30th January 1912
Reference Numbert19120130-33
VerdictGuilty > unknown
SentenceImprisonment > penal servitude; Imprisonment > hard labour

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HEATH, Henry (29, dealer), and BAILEY, William (30, carman) , both stealing one set of harness, one brougham, 1, 846 rings, the goods of Lawson, Ward and Gamage, Limited.

[Refer to trial of William Lee and Chris Hagan at the November Sessions, page 84.]

Mr. Travers Humphreys and Mr. Roland Oliver prosecuted; Mr. Purcell defended Heath; Mr. H. W. Wickham defended Bailey.

Detective-sergeant ALFRED GROSSE, Y Division, proved plan of the neighbourhood of Westbury Avenue and Boundary Road, Wood Green. ERNEST WILLIAM WEDGE, 72, Trinity Road, Wood Green, traveller to Lawson, Ward, and Gamage, Limited, 26, Clerkenwell Road, E.C., wholesale manufacturing jewellers. I drive about in a brougham which contains large quantities of jewellery. On Tuesday, September 5, as is my custom on every Tuesday, I drove in the neighbourhood of Wood Green. At about one o'clock I went to my house for dinner, and left Booker, the driver, in charge of the brougham, which contained 1, 846 gold rings, 970 pairs of earrings, 842 bracelets, 607 necklets, 1, 117 brooches, 1, 180 pendants, 402 scarf pins, and other jewellery, packed in five trunks, the value being £3,280. On the near side of the brougham there was a Yale lock, and a bolt on the inside of the offside door; the windows had green blinds pulled down. That brougham could only be opened without the key by breaking the window, putting one's hand in, and pulling the bolt back. At 2.30 that day Booker came to my house without the brougham, and made a communication to me. At 3.30 I saw the brougham empty at Wood Green Police Station; the offside window had been broken and the door unbolted. About a fortnight afterwards I identified two leather cases and jewellery to the value of 15s. (produced) as being part of the stolen property.

GEORGE BOOKER , coachman. I was employed by T, Brickland, Limited, Gough Street, Gray's Inn Road, to drive a brougham for Lawson, Ward and Gamage. On September 5 I was driving the last witness; at 1 p.m. I left him at his house, ate my lunch outside the "Prince of Wales" public-house, in Trinity Road, and then went to a public lavatory at the foot of Jolly Butchers Hill, at the corner of Lordship Lane. I took the bit out of the horse's mouth, put the nosebag on, locked the wheel with a Yale lock, and went down into the lavatory, leaving the brougham in charge of a man whom I did not know. When I came up six or eight minutes afterwards the brougham and the man had gone. I informed the police and then went to Mr. Wedge's house. I know Bailey; two years ago he was

employed with me as cab washer at T. Bricklands. In 1910 I saw him driving a Royal Mail van after he had left Bricklands. I do not know Heath.

Cross-examined by Mr. Wickham. Bailey has always borne a good character; had he been outside the lavatory I should have left the brougham in his charge.

HENRY DANIEL CHESSER , 182, High Road, Wood Green, blacksmith. At about 1.30 p.m. on September 5 I saw Heath coming towards my forge along a road which has no name, which leads from the High Road, Wood Green, towards Lordship Lane. He was wearing a high hat and a coachman's coat with bright buttons. He came within 10 yards of me; I took especial notice of him because he was lame in the right leg. He went on to Lordship Lane and I lost sight of him. Next morning I spoke to a detective; on Christmas Day I picked Heath out from a row of other men as being the man I had seen. I have not seen him walk since September 5, and did not pick him out because he was lame.

Cross-examined by Mr. Purcell. I first noticed him when he was 30 yards away. I have since seen Inspector Neil several times. I saw in the "Mirror" that the coachman had got a limp. I daresay there were three or four men as big as Heath in the row of men. ROSETTA MAUD MURRAY, 27, Sandford Avenue, Wood Green. On September 5 between 1 and 2 p.m. I was standing at the top of Lordship Lane, opposite the lavatory, when I noticed a brougham on the other side of the road. By the side of the brougham I saw two men whom I now know as Lee and the prisoner Heath. At the last trial I identified Lee, who was convicted. Heath was dressed in a livery and a tall silk hat, and was standing on the pavement conversing with Lee. Lee then handed something to Heath; Heath mounted the box and drove off in the direction of Tottenham; Lee went into the lavatory. I noticed the brougham because it was drawn upon the wrong side of the road, and I was trying to cross. On Christmas Day I picked out Heath at Wood Green Police Station from a number of other men.

To Mr. Purcell. A double row of tram lines runs down Lordship Lane; there was traffic in the road. When I first saw Lee and Heath they were just beyond the horse's head, walking towards the brougham, which was then between us. Heath got on the box, looked at me, and drove in the direction in which the horse's head was turned.

Mr. Purcell proposed to read the witnesses evidence before the Common Serjeant as reported in the Sessions Paper.

The Recorder: You cannot read that, it does not profess to give everything the witness says.

Cross-examination continued. I saw the brougham for two or three minutes. When I picked Heath out there were only two short men in the row.

EMMA BUSE , wife of William Francis Buse, printer, 178, Westbury Avenue. On September 5, at about 2 to 2.15 p.m., I was in my garden when I saw a brougham with green blinds coming along Boreham Road from the direction of Lordship Lane. A man in livery

and a silk hat was driving; by his side was Lee. The brougham went past my house and stopped at the corner of Boreham Road and West-bury Avenue. Lee got out, crossed the road and put on a pair of brown gloves, while the brougham went on, passed my house again, and disappeared in the direction from which it had come. A four-wheeled cab then passed; Lee put up his finger, it stopped, he got in, and the cab drove on after the brougham. I afterwards picked out Hagan as the driver of the brougham, Lee as being the man who sat by his side; on January 1 I picked out Bailey as being the driver of the cab.

To Mr. Purcell. Although Hagan was acquitted I still think he was the driver of the brougham. He had red hair, and was not at all like Heath.

To Mr. Wickham. I remembered Bailey on January 1 because the other trial had kept him on my mind. I did not at first pick him out because I did not want to give evidence; I had been ill—I recognised him at once.

ANNIE MORAN , servant to Dr. Taylor, 2, Stanley Villas, Boundary Road, Wood Green. At about 2.20 p.m. on September 5 I was looking through the bay window of the dining-room when I saw a brougham standing on the opposite side of Boundary Road; a four-wheeled cab from the direction of Boundary Road passed the window, re-passed, and drew up behind the brougham. The two vehicles were then about the length of this court from me. Bailey was driving the cab. When the cab stopped Bailey got down; he and Lee, whom I saw walking on the pavement, each took a case, like those produced, out of the brougham and put it into the cab. Lee got into the cab and shut the door; Bailey got on the box and drove away, leaving the brougham there. I only saw two men. On January 1 I picked Bailey out at Wood Green Police Station.

To Mr. Wickham. After I had identified Bailey I was asked to turn my head away and give a description of him, but I said I could not do so because I had not looked at him much.

Re-examined. I gave a full description of Bailey before I picked him out.

THOMAS UNWIN , 77, Chesterfield Gardens, Harringay, handy man. About 2 p.m. on September 5 I was walking along Boundary Road when I saw a brougham with the horse's head facing Lordship Lane and a cab just behind it. The brougham window was broken. I saw Bailey and another man take about four boxes out of the brougham and put them into the cab. On January 1 I picked Bailey out from a number of other men as being one of the men I had seen.

To Mr. Wickham. When I picked Bailey out I had a little doubt as to whether he was the man. (To the Judge.) I picked him out because I thought he was the man.

Police-constable JOHN HALL, 83 TR, stationed at Wood Green. At 3.20 p.m. on September 5 I found a horse and brougham wandering unattended in Boundary Road; I took it to Wood Green Police Station, where it was identified by Wedge. The brougham was empty.

the glass panel in the offside door was 'broken, and a broken chain was hanging from the fore wheel.

Police-constable ARTHUR SMITH, 539 J, stationed at Victoria Park, Hackney. At 6.30 on September 7 I found a number of leather cases, a number of small cardboard cases, a few brooches and earrings, and a number of tickets (produced) thrown on a dust shoot on Hackney Marshes.

Detective-sergeant THOMAS RATCLIFFE, N Division. Three or four days before September 5 I saw the two prisoners in company with Lee once inside, and once outside the "Three Brewers" public-house, Islington; the "Three Brewers" public-house is a long way from Lordship Lane. Two or three days after the robbery I saw the two prisoners in company with Lee going into the "Red House" public-house, Essex Road; they had a drink together. On September 15 I followed Heath and Lee, and they went into a public house together, Lee was arrested on September 19; I did not see Heath or Bailey from September 15 till after they were arrested, although I was looking for them.

To Mr. Purcell. When I saw Heath and Bailey on one occasion there were three other men with them, and on another occasion there was one other man. I am a plain clothes officer. When I followed these men I was not disguised; in some neighbourhoods the detectives are better known than the uniformed officers.

To Mr. Wickham. I made no note of this.

Detective JOHN BUCKINGHAM, Y Division. In consequence of instructions I had received on September 14 I kept observation on 23, Church Path, Stoke Newington, which is the prisoner Heath's home. He came out at 10.15 a.m. I followed him to the "Three Brewers" public-house and four other public-houses; he was spending money very freely and buying drinks for others. Next day he came out at mid-day. I followed him to the "Freemason's" public-house, where he remained for three hours drinking very heavily. That evening I saw him drinking at the "Oporto Stores" public-house. He left there at ten and went to the "Three Brewers" public-house, where he met Lee and three other men. I did not see him again until he was arrested. His right knee is stiff and he walks with a limp.

To Mr. Purcell. Hagan had a slight limp; he was ginger-haired and nothing like Heath. (To Mr. Wickham.) I know nothing about Bailey.

(Friday, February 2.)

Detective RICHARD JUBY, Y Division, corroborated.

To Mr. Wickham. I know nothing about Bailey.

Detective CHARLES WESLEY, G Division. On May 23, I think, of last year I saw the two prisoners together in Clerkenwell Police Court while a case not affecting them was going on. The case was remanded and on May 27 I saw them together conversing outside the Court.

To Mr. Wickham. It was the case of a man named Wilkinson who was afterwards discharged. I made no note of this meeting.

MARY HEATH , 23, Church Path, Stoke Newington, widow. Prisoner Heath, who is my son, has been living with me. On a Tuesday or Wednesday in the middle of September he went away; I did not see him again till about ten days before Christmas, when he returned to live with me. I received a postcard from him when he was away, but no address.

To Mr. Purcell. My son frequently left me in the summer and told me he was going to race meetings. I was not at all surprised when he went away that time; he told me he was going to race meetings at Manchester and Southampton. When he came home from attending race meetings he sometimes had won some money. He paid me 10s. a week.

EMILY WALKER , wife of Robert Walker, 78, Brewery Road, Islington, tenement house. About November 23 Bailey and his wife took three rooms on the ground of the same house as I live in. At about 6 p.m. on December 28 he moved out with his furniture. During the time he was there Heath called on him three times. Although I never saw Bailey doing any work, he seemed comfortably off. I afterwards picked Heath out as the man who came to see Bailey.

To Mr. Wickham. The evening would be the usual time for people in Bailey's station of life to move. He had ordinary furniture.

BERNARD HARTLEY , secretary to T. Brickland, Limited, Gray's Inn Road, jobmasters. My firm let out the brougham which was stolen. When I came into the employment of the firm between five and six years ago Bailey was employed as a washer; he used to drive occasionally. He left three years ago. Since last May I have frequently seen Bailey and Heath together in a public-house near our yard, and elsewhere. I did not see them after August.

To Mr. Purcell. As a rule a good many men hang about the yard looking for work. Bailey and Heath were not a solitary pair; they were usually with two other men.

To Mr. Wickham. We have nothing against Bailey's character except that he did not do his work satisfactorily.

Re-examined. Heath and Bailey were always seen with the same two men.

Inspector ALFRED SCHOLES, Y Division. In the evening of December 24 I saw Heath at Newington Green. I said, "Heath, I want to speak to you." He said, "Yes?" I said, "I am a police inspector, and shall arrest you on suspicion of being concerned with a man named Lee in custody, and other persons not in custody, in stealing on September 5 last a horse and brougham containing a quantity of jewellery, from Wood Green. I shall take you to Wood Green Police Station." He said, "Lee?" I said, "Yes." He said, "All right, I will go with you to the station." I took him to the station and repeated the charge to him. He said, "I did not say 'Lee,' I said 'I would go with you to the police station.' I found £4 10s. in gold and 11s. 6d. in silver on him. Hagan was not at all like Heath—there is no comparison.

To Mr. Purcell. When Hagan was tried Mrs. Buse and Mrs. Bannell, 175, Westbury Avenue, picked out Hagan as the driver of the

brougham, who was dressed in livery, and gave evidence at the trial that they had seen the cab and the brougham together in Boundary Road. Mrs. Bannell was not shown Heath. It has never before been suggested that there were two drivers to the brouhgam; at the previous trial it was never suggested that Hagan drove the brougham from the lavatory. I now suggest that there were two drivers in livery on the brougham. Chesser was shown the row with Lee and Hagan in it. Three or four people were shown the row; two picked out people who were not prisoners. Nobody picked out Hagan as the driver at the lavatory. Mrs. Murray saw Hagan, but said he was not the man she saw in livery at the lavatory. Mr. Watson said he had seen the man in livery at the lavatory, but he could not pick him out.

To Mr. Wickham. Mrs. Bannell saw the row, but was unable to identify Bailey. Besides the witnesses in this case, two other people unsuccessfully saw the row with Bailey in it.

Re-examined. Mrs. Murray and Mr. Chesser only picked out Heath.

Detective-sergeant FRANCIS HALL, Y Division. On December 25 I saw Heath in the cells, and said, "You are going to be put up for identificatin now." He said "All right, I am not charged yet." He was then put in a row in the yard with 13 other men of similar appearance The witnesses were then in a room with the blinds down, and there was no possibility of their seeing him being put into the row. Heath was then picked out by Chesser and Murray. I then called him out of the row and he walked up to me. He said, "Those people all swear I am the man because I am the only one left." I said, "The only persons who will give evidence of identification are those who picked you out when you stood in the row." He said, "Yes, but what about my walk"—he was then walking with a limp. Witnesses did not see him walk before they picked him out.

To Mr. Purcell. Heath is about 5 ft. 10 in. There were no men in that row under 5 ft. 6in. (Witness corroborated the cross-examination of the last witness as to the attempted identifications of Heath.)

THOMAS EDWIN JOSEPH MARKET , licensee, "City of York" public-house, King's Cross Road. Bailey is a customer at my public-house. On December 27 he asked me to take care of a bag containing £31 in gold; I did so. Next day he drew £1 and on the following Friday his wife drew £5. After his arrest I gave the remaining £25 to Inspector Neil.

To Mr. Wickham. Bailey did not tell me he wanted me to take care of the money because he was moving. It is a common thing for publicans to take care of customers' money.

GEORGE HENRY BROWN , 130, York Road, Islington, builder. On December 28, at 10.30 a.m., prisoner arranged to take a room from me and to move in on the following Saturday. At dinner-time he again saw me and asked if he could move in the same night. I went to the landlord of the house at which he was then living and, finding his references were satisfactory, allowed him to come in that night. He paid 4s. 6d. a week for one unfurnished room.

To Mr. Wickham. When he asked me to let him come in that night he said he was in no hurry if it was not convenient.

Detective-sergeant THOMAS POWELL. At 8.15 p.m. on December 31 I saw Bailey in Copenhagen Street, Caledonian Road. I told him I was going to arrest him for being concerned with Lee and Heath in stealing a horse, a brougham, and jewellery to the value of about £3,000 at Wood Green in September last. He said, "I suppose I shall have to go with you. I do not know either Lee or Heath." On the way to the station he said, "I suppose someone has put me away." 1 have had a row with my brother, it might be him." In August and September I have seen Bailey and Lee together. I did not see Bailey from the end of August or the beginning of September until I arrested him; 1 had been looking for him.

To Mr. Wickham. Bailey at the police court denied saying that someone or perhaps his brother had put him away. York Road is a quarter of a mile from Bailey's previous lodgings.

Divisional-Inspector ARTHUR NEIL, Y Division. About 7 p.m. on December 25 I saw Heath at Wood Green Police Station. I told him I was the inspector in charge of this case, and said, "You have been identified by two witnesses, Mrs. Murray and Mr. Chesser, of having been concerned with William Lee, already under sentence, in stealing a horse and brougham containing jewell valued at over £3,000, the property of Lawson Ward and Gamage, He said, "I do not know Lee; I do to know anything about it. The witnesses only picked me out because of my walk." When charged he made no replay. On December 31 I saw Bailey at Caledonian Road Police Station. I told him I was an inspector of police, and he had been brought there on my instructions for being concern with William Lee, in custody and undergoing sentence, and a man named Heath, and he would be detained on suspicion of being concerned with them in stealing on September 5 jewels to the value of over £3,000 from the bottom of Jolly Butchers Hill, Wood Green, and that he would be then taken to Wood Green and put up for identification the next day. He said, "I do not know Heath; I do not know Lee; I have never been to Wood Green." I said, "I propose going to your house to see if you have anything there—you have given your address at 21, Collier Street, but I know you live at King's Cross." Prisoner had previously given the address of 21, Collier Street. He said, "I only stayed there last night with my wife; you will find nothing there. I have been living at Collier Street, my mother's address." I said, "I have reason to believe you have some money." He said, "I have not, and you will find none, I have had to pawn things to live." I went to his room at 130, York Road, and found there furniture apparently newly purchased. His wife was dressed in new clothes. I then went to the "City of York" public-house and received bag containing £25 (produced) from Markey. I returned to Caledonian Road Police Station and said to Bailey, "I have received this bag and £25 in gold from Mr. Markey at the "City of York" public-house. He said you deposited with him £31; £1 was given to you a day or two afterwards and £5 to your wife on Thursday or Friday

last." He said, "It is quite right, I will account for it at the proper time." Next morning he was identified by three witnesses.

To Mr. Wickham. I should say the value of the whole of the furniture would be £30. I asked Bailey to give me the particulars as to the purchase of these articles; he refused, and I have not been able to make any inquiries. I asked Bailey if he could tell me where he had worked. He said he had been at work at a job-master's up to last May; since then he has followed no regular employment. At the time when he denied knowing Lee or Heath, Lee was a convict, and Heath had been arrested.

WILLIAM SPERRING , 69, Lever Street, Castle Road, yard foreman to James Allen and Co., mail contractors. From October, 1906, to September, 1907, Heath drove for my firm. From November, 1910, to May, 1911, Heath drove for my firm.

To Mr. Wickham. Bailey came to us with a good character and he gave us every satisfaction. He left in order to get a motor license.

JAMES BAUSER , manager to Charles Webster, Limited, 6, Whitechapel Road, job-masters. Heath was employed by our firm from September, 1910, to January, 1911, to drive a traveller's brougham. He used to wear a livery and a tall hat. That livery should have been returned to the firm when he left our employment, but I could not say whether he actually did return it.

(Defence of Heath.)

HENRY HEATH (prisoner, on oath). I am a commission agent; I attend racecourses during the summer. When I am in London I live with my mother at 23, Church Path. I know nothing about this crime; I was not the coachman seen by Chesser or Mrs. Murray; I knew Lee and Bailey; I might have been in their company at the public-houses, as the officers state. I denied knowing Lee because I had read of his conviction in the newspapers. I said nothing about Bailey. In July and August I had been away as usual following race meetings, and I won a lot of money betting. On September 5 I think I was at the Newmarket races. I cannot be sure; I keep no diary or anything to refresh my memory. I also went away to racecourses in the middle of September, as my mother says.

Cross-examined. I have known Lee since the Coronation. I was not spending money more freely in September than at any other time. The officers must be mistaken when they say I was spending money freely. I think I went away before Lee was arrested on September 19. I cannot say whether I was drinking with Lee a few days before September 5 as the officer says. I might not have been at Newmarket on September 5—I cannot say what race meeting I was attending at that time. I denied knowing Lee because I thought I should be charged with the crime if it was known that I knew one of the persons engaged in the crime. I did not deny knowing Bailey. In September I went racing with some other men—we shared what we won. I cannot mention the name of any of those men.

(Defence of Bailey.)

JOHN SPEAG , auctioneer to Messrs. Henry Ward and Sons, 407, Edgware Road, horse dealers. On August 8, 1910, my firm sold a pony and harness to "Mr. William Bailey, 384, Liverpool Road." That is entered in our books, but I cannot identify the prisoner Bailey as being the man.

ARTHUR JOHN FINCHAM , manager, Essex Bedding Company, Essex Road. On September 26, 1911, we sold a bolster, two pillows, and a bedstead, value £2 10s. to Bailey, 44, Queens' bury Street, Islington. I cannot identify the prisoner Bailey as being the man.

WILLIAM BAILEY (prisoner, on oath). I have always borne a good character. When I was arrested I gave my address as 21, Collier (Street because I did not want to be shown up before my new landlord. 1 was arrested three days after I moved into 130, York Road. My parents live at 21, Collier Street; I gave that address because I have occasionally stayed there. I have known Heath for 18 months; I have been in Lee's company about four times. I denied knowing either of them because Lee had been convicted of this robbery and Heath had been arrested. I said I knew nothing about the robbery meaning I had taken no part in it; I had read an account of it in the papers. When Sergeant Powell arrested me he said, "You nave got some nice kind friends round you." I made no reply. When we got to the station he repeated that observation. I said, "I have got no kind pals round me. I have had a few words with my brother "; but I said nothing about his putting me away for the robbery. When Inspector Neil showed me the money I said, "Yes, that is my money and I will account for it at the proper time." I have always been careful of my money and have always had from £30 to £40. I once had a grocery business at 129, Cloudesley Road, Islington, and I have been a horse dealer. I left my money with Mr. Markey for safety as I was moving. I have lately been costering the streets and my wife has earned good money nursing. My furniture is worth from £6 to £7. I bought the articles which the witnesses have deposed to. I know nothing about the robbery; the witnesses who have identified me must be mistaken.

Cross-examined. About a fortnight before Christmas I and my wife stayed a few nights at my parents' house. At that time I also had the rooms in Brewery Road. If I had a quarrel with my wife I used to stay at my parents' house for a little time, away from her. I have known Lee about four or five months. The officers say they saw me together five or six times with Lee, but they must be wrong, because I was only with him about four times. After the robbery I did not go away; the officers could have arrested me if they had wished. Sergeant Powell cannot be telling the truth when he says he looked for me but could not find me. I did not hear of Heath's arrest until Sergeant Powell told me when he arrested me. When I was arrested I had not seen Heath since about a fortnight before Christmas, and I did not know anything about him. I did not leave £35 with Markey because Heath was arrested. My brother used to live with me in

Brewery Road; I quarrelled with him and he left; and then I left Brewery Road because I did not want three rooms for me and my wife, and the landlord preferred that we should go rather than take less than three rooms. Another reason was that I did not like those lodgings. I did not move because Heath was arrested. I did not move in a great hurry. Inspector Neil said, "I am going to search your house "; he did not say, "I have reason to believe you have some money." I did not say, "I have had to pawn things to live on." That would not have been true. I do not know where I was on September 5; I may have been costering.

JACK RUSSELL , 11, Victoria Crescent, St. Anne's Road, Tottenham, bus and brake proprietor. I have known prisoner all his life; he was in my employment for some time. I have trusted him with money; his character is that of a thoroughly honest and straightforward man. He is a straight man with regard to drink. He always had £1 or £2 in his pocket. I should not be surprised to hear he had £40.

(Monday, February 5.)

Verdict, Guilty.

Heath confessed to having been convicted on February 9, 1904, at North London Sessions, receiving nine months' hard labour for stealing ties from his employer. Other convictions proved: January 18, 1908, Bow Street Police Court, three months' hard labour for larceny; November 16, 1909, County of London Sessions, nine months' hard labour, for possessing house-breaking instruments by night. Heath was stated to have followed no regular employment since February, 1911, and to have been associating with thieves. Heath and Bailey were stated to have been well acquainted with the habits of Mr. Wedge. Bailey had followed no regular employment since May, 1911, and had been associating with Lee and Heath.

Sentences: Heath, Three years' penal servitude; Bailey, Twenty months' hard labour.


(Thursday, February 1.)

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