The Proceedings of the Old Bailey

 

299.   JOHN MILLIGAN (22),   SAMUEL MILLIGAN (19), and   GEORGE MARTIN (19) , Feloniously wounding   Henry Smeeth, with intent to murder. Other Counts, with intent to maim, disable, to do grievous bodily harm, and to resist their apprehension.

MESSRS. G. ELLIOTT and BIRON Prosecuted; and MR. LAWLESS Defended Martin.

  CHARLES HILL . I am a porter in the employment of the South-Eastern Railway Company, at Maze Hill Station—on 4th January I was on duty there, as a night-watchman; about 2.45 I heard a noise in the booking-office; I went towards the office, and saw a light inside—I could see into the outer office—inside the outer office there is the ticket-office—I looked in through the glass door, and saw two men come from the inner booking-office, the ticket-office, and one standing in the middle of the outer office—I can't say who the two men were—the three men then came out of the booking-office on to the platform; they came through the door where I was—I was standing close to them, about a yard off—the door was open; they passed me, and walked out quickly—it was light—there was a large lamp on the platform, just above me and them, and the gas was burning in the booking-office; they left the gas burning—I could tell then who two of the men were; they were John and Samuel Milligan—the third man came behind John Milligan; I did not happen to have such a good look at him as the others, but to the best of my belief Martin is the man; I am not quite so sure as I am to the other two; I did not see him quite so well—before they came out I said, "What game now? come out of it"—Samuel Milligan made an indecent remark, and then they came out and went towards No. 2 station, called the Subway Station; I followed them about half-a-dozen steps—I did not see Martin then, only as he came out of the door—one of them, I do not know which, said, "you had better go back, or it will be worse for you"—I then went to call the station-master, whose house was about two hundred yards off, and before I got there I heard the police-whistle blowing from the direction of the subway, the direction in which the prisoners had gone—I saw the station-master, and made a communication to him, and then went back to the booking-office; I heard, a scuffle and a call for help;. I then went again to the station-master, and told him to hurry up, and then I went through the station to the subway booking-office; that is on a lower level, under the railway, about eighteen or twenty steps down; I did not enter it; I did not notice anything about. it at that time—I went back up the steps to the down booking-office—I then noticed that the safe had been removed from the cupboard, and the till had been forced—about half-past eight that morning I went to the police-station, and in the charge-room I saw about seven men—I was asked to see if I could identify the three men who I had seen; I looked, and picked out Martin—I afterwards identified the two Milligans; they were put among other men; they were not among the first lot that I saw.

Cross-examined by John Milligan. Martin was the first I identified—Samuel was the second—I could not say whether you were put among

the same men as Martin was; I did not take particular notice of the other men—I did not notice anything unusual about your face; I did not notice any blood or marks—I noticed your general appearance-nobody told me where you were standing.

Cross-examined by Samuel Milligan. I aid not see you come in to be put among the men by the constable—I don't know whether you were put among the same men—I don't know how the men were arranged—I went out of the room, and came back again.

Cross-examined by MR. LAWLESS. I did not pick out a wrong man before I picked out Martin—I did not really pick out a wrong man—I said before the Magistrate that I went to a man, not Martin, and pointed to him, but that was not correct; my memory failed me; I was not in the Court when the inspector was examined; he made no statement to me—I went back into the charge-room three times—I went in first and identified Martin, and thinking I should find the other men in the room I looked along the line and there was a man somewhat resembling Samuel Milligan, and I half pointed to him; I did not actually pick him out; I did not touch him—I was not told afterwards that it was the wrong man; the man himself told me so—I said at the Police-court, "Martin is one of the three men I saw, to the best of my belief, he closely resembles him"—I said "to the best of my belief," not positively—I had never seen him before that night—I had not such a good view of the third man—there was a good lamp with two burners—they don't lower the burners at night; they are kept on full the whole night.

Re-examined. I did not pick out the other man for Martin, it was for Samuel Milligan.

  SAMUEL PARKER . I am station-master at Maze Hill Station—I left duty about half-past eleven on 3rd January—I left the booking-office on the platform locked up—I left the cupboard locked and the safe secure; there was £41 12s. 1d. in it—about 2.50 in the morning Hill came and said something to me; I immediately came out and heard a police whistle blowing; I went in the direction of it; there I saw John Milligan in custody of the police—I afterwards went back to the booking-office and found the cupboard broken open and the safe removed into the centre of the office, the till broken open and the contents stolen—I subsequently went to the other booking-office in the subway; a pane of glass was broken and the window prised up and two cupboards broken open; the till was open and nothing in it—no property was stolen from there; no property was left there—the money was in the iron safe in the other office; that safe was not broken open, but the till was, and 19s. 11d. taken—near the safe were these three housebreaking implements, a bit, or brace, a chisel, and an iron spike.

Cross-examined by Samuel Milligan. Hill only came to me once; he waited and knocked again, and I came down.

  ALBERT ACKHURST . I am a booking-clerk at Maze Hill Station—on the night of the 3rd January I went off duty at half-past twelve—my office if the booking-office on the down side; I left it looked up; there was 19s. 11d. in the till—I locked the door between the ticket-office and the booking-office.

  HENRY SMEETH (162 R). A little after two on the morning of Monday, 4th January, I was on duty in Woodlands Park Road—in consequence of something I heard I went to the subway booking-office—I heard a noise

like the forcing open of a tin box—I waited a little, the noise still continued—I heard a noise like the forcing of a door—I still continued there, and I saw a tall man getting over a fence about thirty yards further down the Woodlands Park Road—I would not swear to the man—when he got over the fence he stood there—Samuel Milligan got on to the fence and asked the tall man if it was all right—he said, "Yes, look at him sharp"—Samuel then got over into the road—I then saw Martin get on to the top of the fence, and he came over also; I was about thirty yards from him—it was like between the gas lamps; the gas was shining on them; I could see him pretty fairly—they all three stood there—I then ran tip-toe after them, and got pretty close to them—they saw me and they ran down Frobisher Street to the right—I went after them—they proceeded from Frobisher Street into Parker Street, and there I caught the tall man and Samuel Milligan—Martin then came running' back; he had got in front of us—I said to him that I was a police-constable—he caught hold of me round the neck and said, "Down him"; he pulled me down and Samuel kicked me in the right eye, and Martin kicked me in the left side of the head—the tall man was holding me down—I got out my truncheon, and struck the tall man on the head—they all three got hold of my truncheon and dragged me about eight or ten yards on my back—my truncheon strap broke, and it was twisted out of my hand, and the tall man beat me unmercifully about my head—then they all three ran away—I got up and blew my whistle, and ran after them—the tall man came back and said, "Go back, you b——," and hit me on the head—I fell down unconscious, and I then staggered up and saw the tall man and Samuel run to the left towards Edward Street, past the subway booking-office—the tall man and Samuel went towards Edward Street, Martin ran to the right towards Frobisher Street—I could see which way they went as they turned the corner; I was not long unconscious then; I staggered up again and tried to blow my whistle again, but owing to the loss of blood I could not, and Sergeant Robinson came to my assistance and took me indoors and bathed my head—I remember no more till I became conscious in the Seaman's Hospital, where I remained till the 30th—on the 2nd of this month I went to the Police-station and saw a number of men—I picked out one man who I thought was Martin, but he turned out not to be Martin; Martin was not there then—I subsequently saw another set of seven or eight' men, and I picked out Samuel Milligan—there was another lot of men brought in—I went upstairs to the inspector's office while other men were brought out into the reserve—room—I walked round about three or four; I stood in front of Martin, and I put my hand on him—I cannot swear to the tall man—I have not done any duty since.

Cross-examined by John Milligan. There was a room full of men at your identification, I could not tell how many; there were a great number—I was not told to pick out a certain man—I would not swear to you, because you held your head down.

Cross-examined by Samuel Milligan. I picked you out by your face and your coat—there were other men there with light coats on; the fence I was you get over was seven feet high.

Cross-examined by MR. LAWLESS. It was nearly a month after this assault that I went to the station to identify the men—when I picked E 2

out Martin I was not told that I was wrong—I said he looked like the man, and I put my hand on him—I was taken out and went in again, I then picked out Samuel Milligan—I was then taken out and went in again, I then picked out Martin without any hesitation—when I pursued the men and caught Samuel and the tall man, they struggled a little—I said I was a police constable—they did not struggle very much, they did a little—it was while I was struggling with them that Martin came and threw me down, and then I was immediately beaten—the man I first picked out was somewhat like Martin.

Re-examined. When I saw Martin on the second occasion I had not the least doubt.

  JAMES TAPPIN (170 R). On 4th January, about 2.40 a.m., I was on duty in Walnut-tree Road, East Greenwich; I heard a police-whistle in direction of the railway—I ran in that direction; when I reached Edward Street I met Head, an engine-driver, and in consequence of what he said I ran towards Woodlands Park Road and met John and Samuel Milligan coming from the direction of Tasker Street—I was in uniform—directly I saw them, Samuel said to me, "There are two blokes gone that way, governor," and with those words he rushed towards me and knocked me in my left eye, and knocked my helmet off, and John immediately struck me on my head with a bludgeon; it drove me to my knees—I got up and ran after them, and attempted to take Samuel—he hit a blow at my face, and John struck me on the head again with a bludgeon and knocked me to the ground—I blew my whistle and called out for assistance—I picked myself up and walked back to Edward Street—I saw Head, and asked him to accompany me to the station—I saw John and Samuel Milligan again, walking in the direction of Deptford, and as I caught up to them a second time Easton came up in his shirt—I lost sight of him directly—I went with Head to Trafalgar Road, and I there saw the two prisoners on the opposite side of the road in front of me, walking towards Deptford away from me—I saw an inspector in the act of meeting them, and I called out, M Stop those two men, sir!"—he stopped them—Samuel ran away—the inspector said to me, "Run after that man!"—I said, "I cannot; they have assaulted me"; I was then very weak from loss of blood—eventually we held John; he struggled to get away, so I struck him several times with my truncheon on the left arm—assistance arrived, and he was taken to the station—I had my wounds dressed and went home—before I went home Samuel was brought to the station, and I identified him immediately—I have not been able to resume duty since.

Cross-examined by John Milligan. You were walking towards Deptford when I came up—you were not talking to the inspector; you were close to me; I had not the least hesitation about you—I did not hit you across the ear with my staff; I helped to hold you till assistance arrived—I walked behind you to the station.

  GEORGE HEAD . I live at 12, Eton Street, East Greenwich—I am an engine-driver on the South-Eastern Railway—on the morning of 4th January I was returning home about ten minutes to three, and when I was in Edward Street I heard a police-whistle blowing; shortly after Tappin came running past me; I spoke to him, and he went on—I still heard the whistle blowing—I saw Tappin against the subway booking-office in Woodlands Park Road; the two prisoners were coming towards

Vanbrugh Road, Tappin following them—I did not see what took place—I went up to Tappin, with Thames Constable Easton, and saw the two prisoners there—Samuel had a staff in his hand; he was going to hit the inspector, but he put up his arm and saved the blow—this was at the Maze Hill booking-office—the two prisoners got away—I took Tappin to the top of Edward Street, and I saw the two Milligans come along Trafalgar Road, near the church—I saw Inspector Weidner there; John was near the church railings, and Samuel was near the road; we called out for assistance; Weidner caught hold of John, Samuel got away—I went to the Police-station with John—I was at the station when Samuel was brought in, and I identified him as the man that I had seen with John, and who had the staff in Edward Street—I am positive to both of them.

Cross-examined by John Milligan. When I saw you with Inspector Weidner you were not talking to him; another constable took you to the station, not Tappin—I can't say who hit you across the head and arm—I can't say that you were hit; I was looking more after you, to see that you did not get away—Tappin was not able to assist in taking you to the station.

Cross-examined by Samuel Milligan. The first time I saw you you had the staff—you were not talking to the inspector when I came up; you were with your brother.

Cross-examined by MR. LAWLESS. It was about ten minutes' walk from the station that the assault I saw took place—there was not a considerable crowd; there were several people walking about.

  WILLIAM EASTON . I am an inspector of the Thames Police, and live at 15, Eton Terrace, East Greenwich, near to Maze Hill Station—shortly before three in the morning of 4th January I was at home in bed—I was awoke by cries and whistles—I jumped out of bed and ran to the street-door, and about twenty yards to my right I saw the two Milligans striking Tappin and beating him about the head; Tappin had his arm up trying to defend his head—I only had my shirt on; I ran towards the prisoners—John struck me a heavy blow on my head; I noticed that he was bleeding from a previous injury, a little blood, not much—I then turned to engage with Samuel, but before I was able to bring myself erect he raised his arm with an instrument like a small iron bar and tried to hit me on the head—finding they were desperate characters, I went indoors and put on my trousers and came back; the men had then escaped—I fell in with another policeman, and we went into Trafalgar Road, and looking towards Christ Church I saw several men coming along, and Inspector Weidner had John Milligan in custody; I identified him—I assisted Tappin to Park Road Station, as he was very weak—in ten or fifteen minutes another constable arrived with Samuel Milligan in custody; I identified him—I had a good opportunity of seeing their faces; the assault on Tappin happened within a few feet of a public lamp.

Cross-examined by Samuel Milligan. You were not put among any men to be identified—Tappin had no staff in his hand, nor any helmet on, his face was covered with blood; he had nothing in his hand.

Cross-examined by John Milligan. I did not see anybody assault you.

  GEORGE WEIDNER (Sub-Inspector R). About ten minutes to three on the morning of 4th January I was on duty in East Greenwich—I heard

Police-whistles in the direction of Vanbrugh Road; I went in that direction, and by Christ Church I saw the two Milligans walking from the direction of Greenwich towards me—I stopped them, and asked them if they had heard a policeman's whistle blowing just now—they replied no—I said, "Where are you going?"—they said, "Home"—I said, "What is the matter?" at the same time catching hold of them, and pushing John against the church railings—they struggled to get away—at that time I heard footsteps, and Tappin and Head, the engine-driver, came out of Edward Street—I recognised Tappin's voice: "Those are the two men; hold them, sir"—I said, "Come and catch hold of this man, "meaning Samuel, and as Tappin was stepping on the pavement, Samuel released himself, and ran—seeing Tappin's condition, I asked Head to assist him in holding John, while I ran after Samuel—Tappin asked Head to take his truncheon out of his pocket, which ho did, and Tappin struck John Milligan several times on the loft arm, but he was so weak from loss of blood that his blows had little effect—John was struggling at the same time, saving, "I am not the man; you have made a mistake"—Tappin and I took him towards the station—we were met by a constable, and Tappin was relieved, and eventually we took John to the station—on the way he struggled, and someone from behind struck him on the head—I don't know who it was—I turned round, and said, "Don't hit him again"—we took him to the station, and sent men to scour the neighbourhood—shortly afterwards I met Samuel in custody of 518, who was injured, and I recognised him as the man who had escaped from me—I afterwards received from Hill a description of three men who he had seen in the booking-office, and I set Jarman, 294, to watch the address given by the Milligans—I afterwards went there with Inspector Hocking, where I saw Martin—as he answered the description given by Hill, he was taken to Park Road Station—afterwards, in company with necking, I searched the address of the Milligans—we found a safe broken up, and a miniature safe, the subject of another charge—I went back to the station—Martin was placed with a number of men in the library, and Hill was sent for, and was told to go in and see if he identified anyone there that ho had seen in the booking-office—he went into the library, and looking as the men stood, from the left to the right, when he got to Martin he went and touched him—he thon took a step back, and looked along the line, and at the far end of the line ho pointed to a man—I said, "That will do; come this way"—when he got to me I said, "Have you any doubt about the man you have touched"—he said, "None whatever"—that man was Martin—John Milligan was then placed among the men, and Hill identified him—Samuel was afterwards placed with men, and Hill identified him—they were all three in the inspector's office charged, when Martin said, pointing to Hill, "That man has made a mistake"—I searched them—on John Milligan I found 4d. in bronze; on Samuel, in his outside coat pocket, 5s. in bronze, and in one trousers pocket a sixpence and a cent piece, and in the other trousers pocket 3s. in silver—on Martin I found 1s. 6d. in silver and 6d. in bronze—I thon went to the railway station and found a chisel, a brace, and an iron bar—I examined the promises, I found that the window of the subway or No. 2 booking-office had been broken, the catch had been pushed back and un entry effected in that way—two drawers in the outer office wore broken

open, and the marks on one of the drawers corresponded with this chisel—in the down booking-office I found they had got in at the front door by a key, they must then have climbed over the partition which separates the ticket-office from the booking-office, and forced open a cupboard, the marks on which corresponded with the chisel; the safe had been taken from the cupboard and placed in the centre of the ticket-office, it was not broken open—the till was empty.

Cross-examined by John Milligan. I first saw you when I stopped you against Christ Church railings—I was talking with you about two minutes—Tappin and Head came out of the street almost opposite—you struggled to get away, but did not strike me—Samuel released himself before Tappin got up to us—I did not see any blood upon you—at the station Martin was the first person to be identified, you were the second, and you were put among the same men, but I believe the position of the men had been changed; I did not hare the arrangement; you were all three put among the same men—there was a little blood upon you at the identification; not much—I did not notice any swelling about your head; there was some on your ear; your ear had been plastered up—the men you were put among were-working men—they all had hats on—I could not say whether they wore caps or hats; to the best of my recollection they were all black hats, like you were wearing—there was nothing about your appearance that made me suspicious—when I heard the whistling I made up my mind to stop the first person I met—I did not notice any sign of a struggle about you—I did not notice the blood till I got to the station and saw your ear bleeding—the blow you had on the head did not sound like one on the ear—Tappin struck you on the arm several times; they were not very heavy blows, he was too weak—we were about a quarter of a mile from the station when I took you.

Cross-examined by Samuel Milligan. You attempted to get away before your brother was hit—I said nothing about charging you before Tappin said, "Stop them"—I caught hold of you by your coat, and Tappin fell on to you—ho had not got his staff out.

Cross-examined by MR. LAWLESS. When we were taking them to the station a crowd collected, and they showed violence towards them; there was not a considerable crowd, because I had sent most of the men to search the neighbourhood for the other man—when I found Martin in the custody of Jarman he was in the street where the Milligans live—I believe Jarman said, "This man has come up to call the Milligans, and I stopped him"; that was all that was said—Hill did not point out another man till after he had identified Martin.

By the COURT. After he had touched Martin he took a step back and looked farther along the line, and he pointed to a man at the end of the tow; he did not say anything, nor when he pointed out Martin; he touched him and then came away—the other man was not anything like Martin.

  JOHN INGRAM (518 5). A little before three on the morning of 4th January I was on duty in Micenia Road, Woodlands Park—I heard a police-whistle, and shortly after I saw Samuel Milligan coming over the railway bridge towards me from the direction of Maze Hill Station in the direction of Vanbrugh Park—I asked him if he had heard the police-whistles blowing—he said, "No"—I asked him what he was doing out at that hour in the morning—he said he had been boozing about since

eight, and then had a cup of coffee—I asked him where he got his coffee from—he said, "Down the road"—I noticed that he was agitated and carrying a dirty white handkerchief in his right hand—I took hold of his hand and examined it by the aid of my lamp, and I noticed blood on the back of it, also on the cuff of his coat—I said, "There is something wrong somewhere, and I think you know something about it," and I took him into custody, and took him to the station.

Cross-examined by Samuel Milligan. You had no chance of escape; you attempted it in Vanbrugh Hill.

  LLEWELLYN JARMAN (294 R). About four in the morning of Monday, 4th January, in consequence of instructions from Inspector Weidner, I went to 51, Addy Street, where the Milligans lived; I waited there till about six, when I saw Martin come there; he was going towards 51—on my approaching him he said, "I am not one of the Milligans; my name is not Milligan"—I was about three or four yards from the door, watching the house—I did not speak to him first—I said, "What makes you say that?—he said, "I thought the Milligans was in trouble"—I said "what makes you think that?" he said, "I don't know"—I said, Where are you going now?"—he said, "To call the Milligans up to go to work"—I said, "When did you see Milligan last?"—he said "I saw Samuel in the Broadway, Deptford, at nine o'clock Sunday evening"—he afterwards said, "Eight o'clock"—I said, "I shall take you to the station on suspicion of being concerned with the two Milligans in assaulting the police at Maze Hill"—he said, "You can't bring it home to me, as I was in bed at the time"—he was then taken to the station—at the station he said, "I can prove that I left Samuel Milligan in the Broadway, Deptford, at eleven o'clock on Sunday night"—I had seen Martin on two occasions before this in Samuel Milligan's company—I had received a description of Martin from Inspector Weidner before I saw him on the 4th.

Cross-examined by MR. LAWLESS. Martin lives about three-quarters of a mile from the Milligans—I could not say whether he and Samuel Milligan work at the docks—I have not ascertained that they work there together—I did not first say to Martin, "Where are you going?" and that he then said, "I am going to call at the Milligans"—he spoke to me first—I took a note of the conversation soon afterwards at Black-heath station, the same day—Inspector Weidner came up just after we had finished the conversation—I said to him, "I am going to take this man to the station; he answers the description;" and he said, "Yes; take him down"—two constables took him to the station—I remained with Weidner—to the best of my belief I did not say to Weidner, "This. 1 man came to call for the Milligans"—I have a pretty fair memory—this was about the time that labourers go to work—when he came towards the Milligans house he was coming in the direction to his own house.

  ARTHUR JERVIS , M. B. I am house surgeon at the Dreadnought hospital, Greenwich—on 4th January, at four a.m., I was called to Police Constable Smeeth; I found him unconscious, bleeding from several wounds in the head; his skull was covered with blood; he must have lost considerable amount of blood; his clothes were saturated with blood; he was suffering from concussion—he remained unconscious about twenty hours—he had five wounds on his head and face, varying from about half an inch to three inches in length, three of them down to

the bone—the whole of his head was bruised—he had a cut over his right eyelid; both eyes were black—the wounds down to the bone were done by a blunt instrument, such as a policeman's truncheon—the wound over the eye could be caused by a kick from a boot; it was too much under the eye to be hit by a truncheon—after he became conscious he became delirious for about two days—he remained with us about a month—for some time his life was in danger; the injuries were very serious; it will be some considerable time before he is able to resume duty; he had concussion of the brain, which sometimes affects the memory; not often.

  ALEXANDER FORSYTH . I am a divisional surgeon, of 12, Park Place, Greenwich—on 4th January, about half past three a.m., I saw Tappin at the station—he was covered with blood, and was in a very weak and excited condition—he had a large cut on the left temple, about an inch and a half long, and on the left side of the head; he was also in a bruised condition, the scalp had been rendered almost pulpy—the left eye was bruised, and there were other bruises about him of minor importance—the blows were such as would be caused by a truncheon; they were bruised wounds caused by a blunt instrument rather than a sharp one—there must have been considerable violence to have caused such wounds; he is still unable to resume his duty.

Cross-examined by Samuel Milligan. The washing and dressing of his wounds took about half an hour or more—you were present at the time—it did not take nearly as long to dress yours.

The prisoners' statements before the Magistrate. John Milligan:" I will swear Martin was never with me or my brother Sam; we were having a walk by ourselves, and had nothing to do with it at all." Samuel Milligan: "I left Martin at a quarter to eleven on Sunday night to go home, and I never saw him any more till in the Police-station next morning. Me and my brother were walking, and got took in custody, and I never knew the charge till at the station." Martin: "I am not guilty of this charge."

The following Witnesses were called for the Defence of Martin.

  GEORGE MARTIN . I live at 5, Hyde Street, Deptford, and am a coach painter—I am the prisoner's father—I heard on Monday evening, 4th January, of his arrest—he lives with me—the previous night he returned home just about eleven; I let him in—he sat down to his supper, and then went straight to bed; it was very little after eleven—he sleeps on the first floor—I have the whole house—I went to bed at half-past one, I know he was in bed then—I do not sleep in the same room—I got up next morning about eight o'clock; I heard no more of him till about seven o'clock that evening—he works at the Surrey Commercial Docks—he usually starts out at ten or fifteen minutes to six—I call him generally about half-past five—I believe that Samuel Milligan works at those docks, I do not know it.

Cross-examined. I know my son has gone to work and come back with Milligan, and I know Milligan has thrown stones at the window in the morning, and I believe my son has called him if he has been out first—I know my son was not out that morning at five o'clock; I am sometimes up at five, but this morning I was not up till eight—I did not know he had been spending the Sunday evening with the Milligan—I had told him I thought they were not fit for his company, because

people gave them a bad name—I don't know that he was a particular associate of theirs; he was obliged to be with them because of working with them—the latest at which I saw him was at one a.m., when he was in bed—we all sleep on the first floor—we bolt the front door and fasten it up—anyone coming downstairs could unbolt it and go out—the key is never used—I sat up that night because my daughter was out to tea and supper, and her intended brought her home about half-past twelve, and we sat talking till one o'clock—it is my rule to look in my son's bedroom when I go to bed, to see that the lamp there is not too high—we burn lamps in both rooms because of the children—I went in and saw him at one o'clock.

Re-examined. I bolted the front door before I went to bed.

  MARIA MARTIN . I am the prisoner's sister and the last witness's daughter—on this Sunday night I came in at twenty minutes past twelve—about half-past twelve I went up to my youngest brother, who sleeps in another bed in the same room with the prisoner, and who was sick—I sat on the bed the prisoner was sleeping in—when I left the room it was just turned one, and I went downstairs to go to bed myself—my father was still up.

Cross-examined. I have six brothers sleeping in that room, three in each bed—I know they were all there—they never cover up their heads—I know the prisoner was there, because I was sitting just at his feet with the child in my arms—my attention was given to the child—I believe my father went in the room as I went downstairs.

  ALFRED MARTIN . I am a painter, and a brother of the prisoner—I work with my father—I slept in the same room with the prisoner—on this Sunday night I went to bed at ten o'clock—the prisoner came into the room soon after eleven, and came to bed—he sleeps by my side in the same bed—I woke up once in the night, and he was at my side then—there are two beds in the room, and three sleep in each bed—I was awake next morning when my father called him up—he is in the habit of leaving at twenty or fifteen minutes to six.

Cross-examined. I sleep in the middle of the bed—it was not dark when I woke; we have a lamp—I could not see the time.

  WILLIAM MARTIN . I am a brother of the prisoner—I am a telegraph clerk in the South-Eastern Railway Company's employment at Rotherhithe Road—I sleep in the next bed to the prisoner, in the same room—on this Sunday night I went to bed about ten—I did not see him come to bed, but next morning I saw him in bed between half-past four and five; father called us both up, and I went downstairs to wash, and took him back the light—that is my usual hour—I have to be at Rotherhithe at six.

Cross-examined. It was nearer four than five when I saw him.

  JAMES HARRIS . I am a dock labourer, living at 3, Burleigh Street, Greenwich—on 4th January, between five and six a.m., I met Martin coming from his house, and about 500 yards from it—he appeared to be going to his work—I only know Toomey by seeing him along of John Milligan on the Sunday night about half-past eleven—I know his name to be Toomey—he is very fair; he is about the same height as Martin, and has got no whiskers—I remember seeing Toomey with Milligan* because we were all in the Royal Albert public-house, in New Cross Road, till turning-out time—that is about a mile and a half from

Maze Hill—I spoke to Toomey and Milligan that night—I don't know if Toomey is a dock labourer.

Cross-examined. He is a very fair man; Martin is not at all like him.

Re-examined. He is the same height as Martin, and has no whiskers, but he is an older man.

  STEPHEN GUMMER (Inspector Criminal Investigation Department). I do not know Toomey personally—I know that he is now in Canterbury prison waiting trial for burglary at Folkestone; he escaped from Canterbury after committal—before and on 4th January he was at large, and the police were looking for him.

John Milligan, in his defence, said that when he got home on the Sunday night about half-past eleven his brother was having a few words with his father and mother about his supper; that they went to a coffee-stall and then for a walk, and that they were speaking to Inspector Weidner when he was knocked* down by five or six persons and brutally assaulted, and next morning charged with a burglary, of which he knew nothing.

Samuel Milligan said that the witnesses knew they had made a mistake-as to identity, but as they must prosecute someone, they would not confess to—the mistake.

JOHN MILLIGAN and SAMUEL MILLIGAN— GUILTY .

MARTIN— NOT GUILTY .

JOHN MILLIGAN PLEADED GUILTY** to a conviction of felony in July, 1890. Inspector Gummer stated that he was a terror to the neighbourhood in which he lived.— Fifteen. Years' Penal Servitude.

SAMUEL MILLIGAN**— Seven years' Penal Servitude. The GRAND JURY and the COURT commended the conduct of the constables. The COURT awarded Smeeth £20, Tappin £10, and Easton £5.

There were other indictments against Martin for burglary and for assaulting a police officer in the execution of his duty. No evidence was offered for the-prosecution.

— NOT GUILTY .

Before Mr. Common Serjeant.