CENTRAL CRIMINAL COURT
ELEVENTH SESSION, HELD SEPTEMBER 11TH, 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
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COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, September 11th, 1900, and following days.
Before the Right Hon. Sir ALFRED JAMES NEWTON , Bart., Alderman, LORD MAYOR of the City of London; Sir THOMAS TOWNSEND BUCKNILL , one of the Justices of Her Majesty's High Court; Sir HENRY EDMUND KNIGHT , Knt.; Sir JOSEPH RENALS , Bart.; and Lieut.-Col. Sir HARATIO DAVIES , K.C.M.G., M.P., Aldermen of the said City; Sir FORREST FULTON , Knt., Q.C., Recorder of the said City; Sir JOSEPH COCKFIELD DIMSDALE , Knt.; Frank Green, Esq.; Sir JAMES THOMSON RITCHIE , Knt.; JOHN POUND , Esq.; WALTER VAUGHAN MORGAN , Esq.; and HENRY GEORGE SMALLMAN , Esq., other of the Aldermen of the said City; and FREDERICK ALBERT BOSANQUET , 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.
W. H. C. MAHON, Esq.
J. D. LANGTON, Esq.
CENTRAL CRIMINAL COURT
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a† (†) 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.—Tuesday, September 11th, 1900.
Before Mr. Recorder.
517. CHARLES HILTON (50) PLEADED GUILTY to a burglary in the dwelling-house of Edward Simeon Wilks and stealing his property, having been convicted of misdemeanour on February 3rd, 1890. Five other convictions were proved against him.— Seven Years' Penal Servitude.
518. GEORGE FREDERICK COLLINS (41) [Pleaded guilty: see original trial image] to stealing, while employed in the Post Office, a post letter containing 5s. and 12 postage stamps, the property of H.M. Postmaster-General.— Three Years' Penal Servitude.
519. ROBERT J. SHERZINGER (24) [Pleaded guilty: see original trial image] to stealing, while employed in the Post Office, a letter containing £1 3s. 6d., the property of the Postmaster General.— Twelve Months' Hard Labour.
520. ALBERT EDWARD HUNT (31) [Pleaded guilty: see original trial image] to stealing, while employed under the Post Office, a post letter containing a postal order for 4s., the property of the Postmaster-General.— Eight Months' Hard Labour.
521. ROBERT WALTER MORFFEW (46) [Pleaded guilty: see original trial image] to stealing, while employed under the Post Office, a post letter containing an order for 15s., the property of the PostmasterGeneral.— Ten Months' Hard Labour.
522. THOMAS HENRY CROFT (22) [Pleaded guilty: see original trial image] to stealing, while employed under the Post Office, a post letter and postal order for 10s., also to stealing two letters containing two postal orders for 10s. and 20s., the property of the Postmaster-General.— Eighteen Months' Hard Labour.
523. THOMAS JAMES BUMBERRY (32) [Pleaded guilty: see original trial image] to stealing, while employed under the Post Office, a letter containing two postal orders for 5s. and 2s. 6d., the property of the PostmasterGeneral.— Twelve Months' Hard Labour.
525. WILLIAM FREDERICK BROWN (22) [Pleaded guilty: see original trial image] to stealing, while employed under the Post Office, four post packets containing a set of teeth, value £3, the property of the Postmaster-General.— Nine Months' Hard Labour. And
(526) HORACE NOEL (28) to forging the endorsements on orders for the payment of £52, £51, £1215s., £12 10s., and £50, with intent to defraud. He received a good character.— Eight months' in the second division.
NEW COURT.—Tuesday, September 11th, 1900.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted.
ROSINA SHAW . I keep the Ship public-house, Bethnal Green—on August 25th, about 2 p.m., the prisoner came in for a half-quartern of gin, price 2 1/2 d.—he gave me a florin—I asked him if he knew it was bad—he said, "No; how do you know it is bad?"—I said, "I can tell by the weight and by the look of it"—he took it up, and game me a half-crown, and said, "Take it out of that"—I gave him the change—Tyson came in, and I gave him in custody.
SARAH BRODRICK . My husband keeps the John Bull—on August 25th, about 1.30 p.m., I served the prisoner with a glass of ale—he gave me a florin—I sounded it on the counter, and gave him Is. 11d. change—I put it on the mantel shelf, where there was no large money—he was just going out—my husband spoke to me, and I showed him the coin—to the best of my belief, this (Produced) is the same.
ALFRED BRODRICK . I keep the John Bull—I was in the bar on August 25th, and saw the prisoner come in, and saw my wife give him change for a coin—I spoke to her, and she showed it to me, and pointed to the prisoner, who was just going out at the door—I called him—he came back, and I said, "Do you know what you have given me?"—he said, "No"—I said, "You have given me a bad 2s. piece"—he said, "Have I? it is what I got from the market"—he put his hand in his inside pocket under his coat, and gave me a good half-crown, and I gave him the change and the bad coin back—an officer came in, and I went with him to the station, where I saw the prisoner and charged him.
ROBERT TYSON (Detective H). On August 25th I was on duty in Wheeler Street, and saw the prisoner with another man, who left him—the prisoner walked to the Ship, and spoke to the other man—they went into the public-house—I went in by another door, and saw the landlady serve the prisoner with some gin—he laid down a florin, and she looked at it and complained—he showed it to the other man, and then put it into his top waistcoat pocket, and he gave her another coin, which she gave him change for—I spoke to her, and from what she said I went out, went round to the other side, and stopped the prisoner as he came out, and said, "I arrest you for uttering counterfeit coin"—he said, "You have made a mistake"—I took him to the station, and found this florin in his watch pocket, and in his trousers pocket 2s. 2 1/2 d. in good money—Mr. Brodrick was fetched, and charged him—he was asked his address, and said 2, Victoria Home, Whitechapel Road—he had been drinking a little, but he put it on a great deal—the two public-houses are about seven minutes' walk apart.
The prisoner's statement before the Magistrate: "I am not guilty; it was not guilty knowledge. I got the piece in change for a half-sovereign at the White Swan, Shoreditch."
The Prisoner, in his defence, stated that he got the coin in change for a half-sovereign, that he found it was bad, and put it by itself in a top pocket, and having had a drop of beer, passed it at the shop without any intention of doing so.
GUILTY .—He then PLEADED GUILTY to a conviction at this Court of feloniously uttering counterfeit coin on March 1st, 1880, after a conviction in March, 1879, of unlawfully uttering; and other convictions were proved against him.— Three Years' Penal Servitude.
MR. O'CONNOR Prosecuted, MR. CLARKE Defended, and the evidence was
interpreted to the prisoners,
CORNELIUS SEXTON (Police Inspector). On July 31st I was with other officers in Willow Street, Pimlico, and saw the prisoners—knowing them both, I spoke to them by name—they were standing together in conversation—knowing their characters, I said, in English, "I have reason to believe you are both here for some felonious intent, and I have no doubt you have some stolen property about you"—they made no reply—I searched Renaud, and enveloped in a newspaper I found 73 bonds, all of French companies, and payable to bearer—I asked him to explain how he became possessed of them—he said nothing—I directed Sergeant Wakeman to search Castalli, which he did, and took from him three envelopes—I said, "Open the envelope; tear it open and see what it contains," and he opened it—the post-mark was Oxford Street—it contained bonds and coupons—I told them I should take them in custody on a charge of having in their possession a number of valuable securities supposed to have been stolen abroad—they were conveyed to Gerald's Road Police-station, and charged—they made no reply—Castalli pretended not to understand English—I then explained it to him in French, and he made no reply—he gave his address as 1, Blackburn Place, and in a drawer in the front room occupied by him I found a copy of the Journal des Oppositions, a French paper describing lost French bonds, on which are marked in blue pencil the greater part of the securities found in their possession—four bonds of 500 frs. each were found on Renaud, and the coupons of them on Castalli, they had been cut off the bonds—they were then charged with unlawful possession and detained three weeks pending inquiries made in Paris, in consequence of which I caused two gentlemen to attend at the Police-court.
Cross-examined. I accosted them close to Victoria Station about 4.30 p.m.—I knew them well, and knew that they were foreigners, but not both French—I did not see the bundle easily; it was inside his dress, wrapped in newspaper and gummed up—it had been gummed some time—the parcel found on the other man was sealed—I knew the prisoners' addresses.
By the COURT. The newspaper was dated June 9th, and the arrest
was on July 9th—it is published daily, and they put them in from day to day till the bonds are found—it is published in Paris.
WILLIAM WEGNER (Police Sergeant). I was with Sexton, and by his direction I stopped Castalli, and found an envelope in his breast pocket containing bonds and coupons, and in the hip pocket of his trousers a brown paper parcel containing foreign bonds—I said in English, "What do you call this?"—he made no reply—all these were foreign securities, some French and some Italian.
Cross-examined. The envelope I found on Castalli was registered, and the post-mark is July 20th this year—the packet in his trousers pocket was in brown paper and tied up.
LOUIS PAGET (Interpreted). I live at 34, Rue Mazaine, Paris, and am a professor in a school—on January 16th the door of my house was forced open and 16 papers of 100 sous and 105 securities stolen—all this property produced is mine—here are 25,000 of Paris; 25 of four different issues, some Ville de Paris of 1898, and three of 1871; the others of 1894 and 1895—the value of all these is 20,000 fr., and 30 are missing—the value of all I lost is about 40,000 fr.—I identify 24 coupons of the Credit Foncier—all the coupons which are here belong to me—they were, perfectly secure in my house prior to this robbery, and my daughter had the key.—I have kept a list of ray different investments.
OSCAR HYPOLITE CRESSON . I am cashier of the European Gas Co., Amiens, and have an office at the Quai de la Sante—I live at 51, Rue de Jacobins, Amiens—on the night of January 21st or the morning of February 1st thieves entered my house, and I lost 35.000 fr. in securities—here are about 12,000 fr. of mine which were safe in my office on January 31st.
Renaud, in his defence, stated, in French, on oath, that he was a bootmaker, and had had a shop in Tottenham Street seven years; that on July 31 st Castalli, whom he had known four years, came in and introduced a man named Deloupe, who said that he was a French teacher, of 54, Margaret Road, Forest Gate, who asked him to take a parcel to Victoria Station, and be there at 4.30, but did not tell him what was in the parcel, and he did not open it; that he was surprised to see Castalli at Victoria Station; and that when it was given to him his wife and a' workman were present.
Evidence for Renaud.
JOSEPHINE RENAUD (Interpreted). I am Renaud's wife—this is the seventh year that we have lived in Tottenham Street—I was in the shop on July 31st when Castalli and Deloupe called, and saw a parcel given to my husband—a man with a dark brown beard told him to take it to Victoria Station at 4.30—all three men had beards—my husband started about 3.30—I did not hear anybody tell him what was in the parcel.
Cross-examined. Cas✗ralli does not often call at our house, only sometimes to arrange about shoe-making—he had never brought anyone with a parcel before—the third man asked my husband to do some business for him, as he was afraid of losing time, because he would not take the parcel back to his house—Deloupe is a good-looking man, with brown hair, well set, and he has the air of a gentleman—he is not very toll.
Re-examined. I only know Castalli as a customer at the shop.
HERMAN BACHI (Interpreted). I am an Italian—on July 31st I was working at Mr. Renaud's shop—I do not remember Castalli coming in, but Mr. Deloupe, a gentleman with a beard, came in and gave, Mr. Renaud a parcel, and asked him to take it to the station, and he would pay him very well, half a day's work—there was also my wife there—the parcel was in newspaper, and not very clean; I think there was some gum on it—it was not opened at any time.
Cross-examined. It is only four months that I am here—I speak a little French—they conversed in French—there was another person with Mr. Deloupe—Castalli never came to the shop that day, he only came once—he came on July 31st with the gentleman with a beard, but only once—I am a shoemaker, but before I went to Mr. Renaud's I worked at the Trocadero, Piccadilly, three weeks—before that I was a shoemaker in Paris—I was there nine months—I left three years ago—when I left Florence I went to Marseilles, and from there to Buenos Ayres.
By the COURT. The stranger said to Renaud, "Do me the favour to take this parcel to the station"—he went immediately he left the parcel—I was there when he came in—Castalli came with him—I do not know the stranger's name; it was not mentioned, nor his address—nothing was said about who he was—Castalli did not take the stranger's name and address—Renaud did not ask who he was—he gave the parcel, and said nothing—they both said that Renaud was to take the parcel to the station, and he would pay him—they were both strangers to me.
Re-examined. The conversation between Castalli and the stranger was in French, and I understood all that was said.
Castalli, in his defence, stated, in French, and on oath, that he had lived two years at 21, Rathbone Place, and was a commissionaire; that he had known Deloupe three or four years, who said that he lived at 56 Margaret Road, Forest Gate, and was a professor of the French language; that Deloupe asked him if he knew anybody who lent money, on bearer shares, as he had 300,000 fr. or 400,000 fr. in bonds, and he (Castalli) said that it would be necessary to consult the Journal des Oppositions, and Deloupe gave him 9d. for the paper and postage stamps, which he obtained, and took it to Deloupe, who marked the paper, and he gave him back the numbers of the securities, telling him they were opposed or stolen, and refused to have anything to do with them, and he went away angry, saying, "It does not matter; I shall make money all the same," and left the marked journal on the table; that on July 31st Deloupe came again, and asked him if he could take some parcels for him to Victoria Station, because he did not want to go home with them, and introduced Deloupe to him as a friend, and said, "Mr. Deloupe wants a little business done, and if you do it he will pay you something"; and that he agreed and took the parcel, which was closed and gummed, and as soon as Renaud came up they were given into custody.
GUILTY .—They were stated to be the associates of thieves and begging impostors.— Five Years each in Percel Servitude.
OLD COURT.—Wednesday, September 12th, 1900.
Before Mr. Justice Bucknill.
(531) THOMAS DALE (55) [Pleaded guilty: see original trial image] to obtaining by false pretences £1,200 from William Yorke, with intent to defraud; also to unlawfully converting to his own use certain property to which he was trustee.— Seven Years' Penal Servitude on each sentence, to run concurrently.
MR. BEARD, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. WARBURTON, for the Prosecution, offered no evidence.
NOT GUILTY .
MESSRS. MUIR and BIRON Prosecuted, and MR. SIDNEY CLARKE Defended.
SARAH GREENING . I am a widow, and live at 2, Willowbrook Road, Peckham—I was formerly a client of Smith and Gofton, solicitors—the prisoner was a member of that firm—in March last I was under an agreement to buy some houses in Canning Town for £575—I instructed the prisoner to act for me—I had to sell a £400 bond to get part of the money—I told the prisoner, and he said I was to take the scrip to him to see how much it would fetch—I did so, and we went to the stockbrokers' office, Messrs. Browning, Tod & Co., where I saw a Mr. Gordon—we left the office with Mr. Gordon, and went to the bank—we left the bank—the prisoner and the broker walked in front—something passed between them which I thought was a cheque—the broker left, and the prisoner and I walked along Lothbury—he wished me good-morning—I said, "You will keep that for me in safe custody till the purchase is completed"—then he was to send to me for the rest of the money with his fees—he said, "All right, Mrs. Greening, that shall be all right"—no one was there except the prisoner, my son, and myself—the letters which passed between the prisoner and myself were written for me by my son, who also read the letters from the prisoner to me—I remember this letter coming from the prisoner, dated March 26th, 1900—(This stated that he had asked the prosecutrix to call that day to execute the transfer of the stock, but as she was unable to do so, would she call next day for that purpose.)—a day or two after I had been to the stockbrokers' office I got another letter from the prisoner, dated March 28th—(This stated that the amount she would receive for the sale of the Victorian Stock would be £429 19s., exclusive of the dividend due on April 1st; that he found that Mr. Hurst had only purchased the freehold of the property last summer for £470, and that lie would make a profit of at east £600 on the transaction, and that if she had not signed the agreement she could decline going on with the matter.)
—I then called on the prisoner, and he told me that no Court would allow such a profit—I did not want to get out of the bargain, but he made me think I was being robbed—on April 6th I got this letter from the prisoner—(Read): "Dear Mrs. Greening,—Re Wightman Street—I am sorry I was not in when your son telephoned me this morning. I have laid the papers before Counsel for his opinion, and shall hope to hear from him in the course of a few days, when I will write you again."—on April 18th I received this letter from the prisoner—(Stating that he had sent to Counsel, but he was out of town, and he had not been able to get his opinion.)—I received a letter from the vendor, Mr. Hurst, which I sent on to the prisoner—on April 28th I received this letter from the prisoner's clerk—(Stating that her letter of the 27th had been received, and would be laid before the prisoner on his return to business on Monday morning.)—on April 30th I got another letter from the clerk, saying that the prisoner could not return to the office till Tuesday—I got my son to write to the prisoner, saying that if Mr. Hurst carried out what he said, there would be more trouble and expense—Mr. Hurst had threatened to go to law if I did not complete the purchase—I got this letter, dated June 22nd, from the prisoner—(Stating that he enclosed particulars of a leasehold house which he had received, and which was for sale, that he should be glad if she would look over them, and that it could be bought for £420.)—I had not asked him to find me another purchase—-during this time I had been calling at the prisoner's office to try and see him, and my son too—on June 27th I got this letter: "Mr. Gofton has wired me to make an appointment for Friday next, and I shall be glad if you will call here between 5 and 6 on that day.—Yours faithfully, LINTON S. THORPE, for Mr. Gofton"—after that I got a telegram putting me off—I then instructed Mr.C. J. Smith, who had been the prisoner's partner, to write to the prisoner—he wrote this letter—(Stating that Mr. Smith had been informed by the prosecutrix that she had left with the prisoner for safe custody £429 19s. for a purchase which had not been carried out; that she had made repeated applications for the money; that he, the prisoner, had deposited the money at his bankers at 4 per cent.; and that the money was to be sent to Mr. Smith at once.)—this letter came in reply from Mr. Thorpe—(Stating that he had spoken to the prisoner, who was much surprised at the position taken by the prosecutrix, especially as she had instructed him to retain the proceeds of the sale of the shares until the injudicious contract for the purchase of the property had been determined, and that he would make out his bill of costs and remit the balance at an early date.)—I cannot read—I have never got a farthing back from the prisoner.
Cross-examined. I had not done any business with the prisoner before this since he left Mr. Smith—I signed the transfer at the bank when I went with Mr. Gordon and the prisoner—I do not know who wrote out the cheque; it was given to the prisoner; at least, I saw something pass between Mr. Gordon and the prisoner; I thought it was the cheque—when I said to the prisoner "Keep that" I meant the cheque which I thought he had—he would not have to cash the cheque before the purchase was completed—it was several weeks after the cheque was handed over that the prisoner told me that the money was at the bank—I said
"Let me know what bank it is, and where my money is"—I remember getting a letter from the prisoner on March 28th, saying that the amount I should receive on the Victorian Stock would be £429 19s.—I did not know the amount of the cheque till I had received that letter—I did not ask the prisoner about the brokers' expenses—I believe he told me that there would be a few shillings to pay for commission—he told me he had taken Counsel's opinion—I was surprised that Counsel's opinion should be taken.
WILLIAM GREENING . I am the son of the last witness, and am a hotel porter, and live at 63, Crofton Road, Peckham—I was with my mother on March 27th—I saw something pass between Mr. Gordon and the prisoner, I cannot say what it was; I thought it was a cheque—that was inside the bank—my mother said to the prisoner, "Keep the cheque until the completion of the purchase"—the prisoner said he would keep it, and go on with the business, and let her know when to bring over the rest of the money to make the purchase complete—after that I called on the prisoner at 73, Basinghall Street, nearly every day, at my mother's request—I never saw him—the endorsement on this cheque is in the prisoner's writing.
Cross-examined. I did not see the cheque written—I never had it—I swore the information on July 2nd which caused the prisoner's arrest—Mr. Smith prepared that information on instructions which I gave him—I do not remember swearing that the cheque was handed to me—my mother also called on the prisoner several times—I do not remember Counsel's opinion being read to my mother—I remember something being said about taking the case before Counsel—my mother said she wanted the purchase settled—I never saw the prisoner after the Counsel was spoken about to my mother—I told Messrs. Smith and Hudson that I had made repeated applications for the repayment of the money, and that the prisoner had made repeated promises to pay—I had not seen the prisoner, but his clerk, Charles King, had said he would pay—I remember my mother asking the prisoner what the scrip would fetch—he replied that he did not know, but he spoke through the telephone to Messrs. Browning & Co.—my mother asked if she would be entitled to receive the dividend on April 1st—on March 28th or 29th my mother showed me a letter which said that she would receive £429 19s. from the sale—until then we were not sure what she would get.
Re-examined. We did not hear the answer to the prisoner through the telephone—I do not remember the prisoner telling us what the answer was—when I called in June and July his clerk said he expected him back in a few days, and, sometimes, in an hour—I called twice on some days—I was told once that he was in the office, but I was not allowed to see him—I told the clerk I wanted the return of the money, and to pay the expenses.
HAROLD HOLLCOMBE GORDON . I am a member of the Stock Exchange, and of the firm of Browning, Tod & Co.—we acted in the sale of some Victorian Stock for Mrs Greening—the prisoner was her solicitor—this cheque, dated March 27th, 1900, for £429 19s., in favour of W.S. Gofton, Esq., or order, is ours—I signed it on March 27th, in the office, as far as I recollect, and handed it over, after the transfer had been made
at the London and Westminster Bank, to the prisoner—Mrs. Greening was present; her son was not; I do not think I have ever seen him—the cheque has been paid.
Cross-examined. A large number of transactions pass through my hands every day—it is the usual thing for me to draw cheques and hand them over to people—I went over to identify Mrs. Greening, and took the cheque with me—I have never seen this letter before—we only paid the prisoner one cheque for £429 on that day—this letter comes from our office—this is not signed by the firm, but by a clerk, "J.H."—he would be authorised to write a letter like this—(This stated that the firm enclosed a cheque for £429 19s. for the sale of stock.)—I got a receipt for that cheque, dated March 28th—it was accompanied by a letter from the prisoner—my idea was that I gave it to him—we have a letter-book, in which the clerks enter the delivery of letters if sent by post, not always by hand—I do not remember asking the prisoner when he would like the cheque, or his saying to me, "You can send it on to my office when the transaction is completed."
Re-examined. It would be known in our office that we were going to give the prisoner a cheque—it is possible that the letter may have been written and sent to the prisoner, although I had previously given him the cheque.
HERBERT HEWITT . I live at Chiswick, and have an office at 27, Leadenhall Street—I know the prisoner—on April 4th he showed me a cheque for £429 19s., dated March 27th, signed by Mr. Gordon—he asked me if I would kindly change it for him—I said I would—he said his banking account was closed—he owed me then £1 17s., and I gave him one of my cheques for £428 2s.
Cross-examined. I have known the prisoner some time—I have done business with him—I have borrowed money from him.
LINTON THEODORE THORPE . I am clerk to my father, Frederick William Thorpe, a solicitor, of 73, Basinghall Street—I live with my parents—I remember the prisoner giving me this cheque, and asking me to cash it for him—I went to the bank and cashed it, and gave the proceeds to him in a bag off the bank counter.
GEORGE ROBERT CLARK . I am an accountant at Parr's Bank, Thread-needle Street—this cheque for £428 2s. was cashed at the bank on April 5th—it was paid in nine £5 notes, three £10 notes, one £50, three of £100 each, and £3 2s. in cash.
CHARLES JOHN WILLIAMS . I am a clerk in the banknote department of the Bank of England—I produce nine £5 notes, dated December 6th, 1899, Nos. 59342 to 59350; three £10 notes, dated April 11th, Nos. 61008 to 61010; and one £50 note, dated January 16th, 1899, No. 59604, endorsed "Please cash, E. Eleanor Thorpe"—I also produce three £100 notes, Nos. 76952 to 76954—the first one is endorsed "Eleanor Thorpe," and also No. 76954, the other is endorsed "Fred. W. Thorpe, 73, Basinghall Street"—the £10 note, No. 61008, is endorsed "W.S. Gofton," and stamped "73, Basinghall Street"—the £5 note, No. 59350 is stamped "William Smith Gofton, 73, Basinghall Street"—the £50 note has the office stamp on it, and also the £100 notes.
of 66, Cornwall Gardens, Kensington—I am half-sister to the prisoner—my husband has an office at 73, Basinghall Street—these £100 notes, 76952 and 76954 are endorsed by me—the prisoner asked me to get them cashed, which I did, and gave the proceeds to him.
Cross-examined. I have a banking account of my own, and I cashed the notes through my bank.
FREDERICK WILLIAM THEODORE THORPE . I am a solicitor, of 73, Basinghall Street, and live at 66, Cornwall Gardens, Kensington—I changed the £100 note, No. 76953, for the prisoner—I believe on March 10th he left his office in Mark Lane—I am not connected with him in business—he is connected with me by marriage, and I allowed him to use my office.
Cross-examined. He had a seat in my room—I have no interest in his business, except that I am defending him to-day—I have seen Mrs. Greening come to the office two or three times—I remember the prisoner having a discussion with her about the excessive price of this property—I do not remember what was said—I know that the prisoner said the price was high, and I think he mentioned to me that he had taken Counsel's opinion—I was not present when the Counsel's opinion was read to Mrs. Greening—I think young Greening called to see the prisoner when he was away—I remember the prisoner handing me a letter from Messrs. Smith & Hudson on July 2nd, which I replied to on the 5th.
HENRY PHILLIPS (Detective Sergeant). On July 14th I saw the prisoner at the Royal Station Hotel at Hull—I had a warrant for his arrest—I said, "Mr. Gofton, I have a warrant for your arrest," and I told him I was a police officer from London—I read the warrant to him—he said, "I have a complete answer to the charge"—when charged in London he said, "This is a vindictive proceeding on the part of my late partner, Mr.C. J. Smith, and I have a complete answer."
Cross-examined. I found that the prisoner was well known in Hull.
MR. CLARKE submitted that there was no case to go to the JURY, as there was no evidence to show that the prisoner was ever "entrusted" by Mrs. Greening with my valuable security. (See Reg. v. Brownlow, "Cox's Criminal Cases," Vol. XIV., page 216.) MR. JUSTICE BUCKNILL ruled that the case mutt go to the JURY.
GUILTY .— Three Years, Penal Servitude.
NEW COURT.—Wednesday, September 12th, 1900.
Before Mr. Recorder.
(536) ROBERT ALEXANDER STONES (29) [Pleaded guilty: see original trial image] to forging and uttering an endorsement to a cheque for £15 18s.; also to obtaining the said cheque from Joshua George by false pretences.— Nine Months' Hard Labour.
MR. HOPKINS, for the Prosecution, offered no evidence. NOT GUILTY .
ALFRED MARTIN . I am in the employ of Hine, Parker & Co., of 1, Mumford Court—on August 13th, about 10.30, I went into the premises, and saw Strutt there, and a bale of goods of my employers' in the doorway—I came out a few minutes afterwards, and missed the bale—I turned into Milk Street, and saw the two prisoners with the bale, taking it towards Gresham Street—they said that a short, dark man had engaged them—I told them to come back, and they came back to Mumford Court.
Cross-examined by Strutt. You said that you would take it back.
ERNEST GREEN . I am managing director of Hine, Parker & Co.—this bale is their property—it contained shirting, value £33 18s. 10d.—it was placed on the door-step at Mumford Court on August 13th—Mr. Pope, another director, gave the prisoners in custody—he is out of town—this is only part of the bale.
HENRY TINKER (664, City). On August 13th, about 10.30, I was called to Mumford Court, and Mr. Pope charged the prisoners—they said that some man employed them to take the bale to Aldgate Pump, and they were going to convey it to Gresham Street on a trolley—this is only a portion of the bale—it contained 17 pieces, and weighed almost 3 cwt.—Mr. Killen claimed the truck.
Cross-examined by Strutt. I should recognise the man who hired the truck if I saw him.
The prisoner's statements before the Magistrate: Strutt says: "I am perfectly innocent. I was engaged by a man who hired a barrow to convey the parcel to Aldgate Pump, where he would meet me, and show me where it was to be delivered, and pay me 1s. for my services. I had never seen him before." Blake says: "I saw this man with a truck; he asked me to push it; I said, 'Where is it going?' He said, 'To Aldgate Pump, and after we got the bale there was no one there, and the man stopped me; I said that we were going to take it to Aldgate Pump, and we had better take it back." The prisoners repeated these statements, on oath, in their defences.
HENRY TINKER (Re-examined). I have made inquiries about the prisoners, and find nothing against them—they both live in common lodging-houses—I know them by sight, but have not seen them together before—I have seen them about Wood Street collecting waste paper—I made inquiries of Carter, Paterson about Strutt, and they were quite satisfactory.
THIRD COURT.—Wednesday, September 12th, 1900.
Before Mr. Common Serjeant.
539. WILLIAM MARTELL (18) [Pleaded guilty: see original trial image] to robbery, with violence on Cornelius William Morley, and stealing part of a chain, having been convicted of felony at this Court in May 1898. Two other convictions were proved against him.— Eighteen Months' Hard Labour.
540. ADOLPH NAGEL (26) [Pleaded guilty: see original trial image] to two indictments for stealing four banker's drafts, and to two indictments forging, and uttering the same.— Twelve Months' Hard Labour.
542. THOMAS JONES (56) [Pleaded guilty: see original trial image] to stealing a suit of clothes, the property of Thomas Gray, having been convicted of felony at Worship Street Police-court on May 4th, 1899. Five other convictions were proved against him.— Eighteen Months' Hard Labour.
543. WILLIAM MURPHY (23) and RICHARD CROWCHER (20) [Pleaded guilty: see original trial image] to an assault, with others unknown, on Michael Reardon and occasioning him actual bodily harm.— Nine Months' Hard Labour each.
544. PERCY UPCHURCH (17) [Pleaded guilty: see original trial image] to attempting to obtain William Timothy Gorman 15s. by false pretences, with intent to defraud, and to obtaing credit by false pretences.— Six Months' Hard Labour.
545. JOHN BRADSHAW (21) and JAMES BROWN (20) to stealing a watch ferom the person of Walter Stiles, Brown having been convicted of felony at Clerkenwell on January 13th, 1900. Two other convictions were proved against BROWN— Three Years' Penal Servitude. BRADSHAW— Twelve Months' Hard Labour. And
MR. JONES Prosecuted.
EMILY CASE . On Saturday, August 25th, about 11 p.m., I came out of Daly's Theatre, and was standing waiting for my carriage—I felt a tug at my silver purse, which broke both chains—I looked and saw the prisoner pulling it—this is it—I grabbed him—I saw his hand on it—I said, "Grab him; he has my bag"—constables came up and one arrested the prisoner—the value of the purse, glasses, and all I lost is about £4—the prisoner took the bag and money in it, and my gold eye-glasses, which were hanging, were lost.
ARTHUR CHAPMAN (372 C). I heard a shout, and the last witness say, "He has got my bag"—I seized the prisoner—I saw something bright dangling in his hand—he was violent—I threw him to the ground and took the purse from his right hand—when I came up the lady's hand was upon him—I took him to Vine Street Police-station—he was charged, and replied, "Yes, I Know I did take the purse."
Cross-examined by the Prisoner. I did not take the purse from between your legs when you were on the ground, I took it from your hand.
Re-examined. He used filthy language at the time, and to the witnesses at the Court.
The prisoner, in his defence, stated that as he was standing to see the ladies come out of the theatre the policeman grabbed him by the neck, forcedhim to the ground, and he found the purse under his leg; that it must have been put there, as he never touched it.
GUILTY .—He was further charged with a conviction of felony at the Sessions House, Clerkenwell Green, on October, 1898.
FREDERICK COOK (Warder H.M. Prison, Holloway). I was present when the prisoner was convicted at the North London Sessions, on October 18th, 1898, and sentenced totwelve months' hard labourfor larceny from the person—he is the man mentioned in this certificate—several convictions were proved against him.
The prisoner stated that he was not the man who was convicted, but it was his brother.
GUILTY.—Six other convictions were proved against him, and several convictions as a rogue and vagabond.— Five Years' Penal Servitude.
OLD COURT.—Thursday, September 13th, 1900.
Before Mr. Justice Bucknill.
MESSRS. AVORY and STEPHENSON Prosecuted, and MR. HUTTON Defended.
SIMEON MALL . I am a traveller, and sell sweets—on August 18th, about 5.30, I was standing in Marylebone Road, eight or ten yards from the park gates and five or eight yards from the refuge—I saw a van and two horses going fast—I could not see the driver—it was a high loaded van, going Baker Street way—it ran into the middle of the refuge, where there were two or three little boys—the off fore wheel knocked one of the boys down, and the second wheel went over his shoulders—he had been waiting on the refuge to go into the Park—I went and picked him up; he was dead then—I took him to the Middlesex Hospital—I did not see the van stop.
Cross-examined. The horses were trotting fast—the driver stopped afterwards; I do not know how many yards from the refuge—I saw the van standing still about 40 or 50 yards away—I saw no costermongers' barrows there, or any other vehicles.
JOHN HURST . I am a cab driver, and I was ia Marylebone Road on Saturday evening, August 18th, driving my cab towards Portland Road Station—I was within about 20 yards of the refuge when I saw three children standing on the refuge, and I saw the van come from the near side of the road as it went westwards on to the refuge, and the front wheel went on to the refuge, and the off front box of the wheel knocked the deceased down and twisted him over—he fell half on the refuge and half on the roadway—the hind wheel went over his shoulders as he was lying face downwards—the refuge is about the height of a kerbstone—I did not see the driver do anything—I told the other witness to get into my cab with the deceased, and I drove them to the
hospital—the van was a Great Western Railway van—the horse, were going just out of a walk.
Cross-examined. I did not notice the horses shy at all—they might have done so without my seeing them.
Re-examined. I saw some barrows standing on the near side of the road.
FREDERICK MEDHURST . I am a police pensioner and a caretaker of 4, Regent's park Terrace—on this evening I was in the Marylebone Road—I heard some people shouting out "Stop him!"—I saw a crowd outside park Crescent a child in a man's arms—I saw a van coming towards me at about five or six miles an hour—the prisoner was driving it—I went into the road and caught hold of the reins, and told him I should detain him, as he had run over a child—he said nothing—he was drunk—I asked him if he was aware that a box and dropped off his van—he said, "No"—I stopped him about 75 yards from the refuge—the van guard was sitting by the driver on the near side—the boy got down and picked the box up after I had stopped the van—Police-constable Sutton came up and took the Prisoner in charge—the prisoner did not say anything about the child.
Cross-examined. I did not say anything to the prisoner about the refuge I did not know anything about that—the prisoner got down off his dicky without assistance—he did not fall down—he fell against the near-side horse when he got down—that was after I had told him he had run over a child—about five minutes elapsed from the time that I caught hold of the horses till the police came up—I did not think he was drunk till I stopped him—he was rolling about on the dicky, and his eyes were almost closed—I do not always say that because a man rolls about on his dicky and his eyes are closed he is drunk—I told the constable that the prisoner had run over a child—I did not say he was drunk—he did not attempt to run away.
THOMAS PARKER . I am a cabman—on August 18th, about 5.30 p.m., I way driving my cab in Marylebone Road, going westward—I saw the prisoner's van in front of me—as he passed the park gates I saw the near-side horse shoot right across the road to the refuge—the off-fore wheel stopped, but I did not notice who stopped him—I got off my cab, and saw the constable invite the prisoner to get down—he got down, and I saw the constable take him away—the prisoner might have been drinking, but he was not drunk; he was more frightened than anything else when he was told what had happened.
Cross-examined. I had been driving behind the prisoner from Tottenham Court Road—I did not notice anything in his driving to lead me to believe that he was incapable of managing a van and horses—he was driving perfectly steadily—the near-side horse pushed the off-side horse into the refuge—the prisoner got down off the dicky without assistance.
Re-examined. I shouted three or four times before he was stopped.
GEORGE SUTTON (438 D). At 5.35 p.m. on Saturday, August 18th, I was sent for to Portland Road Station—I went to Park Crescent, and saw a crowd—the prisoner was standing on the footway near his horses—he was swaying to and fro, apparently under the influence of drink—Medhurst was there—I said to the prisoner, "You are drunk"—he replied, "I am not drunk"—I told him he had run over a child, who had been taken to the hospital—he replied, "I have run over no child; I have seen no child"—I took him to the station—I then went to the hospital and returned to the station—the prisoner was charged with manslaughter and being drunk—he replied, "I am not drunk"—the divisional surgeon was sent for, and I heard him tell the prisoner he was drunk.
Cross-examined. The Police-station is half a mile or more from where I took him into custody—I saw Medhurst talking to the prisoner when I arrived—he looked strange, and he smelt of drink—I did not see him get off the dicky.
SAMUEL LLOYD . I am surgeon of the D Division—on August 18th, about 6.30 p.m., I saw the prisoner at the Police-station—I examined him with a view to ascertaining if he was under the influence of drink—I came to the conclusion that he was drunk, and told him so.
Cross-examined. I tested him by observing his walk, and examining the whites of his eyes; he swayed in his walk—he smelt of drink, and his articulation was not clear—I asked him if he could pronounce "Constantinople" and also the word "statistical," but I abandoned that—he did not appear to be upset—he was muzzy and dazed—he said, "I am not drunk," but not very clearly.
WILLIAM THOMAS HILLIER . I was house-surgeon at the Middlesex Hospital—about 5.45 on August 18th the deceased was brought in dead—he was about four years old—I made a post-mortem examination, and found that a number of ribs were broken and the lung torn—it was a healthy child—being run over by a van would account for the injuries I saw.
HENRY BOLTER . I am a master tailor, of 86, William Street—about 4.15 on August 18th I last saw my son, the deceased, playing in the street—next morning I saw his dead body in the hospital—he was four years old on July 6th.
ERNEST ELLIOT (Inspector D). At 6 p m. on August 18th I saw the prisoner at Tottenham Court Road Police-station sitting on a chair—I asked him to stand up; he did so, and staggered towards me—I told him he was drunk, and would be charged with being so—he said, "I am not drunk"—I also told him he would be charged with manslaughter—I sent for Dr. Lloyd—I read the charge to the prisoner at 9 p.m.—he still said he was not drunk.
Cross-examined. He said he had had three or four glasses to drink, and had had nothing to eat all day—I am not sure whether he said he had had beer or anything else—he smelt of beer very much.
Evidence for the Defence.
Cross-examined. I did not see Medhurst stop the van—I saw him
there—I did not hear him speak to the prisoner—a parcel had fallen off, and I went to pick it up, and put it on the van while it was going—the horses were walking—that was after the van had hit the refuge—I was not at any time that day sitting beside the driver—after we passed the refuge I saw a child lying down; that was when I was coming back with the parcel.
By the COURT. After we left the Minories we stopped at three public-houses—we went out in the morning at 9 o'clock.
The prisoner, in his defence, on oath, said that the near side horse shied and ran into the refuge before he could pull them out; that he heard a shout and pulled up as soon as he could; that he did not know that he had driven over a child; that he had only had three or four glasses of ale all day, and was not drunk.
The prisoner received a good character.
GUILTY .— Three Months in the second division.
MESSRS. AVORY, MUIR, and STEPHENSON Prosecuted; and MR. BIRON
EMILY SAMPSON . I am single—the deceased was a friend of mine—I was with her on the night of August 27th—about 9.20 p.m. we went to the Foresters' Music Hall—while we were there the prisoner, who I know asJack, came in—he spoke to the deceased—I could not hear what was said—she and I then went into the bar to have a drink, followed by the prisoner—he asked her to treat him—she said "No," and he took up her glass of stout and drank it—she said to me, "Come outside, Emma"—we went into the Cambridge Road—the prisoner walked by her side; I was on her other side—we did not ask the prisoner to come—we went along the Cambridge Road, and the prisoner asked the deceased if she would have a drink—she said, "No"—we walked into Bethnal Green Road, and all stood outside the Police-station—the deceased stopped first—she said to the prisoner, "What do you intend to do?"—he said, "I intend to have you, and no one else"—she said, "I don't want you; all I want is an honest, hard-working fellow, not one who robs others"—she then turned round to go up the Police-station steps—she did not say anything while she was going up—the prisoner pulled out a revolver from his right side and fired at her—he was not an arm's length from her—he then ran up the station steps—she gave a scream and fell—a constable came out of the station, and she was carried in—I followed her—I did not hear the prisoner say any more—I had seen him in the deceased's company before this—I cannot say what terms they were on.
Cross-examined. The constable came out of the station as the prisoner ran in—when he fired, the deceased was trying to go up the steps, and he was trying to prevent her—she had hold of my arm—I did not see the revolver till the deceased was shot—I said before the Coroner, "I saw the flash of the shot; the weapon was fired close to her. I had not previously seen the weapon"—that is true—I had seen the prisoner in the deceased's
company on the previous day, Sunday, in Victoria Park—I was with them—I did not see a revolver then.
Re-examined. I do not know what they were talking about on Sunday; it did not concern me—I only heard him say, "Where are you going?"—she said, "For a walk"—he said, "So am I"—he followed us to our door—she stood and spoke to him—I stood on one side; then he walked away, and she went in with me—I do not know if it was a friendly conversation.
GEORGE CROW (Police-Sergeant, JR). At 10.10 p.m. on August 27th I was in Bethnal Green Police-station—I heard the report of a shot, and ran from the office to the door—I saw the prisoner coming up the steps, holding this revolver (Produced) in his right hand—I seized him, and took it away from him, and gave it to Inspector Page—he said, "I have done it; I have done it"—the deceased was brought in by two policemen—she was alive, but unconscious—she died in three or four minutes—the prisoner was charged by Inspector Page.
Cross-examined. The wound was on the right side of her head—this is not one of the best class of revolvers, it is only a toy, but I should not like to play with it much.
Re-examined. You cannot fire it without its cocking—it works properly—I have tried it.
WILLIAM PAGE (Police-Inspector). I was in charge of Bethnal Green Police-station on the night of August 27th—I remember the prisoner being brought in by Sergeant Crow, who handed me a five-chambered revolver—I examined it—it contained five cartridges—four were loaded and one had been recently discharged—I afterwards charged the prisoner with the wilful murder of Sarah Willott—he made no reply—next day Caroline Potter handed me another cartridge (Produced)—it was precisely similar to those in the revolver.
RICHARD WOOD (191 J). I was at Bethnal Green Police-station on the evening of August 27th—the prisoner was in my charge—I took off a cloth belt he was wearing, in the pocket of which I found this small pocket-book (Produced)—it contained this photograph (Produced) of the deceased; also this piece of paper—(Read: "It is all her own fault, and she deserves it. Good-bye, pals, one and all")—I found that about two minutes after he was brought in; he had no opportunity of writing it after he was brought in, we had not let go his hands—I went out behind the sergeant and caught hold of him with the sergeant.
JOHN DAVID JENKINS, M.D . I am a registered medical practitioner—on Saturday evening, August 27th, I was called to Bethnal Green Police-station, where I saw the body of the deceased—she was only recently dead—on her right temple there was a more or less circular wound 1/3 in. in diameter, and from it protruded some blood-stained brain matter—round the wound the hair was singed and the skin blackened—on the 30th I made a post-mortem—the margin of the wound was ragged and inverted towards the brain—the skull was perforated, the opening being 1 in. in front and 1/4 in. above the external opening of the ear; it was oval in shape, its longer diameter being 3-5 in. long—the membranes of the brain were pierced, and the brain itself in the neighbourhood of the wound was torn—the bullet was lodged in the brain substance on the opposite
side of the head—it is similar to these bullets—there were no other injuries to the head—the organs were healthy—the cause of death was shock from the bullet wound—the revolver must have been fired close to the skin, if not actually touching.
Cross-examined. The part where the bullet struck is the thinnest part of that particular bone—I saw the prisoner at the Police-station—he was in a dazed condition; he did not seem to understand readily what was said to him—I did not ask him what had happened; I asked him his name.
Re-examined. I have never seen a man before immediately after a murder—there was nothing unusual in his condition, considering what had occurred—I should not expect him to be quite calm and collected—I asked him to put out his tongue, in consequence of his physical condition, not because of his mental condition.
SARAH WILLOTT . I am the wife of Jonathan Willott, carman, of Sidney Street, Bethnal Green—the deceased was my daughter—she was 19 years of age at the time of her death—I had known the prisoner as keeping company with her for just over 12 months—she kept company with him till about 11 weeks ago from now, after which he did not come so regular, and my daughter ceased going out with him—about three weeks after that I saw him coming to the door—I only spoke a few words with him—on August 31st I received this letter by post from the prisoner—(Read: dated August 30th, from Holloway Prison, asking how the witness was, and saying that what had happened was a great blow, but was not his fault, but the deceaseds; that nothing would have happened if she had said one word, when all would have been well, but that her temper would not allow her; that he should be at the inquest next day, and hoped to see her; and asking her to btar up for the sake of the little ones, whose names he forgot.)—he had known the names of the little ones—one was Edward, and the other Alice—I had never known him to forget their names before—he appeared to be very fond of them.
Cross-examined. When I last saw him he said he was going to Australia that same night—he said he should be away five or six months, but that he should be home just before Christmas—he did not say why he was going, but was going to a relation there—I do not know if he has a relation in Australia—he said he had paid for his passage—he proposed that we should have some drink, as he was going away, which we did—I have noticed him strange in his manner at times—he seemed to be dazed and worried, as if he had something on his mind—on the Sunday when he said he was going to Australia he had a sort of a fit—he came in and said he wanted to see my son George—they went over to the Angel to have some refreshment—they came back, and the prisoner sat down—he sent for some ale and whisky—he drank a drop of whisky, and then gradually fell on the floor—it was about 10 minutes before they brought him to—when he was better we all went, over to the Angel and had a few drinks—he was quite sober—I hever heard that he had a severe injury to his head seven or eight years ago.
Re-examined. This fit took place about the beginning of July—it was
very hot then—there was no fire in the kitchen—I know my daughter threatened to give the prisoner up; it might have been that which worried him.
CAROLINE POTTER . I am single—the deceased was my sister—I know the prisoner—I was in the Horns public house with him on Saturday, August 25th, in the evening; Winifred and lily Clark were there—we all left together, and walked along Shoreditch till we got to Bethnal Green, where the prisoner let a revolver off—I screamed, and Winifred Clark asked for one of the bullets—he gave her one and me another—I afterwards gave it to Inspector Page—the prisoner said he had been having a quarrel with the deceased, and that she had been out with some young men while he was away—I was so afraid when he let off the revolver that I cannot remember anything else.
Cross-examined. He let the revolver off towards the sky.
LILIAN CLARK . I live at 33, Sale Street, Bethnal Green—I know the last witness—I was out with her on August 25th—we saw the prisoner in Shoreditch—that was the first time I had seen him—he came up and asked if we had seen his young lady—I knew her—I told him that I had not seen her that night—he asked us if we would have a drink—we went into the Horns—while we were there he showed us a photo of the deceased—he said he meant doing for her and himself too—we came out then, and walked along Bethnal Green Road on our way home, and he suddenly let off a revolver—he said, "Instead of hearing of a marriage, you will near of a funeral"—I did not see him give anything to my sister or to Caroline Potter—I was in front.
Cross-examined. He did not give me a cartridge—we were in a public-house a little after 11—he did not say that he had been in any other public-house that evening—there were other people in the bar—I do not think they heard what he said—I did not take what he said seriously, but I warned the deceased the next morning—the prisoner knew my sister and the deceased were friends—I do not know if the revolver went off accidentally—he pulled it out, and it went off directly—it may have been an accident for all I know.
Re-examined. It was just after the revolver went off that he said, "Instead of hearing of a marriage, you will hear of a funeral."
WINIFRED CLARK . I am single—on Saturday night, August 25th, I was in the Horns with my sister and Caroline Potter—we met the prisoner at the top of Bethnal Green Road—I did not know him until that night—we went into the Horns with him—we were talking to him about the deceased—he showed us a photo of her, and told us he had been thinking of her while he was away—he kissed the photo, and put it back into his pocket—we came out, and walked along towards home—he pulled out a revolver, and fired it—he then gave me a bullet in remembrance of it—he said he meant doing for her and for himself too—I do not remember anything else.
Cross-examined. I knew that the prisoner and the deceased had stopped walking out together—I told the deceased what had taken place in the public-house.
Holloway—the prisoner was received there on August 28th, and placed in the infirmary to keep him under close observation.
Cross-examined. I always keep prisoners under close observation in cases such as these—there may have been two or three exceptions—I first saw him on the evening of August 28th—I considered him rational and coherent in his conversation—I thought his intellect was somewhat of a low order—that was before I knew anything of his family history, except what he told me himself—I found in his conversation traces of vanity and bombastic talk—I noticed it particularly when I was observing him unknown to himself—I asked him if there were any traces of insanity in his family, but I could get nothing from him—I afterwards became acquainted with his family history—I heard that there had been a case of alleged insanity on each side—it was said that his mother's brother had been in an asylum twice for short periods—all cases of insanity are difficult, and it is a great responsibility to decide—at the best I can only give an opinion—I was informed that the prisoner had a severe fall seven years ago—that might tend to increase his mental deficiency; it would not tend to improve it—I have not seen his mother; I have seen her statement—the prisoner stated that he had had pains in his head some time previously—he told me he had had a fit.
Re-examined. I have heard the fit described to-day—it sounded more like the description of a fainting fit than anything else—I have seen nothing in him to indicate insanity in my opinion.
By the COURT. Men of unsound mind are vain and bombastic—when the prisoner was exercising with the other prisoners ht seemed as if he wished to look jolly and happy; it was assumed; it is rather unusual—I have had numerous interviews with him, but I have seen no signs of any delusions—he is sharp and cunning; so are lunatics.
Evidence for the Defence.
EMMA PARR . I live at 10, Bush Street, Hackney Road—the prisoner is my son—he is 19 years of age—my husband died 14 years ago last October, of consumption—there were three instances of insanity on my husband's side, and one on mine; one is in Colney Hatch, one is at home, and one is dead—the one in Colney Hatch is my husband's mother's sisters' daughter—the one at home has been in Colney Hatch, and also my brother—he was there 18 or 19 years ago—my son has been very strange in his manner—he had a fall in the gymnasium four or five years ago—he seemed changed in his manner after it—I took him to the doctors—he would pull and tear things in an agitated manner—he had fits when he was a baby—they stopped after a time—I have noticed them again recently—the last Sunday he was at home he threw himself across the table—I asked him what was the matter—he made no reply—on the Monday that this happened I noticed that he was strange; he was glaring and agitated—he went away for six weeks, and when he came back he did not stay at my house till this happened—I do not know where he was—he said he was going to Australia; he has a cousin living there—he said good-bye, and went out—he took a portmanteau with him; the next I saw of him was at Worship Street Police-station—he did not tell me how he got his passage money—he would make all kinds of strange faces, and would hold his head and say he had pains in it—a quantity of blood
sused to come from his nose and ears—that was very frequent, and up till quite lately—the other members of the family thought he was not in his right mind.
Cross-examined. He had always lived at home till the spring of this year—he was employed at Truman and Hanbury's about a year and eight months, and after that by a Mr. Thomas, a builder, of Finsbury—in 1899 he was employed by Mr. Roberts, of Finsbury—I told the prisoner I should get someone in to look after him, and I also told my son George—after his fall the hair of his head came out—he had a very bad head—I took him to Dr. Bates for four or five weeks—Mrs. Willott told me that the prisoner had several fits at her house—I did not know that the deceased had thrown him over; she told me quite different—I knew he had been keeping company with her—I did not know that they had stopped.
GEORGE PARR . I am a clerk, and am the prisoner's brother—I do not live with my mother—I remember my brother having a fall five or six years ago—I have noticed a change in his manner since—he would walk about in a lonely way; he seemed low-spirited and moody; he had said very strange things—he would get a razor and shave his legs and arms in front of a looking-glass, and would pose as a statue—I did not see him as often as my mother did—I have been told he had fits—the last time I saw him was about eight weeks before this in Hackney Road—I spoke to him—he looked very strange—I said, "Where are you going?"—he said, "I am going down for Sarah"—I said, "You cannot go down for Sarah the way you are going"—he said, "I shall see her this way"—then I left him.
Cross-examined. I did not know that the girl had thrown him over—I last saw them together at Whitsuntide—they were at my mother's place—I did not know why he should be worried—I did not suspect him of having anything on his mind—I do not know that he has been in any employment since July, 1899—I never knew that he was carrying a revolver, nor heard that he was in possession of one—I never heard of his talking about going to Australia—I did not see him posing in front of the looking-glass; his mother told me—I have never seen him shaving his legs; his mother told me.
Re-examined. Until July, 1899, he had been in fairly regular employment.
GUILTY .—Strongly recommended to mercy by the JURY on account of his youth.
The prisoner said he had tried to shoot himself on the Sunday night before, but the revolver would not work, and he did not think it would work this time.— DEATH .
NEW COURT.—Thursday, September 13th, 1900.
Before Mr. Recorder.
550. FRANCIS LAURANCE KERNAN (19) PLEADED GUILTY to robbery with violence on Robert Mason and stealing a bag his property. Five former convictions were proved against him— Three Years' Penal Servitude.
(553) JAMES FLANNIGAN (28) [Pleaded guilty: see original trial image] to feloniously wounding John Casegrove, with intent to do him grievous bodily harm. Fourteen former convictions were proved against him.— Five Years' Penal Servitude.
554. THOMAS MABBOTT (51), Assaulting Eliza Mabbott, with intent to do her grievous bodily harm. He PLEADED GUILTY to a common assault, and a verdict of NOT GUILTY was taken on the felony. He had been convicted of other assaults on his wife.— Eighteen Months' Hard Labour.
MR. MORICE Prosecuted.
EMMELINE MAY . I have a shop and house at 150, Bow Common Lane, Mile End—at 3.30 a.m. on July 24th I was aroused by hearing my foreman calling and two reports of a pistol—he said there was a burglar in the place—I went down stairs, and the prisoner rushed past me into the kitchen—he turned round and fired at me—he went into the washhouse, and I and my son closed the door on him—I missed £4 5s. and a brooch that had been left downstairs—I picked the prisoner out from about 20 men at the Police-station—I picked out another first—to the best of my belief, the prisoner is the man—I did not notice so much at first.
Cross-examined by the Prisoner. You were not indicated to me by the constable—he said, "If you think he is the man, touch him."
NICHOLAS MAY . I am the prosecutrix's son—I heard the, screams and went down stairs, and saw the prisoner rushing into the passage, pointing a revolver—I rushed out to get help, and he got away—at Bow Street Police station I picked him out from 14 others—I am sure of him.
JANE BRIGGS . I live next door to the prosecutrix—I had to go into my kitchen to make my baby's food—I heard cries of "Police!" and 'Murder!"—I looked through the window and heard a great scuffle next door, and saw the prisoner come out into the garden and escape by the back door—it was quite light and fine weather—the prisoner was placed with several others, and I picked him out—he was then wearing a black coat instead of a brown one—I said, "To the best of my belief, that is the young man, but he had a brown coat on."
—GOLDING (Police-Serjeant K). About 6.30 a.m. on July 24th I went to 150, Bow Common Lane, and examined the premises—in the evening I went with another detective to a public-house and saw the prisoner—I told him I should take him into custody on suspicion of breaking into 150, Bow Common Lane that morning—he said, "You prove it"—he was taken to the Police-station and placed with 14 others, and identified by the witnesses—it was not true that they were put on to him—Mrs. May
was not sure at first—I said, "If you see the man touch him"—she said, "It is one of those two," and I said, "Touch the one you think is the man," and she touched the prisoner—the son came in—he slightly hesitated, and then walked up to the prisoner—Mrs. Briggs identified him at once—he made no reply when charged at the Police-station.
JOSEPH ALLSOPP . I came down stairs after taking a rest on the morning in question, and saw a young man in the shop behind the counter—when he saw me he fired at me—I was struck in the stomach and staggered—he went past me down the passage, and fired again—the prisoner is the man—I picked him out from about 12.
The prisoner, in his defence, on oath, said that he was in a public-house when a constable came in, and said he should take him on suspicion of committing a burglary and shooting; that he was taken to the station and unsatisfactorily identified.
Witnesses for the Defence.
THOMAS ROBERTS . I am a plasterer—the prisoner is my son—we live about three miles from Bow Common Lane—we went to bed about 12 on July 23rd—at about 12.45 he woke me, retching—I went to him, and visited him several times during the morning between 2 and 3, and called him at 4.30 to so to his work at Clarke's, the biscuit factory—he said, "I feel so queer, I can't go," and he remained in doors till the afternoon—in the evening he was arrested on suspicion—I heard of it about 9 or 10 p.m.—I and my wife gave evidence before the Magistrate.
Cross-examined. I was at home when my son came home at 11.30 on July 23rd from work—he had been seeing his young woman—he then retched, and fetched up blood—he sleeps in the next room to me—I was was with him between 2 and 3, and called him at 4.30—no doctor attended him—he did not go to the hospital—the London is the nearest; about two miles—I did not go to the Police-station when I heard he was arrested—I have had seven years for larceny and seven years' police supervision 30 years ago, and a month in 1887.
CATHERINE ROBERTS . I am the wife of the last witness—my son lives at home—he came home with sickness and diarrhoea at 11.30 p.m. on July 23rd—he did not go out till 5.30 the next night—he had fried fish and potatoes for supper, which I think upset him—he did not see a doctor—he had a couple of eggs for his breakfast—I did not get him any medicine.
Cross-examined. I heard him in the night—I did not see him after till 8 the next night.
MARY ANN DAW . I live next door to the last witness—I saw the prisoner come home with my husband at 11.30 on July 23rd, and at 11.45 he was sitting on the doorstep eating fish and potatoes—I bade him "Good night"—that is all I know about it.
The prisoner, in his defence, said that he came home more dead than alive, and was in bed at the time in question.
GUILTY .—He then PLEADED GUILTY to a conviction of felony at the Thames Police-court on March 3rd last. Four other convictions were proved against him.— Twelve Months' Hard Labour.
MR. LAWLESS Prosecuted, and MR. HUTTON Defended.
ABRAHAM ROSENTHAL . I am a fresh water fish dealer, of 12, Wentworth Street—the prisoner was in my employ for four weeks, and I discharged him on July 13th—his wages were 25s. a week, but I have paid him as much as 35s.—he was working for someone in the same line against me, and I was afraid of him—I had a customer in Holland named Aaronoswski—on July 7th I sent him a cheque for £5, and received a consignment of fish from him value £2 6s. 8d.—I wrote to him for the balance, and he replied that he had sent the fish.
Cross-examined. I was carrying on a drapery business—the prisoner did my father's correspondence—this letter is in Dutch, and is in his writing—(This letter, dated July 15th, was interpreted as an order for fish to Aaronowski, and purported to be signed by the prosecutor.)—the prisoner left my father's employ on July 13th.
ABRAHAM ROSENTHAL (Re-examined). I did not give the prisoner authority to write that letter—at that time Aaronowski owed me £2 13s. 4d. worth of fish—I applied for the warrant—he was not arrested at once, being in Holland—he is a Dutchman.
Cross-examined. He did my correspondence, and he wrote to Aaronowski on July 7th to send me fish, and sent a cheque in my name—I cannot write—I did not promise him £2 a week, or a commission on the sales—I sent £5 to Jacobs and Baison in Holland, and received from them £2 10s. worth of fish—I did not take £1 off the prisoner's wages when he left—he did not say that another 30s. was due.
By the COURT. I did not know, when he left, that he had written to Aaronowski.
ISAAC ROSENTHAL (Re-examined). The prisoner said he would summons my father for a week's notice—I marked the date in the calender, July 13th—my father has had two men in his employ during the last 12 months—I did not write anything down about them because they were honest and the prisoner was not—I cannot say whether he said he would take £1 out of what the fish sold for, and pay him the balance.
WILLIAM B. WARE . I am a carman in the employ of the South Eastern Railway Company—this delivery sheet of July 19th, 1900, shows that I delivered on that day two baskets of fish to E. Dreesden at 13, Little Alley Street, Leman Street (Produced, marked E.D.)—I got this receipt from the prisoner, who paid 6s. 8d. for the carriage.
WILLIAM BROGDEN (Detective H). I received a warrant for the prisoner's arrest on August 21st, and found the prisoner detained at Clerkenwell Police-station—I read the warrant to him—he said, "This is all simply because I wanted to work for Ruder and left Rosenthal; I have got the fish; I owe Rosenthal 30s. for it, which I will give him"—he said, "At that time I was in the employ of Rosenthal"—I searched the prisoner and found on him that receipt for the fish.
The Prisoner, in his defence, on oath, said that he was employed by the prosecutor to correspond with Holland and buy fish there and sell it outright; that he had several times been so employed by him, and the last time at £2 a week; that one week he was paid 35s., another week 25s., another 30s., and the last week £1; that he left the service on July 20th, and let the prosecutor take £1 out of his wages for fish he had received; and that he wrote the order produced by his authority, and that the fish came to his (the prisoner's) house by his authority, so that he should sell it, which he did, for £2 5s.; that he was willing to bring the prosecutor the 30s. he owed him, but he kept out of his way.
The prisoner received a good character.
NOT GUILTY .—There was another indictment against him for obtaining the goods by false pretences, upon which no evidence was offered, and a verdict of NOT GUILTY was taken.
THIRD COURT.—Thusrday, September 13th, 1900.
Before Mr. Common Serjeant.
MESSRS. J. P. GRAIN and J. PETER GRAIN Prosecuted, and MESSRS. LYNCH
and RODERICK Defended.
CLAYTON CAMPBELL HARRIS . I am a general practitioner, and was the Senior Medical Officer at the Western General Dispensary, Marylebone Road, in June last—on June 6th, about 6.30 p.m., I dined with Dr. Thompson and Dr. Unwin at the Western Dispensary—we always dine there as a rule—Dr. Thompson was a visitor—some time after dinner we went to the Metropolitan Music Hall, Edgware Road—we stayed there about an hour and a-half—as Dr. Thompson was not feeling well, we went back to the Dispensary, from there we took a 'bus and went down Piccadilly to the Criterion bar—we were sober—Dr. Unwin and I had a bitter each—Dr. Thompson had a plain soda—I think it was about 11 p.m.—from there we went to Challis's opposite, and we all had the same there—we stayed a few minutes—then we went to Brewer Street, to the Glass-house Stores—that was before 12—I asked for a soda split between the three—whilst it was being served the barman said, "Won't you have brandy in it?" in a nasty way—I said that I only wanted what I had asked for, and "I do not want any of your impudence"—he said he did not want any of my impudence, and that he would not have any—the landlord pulled my nose across the counter, and I was struck in the face—I saw he looked dangerous, and tried to get out of the bar, when both Laws and the barman jumped over the counter, rushed to the door before I did, and tried to prevent my egress—I had said I would go and fetch a constable, and that, in my opinion, irritated him—I squeezed by and got out into the street—the first thing I saw was the prisoner strike Dr. Unwin in the face in the passage—then he rushed out of the house with this long shutter-pole (Produced)—he had not it in his hand when he was striking Dr. Unwin—he struck at me—I held my stick up and saved the blow, but he broke my stick—I slipped back—he rushed to the side of the street where Dr. Thompson was, who had followed us—we were then in the
street, and quite off the premises—I saw him strike Dr. Thompson with that pole, and he fell—he managed to get on to his feet again, and was immediately struck down by Laws with the pole—I called out "Police!" and "Murder!"—Dr. Thompson, after being struck down the second time, crawled practically on all fours across the road, but did not get to the opposite kerb, and then he rolled over on his back—within a few seconds two policemen came—Dr. Thompson had not said a word inside the place to the prisoner, and I saw no one strike him—it is untrue that either of us vomited in the house, or misbehaved ourselves at the Metropolitan.
Cross-examined. I am now staying at 12, Brentford Square, Bayswater—I left the Dispensary six or seven weeks ago—I have not asked for a testimonial—Dr. Unwin is a qualified man—he had resigned before this accident—we lunched about 1 o'clock, and dined at 6.30—our con duct to the barmaids at the music hall was not offensive—we were not requested to leave; we left because Dr. Thompson was unwell—he made something up for himself at the Dispensary—he intended to go to the Seamen's Hospital—we had no discussion at the George, nor challenge a young butcher to fight, nor get ejected from any house—I had not seen Roberts before—I did not try to go into any club—we were sober—I believe we sat on stools, but I did not notice—the landlord was present the whole time—none of us touched the prisoner—the barman, in serving, did not say, "Give me a chance," nor, "I cannot sweep up the filthy mess"—no foul language was used—we were not requested to leave; they seemed to want to keep us in—Laws was not assaulted outside.
WILLIAM DAVID TRAILL THOMPSON . I was house surgeon at the Seaman's Hospital on June 6th, when I dined with Dr. Harris and Dr. Unwin at the Western General Dispensary, and afterwards went to the Metropolitan Music Hall with them—we went back to the Dispensary, and afterwards to the Criterion Restaurant, I think in a cab—I had soda water, the others had beer, at the Criterion and at Challis's—from there we went to the Glasshouse Stores in Brewer Street—I only saw the barman at first—Harris asked for soda water—the barman said, "I suppose you mean brandy" or "three brandies"—Unwin said that we did not want any of his impertinence—then the prisoner came up and asked what was the row, noise or dispute; something of the sort—the prisoner then reached over the bar and pulled Harris's nose and hit him on the face with his fist—I have been qualified to practise six years—Harris said he was assaulted, or would get a constable—I was perfectly sober—I had not been ordered to leave the Metropolitan Music Hall—we had not been offensive to females there—I have no recollection of having been to more than three places—the landlord jumped over the bar—all I recollected after that till I got out was being hustled into the street—then I felt a blow on my head, then a second, and I do not remember any more—I was taken to the hospital, and remained five weeks all but a day—I now suffer from trouble with my speech, loss of memory and general upset.
Cross-examined. I did not at first see the landlord in the bar—I heard no bad language—I do not remember being asked to go out, nor any of us striking the landlord or barman—I did not seethe landlord's face streaming with blood—I heard he had been bleeding.
PERCY BROOK UNWIN . I was medical officer at the Western General Dispensary on June 6th—I dined there with Drs. Harris and Thompson that day, and afterwards went with them to the Metropolitan Music Hall and to the Criterion by cab, after that to Challis's—we were not turned out of the Metropolitan, nor asked to leave, and no complaint was made of our conduct to young women behind the bar—I had a glass of bitter and Dr. Thompson a soda—then we went to Challis's and had the same there—at the Glasshouse Stores Harris asked for a large soda split between three—the barman said, "I suppose you will want brandy?"—Harris said, "I do not want any impudence from you"—the barman said he would not have any impudence from him—Harris was immediately struck in the face by the prisoner—the barman rushed over the bar, the prisoner following on the heels of the barman—I went out, too, and there was a scuffle—the prisoner jumped over the bar—the barman went first into the passage with Harris and Thompson and the prisoner, and we eventually got into the street—in the passage there were a few fists flying about—in the street the prisoner hit Thompson on the head with this shutter pole and knocked him down—he staggered on to his feet, and was knocked down a second time by the prisoner with the pole—an officer came up and took Thompson in a cab to the Middlesex Hospital—he was unconscious after the second blow—I did not see how the pole was broken—between Challis's and the Stores we had been into another house.
Cross-examined. I recollect seeing Saville, but not the house I saw him in—I do not recollect Roberts—I had a Scotch and soda in the other house—Saville was in the same compartment as we were—I did not hear Harris challenge Saville to fight—I did not say, "You b—well won't fight"—no one requested us to leave—I was not cross-examined at the Police-court; I was too ill to attend for cross-examination.
THOMAS DUFTON . I am a clerk, of 57, Charlwood Street, Belgravia—on June 6th, about 12.15 p.m, I was coming down Great Pulteney Street—when in sight of the Glasshouse Stores I saw the three doctors being pushed out in a squeeze—I next saw the prisoner Laws take this shutter pole from the barman, who was pulling down the shutters, and strike at the nearest doctor, Thompson—he struck him with both his hands on the pole very violently about the head and shoulders about nine times—I saw the pole broken, and a piece fly across the road as the prisoner was striking Dr. Thompson—I did not see any blood on the prisoner's face—one doctor, I think Thompson, called "Police!"—the parties were strangers to me—I gave my name and adress to the police that evening, and afterwards a statement.
Cross-examined. I did not see the prisoner's coat, nor whether the pole struck the pavement—the doctor was not knocked down twice—he tried to get up and fell.
GEORGE TRAFFORD . I am a tailor, of 46, Brewer Street, next door to the Glasshouse Stores—on June 6th, about 12.15, I was looking out at my window on the second floor—I had a full view, and saw a rush of several men outside the Stores door, the prisoner amongst them—I now recognise the three doctors—the prisoner struck out with this pole—one of the blows caused the man to fall in the road—the prisoner stood over
him, raised the pole twice above his head, and struck him on the ground—I rushed downstairs—when I got outside the prisoner was going inside his house—half of this pole was picked up by a bystander and passed to a policeman in the house—I saw the prisoner's face—it was not streaming with blood—I saw no attack on the prisoner—the doctors were strangers—I know the prisoner as the landlord of the house.
Cross-examined. The lamp is over the public bar—these men were ejected from the saloon bar—I never took my eyes off the prisoner.
JOHN WILLIAM PARLOUR . I am a tailor's assistant, of 5, Little Marlborough Street West—about 12.15 on July 7th I was in Lower James Street, at the corner of Sherwood Street, about 150 yards from Brewer Street—I heard a shout of "Police!"—I ran towards the Glasshouse Stores, and saw Dr. Thompson lying in the road against the kerb—I saw the prisoner with the half of this stick with the hook on it in his hand striking Dr. Thompson—I shouted, "Don't strike the man like that"—the prisoner said, "Look at my face"—I looked, but did not see anything wrong with his face; I did not see any blood on it—the prisoner went into the house with that end of the stick—I followed the policeman into the passage, and saw the stick standing in the corner of the bar—I noticed wet blood-stains, and told the policeman—about a dozen people had collected—I did not know the parties.
Cross-examined. I distinctly saw the prisoner strike the doctor twice with the broken piece with the book on it on the head—Dr. Thompson fell on the kerb stunned, rose, went about two yards, and fell senseless—Laws looked calm and collected—I only took a glance at his face.
SAMUEL FREESTONE (398 L). I was in Great Pulteney Street, and heard cries of "Police!" and "Murder!"—I ran down Brewer Street, and saw Dr. Thompson lying insensible in the road—I took him to Middlesex Hospital—he was bleeding from his mouth and head, and apparently unconscious.
JAMES STEPNEY (234 C). I came on the scene about 12.20 on June 7th—I saw Dr. Thompson in the cab—I went into the Glasshouse Stores and saw the prisoner standing on the public side of the bar—his head was bleeding on the left side from two wounds—I asked him what was the matter with his head—he said, "Someone has hit me"—I asked him if he could identify anyone—he said, "No, I could not"—I said, "I have been told that you are the man that assaulted the man who had gone to the Middlesex Hospital"—I had made inquiries in the street and received information from Trafford—the prisoner said, "I did not strike him, and I do not know who did"—I said, "Where is this long arm; who does it belong to?"—he produced both parts of it and said, "It belongs to me"—I said, "There is blood on it, and it is broken; how did this happen?"—he said, "I do not know; all I know is that I have been struck on the head by someone, but I do not know who did it"—I said, "Where was it done, in the bar, or outside in the street?"—he said, "Outside"—I asked him, "Why did you go outside?"—he said, "I wanted to get them away"—I said, "I am now going to the hospital to see the man, and if he is seriously injured I shall require you to come to the station"—I went to the hospital and made inquiries, and back to the Glasshouse Stores—I said to the prisoner that "Dr. Thompson has
been detained at the Middlesex Hospital suffering from a fractured skull, and I am now going to take you into custody for wounding him"—he said, "Well, I am very sorry he is so bad"—I saw Unwin, Harris and the injured man at the hospital—the prisoner was sober; Unwin was under the influence of drink; Harris was drunk.
Cross-examined. The prisoner appeared dazed—he was smothered in blood, which was running down his face and down his clothes—one wound was about 1 1/2 in. long, and another about the same, just above his ear—upon my advice he went to Charing Cross Hospital, after I had been to the house surgeon of our division—the house is well conducted as far as I know, and the prisoner is a respectable, peaceable man.
WILLIAM HART (Police Inspector, C). About 2 a.m. on June 7th prisoner was brought to Vine Street Station by Stepney—I told him he would be detained—after making inquiries, about 5 a.m. I told him that Dr. Thompson had been serious✗ly assaulted, and was lying unconscious at Middlesex Hospital, and that he would be charged with wounding him—in answer to the charge, he said, "I deny having assaulted him; someone struck me, and I had to go to Charing Cross Hospital, but I do not know who did it"—Dr. Thompson was not able to give evidence till July 13th.
Cross-examined. Drs. Harris and Unwin came to the station with the prisoner and accompanied me to the hospital—Harris was drunk, Unwin had been drinking—I know nothing against the prisoner—he was sober—his clothes were covered with blood—his head and face were strapped with plaister.
Cross-examined. He made a statement in the presence of the warder which these clothes and handkerchief confirm—they have been in the custody of the police since July 9th.
WILLIAM THOMAS MULLENS . I was surgeon at the Charing Cross Hospital on June 7th—the prisoner came there about 1.25 a.m.—he had two wounds, one lacerated, about 1 1/2 in. long about the centre of the forehead; it had divided the superficial part of the scalp, but not gone down to the bone—it was probably caused by a blow—the other wound was similar in depth on the left temple, and about 3/4 in. long—it was deeper than the true skin, but not to the bone.
Cross-examined. Considerable violence was required to cause the wound—the collar of his coat was covered in blood—he appeared rather dazed.
FRANCIS DAWSON BLANDY . On June 7th I was house-surgeon at Middlesex Hospital—about 12.30 a.m. on June 7th Dr. Thompson was brought to the hospital, unconscious and suffering from a compound depressed fracture of the vault of the skull on the left side, and several other injuries about the face and body; some were incised wounds, and some coutusions—they might have been caused by being struck violently with this pole—he was taken to the ward, and the operation of the elevation of the depressed bone performed—the injuries may possibly, but not necessarily, be permanent—he has still an incomplete vault to his skull, and he says that he suffers from loss of memory and something wrong with his speech—up to June 9th or 10th he was in danger of his life.
Cross-examined. The wounds in his face could have been caused by a closed fist in a fight—the fracture was probably caused by one blow—the bruises on the loins and back of the arms might also have been caused by this pole.
The prisoner, in his defence, upon oath, said that the three men were drunk, vomited in the bar, and used foul language, and when he ejected them he was thrown into the street on his knees, and struck; and that he did not recollect striking Dr. Thompson.
GUILTY of unlawful wounding under great provocation. Five months in the second division.
OLD COURT.—Friday, September 14th, 1900.
Before Mr. Justice Bucknill.
(For cases tried this day see Essex and Surrey Cases.)
NEW COURT.—Friday, September 14th, 1900.
Before Mr. Recorder.
MR. BIRON Prosecuted.
JAMES SMITH . I am a labourer, of Edgware—on July 9th I was at Mill Hill—about 8 o'clock a.m. I saw the prisoner and another man—I did not know either of them before—Hare and a man (not here to-day) came up and asked me if I had any money—I said I only had what I wanted for my breakfast—they used bad language, and said it was false—the other man struck me on my mouth and said, "There's your breakfast"—Hare then came up, and said, "I will have a cut at him," and struck me over my right eye—the doctor had to stitch it up—I fell in the road, with Hare on top of me—he said, "Do not put it on," and kicked me on my leg—I heard my leg go click, and said, "You have broken my leg"—the other man was a little distance off, and said, "We had best clear out; his leg is broken"—I saw no more of them until I was put in a cart by an old gentleman—after I had gone about two miles I saw those men outside a public-house—about 100 yards from where I saw them, I called a policeman, who drove back with me and arrested Hare—I stated in the policeman's presence and Hare's what I have stated to-day—I heard Hare say that he admitted striking, but not kicking me—he struck me over the eye with a kind of pipe, which I did not see—the blow could not have been done by a fist, as I was nearly blinded.
By the COURT. I went into the hospital on July 9th, and was taken away from there on August 17th—I have been in bed in the Infirmary till to-day—I was taken to St. Mary's Hospital, Paddington, in this cart—I came from the Infirmary this morning—from what the doctor says, I shall not be able to walk for some time, as my leg will never get well.
Cross-examined by the Prisoner. You asked me for money—I did not take up this money from a table of a public-house, nor did I see you until next morning—I lodged at the public-house you mentioned on Sunday night—I did not say, "If you want anything out of me you will
have to fight for it"—when you asked me how much I had got I said, "Enough for my breakfast"—I knew nothing of you previously—I was never that way before until the previous night.
RICHARD HUTCHINGS (587 S). I was present when Smith pointed out Hare as the man who had assaulted him—Hare said, "I did not do it,"—but on the way to the station he said, "I own I hit him, and he deserved it, but I never kicked him"—he said the same thing after being charged.
HARRY NEWTON MATTHEWS . I am house-surgeon at St. Mary's Hospital—Smith was admitted there on July 9th—he had a out about 1 in. above the inner side of his right eye, which I stitched with two stitches—it was not a serious cut, and might have been caused by a f✗at—his left knee-cap was fractured in several places—that might have been caused by a kick—he was in St. Mary's Hospital until August 7th, and is now in the Infirmary—he will never have the use of his leg again—we kept it bound up till the fragments united and then put it in plaster of Paris—the state of the knee can be ascertained by taking off the plaster of Paris—I have not examined him since he left the hospital.
FREDERICK EARL . I am divisional surgeon—Smith was brought to me by the police on July 9th—I have seen him on several occasions since, but not to strip and examine him—I saw him last on August 22nd—his leg was very painful then—I believe he is wearing a splint now—he is now under Dr. Penley at Henley Union Workhouse Infirmary—his leg will never be sufficiently well to allow him to do real hard work, such as would enable him to earn his living—the knee-cap is broken, which is more serious than the leg itself, and is more difficult to heal—it is broken in several places—one fracture is serious, and increases the difficulty of a proper junction.
The prisoner, in his defence, stated that he hit the prosecutor, but did not kick him.
GUILTY .— Five Years' Penal Servitude.
No evidence was offered.
NOT GUILTY .
MR. KYD Prosecuted.
CHARLES SMITH (City Detective). About midday on August 20th I saw both the prisoners on Holborn Viaduct—Hazel was loitering near the north-west steps of the Viaduct—he then walked about four yards up the Viaduct and joined Pearce, who was standing back in a gateway—they stood apparently in conversation for some minutes—Hazel then left Pearce and went straight across to "The Don"—I saw him bending over the counter, where there was a lot of clothing—Pearce was on the opposite side of the road looking in various directions—I and the other detective officer stood opposite in a doorway—we saw Hazel come out of the shop, look up and down the road, and then walk across the road and join Pearce—they then went down to the Chatham
and Dover Railway Station—Hazel said something to Pearce, and then went to the first-class waiting-room—shortly afterwards Pearce joined Hazel in the waiting-room—they then went to the urinal—I spoke to Hazel, and the other officer to Pearce—Pearce was about two or three yards from me, and heard what I said—I said to Hazel, "We are police officers; what have you got in your coat?"—he said, "I have some clothing which I have just brought from my warehouse in Houndsditch"—I said, "Let me look"—he took the leg of this pair of trousers from the lining of his frock-coat. which was cut across, and the trousers placed therein—I told him to accompany me back to The Don Clothing Company—the other officer took Pearce—they were both charged with being concerned together—they were together about 10 minutes previously to going into the shop, and about 20 minutes altogether—Dancer was with me all the time.
GEORGE DANCER (City Policeman). I was with Smith on August 20th—I watched these two men—when Hazel was arrested at the corner of the Old Bailey, Pearce said, "I do not know anything about this; I only met Hazel this morning"—we took him back to The Don, and from there to the station—he made no reply to the charge when it was read over to him—I found on Pearce a new sheet of brown paper with these things in it, and this Testament and this book, "Our Work."
WILLIAM GEORGE REEVE . I am clerk to Tom Edward Donne, who trades as The Don Clothing Company, Holborn Viaduct—these clothes belong to my firm, and they are of the value of £1 12s. 9d.—they have not been sold—I do not know these men—I first heard of them when they were brought back by the police—one of the articles was on the counter, and one in the fixtures—the articles were in such a position that anyone coming into the shop in the ordinary way of business might have easily taken them—I know they have not been sold, because there is a mark on them, but the tickets have been taken off—I never saw Pearce in the shop.
Pearce, in his defence, stated that he was looking for work, and met Hazel, whom he had known many years, and that they went together to look for a job; that Hazel left him, and he did not know that anything was wrong; and that he had the brown paper because he had been promised a pair of trousers. PEARCE— NOT GUILTY . HAZEL then PLEADED GUILTY to a conviction at Greenwich on January 14th, 1898, and three other convictions were proved against him.— Nine Months' Hard Labour.
THIRD COURT.—Friday, September 14th, 1900.
Before Mr. Common Serjeant.
MR. MOORE Prosecuted.
JOHN ARTHUR LLOYD . I am a horse-keeper, of 29, Little Edward Street, Regent's Park—on July 20th, between 8 and 9 p.m.. the prisoner, who is a builder and decorator, was on the door-step calling to someone upstairs—I said inchaff, "You are at the old game again"—I received
a blow on my chest and fell—he struck me on my side—I was taken to the hospital, and remained there six weeks and two days.
Cross-examined by the prisoner. I had no bradawl about me—I did not knock you down—there is a board over the door, "Builder and Decorator."
CAROLINE GRIBBLE . I live in William Street, Hampstead Road—on July 20th I went to see my daughter at 8, Little Edward Street, where the prisoner lives—she is his lodger—he asked her for his rent—her husband is out of work—we were going through the passage, and he was calling us dreadful names, and abusing us—I said, "You might speak to her husband about it, and not talk to her; she can't help it"—Lloyd came up and said, "What, at it again? You are always at the poor woman; why don't you leave her alone?"—Olive said, "I am not talking to you; clear out," and pushed him violently—my daughter and I went outside to find her husband, and I stood holding her baby on the pavement—Lloyd went into the middle of the road, took his coat off, and wanted to fight Olive, and went to hit him by the street-door, as Olive was against his own door, and Lloyd put his coat on and staggered against me and the baby, and fell—he got up and staggered back into the roadway, and his brother-in-law picked him up and set him on the door-step, and I took him up stairs.
DAISY COLLIER . I was 14 on January 12th—I live at Little Edward Street—I remember the quarrel going on between Mrs. Gribble and Olive on January 20th—Lloyd went and interfered—he said, "I do not think you are any man to say what you do to the wives and children down the street"—Olive said, "You go and mind your b—business," and pushed Lloyd, who pushed Olive again, and took off his coat to fight—Olive went inside his room—he had had some drink—Lloyd hit Olive on his face twice before he took his coat off—Olive came out immediately with a bradawl in his hand, stuck it in Lloyd's side, and threw it in his room again—then they fell—Mrs. Wright's husband picked Lloyd up off the door-step, and, with a man next door, carried him upstairs—Olive went into his room and shut the door.
Cross-examined by the Prisoner. I have not been paid to come as a witness—I was at the Police-court.
ARTHUR CUBLEIGH . I was medical officer at the London Temperance Hospital on July 21st—Lloyd was brought there at 5 a.m.—I casually examined him, but did not find any wound—he complained of great pains in his side and abdomen, and was so collapsed that I had to admit him up to one of the beds—later on, on a thorough examination, I found a fine punctured wound in his left side, in the ante auxiliary line just below the sixth rib—I should characterise it as serious—a bradawl would cause the wound—the silver probe went in 1 1/2 in.—when I left the hospital he was not in danger—he was in danger when he came in—the left side of his chest was filled with blood up to where the wound was causing a depression on the lung, and I fancy the lung was slightly wounded as well.
Cross-examined. I told the Magistrate the wound could be caused by his having something on him.
and should arrest him for stabbing John Arthur Lloyd, whom I had just seen at the Temperance Hospital, that the case was very serious, and I cautioned him that what he said might be used in evidence against him—I said, "You were seen to stab him, and the man rolled round and fell down outside of your door"—he replied, "I did not stab him; if he was stabbed it was done by someone else outside; Lloyd came across here last night when I was having a few words with my lodger about paying her rent; he pulled off his coat to fight me, and struck me a blow in the eye"—Lloyd lives opposite—I examined the prisoner's eye—it was discoloured as if it had been recently knocked—the charge was read over to him, at the station—he said, "I did not stab him."
The Prisoner, in his defence, said that he was interfered with and knocked down, and defended himself, but did not stab Lloyd.
GUILTY of unlawfully wounding under extreme provocation. Several complaints of the prisoner's conduct had been received by the police, and Daisy Collier deposed to his threats and bad language. Six Months' Imprisonment.
MR. HARVEY Prosecuted.
JOHN FRANCIS SULLIVAN . I am a Customs officer, of Emerson Street, Bankside—on Friday, August 3rd, about 1 a.m., I was going home towards Whitechapel—I was standing opposite Aldgate Station, when all of a sudden I was jostled—I felt a hand in my back trousers pocket—looking round, I saw Dryscoll—the moment I caught sight of his face he made off with two others—I heard money chink on the pavement—the police gave chase and caught the three—I had four loose sovereigns and some silver, this bunch of private keys, and this official key—I next saw the keys at the station.
Cross-examined by Dryscoll. I have said that I had been leaning up in the corner—I was looking at the clock.
Cross-examined by Martin: I cannot identify you, nor the third boy.
THOMAS BETTERIDGE (City Detective). I was with Cole and Clements in Aldgate on Friday morning, August 3rd—I saw the prisoners with a smaller boy—the prosecutor was walking in the direction of Whitechapel—when past Aldgate Station the prisoners and the boy followed him to within about 20 yards of where the trams stop, a few yards behind—we three officers followed on the opposite side—we were in plain clothes—the prosecutor stopped under the front of a butcher's shop, and was out of our sight, as it was a bit dark—we started to cross the road in the direction of the boys—they ran away—at the same time we heard a sound of money falling on the footway—we ran after them—I caught Martin, Clements caught Dryscoll, the other officer caught the boy—we took them to the Minories Police-station—the prosecutor came on to the station, where
Dryscoll appeared to have something in his mouth—we forced him to open it, and found two sovereigns, and on further search a sovereign dropped out of each boot at we took them off—on taking Martin from the muster-room to the charge-room I found this key immediately under where he had been sitting—Clements found this bunch of keys on Martin, and in his hip pocket 7s. 2d.—he said, "Only a shilling of that belongs to him," pointing to the prosecutor, "the other if my own"—on being charged neither made any reply—this toy pistol was found on Martin.
Cross-examined by Dryscoll. I suspected you, and you ran away immediately we attempted to cross the road.
Cross-examined by Martin. You were all three standing together conversing—I had a job to catch you.
CHARLES CLEMENTS (976,City). I was with the other officers in plain clothes on Friday, August 3rd—I ran after, and caught Dryscoll at Aldgate corner, Blackhorse Yard—he threw something on the ground—I afterwards found this bunch of keys, which the prosecutor has identified—I saw the two sovereigns found in Dryscoll's mouth and one in each boot.
Cross-examined by Martin. I followed you from Jewry Street, opposite Aldgate, a distance of 120 yards, not a great way from the tramcar.
Martin, in his defence, said that he was walking along by himself, heard the fall of money, and picked up a shilling, when he was caught; and that he asked the prosecutor if he had robbed him, and he said "No."
GUILTY .—MARTIN then PLEADED GUILTY to a conviction of felony at the Thames Police-court on November 1st, 1899; another conviction was proved against each prisoner.— Eighteen Months' Hard Labour each.
OLD COURT.—Saturday, September 15th, 1900.
Before Mr. Justice Bucknill.
MESSRS. AVORY and STEPHENSON Prosecuted, and MR. TRAVERS
MARY JUDD . I live at Worthing, and know the prisoner as a solicitor—I had lent £500 to my son-in-law, Mr. Tait—in August, 1898, I took a paper referring to this money to the prisoner, and asked him if it was correct—his office was then in the Euston Road, and he wrote to Mr. Tait about the matter—on September 9th, 1898, I went up to his office and saw Mr. Tait, who produced £500 in bank notes to repay me, also £4 4s. for interest—this money was all put on the table—I said I would pay costs, because I did not wish my son-in-law to suffer by my mistake—I paid £4 14s. 4d. for costs—this is the receipt now handed to me—Mr. Tait then went away, but the notes remained where he had put them—I told the prisoner that I wanted the money—he said it was too late for me to put the money in the bank that day—I replied, "I have no money to keep myself"—he said, "How much do you want?"—I said, "I want £100 certainly now, but even if the hour is too late to put away the
money I can take it with me, because I have had larger amounts in my care"—ultimately I took £100 in notes away, and the other £400 was left with him, because he insisted that it was not right that I should go away with such a large amount—I wanted to put it in the Post Office Savings Bank, which I understand—he said, "You must come up and get the £400"—as far as I know, the letter now handed me, dated October 14th, is the one I wrote to the prisoner—it is true the letter stated I wanted to settle about the £400 before I went to my work, and points out that he promised to do his best for me—after writing that letter, I came up to London and called at his office a great many times, sometimes twice a day—the first time I called after writing that I was told he had gone to Russia—that made me feel very ill, because I felt I had been done—on November 9th I got this letter from him: "If you will kindly call on Monday next, the 14th inst., I shall be prepared to settle matters with you"—I next got this letter from him (Produced), stating that it was impossible for him to keep the appointment at 3 o'clock, and stating that he must therefore postpone it until the Thursday—I went on the Thursday also, and many more times, but could get nothing satisfactory from him, because he kept running in and out of his office—I have never had any more of my money from him—I then informed Mr. Tait of what had happened, and put the matter in the hands of Mr. Verrall, a solicitor, of Worthing—after this, Mr. Tait from time to time handed me various sums of money he had received from the prisoner—I do not know how much.
Cross-examined. Once before 1898 I went to the prisoner to do writing for me to secure some goods I had—Mr. Tait is my son-in-law—I lent him £500—I got an acknowledgment from him, but when the money was repaid the prisoner destroyed this—prisoner said he must get a proper security for my money or the title deeds—my daughter and son-in-law were angry at my going to a solicitor at all, and they said rather than give the security now asked for, they would repay the money; so in the afternoon of September 9th Mr. Tait repaid the money—no date was fixed to see the prisoner, and I did not see him again for about a month—no arrangement was made as to what he was to do with the remainder of the money—I said before the Magistrate that I had interest from the prisoner, but I say now that I had interest from Mr. Tait, not from the prisoner, from whom I could get nothing straightforward—I believe it is true that the prisoner and his man, Mr. Burder, said something about my getting my money from a large amount of costs of a lawsuit in Russia, but I did not understand properly, and I said, "It is nothing to do with me; I want the money to put away myself."
Re-examined. The prisoner said something about a gentleman dying in Russia, and that he had been there, but he did not say that he had used my money, nor did I authorise him to do so, because I wanted to pat it in the savings bank.
FRANCIS TAIT . I am a monumental mason, and live at North Street, Worthing—in August, 1898, I held £500, borrowed from Mrs. Judd—I received the letter of August 22nd from the prisoner, pointing out that on behalf of Mrs. Judd he must ask for a proper security, and that £10 penalty would have to be paid because the document was not properly
stamped, and further stating that if it were inconvenient for me to repay the £500, and with the view of avoiding the payment of penalty, I should give a promissory note and deposit the title deeds; but I wished to pay off the money, so on August 29th I drew out £400 from the London County Bank, Worthing, in ten £10 notes and six £50 notes, and one £100 from my own bank, the Capital and Counties—viz., 20 £5 notes—on September 2nd I came to London with this £500 in notes—I called and saw the prisoner at his office—Mrs. Judd was not there because I had wrongly addressed a letter to her—the prisoner suggested my leaving the money, although she was not there, but I would not—I therefore, on his suggestion, went there again on September 9th—Mrs. Judd was there so I laid the notes on the table, and obtained this receipt from the prisoner: "Received from Mr. Tait £400 and£100. Signed, H.M. SMITH, Solicitor, 164, Euston Road"—some time after, in consequence of what I heard, I wrote a letter, of which I have not kept a copy, but I got a reply on November 26th, 1898—(This stated that the prisoner did not like Mrs. Judd placing the money with an unknown boarding-house keeper, not knowing the liabilities attaching to the establishment, and that now he knew she was in good hands, he would gladly pay over the money, and that all he required was a letter signed by Mrs. Judd authorising him to hand over the money to him and asking her to write, when the witness would call)—in consequence of that letter I went to the prisoner's office, but he was not there—I saw his clerk—I called two or three times, but I did not see the prisoner—I also wrote several times—I kept no copy of these letters, but I had one or two answers from him—I remember Mr. Burder, his clerk, coming to me with £40—I cannot say whether this was before or after the letter of January 6th, 1899—Mr. Burder brought me, I believe, four £10 notes—on another occasion he paid me £17—he would not leave the £17 unless I gave him two receipts—he said something about the £10 being for principal and £7 for interest, which I did not understand, but I accepted it, as I was anxious to get as much money as I could for the old lady—I got a letter from the prisoner on January 6th, stating that, with a view of showing his desire of carrying out the arrangement proposed by me, the prisoner should send by Mr. Burder £25, and would discuss as to security being found for the remainder—I saw Mr. Verrall on the matter—I think the arrangement the prisoner had made was to pay me the money back on Mrs. Judd's behalf—Mrs. Judd gave me a letter authorising me to receive the money—I received from Mr. Verrall after this sums amounting to £75, which I handed to Mrs. Judd—at various times I received a total of £132—I did not understand that any of it was for interest.
Cross-examined. Rather than give a legal security, it was my wish to repay the amount—at the time I repaid the money the prisoner tore up the original security I had given, and with which he was dissatisfied, because, as he said, it gave Mrs. Judd no security—from September 9th, when I repaid the loan, I did not see the prisoner again until I saw him at the Police-court—I have no doubt that the first letter I wrote was on November 25th, which was answered by the prisoner on November 26th—the letter from Mrs. Judd authorising me to get the money from prisoner is as follows: "Dear Sir,—I, Mary Judd, beg you will hand, the money which you hold belonging to me, amounting to £400, to Francis Tait, and
I authorise the said Francis Tait to receive the £400 for me.—MARY JUDD. To Mr. Smith"—I never could see Mr. Smith after getting this letter—I had authority to give receipts on behalf of Mrs. Judd, and I gave receipts accordingly—I still say that I did not receive any money from the prisoner for interest—with reference to the £17, I said to Mr. Burder, "I will give you a receipt for £17"—he said, "No, I have strict orders from Mr. Smith to ask for two receipts, one for £10 principal, and one for £7 interest; he does not wish to do the old lady out of her money; he wishes to pay her interest for it"—I said, "I do not want any interest, I simply want the money"—I regarded it as a trick—I got all I could—I could not have got the £7 if I had not given the receipt—Mr. Burder told me unless I did he would take the money back—I cannot say that the two receipts (Produced) are the receipts I gave a but I know I gave them about three months after I had paid the money—I see they are written on my own paper: "Received of Mr. H.M. Smith a further sum of £10 on account of principal, £400, on behalf of Mrs. Judd, leaving a balance due to her of £350; this balance af £350 to be paid within a month from this date"—the other is: "Received from Mr. H.M. Smith the sum of £7 due from him to Mrs. Judd for interest at the rate of 7 per cent. per annum"—Mr. Burder promised that I should be paid within the month—on one occasion I refused to accept the sum of £25—on that occasion, which was about a month later, I took Mr. Burder to Mr. Verrall because he had brought only £25 instead of £350 as promised—I was anxious to get the money, and by instalments if I could not get it in any other way, and I made no arrangement as to interest.
Re-examined. I tried my best to get it in a lamp sum, but failing this, I took it by instalments whenever I got a chance.
WILLIAM BURDER . I was formerly in the Army—I am out of employment now—in September, 1898, I knew the prisoner—in consequence of a letter received from him, asking me to take charge of his office during his absence in Russia, I called at his office in Euston Road—he said he was going away in a day or two—I think it was about September 14th—on the first or second day after I went there I went with him to Baker Bros., outfitters, Tottenham Court Road—he bought an outfit, and paid for it with three £10 notes—on September 17th, or thereabouts, I went with him to Charing Cross, and took a ticket for him, and he started for Russia—I paid for the ticket with Bank of England note he gave me—I received letters from him from different places there—I conducted the business of his office in his absence—I only opened the letters; I was to go to a solicitor if I wanted anything—there was a clerk there named Mather—Mrs. Judd called and made a complaint to me—after the prisoner's return in November, I paid Mr. Tait, at Worthing, £40, and also £17, and on the prisoner's instructions I took two receipts, one for £10 principal, and one for £7 interest—there was a little difficulty with Mr. Tait about the interest—I told him I had instructions not to leave the money without taking two receipts—I also remember taking a letter enclosing £25 on January 6th, 1899, said Mr. Tait refusing to receive it—I then went with Mr. Tait to Mr. Verrall—I saw that it was a cheque for £25—Mr. Verrall refused to take it, and I returned it to the prisoner.
STANLEY RICHARDSON . I am clerk in the accountant's office of Charles Baker & Co., Limited, Tottenham Court Road—I received the £10 note No. 63785, on September 6th, 1898, in payment for hosiery—the other two £10 notes, 63789 and 63790, each were paid on September 14th, 1898, for clothing.
FRANK HARDING . I am a clerk at the London and County Bank, Worthing—Mr. Hedger keeps an account there—on August 29th, 1898, £400 was withdrawn—I produce an extract from the bank books, giving the ✗umbers of the notes paid out, 10 £10 and six £50 notes—the £50 notes are 64645 to 64650 inclusive, and the £10 notes 63785 to 63794 inclusive.
RICHARD DAVIES . I am a solicitor, at 46, Chancery Lane, as Richard Davies & Son—I have known the prisoner about four years—rather over a year prior to September, 1898, I had made him small advances—in September his total indebtedness was about £50—he gave me security on costs due to him in certain actions—on September 13th, 1898, he came to me and said that he was going to Russia on business relating to Luckman—he brought £250 in bank notes—I do not know the numbers or amounts—he said he desired to leave them with me, and arranged that I was to retain £25 in part payment of what he owed me—I was to hold the remainder to his order, as he would probably send for some during his journey—I said, "I am glad to see you in cash"—he said, "Oh, business is all right with me now"—I paid the notes the same day into the Union Bank, Chancery Lane—on September 16th I saw him again—he drew £30, which he said he wanted for the expenses of his journey—I think he cashed it next day—on September 21st I received a telegram from Brussels—in consequence, I sent £30 there to the prisoner's order—on September 28th I sent an order for £50 to him; on October 10th, £50; and on October 19th, £30—I did not send any more until I saw him again on November 15th, when I gave him £4—he said he had returned and had been successful in accomplishing his object, and he showed me various affidavits and papers which bore that out—on November 21st he drew another £100—the balance of £29 was made up by payments to his wife, his clerk, and other items—on January 6th, 1899, he called and told me as to the £400 matter with Mrs. Judd—he said serious consequences might ensue to him unless the money was repaid—he wished to borrow £25, which I gave him a cheque for—I find from my bunkers that that cheque was cashed on the same day—I got back notes from Mr. Burder on the 9th—since then I have made the prisoner small advances.
for board and lodging, and on that day he paid £15 10s. in two £5 notes, £5 in gold and 10s.—I paid the notes into the Wigmore Street Post-office Savings Bank—on September 17th the prisoner left for Russia—on September 27th Mr. Burder brought a note from the prisoner, in consequence of which I lent him £1—in September, 1898, the prisoner owed £181 1s. 2d. for board and lodging—I had already proved in his bankruptcy for that amount.
RICHARD HILLS . I am clerk in the Bank Note Office, Bank of England—I produce six £50 bank notes, numbered 64645 to 64650—No. 64646 bears Mrs. Judd's endorsement—I produce the other notes referred to in this case, and certain notes bearing the stamp of Wigmore Street Post-office, a £5 note, No. 57442, dated September 19th, and a £10 note, No. 63792, stamped Wigmore Street, dated September 19th.
ALFRED FRIER . I am managing clerk to Messrs. Holdsworth & Payne, solicitors, of Old Serjeants' Inn—we act for Mr. J. Edwards, a money-lender, of King William Street, Strand—in September, 1898, the prisoner was indebted to Mr. Edwards in over £1,000—on November 25th, 1898, the prisoner and Mr. Edwards' clerk called at our office to arrange the amount of principal and interest due to Mr. Edwards—the agreement was embodied in a document—the prisoner then required further money to carry on business, but I gathered that proceedings were likely to be taken by a lady—his object was to borrow money to enable him to proceed with certain actions—thereupon I drew up an agreement, and about £50 was advanced to him, and he signed a promissory note for £140—he was to have £100, the rest was for interest—we have not received the principal.
Cross-examined. The £1,000 he owed Mr. Edwards was the accumulation of years—he began to borrow a long time before 1898—Edwards has not proved in the bankruptcy; he relies on his securities—the agreement mortgaging the prisoner's costs to Edwards is dated November 25th, 1898 (Read)—I made inquiries as to Luckman's action—it is still proceeding—the other action is in re Cates—I have received out of court on behalf of Mr. Edwards £234 11s. 1d. and £8 19s. 8d.
Re-examined. "Re Luckman" is an administration action, and has been pending about 12 years.
CHARLES PRITCHARD . I am clerk to the Registrar of the Bankruptcy Court, Halifax, Yorkshire—I produce the file of proceedings in bankruptcy of Horace Melville Smith in 1884—a receiving order was made on the debtor's petition on April 7th, 1884—he left England, and was adjudicated bankrupt on April 16th, 1884—in January, 1887, he surrendered for examination—on January 15th he applied for his discharge—the statement of affairs on February 9th shows: liabilities, £4,700; assets, £765—on May 15th, 1887, application for discharge was made and refused—I do not know what dividend was paid, but the prisoner still remains undischarged under that bankruptcy.
WILLIAM GEORGE BEADLESTONE . I am messenger of the London Bankruptcy Court, and I produce the file of the prisoner's bankruptcy in 1897—acreditors' petition was filed on July 10th, 1897, the receiving order on November 11th, 1897, and the adjudication on February 21st, 1898—Jane Briton appears on the list of creditors for £181 1s. 2d.—the liabilities in amended statement of accounts show £322 16s., estimated
assets £870 19s. 3d., estimated surplus £548 3s. 3d.—I do not know whether a dividend has been paid—the prisoner is still undischarged.
JOHN KAIN (Police Inspector). On July 7th I saw the prisoner at the Police-court and told him I held a warrant for his arrest, not for this offence, but for another matter—he was arrested on that, and then this charge was made against him by the Director of Public Prosecutions.
GUILTY .— Eighteen months in the second division.
MR. C.B. MORGAN Prosecuted.
HANS LINDEMAN . I am master of the British ship Twilight, now lying in the South West India Dock, trading from West Hartlepool—the prisoner was one of my crew—he signed on at Penarth on May 18th—on August 24th the ship arrived in London, and she was in dock—I remember the evening of August 24th, about 7.30, when I was sitting in the mess room—the prisoner's rating is "A.B.", able seaman—when I was there he came to me and said "I want eight days' pay"—I said, "I cannot give it you; only seven days are due to you, not eight"—I counted the days out on my fingers to him—I then left the mess-room to go into my own cabin to a small side locker, to get a ready reckoner to make up the prisoner's account, and sat down, and he rushed into the cabin and shot me—I did not hear him say anything—the bullet struck me in the chest, on the breast-bone—I fell over—I could not see what he fired with—Coles and Lawry were with me in the cabin—as far as I know, Lawry and the chief mate seized the prisoner—I was taken to the Police-station to see the doctor, and from there to the hospital, where I was till September 6th—since then I have been an out-patient—I feel rather shaky now—the bullet has not yet been found.
Cross-examined by the Prisoner. The chief officer may have said that I would not pay you the day's pay in question, but I was the one to settle this with—you were not what is called a "runner."
JOHN WILLIAM LAURY . I am survey officer in the service of the London and India Docks Committee—on August 24th I was in the cabin of the Twilight—the prisoner came in and asked the captain for the money—I saw the captain sit down in order to reckon the prisoner's wages—the prisoner then came into the cabin and immediately presented a revolver at the captain and fired—he said nothing before he fired, but he afterwards said, "Take that"—the captain was struck by the bullet just upon or below the breast-bone—with the help of the mate, I seized the prisoner and took from him this five-chambered revolver (Produced)—the captain was kept in the cabin for a time, then taken on deck and handed over to a constable.
ALFRED COLES . I am clerk to the owners of the Twilight—I was in the cabin with Lawry on August 24th; the prisoner came within a few yards from the captain and shot him in the chest—he said nothing before firing, but afterwards he said, "Take that"; he was seized, and the revolver taken from him—I think he was drunk.
August 24th I was on the quay, and was called to the ship Twilight—I went on board and saw the prisoner on the gangway—I told him I should take him into custody for shooting the captain of the Twilight—he said, "All right, I know what I have done; I wish I had shot him dead; he has done me out of my money"—he was under the influence of drink—I charged him at the station with shooting the captain—the five-chambered revolver (Produced) was handed me by the chief officer when I went into the cabin; four of the chambers were loaded and one discharged—the prisoner claimed the revolver—in the Police-office he was searched, and five other bullet cartridges were found in his jacket pocket and twenty more in his kit-bag.
Cross-examined. Five cartridges and five sovereigns were found on you.
CALEB CARTER (Police Inspector K). I was at Limehouse Police-station on August 24th when the prisoner was brought in—I formally charged him with attempting to murder Captain Leideman by shooting—he said, "Yes, I shot him because he would not pay me my wages"—he appeared to be drunk—he treated the matter very lightly, and did not appear to realise the serious nature of his act.
SYDNEY HERBERT MORRIS, B.A . I am house-surgeon of Poplar Hospital—on August 24th I saw Captain Leideman when he was admitted there—he had what appeared to be a bullet wound in the middle of the breast-bone; this sketch shows the position of it—it was about a quarter of an inch in diameter, and there was very little haemorrhage from it when I saw it—I was able to pass in a probe for about 2 1/2 in. downwards and slightly to the right hand; I could have passed the probe further, but I did not—we took him to the ward—no serious symptoms developed, but when he came in he had very much collapsed; that soon passed away, and he made a very good recovery—he was made a day-patient on September 6th—while he was in the hospital the X-Rays were used upon him about 14 times, but the bullet could not be localised—I believe it is still in him.
By the COURT. If the bullet had not hit the breast-bone the wound would have been much more serious—if it had gone a little more to the left it would probably have caused death, so he had a very narrow escape.
Cross-examined. If the bullet had struck the breast-bone it might have fallen to the ground, but it did not.
Prisoner's Defence: When the ship arrived in dock and the men had been paid off, at the master's request I agreed to stay on, watch the ship for a week, and then go to Shields—in consequence of what I heard, I went to the cabin to ask the captain for rum money and money for watching the ship—he ordered me out of the cabin, which made me so wild that I put my hand in my pocket, took out a revolver and shot him.
GUILTY on the second count.— Five Years' Penal Servitude.
NEW COURT.—Saturday, September 15th, 1900.
Before Mr. Recorder.
MR. HENDERSON Prosecuted.
Newgate Street, watching Constable Woodham, who went back, and I watched them for some time—I then ran up a passage into Paternoster Square, and made a communication to a constable—we went back to Rose Street and watched the prisoners—they went down Christ Church Passage—Jones seemed greatly surprised at seeing me—I said, "What are you two men hanging about here for?"—he said, "Nothing"—I caught hold of him—he pushed me roughly aside—I got him by the throat and said, "Well, I must have the rule over you," meaning that I must see what he had got—I found in his right coat pocket this new padlock, and said, "How do you account for this?"—he said, "That is from where I work, and as for this man (Cliff), I do not know him"—he struck me several violent blows, and we both fell—assistance came, and I took him to the station, and found on him these two bolts, a box of matches, and a skeleton key; and on Cliff this bunch of keys attached to a chain, and this revolver—this jemmy (Produced) was found just inside the railings of the churchyard—Jones threatened me at the Police-court and at the station, but I did not take much notice, as I was bleeding from the injuries I received.
Cross-examined by Jones. You did not say, "Is this a thoroughfare?"—no one went down before you, except the watchman—there is a lamp.
Cross-examined by Cliff. I went away, but I am sure you are the same man, because I passed quite close to you; I was on the same side of the road in a dark place—these are ordinary street keys.
Re-examined. The passage is closed by gates at 6 o'clock.
BRADFORD WOODHAM (City Policeman). Sergeant Venner made a communication to me, and I saw the prisoners at Christ Church Passage talking to one another—there are two houses in the court, and then Christ's Hospital—I said to Cliff, "What are you doing?"—he said, "Nothing"—I said, "Have you got anything?"—he said, "Yes; some keys "—I said, "Come along with me"—he struck me on my chest when he saw the sergeant being knocked about—I got assistance and took him—in the dock at the Police-court Cliff said to Jones, "I have to thank you for this; it is through you that I am here"—Jones said, "No matter what time I get; as soon as I get out I will put a b—bullet through you."
FREDERICK GREENSLADE (City Detective). About 9 p.m. on August 27th, I went to Christ Church Passage and found this jemmy in the churchyard—there are railings there, and you cannot get in—Woodward pointed out to me the place where the prisoners were standing, and it was about five yards from there.
RICHARD MELHUISH . I am a locksmith, of 84, Fetter Lane—a number of keys were produced to me at the Police-court, and this one (Produced) is a skeleton key—it would pass any obstruction in the lock—you never make a key like this; it has been filed out.
JULIUS FITZGROVE (Police Inspector). I took the charge—I said, "You will be charged with the unlawful possession of this padlock and key" the officer said that he took them from the prisoner's pocket—the policeman inflicted a wound on the prisoner's forehead with the lock.
Jones' Defence: There might have been someone else to throw this thing away. When he took me by the throat of course I tried to
retaliate. If I had said that I would put a bullet through this man, do you think I would shout it out in the station?
Cliff, in his defence, stated, upon oath, that he had never seen Jones before; that when the constable got hold of him he said, "You have made a mistake"; that he had borrowed the key, and now returned it; that he wanted to pass through the passage to Little Britain, but an old gentleman said, "Not to-night."
GUILTY .—They then PLEADED GUILTY to previous convictions at Clerkenwell: Jones on May 10th, 1899; and Cliff, on October 4th, 1898. Five convictions were proved against JONES, and he had been twice sentenced to five years' penal servitude— Five Years' Penal Servitude. Two other convictions were proved against CLIFF— Three Years' Penal Servitude.
The GRAND JURY commended the conduct of the police, in which the COURT concurred.
MR. CONDY Prosecuted.
JOHN BLOCKS . I am an errand-boy—on August 24th, about 6.30, I was sitting on the grass in Chequers Alley counting some money which belonged to the firm, and saw the prisoners—I did not know them before—Edwards took the money out of my hand, while Goodger knelt on my chest—they were in charge of a coal cart near—I said, "Give me the money"—I went down Bunhill Row—they came back at 4.15, and I said, "Will you give me the money?"—they gave me 10s., and said they had not got any more—none of it had fallen to the ground—I was about a yard from their van.
ERNEST HILL . I am a labourer—on August 24th I was in Chequers Alley in charge of a coal van, and saw Blocks sitting down—Edwards went up to him, caught hold of his hand, and tried to take the money, but could not, and then Goodger caught hold of his hand, and Edwards got the money—I thought it was a lark at first, until the boy said that he bad lost 13s. 6d.—he asked them for his money; they said that they had not it—three-quarters of an hour afterwards I saw Edwards give him 10s.—he said that it was not enough, and Edwards said that he had not got any more.
JOHN FRENCH (295 G). On August 24th I was in Bunhill Row, and I saw the prisoners unloading coal—the boy said, "These men have robbed me; that one," pointing to Goodger, "held me down while Edwards took the money; he has given me 10s. back, but I want another 3s. 6d."—I took them to the station—they were sober.
The prisoners' statements before the Magistrate: Edwards says: "I have not got the 3s. 6d. to make up the 13s. 6d." Goodger says: "I showed the boy what money I had, and that was 8d."
GUILTY of simple robbery.— Nine Months' Hard Labour each.
every way—I was knocked down insensible as I was passing a coffee-stall—I missed 3s. 6d. from my right-hand pocket.
GEORGE BLUNDEN (268 H). Early on the morning of August 26th I heard a cry, and ran and saw the prosecutor lying on his back, and the prisoner and five or six men round him—the prisoner jumped up and ran straight into my arms—I searched him at the station, and found 1s. on him, and 5 1/2 d. in bronze.
THOMAS TOMLINS (363 H). I was in Brick Lane at a little past 1 a.m., heard a cry of "Police!" and ran and saw Lofty on his back and three men rifling his pockets; the prisoner is one—I saw him pull his hand out of Lofty's right-hand pocket—they all three sprang up, and the prisoner ran into Blunden's arms.
The prisoner, in his defence, stated, on oath, that he was at a coffee-stall, and saw Lofty knocked down; and that two women fetched the police.
GUILTY of simple robbery. —He then PLEADED GUILTY to a conviction at Worship Street on May 1st, 1899.— Six months' hard labour.
THIRD COURT.—Saturday, September 15th, 1900.
Before Mr. Common Serjeant.
(For cases tried this day see Surrey Cases.)
OLD COURT.—Monday, September 17th, 1900.
Before Mr. Justice Bucknill.
MR. HUTTON Prosecuted.
NOT GUILTY .
(For other cases tried this day see Surrey Cases.)
NEW COURT.—Monday, September 17th, 1900.
(For the cases of Hayter and Elliott, tried this day set Essex Cases.)
THIRD COURT.—Monday, September 17th, 1900.
Before Mr. Common Serjeant.
MR. ROWLANDS Prosecuted.
The evidence is unfit for publication.
GUILTY .— Nine months in the second division.
OLD COURT.—Tuesday, September 18th, 1900.
Before Mr. Justice Bucknill.
MR. LEYCESTER Prosecuted, and MR. STEWART Defended.
MULLINS— NOT GUILTY . BAILEY— GUILTY — Five Years' Penal Servitude. PAUL— GUILTY .— Five Years' Penal Servitude. WHITE— GUILTY .— Five Years' Penal Servitude.
(For other cases tried this day see Kent and Surrey Cases.)
NEW COURT.—Tuesday, September 18th, 1900.
Before Mr. Recorder.
MR. STEWART Prosecuted.
VICTOR HENRY HARRISON . I am a tobacconist—about July last the prisoner wrote to me for a situation, and I employed him on commission—he remained about a week—he gave the name of James Love Gordon—I allowed him to use my name for business purposes, but only to get orders.
Cross-examined by the prisoner. You had my cards with my consent—this is one of them (Produced)—you gave me about 30 olders, all bogus.
FREDERICK WALKER . I am manager to Mr. Chenell, bicycle maker, of Stratford—the prisoner came on July 5th to hire a machine—he introduced himself by a card as Victor Harrison, wholesale tobacconist—we offered him a good machine, but he said he did not want a good one, as he could not ride very well; he wanted one with an up-turned handle bar—we had not one in, so I put one in for him—he said he knew Mr. Taylor, of the Lord Hennicker, in relation to the sale of tobacco, and we went there and had a drink—I thought it was all right, and he paid 2s. 6d. deposit—he said he wanted the machine for about two hours, and he went off with it about 8 p.m.—the next time I saw him was at the Thames Police-court—the machine has never been returned.
Cross-examined. I said it was usual to know who people were—I accompanied you to the Lord Henniker—I did not hear the proprietor address you as Victor Harrison—I heard you pressing for orders—you signed your name "V.H. Harrison"—you told me you were a wholesale tobacconist, and what a lot of money you had lost through bad debts, representing that you were the proprietor of that business—I may not have said that at the Police-court—you left a bag, and asked me to look after it—I took it upstairs—I said, "Come and have a drink"—it was a good chance to see if you did know Mr. Taylor—he said he did not want to give any orders, and I naturally took it as genuine.
EDWARD BELL (Detective Sergeant, K). I am stationed at West Ham—at 10.30 a.m. on August 15th I saw the prisoner at the Thames Police-court in the gaoler's room—I said to him, "Harrison, I am going to put you up for identification for stealing a bicycle from Mr. Chenell, of Stratford"—he said, "I don't want you to put me up for identification; I had that bicycle"—he made no reply to the charge.
Cross-examined by the prisoner. You did not say you had the bicycle with no intention of theft.
The prisoner, in his defence, said that he had no intention of theft; that he went to an hotel to see his brother, and left the bicycle outside in charge of the potman; that when he came out it was gone; that he thought he mightfind it the next day, so did not write to the owner; and that he did not say he was Victor Harrison, but only gave the card with that name.
GUILTY .—Three previous convictions were proved against him.— Twenty Months' Hard Labour.
MR. KERSHAW Prosecuted.
GUILTY .— Two Years' Hard Labour.
MR. S. JONES Prosecuted.
GUILTY .— Two Years' Hard Labour.
MR. ORMSBY Prosecuted, and MR. HUTTON Defended.
NOT GUILTY .
MR. HUTTON Prosecuted.
GUILTY .— Judgment respited.
MR. ORMSBY Prosecuted.
NOT GUILTY .
OLD COURT.—Wednesday, September 19th, 1900.
Before Mr. Recorder.
MR. HERVEY Prosecuted.
NOT GUILTY .
MR. MORGAN Prosecuted.
WALTER CRIBB . I am a clerk, living at Grafton Road, Holloway—I have known the prisoner since July 9th—on Saturday, September 1st, about 9.30 p.m., I was in my house; I heard a tap at the area door; I opened it, and saw the prisoner—I said, "Hulloa! what do you want?"—he did not appear to be drunk—he said, "I am d—d well going to shoot you"—he had a revolver in his right hand—(when I arrived home on July 9th I found him in my house—my daughter, Jessie Cribb; aged 24, has been living with him as his wife)—he raised his
revolver to point at me—I sprang upon him, seized it, and struggled with him for about 15 minutes—a large crowd collected round the area, and someone came down the steps and took it from him and handed it to a constable—I gave him in charge—I did not hear what he said to the constable, he had him in custody before I ran up the steps.
Cross-examined by the prisoner. When I opened the door I did not seize you at once by the throat and say, "If you come and show my house up I will choke the b—life out of you"—you did not give the revolver to a man in the crowd.
By the COURT. I do not know what his occupation is—he never did any work while he was with me—when he and my daughter first came he was introduced to me as her husband, and I thought they were married—she had left me three years previously to go into a public-house bar in Manchester—she wrote and said she should like to see us, and I told her to come by all means—she was home a week when the prisoner arrived—I did not discover that they were not married till my wife told me—I was desirous of getting rid of him, and he had left on the Thursday week previous to this, leaving my daughter in my house—I did not know what had become of him.
JOHN ADAMS (473 Y). On Saturday, September 1st, about 10 p.m., I was on duty in Holloway Road—Mrs. Cribb called me, and I saw the prisoner and the prosecutor struggling with two or three others—a man in the crowd handed me this revolver (Produced)—the prisoner said, "It is a good thing you come, or I should have done for the b—lot of them"—he was a little the worse for drink—I examined the revolver—it had four loaded chambers, and one discharged—I took him to the station—I found on him a box of 45 cartridges—the revolver was bought two days before at the Seven Sisters Road—at the station he said he had simply done it for fun, that he did not mean to do any harm, and that he had fired one shot in Finsbury Park to see if the revolver would act all right—if I had seen him in the street I should not have taken him up for being drunk.
Cross-examined. The prosecutor said he would give you in charge—he did not say that you had fired a shot at him.
JESSIE CRIBB . I am the daughter of Walter Cribb, and live with my parents at 28, Grafton Road—I have been in service as a barmaid at Manchester—I know the prisoner's writing—I made his acquaintance about two and a-half years ago at Manchester—he had been a sailor—he came to the public-house—I have been living with him as his wife—I commenced doing so three years ago next February—I left the public-house and went to reside with him—on the Thursday prior to this occurrence I received a long letter from him—he worked occasionally, and visited race meetings—he did not do regular work—I do not know what kind of work he did—I have seen him write—this is his writing—(This stated that he had not forgotten her, and he would not think of living with another; that he was coming to London, but had no money, and would have to pawn his suit or watch; that he would send her £1 as soon as he had one to spare; that if she did not write to him he should go mad; and that he did not know what he should do, but that he should be in prison for life or hang; that he might blow his brains out to-morrow if he did
not get a letter; that he had got a revolver, and was going out of the town in case she put the police on him; that he was mad, and would do or die like an Englishman who loves but one, and think of Cole hanging for murder.)—It has the Cardiff post-mark on it—I think he had work there occasionally—I do not know if he is married or not—our being married was never suggested.
Cross-examined. I did not tell you that my father and mother had put me out, and would not let me go home—I said I was not friends at home—I told my mother we were not married—you have been good to me.
The prisoner's statement before the Magistrate: "I plead not guilty to the attempt to shoot; I plead guilty to the threat; it is through losing my temper after being put out of the house."
The prisoner, in his defence, said that when he went to the door the prosecutor went for him; that he took the revolver out of his pocket and gave it to another man, and that he did not attempt to shoot the prosecutor.
NOT GUILTY .
MR. MORGAN Prosecuted.
Walter Cribb and John Adams repeated their former evidence.
GUILTY .— Nine Months' Hard Labour.
MR. PERROTT Prosecuted.
NOT GUILTY .
MR. CANDY Prosecuted.
ROBERT MILNE . I am a registered physician and surgeon, of 32, Bow Road, E.—on August 11th I went to bed at about 11 p.m., after fastening up the house—these three articles (Produced) were left lying on the dining-room table on the ground floor—about 4.30 a.m. I was awakened by my dog barking—I went downstairs; I found the back door had been opened from the inside, as if somebody had gone out—the roof of the water closet had been lifted off—I did not miss anything then, but when my wife came down in the morning she missed these things, which I next saw at the Police-.
HARRIS COHEN . I keep a secondhand shop at 232, High Street, Shadwell—on Tuesday, August 14th, the prisoner came to me—I had never seen him before—he wanted to know if I could buy these three things—I asked him if t hey belonged to him—he said, "Yes"; they were his wife's—we went to a pawn shop to see what they were worth—
the prisoner waited outside—I went back to him—he said he wanted the things back, as I had given him away—he struck me in the eye, and then ran away when the police came—I next saw him at the Police-station, where I picked him out.
Cross-examined by the prisoner. I did not say I only got a sovereign for the things—I had no money at all.
BERNARD JACOBS . I am assistant to John Jacobs, a pawnbroker, of I49, St. George's Street, E.—on August 14th Cohen came with these things—I refused to take them—the police send us a list of things stolen every morning, and it contained the description of these.
GEORGE LAMBERT (Police-Sergeant K). On August 12th I examined Dr. Milne's premises—an entry had been effected by breaking into No. 30, which is next door, then getting into a loft and through a window on to a roof, and then on to the roof of Dr. Milne's place—there the thief or thieves had removed the whole of the top of the w.c., and dropped down into it—the roof was not screwed down—Jacobs handed me these three silver things—I charged the prisoner, and on August 31st he was picked out by Cohen and his son—on September 7th he was charged at Arbour Square—in reply he said, "I admit trying to sell the things, but I did not break into the place."
The prisoner, in his defence, said that he found the things in the w.c. of a beer-shop, and took them to Cohen, but did not know anything about the burglary.
GUILTY .—He then PLEADED GUILTY to a conviction of felony at this Court on October 22nd, 1894, and six other convictions were proved against him.— Three Years' Penal Servitude.
MR. FISHER Prosecuted, and MR. KERSHAW Defended.
The evidence is not fit for publication.
GUILTY .— Six Months' Hard Labour.
MR. TURRELL Prosecuted, and MR. GEOGHEGAN Defended.
The JURY, at the RECORDER'S suggestion, stopped the case on the ground of there being insufficient evidence to show that it was not an accident.
NOT GUILTY .
OLD COURT.—Thursday, September 20th, 1900.
Before Mr. Recorder.
MR. PERROTT Prosecuted, and MR. CAIRNS Defended.
JOHN ROBERT WALLACE . I am a lighterman, of 4, Bridge Street, Hammersmith—on July 29th, about 11.15 p.m., I was in Bridge Street with my wife, walking home—I saw the prisoner on my window-sill using bad language to my daughter—my wife asked him to get off the sill—he
used bad language to her—then I asked him to get off—he struck me, and I struck him—he then struck me with a knife on my right hand, on my left breast, and in the middle of my back, and ran away—I went indoors to wash my hand—my wife came in and discovered that I was bleeding in front—I did not see the prisoner again till I saw him at the Police-station and identified him—I did not know him before.
Cross-examined. I have heard that he lives opposite me—he was not sitting on his own door-step—there were no other Italians there—he spoke in English—my wife did nut say to him, "Go away, you foreign devil!"—she did not strike him—a man named Mancey came up after we had commenced struggling—he is not an Italian—I did not know I was stabbed in the stomach till my wife told me in my own house—I saw the eat in my trousers, but I told the constable I would not charge the prisoner—I did not want to make a row about it—the prisoner's employer asked me if I was hurt—I said, "I don't know; it feels very sore"—I did not say that I was not certain who had stabbed me, or that I was boozed on that night, or I should not have got into the bother—I was not out of work—I did not say that Antonio, the prisoner's employer, would give me £12 if I would not proceed with the charge—I was taken into a public house a few nights Afterwards and asked if I would take any money—there were two Italians there then.
Re-examined. I felt a blow, but I did not know a knife was being used—I thought it was a punch.
HENRY MANCEY . I live at 11, George Street, Hammersmith—on July 29th, about 11.15, I was in Bridge Street, Hammersmith—I saw the prisoner sitting on the prosecutor's window-ledge—the prosecutor asked him to move, as he was using such beastly language to his little girl—I cannot say if he was the worse for drink—they got straggling in the road—I went in to try and stop them because his wife was screaming—the prisoner stabbed me on the hand with a knife—I did not see it, but I felt it—nobody was there except the prisoner, the prosecutor, and myself.
Cross-examined. I did not know the prosecutor or his wife—Mrs. Wallace was not the first to attack the prisoner—I did not hear her say, "Go away, you foreign devil!"—the prosecutor said he could feel something trickling down his stomach, he lifted up his waistcoat, and the blood was running down.
By the COURT. I saw the prisoner brought back by the police—I recognised him as the man—he has only got one eye.
Re-examined. I was not helping the prosecutor to attack the prisoner.
ELIZABETH WALLACE . I am the prosecutor's wife—on the night of July 29th we were coming home—the prisoner was sitting on our window-sill, using bad language to my daughter, in English—I asked him to shift on—he used the same words to me—my husband said if he did not go on he would make him—he went towards the prisoner, who struck him, and my husband struck him—I did not see the knife used, but when my husband came back from washing his hand I saw him bleeding through his clothes—I saw the blow struck—I first learnt that he had teen struck in the back, at the station—he was sober—there was a cut in his coat and two in his waistcoat; one where the flesh had not been out.
Cross-examined. There were no other Italians in the street besides the prisoner—two other Italians did not run away directly Mancey interfered—there were none there—I was only 2ft. or 3ft. from my husband—I do not know anything about my husband seeing Antonio.
By the COURT. I had seen the prisoner about, and when I saw him sitting on the sill I recognised him as the man who lived opposite.
GEORGE THOMAS (557 T). I was in Bridge Street, Hammersmith, about 11.15 p.m. on July 29th—I saw a large crowd, and asked what was the matter—the prosecutor said the prisoner had been using bad language to his daughter—I thought the case was a simple one, and dispersed the crowd—the prisoner went away into a yard opposite—the prosecutor showed me his hand, which was bleeding—he pulled up his waistcoat, and I saw some blood on his shirt—I examined him, and found he had a nasty wound on his left side—he said he would not charge the prisoner at first; he said, "Yes" afterwards—I at once went into the yard, where I saw him, and told him I should take him into custody for stabbing the prosecutor—he replied, "Not me; not me"—he was taken to the station and charged—I did not find any knife on him.
Cross-examined. The prosecutor did not seem to have any doubt as to who had stabbed him—I searched for the knife, but I could not find it till 3.30 a.m., when we found it in the gutter—this is it (Produced)—there was blood half way up the handle—it was open.
Cross-examined. I did not see anything of the struggle—I do not know whose knife it is; it was shown to the prisoner, but he denied that it was his—other Italians live there.
EDWARD CHARLES BARNES . I am Divisional Surgeon of Police at Hammersmith—I was called to the Police-station about midnight on July 29th—I examined the prosecutor—he was suffering from three incised wounds nearly an inch long and 1/2 in. deep; one in the middle of his left breast, one on his back, and one between the fourth and fifth fingers of his right hand—they all bled freely—I had to stitch some of them up—I also saw Mancey—he was wounded on his left hand; he was not in danger—considerable force must have been used on the prosecutor—this knife would produce exactly the kind of wounds I saw.
Cross-examined. This knife could be used with great force; it would not slide easily along the hand.
The prisoner, in his defence, on oath, said through an interpreter that he was not sitting on the prosecutor's sill, but standing on the pavement; that the prosecutor came and struck him, and then a lot of other young fellows struck him; that he did not use a knife; that the knife produced was not his, and that he could not defend himself, as he was drunk, and was unable to stand up.
GUILTY of unlawfully wounding.— Four Months' Hard Labour.
MR. PERROTT, for the Prosecution, offered no evidence.
NOT GUILTY .
THIRD COURT.—Tuesday, September 18th; and
NEW COURT.—Wednesday and Thursday, September 19th and 20th, 1900.
Before Mr. Common Serjeant.
588. JOHN THOMAS REEVES (46), JOHN THOMAS EVANS (47), and JENKIN MORRIS JONES (39) , Conspiring to cheat and defraud Gerald Edwin Ayscough and others of their goods and chattels. Other Counts for obtaining goods and credit by false pretences.
MESSRS. AYORY, MUIR, and STEPHENSON Prosecuted; MESSRS. CANNOT and TURRELL appeared for Evans, and MESSRS. ELLIOTT and ARTHUR STEWART for Jones.
CHARLES FREDERICK JULIUS HANSSEN . I have been an agent of T. and S. Plumb & Co., butter merchants, of Copenhagen Street, since the commencement of this year—my office is at 69 and 70, Mark Lane—I have known Reeves about a year—about January 26th I met him in East-cheap—he said he had been looking for me for a long time—he wanted to know if I had any Danish eggs to sell—I said, "No, but I am agent for a Copenhagen firm doing business in Danish butter"—he said he was so himself and had several friends in the provision line, and they were good firms; they had been 25 years in the business, and that he could introduce me to a good many reliable firms if I could pay him a commission—I said I should be pleased to execute ordern, provided his friends were reliable people, and would pay when the accounts were due—he said I could send in a cask of butter at once to a good old firm of J. Evans & Co., of 383, New Cross Road; that they were reliable people; that Mr. Evans was a friend of his whom he had known for a long time, and that the firm never took more credit than a fortnight; also that he had made the acquaintance of B. Powell, who had just started in business at 9, Rye Lane, Peckham, and he said, "You can send him in a cask as well"—I asked if he was really a good man, and if I could rely upon his paying his account promptly—he said there was no fear, because that man was backed up by Evans, and Evans was a substantial man who had several shops—I told him I had a parcel of margarine if he could do with that as well—he said I could send in a cask to each—on February 5th I sent in two casks of margarine to Evans and to Powell—I called on Evans on February 12th, and saw Mrs. Evans—I sent another cask of butter on February 16th; Evans ordered it, and on February 23rd two casks of margarine, and on the same day one cask to Powell—the value of the goods sent was £22 13s.—I have not received payment—I called on Evans six or seven times—I saw him two or three times—he admitted having the eggs—he said business was very bad—I called on Powell at least a dozen times—I saw two different managers in charge of the shop—I was annoyed, and told Reeves I would not book more orders—he said he was very sorry, but they were all right, and that he was disappointed, as he had been supplying goods, and would be a loser himself.
Cross-examined by Reeves. I first met you at W. G. Humphreys' office, in Mincing Lane, about September last, before I was agent—you did not say you only dealt in the wholesale trade—I was anxious to see you because I did not like the appearance of the shops, and I wanted an explanation.
Cross-examined by MR. CANNOT. I made inquiries, through Stubbs'
Trade Agency, about Evans about a fortnight after I had the first order—I also relied on Reeves' statement—I inquired as to Powell, and found that Stubbs did not know anything about him—I suggested to Evans that as Powell's account was overdue, and he had backed Powell, he ought to pay—he said he could not possibly do that, as he had two heavy losses himself, and business had been bad, and he was going to get a partner—I saw two managers at Powell's at different times—the first manager was like Reeves, but I should not mistake them—I called on Evans for the account, and then he said he would pay the next week, and would I send him another cask of butter—I asked for the order—I said before the Magistrate, "I did not ask for the money for the first order then, because it was not due "—I expected to get it, but it was not due—I expected to get it because his wife told me the week before that be was anxious to pay it—I called to nee what the shop was like, to get my money, and to get another order—I was not satisfied with the shop—I swore at the Police-court, "I called to see what the shop was like, and I was satisfied that it was a good shop, and doing a good business "—I was satisfied that he did good business, but it was not the class of trade that I looked forward to—I did not like the stock he had, and it did not look a well-conducted business—I said, "That induced me to take a further order and supply further goods "—there might have been a very good turnover, but it did not look a high-class business.
Cross-examined by MR. ELLIOTT. I never saw Jones.
Re-examined. I had an order in March from Reeves, which I did not execute, to the shop of John 34, Cedars Grove, Charlton, of which I understood Jones was the proprietor, for five boxes of 2lb. rolls of margarine at 70s.—the report was not satisfactory—Reeves said he did not know Bowen personally, but another friend of his had given an order, and at the same time he gave me two orders besides, one from John Davis, 78, Holloway Road, for five boxes of 2lb. rolls of margarine; the other from S. Davis, 39, Leather Lane.
HENRY WILLIAM HUTCHINS . I am a carman in the employ of Messrs. Hawkes—on February 5th I delivered the two kegs of margarine mentioned in this receipt at 383, New Cross Road—I did not see the receipt signed—Evens handed it to me—I also delivered one keg of margarine to B. Poweh, 9, Peckham Rye—this receipt, signed "Sticking," was handed to me by a youth—I saw the prisoner Reeves in the shop—on February 23rd I delivered two casks of margarine addressed to 383, New Cross Road—Evans handed me this receipt—the same day I delivered one cask of margarine at B. Powell's shop, 9, Peckham Rye—this receipt, signed "Frank Sticking," was handed me by the boy.
Cross-examined by Reeves. You were leaning on some cases of eggs, talking to a customer apparently.
Cross-examined by MR. CANNOT. Reeves had a brown overall usually worn by dealers—I did not see that man (Gibbis).
ALFRED ERNEST EDWARDS . I am a carman for Messrs. Carter, Paterson & Co.—on February 6th I delivered a cask of butter at J. Evans's, 383, New Cross Road—the prisoner Evans handed me this delivery sheet signed.
Carter, Paterscn & Co.—on February 20th I delivered a cask of butter at J. Evans's, 383, New Cross Road—Evans and his wife were there—I saw Evans sign the sheet.
ALBERT EDWARD MCNALLY . I live at 42, Cork Street, Camberwell—I am employed by Messrs. Carter, Paterson & Co.—my brother, Henry William McNally, was also a carman in the same employ—he died on September 9th, through being knocked down in the street—I saw him dead—this is his signature—(To the Deposition).
GEORGE WALLACE (Metropolitan Detective-Sergeant). I am in charge of this case—I heard Henry William McNally give his evidence at the Police-court in the defendants' presence—they had an opportunity of cross-examining him—(Deposition read: "Henry William McNally, on oath, saith: I am a carman employed by Messrs. Carter, Paterson & Co., Ltd. I live at 30, Lettsom Street, Camberwell Grove. On February 6th last I delivered a barrel of butter to the address, Powell, 9, Peckham Rye. I produce the delivery sheet, Ex. 23. I saw an oldish man and a lady. I do not see either of them in Court. The delivery sheet is signed 'F. Sticking.' It was signed by the lad in my presence. I received this barrel of butter from the Camberwell Depot.—HENRY WILLIAM MCNALLY.")
GERALD EDWIN AYSCOUGH .—I live at 25, Pemberton Road, Harringay—I am agent for the Danish Butter Company—I was appointed last January 7th—on February 2nd Reeves came to me, having known me some years, and asked me whether I was willing to serve two or three good little wholesale men—I said, "Yes, certainly, if they are good wholesale men "—he then gave me the names of J. Evans, 383, New Cross Road, J. M. Jones, 175, Lewisham High Road, and B. Powell, 9, Peckham Rye, and asked me to send two casks of butter to each—he afterwards said, "Send three to Jones; he is a very good man"—I said, "Jones and Evans, I see, are Welshmen, I do not like serving Welshmen"—he replied, "Oh, but these are very good Welshmen"—I said, "Well, what do you know of them?"—he said he had personally done business with all of them for years, and they were thoroughly safe and reliable men who paid in seven to ten days, which is what we call cash in our trade"—I telegraphed to Denmark, and ordered the butter on the same night—at the same time I wrote to each of the customers that our terms were cash 14 day from invoice date—the goods were invoiced on February 6th—the value was: Evans, £11 10s. 11d.; Jones, £17 4s. 5d.; and Powell, £11 9s.—I called on Evans—he admitted delivery—I called on Jones, and saw a man who said he was not Jones—at the Police-court Jones interrupted me and said he was there—he admitted that the goods had been delivered—I saw the goods at 9, Peckham Rye—I called about six times, but never saw Powell—on February 27th I found Jones's shop was shut up—I said to Reeves when I saw him the following Monday, "I have been to Jones's shop, and find he has disappeared, and the Sheriff has seized his goods, you told me he was a very good man, that you had known and done business with him for years, and that he was a man who always paid you cash in from seven to ten days"—Reeves appeared much astonished that Jones had gone, and repeated that he was a good man, and said he would pee about it—on Monday, March 12th, I saw Reeves again,
when he told me that Jones had been acting very queerly lately, and that his family had to put him in a lunatic asylum—on February 20th I called on Evans; he was not in, and I left a card with his wife with the amount of the debt on it—on the 27th I called again, and saw him—he promised to send the amount—on March 3rd I wrote to Evans, threatening proceedings—the following Tuesday I again called—I saw his wife—when I saw Evans he said he had the amount down for payment for the following Friday, and he promised to post a cheque on—the cheque did not come, and I went the next day, Saturday, about 8 p.m.—Evans and his wife were both in the shop—Evans said I was just too late, as he had just been out and posted a cheque to me, and on my appearing to doubt it he called his wife, who said she had seen him put the cheque in an envelope, address it, and go out and post it at about 4.30—1 asked him to show me the counterfoil—he said he did not keep a bank account, and that he had got a friend to give him the cheque—I went back to my office—no cheque had arrived, and no cheque ever came—I told Reeves about this matter, and he said that Evans owed him money, and he could not get it—the action came on about April 3rd or 5th, in the County Court—the Judge asked Evans why he had not paid—he said he had paid, and produced this receipt—he was asked why he did not produce the receipt when the summons was served—I think his reply was that he did not think of it, or words to that effect—the receipt was handed to me, and I called his Honour's attention to the fact that although Evans had sworn that he had had the receipt three weeks, the ink was a brilliant blue—I know nothing of "J.W. Ward," whose signature is on the letter from me, threatening proceedings, "By cash £11 10s. 1d., 3/15"—that is 3rd month, 15th day—Evans said a man brought one of my cards with the amount pencilled on the back, and on that he paid the money and obtained the receipt produced—his Honour taxed the man with having written it himself, told him he was in a very dangerous position swearing that, and gave immediate judgment with costs, and impounded the receipt—I asked permission to look at it nine months after, when the ink was black—I went the same day to Evans's shop and roughly valued the stock at £20 to £30—the next morning the Sheriff went in about 12 o'clock, and the stock then was not worth more than a sovereign to 30s.—the Sheriff remained in possession five days—I watched the shop, and in about three weeks there was a very fair stock again—on the Saturday we re-entered and seized the stock, which was sold and realised about £16—I received out of Court, for debt and costs, £13 16s.—I sued Powell—he was served by substituted service on the shop door—a shorthand writer appeared for Powell, who hangs about Southwark Police-court and public-houses—he said owing to bad trade and Powell being ill in bed, he could not pay—I got no fruit of my judgment—an agreement was produced, showing that the shop was sold.
Cross-examined by Reeves. Stubbs' people told me Evans was in a small way of business, but they thought he was good for £20—I saw Haussen at Stubbs', but did not know him till I had seen his card.
Cross-examined by MR. CANNOT. I told Reeves I should give him a small commission—I allow 6d. a cask—on one occasion Flynn was waiting for me when I called on Evans.
Cross-examined by MR. ELLIOT. I saw Jones first at 175, High Road, Lewisham—he had goods about a week after—he said he was not Jones, but his manager—I wanted to know the kind of business and the character of my customer.
WILLIAM WATTS . I am a carman for the Great Eastern Railway Company—on February 6th I delivered two casks of butter to B. Powell, 9, Peckham Rye—I saw Reeves in the shop—the boy signed this delivery sheet, "Gibbis"—Reeves told him to sign it, and to give me the 1s. 9d. carriag—the same day I delivered two casks of butter at 383, New Cross Road—I think a lady signed this, "Evans"—the same day I also delivered three casks of butter to J. M. Jones, 175, Lewisham High Road—I cannot recognise the person who signed for it.
Cross-examined by MR. CANNOT. The man who signed the sheet had not glasses—I am not aware of having seen that man (Gibbis)—Reeves looks more like the man—I think it was Reeves who signed the sheets.
JAMES DORKINS . I am execution officer to the Greenwich County Court—On April 3rd I levied an execution on the goods of Evans, of 383, New Cross Road, for £16 5s. 7d., debt and costs, at the suit of the Danish Cooperative Butter Factory—I was met by a bill of sale on the furniture—there was a rent claim as well in writing—I was withdrawn by the execution creditor after five days—I received during the time the takings of the shop, 11s. 11d. after the living—I went in again on April 28th—Mrs. Evans was behind the counter—I examined the till—I found 4d. in bronze—I saw Mrs. Evana struggling with a man for the possession of the cash-box—I recovered £5 14s. cash, and altogether £13 7s. 10d.—about £2 more would satisfy the debt and costs.
Cross-examined by MR. CANNOT. The execution creditor paid 50s. on each taking possession.
ALFRED FLYNN . I am agent for John Flynn and another, butter and egg merchants, Cork—I have been familiar with the appearance of Reeves for about two years at the Hop Exchange—about the first week in February I met him in the Borough High Street Post-office—he asked me if I would supply two cases of eggs to Jenkin Morris Jones, 175, Lewisham High Road—I asked him who Jones was—he said he was a man he had known in trade for several years, and whom he could recommend as a good customer, or words to that effect—I said if he was a roan able to pay cash for the goods I would supply him—he said he was carrying on just such another trade as James Flask, of Stratford—I agreed to supply him with eggs, for cash in seven days—Reeves said he would pay in seven days, and his name was as good as Flask's—he gave me the order—I wired to Cork for J. Jones—J. M. Jones was on the memorandum—on February 12th Reeves gave me another order for one case of eggs for J. Jones, 85, Blythe Road, West Kensington, and one to B. Powell, 9, Rye Lane, Peckham—a case is 1,200, and the price about £7—the total is £36 16s.—I received another order for J. Jones, West Kensington, making the total £15 16s.—I executed all those orders—none of those goods ordered through Reeves were paid for——since this prosecution Mr. J. Jones, of Kensington, is paying his debt by instalments—he began last Saturday week—I went to 9, Peckham Rye about March l2th—I saw a man behind the counter who told me
he was manager—about that time I called at 175, Lewisham High Road—the place was shut up—I saw Reeves at London Bridge on a Monday morning during the market hours, the beginning of April or the end of March—I asked him what he meant by introducing me to these swindlers who had not paid for their goods, and I called him a scoundrel—he fumed and raged, and said he was as innocent as a child unborn, and that he thought these men were all right.
Cross-examined by Reeves. You did not say I should get my money as soon as Jones passed his cash order—you said you had known Jones's shop for 20 years.
Cross-examined by MR. CANNOT. I visited the Rye Lane shop twice—there was some stock, and business appeared to be carried on.
Cross-examined by MR. ELLIOTT. The Jones of Blythe Road is a different man to the prisoner Jones, and has promised to pay.
Re-examined. He told me his name was Thomas Jones—his debt is £14 1s. 9d.—he has paid £3—he paid his first instalment last Saturday week, after I had given evidence.
EDWARD PLATT I am a carman for Pickford & Co.—on February 9th I delivered a case of eggs to J. Jones, 175, Lewisham High Road—the prisoner Jones signed the sheet—the next day I delivered another case there—this is Jones's signature, "J. M. Jones"—on February 16th I delivered another case, which was signed for by Mrs. Jones.
JAMES HALL . I am a carman for Pickford's—on February 17th I delivered a case of eggs at 9, Peck ham Rye—it is "Peckham Rye" on the sheet—I saw Reeves and a boy in the shop—Reeves was in a shopkeeper's suit—he handed me the receipt signed "Gibbis"—I never saw that man (Gibbis) in the shop.
ALEXANDER BARNEVELD . I am a traveller for the Middleburg Marga✗rine Co.—I was appointed three or four months ago—I have known Reeves several years—about July 10th I saw him in the City—he said he had heard that I was engaged by the Margarine Company of Middleburg, and he thought he could introduce me to one or two old customers of his to help me—the names, addresses, and orders he gave me were: Thomas Jones, 84, Blythe Road, West Kensington, 5 boxes of 2lb. rolls, value £3 10s.; John Bowen, Cedar Grove, Charlton, 5 boxes; and Thomas Thomas, Latimer Road, Notting Hill, 5 boxes, 5 boxes of cools, and 10 packages—my firm made inquiries of Kempe, a trade inquiry agent like Stubbs—when I saw Reeves I told him Jones's and Bowen's orders had not been executed, as the answers to inquiries were not satisfactory through Kempe—Reeves said Kempe would know very little about such people, and it was known that Kempes damaged people they were not patronised by—I did not execute the orders.
Cross-examined by Reeves. I had spoken to you about getting orders on my account.
Cross-examined by MR. CANNOT. I have known Evans about 15 years as a provision merchant, and had dealings with him with intermissions—he had unlimited credit with me—he has always paid—the last dealing was
in Exmouth Street, Clerkenwell, about 1893 or 1894—I have been out of business—I met him last two years ago in Smithfield Market—I gave him the usual credit.
Re-examined I have beard since that he was bankrupt in 1891—I was out of business from 1896.
WILLIAM GEORGE BEETLFSTONE . I am a messenger of the Bankruptcy Division of the High Court of Justice—I produce file of bankruptcy proceedings of Thomas Evans, in 1891, on the creditors' petition—he was discharged on July 20th, 1895—he was again bankrupt, and I produce the file on a creditors' petition filed May 26th, and adjudication July 30th, 1898—his liabilities were £545; assets, £136; deficiency, £409 11s. 6d.—he has not been discharged from the bankruptcy—on the public examination, Question 2 is, "You were bankrupt, I think, in this Court in 1891, in the name of John Thomas Evans?" and the answer is, "Yes, that is so."
Cross-examined by MR. TURRELL. At that time he was carrying on business as a cheesemonger—his occupation was "provision dealer of Chelsea"—it is the name man in both cases.
CONRAD FITCH . I am a solicitor, of 29, Bedford Row—early in September last Evans was introduced to me by Mr. Stringer, a house agent—acting for the freeholder, I let him 383, New Cross Road, on September 18th, from September 29th, on lease terminable in 7, 14, or 21 years, at £70—he signed this counterpart lease "John Evans, of 97, Blandford Road, Southwark, Surrey, Dairyman"—the first quarter's rent due at Christmas was paid—a distress was put in for the second quarter—nothing was recovered—on May 18th this year I issued a writ for recovery of possession, and got judgment on June 2nd—on June 7th the Sheriff entered and delivered possession to me.
Cross-examined by MR. TYRRELL. The agents were satisfied with his references, and that warranted me in granting the lease.
GEORGE HERBERT JENKINS . I am a surveyor and land agent, of 171, Lewisham High Road, and had the letting of the next door, 175, for the landlord—I received these two memoranda of October 19th, 1899, from "J. D. Jones, Dairy and Provision Merchant, George Road, Fulham," asking for particulars—on November 27th I received this letter from the same person, saying he is willing to take the shop on the terms stated, and I let the premises from December 23rd, 1899, at £85, according to this agreement, signed "Thomas Jones" and "Jenkin David Jones," which I received through the post—I called on the prisoner Jones after he had taken possession, and explained that the agreement not being witnessed, was not in order—he said "Shall I sign it again?"—I said, "You had better pass the pen over the signature, and I will witness it"—the signature was re-written, "Jenkin David Jones," not with a dry pen, and I attested it—in the bottom of the document the initials are "J.D.J."—no rent was paid—the Sheriff's officer went in before any was due.
Cross-examined by Reeves I have known the shop more than 20 years, when Lynnell had it, and Danet was there seven to ten years—I remember you living at Bromley 15 or 20 years ago—I knew nothing wrong about you.
Cross-examined by MR. STEWART. I knew Jones was a dairyman at
Salisbury Pavement—his references were satisfactory to our clients—Jones's goods were sold at my place under the execution warrant by forced sale.
WILLIAM FOX . I am clerk to Mr. John Wilson, of 7A, Southwark Street, and the landlord of 9, Peckham Rye—I let the shop to Evans—he referred to the witness, Mr. Fitch, to J. Jones, 9, Salisbury Pavement, and to D. Morgan, 13, Park Street, Southwark—I wrote to J. Jones and got this reply, dated "3/1/00, 9, Salisbury Pavement. Dear Sir,—Re Evans—In reply to yours of the 2nd inst., Mr. Evans has been a tenant of mine for upwards of 10 years at a rent of £96 per annum until the early part of last year. I found him a respectable and reliable tenant; so I can recommend him as such"—believing that to be a genuine reference, I got Wilson to execute this agreement, dated January 9th, for his letting 9, Peckham Rye as a dwelling house and shop for three years from March 25th at £75 a year to John Evans—the name put up was "B. Powell"—I applied to a person in the shop for the rent—it was never paid—the lodgers in the top handed me the keys, and I found the shop deserted—I took possession about the middle of April—£9 7s. 6d. was owing.
Cross-examined by MR. TURRELL. I applied to Mr. Morgan and Mr. Fitch the information from them was satisfactory.
ROBERT KNIGHT . I am assistant to Mr. James Ellis, of 32, Cedar Grove, Charlton, the freeholder of 34, Cedar Grove—I know the prisoner Jones as John Bowen—he became tenant of No. 34 from March 25th for five years—he entered a fortnight before that—the rent was £50 a year, he paying rates and taxes—he paid the first quarter.
Cross-examined by MR. STEWART. He is still there, carrying on business—I have seen him at all hours, industriously conducting his business.
FREDERICK CLARKE . I am a Sheriff's officer of the county of London—I levied an execution on Jones's goods in respect of a debt of £47, including costs, on February 25th, at 175, Lewisham High Road—Erastus Rogers & Co., are the plaintiffs—the goods were sold by private contract—they realised £6 9s.—£3 I handed to Rogers in part satisfaction of the £47—in May last I levied an execution at 34, Cedar Grove, Charlton, in respect of the same action—the name over the shop was Bowen—I saw Jones, and told him I was instructed to levy—I valued the goods at about £5—there was a claim of £10 for rent—I withdrew.
Cross-examined by MR. STEWART. The auctioneer made out the inventory.
THOMAS HENRY GUERRIN . I am an expert in writing—I have compared these receipts with these two post-cards, dated July 10th and 23rd, addressed to "Dear Jenks" and signed "J. R."—they are the same writing, and undisguised—one is, "I have ordered two boxes 5-lb. rolls of mar., Middleburg Co.; good'stuff; hope to see you soon. I hope it will come off. Regular supplies can be had"—(The other was directed to J. Bowen in pencil, and was an application for a remittance.)—I believe the letter from J. Jones, of 9, Salisbury Pavement, recommending Evans as tenant,
was written by the same person, also the agreements signed "Thomas Jones" and "Jenkin David Jones"—the latter has been written over some traces of pencil; then it is written twice in different inks, so that it is difficult to form an opinion; but, as far as I can judge, it is the same writing—the initials "J.D.J." appear to be the same writing.
Cross-examined by MR. STEWART. It is usual for a solicitor to write in pencil to show where the signature should be—I suggest no attempt to disguise the signature.
GEORGE WALLACE (Re-examined) I produce a certificate of the death of William Graham, the detective sergeant acting with me in this case—I attended his funeral—this is his signature to this deposition, and it is signed by the Magistrate on the last page.
WILLIAM FOX (Re-examined) I saw Sergeant Graham give his evidence in the prisoners' presence—they had an opportunity of cross-examining him—(Deposition read:"William Graham, Detective Sergeant, on oath, saith as follows: Shortly after 10 a.m. 2nd inst. (August) I, saw prisoner (Reeves) at Loughton Station, Essex. I said, 'Mr. Reeves?' He replied, 'Yes.' I said, 'I am a police officer, and hold a warrant for your arrest.' I read him the warrant, and he said, 'I do not know Mr. Ayscough by name, but I know the person you mean. I ordered the goods in the ordinary course of business.' I brought him to Bow Street Police-station, where, when charged, he replied, 'Yes.'(Recalled.) The evidence given by me at this Court on the 3rd inst., now read over, is correct. When I had prisoner Reeves in custody on August 2nd inst., while he was detained at Loughton Police-station, I saw him tear up a piece of paper, and I pasted the piece on another paper in his presence, and now produce it It appears to be the acceptance on a bill, and is signed 'John Bowen.' I said to Reeves, 'You are a prisoner; you have no right to tear up anything.' Reeves replied, 'It has nothing to do with the case.'—WILLIAM GRAHAM." )
GEORGE WALLACE (Re-examined) On July 30th, about 7 p.m., I went to 39, Cedar Grove, with Sergeant Graham—I told Jones we were police officers, and I held a warrant for his arrest—I read it to him—it charged him with conspiracy—he said, "I do not understand you"—I read it again—he said, "I only had one cask"—when charged at Bow Street he made no reply—I searched the parlour at Cedar Grove—I found amongst a quantity of memoranda the two post-cards (Produced), signed "J.R.," and addressed to "Dear Jenks," of July 10th and 23rd—about 3 p.m. on August 4th I saw the prisoner Evans at a dairy shop, 586, Wandsworth Road—I went into the shop and said, "Mr. Evans, I believe?"—he said, "No; Mr. Evans is not in; I expect him back shortly"—the shop had been opened about two weeks—I called in Mr. Ayscough, who said, "Yes, that is Evans"—Evans then said, "That is my name"—the warrant was then explained to him—he made no reply—I brought him to Bow Street—when charged he replied, "I am not guilty."
Cross-examined by MR. CANNOT. I was in plain clothes—I did not tell him I was a police officer—he said at the Police-court that he mistook me for a traveller, and that having customers, he did not want to be
bothered—there was a customer in the shop, and I waited till she went out.
Cross-examined by Reeves You introduced a man named Stickings to Lonsdale & Co. in August or September last year, who obtained goods from them and never paid for them, and in spite of their telling you he was a swindler you were introducing him to respectable merchants, you obtained £5 from Mr. Russell on Graham & Co.'s order, but he did not get it back because they owed you nothing—I know of several more cases.
Cross-examined by MR. CANNOT. When I called at the shop in New Cross Road in February, Mr. Flynn was not in the shop with me—only on that occasion had I anyone with me—I did not go to Scotland Yard and meet Flynn—you could not have seen Flynn from the shop when he waited for me.
Cross-examined by MR. CANNOT. I said at the Police-court that I met Ayscough after I had been to Scotland Yard—that was about the second week in March—I went with Ayscough to New Cross Road.
Reeves, in his defence, on oath, said that he had a good character; that he did not know the prisoners till the end of lost January, and only took their orders in the way of business, and on commission; and that all the orders were given within three weeks.
Evans, in his defence, on oath, denied any conspiracy, and said he would have paid if time had been given him.
Evidence for the Defence.
EDWIN JOHN GIBBIS . I am now employed at Lipton's Coffee Bar, Barnwell, Hampshire—I was employed by Mr. Evans as his provision dealer's manager for one month, at 9, Peckham Rye—I had been in his employ at Notting Hill Gate about 18 months, and at Dartry Terrace about three months—he has employed me to manage businesses for the last six years on and off—I opened the shop in Peckham Rye—"B. Powell" was over the door—posters were on the window stating "War is now raging! B. Powell has come to the front with lyddite shells of best British butters"—then followed a list of butters, and "War shall be continued till the enemy is wholly conquered!"—I cannot fix the time.
Cross-examined Reeves came frequently; I do not know why—he was not employed as a servant—he never bought anything—he did no business—he stood in the shop—I presume he came as a traveller—he did not speak to me—I got my wages—I went; there about January 9th—I left in four weeks—I was engaged a day or two before I went in—the lad Stickings took the takings—he took checks for the goods—he was over me.
Re-examined Stickings was cashier—I checked his cash by my book—every customer had a check—I wrote it—I never ordered goods—they were sent from Evans—these are not my signatures (The name "Gibbis" or "Gibbs" in the delivery sheets)—I do not know the writing.
JOHN DAVIS . I am now a mineral water salesman—I was manager for Evans, of New Cross Road and the Peckham Rye shop, for a month after Gibbis—I took it over from him—there was a genuine business—Reeves did not serve there—travellers called—they asked if Mr. Evans was there—I said, "No"—the shop was known to be Evans's.
Cross-examined That was known to the travellers—when they asked if Evans was there I said, "No; he has not been down to-day"—Reeves was there twice—there was a boy who cleaned the windows—I looked after the cash—the boy was the same as was with Gibbis—when the Sheriff came I looked after my work.
Re-examined The stock was butter, eggs, cheese, and bread, value about £10—a lot of stock came from the New Cross Road shop.
GEORGE HONEYBOURNE . I represent Phillips and Tribe, wholesale provision merchants, of Smithfield Market—I had been in their employ 20 years—they have dealt with Evans for about seven years—we have supplied him with goods on credit—we were not creditors in his bankruptcy in 1898—we supplied his niece with goods for £14 in 1898—after that they were cash transactions—the next credit transaction was when he took the New Cross Road shop.
Cross-examined John Evans was the name given to us in New Cross Road—we have supplied goods to Thomas Evans, Evans & Co., and J. T. Evans, but the bulk of those transactions appear to have been cash.
Re-examined He gave the orders personally—he opened an account in the name of John Evans with, I believe, our Mr. Perk's—I sent a good many times for the money.
JOHN GERRARD . I represent Harris & Chate, Limited, of 7, West Smithfield, wholesale provision merchants—I can speak to four or five years' dealings with Evans on credit, previous to 1898, at Strutton Ground, Westminster—I knew nothing of his bankruptcy in 1898.
Cross-examined We had to serve Evans & Co. with a writ, and have been paid, but we have had trouble at New Cross, and a judgment summons is still outstanding for which we have not received a penny.
GUILTY .—EVANS— Four Months' Hard Labour; REEVES and JONES— Three Months' Hard Labour each.
Before Mr. Recorder.
GEORGE WILKINSON (Cross-examined) In the letter, dated March 14th, the prisoner applied for a meter supply—the company at that time objected to supply builders by meter—a building supply can be converted into a domestic supply, and if the builder wants another supply he has to pay the expenses for laying it on.
Re-examined If the supply is converted into a domestic supply it ceases to be a building supply.
East London Waterworks Company—the normal pressure at which the water would flow from the main in Preston Road at this time, would be about 100ft., which is equal to about 43lb. to the square inch—the pressure would be sufficient to carry the water to 8 or 10 houses—I have not seen the pipe in this case—the quantity of water which would pass through a 1/8 in. pipe would be 160 gallons per hour, at 100ft. pressure.
Cross-examined I do not know if this particular pipe has been tested—I have never seen it.
CECIL ALFRED COLLIER . I have prepared two plans since this case was adjourned, one showing the pipes of the water closet in 8, Preston Road, and the line from the water closet to the corner of the garden of Nos. 8 and 6; then I have taken the pipes to the point where the tap was, and traced it to the small hole, and then taken it to the well—I have also prepared a plan showing the position of Poppleton Road and Dyson Road.
Cross-examined I have not seen the channel—it was not existing when I went there—I should not describe what I saw of it as a puddle, because it was dry—I made the first plan, which you have not got, from insructions given me at the City office of the company—I went there in August; I saw a small hole, I did not measure it—I saw a large ballast hole, with boarding in it; I cannot say whether the boards went into water; I did not look to see if there was any water—I had not permission to go on the ground then, I got permission to go on to the ground afterwards; I did not see any water then—I saw the ballast hole; I do not think there was water in it, but I am not quite sure.
Re-examined Mr. Shearman was with me when I saw the small hole.
JAMES SHEARMAN (Re-examined) I see in this plan that the pipe is shown as running down the garden of 8, Preston Road and coming out the other side; I also see a small hole; that is the one into which I put my hand and arm and found the lead pipe.
The prisoner, in his defence, on oath, said that he did not knowingly take any of the company's water, except for drinking purposes; that he did not know that the company's water was running into his well; and that he had offered to pay for any water which had been wasted by careless workmen.
Evidence for the Defence.
OWEN DEBENEY . I am a plumber, and live at 44, Queen's Road, Plaistow—I have done plumbing work for the prisoner since the beginning of 1899—I did the work by contract at so much a house—I employed as my assistants Humbert and Walter Debeney, Humbert is my father—when I was working at Preston Road William Palmer was the master plasterer—before No. 8 was occupied he kept on asking me for water to make mortar with—the building supply was standing at 32, Preston Road—he asked me to get some water for him out of No. 8—in consequence of that I told my brother Walter, who is aged 18, to connect a pipe on the outside of the w.c.—they caught the water in a tub which was on the ground—there was a stop-cock and a length of pipe—the prisoner was not much on the job at that time—I did not tell him what I had ordered Walter to do—anyone could see the pipe coming over the ground, and could see the men drawing the water—I had no authority from the prisoner to do that—I do not know for certain how long the water was drawn
from that tap; perhaps a month—my attention was next called to it when Mr. Shearman found it—I was not working there then—I afterwards saw the prisoner, and explained to him how the pipe had been connected with the main—I thought I was doing what was right and proper.
Cross-examined I have employed my father on and off for about two years—I was 22 last September—I work a good deal for the prisoner—I manage the plumbing work—I am paid so much per hour, and I draw an account each week—I did not charge any time for doing this, or for the pipe and tap—it was his pipe—pipes are put into the store, and I can take them out—this pipe would cost perhaps 15s. or 17s.—we did not put the pipe under the ground—the navvies were digging, and they covered it up—my brother did not cover it up—perhaps it covered itself up—there was no reason for secrecy, except for stealing the water—the water was taken from the pipe at the back of the w.c., because that was the nearest pipe.
Re-examined When my brother left the pipe the garden was not in proper order; the fences were not completed—I do not know if the prisoner saw the pipe or not; he was only there about twice a week—the pipe was run over the ground in the ordinary way.
WALTER DEBENEY . I live at 44, Queen's Road, Plaistow, and am the brother of Owen Debeney—I assist him as a plumber—I made this connection outside the water-closet at Preston Road some time in June, 1899—the tenant was not then in occupation—I just covered the pipe over—it was not buried in the ground, only just a little—it was out of sight entirely—the garden fence was up, and the pipe came out under the fence—I did not see water drawn from it.
Cross-examined It was about 6 in. under ground by Holland's land, and when it got to Holland's land of course the pipe showed.
WILLIAM PALMER . I am a master plasterer, of 4, Morland Road—I have worked for Mr. Holland since 1899 on this World Park Estate—in May and June, 1899, I was plastering the houses in Preston Road—at that time the building was supplied from the road, but that was stopped in March, and then the only supply was from 32, Preston Road—I asked Owen Debeney if the water had been cut off, and asked for a main supply, and got it—on June 22nd I found the pipe on—water was drawn from this pipe into a tub—I had about 11 assistants at that time, and we used the water from the tub till we got to No. 34—the men were obstructed from getting the stuff—the supply at No. 32 was not sufficient to supply us, and the bricklayers at the other end—the men covered the pipe over to save further loss, and there it remained—after a certain time I did not see men drawing water from the pipe for drinking purposes, I was told that it was jammed up—I heard no more about it till April 25th—I was on the works when Shearman came—he came from Preston Road and walked to the small hole which I described as a puddle in the street—from the hour he came no man went to the small hole and took water from it with a bucket—my brother was with me—before that, we got water for the building works from the well—there is no indentation whatever leading to the channel—when the well was not full of water I did not see water running from the puddle, only when it rained—there was nowhere for water to run, only on the ground—I know Barr and his men, but never
saw any of them take water from the small hole; they took water for pointing from the well, and six pails a day would be sufficient—70, 80, or 90 pails would be impossible—since April we had plastered four houses in Dyson Road and four of the Preston houses—we got the water from the ballast hole—I went at 6.30 a.m.—I did not see anybody fill the ballast hole from a garden hose—the water was taken out of the two ballast holes—there was more water there than we could do with—since July 26th building has been continued, and an account has been kept of the depth of water in the ballast hole, and we have had all that we required.
Cross-examined I am still in Holland's employment, seeing him every day—we have not always had too much water; we could do with a little now—I found the pipe at the back of No. 8, and found that water could be got from it, and we used it—I did not know whether it was connected with a domestic supply—we have used the well because it is more convenient—we used to drink the water from the pipe—we ceased to use it for building when we had finished, No. 24—a time came in February when we only took a pint for our tea—I knew of the connection with the sewer, but do not know when it was done—it is untrue that I saw Mr. Shearman bare his arm and find the pipe.
Re-examined He did not take up the supply in Poppleton Road, because of the increased cost, and that was the reason he used the water on the land—it was not used for the houses in Dyson Road and Poppleton Road, because there was water in the well—I saw the document in which he applied for a supply, and did not take it up—I know that the water was not paid for—I found the pipe at the back of No. 8 some days after I asked the plumber to put on a supply.
By the COURT. I suppose the water came either from No. 8 or No. 10, but I did not know that the pipe was connected with the w.c.—I did not ask whether it was a proper thing to connect a pipe with the supply to a house.
CHARLES PALMER . I am a brother of the last witness, and live at 17, Walborough Road, Stratford—I have been, working with my brother on the prisoner's estate—I did not see the pipe that was run over the tub—from the hour I first saw Mr. Shearman standing there I saw no man dip a bucket into the small hole, and I commanded a view of the whole distance.
Cross-examined I could not help seeing him—I watched him because it was extraordinary for a man to come on the job, and I turned to my brother and said, "I wonder what is the matter?"—I did not say, "It is all up."
Re-examined I have seen Mr. Shearman on the ground, perhaps twice a week, or more frequently.
JOSEPH GARTH . I am a navvy, of 10, Beulah Road, Leytonstone, and have been in Mr. Holland's employ since last summer—about the second week in February I was digging out the ground at the back of the houses in Dyson Road, and found some lead pipe—I did not dig up the end of it, and do not know whether there was any water in it, but later on I was digging and found a tap, and told Mr. Holland—he knew that we had found the pipe before we found the tap, and when
we found the tap we told him so—I do not know who turned the tap, but when we wanted water we got it from there for about three weeks—before that, when we wanted drinking water, we begged it from the houses—we stopped using the tap because Mr. Hammond told me he had hammered it up; he did not say why—after it was hammered up we found that it leaked, and we filled our cans from it when we had time—there is a small hole, apparently bored, in this pipe (Produced)—that was only for drinking purposes—I remember a double load of chalk lime coming on the premises—I was told to run it into putty—that would take an immense quantity of water, which I was to get from the well, and I laid a connection through an iron pipe to the well—it was beyond 2ft. deep—we took a brick out at the end and put a plug in, and connected it with the sewer—I do not know whether that was about 10 days after Mr. Shearman came—I have said, "It was done the first week in May, 1900"—it was about four days before Mr. Mardell came—I bricked the hole up directly, and it was made good according to Mr. Mardell's order.
Cross-examined Every word that I said before the Magistrate was true—when Shearman came the place was quite dry—I would not say that there was not a pint of water there—of course there was a channel to take the water to the big hole—I laid a bag there, that I should not trip over the pipe—I have laid 50 planks in some places—my gang drank about two gallons of water a day—we wanted water for our tea ever since I have been there—we had a two-gallon can—we did not use it for building, because we did not want it.
Re-examined I began to work for Holland in November, 1899—I never saw any supply for the buildings drawn from the tap.
HERBERT GRAY . I am a foreman bricklayer, of 34, Forest Road, Leytonstone—I have been employed at Mr. Holland's works about two years—I was working on the Preston houses, where the water was supplied from—I know that Mr. Holland had a supply for Preston Road from the company—we got the water to build the houses in Poppleton Road and Dyson Road, from the well at the back of No. 4 and No. 2—I have never seen water running down to that well from a little hole above it.
Cross-examined I only went to that place occasionally—I do not know what building supplies there were.
STEPHEN DEVITT . I am a carpenter, of 24, Pembroke Road, and work for Mr. Bowers—I was there at the beginning of this year—the boys who got the drinking water for the men, got it from the pipe at the back of No. 8—I started getting water for myself for my tea at the beginning of February, but at the end of February I found the pipe screwed up against the fence, and I got water from the neighbours—I think the pipe was taken away by the Water Company—it was not like this when I first got water from it; it was more open—I found it hammered up, and got a bradawl and bored a hole through it and got some water.
FREDERICK BOWERS . I am a master carpenter, and work for Mr. Holland—I have 12 or 14 men under me—the last witness worked for me—there was a supply of water in Poppleton Road, which was discontinued and then the only supply was from No. 32—water was supplied last year from over a tub—my men generally got their drinking water from houses
and afterwards from a pipe at the back of Preston Road, and I have got water from that pipe by turning the tap, but it was afterwards knocked up—I did not see anyone get water from it for a long time after that—I do not know when the hole was bored—since February this year we had drawn the water for building from two wells and the ballast hole—if the pipe was turned on, and the water ran through the channel till the well was filled, I must have seen it.
Cross-examined. As a carpenter I had nothing to do with where the water came from.
CHARLES TREMBLING . I am a navvy, and worked on the prisoner's land last year—I was assisting when the ground was dug up at the back of 8, Preston Road, in February, and I dug up a pipe—I did not see any water then, but I afterwards saw the men taking water from it for drinking purposes—they left off because the pipe was hammered up at the end—they were making mortar when Mr. Shearman came, and got the water out of the ballast hole—I saw the pipe that day; no water was running from it then.
Cross-examined. The hole was dry; there might have been a little damp from rain or dew.
DAVID BUNN . I am a navvy employed under Mr. Gough—I first saw the pipe at the rear of Preston Road in February—I was there when it was dug up—I afterwards saw men and boys taking water from it for drinking purposes till it was hammered up, after which I saw this hole bored in it, but did not see water taken from it after that—I saw the place in April where the pipe was lying; it was not deep enough to put a pail in.
Cross-examined. There was no sack over the hole—I was not afraid of falling over the pipe.
ALBERT EDWARD LINCH . I am a lighterman, of 46, Colworth Road, Ley tonstone, and am a bricklayer and timekeeper in Mr. Holland's employ—I first went on the work in March this year—I have not seen this pipe, or men drawing water from it—the small hole was not deep enough to put a bucket in—since I have been there the men have got water from the ballast hole and two wells—I never saw a channel 40ft. long to the well—I have been there every day—I was on the land when Mr. Shearman came, but did not see a man put a bucket in the hole and fill it—if he had I must have seen it—on June 9th I saw Bard standing at the ninth or tenth house in Poppleton Road—he said, "I will have my own; but I will go down to the engineer"—since July 30th I have measured and kept account of the quantity of water in the well and in the ballast hole every morning till September 10th—the old well was reopened on August 25th, and has since been used for drawing water—the water was not put into the well through a garden hose when Mr. Mardell was there—I was on the ground last night, but Mr. Collier, who was examined yesterday, had been there and had gone.
Cross-examined I kept this record by Mr. Holland's instructions—I know nothing about what the building supplies were—I never drew any water from this pipe, and never saw anyone draw any—I did not know that it was connected with No. 8—I did not see the ballast hole connecte
with the sewer, but I was looking that way when Mr. Shearman came—there was no sack over the hole, but there were plenty of sacks lying about—before I was a bricklayer I was a Metropolitan policeman for six months, and have given evidence three times—we may have been short of water when the connection was made with the sewer—August was very warm, but we had some wet.
CHARLES VENDERY . I am a bricklayer and pointer, of 11, Woodley Road, Walthamstow—I have worked for Mr. Holland since January 3rd—I saw the pipe at the back of No.8, but did not see water taken from it; we got it from the well—I pointed the whole 12 houses, for which six or eight pails of water a day were wanted—60, 70, or 80 pails would wash them away—I never saw water running down the channel till the well was filled.
HENRY GREENSLADE . I am a tiler, of 74, Priory Road, East Ham—I tiled the path and forecourt at Poppleton Road—I was there at the time Bard and his men were working there—I have not seen him or his men go to the pipe for water, and we were both working on the same houses.
Cross-examined. I did not see the pipe at the back of No. 8 used, but at the end of the week we made a little hole to get some water—we had no money to get anything else at the end of the week—I was working there in May, but noticed nothing the matter with the water—we simply use it with our hands—it was always quite sweet.
ROBERT PHILIP WELLOCK . I am an architect and surveyor, and Associate of the Royal Society of British Architects, of 45, Finsbury Pavement—on July 20th I went to the prisoner's estate, and on July 23rd I was shown a spot about 12ft. from the end of the pipe which had been cut off—there was a very slight depression—it was a rough piece of land—it was firm, and did not appear to have been recently disturbed—the place was not deep enough to dip a bucket into, nor yet a teacup—I saw the ballast hole at the back of 14, Preston Road—it was 5ft. or 6ft. deep—there was water in it—I put a rod down, and calculated that there were 500 to 600 gallons of water—I was also shown, at the back of 40, Preston Road, a well boarded in—the boards were 5ft. or 6ft. above the level of the ground—it was about 6ft. square and 7ft. or 8 ft. deep—I do not know what it would contain when full, but there must have been 200 or 300 gallons in it, because they had been working it all day, and I was there in the evening—300 gallons would be a fair amount for the day, but there would be times of emergency when they would want to draw more—the land is coarse gravel mixed with sand, and in some places clay—there had been some ornamental water—I went again on August 23rd, having suggested that the well should be reopened—it might he 12ft. or 14ft. deep, but the amount of water in it was very slight, not more than 300 gallons—August was very wet, and on the days that I went there had been rain in the morning—if it was a very dry season it would be very much less—if 80 or 90 pails were required for pointing the houses in Preston Road we should have the water up to the first floor—about 15 or 16 pails would be required.
Cross-examined. I am not an expert in water, but it has a very great interest for me—I went there in the evening in July, and Leach, the foreman, told me that they had been working very hard all day—I saw an
old man or two there, and three or four others—I do not know their names; they answered when I spoke, and indicated the place of the ornamental water—I saw no place where it would be necessary for a man to turn up his coat sleeves and put his hand in the water to find a pipe.
CHARLES BARD (Re-examined.) I saw Charles Vandersee when I gave evidence here, but I have not seen him since—it is not true that I met him at the public baths, nor did he ask me how Holland's case was going on—I was not there—I did not say, "Why don't you come along with me, and swear that water was used?" nor did he reply, "I ain't going to tell any blooming lies for anyone"—I know Greenslade; he was only on Holland's estate three days when I was on the job, and did not get my 8s. 6d.—I did not see him after my dispute with Holland, and say that if Holland would not pay me my money I would have my own back, and destroy some of his property.
The prisoner received a good character. GUILTY .— Nine Months in the Second Division.
MR. WOODCOCK Prosecuted.
JESSIE CHRISTINA HARWOOD . I am the wife of George William Harwood, of 30, Melbourne Road—on August 18th we left for a holiday, leaving the house in Mrs. Spurgeon's charge—I put some plate in a chest, locked it with a brass padlock, put it in a drawer, which I locked, and locked the door of the room—I also put away other property on the first floor—I received a telegram and found the door opened, the box burst open, and the padlock downstairs—a box which had contained two sovereigns was opened and the money gone—these (Produced) are the things I locked up in the box—I found them lying about—they are worth about £15—this iron box found in the house is not mine.
REBECCA SPURGEON . I am a widow, of 40, Folly Street, Walthamstow—I took charge of this house for Mrs. Harwood, and slept there—the box-room was locked up—I left at 1.10, and am quite sure I shut the door—I returned at 7.30, and found the house broken open.
ALFRED NORTH . I live at Ilford—I was observing this window from my house on August 23rd, and Mr. Trulove was upstairs—at a few minutes to 5 o'clock I saw three men go to the end house and one man go into the porch, and then a third man went to the porch—I called Mr. Trulove down, and then went to my back garden and asked some workmen to come and assist me—Mr. Trulove came out as arranged, and directly the third man saw us he ran away—I pursued him, but lost him—I came back, and we surrounded the house and entered it, and the prisoners were on the landing.
JOHN TRULOVE . I live at 29, Toronto Road, Ilford—on August 23rd I was in Mr. North's house, and he drew my attention to three men—one went into the porch, followed by a second—Mr. North went into his back garden and got two labourers, and then the third man bolted—we called,
"Stop thief!" and surrounded the house, went in with a neighbour's key, and found the two prisoners there.
Cross-examined by Jones. I saw you go in.
JOSEPH ROSKELLY (Police Sergeant.) On August 23rd I was out in plain clothes for a walk with my wife, and saw several persons looking at this house—I obtained a key from a neighbour, opened the door and found the two prisoners on the first floor—I said, "What right have you here?"—they said, "We are burglars"—a constable came, and we took them to the station—on Thomas were found two box keys and some matches, and on Jones a piece of candle and three door keys, none of which would fit the door—I went back with a detective and found ajemmy—various articles which had been taken from a box were lying on a table.
WILLIAM EUSTACE (Detective Sergeant). On August 24th the prisoners were placed with some other men—Jones took off his hat, and a sovereign fell from it—he said, "Let me have that; that is mine"—I took off Thomas's hat, and a sovereign fell from that—I went to the house; the bolt of the lock had been forced back, and one screw was broken, but not so as to prevent the door being shut again—I found this jemmy in the scullery, and fitted it to the marks on the plate chest.
Thomas, in his defence, stated that he met Jones, whom he had known a few weeks, who went into the house and came back in about 15 minutes and took him in; and that the box was then open and the silver lying outside; but that they did not break in, and that he knew nothing about the iron box.
GUILTY .—THOMAS*— Nine Months' Hard Labour. JONES received a good character— Two Months' Hard Labour.
MR. WOODCOCK Prosecuted, and MR. C.B. MORGAN Defended.
The Prisoner stated that he was GUILTY, and the JURY found that verdict. He received a good character.— Four Days' Imprisonment.
592. WILLIAM JAMES HAYTER (34) and BENJAMIN WILLIAM ELLIOTT (49) , Conspiring, with other persons, to defraud William James Mackintosh and other persons. Other Counts: For obtaining money by false pretences.
MESSRS. AVORY and STEPHENSON Prosecuted.
CHARLES JAMES MACKINTOSH . I am managing director of William Price & Co., wholesale ironmongers, of 3, Kingsland High Street—two men, whom I believe were the prisoners, called on me last year for a subscription to the Lightermen's Regatta—one man was short, and one tall—I believe Hayter was one, but he was wearing something over one eye—I gave them 10s. for the company, and the secretary signed their book, which was headed "City and St. Mary's River and Docks Swimming and Life-Saving Tournament, 1899"—I said that we were only interested in the Carron Wharf—they said that the Carron Wharf and themselves were one—about January 9th, 1900, two men, I cannot say whether they were the same, brought this list No. 2 with the same heading, and got 10s. out of me—the secretary signed it—about March 1st two men called with list No. 3, which has the same heading—I gave 10s., and signed the
paper myself—about the middle of May two men called again with this book (Produced), headed "Thames Lightermen and Stevedores Grand Annual Regatta, 1900"—there is a list of persons under whose patronage it was—10s. was given, and Mr. Cocker, the same gentleman, signed—I did not intend to give more than one subscription; it was carelessness—on June 22nd two men came again with the same book, and 10s. was given and signed for by Mr. Cocker—I thought the lightermen's regatta was a genuine concern—there were entries of well-known firms—I believed that there was a regatta every year, and that they were amalgamated with Carron Wharf.
Cross-examined by Elliott. I should say that you are one of the men—I did not see them on the other occasions.
JOHN JAMES ROWLEY . I am a ship clerk at Carron Wharf—there is no regatta or swimming tournament in connection with the wharf—I do not know either of the prisoners—they have no authority to collect subscriptions on behalf of Carron Wharf.
Cross-examined by Hayter. You have nothing to do with the wharf.
Cross-examined by Elliott. I have no right to speak for the lightermen at the wharf.
Re-examined. It is not true that the men at Carron Wharf are amalgamated with the prisoners—we have no lightermen whatever.
ALFRED KING . I keep the White Lion, Rotherhithe—I gave 5s. in January to a man who brought this list No. 2 for the regatta—this is my sister's signature—I saw her sign it—the amount has been altered from 5s. to one guinea.
Cross-examined by Hayter. You are not the man I gave the money to.
Cross-examined by Elliott. I do not recognise you.
BERNARD EVERETT . I am managing director of Lobb's Brewery, Roman Road, Barnsbury—about April 20th two men called and produced book No. 3, headed "City and St. Mary's River and Docks Swimming Tournament"—they asked for subscriptions, and said that the men of the Great Eastern Railway were all customers at one of our houses, the White Hart, Shoreditch, and on the strength of that I gave a half-sovereign—I am under the impression that Hayter is one of the men—I believed it was abona fide entertainment.
Cross-examined by Hayter. I do not know now whether it was a regatta or a swimming club—the man was not in uniform—he had green corduroy trousers on—I paid a donation last year.
Re-examined. This (Produced) is the list on which I paid the previous subscription of 10s. on January 29th—it appears to be the same entertainment; it did not occur to me that I was giving twice over for the same thing.
ALFRED LEVY . I kept the White Hart, Shoreditch, up to April 27th—my house was used by the Great Eastern Railway men largely—no swimming tournament or regatta was got up there by the men who use my house.
ATKIN ADAMS . I am private secretary to Mr. Irwin Cox, M.P., of 67, Mount Street—I believe two men called on me in May, but I did not see them, but ultimately I saw Elliott, who gave the name of Haycock—he had previously called on Mr. Cox for a subscription to the Lightermen's
Society, and another for St. Mary's—he produced a book containing the signatures of people who had subscribed, headed "City and St. Mary's Stevedores' Swimming and Regatta"—on the first occasion I did not give anything, but asked the name and address of the secretary—this address (Produced) was left with the butler—I made an excuse that I had not a cheque book with me—I left a letter for him, and he called and had it—it was addressed "Secretary, Lightermen's Society, Queen's Road, Rotherhithe"—I reported the matter to Mr. Cox, and he agreed to subscribe £4 4s. to each entertainment—I signed both the books and sent a cheque for £8 8s. by post, dated May 14th, to that address, payable to the Middlesex and Surrey Lightermen's Society, which was the name Hayter had given me—I believed that they were genuine entertainments, and that these men were engaged to collect for them.
Cross-examined by Hayter. I never saw you before—I was shown a card with the name of Hayter on it—I believe a man left a paper with me—I appeared twice, and said that, to the best of my belief, the taller man was the man I saw.
Cross-examined by Elliott. To the best of my belief I never saw you at Mill Hill—this letter is my writing—(Asking for the address and promising to send a cheque.)—I saw you in the hall of the house—you showed me certain papers—I asked for a bill of the regatta—you said that you had not one with you, but would send one—you showed me one of the swimming club.
Re-examined. This card (Produced) is similar to the one-produced about the swimming entertainment in 1899.
THOMAS BRANDON . I am a hair-dresser, of 207, Commercial Road—I know Elliott as a customer—both the prisoners came to me about May 14th, 1900, and Elliott asked me to cash Mr. Cox's cheque—I gave him £7 7s., deducting £1, which he owed me.
Cross-examined by Elliott. I gave you the full amount, and then you gave me half a sovereign or a sovereign—I have changed three or four cheques for you, and always found them correct.
By the COURT. I have changed about three cheques for him since May, but do not know whether they were from members of Parliament—they were for 25s. and a guinea and other sums.
THOMAS BLANCH . I am a coach-builder, of 289, King's Road, Chelsea—on May 2Ist two men came to me with this subscription book, No. 1—I gave them 5s., and wrote the amount myself—this is my name, but the amount has been altered to four guineas—I have no connection with the river, but I take an interest in regattas.
Cross-examined by Hayter. I do not think I ever saw you before I saw you at West Ham.
FREDERICK WILLIAM LAWRENCE . I live at Mansfield House, Canning Town, and was a candidate in May for the Lambeth Division of London—on May 23rd three men called on me; Elliott was one—he was the principal speaker—he said that he and the others came to me from the lightermen and stevedores, and wished to lay before me, as a candidate, the privileges of the lightermen, and that it was very important that only skilled men should navigate the river—I agreed with him—he produced subscription book No. 1, and said that he was collecting money for the
lightermens' and stevedores' annual regatta on behalf of the lightermen, and asked me for a subscription—I promised him £2 2s., and I wrote it on the first page—there is a very good name just above mine, the First Lord of the Admiralty, who is down for £1—Elliott then turned to the man on his right and asked him to bring forward his book—he said he was collecting for a swimming club, and produced this parchment of the "St. Mary's River and Docks Swimming Tournament and Life-Saving," and I put my name in for a guinea—the third man then chimed in, and said that he represented several thousand stevedores of the Royal Albert and Victoria Docks, and was collecting for them—I gave him three guineas for them in cash—I believed they were genuine regattas, and that they were authorised to collect subscriptions for them.
Cross-examined by Hayter. You did not say that you represented any society.
Hayter. I admit that I was there.
Cross-examined by Elliott. I think you mentioned the Lord Mayor and the late Lord Brassey—I do not think you mentioned a society.
Re-examined. I believed I was paying the money to an annual regatta on behalf of the lightermen.
GEORGE WILLIAM KING . I am inspector of the freemen of the River Thames, at Watermen's Hall—before a person can act as a waterman he must be bound to the company, and, after two years, he goes under examination for a licence—that goes on for three years, and it has to go on till he is out of his time, five, six or seven years—Hayter had a licence as a waterman, which expired in 1897; it has not been renewed since then—neither of the prisoners can act as a waterman or lighterman this year.
Cross-examined by Elliott. They do not require any licence to walk the streets—this (Produced) is one of the freedoms of the Court—I do not know that you have ever been prosecuted by the company—you are not a freeman now, you will have to petition the Court, and it is for them to grant you another licence if they think fit—you have not worked as a lighterman for the last 12 years.
Cross-examined by Hayter. There are about 5,000 in the company—I have been in the service 25 years, and there have been lightermen's regattas; they had nothing to do with the company.
HARRY GOSLING . I am secretary to the Amalgamated Society of Watermen to the River Thames; two-thirds of the watermen belong to it—I know the prisoners; neither of them belong to it—I did not authorise either of them to get up subscriptions for watermen on the Thames—there was no regatta in connection with the Lightermen and Watermen's Union—I know of one or two duly constituted regattas; one at North Lambeth was under a properly constituted committee; the prisoners are not connected with it.
Cross-examined by Hayter. The Lambeth Regatta has been in existence a number of years—it has always been under the auspices of the Watermen's Society at Lambeth—the question is, what is a regatta?—I know of some entertainments.
Cross-examined by Elliott. The limits of the Watermen's Company
are from Gravesend to Brentford—if you are going to have a town regatta you call the townspeople together, and for a Thames regatta you consult the Thames people.
JAMES ANDERSON . I am general secretary of the Amalgamated Stevedores' Protection League, which is registered—it consists of 4,000 men, which is about 9-10ths of the stevedores on the Thames and the Albert and Victoria Docks—I have never heard of the Thames Lightermen's and Stevedores' Grand Annual Regatta—as far as I know, the stevedores of the Thames do not have an annual regatta at all, or swimming.
Cross-examined by Elliott. I am a stevedore, and I do not know of any stevedores' regatta.
Re-examined. The Shipping Federation embraces the whole of the City of London.
Cross-examined by Elliott. I do not know whether there is any stevedores' regatta, but I know that the Shipping Federation have not authorised anyone to collect money in that name; there are several regattas going on.
ALFRED COOK . I am branch secretary of the Dock, Wharf, Riverside, and General Watermen's Union—it includes stevedores—I do not know any man named Sinnett—no man, to my knowledge, has been authorised to collect money for the stevedores this year—I have never heard of the stevedores' regatta on the Thames.
Cross-examined by Hayter. There was a regatta last week—I have been in London 25 years—stevedores take part in these things.
FREDERICK GEORGE PARKER . I live at 14, West Lane, Rotherhithe—I know John Sinnett; he is a corn porter—I know his writing—the endorsement is his writing, and this pencil address also—I cannot swear to this receipt, "R. Howard," to Mr. Gold; but my opinion is that it is Sinnett's writing.
Cross-examined by Hayter. I have looked at the front and at the back of the cheque—I cannot swear that the receipt of Gold resembles Sinnett's writing very much—I have known several regattas between lightermen and stevedores, and stevedores take part in them whether they are union men or free men.
Cross-examined by Elliott. Sinnett has not the authority of anyone that I know of to collect—there is no necessity to go to a society for permission that I am aware of.
Re-examined. I do not know what becomes of the money they collect.
GEORGE LAWRENCE . I am a manufacturing chemist for medicated confections, at Bermondsey—about October last Mr. Savory spoke to me about a swimming tournament at Poplar Baths—he showed me a bill—it was for a handicap for Hayter, open to all comers—it was like this—(Headed "City and St. Mary's River and Docks Grand annual swimming tournament" and signed "Manager, W.J. Hayter" first prize a purse of gold and a suit of clotes.)—there were 22 competitors—I entered and won the race—Hayter had then gone—he lives in the same neighbourhood as me—I always knew him as a lighterman—I went to his
place—he paid for some beer and said, "I have not got any prizes with me; I will see you by-and-bye"—I saw him later on with another man, and said, "I want my prize, Hayter"—he said, "The balance is coming"—I left him and went home, and on the Wednesday night I saw him in a public house, and said, "How about my prize?"—he said, "I am broke to-night; come and see me to-morrow night"—I got 10s., and signed this paper: "Received from W. J. Hayter, on behalf of the City and St. Mary's River Swimming Tournament, the sum of £5 and a suit of clothes.—G. LAWRENCE"—I did not get the suit of clothes—I did not go to Mr. Gold—I did not see a band—there was simply a barge and about 15 swimmers—somebody named George Taylor, I think, regulated the start.
Cross-examined by Hayter. I took a prize in a race of yours before, a marble timepiece, but I do not consider it valuable—I did not assist in making the handicap, but I got the printing done for you—I thought you were a lighterman and a bona fide man till I read all this in the paper—after you paid me we went to the theatre—I did not change a sovereign—10s. was all I had of you—I did not see Nolan paid.
Re-examined. Nolan threatened to dash my head in.
FREDERICK CLARK . I am a reporter on the staff of Sporting Life—I attended the swimming tournament on October 30th, 1899—Hayter was the manager—no one received any prizes, to my knowledge—I have attended swimming competitions 25 years—the meeting was not conducted at all; Hayter was taking the money—there was no band; I saw somebody playing a fiddle outside On the steps after Hayter had gone—he went a quarter of an hour after the meeting began, as soon as he had taken the money—the matter lasted less than half an hour.
Cross-examined by Elliott. I did not see you that night—there are a great many swimming tournaments among lightermen and stevedores.
By the COURT. I saw no purses of gold or suits of clothes, or anything which might be a prize.
RICHARD GOLD . I am an outfitter, of 263, East India Dock Road—in August, 1899, two men called on me and said that they worked for 'buses—I promised the winner of the first prize a coat and vest—on October 1st two men called; I do not recognise either of the prisoners—they gave me a ticket like this (Produced), and showed me a poster—on October 30th, about 9.30 p.m., I was outside the Poplar baths, and found it was all oyer, and on the second day after that the man who gave me the ticket came to my shop with another man, who had won the prize, and I gave him the coat and vest—I do not recollect his name, but he signed this receipt, "Laurence."
Cross-examined by Hayter. It was in July or August that you came to me, but you had no beard then.
HEBERT MOBBS . I am a law stationer, of 20, Bucklersbury—I cannot recollect the date, but I did the illuminating and printing of No. 2 for Hayter, and book 3—he paid me 10s. 6d. for them—I also did list No. 4 for Hayter, and he paid me—I expect that was in 1898—in December, 1898, I did a large list, a small list, and a red book for Elliott—neither of them said anything about this tournament—these sheets are easily slipped out when one page is filled and put into another book.
Cross-examined by Elliott. I supplied the book in this state.
ALBERT HELDON (Thames Police Inspector.) On July 6th, at 11 p.m., I went with another officer to Creadon Road, South Bermondsey, and saw Hayter—I told him we were police officers, and had a warrant for his arrest, with three other men—he made no reply—I took him in custody—as we went along we passed a public-house in Wapping, and he said, "There is the sod who put me away"—I do not know to whom he referred, but I said,"No, it is not"—he said, "Who was it?"—I said, "Mr. Lawrence"—he said, "Defraud him! nothing of the sort; he paid me one guinea; you had better be careful"—about 11 o'clock next day I met Elliott in Egmont Street, Hatcham, and told him I was going to take him into custody for conspiracy and fraud with another man—he said, "All right; where are you going to take me to? who gave you information?"—I said, "Mr. Lawrence"—he said, "I have always been about with boats"—I asked him in Hatcham if that was the nearest way—he said, "Yes," and ran away; I ran after him, and he threw this book No. 1 over a wall—the total amount of subscriptions in it is £83 15s., and that is only one book—going along, he handed me a pocket-book containing "Vacher's Parliamentary Companion" for May, and the names and addresses of M.P.'s, several slips with names and addresses of gentlemen, and a ticket for the Grand Thames Watermen's Regatta of September 5th, 1899—the third man I hold a warrant for is John Sinnett—I know him as Sullivan—I have not been able to arrest him—I have seen him with both the prisoners—I have seen the prisoners together—I am familiar with the river side; I know of no stevedores' regatta conducted by the prisoners since 1896, or any society-called the Middlesex and Surrey Lightermen's Society.
Cross-examined by Hayter. One party has not, to my knowledge, been charged at the Police-court and discharged—a swimming contest has taken place at the Bermondsey Baths.
Cross-examined by Elliott. When I arrested you you said that you were going to have a regatta, and had been about a boat—you asked me to allow you to smoke; I said, "Yes," and you put your hand in your pocket and said, "This is the nearest way," and ran off—you asked me to let your wife know—the book did not fall out of your pocket in a struggle on the pavement; you took it from your hip pocket and threw it over a wall 7ft. or 8ft. high, but there was some wire netting, and it fell back on the pavement.
ROBERT FULLER (Police Inspector). On July 6th, at 11.30, I saw Hayter at Wapping Station, and told him I had a warrant for Hayter and he said, "That is right; I am the person"—I found on him the list No. 2, the parchment subscription list, which is signed "W. J. Hayter, manager and collector"—I have totalled up the subscriptions in it; they amount to £83 3s.—No. 3 was also found on him, the subscriptions in which amount to £97 12s. 6d., No. 4 to £66 16s. 6d., and No. 5 to £115 10s.—here are also 18 parchment leaves of 186, 187, 188, and 189, total £157 7s. l0d.; the total of all added together is £667, but it is impossible to say about the 18 loose pages—there are two alterations in No. 2—I also find a balance sheet showing total receipts £7 5s. and expenditure £75, certified by John Stanley, the man who is wanted—I also found a number of invitation cards and two pocket-books
containing the names and addresses of gentlemen, some of whom are witnesses in this case; also a waterman's licence, a boatman's licence, and receipts for £2, £2, £2 5s., and 10s.—I find six instances in 1899 and nine this year where the same people subscribed, and in 1899 some people contributed twice—Hayter said that he was a bookmaker and Elliott a lighterman.
Cross-examined by Hayter. A man was charged with a similar offence at the West London Police-court before Mr. Lane, who discharged him—he was charged with obtaining two sums from a life-saving society—he was a well-known public man, a teacher.
Cross-examined by Elliott. Book No. 1 was found on you—it is not all in order; some pages are missing—I cannot find any reference to a previous year; the first entry is May 21st.
Elliott, in his defence, stated that he admitted obtaining subscription for a regatta which he was promoting for September 4th, but denied the other charges, and contended that what he had done was bond fide. Hayter made no defence.
GUILTY .—Two previous convictions of fraud were proved against Elliott. HAYTER— Eighteen Months' Hard Labour; ELLIOTT— Twenty Months' Hard Labour.
Before Mr. Recorder.
MR. WARD Prosecuted, and MR. PURCELL Defended.
MR. WARD offered no evidence against Williamski, and the JURY returned a verdict of NOT GUILTY . GUDRICIS withdrew his plea and PLEADED GUILTY to unlawful wounding, and the JURY therefore returned a verdict to that effect. — Six Months' Hard Labour.
Before Mr. Common Serjeant.
594. DANIEL SALVADOR (26) PLEADED GUILTY to breaking and entering the school-house of the East Ham School Board, and stealing 31 yards of calico and other goods, their property.— Twelve Months' Hard Labour.
MR. SANDS Prosecuted, and MR. LAWLESS Defended.
JOSEPH CARTER . I am a milk dealer, of 29, Green Hill Grove, Manor Park, Ilford—the prisoner entered my employment about 15 months ago at 27s. a week as general servant and milk carrier—his duties were to take milk out to customers, collect money, and to give receipts for money paid, and to pay over the money collected—my wife kept the books and made out the bills—on August 6th I mentioned to him several item not paid—on the next Saturday evening I went to several customers and came back and told the prisoner about several accounts he had not booked in, and several accounts made out in someone else's writing, and that I would not have him in my employ any longer, as he was
robbing me—he said, "If you will only give me another chance, governor, I will pay you 7s. 6d. a week back—on Sunday morning he got up in my cart—I could not get him out, and he went round with me, but I did not let him do anything—on the Monday I had another complaint, and he came, and I said, "I am determined you shall not go"—he struck me a violent blow on my eye—we called the police, and I got a warrant for his arrest—he has never paid me 8s. 9d. received from Mrs. Graham, 12s. 1d. from Mrs. Ledbetter, 13s. 9d. from Mrs. Nicholls, 7s. 4d. from Mrs. Barnes, nor two sums of 7s. from Miss Wheeler—I had a conversation with him about Mrs. Graham's account three or four days before the Saturday I discharged him—two or three months previously he told me she had done a guy—that was in March—it meant that she had run away—she was then living in Little Ilford Lane—she is now living at 95, Seventh Avenue, the next turning but one—her husband is described as a sergeant instructor—I told the prisoner I should try and find her out—I made inquiries—I afterwards saw Mrs. Graham.
Cross-examined. My wife was present at the conversation with the prisoner—I had suspected the prisoner for weeks—he told the policeman I owed him money—he has not over and over again claimed commission from me—commissions are usual with less wages, say 22s., but I gave him 27s. to cover all on his own suggestion—there were about 120 customers—commissions are on new customers; half-a-crown on a quart customer—I was doing 18 barn gallons, and the prisoner only 13—I was nearly always present when the prisoner paid in—I never looked to him for deficiencies, nor deducted his wages for them—having advanced 10s. and 4s., we paid him the balance of 13s. on the Saturday for wages—I did not have a blue foolscap sheeet from him showing a commission due of £3 19s. 6d.—I offered him half a sovereign, and said he should have another later on one Saturday early, when he said he had secured someone for milk in the road—I did not tell him I could not spare the money.
REBECCA CARTER . I am the wife of the last witness—from February last I have been keeping the books—the prisoner booked into my ledger from a book I supplied him with the quantity of milk a customer had, and the money paid every night—he called out the entries—all these entries in this ledger are made by me at his dictation—the book shows that on March 17th Mrs. Graham's account was £1 3s. 9d.—in March the prisoner did not pay me 12s. 9d, nor any sum on account of Mrs. Graham—I asked him to try and get in the money—about a fortnight after he said Mrs. Graham had done a guy—I said, "Do you know where she has gone?"—he said, "No"—on April 6th he did not pay me 12s. 1d., nor any sum from Mrs. Ledbetter—the book shows that £1 98. 5d. was then due—I gave him her bill—I made the bills out every week from my ledger—this is one of my bills—I did not make it out—£1 7s. 4d. was due on April 7th, according to the prisoner's book—I do not know the writing on the bills, but the receipt is Furlong's—he did not, on June 16th, pay me 13s. 9d., nor any sum from Mrs. Michaels—he did not account for 7s. 4d. on April 4th from Mrs. Barnes, of 4, Second Avenue: 9s. 9d. was due—I did not make this bill out for 7s. 4d. but the receipt is Furlong's—he did not pay me 7s. on account of Mrs. Wheeler on April 12th, £1 0s. 7d. was due; nor did he pay me, on her
account, 7s. on May 7th, when the books show £1 11s. 6d. due—I made out these bills—this is the book in which the prisoner put down what the customers had, and from which he dictated the entries for my ledger—it was in his possession when he left, and was produced by him at the Police-court as it is now. (With leaves torn out).
Cross-examined. It was not his own private book, but ours—he had it three months ago new—Mrs. Graham had milk afterwards—the prisoner did not say that he had found where she had gone—he booked her milk in—she had none after March 17th—on that day the prisoner paid in £210s. 11d.—I entered that as a lump sum; also £1 11s. 5d. on Friday, March 18th—we settled up every Saturday—when my husband was ill that settlement went over for about six weeks—I always booked into the ledger the same night—the prisoner never said that he paid in money from customers that he never received—I make out the money to be in default from the ledger—the prisoner did not say that he had made a mistake, and forgotten to mention the sums—he could not make a mistake if he booked at the door—I gave him 13s. on the Saturday he left, as I had advanced him 4s. and 10s., as he said his wife wanted to go shopping—I said before the Magistrate, "On Saturday, August 11th, 1900, there was a clean settlement"—by that I meant that I had finished booking.
Re-examined. Mrs. Graham had milk up to March 31st—when the prisoner bought a book I allowed him the money.
FANNY LEDBETTER . I live at 45, Ridley Road, Forest Gate—my husband is an insurance agent—in April we were living at 53, Third Avenue, Manor Park—we moved on April 6th, when I paid the prisoner 12s. 1d., and he receipted this bill—he muddled me so much that I paid him every week, and then every day, or twice a day—after April 6th I did not deal with Mr. Carter.
MABEL BARNES . I live at 4, Second Avenue, Manor Park—my husband is a commercial traveller—I paid the prisoner 7s. 4d. for milk, and got this receipt—he had not a pencil, and I lent him the red ink with which he added Is. 2d. to the 6s. 2d.
ALICE WHEELER . I live at 101, Harcourt Avenue Manor Park—on April 10th I paid the prisoner 7s. and obtained from him this receipt—he put the pencil marks and the signatures—on May 7th I paid him another 7s. and got this receipt—the bill is £1 lls. 6d.—I discontinued having a bill and paid every day—I knew Mrs. Graham for some time—she passed away yesterday morning.
WILLIAM EUSTACE (Detective-Sergeant K). On August 14th I saw the prisoner and the prosecutor together—the prosecutor said, "I want you to take this man into custody for embezzling sums of money between March 31st and to-day; the sums are 12s., 13s. 9d. and the other I forget; they are from Mrs. Ledbetter, Mrs. Michaels, and Mrs. Graham"—I took him to the Police-station—he was charged and said, "I am not guilty"—I was present at the first hearing before the Magistrate—the prosecutor was represented by a solicitor, who called for the prisoner's round book, which was not produced till the third hearing on August 22nd—the leaves were torn out, and the book was in the condition it is in
now—I heard Mrs. Graham give evidence, and heard her deposition read—(Read: "Caroline, wife of William Graham, 89, Seventh Avenue, Ilford, sergeant, on oath, saith: On March 17th, 1900, I lived it 7, Little Ilford Lane, but I then removed to my present address. I dealt with Mr. Carter. At the end of March I paid the prisoner 8s. 9d., being due from me to Mr. Carter. I have mislaid the receipt the prisoner gave me.")
The Prisoner, in his defence, said, on oath, that his wages were 24s. a weak, 3s. for his son to come on the cart, and a commission of 4s. for a 4d. per quart customer, and 2s. 6d. for a 3d. per quart customer; that £6 19s. 6d. was due for commission, and that he took over the round at the prosecutor's request, and worked it up to about 220 customers, and paid in, in lump sums, all the moneys that he received, trusting to the customers to pay; that he had £3 14s. to come to him from customers, and that accounts were continued in the books after the milk had ceased to be supplied because the prosecutor was going to sell the business.
JOSEPH CARIER (Re-examined). It is not true that accounts were continued in the books after milk had ceased to be supplied—I did not tell them to enter such amounts, nor that he was to take the round over on his own account—he never did take it over.
GUILTY.—The JURY added that they found that the prosecutor contributed somewhat unfairly to the prisoner's guilt. He then PLEADED GUILTY to a conviction of felony at the Thames Police-court on July 9th, 1898.— Six Months Hard Labour.
Before Mr. Justice Bucknill.
MR. PARTRIDGE, for the Prosecution, offered no evidence.
NOT GUILTY .
MESSRS. AVORY and BODKIN Prosecuted, and MR. HUTTON Defended.
JANE CORBEY . I am the wife of John Corbey, of 24, Maude Road, Plaistow—the deceased was my daughter; her maiden name was Ada. Place; she was about 24 years of age at the time of her death—she lived with me till about five years ago, when she left me quite unexpectedly, and I lost sight of her up to six or eight months ago—I did not then know where she was living, or who she was living with; she said she was at work at a coffee shop—I did not see her again till I saw her in the hospital on August 26th—I first knew the prisoner about six years ago; my daughter knew him—I do not know if she went out with him.
CATHERINE FITZPATBICK . I live at 10, Alexander Street, Plaistow—the house' consists of a ground floor and first floor—in July last the prisoner and the deceased took the upstairs back room furnished, and continued in occupation up to the time of the deceased's injury—the woman was an unfortunate; she brought men to my house, and used the upstairs front room—the prisoner followed no occupation while he was in my house—the deceased paid the rent of the room—the prisoner has been at home on five occasions when the deceased brought home men for the purpose of prostitution—once in my presence, when she was going to bed with a gentleman, she came into the room where her husband was, and said, "Mind this purse, Billy, till the morning; I shall be up early"—it had 10s. 6d. in it—at that time the man she had brought home was in the adjoining room—on Saturday night, August 25th, the prisoner came to my parlour door and said, "It is five minutes past 12; I am going to meet her"—he went out and returned about 12.30—he said,; "Ada is coming with a friend"—he then went up to his own room—soon afterwards the deceased came in with a gentleman—I let them in, and took them to the front bedroom upstairs—the door of the prisoner's room was half open then—I left the deceased and the man in the front room, and went to my own room—the deceased came down into my room and left her purse with me, containing some money—the next that I heard was the street-door bang about 7.5 a.m., as somebody went out of the house—about ten minutes afterwards I heard the deceased calling, "Missus, missus, I am dying, I am dying"—I opened the door, and saw the deceased in the passage at my door, saturated in blood—she only had a chemise on—I laid her down on the mat, with her feet towards the street door, and aroused the other people in the house—I went to the station and came back with a constable and Dr. Parker—the deceased was taken away on an ambulance to the hospital—before she was taken away I went upstairs to both the front and back rooms—the deceased's clothes were lying on a chair, and the bed had been used—nothing else was the matter there, but in the prisoner's room I saw the sheets of the bed, stained with blood—the washing basin was full of blood and water and a sponge—there was blood on the floor near the washstand, and marks of blood going down the stairs from the prisoner's room—there was no stain of blood in the front room, or between the front room and the back room—I had heard no noise prior to hearing the front door bang—on August 31st I received this letter, addressed to the deceased at my house—I handed it unopened to the police.
Cross-examined. I did not see the prisoner at all on this morning—the front door was slammed very violently; it woke me—the prisoner generally went out very quietly; he was very quiet in the house—I heard no sounds of quarrelling—the room occupied by the prisoner was over the one next to mine—he would go out between 5 and 6 in the evening, and come back and lie down till between 8 and 10, and than go out till about 12—the deceased used to bring in the men from 12.30 till 1 a.m., generally 1—when the prisoner came in at 12 or 1 he would go to his own room with his wife if she was alone; she only had two gentlemen—when she brought in men I showed them to the front room—I took the money—when men left they would go straight out; the prisoner
did not take the money: be would sit with me sometimes in my breakfast parlour.
JOHN LYNN (536 K). I was called by a man named Desmond at about 7.45 on Sunday morning, August 26th—I was at Plaistow Police-station—I went at once to 10, Alexander Street, and there found the deceased lying on her back in the passage on the ground floor—Dr. Parker was attending to her—she made a statement to me, and I searched the house and the yard behind it; I found that the bed in the front room on the first floor had been slept in, but there were no marks of any disturbance there, and no stains of blood—in the back room, in various parts of it, I found stains of blood, and also in the wash-basin—I did not find any knife or weapon in the house—about 9.15 I took the deceased to the Poplar Hospital.
DR. JAMES PARKER . I practise at 235, Barking Road, Plaisow, and am a registered medical practitioner—about 7.30 a.m. on Sundayt August 26th, I was called to 10, Alexander Street, where I saw the deceased lying on her back on the floor of the passage, in a state of collapse—she was suffering from wounds in various parts of her body—they could have been caused by a knife—one of them was in the abdomen—that was the most serious of all—I did what I could for her and ordered her to be removed to the Poplar Hospital—I did not in any way cut or injure the chemise she was wearing.
SIDNEY HERBERT MORRIS . I was house surgeon at the Poplar Hospital on August 26th, when the deceased was brought in at 9 a.m—an operation was performed and the best done for her, but she died on Monday morning, the 27th—I subsequently made a post-mortem examination, and found that the external marks of violence were a scalp wound 1 in. long right down to the bone on the left side of the head, about 2 in. above the top of the ear; one wound in the right breast 1 1/2 in. long and 1 in. deep; a superficial wound on the left breast, simply a graze 5 in. long; it looked as if it had been scratched with something sharp—on the left side of the chest there was a wound 1 in. long and 1 1/2 in. deep; on the right fore arm a wound 2 in. long and 1 1/2 in, deep in an upward direction; on the left arm two wounds above the left elbow, 1 in. long each and about 1 in. deep—on the outer side of the left forearm there was a wound 1 in. long and about 1 in, deep, that was really under the skin—in front of the left elbow there was a wound 2 in. long and a punctured wound 1/2 in. deep—on the left b✗uttock there were three wounds close together; the deepest was 2 in deep and about 1 in. long—in the middle of the back high up, there was one wound slightly on the. right side 1 in. long, simply a cut through the skin—in the Abdomen, which was the most serious, there was a wound 5 in. long which travelled downwards and inwards, passing through the thorax into the abdominal cavity; the left lobe of the liver had been sliced—the: stomach had been perforated on its front and back walls, and the intestines behind the stomach had also been perforated—the diaphragm had been cut through; the left pleural cavity and the pericardium had been cut into; left lung was
collapsed, and the right lung was water-logged—there were signs of recent pleurisy, pericarditis, and peritonitis—the last wound was the fatal wound, and she died of it—considerable force must have been used—the other wounds were in the character of stabs; every one of them might have been caused by a knife—I should think it was a sharp-edged knife and a sharp-pointed knife—I think the wounds on the arm were caused when the deceased put up her arms to save herself—there were no injuries to the inside of the hands—I had the prisoner's coat handed to me by the police, and on it I found numerous small brown stains on the front, and large similar stains on the right sleeve, especially under the cuff, and similar stains in the region of the left side breast pocket—I examined the stains microscopically and chemically, and I came to the conclusion that they were blood-stains, comparatively recent, and in my opinion it was human blood—on Sunday, August 26th, while the deceased was under my charge, Inspector McCombie and Constable Gray came to the hospital—before they came I asked the deceased if she knew how ill she was, and she said, "Yes, I think I am dying," and afterwards she said, "I know I am dying"—after she had said that the inspector took a statement from her in my presence; before he did so I think he said, "You know that you are at the point of death, and without hope of recovery?"—she said, "Yes"—she then made a statement which he took down in writing—I saw her fix her mark to it, and I signed my name at a witness—this is it (Produced B)—shortly afterwards Mr. Berry, one of the Borough Justices, came to her bedside—she made a statement to him in my presence, and in the presence of the inspector—she put her mark to it—I did not sign it, but Mr. Berry did—this is it—(Statement B, read: "I, Ada Burrett, having the fear of death before me, and being without hope of recovery, make the following statement: We were quarrelling this morning, and he turned round. I told him he would have to go to work, and I said if he did not go to work I should leave him, and he then took the knife and stabbed me, and took the knife and ran away. I was quarrelling with my husband. Her mark. Witness: ALEXANDER MCCOMBIE, SIDNEY H. MORRIS, M.B."—(C): "I, Ada Burrett, having the fear of death before me, and being without hope of recovery, make the following statement: I was quarrelling with my husband. I told him he would have to go to work. He has not done any work since I was married. He took a big knife, and stabbed me all over. It was a big knife with a black handle. It had a pointed top, and he ran away. This was about 20 past 7 in the morning. Witness:ALEXANDER MCCOMBIE, W. BERRY, J.P. for the County Borough, West Ham. Poplar Hospital, 11.40 a.m., August 26th, 1900."
Cross-examined. The wounds, with the exception of the one in the stomach, varied from a graze to 2 1/2 in. deep—I think an ordinary table carving knife with a pointed end would cause the wounds.
By the COURT. The operation which was performed was putting a lot of liquid into her body to make up for the loss of blood, but she must have died—she was really dying on the table—it was a risky operation—we also stitched up the laceration in the liver and the perforation in the stomach, but the perforation of the large intestine was not stitched up.
SARAH MARY BURRETT . I am the wife of James Thomas Barrett, and lire at 3, Napier Road, West Ham—the prisoner is my son—I knew he was married in May last year—he showed me a certificate, but I cannot read—I knew the deceased—I do not know if they lived together before they were married—on Sunday morning, August 26th, I was at my house in bed—about 7.30 a stone came at my window and woke me—I got out of bed, and looked out at the window and saw my son—I went down and said, "What has brought you round so early?"—he said, "I am going for a walk"—I asked him into the kitchen, and went and dressed myself—I went back to the kitchen, and he said, "Mother, have you any halfpence?"—I said, "I have not much, as I have not been able to work, as I have been ill"—I went into the other room, and brought out 9d.—he shook hands with me and went away.
Cross-examined. I had not seen much of my son and his wife together—he always seemed very fond of her, and she of him.
ELLEN FRANCES SEAMORE . I am the wife of william Seamore, of 46, Steel Road, Plaistow—the prisoner is my brother—last May my brother told me he was married—I had known the deceased about 12 months then—I did not know if they lived together before they were married, or how she got her living before she was married or after—on August 26th I was at home about 8 a.m.—the prisoner came to my house—he said, "Have you got 6d.?"—I said, "No, but I have 1s."—he said, "Give me that"—I gave it to him, and he went away, and I never saw him afterwards—later on Detective Gray came and spoke to me—he went upstairs, and shortly afterwards came down with my brother—I did not know that my brother was in the house.
MARTHA WEAVER . I live at 53, High street, Bow—I have known the deceased about 12 months, and the prisoner about four months—they were not married when I first knew them—the deceased was an unfortunate before she was married—I first knew them living together at 53, High Street—they lived there before and after they were married—I used to walk about the streets with the deceased before she was married—she never took any men home, she went to a house of conveniece—before she was married I have seen the prisoner come up and speak to her, and they went hometogether—after they were married she continued the same life—I think they left Bow about five or six weeks before her death—I have seen a black-handled knife with a point, in the prisoner's possession indoors—he would use it at the table, and took it out with him, because he was afraid somebody would interfere with him—it was larger than a table knife, and not so large as a carver.
Cross-examined. I have seen it lying on the table in the evening—we used to cut the meat with it.
JOHN PRATT . I am a warder at Holloway Prison—I was on duty there on August 28th, in charge of the prisoner—I took him a sheet of paper and an envelope, and gave it to him in his cell—he was alone—after a time he gave me this letter and this envelope—(Read): "August 28th, 1900. My dearest, dear Wife,—I now write to you, and I hope you are not so bad as they say. Dear wife, I am very sorry for what I have done, and I hope you are not in much pain. Dear wife, I now ask you to forgive me for what I have done, for, if you are so bad as they say, we
might never meet again, and I ask you in God's name to forgive me, for He knows how sorry I am. Dear wife, mother is coming to see you, and she hopes you are not so bad as they say. Dear wife, please send back and let me know if you forgive me, or let mother know. Dear wife, I know what a bad husband I have been at times, but I do hope you will forgive me. Dear wife, I do hope you will get better and live a happy life. I send you my best love, if you will take it, for you don't know how sorry I am. Do try and forgive me, and I hope you are not in much pain. Dear wife, I live in hopes to see you again much better.—From you loving husband,W. BURRETT."
GEORGE GRAY (Detective Officer). About 8 a.m. on Sunday, August 26th, I went to 10, Alexander Street, Plaistow, where I saw the deceased—she was afterwards taken to the hospital—I found blood stains in the back room—I heard the deceased say something, and, in consequence, I made inquiries, and about 6.30 p.m. the same day I went with Gully, another officer, to Mrs. Seamore's house, which I searched—while I was searching it two men came up the stairs and went into one of the rooms—I followed them, and found the prisoner standing in the room by the side of a bed—I told him we were police officers, and should take him into custody for the attempted murder of his wife Ada, about 7 a.m. that morning, at 10, Alexander Street—he said, "Yes, I am here; that is all right; she knows what it is done for; nobody will ever know unless she likes to say"—he was taken to the Plaistow Police-station and charged with attempted murder—he made no reply—I searched him at the station, and found 4s. 5d. on him, and this marriage certificate I found at 10, Alexander Street.
CHARLES HUTTON (Detective Officer). I was at the Plaistow Police-station the evening of August 26th, when the prisoner was there—at my suggestion he took off his coat, waistcoat, and trousers—I handed them to Dr. Morris, together with the chemise which the woman had been wearing—on September 2nd I received from Mrs. Fitzpatrick an unopened envelope, which contained the letter which has been read.
ALEXANDER MC'COMBIE (Police Inspector). On August 31st I was informed of the deceased's death, and in consequence I charged the prisoner with the wilful murder of Ada Burrett, at the Police-court at West Ham—he made no reply to the charge.
WILLIAM EUSTACE (Police Sergeant). On August 31 st I was at the Police-court where this charge was being investigated against the prisoner—as he left the dock he asked me if I and two other constables went to his house and searched it for him; that his wife had said to him, "Let us get out of it," and they went.
EMMA MART BURRETT (Re-examined). I received this letter from my son while he was in prison—(Read): "Dear Mother,—I sent my wife a letter on Tuesday, and I have heard no more about it. Dear mother, I am very sorry for what I have done, and I hope God will forgive me this crime, and I hope God forgives her for what she has done; and tell her, mother, that I am sorry for what I have done, and that I hope she will forgive me as she hopes to be forgiven, and if any of them would like to see me I would be glad to see them. Dear mother, I am trying to do what yon asked me, and, dear mother, I hope you will believe me, I did
not mean to kill her, and I am asking God to forgive me. Dear mother, you mast cheer up and make the best of a bad job, beoauae you must look at the bright side of things as well as the dark; and I hope that everyone forgives me as I forgive them, and as they hope to be forgiven. Dear mother, I send my love to you and to all, and do not forget to give my love to Jones and his wife. So good-bye for the present, and God blest you all.—From your loving son."
GUILTY .— DEATH.
598. MATTHEW JOSEPH O'LEARY (34) and ANNIE O'LEARY (31) , Having the custody and control of Edith O'Leary, a child under 16 years of age, wilfully neglecting her in a manner likely to cause her unnecessary suffering, or injury to her health.
MR. HUTTON, for the Prosecution, offered no evidence against Matthew O'Leary.
NOT GUILTY .
ABIGAIL GIBBS . I live at 50, Euston Road, West Ham, and have acted as midwife for the last 26 years—I remember attending to the prisoner at the birth of a little girl on January 24th; it was a full time and healthy child—I attended the prisoner for nine days afterwards, and on the fourth day the child had a fit of convulsions—it recovered and went on well for a fortnight—two months afterwards the prisoner brought the child to me; its hands and face were clean, and it had a clean gown on but I cannot say how its body was; it was very thin—I told her to take it to Dr. Ball—she went away and returned with a bottle of medicine, but she had not taken it to Dr. Ball but to another doctor.
JANK WOOLDRIDGE . I am the wife of George Wooldridge, of 10, Garvalie Road—I lived in the same house as the prisoner—I did not go into the house till January 29th—I remember the child for the first two months—after that it became bad, and the prisoner got drunk two or three times a week, and she was not in a position to look after it—she left it alone for three or four hours at a time three or four times a week—it cried when it was left alone—I spoke to her about leaving it; she did not give me any answer—her little daughter, aged 11, was left there sometimes—I went and fed the child sometimes because it was crying; the prisoner was out on those occasions—when she was there she was half drunk—the child was very dirty, and lying in its filth—it would lie all day long without being changed—I am a mother—that would be injurious to a child—my husband was lying ill at this time—the child got a little better after the prisoner hail the medicine from the doctor, then it began, to fail again—on July 30th, the day before the prisoner went to the hospital, she was very drunk—I told her if she did not take the child to the hospital she would get into trouble.
Cross-examined by the prisoner. I have no ill-feeling against you—I told you not to give the child so much drink, but more solids.
By the COURT. The child had not got diarrhoea—I saw it about a dozen times, then it appeared to be ravenous.
GEORGE HENRY WOOLDRIDGE . I am the husband of the last witness—I was living in the same house as the prisoner—I remember hearing of the birth of the child—I was-laid up from Match till June, and during that time I used to hear the child screaming and ✗moaning—I knew when the
prisoner went out and came home; sometimes she would be away for 10 or 12 hours a day—I have heard her when she has been drunk—I have frequently seen her the worse for drink—to get to the wash-house we had to go through her room—I used to see the child; it was in a very filthy condition—I spoke to the prisoner about it several times, and she told me to mind my own business—when I saw the child alone there was sometimes a bottle by it on the bed, but very often nothing in it—I remember her husband speaking to her about it—she said she did not care how long it would live as long as she got the insurance money—I know her husband gave her 19s. one Saturday night.
Cross-examined. I gave you 1s. once for drink.
CHARLES SPRING . I am a labourer, of 41, Vansiput Road, West Ham—I am a mate of the prisoner's husband—I have worked with him for a number of years—I remember going to his house between 7.30 and 8 p.m. on July 30th, after we had left work—I went to the room where the child was—I saw his wife; she was very drunk—I thought the child was in a dying state; it was in a filthy condition—there was no food there, and I sent for some brandy and milk, and moistened the child's lips with a feather—Dr. Taylor was sent for—I stayed with it all that night, and next morning went with it and the father to the hospital.
WILLIAM CHARLES TAYLOR . I am a medical man, of 291, Victoria Dock Road—the deceased child was brought to my surgery on July 29th by the prisoner and another woman—as far as I remember, the prisoner told me it was suffering from diarrhoea✗ea—I gave her some medicine, and next morning I went to the house about 9 a.m.; it was then in much the same condition as it was the night before—I did not strip it—I was sent for again that night; the last witness was by the bedside; the child was in a very emaciated condition and dying—it was not in an unusually dirty condition considering the neighbourhood in which the people lived, but I did not take its clothes off—the first time I saw it I said I would not be responsible for its treatment any longer, and I agreed that they should take it to Shadwell Hospital that night—a child with diarrhoea has always an emaciated appearance.
THOMAS SELLORS . I am resident medical officer at St. Mary's Hospital, Plaistow—the child Edith was admitted on July 31st about 3.30 p.m.—it was brought in by a young woman and the witness Spring—I had it stripped; it was very filthy; its body had certainly not been washed for more than a day; it was very wasted and emaciated, and the clothing very filthy; I saw vermin on it—it died on August 4th—it weighed 6 3/4 1b.; the normal weight of a child of its age is 12 lb.—it had two small sores, which would indicate that it had been lying on its back—I made an examination of it on August 5th—there were no signs of injury; the parts of the head were more widely open than was normal, the heart was healthy, the liver was normal, the stomach contained parts of partly digested food—there was nothing to make me believe that it was not capable of assimilating proper food—the dirty state would be likely to cause it suffering and injury to its health—I attribute its death to mal-nutrition and not to diarrhoea.
The prisoner produced a written defence, stating that she did her best for the child; that it was always delicate; that she looked after it and nursed
it; and that it was all through the false swearing of her husband and some of the other witnesses that she was here.
GUILTY .— Six Months' Hard Labour.
MR. HUTTON offered no evidence.
NOT GUILTY .
Before Mr. Common Serjeant.
and STEWART Defended.
During the progress of the case the prisoner withdrew his plea, and PLEADED GUILTY . He received a good character.— Nine Months' Hard Labour.
Before Mr. Recorder.
Before Mr. Justice Bucknill.
603. ALICE COOMES (37) , Having the care and custody of Ethel Coomes, a girl under the age of 15, George Coomes, aged 4 years, and Winifred Coomes, aged about 2 years, did neglect them in a manner likely to cause them unnecessary suffering and injury to their health.
MR. HUTTON Prosecuted.
JAMES CLEOWN . I am an inspector to the Society for the Prevention of Cruelty to Children, and look after the Greenwich district—about 3.30 on July 21 at I went to 10, Amforth Street, Greenwich, where I found the prisoner occupying three rooms—I saw three children, Ethel, aged 3, George, aged 4, and Winifred, aged 2—Ethel was very thin; she was paralysed; her hair was full of lice—she was carrying a heavy pail of water, doing house work—she staggered while carrying it—I took it away from her—she seemed very ill and to be suffering—George was in a shocking condition; he looked like a bag of bones—he was pinched, haggard and thin; his skin was loose, and he was in a state of collapse; his body was very dirty and his hair verminous; he was moaning and sucking at his fingers ravenously—I examined his fingers and found them raw, through continual sucking—his toe nails were growing into his flesh, and his body was excoriated through not being properly cleaned—he was a pitiful object; the glands of his neck were swollen the sue of pigeons' eggs—Winifred was in a filthy state; her scalp was dirty; she was very thin and sitting on a chair, crying—I said to the prisoner, "Why have you allowed these children, especially George, to get into this shocking condition? why did you not call in a doctor?"—she replied, "I was going to take him to the hospital next week; he was a fine child six weeks ago; I know I
have done wrong in not haying a doctor; I have five children living here, and one in service; they are illegitimate by different men; one man is named Se✗ymour; he visits me, and allows me 7s. a week, and the father of Winifred allows me 4s.: my daughter in service allows me 3s. a week. I go out about 9 at night, and do not return till 12 or 1"—she said she did a little charing—I fetched a relieving officer and a doctor; the children were removed to the hospital, where I weighed them—Ethel weighed 62lb.; the normal weight should be about 105lb.—George weighed 16lb.; his normal weight should be about 35lb.—Winifred weighed 11Â½lb.; the normal weight should be about 24lb.—George died on the 31st.
Cross-examined by the prisoner. You cleaned them while I was there, and put clean clothing on them—your home was very dirty; you told me George had been ill since June, with whooping-cough and bronchitis, and that the other children had had it before he had—you said George had had diarrhoea.
CHRISTOPHER HOGARTH . I am a fully qualified medical man, of 12, Woolwich Road—on July 21st I went to the prisoner's house with the last witness—I saw Ethel; she was pinched, haggard, thin, and paralysed down one side, and I have since noticed that the other hand is paralysed—housework would undoubtedly cause her suffering; her head was verminous—I asked her in the prisoner's presence if they had had any dinner; she replied, "No"—I asked her if they had had any breakfast; she said, "Yes, we had bread at 11"—she said she was frightened of her mother—the glands on both sides of George's neck were very much enlarged; they were as large as walnuts—the abdomen was protuberant, which very often comes from neglect or bad feeding—his frame was shrivelled, his body was wasted, the skin was excoriated on the abdomen and the thighs, probably through neglect, dirt, and vermin—the head was exceedingly dirty; there were lice in it, and it was coated with dirt—on July 21st it was obvious to anyone that he was in want of medical attendance; Winifred was wasted, and quite as small as a child of twelve months old—she had whooping-cough; the prisoner told me she had had measles, but I saw no signs of them.
Cross-examined. In a condition like hers cutting her teeth would undoubtedly retard her progress—I saw nothing to account for her being so small; you did not tell me she was always small.
WILLIAM FERRIS . I am assistant medical officer at Greenwich Union Infirmary—on July 21st these three chiidren were admitted into the infirmary; they have been under my attendance since, with the exception of George, who died on July 31st—I agree with the evidence of Dr. Hogarth and James Cleown—I was not present when Ethel was weighed the second time, but it was on the card, and she had increased by 2lb. 2oz.—she in still in the union, and has increased 13lb. 11oz.—Winifred's weight now is 15lb.—doing housework would have caused Ethel suffering—in my opinion the cause of their emaciation was an insufficient supply of food, and the dirt would affect their health—George; seemed to have tuberculosis—I did not give a certificate of death; I reported it to the Coroner.
Cross-examined. The paralysis was due to. disease six years previously.
By the COURT. George died of tuberculosis, which was, I think, accelarated by neglect and want of proper food—it would be an absolute impossibility for Ethel to regain the use of her hands by using them; she could not clasp anything.
ELLEN CLEMENTS . I live next door to the prisoner—I knew her three children—I saw George occasionally before he was removed—he was in he was in a dreadful, lying underneath a window on box or something—he was in a dreadful condition—he had a corruption round his eyes; there were flies round them, and it looked as if they were eating him—he did not seem to have the strength to drive them away—I gave Ethel some money; she looked as if she wanted something—I said to the prisoner, "Why don't you get a doctor?"—Ethel showed me her leg, which was swollen and scarred—I have heard her screaming on more than one occasion, as if someone was hitting her—I spoke to the prisoner about George; she said, "The others had all been like him, and there was nothing the matter with him."
Cross-examined. Ethel never sold me anything out of your house—I have not taken any pledge tickets out of your house since you have been in prison; it was too filthy; no one would touch things—the inspector had to pull his trousers up to go in.
MARY ELIZABETH KEMP . I am the wife of James Kemp, and live in the same house as the prisoner—I knew the three children—before George was ill he was fine boy, afterwards he got very thin, and he was in a filthy condition—the prisoner used to go out about 9 p.m. until one in the morning—my opinion is that George was blind some time before he died; his eyes were closed, and there was a great deal of discharge from them—he was covered with flies in the hot weather, and did not seem to have the strength to brush them away, and he was always sucking his fingers—Ethel did the housework—I never saw the prisoner do anything but the washing—I never gave Ethel food or money—she was partly paralysed—she did not seem a girl not seem a girl who was fit to do housework; she could scarcely hold a broom in her hand—Winifred was a very weakly child, and never seemed to want to play—she was in a filthy condition—I was asked to look at her stomach, and it was covered with marks.
MARY ANN LINFORTH . I live next door to the prisoner—I knew the three children—they were not clean during the six weeks before they were moved—I have given Ethel food and money—her mother turned her out of doors all day, and she came to me and said she was hungry—I have only seen George with a crust of bread—he seemed very revenous—I said to the prisoner, "The child is very ill, why don't you take it some-where to have it seen to?"—she said it was all right, and the others had been like it.
Cross-examined. There was no butter in the place when I took your child to the union.
By the COURT. I carried one child to the union, and the prisoner the other—I have heard Ethel crying a great many times, and screaming; in fact, I have gone out and said I would fetch a policeman.
CHARLES MASH (414 R). On the evening of July 21st I arrested the prisoner at her house, and charged her with neglecting the three children—she said, "I know I have neglected the boy George; he have been suffering
from measles and whooping-cough; I ought to have taken him to a doctor's"—she was taken to the station and charged—she made no reply.
The prisoner's statement before the Magistrate: "I went out nearly every day; some days to work, some days to look for a house, leaving Ethel to look after the children. I was going to take George to the hospital on Monday, but they took him from me on the Saturday night. He had one and a-half pints of food every day; he had diarrhoea the last week."
GUILTY .— Fifteen Months' Hard Labour.
Before Mr. Recorder.
MESSERS. AVORY and BIRON Prosecuted, and MR. BURNIE Defended
HARRY CHARLES WALTER . I am the secretary of Cooper's Stores, 246, Stockwell Road—Campbell worked for me temporarily last year for two or three months—I engaged him again on June 25th this year at 30s. a week—he gave me to understand that he had clerical work to do on Saturday evenings, and it was arranged that he could go earlier on those evenings—that is the only other work I know of that he had to do—his duties were ordinary clerical work, assisting principally in balancing up—we balance on June 30th—when helping to balance up he would only have access to such cheque books of the firm as I gave him—on June 25th I gave him specially for entering the credits this cheque-book which I hold in my hand—when he had done with it he would hand it back to me, and I would lock it up in the safe—the ordinary cheques are now exhausted, but they were not then—the only other person having access to the cheque-book was Mr. Cooper, jun., who kept one set of keys, and I the other; he is the shopwalker of that particular branch—Campbell was in our employ on June 26th and 27th, but he did not come on the 28th and 29th, the Thursday and Friday—on June 28th I received a cheque from the company's bank, the London and South-western Brixton branch—I went to the bank in the ordinary way to ask for the pass-book, and on going through it I discovered this cheque "A" for £19 17s., debited to my account, and purporting to be signed in my name in two places—in one place it says "Pay cash"—it is also signed by Mr. John Cooper, one of the directors; it is in favour of Mr. J.J. Chapman, and endorsed in the name of Chapman; it came from the book that the prisoner had—I have the counterfoil here—three counterfoils were torn out which were not filled in; it is unmistakably a forgery—the counterfoils are not here; the whole page has been abstracted—when I saw this cheque I recognised it as a forgery; its number shows which cheque-book it came from—when I looked at the cheque-book I discovered that a whole page, the last but two, had been abstracted; it was in the condition in which it appears to-day—if the cheque had not come back, and if no one had told us of one being missing, we should not have noticed the fact, because
the leaves of the book would be quite close, there being other pages used—I was not present the whole time—when Campbell returned to work on the Saturday I taw him about 10 o'clock on that Saturday morning—he was absent on the Thursday and Friday without leave—when I saw him on Saturday he was in the office, and was with the bank manager, Mr. Cooper, jun., and the detective—he did not give any explanation why he had not come on the Thursday and Friday, but I think it was on Thursday night I received a post-card from him stating that he was unwell, and unable to attend, and that he hoped to be able on the following days to make up for his absence, but he failed to put in an appearance—I went to his house, but found him away, and not ill—I think the explanation he gave as to where he had been on the Thursday and Friday was that he had been to the races—when I formed the opinion that the cheque was in Campbell's writing, the configuration of the sevens appealed to me most—it is countersigned by the secretary, but that is a forgery—my name appears on it twice, once to the words "Pay cash," which practically neutralised the crossing, and it is an alteration which banks would pass—Campbell, from being in our service last year, might have noticed this—the document in my hand is in Campbell's handwriting, but there are figures on it which are not Campbell's; also certain entries in this book which are not his—I have submitted these documents to Mr. Inglis, the expert in handwriting.
Cross-examined. I gave the post-card which I received from the prisoner on Thursday to the detective—the writing on the cheque is disguised; the figures mostly lead me to the opinion that they are Campbell's—although the cheque is crossed and I wrote "Pay cash" thereon, I do not remember doing so before with other cheques—I think Campbell would conclude that his putting my signature would be sufficient for the bank, but he would have no precedent as to that beyond the fact that when it was necessary to make an alteration on the body of cheques I have frequently initialled it—the words "Pay cash" are initialled by my full signature—the cheque-book would be given out to Campbell about 9.30 to 10 o'clock, when he came in the morning—when the clerk had finished with the cheque-book I should put it in the safe—Campbell was at the office until 4 o'clock on the Wednesday—I had this cheque-book given back to me on Monday afternoon—I do not remember whether Campbell had the book on Tuesday or Wednesday—I leave the office about 6 o'clock—such books as cash-book and cheque-book, when given to me, I lock up at once; the other books Mr. Cooper, jun., would lock up—if Campbell had the cheque-book on the Tuesday or Wednesday it would be in his possession until 6 k'clock—on the Monday it would have been in his possession from 9.30 till 4 o'clock—including myself, there were three in the office—the documents Campbell was working upon would be on the desk when he went out to dinner—at this particular time I went to lunch before Campbell did, but the proper course for Campbell to adopt if I was away when he went to lunch would have been for him to give the cheque-book to Mr. Cooper, jun.; but I can conceive the book being left on his desk, however—I know it was given back at 4 o'clock on that day—the approximate hour for going to lunch is 1 o'clock—such a thing has happened as all
three of us being out together—it was between 1 and 2 o'clock on the Tuesday or Wednesday when I went to my mid-day meal, and I do not remember whether I left Mr. Cooper, jun., or Campbell there—it is not usual to lock the doors when we go out in this way—there are two doors; one leading to the outer staircase, and one to a reserve office—Campbell and a man named Reed were working together—there was nothing to prevent any of our servants coming into the office—there are between 20 and 30 servants in our employ—the staircase belongs to us, and leads to the ground floor—there are shops on the ground floor, which are sub-let, and people could obtain access to our office through the shops without finding any locked door in their way—the cheque-book was about half unused—I looked at it on the Tuesday or Wednesday, but not to critically examine it, and I also looked at it on the Monday—my attention was called to the fact of the cheque being missing from the book by the cheque being presented—I cannot say of my own knowledge when those cheques were taken out of the book, but on the Monday I gave the book to Campbell, believing it to be perfectly intact—on the Tuesday those cheques were abstracted from it—I had no occasion to critically examine it on the Monday.
Re-examined. I am the only person who had access to the cheque-book, and two other clerks—the other clerk had been in my employ about a year—it is difficult to remember whether I went out and left the office door unlocked and nobody there on this occasion, but it would be very unusual for me to do so.
ARTHUR COOPER, JUN . I am manager of Cooper's Stores—my father is managing director—I remember Campbell being engaged temporarily, and his being absent on the Thursday and Friday; I remember his arriving on Saturday about 9.30—I did not hear him then give any explanation as to his absence directly I saw him in the second office—I went down the road to find Police-sergeant Hawkins, Mr. Styles, the bank manager, and Mr. Bird, the cashier—I had previously placed the matter in the hands of Sergeant Hawkins—I do not know that Campbell saw me pass through the office, because my business is downstairs—when I returned I sent the sergeant up one staircase and I ran up another—at the corner of Stockwell Road there is really only one proper entrance, but there are two staircases—I found Campbell at the bottom of one of those staircases—to get there he must have passed through a confectioner's shop (Stunley's), and so gone into the street—he ran away, and I ran after and stopped him at the corner of Bellefields Road, about 50 yards off—he was not running rapidly—I had called out to one of my men, who also took up the chase.
Cross-examined. When Campbell came on the Saturday I believe he went in the usual way to the office in which he worked—I was probably gone five minutes to fetch the policeman—through the confectioner's shop might have been the shortest way, but the employees had no right to go through the shop, which was only the shortest way from the foot of the staircase—the back staircase leads into the yard, but it would not be necessary to go through the confectioner's shop to get to the yard, where there is a urinal.
Charles HAWKINS (Detective-sergeant W).I received information in connection
with this case on June 30th—I saw Mr. Cooper, Jun., and in consequence of what he told me I went in the direction of Cooper's Storm—I saw Campbell running down Stockwell Road—I, with Mr. Cooper, jun., in front of me, ran after him—Mr. Cooper, jun., stopped him, but I was only a few yards behind—when I came up I said I was a police officer, and should arrest him for stealing three cheques, the property of the company—he replied, "Have you a warrant?"—I said, "No"—he said, "Where is your authority?"—I took him back to the shop, and showed him my warrant card, which showed I was entitled to act as a police officer, so that I did not require a warrant—he asked to be allowed to go into the office, which we did—he then said, "You had better be careful; I have been a solicitor's clerk"—I replied, "All right"—he then began to make a statement to Mr. Walter, the secretary, and I took down his statement—he said, "Now, Mr. Walter, the cheque mav have been taken weeks ago, and if you charge me you do so at your own risk, because I do not know anything about the matter; the book was lying about all day, and I did not have any complaint about my honesty last year"—I then took him to the station—his wife came there and asked the inspector to be allowed to see him—the first question she asked the prisoner was, "Have you taken the cheques, Campbell?"—he replied, "I should be a fool to say I had, especially while he is here," pointing to me; "shall I be charged with uttering them?"—he said he did not go to work on the Thursday and Friday because he went to the Brighton races—I had been keeping an observation on Campbell's house—I saw the prisoner Bentley the following morning at 1.15 a.m. on July 1st, in Camberwell New Road; Mrs. Campbell was with him—being in plain clothes, I followed them—they were under the influence of drink, so I got near enough to hear—one of them said, "You know nothing about the cheques"—Bentley then left Mrs. Campbell and went to a coffee-stall, where I arrested him, and told him he would be charged with being concerned in forging and uttering—he said, "I see"—when we got in the Brixton Road he asked what the charge was—I told him again; he replied, "I know nothing about the cheque; is this what my pal Campbell is in trouble over?"—I said, "Yes"—he said, "They will have to prove it"—about 11 o'clock the same morning Mr. Walter came to the station with Mr. Bird and Mr. Smith, two cashiers from the bank—the inspector said in their presence, "You hear what those gentlemen say "—they had both been with me at 1 o'clock that morning, and identified Bentley at the coffee-stall, but I knew him by sight previously—in answer to the inspector, Bentley said, "I can prove I was at Lewes and Brighton races, and that the uttering was on June 26th"—the inspector then said, "Do you wish to send for anyone to prove you are not the man?"—he said, No I don't know who to send for"—the charge was read over to him; he made no reply——he had upon him £3 10s. in gold, 1s. 1d. bronze, one Post-office Savings Bank book, showing £1 5s. credit in the bank, and £1 5s. withdrawn—this bank book had been previously found on Campbell, and I had given it up to Mrs. Campbell—a payment card for the hire of furniture was found on Bentley—the inspector said, "Do these things belong to you?"—he replied, "No, they belong to a lady friend"—the
inspector said, "Is the lady friend Mrs. Campbell?" he said, "I do not know Campbell," although he had previously stated that he was a pal of his—I was present when Mr. Bird gave his evidence at the Police-court—both the prisoners were present, and they had an opportunity to crossexamine—a solicitor was there representing Campbell—I saw Mr. Bird sign this deposition—(Deposition read: "I am cashier at the London and South Western Bank, South Brixton. On June 26th this cheque 'A' for £19 17s. was presented to me and cashed over the counter. It was endorsed as it appears now. The prisoner Bentley is the person who presented the cheque.")
Cross-examined by MR. BURNIE. I believe I saw the post-card said to have been sent to Campbell on Thursday night—I did not know Campbell, because ke had been introduced to me as Mr. Malcomb.
DR. CHARLES JAMES PARKER . I was acquainted with James Robert Percy Bird, who was a witness in this case at the Police-court—since giving evidence at the Police-court on July 26th he has died of embowellism of an artery, which was proved by a post-mortem examination—I attended him when he died—he was cashier of the London and South Western Bank—he had been ill, but he died suddenly in a few minutes—he was 22 years of age, I believe.
WILLIAM ROLAND SMITH . I am cashier at the London and South Western Bank, and was near Mr. Bird on June 26th, when the cheque was presented by Bentley—I saw him again on the Saturday night at a coffee-stall, and I identified him—I actually saw Bentley stand with the cheque in his hand, and the cash paid over to him.
Cross-examined by Bentley. You were dressed in a black coat, and had no beard and no moustache; I recognise you now by your face.
LOUISA TEBBLE . I live with my father at 24, Camberwell New Road—on June 26th last year Campbell lodged there with his wife and child—he took the rooms in the name of Campbell—they had been there since February—I saw Bentley in the rooms on June 26th—he often came there—I knew him by the name of Major—he was there nearly every day since February—whenever he called he asked for Mr. Campbell—it was between seven and nine in the evening of June 26th when I saw Bentley there—I cannot say how long he stayed there then, but he and Mrs. Campbell went out together.
Cross-examined. The 26th was on a Tuesday—Bentley came every night, usually about the same time; he also used to come-in the morning and middle day—he was a friend of the family—I have no special reason for remembering that particular day, but I was always at home—I cannot say how long he stayed then—I am positive it was a Tuesday evening—I do not know whether he came also on the Monday night.
GEORGE DUGAL INGLIS . I am son of the late Mr. Inglis, and am an expert in handwriting—I have been 20 years a facsimilist, and I assisted my father in consultations—I live at 29, Red Lion Square—I see this forged cheque "A"—I have been shown certain writing and figures which are in Campbell's writing—I compared those with the cheque—the signatures "Walter" and "Cooper" upon the cheques are decidedly forgeries, because they have been traced over the original signatures—you can see the pencil marks underneath the forged signature, and they
hare been gone over very clumsily, having been originally traced with a black sheet—I am acquainted with the signatures of Mr. Cooper and Mr. Walter—when I made the examination I put the tracing over the signature—there is a slight variation, but no man each time writes in exactly the same way—on looking through these balance-sheets I find that Campbell sometimes wrote in this disguised style—I have made this tracing so that you can see the similarity—my opinion is that the endorsement on the cheque is in Campbell's writing—with regard to the "7" on the cheque I find both these sevens in the balance-sheets.
Cross-examined. I saw several points of similarity in the figures—I do not lay more stress upon any point of similarity in the figures or in the writing, but I saw several—I would lay more stress on the letters—my attention was not called to the fact that a portion of the balance sheets were not in writing.
Bentley, in his defence, on oath, mid that he was a commission agent, and knew nothing about the cheque, and never presented it; that both the cashiers were mistaken; that his real name was Coleman, but he took over a commission agent's business in the name of Bentley; it was not true that he said to Mrs. Campbell, "I do not know anything about these cheques," that he met her by accident, but it was about 11 o'clock, and nothing was said about the cheque; that she handed him a Postoffice book and said her husband had been arrested about a cheque; that he knew Campbell as Malcomb; whenever he called at his house he asked for "Malcomb," and he did not know he had anything to do with the cheque until after he was arrested.
CAMPBELL— GUILTY .— Ten Months' Hard Labour; BENTLEY— GUILTY .— Six Months' Hard Labour.
605. EDWIN JOSEPH EDMISTON PLEADED GUILTY to feloniously marrying Esther Blair, his wife being alive. He had been summoned by the prosecutrix for maintenance seven times, and on the last occasion pleaded bigamy as his defence.— Judgment respited.
Before Mr. Common Serjeant.
MR. BRUCE Prosecuted, and MR. PURCELL Defended.
JOHN ROWS . I am a horsekeeper, of 40, Sandcroft Street—on Saturday, August 4th, I went where the prisoner lodged with my friend Honnex, and as I was in the passage the prisoner was at the top of the stairs facing the door, and hit me with a piece of beading off the side of the door—I asked him what he was doing it for—he said he would b—well show me if I went up—I went up. and he threw a piece of a white china vase at me—we closed together, and fell into another person's room—the table went over, and the lamp on it, and we were left in darkness—we struggled—I got him by the throat, and was on the top of him—I broke away, and ran downstairs—Mrs. Honnex and the girl who lived in the next room said, "You have been stabbed"—when the prisoner heard that he tried to run away—I ran and stopped him—a policeman came, and he was given into custody.
Cross-examined. The address of my friend's house is 8Â½, Ethelred Street—I am a costermonger—I had been having a cup of cofee at a stall not five minutes before—I had been to a public-house in Charlotte Street for two hours—I left when they closed—Mrs. Honnex came to us at the coffee stall—the prisoner appeared to be defending himself on the stairs—the lady who lives in the next room was with me—he bit me, and threw the ornaments at us—I have lived in one house in Kennington all my life—when his injuries came to be dressed he had a bruise over each temple, a contusion on his right eye, a lacerated right ear, and another wound half an inch long—we did not throw flower pots at him—a flower pot got upset in the struggle—I did not see Hutchins—he works at Moseley's, the engineers—his wife rips up stitches of tents.
JOHN HONNEX . I am a costermonger, of 8Â½, Ethelred Street, Kennington Cross—the prisoner lives there—on Saturday night, August 4th, mother fetched me home—Rowe came with me—the prisoner was on the stairs—I said, "What do you want to kick up a row with my mother for?"—he said, "I will soon show you," and he hit Rowe with a piece of beading that he pulled off the door—he ran up, and there was a scuffle in the room—I heard it—I was downstairs—when Rowe came down-stairs I found he was stabbed in the arm and neck—I saw the cuts—when the prisoner heard my mother holloa out that he was stabbed, he ran downstairs and ran away—Rowe ran after him and stopped him, and he was given into custody.
Cross-examined. I had just had a cup of coffee at the coffee-stall—I had been with Rowe to market—we had come from Gravel Lane—we had been together all day, and in the King of Prussia not more than a quarter of an hour—that was after we had finished a laundry job, about a quarter to 10—we had been to another public-house about five minutes to have a glass—Hutchins and his wife had gone to bed.
ALICE HONNEX . I live at 8 1/2, Ethelred Street, Kennington Cross—on Saturday night, August 4th, the prisoner was drunk—when he opened the front door, and I heard the man's footsteps in the passage, I did not know him, because he does not come home till 2 or 3 a.m., and this was about 12.45—when I got a light he said, "Good evening," but I could not recognise his voice—he went upstairs—when he got to the top of the stairs I said, "It is you?" he said, "It is me!"—I said, "It would be more to your credit to pay me a few shillings off the rent you owe me"—he said, "If you come up here I will pay you some rent; I will stick this knife into you "—I went out and fetched my son, John Honnex, who had gone to get a cup of coffee—Rowe came back with us—then my son said, "Callaghan, come down; I am only a boy to you; come and speak in a proper manner, and we can answer you"—he was on the landing—he threw vases downstairs from my widow lodger's back room mantelpiece—I said to my son, "Mind your face"—Rowe put his head upstairs and said, "Why don't you come down and speak in a proper manner?"—the prisoner put his hand over the banisters and hit Rowe on the head with some beading that he pulled from the door—Rowe then ran upstairs, and there was a scuffle—I said, when he came down, "Oh, my God! he has stabbed you," as I saw his neck was cut—I next saw the prisoner when I got to the top of the court to get a policeman—when the
prisoner heard me say, "He has stabbed you," he rushed downstairs and out—the policeman took him into custody in Princes Row.
Cross-examined. The prisoner was very drunk—he threatened to use the knife when my son was there—my son put the shutters up about 12.30—he had been with me all the evening from 5 or 6, weighing up coals, and we had tea at 5—no one got on to the wash-house and through the window—my son is a staunch teetotaler, he took the pledge when a child.
EUGENE COLLINS . I live at 8 1/2, Ethelred Street, Kennington Cross—on Sunday, August 5th, the prisoner came in after 1 a.m. and made a disturbance—he stood out on the landing and said, "I will murder anybody for a lark"—I heard him say, "Good evening, Mrs. Honnex"—she replied, "It would be more to your credit if you paid me the rent you owe me, instead of so much of your good evening"—then he went upstairs and threatened to kill her or anybody that went upstairs—I was upstairs, having my supper—Mrs. Honntex went into her bedroom, and then went out and fetched her son—Rowe came with him—Rowe asked him to come downstairs, but he would not—I came down, Rowe went up, and there was a fight between Callaghan and Rowe—I went out and fetched a policeman—I saw Rowe come down in the passage, and said, "Your neck is bleeding."
Cross-examined. Mother and my brother and I have moved—Mrs. Honnex is there now—the prisoner kept on swearing, and one thing and another—he eaid he would stab anybody, to Rowe and Honnex quite half-a-dozen times—Mrs. Hutchins was in bed.
ALFRED BAILEY (242 L). On Sunday morning, August 5th, I was on duty in Princes Row—I saw 30 or 40 people—as I approached them I was informed that Rowe had been stabbed—the prisoner was pointed out—I arrested him—he said, "I have been kicked by them"—I took him to the station, where he was charged—in reply he said, "I can answer that"—I searched him—I returned to the house—the back room on the first floor had every appearance of a struggle; the table was overturned; and the leg broken; I found a knife on the floor against the leg of the table, with blood on the blade—I went back to the station and asked the prisoner if that was his knife—he replied, "That is not my knife; I have never seen it before"—I produce it and Rowe's coat—the prisoner was under the influence of drink—Rowe seemed perfectly sober.
Cross-examined. I have said possibly, "I think both Rowe and Callaghan were under the influence of drink"—I had a difficulty in finding the knife; the struggle had upset everything in the room; paper and things were lying about—the prisoner was bleeding slightly from his ear.
EDWIN ROE . I am acting divisional surgeon, residing at 353, Kennington Park Road—on Sunday, about 1.30 a.m., I examined Rowe—he was suffering from an incised wound on his right fore arm, about 3 in. long, 3/4 in. deep, and 1 in. wide, being cut across the muscle—there was a second incised wound on the right side of his face, extending 5 in. towards the neck, 3 in. being quite superficial, and in the centre about 1/2, in., tapering to both ends—the wounds had bled considerably—I dressed them and put seven stitches in each—a knife or a sharp instrument
would cause them—they were severe, but not dangerous—he has recovered—I afterwards saw the prisoner—he had a large graze on his left knee, a large bruise and a graze over his left temple, a contusion on his right eye, a small lacerated wound on the top of his head, about 1/2, in. long, and a lacerated wound on his ear—the wounds were slight—they would be caused by a man struggling about.
Cross-examined. Rowe smelled strongly of drink—I did not see the prisoner till after 2—I saw Rowe about 1.30—the prisoner did not appear quite sober—Rowe's gaping wound, I think, was not caused by a vase, because the cut went through his coat, though it was not necessarily caused by a knife—the wound on his cheek might have been caused by glass or china, and the collar of the coat is cut right through both layers of the cloth—the wounds were most likely from separate blows.
The prisoner, in his defence, on oath, said that he was defending himself from assault and abuse.— NOT GUILTY .
MR. S. CLARKE Prosecuted, and MR. HUTTON Defended.
HENRY HANCOCK (Sergeant, L). On September 5th I arrested the prisoner in the Dalyell Road, Stock well—I told him he would be charged with bigamy—he said, "Yes"—I received these marriage certificates, dated March 14th, 1890, and March 21st, 1900, and these letters, dated May 23rd and 24th, 1898, from the wife—that is the woman.
HUGH MITCHELL . I am a gardener, of 19, Wills Road, Sydenham—on December 14th, 1890, I was present at St. Jude's Church, East Brixton, when the prisoner was married to my daughter, Elizabeth Esther Mitchell, whom we have seen in Court; she is the person described in this certificate—they lived together till the first child was born, from 15 to 18 months, when he left her and the child destitute—I have not seen him since till he was apprehended—I saw him sign the marriage certificate, and have heard from and answered his letters since the marriage—this letter of May 24th is his writing, and this other I think is, but would not swear.
Cross-examined. When he wrote his signature, is the only time I have seen him write—I had one letter from Southgate—I have had about eight or nine from him.
Re-examined. In May, 1898, my daughter was living where she is now, 285, Wandsworth Road—(The letters were from the prisoner to his wife, asking her to come back with the child and live with him.)—I do not know that they agreed to separate—my daughter has been in service to support herself and child—I never heard of a written separation—they were very young when they married.
ALICE MAUD LAND . I live at 39, Dalyell Road, Stockwell—on March 24th this year I went through a ceremony of marriage with the prisoner at Christ Church, Lambeth—I am the Alice Land described in this certificate—I had known the prisoner and his family nearly twelve years—I knew he had been married—we both thought his wife dead, as he tried and could not find any tidings of her—I took this paper from
box, because he asked me; it is dated March 13th, 1893, and purports to be an arrangement for separation from his wife.
Cross-examined. He has been a good husband to me—I have livid in the neighbourhood where he was first married for the last 15 years, and at the bottom of the road is the Church where he was married from—our marriage was advertised—I did not inquire at 285, Wands worth Road—I did not know he had been corresponding with his wife within two years—two years and a-half ago he was living with my father.
GUILTY .— One Month's Hard Labour.
MR. CLARKE Prosecuted, and MR. PURCELL Defended.
MR. STEPHENSON Prosecuted, and MR. NEILSON Defended.
SARAH MORGAN . I live at 19, High Street, Pontypridd, and am a widow—I was present at Calvary Baptist Chapel, Wood Road, near Pontypridd, on February 16th, 1876, when the prisoner married my sister, Margaret Lane, who is in Court—he then worked in a brick-yard, and lived at Wood Road, Pontypridd—I cannot read the certificate—they lived next door to my mother and father for a few months—after that I believe they went to Cardiff—when I went there to see her I found her husband had left her—that was 10 years afterwards—I last saw the prisoner five years ago at Cardiff—I did not speak to him—he had then left his wife.
Cross-examined. There were also present at the marriage my father and a lady, who gave them away—both are dead, and the gentleman who married them is dead; that is Mr. Powell, the Registrar—I swear I was present—my sister had one illegitimate child before she was married, and another one, which died—I never heard that the prisoner's parents objected to the marriage—my sister did not frequent public-houses, or I should have known it; that is a lie, whoever said it—she was not friendly with other men—they went to live at Glastonbury—I know nothing of their affairs—she did not live with me; I had enough to do to keep myself—I have nine sisters—my sister, Mrs. Knight, did not keep a brothel; that is a lie—the next time I saw my sister was when I went to fetch her from Cardiff about October, 1888—the prisoner left her with a nice home; he was all right, but very fond of rambling by night, or else he was very good to her.
Re-examined. They were in Cardiff nine or ten years, and in Glastonbury only a short time.
MABEL EMILY HAYNES . I live at Walworth—on July 15th, 1893, I went through the ceremony of marriage with the prisoner at the parish church of St John, Walworth—I had known him about five months—he never said he was a bachelor, or that he was married, and I never asked
him—this is the certificate—I first found out he was married on July 20th, when his wife came to my house.
Cross-examined. I lived happily with the prisoner; he was a thorough good husband to me, and most kind—I did not know what woman I had to deal with when Mrs. Phillis came to my house—she said at first she was his sister, and I asked her in to tea, as I thought she was his sister, and I made her welcome, but I thought it was funny that she kept asking me whether I lived happily with him, when I had said, "Yes"—then she said, "I am something more; I am his wife," and I asked her for the certificate—I received such a shock—I went with her to where she was living, and as she wanted me to go, I went to Kennington Police Station—she said she wanted to have him arrested that night—I did not know that I signed the statement—I have only seen Mrs. Phillis at the Police-court, and at this Court yesterday and to-day—she suggested pawning goods.
Re-examined. I have no children.
CHARLES BEARD (Policeman). I produce two certificates which I got from each wife—I arrested the prisoner from their information—they both came to Kennington Lane Station—I told the prisoner the charge in the street; he said, "Yes, all right"—he made no reply at the Police-station to the charge.
Cross-examined. Haynes signed the charge-sheet on the information.
The prisoner, in his defence, on oath, said that he married Margaret Lane, who had had two children, but was obliged to leave her in consequence of her conduct; that he was informed that she was dead, and after going to Cardiff and making inquiries, believing she was dead, he thought he was free to marry.
Evidence for the Defence.
WILLIAM PHILLIS . I am the prisoner's brother; I live at 269, Coomassie Street, Newport—I am a labourer—I have been in the Army—I lived with my brother Thomas and his wife in 1888, when I was discharged from the Army—I saw what went on in the house—then we came to Newport—my brother came to Newport about Christmas, 1889—I had a conversation with him—he said a man living with him in Lancashire, who had been in the habit of going to Cardiff, told him his wife was dead, and that he had been to Cardiff to see if he could find her, and that he came to Newport to inquire—I told him I had not seen anything of her—I am a teetotaller—he said he thought of going home to mother, and I saw him off at the station—my friend Stephen Rice was with me—he heard what was said.
Cross-examined. He did not say he was sorry—I believe they Had lived together at Pontypridd—I did not ask him whether he had inquired there.
STEPHEN RICE . I remember the prisoner coming to Newport about Christmas, 1889—I was present at the conversation with his brother William—they accompanied me to the station, and on the way I heard him say to his brother that he had come down in search of his wife, as he had been told by a man in Lancashire that his wife was dead—he asked his brother if he knew anything about her—he said he had not seen her.
and saw what went on before I left—about Christmas, 1889, the prisoner came down to Glastonbury—he asked if I had heard anything about his wife, and said he was going or had been to Cardiff to inquire—he said he could not hear anything of her, she had been gone for so long a time.
Cross-examined. He did not mention the second marriage, nor write about it—he said he believed his wife was dead, but he did not know anything definite.
NOT GUILTY .
MR. PICKERSGILL Prosecuted, and MR. CLARKE Defended.
EDWARD SHILLING . I live at 133, Lower Park Road, Peckham—I am a carman of the Standard Flock Co.—on August 16th I was in their yard at Peckham, about 10 p.m.—I left with Miller, the foreman of the yard, and Paris, a labourer—I saw a barge moored at the bottom of the yard to a stack-pipe, and to pegs on the bank, by ropes from the stem and stern—there were the skipper and his wife, the prisoner, on the barge—Miller asked the skipper to move the barge as the premises were private—he used some very foul language—Miller undid one of the ropes—the prisoner ran off the barge, with something in her hand,, and struck at Paris, who knocked her arm down, and I felt something come into my chest—I said, "I am stabbed," and fell into Miller's arms—I do not recollect any more—I was sober—I had had a glass.
Cross-examined. Anybody who speaks to me has to shout—I heard what Miller said—I had been spending the evening at the Cottage with him, my wife and baby, and Paris, from 8 to 10 p.m.—Mrs. Miller and my wife and baby came about 9.45—I have to be there to attend to my horse when I am not out with the cart—I had come in about 6.45 p.m.—the women said that something was on the bank—I did not hear Miller use bad language—he said, "There's no rights there; would you move the barge?"—he said if they did not move the barge he would set it adrift—Miller's two dogs followed him down, an Irish terrier and a big one—they were on the bank all the time—the prisoner rushed down into the cabin, and ran up with something in her hand—I did not hear her ask what we were doing there—I did not call her a b—f—cow—I did not ask Paris to fetch a chopper; nor hear Miller ask him—I new touched the rope—I never said I would cut the b—rope—there is grass, but no gravel, broken bottles or pots, on the bank—my coat was undone—I had a waistcoat.
HENRY ALFRED MILLER . I live at the Cottage, Canal Head, Peck-ham—I am foreman to the Standard Flock Co., at their factory for making flock out of rags—the canal runs at the bottom of the yard—our premises are 275ft. long—no barge is allowed to moor on the bank without permission—on Thursday evening, August 16th, a warm evening, I was with Shilling, outside the Cottage, after 4 p.m., and Paris, who works the machine in the mill—we had a couple of half-pints of mild and bitter at a public-house about 7 p.m.—Shilling had four ale—my wife lodged a complaint, and we went down to the bank—Paris and Shilling went first, I
followed, and the two dogs followed me—I saw the prisoner and her husband standing on the front of the barge—I said, "Now, old man, you are trespassing here"—the prisoner said, "You will have to holloa at him"—I holloaed, "You haver no business to moor there; it is private property," and that if he did not I should have to cut it loose "—the prisoner said, "Wait a minute"—I undid the bow rope, and as I concluded undoing the stern rope I met Shilling, who called out, "Ally, stop that woman; I am stabbed," and he fel on my left arm—I told Paris to fetch a constable, and called across to the Old Barge public-house to Alfred Carter for assistance—the prisoner got on to the barge, and there was a tussle between her and her husband—he said, "What have you done?"—she said, "Nothing," and was absent; either she was thrown or she fell; she went down suddenly—I was never on board—Shilling never left the bank—we were all sober.
Cross-examined. We could not see a barge moored on the bank from the Cottage—I did not know the barge was there till I went down—I did not see any dumb barge—we had not all been drinking between 6 and 10—we went for a stroll about 8.30, and another till about 9.50—the women did not say they had been in the cabin—Captain Spencer said he had moored there for years—I said, "Not for the last seven years"—I did not ask for a b—chopper to cut the barge adrift—I said I would cut the rope if I could not untie it—I did throw it adrift, and would again—I have orders, and must follow them, from Mr. Blyth, my employer—I do not know Hartnoll—I was a few feet from Shilling, and saw something bright—I saw the prisoner plunge it into Shilling's chest—I was not asked that at the Police-court—a doctor came to Shilling on the bank—there is an open space of 120ft., 96ft. wide by 104ft. to 108ft., running along side the canal, with buildings about 275ft., all private, and vans go out once or twice a day, and come in with material—my busin ess is to cut barges adrift and to prevent people bringing dogs up the yard, when we are compelled to let them out because of their quarrelsome condition.
Re-examined. I only heard the prisoner use bad language—I have never found broken bottles in the yard—I was there at 4 next morning, searching for the weapon.
ALFRED PARIS . I am a labourer, of 25, John Street, Peckham—I am employed by the Standard Flock Company—on August 16th I was with Miller and Shilling, when Miller asked the skipper of the barge to undo the rope and let the barge go, as it was towed to private property—the skipper said, "No," and would not undo it—the prisoner said she would run down and fetch something to clear us if we did not move—I was standing about 5ft. from the cabin—she ran down into the cabin and up again, and came within 2ft. of me with something glittering in her hand—I knocked her hand away and stepped back, when she ran at Shilling, and then back on the barge—the skipper said to her, "What have you done?"—Shilling was sober; we had had nothing to drink—there is plenty of grass, but no broken bottles on the bank.
Cross-examined. I went to the Cottage in the yard about 8.45 p.m.—I left work in the yard at 6—Mrs. Miller and Mrs. Shilling were there when I arrived—the women told us there was a barge—I went down to the canal about 9.45—Shilling and I waited for Miller, 5ft. or
6ft. from the barge, he came with two dogs—Miller said he would cut the rope with a knife if he could not untie it—he did not say, "Go and get me a b—chopper, and I will cut the rope"—the prisoner stepped across from the barge on to the bank easily enough—I saw something glitter in the shape of a knife about 4 in. or 5 in. long—she hit Shilling a separate blow on his right breast.
WALTER COZENS (374 P). On August 16th I was called to this yard on the Surrey Canal about 10 p.m.—I found the prosecutor dying on his back on the bank opposite the barge Faith, bleeding from a wound on his right breast—he was unconscious—I sent for a doctor, who arrived and attended to the wound—I then went on the barge Faith and went down into the hold and saw the prisoner there—I told her I should take her into custody for stabbing the man that was lying on the bank—she said, "I never had a knife; I done it with my hands; he had no right on my barge"—I took her to the station—she was charged with wounding Shilling—she said, "That man Paris was never there; the only man there was a tall, dark man"—the prosecutor was apparently sober—I saw no broken bottles.
Cross-examined. She said at once that the tall, dark man tried to cut the rope and cast the barge adrift—on the way to the station she said that she never used a knife—I could not find the prisoner in the cabin, and went through the partition into the hold—I saw several barges, but on the opposite side—I sent for Dr. Bell—I searched the barge, but did not find any knife—the night was very hot—I have been in the neighbourhood four years—it is not rough, only working people.
WILLIAM JOHN CHARLES KEATS . I am Medical Superintendent of the Camberwell Infirmary—on August 16th I saw Shilling at the infirmary about 11.30—he was admitted at 10.55—he was suffering from shock, the result of loss of blood and fright at a wound he had received in the chest, about midway between the right nipple and the end of the chest bone, about 1 1/2, in. long, partly over the rib and partly over the intercostal space between the ribs, at one part a little more 1/4 in. deep—it was in a dangerous region, and my assistant, Dr. Garrett Anderson, as directed, put two stitches in—it was a clean cut wound—there was no bruise—my experience led me to the conclusion that it was an incised wound from some sharp instrument—he smelt of beer, but he was not drunk—I Have never beard of nor seen a wound like it caused by a ring, and with that amount of blood.
Cross-examined. The man is well—he is a nervous man—he was practically well on the 23rd, when he took his own discharge—he was an inpatient—if he had fallen on glass bottles I think there would have been more bruising—there had merely been a pad put on when I saw it—Miss Anderson reported the case as admitted, and requested me to see him—he was conscious—she saw him at 11 p.m.
Evidence for the Defence.
WALTER SMITH SPENCER . I am the owner of the barge Faith—I live on board with my wife—I have been 38 years captain of a barge—on August 16th I moored my barge in the Surrey Canal water off premises leased to the Flock Company between 5 and 6 p.m.—our head rope was on a post of wood, and the stern rope on a stack-pipe or
gutter pipe—one of William Kemp's barges was made fast to ours—we took her over with us for safety; the man asked us, and we moored the barge outside ours—we have been there two or three times before, and there was no one there to object—three women came on board after tea; they asked whether we would allow them to look at the cabin, and I was pleased and overjoyed for someone to want to see such a place—one had a baby—they stopped half or three-quarters of an hour—my wife was there—after they had gone away two men came first and one afterwards—I could see that they were all elevated—I was lying down on the port tide of the cabin when my wife called me and said that they were going to let go the barge—I went forward—there were two dogs, which began to fight my little dog—I knocked them ashore and put my own dog in the forecastle head—while I was seeing to the dog my head rope was let go, and then Miller, the tall man, jumped ashore and shouted for a chopper—I found out afterwards that there were three men—he said he would chop the rope because he could not let it go quick enough—he was standing in the forward bow—he walked aft, and I went aft and saw the man they call Paris sawing in two the rigging, about 14ft. or 15ft. standing on the ground—I saw two men come on the barge aft when I was smoking, and was called—when I walked to the stern I saw two or three people on the shore—I saw a man lying down on the bank—I never struggled with my wife, nor threw her into the cabin, and I have never done it—I did not say, "What have you done?"—she did not say, "I have done it"—my wife came up from the cabin and told me there were two men on the barge—I never saw her with a knife—she wears five or six rings—when I earn a little money I buy her a ring—the policeman came on board, searched the place, and asked to see all the knives—I showed everything they wished for, and they searched the barge over from stem to stern.
Cross-examined. I moored the barge there four or six weeks before, about 7 or 8 o'clock, when I suppose it was dark—we went away at daylight—Shilling was on board the barge this night about 10—it might have been Shilling—I saw two men on the starboard quarter aft—I did not know it was Shilling on the bank till I was at the Police-court—my wife should not have stepped off the barge on to the bank unless she had a plank—she was not off the barge when this occurred—the plank was not there—I did not know what had happened to the man On the bank; I thought they were all drunk.
Re-examined. I saw two men and one on the bank.
The prisoner, in her defence, on oath, stated that she told the prosecutor if he did not get off the barge she would knock him off; that she pushed him, and he fell; that she had rings on, and was left-handed.
WILLIAM EVES . I am a plumber, of 3, Alderney Road, Bow—on the 13th I was waiting at these Courts to hear the result of the Bethnal Green murder case—I heard the prisoner and another woman conversing, in conequence of which I was reminded of what took place on August 16th, and offered to give evidence—I remember coming home from Peckham late that evening—I called at the Old Barge Inn, opposite the Flock Company's premises, about 10.15 p.m., for refreshments—when I came out I heard dogs barking—I looked across the canal to the barge, and saw a
tall and short man making a savage attack upon a female, who wore a white bodice and no bonnet, on the deck of the sailing barge—I heard the woman say, "If you don't get off the barge I shall knock you off," and a man on the barge called to a third man on the wharf, "Fetch me something, and I'll murder the b—f—cow"—then they separated; the tall man wept to the head of the barge, and the short man to the stern, I thought, to undo the ropes and let got he barge to send her adrift—when they found they could not undo the rope, one called out, "Fetch a chopper; we will cut it"—I had to get on my way to Bow, and thought no more of it till I heard the two women talking at the Court here.
Cross-examined. It was later than 10 o'clock—I was facing the barge-house on the tow-path, and on the opposite side of the canal—it was a dark night, no stars, and only a light from the door of the barge house, about 60ft.—the two men rushed at the female as though they were going to tear her to pieces—I saw them put their hands out upon her—I thought she was in danger of being thrown over into the canal; in fact, in danger of her life—I did not call out—I heard no cries of "Murder," or I should have swam to the barge, in the interest of the public.
SIDNEY ERNEST HARTNOLL . I reside at 130, Narrow Street, Lime-house—I am a master lighterman and freeman of the Thames—I have been all my life on the water—I am well acquainted with the practice in taking barges up and down the Grand Surrey Canal, and mooring barges on the off side for safety—no objection has been made, and my own barges have been moored at this place, several times—it is etiquette to let them lie—the barge owner or captain takes leave, and people do not interfere—the danger of cutting a barge adrift is very great especially at night, as in the dark they might go athwart the canal and come to injury from the traffic.
Cross-examined. I know this is the Standard Flock Company's yard—I do not know it, but I know the people—we moor to private property—if the tide will not let us stop further out, we moor where we can.
NOT GUILTY .
Before Mr. Justice Bucknill.
MR. BODKIN, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. HUTTON Prosecuted.
GUILTY .— Ten Years' Penal Servitude.
MR. HUTTON Prosecuted.
GUILTY of indecent assault.— Twelve Months' Hard Labour.
MR. HUTTON Prosecuted.
GUILTY .— Six Months Hard Labour.
MR. KERSHAW Prosecuted, and MR. BROWN Defended.
NOT GUILTY .
No evidence was offered.— NOT GUILTY .
ADJOURNED TO MONDAY, OCTOBER 22ND, 1900.