The Proceedings of the Old Bailey

 

277.   CHARLES WALLACE,  ALFRED PARRY , and   ELLIS WRENCH , Unlawfully and forcibly entering a house in the possession of   George Monk, and expelling and removing him from it. Other Counts, for injuring, with other persons, the same house, and for conspiring with others to commit damage exceeding £5.

MR. CANDY, Q. C., and MESSRS. KEITH FRITH and SANDS Prosecuted; MR. GRAIN Defended.

  GEORGE MONK . I am managing clerk to Mr. Everall, a solicitor, of Devonshire Square, and live at 7, Paragon Road, Hackney—on 3rd February I went home about 10 p.m., and at a little after ten the prisoner Wrench came to the window and then to the door, and said, "Are you going to let us in?"—I said, "Certainly not, what for? My application to the Divisional Court is pending, and will be heard next week; I do not understand what you mean"—he said, "Well, you will b—well handy up, and we shall get in somehow"—I said, "If you attempt to break into my place you know what the result will be; you had better see me at Chadwick's in the morning" he said, "Very well," and went away—at a little after eleven I heard a knocking at the front door, and went to it, and Wrench again said he would get in somehow—my wife came out of the breakfast parlour, and Parry said, "What b——y cow is this?"—it is a corner house—I spoke through a hole as large as my hand in a broken window which opens on to the front area—about 12.30 or 12.45 I found there was a man at each door; they had leaped over a wall at the back, and there were two or three men at the washhouse door; I heard them talking, and there

were three or four at the back kitchen door—I saw all three prisoners at the back door, with Gleeson and Hewitt, and went to the w. c., over it I could hear then hammering and pulling the glass out only about a yard from me—I said, "If you dare to break into my house at this time of night I shall apply for a warrant against you, and you will have to suffer for it; you are all drunk"—Parry then took his coat off, and Gleeson put it over his head to protect it in putting it through the broken window—he is a very little man—when I went in they had hung a coat over the window—they were all at the kitchen door—I went into the kitchen, and warned them again, and then bolted the door, and said, "I am going to bed"—I put out the gas, and we looked through the blinds in the back parlour, which is over the kitchen, and could see them damaging the place—my wife was terrified, and my children were clinging to me; I have seven children and an aged mother of eighty, and they were all in a state of fear—when my wife looked out of the window Parry said, "Who the b—hell are you looking at?"—she said, "You, you vagabond; if you dare to break into this house"—he said, "Don't look at us"—I left her and my oldest son there, and went down to the breakfast parlour again, and heard a crash, and the whole woodwork came through—I opened the kitchen door, and found the three prisoners and two more in the kitchen, who we have not succeeded in arresting—I said, "Well, now you are in possession there is an end of it; you see what you have done'—I lit the gas, and saw them all under the light—they spoke to each other and said, "You did it;" "I did not do it; it is not my fault," all blaming each other—I said, "I shall apply to the judge to-morrow for a warrant against you"—I applied to Mr. Justice Day, and obtained an unconditional order for them to go out immediately, brought it back, and Parry said, "We will do for you if you apply for a warrant"—in the morning, when I was preparing the information, I said to Wrench, "You had better see what I am going to do, and what I am going to say"—Parry picked up some of the pieces which were wrenched from the side of the window, and I said, "You dare to touch any of that I will have the police here"—he picked up one of the pieces of wood with glass in it, threw it outside, and said, "You see what you have done; you did that in fighting us outside"—after they got in I said, "You are in now, and I have my remedy," and the police came and took their names and addresses—they asked if they might have a fire; Mrs. Monk said, "There is the coal-cellar, you can take the coals," and then they lit the fire—in the morning I went down at seven o'clock, and saw them burning part of the woodwork; there was a fire all night, and they were burning the sashes—this (produced) is the wood; this is where all the glass was picked out—I got the information in the morning, and: in the afternoon I applied to Mr. Bridge and obtained a warrant—Mrs. Monk had to go to the station for the police—the Sergeant said he should have to interfere if they did not behave themselves, and Wallace took his coat off and went upstairs after my wife, and said he was going to bed with her; she said if he came up he would get the poker, and she screamed—the two others have absconded—a similar bill of sale has been held by the Court of Appeal to be invalid—the company to whom I gave it was the Consolidated Credit and Mortgage Corporation, Great Tower Street, and then they altered the name to "The Consolidated Company";

the interest was 60 per cent.—I had paid it nearly all, and they claimed £40 as interest—litigation was actually pending at that time.

Cross-examined. I have had twenty-two years' experience of the law—Mr. Everett has been admitted since 1884; he comes to the office every day from eleven to five—I borrowed £30 from this company at first, and I paid all the capital, and it was renewed again, resulting in the bill of sale which led to these proceedings—my wife also signed the bill of sale; I did not read it, it was a printed form, and they would not alter it for me—I do not deny that when "Wrench came into possession it was a legal possession; I have nothing to say against him beyond this transaction, as far as I know he is a respectable professional man—I did not get him out by a trick; he said, "I am not going to stay here," and walked out—I did not provide him afterwards with his journey money backwards and forwards, so that he should not go into possession again, I only paid him 3s. 6d.; I did not give him any money; he was not there, he was taking his money from Chad wick—he met me at the Law Courts; not by appointment—I did not ask him to serve writs for me; but one day Mr. Binks gave him half-a-crown to serve a summons at Clapton—I did not expect he was to go into possession again at my place—this telegram is my writing: "Lock door; let no one in; not Wrench; home soon. Monk"—I sent that to my wife, because I thought after this order had been renewed, "Wrench might go into possession again—I said at the Police-court, "I did not send a telegram to my wife, telling her to keep Wrench out of possession. "but I remembered it afterwards; I said I did not send one from the Royal Courts—I went to Justice Penman's house and got a summons for an interim injunction; the injunction was refused unless I paid £52 into Court, or gave security—I went to Messers. Chadwick; I did not ask them not to do anything for a time—I gave notice of motion, which was heard before the Divisional Court and decided against me, and I was ordered to pay the costs, which I have not done; but I appealed on the 4th, and got this injunction from Mr. Justice Day on their breaking into my place—there was a summons, but it was adjourned sine die till the case of Hazlewood is settled—I am not a carpenter, but I should say the damage done to my place was £7 or £8 or more; the men trampled on the carpets and cut them with glass—I have not sworn that it was under £5—I have left it in the same condition—I have brought an action against my landlord, who has asked me to settle the matter, and it is practically settled; it is about trespass; he gave me notice to quit, and I paid the rent up to the date of the notice, and then he distrained for a quarter's rent and put a man in possession, who was in four days, and I brought an action—I had offered him the rent and he would not take it—I have not settled that—immediately he found he was wrong, lie withdrew the man—I made an exparte application, and the Judge ordered him out—that action is still pending—the prisoner was drunk—it was foggy at ten or eleven o'clock—I heard what the man said through the broken glass of the parlour door—I was perfectly sober—I did not expect anybody to come from Chad wick's; I thought they would let it be till the appeal was heard—I am fighting the bill of sale—I have brought an action to set it aside, on the ground that it is void—the panneling and woodwork is damaged and wrenched away, and the oilcloth cut to pieces by trampling on the broken glass; we had to take it away—three panes of glass were broken.

Re-examined. The first bill of sale was in 1887, and I renewed it about April, 1888, from the same company, the Consolidated Credit Mortgage Corporation—the third bill of sale was in October, 1888, with the Consolidated Company—the former company was in liquidation, and this company took over the assets, but not the liabilities—I saw the same person, Mr. Reynolds, in getting the first and second loans—I am fighting this in the bonâ fide belief that the bill of sale is void, and that I am entitled to have my goods; I paid enough for them—the interest is 60 per cent.—it is void because they claim 60 per cent, on the capital, and do not reduce it as you pay off your instalments—there is no foundation for the insinuation that I induced Wrench to go out by a trick or a fraud—he said, "I am off," and went away of his own accord—when I sent the telegram to my wife, I thought it possible he might come in—the door was open all day, as the children went in and out to the school opposite—the breakfast parlour window was slightly broken, about as big as your finger, and covered with brown paper.

MRS. MONK. I am the prosecutor's wife, and live with him and his mother and our seven children—on February 3rd, about 5 p.m., Wrench came and asked for Mr. Monk—I said that he would be home shortly—he said he would go to the station to meet him, but afterwards said he would meet him at the Law Courts next day—my husband came home about ten o'clock, and Wrench came again, and asked him to let him in—he said, "Certainly not at this time of night"; he used a bad expression, and said he had handicapped him, and he meant getting in somehow; that was at the breakfast-room door—there was then a knock at the back door; my husband went, and I followed him—he said, "Who is there?"—someone said, "Me Monk"—three men got over the garden wall from the street—I was very frightened; the men made a great noise, and used bad language—we went into the breakfast-room, and they were talking of hauling in the window; Parry said, "Go it, Charley! stick to it at the back"—I went into the kitchen afterwards, and he used a very filthy expression to me; they shouted to each other continually—I asked them to be quiet on account of the children, and they used filthy expressions to me and the children; their ages are from six to fourteen; they were very frightened, and crying; five of them were in bed—my husband remonstrated with the prisoners for the language they were using—I went to the back drawing-room window with my husband and my two sons, and saw five men in the garden, Parry, Hewett, and Wallace—Wallace was wrenching the garden gate—I distinctly saw five men at the kitchen door; a street lamp faces that door—my husband said to them, "Mind what you are doing; lam watching you"—Wallace and Parry made use of filthy expressions, the others did not use such bad language—I shut the window; my husband went into the passage, and I looked through the blind, and saw Gleeson take his coat off—I opened the door a little way, and listened—I heard them say, "You put your head through, Charley, and I will shove your legs through"—then they used a filthy expression, and asked me what I was looking at—I said, "I am looking at you, you scoundrel!"—I saw Gleeson with his coat over his head—there was a nail, with two flowerpots hanging to it—I said, "They are breaking in;" and as I was going downstairs I heard a crash—my husband was about three stairs down; he opened the kitchen

door, and went in from the passage, and lit the gas—I went in the kitchen, and found the five men there; they had broken through from outside—there was glass and wood all over the place; Parry picked up a piece of glass; my carpet was all spoilt; they had been spitting over it, and glass was trodden in—I went to the Police-station—I was very much frightened; it was nearly 1.30—a constable came back with me, and two sergeants and a constable were there when I got back—the sergeant took the names and addresses of the five men, and cautioned them, and the police went away—after that Wallace and Parry came towards the stairs, and said they were going to bed; I said, "You dare go up to my children and interfere with them! I will strike you with the poker"—the police came back in a minute, and said if they went upstairs, or interfered with me, they would interfere with them.

Cross-examined. I signed this bill of sale—I knew I was paying very high interest; I was thoroughly acquainted with what I was doing—I know nothing of whether it is void or not; I signed this account at the same time—I remember "Wrench coming in on 20th December to take possession—he came back about three times between that date and 2nd January; I thought he was there for the same thing—he remained half an hour, not quite so long, each time—we have a dog in the garden, not in the house; it is always loose—I think he must have been drugged that night, as he is very ferocious, and won't allow school children or anyone to come near the wall—I think he has recovered.

  FREDERICK AUGUSTUS MONK . I am the prosecutor's son, and am thirteen years old; I am a barrister's? clerk—on the night of 3rd February I heard a knocking at the front door, and heard Wrench, whose voice I knew, asking my father if he was going to let him in—my father said, "Not likely this time of night"—Wrench said, "We will get in somehow"—while my father was speaking to him there was a knock at the back garden door, at the other end of the passage; my father asked who was there; someone said, "Me"—my father said, "Who is me?"—no one answered—he said he would set the dog on him if he did not go away—then someone swore about it—I went into the kitchen, and I saw two or three men jump over the wall, and open the door which leads into the street, and let the other men in, and then two or three stayed in the garden, and two or three came at each door—there were six or seven in all—they made a disturbance—constables came—my father spoke to them from the front drawing-room window—when the men came I ran down-stairs with my father and mother—they said to my mother, "Who is that b——cow?"—they said to a man with his coat on his head, who was trying to get in, "Stick your head in, Charley, and we will shove your legs"—I was with my mother when she looked out of the window—Wallace asked her what the b——hell she was looking at—she said, "I am looking at you"—he said, "What right have you to look at us?" she closed the window, and we went out of the room, and heard a crash—my father, who was on the stairs, went down and lit the gas—all five men were in the kitchen; the prisoners were there—my father said, "Now you have come in you can stay"—then my brother went for a policeman—Parry took up a piece of wood that had been part of the window-sash, and threw it into the garden—three policemen came—I and my mother and sisters were frightened—I saw the wood burnt in the morning.

  GEORGE HAWTRY MONK . I am the prosecutor's eldest son, and am a solicitor's clerk—on the night of the 3rd my father came home after nine o'clock—I saw Wrench outside, having an interview with my father inside—I saw a lot of men in the garden, talking and using bad language—I afterwards saw the window-sash smashed—I heard one man tell another to get through, and he would shove his legs through—all three prisoners were round the window—I heard one of them call my mother a bad name—I thought they were rather muddled.

  JULIA WEBB . I am a widow, living at 54, Chatham Place, Wells Street, Hackney—I am a friend of Mr. and Mrs. Monk—about 11.30 on the night of the 3rd I went to their house—I saw seven or eight men in front of the house; the prisoners are three—they were very riotous—they followed me down the steps to the house—I was pushed by one—I told him not to insult me—Mrs. Monk spoke to me through a broken window, and I went away—I came back a third time, two or three minutes before one o'clock—I heard a breaking of glass at the back side entrance—I was in the yard when I saw a man getting in at the kitchen window—I heard a man say to him, "If you put your head through I will push your legs through"—they used obscene language—I afterwards saw the three prisoners and two other men in the kitchen—I asked them what they thought of themselves—they said they did not do it—I said, "You did do it, I saw you; I was outside"—the three prisoners were among those trying to push the man through the window; I have no doubt about it—it had been foggy earlier, but by this time it had cleared off, and I could see—I was about six yards off—they were very riotous outside.

  JOHN COMYNS (Policeman J 196). I was on duty about 10.30 p.m., and as I passed Mr. Monk's house he called to me from the parlour window—about twenty men were in the roadway, and Parry and Wrench and another man were in front of the house, and Wallace and another man at the back—Monk asked what they were doing—they said, "We are in possession, under a bill of sale"—Wrench said he had been in possession since 20th December, and showed me a warrant authorising them to go in—Monk asked me to eject the men from the garden—I said I had no power to eject, as they were in possession under a bill of sale—I dispersed the crowd—it was very foggy—they were not noisy—some woman was having an altercation with the crowd just before, and then she walked towards me and walked away—I was sent from the station after the entry—I saw the broken door; a cross panel was broken, and another pushed in—glass was lying on the carpet and chairs inside; it was trodden on by the time I got there—the prisoners had been drinking, but were not drunk.

Cross-examined. There was no noise when I was there; the crowd went away very quietly—I had no power to take part in it when I saw the warrant—Mr. Monk was quite sober—I could see the back window; the gas shines on t.

Re-examined. At one o'clock the fog had cleared off, and I could see the door then—I believed it to be an authority to enter peaceably; if I had seen a forcible entry I should have intervened.

  AMBROSE YOUNG (Policeman J 441). On 4th February, at 1.15 a.m., I was called to this house, and went in by the back entrance—I saw the three prisoners and two other men in the back kitchen—Mr. Monk said, "I

want protection against these men"—he pointed to the door and window, and said, "See what they have done"—I saw glass panels and the framework of the door smashed, and fragments of wood and glass inside and outside—the Sergeant came about five minutes after me, and took names and addresses at Mr. Monk's request—I left, and then heard a loud shriek from a woman—I returned with the Sergeant, and Mrs. Monk said in the prisoners' presence, "These men are trying to go upstairs; they said they were going to bed"—she was very frightened, almost crying—she seemed more hysterical than anything else—there was no difficulty in seeing six yards at that time; it was not so foggy as it had been—the men said Mr. Monk had broken the door trying to keep them out, but the pieces of wood were undoubtedly broken from the outside.

Cross-examined. They gave their right names and addresses.

  FREDERICK OLIVER (Sergeant J R 2). I was called to this house at 1.20, I think—I saw five men in the kitchen—Mr. Monk said they had broken into his house—I asked, "Why?"—they said under a bill of sale, and they said Mr. Monk broke the door himself—I said, "How?"—they said, "Keeping us out"—I said, "Was it necessary for Mr. Monk to use such force as to break his own door in keeping you out?"—they made no reply—they said, "The glass is outside"—I said, "No, it is all over the floor, and even on a chair standing by the table in the middle of the room"—I took their names and addresses, and went away—I heard Mrs. Monk scream; she was up one or two stairs, and seemed agitated, and said the men threatened to go upstairs to bed—they had every appearance of intending to go up, they were at the foot—they were the worse for liquor; I could not say they were drunk.

  THOMAS FORD (Sergeant M 10). At 9.30 on 5th February I went to a public-house in Bedfordbury, and arrested Wallace on a warrant, which I read to him—he said, "There was no forcible entry"—I afterwards took Parry, who said, "All right, I will go with you"—I saw Wrench arrested by Billinghurst at the address he gave—he said, "It is not true"—there was no difficulty about it.

MR. GRAIN submitted that the First Count teas framed for forcible entry under the statute, which only referred to lands and tenements, and there being no evidence that the prosecutor had any interest such as that contemplated by the statute, the Count should be withdrawn from the JURY ("Russell on Crimes," p. 404).

  MR. KEITH FRITH said it was a Count under Common Law. THE COMMON SERJEANT ruled that the Count must go to the JURY.

(The Prisoners received good characters.)

GUILTY .— Three Months' each, without Hard Labour.

Before Mr. Common Serjeant.