hutchins.
GUILTY on the Third Count.—* The Prosecutors staled that they had lost £100 in this manner, and probably more.— Two Months in the Second division.
NEW COURT.—Thursday, March 15th,1900.
Before Mr. Common Serjeant.
MR. ARTHUR GILL Prosecuted.
KATE DAVIS . I live at 54, Montpelier Road, Brighton—on January 23rd I made up this parcel of two pairs of trousers, three shirts, two pairs of socks, and two vests—I addressed it to my brother, Mr. Thomas Davis, 429, Edgware Road, London—these socks were in it—the other things, are all right—I delivered it to the officials of the Post-office in Montpelier Place between 11.30 and 12 a.m.
ROBERT BRUCE STEPHENS . I am an inspector at the Paddington Parcel Office—a parcel posted as Miss Davis has stated would arrive on the evening of the 23rd, in time for the first delivery on the 24th—Baker, who has pleaded guilty, was employed at the Paddington Parcels Office—he was on duty on the morning of the 24th—the address on the parcel would not be on his round—he would have access to the parcel.
JAMES MOXOM (Constable, G.P.O.). On January 24th I was keeping observation on the prisoner Baker under instructions—about 10.15 a.m. I saw him on his delivery in Galway Road, Western Road, Bayswater—he left his truck, carrying a bulky parcel—he had finished his delivery—he took a circuitous route—he went into a public-house—I kept him under observation three-quarters of an hour, carrying a sack without the truck, before he met Hawkes in Porchester Road—Hawkes turned and walked with him to the Stafford public-house, Harrow Road—Baker came out carrying the sack, apparently empty—a minute or two later Hawkes came out carrying this parcel—I allowed him to go about 150 yards up Harrow Road, when I stopped him—I told him I was a policeman, and asked him his name and address—he replied, "Hawkes, 10, Senior Street"—that is correct—it is close by—I said, "Where did you get the parcel from you are carrying?"—he replied, "From a friend"—I said, "What is your friend's name and address?" he replied, "I do not know"—I said, "I have reasons to believe the parcel has been stolen from the Post Office, and that you got it from a postal officer in the public-house a few minutes ago"—he said, "I did get it from a postman, he handed it to me to
take care of"—I said he would have to be detained, and went and found the postman in about five minutes—I had a conversation with him—I took him to the Police-station, and then to the Post Office, where he handed me this paper of socks—Hawkes gave me a key which I applied at 10, Senior Street—I searched and found the dress coat and waistcoat produced, with the name "G. H. Clark" on the lining of the sleeve, also a ticket for a pair of trousers pawned for 6s.
JAMES OSWALD PLANCK . I am a clerk in the General Post Office—on January 24th I saw Baker in custody—he was in uniform—I showed him this parcel—there was a conversation between us—afterwards Hawkes was brought in—I cautioned him, and read over this statement which Baker had made: "The parcel, produced, addressed to Mr. Thomas Davis, 429, Edgware Road, London, I took out of the Paddington Parcel Depot this morning amongst other parcels I had for delivery. I did not enter it on my delivery list. When I had delivered all but the parcel produced, I placed the latter in a mail bag I had with me, and I carried it towards Porchester Road, W. I there met Hawkes, and we went together into the Stafford public-house, where I handed the parcel to him. I asked him to dispose of it, and he said, 'Very well' He is a tailor by trade, and so am I, and we have worked together in the same shops. During the last two or three weeks Hawkes has pawned about two stolen parcels for me. I have paid him a shilling or so each time for his services. Other people, whose names I do not know, have also pawned the contents of stolen parcels for me. In every case these people have handed me the pawn-ticket"—he then took the pawn-tickets from his pockets—"These are some of the pawn-tickets referred to. I stole a parcel addressed 'Mr. Newport Wright, 2, Westbourne Grove Terrace,' two or three days ago. It contained a suit of clothes. This address label and piece of paper bearing the same address belonged to that parcel"—on hearing that statement Hawkes said, "I have known Baker about three months. I have heard Baker's statement read over. I admit having received about three parcels from Baker, which I have pawned by his instructions, and received a shilling or so for doing it. I did not know that the clothes which Baker handed to me had been stolen. I gave Baker the pawn-tickets. I have one at my address"—he told me he had served in the Royal Engineers as a volunteer.
ADA CLEAR . I am housemaid to Mrs. Clark, 244, Gloucester Terrace, Hyde Park—on January 9th I was living at Burminster House, Mickleham, Surrey—on that day I made up a parcel containing a dress suit—the coat and waistcoat produced belong to it—I gave it to Mrs. Clark.
SARAH CLARK . I live at 244, Gloucester Terrace, Hyde Park—on January 9th, at Mickleham, I addressed this parcel (which was made up by Ada Clear) to H. G. Clark, 244, Gloucester Terrace—he is my son—it was given to the boy Woolgar to post.
Clark's house, 244, Gloucester Terrace—I expected a parcel—it did not arrive.
ROBERT BRUCE STEPHENS (Re-examined). A parcel posted on the 9th at Reigate would arrive at the Paddington Parcel Office on the evening of the same day in time for delivery on the 10th—that is not the prisoner's round.
WALTER COE . I am assistant to Alfred James Mellish, pawnbroker, of 29, Westbourne Terrace—I produce a pair of trousers, pawned on January 10th for 6s., in the name of Brown, and the ticket and duplicate.
Hawkes, in his defence, on oath, said that he did not know what was inside the parcels, and that he did not know Baker's name or number; that he had known Baker five or six months; and that he did not dispose of anything other that by pawning. GUILTY .— Fifteen Months' Hard Labour. BAKER— Eighteen Months' Hard Labour.
MR. PARTRIDGE Prosecuted.
ALBERT HANDLEY (Detective, J). About 1 o'clock on Saturday, February 24th,the prisoner, whom I had seen before, passed as in Whitechapel Road—seeing us, Holland said something to Taylor, and they went in different directions—Holland rushed into a public-house—I followed him—before I said anything he said, "I have got none"—I said, "None what?"—he said, "You know what I mean"—I asked him to come outside—as he came out he looked round, and said, "Where is Taylor?"—I said, "You need not trouble about him; he is all right"—I handed him over to a uniform man—I found Taylor struggling with two officers—66 coins were found on him, with a layer of paper between each—I took Holland from the uniform man, and took both to the station—I told them they would be charged with possessing counterfeit coins—I followed them about 150 yards.
FREDERICK ALLEN (Police Officer). I was with the other officer—I saw Taylor followed, and devoted my attention to Holland—several coins fell on the ground; others remained in his pocket—there were 66 altogether.
WILLIAM JOHN WEBSTER . I am Inspector of coin to Her Majesty's Mint—40 of these 66 counterfeit coins are from one mould, and 26 from another—they were not wrapped up in separate tissue in the usual way, but in a long slip—some are well made, and from a worn pattern, as if they had been current for some time—the life of a mould depends on the skill of the maker.
Holland's Statement before the Magistrate: "I came along the Whitechapel Road about a quarter to 1 on Saturday week; I met Taylor; I asked him to come and have a drink; we went into the White Hart at the corner of Cambridge Heath Road; turning round, I missed him, and called for a glass of something; whilst I was calling for it a police
officer came in and said he wanted me outside; I asked why, and he said he would tell me outside; I have no witness."
GUILTY .—HOLLAND then PLEADED GUILTY to a conviction of feloniously possessing a mould, with TAYLOR, in September, 1893—Five Years' Penal Servitude each.
MR. WILKINSON Prosecuted.
ANNIE THOMAS . I am a barmaid at the Castle, Furnival Street, City, kept by Mr. Salter—on February 17th, about 9 p.m., I served the prisoner with a glass of mild and bitter and a packet of cigarettes, price 2 1/2d.—he tendered this 5s. piece—I examined it, and took it upstairs to Mrs. Salter—I came down in about 10 minutes—the prisoner was still in the bar—Mrs. Salter came down, spoke to the potman, who went out and came back with a policeman in about 10 minutes—the prisoner drank half the drink and left half on the counter.
ELIZABETH SALTER . I keep the Castle public-house—on February 17th Annie Thomas brought me this crown piece—I went down into the bar immediately, and sent the potman out—he returned with a constable, and I said, "I give this man in charge for uttering a bad crown piece, as I have taken several," handing the piece to him—I guarded the door to keep the prisoner from leaving the house.
CHARLES LAWS (345, City). I was called into the Castle, where Mrs. Salter made a statement to me in the prisoner's presence—I received this coin—I searched the prisoner; he gave up three halfpence—afterwards I found tied in his handkerchief one florin, three shillings and sixpence, good money—I took him to the station—I asked him whether he had any more—he said, "No"—at the station, in answer to the charge, he said he received the crown in his pay, £1 2s., from the cashier at Atkins', upholsterers, Church Row, Bethnal Green—he gave an address—I made inquiries.
FRANK HALLAM (Detective-Sergeant, City). I was at the Police-court when the prisoner was charged, and heard this statement after Laws had given evidence—I then gave evidence that he said, "I made that statement because I thought I should be able to get out of it; I did not work there last week, and I do not know where I got the coin from."
The Prisoner, in his defence, said he was so confused that he did not know what he was saying, but he did not know the coin was bad.
NOT GUILTY .
MR. HARDY Prosecuted.
Union Bank—Sullivan got on the right side of a gentleman, and Graham had his back against the gentleman on the left-hand side—Sullivan raised his handkerchief with his left hand, and with his right drew the gentleman's pin—the gentleman was pushed on by the crowd, which was large, being the day of the relief of Lady smith—I knew the prisoners—Mr. Dangerfield stood by the railings, and Sullivan motioned with his head to Graham—I seized Sullivan's hand, and said, "Give it to me"—he said, "I did not take it"—I shouted to Burgen, "Go on and arrest Pat Waxy," meaning Graham, who ducked his head and pushed through the crowd—I pushed the people back—the prosecutor struck a match, and at Sullivan's feet picked up the pin—Graham made off as quick as he could—I took Sullivan to the Police-station, where he was charged—when I saw Graham at the Cloak Lane Police-station I said, "You will be charged with being concerned with George Sullivan, in custody, with stealing a diamond and pearl pin, value £10"—he said, "I do not know anything about it. If I was there, why did not you arrest me?"—I said, "I did endeavour to do so, but you ran away"—after the charge he said,,"I was not there, but I can prove where I was."
Cross-examined by the prisoner Graham. I was about two yards from Sullivan—I did not say you got through people's legs—I came to your house and said I had a message for you from "Little Georgie"—he sent no message.
HAROLD WILLIAM DANGERFIELD . On Thursday, March 1st, I was passing along Prince's Street, wearing this pin—I struck a match, and the detective picked it up—it cost me £10—I was going to Cannon Street Station through the crowd, and had no knowledge that the pin was taken till the detective told me.
HENRY BURGEN (City Detective). On March 1st I was in Mansion House Street about 10.15 p.m.—I saw the prisoners and the prosecutor—I saw Sullivan beckon to Graham—he placed himself on Mr. Dangerfield's right, and Graham was on his left, and by a second attempt he extracted the pin—I knew Graham as Pat Waxy—Newill seized Sullivan, and shouted, "Arrest Pat Waxy"—I endeavoured to do so, but he looked straight in our face, ducked his head, and worked his way between the crowd's legs—I touched him on the back, but the crowd were carrying a soldier, and I was forced back, and Graham escaped—he was arrested subsequently.
WILLIAM PEARCE (Detective Officer). On March 2nd I called Graham out of a public-house in Dorset Street, and told him I should arrest him for being concerned in a charge of larceny from a person in the City—he said, "I know nothing about it"—I took him to Commercial Street, and from there to Cloak Lane.
Graham, in his defence, on oath, said he was not there, and called
GEORGE SULLIVAN (The Prisoner). On March 1st I left home between 8 and 9 a.m.., and on that day Ladysmith was relieved—as I was making my way home I met a procession, and followed to Mansion House Street—I saw Mr. Dangerfield's pin, and yielded to temptation, and made two attempts and took the pin—the detective said, "Give it to me, George;" and knocked it out of my hand—he picked it up and shouted, "Arrest Pat Waxy"—he said, "Tell me where Pat Waxy lives"—I was taken to
Moor Lane—he asked me again to tell him where he lived—I said, "You know where he lives"—I was by myself.
Cross-examined. I heard the detective say, "Arrest Pat Waxy. Go after him; they are always together."
GUILTY . GRAHAM then PLEADED GUILTY to a conviction of felony at this Court in January, 1892. Five other convictions were proved against him.— Three Years' Penal Servitude. Twelve summary convictions were proved against SULLIVAN— Eighteen Months' Hard Labour.
MR. MORGAN Prosecuted.
NOT GUILTY .
OLD COURT.—Friday, March 16th,1900.
Before Mr. Justice Ridley.
MR. HUTTON, for the Prosecution, offered no evidence. NOT GUILTY .
(For other cases tried this day see Essex and Surrey Cases.)
NEW COURT.—Friday, March 16th,1900.
Before Mr. Common Serjeant.
MR. RODERICK Prosecuted, and MR. ELLIOTT Defended.
JOHN REUBEN CECIL GIBBS . I am an electrical engineer, of 35, Smith Street, Chelsea—I am an adopted son of the landlady—the prisoner is a lodger on the second floor—on Saturday, March 3rd, about 7.10 p.m., I heard scuffling, and a woman say, "For God's sake, somebody come up!"—I went upstairs, and tried to go into the room—the door was partly shut—the prisoner attempted to strike me—I struck him back—he was drunk—he fell backwards into the room and struck his face on the umbrella stand in the corner, inside the door—he went into the back room, came out, went into the front room, and came out with a revolver, fired it, and Raid, "I will give you something to remember"—he went out—I went and called a policeman—I was present when the revolver was taken from a drawer in the front room—a bullet was found about 1 1/2 in. to 2 in. up the skirting from the floor—I had been on good terms with the prisoner—his behaviour is all right—occasionally he is under the influence of liquor—he is a bullion messenger.
Cross-examined. He is a messenger to the South-Western Bank—he has been there 36 years—he had been to see a friend off with the Reserves, and indulged too freely—I was standing on the stairs, about 6ft. above, when the revolver was tired—it could not have been levelled at me—I was excited—I went further upstairs—the revolver had six chambers—one was discharged.
Walworth Street Police-station—about two hours afterwards I saw the prisoner standing at the corner of Smith Street, King's Road—as he answered a description I had, I asked if his name was Edward Warwick—he said, "Yes"—I told him I should take him into custody for shooting, with intent to do grievous bodily harm—he was drunk—he said, "All right; I did not think it would come to this"—on the way to the station he said, "I have not got the revolver on me; you can go down and get it if you like; there is my key; you will find it in the left-hand drawer of the cheffioner"—when the charge was read over he said, "I did not touch him till after he pushed me down"—I said "knocked" in mistake for "pushed."
ALBERT GODLEY (Detective, B). On March 3rd, about 9.15 p.m., Flactman gave me some keys, with which I went to 35, Smith Street, Chelsea—in the front room, on the second floor, I searched the cheffioner—in the left-hand drawer I found the six-chambered revolver(Produced), loaded in five chambers, the sixth having been recently discharged—the bore is 380—I found a box of cartridges in the same drawer—on Sunday, March 4th, I found a bullet buried in the skirting on the landing—it is the same kind as those in the box—at the station, after he was charged, he said, "I was drunk"—I showed him the revolver; he said it was his.
The Prisoner's Statement before the Magistrate: "On Saturday afternoon one of my colleagues; he is a reservist going out to the front; came to bid us all good bye, five of us. He said to me, 'Ted' that is the nickname they call me, 'Wait for me; I am going to Chelsea; we will go together.' When we got out at Sloane Square Station he said, 'We will have one more drink; I may never come back.' We went and had it. He made me late for my dinner. That was the cause of my wife and me having words. I never fired the revolver, but fell against the door, and it discharged in my hand. You have got all the rest, except that the witness knocked me down."
The Prisoner, in his defence, repeated on oath this statement, and added that he bought the revolver to protect the bank and other premises; that he did not know why he got it out of the drawer, but that he never levelled it at the prosecutor. He received a good character.
NOT GUILTY .
GUILTY , but under great provocation.— Fined £5.
MR. MORGAN Prosecuted, and MR. HUTTON Defended.
ISRAEL PRIMHAK . I am a mantle-maker, of 26, Muir Street—I have known the prisoner some five years—on Tuesday, February 20th, I met him in Friday Street about 4.30 p.m.—I was speaking to him about five minutes—he looked at my diamond pin, and put something back in my scarf, and went away—it was a pin with a little blue stone in the middle—mine, was a diamond pin, which cost £2 7s. 6d.—I did not agree to exchange the pin, nor make a present of it.
Cross-examined. I have seen the prisoner about 12 times in the five years I have known him I was not in the habit of going out with him—he worked at the pace where I was working—I believe he is of a respectable family—I spoke to him yesterday, and I drank with him—I do not wish him to be punched—my wife pointed out that I had a different pin.
WILLIAM STAINFS (680, City) The prisoner was given into my custody about 1 o'clock on February 24th by the prosecutor's brother—he said, "It is quite right, I will go with you"—on searching him at the station I found a pawn-ticket relating to the pin, dated February 20th.
Cross-examined. I have made inquiries I find he bears a good character, and is of a respectable family
MARK WILLIAM HOPKINS . I am assistant to John William Russell, of Fore Street, City this pin was pledged on February 20th by the prisoner between 5 and 6 p.m. at our shop, which is about half a mile from Friday Street in the name of James Edwards, of 20, Alderman bury, for, £1—this is the ticket.
The Prisoner, in his defence, on oath, stated that he never meant to pawn the pin till he got pressed for money, being out of employment. He received a good character.
GUILTY .— Six Months in the Second division.
MR. TUDOR Prosecuted, and MR. BURINE Defended.
RICHARD FEESEY . I am a commercial traveller, of 113, Balham Road—on Saturday evening, February 3rd, I was in a u✗ in Theobald's Road—Witham stopped me coming out I tried to go out the other way, when three people rushed in—I called out to my friend, who had gone on—Brown was pushing me behind—my watch was taken from my dress waistcoat pocket—there were eight of those scoundrels—we had a tremendous struggle for about five minutes—my watch was worth 25 guineas from what I saw in the newspaper I at ended at the North London Police-court on February 16th I indentified the prisoners from eight people I have not the slightest doubt about them.
Cross-examined. It took five minutes before they got my watch, which they took by main force.
JOHN ROSENTRETER (Police Serjeant, J). On February 16th the prisoners were identified by the prosecutor from eight persons—the charge was read over—Witham said, "What time was it?"—on being told, "Half-past 6," he said, "I can prove I was in a doctor's shop"—Brown made no reply the trains run from the urinal in Theobald's Road to Hoxton in 17 minutes—I walked in 25 minutes from the doctor's shop.
JOHN WADE . I am dispenser to Dr. Simpson, of 176, Hoxton Street, Hoxton—our books show that between 8 and 9 p.m. on February 13th medicine was sent to Mrs. Kendal—about 80 patients come between 7 and 10.30 p.m., and have to wait for their medicine.
The Prisoners' Statements before the Magistrate: Witham says: "At 4 p.m. on Saturday, February 3rd, I went out of the Gloucester public-house and went home. I stayed there till a quarter or half-past 6. I
then went back into the Gloucester, and from there I went to Dr. Simpson's, at the corner of Harman Street, Hoxton, and spoke to the assistant. I waited for Mr. Simpson till about half-past 8 to get medicine for my wife. The medicine we got in the name of Kendal. I had a conversation with Mr. Simpson, and left at half-past 8; then I went home. I was at Dr. Simpson's about half-past 6, not more than a few minutes one way or the other. I have no witnesses here to-day." Brown says: "I reserve my defence, and call no witnesses to-day."
Witham, in his defence, on oath, said that he knew nothing of the robbery, but was at the time getting medicine from Dr. Simpson's dispensary at Hoxton for Mrs. Kendal, with whom he lived.
LILLA KENDAL . I live with Witham as his wife—I was ill with influenza on Saturday, February 3rd—Witham came in about 4 p.m., and stayed till 6.30 p.m.—he then left to get the a bottle of medicine from Dr. Simpson's, of Hoxton Street, Hoxton—he came back about 8.30.
GUILTY .—WITHAM then PLEADED GUILTY to a conviction of felony a the Mansion House on December 9th, 1898, in the name of Henry Vincent, and BROWN to a conviction at this Court in March, 1892, in the name of Henry Andrews. Six convictions were proved against Brown, and seven against Witham, in four of which the prisoners were associated.— Three Years' Penal Servitude each.
MR. CALTHROP Prosecuted, and MR. BURNIE Defended.
LEAH TROTT . I live at 98, Trebbing Street, Islington—in the early morning of Tuesday, March 6th, I was in the High Street, Islington, outside Mr. Wolford's, the tobacconist's—the prisoner came and said, "Have you got sixpence?"—I replied, "I have not, I have only sufficient to pay my rent"—he said, "Take that, you f—," and struck me on my nose and at the hack of my head—I put my hand up, and he took my purse out of my hand—I had 3s. 11d. left in it out of 4s.—I halloaed out as well as I could—he kicked me in the privates and on my leg—I fell, and my hat went on the floor—he went across the road towards White Lion Street—I went and complained to a constable—I know the prisoner from his demanding; pennies and twopences, but I never had a conversation with him, nor drank in his company—I deprived myself by giving him twopences because he used obscene language when I refused—I was hurt—I went to a doctor—I had two black eyes, and was black and blue where I was kicked on the body.
Cross-examined. I am an unfortunate—I did not tell Mrs. Price that the prisoner had given me something, and I would give her something—Mrs. Price is an unfortunate, and an associate of the prisoner—I did not tell her I would fight her again—I had a row with her on February 22nd at my own door—she lives near—I know the cabman before me—he was not at the assault—a lot came afterwards—I changed a shilling at the tobacconist's at 12.45 a.m. for a pennyworth of snuff—I did not strike the prisoner in the face, nor threaten to throw snuff in his eyes—he did not strike me one blow in the face, and then go away.
9 p.m. on Wednesday, March 7th, in Chapel Street, Islington—I told him I was a police officer, and should take him into custody for assaulting a woman and stealing her purse in the early morning of the 6th—he said, "I did not steal her purse; I admit I hit her; some of the others must have had that"—I looked for the prisoner on the 6th with the prosecutrix—her eyes were black, her nose swollen, she complained of her leg, and was walking lame.
JOHN FOULSTON (60G). On the early morning of Tuesday. March 6th, the prosecutrix complained to me—she was excited, and bleeding from her nose—I referred her to the Magistrate at Clerkenwell—I was on duty in the High Street, between Duncan Street and the corner of the City Road.
Cross-examined. She was outside Priddle's shop between 12.45 and 12.50.
WILLIAM NEWTON , M.R.C.S. On the evening of the 9th the prosecutrix was brought to my surgery, suffering from contusion of the nose—both eyes were black, and there was a large contusion on the inner side of her left thigh and on her privates, the result of a kick or a blow.
The Prisoner, in his defence, on oath, said that the prosecutrix followed and abused him, and threatened to throw snuff in his eyes, and he struck her with the back of his hand and opened an old scary but the black eyes were inflicted previously.
KATE PRICE . I live at 2, Cromer Street, Gray's Inn Road—I am an unfortunate—I had seen the prosecutrix on the Friday before this Tuesday as I was going home, about 12.50 she asked if I saw a man set about her—I said, "No, I am sorry for you; what did he do it for?"—she said, "Nothing," and hit me with her clenched fist on the mouth, and said, "I have had that for nothing, and you take that for nothing"—she was bleeding from her nose, and had two black eyes at the same time—after that she was with a gentleman in the Pentonville Road, when I asked her what it was for, and she said, "I got mine for nothing, and you had to have yours for nothing; but, Kate, take no notice now, for I am with a mug"—that is a gentleman—afterwards I was talking to Mr. Sewell, who is a costermonger, about bringing me some fish, when she slapped me in the face, and Mr. Sewell asked her what she did that for, and smacked her face—a constable interfered, and she went across the road to the tobacconist's.
ALEXANDER GREEN . I am a cab-driver, of 15, Rising Hill Street—this is my badge (17791)—on March 6th I was speaking to the prosecutrix outside Priddle's, when the prisoner came up and struck her—I was asking her what right she had to tell my wife that I had been calling at her house, and she was going to say something, when he struck her with his open hand—she said, "Alec, Alec, Alec!"—blood came from her nose—the prisoner did not ask for money, nor take any from the prosecutrix—a constable came along he said, "Oh, well; go on; get out of it."
NOT GUILTY .
223. WILLIAM SEWELL was again indicted for having occasioned actual bodily harm to Leah Trott. The Prisoner, in the hearing of the JURY, said that he was GUILTY of a common assault.— Six Months' Hard Labour.
OLD COURT.—Saturday, March 17th, 1900.
Before Mr. Justice Ridley.
MR. SHERWOOD Prosecuted.
THOMAS JAMES . I am a sailor, and belong to the Meserva—on February 2nd I was coming from the Albert Docks, where my vessel was lying—I had a portmanteau with me, containing my kit and clothing, tools, sea boots, overcoat, and pea jacket, which I valued at £10—I was in Liverpool Street about 2 p.m., and met the prisoners—they spoke to me, and we went and had a drink—they asked me where I was going—I told them I was looking for an hotel, as I was going to stay in London till my ship nailed—O'Connor said he could show me an hotel where I could stay, and would take me there—I went with them, carrying my portmanteau, and O'Connor leading the way—I do not know where we went to, but we came to a public-house, where we all stayed for sometime—I paid for some drink—we had about five glasses of beer each—about 4 we left the public-house—they helped me to carry my portmanteau—Pritchard was carrying it, when O'Connor said to him, "Scoot," and he ran away with it, while the others held me for about three or four minutes—then I held them till a policeman came—I never saw my portmanteau again—I saw Pritchard in custody about a month after the robbery, and identified him from among 14 others—I am perfectly sure he is the third man.
Cross-examined by O'Connor. I did not say at Guildhall that we met at 5.30; that was the time you were arrested—you told Pritchard to run away with the portmanteau—it was heavy, but he got away as quickly as he could—I do no: know the name of the street where we were.
Cross-examined by Clark. The last time I had my portmanteau was in the public-house—when I gave it to Pritchard he walked on with it for about 100 yards, and then, when you saw a favourable opportunity, you held me and let him run away—I am a stranger in London—you punched me in the face, and I showed the marks to the Magistrate.
Cross-examined by Pritchard. I am sure you are the man—you had a moustache, but you are not much altered with it off.
Re-examined. I have given a description of the third man—I am an American, and had only just landed—I had my pay in my pocket; none of that was taken.
ALBERT GALE (257, City). On February 2nd, about 5.30 p.m, I saw a disorderly crowd in St. Martin's-le-Grand, and went to see what was the matter—I saw the prosecutor holding O'Connor and Clark—they were struggling to get away—I caught hold of Clark, and another officer
caught hold of O'Connor—the prosecutor paid, "Another man has walked away with my portmanteau"—the prisoners asked him where it was—of course he did not know, because the other man had gone away with it—I took them all to Snow Hill Station, where they were charged with being drunk and disorderly; they were all under the influence of drink, but the prosecutor was more excited than anything, and the inspector did not take the charge for being drunk against him, and he was taken out of the dock and allowed to prefer the charge of larceny against O'Connor and Clark—I took the prisoners to Bishopsgate Street, because we were led to believe that the robbery had taken place in Liverpool Street—on the way Clark tried to get away—he said, "You shall not b—well take me," and while crosssing the road a van came along and he tried to throw me under it by putting his legs through mine—both the prisoners were under the influence of drink, but not in a bad state of intoxication.
Cross-examined by O'Connor. You did not come down the road to me—there was plenty of light to see the crowd.
Cross-examined by Clark. You said that the prosecutor was charging you with stealing his portmanteau.
WALTER SELBY (Detective G). I know Pritchard—I saw him on March 5th, about 1.30 p.m., outside Clerkenwell Police-court—I told him I should arrest him on suspicion of being concerned with two other men in robbing a sailor of a bag on February 3rd—he said, "I have a good mind to ruck," which means he would get away if he could—with assistance I took him to the station, next door to the Police-court.
Cross-examined by Pritchard. When you said you would ruck you tried to get away.
ROBERT LYON (Detective Serjeant, City). Pritchard was at Bishopsgate Police-station on the morning of the 6th—he was put among 14 men, and picked out by the prosecutor as being the man who went away with his bag on February 2nd, and he was then charged—he said, "I am innocent"—he gave his sister's address, where he stops at times—the 14 men among whom he was placed were civilians, costermongers, and people going to work, not people of a better appearance and dress.
Cross-examined by Pritchard. I was not present when you were identified—I was told about it—the inspector who was present is not here.
GEORGE CUTHBERT (Policeman, City). On February 2nd I assisted Gale to take Clark and O'Connor to the station—they went willingly to Snow Hill Station, but from there to Bishopsgate Clark was rough—Gale had a lot of trouble with him—passing Little Britain, he put his leg between Gain's, and tried to throw him under a passing van.
Cross-examined by Clark. I had O'Connor—I do not know if a private constable twisted your left arm and threw you to your knees—a private constable started with us from Snow Hill—at Bartholomew's Hospital a uniform man came and assisted Gale.
The Prisoners Statements before the Magistrate: O'Connor says: "Would you mind settling the case here. I never had a chance in my life." Clark says: "I want my case settled here. If I have it settled here I will get an honest living when I come out of prison."
O'Connor, in his defence, stated that he was looking for a job when the prosecutor, who was halloaing for the British, seized him, accused him of stealing his portmanteau, and assaulted Clark; and that he went to a constable to charge the prosecutor, when he was himself arrested. Clark in hit defence said that as they were coming through Aldersgate Street the prosecutor seized O'Connor, and then bit him (Clark) through the neck, and he took him to Gale, who charged them with being drunk and disorderly. Pritchard in his defence said the men with whom he was placed for the purpose of identification were not his own class or appearance.
O'CONNOR and CLARK— GUILTY . PRITCHARD— NOT GUILTY .
There was another indictment against Clark for an assault upon the prosecutor after the robbery, and another indictment for assaulting the policeman. O'Connor** then PLEADED GUILTY to a conviction of felony in June, 1898, and Clark** to a conviction of felony in May, 1895, in the name of Matthews. Nine other convictions were proved against O'Connor, who was released on December 9th, 1889, from his last sentence, and seven against Clark. O'CONNOR— Three Years' Penal Servitude. CLARK— Twelve Months' Hard Labour.
NEW COURT.—Saturday, March 17th, 1900.
Before Mr. Common Serjeant.
MR. MUIR Prosecuted, and MR. HUTTON Defended Clatworthy.
ARTHUR PONSFORD . I am a packer employed by Macintosh & Co., who make waterproof sheets—on February 14th I packed five cases of brown sheets, 150 in each cane—this is one of them—the marks are obliterated—the material is used by the Volunteers in South Africa—I handed 750 eases of the tame sheets to Pickford & Co.—they were separated by brown sheets of paper—we had sent out a thousand, previously—the value of one case is £34 odd.
JOHN BEVAN . I am a carman to Pickford & Co.—on February 14th I collected five cases from Macintosh & Co., of Golden Lane, for delivery at the docks—I went through Queen Street—I stopped at a coffee-house on the way, and remained 20 minutes—nobody was in charge of the van—I missed one bile—the rope had been cut—I was not supposed to stop—I gave information at the Police-court.
GEORGE BENTLEY . I am a warehouseman employed by George Bryant and others, leather merchants, of Spa Road, Bermondsey—on February 15th I received from the warehouse of W. R. Shaw, of Berwondsey, 42 pieces of leather—I packed them, and took them away—it was snowing and raining, and I stopped on the way at a public-house two or three minutes—the truck was gone—this is some of the leather—it is marked
by my number—I gave information to the police directly I missed it—the value was £35.
JAMES ALEXANDER WICHES . I am employed by Rylands & Sons, of Wood Street—on February 19th 210 of these table cloths wore consigned to us—we did not receive them—their value is between £40 and £50—there were 60 bales—I have identified 149 covers in the custody of the police.
ROBERT COOK . I am employed by Harman & Co.—on February 13th, in Glasgow, I packed two bales for Foster, Porter & Co., containing 54 pieces of flannel shirting this is one piece of the flannel—this is one of the wrappers—this was addressed to Paterson, Long & Co.—the marks are "129," "172," and "182" in a diamond—I produce pattern cuttings from two bales which fit the flannel—they are stamped—I recognise it—they are all our goods.
HENRY PRICE . I am employed by Lavington & Co., Limited—on February 19th I collected from Irongate some goods in my single-horse van—I went into a coffee-shop in Market Street, and remained a quarter of an hour—I found the van had gone—six bales were on the van—this paper refers to two, and these other papers to the others—they are consigned to Porter & Co., Rylands & Co., and Peterson, Long & Co.—this wrapper was on one of the bales.
WILLIAM DAVIS . I live at 187, Southgate Road, near Mildmay Park—Edwards and Clatworthy occupied three rooms there in the name of Mr. and Mrs. Steel, as man and wife, for about four months—I asked Clatworthy what her husband was—she said he was a dealer—I was there when the police came—I saw Clatworthy's dress hanging in the passage.
Cross-examined. The man paid the rent—the woman took the rooms—they were generally at home—the man was in and out perpetually—that was one reason I was dissatisfied—people occupied the top of the house, but were hardly ever at home, and someone came from Saturday to Monday—a female slept on the top floor—I have no servant—I live quite alone—the dress was not hanging near the street door, but opposite the basement door the prisoners occupied the breakfast parlour in the basement and the first floor—I occupy the parlours.
ROBERT HENRY JONES . I live at 4, Prince Charles Street, Goswell Road—I have known the prisoners since September 25th—I let Edwards a stable at 140, Church Road, Essex Road, Islington, a little short of a quarter of a mile from 1✗87, Southgate Road—I knew them by the name of Steel—with one or two exceptions, the male prisoner paid the rent—when he happened to be out the female paid it—it was 12s. a week—once the male prisoner left me the key of the stable, as the water came through—when he first had it someone else had a horse there—none came latterly—the male prisoner met me outside the stable, and I said it was inconvenient, and I would call an Southgate Road, which I did for about two months.
WILLIAM BURCH (Detective Serjeant). On February 24th I saw the prisoners come out of the gate of the stable attached to 140, Church Road—I followed them into a public house—when they came out, as they were about getting on a tram-cur, I stopped them—I told them I was a police
officer, and had reason to believe they had stolen property in their possession; I should take them to the station—the female took a table cover from under her waterproof, and threw it in my face; the male struck me on the back of the head with his fist, and ran away—I got her to the station—he escaped—she was charged with unlawful possession—in reply she said, "I got it off the man I slept with last night"—she was taken before the magistrate on that charge, and my evidence was taken—my evidence was repeated on the indictable offence—I went with Inspector Forth to 140, Church Road on the same day—I found 148 table cloths in the stable, similar to this one, in about six to nine packages—I also found 149 waterproof sheets of the 150 in the bale that was stolen, 65 pieces of flannel, 40 pieces of leather, and other goods—I went to 187, Southgate Road the same day, and again on the 28th—Parsons showed me what he found.
EDWARD PARSONS (Police Sergeant, J). I went to 187, Southgate Road on February 24th and 28th—I found these pieces of flannel on the 28th in the pocket of a dress which was hanging in the passage of the basement—I have compared them with the bulk found by the constable—I find they correspond in pattern and fit the pieces—Edwards was apprehended on the 27th by Roberts.
Cross-examined. I have been told that Steel was her name.
GUILTY .—EDWARDS then PLEADED GUILTY to a conviction of felony at the Thames Police-court on November 20th, 1895— Five Years' Penal Servitude.
CLATWORTHY— Three Years' Penal Servitude.
MR. WHITE Prosecuted.
WILLIAM HARDING (951, City). On February 23rd, about 1 a.m., I was on duty in Houndsditch—I saw Hammerson come out of Sidney Lane into Houndsditch, walk back into Sidney Lane and join Maskell about 15 to 20 yards from Sidney Lane—they remained together, then continued down Sidney Lane into Gravel Lane—they turned to the right, when I lost sight of them, opposite a tavern—in consequence of what I saw I followed them through Houndsditch and Little Duke Street, Aidgate—a quarter of an hour later I saw them in Little Duke Street—I took them to the Police-station, and charged them with frequent loitering, and unlawful possession—they said nothing.
GEORGE JAMES SMITH (68, City). Harding spoke to me, and I went along Leadenhall Street—I saw Hammerson standing at the corner of Billiter Street, looking towards me, five to eight minutes—when he saw me coming towards him he crossed to the right side of Leadenhall Street, where he remained—he was there joined by Maskell, who came from Billiter Street both walked along together—Hammerson buttoned up his coat, placing something under it—I followed them about 180 yards—I flashed ray light—a constable answered the signal—I called out, "Stop those two men"—he arrested them—when I got up to them I said to them, "What are you doing standing about the streets this time in the
morning?"—Hammerson said, "I am going to the markets"—I said, "Unbutton your clothes"—he unbuttoned, and in his right trousers pocket and sticking up under his face was this jemmy—I said, "What do you do with this thing?"—he said, "I get a living by opening fish boxes in the market; I work for Mr. Donovan"—I asked for the Christian name—he said it did not matter—I said to both, "You will have to come back with me"—we took them to where they were first seen loitering—I examined several doors—I took them to Little Duke Street, where Harding identified them as the men he had seen—I took them to the Police-station, where they were charged.
EDWARD WALKER (900, City). I saw the sergeant's light in Leadenhall Street—I first saw two men coming hurriedly along the right-hand side of Leadenhall Street towards Cornhill—I heard the sergeant call out "Stop the men"—I stopped them till the sergeant came up—I heard what was said—in the right-hand pocket of Hammerson was this jemmy—I arrested Hammerson and took him on, with the sergeant, to Billiter Street—we examined the doors, and then took the prisoners to the station.
The Prisoners' statements before the Magistrate: Maskell says: "I met this man accidentally, and he picked this thing up in my presence." Hammerson says; "I met this man and picked the thing up at the corner of Billiter Street."They repeated their statements on oath.
GUILTY .—Hammerson then PLEADED GUILTY to a conviction of felony at the Mansion House on October 14th, 1897, in the name of Robert Peak, and Maskell at this Court in January, 1894. Four other convictions were proved against HAMMERSON— Three Years' Penal Servitude; MASKELL, who had been nine times convicted— Six Years' Penal Servitude.
MR. WOODCOCK Prosecuted, and MR. HUTTON Defended Whitman.
CHARLES NICLAS . I am a cellarman at the Charing Cross Hotel—on February 11th I left the hotel about 12.30, and proceeded towards home over Waterloo Bridge—I am a Swiss—I was met by 10 or 12 men on getting to the middle of the bridge—the prisoners started on me—it was 12.45—Whitman opened my overcoat and drew my watch, and threw it away—Scully struck me in the face, cut my lip, and knocked me to the ground—I called out—a little while afterwards a policeman came—the prisoners tried to run away—a policeman picked me up—I next saw the prisoners under the electric light, when they were brought back—I am sure they are the two men—the value of my watch was 14s.—I did not know them.
Cross-examined by Scully. I was before that at a coffee-stall with one young woman.
Cross-examined by MR. HUTTON. The young woman was with me crossing the bridge—she went away before I was struck, before I crossed the bridge—I was on the ground two or three minutes only—I was surprised—I saw these men held a few yards away—after that I saw the
10 or 12 men running away—I told the Magistrate that Whitman took my watch and struck me; that Scully struck me with his fist on the mouth and knocked me down—I am sure these prisoners are the men—one took my watch, and both struck me.
BEN SHELFORD (331E). I was on duty at the Strand end of Waterloo Bridge, against Somerset House—I heard shouts of "Murder!" and "Police!"—I spoke to another officer, and went on the left-hand side of the bridge; the other constable went on the right—about half-way the prisoners rushed across the road, leaving the prosecutor—Scully threw something out of his hand, shouting to Whitman, "Here comes the f—g copper"—they were running—I said, "Don't run away; come on back, and let us see what is the matter"—I took them to where the prosecutor was standing with a constable—he said, "The tall one (Scully) struck me in the mouth, the short one took my watch"—I said, "It is a serious thing; mind you make no mistake"—he told me he had made no mistake—his mouth was bleeding—they were taken to the station—on the way a gentleman had picked up the watch, which was shown to the prosecutor, who said, "That is my watch"—Scully said, "I left the girl I was keeping company with in Stanhope Street, and met the other man who went over Waterloo Bridge. The constable caught hold of him, then me. The prosecutor said I was one man, and he was the other."
Cross-examined by MR. HUTTON. I did not see any roughs—I caught Whitman from behind—he works for his brother—he leaves work between 9 and 12 o'clock.
Re-examined. When I first saw the prosecutor the prisoners were across the road, over the prosecutor, who was lying on the ground.
CHARLES READ . I live at 10, Avon House, Offord Road, Barnsbury—I am employed by the Gas Light and Coke Company—on the early morning of February 11th I was crossing over Waterloo Bridge, on the left-hand side—I saw half a dozen fellows coming towards Waterloo Station—as they passed me one called out, "Watch! watch! watch!"—Scully said, "Here comes the policeman," and they began running towards Waterloo Station—before they came up I saw someone strike the prosecutor who seemed to be looking in the gutter—I found this watch near where he was standing—I handed it to the constable.
Evidence for Scully.
MAGGIE DANIELS . I live at 42, Stanhope Street—I am a paper-folder—about 12.25 on Saturday night Whitman and the witness Shea called for Scully, and they left Stanhope Street and went towards the Strand—Scully said, "Come and have a cup of coffee"—the next I heard was that Scully was locked up.
RICHARD SHEA . I live at 9, Down's Place, Wardour Street—I know the prisoners—we had a cup of coffee at a coffee-stall—we went over Waterloo Bridge together—I heard a cry on the bridge between 50 and 60 yards off—Scully was about two yards in front—a constable came up to the prisoners, and asked the prosecutor whether they were the two—he said, "Yes"—I was with them all the time—Scully first saw me in Kendal Street—he said, "Come and have a cup of coffee"—Scully has worked in the flower market seven or eight years—I work there as well.
Cross-examined by MR. HUTTON. I am employed by Whitman's brother
—we left work at 11.56—we went to the Catherine Street shop and shut up there, and from there to the coffee-stall, opposite Somerset House—Scully went to Kendal Street to get his washing—I did not see Whitman make a snatch; I was with him the whole time—when he was arrested I was going to Waterloo Station—I saw plenty of people the other side of the road—I went to the Police-station with Whitman—Scully was in front, going over the bridge—I saw no watch taken—I saw Maggie Daniels leave Scully—I had nothing to do with stealing the watch.
Scully's Defence; "I had nothing to do with the robbery." Whitman, in his defence, on oath, said that he had nothing to do with it, but was going home from his work.
Whitman received a good character.
Before Mr. Justice Ridley.
MR. AVORY and MR. MUIR Prosecuted, and MR. BLACKWELL Defended.
WILLIAM THAKE . I am a fishmonger, of 5, Stratford Street, Canning Town—about February 19th I sold a colt, but I never got the money for it—before I sold it I told the prisoner he could have it for £3—on the same night I was in the Victoria Dock Tavern, Victoria Dock Road—the prisoner was there, and the deceased—the prisoner said to me that he could have made some money over the colt—the deceased said, "Why don't you shut up about the colt? we will have a drink of beer together," and, of course, him and the prisoner had a bit of a row, and he let off at the prisoner and knocked him down—the prisoner got up and knocked the deceased down—then the prisoner went outside, and the deceased after him—the deceased came back about two minutes afterwards, and the prisoner about six or seven minutes afterwards—I was at the bar drinking, but I never saw anything happen; my back was to them—when the prisoner came back the second time I heard him say to the deceased, "What did you hit me for?"—I did not hear any more—I saw the deceased go out of the public-house—he was holding his groin like this—I did not hear him say anything.
Cross-examined. It was the deceased who interfered about the colt—I did not see any knife.
ALFRED ROBINSON . I am a general dealer, of 3, Emily Street, Canning Town—I was in the Victoria Dock Tavern between 8 and 8.30 on February 19th—the deceased and the prisoner were there—there was a conversation about a colt, and the prisoner was speaking about his rights, what he ought to have—he had got 7s., and somebody else had got 9s., and he wanted another shilling—the deceased hit the prisoner and knocked him down—the prisoner got up and knocked the deceased down, and then went out of the house, and came back about seven or eight minutes afterwards—the deceased was standing against the fireplace—the prisoner said to him, "What do you want to hit me for?" and went like that—I do not know if he had a knife or pistol—then the deceased
walked out, and I took him to the hospital—I do not know if the prisoner stabbed him or shot him—I saw a blow directed at his stomach, and one at his neck—I do not know if he did it more than once—I was sober, and so were the prisoner and the deceased.
Cross-examined. I have known the deceased and the prisoner 14 or 15 years.
JOHN WRIGHT . I am potman at the Victoria Dock Tavern—I was in the bar on February 19th, between 8 and 9—I saw the deceased hit the prisoner, and the prisoner hit the deceased, and he then ran out, and the deceased went out after him, then he came back, and the prisoner came back about 10 minutes after—I was reading a paper, and did not see any more—I heard the prisoner say, "What did you hit me for, Jack?"—the prisoner then said, "Oh!"—I went out on to the pavement some time after—both the men were sober.
Cross-examined. The prisoner ran out, and the other man after him.
GEORGE PILGRIM . I am a labourer, of 18, Cooper Street, Canning Town—I was in the Victoria Dock Tavern, between 8 and 9, on February 19th—I saw the deceased and the prisoner there—I saw the deceased strike the prisoner, who then knocked him down—the prisoner went out, and the deceased followed—I went out, too—the prisoner went to the other side of the road, but the deceased stopped on his side—I went into the bar, and the deceased followed me in—we had not been in there seven or eight minutes before the prisoner came in again, and went up to the deceased and said, "Jack, what did you hit me for?" and before the deceased could speak he took his hand out of his pocket and struck the deceased in the in, and then again in the neck—he then turned round and walked quickly to the door—the deceased was not doing anything to the prisoner—the deceased was taken to the hospital.
By the JURY. I could not see what he struck the deceased with—he had his hands in a long coat pocket, and when he took his hand out I could not see what was in it.
GEORGE COMPTON . I am a dock labourer, of Canning Town—on the night of February 19th I was outside the Victoria Dock Tavern—I saw the prisoner come out—he had no hat on, as the deceased had it, who gave it to a boy, who would not take it—then a man named Horrocks took it across the road to the prisoner—the deceased went into the public-house again; the prisoner went down the street—I saw him come back about five or six minutes after, and go into the public-house, where he remained five or six minutes—I saw him come out and stand in the middle of the road—he dropped something as he was coming out, and then picked it up—I do not know what it was; it sounded like a bit of wood to me—I did not see what he did with it after he picked it up—then he went and stood in the middle of the road—I saw the deceased come out of the house—he was holding his abdomen with his two hands—I helped him into the van.
JAMES BELSHAM . I am 13, and a shop boy at Horsfield Road, next door to the Victoria Dock Tavern—I was outside the shop about 9 p.m. on February 19th—I know the prisoner by sight—I saw him come out of the public-house and walk across the road, where he stood—the deceased came out, and stayed on our side—then the deceased walked into the
public-house, and the prisoner followed him, and looked in through the glass window of the door—he then walked straight up Victoria Dock Road, and then back, and crossed the road again—then he came back by our shop, and walked straight into the public-house—I know Muller's, the butcher—it is opposite our house—the prisoner stood against the shop—then he came out of the public-house, and stood in the middle of the road—he looked at his right hand, then he slung his hand down—about a minute after he walked sharply down the road, and I did not see any more of him—about a quarter of an hour after I went into the middle of the road where he had been standing, and picked up this knife (Produced)—I took it straight into our shop and left it there, and two days later I handed it to Sergeant Leonard.
Cross-examined. I did not see the prisoner go into Muller's shop—it was not me whom the deceased offered the prisoner's hat to.
PHILLIP ELLINGFORD . I am a vanman to Carter, Paterson & Co.—about 8.30 on February 19th I was called to the Victoria Dock Road by Robinson—I took up the deceased and drove him to the Poplar Hospital in my van.
JOHN MULLER . I am a butcher, of 9, Horsfield Road, Canning Town, which is just across the road from the tavern—I was in my shop on February 19th—I remember the prisoner coming in and asking for a boning knife, which was lying behind me on a form—he pointed to it, and said, "Let me have that knife, quick; I want to cut a cabbage"—this was about 8.30 p.m.—I let him have the knife; I thought he had come from the greengrocer's, next door—I did not see which way he went when he went out—the knife was similar to this one, but I cannot swear to it.
Cross-examined. My daughter was in the shop, and has failed to identify the prisoner—the officer in the case spoke to me about this first—the prisoner was in my shop about a second—I say the prisoner is the man.
By the JURY. No other knife has been returned,
JESSIE BAIRD . I am a nurse at Poplar Hospital—I was on duty when the deceased was brought in on February 19th—I saw his clothes, and searched his pockets—no knife was found—I did not see the wound in his stomach—I saw a slit in his clothes, which went through the under garments—there was blood at the same spot.
WILLIAM LEONARD (Detective Sergeant). At 10.45 p.m. on February 19th I was at the Police-station at Canning Town—as I was going out I saw the prisoner coming towards the station—he said to me, "They have been to my house"—he did not say whom he meant—I said, "What is your name?"—he said, "Adam Greeb"—I said, "You will be charged with shooting John Ellingham"—he said, "Me shoot him! I did not. I got my hand cut, and have been to the Seamen's Hospital and had it dressed"—I then searched, but found nothing on him—his right hand was bandaged, and was in a sling—I saw blood on his shirt, under-coat, and trousers—he said, "He is a dirty dog; he will poke his nose in where he is not wanted, but won't stand up and fight fair"—this knife was handed to me by Belsham, who pointed out a spot in the road, which was 10 paces from the public-house.
Cross-examined. I knew the deceased—he had been convicted of assault—one of his brothers belongs to a gang.
JOHN BEER (Inspector). The prisoner was in custody at the station where I was in charge on the early morning of February 20th—he was charged with stabbing John Ellingham—I read the charge over to him—he said, "I should think it ought to be him charged with stabbing me; I have had about seven stitches put through my hand"—at West Ham Police-court, on February 23rd, I said to the prisoner, "Ellingham is now dead, and yon will be charged with wilful murder"—he said, "Wilful murder, sir; I did not murder the man."
ERNEST BAILEY . I was house surgeon at the Poplar Hospital on February 19th—the deceased was admitted at 8.45—he had a wound on the left side of his neck about 1 in. long, and 2 in. to 3 in. deep on the abdomen—in the middle line below the navel was a wound about 3 in. long, penetrating the wall of the abdomen, and through which the omentum protruded—an operation was performed under an ansthetic at 9.45 p.m., when we found, on enlarging the wound, a large amount of blood in the abdominal cavity—peritonitis set in about three days afterwards, and he died on the 22nd, about 9.30 p.m.—death was the result of that wound—the wounds could be produced with this knife—the direction of the wound in the abdomen was to the right from the middle line—the wound in the neck was slightly forward and downwards.
Cross-examined. I regarded the wound in the stomach as serious—the peritonitis resulted certainly from the wound, and not from the operation—peritonitis has resulted from operations.
Re-examined. The man would have died in a very short time if the operation had not been performed.
By the COURT. I should not have performed the operation if I had not thought it necessary to save his life—he could not have produced the wound in the neck; some hand caused that.
By MR. BLACKWELL. The wound could have been caused by the man falling on the knife.
By MR. AVORY. I cannot suggest the position in which the knife was.
ALEXANDER THOMAS FRASER . I am assistant house surgeon at the Seamen's Hospital, West Ham—on February 19th, about 8 or 9 p.m., the prisoner came to the out-patient department, and said to me, "I have had some words with a man who has stabbed me"—I examined his right hand, and found a wound between the thumb and first finger about 3 in. long and about 1 in. deep in the deepest part—it was inside the hand as well as outside—I stitched it up, and dressed it, and he left—it was only one cut—it might have been caused by the hand slipping up this knife to the blade.
Cross-examined. The knife came against the deceased's spine, and would cause it to slip.
Re-examined. In my opinion, if the knife came against the spine that would be quite sufficient to cause the hand of the striker to slip up to the blade.
GEORGE MELLUISH . I was present on February 20th at the Poplar Hospital when the deceased's depositions were taken—the prisoner was present, and was represented by his solicitor, Mr. Stern, who cross-examined
the deceased, who made his mark—Mr. Boardman heard the case—(Read: "About 8.30 p.m. or 9 p.m. on February 19th I was in the Victoria Dock Tavern with Billy Peterson and Greeb, the prisoner. Bevans was there. I was with Greeb about 10 minutes. I had two glasses of ale with Greeb and Peterson. Something was said about a colt. Adam Greeb spoke to me about it. He said to Peterson, 'I know a man who will buy my colt.' Greeb called me a dirty something. I said, 'If you call me that again I will hit you.' He called me a dirty b—. I then struck him in the face with my closed fist: we exchanged several blows. This was inside the public-house. We then went into the street. Greeb went away. I then went back again. Nothing took place outside. About 10 minutes afterwards I was standing in the bar by the fire, when Greeb came in and said something which I forget, and plunged a knife into my side, and said, 'Take that.' I then struck out at him. I did not feel it then; as he pulled the knife out I saw it. It was a fishmonger's knife. Then he made a blow at my neck, and blood started running down my neck. He missed me once or twice with the knife. I closed with him and became exhausted; I let go, Greeb walked away. We had been friends for years; we had not had any quarrel. Greeb had had plenty to drink. I had had several glasses of ale during the day, but was not drunk. Robinson, a friend, called a carman with a van. I got in, and was brought to, the Poplar Hospital, where I am now. I am positive it was the prisoner who struck me."Cross-examined by MR. STERN. "I had not got a knife. I saw the knife as Greeb got close up to me; I was too late to get away, He might have said, 'What did you hit me for? I never did anything.' I had hardly time to speak before he cut me. Greeb had the knife in his hand; Greeb cut his hand himself. He had some blood on him. When he went out I did not run after him. I fell down outside. I was weak. Another man named Robinson was there").
The Prisoner, in his defence, on oath, said that the deceased knocked him down, and as he was going to get up he was going to hit him again, and he (the Prisoner) shoved him; that he then went out and stood on the, opposite side of the road, and then returned to ask the deceased why he had hit him; that the deceased said he would knock his eye out, and as he (the Prisoner) put his hand up to his face the knife went through his hand; that he did not go into the butcher's shop, that he did not throw anything away while he was in the road, that the deceased must have had the knife in his hand, and that he could not say how he came to be stabbed.
The prisoner received a good character.
GUILTY .— Seven Years' Penal Servitude.
Before Mr. Common Serjeant.
Before Mr. Justice Ridley.
Before Mr. Common Serjeant.
MR. PASMORE Prosecuted.
JOSEPH WILLIAMS . I am a shoeing smith in the Royal Artillery, Woolwich—on January 24th I was in the Fortune of War public-house, Woolwich, about 5 p.m.—I stood the prisoners a quart of beer—I took out my purse to pay—I had £8 10s. then—I stayed about five minutes, and came out by myself, and walked about the town—I went into the Anglesea public-house about 8 p.m., thinking of going off home between 8 and 9—coming out, I was attacked by the prisoners—Albert struck me first—he caught hold of my collar with his right hand and shoved me back—I had had a drop, but knew everything I know now—Albert knocked me down, and Edward came behind and stabbed me—Albert put his hand in my pocket and took my money out—I lay in the gutter—I tried to get up three times—I was taken to the Police-station, had two stitches put in my neck, and was taken to the hospital, where I was for a month.
CHARLES DRUITT . I am an engineer, of 148, Charlton Lane, Charlton—on January 24th I was in Brook Hill Road, Woolwich, about 9.30 p.m.—about 10 yards from the urinal I heard an argument between two men and a soldier—the soldier was drunk, or nearly so—the prisoner Albert said he would do something, I cannot say what; he had his arms raised and walked away—the prisoner Edward said he would do something, and knocked the prosecutor down, and he lay flat on his back in the gutter—Edward walked away and came back with his hands in his pockets, and as the soldier lay put his left hand to his collar, "fumbling about," and I thought he was punching him, or that he was going to lift him up—I went to see what cowardly thing it was, when Albert said, "Look out, somebody is watching"—I saw a civilian pick up the soldier—I walked behind, and heard Edward say to Albert, "I cannot do it like you can"—they went in the Marlborough public-house—I saw the prisoners' faces—I knew them in Woolwich for some years—I took it to be more than a quarrel, and went back, when the soldier was in the hands of the police—I picked the prisoners out on Friday at the Police-station.
Cross-examined by Albert. I was standing in the middle of the road.
SARAH CRISP . I am the wife of Henry Crisp, of 36, Brook Hill Road, Woolwich—on January 24th I was in that road about 9.30 p.m.—I saw the prisoner Edward strike the soldier, and fall on the top of him—Albert tried to pull Edward up—one went away, and the other stood in the middle of the road—the soldier was put on an ambulance, and taken to the station—I was called to the station 10 days afterwards.
Cross-examined by the Prisoner Edward. I said I believed you were the man—I am sure about Albert.
Cross-examined by Albert. I did not see you touch the soldier.
FRANK GEORGE HOWE . I am a plumber, of 15, Helen Street, Woolwich—on January 24th I was in Brook Hill Road—I saw two men and the soldier, the prosecutor—I can swear to the prisoner Albert—I picked him out at the station on the Thursday after—they were quarrelling with the soldier outside a urinal—he was knocked down, and I went over the road and helped to pick him up—after he was on the ground they seemed to do something to his throat—he looked as if he was stabbed—I saw the prosecutor taken on an ambulance to the station.
Cross-examined by the Prisoner Albert. You did not touch the soldier; you were going to touch him—you acknowledged being there at the station.
JAMES GIBSON (48R). On January 24th I saw the prosecutor lying on the ground in Brook Hill Road, bleeding from a wound in his neck—I tied a handkerchief round his neck, and sent for an ambulance—he was conveyed to the Police-station, and seen by the police-surgeon.
HENRY HOLFORD (Detective, R). I arrested the prisoner Edward on January 25th—when I told him what he would be charged with, he said, "I was not in Woolwich that night"—he became very violent—I had considerable trouble to get him to the station—on being searched, on Edward was found 9s. silver, 4d. bronze, a knife, and what appears to be an Army discharge paper—on Albert was found £4 in gold, 4s. 6d. silver, and 3d. bronze—they made no reply to the charge at the station—whilst Edward was being detained he said, "I have not seen my brother since 5 o'clock; he was not the man who stabbed him; I pulled the man off who stabbed the soldier."
CHARLES HIBSCH . I am Divisional Surgeon at Woolwich—on January 24th I was called to the station to see the prosecutor about 10.15—his pulse was weak—he was suffering from a wound half an inch wide on the left side of his neck, an inch below the angle of the jaw—the external jugular vein was penetrated, and if it had not been for the handkerchief, death might have ensued—I stopped the vein, and sent him to the hospital—the wound was very dangerous—he was in the hospital about a month, and is getting on very well—he lost a large amount of blood, and there was a question if he would recover—a blow from a knife or any sharp instrument might cause the wound.
In his defence Edward said that he bore a good character, and that he did not remember anything about it. Albert handed in a written statement to the effect that he had returned home from the Army Reserve of the 15th Company of Artillery, and had no reason to commit a robbery, as he had money.
GUILTY .—Edward then pleaded guilty to a conviction of felony at Woolwich on April 13th, 1891, in the name of Edward Long; and another conviction was proved against him. He was stated to have been discharged from the Army Reserve with a good character, but they were a terror to the neighbourhood. EDWARD— Three Years' Penal Servitude. ALBERT— Eighteen Months' Hard Labour.
The Constable Gibson was commended by the COURT for his conduct.
Before Mr. Common Serjeant.
MR. TUDOR Prosecuted.
GEORGE HENRY CLAPHAM . I am a jeweller, of 414, Brixton Road—on February 3rd the prisoner was shown about twenty watches, as he said he wished to purchase one—I was behind, and heard the conversation—I heard him say he would call again at 8 o'clock—my man said, "He has a watch in his pocket"—I said, "You are accused of having a watch in your pocket"—he said, "I have no watch"—I said, "Allow me," put my hand in and brought forth a watch—I said, "This is my watch"—I gave him in charge.
Cross-examined by the Prisoner. You were in a perfectly sane and sober condition—you walked over to the Police-court—you were a little bit dazed—you said you would make me pay for giving you in charge.
HENRY BURKE (351W). On February 3rd, about 5.15 p.m., I was called into Mr. Clapham's shop, who gave the prisoner into custody on the charge of stealing a gold watch—he said, "It is a mistake"—he was searched at the station—he gave a false name and address—I found on him this watch and invoice for £2 13s. 7d., and several other articles, all new, and some pawn-tickets—I have traced the articles to their owners.
Cross-examined. You were sober—I did not ask you if you were lame—I told you to be careful; you did not fall in the snow-drift.
GRENFELL FRAZIER . I am a jeweller, of 12, Edgware Road—the chain produced is mine—I missed two from stock—the prisoner was in my shop on February 3rd between 1 and 2 o'clock—he asked to see some watches and chains, and said a gentleman named Williams was going to present him with them, and would call for them—he selected a chain—I did not sell him the chain produced.
Cross-examined. You were perfectly cool and collected.
JOHN HENRY AHRENS . I am manager to Mr. "Wilson, jeweller, of 98, Edgware Road—this silver watch is his—I missed it on Saturday, February 3rd, between 2 and half-past, soon after the prisoner left the shop.
Cross-examined. You said you were to choose a present to you by Mr. Williams, who would call the following Thursday and pay for it—watches were shown you, and none suited you.
By the COURT. He did not take anything by my leave—the watch was not missed till we were going to put it back.
Prisoner's Defence: I had been walking about without food, and taking whisky, to which I am not accustomed, and have no recollection about it.
GUILTY .—He then pleaded guilty to a conviction in December, 1898, at Manchester, in the name of Harry Vincent.— Eighteen Months' Hard Labuor.
234. CHARLES CROFT (72) PLEADED GUILTY to feloniously possessing counterfeit coin, having been convicted at this Court of a like offence on April 6th, 1891. Four other convictions mere proved against him, all for the same kind of offence, and he had still three years to serve.—
Five Years' Penal Servitude. And
(235) PAUL ANSTIE (49) and ANNIE HALL (38) , to uttering an order for the payment of £10 6s., with intent to defraud. HALL also PLEADED GUILTY to uttering orders for the payment of £10 and £8, also to forging and uttering orders for the payment of £10 and £8 19s. 3 1/2d.; Anstie having been convicted at this Court on May 20th, 1895, and another conviction was proved against him. ANSTIE— [Pleaded Guilty: See original trial image.] Three Years' Penal Servitude. HALL— Discharged on Recognizances.
Before Mr. Justice Ridley.
MESSRS. AVORY and GUY STEPHENSON Prosecuted, and MR. PERCIVAL
No evidence was offered— NOT GUILTY
No evidence was offered.— NOT GUILTY
MESSRS. CHARLES MATHEWS and GUY STEPHENSON Prosecuted, and
MR. THOMPSON Defended.
JOHN EDWARD LUCAS . I am a horse-keeper, and between 6 and 6.10 p.m. on February 20th I was in York Road, Wandsworth—I saw a hansom cab being driven by the prisoner—there was a stationary tram, and in front of the tram I saw a little girl and a little boy crossing the road in front of the horses—I saw the little girl knocked down by the cab, which came along on the near side of the tram—that would not be the proper side, in my opinion—there was no traffic on the other side—he ought to have gone on the off side—he was going between seven and eight miles an hour, and the same way as the tram—I saw the off-side wheel of the cab knock the child down and pass over its chest; the boy was a little in front of the girl, and he escaped—I held my hand up and shouted to the prisoner to stop—he turned round and looked, and then went about three times as fast as he was going before—I gave chase to him, and then took his number—he was in a stooping position, leaning over the cab—I gave his number to a policeman, whom I took back to the spot where the child was run over—the policeman sent me for a cab; I went, and then saw the prisoner's cab, and caught hold of his horse, and gave him in charge of another policeman.
Cross-examined. My judgment was that the prisoner went three times as fast as he was going at first, when I shouted at him; that would be 24 miles an hour—it was dark then—I do not know that the prisoner suffers from an internal disease which prevents him from sitting—he had a fare in the cab at the time—he came back to the same road afterwards—it is very unusual for cabmen to go on the near side of a tram-car when
it is stationary—if there is traffic coming on the off side the vehicle must wait—I was standing just opposite to where the accident happened, on the near side—I do not think the driver of the cab could have seen the children till he had passed the car.
Re-examined. The whole road was clear, with the exception of the car and the children.
ROBERT LLOYD . I am a tram-driver, No. 22455—on February 20th I was driving my tram towards Wandsworth; I stopped to set down some passengers just before I reached Bridge End Road—I saw several little children standing on the off side of the road, waiting to cross, and seeing me stop, they ran across the road—at the same time a hansom cab came on the near side—the little boy let go of his sister's hand, and he cleared the cab, but the little girl ran into the off side wheel, which went over her, and the driver went on as if nothing had happened—he was going about eight miles an hour, leaning forward on his cab—he had not got his horse under proper control—his reins were slack—I did not see him stopped.
Cross-examined. I believe the driver could see the children, but I do not think the children could see the cab—I know that cabmen pass on the near side of the car when it stops—there was plenty of room to pass on either side of my car—there was no traffic at that time.
By the COURT. The child was run over about eight yards from my car—there were other children crossing at the time, but I cannot say the number—I saw the cabman just before the accident happened—I saw him leaning forward at the time of the accident—I did not see him much before that, because he came from behind the car—he was in a leaning position when he passed my horses.
WILLIAM HASKIN . I am a painter, living at 66, Wharton Place, Wandsworth—on February 20th, about 6 p.m., I was at the end of Bridge End Road, and saw two children crossing the road, holding each other's hands—when they got to the centre of the road the little boy let go the little girl's hand, and he got across to the other side leaving the girl alone—a hansom was coming, and I shouted to the cabman to pull up, but he did not seem to take any notice—he was about eight or nine yards from the girl, and was driving quickly—he was leaning over the top of the cab—the little girl ran into the cab, and was knocked down by the off side wheel—I do not think she touched the horse—I called again to the driver, but he only went on faster—I picked the girl up and took her to a doctor's opposite.
Cross-examined. As the girl was going across she could not stop herself, and she ran into the hind quarters of the horse, and the wheel knocked her down—the boy was older than the girl, and could run faster—they ran across to avoid the other traffic—I suppose there was other traffic, but I did not see any.
Re-examined. The child could not help herself; the cab was going too quickly—I do not think the cabman saw the children, but I think he could if he had been sitting on his box properly.
sister Lottie went out to buy something—we went into York Road—we began to cross the road—I saw a tram-car standing there, and we passed in front of it—when we started we were hand in hand, but when we got to the tram-car we let go and ran—I did not see a cab—when I got to the other side I turned round to look for my sister—she was lying in the road—I did not see a cab then—she was taken to a doctor's—it took me a very short time to get from the point where I left my sister to the pavement.
Cross-examined. It was not very light—I looked round while I was running with my sister—she was five years and five months old.
WALTER WELTON (110V). On February 20th, about 6.20, I was on duty just beyond the railway station—I saw a tram-car and also a cab being driven very fast—I shouted to him to stop, but he only drove away faster—I ran after the cab—a short time after I saw Lucas, who made a statement to me—I took the number of the cab—I was soon afterwards called to a cab bearing the number which I had taken—that was about 130 yards from where the accident took place, and about 8 or 10 minutes after I first saw it—nobody was in it; the driver was on the box—Lucas was there—I told the driver to get down—I noticed he was staggery—when I asked him where he got his fare from he made no reply—he did not seem to recollect anything—I asked him where he was going wich the fare; he said to High Street, Wandsworth—he smelt strongly of drink—Police-constable Turpin came up and took him to the station—the cab-horse was very hot, and sweating immensely—I asked the prisoner if he knew anything about the accident which had occurred down the road; he said, "I did not know anything about it until a few minutes ago."
Cross-examined. It was after the accident that I shouted at him, and when I saw him the second time he was coming back.
RICHARD TURPIN (420V). On the evening of February 20th I came up to the spot where Welton was talking to the prisoner—I took the prisoner into custody—he was drunk—he staggered, and smelt of drink, and his speech was thick—I took him to the station—he said he did not know if he had knocked anybody down—he denied being drunk, and a doctor was sent for.
Cross-examined. The station is nearly a mile from the spot—it was about an hour after I first saw him that the doctor came—his horse was rather a spirited animal.
CHARLES COLDON (Police Inspector). On February 20th Turpin brought the prisoner into the station at Wandsworth, about 6.30—he was charged with being drunk, and recklessly driving a hansom cab—something was said about a child being run over—the prisoner was drunk—he made no reply—when I read the charge over to him he said he did not remember running over anybody—there were other cabs in the road at the time—he asked if he could see a doctor, and I sent for one—he could not stand upright in the dock, and had to have the assistance of the rails of the dock—about an hour and a half afterwards I heard that the child was dead, and I charged the prisoner with manslaughter—I saw the horse; it was very restive in the station yard, and it took two men to hold it—I should say it had been driven rapidly, from its state.
Cross-examined. I should not say he was in a beastly state of intoxication.
SPENCER ROE . I am a registered medical practitioner and acting divisional surgeon of police—I was called to the station about 7 p.m. on February 20th, where I saw the prisoner—my opinion was that he was then the worse for drink—his state was not one in which he ought to have had charge of a vehicle in the streets.
Cross-examined. He was unsteady at 7 o'clock.
CECIL LESTER . I am medical superintendent at Bolingbroke Hospital, Wandsworth Common—the deceased was brought in about 6.40 p.m. on February 20th—I heard that she had been run over—she only lived for 15 minutes—I made a postmortem examination—there were no external marks, but I found that the liver had been lacerated, and also one of the kidneys—the cause of death was shock and hamorrhage, due to ruptured liver and kidney—being knocked down by a rapidly driven vehicle and run over by the wheel would account for the injuries.
JACK CRUMP . I am a smith's hammerman, and am the deceased's father—on February 20th she and her brother went out to buy something—I afterwards went to the hospital and saw her dead body—she was aged 5 years 5 months; the boy is 11 years old.
The Prisoner, in his defence, on oath, said that he did not see the child, and did not know he ran over her; that he was not drunk, that he did not hear anybody call out to him to stop, and that the reason he was leaning over the top of his cab was, that he had an internal complaint which prevented his sometimes sitting down.
DR. ROE (Re-examined). I asked the prisoner if he was suffering from anything, and he said from piles—I did not examine him—I have no doubt that he was the worse for drink.
The prisoner received a good character.
GUILTY of culpable negligence. Strongly recommended to mercy by the JURY.— One Month in the Second Division.
MR. HUTTON Prosecuted.
GUILTY of the attempt.—Five Years' Penal Servitude.
241. CHARLES TAPLIN (41) , Feloniously counterfeiting certain writing, with intent to defraud, and MARK CAMPANA (36) , Uttering the same writing, with a like intent. Second Count, Unlawfully conspiring to cheat and defraud the London and South Western Bank, Limited.
MESSRS. AVORY and BIRON Prosecuted, and MR. DRUMMOND Defended
ROBERT APPLEYARD . I am a solicitor, of 306, High Holborn—in May last I had a business at 9, Newington Causeway, where Taplin was in my employ—he had no authority to sign my name—after he had been in my employ for some time I found that he had been signing my name, and I cautioned him—this letter (A) is not in my writing, and I do not know anything about Mr. George Harper—nobody had the slightest right to write that letter—I should say it is in Taplin's writing—I have never had a client named George Harper—I only know Campana by his
coming to my office—Taplin referred to him as Campana—when he called it was simply to see Taplin and not me—he called a number of times—sometimes he would be with him for a long time, and sometimes not—they were on friendly terms, to the best of my knowledge—Taplin left my service in July, when I gave up my office at Newington, and in October last this matter was brought to my notice by the police.
Cross-examined by MR. DRUMMOND. Taplin got no set salary; I paid him for his services as the business came in—I paid the rent—I gave Taplin the money to pay it with; the receipts were made out to him, but not with my consent—I was not aware that there were any receipts; we paid weekly rents—he did not constantly sign letters in my name to my knowledge; he signed formal letters—I have no letter-book; letters were drafted either by myself or by Taplin—I had not a large business then—if Taplin had asked me to give him a letter of introduction to a bank I should not have done so.
Cross-examined by Taplin. I took the office—these are receipts (Produced)for a portion of the rent of the office—I received an acknowledgement of a letter from the bank on a postcard—I asked you what it meant, and you said, "Oh, I will attend to that"—you did not explain the purport of it—I gave you the postcard—I have not on many occasions been in Campana's company with yourself, only a few times—in October you regretted to me having written the letter of May 16th.
Re-examined. Taplin expressed regret for having written the letter, that was after the police had seen me, he said, "I am very sorry I did not put per pro. to it"—I said if he had done that I should not think any bank would have accepted reference—the letter says, "The bearer, Mr. George Harper, is a client of mine"—he was not a client of mine, nor is Campana.
WILLIAM GUNSTON . I am a cashier in the London and South-Western Bank, Walworth Branch—on May 26th this letter was handed to me by a man, whom I believe to be Campana—he went under the name of George Henry Harper, and described himself as a butter merchant, of 138, Newington Causeway—he afterwards signed his name in the signature book as George Harper—I believed the statement in the letter that George Harper was a butter merchant, and that Mr. Appleyard was a solicitor; and, therefore, a person to speak to his character—I should not have opened the account unless I had had a letter—the account was opened for £50—a cheque-book was given him, containing 50 cheques—I sent an acknowledgment of the letter to Mr. Appleyard—I did not see Campana again till I saw him at the Police-court—I produce a certified copy of his banking account, which shows that it was opened with £50 on May 26th; that a cheque-book was issued for 4s. 2d.; that on May 29th, a cheque was drawn out for £43 10s.—on the same day there was a cheque for 3 guineas, and on June 2nd one for £2—as far as I can judge, all the cheques are in the same writing as the writing in the signature-book—then there are charges amounting to 2s. 6d., which left a balance on June 2nd of £10s. 4d.—after that date 17 cheques were presented, and four of them were presented more than once—most of them were drawn in the name of George Harper, one in the name of Greig, and another in the name of F. R. Redfern & Co., all out of the
same book—one was for £50 on July 1st, 1899; on July 10th one for £45, and, roughly speaking, the amount of the cheques which were drawn was £150—one on June 15th, and another on June 23rd, are drawn payable to Campana himself, both for £15.
Cross-examined by MR. DRUMMOND. Mr. Appleyard had no account with us—the reference appeared to be genuine; it was written on paper with a printed heading; as a rule, when a reference is given we write to the person—the cheques signed Redfern, and Greig, were returned, marked "No account."
Cross-examined by Taplin. I never saw you, to my knowledge, until I saw you at Lambeth.
ALFRED STAR . I am a tobacconist, of 138, Newington Causeway—nobody named Harper lived at my place in May—I allowed letters to be addressed there, and I took letters in in the name of Harper—my niece saw the person who came to arrange for them—I know Taplin by sight, but not Campana—the letters which came in the name of Harper were never called for.
Cross-examined by Taplin. I know you by seeing you about.
MR. BIRON requested that he might at this point show that Campana was not a respectable man. He did not suggest that Taplin knew that the reference was an improper one, but if he did know it, then he was entitled to give the evidence. MR. DRUMMOND submitted that the evidence was not admissible, because the point was that Taplin had uttered the letter, knowing it to be forged, with intent to defraud, and that the fact that it showed that Campana was of good character would not justify the Prosecution in giving evidence. MR. JUSTICE RIDLEY ruled that the evidence was admissible.
WILLIAM GEORGE JOSEPH DACOSTA (Policeman, West Riding Constabuylary). I was present when Campana was convicted at Leeds Assizes on December 3rd, 1898, in the name of Steel for obtaining goods and money, value £15, by issuing worthless cheques on the London Trading Bank—a man named Hicks was charged with him, and I have learned since that Hicks is Campana's brother—Campana was sentenced to three months' hard labour.
WILLIAM JAMES CARTER . I am a confectioner, of 565, Fulham Road—a Mrs. Lock lives there, who lets furnished apartments—on April 20th two men and a lady came and engaged apartments—one gave the name of Johnson, and the other Campana—the prisoner is the man—they stayed there about three weeks; when they left they owed money for rent—about May 10th Taplin came with the man Johnson—I do not know who he is—this is a photo of him—they took the things they had left, and paid the rent, between £7 and £8—Taplin was supposed to be Johnson's solicitor—Johnson paid the money—nothing was said about Campana, but Taplin said that he had known Johnson for some years, and he was a client of his.
CHARLES RICHARDS (Detective Inspector). On February 6th I arrested Taplin in Camberwell Station Road—he said, "Good morning, Richards"; I said, "Good morning, Taplin; I am going to arrest you on a warrant for forgery"—he said, "What, is it Appleyard's affair?"—I said, "Yes, writing a letter in the name of George Harper to open an account in the
London and South-Western Bank"—he said, "Oh, yes; I have heard about it. I cannot deny writing the letter. I used to write Mr. Appleyard's letters, and Campana told me he was going to trade as George Harper"—I arrested Campana on February 16th—I saw him in Bermondsey—I was with Sergeant Willis—the prisoner was with another man—I said, "What are your names?"—the prisoner replied, "My name is Mitchell"—I said, "I have reason to think your name is Campana"—he replied, "I have never heard the name Campana before in my life"—I said, "Where do you live?"—he replied, "Peckham"—I asked, "Where in Peckham?"—he made no reply—I said, "If you don't know where in Peckham, I shall take you to the station on suspicion of being Mark Campana"—he said, "Very well, then; I am Mark Campana"—I said, "I arrest you on several warrants for forgery"—I took him to the station; he made no reply when the warrants were read to him, but afterwards he said, "I make absolutely no answer to the charges at present"—this is a photograph of Campana's brother.
WILLIAM GUNSTON (Re-examined). This is the signature-book of the bank (Produced)—Campana wrote his business address as "138, Newington Causeway, butter merchant. Introduction or reference, Mr. Appleyard, solicitor, 9, Newington Causeway, and formerly banking at the Ulster Bank, Dublin."
Campana's Statement before the Magistrate: "When Taplin got me the letter I told him I wanted to trade in the name of Harper, my own name, Campana, being somewhat peculiar. He gave me the letter in the full belief that I intended to trade in the name of Harper, and he had no inducement or promise from me to give me that letter; he gave it to me under the belief that that was my intention, and in good faith."
Taplin, in his defence, on oath, said that he gave Campana the letter in good faith, without the slightest consideration from him, and with no ulterior motive, thinking he was going to start business as a butter merchant; that he expressed his regret for not having put "per pro" on the letter, and for having said that Harper was a client of Mr. Appleyard's, which was a lie.
TAPLIN— NOT GUILTY . CAMPANA— GUILTY of uttering . The JURY were of opinion that the bank allowed the account to be opened in a very loose manner. MR. DRUMMOND submitted that Campana could not he guilty of uttering the letter, knowing it to be forged, as it was not forged. Taplin having been acquitted,MR. AVORY submitted that if a person utters an instrument, knowing it to be forged, he is bound to infer the intent to defraud (see "Reg. v. Hill," Archbold,689). MR. JUSTICE RIDLEY considered that the verdict was not inconsistent.
MR. AVORY Prosecuted, and MR. DRUMMOND Defended.
Mark Campana—on February 7th I received this letter; it is dated January 6th, from Newcastle-on-Tyne, but I did not get it till February 7th; it is signed "Oscar Mitchell"—(This stated that a client of the writer's had an important contract in London, and wanted the writer to find him a responsible ladder-maker, and he would introduce his client to the prosecutor if he would agree to pay him 2 1/2 per cent. commission on all orders, which would amount to over £130,000, and asking him to direct his letter to him at the Post Restante, Charing Cross)—I instructed one of my clerks to send a reply—this is the letter, and it is written on one of my own forms—(This stated that Mr. Stevens was quite willing to allow Mitchell 2 1/2 per cent. on all orders procured from the introduction, signed "J. C. Stevens, W. Tarry")—that was signed by my clerk, and not by myself—I received this letter afterwards from Mitchell—(This stated that the writer would be pleased to come and see the prosecutor; that the letter about his commission must be signed by the principal of the firm or his procurator, so as to protect the writer's interests)—I thereupon sent a document signed by myself on February 8th—I gave my letter to the man who brought the letter to me—I bank at the London and South-Western Bank, Bermondsey branch—this order for a cheque-book purports to be signed by me—I did not sign it, or authorise anybody else to do so—it is something like my signature—it is on a printed form—it is like my forms, but ours are ruled—this has my name and address on it—I do not know anything about this cheque for £45, dated February 14th, "pay to J. H. Myhers or order"—it is not signed by me—I did not authorise anybody to sign it—I do not know anything about a cheque for £220, or for £55, which was drawn and presented to my account on February 14th.
ALFRED MANNERING . I am a cashier at the London and South-western Bank, Bermondsey branch—Mr. Louis H. Stevens has an account there—on February 13th an order for a cheque-book was presented to me over the counter, purporting to be signed by Louis H. Stevens—I believed it to be his signature, and I handed out a cheque-book, containing cheques numbered C 985151 to 985250—on February 14th a cheque for £55 was presented, drawn on Mr. Stevens' account, purporting to be signed by him—I recognise the prisoner as presenting it—I returned the cheque, as there were not sufficient funds to meet it—I cannot say who the person was who presented the order for the cheque-book.
Cross-examined. The cheque for £55 was presented about 2 p.m.—I was not very busy then—I identified the prisoner at Lambeth Police-court from among other persons—I feel pretty well convinced that he is the man—I had never seen him before he presented the cheque.
Re-examined. I picked him out 13 days after the occurrence.
ARTHUR CROUCH . I am a cashier at the Bermondsey Branch of the London and South-Western Bank—on February 14th, about 12.30, a cheque for £220 was presented to me over the counter, purporting to be signed by Mr. Stevens—to the best of my knowledge and belief, it was the prisoner who presented it—I returned it, because there was not sufficient on the account—on the following day this cheque for £45(Produced)was
presented by the same person who presented the first—I cashed that, £40 in notes and £5 in gold and silver.
Cross-examined. I would not swear that it was the prisoner—I had never seen him before, so far as I am aware—the cheque for £220 on the 14th was presented at the busy time of day—the one for £45 was the first one I paid in the day; it was about 10 a.m.—I did not hand the cheque for £220 back to him; the manager did it.
Re-examined. I passed it on to the manager to see if he would authorise the cashing of it—I did not know if any arrangement had been made.
WILLIAM GUNSTON . I am a cashier at the Walworth Branch of the London and South-Western Bank—last May an account was opened in the name of George Henry Harper, of 138, Newington Causeway—the man who opened it signed the signature-book—£50 was paid in, which was drawn out in a few days, after which numerous cheques were presented, all of which were returned to the persons who presented them—I believe the prisoner is the man who opened the account.
ALEXANDER ANDERSON . I am chief inspector of the London and South-western Bank, and have had a large experience in the comparison of handwriting—I say that the writing of the signature, "Geo. Hy. Harper," the documents which are signed "Oscar Mitchell," and the order for the cheque-book, purporting to be signed by Louis H. Stevens, are all in the same handwriting, to the best of my knowledge and judgment.
Cross-examined. One of my particular duties is to attend to cases of this sort—I have been chief inspector about seven years, but I have been an inspector about 14—I would rather say that I am a judge of handwriting than an expert. (The witness then compared the different documents, and called attention to the peculiar "y's," which were the same all through the writings.)
CHARLES RICHARDS (Inspector). I arrested prisoner on February 16th; he was with another man—Sergeant Willis was with me—I said, "We are police officers; what are your names?"—the prisoner replied, "My name is Mitchell"—I said, "I have reason to think your name is Campana"—he replied, "I have never heard the name Campana before in my life"—I said, "Where do you live?"—he replied, "Peckham"—I said, "Where in Peckham?"—he made no reply—I said, "If you don't know where you live in Peckham I shall take you to the station on suspicion of being Mark Campana"—he said, "Very well, then; I am Mark Campana"—I said, "I arrest you on several warrants for forgery"—at the station he at first made no reply when the warrants were read to him, but later he said, "I make absolutely no answer to the charges at present—on February 27th I further charged him with the forgery of the cheque for £45 and the order for the cheque-book—he made no answer.
GUILTY .— Ten Years' Penal Servitude; one day's imprisonment on the first indictment.
243. GUSTAVO FRANCI (18), ERNEST REUTER (19), and FREDERICK BRAUN (20) , Feloniously shooting at George Harrington, with intent to murder him. Second Count, To do him grievous bodily harm.Third Count, To resist their lawful apprehension. FRANCI PLEADED GUILTY to the Third Count.
the evidence was interpreted for the prisoners.
SARAH ANN SMITH . I am cook to Mr. John Davis Gregory, who lives at Ingleborough, College Road, Dulwich—on Friday night, February 2nd, I went to bed about 11.30—the house was securely locked up—about 4.15 a.m. my master called me up; I went downstairs—Mr. Gregory rung the bell, and the police came—I found a kitchen window open, and a bar taken out from the inside—the kitchen was in great disorder—a quantity of wine and food had been eaten in the kitchen—this purse(Produced) is mine—I missed it on this evening from a drawer—there was about 12s. in it—this flute and this revolver (Produced) belong to Mr. Gregory—I missed them—these two cigar-holders also belonged to him.
GEORGE HARRINGTON (393 P). On the early morning of February 3rd information came to the station that a burglary had been committed in the neighbourhood, in consequence of which I went with other officers, among whom was Police-constable Parker, in the direction where we had heard that the burglary had been committed—snow had fallen in the morning, and we were able to follow the steps of three persons—we went up to and through a gate leading to a house, called Kingswood, which is not far from Ingleborough—it was at 5.20 a.m. when we began to follow the footsteps—on going through the gate I was accompanied only by Parker—it was dark, but the snow made it lighter than it would have been—it was about 5.30 when we went through the gate—in the grounds I saw three persons close together—Franci and Braun were walking abreast, and Reuter a little behind—they were coming from Kingswood House, about 15 yards from us—they had the same opportunity of seeing us as we had of seeing them—there was nothing between us, and I believe they saw us—we were in uniform—they stopped, and Franci and Braun opened out, and Reuter walked behind them—they then stood in line, with about a yard between each of them—then each of them put up a revolver and fired at us—I saw the revolvers in their hands—I saw the flashes, and heard the reports—I am certain that each of them fired—I heard the whistle of the bullets past my head—Parker and I rushed towards the prisoners—Braun and Reuter decamped—Franci ran towards us, still carrying his revolver in his hand—he fired two more shots at me, and the last one hit me in the thigh—I called out to Parker, and Franci ran away, pursued by Parker, after which I heard one more shot—I was wearing an overcoat, which reached below my knees—it was very wet—under my trousers I was wearing pants, and the bullet went through them all, but did not penetrate the skin—this is the hole in the coat—I was in pain after I was shot; it took the use of my leg away—it did not knock me down, but I was dazed, and could not see for a minute—I could not go to Parker's assistance for about two minutes, after which I went after Parker—when I got up to him he had Franci in custody—Parker handed me this revolver (Produced), which was taken from Franci, whom we took to the station—I was seen by the Divisional Surgeon of Police—I have not been able to resume duty yet.
of February 3rd, and saw the three men in the grounds of Kingswood House—I saw the two prisoners and Franci—we got to within about 15 yards of them, when I saw a revolver in each man's hand, which they presented and fired at us—I am certain that each of them fired, after which Reuter and Braun ran away—Franci advanced towards us—as he approached Harrington he fired his revolver, who called out, "Look out, I am shot in the leg"—Franci ran away, and I ran after him—whilst he was running away he turned round and fired at me twice—my helmet was hit by the first shot—I cannot swear that there were two shots, but I am certain that there was one—it hit the plate on my helmet, and knocked it on to the back of my head, where it was held by the strap—I did not put it in its place till after I had knocked Franci down with my truncheon—then I took the revolver from him, and handed it to Sergeant Gale—Franci was taken to the station—this is the helmet I was wearing (Produced).
Cross-examined by Reuter. I am sure you fired.
WILLIAM READ (38P R). About 6 a.m. on February 3rd I met Franci in Harrington's custody, and from what he told me I went back to Kingswood House, where I saw stains of blood on the snow and marks as of a struggle having taken place—I noticed the footsteps of two people going away from the place, and followed them across a road and through a number of gardens, and eventually I came to the gardens of Grovehurst House, where I saw the two prisoners—Police-constable Easter was with me—I saw a revolver in each of the prisoners' right hand—they jumped the fence, and, after going some little distance, I came up with Braun, and sprang on him, and Reuter ran away—he stopped when he was about 10ft. or 12ft. away, and pointed a revolver at me and Braun—we were then on the ground—I blew my whistle, and Easter came to my assistance—he went after Reuter—I took the revolver away from Braun, and with assistance I took him to the station—he said, "It was not me who shot the policeman; it was my mate who shot him"—when he was charged at the station with shooting he said, "No, no shoot; no shoot"—this is the revolver I took from him—it was loaded in all six chambers with ball.
HARRY EASTER (592P). I was with Read when he was following Reuter and Braun—when he seized Braun I went after Reuter, and came up with him in the garden of Dundera House—as I came up to him he pointed a revolver at me—I ran at him and said, "Put it down, or I will knock you down"—I had my truncheon in my hand—P.C. Dyer came to my assistance, and Reuter was taken to the station—I pointed out the place to Dyer, where Reuter had thrown the revolver down—he went and looked for it, and brought it back—I do not think I should know it if I saw it.
FREDERICK DYER (38 P). On the early morning of Saturday, February 3rd, I heard a police whistle, and went and helped Easter, and after having helped to take Reuter to the station, I went back to a place which Easter told me of, where I found two revolvers and a pipe—this is one of the revolvers (Produced)—it was fully loaded; the other was not loaded at all (the stolen one)—I found two ball cartridges on the ground which fitted the revolver—Smith identified the pipe.
THOMAS GALE (76 P). I was at the station on the early morning of February 3rd, when Franci was in custody—Parker handed me a revolver, which was taken from Franci—I examined it, and found it to be a sixchambered revolver; four chambers were loaded, one was empty, and one had an empty cartridge case in it—about 8 a.m the two prisoners were brought in, and Police-constable Read handed me this revolver (Produced) as having been taken from Braun; it is a six-chambered revolver, and was fully loaded—I saw Braun searched; six cartridges were found on him—I received a third revolver from Dyer, who found it at the spot where it was thrown away by Reuter—it was fully loaded in six chambers—I saw him searched; 12 ball cartridges were found on him, and two loose cartridges were found by Dyer when he found the revolver—the revolver was jammed, and I could not unload it till I had eased the screw at the side—after it was unloaded there were distinct signs of blue smoke on the inside of the barrel—you could not work the revolver at all—I found on both the revolvers taken from Braun and Reuter indications that they had been recently fired—the blue smoke was quite fresh—the cartridges found on the prisoners were all of exactly the same size and pattern as those found in the three revolvers—no cartridges were found on Franci—the revolver, which was jammed, had apparently been loaded in a hurry, and the cartridge was not pushed home, and so got jammed—when it was pushed home it worked quite well.
WALTER ROSE . I am assistant to Mr. Samuel Julius, a hairdresser and general dealer, of 40, Cable Street, Whitechapel—Reuter came about two months ago, and had a shave, and asked the price of a revolver—I showed him one, and he bought it for 4s. 6d.—he and Braun came the next day, and bought another revolver, for which they paid 6s.—these are the revolvers (Produced)—I do not know Franci—I did not sell any cartridges.
ANDREW MCLASHLAN . I am a medical practitioner and divisional surgeon of police at West Dulwich—about 6.45 on February 3rd I saw Harrington at Dulwich Station—I saw a hole in his trousers—I looked at the inner side of his left thigh, where I found evidence of a rather severe contusion—it might have been caused by a bullet fired from one of these revolvers—the bullet had not penetrated the flesh—the sergeant, in my opinion, was suffering from shock and pain, and I ordered him to bed, where he stayed for 12 days—he has not resumed duty yet.
Reuter, in his defence, on oath, said that he did not shoot at all; that he would Plead Guilty to everything hut the shooting, and that he did not point the revolver at the policemen.
Braun, in his defence, on oath, said that he did not shoot or point his revolver.
Evidence for the Defence.
GUSTAVE FRANCI (The prisoner). I heard Reuter say, "There are two policemen," as they came out from near the house, but as I was drunk I did not notice them myself, and we ran away—when I found that we were being pursued I fired my revolver—if I hit the policeman it was a mistake, as I did not aim at him, and I had no intention to wound
anyone—neither of the others shot—I fired when the policemen first appeared, but afterwards I was quite alone, and do not know what the others did.
Cross-examined. I arrived here on January 22nd from the Argentine—I did not know anyone in London, but I became acquainted with two Germans, who took me to a German hotel, and they gave me my revolver, and the cartridges were in it—I became acquainted with Braun and Reuter through the other two Germans—this night was the first time I took my revolver out with me—the Germans told me that if we were pursued I had only to fire off ray revolver, and the people would then desist from pursuing us.
GUILTY of shooting, with intent to do grievous bodily harm and to avoid lawful arrest.
244. ERNEST REUTER and FREDERICK BRAUN then PLEADED GUILTY to a burglary in the house of John Lawson Thompson, and stealing numerous articles of jewellery, and other goods. GUSTAVO FRANCI (18), REUTER and BRAUN also PLEADED GUILTY to a burglary in the dwelling-house of John David Gregory, and stealing his goods; also to a burglary in the dwelling-house of Evan Spicer, and stealing his goods and money; FRANCI also to shooting at George Parker, with intent to resist his lawful apprehension.
MR. CHARLES MATHEWS and MR. GUY STEPHENSON Prosecuted; MR. HUGHES appeared for Musheat, and MR. WARBURTON for Shapiloff. No evidence was offered against FRANCI.
NOT GUILTY .
ELDRED GARDINER . I am footman to Mr. John Lawson Johnston, of Kingswood House, South Dulwich—on the night of January 20th I went to bed about 12.30, leaving everything properly secured—next morning at 8.30, on going down, I found that somebody had got into the house—the plate chest, which was in the dining-room, had been forced, and the silver extracted—I missed 10 bon-bon dishes, 29 spoons, three dozen dessert forks, two coats, a cap, and a silk handkerchief—when I next saw the coats Reuter was wearing one and Braun the other.
SIDNEY RAND (Detective). On February 3rd I was present at the Police-station when Braun and Reuter were charged with this burglary—I had received from the prosecutor's secretary a list of the things missing from the house, which I handed to Inspector Brown.
FREDERICK BROWN (Police Sergeant). From instructions I received on February 14th I went with Sergeant Gill and Police-constable Rand to 14, Little Alley Street, Whitechapel, a private house, to see Musheat, who carries on the business of a tailor in the lower part of the house—I had to wait some time—on his arrival I said, "We are police officers, and are making inquiries respecting a quantity of silver plate stolen on January 21st; I have obtained information that two young
Germans named Braun and Reuter left the property with you at this house last Sunday fortnight at 10 a.m., and you gave £4 for it"—he said, "I know nothing about it"—I said, "I will read you a list of the property they left"—I then described the property they left, and read a list to him—he said, "I will tell you the truth; the two men you just mentioned came here last Sunday fortnight with all the silver you described; I told them I was a tailor, and did not know how much it was worth; they said, 'How much will you give for it? We must get rid of it'; I said, 'I will take it to a man I know'; I then took it to Lazarus, at Old Montague Street; he examined the stuff, and said, 'I will give you £15 for the lot, but do not say anything to anybody'; Lazarus then put it under the bed"—I left Musheat in the charge of Sergeant Gill and Police-constable Rand, while I went with Sergeant Wensley to 30, Old Montague Street, where I found a jeweller's shop was being carried on, with the name of Shapiloff outside it—it was rather a small repairing shop, with some ordinary common watches in the window; no silver or anything of that kind—I went in and found Shapiloff—I said, "We are police-officers, and are making inquiries respecting a quantity of silver plate stolen on January 21st"—I read a list of the property to him, and then said, "We have been informed that you purchased the property from a man mamed Musheat on January 21st"—he said, "I do not know whether I did or not,but if you bring the man to me I may tell you"—I despatched an officer to bring Musheat, and when he came Shapiloff said, pointing to Musheat, "Yes, I know him, and have had two or three deals with him"—Musheat said, "Yes, of course, you have; you gave me £15 for the knives, forks, spoons, and other things in this very kitchen last Sunday fortnight"—Musheat was then taken upstairs, and Shapiloff said to me, "What are you going to do with me? I bought the things and sold them again, but I cannot tell you whom I sold them to. I did not know they were stolen"—Shapiloff was then taken upstairs to where Musheat was, and I told them they would be charged with feloniously receiving the property—Shapiloff said, "I will not go; you must get a warrant"—he resisted very violently—Musheat went quite quietly, and said nothing then—they were taken to Peckham Police-station and charged—they made no reply—on the morning of February 17th Reuter and Braun were brought to the Police-court, and into the prisoners' waiting-room, where Musheat was—he called me on one side, and, pointing to Braun and Reuter, said, "Those are the two men who brought me the property"—I did not ask him the question; it was a voluntary statement on his part—Shapiloff said I might search his premises, which I did, but found nothing—both the prisoners speak English without any difficulty.
Cross-examined by MR. HUGHES. I made a note of the conversation immediately I got to the station, about 9.30—the words I took down are what were used, or words to that effect—Musheat was quite willing to give me every information—he did not say, "I took 'them' to a man in Old Montague Street"; he said "it"—I do not know of anything against Musheat's character, but it is very difficult to explain the last 12 months of his life—he appeared to want the truth to come out.
Cross-examined by MR. WARBURTON. Musheat's place is about 300
yards from Shapiloff's house—Shapiloff did not deny that he had any of the stolen property—a man named Hershman was present at the interview at Shapiloft's house—a man named Solomon Leberman was there; he could have heard a portion of the conversation which took place—I gave Shapiloff a description of the crest on the plate.
Re-examined. Musheat said at first that he did not know anything about the goods—the things were stolen about five or six miles from Musheat's place.
Cross-examined by MR. HUGHES. I made a note of the conversation about 11 o'clock—I knew that Brown had made a note; he made it at the same time—I should not think it would have been as early as 9.30—my note is: "Brown said to Musheat,'We are police-officers, and are making inquiries respecting a quantity of silver plate stolen on January 21st; we have been told that two young Germans left the property with you last Sunday fortnight, and you gave £4 for it.' Musheat said, 'I know nothing about it.' Brown said, 'Very well, I will read you a list.' He read the list, and Musheat said, 'I will tell you the truth. The young men came here last Sunday fortnight with some silver plate, and said, "How much will you give us for it?" I took the stuff to a Jew named Lazarus, who said, "I will give you £15 for the lot, but do not say anything about it.'"
By the COURT. Musheat did not say that he had not had the goods in his possession.
JOHN GILL (Sergeant, H), I went with Sergeant Brown to Musheat's house—the other officers went to Old Montague Street, and while they were away Musheat said, "I sold the stuff to Lazarus for £15, but I did not have the money; he sent the landsman out to get it"—Musheat was fetched by Wensley—we went to Shapiloffs—whilst Shapiloffs premises were being searched he said, "What does all this mean? I bought the stuff, and sold it again; it is no use them looking here for it. What will they do with me?"—I told him I expected he would be taken to Peckham—he replied, "Well, the stuff is gone, and you cannot get it back; you cannot do much to me; you cannot prove that I knew it was stolen."
Cross-examined by MR. HUGHES. No other officer was present when he said that.
FREDERICK FOX (Inspector, P). On the early morning of February 11th I found the two prisoners detained at the station—I said, "You will be charged with feloniously receiving from two burglars, named Reuter and Braun, on Sunday, January 21st, silver plate to the value of £150, stolen on that morning from Kingswood House, Norwood. I understand a list of the property has been read over to you." Musheat said, "Yes, that is true; I had the property, and I sold it the same morning to Shapiloff for £15"—Shapiloff answered, "Yes, that is so, and it is where you cannot get it again."
Cross-examined by Mr. Hughes. I was not at the station when the prisoners arrived—I had a conversation with Brown and the others before I charged them.
SIDNEY RANDS (Policeman). I heard the replies of the prisoners to Inspector Fox—Musheat said, "I took it to Shapiloff, who gave me £15 for it"—Shapiloff said, "Yes; it is where you cannot get it again."
WILLIAM JOHN WHITE . I am private secretary to Mr. John Lawson Johnston—I made a list of the property lost in the robbery—I put the value at £164, and I took 5 per cent, off—the minimum is £150, which is a very low estimate.
Musheat, in his defence, on oath, said that Reuter and Braun came to him, and he took them to Shapiloff, but did not go in, but told him he could buy the stuff if he liked, and he then went away, leaving the men in the house, and that he did not know any more about the deal; that the same night he asked Shapiloff if he had bought the stuff; that Shapiloff said he had done so for £15; and that he (Musheat) said, "Where is my commission?" and that Shapiloff said, "You must wait till I sell it; then I will give you something."
Shapiloff, in his defence, said that he had never had the property in his possession; that he never saw the stuff; that he always went to work to a Mr. Lewis Cooperstein's on Sunday mornings; and that it was untrue that Musheat had brought two men to his place with the stolen property.
Witnesses for Shapiloff.
—HERSHMAN. I am a licensed victualler, of Old Montague Street, Whitechapel—on the day that Shapiloff was arrested I was sent for—he said, "I have got into trouble"—I said, "What is it?"—he said, "I am accused of buying some stolen property"—I said, "Did you buy it?" he said, "No"—a policeman was there—then three more came in with another man, but I could not recognise him, and I went home—I said to the policeman, "He understands English very little"—he said, "He will soon know; we will bring in the other man"—I have known Shapiloff for seven years—he has always borne a good character.
SOLOMON LEBERMAN . I live at 70, Hanbury Street, Brick Lane, and am assistant to Shapiloff—on February 10th, about 8 p.m., I was sitting at my work in the shop, when two detectives came in and asked for the governor—they asked him if he knew a man from little Alley Street—he said he did not—then the officer said, "Did you buy silver plate from the man?"—he answered, "I do not know this man, and I did not buy from him"—they searched the house—I was sent for Mr. Hershman, who asked the prisoner in Yiddish, "Did you buy the silver?" and he answered, "No; I do not know anything about it."
Cross-examined. He did not say, "I do not know whether I bought the property or not; but if you bring the man to me I will tell you"—he said he did not know Musheat.
Cross-examined. He never sends his assistant—I cannot say whether Shapiloff was with me on January 21st, but he comes every Sunday.
GUILTY .— Musheat was recommended to mercy by the JURY . FRANCI, REUTER, and BRAUN— Eight Years' Penal Servitude each.
MUSHEAT— Six Months' Hard Labour. SHAPILOFF— Twelve Months' Hard Labour.
The policemen, Harrington, Read, Easter, and Parker, were highly complimented by the COURT on their conduct.
MR. HUTTON and MR. CONDY Prosecuted, and MR. WARBURTON Defended.
GUILTY of Indecent Assault.— Three Months' Hard Labour.
ADJOURNED TO MONDAY, APRIL 2ND, 1900.