21st November 1898
Reference Numbert18981121-62
VerdictNot Guilty > unknown

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62. WALTER BRENAN (22), and JAMES MOYLE , unlawfully conspiring to dissuade Dominico Reitzo from giving evidence against Alfred Nye and Thomas Toomey.


Defended MOYLE.

DOMINICO REITZO . (Interpreted). I am a model maker living at 37, Friar Street, Blackfriars—on October 24th I gave evidence against Nye and Toomey, they were charged with stealing a watch and some money from an Italian named Fiore—I saw the assault and robbery—I had arrested Nye and handed him over to the police—Toomey took the watch—before I gave evidence I saw both the prisoners together outside the Court on Monday, October 24th, the robbery took place on the Saturday—Brenan had a watch and £1 in his hand—the watch was the one which had been stolen on Saturday—he said, Take this and don't go before the Magistrate, it will be just as well for all of us"—the other prisoner said, "I will make it 30s"—I said, "I will have nothing, come no before the Magistrate"—I told the Magistrate all—I saw both the prisoner speak to Fiore—I did not hear what was said—after I had given evidence I saw them again and Moyle said I was a fool not to take the money and not go before the Magistrate—Brenan was close by.

Cross-examined by MR. HUTTON. This was all spoken in English—I knew the watch had been stolen—I did not tell a policeman, because I was going to tell the Magistrate—this was about 10 o'clock, ten or twelve minutes before I gave evidence—Brenan was taken into custody

immediately I spoke to the Magistrate—there were some people about; none taking part in our conversation—I saw the watch twice—I did not Bee Moyle taken into custody—I pointed out Brenan, not Moyle—I have seen Moyle several times—I have Dot drunk ninth him.

Cross-examined by Brenan. I first saw you with the watch in front of the Police-court—I did not lock you up because I did not understand the English law.

ANTONIO FIORE . I live at 37, Friar Street, Blackfriars Road, and am in the employ of the last witness—I was assaulted by Nye and Toomey on October 22nd and they stole my watch, handkerchief, and money—Reitzo came to my assistance, and on October 24th I went before Mr. Slade, the police magistrate, to give evidence against them—I saw both Moyle and Brenan outside the Court they were together—Brenan said to me, "I will give you the watch and £1," and the other said, "I will give you the watch and 30s. if you will not go before the Court"—I did not see the watch—I said, "No; speak to my master"—I heard them speaking to him, they said the same to him—I pointed out both the prisoners to the police.

Cross-examined by MR. HUTTON. We spoke in English—I said at the Court that I did not point Moyle out to the police—when they spoke to me I said, "Me no understand."

RAIFARL VAGUOLIVI . I am an interpreter, I know Eeitzo and Fiore—I was before Mr. Slade at the Police-court when Nye and Toomey were charged—Fiore and Eeitzo were there, I saw them before they gave evidence—they spoke to me—I went into the Court and then went out and into a public-house and there saw them again with the two prisoners drinking together—Reitzo brought Brenan to me—he said, "This is the man who says he will give me back the watch and pay me 30s. and give you your expenses if I do not go and prosecute in the Court"—I do not know if Brenan understood, Reitzo spoke in Italian—I said to Brenan, "I am not a judge, magistrate or solicitor but you must not interfere with the witnesses, you may be prosecuted for compounding a felony"—I left him then and went into Court; again—I do not know it Moyle could hear—while in Court the policeman Cooper called me out into the passage, where I saw Brenan, Reitzo, and Fiore—the policeman said that the Italian had said something he could not understand, and then Reitzo said something to me in Italian—I said to Brenan, "I cautioned you before, don't you interfere with the witnesses"—then I said to the policeman, "They wish them not to go inside the Court to prosecute; take care of your witnesses, take them inside the Court"—this was all before they had given evidence against Nye and Toomey.

Cross-examined by MR. HUTTON. I do not know anything about Moyle.

HENRY PKPPERALL (258 M). I was outside Southwark Police-court on October 24th—I saw Moyle there and Eeitzo—Moyle came up to Reitzo and said, "I will give you £1 10s. and the watch back if you will not go in front of the Magistrate"—Reitzo said, "Come up to the Magistrate"—they then walked away to the Foresters' Arms—I went in after them and saw Moyle there—I then reported to my inspector inside the Court what I had heard, and afterwards I arrested Moyle—I told him I had instructions from the Migistratrt to arrest him for attempting to compound

a felony—ho said, "I am a clerk, employed by Mr. Mathows, 1, Newington Causeway"—I said I did not believe it.

Cross-examined by MR. HUTTON. He did not say that he was a clerk to Mr. Mathews or anybody else who would employ him—I was not on duty there, I was in uniform—nobody else was speaking to Reitzo—I was close to Moyle—I did not caution him—I thought he was trying to bribe the witness—I did not know what he was talking about—I have known Reitzo about three yearn—I have had drinks with him when I have been in plain clothes—I had seen Moyle before, outside the same Court—I do not know that he has introduced clients to solicitors there—I took him into custody about 12.30—he was searched—the watch was not found on him or on Brenan—Reitzo did not point Moyle out to me—I did not see Fiore—I have had one case with Rietzo before—it was a civil case.

JOHN COOPER (71 M). I arrested Nye and Toomey on October 23rd; they have since been convicted—their sentences have been postponed until this case has been settled—I saw Brenan at the Court—Reitzo spoke to me and I spoke to the interpreter—I asked Reitzo to point out the man who had made him an offer—he went and put his hand on Brenan's shoulder—I said I should arrest him for attempting to compound a felony—he made no answer then—he was charged with Moyle at the station—no watch was found on him—afterwards he said he could not understand what he was charged for—neither of them made any answer to the charge—Brenan also said that he was acting on behalf of Mrs. Toomey, the mother of one or the prisoners—I heard the interpreter caution Brenan—he said, "Don't you interfere with the witnesses; I have cautioned you before."

Cross-examined by MR. HUTTON. I do not know that 30s. was found on Moyle.

Cross-examined by Brenan. When the interpreter cautioned you we were inside the Inquiry room—nothing was said about a man in a light suit.

SOPHIA TOOMEY . I am a widow, and live at 47, Crossly Row—I am the mother of Toomey, who was charged on October 24th—I was outside the Court on that day—Moyle came to me about 11.30—I had never seen him before—he said, "Is it your son who is in trouble?"—I said, "Yes"—he said, "Have you any money?"—I said, "No"—he said, "Can you get any?"—I said, "I will try and get £1"—I went to Mr. Goldsmith and when I came back my daughter-in-law said, "He wants a guines, she gave him 1s.—we went down to the public-house and I gave him the money outside—he then took me up to Mr. Sidney, a solicitor—he said to the clerk, "Here is a case, the fee is behind the bar"—he meant the bar of the public-house—I came down and I did not see him any more—I saw Brenan then.

Cross-examined by MR. HUTTON. Mr. Sidney defended my son—I have seen Pepperall four or five times.

MARGARETT TOOMEY . I am the daughter-in-law of the last witness—I gave her 1s. on October 24th to make up the guinea—I saw Moyle, he asked me if I was interested in the case—he said, "If you get £1 1s. for a solicitor your brother-in-law may get off—I got 10s. 6d. for him for his trouble—my little brother-in-law gave it him.

Cross-examined by Mr. HUTTON. Moyle said it was for the trouble he

had taken in the case—nothing was said about its being given to witnesses to prevent them from giving evidence.

RICHARD TOOMEY . I am the brother-in-law of the last witness—she gave me 10s. 6d. on October 24th—I gave it to Moyle.

Brenan in hit statement before tile Magistrate said that Moyle asked him if Mrs. Toomey wanted her son defended, and he said that he thought so and Moyle went and found Mrs. Toomey and explained the close to her, and told her to get £1 1s.

DOMINICO REITZO (Re-examined). Moyle came into the public-house before ten o'clock—I paid for myself.

Witnesses for the Defence.

JAKES MOYLE (the Prisoner), sworn. I live at 5, Farringdon Buildings, Newington, and am an hotel broker's clerk—I work for anyone—since last Easter I have introduced clients to solicitors—I have introduced clients to Mr. Crocker and Mr. Mathews, who are solicitors at South work Police-court—I have also worked for Mr. Hinton, the Southwark County Bailiff—never saw Brenan before the day he was placed beside me in the dock—I went into Mr. Mackintyre's about 9.50—I had been collecting some money for him—I saw Reitzo there—he told me that his boy had been robbed of his watch—he asked where Mr. Mathews was—he told me they wanted to square it up, and I said I did not know anything about it—I had introduced him to Mr. Mathews some time before—Mr. Mathews would not have anything to do with him, and he told me to have nothing to do with him—I came away—I had seen Reitzo before several times—I asked somebody who the woman was, and I sympathised with her, and asked her if she could get the money to defend her son—she got the money and gave it to me, and the two Italians followed me down, I took it to Mr. Mackintyre, and asked him to take care of it—I said to him, "Don't let the woman have the money till I have got a solicitor"—I received 10s. 6d. from the little boy Toomey, the sister said for my kindness in getting Mr. Sidney—Mrs. Toomey said the Italians wanted 30s.—I said, "Don't take any notice of them"—the policeman came into Mr. Mackintyre's and said to me, "The magistrate's clerk has ordered me to arrest you"—I said, "What for?"—he said, "Come along and you will see"—when we got to the station he charged me with tampering with a witness—it is untrue that I ever made an offer of 30s. to Reitzo or Fiore not to give evidence, and that I conspired with Brenan to prevent them from giving evidence.

Cross-examined. When I introduced people to solicitors I took a commission—I got 5s. in the £ for every client—I knew Reitzo and Fiore had a case on because they told me—Reitzo spoke to me before I spoke to Mrs. Toomey—I do not know who pointed her out; it was not Brenan—Mr. Sidney does not give any commission, it is Mr. Crocker who gives one—I gave the money to Mr. Mackintyre over the bar, because the woman was being followed by the Italians—I saw them inside the public-house talking to the interpreter—I did not see Brenan speak to the interpreter.

Re-examined. No offer was made by the Italians that I should be the means by which the witnesses should be squared; I advised them to go to Mr. Mathews, and lay the whole case before him.

PATRICK MACKINTYRE . I keep the Foresters' Arms, High Street, Borough—before that I was in the police and resigned—I have known Moyle about eight years—up till Easter he was in regular employment—since then I have seen him constantly; he has used my house—he has always born a good character—on October 24th, about 10 o'clock, Moyle and Reitzo were in the bar, and afterwards went out—Moyls returned and asked if I had seen Mr. Mathews—I said that he had gone to the Mansion House—he said, "I have got a case at the Police-court, and I have got the cash here, and I don't know what to do with it"—I said, "Why not go and see Mr. Sidney"—he said, "I will hand you £1 to keep till I can get a clerk, and hand it over to him"—he went out and then one of Mr. Sidney's clerks came in and I said, "Moyle is looking for you, he has got a case, here is the sovereign"—the Toomeys were defended by Mr. Sidney—Moyle has been acting as a house agent, he is also a betting man—I have employed him on many occasions—I have never seen Brenan before.

Cross-examined. If Moyle had not found Mr. Sidney's clerk I should have handed the money over to Mr. Mathew's clerk—his object was to get a commission—I should give it to any solicitor who comes in—he would still be entitled to his commission, that is why it was left with me—neither Fiore or Reitzo were in the bar then.

WALTER BRENAN (the Prisoner) swore. I was outside the Police-court on October 24th—I saw Mrs. Toomey—I know her—she said that the prosecutor had said he would not press the charge against her son—the prosecutor asked me to have a drink with him, which I did—I went in and explained to the interpreter what the prosecutor had said—he told me not to have anything to do with it—I did not know Moyle, but he asked me if the boy wanted defending—I said I thought his mother would have him defended—he spoke to the woman but I don't know what he said—I had no more conversation with anybody till the policeman called me over into the Police-court—I had never seen Moyle before.

Cross-examined. I had had no conversation with Moyle about the case—when I spoke to Reitzo I had not got a watch in my hand, I had never seen the watch—it was not mentioned—I had been out of work six weeks and could not have got £1—Moyle was not there then.

HENRY PEPERALL (Re-examined). I have made inquiries about Brenan's character, and find nothing against him.

RICHARD BRENAN . I am the prisoner's father—I am a bottler in the mineral water line—Pepperall called at my house and said my son was locked up for attempting to compound a felony—he had not got a six-pence in his pocket—he worked at the Lyndon and Brighton Railway—he has never had a stain on his character.

The prisoners received good characters.


Before Mr. Recorder.

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