THOMAS ENGLISH,, THOMAS BALLARD,.
19th July 1909
Reference Numbert19090719-56
VerdictGuilty > unknown
SentenceImprisonment > hard labour; Imprisonment > hard labour

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ENGLISH, Thomas (25, labourer), and BALLARD, Thomas (27, labourer) ; both robbery with violence on George Brown Young, sod stealing from him one chain, his goods.

Mr. A. C. Fox Davies prosecuted; Mr. W. G. Hawtin defended Ballard.

GEORGE BROWN YOUNG, 6, Hart Lane, Great Tower Street, law stationer. On July 5, at about four p.m., I was in Commercial Street, near Flower and Dean Street, when English made a run of about 10 paces towards me, seized my gold chain, and snatched it away with a gold locket value ₤14 14s., and ran off through the buildings. I was not wearing the watch. I have no hesitation in identifying him. I had not seen him before. I lost sight of him through the further end of the buildings. I next saw him at the sation. He was seated on the form by the door as I entered, and I immediately said, "That is the villain who took my chain." He denied it. Just as English ran down the court Ballard (whom I

had not seen before) followed me up as I was running after English. I said to him, "Chase that man—he has got my chain—I will pay you." I had hardly said the words when he caught me with both hands between the elbow and the shoulder, and gave me a very clever throw, which pitched me on my left shoulder on to the ground, dislocating my shoulder. I picked myself up and chased them into Flower and Dean Street, although in great pain. Ballard ran into Thrawl Street. Both were soon out of sight. I turned back into Commercial Street and went into a warehouse to rest when the police informed me one of the men was caught I went into Commercial Street, identified English who was in custody, and gave a description of Ballard. A quarter of an hour afterwards I was asked to go into the station yard, where I picked Ballard out from among nine other men. Directly the door was opened I said, "That is the man who knocked me down." Ballard is a very tall man; many of the other men were tall, though not to tall as Ballard. I have no doubt he is the man. The divisional surgeon was sent for and found my shoulder was dislocated I was taken to the London Hospital, where the arm was set. I have been treated ever since by my private doctor at Margate. I live at 13, Connaught Road, Margate, and come to London four times a week to see after my property. My arm is not yet right; it is going on rather slowly; I am 63 years of age.

Cross-examined by Mr. Hawtin. I was going from Whitechapel along Commercial Road, and was at the corner of Flower and Dean Street as near as I could fix the time at 4. 10 to 4. 15 p.m. I am very nimble on my feet. English ran down Flower and Dean Street, I followed him perhaps 30 yards, running fast. I heard Ballard behind me, looked back and saw him. After he threw me over he continued running in the direction of English. I swear it was not an accidental push. It was done as I was on the run; he ran on as fast as he could. I was not excited, but was very determined.

To English. When my chain was snatched I was alone—I was not with a woman. had been in a public-house at the corner of Flower and Dean Street and a woman importuned me. She was not with me when you took my chain.

ISAAC FRANKS, 107, Rothschild Buildings, Thrawl Street, dealer. On July 5, at about 3. 30 p.m., I had been sitting outside my house reading the paper for about 20 minutes, when I saw English with two other men walking towards the gateway from the buildings into Flower and Dean Street. I fix the time by his being arrested at 3. 55; one of the men with him was tall. I could not swear it was Ballard. Five or 10 minutes afterwards I heard prosecutor scream cut, "Stop thief, He has stolen my chain, " and the two men ran through the buildings followed by the prosecutor. English was running alone, followed by a tall man, and another running alter him. They went into Thrawl Street. I gave chase to the corner of Montague Street, when I saw English caught by a constable. I had not seen the prosecutor before his chain was stolen. I did not see Ballard caught.

Cross-examined by Mr. Hawtin. When Ballard was put up for identification I could not identify him.

To English. I did not see you snatch the chain.

Police-constable ALFRED PADDOCK, 179 H. On July 5, about four p.m., I was in Brick Lane, at the corner of Osborn Street, when I saw English walking along Went worth Street, about 250 yards from the buildings, keeping well under the houses with his cap pulled over his eyes and coat collar turned up. It being a warm afternoon it aroused my suspicions, and I followed him into Osborn Street and caught hold of him and said, "Tom, what is the matter; what have you got your collar turned up for? " He said, "I suppose I can have it up if I like." I told him I was not satisfied and I should take him back. I took him towards Franks, the last witness, when Franks said, "Governor, they have knocked a man down sad stolen his chain." I said, "What do you think of that, Tom? " Mr. Hawtin objected that this was not evidence against Ballard. Held that as evidence against English it could not be excluded, although it was not evidence against Ballard.

English replied, "I am always getting wiped up for someone else." I took him through Wentworth Street and Thrawl Street, when we met Police-constable Willis; I spoke to him and took English on to Commercial Street Police Station, where he sat down. A few minutes afterwards prosecutor was assisted in by Willis. As soon as be got through the door he said, "That is the villain who stole my chain." English made no reply.

Police-constable JOHN WILLIS, 333 H. At four p.m. I received information from the last witness, made inquiries, and learnt that prosecutor had been robbed of a chain. I found him sitting in a warehouse at 46, Commercial Street. He gave me a description of the man who had assaulted him and I assisted him to the station. I then walked back up Commercial Street to Duval Street, where I saw Ballard. I told him I should take him into custody as answering the description I had had given me by a gentleman of a man assaulting him in Flower and Dean Street. I did not say robbing him. He said, "You have made a mistake. I have been asleep in the lodging-house." He was taken to the station and put up with nine other men, one or two of whom were quite as tall as himself; prosecutor immediately picked him out without any hesitation. Franks did not identify him. Ballard is about 6 ft. 1 in. or 6 ft. 2 in. in height.

Cross-examined by Mr. Hawtin. I will swear that the man standing next to Ballard was of the same height as near as possible, judging by the eye. It would be about 4. 30 when I arrested Ballard in Duval Street. He was standing outside a lodging-house with several other men chatting. As I walked down he crossed the road away from the others and walked away. He seemed quite unconcerned. The description of Ballard was given to me by prosecutor as I was assisting him to the station.

Police-constable ROBERT AYERS, 463 H. On July 5, at 3.50 p.m., I saw the two prisoners (whom I knew quite well) in company with

two other men, in Commercial Street, opposite Spitalfields Church, going towards Flower and Dean Street. About 4. 10 p.m. I saw English in custody of Paddock. Paddock said to me, "If yon see long Ballard, bring him in."

Mr. Hawtin objected to this evidence. The Recorder. It is undoubtedly evidence against English, bat it dots not affect the case, and therefore I will not take it

Cross-examined. I am quite sure it was 3.50 p.m. when I saw the prisoners. (Deposition was read, "It was four p.m. when I saw Ballard; I am quite sure; I looked at the church clock.") I said ten minutes to four. The deposition has it that I said in chief "at four p.m. on the 5th of July"—I have made a mistake, no doubt. It must have been four o'clock. I was looking at the clock as I was proceeding to lead the children across the road. It must have been four o'clock.

Re-examined. I did not make a note in my book.

Statement of Ballard before the magistrate: "I think I have witnesses here, but they do not appear."

English: "I have nothing to say."

(Defence.)

THOMAS BALLARD (prisoner, on oath). On July 5, at about three p.m., I went to my lodging-house in Duval Street and sat down in the kitchen for about half to three-quarters of an hour and tried to get a sleep, but I could not as the place was so close. I then sat by the door talking to the porter Smith and another man for half an hour. I was afterwards standing at the door talking to some men outside. That was about 15 or 20 minutes past four. I then saw a man who works for Mrs. Carter and I went across the street and asked him, "Are not you at work to-day? " Two constables then arrested me, and one said he should charge me with having something to do with somebody who had stolen a chain. From three p.m. to the time of my arrest I remained in and just outside the lodginghouse. I have never seen the prosecutor and had nothing to do with the robbery. (To the Judge.) I was not with English. I have known him for three or four weeks—I know his young woman. When placed in the yard I was the tallest among the nine men who were put up with me. I was the first man among the nine. Prosecutor said, "You are the man" as soon as he walked into the yard. I denied it.

Cross-examined. I know Police-constable Ayers. He is mistaken in saying he saw me with English. While I was talking to the man who works for Mrs. Carter, the constables came up to me and said, "We are going to arrest you for being concerned in robbing a man of a chain." I told them I was innocent and went to the station. That was the first I had heard about a chain. I understood the constable to say, "Robbing a man of a chain"—he may not have said it. I know" he said, "Robbing a man." The lodging-house is 20 yards from Flower and Dean Street. Between three o'clock and

4.15 I had plenty of time to go to Flower and Dean Street, but I never left the place. I am 6 ft. 13/4 in.—with my boots on I should be 6 ft. 2 in. I was taller than the man who stood next to me. It must have been a quarter past four from the time I went into the station. It was five or 10 minutes to three when I went into the lodging house.

The Recorder suggested that the evidence as to what was said to Polios-constable Ayers was in Ballard's favour, and recalled Ayers.

Police-constable ROBERT AYEBS, recalled. (To the Recorder.) As Police-constable Paddock passed me with English in his custody he said, "If you see Long Ballard bring him in. "

Police-constable ALFRED PADDOCK, recalled. (To the Jury.) When I passed Ayers with English in my custody, I said to him, "If you see Long Ballard bring him in." I had not seen the prosecutor at that time. I had seen Franks. Franks had not given me any description. As I was taking English through Thrawl Street he was surrounded by a very hostile crowd, and, from the information I received from the crowd, and having previously seen Ballard in company with English early in the afternoon, I made up my mind the other man concerned in the robbery was Ballard. That is why I said to Ayers, "If you see Long Ballard, bring him along." I knew English and Ballard well, and had seen them together between two and three p.m. at the top of Flower and Dean Street, when I was on duty in Brick Lane.

The Jury asked what the remarks of the crowd were; question disallowed.

Ballard's name was mentioned by the crowd—the crowd was hostile to the prisoner.

CHILESBlown, 5, Tendy Street. I have been for seven yeans porter employed by Cressingham, lodging-house keeper, Duval Street, Spitalfields. I attend under subpoena. On Monday, July 5, I was in the kitchen all the afternoon. I know Ballard as a customer. I came back from dinner at three p.m., and saw Ballard sitting on a form in the kitchen. I went on an errand to Bax's at 4. 20; Ballard was there then.

Cross-examined. I was sweeping up and putting crockery away and saw Ballard there until 4. 20. I saw the time as I passed Spitalfields Church. There were a number of others there—there are 240 lodgers altogether; at 4. 20 there may have been 30; I could not give yon the names of the others. Bernard Kelly was there. I was frit asked to give evidence when I got my subpoena on July 22. I remember July 5 because I had to take a lot of coke in that day. Ballard has been has been a lodger for about nine months. He was not asleep. He was sitting in the same place all the time. The lodginghouse is three minutes' walk from the corner of Flower and Dean Street—about 100 yards. (To the Judge.) I did not see him asleep—he was trying to go to sleep—he looked as if he woke up out of a doze. After that he came and spoke to me.

BERNARD KELLY, Cressingham's Lodging House, Duval Street. On Monday, July 5, I remember seeing Ballard in the lodging house at about three p.m. sitting on a form just inside the door. He was

E

there talking to me till about 4.30. I went out then and had a glass of ale. When I came back I heard he was locked up—I had been away about two minutes.

Cross-examined. I would not be positive for a few minutes. There were other men there—Charles Brown, Thomas Smith, and several others—I daresay half a dozen. We were talking sitting on the form on the left of the door as you go in. He was sitting there the whole time. If Ballard says that he moved and was sitting first in one place and then in another there would be a mistake made.

THOMAS SMITH, Cressingham's lodging-house, Duval Street, butcher. On July 5 I came home at three p.m. and I saw Ballard sitting in the kitchen talking to two other men; he was there about 11/2 hours. At about 4. 30 I went down to the washhouse to wash and I heard at about five p.m. that he was locked up.

Cross-examined. I arrived at three p.m., made a cup of tea, and sat opposite Ballard. I did not see any coke being taken in. Bernard Kelly, Charles Brown, the porter, and two or three other men I knew were sitting there—about a dozen. Ballard was sitting in the same place on a seat that runs by the fireplace from the time I went in to the time I went out.

THOMAS ENGLISH (prisoner, not on oath). I was in Duval Street and I heard the people shouting out, "Stop thief." I went through Wentworth Street when the constable, seeing my coat collar up, stopped me. I would like my mother to be called to prove that the prosecutor was with a woman at the time his chain was taken from him. My mother has found it out since I have been under arrest. It would be something that somebody has told her.

Verdict (both), Guilty.

English confessed to having been convicted at North London Sessions, on December 4, 1906, receiving three years' penal servitude and two years' police supervision for larceny from the person, after five previous convictions. He was released on March 12, 1909, and has 266 days to serve.

Ballard confessed to having been convicted, at Worship Street, on February 7, 1906, of stealing a diamond from a public-house; at Guildhall, December 21, 1908, he received two months' as a suspected person; two other minor convictions proved. Said to have been doing work.

Sentences, English, 12 months' hard labour; Ballard, nine months' hard labour.

Mr. Hawtin asked leave to appeal on the ground that evidence bad been admitted as to what was said by persons in the crowd; leave refused, the evidence admitted being in the prisoner's favour, and the question purely one for the Jury.


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