WILLIAM HOWARD, GEORGE MONTAGUE, Theft > burglary, 5th April 1875.

295. WILLIAM HOWARD (30), and GEORGE MONTAGUE (23) , Burglary in the dwelling-house of William Henry Wilson, and stealing therein the sum of 1l. 5s. 0d .

HOWARD PLEADED GUILTY , also to a previous conviction**— Ten Years' Penal Servitude.

MR. BRINDLEY conducted the Prosecution; and MR. C. MATHEWS the Defence.

(The prisoner had been previously tried for this, offence, but the Jury then being unable to agree were discharged without delivering a verdict.)

CHARLES RUNNEGAR (Policeman R 88). I was on duty on 19th February, in the New Cross Road, Deptford, at about 1.50 a.m.—on passing The Royal Albert, I heard a noise as if money were being taken out of the till or put in in, and I waited a short time and met Howard, with the prisoner coming out of the door—I pushed them both back, and Howard said "All right policeman"—I said "Wait and we will see the landlord"—the prisoner commenced kicking me—I laid hold of one in each hand, and all three went over—after struggling up again we went over a table—the prisoner put his hand under my coat to lay hold of my person—he then made his escape, leaving his necktie and hat behind—

I dragged Howard out of the door, and hallooed "Stop thief!" as I thought one of my mates might be coming down—I took Howard to the station and searched him, and found on him 12s. 6d. in silver, 5s. 7 1/2 d. in coppers, and 4¼d. in farthings—he said the silver money was his, but the copper money was the landlord's—on the occasion in question there was a light in the bar, on, a stand underneath, as if for hot coffee or tea—I don't know which—I turned the light full on their faces—I gave evidence against Howard, at the Police Court—the same as I have given to-day—the prisoner was not before the Court then—while giving evidence I saw Montague in the body of the Court—I knew him directly by his face—he was wearing the same coat as he had on that night—not the same as he is wearing now—I had a good view of him, and I am positive that he is the man—I had not seen him or known him before.

Cross-examined. The prisoner was not taken into a separate room at the Police Court—only into a doorway to let the people pass—that was not for the purpose of fitting on the hat which I had found—I took him out of the station; he asked to have the hat tried on—it was his own wish and I succeeded to it—the hat was tried on in my presence—it was a fit, but a little large for him—that is my opinion of a fit—no scar was looked for; that I swear—oh, yes, scars and bruises were searched for but not found—I do not know that Howard was brought in for identification—he was not in my presence—it was on the 6th March that I first mentioned about the light in the bar—when first examined I did not mention that I turned my bull's-eye on—information of the burglary was given at the police-stations the same morning, and circulated throughout the whole of the R Division—all the policemen in that division would be thoroughly well acquainted with the fact that there had been a burglary—we fell several times—I believe before. the Magistrate I only said we fell once—there is no mention in my first deposition of the light in the bar, but there is on the 27th—I did not say there was no gas in the bar—Montague raised his right fist—I held them both by the neck, Howard in one hand and Montague in the other—I did not take either by the arm till I took them to the station—I was upon the ground at the time the prisoner escaped—as I fell I held each by the neck—I am perfectly accurate as to its being his right fist that the prisoner raised—did not see Orford until after I got the other prisoner to the station, about twenty minutes after—I did not see Draper till the next morning. (The hat alleged to be prisoner's was produced and tried on him, when it appeared large). He has had his hair cut.

Re-examined. When I gave evidence on the first occasion it was against Howard—I took him at the time, and there was no question as to his identity—that is the reason I didn't mention the light—when the scar was looked for on the prisoner's head, I did not know of any—there was gas burning in the house besides my bull's-eye.

WILLIAM HENRY WILLSON . I am the landlord of the Royal Albert public-house, New Cross Road, Deptford—about 12.20 on the morning in question I fastened up the house and saw the windows closed—at about 2 o'clock I heard a noise downstairs for full ten minutes before I went down—my bed-room is at the back of the house, and the billiard-room is over the bar—I stood on the landing and then went down and found the constable with, not the prisoner, but Howard, outside on the pavement struggling together—I was undressed, and went upstairs to dress; I then went to the station with the policeman and Howard—I missed 10s. or 12s. in silver, and 2s. or

3s. worth of coppers; the tills had been cleared, but I had left that for change in the morning: it was all gone—they must have entered the house by getting up the portico and getting through the middle billiard-room window, which I had fastened over-night—it was wide open—we have a stove and stand in the bar with ten or twelve jets—that was burning and burns every night, and outside the door there is a lamp that was burning on that morning.

Cross-examined. I closed the window myself—it was the billiard-room window that I found open.

FREDERICK ORFORD (Policeman R 249). I was on duty in the Mornington Road, Deptford, on the morning of the 19th February, about 400 yards from the prosecutor's house—I saw the prisoner about 2.10 walking along with his hat and scarf off—he passed me on the same side of the road—it was a moonlight night, a very light night, and I could see him distinctly—I did not know his name or where he lived; I had seen him once before, I dare say about two months before, in company with a young lady, walking in the New Cross Road—the prisoner is the same man I saw.

Cross-examined. I don't know who he was walking with; I have seen her now, Mrs. Perriman; and she is the same person I saw him walking with—I didn't know where she lived then—I do now; in Vance Street—I have been there once—on the 27th February, with Draper; I saw her then—I did not have any conversation with her, Draper did; I stood by and listened—he did not ask her whether she knew her young man was in trouble, in my presence—it was not said at all, that I heard—I was not standing close by—Draper was there to make inquiries—I went into the room—I was at one end of the room and Draper the other—I did not hear anything pass—they walked up in the corner of the room and talked privately—I was present at the police Court when the charge was made and the hat tried on, and the scar looked for—I do not remember' a man being brought in for the purpose of identification—I do not know of anyone being brought in—Howard was in the Court.

JOHN DRAPER (Policeman R 172). I was on duty in the Lower Road, Rotherhithe, on the morning in question, and I saw the prisoner about 2.20—he had a dark over-coat on, with pockets on the hips, no hat on, and the coat collar turned up—I spoke to him—he was walking in the footway—I said "Is anything the matter?"—he said "No"—I said "Where is your hat?"—he said "I have left it at my brother's"—I said "The wind is blowing bitterly cold this morning, you will get cold in your head"—he said "No, I shall not; I shall be home directly"—he went towards Rotherhithe—I was at the Police Court when Howard was brought before the Magistrate, in plain clothes, standing in the body of the Court, and the prisoner came and stood by my side, and I knew that he was the man who had passed me on that morning, the 19th February—I knew him the moment he came into Court—I saw him leave the Court when the charge was read over and disposed of—the Usher of the Court said "The night charges are all over "and the prisoner turned round to go away—Runnegar was in the witness-box—I saw him look across into the body of the Court, and the prisoner turned round to go out of Court, hung his head down, and said "I am twigged"—he was in company with two other persons—when he was taken into custody they went away at once—he is the same man I saw.

Cross-examined. I was examined at the Police Court on the 6th March, and I was examined here yesterday—I think I mentioned yesterday that

Runnegar looked towards the body of the court—I did not say so on the 6th March—f know now where Mrs. Perriman lives—I have been to her house—I went there on the 27th February, on the evening that prisoner was taken into custody and saw her—I spoke to her—I had no conversation—Orford went with me and he was inside the room and heard all that passed—we did not both speak in a loud tone of voice—there was not the least privacy in the conversation—we were in what they call the kitchen—I did say to Mrs. Perriman, Well, Lizzie, have you heard your young man is in trouble?"—I didn't know that he was her young man—that was the first question I put to her, and she replied "Yes, I have, and it is a shameful thing"—she said she would do all in her power to have him defended by a solicitor—I did not say I thought the money would be wasted knowing she was badly off, and that he had no chance of escape—I said she could do what she liked—I did not say it was very silly—when the prisoner referred to his brother he did not say he had only just come from his brother's—he appeared to be recovering from the effects of drink.

Re-examined. I did not know where Mrs. Perriman lived till I went there on the 27th—I had instructions to go there—I did not tell her the charge against the prisoner, merely that he was in trouble—I cannot tell you the time at all.

By THE COURT. I had instructions from my superiors to go to make inquiries, and I went with Orford and made inquiries—my speaking of prisoner as her young man was a guess.

CHARLES CHAMBERS (Policeman R 254). I was on duty on the 19th February in the Wootton Road, Deptford and saw the prisoner about 2.15—was walking along the road—he had a dark over-court on, it appeared k that night—there was a moon—he had a handkerchief up to his head I appeared as if under the influence of drink—he went towards Rotherhithe.

Cross-examined. He was on the footpath.

GRORGE WALLIS (Policeman R 332). I was on duty on the morning in question in the Lower Road Deptford, at the corner of the Wootton Road, and saw the prisoner there—he was walking in the direction of Rotherhithe, on the opposite side, and passed me under a lamp—he had no hat—it was about 2.15—the prisoner is the man I saw.

RICHARD UPTON (Policeman R 235). I was in Greenwich Police Court during the examination of Howard at the time that Runnegar was giving evidence—I saw the prisoner there, I was close in front of him—I observed Runnegar when giving evidence look round the body of the Court and I heard the prisoner make a remark to another man standing by—he said "I also twigged"

Cross-examined. I was standing in front and Montague behind me standing the body of the court.

FREDERICK ORFORD (re-called). It was about two months after I saw them together that I knew Mrs. Perriman's address, not till the 27th February—I did not know her before then—I had not seen her between the time I saw them together and the 27th.

Witness for the Defence.-

ELIZABETH PERRIMAN . I am ordinarily called Lizzie Perriman—I live with the prisoner as his wife at 35, Vance Street—I moved to there on the monday, the 22nd, and the prisoner was taken on the following Saturday—before that I lived at Whittington Road, Peckham—I have lived with

prisoner for nearly three years—I saw him on the night of the 18th February—we parted about 8 o'clock or a little after—I left him at the top of Walpole Street, and he went to the Fireman's Arms—we previously made an appointment to re-meet at about 11.30—I returned to Walpole Street about that time, but he was not there, and I went to the Fireman's Arms and found him, and we returned home to 9, Whittington Road, arriving there about 12 o'clock—I had done three week's washing, and I went into the back room, and when I returned to the other room about 12.45 the prisoner was in bed, and I slept with him that night—I am certain he did not go out—we got up a little before 9 o'clock—I had given notice to leave that day when I did my washing, and that is the reason I remember the date.

Cross-examined. I have been living with the prisoner nearly three years, the whole of that time; not every month more than every six months—he has been away from me for as long as six months—I have gone by the name of Wilson; that is the name in the books at Greenwich—I am known by the name of Lizzie; I go out each night—the prisoner does not go in my company at that time; he always goes away and meets me again; that happens many nights—I am living at 9, Whittington Road, Peckham, at that time—it is about twenty minutes walk from Deptford—I do not know the distance—it was Thursday, the 18th, that I gave notice to leave—I gave the money for the week, but left the following Monday—I ought to have left on the Thursday—I remember the 18th by the fact of my doing the washing on that day—I gave a week's notice, but told my landlady I should leave before the day—I went into a new place on the Monday—it was the 18th that I went with prisoner—I never went with him to the Fireman's Arms—I called there for him—I have also gone by the names of Duggin and Harvey—Ada Clifford lives in the house where I now am, Anne Smith and Mrs. Robinson—in the house I was living in on the 18th only my landlady resided with me—I did not see her most nights when I went in—she was always in bed there were only her children besides—her husband had gone to sea—the children are about ten—persons never go home and spend the night with me—the prisoner and I always went home together every night; never without him since last September—we have gone home about 11.30 or 12 o'clock—the prisoner could always be found at the Fireman's Arms—we went to sleep on the night in question about 12.45—he was in bed then—we awoke about 8 o'clock next morning—I do not know anything about what took place between 12.45 and 8 o'clock.

By THE COURT. I know Orford and Draper, and they know me and my young man—they have spoken to me and asked me how my young man was, meaning the prisoner.

GUILTY .

He also PLEADED GUILTY to a conviction for felony at St. Mary's, Newington, Surrey, on the 2nd March, 1874— Two Years' Imprisonment.


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