1st March 1869
Reference Numbert18690301-347
VerdictGuilty > unknown; Guilty > unknown; Not Guilty > unknown
SentenceImprisonment; Imprisonment

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347. DANIEL KELLY (37), MICHAEL COSTELLO, alias kelly , (16), and JOHN KELLY (31) , Stealing 400 brushes, and other goods, of John Greenwood and another, the masters of Daniel Kelly.

MR. F. H. LEWIS. conducted the Prosecution; and MR. COOPER. the Defence.

THOMAS BALDWIN . (City Policeman 655). About 7 o'clock on the evening of 19th February, I was in Cannon Street, and met Daniel Kelly carrying a Back, and Costello carrying two—I followed them to the cab rank opposite Red Lion Court, where they put the sacks on a cab—I told Daniel Kelly I was a police-officer, and asked what he had in the sacks—he said, "Brushes"—I asked him where he got them—he said he bought them somewhere in the City, he did not know where—I said his tale was unsatisfactory, and I should take him to the station—we drove there in the cab, and I found in the sacks nearly 400 brushes, four pairs of gloves, five sponges, three drinking flasks, and four wooden salad forks and spoons—Kelly said that he had paid 3l. 10s. for them—from the marks on the brushes, I went to Messrs. Taylor & Black's, 107, Cannon Street, and found the door ajar—I watched the place, with another constable, and saw John Kelly come out at about 9.45—I followed him as far as Bow Lane, stopped him, and told him I was a police-officer, and had seen him leave No. 107 rather late, and asked him to give an account of it—he said that he was in possession—we said that his tale was unsatisfactory, and we should take him to the station—we told him that Daniel Kelly and Costello had been stopped—he said, "If it is those sacks, I have sent them to Mr. Eiloart's, in Chancery Lane, to be sampled off"—I charged him with stealing the goods—he gave his address 267, High Holborn—I found that to be an untenanted house—Costello said that he was hired in Cannon Street to carry the sacks, and that he never saw Kelly before.

Cress-examined. Q. Were the marks on the brushes or labels, or stamped in? A. On gum-labels, which were on a good many of them—I am quite sure he used the word "sample"—these others are plasterer's brushes, there are twenty-eight of them—the others are clothes, nail, and tooth brushes—the direction he gave was an empty house, but he was in charge of it, therefore he gave his right address.

DANIEL HALSE . (City Policeman 607). I went with Baldwin to the prisoner's house—his wife pointed out a box to me, in which I found two scrubbing brushes, a black-lead brush, a new hair brush and comb, and a nail brush—one brush appeared new, and the others as if they had been dipped in water—there was no name on them—I afterwards went to 10, Plough Court, Fetter Lane, the address given by Daniel Kelly, and in a box there I found two new hair brushes, a drinking flask, two clothes brushes, and two hand looking-glasses, all new—there were no names on them, but they were ticketed with the price.

Cross-examined. Q. Was John Kelly's box locked? A. No—his wife said that the brushes and combs belonged to her, but the other things she knew nothing about.

SIDNEY KING . I am foreman to Taylor & Black, 111, Cannon Street, brush manufacturers—they are bankrupt—some of these brushes are their manufacture, and others are such as they kept in stock at the time of their bankruptcy—they would not have our labels on them, but we label them if we send them out.

Cross-examined. Q. Might not the person who supplied you, supply other firms as well?. Certainly—we generally buy of the same firms—wholesale manufacturers do not supply retail traders, but wholesale houses—we take stock once a year, and did so seven or eight weeks ago—the bankruptcy was three or four weeks ago.

FREDERICK WARMAN . I am clerk to—& Eiloart, of Chancery Lane—John Kelly was in their employment, and that of another auctioneer, about thirteen years—I had made an arrangement with him to catalogue the goods of Taylor & Black on 20th February, on the premises, 107, Cannon Street—he was the man in possession, but he was to get the goods ready to lot.

Cross-examined. Q. Was he to make the best use of his time to lot the goods for another? A. Yes—I did not care how he did it if everything was right—he was employed in other matters during the day, and could only attend to this of an evening, and therefore only had a short time to lot the goods—the great thing to do was to make the most of them—if there were forty brushes, and I thought they would fetch more in small lots, I should make six, seven, or eight lots of them—it is three years since I knew him—he has had thousands of pounds' worth of property, of all kinds, in his possession, and was always found honest—he had between 2000l. and 3000l. worth of plate on one occasion—I know nothing of Costello.

EDWARD KNIGHT . (City Police Inspector). Daniel Kelly and Costello were brought to Bow Lane in custody—I asked them what account they gave of the brushes, Daniel Kelly said that he purchased them of a man in the City—I asked where—he said at the end of Cannon Street, by Bishopegate—I asked him if he could give me the man's name—he said that he did not know it—I asked him how much he gave for them—he said, "3l. 10s."—I asked him if he could tell us the number of brushes the sack contained—he said that he could not—I asked if he could give me the number of any one sort of brush that was there—he said, "No"—Costello heard this, and said that he was only hired to carry the goods, and knew nothing of Kelly—when John Kelly was brought in, he said that he was in charge of a bankrupt's premises—I said, "Before you answer, it is only fair to tell you that two men are detained here for bringing things from that place"—he said, "All right, it is my brother, and his brother, who I have sent to sample the goods; I have told them to take them to the warehouse in Chancery Lane; he was to take them to my house."

FERDINAND EILOART . I was the auctioneer employed in the sale of the bankrupt's assets, the value of which I was told was about 300l., and the value of the property removed about 40l.—my chambers are closed between 5 and 5.30—I should think Kelly must have known that they were closed at that time—I am a surveyor—property of this kind would not be removed from the premises to be sampled, and if it had been, there would not have been twenty or thirty of the same kind—he had no authority to remove it from the warehouse.

Cross-examined. Q. Were you in partnership with Mr. Hammond once? A. Yes, and Kelly was then in my employment for twelve years—I had the highest confidence in him—I do not think he ever did anything wrong—he had some thousands of pounds in his charge, under my supervision—I trusted him with all the keys.

DANIEL KELLY— GUILTY .— Eighteen Months' Imprisonment.

JOHN KELLY— GUILTY .— He received a good charaeter—Recommended to mercy by the Jury—Nine Months' Imprisonment.

COSTELLO— NOT GUILTY , and the Jury expressed their belief in his actual innocence.

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