Old Bailey Proceedings.
5th March 1877
Reference Number: t18770305

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Old Bailey Proceedings front matter.
5th March 1877
Reference Numberf18770305

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Sessions Paper.








Short-hand Writers to the Court,










On the Queen's Commission of



The City of London,





Held on Monday, March 5th, 1877, and following days,

BEFORE THE RIGHT HON. SIR THOMAS WHITE , KNT., LORD MAYOR of the City of London; The Hon. Sir WILLIAM VENTRIS FIELD, one of the Justices of the High Court of Justice, Queen's Bench Division; THOMAS QUESTED EINNIS, Esq., Sir ROBERT WALTER CARDEN , Knt., JOHN CARTER , Esq., Sir THOMAS GABRIEL , Bart., and Sir THOMAS DAKIN , Aldermen of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; THOMAS SCAMBLER OWDEN, Esq., JAMES FIGGINS , Esq., JOHN WHITTAKER ELLIS, Esq., HENRY EDMUND KNIGHT ., Esq., GEORGE SWAN NOTTAGE , Esq., and JOHN STAPLES , Esq., other of the Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.









A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.


NEW COURT.*—Monday, March 5th, 1877.

Before Mr. Recorder.

5th March 1877
Reference Numbert18770305-264
VerdictGuilty > unknown
SentenceImprisonment; Imprisonment

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264. CHARLES EMANUEL JOHN DE CHASTELAINE (27), and NATHAN WETHERALL (31), were indicted (together with SIR EDWARD CUNNINGHAM , since deceased) for unlawfully obtaining by fake pretences from William Le Hunt Doyle a certain valuable security, with intent to defraud. Other Counts—For conspiracy, and varying the mode of charge.

MESSRS. MONTAGU WILLIAMS and HORACE AVORY conducted the Prosecution; Messrs. Straight and J. P. Grain defended Wetherall, and MR. COOPER WILD, de Chastelaine.

WILLIAM LE HUNT DOYLE . I am at present staying at the Ship Hotel, Halliford—I am possessed of considerable property in the counties of Wex-ford, Tipperary, and Waterford—I came to reside in England in 1871, and have lived here since then—in the year 1875 I made the acquaintance of the late Sir Edward Cunningham—I resided at Clunn's Hotel, I think from April 30th, 1875, I till the end of June—I had to pay a large sum of money on certain bills of exchange for Sir Edward Cunningham—I think I left Clunn's Hotel on 10th October, and returned to it on 8th November—Sir Edward Cunningham was living there at that time; he occupied a bed-room next to mine—I was on very friendly terms with him at that time—in November he introduced me to the two defendants—I don't know the date—he introduced them as wine merchants—after that introduction they were in the habit of coming early in the morning to my room—they came at different hours, generally about 10 o'clock—at that time I was in bed—they would remain an hour, perhaps—while they were there they would drink champagne cup—about six or eight champagne cups used to be ordered up in the morning, and hot pickle sandwiches—they had no other drink that I remember—I drank with them—I paid for it—I do not remember the 24th November—I remember their coming to my bed-room on the morning of a dinner with Mr. Hollingshead—they came at the usual hour, about 10 o'clock—they had sandwiches and champagne cup on that occasion—I don't think I had a luncheon party that day—I remember a suggestion being made by one of the defendants, I can't remember which, Owing to a fire at the sessions House, no sitting was held in the Old Court this Session.

about a dinner at Clunn's—I ordered the dinner in their presence, the best that could be got, and drink unlimited—I don't think there were any other persons dining there besides the defendants—I think Mr. Hoofe dined there, I am not certain—there was a good deal of wine drank at that dinner—before the dinner I think Sir Edward Cunningham suggested turtle soup—no reason was given for that, except that as Mr. Hollingshead dined they wanted the best to be put on the table—before the 25th Wetherall, I believe, asked me to go to Spam to buy horses, not knowing an) thing of the wine trade—that was said in my bed-room one morning when the drink was going on—after the dinner on the 24th I remember going to Evans'—I was drunk when I went there—the defendants went with me—we had more drink there; I cannot give any account of what I drank there—I don't know whether I have since paid the bill for the drink—after I left Evans' I think I went to Clunn's—I am unable to state which of the defendants went with me—I have not the slightest idea how I got to bed or at what hour—I can't tell whether the defendants and Cunningham came to my room next morning, most likely, I suppose so—I suppose we had the usual champagne cup; that took place every morning that they came—this document (produced) in signed 25th November—I signed it in bed. (This purported to be an agreement between the witness and the defendants, by which in consideration of Wetherall's relinquishing to the witness a portion of the wine business recently carried on by him and Cottam, at 10, Burleigh Street, Mr. Doyle was to advance 50l. to be used for the purposes of the said business or otherwise; the four partners to share equally in the profits or losses, and to take on themselves the liabilities of the late firm.) I never saw the contents of that document till now; oh, yes, I beg pardon, I saw it before the Magistrate—in consequence of something I heard I went to my solicitor, Mr. Mitton—before I went to him I knew that I had signed that document entering into a partnership with Wetherall, De Chastelaine, and Cunningham, in the wine business; I don't know the date when I first knew it, it was before I went to my solicitor; I was advised to go to him by a friend, Mr. Flores, on the 25th, the morning after the dinner—I suppose this (produced) is the document I signed; I have not the slightest recollection of signing it. (Read: "December 7th, Clunn's Hotel. Dear Wetherall, I have not as yet received your letter, but Cunningham has explained the contents. All I can say is that I have not instructed my solicitor in any way to interfere in the business I have entered into with you, and I am perfectly satisfied with the manner in which things are conducted.") I had a servant John Elwood, attending upon me at that time—I saw my solicitor from time to time, and on 6th December, I attended with him at counsel's chambers, for the purpose of having a consultation—I was unable to see counsel; I don't remember where I went to afterwards—I don't remember whether I went to the Criterion, or whether I went back to Clunn's after I had been to counsel's chambers—I do not remember what happened next morning—I do not remember Cunningham and De Chastelaine coming to my room that morning; they always came there, I don't remember whether they came first and Wetherall afterwards—I remember a letter being dictated to me, I think by Wetherall or De Chastelaine; I can't remember which—I remember writing a letter; I remember it to a certain extent—I think Sir Edward Cunningham may have dictated it tome; I think De Chastelaine and Wetherall were with, him at the tune—I don't know whether they all came together

that morning, or whether two came first, and the other subsequently, I remember subsequently to that my solicitor sending me away from Clunn's into the country; I don't know the date—I don't remember putting a date to this letter—I don't remember whether I was asked by anybody to put a date to it—before I went out of town I remember going to De Chastelaine's place; that was either in North Street or Bury Street—at one place I played the piano, and at the other place I drank; I don't remember what place it was—there had been conversation from time to time about my going to Spain and buying horses—I don't know when I first became acquainted with the fact that I had signed a partnership in the wine business.

Cross-examined by MR. STRAIGHT. I believe I went to Halliford by train with my servant—I think I have been staying at Halliford since then—I came from Ireland to this country in 1871—in 1873,1 think, I was a partner in a wine business of Hallett, Brandam,& Co., in the neighbourhood of St. James Street—I made the acquaintance of Sir Edward Cunningham, I think, in 1874 or 1875, I was frequently in his company, he dining with me and going to the play, and going out of an evening, and so on—I did not know at that time that he had been a bankrupt, I mean not at the time I first met him; I did afterwards—he was a baronet in his own right—I did know that he had been for many years in the habit, when in town, of residing at Clunn's Hotel; I frequently saw him there during 1875—I did not know that he had used the house before 1875—I think I was first introduced to De Chastelaine and afterwards to Wetherall, at different times; I believe so, I can't tell—I don't know how long before 25th November I Had made the acquaintance of Wetherall—I can't swear that I had seen him more than four times prior to the signing of this document—I was not in the habit of sending for Cunningham to come into my room in the morning, I will swear that; I may have done so once, but I don't remember; I have not done so frequently; I won't swear that I have never done so—it is a fact' that I always had half a bottle of brandy placed in my room at night for my consumption; not half a bottle, two glasses, a caraft which was filled at night and always empty in the morning, that was just to pull me together—I sometimes got up at 2 o'clock, sometimes earlier, about 10 o'clock, my usual Hour was about 1 o'clock, I think—I had visitors coming to see me almost everyday, sometimes seven, eight, or ten—I always asked them to have a liquor—I believe I have on many occasions, at lunch, told the waiters to get what they liked to drink—Mr. Hoofe frequently came to see me, and other gentlemen they came into my bed-room and would sit and chat with me during the morning—I remember going to Burleigh Street, Strand; I don't remember how long that was before 25th November; I can't give you any idea—I don't know whether Cunningham was with me, or De Chastelaine, they came in afterwards, I think—I don't know when this document, dated 25th November, was signed; it was signed some time in the day, I can't tell the hour—I don't think Mr. Hoofe was at the dinner on the 24th; Mr. Holling-shead was, and Wetherall, De Chastelaine, and Cunningham—I don't remember that I invited Wetherall myself, I don't know; I don't think he asked if it was dress; I think it was Cunningham who asked him, in my presence, to come and dine—I don't know on what day it was that I went to see Mr. Mitt n—I don't know whether I saw Wetherall more than once after that, I don't remember how many times I saw him after the 25th, or whether I saw him—at all—I may have seen him five times, but I don't remember it: Re-examined. I advanced 2,000l. to Hallett& Co.; besides advancing

that I had nothing to do with managing the business or knowing anything about it.

JOHN ELWOOD . I am servant to Mr. Doyle and have been so since May, 1876—I came with him to Clunn's Hotel about 8th November, and remained there till 7th December—during the time I have been in his service he was almost always drinking, with the exception of a week or two when we were away—he had suffered from delirium tremens three times since I have been with him—he always had half a pint of brandy put by his bedside at night—I first saw Sir Edward Cunningham about the beginning of November; he was then staying at the hotel, he occupied the room next to Mr. Doyle, he was constantly in Mr. Doyle's society, he came every morning to his bed-room and had a brandy and soda—the two defendants were introduced to Mr. Doyle about 10th or 12th November—I did not see the introduction, but I saw them at the hotel in Mr. Doyle's room—Mr. De Chastelaine used to come almost every day—Mr. Wetherall did not come so often—Mr. De C Chastelaine used to come about 10 or 11 o'clock in the morning—Sir Edward Cunningham used to come the first thing every morning while Mr. Doyle was in bed, and he always used to have brandy and soda or whiskey and milk, and champagne cups afterwards—they had five or six quart champagne cups as a rule—Mr. Doyle joined with them in drinking—I never heard anything about the wine business—I heard Sir Edward Cunningham say that Mr. Doyle was going to Spain with him to buy horses—he said that to Mr. Doyle in my presence, and he said it was a very good thing for him, because he was delicate, and it was a nice warm climate—on 24th November I remember the defendants being in the bed-room in the early morning as usual—they had brandies and sodas and five or six champagne cups as usual—I heard that there was to be a dinner—Sir Edward Cunningham, Mr. De Chastelaine, and Mr. Doyle spoke about it—I heard them say that they must have a very good dinner, because it was important, and I also heard Mr. Doyle say that it made a difference of 700l. to him having a good dinner; he did not say why—the three defendants and two other gentlemen were there to luncheon that day, they had some champagne and burgundy at lunch—I remember the dinner that evening—I think there was only one other guest besides the defendants—I waited at dinner—I think they had several bottles of champagne go up—I saw Mr. Doyle before he left the hotel after dinner; he was drunk—I saw them go into Evans', Sir Edward Cunningham, Mr. Doyle, and Mr. De Chastelaine; that was all, I think, who went—Mr. Wetherall did not go with them into Evans'—I saw them when they left 'Evans', at 12.30—Sir Edward came in with Mr. Doyle, he had hold of Mr. Doyle's arm, and Mr. De Chastelaine came in just after them—they had some more drink and sat up till between 3 and I o'clock—I then took Mr. Doyle to bed—I always followed him to bed; "he was very drink, more so than usual—I did not undress him, he would not let me—I took hold of his coat and shoved him on to the bed, and took hold of his legs and threw him backwards into the bed—he dosed off for a little time, he woke up about an hour after and wanted a brandy and soda—I would not give him one at first and he said "Let us have a split old man," and I let him have a split—I then undressed him and put him into bed—next morning Sir Edward Cunningham came into the bed-room early, between 8 and 9 o'clock; he said he was awfully thirsty and wanted a brandy and soda, and I gave him one—all this drink was put down to Mr. Doyle's account—Sir Edward

gat on the bed—Mr. De Chastelaine came in about 10 o'clock, and Mr. Wetherall came afterwards, about 10.30, or from that to 11 o'clock—they had, I should say, five or six champagne cups that morning, besides several brandies and sodas—Mr. Doyle had not got over the night's effect at 10 o'clock that morning, he was drunk all the night and all the morning—he had not at all recovered at 10 o'clock—he had had several liquors to make him a bit right—I was with him till 6 o'clock in the morning—while I was in the room I saw Mr. Wetherall take some paper out of his pocket, something about the size of this (produced)—Mr. Doyle told me to fetch pen and ink—I did not do so because he was so drunk; I did not want him to write anything like that, it was not right—pen and ink was taken up by the bed-room waiter, I followed him up—when I got into the room Mr. Wetherall was sitting at a small table writing at the side of the bed; Sir Edward Cunningham was sitting on the bed, Mr. De Chastelaine was in a chair, and Mr. Doyle was in bed—Sir Edward Cunningham said something to Mr. Doyle in French, and he told me to go downstairs and fetch him some champagne cup and some sandwiches, and I was to wait till they were ready—I went down and returned in about a quarter of an hour or twenty minutes; they were waiting for the champagne cup, there was nothing taking place when I went up—I did not see anything of the paper that I had previously seen—that was all I noticed on that day—on 2nd December I was sent by Mr. Doyle to his solicitor, Mr. Mitton, and Mr. Mitton came back with me—after that, on the 6th, I went with them to a consultation with counsel, in the Temple—Mr. Doyle left me at Clunn's—he ordered a cab to the Criterion, he got back to Clunn's between 10 and 11 o'clock that night, he was drunk—I put him to bed—on the morning of the 7th I saw Sir Edward Cunningham in the bed-room first, then Mr. De Chastelaine, Mr. Wetherall came afterwards—before Mr. Wetherall came Sir Edward asked Mr. Doyle if he had had a letter that morning from Mr. Wetherall; he said he had not, and I went downstairs to see if the letter was at the bar—they said it did not matter whether he had the letter or not, Sir Edward said he could tell him what the contents of it were—this was in the presence of De Chastelaine; they ordered pen, ink, and paper, I took it up, and Mr. Doyle wrote a letter to Mr. Wetherall when he was in bed—I saw the letter—I did not read it—Sir Edward told him what to put in the letter, and he said that would do, what he put in—they then had two or three champagne cups and several brandies and sodas—then Mr. Wetherall came in and De Chastelaine took the letter out of his pocket and gave it to Wetherall, and he opened it and read it—after he had read it he said "You have not put the date to it, we must have the date," so he then put the date at the table—Mr. Doyle was then out of bed, Mr. Wetherall gave him the pen and he put the date—on that day, the 7th, Mr. Flores went with my master to Halliford—I waited at the hotel to see if the letters came, and afterwards I went to Halliford and found Mr. Doyle at the Ship Hotel there, and he has been staying there since.

Cross-examined by Mb. Straight. At the time that letter, on the 7th, was written, Mr. Mitton had been in communication with Mr. Doyle—I never saw Sir Edward Cunningham till the beginning of List November—he used to drink very hard.

By THE COURT. Mr. Wetherall told Mr. Doyle he had not put the date to the letter—he told him it was the 7th.

SAMUEL STEELS . I am chamberlain at Clunn's Hotel—it is my duty to

see after the bed-rooms—I produced Mr. Clunn's books before the Magistrate—I have not got them now; Mr. Clunn has them—he is here.

Cross-examined by MR. STRAIGHT. I was there during the whole time Mr. Doyle was there—he was largely visited by numerous friends, and they all had drinks—a great many champagne cups, glasses of sherry, and v.c. brandy; that means very good—Mr. Doyle gave luncheon parties—I have on more than one occasion been desired by Mr. Doyle, in the early morning, to go to Sir Edward Cunningham's bed-room and to invite him to come in and have a brandy and soda with him—I have done so, I might say, on twenty occasions.

Re-examined. I have not supplied any bill to Mr. Doyle—it would not be my duty to make out the bill, it would be done by Mr. Clunn, he makes out the bills—this (produced) is the coffee-house book—that contains entries of the business that is done upstairs and down—I have nothing to do with keeping this book—the entries are made by Joseph Tyler and John Clifford.

JOSEPH TYLER . I am a waiter at Clunn's Hotel—I sometimes make entries in this coffee-room book—it contains entries of liquor supplied to the bed-rooms—the entries of 24th November are in my writing—it contains entries of liquor supplied to Mr. Doyle; they are taken from the score that is put down on a board in the bar by the persons who serve in the bar—I served a certain quantity myself, but what was served up-stairs I don't know—I serve at the dinner and luncheon but not in the bed-room—I did not exactly serve the wine at the luncheon, but I was there at the time—what was served during the dinner I served myself—I served at the dinner about five bottles of champagne for dinner, a bottle of punch, a bottle of chablis,? and a bottle of hock—I cannot speak about the luncheon—Steele would serve the drink in the bed-rooms; that would be entered by the barmaid, or whoever serves in the bar, on the score-board.

Cross-examined. I was at Clunn's the whole time Mr. Doyle was there—a great many gentlemen came to see him during the day, and as a role, I believe, he always asked them to take a liquor—I have been asked by him to, take a liquor on more than one occasion—I was in the room during the lunch on the 24th; there were six persons there—Mr. Hoofe was there, the two defendants, Sir Edward Cunningham, and Mr. Doyle—at the dinner in the evening there were five persons—I was there during the whole evening—I believe Mr. Wetherall was not at the lunch—I saw Mr. Wetherall go after the dinner, some time before the others—I saw Mr. Doyle go down stairs; I don't know where he went to—Evans' is not very far off; I did not see them go in there.

Re-examined. I did not see Mr. De Chastelaine and Mr. Doyle come back that night, but they were in the coffee-room at 12.30.

SAMUEL STEELE (re-examined). I supplied the liquor in the bed-rooms—I did not keep any record of the drink I supplied—I get it from the bar and take it up to the bed-room—the score is kept on the score-board by the barmaid—I know I served a great deal of drink on the 24th; I might say six or seven champagne cups—I am not able to remember the 24th or 25th particularly—it was generally the rule to have a lot of drink upstairs—there were brandies and sodas as well as champagne cups—they had brandy in decanters sometimes; they sometimes wanted replenishing.

Cross-examined by MR. ST. EUIGHT. I have seen a great many other

persons besides Mr. Wetherall up in Mr. Doyle's bed-room—Mr. Doyle's hour of getting up was about 1 o'clock, but he would ring the bell very often about 7.30 or 8 o'clock and want some brandy and soda because he was a-thirst, and I have taken it up—it was oh those occasions he sent for Sir Edward Cunningham; and while the other gentlemen were in the bed-room he would say "Go—and tell Sir Edward and Mr. Hoofe to come down and have a liquor with me, and get a liquor yourself, Samuel, my son"—I could not tell how many were in the bed-room on the 24th; they would be calling every hour in the day.

Re-examined. On the 24th Mr. De Chastelaine, Sir Edward Cunningham, Mr. Wetherall, and the servant were in the bed-room—I did not see any business transacted while I was there—I don't think there was any one else there on the 24th—I could not answer as to the 25th, because they were coming in droves, and we never took any notice of them, we got so bewildered we saw so many callers.

WELBURY JAMES MITTON . I am a solicitor, of 2, Gray's Inn Square—I have acted as solicitor for Mr. Doyle since 1871—I am the solicitor conducting this prosecution—on 2nd December Mr. Doyle's servant came to me—in consequence of what he said to me I went and saw Mr. Doyle at Clunn's hotel—I had some conversation with him, in consequence of which, on the following Monday, the 4th, I wrote this letter to Mr. Wetherall. Read: "Dear Sir,—My client, Mr. Doyle, informs me that he has placed his signature to a document in your possession, of the purport of which he appears to be in perfect ignorance. Will you furnish me with copy, in order that I my approve it on Mr. Doyle's behalf?") I received no reply to that—I wrote again stating that as Mr. Doyle was not in a state to sign any such document I must insist on its being given up or I should take the most summary measures to bring him and others to justice—I then received this answer. (This was dated 6th December, 1876, from Wetherall, and stated that he had positive evidence of Mr. Doyle's approval of what he had done, and (that on receiving a note from him he would place the document in question before him, for inspection.) I received that letter on the morning of the 8th on the morning of the 6th I got this paper with a billhead from Mr. Flora, he sent it to me and said he had found it in the hotel—I only know Wetherall's handwriting by the letters I received; this is in the same hand-writing as the letters. (Head; "5th December, 1876. Wetherall, Doyle, &Co., wine merchants, &c, 10, Burleigh Street, Strand, We have received the enclosed letter from Mr. Doyle's solicitor. What is the meaning of it? It seems to me very sharp. Please show it to Doyle and ask him to see me on the matter").' On the morning of the 6th I went to 10, Burleigh Street, strand—I found there a sort of vault, or cellar, and two small offices—the name of Cottam, Wetherall, & Co. was on the door post—on first entering there was a small office, there was a large desk in the centre of the room, I id not notice anything else; there was very little furniture indeed—you passed through a green baize door into another office; there were three desks there, a sofa, and a few chairs, cigar boxes, and a bottle or two of wine—here were some bottles of brandy on the table, and I think a bottle of sherry—I did not notice any claret—I saw no clerks there—I saw De Chastelaine, he came out of the inner office—I told him that I wanted to look at the agreement that I understood Mr. Doyle had signed—he said he was not able to let me have it, it was in the possession of Mr. Wetherall, and Mr. Wetherall was out—I told him that if any use was made of any document

that had been signed by Mr. Doyle it would be made a very serious matter of, and I cautioned him against allowing any use whatever to be made of anything that Mr. Doyle had anything to do with, that Mr. Doyle was a man that I considered incapable of entering into any engagement whatever—he expressed his surprise, he said he was not aware that was the case, and a copy of the agreement should be sent to me by that day's post, I was to have it that afternoon, it did not come, and on the morning of the 8th I called again at Burleigh Street about 10.40—I found nobody in the offices, they were locked up—I saw that the name on the door had been changed to Wetherall, Doyle,& Co.—I went there again about 4 o'clock that afternoon—I then found Mr. De Chastelaine there; there was nobody else there then—I had a long conversation with him, it was merely a reiteration of what I had said before, that Mr. Doyle was a man incapable of entering into an agreement and I must insist upon having the document and have it destroyed at once—I asked Mr. De Chastelaine whether Mr. Doyle's credit had been in any way pledged in connection with the business—he said "Yes," they had entered into certain arrangements which would make it very difficult, and so on—I told him it was a very serious matter, that I was in full possession of all the facts in connection with their having got his signature to the agreement, and I urged upon him considerably that he should hand over to me the document at once in order to prevent any further unpleasantness—he said that it was simply impossible to do so, that Mr. Wetherall would be there that afternoon and he would talk to him on the subject—I said I must have it before I left, so I took a seat and remained till Mr. Wetherall came, which was about 5.30—I reiterated to him what I had said to De Chastelaine and said that I must see the agreement at once—he said he wound fetch for me from his solicitor, Mr. Shires—he went out, came back, and said that Mr. Shires was out—I said I would wait till he returned—I waited, and after a time Mr. Wetherall went out again and returned and handed me the agreement; I took a copy of it; this is the agreement; I think it was stamped at that time—I told Mr. Wetherall it was a matter in which it would be impossible for me to allow any time to elapse, that the thing must be destroyed at once, and I must also have a guarantee that Mr. Doyle's credit had not been in any way pledged, because I did not consider that he was a person fit to enter into an agreement—on that morning, finding that the offices were locked up and that the cellar was open, I went down into the cellar and took the opportunity of making an investigation—I found a small boy there, between eight and twelve years of age—I saw three casks, I don't know whether they were full or not, a number of dozen bottles of racked wine, they looked like claret bottles, perhaps forty dozen—the bottles looked clean, they did not look like old port, or anything of that sort I have on many occasions written for Mr. Doyle's bill at Clunn's, I have not been able to get it—I saw Mr. Doyle before the 24th or 25th November—his state duaing the last two or three years has never been very satisfactory, it is very difficult to get him when he is not more or less under the influence of intoxication.

Cross-examined by MR. STRAIGHT. I should certainly say there was not 120 dozen sherry in the cellar, the bins were not racked very high—I am not prepared to say they were not double racked—the first communication that was made to me in reference to this document was on 2nd December, that was not by the servant coming to me—I had not seen Mr. Flores prior to that—I saw him at Clunn's Hotel, on 2nd December—I received a letter

from Mr. Wetherall, after my visit there—at that interview Mr. Wetherall said "Well, but is your client insane"—I don't think I said "I am not I prepared to say that"—what I more likely said was "I am not prepared to I jay that, but I don't think he is of a condition to sign a document"—this is I the letter, it' is dated the 8th. (Read: "I have called to-day at Clunn's to see Mr. Doyle, but I hear he left yesterday in company of a person named Flores, and has not since returned, can you oblige me by letting me I know who Flores is, and the present address of Mr. Doyle.") I did not give him the address, or answer the letter at all—Mr. Doyle has not been put I under restraint—Mr. Wetherall said at the interview that if he was advised by his solicitor to tear up the document he would do so.

Re-examined. I asked him to tear it up there and then—he said "No, I will be advised by my solicitor, that Mr. De Chastelaine and Sir Edward Cunningham said they had entered into arrangements, and the money must I be paid"—Mr. Doyle left London, on the evening of the 7th for Halliford—I did not communicate to anybody where he was.

CHARLES GROSJEAN RENE L'ENFANT . I am a clerk in the Court of Bankruptcy—I produce the bankruptcy proceedings in the case of J. J. E. C. De Chastelaine, the adjudication is dated 29th June, 1868—the liabilities are 1,532l. 16s. 6d. and the assets nil—he has never taken up his discharge—he is described as formerly of 32, Great Portland Street, iron monger, &c—I also produce the bankruptcy proceedings against Sir Edward Cunningham, dated 28th May, 1874—no accounts were filed, and no discharge, it was adjourned sine die, on 16th February, 1875.

EDWARD LEWIS HILL . I am a clerk in the Bill of Sale Office, Queen's Bench division—I produce registered copies of the bills of sale against De Chatelaine—the first is a bill of sale of 23rd October, 1873, for 1501 to Richard Watts, not satisfied, the 2nd is dated 9th March, 1875, for 48l. to Dyson—then there are two others by Sir Edward Cunningham, one dated 3rd July, 1874, to E. C. Deny, for 80l., and one dated 21st November, 1874, for 851. to G. W. Small—those are not satisfied.

HENRY CLINTON COOPER . I am an auctioneer, of 10, St. Martin's Lane—I have known De Chastelaine, a very short time—I first knew him about a fortnight or three weeks previous to 1st November—he came to me for an advance of money—I introduced him to a Mr. Warren, and he executed this bill of sale for 24l., on 1st November, 1876, on some furniture in York Street—I subsequently removed the furniture and sold it by auction at the latter end of December—he is there described as a theatrical agent.

Cross-examined by De Chastelaine. You had other transactions with me; they were satisfactory—you have borrowed money of me on frequent occasions which you repaid me—I had known you by reputation in the theatrical world for sometime before I saw you.

JAMES HOMAN . I am a carver and gilder, of 40, Queen Victoria Street—I have known De Chastelaine, for sometime—he was indebted to me 25l. 15s. for goods supplied and delivered in October 26th, 1876—I applied to him several times for payment—he called on me on 1st December, in a bounceable manner and said "Since I last saw you my circumstances have extremely improved, I have been made a partner in a firm of wine merchants through introducing a wealthy gentleman with capital of the name of Doyle, who has a private income of about 3,000l. a year, which of course a partner will be at De Chastelaine's disposal, and he can suck every penny of it if he chooses"—he requested me to draw two bills upon him for

the amount of my debt, payable at the end of January, 1877, at 10, Burleigh Street, which was the place of the wine business—I asked how it was that it came about so suddenly—he said "Oh, I have been at work at it for a long time, but have only just brought it off"—I went to Burleigh Street, and on the following day, I declined to accept the bills unless he would make them payable by the new firm—he declined that as he said only a preliminary agreement was drawn up, the deed itself was not yet signed—the claim is still unsettled.

HENRY JOHN GIRDLESTONE . I live at 152, Belsize Road, St. John's Wood—in June last I let my house furnished to Wetherall—he continued to reside there until the end of November—I did not know that he was going to leave—he was indebted to me about 37l. odd when he left—I have sued him for that amount—I have received part of it, not all—I had not been paid at the time I was examined at the police-court, I have received it since he was committed for trial; 12l. odd is still due to me—what I did receive I received in one sum, it was about 25th January—it was paid to my solicitor, not to me.

Cross-examined by MR. STRAIGHT. I let the house through an agent—he took it for six months and to continue on if he wished—I do not think it was for two months first—I brought an action for 37l., the Court ordered him to pay 25l.

DR. THORN. I am a licentiate of College of Physicians and a M.R C.S.—I have known Mr. Doyle for some little time, he has been a patient of mine from last April—he was suffering from the effects of drink—I have not attended him exactly in any attack of delirium tremens, but for something rather worse; his usual condition was one of intoxication; what I attended him for was a severe attack of alcoholic poisoning, with a comatose condition; that was in April—I only attended him once for that; he was ill for some considerable time.

Cross-examined by MR. STRAIGHT. I have seen him sober—I have not seen him to-day—he is a man of very fine constitution naturally, he has injured himself—I saw him daily when he was under my charge, he was then living in lodgings in Eardley Crescent, West Brompton—I restricted his drink at that time entirely, I allowed him nothing at all alcoholic.

By the Court. I saw him in November last—he was not then in that grave condition in which I had seen him on previous occasions, but he was drinking pretty hard then—his mind was affected exactly in proportion as he got liquor into him—he is generally very stupid when he has got liquor in him.

Cross-examined by Be Chastelaine. I have seen him sufficiently drunk to be excessively stupid and yet able to walk about pretty freely, so as not to attract attention; until he was engaged in conversation you would hardly know whether he was drunk or sober—I dare say a man might discover it if he questioned him—I have seen him able to go about in Hansom cabs and walk across the street when he was so stupid that if you asked him fifty questions he would give you the same answer, quite irrespective of what was asked him.

LOUIS FREDERICK COTTAM . I live at Howard House, Howden Road, St. John's Wood—I first became acquainted with Mr. Wetherall about a year and a half ago—I subsequently lodged at his house, 152, Belsize Road for about six months—in March, 1876, I entered into partnership with him—there were no articles of partnership signed between us—I brought about

260l. into the business, in two payments of 250l. and 10l.—subsequently, November, I arranged to dissolve the partnership, I think about the 27th, I am not sure—I had not received any of my money back before that, only what I had drawn, which was about 140l.—I did not keep the books, I have made entries in the books, of course, but I never kept them, Mr. Wetherall kept them—we had do partnership banking account; the money was all paid in to Mr. Wetherall's private account—a boy was kept to look after the premises, we had no cellarman, we occasionally employed one—the boy was about thirteen or fourteen; we paid 'him 5s. a week—he Was the only servant we had in the wine business—I have not received the balance of my 260l.; Mr. Wetherall was to pay me in three instalments, at one, two, and three months after the date of the dissolution—I received three 10 U's for 35l., 5l., and 40l., and a bill for 40l.; the 5l.1 0 U was taken up almost immediately after, and I have received about 25l. off one of the other 10 U's at different times, one was a sum of 13l. and one of 7l.—I applied for them—I do not think Wetherall told me anything about a new partner until I had dissolved partnership with him, but I can't say for certain; my impression is that it was about a fortnight after—we talked about dissolving partnership for about a week or ten days before it took place—the books were never made up and I Can't tell whether I received any of the profits, except the 140l. I drew; I treated that as part of the capital—there were books kept, a ledger and cash-book—I have not had notice to produce them—I believe Wetherall told me that he had made an arrangement to join Mr. Doyle, and that Mr. Doyle objected to the agreement that had been drawn up; to the arrangements that had been made—he said nothing further—the business was carried on at 10, Burleigh Street—this book is in my hand-writing—Mr. Wetherall would make entries in it—it is a cash-book, a day book—I did not keep the books—there was no cellar-book, there was an order-book—my reason for leaving the business was entirely of a personal nature, a disagreement between ourselves privately—it was not a subject of money—Wetherall put in about 15l. into the business—I don't know what he drew out.

Cross-examined by MR. STRAIGHT. I made Mr. Wetherall's acquaintance about November, 1875, I met him casually, and afterwards became on intimate terms—the reason for my quitting the partnership was with reference to some private and domestic matter, and there was a quarrel between us on that point—during the time we were in partnership we dealt in the purchase of wines with Montis, Smith,& Co., of Mark Lane; they are a wellknown firm—I think we purchased wine of them to the extent of over 200l.—we also purchased wine of Oak, Simson,& Co., well-known wine merchants, to tie extent of over 100l.—we purchased wine of Boursot & Co., of 9, Hart Street, wine merchants, to the extent of 230l.; also of Messrs. Southend & Co. of St. Dunstan's Hill, to the extent of about 50l., and cigars of Archer—I remember Mr. Wetherall going to Spain—while he was there I received from him value to the extent of 300l. in shares of the Union Steam Navigation Company; 150l. of that came to my hands; that was not part of the 260l. that I drew out—the remainder of the 150l. was paid to somebody else to whom money was owed—75l., I believe, was used for the business—I left the 150l. in Mr. Mattie's hands; I had no portion of that—at the time of making Wetherall's acquaintance I learnt from him that he had something like 1,000l. due to him in Spain—Mr. Anderson, of Shepherd's Bush, was a customer; also Mr. Burgess, of Newland House, Carlisle Square; Mr. Beattie,

of Bessborough Gardens; Dr. Buzzard, of Grosvenor Street; Mr. Beall of Catford Bridge; Mr. Greatbach, Captain Jarman, Mr. St. John, Mr. Deacon, of Wimpole Street; Mr. McNorman of Grosvenor Street; those were all persons who dealt with us—I had been in the wine trade prior to this—Weatherall had not been in the wine trade before, so I do not suppose he was experienced in it, I should think he knew quite as much I did—I believe he had been a general merchant, and I daresay he had dealt in wine, indeed I am sure he did—I should think he was a man of good business habits—he and I took stock before the dissolution—I should think there was very nearly 100 dozen of sherry on the premises, including what was in cask, and sixty-three dozen of clarets of various kinds—there were three sorts of sherry—I should think the whole stock would be worth about 200l.—if orders were given for what we had not in stock we should go to wholesale wine merchants and get it; we combined a sort of commission business—there was certainly a business going on from March to November—this is the ledger—I believe it is properly entered up; it is Wetherall's writing, I don't understand books or accounts—the rent of the office was 80l.—there were some small repairs done to the office while we were there—I first saw De Chastelaine when I went into business with Wetherall, but not on Wetherall's introduction.

Cross-examined by De Chastelaine. You introduced some customers and their accounts have been paid.

He-Examined. Some of the names that have been mentioned as customers were friends of mine, not most of them—I have not yet received my share of the 200l. stock—I was to be paid out—I did not claim any share of the stock, I did not know the amount of the liabilities, I should say they were about equal to the stock when I left.

ROBERT WOODHAMS . I am manager of the St. John's Wood branch of the London and South Western Bank—Wetherall opened an account with us in 1873; the account is still open, it is overdrawn about 5l.—about 1873 it was overdrawn—in October, 1876, about 50l. was paid in, and I took a promissory note for 50l., the balance of the overdraft; that note was not met it is still due, and the 5l. is overdrawn.

Cross-examined by MR. STRAIGHT. I had known Wetherall about three and a half years—as far as I knew of him I believe he was honest and respectable—he has had a balance in our bank of more than 800l.—I do not know anything of his connections or associations—I have received a draft against the promissory note and the overdraft which I believe will be paid at maturity.

ARTHUR COTTER . I am an accountant of 14, George Street, Mansion House—in 1873 I was appointed trustee under a liquidation by arrangement of Horatio N. Wetherall. (file file of proceedings was produced by Mr. L'Enfant.)

Cross-examined by MR. STRAIGHT. At that time Mr. Wetherall was trading with Mr. Louis Quinton and another brother of Wetherall's—I do not know whether that is the brother who is Vice-consul at the Grand Canaries; he has a brother there who is Vice-consul—there was nothing discreditable about that liquidation; the creditors unanimously granted him and his Partners their discharge—I entrusted his brother with a power of attorney to collect money to the extent of about 30,000l. in respect of the liquidation—altogether 30,000l. has been collected for the estate by me, and a great portion of that has been paid to me by Wetherall and his partner who purchased a

great part of the estate—he always bore the character of a respectable, honest man—the business was a large business with the Canary Islands—I received 15,000 a short time ago in respect of transactions with Spain—Mr. and his partners purchased the whole of the estate in the Canary Islands; they purchased it of me as the representative of the creditors—it might realise 20,000l. or 30,000l. for what I know; I don't know what it did realise—I don't know how they paid for it—some portion of the money, I believe, was advanced by their friends.

MR. STRAIGHT called the attention of the Court to the various counts of the indictment, and submitted that as to most of them they were not supported by the evidence. THE RECORDER. "The question for the Jury will be whether the defendants taking advantage of the drunken state in which the prosecutor was induced him to sign this document, they at the time being perfectly aware that he did not know what the nature of his liability was in so signing it."

De Chastdaine, in his defence stated that being introduced to the prosecutor by Sir Edward Cunningham, and learning that he was anxious to enter into me business, the arrangement with Wetherall was made in good faith, and that he had no reason to doubt, that the prosecutor perfectly understood the nature of the arrangement.


DE CHASTELAINE— Twelve Months' Imprisonment . WETHERALL— Three Months' Imprisonment.

THIRD COURT—Monday, March 5th, 1877.

Before Mr. Common Serjeant.

5th March 1877
Reference Numbert18770305-265
VerdictNot Guilty > unknown

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265. RICHARD LONG (32) , Unlawfully uttering counterfeit coin.

MESSRS. LLOYD and COOK conducted the Prosecution.

FRANCIS SEYMOUR . I am in the employment of Mr. Fuller, a tea dealer of 82, Worship Street—on 21st February, between 1 and 2 o'clock, I served the prisoner with 1/4 lb. of 2s. tea, he gave me a florin—I said "This is a bad one, you have been here before and I must put a stop to it"—he said "I am very sorry"—I gave the coin to my master—I had seen the prisoner three weeks before when Mason served him with 1/4lb. of 2s. tea, and he paid with a bad florin—there was no other florin in the till, and I sent the boy Mason with it to Bishopsgate Street, to get two or three articles.

Cross-examined by the Prisoner. I took the florin to the top of the stairs when I called my master; I did not say that I would make you suffer for the bad money I had received; from the time the lad served you to the time he went out I had served nobody else, though there was an interval of an hour.

THOMAS MASON . I am in Mr. Fuller's employ—I came in on 21st February, and saw the prisoner in the shop—I recognised him as having been there three weeks before when I served him with 1/4 lb. of 2s. tea, and he gave me a florin which I put into the till where there was only small money, and no other florins—I took it out about an hour afterwards—no one had been to the till in the interval—I took it to Norton Folgate and offered it in payment to George Horner, it was returned, and I gave it to my master.

Cross-examined. I served somebody after you, but I took no other florin, Homer did not put the florin in the till, he put it in the tester.

GEORGE HORNER . I am employed at Mr. Tippin's—Mason brought a bad florin there, on, I think, the 23rd January, but I am not certain—I returned it to him, it had not been out of my possession.

WILLIAM FULLER . I am a tea dealer, of 82, Worship Street—on 21st February, Seymour gave me a bad florin—I asked the prisoner who was in the shop if he had got any more about him of the same description—he said that he did not know that he had, but he had a half-crown and Id, and that begot the half-crown at the Red Lion Inn, Holborn—my man said that he had been there before and passed a bad florin—he said "If I have I am very sorry, I did not know it was bad, I cannot remember"—Mason had given me a bad florin about three weeks previously—I gave both florins to the constable.

Cross-examined. I did not say that I would make you suffer for it, whether it was you or not.

WILLIAM SMITH (Policeman G 45). On 21st February, I was called to Mr. Fuller's, and the prisoner was given into my charge—I asked him if he had got any more money on him—he said "Yes," and I found a half-crown and Id. on him—he said that he got the florin at the Red Lion public-house, Holborn—he told me that he lived at 57, Castle Street, Leicester Square—I produce the florin.

WILLIAM WERSTER . These two coins are bad.

Prisoners Defence. On the first occasion I never gave a florin at all; I paid with a shilling; I perfectly remember the occasion because I had just taken some work home. I did not know that the second florin was bad, or I would not have offered it.


5th March 1877
Reference Numbert18770305-266
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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266. JOHN HEWETT (23) , Feloniously uttering counterfeit coin.

MESSRS. LLOYD and Cook conducted the Prosecution.

EMILY COTTRELL . My husband keeps the Ben Johnson, in Shoe Lane—on the night of 26th January, about 11 o'clock, I served the prisoner with 2d. worth of rum—he gave me a florin—I told him it was bad—he said that he did not know it, and wanted to bite it, but I said "No," and called my husband, who gave him in custody.

MATTHEW HENRY INGLE . I am a newspaper agent at Pimlico—on 13th January I sold the prisoner half an ounce of tobacce—he gave me a florin—I put it in the till—there was 1l. there all but 6d., but no other florin—not a minute afterwards I went to the till again to get change for a sovereign and found that the florin was bad—I threw it to the back of the counter, and afterwards broke it with a pair of gas pliers—next morning I threw it into the fire, and it melted—on 7th February I saw the prisoner at Guild-hall, and after he had spoken I swore to him by his voice and general appearance, and I do so now.

JAMES BATCHELOR (Police Sergeant). On the evening of 26th January I was called to the Ben Johnson, and the prisoner was given into my custody with this shilling—he said that he did not know that the florin was bad or he should not have taken it into a house he was in the habit of using—the landlord said that he was not in the habit of coming there, he was a perfect stranger—I asked him where he got it; he said at the Angel, Islington, in change for a half-crown for some whiskey the night previous—I took him to the station and found on him a half-crown, a shilling, a sixpence, and four pence.

WILLIAM WEBSTER . This florin is bad—the fact of the other coin melting in an open fire satisfies me that it was bad.

The Prisoner 'produced a written defence, stating that he received the second florin in change at the Angel at Islington; and that, as to the first, any coin would melt in a fire.

GUILTY He was further charged with a previous conviction of a like offence.

JAMES BOLTON . I was present here on 3rd May, 1875, when the prisoner was convicted and sentenced toeighteen months' imprisonment for uttering counterfeit coin.

JOHN MACINTYRE . I am a warder of Coldbath Fields—I was present here when the prisoner was charged and sentenced to eighteen months' imprisonment—I proved five previous convictions against him.

GUILTY**— Seven Years' Penal Servitude.

5th March 1877
Reference Numbert18770305-267
VerdictGuilty > unknown
SentenceImprisonment; Imprisonment

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267. HENRY WADHAM (28), and HENRY BROTZELL (23) , Unlawfully uttering counterfeit coin.

MESSES. LLOYD and COOK conducted the Prosecution; and MR. GILL the Defence.

THOMAS WORLEDGE . I am a bookseller of 11, Bridge Street, Homerton.——on 7th February I saw the prisoners together in High Street, Homerton, and half an hour afterwards Wadham came in and asked for "The Boys of England," the price of which is Id.—he gave me a florin—I bit it and said "Governor, this is a bad one," and put it on the counter—he took it up and said "I will take it back from whence I got it," and gave me 1d.—he left—I followed him some distance, and saw Brotzell join him—I followed them to Mare Street, and saw something pass from one to the other—I called a policeman, who took Wadham—Brotzell ran away—this is the florin (produced)—I know it by the mark of my teeth under the nose I—I met Holmes, and spoke to him.

Cross-examined. Wadham did not run out of the shop—Brotzell had left him before I charged him.

WILLIAM HOLMES . I am a decorator, of 48, Church Hill Road, Hackney—on 7th February Worledge spoke to me, and I followed Wadham to Morning Lane, where he met Brotzell, and they walked up the lane together—I saw their hands moving from one to the other—I got a policeman, who walked across the road and charged Wadham—Brotzell ran away two or three minutes before that.

Cross-examined. They parted at the moment I spoke to the policeman. RANKEF Weller (Policeman N 192). Holmes called me, and I took Wadham, and asked him if he had any money about him—he said "No"—I searched him at the station and found a bad florin, but no other money.

GEORGE CHAPMAN (Detective Officer N). On 7th February, about 2 p.m., I took Brotzell, and told him he was charged with being concerned with another Ban, in custody, in passing bad money—he said that he had passed no money, he met the man in Morning Lane and spoke to him—I took him to the station, placed him with others, and he was identified, and afterwards the prosecutor picked him out—I received a florin the same evening; from Fuller—upon Brotzell was found a half-crown, one shilling, and a sixpence.

Cross-examined. I spoke to Brotzell not more than ten minutes after Wadham was taken, not in the same street—he was not charged at the station, but at the police-court.

OLIVER FULLER . I am barman at the Crooked Billet, Clapton—I know Brotzell well—I remember his coming there about six weeks ago, before he was taken in charge—he asked for half a pint of stout, and gave me a florin—I put it on the top of the till, not inside, and gave him the change—after 1 sat down I saw that it looked dark—I put it between my teeth and

found it was bad—I pursued him, but could not find him—I afterwards saw him at Worship Street—I gave the florin to Chapman—this is it.

Cross-examined. When I saw Brotzell he was in the Court—I did not go to recognise him.

JOHN FULLER . I keep the Royal Sovereign, Clapton—between four and five weeks before Christmas I served Brotzell with a glass of ale—he tendered a bad shilling, which I broke and threw it on the counter before him—he said that he had just come from Moorgate Street and received it in the—I burnt the pieces, but did not stop to see whether they melted.

Cross-examined. Brotzell was living in the neighbourhood—I was fetched to the Worship Street station and saw the two prisoners—I knew them both.

WILLIAM WEBSTER . These two florins are bad.


WADHAM— Nine Months' Imprisonment.

Brotzell was further charged with a previous conviction of felony at the Middlesex Sessions in February, 1869, to which he

PLEADED GUILTY Fifteen Months Imprisonment.

5th March 1877
Reference Numbert18770305-268
VerdictGuilty > unknown

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268. THOMAS ATKINS (32) , Unlawfully uttering counterfeit coin.

MESSRS. LLOYD and COOK conducted the Prosecution.

GEORGE SATOHELL . I keep the Crown, Stanhope Street—On 23rd January about 11 p.m., I served the prisoner with half a pint of cooper and tendered a bad florin—I told him it was bad and he gave me a good one, but I refused to change it—I sent for a policeman and the prisoner sat down and smoked a pipe—I gave the bad florin to the constable.

Cross-examined by the Prisoner. I gave you plenty of opportunity of going out of the house—you said that you took it of a bookmaker at the races.

ARTHUR MASON (Policeman E 75). I was called to the Crown and Mr. Satchell gave the prisoner into my custody for uttering this counterfeit florin, which he gave me—he said that he received it from a bookmaker—he said to the landlord "I did not try to run away, did I?"—he was remanded at Bow Street to 29th January and then discharged.

KATE MATTHEWS . I am barmaid at the Gray's Inn Tavern, 19, High Holborn—on 13th February I served the prisoner with half a pint of half-and-half and some tobacco which came to 2d.—he gave me a half-crown—I told him it was bad—he said that he obtained it at the Angel at Islington on Saturday night—I took the tobacco from him and he took up the bad' half-crown—I asked him to let me see it again—ho gave it to me and I refused to give it back to him—the manager gave him in custody with the half-crown.

GEORGE HOLLINGHAM . I am manager of the Gray's Inn Tavern—on 13th February I was called into the bar and saw the prisoner there—the last witness gave me this bad half-crown and I gave him in custody with the coin.

DAVID STAPLEY (Policeman E 53). The prisoner was given into my custody with this half crown (produced)—he said that he got it in change for a half-sovereign at the Angel, Islington.

WILLIAM WEBSTER . This florin and half-crown are bad.

Prisoner's Defence. Appearances may be very much against me, but I am entirely innocent.

GUILTY Nine Months' Imprisonment.

5th March 1877
Reference Numbert18770305-269
VerdictsGuilty > pleaded guilty

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269. FRANCIS HARCOURT (57) , PLEADED GUILTY to feloniously lightening and diminishing a sovereign with intent to defraud; also to feloniously, having in his possession certain gold filings and chippings which had been obtained by lightening Her Majesty's gold coin— Twelve Months' Imprisonment.

5th March 1877
Reference Numbert18770305-270
VerdictGuilty > pleaded guilty

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270. HENRY WHITTEN (19) , to feloniously forging and uttering an endorsement to an order for the payment of 23l. 0s. 6d. with intent to defraud— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]

5th March 1877
Reference Numbert18770305-271
VerdictGuilty > pleaded guilty
SentenceNo Punishment > sentence respited

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5th March 1877
Reference Numbert18770305-272
VerdictsGuilty > pleaded guilty; Guilty > pleaded guilty
SentencesImprisonment > penal servitude; Miscellaneous > sureties

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272. EDWIN FLICK (30), and MARY JANE DREW alias FLICK (25) , to feloniously forging and uttering a bill of exchange for the payment of 98l. 10s. with intent to defraud; there were two similar indictments to which EDWIN FLICK also PLEADED GUILTY Seven year's Penal Servitude . M. J. FLICK, who produced the certificate of her marriage it the other prisoner, to enter into her own recognisances to come up for judgment when called upon. [Pleaded guilty: See original trial image.]

5th March 1877
Reference Numbert18770305-273
VerdictGuilty > unknown

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273. ROBERT STOTT (17) , Robbery on William Smith and stealing a hat, a handkerchief, and 6s. 1d., his property.

MR. MILWOOD conducted the Prosecution.

WILLIAM SMITH . I live at 9, Trinity Street, Clerkenwell—about midnight on Saturday, 24th February, I was going home—six or seven men surrounded me—the prisoner was one—one of them put his arm and held me back, saying "There's no watch," and the prisoner tore out and rifled my pockets—my hat and handkerchief were gone—I also lost two half-crowns, a shilling, and fourpence—I could not come to my senses for a second—my money fell on the ground—I was thrown on the ground—I afterwards met two constables and said "I have been robbed"—they rushed after the men and caught the prisoner—the handkerchief fell from his hand—I took it up and gave it to the constable.

THOMAS EVE . I live at Hoxton—on 24th February I saw Smith near the Fenton Arms, the prisoner and three or four men they threw him over on his back on the pavement—I was then only a little way off—he called "Stop them"—I saw the prisoner tear Smith's pockets out and the money fall on the pavement—I picked up a concertina which dropped from Smith, and followed the prisoner.

ROBERT KELLY (Policeman G 317). On the night of 24th February I was in Pentonville Road—Smith came to me in a very excited state and said that he had been robbed, and pointed to the prisoner and other men and I gave chase—the prisoner dropped this handkerchief—when he saw I was gaining upon him he stopped running and walked near some shutters slowly, trying to throw me off.

Prisoner's Defence. I was going home, saw a row, and ran away with the other chaps and the policeman caught hold of me.

GUILTY Eighteen Months' Imprisonment.

NEW COURT—Tuesday, March 6th, 1877.

Before Mr. Recorder.

5th March 1877
Reference Numbert18770305-274
VerdictGuilty > pleaded guilty

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5th March 1877
Reference Numbert18770305-275
VerdictsGuilty > pleaded guilty

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275. THEODORE FAES (24) , to three indictments for stealing a watch and chain of Philip Christian Hahn; a clock and other articles of Ada Rennick in her dwelling-house; and a time-piece and other articles of Thomas Allen — Eighteen Month Imprisonment. [Pleaded guilty: See original trial image.]

5th March 1877
Reference Numbert18770305-276
VerdictGuilty > pleaded guilty

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5th March 1877
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VerdictGuilty > unknown

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277. WILLIAM CALDER (26) , Burglary in the dwelling-house of Frederick Jones with intent to steal.

MR. DENISON conducted the Prosecution; and MR. WARNER SLEIGH the


FREDERICK JONES . I am a draper, of 125, New North Road on 28th January, between 2 and 3 a.m., the constable called me up—he had the prisoner, and asked me if he lived there—I said "No"—he said that he was attempting to get in at my parlour window—I found it open—I had fastened it at about 5 o'clock in the afternoon—I had two parcels of blankets standing about a yard from the window, and in the morning I found that one of them had been undone, but not moved.

Cross-examined. I think there were two policemen with the prisoner when I came down—he was very quiet.

JOHN BRODEN (Policeman N 213). On the morning of 28th January, shortly after 2 o'clock, I was on duty in the New North Road, and saw two men loitering in front of the prosecutor's house—I went up to them—they crossed the road very quickly—I turned on my light, and saw the prisoner with his body and one leg over the wire blind of the parlour window, and the other leg on the sill—I went into the front garden—he jumped out of the window and I caught hold of him—he tried to get away—I asked what he was doing there—he said a woman told him there was a fire, and he had come to see—he then said he lived there—I knocked the prosecutor up and asked if he knew him—he said "No"—I then took him to the station—I found nothing on him, but in front of the house I found a box of silent matches.

GUILTY Six Month' Imprisonment.

5th March 1877
Reference Numbert18770305-278
VerdictGuilty > unknown
SentenceImprisonment > penal servitude; Imprisonment > penal servitude

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278. WILLIAM JONES (33), and GEORGE WILSON (29) , Stealing a purse and 15s. 8s. of Ebenezer Foster from the person of Mahala Foster.

MR. PAYNE conducted the Prosecution; and Mr. Douglas defended Jones

MAHALA FOSTER . I am the wife of Ebenezer Foster, of 2, Renfrew Road, Kennington Lane—on Saturday evening, 24th February, I went with my daughter to the Homerton Station and took tickets by the North London Railway—we got into a second-class carriage; there was no one else in it—I had a purse in my pocket containing a half-sovereign, a half-crown, a 2s. piece, a shilling, and some coppers—I was sitting with my back to the engine near the door—there was scarcely any room between the door and myself—when we got to the Shoreditch Station the prisoners got into the carriage—Wilson pushed between me and the door and sat beside me, and spread a parcel out on his lap—it came a little way over my dress—Jones sat on the other side of me, and my daughter opposite me—on arriving at Broad Street, in consequence of what my daughter said to me, I felt for my purse, and it was gone—the prisoners had got out of the carriage at that time—my daughter went after them, and I followed her—she laid her hand on Wilson's shoulder and said "You have got my mother's purse," and we went into the cloak-room with the prisoners and a porter.

Cross-examined. My purse was found—I identified it—this is it (produced).

MARTHA. FOSTER . I am the daughter of the last witness—last Saturday week I was with her in a second-class carriage going from Homerton to Broad Street—on arriving at Shoreditch the prisoners got in, one of them sat on one side of my mother and one on the other; I was opposite—I saw Wilson with a parcel, which he pushed over my mother's lap—he leant forward, and 1 thought he was putting his hand in her pocket, and as they got out I asked her if she had got her purse—she felt in her pocket and said she had not—I then went after Wilson, put my hand on his shoulder, and said "You have my mother's purse"—he said "That is a strong assertion to make"—I said "Perhaps so, but you don't pass this barrier until I know"—he then went to the cloak-room with the porter and my mother, and Jones walked on—I went after him and stopped him on the stairs, and said "You are wanted here"—he turned round and smacked me with his—he came back—he said "It's very hard to keep us here, we do not know each other"—a porter came and produced the purse, and I said it was my mother's—I had seen it in Wilson's hand as he got out of the carriage.

Cross-examined. I said at the police-court that I saw something in his hand that looked like my mother's purse—I said to Wilson "One of you have it"—Jones was standing by his side—there were very few people on the platform—they were both together till they got to the barrier—the purse was empty when it was brought back.

FREDERICK STOCKLEY . I am foreman porter at the Broad Street Station—I was on the departure platform on the 24th February when the 8.44 train arrived—I noticed the two prisoners coming down the platform in a hurried manner—Wilson had a parcel done up in a very careless manner—I saw Miss Foster running up to Wilson—she laid her hand on his shoulder and said "You have my mother's purse"—I immediately went up—Jones was standing immediately behind Wilson—Miss Poster said "I charge you both with taking my mother's purse"—I took Wilson into the cloak-room, and thought Jones was following—I looked round and saw him on the stairs—Miss Foster put her hand on his collar and requested him to come back—I saw his arm go up very sharp; I thought he was striking her, and I hurried to her and brought him back to the cloak-room—I left him in charge of one of our men, and on going down the stairs to fetch a constable I found this purse, about four steps down, just at the back of where Jones was stopped—it was open and empty—I took it back, and the prosecutrix described it and identified it as hers—Jones said he thought it was very hard he should be detained as he was a stranger to the other man.

Cross-examined. I saw something fall on the stairs, it was not the purse, it was a rose from the young lady's breast—the purse was found about 20 yards from where Wilson had been; he had not been near the stairs—there were not many persons on the platform.

JOSEPH DOROTHY (City Policeman 923). I was fetched by the last witness and received the prisoners in custody with the purse—they were searched at the station—on Wilson was found two half-crowns, and 4d. in bronze, and on Jones 13s. in silver and 5 1/2 d. in bronze—Wilson had this parcel which contains some old rags not worth a halfpenny.

GUILTY They also PLEADED GUILTY to having been before convicted: Jones at this Court, in October, 1871, when he was sentenced to seven years penal servitude, and Wilson at the Middlesex Sessions, in 1876, when he was sentenced to nine months' imprisonment. JONES— Ten Years Penal Servitude . WILSON— Seven Years' Penal Servitude.

5th March 1877
Reference Numbert18770305-279
VerdictGuilty > unknown

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279. JOHN WARING (40) , Unlawfully obtaining by false pretences from Edward Halstead, two pairs of china figures, and other articles.

MESSRS. MONTAGU WILLIAMS and STRAIGHT conducted the Prosecution; MR. FULTON the Defence.

EDWARD HALSTEAD . I am manager to Henry William Bedford, of 67, Regent Street, dressing-case manufacturer—on 15th January, the prisoner came to the shop, and after looking at an album and criticising the price of it, he asked if we had a good assortment of dressing-cases—I said "(Yes," and he went with me into the show-room, I showed him what stock we had, one at 50l.—he said that was not good enough—I suggested an appointment for the following day when I would get some more expensive ones for him to look at, he called on the 17th and apologised for not coming the day before having some other engagements—I showed him a dressing-case at 150l, he wanted a monogram put on and sundry additions which would bring it up to about 200l—he said he did not object to a few pounds as long as I did the thing right, he liked to pay a good price, that the labourer was worthy of his hire, in which' of course I agreed with him; I asked him for his name and address and handed him my pencil-case "with a piece of paper to write it, and he wrote this in my presence "Colonel Warings, Warings House, Warings Town, County Down"—we had a little conversation on the Eastern question, and he referred to a wound on his cheek, and on his leg which he said he had received in the Crimean war—he left instructions with me to prepare sketches of monograms for the dressing-case—he said when he was in town he stopped either at the Langham Hotel, or the British Hotel, in Cockspur Soreet, at the latter of which he was stopping at then—on 22nd he came again about the monograms; he then looked about the shop and admired the stock and purchased a pair of china figures at three guineas, which he took with him—I let him have them believing him to be Colonel Warings, of Warings House, County Down—on the 23rd he came and selected another pair of figures and a writing set, which he said he would take with him—I said I would send them to the British Hotel, as it was a large parcel to carry—he said "Do," and I sent them, still believing him to be Colonel Warings—on the following day he came again, looked through the stock and asked to be permitted to take on approbation a game box and a photographic album, worth fourteen and three guineas—I said certainly, but as it was a large parcel I suggested that our porter should carry them for him—he said he was going to the Bodega wine stores to have a glass of wine, and the porter took them there for him; I suggested that he should have a monogram put upon the game box, and a cover made for it if it suited, which he agreed to—he came next day and said he could not return the goods that day, because the lady for whom the articles were selected had gone to the theatre and he could not see her the previous night—I subsequently had a conversation with my employer and the prisoner was given into custody.

Cross-examined. We have not been offered payment for the goods—on the occasion when the goods were taken on approbation—he said "Shall 1 pay you for these goods, you don't know me," but believing him to be Colonel Warings, I allowed him to take them away—I did not ask him for a reference; he did not write this paper as a reference—I swear that.

WILLIAM HAZLETT . I am a porter at the British Hotel in Cockspur Street—about a fortnight before the prisoner was given into custody he came to the hotel and asked if he might see the smoking-room to write

I some letters in—he was told yes he could do so—he continued calling several days, almost every day, and used the smoking-room to write the letters in; and after about a fortnight he asked if he might have some letters directed to the hotel if we would receive any letters that came to him addressed to the hotel—we told him yes, and several letters came and two parcels followed—he fetched them away the evening they were delivered—he did not ask if we would receive any parcels—he never resided at the hotel.

Cross-examined. Persons frequently use our hotel in that way—it is not an uncommon thing.

JOHN ELMER . I am porter to Mr. Bedford—on 23rd January I took two parcels addressed to Mr. Warings at the British Hotel.

WILLIAM HOWE . I am porter to Mr. Bedford—on 54th January I took two parcels from my master's shop with the prisoner to the Bodega Stores in Glasshouse Street—I took them from there to a coffee-house in Great Windmill Street—I don't know the name of it—I left the goods there with the prisoner—they were a game box and an album.

HENRY SHARPEE . I keep the Cafe" de la Toile in Great Windmill Street—these articles were shown to me by the prisoner—he asked me to keep them till the next day—I did so.

WILLIAM STEVENS . I am a pawnbroker at 35, Brewer Street—I know the prisoner—I produced a letter from Him at the police-court—I think I it was mislaid there—I never saw it afterwards—in consequence of that letter I went to the Cafe" de la Toile—it was for the purpose of fetching something away—when I got there the prisoner was in custody.

Cross-examined. I have known the prisoner for a good many years—he has told me that his mother's name was Waring—long before this I knew him under the name of Williams, a lot of Christian names—his names are John Edward Covington Hope Waring Williams—I don't know when his mother died—I don't know that he was a colonel in the Spanish army, only by his own representation—I have no means of knowing; he so described himself—he used to live at Queen's Gate—he left there in consequence of a disagreement with a Mr. Ritches, a solicitor, in King's Bench Walk—I know that Mr. Bitches failed—he told me that he had lost 7,000l. I held a dishonoured cheque of Ritches' payable to the prisoner for 1,750l.—I have at times had large business transactions with him—he has paid me very large sums at times, but not lately—I can't say the amounts—not 5,000l.—I daresay I have taken 500l. from him at different times—in his dealings with me he has always been perfectly upright and straightforward—I have not had to complain of him.

Re-examined. I was at the police-court and I heard that a charge was preferred against him by Messrs. London Ryder—I heard at the police-court that he had given an order there for jewellery to the value of 600l., and that he had represented himself as Colonel Warings, of Warings Town—I also heard that he had given an order for jewellery to a jeweller named Williams, in Hatton Garden, amounting to a larger sum, also giving the name and address of Colonel Warings—I also heard that he had obtained jewellery from Mr. Langton to the amount of 170l., also a quantity of goods from Hills Brothers, tailors, in Bond Street, upon a reference given by me—my dealings with him were to the amount of 500l. in the course of years, pawning property and taking it out again, and I have sold him things.

By Me. Fulton. There was no charge at the police-court with regard to these matters.

FRANK SAUNDERS . I reside at 12, Princes Street, Cavendish Square—I know the prisoner—he had lodgings in my father's house—he came on 6th January and remained there until he was arrested—I knew him by the name of Williams—I never heard of him as Colonel Waring's, of County Down.

HENRY WILLIAM BEDFORD . I live at 67, Regent Street and am a dressing case manufacturer—in January last the prisoner came to my shop—after he had left my manager spoke to me and showed me this paper, in conesquence of which I made some inquiries, and wrote a letter—that was after the prisoner had been entrusted with certain goods—I heard the prisoner say that he had served in the Crimea and was wounded there.

Cross-examined. Since this matter occurred the prisoner's wife called on me—she did not offer to pay the money—she came to my private residence on the Sunday as he was arrested on the Saturday night—he did not deposit any Spanish bonds with me—I did not ask him if he was connected with Warings, the contractors—they are customers of mine—I was not present when he wrote this paper.

THOMAS WARINGS . I am a major in the South Down Militia, and reside at Warings Town—that is the name of an estate, village and residence—Warings Town is my property—I have been the owner since 1866, but I have resided there for many years during my father's lifetime—I never saw the prisoner until Monday fortnight at Marlborough Street—there is no other person named Warings, of Warings Town—all the persons there are my tenants—I know them all personally—there is no other person named Waring, of Warings Town, but myself.

Cross-examined. I have not an uncle named Jasper Warings—there was a Jasper Warings in my family—he was my granduncle, my maternal grandfather's younger brother—I only know from hearsay the history of that branch of the family—there was rather a coolness between my paternal grandfather and his brother—I have no reason to doubt that he may be related to that branch of the family—I have been told that there was a Miss Clementina Warings—I know that my granduncle Jasper Warings was said to have a daughter called Clementina—Jasper Warings was the English consul at Alicant.

CHARLES BUTCHER (Detective Officer E). At 9 o'clock on a Saturday night I saw the prisoner go into the British Hotel, Cockspur Street—I followed, him in and asked if he was Colonel Warings—he said "Yes"—I told him I was a detective officer and I had a warrant for his apprehension—I read it to him—he asked me to let him see it—I gave it to him and he read it—I told him it was for obtaining goods from Mr. Bedford, of Regent Street—he said he had a right to use the name of Warings—he said there was no false pretence about it, he should explain the whole matter—I told him that he was not Colonel Warings, of Waring's Town, County Down, Ireland—he said no, he was first cousin of the gentleman there—I said "It is not so, we have had a communication from the gentleman there, he is a Major Warings"—he then said it was a mistake altogether and he should explain the whole matter—I said he was not the colonel—he said no, but he was a colonel in the Spanish army, that he was born in Spain, his father's name was Williams and his mother's Warings, and under the will of his mother he had assumed the name of Warings—I said "You said you were a member of the Army and Navy Club"—he said "No"—I said "you

said the Rag"—I took him to Vine Street station—he there gave the name of John Warings, 12 Princes Street, Cavendish Square—I went there on the Monday morning with a key the prisoner gave me, and in a bed-room on the second floor I found some letters in a chest of drawers—they were lost at the police-court—two were addressed to J. H. Warings, Esq., 25, Bulwer Street—another to Colonel Williams, 109, Great Portland Street, and two telegrams, one addressed to Mr. Warings, Langham Hotel, sent by a person named Stevens, of Pimlico—I also found two pairs of china figures, a writing-desk, a game box, and an album.

GUILTY Twelve Months' Imprisonment.

THIRD COURT—Tuesday, March 6th, 1877.

Before Mr. Common Serjeant.

5th March 1877
Reference Numbert18770305-280
VerdictGuilty > pleaded guilty

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280. JAMES KING (33) , PLEADED GUILTY to embezzling an order for 4l. 15s. of Charles Oakley and another his masters. He received a good character— Two Months' Imprisonment.

5th March 1877
Reference Numbert18770305-281
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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281. JOHN BAGNESS (30) , to stealing two letters the property of Her Majesty's Postmaster-General. He received a good character— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]

5th March 1877
Reference Numbert18770305-282
VerdictsGuilty > pleaded guilty
SentencesNo Punishment > sentence respited

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282. JOHN MEREDITH (20) , to feloniously receiving a post letter and two valuable securities the property of Her Majesty's Postmaster-General knowing them to have been stolen; also to feloniously uttering forged receipts for the payment of 10l. and 5l. He received a good characterJudgment Respited. And [Pleaded guilty: See original trial image.]

5th March 1877
Reference Numbert18770305-283
VerdictsGuilty > pleaded guilty
SentencesMiscellaneous > sureties

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283. JOHN THOMAS FAULKNER COLEGROVE (31) , to unlawfully procuring himself to be registered under the Pharmacy Act, and ANDREW RICHES HUNTER (23), and JOHN HINKS (36) , to unlawfully aiding and assisting him in the commission of the said offence— To enter into their own recognisances to appear and receive judgment when called upon. [Pleaded guilty: See original trial image.]

5th March 1877
Reference Numbert18770305-284
VerdictGuilty > with recommendation
SentenceNo Punishment > sentence respited

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284. GEORGE HYMNS (38) , Stealing eight bags and 1200l. the property of the National Provincial Bank of England.

MR. STRAIGHT conducted the Prosecution; and MR. THORNS COLE the Defence.

WILFRED POWER . I am accountant at the Baker' Street Branch of the National Provincial Bank—on 13th February I made up a bag of gold to Bend to the head office in Bishopsgate Street—there were six small bags sealed up, each containing 200 sovereigns, which I placed in a canvas bag sealed up, which I handed to Holmes, the messenger, and he left with the clerk Herbert.

Cross-examined. Holmes had been sent on that errand on many occasions—they left the office between 2 o'clock and 2.30.

WILLIAM HOLMES . I am messenger at the Baker Street Branch of the National Provincial Bank—on 13th February I received a sealed bag from Mr. Power, which I put into a blue bag of my own and went with Herbert to Baker Street Station, where we got into a second-class carriage—I sat on the off side with my back to the engine and placed the bag between myself and the side of the carriage—I did not notice anybody else in the same compartment, but there was a person in the next compartment—we booked for Bishopsgate, and when we got there Mr. Herbert tried to get out; I begged him not to do so—he got out, and after that I got out, and left the bag, and the train was off before I could get in again—I turned round and made an offort to catch, it, and then I spoke to the station master and

he telegraphed—we both jumped into a Hansom's cab to go to Aldgate Station, but on the way we got blocked, though we went fast when we had the chance—about three minutes elapsed between our getting out of the train and our getting to Aldgate Station—I then searched the carriages—I did not recognise the train we travelled in, but a porter said that that was the train which he had to search; I searched that train and another, but did not find the bag.

Cross-examined. There was no number to the carriage in which we rode—it was the first second-class carriage which we came to—it was an open carriage where you can see the people in the next compartment—I am usually sent with money in that way, and I have a clerk to keep me company sometimes and sometimes not—the train had not gone when I missed the money, and we had not got off the platform—we got a Hansom at once, which was standing outside the station.

Re-examined. I think it was 2.50 when we were going up the steps, and it was not 3 o'clock when we got to Aldgate.

By THE COURT. We left no one in the compartment when we got out, the carriage was completely empty—they were bound to unlock the carriage doors when it got on to the other platform—I did not see half a dozen persons get out at Bishopsgate Street—it was a dull time of day.

JAMES SERVYER . I am foreman gas man on the Metropolitan Railway—on 23rd February, between 2.45 and 3 o'clock, I was at Aldgate Station and saw the prisoner on the platform against his box—that is the platform along-side which the trains from Bishopsgate would run in.

Cross-examined. This train started from Hammersmith and stopped at every station up to Aldgate, which is a terminus—I was there from 5.30 a m. to 3 p.m., and was leaving work when I saw the prisoner standing by a box where brooms are kept, that was a minute and a half or two minutes before the train came up.

By THE COURT. I was on the platform when the train arrived—I did not notice whether 100 people got out or only half a dozen—the train was standing then, having finished its journey—I looked for the prisoner and saw him standing by his box—the train would remain seven or eight minutes I before it started again.

WILLIAM GOSDEN . I am am chief inspector of police on the Metropolitan Railway—the prisoner was a carriage washer in the company's employ—his ordinary place of employment was the Vine Street siding, which is a private place, inaccessible to the public—on 13th February he was employed at the Aldgate Station to sweep out the interior of the coaches as the trains came in, if they required it—he had to look into each carriage—the duty of a servant finding anything in a carriage is to deliver it to the inspector on duty, at once—I made a search at Aldgate and at Vine Street siding on the 13th and 14th, but found nothing.

Cross-examined. There were not several other carriage searchers—the prisoner was doing another man's duty that day—he joined the company's service last December—I do not know that he has been eighteen or twenty years in the Army—Vine Street siding is a place where trains are put for the purpose of washing—it is a large place, open to the air—the place where the gold was discovered is about a mile and a quarter from Aldgate Station.

GEORGE ANDREWS . I am shopman to Mr. Barnes, of the Whitechapel Hood, about two seconds from Aldgate Station—on Tuesday afternoon, 13th

I February, the prisoner purchased a pair of boots of me for 12s. 6d., and paid with a sovereign.

WILLIAM TREMLETT . I am manager to Mr. Mears, a watchmaker of Bishopsgate Street—on 13th February, about 9 p.m., the prisoner bought a watch of me for 1l. 10s.—he paid me with eight sovereigns—I gave him 10s. change, and put the watch in a box—this is the watch and the box (produced).

JOHN MITCHELL (City Detective Sergeant). On the afternoon of 13th, February I received information of this robbery, and went with Sergeant Webb to Aldgate Station—we saw the prisoner—I said that I was a detectire officer, and had come to make enquiries respecting a bag of gold which had been left in a carriage arriving at Aldgate at 2.48—he said "I was at dinner-at that time, and I know nothing about that train"—I said "You hare been seen to leave the station once or twice"—he said "I can swear I left the station only once, and that was to have some beer with some of my mates"—next morning I saw him at Aldgate at 11 o'clock—we had to send for him from Vine Street, where he was working—he came to Aldgate, and I said "I find that you bought a pair of boots at 3.30 yesterday in the Whitechapel Road, and you were seen drinking with some people in the evening"—he said "I did not buy a pair of boots, and I went straight home"—I said "You bought the boots at Barnes', in Whitechapel Road, and paid 12s. 6d. for them"—he considered for some time, and I repeated my question—he—said "I did buy the boots, and I will tell you the truth, gentlemen. I had a 100 rupee note; I sold it to a strange man, a Jew, in Petticoat Lane for 8l."—he made several contradictory statements, and at last he said "If you will let me go at large I shall be able to find something out for you by to-night at 6 o'clock"—I asked him why he thought so—he said that he had seen a porter named Williamson searching the carriages where this bag of gold was supposed to be left, and instead of his getting out of the carriage on to the platform, he got out on to the line, and he thought the bag might be hid in some part of the station—Sergeant Webb and Sergeant Godsden searched under the platform, and while they were gone the prisoner said "You had better let me go at large and I will guarantee that you have the bag of gold brought here by 6 o'clock to-night"—I, said "I cannot do that, but I will go anywhere with you"—he said "That won't do, because people may see me and think that I have rounded"—Webb then returned with Godsden, and I then said to the prisoner "Can't you point out to me where this bag of gold is likely to be hid?"—he said "Well, about 5.30 last evening I saw three men standing in the Vine Street siding, near the Farringdon Street station, they were dividing something between them; I think if you go there and search it may be buried there"—I then went with Mr. Rainey to Vine Street siding, where we searched about the line, and at last came to some earth which had recently been turned over—I got a shovel, turned up the earth, and about a foot from the surface found this bag turned inside out, which I afterwards found contained five small bags, each containing 200 sovereigns—one bag had gone—I went back to Aldgate, where the prisoner was detained, and showed him the bag; he said "I am glad you have found the bag, my mind is much easier"—he was then told that he would be charged with being concerned in stealing it—he made no answer, and we took him to the station—Mr. Power identified the bags.

Cross-examined. I have not discovered the blue bag—I got to Aldgate

Station about 4 p.m.—the prisoner dined in a little hut at the side of the line, which belongs to the company—Petticoat Lane is close by the station—I know that the prisoner has been a soldier, and I believe he has been in India.

HENRY WEBB (City Detective Sergeant). I went with Mitchell to Aldgate Station—I searched under the platform with the inspector—the prisoner then said that he wished to have the middle platform searched, and likewise at Vine Street—I asked him why—he said "Because last night, about 5.30 I was down at Vine Street, and I saw three men there doing something very suspicious; they were using their fingers as if they were counting money or playing at cards"—I asked him their description; he said one was a tall man and the others were much shorter, and they were dressed as railway porters—he wanted to go there, but I said "No," and Sergeant Mitchell went with Rainey while the prisoner remained with me—Mitchell afterwards returned with the five bags—I turned them out and said "There is one bag missing, containing 200 sovereigns, where is it, you must know?"—he said "I do not know, I cannot give you any further information, I will swear on 400 Bibles I know nothing about it, it was only a supposition on my part from seeing those men there"—I received this watch and chain (produced) that afternoon from James Diamond, and showed them to Mr. Tremlett, who identified them—on 15th February, on the way to the court in a cab, I said to the prisoner "We have not found the 200 missing sovereigns"—he said "Have not you, sir"—I said "No"—he said "Oh, that tall man that, was on the platform that afternoon when the train came in had that bag"—I said "What man?"—he said "A tall dark man, in a grey suit, with a large Ulster coat on, he gave me 5l. to hold my tongue"—I said "Did he give you a 5l. note 1"—he said "No, he gave me four sovereigns and 1l. in silver"—Mitchell said "Why did not you stop him? you are as bad as him"—he said "He took out a loaded pistol, pointed it at my head, and said that if I said a word about it he would blow my brains out"—he was charged at the police-court.

Cross-examined. I have searched for the blue bag but have not been able to find it.

JAMES DIAMOND . I am a carriage washer in the employ of the Metropolitan Railway Company at Vine Street siding—I have been in the habit I of working with the prisoner there—on the morning of the 14th February I saw him on the line between Bishopsgate and Aldgate, and he handed me this watch and chain in a box, and asked me to take care of it for him till dinner time—he said "I am going to have it cleaned"—I delivered it to Thomas Good, the foreman.

THOMAS RAINEY . I am foreman of the carriage department, Metropolitan Railway—the prisoner was often employed at the Vine Street siding—on Tuesday, 13th February, he was detailed for duty at Aldgate Station; he had no right to leave during the day to go to Vine Street—on Wednesday, the 14th, he commenced work at Aldgate soon after 6 o'clock, and went to Vine Street at 9 o'clock, where he would remain for the day.

EDWARD HUGHES HALBERT . (Not examined in chief).

Cross-examined. This was a smoking carriage which we got into—no persons got out at Bishopsgate but Holmes and myself—I had charge of the money, and Holmes was sent to carry it—we had both been smoking—I was sent to look after him with the money—we got to Bishopsgate Station about 2.50—I was not a minute on the platform before I found

that I had not looked after the money—I told the inspector first, and then made a rush for a Hansom cab—I got to Aldgate Station about five minutes after it happened, because I got out at Houndsditch and ran as there was a block.

GUILTYStrongly recommened to mercy by the Jury in consequence of his previous good character, the sudden temptation, and the gross negligence of the two clerks—Judgment respited.

5th March 1877
Reference Numbert18770305-285
VerdictGuilty > pleaded guilty; Not Guilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

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285. CHARLES WELLS (19), REBECCA CLARK (28), and WILLIAM WYKEHAM (31) , Stealing two jackets of Charles Jaques, the master of Wells, to which WELLS PLEADED GUILTY .

MR. REED conducted the Prosecution; and MR. SIMS defended Clark.

JAMES AUSTIN (City Policeman 260). On 2nd February, in consequence of instructions, I went to the prosecutor's house at 9 a.m. and remained till 12 o'clock, when Clark went to the warehouse and remained outside—I was concealed opposite the doorway—Wykeham came out and joined him, and they both went into the warehouse where they remained a quarter of an hour, and Wells came to the door and looked about—I then saw Clark come out of the warehouse with this parcel (produced)—I followed her to Middlesex Passage and stopped her, and said "What have you in this parcel—he said "Some pieces of cloth that I had from Charles, the porter to Mr. Jaques"—I took her back to the warehouse and informed the warehouseman—Wells then came into the warehouse, and I said to him "What do you know about this parcel?"—he made no reply to me, but turned round to Mr. Jacques and said "For God's sake, forgive me"—I said to Clark "You will be charged with receiving this, well knowing it to be stolen—she appealed to Mr. Jaques and walked as far as the basement door, where it is rather dark—she dropped this piece of paper in the warehouse and I picked it up. (Read: "The patterns I told you about I cannot do, but I can let you have the same number of yards of the patterns enclosed; same price. Come to the firm on. Tuesday and let me know, about 3 p.m. Yours respectfully, Charles Wells.") On the same day I went to Clark's lodgings, 18, Prince's Street, Kingsland—she lived there with her husband—I found in a drawer in her room this piece of cloth, seventeen pieces of velvet, a box of buttons, and fourteen duplicates, only one of which related to this charge—the cloth was given up at the police-Court—next day I went to Wykeham's, at the Coach and Horses, Bartholomew Close, three or four doors from where he was employed as potman—I told him I was a police officer, and asked him if he had heard of the robbery at Mr. Jaques'—he said "Yes"—I said that I understood he had been receiving some pieces of cloth—he said "Yes, I have a bag here in my pot-house which it was brought in, and I parried it home to my lodgings"—I said "Do you mind my seeing your lodging?"—he said "I will go with you," and we went to 9, Long Lane, Smithfield—I searched his room, and in a coat hanging on the door I found this piece of velvet and five small pieces of cloth—I said "How do you account for them?"—he said "These are some pieces which Charles, the porter, brought home and gave to me"—I found in his box eighteen duplicates relating to the cloth.

Cross-examined. The prisoner Wells is Charles the porter—I was in plain clothes at the prosecutor's house—Clark said "If you go to my house you will find a piece of cloth in the drawer, which I bought of Charles the porter for 10s. a few days ago"—Clark went into the house and came out with the bundle in a quarter of an hour.

ROBERT CARTER . I am assistant to Mr. Reeve, a pawnbroker, of White, cross Street—I produce a piece of cloth pawned on 5th January for 8s. a remnant of cloth on the 12th for 3s. 6d., and a remnant on the 19th for 7s. by the prisoner Wykeham in the name of George Marshall.

CHARLES JAQUES . I am a mantle manufacturer at 68, Bartholomew Close—Wells was in my employ for five months—Clark worked for me last autumn and knew the rules of my establishment, and that it was entirely wholesale—these pieces of cloth are my property—I recognise them by this I pencil mark which I made the same morning—they were not taken with I my authority or knowledge—the value of what I have recovered is about 12l—I do not sell goods by retail—I only make them up.

Crass-examined. I have no retail shop and no means of disposing of goods by retail—that was known to Mrs. Clark—there was a fire at my neighbour's some time ago, and it burnt through—Wells was in my employ at that time—he did not help us to move—we only moved the furniture, not the stock—this paper is on one of our business memoranda—there is only one entrance to the warehouse, it opens into the public street.

Re-examined. Nothing was removed in the shape of stock at the time of the fire—the insurance office had the whole of it.

CHARLES WELLS . (The prisoner). I have PLEADED GUILTY to having stolen the goods alleged in the indictment—I knew Clark by working for Mr. Jaques in the autumn, and she came there for work—I saw her twice—I said "I have got some stuff downstairs which you can have cheap if you like, on (he cross"—she agreed, and gave me 65. 4d., or something like that for the first lot, and I was to have three half-crowns for the second lot—I wrote this paper making an appointment, and she came on 2nd February by appointment—I saw her outside, and went out and asked her how long she had been staying there—she said she had only just come—I said "Are you going to have them now?"—she said "I may as well have it" and I took her down into the cellar and gave her the cloth, and she gave me 4s. 6d.—I know Wykeham by using the public-house at dinner time—I said to him "I have got some cloth, and if you can sell it or find a customer for it we will go halves"—we were both hard up for money—he said that he would do what he could, and after that I got a piece of cloth, and from one piece I got to another, four or five times, extending over about a month, it was about 8l. worth, but Mr. Jaques has got it all back, as it was all pawned.

Cross-examined. I have also had a piece of velvet and other goods which a party had and have explained to Mr. Jaques all about that—I told him about another person besides Clarke and Wykeham—that is a married man, I believe—I have no idea where he is now—I also let somebody have two jackets and told Mr. Jaques about it—I did not say that they were obtained on the cross, or that they were damaged in my employer's fire—I did not tell him that it was stolen, but I told Clark—I did not tell Clark that I had bought some lots of goods cheap from my employer and could let her have some, nor did I give any account of how I got them—I gave a jacket on one occasion and fur on another—I never had any goods to sell which were accounted rubbish—this had been going on about a month before I spoke to Clark.

Cross-examined by Wykeham. I did not tell you that I had bought the goods cheap of my master, as salvage stock; if I had done so I should not dispose of them in that way—I did not say that I was hard up for ready

cash, as I had let my master have my wages every week to pay up the salvage stock.

BY THE COURT. My wages are 1l. a week—I am single—it was drinking in a public-house which drew me into his.

Re-examined. The party was a person to whom I was engaged, and not wishing it to be known that I had it on the cross, I did not disclose it.

Wykeham's Statement before the Magistrate. "I did not know the goods were stolen, he told me he had bought them."

Wykeham's Defence. I have known Wells four months; he brought the cloth and mantles to me and asked me if I knew anybody who would buy them. I said that I would try and sell them for him. He brought some at dinner-time, and everybody could see them. One evening he had been paying his master all his wages to pay the salvage, and he asked me if I would go with him to pawn some articles. He asked me to go in with them as he had an aversion to do so, and I pawned two or three of the articles for him. He asked me to keep the tickets for him. I had not the slightest idea that the stuff was stolen, or I should have been frightened to take them to the same pawn-shop two or three times. When I heard that he was taken I did not think it was for these cloths, or I could easily have got rid of the tickets. '


WYKEHAM— GUILTY of receiving Nine Months' Imprisonment. WELLS— Twelve Months' Imprisonment.

5th March 1877
Reference Numbert18770305-286
VerdictGuilty > lesser offence

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286. AGNES KELLY (28) , Feloniously cutting and wounding Edward Petersen with intent to do him some grievous bodily harm.

MR. GOODMAN conducted the Prosecution.

EDWARD PETERSEN . On 16th February I was staying at the Sailors' Home, Wells Street—about 11.30 that night the prisoner spoke to me in the street, and I went with her to her lodging, 20, Brunswick Street—I sent for some beer—she called in another girl from upstairs, and a third girl brought in the beer—we had a drink each—I was sitting on the bed, and the women began quarrelling between themselves, but I did not interfere—the beer was in two jars—the prisoner said "Are you going to give me the money for to-night?"—I laughed and said nothing, because I had told her in the street that I had no money—she drew a knife from her pocket, opened the two blades, and said "You see this?"—I laughed at her still, and she said "You see that?"—I said "You don't mean to strike me with that knife"—she said "By God, I will"—I stood up by the bed, and she made two or three blows at my face, but I defended myself, and at last I fas cut across the nose and fell down on the floor, and she gave me two or three cuts on my face and then ran downstairs—I am quite certain the prisoner is the girl—I bled very much, and went down and told a policeman—it is not true that I was hit with a stone jar; it was a penknife with two blades—I was not exactly sober, I had had a couple of glasses, but I knew what I was about, so as to distinguish which of them it was.

Cross-examined by the Prisoner. I did not take a knife out of my pocket, I had not got one—one of the girls did not take a knife out of my hand.

BY THE COURT. I did not give her any money, I had none—I paid for the beer—I had 7s. left after paying for the beer, but that was not enough—it wag not told me how much was to be paid to her—I had not been intimate with her that night—when she met me I said that I had no money—she said "Never mind the money, I know you are homeward bound"—I said "I will see you another night, when I get paid."

CHARLES YOKES (Policeman H 114). I was standing by the door of this house, and heard quarrelling in the first-floor front room—I heard a voice say "You b——, I will hit you with this"—a woman came down—I asked her what was the matter, and then went up and took the prisoner—Petersen was bleeding profusely from his face—I asked the prisoner if she had done it—she said "I used no knife, only this jar to him"—I had not mentioned a knife—it was a jar of beer with a smooth edge, and the beer was still in it.

JOSEPH DILL . I am a surgeon, of 2, Spital Square—I dressed Petersen's wound on 17th February—he had a cut on the right side of his nose, completely through his nostril, and a smaller wound on his left cheek—he is all right now.

The Prisoner's Statement before the Magistrate. "When I went home two other women came with her. There was a row about who brought him home. He said he was going to stop with me. He flourished a knife and made strokes at all of us. I threw the jar at him. I did not see if he was cut. Ten minutes afterwards the police came."

Prisoner's Defence. Two other women followed him as well as me. We had some beer, and they commenced quarrelling who was to take him. He said that he wished to stop where he was. I saw him bleeding, and I thought it was the jar that did it. If I had done it I should have ran away.

GUILTY of Unlawfully Wounding Four Month's Imprisoment.

FOURTH COURT—Tuesday, March 6th, 1877.

Before Robert Malcolm Kerr, Esq.

5th March 1877
Reference Numbert18770305-287
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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287. ALFRED CRAWLEY (69) , PLEADED GUILTY to stealing five table cloths, the goods of John Paterson and others, having been previously convicted of felony— Fourteen Years Penal Servitude.

5th March 1877
Reference Numbert18770305-288
VerdictGuilty > pleaded guilty

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288. LUIGI COSTELLO (23) , to a burglary, in the dwelling-house of William Wise — Eighteen Months' Imprisonment . And [Pleaded guilty: See original trial image.]

5th March 1877
Reference Numbert18770305-289
VerdictGuilty > pleaded guilty

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289. JOHN BROWN (25) , to a burglary, in the dwelling-house of Stephen Ansell, and stealing a coat, handkerchief, and other goods, his property— Eighteen Months' Imprimment. [Pleaded guilty: See original trial image.]

5th March 1877
Reference Numbert18770305-290
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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290. JOSEPH JOHN ALLEY JONES (32) , Unlawfully obtaining by false pretences, from Sophia Frampton, money to the amount of 2,486l. 13s. 46., with intent to defraud. Other Counts varying the form of charge. '

MR. WILLIS, Q.C., and MR. MCCOLL conducted the Prosecution; and MESSRS. BESLEY and J. P. GRAIN the Defence.

SOPHIA FRAMPTON . I am a widow carrying on business in Regent Street as a lady's boot and shoe maker, and have done so for twenty-eight years—in 1866 I became acquainted with Mr. Jones, who acted as my solicitor—from 1866 to September, 1874, I had been in the habit of advancing money to him in bills and promissory notes—on 1st September, 1874, he came to me about the Basingstoke Canal—this book contains entries which I then made—he told me there was a good offer of the property and he and his father would form a co-partnership in it—asked him what sum he would require, and he said 12,000l.—he said I was to pay 5,000l. his father 5,000l., and himself 2,000l—he was to have one-third share—the canal was to be purchased out of the Court of Chancery—I was to

pay 500l. pounds deposit then—he said he had already paid 1,200l.—I went to his office in Chancery Lane, on 1st September, and paid him 495l. in cheques and notes—he said he would introduce me to the manager of the London and Westminster Bank, and he sent word-to him for that purpose, but the reply was that the manager was out of town—he called on me in the evening, and I gave him the remaining 5l.—on October 12th I signed a blank piece of paper—he said he required my signature and his father's, as it related to the Basingstoke Canal—I did not observe a stamp on it. (The paper produced was a bill for 5,0001., and was dated the 12th October, 1874, and endorsed by the prisoner.) The next payments I made to the prisoner were November 7th,50l.; 10th, 10l.; 11th, 50l.; 12th, 1,100l.—he also pledged my plate for 100l.—on 9th December I paid him 120l, and in January, 1875, from 1st to the 8th, in different sums, 140l., and on the 22nd, 300l.—he afterwards asked me to pay 116l. 13s. 4d., as my third-share of 350l., which he said he had paid for repairs to the tunnel, which I paid him—he shewed me a memorandum of the repairs—relying on the representations he made to me I paid him the sums mentioned—I signed the agreement produced. (This agreement was dated the 1st December, and was between Sophia Frampton, Thomas Alley Jones, and Joseph John. Alley Jones, who agreed to purchase the Basingstoke Canal for 12,000l., 5,000l. to be paid by Sophia Frampton, 5,000l. by Thomas Alley Jones, and 2,000l. by the prisoner, who was to have a third-share of the profits in consideration of his services, each party paying a third of the expenses for repairs and working of the canal, and to receive a third of the profits, or a third of the purchase-money if sold.) The prisoner's father, who is a solicitor, was present—the prisoner produced his father's cheque for 5,000l. for the purchase of his share—on 2nd December I signed another agreement. (This was similar to that of the 1st December, adding, should either of the parties die, the survivors should have the option of purchasing his or her share, and that balance-sheets should be prepared half-yearly.) On the 24th November, 1875, the prisoner told me he had sold the canal to Mr. Brady, of Austin Friars, for 80,000l., that Mr: Brady was going to form a company, taking 20,000l. for himself and we were to have 20,000l. each, that Mr. Brady had paid' to the London and Westminster Bank 5,000l. to guarantee the carrying out of the contract, and as I had not paid all my 5,000l. he asked me for 500l. as a deposit on the guarantee—I had not the money—he said it would only be wanted for a few days—I gave him a bill for 500l. (The bill was dated 24th November, 1875, for 500l., on the London and Westminster Bank, signed by Sophia frampton and endorsed J. Alley Jones). Belying upon his statements I gave him the bill to place as a deposit with the manager of the bank—I was to pay it off by instalments, and I paid four instalments of 50l. to the prisoner, and Mr. Edgar changed the prisoner's cheques for 200l. and' 100l. for the other 300l. which I gave to the prisoner to pay into the bank on the 24th December, 1875, as he said it must be paid that day or we should lose our purchase, and it would be a great pity as the manager of the bank had introduced Mr. Brady to the transaction—afterwards Mr. Edgar spoke to me about the two cheques, and in result I paid him 200l. as part of the 300l. he had advanced—in April, 1873, the prisoner came to me and said he wanted to finish the works of the tunnel—I then enquired about Mr. Brady and the prisoner made some vague answer, said it was sot quite settled, but he must have—the money to finish the tunnel, and asked if I would become responsible with, his father and his brother-in-law

for 2,000l., to—which I objected—the loan was to be obtained from the British Mutual Investment Company, of, Ludgate Hill Circus—he said his father had deposited deeds with this company as a guarantee that he had made over his own furniture and carriages to them, and that I ran not the least risk, it was merely a matter of form—I believed what he said and signed a promissory note which Mr. Martin has—I have been called upon to pay upon this document, and the prisoner has without my consent deposited deeds of mine relating to some property in Chancery—I was also sued in the Court of Bankruptcy and was obliged to liquidate—in September, 1875, the prisoner, owing me 800l. independently of the Basingstoke Canal property, came to me and told me that a Mr. Potter would lend 600l. on some costs, but he had to release some copyhold property from the Copy-hold Commissioners for which he had to pay 200l., and if I would advance that sum the prisoner would be able to pay it me back, and also the 200l, towards the 800l.—as his clerk was present and confirmed his statement I went with the prisoner to the Bank of England and paid in 184l. 12s. 6d—he had the remainder in cash in sums of 2l. 7s. 6d., 10l., and 1l. 11s. 6d.—relying upon his representations I gave him those sums.

Cross-examined. My business is limited, but very select; I attend to it personally—I have heard that the prisoner was trying to move the Court of Queen's Bench—I have been very ill; I am not well to-day—my debts in the liquidation amounted to upwards of 3,000l.—I had transactions with Mr. Jones, in 1866, relating to bills of exchange upon which I received interest every quarter amounting to about 10 per cent.; I can get 10 per cent, any day for my money; I do not require more—I first heard of the Basingstoke Canal in 1874—the prisoner came to me very frequently at that time and was sometimes an annoyance to me—I never asked him to come—it was not introduced to me as a speculation, but as a bond fide property—we did not go into particulars, I reposed full confidence in him and in his father—I cannot remember all he said; I do not recollect his having stated that if a company was formed the canal would be worth three or four times as much as it would cost—the agreements were read over to me—a portion of the canal was then used—I understood that if the tunnel were repaired the whole of it could be used—the prisoner told me he was going to bring forward a hill in Parliament—some part of the canal was to be used for supplying water to the Metropolis, but he did not give me the particulars—that is my signature on the agreement produced. (This agreement was dated 18th September 1874, between the same parties and Charles Doims, and was an agreement to purchase the canal for 12,000l. and to pay 1,200. deposit.) I never had a copy of that document delivered to me—I never heard Douris' name mentioned, and I do not believe that is my signature, though it looks like my writing—the prisoner kept back the chief agreement, which I ought to have had—I asked the prisoner what the blank piece of paper was that I signed—he said it was a bill for 5,000l.—I told him he had had 5,000l.—he said he had only borrowed 500l. on it—I felt unhappy about this bill, and he was told if he did not return it I would advertise him in every paper in London as it was a fraud and forgery—the bill was returned a few days after, it having been out of my possession for some months, and I told his father I would advertise him—I was told it was deposited with a man that sold seed, for 2,500l.—I am sure the bill was not all drawn except the date and my name, it was a blank piece of paper—this did not happen in July, 1874, as the transactions did not begin till November—the agreement for the

purchase of the land was not put an end to—Mr. Jones brought me back the bill, and I understood he had paid 2,036l. 10s.—I do not remember a bill discounter asking me to verify the signature—the memorandum book produced was my laundress' book; that is why some leaves are torn out—the entries are copied at the same time—I keep memoranda in a petty cash-book which I have got, but I have not kept the bits of paper from which those entries were copied—the dates 19th, 29th, and 31st October, and 6th November refer to the times when the prisoner had money for the canal—I did not say that if some other gentleman than Mr. Domis had been my trustee I should have been satisfied—I did not think him a suitable person—I doubted the prisoner in 1875, as I heard something wrong about him, and I went to his house and saw his father and himself—they did not tell me that Domis was the purchaser of the canal in trust for us all, until after I accused them of the fraud, then my confidence was all gone—I said in my deposition "I should have been satisfied if I had chosen the trustee"—the prisoner gave me the address of Mr. Brady—I have never seen this letter before. (The letter was dated 8th December, 1875.) The prisoner did not state what the canal would realise annually, he would never give me particulars; I was always asking him; I did not expect 20,000l. from it; I should, have been satisfied with 10,000?., and I was not to receive that at once—that is my signature to that agreement. (This agreement was dated 22nd December, 1874, and recited the agreements of 1st and 2nd December, and stated the terms upon which Mrs. Frampton, having given up her interest, should re-enter the partnership. It was signed by T. A. Jones, J. A. Jones, and Sophia Frampton.) The prisoner told me he was solicitor for Mr. Potter in conducting the opposition to the Hampstead Small-pox Hospital—he did not say his costs were over 1,000l.—Mr. Hudson sued me on a bill—I explained the matter to him, and afterwards employed him as my solicitor; I cannot state the time—he is not my solicitor now—I next went to" Mr. Emmett, a solicitor, about the bankruptcy, and he made an appointment to see the prisoner, which the prisoner never kept, and I was obliged to commence criminal proceedings, as the prisoner would not do right.

Re-examined. In February, 1875, as the prisoner had caused me so much anxiety, I signed the agreement of December 6th, 1875, but there is another to counteract it, and I never relinquished my interest—I first heard of Domis about a year after he had purchased the property—I believe Mr. Domis is the prisoner's brother; he was called as a witness at the police-court.

BENJAMIN RBHOBOTH .KETCHLEE. I was Manager of the Temple Bar Branch of the London and Westminster Bank in September, 1874—I did not then know anything about the purchase of the Basingstoke Canal—the prisoner was then our customer—I did not know him personally—I had made no arrangement with Mrs. Frampton concerning the canal—her name was not known to me—I did not introduce Mr. Brady, and did not know of the proposed sale to him—I was not aware that our bank was appointed to receive deposits for shares—as manager I should know if such arrangements were made—no bill for 500l. was deposited with us, nor 5,000l; from Mr. Brady, nor any money to take up a bill of 500l.—a bill was presented for 500l. on Mrs. Frampton, which I refused.

Cross-examined. I had holidays in September, 1874, when Mr. Millet acted as manager—Mrs. Frampton was not our customer.

GEORGE WILLIAM BRADY . I am a solicitor, practising in Austin Friars—I did not in November, 1875, nor at any other time, enter into a contract

to purchase the Basingstoke Canal for 80,000l., nor agree to deposit 5,000l. with the Temple Bar Branch of the London and Westminster Bank, nor require the vendors of the canal to deposit that sum.

Cross-examined. I wrote this letter to the prisoner—I did not advertise, but 1 answered an advertisement, and in consequence the prisoner called on me many times about the canal—we went into particulars as to the repairs required—he asked me to get him a purchaser for his client's interest in it, and I suggested a loan, upon which I was to receive 2 1/2 per cent.—we discussed the possiblity of forming a company—we arranged to borrow 15,000l., of which 5,000l. were to go towards repairs, and 10,000l. to the prisoner's client, and the property was then to be worth about 80,000l.—3,500l. was to be paid as a bonus to the lender—the prisoner once brought me a map and an Act of Parliament relating to the canal—also a statement of receipts and expenditure for the portion which was worked—I applied to the Mutual Investment Company for a loan, and sent them papers I thought material I do not know the present condition of the canal—Domis was introduced to me as owner.

Re-examined. The prisoner told me he was acting for the owners and mortgagees of the canal, but I don't know who they were.

JAMES MARTIN . I produce a bill on the prisoner's furniture, also a promissory note given as collateral security for 2,337l. 15s. advanced to the prisoner in April, 1876—which was to be repaid in half-yearly instalments in March and September of every year, the first instalment being 584l. 8s. 9d—I have also a claim against Mrs. Frampton, but I cannot give you the amount—I believe it is about about 900l.—I instituted bank-ruptcy proceedings against Mrs. Frampton.

Cross-examined. The prisoner's furniture has been sold—I have not the figures as to the receipts—327l. was the bonus, which means interest—I do not recollect the exact time I enforced my security—I was obliged to do it as the sheriff was in possession—we have not yet received the whole of the money lent—there would be a rebate—I charged 100l. for my own and the auctioneer's expenses—I received no commission—Mrs. Frampton came to me before I sold the prisoner's goods.

WILLIAM HALL WARREN . I am an auctioneer, carrying on business at 35, Cannon Street—in September, 1874, I was instructed by the prisoner to pay Mr. St. Aubyn a deposit of 210l. on account of 5,100l. purchase-money for the Basinstoke Canal—I drew the cheque produced in favour of Mr. St. Aubyn on 14th September, 1874, on the London and County Bank.

Cross-examined. I acted for Mr. St. Aubyn, who, I believe, bought the canal from a Mr. Winnie, and was the liquidator of the Canal Company, which was being wound up in the Court of Chancery—I do not know the particulars of the application to Parliament to supply London with water—Mr. St. Aubyn made a profit on the sale.

WILLIAM ST. AUBYN . I live at New Wandsworth, and am a solicitor—I bought the Basingstoke Canal, from Mr. Winnie for 2,100l., and afterwards mortgaged it to a client of Mr. Ellis, and after that negotiated with Mr. Warren, who agreed to obtain a purchaser, and I received a 210l. cheque from the prisoner as a deposit on a price which was subsequently reduced to 4,026l.—the mortgage was for about 2,000l., but has since been reduced to about 100l.—there are other charges to be paid—besides the 210l., I have

received 50?. from the prisoner, although I do not recollect the date—there is a disputed account and I claim a balance. '.'

Cross-examined. I paid the 2,100?. into the Court of Chancery—the mortgage was subsequent; I afterwards made a cheque to secure 4,000l. to Kimber and Ellis, who were to sell if they could, and if a large sum was obtained they were to have a bonus—as they could not sell it, I tried to do so to several people, and sold it ultimately, to Domis—I did some repairs, and I believe the prisoner repaired the Graywell Tunnel—the portion of the canal repaired and used for traffic made a return of about 300l.

SAMUEL BARTLETT . I am in the service of Messrs. Elllis Co.—on the 8th of May, 1875, we received 2,550?., and on the 27th July 1507. from the prisoner on account of the Basingstoke Canal, and our bill of costs.

Cross-examined. Our costs were about 500l.

WILLIAM FREDERICS WARD . I am a member of the firm of Dixon, "Ward, & Co., solicitors, Bedford Row, who are mortgagees of the Basingstoke Canal—the mortgage took place in May, 1875—we treated with Mr. Charles Domis, through, the prisoner who acted for him as solicitor—we had a valuation made and it was valued at about 12,000l.—the cheque I believe was made payable to Domis' order, and was handed to the prisoner on the 10th May—I hold the conveyance—I object to produce it, as I am the mortgagee.

Cross-examined. I issued a writ against the prisoner in the Court of Chancery—he did not file a bill against me.

ANDREW BEER . I am a clerk at the Temple Bar Branch of the London and Westminster Bank—the prisoner had a pass-book—in pursuance of an order from the Magistrates I made the copy of this account produced from the ledger.

MR. BESLEY objected, as the prisoner had had no notice of this to enable his solicitor to inspect the books.

THOMAS POTTER . I am an engineer carrying on business in South Moulton Street, with my father—the prisoner acted as my solicitor—I paid him 1,203?. in reference to the enfranchisement of some freehold property—I wrote to the prisoner in reference to a cheque paid to him in March, 1875, for 250?. for enfranchising some freehold property, and the prisoner afterwards called on me and promised me the deed, as soon as the Enfranchise ment Commissioners, to whom he said he had paid the money, had completed their part of the matter—I afterwards went to the Commissioners and found the money was not paid—I told the prisoner I had been to the Commissioners—I did not owe the prisoner 600l., but only 71l. odd.

Cross-examined. I took an interest in resisting the erection of a small pox hospital at Hampstead, which was opposed in Parliament—the prisoner's hill was 243l. 7s., but that had nothing to do with the committee—I had another bill off which the prisoner took 100?., and there was another for 86l.—the hospital would have damaged my property—I undertook to pay my brother-in-law's bill of costs and gave the prisoner 50l. to pay it with, but he did not pay.

WILLIAM FREDERICK WARD . I am a solicitor, and acted for Mr. Potter, with regard to the prisoner, in February, 1876—I settled the prisoner's claims for 100?.

WILLIAM LAWRENCE GOMME . I am a civil engineer, residing in Wands-worth—in October, 1875., I received instructions from the prisoner to repair

the Graywell Tunnel; it had fallen in some years before and remained unrepaired—I spent from 600l. to 700l. up to April, 1876.

Cross-examined. The tunnel could not be used; it would not take 4,000l, to put it right—there were other repairs to the canal—the highway surveyor wrote to me about it—I have kept accounts of my outlay—we resumed work last August, and I have spent now something under 800l.—this sum will be added to my own remuneration, which has not been paid.

WILLIAM SCHUDEr EDGAR . I am a member of the firm of Swan & Edgar, Regent Street—I hare known Mrs. Frampton some years—in December, 1875, I lent her 300l.; she has repaid me 200l.—she had some of the prisoner's cheques, but I would have nothing to do with them, as I did not know him.

Cross-examined. I did not look at the cheques—I do not remember a bill discounter calling upon me as to Mrs. Frampton's respectability.

ANDREW BEER (re-called). I now produce the prisoner's pass-book—it has been received made up and sent to him in the ordinary way—I do not know when it was last made up—one book was left February 2nd, 1876—I would swear it was returned to the prisoner before Christmas last, made up to March, 1876—there are marks in the book from which I could tell when it went out; for instance, the entries being made in another clerk's writing would show me it had gone out in the meantime—pass-books are not usually made up every night, the same clerk generally makes up the pass-books—I feel certain the prisoner's book was sent out in February, but won't swear it without referring to another book, which is not here.

GUILTY Five Years' Penal Servitude.

NEW COURT—Wednesday, March 7th, 1877.

Before Mr. Justice Field.

5th March 1877
Reference Numbert18770305-291
VerdictGuilty > pleaded guilty; Not Guilty > no evidence

Related Material

291. JOHN GARDNER (38), and ALICE GARDNER, Feloniously forging and uttering an endorsement to a bill of exchange for 318l., with intent to defraud.


No evidence was offered against


5th March 1877
Reference Numbert18770305-292
VerdictGuilty > manslaughter
SentenceImprisonment; Imprisonment > penal servitude

Related Material

292. WILLIAM STUNT (28), and JOHN COLE (20), were indicted for the wilful murder of William Whale. They were also charged on the Coroner's Inquisition with the manslaughter or the same person.

MR. FULTON conducted the Prosecution; MR. STRAIGHT appeared for Stunt, and MR. A. B. KELLY for Cole.

DAVID FRISWELL . I am a cabinet-maker, and live at Thoyden Road, Bow—on Monday evening, 29th January, I was in company with the prisoner Cole, his two brothers William and Henry, the deceased William Whale, Edwards, and Hares—we were all together in the running-ground of the Teddington Arms public-house—there had been a match—we were all pretty sociable together there between 5 and 6 o'clock—we went from there to the Earl of Devon, and there met a man named Fluence—there was a little dispute there between him and Whale about a shilling—John Cole said to Whale "It was you that got me three months for knocking a man about some time back"—Whale said "You have a good chance with me, I will give you 2s. to have a fight with me," and they went out to have a fight—I stopped inside—Whale was a biggish young man, about 5 feet 6 inches, very stout and very powerful, about twenty-three years old—they

were not more than a minute before they came back—they were parted—a young chap that was with us began singing a song; they had got friendly again—John Cole sat on a form crying with passion—we left the Earl of Devon about 8.30, and went to the Moor's Arms—Whale was rather fresh; he knew what he was doing; they were all about alike—Stunt was with us all the while—we were larking at the Moor's Arms—a dispute arose between Whale and Fluence about Fluence's wife—Whale happened to touch her, and Fluence said "Don't touch her Bill, that is ray wife, what I bought and paid for; if you do I will put a bit of steel into you"—I did not see anything in his hand then—he picked up a quart pot, and Whale tried to get hold of one also—he said "I can get a quart pot as well as you"—the barmaid swept them all off the bar—a constable then came and turned us all out—we then went to the Cotton Arms about 9.45—Fluence began rowing with Whale again about his wife, and said he would put a bit of steel into him if he pulled out a knife—at the Moor's Arms I had taken Whale's part, and said he was in the right, Whale asked me if I had a knife; I said I did not carry one—he then went to Hares and said "Lend me a knife, Sam"—Hares said "What do you want it for?—he said "To cut my nails"—John Cole came up to Whale and said "You are a nice fighting man to want to use knives"—Whale said "I should think so when he wants to use one to me"—then John Cole challenged him to fight, and then a scuffle began between them—I believe Whale was not a prize-fighter, he used to use sparring-rooms—a few blows passed, and the landlord ejected them all—I went out with the rest, and when I got outside I saw John Cole and Whale fighting—blows were being struck by one another—William and Henry Cole took their brother's part; they stepped in between him and Whale—I did not hear them say anything—they were all fighting together then, three upon one—Gregory, who is called Buster, and who had been with us all the time, said "I can't see three upon one," and he took part in the fight in favour of Whale, and Stunt took Cole's part—they were all fighting together—I then saw Whale in the road sparring with one man by himself, I don't know who it was, and two or three were fighting together by the side of the public-house; Buster was one of them—it was not dark, there was light from the public-house—I was holding Whale's coat and hat, and I kept pretty close to him—I then saw John Cole come up with a brick and hit Whale in the head with it—he threw it at him—he was about 5 or 6 yards from him—he came pretty close to him, about as far as I am from the Judge—the brick must have struck him on the eye, and he fell—me and Edwards picked him up and carried him to the wall, and put him on his legs, and held him there—he never spoke—blood was running down his face; it was covered with blood—I did not see where the brick came from—there are buildings going on opposite the public-house—it is a good wide road—Whale was insensible, he could not stand—while we had him up against the wall Stunt came up with a brick in his hand and said "Where is he 1 he has hit me, he shall never hit nobody eke. Stand out of the way or else I will bash you"—Edward said "Don't hit him no more, I think he is dead now; if you want to hit anybody hit me. You shan't hit him no more"—Stunt said "Stand out of the way Tommy, or else you will get it"—with that we both stood away, and Whale fell to the ground, and while he was on the ground Stunt kicked him in the head, I can't say in what part—they then all left us, and we took Whale in a cab to the hospital.

Cross-examined by MR. STRAIGHT. Stunt had been with us the whole afternoon, the same as the rest—he tried to prevent Whale and John Cole fighting at first—outside the Cotton Arms I did not see him till he took part in the fight—I did not see him try to prevent anyone fighting; if I said so just now I made a mistake; I did not hear William or Henry Cole say to Whale "You are too much for him, Bill"—I don't remember saying so before the Magistrate—I did not see them try to hold John Cole back from fighting—I was intimate with them all; I was more with Whale than with the others—I believe he was very good with his fists—Buster is a pretty decent hand with his fists, he attends sparrings as well as Whale; I don't know that any of the others do—I did not see whether Stunt had got a cut under his eye when he came up to Whale, it was rather dark on that side, we were a long way from the public-house—we were dragging him away to the other side—I did not hear him say "The cowardly fellow has hit me foul when I was not looking"—he said "Where is the big coward that hit me, he shall never hit nobody else"—what he said was "He has hit me"—I don't think he said "The big coward"—I don't know whether he did or not, he" might—I don't know how Whale got separated from the rest—I took no part in the fighting—I did not see Cole retreating, and Whale following him up—I think I was the soberest of the party, I was quite sober, and I think Stunt was about the same as I was, about twelve of us had been drinking together all the afternoon—I am not a very great drinker, I only drank now and then, it was only beer, I did not have any spirits—I joined them about 5 o'clock, and from 5 to 10 o'clock we were in public-houses.

Cross-examined by MR. KELLY. I believe Cole said to Whale that he should like to have two or three rounds with him, that was at the Earl of Devon—when Cole came up with the brick he came up sideways—I did not see where he struck him, but when I picked him up his face was smothered in blood.

THOMAS EDWARDS . I live at 13, Canal Road, Bow, and am a twine-spinner—on the evening of 29th January, about 9.45 I was at the Cotton Arms, with Whale, the Coles, Friswell, Hares, and Blister—a dispute arose and Fluence said he would put a bit of steel into Whale, with that Whale asked Hares for knife, and when he was asked he wanted it for he said to cut his nails—John Cole said "You are a nice fighting man to ask for a knife"—he said "I should' think so too when other people talk about putting a bit of steel into me"—they began jangling, I wont be certain, but I think Whale struck Cole first in the public-house—they had a scrimmage in the bar—the landlord turned us all out, I was the last out, and when I got outside I saw Whale and Cole fighting in the road—I did not see the others doing anything, only trying to stop the fight, I believe every man there tried to stop it—I did not see William or Henry Cole do anything; they tried to stop the fight—I caught hold of Johnny round the waist, and said "Don't fight"—he said "Get away from me Tom, you will get me hit"—I then went to the further corner and I saw Fluence coming up, and I said "Don't fight with them people, this is the man that caused all the row," and with that Fluence ran away and I ran after him; he got up to his cart and picked up the seatboard and held it over his shoulder, so I did not go too close to him—I came back and saw Stunt and Whale sparring in the road, and John Cole came alongside and heaved a brick at him and knocked him down; he was about a 1 1/2 yard or 2 yards from him when he threw it—Whale tried to get up and he fell down again, and I rushed and picked him

la and Friswell and Hares helped me get him round the corner, and Stunt came rushing up like a madman with a brick in his hand—he said "Where is the big coward"—I said "Here he is"—he said "Stand on one side Ton, I will bash you with it"—I said "I think he has had enough, I won't land on one side"—me and Friswell begged and prayed of him not to touch him no more, he was bleeding from his right eye; with that, looking lifer myself a little I turned on one side and Whale fell, and when he fell Stout kicked him in the head; I did not see in what part I went and got a cob and we took him to the hospital.

Cross-examined by MR. STRAIGHT. I saw Stunt trying to stop the fight at different times; he was not fighting when I ran after Fluence—I did not hear Stunt say "He has hit me foul"—I noticed next day that Stunt had a black eye—I did not see whether his head was cat open—he did not complain to me that he had been knocked down and been insensible—I had been with Whale from 10 o'clock in the morning—he had been doing the same as I was, drinking sometimes, at other times walking about—I was not drunk when this took place—I was a little bit fresh—I was quite sober when I went to the running match—I can't tell how many public-houses we went into after that, two or three—I did not pay for much, I had not much money—Stunt and Henry Cole paid for some—I believe they all paid—I had two or three 2d. worths of whiskey besides beer.

Cross-examined by MR. KELLY. Whale did not walk after he was struck with the brick.

Re-examined. When I saw him knocked down by the brick I was as sober as I am now.

GEORGE GREGORY . I am known among my friends as Buster—I. live at 25, Driver's Buildings, Mile End—on the evening of the 29th January, I to in the Gotton Arms with the two prisoners and the others—a dispute arose there between Whale and John Cole—Cole said to him "You got me three months for knocking a man about"—Whale said "If you like to go and fight a man it is not my fault"—they then got-rowing in the beer-shop and had a fight—I can't say which began—the potman turned them out, and outside I saw Whale fighting with Johnny Cole, and he licked Johnny Cole, and Cole went to look for a brick—I followed him, and saw him pick up a brick—I said) "Johnny, what are you going to do with that brick?"—I then went away from him, and went to see Stunt and Whale fighting—Henry Cole said to me "I will fight you"—I went to pull Whale away from Stunt, and I hit Stunt in the eye, I believe, to try and get Whale away, and then me and Henry Cole got fighting—Whale and Stunt separated—I said, "I don't like to see three on to one," and I pulled off, my coat to fight Henry Cole, and he knocked me down and kicked me behind the ear while I was down—I saw nothing more of Whale or Stunt and John Cole—I was taken to the hospital.

Cross-examined by MR. STRAIGHT. I did not see Stunt and William Cole trying to part Whale and John Cole, not there, that was at another beer-shop—I did see it—I hit Stunt in the eye to try and get Whale away from Him—I don't know whether I hit him as hard as I could—he did not fall—I did not see Whale strike Stunt.

Cross-examined by MR. KELLY. I did not see Whale kick John Cole—did not say so before the Magistrate, not at the Cotton Arms; at the Moor Arms we were all larking and kicking one another—Whale went to

kick me, and I think he kicked John Cole—I heard Whale challenge John Cole to fight.

CHARLES MORRIS . I am potman at the Cotton Arms—I recollect the prisoners and others coming there on the evening of 29th January, about 9.45—I did not know any of them before—while they were there one of them threatened to put a knife into Whale—Whale did not answer him, but he tried to borrow a knife of another man, who said he had not got one—John Cole said to him "You cur, are you going to fight with a knife?" they had a few words together, and then commenced fighting, and my master and I put them out and bolted the doors, so that they could not come in again—I went out about three or four minutes afterwards; there were then four or five engaged in fighting; there seemed to be one man against four—Whale was the one—I stood looking on for a short time—I then went to attend to my master's door, and when I cams back I saw Whale lying on his face, and Stunt standing over him—I did not see either of the other prisoners doing anything.

Cross-examined by MR. STRAIGHT. I heard Stunt say inside the house, "Don't make a disturbance;" he was trying to make them quiet—I saw Whale with a stick when he first came into the Cotton Arms—I did not see that stick in Stunt's hand when he was standing over Whale—I don't remember saying so before the Magistrate—Stunt took no part in the fight inside the house.

Cross-examined by MR. KELLY. The fight did not commence till Whale had asked for a knife; it was then that Cole interfered and said "you cur, are you going to use a knife?"

JAMES WYBURN . I live at 58, Robert Street, Bow Common—I was in the Cotton Arms on the evening of 29th January, in a side box—the prisoners and Whale and some others came in at the front; they were kicking up a disturbance, and the landlord and the potman put them out—I went out too—when I got outside John Cole was having a fight with Whale—I saw Stunt out there with the others, but did not see him do anything—after they had had a couple of rounds, there was a general fight with the whole lot of them; there were about ten there; three or four got hold of one man, I think it was Buster, and were kicking and fighting him, and they were throwing stones; there was a regular disturbance among the whole lot—I saw Whale knocked down with a stone—I can't' say who knocked him down.

Cross-examined by MR. STRAIGHT. I said before the Magistrate "Three or four set on Whale, who knocked them down as fast as they came at him"—he was hitting out well—I knew nothing of either party.

WILLIAM JOHNSON . I am a M.R.C.S., and senior house-surgeon at the London Hospital—Whale was brought there on Monday evening of 29th January—he was unconscious—he had a very severe blow over the right eye, and was bleeding from the left nostril—he also had an abrasion behind the left ear, and abrasions on the face—he became conscious next morning, and remained so till Wednesday, he then became unconscious and died on Friday morning at 2 o'clock—by order of the coroner I made a post-mortem examination—he had inflammation of the covering of the brain, and of the brain substance itself, and fracture of the base of the brain, extending right across the base of the skull to the opposite orbit; that was on the same side as the bruise over the eye—the blow, from its external appearance, seemed severe enough to cause the fracture of the orbit—it was a fractare

of the petrous portion of the temporal bone—the inflammation was more intense at those points, but there was inflammation in all parts of the brain—matter had formed between the membranes of the brain, and between the brain and its covering; more on the left side—there were two separate formations of matter—a blow might cause the injury behind the left ear—the heart was slightly enlarged, and the kidneys slightly contracted, the rest of the organs were healthy—the blow that might hare caused the injury behind the left ear might also have caused the fracture of the temporal orbit—I have no judgment about whether it was so caused or no—the cause of death was the inflammation of the covering of the brain—I am not able to say whether that was caused by the blow behind the ear, or whether by the injury over the eye—it was caused by one or the other or both—if one blow was given I should say a kick would intensify the inflannation; either of the injuries was sufficient to cause death; if one injury was inflicted a second would accelerate death.

Cross-examined by MR. STRAIGHT. There was no incised wound over the right eve—he was brought in for concussion—I saw no appearance of concussion on the brain; concussion is a symptom, insensibility is a conseqence of concussion; a heavy blow or fall would produce concussion—there was no wound at the back of the head—I should hardly think that the abrasions on the face were such as would be caused by blows received in a fight—they were mere scratches—the abrasion behind the left ear was about half an inch long; it was a very slight abrasion—I am not prepared to say it might not be caused by a sudden blow from a stone; but I can't say positively, it is an unusual thing from a blow behind the ear to get a fracture of the opposite orbit—it is possible—I cant say—from the external appearance it did not look like it—it showed no marks of severe violence.

Cross-examined by MR. KELLY. The contused wound over the eye might have been caused by a blow of the fist, including the fracture—the blow and abrasion at the back of the ear might have been caused by a kick—the blow over the eye might have been caused by a brick thrown at him—I cannot form any judgment as to what the cause was.

URIAH HARVEY (Police Sergeant KB 1). On the evening of 29th January I met Stunt in Baker Street, Stepney—he bid me good evening—he had got a black eye, I believe it was his right eye—I knew him before I said "Halloo, how did you get that black eye?"—he said "I have bean over Bow Common with several others at a trotting match, when we came out several of them commenced quarrelling, Whale said to me 'You are the b——that took Henry Cole's part, are you not?' and struck me in the eye and knocked me down, I got up, we had a fight together, and I gave Mm a good thrashing, and I believe he is taken to the London hospital"—I made answer "I have no doubt he deserved it"—I saw him again on the morning of the 11th of February in Commercial Road—I then told him I should have to take him into custody for assaulting William Whale on the night of the 29th—he said "I will go anywhere with you, Mr. Harvey"—I cautioned him that any statement he made I might use against him in evidence at his trial, and he repeated the same statement.

RICHARD TALBOT (Policeman KR 102). I took Cole into custody on 1st February—I told him it was for being concerned with others in assaulting William Whale—he said "He offered me 2s. to go and have a fight with

him; I went and I had one," or something to that effect—he made the same statement at the station.

GUILTY of Manslaughter. The Jury recommended Stunt to mercy on account of his forbearing conduct in the early part of the affray.

STUNT— Fifteen Months' Imprisoment.

COLE— Five Years' Penal Servitude.

5th March 1877
Reference Numbert18770305-293
VerdictNot Guilty > unknown

Related Material

293. FRANK LOVELAND was indicted for feloniously killing and slaying Joseph Thomas Deeley.

MR. H. GIFFARD conducted the Prosecution; MESSRS. STRAIGHT and GILL the Defence.

GEORGE WHTTLOOK (Policeman E 403). On Monday night, 5th February, about 7 o'clock, I was on duty outside the Folly Theatre, in King William Street—there was a crowd of seventy or 100 persons—the deceased and his wife were standing in the road at the edge of the crowd—a dog-cart driven by the prisoner came from the Strand, going westward, on its wrong side—a Hansom cab was standing on the opposite side—the dog-cart was going about 6 or 7 miles an hour—the deceased was knocked down by the off wheel of the dog-cart—he fell backwards in the street—the wheel struck him on the body—the dog-cart drove away—I ran after it 80 or 100 yards—I called to the prisoner—he looked round, but took no notice—I ran by the side of the horse and took hold of the reins and stopped him—there were two others riding with him—I told him I wanted their names and addresses—they all refused to give them—I said they had knocked a man down opposite the theatre—they said they were not aware that they had knocked any one down—they told the driver to drive away and take no-notice—I took them back to the hospital—I then got their addresses—I arrested the prisoner next morning in King's Road, Chelsea—I told him he would be charged with causing the death of Joseph Thomas Deeley—he said he was not aware when I spoke to him last night that he had knocked any one down.

Cross-examined. I found that he was valet to Captain Beattie, who resides at Hatchett's Hotel—I was standing opposite to the box entrance to the theatre—the crowd was opposite the pit entrance—the road is 26 feet 9 inches wide—there is a public-house nearly opposite the theatre—there was no vehicle standing there—the Hansom cab stood rather more westward—I am not aware that I have ever said before to-day that the wheel of the dog-cart struck the deceased in the body—it did strike him in the stomach and knocked him backwards—I saw him at the hospital after he was taken there—I said before the Magistrate that they were driving at a moderate pace—the deceased was standing with his back to the theatre looking rather in the direction of the Strand and his wife was by his side—he was standing I quite still when the dog-cart struck him.

MARY DEELEY . The deceased was my husband—on Monday evening, 5th February, I was standing with him outside the Folly Theatre in the road-way, on the outside of the crowd—we had been standing there about two minutes—I turned my head away for a moment to see if the doors of the theatre were open—I heard a heavy thump at my side, and when I looked I saw my husband on the ground—he was taken to the hospital and died next morning.

THOMAS NEWLAND . I was outside the Folly Theatre and saw the deceased and his wife there—he was standing as if admiring the lights—he made a

turn to the right and at the same time the dog-cart came and the dash board struck Him on the temple and he fell—I did not see the dog-cart till it booked him down—there was a Hansom cab standing still on the other hide of the way—I did not see any vehicle moving—I helped to pick up tie deceased and take him to the hospital—the constable ran after the dogcart.

PAUL BEUNETT CONOLLT . I am house-surgeon at Charing Cross Hospital—the deceased was admitted there on the on the 5th February—he was (offering from two injuries, one an incised wound over the right temple, and another a lacerated and contused wound about two inches behind the right ear—his clothes were dirty behind as if head been knocked down—I saw no mark of mud in front—he was incoherent—he died next morning from fracture of the skull—I made a post-mortem examination—I found on the left-hand side opposite the frontal wound, a fracture of the skull of about 4 inches, that would be caused either by some sharp pointed instrument, or an instrument that might have been blunt coming rather quickly with some degree of violence—he must have been looking to the right when be received that wound—the wound behind might have been caused by a fall.

Cross-examined. The wound might have been caused by the wing that goes over the wheel of the dog-cart to prevent the mud from coming on it—I found no bruise on the front of his body.

Witnesses for the Defence.

GEORGE STEWABT . I am a waiter at Hatchett's Hotel—on the night of 5th February, I was in the dog-cart, with Doane and the prisoner—we had been to Salisbury Street on Mr. Beattie's business, and were returning between 6.30 and 7 o'clock—the prisoner was sitting on the driving seat in his proper place on my right, and Doane on my left—it is a large cart—as we turned into King William Street, I noticed a large crowd outside the theatre—we were going about five miles an hour—there was a four-wheeler coming towards us and a Hansom was standing still on the opposite side of the road—the four-wheeler met us almost opposite the crowd—there was hardly room for us to pass through, and that was all I could tell until the constable came and laid hold of the horse—I had not noticed anything—the policeman told us to stop, that we had knocked a man down—the prisoner said "I know nothing at all about it"—I said "Turn round, Jim," and we turned and followed the constable—we were not asked for our addresses then, I am positive of that—we were not trying to drive away before the policeman stopped us.

Cross-examined. I did not say "Jim, drive on, never mind," or anything like it—nor did my companion say so—in, getting" out of the way of the—'four-wheeler we passed between that and the crowd.

WILLIAM DOANE . I am groom to Captain Beattie—the prisoner is his valet—he is experienced in the driving of horses, quite competent to drive—I was with him on this evening—before we came to the Folly Theatre I saw a four-wheeler coming towards us—I also saw a Hansom standing near a public-house on the left-hand side—the four-wheeler kept on the wrong side of the road, and we had to pass between it and the people outside the theatre—as we passed I looked up at the illumination—I was not aware of fur having struck or come into collision with anybody, nor did the prisoner seem to know it—we drove on—the first intimation we had of it was the policeman coming up and seizing the horse's head—we were going about

5 or 5 1/2 miles an hour—we did not refuse our addresses, we turned round and drove to the hospital, and there our addresses were given.

Cross-examined. I did not say "Drive on," or anything of the sort.


FOURTH COURT.—Wednesday, March 7th, 1877.

Before Mr. Recorder.

5th March 1877
Reference Numbert18770305-294
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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294. JAMES BROWN (30) , PLEADED GUILTY to stealing part of a watch chain, from the person of John Palmer, having been convicted of felony in May, 1868 Ten Years' Penal Servitude.

5th March 1877
Reference Numbert18770305-295
VerdictGuilty > pleaded guilty

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295. JOHN WILLIAMS (28) , to stealing in the shop of John Moore, and another, two saws and other tools, and afterwards burglariously breaking out of the same— Nine Months' Imprisonment . And [Pleaded guilty: See original trial image.]

5th March 1877
Reference Numbert18770305-296
VerdictGuilty > pleaded guilty

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296. SARAH BUCKLE , to unlawfully making a false entry in a book belonging to Everett Turner, her master, who recommended her to mercy— Two Months' Imprisonment. [Pleaded guilty: See original trial image.]

NEW COURT.—Thursday, March 8th, 1877.

Before Mr. Justice Field.

5th March 1877
Reference Numbert18770305-297
VerdictNot Guilty > unknown

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297. JOHN BUTLIN was indicted for, and charged on the Coroner's Inquisition, with killing and slaying William Harrison.

MESSRS. GRIFFITHS and W. J. DIXON conducted the Prosecution; MR. A. B

KELLY the Defence.

THOMAS PRESTON . I am a costermonger, of 5, Feather's Court, Drury Lane—about 9.30 on the morning of 22nd January, I was standing with my barrow at an oil shop, at the corner of Cumberland Street and Goodge. Street, there is a butcher's shop at the opposite corner, and there was a butcher's cart standing opposite a pork butcher's, three houses above the butchers, the horses' head was towards Tottenham Court Road, and directly opposite that cart there was a little perambulator, or three wheeled track close against the kerb—the butcher's cart was not close to the kerb—there—was another costermonger's barrow between it and the kerb—I saw a four wheeled cab dtiven by the deceased coming from the Middlesex Hospital, towards Tottenham Court Road, he was driving very slow, a jig-jog pace—I also saw a cart driven by the prisoner coming in the opposite direction—he was not driving hard, and he was not driving very slowly, there were some window sashes in the cart standing upright, it was about five or six houses from the butcher's cart, and he went a little bit too far out to get past the butcher's cart, and he hit up against the fore wheel of the-old man's cab and pitched the old man out—I went and picked him up, put him in his cab and took him to the Middlesex Hospital—the pony in the prisoner's cart started with the force of the blow and threw the prisoner and his brother out—a man named Turner stopped the pony close against the cab.

Cross-examined. The butcher's cart was standing outside the barrow and overlapping it; anyone coming from Tottenham Court Road, would have to pass between the butcher's cart and the cab—the prisoner was on his right side before he got to the cart, he then went more out into the centre of the road to pass the cart—I did not see the deceased rise up in his seat as if to look round, he fell close against the kerb; I should say his head rested not above 2 or 3 inches from it—at the time the cab was struck it was about 3 feet 6 inches from the kerb—I think there was room for the prisoner to have passed, or he might have pulled up.

JOHN TURNER . I live at 3, Feather's Court, Drury Lane, and am a costermonger—I was in Goodge Street, with my barrow standing next door to the pork butcher's, the butcher's cart had just delivered some meat there, the cab passed me going about 4 or 5 miles an hour, as I was looking at the butcher's cart I heard a smash, turned half-round and saw the prisoner's cart poked on one wheel, it stood so for about half a second, and the pony made a start and I missed the old man from his box; I did not see the prisoner's cart before the accident—I should say the cab was about 3 feet from the kerb—the prisoner's was a light two wheeled cart, and the pony about 13 or 14 hands high.

ALICE LANDON . I am a servant at 5, Goodge Street, the baker's, I was sweeping the front of the shop and saw a cab coming along very slowly from the Middlesex Hospital, and the prisoner's cart coming from Tottenham Court Road, it jerked up against the cab, and jerked the poor old man off his cab was as near the kerb as could be.

Cross-examined. He fell against the lamp-post, between the kerb and the pavement.

WILLIAM CASLANE . I am a gasfitter of Lonsdale Road, Notting Hill, I was in Goodge Street, within 3 yards of the baker's shop on the left, going from Middlesex Hospital, I saw the deceased's cab going in the direction of Tottenham Court Road at a reasonable pace for a cab—I saw the prisoner's dirt coming from Tottenham Court Road—he was driving fast—he got in collision with the cab, tilted over the wheel, and turned at right angles with the cab—he was in the middle of the road when I first saw him—the cab was about 3 feet from the kerb—there was plenty of room for the prisoner to pass—he had no reason to pull out towards the cab, he was trespassing on the other half of the road—it was 5 feet 7 inches from the gutter to the line of the road; I measured it directly after the collision; he had that distance to spare—in my opinion he could have avoided the accident, but I fancy the glare of the sashes fogged him, and he pulled the Wrong rein.

Cross-examined. I did not see him do so, that is my idea—the collision took place on the Tottenham Court Road side of the butcher's cart—the prisoner had not reached the cart, he was within, about 2 yards of it.

WILLIAM WHITWELL . I live in Prince's Street, Edgware Road—I was delivering meat at the pork butcher's and at the time of the accident I was standing at the tail of my cart—I saw the cab coming along from Middlesex Hospital and the prisoner's cart coming from Tottenham Court Road at between 7 and 8 miles an hour—I am in the habit of driving—he was on his right side near the middle of the road—he pulled off my cart and ran against the cab—there was plenty of room for him to have passed—his pony was a very spirited little thing—he seemed to be well in hand—the cab was about 3 feet from the kerb when the accident happened.

HENRY GRANT . I am a costermonger—I had my barrow by the butcher's cart—I saw the accident—there was plenty of room for the prisoner to have passed the cab—the pony appeared to be pulling him.

ALFRED WOODTHORPE , I am a butcher's assistant—I did not see the accident—I heard a crash and saw the cart capsize, and the prisoner and another pitched out—I think there was room for him to have passed the cab if he had been careful.

ARCHIBALD FROTDON . I am a hatter—I was at work in my shop—I heard a smash and glass break—I looked up and saw a man fall in the road

—I went and helped to pick him up—I saw the prisoner's cart' in the middle of the road on its wheel.'

Cross-examined. The deceased was about 2 1/2 yards from the kerb when I picked him up.

WILLIAM WALKER . I am resident surgeon at the Middlesex Hospital—the deceased was brought there suffering from a fractured thigh from which he died.

LAURA ABSALOM . The deceased was my father—he was sixty-seven yean of age—he was in excellent health before the accident.

Witnesses for the Defence.

ROBERT WEATHERALL . I live in Newman Street, Oxford Street, and am employed in stables—I was in Goodge Street and saw a four-wheeled cab coming from the Middlesex Hospital—my attention was called to the drive from the way he was sitting—he was in a stooping position, as if in great pain in his inside—the reins were 7. or 8 inches on the horse's hind-quarters—he was going at a jog-trot pace of about 3 miles an hour in a careless way—I watched him till he passed me—I saw a builder's cart coming along with two men in it and two sashes—he was coming at about 4 1/2 miles an hour from Tottenham Court Road—the cabman seemed to pull right into the builder's cart, and his fore wheel nearly struck the wheel of the builder's cart, which went over with a crash—the cab knocked the cart over—the cabman seemed to jump off as if he was frightened—I went and held the pony's head—the prisoner pulled out into the road to clear the butcher's cart, which was standing alongside the stall—he pulled out just enough to clear it and not more.

Cross-examined. I am a groom and in the habit of driving and exercising horses—a fast horse can walk about 2 1/2 or. 3 miles an hour—I don't think he can do six—I saw the prisoner try to pull up before the cab went into him, but the cab was into him before he could do so—I could not say whether the pony was pulling—the prisoner is not a friend of mine.


FOURTH COURT.—Thursday, March 8th, 1877.

Before Mr. Recorder.

5th March 1877
Reference Numbert18770305-298
VerdictNot Guilty > directed

Related Material

298. JAMES LOWRY (20) , Stealing an order for the payment of 40l. the property of the London and San Francisco Bank, Limited, his masters. MR. M. WILLIAMS and MR. SAFFORD conducted the Prosecution; and MR. BBSLEY the Defence.

JOHN JOLLY . I live at 41, Osnaburg Street, Regent's Park, which was formerly called Munster Street—on the 29th January, about 1 p.m., the prisoner came into the shop and asked whether I would mind a letter being addressed there—I said that I did not mind, and he asked me to keep it till called for—I said that I would—he could not find his card and wrote "A. Burton" on this paper in pencil (produced) and gave it to me—I did not receive any letter, nor did I see the prisoner again in the shop—on the next day I was fetched to the San Francisco Bank, by Hatcher, and saw the prisoner there, and said that he was the man—I said later on that I should know him better with his hat on—I afterwards saw him with his bat on and seemed to know him better.

Cross-examined. The person who came to my mother's shop was a perfect stranger to me—he might be there five minutes—it would take about an hour to walk from Osnaburg Street to Old Broad Street—a

gentleman from the bank called at my mother's shop one or two days' afterwards and asked me whether the person who wrote the paper was a young man and he looked ill—I said "I cannot tell for I did not take any notice"—he asked me whether the person was dark or fair—I said "I do not know, because I did not look at him"—I was taken to the bank—the prisoner was there and I was asked "Is that the man?"—I hesitated a little because I was not quite certain—I was afterwards told by the police sergeant and persons connected with the bank, that the prisoner was no doubt the culprit—I said that I had no doubt about it—Thornhill and Payne asked me whether I was positive about recognising Lowry—I said that I had only seen him once and could not exactly tell—I also said that 1 was afraid to say that I did not recognise him lest I should be implicated and put down as an accomplice—I could not tell what the man was like.'

Re-examined. Thornhill and Payne came to me last week and wanted to know when the trial was coming on, and how I could be quite certain that it was him—I said that I could not be quite sure—I only saw the man once—the prisoner looks a little like him.

JAMES DAVIS . I am acting secretary to the London and San Francisco Bank, 22, Old Broad Street—the prisoner was a junior clerk-in their service—it was part of his duty to receive letters and keep the bill and postage stamp account—if any letters were re-addressed it was his duty to re-address them—about 15th November, Dr. Andree called at the bank and gave me certain directions—about 5th December I received from San Francisco a list of drafts, among which was one in favour of Dr. Andree for 40l.—on 29th January as I was leaving the office I received this letter addressed "To the manager of the Bank," which I believe to be in the prisoner's writing. (Read: "44, Munster Street, Regent's Park, 29th January, 1871. Dear Sir,—The enclosed cheque I received from Dr. Andree about 'three weeks ago, but I have not been able to get the money for it; and as I am an invalid and have no friends in London I send it to you and hope you will kindly pay it as soon as possible, as I am in need of money. I do not know how you can send the money unless it is by P. 0. 0., and hat will cause expense, so please deduct it from the amount, 40l. I hope you will pardon me for troubling you so, but being an invalid I am unable to go any distance. A. Burton. P.S.—Osnaburgh Street post-office is the nearest one to me.") This is the draft: "13th November, 1876. San Francisco. Please pay Adolph Andree or order (duplicate cheque being unpaid) 40l., and charge the amount to the London and San Francisco Bank, Limited. J. W. Minter, manager. A. Findwich, accountant,"—this is the same kind of paper which is used at the bank, but it has been cut down—it is not used there cut down—on the following morning the letter and cheque were placed before the manager and I gave 40l. to Hatcher—the prisoner was not an invalid at that time—he was under notice to quit at the end of March—I produce a certificate of the incorporation of the bank.

Cross-examined. The prisoner had been there about three years—it is required that the clerks shall go to San Francisco if required—the prisoner was required to go there and declined—no fault was found with him and he was given three weeks to find something else—he has said to me on one or two occasions that Hatcher was hard upon him—I do not know that complaints followed on the prisoner accidentally meeting Hatcher in

the Strand late at night—I never heard that before—the letters are made up after the bank is closed, the very last thing, and it is Adam's duty to post them—I never saw the letter to Dr. Andree"—I should say that he is in Egypt—I do not know where to find him—the documents are usually drafts in duplicate—there is no water mark or maker's name on the paper, but it resembles ours in colour and quality—I do not mean to say that you cannot buy thousands of reams of it in London.

Cross-examined. In this letter which I say is the prisoner's writing the capital I's are finished off at an acute angle, but not invariably with a loup—I found my belief on the general similarity of the writing—there is no special point—I do not see any case in the prisoner's letter where the crossing of the is not carried through—it is carried through is "Minister Street," particularly—in the words "I send it to you and hope you will pay it," the t's are crossed through—I find no instance in the prisoner's letters where the "t's" are not crossed through—all the y's are made with a loop, they are not all formed without a loop—in the prisoner's undoubted letter you will see the word "day" in the third line which is not—the y's in the signature and in "yours faithfully" are made without the loop—the figures "7" are very different in the two letters—in the letter I produce there is an equal margin on each side—this letter being placed before me without any other circumstance I should not say that it is the prisoner's writing.

Re-examined. Comparing it with the letter before me and my suspicions having been aroused I thought it was the prisoner's writing and I think so still—this signature, (to the letter of 29th January) I should say is the prisoner's—the "B" on the draft agrees with this "A. Burton," and I say that it is the prisoner's writing.

DANIEL HATCHER . I am a clerk in the London and San Francisco Bank—these documents A and B were handed to me with 40l. and certain directions, inc onsequence of which I went to ii, Osnaburg Street, when I had a conversation with Jolly—I saw his mother first—I received from Jolly this signature in pencil "A. Burton," which I believe to be the prisoner's writing—I know his writing—this is his writing on the back of this draft—we have similar paper to this—I have not the slightest feeling against him on any account whatever.

Cross-examined. I have never been harsh with him in any way—I did not say to my fellow clerk, Adams "Did he see me?'" in reference to my coming out of a house in Wych Street late at night—I did not in coming out of a house in Wych Street accidentally come across the prisoner—I did not know that he had seen me.

JOHN EDWAED ADAMS . I am a clerk in the London and San Francisco Bank—about 6th December the prisoner told me that he had posted two packets of letters early in the day, to Dr. Andree and Harriett E. Mow, and that he had paid 7 1/2 d. on one and 5d. on the other—it was my duty to enter those sums in this book from the letters themselves, not from his dictation—I have here in my writing on 6th December 7 1/2 d. entered for Dr. Andrei's letter—this entry of H. E. Mow's letter is also mine—the other entrees that day are in the prisoner's writing—the total at the bottom is in my figures—the prisoner stamps the letters and enters them in a book and I check them and add them up—I took the prisoner's word as I had done before.

Cross-examined. These are the last two entries on the 6th—I put in the

day of the month in red ink at the end of the day, because the prisoner had not put it in—I noticed Andrew's letters at the end of the day—I believe the other letters that day were all posted by myself except those two, or else he would have put them down—he sometimes posted letters for me—I do not remember a bill of 19,000l. being given by Skinner to the prisoner with a document attached to it, to take for acceptance, but I conclude from the books that he had that bill to take out on 29th January—Skinner is here—it was George Crashaw & Co.'s bill—the prisoner had two other bills that day, one of which was for 12,000l.; I do not know at what time he went out with that bill—I have had no conversation with Hatcher, as to the prisoner and two companions accidentally meeting him in the neighbourhood of Wych Street—I did not tell Hatcher, but I heard of it on the morning after—the prisoner constantly complained of Hatcher's harshness with him—there were complaints both before and after the matter to me, not to Mr. Hatcher.

HENRY RANDALL (City Detective Sergeant). The prisoner was given into my custody at the bank; I told him it was on a charge of stealing a letter and a cheque for 40l.—he said "I am innocent of the charge; I. remember about that time posting a letter to Dr. Andrei, but I know nothing about it."

MR. BESLEY submitted that as Dr. Andrei was not present, there was no proof that the letter did not come into his possession, in which opinion the Court concurred.


5th March 1877
Reference Numbert18770305-299
VerdictNot Guilty > unknown

Related Material

299. JAMES LOWRY was again indicted for feloniously forging and tittering an endorsement to an order far the payment of 40l. with intent to defraud.

JOHN JOLLY, JAMES DAVIS, DANIEL HATCHES, JOHN EDMUND ADAMS , and HENRY RANDALL, stated that the evidence given by them in the last case was correct.

The prisoner received a good character.


5th March 1877
Reference Numbert18770305-300
VerdictNot Guilty > no evidence

Related Material

300. JAMES LOWRY was again indicted for unlawfully attempting to obtain 40l. from James Davis, by false pretences, upon which MR. M. WILLIAMS offered no evidence.


5th March 1877
Reference Numbert18770305-301
VerdictNot Guilty > unknown

Related Material

301. WILLIAM WINGER (21) , Feloniously assaulting Bridget Regan, with intent to rob her.

MR. PUBCELL conducted the Prosecution; and MR. HARRIS the Defence.

BRIDGET REGAN . I am a widow, and have lived at 27, Castle Alley, fifteen years—one Sunday morning, I was going home and lost my way—I met a woman and asked her to direct me to Whitechapel—the prisoner who was standing on the kerb said "Where do you want to go?' I will take you correct"—I said "Be aware young man where you are taking me".—he said "I am taking you correct; this way"—I said "No, you ought to take me that way, or that way"—he said "I am cutting a mile or so off," and he took me down some sort of road which he said was a short cut—he then tried to get the earrings out of my ears, but he found they were fastened and let them be, and then he put one arm round my neck and the other on my throat—I said "I am done now," and struck him twice in the face—he threw me down—I hallooed manfully and he said "Oh, you old sow, can't you hallo?"—I got up and he downed me again in a, place where there is all brickwork and a wall, and ran away—a gentleman then came to me and I did not see the prisoner again till he was at the station.

Cross-examined.) I sell watercresses—this happened three miles from my house or rather more—I was not drunk—I might have had a quartern or a quartern and a half of gin in the course of the day but nothing else—it might be 12.10 or 12.15 when the prisoner met me—he was an hour or an hour and a half dragging me about, and I must have had strength to abide—it was 2.30 a.m. when he was locked up, and during those two hours ha was dragging me about—he did not try to take liberties with me—he did not hurt me when he tried to get my earrings, hut he kicked me in the hips—what a strange affair!—I have had nothing to drink to-day—the rings are locked into my ears quite correct—Mr. Van, the solicitor at Worship Street, said that I am a common woman but here are my marriage lines—I have not said what a fool the young man was that he did not give me some money, or that if he had given 'me some money I would not have appeared against him—you can't get nothing out of me.

RICHARD WILDET (Police Inspector K). On 4th February, about 2.30 I heard cries of "Police," and proceeded towards the spot Fairfield Road, Bow, where I saw the prisoner holding the prosecutrix by the wrist and hand, and dragging her along—he kept hold of her till I got about 20 yards off—I heard her call him a villain and a scoundrel—he could see me as it was a bright night—he gave her a push and said "There go on, that is your way," and walked away from her—I spoke to her and then went after him—he commenced running as soon' as he saw me—I ran 150 yards, caught him, and told him I should take him into custody for assaulting the old lady, and attempting to steal her earrings—he said 'I will go with you"—she was the worse for drink—the skin was off the side of one of her fingers and off the side of her face, and her clothing was dirty as if she had been on her back—she was the worse for drink but she knew what she was about.

Cross-examined. She was resisting him—I had not been on that beat within twenty-four hours—another constable would be by there every forty minutes—he is not here—I have found out that the prisoner's father is in the employ of the Lea Conservancy, and that he has been so also; but he was not at work there that night, he was dismissed the service.

Witnesses for the Defence.

LOUISA CLARK . I am a staymaker and live in Hunt Street, Mile End New Town—the prisoner has kept company with me for a long while—on this Saturday night when he was committed, about 6 o'clock, he came to our warehouse and took me to a place of amusement where we met Mr. Pope, his foreman—we all three remained together some time and parted with Mr. Pope about 12.30, at the corner of Great Garden Street, Whitechapel—the prisoner then saw me home and got to our place about 12.30 as near as I can say—he was quite sober—he came—into our house and remained there an hour—my mother was there—she knew of our engagement—it was 1.30 when he left—it would take from three-quarters of an hour to an hour to walk from our house to Fairfield Road, Bow—he bears a very respectable character and is admitted by my father and mother as my sweetheart.

Cross-examined. He took me to the East London Theatre, which is ten minutes' walk from our house—we stopped to the end, which was about 11.50—we then went into a public-house nearly opposite, with Mr. Pope and stood talking till nearly 12.20—I am quite sure of the time when I got home, because I was scolded when I got in about the time—the prisoner

has taken me to theatres very nearly, every Saturday—he usually takes me home earlier than that—I do not know what fixes this Saturday upon my mind—we have met the foreman before, but not on Saturdays—the prisoner lives at 50, Clay Hall Road, Old Ford—I do not think that street is a thoroughfare—my mother asked him to stay on that night, as we had a few friends there, my married brother and my sister—that is a very unusual tiling; he very seldom stopped on the other evenings when he saw me home.

Re-examined. What I have told you occurred on the night that he was locked up—I knew on the Sunday morning that he was locked up, his sister came round and told me, and I went to Worship Street on Monday, but did not get in—I was outside—the prisoner's solicitor said that if we were wanted he would come out and fetch us, and when he came out he said that the prisoner was committed for trial.

SARAH CLARK . I am the mother of the last witness, and live with her at Hart Street, Mile End New Town—I am quite aware that the prisoner was courting my daughter, and so was my husband—the prisoner was at my place on the night before he was taken into custody, from 12.20 or 12.30 till 1.30—I have known him between three and four months, he has always conducted himself as a respectable young man, who I was very glad to see courting my daughter—I was at the police-court on the Monday—none of us were called in to give evidence—we were outside—we did not know the case was over till they came out and told us.

Cross-examined. The prisoner has often come home with my daughter from theatres—I fix the hour on this night because it was extra late when he brought my daughter home—I asked him in, and he stopped there over an hour, as I had a friend or two there—it was only my daughters and sons—I heard next morning of his being in custody—there was no drinking at my house.


5th March 1877
Reference Numbert18770305-302
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

Related Material

302. FREDERICK FUTE (41) , Stealing four coats, four pair of trowsers, and other articles, the property of William Spence.

MR. MILWARD conducted the Prosecution; and the evidence was interpreted to the Prisoner.

EMMA SPENCE . I am the daughter of William Spence, housekeeper, at 145, Minories—I am eleven years old—on 1st March, between 5 and 6 p.m., I heard a noise, went downstairs, and found the prisoner taking some clothes from a cupboard on the stairs—I called out "Father," and the prisoner threw the clothes down and ran downstairs—my father came, I ran down with him and the prisoner was at the door—he went out and pulled the door after him—I followed him—he was stopped in Jewry Street—I did not lose eight of him.

WILLIAM SPENCE . I heard, my daughter call out "Father," I ran down, but did not see the prisoner, he had gone and the door was open—I saw Faint running after the prisoner, I ran also—he was caught in Jewry Street and I gave him into custody—he has no right on the premises.

CHARLES FAINT . I am employed in this house—I was coming out at the office door and saw the prisoner going upstairs—I spoke to one of our clerks, and a few minutes afterwards the prisoner came running down-stairs again; he ran against me, and I said." What do you run against me for?"—Mr. Spence, who was upstairs, called out "Follow that man, Charley"—I ran after him, and lost sight of him just as he turned the corner of the

Minories, but I followed him into Jewry Street—I am quite positive the prisoner is the man—I laid hold of him, and he said in English "What for do you want to catch me? what for do you want to stop me?"

JOB BODMAN (City Policeman 703). I saw the prisoner run into Jewry Street and Spence close behind him, he laid hold of him and gave him into my custy for stealing some things from the second floor of 145, Minories—he said "It is all false, I know nothing about it, what do you take me for?" in plain English—on going back I found the clothes (produced) all scattered about—I took him to the station, where he said, in plain English "It is all false what they say, they can't hurt me"—I found on him a pawn ticket for a pair of trowsers, 1s. 8d., six keys, and a knife—he gave his name "Frederick Fute"—the inspector asked him his address, he first said some street in Whitechapel and then some street in Shoreditch, all in English.

Prisoner's Defence. (Through the Interpreter). I am innocent. I know nothing about it. I do not know that I did anything wrong.


He was further charged with having been before convicted of felony in the name of William Kettle.

GEORGE LOCKYER . I was present when the prisoner was convicted at this Court, in 1869 he was sentenced toseven years' penal servitude; he pleaded guilty to the offence, but not to a previous conviction charged against him.

WILLIAM NEWMAN (Detective Officer H). I know the prisoner in the name of Frederick Shlater—I was present at Middlesex Sessions, on 19th February, 1866, when he was convicted, and I was here, in 1866, when he was convicted of burglary and sentenced totwo years' imprisonment.

GUILTY Eight Years' Penal Servitude.

5th March 1877
Reference Numbert18770305-303
VerdictGuilty > lesser offence

Related Material

303. JOSEPH LAMPKELL (26) , Feloniously cutting and wounding William Meek, with intent to do him some grievous bodily harm.

Mr. Purcell conducted the Prosecution; and Mb. Montagu Williams the


WILLIAM MEEK . I used to keep the Robert Peel beer-house at Plaistow—on 23rd February, about 8 o'clock, I was at Blackwall—the prisoner came in and asked me if I knew his wife—I said "No," and that I did not want to know him or his wife—he used bad language to Mrs. Sunderland, and I told him he ought to know better—he said "I will do something to you directly," and made a rush at me—I saw him draw something out of his pocket, I saw it shine—he struck at me with his right hand, and I struck at him with my left, and the knife cut my trowser's leg—I flung him on the bed and then felt something run into my back—I shouted out "He has stabbed me!"—I felt him turning something in my back and I lost all power—he had ran away—I had seen him once before, but never spoke to him—it is Mrs. Sunderland's house.

Cross-examined. She is a boiler-maker's wife—I do not know her husband—I was washing my hands in a bed-room—I asked her if she would allow me to wash my hands and face, having been out all day—there was no light in the room, it was dark—nobody was at the door of the room but myself Mrs. Sunderland was in the house, but I do not know where she was—she had just given me a towel—I was dressed—I had seen the prisoner twice before, once at Barking Station and once at Mrs. Sunderland's house—I had not been out with Mrs. Sunderland that day, but I met her

and the prisoner's wife in a public-house the day before and gave them a glass of ale a-piece, and was with them ten minutes or half an hour; they were sober—I knew that one of the women I treated was the prisoner's wife—I lodged with her in the same house for about three weeks three or four weeks before—she told me that her husband was at sea.

ELIZABETH SUNDERLAND . I am the wife of James Sunderland, of 2,—Queen's Terrace—on the night of 23rd February Meek was at my house—I saw him come in—he asked me to allow him to wash, his hands and face, and I got him a basin and water—the prisoner came in and Meek said "Mr. Lamprell, do you know anything about my wife," and he said "No, and don't want to know"—the prisoner used bad language to me—I was just outside the door—Meek told him not to use bad language—he said that it made no odds to him—the prisoner said "If that was a sister of mine I would punch your head," and made a rush at Meek—I did not see any more, because the table went over and the lamp went out—Meek said. "Bring a light, I am stabbed."

Cross-examined. My husband was at sea—the prisoner said "What are you doing with that man in your bedroom and Jim at sea?"—he had been in my room about five minutes before that—he lives down by the Victoria Docks, I do not know how far off that is—I had not seen him before on that day, but I had the day before, when I met him by accident, and we had a glass of ale at the Woodstock—when he came in he took the light out of the room where we were, and took it into the bed-room—I went in after him, when I heard them having a few words; the table was not overturned then; they had not began to fight then—when the prisoner made the rush the table was overturned and the lamp went to the ground, but I saved the bottom of it with my hand—they then fought in the dark—I did not see the prisoner with a knife.

Re-examined. I was standing against the door—the prisoner's back was to me as he talked to Meek.

DAVID BEATSON MURDOCH . I am a physician, of 9, Queen's Terrace—I examined Meek and found a small angular wound of the shape of the letter L between the seventh dorsal vertebrae and the lower part of the blade bone, about 2 1/2 inches from the spine; it was composed of two incisions, each about an inch deep—there was no danger from the wound itself, because it struck against the bone; if it had penetrated the chest it would have been very serious.

Cross-examined. Anything very sharp would do it, but not a piece of glass, because the clothes were cut so clean—the point of an iron nail would not do it; the edges were clearly incised.

BY THE COURT. He had on a woollen outer jacket, a waistcoat, and two shirts, and they were all cut through—the outer jacket had two cuts, but it might have been rucked up.

GEORGE MELLISH (Policeman K 459). I took the prisoner the same evening and charged him with stabbing Meek—he said "I am sorry," and asked to be allowed to finish his writing—I searched him, but found no knife.

GUILTY of unlawfully wounding—Recommended, to mercy by the Jury Fourteen Days' Imprisonment.

5th March 1877
Reference Numbert18770305-304
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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304. WILLIAM WILSON (27) , Feloniously cutting and wounding Thomas Turner, with intent to maim and disable him. Other Counts—for assault and robbing him of 5l. 7s., his monies.

MR. BESLBY conducted the Prosecution.

THOMAS TURNER . I am over seventy years of age—on 13th February I was in an upstairs room of No. 1, Upper Park Place, Dorset Square—there is a counting-house behind the shop—I heard a knocking, ran down without my hat, and saw the prisoner in the shop—he said "I have been knocking some time"—I said "It is a shame, and I am sorry for it; what is it you want?"—he said "Change for a sovereign, or two if you have it"—I said "I think I cannot, but if you will walk into the counting-house I will see" I—he followed me; I sat down at a desk, unlocked it, and took out a bag of silver—he put down some gold—I counted out 1l. worth of silver, and as I was getting the second pound I received a blow on the back of my head which stunned me, and when I came to myself I was on my back, and saw him taking the silver—he stepped over me and walked out—I called to my son, who ran after him—I saw some blood where I lay, and a 7 lb. weight, which had been at the end of the counter, was a few feet from where the prisoner had stood—I found a florin on the floor, and the canvas bag was gone—there was about 6l. or 7l. in it, I do not know positively.

WILLIAM TURNER . I am a clerk in the wine trade—I was upstairs when my father was called, and shortly afterwards heard a fall—my father called me, and I went down and saw him staggering in with blood all over his head—I ran out, and saw the prisoner running—nobody else was by—I came up to him and gave him in charge—he was out of breath—I charged him with striking my father on the head with a weight—he said "I did not do it."

DAVID HORSMAN (Policeman D 249). I stopped the prisoner, who was running in Great Quebec Street—he said that he had knocked the prosecutor, and that I should have done the same if I had been abused as the prosecutor abused him—he escaped from me, but I captured him 200 yards further on—he said that he took up the bag of silver to throw at the old man, but instead of doing that he put it in his pocket—I found on him 5l. 10s. 8d., some of it loose and some in the bag, and two sovereigns.

WILLIAM SEDGWICK , M.R.C.S. On 13th February I examined Turner—he had a severe contusion on the back of his head, with laceration of the scalp—he was under my care some time—it might have been caused by I this weight (produced).

THOMAS TURNER (re-examined). This is my bag—I' did not abuse the prisoner in any way.

CHARLES WOODHAM . I am one of the warders of the House of Detention—the prisoner wrote this letter there—these are my initials upon it—I gave him the paper to write it. (This was from the prisoner to the prosecutor, in which he said "I am truly sorry for what I have done. I waited about three minntes, and was in a great hurry to get into the City on business; you made some indistinct remarks, I was greatly excited, and threw the weight at you. I took up my two sovereigns and a bag containing silver, and was going to throw the latter also at you, but heard your son coming and left, &c. In mercy, sir, do withdraw from the prosecution.")

The Prisoner in his Defence repeated the above statement.

GUILTY Seven Years' Penal Servitude.

The two sovereigns were ordered to be given to the Prosecutor.

5th March 1877
Reference Numbert18770305-305
VerdictGuilty > pleaded guilty; Not Guilty > unknown

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305. CHARLES HENRY SMITH (26), and JOHN DRAPER (20) , Burglariously breaking and entering the dwelling-house of Thomas Fine, with intent to steal; to which SMITH" PLEADED GUILTY **— Eighteen Months Imprisonment.

MR. A. B. KELLY conducted the Prosecution.

MICHAEL MURRANE (Policeman B 118). On 18th February, about 5 o'clock a.m., I was on duty in Pont Street, Belgrave Square, in front of Mr. Flue's house, and saw Smith come out with his boots in his hand—Draper followed" him—I ran, and Smith called out "Across, look out Draper ran towards Sloane Street—I pursued Smith up Eaton Place and through Harriett Mews—I was near the House of Detention while Smith's case was being enquired into, and saw Draper there—I recognised him, and saw a man join him—I followed him to Marylebone, and he went to 40, Boston Place—I was with Taylor when he was arrested.

WILLIAM TAYLOR (Detective Officer B). I went with Burton and took Draper at 40, Boston Place, Dorset Square, Marylebone—I told him I was a policeman, and had come to take him in custody for being concerned with a man in custody for burglariously breaking and entering 3, Pont Street, Belgrave Square—he said "Then I must go with you"—I searched his room, and in a box found these seventy-four keys, two or three of which are skeletons, and a plated candlestick with the crest erased.

HENRY DDRRANT (Policeman B 181). On this Sunday morning, at 5.10, I was on duty in Harriett Mews, which is at the back of Lowndes Square, and heard some one running—I stood still, and saw Draper run round a corner—he went about 10 yards and broke into a walk—I turned my light on to his face, and he turned into Malkin Street—on the next Wednesday I saw him at Cottage Road station," and identified him.'

Cross-examined by Draper. I did not point you out, but I told the sergeant privately that I recognised you—the sergeant said. "Did any of you men see this man before?"—I said "I saw him come from Harriett Mews on Sunday morning, but I did not know he was "a burglar, I did not know what he was"—I was about 35 yards from you in the mews.

Witness for Draper.

ESTHER DUNTHORNE . I live at 25, Paddington Street—on Saturday evening, 17th February, I went to Draper's place, 40, Boston Place, at 10.30, and stopped till 11.30, when he was just getting into bed—I am his mother-in-law—his wife was with him—I did not see him next morning.

Draper's Defence. I want to know why this man did not hear the spring of a rattle and the cry of "Stop thief," only 200 or 300 yards from the house in the dead of the night.

HENRY DURRANT (re-examined). There are two ways into the mews, and Draper came in a direction from Sloane Street—he was examined before the Magistrate on the same day that he was apprehended, but I did not give—evidence, because I did not hear anything about it, I was out on duty—I told the sergeant before I went home that I recognised him, but he did not tell me to stop and give evidence—I recognised him on Wednesday morning and appeared against him on the following Monday.


5th March 1877
Reference Numbert18770305-306
VerdictNot Guilty > unknown

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306. ALFRED GODALL (15) , Burglariously breaking and entering the dwelling-house of George Ewart, with intent to steal.

MR. FRIKELL conducted the Prosecution.

WILLIAM STONE (Policeman S 124). On the night of 10th February, I was on duty in the Euston Road, and found two panels broken out of Mr.

Ewart's door, at the bottom—I took my lantern and found it was newly done—I looked through the hole and saw the prisoner run across inside—several persons came down Fitzroy Place—I asked them to go round and pull the bell at Mr. Ewart's, but they all refused—I asked a gentleman to send a constable, and while doing so the prisoner came out at the hole, caught me by my legs and threw me down—I got up and he commenced kicking me and kicked a piece out of my left leg—the whole lot in the court rushed on me, and in trying to drag him from me, dragged me all over the place, and I was obliged to draw my truncheon—two constables came, and we took him to the station with great difficulty.

Cross-examined by the Prisoner. I did not spit in your face or pinch you, or give you a black eye, and you never complained of it till now.

JAMES WALLIS . I am foreman to Mr. Ewart—I fastened up the place at 2 o'clock on the Saturday afternoon, and when I returned on Monday I found the panel broken—I missed nothing.

JOHN GODDARD . I am Messrs. Ewart's carman and live on the premises—on 10th February, about 11 p.m., I was aroused by Stone and found the panel-broken open—it was safe shortly before 10 o'clock when I locked up the premises.

Cross-examined. I did not see you playing at cards in the court.

The Prisoner called

----Good all. I am the prisoner's father; he is a hard-working, industrious lad, and was never in trouble before—he was playing at cards outside all the afternoon—I saw him last about 10 o'clock in the evening, and I saw this place broken open at that time—the boy did not do it—he was gambling and ran into this place to hide from the policeman.

JOHN GODDARD (re-examined). I heard a row before I was roused by the police, but I did not know that it was anything concerning us—I found the door open but did not find the bits—I suppose they were carried away by the mob—I found no disturbance of the property—the latest time I saw the door safe was about 10.15—it was a 4l. door with two bottom panels—there was no mark of any instrument where the panels had been cut—I did not see the prisoner that night.


NEW COURT.—Friday, March 19th, 1877.


5th March 1877
Reference Numbert18770305-307
VerdictGuilty > unknown

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307. DONALD HENRY OLISON (23) , Unlawfully failing to discover his property to the trustee in bankruptcy. Other Counts varying the form of charge.

MESSRS. STRAIGHT and HORACE AVORY conducted the Prosecution; and

MR. BESLEY the Defence.

CHARLES GROSJEAN RENE L'ENPANT . I am a clerk in the Court of Bankruptcy—I produce a file of the proceedings in the bankruptcy of the defendant—the adjudication was on 11th December, 1876, the trustee was appointed on 8th January, 1877, a statement of affairs was filed on the same day, by which unsecured creditors appear at 876l., assets nil, book debts are put down at 80l., estimated to produce nothing; cash in hand nothing; the petition was by the Fore Street Warehouse Company and Messrs. Hitchcock, Williams, & Co.—there is an order for the bankrupt to surrender on 8th January—he did not surrender.

Cross-examined. The meeting on 8th January was for proof of debts and appointment of trustee—the bankrupt is generally asked for at that

meeting—the debt of the Fore Street Company is 40l. 14s. 1d., and Messrs. Hitchcock's 28l. 15s.—the alleged act of bankruptcy is departing from his dwelling-house and absenting himself, with intent to avoid his creditors—the only address on the proceedings is 23, James Street, St. Luke's, where he had one room as an office—a summons was put on the door there—he was in custody on 29th January—the day for his final examination was 7th February.

GEORGE CHANDLER . I am a public accountant, of 15, Coleman Street—on 8th January I was appointed trustee of the prisoner's estate—since my appointment the prisoner has not communicated with me in any way; I never saw him till he was in custody—he has given me no information or any account of his property, books, or papers—I endeavoured to—discover his thereabouts and failed to do so until he was taken into custody—on 31st January I received from Sergeant Outram some invoices and documents relating to his affairs, and also 17 yards of cloth.

Cross-examined. I have acted for the Fore Street Company in other cases where they have been creditors, and very likely for Laurie, Hitchcock,& Co., I am well known to that branch of the London trade—I was not consulted Preference to making the prisoner bankrupt—I was asked to become trustee a week or two prior to 8th January—I never was on the prisoner's premises, I sent a clerk there to try to serve him with a notice.

JAMES CHAPMAN . I am cashier to Hitchcock, Williams,& Co., of St. Paul's Churchyard—the prisoner is indebted to us 37l. 8s. 3d. for goods supplied—I attended the meeting of creditors on 11th December—Messrs. Ashurst& Co. were instructed to—act—some time after that, about 20th December, the prisoner called and wanted to make a statement—I accompanied him to the office of Messrs. Ashurst & Co., and saw Mr. Austin—Mr. Austin told him that any statement he made would be taken down by a shorthand writer—he made a statement in my presence which was taken down.

Cross-examined. When the prisoner called on 20th December I told him his affairs were in the hands of the lawyers, and if he had any statement to make he had better make it to them—he did not express great surprise at being told that he was a bankrupt.

EDGAR AUSTIN . I am articled clerk to Messrs. Ashurst& Co:, solicitors—I have the management of the bankruptcy department—on 20th December Mr. Chapman came with the defendant to our office—I asked him if he had any statement to make for the information of his creditors—he said he was ready to answer any questions—I said if he wished to make any statement I should have it taken down in shorthand—I called Mr. Goodship, my shorthand writer, in, and the prisoner made a statement which was taken down it was in answer to questions by me.

Cross-examined. I explained to him that he had been made a bankrupt.

EDWIN GOODSHIP . I am a shorthand clerk in the office of Ashurst& Co. on 20th December, I took down a statement made by the defendant in answer to questions put by Mr. Austin—I produce a transcript of my notes, it is correct. (Read.)

MATTHEW AARON WORMS . I am a merchant, of 24, Leadenhall street—I We known the prisoner two or three years—in October last he called and asked me to allow him to make a consignment of paper through me to sydney; imagining him to be a traveller, I said I should like to see his principal—he said his brother was the principal, but he was very ill and not

able to attend—I arranged to advance him two-thirds—I gave him this cheque for 80l. on the London Joint-Stock Bank—I sent a clerk to inspect the paper—the prisoner called next day and brought the hypothecation note signed, and this letter, purporting to come from his brother, dated 12th, October, and signed D. H. Olison.

HENRY KIRKBY . I am a cashier at the London Joint-Stock Bank, Prince's Street—Mr. Worms has an account there—I cashed this 80l. cheque on 12th October and gave for it four 20l. notes, Nos. 96,285 to 96,288.

WILLIAM SAUNDERS . I am ledger-keeper at the Newgate Street Branch of the Central Bank of London—on 26th June last the prisoner opened an account there with 30l.—on 14th November there was a balance there of 1s. 5d. in his favour—this is his pass-book—this letter (produced) was received at the bank on or about the day it bears date; I believe it to be the prisoner's signature—this other letter and the hypothecation note 1 also believe to be his, and also the endorsement on the cheque. (The letter was dated 25th November, 1876, to the manager of the Newgate Street branch bank, and stated that a few weeks ago he had lost his pocket-book, containing a large sum of money in Bank of England Notes, which had completely ruined him.)

THOMAS CHRISTOPHER FLETCHER . I am manager of the Marylebone branch of the London and Westminster Bank—on 13th November the prisoner called and said he was desirous of opening an account—I said it would be necessary to furnish us with an introduction—he said Be might have some difficulty in that, as he was a stranger in the neighbourhood, but he thought he could get a reference from his employers in Bristol, Gould& Co.—he paid in 130l. in Bank notes provisionally on his getting the introduction, and he signed this signature-book "Joseph Fansett, wholesale stationer, 8, North Audley Street"—he called again once or twice and said that he had not succeeded in getting a letter from Gould& Co., he could not understand why—I then told him it would be necessary to close the account, as I had only taken it conditionally, and on 11th December I drew out this cheque for the amount and he signed it "J. Fansett," and the cashier gave me notes for it, which I handed to the prisoner.

Cross-examined. I think I noticed a female with him—I can't say whether it was Mrs. Fansett.

HENRY JONES . I am one of the receiving cashiers at the Marylebone branch of the London and Westminster Bank—on 13th November Mr. Fletcher handed me bank notes for 130l., which I entered in my receiving-book, among them were four 20l. notes, Nos. 96285 to 96288.

CHARLES KEELING COLLETT . I am a paying cashier at this bunk—on 11th December I cashed this 130l. cheque and gave for it twenty-five 5l. notes Nos. 15980 to 16000 and 35501 to 35504, and 5l. in gold—I took those notes into the manager's room and saw him give them to the prisoner.

CHARLES JOHN WILLIAMS . I am a clerk in the Bank of England—I produce four 20l. notes Nos. 26285 to 26288 paid in on 15th November by the London and Westminster Bank; also six 5l. notes, Nos. 35503, 15984 15996, 15998, and 15999.

EDWARD BENJAMIN MARSHALL . I am managing clerk to Mr. York, solicitor; he was acting for the prisoner during his bankruptcy—on 8th January I filed this statement of affairs—I saw the prisoner sign it.

Cross-examined. He came to me three or four days before the 8th January, he was with me a very short time; it was signed on the same day as the meeting—it is not usual to examine a bankrupt at the meeting; for proof of

I debts and the appointment of the trustee, or to require him to surrender—he did not disclose the facts to me that he did to Mr. Austin, he had not time to do so—if he had stayed longer he might have done it—I was present on 8th January—Mr. Austin did ask for him—this statement purports to show the state of his affairs on 25th November, the date of the institution of the bankruptcy proceedings.

CHARLES JOOELYN . I was warehouseman to the prisoner in October last at 23, James Street, St. Luke's—I had been there about eighteen months, bat the prisoner had not been there more than six months; he came on 1st May—a few days before 27th October, I should say between the 25th and 127th, he called me downstairs and said he wanted me to go to the bank—he gave me a bundle of notes and said "See how much you make of those"—I counted till I came to about 130l.; there were several more—he then said "Oh, never mind, I am going to the City and I will pay them in myself"—he took up the notes, and, after transacting some business, he left about 3 o'clock—next morning he said "Well, Jocelyn, I did not pay those notes in yesterday, I will get you to go this morning with them"—he put his hand to his pocket and said "I have not got my pocket-book with me, I have left it at home"—after finishing what he was about, he left—I had occasion to go into the City, and on my return in the course of an hour or so he came back and said he had been to his lodging, but there was no one at home and he could not ascertain whether he left his pocket-book at home or not—he left again about midday and I never saw him again, he never returned to the warehouse.

Cross-examined. I met him in the City Road some days afterwards and lie then told me that he had lost the notes, and he was a ruined man—he told me he lodged at 9, Elam Street, Camberwell—I was never there—he never slept at 23, James Street, it was only a warehouse—the only customer I knew the whole time was a Mr. Priddle, of Jewin Crescent—received this letter from the prisoner. (This was dated October 27th, Ming that he could not find his pocket book, but he believed he knew where he had left it.)

MARY FANSETT . I am the wife of Joseph Fansett, of 9, Elam Street, Camberwell—the prisoner came to lodge there in February, 1876, and left in November or December last, I don't remember exactly—I have taken care of notes for him several times—they were always rolled up—I gave them to him when he wanted them—I had a bundle of notes from him in October, and I gave them to him again, and next day he came home and could not find his pocket book containing them—he looked about—he said he had been in Hyde Park the evening before—he did not say where he had lost the notes—he left about a fortnight afterwards—he did not say where he was going—he took all his things with him—he came occasionally after that—he said he was then going to lodge in Vauxhall Bridge Road—he left us because he said he could not afford to pay—I was examined at the Bankruptcy Court—after that I met the prisoner in Acre Lane, Brixton, in consequence of a note I had received from him—it was on 29th January—he said to me "What did they say at the Bankruptcy Court?"—I told him as near as I could remember—I did not see him arrested—the reason he gave for asking me to take care of the notes was in case of fire—I knew he had a banking account—I kept the notes in a drawer in my bedroom.

Cross-examined. I never examined the notes or counted them—he told

me that he had lost his pocket book in Hyde Park—he paid me a cheque for 10l. on 1st November—I can't remember how long he stayed after that.

Re-examined. I had no fireproof safe in my room—I never went with the prisoner to the Marylebone Branch Bank.

JOSEPH FANSETT . I am a wharfinger's clerk, of 9, Elam Street—the prisoner came to lodge with us in February, and left somewhere about the latter end of November or the beginning of December—I knew from my wife that he had deposited notes with her on one or two occasions for safe custody—at the latter end of October he told me that he had lost some notes, that he had been out late the previous evening and he must have lost them then—I said it would be better to advertise them—he said he could not do that it might expose him in his business—I never authorised him to use my name at the London and Westminster Bank—the signature to the cheque is not mine—I never authorised it and know nothing of it.

MICHAEL DEATH . I am manager of a cab yard in Lyon's Mews, Maids Hill—I know the prisoner—about the Middle of December I changed for him this 5l. note, No. 15,988, at a grocer's—I put my name on it—I also got him change for this other note, 15,996, in January, and this one, 33,503, I changed for one of our cabmen.

THOMAS HEATH . I am a builder, of 7, Lewis Road, Cold Harbour Lane—the prisoner came to lodge there on 12th January—he brought a large box, a portmanteau, and a leather case—he remained till the 29th when he was arrested, and the police took possession of his things.

JAMES KKNNISTON (City Detective). I apprehended the prisoner on 29th January, after seeing him meet Mrs. Fansett—I told him I was a City officer and held a warrant for, his arrest in the name of Olison—he said "You have made a mistake, my name is not Olison"—I said I had every reason to believe it was, and I took him to the station and charged him—I found on him 1l. 11s. 2d.

ROBERT OOTRAM (City Police Sergeant). I was with Kenniston when he arrested the prisoner—I afterwards read the warrant to him at the station—he said "I never concealed a penny"—I went next morning into Mr. Heath's, and in a bedroom there found a box and portmanteau—they were locked—I opened them with keys found on the prisoner—I found in the box various memoranda and a bank book, which, I handed to Mr. Chandler.

GEORGE CHANDLER (re-examined). I have examined these—they are invoices relating to the prisoner's business, which he ought to have delivered up to me.

GUILTY Twelve Months' Imprisonment.

5th March 1877
Reference Numbert18770305-308
VerdictsGuilty > with recommendation; Guilty > unknown; Guilty > unknown; Not Guilty > unknown; Guilty > pleaded guilty; Not Guilty > no evidence
SentencesImprisonment; Imprisonment; Imprisonment

Related Material

308. JOHN OKILL (25), WILLIAM OSBORN (27), DAN TARRANT, (27), and JOHN PURSER (27) , Unlawfully conspiring to steal 7 lbs. of rhubarb and other drugs, the property of William Manning Watts and another.

MESSRS. J. P. GRAIN and Horace Avory conducted the Prosecution; MR. THORNE COLE appeared for Okill; MR. MONTAGU WILLIAMS for Osborn.

MR. MEAD for Tarrant, and MR. PURCELL for Purser.

HENRY TAYLOR (City Policeman). In consequence of instructions I commenced watching the prisoners in October last—at that time Tarrant was p living at 47, Leyard Road, Bermondsey, and he had a shed by the side of I a railway arch, in Rotherhithe New Road, he occasionally went there in

the morning—he also had a place of business in Barron Street, Pentonville—Purser was frequently with Tarrant, nearly daily, calling upon him—on 26th January, about 10 a.m., Purser called at Tarrant's house, and then came on to Whitecross Street, City, he looked in at the door of Messrs. Batley and Watts' premises, wholesale druggists, and through the window—he then went to the back entrance in Fore Street, and up a gate flay—Osborn came out from the warehouse, and they went to a public-house together, they remained there about fifteen minutes, Purser then went away—Osborn returned to the warehouse—next day, the 27th, I saw Purser in Fore Street, about 2.15, in the afternoon—he joined Okill in a public-house, in Fore Street, they had some drink there, and went into another public-house, in Moorgate Street, where they joined Tarrant, they all three then went to another public-house, next door, I followed them in, and there saw Tarrant giving Okill some money—they remained there drinking some considerable time and then separated—on the 29th I saw Purser go to Tarrant's house, about 9.30 a.m.) in Abbeyfield Road, Rother-hithe, Purser then came on the City alone, he went again to the front entrance of Messrs. Batley and Watts', and afterwards to the back, and at 11 o'clock Osborn came out and joined him, they went to a public-house and remained about eight minutes—Osborn then returned to the ware-house, and I saw Purser take two small parcels from his pocket and examine them; he then went away—about 1 o'clock I saw Osborn in a public-house, in Jewin Street, he joined Purser there; they remained there till about 1.50—I did not see Okill that day—on 8th February, about 1 o'clock I saw Okill and Osborn loading a cart at Messrs. Bailey's, they drove away to Jewin Street, Okill was the carman—I saw Osborn join him, and the cart was taken into Ansell Street; they left the cart and went into a public-house in Aldersgate Street, Okill returned to the cart alone and drove to Gee Street, Goswell Road—about 2.30 the same day I saw Tarrant go to his warehouse, No. 10, Barron Street, Pentonville, and at 3 o'clock I saw Messrs. Batley's cart drive up with-Okill, who went to Tarrant's ware-house—Okill returned to the cart and gave the carman some money to get some beer, the carman went into a public-house, and Okill got up on the wheel of the cart and took out this parcel, he ran with it to Tarrant's warehouse, which is on the first floor—I and Downes, another officer, followed closely behind, and I saw Okill hand the parcel to Tarrant, who placed it on a shelf—we told them we were City officers, and asked them what the parcel contained—Tarrant said chlorodine—I asked Okill where be brought it from; he said Messrs. Batley& Watts, Whitecross Street—I said—'Have you an invoice with it"—he "said "No"—I asked Tarrant if he had ordered the chlorodine—he said "Yes, about a week ago; I ordered it of one of Messrs. Batley's men"—he did not say the name of the man—we then took them into custody and told them they would be charged with stealing and receiving it, well knowing it to have been stolen—they said nothing at that time—on the way to the station, Okill said "I have been there before with parcels, although I have done wrong I don't wish to criminate myself"—next day, 9th February I went with Downes to Manor Road, Rotherhithe, where Purser lives—we saw him leave the house about 9 a.m, stopped him and charged him with being concerned with three men in custody, mentioning their names, in stealing and receiving drugs from Messrs. Batley's warehouse, in Fore Street—he said "I know nothing of their transactions," or words to that effect—I searched the house, and in

his bedroom found an empty bottle, with the name of Evans & Lessurs Bartholomew Close, on it. '

Cross-examined by MR. PUROELL. Purser told us that he was employed by Tarrant, he said the bottle I found he had brought from Messrs. Evans' warehouse, where he had been employed, it had their label on it—it had nothing to do with Messrs. Batley's.

Cross-examined by MR. COLE. Okill did not, say "I do not wish to vindicate myself"—I am quite sure he used the word "criminate"—we—were riding in a cart at the time.

FREDERICK DOWNES (City Detective). On 31st January I was at Rother-hithe, in company with Taylor, about 9 a.m. I saw Purser leave his house, 9, Manor Road, Bermondsey, he came on to the City, he went to the bank entrance of Messrs. Batley& Watts, he looked in there, and came round to the front—Osborn came out and they went and had some drink together in the Grapes public-house, Fore Street; that was about 11 o'clock"—Osborn went back to the warehouse, and Purser continued in the neighbourhood till 1 o'clock, at various public-houses—about 1 o'clock Osborn came out of the warehouse and met Purser at the corner of Jewin Street; they both went to a public-house in Jewin Street—after they had been there a little time Okill came in, they all drank together, and then Okill left and went back to the cart at the warehouse, and immediately after Tarrant came in—they remained drinking there some quarter of an hour—they then went to another public-house, in Goswell Road; just before they entered that public-house, Tarrant took a canvass bag from his pocket, took some money from it and gave it to Osborn—they remained there about a quarter of an hour, Tarrant then took the tram to Pentonville—Osborn and Purser came back into the City—they went into three other public-houses, and Osborn went back, a little the worse for drink—Goswell Street, Pentonville and Messrs. Batley's warehouse, are within a mile of each other, it is pretty well a continuation—on Friday morning, 2nd February, I saw Purser leave his house and go to Tarrant's, they came out together and went to the Deptford Railway Station, and came on to the City—Purser went to Tarrant's warehouse, in Barron Street, and shortly after Tarrant came in—about 12 o'clock Purser came back to the City, and about 1.50 he went to Batley& Watts' warehouse—he did not appear to see what he wanted, and he waited there till 2.15, when Osborn came out, and they went to a public-house in Cripplegate Buildings; they were in there about five minutes—Osborn then went back to the warehouse, and Purser went towards Bermondsey—on Saturday, 3rd February, Purser left his home and went to Tarrant's house and both came to the City, and went to Barron Street, they were drinking within the neighbourhood of the warehouse till about 11.30 or 11.45, when I saw Batley& Watts' cart come up to the Penton Arms, at the corner of Barron Street; Okill was in the cart—he gave Walker, the carman, something, and he went away, and Okill took a parcel from the cart and ran into Tarrant's warehouse with it—Tarrant and Okill then came out together, leaving Purser in the warehouse, and went into a public-house and had some beer—Okill then jumped into the cart and drove away, and Tarrant went back to Purser.

Cross-examined by MR. M. WILLIAMS. Taylor was with me on the 31st January, and saw what I did—I am not sure whether he saw the canvas bag—I made it my business to go up and look, I was nearer than he was—I could not see what coin it was, but by the chink I should imagine it was

silver—I was immediately behind them—I heard the chink—I was looking for something else, and saw that instead.

JOHN MOSS (City Detective Sergeant). On 8th February I accompanied Taylor and Downes to Messrs. Batley& Watts' premises about 4 p.m.; and saw Mr. Watts—Osborn was called in—I told him he would be charged with Okill and Tarrant, then in custody, and asked if he knew them—he said "I know one of them, Okill"—I said "Do you know the other?"—he said "No, I do not"—I asked if he was sure of it—he said he did not—he was taken to the statson, and there charged with Okill and Tarrant—after the charge was booked it was read over to them, and Tarrant said "I did not know it was stolen"—I afterwards went with Taylor and Downes to Barron Street, where I found that Tarrant was in possession of two rooms on the first floor—I searched them, and found in a bag between 6 lbs. and 7 lbs. of rhubarb, and three parcels, which I brought away as a sample; I also found three parcels of tartaric acid, and three parcels of soda, and 2 lbs. of tartarate of soda—I brought away three parcels of each—there were a lot of other similar—goods there, but not done up precisely as these are—there were several dozen bottles containing small quantities of drugs of various kinds—his business seemed to be that of a linseed crusher—he had a machine and an engine downstairs, which supplied him with the power of grinding it—I found on him a card of his business.

GEORGE WALKER . I am a carman in the employ of Messrs. Baker, of Clerkenwell—they cart for Messrs. Batley& Watts—I used to go there with the cart, and take Okill's directions as to where I was to go and what was to deliver—he always went with me; Osborn never did, he sometimes helped to load the cart at the warehouse—since 1st January this year I have been several times with Okill, and drawn up in the neighbourhood of Barron Street—I did not know Tarrant's warehouse—I have been to Barron Street with Okill four times since the 1st of January—we always stopped at the Penton Arms, and Okill would either give me 1d. to get some beer, or eke go in with me, and then be absent for four or five minutes, leaving me there—on 8th February I went to Batley Watts' warehouse) and some goods were loaded into my cart—I can't recollect whether Osborn assisted that day—when it was loaded Okill went with me—he told me to drive to Jewin Street, and to pull up at the corner of Ansell Street—he left me there in the cart, and went away for about ten minutes—when he came back he drove to Gee Street, where I live, and I went in to get something for my dinner—I left him in the cart—Osborn came' out of the warehouse about 1 o'clock, their dinner-time, and walked alongside the cart to Ansell Street—he did not go on to Gee Street—I saw no more of him—when I had had my dinner, by Okill's direction I drove on to the Penton Arms; he there gave me it to get some beer—I went into the public-house, and saw no more of him till he was in custody of the officers.

THOMAS SAMUEL BUSBY . I live at 10, Barron Street, Pentonville—Tarrant rented two front rooms on the first floor of me—he took them about four months ago, and carried on business there as a linseed crusher.

AMELIA HOME . I live in Thorney Street, New Oxford Street—I collect the rents for Mr. Garrett, the owner of a shed at Rotherhithe which Tarrant occupied from February, 1876, to 22nd January last.

FREDERICK EVANS GIBSON . I am warehouseman to Messrs. Batley & Watts—on 8th February I directed Osborn to assist Okill in getting off with his goods to be delivered—I saw him engaged in it—I arranged the

goods for Okill to deliver—there was no chlorodine amongst them—I arranged beforehand the order of call for him at the different places—his first place that day would be Queen's Road, Bayswater—he had nothing to deliver in Barron Street, nor in that neighbourhood—this letter is in Okill's handwriting. (This was dated 19th February, 1877, addressed to Messrs. Batley& Watts, and stated that he was guilty of taking four bottles of chloro-dine, having been tempted and led into it by others, and asking for mercy for the sake of his wife and aged parents.) I do not know Tarrant—our firm have never had any dealings with him—Osborn was a packer; his duty was to assist generally in packing goods—Purser was in our employ three or four years ago as a packer—I have examined the goods produced—this rhubarb is very similar to ours, and the same as to the tartaric acid and soda—the labels on them are similar to ours.

Cross-examined by MR. PURCELL. Purser bore a good character while with us, we dismissed him on account of absence.'

Cross-examined. I have been six years in the prosecutors' employ—Okill was there when I came—the drugs are much the same as those kept by other wholesale druggists.

ABRAHAM WRIGHT . I am a warehouseman in the prosecutors' employ—since this matter I have examined our stock of chlorodine—I have missed nine bottles since October—the value of the parcel produced by Taylor is 2l. is.—we have exactly similar in stock—I gave no such parcel to Okill—it would have been my duty to do so if it had been required for a regular customer.

Tarrant and Purcer received good characters.

OKILL— GUILTYRecommended to mercy on account of his long service Six Months' Imprisonment.

TARANT— GUILTY Eighteen Months' Imprisonment . PURSER— GUILTY Nine months imprisonment.


OKILL also PLEADED GUILTY to stealing four bottles of chlorodine of his masters. There was another indictment against Osborn for stealing the rhubarb, upon which no evidence was offered .

FOURTH COURT—Friday, March 9th, 1877

Before Robert Malcolm Kerr, Esq.

5th March 1877
Reference Numbert18770305-309
VerdictGuilty > unknown

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309. WILLIAM GIBSON (55) , Feloniously marrying Mary Jane Frew, his wife being alive.

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

JAMES ALFRED GRANT . I am a riding master of 212, Great Brunswick Street, W.—I was present at the Wesleyan Chapel, Dorset Gardens, Brighton, on 9th February, 1863, when the prisoner was married to Ellen Brazier—I gave the bride away—this is the certificate. (This certified the marriage of William Gibson, legally divorced to Ellen Brazier, spinster, at the wesleyan Chapel, Dorset Gardens, Brighton, on 9th February, 1863.) I have seen the prisoner several times since—I saw him last about two and a half years ago—I have been in Ireland since, but I saw him on an average monthly from 1863 to 1871, and had conversations with him about his wife, he wanted me to go and ask her to meet him, but I was afraid to do so.

Cross-examined. I was not aware that she was living with somebody else—I have not heard so—I saw her a fortnight ago at the police-court—I

have not seen her to know how she has been living while he has been away—I mean to say that I spoke to him in 1870 about—his wife—I did not meet her at Spa, in Belgium, or in Baden.

MARY JANE FREW . I live at 51, Seymour Street, Bryanston Square—on 18th July, 1871, I went through the form of marriage with the prisoner, at the Liverpool Road Chapel, Islington.

Cross-examined. I did not find out that he was married till six months ago—this letter is in my writing. (This was dated January, 1875, and staled: "I am convinced that our marriage was illegal, although I know you considered you were perfectly free to marry again, therefore I have no ill feeling towards you.") He locked me in a room and made me write that—I said "Why do you wish me to write that letter"—he said "This woman is a very dangerous woman, and she may bring a charge against me for marrying her while I was drunk"—I do not know who the dangerous woman was—I also wrote "I shall never trouble you; trusting you will not interfere in case I think proper to marry again"—I say in the face of that letter that I did not know he was married—I have not seen him to speak to within the last six months, but I saw him twice in Oxford Street with the woman he was living with—I once wrote to him to meet me when I wanted to arrest him, but I did not write to him from time to time to meet me.

Re-examined. I first knew for certain that he was married, last September, after I left Bath—I heard a rumour of it two years ago, but he said that it was a lie, and called me a fool, and said that the woman I spoke of was already married, a married woman who he had lived with, and that it was impossible for him to be married to her—I was satisfied with that; but about six months ago I saw his wife—I believe he has married somebody else, at Norwich, in 1875, since I left him.


The prosecutrix stated that the "prisoner had made insinuations against her character which there was no foundation for— Eighteen Months' Imprisonsent.

5th March 1877
Reference Numbert18770305-310
VerdictNot Guilty > unknown

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310. MICHAEL HURLEY (21) , Robbery on John William Cooney and stealing from his person a watch and guard, a locket, and cross, his property.

MR. RAVEN conducted the Prosecution; and MR. DALTON the Defence.

JOHN WILLIAM COONEY . I am a Gustom House officer, of 28, Charles Street, Commercial Road—on 7th February, between 4 and 5 p.m., I had just alighted from a tram car at the Commercial Road, and opened my great coat to take out my ticket, a lad, about twenty, ran by me and snatched my guard and watch—I captured him and laid hold of him, when the prisoner took hold of me from behind and put his knee in the small of my back, which forced me to let the other go—by the manner in which he pulled me I was forced to stand over him and I could see him—he flung me down and hurt my right knee and hand—I pursued him, and was in the act of taking hold of him, when a handful of mud was thrown in my face—on the next Sunday night I identified him at Leman Street station—he was dressed differently then—I have seen no more of my watch.

Cross-examined. I should know the boy again who snatched my chain—I caught the one who threw the mud into my face, but not the prisoner.

BY THE COURT. When the prisoner took hold of me from behind, I had my bands on the collar of the thief; the prisoner pulled me back, and he

was forced to get in front of me, and I got a full view of him before he got got into the crowd—I have never said that I lost sight of him.

WILLIAM WILSON . I live at 13, Commercial Road—I saw Mr. Cooney get Out of the tram—the prisoner put his leg before him and another one snatched his watch—Mr. Cooney caught the thief, and the prisoner went behind him and put his knee behind him, and he had to let go of the thief—they all ran across Whitechapel Road and passed the prisoner, and in Grey Garden Street I saw the prisoner in the crowd—I am positive the prisoner is the man.

Cross-examined. The prisoner was dressed in a big frock coat like twill, and a different cap—I was about the length of this Court from him when he pulled the prosecutor down—his back was to me but I got in front of him.

JOSEPH MARRIOTT (Detective Officer H). I took the prisoner on 11th February—before I could mention the date he said "I have only just come from home"—I said "It was on Wednesday night"—he said "I know nothing about it"—I took him to the station, placed him with nine or ten others, and the prosecutor identified him—I discharged that lot and sent in a fresh lot, and the boy identified the prisoner without any hesitation.

Cross-examined. I took him in custody from the description given by the prosecutor—he was dressed then just as he is now and wore a wide-a-wake hat, not a cap.'

The Prisoners Statement before the Magistrate. "I know nothing of it. I work hard for my living. I have lived nineteen years in one place. I was at Kelly& Dunn's, Delahay Street, Westminster, on that afternoon till 5 o'clock."


5th March 1877
Reference Numbert18770305-311
VerdictGuilty > unknown

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311. GERGE FREDERICK DRUCE (49) , Unlawfully obtaining, by false pretences, a silver salver, a coffee-pot, and other articles, value 121l. 2s. 6d., with intent to defraud.

MR. MONTAGU WILLIAMS conducted the Prosecution.

WILLIAM WELLS . I am a jeweller, of 5/5, Piccadilly—I formerly carried on business at Oxford—I knew the prisoner there thirty years ago, but lost sight of him till 23rd December, 1874, when I met him as I came out of a dining-house in the City—he was in deep mourning—he stopped me and said "Mr. Wells, how are you?"—I said "Very well, who are you in mourning for?'—he said "My father-in-law, who has just died," and I think he said he had cut up very well, and had left him 45,000?. which, after paying all demands, would realise 500l. yearly, and he had also left him a legacy of 500l. to reinstate the plate, and he said "I can give you a turn if you can do it"—I said that I thought I could—he said "By the way, I am a director of a company, and we want to give one of the directors a coffee-pot, a salver, and teapot, something that you can supply at once"—I was to send it to 4, Victoria Buildings, Queen Victoria Street—he sent a man to fetch it, but I said "No, I had rather deliver them myself"—he said that he was leaving by the train from London Bridge, and if it was not there then it would be too late for the presentation—I packed it into a bag and went to London Bridge Station and he came up to me and said "I have not a moment to spare, the train is off," and he took the tray from me and said "Take the coffee-pot to 29, Munster Street," and away he went through the gate—I took the tea and coffee pots to Munster Street about 9 o'clock that night—he had then come back and I saw him—those goods were of the value of 53l. 10s

—I have got a quanity of letters ordering fresh goods to the amount of 165l. 10s.—I parted with my goods believing his word about the 45,000l. and the legacy of 500l.—I made inquiries, and went down to Mr. Dawson, a solicitor, in Lincoln's Inn Fields, who is the son of the late Mr. Dawson—I had a conversation with him, in consequence of which I made inquiries, and applied immediately for a summons at Marlborough Street police-court, and subsequently for a warrant, which was granted on 21st April, 1875—I saw him several times in the City and gave chase to him and ran him into all sorts of intricate roads, and then into a public-house in Clement's Lane—I got a policeman and went in and was well jawed under the head that I had got a tile off, and it ended in his getting away—at another time I chased him round North Road to the same public-house with another policeman, and they said that he was the best of fellows out, and if I wrote to Wansted Flats I should get a reply—on the evening of 26th February I met him as I was coming out of the White Bear—he put up his hands and said "Oh, the devil," and out he went—the door was kept by a confederate to keep me in, but I went out at the other door, and after a few paces I received a tremendous blow with a hooked stick or umbrella, the effects of which which I feel now, on my back—I took no notice of that but went on—I stepped on a piece of orange peel and went against a post, and the prisoner went up a court which brought him into Lombard Street—I spoke to a policeman, but by that time the prisoner had got into Fenchurch Street, and turned into a place where the doors are bolted at night and he could not get through—the policeman caught him in the doorway, and when I came up he said "Well, I thought your affair was settled"—I said """Yes, you ran as if you thought so"—he was then sober.

Cross-examined by the Prisoner. You said that you wished to make a present to the directors who were assisting you at Queen Victoria Street—I only brought the salver to London Bridge Station—you asked me if I had brought the coffee-pot and teapot, and I said "No"—you threatened to enter an action against me if I did not deliver a salver that I had talked about, that was when I saw you kissing a strange woman at the window, who I found was not Mrs. Druce, and that opened my eyes—I went to Mr. Dawson, your brother-in-law, next day and told him what I had seen, and he said that I had been swindled—I did not sell you a teapot and tell you that I was obliged to rub the mark out, as it was a College teapot—I had not a good opinion of you, but I had of your wife and family.

WILLIAM GROSJEAN RENE L'ENFANT . I am a clerk in the Registrar's Office in Bankruptcy—I produce the proceedings in the bankruptcy of George Frederick Druce, in 1874—he did not get his discharge, and there was an application to commit him for contempt of Court—he is still an uncertificated bankrupt.

HENRY YELLAND (Policeman 754). On 26th February I stopped the prisoner, who was running in Fenchurch Street, the prosecutor was running after him—the prisoner said "Oh, I thought Mr. Wells your affair was settled."

WILLIAM ALEXANDER COLLIER . I am a clerk to Lumley& Lumley—I produce a copy of the will of Mr. Dawson—there is no mention of 40,000l. left to the prisoner, or of 500l. a year, or of 500l. to purchase plate—no sum at all is left to the prisoner.

JOHN DABKIE. SNOOK . I live at 24, Manchester Street, Manchester Square—I know Mr. Schmidt—I saw him yesterday in bed, and have

brought a certificate from the doctor—he is unable to leave his bed, and unable to speak.

The deposition of Marly Schmidt was at the prisoners request here read.—"Marly Schmidt—I reside at 29, Winchester Street, in the month of September, 1874, that house and the furniture were my property, the prisoner was in treaty for the purchase of it. I never sold it him. I did not know he was an uncertificated bankrupt. He was a lodger there, a woman he represented to be his wife was living with him. Once he paid 1l. and once 12s. a week.

Cross-examined. I was going to sell him the house and furniture. I have known him several years, fifteen or twenty. I have nothing against his character I know he was engaged in promoting several companies, the Inns of Court Hotel, and others."

Prisoner's Defence. I told Mr. Webb that Mr. Dawson's daughter and family had come into 400l. or 500l. a year. I was engaged to Mr. Dawson's daughter in 1849, and before our marriage he called me into his private room and said that he should divide his freehold property between his three daughters. Afterwards, in consequence of becoming security for over 20,000l. I became bankrupt, which caused my father-in-law to be very antagonistic to me, but I did not know that he had altered his will I admit saying that my family would have 400l. a year, and so I expected. At the time I saw Wells I was manager of an association in Queen Victoria Street. I had formed various companies, such as the Inns of Court Hotel, Holborn, the Bedford Hotel, Brighton, and others, and it is my invariable practice when I meet with assistance from any gentleman, to present him with a piece of plate, and I required this plate for that purpose. I had invented a ship's screw, and went down to Birmingham to sell the patent, but was taken ill there, and prevented from doing so. I was also engaged in Dr. Hale's chlorate of potassium, a patent medicine, for which I was voted 10,000l. for the expenses of the company, and though I admit being made bankrupt, I was in a position to pay 205. in the pound, and I never incurred a single debt without having the full intention of paying it, and I never defrauded a person of 6d. in my life. I totally deny having a female in my house, and defy Mr. Webb to prove it; it is the greatest lie ever stated.

GUILTY Twelve Months' Imprisonment.

5th March 1877
Reference Numbert18770305-312
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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312. FREDERICK JOHNSON (22) , Robbery with other persons unknown, on Robert Nunn, and stealing one watch, his property.

MR. SIMS conducted the Prosecution; and MR. RAVEN the Defence.

ROBERT NUNN . I am an engineer, of 102, Clifton Street—on 10th February, about 1 a.m., I was in Great Eastern Street, and a man asked me for a light, I gave him one and found him feeling my pockets—I told him I did not know what I had there, and did not want him to feel—three other men rushed across the road—the prisoner was one of them—they struck me on my eyes, nose, and mouth, and one of them placed his hand across my mouth, tore open my great coat and took my watch away—I got up and saw a policeman running, who brought the prisoner back in about three minutes, without a hat—I picked up a hat at the spot, it was taken to the station, and the prisoner first said that it was his, and then he denied it.

Cross-examined. The prisoner is not the man who asked me for a light I was struck three blows on the month and nose—I cannot say whether the

prisoner is the man who struck me, because I was struck over the shoulder of the other man, but he is one of the three.

BY THE COURT. I do not think I could have recognised him after any long interval, because his countenance would have gone out of my bead, but I recognised him there and then—I did not see the men after they hit me because they placed something over my mouth and eyes—I cannot say whether the prisoner had his hand in my pocket or not—I made no noise while I was on the ground, because one held his hand over my mouth.

JAMES JONES (Policeman G 66). I heard cries and saw Nunn on the ground—the prisoner and another man were with him—they ran towards Shoreditch—there was nobody else in the street—I pursued them and called "Stop thief"—they separated at the corner of Great Eastern Street, I pursued the prisoner and never lost sight of him till he was in the custody of 30 GR—I took him back to Nunn, who had a hat in his hand, which the prisoner acknowledged belonged to him, but afterwards denied it—he did not say where his hat had gone—Nunn's mouth was bleeding.

Cross-examined. I saw Nunn on his back—he "was crying "Stop thief," and the men making off.

ESAU DRIVER (Policeman GR 30). I was on duty in Shoreditch, on 10th February, about 1 a.m. heard a cry of "Stop thief," and saw two men running, the prisoner was one, I stopped him—he said "Don't stop me, I have not stolen the watch, I am only running after the thief"—I took him back—he had no hat—I found Nunn with a hat, which the prisoner at first said was his, and afterwards that it was not.

Gross-examined, I ran 20 or 30 yards after him—he said that he was innocent.— GUILTY Five. Years' Penal Servitude.

5th March 1877
Reference Numbert18770305-313
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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313. HENRY ROBINSON (35) , Stealing 10l., the monies of William Barry.

MR. SIMS conducted the Prosecution; and MR. W. SLEIGH the Defence.

WILLIAM BARRY . I am an able-bodied seaman—on 9th February, I came into port in the Packwan, and went to lodge at the prisoner's boarding-house, near the West India Docks—on 13th February, the prisoner took me in his cart with my shipmates to the Mercantile Marine Office, to be paid off—18l. 2s. 2s?. was due to me, and I received a 10l. note, a 5l. note, three sovereigns, and 2s. 2d.—I saw Ashton paid at the same time—I got into the cart and went back to the boarding-house before dinner—a tailor named Much was there to whom I owed some money, and I paid him with the 5l. note—there was no interchange of notes between me and my shipmates—I owed the prisoner 1l. 18s., and I gave him the same 10l. note, which I had received at the office, 18s. of that was for a pair of shoes—Ashton, Walker, and O'Neal were present, and I saw Walker give the prisoner a 10l. note—this was just before dinner—the prisoner did not give me the change, and as we went down to dinner I said "Don't forget the change of that 10l. note Mr. Robinson"—he made no answer—I asked him several times after dinner, and he said "No my boy, you are mistaken, you never gave me a 10l. note at all"—I said "Yes, I did," but he denied it altogether—my shipmates told me to turn out my pockets to show him that I had not got the note—I told the prisoner that if he looked over his money he would find that he had 10l. too much—he said "No, I shan't take the trouble, for you did not give me any"—I went out with Ashton, and in the evening I borrowed 10s.—from the prisoner—he said "Don't forget to pay me that 10s. back"—I

said "You pay me my 10l."—I did not sleep there that night, but I went there in the morning and asked the prisoner again for the note—he said that I did not give it to him, and he gave me a piece of paper with two numbers of notes, and said "Those are the two notes I have got, go to the shipping office and see if they are yours"—I have not got the paper, I showed it at the shipping office and received information of the number of my note, and as the prisoner had said that I might have given my 10l. note to Much, I called on Much and showed him the paper—I then went with policeman 16 HR to the prisoner's house, but he was not in, Ashton was with me all the time—I afterwards saw the prisoner again, and he said that I had not given it to him—I said "Well, I shall have to go home," that was to Hull—he said that I owed him 15s. and refused to let me have my bag of clothes unless I paid it—I said "Let me have my bag, and I won't say anything about it"—he said "If you don't be off and say no more about that note I will give you in charge for defamation of character"—I went to Hull and met Davis and came back to London with him and attended before a Magistrate, and claimed my bag, and the prisoner was ordered into custody on a charge of stealing the note.

Cross-examined. I went to him, owing him some money, and asked for my bag of clothes, and I said that I would not say anything about the 10l. note, but when he said he would not let me have them till I paid him, I threatened him about the 10l. note—I had no money when I was discharged—when I got to Hull I went to the Institution there, and made a complaint to Mr. Davis that the prisoner had stopped my bag of clothes, and asked him to write for them—I also mentioned the 10l. note on the first day that I saw Mr. Davis—Mr. Davis afterwards told me that he had telegraphed to the prisoner and had written, but he did not tell me what he had written—I do not remember his saying that he had communicated with the prisoner, who refused to give my clothes up till I sent the 15s. from Hull—it was not after that that I mentioned about the 10l. note—Mr. Davis said that he wrote about that too—he is here—Ashton and I had one glass of drink when we came out of the shipping office—Walker and I were never together—I may have had a glass on the Sunday, but I was not drinking a good deal, nor on the Monday—I was not the worse for drink—it was about 1.30 when I gave the prisoner this 10l. note, and I paid him 1l. 18s. in cash—that is the fact—I did not pay him more than that—I did not pay him 3l. 9s. 10s., or anybody else—I paid Much 4l. 6s. and some odd pence—I had borrowed 10s. of the prisoner, and he said that I owed him 15s.—I did not borrow 5s. of his wife; not after I squared up—I paid his wife 5s., of course it is down in the book—that 5s. was down in the 1l. 18s.; it was not my look-out if it was not—I must have paid that 55. to the man—I swear that I did—his wife had never lent me 5s.—I never received any money from the wife—the account was in a book, not on a piece of paper—I did not see it—I did not borrow 10s. twice—I borrowed 5s: twice on the day I landed, and after the closing of the account I borrowed 10s. of him—I believe I borrowed 5s. of him on Sunday afternoon, the 11th, but I cannot exactly swear it—I afterwards borrowed Is. of him—I did not borrow three separate 5s. of him on the 11th—I cannot swear that this (produced) is the book, it is like it—all I borrowed of him on Sunday was 5s. and 1s., making 6s., not 17s.—I did not ask him how the 1l. 18s. was owing to him when I paid it to him, but it was for what money I borrowed and my board—I paid him the 10l. note for some boots,

and I never got the change—after dinner on the 13th I told a good many people that I had given the prisoner a 10l. note, not that I had lost one—did not say "I have lost a 10l. note, have you seen it, Mr. Robinson?" nor "Have you had it?"—he knew that he had it, for I gave it to him—Me did not say that the numbers on the paper he gave me were the notes that Much and Tucker had received, but of those he had—I do not know Tucker, an oilshop keeper—I never thought of giving the piece of paper to the people at the shipping office—I asked for the numbers of the notes I was paid off with—Walker was not with me after the note was lost—he went borne at night—he did not tell me that he had a note from Robinson which he had changed at Much, the tailor's—I told Robinson that if he would let me have my clothes I would not say anything about the 10l. note, because I had no money or friends in London—I did not tell him I had been to the shipping office and to the police—he never mentioned the a, he only mentioned the 10s. I borrowed of him, and I said "You know I cannot pay you that, you have not given me the change out of my note"—I told you before that he said that I owed him 15s.—he said "I will not let you have the clothes till you have paid the 10s. you borrowed of me paid the 5s. you borrowed of the mistress"—I told the Magistrate that I paid the prisoner 2l. 18s.; that is right, I have made a mistake to-day—I paid nobody in the house but Robinson and the tailor—I made a present of 1l. to a person out of the house, and I gave the girl Lizzie 2s. for some coffee—I gave her 30s. which I borrowed of the prisoner after I gave him the note, and 10s. I borrowed of my mate—when I borrowed the 10s. of him he said "Mind you pay me back"—I said "Yes, when you pay me my 9J. 10s. I shall be able to"—that was not the same night, but the night after.

Re-examined. I asked him for the 10s. on the Tuesday night, and I wanted my clothes on Wednesday night—I had not paid him any money before I paid him the 2l. 18s.—I did not go about with Walker at all, Ashton was my companion.

BY THE COURT. I landed with my shipmates, and just outside the gate I met the prisoner with his cart—I had only 2s. then—I was paid on the following Tuesday, and during Saturday and" Monday I got some money from the prisoner, and also from my shipmates.

EDWARD OWEN HAMMERTON . I am deputy shipping master at the Poplar Office on 13th February I paid off the crew of the Packwan—I took the numbers of all the notes—I paid Barry 18l. 2s. id, and gave him a 10l. note, 94353, April 24th, 1876; to Ashton I gave a 10l. note, 94366; and to Walker two 10l. notes, 94367 and 94368.

WILLIAM ASHTON . I was a seaman on board the Packwan—we came into dock on Saturday morning, February 10th—I went to get paid on the 13th, and received a 10l. note—when we got back to the prisoner's boarding-house there we were staying, Much, a tailor, was there—I heard the prisoner say to Barry before dinner "You pay me for the board and the money you borrowed, and you have to pay for the pair of boots 18s.," and Barry gave him a 10l. note—I saw the note pass—the prisoner did not give him the change, he could not change it—I was close to him—I saw Barry pay Much 5l.—I then gave Much 10l., and he gave me the 5l. and some silver—we H went down to dinner, and afterwards Barry asked the prisoner for the change for his 10l. note—he said "No, it was a 5l. note you gave me; who "ants change of a 5l. note?"—Barry said "I gave you a 10l. note"—the

prisoner said "You must have given me a 5l.," and he went out of the room—we went upstairs again, and Barry asked him again, and I asked him, because he gave me wrong change for a 5l. note—he said "You never gave me no 10l. note"—O'Neal told Barry to search himself—he turned out his pockets and he had only 1l.—I remained in the house half or three-quarters of an hour—I saw Barry next morning with the prisoner in the yard—we asked him again, and he refused again—we then went out to a 31 policeman and to the shipping office—I went with him to the prisoner's, and he asked for his bag—the prisoner said "I am not going to have my house scandalised, I won't give you no bag"—no money was lent to Barry in my presence—I went with him to Hull.

Cross-examined. Barry got some boots and never asked the price, and when we got to the boarding-house the prisoner said that the boots were 18s., but the detective has found out since that they were only 14s.—we had not our notes and gold on a table, but as we had to pay we each brought it out in turn—I heard the prisoner say, on the night of the 13th, that he would go and try and see what notes had been passed to Much and Tucker, and when I went next morning, the prisoner gave Barry a piece of paper with some numbers on it, and said that those were the numbers of the notes given to Much and Tucker—I went into some public-houses on the Sunday, not with Barry but with Nelson, a seaman—the prisoner did not say, on the night of the 13th, that Barry could not have his clothes till he paid the 10s. he had borrowed of him and the 5s. from the mistress; he was going to let us have the bag without any bother, but his mistress came down and kicked up a row, and then he said "I am not going to have my house scandalised by saying I stole a 10l. note"—he was going to give us the bag without saying anything about borrowing the money, and he had the key in his hand when the mistress came and took the key from him—I did not hear Barry say after dinner "I can't find a 10l. note," nor did I hear him ask the prisoner if he had seen it—when we both went up the prisoner said "I have not seen no note; you never gave me no note"—the last time I saw Walker was about an hour and a half after dinner was over—I saw Walker pay the prisoner at the same time that Barry settled—Walker gave him a 10l. note, but he got no change at all; he said "I will do that without your changing that 10l. note," and he handed the note to the prisoner, who handed it to Walker about five minutes afterwards, and Walker put it in his pocket—I saw him do that—I did not take the numbers of the notes I received when I was paid off; I am no scholar—I saw Walker take the numbers of his notes—he asked the prisoner for a pen and ink—that was before we had settled—he put the numbers down and put the notes into his pocket—I did not see anybody else do that.

Re-examined. I can write my name—I cannot take down the number of notes—the prisoner was willing to let the bag go, till his wife came down.

HENRY HUGH O'NEAL . I am a seaman and live near Dublin—I was paid off from the Packwan on the 13th, with Barry, Walker, and Ashton—I went to the prisoner's house and saw Much, the tailor, there—I remember payment being made by the men for their board—I did not see Barry pay for his board, but I saw him pay for a pair of boots—the prisoner said What about those boots, you have not settled for the boots yet," and I saw him give a bank note to Robinson, who doubled it up and put it into his pocket, and Barry was to get his change back—I saw Walker give the prisoner a 10l. note, Walker and I were settling our bill together,

we bad two 10l. notes and some gold; Walker had paid Much his bill and my bill, and then the prisoner turned over his books, and the first name was Walker's and the second mine; Walker took a 10l. note from his pocket and gave it to Robinson, he doubled it up and put it in his pocket, and said "I mil give you change presently"—I had nothing else but a 10l. note to pay my bill, and I did not like it; I said to Walker "Go down and get change for 10l. and I will pay both our bills"—he brought back nine sovereigns and two half sovereigns—I bad to ask five or six times for my note before I could get it back again because he was so busy at the time—Barry had paid before that—I did not go down to dinner, neither did Walker, but after dinner I me Walker making an entry on his discharge note—Barry, asked "Where is my 9l. odd V and the prisoner said "You gave me no 10l., my boy, you are mistaken"—Barry said "I did," and he called upon me—I said "Turn out your pockets and let him see that you have not got the note or the change,' and he did so—Walker then said to the prisoner "Give me your pen and ink and I will take the numbers of my notes," and he did so and I did the same of the note I had retained—I heard no further, discussion, as I left to catch the train to Liverpool, and Walker went with me in the cab—he and I were mates on board ship, and Barry and Ashton—I next heard about this from the Collector of Customs.

Cross-examined. Walker gave the note to Robinson before he went down to dinner—the disturbance I heard took place after dinner, and after that Walker asked for the pen and ink—I saw Walker take the notes out of his pocket; his breast pocket, I think—he took them both out at the same time—I used the same pen and ink immediately afterwards.

ALFRED HODGES WALKER . I am a seaman—I—was paid off on 13th February, and went to the prisoner's boarding-house—I received two 10l. notes, but did not take the numbers—various payments were made to the prisoner and Much—I saw Barry pay a note to the prisoner, but whether it was a 5l. or a 10l. note I cannot say—I had heard him say that he had to pay a bill of 18s.—I then gave the prisoner a 10l. note, and told him it was in payment of my board—he gave me no change at all, because my friend, McNeal, said "I will change my note, and that will save you changing yours," and I went downstairs with McNeal and asked the mistress for change, and McNeal paid my score as well as his own—I then received a note back from the prisoner, but I do not know whether it was the same that I had given him—I did not get it immediately I got back, I had to ask him for it again, and he said "I will give it you directly"—I did not go down to dinner, but I received the note back before they went down to dinner—O'Neal was with me all the time—I heard Barry ask for his change in the room, and the prisoner said "I will give it to you by-and-bye"—while they were at dinner I went to Much's and bought a canvas bag, and gave Much the 10. note which the prisoner had given me, for which Much gave me two fives—I have got the number of the 10. note; I put it on the hack of my discharge before dinner—this is it, No. 94368 is the one I retained, and No. 94353 is the one I paid to Much—I thought it was very strange that the prisoner did not return the change, and thought it was better for me to take the numbers of my notes, and O'Neal took the numbers of his at the same time—none of us changed notes between ourselves.

WILLIAM MUCH . I am a tailor, of 35, St. George's Street—on 13th January I was at the prisoner's house—I remember the men of the Packwan coming in—Walker owed me an account, and he came to my shop that day

and bought a bag for 2s.?. 6d., he asked me to change a note, but I cannot tell the number of it, as I received two notes that day, one from Walker and the other from Mr. Ashton—I found myself in possession that day of a note numbered 94353, but I connot tell you the number of the other—the prisoner came to me the day after, and asked me whether I had the notes which I received from the seamen the day previous—I said "Yes "he asked me to give him the number of the two notes, and I did so—I did not stamp the notes—I gave one to the policeman by order of the Magistrate, and the other I paid to my landlord.

Cross-examined. I have known the prisoner for three years and never heard anything against him—he-told me there was a difficulty about a 10l. note which was lost—I gave him the numbers of the notes I had; I understood that that was to show to the men.

MR. DAVIS. I am an agent to Mr. Samuel Plimsoll and am stationed at Hull—on 18th February Barry came there and made a complaint to me.

The Prisoner received a good character.

GUILTY Five Years' Penal Servitude.

NEW COURT.—Saturday, March 10th, 1877.

Before Mr. Recorder.

5th March 1877
Reference Numbert18770305-314
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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314. VICTOR TREVELLI (39) , Feloniously forging and uttering a bill of exchange for 48l. 10s, with intent to defraud.

MR. BESLEY conducted the Prosecution; and Messrs. Montagu William and A. B. Kelly the Defence.

SEBASTIAN SAUER . I am a native of Germany—I have been ten years in Bermuda—I have lately come to London and reside with my wife at 4, Ladbroke Grove, Notting Hill—I became acquainted with the prisoner shortly before 11th November, he was then living at 4, Lime Grove, Shepherd's Bush—he made a proposal to me with reference to the discount of bills of exchange—the first was a bill for 25l. we were to go halves; we were each to provide half the discount and share the profit—I provided 12l. 10s. and afterwards got it back from him—on the evening of 14th November he was at ray house; my wife was present—he proposed to discount a bill of 48l. 10s. of one Horton; each of us were to pay half and get 2l. each interest—I had not heard of the name of Frank Bouts at that time—on 15th November this letter was brought to me with an envelope and letter enclosed—to the best of my belief it is the prisoner's writing. (This enclosed a letter, signed Frank Bouts, asking for the money by 11 o'clock; the prisoner in his letter requesting Mr. Sauer to forward by the bearer (the prisoner's daughter) 24l. 55., the half for the discount of the bill.) The letter enclosed a bill of exchange for 48l. 10s., dated 14th November, at two months, drawn by the prisoner on Mr. F. Bouts, wine merchant, Holloway, accepted by Frank Bouts, payable at the London and County Bank—in consequence of that I handed to Miss Trevelli 22l. 5s.—subsequent to that, whilst the bill was current I lent the prisoner 20l. and he wrote and gave me this I 0 U—I also received from him these eight letters which, to the best of my belief, are his writing—I kept possession of the bill until two days before 17th January, when it was due, when I gave it to the prisoner in my wife's presence; he said he wanted to get it cashed—on the evening of the 17th he came and said that when he went into the City to call on the man for

tie money he found the man was killed and that his' widow was at Scar-borough and he was going to write to her—he subsequently sent me back the bill in this letter. (This was dated 25th January, and stated that his Idler to Scarborough had been returned, as Mrs. Bouts could not be found.) When the bill was returned to me the words "No orders, refer to acceptor" were on it—after that I employed Mr. York, my solicitor, and a summons was obtained at the Hammersmith police-court—I appeared there and my wife and I gave evidence; the prisoner was remanded from the 10th February to the 17th—on 15th February I received this letter from the prisoner. (This stated that he had made over his furniture to the witness, which he hoped thortly to redeem and pay all that fie owed.) I did not take possession of the furniture, but in consequence, of that I attended before Mr. Bridge on 17th February and refused to be bound over, and my wife also, and we were locked up—I afterwards consented, and was liberated.

Cross-examined. Mr. Besley was my counsel—I wanted my money in the Civil Court, I had no idea of putting the criminal law in motion—we were so far on friendly terms that I wanted to go into business with him.

GEORGIANA SPENCER SAUER . On the night before Miss Trevelli brought tie 48?. 10s. bill the prisoner asked my husband if he would lend him the amount on the bill and go halves with him—he mentioned Mr. Horton's name, but I can't say whether it was about that bill or not—the interest was mentioned, 2l. each; my husband agreed to that—I did not hear the name of Bouts mentioned—on the morning of the 17th the prisoner came for tie bill to get it cashed—when the bill came came with the words "Refer to acceptor" on it I went to the London and County Bank, West-bourne Grove, and made inquiries and looked in the Directory, and went to Mr. Fork—on 10th February I was examined as a witness before the Magistrate—after the letter-of the 15th I went again before the Magistrate on the 17th and was locked up for a short time.

CHARLES CHABOT . The water mark, "J. H. Allen," in the letter of the prisoner is the same as in some of the other letters produced—the letter signed "Frank Bouts" is in the same handwriting as the other letters, and the direction on the envelope also—all the writing on the bill of exchange is in the same hand, the acceptance, the words "Refer to acceptor," and all are in the same hand as the letters—I have had these eight letters placed before me for the purpose of comparison. (The witness described the peculiarities of the writing upon which he founded his opinion.)

Cross-examined. I have been examined as a witness very often—during an experience of thirty years I think I must have "made a mistake—experts have disagreed; Mr. Netherclift and I have disagreed—I have compared the signature on the bill with all these letters; I came to a conclusion rather quickly, more quickly than usual.

FRANK BOUTS . I keep the Devonshire Castle, Devonshire Road, Holloway—with the exception of my little boy, three years of age, there is no other Frank Bouts—I have seen the prisoner in my bar when I kept a house in Seething Lane, City, but not to speak to him—I never applied to him to get a bill of exchange discounted—I know nothing of this bill, the acceptance is not mine—I know nothing of this letter—I was never at 4, Sime Grove, Notting Hill, I was not there waiting for W. 10s.

Cross-examined. I have lived at Holloway fourteen months.

CHARLES HUNT . I am a clerk at the head office of the London and County Bank—there was no customer there on 15th November, 1876, or

17th January, 1877, of the name of Frank Bouts—I do not believe the words "Refer to acceptor" on this bill were written by any one in our bank—the bill is not endorsed by the drawer, which is usual—the bill has never been presented at our bank—I have examined the books and there is no record of it—this is not such an answer as we should put on a bill.

Cross-examined. If there was no account we should put "No account at 21, Lombard Street"—if there was an account we should pay it if there was money enough, if not we should put "Not sufficient."

GUILTY Five Years' Penal Servitude.

FOURTH COURT.—Saturday, March 10th, 1877.

Before Robert Malcolm, Kerr, Esq.

5th March 1877
Reference Numbert18770305-315
VerdictNot Guilty > unknown

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315. JOHN SLATER (22), CAROLINE NAYLER (21), and HANNAH O'LEARY (29) , Robbery on Richard Jordan and stealing from his person 9s. 6d. his money.

MR. RAVEN conducted the Prosecution.

RICHARD JORDAN . I belong to the schooner Topsy lying in Harrison's Wharf—on 8th February, about 12.10 p.m. I was in company with the prisoners—we had just come out of the Old George, and Nayler put her foot out and I fell over it—I then felt her take my money 9s. 6d. which was loose in my trowsers pocket, most of it in silver—I told her that she had my money—she said she had not—Leary came up and I saw them part my money between them—I gave the three in charge, and going along Slater took some money out of Leary's hand as the policeman was dragging her along, and Slater dropped half a crown and a florin—Slater said "That is all the money I have got, say no more about it."

By THE COURT. I had not been drinking much—I knew what I was about—I came off at 8 and began drinking at 10 o'clock—these were the first girls I met—I had not been drinking with any others.

Cross-examined by O Leary. I did not ask a girl to have a drop of short—I did not ask them to come outside—I was dragged out by Slater.

WILLIAM AINSFORD . I am a gardener of 9, Trinity Square, Tower Hill——I saw the prosecutor and the prisoners at the bottom of the Minories and saw a half crown and a florin fall between them—Slater ran up the Minories and Jordan after him—As Slater was going to the station he gave up some money and said "I have delivered up all the money I have got, you did not ought to charge me with doing this."

JOHN RUSSELL (Policeman). I was on duty on Tower Hill—the prosecutor pointed out Nayler to me and said she had robbed him—I took her in custody—he then pointed not O'Leary and I took her—Slater came up and I heard some money rattle in his left hand and the half-crown and florin (produced) dropped on the ground—I followed Slater and overtook him—he said to Jordan "You ought not to charge me, I gave you all the money I had."


5th March 1877
Reference Numbert18770305-316
VerdictGuilty > unknown

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316. JAMES CLING (18) , Stealing a watch of Sidney Bartle from his person.

MR. DAY conducted the Prosecution; MR. RAVEN the Defence.

SIDNEY BARTLE . I am a clerk—I live at 451, Old Kent Road—on 17th February I was on Tower Hill—there was a crowd there—I felt my chain fall down and saw the prisoner running—I ran after him, tapped him on

the shoulder, and said "Give me my chain"—he said "I have not got it, I will give you something," and I saw him hand my watch to another person—I gave the prisoner in charge—my watch was not found—it was worth 5l.

Cross-examined. My watch was in my waistcoat pocket, and my coat was fastened by one button, and the chain was showing—I swear positively that I saw the watch in the prisoner's hand—he held it out in this way and I saw it passed on.

----Peek (Policeman H 176). I was called and found the prisoner detained—he was charged with stealing the watch—he said that he had not'

Cross-examined. He said "I have not got the watch; I have not seen the watch; I have only just come up."

The Prisoners Statement before the Magistrate: "He tapped me on the shoulder and said 'Give me my watch?' I said 'What watch, I have not got any watch? search me.' I never ran away."

GUILTY Twelve Months' Imprisonment.

THIRD COURT.—Wednesday 7th March and following days.

Before Mr. Common Serjeant.

5th March 1877
Reference Numbert18770305-317
VerdictGuilty > pleaded guilty

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317. ERNEST SCOTT JERVIS (37) , PLEADED GUILTY to obtaining credit on false pretences. It was stated the prisoner had been four months in prison and his health was giving way—Three Months' Imprisonment.

5th March 1877
Reference Numbert18770305-318
VerdictsGuilty > unknown; Guilty > lesser offence; Guilty > unknown; Not Guilty > unknown; Not Guilty > unknown
SentencesImprisonment > penal servitude; Imprisonment; Imprisonment > penal servitude

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318. ALEXANDER GARDNER (59), CHARLOTTE TRAYFORD (46), WILLIAM ALEXANDER WOOD (40), JOHN LAURIE (36, JAMES PARKER (56), EDWARD BATSON (57), JOSEPH ORD (50), RICHARD JACKSON (40), SAMUEL WAITE MOORE (44), JOHN RICHARD BURDEN (28), and MORRIS COHEN (48), were indicted for unlawfully conspiring, together with J. W. Francis and others, to obtain and obtaining goods from divers persons on false pretences; Cohen was also charged with receiving the said goods knowing them to have been fraudulently obtained.

MR. BULWER., Q.C., MR. H. COWIE, and A. DICEY conducted the Prosecution; MESSRS. MONTAGU WILLIAMS and J. CARR appeared for Wood, MESSRS. STRAIGHT and GILL for Laurie, MR. COOPER-WYLD for. Parker, MESSRS. POCOCK and RAVEN for Batson, MESSRS. M. WILLIAMS and ATHERLEIGH JONES for Ord, MR. DALTON for Jackson, MESSRS. F. H. LEWIS and DOUGLAS METCALFE for Burden, and MESSRS. BESLEY and J. P. GRAIN for Cohen.

JOHN O'CALLAGHAN (Police Inspector K). On the 3rd November last,. I had charge of the prosecution of the prisoner Cohen, at the Worship Street police court, when he was charged with receiving a piano—on the 4th November I went to 4, Minories, which had the appearance of a boot and shoe shop—Cohen was then in custody—I saw a man minding the warehouse I searched the premises and found some bicycles, steam gauges, musical instruments, saddlery, gimlets, cash boxes, frying pans, tin ware, copying presses, gum brushes, an anvil, sewing machines, four sets of harness, three pianos, and some augurs—one piano was at the back, packed in a case, which I opened and found some steam gauges and an invoice, with a list of the contents—I afterwards went to the premises with other officers, named Dedicoat, Finnis, Thompson, and Cliff, some of

the goods were afterwards removed by their owners, and some by the police—on the 8th I saw Cohen there, who was then on bail—his daughter said "This is an inspector"—he turned and asked me my business—I said I had come to take the invoices and the goods—he said "You will take nothing away. Mr. Besley ad vises that you have acted illegally in taking the pianos away, and if I had been there I should not have allowed it"—Francis' name was not then mentioned in Cohen's presence—on seeing the daughter on a former occasion, I said I would withdraw the men if she would produce the invoices for goods purchased, and she did so—on November 10th I went to 18, John Street, Minories; the name, "J. W." Francis& Co." was on the door—there was an outer and an inner office—on searching I found some iron and copper ware and some papers, which are not evidence—I afterwards went to 12, Wells Street, Cripplegate, and saw the woman Trayford through the wicket in the office; her head only was visible—I asked if Gardner was in—she said "No," and enquired my business—I told her I was sent there by a person upon an account, and "I suppose he has a warehouse here"—she said "Yes"—the name Gardner was on a zinc plate on the outer door, and the word "Factory" on another door—on the 15th I went again with constable Thomas and saw Trayford, who said Gardner was not in, but would be shortly; he had not been there that morning—I watched the premises till 12 o'clock, and then left constable Waller and another officer there and went away—when I came back Gardner was detained by Waller—Waller said to Gardner "Here's the Inspector," and we went in the office—while there, Gardner said "What is it all about, come with me this way" and he took me into a little office—I told him he was charged with conspiring with Francis, to obtain goods; he said "Francis has money to pay for all the goods he has; he has 600l'—I asked how long he had known Francis—he said two years or more—said "Are you sure?"—he said "Let me see, I won't be certain"—he crossed the room, took up a book and appeared to refer to it, and said "I think it will be about fifteen months"—I afterwards examined the book and found all the leaves had been torn out—he was then taken to the station and charged—I went again, Trayford was still there, having been left with other officers—Laurie came in, and said "Good evening," and asked if Gardner was at home—Trayford said "No"—he asked if Gardner was expected that evening—she said she did not know—Laurie then said he would sit down and wait—three other officers were present, Holt, Waller and Thomas—after a while I said to Laurie "What is your business with Mr. Gardner?"—he said "Oh, nothing, I have just called to see him as a friend"—I said "Then you are in the habit of calling on him"—he said "I was here last night and we had a glass together"—I told him we were officers, and should require him to account for his presence on the premises—he said "I will satisfy you very soon," and he took from his pocket a number of memoranda—he said "I am a commission agent and travel for Crowther& Son, soap boilers"—I examined the memoranda, they were addressed to him by Crowther& Son, one was a complaint of the customers Laurie was introducing to them—it was getting dark and we obtained a candle; I was sitting opposite Laurie who dropped a piece of paper from his pocket-book, which he held in his hand; I asked him what he was doing—he said "Ob, nothing, it is a piece of paper I picked up from the ground"—I took it from him, Laurie said "It is only an advertisement

relating to starch"—afterwards he said he had not seen Gardiner for sometime, and it was only lately he had discovered where he was—I said "Then you knew him at Commercial Street?"—he said "Yes"—I said "He was trading as Anderson then"—he said "Yes, but people trade under all manner of names"—I asked him if "he knew Francis?"—he said yes, he gave him an order for soap, but knowing what kind of a man he was, he did not deal with him—I told him that he would be taken into custody and charged with conspiring with Gardiner—I have the pocket-book, Francis' name appears in it—Laurie said he had been in business with a man named Wood, but the partnership was dissolved, and he had now no fixed place of business—when I mentioned the charge, Laurie said "I think you are rather premature," and Trayford said "John, a' rent you sorry you came in"—Laurie made no reply; I then told Trayford that she likewise would be taken into custody on the same charge—one of them, I think Trayford, gave me the address 6, New Street, City Road, and I found the keys of that address in a bag which Trayford had at Gardiner's house—I went there on the following day, and found a number of papers relating to Gardiner's transactions, some in the name of Wright, some Anderson, and some Gardiner—I have given up the papers to Mr. Wontner, among them was an invoice for brandy delivered by Storey& Co., at Well Street—a label was pasted on the door accounting for Gardiner's absence—at New Street, I found these documents marked "Bo" and "Bp," they relate to the brandy from Storey& Co., 46, East Cheap, agents for a company in Paris, to James Anderson &Co., 73, Commercial Street, one amounting to 10l. 16s., the other has the same heading, and amounts to 8l.—at John Street, I found Br and Bs, By, and Bz, the two last with the name of Johnson on them and addressed to Francis—I also found at New Street Ca, Cb, and Cc, they relate to starch, "Cd" is the paper Laurie dropped—on 6th December, I went with Waller to Capland Street, Lisson Grove, the house occupied by the prisoner Parker—nobody resided on the premises and the key was left at the landlord's house opposite—the name Parker& Son was painted over the door, the windows were browned 3 feet high, and above the colour a few bandboxes and caps were visible—there was no appearance of business being done—I went there first on the 5th, and watched from 3.30 till 8 o'clock, the shop was closed all that time—next day about 6 o'clock, Parker entered by a side door, remained about a minute and then left with a bandbox, Waller watched at one end of the street and I the other—afterwards Waller came up with Parker and said This is Parker"—Parker denied at first, but he now admits that he is the man—he opened the door and we went in—I showed Parker the paper marked Bn, which is a memorandum headed "James Parker and Sons, wholesale and retail hatters," at the end there is "Please note removal from 3, Capland Street, Lisson Grove, established 1859;" it is addressed to Messrs. Barman and Son, Huntingdon, and states that Messrs. Francis and Co. were customers of theirs, and they considered them safe for a reasonable amount, their account with them being 70l. a month, and they had always found them prompt in payment—it also stated "We are making up our Christmas stock of son-westers and water-proofs, and shall be glad to receive samples of same"—I showed him this document and he said "Yes that is my writing, Francis and I had some dealings, and I gave him that reference"—I then produced the printed paper marked Bn, which is a memorandum from Buxton, Abbott, and Co., merchants

and drysalters, Hop Exchange, marked "Private and confidential, dated 21st August, 1876, and addressed to Spencer and Evans—it says "Gentlemen, your favour of the 19th instant this morning to hand. In reply, we have to say Messrs. Francis and Co. have for some time done business with us satisfactorily, having always been prompt in keeping faith, and we do not hesitate in saying you are safe in doing business with them, certainly to the extent you name. Yours faithfully, Buxton, Abbott, and Co."—Parker said "That is my writing, but I wrote it as the clerk of Buxton and Co.—I then searched the premises and found a number of crates with paper outside so as to make them appear to be packed full, but they were empty—I also found a large number of empty hat boxes and about three dozen hats—Parker was taken to the station and charged—he refused his address, stating he did not wish to compromise his son—on December 15th I went with Detective Holt to 16, Water Lane, Eastcheap—there were several offices, and on the third floor the name Jackson and Co. was painted on the glass on the door of an office—I entered and saw Jackson—I said "Are you Jackson?"—he said "Yes"—I said "You obtained some soap from from Messrs. Crowther and Sons"—he said "Yes," they have put in an execution and that is all done with"—I said "You are reference for Buxton, Abbott, and Co."—he said "No, I know people who have used my name, but without my authority," and that he never gave them a reference—I told him he would be taken into custody and charged with conspiring to obtain soap—he said "Very well"—I then examined the papers lying about—a man named Mootham then came in and said "Good morning" to Jackson, and sat down—I asked him his business with Jackson—he said he merely called as a friend—I said "Then we can dispense with you"—he stood up and was about to leave when Jackson said "There is a letter-book of yours there, you may as well take it with you," and produced this book—I said I should search it, and did so—it is a letter-book of Mellor, Green, and Co., and I found some papers relating to trans-actions with that firm—I asked Mootham if he belonged to that firm—he said "No, and there is nothing in the office belonging to me but a shirt, that is not my book"—Jackson then said "I want him to take it to a friend to whom it belongs"—I took Mootham into custody—Batson then came in and said "Good morning" to Jackson and walked into the office—I asked him his name and business—he said "Batson; I sometimes sell goods for Jackson on commission"—I said "Do you know Taylor, a shirt dresser, Old Street Road 1"—he said "Yes,"—I said "Do you trade as Batson and Co, Iron Bridge Wharf, and Buxton, Abbott, and Co., Hop Exchange"—he said "No"—I then showed him some letter paper, headed Mellor, Green and Co., and' asked if he knew them—he said "No"—I said I felt satisfied he was Buxton, and took him into custody for conspiring with Francis to obtain goods from Pinson and Evans, of Wolverhampton—I do not remember whether he replied—I left Holt in charge and went away for assistance—on returning I noticed some torn up papers in the grate, and Batson was standing with his back to the fire—I said "You have been tearing up these papers while I was away"—he said "No, I have not"—I then examined his books and found some paper correspondiug with the pieces—this marked Dg is from Oliver Lodge to Jackson and Co., asking for the address of Francis and Co., formerly of 18, John Street, Minories—Dq is addressed to Francis& Co., asking for the payment of 12l. 2s.—I also found the papers marked Dr to Dz; Dx and Dy are pawn tickets, I one in the name of Mellor, Green, and Co., and the other of John Oates—

Dx is pledged with John Eltham, Bishopsgate Street, and Dy with John A. Russell, Fore Street—Dz is a writ against Jackson by one Carver—I also found Ea to Ef 5; two are pass-books, one of Jackson and Co. with the Aldgate Branch of the City Bank, in which appear the names of Batson, and Mootham, the other was that of R. Jackson, with the London Provident I Bank, and contained the names of Laurie, Hudson, Jackson, Prendergast—I I know Parker's handwriting—Eq is in the same hand—Dw is a printed label from W. Chapel's Botany Works, Botany House, Ashton-under-Lyne—I on the evening of the day Jackson was apprehended I went to Bow Lane I police-station with Butters, the office-keeper of Gracechurch Street, and saw Jackson and Batson in the cells—Butters identified Jackson as the man who I had taken offices as J. D. Mellor, and Batson as the man who called himself Green—Jackson said nothing—Batson said "Mind, I did not tell you that I I did not know them," meaning Mellor, Green and Co., "but that I had no I business with them"—I said "You denied all knowledge of them"—in consequence of something I found amongst the papers at Water Lane, I went to Ord's house in 2, Queen Elizabeth Street, Tooley Street, on the 22nd December—I saw a woman—I asked if Mr. Ord was at home—the woman said "No," and enquired my business—I asked if Ord would be in during the day—she said he might be; and I said I would call again, and I went I again with Waller—Waller called, and I waited near, and in consequence of what he said when he returned I went to the house with Waller and Holt—I saw the prisoner Moore—I passed into the work-room, and asked, in Moore's presence, if Ord was in; the woman said "No"—I said I would I call in the morning—I asked Moore if he was Ord—he said "No; my name is Moore"—I said "Are you connected with the business?"—he said "No"—I asked him his business there, and his address—he said he lived at Shakespeare House, Forest Hill, and that he had merely stopped there the night previously, and that he had been minding the house in the place of Mrs. Ord—I said we would go to his house—he said "Nobody lives there now, the place is closed"—I asked him again if he was connected with Ord—he said "I sometimes assist him in his business"—the woman then said "What is your business with Mr. Ord?" and, pointing to the doer, "No admittance is marked on the door, and you have no business to be here"—I said "I have called on behalf of a man named Lodge, who sold goods to a man named Francis in the Minories. Mr. Ord was reference for Francis, and as Mr. Lodge had received no payment he looks to Mr. Ord for payment"—she said "Could not Mr. Lodge have written?"—I said "He has done so already"—she said "Well Mr. Ord is not here"—I then said "We will wait till he does come"—the prisoner Ord then came down-stairs and said "What is all this about? come with me, and let us not have any bother about it," and he took me into his office—Moore went in also—I said "You gave a reference to a man named Francis, by means of which he obtained goods from Oliver Lodge"—he said "Yes, I think I did, Francis had some business with me, and he now is indebted to me to the amount of 16l."—I said "You are also a reference for obtaining goods from McDonald and Co., of Birmingham"—he said "I do not remember that I was"—I then shewed him the reference in favour of A. R. Welham, and asked him if it was in his handwriting—he said "No"—I then said "Is it Moore's, the name resembles his?"—he considered for a time, and then said "1 don't think it is"—I then handed it to Moore, and said "Is it yours?"—Moore looked at it a short time and said "No; it is not"—I then told

Ord that he would be apprehended on the charge of conspiring with Francis to obtain goods from Oliver Lodge, and also from McDonald—I then proceeded to examine the papers, and found some envelopes addressed to W. Moore, 17, Wells Street; I also found the day-book produced, which is lettered Hg, and shows transactions between Holmes and Co. and Francis and Co. with Ord—I also found on Moore the list of articles marked Ho and Ho 1 to 3, which consists of pieces of paper—I know Fenn, the carrier—he employs four men, named Driscoll, O'Brian, Relton, and Robinson—in consequence of what I heard from one of them, I went, on 6th of January, between 6 and 7 o'clock in the evening, to 9 and 10, Wellington Road, Holloway—one is a private house, and the other is an office and a warehouse—I entered the premises and saw a man who said he was Burden—I asked him if he knew Francis, who had an office in the Minories—he said "Yes, he was introduced to me by a friend of mine, a respectable man"—I said. "What is your friend's name?"—he said "Gentles; he was at one time in my employment as traveller"—I said "Do you know where "he can be found now?"—he said "No, I have not seen him for some time"—I said "You had some transactions with Francis?"—he said "Yes, I bought some borax"—I said "Anything else?"—he said "No, nothing that I can remember now"—I said "Perhaps if you refer to your books you will be able to see"—he said "I have no entry of anything I purchased from him"—afterwards he said "Let me see, Francis told me that he was removing from his premises in John Street, and he wanted to leave some goods somewhere till he could find another place; he left them with me and I afterwards lent him 35l. on them"—on asking what they were, he said some shovels and some things in cases that he had not opened and which were over his stables—I asked him if he had any document showing that transaction, and he said he did not think he had or that he could not find it, I am not positive which—I then said "I know a number of goods have been delivered to you, have not you got any receipts and papers relating to them?"—he searched his desk and handed me the paper Ja—it is all manuscript and says "18, John Street, Minories, City. Messrs. Burden and Son. Received 15l. on account of goods delivered"—then there is a list—I took up one of his printed memoranda which was lying on the desk; it is this: "J. W. Burden and Son, dealers and oilmen, 9 and 10, Wellington Street, Holloway"—having seen bicycles mentioned in the list spoken to I said "Surely bicycles do not come under grocer's sundries"—he said "I would buy anything"—at my request he then produced the two other invoices marked Ja 2 and Ja 3, and two others were found further down on the file—they all relate to purchases from Francis and Gentles—I then asked if he had the goods in his possession which were doposited on the loan—he said "I have sold the bicycles"—he had made no entry of the sale and could not give the name of the buyer, but he thought his name was Meyer—he said Francis told him if he did not get the money he might sell some of the goods—I said "You have seen the account about Francis in the papers; how is it you did not let the police know these goods were in your possession?"—he said yes, but he did not think it was any part of his business—he said he did not know where Francis or Gentles was—I found the pass-book produced at Burden's. (This contained an entry on 21st November, "Francis 30l") I pointed out the date of the entry and reminded Burden that a report of Francis'

case appeared a week before—I also noticed more than a dozen taps on the mantel-piece marked DMD, and asked him about them—he said "I think I bought them of Gentles"—I then went to the stables in Victoria Street, and found under a quantity of hay, forty-eight bundles of coal shovels, and six cases, five of them being closed and one partly open—I afterwards found them to contain waterproof composition—on seeing the boxes at first I remarked to Holt in the prisoner Warren's presence "Perhaps some of old Jones' composition is here," and Burden said none was there—there were cards on the boxes and I asked to look at one, and I did look—"Yes," he said, "Francis advertised this composition in the 'Grocer'"—I said "I thought you told me you did not know the contents of the cases'?"—I do not remember his reply—I went to some other stables and found several gross of brass screws in opened packages and four gross of toy pails, and in a case not then opened I found a patent screw making machine with the name "J. Shine," and an address in Paris on it—Mr. Shine had previously written to me that he had lost one—the invoice Ja relates to the toy pails—I had previously remarked it was strange he should lend money on cases if he did not know the contents, and he replied "I thought there was enough for my money in them"—at the office of Buxton, Abbott, and Co. I found several cards—one has on it "E. Kemp and Co., 3, Adelaide Place, London Bridge," another "Jackson and Co., Holloway Road," another "Frederick Ransom, of Ransom's Bank," and others—Mr. Shine identified his screw machine in my presence, and Mr. Jones, of Gloucester, has identified his composition.

Cross-examined by MR. M. WIELIAMS. Laurie was taken into custody about 16th November—Wood appeared to a summons at the Mansion House—he was living at 59, Leadenhall Street—I called on him a week before the summons was taken out—he expressed regret at his connection with Laurie—he knew the photos of Anderson and Francis which I shewed him, and I then asked him to meet me at Mr. Wontner's office the following Friday, in order that he might give evidence—he did so—I and another detective were present—Mr. Wontner asked Wood several questions and wrote down his answers; after an interview of about half an hour, and after Wood saying what he had written down was wrong, Mr. Wontner said it was no use playing with him any longer, if he wanted him he would send for him—Wood also came to the Mansion House at the time of the inquiry, but waited in a public-house—he was served with a summons afterwards, when further evidence had been obtained, he attended the summons, was arrested, and committed for trial.

Cross-examined by MR. GILL. I took Gardner into custody on 16th Member—Holt was with me—we were not in uniform—Laurie told me at once that he was agent for Messrs. Crowther and Co.—he said he had Solved his partnership.

Cross-examined by MR. COOPER-WYLD. Parker said he did not want to compromise his son and would not give his address—I did not say "Quite right too"—there was an appearance of receiving goods at Parker's house, but no appearance of selling goods—the door was closed, but the shutter was down—I found no papers there—two post letters were received at the opposite house for him which were claims for money.

Cross-examined by MR. POCOCK. Some paper may have been in the grate before Batson came in, but he appeared to be tearing up paper in his pocket

with one hand, and the fender was littered with them when I came the second time.

Cross-examined by MR. DALTON. I noticed the torn-up paper after Jackson came in—I cannot say that the books found at Jackson's shew that actual business was done there—I found several letters on Jackson.

Cross-examined by the Prisoner Moore. You told me you had no connection with Ord and Co., but I found letters among Ord's papers to you, and your writing was in the ledger.

Cross-examined by MR. GRAIN. Cohen was charged at the police-court on the 3rd November—I went to his house on the 8th—I knew of two cases against Francis at that time—Mr. Gautier made no statement at the police-court asking that the charge should be withdrawn, but his solicitor said he would bring an action if Cohen was acquitted—I saw two pianos standing in the passage at Cohen's—anyone might see them who entered the ware-house—I looked at the books on 4th November—I asked Miss Cohen to shew me the invoices of anything out of Mr. Cohen's trade, which she did, and some of them have been produced—I left other men in charge of the place—when Francis came in he said "What is this fellow doing here?' and "Turn this fellow out"—I do not know that the Continental Company have withdrawn from the prosecution.

Re-examined. No cheques were produced to me by Miss Cohen—Mr. Cohen never told me how he knew Francis—Wood's address was 59, not 69, Leadenhall Street—it consisted of one room, which contained three or four chairs and a table, but there were no goods there of any kind—Laurie was in custody at the time Wood was saying he had dissolved partnership with him—Wood said what Mr. Wontner had written down of his evidence was not correct, and Mr. Wontner corrected the statement three or four times, Wood contradicting it each time, and at last Mr. Wontner said "It is no good playing with me any longer, if we want you we will send for you"—after Wood was summoned a Mr. Allen appeared as a witness in reference to the charge made by Mr. Dickson, and made a communication to me about Wood as he saw him coming up the steps of the police-court—I afterwards saw some papers—Wood appeared before the Magistrate and was committed for trial.

Thursday, March 8th, 1877.

JOHN O'CALLAGHAN (re-called), cross-examined by MR. A. METCALFE. Burden's place of business appears to be a private house—I do not know his father—it is an oil and colour business—I have seen his billheads—he has horses and carts applicable to his own business, but, so far as I know, goods may have been delivered in other people's carts—I only know from Burden's statement that he employed Gentles—Burden told me that Francis was introduced by Gentles when Gentles was a clerk to Francis—there is a cheque for 30l. dated 9th November, from Francis in favour of Burden—I took away invoices belonging to Francis—I saw several hundred invoices—Burden examined the file at my request as well as myself—here is one among these produced, for tin tacks—the waterproof paste was advertised in the "Grocer"—if Burden's actions had appeared genuine and fair I should not have taken him into custody, but they did not appear so—the word "bought" appears on some of the invoices from Francis to Burden—when I first went to him he appeared to know who I was—when 1 asked him if he knew Francis, he answered directly that he did.

Re-examined. Burden said he had seen the advertisement in the

'Grocer"—the conversations about the paste and the warehouse rooms took place when I was examining the invoices.

By the Jury. I only examined Cohen's day-book to find the address of I the man who had sold the pianos.

Cross-examined by the Prisoner Gardner. I went twice to Well Street; I once late in the evening and the next time early in the morning—I conversed with Trayford, who was in the little office—she may have said the 1 warehouse was at the back; if so, it was correct—I have not got the book-case here—I examined it; there was nothing in it.

WILLIAM WALLER (Detective K). On the 16th November I went to 12, Wells Street, and asked for Mr. Gardner—Gardner said "Perhaps you mean my brother"—I said "Well, you gave a reference for Francis, upon which he obtained a quantity of goods from the country," mentioning bicycles and other things—he said "No; I gave them a reference for some sewing machines"—.I said "I am a detective, and you will be detained and charged with conspiring with Francis and others to obtain those goods"—m Trayford, who had heard what passed, then went in the office, and I heard some paper being torn up—I said to her "you tear up anything that is in here"—she said "It is my own property, and I shall do what I like with it"—I picked up some of the torn paper—Laurie then came in—I have heard O'Callaghan's account as to Laurie, which is quite correct—on the 6th December I went to Capland Street to assist O'Callaghan—we watched Parker's house—I went up to Parker and said "You are Mr. Parker, I believe?"—he said "No; that is not my name"—I said "I'm a detective, have you anything to how me what your name is?"—he said "No, I have not"—I said "Come round into the next street, and we will see who you are"—he said "If that is the case, my name is Parker"—I I took him to Inspector O'Callaghan in Capland Street—I then received I some pawn-tickets from Mahoney, a detective of the B Division, who had I been left in charge of a house in Bath Street—some of the tickets relate to I sewing machines in the names of "James Anderson;" one is addressed 73, Commercial Road, the next 73, Commercial Street, the next 7, Commercial I Street, the next 73, Commercial Street—I then went to Queen Elizabeth Street and rang the bell—a female came to the door—I asked if Mr. Ord was in—she said "No; he is not"—I said "How long will he be?"—"I cannot say," she said, "perhaps a few minutes, and perhaps half an hour" I—I went away, and came back a short time afterwards with the inspector having kept observation on the house in the meantime—I was present and heard O'Callaghan's account yesterday of the interview, and it is correct—I arrested Cohen, and found on him this card, "M. Cohen, wholesale leather merchant and shoe factor, &c."; then there is written with a pen "and at 4, Minories, E.C."—I know the house at 4, Minories; it has the appearance of a shoe merchant's, similar to that marked on the card marked Hk.

Cross-examined by MR. WYLD. I arrested Parker in John Street and then took him to O'Callaghan—there may have been two letters in the shop; I did not take charge of them; I do not remember what became of them—there were three or four dozen hats at the house in Capland Street—there were four bottles of spirit there which we took away.

WILLAM THOMAS HOLT (City Detective). On 13th December I went with a search warrant to 4, Minories—I found four sets of harness and five dozen and one indiarubber brushes at the back of the premises—there was no name

upon the harness, the name "Thomson" was on the brushes—the place had the appearance of a wholesale bootmaker's—I afterwards went to No. 16, Water Lane with O'Callaghan—when he left I remained in the room with Jackson—two keys were on the mantlepiece—he said one belonged to the office door, the other he knew nothing about—on examining the door my back being turned on Jackson, I heard something fall into the fireplace—I turned, and fleeing but one key left, said "Where is the other key?"—he said "I know nothing about that, it must be you that dropped it, it is not mine"—I picked up the key—I subsequently went to Gracechurch Street Buildings and found that the key fitted the premises on the third floor occupied by Mellor, Green, and Co.—Butters was present; I entered—it was one small office containing one chair and a table—I returned to 16, Water Lane—O'Callaghan was there, and Batson and Mootham came in—I did not stay all the time, but left two uniform men with the inspector, but I heard what took place between O'Callaghan and Jackson and the men—after Jackson was told he was in custody we examined the papers.

Cross-examined by MR. POOOCK. Batson was not apprehended then.

Cross-examined by MR. GRAIN. No name had been taken off the harness—I went to Cohen's on two occasions with O'Callaghan—I saw Miss Coben the second time—she said the goods were bought at an auction—I hare no fault to find with the way she acted—I did not see any pianos—I did not examine the books; I was not present then.

Cross-examined by MR. METCALFE. I went with O'Callaghan to Burden's—I heard Gentles' name mentioned; I heard he was his traveller.

Re-examined. I do not know Gentles—I believe the pianos had been removed when I went to Cohen's.

JOHN RAILLEY COOK . I live at 18, John Street, Minories, and am the house keeper—in January or February last year a man named Francis took a room there and put up the name "J. W. Francis and Co.—he stayed till the 9th November, when he left suddenly—I cannot trace the likeness in the photograph produced—I knew Francis very well—he gave me as reference Mr. Prendergast, 129, Commercial Road, E., a cheesemonger—I have seen Parker at Francis' premises more than once, and Gardner frequently—Aarons came with Francis when he took the premises and was there frequently—I know Gentles, but not by that name—he went in the name of Lindsay and Belfoy, but not Blyth, to my knowledge—he was there frequently—they all appeared to be engaged in the same business—Aarons and Francis appeared to be the principals—18, John Street has another front at 11, Gould Square—Gentles had a blotchy face like a drunkard—I know Cohen's place, it is about 5 yards from 18, John-street—I have seen all sorts of goods come to 18, John Street, both large and small parcels, by railway vans and porters, and taken in—some were left in the passage and some sent away as they were, and some were unpacked—I have followed miscellaneous goods from Francis' office to 4, Minories, twice, loaded in an ordinary van quite fall—I did so because the rent was owing and I was getting nervous, for the landlord, Mr. Irvin's, interest—Lindsay went with the goods, but I cannot say if he or the others went into Cohen's premises with them—this was in the Autumn, and between 6 and 7 o'clock, getting dark—I have seen both Francis and Lindsay go to Cohen's—I have seen Cohen at Francis's; I cannot say the date—I spoke to Lindsay about the rent, and seeing the goods were not being packed in the ordinary way, I looked at the van and seeing no name on I said "You have no name on your cart, how is this?"—Lindsay said "Don't be afraid, you

can have a cheque to-morrow morning for your rent," which we received—the goods were loose in the van—goods continued to arrive at Francis' after he had left; I sent them back to the station, and I think they refused to take them in—I do not know what became of them.

Cross-examined by MR. WYLD. I saw many people besides Parker go upstairs at Francis'.

Cross-examined by MR. GRAIN. Francis and Co. had a wareroom on the second floor, after they had been at 18, John Street some time—it was not a large room, 6 or 7 o'clock in the evening is not an unusual time for goods to arrive—a great deal of business goes on in the square; I know Francis and Co. had a banking account at the Aldgate Branch of the City Bank.

Re-examined. The first office would not be more than 10 feet by 6 feet—you might add 3 feet to the width, as the size of the larger office—the furniture of the office was complete and belonged to us.

JOHN SAYER . I have the care of 73, Commercial Street—on the 25th March last, the prisoner Gardner came and took an office there in the name of Anderson, giving as a reference, Wood and Co., of Broad Street, and Predergast and Co., of Bow—my clerk went for the references—he is here—Gardner remained about a quarter and a half—he paid no rent—he gave me some champagne warrants once which were no good—I heard he was not respectable, and gave him notice to go; I put in the brokers for the first quarter's rent—I got him to put on a piece of paper that he would go out in fourteen days—I sent my solicitor to turn him out at the end of that time—he went out then.

Cross-examined by the Prisoner Gardner. You left a sample of the champagne at my solicitor's, and he reported it as being sour—I tasted some which was sour too—Trayford lived there—you said it was your furniture; I do not know if she remained after you left.

ALFRED MANNING . I am clerk to Mr. Sayer, I went to Wood and Co., 24, New Broad Street, and saw Laurie and Wood sitting at a desk—I said "I have called respecting James Anderson, of Jepp's Road, Bow, from Mr. Sayers, of Lower Thames Street"—Wood asked the nature of the business; I said Mr. Sayer had a house to let, Mr. Anderson had applied for it and referred to them; Wood asked me the rent and I told him—he said "I We known him a long time, and believe him to be a respectable man and a suitable tenant for a house of that kind"—he asked if Anderson had referred to anybody else—I told him "Yes, Prendergast and Co, of Bow"—he said "They are very respectable people; that is a good reference"—I wrote to the other parties and received the letters Gl and Gm—upon the strength of those references I let the house—Wood's office was a small room scantily furnished.

Cross-examined by MR. CARR This was about the 10th March—Wood addressed me chiefly—I did not see any other room.

Cross-examined by MR. GILL. I do not recollect seeing the name "Laurie" or" Cavanagh"—I said before the Magistrate I could not swear to Laurie.

ROBERT JURY . I live in Brewer Street, Woolwich—early last year I let the premises, 12, Wells Street, Cripplegate, to the prisoner Gardner, in the name of Anderson—he said he wanted them for a friend named Gardner—after the interview I received the letter produced guaranteeing the payment of rent, and on the faith of that let the premises on the 12th August—Gardner remained there till he was arrested—I asked him once if his name was Gardner—he evaded the question—when I pressed him more closely he

said "Oh, Gardner, that is the name we trade by"—a number of people went in and out, but they did not appear to be doing any business; I saw Trayford there—there were two rooms on the ground floor, one 16 feet by 13 feet, the other 18 feet by 12 feet.

Cross-examined by the Prisoner Gardner. Another person was with you when you came about the offices the second time—I did not hear you call him Gardner—the name Gardner was written on the right hand side door—one room was empty.

Re-examined. Gardner said his friend was going to start in the woollen trade.

ANN BRANT . I am a married woman and live at No. 27, Portland Street, Commercial Road—in 1875 the prisoner Gardner, with a woman, not Trayford, came to my house in the name of McGregor, and hired my rooms—they remained there from three weeks before Easter till the third week in November—a number of letters and papers came during that time addressed to "Wright" and "McGregor"—"Wright," Gardner said, was his wife's maiden name—I knew Trayford by sight then—she lived on the opposite side of the street—we gave him notice several times, and at last shut him out.

Cross-examined by the Prisoner Gardner. You came about three days after you took the rooms—I do not know when Trayford left her shop.

ELIZABETH PERROT . I live at No. 6, Bath Street, City Road—about six months ago Gardner and Trayford came to my house as man and wife in the name of Trayford—Trayford entrusted me with a paper parcel, sealed, and tied with string—I afterwards gave it to the policeman and it was opened in my presence—I saw some duplicates, letters, and bills—I was too upset to see what they were.

JOHN THOMAS (Policeman HR 4). I watched the premises 73, Commercial Street, from April to July last—the name "Anderson& Co." was on the—I saw Gardner and Trayford there—I know Francis—this is his like-ness—I have seen him at Commercial Street half a dozen times—I have seen Laurie there, but not Wood, or Jackson, or Batson—I have seen Parker either there or at 207, Bethnal Green Road—I saw goods come in light carts, and Gardner, take them away, sometimes without taking them in—I saw some boxes in the shop similar to those found in Wells Street—I went to Wells Street on the 5th November—I was present when Gardner was taken into custody—I heard part of O'Callaghan's evidence—what I heard was correct—on 28th June last I saw ten cases of brandy go into the premises in Commercial Street—Gardner took one away nest day in a cab—I missed others at intervals.

Cross-examined by the Prisoner Gardner. There is another James Anderson and Co. at the end of the street—I do not know if their goods came to you by mistake—I have heard that Trayford carried on business in Commercial Street, but do not know how long.

Cross-examined by MR. GILL. I saw Laurie there once in the evening, and once in the day time.

ROBERT GILBERT (Policeman K 127). I was on duty in Wells Street in November—it was my beat—Trayford used to go to No. 12 every morning—I have seen Gardner going in and out—I have also seen Laurie there in company with two others, twice—early in October, about a quarter to 10 a.m., some boxes marked "Starch," came there—the carmen took it into the house—I then went off duty—nest day I saw similar boxes taken away in

a ran—I have been on duty there since July—I have not since seen goods brought and taken away again.

Cross-examined by the Prisoner Gardner. I sometimes saw Trayford about dinner time—I was about 10 yards from the van—I believe the boxes went away as they came.

JOHN CHARLES DAVIS . I am the landlord of 69, Leadenhall Street—the prisoner Wood occupied offices there for about six months, from March 30th—he applied personally and gave me as' references: Edward Gogswell, Townley's Chambers, Railway Arch, London Bridge, and Prendergast and Co., manufacturers and drysalters, Alfred Street, Bow—I applied to those addresses and got very satisfactory answers—I saw Wood in possession—he said he was an agent for special manufactures—I believe Laurie joined him afterwards.

Cross-examined by MR. M. WILLIAMS. I do not think I ever saw Laurie there.

Cross-examined by MR. GILL. Laurie's name was painted out in August—two changes took place in the name—it was changed to Snelder, Wood, and Co., then to Wood, Penderleith, and Co.

ARTHUR BUTTERS . I am housekeeper at Gracechurch Street Buildings—in September last Jackson took offices in the name of J. B. Mellor, Green, and Co.—he called himself Mr. Mellor—I saw Batson but never knew his name—he came every morning for letters—they remained there till they were taken into us tody—I then searched, but only found note paper and envelopes which I gave to the inspector or Detective Hope—the prisoners only stayed there about half an hour each morning to receive their letters—it was a small office, about 4 feet by 3 yard's, and contained two chairs and a slab, which served as a table—the rent was 20l—4l. is still owing—I do not remember seeing anyone else there.

Cross-examined by MR. RAVEN. I have been housekeeper there nine months—the prisoners have not given up the premises—I used to give the letters to Batson—I remember Batson apologising about detaining a telegram which he said was not for them, and he had no authority to open letters—I did not converse with Batson.

Re-examined. There was a Mr. Meller in the same building.

HENRY BIDDIS . I am housekeeper at the Hop Exchange, Southwark—in the early part of last year Messrs. Buxton, Abbott and Co. took an office at the Hop Exchange—I was ill about that time—Batson came there—he called himself Buxton—I saw no other business there but receiving letters, Buxton retained the keys—Parker came for letters oftener than Batson—he had the keys when he came—one of them would come every morning—I missed the keys suddenly and had to force the door to get in—I do not know whether any rent was paid.

Cross-examined by MR. RAVEN. I saw Jackson first, about the 4th of June—I knew Batson as Buxton before—I discovered the other name by attending at the Mansion House—I cannot call to mind any time when Batson let himself into the office.

Cross-examined by MR. WYLD. I was the porter—I talked with Parker—we had a glass together—he said "I am Buxton's clerk"—I do not know when the word "Abbott" was taken off; I do not remember a conversation about it—the association will not allow the name "Co." or any other name to remain unless they have proof that it is a company—Mr. Batson paid me for writing up the name.

CHARLES LETHBRIDGE . I am clerk to the Association of Proprietors of the Hop Exchange, and had the letting of offices—the letter Gm was written to me, and is an application for offices from F. Buxton, care of J. B. Oates, 17, Devonshire Square, Bishopsgate Street—the references enclosed were R. Jackson, 16, Water Lane, and Prendergast and Co., 28, Alfred Street, Bow—I applied at Devonshire-square, but could not find Mr. Oates—I then went to 16, Water Lane, and saw Jackson, who gave a satisfactory reference—I did not go to Prendergast and Co.—I didn't see Buxton at all—I handed the reference to Mr. Rowe, our accountant.

JOHN ANTHONY . I am a solicitor, and have offices at 6, Martin's Lane City—in March, 1876, Mr. King had an office at 24, his name was on the door, and he described himself as an attorney—I received a letter, signed "Richards," and saw Mr. King with reference to it—Mr. King said Richards was a highly respectable person, carrying on business in the coal trade; the letter referred to a joint tenancy of office with him and Richards—Richards was to be responsible for the rent—I said I must see Richards—I did so—the prisoner Jackson is Richards—he gave me two references, one to a Mr. Hudson, the other to a Mr. Read; they were very satisfactory and I let the rooms—King continued to occupy the two, but Richards joined in the occupation—the name was painted on the door in addition to King's name—I have seen Jackson there—I believe he came every day—I received a cheque for the rent, which was dishonoured—he begun his tenancy 1st March, and I regained possession in August last.

JAMES BRYDEN (Detective E). I have known Gardner for some time by the name of John Wright—I also know Trayford; her proper name is Reynolds—I saw her husband start for America—I had Francis in my custody in May, 1870—he was tried at this Court and sentenced to seven years' penal servitude, and five years' police supervision—I saw him in the dock; I also know Aarons, who was convicted with Francis in 1870, and sentenced to twelve months' imprisonment for obtaining goods in the same way the long firm does—a batch of five were tried—Aarons, his son, Francis, Solomons, and another named Hansom, who was discharged at the police-court.

Cross-examined by MR. GRAIN. Francis lived in Exeter Street, Stepney, after his conviction and reported himself regularly—his time is not up till May—Aaron's son and Solomon were acquitted at the trial—Aarons has since been convicted at this Court.

Cross-examined by the prisoner Gardner. I know Trayford's husband kept a shop, and that he left her with a family of young children in 1875.

Re-examined. Francis last reported himself in September—he ought to have done so in November or December.

JOHN McINTYRE . I am a warder at the Coldbath Fields Prison—Gardner, in the name of Wright was there from May till August 1869, undergoing a term of seven years' penal servitude.

JAMES BOLTON . I am a warder of the City Prison, Holloway—Gardner was there in the name of MacGregor, from June, 1866 to December, 1867—he was sentenced in 1866 to eighteen months' imprisonment for obtaining goods under false pretences.

Re-examined. After his acquittal Aaron's son had twelve months' imprisonment in Holloway gaol—there having been a previous conviction.

CHARLES HENRY BICKLEY . I live at the Phocnix Works, King Alfred

Place, Broad Street, Birmingham—in May last I received the letter marked B from J. W. Francis and Co., 18, John Street, Minories, asking for a price list and describing himself as a hardware merchant—I sent the list to that address, and on the 17th May received the letter marked C, which has a printed heading similar to the other, and is an order for some steam-gauges—I wrote for a reference and received the letter marked D, referring me to James Anderson and Co., of 73, Commercial Street, London—I applied to them and received a satisfactory answer, supplied twenty-four steam gauges to the value of 23l., relying upon the reference—I have not been paid; I have applied for it personally, and have written many letters—I received replies from Francis once or twice, excusing himself—I identified my goods at the Bow Lane police-office.

Cross-examined by the prisoner Gardner. I had only one reference—I made private enquiries.

Cross-examined by MR. RAIN. We allow discount; 23l. is a very low price—I never knew them sold for less.

Re-examined. If Francis never intended to pay me, no doubt he could sell them at a great reduction.

JOHN RICHARD DEDICOAT . I am a bicycle manufacturer, at 134, Much Park Street, Coventry, about 23rd September I received the document E with a printed heading "J. Francis and Co., 18, John Street, Minories, and 11, Gould Square," to which I replied, and afterwards received the one marked F, with a similar heading, also G: "Please inform us how soon you can send us two 50-inch bicycles"—I replied as to the time and asked for a reference", and got the documents marked H and I. "Yours to hand, we have done business with Francis and Co., for Borne time, always to our satisfaction, they have an open account with our house. We are, yours respectfully, Gardner and Co., 12, Well Street, Cripplegate"—relying upon that reference I sent three bicycles to 18, John Street—their value would be 40l. subject to a discount of 25 per cent.—in November, not having been paid, I made a complaint and received a cheque on the 9th November for 10l. on account—on the 8th November I went to Cohen's, at 4, Minories, with O'Callaghan, and saw two of my bicycles, and have since seen all three bicycles at Bow Lane police station.

Cross-examined by the prisoner Gardner. Yours was the only reference—I made no other enquiry.

Cross-examined by MR. GRAIN. Bicycles have a. very fair sale—I cannot tell what a man might lose on them if he wanted to realise money quickly—I laid my complaint on the morning of the 9th, at the Mansion House—I saw Cohen on the 8th November—my name was on the bicyles.

Re-examined. I got my cheque after giving information to the police—my name was on a card, tacked to the bicycles.

JOHN FINNES . I am a sewing machine manufacturer, at Wellington—on the 24th August I received a memorandum from Francis and Co., asking for samples of work done by my machines—I afterwards called upon them and subsequently received an order for one, which would be worth 7l. 10s. retail—I then received another order for three machines—the terms were to be "cash on delivery"—I applied for a reference, but did not get any, but I received a bill in payment from a man named Marshall, at Newcastle, which was dishonoured—the amount was 16l. 17s.—I afterwards got a cheque for 5l. 12s. 6d.; I got no other payment—the machines sent were

worth 22l. 10s.—I believed I was dealing with a bond-fide trader—I have since Been my four machines at Cohen's.

Cross-examined by MR. GRAIN. We allow 25 per cent, discount—an auction sale is no criterion for the value of machines—a man who wanted to realise his stock would get at least 5l. each for them—I would give it myself—my name was on them, they were numbered and lettered and just as they had left me.

HARRY ERNEST WALKER . I am clerk to Messrs. Pinson and Evans, of Wolverhampton, manufacturers of galvanised iron goods—on the 15th August I received a memorandum from Francis and Co., asking the prices of oval and round frying-pans—I sent the prices and received an order—I wrote for references and was referred to Gardner and Co., 12, Well Street, and Buxton and Co., of the Hop Exchange, and received this answer: "We had business with Messrs. Francis and Co. for a considerable time, always to our satisfaction and would credit them to the amount named"—I do not recollect the amount named—I sent the sample to 18, John Street, and received the letter marked P, which is an order for sixteen doxen frying pans, the value of which would be 6l. 18s. odd—they paid 6l. 3s. 1d. for the first lot sent—the reference from Buxton and Co. was "Private and confidential. Your favour of the 19th instant this morning to hand. In reply we have to say Messrs. Francis and Co., of 18, John Street, Minories, have for some time done business with us most satisfactorily, and having always been prompt in keeping faith we do not hesitate in saying you would be safe in doing business with them, certainly to the amount you name"—that has a printed heading of "Buxton, Abbott, and Co., merchants and drysalters, Hop Exchange"—I sent goods altogether to the value of 45l. 15s.—we have only been paid the small sum named—I have seen some of the goods at Cohen's, where I identified them; they had our labels on.

Cross-examined by MR. GRAIN. We were to allow 2 1/2 per cent, discount—I do not know what a forced sale would realise.

HENRY THOMSON . I am a manufacturer of edge tools at Bloomhall Street, Sheffield—in August last Francis called on me and asked to see some tools, giving his name and address—he said he was a merchant and exporter and wanted some bright Scotch augurs for the North American market and he had only seven days to execute the order—I executed the order and sent the goods to the value of about 1l. 15s. to London—before I sent the order I received the document marked Y—I believed him to be a genuine trader from his knowledge of the goods and the markets—I afterwards received the document marked Z, headed in the same way "Please send us duplicate invoice"—I have not received any payment—I saw one of the augurs at Cohen's, 4, Minories.

HEZEKIAH HEELEY . I carry on business at Wolverhampton—on 30th May I received an order from J. W. Francis and Co., hardware and general merchants, 18, John Street—I sent prices, and in reply to their letter marked Ab I sent samples—the terms were for cash payment—I received Ac, acknowledging receipt, and Ad, an order to the amount of 8l. 18s. 6d—I sent the goods and received Ae, enclosing a cheque for 9l. 17s. 10d. and a further order for eight dozen cash-boxes, valued at 20l. 19s. 6d.—I believed I was dealing with a bond-fide tradesman—I received a further 10l.—the amount now due is 22l. 11s. 9d.—there was a further order to the amount of 26l. which we did not supply—I have seen some of the cash-boxes at Cohen's to the value of about 12l.

Cross-examined by MR. GRAIN. There were about six dozen cash-boxes at Cohen's—I judge by the size of the case, they appeared to be packed for shipment.

JABEZ CLIFF . I am a bridle cutter, living at Walsall—I received a letter, dated 22nd May, from J. W. Francis and Co., marked Be—it was a printed heading and is an inquiry about single and double bridles suitable for Germany—I applied for a reference and received Bf, referring me to Anderson and Co., 74, Commercial Street, London—I wrote to that address and got Bg, with a printed heading of Anderson and Co., and the address "Have done business with Francis and Co. for a considerable time, always satisfactory, and would execute their orders to, say 200l. or 300l."—I was satisfied with the answer, and sent goods to Francis and Co. to the amount of 25l. 5s. 6d.—I then received a bill for 19l. odd and a further order which I executed while the bill was running, as it was at three months—the order came to 31l. 9s. 6d.—I lost altogether 51l. 15s.—the goods were packed in a wicker hamper—I saw some of my bridles at Cohen's in my own hamper.

Cross-examined by MR. GRAIN. I do not know Aldridge's—I have never been to a sale at Tattersall's—I cannot say what harness would fetch at one—we allow 2 1/2 per cent discount for cash—if Cohen paid 29l. for the 31l. worth of bridles it would have been a fair price.

EMIL THOMSON . I carry on business at Martin Street, Strangeways, Manchester, as a manufacturer of goods—I received the document marked Bt, about 11th September last, headed Francis and Co., and sent them samples—I afterwards received Bu, and on 16th October, Bv, which was an order for goods to the amount of 14l. 1s. 6d.—on the 28th October I got Bw—I was then in Denmark—in November I was in London; I called on Mr. Francis—I thought his business was a genuine concern—he gave me a further order—some orders were cancelled by a post-card, which re-quested me to draw upon them at three months—I supplied india rubber goods, gum, and copying-brushes—I have since seen my goods at Bow Street police-station with Detective Holt—I sent a draft for acceptance marked By in the letter Bz.

Cross-examined by MR. GRAIN. I saw four parcels in the police-station; the value was 33s.—the total amount was 13l. 7s. 9d.; there would be a discount of from 25 to 30 per cent.—I would not sell the goods for 10l., that would be an unfair price.

JOHN SHINE . I carry on business at Rue de Fisson Paris—on the 2nd October, last year, I received the letter Tn from a person named Francis, asking me to forward a screw-making machine—I wrote for references, and received Ti, which referred to Gardner and Co.—I sent it to Mr. Edwin Todd, my agent in London—I afterwards sent the machine to 18, John Street—the value was 28l. 10s., the wholosale price 25l.—I have never been paid—O'Callaghan showed me the machine at Bethnal Green station.

EDWIN TODD . I am a friend of Mr. Shine, of Paris, who wrote to me with reference to an application from Fraucis and Co., enclosing a reference—I went to 12, Well Street, Cripplegate, and saw a man who represented himself to be Gardner—I could not swear the prisoner Gardner is the man—he told me I might credit Francis and Co. to the amount of 30l., not more—I communicated this to Mr. Shine.

Friday, March 9th.

ALFRED THOMAS DENBY . I carry on business at Honiton, as a manu-facturer of Honiton lace—on the 1st June I received the document Ag

from James Anderson and Co., of 73, Commercial Street, London, and on 4th August, Ah, from the same; that merely spoke of a change of residence—I afterwards received a reference and directed my son to call on Francis; he did so, and made a report to me, after which I sent to 73 Commercial Street, Honiton lace amounting to 97l. 5s. 6d.; this is the invoice—I received a note from Anderson requesting me to draw on him at three months, which I did, and his acceptance was returned unpaid—when I supplied the goods I believed that the firm at 73, Commercial Street was carrying on a genuine business, and that the goods were wanted for that purpose, and that the reference was genuine.

ALFRED DENBY . I live in London—in June I received a letter from my father, in consequence of which I called at 18, John Street—I asked for Mr. Francis, and a man came forward who showed me books to prove that he was doing a genuine business—I supposed he was Mr. Francis—he asked what I wanted—I said we had been supplied with their names as a reference—he said he had done business with Anderson's to the amount of about 400l., for about six months, their transactions were satisfactory—later on I called on Anderson to ask why the bill was not yet paid—I believe Gardner to be the man I saw—he said he would write to Mr. Denby by that evening's post and arrange the matter with him—this photograph has been shown to me as a likeness of Frances and it looks like him—I only saw him on that one occasion.

WILLIAM GOODMAN . I am manager for Messrs. Harvey, Nevill, and Co., starch manufacturers, High Street, Stratford—in September last, I received an order from Gardner and Co., of 12, Well Street, Cripplegate, for half a ton of starch—I went there and saw Gardner—he referred me to Francis and Co., of John Street, Minories—I went there and saw Francis—he said they had done business with Gardner and Co., to the extent of about 40l. per month, and that he found them very good people—relying on that statement I supplied the goods to the value of 16l., packed in separate 1/2 cwt. square cases, stencilled with the name and address, and the contents—they were delivered in our own van which has our name and address plainly on it, so that a policeman could read it 100 yards off—we have never received payment.

Cross-examined by Gardner. Our carman is not here.

ELISHA JEFFRIES . I am a saddler and harness-maker, at Walsall—in June last, a man calling himself Aarons called on me, this is his photograph—he examined some goods and left saying he would write—I afterwards received this document Db, dated from 21 1/2, Hannibal Road, Mile End Road, London, about some gig harness; I sent him a sample, and afterwards received this letter Do stating that he required full sized harness—I sent him a sample order—he had told me he required them for exportation to Germany—I afterwards received Dd enclosing a half-note for 10l., and afterwards received the other half—I subsequently supplied him with other goods to the amount of 36l. odd, relying on the statement he had first made; I supplied eight sets of harness, including the two we were paid for—on 13th December, I went with Detective Holt, to 4, Minories, a boot and shoe shop, and there found four sets of the harness worth about 20l.

Cross-examined by MR. GRAIN. I only saw four sets at Cohen's—if he gave Aarons 32l. 10s. for five sets that was a fair price.

JOSEPH WITHERS . I am a bridle cutter, residing at Walsall—in June last, a man named Aarons came to me and bought some bridles to the amount

of 5l. and paid for them; he afterwards gave a further order for about 20l. worth, which I sent to him and received 10l., then came another order amounting to 40l., and I received a bill for 28l. drawn upon William Bretlaw and Co., Lombard Street, which was dishonoured—about 85l. was left unpaid—up to that time I supposed him to be a bond-fide trader, the goods he told me were for the German market—I recognise the photo as Aaron's—on June 30th, I had an application from Francis, he gave me references to Messrs. Buxton and Co., and Messrs. Wood, Laurie and Co., and other names, but I did not refer to them or supply him with goods.

SAMUEL WILLIAMSON . I am a member of the firm of Whitehead and Williamson, carrying on a wholesale business as hatters at Stockport—on 14th August, I received a letter from Parker and Son, 36, Cupland Street, asking for prices and samples—I also had two letters from him, in one of which he gave me a reference to Messrs. Francis and Co.—I applied to them and received this in reply: "Messrs. Parker and Son, of 36, Cap-and Street, have a monthly account with us of from 60l. to 80l. They are always prompt in their payments, and to our satisfaction, they have been in business many years. We consider them trustworthy to a reasonable amount"—I supplied Parker with goods to the amount of 24l. 5s. 5d., but have never been paid for them—I received a third order and then asked for payment, and not getting any I declined to supply it—I have since seen a few hats looking similar to ours, but cannot swear to them.

WILLIAMS CHAPPELS . I am a hat manufacturer, at Ashton-under-Lyne—in May last, I received a communication from a man calling himself A. Beeves, wholesale and retailer hatter, 135, Goldsmith's Row, Hackney Road; it says: "Oblige me with your prices for hard felts, peels, and samples"—I sent samples, and on 24th June, received this: "Dear sir,—Your samples to hand," then giving a large further order and stating, "Forward me a large looting hat, a full crown 12th, and a brim, if quality suits me, I can give you an order which may lead to further transactions. A. Reeves"—I supplied goods to the amount of 31l. 10s. 11d. of which I received 5l. on the 13th December, from Mrs. Reeves—I said "I will give you a receipt for this, and you can send the remainder on"—the following day I went to the Mansion House, to give evidence against a man named Parker—after I had supplied those hats I received an application marked Cp from James Parker and Son, wholesale and retail hatters. "Please note removal, 3, Capland Street, Lisson Grove. To Messrs. Chappels and Co. Gentlemen,—Please forward us prices of hard felts, peels, and samples. Parker and Son"—I forwarded samples to the extent of 1l. 10s. 5 1/2 d. for which I received a post-office order—I afterwards supplied him with goods to the amount of 73l. 1s. 10d?., they then sent a bill for 48l. 15s. 3d. which I presented, but was told it was no good, so I returned it.

WILLIAM WILKINSON . I reside at Freebodies, Dudley, Worcestershire, and am an anvil and vice manufacturer—in August last I received a document marked Gc, with a printed heading: "Francis and Co., importers and factors, 18, John Street, Minories. Please send us your price and time required to execute an order for smith's anvil, London shape"—I sent an anvil to that direction value 3l. 1s. 6d., and in answer received the following marked Gd "We only this morning received the anvil. We will take six about the same weight and three smaller"—before supplying any more goods I got a reference from Francis and Co. to Mr. Olding, of Sheffield—after this I supplied six more anvils in November to the value of 27l. 3s. 6d.

—I have not been paid anything—in December last I went to Cohen' premises, 4, Minories, and there saw one of my anvils—I have seen the others at the railway station—I supplied these goods believing the statements at the head of the bill were correct, and that Francis and Co. were carrying on a genuine business, and wanted them for the purpose of their business.

OLIVER LODGE . I live at Longport, Staffordshire, and am a merchant—on 1st October I received a letter dated 30th September, and marked Dn 1, from Francis and Co., and sent a sample—I afterwards received another letter, marked Dgh 1, and dated 27th October, containing an order—I had a letter with two references, Ord and Co., white lead, paint, and colour works, 9, Queen Elizabeth Street, Tooley Street, and Jackson and Co., 16, Water Lane—I applied to Jackson by letter, through Mr. Thomas Salmon, and in answer to my application to Messrs. Ord and Co: I received the following: "We have done business with Messrs. J. Francis and Co. for some two years, and have always found them prompt in meeting their engagements with us, and we would not hesitate to credit them to the extent of from 200l. to 300l."—in consequence of these replies I supplied goods to the amount of 44l., but received not a farthing in payment—it was agreed to be paid in a month, and at the end of that time I made inquiries and found Francis and Co. had disappeared—then I wrote to the reference and got this reply from Jackson "I neither know you nor Francis'—the answer from Ord and Co., marked Gn, was "I do not know the present whereabouts of Francis and Co."—it was through the reference and believing the goods were wanted for his trade that I supplied them—I sent 1 ton 1 qr. 9 lbs. refined borax, in three casks of 7 cwt. each, to Canon Wharf, Lower East Smithfield—I sent a delivery order and they came to Carron Wharf to my order—I have not seen any of it since.

THOMAS EDMUND SALMON . I formerly resided with my parents, at Northumberland Place, Bedford, but now live at 56, Mall Road, Hammer-smith, and am employed in the Custom House—in October last I went to 16, Water Lane, to the premises where the name of Jackson and Co. is marked up, and there saw Jackson—I said I had called on behalf of Mr. Lodge to ask him what he knew about Francis and Co.—I shewed him a letter and said that Francis and Co. had applied for borax, and had given him as a reference—I shewed him the letter in which Ord and Co. was mentioned as referee, as well as Jackson and Co., he said that they had had no actual business transactions with Messrs. Francis and Co., but knew the firm, and from what they knew of them, if they gave an order to the extent of 50l. they certainly should let them have the goods—I reported to the person who asked me to make the inquiries.

CHRISTOPHER NEWCOMBE . I am the managing superintendent of Canon's Wharf, Lower East Smithfield—I remember receiving there three casks of borax to this order Jr of Mr. Oliver Lodge, of Longport, to deliver the borax to Francis and Co. or their order—I delivered the three casks to the order of Francis and Co., 18, John Street—they went away from our wharf by Fenn's van—the order had a receipt endorsed on it "Received three casks of borax (signed) E. Bricett, 8th November"—Bricett is one of men belonging to Mr. Fenn.

EDGAR FENN . I am a licensed carman—I received instructions from I Francis to fetch borax from Carron's Wharf, and in consequence gave an order to Bryan, who is in my employment—I do not remember exactly

what my instructions from Francis were—I gave Mr. Wontner all the particulars about Bryan—each carman will give his own account.

DONALD MCDONALD . I am a manufacturer of brass cocks, at Birmingham—about the end of September I received an application from Francis and Co. for some brass cocks—I sent a card of samples and prices—on 7th October I received a letter headed: "J. Francis and Co., importers and factors, 18, John Street, Minories, and 11, Gould Square. We have received your samples and prices of brass cocks, which we have looked at, and below we send an order, which please forward as early as possible"—I wrote to Messrs. Ord and Co., 9, Queen Elizabeth Street, Tooley Street, to whom they had referred me, asking if they thought Messrs. Francis and Co. were trustworthy people, and whether they could spend 100l., and the reply was that they had known Francis and Co. for a considerable time, and thought they were quite good for that amount—after receiving those satisfactory answers I supplied goods to the amount of 11l. 7s. 10d?., and received a letter from Francis as follows: "Gentlemen, we have received the case of goods, and shall be glad to know when our order can be completed"—the whole order amounted to about 24l.—I have since seen one of the brass cocks—I don't know where it was found, one of the inspectors showed it to me—they are stamped D M D—I have lost the reference and only speak from memory.

GEORGE EDWARD WRIGHT . I am living in London—I went to 18, John Street, relating to Mr. McDonald, to Messrs. Francis and Co.—I asked him a little about his antecedents—I told him we had received an order for cocks and very likely should be able to get the order up, but I was not quite certain—he asked us to give him time, which was more of an excuse than anything else—he said "I have been in business for some time for David Irons," and that he could do a large trade—I did not say much more, with the exception of asking him to send the samples back—I could see it would not do—this was between the 20th and 30th September—I believe Mr. McDonald referred to Ord and Co.

ELIAS JONES . I carry on business with my father at Milton House, Gloucester, as a manufacturer of waterproof composition goods—in September last I received Hs from Messrs. Francis and Co.: "Dear Sir,—Be good enough to send us samples of your composition"—I subsequently received Hb, which is an order for goods, and Hn, a post card, having first sent a list of prices—I sent three gross of goods to the value of 11l. 2s., and on receipt of Hv another three gross, which would bring the value to over 21l.—I then received Hx: "Dear Sir,—We received your statement of account. It is only just due, and as we have gone to a great expense in advertising, and seen no return in money, we ask you to indulge us for another week"—that is all I received for my goods—O'Callaghan has since shown me some of my goods at the Bethnal Green police-station.

Cross-examined by MR. RAVEN. I never supplied Francis with goods before—I was not aware of the advertisement in the "Grocer" till some weeks after we had sold the goods—I wrote to correct the statement as to the price, not to object to the advertisement.

THOMAS WILLIAM STOKES . I am a maker of brass screws at Birmingham—on September 13th I received this application from Messrs. Francis and Co.: "Please inform me your prices of screws (brass) as per enclosed," and one or two screws were enclosed in the envelope—I wrote for and obtained a reference, which I have not got now—I supplied a portion of the order

amounting to 17l.; the whole would have come to 40l.—we received a second letter from Mr. Cliff, the reference, saying he was sorry the firm had turned out a swindle—we have never been paid—we sent them in two lots in boxes—Waller showed me some of them at Bethnal Green.

ARTHUR JAMES POOLE . Last year I traded with another person in Birmingharam as a tinplate worker—in August last I received Ij from Francis and Co., of 18, John Street: "Please send us sample gross of toy tin buckets for children, that we may be able to sell for you a few gross"—I applied for a reference and afterwards received Ik: "We never remit before receipt of goods"—I also received a reference from Gardner and Co., of 12, Wells Street: "We have done business with Francis and Co. always to our satisfaction. Please to take their order for 200l."—I then supplied one gross of tin toy buckets to the value of 2l. 5s., for which we received a cheque in a letter marked Im, which contained another order—we sent the further order amounting to 13l. 16s., and have not been paid—we relied on the statements of Gardner and Co., and believed both firms were genuine traders—I have seen some of the goods at the police-station.

GEORGE H. COTTAM . I am manager of the Tooking Hill Foundry, at Camborne, Cornwall, and we are tool makers—I received an order from Francis and Co., of 18, John Street, for samples of shovels, which we sent on September 30th—on September 28th they wrote: "We have not received samples. Please let us know by return"—On 4th October they gave an order, if we could execute it in fourteen days, for twenty-four dozen, which were supplied in bundles of 6 each; their value was 35l. 8s.—we were never paid—I have seen some of the goods at Bethnal Green police-station—we believed we were dealing with bond-fide traders, and expected to be paid.

PATRICK BRYAN . I am in Mr. Fenn's service, a licensed carman, of Swan Street, Minories—I received instructions from him to fetch three casks of borax from Carron Wharf, to take to Mr. Burden's, of 10, Wellington Street, Holloway—I took it round to the stables, where it was taken in.

MR. BICKER CAARTEN. I was a partner in the firm of Messrs. Storey and Co., of 46, Eastcheap—I went to Messrs. Wood and Co., in Leadenhall Street, and saw two men (Laurie was one), having been referred there by Messrs. Anderson and Co., who had given us an order for brandy—the two men Conversed together and then one said "They always paid us"—I was not satisfied with the answer, but when I got back the cognac had been sent we received a second order which I thought was a swindle on the face of it, as private people did not order ten cases of brandy at a time—the price of the first order was 10l. 16s. and the other 18l. 16s.—I called a second time and saw Wood—Anderson afterwards called, he is the prisoner Gardner, but he had no spectacles then—he pulled out 30l. or 40l. and said he could but would not pay them—I saw one of my bottles at Woods, it was empty—we supplied the goods on the faith of Anderson's representations, and have not been paid.

Cross-examined by MR. CARR. I do not know the number in Leadenhall Street—a detective was with me on my second visit to Wood's.

Cross-examined by MR. GILL. It was in April or May when I saw Laurie—I recognised him at the Mansion House; Wood spoke mostly—I said so at the Mansion House—it would be about September when I saw the bottle.

THOMAS JAMES ALLEN . I am clerk to Messrs. Dixon and Co., carpet manufacturers, of Aldermanbury—in May last Gardner called in the name of

Anderson, and asked to inspect some patterns—he choose some, and directed them to be sent to some number in Commercial Street—he gave us as a reference, Wood, Laurie and Co., of Leadenhall Street, giving a number which I forget—I went there; the place was locked—I went again and saw Wood, who said Anderson and Co. were respectable people, and were trustworthy to the extent of 80l. or 100l., and his firm had done business with them for many years—I said "As their name is not in the directory would you kindly give me their previous address"—he made no direct answer—I asked where their firm had done business—he said they met in the street—I remarked that was a singular way of transacting business—he said he could not help it; it was so—we sent for the carpets and asked for the return of the patterns—on their return three were missing and have not since been returned; their value would be 2l. 15s.—I saw them at the Mansion House.

Cross-examined by MR. CARR. No order was executed—I said at the Mansion House, that Wood said they had done business with Anderson and Co. "for some years," not "for some time"—we applied for the patterns about ten days after they were sent—I see no resemblance between Laurie and Wood, even when their hats are on—I will swear I saw Wood.

JOHN GRIFFITH . I am manager to Messrs. Wightley and Greenwood, executors to the late Mr. Carver, machinist, of Manchester—I received a letter, dated 8th May, from James Anderson and Co., of 73, Commercial Street: "Sir,—We require four sewing machines for cloth manufacture, and should feel obliged by your sending us price list"—we sent a price list, and on the 15th May received this: "Sir,—Can you favour us with the address of your agent here. We should like to see a machine and test its capabilities before ordering four, if suitable. Have no objections to terms, say at a month. Reference, Wood, Laurie and Co., 69, Leadenhall Street, London"—I wrote to the reference and received this letter, dated 16th May, from Laurie and Co., with their printed heading: "We do business with the firm you refer to, and have found them punctual in their payments and have no hesitation in giving them credit"—I also received letters enclosing samples from Anderson and Co.—on the 24th May we rent them a machine, value 7l. 10s., allowing a discount of 1l. 17s. 6d., so that the balance would be 5l. 15s. 6d.—on the 1st June we received a further letter, stating that the machines were required for instant Use and they must go elsewhere if they were not sent, and on the 5th June the machine was acknowledged, and three more ordered—we sent three more—their value was 22l. 15s. 6d.—their receipt was acknowledged by Anderson and Co., on the 17th June in these terms: "Sir,—Machines to hand this day. Please draw on us for amount"—we drew on Anderson and Co.; the bill was dishonoured—I have identified the machines at Mr. Nathan's and Mr. Russell's, pawnbrokers.

Cross-examined by MR. CARR. I do not know Wood's handwriting.

JAMES BARNARD . I carry on business at Frampton Factory, Huntingdon—in October last I received an order from Francis and Co, through my agents, to the amount of 54l.—I requested a payment on account, and received a reply offering to pay 25l., and referring to Parker and Son, of Lisson Grove, and Gardner and Co., of 12, Well Street—Gardner's reply was:" We have done business with Messrs. Francis and Co., of John Street, Minories, for some time, always to our satisfaction, and would credit them to the amount named," which was about 40l.—Parker and Son's

reply was: "Messrs. Francis and Co., are customers of ours. We consider them safe. Their account varies, but is about 80l. a month. We are making up our Christmas stock of son-westers, and shall be glad to receive your prices and samples. If not approved we will remit you for them"—we made further inquiries, and did not supply the goods.

JOHN ARTHUR CROWTHER . I am a member of the firm of Crowther and Son, soap-boilers, Liversedge, Yorkshire—we advertised for a London agent for our business last year, and received a reply from Messrs. Laurie and Wood—on 9th February, 1876, we received the letter marked Ce from Mr. Wood, of 24, New Broad Street: "To Messrs. Crowther and Sons. I am calling on all the first-class oilmen's shops and stores; if your prices are low I could do a first-class and safe trade for you"—that is signed "John Laurie"—we replied to that—subsequently we received this: "London, 29th February. Dear sir,—Replying to your letter of 24th January, I beg to say, at Mr. Laurie's request that I should reply on his behalf, as he has been laid up by a serious illness for seven weeks, that as we are jointly interested in calling on grocers, &, I should like to know whether you are still open to appoint an agent and allow the usual commission. Yours obediently, William A. Wood"—we subsequently appointed Wood and Co. as our agents, and corresponded with them—they changed their name from Laurie and Wood, to Wood, Laurie and Co., then to Wood and Co., and then to Snelgar, Wood, and Co.; they also changed their place of business from 24, New Broad Street, to 69, Leadenhall Street—we supplied them with goods altogether to between 600l. and 700l., and between 500l. and 600l. has gone to the dogs—on coming to London I called at Broad Street, also at Leadenhall Street, and discussed business with Wood and Laurie—on the 26th May I received Ch from Anderson and Co., of 73, Commercial Street: "Gentlemen,—Yours of the 24th to hand. We are surprised at your asking payment prior to delivery. We do not make your goods a specialty"—that was in reply to our letter to Anderson and Co. in conesquence of what we had heard from Wood and Co.—we also received Fg from Ralph Victor and Co., of Aldersgate Street: "We beg to confirm our letter and order of the 6th inst., and shall feel obliged if you will at once supply the goods."—We also received Ci and Cj from the same persons we did not supply Ralph Victor and Co. with goods—in September I received Ck and Cl from Gardner and Co., of 12, Well Street, Cripplegate-one is an application for a price-list—we sent a price-list, and afterwards received an order for 10 cwt. each, of domestic and brown soap, with a reference which I have not got—we did not execute that—we also received an order from Francis and Co., of John Street, Minories, which is not here—we did not execute that—the letter Fr came from Wood, Laurie, and Co., after we had received an order from Jackson and Co., and is headed 69, Leadenhall Street: "We have seen Mr. Jackson, who has agreed to take his order this time in firkins, you will therefore send them 25 firkins as soon as possible. We have many orders, but the present stock is going off slowly. On account of the dulness of trade we cannot now give you further orders; but, as business is looking up, we hope to do so"—we supplied that order to Jackson and Co., of 16, Water Lane—the amount is 30l. 2s. 6d—we were never paid—I saw Jackson about it two or three times—we put the matter in the hands of our solicitors—I saw Jackson talking to Wood when I was speaking to Laurie in Leadenhall Street—we did not supply any soap to Prendergast and Co.—we had an order from them through Wood and

Laurie—we received Fu from John Laurie; it is dated 14th October: "I enclose order for 130 firkins. Please see that it is attended to at once. I know this firm to be safe, and will pay you at maturity, but you must send it on at once"—the firm is Mellor, Green, and Co., of Gracechurch Street Buildings—the reference was to Messrs. Law Brothers, of 110, Cannon Street—we communicated with them, and got Fv, in these terms: "In reply to your inquiry as to Messrs. Mellor, Green and Co., you may safely credit them to the amount of 200l., as we believe them to be respectable people"—I went with Laurie to 16, Water Lane, but I forget when, to see Jackson—I saw him, but do not recollect the conversation—that was after we supplied him with goods—about June or July I went to Wood's office in Leadenhall Street, and met Wood and Laurie at the door—I caught a glimpse of seven or eight others, Gardner amongst the rest—I am not sure whether Jackson was there—instead of letting me pass in as I had done before, they kept me on the stairs for a few minutes, and then they went—I saw the almanack produced with the name of Prendergast and Co. at Jackson's premises, 16, Water Lane.

Cross-examined by MR. CARR. I first heard of Messrs. Wood and Laurie about February 7th, 1876—they were our joint agents—I do not know what their own arrangements were—there is no bill running now—at the time the prosecution commenced there was—when I saw Gardner at Wood's office the door was not locked—I said at the Mansion House "In all cases we apply to a trade protection society"—we omitted to do so in this case—I did not say we executed Anderson's order in opposition to the advice of the society—I do not recollect—being dissuaded by Wood from executing Anderson's order—I saw nothing in Wood's conduct that caused me to suspect him.

Cross-examined by MR. GILL. There is a great deal of competition amongst the agents—Laurie sometimes took me to the customers—I recollect Mr. Bloomer's order—Laurie advised me to get security, and I tried to do so, and ultimately the order was executed on my getting security—that proved a bad debt—I do not think any order from Francis or Anderson ever came through Laurie—I said so at the police-court—this letter appears to contradict that—when I went to Wood's office I did not notice that they were smoking in the room.

Cross-examined by MR. POCOCK. I did not go to Mellor, Green and Co's. office.

Re-examined. Wood and Laurie were our joint agents up to the commencement of the prosecution; that would be about ten months.

WILLIAM CHAPPELS (cross-examined by MR. WYLD). I did not supply goods to Parker without a reference—Parker sent us a bill of exchange; it had more than five weeks to run when the prosecution commenced—Parker owed us 73l. 1s. 11d. at the time of his arrest.

Re-examined. We enquired of our bankers as to a foreign bill of Parker's, and it not being satisfactory we sent it back.

JOHN O'CALLAGHAN (cross-examined by MR. WYLD). I found two post-letters addressed to Parker and Son—one referred to a bill—both were claims for money.

JAMES YOUNG . I am a soap manufacturer at Glasgow—on 9th May I received this letter from Laurie and Co. 69, Leadenhall Street, applying to act as our agent—it says: "We think we could do for you a good trade with the best buyers and shippers"—we appointed them our agents and they

introduced customers, among them Prendergast and Co. and Jackson and Co.—on the 22nd May we received this from Laurie and Co.: "At present we are agents for Crowther and Son, but their make is not quite suitable"—Wood, Laurie and Co. wrote to us on the 1st of June in reference to Jackson and Co.: "We know the firm well, they will pay you promptly"—then followed the order for 100 firkins of soap, the value being 52l. 10s.—we have not been paid—we relied on Wood and Laurie's representations—on the 18th July I wrote to Wood and Co.: "I am very much surprised no attention has been paid to my letters. If this account is not paid at once I shall be obliged to take immediate steps to recover the amount" we received in reply this letter of 25th July from Wood and Co.: "We have your favour, and have seen Messrs. Jackson, and will get them to settle the account. We are to see them to-morrow or Thursday about it"—the account has never been settled.

Cross-examined by MR. GILL. The reference from Prendergast and Co. was to Thompson and Co.—I know nothing of them—an agent is paid commission only on accounts paid—Wood and Laurie were recommended to us by Laurie's brother—he is a respectable man living at Gloucester.

THOMAS TALKINGTON . I am a member of the firm of Sutton and Talkington, hatters, at Stockport—in August last I received a letter from James Parker and Son, wholesale and retail hatters: "Please note removal to 3, Capland Street, established 1859. Gentlemen,—In reply to your favour, we beg to refer you to Messrs. Francis and Co."—we had previously applied for a reference—we wrote to Francis and Co., and received a satisfactory reply; it has been mislaid on the faith of that we forwarded nine dozen felt hats on the 21st September, as part compliance with an order for fifteen dozen—in the mean time, being in London, I went to Parker and Sons, but not being satisfied with the appearance of the place, I advised my partner not to send any more—the value of the goods sent was 18l. 5s. 11d—I supplied them, believing Parker and Son were carrying on a genuine business—a bill was tendered for 49l. 5s. 3d. which we returned—we have never been paid—I have since seen similar hats at Bethnal Green police-station.

Cross-examined by MR. WYLD. My letter containing the bill may have arrived the day after Parker's arrest; I cannot tell—I have done business with a lady named Reeve, of Hackney, and have been paid.

Re-examined. The bill was for so large an amonunt in proportion to our debt, that I enquired at the bank and was advised to return it.

JOSEPH THORN . I am an assistant to Mr. William Nathan, pawnbroker, 534, Commercial Road—I produce two pawn-tickets which relate to sewing machines pledged in the name of James Anderson and Co., of 73, Commercial Street, one on the 12th and the other on the 19th of June, by Gardner—I advanced 30s. on each machine—they have the maker's name, Carver and Co., on them.

ALFRED COTTON . I am manager for Mr. John A.' Russell, 37, Fore Street, City, pawnbroker—two sewing machines were pledged at our shop on the 22nd and 26th of July by Gardner, in the name of Anderson, of 73, Commercial Street—I advanced 1l. on each machine, the name Carver was on them—Gardner has also pledged carpets with us at different times.

WILLIAM WRIGHT (City Detective). I know the firm of Williams, Retlaw, and Co., they have an office at 94, Houndsditch—in August or September, I called several times, but could not find anyone; I went in search of goods

which had been obtained fraudulently—about the end of September, the name of Retlaw and Co. disappeared.

WILLIAM JOHNSON . I am an assistant to Messrs. R. Attenborough, of 121, Minories, pawnbrokers—on the 18th May last, eight patterns of carpets were brought to me to pledge in the name of McGregor—1l. Was advanced on them—I produce the ticket.

EDGAR WILLIAM FENN (re-examined). I remember a Mr. Francis calling at our office at different times—he gave his address as 18, John Street, Minories—I went there on several occasions and saw a man who then called himself Lindsay—I have seen the name Blythe and Co., at an office in Mansell Street, I have seen Francis at that office—I have removed goods from John Street to Mansell Street,. frequently, and also to 4, Minories, from the instructions of Blythe or Lindsay—the goods were of a miscellaneous description—Francis told me Blythe was to be his future partner, and I could take orders from Blythe and charge it to Francis' account—I have also fetched goods from the railway station for Francis and Blythe—on one occasion we had three bicycles to take to the railway station from Mansell Street, and on another we had some baths to take from Mansell Street to Cohen's—on another occasion we took six sewing machines from John Street or Mansell Street to Cohen's—Francis always paid—the last occasion was November 16th, when we took some miscellaneous goods from Mansell Street to Mr. Burdens, of 9 and 10, Wellington Road, C. Relton is the name of the carman—on the 17th November, I went to Mansell Street, and found the place shut up and the people gone; I have not seen them since.

Cross-examined by MR. GRAIN. I took some iron pans, some were packed, and some not—I do not know how long they were at the railway station.

JOHN DRISCOLL . I live at 3, Harebrain Court, and am one of Mr. Fenn's carmen—I have delivered goods to Messrs. Francis and Co, 18, John Street, and to Blythe and Co., Mansell Street—I have also taken goods from Mr. Blythe to Mr. Cohen's, in the Minories, and to Mr. Burden's, in Holloway—on one occasion I remember taking some shovels, and an anvil to Cohen's when I saw Mr. Cohen, and a workman, I cannot fix the date—I took them in his warehouse as he told me—at the same time I took a note from Mr. Blythe, and gave it to Mr. Cohen, who read it and gave me a note to take back, which I gave to Mr. Blythe—it was a receipt for the delivery—I also took a load of goods from Mr. Francis' premises, in John Street, to the Custom House Quay, by Mr. Blythe's instructions—then I took a case of camphor, and another case to Burden's—I had a delivery order which Burden's foreman signed, and which I took back to Francis—once we took a load of varnish; I saw Burden on two occasions when goods were delivered,. there—I always gave the signed delivery orders to Blythe or Francis—the deliveries took place sometimes in the morning, sometimes in the afternoon, the latest was 4 o'clock in the afternoon.

Cross-examined by MR. GRAIN. I do not recollect the writing—I looked upon Blythe as representing Francis and Co.—it was a wareroom at Mansell Street—I have been five or six times to Burden's altogether.

CORNELIUS RELTON . I am one of Mr. Fenn's carmen—I have fetched goods from Francis, 18, John Street, and taken them to 4, Minories, consisting of sewing machines and frying-pans—it would be about two months' before Christmas—since then I have taken two bicycles' and thirteen cases

from Francis's, of Mansell Street, to Burden's—I did not see Burden himself to my knowledge.

Cross-examined by MR. POCOCK. I do not know what the cases contained—they were very heavy.

Cross-examined by MR. GRAIN. I had nothing to do with the delivery notes—I only assisted.

JOSEPH ROBINSON . I am one of Mr. Fenn's carmen—in October last, I took goods from Mansell Street, to 4, Minories—I do not know what they were; I remember a cask, two cases, and a hamper—I received my instructions in John Street; I do not know from whom—sometimes we take a delivery note; I do not recollect if I did on this occasion—I went once or twice—I do not know Francis or Blythe—I remember going to Broad Street, for two bicycles which were packed in a wooden frame; I had a writen order; I cannot say from whom—I took the goods to the Minories and saw Mr. Cohen, who gave me a note to bring back, I never went to Burden's.

Cross-examined by MR. GRAIN. I did not receive my orders from Cohen—Cohen took them in—it was all in business hours.

PATRICK BRYAN (re-examined). I took six sewing machines and several bundles of frying pans to Cohen's on one occasion, about November, by Mr. Francis' directions—Mr. Blyth was there—I also took goods to Burden's by Mr. Francis' directions, consisting of three casks, from Carron Wharf—I had a delivery order, which was signed on both occasions.

STEPHEN MARRONEY (Detective Officer G). I gave Detective Waller a bundle of pawn tickets obtained from Mrs. Perrott, the landlady of the prisoner Trayford's house.

JOHN O'CALLAGHAN (re-examined). I hold warrants for the apprehension of Prendergast, Law, Francis, Aarons, Gentles, Hudson, and Darleston-Waller went to Prendergast's address to apprehend him—I found a bundle of papers at Jackson's office, addressed to him by Prendergast—I have seen letters written by Reeves to Chapel, by which he obtained some hats—I have also seen letters admitted to be written by Parker—the handwriting is the same.

Cross-examined by MR. POCOCK. I applied for a warrant against Francis about the 8th or 9th November—it was issued on the 14th, when the evidence was more complete.

Cross-examined by MR. GRAIN. Waller took one man without a warrant who was discharged—I do not know anything about the documents that you produced at the Mansion House—I saw a bundle of papers.

Re-examined. I did not wait for warrants in subsequent cases.

Burden's statement before the Magistrate was read; in it he stated that Francis had been introduced to him by Gentles, who had been his traveller for about twelve months, and that he advanced 35l. upon the goods deposited with him on the understanding it should be paid in a fortnight; he believed the goods were of sufficient value to cover his advance, and he had no reason to believe Francis was engaged in fraudulent transactions.

Saturday, March 10th.

JOHN O'CALLIGHAN (cross-examined by MR. GRAIN). I saw a number of invoices at Cohen's—I cannot identify them—I never saw the cheques before—I looked at the day-book on the 4th.

Cross-examined by the Prisoner Gardner. I said it would be better for you to give me all the information you could in this case—we had several interviews about it, and you gave me information as to Jackson.

THOMAS WALLER (re-examined by Mb. Grain). I was at Cohen's both on the 4th and the 8th—Miss Cohen said Aaron's address was somewhere in Hannibal Road, she did not know the number—she showed me some invoices.

Cross-examined by the Prisoner Gardner. When I saw you at Well Street, you, said you had not received that (snapping your fingers) for what you had done in giving references.

Gardner's Defence. I received none of these goods myself and none lave been proved to have been received by Trayford, who was simply ay housekeeper, and has no guilty knowledge in the matter, as her luties were merely to keep the house clean and answer the door, for which I laid her 4s. per week and her board, she finding her own furniture. Her husband had deserted her, leaving her with a family of small children with respect to myself, I ordered some sewing machines to complete a contract which I had, but which I lost, in consequence of their not coming to and in time. When I first visited Francis' office I believed him to be doing a little business. I never derived any advantage from giving him references. When I took the offices in Well Street I joined a Mr. Gardner an agency business. He left me in March and I retained the name. Respector O'Callaghan said he would recommend me to mercy if I would have him information, and I told him all I knew.

MR. GRAIN called the following witnesses for Cohen.

JULIA COHEN . I am the daughter of the prisoner Cohen—I have kept his books for some time—I also drew cheques, but he signed them—I recollect the detectives coming, the first occasion was on the 3rd November, when Waller called, and said he came from Mr. Cohen, and I was to shew him the pianos, packed ready for shipment—my father was then in custody—I shewed him the pianos; they were outside the office door—one was open, one was packed ready for shipment to Australia, where my married sister lives; she has been married three years—my brother-in-law is an outfitter there—my father has been in the habit of shipping goods to him of every description, such as iron ware, jewellery, pianos, harness, brushes, sewing machines, &c.—goods are frequently packed in piano cases, and a list is put with them—after Waller had gone, Detective Banks came and examined the book for some hours; he made extracts—there are entries to Francis and Co.; we have bought goods of him—on the 4th, O'Callaghan and four or five other detectives came—O'Callaghan asked for invoices of goods bought out of our line; my father deals largely In leather—I told our servant Christopher Ebrecht, to bring the invoices, and he handed each lot of goods as the inspector asked me when they came in, and I told him—I shewed him all those produced on that occasion, and O'Callaghan traced them in the books—they also examined all the shelves; they were re about three hours—they left a constable in possession on the night of 3rd—I first saw Francis come to our warehouse in September, he presented a card, and said he was a shipper—coy father was present—he said bad heard my father was a shipper, and father said he was—then he he had some goods to sell, which he thought it would be worth father's le to buy—my father said he would buy them if suitable—I did not w then that Francis had ever been convicted; he looked like a gentleman—the entry of the 1st of September related to sewing machines, for much I drew a cheque for 15l. 10s. in favour of Mr. Francis, on his bank, took a receipt from him—there is an invoice for 32l. on the 29th

September, for which a cheque was drawn on the 2nd October and paid to Francis—the next is the 5th of October, for 21l. 10s.—my father drew that cheque himself; I see it is his writing—the cheques which I hold in my hand relates to the invoices to which they are pinned—I first knew Aarons about the 6th September, the date of one of these invoices—he said he was sent by a Mr. Terry, a wheelwright, to sell my father some harness—he had one set with him—they talked about the price for some time, and my father at last bought this one set for his own use, and paid 6l. 10s. for it; this is the invoice—they could not agree as to the terms for the others—Aarons came again and said he wanted the money badly to meet a bill, and my father at last bought five sets of harness for 32l. 10s.—I had not heard that Aarons had been convicted—I am sure my father had no such knowledge—my sister Jane was sometimes present when the detectives were there, but not when Francis came.

Cross-examined. Francis came in when the books were being examined—he said they had no right to do so, and I asked him to speak to them for me—I saw Francis on the 8th; he was to appear as a witness for my father—I saw Gautier's piano at our house, my sister received it—I was not at home when it came—I know Mr. Hart, my father has done business with him—proceedings were taken against my father in reference to all the pianos; I only attended to the books—we have been trying to find Hart—our books shew all our transactions with him—we live in a private house, distinct from the Minories—I do not know Lindsay, Blyth, or Balfour—I knew Mr. Retlaw, he was a general merchant; I have not tried to find him, I see no reason why I should—Hart lives, I believe, at No. 5, Wentworth Street, Mile End, and at 31, Windmill Street, Finsbury; I have not been there—my father went with Mr. Hart to look at the pianos at Windmill Street, Finsbury—I do not know anyone of the name of Harris—I went to see Mrs. Gautier—I did not ask her to withdraw from the prosecution—Mrs. Gliddon went with me once to speak to my father's character, and I went once alone—nothing was said about withdrawing from the prosecution in my presence; I went to explain the case—I was not present when Mr. Bushby refused to allow the case to be withdrawn.

Re-examined. I drew the cheques and gave them to Hart; they are here, and also the invoices which Hart receipted at the time—the result of my going to Mrs. Gautier was that by her solicitor, she publicly intimated at the police-court she was satisfied that my father had done nothing wrong in the matter, and that she was very sorry and wished to withdraw from the prosecution—I also heard the Continental Company had written a letter to the same effect—it was produced at the police-court, but I have not seen it—O'Callaghan asked me for Hart's address, and I gave it to him.

JANE COHEN . I am another daughter of the prisoner Cohen—I was with my sister when the dectives came on November 3rd and 4th—they examined the books and searched the place—O'Callaghan told Banks to make notes of everything, and my sister helped as he called out the goods—I cannot swear to the invoices; the detectives appeared satisfied with them—we have given directions to our man Ebrecht to find Hart.

Cross-examined. I do not live at the Minories; I was there because we were busy, and father was in custody—I do not usually take part in the business—I was at home when a piano was brought in a van—I do not know either Hart or Harris.

JULIA COHEN (re-examined). The amount of our transactions with Hart would be about 200l. or 300l.—the pianos came to 68l.—they extended over about eighteen months—my father has bought other pianos and shipped them to Australia.

CHARLES BANKS (Detective Officer K). I have heard the two Miss Cohen's evidence, it is not every word correct—I went to Cohen's to take care of the place—I stayed in the warehouse—I assisted in removing the pianos from the warehouse—I did not examine the books myself, I assisted O'Callaghan to do so for about two hours after the pianos were removed—we found entries referring to pianos in the books—I do not remember any address to Hart's name in the books; I see there is one—it is 31, Windmill Street, finsbury—I have not been there, I only had to take care of the premises on the 3rd and 4th—I assisted to examine the stock as well as the books—Borne one came in and spoke to Miss Cohen; I took him to be a gentleman at first, but I soon found out he was not—he threatened that I should be put out of the place for examining the books, but two other detectives came in and I asked them not to leave me, as I feared I should be put out and the door would be shut after me.

Cross-examined. Miss Cohen did not tell me that the gentleman was Francis, or I should have taken him in custody.

Re-examined. She did not tell me afterwards that he was Francis.

Monday, March 12th.

ALFRED GLIDDON . I have been manager of the Aldgate branch of the City Bank since May, 1876—I know Cohen, he has an account there—Francis and Co., of 18, John Street, were also customers—they were introluced by a customer of our head office in August, 1876—Cohen's reference was from the National Provincial Bank, and a gentleman who had known aim for twenty years and gave him an excellent character, and who intro-Qced him personally—Cohen made inquiries about Francis and Co. at our and—the cheques produced signed by Cohen in favour of Francis, Aarons, and Hart, were duly paid and entered—this is Maurice Cohen's pass-book, 11 the entries are there—the dates referring to the pianos are 22nd September, 23l. 10s.; and then there is 45l.—the cheques are made payable to art—I have noticed the working of Cohen's business account, which oppeared to be a proper legitimate trading account.

Cross-examined. I never saw Hart and do not know him—the cheques ere paid in gold—Francis' account was only a small matter, amounting to rout 200l., and existed only for a short time—my answer to inquiries about rancis was that we knew nothing of his means, but that he was respectably introduced—I knew of the charges against Cohen; I went to see Mrs. Hardy out it—I did not tell her that if she did not prosecute, the money would paid—I went to Mrs. Gautier's twice—I did not tell her if she did not prosecute, the money would be paid—I told Mr. Oliver that he was a straightforward, honourable man, and would allow no one to suffer through his indiscretion—I said nothing about expenses—15l. was not mentioned—I saw Oliver at Mr. Beard's office—I referred these people to a respectable solicitor, in order that they might act wisely with respect to Cohen, whom I believe to be innocent—T do not remember Mr. Mullen's name being mentioned—I do not think I said "I would not go to him, he is not a criminal oyer, go to Thomas Beard, of Basinghall Street;"—other persons were prement; I do not remember that being said in my presence; I would not condiet anyone who stated that it was said—a Mr. Danziger was with me—

I did not say to Mr. Oliver in his presence "This young mail can deposit 15l. with me and you can have it from me when the case is over"—the interview with Mr. Beard took place before I arrived—Mr. Beard, junior, saw me afterwards and said that he had advised the parties what to do—I did say I hoped Mrs. Hardy would see her way clear to withdraw from the prosecution of an innocent man—I cannot say if Mr. Danziger was present—I did not tell Danziger to give three 5l. notes to Mr. Oliver to give to Mrs. Hardy when the case was over—I went to Worship Street, but I do not recollect when, as I did not attend all the examinations—I did not tell Mr. Oliver at the police-court that the money would be all right—I went to Mrs. Gautier, once in the day time and once at night, to induce her not to prosecute—I did not say "We do not want you to do this for nothing, "not "Of course, you have had a lot of trouble and anxiety about the matter, but we will pay you all expenses and 25l., the price of your piano," nor anything to that effect—I do not remember using such an expression—I should contradict anyone who said that I did—the charges of the Continental Company were referred to, but I did not say to Mrs. Gautier "Yours is the only case, we have settled with the Continental Company, and they won't prosecute;" I do not recollect anything of the kind—Miss Cohen was with me, on one visit to Mrs. Gautier, I think the first—I urged Mrs. Gautier to refer to her husband, she was not the presecutor—she might have said "How about Mrs. Hardy?" but I do not recollect replying "Oh, she is all right, we have seen her, and she will apply to withdraw in the morning"—I told Mrs. Gautier that Mrs. Hardy had said that she was desirous of withdrawing on the account of the respectability of Cohen—she or her daughters expressed sympathy with Mr. Cohen—there were two ladies in the room.

Cross-examined by MR. GRAIN. I might have seen Mrs. Gautier again at the police-court—I might have said to her that there was no occasion for her husband to prosecute this man, because I thought so—I do not say I did—I do not know the exact point of the case where the Treasury took it up—I do not think I knew at the time I made that statement that the prosecution bad been taken up by the Treasury—I do not remember when I made use of the remark which I might have made use of—I did not know at that time that Mr. Bushby, the Magistrate, had refused to allow the case to be withdrawn—I might have done so—I was present in Court when Mr. Wontner appeared for the Treasury, once I believe—I do not remember saying to Mrs. Gautier "Have you seen any of the police? if you bare not had your subpoena you need not appear"—I might have—I did not say "We will pay for your piano, and pay for your expenses, and your lawyer'—I said that no man would suffer loss through any improper or unwise conduct on the part of Cohen in purchasing from these thieves, he was too honourable a man to allow them to suffer—that was certainly said with a view to induce them not to prosecute—I believe Mr. Cohen would have paid for the pianos twenty times over rather than let a poor woman suffer like Mrs. Hardy, I know I would myself—I knew from the beginning that the police were in possession of Cohen's premises—I said what I believed, that Cohen would not allow Mrs. Gautier to suffer from any imprudence he had committed, not crime—I very likely said "You will not lose anything by it—I believed it if I did not say so—I very likely said "Mr. Cohen is shipper, and ships a good many pianos, and he would probably want one or two in a week, and it would be a very good thing indeed for you—I

thought so if I did not say so; I meant that I should not be surprised if Cohen gave Gautier a large order—I never offered money to anyone to settle the case, or offered to put the money in someone else's hands until the case was over—I said nothing of the kind, upon my oath—I did not say so to the best of my recollection—Mr. Gautier was not in when I called and I waited some time; I think he came in; I think I left Mr. Danziger there—he saw Mr. Gautier if I recollect—I have gone into the matter with Mr. Gautier and told him what I thought of it—I saw him in a neighbouring court several times while the case was before the Magistrate—I should think I said to him words to the effect that Cohen was a respectable man and suggested that he should withdraw from the charge—I did not say that the Anglo-Continental Company had with-irawn, and that he would be left alone in the case if Mrs. Hardy withdrew—the first part is right—I will" swear I have no recollection of saying that he would be left alone in the case, and that it would cost a lot of money, bat they would get the case remanded week after week, and he had better withdraw—I don't recollect saying anything like that—I know I suggested to withdraw from the case on account of the respectability of the man—I very likely said "As soon as Mr. Cohen gets out of this, he will certainly business with you and recommend you to his friends or other persons and merchants"—.I believe Miss Cohen had made use of a remark which I adorsed, on that subject—I don't recollect making any second communi'tion to Mr. Gautier on the subject of his applying to withdraw from the prosecution—I heard one application made, and Mr. Bushby said he would not allow it to be withdrawn, after an intimation that the Treasury were being, to take the matter in hand—I am not positive, I may have heard or not—I do not recollect asking Mr. Gautier after that to renew his application to withdraw, and telling him that no one else would be there Mrs. Hardy was not coming—I do not recollect saying anything of the kind at the period you refer to, or at any subsequent period; you are mixing up the various times—I don't believe I said so after I knew that he Magistrate would not allow the case to be withdrawn—I think the general point of my conversation might be this: once or twice or thrice I spoke to Mr. Gautier and his wife as to the respectability of this man, and their duty of withdrawing, looking at the facts, not in a policeman's point view, but with the view of a man of business—I had no authority to take any offer of money—my remarks were remarks of a generous nature wards a man in trouble—I might have made this statement to Gautier I knew that the Magistrate had said that the case should not be within and the Treasury had taken it up, but I do not recollect—Callaghan called at the bank on several occasions in reference to the que drawn by Francis in favour of Dedicoat—I wrote a note to Callaghan asking him to call and see me at the bank, and he called next filing—I might have said to him "You must, of course, do your duty, do not press him more than you can help," or words to that effect—I wed to Mr. Cohen's innocence according to my judgment—I very likely "There are plenty of people like Cohen who buy goods without asking questions, and he has done nothing more than others do every day"—deputy was in the room when we discussed the matter—I was never at Minories with a pencil and note book—I never made a memorandum in section with this matter of any sort—I was not ticking off the goods as were taken away—I went with the accountants on business to average

financial matters, and documents and other matters were presented to me purely financial matters—I had nothing to do with the goods taken away under the search warrants—I was not ticking them off as they were taken away—I was taking an account of certain transactions in leather, Cohen's property, that was about to be sold—I saw the police taking the goods under the search warrant.

Re-examined. I knew Cohen had to meet bills to large amounts—he had to use a considerable sum for that purpose, and it was necessary to realise a considerable quantity of his stock—I was present on some of these occasions inspecting the stock so to be sold—the police were in charge of the place at the time—the goods were taken away, sold, and the money paid—there were other financial matters in connection with ourselves that had to be discussed when this matter first cropped up with reference to these pianos—I enquired into it with the family, and then it came to my knowledge that he had bought the pianos of a man named Hart, and that he paid those two cheques through the bank—the cheques were cashed over the counter—with reference to Mrs. Gautier's piano, it is in the hands of the police—he never paid for it—Hart never had it—it was sent to his place, and in consequence of that he was taken into custody—Mrs. Hardy's piano was also taken to his place, and subsequently taken away—I know this from hearing the evidence at the various examinations—after having heard it, I went on one occasion to Mrs. Gautier's and stated what I hew of Cohen—I had come to the conviction that he was an innocent man in the matter, and suggested to them that they should not proceed with it—I think I was in Court when Mr. Wontner made an intimation that the Treasury had taken up this matter—I do not recollect whether at that time there was an examination of a certain number of these prisoners going on at the Mansion House—I saw Cohen at the Worship Street police-court, and afterwards at the Mansion House—I believe an intimation was made to Mr. Bushby, and upon that statement Mr. Bushby said the matter must go on—I have' not the least interest in this matter except loss of time and money—the prisoner has only one creditor—his account was one I discounted bills for—when first apprehended he owed me money—there were a considerable number of bills, but we held valuable securities—we held the deed of the house in which he lived—I have since examined into ha affairs myself on behalf of the family; they are perfectly straight in every way—I have never been to the Anglo-Continental Piano Company when I went to Mrs. Gautier I put before them all the facts I knew in connection with the matter—I knew that two cheques in favour of Hart had been cashed from our bank—I have never seen the invoices.

JAMES FERRY . I am a wheelwright at Hannibal Road, Stepney—I have been there five years, and have known Cohen between five and six years—I remember his speaking to me about bicycles some time in the autumn of last year—he told me he had got one for a sample in his place, would I come and value them?—there were three of them—then he called for me, and brought me up in his cart—there was one in a case—he asked me the value, and said the other two were like them—I told him that, considering the bad season was coming on, the three were not worth more than 20l., and I should not like to give more than that for them—according to my judgment that was a fair price for them, considering the time of year, and that he had to get rid of them as best he could—he asked me if I thought they would do in Australia—I told him I thought they would—I know he has

for some time been shipping goods to Australia—I knew a man named Aarons, he lived opposite my gateway for about twelve months—I recollect Cohen coming to me about harness—he asked me if I knew anybody likely to buy it—I suggested Aarons—he never tried to sell it to me—that was some time in September I think—I had not heard of the trial of Aarons, Francis, and Solomons, or that Aarons had been convicted.

JAMES SCOTT . I am an auctioneer, and have been in business eighteen years—I have known Cohen longer than that, and have had dealings with Mm in miscellaneous articles, principally boots and shoes and leather—we have a variety of articles for sale—he has bought large quantities of goods at our sales and privately, between 4,000l. and 5,000l. a year, for the last six or seven years—since I have known him his character has always been that of a respectable man—he frequently owed us 700l., 800l., 900l. and sometimes 1,000l., but always paid his accounts regularly.

Cross-examined. I was his bail in the first instance for 500l., but declined to continue when they increased the bail.

Re-examined. On 13th October, 1876, forty-six sewing machines at 8s. me bought for him—when they are bought by auction they do not realise he price manufacturers charge them at—there is a great reduction on the original cost, because it is difficult to get the customer and the article together—I know that Cohen has for the last two years taken the export business to Australia—since his daughter married a merchant in Australia, he has bought more; before that he confined himself to the boot and shoe rade—I have done business with him in the boot trade for twenty years—wing machines bought cheap here might fetch a good price in Australia, should think.

JOHN SOUTH . I am a partner in the firm of James Davies and Sons, gents and auctioneers, Bishopsgate Avenue, principally connected with the other and shoe trade—I have known Cohen for twelve or thirteen years—he has been a customer of ours—I have looked through our ledger and find the average purchases for the last two years have been about 130l. Per mouth—about 3,000l. he has laid out, principally for leather and boots ring the last two years, dating from the time of his arrest—we had one assignment of cutlery and electro-plate—I believe he purchased two or free lots forming part of that consignment—he also purchased on September 8th, 1875, thirty-seven sets of small garden tools and twelve large ditto I think it is a little over two years since he took up the export trade to stralia—we always found him a respectable tradesman, who paid his sounds promptly; if there was an error on one side or the other he always wanted it out—in July, 1876, we sold him 578 cigar cases at 6 3/4 d., and any-one dozen scizzors at 2s. 3d. per dozen.

Cross-examined. We sell bankrupt's stocks, but do not deal with people we believe to be dishonest.

POLACK. I had offices at the same place as Francis and Co. here appeared to be a respectable and bond fide, business going on—I. would have bought of them myself if they had had anything in my line—was quite a gentleman.

Cross-examined. I am a general merchant—Mr. Francis offered me he goods, but they were not in my line—I have sometimes ordered of the manufacturer and ordered them to be sent by him to the customers without their coming to my warehouse.

SAMUEL WHITE VALE . I am a packing-case maker, and have made

cases for Mr. Cohen for several years for shipping goods abroad—he is honest and upright—I have made several piano cases for him—they always put in other articles with pianos, to keep them from being bruised, unless the case fits exactly.

Cross-examined. I do not know whether steam guages are good things to pack with pianos, but if there was room they could be—you save freight by it.

Other witnesses gave Cohen a good character. Wood, Laurie, and Burin also received good characters.

JOHN O'CALLAGHAN (re-examined). Miss Cohen did not ask me, as she stated on Saturday, whether she should send for Mr. Francis, nor did I answer "No, thank you, I won't trouble you"—there were invoices of several others besides Francis, and there was no reason to select him—she looked over the books and invoices without wearing glasses; it was only on giving evidence at the Court that I saw her wear them—Mr. Gliddon sent for me by letter—he opened the conversation by alluding to my conversation at the bank, and said "This is a very sad case of Cohen; of course, you are a police officer, you must do your duty; but think of what the fate of the daughters will be if he is convicted: don't press too heavily against him"—I had gone to ask about the case of Dedicoat—Gliddon's clerk told me something about that—the proceedings at Worship Street were on the 3rd, 10th, 17th, 24th, and 25th—it was on the 10th that Mr. Bushby said that he would not allow the prosecution to be dropped—that was the occasion when Mrs. Hardy's piano case was gone into—Gautier's piano case was gone into on the first hearing—Mr. Wontner did not appear for the Treasury till the 17th—there was a further remand, and it went on each successive week.

By MR. GRAIN. At all the eleven or twelve hearings at the Mansion House Miss Cohen was there almost all the time with glasses; but it was after the examinations at Worship Street that the glasses were worn-previous to 8th November Cohen told me that he should be glad to hear of the capture of all engaged in Francis and Hart—he said that I might have had them—I made an appointment to come on the 8th to receive them, but I failed to keep that appointment in consequence of being detained at the Mansion House—I hoped to obtain a warrant, and then I could have acted more summarily—when Cohen was in custody about Gooch's piano, I knew that he had a place in the Minories—his daughter first told me she said that the piano was taken to the Minories—the question was asked of the daughter whether there were more pianos, and she said "Yes, you will find three more at my house"—I did not go straight there and find them, but I posted a man outside the house—Cohen said that he had all his receipts—I found that Harrison had a dummy shop at 21, "Windmill Street, Minories—three men had been there known as Harris and as Hart it was not after I had searched the day book and found the addresses that I enquired there, Mr. Abbott, the solicitor gave me the addresses.

By MR. BULWER. Gautier's piano was not taken from the Minories but from the private house—Harris and Hart are the same persons—they had two addresses; one was 5, Wentworth Road, Mile End, in the day-book—I inquired there and no person of that name had been there for five years.

GARDNER, PARKER, and JACKSON— GUILTY of conspiracy and fraud. WOOD, LAURIE, BATSON, and ORD— GUILTY of conspiracy only.

COHEN— GUILTY of receiving Five Years Penal Servitude on this indictment. (See next case.)

GARDNER, WOOD, and LAURIE— Two Years' Imprisonment each .

PARKER— Five Years' Penal Servitude.

ORD BATSON, and JACKSON (See New Court Wednesday)


NEW COURT.—Tuesday, March 13th, 1877.

Before Mr. Common Serjeant.

5th March 1877
Reference Numbert18770305-319
VerdictGuilty > unknown

Related Material

319. MORRIS COHEN was again indicted for unlawfully conspiring with one Harris alias Hart , to obtain certain pianofortes by false pretences. Other Counts—for unlawfully receiving the same.

MR. BULWER, Q.C., with MESSRS. COWIE and DICEY conducted the Prosecution; and MESSRS. GRAIN and TICKELL the Defence.

PAULINE GAUTIER . I am the wife of Jules Gautier, and live at 62, Cannon Row—on 1st November last, I advertised, in the "Daily Telegraph," a piano for sale, made by Collard & Co.—between 1 and 2 o'clock on that day a gentleman called, and my husband went to the door—the gentleman asked to see the piano, and my husband said "Will you attend to this gentleman for me"—I went into the warehouse and shewed him the piano—he said "That won't suit me"—he looked over the stock and elected one of our own make—the price was 26l., I ultimately accepted 15l.—he tried the piano and as a friend of mine called who is a nice player he tried it—the gentleman said that he had bought many in his time—he aid he was in the provision line, and he would send for it—I asked him whether he would leave a deposit—he said "No, there is no occasion, I will send for it about 3 o'clock with a cheque"—I asked for his card—he said that he had none, I gave him a pen and ink, and he wrote "Harris, 47, london Wall"—just before 4 o'clock a cart came with "Harris and Co." on it in large letters—a man and a lad came in and handed me an envelope with this cheque inside for 25l. (produced)—I sent to the factory for my husband, and my son came over—the piano was put in the van, and I asked my son to follow it.

Cross-examined. Hart was a respectable business looking man of about thirty-two or thirty-four—he tried the instrument for a few minutes, he did not ask for any discount—it was not a music van, but a light van for moving goods.

LOUIS GAUTIER . I am the son of Mr. and Mrs. Gautier, pianoforte makers, and am seventeen years old—I was at dinner on this day, and came and saw Harris bargaining with my mother—I was there again about 4 lock and helped to put the piano in the van—two men came for it and there was a third on the bridge who was looking over towards our house very suspiciously, in a manner which attracted my attention—the two men went away with the van, and the third was at the bottom of Great College street—I followed the van as far as the College Arms, it stopped there, the two men went inside, and four men came out' one of whom was the one I saw on the bridge, and another was the one who purchased the piano—they all four got into the van and went through Pancras Road, Pentonville and, Old Street, Hackney Road, Lomax Street, and down Bethnal Green Road, I went into the Devonshire Arms public-house in Devonshire Street—I remained outside—they all four came out, got into the van and drove back

part of the way which they had come, they went up Whitechapel, and stopped just before they came to the Minories, about 20 yards from Cohen's premises—Harris got down and spoke to a man at a gateway for about a minute—he then got into the van again and drove down Whitechapel Road, Devonshire Street, and St. Peter's Street, to Cohen's house—I did not lose sight of the van at all; I ran after it—the horse was trotting they drove up to Cohen's house and Harris got out and walked a little way down St. Peter's Street, and came about 3 yards from me and looked at me very hard—I looked at him and then the three men in the van got down and took the piano through a little gate into a stable where there was a wagonette—the lad went to the private door first, which was opened, and then the gateway was opened—that was about 8.30, but I did not look at my watch—Harris took no part in the delivery; he walked down St. Peter's Street, to the bottom—after I had seen the delivery I followed the van, and two of the men got down and spoke to Harris—two young ladies received the piano, one of whom I recognise as Cohen's daughter—they were at the gateway—Harris joined the two men, and the three walked up Devonshire Street, and went into the Forresters—I went home and told my father what had become of the piano, and he and I went to 47, London Wall, and found that no such person as Harris was known there—we then went to St. Peter's Street, and I remained to watch while my father went to the police-station, and in a little over an hour he rejoined me with Sergeant Cole, when all three stood talking some time, and then, as Cohen's iron gate was locked, and we could not reach the knocker, I got on the rails and knocked at the door—a young man opened it, and my father spoke to him—I heard, him speak to somebody, and then he shut the door, and I heard it chained and bolted—we all stopped there about half an hour longer, till 12 o'clock, and then left the sergeant there to watch—before I went away, the man who opened the door came out and leaned over the railings and watched us, and went in again, shutting the door after him—I left, and my father went back—I returned at 6 o'clock next morning, and my father then went away—I was there alone till 7 o'clock—during the time was watching the premises I did not see Cohen go in or out—next morning I saw the man who had opened the door come and speak to my father, and after that I saw Cohen, that was about 8 o'clock—I went, away and got ray breakfast, but only two minutes' walk off—when Cohen had had some conversation with ray father he went in again—I remained there the whole day till 5 o'clock, and Cohen came and spoke to me two or three times—the first time he told me I looked cold, and asked me to come in and have a cup of coffee—I declined that, and told him I had had my breakfast—he said "Come in and have a look at the piano, and see if it is yours," and I went in and saw it—that was after I had spoken to my father—it was in a ground floor bed-room; it had been removed from the place where the wagonette was—I had seen it from the street—I got up on the window-ledge—there was a man sleeping in the room—I said "This is our piano, here is the name on it"—he told me to take it away, and said "It is no use your trying to catch those men, they are out of London by this time"—he again asked me to have a cup of coffee—I declined, and went into the street again, and after that I saw the man with the van talking to Cohen at the corner of St. Peter's Street outside Cohen's place—the man left Cohen, and about ten minutes afterwards he came with Harris to Cohen's street door where I was watching—Harris nudged the other, and they turned round and walked sharply down St. Peter's Street

one wanted to go one way and one another—one said "Straight on," and they both kept on the same way—I followed them, overtook them, and said to Harris "You are the man who bought a piano in Camden Road yesterday"—he said "No, I am not"—I said "Oh, yes, you are"—he said "Oh, no, my boy, you are mistaken"—I said "No, I am not"—he said "I have got no time to speak to you," and away he went—I did not then know whether the cheque was good or not, so I took no steps to stop them—I was afraid that the piano would be removed, so I went back and remained till the police removed it in the evening—I am quite certain that the man who came up to the door and nudged the other man was Harris.

Cross-examined. When my father went away to breakfast I remained there—there was a policeman on the beat—I did not speak to him, my father had—he knew what was the matter; he was standing opposite Cohen's house when he saw me run after Harris—I recognised Harris at once—I thought it was no good calling to the constable, because at that time we did not know whether the cheque was right or wrong—I am positive Harris was the man that had bought the piano—I have never expressed a doubt of it—I don't know Detective Hunt—I don't remember a detective showing me some other person and asking if that was the man—I don't know the name of the constable who was standing outside Cohen's house—when I ran after Harris he called to me to come back—(Looking at two constables) it was neither of those—that is the one (K 350)—when the piano was taken I followed the men to within five minutes' walk of Cohen's house—they went into the Devonshire Arms, Devonshire Street, and all came out together—they were only in there about two minutes—they all got into the van—I did not go into the Devonshire Arms—the piano left my father's house about 4.15, and it was about 5.15 when I traced them to the Devonshire Arms—all the four men were in the van all the time, not from my father's house, but from the College Arms; two of them got in here, that is 4 or 5 miles from Cohen's house.

JULES GAUTIER . I am a pianoforte maker—I remember the men coming about the piano, my son came back in the evening and told me something, and 1 went to 47, London Wall, to ascertain if any person named Harris lived there, and not finding him I went to St. Peter's Road, where Cohen lives—I left my son there to watch, while I went to the station to report he case—I afterwards went with the sergeant to Cohen's house, about 1 o'clock or 11.15—my son was lifted up on to the rails in front of the door and knocked, a man came to the door—I said I want to see Mr. Harris—he said "Mr. Harris don't live here, this is Mr. Cohen's house"—I afterwards said "I have come to see the piano that was brought here this evening, I should like to buy it if there is a chance"—he said "No piano has been brought here at all, there is no piano here"—I said "Oh nonsense, the piano is in that room," pointing to the room where the piano was—he said Well, I am sure I don't know, I have not been here long, I know nothing at all about it"—I said "Then make inquiries of the people in the house, because I have fully made up my mind to hear something about it to night"—he turned round, partly closed the door, and immediately afterwards I heard him conversing with some female voice or voices; I could not near the conversation—he did not speak to me again, I was waiting for his answer, and to my great surprise he shut the door, and I heard the bolts being pushed and the chain put on—I then rejoined the sergeant and remained there till 12 o'clock, with my son—we then went to the police

station, I sent my son home and returned to Cohen's house, and remained there all night alone—during that time I did not see or speak to anyone, except the police on the beat, who wanted to know what I was there for—my son rejoined me in the morning, about 6 o'clock, and I went away for half an hour, and then returned and remained there with him till about 8 o'clock—I saw the man who opened the door over night, taking in the milk—I then went and presented the cheque at the bank, it was returned to me in this form—I then went to the police-station in Bethnal Green Road, gave them the cheque and placed the matter in their handas—I went with Detective Waller to Worship Street, to try and get a warrant, we failed in that; but heard that there was one out already—I went back to my sod about 4.30 or 4.35 at Cohen's house and gave him in charge—I saw him outside his house—he said "I have been to the police, and they advise me if you wont take your piano away, to turn it into the street, and I will do so"—I said "I wont take it away"—at 8 o'clock in the morning the man who had opened the door on the previous night came out of Cohen's house, and said "Are you the man that has been watching the house all night"—I said "Why do you want to know"—he said "Because in that case Mr. Cohen wants to speak to you, come in"—I said "I can't speak to Mr. Cohen now, but I may want to do so by-and-by"—he returned to the house, and immediately after Mr. Cohen came out, he said "What is the meaning of this, why do you watch my house all night thus, I have never had a policeman's lantern turned at my door before this, tell me what is all this about"—he was very excited—I said "By this time you ought to know all about it"—he said "Oh, I know nothing whatever about it, tell me"—I then said "A man who gave the name and address of Harris and Co., 47, London Wall, purchased a piano of my wife yesterday afternoon, he gave in payment a cheque for 25l., the piano was taken away in his own van, but instead of going to 47, London Wall, it was brought to your house: I have made inquiries at 47, London Wall, and I find no such person as Harris and Co. has ever lived or had any place of business there; under these circumstances I thought it right to make inquiries at your own house, but as the man who opened the door denied any knowledge of the piano having been brought there, and the other inmates have not thought it worth their while to attend to my inquiries, I have stopped here all night, not to watch your house, but to look after my piano"—he said "I can assure you I am entirely innocent of any participation in this transaction; I am a tradesman in a good way of business, I can write a cheque for 1,000l., and my bankers will cash it, and therefore I was not a likely man to lend myself to anything of the kind"—he then said "I will tell you all about the affair, last evening about 5.30 or from that to 6 o'clock, when I was away from home, in Old Kent Road some men brought a piano to my house, but as I had not left any orders about a piano, my wife declined to take it in, but told the men to take it to the warehouse, in the City, they went there, but finding it was closed they came back to the house with it, in the meantime my wife had gone out, and on the men telling my daughter that the warehouse was closed, she foolishly allowed them to bring it in"—I said "Dont you know these men that brought it"—he said "No, I do not know them, they are utter strangers to me"—I suggested that perhaps his servants would know them—he said "No,—I have no such servants"—I said "Then you mean to say that you don't know them at all"—he said "Yes, we don't know them, they are utter strangers to us; in fact, that is a plant upon

me by wicked men to ruin me; now my good man be advised by me, take your piano away, don't make any fuss about the matter, it will be a source of trouble and expense to you and to me too; take your piano away, or if you don't, I will turn it out into the street"—I said "But you must bear in mind that I have got a cheque in payment of the piano, and until such time as I have ascertained whether the cheque is good or not, I cannot legally touch the piano, even if you turn it out into the street"—at that time a man came up to speak to Cohen—I said to my son "Do you know him"—he said "No"—Cohen overheard me, and said—"This gentleman is my brother, he is not one of them"—they walked 2 or 3 yards away from us and had a conversation together, which I did not hear, and when he returned to me he still insisted on my taking the piano away and protested his innocence—I said "I hope things will turn out as you say, that you are thoroughly innocent of any wrong in this matter; of course, if the cheque turns out to be a good one you wont hear any more of me, but if it turns out to be a bad one, I shall not rest until I have brought the offender or offenders to justice; I deem that to be a duty which every man ought to perform"—he then pulled himself together, and said "Well, I shall go to the police and give them information, and ask them what I am to do under the circumstances "—he said "May God allow me to see darkness again if I am guilty of anything wrong in this matter"—I then went off to the bank, and when I returned I gave him into custody—I saw my piano in the house, about 4 o'clock in the morning—I was at the station when Cohen, his daughter, the taller of the two; and O'Callaghan had some conversation, but I was too far off to hear it.

Cross-examined by MR. GRAIN, That was when the charge was taken—I lave heard since that he went to Arbour Square police-station; that is the gentleman who I saw speak to him. (The prisoner's brother).

JOHN O'CALLAGHAN (Police Inspector). I was on duty on the morning of and November at Bethnal Green station—Mr. Gautier came and made a complaint to me—Waller afterwards came with Cohen, his son, and daughter the taller one), between 6 and 7 o'clock, and he was taken into custody—Mr. Gautier stated the circumstances under which he parted with the piano—Cohen said "I know nothing of it, the piano was brought in my absence had was received by my daughter, she is here and she will tell you all about if anything is wrong"—the daughter then said "In the evening two men fought the piano to our house, in St. Peter's Road, in a van my father as from home, and having had no instructions from him I declined to receive it and directed them to take it to the warehouse in the Minories, here my father might be found; after some time they returned and said the warehouse was closed, and not knowing what to do I took it in"—I said Do you know the men?"—she said I have seen them once or twice at our house, but I do not know their names, or where they live"—I asked young Gautier if it was the fact that the piano was taken to the house first, refused and then brought back again—he said "No, it was taken in the 1st time"—when the daughter said she had seen the men before, the prisoner said "Mind, I did not say that I don't know them, but I did not Ow them as "Harrs and Co."—I then entered the charge and read it to him, it was for unlawfully receiving a pianoforte which had been obtained by false pretences of Mr. Gautier—he said "I am innocent of it" next day I went to the prisoner's premises with Mr. Barrett, of the Anglocotinental Company, and saw in the pas sage leading from the house to the

warehouse, two pianos in cases, with the tops off, you could see what was inside, and a third piano was in the warehouse in the case, packed as if for transit—the daughter showed me an entry of the purchase of three pianos from a man named Hart, 31, Windmill Street, one of 23l. 10.5. and two at 46l. 10s.—on searching the book I found several purchases entered as from Hart without any address, but further on was the address, 5, Wentworth Road, Mile End—I went to Cohen's again on 8th November—I went into the office, the two Miss Cohens were there, engaged in examination of invoices—Cohen came in afterwards—the younger daughter said "Father, this is the inspector"—he looked at me and said "Pray, what may your business be"—I said I had come to take possession of the books and invoices—he said "You won't take anything out of here without a warrant, Mr. Besley has advised me that in taking the pianos away you hare acted illegally already, you took them away without a warrant," and lifting up his hands he said "I call on God to witness that I am innocent of this charge, I have tried to be careful in everything, and I am ready to assist you in every way in bringing these scoundrels to justice, if I should go to prison I have that girl to blame for it," pointing to his younger daughter—I said "You have known Hart for a year and a half and have had dealings with him, can you give me a description of him?"—he said "No, my sight is very bad"—turning to Waller he said "I can see that that man has a hat and coat, that is all I can describe about him"—I said "Then, perhaps, your daughter can describe him"—she said "No, my sight is very bad, too"—I could get no information about Hart—there was an entry of Mrs. Hirsch, Aarons' sister—I asked her the address of Mrs. Hirsch; she said she did not know.

Cross-examined. When Cohen was in custody on the charge of receiving Gautier's piano I was not aware that he had any pianos of the Continontal Company—I asked if he dealt in pianos—he said "Yes, you will find some at my warehouse"—I did go there, I was not shown any invoices with reference to pianos; the daughter offered to show me the counterfoils of the cheques given in payment of them; I did not look to them, she held the book in her hand—she did not say anything about having an invoice at the time, or looking for it—I never saw this invoice before—she made no objection to my examining all the books and invoices in the place—I searched the books, and so did Detective Banks by my direction—it was not from discovering the address, 21, Windmill Street, in the book that I went there—Mr. Abbott, the solicitor for the prosecution, gave it me—I went there and found that a person who called himself Harris had had a room there.

ANN HARDY . I am a widow, and live at 22, Meyrick Square, Prince's Street, Borough—in October last I had a piano that I wanted to sell, I pot a notice of it in an oil shop window, and on 31st October, about 11.30 a.m., a person representing himself as Harris and Co., came and said he had heard that I had a piano for sale, could he look at it; he did so and said he thought he had some one that it would suit, and asked how much I wanted for it—I said "9l—he said "I will give you 8l."—I said I would take eight guineas, and he agreed to give it—my daughter asked how much he was going to pay—he said "I am not going to pay it in instalments, I could pay eighty guineas—he said he would send a cheque in the afternoon with the man that came for the piano—I said "What time will you come for it, because I will have some one to assist to move it?"—he said "Oh no, I have plenty of men—he gave me his address, 47, London Wall, but not then—about 4 o'clock a cart came with two men—Harris came about ten minutes afterwards—one

of the men gave me this cheque and took the piano away—my daughter went out and took the address on the cart—next day the cheque went to the bank and was returned as bad—I went and gave information to the police; at Southwark—I heard nothing about my piano until some time afterwards when I read an account in the newspapers of the proceedings at the police-court, and I got a warrant and went—I have never seen my piano since.

SARAH HARDY . I am the daughter of the last witness—I was present at the interview between my mother and the man calling himself Harris—I have heard her account of it; it is correct—I asked him how he was going to pay the money—he said "Do you think I want six months' credit I can pay this and 80l."—while he was talking to my mother I went outside and saw on the cart "John Emblin, 11, Cock's Square, Bell Lane, Spitalfields."

JOHN EMBLIN . I am a carman, of 11, Cock's Square, Bell Lane, Spitalfields—on 31st October, I was engaged by a man named Harris, and went with my van to Meyrick Square, Trinity Street, Borough—I there removed a piano—I took it to St. Peter's Street, Mile End—Mr. Harris and two other men went with me—it was taken through a stable into the yard—I believe it was Cohen's house—I did not see any name on the door—two females took it in, an elderly woman and a young one—I afterwards pointed out the house to a policeman in plain clothes.

RICHARD STEPHENS (Detective M). I went with the last witness who pointed out Cohen's private house to me—there was a brass plate on the door with Cohen's name on it.

Cross-examined. I went in on the 3rd and saw two pianos there, but Mrs. Hardy's piano was not there.

Re-examined. The drawing-room is two rooms thrown into one, and there was a piano in each.

WILLIAM BARRATT . I am a salesman to the Anglo-Continental Pianoforte Company, 28, Baker Street—Harris and another man came there on Monday, 18th September and bought three pianos for shipment—he told me hat he was a general dealer, of 31, Windmill Street—we sent them on the Thursday to 31, Windmill Street—I went with the van and one of the men at the house gave me this cheque. (This was dated 21st September, on the london and County Bank for 82l. 9s. 9d.) That was the price agreed upon after discount—I saw Harris—"Harris and Co." was written over the shop—the cheque was paid to our bankers and returned dishonoured—about he beginning of November I went with an inspector to Cohen's premises., Minories, and did not see the pianos but I saw them there the next day—I have not received any payment in respect of them.

Cross-examined. I only travel to tune pianos and have nothing to do with discount—we take off 25l. per cent, and 5l. per cent, for cash—the price of these was 45l. each, and then there is a trade list which would bring them down to 22l. 10s.—I have been in the trade forty years, but I am quite unquainted with French instruments—if Cohen gave a cheque for 23l. 10s. for one and 46l. 10s. for another, he would give a fair trade price—the man as treated as a merchant, not as a private purchaser—he came between the two—there are three prices, and the trade have to pay the least.

CHARLES HUNT . I am a clerk at the London and County Bank, Lombard street—we have no such account as Harris and Co.—these-cheques are not on our forms—they represent the London and County Bank, but we have none these colours—I consider them forgeries—they are all alike and all

numbered alike, not consecutively—every one of them Was presented at our bank.

THOMAS CHANNING . I have lived at 5, Wentworth Road, Mile End Road, for six years in February, and am living there now—no person named Hart or Harris has lived there during that time, or used my house for business purposes—the house is all in my occupation.

Cross-examined. There are twenty-five houses on each side.

WASHINGTON YURROW . I have lived at 27, London Wall, over twenty-one years—I know no person named Harris or Hart, and never had a tenant of that name or a person carrying on business there, or in any way using the house.

WILLIAM WALLER (Detective Officer). I took Cohen on 2nd November—I have heard O'Callaghan give an account of what he said—that is correct. Witnesses for the Defence.

JANE COHEN . I am the prisoner's daughter—on the afternoon of 1st November, about 5 o'clock, a person came to our house and asked for Mr. Cohen—he brought a piano—I said "I have no instructions to take it in; why didn't you go to the warehouse?"—he looked at the clock and then said he thought he should be too late—I said "It is not closed till 6 o'clock," and he went away—he came back at 6.30 and said "I got to the warehouse at 6.57 and it was closed,—you had better take the piano in and I will call and see your father in the morning"—I was alone, and did not know whether I should do right or wrong—the man persuaded me and said he had had a lot of trouble, and our servant assisted to bring it in—I told my sister what had happened when she came home—she said "You had no right to take it in; I refused to do it"—we went to bed at 10.45, and left the men waiting for father—I afterwards heard a knocking at the side door, which is generally kept locked—I sat up in bed to listen, and heard a man ask for the name of Harris—our man said "No Mr. Harris lives here, this is Mr. Cohen's"—the other said, "I have called to buy that piano that was brought here to night"—our man said "I do not know anything about a piano," and that Mr. Cohen had not come home, and he shut the door—afterwards, my sister and I got up and went down to the breakfast-parlour where our man was waiting for father—I was upset—I knew father knew nothing about it—I said "He will be awfully frightened if any one stops him in the street"—my father came in about 12 o'clock—I told him what had happened in the presence of my sister and the man—he was much annoyed—an old piano had come the night previous, Mrs. Hardy's—my father had been away since 9 o'clock in the morning—my uncle and Isaac Cohen were with him then—he left instructions with me that if any one called I was to let them have the old piano—some one did call for it, and our servant, after asking me about it, gave it out.

Cross-examined. I do not know Mr. Hart; I do not think I have ever seen him—I do not know who brought Mrs. Hardy's piano—I was frightened because I guessed there was something the matter—I did not see the man who came to speak to my father about it as I was not washed and did not wish to appear—I saw the man who brought Mrs. Gautier's piano.

JULIA COHEN . I am another daughter of Mr. Cohen—he is very short-sighted indeed, he can scarcely see to write—I have worn glasses for two and a half years constantly—I have been in the habit since my sister married and went to Australia, of keeping my father's books, and have

regularly attended at the Minories—my sister married a young gentleman in Australia to whom my father ships a great quantity of goods, and very frequently pianos—I first became acquainted with Mr. Hart about two years ago, he was introduced to father by a very old friend, Mr. Souchong, a French gentleman, who is deceased, a leather merchant—I never knew Hart by any other name—I think his first address was Went worth Road, I am not not quite sure, but the addresses are entered in the book over one another—that commenced in February, 1872—he called in the Minories in the early part of September, and said that he expected three pianos from Paris consigned to him for sale, and would father be open to buy them?—father said "Well, I can do no harm by looking at them"—I think Hart said that he had removed to 31, Windmill Street, Finsbury.—he called on September 21st and asked father to go and see the pianos which he expected would be at 31, Windmill Street, by the time father got there, and father Trent with him—the pianos were ultimately sent to our place before they were purchased, because father could not go to see them—after they arrived at the door Hart came, my father was there and Hart said "What do you think of these pianos?"—my father said "Not much;" he then took out the previous invoice and the last invoice, with the heading turned in, and said "Well, since you say 'Not much,' I will show you the cost price of them" I saw the invoice, it was 82l. or 82l. 10s.—he said that he wanted 75l. or the three—father said that he would not give it, but offered 45l. for two—he said that he would not consent to take it until he had seen his man, he must submit the offer to him—Hart had said on previous occasions that he usually bought pianos at sales, but we 'never bought of him before—he then left and came back shortly and said that he would take 45l. but he must have 30s. commission for himself—father told me to wrote a cheque for 5l., which I did and gave it to Hart; this (produced) is it—I also gave him the 30s. commission. (This was dated September 22nd, 1876, for 45l., payable to J. Hart, or order, signed M. Cohen and endorsed J. Hart.) I generally draw the bodies of cheques and my father signs them—I gave Hart apiece of paper and a receipt stamp, and he made out this invoice (produced) and receipted—he pressed my father to buy the third piano, they were all three in our warehouse, but while they were talking about it I left—my father afterwards told me to make out a cheque for 23l. 10s., which I did—this is it, it as passed through the bank—Hart made out this invoice (produced) and Receipted it—this is my father's pass-book returned to him by the bank made up to the end of November. (This contained entries, "Hart 23l.10s." and "Hart 45l.") Directly articles are purchased and the invoice given I enter them—I made this entry of September 22nd. (In an account booh.) I have searched the counterfoils in my father's cheque-books, but find no cheques to Hart except those entered in the book—Mr. Hart has some times asked my father to lend him a few pounds, which he has done, in cash, which he has repaid, or it has come back in business transactions.

Cross-examined by MR. BULWER. This is the only transaction in the books with Hart for pianos, but here are various other things such as materials for lining and machine silk—my father has dealt in pianos for years—here is an entry of one bought on 31st July, 1876, of Mr. C. Arnold, of Crutchet Friars—Hart said that those three pianos were consigned to him from Paris—I did not notice that they had the London trade mark on them—they were brought to the Minories on approbation on 21st September that is not usual, but Hart said his place was so full and he expected a

consignment from Paris, that he asked father to allow him to send them as he was sure they would suit him—I did not see them brought to the Minories—they were brought to the house because we were full at the warehouse—they were taken from our house to the Minories—I only know that I saw them at the Minories, but not on the 21st or 22nd September—I saw them when they were packing—I do not know when they came there—I did not; see them at the house at the time of the conversation between Hart and my father, but they may have been there—O'Callaghan asked me what sort of a person Hart was, but I did not answer that I was short-sighted—what O'Callanghan has said is entirely false—I was present when my father said that he could see the policeman, that is not false—I do not recollect whether O'Callaghan turned to me and said "Perhaps your daughter can tell?"—he asked me to describe Mr. Hart on the Saturday morning, and I did so—I said that his age was about thirty, that he was nearly my height—he asked me the sort of clothes he wore, and he thanked me on several occasions for the assistance I gave him—Hart is rather dark and has whiskers—I cannot recollect whether he has a moustache or not.

Re-examined. I gave him a full description to the best of ray ability, but I had not taken much trouble to notice his appearance—we have a great many people at our place—I first heard that the pianos were sent to the Minories on September 21—ours is a large warehouse, and my business is principally confined to the office—we bought the lining the same as other goods, for shipping—I know that a Mr. Arnold was introduced to my father I believe the pianos had the word "Paris" on them.

CHRISTOPHER EBRECHT . I am a German, and am in the prisoner's service at the Minories—I slept at the house at St. Peter's Road, Mile End—I remember the day the piano was taken to Mr. Cohen's private house—I shut the warehouse that day at 5.50, and Mr. Cohen gave me 1d. to go through the short way to Bermondsey—I got back to his house at St. Peter's Road at 8.30—I believe there was a piano in the house when I arrived, but I did not see it till 10 o'clock; it was then in my room—soon after someone came and asked whether Mr. Hams lived there—I said "No"—he said "Who lives here?"—I said "Mr. Cohen"—he said "Is Mr. Cohen within?"—I said "No"—he said "When do you expect bin home?"—I said "Before long"—I knew that the piano was in the house at that time—I did not know where it came from, or who the person was who enquired for it—Mr. Cohen came home at 12 o'clock—I made a communication to him—I went outside the door, but could not see anyone—Mr. Cohen did not go out—I saw him go out next morning and speak to Mr. Gautier, and I spoke to him also—I asked him if he would step over, as Mr. Cohen wanted to speak to him—he said he could not, and Mr. Cohen went to him—I did not hear the conversation—I remember Mr. Souchong coming into my master's warehouse several times—I remember a conversation between them at the warehouse about eighteen months or two years ago about Hart—Cohen called Souchong into the back warehouse, and said "Who is that man?"—he said "He is a commission agent, and a respectable man; you can do business with him," and since then I have sometimes seen Hart coming there and selling goods to my master.

Cross-examined. When Mr. Gautier called at night he asked about a piano—I was going to ask Miss Cohen about it, but did not—no female voices spoke to me—I mean to say that no women spoke to me before I

shut the door—I then shut the door and spoke to Miss Cohen about it—I: did not speak to Gautier after that.

By THE COURT. There was a knock at the door; I opened it—the man said "I want Mr. Harris"—I said "Mr. Harris does not live here"—he said "I have come to see the piano which has been brought here this evening, I should like to buy it"—I did not say "No piano has been brought here; there is no piano"—the gentleman did not say "Nonsense; the piano is in this room here," pointing to my room—I told him I knew nothing about it; I was not at home—I cannot say whether he said "Enquire about it, as I mean to learn something about it to-night"—I do not remember whether I did enquire—I spoke to Miss Cohen, and said "A gentleman called here and wanted to buy a piano, and I said 'I don't know anything about it'"—I spoke to her to get information about it—she said "There was a piano left here, but I don't know the man who brought it"—I first found that the piano was in my room, when I went to bed; that was before the gentleman knocked.

By MR. BULWER. I remember three pianos coming there in their cases; they remained a few days, and then they were taken in a wheelbarrow to Mr; Cohen's house and put in the stable—they remained there longer than three days—they were in the same cases when the police came for them—the cases were lined with zinc, and I helped to pack other articles with them—there was no writing or ticket on the cases.

ISAAC COHEN . I am the prisoner's brother—on 2nd November, a little before 8 o'clock, I was passing his house on my own business, and saw him in communication with the man who turns out to be Mr. Gautier, and a boy—I heard my brother say "Mr. Gautier, if you don't take that piano out of the place I shall put it on the sideboard, and I shall go to the police first"—my brother went to the police-station, and they referred us to Arbour Square, where he made a communication to the police, and the inspector gave directions to send a detective to my brother's house—we then went back, but the man had not been, and we went to Charrington's brewery, at the corner of St. Peter's and Mile End Roads—that is five minutes' walk from my brother's house, where a person who said he was a detective sent from Arbour Square, tapped my brother on the shoulder and asked him about it—from the time we left Arbour Square to the time he was tapped on the shoulder, my brother did not speak to anyone else, except going in to a man named Abrahams, and then we went together to the Minories.

Cross-examined. I knew nothing of the charge being investigated before a Magistrate till the Thursday—I was at the police-court—I can't remember whether my nieces were there—Mr. Ebrecht was outside the Court.

DAVID HATFIELD (Policeman KR 12). On the night of the 1st or the morning of the 2nd November, I saw Cohen go up to young Gautier—he said "Will your father take his piano away; if he don't take it away I will out it out in the churchyard. I will assist your father all I can in making enquiries who brought it here"—Cohen also said "Have you seen the men?" and young Gautier said "Yes, I saw them both this morning at our house"—he said "Why did not you stop them? why did not you catch hold of them and give them in custody?"—he said "How could I old two men?"—Cohen said "Why did not you hold one of them?"—he said "I could not,"—another constable, named Dorset, was present and heard the conversation.

The prisoner received a excellent character.

GUILTY on the Counts for receiving only Five Years more in Penal Servitude.

NEW COURT.—Thursday, March 15th, 1877.

Before Mr. Common Serjeant.

5th March 1877
Reference Numbert18770305-320
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

Related Material

320. JOSEPH ORD (50), and SAMUEL WAITE MOORE (44), were again indicted, together with JAMES HOLMES (27) , for unlawfully conspiring with others to obtain divers goods from Mentor Augustus Chadwick, by false pretences. Other Counts—for conspiracy and fraud as to the obtaining of other goods from other persons.

MESSRS. BULWER, Q.C., with MESSRS. COWIE and DICEY conducted the Prosecution; MR. ATHERLEIGH JONES appeared for Ord, and MESSRS. FRITH and READ for Holmes.

JOHN O'CALLAGHAN (Police Inspector K). (The witness repeated his formes evidence as to the apprehension of Ord and Moore.) I found this batch of documents at Ord's—the one marked Fk is dated Forest Hill, and is addressed to Messrs. J. Ord and Co., and signed J. Holmes and Co., asking them to give a reference to Messrs. Pigou. (The others were Fl, a notice of proceedings in bankruptcy at the Greenwich County Court, instituted by Jam Holmes, of Shakespeare House, Forest Hill, ironmonger. Fm, a letter signed J Holmes to Moore. Fn, from Holmes to Ord, as to the meeting of creditors, fa to Moore, signed Berger Spence and Co. Hp, to Ord, from A.R. Welkam, and other memoranda forms of reference, one as the respectability of Richards, and one signed "Mack.") The answer as to Richards' reference is in Moore's writing; the man Jackson, who pleaded guilty, traded under the name of Richards—document Hp 14 is in Moore's writing—Hp 16 is a letter from Ransom, Brink, and Co., St. Paul's, Buildings, Paternoster Row, signed "Mack"—Ransom, Brink, and Co., occupied offices at St. Paul's Buildings, Paternoster Row, one of them was convicted at the Surrey Sessions last December, and sentenced to nineteen years' penal servitude, for fraud and larceny—Ho 1 is an invoice in Moore's writing, addressed to Holmes—Mack is a man named McDonald, who is connected with these men—the letter book of Ransom, Brink, and Co., is in the same handwriting as the letter signed Mack—the book contains references for Francis, of the Minories, Buxton, Abbott, and Co., and Batson and Co.—Parker and Batson composed the firm of Buxton, Abbott, and Co., they have been convicted—the documents Hoi is an invoice from Holmes to Ord, and this is a draft for 10l. 2s. 8d?., signed Dodge, and addressed to Holmes—Hr 3 to Hr 4,1 received from Mr. Greening, the trustee in Holmes' bankruptcy—Waller was present at the conversation I had with Ord and Moore.

Cross-examined by MR. FRITH. I did not take Holmes—he is an extremely violent excitable man—he was charged with threats, I believe; I don't know whether he surrendered, he appeared at the Court—I have been informed that he has been carrying on a business for about nine months'—I never went to Forest Hill—I heard that his father was a respectable tradesman.

Cross-examined by MR. JONES. I noticed about half a dozen barrels in Ord's shop—I took none of these letters from his person—Hp 5 refers to Bradford and Co.; that was among Ord's papers; I should say there are a score of similar letters, this appears to be an answer to an advertisement, it is signed "Fletcher"—I have kept the papers found at Ord's separate from Moore's—some of the papers addressed to Moore were found amongst Ords papers—I have never seen Ord write; I only know his writing by comparison with the entries in his day-book—name of the draft references are in

his writing—I take it some are in Moore's, and some in McDonald's—this letter purporting to come from a person named Mack, I believe to be in the writing of Ranson and Brink, in fact the same signature appears in each I am perfectly prepared to say that the letters signed Mack Thompson, and Mack are the same writing—this letter for Mangles is in an open envelope as if it had been taken from one envelope and put into another, it is addressed to Mr. Moore, not "Moore and Co.," but there is one addressed "Moore and Co."—I found many envelopes addressed to Moore—Ord said that Francis had dealt with him and was indebted to him 17l., and he believed him to be honest—I saw this ledger—there were entries to Francis and Co. Mr. Simmonds is agent to the Tea Consumers Association.

Cross-examined by the Prisoner Moore. I found Richard's letter among Ord's papers and also this envelope addressed to 27, Well Street.

Re-examined. I found among the papers HP 3, at Ord's, this letter signed "Henderson and Smith "addressed to Simmonds. (This stated: "I will give you a reference to your respectablity business capacity, if you consider Mm a worthy man to be associated with in partnership.") Among the papers at Ord's I also found this: "W. Simmonds, St. Paul's Buildings, Paternoster Row, E.C."—Parsons and Blake had an office there—I find in this book found at Ord's, an entry on May 25th: "Mr. R. Simmonds. 431, Old Kent Road; one keg of white lead, 1l. 10s. 6d."—these three top entries are Moore's, and the others I presume are Ord's—they are in the same writing as these documents signed "Ord"—these entries on the left are Moore's and these on the right are Ord's—all the papers I found at Moore's I kept together, without regard to whom they were addressed.

Cross-examined by MR. FRITH. Ord's place is more than 7 or 8 miles from Holmes'—I found no letters of Holmes giving Ransom and Co., as a reference.

THOMAS WALLER . I have heard O'Callaghan's evidence and confirm it.

Cross-examined by MR. JONES. When I went in the evening, Moore answered the door—he told me that Ord was out—I was not with O'Calaghan when Mrs. Ord came down, or when Ord came downstairs—O'Callaghan remained some distance away.

WILLIAM THOMAS HOLT (City Detective). On 13th January I took Holmes near the Wandsworth police-court—I told him the charge was conspiring with Francis and others—he said "I wont go unless you show me your warrant"—I said "I have no warrant, but you will go along with me to Bow Lane;" he said "You will have to take all your time"—I sent for a cab, and going along he said "That Mr. Greening, that b—fool is the cause of all my trouble"—afterwards he said, "If you don't let me go I will throw you out of the b-window"—I said, "I am too strong for you"—I had to hold him all the way till we got to the Bow Lane station; he had some papers in his hand and a letter in his pocket which he tore up—it was a threatening letter to Mr. Greening—this is the other. (This was signed "J. Holmes" but was not addressed to anybody; it stated that Mr. beetling had summonsed him for contempt of Court but that the case had been truck out, d-c.) I said in the cab "Do you know Ord, of Queen Elizabeth-street, Tooley Street?"—he said "I know Ord, he is a respectable man, I have bought white lead of him and several other things"—I asked him if he knew Moore—he said "Yes," and that he had Shakespeare House, Forest Hill—he said "I could not carry my business on any longer and Moore has taken it from me"—I asked him whether he knew Francis of the Minories—he said "No."

Cross-examined by MR. FRITH. He came voluntarily to me to Wardsworth police-court, he surrendered—I took him to Bow Lane for using threatening language to his trustee—I have made enquries and I believe Holmes has been in business for the last three years—I cannot say that he was set up in business by his father—I have seen his father; Holmes is a violent excitable man, he was violent when I put him in the cab and was inveterate against Greening.

WILLIAM BERRY GREENING . I am an accountant of 52, Victoria Street—I was appointed receiver in Holmes' liquidation, and on 19th November I went to Shakespeare House, Forest Hill, and found Holmes and Moore there—I showed my appointment, which was dated 17th, and claimed to take possession—Holmes said that what was on the premises did not belong to him, as he had sold everything to Moore, who was called forward, and produced an agreement purporting to sell the stock-in-trade—I told them I was not satisfied and should remain in possession, and that Moore must substantiate his claim—Holmes said I should not remain, I insisted, he threatened me with two knives; I stepped back to the front door, or I believe I should have been stabbed—I was turned out—I left a man to watch the premises, but I never went there after—there was a meeting on 2nd December of persons he owed money to, and he filed this list of creditors. (Among these' were Mr. Ord, of 9, Queen Elizabeth Street, and Mr. Wauthier, of 152, Upper Thames Street.) These documents produced were found at Shakespeare House by a man I left there. (These were a letter from Wauthier to Moore and Holmes, enclosing two letters, one of which was from Moore to Holmes, which stated: "We gave you a first-class reference.") This letter, Hr 23 is in in Holme's writing. (This stated: "You can apply to J. Ord and Co., whitelead and colour merchants, of (blank) and Mr. Wauthier, of 152, (blank) who will, no doubt, satisfy you as to our respectability, We bank at the London and Provincial Bank, Limited.") In the first statement the debts are about 850l.; in the second, they are, I think, 1,100l.—the assets I have realised on the stock-in-trade are 60l. and a few shillings, and the furniture 5l.

Cross-examined by MR. FRITH. The debtors appointed me receiver, and Mr. Ord and one of the creditors, I think Mr. Duncan, Holmes' solicitor, signed for the appointment, and this is a memorandum signed by creditors requesting that I should be appointed—a Mr. Baker introduced the business to me; I did not allow him a commission, he came to my office with Holmes and one of them asked me to accept it; Baker was showing Holmes how to file his petition—he did not say that Holmes had offered him 10l. to pass him through—Baker and I did nut appoint ourselves—I never saw or heard of a petition filed by Ord against Holmes, or a counter affidavit denying the statements made by Holmes, and I have constant access to the proceedings—Holmes riled a petition in liquidation which he had to sign, I never put my name on it—I have not got possession of all Holmes' books, papers, and invoices; I had some books, but they gave me no assistance—I did not find that he had bought goods for cash and paid cash for them; I have not had the opportunity of knowing—when he was questioned before the comissioners he said he had fallen into difficulties in consequence of his wife and children being ill—there is no ill-feeling between us, I never quarrelled with him—he said that he took 80l. fur his business from Moore, because Moore had offered to give him a larger price than other persons, and he handed to the chairman on request, two bills for 75l.—I found some small benzoline

lamps among the stock—the shop was fairly furnished—I did not go through the stock—I said at the Mansion House that the goods were worth 250l. I because they were scheduled at that, but they only realised 60l.—if I had returned the goods to the unpaid creditors they would not have paid more than half the amount he owed.

Cross-examined by MR. JONES. I did not notice Ord's name in the books, they did not relate to the present business.

Re-examined. The 1,100l. of liabilities were incurred between April and: November—I had only seen him once, and had never been at his place before, when he drove me out with these knives.

By THE JURY. The goods had been sold to Moore on the 14th, according to the stamped agreement, and I went on the 18th—Moore was eventually induced to retire from it—the amount in which Ord was indebted was 28l. 16s.

MOSES DAVIS . I am a glass merchant and lamp manufacturer, 27, Wellclose Square—I have only seen Moore once, that was at Cooper, Craig and Craig, the accountants, at Cheapside—I cannot fix the date—I had advertised for a commission traveller, and received this letter, Js, from Moore—it has no date. (This was signed J. Holmes, from 9, Queen Elizabeth Street, Tooley Street, and contained an order for ironmongery.) I asked him for instructions, and the reply was, Jt 2, a further order for stoves—I supplied articles to the value of 17l., and had Holmes' acceptance, which was not paid—I received a notice to attend a meeting of creditors on a Saturday in December—I also received this document, Ju, from Holmes, stating how the goods were to be forwarded—I believed that Holmes was carrying on a genuine business as an ordinary commission traveller who solicited orders and passed them over—it was not in consequence of that that we supplied the goods, but we made inquiries and found that he was in business.

Cross-examined by MR. FRITH. We took no references in that case—we parted with our goods on the faith of the inquiries we made of Stubbs, independent of Moore and Holmes—the acceptance was running at the time of the bankruptcy.

HENRY WILLIAM RIPPIN . I am a brush and broom manufacturer, of High Street, Stratford—I have known Moore since April, 1875—I know his writing—this Jb, dated June 12th, 1875, is his writing—we advertised for a traveller, and received this letter from Moore—I wrote to him, and he came to see me and gave me a reference in Birmingham and another in London, but I have forgotten who they were—I appointed him my traveller—he introduced about forty customers, only three of whom have paid about 6l.; I am a loser of between 90l. and 100l., besides 20l. commission which I paid him—he sent orders for 150l., but I found out they were bad and would not send them—amongst others he introduced J. C. Ford, 16, New King Street, Deptford; Shaw, 163, Great Dover Street, who was convicted last July; William Hayho, of Gun Alley, Bermondsey, and Charles Randall, of White Street, Borough, who is Randall's father.

Cross-examined by MR. JONES. I made inquiries about Ford—I went to 6 New King Street, Deptford, a woman came to the door and said he was not there—there was nothing in the shop; the window was whitened over I have never seen Ford—I am not aware that he is suffering penal servitude—I made no inquiries before sending the goods, except through Moore—I heard that my goods were in the hands of a Mr. Ballard—I went

to him and he said he had bought them of J. C. Ord—all the orders are in Moore's writing.

Cross-examined by the Prisoner Moore. I did not receive the letter by post, you brought them every Saturday—I called on a Mr. Reynolds for his account—he said he would pay me when I had completed the order—I did not take up a 41b. weight to throw at his head, nor was I summonsed on that account—I was summonsed and discharged on my own recognizance—I went to Hayho's and found in the window, "Pickle and sauce manufacturer"—he came to me next morning, and I said "You are another of the swindlers; if you don't get out of my place I will lock you up"—he said, "You will have a letter from my solicitor to-morrow," but I have not received it yet—he did not get my goods, because I found he was not carrying on a respectable trade—I called him a swindler and a thief—I saw you in Kingsland Road arm in arm with a gentleman—I did not go up and abuse you and cause a mob—I said "You have been the means of my losing all this money"—you said "Who are you speaking of?"—I said "Harris, Randall, Shaw, Ford, Burden, and twenty of them," and you attempted to pull off you coat and strike me—I have never seen you since except at the police-court.

THOMAS ROOTS (Detective Officer). I was engaged in some of these cases last summer when Shaw was sentenced to two years' hard labour—Randall was Shaw's son-in-law—Gardner is Bristow's son, who is now undergoing tea years' penal servitude—he is the founder of the long firm—I do not know Hayho, but I have heard of him as a swindler.

Cross-examined by MR. JONES. Ford is undergoing five years' penal servitude, but he was tried here in the name of Frank Hall—he assumed half a dozen different names—I am not aware that he lived at King's Road, Deptford—I have never heard that Ford of King's Road was the same man who was sentenced to five years' penal servitude—I don't know that he is not—Ford had so many aliases and addresses that he might have lived at Deptford.

WILLIAM BALLARD . I am an ironmonger of Bermondsey—I know Ord—I bought some brushes of him and saw him write this receipt for them (produced)—Mr. Rippen afterwards called on me—I told him how I obtained the brushes and let him have them—Ord lived at 16, New King Street, Deptford.

Cross-examined by MR. JONES. I have known Ord a long time, but have had no transactions with him—I have with his master who is an engineer and blacksmith very near to me—those were twelve years ago—I always found Ord to be a respectable and trustworthy man, but this was the first transaction I had with him—he left the brushes with his wife and came again the same day or next—I did not see him till after the purchase was completed—he then called for payment—he did not call after I returned the brushes—I took no steps to find him—I thought it was a bad job.

JOSEPH JACOBS . I am a boiler maker, of 13, New King Street, Deptford—Ord occupied premises at 15 or 16, opposite me—I think he came there the middle of 1875, and left in the summer of 1876—I do not know what business he carried on there, it was a shop—I have known him since he left there carrying on business at 9, Queen Elizabeth Street, Tooley Street—I only knew him as Ord—Moore has come to our works with Ord on one or two occasions—this document Jg was left at my premises last August. (This was from T. Holmes, agricultural instrument maker, of Shakespeare House

Forest Hill, ordering hot water cisterns and other articles.) I then went to Shakespeare House and told him I would make the tanks, naming the retail price—he did not agree—I afterwards sent him another price and got a letter from him—I afterwards supplied four cisterns value 8l. 19s. 5d., which has never been paid—I went to Shakespeare House and saw Holmes and Moore—Holmes promised to send me a cheque on the following Friday, but instead of that I got notice of his liquidation—I then went to Stubbs' office—Holmes wanted me to swear to a debt of 18l. 19s. 5d. instead of 8l. 9s. 5d.—I supplied Ord with a boiler value 45l. which I sent to 9, Queen Elizabeth Street, but have not been paid, as I have never presented my bill—it was arranged to give him credit till Christmas, and when Christmas came he was in custody.

Cross-examined by MR. READ. I found a shop at Forest Hill with Holmes' name on it—he was carrying on a legitimate business as far as I know—he did not say "I will not give you another order till I have paid you for the goods I have had," nor did I say so at the Mansion House—he said that he expected money, and would forward me a cheque on Friday—when he asked me to enter 18l. instead of 8l., he did not say "I have had these goods at wholesale prices, you will give me the benefit, put it down at 18l."—he said that I might as well have my money, as part of it—he did not say that I was not to go on with the other order.

Cross-examined by MR. JONES. Ord lived in the same street with me twelve months—I never went into his house—I do not know of a person named Ord occupying a portion of his premises—I sold the boiler on the strength of Ord's respectability, and for no other reason—I have never made out the bill for it.

EMMA BORTEL . I am a widow, and live at 17, Wells Street, Falcon Square—in July last Moore and Hayho took lodgings at my house together—they said they wanted it for brushes and pickles—they paid one week's rent, and went backwards and forwards, and then I saw no more of them—I saw no business carried on, but there were a good many letters addressed to Moore—the name "Moore" was written up on a piece of paper—Hayho gave me the key when they had been there a fortnight.

Cross-examined by the Prisoner Moore. You were in the room when Hayho gave me a half-crown deposit—you are the man I gave the letters to—I saw nothing on the premises.

GEORGE BARRETT . I am clerk to Mr. Barrett, of 103, High Holbern, who makes mangles and wringing presses—on 1st August I received a letter from Holmes, asking for a book of prices, which I forwarded, and on 10th August received an order for a mangling and wringing machine in one—he referred us to his father, who sent us a letter from Sutton, Surrey, and we sent the machine—a day or two afterwards we received an order for another mangle, and a day or two after that Holmes called to know why it had not been delivered—I said that he had not paid for the first—he then paid for it—on 24th August I received an order on a similar heading for a second mangle, and on 19th September for a wringer—after supplying them and some other articles I asked for a reference, and got this letter. (This was from J. Holmes and Co., orderring other articles, and referring to J. Ord and Co., white lead manufacturers, Queen Elizabeth Street, and to Mr. Moore, of Upper Thames Street.) We applied to them by our collector, who was satisfied, but we supplied no more goods—those we supplied came to 10l. 18s.—not 1d. has been paid.

Cross-examined by MR. READ. Holmes called and wrote a cheque at our place, which was duly honoured, and upon the faith of that I executed the second order—we were guided also by receiving a small amount from his father—this is his father's letter. (This was from J. S. Holmes, stating that his son was a very striving young man, and might be trusted with 45l. worth of goods.)

Cross-examined by MR. JONES. No goods were sent after that letter.

Cross-examined by the Prisoner Moore. Our collector called twice, but could not find you—he is not here.

FREDERICK GARNE . I am collector and traveller to Bradford and Co., of High Holborn—I made enquiries respecting Holmes and Co., of Shakespeare, House, Forest Hill—Moore, of 102, Thames Street, was one of the referees of whom I was to enquire, but I could not find him there—I went to, Mr. Ord, of 9, Elizabeth Street, Tooley Street, and asked him if Holmes was trustworthy for 20l.—he said that he had had dealings with him a long time, and considered him trustworthy, and had trusted him for 30l.—I repeated the result to my principals—I left this letter (Found at Ord's) when I first called, as he was out.

Cross-examined by MR. JONES, I saw no indications of anything like a shop at Ord's—it was merely a room with a table in it—I saw nothing to lead me to suppose that Ord was not respectable.

WILLIAM PARTRIDGE WALLAKER . I am housekeeper at 152, Upper Thames Street—on 1st July a man named Wauthier came and took one room in the basement—he represented himself as a manufacturer of fancy brushes—I gave him notice, and he left a few days after Christmas without paying the rent—I do not consider that any business was carried on there—it was a blind to deceive people, I consider—I could find, him somewhere at Peckham Rye—he referred to some one in the Hop Exchange; Buxton, Abbott, and Co., I believe, was the name, and to some one in the Minories—I cannot remember whether it was Jackson or Francis—when he had been there a week or ten days I found a piece of paper on the floor which gave me a suspicion, and I found out that he had been turned out of another place because he had not paid his rent—I have often seen Moore there.

EDWIN MENTOR CHADWICK . I lived at 32, Monkwell Street—Holmes called in September and ordered some carpets of me—I required references, and he sent the letter referring us to Ord and Co., of Tooley Street, and Skinner and Co., of London Bridge—we applied to Ord and Co., and received this reply. (This stated that Holmes and Go. were straightforward and satisfactory.) In consequence of that I supplied Holmes with carpets value 22l. 18s. 7d., but have never been paid a farthing.

Cross-examined by MR. READ. Mine is a wholesale business—I do not send out puffs, saying that I sell at co-operative prices—my name is in certain books, and the co-operative stores send customers to me—the account was never disputed—Holmes never told me that he could not pay—I said that I heard certain reports, and he said they were perfertly unfounded, without my telling him what the reports were—I said that if he was unable to pay, the quickest way was to square matters by allowing me to have goods to the extent of 22l. as a set off against my bill—I did not want a reduction from the cost price of the goods—he told me he was unable to trade with me as he had just sold the business, and I should have to trade with the gentleman who had purchased it—he denied being insolvent.

DAVID CLARK . I am a sadler, of Walsall—in April last I received this letter. (This was signed S. W. Moore, inquiring whether Mr. Clark had an opening for a traveller having a good connection, and able to introduce customers.) I afterwards received another letter from him, giving as reference J. Ord and Co., of 9, Queen Elizabeth Street, and W. Hayho and Co., of 156. Gun Alley, Bermondsey—I wrote to Ord, but I appointed Moore as my traveller on the faith of having done business with him twenty-four years ago, when he told me he was cashier to Messrs. Raybone, of Birmingham—he introduced me to Holmes, who I supplied with goods, amounting to 10l. 15s., but never got the money—I also received an order from Ord, but did not supply it.

Cross-examined by MR. FRITH. I had not seen Moore for twenty years—when he mentioned Holmes, I wrote to Mr. Hepworth's society, and it was in consequence of what they said that I sent the goods—he said that be would send me a cheque in fourteen days, and he became bankrupt in the mean time.

Cross-examined by MR. JONES. I did not go to Ord, I wrote to him—I received the order from him through Moore; but did not execute it, because I had not a satisfactory reference.

Cross-examined by the prisoner Moore. I applied through the Trade Protection Society respecting Holmes, and found it satisfactory or I should not Have sent the goods—Holmes' shop was a business-looking place—we met at Forest Hill and talked the matter over, but you tried to avoid me at first, and I followed you.

JOHN O'CALLAGHAN . (Re-examined). The letter AB is in Moore's writing, and the signature is the same as the writing in Ord's day-book—I believe the signature is the same as that produced by Ballard, and signed Ord.

This being the case for the prosecution, Mr. Bulwer stated that he could only, proceed upon the Counts for conspiracy.

Witness for Holmes.

JOHN LONGMORE HOLMES . I am an ironmonger, at Lambeth, and also at Sutton—I began business at Lambeth in 1841—Holmes is my son; I set him up in business about three years ago, with 500l.—I have seen him at Forest Hill on several occasions, he had a very nice stock; I purchased the premises there—I was always willing to let him have 10l., 20l., or 30l., he only had to ask me—his business appeared to be conducted in a genuine manner, and I thought he was getting on very nicely—he was my shopman at Sutton for three years, and the business increased very much—he is excitable and violent—he had at one time a severe illness, which affected his head, and he is so excitable at times that it is quite grievous to see him—he is only 27—I have sold many wringers at Sutton—Skinner and Co., are respectable ironmongers.

Cross-examined by MR. BULWER. I have been asked for all manner of things at Sutton, and at the East End, where we do a large shipping business, I have even been asked for a loaf of bread—I did not know of the existence of Moore, or Ord, or Hayho or Gautier.

Moore in his defence stated that on 22nd September, about 5.45 he went to Ord's warehouse, and asked his wife if he was in, that she said "No," and asked him (Moore) to mind the warehouse while she went out, which he did, and that while she was out O'Callaghan came and asked if Ord was within, and believing him to be out, he replied "No," and O'Callaghan left, but soon

returned and asked if he was a partner, that he said "No," and that while he was speaking Ord came downstairs, and that 0' Callaghan took him. (Moore) in custody without a warrant, but that he had never conspired with anybody to defraud anybody; that he was agent to Mr. Clark, who was in the brush trade, and called on Holmes, who was a stranger to him, for orders, who before executing them applied to the Trade Protection Society and found everything satisfactory, that Holmes being ordered by a doctor to remove his wife and family, advertised has business for sale, which he (Moore) purchased, paying 5l. down and giving two acceptances, and that he afterwards offered to give up the stock and fixtures upon the return of the acceptances, and they were handed over to the receiver, that Jackson's order was not executed upon his (Moore) authority, but it was taken personally from Ord; that he did not know Ford personally, and Mr. Rippin ought to have made more strict enquiries about him, that he used to assist Ord of an evening in grinding white lead and paint, but had no interest in his business, and had never given a reference to any one since he had been in London.

GUILTY of conspiracy and fraud Five Years' each in Penal Servitude.

NEW COURT.—Wednesday and Friday, March 14th and 16th, 1877.

Before Mr. Common Serjeant.

5th March 1877
Reference Numbert18770305-321
VerdictGuilty > pleaded guilty; Guilty > unknown; Guilty > unknown
SentenceImprisonment > penal servitude; Imprisonment; No Punishment > sentence respited

Related Material

321. The said RICHARD JACKSON, JOSEPH ORD, JAMES PARKER , and EDWARD BATSON were again indicted (See page 585) with SAMUEL WAITE MOORE (44), ROBERT ALFRED WELHAM (41), BEAUCHAMP ST. JOHN MOOTHAM (32), THOMAS BRANDON TERRY (61), and GEORGE W. M. LAW (37) , for unlawfully conspiring with John F. Prendergast and others to obtain 64 tons of coal with intent to defraud. Other Counts—for obtaining the same by false pretences. Thirty-eight other Counts—for obtaining other articles by conspiracy and fraud; to which JACKSON PLEADED GUILTY .

MR. BULWER, Q.C., with MESSRS. COWIE and DICEY conducted the Prosecution; MR. COOPER-WYLD appeared for Parker; MR. ATHERLEIGH JONES for Ord; MR. POCOCK for Batson; MR. PURCELL for Welham; and MR. GOODMAN for Mootham.

JOHN O'CALLAGHAN (Police Inspector K). This witness in his examination in chief detailed the circumstances with regard to the apprehension of Jackson, Ord, Parker, Batson, Moore, and Mootham fully as given in his former evident (See page 585).

Cross-examined by MR. JONES. It was immediately after seeing Moore and the woman together, on my third call, that I saw Ord—the reference to Welham I got from Mr. Ledger—I have never seen Ord write—I did not notice any name on the premises—I am aware that a Mr. Clift, a respectable sadler, in Birmingham, gave a reference for Francis and Co.—it was the habit of Francis and Co. to pay a certain sum on account of goods ordered—that was the mode of operation, to acquire confidence; that was why Mr. Clift gave the reference, he afterwards withdrew it—Ord told me that he had had business transactions with Francis and Co. for some time past as evidenced by his books, and that they were then indebted to him—I found these papers in the office, some on files and some lying about—I did not find any on Ord's person that I remember—there are none in Ord's handwriting except the references—he made no objection to the inspection of his books—there were some barrels in the shop—I don't know what they contained.

Cross-examined by MR. WYLD. When I showed Parker the paper marked Br, he said "I wrote that as the clerk of Buxton, Abbott, and Co."—he said that as he went to the station, not in his house—I only found hats there, not coal; the name of "Parker and Sons, hatters," was over the door—there was a case of whiskey that had not been paid for.

Cross-examined by MR. POCOCK. I found four documents on Batson relating to his connection with Hudson, they are from a firm of accountants, as to a meeting of creditors, and a statement of Hudson's affairs—there was also a blank acceptance of Hudson and Co.—I have not found anything that I believe to be in Batson's handwriting, but I don't know his writing—he gave his address, Argyll Street; I went there and found he lived there occasionally—these letters were addressed there—he either said he knew nothing of Mellor, Green, and Co., or had no connection with them—he did not mention Jackson's name—Butters described Batson before he went to Bow Lane, and when he saw him he identified him as Green—Prendergast was not the man I thought was Mills, Mills was discharged—I have not got here to-day the pieces of blue paper found on Batson; I produced them the first day, there was some writing on them, I could not see what it was—I don't think there was a fire in the grate—I found 16s. on Batson.

Cross-examined by the Prisoner Moore. I never saw you write—all I say is, it is the same writing as that which was found on you—when I asked you if it was your writing you said no.

Cross-examined by MR. PURCELL. I found this printed prospectus at Water Lane—it has on it the name of Henry Edward Welham—Welham's name appears in this day-book that I found at Ord's, it contains entries of white lead bought of Welham, on 15th and 19th April, 1876, and also on 19th June—the Magistrate offered to take bail for Welham.

Cross-examined by MR. GOODMAN. Mootham told me he had acted as—clerk to Jackson for a fortnight, and before that he had known him some time—I apprehended him on the 15th—he gave his correct name and address, he said he had called in to see Jackson as a friend, I understood—I will not swear that he used the word friend; what I understood was that he had not called on business—this book, containing entries of Mellor, Green, and Co., was under what appeared to be a desk—it was quite possible or a person to be in the office and not see it; I did not see it till my attention was called to it—I think the writing in it is Jackson's—I have not seen Mootham write—he said he knew nothing about the book—jackson said it belonged to a friend, and he wanted Mootham to take it to him—Moothan said he bad nothing in the office belonging to him except a shirt—I arrested him without a warrant, I told him it was on a charge of conspiracy—I only found 2d. on him—on Jackson I found 8l.—the address Tower Street on one of the cards found on Mootham was written by me—he told me that he had carried on business there some time before as Mootham and Co.—the signature "John Mootham," on the paper Dn, I do not think is his—I found a sampling card on him granted by the Broker's association—I have not produced it, I did not think it material—I have not made any inquiries that will enable me to say that he has been employed several respectable firms in legitimate business—I have no previous knowledge of anything against him—I searched his lodgings and found a few cards of Law Brothers—he has been in prison three months.

Cross-examined by the prisoner Law. The three cards I found on Mootham

Were business cards of "Law Brothers, 110, Cannon Street, and Acorn Wharf Old Kent Road."

Re-examined. There was a letter found on Mootham from Law or Portsmouth—it was produced by Mr. Wontner, and is among the papers.

WILLIAM WALLER (Detective Officer K). In the beginning of December I went with O'Callaghan to Catherine Street, Lisson Grove—I had been there the night previous and seen Parker go into the side entrance of his shop—I waited till he came out with a hat-box in his hand—he went into a public-house, and I left him there—next morning I was there again, watching—he came to the corner of Catherine Street, looked towards where O'Callaghan was standing, came away again, went to the other corner, looked again, and came away again—I then spoke to him, and said "Mr. Parker, I believe?"—he said "No, that is not my name, "&c. Repeating his former evidence.) On 16th December, I went to 2, Jackson Road, Hot loway, and apprehended a person named Mills, who was carrying on business there in the name of J. Prendergast and Co—he was discharged by the Magistrate—I apprehended Parker on 6th December, and Ord on the 22nd—on 12th January I apprehended Terry at Ashford, in Kent; he was in custody of the police there—I told him he would be taken in custody on a charge of conspiring with Jackson and others in custody for obtaining goods by false pretences—he said "Very well"—I said "You trade as Darleston and Sons, 159, Fenchurch Street"—he said he was clerk to them, and that he was waiting for money to come from them—those keys were given to me by the superintendent of police in Terry's presence, who said they were found on him—Terry said they were the keys of the offices in Fenchurch Street—I found these two pawn tickets—Terry said that Darleston's name was Sullivan, and his father was a very respectable man—he said that previous to being clerk to Darleston he was clerk to Hudson,' of Five Bells Wharf, what Hudson was then living with a man named Jacobs, at 435, Mile End Road—attempts have been since made to find Hudson, and there is a warrant for his apprehension—about 27th December I went to 57, Camberwell New Road, and there saw Welharn—I told him I was a detective, and had a warrant for his apprehension for conspiring with Ord and Co., and Francis and Co., for obtaining goods from Mr. Ledger—he said "Ord introduced me to Francis at the Minories; I took the order and gave it to Mr. Ledger, but I did not know the goods were supplied until I saw it in the paper on Sunday"—he said he was then in the coal line—I took him to Bow Lane station, where he was charged—I found these documents upon him. (These were marked Hn 1, to Hn 6, and were orders and memoranda relating to various firms, applications for payment of accounts, and a writ in an action of "Broom v. Welham" on a bill of exchange for 33l. 2s. 4d.)

Cross-examined by MR. PURCELL. I arrested Welham at a newspaper shop where the name of Dingley was over the door; it appeared to be a respectable business at Welham's address, in Brixton Road, the account given was that he was taking charge of the house; they said there that he was at this place at Camberwell—I have heard that he lived in Lorimore Road before he lived at Brixton—I will swear that the documents in which Terry's name appears were found on Welham—he told me that his son lived in Parliament Street; I don't know to the contrary—Welham has been out on bail.

Cross-examined by the Prisoner Terry. I found you in custody at Ashford—you had already been made acquainted with the charge and had been searched—the information you gave me was voluntary.

WILLIAM THOMAS HOLT (City Detective). I accompanied O'Callaghan to Jackson's premises in Water Lane on 15th December—the account he has given is correct—I brought Law up yesterday from South Shields—he was searched by Inspector Pattison, who handed me these memoranda—two of them are cards of "Law Brothers, Coal Merchants and Factors, Acorn. Wharf, Canal Bridge, Old Kent Road"—the third is a paper with the names of Jackson, Wood, Thompson and Law, and the other is a receipt of Law for 40l. dated 15th November, 1876.—I read the warrant to Law—he said "I don't know Francis"—I said "You know Jackson?"—he said "I do, I have had two transactions with him; I had a barge load of coal for sale. Jackson paid me 10l. on account, and as 1 could not supply him with the coal I then returned the 10l. back; I believe him to be an honest man"—he also said "I knew Mootham; he used to fetch my letters from 110, Cannon Street, and forward those letters on to Portsmouth, he was not allowed to open them"—I told him that he was in custody—he said "I am very sorry for he is a nice young man and well connected"—I spoke about the names of the others who were in custody, but he said he knew none of the others only Jackson and Mootham—I found on him this letter addressed Mr. G. W. Law, 594, Old Kent Road—that is a wharf, I believe, not a private house.

Cross-examined by the Prisoner Law. The inspector at South Shields telegraphed to me and you were detained till I arrived—you did not say that Jackson had sold the barge load of coals to you and that he had returned you the 10l. that you had paid on account—I asked you what did he return it in, and you said in gold—it was you who returned the 10l.—what I have sworn is correct.

JOHN O'CALLAGHAN . (Re-examined). This is the letter I found on Mootham. (This was dated 2nd November, 1876, signed G. W. Law and addressed: "Dear Mootham" requesting him to send some samples of tea to him at 56, Union Street, Portsea.)

JOHN ANTHONY repeated his former evidence (See page 598.)

FREDERICK NEVILLE REID . I am clerk to Mr. Wenborn, of 16, Water Lane, accountant—I let the premises to the prisoner Jackson—he referred to Hudson and Co. Five Bells Wharf, Bow.

Cross-examined. He paid the rent—he took the premises as Jackson and Co.

ARTHUR BUTTERS repeated his former evidence. (See page 597.)

Cross-examined by MR. POCOCK. I first saw Batson a fortnight or three weeks after the office was taken—Jackson fetched the letters before that—he did not tell me that his name was Mellor, nor did Batson tell me his name was Green, but by his coming there I thought he was Green—Jackson instructed me to give the letters up to Batson—I remember giving Batson a telegram addressed to Mellor, Green and Co.—he came back in two or three days and returned the letters, and said that as Mr. Mellor was out of town it caused the delay of the telegram—the telegram had been opened—Batson said that he had no authority to open letters of Mellor, Green and Co.,—I pointed out Batson at Bow Lane station as the man I thought was Green.

Re-examined. The telegram was not addressed to Mellor, Green, and. Co. but to Mr. Miller or Meller who had offices in the same buildings—I cannot swear how the name was spelt—it was with reference to that that Batson said that he had no authority to open it, not with reference to the letters

of Mellor, Green and Co.—the name on the telegram might have been spelt with an "o"' instead of an "e"—I saw nobody representing the business except Jackson and Batson.

Cross-examined by MR. GOODMAN. I never saw Mootham there. Charles Kimpton. I am housekeeper at 159, Fenchurch Street—on 11th September three persons representing themselves as Darleston and Sons took offices there—they were Terry, Darleston, and Hudson—I have seen Terry in the office—he opened a letter addressed to Mr. Brandon; and he had letters addressed to Mr. Brandon Terry, which he opened also—they all left suddenly on 18th December without giving any notice or paying the rent or paying me, and I have never seen them since—letters have come for Darleston since that and I handed them to Inspector O'Callaghan—they left all their furniture there—the keys which have been spoken of opened their office.

Cross-examined by Terry. I imagine that you were only their clerk—I never saw you open any of their letters—it was a respectably furnished office, perhaps there was enough furniture to cover the rent; I know I was not paid; I know that when my bill was brought you said that you would try and get it from Darleston.

HAYDON VIVIAN . I am a member of the firm of Vivian and Co., accountants, of Bishopsgate Street—I had to make out the accounts of Henry Hudson, of Five Bells Wharf, Bow, which were in liquidation; his liabilities were 2,200l. and his assets 126l.—there were some entries in his books which I considered ought not to have been there—I do not think I sent for Terry, I think he came to me voluntarily—he said "I can tell you how the books were made up; I was clerk to Hudson, and my writing is in the books, if you will pay me I will give you information"—he did not say how much he wanted—I did not pay him—we wrote to him once or twice, but bad no reply, and I saw him no more.

Cross-examined by MR. POCOCK. Mr. Foreman was the receiver—Batson appears as a creditor to Hudson for 30l.

THOMAS ANDERSON . I am hall porter at 110, Canon Street—some people who called themselves Law Brothers had room No. 5 in the basement—I cannot say who the firm consisted of, as there were so many people, but that is Mr. Law himself. (The prisoner)—no goods used to come in—Law was sometimes there two or three times a week, and sometimes once a week—letters came there for Law Brothers—I used to take all letters by the morning post and put them into the letter-box; I never used to open his door, the letters were there if he chose to take them—when he was away Mootham came for the letters; I refused to give him the key and he said "I am Laws clerk"—I then gave him the key and he let himself in—he locked the place up again and gave me the key—I have seen Mootham and Law together many times.

Cross-examined by MR. POCOCK. I can't tell how long the firm was there, because I only went there on 3rd October.

Cross-examined by MR. GOODMAN, I cannot say whether the agreement was made out in Law's name, that was before I went there—I saw Law frequently—I used to see Mootham regularly every day, but I will not swear that I saw him before November.

Cross-examined by the Prisoner Law. I do not know the amount of the rent—Mr. Cole is the secretary—Mootham came about 9.30 or 10 o'clock, and I gave him the key—he was in and out all day—I do not think be used to sit

at a table and write, but he told me he was Mr. Law's clerk—I never went into the office.

WILLIAM TAYLOR . I am managing director of the North Wingfield Colliery—about February, 1876, I received an application from a person calling himself J. Richards—I forwarded him a price list, and received from him an order for 26 tons 16 cwt. of coal, value 20l. 18s. 5d., which I forwarded to 24, Martin's Lane, Cannon Street, on 28th February, 1876—they were not paid for, and on 14th March we received a further order for six wagons of coal, from Richards, which we did not deliver, and I believe we asked for cash and a reference—we then received from Richards, on one of the same headings as the orders, a letter, giving Oates, of 17, Devonshire Square, as a reference—I applied to Oates, but he was not to be seen, and we did not supply the order—I went to 24, Martin's Lane, for payment, and found the office empty—I believed from the documents received that Richards was carrying on a bond-fide legitimate business—early last May we received this application from Buxton, Abbott, and Co., 82, New Hop Exchange, it is on an elaborate printed heading, and requests a quotation of the price of coal—we wrote for a reference, and received the name of George E. Kemm and Co, of London Bridge—I called there, but he was not in—I went once to Buxton, Abbott, and Co.'s, and saw Gardner, who was convicted here two or three days days ago—we supplied them with 64 tons 15 cwt. of coal, value 56l. 11s. 2d. but have never been paid. (Inspector O'Callaghan here stated that these orders were in Parker's writing.) I went to Hudson's place for an account two or three times and saw a person who I believe to be Terry, but I will not swear it—I said to him "This is a long firm swindle, and I shall take proceedings against you"—I do not recollect that he spoke, but Hudson said "I have nothing to do with it, but I buy to sell, and pay a proper price for it," and he said "Take notice of what Mr. Taylor says, it is libellous"—I made that complaint to Hudson, because I had found out that he was dealing with coal which I had supplied to Richards and others.

Terry Q. I think I remember seeing you there once, you saw me at the book's? A. Yes on that occasion I received a cheque from Hudson for 5l.

HENRY BIDDIES and CHARLES LETHBRIDGE repeated their former evidence. (Stepages 597 and 598.)

MR. HILL. I live at Slough, and am book-keeper to the Ruhabon and North Wales Colliery Company—our collieries are at Chirk, North Wales—in September we received a letter from Mellor, Green, and Co.; we replied and received this letter. (This was dated September 29th, from Mellor, Green, and Co., ordering six trucks of Wigan coal, and referring to Darleston and Son and Law Brothers.) I wrote to Darleston and Son, and received this reply (This stated that the firm of Mellor, Green, and Co. were trustworthy and highly respectable.) I also wrote to-Law Brothers and received this reply. (This stated that they had had several transactions with J. B. Mellor, Green, and Co., and had no objection to trust them.) We then supplied Mellor, Green, and Co. with 143 tons of coal, value 147l. 14s. 10d., but have not been paid anything—we wrote for the money, and shortly afterwards heard of these proceedings.

Cross-examined by MR. GOODMAN. There were five consignments, the first on October 13th, and the last on November 15th, some were sent to Maiden Lane, some to Chelsea Basin, and a portion to King's Cross, but none to Water, Lane.

Cross-examined by the Prisoner Law. We supplied the coal in conesquence of the reference.

THOMAS COLLY BLAGG . I am agent to the Walsborough Iron Company near Barnsley, and to the Rockley Colliery Company—Thomas Alfred Mann, is the sole proprietor—we received this letter. (This was dated, November 19th, 1874, from H. Hudson and Co., Five Bells Wharf, Bow enquiring whether they could supply house coal of first and second quality 500 tons of each sort.) We asked for references and they gave us the name of Thomas Brandon Terry, 47, Turner's Road, Limehouse—we applied to Terry and received this answer. (This was dated January 21st 1875, stating that Hudson and Co., were highly respectable and would no doubt Keep their engagements as they had always done, signed T. B. Terry) We then supplied coal to the value of 109l. 16s. 4d.—the carriage alone came to 30l. 30l. 9d.—we have been done out of 70l. 5s. 6d.—we sent the coal believing Hudson and Co. to be bond-fide dealers in coal, and in consequence of the reference.

Cross-examined by the Prisoner Terry. We received five or six cheques, amounting to nearly 40l.—we have not proved under the bankruptcy.

JAMES HOGGATT HILL . I am agent to the Pooley Hall Company—we had an application from Darleston and Sons, for a supply of coal—they referred us to J. B. Mellor and Co., of Gracechurch Buildings, to whom we wrote and received this letter. (This stated that Darleston and Sons, were highly respectable, and trustworthy to any reasonable amount.) Relying on that answer we supplied coal to the amount of 43l. 13s. 2d., and not receiving payment, I came to London, to Darleston and Co., and called on 19th October, and saw Terry, who said that Mr. Darleston was not in, but would be by-and-bye—I called again and Terry introduced me to a short young man as Mr. Darleston, junr., to whom, in Terry's presence, I explained the object of my visit, but I did not apply for the money because it was not due—he urged me to send on the remainder of the coal as quickly as possible—I don't think Terry took any part in the conversation, he merely referred to some papers—we did not send the rest of the coal—we have not received any money—I came up again on 3rd November, and found Darleston's office locked up—I called about four times during the day, but found nobody—in the evening, I was going along Fenchurch Street, and saw in a four wheeled vehicle the young man I had seen—I went after him and told him my object in coming up—he said that he had only just returned from Paris, and had not seen any letter or account, but promised that it should be attended to next day, but it never has. (Sergeant O'Callaghan stated the reference was in Jackson's writing).

Cross-examined by the Prisoner Terry. I do not think you explained who you were.

RICHARD OLIVER I live at Northampton, and carry on business with another person as coal factors—I received a letter dated 16th, September, 1876, from W. Darleston and Son—I replied on the 18th, asking for a reference, and received this letter, dated 25th September, referring to J.B. Mellor, Green and Co., on a printed heading of Darleston and Co.—we wrote to J. B. Mellor, Green and Co., and received this letter from them. (This was dated September 29th, stating that Darleston and Co. were highly respectable and safe for the amount named.) We had named 250l.—we then sent 30 tons of coal, value 33l. 8s., but have never received payment—I came to town and saw Terry, at 139, Fenchurch Street, who said "Mr.

Darleston is in the country, and I expect he will call at your office before be returns."

CHARLES HEATH . I am a member of the firm of Hill and Heath, of Cheapside—on 16th September I received this letter from Darleston and Son—I answered it and asked for a reference, and" received this letter referring to ft. Jackson, Esq., merchant, 16, Water Lane—I wrote to Jack-son and received this answer. (This was dated 22nd September, and stated: "In reference to your inquiry respecting Darleston and Son, I can safely recommend them as trustworthy to any amount.") In consequence of that I supplied them with goods to the amount of 13l., supposing them to be carrying on a bond fide business—I was not paid, and I went to Darleston's office and saw Terry—I told him I had called for a cheque for Hill and Heath for 13l.—he said "I am a clerk here, I will speak to Mr. Darleston when he comes in"—I did not call again.

Cross-examined by like Prisoner Terry. I saw Mr. Darleston before the goods were supplied—our traveller called regularly once a month.

By THE COURT. I saw Darleston and solicited an order—that was before I got the answer from the referee, but after the order was given—we supplied no goods before we received that reference.

WIILIAM PICKARD . I am manager to Benjamin Newham, manufacturing chemist, of Sheffield—I received this letter from A. Jackson and Co.—the date is torn off but I think it was 18th November—it is an inquiry about an agency—I answered it, asking for a reference—I received a letter dated 20th November, giving as references Darleston and Son, 159, Fenchurch Street, and Law Brothers, 110, Cannon Street—I received this answer from Drieston and Son. (This stated: "The firm you name are highly respectable and trustworthy.") I wrote to Law Brothers and received this answer. "We have known Messrs. Jackson and Co. some time, and believe them to be respectable; we should have no objection to trust them to the extent of 70l. or 80l. Law Brothers.") I made further inquiries which were not satisfactory and did not give him the agency.—Adjourned.

Owing to the absence of a Juryman on Thursday the 15th, the case was again adjourned to Friday the 16th.

Friday, March 16th, 1877.

JOHN ARTHUR CROWTHER repeated his former evidence. (See page 608.) Henry Ledger. I am sole agent for extract of meat, and the manufacturer of a disinfectant fluid, at 63, Land Street—in October last Welham applied to me for an agency, giving as references Messrs. Ord and Co., and Mr. Payne—I applied to Ord and Co. and received an answer with a printed heading, "Messrs. Ord and Co., White Lead and Colour Works, 9, Queen Elizabeth Street, Tooley Street." (This stated that, they had known A.R. Welham for some time, and had done business with him to the amount of 30l. or 50l. a month, and had always found him prompt in his payments.) upon the faith of that 1 engaged Welham as traveller—he then gave me border for himself amounting to about 28l., which I did not supply; then came an order from Messrs. Christian, with a reference to Ord and Co., and I sent to 110, Cannon Street, and supplied them with goods to the amount of about 40l.—then Welham introduced Jackson and Co., of 16; water Lane, who ordered about 25l. worth of goods but gave no reference, and we did not supply them—the next order was one from O'Neil, of 26, cross Street, Hatton Garden, to whom we supplied goods to the value of 13s., for which we were never paid—my clerk brought back a message that

O'Neil was in Holloway Prison—we also had an application through Welham from Francis and Co., of (Joule Square, Minories, fur about 30l. worth of extract of meat, which was not supplied—we supplied a Mr. Prendergast with goods and he still owes part of his account—he traded as representing the Universal Sauce Company—we made enquiries through the Trade Protection Society in all cases, that is why we did not supply the goods.

Cross-examined by MR. PURCELL. Welham said he was a traveller and coal merchant—I do not recollect a conversation with him about the coincidence of Law Brothers being given as a reference in two cases—I did not use the words: "It does not much matter, I do not go by references, I have other means of inquiry"—I told Welham I should make inquiry; ho did not say he called on O'Neil casually in his rounds—O'Niel's was a nice looking shop and as it was a small amount we supplied the goods.

JANE JORDAN . I am the wife of Herbert Jordan, 47, Turner's Road, Limehouse—Terry came to lodge at our house in 1873 and left about the 26th May, 1875 and owed us 10l. for which we issued a writ; he called himself an agent in the coal trade—he wished to put his name up but I objected—I have seen a Mr. Hudson who lived at Five Bells Wharf and a Mr. Batson—both used to come to see Terry—Terry said Batson was manager of some coal firm and he was in some way under him—Batson treated Terry friend; when Terry was ill Batson used to come and supply his wants and help him—a Mr. Barsfield of 6, Dowgate Hill came to see Terry—the document marked Mw is in Terry's writing—I have seen him write. (This was an order for coals addressed to the Rockley Colliery Company and singed "T. P. Terry.")

Cross-examined by MR. POCOCK. I often saw Batson—he came mostly during Terry's illness.

Cross-examined by the Prisoner Terry. I never saw Batson before your accident—he took you to the hospital, I did not know you represented a large firm—you had many orders but not large ones.

FREDERICK MARTIN . I live at 169, Holloway Road—I formerly carried on business at 19 and 20, Walbrook, as an accountant—Mootham called on me in September last and asked me to give him an order for some tea; I had previously known him in a situation, but he said he was then on his own account, selling goods on commision and had the use of offices at Law Brothers, 110, Cannon Street—I gave an order for one chest which would come to about 2l. 16s.—he brought mo the invoice produced, it saw: "Bought of Silance and Co., 20 lbs. tea at 2s., 21. Us."—I paid him the money and he again called with the invoice receipted: "Received cash 21. 145. pp Silance and Co., B. J. Mootham"—he said it would be home soon as 1 was—I never had the tea; I afterwards received a letter stating I should not get the tea before Friday as the duty was not cleared—on the 8th October I received a letter from Law Brothers saying they had unfortunately had a big loss, but would be receiving money on Thursday and would see to the matter at once—I afterwards went to Messrs. Silance and Co.—I also threatened to takeout a warrant against Mootham—he said "Pooh, the Lord Mayor can't do anything, I am not afraid, Mr. Wontner is my cousin"—and then he referred to some one high in the profession.

Cross-examined by MR. GOODMAN. I don't know whether nonsense was tallied—he said "1 won't serve you like Tom Newill did"—I applied for a warrant, which was refused, because Mr. Silance did not appear—Mootham was previously in the employ of Messrs. Frost and Co.

GEORGE SILANCE . I am a tea dealer at 14, Fenchurch Street—Mootham came to me and wanted to purchase some tea—he came again, and said he had an order from Mr. Martin for some, and asked if I would let him have samples—I told him my terms were cash before delivery—I afterwards found a card, saying "J. B. Mootham will call again at 4.30, from Law Bros., merchants and factors, 110, Cannon Street, and Old Kent Road"—I afterwards received this letter, Gy, signed Mootham, stating that he should not receive the account till Tuesday, and trusting we should have Mr. Martin's tea ready; it also states; "I am not employed by Law Bros., and only come here by their kind consent"—that is written on the paper with Law Brothers' stamp—I supplied Mootham with the tea—he receipted the invoice without my authority.

Cross-examined by MR. GOODMAN. That is the only transaction I had with Mootham—I only knew him by meeting him casually before that—he asked me once to buy some coffee; I told him I did not deal in coffees—he would have got a commission out of the tea—he asked me to go to Mr. Martin to get the cash—he did not get the receipt from my office—I did not expect Mr. Martin to call and pay me.

JANE SALISBURY . I am the wife of Henry Salisbury, who keeps the Royal Oak public-house in Layton, Essex—my husband formerly kept a house in Burdett Road, Limehouse—I have seen Terry occasionally for some years—I have seen Hudson in Terry's company—I also know Darleston—Terry told me Hudson and Darleston were coal merchants, and he was their clerk—Terry and Hudson were at our house together for half an hour at a time, about a week before Christmas—that was on the Sunday evening—Terry left on the Monday, called again on the Tuesday afternoon, and I have not seen him since—we got our coals through Terry—I have seen the invoice Ma; it is a receipt for 7l. 17s. 6d., for 7 tons 7 cwt. of coal, dated 26th October, 1876, and signed "For Darleston and Son. J. B. Terry"—I received an order, signed Darleston and Sons, to pay Terry that amount, and I paid him—I have received one letter from Terry since he left—I gave it to O'Callaghan—one letter came to our house to a Mr. Sullivan, care of Terry, which we opened, as the inspector told us.

Cross-examined by the Prisoner Terry. I gave you many orders, sometimes as many as 15 tons—I always paid you—I knew it was not for yourself.

HENRY WILLIAM RIPPIN . I know Moore's handwriting—the documents produced are in his handwriting.

Cross-examined by MR. GOODMAN. Queen Elizabeth Street is ten minute walk from the Borough.

JAMES HUTCHINSON BORMAN . I reside at Moseley Road, Birmingham, and am agent for the Can nock and Wimblebury Coal Company—on the 19th October I received an order from persons calling themselves Darleston and sons, giving us as reference Messrs J. B. Mellor, Green, and Co., Grace-Aurch Street Buildings, E.C., to whom we applied, and in reply were told hey were respectable, trustworthy people, and could be safely trusted to he amount named—the letters Mf add Mg are the replies we received—amount named was 250l.—we supplied coal to the amount of 12s. 10d—I came to London in November, and called on Darleston Son at 159, Fenchurch Street, and saw Terry, and asked for money—said they had sent a cheque on to Birmingham, which was the fact, and us another order to the amount of 226l. 11s. 3d.—I subsequently received Mj, asking us to send order to T. P. Terry, Esq., Layton, Essex—

the order was supplied—I afterwards came to London and saw Terry—we were never paid beyond the 35l. cheque.

WALTER JOHN WESTON I am a clerk in the service of the Great Eastern Railway Company, in the coal department—between 25th November and 11th December we received twenty-one trucks of coal consigned to Darleston and Sons; seventeen were from the Cannock Company—they were delivered into Hughes', the lighterman's, barges.

HENRY BEADEL HUGHES . I am a barge owner at West Ham—between 28th November and 11th December I received twenty trucks of coal from the Black wall Depot of the Great Eastern Railway Company into my barges and delivered them to Hudson's Wharf, at Bow—I was employed by a Mr. Jacobs, a coal merchant—I saw Terry at Hudson's on one occasion—he gave me no instructions—I do not know what he was doing at Hudson Wharf—I had once to call at 159, Fenchurch Street with respect to Lighter age.

ROBERT JAMES . I am an accountant, at 10, Walbrook, City—in October last I was applied to by a man named George W. Law, of 110, Cannon Street, for a loan of 25l.—he gave as reference Mellor, Green, and Co., to whom wrote, and in reply, dated 19th October, 1876, they say "We have known G. W. Law for a length of time. We have had many transactions with him, and we are prepared at any time to credit him to the extent of 2501."—I also received two other letters from Mr. Law about the loan, and I sent a clerk to his office, and then another, and then went myself, but ire found no one there—I looked through the letter hole in the door into the office, and saw a small table and two chairs, but no sign of business—I afterwards saw Law at my office and told him his reference was worthless, and I did no business with him. '

JOHN O'CALLAGHAN . (Re-examined). I produce the papers found at the offices of Buxton, Abbott, and Co., at the Hop Exchange, with reference to the coal transactions with the Wingfield Colliery Company, also a mass of papers found at Ord's house connected with Ord and Moore—I am inquiring about Christian and Co.—Jackson has pleaded guilty—O'Neil I know was in prison for debt—he was reported dead—Francis is a convict at large with a ticket of leave—I hold a warrant for the apprehension of Gentles and Prendergast, Darleston and Hudson—Kemm is a person who has absconded when on bail.

Cross-examined by MR. TURCELL. I do not know if Welham has a house at Twickenham.

WILLIAM THOMAS HOLT . (He-examined). Law said he was an auctioneer—he said he had bought a bill of sale, and mentioned some bankruptcy proceedings—he admitted he was Law, and said he knew Jackson.

Terry's Defence. I have had none of the goods I am charged I with obtaining. I admit writing a letter on Hudson's account; I did so believing Hudson was able to pay. I had a connection in the coal trade and he had the benefit of that connection. My orders were legitimate and paid for. I had an accident and afterwards worked for Hudson, who introduced me to Darleston. All I had was my 2 1/2 per cent, commission—I gave all the information in my power to the prosecutors and I throw myself on the mercy of the Court.

Moore's Defence. There is not a single name in the indictment that refers to me. I have had no connection with any persons named in that indictment except Ord. I have never obtained goods, nor conspired to do so, on

false pretenses, and I defy any person to produce any letter asking for goods with my signature 'S. W. Moore." I have never been partner with Ord was only empoloyed by him when disengaged as traveller. The papers found at his premises may have tumbled out of my pocket when I have been there at work.

Mootham received a good character.

ORD, PARKER, BATSON, WELHAM, LAW, and TERRY— GUILTY Five years' Penal Servitude . MOOTHAM— Eighteen Months' Imprisonment . JACKSON— Judgment Respited.


5th March 1877
Reference Numbert18770305-322
VerdictGuilty > unknown

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322. JOSEPH BEGER (26) , Unlawfully uttering counterfeit coin.

MR. LLOYD conducted the Prosecution; and MR. COLE the Defence.

ANNIE CECIL . I am the wife of William Cecil, a greengrocer, of Commercial Road, Stepney—on 19th January, the prisoner took up two oranges front of the shop and gave me a 6d.—I said "Young man this is a bad ne"—Rolfe then touched him on the shoulder and asked him if he had a and one—he gave me a good one, and I gave him 5d. change—he said he took the bad one at a public-house, in Cannon Street—Rolfe took away and brought him back, but I did not charge him and he was berated.

WILLIAM ROLFE (Detective Officer R). I saw the prisoner go to the shop, take oranges and tender this coin, which I received from Mrs. Cecil—he id that he got it at the Prince of Wales public-house, Cannon Street—I took him there, and then he said that it was the New Road—we into a public-house, and the landlord did not recognise him, and said at he had not taken a florin since dinner—I took him back to Mrs. Cecil, would not charge him, as he said that he had a wife and three children he gave his name John North.

Cross-examined. Commercial Road separates Cannon Street Road and New Road.

THOMAS CHARLES CARTER . I keep the Queen's Head, West Ham—on 1 February the prisoner came in for a short pipe, I gave him one, and he called for half ounce of tobacco and a half-pint of porter, which to 3d.; he gave me a bad shilling—I said "This is bad"—he said it"—I said "Yes, and I believe you knew it when you gave it me"—said "No," and gave me a good half-crown—I gave him the change—he and I gave information and he was taken.

JOHN READY (Policeman). I received information and took the prisoner in the Broadway—I took him to the Queen's Head bar, and Mr. Carter identified him and charged him—I found 2s. 3d. on him—he said bat is what I received from the half-crown for the tobacco—he afterwards said "That shilling I picked up in the dog room." William Webster. This shilling and 6d. are bad.

GUILTY **— Twelve Months Imprisonment.


Before Mr. Recorder.

5th March 1877
Reference Numbert18770305-323
VerdictsNot Guilty > no evidence; Guilty > unknown; Guilty > with recommendation
SentencesImprisonment; Imprisonment

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323. ELIZA PITCHFORD (26), was indicted for feloniously marrying Thomas Andrew Wilkinson, her husband being then living, and THOMAS ANDREW WILKINSON (18), and HENRY FLOOD (58), for aiding and assisting in the said felony.

MESSRS. T. F. Lewis and Clark conducted the Prosecution; and MR. WARNER SLEIGH the Defence.

No evidence being offered against Wilkinson he was acquitted on this charge and also on another for causing a false entry to be made in a marriage register .

MARY ANN ROWELL . I am the wife of Edward Rowell, corn merchant, 484, Mile End Road—the prisoner Pitchford is my sister—she was married on 9th March, 1872, to James Pitchford—I was present at the marriage, they returned from the church to my mother's house. (The certificate was of a marriage between James Pitchford, batchelor, and Elizabeth Jefferson, spinster, both of full age.)

MARY CHRISTY . I am the wife of James Christy, of 37, Collingwood Street, Bethnal Green—I am the prisoner Pitchford's mother—she was married to James Pitchford; the wedding dinner was at my house—they took a room in St. Peter Street—I know the Wilkinsons, they lived opposite me—they were acquainted with my daughter and her husband, and have occasionally been at their house—my daughter never told me anything about a marriage that she contemplated with the boy Wilkinson—I have known Flood fifteen or eighteen years as a neighbour, living opposite, in the same street.

Cross-examined. Wilkinson knew the man Pitchford a long time before he married my daughter—I had not seen Pitchford since January, 1873, until this case came on—he left my daughter a few months after the marriage—I took a room for her in Flood's house to carry on business as a needlewoman—at that time Mr. and Mrs. Flood were living together and as I supposed were married—I saw Wilkinson often at Flood's in company with my daughter, after Pitchford had left—he always appeared to be on terms of great affection with her—I have seen them pass their evenings playing at dominoes, many times.

MARTHA COOPER . I am the wife of William Cooper, of 4, Inkerman Terrace, Charlton, and am sister to Flood—I remember his coming to see me about three weeks before Whitsuntide, 1875—I had not seen him for about six years—he asked me to put up the banns of marriage between Wilkinson and Jefferson—I told him I would do it and he gave me the money to pay for it, and a bit of paper with the names of the parties, Thomas Wilkinson and Eliza Jefferson—I gave it to Mr. Light, the clerk. (Mr. Light stated that the paper had been destroyed.) I heard the banns published—I had a letter from Flood on the Saturday morning before Whit-Sunday—I destroyed it—in it he told me that he should be down on Monday morning and to ask Mr. Light to have the marriage at 10.30. On the Monday morning he came with Miss Jefferson and Thomas Wilkinson, and asked if I would go to church with them, and I put on my things and went as he had got no one to be bridesmaid—I was present at the marriage—Mr. "-Light asked them their names and he registered them—he asked Wilkinson if he was of age and he said "Under age"—he asked Flood if he was his father?—he said "No, his uncle"—I saw the parties sign their names-'e female prisoner signed the name of Jefferson.

Cross-examined. I heard Mr. Light ask her if she was a spinster and she said she was.

EDWIN LIGHT . I am clerk at St. Paul's, Charlton—Mrs. Cooper brought me the banns and I put them up at the end of April—the marriage took

place on 17th May, 1875, between Wilkinson and Pitchford—seeing that Wilkinson was a mere lad I asked him if he had his father or mother present—Flood said "No, they could not come: I am his uncle"—I asked Wilkinson if he was a minor—he said he was—the female prisoner described herself as Eliza Jefferson—I have the register here, and these are the signatures of the parties (certificate read).

MARY ANN BALL . I am a widow—I now live at Durham—I have Known Flood for the last forty years—I knew his wife and knew they Were separated, and twenty-two years ago I agreed to live with him as his wife—we lived in Collingwood Street for twenty years opposite to Mrs. Christie, and I carry on, the shoe trade—I did not know the man Pitchford until after his marriage with the prisoner. (Pitchford was called in.) That is him—I recollect Thomas Wilkinson being born on 5th October, 1858—Mr. and Mrs. Wilkinson had a very large family—they lived in a small house, three rooms and a kitchen—the boy Wilkinson has slept at our house from an infant—he slept in a part of our bedroom curtained off—he sometimes went home to his meals—he was apprenticed four fears ago, on 13th October, and was still an apprentice in 18.75—Mrs. Pitchford took a room at our house in May, 1874, at 2s. 3d. a week—up 0 the time of her coming I had lived happily with Flood—at first she and flood were not much together, not for better than twelve months after—I an't say whether I complained to Flood about his conduct—I heard them walking together in his workroom at times—she worked in her own room asked Flood what the talking was about—he said it was only the one thing over and over again—he told me that she was going to marry Wilkinson; that was just a week before the occurrence—he said he thought would be a good thing for him and put him in a good position in the would—I was ill at the time and did not question any more about it—I spoke to him about telling the Wilkinsons and he' said if I caused any disturbance I could go—Mrs. Pitchford asked me to send word down to charlton that she was coming down on the Monday—after they were married wilkinson slept with her; I asked Flood if he was going to allow it—he said I could' not stop it as they were married—before the marriage Flood used to call her Mrs. Pitchford and sometimes Eliza—I can't say that Flood knew James Pitchford, being a young man from the country he was not known by one; he used to speak of him as Jim Pitchford—I left Collingwood street on 8th November, on account of my bad health, and the occurrence Pitchford and Wilkinson being married—before the marriage I told Flood 't I thought he ought to see that she did not lead the boy into a snare—said he did not think she would do such a thing as that, knowing him so many years.

Cross-examined. Mrs. Pitchford frequently told me that her husband was dead she believed he was dead, and he might be dead years before—she Mrs. Bogus also believed he was dead—she asked me to write a letter Mrs. Cooper at Charlton, and to say that we would be down at Charlton Whit Monday; I did so—on 22nd February, 1875,1 went into the country visit to my friends and returned on 22nd March—a day or two after I back, Pitchford and Wilkinson were having an altercation on the stairs, was detaining him from going out—I asked what she was doing—she Tom wanted to go out—I said "Why do you detain him from going let him alone, or I will fetch his mother," and with that she let him—five or six weeks after that she told me that she was in the family-way

by him—I was present when his father asked him when it happened, and he said while I was away in the country—they were sometimes playing dominoes together in the work-room at 10 o'clock at night, when all the work was cleared away—Flood is fifty-nine years of age—he nursed Wilkinson when he had the small-pox and always treated him very kindly.

THOMAS ANDREW WILKINSON *. (The Prisoner). I was eighteen years of age last October—as long as I can recollect I was always in Flood's house, I slept there and used to call at my parents' to have all my meals—I was apprenticed about four years ago to Marshall and Co., boiler-makers, of Annette Street, Whitechapel Road—in 1875 I was in the receipt of 9s. a week; I was still under indentures—I knew Pitchford before she came to live at Flood's, just by walking up and down the street when I was playing with others—she is now about twenty-eight years of age, ten years older than me—in May, 1875,1 recollect being left in the room with her and Flood—ne left, she came and sat on my knee and began pulling me about; I was then just turned sixteen—the result was that I went with her upstairs to her bed-room and we had connection—two or three days afterwards she said she was in the family-way—I asked her the meaning of it, I did not quite understand—she said she would have a child and I would have to keep it, and if I did not and do as she wanted me she would have me locked up—she said she wanted me to get married—I told her I had heard I was too young to get married—she said "Oh, you would pass for more than you are"—I said my money would not keep two of us, it would not keep me—she said her parents were well to do, that they had put all her other people into business, and they would put me into business if I got married—a day or two afterwards Flood said to me "I hear you have been having a game along with Eliza;" I had not spoken to him about it—he said "The best thing you can do is to get married"—I told him about my wages, my age, and what my parents would say—he said it would only be a nine days' wonder, and he would lend me a sovereign to get married—he did not say anything about her being in the family-way—he talked to me and I had always slept under his roof, and he had been next to a father like, to me, and I thought as he was an old man he would direct me for my good, and that was the reason I got married—I did not take any steps towards the marriage, I did not know that the banns were published—he did not tell me the day on which I was to be married; Pitckford did, she said it would be the holiday Monday and I was to get ready early in the morning—Flood said he was going, and he would see that it was all right—Pitchford gave me a ring and a silk necktie, and she produced the wedding ring—on Whit Nonday I went to Charlton with Flood, he gave me a sovereign before I left—he said if he had anything to say that I must not contradict what he said, he would very likely have to say he was my father, or something like that; that it would go on all right if I did not contradict him—we went to Mrs. Cooper's and to St. Paul's Church and were married—Flood said we were not to go home together—he left and I went home later on—after that 1 slept with Pitchford—I did not say anything to my mother about having married Pitchford, they both told me not to do so—afterwards my mother knew of it, and a bastardy summons was taken out against me—I was examined and the summons was dismissed.

Cross-examined. I don't know when she was married to Pitchford—I have seen them together—I did not call him Jim, I did not know his name—I recollect Mrs. Ball going into the country about two or three months before I was married; she and Flood treated me very well, but not like parents,

Flood was not so kind as she was, he was always harsh; he is a stern, hard man—I recollect wanting to go out, and Pitchford trying to prevent me, I don't know when that was, it was after Mrs. Ball's return—I did not tell my Either that it was when Mrs. Ball was in the country that I first had connection with Pitchford, I told him it was on Saturday night, 1st May, I know the time because it was chimney-sweepers' day—Flood lent me the sovereign on the morning of the wedding; I was to pay it back as I liked, I paid it back 6d, at a time; I can't recollect how much I paid back altogether—when my mother found this out she came to the house and took me away.

EMILY ANN WILKINSON . I am the mother of the last witness—my husband is a carman on the Great Northern Railway—we have six children—Thomas was born in October, 1858, in Flood's house, where we were then lodging—up to 1875 he always slept there and had his meals with us—in 1871 I was introduced to James Pitchford by Mrs. Bogus, he was her brother, and a navvie—I recollect his marrying Eliza Jefferson—I was at the house when they returned from church with Mrs. Rowell—I have seen Pitchford to-day—I first heard of my son's marriage to the prisoner about eleven or twelve weeks afterwards, some time in August, Mrs. Christy told me of it first—I afterwards went with my husband to Flood's house, and my husband asked him how he could be so false as to get the boy married unknown to us—I cannot tell what answer he made there was such excitement—Mrs. Pitchford came downstairs and said they were married, we might do our worst, could not undo it—my husband told the boy to get his things, and we look him home—the prisoner said she believed her first husband to be dead did she had letters to prove it, that was after the marriage.

Cross-examined. When she and Pitchford were married they lived about en minutes' walk from us—I believe they used to quarrel, I only heard hem quarrel once, that was not long after their marriage—my son knew ford years back by sight—I don't think I ever saw him at Flood's—I used frequently to see him after his marriage, I can't say up to what time—I remember his selling up their home a few months after they were Married—after that they came together again for about six weeks, after the any was born, that is four years ago last November—then they parted main—I did not see him after that till very lately.

Re-examined. Mrs. Pichford took the things away the second time, while was gone to his work, and he never came back to her—I don't know hether they were things that she and her mother had bought.

CHARLES BANKS (Detective Officer K). I took Mrs. Pitchford into custody this charge—on the way to the station she said "He knew I was a Married woman, I told him so; I had not seen my husband for four years id thought he was dead."

JAMES JOSEPH GUNNERY . I am clerk at the Worship Street police-court I was present at the hearing of a' bastardy summons upon which the prisoners were examined, it was a summons against Wilkinson, the putative her (The examination of the defendants being read, Pitchford alleged wilkinson to be the fat her of the child, and denied any intimacy with other men god denied having had any connection with Pitchford.


Pitchford was recomended to mercy by the Jury in consequence of the desertion by her husband— Three Months' Imprisonment . FLOOD— Twelve Months' Imprisonment.

5th March 1877
Reference Numbert18770305-324
VerdictGuilty > pleaded guilty

Related Material

324. JACOB BENTERLULER (34) , PLEADED GUILTY to feloniously breaking and entering the dwelling-house of Caleb Taylor, and stealing six studs and other articles, and 1l. 10s. in money, having been before convicted— Twelve Months' Imprisonment.

Before Robert Malcolm Kerr, Esq.

5th March 1877
Reference Numbert18770305-325
VerdictGuilty > pleaded guilty
SentenceMiscellaneous > sureties

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325. GEORGE NIXON (37) , PLEADED GUILTY to publishing a libel on Robert Palmer — To enter into his own recognizances to appear and receive Judgment if called upon.


Before Mr. Justice Field.

5th March 1877
Reference Numbert18770305-326
VerdictsGuilty > with recommendation; Not Guilty > unknown

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326. OLIVER SANDS (19) , Unlawfully committing spoil and damage to the amount of 20l., to the property of Alfred Sands and another.

MESSRS. FRITH and READ conducted the Prosecution; and MR. MONTAGE WILLIAMS the Defence.

ALFRED SANDS . I am in partnership with my brother Buchan and Mrs. Sands, as ink manufacturers, in Cardington Street, Kennington Cross—the prisoner was in our employ as a workman at 1l. a week—we discharged him on Saturday, 23rd December—I saw him two or three times between then and 6th January—on the Tuesday evening after his discharge he came to my residence in Brixton Road and said he would make us suffer for having sent him away, and that we might find our chimney shaft blown off—on 6th January, about 8.30 p.m., my brother Buchan came to my house, and in consequence of what he said, I went with him to our works—we found the place locked up—we sent for a policeman, opened the place, and went into the office—we found the paraffin lamp on the table as if it had been recently lighted, and a pocket-book on' the office desk with the prisoner's handwriting in it—I had never seen it before; it contained copies of accounts belonging to my brother Buchan—we searched through the premises then, with the policeman, and found all perfectly safe and sound at that time—we left the premises about 9 o'clock, and I returned home—I went back to the premises about 9.30, along with the boy who was my informant—the front gates were wide open—I found the office safe; hearing a noise like water running, I went into the workshop and found ten barrels of ink all broken and the contents running out—I had seen them sound at 9 o'clock—a long instrument which we call a slice, was lying beside one of the broken barrels, covered with ink—I went to the Kennington Lane police-station and stated the charge, and about 10 o'clock next morning I went to the works again to see the amount of damage, and found a gig belonging to my brother with the back broken in—there was nothing else broken, but a large dog belonging to us had been taken away—the damage done was about 20l., besides the gig.

Cross-examined. At the time I was in partnership with my brother Buchan and my mother—she used to live at Manchester—we call her mother, whether she is or not; we do not believe her to be our real mother—we had locked up the premises safely at 2 o'clock in the afternoon—I left" the place safe at 9 o'clock, but somebody must have been concealed on the premises while the policeman was searching—if anyone had remained on the premises they could have done the damage and got out again by unlocking the large gates—up to 30th January Buchan resided with my mother and the prisoner—the dog was my brother's and was always

kept at the works—I heard Mrs. Sands say at the police-station that she had sent the prisoner for the dog on the day in question—I consulted my brother when I discharged the prisoner—I did not consult Mrs. Sands, she was practically not a partner, she had never paid any money—she did not object to my discharging him.

WILLIAM ADDINGTON . I live at 1, Spring Gardens, Vauxhall—I was in the employ of Mr. Beckett, a confectioner, who has stables in Cardington Street, opposite the prosecutor—on the Saturday evening, before I went to the police-court, between 6 and 7 o'clock, I was up in the loft at Mr. Beckett's—I saw the prisoner in the street, he asked if I would jump over and open the gate for him—I went down, he gave me a lift over, and I opened the gate—he walked inside and said "Don't go away for a while, if I see you about I will give you the price of a pot when I come rat"—I saw Carlisle about ten or fifteen minutes afterwards, and spoke to him—I believe the prisoner was then in the place—I did not see him after let him in.

JOHN CARLISLE . I am in the prosecutor's employ as stable-boy—about 7 clock on Saturday evening, 6th January, I was in Cardington Street, iddington spoke to me, I went down the street to Young's man, and waited the street till Buchan Sands came—he went and fetched his brother I fred—I did not go into the premises then—about 9.15 I was just inside legates; I had the key—I was lighting a match to take the pony into the able, when the prisoner came up—he said "Don't go away, I shan't be a mute"—I said "All right"—he went in the direction of the shed where ink was—I put the pony in as quickly as I could, came out and lockede gates—I went to Buchan Sands, and then to Alfred Sands and returned to him, and the gates were then wide open, not the gates in Cardingtoa street, that I had locked, but the other gates in Kennington Lane; they are corner premises—those gates were safe at 2 o'clock—I did not notice them the time I locked the other gates; I can't say whether they were closed not—I went all over the place with my master and found all the ink casks broken and the ink spilt.

Cross-examined. I had been turned away from this employment by the prisoner a month before this happened, and was afterwards taken on again the prosecutor and his brother before this happened—I am sure I saw prisoner there at 9.15—a dog was always kept in the yard, it was bed away that night, I can't say by whom, it was gone at 9.30—I had seen it since 2 o'clock that afternoon—I heard my master say it was safe 9 o'clock, it was a watch dog.

GEORGE BALDOCK (Detective Officer). I apprehended the prisoner on 11th may, at Liverpool, he was detained by the police there—I read the "rant to him—he said "They will have to prove that I did the damage "received this pistol and a box of cartridges from the police in his presence.

BUCHAN SANDS . I live at 195, Brixton Road, and am in partnership with brother Alfred and Mrs. Sands—the prisoner was in our employ, we harged him—on 6th January, in consequence of what Carlisle said to I went to the premises—I went into the office and found a pocket-book he table, it was oper, and the writing in it was wet as if recently written, as the prisoner's writing—I remained on the premises till close upon 9 ck—I then locked the outer gates in Kennington Lane, from the inside took the key with me; I went out by the office door into Cardigan—ct—there are gates in Cardigan Street, leading into the stable, you can

get from the stable into the premises—those gates were also locked, they could only be opened from the outside—half an hour later a boy spoke to me, and in consequence of what he said I sent him to my brother; I did not go back again.

Cross-examined. When I found this book, the constable Dash was with me; I was residing about 200 yards from the factory—I don't believe I have said before to-day that the ink in the book was wet—the barrels of ink were safe and sound at 9 o'clock.

EDMUND DASH (Policeman L 151). On 6th January, I went with the two prosecutors to their premises, between 8.50 and 8.45—I went into the office and saw a paraffin lamp alight, and a pocket-book—the prosecutor pointed out to me that the writing in the pocket-book was fresh, it was quite wet, I am certain of that—I examined the premises and found everything safe thing safe.

Cross-examined. There were two pages showed to me, there was a lot of writing, it was wet, I could not say on both pages, this one I looked at particularly. (Pointing it out)—I was not asked about it before the Magistrate, and did not mention it—this was not my beat, I was fetched from the point, by the prosecutor.

By THE JURY. The prosecutor was the first person who touched the book, I saw him, I did not see it till he called my attention to it, it was on the desk lying open—I. don't think he had had it in his hand before that, because I went in with them both, and almost as soon as we got in he called my attention to the book lying on the desk.

ROBERT GEORGE PALMER . I am carman to Mr. Young, who has stables adjoining those of Mr. Sands—on the evening of 6th January, between 6.30 and 7 o'clock, I saw the prisoner in our yard—he asked whether he could get through our place to his—I said "No; certainly not"—I took a bag into the shed, and when I came out he had got up to the fence and pulled a piece of wood down—I told him he must not do that, he would get me into a row—he said "Can't I get in the stable"—I said "No"—he said if I got over the gates he would give me a pot of beer—I said "No—I asked why be wanted to go there—he said he wanted something in there belonging to him—he then went away—about half an hour after, when I went to feed the horses, someone jumped over the prosecutor's gate in Kennington Lane, and then I heard talking—I could not say who it was; it was two persons.

Witness for the Defence.

CHARLOTTE SANDS . I am in partnership with the prosecutors—they and the prisoner are my sons—the prisoner was living at home with me on 6th January—Buchan had left me on 3rd January, and came back on the night of the 4th and slept there, and left on the morning of the 5th by my orders—on Saturday, 6th January, about 5.30, I sent the prisoner to the factory in Cardigan Street to fetch me the dog—he went, and returned about 8 o'clock—he then sat at home reading, and we had our supper and went to bed at 9 o'clock—I always go to bed at 9 o'clock—I went to bed that night precisely as Big Ben struck 9 o'clock—the prisoner went to bed at the same time—I saw him in bed and took away his light—I spoke to him—he slept in the next room to me on the top flight—if he had gone down after that I must have heard him—I don't shut my door—when he retired with the dog his clothes were all clean and right, except his boots.

Cross-examined. I gave notice to Buchan to leave, because he wanted me

to keep lodgers—the prisoner was at home at 8 o'clock on the 6th—he was not out the night before, nor all day—my attention was first directed to this by a thief coming into the next house and stealing 20l. worth of goods I was not examined before the Magistrate till 20th February—I had sent the prisoner to Liverpool on 8th January to see his sister before he left England—he went to Manchester and Liverpool by my orders to draw an account that had been due nearly two years—he was not going to America—I did not know when he left that there was a warrant out for his apprehension—he went to see his sister before he gave himself up as a deserter.

GUILTYRecommended to mercy by the Jury on account of his youth Nine Months' Imprisonment.

Then was another indictment against the Prisoner for forging and uttering an order for 18l. 5s. 4d., upon which an acquittal was taken.

Before Mr. Recorder.

5th March 1877
Reference Numbert18770305-327
VerdictGuilty > pleaded guilty

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327. JAMES HERITAGE (30) , Feloniously forging and uttering a certificate of character, with intent to obtain a situation as barman.

MR. BESLEY conducted the Prosecution; and MR. WARNER SLEIGH the Defence.

After some evidence had been given the Prisoner desired to

PLEAD GUILTY, upon which the Jury found him

GUILTY Twelve Months' Imprisonment.

5th March 1877
Reference Numbert18770305-328
VerdictGuilty > unknown
SentenceImprisonment > penal servitude; Miscellaneous > fine

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328. JAMES MANKEY (37) , Embezzling the sums of 371l. 4s. 10d. and—227l. 16s. 9d. of Edwin Butterworth and another, his masters.

MESSRS. BESLEY and HORACE AVORY conducted the Prosecution; and MR. CHARLES MATHEWS the Defence.

JAMES SMALLEY . I am a member of the firm of Butterworth and Co., paper and rag merchant, of Manchester, who have several branch establishments in England and Wales—their London branch is at Weston Street, Bermondsey—the prisoner has been their manager there for I think six years, at a salary of 3l. 10s. a week—he could make sales, and his duty was to enter them and report them to Manchester—a sale would be entered first in the sale-book, and on the delivery of the goods they would be entered in the delivery-book, and, being sent to the customer, an invoice would be made out the same day—that ought to be copied into a book, and copies taken in triplicate, one of which would be sent to Manchester, one would remain in London, and one would be sent to the customer—the money, when received, would be entered by the prisoner, first in the cash-book and then into the ledger—he would give a receipt for the cash and advise Manchester of it—he would retain the money for the purposes of the business—crossed cheques, or cheques requiring endorsement, he would send to Manchester—that rule was invariable—if otherwise, he could cash them at the bank on which they were drawn—this is a copy of our rules for his guidance; it was either on his desk or close to him—rule 10 is: "Particulars of all contracts, purchases, and sales to be entered in books for the purpose, and at the time they are made"—No. 17 is: "Cash accounts and receipts for all payments to be posted every Saturday, or Monday at the atest, up to Saturday night"—No. 24 is: "All cash, bills, cheques, &c, received by post or otherwise, to be given to cashier as soon as possible, with written statement of particulars of them in a book for that purpose initialled the person giving and receiving the same, intact"—No. 30 is: "A second copy of all letters and invoices you write to come here (Manchester) daily

also of all purchases daily; all particulars"—No. 49 is: "Cash accounts and receipts for all payments to be posted every Saturday, or Monday at the latest, up to Saturday night"—No. 90 is: "Branches to advise Manchester daily, of monies received on account and in settlement of debts owing to us"—No. 110 is: "Persons employed by us not to be allowed to do business on their own or others account"—there was no cashier in the London office in August, 1874—the prisoner was acting as cashier, and this invoice is in his writing:" August 4th, 1874. Messrs. Too good Brothers. Bought of Butterworth and Co., 72, fifteen bags super H. linen, 152cwt. 5lbs, 183l. 1s. 1d. Total, 371l. 4s. 10d. Forwarded to St. Neots"—the 72 is a private mark to designate the quality—they are both very fine qualities, first and second—the bales are packed by hydraulic pressure—it was the prisoner's duty to enter the invoices in the delivery-book, invoice-book, and copy-book—I find no entry of a sale to Toogood Brothers on August, 1874, in any of the books of the firm—this receipt is in the prisoner's writing. (Read: "Toogood Brothers, to E. Butterworth and Co. To goods, 371l. 4s. 10d. Received cash for above, with thanks, for E. B. and Co. James Mankey.") This cheque (for 371l. 1s. 10d., from Toogood Brothers in favour of E. Butterworth and Co.) is endorsed "J. Mankey, for E. Butterworth and Co."—I first became aware of the existence of that cheque on the day before the prisoner was given in custody—there is no entry of it in the books, and there are entries on 4th August in the prisoners writing—this letter is in the prisoner's writing—I received it in Manchester. (Read: "July 31st, 1874. Received cheque for 150l. These last two cheques I have had to get a man to put them through the bank for me, because Smith Payne will not pay them unless you put across them 'Smith, Payne, and Smith.'") For the purpose of our London business we issue cheques to Smith Paynes, and the cashier forgot to write that, and Smith Payne would not alter it—I was not aware of the prisoner having a banker of his own till the day before we gave him in custody—the endorsement on this cheque is in his writing, he had no authority to endorse cheques—this invoice is in the prisoner's writing: "October 1st, 1874. Toogood Brothers. Bought of E. Butterworth and Co., March, 1872, eighteen bags superfine F linen, 154cwt, I qr., 2 lbs., 29s. 6d., 227l. 16s. 9d., per G. N. R. carriage. Forwarded to St. Neots"—I here examined the books and find no entry relating to that invoice, though there are entries in the prisoner's writing on September 30 and October 2nd—this receipt is in the prisoner's writing. (Read: October 15th, 1874. Received of Messrs. Toogood for E. Butterworth and Co., 227l. 16s. 9d. Endorsed per E. B. and Co. J. Mankey.") He had no authority to endorse that—I find no entry in the books by the prisoner of the receipt of that cheque between 14th May and September 7 th—the prisoner took stock at the London house from June, 1874, to December 1875—I took stock in June, 1874, and again in 1876, when I found a deficiency of 160 to 165 tons and about 2,600l. in money—I told the prisoner that, and he seemed very much surprised—he said that he could not believe it, there must be a mistake somewhere and he would try and find it out—I then put a man named Henderson to act as his cashier, and the prisoner subsequently gave me notice to leave—I had frequent conversations with him after that, each time 1 saw him—he left on 14th December and I told him on that day that we should begin to investigate the accounts—he said you find out that, if I have done anything wrong I will make it good,

to work all my life for it"—the week after that I saw him, having a paper in my hand with an account of the deficiencies—I said that since I saw him before I had, been investigating the accounts and I had discovered where some of the deficiencies had gone to—he said "Where is it?"—I! said "It Is in Toogood's account," and I enumerated the different items, and as I read each he said "Yes," and seemed to assent, except on some items, to which he took exception, and I found that those items were incorrect—he assented to those two items, 371l. 4s. 10d. and 227l., 16s. 9d., which were included in the list—I asked him for an explanation—he said "Well, I have had the money, but as there is a God in Heaven, I do not know what I have done with it," and he said that he would pay it—I said "Will you do so at once?"—he said "No, but I will repay it"—he was given in custody—on the way to the station he said "Do you remember the remark I made, that if you found out anything I would make it right?"—I said "Yes"—he said "If you will not go on with the prosecution I will pay you 200l. per annum till it is all paid back. I can work and you know that I can work, and I will show you a statement showing that I can repay it"—I said "How can you possibly repay us the amount you have taken, 4,000l. or 5,000l. at the least"—he said "I don't care if it is six, I will pay you if you do not prosecute, but if you do you will not get anything."

Cross-examined. He entered the service in 1868 I think, as traveller, and was made manager in 1871—he occasionally had to travel in the country and abroad—about twenty-five persons altogether were employed at the London branch—the firm is composed of Mr. Edwin Butterworth and myself—about 1873 and 1874 we purposed to shut up the London business for eighteen months, owing to the loss on which we were trading in London, and a board was actually prepared, saying that the premises we to let—I do not know whether it was put up—we did not instruct the prisoner to buy nothing during that time, we probably told him to sell only that which he had in stock—this is our original letter of 24th July, 1873. (this was addressed to the "prisoner, stating that there was a deficiency of 2,670l., and that until the matter was unravelled he was not to buy anything.) I took no stock between then and June, 1876—there are great losses of goods of this description if kept long, and the turn over is, on an average 40 tons a week—there is a loss owing to what is called waste, but not a great loss—our instructions to the prisoner were to enter the goods at the weights invoiced—short weight would be debited in another book, or else he entered the net weight—the fair average loss on high grain rags is 1 1/2 per cent., and on low grain rags, probably 3 per cent.—that is the loss on the premises—rags shipped from abroad sometimes vary in weight, and sometimes they come out exact—a quantity of rubbish is found among rags, so valueless that it is not worth carting away—the prisoner gave us fourteen days notice to leave—I had not heard before I came to London that he was going into partnership with Mr. Carrington, a rag merchant, but I heard it subsequently—he left on 14th December, saying that he would return on the 16'th, which he did, and he was written to to come to the office on the 21st—he suggested that his brother-in-law should go through the accounts see if anything was owing between him and us, and if so he said that would work all his life to pay us, and would pay us 200l. a year—it was not 200 per cent.—this paper (produced) about discounting two drafts, refers to bills of exchange—I have never seen cheques sent to Manchester,

bearing on them "Central Bank of London," as being the bank they had passed through—our bankers in Manchester keep our cancelled cheques we never see them—Smith Paynes are the London agents of our Manchester bank—the prisoner would take any open cheque to the bank on which it is drawn, and they would pay it—we deduct for waste every six months in the balancing—this book (produced) shows it. (This contained an entry "Loss in weight 41 tons; cash, 318l. 8s. 9d., January 1st, 1876.") The stock taking is in the prisoner's writing—the deduction for waste is in my writing—I was not present when the stock was taken, but I came up a few days afterwards—bills of exchange were sent to the prisoner, with instructions to send them to certain discount houses and pay the proceeds to our bankers—they amounted to 200,000l., but not at one time.

Re-examined. Mr. Ashford was employed by our firm in London—the idea of closing the London branch had been abandoned in 1874—I am able to say from his writing in the books, and from the letter we had from the prisoner, that he was in London when he received these two cheques—it was his duty, if Toogood corrected the weights, to make entries of it in the books—this notice to produce was sent to me from London to Manchester last Friday, but I had left before it arrived—the cheques for the last eight years are not in our custody—the prisoner would get private letters from us in 1874, 1875, and 1876—there are no letters that I know of from us to Mankey in London subsequently to August, 1863, about closing the London branch—the deficiency in weight excludes the 40 tons of waste—he gires credit for 800l.—one is the result in weight, and the other in money—at the time he proposed that his brother-in-law should go into the accounts, we had not got these documents from Toogood.

By THE COURT. The loss of weight, if it had been in the place, would have been worth so much, so the absence of goods produced absence of funds—we include the weight for six months only—we began with the actual weights in the establishment in January, and on 30th June we took what was actually in the place—the books show that a certain amount of weight should remain, but we found so much less; 20 or 30 tons out of 160—the prisoner, I believe, had access to all these papers which were taken at Dartford.

FREDERICK SLADE . I am manager to Messrs. Toogood, paper manufacturers—we have dealt with Messrs. Butterworth for materials for our paper—I have seen the prisoner from time to time—this invoice (produced) for 371l. 1s. 10d. in August, 1874, has been cut' out of our invoice-book—we received those goods—this memorandum of 1 qr. 5 lbs. short weight on both parcels was made by our clerk—we drew this cheque on the Bank of England for the exact amount of the invoice—when the difference was email we passed it over, but any considerable difference would be put right on the other side—the cheque came back to us after being paid—we, no doubt, received this receipt (produced) by post on 14th August—this other invoice is also cut from our invoice-book—here is a memorandum across it of 16 lbs. over weight; we should not regard that—this cheque for 267l. 16s. 9d. is one of our firm's, and this is the receipt for it.

Cross-examined. I am well acquainted with the rag business—I cannot give you the waste on a ton of rags, but when our loss exceeds 1/4 cwt. per ton we think it is time for inquiry—the loss arises from rubbing, and cleaning, and taking away rubbish, and from the loss of fire in cutting them—I

imagine the rag dealers' loss would not be greater than that on fine goods, but 02 rougher goods it—would be larger.

Re-examined. These were fine goods—the loss was not 1 per cent., it Was about 1 in 80; if it was larger than that it would be something to inquire about.

ROBERT THOMAS OSBORNE . I and clerk to Mr. Chipperfield, the solicitor for the prosecution—on 26th February, I served the prisoner at Newington nth a notice, of which this (produced) is a copy—it was accompanied by copies of certain entries in the books of the Central Bank.

ROBERT FIELD AUBERT . I was a cashier at the Central Bank when I was subpoenaed in January—Mr. William Franklyn Gardner is one of the managers—this is his signature to this affidavit. (This was an affidavit made by W. F. Gardner, of the Central Bank, and A. F. Dufour, clerk to Mr. Chippcrfield, stating that they had examined certain copies with entries in the legers at the South Eastern Bank, Tooley Street, and found them correct). I also have examined the copies with the entries in the books, and found in ledger ten, on August 14th, 1874, 371l. 1s. 10d. was paid in to the prosecutor's account, and on October 15th, 1874, 227l. 16s. 9d.—those sums are also in the waste book on those dates, which shows them to have been cheques on the Bank of England—these are the cheques (produced), they are stamped by our bank.

SAUMEL EBERSON . I was present when Mr. Smalley told the detective to take the prisoner in custody, and charged him with embezzling 79l. and other sums, amounting to 1,400l., reading over the amounts from a paper in his hand—he said "We now know, Mr. Mankey, how that deficency occurs. In 1874 you robbed us of so much, and in 1875 so much, and in 1876-so much"—Mankey said "I think you are wrong, Sir; go over those items again, one of those items I am sure is wrong"—Mr. Smalley asked him what explanation he had to make—he said "I have got my money natters in such a muddle, I cannot say how they are, but what ever it is I will may you"—Mr. Smalley said "Can you pay now?"—he said "No, I cannot"—is said "Then you will have to take the consequences"—the detective was ailed in, and he was handed over.

Cross-examined. I have succeeded the prisoner as manager—I never told him that I found no irregularities in his books—I gave the purport of that conversation before the Magistrate, but not so full.

RICHARD KIMBER (Detective Officer A). I took the prisoner on 21st December, on a charge of embezzling 79l. and other sums, amounting to 1,400l.—he said "I have had the money, my mind is all in confusion, and I don't know what I have done with it"—on the way to the station, he turned round to Mr. Smalley, and said "I will pay you 200l. a year if you do not prosecute me, but if you charge me you will get nothing."

Cross-examined. I will pledge my word that he said 200l. a year, and not 200 per cent.

Witnesses for the Defence.

EPAMINANDOS BALERALI . I am a wholesale importer of wines and spirits, and a commission agent, at 24, Cranbourne Street, Leicester Square, acting for a person residing abroad—I have been in the trade about twelve years—at the end of April, 1874, a rag collector, named Bryce, of Chonie, near Rouen, came to me and said that he had some rags in London, which had been consigned to a Mr. Sigus, which he wished me to get him a customer—for—they were not then unloaded—I went to the prisoner, who went with

me to the wharf and examined the goods, there were 30 tons odd; for which he paid me 120l. 9s. 8d., on 1st and 7th May, 1874; I have got my copy book here—there was an error of 1l. short—it was, I think, a cheque on the Central bank. (An entry of 1201. 9s. 8d. appeared in the prisoner's pass-book on 7th May, 1874.) I paid the cheque to ray bunkers—the entry is "Two sorts of French rags, first and second quality"—I have heard of a rag merchant in London, named Rechard—Sigus was agent for a M. Sieger, he did not trade on his own account—Sigus has told me that Mankey had transactions with him, he was the only person I put in communication with I him—it was Sigus who gave me Mankey's address—after that first transaction, I was present when an arrangement was made between Sigus and Mankey to supply Mankey with rugs—I was the agent between the parties, I and took a commission from Sigus as vendor, and from Mankey as purchaser—this contract was entered into between them; it is in my writing, (This was in French, and was a contract between Sigus and the prisoner, dated 4th April, 1874, for 5,000 kilos of rags, to be delivered at the quay in London, specifying the quality and prices.) I know that that was executed, because I went down to the wharf to examine them, and they were not what they ought to have been—at the time I left 10 or 12 tons were delivered besides the first negotiation—I may make a mistake about the date of the I April ones, but there is no mistake about my cheque—it must have been in April—the first negotiation was prior to that—Sigus made a communication to me.

Cross-examined by MR. BESLEY. I do not keep an account of what I earn, I have letters from Sigus to show—Butterworth's name is on the contract, but I have had nothing on the contract on Sigus' part—I cannot tell you whether the contract for the two lots of French rags came to 121l. 9s. 8d.—I see no other transaction of that amount—I do not doubt that transaction was on May 5th, because I paid the cheque to my bankers on the 6th—the cheque was for 11s. hort, which I afterwards got in cash—the cash-book has it 121l. 9s. 8d.—I speak of no other cheque but that.

JAMES SMALLEY (re-examined). The book containing the daily entry of purchases does not show outlays of money by Mankey, it is copies of all the invoices of goods bought for us; it came from our London office—this cash-book shows on one side the monies he gets, and on the other the monies he pays on our account—he takes credit for having paid this account of 121l. 9s. 8d. with our money.

By MR. MATHEWS. I produce this book from the London office; it relate to our business exclusively.

HENRY RILEY . I am a master carman, of 29, Bermondsey Square—from, I think, May 1871, to 1873, I was employed at Butterworth's-after I left I balanced the priaoner's books every half year from 1873—no allowance was made in the books for waste incurred in the course of the business—the entries of stock in the books were made, as they appeared in the invoices—no allowance was made for waste, only for short weight—the carman comes for his delivery note to anybody who is in the office, goods cannot be taken out unless some carter is employed in the delivery—they are weighed by the weigher, packed by the packer, and delivered to the carman who comes in for a delivery note, and he can then take the goods mankey was out sometimes, but he was there the best part of the day—he had nothing to do with the books, I keep them—during the time I was there the cashier, Mr. Ashford, had the books and he looked them up of an evening—

I know there is a little loss per ton, I don't know how much—it was sugggested by Messrs. Butterworth that that the business should be given up and aboard was prepared stating that the premises were to let, which was exhibited outside for, I should say, a month—the horses were sold while I was there, which was an indication that the premises were going to be given up.

Cross-examined. I went into the employ in 1871 as clerk at a weekly salary and remained till, I think, the end of 1873—this (produced) is a receiving note, that is given to the carman, it is in Mankey's writing. (Read: "August 4, 1874. Please receive thirty-two bales of rags, 74-75 for Mr. Toogood, carriage paid.") After I left I used to assist at the books of an afternoon—I was not present at the stock-taking by Mankey, but I saw his list—I saw Mr. Smalley there.

WILLIAM CARRINGTON . I live at Great Suffolk Street, Borough—I have been a rag merchant on a smaller scale than the prosecutors for fourteen years—I have had transactions with them, through the prisoner, and have received cheques from him in reference to goods supplied to Butterworth—he paid me with his own cheques on the Central Bank of London, which I have presented and they have been paid—I have also had cheques from Manchester—I have once or twice paid cheques to Butterworth for goods purchased of them, and I have no doubt I paid them to Mankey—this legun in the beginning of 1874, and ended about March, 1876—I have mown Mankey about nine years, and always looked upon him as very lonest and straightforward, it was my intention to go into partnership with imon January 1st, this year, and the negotiations had commenced—I bold have no objection to carry it through from this time—I have had fourteen years' experience in weighing rags—I think I have kept some three ears—I kept 30 tons for three months, and the bags lost weight from 7 lbs. 16 lbs. a bag—there are thirteen bags to a ton—last autumn I sent out different quality, and they lost 8 lbs. or 9 lbs. a bag—there is no other is except from evaporation, but in sorting there is always something to row away—I sort as well as sell—these were seconds, they were woollen if rags have been packed damp abroad you have always to chop them to pieces, which makes them heavy when packed and lighter when opened, because the moisture is out of them—I weigh the very best, and guess at others.

Cross-examined. The rags in those two invoices are 28s. to 30s.—those mid be nearly the best—Mr. Smalley has brought a copy of the ledger count, or some one for him, since the prisoner has been charged, and it is said that that and mine agree—January, 1874 to 1876, appears all right far as I can see—if Mr. Mankey is honourably acquitted our partnership '1 go on, because he is so useful, that is chiefly what I was looking to—I re the highest opinion of his honesty.

ROBERT HOUGH . I am one of the firm of Baldwin and Hough, which been established sixty years as wholesale rag merohants—I have been member thirteen years—we have had numerous transactions with Betterworths—I have known Mankey ever since he has been in their ploy—the waste in rags is according to the quality—shippers generally 1 to 1 1/2 per cent, for waste on the first quality, and a little more on second—in ordinary instances there is excessive waste, but the waste third quality ought not to be much below 1 1/2 per cent.—there is to be a little loss in the sorting, but not in pressing.

Cross-examined. Since the prisoner has been in custody our account

has been compared with his ledger and found to be correct—I have bought French rags—I should not expect the waste on them to be 1 per cent—if I found the loss heavy I should refuse to deal with a man.

JOHN HOLLOWAY . I am a clerk in the prosecutor's employ, and was so when Mankey was manager—I was there in 1876—I remember two foreigners coming and having an interview with the prisoner on more than one occasion—they were Siger and Reichardt—I cannot say whether that was in 1874—I was discharged in December, 1875—they came between 1873 and 1875—I do not remember seeing Mankey pay Reichardt money.

Cross-examined. This entry of May 5th, 1876, is in my writing—I see this 120l. which is altered to 121l. but I do not recollect the circumstance of the foreigner coming back for the sovereign—it is posted to 409 in the this (produced) is Messrs. Butterworth's ledger, and it is also in my writing—ledger—here are other entries of goods had from Siger—I saw Reichardt in Siger's company—I posted this 121l. 9s. 8d. in the cash book.

Re-examined. I do not recollect the prisoner leaving money in my hands to pay over to Reichardt, but I cannot say that he did not.

JAMES WARD . I am a marine-store dealer of Waterloo Street, Limehouse—I have known Mankey several years at Butterworth's and have on many occasions taken rags from the premises at his request—on one occasion I gave 2l. for a lot—that was a large quantity, it might have been 10 tons—I have sent for them on other occasions when I have received an order to take away the rubbish which was collected from the good and bad rags—there might be 20 tons altogether, and when I got them home I could not sell them and gave them to a farrier—I sold some.

Cross-examined. This is a copy of my ledger and I have directed my clerk to enter on 1st April, 2l. paid for waste.

MR. SMALLEY (re-examined). When there was a deduction one half year for waste, we started the next half year with the net amount, the actual stock in the place.

The Prisoner received a good character.

GUILTY Seven Years' Penal Servitude, and to pay 100l. compensation to the Prosecutors.

5th March 1877
Reference Numbert18770305-329
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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329. EDWARD READ, Stealing 9s. 9d. of Alfred Hudson.

MR. MEAD conducted the Prosecution; and MR. GILL the Defence.

JAMES CROSBY . I am barman at the King John's Head, Bermondsey Square—on 31st January, about 11.15 p.m., I served the prisoner with 3d. worth of brandy—he put a half-sovereign on the engine, and I gave him 9s. 9d. change—he then said "Was it a half-sovereign I gave you? I thought it was a sixpence"—I said "If you don't require the silver I will give you the gold back"—he said "Very likely the small change will be more handy to you, and the gold will be handy to me"—I had put the half-sovereign on the counter, and he put down the change, putting a shilling instead of the 9d., and then said "Perhaps you will not object to give me a sovereign for it"—I asked my master for a sovereign; he gave me one out of his pocket, which I gave to the prisoner, and took up the silver and the half-sovereign—the prisoner went out, and I informed the police—on 16th February 1 went to the station, and picked the prisoner out from seven or eight others—he said "Mind you don't make a mistake, because it is a very serious.

Cross-examined. Seven or eight people were in the bar, and I was busy

at the moment—the prisoner was in the bar about a minute and a half—I had never seen him before to my knowledge—when I saw him at the station it was a fortnight afterwards—I was not aware that I had been taken in, till 'we missed the money five minutes afterwards.

Re-examined. I described the prisoner as a man with a long overcoat, rather light, carrotty moustache, weak eyes, and a sleek hat.

THOMAS YOUNGMAN . I am a grocer, of 118, Bermondsey Street—on 30th January I was in the King John's Head, and heard the prisoner ask for a drop of cold brandy, but did not see what he paid with, as I was in the next compartment—I heard him say "Was that a half-sovereign I gave you?"—the young man behind the counter said "Yes,. it was, and if you don't require the change I will give you the half-sovereign back"—I have do doubt the prisoner is the man.

Cross-examined. About six people were in the next compartment—it was three weeks afterwards that I saw the prisoner at the police-court.

DAVID JOHN LEDWARD (Detective Officer N). I took the prisoner on 16th February—I told him it was for stealing 9s. 9d. from the bar of the king Join's Head on 31st January—he said "It was not me I was not there—I took him to Bermondsey station—he was placed with a number of men and identified by Crosby—Mr. Youngman also identified him, on the remand, among a number of others.

GUILTY **†— Five Years' Penal Servitude.

Before Robert Malcom Kerr, Esq.

5th March 1877
Reference Numbert18770305-330
VerdictGuilty > pleaded guilty

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33O. WILLIAM ROBERT SEELEY , PLEADED GUILTY . to feloniously marrying Laura Susan Snow, his wife being alive— Eighteen Months' Imprisonment.

5th March 1877
Reference Numbert18770305-331
VerdictNot Guilty > unknown

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331. CHARLES GILHAM , and JOHN DAWSON, Robbery with violence on Henry Pike, and stealing from his person 1l. 1s. 6d., his money.

MR. DOUGLAS METCALF conducted the Prosecution; and MR. AUSTIN METCALF

defended Gilham.

HENRY PIKE . I am a carpenter, of 2, Griffin Street, Lambeth—on Sunday, 28th January, about 12.10 a.m., I was close to my house, with my hand in my pocket taking out my key to open the door—I was not the worse for liqour, but I was ill—I said at the Mansion House, that I might be a little he worse for liquor, but not much—I was seized by Gilham, who put his muckles in my throat, and another man caught me by my arm while I had my hand in my pocket—I struck him, and he then caught me by both arms and three men rifled my pockets of 21s. 6d., which was safe a few minutes before—I was thrown down, and two of them ran away—after the ocurrence I was so excited that I hardly knew what happened—the third one was caught, that was Gilham—I only recognise Dawson by his height, did not see his face—I believe I ran after one of them, but I am conradicted by witnesses who are better able to say than I am—I called "Stop thief"—I am sure Gilham is one of the men, he put his knuckles in my man'

Cross-examined. I was not drunk, I was suffering from a complaint which makes me reel about sometimes for a quarter of an hour at a time, and I am m obliged to sit down—the doctor told me it was liver complaint and that ought not to drink anything—we only had three pints: of ale between five

of us"; that would not make me reel about, but I was reeling about—this curious complaint of mine almost takes my senses away, and I am not answerable for what I do then—I ran after Gilham—he ran into a cabfield—I called out "Stop thief!" and did not lose sight of him till he was stopped—I had not looked at my money just before this disorder came on.

WILLIAM SAYERS . I am a carman of 80, Belvedere Road—on this Sunday morning at 12.15 I heard a cry of "Stop thief, "Dawson came up to the corner and the prosecutor was trying to catch him, but Dawson slipped under his arm and went into a cab-field, I chased him and took him and brought him back, he said nothing.

Cross-examined. I saw Gilbam being held by a gentleman, just by where Pike was standing—Pike charged him with robbing him.

Cross-examined by Dawson. I did not ask you for 8s. 6d. or for you watch.

CHARLES NEX . I am a cellarman of 35, York Street, North Road—I was coming down Griffiths Street at 12.15 and saw Pike reeling along, followed by two men who wrestled with him; and a companion of mine caught hold of Gilham and held him—I can't swear to the other men as 1 did not see their faces.


5th March 1877
Reference Numbert18770305-332
VerdictGuilty > pleaded guilty

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332. MONTAGUE BROWN (25) , PLEADED GUILTY (Before Mr. Justice Field) to unlawfully sending to Fanny Heinrich a letter threatening to publish a libel with intent to extort money. Recommended to mercy—Two Years' Imprisonment . And

5th March 1877
Reference Numbert18770305-333
VerdictGuilty > pleaded guilty

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