5th September 1911
Reference Numbert19110905-56
VerdictsGuilty > pleaded guilty; Guilty > unknown; Guilty > unknown
SentencesImprisonment > penal servitude; Imprisonment > penal servitude; Imprisonment > hard labour; Imprisonment > penal servitude

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CARLYLE, Arthur (55, tailor), O'FLAHERTY, Edward (38, labourer), COOK, Thomas (31, labourer), and McLAREN, William (23, dealer) , all burglary in the dwelling-house of Alberta Louisa Gerrie and others, known as the Central London Throat and Ear Hospital, and stealing therein four dressing gowns and other articles, the goods of the governors of the said hospital; all being found by night having in their possession, without lawful excuse, a certain implement of housebreaking; Cook causing grievous bodily harm to Frederick Penfold, with intent to resist the lawful apprehension and detainer of O'Flaherty. Mr. J. St. John McDonald prosecuted.

The indictment for burglary was first taken. McLaren and Cook pleaded guilty.

Police-constable FRANK GOODMAN, 341 E. On August 6 at 10.45 p.m. at the corner of Britannia Street and Gray's Inn Road, I saw Carlyle, O'Flaherty, and Cook carrying coats and bags. I seized O'Flaherty, who struggled violently. A man in the crowd blew my whistle; Police-constable Penfold came to my assistance. During the struggle Cook rushed at us with his jemmy (produced), struck several times at me. He said, "If you do not let him go I will knock your brains in." He struck Penfold on the shoulder and struck at me, on which I struck him with mytruncheon. He was then arrested by two private individuals. O'Flaherty was very violent on the way to the station and tried to bite and kick me.

SAMUEL BULL , 61, Wicklow Street, King's Cross, mail van driver. On August 6 at 10.45 p.m. I saw Carlyle come over the hoarding from the back of the Ear and Throat Hospital at the top of Wicklow Street. There were then thrown over four dressing gowns (produced), then O'Flaherty got over; two leather bags containing tools were

thrown over; then Cook and McLaren followed and the four prisoners ran up Britannia Street. Carlyle was dancing about with the dressing gowns around him. My wife caught hold of Carlyle; he threw a file at her. I then seized him; he struggled. Police-constable Wiggins came up and took him to the station. I and my wife followed with the stolen articles.

GERTRUDE BULL , wife of the last witness, corroborated.

EDWARD BOULTER , porter, Central London Throat and Ear Hospital, 130, Gray's Inn Road. Four dressing gowns (produced) are the property of the hospital; the bags belong to Allen and Co., contractors. On August 6 I fastened the doors of the out-patients' department, which opens on to the waste ground separated by a hoarding from Wicklow Street.

RICHARD LLOYD , foreman to Richard Allen and Co., painters, etc., High Street, Bloomsbury. Two bags (produced) contain tools belonging to me and another workmen. On August 6 the bags were in a box in the hospital grounds (fastened by a padlock) filled with other tools belonging to my firm. On August 9 I found the padlock broken off the box, the bags gone, and other tools scattered about the ground.

ALBERTA LOUISA GERRIE , sister in charge, Central London Throat and Ear Hospital. Dressing gowns (produced) belong to my hospital and cost about £1 each when new. The thieves entered by the bath-room window.

Police-constable JAMES WIGGINS, 313 E. On August 6 at 10.45 p.m. in Britannia Street I saw Police-constable Goodman struggling with O'Flaherty. Carlyle ran up with two robes round him; I arrested him; he was very violent; a person in the crowd blew my whistle and, with other assistance he was taken to the station and charged.

Police-constable FREDERICK PENFOLD, 229 E. On August 6 I was in Gray's Inn Road in plain clothes; hearing a whistle I went to Britannia Street and assisted Goodman in taking O'Flaherty to the station; he was very violent. In Gray's Inn Road Cook rushed up flourishing large jemmy (produced), said, "Let go or I will knock your brains out," and struck me a violent blow on the shoulder. He Attempted to strike again when two men in the crowd caught his arms, seized the jemmy, and detained him.

HENRY BROWN , 65, Derby Buildings, Gray's Inn Road, coachman. On August 6 at 10.50 p.m. I heard a police whistle and at the corner of Britannia Street saw O'Flaherty struggling with Police-constable Penfold. Cook rushed from the kerb and said, "Let go or I will kill you" or "brain you," at the same time raising this jemmy. I jumped on him and, with anotherperson, took the iron bar from him; and we then took him to King's Cross Road Police Station.

Statement of Carlyle: "I had been in bed all day ill. I came out about 10 o'clock. I met the others and had a drink in the Pindar of Wakefield.' I had no idea what they were going to do—I do not believe they had either—until they got to Britannia Street. O'Flaherty and I sat on the doorstep opposite. Sometime after some coats were thrown over and I picked them up. So far I am guilty."

Statement of O'Flaherty: "I plead guilty to being concerned but not breaking and entering. I had been drinking all night."


ARTHUR CARLYLE (prisoner, on oath). I was lodging in Gray's Inn Road, four doors from the "Pindar of Wakefield." On August 6 at 10.15 p.m. I had two or three drinks with the other prisoners and went with them towards the "Angel." I had no idea of what they were going to do, and I do not believe they had until they came to this hoarding, when Cook and McLaren got over. O'Flaherty and Is at on a doorstep. Two strangers came up and told us to be careful, as we were being watched. I did not go away as I wanted to see what Cook and McLaren had gone for. Inabout half an hour some things were thrown over. I picked up two dressing gowns and a bag: O'Flaherty picked up the other things.

Cross-examined. I knew the things were not honestly come by.

EDWARD O'FLAHERTY (prisoner, on oath). I had been drinking very heavily. I sat on the doorstep, saw the men go over, and when I saw the things come over I walked away with them. I only picked them up. things came over I walked away with hem. I only picked them up.

Cross-examined. I knew the other men had not gone over for an honest purpose.

Verdict (both), Guilty.

The jury wished to commend the witnesses, Mr. and Mrs. Cook and Henry Brown, for assisting and protecting the police.

Cook was then tried for causing grievous bodily harm to Frederick Penfold with intent to prevent the lawful apprehension of Edward O'Flaherty.

Police-constables FRANK GOODMAN, 341 A, and FREDERICK PENFOLD repeated their evidence.

In cross-examination prisoner suggested that the officers were striking him with a truncheon, that he raised the jemmy to ward off the blow and struck Penfold by accident, which was denied; Penfold was in plain clothes and carried no truncheon.

WILLIAM HASTIE , 2, Lamb's Court, Lambs Conduit Street, painter. On August 6 at 10.50 p.m. I was in Gray's Inn Road; I saw Cook rush at Penfold with jemmy (produced) saying, "Let him go or I will knock your brains out." He aimed a blow at Penfold's head; I and Brown seized him from behind, took the jemmy from him, and assisted in taking him to the station.

MICHAEL MALONE LEE , Divisional Surgeon. On August 6 at 12 p.m. I examined Penfold at the station. His left shoulder was very much swollen and very painful on pressure or movement: the bone was not broken. The injury might have been caused by a blow from the jemmy (produced). I put him on the sick list: he was off duty 26 days. I also examined O'Flaherty and Cook. O'Flaherty had a slight abrasion on the scalp. Cook had an incised wound. They had been drinking, but were sober in my opinion.

Cross-examined. The injury to Cook might have been caused by a truncheon.

HENRY BROWN repeated his former evidence.

Statement of prisoner: "I plead guilty to getting over the fence and stealing the things and throwing them over. I struck the constable on the spur of the moment to stop his truncheon striking my head."

THOMAS COOK (prisoner, not on oath). I say simply that in self defence I struck the constable in the scrimmage. Verdict, Guilty.

Carlyle confessed to having been convicted on August 13, 1907, at North London Sessions, and sentenced to five years' penal servitude and three years' police supervision for stealing a watch, etc., after a large number of previous convictions, commencing in 1875, and including four terms of penal servitude; released on April 22, 1911, with 15 months to serve. O'Flahertyconfessed to having been convicted on September 15, 1908, at Newington Sessions, receiving three years' penal servitude for stealing a watch, after seven previous convictions, including three years and three years' penal servitude. Released July 24, 1911, with a remnant of 118 days. McLaren confessed to having been convicted on December 12, 1910, at Clerkenwell, receiving three and two months' hard labour for stealing a coat and assault, after two summary convictions. Cook confessed to having been convicted on February 23, 1911, at Clerkenwell, receiving three months' hard labour for stealing curtains, after eight previous convictions, including six convictions for assault on the police.

Sentences: Carlyle, Three years' penal servitude; O'Flaherty, Three years' penal servitude; McLaren, 12 months' hard labour; Cook, Five years' penal servitude.

The Common Serjeant commended the conduct of Mr. and Mrs. Bull, Mr. Brown, and Mr. Hastie, and ordered them a gratuity of 40s. each. The conduct of the officers was also highly commended.

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