CENTRAL CRIMINAL COURT
NINTH SESSION, HELD JUNE 24th, 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.
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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, June 14th, 1901, and following days,
Before the Right Hon. FRANK GREEN, LORD MAYOR of the City of London; the Hon. Sir WILLIAM GRANTHAM,one of the Justices of His Majesty's High Court; Sir JOSEPH SAVORY, Bart., M.P.; and Sir GEORGE F. FAUDEL PHILLIPS, Bart., G.C.I.E., Aldermen of the said City; Sir FORREST FULTON, Knt, K.C., Recorder of the said City; Sir ALFRED JAMES NEWTON, Bart., Sir MARCUS SAMUEL,Knt., JOHN CHARLES BELL , Esq., and Sir JOHN KNILL,Bart. 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 DAVID LANGTON, Esq.
CENTRAL CRIMINAL COURT.
GREEN, MAYOR. NINTH 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, June 24th 1901.
Before Mr. Recorder.
428. CHARLES JORDAN (16) HENRY MURPHY (16) and JAMES TENTERDEN (16) PLEADED GUILTY to breaking and entering the shop of William Henry Clemence, and stealing a clock and other articles. JORDAN. Six months' hard labour; MURPHY. Seven months' hard labour; TENTERDEN. Eight months' hard labour. —
431. CHARLES EDWARD DARVILLE (47) , to unlawfully attempting to obtain ₤2 from Charlotte Wade by false pretences; also to forging and uttering a telegram, with intent to defraud; having been convicted of felony at Clerkenwell on March 18th, 1889. Six months' hard labour. — [Pleaded guilty: See original trial image.]
432. GEORGE JAMES JENNINGS (20) , to stealing, whilst employed under the Post Office, a postal packet containing a watch and six penny stamps, the property of the Postmaster-General. Nine months' hard labour. — [Pleaded guilty: See original trial image.]
433. ALFRED SLADE (33) , to stealing, whilst employed under the Post Office, a post-letter containing six penny stamps and a gold brooch; also to stealing a post-letter containing a match-box, the property of the Postmaster-General. Nine months' hard labour. — [Pleaded guilty: See original trial image.]
434. JOHN DALE (27) , to forging a receipt for ₤42, with intent to defraud; also to forging a notice of withdrawal from a deposit account in the Post Office Savings Bank. Six months in the second division. — [Pleaded guilty: See original trial image.]
435. THOMAS WILLIAM PURDY (35) , to stealing, whilst employed under the Post Office, a post-letter containing three postal orders for 10s., 3s. 6d. and 2s. 6d., the property of the Postmaster-General. Nine months' hard labour. — [Pleaded guilty: See original trial image.]
436. ERNEST NOTTLE (19) , to stealing, whilst employed under the Post Office, a post-letter containing half of a ₤5 note, the property of the Postmaster-General. Nine months' hard labour. — [Pleaded guilty: See original trial image.]And
(437) THOMAS CHARLES WELLS DUNSTER (37) , to publishing a malicious and defamatory libel of and concerning Annie May Clementi Smith. Discharged on recognizances. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, June 24th, 1901.
Before Mr. Common Serjeant.
MR. CAMPBELL Prosecuted, and MR. HUTTON and MR. MAGEE Defended.
GEORGE SMITH . I have been four years manager to Mr. Wilson Barrett, who is on his way to Australia—I have seen him sign thousands of cheques—a letter signed "Charles Benjamin" was handed to me by Mr. Barrett about January 19th to attend to, with a lot of others of the same description—this is it; this is my mark on it—I put myself in communication with Mrs. Smith, who is mentioned in the letter, and received from her a bill for ₤2 15s.—I sent her ₤2 15s. 11d. in notes or post-office orders, not a cheque—I had never seen the prisoner—this cheque (Produced) is not Mr. Barrett's writing; it is not like it at all, or any part of it, and he has no account at that bank.
Cross-examined. Mr. Barrett is well known to be a very charitable man, and a good many demands are made on his charity—I never knew him to send a cheque for under ₤25—he does not, as a rule, make ordinary payments in his business by cheque; he only draws cheques for ₤3 or ₤4 for the regular London tradesmen—he signs them himself, but I always fill them in—when he is away he places an amount to my credit, and I draw my own cheques.
CLIFFORD HUTTON . I am a cashier at the London and South-Western Bank, Notting Hill branch; Elizabeth Smith keeps an account there—on March 5th the prisoner came to cash this cheque of Mrs. Smith's for ₤23 10s. (Produced)—it is drawn to Charles Benjamin—he endorsed it, and I gave him the cash—these two signatures, "Charles Benjamin," are written by the same hand.
ERNEST WILLIAM STANTON . I am a clerk in the National Provincial Bank, Baker Street branch—Mr. Wilson Barrett has no account there—this form has been taken out of a book which we issued, but not to Mr. Barrett; it was presented for payment to our bank through the South-western Bank, and it is marked "No account."
ELIZABETH SMITH . I keep a boarding-house at 61, Elgin Crescent, Notting Hill—on December 19th the prisoner came there to board at 23s. a week—he said that his name was Charles Benjamin—he paid for his board for the first two weeks, and then fell into arrear—I asked him to pay, and he said that he would see to it—he said that he was receiving ₤300 a year from his mother, besides money from his father, and that Mr. Wilson Barrett was his trustee—he asked if I had received a letter from Mr. Barrett; I said, "Yes"—I think I received it on January 23rd—I received a second letter, with an enclosure of ₤2 15s. 11d.—the prisoner owed me a little more than that—after that he went on paying regularly for about a month, and then got behind again—on March 5th he owed me ₤3 10s., and showed me this cheque in his favour for ₤27, signed "Wilson Barrett," and asked me to take the amount due to me, and give him the balance, ₤23 10s.—I said that I had not enough in the house, and he said, "You can write me a cheque for the amount"—I took it and wrote this cheque for ₤23 10s., dated March 25th, which I gave to him about 1.30
in my house—he left immediately, and never came back since—he had told me that he should go in two or three days, and be back in a day or two, and I was to keep his room—I paid this cheque into my bank, and it came back marked "No account."
Cross-examined. About 20 minutes after he went away with the cheque he came back to fetch some of his things.
JAMES LAING (Police Sergeant, T). I arrested the prisoner at Man Chester, and read the warrant to him, he said, "All right, I understand"—I took him to Notting Hill Station, and charged him—he made no reply.
Cross-examined. I did not hear him say, "I have been deceived."
ELIZABETH SMITH (Re-examined). When the prisoner gave me the cheque on March 5th he said that there was another man outside, but I did not see who it was—he did not tell me his name was Bailey or Bennett.
The prisoner, in his defence, on oath, said that he received the cheque from his friend Bailey, or Bennett, who told him he had obtained it from Mr. Barrett, and that, believing it was genuine, he lent him ₤5, and that both Bailey and himself knew Mr. Barrett, himself first when about 12 years old; but that he could not trace Bailey.
GUILTY .—He then PLEADED GUILTY to a conviction of felony at this Court in June, 1892, and another conviction was proved against him.— Three years' penal servitude, and two years' police supervision.
439. FREDERICK WILLIAM LEAKS (41) PLEADED GUILTY to embezzling ₤92 11s., ₤55 4s., and ₤53 17s., of the Guardians of the Poor for the parish of Chelsea, his masters; also ₤153 2s. 6d., ₤26 3s. 2d., and ₤56 1s. 10d.; also ₤77 1s. 8d., ₤45 10s. and ₤27 4s. 1d; also ₤88 4s. 4d., ₤461s. 8d., and ₤59 1s. 9d.; also ₤40 9s. 9d., ₤70 15s. 3d., and ₤318 12s. 6d.; also ₤317 10s. 4d., ₤75 17s. 10 1/2 d., and ₤28 15s., the moneys of his said masters; also to unlawfully making false entries in the books of his said masters.— Three years' penal servitude.
OLD COURT.—Tuesday, June 25th, 1901.
Before Mr. Recorder.
440. VINCENT AUGUSTUS SKIN (25) PLEADED GUILTY to forging an endorsement on a cheque for ₤3 10s.; also to stealing, whilst employed under the Post Office, a post-letter containing a cheque for ₤3 10s., the property of the Postmaster-General; also to stealing, whilst employed under the Post Office, a post-letter containing postal orders for 20s., 20s., and 10s., the property of the Postmaster-General. Nine months' hard labour. —
441. THOMAS HUGHES (27) , to stealing a gold chain from the person of Horatio Randal Scott; having been convicted at Clerkenwell on July 6th, 1897. Six other convictions were proved against him. Nine months' hard labour.— [Pleaded guilty: See original trial image.]
442. ELLIS HALL (33) , to obtaining 20 suits of clothes, the property of Alfred Jordan Hollington, by false pretences; also to uttering three forged orders, with intent to defraud. Four months in the second division.— [Pleaded guilty: See original trial image.]
443. EDWARD COLLIER and CHARLES NEEDHAM ,to stealing 36 yards of web, the property of Charles Webster, and receiving the same, knowing it to have been stolen; Needham having been convicted on April 6th, 1900, at Clerkenwell. COLLIER. Nine months' hard labour; NEEDHAM. Twenty months' hard labour. — [Pleaded guilty: See original trial image.]
444. FLORA WOOD (18) , to obtaining ₤7 10s. by false pretences; also to forging and uttering a banker's cheque for ₤7 10s.; also to stealing two blank cheques, the property of Peter Martine Lansen, with intent to defraud. Three months in the second division. — [Pleaded guilty: See original trial image.]
446. WILLIAM ARCHIBALD PRICE (60) , to stealing an umbrella, the property of George Norton Watkins; also to stealing a suit of clothes and other articles, the property of William Mitchell; also to stealing and receiving a pair of trousers and other articles, the property of William Henry Webb; also to stealing and receiving a watch and other articles, the property of Stephen Ball; having been convicted of felony at Kingston-on-Thames on May 22nd, 1900. Nine other convictions were proved against him. Three years' penal servitude.— [Pleaded guilty: See original trial image.]
447. GEORGE ALBERT PHILLIPS (18) , to breaking and entering the dwelling-house of Thomas Cox, with intent to steal, having been convicted of felony on January 7th, 1901. Nine months' hard labour. — [Pleaded guilty: See original trial image.]
448. SIDNEY MATHEWS (20) , to embezzling ₤7 15s. 5d., ₤8 4s. 5d., and ₤3 3s. 8d., the moneys of Harry Rosenthal, his master; also to forging a cheque for ₤7 15s. 5d., with intent to defraud; also to endeavouring to obtain ₤6 10s. from William James Gillmore by false pretences. Six months' hard labour. — [Pleaded guilty: See original trial image.]
449. WILLIAM KESIAN HENDERSON (19) and FRANK HARLING (18) , to burglary in the dwelling-house of William Kerridge, and stealing ₤13 3s. and a quantity of cigarettes; also to a burglary in the dwelling-house of Edward James Shipley, and stealing a quantity of cigarettes and other articles; Henderson having been convicted of felony at Brentwood on August 9th. HENDERSON Eighteen months' hard labour; HARLING. Twelve months' hard labour. [Pleaded guilty: See original trial image.]
The prisoner stated in the hearing of the JURY that he was GUILTY , and they returned a verdict to that effect.— Discharged on recognizances.
MR. STEWART Prosecuted.
JAMES BROWN (City Detective). On June 1st; about 5 a.m., I was in Fleet Street with Police-constable Males—I saw the prisoners by the corner of Crown Court—they surrounded a man who was going westwards, carrying a wicker basket, and tried to force him to the side of the road; he forced them away, and they left him—they all three walked away from
Crown Court, when Anderson left the others and crossed the road, and caught hold of a man who was under the influence of drink, and pinned him against the wall, and called out to the other prisoners—a uniform officer went towards them, and they left him—they went down Fleet Street, and looked into the prosecutor's shop, 90, Fleet Street—there war jewellery in the window; there were no shutters; it has an iron grating—they went into St. Bride's Avenue—I saw Upton, another plain clothes officer, and told him I wanted him to watch St. Bride's Lane—Fleming was watching at the end of the lane, so that he could see people coming in from Bride Lane or Fleet Street—I do not think Fleming saw Upton—I rejoined Males, and we ran through Salisbury Court, and entered St. Bride's Avenue from the other end—I saw Anderson standing by St. Bride's Church door, and Nolan standing on some iron rails attached to the windows at the back of 90 and 91, Fleet Street—he had his hand on this piece of copper (Produced),which kept the fanlight up—if it was broken the window would be open; it is about 30in. by 20in.—there was a stool inside, so there would be no difficulty—Nolan was trying to break the copper, but he could only bend it, as he was not tall enough, so he got down—he went back to Anderson, who was still at the church gates—he went and mounted where Nolan had been, who took up the position of Anderson; Fleming was still at the other end of the court—Anderson mounted the rails, and gave this piece of copper two wrenches backwards and forwards, when Nolan rushed up and shouted, "Go on," and then ran away—Anderson jumped down and followed—I watched them go through the court and meet Fleming—they turned sharp to the left, which would take them into Fleet Street—I sent Males into Fleet Street, while I followed down St. Bride's Avenue—I saw the prisoners enter the bar of the King Lud, and immediately come out by the door on the left—I was standing outside the door—a uniform man came along—I caught hold of Nolan, and the other prisoners were caught by the other two detectives and the uniform man—they were taken to the station—in answer to the charge Anderson said, "I thought it was only a case of drink"—he was not drunk.
Cross-examined by Nolan. You did not have a drink in the King Lud—we let you go to Ludgate Hill before we arrested you, because we wanted all three of you.
Cross-examined by Fleming. I saw you standing at the corner of St. Bride's Avenue—I think you were keeping watch.
Cross-examined by Anderson. I saw you standing on the railings—you were not in the King Lud half a second.
WILLIAM MALES (408, City). On June 1st, about 5 a.m., I was with Brown in Fleet Street—we were in plain clothes—I saw the three prisoners there—Anderson crossed the road to a man who was the worse for drink, who lifted up a stick, and made as if he would strike Anderson, and the returned to the other prisoners—they all came down Fleet Street, and looked into 90 and 91—they then went into St. Bride's Avenue, in the rear of the jeweller's shop—Fleming placed himself at the end of the Avenue by Bride Lane, and Anderson went to the other end—Nolan climbed on some railings and tried to open a
window and break off this catch—he could not do it, and moved along the railings a little way—finding he could not do it, Anderson got up on to the railings, and just as he was going to force the catch off someone came into the court, and a signal was given by Fleming—they all ran down into Ludgate Circus and into the King Lud, and came out again—with the assistance of four other constables we arrested them—at the station I put Anderson into the dock, and he turned round and kicked me on my leg, cutting it open just below the knee—I was laid up for about a fortnight—he was then taken out of the dock and placed in the mustering room—he was very violent, and struck out in all directions with his feet and fists, and tried to bite anyone who got hold of him—he had to be held by six police officers—he said he would be quiet, and was put back into the dock—I was told to search him—he was being held by two officers, and he kicked me in the lower part of my abdomen—he was so violent that we had to put handcuffs on him to take him to the Police-court—in answer to the charge Anderson said, "I thought it was only a case of drink."
Cross-examined by Nolan. I did not take you to the station; you were behind me—I did not punch Anderson in the jaw while he was in the dock.
Cross-examined by Fleming. I saw you standing at the corner of Bride Lane, and saw you signal to the other two men.
Cross-examined by Anderson. You ran off before the others—I did not punch you when you were in the dock; you were not taken into the mustering-room, so that the other prisoners should not see what we did to you—no more force was used than was necessary to detain you in custody—I did not see you punched in the face by a constable.
JOHN UPTON (109, City). On June 1st, about 5 a.m., I received a communication from Brown, and in consequence I stood in Fleet Street on the right, by Cook's tourist offices—I saw Fleming by the comer of St. Bride's Avenue—he waited there about four minutes, and then walked to the corner of Fleet Street—Nolan joined him, and after a few seconds Anderson came up to them—they then separated and rejoined at the King Lud—with the assistance of other constables, they were arrested—at the station Anderson was taken to the mustering-room, because he was so violent.
Cross-examined by Fleming. When you were in Bride Avenue you moved to Bride Lane, so that you could see up and down Fleet Street.
Cross-examined by Anderson. You were not in the King Lud a minute; you went into the public bar one way, and came out the other—I did not see you punched in the face at the station.
By the COURT. I saw him kick the other constable; he kicked at all of us; we had to use great violence to keep him in at all.
LEONARD BROWN . I am a porter to Mr. Victor Luxenberg, a jeweller, of 90, Fleet Street—I secure the premises before I leave at night; we generally close at 8 o'clock; I leave at 8.15—there are some fanlights at the back—on the night of May 31st I left them open as far as the clasp would let them; the clasp was perfectly straight then—I next saw the fanlights at 8.55 a.m. on June 1st—when I arrived at the premises I was met by an inspector of police and a sergeant—I showed them the back premises—the
clasp was all bent—I was the first person to enter the premises—I did not bend the clasp.
Cross-examined by Nolan. I dare say a person could get into the shop without any tools, if they stood on the railings.
By the COURT. The clasp was in the same condition as it is now when I first saw it on June 1st—the inspector and sergeant did not bend it while I was there.
Re-examined. If the fanlight was swung back anybody could get into the shop; we have now had some iron bars fixed.
Nolan, in his defence, on oath, said that he never attempted to break into the shop; that neither he nor either of the others got on the railings; that none of them had any intention of committing a felony; and that they were all intoxicated.
Fleming, in his defence, on oath, said that he had not the slightest intention of committing a burglary; that he was with the other prisoners, whom he thought went there for convenience; that he passed on when a policeman came along; that they went to have a drink, and were taken into custody.
Anderson, in his defence, on oath, said that he did not know anything about the attempted burglary, and that he was drunk at the time.
GUILTY .—Six convictions were proved against Nolan; eleven against Fleming; and five against Anderson. †NOLAN†and FLEMING. Eighteen months' hard labour each; —ANDERSON. Twenty months' hard labour.
MR. MORTIMER Prosecuted.
JAMES HENRY HEATHMAN . I am a fire engine maker, of 37, Endell Street—the prisoner was my clerk for two years and three-quarters; his employment terminated on April 15th—I kept my cheque book in my desk, which I usually kept locked, but one day a gentleman came in, and I just put it into my desk, and went up to the factory—if the prisoner had been watching for an opportunity to get the book he could have done so then—I received a communication from the bank, and immediately examined my cheque book—cheque No. 549691 is missing as well as the counterfoil; the cheques on either side of it are intact—I had not drawn a cheque for ₤55 15s., nor had I given any authority to anybody to draw a cheque for that amount—I should say that the signature of this letter from the prisoner to Sergeant Lidlow is the prisoner's.
JOHN WARD RICHARDS . I am a cashier at the London and Westminster Bank, Bloomsbury branch—Mr. J. H. Heathman has an account there—on April 16th the prisoner came in to cash a cheque for ₤55 15s.—it was payable to someone, and was endorsed—I was not satisfied with the signature, and compared it with some of Mr. Heathman's signatures which we had in the house—I found that he had a book of 100 cheques, and the last cheque he drew was in the teens, and this one was in the nineties—the prisoner did not say anything to me when he handed me the cheque, except that he wanted ₤50 in gold and ₤5 15s. in silver—I showed the
signature to the manager—I gave the cheque back to the prisoner, and wrote, "Signature differs" on it—some time later I went to Bow Street and identified the prisoner from among about a dozen others as the man who had come on April 16th.
LEWIS LIDDELOW (Detective Sergeant, K). On May 15th I received a letter signed "V. Smeeton"—(This stated that the prisoner heard he was wanted, and was willing to come forward, but knew nothing about the cheque, and that he would meet the sergeant outside the Princess Alice at 9.30 on the following Thursday.)—I went to the Princess Alice and met the prisoner—I said, "Are you Smeeton?"—he said, "Yes"—I said, "The charge is for forging a cheque for ₤55 15s. on the 15th of last month"—he said, "I know nothing about it"—he was taken to Bow Street Police-station.
WILLIAM STEPHENS (Police Sergeant, E). I received the prisoner into custody at Bow Street Police-station on May 16th—I read the warrant to him—he said, "What has become of the cheque?"—I told him it was handed back to the person who attempted to get it cashed—he said, "How are you going to prove the case?"—I said, "You are going to be placed among a number of other men, and if you are identified by the cashier you will be charged"—he was identified, and was charged—in reply he said, "I deny it."
The prisoner's statement before the Magistrate: "I deny it. When I heard I was wanted I at once gave myself up to Sergeant Lidlow. I always understood that Mr. Heath man kept his cheque book under lock and key; I never had access to it."
The prisoner, in his defence, said that he knew nothing about it, and was with his mother from 10 o'clock till 1 o'clock on April 16th.
GUILTY .—The prosecutor then stated that he had discharged another clerk because he had missed quantities of postage stamps, and who had been accused of stealing them by the prisoner.— Eighteen months' hard labour.
453. WILLIAM BELCHER (32) PLEADED GUILTY to stealing in the dwelling-house of Charles Manton Rose a watch and other articles, the property of Ann Miller; also to stealing in the dwelling-house of Amy Norwood a brooch and other articles, the property of Amy Norwood. ( See next case.)
454. WILLIAM BELCHER was again indicted, with FREDERICK SWANNELL (32) , for stealing in the dwelling-house of Emma Headley a brooch and ₤1 10s., her property, and a watch and other articles, the property of Eleanor Phillips, to which BELCHER PLEADED GUILTY .
MR. MORGAN Prosecuted.
EMMA HEADLEY . I am a widow, and reside at 32, Abercorn Place, St. John's Wood—I have an arrangement with the London and Suburban Window Cleaning Company to clean my windows every month—Swannell has been to my house to clean windows—I know Belcher by sight—they both came to my house on June 6th to clean windows—they said they had been sent by the London and Suburban Window Cleaning Company—they were
in my house about 20 minutes—I sent them upstairs—I did not see them do any work—after they had gone I missed some jewellery, valued at ₤3, from my bedroom—Miss Phillips, a governess in my house, missed some too—information was given to the police, and the prisoners were arrested.
ANNIE COOK . I am a domestic servant in the employ of Mrs. Headley—on June 6th, about 4 p.m., the two prisoners came into the house to clean windows—the nursemaid opened the door to them—I saw Swannell come out of a bedroom on the top landing—I saw that he had been drinking—he seemed surprised and agitated—I did not see him again till he was going out of the house—I saw Belcher with him going down the passage, and I looked out at the window, and saw them going very fast down Abercorn Place—they generally brought a paper, which we signed, to say that they had done their work satisfactorily; they did not have it signed on this occasion—they did not do their work, because they were not in the house long enough—Miss Phillips missed ₤30 worth of jewellery, and my mistress ₤3 worth—the prisoners had been into every room, and opened every drawer—information was given to the police within 10 minutes.
JAMES WALTERTON . I am the proprietor of the London and Suburban Window Cleaning Company—Swannell was in my employ in March last—he had been in the habit of cleaning windows at Mrs. Headley's; he was not in my employ on June 6th; he was last in my employ the last week in March—Belcher was never in my employ—Swannell had no authority from me to go to Mrs. Headley's.
Cross-examined by Swannell. I never knew anything about you.
By the COURT. He left because he was simply an odd man, and we did not require his services.
ELEANOR PHILLIPS . I am a governess, and live at Mrs. Headley's—I was not at home when the prisoners came to the house on June 6th—I went to my bedroom some time afterwards, and found that a watch and a quantity of jewellery, which I value at ₤30, was gone.
BEATRICE QUANTRIL . I am a nursemaid in Mrs. Headley's service—I remember the prisoners coming to the house on June 6th to clean windows—the gong was sounded for tea, and Swannell said to me, "Where do they dine?"—I said, "In the dining-room on the ground floor"—he said, "Do they always dine there in the dining-room?"—he had been in the habit of coming to the house to clean windows.
Swannell, in his defence, said that he went out window cleaning, and met Belcher, who asked him to help him; that while he was doing the windows he missed Belcher; that they went out, and Belcher told him what he had done; but that he did not know it before leaving the house.
SWANNELL. GUILTY . The police stated that BELCHER had committed several larcenies of a similar character, and was a clever thief Six years' penal servitude. —SWANNELL received a good character; Six months' hard labour.
NEW COURT.—Tuesday, June 25th,1901.
Before Mr. Common Serjeant.
455. GEORGE WATSON (22) PLEADED GUILTY to stealing a watch, the property of John Williams, from his person, and to a conviction of felony at this Court as Richard Canter in February, 1899. Two other convictions were proved against him. Twelve months' hard labour. —
456. GEORGE BODELL (22) , to stealing a watch, the property of Gustav Schloss, from his person, and to a conviction of felony at this Court in September, 1899. Other convictions were proved against him. Three years' penal servitude.— [Pleaded guilty: See original trial image.]
457. CHARLES MOORES (25) , to stealing ₤12 11s. 5d., the money of Messrs. Wightman and Co., and to a conviction of felony at Birmingham on January 6th, 1898, in the name of Herbert Moore . Another conviction was proved against him. Twelve months hard labour , and two years' police supervision .— [Pleaded guilty: See original trial image.]And
(458) EDWARD HENRY KNIGHT (59) , to obtaining ₤50 from Charles Lache by false pretences, with intent to defraud; also to incurring a debt and liability for the payment of ₤50 from the same person, with intent to defraud, and to a conviction of felony in February, 1899, at this Court. About ₤530 had been traced to have been obtained by the prisoner by like frauds.— Three years' penal servitude. [Pleaded guilty: See original trial image.]
(For other cases tried this day, see Surrey Cases.)
OLD COURT.—Wednesday, June 26th,1901.
Before Mr. Justice Grantham.
MR. OSWALD Prosecuted.
JOHN STOKES . I am a carpenter, of 153, Asylum Road, Peckham—on April 29th, about 4 p.m., I was in the Albert public-house, Victoria Street, with a man named Hutchins, the prisoner, the deceased, and one or two others, having refreshments—it was proposed that we should go some where and have a game of bagatelle, and Hutchins and I went to the Stag, and the deceased and the prisoner followed afterwards—westayed there about three hours—the deceased left to go home about 10 p.m.—I went with him—we were standing talking outside when the prisoner came out and asked the deceased for 6d., an old debt, which he owed him—they had a few words, and the prisoner struck the deceased, who took off his coat and they fought—during the fight the deceased fell on the back of his head—they seemed to be wrestling—they were very close together, and during the struggle the deceased seemed to fall away on the back of his head—he became unconscious—I picked him up, and another man assisted me to hold him—we took him to Victoria Station—he got better and left me—I last saw him about 11.20 at St. George's Hospital.
By the COURT. They were using their fists—I should say the prisoner was the bigger man—when the deceased fell the prisoner stood still—he did not say anything—he followed us to Victoria—the prisoner asked the deceased again for 6d., and he refused—it was after the fight that the deceased disputed owing the prisoner 6d.
HARRY WALLER (227 B. On Tuesday, April 30th, about 12.40 a.m., I found a man unconscious in Wilton Road, just outside Victoria Station—he was sitting on the pavement, leaning against some railings—I took him to St. George's Hospital in a cab—he remained unconscious all the time.
THOMAS CRISP ENGLISH . I am a registered medical practitioner and house-surgeon at St. George's Hospital—on April 30th the deceased was brought there at 1 a.m.—I did not see him on admission; I saw him the game evening—he was unconscious, and suffering from compression of the brain—there was a large bruise behind and above his right ear, braising about his left hand, no bruising on his face, and no other external injuries—we had a consultation, and decided that we would trepan him, which we did—he did not recover consciousness, and died at 11 a.m. on May 1st—I made a post-mortem examination, and found a large amount of blood compressing the brain, which was lacerated, and there was a fracture of the base of the skull—the cause of death was compression of the brain following those injuries—such injuries could be caused by the fall he received.
ISRAEL BEDFORD (Detective Sergeant, B). I arrested the prisoner at the Coroner's Court in Horseferry Road on May 6th—I told him he would be charged with the manslaughter of a man named Quilley—he said, "All right"—before the Magistrates he said he would reserve his defence.
The prisoner, in his defence, on oath, said that he asked the deceased for sixpence, which he owed him, and that he refused to give it to him; that they had a fight, and that the deceased fell down; that he (the prisoner) assisted to get him round, and that they all went down to Victoria Station; that the deceased went into a urinal, and he did not see any more of him; that he did not hear any more of it till May 4th, when he went to the Coroner's Court, and gave himself up; that he had known the deceased 10 years, and had never had a cross word with him.
NOT GUILTY .
MR. WARBURTON Prosecuted.
JAMES DATTEN (527 X. About 9.40 p.m. on June 7th I heard cries of "Murder!" and went to 30, Cressey Street, Notting Hill, which is a lodging-house for single men only; women are not permitted to lodge there—I saw the prisoner; she was holding the prosecutor with her left hand, and in her right she had a knife in a raised position—I took it away—she said, "I went to kill him; I meant to do it; he has deceived me"—I took her to the station, where she was detained—she said, "I sharpened the knife on the doorstep; I meant to kill him"—the prosecutor had a gash on the left side of his neck—this is the knife (Produced)—as I entered the room another woman was holding the prisoner's hand, but as I went in she let go of her and called my attention to her.
ROBERT ALEXANDER JACKSON . I live at 11, Portland Road, and am Divisional Surgeon of Police—on the night of June 7th I was called to Notting Dale Police-station, where I saw the prosecutor—he was suffering
from an incised wound on the left side of his neck, about 1 1/4 in. long and 2/3in. deep—I did not examine it very carefully, because as he was bleeding so much, I plugged the wound and bandaged it, and sent him to the hospital—it was in a dangerous part—if it had been a little more forward it would have been fatal—it could have been caused by this knife—I after-wards saw the prisoner—she had a piece of skin off her right thumb, and two small pieces off her finger.
JAMES OLLEY . I live at 30, Hunt Street, Latimer Road, and am a 'dealer—I have lived with the prisoner as her husband for about nine years—on June 7th we had a quarrel—I had left her then about a fortnight—I was living at a lodging-house where only men sleep—she came there—I was in drink—I remember giving her a shove—she asked me to go home to her and her children—I said I should go where I liked—she said, "Your place is at home with the children"—I went to walk away, and she catches hold of me and said, "You are not going to stop in a lodging-house"—I hit her, and I received a blow on the back of my neck—I did not see anything in her hand—I believe a constable came in then—the next thing I remembered was being at the hospital; I am still an inmate there—I used to use this knife at home—the lodging-house is about two minutes' walk from where we lived.
Cross-examined by the prisoner. I believe I said that I was going to live with a woman opposite—I cannot say if I said, "I am not married to you, and I am not bound to keep the children "—I know I have not treated you with justice.
By the COURT. I have had six children by her; three are living and three dead—the eldest is seven years old—she did a bit of charing—I do not wish to have her punished at all; a great deal of it is my fault JANE WOODHOUSE. I am the wife of George Woodhouse, the care-taker of the lodging-house at 30, Cressy Street—I heard a noise on this night—I went into the yard and saw the prisoner holding the prosecutor 'with one hand, and a knife in the other—I got hold of the hand which lield the knife; her right hand, I think—she said, "I meant to kill him"—a constable took the knife away from her—I got her into the kitchen—the prosecutor was bleeding very much—I had seen the prisoner a few nights before; she had asked if her husband was stopping in the lodging-house—I said, "Yes; don't you want him to stop there?"—she said, "Yes, because we have had a bit of a 'tiff' and I know where to find him"—the beds are clean, and I know there are no women there.
Cross-examined. You had hold of his neck.
EUGENE MICHAEL NIELL . I am house-surgeon at the West London Hospital—the prosecutor was admitted there on June 7th, with a wound behind his left ear, about 1in. long and 2in. deep, from which blood was flowing—he was restless and pale, but seemed conscious—the wound was serious on account of its depth—he was detained until June 22nd—I have not seen him since then—this knife might cause the wound—much force would be required to cause it.
The prisoner's statement before the Magistrate: "I am very sorry."
GUILTY on the Second Count .—Strongly recommended to mercy by the JURY. The police stated that the prisoner had a husband living at Norwich; that she had used a knife on two previous occasions, once on the prosecutor
and was convicted at this Court (See Vol. CX.XXII., page 766.)— Eighteen months' hard labour.
MR. A. GILL Prosecuted, and MR. PURCELL Defended.
During the progress of the trial the JURY, at the suggestion of the COURT, returned a verdict of NOT GUILTY .
MR. TORR Prosecuted.
At the suggestion of the COURT, the JURY stopped the case on the ground of insufficient evidence, and returned a verdict of NOT GUILTY .
NEW COURT.—Wednesday, June 26th,1901.
Before Mr. Recorder.
463. EMANUEL SNIDER (21) and THOMAS GREENWOOD (25) PLEADED GUILTY to breaking into the counting-house of Henry William Barker, and stealing 124 metal tickets and other articles, his property.— Six months each in the second division. The COURT commended the conduct of the police.
FRANK TIZZIONI . I am a plasterer, of 15, Gloucester Street, Mount Pleasant—on June 2nd I was in Warner Street, and saw the prosecutor there—the prisoner went behind him—he said, "What do you want" and the prisoner struck him in his back with a knife, and went down Warner Street—I saw blood—I took him to the hospital, and found he was stabbed on his back—the prisoner is an Italian. (The witness then repeated his evidence in Italian to the prisoner.
The prisoner. I deny it.
LAZARUS SALCRZA (Interpreted). On June 2nd, about 9.20, I was I passing through Warner Street, and was followed and struck—I said, "What are you striking me fort"—Iran away—he ran after me and struck me in my back—the prisoner is the man—it was found at the hospital that I was wounded in my shoulder—I was detained there—I never saw the prisoner before.
HERBERT GEORGE (Policeman).) On June 3rd I arrested the prisoner in Warner Street about 12.5—he said in English, "Where is the other man gone?"—he was taken to the station, placed with two other men, and identified by a man named Monico—he speaks English well.
LOUISE GARRETT ANDERSON . I am house-surgeon at the Royal Free Hospital, Gray's Inn Road—on June 2nd the prosecutor was brought there suffering from wounds, one of which was more than an inch deep—he was treated, and he afterwards came back—it might have been done by a small knife—there was a clean cut in his coat.
The prisoner called
By the COURT. I do not remember what Sunday it was—I met him at Polioni'e, and he told me he had stabbed a man, but I did not believe him.
GUILTY .—The police stated that it was believed that the prisoner had stabbed the wrong man in mistake.— Three months' hard labour.
MR. FITZGERALD Prosecuted.
HENRY DAVIS . I am a labourer, of Sunbury—on May 15th, about 7.30 p.m., I was lying on the high road asleep, and the prisoner got on me and put his hand in roy pocket—I shouted, "Oh, he has robbed me!"—he struck me—I got up and lost sight of him—I went to the Police-station—I recognised him at the station on Friday morning—I have known him 10 years—I lost a florin, three sixpences, and some bronze.
Cross-examined by the prisoner. A gentleman gave me 3s. for an account and I got a halfpenny sheet of paper in a pub and wrote out an account—there was a wedding, and I went home to put a collar on and make myself smart, and I had my dinner, and did not see you again till 5 o'clock—I did not catch hold of you and say that I would have my money back, nor did I fall on top of you.
ELIZABETH MOORE . On May 15th, about 7.30, I was walking with my daughter and her baby in Han worth Road, and saw Davis on the ground, and the prisoner struggling with him, and fighting him—he ran away and looked in his hand, and then put some money in his pocket—I did not see it, but I heard the clink of it—I saw the prisoner again on the Sunday.
Cross-examined. We were standing to see the bride go by—I saw you strike the man and kick him—I had seen you before, and I saw you on the ground with him.
JANET MOORE . I am a daughter of the last witness—on May 15th I was walking with her in Han worth Road about 7.30, and saw the prisoner and prosecutor struggling, and as the prisoner passed me I saw some silver in his hand; he put it in his pocket.
ALBERT HEDGES . On Wednesday, May 15tb, about 7.30, I was in Han worth Road and saw Davis lying on the grass asleep; the prisoner put his hand in Davis' pocket—Davis called out, "I am robbed"—I picked the prisoner out from several others.
THOMAS WHITE (Police Sergeant). On Thursday, May 16th, about 2 p.m., Davis made a communication to me, and I went with Rudge to Green Lane, Sunbury, and saw the prisoner lying in a hedge opposite his mother's house—as soon as he saw me he ran away—I afterwards found him in a shed, and told him I should take him for robbing Davis—he said, "All right"—I found on him 6s. 6d. and a match-box—he was placed with other men; the witnesses were called in singly, and each of them identified him.
Prisoner's defence: We had been together all day. He left at 4 o'clock, and at 7.30 I found him lying on the grass asleep. I shook him, and he did not move, but when he did he accused me of stealing his money. When he got up he said, "All right, I will make you pay for this; I am robbed." Next day I was stooping down in the shed, and the detective came and arrested me.
GUILTY of simple robbery . A previous conviction of assault was proved against him.— Six months' hard labour.
MR. MAT Prosecuted.
AGNES VILLA . I am a window—MaY 6th about 6.30 a.m. I was with Mrs. Needham in an eel-pie shop, where I changed a half-sovereign—I got 98. 6d. change, which I put in my purse and put it ia my pocket, and when I came out the prisoner put his arm round me and said, "Well, old girl"—I did not know him before—he knocked me down in the road, and ran away—I got up, put my hand in my pocket, and missed my purse—I saw him afterwards and recognised him.
Cross-examined by the prisoner. I did not say to you, "I think you are the man by your voice"—I did not feel your hand in my pocket, but you are the only man who touched me and knocked me down.
By the COURT. About 10 minutes elapsed between my putting the money in my purse and his knocking me down, during which time I had been in the shop—there were only one or two persons in the shop.
ALICE NEEDHAM . I live at 18, Bartholomew Square, St. Luke's—on May 6th, in the evening, I was with Mrs. Villa, and saw her pay for some eels with a half-sovereign, and put the change in her pocket—I saw the prisoner in the shop eating eels—he put his arm round Mrs. Villa, and hit her and knocked her down, and walked away—she got up and missed her purse—next day Mrs. Villa and I were on Clerkenwell Green, and saw the prisoner—he was given in custody.
Cross-examined. I saw nothing to raise my suspicion—I did not see you take her purse.
CHARLES KNIGHT (25 ER. I was on Clerkenwell Green on May 7th, about 3 p.m., and was called to arrest the prisoner—I told him the charge; he said, "I know nothing about iv; you take me for another man."
Prisoner's defence:On the night of the robbery I was in Blackfriars Road, trying to get a job. The woman says I struck her on her nose, but she had no mark.
GUILTY .—He then PLEADED GUILTY to a conviction at Clerkenwell on August 8th, 1900; and 17 other convictions were proved against him.— Five years' penal servitude.
the passage—I said, "I am going to arrest you for stealing a post-letter and' a cheque for ₤50 on March 8th or 9th"—the woman said, "Oh, has it come to that; we were coming up to see about it?"—the prisoner said, "Can't we come to some arrangement about it"—on the way to the station the prisoner said, "I hope you will keep my mother out of it"—we searched the place, and found some letters—he was charged, and made no reply.
Cross-examined by the prisoner. You did mention about coming to an arrangement, and you told me where to find your mother, but you knew she was not there—you did not have stimulants at the Railway Hotel and several houses on the road.
WALTER HENBEST . I was with Walters, and heard the prisoner say, "Can't we come to some arrangement?" and at the station he said, "This is very unpleasant for me; there is a lot in the way it is being done, as I told Sergeant Walters; the principal is the man who mentioned it, but I do not know where he is now."
BEATRICE LOUISA MEAKIN . I live at 126, Brixton Hill—I have known the prisoner and his family 15 months well, and I have been constantly at their house—on March 9th the prisoner's mother came to my door, and he was outside; I went out with them shortly afterwards—he took us into the White Hart, and changed a sovereign there—I know his circumstances, but cannot say how he earns his living—after that he took us to the Prince of Wales Hotel—he produced a sovereign on two occasions.
Cross-examined. I am positive it was a sovereign on both occasions.
EFFIE PRISCILLA LANCASTER . I am the wife of the Rev. Thomas Lancaster, of Barnsbury—on March 6th I was at Ware, and sent a cheque for ₤50 on Prescott's Bank to Miss Woodward, of 9, Highbury Crescent West—I did not post it myself; I sent it—this is it (Produced).
NOT GUILTY .
THIRD COURT.—Wednesday, June 26th, 1901.
Before Mr. Common Serjeant.
468. GEORGE JONES (25) PLEADED GUILTY to robbery with violence on Thomas Green, and stealing part of a watch chain. He had been twice convicted, and was an associate of thieves.— Twelve months' hard labour. And
MR. COHEN Prosecuted.
GEORGE UNDERWOOD . I am an engine-fitter, of 105, Choppin Road, Leytonstone—about 12.30 on May 25th I was walking towards Limehouse Town Hall; I asked the prisoners for a match—they were with two others at the corner of Burdett Road—they gave me one—Pilsh hit me on my face; I went on my back, they went through my pockets, wrenched my waistcoat open, and took my watch and chain—I saw it was Smith who had them—my chain was hanging through my button-hole—I value the watch at ₤2; it is an old one given me in remembrance of my brother—I lost a ring off my finger, a half-sovereign, a florin, and some coppers from my trousers pocket—one of them said, "Here comes the Roger," and they jumped up and ran away—all four men were robbing me—I lost sight of them for two or three minutes—I next saw the prisoners with two policemen, and recognised them—I received this bruise on my face; my wrist is cut, and I had a blow on my back—I was bruised on my hip, kicked on my leg, and I had marks across my shoulder—Pilsh hit me on my cheek-bone, not on my mouth; that is a mistake.
Cross-examined by Pilsh. I asked for a match, as I was coming from the Commercial Road—it was lightish, lamplight only.
EDWARD DANIEL (399 K. About 12.30 on May 25th I heard cries of "Police," as I was stationed in the Burdett Road, which runs into Bow Road at the other end—I was with Fagg—we ran in that direction, and at the corner of Clement's Street saw the prisoners running towards us at a pretty sharp trot; then they started to walk—we stood back at the side of a shop till they came to the corner of Locksley Street, when we stopped them, and asked why they had been running—Smith replied, "We have not been running, only walking a bit sharp"—I asked why they were out of breath and panting—Pilsh replied that he had been under a doctor for three months, suffering from a weak chest—we took them towards where we heard the noise, and met the prosecutor, who said he had been knocked down and robbed by four men—we asked him if he knew the prisoners—he said Pilsh was the one that knocked him down, and Smith was one of the three who knelt on him and robbed him—they made no reply—I took them to the station—they were charged—they made no reply—as Pilch was searched he said, "I suppose we shan't get more than 18 months for this, governor?"—nothing was found on Pilsh.
WALTER FAGG (785 K). I was with Daniel, and heard the prosecutor say he had just been knocked down and robbed by four men—he identified the prisoners as two of them—I searched Smith—in his right-hand pocket I found this watch and chain, which Underwood identified—in his right trousers pocket was 4d. bronze, and in the left these keys.
Cross-examined by Smith. Neither of us struck you.
The prisoners' statements before the Magistrate: Smith says:) "I am innocent; I picked the watch and chain up in the street." Pilsh says: "I met the prisoners, and we had only walked four steps when the constable took us."
Smith's defence: The keys were those of my street-door and of my clothes-box.
Pilsh's defence: The police assaulted us; I had never seen Smith before; I met him that night; I sell watercress and spring onions.
GUILTY .—PILSH then PLEADED GUILTY to a conviction of felony of Clerkenwell in October, 1899, in the name of Thomas Keating, and another conviction was proved against him.— Fifteen months' hard labour; SMITH— Twelve months' hard labour.
MR. BUSZARD Prosecuted.
GUILTY.—Recommended to mercy by the JURY on account of his age .— Three months' hard labour.
MR. FLEMING Prosecuted.
DAVID FELIX . I live at 133, New Road, Whitechapel—on May 8th I was walking in Pelham Street, Spitalfields, between 8.30 and 9 p.m., when a man gave me a heavy blow on my left eye, another on my right eye, and another on my forehead, and took my watch and chain—I felt him take them—this is my watch (Produced)—I got hold of him, and he fell with me—I lost consciousness—I was treated by a doctor at Commercial Street Police-station, and was attended a week after that—I was going towards a urinal, but some yards from it.
Cross-examined by the prisoner. I was quite 10 yards off the urinal.
LOUIS TOBE (Interpreted). I am a boot-finisher, of 34, Pelham Street—I saw the struggle between the prisoner and the prosecutor, and ran up, and seized the prisoner by the lapel of his coat, and held him till the police came—I saw the watch and chain in his hand, snatched them from him, and handed them to the officer who arrested the prisoner—I went with them—the prisoner was biting the prosecutor's hand; he gave him a blow and then a bite—he hit him in the eye on the ground—people were holding the prisoner on the ground, so that he should not escape.
SOLOMON GINSBERG . I am a cabinet-maker, of Italian Buildings, Flower and Dean Street—I was in Brick Lane on May 28th—I saw a row at the corner of Pelham Street—I went up, and saw Felix and the prisoner on the ground; Felix was holding him by the shoulder—Felix was bleeding—the prisoner tried to run away; he had the watch in his hand—I caught him by the shoulder, and did not let him run till a constable came—I saw him fight with his hand.
THOMAS TOMLINS (363 H). I was on duty in Brick Lane on the evening of May 28th—I heard cries of "Police!" and ran to Pelham Street, Brick Lane, where I found Felix lying on his back and the prisoner on the top of him—I pulled him off, and asked what was the matter—Felix said he had been knocked down and his watch taken—Tobe handed to me his watch and chain—Felix was a little the worse for drink—the prisoner was sober—I took him into custody—when the charge was read over he made no reply.
Prisoner's defence:I am not the man.
GUILTY .— Twelve months' hard labour
MESSRS. BODKIN and ARNOLD Prosecuted.
EDWARD PARSONS (Police-Sergeant, G). I saw the prisoner on March 17th, about 4 p.m, at 214, Pentonville Road, where he was employed—I said, "I am a detective officer; I shall take you into custody for feloniously intermarrying with Alice Maud Willis on June 30th last year, your wife Amy being then and now alive"—he said, "Yes; that is right"—I took him to the station—on the way he said, "When I married Miss Willis I believed my first marriage to be illegal, as we were both under age when we were married"—he also said, referring to his first wife, "I have made her an allowance up to the present"—when the charge was read over he made no reply—I found on him this envelope, addressed to his wife; "Mrs. Aylmore, Box Office, Morton's Theatre, Greenwich"—I produce the certificate of the first marriage—it states the age of both parties as 21—the date is May 12th, 1894, and the marriage is between Charles Edward Aylmore and Amy Barry Lambert, at the Registry Office, Greenwich—the second marriage was on June 30th, 1900, between Charles Edward Aylmore and Alice Maud Willis, at the Registry Office, Croydon—I have compared these copies of the certificates, of the two marriages with the entry at the registry—they are correct.
ALICE MAUD WILLIS . I lived with the prisoner at Stroud Green and at 68, Stapleton Road—I went through the form of marriage with him on June 30th, 1900, at the Registry Office, George Street, Croydon—I had known him about 19 months—I did not know he was married—he represented himself as a bachelor—there is one child—this envelope, with the postmarks April 19th, 1901, is addressed in his writing—I received at from his wife—he has treated me with every politeness and respect.
Cross-examined by the prisoner. On several occasions you attempted to break off our acquaintance—I believe you went to Lisbon—I did not threaten to take my life if you did not marry me before the child was born; you used to suggest that the best thing would be to do away with ourselves—I should never think of taking my life for anything—I never wrote to say that I would put an end to myself.
ERNEST WILLIAM BLAKE . I lived at 8, Royal Terrace, Church Road, Croydon, till last week—I was present at the Registry Office, East Greenwich, on May 12th, 1894, when the prisoner was married to Amy Barry Lambert.
The prisoner's statement before the Magistrate: "I was firmly of opinion when I went through the second marriage that the first marriage was not binding for the reasons I have already given. I have made my first wife an allowance of ₤40 a year." He repeated this statement in his defence.
GUILTY .— Five months' hard labour.
OLD COURT.—Thursday, June 27th, 1901.
Before Mr. Justice Grantham
—WOODLKY (343 H) produced and proved a plan of Pennington Street and Wellclose Square.
BENJAMIN LEESON (282 H). On May 15th, about 11 p.m., I was with Rutter, both in plain clothes, at the corner of Neptune Street and St. George's Street—I saw McGuire and Muller walking and talking together, and a few paces in front of them I saw Levinski and a fourth man, who is not in custody—when I last saw them they were crossing the road in the direction of Breeze's Hill, which leads to Pennington Street—I had seen the prisoners and the other man together at 10.30 the same evening in Leman Street—I had seen them before that day.
Cross-examined by McGuire. I had you under observation—I am out to take notice of people.
Cross-examined by Levinski. I am perfectly sure you were in Neptune Street.
Cross-examined by Muller. I saw you with McGuire about 11 o'clock on that night.
HENRY RUTTER (234 H). I was with Leeson on May 15th; we were in plain clothes—in Neptune Street I saw McGuire and Muller, and Levinski and another man were in front of them—they went down Neptune Street into St. George's Street, where we lost sight of them.
Cross-examined by McGuire. I did not go to your cell the night you were arrested and ask you what you would do for me if I kept the prosecutor away—you did not say you had no money, nor did I say, "Well, I cannot do anything without it."
Cross-examined by Levinski. I first saw you between 10.30 and 11 p.m. in Leman Street—I was at the corner of Hooper Square and Leman Street—I did not follow you, because you knew me, and it would be no good—Neptune Street is not very dark; there are two or three lamps and a public-house at the corner—I know you to be a friend of McGuire; I have seen you constantly together—I did not see the robbery done—the only time I ever saw you at work was once when you had a costermonger's barrow with some dice and a cloth.
Cross-examined by Muller. I swear I saw you with McGuire; I took particular notice of you, knowing what a dangerous man he is.
WERNER URBAN . I am a labourer, of 5, Ellen Street, St.George's-in-the-East—on May 15th I was in Leman Street about 10p.m.—I met a young woman there, and walked with her down Leman Street into Pennington Street—I do not know where Artichoke Hill is—in Pennington Street the pavement is rather narrow—the woman was walking a little in front of me—three fellows came up, and Levinski seized me by the throat, and one struck me in the face and knocked me down—Levinski also struck me in the face, and one fellow was kneeling on me—I was laying on my back—one fellow was on my left side, and cut my pocket out—I called out for help, and Levinski, who had still got me by the throat, struck me again in the face—I kept quiet then—the police came up, and the men all ran away—I had 8s. or 9s. in my pocket, which were taken.
Cross-examined by McGuire. I could see Levinski, because I looked straight up at him—I do not know who it was kneeling on my chest—I cannot recognise you—I do not think I should know the other men; I did not see their faces; I saw the back of one of them—I do not know you—I think you were there.
Cross-examined by Levinski. I recognise you; you were at my back—the man on my chest was in front of me—his face was towards my feet—I looked right up, and saw your face when you had hold of my throat—I saw your face for about two minutes—I think you had a dark cap on; it was on the back of your head—I do not know who the woman was—she followed me and asked me for a drink—I have not seen her since—when the policeman had you by the arms I said, "That is the man," and you said, "What do you want with me?" and I hit you—I did not cut you—I wanted to hit you again—I was excited, and you had had me by the throat—I do not think I said at the Police-court that I was not struck, and if I did I was wrong—I was quite sober on the 15th; I had had only two drinks all day—I was not in the Police-station all day for being drunk—I was working till 8 o'clock at night.
HENRY WARNFOLD (406 H). About 11.10 p.m. on May 15th I was in Pennington Street, at the corner of Artichoke Hill, talking to Police-constable Skellington—I heard a scuffling, and a muffled scream for help—we ran towards the spot, and in Pennington Street I saw the prosecutor lying on his back on the footway—Levinski was kneeling on his left side, with both hands on his throat, holding him to the ground—McGuire was kneeling across his thighs; Muller was kneeling on the opposite side of him, reaching across him, and tampering with his left trousers pocket—when we got within about seven yards of them a woman who was standing near, and who had evidently seen us, shouted out, "Police!"—the three prisoners immediately released hold of the prosecutor and ran away going westward along Pennington Street—we followed them; Levinski turned up Breeze's Hill—at the top a constable named Baker was stationed—I called out, "Stop him!"—Baker did so, and I went up to Levinski—he said, "It was not me; it was the others"—he was taken into custody—he was very violent on the way to the station—whilst we were struggling with him I heard a report of a revolver—Levinski made no reply to the charge—the revolver was not fired by him—on Saturday, May 18th, about 2 p.m., I saw Muller at Leman Street Police-station amongst 14 others, some of whom were foreigners—I identified him as the man who took part in the robbery on Wednesday night—he was the one who was tampering with the prosecutor's pocket—we afterwards discovered that the pocket had been completely cut out.
Cross-examined by McGuire. I saw you kneeling across the prosecutor's thighs; you had your back towards me—I do not know if the prosecutor could see you.
Cross-examined by Levinski. When I first heard the cry we were about 33 yards away, and we got within seven yards before you got the alarm—I am sure I saw you with your hands on the prosecutor's throat—you had no hat on—I do not think a man could have seen another man's face 30 yards away—you were two or three yards away from the public-house on Breeze's Hill when I arrested you—you stopped running half way up the
hill; I never lost sight of you—I do not know who the woman was; I have not seen her since.
Cross-examined by Muller. I do not know if you have ever been made out a thie—you had a hard felt hat on.
ROBERT BAKER (124 H). On May 15th I was on duty in St. George's Street about 11 p.m.—I saw Levinski running up Breeze's Hill, followed by Warnfold—I stopped him—he said, "I am not the man; I am running after another man"—he made several attempts to strike me, and threw himself on to the ground—the prosecutor came up and said, "That is the man who had me by the throat"—Levinski could hear it—he did not say anything—we took him to the station—whilst I was on Breeze's Hill I heard two distinct shots fired, one in the direction of Leman Street, and one in the direction of Wellclose Square—I do not think Levinski made any answer to the charge
Cross-examined by McGuire. I saw you at 10.50.
Cross-examined by Levinski. You were running up the left side of the hill—I do not believe you had a hat on; I think you lost it coming up the hill.
ARTHUR SKELLINGTON (183 H). I was with Baker at the corner of Artichoke Hill—my attention was called to a noise—I went a few yards along Pennington Street, and found the prosecutor on the ground—Levinski had both his hands round the prosecutor's throat; McGuire was kneeling on his thighs, assisting to hold him down; Muller was on the other side of him facing me, and reaching over to the prosecutor's pockets—we got within four or five yards of the prisoners, when they let go of the prosecutor and ran away; they had evidently seen us—a woman was there, and she shouted out "Police!"—at first they all ran along Pennington Street to the corner of Breeze's Hill, and Levinski ran up Breeze's Hill—I went after McGuire and Muller, who ran up Virginia Street into St. George's Street—I lost sight of Muller—I continued to pursue McGuire—in St. George's Street he was met by Police-constable Edwards, who tried to arrest him, but failed—he then turned round and ran towards me—when he saw me he turned up Neptune Street—Edwards joined in the pursuit—in Neptune Street McGuire drew a revolver from his right-hand jacket pocket and fired at Edwards, and shouted at the top of his voice, "If you come for me, I will do for the b——lot of you"—we both continued to run after him—he turned into Wellclose Square; Edwards and I were both together then, but I gained a little on Edwards—after McGuire had got a few yards into the Square he fired again at me; he was 10 or 12 yards from me—after he had fired he said, "I will blow your b—liver out"—the weapon was pointed at us on both occasions at arm's length—after the second shot was fired I saw him change the revolver to his left hand, put his right hand into his pocket, and then put the revolver into his left pocket—he went on running and walking away—we attracted his attention from behind, and then Edwards arrested him—several people were there then—when he was arrested he dropped the revolver—I went up to him, and he said, "You are a tricky lot,ain't you!"—this is the revolver (Produced)—I examined it at the station—there are six chambers; five were loaded—in the other chamber there was an empty artridge—Edwards found four full cartridges in his right hand trousers
pocket, which was the same one that he had put his hand into after the first shot—on the following Saturday I was called to the station to identify Muller—I picked him oat from 14 others, six or seven of whom were Germans.
Cross-examined by McGuire. Two shots were fired; the first at the bottom of Neptune Street, and the second in Wellclose Square 10 or 12 yards before you got to the urinal.
Cross-examined by Levinski. When I first saw you I was 30 yards away, and got within three yards of you—Pennington Street is not very dark—you had a cap on; I cannot swear to the colour—you had hold of the prosecutor's throat all the time we were running up to you—you were on his left; you were sideways to me; I saw your face when you looked round.
Cross-examined by Muller. I saw you in Pennington Street; I never saw you before that, to my knowledge—I knew what you had done, so I took particular notice of you.
HENRY EDWARDS (102 H). On May 15th, shortly after 11 p.m., I was on duty in St. George's Street—as I came near the corner of Neptune Street I heard a police whistle in the direction of Pennington Street—I proceeded that way, and saw McGuire running towards me, and Skellington chasing him—he shouted to me, "Stop him"—I attempted to do so, but did not properly get hold of him—he slipped on the footway, but recovered himself before I did—he ran into Wellclose Square, and took a revolver out of his pocket and fired—he said, "If any of you interfere with me I will do for the b—lot of you"—he was seven or eight yards of—we both followed him; he kept pointing the revolver at us, and also at private individuals; he threatened to shoot anybody who interfered with him—he then fired at Skellington, and said, "I will blow out your f——livers"—after he had fired the second shot he changed the revolver from his right hand to his left, and put his right hand into his pocket, and filled the revolver with both hands—I eventually seized him from behind, and he let the revolver drop to the ground—it was picked up by a private individual and handed to me—I searched McGuire's right-hand trousers pocket—there were four bullets in his pocket similar to those in the revolver.
Cross-examined by McGuire. The second shot was fired about 30 yards from the urinal in Wellclose Square—private individuals attempted to stop you, and you pointed the revolver at them, and defied them to interfere with you.
Cross-examined by Muller. I cannot say that I saw you there.
JOSEPH CASTLE . I am a sailor, living at 6, North-east Passage, Cable Street—about 11.20 p.m. on May 15th I was near Wellclose Square—I heard a police whistle blowing—I saw McGuire running towards me, and saw a policeman in pursuit—just as he turned the corner he fired a shot at the policeman—he then ran on towards Wellclose Square—he threatened anyone who came near him—when he got near the urinal in Wellclose Square he turned and fired another shot at another officer—he was then seized by a constable from behind—he dropped the revolver, and I picked it up and handed it to Edwards—this is it.
Cross-examined by McGuire. I saw the second shot fired about 15 or 20 yards from the urinal in Wellclose Square.
JOE DANSEGAR . I am a tailor, of Clifford House, Wellclose Square—on this night I was at home—I heard a police whistle—I ran out and saw McGuire being pursued by some constables—he had a revolver in his right hand—I joined in the chase—I heard a shot fired—I got in front of him—he pointed the pistol at me, and said if I did not keep back he would fire—a policeman came up, and he was arrested and taken to the station.
Cross-examined by McGuire. I only heard one shot fired—I might have heard another if there had been one—you were two or three yards from the urinal when you pointed the revolver at me—I could not see what you were doing with the revolver while I was chasing you, on account of the crowd.
GEORGE BRYAN (248 H). On January 15th I received a warrant from the Thames Police-court, signed by Mr. Mead, against Muller for failing to appear in a charge of threats against a woman named Riges—I told Wensley I had it—it would not be known generally.
Cross-examined by Muller. I have got the warrant here now.
FREDERICK WENSLEY (Detective Sergeant, H). I knew a warrant for Muller's arrest was in existence, and on May 18th I went to 8, Artichoke Hill with an officer named Gill—I saw Muller there, and said, "I am going to arrest you on a warrant for threatening a woman"—he said, "I thought it was for that job on Wednesday night; I know the people, but can prove I was not there; I was in a restaurant in Old Montague Street, near the first door on the right from Black Lion Yard, all the evening, and I was in a 1s. bed in St. Mary's Street when this happened at 11 o'clock"—on the way to the station he said, "I cannot help mixing up with these people"—he was placed among 14 others for identification six of whom were Germans; afterwards he said, "I do not know anything about it; I do not go about sticking people up."
Cross-examined by Muller. You said that you knew the people who did the robbery.
JOHN GILL (Detective). I was with the last witness when Muller was arrested—on May 19th I visited him in his cell; I said, "The inspector says you want me to warn witnesses to attend Court in the morning"—he replied, "Yes, I met a man named Roskie outside 105, Commercial Road about 11.30 on Wednesday night; Mr. Wenstein, who keeps the place, was there talking to us; Roskie went to my lodgings with me in Whitechapel; ask them both to come to Court"—105, Commercial Road is about five minutes' walk from Pennington Street.
Cross-examined by Muller. I have walked it in five minutes.
ELI PULLEN . I live at York Place, Wapping, and am a stevedore—I was locked up from Saturday, May 18th, till Monday, May 20th, for being drunk, and then sentenced to one day's imprisonment—I was in a cell on the Monday, when Muller was brought in—I was walking up and down the cell; he commenced swearing and cursing the police and the witnesses—I asked him what was the matter—he said, "It is this way, old boy; there is a warrant out for me; I was living along with a woman; they have got me for this shooting affair"—I said, "What
shooting affair?"—he said, "Did not you read of it?"—I said, "No"—he said, "I was along with two men, and they went down a man; two got away, and I slipped away through Wellclose Square"—he then said, "You might go to the house next door to the 'Wonderland'; there is a lodging-house there, and you will see an old man who might come and prove that I was in on this night at 11.30," and he wrote a note for me to write out and post, but I cannot remember the place—I did not post it; I did not think any more about it till the Wednesday.
Cross-examined by Muller. There were five of us in the cell.
Cross-examined by Levinski. I gave the note to the police; I thought it was my duty.
McGuire's statement before the Magistrate: "I should like to see if the female who was with the prosecutor can identify me. About 11.30 p.m. on the night I was arrested I was coming from the Highway to St. George's; I heard a police whistle blown; I ran to see what was the matter. I was set upon by a mob of men saying, 'That is the man; hold him.' I tried to get away from them; I ran up Wellclose Square; I drew a revolver from my pocket with the intention of throwing it away; the hammer caught in my pocket, and it went off by accident; I ran on, and then was caught by a policeman. I threw the revolver away, and told the policeman I did not intend to do him any harm."
McGuire, in his defence, on oath, said that he was walking past Ship Alley, and heard a police whistle; that he ran in the direction of Neptune Street, and some men set upon him and struck him; that he got away and ran into the arms of a policeman, who tripped him up; that he ran on into Neptune Street, and drew the revolver out of his pocket, not wanting the police to find it on him, and intended to throw it away; that as he drew it out it got foul with his pocket and went off; that he threw it down, and was then arrested.
Muller, in his defence, on oath, said that he had always earned an honest living, and had never been in prison before; that on the night of the robbery he went with Roskie to where he was sleeping, and was in bed by 11.30.
Evidence for McGuire.
SAMUEL LIPPEY . On this Wednesday I was drinking in the Red House, in the Highway, and just as I was coming out I saw McGuire—some whistles started blowing, and I saw McGuire go in that direction—I saw a crowd of people run after him—I saw him put his hand into his left pocket and pull something out—there was a bang, and a revolver went off—it was just level with his pocket—when I got round the Square I saw the constables round him, and then they took him to the station.
Cross-examined. I saw him first in Ship Alley—I did not see him fire the revolver in Wellclose Square.
Re-examined. I never saw or heard a shot fired near the urinal in Wellclose Square.
Evidence for Muller.
MR. JACOB (Interpreted). I remember your being in my place on
May 15th; I cannot remember the time—I cannot remember what time you left.
Cross-examined. I made a statement to Wensley on May 18th at Leman Street Police-station—very likely I said, "I was in the restaurant from 4 p.m. till midnight on Wednesday, May 15th; Muller was not there during any portion of that period."
Evidence for Levinski.
FREDERICK COOK (Warder). I produce a certificate of the conviction of Joseph William McGuire of felony at the Sessions House, Clerkenwell, on May 4th, 1897—the prisoner is the same man—I had him in custody, and was present when he was convicted—it was for larceny in a dwelling-house, and stealing clothes—I have a photograph of him, but I believe it was taken 12 months afterwards.
GUILTY .—Seven other convictions were proved against him.— Eight years' penal servitude and 25 strokes with the cat. LEVINSKI then PLEADED GUILTY to a conviction on December 6th, 1898, at Clerkenwell, and eight other convictions were proved against him.— Seven years' penal servitude and 25 strokes with the cat. MULLER— Twelve months' hard labour.
MR. KENDRICK Prosecuted.
NOT GUILTY .
NEW COURT.—Thursday, June 27th, 1901.
Before Mr. Recorder.
476. JAMES ELLIS HAWKINS (30) and CHARLES HENRY CROWTHER (49) PLEADED GUILTY to six indictments for forging and uttering transfers of shares of the Associated Gold Mines of Western Australia, Limited, with intent to defraud; also to conspiring together to obtain certain shares in the said company, with intent to cheat and defraud.
MR. HUMPHREYS, for the Prosecution, stated that Hawkins had obtained between ₤ 10,000 and ₤20,000 by these forgeries, but that the prisoners had given every possible information and assistance to the Prosecution.
They received good characters.— Three years' penal servitude each.
RICE PLEADED GUILTY .
CHARLES VERNON . I am station-master at Poplar Railway Station—on May 11th, about a quarter to 1 a.m., I locked up my office, leaving all the books and the lost property account book, and this pair of gloves (Produced), which were lost property, also a pair of scissors and a pair of clippers, locked up in a cupboard, and an iron stay.
CHARLES CLEMENT . I am a porter at Poplar Railway Station—I was there when the station was locked up—I went again at 4.40 a.m., and found these scissors and a punch lying outside—they had got in by breaking a window—an automatic machine was smashed, and the contents were gone—I missed a pair of boots, which were found on Evans; I identified them.
JOHN LAING (160 K). On May 11th, about 4.30 a.m., I was on duty in St. Leonard's Road about 150 yards from Poplar Station, and saw the prisoners together—I took Rice to the station, and met the sergeant on the way—Rice was searched, and some goods and chocolate were found on him—I made a statement to the sergeant, and then went and brought Rutter to the station.
WILLIAM JUDD (426 K). I was on duty in St. Leonard's Road on May 11th, about 1.15 a.m., and saw the prisoners together going away from Poplar Railway Station—I saw them again, about 4.30—Rutter was running away from Fay Street; I arrested him—he said, "All right, don't hit me; I am done"—I had my truncheon in my hand; I took him to the station—Rice wanted a cup of coffee.
By the COURT. I said before the Magistrate that he said, "I was not in this; I was standing at the coffee-stall when he came up and said, 'Here you are; take this,' and gave me a penny for a cup of coffee, and I did so."
Cross-examined. Another man was with me—I did not say, "I thought I saw Rice with you"—I did not cut you across your shoulder, nor should I have hit you across your head if it had not been for the other constable.
WALTER SALLMAN (Police Sergeant, H). I met Laing with Rice in custody—Rice wan bulky; I searched him, and found various things on him—in consequence of what Laing said, I went in search of Rutter, and saw him with a man not in custody—I gave directions to stop them—they ran away; I followed Rutter; he ran into Judd's arms—I said, "Why did you run away?"—he said, "I thought the police would punish me for being out all night"—I found on him a pair of gloves and these other articles—I went to Poplar Station—the station-master's window had been broken open—I saw a pair of old boots on the platform and other things, and found this piece of iron and this pair of scissors under the automatic machine.
Rutter's statement before the Magistrate: "I met the prisoner Evans (Rice) at 4.30a.m., and went to a coffee-stall. I met two men I knew; we went down Cross Street; Evans had a parcel under his arm; he asked me to treat him. I gave him a cup of coffee; he gave me these packets of chocolate. I asked where he got them; he said he kicked them up as we went along together. The prisoner was then taken another charge."
Rutter's defence: On Saturday morning I went from Smithfield, where I had been unloading vans; we came back at 3 o'clock. I saw White at a coffee-stall; he said, "Are you going to treat us?" He said, "Yes," and pulled out eight packets of chocolate, and said, "Where are you going at this time of morning?" I said, "We are going home." We saw a policeman coming. He asked me to buy a pair of gloves. I said, "I have no money," and he threw them at me. The policeman came up and said, "Your name is Evans;" He said, "Yes." I ran away. I wish to call Rice.
RUTTER— GUILTY . He then PLEADED GUILTY to a conviction at Clerkenwell on October 3rd, 1899; and six other convictions were proved against him.— Eighteen months' hard labour; RICE†— Eight months' hard labour.
THIRD COURT.—Thursday, June 27th, 1901.
Before Mr. Common Serjeant.
MR. COHEN Prosecuted.
THOMAS POLLARD (42, City). About 11.45 on June 12th I was with another constable near 4, Bolt Court, Fleet Street—from information I received, I caused the premises to be surrounded—with the help of a ladder, I got over a wall 12ft. high, and found the ground-floor window at the back of the wall, and behind some water-tanks, open from the top—the sash was pushed down—I examined the window, and saw marks on the top of it—I entered the engine-room, and then the printing-room; I saw the prisoner between a machine and the wall at the top end of the room—he said, "All right, governor; it's a cop; there is only one"—I requested him to come from behind the machine, and took him into custody, and took him to the station; he was charged—I found on him this match-box, some matches, a pawn-ticket for 4s., and a Printer's Labourers' Union ticket, which has since been returned to him.
Cross-examined by the prisoner. You did not say, "Here I am, down this end."
JAMES BROWN (City Detective). I was with Pollard in Bolt Court—theprisoner was hid behind a machine—he shouted, "It is a cop; there isonly one"—I went over the premises with Sergeant Brader afterwards; in the counting house I found this bottle standing on a book on a desk, with this candle, which was out, and this match-box—matches were strewn about the floor of the offices.
Cross-examined. The match-box was found in your pocket at the station—you do not belong to the Union.
BENJAMIN BRADER . I am employed in the engine-room of Messrs. King, Sell & Olding, 4, Bolt Court—I left work on June 12th about 9.45 p.m.—I shut the engine-room windows—one of them has no iron bars—this match-box is like those I buy—I bought a dozen boxes two or
three nights before—this candle is like one of the last pound I bought—no one would use it or leave it in a bottle in the counting-house—I have seen the prisoner at work in our place for a job 12 months ago—he had no business there on June 12th.
Cross-examined. I closed the window; I did not bolt it.
EDWARD ELDRIDGE OLDING . I am a partner in the firm of King, Sell & Olding—I left the office about 6.30 to 7 p.m. on June 12th; the door was open and unfastened—I did not leave this candle in a bottle, we do not use candles—the manager goes round the last thing; he would go in the counting-house—the next morning I saw one drawer open, and sheets of paper and old cheques thrown out.
The prisoner's statement before the Magistrate: "I had been walking about all day looking for work; so after I looked for work up to 7 o'clock, I walked round, and being without lodging, and knowing the firm through working there, I got over the wall. The window was open a foot from the top, and I went into the machine-room, and went behind the machines and had a sleep. That is the only time I went into it. When I was asleep I heard a noise, and it woke me up. It was the police, and I called to them to come to the other end of the room. I had no intention of stealing anything in that place." He repeated this statement in his defence.
GUILTY .— Six months' hard labour.
OLD COURT.—Friday, June 28th, 1901.
Before Mr. Justice Grantham.
479. JACK ROBERTS, ARTHUR FREDERICK BETTINSON, JOHN HERBERT DOUGLAS, EUGENE CORRI, ARTHUR GUTTERIDGE, ARTHUR LOCK, WILLIAM CHESTER, WILLIAM BAXTER, BENJAMIN JORDAN , and HARRY GREENFIELD, Killing and slaying Murray Livingstone, otherwise Billy Smith . (See page 536.)
MR. MUIR and MR. BODKIN Prosecuted; and MR. GILL, K.C., and MR. CHARLES MATHEWS appeared for Bettinson, Douglas and Corri, and MR MARSHALL HALL, K.C., and MR. STEPHENSON for the other prisoners.
ALFRED BOXALL (Inspector, E). On April 22nd I got information as to a contest to take place that evening at the National Sporting Club; I went there at 8.25 p.m.—I saw all the defendants, and got from them the position they were to occupy—the principals were the deceased and Roberts; Bettinson is the manager of the club; Douglas was the referee; Corri, the timekeeper; Gutteridge, Lock and Chester, Smiths' seconds; and Baxter, Jordan and Greenfield, Roberts' seconds—I cautioned all the defendants that should any serious injury arise from the contest they would be held strictly responsible—none of them said anything; I acted under the general instructions in cautioning them—the room was prepared for the contest—there was an arrangement called the ring, which consisted of a platform raised 2ft. or 3ft. above the level of the floor—round it were arranged a number of seats for persons to sit and look on—on the platform there were posts with two ropes, one above the other, hanging between them—the posts were between 2ft. and 3ft. high—the ring was 16ft. square—the platform on which the ring stood was larger than
the ring, and extended about 18in. beyond the posts on each side—the posts were padded—the floor was also padded and covered with stretched canvas—after I heard of Smith's death I went and took a section of the floor padding; it is four thicknesses of felt—I saw both Smith and Roberts there that evening—they were dressed in their private clothes—next morning I received some information, and in consequence went to Charing Cross Hospital, and there saw one of the doctors—they would not let me see Smith—at 1 p.m. on April 24th I learnt that he was dead—I accordingly laid an information, and applied for a warrant, which was granted, and on the 25th the defendants surrendered at Bow Street—I received these gloves (Produced) from a man named Shepherd, the glove attendant at the club, also some copies of the club rules, and some of these pink notices of the intended fixtures for 1901.
Cross-examined by MR. GILL. This was my first visit on this occasion—I saw the club about 1891—the posts of the ring have cushions on them—I do not know if the men were protected with cotton wool; I was not present—these are 6oz. gloves—it has been the practice for years past that notice is given to the police when competitions and contests are taking place at the club—there are no boxing competitions in the Police Force.
JOHN TROUTBECK . I am the Coroner for Westminster—I held an inquest on the body of Smith—Bettinson, Douglas, and Corri were present at the inquest; their evidence was tendered—they had a solicitor representing them—I took down their evidence in writing; it was read over to them, and signed by each of them—(The depositions of Bettinson, Douglas, and Corri before the Coroner were here put in and read.) (MR. MUIR proposed to have Louis Sidney Darling's evidence read. MR. GILL submitted that it was not admissible, as it was not evidence MR. HALL objected to it, on the ground that only the best procurable evidence was admissible, and submitted that Darling's evidence was not the best procurable. MR. JUSTICE GRANTHAM considered that it would be best to call the witnesses, and not to read their depositions. )
Cross-examined by MR. HALL. The verdict of the Jury was "Accidental death."
Cross-examined by MR. GILL. This is the fourth inquiry I have had, and in each case these are the identical club rules; we discussed them in open Court, the police being present.
Re-examined. I have not compared these rules side by side with the rules in the former cases—I do not see in the former rules one about a man being disqualified for falling without receiving a blow.
Cross-examined by MR. HALL. Four-ounce gloves used to be used these were made 2oz. heavier—I think the change was made about 12 months ago; I do not know why; I suppose because the club thought they would be on the safe side.
EDWIN JOHN CHURCHILL . I am a gun-maker, of 8, Agar Street, Strand—I was present at the National Sporting Club on April 18th—I have been a member about three years—I saw the contest between Roberts and Smith—they were dressed in the usual way; in drawers,
socks, shoes, and gloves—the gloves were examined by the seconds and the referee before they were put on—I saw Bettinson there—he examined the gloves, and so did Corri—I am familiar with the rules of the club—this contest was under these rules—up to the seventh round I thought Smith was a little way ahead—in the seventh round Smith invited Roberts to get in a blow; he was leading off with his left, and he avoided a blow from Roberts; he went like this (Imitating the action), and came back on to the ropes; his head struck the ropes, and he doubled up and came under the ropes on to the floor—as he got up time was called; he went to his corner a little bit groggy, but nothing unusual—after the usual minute interval the men stood up again—I did not notice anything about Smith till he turned round to face Roberts; then I saw that he was dragging his right foot after him; when Americans are boxing they have a way of dragging their feet in that way to get a firm hold on something—they got to the right side of the ring while sparring—Smith's back was to the referee; he went down on his knee—I cannot exactly say what caused that—I saw Roberts strike a blow, but whether Smith wan struck or not I do not know; I believe he was; he rolled over—Roberts stood away—no other blow was struck—Smith was counted out—he got up with the assistance of his seconds and went to his corner—at the end of the 10 seconds the referee called out, "Out," and awarded the contest to the other man—the deceased became conscious; I see his seconds wipe him down and sponge him and help him to his room—I do not think the blows exchanged in the contest were at all hard; I have seen a great deal harder at the German Gymnasium, and at other boxing contests—it is usual in a boxing competition to strike hard blows—I should think they were striking as hard as they could to win the contest.
Cross-examined by MR. HALL. I used to box—the scoring is by points—the harder you hit, the more likelihood you have of getting through your opponent's guard—getting a blow in depends as much on your opponent's agility as on your blow—I think these two men were equal in skill—so far as I am aware, there is no advantage in a man using unnecessary violence; in fact, he would be militating against his own chances of success, because you want to keep your head cool and your hands handy, and also to keep your temper—I do not think in the last round that Smith got a blow; if he did it was very light—if he was hit it was on the chin—he was defending himself—it could not be called a knock-out blow by any exaggeration—in the seventh round he overbalanced himself in trying to get his balance—from first to last Roberts boxed perfectly fairly.
Cross-examined by MR. GILL. I have seen hundreds of contests—I was at the club when the Brigade of Guards and Lord Wolseley were there, and when his lordship made a speech—in a competition there would be a smaller number of rounds—I much prefer to see the punishment that soldiers get than men like Smith and Roberts—theirs is really scientific boxing—this contest was a scientific display—if a man was four and a half joints ahead in the seventh or eighth round it would be possible for his opponent to win by the end of the fifteenth—in this competition points were given for skill in guarding, slipping, ducking, or getting away, and the hitting should be quick—up to the seventh round both these men seemed to be as fresh as they were when they started.
Re-examined. Unnecessary violence would be a foul blow, or one below the belt.
LEWIS SIDNEY DARLING . I live at 132, Clapham Road—I was at the contest at the National Sporting Club on April 22nd as a guest—I understand the rules of the club—I saw Smith and Roberts in the ring—up to the seventh round Smith was the better on points; he was ever so much cleverer—so far as strength went, there was nothing to choose between them—they were both trying to hit hard—towards the end of the seventh round they both fell down in a corner of the ring, Roberts on top of Smith—I saw Smith's head on the rope for a second; then it slipped on to the floor—Smith lay down till Roberts got up, then he got up and time was called—the seconds ran in and helped each man to his corner—when Smith left his corner for the eighth round he did not appear so well as he had been; he appeared to be lame, and drew one foot behind him—the round began, and one or two blows were exchanged—after a little while Smith sank down and held the ropes with one hand—he did not fall as if he was knocked down; his knees were curled up under him in a sitting position—at the end of 10 seconds the referee called out "Out," and said that Roberts was the winner—Smith was attended by his seconds, and eventually was taken to the hospital.
WILLIAM HENRY DODD . I am House Surgeon at Charing Cross Hospital—I saw the deceased on his arrival there at midnight on April 22nd—he was unconscious, and suffering from an injury to the brain—we did what we could for him, but he died on April 24th—I was present at the post-mortem—he appeared to be a healthy man in every way—on the right side of his brain and under the membranes there was some blood, which covered the whole of the right side—it came from the vessels of the membrane of the brain—there was a clot on the brain—that had caused his death—there was a slight laceration on the lower and right side of the brain, which caused the bleeding—the original cause of the bleeding was the rupture of some vessels on the surface of the brain—the rupture must have been caused by some blow on the head—it would require a sudden blow, and if a man gets a sudden blow on the head the brain is thrown against the side of the skull by the jar—that might happen from a blow from the fist or a fall on the ropes or on the floor; but it must have been a padded object, because there was no mark.
Cross-examined by MR. HALL. There was no external mark corresponding with the cause of death—a man falling will make a natural effort to recover himself—if in falling to the floor he struck something between his head and the floor without expecting it, he would strike that object with more force than he would strike the floor, because he would not expect it—if Smith fell in trying to avoid a blow, and in falling struck his head on the rope, that would cause the injuries—people taking part in anything that produces excitement, like a walking race or a heated argument, are more likely to produce effusion of blood, but excitement alone is not sufficient, but it would produce the expansion of the blood-vessels, and render them more likely to be affected by a blow than a man who was quiescent.
Cross-examined by MR. GILL. There was no mark of any hard substance on the head at all.
By the COURT. If the rope was a hard one it would be likely to leavea mark—a fall on a rope which was not hard might cause the injury.
Douglas, in his defence, on oath, said that he had been interested in boxing since 1875, and since then had been present at many hundreds of contests and competitions; that he had judged at many amateur boxing competitions, and had seen a number of competitions and contests at the National Sporting Club, and had acted as referee there, and they were conducted under the same rules as the present contest; that on the night of the contest he cautioned Smith and Roberts about boxing fairly, when they both said, "Oh, there is no fear about that, sir; we are the best of friends, and we only want to see who is the better boxer"; that both were good boxers and equally matched, but Smith was the cleverer; that he did not notice anything the matter with Smith till the beginning of the eighth round, and then thought he was pretending, and before he could form a definite opinion he sank down on his knees; that a referee would not allow the contest to continue, where one man had got five points for 14 rounds out of 15, and the other man nothing; that there was no heavy fighting in this contest; that if there was no rule to make a man come up at the end of 10 seconds after being knocked down, it would be impossible to carry on the contest like this one; that he thought that unless a contest was very close, a man must know if he was leading or not; that he had never seen a man who could not box boxing with a man who could to nearly the end of a contest, in the hope of giving his opponent a knock-out blow; that without the 10 seconds rule a contest could not be decided, and that he had never before seen any fatal accident from boxing.
Evidence for the Defence.
GEORGE HENRY VYSE . I am President of the Amateur Boxing Association, and have been interested in boxing for the past 35 years—I was amateur champion in days gone by—I have acted as referee on many occasions, both in amateur and professional competitions, at the Championship of the Brigade of Guards, the Army Boxing Championship, the Oxford and Cambridge University Championship, and many others—I have also acted as referee on many occasions at the National Sporting Club—I am thoroughly familiar with the way in which contests and competitions are carried out there—I have never seen anything approaching a fatal result from boxing competitions—I do not think there could be greater care displayed than at the National Sporting Club—I heard Mr. Douglas give his evidence; he is accepted as an authority on boxing matters—I thoroughly agree with him in what he has said—a referee at the National Sporting Club is allowed a great deal of discretion; he can almost do as he likes—no shouting or anything of the kind is allowed while a match is going on—the referee has every opportunity of judging the contest—I think the rules of the club are perfectly reasonable and proper; they originated in our own amateur rules—we introduced the system of judging by points—I was not present on the night of the Brigade of Guards' display; they box under National Sporting Club rules.
Cross-examined. I have never been present at the Public Schools' competitions; I am not familiar with the rules under which they take place—there would be no difficulty in applying a rule which said, "No points are allowed for a knock-out blow"—I think there would be the greatest
difficulty in saying if a competitor is working for a knock-out blow—I know Colonel Fox; I do not know if he would put his name to a rule which could not be carried out—there would be no difficulty in carrying out the rule, "If a knock-out blow takes place by accident, the prize will be allotted to the competitors by their previous marks"—I have not seen the Scottish Amateur Boxing Rules; I do not think they have been in existence very long—there was not a joint discussion between our Association and the Scottish Association; they have never put themselves into correspondence with us—there would be no difficulty in carrying out this rule, "In the event of a knock-out blow, the round in which it occurs shall finish, and the marks for that round shall be awarded for the work done up to that point"—I do not think there is more inducement to a man to deliver a knock-out blow than an ordinary one.
Re-examined. A knock-out blow is a most difficult thing to do; it is more often an accident than not—I never recollect decisions by myself or Mr. Douglas being disputed.
By the COURT. If you want to hit quickly, you naturally hit hard—the only man I ever saw who could hit quickly and not hit hard was Jim Mace, and he is alone in the boxing world.
LORD LONSDALE. I am a member of the National Sporting Club, and have been interested in boxing for 25 years—I have seen a great deal of it—I know the club rules; they were all founded on the Marquis of Queensberry's rules—there was an exhibition of boxing for young men under 17 years of age, and it was found necessary, for the sake of endurance and minimising danger, to make certain rules, and the foundation of them was taken up by a committee—Rule 5 was the subject of careful consideration—it is a reasonable rule—it was made from a humane point of view—the Marquis of Queensberry came to the conclusion that a boy or a man who went down could, after a time, proceed; but the exhaustion was so great that it became dangerous, so the 10 seconds rule was made.
Cross-examined. The National Sporting Club rules were instituted to substitute science for brute force—I think that the rules which existed before the Queensberry rules necessitated a fight to a finish—I have attended some Public Schools' competitions—the rules are signed by Colonel Fox; they say, "Rough fighting will not be allowed"—I think that is the same as "roughing on the ropes," which comes under the head of wrestling. Rule 5 says, "No points are awarded for a knock-out blow; if a competitor is seen to be working for a knock-out blow he will be cautioned, and if he does not desist he will be disqualified; if, on the other hand, a knock-out blow takes place by accident, the decision will be awarded on the points already allotted to each competitor"; but who is going to find out if a man is working for a knock-out blow?
Re-examined. In the days of the prize fight a round took its own time; I believe it lasted till one of the men fell down, or was knocked down.
THE HON. VICTOR MONTAGUE . I am an Admiral—I have taken an interest in boxing for years—I have witnessed a great many contests and competitions at the National Sporting Club, of which I am a member—I know the conditions under which they take place; from what I have observed, they are conducted in a thoroughly satisfactory manner and with every care.
THE EARL OF KINGSTON . I am a member of the National Sporting Club, and am very keen on boxing—I have seen contests and competitions at the National Sporting Club—I know the conditions under which they are carried out from what I have observed there, and I think they are carried out with every possible care; I have seen men box there six or eight times—I was not there when the Brigade of Guards had their boxing competition there; I know it was held there.
Cross-examined. By belonging to the club, members can see the contests—I like watching them; that is why I joined—I think it is fairer with the 10 seconds rule, and I like it better.
NOT GUILTY .
NEW COURT.—Friday, June 28th, 1901.
(For the case of Albert Major, tried this day, see Kent Cases.)
THIRD COURT.—Friday, June 28th, 1901.
Before Mr. Common Serjeant.
MR. SIDNEY CLARKE, for the Prosecution, offered no evidence against
Watson.— NOT GUILTY .
JORDAN PLEADED GUILTY to receiving . He received a good character. Two months' hard labour.
MR. INNMAN Prosecuted, and MR. FORDHAM Defended.
GEORGE WELLAND . I am a tin plate worker at Mare Street, Hackney—4, West Street is my house—on May 3rd I was in the Abyssinia public-house with the prisoner and his nephew—I took this cheque from my pocket and asked the beershop-keeper to change it, as I had not enough to pay for the beer, 1s. 4d—he refused, and I put it back with a lion shilling and a Japanese coin—no writing was on the back—when I got back to the shop, and my men were waiting for their sub-money, I found I had no purse; it had been in my coat pocket—I had not given the cheque to anybody, or authorised anyone to put my name on the back—I had not bought a horse or a bicycle—the following morning, Saturday, I saw the prisoner twice—no mention was made of a pony, nor of the cheque—I had stopped it.
Cross-examined. I have known the prisoner for 15 or 18 years—I bought a pony and van of him on November 2nd, 1897, for ₤10 10s.—I did not try to get out of the bargain—I had had a glass, but was not drunk—I had been drinking with the prisoner since 11 a.m. in the Cat and Mutton, the Lord Duncan, the Havelock and the Abyssinia—I did not have much in either—I said at the Police-court that this man took the lion shilling and seven Japanese coins—the purse was in my trousers
pocket—when I went into the Abyssinia I knew what I was doing, but all of a sudden I seemed to collapse—I say that the prisoner took the cheque—a lot of this is done, it is a rough neighbourhood—this is the first time I was in the house—I did not sell the prisoner on the Friday a pony for ₤5 10s.—I did not say, "I will pay for the pony," or give him the cheque—on the Saturday morning he never mentioned the pony—he followed me into the Havelock, and as I was going out he called out "George, lend me 3d.," to make up a pot of ale—he did not ask for 4d., nor did I say I had only 3d.—he did not reply, "Never mind the 3d."—I suspected him, but I thought I would make sure—Strutton Street is in the Curtain Road.
Cross-examined. I left the prosecutor about 10 minutes—when I left the public-house the prisoner was there—I was there all the time from about 6.30—Welland did not want to change anything, or get money from the landlord—he did not produce a cheque—the Abyssinia was the last public-house I was in—I took Welland home about 7.30—when I had been out 10 minutes Knight came in and saw me there—he came in just after I got there—I never saw the prosecutor take out his purse and show Knight what he had in it—Knight came in a second time—I left him there when I went out first.
WILLIAM NEWMAN . I am landlord of the Abyssinia public-house—on May 3rd the prosecutor was there in the evening—I saw a cheque in his hands—he asked me to cash it—I refused—he then drank his beer—I heard no conversation between him and the prisoner—next morning (Saturday) the prisoner came in about nine, and asked if I was paid for the four pots of ale that were owing for—I said, "Yes, but Welland lost his cheque"—he drank his beer, and I saw no more of them—he said nothing about his having the cheque.
Cross-examined. Our's is a busy house in the evening—this is the first time I have heard of a cheque having been taken, since I have been in the house—I had not seen Knight or Welland before.
RICHARD HASTY . I am a beer retailer at 127, Curtain Road—on May 3rd the prisoner was there about 10.30 p.m.—he laid this cheque on the counter, and asked me to cash it—I said, "Where did you get this?" as I saw it was not in his name—he said, "From a chum in Strutton Street"—I said, "It is not endorsed"—he said, "I will do that"—I gave him pen and ink, and he endorsed it—I said, "Now put your own name to it," which he did—I then gave him the money, ₤5 9s. 8d., and paid it into the bank the following morning—it was stopped by the London and County Bank.
Cross-examined. I have known the prisoner as an occasional customer—I have cashed cheques for him from furniture firms—I have endorsed cheques at his request—we oblige one another.
GEORGE COLE (Policeman J). On May 8th I arrested the prisoner—I told him he would be charged with stealing a cheque of Mr. Welland, forging the endorsement, and uttering it—he said, "I sold him a pony for ₤5 9s., and he gave me a cheque and 3d. to make up the money, and the pony
is standing in my stable now waiting for him to fetch it away"—I took him to the station, where he was detained—I went to the stable at 37, Duncan Square—there was no pony standing there.
Cross-examined. I have known the prisoner some time—he has never been charged—at 37, Duncan Square, he has workshops and stables—the stable was open—his brother said he had only the pony he was in charge of—I only went to one stable—he said "₤5 9s.;" he must have forgotten the amount.
The prisoner, in his defence, said that the prosecutor gave him the cheque for ₤5 9s. 8d. in payment for a pony hs had sold him for ₤5 9s. in conversation at the four public-houses named, ending the bargain at the Abyssinia; that for the balance 3d. was accepted on the Saturday morning; and that the pony was still waiting in a stable at the back of his workshop, which was kept locked, and could not have been visited without the key.
Evidence for the Defence.
GEORGE KURD . I am a cabinet manufacturer—I have known the prisoner 20 years—on Friday, May 3rd, I was with him during the afternoon—in the Cat and Mutton, in London Fields, I heard a conversation between Knight and Welland about selling a pony for ₤5 10s.—we went from there to the Havelock, and then to the Abyssinia, where I saw Knight hand Welland a cheque—Welland was intoxicated—I offered Knight to take the pony to Welland about a week afterwards; after Knight was charged—I am not in the prisoner's employ—I have done business with him, and found him straight forward.
The prisoner received a good character.
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
MR. GODWIN Prosecuted.
MATTHEW KELLY . I live at 47, Charles Square, Hoxton—I am a messenger, and the prisoner's brother—I do not remember what happened on May 19th—I came out of the hospital on June 30th—I had concussion of the brain.
Cross-examined by the prisoner. I said at the Mansion House that the man in my company belonged to the Shoeblack Society—I remember that.
JAMES ARNOLD (178, City). I was on duty at Ludgate Circus on May 19th, about 12.30 a.m.—I saw an altercation between Kelly and his brother—before I could get up to them the prisoner struck the last witness with his right fist, and he fell into the carriage way, his head struck the ground, and the prisoner fell on top of him—I pulled the prisoner off, and tried to raise his brother, but could not—he was unconscious—I sent to the station for an ambulance, and conveyed him to St. Bartholomew's
Hospital, where he remained till the next morning—both had been drinking.
Cross-examined. I did not say that his head came in contact with the kerb—he was unconscious when I took him up, and when I conveyed him to the hospital—I saw no marks of violence.
COLIN HAWES . I am House Surgeon at St. Bartholomew's Hospital—Matthew Kelly was brought in unconscious, suffering from heavy drinking and concussion of the brain—in that state it is possible for him to forget what took place—he was in the hospital five or six days, and I have seen him casually since—it is impossible to say that the danger has passed; he has been suffering from headaches—his injury may lead to serious effects.
Cross-examined. He had a bruise on the back of his head which produced effusion of blood—the bruise might have been caused by a fall.
Prisoner's defence: We had been drinking with friends, and had quarrelled and fought, but as my right hand third finger is gone I cannot hit hard.
NOT GUILTY .
OLD COURT.—Saturday, June 29th, 1901.
Before Mr. Justice Grantham.
MR. MORGAN Prosecuted, and MR. COHEN Defended.
ELLEN POFFLEY . I am 14 years old, and the prisoner's daughter, and reside at 6, Brook Road, Hornsey—at 6 a.m. on Saturday, May 18th, I was awakened by my mother cutting my throat with a razor—I took it from her and ran downstairs, crying for help—a doctor came and bound up my throat—I had noticed that my mother seemed strange in her manner the night before.
Cross-examined. I am quite well now—she afterwards attempted to cut her own throat, but I stopped her.
HENRY PLUMB . I live at 6, Brook Road, Hornsey, and am the prisoner's brother—on May 18th, at 6 a.m., I heard my niece calling for help I went to her room, and saw her with blood issuing from her neck—my sister was lying on the bed, crying out, "What have I done? What is the matter?"—she did not seem to realise that anything was wrong.
ALICE DAWSON . I live at 6, Brook Road, Hornsey, and am the prisoner's landlady—on May 18th I saw Ellen Poffley coming downstairs, bleeding from the throat—I took her into my kitchen, and sent for a doctor—the prisoner has lived in my house 10 years—she has been a widow eight years—I have noticed nothing peculiar about her.
MRS. LAVER. I live at Wood Green, and am the prisoner's married daughter—I saw my mother the night before this occurrence; she complained of feeling very bad—I went to see her next morning, after having heard what she had done, and she again said that her head felt bad—this letter (Produced) is in my mother's handwriting; I found it lying on the table in her room; it says, "My God and my children, forgive me for what I have done, I can bear it no longer. Polly gave me 1s. last night, which will get Nelly and Harry some breakfast. I hope
some kind Christian will take care of her. May God bless you all, and forgive me, your unhappy mother, MRS. POFFLEY"—she is not badly off—Polly is another married daughter.
Cross-examined. I did not see the letter the night before, when I was at the house—12 months ago she suffered from acute bronchitis and asthma.
HENRY EDWARD GROVES . I an Divisional Surgeon at Hornsey—on the morning of May 18th I went to Brook Road, and saw Ellen Poffley—she had blood on her hands and body—I examined her throat, and found an incised superficial wound about 3 1/2 in. long—it was not dangerous—I dressed it and sent her to the hospital—about 11 o'clock the same morning I saw the prisoner at the Police-station—she seemed in a dazed condition, and did not know what she had done—in my opinion she was certainly wrong in her intellect.
Cross-examined. I have no doubt at all that she was insane when she committed the act.
The prisoner's statement before the Magistrate: "I do not know anything at all about it."
GUILTY, being insane .— To be detained during His Majesty's pleasure.
MR. WILKINSON Prosecuted.
ISABEL HUNTER . I reside with my husband at 5, Church Street, Chiswick—the prisoner is my nephew, and had been lodging with me—he is a brewer's traveller—on May 23rd I left home at 9.30 a.m., and returned at 1.30 p.m.; the prisoner was in bed ill from the effects of heavy drinking—he said that he felt very bad, and his head and hands were very hot—I told him to get up, and went into my own room—a few minutes after he came into my room, and I saw that his throat was cut—I said, "Are you mad?" or something of that sort, and then found my own neck was cut on the right side at the back—I ran downstairs and into the street, the prisoner following, with a razor in his hand.
Cross-examined by the prisoner. I have never known you to bear the slightest animosity towards anyone, and have no desire to press the charge, as I know you were unconscious at the time.
FRANCIS HEARNE . I live at 5, Church Street, Chiswick, and keep a dairy-shop on the ground floor—between 1 and 2 p.m. on May 23rd I heard a scream; I opened the door that leads to the staircase and saw Mrs. Hunter on the stairs-she cried, "Save me; he is killing me"—the prisoner was on the top of the stairs in his shirt, with a razor in his right hand—I dragged the prosecutrix into the shop parlour, and shut the door; the prisoner tried to force it open—when he found that the prosecutrix had run into the street he opened the street-door and followed her—I ran
after him, shouting "Murder!" and "Police!" and he was over-powered—on the previous Thursday I noticed that he seemed strange in his ways.
JOSEPH WRIGHT (506 T). On May 23rd, between 1.30 and 2, I was on duty in Devonshire Road, Chiswick, and heard cries of "Police!" from Church Street—I ran in that direction, and saw the prisoner in his shirt, with a razor in his left hand—he looked very wild—he was detained, and I found Mrs. Hunter in a greengrocer's shop, bleeding at the back of her neck—I dressed the wound and sent her to the hospital.
HAROLD HENRY STIFF . I am House Surgeon at the West London Hospital—the prisoner was admitted on May 23rd, and I found a wound at the back of her neck 6 1/2 in. long and 3/4 in. deep—it was not a serious wound, but she was very weak from loss of blood—it might have been caused by any sharp-edged instrument, such as a razor—the prisoner was admitted on the same afternoon, suffering from a wound in his throat, which was rather dangerous—he was suffering from the effects of heavy drinking; he trembled when he spoke—in my opinion he was just recovering from an attack of delirium tremens, which would certainly affect his power of control.
Cross-examined by the prisoner. A touch of sunstroke would produce excessive pain at the back of your head, and would probably make you unconscious for a time.
Witness for the Defence.
REV. MR. PARKYN. I am a curate at Chiswick—I have known the prisoner 12 months—he has sought my advice and help—when sober he is very reasonable and gentlemanly—I advised him to give up drink, which he did for about three months—I have lent him money, which he never failed to repay—he was very fond of his aunt, and his aunt was fond of him.
The prisoner's statement before the Magistrate: "I was delirious at the time."
GUILTY, but insane at the time .— To be detained during His Majesty's pleasure.
There was a further indictment against the prisoner for attempted suicide, upon which no evidence was offered.
MR. HUTTON Prosecuted.
REBECCA MULLER . I am single, and live at 157, Lower Clapton Road—the prisoner's daughter was in my brother's service for 13 years, up to 1897, when she left—I had seen the prisoner once or twice there, when he called on his daughter—in February, 1899, I went to his house and gave him 3s. in the presence of his wife and daughter, to help them, as they were badly off—I promised future assistance if I could spare it—in February, 1900, I received this letter in his writing—(This requested the witness
to send him pecuniary assistance.)—previously to that I received letter "A," stating that he felt it very much at being accused of an act of dishonesty in borrowing money from my brother—I received other letters, including this one, marked "D," in an envelope, from my servant—(This stated that the prisoner had accused the prosecutrix of indecent behaviour, and threatening to cause a scandal unless she gave him satisfaction.)—after that he followed me about and called after me, and on May 31st I instructed my solicitor.
The prisoner, in his defence, said that he did not write the letters with the intention of getting money; the prosecutrix had promised him assistance, and he had only asked her to fulfil her promise, and did not wish to say one word against her morals.
GUILTY .— Discharged on recognizances.
MR. GANTZ Prosecuted, and MR. HUTTON Defended.
JAMES HOWELL . I am a traveller, of 39, South Audley Street—at 7 p.m. on May 20th I was in the saloon bar of the Post Office Tavern, Noble Street, E.C., with Mr. OToole—no one else was there—the prosecutor and prisoner came in—the prosecutor called for two drinks, and immediately after I heard a report of fire-arms—I turned round, and saw blood on the prosecutor's right eye, and the prisoner sitting down, with her hands in her lap—the prosecutor was sitting on her left, with his hands on his knees; he was senseless—I said to the prisoner, "You are sitting on that revolver," as I imagined she had not time to put it into her pocket—I did not know that, but I guessed it; she made no reply—I sent for the police and a doctor, and attended to prosecutor—this is the revolver (Produced), found in her pocket, fully loaded in all five chambers; it is not the one she shot him with—when the prosecutor was lifted up the constable found this five chambered pistol (Produced) under the seat—that had two bullets discharged—that is quite a different one from the other—when the prosecutor came to he said, "Take this woman-away," and he was then removed to the hospital—they were both perfectly sober, but seemed to have a worried look.
Cross-examined. As far as I could judge, they appeared to be on friendly terms—the pistol found under the seat was the one out of which the shot was fired—I heard no high words and no bad language.
WILLIAM O'TOOLE . I am a seal engraver, of 19, Harpur Street, Red Lion Square—at 7 a.m. on May 20th I was in the saloon bar of the Post Office Tavern, with Howell—no one else was there—the prosecutor and the prisoner came into the bar—the prisoner's eyes were cast down, and the prosecutor looked rather sullen—the prosecutor ordered some ref reshment, and about five minutes after I heard a pistol shot—I turned round, and saw Howell stopping the bleeding from the prosecutor's temple—the prisoner was sitting a little apart, with her hands in her lap, crying—I did not see the pistol found.
Cross-examined. I did not hear her say anything,
Castle Street, Lawrence Lane, City—I first met the prisoner in September, 1899, when she came into my employ as barmaid, and remained till August last year, when she left my employ—we lived together down to May 20th—at 7 o'clock p.m. on May 20th I met her in Barbican, outside the King's Arms, which I was managing—I asked her what she wanted, and she said she had something important to tell me—I said "You have always something important to tell me" and she said "It is quite necessary you should know it"—she asked me to stand her a drink—we went into a public-house, and I had some Scotch and soda; she had some brandy and soda—we left that house in 10 minutes, and went to the Post Office Tavern, in Noble Street—we each had another drink—I sat down beside her—I noticed that she had a revolver in her hand, and before I could stop her she had shot me in the right temple—her hand was resting on her right leg, with the revolver pointing towards me—I was taken to the hospital, where I remained unconscious for three days and a-half, and some time afterwards I was sent to a convalescent home at Swanley—the sight of my right eye is entirely gone, and I am told that the left eye will some day be affected—about the beginning of March I met the prisoner near London Bridge, when she produced a revolver, and said it was for the two of us—I took it from her, and threw it over the bridge.
Cross-examined. I had had no quarrel with her—we were living together under the name of Ball, in private apartments—she gave me notice to leave my service in August, as she wanted a holiday—I know of no other reason—she said nothing about our relations being broken off—she asked me to extend the time of her leaving my service—this letter of February 17 th, 1901, is to that effect—during those six months, from August to February, I allowed her ₤2 a week, and then she went into service at the Rainbow—I continued the allowance up to the time she shot me—I have no document to show that—she did not say she knew I was carrying on with others, or that my wife had been to see her three times.
By the COURT. I am married—I have no family.
Re-examined. The letter (Produced) is a reference I wrote for her, and I went personally to the Rainbow to see the landlord, in order that she might obtain a situation there, and also wrote him this letter—(This letter, of September 13th, 1900, gave the prisoner a good character whilst she was in the witness's employ).
GEORGE PATRICK (336, City). On May 20th, at 7.15 p.m., I saw a crowd outside the Post Office Tavern—Western and I went into the saloon bar, and found the prosecutor and the prisoner seated—the prisoner appeared to have been crying—Western put his hand into her pocket and pulled out a five-chambered revolver, fully loaded—she said, "I did not shoot him with that"—after that she said, pointing to the prosecutor, "I shot him; he has brought it all on himself"—they were perfectly sober—I took the prosecutor to the hospital.
Cross-examined. She did not appear to be hysterical, nor was she crying—I believe she had been crying; her eyes were red and swollen—I have never seen a lady in hysterics.
Re-examined. I noticed nothing unnatural about her appearance.
the Post Office Tavern with Patrick, and saw the prosecutor bleeding from his right eye—I found this pistol (Produced) in her pocket, and this one under the seat, some little distance from where she was sitting—at the station she said, pointing to the revolver taken from her pocket, "I meant that for myself"—she was charged, and made no reply—at the public-house she said, "I shot him; he has made my life what it is."
GEORGE WILSON . I am manager of the Fountain and Star—I know the prisoner—early in February I saw her outside the house, and asked what she wanted—she asked to see the prosecutor, at the same time producing a revolver, and said she intended to have her revenge.
Cross-examined. No one else was present at the time—she said that her life was very unhappy—she did not say that she had got the revolver for herself—I mentioned the matter to the prosecutor and also to the other barmaids.
By the COURT. I do not know where the prosecutor and prisoner slept at night; it was not at the Fountain and Star—Mr. and Mrs. Highmore slept there since the end of last year.
LEONARD EDGAR WHITAKER , M.R.C.S. I am House Surgeon at St. Bartholomew's Hospital—the prosecutor was admitted on May 20th, suffering from a perforated wound of the right eyeball; the bullet is now in his brain—he has lost the sight of his right eye completely—it was a very dangerous wound—he is not yet out of danger.
Cross-examined. I should say the bullet was fired at a lower level than his head.
ALFRED FULLJAMES (City Police Inspector). On May 20th the prisoner was brought to Moor Lane Station—I read the charge to her; she made no reply—in one of her boxes I discovered 45 cartridges to fit the revolver, and a revolver-case, and several loaded and blank cartridges to fit the pistol.
Cross-examined. The cartridges in which there were no bullets, fitted the five-chambered pistol with which she shot the prosecutor.
By the COURT. I did not see the pistol opened; the sergeant did.
THOMAS BERRYMAN (26, City). On May 21st I took the five-chambered pistol to a gun-maker, who opened it in my presence—three of the barrels were loaded with ball cartridge—two barrels had been discharged, and I extracted two empty cartridges—it is a very uncommon pattern.
EMMA SWAN . I am the wife of Charles Swan, of 24, Foxley Road, North Brixton—the prisoner lived at my house from September, 1899, to February last—she introduced the prosecutor to me as her husband—I gave her notice to leave on account of their quarrelling.
By the COURT. My son informed me that the prosecutor had thrown the prisoner into the fireplace, and I had heard them banging the panels of the door—she was not a woman to drink—I had seen marks on her throat where she said that the prosecutor had pinched her.
Cross-examined. She always seemed very ladylike—I have seen them struggling together.
By the JURY. The prosecutor only once stayed all night; he usually came in the afternoon.
Witness for the Defence.
Street—the prisoner entered my service in February, and remained there until May 20th this year; she was very hardworking and respectable, and I was satisfied with her in every sense.
GUILTY on the Second Count .— Three years' penal servitude.
NEW COURT.—Saturday, June 29th, 1901.
Before Mr. Recorder.
(For the ease of Albert Major, continued this day, see Kent Cases.)
THIRD COURT.—Saturday, June 29th; and Monday, July 1st, 1901.
Before Mr. Common Serjeant.
MR. DAVENPORT Prosecuted.
THOMAS JOHNSTON . I am a porter, and live at a lodging-house at 44, College Street, Chelsea—on June 10th, a little after 2 o'clock, I went into the washhouse—the prisoner followed me and said, "Here's another f—," and set about hitting me with both hands—he struck me on my ear and left side at least three times; then we closed—he raised a bump behind my ear, bruised my cheek-bone, and knocked the skin off my nose—I have known him the last two years—another man came in, and he said, "Here, Bert, here's another f—"—I asked him to take the prisoner away—instead of doing so, he put his hand into my waistcoat pocket, where I had these three pawn-tickets and 1s. 6d. in silver, while the prisoner held me by both wrists—I missed my money and tickets—I went to the point for a policeman, and then to Walton Police-station, and stated my case to the sergeant—the inspector sent two constables, and we found the prisoner at the Red House—he was taken into custody.
Cross-examined by the prisoner. I showed my marks to the inspector—there is no grievance between us—I have known you two years and three months—you have lodged at the same lodging-house on and off—I never chipped you, nor said, "Are you working, Dick?" nor said, "The sun is shining; I suppose you will go hay-making shortly."
The prisoner here read from a long written statement, in which he said, "I admit the assault."
No further evidence being called on this indictment, the JURY returned a verdict of NOT GUILTY. He then PLEADED GUILTY to a common assault .— Two months' hard labour.
JOHN GILL (Detective, H). On June 12th I was with Sergeants Wensley and Girdler and Constables Leeson and Dessent, in a van covered with tarpaulin—I stood close to the driver, and had to tell him what to do—we were dressed roughly for the occasion, in plain clothes—about 9 a.m. we were in Commercial Street, between Spitalfields Market and Commercial Street Police-station, and near the Cambridge Music Hall—I saw George Hare driving a pair of ponies in a covered van; Tipper and Ryan were by his side in the front of the van; William Hare and Bailey were in the body of the van, which was open at the front—It was going towards Whitechapel, and met us as we were going towards Shoreditch—it passed us—we told our driver to turn and follow them—we followed along Commercial Street, across Whitechapel High Street, to Leman Street—their van turned into Hooper Street, commonly known as Hooper Square—they pulled up outside the White Hart public-house, then turned the horses round, and pulled the off side of their van close to a van laden with cases—the driver, who was away, came back from the direction of the White Hart—the prisoners noticed him, and drove their van back into Leman Street, then to Royal Mint Street, and pulled up outside the Seven Stars public-house—they went in, and after 15 minutes came out and got into their van, which stood stationary for two or three minutes; then a pair-horse van-load of tea came along on the off side, driving in the direction of the Minories—the prisoners' van, with them inside, was driven on the off side of it till both vans got abreast in Royal Mint Street, when William Hare, Bailey, Tipper, and Ryan got out of their van and went to the rear or the loaded van—the rope fastening the tea was cut, and fell down on each side of two chests of tea which were on the tail board—Ryan came and looked into our van on the near side through the panels; then he went and spoke to the others, who had the top chest of tea on the tail board in their hands, and were pulling it off—they tipped over the top chest, and pulled it off the other, having the weight of it so that they could pull it over or push it back momentarily—they pulled it half-way off, and got it on the edge of the other—the middle of the chest was on the corner of the other—they were William Hare and Bailey—Tipper was by their side—when Ryan spoke to them the chest was dropped back into its original position—Bailey, William Hare, and Tipper ran through Swallow Court, opposite—the van turned into Cartwright Street, which runs south towards the river, and is opposite Swallow Yard—Ryan got on to their van, so that he would be with George Hare—they drove back at a rapid pace in the direction of the Minories—Girdler and the two officers, Leeson and Dessent, got out of our van, and Wensley and I remained in the van and followed George Hare and Ryan to the Minories—that exhausted our number—there was no one to go after the tea van—the prisoners' van was driven as fast as it could go through the traffics—we were delayed, and did not catch them till they got into the Minories, through their near side horse falling down, when we caught them, and Hare and Ryan were arrested—Wensley caught Hare—he struggled for a time—they were taken with the van to Leman Street Police-station by Leeson and Dessent, the three other officers having arrived by a shorter
route—Wensley and I returned through Swallow Court into Chamber Street, where we met Bailey, William Hare and Tipper—I arrested Bailey—before I could say anything to him he struggled violently—he said, "I was not with them men you got; I don't know any of them"—the other two ran away—when charged at the station Bailey made no reply—Ryan gave the address, 135, Royal Mint Street—that is the address of his brother-in-law, Tipper—I went there on June 20th, and saw Tipper—I told him he would be charged with being concerned with four others in stealing a chest of tea from a van in Royal Mint Street on the 12th—he replied, "All right"—he was subsequently charged at the station, and made no reply—the same day I arrested William Hare at 18, Hows Street, Kingsland Road—I told him he would be charged with this offence—he said to his wife, "That is the day I was you know where"—he was taken to Leman Street Police-station and charged—he made no reply—I know Bailey and his mother, William Hare, Tipper, George Hare, and Ryan—I had seen them together two days previously with another man.
Cross-examined. There is one room at the address Ryan gave—Hows Street is under a mile from where I first saw these men—it is under half a mile up the Kingsland Road, possibly a quarter of a mile—our van was covered with tarpaulin split in the front, in the middle and in the corners, so that we could pull it on one side—the driver is not here; we told him nothing about our object, and he had to look after his horses—the prisoners' van was covered with tarpaulin at the sides and at the back—we were about 25 to 30 yards from the prisoners' van, near the Seven Stars—I did not say before the Magistrate that they remained there two or three minutes; I meant that they remained in the van two or three minutes there—I did not notice the mistake—that refers to after they left the public-house—moving the chest only took a few minutes, I could do it in a few seconds—we were standing then—no other van was between our van and theirs.
Re-examined. The Seven Stars is 60 to 70 yards from the corner of Cartwright Street—we were keeping special observation upon these men—we had been out since 7 a.m.
FREDERICK WENSLEY (Detective, H). I was with Gill and four other officers in a van—I saw another van in Commercial Street; we followed it to Hooper Square—near a public-house, a short distance down, the prisoners' van was turned, and driven back to a van which was stationary—they stopped just a moment; the carman came out to one of the horses' heads; then the prisoners drove away—George Hare was driving—they went to the Seven Stars public-house—all got out of the van and went into the public-house; they stayed a few minutes, and then got into the van—a van-load of tea passed along the street, and they followed and pulled abreast of it—all the prisoners, except George Hare, got out of their van and went to the van loaded with tea—the rope was cut by one of them—they all went to the chests of tea, and the next thing I saw was two pieces of rope fall on the off and near side—the rope had been round the top chest—simultaneously Ryan came to our van—at that moment Bailey and William Hare were in the act of lifting the chest of tea from off the van, and as soon as Ryan looked into our van he ran back again and said something to them, when they dropped the top chest of
tea on to the underneath chest and ran through Swallow Gardens—Ryan jumped into the van, and it tore away at a rapid rate—I arrested George Hare; I caught hold of him and said, "You know me"—he struggled violently for a moment or two, but I got him off the van—I said, "I am going to take you into custody for being concerned with these others in stealing a chest of tea"—he replied, "All right, governor, I will go quietly"—I examined the van; I found these five strips of tarpaulin and these two hooks, which are used for heavy things—these strips are used to cover up the open panels of the van, so that it is impossible for an outside person to see in—I accompanied Gill to Champion Street—I saw Bailey, William Hare, and Tipper—Gill caught hold of Bailey, and I went in pursuit of the other two—I saw Gill in a violent struggle with Bailey, and I went back to his assistance—I know all the prisoners—two or three days before I had seen all five together with another man near the Tower Bridge and Irongate Wharf.
Cross-examined. I was riding on the near side of the van; the driver sat in the middle—I was looking through the near side, where the tarpaulin was not fastened—I think I had a better view than any of the other officers—Ryan came on near the side while the others were lifting the chest—the top chest was lifted bodily off the other—Bailey was on the near side, and William Hare on the other side—they got their hands underneath it, and it was bodily lifted off—it might have rested on the other chest for a moment—the chest was turned over—I should not describe it as sliding along.
Re-examined. One chest was almost in touch with another when it was moved.
FRANK GIRDLER (Police Sergeant, H). I was with the last witness in the van on June 12th—I saw the five prisoners in the van we followed—I saw a rope drop—I pursued the three men who went up Swallow Court—I lost sight of them—I afterwards proceeded to the Minories—I arrested Ryan—I have seen Bailey before, over London Bridge, near the Borough Market.
Cross-examined. I was in a crouching position in the van, looking over the rail on the off side—Leeson was in front of me.
BENJAMIN LESSON (282 H). I was with Gill and the other officers in the van on June 12th—I saw all five prisoners in the van—I shifted my position—I was able to see what took place—in Royal Mint Street I was looking out on the near side of the van—shortly before 10 a.m. the prisoners left the Crown and Seven Stars public-house, got into the van, and drove slowly away towards the City—they drew up on the right side of the tea van—Bailey, Tripper, William Hare, and Ryan got out, leaving the van in charge of George Hare—those four prisoners went to the tea van, and one of them cut the rope—I saw the rope fall—it was cut in the centre—Bailey and William Hare lifted one chest of tea from the top of another—Tipper was standing behind them—they were about to put it on their van, when Ryan came and looked in our van, and returned and spoke to them, and they dropped the chest of tea back into its place—their van was driven towards the City, followed by Ryan and the other three prisoners—I had a good view—the cheat of tea was taken right off and
moved a foot from the other one—I know Tipper and Ryan well; I had seen them before.
Cross-examined. I was crouching on the near side, looking out at the side—Wensley was in front of me—I did not put my head out—we were 20 to 30 yards behind them—I pulled the tarpaulin aside, right in front—the top chest of tea was lifted bodily; it was tilted.
HENRY DESSENT (409 H). I was with the other officers, and saw what took place—after we passed the Seven Stars I saw Bailey and William Hare lift a chest of tea right off another chest on the tailboard of the van—they appeared to be endeavouring to get it off the van; then they got the alarm from Ryan, who had looked into our van, and they let go and ran away—the whole thing took about 10 or 12 seconds—before that Tipper and Bailey were in the back of their van, next William Hare, and Ryan, by the side of Tipper—I knew Tipper and Bailey.
Cross-examined. I was at the back of our van on the off side—one officer was in front of me—I had a very good view in the front from that side—I was in the body of the van, looking through the front—I was standing up.
ISSY JACOBS . I am a master carman, of 8, Finch Street, Brick Lane—I know the two Hares—on June 12th I let my van with two ponies to George Hare between 7.30 and 8 a.m.—about 10 a.m. I received information about my van—I did not let these two hooks nor these tarpaulins with the van to William Hare—I had let him the van four days before—George Hare came for it on this day, and his brother the other four days—George brought it back.
Witnesses for William Hare.
GEORGE SINGLETON . I am a horse-keeper employed by the London Omnibus Company—I live at 28, Hornsby Street, Percy Street, Kings-land—I was with William Hare in the Duchess of York public-house on Wednesday, June 12th—I generally go into his shop every morning about nine, as soon as my 'bus goes, at breakfast time—this morning I went to his house first, and then to the Duchess—I did not find him at home—I had a sandwich, and in consequence of a conversation with his wife I went and found him at the Duchess about 9.5 or 9.10—I stopped there with him till after ten—we came away and towards his house together—we both had a little drop more than enough—I only saw him to his house—my father, who is the foreman of the yard, sent me home, and I lost another day off besides—I have not had a day off since.
Cross-examined. I was first asked to remember what took place on June 12th, Thursday or Friday last week, in Mr. Hare's shop—I had been asked about it before he was committed—I was at the Police-court—I was not asked, and did not give evidence there—I remember it because of the days off, and I went to work on the Saturday or the Friday—I do not know of any time sheets in our yard—I know the time because my 'bus had gone when I got back to the yard.
Re-examined. I saw Mr. Bedford, the solicitor, instructing you at the Police-court.
Singleton last Wednesday fortnight, June 12th, in the Duchess of York public-house—Singleton came to the yard at 12 o'clock intoxicated, and his foreman sent him back—I went with William Hare from his shop about 8.40 or 8.45a.m.—Singleton came in afterwards—we remained in the Duchess about 20 minutes, 10 minutes after Singleton came in—I left about 9.15, leaving Singleton and Hare there.
Cross-examined. Seeing them coming back drunk and getting a holiday for two days fixes it in my mind—the solicitor asked me to come to this Court yesterday—Singleton is a pal of mine, and I noticed his being away that day—I have not seen any time book in the yard—I was convicted of larceny last Christmas, and before that of stealing from the person—I had two months' imprisonment, and before that a month.
Re-examined. Since then I have been in the service of the General Omnibus Company.
SELINA HARE . I am the wife of William Hare, of Hows Street, Kings-land—on Wednesday morning, June 12th, my husband came home late for breakfast—I remember the date because we had a quarrel the previous evening, which is not a common occurrence, and in the morning he sent my boy down for a soda and milk, and I would not send it up to him, so he got up out of aggravation and came into the shop, while I was serving Davis, one of the ostlers, and he asked him to go to the top, and have a drink—that was about 8.35 or 8.40—it was after 10 when my husband came back—at breakfast we had another little row, because he kept the breakfast waiting.
GUILTY .—BAILEY then PLEADED GUILTY to a conviction of felony at Clerkenwell on July, 1897. Ten previous convictions were proved against him. Five years' penal servitude. —WILLIAM HARE PLEADED GUILTY to a conviction of felony at this Court in February, 1900. Another conviction was proved against him, and he was stated to have been the receiver of the proceeds of larcenies. Four years' penal servitude. —GEORGE HARE. (See next case. )—TIPPER, Nine months' hard labour; and RYAN, Six months' hard labour.
The COURT commended the conduct of the police.
JOHN WILLIAM WELLS . I am a carman employed by Evans & Sons, of Medland Street, Ratcliff—on May 15th I was in Basinghall Street, with my horse and van, and several bales of goods—I left the van to go into Messrs.Hogg's warehouse about 1.15, and was there till about three minutes to two—amongst the goods was a bale addressed to McIntyre, Hogg & Co., and I went down to their basement—when I got back upstairs Duff and a constable came to me—I then looked in the van, and found there was a bale short—I went to Moor Lane Police-station, and found the bale there.
the sheet, and Hare standing by the horse's head—I stood two or three minutes, and saw him shove the covered van back to Evans' van, and, with Silk, jump into the covered van—then the two of them removed a large bale from Evans' van to their own, and they drove off along London Wall at 10 miles an hour—at the corner of Moorgate Street I called to a constable on point duty—I stopped the horse which Hare was driving—Hare said, "Holloa; what is the matter?"—I said, "Never mind what is the matter; get down"—he pulled the near-side rein to jamb me against the scaffolding of a building being put up—I let go the horse's head to get out of danger—Hare pulled the horse out, and I claimed the horse's head again—Hare leaned on the horse's back, and Silk jumped off on the off side, and Hare on the near side—I let go the horse's head and claimed Silk; I mean I took hold of him—his coat came undone in the struggle—Hare ran up and said, "Holloa! what's the matter?"—I said, "You have got a bale in that van that does not belong to you"—Hare escaped; the constable took Silk, and I took the van to the station.
ERNEST HILLS (371, City). I was on point duty at London Wall and Moorgate Street on May 15th, and Duff spoke to me—I saw him trying to stop a horse and van—Silk jumped out, and Duff caught hold of him—I found this bale in the van—I took him into custody and charged him with stealing it—he said, "You have made a mistake."
Silk, in his defence, said that he was ashed by Hare, the carman, to give a lift with the bale, and that he stopped in the van, as Hare promised to treat him, but that he did not know it was stolen.
GUILTY .—HARE— Twelve months'hard labour. SILK then PLEADED GUILTY to a conviction of felony in September, 1898, at this Court; and eight other convictions were proved against him.— Five years' penal servitude. There were other indictments against George Hare.
The witness Duff was commended by the COURT and awarded ₤2.
OLD COURT.—Monday, July 1st, 1901.
Before Mr.Justice Grantham.
MR. PURCELL Prosecuted, and MR. HUTTON Defended.
NOT GUILTY .
NEW COURT.—Monday, July 1st, 1901.
Before Mr. Recorder.
MR. HUMPHREYS and MR. CAMPBELL Defended.
The prisoner, in the hearing of the JURY, stated that he was GUILTY, upon which they returned that verdict .— Judgment respited.
MR. ARNOLD Prosecuted.
HUGH WHITWELL . I am Resident Medical Officer at the Royal Free Hospital—on June 11th I examined the prosecutrix, and found her suffering from a Woken jaw and a great many bruises on her back, which might have been caused by kicking.
JOHN BISSELL (Detective, E). At 6p.m. on June 11th I arrested the prisoner and told him he would be charged with causing grievous bodily harm to the prosecutrix at Mount Pleasant at 10.30 p.m. on June 10th—he replied, "I did not kick her; I only struck her in the mouth with my fist; I did not know her jaw was broken"—he was taken to the station and charged, and made no reply.
Cross-examined by the prisoner. You did not say, "I only hit her a backhander on the jaw."
ALFRED BIRCH . I live at 124, Farringdon Road—at 10.30 p.m. on June 10th, at Mount Pleasant, I saw the prisoner strike the prosecutrix a blow in the face, and she fell to the pavement; the prisoner then kicked her under the jaw, and she became insensible.
ADA GUSSELLI . I live at 44, Devonshire Street, Theobald's Road, and am the wife of Anthony Gusselli—at 10.30 p.m. on June 10th I was inside the Cheshire Cheese public-house, Mount Pleasant—the prisoner came in, and asked me for 6d.—I said I did not owe him 6d., and he struck me in the face—I came outside, when he again struck me, knocking me down, and while down he kicked me under the jaw, breaking my jaw.
Cross-examined. You did not lend me 6d., and I did not call you an Italian bastard—I gave you no provocation.
Witness for the Defence.
LODOVICO SCRIVANO (Interpreted). I was in this public-house when the prisoner entered, and asked the prosecutrix for 6d.—she called him an Italian bastard, and he gave her a blow—they both went out, and prosecutrix threw a glass at the prisoner, and he hit her again with his open hand, and she fell—she got up and fell again, and I then saw blood coming from her mouth—the prisoner had already left.
By the COURT. When she got up the first time no injury was visible—I believe her jaw was broken in falling the second time—I saw no kicking.
Cross-examined. I was quite close to the prisoner—I know him, but we are not friends.
The prisoner's statement before the Magistrate: "I never kicked her; her jaw was broken by her falling down."
The prisoner produced a written defence, stating that he had asked the prosecutrix for the 6d. she owed him, and she called him names, and he smacked her in the face, and that he knew nothing about her broken jaw until he was arrested.
GUILTY .— Judgment respited.
THIRD COURT.—Monday, July 1st; and
NEW COURT.—Tuesday, July 2nd, 1901.
495. JOHN HOLMES (50) , Unlawfully disposing of certain goods within four months of his bankruptcy otherwise than in the ordinary course of his trade, with intent to defraud, and obtaining goods on credit within four months of his bankruptcy.
MESSRS. MATHEWS and GILL Prosecuted, and MESSRS. CRISPE, K.C., and
GEORGE INGLIS BOYLE . I am a messenger of the London Bankruptcy Court—I produce file of proceedings in the bankruptcy of John Holmes—I find that on July 17th, 1900, a joint petition was presented by Henry Thomas Wilkins & George Denton; on July 27th there was a Receiving Order, and on August 15th John Holmes was adjudicated bankrupt—he is described as a boot and shoe manufacturer, of 38, Leather Lane, and at Hatton Wall—on August 23rd Augustus Palmer was appointed trustee—the bankrupt filed a Statement of Affairs on August 11th—the deficiency is ₤4,255 6s. 7d.; the total liabilities, ₤7,052 4s. 7d.; assets, ₤2,798 18s. 5d.—amongst the unsecured creditors for goods sold and delivered between April and June, 1900, are Brian & Son, Kettering, for ₤133 3s. 1d.; and Wilkins & Denton, 52, Basinghall Street, ₤111 2s.—the bankrupt was privately examined on September 22nd before the Registrar, and publicly examined before Mr. Hartrop on September 25th—this is a transcript of the notes—these are the same signatures on the Statement of Affairs and on the examination—the deficiency account is made up of bad debts, ₤8 15s.; expenses incurred since July, 1894, other than trade expenses, at, say, ₤5 per week, ₤1,500; and other losses, as per schedule annexed, ₤2,909—in the schedule is "Lost by burglary, on July 1st, at 38, Leather Lane, ₤709"; then "Loss on business during illness at Christmas, 1899, about ₤100"; and "Loss on business and expenses of fitting up 68A, Leather Lane, about ₤500; ditto, 63, Leather Lane, about ₤100; ditto, 38, ditto, about ₤300; ditto, 41, Exmouth Street, ₤200; ditto, 31, Exmouth Street, ₤150; ditto, 61, Leather Lane, ₤50; ditto, 180, Drury Lane, ₤50; ditto, 47, Leather Lane, ₤150; ditto, 50, Lower Marsh, ₤500; and ditto, 53, Leather Lane, ₤100."
Cross-examined. There is on the file an examination of the bankrupt's brother, Thomas Holmes, Thomas Frith, and William Marlow; and an account showing particulars of advances made by the bankrupt before July, 1900.
CHARLES EDWARD HARTROP . I am an examiner in the Official Receiver's Department—I took part in the preliminary examination of the prisoner on his Statement of affairs—it was first taken by Mr. Sims on July 27th, and statutory questions put; and on August 29th and 30th the prisoner's answers were completed, and he signed it as correct in its completed form—he describes himself as carrying on business in Leather Lane, and states that he sold the stock at 50, Lower Marsh to his brother, Thomas Holmes, for ₤50, in May. 1901; and that he gave ₤100 for the business, and said, "In 1897 I had a shop at 40, Exmouth Street, Clerkenwell, removed to 31, Exmouth Street, and traded until June last, when I let the premises to Mr.Fogo, and sold the stock to my brother Thomas for
₤35"; and "I opened a shop at 180, Drury Lane in 1898, which I sold about April last, 19 months afterwards, to my son, John Henry Holmes, for ₤50; the stock came from 38, Leather Lane;" also, "On July 1st last my premises, 38, Leather Lane, were entered, and about ₤700 stolen in cash"; that he had a banking account at the Union Bank of London, Hollborn Circus branch; that his balance was ₤2 12s.; that he sold the stock at 180, Drury Lane, to his son, John Henry Holmes, for ₤30, and I made the correction; that he had not pledged any of his property—he has signed at the end of his private examination, and I witnessed his signature—the signature to the public examination is the same—(Passages from the public examination detailing the above facts were then read. )
FREDERICK JOSEPH BILLINGHAM . I am an agent, of 12, Darville Road, Stoke Newington—for some years before the prisoner's bankruptcy I sold boots and shoes to him on behalf of different manufacturers—I called on him from time to time—it was pare of my business to notice his stock—in April, May, and June, 1900, I called frequently at his shop, 38, Leather Lane, and at his warehouse in Hatton Wall—I called at his shop in Leather Lane on July 2nd, his petition being on July 17th—I should say the value of his stock was about ₤1,000—I do not think there was so much stock in May and June—his stock varied; sometimes there was a larger amount at the warehouse, and sometimes more at the shop—in June I saw at least ₤3,000 worth of stock at Hatton Wall at one time—the prisoner showed me over the stock once or wice in May, June, and July—he had several houses—I saw his stock in Drury Lane previous to the transfer to the son, and afterwards—its value was between ₤500 and ₤600—the transfer was notified in the boot and shoe trade journals—it was advertised—I called at his shop in Lower Marsh, Lambeth, in May or June—the value of the stock was ₤500 or ₤600, and that at Exmouth Street, when I went with the debtor once or twice in May or June, was about ₤250.
Cross-examined. I have done business with him 15 or 16 years—I considered him a respectable man, who carried on his business fairly—some creditors opened business relations with the persons to whom the business was transferred—I supplied Fogo—I did not examine the whole stock; I made a calculation—some boxes were open—I took a general view, and estimated from my 35 years' knowledge of the trade—I did not notice the change of name on the facia at Drury Lane—at the private meeting I represented Matheson's, Anstie's & Skinner's; I there first heard of the shop in Exmouth Street being sold to Fogo.
Re-examined. There was nothing in the trade journals as to the price the businesses had been sold at—the fact of being about to give credit would cause me to notice the value of the stock—I represented other creditors, including Wilkins & Denton.
JAMES FOGO . I live at 3, Peter Street, Rochester—in June last year, after negotiations with the prisoner, I became tenant of a shop and parlour at 31, Exmouth Street, at 23s. a week, and I agreed to pay ₤35 for the goodwill—I paid ₤5 down; the balance was to he discharged in instalments of ₤1 10s. a week—I took possession about the end of June—I saw about ₤400 worth of stock there; that was removed before I went in.
Cross-examined. I am a collector—I was a boot salesman—I was not
going to buy the stock—my valuation is a rough one—I said before the Magistrate that the stock was worth ₤200.
HENRY THOMAS WILKINS . I am one of the firm of Wilkins & Denton, boot and shoe manufacturers, 42, Basinghall Street—we were creditors, in this bankruptcy for goods supplied—these are copies of our invoices of March 7th, 1900: "37 satin-legged Balmorals, at 4s. 9d. a pair," and, of March 10th, "12 pairs satin-legged Balmorals at 4s. 9d. a pair"; we supplied those goods—the defendant accepted this bill for ₤48 17s. 4d., dated April 21st, 1900, at four months—the bankruptcy took place before the bill matured; it was subsequently dishonoured—these two pairs of boots are samples of those we supplied.
Cross-examined. We supplied other customers with the same kind of goods; some to the prisoner's son on May 2nd of the same year.
JOHN PACKER . I am a boot and shoe dealer, of 35, Highgate Hill—I attend auction Hales; on June 18th, 1900, I bought at an auction from Louie Joseph some satin-legged Balmoral boots like these (Produced)—I recognised them as the make of Wilkins & Denton, of whom I had been a customer, at 4s.9d. a pair—I paid 3s.6d. a pair for one lot at the auction and 3s.8d.for another—I bought frve out of six lots—there were 36 pairs.
Cross-examined. I recognise them by the finish, especially of the toes.
ALFRED HENRY BRYAN . I am a boot and shoe manufacturer, at Milson's Works, Trafalgar Road, Kettering—Robert Ayres was my agent in February last year—I received from him this order, dated February 25th, and put a mark on it—on March 8th I went to Holmes' shop in Leather Lane—he showed me over the shop, and also the warehouse at Hatton Wall—the shop was not opened, but had a number of cases of goods there, but at the warehouse there was a considerable stock—the place had been burnt, and I understood it was being rebuilt for reopening—I estimated the stock at the warehouse at over ₤3,000—that influenced me—I saw the defendant with a view of confirming Ayers' order, and as to another line of youths' boots—the defendant wanted the goods delivered as early as possible—I agreed to a four months' bill—the first delivery was on April 14th of half the order—this is the invoice of the goods at 7s.6d.a pair, value ₤68s 8s., No. 3027—I received this acceptance, dated April 24th, at four months, for ₤66 11s. 7d.—that was never met—the second delivery order was May 11th, 1900, No. 3027, at 7s. 6d. a pair, and received a bill of the same date for ₤66 11s. 6d.—that has never been paid—"No.3027" and the order mark "L22" are stamped on the lining by ourselves—the difference bttween the invoice and the acceptance amounts is the allowance for the empty cases—I find the number and the order mark stamped in the boots produced.
Cross-examined. We add the number and mark—we have a separate letter for each district—they are stamped on the goods and entered in the books, etc.—I understood that he had other shops—he told me he was going into the wholesale line—I estimated the value of the stock at the warehouse at from ₤2,000 to ₤3,000—I supply the same kind of boots to the son; not with the same mark.
order for Bryan, of Kettering, from the defendant—I subsequently visited his premises with Brian at Leather Lane and Hatton Wall, and agreeds to accept the order—the first lot was delivered on April 14th, and the second on May 11th—shortly after the delivery in May I was present at John Eatwell's,46, Mildmay Park, boot and shoe dealers, in consequence of receiving information, and in his house I recognised boots of the same make and description which had been furnished by my principals at Kettering to Holmes, and like those produced—I visited the defendant's premises weekly in January, February, March, April, May, and June last year, and some weeks twice a week—at Drury Lane he had a very good stock, worth from ₤600 to ₤700, and sometimes more—I have seen ₤1,000 worth of stock in that shop—it is part of my duty to notice stock—I think there was rather more at Drury Lane, and at Lower Marsh about ₤400 to ₤500 worth—I did not go into the shop at Exmouth Street, but might estimate at ₤200—at the Hatton Wall warehouse there was ₤2,000 to ₤3,000 worth of stock—I heard of the transfer of the Drury Lane business to the son afterwards, and was greatly surprised—I went there afterwards—I saw no change of title—the shop remained open about two months after the transfer—I did business there—I was on the alert—one morning I found it closed, and with a padlock on the door—that was the latter part of July or early in August—the shop was locked, and the stock had gone.
Cross-examined. My estimate is a guess—the prisoner told me he was going to enter the wholesale trade—I have known him about 20 years in business at Leather Lane and Hatton Wall—I always found him straight forward and honourable in all his dealings—I did not notice an announcement on the window at Drury Lane in 6in. letters.
JOHN EATWELL . I am a boot and shoe dealer, of 46, Mile End Road, Newington—at the end of May I attended an auction sale of boots by Louis Joseph, of Ball's Pond Road—amongst them were some described as as kid-legged Balmorals—I bid in the name of Brown—the boots were similar to these produced, marked 3027, L22—I bought five lots of six pairs in a lot—I paid 5s.2d. a pair—afterwards Ayers called and spoke to me, and I showed him a pair—this is the pair, which he asked me to put aside for him.
Cross-examined. The number inside was one of the first things I looked for—I said before the Magistrate, "I could not say when my attention was first called to the number inside"—it was when Ayers came that I recognised the boots.
Re-examined. I also said, "I got three or four lots of boots with that number inside," and "Ayres called upon me a month after the sale; I then examined the boots, and recognised a similar number."
LOUIS JOSEPH . I am an auctioneer, of 49 and 51, Ball's Pond Road, Islington—on May 14th, 1900, I bought from the prisoner 862 pairs of boots and shoes—I paid him for them by this cheque for ₤120, which is endorsed "John Holmes," and the cheque was crossed, but as he told me he had not a banking account, and wanted the money, I wrote on it, "Please pay cash," as it appears—I took from him this receipt for ₤120—I sold them by public auction on May 21st—they realised ₤137 7s.—Eatwell was a purchaser at that sale—he bought in the name of Brown—
I knocked down to him lots 262, 305, 248, 317 and 403—in the catalogue each of the lots 262, 305, 248 and 317 is described as six pairs of kidlegged leather-lined boots—on May 30th I advanced him ₤140 by this cheque of that date upon another parcel for sale on June 18th—he wanted the cheque open—I took this receipt, which states that it is an advance of ₤140 upon these boots pending sale—lots 145, 146, 147, 148 and 150 are described in the catalogue as "parcels of six pairs of satin-lined Balmorals"—lots 145, 146 and 147 were sold to Packer—the whole lot upon which I had made an advance realised ₤213 14s., which, after deducting commission, left a balance owing to the defendant after the sale, of ₤49 16s.—I paid that by this cheque, dated June 22nd, 1900, for ₤49 16s., which is open in the same way—the boots came from the defendant's premises in Hatton Wall.
Cross-examined. I believe it was Hatton Wall or Leather Lane—I saw the goods—I did not see them moved—my principal business is with regard to trade sales in any trade—honest traders from time to time dispose of their goods by auction—the prisoner must have made some remark, or I should not have crossed the cheque—I did not say for certain; I said I thought so—to the beat of my belief, he did not say, "I do not want to pay it into my bank; mark it 'Pay to bearer'"—I advertise and call on tradesmen for stock to sell—I called on the prisoner between the first and second transaction—he came to me first on May 21st.—then I called on him before May 30th.
Re-examined. It is not usual to sell by auction goods which have not been paid for.
AUGUSTUS CUFAUDE PALMER . I am a chartered accountant at the Railway Approach, London Bridge—I was appointed trustee in the defendant's bankruptcy—from his Statement of affairs the total amount due unsecured is ₤7,030 4s.7d. for goods supplied, and ₤22 for gas and water—I took possession of stock of the value, at Leather Lane of ₤1,391 13s. 6d.; I saw the bankrupt, and adopted the figures in the statement as the value of the goods at cost price; at Hatton Wall, ₤609 12s.; roughly, ₤2,000; cash at the bank, ₤2 4s. 4d.; trade fixtures, about ₤15; furniture, ₤20; leases: Lower Marsh, ₤50, of 38, Leather Lane, estimated at ₤200; total, ₤2,288 9s.10d.; further assets were disclosed by book debts, ₤1 16s. 8d., and estimated surplus from creditors fully secured, ₤556 10s.; that has not been a realisable asset—the real value is about ₤2,000 at cost price—the deficiency works out at ₤4,255—that will be augmented by unrealised assets, so that the real deficiency is ₤5,000, roughly—none of Joseph's three cheques produced were accounted for to me, nor the proceeds of the alleged two transfers to the brother, and one to the son of the premises in Clerkenwell, Lower Marsh, and Drury Lane—under an order obtained by me, the defendant filed the deficiency account of ₤4,255 in round figures—I received no material to vouch those figures except his statement that he lost certain moneys advanced as loans to different persons, but none of those persons' addresses could be found—I think he made that statement in his public examination; the deficiency account simply gives the figures—there is in the schedule, "Loss by burglary, July 1st, 1900, at 38, Leather Lane, ₤707; loss of business during illness, Christmas, 1899, about ₤100," but no
reference to losses by advances—he did give that as an explanation, but no amounts of loans, only names and addresses which could not be found—his banking account is of amounts paid up since January, ₤4,000 odd, and since April 1st sums drawn out amount to ₤2,708 4s., and several amounts paid in—I do not find any proceeds of stock in his banking account since April 1st—I am giving you the figures from an extract from the pass book—on April 1st his credit balance was ₤63 4s. 4d., and on May 1st ₤101 11s. 3d.—₤1,076 15s. was paid in between April 1st and May 1st—except from the defendant's statements, I had nothing to account for the deficiency—there were no books, so that it was impossible to get it—what has become of the stock we do not know, except what we have found out by examination of the bankrupt, and the evidence given before the Magistrate and here.
Cross-examined. I am an expert in the leather and boot trade—I was instructed by the solicitor acting for the bankrupt not to prepare a Statement of affairs, but to take the stock only, in view of a statement being made to the creditors when they met—I saw enough of the defendant to find out that, although he could read and write, he is illiterate—I do not imagine he is good at figures—when he paid money into the bank there would be a succession of acceptances—that is borne out by his pass book—I found no paying-in book—from the cheque books I found his payments out were for goods and other legitimate payments—a few little items were not traced—all that has been paid into the bank has been properly accounted for—at the beginning of 1900 he had a cash balance of ₤117 5s.3d.—there was a total paying-in of ₤4,743 in practically six months—on June 25th there was a balance of ₤4,229 4s.—I instructed a private detective to make inquiries as to the burglary—he was also tracing out goods—I sold the lease of Leather Lane for ₤112—₤200 was tendered with the stock—Mr. Cohen, the purchaser, sold it to the London County Council for a much higher sum, but I did not know the L.C.C. would require it, or I should have retained it longer—his payments in cash into the bank were not identified—I valued his stock just before the private meeting being called by the solicitor, which was on July 13th, so that my valuation would be about the 10th or 11th—I got the cost price from the defendant, and a bundle of invoices was handed to me—I made an inventory, as I adopted the figures in the statement—I did not know it would be wanted—it is at my house at London Bridge; I can get it—Mr. Raphael's question to me in cross-examination as to the total value of stock being only ₤2,043, referred to the purchase of goods within the last two months of June and July—he asked me whether I had tested that by statements from creditors, and since I have applied for, and got statements from all the creditors, but the question had nothing to do with the figures I had adopted as the value of the stock—two months before the petition I got ₤2,161 12s. 7d. from statements obtained from creditors since the examination at the Police-court—in the debtors' schedule it was ₤5,257, but probably whoever prepared that statement had put down wrong dates, and the months in which the goods were supplied—I have known cases where empty cases are among the stock, but it is not the usual practice—in taking stock I should look.
Re-examined. Whatever month the goods were supplied, the deficiency
is the same, about ₤5,000, although the dates did not turn out to be true dates.
HENRY CALLAGHAN ( Detective, E). I was instructed to make inquiries in reference to a burglary stated to have taken place at 38, Leather Lane, and on Monday, July 2nd, I examined the premises—I found a door from the street into the passage, on the right, and two doors from the passage into the shop, about three yards apart—the defendant took me into the shop and showed me the gas meter, and where he said the money had been, which was behind a box which was by the wood partition, and which was torn away—he showed me a box, boarded up, round the gas meter, and the case against the gas meter—he said a little over ₤700 had been taken, and he showed me a bag, which was cut right across, and which contained some bank bags, which he alleged the money had been taken out o—I think he said the wooden casing was screwed up after he put the bag in, and that it was wrenched away—I found the wood work round the gas meter broken away—he said six pairs of boots had been taken, which had his mark on them—I examined the front door; it had no marks on it—the second door into the shop from the passage was closed, but not locked; it was simply latched, but without a lock—no injury had been done to it—he said it was never locked—on the other door, as you enter on the right, I found the bolt of the box lock had been torn inwards towards the shop, the door opening outwards into the passage—the only marks I saw on it would be, in my judgment, caused by pressure from inside, which bent the bolt and forced it outwards, but no instrument had been used—there were scratches on the woodwork from the lock, which was bent round.
Cross-examined. There was a girl on the premises when I made my examination the next morning, the burglary being, said to have been on the Sunday evening—complaint was made, and the same night the place was visited by Sergeant Farrow, and the next morning I was sent to investigate—Inspector Pugsley also examined the premises—from inquiries I found the girl's brother had been convicted, and her sweetheart, named Brown, is in custody for larceny from the person—I have seen the girl with Brown and others many times—some are thieves—Brown is now at the North London Sessions.
Re-examined. I questioned the girl in the defendant's presence—I think she left the same day.
JAMES FARROW . I was station-sergeant at Gray's Inn Road Station on July 1st—about 11.50 a burglary was reported at the station as having occurred at 38, Leather Lane—at 12.30 on July 2nd I visited the premises—the defendant said that he had placed ₤700 in money in Bank of England paper bags, which he put into a handbag, and put that in a box as a safeguard with the gas-meter, and that he screwed the lid down—he said it was all right when he went out just before six that evening, and that on his return, about 11.25, the street-door was open, which opens into the passage, from which there are two doors, into the shop; that the first door had been broken open from the passage, and that the second had been left unlocked; that the wood at the top of the box round the gas meter had been forced up—a handbag was on the counter,. with a piece cut out of it, and some empty paper bags in it—I said
something to the effect of "Don't you think it rather unwise to keep money in a place of that description, which is rather weak, in the shop?"—he said, "Oh, no, I think money in my own keeping is better than in the bank, sometimes"—I examined the premises—the street-door was all right—on the first door in the passage the bolt of the lock was bent in towards the shop, showing that the door had been forced from inside the shop, because it would be impossible for the bolt to be bent as it was if forced from the passage—the grazing of the bolt of the lock had caused a mark on the woodwork—I told him if that door had been forced it had not been forced in the way he suggested, and asked what was the necessityof forcing the door if the other door was unlocked—he said, "Then they must have got in 'at' or 'through' the skylight at the back"—I went and looked at the skylight from the top of an anteroom—the skylight was intact and fastened—there were no marks on it—it was 12ft. to 14ft. from the ground—then he said they must have got in along the front window at the top of the house, along the guttering, and have come down by the staircase—I went to that part—there was one window open—there was no dust or cobwebs disturbed, or sign of anyone having entered—I said so, and shortly afterwards left—I am positive I made a thorough examination of the premises, being the first officer called there; and, as far as I could see, there bad been no attempt to enter, judging from my experience.
Cross-examined. I have had 23 years' experience—the defendant did not tell me he had missed a key—I went there about 12.30 a.m.—I had an inkling of the story of the servant, but I have not heard Callaghan's statement—I have heard of assistance being given in burglaries from within.
JAMES BUCKLE (Detective Officer). On March 11th I received a warrant to arrest the prisoner—I executed it on March 12th at 29, Portland Road, South Norwood—I read it to the prisoner—he replied, "I can explain all that"—I took him to the railway-station—on the way he said, "It is a pity they have got ₤2,500 assets to prosecute with"—I took him to Gray's Inn Road Police-station—he was charged—he made no reply.
GUILTY .— Nine Months' hard labour.
OLD COURT.—Tuesday, July 2nd, 1901.
Before Mr. Recorder.
GEORGE JONES . I am one of the firm of Norris & Sons, builders—last March I was living at 48 and 49, Doughty Street—the prisoner was lodging in the same house—she said she and her brother had property—she asked me, "Do you know anyone who would discount a bill for me? Would Mr. Norris do it?"—I said, "I do not know"—I received this letter on April 13th; next day we received a second letter (Produced).
she handed me this bill for ₤245; she said it was given her by her brother in payment for some furniture he had bought from her—she said she wanted a loan of ₤50, and that the bill was accepted by Frederick Laurence—we took her bill for ₤60, and gave her a cheque for ₤54 19s. 3d., which was afterwards paid—on April 15th I received this letter from her—(Saying that she required another ₤30, and if she could have it on the same terms she would be quite satisfied.)—on the same security we advanced her another ₤30 by cheque, which was paid—on April 17th we received a letter card from her, which was a receipt for the ₤33—This also requested another ₤10 for her, so as to settle some business matters. )—we took her bill for ₤11, and sent her a cheque for ₤10, which was paid—I cannot say from memory when her bills became due, but when they did, our bankers presented them for payment—they were returned marked "No account"—they were presented at Hammond's Bank, Canterbury—we became suspicious, and I went to Maids tone, and saw Mr. Frederick Laurence—he said the bill was not issued by him—we then caused these proceedings to be taken—we subsequently found that Mr. Laurence's acceptance of January 24th was a forgery.
FREDERICK LAURENCE . I live at 1, Somerville Terrace, Maidstone, and am a wholesale grocer—the prisoner is my sister—the acceptance on this bill is not written by me or by my authority—my sister had no authority to sign my name on the back of any bill—I have never given her an acceptance in exchange for furniture—I have never bought any furniture from her.
Cross-examined. She is my eldest sister—I know that in June, 1879, she was certified as insane—she was then staying at my father's house; he was very much attached to her—he is now dead—she made an attempt upon her life at that time, and was certified by Drs. Monckton and Meredith as insane—she was sent to Halliford Asylum—there have been several instances of insanity in the family—my father's eldest brother died in an asylum, and also some cousins of my father—the prisoner was married prior to 1879—after she had been at the Halliford Asylum a short time she left, but returned there again—I know she has forged documents on many occasions—I had to pay one of them—she got into the hands of money lenders, who got money from her—I do not know what the transactions were—I heard that she has recently made an attempt upon her life.
Re-examined. I do not know if she got the money for the documents she forged—she has forged my name to a number of acceptances.
Evidence for the Defence.
WILLIAM HASLETT ,M.R.C.S.Lond., and L.R.C.P. I have had considerable experience in dealing with persons who are insane—in 1890 I was one of the Medical Officers at St. Luke's Hospital, and since 1892 I have been Medical Superintendent at Halliford House Asylum, at Sunbury-on-Thames—from the books I find that the prisoner was admitted there in June, 1879, under a certificate signed by Drs. Meredith and Monckton—she remained there a short time, and was then discharged
—that was before my time—on December 2nd, 1890, she was again admitted, on an emergency order by Dr. Savage—she remained there till March 1st, 1892, when she left to go under the charge of a Mrs. Rogers, who had been a matron at Halliford House, under what is known as "single care," but still under certificates—I saw her frequently, and finding she was getting bad again, on my advice she was again taken to Halliford House on July 5th, 1894—she was discharged on certificates on January 29th, 1896—I considered her case as one which could never recover; she would get better for a time, and then have a fresh outbreak; her better moments were never permanent—she has a complete absence of moral sense on financial matters—while at Halliford House she forged the matron's name for a small amount, although she had a considerable amount of money in her possession, and she committed some small thefts—she was morbidly suspicious, and she slept badly and had hallucinations—she thought she heard voices of people threatening her family, and especially her children—it is a very common delusion to hear voices.
Cross-examined. She was discharged in 1896, but not as recovered—she was discharged by her friends—the discharge of patients has nothing to do with the doctor under whose care she is; she ought to have continued under supervision—she always showed a great deal of cunning.
DR. GEORGE SAVAGE . I practise at 3, Henrietta Street—I have had 30 years' experience in dealing with insane people—I have known the prisoner's history since 1890—I saw her then, and formed the opinion that she was suffering from chronic delusional insanity, with ideas that there were people wishing to injure one of her children, and that the only way to save it was to get money by any means to keep off the prosecutions—I saw her at Halliford House in May, 1891—I was then of opinion that she was still of unsound mind—she then believed that she had ₤8,000, and could spend what she liked—she had no idea that she had forged signatures—she was not responsible for her actions—I saw her again in February, 1892—she was improved, but still insane—I formed the opinion that she would never recover—in March, 1893, I saw her again—she was still insane; I thought then she would be better in a private asylum than in lodgings—I saw her on June 18th last at Holloway—I think she is of unsound mind—she has delusions that people are going to ruin her eldest son—she said that detectives followed her wherever she went, and that she was haunted by people night and day, and that she wanted to commit suicide to save trouble to her son Lance—hearing voices in the street is a very common delusion—I believe she is perfectly sincere, and believes what she says—the condition of things which I found lately is quite consistent with what I observed 10 years ago.
Cross-examined. When I certified her to be insane the circumstances were almost the same as these—I think she is a very dangerous person to be at large, and ought to be controlled.
DR. BIRD. I live at 9, Brook Street, New Bond Street—I attended the prisoner in 1890, and found she was insane—I have not seen her since.
seen the prisoner while she has been there—knowing the medical history of her case, I agree with the former witnesses, in the main, that she is of unsound mind—she is subject to delusions.
GUILTY, but insane at the time, and not responsible for her actions .— To be confined during His Majesty's pleasure.
Before Mr. Recorder.
MR. STEPHENSON Prosecuted, MR. CRISP, K.C., and MR. WATT Defended.
HENRY ERNEST ROLT . I am Deputy Superintendent Registrar for Camberwell—I produce the original register, which contains an entry of a marriage on April 24th, 1876, between Albert Major, solicitor's clerk, and Emily Mary Bartlett—their signatures are here.
MRS. SWEETINGHAM. I am the wife of Richard John Sweetingham, and the sister of Emily Mary Bartlett, who is here; her name is Major now—that is her—I remember the prisoner courting her in 1875, and on April 24th, 1876, she went out early in the morning and came back with the prisoner—he said, "I am married to Emily; now I am your brother"—After that she stayed a few days, and then went to live with him in Finsbury Park, and afterwards, I think, to Peckham—I visited them—I did not see him that day, but I saw them when they lived in Percy Villas—they lived in Little Park Road just before he deserted her in November, 1681, taking the furniture, and went to live with another woman, and I never saw him again—they had one child, and after its death she came to live with me at 66, Bride Street, on December 31st, 1880, or January 1st, 1881—my father was butler to a lady, but he is dead—letters came to her from the prisoner—he made her an allowance, but did not keep the payments up; he sent them sometimes—my sister showed me this letter (Produced);it came in this envelope, addressed "Mrs. E. Major"; the post-mark is August 14th, 1889; it is in the prisoner's writing, and says, "Enclosed please find postal order for 5s.; there is another in 1883, enclosing 10s.
Cross-examined. I shall be 38 on August 8th; I was about 13 at the time of this marriage—I suppose the 8s. a week was paid; I do not speak from what I have been told—I know that he was living with another woman at the Crescent, Stamford Hill, and also at Ada Road, Dulwich; I went there to get the money, and saw her—I saw a paper, but never heard anything more about divorce proceedings—my sister was never divorced—all I know is that the prisoner sent this paper—divorce was talked about immediately after the separation—they ceased to live together in November, 1880—there was no attempt at that time to have an agreement of separation—I do not remember what was in the paper—the prisoner did not to my knowledge, bring an action against my father for removing the furniture—the 8s. a week paid to my sister was alimony by order of the Court.
JANE SCOTT . I keep a boarding-house at 22, Champion Hill, Camberwell—the prisoner lived there 18 months or two years—a marriage was arranged between him and my daughter, and at the beginning of January, three weeks before their marriage, I told him that he was believed to be a married man—he said, "My wife left me, and went to America, and died in New York"; I asked him for proo—he said, "I have made inquiries at Somerset House," and that that ought to be sufficient for me—I said, "I am not satisfied, and I won't give my consent," and I did not—I did not attend the wedding.
Cross-examined. He did not say that he had made inquiries, and found that his wife had died, not in New York, but in Canada—I have been waiting my opportunity for five years—he did not say that his wife had taken her child abroad, but he said that she had died abroad; I am quite sure it was in New York.
Re-examined. He did not tell me that he was a married man; my daughter told me that, the one that he married, but it was before that that I had this conversation with him from some suspicion of my own.
ELLEN FREDERICA SCOTT . I was living with my mother in 1891; the prisoner was a boarder in her house between 1891 and 1893—he had with him a little boy, whom he had adopted—soon after he came there he commenced to court me, and some time in 1892 he proposed to marry me—I went through the form of marriage with him on January 28th, 1893, at St. Clement Dane's Church—he said that he had been married, but the law presumed death after seven years or 10 years, I am not certain which, and that he had had some divorce proceedings which had not been carried through, and he believed his wife went abroad and died; that he had tried to find out where she went to, but had not been able to do so, and had got no evidence—I believed that statement—he took a house at Walham Green, and I lived with him there, and at other places—three children were born, all of whom are alive—he is a journalist, and sometimes he had a paper of his own—I first saw his wife on Good Friday this year—I had heard of it two months before, but did not tax him with it—I went to my mother's on Good Friday, and saw her there, and her marriage certificate was produced—my uncle went to the police first—he wrote this statement (Produced), and I signed it—I did not make a charge against him after that—it was I who charged him with bigamy.
Cross-examined. My uncle went first to the station, and I went afterwards, and preferred a charge against the prisoner, and I am very sorry I did it—he has always been an affectionate father, and a good husband to me; we are living together now—he used the words that in England there was no record; he referred to Somerset House, and said that there was no record there—he said that he had searched for her, and could not find her.
Re-examined. He has always treated me extremely well, and always treated his children with great kindness—Mr. King wrote this statement down, but did not read it over to me—the information in it was not furnished by me before I signed it; I did not know what was in it, and I do not know now—I do not remember my statements; I was not sworn to them—I have never ceased to live with the prisoner—I did not say to
the officer, "During the time we lived together he treated me badly," nor "Several times he kicked me, and twice he has given me black eyes"—it is not true that he kicked me—Mr King wrote it down, and I was in such a state at the time that I hardly knew what I was doing—I did not speak as he wrote—I did not say, "And kept me without money or food," or that he had ill-treated the eldest child—there never was any question of a separation between us, but my mother wanted me to go home—no solicitor was consulted, that I know o—there was no question of a deed of separation being prepared.
FREDERICK LEOPOLD BURNSIDE . I am an accountant, and the uncle of the last witness—on Easter Monday the prisoner came, and I had some conversation with him—I said, "Did you not know that your wife was alive when you married my niece?"—he said, "Yes, I knew; but I did not want to know, as I had not seen her for 10 years, and presumed on the law"—I said, "You are a scoundrel"—he said, "If there is a loop-hole I will get through it."
Cross-examined. He visited me at my house, 9, Lacon Road, East Dulwich—this conversation did not take place at Mrs. Scott's; I had left the prisoner there, and had proceeded home—I assaulted him first—he had no refreshment at my house, nor did I introduce him to my wife and children, but my wife came into the room—we had refreshment on the way—the assault took place not on the way, but in my house—I went with Mrs. Scott's younger daughter, my niece, to the Police-station—I was naturally very angry, and could not help showing a considerable amount of feeling.
EDWARD THORN (Police Sergeant, P). I arrested the prisoner on April 6th, and told him the charge—he said, "I am done; I suppose it will have to go through the usual course"—at the station he said, 'This is a very delicate business; I had Counsel's opinion, and thought I was free; I shall not say anything further until I see Mr. Watts, who knows all about the case"—he had been charged—he said to Miss Scott, "Did you not understand the circumstances at the time of the marriage?"—she answered, "You said your wife died while divorce proceedings were going on"—she is the person who made the charge—she signed the charge-sheet—I took a statement from her at her mother's house after the arrest; she dictated it, and I read it to her, and handed it to her afterwards to read hersel—she said, "That is quite correct," and signed it—I did not know either of them before—it was on her complaint that he was arrested—the prisoner signed this receipt (Produced) for some magazines which I handed to him—I have compared that with the letter and envelope which have been put in, and, to the best of my belief, the signatures are the same.
Cross-examined. The paper was signed at the mother's house; the mother was present—the family were all in and out—Mr. Burnside was not there—they were not all very excited, they are not of an excitable nature—when a black eye was mentioned the sister did not say "Two black eyes."
The prisoner's statement before the Magistrate: "I have acted from the first openly, frankly, and in good faith, and under advice. I reserve my defence."
The prisoner, in his defence, stated, upon oath, that there were disagreements
between him and his wife it November, 1880, and a deed of separation was prepared; that there was no truth in the suggestion that he deserted her and took away the furniture; that he came home and found she had left, but the furniture was there, and he removed part of it afterwards; that he brought an action against the father with regard to the furniture, and filed a petition in the Divorce Court against his wife, and litigation went on in 1881 to recover the children, but that by December, 1882, everything was settled through the intervention of a lady; and made an order for alimony, the arrears of which he afterwards pa✗d, and there was an understanding that he and his wife were each to go their own way, and that he had no interview with his wife after the autumn of 1880, when she called at his office; that he saw her father in 1885, who said that she was living with some man; that he wrote twice to her at 66, Bride Street, and the letters were returned through the Dead Letter Office, although marked "To be forwarded," and also employed a Mr. Franklyn, who is now dead, to make inquiries, and had a report from him; that he had an intimation that she was dead; but as he had no proof, he consulted Counsel, and went to Somerset House, but could find no record of it, and also made inquiries through his brother's father-in-law, and told Mrs. Scott that, from information he received, his wife died in Canada, and that his boy was on Lake Ontario, and that Mrs. Scott was not present at her daughter's marriage, as he and her daughter went out and got married by themselves, and that when he told Mr. Burnside that he did not want to find out whether his wife was alive, that was two years after his second marriage, but that when he married Miss Scott he honestly believed that his wife was dead.
MRS. SWEETINGHAM (Re-examined). I cannot exactly tell yon when I left 66, Bride Street—my sister removed to Chalfont Road, but I did not; I continued to live in Bride Street for some time, but my father did not die there—he died in November, 1897—I lived there before my marriage—he was the butler to Mr. Dan Gardner five years, but not up to his death—there was a short interval between his leaving his situation and his death, because he came home and lived in Liverpool Buildings, Barnsbury, for two or three months, which is two or three minutes' walk from Bride Street, and died there—my sister lived four or five years at Chalfont Street—it is all in Barnsbury.
The prisoner received a good character.
GUILTY .— Judgment respited.
Before Mr. Common Serjeant.
MR. GRAHAM-CAMPBELL Prosecuted, and MR. DRAKE Defended.
NOT GUILTY .
MR. WILKINSON Prosecuted, and MR. BURNIE Defended.
HARRY PETCH . I am manager at the Cricketers public-house, King William Street, Greenwich—Mr. Baldry is the landlord—on May 27th, about 2.45 p.m., I served the prisoner with two glasses of mild and Burton
for him and another man, price 3d.—he tendered this half-crown, which he took from his right-hand trousers pocket—I saw that it was bad—I said, "What have you got here?"—he replied, "Half a crown, governor"—I said, "Yes, a bad one"—he said, "I don't think so; let me have it back again. I know where I took it from; I have smaller change on me"—I said, "That won't suit me; I intend to detain you and send for the police"—he replied, "Why, I had it from here in change of a sovereign about 20 minutes ago; an old woman behind the bar gave it to me"—I said, "How was she dressed?"—he said, "I don't know, but I should recognise her if I saw her"—the proprietor's wife serves; she is 38 or 40, I suppose—I called her—the prisoner said, "That is not her"—I sent for the police, and gave the prisoner into custody, with the coin—the officer searched him in the house—I took other coins to the station the following morning.
Cross-examined. Before Bank Holiday we were extra busy, and had extra assistance—there are five bars, with the saloon; they were crowded—I found four bad half-crowns on the rack and four in the tills—the police came in 10 minutes—the prisoner remained quietly—the potman was there—there were five people serving.
Re-examined. This bar faces King William Street—the potman and I were on the prisoner's side to detain him—the till is cleared when the charge is full.
ROSETTA EMMA BALDRY . I am the wife of Ebenezer Baldry, the landlord of the Cricketers—I was called into the bar on May 27th by the manager about 2.45—Petch asked me if I gave this half-crown in exchange for a sovereign—I said, "No"—the prisoner said that I had done so, but afterwards said that I was not the one who changed it—I am the oldest female in the bar—he said that it had been given him by an old woman—I cleared the rack about 2.45, while the prisoner was there—I found 15 half-crowns—I had previously cleared it about 1 o'clock—T cleared the gold till at the same time, but found no gold change—I saw no bad coins at 1 o'clock, but at closing time I found four more in the till—Petch took the eleven coins from me—the four were given up the next day.
Cross-examined. There was very little money to collect at 1 o'clock, because business does not commence till about 11 o'clock.
FLORENCE BALDRY . I am the daughter of the last witness, and reside with my parents at the Cricketers—I was serving on May 27th, about 1.30—I served the prisoner with a glass of beer for 1 1/2 d.—he tendered a half-crown—I gave him change and put it on the rack—I served him a second time—he gave me another half-crown—I gave him change and put it on the same rack—I served him again, and the same things happened.
Cross-examined. I was in the bar all the afternoon—we were very busy—I gave the prisoner a florin and coppers in change each time.
ROSE THATCHER . I was serving in the bar on May 27th—I served the prisoner with beer just before 2 o'clock, and gave him change for a half-crown, and put it on the rack—the bar is round, and you can serve all round; there are no divisions on our side—after that I served him two or
three times, and gave him change for a half-crown each time—I put them all on the rack—I cannot say whether it was the same rack.
Cross-examined. The bars were crowded—there are compartments in front—I gave him a florin and coppers in change always; the rack is so arranged I could not give him anything else.
WALTER LAMBERT (268 R). I was called to the Cricketers public-house on the afternoon of May 27 th, where the prisoner was detained by Petch and the potman, about 3.10 p.m—Petch said in the prisoner's hearing that he had called for some mild and Burton, and given a half-crown in payment, and that immediately he got hold of the coin he found it was bad, and found two more of the same date—I put down what was said at the time—the prisoner said, "I called for two milds and Burtons, one for a potman outside and one for myself, and I put down a half-crown"—he said that he had four drinks—I searched him on the spot, and found 13 shillings, 14 florins, two sixpences, and 5 1/2 d. in bronze, all good, in his left-hand trousers' pocket—Petch handed me this half-crown—11 more were shown me from the rack—these were handed by Petch to the station-sergeant, and given to me.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to H.M. Mint—these 15 coins are counterfeit, and from the same mould as the first that was uttered—they are sold in loads of twenties; a load is called a load of bricks in coiners' slang.
GUILTY .—Two previous convictions were proved against him.— Six months' hard labour.
500. JOHN FOSTER (27) PLEADED GUILTY to feloniously uttering a counterfeit crown, after a conviction at this Court of a like offence on March 7th, 1898, as John Sullivan. Three other convictions were proved against him.— Fifteen months' hard labour.
Before Mr. Justice Grantham.
501. THOMAS BUTLER COLE BUTLER (43) was charged, upon five indictments and upon the Coroner's Inquisition, with the wilful murder of Clara Gladys Butler, Hilda May Butler, Grace Vivian Butler, Laurence Ormonde Herrick Butler, and Vera Butler, and, upon a sixth indictment, with shooting at Lily Butler, with intent to murder her ; but upon the evidence of Dr. Maudsley and Dr. James Scott, surgeon of Holloway Prison, the JURY found the prisoner insane and unable to plead.— To be detained during His Majesty's pleasure.
The JURY being unable to agree, were discharged without giving a verdict, and the trial postponed till next Session.
MR. BROMLEY Prosecuted.
NOT GUILTY .
MR. A. GILL Prosecuted.
WILLIAM GEORGE JENNINGS . I am employed at Nicholson's Distillery, and live at Bromley-by-Bow—the deceased was my wife, and was about 44 years old—I saw her on Whit Monday, about 8.45 a.m., in her ordinary health, when I left home—I saw her that evening at Woolwich Cottage Hospital—she died on May 29th.
ALICE JENNINGS . I live at 39, Ensell Street, and am the daughter of the last witness—on Whit Monday I was out with my mother at Woolwich, visiting Mrs. Penn—in the afternoon I and my mother, Mrs. Penn and her little girl all went out for a walk on Woolwich Common—we were near the Royal Military Academy—there is a road between the academy and the common, and then a belt of trees—we were walking between five and 10 yards from the main road on the grass, near the trees—I do not know if people ride on the common; I do not know much about Woolwich—I was walking in front with the little girl—Mrs. Penn and my mother were about a yard behind us—I looked round and saw two horses galloping towards me—I had not heard anything before I looked round—two men were riding them—they were going very fast—I pulled the little girl out of the way and ran—when I looked a second time, I saw mother and her friend lying on the grass—I had not called out—I was too frightened, and I did not have time—I found that my mother was very much hurt—afterwards I saw the prisoner kneeling by her side; she was taken away in a van to the hospital.
ANNIE DONALD . I am the wife of John Donald, who is now serving at the front—I live at 43, Eglinton Road, Plumstead—on Whit Monday, shortly after 3 p.m., I was on Woolwich Common, near the Police-station, to the left of the reservoir, near the trees—the road there is a high road—there is a belt of trees along it—people walk and ride on the Common—on that afternoon I should say there were 200 or 300 people there; some were sitting down, some walking, some were having lunch—I was under the trees, with many others—I saw two grooms riding along the road, coming from the direction of Eltham—the prisoner was one of them—I could hear what they said—when they got within a few yards of me the prisoner said, "Let us have a race"—he urged his horse on with his heels—he went on to the track under the trees—there were some people walking along it—the other horse was farther to the left—I took no notice of the other man—they started side by side—I do not know where the other went; I was watching the prisoner—I saw him fall off his horse—I did not see him strike anybody first—when I got up to the spot where he fell off I saw a woman on the ground, and some blood—I saw the prisoner there—I think he was the worse for drink.
Cross-examined by the prisoner. A sober man would not have ridden where you did—I do not think there are any telegraph-posts in the Park.
Re-examined. I thought he would kill somebody from the first.
ALFRED POOLE . I live at 15, Storey Street, Woolwich, and am a rivetter in the Arsenal—on Whit Monday, about 3.30 p.m., I was sitting on Woolwich Common under the trees—I saw two horses approaching at
a full stretch gallop—after they passed me I got up and watched them—the left horse was in the same line as two ladies who were in the path—I saw the horse run right into them and knock them down—I rau up as fast as I could to assist them—one of them was the deceased—the nearest horse passed about 5ft. from me—the two ladies were about 40 yards from me—the prisoner was making no effort to stop his horse, to my idea—he was leaning forward, and the reins were hanging loose—there was no shout from anybody—the ladies were right in the line with the horses, with their backs to them—the horse stumbled, and the rider came off, and the horse then galloped away—I did not see any more of the other man; he was just a little behind the prisoner—when I got to the spot I found the deceased lying with her face downwards—I did what I could for her—I saw the prisoner lying on the ground a little distance away—he got up and came towards me, and knelt at the bead of the deceased, and wiped the blood from her face with a handkerchie—the deceased's daughter was asking someone in the crowd to go for a doctor, and the prisoner told her not to worry, as it was only the lady's nose which was bleeding—he did not seem to be troubling about the injury he had done; he seemed to be noticing about his boot; the inside of the sole was torn away—he said, "What price my boot?"—my opinion is that he was intoxicated—if he had been sober he would have made an effort, to stop the horse, because he was making straight for the ladies—afterwards he was staggering about, and did not seem to care about the trouble he had done.
Cross-examined. I do not know if you had lost control of your horse, but you were not trying to stop him—there are no telegraph poles on the track.
ALFRED JOHN PERKINS . I live at 365, Stradmore Terrace—I was on Woolwich Common on Whit Monday—I saw the prisoner and another man riding on the Common—he passed three or four yards from me—he was going 20 miles an hour—he was not trying to stop his horse when he passed me—he was leaning back, with his heels against the horse, and his reins hanging loose—he was digging his heels into the horse's stomach to make him go faster—he made no statement to me after the accident—I did not hear him say anything, I was too busy helping the woman into the cart.
CHARLES FORD (148 R). On Whit Monday I was called to Woolwich Common—there was a crowd there—the deceased was on the ground—I saw the prisoner; he was staggering about drunk—he smelt very strong of liquor—I charged him there and then with being drunk, and with furiously riding a horse, and causing grievous bodily harm—he made no reply—I took him to the station.
Cross-examined. I did not know at the time that you had been thrown from your horse—I was satisfied that you were drunk.
REUBEN KEEN (36 R). I was in charge of the station when the prisoner was brought there by Ford—he was drunk; he was very unsteady, very incoherent, and he smelt very strongly of liquor—I read the charge to him; in reply he said, "It was not my fault; I admit I have had a drop of drink; I could not help it; I tried to pull the horse to one side of them, but they moved. When I saw the woman was hurt I jumped off; I could have got away if I had liked"—he also pointed to his boot, which was torn by the stirrup.
Cross-examined. I do not think your condition was due to the accident; I think it was from drink.
ERNEST STEWART . I am a surgeon, of 30, Woolwich Common—I was called to the Cottage Hospital on May 28th, the day after Whit Monday, and I saw the deceased in an unconscious condition; she died on the following day—the cause of the death was coma, caused by a fracture to the base of the skull, and a clot of blood on the brain—a violent knock would cause that—a blow which made her head come in contact with the ground would cause it.
The prisoner, in his defence, on oath, said that he and Driver Taylor had been to Orpington to exercise the horses, and coming back, got on to the Common; that as soon as his horse got on to the grass she started off at a gallop; that he tried to turn her on to the road, as there were such a lot of people on the Common, and he knew there would be an accident if she got away; that she jumped onto the two ladies before he had time to see them or do anything; that the horse was running away with him, and that it was not the first time she had done it, but was "gifted" to run away; that he was not drunk, and had only had some shandy gaff at Orpington; that he did not say to Taylor that they would have a race; that he did not dig his heels into his horse, except enough to hold on with; that he was not pulling at the reins, because that is a silly thing to do when a horse is running away, but that he was trying to turn her out of danger; and that the constable did not charge him with being drunk when he came up to him on the Common.
Evidence for the Defence.
CORPORAL TAYLOR . I am not the man who was riding with the prisoner—I know the horse the prisoner was riding; it was given to bolting, and last March I was ordered by Lieut. Hunter, who it belongs to, to ride it and stop it—I did so, and broke it a bit, but it is liable to bolt now—I was ordered to try and stop the habit, because I am the rough rider of the battery—as soon as it gets on any grass it wants to go, and if you have not got it well in hand, it will go—the horse has a hard mouth, and takes a lot of stopping without plenty of room—I know the prisoner to be a good rider, and a sober man; I have known him for 12 months, and never knew him to be the worse for drink.
Cross-examined. I was behind the prisoner when he went on to the Common—his horse went off at a rapid pace, and I saw he was in danger, and went after him—I did not let my horse go as fast as it could, because of the people; I had to slow down—I did not see the prisoner run into the two women; I was looking after my own horse—I did not see him fall off; I rode straight away—I did not know what had become of him—I saw that his horse was running away when I looked round.
LIEUT. JAMES HUNTER . I am adjutant of the prisoner's depot—I know this horse; it is a Government horse, which was told off for me to ride—the prisoner was told off to look after it—I was away two or three days, and I gave him orders to exercise it—the horse is hard in the mouth—when it gets on to grass it is in the habit of galloping off, and when once it gets away it is very difficult to stop—I am much
stronger and heavier than the prisoner, and he has only just been in-valided home from South Africa with enteric fever, and I can quite believe the horse would get too much for him—he has reported twice that it has got away with him, and once it got away with me, and I could not stop it—it is almost impossible to stop it in anything like a short distance—at the place where the accident occurred there is rather a steep slope, and a horse would cover 100 yards in something like 15 or 16 seconds—the prisoner has been my groom for 10 months, and he has always conducted himself in a satisfactory manner—I have never known him to be addicted to drink—he has been four years in the Army, and he has never had an entry in the defaulter sheet, which is a very rare thing, as every little thing against a man is put down.
Cross-examined. If this had happened to me, and I saw the horse was going to run people down, I should at first have tried to pull him away from them, and I think I should endeavour to give them warning, but it would depend upon whether I could only see them or whether I could avoid them—I think I should have turned it to the open grass to give it room to gallop, and to give the people room to get away—I do not think it would have been right to shout—the horse was fresh, as it had not been ridden since the previous Friday—the Common is open for the purpose of riding, and is used for all military exercises, and belongs to Government.
NOT GUILTY .—The JURY added that they considered it very reprehensible of the authorities to place a man in such a weak state of health as the prisoner on a horse with this character.
Before Mr. Recorder.
506. JOHN TYNAN (24) and CORNELIUS FINCH (23) , Assaulting Charles Cox, a constable, in the execution of his duty and wounding him, with intent to prevent the lawful apprehension of the said John Tynan.
MR. BODKIN Prosecuted; MR. THOMPSON appeared for Tynan, and
MR. O'CONNOR for Finch.
CHARLES COX . (162 L), On May 31st, at nearly 12.30 a.m.—I was on duty in Lower Marsh, Lambeth, near Lancelot Street, the public-houses were just closing—I heard a disturbance, went in that direction, and saw Tynan being held by three or four men to prevent his striking another man—Finch was standing at a corner three or fouryards of—I knew both prisoners by sight—obscene language was being used—I asked them to go away, and Tynan said, "What is it to do with him? Kick him in the—," and made a movement towards me—I put my hand out, and he kicked me in the testicles, and struck my left eye withhisfist—I took out my
whistle, and it was snatched by some of the men and thrown away—several men struck me, Finch being one—he struck my face, and I was knocked down, and while down I was kicked by the men around me—as I got up, still holding Tynan, Finch struck me on my left eye with his fist—I drew my staff, and struck one of the men on his head with it, but it was wrenched from me and thrown away—there were nine or ten men altogether—Tynan got away from me for a time, and I was again knocked to the ground, and kicked while down by both the prisoners and by the other men also—I used my hand to shield my face—Tynan got my hand away, and Finch kicked at my face, but I put my right hand out and received the kick on it; all the skin was taken of—Barnes came to my assistance—I was assisted to the station, where a doctor saw me—I was off duty about 19 days in consequence of my injuries.
Cross-examined by MR. THOMPSON. I am quite sure Tynan was there and taking part in the proceedings—I did not see him kicked by others—seven or eight men assaulted me, and there were about 14 altogether—I hit one or two men on their heads—Tynan was struggling to get away; he kicked me in a certain place as hard as he could—the doctor says that my injuries are not serious—Tynan was going to fight with a man—I said at the Police-court that he was quarrelling with a woman; that was quite sufficient to justify my taking him in custody.
Cross-examined by MR. O'CONNOR. I have known Finch from nine to 16 months, selling newspapers, but he was not arrested for about a week, because I could not remember who he was till the next day—I was wounded in the testicles and on my right eye and left hand—the blow Finch gave me on my face did not produce a lump, but it caused pain—I had a blow on my left eye also.
Re-examined. I have known Tynan by sight 18 months.
GEORGE BARNES (361 L). On May 29th, about 10 minutes or a quarter past 12, I was on duty near Lower Marsh, and not far from Lancelot Street, and met Finch, whom I have known about 18 months, running towards me from the direction of Lancelot Street, 20 or 30 yards from it—I went on to Lancelot Street, and found Cox just regaining his feet, and in a very dazed condition—I assisted him to the station—he was without his helmet, staff, and whistle—no one was by him when I found him, but there were several people in the vicinity.
Cross-examined by MR. THOMPSON. Cox said that he should know the men again, but did not know their names.
Cross-examined by MR. O'CONNOR. I had had information that a constable was in trouble, but did not know the particulars till I got to him, and having seen Finch's face, I knew I should be able to find him again if he was needed—I have not known Finch to be in collision with the police before.
Re-examined. I had seen both the prisoners together before, with others.
LEVY QUARTERMAINE . I am a butcher, of 109, Lower Marsh, Lambeth—on May 29th, some time after midnight, I was looking out at my window, hearing a noise, and saw a female and a man who rolled up against my shutters; two more men came across the road, and had an altercation with the man and woman, and then four more came—I saw Tynan among them
—a constable came up, and asked them in a quiet way to go away, and Tynan said, "Kick his—out," and went up to the constable—I could not see whether he kicked him, but they closed together and fell, and as soon as they were down all the other men started on the constable, who cried for help—I ran out without any boots into Westminster Bridge Road, and fetched a policeman—I believe that was Barnes, but I was exhausted when I got there.
Cross-examined by MR. THOMPSON. The first time anybody came to me about this case was about two days afterwards—I was asked if I knew any of the people there, but I did not give names, or mention any time—the constables did not sugges any names to me, they asked me the description of the men, and I gave it.
Cross-examined by MR. O'CONNOR. I saw the commencement of the row—I cannot say whether Finch was there or not—I do not recognise him.
JAMES KNIGHT (273 L). On May 29th I received a description of Tynan, whom I knew before, and on May 30th I saw him in Johanna Street, Lambeth—I said, "You answer the description of a man that is wanted for assaulting the police on the 29th"—I do not think I men-tioned the time or place—he said, "I have heard about it but I was not there; I was at home, dead drunk"—he was placed with about eight others, and Cox identified him—he was charged, and made no reply—on Friday, May 31st, I received a warrant for Finch's arrest, and saw him on Monday, June 3rd, in Westminster Bridge Road—I was in plain clothes—I said that I should arrest him—he said, "I heard there was a warrant against me; I was there at 12.10; there was nobody there then; I was at home at 12.30"—I took him to the station and put him with others, and Cox identified him—he was charged, and made no reply—I knew both prisoners by sight before, and have seen them together on previous occasions.
Cross-examined by MR. THOMPSON. They live in that neighbourhood—I did not see Cox there when the inspector read out the description; he was on the sick list.
Cross-examined by MR. O'CONNOR. Finch stands at the foot of the bridge selling papers—his wife does not sell flowers—I did not say, "Don't you stand near the Rodney?" but he was near the Rodney when I arrested him—I was in the room where he was when the officer passed through, but he did not see Finch; that was after the identification.
Re-examined. The description of the man who kicked Cox was read on parade at about 12.45—Cox was not there—when Finch was arrested he was brought into the charge-room, and I renamed there with him—no one else was there but the officer on duty—I did not see Cox in the charge-room till after he identified him.
GEORGE NICHOL HENRY . I am surgeon to the L Division—Cox was brought to me on May 29th, about 1 a.m., suffering from a contused wound on the back of the second finger of his right hand—he complained of great pain in his privates; his left testicle was swollen very much, and he was very badly shaken—I put him on the sick list, and attended him about 19 days—there were no bruises on the other parts of his body.
Cross-examined by MR. THOMPSON. I did not notice that he had
received a blow on his right cheek, but his eye was contused—he may have had more than one blow on the eye; some people bruise much more readily than others
Tynan, in his defence, stated, on oath, that on Whit Tuesday he was going home alone, and saw a crowd, and being drunk, went over to it, and was shoved down, and a policeman got hold of him and detained him; that at that moment someone kicked him on his knee, and he fell, and the policeman fell on him, but let him go, and he went home to bed; that he might have bought a newspaper of Finch, but was not an associate of his, and did not recognise him as having been there.
Finch, in his defence, stated, upon oath, that he was a newsvendor; that he went along the New Cut on this night, and saw that there was a "row" but took no part in it, and never saw Cox, and that he got home before 12.30, and was selling newspapers the next day outside Cooper's tea shop, as he had done at the same place for 10 years; that it was not true that he struck Cox, and that he did not see Barnes there, though he knew him.
Evidence for Finch.
EMMA FINCH . I am Finch's wife—we live in Lewisham Street—on Tuesday night, May 28th, the evening after Bank Holiday, he came home unusually late that evening; his usual hour is between 11 and 12—I wait for him every evening; he was late for his supper, and we had a few words about it—I was up, and had supper with him.
Cross-examined. He did not tell me where he had been, and I did not ask him—I was out that evening, but did not go over the water—I have never seen Tynan before in my life.
MRS. CHAPMAN. I live at 9, Lewisham Street—on Tuesday, May 28th, the evening after Bank Holiday, I was going for my supper beer at three minutes before the half hour, and met Finch returning home; he said, "Good night, Mrs. Chapman," and I said, "Good night, Mr. Finch."
Cross-examined. I do not know that he had ridden on an omnibus—I generally have supper when I have done work—I come home late—Finch and I live in the same house.
ALBERT JAMES MAVENY . I am a dealer in bags, and live at 32, Castle Street, New, Cut, Lambeth—I was present at this row in the New Cut on Tuesday, May 28th, but never saw Finch—I have known him for years—I think when the fight was done there were five or six men there; but there was an audience all round; a tidy few altogether—nobody could be off seeing the violence—I never saw Finch—I have not taken any drink for years.
Cross-examined. I did not see the beginning of it—when I came up, the policeman was in the centre, and he had Tynan on the floor by the throat—I saw Tynan rolling about the road, drunk—a number of men were dodging about, assaulting the constable and kicking him—I was 30 or 40 yards of—Tynan was the only one I knew before.
By MR. BODKIN. He was running—I have no doubt about that—he was about 20 yards from Cox.
Re-examined. I am aware that Cox swore that the assault on him was at 12.30.
Evidence in Reply.
CHARLES COX (Re-examined). On June 3rd I was called to the station after Finch was in custody—I did not see Finch by himself before I picked him out from a number of others—I did not go into the charge-room before the charge, but I did after I had identified him—I fixed the time at 12.30 because they were beginning to draw the gates—I was about a minute before I interfered—about eight minutes passed from the time I first spoke to Tynan till I was left on the ground.
TYNAN— GUILTY . FINCH— GUILTY of aiding and abetting . Both prisoners had been convicted before of assaulting the police, and MR. BODKIN stated that 57 cases of assaulting the police at the same spot had been brought before the Magistrates.— Twelve months' hard labour.
Before Mr. Common Serjeant.
MR. PARTRIDGE Prosecuted, and MR. PURCELL Defended.
HETTY WILLIAMS . I am barmaid at the Noah's Ark, Blackfriars Road and Charles Street—on Whit-Monday, about 10 p.m., the prisoner came through the Charles Street door and called for some mild and bitter—he put this half-crown on the counter—he was sober—I gave it to the governor, Mr. Dean, in the saloon to examine—the prisoner could not see us from where he was—after two or three minutes Mr. Dean went for a constable—when going back to the prisoner I saw him walking out.
Cross-examined. It is not unusual for a customer to put down the coin before being served—I did not say it was yesterday my attention was first called to the coin, because it looked dull—it did ring; it gave a dull sound, which at once raised my suspicions—the prisoner went out into Charles Street through the Blackfriars door—there is only one public door into Charles Street—there is a private door.
HARRY DEAN . I keep the Noah's Ark, in Blackfriars Road and Charles Street—there is one public door and my private door in Charles Street—the last witness, my barmaid, brought me this coin; I examined it—I walked down the stillion, where I could see the prisoner, but he could not see me—he was looking about him in a suspicious manner from one side of the bar to the other—as I had had one bad coin during the day, I called a constable—I went out through the Blackfriars entrance—the prisoner was leaving the bar from the Charles Street entrance as I returned with the constable; he walked past the private door, up Charles Street, away from the house—he was on the kerb, and on the point of crossing the road, as the policeman arrested him, so that I saw his side face—his back was towards the private door—I heard the constable ask if he had any more—he was perfectly sober.
Cross-examined. We do not serve customers if we know they are under the influence of drink—on Bank Holidays we do less business than in an ordinary way—there are three doors for customers, and I have a private door—there is only one public entrance in Charles Street—
the policeman took the prisoner back on the pavement—he was from two to five yards from the door I had come out of.
FRANK FUSSELL (115 M). I was called, and I saw the prisoner walking down Charles Street towards Price's Street, and away from the prosecutor's house—I tapped him on the shoulder when he was about two yards beyond the domestic door—his back was towards Blackfriara Road—I asked him where he was going—he said, "I am looking for the landlord for change out of the half-crown"—I searched him, and found a half-crown, a sixpence, and 4d., good money—I waited for Dean, who had gone in for his coat, to charge him—Dean followed to the station—on the way to the station I asked the prisoner where he lived—he said, "I am not going to tell you"—I asked him where he got the coin from—he said, "I don't know"—at the station he was placed in the dock and charged with uttering counterfeit coin, knowing it to be bad—he only said he did not know where he got it from—my note of his statement is, "I do not know where I got it from; some man gave it to me''—the inspector at the station asked him where he lived—I cannot say what he said, but he gave no address.
Cross-examined. What I said before the Magistrate is almost the same as I have said here—he said he was looking for the landlord to get his change—I made this note—he did not say, "I live at a coffee shop"—I have in my note, "No fixed abode," because he refused his address—that is on the charge-sheet—he might have had a glass.
WILLIAM SMITH (Detective, M). I saw the prisoner on Whit-Tuesday on my instructions—I told him who I was—I said, "Can you refer me to anyone who knows you?" because I saw he had not given an address, and had described himself as of no fixed abode—he said he could not—I asked him if he would give an address—he said, "I stayed at a coffee shop at the 'end' or 'bottom' of Brick Lane"—I asked him if he could tell me the name of the proprietor, or describe him—he said, "No"—I asked him where he had been working—I went to several coffee shops, one of which answered his description—I could not learn anything of Frederick Cole.
The prisoner's statement before the Magistrate: "I changed a sovereign that morning in Shoreditch. What was on me was the change. I was out for a day's spree, and had been drinking since early morning."
GUILTY .—He then PLEADED GUILTY to a conviction on September 14th, 1897, of unlawful possession of seven counterfeit coins in name of Joseph Hall; and nine other convictions were proved against him.— Judgment respited.
MR. WILKINSON Prosecuted.
CHARLES NORTON . I live at 441, Battersea Park Road—I am barman at the Clock House, Battersea Park Road; Mr. Carlisle is the landlord—I served the prisoner about 2 p.m. on June 1st with some mild and bitter, and a packet of cigarettes, 2 1/2 d.—he handed me this bad half-crown—I took it to Mr. Carlisle, who was in the bar.
JOHN BOYD CARLISLE . I keep the Clock House, Battersea Park Road—Norton brought this counterfeit half-crown to me, and I broke it—I saw the prisoner tender it—I said to him, "Where did you get this half-crown from?"—I had the pieces in my hand—he said, "That was my half-crown, and you had no business to break it"—I slipped over the counter, and asked him to pay for his drink—I said, "Where did you get the half-crown from?"—he said, "Down the road"—I said, "Where, down the road?"—he repeated, "Down the road"—I said, "You will have to come with me if you cannot answer my question"—I took him to Constable Cranfield with the coin—he then said that he had got the coin selling papers outside Victoria Station.
JEM CRANFIELD (229 V). The prisoner was given into my custody by Carlisle with this counterfeit half-crown—I asked him where he got it—he said, "Some gentleman gave it to me at Victoria Station"—I took him carefully to the station to see that he did not throw anything away—I searched him, and found a shilling and a halfpenny—he was charged with uttering, and asked for his address—he said, "147, Lupus Street, Pimlico"—he afterwards said he lived at Brighton, but gave no street—I asked him several times, and he said, "No, I have got no home at all."
Cross-examined by the prisoner. Carlisle did not hesitate; he said, "Take the prisoner to the station, and find out what you can about him, and I will come and charge him—from inquiries I have found that he is a paper-seller at Victoria.
The prisoner's statement before the Magistrate: "I was at Victoria Station, selling papers, and a gentleman gave me the half-crown, and I gave him change. I did not know there was anything wrong with it"
Prisoner's defence: I never gave false addresses; I told him I was not certain of the number—I gave him the address, and they have it at the Police-station, but they said they would not trouble about it, being as far as Brighton; they wanted my address in London.
NOT GUILTY .
MR. PARTRIDGE Prosecuted.
ALICE BLANCHE SAUNDERS . I assist Mr. James Robinson in a tobacconist's shop at 218, Blackfriara Road, next door but one to the Noah's Ark—on Thursday, May 16th, about 10.15 p.m., I served the prisoner with a penny packet of cigarettes; he gave me this crown; I saw that it was bad, and gave it to Mr. Robinson—he had 2d. in his pocket, and paid me 1d. for the cigarettes when I would not give him change.
JAMES S. ROBINSON . I keep a tobacconist's and pork butcher's shop in the Blackfriars Road—I heard the bell ring, and saw Saunders and the prisoner in the shop—she showed me this piece of metal; I examined it—she told me the prisoner had tendered it for a packet of cigarettes—I walked round the counter and said to him, "What do you call this? This is a wrong coin. Would you like 4s. 11d. for this and a packet of cigarettes?"—he stood and looked at me for a minute, then
I said, "Where did you get it from?"—he said, "From where I work at Bermondsey"—I cannot remember all the conversation, but I asked him again where he got it from; then he told me by selling newspapers in the streets—that being inconsistent with the other statement, I said, "No, no, my boy, that won't do for me; I shall send for a policeman"; I did so—I saw no money pass.
Cross-examined by the prisoner. You did not say you worked at Clark's biscuit place in Bermondsey—after the constable came something was said about biscuit works, and that as you could not starve that was the reason you sold papers in the streets.
Re-examined. I understood his statement to be that he was then in work.
FRANK FUSSELL (115 M). I was called to this tobacconist's shop, and Mr. Robinson said, in the prisoner's hearing, "He has tried to pass a 5s. bit for a packet of cigarettes," and then he asked the prisoner whether he wanted 4s. 11d. change for it—I searched him, and found two good half-crowns in his pocket, some chocolates, and two packets of cigarettes; one is "Woodbine," and the other is "Lucky Star"—in the shop he said, "Some man gave it to me at Liverpool Sreeet"—in answer to the formal charge, he said that he was selling papers at Liverpool Street, and a gentleman gave it to him—the inspector asked him for his address—he said, "32, Fuller Street, Bethnal Green Road."
JAMES SMITH (Detective, M). I went to 32, Fuller Street, Bethnal Green Road, and asked for Henry Hearn, and described the prisoner—I found no one answering his description—I did not find that he had lived there—he still persisted that he did—the inspector sent a telegram to the address, and the reply was that he was not known there—after he had been remanded for a week, he called his young lady, who told the Magistrate that he had been living with her grandmother at 6, Sheep's Alley, London Fields—the Magistrate directed me to make inquiries, and I was told that he had lived there nine months—from inquiries at the biscuit place in Burdett Road, I found that he had worked there from October 11th till March 30th, when, owing to slackness, he had been put of—I did not find that any room had been taken in the prisoner's name.
The prisoner's statement before the Magistrate: "That is where I got it from."
Prisoner's defence: I did not want to upset the landlady, who was old, and where I was going to take a room, as I was going to be married.
GUILTY .— One month's hard labour.
MR. CHORLEY Prosecuted, and MR. PURCELL Defended Pullen.
WHITEAR— NOT GUILTY; PULLEN— GUILTY of an indecent assault .— To enter into recognizances.
MR. WRIGHT Prosecuted.
JOHN PARSLOW (257 M). On May 17th, at 4 p.m., I was on duty under the arches at Rotherhithe New Road, when a gentleman who had been assaulted by the prisoner asked me to obtain his name and address, which I did—I then went on to another arch, where I stopped to make out my report, when the prisoner, who had followed me unawares, came from behind, and, before I could stop him, pulled this iron bar (produced) from under his coat and struck me on my forehead, where I now have the mark—I was taken to a doctor, and was off duty for 24 days.
Cross-examined by the prisoner. I did not strike you with my truncheon, neither did I drink with you in the morning—I have known you four years.
Re-examined. I had no conversation with him at all except to ask his name and address.
JAMES MOIR (34 M). On May 17th, at 4 p.m., I received information that Parslow had been seriously assaulted, and sent a constable in search of the prisoner—he was brought to the station about six hours and a-half later, and charged; he made no reply.
Cross-examined. You did not deny the charge; you made no reply at all.
HERBERT HAVLETT (263 M). At 8.30 p.m. on May 17th I arrested the prisoner on this charge—he said, "I used iron bar; I used my fist"—I took him to the station—next morning he said, "I suppose this means time for me; I would thank you if you would square it with a sixer."
WILLIAM GARDENER (171 M). At 4.30 p.m. on May 17th I was on duty in Rotherhithe New Road, and found Parslow leaning against one of the arches, in a dazed condition, with blood streaming from his forehead—I asked him what was the matter; he said that he had been assaulted—I assisted him to Dr. Jones's surgery—I found the bar of iron (Produced) lying close to him on the ground.
JOSEPH HUMPHREY JONES . I am a registered medical practitioner, at 109, Southwark Park Road—Parslow was brought to my branch surgery in Rotherhithe New Road, suffering from a contused wound about 1 1/2 in. long and 1/4 in. deep on his forehead, over his right eye, caused by a blunt instrument, used with great violence—in my opinion, the piece of iron produced would have caused it—it could not have been caused by a blow with the fist—it was a dangerous wound, and might have killed him.
WILLIAM DUSHAY . I am 16 years old, and live at 6, Iron Yard, Rotherhithe—on May 17th, in the afternoon, the prisoner came into my father's arch and picked up the iron bar produced, and put it down his right-hand trousers pocket—I said, "What are you going to do with it?"—he said, "What is it to do with you?"—he went out, and walked up to the prosecutor and struck him on the forehead with it, and ran away.
Cross-examined. I did not see the prosecutor strike you with his truncheon; you deliberately walked up to him and struck him with the bar.
By the COURT. The prosecutor did not follow the prisoner; that is a mistake on my part in my statement.
Prisoner's statement before the Magistrate: "I am as innocent as a newborn baby."
The prisoner, in his defence, said that after he had given his name and address the prosecutor challenged him to come under the arch and fight, and that he had never seen the iron bar until it was produced in evidence at the Police Court.
GUILTY .—Several convictions of assault on the police and felony were proved against him.— Three years' penal servitude.
ADJOURNED TO MONDAY, JULY 22ND,1901.