Reference Number | t18850420-532 |
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Verdict | Guilty > unknown |
Sentence | Imprisonment > penal servitude |
Actions | Cite this text Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 26 September 2023), April 1885, trial of JAMES GEORGE GILBERT, alias JAMES GILBERT CUNNINGHAM (22) HARRY BURTON (30) (t18850420-532). | Print-friendly version | Report an error |
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532. JAMES GEORGE GILBERT, alias JAMES GILBERT CUNNINGHAM (22) and HARRY BURTON (30) were indicted under the Treason Felony Act of 1848 for feloniously conspiring with other persons whose names are unknown to depose the Queen from her Royal name and style of Queen of Great Britain and Ireland. Other Counts for conspiring to levy war against the Queen, with intent by force and constraint to compel her to change her measures and to intimidate and overawe the Houses of Parliament.
The ATTORNEY-GENERAL, the SOLICITOR-GENERAL, with MESSRS. POLAND and S. WRIGHT, conducted the Prosecution; MR. J. B. LITTLE appeared for Burton, MESSRS. H. C. RICHARDS and DUKE for Cunningham.
GEORGE MANNING . I am night inspector at the Victoria Station of the London, Brighton, and South Coast Railway—I was on duty there on the night of Monday, 25th February, 1884—about 1 o'clock in the morning of the 26th an explosion took place there—I heard the report and saw that it had taken place in the cloak-room, the waiting-room, and the booking-office, which adjoin each other—the station was set on fire; there was an explosion of gas, the pipes having burst—that was after I heard the explosion—I remained on duty until noon, when Colonel Majendie came and inspected the premises.
GEORGE WOOD . I am in the employ of the Brighton Railway Company—after the explosion, on the morning of the 27th, I with others searched the cloak-room, and underneath the floor I found portions of two clocks and a kind of spring—I handed them to Eastmond, the ganger—I also found a quantity of copper metal, which I also gave to Eastmond.
Cross-examined by MR. LITTLE. We started searching about 7 o'clock or half-past on the morning of the 27th—I found portions of two clocks, I did not know whether it was two clocks or; not, very much damaged—one appeared to be a musical box.
WILLIAM JOHN EASTMOND . I am a ganger employed by the London and Brighton Railway Company—on 27th February last year I was engaged in searching the rubbish at the Victoria Station, 'Wood, was working under me—he picked up several things which he handed to me, and I handed them to Mr. Burt, my inspector—I saw some things found resembling tin, but it was not tin, it was harder than tin, it was some canister thing burst all to pieces—I gave that also to Burt.
Cross-examined by MR. LITTLE. I saw the things found under the floor—I superintended it all the while, I never moved away—the things were principally found under the floor.
Re-examined. The explosion had knocked the floor all down.
WILLIAM BURT . I am inspector of the permament way on the London and Brighton Railway—I was at Victoria Station on 27th February superintending the searching the rubbish, Wood and Eastman were there too—there was what appeared to be the spring of a clock, I handed it to Colonel Majendie—the pieces of stuff like tin were taken into the station superintendent's office—I gave some of those to Colonel Majendie.
Cross-examined by MR. LITTLE. The damage done was to the roof, flooring, waiting-room, and booking-office—the spring of the clock was found partly under the floor where the explosion had drove the floor down, where it had burst the floor—the spring was found about two feet beneath the level of the flooring.
JOHN JAMES LANGLEY . I am the cloak-room porter at the Ludgate Hill station of the London, Chatham, and Dover Railway Company—I was in charge of the cloak-room on Monday, 25th February, last year—
I remember this bag (produced) being brought there on the evening of that day, between 7 and 8 o'clock—it was handed to me in the ordinary way; 2d. was paid, and I gave a ticket—I don't take the names of the depositors—the bag being taken in, it was put in the ordinary way in the cloak-room with the left luggage—I see a large number of people in the course of a day, and I can't tell at all who left that bag—the bag remained in the cloak-room until the 3rd of March, the following Saturday—the day after the bag had been left I heard of the explosion at the Victoria Station, and on Saturday, 3rd March, I was sent for to the City Police Office, in the Old Jewry, and when I got there I was shown that bag, which I identified as the one I had taken in on the Monday—my superintendent, Mr. Bowman, was there at that time.
Cross-examined by MR. LITTLE. I am sure that I took that bag in, but I have no recollection whatever of the person that brought it—there is a pretty fair light at the counter where I take them in—the person who gave it me would have to wait some little time; I should go and make out a ticket, and then go back and give it to him; so that I should have two opportunities of seeing him, but I might not look at him at all—he would not have to give me his name, he did not—he did not ask me how how much it was, I don't think he spoke-I had an impression of the man at the time-I said at the police-court that I did not recognise either of the prisoners-I have looked inside this bag, I should think it was a new one.
HENRY BOWMAN . I am superintendent of the Ludgate Hill Station of the London, Chatham, and Dover Railway Company—on the morning of 3rd March last year, about 10 o'clock, I was sent for to the station; I went into the cloak-room—when I got there a porter named Stephen Holland called my attention to a bag—he left our service about two or three months after the occurrence, and we don't know where he is—I examined the bag and its contents, this is, it (produced)—it had been opened by the porter, but it was undisturbed—on the top, lying on some newspapers, I found the back plate of a clock—on lifting the newspapers I saw some cakes of dynamite, or rather I saw some cakes in brown oily sort of paper—there was found to be 45 separate packets; they were each marked "Atlas powder A"—that was printed on them—they are flat slabs—I had then heard of the explosion at the Victoria Station—I then went to the Bridewell Police-station, close by, and brought back to the cloak-room a constable named Taylor—I found the bag as I had left it—the cakes with "Atlas powder A" end the whole of the contents were put back into the portmanteau, and Taylor took charge of it and took it away to the Chief Office of the City Police, in the Old Jewry—I followed close on—later on in the day I saw Colonel Ford, one of the Inspectors of Explosives, and he examined the bag and its contents while I was there.
Cross-examined by MR. LITTLE. Holland was the cloak-room porter-Langley took the bag in; Holland was in charge of the room, and the only man there at that time—Langley was on late duty that week, he was not about there at the same time; one man is on duty early, till 2 o'clock in the day, when the other would relieve him—Langley was on duty at the time the bag was deposited; Holland was on duty when the bag was discovered.
JAMES MARSH RHODES . I am assistant to John Drew and Son, hosiers
and bag-sellers, 96, Fleet Street, City—this bag (produoed) I had in stock in February last year; I sold it across the counter about 20th February, from what I can remember—I can't say the exact day; it was on a Monday, about half-past 10 in the morning—I sold it to some man, the price was 10s.; he had a parcel with him, and he put that into the bag and took it away—my attention was called to this matter some time after the bag had been sold, by Constable Taylor—I have seen the two prisoners at Bow Street, and do not recognise either of them—I have no doubt that is our bag, there is one mark of ours in it.
Cross-examined by MR. LITTLE. I didn't take particular notice of the man—he came in and bought the bag and went away about his business—I said before the Magistrate, "I think I should know the man again"—I think I should, but of course the time has elapsed—it is a long time 18 months, he may have whiskers now and what not—it was a fortnight after I sold the bag that the constable came to me—at that time I was quite clear I should know the man again—since then one has a deal of business to do, the bag was sold and gone and I didn't think of it any more—if the man had come in himself and said "I bought this bag" then I should have known him—when I was examined at Bow Street I was clear it was not either of the prisoners.
HENRY TAYLOR (City Detective Sergeant). On Saturday morning, 3rd March last year, I was sent for to the Ludgate Hill Station-I went into the cloak-room and saw this bag on the counter-I saw that it was packed with some newspapers on the top; when I removed them I saw some little slabs with "Atlas powder A" printed upon them—I also saw some clothing in the bag and a tin case with a clock, and inside the tin case there was one of the slabs containing 10 detonators; they were stuck in with plastic stuff; they were in front of the muzzle of a pistol attached to the clockwork, and there were 45 slabs packed round, outside the tin—they were like this slab (produced) only not quite the colour, but that size, that is 4 inches by about 2 1/2 inches—when I saw this stuff I took charge of the bag; it was in the same state; there was one and part of another slab inside the tin case; the mouths of the detonators were facing the mouth of the pistol—I took the bag and contents to the City Police-station in the Old Jewry; I saw my Inspector first, and Colonel Ford came afterwards and examined the bag and contents—I then noticed the trigger of the pistol had gone down but not exploded the cartridge—Colonel Ford drew the charge from the pistol and also the detonators from the slab in my presence—he took charge of the pistol, the clockwork, and the detonators—I did not notice that the cartridge was blank, without a bullet—I took charge of all the slabs of dynamite—I also saw when these things were taken out of the bag a number of strips of paper, 47 altogether, marked "Atlas powder A," as if they had been stripped off other slabs; they were printed exactly in the same way as the others—I took charge of the various slabs and took them to Woolwich the same day in the bag; they were taken them for safety by the direction of Colonel Ford—at Woolwich I gave them to Sergeant Hindes of the Woolwich Dockyard Police; I left them in his custody—I took possession of the bag; it has been in my possession until I produced it at Bow Street—Colonel Ford carefully examined all the things—I noticed a mark on one of the handkerchiefs inside the bag: "Washington, S. H. Green & Sons" printed.
Cross-examined by MR. LITTLE. I was not the first person to examine the bag—it was open when I saw it—I saw the shirt that was there; there was no name on that—I presume that S. H. Green and Sons art manufacturers—there was no one skilled enough to know whether the shirt was American or English—I saw the 10 detonators; they were all the same size and make—I have not seen those found at Charing Cross-the hammer of the pistol was down.
JAMES SULLY . I am booking porter at the Paddington Station—I was on duty there on 25th February last year—at very near half-past 6 in the evening this portmanteau (produced) was handed to me by a person at the counter, who gave the name of Berry when he left it—I have my book here; the name is entered here—Mr. Hart, the station-master, came on the following Thursday—I unstrapped the portmanteau, and Mr. Hart unlocked it, and I saw the cakes which I ascertained afterwards was dynamite.
Cross-examined by MR. RICHARDS. The cloak-room is on the departure platform—I said before the Magistrate that the man who left the portmanteau was about 5 feet 5 or 6 in height, and a very dark-complexioned man—I said I was busy—I did not say I did not take particular notice—I don't think the entry to the cloak-room is dark; it may be in dark weather—a good many persona leave bags in the course of the day—my attention was not called to the person in any particular sense until after Mr. Hart had spoken to me—I dare say several hundreds of persons may have left parcels that day—I dare say I could not recognise every one that came there.
Re-examined. I did not say I had recognised any one—I said that Cunningham reminded me of the man by his having dark hair; and I said as I approached the window to take in the portmanteau the mas that left it turned his back to me, so I only had a momentary glance of his face, but I saw the back of his head, and he had very dark hair—I cannot swear to Cunningham—I can only say he reminded me of the man—I saw him at Bow Street, and it struck me he was like the man.
WILLIAM ALBERT HART . I am station-master at Paddington—two or three days after the explosion at Victoria Station I examined the luggage in the cloak-room at Paddington, and found this portmanteau, which was heavier than usual—I think I unstrapped it—I unlocked it at all events, and found 45 or 46 cakes of some kind of composition, moat of it in one compartment—on feeling it I felt something hard, and found this cash-box full of dynamite, and the clock in the centre-the dynamite was all round it—a pistol was attached to the clockwork, and a detonate was affixed to one cake of dynamite inside the cash-box—one or two of the cakes were labelled "Atlas powder A"—the size of the cakes was about 4 inches—the trigger of the pistol was connected with the clock-work, but the pistol had not gone off, nor had the detonators been exploded—my opinion is that the trigger was not properly set; it was too stiff—the hand was set for 12 o'clock, and the clock had stopped at 9—I do not understand it myself, but Colonel Majendie came and explained it to me—one of the newspapers in the portmanteau was the New York Sun of February 6th, 1884—there was a small label of the South-Easten Railway on the portmanteau, but no steamship label—I handed it with the contents to Colonel Majendie.
Cross-examined by MR. LITTLE. The middle flap was missing from the
portmanteau, and I believe it was found at the Waverley, and this tray also-it was not in the cash-box then—nearly a dozen detonators were found—I did not count them, and I saw no difference in their size or make—I only noticed this hand of the clock, which was set at 9—I did not notice the other hand, or examine the works—my opinion is that it was made by an inexperienced man, and it had stopped instead of going on—I am not familiar with clocks, but I am with machinery—I have been an engineer in Dorsetshire.
JOHN ATTWOOD (Police Inspector), On 28th February last year I saw this portmanteau at Paddington Station, and took charge of it, took out the packets of dynamite, took them to Woolwich, and gave them to the Superintendent.
JAMES WALLACE BUTCHER (Police Inspector). On Thursday, 28th February, Colonel Majendie examined this portmanteau at Paddington Station in my presence, and I saw the clockwork, pistol, detonators, and some cakes, one or two of which were marked "Atlas A," the New York Sun of April 8th, 1884, and an envelope addressed to Jack Donnithorn.
The two following witnesses were called at the request of the prisoners Counsel:—
LOUISA STERNHAM . The deposition of this witness was read to her as follows;—" I am the wife of Alfred Sternham, of No. 39, Ferdinand Street, Chalk Farm—in February last year I was servant at the Waverley Hotel, Great Portland Street, as housemaid—on Wednesday, the 20th February, 1884, a man came to the hotel and asked for a bedroom—he had one on the third-floor back, No. 5—he had a black bag with him—he stayed till the following Monday, the 25th—I attended to his bedroom all the time he was there—on the Saturday 1 found besides the bag he brought other small black one about 18 inches long in his room—it was very heavy—I had occasion to lift it, and it was always locked—I saw also in the room two overcoats, one was black and the other dark—the dark one had been torn up the back seam and sewn together again—on Saturday, the 23rd, another man came—he arrived in the evening, I think between 6 and 7—he had a bedroom on the first floor—he brought no luggage with him, but he said he had some luggage at the station and was log to fetch it on the Monday—he went out on the Monday, I was absent about an hour—when, he returned he brought a all portmanteau, about the same size and colour as the one now produced, a small black bag, and a rug—he took all these up into bedroom—in the first man's room I saw the inside of two cash boxes, the trays one larger than the other—I saw also some freshputty in the cupboard of the first man's room—I am sure it was not there before he took possession of the room, because I scrubbed the cupboard out before he came—the first man used to go up to his room very early in the afternoon, and spent nearly all his time there—he used to come into the coffee-room for breakfast and tea, but the rest of the evening he would spend in his bedroom—he left on Monday, the 25th, bout three in the afternoon—he told me he wanted some tea and he wanted it early, as he wanted to catch a train—he had it about half-past—he went away between 6 and 7—I saw him go—he took his luggage with him, the two bags and the overcoat he was wearing—he was earing one and he carried the other—he had been out in the morning not very long, and from the time of his return till the time of leaving
he was up in his room—after he had gone I found some crumbs like cheese, yellow, one tray of a cash box, and a little wooden box like the one produced, which I broke up and burnt—I found the tray of the cashbox under the dressing table—it was a day or two after handed to Inspector Swanson—I swept the crumbs up and threw them into the dust-hole—the second man left on Monday, the 25th—he was gone between 7 and 8 in the evening, when I went into his room—he paid for his room for Monday night when he had his breakfast in the morning-he did not return, nor the first man—the second man's luggage was gone when I went into his room—I found in his room a wooden box without a lid similar to the one produced, and the inside flap of a portmanteau, which is now produced—I found the flap under the bed—I threw it in the dust-hole—I used the wooden box for buttons, and aftewards handed it to Inspector Swanson—I saw him take the flap out of the dust-bin—the two men appeared before others to be strangers to each other—they hung their heads down, and did not look at each other, but I could hear them talking when I went to the coffee-room door, bat as soon as I entered they dropped the conversation—each paid every night for his room, and their meals as they had them so they paid for them—I have not seen the men since—I should know either of the men if I saw them again." That is correct.
Cross-examined by MR. LITTLE. Neither of the prisoners is the man who came to the Waverley Hotel—this portmanteau flap (produced) was found in the hotel, and I threw it into the dust-bin—it answers to this portmanteau, which is like the one in the room of the two men who were staying on the first floor—this cash-box tray was found in the top room (No. 5), in which the man who came first slept—this small wooden box (produced) is similar to one I saw in one of the men's rooms who were staying at the hotel, and after they left I used it for some time for keeping buttons—it is like the boxes which American clocks come over in, it has "Peep of Day" on it.
ELLEN SELLICK . This witness's deposition was read over to her as follows, to which she assented:—"I am the wife of James Sellick, the proprietor of the Waverley Hotel, Great Portland Street—the last witness was my servant—in February last year I remembered her giving me some putty, I gave that to Inspector Swanson afterwards—in the following May on turning over the mattress in No. 5 bedroom I found the tray of a cash-box; the smaller one of the two produced, between the bedstead and the mattress—I gave it to Inspector Swanson—I remember the Monday when the men left—the first left between 6 and 7 o'clock, and the other shortly after; I did not see how they left—my attention was called to the flap of the portmanteau the following Saturday after they left—I next saw the small brown portmanteau at Paddington Station.
Cross-examined. No doubt other persons slept in No. 5 bedroom between the 25th of February and the time in May when I found the tray of the cash-box—I only saw the portmanteau on the day the man came—the brown portmanteau the second man had, and I never saw it again till I saw it at Paddington Station, and I identified it—I only saw it for a few minutes when he brought it to the house—I should know the man again—I have not seen them since." Neither of the prisoners is the man I saw at the Waverley Hotel—this is the portmanteau and the flap.
GEORGE DANIEL NEWMAN . I am chief clerk in the South-Eastern cloak-room,
Charing Cross Station—on Monday, 25th February, 1884, I was on duty from the morning till 9 o'clock p.m. with an interval for dinner—the public can deposit luggage there by paying a small sum; we take no name or address, we put a number on the thing deposited and issue a corresponding ticket—on 25th February, 1884, about 11.2 p.m., this portmanteau was deposited in the cloak-room and a printed number 314 was placed on it, which is not on it now—no application has been made for it—I looked at it on Tuesday morning, February 26th, when I heard of the explosion at Victoria Station, but put it on one side in the same bin where it was before, thinking there was nothing suspicious about it, I thought it was a workman's lot—on Thursday, the 28th, sergeant Middleton showed it to me again in the cloak-room, it had been opened and the contents carried away—I can say positively that it is the same.
Cross-examined by MR. LITTLE. It was left in my office, but not with me, I cannot say that I saw it come—the first I remember of it is seeing it in the cloak room.
JAMES EDWABD CHAMBERLAIN . I am a clerk in the cloak-room at Charing Cross—the cloak-room is situated entirely under the hotel at one side—on the 25th I was on duty there at 12 o'clock midnight—I heard of the explosion at Victoria on 26th February, and on the 27th, Wednesday evening, I examined the luggage soon after 11 o'clock—I don't par-particularly remember if I had seen a portmanteau marked 314 on Tuesday, the 26th—I first saw that portmanteau on the Wednesday, I am quite sure there was one marked 314, this is it—I discovered it, it was then locked—its weight attracted my attention, it was very heavy on one side—it was strapped each side with a small strap, I got a key and opened it in the presence of Shepherd—I found an English newspaper, the Daily News of 21st February, 1884, and underneath the paper cakes of Atlas powder—I don't know how many cakes there were, I did not count them, there were a great number; one side was very near three-parts full—I found this part of an overcoat, I am chiefly guided by the buttons; these buttons were then on the coat, one has been cut off and others have gone since then like this, they were buttons of this character—I also saw portions of trousers and braces. I could only see part because they were under the Atlas powder; I don't mean there were half a pair of trousers there, I could only see a portion of the whole—these appear like those trousers, they seem to me to be the same—this seems to the same tin box which was covered with cobbler's wax and covered with the Atlas powder, I did not look inside it—I pinched a piece off one of the cakes, and in consequence of that I communicated with Inspector Briden, and it was left in charge of Sergeant Middleton and Inspector Briden—I was on duty on the evening of the Monday; I don't know whether the last witness took this portmanteau in, out of the great number of people we have during the day it would be hard to say—there is nothing to attach the taking in of this portmanteau to my memory except the 314 upon it, and that shows it was taken in on Monday, 25th February.
Cross-examined by MR. LITTLE. The first I saw of it was in the cloak room—I don't know who took it in—the number has since gone off—it was numbered 314, and stamped 25th February—it was on when it left my charge.
GEORGE SHEPHERD . I am a porter employed in the cloak-room, Charing Cross Station, and I was on duty there from 12 noon to mid-night
on 25th February—on Wednesday, 27th, my attention was called to this portmanteau—I am sure it had the number 314 on it—I was with Mr. Chamberlain when it was examined—it was then carried to the shed at the end of the station.
WILLIAM FREDERICK BRIDEN . I am platform inspector of the South-Eastern Railway at Charing Cross—on the night of 27th February, 1884, I was on duty there—Chamberlain fetched me, and when I got to the cloak-room I found the portmanteau—he had opened it, and I was brought to look at its contents—I found in it several cakes of what was marked Atlas powder, wrapped in paper, about 24 or 25 I should think; I did not count them—I removed several of the cakes and found a tin box lying in the centre of the portmanteau, and in the centre of the dynamite—I did not remove the tin-case—there was a coat in the centre of the portmanteau and trousers at the bottom—I noticed the buttons of the coat were very peculiar—these now before me are the same—in consequence of what I saw I sent to Bow Street for Sergeant Middleton—the portmanteau was taken to a small outhouse near the end of the station and locked up—I gave the key to the night watchman, and then Middleton came down, and I went with him and examined it the same night—the Atlas powder was taken to Bow Street—some one took off the portmanteau—I don't know who.
JAMES MIDDDETON (Sergeant of Police E 1). I am attached on duty to the Charing Cross Railway Station—on the night of the 27th I had gone off duty, and was at Bow Street—in consequence of what I heard I went to the station and to the outhouse at the end, where I found this portmanteau—I found some Atlas powder in it, this coat with buttons, and a pair of trousers with braces—I also noticed a tin box—I took some of the dynamite away—I tried it and found it burnt very fiercely—I left the portmanteau in charge of Sanders, the night watchman, and sent for my superintendent, Mr. Thompson—I and Inspector Husted were directed to take the portmanteau to Woolwich—we went with a four-wheeled cab, taking this and the contents with us—we went to the Arsenal and put it in a room there—it was strapped up—Colonel Majendie was then telegraphed for, and arrived about 8 on the morning of the 28th—we had replaced the cakes which we had removed in the same position as they were in when we took them out—in my presence Colonel Majendie examined the portmanteau and the contents, which were exactly in the same condition as when I first saw the portmanteau—I then saw the contents of the tin case—they were then as they are now—there was dynamite or explosive matter in the case then—a large, full-sized cake along here, a smaller one here, which had evidently been broken off and placed similar to this bit of paper, in front of the muzzle of the pistol, with several detonators fixed in it—there are none shown here now—I should think there were six or seven detonators in the cake, all in the vicinity of the pistol muzzle—these are similar detonators—this represents the size of the dynamite cake—Colonel Majendie called my attention to the hammer of the pistol—it appeared to have first gone off and stuck by the side—I cannot say if the cartridge had gone off—the canister was put into a pail of water—Colonel Majendie took possession of the clockwork and the detonators—the dynamite was conveyed to the Plumstead Marsha magazine—I accompanied it and left it there—I conveyed the portmanteau back to Charing Cross—I cannot say how this part about the lock
outside the portmanteau was torn up—I left it in the station-masters office—then Inspector Hagan arrived and took possession—nothing has been done to alter the portmanteau's condition while in my custody—I brought the same clothes back in it.
Cross-examined by MR. LITTLE. I was the third person, I think, to examine the contents of the portmanteau; I heard that Chamberlain and Briden had looked over it, and then I saw it—I did not look at the detonators carefully; they all seemed the same size and shape—I thought it was dangerous and did not disturb it—a little pin in the pistol against the detonator had struck against the side of the detonator into the Atlas powder and had not hit it fair like on the top but on the side—I also found some socks in the portmanteau; I did not examine them, and don't know if there was any mark, name or initial, on them, or if they were English or American make.
ALFRED SWIFT . I am a clerk in the station-master's office of the South-Eastern Rail way Office, Charing Cross—on 28th February Sergeant Middleton left in my charge this portmanteau and I kept it till Inspector Hagan took possession of it and took it away about an hour afterwards—it was opened by Hagan in my presence; it had been opened before; it was in the same condition as regards external condition and contents as when it came to me.
FRANCIS HUSTED (Police Inspector E). On Wednesday night, the 27th, or early morning of the 28th, Sergeant Middleton communicated something to me and I went to Charing Cross Railway Station, where I saw this portmanteau which had been opened but was closed when I first saw it—I examined the contents; there were about 45 cakes of Atlas powder; I saw the canister and part of the coat and trousers; I removed the packets of dynamite and then found a tin canister—I took the cakes out, but put them just as I found them, and then I communicated with my Superintendent, and I and Middleton took the portmanteau and cakes in the same condition to Woolwich; they were there locked up till Colonel Majendie came at half-past 8 next morning—I handed the key to Keevill.
Cross-examined by MR. LITTLE. I found some woollen stuff in the portmanteau similar to what is used for stuffing beds and mattresses, coloured wool, it was placed round and about the packets to keep it steady I believe—I don't see it there now.
JAMES KEEVILL (Inspector of Police, Woolwich Arsenal). On the 28th Husted brought this portmanteau to the Arsenal—I took charge of it and kept it till Colonel Majendie came—the contents are in the same condition as when it was brought to me.
CHARLES HAGAN (One of the Chief Inspectors of the Metropolitan Police), 0n 28th February I went to the Station-master's Office, Charing Cross, where I saw Swift and received from him this portmanteau; it had then half a coat in it, trousers and newspapers; the tin case with the machinery was not then in; the coat and trousers with the exception of one of the buttons off the coat are in the dame condition as when I received them—the button I cut off and sent round for purposes of identification and it was never returned to me—this is the same kind as was on the coat—I took it off and kept it—I received this tin case with the machinery in it on the 4th April from Colonel Ford—I showed this pair
of trousers to a working tailor named Taylor for the purpose of measuring them.
THOMAS EDWIN HINDES . I am superintendent of the Woolwich Dockyard Police—on early morning of the 28th Inspector Husted and Sergeant Middleton brought me this Charing Cross portmanteau, of which I had charge till Colonel Majendie examined it—the contents were in the same condition as when I received it—Colonel Majendie took charge of the explosives afterwards—I returned to Middleton the portmanteau and clothes; the rest of the Atlas powder, about 45 or 50 packages, weighing about 50lb., was conveyed to the Plumstead Marshes Magazine and destroyed—Inspector Attwood brought me down the same night 20lb. of the same powder, which met the same fate at Erith Marshes (From Paddington)—on 1st March Sergeant Taylor brought another 201b. of dynamite, 40 to 45 slabs, which were also destroyed (From Ludgate Hill), and on the 31st of May I had a small quantity from Major Cundell.
ELIZABETH BICKETT HERROD . I am wife of William Herrod, of Farndon, near Newark—I and my husband were steerage passengers on board the Donau from New Jersey to Southampton in February last year—the steamer arrived at Southampton on 20th February—it is a German boat which goes on to Hamburg or Bremen—I think there were over 300 German passengers—20 of us landed at Southampton—we left New York on the 9th I think—I know Burton well; he was a passenger on board that steamer and slept not four yards from us—he was on the top berth right-hand side and we were on the left—he could never go up or down the steps without passing our berth—I often saw him during the voyage—I landed at Southampton and went to stay at Day's Hotel-I saw Burton there; he had his dinner (we called it supper) at the same table as we had; he had beefsteak, we mutton chop—we left Southampton the next day, the 21st February—I saw Burton coming from the station as we were going away—he crossed over the road anil said "Are you going away?"—we said we were—we shook hands with him and he said he should not come till after next day or something like that.
Cross-examined. The same man that came on board with Burton all the way was with him that morning—he was not a bit like the prisoner—I have never seen him since—I should not think he had reached 30—he was a full-faced looking man—I did not hear his name—I never heard Burton's name till I saw it in the paper; they never called each other by name—I did not know he was the Burton till I saw him in the Court—if I saw the other man I should know him as well—I could not describe him.
Re-examined. When I first saw Burton again he was with a number of others and I picked him out.
WILLIAM HERROD . I am the husband of Elizabeth Herrod, the last witness—we came over together to this country in the Donau last year—I know Burton; I saw him on board—I was taken to Bow Street, where I saw him first again with a number of others—I pointed him out as the man who had come over with us—another man was with him.
Cross-examined by MR. LITTLE. There was another man with Burton on board—I might know him if I saw him, but I could not tell you what he was like—he was rather full faced and between 25 and 30 years of
age, about 5ft. 8in. or 10in. high; I don't think he was 6ft; I did not take very particular notice of his height.
THOMAS HENRY ADAMSON . I live at 32, Essex Street, Newcastle-on-Tyne, and am a brass finisher—in February last I was a steerage passenger on board the Donau, and arrived at Southampton on February 20th from New York, having been about 12 days on the voyage—I recognise Burton; he was a passenger on board that vessel—I saw him during the voyage many times—I did not know his name—afterwards we landed at Southampton—in March this year I came to London and went into a room at Bow Street where there were a number of people, among whom I saw Burton—I picked him out—I have no doubt whatever he is the man—I did not know his name nor the name of the man with him on board.
Cross-examined by MR. LITTLE. I had no difficulty whatever in recognising Burton when I saw him at the police-court.
THOMAS JENKINS . I live at 2, Stangate Street, Lambeth, and am a bootmaker—in February last year I came over from New York in the Donau, and landed at Southamptom—I sailed about the 11th, and arrived on the following Wednesday—there were a number of Germans, English, and Irish on board—I recognise Burton; he has altered a little since—he was a steerage passenger on board; I knew him by no name—I talked to him about every hour—he said he was coming to London, and was a coach riveter; he asked me where most likely he could get a job—I said "Long Acre is the market for coach makers"—I did not come to London with him—he had been in Cleveland, Ohio, America, understood from him, and that he belonged to Liverpool—I saw him after he landed at Southampton—I left Southampton on the Wednesday, he same day, at 5 o'clock p.m.—in Maroh this year I came to the Bow treat Gourt, and went into a room where there were a number of men, among whom I saw Burton; I saw him in a moment, and recognised him as the man who had been my fellow-passenger; his cheeks seem blown at a little.
Crost-examined by MR. LITTLE. I have seen people alike before now—was never doubtful—I said I would not swear, but I would know him out of a million—I said it was him or his brother—I do not know what is brother is like, but I have seen two brothers alike before now—I as on the steamer with the other witnesses; I recognise them too—I did not say at Bow Street I did not recognise them; it is a mistake.
ROBERT THOMAS . I live at Eldon Terrace, Southampton, and am a licensed porter at the docks—on Wednesday, February 20th, 1884, the Donau came into the river, and passengers came off from her in a tender—I saw three of them; Burton is one of them—I have no doubt about him—he was in the company of two men—Burton asked me it I could show him where he could get a wash and a dinner; it was between 12 and 1 o'clock—I took him to Mr. Day's, Terminus Hotel, near the station he was carrying a black American valise—Burton and one of the others went upstairs at the hotel—going there he had asked me if I could show him where he could buy a second hand portmanteau or two—I said I would show him after going to the hotel—I said when he came down-stairs at the hotel "This way"—we two went alone to Bennett's, 64, Oxford Street, a second-hand shop—in Burton's presence I said "This man wants buy a second-hand portmanteau or two"—Bennett took down from the
shelf a black portmanteau, and asked 7s. for it—Burton said it was too much, it was all in pieces, and got it down to 3s. 6d.—there was no hasp on it and no key—Bennett said he could have a chain and lock round it—Burton said he must have it to lock—Bennett had only one—the prisoner said he wanted to buy one for his mate—I said "There is another shop sells portmanteaus just above, and where you buy that they will repair this for you"—I saw Burton pay Bennett for this one—we took it into Webb's, three or four doors above in the same street, where found Mr. Wall, the assistant—Burton purchased a portmanteau there, and had a new hasp put on the one he had bought at Bennett's—this Charing Cross portmanteau is the same as that he bought—Mr. "Wall repaired this hasp here with small French nails, and fitted a key which would enable it to be locked—this is the portmanteau as far as I can judge—we waited while it was repaired, and Burton paid for the port-manteau and for the repair, and then Burton carried one and I the other to the hotel—I told Burton he should keep this for himself because it seemed stronger than the other—I took him to Day's, and gave him the portmanteau—on Thursday, the 21st, I saw him at the railway station, and a second time at 10.45 at the corner of the South-Western Hotel—when we left Day's to buy the portmanteaus I asked him how things were looking in America—he said "All right," that he had come here for a change; he was a carriage maker; he should go to London, and if he did not get any work at London he should go to Liverpool—on the second day the third man asked where the Dublin boat started from—the prisoner was dressed on the first day in a long dark overcoat, hard black felt hat, and a dark coat with brown glass-like, rather speckled, buttons—this is like the coat and the buttons—I am sure I noticed the buttons—on the second day he wore another coat, a long brown overcoat; a better coat than this—a few days after this I heard of the Victoria Station explosion, and on 1st March, 1884, I was sent for to London, where I was shown this portmanteau and coat; I then identified it and the buttons—on 16th February this year I was brought again up to London, and taken into a room where there were about 18 men; I recognised Burton—I have no doubt he is the man I saw at Southampton.
Cross-examined by MR. LITTLE. I have been at Southampton as a licensed porter for a long time—passengers' luggage is always examined there; I do not know if that of the passengers from the Donau was, but it was the custom of the port at that time to make such an examination—the last time I saw Burton was against the Cunard Hotel near the dock gates, about four minutes' walk from the station; he was wearing a long brown overcoat—I have not seen the second portmanteau since, nor the valise, which was more an American valise than this bag—one of the two men with him asked about the starting of the boats from Cork and Dublin; I believe I saw one of those on the 6th April last year—when he said he wanted to buy another one for his mate he had bought this one—I advised him to keep the one I thought was the cheaper and stronger; it was a better bag, I believe.
JOHN BENNETT . In February, 1884, I carried on business in Oxford Street, Southampton—on 20th February Thomas came with Burton and asked if I had a secondhand portmanteau for sale—I showed him several, and sold him this one—I asked 7s. for it, he bargained me down to 3s. 6d.—I knew his coat again by the buttons, and I noticed the coat itself
generally; I thought he had been to a good deal of expense to put expensive buttons on an old coat—I am quite sure this is the port-manteau I sold him, and that he is the man I sold it to—there was nothing to fasten it, and he said he could not do with one without a fastening, so I recommended him to get a chain and padlock for it as it, was only to carry clothes in and he seemed poor—he said that would not do—this hasp was not then on—they left the shop taking it with them, not repaired as it is now—I had used the portmanteau for 10 or 11 yeas, I should think—it was all I got from a debt for 200l.—shortly after, I saw about the Victoria Station explosion in the Tower—I came up to London early in March, 1884—Hagan showed me the portmanteau and coat, I identified them—I noticed a hasp had been put on—I recognised the portmanteau, and then when it was opened I said, "That is the very coat he was wearing, and if you turn it over you will find peculiar buttons on it"—I did turn it over, and saw it was—I am quite certain this is the coat I had seen—I was brought up to London in February this year, and taken into a room where there were 10 or 12 men—I recognised among them the man I had seen at Southampton—I have not the slightest doubt the prisoner is the man that purchased the portmanteau.
Cross-examined by MR. LITTLE. I read a description of the portmanteau in the Daily Telegraphy and I called the attention of one of the officers at Southampton.
Tuesday, May 12th.
WILLIAM WALL . I live in Oxford Street, Southampton—Messrs. Webb lave a shop at 68, Oxford Street; they are trunk, portmanteau, and bag manufacturers—I know Robert Thomas, a dock porter at Southampton—remember his coming to Messrs. Webb's shop on 20th February last year; he brought a passenger—American boats stop at Southampton—Thomas and the passenger had a portmanteau with them, a secondhand one—I recognise Burton as the man that came with Thomas—there was portmanteau also purchased by him.; I made the bargain with Burton, talked to him, I had a full opportunity of seeing his face—the port-manteau that he purchased was exactly the same class of thing as this; The paid 7s. for it—this is the portmanteau that Burton brought in; it needed repairs, it required a new hasp—I effected those repairs, I find my work on it; I put on a new hasp, I recognise the hasp; I also put a new key, it is not there now—I put on the hasp with French pins—such pins are used for such a purpose, for putting on a hasp; they are also used for the nailing down of the rand, which is the band which covers it—it is not usual to do such work on the rand with French pins; I used them because he was in a hurry and I had no tacit near me—I can cognise my work on the rand; some of the French pins remain—this is hat I call the rand, this is the hasp, and these are the pins (Pointing them out)—when the portmanteau was brought to me it was a little torn I had to tear it open to get at the place where the hasp was fixed on—is is the hasp that I put on—it was fastened on by three little French pins, that is usual; one of the pins remains in it now—there are some 1 tacks here; it had evidently been repaired before—I usually use tacks brass nails, studs, but not French pins for the rand—this is a French hasp, I recognise that also—I have not the slightest doubt that this is the portmanteau that I mended when Thomas and the man brought it—it is my own work that I recognise—it took me about two minutes to do the
repairs—I had to find the hasp—he was about 10 minutes in the shop; during that time I was talking to Burton—I have not the slightest doubt that he is the man who had this portmanteau mended—shortly after I heard of the explosion at the Victoria Station—I was afterwards communicated with by the police, and came to London early in March—this portmanteau was then shown to me, and I recognised it; that was at Scotland Yard, it was shown to me by Inspector Hagan—at the end of February this year I was brought to London again—I was taken to a room where there were some 20 men; I was requested to see if I could recognise any one—I did recognise one, the prisoner Burton; that recognition was without any assistance and without any one pointing him out to me—I have been in this trade 10 years.
KATE BIDDLECOMB . I am now the wife of a mariner living at Southampton—in February last year I was unmarried, and was a waitress at Day's hotel, at Southampton—I have known the porter, Robert Thomas—I recollect his bringing three men to Day's hotel on 20th February last year—one room was occupied by two of them, the third man was taken to another hotel—I recognise Burton as one of the three men—after they came Burton and the man with him went out with Thomas—Burton afterwards returned to the hotel, and he and the two other men had some dinner—next morning I saw the two men at break-fast—I waited on them—after breakfast they both went out together and walked up and down for some time—I noticed the coat that Burton was wearing—I did not notice the buttons—this (produced) is the coat that Burton was wearing—the two men left the hotel the day after they came, after breakfast—I afterwards heard of the explosion at the Victoria Station, and a week or 10 days after that I was asked to come up to London—I was there shown the coat, and I recognised it then—about two months ago I was again brought to London—I was taken to a room where there were 12 or 14 men—I was asked if I recognised any one, and I recognised Burton—no one assisted me to point him out—I have no doubt he is the man.
Cross-examined by MR. LITTLE. There were three men came to the hotel—I noticed the appearance of the other men—when I came up to see the police shortly afterwards, I gave a description of the other two men—that was within a fortnight of my having seen them at Southampton—I did not notice any other coat that Burton was wearing—he was only there one night, he went away next morning—I did not see him go away, I saw them go out—I did not see which way they went—I saw them go out together, Burton and the other one—I did not notice what coat Burton was wearing at that time—I believe he had his luggage with him—I did not see the men after they came in and went out again—I did not see them the second time they came in and went out again—I did not see Burton when he went away for good—I did not see the third man go away with them, or by himself—I don't know whether they all three left together or separately—I did not go into the bedrooms, I had nothing to do with the bedrooms—I can't tell what luggage was in the bedroom.
FREDERICK ABBERLINE (Police Inspector H). In February this year I was with Jarvis and arrested Burton—I afterwards searched his lodging, 90, Turner's Road, Bow, and found these trousers (produced) hanging in the room he occupied.
WILLIAM TAYLOR . I am a cutter to Messrs. Blaney and Co., tailors, of Charing Cross—these trousers, the Charing Cross ones, measure 34 1/2 inches in the waist, and the legs 31 1/2 inches, and these (produced by Aberline) 34 inches in the waist and 31 1/2 in the leg.
Cross-examined by MR. LITTLE. They are not the same manufacture—I have had much experience in English and American trousers—I should describe these Charing Cross trousers as of American make—I do not mean slop, but they have peculiarities which English tailors do not follow, and I should say they were not made in England, but made in an American store—they make grosses of them of the same size, kind, and measure—I should describe the others as cheap English-made trousers of slop manufacture, made by the thousand in this country, and a very large number of them of the same size—I should describe both these trousers as ordinary measurement—the trousers are made first and the man is measured to fit them—they make the largest quantity to fit average sized men—the measurements of these two pairs of trousers differ, the English-made ones have been let out to fit the wearer—I have given the measurement as they have been recently worn, as let out—the Charing Cross pair have not been let out by a tailor, but by wear—slop, trousers have so much cotton that they would burst before they would stretch.
EDWARD WEEKS (New York Detective). I was employed to watch the arrival of the persons who came by the St. Laurent from Havre on 13th March, 1884, to New York, and saw Burton come off the vessel.
ROBERT THOMAS (Re-examined). When I saw Burton and two others they had a black bag each, that was all.
Cross-examined. Burton appeared in very good health—I asked him how things were looking in New York—he said "Very well," and that he had come to England for a change—he said that he was a carriage-maker not a cabinet-maker.
ROBERT LEVY . I live with my father at 5, Leard Street—on 30th May, 1884, I was in Trafalgar Square with my brother soon after the explosion at Scotland Yard, and saw a black bag lying under one of the lions of the Nelson column, facing the National Gallery—no one was near it—it was locked—I gave it a kick and my brother picked it up—Constable King came up and took charge of it, and we went with him to Scotland Yard, and saw the place where the explosion had been.
EDWARD KING (Policeman A). On 30th May, 1884, about 9.15 or 9.20 p.m., I was on duty in Trafalgar Square, and about 10 minutes afterwards 1 saw Levy and his brother by the Nelson column—they had a black bag which was locked, and had no name or address on it—I took possession of it and went with them to Scotland Yard, and handed it to Faulkner—I did not see the constable cut it open, but I saw it after it was open—it contained 17 1/2 cakes wrapped separately in papers on which was printed "Atlas powder A"—this (produced) is about the size of them—I did not see the fuse—the boys pointed out the exact spot where they found the bag—I had been by that spot five minutes before and noticed no bag.
Cross-examined by MR. LITTLE. I was walking up and down and did not see it.
RICHARD FAULKNER (Policeman A 145). I was at King Street Station on Friday night, 30th May—after the explosion I went to Scotland Yard, where King gave me a bag—Levy was with him—it was locked—I cut
it open, saw it contained a number of these slabs of Atlas powder A, a double fuse attached, with some detonators, little copper things—there were either 17 1/2 or 18 1/2 cakes—I did not count them in the excitement—the fuse was fixed inside with a fine kind of wire to the four detonators—I kept the bag and its contents till two or three in the morning—there was nothing in the bag but the cakes, fuse, and detonators—I was in the office at Scotland Yard when I received the bag—I took it to Vincent's office in Scotland Yard and left it there—I afterwards saw Inspector Robson come there.
Cross-examined by MR. LITTLE. The double fuse was two rolls tied together with a piece of wire—I could not see what the contents were made of—it was not alight—there was nothing that would explode it unless it came in sudden contact with anything—everything was done but the essential part, the fuse was unlit—I did not notice the detonators particularly—they all appeared to be the same size and shape.
Cross-examined by MR. RICHARDS. The detonators are about one inch long—I did not see any mark on them.
Re-examined. The detonators were little copper things, something like this.
GEORGE ROBSON (Inspector, Metropolitan Police). I was on duty on Friday night, 30th May, 1884—an explosion took place at Scotland Yard about 20 minutes past 9—the building and adjoining buildings were seriously damaged—a number of people were injured—a police-officer and other persons were attended to and sent off to the hospital—the constable was insensible when he was taken away—the explosion took place on the outside of the detective building near where the urinal is—on this night I saw Falkner with his black bag—I saw him cut it open and I saw it contained the Atlas powder, fuse, and detonators—I took charge of them at 2.30, and handed them over to Colonel Majendie the same morning—the bag has been in my custody in the office ever since.
Cross-examined by MR. LITTLE. The fuse was a double fuse, two long tubes tied together—I saw the constable take it out—there were four or five detonators, I think—I did not give them any attention—I had many duties to perform that night.
Cross-examined by MR. RICHARDS, I was on duty that night outside—there are always constables outside in Scotland Yard—I don't know if they have been able to recognise the prisoners—I don't know if they have seen them.
WILLIAM BOLTON . I live at 84, Coburg Buildings, Westminster—on the night of Friday, May 30, 1884, I was gatekeeper at the Junior Carlton Club, Pall Mall; the back gate is in St. James's Square—I was sitting in a glass box abutting on the area—about a quarter past 9 o'clock p.m. a very violent explosion took place which injured four or five of the club female servants (they were sent off to the hospital) and threw me off my stool; I was partially deaf, I have not recovered since—Elizabeth Horsfall, who was there at the time, injured her arm—considerable damage was done to the building.
Cross-examined by MR. RICHARDS. I saw no one drop this explosive, I saw nothing before I heard the explosion.
Cross-examined by MR. LITTLE. I saw nothing except the déebris of glass and sashes, I did not see the explosion at all—I was about 20
yards away from the place where the explosion occurred, I was not looking that way.
RICHARD WHEAT . I am hall porter at Sir William Watkin Wynn's, No. 20, St. James's Square, next door but one to the Army and Navy Club—on Friday night, 30th May, I was in the basement from 9 to half-past 9 o'clock—there was a violent explosion, and about half a miuute to a minute after I had heard one at the Junior Charlton Club—one servant was injured, another hurt, and the lower part of the house was damaged.
Cross-examined. I saw nothing until the explosion occurred in the area—I was not looking out into the area, I was in a room in the passage at the bottom part of the house.
ELIZABETH ELLIOTT . I let lodgings at 13, Polling Street, Limehouse—about 28th May, 1884, Burton came to my house and asked for lodgings—he told me he worked at Herman's cabinet-making factory, he had a large black bag with him—he remained until the end of September—at Whitsuntide he went, as he told me, to Paris from the Monday to the Wednesday or Thursday—after he left in September I received this letter from him in December—he said he was going to the Presidential election in America—the letter is signed, "H. Burton," and dated "New York, 7th December, 1884"—after I received it the prisoner came again to my house on Monday. (The letter referred to this Presidential Election at which he had voted, and stated that if his health allowed him he hoped to return to England before the end of the year; the envelope bore the New York postmark of the 9th and the London one of 19th December, 1884.) When he came on Christmas Day he said he had come from America to Liverpool, and that he had been travelling from Liverpool all day.
Cross-examined by MR. LITTLE. When Burton came in May with the bag he told me had come from America—he was very poorly, and attended Bartholomew's Hospital nearly all the time he was with me, from May to September—when he came on the evening of Christmas Day he had no luggage with him, he did not stay with me then—I saw him several times after Christmas Day—ho told me he was an American citizen, I believe, when he spoke about the Presidential election, and that it was likely to be very close; I don't remember his telling me that the expenses of the people who went over to vote would be paid—I did not hear afterwards that he did get paid.
RALPH BAINBBIDGE . I am book-keeper to Mr. Herman, a cabinet maker in Limehouse—Burton worked there from 18th May to the 24th and was paid 10s.; then he does not appear to have worked from May 24th to June 8th—he worked from 8th to 14th June and was paid 14s., from the 22nd to the 28th and was paid 13s. 3d.—he was there in August and September up to 6th September—from 17th to 23rd he had 8s. 2d., and from 24th to 30th, 10s.; from August 21st to September 6th he had 6s. 4d. paid on the 2nd—altogether, between May and September, he appears to have earned 62s. 9d.—it appears that he came to us afterwards from January 16th to 22nd, 1885, earning 15s. and 7s. for work unwished.
By the COURT. The average wages of a workman doing the kind or work on which he was engaged would be about 21. per week in the blackest time and 2l. 10s. in the busiest time—he would have to be very busy to make 2l. 10s.
Cross-examined by MR. LITTLE. Burton was engaged on piecework—I have nothing to do with giving out or taking in work; my book simply shows the sums paid him for the work actually done—I don't know whether he was a slow but good workman.
FREDERICK DIETZ . I am Mr. Herman's foreman—I remember Burton at work there last year, and he came again on 26th December, I think—I received a letter from him dated from Now York, which I have destroyed—after that he worked at Herman's factory from 12th January to the 24th, which was the last day he worked there, I believe—I afterwards saw him in the afternoon of that same day, the 24th, I think, and again on 2nd February at his lodgings, 90, Turner's Road, Bow—I saw that trunk there then, I believe; it was one of the same size and description—I said, "Halloa, have you got one of those American boxes, too?"—he said, "Yes; I bought that secondhand"—he wanted it to bring to the factory to put his tools in—I understood he bought it in Whitechapel, but I don't know whether he said that or whether I thought it—he had about 18 or 20 cabinet-tools worth about a guinea; not enough to fill a box like this, of course, but cabinet-tools want room to keep them from scratching; they rub against each other—this letter (That of the 7th of December from Burton to Mrs. Elliott) is the prisoner's writing.
Cross-examined by MR. LITTLE. I saw Burton a good many times every day while he was at work at Herman's; he was going to the hospital, and always seemed to be ill while he was there—he was a very slow workman, but did his work very well—I did not think this trunk was too large for the tools because some of our saws are longer than this box would hold—I did not see that he had any of those long saws—some of our workmen have longer boxes than this for their tools—the general size of the box did not strike me as being large for cabinet-tools—I suggested to him it would be better for him to make one of a different shape I himself—the raised top did not strike me as quite the thing—when men leave they often sell their tools and buy new ones, and if they remain they sometimes buy new ones—they all work at piecework, and I am only concerned as to the quantity of work they do and the money I pay them—I believe I thought the box was bought in Whitechapel because he said he bought it secondhand, and because I have seen a great many secondhand tools there—I could not say whether he said anything about Whitechapel—he asked leave once to go to Paris, and he said he wanted to be in New York on account of the Presidential election, and that he had great interest in it, and every vote would be of importance—he did not mention anything about the expenses of those who went to vote for the President being paid—I had one of these American boxes myself; it was very near the same in appearance as this one.
Cross-examined by MR. DUKE. I first saw Cunningham at Bow Street—I know none of Burton's associates except the workmen at the factory—Burton never mentioned any persons—I know nothing whatever about Cunningham.
THOMAS NEVILLE . I am a farm labourer near Peterborough—in December last I came from New York to England in the Adriatic, which sailed on 11th December, and arrived at Liverpool on 20th December—I was a steerage passenger—Cunningham was on board that vessel as a steerage passenger—I have no doubt about him.
THOMAS HESTON , I am a licensed porter at Liverpool, and work with
Mr. Crow, another licensed porter; he keeps a list of the luggage delivered from homeward-bound vessels at Liverpool—on Saturday morning, 20th December, the Adriatic arrived at Liverpool—I was in the Customs examining room on the landing-stage—the luggage is there ranged round between certain letters according to initials, and what is not labelled goes to the other side of the shed—I saw a box similar to this produced examined between the letters "B" and "C"—I see nothing different between that box and the box I see now—to the best of my belief I saw Cunningham there with a trunk—I asked him where he was going to send his baggage to—he said to wherever he was going to stop—I did no work for him that I know of—I took the box that to the best of my belief I had seen between "B" and "C" out of a ship; I could not say what ship—it was checked, and was in a cart as I was going out with some other luggage, and I took it to Stocks, who keeps a house at 31, Robert Street—a pink label represents the White Star line, to which the Adriatic belongs; there is like the remainder of one on it now; I could not say whether it was or not—Cunningham was carrying a small bag to the best of my belief.
Cross-examined by MR. DUES. I am not sure that I have ever seen Cunningham before—I could not say how many landed from the Adriatic at Liverpool; a tidy number—some hundreds of steerage passengers are often landed from these ships—I see a great many Irish people of all classes—I might see a great many resembling Cunningham—Irish have the same class of features as his, I might say—his is no unusual face—he was a very dark man; that is not unusual—there is no particular feature exactly I could identify him by, nor anything I saw him do—I first saw the box between "C" and "B"—I could not say whose it was—we take the boxes into a shed, and a man shouts out the initials—there must have been an initial on the box or it would not have been put there—there is no initial on this box—I did not say I saw any initial on it—boxes with no initials on them are placed on the other side; that is the common practice—I could not be positive whether this was the box I saw between "C" and "B"—I could not be positive, there are so many trunks alike—I could not say how many steerage passengers pass me in one week—there may be 12 or 14 steamers arriving every day from America, but they don't all carry passengers—I see a great many thousands in the course of the year brought to the stage where I am employed, and a great many of these boxes—there is nothing particular about the box.
FRANK CARROLL . I am a porter at Liverpool—a few days before Christmas I was on the landing stage in charge of a cart loading for Lime Street—I saw Stocks, who lives at Robert Street, there alone till Cunningham came up and spoke to him—I put this box, to the best of my belief, in the Lime Street van; Stocks came up and told me to mark it for his house—I put Bobbett Street on it instead of Robert Street, being in a hurry, and pulled it out of the Lime Street van, and left it to wait for the Robert Street cart.
Cross-examined by MR. RICHARDS. Stocks comes very often on the arrival of the steamers—I know him very well—the luggage is claimed inside, and marked for where it is wanted to go—the packages are arranged alphabetically in the shed—"C" boxes would be put between "C" and "B"—there was a lot of luggage on the Adriatic that afternoon; several American trunks—to the best of my belief this is the one
—I have seen many before and many since like this—I was looking at it, because when I asked him to mark it he considered a bit before he would let me—I don't see any mark there now.
Re-examined. I don't swear to the particular box, but it is the same in every way as the box.
JOSEPH CROW . I am a licensed porter, living at Liverpool—I am what is termed the list keeper of the Inward Bound Section—when a porter delivers luggage he has to report it to me so that I may enter it in my book—I have my book with me—I know the porter Thomas Heston—I have an entry of delivery by him in my book made by me.
(Upon MR. LITTLE objecting to this evidence, the ATTORNEY-GENERAL did not press it.)
JOHN STOCK . I keep the Liverpool Arms Hotel, at 31, Robert Street, Liverpool—I very often attend at the arrival of the boats carrying passengers from America, and a good many of these passengers stop at my house at different times—on 20th December last I was attending at the landing-stage awaiting the arrival of the tender from the Adriatic—I met it at the landing-stage—after it had arrived I saw the prisoner Cunningham—I didn't see him actually step off from the tender—he had come out of the Custom House when I first saw him—I spoke to him and asked him if he was going to stay in Liverpool—he said "Yes"—I said "Have you any place to stop at?"—he said "No"—I then gave him a card of my house—after looking at it he said "All right, I will come and stay at your place"—I asked him if he had any friends on board, and he said "No"—at that time he had a bag and a small bundle with him—I perfectly remember a box similar to that (produced) coming to my house some time after I had had this talk, whether it belonged to Cunningham or not I am not positive; I believe it did—I know the porters Heston and Carroll—I do not recollect seeing them at my house on that day—I might have done and might not, because I am frequently seeing them and I might be mistaking one day with another—I walked with Cunningham to my house—I am not positive whether this trunk I have been speaking of was at my house while Cunningham was there—to the best of my belief it was there—he stayed with me two or three nights—I have no entry at all of the time he stopped—I don't remember his giving me any name—he might have done so but not to my remembrance—I recollect his going away, but not exactly the day he left—I know a cabman named Mclntyre—I can't say whether I called him to take Cunningham away—I have fetched him off his stand more than once—I went with Cunningham in the cab, but I can't be positive whose cab it was—I went in a cab with Cunningham to the Lime Street Station—I have no recollection as to the driver of it—Mclntyre has driven cabs more than once or twice from my house—when Cunningham went he took a bag with him—I couldn't be positive of anything else—I couldn't say for certain if he took a box—to the best of my belief he did—it was a box similar to that produced—I wouldn't positively swear that that was the box or that he had a box; as to the size, shape, and colour I couldn't say, because there are many similar to it—to the best of my recollection this is the same in size, shape, and colour, and general appearance—I can't swear that I helped Cunningham to bring that trunk or box of which I have been speaking down from his bedroom—I did help to bring a trunk down from Cunningham's bedroom, but I couldn't
swear that it was Cunningham I helped to bring down that box—I remember perfectly well assisting a passenger down the stairs with a trunk, but whether it was Cunningham or not I can't say, but to the best of my recollection it was—that is all I have to say about it—I couldn't say if it was Cunningham I assisted down with the trunk—I went with him to Lime Street Station I am positive—he said he was going to London to see his mother—he said he should return most likely about February—he said his mother was living somewhere at Whitechapel—he didn't say anything about where he was going to stay—he didn't say anything as to the station he was going to arrive at in London—he said he was going to London, about Whitechapel, and I suggested to him that Broad Street would be the best station for him to go to, and that he had better change at Willesden Junction.
Cross-examined by MR. LITTLE. It was either the 22nd or 23rd, to the best of my belief, that Cunningham left my house, but which of the two days I am not positive—I am certain that it was one of those two days—I should say he left between 10 and 12 a.m.—I had not seen any persons at my hotel come to see Cunningham—I had never seen Burton before I saw him in the dock—as far as I know Cunningham had not seen Burton in my hotel.
Cross-examined by MR. RICHARDS. I am frequently on the landing-stage meeting passengers but not always—a great number of passengers arrive from America just before Christmas as a rule—I hare seen many American trunks of a similar make to that one—I can't say that there is anything peculiar in that trunk particularly to stamp it as belonging to any one individual—I have had a good many similar trunks to that at my house—I remember a man of the name of Kilty stopping at my house about December—he did not bring an American box to my house; it was after Cunningham—I saw Kilty off—I generally see my American visitors off—I noticed nothing whatever in Cunningham's accent—I did not think he talked broadly; in fact, I did not take him to be an Irishman at all—I am positive Cunningham said he was going to see his mother at Whitechapel, and not his brother—Mclntyre has been engaged more than once by me—Cunningham was a very quiet man while along with me—I did not hear any treasonable conversation of his—he did not tell me anything about the Presidential election to my recollection—I don't remember his giving me any name, so that when he had a telegram I could not recollect it—I have had a good many visits from the police—I can't say that they were very anxious for me to swear to this box—they have certainly questioned me many times about it—all boxes are searched at Liverpool on arrival as far as I am aware of, and Irishmen more so than any others—I can't say that most of the Customs House officers are Orangemen—there are a great many Irishmen in the Customs House—I have been told that they very carefully search any luggage belonging to Irishmen, especially those coming from New York.
Re-examined. I remember a passenger occupying the same room as Cunningham did who had a trunk there at the time, but I could not swear that it was Cunningham that had this trunk; to the best of my belief Cunningham had a trunk like that with him—if he had this trunk with him at my house it was taken into his bedroom; he was the sole occupant of that room for two or three days—I don't
know what was done with it whilst it was in his room in my house—I do not know what Cunningham was doing during those two or three days.
DAVID MCINTYRE . I am a cab-driver at Liverpool—Prince's Dock is the stand I use—I know the Liverpool Arms, the house Mr. Stock keeps, the street is opposite to the stand where his house is in—in December last year, close upon Christmas Day, I recollect being called to Mr. Stock's house—I took my cab to his door, the prisoner Cunningham and Mr. Stock got into it—a box went on the cab something like that one; I don't know whether that is the same one or not—there was also a valise—I drove them to Lime Street Station—the box was taken down by a porter—this was from 10 to 11 o'clock in the morning, I am not sure; it was in the morning time—I am not sure as to the day, it was a day or two before Christmas.
Cross-examined by MR. LITTLE. It was two or three days before Christmas; I fancy it might be the 23rd, but I couldn't swear it—this matter was first called to my attention in this year; I heard it read in the paper about January, or somewhere about that time—I have had several trunks in the interval from American steamers.
Cross-examined by MR. RICHARDS. I have carried a good many Americans too in my time—Cunningham's features make me recall him so well—I have had many a trunk like that on my cab before—I haven't been following the boats lately, the trade is very bad, when I have been 1 have seen a good many of these trunks—it is an ordinary American trunk, they are getting some new ones out now, flat ones—this is rather an old-fashioned one, and therefore similar to what I have carried for years past—I would not swear it was that very trunk.
WILLIAM BROOKS . I am a porter at the North London Railway, Broad Street, London—I was on duty on 24th December last—I recollect conveying a trunk from the cloak-room that day to a cab—I only conveyed one trunk of that kind that day; that trunk is the one I conveyed to the best of my belief—it was very heavy—as I was putting it up on the cab it seemed to slip down again, and that refreshed my memory—I did not recognise the cabman, I should not know him if I saw him—I believe Cunningham is the man I took to the best of my belief; the man, who-ever he was, went away with the box in the cab.
Cross-examined by MR. LITTLE. I wasn't in the cloak-room that day, I had been previously, so that I understand the method and system there—when luggage is taken in they pay as they deposit, as a rule, for one day, and pay the other when they fetch it away—I do not remember whether the man paid anything when he took the box away—it was holiday time, and my attention was called urgently to take the box—there would be somebody there to whom it would be paid, but not to me—I was not there at the moment he was getting the trunk out, so I don't know whether he paid or not—the books should show how long the trunk had been there, but according to the date it is possible there might be a mistake at holiday time—the books would show when the trunk came in, and how many days it was in—a man named Woolley was on duty at the cloak-room on that day—the trunk was numbered, but I didn't notice any number on it when I took it out—it was drawn out for me ready to take away—the number would be on when it came out, but I have no recollection of seeing it.
Cross-examined by MR. RICHARDS. The number would be chalked on,
we don't put on the adhesive labels at Broad Street, like most companies—we don't very often get American trunks at Broad Street, but I'have seen enough of them in my experience to know that they are very much alike; we generally get the more flat than that kind—that is the trunk to the best of my belief; when I was putting it on the cab it slipped, and that refreshed my memory, it called my attention more to it—there is not many American trunks come to Broad Street, plenty of others—I do not say that is the same because because I see an American trunk in Court.
Re-examined. It wasn't our interest to notice the number on the box; I can't give any information about the number—in the absence of the number it is impossible to check it.
JAMES HENRY BACON . I am a cab-driver; my rank is at the North London Railway, Broad Street Terminus—on 24th December, between 2 and 3 p.m., I was on the rank; a porter came wheeling a trunk and a small bag or box on a barrow—the trunk was like the one in Court, and about that size—the person who was with him directed me to drive to Great Prescott Street, Whitechapel—the box was put on the top of the cab—the number of the cab was 30 something—I did not get down from the box, but the man took it down—a female appeared at the door—my cab is No. 2.
Cross-examined by MR. DUKE. I often carry American trunks—I could not swear to any particular mark on it.
GEORGE SPLAIN . I am employed at the Broad Street Station of the North London Railway to take the number and destination of cabs leaving the station—refreshing my memory by my book, I find on 24th December cab No. 2 left at 2.45 for Great Prescott Street; Bacon was the driver.
Cross-examined by MR. DUKE. I did not recognise any one inside—I made the entry in this book at the time the cab went out of the yard-No. 2 went out at 3.20 to Cannon Street Station.
GEORGE WILLIAM BOWLES . I keep the Lord Nelson Temperance Hotel at Liverpool—on 24th December I saw Burton at Lime Street Railway-station about 9 p.m.—the Hanoverian and the Oregon steamships had arrived from America—Burton was waiting with others for luggage—I gave them cards of my hotel—about 11.30 p.m. Burton and others came to my house—they occupied the same room—I had no names with them—they left on Christmas Day—there was a parcel between them.
Cross-examined by MR. LITTLE. My attention was called to these people coming about a month or six weeks afterwards—I saw them in the colonnade of the station—there was a train to London at 11 p.m.—the luggage is delivered as soon as claimed—my hotel is close to the station—I prosecuted some of the neighbouring hotels in the cause of morality, and there has been a clearance—I gave a description to the police of two other men who came to my house—neither was Cunningham—I keep my lodgers' accounts by numbers or by names, I have no regular way.
Cross-examined by MR. DUKE. Cunningham was not on the landing-stage—I do not think there was a man like him to whom I gave my card—there was one it may be a little older—the two other men to whom I gave cards had an American appearance—they did not ask if I was Irish—I was not on the landing-stage—I put one young man in the train for Manchester; he did not resemble Cunningham; he was not dark, he was fat
CAROLINE WILSON . My husband is a City policeman—on 26th December we were living at 5, Mitre Square, Aldgate, and occupied two rooms on the second floor—the landlady, Mrs. Whitehurch, was away at Christmas for a few days, and I looked after the house for her—on that day, about 3 o'clock, Mrs. Capella, who I knew, brought the prisoner Burton there, and I gave her a key of the door—Burton took possession of the back room, ground floor, on the 26th, the next day—the landlady came back on the next Sunday, and I had nothing more to do with the management of the house, but I saw Burton in the kitchen on Wednesday, the 31st-he continued there 14 or 15 days.
Cross-examined by MR. LITTLE. He went by the name of Burton—he I had very bad health while there—he told me on 31st December that he was going to Bow to be nearer his work, and he left on the next Saturday—he did not say that he was working at Mr. Herman's—I do not know where Mr. Herman's factory is.
Cross-examined by MR. DUKE. I never saw Cunningham at my house, he never came to see Burton.
JOSEPH HAMMOND . I am a guard on the Metropolitan Railway, and on 2nd February I was guard of the Hammersmith train which left Aldgate at 8.57 p.m. four minutes late—Aldgate is the terminus when the local trains start from—there was a break-van at the rear, in which I was, and there was an engine and six carriages—Harry Taylor was under-guard, he was next the engine—there was a break compartment and a third-class carriage next the engine, then two more third-class with what we call spear-breaks in each, then a first-class, then a composite carriage partly first and partly second class, and I rode in the rear as guard in charge—we allow passengers to ride in the spear-break with the merchandise—there are four stations before you get to King's Cross: Bishopsgate, Moorgate, Aldersgate, and Farringdon, then King's Cross, and the next is Gower Street—between King's Cross and Gower Street is the Charlton signal-box—while the train was going between King's Cross and Gower Street that evening there was a very loud explosion at the fore part of the train about 150 yards west of Charlton box—it was then about 9.14—we had stopped one minute at Charlton signal-box as the signal was against us—the explosion smashed the windows and put out all the lights—we then went on to Gower Street, and I got out and the passengers also—I afterwards went on with the train to Edgware Road.
Cross-examined by MR. DUKE. There were three third-class carriages in the front part of the train—the spear break van was in the first compart ment of the second carriage from the engine—we use our own discretion as to how long we stop at the stations; we have no time allowed—I should not traverse the platform as far as those third-class carriages, and I know nothing of who were in them—the explosion was in the fore part of the train, behind my van—I thought it came from the front of the train.
JOHN SEWARD (Hyde Park Constable 11). I was formerly in the Army—on the 2nd of January I was in the train when the explosion took place between King's Cross and Gower Street—I got in at Bishopsgate Street, but before I got in I saw the prisoner Cunningham leaning out of a carriage window—he asked me if I could give him a light, or had I got a match—I saw a wheel in the compartment he was in, and knew that it
was the break van, and thought they were employed there, and 1 did not get into that compartment—I saw a small seat under the wheel—I saw on the seat what I took to be a workman's flag basket; the same as carpenters usually work with—I could not see whether there were any other people in the compartment, I got into the next one—between King's Cross and Gower Street there was an explosion which put out the gas in the carriages—the train went on to Gower Street, and I got out there—on 16th February I saw Cunningham at Bow Street; there were a number of people in the room, but I picked him out as the man I had seen in the train.
Cross-examined by MR. DUKE. I noticed nothing particular about that man's voice—I do not know what the American accent is; there might have been something of a countryman's talk about it—to the best of my belief Cunningham is the man—he was close shaven—I do not pledge my oath, but I picked him out—I will swear he was not a younger man—I did not give my name at Gower Street, but I was in the Park next day, and mentioned it to the police, and was ordered to appear—I was in a carriage near the engine; I cannot tell where the explosion seemed to sound from, but it seemed to take me off my legs—I do not recognise either of these three photographs—I cannot see any likeness between this young man with an open shirt front and the man who asked me for a light—I cannot see a likeness to the prisoner.
Cross-examined by MR. LITTLE. I saw no other man in the carriage only the one who leaned out and spoke to me—there may have been another—I went on to the next carriage thinking they were working men employes of the Railway Company—I never saw Burton in my life that I know of—I did not notice him among the people going away from Gower Street after the explosion—I have seen railway employés carrying their tools in a similar flag basket.
HARRY TAYLOR . I am a porter in the service of the Metropolitan Railway Company—on January the 2nd I was under-guard in the front break of this train, and was in the compartment next the engine—I attended to the front part of the train, and the guard to the back part—the second carriage was a third-class with a break in it—passengers luggage is sometimes put there, and persons sometimes travel in it—it is part of my duty from time to time to look into the break to see if there is luggage in it, and I had looked in that evening before the explosion, at Bishopsgate, Aldersgate, and Farringdon—I can swear that there were two people in it, and there may have been more; Cunningham is one of them—I am positive he was in the break van—after passing Gower Street box there was an explosion—I was in a stooping position near the break wheel, and it threw me forward on my hands and knees, and 32 windows of the train were broken—I got out at Gower Street, and said "All change," and the train was taken on to Edgware Road to be inspected—I went through each compartment and examined it, but found nothing—I next saw Cunningham at Bow Street with several people, and pointed him out as the man—I saw Police-Sergeant Crawford at Gower Street.
Cross-examined by MR. DUKE. It was my duty to close the doors at each station—the train started three minutes late—I do not try to pick up the time going along; I have nothing to do with the time; I give the signal for the driver to go—the train was not pretty full—I do not know whether I could recognise any of the other passengers—I saw the
younger prisoner more than once that night; the first time was at Bishopsgate—I did not see a workman's basket in the carriage with him—sometimes the luggage is put with the guard, and sometimes with the spear break; if it is labelled, it is generally put into my break—I believe people take small things in their hands into the break-carriage, and sometimes into other carriages, but we object to that if it is large, as it obstructs the passengers—I did not notice a wicker-basket there like this produced—I have never seen any one like this photograph, to my recollection, but there is a likeness to the young man I saw at the window; I would not swear that it is his photograph—I may have closed the door of the spear brake-van at the intervening stations; I first looked into it at Bishopsgate, and at each station except Moorgate Street—I do not think I looked in at King's Cross, and therefore cannot say that the young man was there—the explosion seemed to be on the line I was travelling on, the down line, but it came from the top of the roof, not from the line; it seemed to strike the top of my break—we were just leaving Charlton signal-box when it happened; there is an opening in the roadway there—I do not know the position overhead—the explosion was about two or three minutes after we had passed Charlton box; I mean to say that it took two or three minutes to go from Charlton signal-box to Gower Street, and it was about two minutes after we left the signal-box that 1 heard the explosion—the signal dropped before we started on to go to Gower Street—I cannot say how long the train takes to go 150 yaids after starting—I do not have to keep the time of the trains.
MICHAEL CRAWFORD (Police-Sergeant E 42). On Friday, January 2nd, about 9.15,1 was on duty outside Gower Street Railway Station, on the south side of the Euston Road, where the trains run from the East end towards Paddington-part of the station there is open—I saw a flash and a cloud of dust, and heard a report of an explosion—I ran down the stairs into the station on the same side I have been speaking of, and arrived then about two minutes before the train came in from the City—I first saw the engine and the guard's break; the next carriage was the spear break, which stopped opposite the ticket-collector's box by the stairs—I saw Taylor the guard jump out, and I believe he opened the door of the spear brake—I looked in the spear break and saw three men there standing up, they came out and stood still a few seconds—other people got out of the train—I heard a lady scream behind me; I went to her, and found her bleeding from the nose—the three men disappeared while I was writing down her name and address—I wrote down several names and addresses—I don't know which way the men went—after this, about February 2nd, I went to Bow Street and saw nine or ten men in a room—I saw the Prisoner Cunningham there—I touched him—I swear to the best of my belief he was one of the three men I saw that Friday night—on the 5th February I went to King Street Police-station—there were fourteen or fifteen men there, amongst whom was Burton—I touched him—to the best of my belief he was one of the three men I saw that Friday night.
Cross-examined by MR. LITTLE. I believe Burton was there, I will not swear positively to him—I had not seen a likeness of him before—I saw him before he was taken to the police-court at Kingston—I did not say at the police-court "I have no doubt as to Cunningham, I will not swer to the other man Burton"—I said I had no doubt in my mind as to Cunningham, I was not not asked as to Burton—I did not speak to
Cunningham, but I have spoken to him since at the police-court after I had given evidence—I did not speak as to other men, I never saw Sewers till I saw him at the police-court—the third man in the break was a tall man, about 5 feet 9 inches, dark coat, and rather dark whiskers—I saw nothing else in the break-the three men were standing apparently in conversation—the train was at a standstill—that was after the explosion—I have not heard that there were only two men in the break—I will swear there were three men—I saw them before they came out, because I had an object in looking in the carriages—I began to look in at the spear break—I was standing waiting for the train coming in—I saw Taylor there—I had not seen Burton before to my knowledge—I was not able to describe these men minutely the day after the accident.
Cross-examined by MR. DUKE. When I saw the cloud of dust I was between the two stairs—I am stationed in the district—there are a number of blow holes all the way down the Euston Road, one near the Charlton box—that is used used as an ordinary obelisk; no one could throw anything over, the railings are so close together, a child could not put his foot through—you could not put your fist between them—anything smaller than a finger could go through—the brake stopped opposite the signal box—the men could not have run out without giving up their tickets—all persons there were excited—I would not swear to this photo (several photographs produced) they are rather deceptive—one looks rather like Burton when he was young—I did not know him when he was young—I did not ask the three men for their addresses—the majority of the people rushed to me—I did not see a picture of Cunningham in the police-court before I identified him—I have since ascertained there was, but it was nothing at all like him—that was a sketch—the Police Gazette comes out twice a week, once with photos—it is not my duty to look at it—it is hung up in a portion of the station—I go to that portion of the station because we have no Gazette; it is my duty to look at the Gazette once a week—it was not my duty to have looked at it before I identified Cunningham—his sketch appeared on the 2nd or the 30th—I never looked at it after Cunningham was arrested.
HARRY TAYLOR (Recalled, further cross-examined by MR. LITTLE). I was the end guard—I knew Burton's face, I had seen him before—I could not swear to his being in the break the night of the explosion—I looked into the spear break, there were two men in the break—I fancy I have seen Burton's face at Aldgate—there might have been three or four men in the break, I only noticed two faces—I did not see Burton on the platform.
Re-examined. It was some previous time when I saw Burton at Aid-gate—I saw a number of persons in the van—I cannot say how many—I do not know whether I saw Burton or not.
ROBERT HARRY WILSON (City Policeman 863). I am husband of the witness Caroline Wilson—I was living with my wife in December and January last at 5, Mitre Square, Aldgate—that is about 150 yards from the Meteropolitan Station at Aldgate—our landlady was Mrs. Whiteridge—I first saw Burton on 26th December at 10.15 p.m.—I was in my shirt sleeves—on the Thursday or Friday afterwards I came to the door in uniform—Burton was trying to open the door with a key,-and I opened it for him—that would be the 1st or 2nd of January—on Wednesday, the 7th of January, he said he was going to leave to get near
his work—he seemed to be unwell—on the 7th or 8th of January my wife said something to me—I went into his room—I made a report on Friday, the 9th of January, to the inspector at Seething Lane at 9.30 p.m. about Burton—Detective Roper was directed to watch him—in Burton's room was a black Gladstone bag, it looked like an American make, and a brown-paper parcel on a sideboard with a little hole in it, so that you could get your finger in—the bag was standing underneath the washing or dressing-table—the parcel seemed to contain red flannel.
Cross-examined by MR. LITTLE. I did not examine the room; I only went in to see the luggage—I did not open the luggage, nor examine it properly—I never touched it; I only just looked round it—the parcel was simply tied round with a string—that was on the Thursday—I went in again on the Friday, and Mrs. Whiteridge was then present—Burton appeared ill.
Cross-examined by MR. DUKE. I never saw Cunningham at Mitre Square with Burton that I am aware of.
THOMAS ROPER (City Constable). On the morning of Saturday, the 10th of January, I was directed to watch Burton, and went to Mitre Square—I saw Burton at 5, Mitre Square, at 9.35; he went up Mitre Street, along Aldgate, crossed the road, and went into Baverstock's Restaurant in High Street, Aldgate, about three doors from the corner of the Minories—I went back to Mitre Square to make inquiries, and then returned to Aldgate six or seven minutes after that—I then saw both prisoners coming up High Street, Aldgate, from Whitechapel towards me, about 10 yards off—when I first saw them I was then standing outside a public-house next to Baverstock's, waiting for Burton to come out; it was raining very hard at the time, and Burton had his coat collar turned up—the prisoners were is conversation with each other, walking side by side; Cunningham on the kerb side—they passed by me—I had a thorough opportunity of seeing Cunningham's face—I have no doubt as to his being the man who was with Burton—I followed them down the Minories—Burton must hare I come out of Baverstock's during my absence—they turned to the left down there—I followed them about 100 yards down; they stopped at the corner of Goodman's Yard, which leads to Great Prescott Street; they I parted company there—Goodman's Yard is a public thoroughfare-Cunningham went down Goodman's Yard towards Great Prescott Street—Burton came back through the Minories, crossed the road, and went into No. 23, Aldgate High Street, another Restaurant, between Duke Street and Mitre Street—he remained there about three-quarters of an hour, and then he came out, lighted a cigar, and walked down towards Whitechapel—when he got to Middlesex Street, commonly known as Petticoat Lane, he crossed the road to Mansell Street, and went into Binson's laundry, on the left-hand side—he remained there five or seven minutes, and then came out, went up Aldgate Avenue into Mitre Street, where he bought a newspaper, and went into No. 1, Mitre Square—I have not the least doubt Burton was the man—on the 4th of February I was taken to the House of Detention, different prisoners were in different cells; the cell doors were opened—the warder and deputy-governor were in front of me, and after five cell doors had been opened I recognised Cunningham in the sixth as the man I had seen with Burton—I saw Burton afterwards at King Street—I had seen some sketches of Cunning-ham in the Police Gazette before I went to the cells, but I did not think it
was the same man to look at, because by the woodcut he would be 38 years old—I identified him from my own observation of him—I gave my evidence at the police-court—the shorthand writer was there—when I stated I had seen Burton and Cunningham together Burton said he went to the various places I have described, and had met Ounningham as one person might meet another, excusing himself for meeting him—he denied knowing him.
Cross-examined by MR. LITTLE. Burton had no solicitor at that time, and conducted his own case—Cunningham was represented by Mr. Quilliam, I think—I am a plain clothes detective constable; I went to watch Burton—I had not got a description of him—I lost sight of Burton the first time, because I went to Mitre Square—I parted from him again after he left Baverstock's—I went to 26, Old Jewry, the detective office, to see Wilson—I had never seen Cunningham before that day nor afterwards till he was arrested—Abberline had given me a description of the man he had met with Burton—I first saw the sketch in the Police Gazette on the afternoon after I had identified Cunningham; Abberline showed it to me—I could not have identified Cunningham from it; it was not like him—our Gazettes are bound up with a cover—we look at it if there is any-i thing to draw our special attention to it, but if we are on a case perhaps we don't see it for a week or so—I saw the woodcut on Tuesday, the 4th, or Wednesday, the 5th of February, when I came from the House of Detention—I am sure it was after I had seen Cunningham—when they passed I was waiting outside the public-house for Burton to come out of the next house—I had not been in the public-house—that was the only time I saw Burton; there was no description of him in the Police Gazette then, a week or a fortnight after there was a woodcut of him—it came out about a week after I had identified him at King Street—I don't know that I should have recognised him from that; he has grown whiskers since—I think I read the description of Burton afterwards—I was interested in the case then—possibly I read a description of Cunningham before I identified him; I must have done—it impressed nothing on my mind as to his being the man I had seen with Burton—I may have told the Magistrate I had not read a description of him before I identified him—won't say I had or not—I meant it had made no impression on me—I had interest in the case afterwards; I only watched one man, and saw him in company with the other, as I was sent to do—I did not know them—Burton's collar was up; he had a dark hard-crowned hat on; it was not at all drawn down over his face—he was a man you could not miss in the street; he had a brown overcoat on, I think—I won't be sure-I have not seen it since to my knowledge—I watched Burton the day he moved his lodgings-—Wilson gave me information that he suspected an Irish-American, and I was sent to see if there was anything suspicious about him—I watched him generally, partly to see who was with him.
Cross-examined by MR. RICHARDS. I saw Cunningham and Burton as I returned to Mitre Square—I was within two yards of them-Cunningham was next to me as I stood outside the public-house—I did not see the face in this photograph on the 10th of January—I do not remember this face in my perambulations—it was raining hard; I watched Burton from 9.35 till 10.45 till he went into No. 1; of course he had been in the restaurants—Cunningham was under my observation seven minutes altogether,
about 50 yards down the Minories—neither of them had an umbrella; I had one—it did not impede my vision; it helped me sometimes—I think Cunningham was dressed in a brown overcoat with a velvet collar, I think the coat he has got on—the coat in the photograph has a velvet collar, but I should call that an undercoat—this photograph is not at all like the man I say was Cunningham—I should think this man was 5ft. 10in., Cunningham is about 5ft. 5in.—I do not recognise either of the two persons in the double photograph as the person I met that morning—neither of those faces has ever been under my supervision—Cunningham had on a black hard-crowned hat, and a brown overcoat with a velvet collar.
Re-examined. Wilson is a City police constable-I was told to watch Burton; I did so, and saw him with Cunningham, about whom I knew nothing whatever—on the 3rd of February I saw Abberline at Bishops-gate Station in the evening, and in consequence of what passed between us I went on the following day, Wednesday, the 4th, to the House of Detention to see if I could identify the man who had been with Burton—I recognised Cunningham at the sixth cell door—I have no doubt about him—at that time I had seen no woodcut of him, but after I had been to the House of Detention I saw one—Abberline had it in his pocket—if I had seen it before I could not have identified Cunningham from it—the following Monday I was called as a witness at Bow Street—I know nothing about these photographs.
Wednesday, May 13th.
JAMES DROVER BARNETT . I am a shorthand writer—I was present at Bow Street when Thomas Roper was examined in the prisoners' presence—Burton was not then legally represented, and made a statement during the examination—I took it down in shorthand—both prisoners were under charge—I have examined the transcript produced, it is accurate.
Cross-examined by MR. LITTLE. The statement was prior to the usual caution being given, and was in the early part of the examination—the report is verbatim.
MR. LITTLE submitted there was no authority for such a statement being given in evidence against the prisoner prior to that made after the usual caution at the close of the case. The ATTORNEY-GENERAL referred to the case of the Queen v. Stripp, reported in Dearsley's Crown Casse, p. 648, to show that the caution required by the 11th and 12th Vic., c. 42, sec. 18, to be given to a prisoner, did not apply to a voluntary statement of the prisoner in the course of the hearing, but only to that made at the concluding examination before the Magistrate after the winesses had been examined. MR. JUSTICE HAWKINS held that even without the authority cited the statement was admissible. (Read: "The prisoner Burton: Your Worship, he (Roper) says he recognised me with Cun-ningham. I have never seen the man before I entered the dock this morning. He might be mistaken in the man. Very often I am going along the street, if there is a gentleman we talk about the weather sometimes. It might happen that I might have accidentally spoken to some party on my way, I do not know who it was, but he says I went into Baverstock's that morning. I would like to know whether that was in a restaurant or where. Sir James Ingham: He says in a restaurant, is that so? He wants to know whether it was in a restaurant, Baver-stock's, or where. The Witness: Yes, it is two doors past the Minories.
The Prisoner: All this happened on Saturday morning. He says all this I was on Saturday morning that I went into Baverstock's restaurant; well, I would like to ask the witness how long I stopped there. Sir James Ingham: I think he mentioned that. The Witness: I do not know how long you stopped there. I left you as soon as you had gone in, and I went back to Mitre Square. The Prisoner: If I had gone in there it would be to get my breakfast, but I had not been in there that morning, but as he has mentioned about the laundry, I had been to this laundry, I had my washing done there, which I have a receipt to show for. The lady, the proprietor, was missing two of my pocket-handkerchiefs, and I went back that day as I was leaving Mitre Square this morning. I went there for to get those pocket-handkerchiefs, which the landlady had for me, and I received them. Then I went to this restaurant between Mitre Square, or Mitre Street, and Duke Street. I think it is the Cafe Royal they call it. I went in there and I had my breakfast. I had some tea for breakfast, and then I left there and I went down Mitre Street and I bought a morning paper and I went into Mrs. Capella'a and I stopped there, I cannot say how long; it was very short, and the morning was wet, and as I was leaving, Mrs. Capella proffered me her umbrella. She said she thought I might need it, it was better I should keep from the wet as much as possible. I accepted the umbrella and I went into Mrs. Whitteridge's and I got my bag, which I had all ready to take away. I bid the lady good-bye and I went to Fen-church Street. I took the train at Fen-church Street, and I arrived at the nearest station to where I took my luggage, and I stopped in this lodging I believe all that day because it was wet. If I had gone out in the morning I do not remember. That is all I have to say."
CAROLINE HARVEY . I live at 90, Turner's Road, Bow, with my husband, Richard Harvey—he is foreman of the wharf at London Docks—on 10th January I had a first-floor bedroom to let—Burton came on the Wednesday previous to the Saturday when he came in—I had a bill in my window announcing the room was to let—he gave the name of Burton, he said he would come on the Saturday—he came between 11 and 12 o'clock on Saturday, the 10th—he had a large black bag—on the Monday he said he was a cabinet-maker—I believe he went to his work some part of each week till he was taken into custody—some mornings he used to go out at a quarter to 7, other mornings it would be past 9 o'clock; he would come in again at the dinner-time about 12.30—on Tuesday, the 13th January, I heard a cab stop at my house in the evening, about 8 o'clock—a day or two afterwards I went in his room and saw a trunk exactly like the trunk in Court—on the Monday he said he was going to bring a trunk home—I made the remark that it would stand in the corner, and pointed to it—I do not think he made any answer—the police afterwards came and took possession of it—from a remark my servant made I lifted the trunk—I should say it was quite empty—I think Burton said he came from Mitre Square, I cannot recollect; he said he lived with Mrs. Elliott, I can remember that.
Cross-examined by MR. LITTLE. I think he told me where Mrs. Elliott lived, but I cannot remember, I did not take much notice of it—I do not remember saying before the Magistrate "He told me afterwards that he came from Mitre Square." (This was in the deposition.) I knew he was working at Herman's factory—that is not far from my house—I
do not know exactly how far it is, I have not been there—I am told it is in Dodd Street—Burton always appeared to be very unwell—Mr. Tice, of Herman's factory, came to see him once or twice—except Mr. Tice, he said he had no friends in London.
Cross-examined by MR. DUKE. I never saw Cunningham till I saw him at Bow Street—he never came to see Burton—my house is near the Tower Hamlets Cemetery—Great Prescott Street is about two miles from Turner Road.
WINIFRED CANNON . I am unmarried and reside at 30, Great Prescott Street, Whitechapel—on 24th December I had some lodgings to let in my house, and Cunningham came in the forenoon—I asked him if he would have a double-bedded room or a room to himself—he chose a room to himself, the front bedroom on the third floor, for which he was to pay 5s. a week—he said he wanted it for a week, he had no luggage with him at that time—he said he would go for it; and he afterwards returned in a cab (I was standing at the door when he arrived) with a box like that—I cannot say it was the same one, as far as I can judge that is the box—I see no difference between the box he brought and that one—he had also a small bag, it might have been about that size, I did not look at it; he took the box upstairs himself without any assistance—that same evening he paid me the week's rent—this was Wednesday, the day before Christmas Day—I can't say what day it was, but one Sunday he was indoors, and I said "I have not the pleasure of knowing your name," and he said his name was Gilbert, and I called him Mr. Gilbert—I asked him where he came from—he said Liverpool, and that he was a traveller—he remained with me exactly three weeks till Wednesday, 14th January, paying his rent week by week in advance—he went out about 8 or 9 o'clock and came back in the afternoon to his own room and sometimes sat in the parlour—on Tuesday, the 13th, the day before he left, I remember his knocking at the street door, I let him in—in the evening he said the brown box was not his; that he was going out to buy a small one, and that he expected a friend to call for the large brown one—he left no message for his friend and said no mow about him, and did not give me his name—up to this Tuesday the brown box had been in his room—in the daytime I was sometimes in the kitchen in the basement—I know nothing about the brown box going from my house, but on the Wednesday morning when I went into his room the brown box was not there—I saw him in the morning, but not immediately before he went away—he told me he was going, but not where to, nor did he give me any reason for going—while with me he made no complaint as to the way his room was done or how he was treated, and who were always on friendly terms—after he said the large box was going away and he was going to get another, I let him in, and he had a black box, but I did not notice it because the gas was not alight and I cannot say what it was like, but he had something of the shape of a box with him after he said he was going to buy a smaller one—I did not go into his room the morning he was going away.
Cross-examined by MR. RICHARDS. I charged him 5s. a week for his bedroom on the third floor—the ordinary charge in our vicinity is 6s., but he said he wanted it for a week—I thought from his speech he was Irish, and asked him what part of Ireland he came from—I am a member of the Roman Catholic Church—I did not see him at chapel as well, I
know he went regularly while at my house—I know Munroe is one of I the collectors there—I gave the prisoner the key of his room the first I time—he locked the door and offered me the key, and I said, "You keep it"—the room belonged to him then—as a rule the room was open to me I never found it locked against me when he was out—I never saw anything suspicious about the room—I sold weekly newspapers as well; I received them on Friday; Miss O'Brien assisted me in selling them—I on the Christmas week he first came the papers came on the Saturday, as Friday would be Boxing Day—amongst them I sell the Shamrock, a paper for Irish people, not a Fenian paper at all—I never saw the other prisoner call—Miss White was lodging with me at that time—she and Cunningham often sat in the parlour together chatting—I have often had lodgers at my house before with American trunks—there is nothing at all particular about the box, it is just such a box as an American passenger would bring—if not busy I would make the prisoner's bed up in the morning—I was without a servant while he was with me, and on one occasion I left it rather late before I could make it, it was evening before I made it—he did not grumble about it, but I know gentlemen don't like their beds made so late as that—I saw him pretty well every evening; he was in every evening, and used to sit generally in the parlour and read the paper—he was a very steady, well-conducted young man—I never heard any treasonable remarks from him.
ROBERT HERBERT CROSBY . I am a cab-driver—on the night of Monday or Tuesday, 12th or 13th January, I was on the Aldgate rank with my four-wheeled cab, when Burton came and asked me whether I was in charge of this first four-wheeled cab—I replied "Yes"—he asked me what I would charge to drive to the Turner Road, Burdett Road, Bow—that would be within a few yards of two and a half miles; a portion of it is without the radius—I asked him the number of persons and the luggage—he replied, "There is only myself and a box," or trunk, I would not be sure which, which was empty, and by its weight I judged it to be so—I asked him where I was to take up—he said in Great Prescott Street—that was close on 500 yards from my rank—I asked him what number I was to take up at—he said, "I will show you, it is just past the Roman Catholic church"—we had some discussion then as to the fare—I asked him half-a-orown; he said it was too much; ultimately I agreed to take 2s.—he said it was too much because he could get it down by rail for 8d. or 10d., but there was the difficulty of getting the box to the station—he got into the cab; I drove him to either the first or second house eastwards of the Roman Catholic church—I saw a box come out of an iron gateway leading to the house facing where I stopped my cab—it had an area in front, with steps going down, I think—I put up my rail behind, and by the time I had done that it was waiting on the pavement—he handed the box up to me himself, I placed it on the roof—he then gave me the address, 90, Turner's Road, Burdett Road, Bow, to drive to—he said it would not take me long as I could go through some back turnings—on the road we stopped at a public-house and had some drink together—he then told me to get ready, and he went into a newspaper and cigar shop and said he was going to get a news-paper—when we got to Turner Road, Bow, I merely, lifted the box off the roof and placed it between us on the fore part of the cab, and he lifted it off himself and carried it to the door—considering the size of
the box I imagined it was empty, and I did not hear anything rattle; it was light.
Cross-examined by MR. LITTLE. While I was being examined at Bow Street Burton said, "I approached him first; I asked him what the fare was; he said 3s.; I said it was too much, and he said 'I will take you for half-a-crown,' and I did not contradict it, and he drove me to place; I did not give him a cigar, but I gave him a drink"—he said that at the close of my evidence—he acknowledged that I was the cabman who took him from Prescott Street with a box to Turner's Road, Bow—I said at the police-court that he stopped me from 25 to 27—I think I said, as far as I could judge, he stopped me outside 25, Great Prescott Street—I have been to look since on one occasion when I went down with a policeman—I said it was eastward of the Roman Catholic church—there are two railway stations within three minutes' walk, Leman Street and Fenchurch Street; Pen-church Street might be five minutes' walk; Mark Lane is not connected; that would not do—the Leman Street Station communicates with Bow—Burton brought the trunk from behind the railings—I did not hear any knock or ring, or any person come to the door; I think the time was too short for the door to open—he simply went behind the railings and brought it out at once; it was-evidently there—it took me but a very few moments to put up the back rail of my cab—I think there was no going into the house—I did not see or hear any knock or ring; I don't think there was time for it—I saw no man there—I know Turner's Road, Bow; I know the neighbourhood—I know where Dodd Street is; I don't knot how far it is from Turner's Road.
WINIFRED OANNON (Recalled). There is only one door between my home and the Roman Catholic church: I am next door to the church, on this side of it—I have heard the cabman state that he stopped opposite 25; that is the other side of the church; I don't know whether that is the east or west side—25 is on one side of the church, and my house is on the other side—Burton never had a latch-key.
SARAH MOORE . I am a widow, and live at 32, Scarboro' Street, Whitechapel—I let furnished lodgings—on Monday, 12th January, Cunningham came to my place in the afternoon part between 4 and 5 o'clock—he applied to take a room—I showed him an ante-room on the first-floor; the rent was to be 5s.—I asked him if he was a tailor—he said no—I said "Are you a Jew?"—he said, "I am a Liverpool man"—I asked when he had been living—he said, 40, Prescott Street, at Miss Cannon's—I asked why he was leaving, he said because his bedroom was not properly arranged when he got home—he paid me a deposit on taking the room—he said he would come in on the Tuesday evening; he did not come till Wednesday evening, about 5 o'clock, or a little after—I opened the door to him—I said, "You have come, then; I thought you were not coming?"—he said, "I could not come last evening"—he had this brown bag with him—he asked for a latch-key—I gave him one—I said,! "What is your name, provided you have any letters, or any one comes to see you?"—he said, "Dalton"—I did not suggest any name to him; the name came from him—I never heard of his going by any other name than Dalton—I said I should recollect it because it was a family of that name down at my own home—after this he paid me the remaining 3s., and I said, "You have now paid a week in advance," and I left him in the room—he remained there for a few minutes and then went out; he was
away for five or 10 minutes—he remained in his room a second time for I some time, and then went out again—when I went into his room afterwards I saw in there a black box; that produced is very much like it; there is no difference—it remained there until the police took possession of it—I did not see him much, but I attended to his bed, so that I knew he had been sleeping there—he used to go out about 9 o'clock in the morning—on Thursday the 22nd he came down to the kitchen-door and paid me 5s. for another week, and I said to him, "Mr. Dalton, are you working about here?"—he said, "No; I am looking after a clerk's situation"—he said, "I have been in the provision stores, but I gave it up; I did not like it;" but he did not say where—he usually went out about 9 o'clock in the morning, and returned about 6 o'clock; sometimes' a little before, sometimes a little after, but about that time; then he would go out again, sometimes—on Saturday, 24th January, I heard him come into my house between 12 and 1 midday; I did not see him, but I saw his back just as he was going out—when he came in he went to his own room; he remained there from five to 10 minutes, and then he went out; I was in the kitchen, and could hear him overhead—on the same night he was brought to my house by the police—he went into his room with them where the bag and the box were, and the police afterwards returned and took possession of them—as far as I am concerned, and as far as I know in relation to any one else, the contents of that box were not touched but by the prisoner—no one called on him while he was lodging with me.
Cross-examined by MR. RICHARDS. What made me ask the prisoner if he was a Jew was because the principal of my gentlemen are Jews—I noticed nothing peculiar about his speech when he talked to me—I didn't think he was a Londoner by his conversation, I thought he was a Jew—the room that I let him was not quite on the first floor, it was between the ground and the first floors, about nine steps up from the ground floor—I told him I thought him so very quiet; I did not mean that he had not indulged in any conversation while he had been there, I thought he didn't feel comfortable—all my lodgers keep their own bed-rooms and their own apartments, I have no common sitting-room in my house—I told him always to lock his door when he went out; I always found it locked; I could get in to clean it, the key was always hanging at the side of the door—I never saw anything suspicious in his room—when the police brought him back to me on the Saturday evening I think it was between 8 and 9 o'clock; I can scarcely tell the time—I had had a visit from the police before that; at about 6 o'clock, or it might have been a little later—they went up into his room then—I remained in the room with them for a short time—I can scarcely remember what they did, I was so confused at the time; they had some keys, I know; I don't remember seeing them used—when they came back with the prisoner at 8 o'clock I did not go up in the room with them, I went on the stairs when they went away at 6 o'clock the key of the room was left behind-I did not tell any of my lodgers that the police had been about my lodges there was no one in—I don't keep a servant—no one came in to inquire what the police had come about—I was alone in the house the whole of the evening until the police came to take him out—they took the prisoner's box away about 11 o'clock—I was alone in the house till the box was taken away—no one called between 8 and 11 o'clock; none of my lodgers
came in—they have all latch-keys, I don't go to the door unless there is a knock or a ring—my lodgers go out generally about 8 or half-past 8 in the morning at the latest—I did not have any lodgers in that night-Saturday was the Jewish Sabbath—my lodgers were all at work, I believe, none of them came in in the afternoon or the evening to change their clothes—I never saw anything of my lodgers from 8 o'clock in the morning, ing, they came in after 11 o'clock, after the box was taken away—they were in before 12 o'clock—I never saw any visitor come to see the prisoner.
RICHARD FRANCIS HARVEY . The prisoner Burton lodged at my house from the 10th of January till he was taken in custody—I knew his name as Burton only—I have every reason to suppose that Burton was working at Herman's factory by his going out early in the morning and coming home about 6 o'clock in the evening—Mr. Dietz, who has been called, has been to my house at any rate once—I feel certain that no one called to see Burton from what my wife told me—I am not at home during the day—I go out at half-past 7 in the morning and return at 5 o'clock in the evening—my wife told me no one called during the time I was out-luring the time I was in no one except Mr. Dietz ever came to see Burton.
SAMUEL HORTON . I prepared these plans of the Tower of London; they are correct. (The witness proceeded to explain the plan, and to point out the route which visitors to the Tower would have to pursue.)
Cross-examined by MR. RICHARDS. Visitors take tickets up eight or nine stairs, go up the winding staircase into St. John's Chapel, and through into the Banqueting Hall, to the right of where the explosion took place, and pass down and up to the next floor round the well-holes and show-stands, and then descend—it is about 300 feet from the exit of the White Tower to the other tower—I believe red cords are put to keep the people to the route, but I did not see them—from the door to the stair is 9 feet 6 inches—it was about 1 foot 9 inches from the arms rack to the wall at the point of the explosion; the rack was not there then.
ANN NUNN . I live at 138, Upper North Street, Poplar—on 24th Jan. this year I went with Elizabeth Bailey to the Tower of London—I could not tell what time we got there—I met my friend about half-past 1 o'clock—we got tickets at the ticket-office, and first of all we went to the Jewel room, and then came out and went towards the White Tower—there will a place on the steps where we had to give up our tickets—we then went up a number of steps into a chapel—until we got to the top of the steps we saw nobody; we then saw two little boys in the chapel—there was Do one except the two boys and a warder in the chapel—we then went out of the chapel and into the Banqueting Hall—the boys were in front of us—as we turned round the corner we saw a little smoke coming up from the right; it seemed to be coming from the floor—I could not say how far it was from where I was—after that there was a dreadful noise, and it seemed as if I was being driven back—after the noise gave over I was lying down with the arms on me—somebody helped me out and I was taken to the hospital, and remained there till the 4th February.
Cross-examined by MR. RICUARDS. I saw nobody else in the Banqueting Hall before the explosion took place—I don't know how many stands I had passed before I was knocked down, I had just turned the corner—the warder in the chapel was standing where the altar is, he was not close by
the door leading into the Armoury—the little boys were not far ahead of us, they were very close on, and then got farther away.
ELIZABETH BAILEY . I live at North Street, Poplar—I remember going to the Tower of London with Ann Nunn on 24th January last—we had just gone through the chapel when I saw some smoke coming up on the right side, it seemed coming from the floor—after that my feet seemed on rollers, and I fell; I do not remember falling; I was injured, and they took me to the hospital.
Cross-examined by MR. RICHARDS. I saw the little boys in front of us—I saw nobody else but the boys in the hall—I saw two warders in the chapel; one came out from under the rope, and the other went under it; they would be very near to the door going into the Banqueting Hall.
ERNEST STBATTON . On Saturday, 24th January, I had a half-holiday, and went to the Tower with my friend Herbert George—we went up the steps and saw two ladies at the top of the steps—there was a Beefeater and a policeman in the chapel—we went from there into the place where the rifles are kept—as we got in there we noticed some smoke on the left-hand side, and then there was an explosion, and we were knocked down—before the explosion I smelt something like a fusee—we had got about three or four yards into the room before the explosion took place—I was taken to the hospital, and had to stay there some time.
Cross-examined by MR. RICHARDS. When wo had got into the hall about three or four yards we could see all the way down—I saw a police-man and two ladies in the gangway—the policeman in the chapel was standing by the chairs that run down the chapel on the farther side; the Beefeater was standing against the door leading into the hall where the arms are kept, and the policeman in the hall was standing right at the other end of the passage, and there was no one in front of me in the hall except Herbert George—I did not notice any one in the chapel besides the Beefeater and the policeman—I have been to the Tower before, and I know my way about.
Re-examined. It was about a quarter to 2, or something like that, when I gotto the Tower.
HERBERT GEORGE . I went with the last witness to the Tower of London on Saturday, 24th January—we got there about 10 minutes to 2 p.m.—I went up the stairs with him and through the chapel—after we got through the chapel I noticed some smoke and a smell like gunpowder—then about three minutes after there was an explosion and a noise, and I think I was knocked down, I am not sure—we had got about halfway down the Banqueting Hall—I was hurt on my thigh and right hand, and was taken to the hospital in the Tower, and then home.
Cross-examined by MR. RICHARDS. I had been to the Tower before and knew my way; I was leading the way for Stratton—I saw a policeman and a workman talking at the farther end of the hall from where we were—I have never been to the Tower across the parade ground, I don't know that way.
Re-examined. I should not know the policeman again, I was not enough to see his face.
JAMES MUNROE . I was a labourer at the Tower when I was there last, I have not been there this 10 weeks—on Saturday, 24th January, I was on duty there all day until 4 o'clock—about 1 o'clock I was having my dinner in the Banqueting Hall; I do not go out to my dinner on these
days—I finished my dinner about half-past 1, and was walking about after that in the Banqueting Hall near the entrance to the chapel; that is where I had my dinner—if a person came into the White Tower and wanted to go into the Banqueting Hall he would have to pass me at soon as he left the Chapel of St. John, he would pass me before he got into the room upstairs—if a person is making the regular round as the visitors do he comes from the chapel in the south building and goes & step or two and comes into the gangway to the north, and then he bends to the west again till he gets to another staircase, the north-west stair case, and goes up into the Council Chamber—at the time of the explosion I was near where they come straight from the chapel up towards the north; I was about four feet away from that passage when the explosion took place about within three feet or so—there is a parting wall. (The learned Judge here pointed out upon the plan the various places to the witness.) This is the gangway, and I was about here (Pointing with his finger on the plan), and this is the other end of the wall, there is a thick wall, and this leads into the other rooms—I saw the dark young man, the shortest (Cunningham), on this Saturday in the Tower between the figures 8 and 9 (Referring to the plan)—he was then coming from the figure 7 to go over 8 and 9 till they get upstairs to the Council Chamber—that is the usual way, there is no other way for visitors to go—he passed me from the figures 8 to 9—I have no doubt that is the man I saw—he did not come back that way again, if he had he must have passed me again-I have seen him round the White Tower before, in the month of January, I could not give you the date—on the Monday after the explosion I saw him at Bow Street amongst seven or eight other men, and I picked him out—I heard an explosion a little while after Cunningham had passed me—I finished my dinner at the half-hour, and he passed me some minutes after that, some short time after—the place was set on fire, and the arm-racks were knocked about—my head has got a severe shock, my eyes are running with water, it dims my sight sometimes—I had seen the prisoner Burton a week or so before the explosion; I have seen him pass through the Tower, but not on that day.
Cross-examined by MR. RICHARDS. I did not see Cunningham with Burton—Saturday is a free day at the Tower; sometimes we have good many visitors—when I saw Cunningham go by I was coming from the west window, coming back towards No. 7—I used to walk backwards and forwards; when I came to No. 7 I could see down to the right where the explosion took place—I met him past No. 8; he was going towards No. 9; he was coming from the east towards the west—he was close by No. 8; he seemed to walk on not taking any interest in the objects that were about him—this photograph I should take to be a portrait of Cunningham when he was younger; I will not swear that I did not see any persons like that there that day—there were not many passed by me between 1 and 2 o'clock that day; it was rather a slack day; there were about 10 in the hour—when I was having my dinner I went into a small recess away from the view of the public—I attend Great Prescott Street Church; I am one of the collectors there—I had never seen Cunningham there; many might go in without my seeing them—I do not collect all round—I should think it must have been 20 minutes after Cunningham passed me that the explosion occurred—I have been at the Tower some time—after you go upstairs on the first-floor and then descend opposite
the barracks, the exit is opposite the barracks—starting from the point I saw Cunningham, and walking leisurely, as he was, along the visitors' route through the Council Chamber to Beauchamp Tower, would take from seven to 10 minutes—all the arms on the rack stand on their ends—any one could easily walk behind that rack; the distance from the wall is 21 inches—I have been in there and cleaned the rifles; you would have to go in sideways—there was a little iron wicket opened from the chapel-door; that would come across to the stand—the wicket would not quite reach across to the rack when the door is open; there would be a very narrow space between the end of the rack and the wicket; but the wicket was not fastened; you could turn the wicket back, and it would give you more room—the wicket was open because the door was open; it is a mere little swinging gate which anybody could push back.
Cross-examined by MR. DUKE. I saw Burton on one occasion at the Tower; he was close to No. 7; he was passing through the Tower as an ordinary visitor—on that day nothing happened at the Tower out of the ordinary course—I keep strict watch on persons in the Tower at all times.
Re-examined. From 1 to 2 o'clock is the slack time with regard to visitors, and that day was the slackest time we had round there for some time.
CHALES EAST (Policeman H). On Saturday, 24th January, I was on duty at the Tower—I go on duty at 6 a.m. and remain till 2 p.m.—at a little after 1 o'clock I was where the public come and get tickets to go to the Jewel Boom and the White Tower—Gallagher was on duty a few yards from me; he went off duty a little after 1 o'clock, and a few minutes before he went to his dinner, which was at 1.15, I saw the prisoner Cunningham come down the steps from the ticket-office—he had passed Gallagher before he came to me; and went in the direction of the White Tower, and I saw no more of him—the explosion took place exactly at 2 o'clock; that was just the time I was going off duty—on Monday, February 2nd, I went to Bow Street and saw Cunningham and a number of people, and picked him out—I am positive he is the man.
Cross-examined by MR. RICHARDS. Saturday is a free day at the Tower, and as rule we have a number of visitors—I noticed his sullen look and downcast face—Saturday is a great day, and I took him for a Polish Jew; that is why I noticed him—he had a dark-brown coat on and a round billycock hat—I did not see him carrying anything—I regarded him as an ordinary-sized man—there was nothing particular in his clothes which attracted my attention—it would take him about seven or eight minutes to walk from where I was to the White Tower—I was on duty at the step leading to the inner office, and Gallagher was where the large wooden gate shuts—I was at the first gate as one goes in from Tower Hill.
THOMAS GALLAGHER (Policeman N). On 24th January I was on duty at the Tower by the west gate, the principal entrance, about 10 yards from the ticket office—it is part of my duty to see whether the visitors who come there are carrying any bag or parcel, and if so they are obliged to leave it in the waiting-room and not carry it into the Tower; he gets his ticket and then leaves bis parcel—I was on duty till my dinner-time, 1.10 or 1.15, up to which time I saw that that regulation was carried out—between 10 minutes and a quarter past 1 o'clock I saw Cunningham pass into the ticket office, but did not see him come out.
Re-examined. I returned from my dinner about 20 minutes afterwards and went on duty again—I heard the explosion—that was just on the strike of 2 o'clock—I ran to the gates and shut them, about three minutes, as near as possible, after the explosion—there was a gentleman and a lady and what appeared to me to be a child passed at the side entrance before I could get there, the lady was carrying the child in her arms—the gates were then shut; and all the people then in the Tower were kept in for time, and I took charge of the gates—a number of police came afterwards—the names and addresses of the different visitors were taken, and Cunningham was afterwards detained and taken into custody inside—on the first day he was brought up I went to Bow Street and saw Cunningham there in a room with a number of other people; I am quite sure he is the man.
Cross-examined by MR. RICHARDS. This (produced) is the ordinary guide-book which is sold inside the Tower gates in the ticket office, most strangers would buy one—I have been on duty in the Tower nine or 10 years—this guide-book says, "On quitting the White Tower the visitor would proceed across the Green to the Beauchamp Tower"—that is the way in which visitors would generally go after coming out of St. John's Chapel and the Banqueting Hall, it is the general route—I don't know how many people went out between a quarter-past 1, when I saw the prisoner go in, and 2 o'clock—I came back from my dinner about 25 minutes to 2 o'clock, I can't say how many people went out between that time and two o'clock, but I know it was a very Black day; that day slacker than usual, some people went out—I didn't look at the clod when the explosion took place, but I heard the clock in the White Tower strike 2 o'clock—when I heard the explosion I ran and closed the gates—that was about three minutes after; that was not by order, I used my own discretion—there was an alarm given that there was an explosion in the White Tower, and directly I heard the alarm given I ran and closed the gates, the alarm was given to me by a military man in the Tower—he ran out and said there was an explosion in the armoury in the White Tower; I expect he ran from the White Tower down to the gates, so that there would have been an interval of about two or three minutes as near as possible—the explosion didn't excite me, it it is a general occurrence to hear the guns towards Woolwich, but we were surprised to hear the explosion for the moment, it seemed to be near at hand and caused a little excitement—there were very few people passed out besides the gentleman and lady and little boy, if any, I didn't notice them—I didn't see anybody like that photograph go into the Tower, that might be a likeness of Cunningham when he was younger than be is now—I have not been in Court this morning; I have not spoken to Munro or anybody else about anything in this Court—I don't know either of those two photographs (produced)—it was not my duty to take parcels from people, but to direct them to leave them in the parcels' department—I didn't see Cunningham carrying a parcel, there was no appearance of anything concealed upon him—my business called me out at times, I had other business to attend to—I saw nothing to lead me to fancy that he had anything about him, I didn't pay particular attention to him more than any one else—I might identify a good many of the people that went in between 1 and 2 o'clock that day.
Re-examined. At the time of the explosion I was standing about
five yards from the front entrance, the gate that I closed; I was standing between the ticket-office and the main entrance—from the time I heard the explosion to the time I closed the gates I should say there was not about five or six people went out, because it was very slack; none passed out after the lady and gentlemaa and child.
JOHN DEVERAL (Policeman H). On this Saturday, 24th January, I was on duty in the Reception Room; that is also called the Gun Room; that is on the floor leading on to the Parade Ground—the people who pass through the White Tower go through the Chapel, the Banqueting Hall, and the Council Chamber, and then come down afterwards to this room where I was, on the way out—I was on duty there at the time of the explosion, and had been for some time before—about a quarter of an hour or 20 minutes before the explosion occurred I saw the prisoner Cunningham in the Reception Room; he passed out in the ordinary way on to the Parade Ground—just before he passed out I had seen a man, one female, then came two females and a man in front of him; the two females and the men were in company together, Cunningham was following them close; when he had gone out I saw no one else in the Reception Boom; after he passed out about 10 or 15 minutes elapsed before the explosion took place—I at once ran through the room and saw Constable Tice with the two little boys and also a woman carried through to the upper floor; they were attended to, and sent to the hospital—afterwards I went to Bow Street and saw Cunningham with a number of other persons and recognised him—I am quite sure he is the man I have been speaking of.
Cross-examined by MR. RICHARDS. The Reception Room is on the ground-floor, the last floor passing out before they go to the Beauchamp Tower—there was no one passed out from the time Cunningham passed out till the explosion—the two men that passed out before Cunningham were not like this photograph; I did not see either of these; they were ordinary working-class people—the only thing that I noticed about Cunningham that enables me to recollect him was I thought he was a Jew, a Polish (Jew, a foreigner; I did not think he was an Irish American; I don't know if I should have taken him as one if he had been lodging at my house—I do not see which way the visitors go after passing out of the room, but as a rule they go to the Beauchamp Tower to see that; that is the regular route—it would take an ordinary walker to get from where I was, out of the Tower gates into the open street, about 10 minutes, from the time he passed out of the Reception Room to the time of the explosion there would have been ample time for him to have got out of the Tower.
ALFRED TICE (Policeman H). I was on duty at the Tower on this Saturday, 24th January, at the north end of the Banqueting Hall—I saw Munro there, and had spoken to him about a minute before the explosion—I fix the explosion at 2 o'clock; the clock was just striking; it had struck the one, and the other one was just striking when the explosion went off—I saw at once that it had knocked off a number of the rifles, and I heard screams—it affected me, the shock—as soon as I recovered myself I went at once to that part of the Banqueting Hall leading to St. John's Chapel, just where the explosion occurred; up to that time, from the time I spoke to Munro, I had not seen any one in the Banqueting Hall—it was between 10 minutes and a quarter of an hour before
the explosion since I had seen any one pass through the Banqueting Hall to the upper part in the ordinary way—when I got to the places where the explosion was, just by there within a few yards I found the two boys Stratton and George, bleeding, having been knocked over by the explosion; I took hold of them and carried them down to where Deveral was; I also saw one of the young women close by there—I at once assisted in putting out the fire; it was burning for about 20 minutes.
Cross-examined by MR. RICHARDS. I have been staying at the Tower a long time—there are a number of soldiers in the garrison there; theydo go round; they have to get tickets; I did not notice any go through; on that day—I was stationed at the north end of the Banqueting Hall; that is the opposite end from the entrance to St. John's Chapel; I could see the whole way down the gangway—I went on duty that day at 10 a.m.; I had been absent from about a quarter past 1 up to about 18 minutes to 2—I never saw Cunningham go through, not from 18 minutes to 2 to the time of the explosion—soldiers garrisoned at the Tower would have to leave any bag or parcel as any ordinary person would; that was the rule in January—I know the rack very well; any one could get behind it without squeezing or going sideways if they were careful; they could do so if they had got a large overcoat on—I have never measured the distance behind the rack from the wall, I can walk through; I don't think you would have to walk sideways; I never walked sideways through it—it is my duty to watch the gangway.
FREDERICK ABBERLINE (Police Inspector H). About 40 minutes past 2 on Saturday, 24th January, I was called to the Tower, and found the gates closed—a number of persons who had been in the Tower at the time of the explosion were gathered together at the gates, waiting to get out: they were shut in by the gates having been closed—I received instructions to take the names, addresses, and occupations of the different persons who were inside, and it was done—an inspector and sergeant wrote down the names and addresses, whilst I stood by and assisted in getting from the various persons their names and so on—among the persons who were gathered round the gate was the prisoner Cunningham—he came in his turn about a quarter to 4 to pass through the gate, and gave the name of James George Gilbert—when I came to his address I understood him to say "Cherbourg Street"—I asked him where Cherbourg Street was—he replied "Whitechapel"—I then asked him what part of Whitechaped this street was in, as I knew no such street—he said, "Near Great Alie Street"—upon that the inspector who was writing down the names said, "Do you mean Scarborough Street?"—he said "Yes"—he was then asked what he was by employment—he did not answer at first and I did not know whether he understood the question, and I asked him myself, and he then said, "Labourer"—I then inquired where he was employed—he replied, "Nowhere"—I then asked him what countryman he was—he replied, "I am an Englishman," but not so readily as I am answering, he repeated every question I put to him—when he said he was an Englishman I asked him where he had been last employed—he said, "Liverpool"—I asked him where at Liverpool—he said, "At the docks"—I then asked him what he was doing in London, and how long he had been here—he replied that he had been here two or three weeks and had come to better himself—I asked him how long he had been at
Liverpool—he replied, "Two or three months"—I thought it, right to pass him into the police-office which is at the Tower; it was close where I was standing, the door was on my right, it is just underneath the Bayard Gate—the Assistant Commissioner, Mr. Monro, and Superintendent Arnold were in there—I then went outside to attend to the other persons, intending to speak to the prisoner later on if there were no others there—when I came back I found a written statement had been taken, which was read over to him—I was absent, I should think, three-quarters of an hour—I heard him then say that he had resided at 30, Great Prescott Street, Whitechapel, and he was known by the name of Gilbert, and had removed from there to 32, Scarborough Street—I took from him three keys at the Tower, one of which was the latchkey of 32, Scarborough Street; the other two keys related to the black box and the bag—I went with him to his lodging in Scarborough Street, where he pointed out in his room the black box and bag produced—he was taken to Leman Street Police-station, and the bag and box were taken to the station, I sent Sergeant White for them—shortly after we arrived at the station a telegram arrived from Liverpool, and I said to Cunningham, "We have received a telegram from Liverpool, and no such person appears to be known at the address you have given, and Stock says he had no person working at the docks"—he said that what he had said was perfectly correct—the name of Stock and the address came from a written statement—White brought the bag and box from Scarborough Street to Leman Street Station—they were locked—I put them in a small ante-room, which was locked up, attached to my office—I took possession of the key, and on Monday evening, the 26th, I first examined the contents—the locks had not been tampered with, they were in exactly the same state as I left them in—Jarvis called out each article, and I made the list—there were two walking coats, some waistcoats, and the natural articles a man would have, and a few books. (The Guide to the Tower was found on his person.) When I came to the bottom of the box Jarvis handed me this envelope (produced) and this piece of metal, which was then bright; I thought it was the top of a pencil-case at first—there was some white substance in it which glistened like what you see inside percussion caps—it was taken to Scotland Yard; I initialled it and I afterwards gave it to Dr. Dupré Colonel Majendie also saw it—on the Saturday evening, while Cunningham was detained, I went to 32, Great Prescott Street, and saw the landlady, Miss Kelly, and in consequence of what she told me I spoke to Cunningham, and took a note next night of what he said; this is it—I said to Cunningham, "We have made inquiries at 30, Great Prescott Street, and find when you arrived there you had with you a large brown box and bag; the landlady states that you afterwards took the brown box away, and you told her you had borrowed it from a friend; now if you like to refer me to your friend we will make inquiry if you think it will be for your benefit"—he replied "She says I had a box, does she? she is lying"—at that time I was quite in doubt about his guilt or innocence—he was charged at Bow Street on Sunday, the 25th, and gave his name George Gilbert—he afterwards asked me what name we had got down—I said "James George Gilbert"—he said."My proper name is George Gilbert Cunningham"—I found on him 7l. 11s. 10d., a silver watch and chain, a cigar case, and a guide to the Tower of London—at that time and up to the examination
of February 2nd at the police-court he was wearing a greatcoat, under which he had the same clothing which he has on now, with the exception of the brown coat which he is still wearing—when he was arrested he had a walking coat and a dark overcoat—I am sure he had that over-coat on at the Tower—I did not take it from him till February 2nd—on that day Alfred Chambers came to the police-court, and in consequence of what he said I caused Cunningham to take his coat off, and another was supplied to him, which he is now wearing—this is the one he took off—I showed it to Chamberlain—it has the maker's name on it, A. Lazarus, 244 to 246, Shoreditch—inquiries were made as to what had become of the American box, in consequenae of which Jarvis and I went to Burton's room, 90, Turner's Road, where we found this brown American trunk, which we have produced, and this black bag was in the ante-room—I found in the box a map of London, which came from Dickens's Dictionary of London for 1884—there was Dickens's Dictionary of London, a guide to the Beauchamp Tower, a guide to the Palace of "Westminster, a part of a New York newspaper, and several other newspaper including several English ones—14l. 15s. 3d. was found on his person—the books were on a shelf in his room, and a few of the papers in his bag—in the large box there was a calico packet, some envelopes and writing paper, and some light brown paper—Great Prescott Street is about 200 yards from 30, Scarborough Street, which is about 900 yards from the Tower—it took me three minutes to walk from 5, Mitre Square to Aldgate Station, and from Mitre Square to Great Prescott Street seven or eight minutes.
Cross-examined by MR. LITTLE. It is about 500 yards from Herman's factory, Dodd Street, to 90, Turner's Row, Bow, and from thence to Mitre Square is about a mile and three-quarters—I cannot say how far the Portland Road Station is from the Waverley Hotel—I have never been to it—Giles has been there with a notice; he could tell you—I should think it possible for two men leaving the Waverley Hotel and separating for one to go by Portland Road to Paddington and Victoria and deposit a bag at Paddington and Victoria Stations within half an hour—it would depend on the trains; they are every three minutes—the explosion at London Bridge was on the 13th of December last—I know nothing of the Harrow Road explosion, or only from hearsay—I have only given a selection of things found at Burton's lodgings—I do not remember a shirt marked Burton—there were various other things, such as dictionaries, guide books, railway books, maps, &c., besides several papers and an out-patient's letter to St. Bartholomew's Hospital—I have made a long list—they were found in various places—Burton was there when I went—I believe his box was unlocked—I took possession of about fifteen of his tools, including a rule, a few days after at Herman's factory—there was no opposition made to our examining the things—we told Burton who we were and what we came about.
Cross-examined by MR. DUKE. I was not at the Tower at the time of the explosion—I am attached to Leman Street Station—220 odd names and addresses were taken—I am satisfied no one passed the gates after I arrived, as the gates were closed and men posted there—the police ascertained that the names and addresses were correctly given in every instance—Cunningham did not present himself till a quarter to 4 o'clock—the people had to come up by turns—he was not. deaf, because I did
not repeat my questions in a louder tone—he did not seem to understand—when Scarborough Street was mentioned he said "Yes"—I wrote down what he said the following evening when it was fresh in my recollection—he did not say he had been in Liverpool two or three weeks, but two or three months—his statement was read over to him by Arnold in my presence—he told me the keys I took from him belonged to a bag and a box—he made no objection to my having them—I did not examine his box, as had been done—he took out one shirt and I took hold of one other article—I was informed by Jarvis quietly that he had examined the things, and I thought it unnecessary to do it again—I never saw the metal till the box was examined at Leman Street—that was on the Monday.
By MR. RICHARDS. The prisoner was wearing this overcoat when I detained him—I cannot say whether it would be possible to conceal any large parcel of dynamite under it, it is an ordinary coat. (The prisoner here put on this overcoat over his other one.) He did not look like that in the Tower—I cannot say whether it would be possible to conceal any infernal machine or parcel of dynamite under that coat—the coat is a fair fit, it looks all right—he had got the coat on underneath the same small coat as he has got on now—this guide-book which was found is only an ordinary guide to the Tower, there is no plan of the Tower in it that I know of—these two pairs of flannel drawers I found in his box, and amongst other works a book called "Something to Read," a song book, and two memorandum books—I looked at one; there were a few words in it that I forget, there was nothing treasonable—there was also a portion of the Globe newspaper, a fusee case, and two cigars; I made a complete list of everything that was found—it would take in my opinion five or six minutes to walk from where the tickets are issued in the Tower to the scene of the explosion, and from the Reception Room exit to the gates it would take about the same time.
THOMAS ARNOLD . I am Superintendent of the "H" Division of Police—I was at the Tower on the afternoon of Saturday, 24th January—at that time Mr. Mooro, the Assistant Commissioner of Police, had arrived there from Scotland Yard—the prisoner Cunningham was detained there, and in my presence Mr. Munro put a number of questions to Cunningham and I took down in longhand a narrative embodying the questions and the answers, which I produce—after he had answered the questions and I had taken them down I read them over to him, Abberline was present; I don't know if Jarvis was, he had been sent on a message, most probably he was—Cunningham made no reply—Cunningham also wrote down the name and address on that envelope produced at one period during the time he was being questioned, in consequence of our not understanding the name of the place he said he came from in Ireland, and then he wrote down his mother's name and address in Ireland as it is there: "Caterine Cunningham Gurtamona Schull"
Thursdayy May 14th.
FREDERICK JARVIS (Police Inspector). On Saturday, 24th January, I went to the Tower—the prisoner Cunningham was brought into the police lodge after I arrived there—I heard certain questions put to him by Mr. Monro, the Assistant-Commissioner, which were taken down by Superinteudent Arnold; I heard what he said on that occasion—in consequence
sequence of what Cunningham said I left the police-office and telegraphed to the police at Liverpool, and before I got the answer back I went with Sergeant White to 32, Scarborough Street, Whitechapel, and there went into a room which was pointed out to me as Cunningham's room, I there saw the black box produced and the bag; the bag was locked—I obtained several hundreds of keys, and got one that fitted the box—the box was not full at that time; there was some clothing, brushes, and toilet requisites in it—Sergeant White handed me out the things, probably half a dozen or more, and they were laid on the bed (there was nothing on the bed at that time), I then felt round the bottom of the box, but found no letters or papers—at the time I felt round there was some underclothing, socks and such-like, at the bottom, that I had not taken out—I had never taken the things from the bottom at all—I found no letters or papers, and put the things from the bed that I had taken out back into the box, and locked it—I then examined the bag that was in the room; it contained wearing apparel; I felt in that, but there wen no letters or papers there—I then left the room with Sergeant White—this was between 5 and 6 o'clock in the afternoon—when we got out into the street we met Inspector Abberline coming along with the prisoner Cunningham, and I went back with them to the house, No. 32, but I did not go into the room again; White and Abberline, and the prisoner Cunningham, did—afterwards Abberline came out, and I and he tool Cunningham to the Leman Street Station—afterwards I went to 30, Great Prescott Street and saw Miss Cannon, and made some inquiries of her—I afterwards received this telegram (produced), and said to Cunningham that we had received a telegram from Liverpool, and read it to him-this is it: "Chief Superintendent Williams, Liverpool, to J. Momo; Assistant Commissioner, Leman Street Police-station. No. 28 in street Stock keeps beerhouse, 31. No person named Gilbert or Cunningham has lodged there; has had no lodger that works at docks"—when I read that to him I said, "Your statements concerning yourself when in Liverpool are untrue," he replied, "I don't care what they say; what I hare said is true"—I also said to him, "We have also inquired at Scarborough Street, and the landlady is positive you gave the name of Dalton, and did not mention Gilbert"—he said, "I don't care what she gays; I gave my name as Gilbert, but she called me Dalton, and I didn't think it worth while to correct her"—that was all that passed then—later the same evening I spoke to him again; I said, "We have inquired at Great Prescott Street, and the landlady, Miss Cannon, says that when you arrived on Christmas Eve you had with you a large brown American trunk and a hand-bag, and that you afterwards told her the trunk belonged to a friend of yours who you expected might call for it, and that is the reason you gave her for purchasing the black bag you now possess. Can you give me any information about that trunk, or your friend?"—he replied, "If she says that she is lying; I never had but the one trunk, and that is the one I have got now"—afterwards Sergeant White brought to the station the black box and the bag, in the same state as I had left them—Cunningham was detained at Leman Street Police-station on this Saturday night, and on the following day, Sunday, he was taken to Scotland Yard, and afterwards to the Bow Street Station, on Monday, 26th January, I was at Bow Street, and Inspector Abberline gave evidence that day for the purpose of a remand—after the remand I
went to the Leman Street Police-station, and there in a room which was locked was Cunningham's box—it was unlocked with keys that Abberline had got from Cunningham—I examined all the articles in the box—I took them out singly, and examined each article separately, one by one—I shook every article out—at the bottom of the box I found a small, copper tube containing some white substance—this is the tube (produced); it had some white substance in it at the time—I had just undone a pair, of socks and shaken them over the box, and I heard something drop on the bottom of the box—there were some silver links or studs at the bottom of the box—I called Abberline's attention to this at once; he marked it and afterwards locked it up in his desk—on the following day, 3rd February, in consequence of a statement made by Crosby, the cabman, I went to 90, Turner's Road, Burdett Road, Bow, about 11.45 a.m.—Cunningham had been before the Magistrate on Monday, the 2nd—I there saw the prisoner Burton—I said to him, "Did you bring a box from Great Prescott Street, Whitechapel, about a fortnight ago?"—he said, "Yes, I was walking through Great Prescott Street one evening, near the church, when I saw a man with it on the side walk. I said, 'Will you sell that trunk?' He replied, 'Yes.' I then asked him how much he wanted for it. He replied, '10s.' I said, 'I will give you 8s.' He replied, 'All right, I will take it.' I paid him in silver. The man then looked after it while I fetched a cab, and I then brought it here. I did not know the man I bought it from, and I have never seen him since"—He also said, "I arrived from America on Christmas Eve, by the steamer Oregon, stayed in Liverpool one night, and came up to London on Christmas Day. I have been here before. I came over in April last year, and returned in September. I am a cabinet-maker by trade"—we had this conversation in his own room; that large American trunk was there, the bag or valise, and a black Gladstone bag—I took, possession of the trunk, and informed Burton that his statements were not quite satisfactory, and it would be necessary for him to accompany us to Scotland Yard pending farther inquiries, and that was done—I took possession of the box and the bag and the things in the room the same night—he was charged on Thursday, the 5th, before Sir James Ingham, and remanded till the 9th so as to be brought up and jointly charged with Cunningham—he was formally charged with being concerned with another man in custody in maliciously causing an explosion at the Tower of London on 28th January—he denied that charge.
Cross-examined by MR. LITTLE. I have frequently been in the street in which the Catholic chapel is—next to the chapel there is a building like a priest's house, and there are railings in front—I think the priest's house is built of brick—I have been inside the chapel once—No. 30 is next door to the chapel on the same side—I do not think No. 25 is on the other side of the priest's house—my impression is that the odd numbers are on one side of the street and the even numbers on the othen—I have seen the area in front of No. 30—part of it is flagged over, but there is an opening, and steps to go down—there is a small area—all the rest is not open, except the space from the gate to the door. (A surveym was sent to examine No. 30)—I have no knowledge of No. 25—no charge was made against Burton at that time, but we put a number of questions to him—we did not go to arrest him; we went to make inquiries about the trunk, and we were not satisfied with his explanation—Crossley had
given us information, and I went to get a second account from Burton, and arrested him on the general statement he made—we did not consider hit account altogether satisfactory as to the purchase of the trunk—we did not arrest him then, but we asked him to accompany us to the station, and he did—if he had not we should possibly have taken him there—Abberline and I put a number of questions to him—he stated where he was working—he made other statements in answer to questions—I took down nothing—I do not think I have omitted anything he said which tells against him.
Cross-examined by MR. DUKE. Jarvis and I aro employed in the detective department, over which Mr. Howard Vincent presides—I have had 12 or 14 years' experience in criminal cases, and have been in the detective department four or five years—Abberline is not an officer of Scotland Yard—when I arrived at the Tower about 4 o'clock there were about 200 people inside the gates—I cannot say how long it took the police to dispose of them—Cunningham was brought away about 5.45, but I was not there—when I left between 5 and 6 there were some: people still there—I left on two occasions—when I left between 5 and 6 o'clock I saw two or three dozen people there—Cunningham's examination lasted while I was present, probably half an hour—an inspector was taking the names and addresses and occupations of the various visitors in the open space just outside the Police Lodge—I believe the truth of the 200 persons' statements was investigated, but I was not present—Cunningham was under examination half an hour in my presence—he was very reluctant to speak—it was a voluntary statement—I gave him no caution, nor told him he was being cross-examined with regard to his trial in this case—I said to him "Your statements concerning yourself when in Liverpool are untrue"—we found out afterwards that he had stopped at the places stated, he had stopped with a Mr. Stock at Liverpool—my remark on receiving the telegram elicited his reply, "I don't care what they say, what I have said is true"—I then questioned him with regard to his statements about his landlady, and he said that she was tying—as to his name he said "I don't cart what she says, I gave my name as Gilbert, but she called me Dalton, and I did not think it worth while to correct it"—that referred to Mrs. Moore—I had not questioned him about another landladv, Mrs. Cannoa—he had given his address at Great Prescott Street in his statement-that is Mrs'. Cannon's—Cunningham's statement was a somewhat complicated one—it would take some time to inquire into—the box was locked from Saturday to Monday in a room at Leman Street Station, of which Abberline had the key adjoining his office—it was fetched out on Monday night about 7 or 8 o'clock, but it was examined first at Scarborough Street, and removed from there on the evening of the 24th to Leman Street by Sergeant White—I examined it twice—I was not at the station on Sunday—Inspector Abberline had the key in his pocket—I had only examined it for two or three minutes at Scarborough Street—I arrived there between 5 and 6 o'clock, and was only in the room five or ten minutes, during which I was speaking to the landlady, and looking over the room and the box to see if there was anything which would throw any light on the prisoner—I had no warrant—I made a complete search as an experienced police officer who had been five years an inspector at Scotland Yard—Sprpeant White took our the things in the box and
handed them to me—I knew that an explosion had occurred, and had read of it being carried out by means of a fuse with a detonator—I was looking for anything suspicious or anything in the man's favour, not for papers only, but for anything to throw any light on it, or anything relating to the explosion—I was in the room probably ten minutes, but the box was only open a few minutes while Sergeant White and I were engaged at it—I made an ordinary examination—I saw Cunningham, many times previous to his appearance at Bow Street, at Leman Street, and Scotland Yard—I saw him at the Tower, on the way to Scarborough Street, twice on Saturday evening at Leman Street, and two or three times on Sunday, and on Monday in the yard before he was taken into Court—I only had conversation with him on the two occasions that I saw him at Leman Street on the Saturday evening—I made no suggestions as to statements he had previously made when he was before the Commissioners on Sunday—I did not produce written copies of his statements—I don't know who did—I had charge of the case with another officer under the superintendent for the Saturday and Monday, and did as I was directed—I was doing nothing else but this case during that time—I knew about 5 o'clock on Sunday afternoon that the prisoner would be charged with treasonable practices-he was placed in the dock at Bow Street about mid-day on Mouday, about 19 hours afterwards—we made no further examination of his box during that time.
By MR. LITTLE. I asked Burton his address in New York; he gave it us, and Abberline made a note of it—I do not remember informing him afterwards that it was correct, I have no recollection of doing so—I have heard that inquiries were made—I was present at each examination but one at Bow Street—I could not say when there if I knew that inquiries had been made—I am prepared to say I did not tell him-we did not search Burton at his room-we asked him to show anything he had to indicate who he was-he turned out his pockets; I do not recollect telling him to do that-the prisoner read the letter which he showed in our presence-we saw it, I and Abberline did not read it; I do not remember our having it in our hands; he had it in his hands the whole time and put it in his pocket again.
Re-examined. I am quite sure all the things had not been taken out of the black box at Scarborough Street-the things taken out were put back, the box was locked, and a witness afterwards brought it to Leman Street—I received information from Miss. Cannon about the large American trunk, made inquiries to try and find the cabman, found Crosby, and he made a statement as to where he had taken it-at that time we knew nothing of Burton—in consequence of the information we went to 90, Turner's Road, Bow, and there first saw Burton; we found the trunk was there, and made inquiries of him.
STEPHEN WHITE (Police Sergeant H). On Saturday, 24th January, I was at the Tower when Cunningham was detained there—in consequence of what he said I went with Jarvis to 32, Scarborough Street-Mrs. Moore pointed out his room, in which I saw this black box and the bag—the black box was locked—we borrowed some keys in the neighbourhood, returned to the room with them, found one fitting the box, and opened it and found it contained clothing—Jarvis was in the room—we took out the largest articles of clothing and put them on the bed-several things were left at the bottom of the box—Jarvis looked in the box-there were
some memorandum books with nothing in them—we afterwards put the things back in the box, and I locked it up myself—we left the room and returned the keys where we had borrowed them—the bag was also examined—I then saw Abberline with the prisoner, and went back with them to 32, Scarborough Street-we went into the same room—Cunningham took some keys out of his pocket and unlocked the box with one of them, Mr. Abberline having asked him to unlock the box—Abberline commenced to take some of the things out again—I told Abberline in Cunningham's presence that Jarvis had run through them and had examined the clothing; all the things were not taken out, only two or three articles had been taken out then, and they were put back again, and Cunningham locked up the box and gave Abberline the key—he had also a latchkey of the house, I do not remember any others—I then left the room with Abberline and Cunningham, leaving the box locked as we went to the police-station—as we were coming down the stairs the prisoner said to Mrs. Moore, "This is a nice thing, they have got me for blowing up the Tower"—it was about 6 o'clock when we left the house—I did not lock up the room-later in the evening, about 11 o'clock, I was sent to Scarborough Street to bring away the box and other things—I found the black box in the room still locked—I brought away it and the bag, and some clothing hanging behind the door in the room, to Leman Street Station—I found the box as I had left it-Abberline locked them up in his private room.
Cross-examined by MR. RICHARDS. Jarvis took some things out of the box and I took some-the box was quite full-all the larger things were taken out, and then socks and various things were lifted from one side to the other of the box, and we could see the bottom all along, except I could not see the end I had shifted the things on to—I saw the bottom: all along by shifting the things—there was a sheet of paper at the bottom, I did not lift that up, I cannot say Jarvis did, I could not swear he did not—it was an ordinary piece of newspaper, I believe, I cannot say what. (The learned Counsel asked for this to be produced; it was not.) The clothing I took down from the pegs in the room were a coat, vest, and overcoat, I think—Jarvis turned some of the pockets out in my presence—the paper seemed to be touching the bottom of the box—I ran my hand along the bottom, I cannot say right along—if there had been something underneath I should have felt it unless it had been at the side of the box—I think the paper was turned up at the side—I did not turn that up and look underneath, I cannot say if Jarvis did-an ordinary key opened the box without difficulty; it was some time before we got one to fit it—I told Abberline the second time we had been through it before; I do not think the prisoner conld hear that-he made no objection to giving us his key—I do not think he helped us out with any of the things—I removed the box at 11 o'clock—the prisoner had departed at 6 o'clock—I did not lock the door as I came out; I did not leave anybody in charge of the room except Mrs. Moore—I did not tell her what he was charged with, he told her—I saw no other persona in the house—I was directed to look for papers to see if I could find out who he was—if I had seen any Atlas powder I should have known what that was—Sergeant Foster was sent with me to remove the box, and helped me carry it from the house to the police-station.
FREDERICK JARVIS (Re-examined). This is the memorandum-book I
found. (This only contained upon the first two pages, and one tine on the third, a few words with their meanings as taken from some dictionary.)
Cross-examined. Two pages were torn out at front and back when we removed it—there was also a dictionary.
JENKIN JONES (Constable at Scotland Yard). On Sunday, 2th January, I was there when Mr. Munro, the Assistant Commissioner of Police, asked Cunningham some questions—I took down in shorthand a narrative, embodying questions and answers what he said—here are my notes, and this is a transcript I made from them—on 3rd February I was at Scotland Yard when Burton was there—Munro asked him questions, and I took down in the same way a narrative embodying questions and answers; these are my notes and this the transcript from them.
The statement taken by Arnold from Cunningham at the Tower was here read, and then those taken down by Jenkin Jones at Scotland Yard from Cunningham and Burton.
"James George Gilbert aged 22 (Father, Joseph Gilbert) of 28 or 31 Robert Street Liverpool, dock labourer, states:—That he left Liverpool about a fortnight back, has worked in the Canada Dock under a man named Swanson, about two months prior to that worked at the Alexandra Dock. Wages paid by one O'Dea for about two months. Has been in Liverpool about four months. Stock was my landlord. He is a married man. There was another lodger there whose name I do not know. He was a shoemaker. I think he was English or Welshman. I left Liverpool to come to London to better myself. Before I came to Liverpool I was in New York and lived at 194 Franklin Street and worked at Morgan's Dock as as a freight handler. I was born in the parish of Scull in the county of Cork near Skibbereen. My father died when I was six months old. My mother is about 50 or 60 years and is supported by her daughters. I have one sister Kate in Brooklyn. She is a house servant, don't know where. My father had a bit of land near Scull but it was taken from him before he died. Another sister named Mary worked as a servant some time ago at the Hygeina Hotel Seight Street New York. She helped to support her mother and I suppose sent the money through the Chambers Street Bank as she told me this about six or seven months ago while she was working at the hotel. She left the hotel two or three months ago. Julia a third sister is a domestic servant in New York but I do not know the address. My mother is living at Gurtamona Schull and my two remaining sisters both married live near my mother one named Ellen Hellen the other Margaret Connor. Connor her husband a labourer is alive. I went from Queenstown to New York about five years ago. I worked at Morgan's Dock the most of the time. I also worked on the Pennsylvania Railroad and lived at the same address all the time viz. Mrs. Crimmons 194 Franklin Street. I worked as a freight handler on the railway. I left New York two or three months ago and came to Liverpool by the 'Adriatic' in August or September last. My passage ticket was in the name of Cunningham by which name I was always known. When I reached Liverpool I met Stock at the dock and he took me to his house. He is an emigration agent. When I came to London I went to Great Prescott Street No. 30. I do not know the landlady's name. I paid 5a. per week. I do not know the names of any of the other lodgers. I stayed there two weeks and then went to 32 Scarborough Street where I am still lodging. I do
not know the name of the landlady. She called me Dalton and I did not correct her. There are other lodgers there but I do not know their names. When I came to London I brought 12l. or 13l. with me. I have now 7l. 10s. and have spent the rest. I have bought a box for which I paid 7s. and that is now at my lodgings. I have been looking for work but could not obtain any. I do not know any one in London. I have not been to see any of the sights of London except St. Paul's where I went last week. I left home to-day about half-past 1 and was in the Tower before 2 o'clock. At the time of the explosion I had gone through the Chapel and was going up the stairs at the other end. Some other fellows were going up with me but I do not know them and was too much scared to notice them. I have been to the Italian coffee place in Aldgate two or three times to have my meals. I sent some money to my mother from New York through the Chambers Street Bank, who was to pay it I don't know but I suppose the Dublin Bank. I have sent money this way more than once. My mother acknowledged the money to New York. I have also been to another coffee-house in Whitechapel on the other side of the church, also one in Aldgate below the Italian place. I bought a Cardigan jacket in Whitechapel about a week ago also a shirt at the same time and place. I bought the coat I am wearing about a week ago in Shoreditch and paid 16s. 9d. for it. I think I also bought the braces I have on about a week ago at the same place I bought the jacket and shirt. The knife I have I bought in Aldgate. When I took the apartments at Scarborough Street I gave the name of Gilbert I am positive that I did not give the name of Dalton."
Second statement of Gilbert, alias Cunningham, taken at Scotland Yard:—"When I arrived at Broad Street I just put my things in the luggage room and walked round. I walked some way and saw an advertisement for lodgers and I went inside and asked. I did not know the way there but found it. Having left my traps at the station I went for them afterwards. I went back the same day. I arrived here Christmas Day or the day before. I arrived at Broad Street the day before Christmas Eve. I left Lime Street about 12 o'clock and arrived here between 4 and 5. I paid 4d. for my two packages. I took them with a cab sometime in the afternoon 3 or half-past 3. I paid 1s. 6d. for the cab. Nobody helped me in with the packages. They did not ask me for my name but gave me a ticket. I don't know the number of the ticket. I have friends in Americaas I told you yesterday. I was there for about five years. You can write to the lady that I was lodging with in America 'Mrs. Crimmens' Franklin Street, five or six blocks below the Canal. I don't know of any more at present. There was a lot of stranger people. I could not tell their names. Peoples was the 'boss.' I think he lived in Brooklyn. I was paid in the dock. I worked for a man named 'Driscoll.' I don't know where he lived. I don't think it is necessary to write to any more of them. A fellow named 'Casey' was 'boss' there for some time while I was there, and Murnell or Marnell I am not sure of spelling but Peoples was the 'boss' most of the time. I brought fifteen or sixteen pounds from America. I had it in English money. I changed it there in Chambers Street Bank. I changed about sixty or seventy dollars and came to Liverpool in the name of 'Cunningham.' I know 'Stocks.' He said he was an emigration agent. He might keep a
beerhouse. I did not see it. I gave the name of Gilbert because I did not think it would make any difference. I left "Stocks" house about the 23rd of the month I think and came straight here. I had my bag and there was paper outside the clothes and a brown paper parcel. I went to the 'dock' walking. I took both packages myself. Yes it is rather peculiar that Stocks does not know me. I can give no explanation of that. I gave the name of 'Gilbert.' I generally took my meals in coffee places. There were several in 'Scotland Road.' I cannot tell their names. I took my meals in Scotland Road most. I don't know the numbers but it was near the lower end. I sometimes took my meals in 'Stocks', 'bread and butter and tea breakfast. I don't think I ever had dinner there. I could get it cheaper outside. I don't know 'Dale Street.' I have seen the name but I don't know where it is. I have seen a man named 'Day' at the Alexandra Docks. I was there about a couple of months. When I went to the docks first I did not particularly ask for work from anybody but I saw the foreman and he sent me to work at once. His name was 'Day' but it might be 'O'Dea.' I saw him when he came up for the men to send them to work. I was not working there steady. He found me at the end of the 'dock.' He came up to me. I cannot tell the names of the men who worked with me at the dock. He never asked me what work I had been doing. The work was ordinary loading and unloading. I used to wear old clothes. I think I threw them away, but there are clothes at my lodgings. There are two old pairs of trousers there. When I got in the carriage I put my baggage right overhead. I took it out at Broad Street and put it in the luggage room and then I took a cab. I cannot tell you who I saw at 'Stocks'. 'I never went to church there. I have went there. I did not go to church in Liverpool. You must not believe my landlady. I left her because she was always drunk—she never used to fix my bed for me. I told you that I did not like the room. I don't know her name. I never asked her for it. I used to go in sit down generally and read. I bought the books in New York. I have also a dictionary there."
Taken at Scotland Yard on 3rd February, 1885. "My name is Harry Burton. I came to Liverpool on Christmas Eve and left New York on the 17th in the name of Burton. I was known in America by that name. I cannot say who the officers were or mention the steward's name. I only knew one man who was called Harry the Sculler. The number of my berth was the number of my ticket, and I don't exactly remember it. I don't remember the quartermaster's name or any of the passengers'. If I was sitting down quietly alone and not feeling as I do now I might remember. I can take my oath I am telling you the names as far as I remember. I recollect one now—it was a young man called 'Courtney'—I think coming from America and going home to a farm in Ireland. He told me it was in the county Fermagh or close to it. I cannot remember any other names at present they are mostly Englishmen. I never made any acquaintances and seldom inquired about names. There was another young fellow whom I became acquainted with in New York but can't remember his name. I went across on the Alaska from. Liverpool on the last occasion but I cannot remember the names of any of the officers; feeling nervous and sick I never paid any attention to these things. Before that time I came over in the Oregon. I have only
been two trips. I recollect that the officers were changed; that was also mentioned in the New York papers. I lived in Lower Nee Street, but only stayed there one night, and then came here for the purpose of attending St. Bartholomew's Hospital as an out-patient. I brought 24l. in gold besides a 5l. note with me. I worked for a firm called Herman, and was directed to their factory by a man whom I met in Petticoat Lane one Sunday morning who looked like a mechanic in my own line. I have been at work there since I arrived. I came over first in the Oregon in the spring about April and stayed here till September. I was at work here when the explosions took place at the club houses and Scotland Yard. Later on in the season I went to see some public buildings in the summer. I think I went to the Houses of Parliament at Westminster on a Saturday. I don't remember having gone to any other public buildings then. I visited the Tower of London the second week after I came here this time, that was on a Saturday, and I did not pay anything. I went with a young lady who was anxious to see it, her young man being at work during the day I volunteered my services. I don't remember her name. The young man was called Hayter or Ayter and resides at No. 13 Pulling Street. I have not been to the Tower since the beginning of January. I was at work on the day of the explosion there from 7 till 2 in the afternoon. I think it was half-past 2 before we were paid off. I am quite sure of that. My foreman is Mr. Deitz, the other is Mr. Pinmer. When I bought the trunk I was going along towards the church down Great Prescott Street in the evening. I saw a young man carrying it. I said do you want to sell that box. He said yes, and asked 10s. for it. I said I will give you 8s., and I then bought it, as the man said he would take charge of it till I returned. I went to the station for a cab, and I took it to my lodging, where it has remained ever since. I got it to keep my tools in, and when I bought it there was nothing inside except a few envelopes and papers. The man who sold it spoke in an English way. I should certainly take him for an Englishman. I did not take particular notice but I think he was dressed in a black coat—dark clothes. I examined the article more than the person I bought it from. I thought it was a chance for me, and did not think there was anything peculiar in buying it like that. I do not know where I was born but I think it was in Scotland Road. I have no relations that I know of in America and none in London. I have made few acquaintances except my shopmates, who are nearly all Germans. Their names, as far as I remember, are Hennecker, Neuman, Mellor, and Dicker."
Cross-examined by MR. LITTLE. I am not aware when the inquiries have been made whether a young man named Hayter lived at 13, Pulling Street—I can only refer you to Inspector Jarvis as to whether what Burton said was right.
Cross-examined by MR. DUKE. I was not much more than 15 minutes taking down Cunningham's first statement—I noticed a peculiarity in his accent—I had a little difficulty in mastering the meaning of the words the first time he uttered them, but nothing to prevent me from taking down his answers correctly—he said that he had been in Liverpool a couple of months—that is how I took the note—I wrote the name Trimmings in shorthand—I had no opportunity of asking him if I had written it correctly—I wrote the name of Marner in longhand, and
"Chambers Street Bank" in shorthand, and "Stocks" also I wrote just as it occurred to me at the time—I did not show Cunningham his statement which I had taken down—I also took down the second statement of Burton's—there was a difficulty in understanding his first two or three words—it was not so much a brogue as that he did not speak up—he put many questions as if he did not quite understand what was said—I did not take down his mother's name; that was not asked.
ELIZABETH ELLIOTT (Re-examined by MR. LITTLE). Hayter or Hayler lived in my house—he went out with his young lady on the Saturday—he was at work that day—I do not know whether Burton was there on Friday evening, January 2nd.
FREDERICK JARVIS (Re-examined by MR. LITTLE). Inspector Bolan was sent to make inquiries about Burton coming over in the Oregon—he is not here. (Bolan was tent for.)
WILLIAM COLE (Police Sergeant). On Saturday, January 24th, I was on duty in Westminster Hall—I was then a private constable—I was just inside the crypt at 2 o'clock, that is the end nearest Palace Yard—there are a few steps at the end of the Hall farthest from Palace Yard—as you pass down the Hall the crypt is on the left hand of those steps—I was standing just inside the crypt itself when a lady called my attention to something—I think her words were "Policeman, there is one of your mats on fire on the stairs"—I went to the place she indicated, which was on the bottom Eight of stairs leading to the crypt, and saw a brown parcel with a small smoke issuing from the upper end of it—I turned it over, and it had the appearance of a lady's quilted petticoat—I put my hand on the upper portion of it and turned it over—it appeared then to have a lot of pockets—the material it was made of appeared just the same colour as the exterior, except the things that were projecting from the pockets—a light brown paper packet was sticking out from each pocket about half an inch—this (A cake of Atlas powder) is as near as possible the colour of it—there were four pockets and four rows, making 16 in all—the parcel was about two feet long or an inch or two more, about 14 inches wide, and an inch and a quarter to a half thick—the top of it appeared to be at the bottom of the steps, and the bottom at the higher part—it was lying in a diagonal way on the steps, and that part where the band extended across, which was apparently a boot webbing, which flopped into my hand—there appeared to be a piece of elastic or something black which prevented the cakes falling out—the packet in the inner corner was about half an inch above the pocket, and the other was an inch above it, and that is why I noticed the string on that packet there was a band at the top which was like a piece of boot-webbing, and where I have made this black mark (On a sketch) there appeared something which I had not sufficient time to see as I carried it along—that band seemed to extend five or six inches beyond the pad itself—these are rows of pockets and these are the marks of the little piece of elastic to keep the packets in—this round mark is to show where the light was coming from, but when I turned it over the light or fire and smoke seemed to extend almost all over the pad instantaneously—I think this strap is sufficiently long to go round a person's body, it is the same as goes at the back of boots, about an inch wide, and of a yellowish colour I ran up the stairs with it into Westminster Hall—it was still on fire, and
something hot and sticky like glue ran from it into my left hand and burnt it so I dropped it from my left hand and held it with my right; and as I got on to the steps into the little corner adjoining Westminster Hall I found it burning my hands, and threw it down—it dropped on to the little step and slipped on to the flap, and almost directly it went to the ground it exploded—I was a great deal injured and never even heard the report—I was in the hospital till March 19th; while I was there Colonel Majendie showed me a cake very similar to this produced—I think a person could have carried under his coat the parcel 1 had in my hand.
Cross-examined by MR. RICHARDS. I don't think it would have been sufficiently bulky to attract attention under a coat if you had a coat sufficiently large—if this was the parcel the boot webbing extended five or six inches beyond, I do not know that it would have been rather tight for a man's waist—I am married; I do not know that 24 or 25 inches is the average size of a woman's waist—I did not see anything like this sticking out of the cakes, the only thing I saw was a light in the middle of the packet—I had been on duty since 10 a.m.—I never saw Cunningham till I saw him at Bow Street.
Cross-examined by MR. LITTLE. I never saw Burton—the webbing extended five or six inches beyond the parcel.
SAMUEL HORTON (Re-examined). I made a drawing of the houses, 25 and 30, Great Prescott Street—25 is on one side of the chapel and 50 on the other—there is a flag pavement level with the street; there is a railing round the forecourt—the area is covered over with an iron railing, covering the small area giving light to the area window—there is an open area there—the paving is level with the street going up to the door about six feet wide, and on the left is a wooden landing going from the area to the basement—I don't know whether the chapel is level with the flags, I think the entrance comes right to the paving, there is no area.
SARAH ANN BEAVER. I live at 25, Cromer Street, Gray's Inn Road—on Saturday, 24th January, in the afternoon, I was in Westminster Hail-about 2 o'clock I was going down the steps from the Hall to the crypt-there is a turn in the steps; at the second turn I saw something lying on the steps—I walked down the steps to it—I touched it and attempted to turn it; a gush of smoke then came from under it—before I touched it I saw smoke coming from it, a pale smoke—I am accustomed to cut out things; this was about 27 inches long, 20 inches wide, and 2 1/2 inches thick—it was American cloth, a very dark material—on the top there was the form of a quilted pattern like diamonds, quilted in the form of diamonds—I lifted the corner, and there was a weight it the middle of it—I then left it there and went down and called Constable Cole's attention to it—shortly afterwards I saw him carrying it away—he had a quantity of smoke round him as he carried it away; shortly after the explosion took place—from the time of my taking hold of it till the explosion I should think was about 20 seconds; it was about 2 o'clock.
Cross-examined by MR. RICHARDS. I told Cole that a thing placed on the stairs was on tire—I did not look particularly to see whether there were any other persons in the chapel, because I spoke to the constable-after I spoke to him I noticed that there were people there, both males and females; there was a policeman and two females—I did not see a
waistband round the American cloth—I did not lift it, I took hold of the corner and raised the corner, but feeling the weight I did not turn it—I told Cole that the mat was burning, I couldiscarcely describe what it was at the time.
JAMES BLAKE . I live at 8, Holly bush Street, Plaistow, Essex, and am an engineer—I was in Westminster Hall on the Saturday afternoon, I 24th January, about two o'clock—I went down the steps leading from the Hail to the crypt—I saw a parcel lying across the steps with smoke issuing from it, it smelt as if a fuse was burning—I called the attention of Constable Cox to it—I then returned to where the thing was—I saw Cole come up the steps carrying it and smoke coming from it—the size of it was about 18 inches by 24 and full an inch in thickness—I noticed a lot of pockets about four inches square with a yellow substance in them about the colour of yellow cheese, it projected over the pockets-? Cole took it into the hall and threw it down and then the explosion took place—that was at 2 o'clock—I fell into the hole made by the explosion—I saw Colonel Majendie on 31st January—I gave a description to him of what I had seen in the pockets, and after I had given the description he showed me a cake of stuff similar to the stuff I saw in the pockets of this parcel—from what I saw of the parcel I think it could have been quite easily put round the body under a greatcoat.
Cross-examined by MR. RICHARDS. It could have been tied round quite easily—I have not tried it on, it could be tied round the waist quite easily underneath the coat; it was not two and a half inches thick—I saw the webbing, it did not look more like a female apparatus, it was a rectangular shape—it did not look more like what a woman would wear—I still think it might have gone under an overcoat.
SAMUEL HORTON (Re-examined). The house No. 25 is surrounded by an iron railing, whether there was a gate in it or not I cannot say—there is a flat paving on the street level, inside the gateway, in which several boxes might be placed.
EDWARD EDWIN GREEN . I am a civil engineer, living at 260, Camden Road-on the afternoon of Saturday, 24th January, about 2 o'clock,. I was with my wife and sister-in-law in Westminster Hall—I saw the parcel on the steps and smelt something like a damp fuse,.powder—I saw the constables Cox and Cole there, and saw the thing carried away and the explosion take place—it exploded at my feet, and I was severely injured, and suffered for a long time afterwards.
ALFRED CHAMBERS . I was salesman to Mr. Lazarus, a clothier in Shoreditch, in January this year—on 16th January the prisoner Cunning-Ham came to Mr. Lazarus's shop and said that he wanted to buy an overcoat to wear over an overcoat that he was wearing—he was at that time wearing an overcoat and a tweed suit. (The prisoner Cunningham here took off his overcoat and it was handed to the witness.) This is the coat that he was wearing at the time he came into the shop—I asked him why he wanted the coat to wear over another one—he said "Because I feel the cold"—when we were speaking in this way I noticed his accent and said to him, "I presume you come from America?"—he replied "How how"—he spoke it with an accent—he said "How"—he then said '; No, I am a Manchester man and I come from Manchester"—I sold him this coat (produced), and he put it on in the shop; it is the coat, Mr. Lazarus's name is on the label—he put that coat on over the coat he
has on now, I am certain of that—I tried several on, but none pleased him except this one, he wanted it the right length in the sleeve—this coat was rather long in the sleeves for him, he buttoned it all the way down—he took it away in a parcel—he gave no name or address, but I have an entry in my book of the sale of the coat, 16s. 9d. was paid for it—he tried several coats on during the half-hour he was in my shop—I have not the least doubt whatever that he is the man.
Cross-examined by MR. DUKE. He had a dark tweed suit on of medium substance, the coat was a black diagonal—the coat I sold him was rather too long in the sleeve—it had not a velvet collar—I am quite positive he buttoned the coat all the way down over his present overcoat—he said he had come from Manchester—his accent was rather Irish American—I did not like his look—I condemned him at once. Q. You A. Yes.
Re-examined. He held his head down and could not look me in the face.
JOHN PRATT . I am an assistant warder at the House of Detention—I have to weigh prisoners when they come in—I weighed Cunningham on the morning of the 26th January when he came in—his weight was 9 stone 5 lb.—I weighed him without any clothes on—I measured the prisoner in height and he was 5 feet 4 1/2.
LEONARD WARD (Chief Warder, Newgate). The prisoner's weight this morning was 10 stone 7lb., he had his shirt, trousers, stockings, boots, and collar on, which I should think weighed about 3lb.—he is a little heavier now than be was.
COLONEL VIVIAN BERING MAJENDIE . I am Chief Inspector of Explosives and have been so since 1875—on the 28th of February last I went to Woolwich Arsenal and saw the black leather portmanteau which bat been produced as having been found at Charing Cross Station-—I found in all forty-five cakes of Atlas powder A—all the packets were marked in that way—the total weight would be between 201b. and 21lb.—the slabs were about the size and shape of that (Model packet produced)—Atlas powder A is a form of dynamite in which wood pulp is substituted for the ordinary absorbent kieselgrund—when frozen it is hard, otherwise it is soft; it freezes very easily—each slab which I found was wrapped in paper like the model produced, only that is rather whiter—they were a little yellower than the model—each slab would weigh rather under half a pound—Atlas powder A is not a licensed preparation in this country, I believe it is manufactured at the Repauno Chemical Factory, Philadelphia—it is not of any commercial use in this country—it is exploded by a detonator in the same way as ordinary dynamite—I found these slabs of Atlas powder packed round a tin box, which contained a clock, or a portion of a clock, with a pistol, or a portion of a pistol, attached with copper wire; the wire was fastened to portions of the clock which would not impede the working—the clock is what is called a "Peep-o'-day" clock—it was set to go off at a particular time; I could illustrate it better if I might have the clock. (The clock was handed to the wintness) This is the clock, and it was arranged with the pistol as it is now substantially; then the clock winder had been turned down and fastened with copper wire, so that when the alarum went down the clock winder would come into contact with the trigger of the pistol and fire it at whatever time the alarum was set—it was set in this case to go off at 12 o'clock—in addition to the clock and pistol there were seven detonators
embedded in a portion of a slab of Atlas powder, with their mouths presented towards the muzzle of the pistol—the hammer had fallen upon the cartridge, but failed to explode it—there was a cartridge in the pistol loaded with powder only, a metallic cartridge—if this cartridge had exploded it would have exploded the Atlas powder in the portmanteau—a bullet in the cartridge would be unnecessary, perhaps a little in the way—the pistol was a Remington, or an imitation Remington—it had no maker's name on it—the cartridge was a metallic cartridge loaded with powder, and similar to some made by the Union Metallic Cartridge Company, Bridgeport, Connecticut, U.S.A.—I took possession of the detonators, cartridge, and clock—I caused the dynamite, with the exception of some which I retained as a sample, to be deposited in our magazine for seized explosives—on the same day in the evening I went to the Great Western Railway Station at Padding ton and saw there the small brown portmanteau which has been produced—it contained the same number of slabs of Atlas powder A arranged substantially in the same way, round a tin cash-box, similar to the one produced—inside this box were the pistol, clock, Atlas powder, and detonators, arranged in the same way as before—I took charge of these as I had done in the other case—there may have been one detonator more or less, bat substantially the arrangement was identical—it was set to go off at 12 o'clock, but the pistol had dropped so far that the handle which should have pulled the trigger caught upon a little piece of the mechanism, and it subsequently went off by itself I believe—there were ten detonators in the Paddington case—on the 26th February I went to the Victoria Station of the London and Brighton Railway—there had been an explosion there; it originated in the cloak room or left luggage office—it had done a great deal of local damage—the débris was sifted in my presence—pieces of metal were found, and shown to me—one piece which was found before searching commenced was apparently a portion of a spring of a clock, and was similar to the springs in the other clocks I had seen—from the character of the explosion it would be caused by firing some nitro compound, such as dynamite—Atlas A powder is a form of nitro compound—had this one gone off it would have produced the appearances 1 have found—Colonel Ford examined what was found at Ludgate Hill—I cannot speak about that—on 30th May, 1884, there were explosions at Scotland Yard, the Junior Carlton Club, and at Sir Watkin Wynn's—on that night I was at Scotland Yard—I was shown a black bag which had been cut open, and some Atlas powder A; there were 18 1/2 slabs and a small piece—they were exactly of the same description I had seen in the railway portmanteaus—in one of the slabs some detonators were embedded attached to the fuse produced—it is known as the safety mining fuse; an ordinary mining fuse—attached to the two fuses were strands of cotton which form a slow match—if the cotton was ignited it would burn till it came to the fuse, when it would ignite the fuse, and that would burn in its turn more rapidly till it came to the detonator—that would be a short time, because the length of the fuse was short—a slow match burns about a yard in eight hours, and a fuse about a yard a minute—with the strands attached to this fuse it would not burn more than three or four minutes—you may delay the lighting of the fuse as long as you like by attaching a longer portion of slow match for 5, 10, 20 minutes, or even an hour—a fuse may be lighted in different ways; not easily by a match, but with
a fusee or pipe-light it may be lighted very readily—it would burn shut up and does not need exposure to the air, because it contains it own elements of combustion—a slow match does not cause a very strong smell—I should detect it if burnt in this room, but it is not like the smell of a fuse—there is a very marked smell to a fuse, and smoke—there is very little smoke to a slow match—if not open to the air neither smoke nor smell might be present—I examined the scenes of the three explosions—at Scotland Yard it originated in a urinal connected with one of the offices; at the Cerlton it was in the area, and at Sir Watkin Wynn's on a window ledge above the area—those explosions had been caused by some glycerine compound—I remember the explosion between King's Cross and Gower Street on the 2nd of January, between 9 and 10 p.m.—the next morning I examined the tunnel, and also the train—I found the brickwork of the tunnel on the right-hand side of the train going west, injured, across the line of rails—there were marks of explosion on the train itself-—the train was a good deal knocked about—several carriages sustained more or less injury—that explosion was caused by a small charge of nitro com pound, which, I believe, had been fired by some form of, percussion fuse—that might be caused by throwing it from the train—it was impossible to have been caused by dropping an explosive through the grating at Gower Street—there was no means of introducing it in that way—on the 24th of January I went to the explosions at the House of Commons Westminster Hall, and the Tower—in my judgment they were caused by some nitro compound, such as slabs of Atlas A—about five or six pounda would suffice to produce the effects which I saw in each case—a time fuse would produce a similar light smoke to that noticed in Westminster Hall—the stickiness described by Cole I attribute to the melting of the tar matter with which the fuse is coated—that melts as the fuse burns, and comes down, and would get on to the hands of anybody carrying it—I saw Cole in the hospital, and he gave me a description of what he had seen—some days afterwards I showed Cole a piece of Atlas powder A from the Paddington seizure; I also showed it to Mr. Blake—on the 28th Inspector Abberline showed me a small detonator—that has been produced—I gave it to Dr. Dupré for examination; I went there with Abberline-that was a detonator that a time fuse would explode—the detonators that were found were like one another in the railway, station cases—I have specimens of each of them here—the small detonator differs from the others in being marked or stamped at the bottom with what appears to have been intended for an eagle, otherwise it is the same character—I have not come across one in this country before that was so marked—a licence is required for the importation of detonators—I have since been able to discover some like it, but not in commercial use—the others I have seen since not in commercial use were not exactly like this—I have seen one which I did not obtain in this country like this—to fix a detonator on a fuse it is pinched with the teeth or pincers—this has marks which make it appear to have been pinched or attempted to be pinched on to a fuse.
Cross-examined by MR. LITTLE. I have had a good deal to do with explosives used in this country and abroad, and I have a record of all the more recent explosions in this country—the London Bridge explosion was on 13th December, 1884—I have spoken of three groups of expla srons according to time and occasion, 1 have not classed them in three I
classes as regards their general character—I should class the London Bridge explosion with all these as bearing the same general character, probably a larger charge of explosive was used—it was certainly caused by a nitro compound—I have no means of knowing how it was caused, as it was partly under water, and traces were washed away—I cannot tell the method in which ignition was effected—in three of the railway stations attempts the mode of ignition was by clockwork and pistols, and I believe the same mode was used in the fourth, which exploded—I have no doubt that in the second group, Sir W. Wynn's, the Junior Carlton, and Scotland Yard, a fuse was employed, and I believe that at the Tower an arrangement similar in its main features was used, but having a longer fuse or a slow match—I would place the second and third groups together as regards the primary means of ignition, not the ultimate means—I have not heard any suggestion made that at Sir W. Wynn's the explosion was caused by throwing the explosive—I made that suggestion with regard to the Gower Street one, but Sir W. Wynn's, I think, was caused by an ignited fuse—a fuse of half a minute would be safe for any one throwing it over the area and running away—I do not think a slow match or fuse could have been lit and thrown on the underground railway some time before the explosion there, because the explosion had taken place a foot above the ground, and therefore the explosive must have come in contact with the brickwork, otherwise it would have taken place on the ground—the explosion at Gower Street is distinct in the method of ignition from all others in my opinion—there are several descriptions of Atlas powder; "A" is the highest and strongest quality, "B" is inferior, and "O" is lower still—it is a commercial designation, all are Atlas powder, but distinguished by letters—in October last year Atlas powder "C" was found on a Hungarian landing at Liverpool and brought to me, three detonators were taken at the same time—he gave a satisfactory explanation of it—Colonel Ford will be able to speak about the dynamite found in the Harrow Road in February or March, I was ill at the time; it was since Cunningham was in custody—this dynamite is used for mining purposes in America, and I believe all over the world—I do not know if that is how the Nibilists get hold of it so easily in Russia—nitro compounds are used wherever mining is carried on in all civilised countries—you can use it here if you have a licence and a police certificate, but not Atlas powder "A"—I don't remember Mrs. Sternam's evidence at the police-court—the small cheese-like fragments found at the Waverley Hotel, Great Portland Street, did not come to me, Colonel Ford or Dr. Dupré would be able to speak to them—if you were to break up Atlas powder and put it in a portmanteau in the way described it would probably leave fragments which would be very fairly described as "crumbs like cheese"—the date of the explosion at the Admiralty was 22nd April—I have no doubt that was caused by gunpowder.
Cross-examined by MR. RICHARDS. The detonator said to have been found by the police in Cunningham's box differs from the others in containing the distinctive mark of the Eagle—I have inquired about those Eagle detonators of the London agents of Messrs. Brown and Blewin, manufacturers, Dusseldorf—they were able to produce some recently brought to England, but not yet distributed—the source was German, but they supply the whole world—I cannot say if there is any prohibition
in England as in other countries on those things; miners buy detonators constantly, you would be able to buy them in a mining district—by itself a detonator would cause no structural damage whatever—a detonator must have been employed in the Tower, because the effect was that of a detonated nitro compound—the Gower Street explosion was by some percussive action—it would be possible for the explosive to fall through an air hole on the top of a carriage and to remain there for 150 yards without going off if it was not fitted with a percussion fuse—if the fuse had burnt itself out and the explosion had taken place on the top of the carriage the effect to the carriage would be more serious, and the effect to the tunnel nil—the bottom of the crater of the explosion from the ground was about a foot—it was opposite to the side on which the trail was going, there was a line between the train and the side of the tunnel affected—the nipped detonators would have been perfectly effective—the Peep o' Day clocks are quite a common type of clock; the American pistols are not quite so common, I was unable to get one exactly like it—you can never find any remains in the débris if the thing is properly detonated, we found parts of a clock spring at Victoria—the length of fuse which would burn for three-quarters of an hour would be, if all fuse, 45 yards—I thought a short fuse was used at Sir Watkin Wynn's.
Re-examined. A most careful search was made at the Tower and at the Westminster Hall and the House of Commons, but nothing was found—detonators sold in mining districts are only sold for detonating nitro compounds, that is the only use for them—people who sell dynamite sell detonators also—I have never seen Atlas powder "A" in commercial use—the usual shape of Atlas powder "C" is cylindrical for the purpose of introducing into bore holes—except in Atlas powder "A" I have never seen dynamite in this shape before.
Friday, May 15th.
LEONARD WARD (Re-examined). The prisoner Burton has now been weighed in the same condition as when he entered the gaol—his weight now is 9 stone 11 lb.—he had on some thick under-flannels then.
Cross-examined by MR. DUKE. I said that his underclothing would not weigh 3 lb., but I was not aware that he had very thick under-flanneh and drawers.
COLONEL ARTHUR FORD . I am one of H.M. Inspectors under the Explosives Act—on 1st March, 1884, I went to the City Police Office, Old Jewry, and saw Sergeant Taylor there and the bag which had been brought from Ludgate Station, in which I found a tin box containing a clock and some dynamite and detonators—it was a similar arrangement to that found at Paddington Station described yesterday—there were also 10 detonators—the box had been destroyed, but in the bag were 45 slabs of "tlas powder A" similar to this, and a number of slips of paper on which "Atlas powder A" was printed—the clock was set to go off at 1 o'clock.
Cross-examined by MR. LITTLE. The explosion at Westminster took place at 2.9 o'clock—that was the first, I did not hear the second—the lever of the clock had gone down and struck the cartridge, but the cartridge had mis-fired—it is impossible to tell when the lever went down—it is quite possible that the person who set the whole contrivance may have put it in that way—there is nothing to show that it was not so
—I went to Harrow Road Police-station and saw some ligneous dynamite composed of 94 per cent. of glycerine and nitrate of soda—that is not so high a character of explosive as "Atlas powder A"—it does not contain so large a percentage of nitro-glycerine, but it is a very dangerous explosive—I was in the case of Reg. v. Deasy and others—as far as I recollect the dynamite in that case did not contain nitrate of soda—it was a rougher description altogether—it was made of a different kind of wood powder to that found in the Harrow Road, and different from "Atlas powder A"—that in the Harrow Road was a better kind than this, as if it had been made in a factory; whereas the dynamite found at Liverpool might have been made by an amateur—I am informed that similar dynamite to that found in the Harrow Road can be obtained from the Safety Nitro-Powder Company of San Francisco—that found in Harrow Road is not licensed for usage in this country—I saw that in the Harrow Road on 11th February, 1885, long after the prisoners were arrested.
Re-examined. The pistol connected with the clock had gone down, but the cartridge had missed fire—it was found in the Harrow Road on the previous day, but how long it had been there I don't know—there was only 1 lb. or 2 lb.—I have not the exact amount.
AUGUSTS DUPRÉ. I am professor of chemistry at Westminster Hospital, and have been employed by the Home Office for ten years in the matter of explosives—on 28th January Colonel Majendie and Inspector Abberline came to me and gave me this tube (produced)—it is a copper detonator with an eagle marked on it—I examined it and found in it a mixture of chlorate of potassium and fulminate of mercury—that is the ordinary mixture with which detonators are charged—if that detonator were exploded it would explode dynamite—such detonators are not used for any other purpose—there are different modes of exploding them—the common way is to squeeze or nip it on to a fuse, and then light the the fuse, which would burn down till it arrived at the composition at the bottom, which would cause the detonator to explode, which in its turn would explode the dynamite—this appears to have been attached to a fuse.
Cross-examined by MR. RICHARDS. The detonator found in the prisoner's box would not do any harm to a building, no structural damage—it might go off by dropping—it is an essential part of an apparatus for causing an explosion—dynamite can only be exploded by a detonator, unless it is strongly confined in a shell—it struck with a hammer it would most likely go off—if thrown from several hundred feet high it might go off, and it might not—by essential I mean if you have it in a given place and it is essential to explode it, you would have a detonator to do it or something of a similar nature—a percussion cap would not do it.
EDWARD BORNER (Police Inspector). By the direction of Inspector Williamson I went to Liverpool on 29th January to make inquiries, in consequence of what Cunningham had said—I went to the Alexandra, the Canada, and the Prince's Dock, and inquired for a man named Day, or O'Dey, and a man named Swanson, but found no trace of either of them—persons employed in those docks have to be licensed by the Harbour Board, and I inquired at the office of the Harbour Board, but could not find any Day or O'Dey licensed, or that Cunningham had worked in the docks at all—I inquired both for Cunningham and Gilbert, but found no trace of his having worked there.
Cross-examined by MR. LITTLE. All stevedores and master-porters must be licensed; gangers are not licensed—there is a system at the Liverpool Docks by which the largest consignee of a cargo becomes the master and employer of the gangers under him—the stevedore employs a number of gangers, and the ganger's name appears at the stevedore's office; but where the largest consignee becomes the master, the ganger's name would not appear at the Harbour Office—the workmen crowd at certain places, and the ganger goes and says how many he wants, and selects them as they come up one after the other.
Witnesses for Cunningham.
MARY O'BRIEN . I am single, and live with my parents at 11, Tenter Street, Whitechapel—I know Miss Cannon; she keeps a Catholic repository, and we attend the same church—it is my custom to fetch her her weekly papers on Fridays; they are dated on Saturday, but published on Friday evening; one of them is the Shamrock—the Friday in Christmas week was Boxing Day, and the shops were not open, so I fetched the papers on Saturday—the first time I saw Cunningham at Miss Cannon's was on Christmas Eve, but I had seen him at chapel on Christmas morning—I had no conversation with him on Christmas Eve—I saw him there again the next Friday evening (January 2nd) in the parlour—Miss White, a lodger of Miss Cannon's, was also there; it was between 7.30 and 8 o'clock—Cunningham asked me for a paper, and I gave him one—he then took up a Shamrock, looked at it, and asked if I had one to spare—I said yes, gave it to him, and asked if he would like the last week's number, as the beginning of a new tale came out on the Saturday after Christmas—he did not take the back number, but he took the number for that week, and sat down, and was reading it—I remained there till about 8.30, and then went into the church next door; there was service there—I returned after Benediction at five or 10 minutes to 9 o'clock—Benediction does not generally take an hour—Miss White and Cunningham were then in the room; he was sitting by the fire on the spot where I had left him—we did not speak—no conversation was going on—he was simply reading the Shamrock, which is a weekly paper—I remained there about a quarter of an hour and then left, leaving Cunningham there.
Cross-examined by the ATTORNEY-GENERAL. I have been in the habit of taking the papers to Miss Cannon for the last two years on Friday evenings, not always at the same time, but according to my convenience—I sometimes start from Miss Cannon's at 5.20, and sometimes at 6 o'clock, and go to Duke Street, East Smithfield, for the papers—that is over a mile from Miss Cannon's, and it sometimes takes an hour, and sometimes an hour and a quarter, to get the papers—it must have been about 7 o'clock when I got to Miss Cannon's on Friday, January 2nd—I cannot tell how long after that I first heard that Cunningham was charged with being in the train on the night of January 2nd; I first read it in the papers a couple of weeks afterwards, as near as I can think—it was about five weeks after I saw him at Miss Cannon's that I first heard that he was charged with being on the railway on January 2nd—I did not hear anything about it till after the explosion at the Tower—my attention was not called during those five weeks to my having seen him on 2nd January—Mr. Quilliam, the solicitor, first communicated with me on the subject, about the end of February or the beginning of March, and until he brought it to my memory I did not remember seeing Cunningham on
January 2nd—I remembered it then at once, and I knew that it was the 2nd and not the 9th, because of the paper I had served him with, the Shamrock—Mr. Quilliam did not bring me that paper—when Cunningham was at Miss Cannon's I heard that his name was Gilbert—Miss Cannon was doing her work that evening in the kitchen—it is a good-sized house—I went down into the kitchen to her—she knew I was in the parlour—she was sometimes downstairs, and sometimes upstairs—there was nothing at all secret about me and Cunningham and Miss White being in the parlour—I saw Cunningham about eight times at Miss Cannon's—I saw him on Christmas Eve, and in the following week, and several evening afterwards, but I cannot give you the exact dates-I saw him on the 12th, about 8 o'clock, in the kitchen, and sold him a ticket to go to a concert or panorama—Miss Cannon was in the house then—I am not occupied there in any way except in getting the papers—I never asked Cunning-I ham what work he was doing, or how he was employed—I never had any conversation with him except when I sold him a paper and a ticket.
Re-examined. I get the papers when it suits my convenience, but I cannot go to Benediction whenever it suits me—Benediction commences on Fridays at 8.0 or 8.5 o'clock—the only time I sold Cunningham a Shamrock was on that Friday evening, and I know it was the second paper after the commencement of the new tale—the other date which I can identify was when I sold him the ticket—I looked at the number and saw that it was the second number of the new aeries—I remembered that myself, and gave this copy (produced) to Mr. Quilliam.
CATHERINE WHITE . I am single and live at Miss Cannon's—I work at Mr. Taddy's, a tobacco and snuff manufacturer in the Minories—I remember Cunningham coming to reside at Miss Cannon's, I first saw him there on the Sunday after Christmas—that was December 28th—I met him first in the parlour, but did not meet him there often—on Friday night, January 2nd, Miss O'Brien went for the papers, and I saw her sell a Shamrock to Cunningham—he was reading it, and she went out to church—I remained indoors, and when she came back, about 8.55 or 9 o'clock, he was still in the parlour—he had been there all the time—she might have gone away about 9.30—Cunningham was there the whole of that time—he left the room between 10.30 and 11 o'clock, and as far as I know he went to bed—it was between 7 and 8 o'clock that I went into the sitting room that evening after my work was over, and from that time to 10.30 he did not go out of my sight.
Cross-examined. He lodged at Mies Cannon's three weeks—I was in his room once, it might be a week before he left—I saw a large box there, what they call an American box—I cannot say whether it was like the, one produced, as I did not remain many minutes in the room, but it was something similar to it, the same description of box—I did not know that Cunningham was charged with being on the Metropolitan Railway on 2nd January till I saw it in the paper when the trial was going on at Bow Street—I did not know it at the time I made my statement at the Treasury—it first came to my mind that it was Friday, January 2nd, that I saw Cunningham when Mr. Quilliam came and made me and Miss O'Brien acquainted with it, I then recollected it at once; he saw us both together—I said at the Treasury on February 4th "I first saw the man, I believe, the first Sunday after Christmas"—Christmas Day was Thursday, I saw him sitting in the parlour—that is a room used for the lodgers,
especially on Sunday evenings—he was very respectably dressed—he did not speak to me nor I to him—I saw him every evening in the week, mostly in the parlour, I cannot say what evening it was—I cannot tell when Mr. Quilliam came, I did not take much notice, it was when the trial was going on at Bow Street, but I cannot tell you how many weeks ago it was—I have seen Cunningham five or six times, I usually passed the early evening in his company—Miss Cannon was in the kitchen the whole evening, she may have come up once; she was upstairs and downstairs seeing after her place—I cannot say whether she came up while Miss O'Brien was there—the prisoner went by the name of Gilbert—no one ever called to see him that I know of—I do not know that he was doing any work or that he was employed in any way.
Re-examined. Mr. Quilliam has not offered me any money to come and make this statement—he recalled the evening by mentioning the Shamrock, and that at once reminded me of the interview—I am perfectly certain that on the evening he bought the Shamrock he never left the room till 10.30.
This being the cass for the prosecution, MR. LITTLE applied to the Court for permission to allow Burton to make a statement to the Jury before he (MLLITTLE) addressed them. The ATTORNEY-GENERAL not objecting, MR. JUSTICE HAWKINS gave the required permission. Burton then addressed the Court at considerable length, declaring his innocence, and stating that in coming to this country for change of air on account of his health on board the Donau he made the acquaintance of a young man who was kind to him, and who lent him hit overcoat and rug, which he returned to him on reaching Southampton on the 2st February; that one of the portmanteaus which he purchased there cas for that young man; that on landing at Southampton he received a telegrm informing him of his brother's death, upon which he went by steamer to Ham, where he stayed until the 29th February, and then returned to New York; that in April he came to Liverpool in the Orient, and then to London, bringing with him the same bag he had purchased at Southampton. He then gave as account of his proceedings in London, and as to his seeking for employment, and as to his purchase of the American trunk referred to in his statement to the police.
GUILTY .— Penal Servitude for Life .
MR. JUSTICE HAWKINS called attention to a presentment by the Grand Jury, expressing their strong approval of the conduct of the Police in this case, mi and particularly mentioning Inspectors Abberline, Jarvis, and Hagan, and desire that the attention of the proper authorities should be called to the same.