The Proceedings of the Old Bailey

 

474.   EUGENE HORRIGAN (32),   EDMUND BURKE (28), and   SAMUEL MAHONEY (28), Robbery with violence upon   Frederick Rider, and stealing 9s., his money.

MR. HUGGINS Prosecuted.

  FREDERICK RIDER . I am a greengrocer—on Thursday, 5th April, between 1 and 1.30 a. m., I was in a lodging-house at Pitfield Street, at the back of the Variety Theatre, Hoxton—I saw the prisoners there—Horrigan took me outside, and put a handkerchief over my mouth, and one of the others held me down—another put his hand in my pocket—I had nine shillings—when I got up I had a punch on the note from a stranger, and my money was gone—I had not conversed with the prisoners—one had asked me if I had twopence for a lodging before I was attacked—I had no coppers, and I put my hand in my pocket, and pulled out my money, and put it back again—the prisoners saw me, and they took me

outside—I fetched a policeman, who apprehended them—I chose the wrong man—Horrigan lodged in the house—I paid for my lodging—I gave the gentleman a shilling—that was in the nine shillings—the three prisoners were in the room—I did not pull my money out then.

Cross-examined by Horrigan. I cannot tell you how many were present—there were several besides you three in the kitchen—the policeman asked which one it was, and I screwed the wrong one—he did not say "Walk round; is it this man? Is it that man?"—he asked me generally—I did not say it was the militiamen—I did not tell the Magistrate so.

Cross-examined by Burke. I did not say that three militiamen had got my money—I said at the police-court that you put a handkerchief in my mouth—the policeman asked if anybody present witnessed the taking of my money—I said the deputy saw it taken—it was taken outside the door—the deputy was not then in the corner of the room, he was outside.

Cross-examined by Mahoney. You are a stranger to me—Horrigan took these trousers off the kitchen form—I had another pair on.

  WALTER TURNBULL . I am deputy lodging-house keeper at 6, Pitfield Street, Hoxton—on 5th April the prosecutor was in the lodging-house, and the prisoners and two others, one not in custody, assisted in robbing the prosecutor—Rider had stopped there about a week before—Horrigan came to the gate and knocked at the window, and said "Open the door"—I went out to the gate, and he said "Open the gate," and I said "I will open it for you, but I don't want the other four," and he said "No, they ain't coming in"—the men outside were Horrigan, Burke, Mahoney, Palmer, and another—I saw the prisoners drag the prosecutor out—I mean Horrigan and Burke—Mahoney was there, and assisted in laying him down, and dragging him out in the passage—I opened the door—Horrigan pushed a red handkerchief in the prosecutor's mouth—Horrigan was at his head, Burke was on his left side, and Mahoney on his right—the man not in custody was at his feet—Burke and Mahoney appeared to be rifling his pockets in the passage, just outside the kitchen-door—I have no doubt the prisoners are the men.

Cross-examined by Horrigan. I refused Palmer a lodging—you held the gate with your feet, and allowed the four men to pass in—there were five in all—Palmer and another man, not in custody, were there—you asked me to take your 4d. and let you go to bed, and I said "You can go and get a lodging with. Palmer"—Palmer punched me—I was not fighting Palmer when the policeman came in—the policeman did not ask me to pick out the man who did it—Rider accused the wrong man—when the policeman came one of the men said "Nobody has done the robbery," and: a man picked up the form and hit him on the head with it—he did not say "Nobody in the room has done the robbery"—I did not give you in charge nor want to—Rider said it was a militiaman—the militia chaps had gone to bed—Burke and Mahoney tried to rob me, only I had put the money away, and I told the inspector.

Cross-examined by Mahoney. I did not want to have anything to do with it—I took the shilling from the prosecutor after you had done with me.

Re-examined The prosecutor was lying with his head to the door—the militiamen had gone to bed previous to the row, and Rider had com in before it took place.

  THOMAS CHANDLER (Policeman G). On 6th April, about 8. 30 p. m., I went with Turnbull and another officer r into a public-house at the corner

of Pitfield-Street, Hoxton—I saw the Turnbulls, and charged them with stealing 9s. from a man in the lodging-house about 1. 30—Rider was not present then, but he charged them—Horrigan and Burke made no reply—Mahoney said "I was not there"—at the station, when the charge was taken, he made the same reply—the other two prisoners said nothing.

Cross-examined by Horrigan. I sent for assistance to take you—another man was charged with being concerned in an assault upon Turnbull, but was let off because there were no marks of the assault—Palmer was detained at the station a short time till the case was investigated.

  PHILIP WILLIS (Policeman G 439). I took Burke—he said "You have made a mistake; I know nothing about it; I was not there at the time."

Witnesses for the Defence.

  THOMAS DILOWAY . I am a sailor, of 6, Pitfield Street, Hoxton—I was in the kitchen when the prosecutor said he was robbed—nobody got hold of him to my knowledge—three militiamen were in the kitchen—they had him in the corner a few minutes, and he accused them of taking his money—he said he lost 9s. and they had it—the policeman asked him, and he told him the same—the police asked him if he could identify any of the men, and he said "No"—he offered a pair of trousers for sale to one of the men, who gave them to him back again—I believe it was Horrigan—I do not know how the prosecntor got the 9s. that time of night.

Cross-examined by MR. HUGGINS. I cannot say there were three militiamen—I know there were two—they went out of the room about 10 minutes before the police came—I know the prosecutor by sight—I did not see the militiamen do anything to him—they were sitting at the end of the table—I did not take particular notice—the noise roused me up—the prisoners were then near the door, two sitting down and one standing up—I did not see the militiamen then—I saw the prosecutor give the deputy a shilling to pay for his lodging—the prisoners were there when I went in—I roused myself up between 1 o'clock and half-past, and went into the kitchen by myself, some people were there, including the three prisoners and the militiamen—I went and sat at the other end of the table and took no particular notice of them—I was in that position about a quarter of an hour or 20 minutes, when I was roused up by the prosecutor saying he had lost 9s.

  JOHN MILLER . I am known as John Palmer—I am an asphalter, and live at 77, Burton Street, Hoxton—I was in the kitchen when this robbery was supposed to take place—I saw three militiamen there—the prosecutor accused them—the police asked him if anybody in the room robbed him—he said "No"—the police asked if there was any witness of the robbery, and there was no answer, and they walked out, and you walked out with them.

Cross-examined by MR. HIGGINS. I knew the three militiamen personally—they had been living in the same house—I went in first about 12. 30—I saw Diloway there about 1 and 1.30 and 2 o'clock—he lives there and I live there—I had been there about an hour and a half, and came out at half-past one—Diloway was then in the kitchen, and the prisoner had come in—the prisoners came in with me—I have known them two or three weeks—I know Rider by sight—he came in about half an hour after us, I believe—Diloway was lying down in the kitchen next to me—

G

I was sitting down on a bench opposite the fire—he was on the bench—Horrigan was over on the other side down in front of the fire—the militiamen were outside when the row occurred—Burke was near me—the militiamen were sitting round the table before they went out—I did not notice them—I saw Rider come in half an hour after I was in—Turnbull was then in the room—I did not notice Rider go out of the room—I saw him in the passage—I did not take particular notice—I do not know who went out of the room with Rider, nor who stayed in—I did not notice Burke go out, nor anybody—I did not take much notice what happened.

BURKE received a good character. NOT GUILTY