CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD FEBRUARY 29TH, 1904.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
MESSRS. BARNETT AND BUCKLER,
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
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On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, February 29th, 1904, and following days.
Before the Right Hon. SIR JAMES THOMSON RITCHIE , Bart., LORD MAYOR of City of London; the Hon. Sir JOHN CHARLES DARLING , Knight, one of the Justices of His Majesty's High Court; Sir JOSEPH SAVORY , Bart. Sir GEORGE F. FAUDIM. PHILLIPS. Bart., (G.C F'.E., and Sir MARCUS SAMUEL ., Bart., Aldermen of the said City; Sir FORREST FULTON, Knight. K.C. Recorder of the said City: WALTER VAUGHAN MORGAN , Esq., FREDERICR PRAT ALLISTON, Esq., and HOWARD CARLILE MORRIS, Esq., other of the Aldermen of the said City; FREDERICK ALBERT BOSANOEFE, Esq., K.C., Common Serjeant of the said City; and JAMES ALEXANDER RENTOUL , Esq., K.C,. M.P., LL. D., Deputy Judge of the City of London Court, His Majesty's Justices of Oyer and Terminer and General Goal Delivery, holden for the said City, and Judge of the Central Criminal Court.
ANDREW WILLIAM TIMRRELL, Esq.
JOSEPH. DAVID LANGRON, Esq.
CENTRAL CRIMINAL COURT
A star (*) denotes that the prisoners have been previously in custody—two stars (**) that they have been more than once 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, February 29th, 1904.
Before Mr. Recorder.
(245.) WILLIAM WALKER (37) , to stealing a watch and chain and soul, the property of Mary Swanson: also to stealing three scarf pins and other articles, the property of Walter Thomas Meyrick; also to stealing a looking glass and other articles, the property of William Alliston; also to stealing a miniature and other articles, the property of Ellen Susan Harman; also to stealing two watches, the property of Helen McTear, having been convicted of felony at Clerkenwell on October 2nd, 1900. Nine other convictions were proved against him. Stolen property to the value of £142 was traced to the prisoner. [Pleaded guilty. See original trial image.] Three years' penal servitude .—
(246.) EDWIN ROBERT BIRCH (47) , to having been entrusted with £48 3s. 8 3/4 d. and £16 8s. 2d., in order that he might pay the same to James Reynolds, did fraudently convert the same to his own use and benefit. [Pleaded guilty. See original trial image.] He received a good character. Nine months' hard labour .—
(247.) JOHN BURNS (21) and JOHN MARTIN (21) , to breaking and entering the warehouse of Barham & Marriage, Limited, and stealing therein £4 11s. 7d., their money. [Pleaded guilty. See original trial image.] MARTIN, Nine months' hard labour; BURNS, Six months' hard labour .—
(248.) HENRY HUBBARD (27) , to stealing, whilst employed under the Post Office, a post letter containing two postal orders for the payment of 20s. each, the property of the Postmaster General. [Pleaded guilty. See original trial image.] Nine months' hard labour .—
(249) WILLIAM WATSON (24) , to committing wilful and corrupt perjury upon two separate occasions; also to preferring a false charge against Elizabeth Matty with intent to pervert the due course of justice. [Pleaded guilty. See original trial image.] Seven previous convictions were proved against him. Three years' penal servitude .—
(250.) HERMANN FRYKR (38) , to embezzling 18s. 6d., 18s. 4d., £l 0s. 5d., and 8s., received by him on account of Robert Oppenheim, his master; also to forging and uttering an endorsement upon an order for 18s. 6d. [Pleaded guilty. See original trial image.]Recommended to mercy by the prosecutor. Discharged on recognisances .—
(251.) GEORGE EDWARD BURRIDGE (22) , to stealing whilst employed under the Post Office a post Jotter containing a postal order for 3s., one half sovereign, two half crowns, and a florin, the property of the Postmaster General. [Pleaded guilty. See original trial image.] Nine months' hard labour .—And
NEW COURT.—Monday, February 29th, 1904.
Before Mr. Common Serjeant.
253. FREDERICK HELBERT (43) PLEADED GUILTY to obtaining credit for £37 10s. 8d. from the Gordon Hotels Company, Limited, without disclosing that he was an undischarged bankrupt (See page 382.) Four months' imprisonment, concurrent with his former sentence .—
(254.) WILLIAM HEWGILL (19) , to three indictments for feloniously wounding William Cambridge and others with intent to do them grevious bodily harm. [Pleaded guilty. See original trial image.] (See page 402.)—And
(255.) CHARLES CARTER (23) and GEORGE TURNER (24) , to breaking into the shop of Edward Bradley and stealing therein five boots, his property. [Pleaded guilty. See original trial image.] Three months' hard labour.
MR. WILKINSON Prosecuted.
EMMA TAYLOR . I keep a general shop at 4, Warwick Place, Pimlico—on February 17th, about 6.45 p.m., I served the prisoner with 1 1/2 d, of bread and cheese—he laid a half crown on the counter—I looked at it, thought it looked funny, but gave him 2s. 4 1/2 d. change, and put it on the side of the till by itself—he went away—a day or two afterwards a constable came and spoke to me, and I gave him the coin—he marked it—I had kept it separate—I put it on the mantelpiece—I identified the prisoner at the Rochester Row Police Station as the man who gave me the coin.
Cross-examined by the prisoner. I am quite sure you are the man—I did not say, "I think that is the man"—I said, "The second man."
CHARLOTTE JONES . I am the last witness's daughter—I was in her shop on February 19th about 9.20 p.m., when Ellen Sullivan (See next case) purchased a loaf for 2 1/2 d.—she placed this half crown on the counter—I looked at it, took it into the adjoining room and further examined it, and finding it was bad I went back, into the shop and said to the woman, "This is a bad coin. and I shall keep it"—she said, "I would rather you keep it than I should get into any other trouble over it"—she made no purchase—I handed the coin to Chatfield—he made a mark on it—I fallowed the woman to the door—I saw the prisoner standing on the opposite side of the road—there are lights in the shop and an electric light outside—the prisoner immediately ran fast and round the corner—I des described him to the police, and afterwards identified him from six or eight men as the man I had seen on the 19th—I have no doubt about him.
Cross-examined. After I had given my evidence against Ellen Sullivan you spoke to me in the Court, and in the street my mother picked you out.
GEORGE SMITH (Detective Sergeant B.) On the afternoon of February 21st I saw the prisoner in Great Peter Street, Westminster—I told him I should arrest him, and that he answered the description of a man wanted for being concerned with Ellen Sullivan in knowingly uttering a counterfeit half crown on Friday night, February 19th, and also as a man who had uttered a counterfeit half crown on Wednesday, 17th—he said, "I absolutely know nothing about it"—I took him to the station—on the way he said he knew a woman named Ellen Sullivan, to whom he was in the habit of giving a few shillings occasionally; that he saw her on the Friday night and gave her a half crown; that he afterwards heard that a woman named Ellen Sullivan had been arrested for uttering a worthless half crown and went to Gerald Road Police Station to see her, but was not allowed to do so—I told him I was looking for him the day previously—he said he heard I was looking for him in a public house in Great Peter Street several times the previous day—I took him to the police station—when formally charged with uttering on 17th he said he knew absolutely nothing about it, and as to the uttering on the 19th that he did not know it was counterfeit—I searched him, but found nothing on him—he gave his address as 57, Great Peter Street—I found that he did not live there.
Prisoner's defence: I knew nothing of the uttering on February 17th, and with regard to that of the—19th I did not know it was bad when I gave it to the woman till I heard that she had been taken into custody.
GUILTY .** Twelve months' hard labour.
MR. WILKINSON Prosecuted.
CHARLOTTE JONES . I am the wife of William. Charles Jones, of 5, Warwick Street, which is opposite 4, Warwick Place, my mother's shop—I was there on February 19th when the prisoner came and asked for a loaf of bread—the price is 2 1/2 d. for a cottage loaf—she gave me this half crown, which I took into a room at the back of the shop, examined, and found it bad—I afterwards handed it over to Chatfield—he marked it—I returned into the shop and told the prisoner I should keep the coin—she said, "I would rather you keep it than that I should get into trouble over it"—she made no purchase—I followed her to the step, and saw the man Sullivan—the prisoner said in the shop that she had it given to her by a gentleman in the street—she was walking away when I communicated with the police—she was brought back.
the prisoner and brought her to the shop—I said. "You must come back with me to the shop, a bad coin has been passed"—she said. "I dad not known a was bad, governor, or I should not have took it there; a gentleman gave it to me in the Belgrave Road"—when charged he Mrs. Jones at the shop she said, "I did not know it was bad"—I received this coin from Mrs. Jones.
NOT GUILTY .
OLD COURT.—Tuesday, March 1st, 1904.
Before Mr. justic Darling.
MR. C. MATHEWS and MR. ARTHUR GILL Prosecuted; MR. FRAMPTON and MR. BRAY Defended.
The prisoner in the hearing of the Jury said that he was guilty of man-slaughter, and the dury returned that verdic'. Twelve months' hard labour.
FRANCES BEDFORD . I am I he wife of George Bedford, of 16. Wolsley Road—I bought goods of the Prudential Furnishing Stores, 150 Sand 150A, Seven Sisters Road, Holloway, amounting to £2 9s. 3d., oft which I paid two instalments of 6s. and two of 4s., according to agreement—for one instalment we received no receipt.
Cross-examined. I agreed to pay 6s. a month, which would have paid off the debt in nine weeks—I bought blankets, but I would not go into detail if I were you—I wanted to bring some of the things into Court, but 1 think you have had enough.
GEORGE BEDFORD . I am a bricklayer, of 16, Wolsley Road—I have been employed by the Great Northern Railway since 1875—I received this letter of January 2nd, 1904, addressed to 16, Wolsley Road, and to the care of the station master, Great Northern Railway, King's Cross; also the post cards of January 7th., 4th, and 18th (Threatening proceedings for nonpayment of instalments of debt.)—I wrote this answer (Stating that he preferred proceedings in Country Court to receiving open letters.)
Cross-examined. I knew my wife bought the goods—I agreed to it—I suppose I signed the contract—this is my writing "George Bedford"—this is my wife's signature. "Frances Bedford"—I believe they do not look the same writing—I do not think they are—I have no doubt sue was present when I signed—she signed as a witness—I am still employed by the Great Northern Railway Company—I have never had any complaint against me of any illegal act or improper conduct—since these proceedings I have had notice that I should have to leave perhaps in a month, but 1 do not say that that is because of these letters; it may be because I am fitting to their age limit—I was represented by a solicitor
at the Police court—I did not instruct him—my wife did, I suppose—it was not the railway company.
FRANCES BEDFORD (Re-examined.) I am an imperfect scholar—my husband does all my correspondence, as a rule—he did not sign this contract; I remember that I signed that myself—I do not think I write like him—I do not think I did write it—I am not sure—I cannot identify my own writing, and it is no use asking me; but I will sign my name (Doing so.)
JOSEPH SYKES . I am a solicitor, of Great James Street, Bedford Row—I have written to and received letters from the prisoner—I received this letter from him—I believe the writing in these four documents is his, including the signature and the address.
Cross-examined. I wrote to him between the first hearing of the summons and the adjournment—the reply is dated February 5th—I addressed the letter, "Harry Britton, Esq., 20, Hillmarton Road, Camden Town, N.W."—the letter was produced when the manager called for it. The post card read: "Harry Britton, Accountant, Debt Recovery and Private Inquiry Agent, 20, Hillmarton Road, Camden Town, N.W. January 18th, 1904. Sir,—Yourself and Stores—I am surprised you are not recognising your obligation herein. Persons who obtain goods on credit to suit their convenience, do not pay for them, treat communications with contempt, occasion considerable trouble and expense, and offer no explanation of their conduct, receive scant courtesy from me, and suffer exposure and the consequences of their neglect to act, as a deterrent somewhat in obtaining credit elsewhere. Without prejudice,—Yours truly, HARRY BRITTON."
GUILTY .—Other similar levers, type-written were found in the prisoner's possession. To pay a fine of £25, and to remain in custody till it is paid.
NEW COURT.—Tuesday, March 1st, 1904.
Before Mr. Recorder.
260. GEORGE THOMAS BODMAN (26) PLEADED GUILTY to stealing, on January 20th, 1897, thirteen miniatures and other articles; also, on December 12th, 1900, a gold scarf pin; also, on October 5th, 1902, a parcel of watches and a pair of Kruger sleeve links; also, in 1904, a quantity of postage stamps; also, on December 3rd, 1903, a pair of dividers, the property of David Martin Currie. Judgment respited.
MR. LEYCESTER Prosecuted.
(The evidence is unfit for publication.)
GUILTY .—Charles Richter, the elder, then PLEADED GUILTY to a conviction of keeping a brothel in February, 1897. Two other convictions were proved against him. Four convictions were proved against Charles Richter,
the younger. CHARLES RICHTER the elder, Six months' hard labour —CHARLES RICHTER, the younger, Nine months' hard labour.
262. MARY MEREDITH (36) and LEWIS COLLINS (16) were indicted, with HYMAN FRIEDMAN (not in custody) for robbery with violence on John Anderson, and stealing a watch, a chain, and a pocket book, his property.
MR. GANZ Prosecuted.
JOHN STEVENS (321 H.) On January 18th, about 11 p.m., I was in Commercial Street with Aylett—we saw the female prisoner with a drunken man—we followed for about half an hour—we saw the male prisoner and another man follow up behind—they kept stopping in different doorways, and the two other men appeared to shadow them—they went up Fashion Street, through Fashion Court, and stopped there talking—the two lads, Collins and the other one, came to the corner of the Court and then went through—I was standing in the warehouse doorway on the opposite side—they said something to the man and woman—they made a rush at them and ran through to the other side into Flower and Dean Street—I came round to the other end of the Court, and there I saw the woman and the man together, and the two male prisoners stood in a doorway in Flower and Dean Street—I saw the woman feel in the man's pockets—she came out and showed the male prisoner and the other man something she had in her hand—one of them said, "Has he got any more?" and she said, "Yes—she stood there, and the two men went up to the prosecutor—they made a rush at him—one of them hit him in the eye. and they all fell down together in a corner—I rushed up, and Aylett came the other way—I arrested Collins about ten yards from where the woman stood, and he threw what looked like a book or a purse over a fence—I said to him, "What have you thrown away?"—he said. "The other chap gave it me"—after I got him to the station, I went back and looked over the fence and found this pocket book and watch chain—at the station I asked the prosecutor in the prisoners' presence what he had lost—he identified this property—he was the worse for drink—the pocket book contains army discharges—in the prisoners were all admitted to bail—the other man, Friedman, has absconded.
The prisoner Meredith. "I was buttoning the man's coat; he asked me to do so."
Cross-examined by Collins. I say you struck the prosecutor—one of the constables at the station did not strike him because he began to quarrel.
EDGAR AYLETT (57 H.) On January 18th I was in Commercial Street with Stevens—we saw the prosecutor, who was drunk, in the female prisoner's company being followed by Collins and Friedman—they went up Fashion Street into Fashion Court, where they stood talking for a few minutes—the woman then felt in the prosecutor's pockets—I was standing at the end of the court, about thirty vards away—the woman took something out of his pocket, then went and spoke to Collins, and Collins then came and knocked him down—we then went up and arrested them—they
struggled to get away, and Collins in the struggle threw a pocket book and chain away, which the next morning the prosecutor identified.
Cross-examined by Collins. I say you all went down together—your clothes were not muddy, because the prosecutor was under you.
The prisoners' statements before the Magistrate: Meredith says: "I met this man outside the Princess Alice and went to have a glass with him; he insisted upon my having another, and I remained in his company some time. I told him I did not think they would serve him with any more because his clothes were very muddy. He asked where I lived. I told him. We were going through the court when he asked me to have a drink. I said I would rather have something to eat. He said, 'Very well.' As we went, Friedman spoke to me and Collins spoke to me, and asked me if I was with him. I said, 'Yes.' The next thing was that he took his coat off and I heard his whisky bottle break. I got rather frightened, and if I had seen a constable I should have spoken to him, but I did not know the detectives; I did not know these men were following me up. I know nothing about the robbery. I am innocent. I have no witnesses." Collins says: "We did not assault him."
Meredith, in her defence, staled that she was innocent, and that Collins and the other man were perfect strangers to her.
Collins, in his defence, stated that he was passing through the court and saw Friedman wanting to fight the prosecutor, and that he interfered to protect him, and that he picked the pocket book up. MEREDITH
NOT GUILTY .—COLLINS GUILTY . A conviction of felony at Kingston whilst out on bail was proved against him. Four months" hard labour to run concurrently with the sentence passed at Kingston.
MR. FLEMING Prosecuted.
ELIZABETH HARGRFAVES . I live at 8, Balfour Street, Battersea—I work at Watney, Combe, and Reid's Brewery as a bottler—I have known the prisoner two years and three months, and have kept company with him all that time—we had a quarrel on a Saturday night at the end of January over me going with another chap—I saw him on the following Tuesday night, when me and my friend Ellen Garrett were coming home from work—suddenly I felt a pain in my back when we got round by the new bridge, and I found I had been stabbed—the prisoner was there—I fell, and he picked me up—I saw him before that—he said nothing—I became unconscious—when I came to, Ellen Garrett asked him what he had done, and he said he had stabbed me—he took me to his mother's house, who bathed the wound and he sent for brandy—I saw nothing in his hand—he had been drinking.
ELLEN GARRETT . I live at 45, Everett Street, Battersea—I work at the same brewery as the prosecutrix—I was walking home with her on the night of February 2nd—the prisoner came up behind, stabbed her in the back, and said, "I've done it"—Hargreaves said, "Done what?"—
he said. "I've stabbed her, here is the knife I've done it with"—this is the knife (Produced)—the prisoner took us to his home; his mother bathed the wound, and put some sticking plaster on: the got some brandy and then walked out—he said to his mother. "Mother, I've stabbed Liz," and put the knife on the table.
GERALD QUIN LENNANE . I am a registered medical practitioner at 145. Battersea Park Road—I attended the prosecutrix at the police station on February 2nd—she had between her two shoulder blades an incised wound about 1 1/4 inches long and 3/4 inch deep—this is the knife that was shown me—it had struck a lucky spot, going into the muscles at the back on each side of the spine—I put a stitch in—I should say it healed almost immediately; it was a clean cut, wound—I heard that the knife had been in the fire, and that would account for its dirty condition.
ALFRED BLACKBURN (47 W.R.) I arrested the prisoner at 10.50 p.m. on February 14th at the Duchess of York public house—in reply to the charge he said, "It was done in jealousy; I did not mean to do it."
JOHN WATTS (Detective Sergeant A.) On February 3rd I went to the prisoner's house, where his mother handed me the knife; it had been in the fire and burnt—I saw the prisoner on February 15th at Battersea Park Police Station—I told him I held a warrant for his arrest—I read it to him—he said, "Not with intent to do grievous bodily harm"—on the way to the station he said, "I am very sorry, I had been drinking." and. "It was all over a bother with another chap; I took her home and wandered about, and I was thinking about giving myself up."
The prisoner, in his defence, staled that they were larking about; that he had a knife in his hand, cutting an apple; that she came suddenly back and the knife cut her; that he had been keeping company with her since; that she had since sen' him halj a sovereign, which he had refused to take; and that he had no intention of doing her any harm.
NOT GUILTY .
MR. GANZ Prosecuted.
HONORA MCCARTHY . I live at 94, Albion Road. Dalston—I let apartments—on December 18th, 1903, the prisoner came to me about taking a furnished room at 6d. fid a week—she told me she was a nurse at Netley Hospital. and was up for exams,—to take her last degree at the London Hospital, and that she had paid £5 to the doctor there—she asked me to lend her a sovereign, which I did—she then said that would not be quite enough, would I lend her another—I did so—she was with me three weeks—she paid me nothing—she came home on January 6th at 11.50—she had had too much to drink and abused me—she went out again at 12 o'clock—
I did not see her again till February 12th at the police station—she told me she had money at Barclay's Bank, which statement I believed.
Cross-examined by the prisoner. I did not charge you with stealing a bag; I simply said you had taken it.
Cross-examined. I have no letter that you sent to the hospital—if you wrote one we never got it.
FREDERICK SAMUEL SHELL . I am an assistant missionary to the Sailors' Palace, Limehouse—on February 4th, I was at the house of a Mrs. Reynolds at Balham, where I met the prisoner, who was a guest there—my wife was with me—when we left, the prisoner accompanied us as far as the Elephant and Castle—she came to see us at the Sailors' Palace on February 5th, and had tea with us—she said that after leaving us the previous night she had lost her purse with about £2 10s. in it, but that she was expecting a remittance from Netley Hospital on the Saturday morning, where she was a sister; would I lend her 10s. till then—I did so—I should not have advanced the money if she had not made the statement about Netley Hospital—she was a total stranger to me.
LOUISA ELIZABETH SHELL . I am the last witness's wife—I met the prisoner at Mrs. Reynolds' on February 4th—I saw here again the next day—she said she had lost her purse, and was going to ask Mrs. Reynolds to lend her a few shillings, we believing her to be an old friend of Mrs. Reynolds, and believing what she stated as to Netley Hospital, lent her 10s., which we have never got back.
Cross-examined. There was nobody else present when we lent you the money.
HERBERT TAYLOR (Police Constable J.) I arrested the prisoner at Stamford Street, Lambeth, on February 5th—I read the warrant to her—she said. "I admit it all; they cannot hang me for it; I will pay them back if I can get a situation."
The prisoner, in her defence, stated that she never told Mrs. McCarthy that she was attending the London Hospital, or that she had an account at any bank; that she told her she was willing to pay the money bad; and that she did not obtain it by false pretences.
GUILTY . Five convictions were proved against her. Three years' penal servitude.
THIRD COURT.—Tuesday, March 1st, and Wednesday, March 2nd, 1904.
Before Mr. Common Serjeant.
NOT GUILTY .
The prisoners then PLEADED GUILTY to feloniously attempting to break and enter the St. James' Church School at Islington, and to being found at night in the unlawful possession of housebreaking implements. A former conviction at Clerkenwell was proved against Henry Williamson. Eighteen months' hard labour each.
266. WILLIAM HEWGILL (49) PLEADED GUILTY to feloniously wounding Minnie Burgess, Rose Burgess, and William Cambridge, with intent to do them grievous bodily harm. He received a good character. Twelve months' hard labour.
MR. PARTRIDGE Prosecuted.
CHARLES FELDMAN . I am an assistant to Benjamin Solomon, a draper of."4. Berners Street, Oxford Street—at 7.45 p.m. on February 22nd the prisoner came into the shop and asked for two ties at 6 1/2 d. each—I got them out of the window and handed them to him—he passed me this five shilling piece (Produced)—I felt that it was light, and cut it with a pair of scissors and cut a piece out—it was bad—the manageress. Miss Taylor, and a lady customer were there—I asked him where he got it—he said he took it in the City—I passed it over to the manageress, who told me to fetch a policeman—the prisoner heard what she said, and as I went out into the street I saw him running out of the shop—I ran after him. and caught him up at the corner of Newman Street—he said, "I want my change"—I held him by his collar and took him back to the shop—he said nothing on the way. but directly we got to the shop he said, "It is not me what gave you the five shilling piece"—I asked him why he ran away, and he said. "I have not been in the shop"—I remained with him and sent for a policeman—when I told him it was bad, he gave me back the parcel, which he had put in his pocket—I did not lose sight of him at any time—he was running when I caught him up at Newman Street.
JANET TAYLOR . I am a manageress at this shop—I saw the assistant serve the prisoner—I was standing just by him, and could see all that took place—I saw the prisoner put down a five shilling piece—the assistant cut it and passed it to me—I told him to go and fetch a policeman—I said to the prisoner. "How did you get this?"—he replied, "I am a crockery dealer; I do not know how I get bad money"—he made a dash for the door and went down the street—I saw the assistant run after him and bring him back about three seconds afterwards—when they got into the shop he said. "What is the matter? I have not seen you before; I have not been in the shop"—when the policeman came he still denied being the man—we were quite certain on the point.
THOMAS CLARK (413 D.) I was called to this shop on the evening of February 22nd—Janet Taylor, pointing to the prisoner, said, "That man has pased a bad five shilling piece"—he said, "I have not been in the
shop"—I took him into custody and searched him, but only found 2d.—I took him to the station, and he was charged.
The prisoner's statement before the Magistrate. "I was standing at the corner of the street when a man came up and took me."
GUILTY . He then
PLEADED GUILTY to a conviction at this Court on June 24th, 1901, and several other conviction were proved against him. Fifteen months' hard labour.
MR. PARTRIDGE Prosecuted.
ALFRED FRETTON . I live at 48, North Street, Hackney, with my parents—I was in North Street about 10 p.m. on February 14th—the prisoner asked me to get him a pint and a half of ale in a can, and gave me a five shilling piece—I went into the Baker's Arms, in the same street—I saw Miss Franklin there—I put down the five shilling piece and asked for the beer—she gave me a can of beer and 4s. 8d. change—I gave the prisoner the can and the change—he said, "Here, cock, here is a penny," and gave me one—he then walked across the road to a little man, who was standing on the public house side of the road, and they walked off together—they stopped at the top of the street and started drinking the beer—there was a florin amongst the change that I gave him—I went indoors—Miss Franklin came about three minutes afterwards and told me I had given her a bad five shilling piece—we went to the top of the street and turned round to the right into Mare Street—we saw a man going across the street—I asked him if he were the man who had given me the five shilling piece, and he took no notice—I recognised him by some scratches on his face that I had noticed before—Miss Franklin claimed his arm and asked him to come to a policeman—he pushed her hand away and ran down Ash Grove towards Ada Street—we ran after him—when he got into Ada Street he doubled and ran into No. 38, Mr. James' house—Mr. James pulled him out, and he started running again—just as he got round the corner Mr. Robinson caught him—a good many people were running after him—I lost sight of him when he ran into the house, but otherwise I kept him in sight from the time I went up with Miss Franklin—I did not see the beer can again—when I saw him the second time the little chap ran off.
Cross-examined by the prisoner. I saw no other man running when we got up to you except the little man.
ANNIE FRANKLIN . I am a niece of the landlord of the Bakers' Arms—on the evening of February 14th I was serving at the bar when the boy came in—he asked for a pint and a half of beer, and gave me this five shilling piece, and I gave him the beer in a can and 4s. 8d. change—I did not mix the coin with any other money—I examined it and saw that it was bad—I took it to my uncle, and then went to the boy's home, which is near—we started out together—we saw the prisoner at Mare Street, Hackney—the boy spoke to him, but he would not take any notice
I caught hold of his arm and said, "You gave this boy a bad five shilling piece to chance at my house—he said, "No, no; not me; you have made a mistake," and walked on—I asked him to come and be searched by a policeman—he said. "No"—when we got to the top of Ash Grove he threw my hand off and said, "I live down here," and ran down Ash Grove—I did not see anybody else running—I shouted, "Stop thief," and we ran after him—I kept him in sight until he ran into Mr. James' house—Mr. Robinson caught him at the corner when he ran out, and held him—he said ho lived at Ash Grove first, and then he said in Brunswick Street—he was running in quite a different direction to Brunswick Street—the policeman came up, and I told him about it and gave him the coin—the prisoner, as far as I could hear, did not say anything—the policeman took him to the station—when I first saw him I noticed that he had a scratch on his nose and one on the side of his face, which are not there now.
Cross-examined. There was no man running before you—you could not have got to Brunswick Street in the direction you were running.
By the COURT. He would have got to Brunswick Street if he had not turned off.
SIDNEY GEORCE JAMES . I live at 38, Ada Street, three or four minutes away from Mare Street—on February 14th I was indoors and heard shouts—I walked to the corner of Ada Street and Antwerp Street, leaving the front door open, which is in Antwerp Street—I saw the prisoner running. followed by a lot of people—I did not see anybody running in front of him—he turned into Antwerp Street, and ran through the door I left open—he was running away from Brunswick Street—I followed him up and hallooed, "Hi! guvnor, our of this," and I shored him out—he was not doing anything: he was only standing there—ho did not say anything—he then ran into Ada Street Cowards Mare Street—I followed him. and when I got to the corner I saw he was detained by Mr. Robinson.
BENJAMIN JAMES ROBINSON . I live at 42, Ada Street—I was attracted on February 14th by cries of "Stop, thief—I went out of my house and saw the prisoner running—I stopped him, and held him until the police came—I did not see anybody running in front of him—we neither of us said anything until the police came.
Cross-examined. I caught hold of you by the collar, and let you go when the police came.
By the COURT. I lot him go just as the police came up, because he said he wanted to smoke, or something—there were four policemen—we were about twenty yards from Mr. James's doorway.
JOHN PLACHETT (478J.) I was on duty in the Broadway, Hackney, on the evening of February 14th—I saw a crowd of people running down Ada Street—I wont after them and saw the prisoner standing up against a wall—I could not see whether he was being held or not—Miss Franklin stored that he had sent a boy with a bad 5s. piece into her house—he said: "They have made a mistake, I was running after some boys"—I immediately searched him, and found a good 2s. piece and no other money—I noticed several scratches on his face—he save his correct name and
address, Brunswick Street, Hackney Road, at the police station—I know the neighbourhood well—he was running in an opposite direction to Brunswick Street—on the way to the station he said, "I am after another man—he was formally charged. and made no reply.
GUILTY.—Recommended to mercy by the Jury. Two months' hard labour.
MR. FRAMPTON and MR. BRAY Prosecuted, and MR. CHARLES MATHEWS Defended.
MR. MATHEWS submitted that there was no evidence of abduction, in which the Court concurred.
NOT GUILTY .
FOURTH COURT.—Tuesday, March 1st, 1904.
Before J. A. Rentoul, Esq., K.C.
MR. MARTIN Prosecuted.
JOHN HOLLAND . I am a moulder, of Victoria House, Whitechapel Road—On February 6th, about 4 p.m., I left a public house in Oswald Street, whitechapel—I was going home—three men came behind me, knocked me down, took me by the throat, and took 14s. 6d. out of my pocket—they ran away, and I ran after them—two went one way, and the prisoner turned down George's Yard, I following—this was about 400 or 500 yards from the place where I had been knocked down and robbed, and I was thirty or forty yards behind; but I had kept sight of him the whole time—he ran into the arms of a policeman, and I came up and gave him into custody.
EDWARD SEARLE (230 H.) On February 6th, a little after four o'clock, I saw the prisoner—he was running away from the prosecutor, who was holding his throat—I stopped the prisoner—he did not give himself up to me—the prosecutor came up, and said, "That man has knocked me down, with two others, and taken 14s. 6d"—the prisoner said. "It's no use taking any notice of him; he's drunk"—I searched the prisoner at the station and found 2 1/2 d. and two pocket knives upon him—I arrested him about 250 yards from where the assault took place—I afterwards went back to see if any money had been thrown away, but could not find any.
GUILTY .— Judgment respited.
MR. PASMORE Prosecuted; MR. BURNIE Defended.
myself about 10.45 p.m., and went to bed—I was awakened about 4.30by my mother, who is an invalid, and lives in my house—I went to her bedroom. and saw the prisoner there—I seized him. and. turning to my wif,. Who had followed me in. I said, "Don't loosen the mastiff yet"—I asked the servant to fetch a policeman, telling her she would find one at the Manor House, which is a point—I then asked the prisoner what he was doing there—he replied, "Ah, there you are—I replied, "Yes, and here you will stay until the policeman comes"—then I took him into my own bed-room—he was very quiet, showed no resistance whatever, and he said in my bedroom, "I am no burglar—I said, "We will see about that later on"—he continued, "Someone must have brought me here"—I said, "And somebody has taken off your boots. I notice—I told him to take a seat until I had got my things on—just then the police arrived—he was taken to the police station—he showed no resistance whatever, but was just as quiet as in my room—he gave me no trouble whatsoever—at the station he was put into the dock, and then said, "I am a cabman"—the Sergeant asked him if he had got his licence, and he said, "No, I lost it on Coronation Day—nothing was found upon him but a knife, some money, and a few papers—he was certainly sober when I saw him, though he may have been drinking overnight—it is possible he may have been dazed.
Cross-examined. Besides the things mentioned, a quartern bottle of gin was found upon the prisoner.
JOHN SIVERS . I live at 38, Franklin Street, Tottenham, and am a watchman—at 2 a.m. on February 21st I was at the tram depot in the Green Lanes—I saw the prisoner loitering near Ravenswood—he stayed near the gate until the passers-by had gone by, when he entered the gate in a crouching position—I informed Police constable 480N what I had seen, who requested me to accompany him to the place—the policeman shone his lamp, but we saw nothing, and I returned to my work, and heard no more till 6.15, when he called to me to go and identify the prisoner, which I did—the prisoner may have been drinking, but was not drunk.
Cross-examined. The road is a wide one, and I was on the opposite side of it, but I could see the prisoner, because there is a lamp right opposite the house—he was not drunk, and was crawling into the garden on all fours.
GEORGE KENT (480 N.) On February 21st, about 4.30 a.m., I was called to 326, Green Lanes, and the prisoner was given into my custody—I saw the basement window open, and foot marks on the window sill—he said, "I am no burglar: I am not a thief; someone has brought me here"—he was wearing no boots, but a pair was standing near the window—he said, "They are my boots"—I gave them to him—he put them on and I took him to the station—I searched him there, and found upon him a clasp pocket knife, a box of safety matches, a quartern bottle of gin. full, a small latch key with leather ring attached, and 7s. 5 1/2 d.
Cross-examined. I am the officer mentioned by the last witness—it was about 4.30 when I was called to the house—there is a sofa in the breakfast parlour—I do not know whether the prosecutor has missed the gin.
The prisoner's statement before the Magistrate: "I remember nothing at all about being in the house."
The prisoner, in his defence on oath, said that he lived at 9, Southwark Street, Cornwall Road, South Tottenham; that he had never had a charge of dishonesty made against him; that he had lost his cabman's licence through being drunk while in charge of a cab: that he had since been employed as a horsekeeper, and his employer was there to speak as to his character; that the last he remembered on the night preceding his being found in the prosecutor's house was being in the Blackstock public house within a few minutes of closing time; that he had no recollection of how he got into the house, the first he remembered being his waking up off the couch and wondering where he was; that his cap was on the head of the couch, and he had taken off his boots, which was his custom immediately he got home; that when he awoke he thought he was in a friend's house, or that somebody had brought him in there, and he walked up stairs to see anybody of whom he might inquire, but remembered nothing about the window being forced open; that his own home was three-quarters of a mile away; and that he was a married man with one child.
Evidence for the Defence.
JAMES SANDWICH . I am a cab proprietor; I have known the prisoner about ten years—he has been in my employment for nearly two years, ever since Coronation Day, when he lost his licence for being drunk while in charge of a cab—I know him as a truthful and honest man—he has been out on bail, and is still in my employment—it is a very unusual thing for him to get drunk; but he does so sometimes, and then he is apt to lose himself.
NOT GUILTY .
272. GIOVANNI ANTONOPOULIS (30) , Burglary in the dwelling house of Adrienne Liard, and stealing therein three cloaks and one jacket, her property, and one motor bicycle, the property of Raphael Liard.
MR. FITZGERALD Prosecuted, and the proceedings were interpreted to the prisoner.
ADRIENNE LIARD . I am a mantle maker, of 19, Duke Street, Portland Place—I keep the whole house; my workshop is on the ground floor, and I live in the house—on (February) 26th the prisoner came with another man, who acted as interpreter, and said that the prisoner wanted to engage a room at once—I let a room for two months at 11s. a week, and received 11s. in advance—I gave the prisoner a latch key, and he went away, and returned about ten o'clock—the next I saw of the latch key was three days after, when he left a note, written in French, with the servant, saying, "Thank you, madame, very much for your keys; I am leaving now"—I am sure this is the man.
KATE HOWLETT . I work at the last witness' house—on Tuesday, January 26th, the prisoner came there and occupied a bedroom—on Friday, the 29th, about 11 a.m., I saw him going down stairs—he returned and gave me the latch key and a piece of paper, which I gave to the last witness' daughter.
GARRIELLE LIARD . I reside at 19, Duke Street, with my mother—on Sunday, January 31st, about 9.15 p.m., I saw in the workroom a motor cycle, two coats, two lady's cloaks, a mackintosh, and a gentleman's coat—the clothes were worth about £10, and the motor cycle about £40—next morning I wont down stairs to fetch Mamma's cloak, and could not find it—I turned round and saw my brother's motor cycle had also disappeared—I went to the Albert Street Station—from there I was sent to Tottenham Court Road, and they sent me with a gentleman to Marlborough Street Station, where I saw the property.
ALFRED DREWERY (179 C.) I was on duty on Monday, February 1st, at 4 a.m., in Dean Street, Soho, and saw the prisoner there carrying a lot of clothing—I asked him what he was doing with the things—ho replied, "Me no understand English"—I asked him if ho could speak French, German, or Italian—he said, "No"—I said, "You will have to give an account to me of where you got these things from"—he made no reply—I took him down Dean Street and Carlyle Street into Chapel Street, intending to take him to the station—in Carlyle Street we passed a motor bicycle, the one which has since been identified, with its lamp lit—when we got to Chapel Street the prisoner said he got the clothing out of a house, No. 12, at the crossing of Wardour Street and Chapel Street—he went towards the door, and put his hand into his pocket as if to take a key out, then turned round suddenly and threw the clothes in my face—he ran away, and 1 ran after him, blowing my whistle—he turned and drew two revolvers, shouted "I will shoot," and fired—the bullet missed—he ran down Wardour Street, Edward Street, Berwick Street, and Walker's Court into Crown Court, and there I lost sight of him for about five minutes—I went up and down a few streets looking for him, and came across him scuffling with 307 C. and some other constables in Berwick Street, and we got him to the station, where he was searched, and there was found on him an electric lamp, a bunch of keys, including one which fits the door of 19, Duke Street, a tin of chloroform, a pair of pliers used for turning keys in locks from the outside, and a pair of gloves (Produced)—he was wearing a pair of rubber goloshes, and a revolver was taken from him—the other revolver he had thrown away—I took the stolen property to the station, except the bicycle, which was brought on by another constable.
JAMES KAVENEY (307 C.) About 4.30 a.m. on February 1st I was in Old Compton Street, when my attention was attracted by the blowing of a police whistle—I ran in that direction, and saw the prisoner approaching me with a revolver in each hand—all at once he came to a standstill—he was then ten or twelve yards away—he fired one shot, which missed—he ran into Dean Street and fell against a post, which gave me a chance to get hold of him—there was a struggle of about five minutes, and he got up and ran away into Mare Street, where he tired another shot, which also missed—then he ran into Peter Street, where 1 re-captured him, and
hold him till some other constables came to my assistance—ho had got rid of one of his revolvers by that time, but while wo were both on the ground ho pointed the other one straight in my face—one of the constables dealt him a blow on the head with his truncheon—we took him to the station.
Prisoner's defence: I found the things in the street.
GUILTY .— Seven years' penal servitude and seven years' police supervision. The Jury commended the courage displayed by the police, in which the Court concurred.
OLD COURT.—Wednesday, March 2nd, 1904.
Before Mr. Justice Darling.
NOT GUILTY .
274. PERCY COX was again indicted for unlawfully procuring a certain mixture with the intention of causing a miscarriage. Another count, for inciting Mary Dixon Sharp to procure noxious things for an unlawful purpose. The prisoner stated in the hearing of the Jury that he was guilty.
He received a good character. Eighteen months' imprisonment.
NEW COURT.—Wednesday, March 2nd, 1904.
Before Mr. Recorder.
MR. LEYCESTER Prosecuted: MR. MUIR and MR. SYMMONS Defended.
WILLIAM PAYNE . I am foreman to George Wheatley, a contractor, and work at his stables at the Railway Arches, Goldhawk Road, Shepherd's Bush—the prisoner is a goods foreman at Little Hammersmith Station—he occupies stables two or three arches from ours—on February 16th, in the evening, there were two sacks of chaff in our stables—my master was in communication with the police, and I knew there was a detective in the neighbourhood of the stables that evening—before leaving, I put two enamelled plates with my master's name on them into the middle of the sacks—I left the stables about 8.45, shutting the door behind me—it was not locked, but hooked with a chain on a nail—I went away, and saw the prisoner going to his stables—he has some horses and carts with the name of A. and L. Spruce—I went to the top of the arches. and then came back, as I saw some of our horses coming back—I went back to the stable—I had been away fifteen or twenty minutes—I saw the carman take the horses into the stable, and then I wont into the middle stable, and there missed a bag of chaff, which was one of the bags with a plate in—I wont and informed the police—they went to the
prisoner's stables, and 1 followed—it was about 9.15 or 9.20—I saw the sack on the floor there, with the plate just inside—the sack was untied—I cannot say whether any of the chaff had gone—the prisoner was there, standing against the sack—I heard what was said between him and the police—he wont off to the station.
Cross-examined. The arches are all in a row—I know the prisoner is goods foreman at Little Hammersmith Station—I do not know how long he has been there—I know he is connected with A. and L. Spruce—I do not know that they were employed as contractors for carting from the railway station to the North London Tramways—I know that our firm have now one cart at work in carrying coal from the railway station to the North London Tramways Company—they have done so for about twelve months—we used sometimes to have six horses there—I had been to Uxbridge that day, and left there about 5.50 or 5.55—I cannot say exactly when I got back—the stables is lit by an oil lamp, and sometimes by a candle—it is a seven-stall stable.
Re-examined. I had a man named Harris with me at Uxbridge—he is in the same employment—I left him at Uxbridge about 5.50—I was there about an hour—I did not see him again that night.
By MR. SYMMONS. I saw a man named Owen at Uxbridge—he asked me for a "sub.," which is something on account—I did not refuse, saying that I had only enough for the tickets for Harris and myself—I caught the 5.50 or 5.55 train, having lost the 5.30—I do not know whether Harris was in either of those trains.
FREDK. WISKER (Detective T.) On February 16th the prosecutor made a complaint to me about 8.45 p.m.—I was watching in the neighbourhood of his stables—about that time Payne came up and spoke to me—I went to the prisoner's stables with another officer—he was there standing by a sack of chaff, with this plate standing a little way out. as if he had just drawn it out, his hand was on it—I asked him where he got it from—he said, "Well, I have not stolen it; one of Mr. Wheatley's carmen flung this aside of me"—I told him that he would no doubt be charged with stealing—I said. "Which carman?"—he made no reply—Payne came in then and said, "Yes, that's the governor's sack—the prisoner seemed to be stupefied—I then took him to the station—he said to the prosecutor in my hearing. "Harris brought that to me; I did not steal it"—I asked him how many arches he had—he said, "Two; they are not mine: they are rented by L. and A. Spruce, whose horses I look after—he was charged, and made no reply.
Cross-examined. We searched the prisoner's stables at the time we went there; he accompanied us—before that we were watching for a—quarter of an hour; we were hiding out of everyone's sight; we were not ourselves in a position to see.
GEORGE WHEATLEY . I am a contractor, of 11, Windmill Road, Chiswick—I accupy arches in the Goldhawk Road, and have a foreman—I had made a complaint to the police on the evening of February 16th—I received certain information, and went round to the prisoner's stables—I found the police and the prisoner there—I saw the sack of chaff and
the enamelled plate, which was my properly—I went to the station and charged the prisoner—he there said, "One of your drivers named Harris put this bag of chaff alongside of me"—Harris is one of my labourers.
Cross-examined. Harris would have access to where the sacks of chaff and corn are kept—the value of the sack is 2s. 3d.—I knew that Spruce's wore carrying for the North London Tramways Company—I also carry for them, and have done so for three years.
Re-examined. There is no regular contract with the company—some dozens of people cart for them.
By the COURT. They employ whom they want; they are under no obligation to employ us to-day because we carried for them yesterday.
ALFRED HARRIS . I am a labourer, employed by the prosecutor—on the day the prisoner was arrested I was working at Uxbridge—I do not remember the date—I left at 5.30 a.m., to go to Uxbridge—I left Uxbridge at 6.5 p.m., and got back home at 10.30 p.m.—I live at Chiswick, about half a mile from the stables—I did not go back to the stables that evening—I was not there at all that day after I left home—it is not true that I took any sack to the prisoner's place—I did not fling any sack of chatf aside of him.
Cross-examined. I saw the foreman Payne at Uxbridge—he caught a train about 5.30—before he left I asked him for a sub.—he gave me 2s.—I receive 2d. a day for travelling expenses—I left Uxbridge at 6.5 p.m. walked to Southall, and took the tram to Acton—I know Thomas Owen—he left the job at 5.30—I was not at the stables about 9 o'clock, and did not have the sack of chaff—I did not take it in to the prisoner and say, "There you are, Bill"—I was employed by Walter Moore & Co. about five years ago—I got into trouble while there, and had twenty-one days' hard labour for embezzling 30s.
Re-examined. I was then nineteen.
Cross-examined. I made inquiries, and found there was a firm named Spruce carrying on business there—the prisoner has been in the railway company's employment about twelve years, and six years in another company—he had risen to the position of goods foreman.
Re-examined. I found nobody in charge of the business at the stables except the prisoner.
The prisoner, in his defence on oath, stated that he was in the employment of the North and South Western Junction Railway; that he got to his stables about 8.45; that Harris came and spoke to him about 8.50 and wanted to sell him corn or chaff; that he refused to buy any; that Harris came back again a little after nine with three parts of a sack of chaff, and threw it right into the stable, and shouted out, "There you are, Bill" and then hurried away; that he, the prisoner, went to the sack with the intention of throwing it out, when he was confronted by the police, and that he had nothing to do with carrying it into the place.
NOT GUILTY . (See next case.)
MR. LEYCESTER Prosecuted; MR. MUIR and MR. SYMMONS Defended.
FREDERICK WISKER (Detective T.) On the night of February 16th I was searching the prisoner's stables in a railway arch at Goldhawk Road—I there found a sack full of small coal—I asked him to account for it—he said he did not know about it; it had been there for three weeks; one of his carmen must have brought it there—I think Sergeant Allerton found the shovel—the coal was afterwards shown to Mr. Osborne, the coal checker of the Tramway Company.
Cross-examined. I think the value of the coal was given by Mr. Osborne as 6s. 6d.—I have heard that the prisoner has got two men in his employment named Young, as carmen for carting coal—I have not spoken to them about this—I was only present when the coal was found.
ALBERT CHARLES OSBORNE . I am coal checker in the service of the London United Tramways Company—on February 16th I was called by the police to the railway arch of A. & L. Spruce—I there saw a sack of coal—it is a special kind, what we term a double screened washed nut—only the Tramway Company has coal of this kind at Little Hammersmith Station—this coal is hauled from there to our depot—we take from 1,800 to 2,000 tons a month of it—there is 3 cwt. in a sack—our depot is 100 to 150 yards from the station—the prisoner has been employed there ever since I have known him—he was employed to cart coal for us—while at his premises I found a large shovel with "L.U.T. Coy." On the handle and blade—we had missed it for some months—I had previously inquired about it, and issued another one to replace it—no one had a right to take it from the station yard.
Cross-examined. I inquired of all the carmen as they came in—Young is one of the prisoner's carmen—he would have in shovelling coal the right to use this shovel, but not to take it away from the station yard—I asked one of the Youngs if he had the shovel—he said he had not—I have not seen the other Young to ask him—I do not say he has stolen it; I say he did not return it as requested—he ought to have returned it—they would have no right to take coal—I presume this is the shovel we missed; we serve them out six at a time—I weigh the coal as it comes into our depot—the cart is tipped up and the coal drops out.
Re-examined. I believe I lent the shovel to Thomas Young, but I do not know the men's Christian names—we have missed two shovels—they are handed to the carmen to do the work with.
BENJAMIN ALLERTON (Detective T.) I was with Wisker when the prisoner's arch was searched—I asked the prisoner how many arches he had—he said, "Two; this one and the next one, and all that is in them belongs to me"—I said, "How do you account for this coal being here?"—he said, "I have not stolen it; it has been here three weeks"—I said, "Have you made any inquiries about it?"—he replied, "No—on the 24th he was charged, and made no reply.
Cross-examined. At the police court he said. "I am not guilty, and reserve my defence"—I knew he had men employed as carmen; he did not tell me.
Evidence for the Defence.
THOMAS YOUNG . I live at 9, Bennett Street, Chiswick, and am a carman to the prisoner—I carry coal to the Tramway Company's premises—I know that some coal was found on the prisoner's premises, that is, bits of coal that remain in the cart when it is tipped at the wharf; when we get back to the stables the horse is taken out and the cart is tipped right up, when little bits of coal fall out, which is then collected and put in a sack with the intention of being taken back.
Cross-examined by Mr. Leycester. A little bit of coal catches on the front board of the cart—there is about half a shovelful at the end of the day—I should say there was a little over a hundredweight found on the prisoner's premises, not 2 or 3 cwt.—I have been working for the prisoner for about six months—I have taken back coal that was collected in this way to the railway station—I know nothing about the shovel.
JAMES AMBROSE YOUNG . I am the other witness' brother, and am employed by Spruce in carting coal for them from the railway station to the Tramway Company—I used this shovel on February 5th—I put it into Spruce's stable, so that I could use it the next morning; but I was stopped working on that job, so that it was left in the stable—the coal found was what lodged on the front of the cart; when the cart was tipped up at night it fell off, and we gathered it up and put it in a bag—the cart is tipped up higher when taken back to the stables, the horse being out.
Cross-examined. I have been carting coal for six months—while I am working on the coal I always take the shovel back to the stable, and so do the other carmen.
NOT GUILTY .
Before J. A. Rentoul Esq., K.C.
MR. METCALFE Prosecuted; MR. PURCELL defended Dean.
CHASEY and MATTHEWS PLEADED GUILTY , and DEAN PLEADED GUILTY to robbery without violence. Twelve previous convictions were proved against Matthews and one against Chasey. MATTHEWS, Five years' hard labour and two years' police supervision —CHASEY, Judgment respited —DEAN, To enter into his own recognisances.
278. LEWIS RICHARD NIGHTINGALE (42) and JOHN LYE (23) . Breaking and entering the dwelling house of John Henry Bicknell and stealing a brooch, a necklace, a ring, and £1 12s. in money. Second count, Receiving the same knowing them to be stolen.
MR. FITZGERALD Prosecuted; MR. STEWART Defended.
ANNIE MARY BICKNELL . I reside at 22, Beecham Road, Forest Gate—I am married—on Thursday, February 4th, I left my home securely fastened at 1 p.m.—there was no one in charge—I returned at about 8.30—I tried to enter by the front door, but could not do so—there were marks on the door as though it had been forced—I called a neighbour, who got over the paling, and we went round to the back door, which was wide open—I had left it shut—I went inside my house, looked at the front door, and saw that the bottom bolt was shot—I wont up into my bedroom on the first floor front, and found the drawers all open and disarranged—I missed £1 12s. from a small workbox which I had left locked, but which had been forced open, also a small old fashioned ring and a little gold brooch (Produced) from a little jewel case in a small drawer in the dressing case—I missed also a pearl necklace with a pendant in the shape of an anchor, in brilliants, and a gentleman's pearl stud—the brooch was broken before I lost it.
ERNEST HAIGH (Detective Sergeant.) I am stationed at Peckham—on Friday, February 5th. about 2.30 p.m., I was at Goswell Road, opposite Seward Street—I had been going then; for some time, in consequence of information received and for a particular purpose—I was dressed as an ostler—another constable, named Parker, was with me—he was dressed roughly also—I saw the two prisoners and another man—we followed them to Half Moon Lane, Herne Hill—there I saw them loiter about the district for some time—afterwards I saw them looking at the houses in Home Dene Avenue from Half Moon Lane—it was then dusk—I had just previously met an officer who was stationed there, Sergeant Lee—he was dressed respectably in his own private clothes—I was on the opposite side of the road to the prisoners, under the shadow of a dark fence under a hoarding—Sergeant Leo went on, and after passing the prisoners a few yards 1 heard Nightingale say, "That is a split," which I took to mean a detective—they turned then to walk towards the railway station, and I deemed it wise to stop them—I crossed the road and shouted to the other officers—Parker seized Lye, and I seized Nightingale—I made a grab at the third man, who eluded mo and ran into the garden of a gentleman's house adjoining—I said to Nightingale, "I am a police officer; what are you loitering about here for? what have you about you?"—there was a little scuffle, but I managed to search him to see whether he had any housebreaking instruments—at that moment Sergeant Lee came back without the third man—producing this jemmy, he said, "Look what he has thrown at me"—I said to the prisoners, "I believe you are housebreakers, and shall take you to the station"—I took them on towards West Dulwich Police Station—there was an officer on each side of the two prisoners, and I was in the middle, holding the right wrist of one prisoner and the left of
the other—in Norwood Road, whore 1 he pavement is rather narrow, and we were walking close together, I saw Nightingale's left hand catch hold of a ring on the small finger of Lye's left hand and endeavour to draw it off—I seized it, and there was a scuffle; I told them unless they went quietly to the station I should use my truncheon—we got them to the station, and I charged them with being suspected persons found loitering—I searched Nightingale, and in a purse found this brooch with the Maltese cross in the front—I said, "How do you account for the possession of this?" and I asked Lye to account for the possession of the ring—he said, "That is my own property"—next morning they appeared at Lambeth Police Court on a charge of loitering, and Nightingale said to me there, "I bought the ring and the brooch yesterday morning for two shillings of a man named Dan at Colebrook Row"—I asked for further particulars about Dan—he did not give them—subsequently they were identified as the property of Mrs. Bicknell, stolen on February 4th—on the 13th I applied for their discharge on the charge of loitering, and took them to Forest Gate Police Court, and charged thorn with housebreaking—Lye, in answer to the charge, said, "What time do you say it was?"—I said. "I believe between eight and nine"—I know these men by sight, and have known them for about six weeks—I know the man by sight who got away also.
Cross-examined. I know a good many by sight—I say these men are burglars because I have seen them the constant associates of unconvicted thieves, have found them in possession of property recently stolen by housebreaking, and have found them loitering under such circumstances as give me no doubt they were out on a housebreaking expedition that afternoon—I do not pretend that I have found the two prisoners in possession of any housebreaking implements, but I consider there was constructive possession of the jemmy which the man who was with them threw away—the jemmy has been tried with the marks on the door of the house that was broken into, and from which the property was taken—it does not fit those marks, and I have not found any implement about these prisoners which does—both prisoners have given their correct addresses—Nightingale lived at 31, Northampton Square, Clerkcnwell, and has lived there twelve years—he is a man of perfectly respectable antecedents, except that he was once fined twelve years ago for telling fortunes, and was sentenced to three months' imprisonment—I have not been able to find any convictions against him since then—Lye's address is 10, Camden Street, Clerkenwell—I have been told his father is a licensed victualler, but have made no inquiries—he has been a barman, but I do not know that he was assisting his father until three months ago—I have made inquiries—the brooch was in the purse when I searched him—when he said, "I have had it for a long time" he was referring to the brooch, not to the purse in which the brooch was—the brooch was in an inner portion of the purse—the purse also contained £1 11s. 4 1/2 d. in money—I know Nightingale keeps premises leased for twenty-one years, and has tenants who pay him rent—I have none of the suspected persons here in whose company I have seen the prisoners—I know nothing as to the alue of the ring, and if it is put to me
that it would ho dear at 2s. it is not a thing I could offer an opinion upon—Colebrook Row is near Goswell Road—persons who have committed thefts often go about wearing articles of jewellery of small value which they cannot sell to a receiver.
ROBERT PARKER (Detective Sergeant.) I am stationed at Lewisham—I searched Lye at the police station—I found several articles, including this metal vesta box (Produced)—it has been identified by Mr. Miller, of Lee Hurst Terrace, Lcwisham.
JONATHAN WICKHAM (Police Inspector K.) I am stationed at Forest Gate—on Thursday, February 4th. at 11 p.m., I went to 22, Beecham Road, Forest Gate, and found an entry had been effected by forcing with an instrument—there were jemmy marks on the door, and the box of the lock was partly broken away, which allowed the door to be forced open—the marks are wider than would be made by the jemmy in Court—all I know about the vesta box is that when the prisoners were at West Ham Police Court I took the charge against Lye of stealing it with other articles from Lee Hurst Terrace, Lewisham.
SIDNEY JAMES MILLER . I am a carriage builder, of 32, Cressingham Road, Lewisham—on January 29th I was living at Tilling House Terrace, Lewisham—this match box is, I believe, one which my brother sent mo from Mombassa about two years ago—it is not a common kind—I had not missed it until the detective showed it to me, as I had not previously used it—my match box is gone, and to the best of my belief this is it, but I will not swear to it.
Cross-examined. I know Straker's shop on Ludgate Hill—I think it probable that such match boxes are to be purchased there for sixpence each.
HERBERT WILLIAM FORD . I live at 182, Lewisham Road, and am a relieving officer—this match box is exactly similar to one I have seen in the possession of Mr. Sidney Miller, and to the best of my belief it is the same.
Cross-examined. I do not know that such match boxes are sold in great quantities and at low prices in London.
Nightingale, in his defence on oath, said that he was a watch case maker, of 31, Northampton Square, Clerkenwell, and had been there twenty-one years; that he let a portion of these premises to tenants; that he had never associated with thieves to his knowledge; that he had known Lye ten or twelve years, and the man who was with them on the day of the arrest about ten days; that Lye was a dealer in second-hand clothes, and the other man had said he was in the employ of a dairy company at Herne Hill, which brought him into touch with milkmen who could introduce them to servants who would put them on to obtaining some of their masters' left of) clothes; that they went to Herne Hill accordingly, and went into the Half Moon public house, where, as the man who took them there said, the milkmen came to make up their accounts when they had finished their rounds; that they remained in there till 5.50, but no milkmen came, and they went up the road; that it was getting dark when the two detectives rushed across and took himself and Lye into charge; that he
knew nothing about the "jemmy"; and had never seen it until the police-man showed it to him; that the man who had carried it had an overcoat on, and had no doubt concealed it under that, besides which it was wrapped in paper, and was so still when the policeman brought it back; that there had been no loitering, no intention of housebreaking, and no attempt to run away on his part; that he denied all knowledge of the breaking or entering of the house, but had bought the brooch and ring for 2s. from a man named Dan, who he had dealt occasionally with for a number of years; that the slipping of the brooch into the lining of the purse was an accident, due to the lining being torn, and he had not placed it there for concealment; that the ring was on Lye's finger, as being of little value, he had given it to him as a present to his Missus; and that he did not attempt to get it off again.
The COURT considered that there was no evidence of housebreaking.
GUILTY on the Second Count. Three months' hard labour each.
MR. FITZGERALD Prosecuted.
EDWIN ROBERTS . I am a potato dealer, of 6, Stirling Road, Plaistow—on February 11th I had in my stable at Eastern Road, Plaistow, six steel springs and an axle—I missed them on the 12th, and gave information to the police on the 13th—I heard that they were in High Street, Stratford, and I went there to identify them, and saw them there—they are worth about 12s. to me.
Cross-examined by the prisoner. I do not say that you took the things out of my shed; only that I missed them, and that they were found at Stratford and traced to you.
JOHN FARNHAM . I am a general dealer of 224, High Street, Stratford—on February 12th somebody came to my shop—I am not sure whether it was the prisoner or not—he said, "I have got some old iron, governor"—I said, "Very well, does it belong to you?"—he said, "Yes"—I said, "Fetch it in"—he did so; I weighed it, and paid him 1s. 9d.
Cross-examined. You did bring the stuff to sell at my shop.
By the COURT. That is the man; I swear to him.
JOHN MAY (754 K.) I am stationed at Plaistow—from information I received I went to High Street, Stratford, on February 15th—Edwin Roberts was with me—I found the springs and the axle as described by the prosecutor, in a box just inside the shop—I said to the shopkeeper, "When did those springs come here?"—he said, "Last Friday; I bought them for 1s. 9d. from a man"—I said, "Can you describe him?" and he described the prisoner—on February 19th I arrested the prisoner at Emily Street, Canning Town—I said, "I shall arrest you for stealing springs from Eastern Road, Plaistow"—he said, "Yes, that is right, I had them; who put me away?"—on the way to the station he said, "I sold them for 1s. 9d; Adams was with me and had a bit"—further on he said, "I took the barrow there with Adams, but he did not go with me when I stole them—at the station he said, "I suppose there will be
another charge about the harrow?"—ho was then charged, and made no reply.
The prisoner's statement before the Magistrate: "I wish to be tried by a Jury."
Prisoner's defence: The. constable's story of what I said is not true, I did not take the iron.
GUILTY . Two previous convictions were proved against him and it was stated that he was the leader of a gang of young thieves. Six months' hard labour.
Before Mr. Recorder.
OLIVER PLEADED GUILTY .
MR. ABINGER Prosecuted.
WALTER YOUNGER . I am a provision merchant, of 3 and 5, The Broad-way, Stratford—I have known Oliver since he was a boy—he has been in my employment about live months—I have missed goods from my premises for the last two or three years, more particularly latterly—I called in the police, and they kept observation—on February 19th I received a communication from the police and went to the West Ham Police Station, and there saw three boxes of butter and about 12 lbs. of bacon, which I identified—I recognised the butter by the mark on it and the bacon by the brand on the rind—the value of the goods was £3 1s., 5d.
GEORGE SCRIMSHAW (Detective Sergeant K.) I received instructions, and with Detective Marshall kept observation about 6.15 a.m. of February 19th, at the rear of 3 and 5, The Broadway—about 8.15 I saw Oliver go from the rear of the stables to the window of 3, Burton's Court, which abuts on the prosecutor's yard—he gave a loud cough, and immediately Jones opened the window—he stepped back and then forward, and I saw that he had two boxes of butter in front of him—he put them in the window, and Jones received them from him—he stepped back and she evidently went a yard or two from the window, then came back and closed the window almost to—Oliver went away for a few seconds and then returned—Jones appeared to be looking through the glass, waiting for him—he got near the window, she opened it, and he immediately handed her another box of butter—I immediately ran round and told Oliver I was a police officer, and should arrest him for stealing a quantity of boxes of butter which I had seen him take to the woman Jones and hand in at the window—he said. "I am very sorry. Sir; the woman has led me away; I am very sorry for what I have done"—I handed him over to a uniform constable and immediately ran back to the window—Detective Marshall ran to the front of the house—I got through the wiudow—we searched the front room and found the three boxes of butter and about 12 1/2 lbs. of bacon and about 1 1/2 lbs. of loose butter—we took Jones to the station.
The prisoner Jones. "Oliver gave me the box for him to call at night; I had no money."
JOHN MARSHALL (Detective Sergeant K.) On February 19th I kept observation Sergeant with Scrimshaw on the premises at Stratford—I saw Oliver come to the back of No. 3, Burton's Court, which is at the back of the prosecutor's premises—he gave a loud cough and stood outside No. 3—Jones opened the window, looked out. up and down the yard, and placed this piece of paper under the window to keep it slightly open—a little while after Oliver handed in two boxes of butter, and afterwards another box—I assisted Sergeant Scrimshaw to arrest Oliver and then went to 3, Burton's Court—I did not see any bacon handed in that morning—I saw Jones at 3, Burton's Court and said to her, "I am a police officer; you have just had some boxes of butter from a man in Younger's yard"—she said, "No, Sir"—I said, "I saw you take them from him; where are they?"—she said, "In the front room"—I went with Sergeant Scrim-shaw into the front room and saw on a chair at the side of the window two boxes of butter, and on the other side of the window one box of butter, concealed by curtains, also some bacon and loose butter, and some window blind stuff—Jones said, "The red faced man gave it to me; that is all I had to-day; I give them a little for it, and they call round"—I took her to the police station—I searched the upper part of her house, but found nothing—she has no shop.
Jones' statement before the Magistrate: "I plead not guilty; I call no witnesses here, and reserve my defence."
Jones' defence: I never offered to pay for them; I never had no money; no money; no money was in the house; he merely brought them to be called for at night. I am innocent."
JONES GUILTY . Twenty-two months' hard labour.—OLIVER received a good character . Fifteen months' hard labour.
281. SAMUEL JOHN NEVE (18) and BENJAMIN PORTER (32) , Stealing fifteen brass taps, the property of Young and Marten, Limited, their masters. Second count, Feloniously receiving the same. NEVE Pleaded Guiltyto the Second count.
MR. HUTTON Prosecuted.
CHARLES TOBUDD (Police Sergeant.) About 5 p.m. on February 5th I was with Sergeant Fox on duty in Tenbury Road—I there saw Neve—he appeared to be bulky—I followed him as far as Stratford Church—I then took him to the police station, where ho produced six taps from his ovcrocat pocket—I found on a piece of paper Young & Marten's name—I made inquiries of them—I came back and charged Neve.
PETER MURPHY . I live at Grove Crescent Road, and am a foreman in Young & Marten's employ at Maryland Point—they are builders' merchants—Porter was in charge of our rail department, and Neve was his labourer—Neve was engaged by me on December 28th, upon Porter's introduction—Porter received 26s. a week—there is an office where loose taps are kept, to which Porter had access—these taps are kept attached to stoves—my attention being called to this, I went to the warehouse and examined the stoves, and found ten taps missing—I was called to the police station on February 5th, about 5 p.m., and there saw Sergeant Tobudd and
Neve—I went to the Solway Arms about 8 p.m. with the officers in consequence of a statement by Neve, and there saw Porter, and I told him that two gentlemen wanted him—he was taken to the police station and charged with stealing these things—the following day I searched Porter's office and found three taps there on a cross beam which runs overhead—I had to search for them—taps were not kept in that office—I also found there a gate lock.
By the COURT. Neve had not access to the office where the taps were kept, but Porter had.
SAMUEL JOHN NEVE (The prisoner.) I was engaged on December 28th by Young & Marten's as labourer under Porter, who introduced me to Mr. Murphy—I was stopped on February 5th by Sergeant Tobud—these taps were found upon me—they were given to me by Porter to sell—he did not say where—I was to take the money back to him—I was to meet him in the Sohway Arms, Angel Lane, Stratford, at 8.30 the same night—I was placed in a cell at West Ham with Porter—he said to me two hours after being placed there, "You are not going to put me away, are you, Sam?"—I made no reply—he then said, "It won't make it no better for you; turn round and say you took them yourself, and I will give you a couple of quid when you come out"—I made a written statement to the police—I have taken taps away once before—I did not know it was wrong the first time—on the first occasion he told me my money was smaller than it ought to be, and he would be able to make it a bit bigger—I got 3s. for the first lot of taps, and gave Porter 1s. 6d.—that was about ten days before February 5th—I received 12s. 4d. in wages.
FREDERICK FOX (Police Sergeant.) I am stationed at Stoke Newington—I was with Sergeant Tobudd when Neve was arrested—I went the same day about 8 p.m. to the Solway Arms, and there saw Porter—I told him I was a police officer, and that in consequence of a statement made by Neve, who was in custody, implicating him in stealing a number of brass taps, I should arrest him—he said. "Very well, I will come with you"—he was taken to the station—Neve made this statement: "I had the brass taps given to me this evening by Mr. Porter as I was leaving the yard this evening; he told me to sell them and take him back the money. He asked me to meet him at the Solway Arms, Angel Lane, at 8.30 p.m. to-night. Mr. Porter works with me in the yard"—that was read to Porter; he made no reply—afterwards Neve made another statement—I went to Porter's office at the works, and found these three taps on a beam—I had to make a slight search for them—I told Porter I had found them—he said. "I know nothing about those two, only this one," picking one out.
ALFRED JINKS . I live at 17, Bristol Road, West Ham, and am a night watchman at Young & Marten's—on February 5th, at 6.30 a.m., Porter came to me, as he required a lock—he wanted the keys of the warehouse—I gave him the keys—he went away and came back with
the lock and returned the keys to me—this lock is similar to it (Produced)—the lock was kept in a place near the office where the loose taps are kept—he would have access to that office.
By the JURY. Porter was wearing an ordinary jacket and a canvas apron when he came to me for the key.
PETER MURPHY (Re-examined.) This lock was found on the top of some gates by the side of the desk—it should have been fixed on to the gate—I have not known any of the men go for the purpose of getting a lock like that and then keeping it in the office.
By the COURT. I never knew anything about the first lot of taps being missed—I do not think any of them have been recovered—when Neve was found with the taps I made an examination of our taps, and only missed them then.
Porter's statement before the Magistrate: 'I do not think it is quite right that in the passage of the Court the detectives encouraged Neve to give evidence against me and to go in the witness box. They said they would look after him. They also promised to say no more about something; I cannot say what."
FREDERICK FOX (Re-examined.) It is not true that I encouraged Neve to make a statement, and held out a promise of assistance if he did so—he wanted to speak to me, and I told him I could hold out no promise, and that anything that was said might be used—he then handed me, his statement written out in Brixton Prison.
Porter produced a written defence, stating that the accusation against him was absurd and cruel, as if he had wanted to steal taps he could have done so without bringing in another; and that it was a concocted affair.
PETER MURPHY (Re-examined). Porter has been under me two years, he was with the firm prior to my being there—he has been there three years—he was in a responsible position—I have had no reason to find fault with him—we had no character with Neve.
S. J. NEVE (Re-examined). I had not known Porter long before he recommended me to the prosecutors—I do not know whether my brother recommended me to Porter—I cannot tell you whether Porter knew that I had served two sentences for receiving stolen property, but I told him after I had been there a little while.
PETER MURPHY (Re-examined.) Porter and Neve were the only two in the office where the taps were found on the beam—anybody who likes can go in; it is quite an open place—there were nine clerks in the place where the eleven taps were stolen—any one of the nine could have taken them.
The RECORDER informed the Jury that for centuries Juries had refused to act on the uncorroborated evidence of an accomplice.
PORTER. NOT GUILTY .
NEVE then PLEADED GUILTY to a conviction of felony at Clerkenwell on August 11th, 1903, and another conviction was proved against him. Three months' hard labour.
Before J. A. Rentoul. Esq., K.C.
MR. O'CONNOR Prosecuted.
ANN PEART . I am the wife of David Peart—I live at 62, Selborne Road, Tottenham—on November 3rd, 1883, I was present at the Registrar's office at Islington when the prisoner was married to Elizabeth Martin—I signed the book as a witness.
ALFRED COLLINS (Detective Officer.) I produce the marriage certificate of the prisoner with Elizabeth Martin, dated November 3rd, 1883, also the certificate of his marriage with Jessie Greenwell on October 5th, 1903—I have compared them with the record at Somerset House, and find them to be true copies—I arrested the prisoner on February 18th—I told him I should take him into custody for feloniously marrying Jessie Greenwell on October 5th, his lawful wife being then alive—he said, "It is quite right. I thought I was entitled to marry again after being separated from my wife. I know I have done wrong. I am very sorry; my wife has been a bad woman to me"—he was taken to the station and charged, and made no reply.
JESSIE GREENWELL . I live at Park side, Belper, Derbyshire—on October 5th, 1903, I went through a form of marriage with the prisoner at the registry office at Belper—I lived with him as his wife up to the time he was arrested—I knew him for about four months before I married him—he represented himself as a single man—during the time I was married to him he treated me as a good and kind husband (A written statement and some letters from the witness to the prisoner were here handed to the Court.)
By the COURT. I did not know he was a married man living apart from his wife when I married him—he never told me one word about it—I never saw him burn the separation order—the letters I have written since he has been in prison have been about my child, as yet unborn.
GUILTY . Three months in the second division.
Before Mr. Justice Darling.
MR. RANDOLPH Prosecuted; and MR. JENKINS Defended.
ANNIE MORTIMER . I am the prisoner's wife—he is a labourer—I do laundry work—we lived at 25, Sid mouth Avenue—on January 18th I came home about 10.30 p.m.—my husband came home about 11.30—we have one bed-sitting room—he sat in the arm chair by the side of the fireplace; I sat opposite—I cannot say that he was drunk, he had had some drink—we sat silent for ten minutes or a quarter of an hour—he suddenly sprang up, pulled me to the floor with one hand, and with the poker in the
other struck me twice—I got up on my feet—he struck me five times on the head whilst I was at the side of the bed—I shouted "Murder!"—Mrs. Pearce came in and her husband—they live in the same house—I went into the back yard—my forehead bled—I felt a slight burning on my arm, but did not take notice of it—I fetched a constable—my husband was in the bed-sitting room, and I saw that he had his throat cut—we were taken to the hospital—I felt burning in my face and arms—my clothes were wet—I had seen this bottle—there was no sulphuric acid in our room—my face is still marked—I was treated by Dr. Davidson.
Cross-examined. We have been married nineteen years—we have quarrelled all that time—Mr. Gridley is a labourer—he has lived in the same house—he is my husband's friend—my husband has accused me of immorality with him, but it is false—it was a cause of quarrel within the last few years—it was a cause of quarrel ten years ago—Gridley lives in the same town, and I might have met him—I have not been about with him—the last time I saw him was two or three months ago—I have spoken to him and drank with him—I did not tell my husband that—he has not complained about it—he has accused me of it very often, purposely to make a row—Gridley was convicted of stabbing me—he got ten years—he was jealous of me in connection with my husband—I swear there has never been any immorality between Gridley and myself—on the night my husband assaulted me he sat ten to fifteen minutes at the fire smoking—he suddenly sprang up, took the poker, and began hitting me with it—he. has jumped up and taken me by the throat at other times in a sudden manner—it was common for him to do that without any quarrel—I have never charged him—I have called the police—I did not taunt him about other men—his statement was that he was helplessly drunk—I was on the bed—he so often came in like that that I never spoke unless he spoke—my youngest child is six months old; the first child after seven years—I did not say to him that it was not his child; he has often told me I have had none by him—I have one, eighteen—my husband has not been worried, nor appeared ill—I have seen him with a white bottle—he has not threatened to take poison, nor that he would cut his throat—there was nothing in the bottle—I asked him why he was carrying it about, but he would not answer me.
Re-examined. I have not seen Gridley for some time—there is no ground for the suggestion that we were on improper terms—this is not the first time my husband has used violence towards me—I have worked in a laundry always.
ANNIE PEARCE . I am married to John Pearce, a labourer—I am the daughter of the prisoner and Mrs. Mortimer, and live in the same house—on January 18th mother came home about 10.30 p.m.—father had been in, but had gone out—he came back about 11.30—after I had gone to my room I heard screams—I went into the room where mother was—I found father striking mother with the poker—she was on the floor by the fender—he hit her three or four times on the head—he was pouring some stuff on to her body from a bottle in one hand, and he had a poker in the other—my husband came in, an we separated them—we got them into the
kitchen—father rushed to the shelf and got a razor, went into the other room again, stood in front of the bed, and cut his throat—my mother's head was bleeding—the police came—father and mother were taken to the hospital.
Cross-examined. I have not heard them quarrel—they have had a few words—father was always threatening to do something to her—he has accused her of being with another man, Mr. Gridley—I have seen mother in conversation with Mr. Gridley in the New Road.
JAMES JELLY DAVIDSON . I am house surgeon at the Richmond Hospital—about 1.30 a.m., January 19th, the prisoner and his wife were brought there—on examining the wife I found seven small scalp wounds on various parts of her head, and burns on both arms, the left shoulder, and face—the wounds were probably caused by some blunt instrument like this poker, and the burns by some corrosive fluid—I noticed some fluid on her under clothing—she was in the hospital six days—this empty bottle was shown to me—from the appearance of the cork I should say it had contained corrosive fluid—the prisoner had a wound in his throat, which could have been caused by a razor.
Cross-examined. The prisoner was thin and emaciated—quite possibly he had been worried—he seemed excited and worried when he came in—he was in custody—the wound was not dangerous to life—he gave me the idea that he had been worried for a considerable time.
JAMES NEWLOVE (Police Sergeant, V 80.) I am stationed at Richmond—I went to 25, Sidmouth Avenue on January 18th. just before midnight—I saw Mrs. Mortimer sitting in a chair bleeding from wounds on her head—in the prisoner's presence I said to her, "What is the matter with you?"—she said "My husband has knocked me about with the poker, and my arms and shoulder are burnt"—I said, "Mortimer, do you hear that?"—he said. "I wish I had taken your advice this evening, Sergeant"—her head was bandaged, and they were taken to the hospital—I said to the prisoner, "You will be token to the hospital, and when you recover you will be charged with attempted murder of your wife, and further, with attempting to commit suicide—he said, "I am sorry"—I took possession of the poker and razor—I had seen the prisoner about 9.30 that evening, when he complained about his wife being out with another man—his words were: "I am looking for my wife: she is out with a man named Gridley; do you know Gridley?"—I said, "It all depends upon who you mean"—he said, "The man who got ten years for attempting to murder her; he is now on ticket of leave and since he has been out of prison he has been going out with my wife"—I said, "Take my advice; if that is all she thinks of you don't you go and do anything serious to get into trouble; I should leave her altogether"—he said he would do so—he was quite sober—he was sober when I saw him later but he was suffering from a wound—I produce the poker and razor—they were besmeared with wet blood and lying on a chest of drawers in the room—I saw some burnt bed clothing—I said to the wife, "Your burns appear to have been caused by vitriol"—the prisoner did not say anything—after they were taken to the hospital I
found near the fireplace this broken bottle—when the prisoner was discharged from the hospital I arrested him—when charged he made no reply.
Cross-examined. The prisoner was a stranger—he seemed very much worried and upset about his wife—I had not seen her before—I know nothing about Gridley.
The prisoner, in his defence on oath, said that his wife had gone to live with Gridley, and at her request he said that he would take her back if she had nothing to do with Gridley, who had met her and stabbed her, for which he was sentenced to ten years' penal servitude, but that on being let out on ticket of leave she went with him again and came home drunk, having spent his earnings, and taunted him so that he did not know what he was doing; that he bought some acid at a chemist's at Barnes, saying he wanted to clean some things with it, but really intending to take it himself, but his wife knocked the bottle out of his hand, and that was how they both, his wife and himself, were burnt; that he had constant employment as a labourer, and had never been charged with any offence.
ANNIE MORTIMER (Re-examined). It is two months since I spoke to Gridley—I had not seen him on the day I was assaulted—I came home at 10.30 p.m.—I had been up the Lane and up Arrarat Hill—I did not do anything there—I went to collect money for work I had done—it is usual for me to do that—Gridley knew me more than ten years ago—I lived in Twickenham—I left my husband twice—I did not live with another man—I had been to Twickenham with a friend of mine—I went away from my husband because he ill-used me—I had to work very hard, and could not put up with him—I did not go away for three months with Gridley—I have lived in the same house with him at Twickenham—he had been sleeping out in the park, and this person took him in—she was not a relation; it was because I asked her—Gridley was a friend of my husband, who was always with him—he is a labourer—I was away from my husband over a month, I think—I did not ask him to take me back—I met him in Richmond, and stayed two nights—Gridley stabbed me when I was going home to see the child on the following Monday—I met him in the street, and he said. "I have heard you have been with your husband?"—I said, "Who has more right with him than me?" and he pulled a knife out and struck me in front of a constable—before that I had walked about with him—he did not make love to me—he told me he was fond of me—I cannot tell you what I said: it is too long ago—he had never had connection with me in my life; I swear that—(Mr. Justice Darling here sent to the library for Gridley's trials (see Sessions Paper, January, 1895, Vol. cxxi., p. 240), where the witness then stated: "I lived at 3, Chestnut Grove, Twickenham. I have been living with the prisoner as his wife for some time past."—(The witness was then cautioned that if she stated what was not true she would be prosecuted for perjury.)—I do not think I said those words—I said I had been living there—I will not swear I did not say that—we were living in the same house in the day—he called me "Annie" because he and my husband had been mates together—I had not been living with Gridley as his wife—I will not swear that.
MR. JUSTICE DARLING, in his summing up, commenting on the prosecutrix's evidence, commended the practice at this Court of having shorthand notes in all cases taken, printed, and preserved in the library ready for reference, as these Sessions Papers were of great public utility, and what had happened to-day here could not have happened, in any other Court in the kingdom.
GUILTY on the Second count under great provocation. Three months' hard labour.
Before Mr. Common Serjeant.
MR. MORICE Prosecuted.
MAUD CASTLE . I live with my mother in Melbourne Grove, East Dulwich—we are drapers—at 11.30 a.m. on February 3rd the prisoner came in and wanted a handkerchief—I gave him a 4 1/2 d. one, and he gave me this half crown (Produced)—I gave him two separate shillings and 1 1/2 d. in bronze—I said that the coin seemed rather bright—he said that he had been shining it up in the hospital—after he had gone I found that it was bad, and informed the police.
Cross-examined by the prisoner. I did not put it into the till—I never put money into the till until after a customer has gone—when I gave you the change you said that you would want to buy some socks on Saturday—you were in the shop about two minutes—you said that it had been in your pocket in the infirmary and got bright.
By the COURT. I have never taken bad money from anybody before.
EMMELINE ROAST . I live at Lordship Lane, East Dulwich, and am a draper—on February 3rd at noon the prisoner came in and asked for a collar—I gave him one and charged him 4 1/2 d.—he tendered me a half crown, and I gave him 2s. 1 1/2 d. change—after he had gone I did not think it was a good one, and I gave it to the police—Miss Castle's shop is about twenty minutes' walk from mine.
MABEL HOLDING . I am a clerk in the post office at Anerley Road, Upper Norwood—the prisoner came in about 3.45 p.m. on February 3rd and asked for 3s. worth of stamps, for which he tendered a half crown and six pennies—I gave him the stamps—I moved it along the counter and saw that it was bad—he had just got outside, and I shouted, "Here!"—he was going away rather quickly—I gave the coin to the postmaster, who followed him—I do not know how far Lordship Lane is from the post office—I have not been there long.
DAVID PORTER . I am the postmaster at Anerley Road Post Office, Upper Norwood—on February 3rd at 3.4") p.m. Mabel Holding handed to the clerk a half crown, and he handed it to me (Produced)— I had noticed the prisoner come in, and I was rather suspicious of him—he wont away very quickly—I had a communication from Miss Holding,
and went outside and got a constable—we both went after him and caught him up—I said, "You have passed this 2s. 6d. with some coppers for stamps"—he made no reply—I said, "Give me the stamps," and he unbuttoned his coat and gave them to me—the policeman took him to the station, and I went up and charged him.
By the COURT. I did not get the coin from Miss Holding, the clerk handed it to me—the prisoner had got about 100 yards away before he was stopped.
Cross-examined. You said nothing to me—you may have said to the policeman, "Do not lock me up; I work very hard for my living."
WILLIAM SILLIS (38 P.R.) About 3.50 p.m. I was on duty at Anerley Road—in consequence of what Mr. David Porter told me I went to Lederington Road, and there saw the prisoner, who was hurrying away—I got up to him first, and held him till Mr. Porter arrived, who said to him, "Where are the stamps?" and showed him this half crown—he produced the stamps from his pocket—I said, "Do you know this is a bad 2s. 6d.?"—he said, "No, I do not; I am very sorry if it is; I have got no more with me. I bought the stamps to put in a letter. I have been out of work for six weeks, and what am I to do?"—I searched him at once, and found 2 1/2 d. on him—I took him to the station, and on being charged he said, "That 2s. 6d. was given to me by a lady when buying a bunch of violets at Lordship Lane last evening."
PHILLIP WILLIS (Detective Sergeant.) On February 10th I saw the prisoner at Penge Petty Sessions—I said to him, "Have you a pocket handkerchief?"—he said, "Yes," and produced this handkerchief (Produced) from his pocket—it has been identified—I said, "You bought this in Melbourne Grove, Dulwich, yesterday, and it was paid for with a counterfeit half crown"—he said, "Yes, I bought it in Melbourne Grove, but I paid the young woman for it with a two shilling piece, not a half crown—on February 10th I read the charge over to him, to which he made no answer.
The prisoner, in his defence, said that he did not know that the coins. were bad; that it was a florin with which he bought the handkerchief, and not a half crown; that he had obtained one of the half crowns from a lady who had bought a bunch of primroses from him in Lordship Lane; and that he did not know where he got the other half crown.
GUILTY . Several convictions were proved against him. Eighteen month' hard labour.
ADJOURNED TO MONDAY, MARCH 21ST, 1904.