JOHN BARRY.
7th March 1898
Reference Numbert18980307-234
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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234. JOHN BARRY was again indicted for unlawfully obtaining,£5 from Robert Mackie with intent to defraud. Six other counts:—For obtaining different sums from other persons.

MR. MUIR Prosecuted.

JOHN CHARLES GOOD . I am proprietor of Edward Herbert & Co., tea tasters, 21, Fenchurch Street—towards the end of July, 1896, an action was brought against my firm by the prisoner in the Mayor's Court—I had not seen him, but I had made inquiries and resisted the claim—I went into Court, and when the case was called on there was no appearance

by the plaintiff—the case was never reinstated—I had to pay about £40 costs.

Cross-examined by the prisoner. I was told that you purposely ran against a box and purposely hart yourself, and your representative came and asked if we would settle the action for £10—you were waiting outside, and two days after the trial your brother came and asked us to pay £1—I employed a detective, and I believe you were medically examined—the doctors said that years ago you had met with a fracture—a report was made to my solicitor. (The doctor's report was here put in, stating that he attended the prisoner on August 10th, 1896, who was walking with a limp and was using a stick, and stated that he had been injured in Fenchurch Street by a big bale falling on him, that he had seen a doctor who said his spleen teas displaced, and that he had been in St. Bartholomew's Hospital, that upon examination he complained of pain on pressure of the abdomen, and that there was an old sear on his right leg, the result of a compound fracture).

JOHN HIBBERT . I am head packer to Frederick Gale and others, warehousemen, of 32, St. Paul's Churchyard—on March 9th or 10th last year, at 5.45 p.m. I was at the bottom of the lift shoot delivering goods—I heard a voice saying, "Why don't you pull your rope in, there is a man fallen over it and gone to the front door"—I went to the counting-house, the prisoner was there, he said that he had fallen over the rope—I took him down and bathed bis arm under the tap and saw nothing the matter with it, and gave him some whiskey—one of my men bound up his arm and he left—he came again next morning and handed me this card, "J. Barry, Well Engineer"—I took him to one of the partners—I afterwards saw him at Guildhall in a cell.

Cross-examined. No one else has fallen over my rope for the last 18 years—my rope had no right to be on the public foot-path—I cannot prove that it was not there—the firm sympathized with you and gave you money—I don't think they made any enquiries—the pavement is 39 ins. wide—it was a wet night and dark—it was about six o'clock, 12 months ago yesterday.

ROBERE MACKIE , I am one of the firm of E. M. Moreland & Co.—on March 10th lost year I saw the prisoner, Mr. Bull was present—he said that he had fallen over the rope the night before, and he felt it very painful all night and went to the doctor—he had his arm bandaged up—he said he was a diver and should be detained at home two or three weeks and he left it to us to say what we would give him—I authorized the cashier to pay him £5 and obtained this receipt from him—(This was in full compensation for all claims).

Cross-examined. Our cashier wrote that out and you signed it as finishing the case—you did not demand money of me but you said you should not be able to do any work for two or three weeks—I am not satisfied that you met with an accident—you came into our warehouse with your hand in a sling, bandaged up by the doctor according to your statement—we believed you and gave you a £5 note—I do not believe your statement now, I could not judge whether you told me any lies.

FREDERICK JOHN PALMER . I am manager to Hope Brothers, 223 and 224, High Holborn, hatters and clothiers, about the middle of June a

man gave me some information, and the prisoner called on me and said that he had had an accident and fallen over some covering and hurt his, arm—he had his left arm in a sling—I referred him to our head quarters at Ludgate Hill and on June 28th I saw him there—his arm was still in a sling—he said that he was a professional diver and had been employed on the s.s. "Elbe," and was earning £6 a week—Mr. Jackson said that he did not want to be hard on him and gave me £2 and he signed this receipt in my presence.

Cross-examined. I do not think my manager made any inquiries—he had the porter up—I know that you fell down, but I did not know what you fell over—the cover was not where you ought to have fallen over it.

Re-examined. He did not bathe his arm.

THOMAS HALLET FRY . I am one of the foremen of Jones, Stewart & Co., hosiery warehouse, Wood Street, City—on September 7th I received this letter—" Gentlemen, I write to inform you that as I was passing your premises last evening, I was thrown down by a rope and severely sprained my wrist. I have had to go to the doctor, he tells me I shall not be able to work for a month."—I saw the prisoner on the 9th, he said that no doubt I had received his letter; that he was a diver and going away to the Mediterranean and in consequence of the accident he had been obliged to postpone it and wanted to know whether we were prepared to give him some compensation—I got from him the doctor's name and one or two witnesses—I think I gave them to a gentleman from the Court but he could not find them—I offered the prisoner £1—he said he was not prepared to accept it—I said I would write to the doctor and re-consider the matter—he was going away and I called him back and offered him £1 10s. which he accepted, and I got this receipt from him dated September 9th.

Cross-examined. My man told me that your hand was bruised, and that you had a slight opening in the bruise, and that it was your right hand, but it was your left arm which was in splints—I did not know that till after the matter was settled—I did not say so at the police-court because I only answered the questions put to me—I did not write to the witnesses whose names you had given me because I had settled the matter.

HORACE MICHAEL GASKIN . I am warehouseman to the last witness—about September 6th the prisoner came into our warehouse in a very excited condition, holding his hand in this position, showing a bruise between the forefinger and thumb from which blood was oozing—I asked him what was the matter, he said he had fallen over a rope outside our premises about an hour before—I took him down to the tap and placed it under it—he said something about making a report—I said, any report he had to make he must make to the firm—he pulled out a card, "J. Barry, Diver, North Street"—I am quite sure it was his right hand.

Cross-examined. I am sure it was your right hand because you said that you had injured your best friend, and said, "Look at my right hand,' besides that if it had been the left I could not have poured water over it.

GEORGE HENRY CHISWELL . I am clerk to W. D. and H. O. Wills, tobacco merchants—I was in the warehouse downstairs about 6.10, and one of my employers came to me with the prisoner and said that he had

an injury and had fallen over a board and injured his wrist—I think it was the left wrist—he went into the lavatory and held it under the tap—he was there about five minutes and then left—the manager spoke to me next morning, but I did not see the prisoner again.

ERNEST GUNN . I am manager to W. D. and H. O. Wills—on September 16th, I received this letter; "I beg to inform you on passing your premises on Tuesday evening at six o'clock, I was thrown down by a board, I have severely sprained my left arm and wrist and am told by the doctor that I shall be laid up for three weeks or a month and must ask you for some compensation"—the prisoner afterwards came to the warehouse and showed me his left wrist which was bound up—I said, "I will think the matter over and speak to the managing director and communicate with you," and I gave him some tobacco—he said he was a wharfinger in Norway, but that owing to the injury to his hand he was disabled and could not go there—I consulted with my sub-manager—I authorized £2 to be seat to him with this letter—this receipt was afterwards shown me, dated September 20th, and signed James Barry—his manner was very frank and engaging and I thought it best to get rid of the matter.

WILLIAM RENNIE .—I am sub-manager to Messrs. Wills—on September 20th I paid the prisoner £2 and took this receipt from him.

Friday, March 11th.

JOHN HACKETT . I am porter to Mr. Good who trades as Herbert & Co., tea tasters—on July 11th, 1896, I was unloading a van in front of the premises at about 5.55, and put out a red flag—we were hoisting a box of empty cardboard boxes—the prisoner came rushing by between the door and the box, and he was hurt, and two or three seconds afterwards a friend of his came up and said that he saw it—the prisoner was asked to come to the shop to see where he was hurt—he was sent to the sink—he said he was a diver and should lose his turn—he asked for a drop of brandy, I gave him a drink and left him—I saw that he was hurt on his hip, but not on the lower part of his abdomen—before that he went into a public-house with his friend.

Cross-examined. We were loading these things in the gutter, the jib was level with the pavement—the carman and I were not holding the box, the crane did not swing.

AUGUSTUS MERCER . I am head porter to Stafford Northcote & Co., St. Paul's Churchyard—they have a lift shoot in Carter Lane, I sent out some goods one day in September and the prisoner called at the office and said that he fell over the flap and injured his wrist—I do not remember which wrist it was—he said, "Look at my hand"—the firm instructed me to take him down stairs and bathe his hand under the tap—the firm suggested the tap, but the prisoner had been in the office before I got there—I bound his wrist up with his own handkerchief, and he weal away—after that I was instructed to go to Northfleet and make inquiries and went to 10, South Street, Dover Road, and saw the prisoner—his wrist was bandaged up—I asked if he had been to a doctor—he said "Yes"—I asked him if he could give me the doctor's address—he said that he could not—I said, "Cannot you give me the address of the person who made up the lotion?"—he said, "No, the bottle was broken and thrown away"—he afterwards went with me to the doctor's place near Gravesend

Station—there was a brass plate on the gate, but nobody could recognize the name—I said, "I had better knock"—he said, "Don't knock, because I have not paid the half-crown fee"—we left and had a social glass—I left and, not feeling satisfied, I went down on the Sunday morning and saw the doctor, who made a statement to me—I then went to the prisoner's house and said that I had been to the doctor, and he had no such cape, what was I to do? was I to tell the firm that he had not been to the doctor's?—he said, "Yes, tell them I have been using Elliman's Embrocation—I told the firm what I had found out.

Cross-examined. You were not drunk when I saw you—you did not tell me that you were intoxicated and had forgotten what had happened on the day before.

STAFFORD CHARLES NORTHCOTE . I am one of the firm of Stafford Northcote & Co., warehousemen, St. Paul's Churchyard—on a Saturday in September I received a report from Mercer—the prisoner afterwards called on me and showed me his wrist—it was bound up, he told me what had happened and asked me what I could do for him—I said I would consult with my partner—I asked him what his calling was—he said he was a diver, earning 30s. a week and had not been able to follow his calling—I afterwards instructed my cashier to send him £2 2s.—I believed that a genuine accident had happened—I afterwards got this receipt, dated October 4th—it is in my cashier's writing—at the bottom of it here is, "With thanks, it is too little considering I was laid up for 26 days and had to pay."

Cross-examined. The iron bar was not there to knock anybody down, it was fixed across—it had not been out of its place on the public path, nor did anybody tell me so.

CHARLES ALBERT NORTON . I keep the Three Tons, Cross Street,. Cripplegate—on November 11th I was assisting my brother in the management of the Woolpack and had information that an accident had happened—the prisoner called on me on November 12th, and said that he had met with an accident the day before, and had caught his heel in the pavement light and fell down and hurt his left arm—it was bandaged—he said he was a builder of Gravesend—he said that the doctor said that he could not work for a week, and I paid him 30s.—there was a missing light—I got this receipt which I made out (In full compensation.)

Cross-examined. You did not give me a card—I am sure you said you Worked for a builder.

ROBERT BLACKREE . I am manager at the entering room of Messrs. Newman, Smith & Sons, warehousemen, 45, Newgate Street—the prisoner called early in November and said that he had fallen over something, I think he said a bale outside our premises, and hurt his hand—I think he said his right hand—it was bandaged and he had a splint about an inch wide—he said that he was a diver and had missed his boat, "The Alert," that he was going to some sugar islands to raise a ship—I told him to look in again, I would see die firm, and, if it was the right thing, no doubt they would do something for him, he gave me this envelope with his address—he called again, and on the third or fourth time he called the bandage was off—he said "My hand is better, but it is

still a bit stiff"—I noticed that his fingers were swollen, his wrist seemed all right, he made no point of that—that was about November 11th—he came five times—he was paid about the middle of November—his left hand was not bandaged when he came to me.

RICHARD DARLING . I am one of the Corps of Commissionaires employed by Smith & Newman, at Newgate Street—I was standing just outside the door in November and saw the prisoner—he said that he had fallen over a parcel outside the building, and wished to see the manager—that was after Lord Mayor's Day.

HENRY WALTER NEWMAN . I am one of the firm of Newman, Smith and Newman—I remember the prisoner calling about a fall over a bale of goods—as near as I can guess the first time he called was the first week in November, but he called four or five times—I believed that a genuine accident had happened to him and paid him £3—this is his. receipt paid November 26th—it is in my writing.

Cross-examined. I am sure it was not November 15th or 16th—there was an interval of two or three days before you called.

EDWARD SMITH . I am a clerk to Debenham, Tewson and Farmer, auctioneers—on November 26th, the prisoner called on me and said that on the 25th he was passing the premises' of a firm I was acting for and caught his toe and hurt his left wrist, which was bandaged—I have it the 23rd in this receipt that was my mistake—he said his foot caught in a portion of the pavement light, and he fell down—I did not examine the pavement light—I communicated with the owner, Colonel Birch—the prisoner gave me the names of witnesses, Johnson, I think he said Frank, 70 or 79, Haberdasher Street, New North Road—the other witness's name was James Minton, of Cock Lane—I made these notes at the time a ad gave the addresses to Colonel Birch—the prisoner said he was a seaman diver on board the "Alert," employed by the Neptune Salvage Company, I understood permanently—Colonel Birch authorized me to pay him £2—I got this receipt from him (Undertaking to make no further demand,) that is addressed to one of my fellow clerks.

Cross-examined. I am sure you said the Neptune Company—you did not say the ss. "Alert," of West Hartlepool—I put it down at the time from your own lips.

WILLIAM BURTON BIRCH . I am a retired Colonel—I have been managing a house for my brother—I received a communication from Messrs. Debenham, Tewson and Farmer—I wrote on the back of it to keep the agreement and destroy the letter—I wrote to the references and my letter was returned through the dead letter office—after I had paid the money I asked my brother to send a cheque for £2, and he did so—I received a medical certificate, which has been destroyed.

CLAUD CHURCHILL BIRCH . I am a clerk in the Secretary's Department of the Admiralty—I received a communication from my brother about this accident—I believed a genuine accident had happened to Barry, and sent £2—I destroyed all the papers except the receipt.

AUGUSTUS TOZER . I am the London agent of the Neptune Salvage and Diving Company, 85, Gracechurch Street—I do not know the prisoner—he has never been employed by the company—they have not got a ship called the "Alert."

HENRY CHARLES MIXTERN . I am a scaffolder—I formerly carried on business at 34, Cock Lane—I know the prisoner—I never certified him as having had an accident—I never saw him with his hand bound up—I received a letter from Colonel Birch, and being laid up with the gout I never replied to it—I did not see Barry in the mean time—I afterwards heard that the letter was answered—I did not see the answer—the prisoner Barry was not in the habit of coming to my house.

Cross-examined. A new building was going on next door—the work is not going on still, but there were workmen there up to last month—the only Charles Mintern I know was my father, and he died 25 years ago—I have seen you with a diver.

ELIZABETH HAYWOOD . I am the wife of George Haywood, of 59, Haberdasher Street, Hoxton—a man named Johnson lodged in the house, and left at the end of November—the prisoner has called several times for Johnson.

The prisoner's statement before the Magistrate: "I am not guilty. I admit everyone of them, they are all bona-fide accidents. There is no fraud. I do not think these receipts are binding, being on one side only."

The prisoner, in his defence, stated that in the whole of the evidence there were only three statements which were not true, the first being that he signed a receipt for injury to his left hand when it was his right which was injured; that in Messrs. Herbert's case the doctor's certificate was obtained by a tricky and that another doctor ought to have been present; that he was still suffering from an injured spleen through that accident. He contended that there were no witnesses to prove that he had not met with that accident; that the heads of each firm came to the conclusion that he had; that a receipt on one side only bound, one party, and, therefore the prosecution had brought the matter up again; and, as the prosecution had not proved that the accident had not happened, he had nothing to answer.

GUILTY .— Fifteen Months' Hard Labour.


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