20th October 1884
Reference Numbert18841020-1038
VerdictGuilty > unknown
SentenceImprisonment > hard labour; Imprisonment > hard labour

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1038. GEORGE HAMPDEN WHALLEY (33) and THOMAS HERBERT (19) , Stealing, on the 19th of June, divers goods, value 200l., of Mary Gamble, in her dwelling-house.

MESSRS. POLAND and HORACE AVORY Prosecuted; MR. GRAIN appeared for Whalley, and MR. FILLAN for Herbert.

ALEXANDER WAY . I am a clerk in the service of Bear and Co., auctioneers and estate agents—they were entrusted by Mrs. Gamble with the letting of her house—on the 18th of April last the defendant Mr. Whalley came to our office and executed this agreement for taking the house at a rental of three guineas a week, payable 12 weeks in advance, amounting to 44l. 2s.—he signed this agreement in my presence—he was asked for cash—he gave this bill (produced) for the 44l. 2s., drawn by himself and accepted by Cavalierro and Co.—it is payable at sight—it went through our bank and was returned dishonoured.

HENRY BRIANT . I am clerk to Bear and Co.—on 17th and 18th April last I was employed by them to make out an inventory of the goods and effects at 26, Coleherne Road, South Kensington—this is it (produced)—I saw Mr. Whalley the day he signed the agreement—I saw him sign it—he did not sign the inventory—on 19th April I went through the inventory with Mr. Denyer, a clerk in our office, he was assisting me—I did not see Mr. Whalley with reference to the inventory—we were acting as mutual agents, for both parties—Mr. Whalley suggested it, in the hurry—he said that he had no particular agent, and would we do it for him; and we did—all the things mentioned in the inventory were safe in the house on the 19th of April—a room at the end of the passage on the ground floor was locked up, and other things were sealed up—there was a double chest of three drawers in a back bedroom on the second floor—I cannot trust my memory as to what else, it is in the inventory—some wine was sealed up, an oak chest in the library was sealed up, and two box ottomans in the bedroom behind the drawing-room; I believe that was all—none of those things, or those in the locked room, were included in the inventory—I gave up possession of the house to Mrs. Whalley on the 19th of April—on the 29th of August I again went to the house—I then found that the seals on all the things I have mentioned were broken—Mrs. Gamble, in my presence, tried to get into the room that had been locked, but she could not do so—I had to send for a locksmith to get the lock undone, we then found the room in a state of great disorder.

Cross-examined by MR. GRAIN. The locked room was a small ante-room—I don't know what was in it—I did not ascertain that Mr. Whalley was elected as M.P. for Peterborough in 1880—I cannot say that I heard it—I did not myself make inquiries—I believe our firm did—Mr. Whalley did not take an active part in this matter, he was very heedless and careless about it—I don't know that it was done in an unbusinesslike way; it was done quickly; he said "Act for both parties," as he was going to take possession next day he had not time to give express instructions to any agent that he knew.

Cross-examined by MR. FILLAN. The little ante-room was at the end of the passage usually known as a garden room.

MARY GAMBLE . I reside at 26, Coleherne Road, South Kensington—on 18th or 19th April last I let my house through Messrs. Bear and Co. to Mr. Whalley upon the agreement produced—I was present when he signed it—when I left the house the locked room at the end of the passage contained a chest of plate, which was covered entirely with books piled up, a number of boxes, tables, china, packing-cases, and an immense quantity of parcels of various descriptions; there was also a wardrobe in the room; there was no plate in that except the silver fittings of a dressing-case, and there was some jewellery in the dressing-case—the wardrobe was locked, but not the plate cheat—there was a chest of drawers in the house, sealed, not locked, containing jewellery—in the wine cellar there was a bin, sealed, containing four dozen champagne and claret—I gave up possession on the 19th April—on 25th April I gave the key of the locked room to my servant Rosina Stone for the purpose of fetching something that I wanted—she brought me back the key—on 30th August, in consequence of what I heard I went to the house—I found there a servant named Coleman—I first of all wont into the front room in which I had left, the sealed chest of drawers—I found the seals broken and the tapes taken off—I missed from that chest of drawers two lockets, a cameo brooch, a miniature, a chain, and some rings which I had left there, and which I have since seen at different pawnbrokers' shops—I did not examine any other place that day—next day, the 31st, I opened the oak chest which had been in the library, locked—I missed several articles of plate from that—on 1st or 2nd September I went to the wine cellar, and found that the sheet had bean taken away and the seals broken and the wine gone—I tried to open the door of the back room; I had to send for a locksmith to get it undone—I then noticed that the door was broken just above the lock; I found the room in disorder, the plate chest was open, and all the plate gone except a pair of candlesticks—some plated articles were lying about the room—I also missed some plate from an iron box in the chest in the library; also about 2l. in gold and a little silver from a box—I am not positive that that box was sealed, it was nailed down—I did not discover any broken seals—I have since seen a great quantity of this property at different pawnbrokers'—I missed altogether about 200l. worth of property.

Cross-examined by MR. GRAIN. The looked room is quite a small one at the end of the passage, large enough for a small bedroom—it was quite full; the floor was filled with parcels, books, tables, and china, very little standing room was left.

ROSINA STONE . I am in the service of Mrs. Gamble—by her instructions I assisted to lock up the house before we left on 18th April—on 25th I went by her instructions with a key to fetch something out of the locked room; Mr. Whalley was then in possession—I fetched what I wanted and left, locking the door after me—everything in the room was safe then.

WILLIAM MARTIN . I reside at 9, Gate Terrace, Leytonstone—in July this year I was in the service of Mr. Miles, a locksmith, in South Kensington—some time in that month I was sent by my master to 26, Coleherne Road—I saw Herbert there and Mr. Whalley afterwards—Herbert told me to repair, the lock of the back room at the end of the passage and replace it; the lock was there but very much broken; it had been

forced open—while I was repairing it I saw Mr. Whalley going down to his breakfast—he could see what I was doing.

Cross-examined by MR. GRAIN. I was called in to do some other repairs, nothing to do with this lock—the order was given at the shop—I only saw Mr. Whalley passing about the house.

Cross-examined by MR. FILLAN. When I saw Herbert he was going down to his breakfast, or in the breakfast parlour—he did not go there with me—I told him I had nearly finished what I had to do, and he asked me would I be kind enough to repair the lock—I was doing the repairs for Mr. Whalley.

EMILY COLEMAN . I am a domestic servant—some time in July I was engaged by Mrs. Whalley as a servant at 26, Coleherne Road—Mr. Whalley was residing there with Mrs. Whalley and another lady; Herbert was also living there—those persons continued residing there all the time I was there—a man named Fraser came to the house once; I saw him once, he came one Sunday and stopped the night—when I first went to the house the door of the room at the end of the passage on the ground floor was unlocked—I think I went into the service on 12th July, I am not sure—I never went into the room and never looked into it—I saw them all in the room, Captain Whalley, Mrs. Whalley, and her sister and Herbert, only on one occasion—I don't know what they were doing in the room; they were moving about; I could hear things moving about, like books falling—I never noticed that there were any books there on the plate chest, but I could hear books falling—I noticed when I went into the service that one side of the bins in the wine cellar was sealed up—it was not sealed when I left—Captain Whalley unsealed it, I saw him do it, and he took three bottles of champagne from it, and the wine was drunk at the table; and the same night he took three bottles of claret from that bin—I remember their leaving the house—they all left together except Herbert, he left on the Thursday afterwards—I don't remember on what Thursday—I left I about a week after they went—I think it was in September—Herbert left on the Thursday between 4 and half-past in the afternoon—it was about 28th August—Mr. Whalley left about half-past 12 the same night with Mrs. Whalley, the other lady, and a Captain Nicholson; they all left together in cabs—I did not know where they were going I till about half-past 10 the same night, Mr. Whalley then told me they would be back on the Monday—I was not paid my wages before they I went—Captain Nicholson ottered me 10s., he was there the same night—they never came back.

Cross-examined by MR. GRAIN. I looked into the little room once, when I was coming up the stairs, when they were in the room—I am sure I saw them in the room—I said at the police-court that I heard them in the room; I heard them and saw them—I am quite certain that I saw four persons in the room, and that Mr. Whalley was one of them; it was about the middle of the day—the door was open, not wide open, but so that any one could easily see—you could only see one side of the room, not all over it—when I saw Mr. Whalley take the sheet off the bins in the cellar I was waiting outside—there were several cases inside the cellar on the bricks, and some outside which had not been opened—I only sat two—the sheet was not removed before, I am quite certain of that—when Mr. Whalley went away, on the 28th, he told me to take care of the house

till he came back on Monday morning—he did not say that a solicitor's or auctioneer's clerk would come on the Monday—a clerk did come on the Monday, and took possession of the house—Captain Nicholson came in a cab to fetch the Whalleys when they went away—Herbert had gone some time before, he went about 3 or 4 o'clock in the afternoon, and Mr. Whalley and family left about 1.30 next morning.

Re-examined. Somebody came on the Friday, the day they left, and took possession of the house—when Mr. Whalley took the wine from the cellar Mrs. Whalley told him not to take it—I can't remember what he said—there was no more wine in the cellar.

Cross-examined by MR. GRAIN. I did not say anything at the police-oourt about what Mrs. Whalley said because I was not asked the question.

KEDDY RAY FLETCHER . I am a solicitor, of 18, Finsbury Circus—on 6th July I received instructions from Mrs. Gamdle to act for her in this matter—on 22nd July I wrote to Mr. Whalley for payment of the rent—I afterwards sent a formal notice to quit through Messrs. Bear—I afterwards took out a summons on Mrs. Gamble's affidavit, under Order 14, for the purpose of getting possession—I was not able to get any rent—the summons was heard on 28th August—Mr. Leslie Pole, acting for Mr. Whalley, attended, and the order was made for possession—on that same day I saw Mr. Whalley about half-past 2 o'clock in the afternoon—I did not personally know him before—he brought a letter from a firm of solicitors, asking for time—he handed it in, and asked for time to clear out of the house—I told him that under the circumstances I could not rive him any time; what I could do was this, if I received a telegram from his agents by 10.30 the following morning I would not lodge the writ with the Sheriff—he thanked me for the way in which I had seen him, and left—I did not receive the telegram at 10.30 next morning—I waited till about 11 o'clock, and then caused the writ to be put into the hands of the Sheriff.

Cross-examined by MR. GRAIN. I told Mr. Whalley that he must clear out or he would be forcibly ejected, unless I had a telegram from the auctioneers by 10.30.

THOMAS WILSON . I am assistant to Mr. Soames, pawnbroker, of 299, Fulbam Road—on 19th June this year Herbert pledged this silver mug for 25s., in the name of William Herbert, 129, Inborough Road, and on the 24th a cameo brooch for 1l. in the same name and address; on 26th June a locket for 25s., and another locket for 10s. in the same name; on 28th June a silver milkpot for 30s., on 8th July a silver pap boat for 6s., on 9th July four silver bottle stands for 1l., on 11th July a small silver waiter and silver mug for 2l., on 15th July a pair of silver saltcellars, a pair of solitaires and collar-studs for 1l. on 16th August, three blankets for 7s. by a woman in the name of Louisa Braddish, 112, High-field Road—all the things except the blankets were pledged by Herbert—they have all been shown to Mrs. Gamble—I have them here now.

Cross-examined by MR. GRAIN. I have no recollection of ever seeing Mr. Whalley.

JOHN WILLIAM DAVIS . I am a partner in the firm of Davis Brothers, pawnbrokers, of 28, Catherine Street, Strand—on 15th July a dressing-case was pledged at our shop in the name of Joseph Herbert, 26, Coleherne Road, for 25s.—I did not take it in—on the same day a dressing for 25s., a gold chain for 4l., and a silver snuff-box 15s.—they have

all been identified by Mrs. Gamble—on 11th July I was present when two silver muffineers, a milk jug, candlestick, nine dessert-spoons, ten works, two tea-spoons, four egg-spoons, four sauce ladles, four salt-spoons, one sugar ladle, three table forks and butter knife, all silver, were pledged for 16l. by Herbert and Fraser, in the name of Thomas Bruce Herbert, same address—I had known Fraser or sometime; he represented that they belonged to Herbert—I do not know Mr. Whalley—the things have all been shown to Mrs. Gamble.

WALTER DAVIS . I am a partner in the firm of Davis Brothers, of 28, Catherine Street—I was in the shop on 21st June when a gold chair was pledged in the name of Fraser—I knew him"—he came alone—on 24th June he pledged a miniature for 1l., on 28th June a silver teapot for three guineas, on 2nd July eight coats, seven pairs of trowsers, and three waistcoats for 2l. 5s., on 8th July a silver ladle for 1l. 6s.—I recollect on two occasions Herbert being with Fraser, and Fraser told me to Herbert's presence that he (Herbert) was coming into a large fortune, and he just wanted a little to go on with till he came of age; that was when I asked him how he accounted for having all these things to pledge—Fraser always came alone or with Herbert, nobody else—on 10th July three coats, three waistcoats, and one pair of trowsers were pledged for 18s.; on 14th July a silver cigar case for 18s.; on 15th July a silver snuff-box for 15s., and a gold chain for 4l.; all by Fraser—I took in the dressing-case on the 15th in the name of Herbert—all the articles have been identified by Mrs. Gamble.

BENJAMIN POOL . I am assistant to Messrs. Campbell, pawnbrokers, of King's Road, Chelsea—on 11th June, 1884, two persons called—I cannot recognise Herbert—I should know the other person if I saw him—they pledged a gold watch for 5l. in the name of John Fraser, 17, Queen Street, Brompton—on 19th June a silver mug, knife, fork, and spoon for 15s., and on 21st June a ring and bracelet in the same name—Mrs. Gamble has seen and identified the articles.

JOHN SMITH (Police Inspector). At 8 o'clock on the night of 18th September I went to 20, Leinster Square, Bayswater—I inquired for Thomas Herbert, and saw him—he said "I know what you have come about, I have been expecting you"—I told him I held a warrant for his arrest, and read it to him—he said "Yes, I know there has been several things pawned, and I helped to pledge them for Whalley, as he said it would be all right"—I took him into custody—on the way to the station, in a cab, he said "I should not have pledged these things only that Whalley assured me that they would be redeemed within a week or so; I have helped to live upon them, like Whalley; I have been to Boulogne, but I did not want to be arrested there and I came back I intended to have enlisted in the morning." On 30th September I went to Boulogne, and there found Whalley in custody, detained under an extradition warrant—I told him that I was a police officer from London and that I held a warrant for his arrest—I read the warrant to him—he said "All right; what prison are you going to take me to?"—I said I was going to take him to London—on the way back, on board the past, he said "Have you a warrant for Fraer?"—I said "No"—I had not said a word about Fraser up to that time—he afterwards said "Supposing this matter goes against me, what term of imprisonment do you think I shall get?"—I said "That is a question I cannot possibly

answer"—afterwards, when taking him from Charing Cross to Chelsea, he put the same question, and I gave a similar reply.

Cross-examined by MR. GRAIN. I have the warrant here—he was kept in France for some days before he was extradited—the warrant was issued on 5th September—I apprehended him on the 19th—he was detained there till the 30th.

Cross-examined by MR. FILLAN. I have made inquiries about Herbert—I believe he has hitherto been a respectable youth—I have ascertained that he was apprenticed to the merchant service and been to see—I have heard that he went to America with Mr. Whalley, and that he invited him to stop with him and his wife at Coleherne Road—what he said was that Whalley had told him when he pledged the things that it would be all right—I made a note of it at the time, not half an hour afterwards—he said nothing about Fraser; I believe he did once mention Fraser's name—he did not say that Fraser as well as Whalley asked him to pawn the things—when he mentioned Fraser's name it was not in connection with his pawning—he did not say who had helped to pledge them—he merely said some one had helped to pledge them—he said he knew a named Eraser, he had been there also.


WHALLEY— Nine Months' Hard Labour.

HERBERT— Three Months' Hard Labour.

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