19th November 1877
Reference Numbert18771119-38
VerdictNot Guilty > unknown

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38. HENRY VAUX (39) , Stealing 25l. of Cornelius Cohnhoff.

MR. GOODMAN conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.

CORNELIUS COHNHOFF . I am a corn merchant carrying on business at I Corn Exchange Offices, Mark Lane—I left my office about 12.30 on October 20th—I had a 5l. and a 20l. bank-note—this is the 5l. note (produced)—it is stamped with the mark of our firm and the number—this other note: (produced) is also stamped with the mark of our firm—I put them in an envelope in my breast-coat pocket—the envelope has also my name and! address on it—in about 20 minutes, after I had done some business, I returned to my office—I had missed the notes before I got to the office—I felt in my pocket and thought I might have left them in the office.

WILLIAM GLADWELL . I am a waiter at the Monarch dining-rooms, 128, Holborn Hill—at about 6.30 on the evening of the 20th October, the prisoner, who had had some refreshment, tendered me this 5l. note—I asked him to endorse it—he said he could not write—this is his name and address "Henry Vaux, 14, Upper East Smithfield."—I gave him the change.

FREDERICK LAWLEY (City Detective). At about 3 o'clock on the 27th ultimo, from information I received I went to 14, Upper East Smithfield, which place I found shut up, an empty shop—I waited for some considerable time, and then saw the prisoner go into No. 14—I went in and told him that I was a police-officer, and had come to make some inquiry about a 5l. note that he had changed at the coffee-house in Holborn, and I asked him if he could give me any information—I said "You changed it there this day week"—after some hesitation he said "Yes, I did"—I said "Can you tell me where you got that from"—he said "You see my place is to let; a man came in and looked over the place with a view to taking it, and after going over the premises, he came down and asked me if I could change him a 5l. note"—he said first of all it was in the morning part, but he said afterwards it may have been in the afternoon of that day week—he said "I gave him the change"—I said "There is a 20l. note also you changed"—he said "Yes, by-the-bye, I did," and he took the notes out—he said "I gave him 25 sovereigns on the counter"—I said "Can you tell me what the man's name is?"—he said "No, I never saw him before"—then he told me he came from Bermondsey—it was then that I said "Where is the note?" and he produced the 20l. note—I said "You see these bear the stamp with the name and address of the loser"—he said "Well, I did not notice that"—he was then taken to the station and charged.

Cross-examined. The address he gave was correct—I believe the property was lately sold to the prisoner by a widow named Levy, a Jewess—he was admitted to bail by the Alderman.

Re-examined. The place was entirely empty—I went over the place.

Witnesses for the Defence.

HENRY EDWARD HERMAN . I am clerk to Mr. Henry Poole, of Bartholomew Close—I produce an agreement between Esther Levy, of the one part, and the prisoner of the other part, and dated the 30th April, 1877—the prisoner brought it to our office first about the end of September and again in October, and gave us instructions to sue Mrs. Levy upon it, which we have done, and the matter is now pending—there are three counts

in the statement of claim; first for breach of that agreement, secondly for breach of promise of marriage, and thirdly for money lent.

BARTHOLOMEW HIGGINS . I live at 2, Lowman Street, Camden Square—I have known the prisoner for 33 years—he comes from near Newport Pagnall, Buckinghamshire—he has always borne the character of an honest and respectable man—he is not simple exactly, but not of very strong intellect.

Cross-examined. He has not lived in Buckinghamshire all the time—he has lived in London some years.

GEORGE VANCE . I live at Cranfield, Buckinghamshire—I have known the prisoner all his life and am his brother—our father left all of us 700l. or near upon it—he died 12 months last July—I believe we got our legacies last February.

Cross-examined. My brother has not lived in Buckinghamshire all this time—he lived with his father up to his death—he did not come to London till after he had his money.

HIGGINS. I live at 20, Park Street, Camden Town, and I have known the prisoner all my life as an honest and upright man.

Cross-examined. I cannot tell what he does—Ms father was a farmer, and he lived with him—the prisoner is my uncle—he has been living in 1 Upper East Smithfield since he had his money—I do not know that he does anything for a living—he has been in London since last April—his father left him 700l.

JONATHAN BTJSNEY . I am a cab-proprietor and a landed proprietor, and live at 20, Wellesley Road, "Camden Town—I have known the prisoner from his youth upwards—I am from the village where he comes from—I know his handwriting—this is it (referring to the agreement)—he has always borne a good character.

H. E. HERMAN (Re-examined). A clerk in our office served the writ—Mrs. Levy appeared by Lewis and Co.—they have delivered statement of defence, but we have not replied to it.

ESTHER LEVY . I let the prisoner the house at 14, Upper East Smithfield—this is my handwriting (referring to the agreement)—the prisoner paid me 150l. on the 30th May, I think—he was quite a stranger to me—the bill was in the window that the premises were to let, and he seemed anxious to have it—I did not suggest we should go to a lawyer, but I took him to Mr. Hind, of Cannon Street, estate-agent, whom I knew, for the purpose of having the agreement prepared—the prisoner had two or three interviews with me—he first came in to make a purchase, and he said he had been after a place where he would have to pay 120l. for the goodwill and 100l. a year—I said my house was cheaper, and he was agreeable to take it—that was all that passed—the nest time he came was about the business, and I let him the house and shop for nine years at 45l. a year—he paid me by a note out of his own pocket, and had no one to represent him—I have a brother—the prisoner did not buy my furniture—I sold him the agreement for nine years—I took my furniture away—when he came he said he should not open the house—he. had been trying to let it, and bad advertised it at 75l. and 150l. a year; so he could not have thought it a very bad bargain—he said he had a niece who would come to attend to it, but there was some death in the family and she could not come—a carman took the furniture away-my brother did not go there—lie is living at the Robin Hood public-house—

I know nothing about an appointment being made there with the prisoner—I don't think the prisoner made inquiries—he made no proposal to me of any kind—he would not be such a fool, I should think.

Cross-examined. There is no truth in the suggestion that I engaged to marry him and broke it off—he did not appear to be silly—I have a copy of the agreement besides that—he said he was a gardener, I think, and carried on business in Camden Town or Kentish Town, or somewhere I with his brother-in-law—my business was a passengers' outfitting place—he gave me no reference—he said he wanted the place for a coffee-house.


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