CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD MAY 13TH, 1901.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ., K.C.
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS AND SONS, LIMITED. 119, CHANCERY LANE,
Law Booksellers and Publishers.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, May 13th, 1901, and following days,
Before the Right Hon. FRANK GREEN, LORD MAYOR of the City of London; the Hon. Sir GAINSFORD BRUCE, and the Hon. MOSELEY CHANNELL, two of the Justices of His Majesty's High Court; Sir REGINALD HANSON, Bart., M.P., LL.D., F.S.A., and Sir WALTER WILKIN, K.C.M.G., Aldermen of the said City; Sir FORREST FULTON, K.C., Recorder of the said City; Sir JOSEPH COCKFIELD DIMSDALE, Knt., WLLLIAM PURDIE TRELOAR, Esq., THOMAS VEZEY STRONG, Esq., and THOMAS BOOR CROSBY, Esq., M.D., other of the Aldermen of the said City; and ALBERT FREDERICK BOSANQUET, Esq., K.C., Common Serjeant of the said City; His Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City and Judges of the Central Criminal Court.
WALTER VAUGHAN MORGAN, Esq., Alderman.
JOSEPH LAWRENCE, Esq.
JOSEPH DAVID LANGTON, Esq.
CENTRAL CRIMINAL COURT.
GREEN, MAYOR. EIGHTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, May 13th, 1901.
Before Mr. Recorder.
MR. GRANTHAM Prosecuted, and MR. OLIVER Defended Taylor.
NOT GUILTY .
364. THOMAS JOHN WALLACE (34) PLEADED GUILTY to stealing, while employed in the Post Office, a post letter containing six pocket-handkerchiefs; also to stealing a post letter containing three rings; also a letter containing 12 handkerchiefs, the property of the Postmaster-General.— Nine months' hard labour.
365. JOHN PHILIP VALENTINE (25), to stealing, while employed in the Post Office, a post letter containing a postal order for 1s.; also to stealing a post letter containing a card, the property of the Postmaster-General.— Nine months' hard labour. [Pleaded guilty: See original trial image.]
366. THOMAS GODWIN , to stealing, while employed in the Post Office, a post letter containing four postal orders, each for the payment of 20s., the property of the Postmaster-General.— Nine months' hard labour. [Pleaded guilty: See original trial image.]
367. JOHN ASHTON WHITLARK, to publishing a false and defamatory libel concerning Benjamin Skelton. He received a good character.—Three months in the second division. And [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, May 13th, 1901.
Before Mr. Common Serjeant.
MR. BUZZARD Prosecuted.
while I was stooping down two men came up at the double, and one of them put his hand up to take my watch—I put up my hand, and the chain snapped—the other man put out his foot and tried to trip me up—I believe Berry to be the first man—I recognise two of them, but not the one who tried to trip me up—I followed them, and a third man ran into the middle of the road and tried to trip me again—I called, "Stop thief!" and a fourth man did trip me—there were seven or eight in the gang—I fell, and was kicked in the groin and on my eye—they left me lying there—I joined my wife in the Ivy House public-house, fetched a policeman, and pointed out the three prisoners to him in the bar as being among seven or eight others—I recognised the one who took my chain, and Amos and O'Brien as having tried to trip me up—after they were taken into custody I went back to the Ivy House and identified someone else—my watch-chain and pencil-case were worth ₤15—they got them both away from me—I was wearing a watch, but the chain broke, and the watch remained in my pocket.
Cross-examined by Berry. I am sure you were there—I picked you out directly I went into the bar.
Cross-examined by O'Brien. I did not scream in the bar—I said that I had been robbed—I did not hear anyone ask for a glass of water—you both said that you. had been there quite an hour drinking, but the manager did not say so.
Re-examined. I went into the bar two or three minutes after I was outside—Ivy House is in Goswell Street, but there is another entrance in the street which they ran into—I did not see them go in—I lost sight of them.
FLORENCE LEWIS . I am the wife of Charles Alfred Lewis, of 39, Langdon Road—on the night of April 29th I was with the prosecutor and his wife in Goswell Road, talking outside a public-house—I saw some men—the prisoners are three of them—the prosecutor's wife had lost a button, and he said, "I will go and look for it"—we were then just inside the Ivy House—he went out, and I went out, too—he was stooping to look for the button, and Berry rushed at him and broke his chain, and Amos kicked him on his side and ran away—he was standing when he was kicked, and then O'Brien tripped him up—they then ran away—there were eight altogether; four were there, and four standing at the public-house door—Webster was tripped up several times as he ran, and he fell—I went back to the public-house to my father, and stayed till Webster came back—I then ran with him to the comer, and saw a policeman—he said, "Should you know them again?"—I said, "Yes"—I afterwards went to the station and picked out the prisoners as three of the men.
Cross-examined by Amos. I did not say in the public-house, "I know you all; you all wear caps"—I did not accuse the potman, who was standing outside, but he interfered, and I said, "Perhaps you are one of them."
Cross-examined by O'Brien. I was not in the bar talking to the land-lord and his wife when the robbery was committed—I did not scream or ask for water, nor did I have any—I could not see you when you were in the private bar—the potman said that I had made a mistake, and I said,
"Mind your own business; perhaps you are one of them"—the manager did not say that as well, he was upstairs at the time.
THOMAS HARRIS (366 G). On April 29th, about 11.20, I was near the Ivy House—Mrs. Lewis spoke to me—I went into the bar of the public-house with her and the prosecutor, who pointed to the prisoners and said, "Those are the three men who knocked me down"—Berry said, "We have been in here for hours; you have made a mistake"—Amos and O'Brien went out—I took O'Brien, gave him into custody, and went in and fetched Berry out—they were taken to the station—Amos said, "That is fair; where are the witnesses?"
Cross-examined by Berry. You were standing drinking at the bar—I did not hear you ask a man to come to the station as a witness—the manager came there afterwards.
JOHN GARBIT . I am a brushmaker, of 5, Upper Charles Street, Goswell Road, and am Mrs. Lewis's father—on April 29th, just after 10 p.m., I went to the Ivy House, and about 10.30 the three prisoners came in—I saw them go out about 11 o'clock, and in 10 or 15 minutes I heard a scream outside, and a lot of them rushed in at the side door in Seward Street—it is a corner house, partly in Goswell Road, where there is an entrance, and another in Seward Street—one is a large public bar—later on the police came in.
By the COURT. The eight or nine men all went out, and rushed in at the side door—the shouting was while they were out of the public-house.
Cross-examined by Amos. I was in the first private bar—I could see all the public bars where I was.
Cross-examined by O'Brien. Mrs. Lewis was in the private bar with me at one time, but she went out, and Mrs. Webster too.
GEORGE WRIGHT (Policeman G). On April 29th, about 11.25 p.m., I was in plain clothes in Goswell Road with Cox—I saw a large crowd outside the Ivy House—the bar was very full—I saw Amos and O'Brien leave the house, followed by a constable and the witness Lewis, and the prosecutor and a policeman following close behind—I explained to the prosecutor who I was, and he pointed to Amos and O'Brien, and said that they had assaulted and robbed him, and that there were some more inside the bar—I arrested O'Brien—he said, "You don't want to take me; you don't know who done it"—on the way to the station he said, "You are taking a liberty with me because you know me; O'Brien will tell you I did not do it; I was not on the job"—I do know him—when charged he said, "We have witnesses; those witnesses are prostitutes, and I suppose they have had it"—Amos said, "That is fair; where are your witnesses?" and not "Where are the witnesses?"
Cross-examined by Amos. O'Brien came out of the house, and you were just following him—you and Amos left together—there were other men there whom I knew in the gang.
SAMUEL COX (Detective, G). I was in Goswell Road with Wright—when we arrived at the Ivy House we saw a large crowd outside—Mr. and Mrs. Webster came out of the house, and O'Brien and Amos out of the front bar—we told Mr. Webster we were police officers, and he gave them into custody—when I took hold of Amos he said, "All right, don't take hold of me; this is having a drink with them; you are taking me
for nothing; I would not mind if I had it"—I took a note of that—when charged he said, "That is fair; where are your witnesses?"
Evidence for O'Brien's Defence.
EDWARD ISAAC SHEPHERD . I am an ostrich feather dyer—on April 29th, about 11 o'clock, I went into the Ivy House and had a glass of ale, and sat down, and about 10 minutes afterwards I heard a commotion on the other side of the bar—I went outside with the prisoners—they were all in the same bar with me—they went out first after the commotion, which was a kind of struggle in the public bar, next to the private bar in which I was sitting—I saw one or two persons run by outside, and the prisoners went out to see what was the matter, and, of course, I went out too—they came back again, and the lady accused them of stealing the chain—I could not go to the station with the prisoners because I have got a bad leg.
Cross-examined. I have worked at Mr. Clay's, 6, Ashley Street, six months, and before that at Mr. Lock's—I am not in this public-house every night—I live five minutes' walk from it—I live next door to O'Brien; I have known him four months—I did not see any of the prisoners till I went to the house that night—I said, "Good evening" to O'Brien and his wife—about seven others were there—I did not see Mr. Garbit there—I was in the middle bar—all the seven or eight men, including the prisoners, went out about 11.10 to see what was the matter in the street—I do not think they went out before anything was the matter—the commotion I speak of was inside the house—I heard no noise in the street, but a lot of people rushed by the door—the prisoners went out to have a look, and, of course, I went out—O'Brien left his drink on the counter, and went out to see what was the matter, and I followed—I saw nothing more of the commotion in the next bar—there is thick glass in the door, but it was a little bit open, and I was looking in that direction—I did not hear a row or halloaing in the street—they went back by the same door as they went out at; I swear that—I particularly noticed which door they came in and out at—I did not particularly notice the door, but I went out myself and came back again—they came back to finish their drink—they went out by the door in Seward Street and came in at the door in Seward Street—a gentleman had lost a chain—I did not go to the station at all; I walk with two sticks—I was able to walk to the public-house, but not to the station.
By the COURT. I was in the same bar as the three prisoners and another man—no other men were there; but their wives and other women were there—they were in the house when I went in—the commotion was in the next bar; I do not know what it was—I saw Webster outside, and he came in with a lady and a policeman—that was about seven minutes after the prisoners went out and came back again.
JAMES LAING (Police Sergeant). I received a communication from the governor stating that the manager and potman should attend—I went there, and summoned them to attend here at 10 o'clock—neither of them gave a decided answer. (They were called, but did not answer.)
Berry, in his defence, stated, upon oath, that he was inside the house when the prosecutor rushed in, and that he called upon the landlord to prove that
he was innocent, and that the prosecutor stated that the man who stole his chain was not in custody.
Amos's defence. Some other man whom Mrs. Lewis swore to was the man; it appears he was there at the time the robbery was committed.
O'Brien, in his defence, stated, on oath, that he was inside the public-house with Amos and their wives and two other women, when there was a commotion outside, and the prosecutor rushed in and said he had been robbed; and that Mr. Holland, the manager, told Mrs. Lewis that he and Amos had never been out of the house.
THOMAS HARRIS (Re-examined). When I went into the house Mrs. Lewis identified the prisoners immediately—the bar was full of people—the prosecutor was present when she identified them—there were a lot of people there before the prisoners rushed in; but the three prisoners and four women were standing together—there was a large crowd in the street.
GUILTY .—They then PLEADED GUILTY to previous convictions; Berry at Clerkenwell on July 5th, 1898; Amos at Clerkenwell on October 26th, 1898; and O'Brien at Middlesex Sessions on April 10th, 1897. A great many other convictions were proved against each prisoner, and O'Brien was still under ticket of leave. BERRY— Five years' penal servitude; AMOS— Four years' penal servitude; O'BRIEN— Four years' penal servitude, having still a year of his previous sentence to serve.
OLD COURT.—Tuesday, May 14th, 1901.
Before Mr. Justice Channell.
MR. BOYD Prosecuted, and MR. HUTTON Defended.
MORTON WILLIAM HOLDING . I live at 125, High Street, Stoke Newington—the prisoner is my father—he has always been kind to me—he took me to the theatre on April 18th—on the morning of the 19th I was with him in the kitchen; he was not quite sober—he asked me to get a box out of the fixture—I went to get it, and when my back was turned he hit me with this chopper (Produced) on my head—I screamed out for help—a man came in, and I was subsequently taken to the hospital.
Cross-examined. I have been delicate—my father has been most kind to me—we used to occupy the same bedroom—when I have not been well he has attended me with my mother—he has been very much worried lately with business—I have seen him crying several times—it was when he was worried that he took a little drink—a short time ago an execution was put into our house—a man came to take possession of our things—my father was crying and very much worried when that took place—the day before this took place he was playing with me.
screams, and I went into the basement of the prisoner's house—the door was fastened; I forced it, and in the kitchen I saw the prisoner holding the boy by the left arm, who was covered with blood, and bleeding from the head—I pulled the boy away from him, and pulled him into the shop—I handed the prisoner over to the police—he said to me, "What have I done; what is it for?"—I did not see the chopper—the prisoner was not doing anything to the boy when I went in.
WILLIAM POULTER . I am a butcher, at 113, High Street, Stoke Newington—on April 19th, about 11 a.m., the prisoner came into my shop and asked for the use of a sharp knife for a short time—I lent him this knife (Produced)—he did not tell me what he wanted it for.
Cross-examined. I did not notice anything extraordinary about him; I was very busy.
ALFRED JENNINGS (Police Sergeant, N). On April 19th I was outside 125, High Street, Stoke Newington, about 12 a.m.—someone made a communication to me, and I went into 125—in the back kitchen I saw several pools of blood and splashes up the wall—I found this chopper lying alongside a large pool of blood—it was covered with wet blood—in the other room I found on the shelf this butcher's knife—I went to 127, and took the lad to the hospital—the prisoner was being detained by another constable and another man—I left him there.
CHARLES DIXON (Detective, N). On April 19th I was with Jennings in the High Street—I heard a noise in 125—I went in, and found prisoner being held by Kemp—I told him I should take him into custody—he said, "All right, don't show me up"—on the way to the station he said, "I must have been mad"—I said, "You don't seem to understand what you are saying; anything you say I shall use as evidence against you"—he said, "I quite understand; I have thought about it for the last eight months; this morning I meant to kill him; he is consumptive, and has caused a lot of trouble at home, so thought he would be best out of his misery, poor boy! I do not know how I plucked up courage enough to do this. May God forgive me!"
Cross-examined. He appeared very much dazed—he seemed to be wandering—I should say that he understood what he was saying—I do not think he was quite responsible for what he was saying or doing—there were signs of drink about him.
JOHN MARTIN (Inspector, N). On April 19th, about 12.20, the prisoner was brought to the station—in consequence of what was said, I went to 125, High Street, Stoke Newington—in the back kitchen there were several pools of fresh blood—I saw the boy next door—he was bleeding very much from his head—when I returned to the station I told the prisoner I should charge him with attempting to murder his son with a chopper—he was dazed, and had apparently been drinking heavily—he appeared to understand what I said to him—he said, "I will speak the truth, whatever I say now. How is my boy?"—after he was charged he said, "I will leave it to you. I done it; I know that. I hope you will do the best you can for me."
bleeding from several wounds on his head—I put a temporary dressing on, and sent him to the hospital.
Cross-examined. He is a delicate boy—I should expect to find him concussed by a blow on his head from this chopper—I think one blow with it would have killed him, provided there was no resistance.
JOHN DAWSON HARTLEY . I am house surgeon at the Metropolitan Hospital—the boy was admitted on April 19th—he was under my care till the 25th—I examined him when he came in—he was suffering from scalp wounds—he had lost a good deal of blood, and was suffering from shock—the wounds could have been caused by this chopper.
Cross-examined. One blow on the head with this chopper would have killed him if it was of sufficient strength.
GUILTY of unlawful wounding . He received a good character.— Four months in the second division.
FLORENCE MATILDA BROWN . I am single—I live at Rothschild Villas, Acton, with my mother, and am a waitress—I have known the prisoner about two years, and have been keeping company with him—last August I became engaged to him—we often had quarrels, but nothing very serious—I do not know what the quarrels were about—he was very jealous; last February he tried to strangle me—he got hold of me by the throat and shook me—I broke off our engagement—that was on a Tuesday, and on the Saturday he asked me to forgive him and have him back again—I did so, but was not engaged to him; I became on friendly terms with him—on Saturday, April 20th, I was going home about 8.45 p.m., and saw him following me—I asked him where he was going—he said he was coming to see me—he had rather a disappointed look on his face, as if he did not want me to see him—we walked towards the gate next to our house—I was going to say good-bye to him, when he said he had got some paint round at the side of the house, which he was going to take home—he opened the gate, and I walked in—when we got round the corner of the passage at the side of the house he was on my right side, but not level with me—I did not see anything in his hand—he did not say anything—I saw a flash, heard a report, and felt a stunning blow in my head—I screamed—he placed his hand over my mouth for a moment—he then left me, and I did not see him any more—when he took his hand off my mouth I fell to the ground—I got up and collided with my mother, who had come out—she bathed my wound at once; I was bleeding—she sent for a doctor, who came and attended to me—the prisoner had said he would shoot me if I did not marry him—he said that before the engagement was broken off, and before he attempted to strangle me—I did not take much notice; I never thought he would do it—I have never seen a revolver in his possession, but I think he said he had one, which he kept as a curio, as it proved fatal at a long distance—I am positive that the wound which I received was made by some firearm; it was not done by a blow.
Cross-examined. I think I have said before to-day that the prisoner said he would shoot me if I did not marry him—I did not make any complaint to the police on the night he shot me, because I did not want him arrested—when he tried to strangle me he did not simply push me against the wall; he caught hold of my throat—if I had not had a collar on he would have done me some harm—he did it in a temper—when I met him on April 20th he wanted me to go out the next day—I told him a lady friend of mine was going out with me, and that I should want a rest in the afternoon, but I would meet him at 6.30 p.m.—when I heard the report, and felt the blow, we were quite close together—the shot was fired at the back of me—whatever he fired with must have been in his right hand—my mother did not hear the pistol-shot; she heard me screaming—she was not very close—the kitchen was at the back, and we have some open ground there, so no doubt the sound went over the open ground instead of going to the kitchen—I suppose the wind took the sound of the pistol-shot towards the house, seven houses away, if a man heard it there—no bullet has been found; it has been searched for—no marks of powder were found on my hat—my mother said there were some dark marks on my hair, but she bathed me at once—it was not blood; it was a dirty colour—there was no powder there when the doctor came—I have never had a violent blow before—I do not know what it is like—when my mother came up I said, "Mother, he has shot me"—I know I was shot.
CLARA BROWN . I am a widow, and live at 19, Rothschild Villas, Acton Green, and am the prosecutrix's mother—on April 20th, about 9 p.m., I was in my kitchen at the back of my house, preparing supper—I heard a scream—I ran out, and saw my daughter—she said, "Fred has shot me"—we went into the kitchen—I saw some marks at the side of her head—I ran for some water and bathed her—her hair seemed to be dirty—I got some more water, as the first became dirty—blood was running down her face—I did not dress the wound; I sent for the doctor—I heard no report of a pistol.
Cross-examined. My daughter has been engaged to the prisoner about two years—I understood that there was an engagement at the time this happened—the first water was certainly not darkened by blood—my daughter had told me she had been shot—I was very frightened—I am quite sure the basin I used was clean.
WILLIAM HENRY DAVY . I am a clerk, of 12, Rothschild Road, Acton—about 9 p.m. on April 20th I was walking towards my house with my wife—I went into my back kitchen; the kitchen and scullery windows were wide open—I heard a report as from a firearm a short distance away; I cannot say how far; it sounded very near—I did not do anything; I was interested in an account of a football match at the Crystal Palace—I did not hear any screams then—I do not remember if I did later on.
Cross-examined. I did not hear any scream at all—the prosecutrix's house is 45 or 50 yards away—my wife heard the report—I cannot remember if I mentioned it to her at the time—I did not go out to make enquiries; I was too interested in the report of the football match—I
have never fired a firearm—I first heard of this case the following Monday morning.
ROBERT GEORGE CHRISTY . I am a registered medical practitioner, of Rothschild Road, Acton Green—on April 20th, about 9 a.m., I was sent for to Mrs. Brown's house—I went there, and saw the prosecutrix—she had a wound on the right side of her head, a little above the ear; it was bleeding—it was about 1/2in. or 3/4in. long—it commenced apparently in front, as it was much shallower there than at the back—it seemed to go under the skin for about 3/4in. or 1/2in.—the depth from the skin towards the bone was about 1/4in.—it might have been caused by a bullet—the wound had been washed before I saw it—I probed it—I found no bullet or foreign matter there—it was not a dangerous wound—the bullet must have fallen out, or was pressed out, if it was a bullet—it came out the same way that it went in—there was no second opening—the tension of the scalp skin might possibly have pressed it out.
Cross-examined. The direction of the wound was from front to back—if the pistol was fired from the back it must have made a wound in an opposite direction—grains of gunpowder cannot be washed out of the skin—the wound was a cul-de-sac—the bullet would have to come back to get out—a sharp stone could have caused the wound.
Re-examined. The direction of the wound was consistent with the man standing on the girl's right side—it would be possible to wash out the discolouration from the smoke of the revolver—there are small toy revolvers which throw no powder at all.
By the COURT. If I had not heard anything about shooting I should have said that something had penetrated the skin—if it had been a stone it would make a big bruise, and if it was a sharp stone it would scratch the skin—a fall on a spike might have caused it, or any sharp instrument, except a knife—it had not the appearance of a knife—it would have to be something larger than a pin.
WALTER DEW (Police Inspector, T) On April 21st I received information, in consequence of which I went to the prisoner's house—I did not find him there—I traced him to Liverpool—I sent a telegram to the Liverpool police, stating what train the prisoner was in, and they arrested him—I went down with Inspector Fowler, and found him detained—I said to him, "We are two police officers; is your name Frederick Sully?"—he said, "Yes"—I said, "I am going to arrest you for attempting to murder your sweetheart, Florence Matilda Brown, by shooting her in the head, at Acton Green, on the 20th; you understand?"—he said, "Yes, I understand"—I subsequently conveyed him to London, and he was charged at Hammersmith Police-court—he made no reply—a letter was handed to me by the Liverpool police, with an address in America on it; it was found on him when he was arrested.
Cross-examined. The prisoner has been in England about two years—he was formerly in Australia—I understand that he is a hard-working, industrious man—I could not find anybody else who heard the report of the pistol, as it was Saturday night, and a great many people were out marketing—I have searched for the bullet and revolver, but several hours after the occurrence.
The prisoner, in his defence, on oath, said that he did not shoot the prosecutrix,
but he was angry with her, and, feeling something under his foot, he picked it up and struck her with it, but that he did not know if it was a stone or a brick, or a piece of wood.
GUILTY of unlawful wounding .— Three months' hard labour.
NEW COURT.—Tuesday, May 14th, 1901.
Before Mr. Recorder.
373. ALBERT BRADDON (30) , to stealing a bicycle, the property of James Licence; also a bicycle, the property of Charles Weston, having been convicted at Clerkenwell on July 5th, 1898. Eight previous convictions were proved against him.— Three years' penal servitude. [Pleaded guilty: See original trial image.]
374. NORMAN BROOKS (27) , to three indictments for forging and uttering endorsements on cheques for ₤4 13s., ₤4 14s., and ₤4 16s., with intent to defraud; also to stealing three gross of brass handles, the property of Arthur Farey and another, his masters.— Four months in the second division. And [Pleaded guilty: See original trial image.]
(375). SIDNEY SMITH (28) and JOHN CECIL HALL (22) , to three indictments for forging and uttering bills of exchange for ₤65 10s, ₤48 5s., and ₤40 5s. 6d., with intent to defraud. Two previous convictions were proved against Smith. SMITH— Seven years' penal servitude; HALL— Six months' hard labour. [Pleaded guilty: See original trial image.]
MR. HENDERSON Prosecuted.
JAMES BAGNELL . I live at 78, Blackfriars Road—on May 3rd, about 11 p.m., I was in a public-house in Central Street—I had two glasses of ale and then went into Bashford Street, and all of a sudden I was caught round my waist by the two prisoners—they opened my coat, and someone came behind me and knocked me down—I struck the prisoner Johnson—they held me, and took my watch and chain and ₤4—they left me on the ground, and ran into a hall—I was kicked while I was on the ground—there were three of them—I identified the two prisoners at the station—there were three men there.
WILLIAM PILLAR (46 G.R). On May 3rd, about 11.30, I was at the station when the prisoners and another man were brought in, charged with disorderly conduct—the prosecutor came in, and immediately said, "These are the two men who robbed me," pointing to the prisoners—Little said, "Are you sure?"—he said, "Yes, and the other one as well;
there is a scratch on your face"—after the charge they both said, "We were not near Bashford Street."
Cross-examined by Johnson. I did not scratch your face.
FREDERICK COOK (275 G). On May 3rd, about 11 o'clock, I was on duty in Goswell Road, and saw the prisoners coming down Bashford Street—they went about five yards down Goswell Road, and turned back—four or five other men followed them—I crossed the road, and saw something unusual, as they were hurrying—I went into Bashford Street, and saw the prosecutor with his collar and tie undone—from what he said I accompanied him to the station, where the two prisoners were in the dock on another charge, and he identified them.
Cross-examined by Little. I knew you both before.
Johnson's defence: I never was in Bashford Street that night. I never saw this man in my life before.
Little's defence: The police have told him what to say. He says that he recognises Johnson by the cut on his eye, but the policeman did that. The prosecutor was drunk. He came to the station, and the policeman said, "Are those them?" I swear I never was in the street on the night on which he was robbed.
FREDERICK COOK (Re-examined) I have only known Johnson for the last month, and Little only two days—I was keeping observation on them for other purposes before I saw them hurrying through Bashford Street together—there is a well-lighted public-house at the corner where I saw them.
GUILTY .—They then PLEADED GUILTY to previous convictions at Clerken-well; Johnson on October 17th, 1899, and Little on March 20th, 1899; and other convictions were proved against each.— Three years' each in penal servitude.
JOHN KNIGHT . I am a ship's engineer—on April 26th I was in Flower and Dean Street about midnight—there were four men on the footpath—they rushed at me, knocked me down, and went through my pockets, and took my discharges and 15s.—one of them struck me under my ear and felled me to the ground, and I was kicked.
WILLIAM MAKEPEACE (405 H). On April 26th, about 12.13, I saw the prisoners running away from the sailor, who was lying on the ground—I took them back to him, and he said that they had robbed him—there were three of them; I saw them all of a heap—I caught Ormes at once, and arrested Felix on the Sunday afternoon—he said, "I was with two others, walking through the street, but I did not do anything; Ginger did it"—that is Ormes—I have no doubt he is the man I saw.
Ormes, in his defence, stated, upon oath, that he saw some men in the street, whom he did not know; and that he did not run away.
Felix, in his defence, stated, upon oath, that he saw the prosecutor walking along, but not lying down; that he did not run away, and did not say that Ginger did it.
W. MAKEPEACE (Re-examined) The prosecutor had had some drink, but he knew what he was about.
NOT GUILTY .
MR. KERSHAW Prosecuted.
ELIZA POTTER . I keep a boot and shop shop at 304, Regent Street—on February 16th I had sent some boots to a customer, named Drummond, in Great Cumberland Place in the afternoon; after which the prisoner came and said that, if I had not sent Miss Drummond's boots, he would take three pairs, and I said that I had sent them—the messenger boy came back at the same time—the prisoner said to him, "You saw me on the steps," and took the boots from his hand and said, "Who signed for it? I see, Gardner, the valet"—I gave the prisoner the three pairs—he came back in an hour, and said that the lady would keep them, and he wanted me to let him have 12 pairs, and said that, if he could not bring them back on Saturday, would Monday do—I said, "Yes"—he came on the Monday, and asked for the bill—I made it out; it was ₤13 8s. 6d.—he asked me if I would let him have a cheque on the London and County Bank, as "the captain" could not get at his cheque-book—I gave him this cheque form, and he brought it back filled up for ₤15 15s., and said that Miss Drummond was not down, and would I let him have the balance of the cheque, which I did, and he came back again, and I let him have ₤6 more—I next saw him at Marlborough Street Police-court, where I picked him out from six or seven others—I had seen him three or four times.
Cross-examined by the prisoner. I do not know how you knew that I had an account at the London and County Bank—the boots have not been returned.
HENRY DRUMMOND . I live at 5, Great Cumberland Place—Captain Dennison was not staying with me in February, nor anyone who wanted boots—the prisoner was not employed there, I do not know him at all—I have seen the cheque.
The prisoner produced a written defence, stating that he had not been fairly identified, as the police indicated him to the witnesses.
GUILTY .—He then PLEADED GUILTY to a conviction at Clerkenwell in the name of Herbert English, and convictions at Yarmouth and Norwich were proved against him.— Three years' penal servitude.
THIRD COURT.—Tuesday, May 14th, 1901.
Before Mr. Common Serjeant.
AUGUSTUS FINCH NOYES . I live at West Lodge, Heddington, Oxfordshire—in May last year I caused to be inserted in the Bazaar, Exchange and Mart this advertisement: "A set of Jubilee coins, from ₤5 to 3d., in Mint state, for sale," and received this reply through that office—(This was from 282, St. Paul's Road, Highbury, London, May 11th, 1900, offering to deposit ₤14 with the Editor of the "Exchange and Mart," asking for particulars of these and other coins to be sent to this address, signed "Herbert M. Mart.")—I replied, accepting the offer, and received this letter of May 15th, asking for them to be forwarded by registered letter—I next received this deposit note in this envelope—(Dated May 16th, purporting to come from the "Bazaar" office, acknowledging our form No. 3954, and a deposit of ₤14.)—believing the note to be genuine, I forwarded the coins to the address named, by registered letter, and received this receipt from the Post Office, dated May 17th—in consequence of not receiving any acknowledgment of the parcel being received, having previously sent a telegram, I communicated with the Bazaar office, and learned that the deposit note was not genuine.
Cross-examined by the prisoner. I first complained of my loss after my telegram—I was not summoned, but attended voluntarily, as requested by Messrs. Powell & Skues, solicitors—I had never seen you before this case.
ROSE KEATS . I assist my mother, who keeps a newsagent's and stationer's shop at 282, St. Paul's Road, Highbury—we take in letters on payment of a fee of 1d. a letter—I recollect a Mr. Mart calling for letters in May, 1900—I handed him a registered parcel, and received this receipt from him, "Received registered letter from Mrs. Keats, May 17th, 1900. H M. Mart"—it was written in the shop.
Cross-examined. I have received no pay from the solicitor who brought me the paper to attend the Court—I had no conversation with him.
HENRY WILLIAM COX . I live at 8, Crozier Street Lambeth Palace Road, and am a clerk in the Bazaar, Exchange and Mart office, a paper which advertises for persons desiring to buy or sell articles—we have a system of deposits, to prevent frauds—we retain the deposit till the completion of the purchase—a form of deposit is sent to the depositor, and a notification to the advertiser—these are some forms (Produced)—they are attached to counterfoils in a book—I have searched the books, and can find no trace of a deposit of ₤14 in May last—this deposit form came from our office, but the writing is not ours, nor by our authority—I say the same of the envelope—this form was originally issued in relation to a deposit of 12s. by a Mr. Blackburn in favour of a Mr. Riches, of 30, Popham Road, Islington, on May 14th last year, and the other form is a duplicate—I can trace some of the writing underneath—in that case no sale took
place, and the deposit was returned to Mr. Blackburn, and the form has been altered as it appears.
Cross-examined. Our paper has been established about 32 years—it has a large circulation—I have not known of a similar complaint with regard to a deposit note—I have been connected with the paper about nine years—I believe a notice with reference to this case was inserted in the paper on May 1st.
ANNIE ELIZABETH GATLAND . I keep a newsagent's shop at 30, Popham Road, Islington—by arrangement I take in letters to be called for—in May, 1900, the prisoner called for letters in the name of Riches—a good many came, which I handed to him—I identified him in the Police-court-yard from other men.
Cross-examined. I have received no money to attend the Court—I was asked if I had taken in letters in the name of Riches, and I said I had, and the gentleman told me to be at the Court at a certain time—he did not describe you—I told him I could pick you out, and I did—I have been at my shop 16 years, and taken in hundreds of letters, but not for you till early last year—I had 300 letters in a breach of promise case—I handed you one registered letter—I saw you twice about it—I did not know your age, nor look at your trousers—you did not wear glasses—I am positive you are the person who called—I did not see you from the passage—I identified you in the yard—they said I looked through the window—the policeman said, "Do you see anyone you know?"—I said, "Yes"—he said, "You must go and touch him," and I touched you—he said, "You must put your hand on him," and I put my hand on you—I knew you directly—I should know you after 20 years—I am not anxious to identify you; I am losing my time here; I had my shop open at 5.30 this morning, and work very hard—I expected to find the person who called for letters, and I found you quick—your clothes were a dark colour and shabby—you had an overcoat once or twice, and, I think, a black bowler hat—you had a dark moustache, but no beard, and your hair was closer than it is now—I did not notice any pin—as it was you, he must have been the same height.
JOHN PRATT . I am a warder in His Majesty's Prison, Holloway—the prisoner was there in custody on April 6th, and, at his request, I supplied him with this sheet of writing paper, placing my initials in the corner—he was in a cell, alone—after a time I received the paper written on, as it is now—it would have been impossible for anyone else to have written it.
WILLIAM BURNHAM (Detective, F) On April 1st I arrested the prisoner in Bridge Road, Battersea, on another charge—I found a large bundle of small torn-up pieces of paper in the bottom of his overcoat lining—I have pasted them together, and now produce them.
Cross-examined. I served the recognizance notices—I have not described you to the witnesses, or conversed with them—if they had asked for your description they would not have got it—Gatland identified you in the yard, not in the passage.
THOMAS HENRY GURRIN . I am a professional expert in handwriting at Bath House, Holborn Viaduct—I have given evidence in this and other Courts for years past on behalf of the Treasury and others—I have
examined and marked these documents; the letter of May 11th, 1900, from Mart to Colonel Noyes; the deposit receipt form for ₤14, and envelope, the postmark being May 15th; the receipt, signed by Mart, of May 17th; the letter of April 6th, from Holloway Prison, and the writing on the torn pieces of paper found on the prisoner—I believe they are all written by the same person—the letter from Holloway Prison has been carefully disguised, loops having been added after the letters have been formed, and there is a difference in the size of the writing—(Explaining to the JURY the points of resemblance in the documents)
Cross-examined. I have been an expert 16 or 17 years—I have been employed in about 2,000 cases, not always in the witness-box—the verdicts of juries have been about 3 to 4 per cent, against me—I do not profess to give more than an expert's opinion—this writing is, some of it, disguised, and I cannot swear to the original—I do not say the writing is identical, but I have referred to the points of resemblance—I have had experience where persons write seven or eight different hands—commercial men and others engaged in similar callings adopt similar styles.
The prisoner, in his defence, on oath, denied all knowledge of the forged documents, and said the witness who identified him as calling for the letters was mistaken.
GUILTY .—There were other indictments and many similar charges against him.— Four years' penal servitude.
MR. HARRISON Prosecuted and MR. PURCELL Defended.
MARY PETTIT . I am a servant in a public-house at 25, Temple Street, Bethnal Green—I have known the prisoner by sight about a month or five weeks—he is nicknamed Fat—on May 9th, between 9 and 10 p.m., I left the public-house with a purse containing three halfpence and three keys—before I had gone far in Temple Street two boys came behind me; suddenly one caught hold of my wrist and held me against the wall—the prisoner took my purse out of my pocket, the other said, "Have you got it, Fat?" and he said, "Yes"—they ran away—I went back to the public-house and made a statement to my mistress—the potman and I told the police—I afterwards saw the prisoner with some more boys, and with his mother—I went and asked him for my purse—he said he had not got it—I gave him into custody.
Cross-examined. We did not go to the prisoner's house—he and his mother came and stood outside the public-house—then I asked him for my purse—their house is in the next street—it was after dark—I had been employed at the public-house six weeks—I knew the prisoner quite well by sight—I did not walk out with him—I have sometimes answered when he called out—I went for some cat's meat, and came back—I only went out again to tell the policeman—the boys came behind me, and then got in front of me and held my wrist; one on one side, and one in front—I looked back—I could see the faces of both—I knew one, not the other—I had seen the prisoner nearly every night—I have not stopped about to talk with him—they pushed me against the wall of a private
house—I screamed out—they held my hands too tight to pull them away—the prisoner is not so big as the other boy—the other boy got his hand in my dress pocket—the keys are mine—the purse was a preseet—I recognised the prisoner as Fat.
BENJAMIN NEVILL . I am potman at 25, Temple Street, Bethnal Green, where the last witness works—she went out about 9.30—she was out about 10 minutes—she came back and said that she had lost her purse.
Cross-examined. Then I went out with her to find the prisoner—a little girl in the street told us where he lived—I left information with the prisoner's mother—she came with the prisoner about 10 minutes afterwards.
Re-examined. The prisoner's mother came about 10.5—I have seen the prisoner about the street—she said she had heard him called Fat.
CHARLES COOK (555 J). On May 9th the prosecutrix pointed out the prisoner to me outside 25, Temple Street, about 10.40 p.m—I arrested him—I charged him with stealing a purse—he said, "I have been down Shoreditch all the night"—he made no reply when charged at the station—I heard the boys' evidence at the Police-court as to where they had been—Shoreditch is three or four miles from Temple Street.
Cross-examined. I was on my beat about 10.30 when the prosecutrix called out to me in Clanrobert Street, Bethnal Green—we went to Temple Street, where we found the prisoner with his mother and the lad Rust—before I charged the prisoner he said, "I have been in Shoreditch all the night"—the girl went to him first—I told him I should take him to the station—he lives in Teesdale Street—he was taken before the Magistrate the next morning—he called some witnesses, and was committed for trial here, but released on bail of ₤10, and surrendered here.
The prisoner's statement before the Magistrate:" I was not down the turning last night. I passed it as I came home from work. I cleaned myself, and got ready at half-past eight. About 20 minutes to nine I walked down to the bottom of Teesdale Street. I met these three people waiting for me to go for a walk. Then we went for a walk along the Hackney Road right into Shoreditch."
The prisoner, in his defence, on oath, said that he was walking with three boys, and was near Shoreditch at the time of the alleged offence, and knew nothing about it.
Evidence for the Defence.
FREDERICK RUST . I am a French polisher, of 18, Clare Street, Cambridge Heath—at the time I gave my evidence I was out of work—I have not been able to start this week—I work at Duke & Elliott's—the prisoner is a wheelwright; he works at Aldridge's—I have known him about three years—I was with him on Thursday evening, May 9th—we had arranged at two in the day to go for a walk at 8.45—about 6 p.m. I saw another boy (Lewis), and went to Clanrobert Street, and saw the prisoner coming from Teesdale Street—we stood talking about five minutes—we met between 8.45 and 8.50—we went from Teesdale Street, round the Hackney Road, down Shoreditch, and turned back, and when we got back to the corner of Teesdale Street I wished the prisoner and Wilkins, another boy, good night, about 10.15—the prisoner knocked at
his mother's door, and then called me back and said that a little girl had accused him of stealing her purse, and the potman and a constable came up—I went with the prisoner and the girl's mother to the public-house—the prisoner was taken to the Police-station—Lewis and I followed, and the prisoner's brother and mother—we told the inspector the prisoner had been in our company all the evening—I said so at the Police-court—the other two witnesses said so next morning when we gave evidence.
Cross-examined.. Wilkins came up afterwards—I know Flo, whom the prisoner keeps company with—the prisoner told me a bit about her, but I did not listen; we walked in a row, then two and two, Wilkins with Lewis, then Scammell—the prisoner smoked a cigarette—we all smoked—a policeman asked us our names, and told us to come the next morning—Wilkins is here; he called prisoner Fat, but the prisoner would not allow it; he stopped him.
NOT GUILTY .
MR. WHITE Prosecuted, and MR. BURNIE Defended Sowden.
JOSEPH LEE . I live at 5, Albert Cottages, Flood Street, Chelsea—I am a waterman—I was friendly with Sowden till about 12 months ago, when we had a row over a girl—I knew Catling by sight only—on Sunday, April 21st, about 7 p.m., I was with my friend Renwick in Manor Street, going towards the King's Road—the prisoners passed us—Sowden put his hand behind his back and fired a revolver—they were on the pavement—I was in the road, and about three yards off—I hit him, and the revolver went off again over my head—I knocked his arm up—Catling picked up the revolver and ran as far as the Commercial public-house, in the King's Road—I ran after him—he kept the revolver about four minutes, and then threw it away—I caught him—a constable came up and took him in charge—the girl had been walking with Sowden—I challenged him on the Saturday night—he said he would not fight me, only with a knife—he asked Frederick Morris for a knife, and Morris refused.
Cross-examined by MR. BURNIE. The girl's name was Elizabeth Sandeford—I do not remember speaking to her while she was standing at her gate, because I was the worse for drink a fortnight before this—I met her with Sowden on the Saturday—I did not threaten Sowden; I only wanted him to fight—I did not tell a soldier that I would have all the blood out of Sowden—I am 18 years old—Sowden walked towards the gateway and said, "I heard you were going to set about me" just before the revolver went off—his hand was then behind him—he was looking straight at me—when I closed with him he pointed the revolver at me—I closed with him more than once—I caught hold of his right arm—the revolver was in his right hand.
Re-examined. I pushed his arm up, or I think the shot would have hit me.
about 100 yards off in Manor Street—Sowden fired a revolver from behind him—I heard him say, "You were going to set about me"—no sooner had he said those words than he let the shot go from behind him—I said to Lee, "Close with him, or else he will kill you"—Lee hit him in the stomach and closed with him, and I heard the revolver go off again—the revolver fell to the ground—Catling made a plunge for it—I said, "For God's sake, drop it; you will kill the man"—Catling ran up Manor Street—Lee gave chase—he caught him near the Commercial public-house—there was no interval between the shots; it was done too quick.
FREDERICK HEAD . I am a painter's labourer, of 5, Stamford Street, Fulham—on Sunday, April 21st, about 7.15 p.m., I was in Manor Street—I saw the prisoners standing at the corner of Manor Gardens; Elizabeth Sandeford joined them, after about five minutes—they walked down Manor Street, and met Lee and his friend Renwick; they came out of Manor Gardens—at the top of Manor Street Sowden fired a revolver from behind him—I ran to Lee's assistance—Sowden said, "I heard you were going to set about me," and fired the revolver from behind him—I saw him in front—Lee closed with him, and then Sowden fired at his face—the revolver was dropped in the road; Catling picked it up, stood at the top of Manor Street, and pointed it at me and Lee when we were following him at about 20 yards—we gave chase to the Commercial club-house—Catling threw the revolver into a garden—I know Sowden, but not Catling.
Cross-examined by MR. BURNIE. I was about three yards from Sowden when I saw him go over to the prosecutor.
NOT GUILTY .
384. FREDERICK CATLING and FRANK ALBERT SOWDEN were again indicted for a common assault upon Joseph Lee , to which they PLEADED GUILTY .— To enter into recognizances to come up for judgment when called upon.
OLD COURT.—Wednesday, May 15th, 1901.
Before Mr. Justice Channell.
385. JACK ROBERTS, ARTHUR FREDERICK BETTINSON, JOHN HERBERT DOUGLAS, EUGENE CORRI, ARTHUR GUTTERIDGE, ARTHUR LOCK, WILLIAM CHESTER, WILLIAM BAXTER, BENJAMIN JORDAN , and HARRY GREENFIELD, Manslaughter of Murray Livingstone, otherwise Billy Smith .
MR. MUIR and MR. BODKIN Prosecuted, and MR. CHARLES
MATHEWS and MR. GUY STEPHENSON Defended.
The JURY being unable to agree, were discharged, and the trial was postponed to the next Session.
NEW COURT.—Wednesday, May 15th, 1901.
Before Mr. Recorder.
(387). RICHARD HORACE EVERETT (33) and HENRY ERNEST FRY (61) , to conspiring to obtain ₤250, ₤335, and ₤660, and to obtaining credit from Barclay & Co. for ₤3,000, ₤3,500, and ₤3,300, by false pretences. ( The total amount obtained by these frauds was ₤100,000.)— Five years each in penal servitude. [Pleaded guilty: See original trial image.]
MR. BESLEY, K.C., and MR. A. GILL Prosecuted; and MR. WARBURTON
WILLIAM CARTER . I am cashier at the Metropolitan Bank, Limited, 60, Gracechurch Street—on March 1st I made up a parcel of ₤100 ₤5 Bank of England notes for despatch to our branch at Bethesda, North Wales, Nos. 54701 to 54800, dated December 22nd, 1900—these (Produced), Nos. 54711 and 54786, are two of them—I handed them to a clerk named Phillips at 11 o'clock a.m. to post.
Cross-examined. They would have been posted not later than 5 o'clock—there are 40 clerks altogether, and the prisoner has been 12 years in the bank's service.
HENRY JOHN PHILLIPS . I am a clerk in the Metropolitan Bank—on March 1st I received 100 ₤5 notes from Mr. Carter, which I put in my drawer and locked, and kept the key in my pocket—about 4.10 p.m. I took them out and put them in an envelope with some other enclosures, and put the letter with 13 others into a bag on the desk—the prisoner was on the other side of the desk—at 4.35 p.m. I left the bag on the desk while I went down to the lavatory to wash—I returned in less than five minutes—the bag was still there, but the prisoner had gone—I then took the bag to the Post-office in Lombard Street, where I found the Bethesda letter was missing—I returned to the bank, and searched the office and my desk, but could not find it, and reported my loss to Mr. Carter.
Cross-examined. The notes were given to me, not in an envelope, simply with a band round them, before 12 o'clock, and I then locked them up—I had taken nothing out of my desk in the mean time—I left the bank to go to the Post-office at 20 minutes to five.
— MENZIES. I am chief accountant at the Metropolitan Bank, Gracechurch Street—Mr. Carter reported the loss of the Bethesda letter to me on Saturday morning—we reported the matter to the police, and gave the numbers of the notes into the Bank of England—I made no communication to the staff about the loss.
CHARLES JOHN WILLIAMS . I am a clerk in the Accountant's Office, Bank of England—I produce five Bank of England notes which were paid in to our bank on April 23rd by the London and South-Western Bank, North Brixton branch—the two notes in question are amongst them.
LOUIS MUNDY . I live at Vassall Road, Brixton, and was a clerk to Mr. George Reddish, veterinary surgeon, of Stockwell Road—I have known the prisoner about five months—on April 15th I met the prisoner
at the Russell Hotel, Brixton, in the saloon bar—he asked me if I would change a ₤5 note for him—I got it changed by Mr. Reddish the next day, and at 6.30 p.m. in the Russell Hotel I handed half to prisoner, keeping half myself, which he told me to do—I then left him, and he went into the billiard-room and played at billiards—I have since been dismissed by Mr. Reddish—I did not go to the Grosvenor Arms that night.
Cross-examined. I do not know why I was dismissed by Mr. Reddish—he paid me a week's wages in lieu of notice—I do not know anything about a bet which the prisoner won, neither did I share it with him.
GEORGE REDDISH . I am a veterinary surgeon, of 103, Stockwell Road—Mundy was my clerk—on or about April 16th he asked me to change a ₤5 note, which I did, and paid it into my account at the London and South-Western Bank, North Brixton, on April 20th.
ERNEST PETTMAN . I am a clerk at the London and South-Western Bank, North Brixton—Mr. Reddish keeps an account there—on April 20th he made a payment into his account, which included the ₤5 note, No. 54711, dated December 22nd, 1900.
HENRY TIMMS . I am barman to Mr. Park, the landlord of the Grosvenor Arms, Stockwell—I have known the prisoner about two years as a customer—on April 16th, between 8 and 9 p.m., he came into the bar with his wife and asked me to change a ₤5 note, which I did, and he gave me 10s. for my trouble—this is the note before me, with Mr. Park's signature.
Cross-examined. I am positive the prisoner gave me the note and half-sovereign—he has been in the bar almost nightly since I have known him.
GEORGE ROBERT PARK . I keep the Grosvenor Arms, Sidney Street, Stockwell—the last witness is my barman—on April 16th he asked me to change this ₤5 note, No. 54786, for a customer—I put my name on it, and sent him across the road to the baker's, as I had not the change.
HENRY COX (Detective Inspector, City). On March 2nd I went to the Metropolitan Bank, and saw Mr. Menzies and Philips, and after making inquiries for nearly eight weeks I arrested the prisoner—these two notes (Produced) have come in within a radius of a quarter of a mile from the prisoner's house.
Cross-examined. Eleven notes altogether have come into the Bank of England, the last only yesterday, from Paris—we have only traced these two to the prisoner.
The prisoner, in his defence, on oath, stated that he had no knowledge whatever of the theft of the notes; he had gone down to the lavatory before the letters were put into the bag, and when he returned Phillips had taken them to the post; that he was in the Russell Hotel on Monday, the 15th, about 7.50, where he met Mundy, and a strange man came in and offered to play a game of billiards for a bet of ten half-sovereigns to one; he and Mundy went halves in the bet, which he won, and he received a ₤5 note in payment, which he handed to Mundy to change; that on the following evening at 6.30 he met Mundy, and they went to the Grosvenor Arms together, where they had three drinks; and that Timms had made a mistake in his identification.
GUILTY .— Five years' penal servitude.
MR. CLARKE Prosecuted.
HARDMAN JAMES SLADE . I live at 36, Walshingham Road, Clapton—on April 24th I advertised a bicycle for sale—I missed it on May 2nd, and saw it next on the 4th at the Talbot Arms, Mortimer Road, Kingsland.
EDITH ALICE SLADE . The last witness is my husband—the prisoner called at our house on April 30th, and said he wanted to buy a bicycle—it was not at home then, and I told him to call again—he came again on May 2nd, and asked for the bicycle and the maker's receipt, which I gave him, and he then rode off, and did not return.
GEORGE EDMANS . I am a bicycle maker, of 30, Darby Road, Kingsland—on May 2nd the prisoner brought a bicycle to me, and asked me to buy it—he said it was his, and produced the receipt—(This was from Henry Johnson to H. J. Slade, Clapton, N.E., for an Imperial Rover bicycle, ₤23.)—I gave him ₤3 10s. for it.
The prisoner's statement before the Magistrate: "I am not guilty of stealing, but guilty of procuring."
GUILTY .—He then PLEADED GUILTY to a conviction of felony at this Court on July 24th, 1899, in the name of Paul Barr.— Eighteen months' hard labour.
THIRD COURT.—Wednesday, May 15th, 1901.
Before Mr. Common Serjeant.
390. WILLIAM BEARD (21) PLEADED GUILTY to breaking into the dwelling-house of Charles Clarke, and stealing a watch and chain, his property, and to a conviction of felony at the South London Sessions on September 6th, 1898. Five other convictions were proved against him, and it was stated that he belonged to a gang of thieves.— Four years' penal servitude. And
NOT GUILTY .
540 GREEN, Mayor
MR. O'CONNOR Prosecuted, MR. DRAKE appeared for Harrison, and
MR. PURCELL for Bolton.
GEORGE CORNFIELD . I am a sawyer, of 23, Gainsborough Cottages, Hackney Wick—on Easter Monday, April 8th, I was outside the Ship Aground public-house, Lea Bridge Road—I saw a man named Palmer assaulted, and fall to the ground—Winn had been dancing a baby in his arms, which he handed to someone, and went to pick Palmer up, then a lot of men closed round him and started setting about him—some had sticks and some pewter quart pots—I saw blood streaming down Winn's face—they struck him on the head—I next saw Mrs. Winn lying unconscious on the ground—Winn was sober.
Cross-examined by MR. DRAKE. I said at the Police-court that I could not say that Harrison was there.
Cross-examined by Millard. Winn gave the baby to his sister, I heard—there was a good crowd; it is a very busy place in holiday time.
Cross-examined by MR. PURCELL. I was being weighed outside the Ship Aground; it was between 4.30 and 5—another public-house was opposite, and both houses were doing a roaring trade—one public-house is named Day, and the other the British Oak—between 20 and 30 people were round Winn—I was 40 or 60 yards off—I never saw Bolton before, to my knowledge—I went to the infirmary—I saw Bolton arrested—I recognised him the next morning, but could not be sure about him; he was with a lot of others—the scrimmage went on for 10 minutes or a quarter of an hour—I observed Bolton not many minutes; I saw him with a walking-stick—the crowd were not fighting one another, they were striking Winn.
DANIEL WINN . I am a navvy, of 13, Sedgwick Street, Homerton—I was outside the Ship Aground on Easter Monday afternoon—I saw Millard, Bolton, and Harrison standing over Palmer, who was lying on the ground—Millard was holding a pot, ready to strike him—I walked away, but Lewis struck at me with a stick and said, "Now, chaps, or chapsies, this is your time to get to work"—I was knocked to the ground with a stick by Lewis—when I was coming to myself I heard someone say, "Shoot, Cookey, shoot"—Millard is called Cookey—they collected round me—I received a blow on the temple, which knocked me unconscious—on coming to I found my missis lying at my feet covered with blood and a quart pot by her side—my finger was smashed; there was a cut to the bone—I had had no quarrel with any of them.
Cross-examined by Lewis. You had a bamboo cane—this was not a riot.
Cross-examined by MR. DRAKE. I have been a carman—I had had two ales and a stout and mild at that house—that was about the second drink I had had that day—a man was playing a banjo, and I waltzed round with my child—I have seen Harrison driving a rubbish cart in the Broadway—I do not know who struck me, only I saw Lewis with a stick—I have said, "Harrison stood by the side of Millard"; that was when they were standing over Palmer.
Cross-examined by Millard. I was a carman at Fortescue's—you never worked with me—I was knocked down about 50 yards from the Ship Aground—I know Palmer—I do not belong to a gang of boys—I have never been convicted.
Cross-examined by MR. PURCELL. There is a Priory—I do not know the Priory boys or any gang of boys—there were about two dozen or 36 in the crowd—I am certain Bolton was near Palmer before I was struck.
ARTHUR HULL . I am a fitter, of 32, Doddington Road, Homerton—on Easter Monday afternoon, April 8th, I was near the British Oak public-house—I saw about 23 men, including Bolton and Millard, round the prosecutor—I saw Millard pick up a quart pot about the time Winn was knocked down by somebody—Bolton picked up stones—the woman pushed the men aside to go to her husband's assistance—before she appeared they knocked her husband about—he fell headlong in the road, and about a dozen jumped on him and hit him with large sticks—I left my wife and said, "Leave the man alone; they will kill him"—I heard two pistol shots—the men knocked the wife down, and did the same as with her husband—she screamed—they dispersed, and some passed me and went up the Lea Bridge Road in twos and threes and fours.
Cross-examined by Millard. Winn was knocked down by a stick, but I cannot say by whom—you had a quart pot, and was striking at him, with the sharp edge downwards, unmercifully—I said, "You will kill him"—my wife was on the pavement—the crowd was not so great in that spot—you must have watched your opportunity—there was music nearer the public-houses; this was between them—there were about 20 people, but that was nothing in comparison with where the music was playing—you struck the prosecutor with the pot before his wife came up—I saw it going up and down—I said so at the Police-court—you put your nose in my face on the pavement, so I know you—you were in the middle of the road—I did not see Winn holding a man by his tie, nor a young man pulling him away—you had a lighter coat on—I described you as having a reddish coat.
Cross-examined by MR. PURCELL. There were bands and street organs, but no roundabouts—it was like a fair—the prosecutor must have been on the ground before Bolton reached him—when I saw Bolton I was about 10 yards off—I never saw any of them before—I am sure I saw Millard and Bolton.
PHŒBE WINN . I am the wife of Daniel Winn, of 13, Sedgwick Street, Homerton—on April 8th, Easter Monday, I was in Lea Bridge Road about 4 p.m., inside a public-house, with my sister-in-law, and my husband had my baby outside—he brought it to me, as he wanted to go round the corner, but he did not come back—I went outside with my baby, and saw my husband's coat, and my husband and four men flat on the ground—I put my baby in the arms of a woman standing at the door, and rushed to my husband—I said, "Don't hurt him," and tried to protect his head, for they were kicking him and beating him with sticks—I stood over his head, and tried to cover it with my skirt—then I heard the report of a pistol—I saw a crowd rushing from the British Oak—I saw one man with his arm in the air, and a pot in it.
Cross-examined by Millard. I said before the Magistrate, "I saw a lot of fellows rush from the British Oak with pots and sticks in their hands"—I did not have time to look at the fellows; I was looking after my husband's head, and someone struck me with a pot; Bolton, I think—I do not remember any more till I was in the infirmary in bed, and my
head cut—smoke came from Harrison—I saw his handkerchief, neck, and chin—I had only been there a few minutes, and I do not remember the pain or the blow, or anything.
JAMES MARRIOTT (513 N). About 5 p.m. on April 9th I was on duty in Lea Bridge Road—I heard a police whistle—I saw a crowd near the British Oak, Ship Aground, and Prince of Wales public-houses, which are from 50 to 60 yards apart—there are two more public-houses about 80 yards further—they are all within 200 yards—the crowd was between the British Oak and the Ship Aground—I saw Daniel Winn and Phoebe Winn standing in the crowd, bleeding from wounds in the head—a quart pewter pot was lying on the ground, with blood on the side and on the bottom rim, but while attending to the injured people I was unable to get possession of it—I took the Winns to the Hackney Infirmary, and they were attended to by a doctor about 40 minutes after arriving.
JOHN BASSICK (40 JR). About 5 p.m. on April 8th I saw 15 or 16 men, including the prisoners, in Lea Bridge Road—Lewis was in front—he had a part of a broken rail in his hand—they were scattered about the road—Millard had a low hat on—Bolton had a stick in his hand.
Cross-examined by Lewis. I am quite sure it was not a bamboo cane you had.
Cross-examined by Millard. You had no child in your arms.
THOMAS GOY (48 JR). I was with Bassick, and saw the prisoners—Lewis was carrying a stick—Harrison and Millard turned towards Clapton—Millard had no cap on—I said, "What, have you been putting someone through it down the road?"
Cross-examined by Millard. You were not carrying a child.
WILLIAM CRAYFORD (238 J). A little after 6 p.m. I was in London Fields—I saw the prisoners, with 12 or 14 others, walking in twos and threes, arm-in-arm, and singing slightly—they went as far as Smith's coffee-shop, in the Broadway, and I lost sight of them for about a quarter of an hour—shortly after that I saw Millard putting on a black jacket and a long black overcoat—he handed his brown coat to Harrison, who changed it for his own; then all the remainder of the men seemed to be changing coats.
Cross-examined by MR. DRAKE. I have been in the neighbourhood five years—I was about 20 yards off—I saw no ladies in the party.
Cross-examined by Millard. I saw a man named Nigh, but I cannot say who gave you the black jacket.
Cross-examined by MR. PURCELL. London Fields is about two miles from the Ship Aground—I was in uniform—I have seen men and women wearing paper and changing bats and caps, but nothing like this before—the changing seemed serious, and there was no playing about.
JOHN ROSENTRETER (Detective, J). On April 9th I went to Smith's coffee-house, Broadway, London Fields, about 12.30—I told Lewis I should take him into custody for being concerned with others in wounding two men and a woman at Lea Bridge Road on Bank Holiday—he said, "They put Denny Winn through it; I was there, but I did not hit him; he asked for it; if there is anything done it is always put on to me"—he was taken to the station and identified by Winn from a number of others—when the charge was read over to him he said, "Palmer does not say
that I hit him"—he was charged with being concerned with others in wounding Winn, Mrs Winn, and Palmer—on April 10th, about 6 p.m. I saw Millard at the Police-station—I told him he would be placed amongst others for identification for being concerned, with Lewis, in custody, and others not in custody, in wounding two men and a woman in Lea Bridge Road on the previous Monday—he said, "I can prove an alibi; that is easily done"—when the charge was read over he made no reply—he was identified by Winn and Hull.
Cross-examined by Millard. You were in the charge room—I did not ask you to go in the cells.
GEORGE COLE (Detective, J) On April 10th I told Harrison I should take him into custody for being concerned with Lewis, Bolton, and Millard in wounding two men and a woman in the Lea Bridge Road on Bank Holiday—he said, "You have made a mistake; I do not know anything about it"—he was taken to the station, and identified by Winn from 10 other men—when the charge was read over to him he said, "What time did you say it was?"—he was told that the time could not be fixed accurately, but it was somewhere between 4 and 5 o'clock—on April 15th, about 11 a.m., I arrested Bolton at his house—I told him the charge—he said, "I was not with them; I took no part in it"—I mentioned the time and day—on the way to the station he said, "If I do not go with them they set about me"—he was charged and identified by Winn from about nine others.
JOHN WILLIAM OLIVER . I am a registered practitioner, and assistant medical officer at the Hackney Infirmary—I examined Daniel Winn there about 5.30 on Easter Monday—he had a scalp wound on the left side of his head, an incised wound on his left temple, and a straight transverse cut on the first finger of his left hand—they could be produced by some sharp instrument.
Cross-examined by Millard. The wife was under my care three weeks—the wound on the temple might have been produced by the same instrument as that which produced the wound on the wife—it could have been done by the sharp end of a quart pot, but more likely with a stick, not by a diamond-shaped railing, the out was too severe—it was a straight, clear cut, 2in. long, and evidently made with great force—Palmer's was a slighter wound, and the nurse dressed it.
Lewis, in his defence, said that he was at the top of Lea Bridge Road at the time, and knew nothing about it. Harrison, in his defence, on oath, said that he heard a whistle, and went to see what it was about.
Evidence for Harrison.
LILIAN IRONS . My name is Caroline McAlpine—I am called Lilian Irons—on Easter Monday I met Harrison in the afternoon in Lea Bridge Road, and was with him till 8 p.m.—I was with him before five; he and his brother asked me to have a drink at the public-house at the foot of the bridge—as we were having a drink I heard a woman scream, and ran out to see what was the matter—I saw Winn, four other fellows, and another little fellow on the floor; Winn had a stick in his hand—I said, "Let the fellow alone, you will kill him," and took the stick from Winn—Harrison was not there—he took no part in the row—after the row I saw Harrison at the end of
Lea Bridge Road, Clapton—I went back to the public-house—I had the stick in my hand when I met Harrison—the stick was what is used as a donkey barrow whip—I got it from Winn's hand—during the time I was with Harrison he was not with either of the other three prisoners—I never saw him change his coat.
Cross-examined. I got a clear view of the men's faces who attacked Winn—I left Harrison in the Hackney Road, and went home—it is about an hour's walk from where I met Harrison to the public-house.
JAMES HARRISON . The prisoner Harrison is my brother—I was with him and Edward Golden on Bank Holiday—I whistled to my brother, and he came to me, and we went to the Ship Aground and had a drink, four of us—almost as soon as we got there I heard a policeman's whistle, and screaming, halloaing, and shouting—you could see the crowd from the window—the bar was very crowded—my brother could not have taken part in the row, because he was with me—he remained with me about half an hour—Irons left us almost as soon as the row started.
Cross-examined. I am a shipworker—I am not at present in work—I was in work last Monday week—the row was going on for about a quarter of an hour—I left my brother outside, and he went home.
EDWARD GOLDEN . I was out pleasure making on Easter Monday, and saw Harrison in the afternoon, and his brother James and we afterwards met the young woman Irons—while we were having a drink in a public-house at the foot of the bridge I heard halloaing and shouting, and a policeman's whistle blowing—the young woman went out from curiosity, I suppose—we stopped in the public-house while the row was on—Harrison did not leave us—the young woman did not come back—Harrison took no part in the row, if he had we should have seen him—I took no part in the row—we remained half an hour after it was over—there was a big crowd there.
Cross-examined. I commenced pleasure making about 12 in the day—I met Harrison and his brother about 4 o'clock—I was sober.
HARRISON— NOT GUILTY . LEWIS, MILLARD, and BOLTON— GUILTY . MILLARD then PLEADED GUILTY to a conviction of felony at the North London Police-court on October 24th, 1899. Four other convictions were proved against him.— Three years' penal servitude. BOLTON then PLEADED GUILTY to a conviction at Worship Street Police-court on October 12th, 1900, in the name of John Everett. Three other convictions were proved against him.— Nine months' hard labour. Six convictions of assault were proved against LEWIS.— Twelve months hard labour.
MR. O'CONNOR offered no evidence.
NOT GUILTY .
MR. PIGGOTT Prosecuted.
April 17th, about 6.15 p.m., I was in St. Martin's Lane, walking towards Charing Cross; a man struck me, snatched my watch and chain, and ran up a court—I followed him, and found it led into another court, and came back to St. Martin's Lane, shouted, "Police!" and went to Bow Street and gave a description—the following Monday, April 22nd, a constable fetched me to Bow Street, where I recognised the prisoner's face and the back of his neck from eight or nine men.
GEORGE WATERS (Policeman, E). On April 17th, shortly before 7 p.m., I was in Bow Street Police-station, when the prosecutor reported his loss—I arrested the prisoner from the description then given to me about 11.45 on April 22nd—I told him I should arrest him, as he answered the description given of a man wanted for stealing a chain about 6.20 p.m. on April 17th, and that I should take him to Bow Street—he said, "If I had stopped up the b—court you would not have found me"—at the station I placed eight other men, similarly dressed, and about the same age, with him, and the inspector asked him if he was satisfied as to how they were placed; he said, "Yes"—the prosecutor asked to see his back, and then touched him and said, "I am more than positive this is the man who stole my chain"—when charged, after trying to get into conversation with the prosecutor, he said, "I am an innocent man; I must have been very drank if I did it"—Wootton Street, which is near Waterloo Station, is about 10 minutes' ride or 20 minutes' walk from St. Martin's Lane.
Evidence for the Defence.
MARY ANN HOLTOM . I live at 2, Wootton Street, at the corner of the Waterloo Road, Lambeth—I saw the prisoner the day he came out of prison—his wife took a room of me last November—on April 17th, about 3 p.m., his wife asked me to have a drink with her, and we went to Foot's, in Cornwall Road, and had a drink, and her husband, the prisoner, was there talking to Mrs. Baines—he left us about 3.30, and went towards home with his wife, and I went home—about 5.30 I passed their door, and saw him sitting by the fire with his little girl, and as I went up and downstairs about seven or 7.30 I heard him speaking as I went to get oil—his wife asked me to lend him a newspaper, but I had only an old one to lend him.
Cross-examined. I am married—my husband works for W. H. Smith & Son, in the Strand.
ELIZABETH AYLETT . I live at 26, Wootton Street, Cornwall Road, Lambeth—my husband is a labourerworking for the parish—on April 17 th, about 3.30 or 3.40 p.m., Nicholls and his wife asked me to have a drink—I next saw Nicholls about 4.45 at his door, No. 2, Wootton Street, when his little girl called him in to tea, as be bad to go out and get work.
ELIZABETH NICHOLLS . I am the prisoner's wife—we live at 2, Wootton Street, Lambeth—my husband came out of prison at 9 a.m. on April 17th, after six months, and never left my company all day—in the afternoon we had a couple of drinks in the Cornwall Road, and walked up and down by the shops, but no further off—he never was out of my company till six the next morning—he was upstairs with me from 5.30, and never moved out all the evening till he went to bed—I got him a paper from the landlady to read.
Cross-examined. Mrs. Spencer, of Cornwall Road, came to visit us about 6 p.m., when my husband was having his tea, and the little girl was there; nobody else—Mrs. Spencer would not come to the Police-court; I told her of my husband's serious position.
The prisoner, in his defence, staled that he knew nothing of the robbery.
NOT GUILTY .
MR. ROBINSON Prosecuted.
ALICE CHURLEY . I live at 2, Little Randolph Street, Camden Town—the prisoner is my sister—I was sleeping with her on the night of April 20th—I was awoke early the next morning by her hitting me on the head with a chopper—I found her leaning over me with this chopper—I struggled to get it from her, and held her by the throat till I overpowered her—she had struck me on my head and over my right eye—I ran downstairs for the police—we were on good terms—we had had no quarrel—I was attended by a doctor at my house, and afterwards at the Temperance Hospital—I have recovered—we went upstairs together—we were sober; we seldom drink anything—she did not seem strange when we went to bed—the chopper was kept in the cellar—I cannot say where it was before we went to bed.
ERNEST TWIGG (383 Y). About 3.30 a.m. on April 30th I was on duty in College Street—I was called to No. 2, Little Randolph Street—the prosecutrix was standing at the door, bleeding very much from her head—I went upstairs and found the prisoner lying across the bed, unconscious—I sent for a doctor, who saw her; he also dressed the prosecutrix's wounds, and ordered her removal to the Temperance Hospital—it was a top room—it was in confusion—there was a lot of blood about, and this chopper was lying by the side of the bed—I took the prisoner into custody—she made no reply to the charge.
MALCOLM WHEELER . I am a medical practitioner in Great College Street—about 3.30 a.m. on April 30th I was summoned by Twig—I went to 2, Little Randolph Street, and found the prisoner and the prosecutrix—the prosecutrix was in a semi-fainting condition, suffering from loss of blood—she had several wounds on the scalp, and one over one eye.; a small portion of the top of one ear was cut off; there was a great deal of contusion over the eye, extending over the orbit, and there were slight lacerations on two of her fingers—the injuries might have been caused by this chopper—great force must have been used with regard to the majority of them by the back end of the chopper—there was a great deal of blood on the clothing of both women and on the floor—I attended to the prisoner first—I found her unconscious, and lying across the bed, with very feeble pulse, and covered with blood over her chest and face, but I discovered no wound from which it could have come—there were marks of pressure on her throat, and some slight scratches—she lay with her eyes closed, making no movement—she recovered consciousness about 10 minutes after I got there—I directed the prosecutrix to be removed to the Temperance Hospital—one wound might have been dangerous it severed a superficial artery, which caused
great loss of blood—the prisoner showed no signs of insanity, nor of drunkenness—when conscious a little time she asked where she was, what had occurred, and why the police were in the room—till cold water was applied she lay on her back and made no movement—there was nothing to indicate aberration of mind.
CHARLES MELVILLE YOUNG . I was house surgeon at the Temperance Hospital, Hampstead Road, on April 30th—I examined the prosecutrix about four hours after her admission—I have heard what has been said with regard to her injuries, and agree with it—her progress to recovery has been uninterrupted from the first—one wound at the back of her head extended to the bone—there were seven on the scalp.
Prisoner's defence: I had no cause or wish to hurt or injure my sister; I cannot remember doing it.
DR. JAMES SCOTT . I have had the prisoner under my care and observation at Holloway since April 30th—I have inquired into the circumstances—she has been depressed and excitable—she is of weak and unevenly balanced mind—the information I have obtained leads me to believe she is subject to a mild form of epileptic attacks—I should not hold her fully responsible—there is no evidence of her being addicted to drink—she is impulsive and excitable—her mental conditions would change quickly under good care and nursing.
NOT GUILTY .
OLD COURT.—Thursday, May 16th, 1901.
Before Mr. Justice Channell.
397. ARTHUR CRAWSHAY BAILEY (40) and HENRY DE STEDINGK (45) , Unlawfully conspiring with other persons to obtain certain valuable securities from shareholders in the Mackenzie Mines, the Western Development Corporation, and the Coolgardie Mines. Other Counts, for obtaining ₤43 13s. and ₤25 5s. 6d. and other sums, by false pretences. Other Counts, for mutilating and destroying certain books belonging to the said companies.
MR. BANKES and MR. FULTON appeared for Bailey, and MR. HUME WILLIAMS, K.C., and MR. DRAKE for Stedingk.
At the commencement of the case Bailey stated in the hearing of the JURY that he was guilty of conspiracy and false pretences, and Stedingk that he was guilty of aiding and abetting him in making a false prospectus, upon which the JURY returned a verdict to that effect.
The Prosecution said they would not dispute that Bailey had borne a good character till 1894. BAILEY— Five years' penal servitude; STEDINGK— Eighteen months' hard labour.
NEW COURT.—Thursday, May 16th, 1901.
Before Mr. Recorder.
MR. CRANSTOUN Prosecuted, and MR. ROUTH Defended.
RAYMOND ASH MATTHEWS . I am manager of the Islington branch of the Capital and Counties Bank—early in January the prisoner called and said that he had come into the neighbourhood, and had taken a public-house, and that he had property at Brighton—I did not know him at all—his brother-in-law, Mr. Medcalfe, the manager of a public-house, has been a customer of ours for 14 years, and that was the reference he gave—he said his property at Brighton, four freehold houses, was mortgaged for ₤900, and he wished the bank to advance ₤900 to pay off the mortgage, and that when he took the public-house he might need a small temporary advance—the name of the public-house was the Rodney—I said that the matter would be looked into if there was a margin on the house—he was going to transfer the mortgage to the bank—nothing has come of it—on February 18th he called again and said, "I have sold the Rodney at a profit of ₤500 without going in, which sum I shall pay into the bank to my credit"—I believed that statement and allowed him to take a cheque-book of 12 cheques—this is it (Produced)—on the following day I cashed this cheque for him for ₤5, which came out of the book—on February 25th I cashed this cheque for ₤15 across the counter; that came out of the book—a day or two afterwards he came again and said he had been obliged to take the purchase money in bills, and on March 9th he brought me these bills (Produced), amounting to ₤350, which he said was part of the purchase money; they are three, six, nine, and twelve months' bills; they purported to be accepted by "C. Greenfield"—he told me that that was Charles Greenfield, late of Montague Street, Brighton, butcher, but now living at Penge, who had property at Worthing, and he said, "I consider he is as good as the Bank of England"—the bills were in the form of promissory notes when he brought them, "I promise to pay," but they have been altered—the acceptances were on them then—I wanted that alteration, and on March 11th they were returned to me with this letter: "Dear Sir,—I enclose the bills, I find I made a mistake as regards Mr. Greenfield; he does not live at Worthing, but his property is at Worthing. I will call one day this week and give you a satisfactory reference. W. Young"—I accepted the amended bills as securities, and agreed that he might overdraw ₤20 or ₤30—on March 9th I cashed this cheque for him for ₤5—on March 12th this cheque on Parr's Bank for ₤20 was presented, and I gave him credit for it, and he tendered me this cheque, for which I paid him ₤3—that made ₤30 upon five cheques—four cheques are left in the book, two were returned unpaid—after that date I refused to pay him any more money.
Cross-examined. He came into the bank and represented himself to a be a customer of ours—that was true—he said on the first occasion he had four freehold houses at Brighton, and asked whether we would advance money on them, that was true, and that they were subject to a mortgage of ₤900; that was true, but there were two more mortgages—there is a branch of our bank at Kemp Town—I asked our manager there investigate the property, and he valued it at ₤1,370—our solicitors, Bone and Heppell, were acting for us—I do not know that they also acted for the prisoner—at the first interview I think the prisoner said that he was purchasing the Rodney's Head—he did not suggest that he had purchased it—he did not tell me that it had been offered to him by a
broker named Rolfe, of Great Russell Street, for ₤9,000, or that he would not give it, and offered ₤8,900—the question of price was not gone into at all—I took no note of what took place, but I made certain notes at the time to give to the manager—I had no personal authority to let him open an account, and obtain an overdraft—that is why I took down the particulars—he mentioned the Bell in February, but he did not say anything about the negotiations for the Rodney's Head being off: he said he had sold it at a profit—he asked me to inspect and view the Bell—I said if the title was shown to be good the bank might, as a temporary matter, lend him ₤200 when he went into the Bell, as a temporary overdraft for the "change"—I cannot say the date when he said he had sold the Rodney for ₤500, and was negotiating for the Bell—we could not arrive at the value of the property, because the mortgagees had been in possession seven years—we never got to the bottom of it—I have never seen the statement—I really mean to say that I gave him the cheque-book on April 18th on his own representation—it was not given in the solicitor's office, that he might draw a cheque for ₤200 as the deposit on the Bell—I did not inquire of the brother-in-law—I called at the Rodney's Head after he had negotiated the bills after March 11th—I let him have the cheque book without any document, and upon his ipse dixit only—we knew he had property at Brighton, and that it was valued at ₤1,300—we did not know there were three mortgages upon it—we saw him on several occasions about the Brighton property—I do not know that I mentioned on February 18th that we had a difficulty in seeing the deeds—I thought there was no fraud whatever as to the property—the Rodney's Head is about 450 yards from the bank, but I made no inquiries about the sale—I was present when Mr. Hepple was examined at the Police-court—I cannot recollect exactly what he said, but it was that at the end of February the defendant told him he had purchased the Rodney's Head and sold it again, and "expected" to receive a profit—he said to me that he had, in fact, realised ₤500 on it—I mean to represent that Young said that the bills were accepted by Charles Greenfield—I wrote on March 12th to inquire who the acceptor was, and found that there had been a Mr. Charles Greenfield 20 years before—he had property at Worthing—these bills were accepted at Fortice Road, Paddington Green—I asked him for an explanation, and he said he should have put Greenfield's address, but he often stopped at his brother's, and so gave his address; but I wrote to Worthing because the property was said to be at Worthing—he afterwards said that they were accepted by Charles Greenfield in his presence—I do not suggest that he asked me to discount the bills—I swore an information on April 13th, and on April 17th I wrote to the prisoner, and said, "I shall be glad if you will meet me at Mr. Hepple's"—that was done at the suggestion of the police, in order that he might be arrested—I should have been satisfied if he had paid the money at any time at the commencement of the criminal proceedings—I named no time; I asked him to name a time.
By the COURT. I am merely manager, the matter was not in my hands—I had no authority to discontinue proceedings or to commence them—nobody was present at the interview at the bank but the prisoner and myself.
Re-examined. On March 27th I was trying to get the money repaid, and if I had there would have been an end of the matter—I reported to the directors, and left it in their hands—the property has been sold, and I have ascertained that the prisoner got ₤30 out of it, after all the incumbrances had been settled—I had been informed that he had got a profit of ₤500 on one transaction before he mentioned the other.
HENRY JOHN ARIS . I keep the Rodney's Head, Rodney Street, Pentonville—I bought the house on January 20th this year from the Lion Brewery Company, Belvedere Road—there had been a receiver there for seven months—I took possession on February 20th—I had no dealings with the prisoner with regard to it—I did not buy it from him, but I saw him there as a customer on the night of February 20th, the night of the "change"—we had no transaction with regard to the house—I never paid him ₤500.
Cross-examined. I purchased on January 23rd—I do not know Rolfe, a public-house broker—I have not heard that the house was in the market for some time.
CHARLES GREENFIELD . I am a painter and decorator, of 64, Noyna Road Tooting, and am a son of Charles Greenfield, of Worthing, who died between 10 and 15 years ago, I do not exactly know—I continued the business—I do not know of any Charles Greenfield, a butcher, there—these signatures, "C. Greenfield," are not in my writing—I did not authorise them—I have a sister named Clara—I have not seen her writing for a long time—the prisoner used to visit at my mother's house at Worthing years ago, and I saw him at Worthing about 14 years ago—my mother died about that time, and Clara Greenfield was there—my mother left a little property at Worthing, which will be divided, it is not settled yet—I have got ₤60—there are nine of us in family—I shall get some more.
Cross-examined. Her share will be over ₤100.
JAMES WHITE . I am manager of the Capital and Counties Bank, Worthing branch—on May 29th, 1900, the prisoner came with a woman whom he represented to be his wife, and opened an account in the name of Clara Young by paying in a cheque for ₤100—I have got the signature of Clara Young; I saw her write it—the entry in the book is partly made by her and partly by George Young—they each signed the book—my opinion is that the "C. Greenfield" on these four acceptances is in the same writing—the account was last in credit on July 3rd, when there was 17s. 6d. early in the day, and during the day a cheque for ₤5 was cashed; it was then overdrawn ₤4 2s. 6d.—other cheques came in which we honoured, and the overdraft is now ₤22 14s:, and has been so ever since July 17th—nothing has been paid in since, and it was never refreshed by any payment in.
Cross-examined. I go by the general character of the writing—I have been a bank manager 28 years—I have often made mistakes—I can only say that this seems to be the same writing; I only speak to the general character—I observe that there is a very long upstroke to the "C" in the book; the only difference in the "C" on the bills is that it curls a little—it is a very bold upstroke in the book, and a very much thicker pen has been used in the book; the difference is in the pen—the signature
on the bill is not in a weak, trembling hand—in my opinion, I do not think anybody can write two things in the same way—the four bills are not as similar as if they were photographed—I find the loop in one is blotted, and in three the loop is not blotted; the pen was not thicker, but the ink was—I have not pinned my faith on one letter; I judge by the general character—I never knew two signatures alike—I deal with the generality.
JAMES HEPPLE . I am a solicitor, of Frederick Place, Old Jewry—I was instructed to investigate the title to some property at Brighton which the prisoner said belonged to him and his wife—I saw him at the end of February or the beginning of March—he said he had purchased the Rodneys Head—I cannot say definitely whether he mentioned the figure, but he said that he expected to get the amount in cash, but subsequently he said that he should have to take bills for the amount—after the bills had been lodged at the hank I spoke to him about them—he produced a bill-head of a butcher with "15, Montague Street, Worthing," on it—there were a few lines on it to the effect that certain bills would be met at the end of the mouth—he said he would not have taken them if the amount had been guaranteed, and referred to some gentleman of position in the City.
By the COURT. He produced the bill-head with regard to the bills as to the acceptor—the name of Greenfield was printed on the bill-head, and he told me they were accepted by a man who lived at Penge—I asked him that question particularly—I had received some information before—I did not personally investigate the title to the Brighton property.
Cross-examined. I was introduced to this matter at the end of January, and he called on me in February—I am quite sure that he said then that he had purchased the Rodney's Head, not that he was going to purchase it—I have had hundreds of negotiations passing through my hands since—at all events he said he expected to derive a profit, and I believe he said at the end of February or the beginning of March that he had sold the house again; that was after February 18th—I received several letters on the Brighton property from my agent.
By the COURT. I heard about the real condition of the property very much later—there was a third mortgage—I never did advise them to advance money—that was a long time after February 18th—I have not got my letter-book here, but I wrote on March 7th.
JAMES SMITH (Detective-Sergeant, N). On April 14th I received a warrant for the prisoner's, apprehension on a charge of fraud—I made inquiries, but was not able to execute it until the 20th, when I saw the prisoner at Fortice Road, Paddington—I said, "You are George Young"—he said, "Yes"—I said, "I am a police officer, and hold a warrant for your arrest for obtaining ₤30 from the Capital and Counties Bank by false pretences"—he said, "I have not obtained it by false pretences; I have had my property at Brighton sold, and the bank will be paid on Tuesday next"—he was charged at the station, and he made no reply—I found on him three cheques and two letters.
By the COURT. I received information of his address, and went there, but could not find him, and I gave directions that this letter should be written,
The prisoner, in his defence, on oath, stated that he was trying to purchase the Rodney's Head, and being hard up for money, asked the bank to make him an advance on his Brighton property, and mentioned his brother-in-law, Mr. Medcaffe; that the purchase fell through, as Mr. Harris offered about ₤200 more than he had done; that he was then in treaty for the Bell, and wanted ₤300 or ₤400; that the bank gave him credit, but that Mr. Matthews' statement about the bills was all untrue, not that it was false, but it was all imagination; that he told Mr. Matthews that the bills were signed by the daughter of Charles Greenfield, of Worthing, and gave them to him at his request as security for the overdraft, on the understanding that they were not to be parted with; that they were accepted by Clara Greenfield, the lady who open id the account in the name of Clara Young in his presence, but that he forgot whether he represented her as his wife. He admitted that he was convicted on January 4th, 1896, of obtaining money from the West London Dairy Company, his masters.
GUILTY .— Twelve months' hard labour.
MR. LATHAM Prosecuted, and MR. DRAKE appeared for Morris.
WILLIAM NEWALL (City Detective). On April 27th, at 11.15 a.m., I was on duty with Detective Bareham in Aldgate Street, and saw the prisoners together—Morris had a newspaper in his hand, and they were both looking at it going along—I watched them for five minutes or more—I saw Mrs. Gellatly at the corner of Houndsditch and Aldgate talking to another lady, with a basket in one hand and a bag in the other, and some flowers—White went between them, and as he passed he opened the handbag and put his hand in, but did not succeed in taking anything—Morris then tried, but he was not successful—he spoke to her and then went back, and then went towards her and moved away, and I saw that her purse was gone—Bareham arrested Morris—White turned round and gave a spring; I opened my arms, and he jumped into them and threw the purse from his right hand under a van, and I saw the money fall out, and some keys—I told him I should arrest him—he made no reply—when I told the inspector the charge White said, "I was by myself"—Morris went away very quickly into the carriage-way—they both gave correct addresses; they live about five minutes' walk from each other, one in Whitechapel and one in Commercial Road—I found 2s. 3d. on Morris and nothing on White.
Cross-examined. I suppose it was instinct that drew my attention to them—I have had a little bit of training, having been five years a detective—a good few people were standing together—I was about 3 yards from them when Morris put his hand into the lady's bag—I do not know what prevented his taking the purse then unless he could not reach it—I have no doubt he spoke to the lady—I heard her say she did not remember it—she recognised White—I cannot say if she said, "This is not the man; it was the little one"—I went to Morris's house—the door was opened by a child—I asked her if her name was Morris, and she said,
"Yes"—I asked her if her father was at home—she said, "No"—I think Morris lives there.
Re-examined. They were together when I first saw them—they may have been together the whole morning—several persons were speaking to Mrs. Gellatly.
EMMA GELLATLY I am a widow, and live at Cambridge—on April 27th I was in Aldgate—a strange lady spoke to me—I had a bag in my left hand and a parcel of flowers in my right—the detective spoke to me—I found my bag open—my purse had been at the top of my bag—I missed it—it contained about ₤1 in silver.
Cross-examined. This is it—I had this cloak on—the first time I saw Morris was when he was in custody.
FREDERICK BAREHAM (City Detective). I was with Newall, and saw the prisoners together—they walked nearly through the Minories and then crossed to Houndsditch together, and 60 or 70 yards down Houndsditch they spoke and turned back, and both stood at the corner for a few seconds—White advanced to where the prosecutrix was standing talking to a woman—Morris followed, and tried to take her purse from the top of her handbag, but failed and doubled round her, and White went between Morris and the woman, and took the purse—I arrested Morris—White ran about two yards into Newall's arms, and threw the purse into the middle of the road—they were taken to the station—when I arrested Morris he was walking across the road, hurrying off, looking in the same direction as White.
Cross-examined. They walked together 250 or 300 yards—Morris had a paper—they kept together—White advanced three and a half or four yards from Morris—I was five yards from them—Morris had not started to walk across the street before White advanced to the lady—White opened the bag, and Morris put his hand in—I do not think either of us spoke—I was looking at the purse—I know Morris's address—there is a fishmonger in Whatney Street named Collins—Morris was not walking towards Collins' shop—he walked south and then west, and came back east—it is impossible that he had nothing to do with the stealing.
Morris, in his defence, on oath, slated that, he had a wife and six children; that he had been employed that day by Mr. Collins, a fishmonger; that he had previously seen White at some races, and met him on this morning by Aldgate Church; that he never spoke to the prosecutrix, but was walking in front of White when he saw the detective get hold of him; that he never saw the prosecutrix at all, and had nothing to do with the stealing by White, and was not three minutes with him.
MORRIS received a good character.
NOT GUILTY .
WHITE then PLEADED GUILTY to a conviction at Clerkenwell on August 20th, 1894, and several other convictions were proved against him.— Twelve months' hard labour.
THIRD COURT.—Thursday, May 16th, 1901.
Before Mr. Common Serjeant.
MR. MOORE Prosecuted, and MR. FOWKE Defended.
PHILLIP COONAY . I am a night porter—on April 27th-28th, about 12.30, I was coming home to Commercial Street, E.—in Dorset Street some men followed me—one of them caught me round my neck and hit me on my jaw—I was knocked down—a private detective came up and ran after the man—I lost 5s. 3d. from my right and left pockets—the detective brought the prisoner back—I went to the station.
Cross-examined. I earn 5s. a day sometimes—I had just started from the play—I was a little intoxicated, but not drunk—I had had 10 glasses, and some more with my pals before that; about five or six pots of ale altogether—before the Magistrate I said, "I was lying on the ground in Dorset. Street," and that seven men surrounded me—I was unconscious—I was lying down incapable, but before the men came up I was on my feet.
THOMAS SMART (Detective, H). On Sunday, April 28th, I was with Brogden and another officer in Commercial Street, Whitechapel, about 12.30 a.m.—I heard a groan in Dorset Street, and then the chink of money—I saw the prisoner and three men leaning over the prosecutor—I chased them down Dorset Street, and caught the prisoner opposite the lodging-house, No. 9, where the prisoner lives—before I said anything he said, "I did not knock him down"—I left him with Brogden, and went into the lodging-house to search for the other man.
Cross-examined. The prosecutor was insensible—the prisoner is a hard-working man, who sells fish in Petticoat Lane—he is a Russian—he lives in a lodging-house, because he left his father on account of his step-mother—I did not lose sight of him—I followed within two yards of him.
WILLIAM BROGDEN (Detective, H). I was with Smart—we heard groans and a stifled cry for help—we ran up the street, and saw four figures on the top of another man—I heard the chink of money—we pursued, and Smart caught Prince—I took him back to the prosecutor, and Smart rushed into the lodging-house—in about three minutes we got Coonay up—he had had a drop to drink, and was knocked about, but he knew what he was doing—he complained of being knocked down by six men and robbed of 5s. 3d.—as soon as the prisoner saw the prosecutor he said, "I did not knock the man down"—I told him he would be charged with highway robbery with violence—he said, "This is the fruits of getting with the boys; I have had a couple of drinks with them, and this is what it has done for me: I am a hard-working man; I sell fish; you know me, I work hard for my living"—I have since ascertained that, he does sell fish in Middlesex Street among the Jews—"Boys" is slang for thieves.
Cross-examined. The prosecutor had had some drink, but he signed the charge-sheet—he said he was hit behind the neck.
The prisoner's statement before the Magistrate: "I was along with one man on Saturday night; he ain't here; you can see him down the Lane."
In his defence, the prisoner said that he was drunk and dazed, and was standing outside his own door when he was taken, and that he sold fish for a living. He received a good character.
GUILTY .— Six months' hard labour.
MR. MORRIS Prosecuted.
JOSEPH TRUMP . I live at 3, Transport Street, North Kensington—I am potman at the Artesian public-house—on March 23rd the prisoner came in, and I told him he was not allowed to be served—he said, "Go and f—yourself"—I said, "Never mind about that; you get outside as quick as you can"—he drank up his beer and walked out—when I went out to clean the windows the prisoner said, "You f——bastard!" and struck me on the mouth—he struck me three times, and then I struck him back in self-defence, and he went away about 10 or 12 yards—as I was getting on with cleaning the windows he closed with me and struck me over the heart with a knife, and said, "Your f—life is not worth living for to-night"—I felt it five or six minutes afterwards—I saw the knife in his hand.
Cross-examined by the prisoner. I did not kick you.
AMY NEWMAN . I am 13 years old—I live at 17, Northumberland Place—on March 23rd I saw the prisoner pull out a knife and stab Trump—I saw the knife—it had a white handle, and was like this one—Trump was just outside the door of the public-house.
Cross-examined. I did not pick you out at first, because you had your back to me, and I never saw your face when you were doing it.
Re-examined. I saw him walk away—I did not see enough to say whether it was the prisoner.
GEORGE CHURCH . I am a licensed messenger, of 85, Chippenham Mews—on March 23rd I saw the prisoner' outside the Artesian public-house strike the prosecutor three times, twice on the face and once on the chest—the prosecutor struck him back—the prisoner walked away about a dozen yards—he came running back and attacked the prosecutor—they closed—then the prisoner ran away—I know him—I saw his face—the prosecutor spoke to me—there was blood on his shirt, and a wound there.
Cross-examined. You hit him under his left arm.
ERNEST RICAZ HUNT . I am house-surgeon at St. Mary's Hospital—the prisoner was brought there on March 23rd—I examined him two days afterwards—I found a small wound on the left side of his chest—it was caused by being stabbed with a small penknife like this one.
CHARLES ENTICKNAP (Detective, F) About 9 a.m. on March 23rd I saw the prisoner in Pentonville—I told him I had a warrant for his arrest for stabbing and wounding a man named Trump in the left breast—he said, "I did not think the b—would do a thing like this, I never had a knife in my life"—I took him to the Police-station—he was charged—at the station he still threatened the prosecutor—he called him a b—f—, and said he would knife him and do for him when he came out.
The prisoner, in his defence, said that he was drinking ale and eating cheese and meat, when the potman said, "What art you doing here? if I had been here you would not have been served"; and that the prosecutor struck him on his eye and cut his little finger with a ring he had on his left
hand, and kicked him on his side; and that he was very sorry, and it should not occur again.
GUILTY of unlawful wounding . He was stated to be an associate of thieves and prostitutes, and to have been convicted of drunkenness and as a rogue and vagabond.— Nine months' hard labour.
OLD COURT.—Friday, May 17th, 1901.
Before Mr. Justice Channell.
NEW COURT.—Friday, May 17th, 1901.
Before Mr. Justice Bruce.
MR. C. MATHEWS and MR. BODKIN Prosecuted, and MR. AVORY and
MR. BIRON defended.
MR. C. MATHEWS, in opening the case, stated that the chief evidence for the Prosecution was the dying declaration of the deceased, made in the presence of a Magistrate; MR. AVORY submitted that the declaration was inadmissible, as the deceased did not state that she knew that she was dying, and her replies to the Magistrate's questions only had been taken down, and not the questions themselves, which might have been leading ones (See "Reg. v. Mitchell," 17 Cox. 503). MR. JUSTICE BRUCE considered that the declaration must be excluded, upon which MR. MATHEWS stated that he could not carry the case further.
NOT GUILTY .
NOT GUILTY .
405. FREDERICK DEAKIN (43) PLEADED GUILTY to unlawfully converting to his own use ₤53 15s., entrusted to him as an attorney for the defence of Barnet Abrahams; also to unlawfully obtaining ₤5 from William Smith by false pretences; having been convicted at Nottingham on February 23rd, 1899.— Five years' penal servitude.
THIRD COURT.—Friday, May 17th, 1901.
Before Mr. Recorder.
406. CHARLES ERARD SCHUPPISSER (39) PLEADED GUILTY to obtaining credit for ₤490 and other sums from Shenston & Co. and others by fraud; also for that he, having been adjudged bankrupt, concealed part of his property; viz., ₤25. He received a good character.— Nine months' imprisonment in the second division.
(For other cases tried this day, see Essex Cases.)
FOURTH COURT.—Friday, May 17th, 1901.
Before Mr. Common Serjeant.
(408). JOSEPH WHITE and JANE ELIZABETH SHELTON , to feloniously forging and uttering a copy of a register of marriage between Albert Yandle and the said Jane Elizabeth Shelton; also to feloniously obtaining ₤7 by virtue of a forged instrument; also to endeavouring to obtain certain of the moneys of the Royal Commission of the Patriotic Fund, by virtue of a forged instrument; also to conspiring to obtain from the said Commission certain moneys by false pretences, with intent to defraud.— Four months' hard labour each. [Pleaded guilty: See original trial image.]
409. ROLAND FRANK FIFORD and FRANK MAYNARD, Attempting to break into the shop of the Bodega Company, Limited. Second Count: Being found at night having in their possession certain implements of housebreaking. MAYNARD PLEADED GUILTY .
MR. ROBERTS Prosecuted, and MR. BURNIE Defended Fiford.
WILLIAM BAKER (City Policeman, 779). On May 3rd I was in London Street about 11.15 p.m.—I saw the two prisoners loitering, and then go to the padlock of the Bodega Company—I saw them do something to it—when they saw me they walked away—I followed them into Fenchurch Street, where I met Marsham, and asked him to keep observation on them—I then went back to look at the padlock of the Bodega, and found two portions of a saw on the ground—the padlock, I found, had been sawed—I then went back to Marsham—I arrested the prisoners for attempted burglary and for having housebreaking implements in their possession—they made no answer—Maynard produced this jemmy, sayings, "This is the stick; the man in front knows nothing about it"—I produce the padlock, the broken saw, and the jemmy—when the charge was read over Maynard said, "It is quite right, but that man knows nothing about it."
Cross-examined. I found papers and money on Fiford, leading me to suppose he was a respectable man—I had not seen him before that night—I was eight or nine yards from them when I saw them at the Bodega—I heard something fall, which I think was the saw I have produced—London Street is at right angles to Fenchurch Street—when the prisoners turned the corner I was five or six yards behind them, and they were side by side—there were people in Fenchurch Street—Fiford said he was walking to Aldgate Station, and that Maynard asked him to treat him—the next morning I found on the low roof of one of the cellars of the Bodega this handle of the saw, where I had seen Fiford sitting earlier in the evening—that was before they went to the padlock—the man I saw sitting on the wall was the man I saw at the padlock—my evidence stands or falls by my identification of the man in Fenchurch Street with the man I saw on the wall.
FREDERICK MARSHAM (814, City). On the night of May 3rd Baker came to me in Fenchurch Street and pointed out the prisoners, who were walking towards Gracechurch Street, going west, shamming drunkenness and rolling from the carriage-way to the footway—I followed, and when Baker came up we arrested them—on the road to the station Maynard
produced a jemmy and said, "The game's up, governor; here's the stick; the fellow in front knows nothing of it."
Cross-examined. The prisoners were pointed out to me in Fenchurch Street—I followed them about 350 yards—I was about 30 yards from them in the first instance—when they turned the corner I was about six yards from them—there were not many people about—they were arm-in-arm.
WILLIAM GOSTICK . I am the manager of the Bodega Company, Limited, 72, Mark Lane—there is also a London Street entrance to the premises—on May 3rd I left the premises about 7.30, previously padlocking the door—there were no marks on the padlock when I left—I returned to the premises next morning about 9.15, and I saw a policeman there.
Fiford, in his defence, stated, on oath, that he was not with Maynard trying to break into the Bodega, but met him in Fenchurch Street, and asked him the way, then Maynard caught hold of his arm, and he tried to shake him off, and was then taken in custody.
FIFORD received a good character.
NOT GUILTY .
MAYNARD then PLEADED GUILTY to a conviction at this Court on June 26th, 1899, and seven other convictions were proved against him.— Three years' penal servitude.
Before Mr. Justice Channell.
MR. HUTTON, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. HUTTON Prosecuted.
GEORGE EDGAR MORGAN . I am general relieving officer at West Ham—the prisoner was admitted to the workhouse there on September 10th—she discharged herself on September 15th, and on the 19th she returned with a child, about four days old, known as Arthur, who died on April 27th—from September to April she was in and out of the workhouse with the child—I did not see her, as a rule, when she was admitted—the child was brought in by the police on February 23rd—the prisoner was admitted the following day, and remained till March 16th—she returned on March 17th, and remained there till April 17th, when she took her discharge, and remained out till April 23rd—I saw the child on the 24th; it looked as if it bad had a scald, it looked very bad.
EDWARD HARRY TURNER (231 K). On April 17th, about 10 p.m., I was on duty in East Ham—I saw the prisoner—she was the worse for drink, and behaving in a disorderly manner—she was carrying a child under her arm, with its head downwards—she was not in a condition to look after it—I took the child away from her, and handed it to a private
person, who conveyed it to the station—I afterwards took the prisoner there—the child was fairly clean.
EDWARD LAWS . I am an official of the West Ham Union Workhouse—the prisoner has been admitted and re-admitted many times during the last six months—I admitted her myself on several occasions—she was the worse for drink when she came on April 23rd, and hardly in a condition to look after the child—I also admitted her on April 19th—she was the worse for drink more than once.
LOUISA PEARLESS SULLIVAN . I am a night nurse at Hackney Union—on April 21st the prisoner came there with the child—she was considerably under the influence of drink—she was not drunk—she was in a condition to look after the child for the time being—it was very emaciated and very hungry—I gave it some milk—it took it very ravenously and nearly choked—it took it like a child who had been neglected—it did not appear to be clean.
Cross-examined by the prisoner. I saw you shortly after you came in—I came into the ward rather earlier that night because the child was crying—I told you that you must have known your child was hungry, and that you ought to have told the night porter so.
CAROLINE WATKINS . I am the wife of William Watkins, of 105, Talbot Road, East Ham—I saw the prisoner at my house on April 18th—she had the baby with her—she said she had come out of the West Ham Union—she had had a little drink, but she told me she had had nothing to eat all day—the child looked very queer—I said, "Don't your baby look very bad?"—she said, "Yes, it is all skin and bones"—I saw her again next day—I think she said she had passed the night in an empty house—on April 27th she called again at my house—I saw the child—its face was very brown on one side, as if the sun had caught it—I thought it was still very queer, and told her so—she brought it up on the bottle—I gave it some milk—it did not take it very fast.
Cross-examined. The baby was a nice child when it was young and on the breast—it had a nasty cough.
THOMAS BRUNNING . I live at 104, Romford Road, Stratford, and am an inspector in the National Society for the Prevention of Cruelty to Children—this case was reported to me by Dr. Cowan—I saw the prisoner and the child on April 26th, in West Ham Workhouse—I said to the prisoner, "How do you account for the condition of your child?"—she said, "It was very thin and delicate when I took it out of the workhouse last Wednesday week; that night I was locked up for being drunk at Forest Gate; the next morning the Magistrate discharged me. That day I went to 105, Talbot Road, East Ham, Mrs. Harman's; at night I slept in an empty house"—she said the baby was with her—she also said, "On Friday I went to 105, Talbot Road; at night I slept in an empty house; on Saturday I went into West Ham casual ward; on Sunday I walked the streets all day, and went into the Hackney casual ward at night; on Monday I went to 105, Talbot Road; at night I slept in another empty house; on Tuesday I went into the West Ham Workhouse with the baby, and remained there since"—I said, "How do you account for the blisters on the child's face?"—she said, "I think it must have been the sun; I was sitting and walking about with it on
Sunday and Monday, and the sun was very hot; I put some cold cream on it"—the child died next day—there was an inquest and a post-mortem examination.
ETHEL MARY COWAN . I am assistant resident medical officer at the West Ham Union and Workhouse—I do not remember seeing the child the first time it was admitted—I remember seeing it on April 17th, the day it was discharged—it was then robust and thriving well; with average care it would have lived—it could take its food—I could see no reason whatever why it should not have lived—I next saw it on April 24th—it was very thin and weak, it could hardly take any nourishment, and it had a blister on its cheek, that could have been caused by exposure to the sun—it was weighed the following day—it weighed 9lb. 1oz.—the normal weight of a child of seven months is 15 1/2 lb.—it died on April 27th—I made a post-mortem examination on May 2nd—I found no traces of any organic disease which would have caused death—it died of inanition or inability to assimulate its food—the condition of the child on April 23rd could have been caused by irregular food and exposure; being fed regularly by the bottle and being cared for would have kept it in sound health—being carried, as the police say it was, having irregular food, and sleeping in empty houses, would be likely to injure its health.
By the COURT. It had suffered from whooping-cough from the early part of the year, but it had recovered from that—at the post-mortem there were no signs of whooping-cough or of bronchitis.
The prisoner, in a written defence, said that the child was strong and healthy while at the breast, but would not take its food when put on the bottle; that the doctor said she was not to suckle it; that it had diarrhoea, and had had bronchitis since its birth, and that she did not know of its death till one of the inmates at the workhouse asked if it was true that it was dead.
GUILTY .— Four months' hard labour.
Before Mr. Recorder.
412. JOHN SENNETT (44) , Conspiring with Benjamin William Elliott and William James Hayter to obtain by false pretences from Irwin Edward Bambridge Cox and others ₤8 8s. and other sums, with intent to defraud. (See Vol. CXXXII., p. 717.)
MESSRS. BODKIN and CAMPBELL Prosecuted, and MR. JOHNSON Defended.
JOSEPH WILLIAM ATKIN ADAMS . I am private secretary to Mr. Irwin Cox, M.P., of 20, Queen Street, Mayfair—on May 7th two men, named Elliott and Hayter, I believe, called at Mr. Cox's house—I saw Elliott afterwards—I saw both men at this Court—Elliott said he was collecting subscriptions on behalf of the Middlesex and Surrey Lightermen's Society, the City and St. Mary's River and Docks and Life-saving Swimming Tournament—I asked the address of the secretary of the particular society, as I had left my cheque-book in the country, and would send a cheque on—Elliott showed me a bill of a swimming entertainment which had taken place at the Poplar Baths, and has been reported in the City Press—Mr. Cox was afterwards in town—I looked at these books, Nos. 1 and 3, and saw opposite his signatures four guineas entered to each—No: 1 is headed "Thames Lightermen and Stevedores' Grand Annual Regatta," and is
signed at the botton "J. W. Roydon, Manager and Collector"—I sent this cheque for eight guineas to the address of the secretary, 6, Credon Road, Rotherhithe, S.E.—the cheque is drawn to the Middlesex and Surrey Lightermen's Society or order, and is so endorsed, and "M. P. Lucas, Secretary"—it has passed through the bank—I believed Elliott's statement when I sent that cheque—this is the piece of paper with the address.
FREDERICK WILLIAM LAWRENCE . I live at Mansfield House, Canning Town—three men came to me on May 23rd, 1900, about 6.30 p.m.—two of them, Elliott and Hayter, I saw at this Court in September last—I picked the prisoner out from eight men as being like the third man—Elliott had on a patch over his eye—Elliott said that he represented the lightermen of the River Thames, and asked whether I was prepared to support their ancient privileges—I said that I was—he spoke at some length about lightermen and stevedores, and finally produced a sheet, saying that he was collector for the Lightermen's Regatta, and asked for a subscription—I promised to give two guineas, and wrote my name on that sheet—he turned to Hayter and said, "Will you bring forward what you are collecting?"—Hayter did so, and I promised a guinea; then the third man said he was collecting for the stevedores, and I gave him three guineas—I wrote my name in the books, and gave the six guineas in cash—I asked the third man what stevedores he represented—he said the stevedores on the Thames, and named the Albert and Victoria Docks among them, and other docks that he did not represent—I parted with my money, believing their statements; I thought they were genuine, and that the men were employed to collect for genuine objects.
FREDERICK GEORGE PARKER . I am a coffee-stall keeper, of 2, Magee Street, Kennington—I know the prisoner—10 years ago I saw him write, and was familiar with his writing—we were in the same branch of the South Side Labour Protection League—the paper produced by Adams (The address) and the endorsement of this cheque is Sennett's ordinary writing, also the signature "William Lucas," as auditor, on this balance-sheet of the City and St. Mary's Swimming Tournament.
Cross-examined. The Protection League was formed at the time of the Dock Strike in 1899—the prisoner was in the League about 18 months—it was opposed to the Shipping Federation, which the prisoner afterwards joined.
Re-examined. We were both members and delegates—the committee met once a week—I had abundant opportunities of seeing his writing during 18 months—I have no doubt the documents shown me are his ordinary writing.
JOSEPH JOHNSON (409 K). I am assistant gaoler at West Ham—on April 2nd I said to the prisoner, "Do you want any of your things given over to your wife?"—he said, "Yes, my money and knife"—I saw him write what he wanted on this paper.
Cross-examined. There is a general resemblance between men of the same class, but I never saw two handwritings identical.
CHARLES RICHARD GURR . I live at South Cranworth Road, Chiswick—the prisoner and another man came to my house about 2.30 on March 12th—the prisoner met me as I was coming out from dinner—he said, "Good morning, Mr. Gurr; we are come to see if you will again contribute to our outing," naming some dock labourers—I bad given him 10s. in March, 1900, in the evening, and had some conversation with him—I said that I had had too much expense—he said, "Surely you will contribute again the usual?"—I said, "I think not"—he showed me a large sheet about 2ft. square on two occasions with different sums and signatures, and where he had collected money—it was similar to this—I knew some names, but did not notice all—after a long conversation, in which he explained what he was in the Commercial Dock, and how he would see to my timber through my generosity in giving a little for their outing, I said, "You come to the office, and I will give it to you"—on the parchment there I wrote my usual signature, "C. R. Gurr," and gave him half a sovereign—I had my election on for the Urban District Council of Chiswick, and I gave him one of my addresses and a copy of the Hammersmith Times, with my address to the public, and I walked up to the Roebuck and gave him and his fellow a drink—he read it in the Roebuck, and said it was a capital address, and wished me every success—when I gave him the half-sovereign I believed it was a genuine affair, as I had given it in 1900.
Cross-examined. I do not know Chapman, nor the man who was with him—the workmen in the docks can sometimes deliver goods to the van or keep them in the docks, and I felt he might be of some benefit.
LIONEL DAY . I live at 65, Oxford Road, Islington—I am a clerk to Mr. William Shepherd, of 66, Bermondsey New Road—the prisoner came to me on or about January 7th—he showed me a parchment similar to this, and said he was collecting for the St. Mary's Regatta, also last year's receipt, and a bundle of receipts, and a bill and a programme, which I did not examine—I took the sheet to Mr. Shepherd, who came out and saw the prisoner—in my presence Mr. Shepherd gave the cashier instructions—the cashier gave the prisoner 10s.—Mr. Shepherd signed the sheet, and the prisoner took the sheet back—I had seen the prisoner for five years before—he had money every time—I next saw him in the yard at the Police-court, and picked him out from about 12 men.
Cross-examined. There was no great resemblance between any of the men—he had no beard then, he has grown it since—he had a moustache and a little whiskers—he had no beard during the five years—about 12 people a day call at the office—I have no doubt the prisoner is the man.
HAROLD MITCHELL . I live at 103, Asylum Road, Peckham, Surrey—I am clerk to the Dobell's Dynamite Trust Company, Winchester House, Old Broad Street—the prisoner called in the early part of this year—he asked for a subscription to the Stevedores' Regatta—he produced a vellum parchment similar to this—he received 10s. from the cashier.
PAUL CHATALANET . I live at Ellersley, Strutton Road, East Croydon—I am cashier to Dobell's Dynamite Trust Company, Winchester House—in the early part of this year a man came for a subscription—I gave him 10s.—a number come for subscriptions, and they always present the
last year's receipt—that is the only way of identifying them—I have given subscriptions for years.
THOMAS BRANDON . I am a hairdresser, of 271, Camberwell Road—I know Elliott as Ben, who came in to have a wash and brush up; a customer—I believe he is in prison, I attended this Court when he was tried—he came to me in May with this cheque, which I cashed—he owed me a sovereign, and I gave him the difference—I asked him if it was right, and he said, "Yes"—I had cashed three or four for him previously—it was passed through the bank, and four months afterwards I was informed that he had used my signature—Hayter was with him when I cashed the cheque; a short man who was convicted with him.
Cross-examined. Elliott was in my shop about twice a week—I only knew him as Ben.
JAMES ANDERSON . I am General Secretary to the Amalgamated Stevedores' Labour Protection League—we have registered offices at the Wood's Arms, Popular—there are about 4,000 members, but the membership fuluctuates—they include stevedores on the Thames and in the Royal Albert and Victoria Docks, and the whole of the stevedores in the Surrey Commercial Docks—I do not know the prisoner—he was never authorised by our society to collect subscriptions on behalf of the Stevedores' Annual Regatta and Swimming Tournament, nor anything else; nor was Elliott nor Hayter—I have never heard of the Thames Lighterman and Stevedores' Annual Regatta—I had nothing to do with the Surrey Commercial Dock Labourers' outing—we do not hold any regatta—we have no collecting for regattas—we had an outing five years ago this summer—we had no outing in 1889 or 1891—when we did we always paid our own expenses.
HENRY CARTER . I live at 476, Rotherhithe Street—I have been an inspector of the Surrey Commercial Docks for 40 years—I am a member of the institute in connection with the docks—I do not know the prisoner we have had no regatta, and never authorised anyone to collect subscriptions.
ANDREW DELBRIDGE . I am a stevedore, and live at 5, John Street, Strand—up to August, 1900, I was foreman to the Shipping Federation at the Albert and Victoria Docks—I do not know the prisoner—I had not authorised him nor anyone to collect subscriptions for a regatta and swimming tournament, nor for the stevedores.
ALFRED COOKE . I live at 31, Clement's Road, Bermondsey—I am branch secretary of the Dock, Wharf, Riverside and General Wharfingers' Union, which includes stevedores and labourers—I do not know the prisoner—he has never been authorised to collect subscriptions for us—the Steam Navigation Company's workers are members of our branch.
ALBERT HELDON (Thames Police Inspector) I was with Inspector Fuller and Detective Arle when I saw the prisoner at Snow Hill Police-station—I read him the warrant for his arrest—he said, "No, not me; I know nothing about it"—he was charged with conspiracy to defraud, with two men already convicted, and obtaining money from various persons by false representations—he said he knew nothing about it—he was subsequently taken to Plaistow Police-station, and charged—he made no reply—I saw Hayter on July 6th outside No. 6, Croydon Road, where he
resided—I had seen the warrant for his arrest—Elliott, Hayter, and the prisoner Sennett were charged in the same warrant—I arrested Hayter—I searched for, but I was unable then to execute the warrant against the prisoner—Elliott was arrested the following evening in Edmond Street, Hateham.
GUILTY .—He was further charged with a conviction of felony at this Court on January 29th,1883.
ARTHUR HARRIS (Police Constable) I produce a certificate of the prisoner's conviction—I was present at Greenwich Police-court on December 29th, 1898, when he was convicted as a rogue and vagabond, and he admitted the conviction now charged—I have known him since 1878—he was sentenced tosix years' penal servitude at this Court.
JOHN COLLISON (City Detective). I was at the Mansion House on June 28th, 1895, when the prisoner was sentenced to three months as a rogue and vagabond—on that occasion I produced the certificate of the conviction at this Court, charged in this indictment with uttering counterfeit coin—he was sentenced to six years—he said that it was correct—I know the prisoner is the same man—I produce his photograph and the papers relating to his conviction.
GUILTY.—He was stated to be the principal of a gang of about 30 fraudulent collectors of subscriptions for bogus objects, and to have been convicted a number of times as a rogue and vagabond, and to have been charged with similar offences to the present.— Three years' penal servitude.
MR. SYMMONS for Castile and Parsons.
DAVID PAUL (A coloured man) I am a labourer, of 44, Prince of Wales Road, Custom House, West Ham—about 5 p.m. on April 8th I was in the Prince of Wales public-house—coming outside, I saw a gang of lads, including the prisoners—Riley asked me for a penny—I said I had not one—he said, "Yes, Darkie, you have"—I took out my purse to show him I had not—he made a sign as if to chuck it away, but he shoved it in his pocket—I asked him for it—he said, "The purse is no b—good," and shoved it away, and said he would serve me the same—I said, "Never mind the purse; give me my work ticket that is in the purse"—he said, "No," and chucked it away—he struck me here (On his head and hand.)—when I went to strike him back I received two blows behind my back—I fell, and received a lot of blows and punches—I saw Parsons when I got up—Castile started punching me just as I fell—about a dozen came up to me—Parsons called me a black bastard—he hit and punched me in the face—Thomas and my wife came to my assistance—I became insensible—Thomas assisted me into the public-house—I was insensible till I was dragged out—I was taken to the Seamen's Hospital.
Cross-examined by MR. HARRISON. There were about 30 men round me—my wife came to see me in the hospital—she said she had had three men arrested—she talked the matter over with me—afterwards I gave evidence at the Police-court—my wife asked me to come inside the public-house—she followed me outside in about three minutes—I was in the public-house about half an hour—Riley struck me in the chest—my wife did not suggest that to me—I did not strike Riley first—I had a knife—I had no chance to open it; I pulled it out to keep clear of the gang—I meant to open it—a woman snatched it—I gave it to the woman—my wife did not ask me to come away—I did not refuse—I was quite sober.
Cross-examined by MR. SYMMONS. I knew Parsons and Castile, but not by name; only by seeing them by the public-house—I had known them about two weeks—I saw Parsons about 10 minutes after the row commenced—the row lasted about a quarter of an hour—I became insensible after the mob rushed into the public-house—I never came out sensible; I was dragged out by the hands by Castile—Thomas was inside the public-house—he saw me dragged out.
MARY PAUL . I am the prosecutor's wife, and live at 44, Prince of Wales Road—when I came out of the public-house my husband was talking to Riley—I heard him ask Riley for the purse, as his work ticket was in it—Riley threw it over the school fence, and said he would throw my husband after it, and struck him on the shoulders, and others came on—Castile punched him in the back—I called to another coloured man, "Thomas, Thomas, come quick; my husband is in a fight"—I had a glass in my hand—I made for Castile, who was kicking my husband—Parsons rushed up and caught my wrist, and said, "I will have you arrested for striking me with a glass"—I said, "Oh", master, what would your wife do if she saw five or six men kicking you?"—he rushed to my husband, kicked him with his foot, and said, "You black bastard!" while he was on the ground—Thomas and I got my husband into the Prince of Wales public-house.
Cross-examined by MR. HARRISON. I had never spoken to the men—there were about five or six outside and about 20 inside the public-house—I followed my husband out in three or four minutes—this row was between 5 and 5.30—Riley was arrested outside about two hours afterwards—I told my husband in the hospital I had had two men arrested—I never spoke much about the evidence in the case.
Cross-examined by MR. SYMMONS. As a rule, my husband does not carry a knife—I was flurried—I have never been in a place like this before—I was at Stratford once as a witness—I brought a wineglass out of the public-house in my hand—I am in the habit of holding my glass—it had port wine in it—I did not throw it over anybody—I did not see Parsons till he caught me by the wrist—Riley and Parsons took part in the row inside—the policeman was there—my husband was insensible—I did not see who pulled him out.
GEORGE THOMAS . I am a labourer, and live in the Prince of Wales Road—about 5 p.m. on April 8th I was called outside the Prince of Wales public-house—I saw Paul on the ground, and Riley on the top of him, and Castile kicking him, and Parsons—I said, "Give the man a chance"—I heard the cry," "Here comes another darkie," and I was
assaulted—there were about two dozen there—I helped Mrs. Paul to get Paul into the public-house—he was taken to the hospital.
Cross-examined by MR. HARRISON. I had been with the Pauls in the public-house—Paul went out first—his wife followed him in about five minutes—I followed a few minutes after that.
Cross-examined by MR. SYMMONS. I had a struggle with Castile—I did not see his face bleeding—I did not see Mrs. Paul throw the glass—I did not see my friend produce a knife—Castile had his coat on.
WILLIAM CLAPPERTON . I am the manager of the Prince of Wales public-house, Custom House—on April 8th, about 5 p.m., I saw Paul and his wife in my public-house—he got fighting outside—he rushed inside, and some men after him—I cannot say what his condition was—afterwards I let him out through a wicket-gate—he got hurt—I let Mr. and Mrs. Paul through the partition.
Cross-examined by MR. HARRISON. Barnes came in after the rush of men—he helped to get them out—I said before the Magistrate that I did not see Riley.
Cross-examined by MR. SYMMONS. I did not see Paul dragged out—Parsons was in the saloon bar, and I went round to him just before the rush came in—I asked him to go and see what was going on outside—Castile is a customer—I did not see him—I did not hear that the prosecutor's ribs were broken till afterwards.
JOHN BARNES (529 K). I was outside the Prince of Wales public-house about 5.30 on April 8th—I saw a large crowd, and endeavoured to ascertain what was the matter, and to disperse the crowd—I heard that a black man had been assaulted—Castile said that a woman had thrown a glass at him—he had a slight cut—I said that was not a serious assault, and referred him to the Magistrate, and while I was speaking I saw five or six men rush through the public-house, and one of them exclaimed, "Here they are, chaps"—I followed, and inside I saw Paul and Thomas, surrounded by 10 or a dozen men, punching and kicking them—after about five minutes the crowd rushed out after Paul, whom I found on the pavement unconscious—I took him to the hospital—he was unable to appear and give evidence, for a time—I saw Castile, and after I came from the hospital I saw Parsons standing outside—I saw Riley about 7.30 that evening—I said I should take him into custody for being concerned in assaulting a dark man—he said, "All right"—no one complained to me about a knife.
Cross-examined by MR. HARRISON. Riley was not formally charged till an hour afterwards—I cannot swear to seeing Riley outside the public-house between 5 and 5.30 p.m.
Cross-examined by MR. SYMMONS. Castile was standing at my back—I had gone in, leaving him outside the public-house—I did not know him—I knew Parsons by sight—I did not see him till about 10 minutes after Paul had been taken away—I did not see Paul dragged out.
WILLIAM BENSLEY (214 K). About 7.30 p.m. on April 13th I arrested Parsons—I told him I had a warrant for his arrest, and should take him into custody for assaulting a dark man—he said, "All right"—he was taken to the station and charged—he made no reply—I arrested Castile—I told him I should take him into custody for assaulting a dark man, and kicking him—he made no reply.
Cross-examined by MR. SYMMONS. I arrested Parsons at his own work at Hardman's, of Silvertown, painters—I made inquiries—I find he has been there 15 years—both Parsons and Castile bear good characters.
WILLIAM GRAHAM ROSS . I am house-surgeon at the Seamen's Hospital—about 7.15 p.m. on April 8th Paul was brought there—he was seen by the house-surgeon—about 9 p.m. I examined him—he was suffering from a fracture of the fourth rib, immediately over the pericardium, the covering of the heart, and affecting the lungs—he was in a precarious condition, and was bleeding from the mouth; his eyes were closed—he was covered with bruises and cuts from bead to foot—he was discharged on April 27th, having been 19 days an in-patient—he was allowed to go before the Magistrate in about two weeks; on April 23rd—he is lame, and his heart will always be more or less affected—his lung will heal.
Riley, in his defence, on oath, said that he never robbed the prosecutor, and only defended himself.
Castile and Parsons, in their defence, on oath, denied having anything to do with the assault.
Evidence for Castile and Parsons.
WALTER SMITH . I am a stonemason, of 1, Round Bock Road, Custom House—I was outside the Prince of Wales public-house on April 8th, Easter Monday—Castile was standing on the kerb, looking on—I saw a scramble, but there were too many people to see properly—a glass was thrown at Castile by a woman, and cut his face—he made a rush for the woman in the crowd—I saw Thomas in the struggle fall to the ground—I picked up Castile from the ground; he had his coat on—I took him home—he made a complaint, and gave his name and address to the policeman.
THOMAS ROSS . I am a labourer, of 2, West Road, Custom House—I saw a woman throw a glass, which struck Castile in the face—he rushed towards her, and the little black man (Thomas) got in between them, and there was a struggle—they were picked up, and a constable came—Castile complained to the constable—Smith and I took Castile home.
Cross-examined. I did not see any row—I heard of it after we had got Castile home, and that somebody was injured.
ROBERT PROCTOR . I live at 21, West Road, Custom House—I am a foreman boilermaker—I have been working at Messrs. Rait & Gardiner's, Royal Albert Docks, 14 years—I was at the Prince of Wales public-house on Bank Holiday—Parsons stood on the kerb outside by my side—he took no part in it—I went out of the Prince of Wales with him—I have known him seven or eight years as a steady, sober, and very quiet man—he is a painter.
Cross-examined. I was with Parsons in the saloon bar—Clapperton asked him to go outside and see what the row was—we went out with another young fellow—I saw a constable and a coloured man cross from the public-house—I did not see Riley nor Castile.
REUBEN THOMAS WHITE . I am a labourer, of 130, Lee's Read, Custom House—on April 8th I was outside the Prince of Wales public-house—I saw the crowd drag a fellow out—I saw Parsons come out of the saloon bar—I saw a policeman bringing a dark fellow out of the bar just after that—I never saw Parsons hit or kick anybody.
NORMAN CAMPBELL . I am a boilermaker, of 116, Randolph Road, Custom House—on April 8th I was with Parsons in the public-house saloon bar while a row was going on outside—Clapperton asked Parsons to go and see what the row was—I saw a black man and a policeman go across the road in the crowd—I stopped with Parsons all the time—he never assaulted anybody—I was with Parsons about an hour—there was a crowd of from 50 to 100—I saw a man being carried away by a policeman.
PARSONS NOT GUILTY . RILEY GUILTY .— Six months' hard labour. CASTILE GUILTY of a common assault .— Three months in the second division.
Before Mr. Common Serjeant.
MR. HARRISON Prosecuted.
CHARLES SAMUEL RAY . I am an engine-driver, of 30, Great Eastern Road, Stratford—at 1.43 a.m. on April 29th I was in the Great Eastern Road—I heard the breaking of glass—I waited two or three minutes—I saw the prisoners coming from where the sound was—I heard one say to the other, "Take some of these things"—they went one road, and I went to the bottom, and saw a constable, and told him—when they saw the constable they ran away—Payne dropped a parcel—the constable followed and captured Payne—I detained Westgarth—I assisted Really in taking them to the station—on the way to the station Westgarth produced this brown shoe from under his coat, and handed it to me—he said, "My mate broke the window and gave me the boots."
ARTHUR REALLY (397 K). About 1.45 on April 29th I was on duty in Solway Road—I heard a police whistle, ran towards the noise, and saw Ray detaining the prisoner Westgarth—Ray said, "Here, take this man; he has broken a window in Great Eastern Road, and stolen some boots"—I said to Westgarth, "Do you know what this gentleman says? I shall have to take you to the station"—he said, "My mate broke the window, took the boots, and gave them to me"—on the way to the station we passed the shop of Freeman, Hardy & Willis—the window was broken—Westgarth produced a shoe from under his coat, and said, "Here, take this."
CHARLES HARDY . I am manager for Messrs. Freeman, Hardy & Willis, Limited, at their shop in Great Eastern Road, Stratford—on Saturday, April 27th, I left the premises at 11.15 p.m.—on the following Monday morning, after being called out by the police, I found them
broken into by breaking a plate-glass window—I missed these four boots and six others—I recognise this shoe—they are worth 7s. a pair.
GUILTY .— Nine months' hard labour. PAYNE then PLEADED GUILTY to a conviction of felony at Maidstone on January 6th, 1898. Three other convictions were proved against him.— Twelve months' hard labour.
Before Mr. Justice Channell.
MR. SHERWOOD Prosecuted.
GUILTY of the attempt . He received a good character.— Twelve months' hard labour.
Before Mr. Common Serjeant.
MR. WHITELEY Prosecuted.
GUILTY .— Six months' hard labour.
The JURY not being able to agree, were discharged, and the trial was postponed to next Session.
Before Mr. Justice Channell.
GUILTY of indecent assault .— Eight months' hard labour.
MR. COHEN, for the Prosecution, offered no evidence.
NOT GUILTY .
DIMMOCK was recommended to mercy by the JURY.— Discharged on recognizances. WELLS— Nine months' hard labour.
Before Mr. Recorder.
570 GREEN, Mayor.
MR. HUTTON Prosecuted.
EDWARD EASTWOOD . I trade as W. J. Byford & Co., of Golden Street, Borough—I bought that business in the beginning of this year—the prisoner was employed as manager under a written agreement—he paid accounts by my instructions, and took commission on orders—I had a banking account in the name of Byford & Co.—the prisoner was not entitled to have a separate account in that name—in February I gave him & cheque to pay to Mr. Green—it was a trade account—I afterwards asked him for the receipt, which I ultimately got—I placed it on a file in the office—after a while I missed it—only the prisoner and myself had access to that file—I have not destroyed the cheque, nor have I it in my possession—later on I communicated with Mr. Green—the cheque has been passed through my bank, and paid.
Cross-examined by the prisoner. You have collected cheques for me—there is an agreement between us for three years.
By the JURY. The cheque to Mr. Green was to "bearer" and was not crossed.
Re-examined. I first discovered that Mr. Green had not received the cheque about April 16th—the prisoner never told me he had sent another cheque to Mr. Green—there was another cheque to Mr. Philips, which I gave to the prisoner—my banker has paid it, but not to Mr. Philips—that was for ₤3 5s. 6d.
By the prisoner. Your wages were at first ₤3 a week—you did not get 10 per cent, commission on orders—this is the agreement—(This was dated January 25th, 1901, and stated that the prisoner was to receive ₤3 a week and 2 1/2 per cent. on all orders personally introduced by him and executed by the prosecutor.)—in consequence of the business not being as was represented, you consented to take ₤2 15s.
FREDERICK WILLIAM GREEN . I am a builder, of 24, New Cut—I had an account with W. J. Byford & Co.—before February 4th ₤9 ls. was owing to me—I received ₤5, which left a balance of ₤4 1s.—I did not receive a cheque for ₤3 12s. 6d. on February 9th—this (Produced) is not my endorsement—in April I received a cheque for ₤3 10s.—I passed it through my bank—it was never honoured.
Cross-examined. I do not know if I got the ₤5 from you or from your late governor—my clerk received it—I do not know what bank it was on.
WILLIAM KEMP (Police Sergeant, M) I arrested the prisoner at Pepper Street on April 20th—I said, "I am a police officer; you will have to come with me to the station"—on the way he said, "I know it is very wrong; I did pay them into my own account at Newington Butts"—I asked him for his bank-bock—he said, "I have not got it; there is only a balance of 4s. or 5s."—when he was charged he said, "No, I did not intend to defraud"—he asked to see the cheques—he then said, "It looks like my writing; I may have wrote that, but what does it matter? I have been used to do that with this man, and the last man as well."
Cross-examined. You did not say that if you had done wrong you did not know it.
The prisonser, in his defence, said that he paid the cheques into his own bank, as he had been used to do; that he had given them to a man named
Jarvis to pay in for him; and that he said to Jarvis and to his wife, "These cheques ought to have been made payable to the firm."
Evidence for the Defence.
MRS. HARRINGTON. I am the prisoner's wife—I heard my husband say to Jarvis that he might have made a mistake in the cheque; if he had he would make it good.
GUILTY .—He then PLEADED GUILTY to a conviction of obtaining money by false pretencest at this Court on January 7th, 1895.— Eighteen months' hard labour.
MR. TURNER, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. COHEN Prosecuted.
FREDERICK AXLEY (Police Sergeant, L) I arrested the prisoner—he said, "It is quite right, I am very sorry; I thought my first wife was dead"—he repeated that at the station—I produce two certificates—Mrs. Berry gave me the first, and Miss Braine the second.
HENRY SPINKS . I am a butcher, of 8, Fitzallen Street, Lambeth—on June 3rd, 1900, I was present at Emanuel Church, Woolwich, at the prisoner's marriage to Elizabeth Braine—they lived together afterwards.
Cross-examined by the prisoner. You told me that your wife was dead.
By the COURT. That was three years ago—I knew his first wife—a young person living in our street said that she was dead, and he was keeping company with a young woman who got into a condition in which it was advisable for him to marry her—I tried to find out whether his wife was dead, but could not.
HARRIET CRADEN . I am the wife of Richard Craden, of Canal Street, Camberwell—the prisoner is my son-in-law—he married my daughter in 1889, and I signed the register—they separated about three years ago—he did not behave as he ought, and she left him and came to live with me, and went into service—I continued to live in the same place, and if anybody had inquired I should have told them that she was alive.
Cross-examined. It is not three years since you saw her, for you waved your hand to her one day.
Prisoner's defence: I was told she was dead; she ran away, and lived with another man. I tried all I could to find out if she was alive.
Evidence for the Defence.
and after she had been turned out by the man she cohabited with she went and asked her husband to take her back, and he did so, and in six weeks she left him again, and told me that she had pawned his clothes to get money.
By the COURT. It would take me half an hour to go from my place to Canal Street, Camberwell, without my baby.
Cross-examined. I saw Mrs. Berry three years ago with the prisoner.
MRS. WOOLGER. Mrs. Berry went away after buying herself a new hat, and then she left him and lived with another man—I cannot remember how long.
GUILTY .—He received a good character.— Two days' imprisonment.
Before Mr. Common Serjeant.
MR. BODKIN and MR. CAMPBELL Prosecuted, and MR. BURNIE and
MR. MOORE Defended.
ADOLPHUS SEPTIMUS TATNELL . I am a jeweller, at 143, Newington Causeway, and keep a large stock of jewellery—on the night of April 21st I secured my shop safely—premises belonging to other people abut on the back of the shop—the windows at the back are all barred—there are electric bells to both the shop and passage doors and the wicket gate—the shop front is covered by a revolving iron shutter and a wicket gate, inside which is the shop door—about 6 a.m. on April 22nd I was aroused by the alarm bell of the outer shop door, the mahogany door—I got up and went downstairs into the shop—I heard someone in the lobby between the iron door and the mahogany door—I ran towards the iron door, but the person had gone into the street, and the door slammed—I opened it and looked out—I saw a man walking towards the Elephant, with a brown leather bag like one I had had in the shop the previous night—I saw another man walking towards me and another man outside whom I now know as Thomas, and Adams—I closed the door and halloaed out—I went into the shop—I missed a quantity of jewellery from the show cases in the window, which were broken—I also found one of the bars of the outside passage window at the back broken—I found this rope ladder hanging upon the railings of the neighbour's premises—it dropped into the yard—its length is about seven yards—it went right over the passage—these are parts of the iron bars of the window which were broken near where the ladder was hanging—the window in the basement or ground floor faces the yard on the ground level—my assistant made this list of property missing: "Watches, 48, gold; rings, 198; brooches, 109; chain bracelets, 43; chains, 89; necklets, 70; gold lace pins, 39; gold bangles, about 60"—the value altogether was ₤780 to ₤800.
Cross-examined. I could only trace the numbers of 39 bracelets—I had in my stock list over 60—the stock list was made for the insurance.
Re-examined. I have lost over 60—this is the list I gave to the police
a rattling noise inside the door of this jeweller's shop—I stood for a moment and partly turned towards the shop—I saw a man leave, carrying a bag in his left hand—I afterwards saw Adams coming from the Elephant—a gentleman looked out of the shop door up and down, when the man with the bag was 30 yards from the shop, walking fast; but as the gentleman closed the door and said nothing, I thought nothing was amiss—I stood a moment or two longer—I heard someone shouting; then Adams walked towards the shop front door, and the gentleman said, "Stop that man; he is a thief"—Adams ran towards the Elephant, and I walked sharply behind him—the man turned the corner, and was out of sight when I got there—in the evening I was taken to the Police-station, but failed to pick out the prisoner—I saw him again afterwards—I believe him to be the man, but cannot swear—he was wearing a dark coat, but not the same coat in the evening.
Cross-examined. Before the Magistrate I said I was still uncertain—I said at first that he had a black hand-bag; I only had a glimpse of it.
CHARLES WALKER ADAMS . I live at 5, De Laune Street, Kenniagton Park—I am a cook at 317, High Street, Borough—I was in Newington Causeway on April 22nd about 6.8 a.m., walking towards St. George's Church—about 25 to 30 yards before passing No. 143 I met the prisoner with a dirty brown bag, on the same side of the way, and face to face—as I walked towards the shop the man came out and said, "Stop him," and I went after the prisoner—he had gone out of sight—that evening I went to the Southwark Police-station, and picked out the prisoner from 15 or 16 men as the man I had seen in the morning.
Cross-examined. I was going towards London Bridge on the right hand side—the pavement is very wide—I ran towards the Elephant to stop the man—I did not know whether it was murder, or what it was—I ran to the corner of the Old Kent Road—I was walking in the centre of the pathway.
ARTHUR NEIL (Detective, M) On the evening of April 21st, in consequence of a description supplied to the police, I went with Inspector Godley to Walworth Road in search of the prisoner—about 8.15 I saw him with a young woman—I called him by his name, and said, "We are going to take you into custody on suspicion of burglary"—he became violent, and said, "Let me go, you f—bastard! I'll do for you"—he threw me up against the shop front, and tried to kick me—Inspector Godley got hold of him on the other side—he struck Godley three times across the head with his stick—after some minutes' struggle we got him into a cab, where he was so violent that I sat on him, and had to throw my whole weight on him—he said, "You b—! you are going to try to do me with that job this morning"—as I was holding his hand down and sitting on him in the cab he bit me on my right arm—he was very violent, and threatened us all the way to the station—we told him we were going to search him—he said, "You are not going to search me," and again became so violent that we had to get two constables to hold him—I searched him, and took several things from him, including this piece of paper, on which is "48 W, 193 R, 133 C, 112 B, 11 B, 69 bra."—that is bracelets—the paper fell from my hand to the floor—he made a dive for it with his mouth, and rearly got it,
but I picked it up—a little later he was placed with 15 other men, and identified by Adams—he was then told the charge, and that he had been identified as being in Newington Causeway—he said, "Well, I suppose I can walk along the Causeway at 6 o'clock in the morning if I like; the road is as much for me as it is for you"—I showed him this piece of paper and said, "This piece of paper I found upon you, and which you were so anxious to get, is almost a complete list of the property stolen"—he said, "Yes, I know it is"—when the charge was read to him he said, "Yes, that is right; you must have some one for it; of course it would be me; I am innocent."
Cross-examined. He did not say that the paper referred to horse-racing—a list from the prosecutor had been supplied in the morning—I had seen it, but did not go carefully through it till late at night before the prisoner was charged—I compared it in our office with the prisoner's list—I showed the prisoner's paper to Mr. Tatnell, and he said, "Why, this appears to be a list of property stolen"—the prisoner's replies at the station were not all in one sentence.
GEORGE GODLEY (Police Inspector, M) I was with Neil in Walworth Road—on April 21st, about 8.15 p.m., Neil spoke to him—he at once commenced to struggle—the serjeant held his arm—I took hold of his left arm—he had a walking-stick in his right hand, and he hit me over the head three times with it—he said, "You f—bastards!"—we put him into a cab, and a young woman who was talking to him at the time we arrested him got into the hansom cab with us voluntarily—on the way he said, "You f—cow! you have put me away"—I heard him say something to Sergeant Neil—the woman at the time was between him and me, and he bit Neil on the back of the upper part of his right arm—I tried to prevent him, but the woman got between us—I was going to strike him on the face to make him let go—he said, "I will do for you, you bastard!"—we took him to Southwark Police-station—there I said to him, "I am going to search you"—he was searched by Neil, two constables holding him on account of his violence—this piece of paper that Neil had taken from him fell to the ground—he made a dive, and nearly pulled the two constables down in trying to get it, but he did not succeed in getting it—he was afterwards placed with 15 other men and identified by Adams, but not by Thomas—I told him what he would be charged with—he said, "I suppose I can walk along the Causeway as well as you; it is as much for me as for you"—when the charge was read over he said, "Yes, that is right; you must have someone for it; I am innocent; I will do for you;" and he made a movement towards me which I stepped back to avoid.
Cross-examined. I made a note of what he said immediately he was charged—I went to my office and wrote it in my pocket-book—he did a lot of talking; I put down as far as I could remember the exact words, but he said other words as well—he was in a very bad temper—four were in the cab—he said, "I can walk along the Causeway as well as you," that is right; "You must have someone for it," and half a minute elapsed before he said, "I am innocent"—that was when the charge was read in the usual way—I do not see how he could have heard of the burglary—he was arrested 14 hours after the burglary was
committed—we first received a description from Thomas, and that was sent in the printed information round to the Police-stations by 10.30 that morning—Thomas described the bag as black, and Adams as a rusty brown—one, Thomas, I think, said the colour of his overcoat was brown, and the other that it was plum colour—Thomas might have said the man he met had a dark coat—I did not hear Adams say it was a light coat.
GUILTY .—He then PLEADED GUILTY to a conviction of felony at this Court on January 11th, 1897. Six other convictions were proved against him.— Fifteen years' penal servitude.
ADJOURNED TO MONDAY, JUNE 24TH, 1901.