13th September 1880
Reference Numbert18800913-484
VerdictGuilty > unknown
SentenceCorporal > whipping; Imprisonment > penal servitude

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484. HENRY PERRY (24) , Robbery with violence on Clarence Lewis, and stealing two orders for the payment of money, and 97l. 14s. 2d. in money, the property of James Marriage and another.

MR. POLAND Prosecuted; MR. J. P. GRAIN Defended.

CLARENCE LEWIS . I am 18 years old, and am apprenticed to Mr. Barham, of the firm of Barham and Marriage, Grocers, of 14, Aldgate, and 70, High Street, Kensington—I was employed at the Aldgate shop, and on Saturday, 21st August, I was sent to Kensington to get the money from that shop—I got there about 9.30, and saw a parcel made up by the manager—it contained a cheque for 5l, another for 3l, and 97l. 14s. 2d. in cash—the silver was put in a bag, and the gold and notes were put into a bag again, wrapped up into one parcel, tied up, and given to me to take to 14, Aldgate—I put it in my left-hand trousers pocket, and went to High Street, Kensington, station—I had got a third-class return ticket—the

prisoner was at the booking-office door, and tried to catch hold of my arm—as I was in a hurry I passed him, and said "I should think you are cracked," and ran down to catch the train—I looked back, and saw the prisoner having his ticket clipped—he came down to me on the platform, and said "Don't you know me?"—I said "No"—he said "I am Perry, of Aldgate; I thought you were too proud to speak to me"—I said "No, I did not know you"—I then recognised him, having seen him at my employer's behind the counter—he asked me what ticket I had, and said "I am going first, will you go with me? I will pay the fare," and we both got into a first-class carriage—when the train started he looked over into the other compartment, laughed, and said that there were some girls there—we travelled on alone, and after we had passed one or two stations he asked me if I had ever heard about zoedone—I said that I thought I had seen the advertisement—he said "This is a sample, taste it; don't take more than half"—the bottle was full—it was like this (a one-ounce bottle)—there was no label on it—I put it to my lips, and took about one-eighth of it, and it effervesced to my nose and nearly choked me; it also made me feel sleepy—he then put some on a handkerchief, put it to my nose, and asked me to smell it—I did so—he saw me making wry faces, and asked me if I would have some port wine to take the taste out of my mouth, but he did not produce any—I said "I would rather not"—after that the train stopped, and a lady came in—that was, I think, the station before King's Cross—the lady got out at King's Cross, and we two were alone again—after the train left King's Cross the prisoner looked out at the window for some time, and said there were some green and blue lights, and asked me to look at them—I said that I did not want to—that was in a tunnel—I fancied I saw him turn round, and I turned round too, and saw something go up in the air, and felt a hard blow on the top of my head—I rolled on the floor of the carriage, and was senseless for a moment—he continued to hit me on my head—I tried to get up; he knocked me down again with the stick—he had knocked my hat off with the first blow—I tried to trip him up and to kick him, but he got farther from me, and continued to hit me with the stick, and as the train was stopping he knelt on my chest and gagged me with his hand—I pushed his hand away and called "Murder—thieves," twice—he throttled me by putting his hand across my throat, so that I could hardly breathe—I was on the floor of the carriage when the train arrived at Farringdon Street—I kicked, but could not attract people's attention—when the train started he hit me with the Stick again, and then he put it down and said "Where is the money?"—I said "I shan't tell you"—he searched my coat-tail pockets, and at last found the parcel in my left-hand trousers pocket, and I said "Take it, take it," thinking he would leave me alone—he took it out and put it on the seat, and commenced hitting me over the head again—I put my hands up to protect my head, and then saw him open the carriage door nearest the platform—he caught hold of my legs and cried "Come on, come on," but I caught hold of the leg of the seat and said "Don't pull me out, you will kill me"—he said "Come on, come on," and pulled my legs towards the door, but did not succeed in pulling me out, as I put my arm round the leg of the seat—he gave it up as a bad attempt, and began hitting me about the head again, but I put my head under the seat, and he hit me about the shoulders—the rail between Farringdon Street and Aldersgate Station is, I believe, underground—I was

still under the seat when the train arrived at Aldersgate Street—I felt that it was stopping; everything was quiet, and I put my head out and found that the prisoner was gone—I looked out, and saw him walking towards the tail end of the train, the wrong way—I went after him, put my hand oft his shoulder, and said "Stow that man; he has stolen nearly 100l. from me, and knocked me about with a stick"—Mr. Bell took hold of him and held him till an inspector came up—I was very much injured, and bleeding from my head—my hands were swollen—I saw him with the stick when he got into the carriage, and when he was on the platform he had the stick in one hand, and the parcel of money in the other—I had also in my pocket a brass padlock and these sleeve-links (produced)—they were loose, but I do not think they were broken—I also had a sovereign and a half-sovereign loose, but I Only found 1s. 6d. in my pocket at the hospital—in taking the parcel from my pocket he turned the lining inside out—I was in the hospital 10 days, and am still an out-patient.

Cross-examined. I Said "I think you must foe cracked," because not knowing him I thought he was playing some game with me; nothing beyond that—the train was moderately full—it was hot the last train—the carriage only Went half-way up, so that by getting up you could see into the other compartment—I did not near any body there—the small bottle was brought out before we got to Gower Street—the prisoner said that He used to take some of it in a glass of water, but he did hot say it was to stop diarrhcea or to Stop pain, simply as a drink—he did hot say that he took port wine and something else to stop pain—When he addressed me he asked if Emmott was coming—he is another assistant—he said that he wanted to speak to him about something—he did not say what—I said "If you will me what it is I will tell him to-night"—I think it was something about having a horse and trap hired—I was made Very sleepy by what I drank from the small bottle, but I managed to keep my senses—I sat with my back to the engine, next to the prisoner, who was next to the door on the alighting platform side—I think there is a bar across the window in the third-class carriages, but I do hot know whether there is in the first—he did not put his head far out, but so that he could see down the line—the stick was in his hand when he was looking out at the window—my hat was on—it was a hard brown felt hat—I was then at the other end of the carriage, not next to him—there was a gaslight in the carriage—I thought he was coming to sit down again when I saw something in the air—I have not got my hat now—I was without it when I alighted at Aldersgate Street—I have never seen it since—he Struck it right in the middle of the crown—it was rather low—I did not notice when it fell off—I was rendered insensible for an instant—I could have alighted at King's Cross after smelling the bottle, put I did not know what he was going to do—I thought he was playing a trick on me—he seemed to me to look out at the window for about two minutes, but I may be wrong—a number of people got but at Farringdon Street—I was on the ground, and he Was kneeling on my chest, out I could see them passing the window, and I called out "Murder!" and "Thieves!" twice—he was kneeling on my chest while the train was standing still in Farringdon Street—I am sure he opened the carriage door—it was the door nearest the brick arch of the tunnel, the door nearest to where we got in—he had taken the money before that—I did hot see him get out, because my head was under the seat about the middle of the carriage, but I was hot in a state to

see anything—I had the parcel in my hand at Kensington Station, and he wanted to know what was in it—I had told him that I came for the cash instead of Emmott—I am sure he did not say "Come on, give me the money" when he opened the door—he had the money before that, and he tried to pull me out of the carriage—he did not say "Come on" at the time he took the money—he said "Where is the money?"—it was in the tunnel that the door was opened, not just as you run into the station when the platform enlarges—it was some time before we got into the station that he opened the door—I am sure it was right in the middle of the tunnel.

JOHN BELL . I am a bricklayer of 37, Fernley Road, Balham—on Saturday night, 21st August, I was in the train going from King's Cross to Aldersgate Street—the train arrived there about 11.15 or 11.20—when I got out I saw the prisoner run along the platform—Lewis followed him, and said "Stop that man, he has stolen my money"—the prisoner had a paper parcel in one hand, and a stick in the other—my brother stopped him—he made same little resistance, and I helped my brother to hold him—Lewis said that the prisoner had robbed him, and stolen over 100l. from him—the prisoner said "No, I have not, it is my own money, and you must let me go; I know him, he is an old friend of mine," referring to Lewis—I saw him put the parcel behind him, and I told somebody to watch him to see that he did not pass it, and he either put it in his pocket or under his coat—he was taken in custody—I did not see what he did with the stick.

THOMAS BELL . I was at Aldersgate Street Station with my brother on 21st August—I took the prisoner first, and my brother assisted me to hold him.

HENRY HEARD (Policeman). I am stationed at Aldersgate Street—on Saturday, 21st August, a train came in about 11.6 p.m., and after it had left I saw a crowd on the platform—I went up and saw Lewis bleeding from his head—the prisoner was there with blood on his hands, back and front—he had a paper parcel—I said "What have you got there?"—he said "That is the man; he is a friend of mine; all right, I know him well," referring to Lewis—he had no stick then—I took him upstairs—the station inspector came, and Eve, a constable—the prisoner's parcel was passed to Eve, but I cannot say by whom—the prisoner said "That belongs to that man," pointing to Lewis.

Cross-examined. There is a bar across some first-class carriages, and others not—it is possible to open a carriage door on the platform side in the tunnel in some portions, but in others it is not.

Re-examined. You can open the door to some extent in any part of the tunnel between Farringdon Street and Aldersgate Street—that is all tunnel, and between King's Cross and Farringdon Street there is a long tunnel; some parts are open, but not much—the train had only just gone when I saw the crowd.

ARTHUR STICKLEY . I am inspector at Aldersgate Street Station—on 21st August, just as the 11.6 train had left, I heard somebody call out—I ran across the line, and saw a person holding Lewis's arm, supporting him, and blood was running down his face—the prisoner was about two yards away and I think Bell had hold of him—I said to Lewis "How did you come by this?"—he said "That man did it," pointing to the prisoner; he tried to give me poison or laudanum first, and then he tried to chloroform me, and after that he tried to murder me by beating me on the head with a stick

and he has robbed me of over 100l.," and that it took place in a first-class carriage—I said to the prosecutor "Do you know him?"—he said "No"—the prisoner said "Yes, you do; we are friends, and you know me; I have not robbed you; that is my own money"—I said "Are you sure you don't how him?"—he said "Well, he might have lived against me"—Lewis appeared very ill, and as if he could not stand—I said "Are you very ill?"—he said "Yes, I am very ill and weak"—the prisoner said "It is all right; I did not do it"—I said "How do you account for his being in that state?"—he said "He must have fallen down and done it himself coming along"—I said to Lewis "Were you by yourselves, or was anybody with you?"—he said "Yes, we were in a first-class carriage by our two selves"—the prisoner said "You must let me go, as I have not touched him"—I said "That will not be sufficient for me; I shall send for the police," which I did, and Eve came—I gave the prisoner in custody—I think I saw the prisoner give Eve a parcel, saying "That belongs to him," pointing to Lewis.

JOSEPH EVE (City Policeman 357). About 11.20 p.m. on 21st August I was called to Aldersgate Street Station, and saw Lewis bleeding from his head—he said "This man has beaten me and robbed me of over 100l."—the prisoner was being held by Bell and a railway policeman—I told him the charge—he said "Very well," and handed me a paper parcel, saying "That belongs to that man," pointing to Lewis—I took it, and afterwards opened it—it contained a 5l. cheque, a 3l. cheque, seven 5l. notes, 58l. 10s. in gold, and 3l. 4s. 1d. in silver and bronze—the prisoner's hands were smeared with blood—I searched him at the police-station, and noticed a stain of blood on his coat, which went through to his shirt sleeve; also a stain of blood about the centre of his shirt—I found two bottles on him, and a second class ticket from Kensington High Street to Bishopsgate Street, a handkerchief with blood stains on it, some duplicates, and 3s. 1d. in money—the charge was read over to him, and he said "I did not do it"—after he was locked up I asked him what the bottles contained—he said that the smaller one was zoedone, which was taken in water to make people deep, and the other was port wine and laudanum, which was taken for diarrhoea—I handed the two bottles to Float—I then went back to the station, searched the arrival platform, and found this stick standing up at the farther end behind an advertisement board—there was some blood on the knob, and one or two hairs—the blood was scarcely dry—it is a vine, I think—I went directly afterwards to the Mansion House Railway Station and saw a first-class carriage; that was about 1 o'clock; there was plenty of time for the train to have gone back—I found in it this part of a sleeve link—the carriage was a pool of blood; there was blood on the door, and the cushions were smeared with blood by fingers—the mat was stained with blood.

LEWIS WATSON . I am a railway porter at Aldersgate Station—before the 11.6 train went off my attention was drawn to a first-class compartment, and I got in and picked up two composite candles loose, not in paper—they had not been used, and were on the floor close to the door—I also picked up a sovereign, a penny, a small brass padlock, and a sleeve-link—the off-side door was stained with wet blood.

WILLIAM FLOAT . Eve gave me these two bottles on the morning of August 22, and I delivered them to Mr. Hayner.

OTTO HAYNER . I am a Fellow of the Chemical Society—I received these

two bottles from Float and analysed them—one contains pure chloroforms which, if inhaled or put in a handkerchief and put to a person's nose, Would send them to sleep, and if taken internally it might produce insensibility—it has a burning taste—the other bottle contains port wine mixed with laudanum—there is sufficient laudanum to produce insensibility if a considerable portion was drunk—it contained about two drachms of landanum; that would be suitable for diarrhea if taken in small quantities.

WILLIAM GRIFFITHS . I am a surgeon of St. Bartholomew's Hospital—Lewis was brought there on Saturday night, 21st August, partially insensible, and bleeding from five or six cuts on the top of his head at the back part, such as would be inflicted by a stick of this description—the injuries were not very serious—the backs of his hands were swollen and bruited—he is not quite well yet—clean-cut wounds on the head heal quickly, but not wounds like that.

Cross-examined. They were not deep or large.

FREDERICK TRENCHARD . I am manager at the Kensington shop of Barham and Marriage—I have been in the habit of giving the money to the apprentices who came on Saturdays—I have given it to Lewis and also to Emmott—on 21st August Lewis came and I gave him two cheques and the notes and gold—he left the shop quite Well about 10.30—the prisoner had boon in the service—I have seen him at our branch two or three times.

JAMES MARRIAGE . I am a grocer, of 14, Aldgate—the prisoner was in my Service from 15th April, 1879, to 8th May, 1880—while he was in my service I was in the habit of sending one of the apprentices from Aldgate to Kensington on Saturday nights to get the money—I was waiting for Lewis to return on this night—Emmott had gone before that, but only for two Weeks—Emmott was With me when the prisoner was in my service.

Cross-examined. I had every reason to be satisfied with the prisoner as far as his duties in the shop were concerned—I hear that hid mother is respectable; he has no father—the money was occasionally brought on Monday when I was away.

Re-examined. When he left me he did not go into any employment that I am aware of; he has not applied for a reference.

GUILTY .— Thirty Lashes with the Cat,and Twenty Years' Penal Servitude.

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