17th March 1884
Reference Numbert18840317-452
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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452. HENRY DAY (21) and JOSEPH MERRITT (27) , Stealing a mare, a van, four cases of eggs, and other articles, the property of Richard Matthews.

MR. PARKYNS Prosecuted

WILLIAM HENRY SHOULT . I am clerk to Mr. Matthews, an egg and butter importer—on 5th February at 9.30 p.m. I went into a public-house, leaving my Tan outside, which contained several cases and butter, value 30l. 12s.—I left no one in charge—I came out in a quarter of an hour and it was gone—I saw the van and horse next morning at my master's place and three of the cases of eggs.

EDWARD FORD . I am salesman to Mr. Matthews—on 5th February I was out with Should with the van and four cases of eggs—we went into a public-house, and when we came out the van was gone—I saw the van and horse at midnight.

ELIZA SALTER . My husband keeps a chandler's shop—on 5th February the dark prisoner (Day) came and asked me to buy some eggs—I said I did not want any—he said his big brother was in the van—I saw the horse at it was opposite the door, but I did not notice the van.

Cross-examined by Day. It was in the evening—I picked you out from a group of men at the station—I did not pick out another person, I knew you as soon as I saw you.

WILLIAM CLARKE (Policeman R 177). On 5th February at midnight I was on duty in the Old Kent Road and saw a horse and van containing three cases of eggs standing in the street unattended—several broken eggs were lying on the ground near the off front wheel; it was two or three minutes' drive from the Coburn Arms—I took it to Mr. Matthews, and it was identified.

CHARLES EAST . I am a carman, of 1, Bateman's Row, Shoroditch—on Monday, 4th February, I let out a van to a man, I don't know his name—I let it out again on Wednesday, and the man came in the evening to see if it had returned.

WILLIAM QUIN (Detective H). On 6th February at 3 o'clock I was in East Street, Stepney, and saw the prisoners come into the street with Mr. East's van—Merritt was driving, and Day was lying at the bottom of the van—they pulled up outside No. 27—Day got down, let down the tailboard, and took one case into No. 27—I went in and met Day coming down the staircase—he said, "What is up?"—I told him I was a police-officer—he said, "God blind me, I won't be taken"—I told him I should want an explanation about the case—he told me to go and * *—I took hold of him—he became very violent, we struggled in the passage—Newnham came to my assistance and caught hold of the prisoner, who immediately seized his hand and bit it—I took hold of him by the throat to make him leave go, and he kicked the inspector behind—we got him out into the road, and he was so violent we had to throw him on the ground and kneel on him till assistance came—in the front room upstairs we found a box of eggs, which has been identified as belonging to Mr. Matthews, and part of a broken case and 12 eggs—his wife was living in the room—I told the prisoners what they were charged with—Day said that he bought them in Leadenhall Market of a man he did not know, and he had no receipt—he had some money on him—he made no reply to the charge—Merritt said he knew nothing

about it, he met Day in Backchurch Lane and asked him to have a ride—Day told Merritt to shut his mouth, as he did not know what he was talking about.

HENRY PAYNE (Detective H). I was with Quin, and saw the prisoners drive down East Street—Day took a case of eggs into No. 27—I went towards the van, where Merritt was shifting another case—he said, "What is up?"—I said, "I don't know"—he jumped off and ran up East Street—he fell over a grating, and I fell over him—I took him back to the van, and said I should charge him with the other man with unlawful possession—he became violent, and struggled and threatened to do for me—I had to threaten several times to knock him down—I got a postman to assist me, and took him to the station—I went back afterwards and took the van to the station—I found another case in it and 16 loose eggs in a handkerchief—the cases have been identified, the horse and van belong to Mr. East.

MATTHEW NEWNHAM (Police Inspector, Great Eastern Railway). I was with Payne, and assisted to take Day—he was very violent and struggling with Sergeant Gill on the staircase—I got hold of him with my right hand by his left shoulder—he said, "Let go of me," and then got his heel on me and kicked me—I had seen the prisoners together that morning and several days before.

Cross-examined by Day. I did not shove my fingers into your mouth—I knew what you were; I have known you for years at Bishopsgate Station, and I knew who I had to deal with when I collared you.

Day's Defence. I bought two and a half cases of eggs in Leadenhall Market for 30s. each, and the man lent me the van; I don't know his address; he was to meet me in Smithfield Market by the water-trough. I saw Merritt and asked him to come for a ride.

Merritt's Defence. My wife and my brother can prove that I was with them till 9.30 that night. I never saw Day till next morning, when he had a van and some boxes of eggs, and asked me to have a ride with him.


MERRITT then PLEADED GUILTY to a conviction at Worship Street in July, 1883.— Eighteen Months' Hard Labour each.

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