Old Bailey Proceedings.
1st March 1880
Reference Number: t18800301

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Old Bailey Proceedings front matter.
1st March 1880
Reference Numberf18800301

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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 1st, 1880, and following days,

BEFORE THE RIGHT HON. SIR FRANCIS WYATT TRUSCOTT , Knt., LORD MAYOR of the City of London; The Hon Sir WILLIAM ROBERT GROVE , Knt., one of The Hon. Sir CHARLES SYNGE CHRISTOPHEE BOWEN, Knt., one of the Justies of the Queen's Bench Division of the High Court of Justices; Sir ROBERT WALTER CARDEN Knt., Sir WILLIAM ANDERSON ROSE, Knt., WILLIAM LAWRENCE Esq., Sir JAMES CLARKE LAWRENCE Bart., M.P., Sir THOMAS DAKIN , Knt., DAVID HENRY STONE , Esq and Sir CHARLES WHETHAM Knt., Aldermen of the said City; Sir THOMAS CHAMBERS Knt., q.c., M.P.Recorder of the City; SIMEON CHARLES HADLEY Esq., and ROBERT NICHOLAS FOWLER , Esq., other of the Aldermen of the said City; WILLIAM THOMAS CHARLEY , Esq., D.C.L., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Centrl 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.


OLD COURT.—Monday, March 1st, 1880.

Before Mr. Recorder.

1st March 1880
Reference Numbert18800301-245
VerdictNot Guilty > unknown

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245. JACOB MELLINGER (37) was indicated for an indecent assault on Elizabeth Bowden.



1st March 1880
Reference Numbert18800301-246
VerdictGuilty > with recommendation

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246. DAVID FITZGERALD (24) , Unlawfully assaulting William Persons and occasioning actual bodily harm.

MR. MILLWOOD Prosecuted.

WILLIAM PARSONS . I live at 19, London Street, Stepney, and am a labourer—on Saturday, 10th January, I was engaged on board a ship called the Azoria, lying off Fresh Wharf, taking boxes of oranges from the ship to the warehouse—the prisoner was also engaged there—I was called by a fellowship porter to take a box—Iput it on my knot and the prisoner matched it away from me, put it on his own knot, and ran at me with it, struck me on the head and knocked me down, and I became unconscious—when I recovered I was in the bed in Guy's Hospital—I had had no words with the prisoner previous to this, but he was always tantalizing me and telling me I was copper—I was in the hospital four weeks and three weeks in a convalescent home.

JOSEPH ORMEROD . I am a fellowship porter and live at 22, Green Street, Stepney—on Saturday afternoon,10th January, I was engaged with the prisoner and prosecutor and a lot of others—there was a kind of wrangle in the street as to who should get the boxes—the prosecutor got a box, and the prisoner got it on to his knot, and he stooped down and bumped the prosecuter with the front of it and he fell flat on the ship's deck—I said "Fitz, you have nearly killed the man"—him he is only "shamming" he did it willfully.

DENNIS KENNEDY (City policeman 710). I was on duty in Thames street, and in consequence of information I want to Guy's Hospital, and there found the prosecutor in bed—he had received injuries on his right

side and on his hesd—I apprehended the prisoner at 11.30 that night at the Wooden Shades public-house, bishopagate Street—he was very drunk—I charged him—he said, "It was not done willfully, it was quite an accident."

JOHN POLAND . I was house-surgeon at Guy's Hospital on the evening of 10th January when the prosecutor was brought there—he was suffering from serve concussion of the brain—such a blow as as been described would account for it—he was in the hospital a month—he is now convalescent.

The prisoner in his defence stated that it was an accident, and that he immediately assisted the prosecutor and took him in a cab to the hospital.

GUILTY.—Recommended to mercy .— One Month's Imprisonment.

1st March 1880
Reference Numbert18800301-247
VerdictGuilty > unknown

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247. WILLIAM BRYANT, Feloniously forging and uttering an authority for the payment of 19s. 4d. with intent to defraud.

MR. PURCELL Prosecuted.

BENJAMIN ADAM . I am a labourer at the Commercial Dock—on Friday, 6th February, about 2 o'clock, the prisoner brought me this contract note from the ware housekeeper for work done by him amounting to 9s. 4d. and I put my name on it for payment—it has since been altered to 19s. 4d.—is consequence of what I heard I went to look for the prisoner—I met him and said, "You are the man I was looking for"—he said, "What do you want me for?"—I said, "You know very well"—he struggled to get away, but I held him till a policeman came and took him charge.

WILLIAM GOUGH . I live at the Dog Duck—the prisoner came to me about 2 o'clock on Friday, the 6th and presented this note for 19s. 4d.—it is my practice to pay the man on the production of these notes and they recoup me—I paid him 19s. 4d.

JOHN RUDKIN (Policeman R 286) The prisoner was given into my custody—he said, "I took the note as I received it; I did not discover the mistake till after I got the money, and I stuck to it."

The prisoner before the magistrate and in his defence stated he did not notice the amount on the note and that he intended to return to the money when he found he had received too much.

GUILTY . He also PLEADED GULITY to a previous conviction in april, 1879.— six months Imprisonment.

The following prisoner PLEADED GUILTY:—

1st March 1880
Reference Numbert18800301-248
VerdictGuilty > pleaded guilty
SentenceNo Punishment > sentence respited

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248. LOUIS HOWARD DASSELL (35) to stealing an opera glass goods of Fredrisk William Schafer, also to unlawfully attemptimg to obtain certain diamonds of William Sharvill Edwards.— [Pleaded guilty: See original trial image.] judgement Respited.

1st March 1880
Reference Numbert18800301-249
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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249. WILLIAM EDWARDS (32) to three indictments for forging and uttering orders for the payments of money, having been before convicted of felony.— Five Years' Penal Servited. [Pleaded guilty: See original trial image.]

1st March 1880
Reference Numbert18800301-250
VerdictGuilty > pleaded guilty

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250. FREDERICK WILLIAM PERCY (23) to two indictments forging and uttering orders for 6l. and 5l. with intent to defraud.— Nine Months Improsonment . [Pleaded guilty: See original trial image.] And

1st March 1880
Reference Numbert18800301-251
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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251. WILLIAM HENARY STEPHNS (51) to three indictments for feloniously forging and uttering three promissory notes for 2,000l. each with intent to defraud.— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]

NEW COURT.—Monday, March 1st 1880.

Before Mr. Common Serjeant.

1st March 1880
Reference Numbert18800301-252
VerdictGuilty > pleaded guilty

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252. JOHN WOODLEY (26) PLEADED GULITY to two indictments forunlawfully uttering counterfeit coin after a conviction of felony.— Eighteen Month's Imprisonment from the expiration of his former sentence.

1st March 1880
Reference Numbert18800301-253
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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253. FRANCIS BOND (20) to stealing while employed in the Post-office two post letters the property of Her Majesty's Postmaster-General— Five Years Penal Servitude . [Pleaded guilty: See original trial image.] And

1st March 1880
Reference Numbert18800301-254
VerdictGuilty > pleaded guilty

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254. GEORGE MOORE (39) to secreting certain post letters the property of Her Majesty's Postmaster-General— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]

1st March 1880
Reference Numbert18800301-255
VerdictGuilty > unknown

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255. ALFRED SULLIVAN (36) , Unlawfully uttering counterfeit coin.

MESSRS. CBAUFURD and LLOYD Prosecuted; MR. T. COLE Defended.

WILLIAM PRICE . I am a pork hutcher—on 3rd February, between 1 and 2 o'clock, I served the prisoner with lb. of boiled beef, which came to 1 1/2 d.—he gave me a fourpenny piece—I gave him the change and put it in a drawer where there was no small coin—a man came in and spoke to me—I looked in the drawer, found the fourpenny piece, and bent it in the tester—a constable brought the prisoner to the shop, and I said, "You gave me a fourpenny piece"—he said, "Yes, I know I did."

Cross-examined. This was the only fourpenny piece in the drawer.

JAMES CONNELL (Policeman H 35). I was on duty 150 yards from the shop, and saw the prisoner and a female on the other side of the road, coming in a direction from Price's shop—they parted for about a second, but the woman turned back and joined him again—I took the prisoner by his left arm and said, "I shall take you in custody for passing bad coin"—he said, "What, do you mean at that sausage shop?" I said "Yes n—the woman stood there all the time—I said, "Do you know this woman?"—he said, "Yes, that's my wife"—I said to her, "I shall take you in custody also for being concerned with him"—I took them both to Price's shop, which the prisoner pointed out, and said, "This is the shop"—I went in with the prisoner, leaving the woman outside with another constable—I said to Mr. Price, "Have you seen this prisoner before?"—he said, "Yes, he has been in some few minutes ago and paid with this bad fourpenny piece" (producing it); "I know this is it because I had previously cleared the till"—the prisoner said, "I know I passed a fourpenny piece, hut I did not know it was bad"—we took them to the station and I afterwards received from the female searcher two bad half-crowns, 2 1/2 d. in bronze, and 1/4lb. of beef—one of the bad half-crowns is dated 1846, and I found one of the same date on the prisoner—I found on him three half-crowns, four florins, two shillings, and 1s. 10d. in copper, all good—he gave his address 20, Hop Gardens, St. Martin's Lane, and the woman gave the same address—the woman was discharged by the Magistrate on the second examination.

Cross-examined. The female searcher put the money on the desk, and the inspector tested it, and handed it to me.

TRIPHENA WHITE . I am female searcher at Leman Street Station—I searched Rebecca Sullivan, and found two half-crowns in her mouth, which I gave to the inspector, and saw him give them to Connell—I also found on her 2 1/2 d., some beef, and two keys.

WILLIAM WEBSTER . This groat is bad—these two half-crowns taken from the woman's mouth are bad, and from the same mould, which was made from one of these good half-crowns found on the prisoner—here are marks of plaster-of-Paris on it.

RICHARD POOLE . I landlord of 20, Hop Gardens, St. Martin's Lane—I have lived there 12 years—I never saw the prisoner there, and do not know him—Rebecca Sullivan's mother lives there, but she does not—the mother's name is Sullivan—my house is let out in weekly tenements. The Prisoner's Statement before the Magistrate. "I know nothing of the half-crown at all. I lived with the woman some months ago, and I met her that day 10 minutes after leaving the shop. I was going to take her and give her something to drink. When the constable told me I had been passing bad money I said 'I went into a sausage shop, do you mean there?' When I went back the man said 'You gave me a fourpenny piece.' I said 'I acknowledge giving a fourpenny piece, but I did not know it was bad."

GUILTY .— Twelve Months' Imprisonment.

1st March 1880
Reference Numbert18800301-256
VerdictGuilty > unknown

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256. WILLIAM CHALLIS (37) , Unlawfully uttering counterfeit coin.


CHARLES LEE . On 2nd February, about 11.15 p.m., the prisoner and three others came to my bar—one of them called for some beer, and the prisoner called for some gin and gave me a shilling—I tried it with my teeth, and said it was bad—he said it was not, and I went to call my father, but could not make him hear—I went to the kitchen door, and when I came back they were gone, leaving the gin—after we had closed West came and I gave him the bad shilling and went to the station, where I saw the prisoner.

JOHN HENRY MORGAN . I keep the Gun, Well Street, Hackney, about two minutes' walk from the Rising Sun—on 2nd February, about 11.20 p.m., the prisoner came in with Watson and two others, and called for a pot of ale—they then began sparring and using bad language—I told them they would have to desist or go outside—Challis put down a shilling, which I accidentally dropped into the farthing bowl, where there was no silver—I gave him 6d. change—they wasted most of the ale and left—I then found that the shilling was bad, and afterwards gave it to 528 N—I was fetched to the station next day, and picked Challis out from eight or nine others—I saw Watson taken outside the police-court on the 10th—this is the shilling (produced).

MARGARET PARTRIDGE . I am a widow, and keep the Palmers ton public-house with my partner, Miss Spencer—on 2nd February, about midnight, the prisoner and Watson and a third man came in and the prisoner tendered a shilling to Miss Spencer for a pot of ale—she bent it and gave it back to him—their language was very bad, and I said that it was not allowed, and I should have to eject them—Miss Spencer is ill—they threw the shilling from one to the other—it bent very easily on the counter without the tester—I gave Challis in charge, and the others left—there was only one policeman—I saw Watson at the police-court a week afterwards, but there was no one there and he walked out, but somebody took him in custody—my potman's name is Phillips—Reuben Dam was in the bar.

REUBEN DAM . I was in the bar of the Palmerston and saw the prisoner and three others come in—Miss Spencer served them—the prisoner tendered a shilling, she bent it on the counter, told him it was bad, and gave it to him back and took away the beer before he had any—they tossed the shilling to one another; the prisoner knocked it on the floor, and Watson picked it up—they used bad language, and Miss Spencer told the potman to tell them to

leave—they went outside swearing—the potman went out—I heard a row, and went out and saw Challis holding Phillips by the throat, and Watson kicking him—Challis was given in custody, and the others were let go—the Gun is about a minute's walk from the Palmerston.

Cross-examined by the Prisoner. I an sure you had hold of the potman by the throat.

ROBERT PHILLIPS . I am potman at the Palmerston—I saw the prisoner and Watson there on the night of 2nd February—I saw Miss Spencer bend a shilling, but did not see it tendered—Mrs. Partridge was then speaking to the prisoner—I saw them pass the shilling to each other, and saw Watson pick it up—after they left I went outside to get round to the other bar, and Watson caught me by the throat, and Challis kicked me on the legs—Challis was taken in custody—I struggled about five minutes.

Prisoner. The other witness said that it was me who took you by the throat.

HENRY WEST (Policeman N 581). I was called to the Palmerston, and saw Challis in the act of striking Phillips, but I prevented him—Watson was standing by his side—I was in uniform—Watson pushed me away, and said "You are not going to lock him up"—Challis went away, and I went after him and brought him back—he put his hand in his trousers pocket, pulled out three sixpences, and swallowed them—I took him to he station, and found a shillingsworth of bronze coin on him—I was alone, and the other men got away—I received this bad shillings from Lee, and this one from Morgan—they were remanded for a week, and Lee then came up and pointed out Challis as the man who passed the coin—I took Watson on the 10th outside the Court, and told him the charge—he said that he was there.

Cross-examined. I distinctly saw the three sixpences when you tried to pass them to Watson—I did not open your hand; I had not the chance—I had hold of you.

WILLIAM WEBSTER . These two shillings are bad. The Prisoner's Statement before the Magisrate. "My cousin changed a sovereign at the London Spa, Exmouth Street, and gave me 10s. in silver and if there was any bad money it must have been among it." The Prisoner produced a written defence repeating the same statement, and called.

ROBERT WATSON (In custody). On 2nd February I was going through Cutler Street to a tea warehouse, and met Challis—we went to Castle Street to see if there was any chance of work there—we met his cousin in Thames Street, who he had not seen for two years, who asked his sister's address, and changed a sovereign and gave him 10s. worth of silver—we then walked to Hackney, and were in one public-house three or four hours—I am as innocent as I can be—that is all I know about it.

Cross-examined. I am a paper-hanger—I have been in custody three weeks—I had been four days out of employ—I went with Challis and his cousin to the Rising Sun—I have known Challis five or six years, but had not seen him for 18 months—we were drinking from 9 a.m. to 11 p.m. and playing at skittles—one house was at Hackney—we were at the Horns, opposite Shoreditch church, about 11 o'clock—that is the only house I can tell you the name of.

GUILTY . He then PLEADED GUILTY** to a conviction of a like offence in March, 1879.

1st March 1880
Reference Numbert18800301-257
VerdictNot Guilty > unknown; Guilty > unknown

Related Material

257. WILLIAM CHALLIS was again indicted with THOMAS WATSON (30) for unlawfully uttering counterfeit coin.

The evidence of the witnesses in the former case was read over to them from the short-hand notes, to which they assented.

Watson's Statement before the Magistrate. "I was with Challis, and saw his cousin give him 10s. in silver. I only had 71/2 d."

Watson's Defence. If I had been guilty I should not have gone to the police-court to throw myself in the way of being taken in custody.


CHALLIS— GUILTY .— Two Years' Imprisonment.

OLD COURT.—Tuesday, March 2nd, 1880.

Before Mr. Recorder.

1st March 1880
Reference Numbert18800301-258
VerdictGuilty > with recommendation

Related Material

258. JOHN MARTIN WALL (39) , Unlawfully conspiring with Henry Woollett (not in, custody) to defraud his employers, Frederick William Blunt and others.

MR. BULWER, Q.C., with MR. GILL Prosecuted; MR. FULTON Defended.

FREDERICK WILLIAM BLUNT . I am a partner in the firm of Hawkes and Co.; the firm consists of myself, Mr. Wigan, and Mr. Stephens—we have a brewery at Bishop's Stortford—that business came into out possession in 1876—the prisoner was engaged by us permanently about January, 1877 as an accountant at a salary of 400l. a year—he came originally from London, where he was practicing as an accountant, in order to open the books on a new system which we had instituted—one of his principal duties was the checking of the agents' accounts—he was occupied entirely at the brewery at Bishop's Stortford—in June, 1877 we established an agency in London, with offices at St. Pancras Station—up to October last a man named Henry Woollett was out London agent—he entered our service in 1877—he was first mentioned to us by Wall, he went to London to see Woollett and to obtain references from him—he wrote to three people whom Woollett referred to—we had two answers—I have not been able to find the third—they were considered at the time to be satisfactory—we have since made inquiry about them—we have ascertained that one of them was a reference to himself and signed by himself in another name, and the third one, to which I could find no answer, was also written by himself under a different title, and another business—Woollett superintended our London office and the London business—his duties were to solicit orders, obtain customers for the firm, and collect money—we arranged with the bankers at Bishop's Stortford that Barclay and Bevan, the London agents, should receive it, and his duty was to pay it in to Barclay's—it was also his duty to forward to Bishop's Stortford a daily sheet—there were two sheets, one to show the sales, and another called the cash diary to show the moneys received—this (produced) is a form of the cash diary—these shects would be addressed to the firm, but it was arranged that the letters from the agents should be opened by Wall in the absence of the principals; at the end of each week Woollett sent a weekly advice note, which should set out the moneys paid in during the week to the credit of the firm at Barclay's, and that of course should correspond with the moneys received, as shown by the diary—these forms were supplied to Woollet by us—we had special forms of printed receipts, with counterfoils, in books, numbered consecutively—those receipt

books were given out by Wall, and he kept a register of what he gave out, and to whom they were given—it was Wall's duty to see that the counterfoils tallied with the receipts, as stated in the diaries; there is a column there for that purpose—upon the application for a new receipt book, Wall should have required the used up one to be given back, and should have recorded the issue of the new one—it was his duty at the end of each week to check the daily diary sheets with the weekly advice notes, and also to check the advice notes with the cash book, to see that the money had really been paid in—we balance our accounts on 31st July each year, and it would be Wall's duty, as shortly after as possible, to balance the various books, to extract the balances, and to lay before the partners the statement of the balances from his summary ledger, which contains a short statement of the totals of the monthly balances—that was a locked book, it was kept entirely by Wall, I mean all the writing was his—it was generally in his custody—he had a key, and the partners had a key—he had a room to himself in the brewery opposite the partners' room up stairs, and the book was generally kept there—the agency letters were in foolscap, with the word "agency" printed in the corner—on 22nd October Mr. Wigan showed me a copy which he had made of a letter of Woollett's, addressed to Wall, and marked "Private," but which Mr. Wigan had opened—we do not recognise private letters coming to the brewery, they are supposed to be on business—up to the time I saw that letter I had no reason to suppose that Wall and Woollett were on intimate terms, or had any business transactions between them—shortly after that letter was shown me this paying in slip (produced) came into my hands—Mr. Wigan showed it to me; it refers to a draft of Mr. Turnham's for 250l., paid in by Woollett, dated 16th September, 1879—we had lent Mr. Turnham 500l.—on seeing this I turned to the pass book, but could find no trace of that sum—we then called Wall into our room, and the three partners spoke to him—we first asked him when Woollett last paid in any money to our credit—he said he did not know—we asked when did he last advise the payment in of money—he said he did not know—we asked him to fetch his latest advice—he said "I don't know what form of advice you mean"—we then sent for a form of the weekly advice note, and showed him, and he said "Oh, Mr. Woollett has discoutinued using these forms long ago"—we said "How long?"—he said "Several months"—I then showed him the paying in slip—I then knew that it was not in the pass-book—I asked him how long it was since Woollett had paid in any money—he went to look, and said he had not paid in any since the end of July—we then asked what balance was in Woollett's hands at the end of July—he went out of the room to his own room, and came back in a minute and said 50l. and some shillings—he would ascertain that by looking at the summary ledger—I asked why he did not call our attention to the non-payment sooner, and Mr. Stephens said that what he had stated left no doubt on his mind that he had been in collusion with Woollett—Wall very much resented that expression—we did not prolong the interview because Mr. Wigan and I resolved to come to town by the next train to see Woollett—before doing so we looked at the pass book, and found that the last entry with Woollett's name against it was the end of July—Mr. Wigan and I then went to London and saw Woollett at the St. Pancras office—we asked him when to he had last paid in money, and why he had not advised payments in—he said that he had paid in everything up to October, and that he had regularly

advised moneys on these forms, and he showed us his press letter book—this is it (produced)—he showed us five press copies in the form of these advice notes, dated subsequent to July, and said that he had sent the originals to the brewery—the five he showed us were 5th, 11th 18th, and 25th August, and 15th September—we said it was so extraordinary that he must accompany us to Barclay's bank to ask them, and he went with me in a cab to Barclay's, where we saw two of the cashiers, and asked them for information of the latest payment in by Woollett—they referred to the books and said that the 25th or 26th July was the last payment, and the account tallied with the last payment that we had found in our pass book with his name against it—Woollett still persisted that he had made other payments—I took him back to the office when Mr. Wigan was, and we suspended him at once, and told him to come the next day to meet us—it was then late in the evening—before leaving we asked him what amount he had not paid in, or not accounted for, and after being pressed a good deal he said he had 116l. which he had not accounted for—the amount of the five copy advice notes he showed us was 545l. 13s. 11d.—we insisted upon his leaving everything behind him in the office, his keys, a bag that he carried about with him, and everything—we asked him for his own pass book—he had a private banking account at a bank close to the office—he looked for it in a drawer, and said he had not got it—after he had gone out of the office I found it in a waste paper basket at the side of the chair where he had been sitting—he had also shown us two cheques payable to Wall of 100l. each, dated 3rd and 16th July, with Wall's endorsement on them, and also a cheque of 126l. 1s. 4d. to the firm, the last one he paid in in July, which was endorsed in the name of the firm by Wall, which he had no authority to do—those cheques were drawn by Woollett on his own private account at the National Bank, King's Cross—an agent was not allowed to draw on his private account to pay in moneys received from customers—we had occasionally received cheques from him drawn on his account, but they were payments of an exceptional character, not for customers' moneys, those he was ordered to pay in direct to us—we found several loose receipts in his bag, and four or five in the table drawer, and receipt books mutilated, some had whole pages torn out, also some letters from Wall wholly unconnected with business, and some telegrams from Wall to Woollett, also the counterfoil book of the paying in slips of the National Bank—we found from that that large quantities of customers' money had been paid in to his account there; in fact, we found that he had made the payments in to Barclay's general! from his own account instead of the money being paid in direct—two of the telegrams are dated 1st August and 17th October, 1879, referring to interviews not on the business of the firm—we found this letter of 18th August from Wall to Woollett (This referred to some negotiation for the purchase of a brewery by the prisoner; that he had secured 30,000l. and would want from 5,000l. to 10,000l. more, and inquired whether he could depend upon Woollett for some)—amongst Woollett's papers we found the lease of a brewery at Croydon to Woollett, and an agreement for the purchase of a wine business in Mount Street—we afterwards found cheques which had been given in payment, to the amount of 700l.—that referred to a brewery at Croydon; he had given that for the goodwill and plant to the former proprietor—we also found a number of cards and other things that he had

had printed for this brewery, with the name of Woollett and Co. as trading there—the brewery to which Wall's letter refers is a different one altogether—Woollett was paid partly by salary and partly by commission; I think it came to about 350l. in the last year—on the morning of 29th October I came up again—I did not see Woollett that day, and I went back to Bishop's Stortford—on the 30th I went to Wall's private room in the brewery, and there found these seven cash advice notes in the secretaire, which he kept locked, they were under a number of other papers—they were the five of which Woollett had shown us press copies—on the one of 15th July I find an addition of some figures amounting to 1,050l. It. 4d. it which is the true balance that was in Woollett's hands on 31st July, 1879—some advice notes were afterwards found by a clerk in the strong room, one of them is the last one on 15th September for 249l. 9s. 9d., the others were all of antecedent dates—we afterwards examined the summary ledger, which is here; we added up the figures, and found the amount against Woollett to be, not 50l. 1s. 4d. as Wall had represented, but 1,050l.—Woollett had in the meantime sent us a statement of his deficiency, through his solicitor, amounting to about 1,800l.—upon examining the ledger we found that it was an increased deffciency month by month—Wall had never said a syllable about it—the cheque for 126l. 1s. 1d. of 30th July was forwarded by Woollett to Wall in an advice note of the 29th—I was at the brewery all day on the 31st, the date on which the cheque was actually paid in to our account, it was market day—if that cheque had been handed to me for endorsement I should probably have asked what it represented, and wished to see the letter in which it was enclosed—this is the letter (produced)—from 31st July Woollett never accounted for any moneys received from customers—the amount of our deficiencies altogether is over 3,000l.

Cross-examined. Woollett was first mentioned to us by Wall—we were desirous of opening a London agency and of meeting with a person who would be likely to carry out that view—I have no recollection of any advertisement—Wall was sent to London to make inquiry about him and he was engaged subject to references—the references were written for by Wall, and answers were received which were thought satisfactory at the time, and he was engaged—he did a very fair amount of business, about 6,000l.—his salary was 150l. a year and 5 per cent. on custom introduced by him, with certain exceptions—part of Wall's duty was to check the receipts with the counterfoils—Wall kept the receipt books—I believe towards the close of the time Wall gave the books to the cashier—it would be Mortlock, the cashier's duty to compare each entry with the receipt book with regard to the home trade, but not with regard to the agency—it would be Mortlock's duty to post up the cash book from the pass book—the cash book was kept by Mortlock—there is no entry of moneys having been paid in by Woollett after July—as Mortlock is out of Court I may perhaps say he is more honest than clever—he has explained why he did not call our attention to the fact—our accounts are made up for the year on 31st July—our turn over is considerable—it takes a considerable time to find the balances—the accounts were not completed on 28th October, when I had the interview with Wall—the posting in the summary ledger is in pencil, not in ink—there was no reason why it should not have been done, except from his desire to conceal that he was far behind his time in that part of the work—he had been asked fcveral times for these balances—on 28th October I asked him what was the

state of Woollett's account—he went out and returned in two or three minutes, long enough to cast up rows of figures—he is a particularly accurate accountant, and I never knew him make a mistake of 1,000l.—brewers' accounts are paid in 28 days as a rule—we had no suspicion of Woollett till this discovery—Wall had no testimonials or references when he came into our service—he was known to Mr. Stephens, my partner, when he was in Allsop's brewery; but I have ascertained that he was discharged summarily from a brewery where he was engaged in the interval, Mesas, Sedgwick's at Watford, because there was something wrong in his accounts—I made inquiry at the brewery myself, and that was the answer I obtained' Mr. Stephens of course was quite ignorant of that—the cheque of 31st July was paid in to our credit and duly appears—I last saw Woollett on 30th October—I took out a warrant against him on that day, but nothing was heard of him—we made every inquiry, offered rewards, and had circulars sent all over the kingdom—I don't think anything but the letters and two or three telegrams were found on Woollett's premises showing a connection between him and Wall—one of the letters refers to the purchase of the Brentford Brewery—I do not know Mr. Sedgwick's writing. (Mr. Alfred Hutchings, of 4, Baker Street, here deposed to the letter being in Mr. Sedgwick's handwriting, which was dated 23rd January, 1875, and sated that Wall was a thorough accountant and very trustworthy.) Wall came into our service at the latter part of 1876—I know Woollett's handwriting—these letters from him to Wall are not all marked "Private"—these confirm what I have said, that Wall had interviews with Woollett before he was engaged—I had a guarantee of 500l. from the Guarantee Society with respect to Woollett—it was on 28th October that I had the conversation with Wall about Turnham's draft for 250l.—Mr. Wigan made that inquiry—this was received, I suppose, the next day, if it was enclosed in a letter dated 16th September—I believe Wall went away for his holiday on 15th or 16th September—I think he was absent a fortnight—he was absent when that letter arrived containing that paying in slip—in the absence of the partners Mortlock would be allowed to open the letters—I have no recollection of having opened it—a letter was written to Woollett inquiring why the money did not appear, and his answer was that there had been something irregular in Turnham's cheque, and therefore the bankers would not accept it, and he had to wait for a fortnight while Turnham had gone away to Lowestoft before he could get it set right—no doubt the cashier referred to the pass book at Tufnell's, but he did not report it—I can't say that I ever referred to the summary ledger in a systematic way—I have looked at it occasionally, perhaps once in two or three months—I don't think I ever looked at it by myself, it was simply when I have been asking Wall about it—Mr. Stephens used generally to communicate with Wall as to the summary ledger—it must have been apparent to Wall month by month that the credits were largely in excess of the debits—Wall was placed in supervision of these agents for the express purpose of a systematic supervision being kept of them, and we considered that anything wrong would be brought to us—the daily'diaries were sent down every day with the amounts received from customers—they are all pasted into a book by the office boy—we had no means of knowing what amounts were received by Woollett except by the aid of the diaries—if Wall had compared the ledgers with the publicans' accounts he would immediately have discovered this—

woollett came down to Bishop's Stortford from time to time with the publicans' accounts for the purpose of verifying the ledgers with Wall, and Wall ought to have insisted upon seeing the publicans' books with Woollett's receipts in them—with the exception of the two sums of 100l. we know of no money received by Wall from Woollett—Woollett failed to pay in accounts corresponding with the amounts which he admitted he had reeeived—there were additional frauds of Woollett's with which we do not charge Wall having anything to do—the deficiency varied from month to month.

Re-examined. Woollett was engaged in May, 1877—the testimonial as to Wall was from Mr. Sedgwick—I believe there was more than one Mr. Sedgwick in the firm—the active partner is now in an asylum—I saw one of the managing clerks—I don't know his name—he told me what I have stated—I have, of course, no means of knowing whether it was true—our clerks had been prohibited more than a year ago from endorsing cheques in the name of the firm—we considered Wall at the head of the office at Bishop Stortford, and we so informed him—he was next to the partners and our right hand man—if our books had been kept in the way I have described it would have been impossible for these deficiencies to have escaped notice—the system is a very detailed and a very complete one, and if properly carried out it would be impossible for any fraud to be committed by any one person—it is only fair to say that we do not state that Wall would have known of the entire amount of 3,000l.—the amount of which he should have informed us would have been a little under 2,000l., the other was through forgery of Woollett's which he did not know of—Wall did not inform us that either he or Woollett contemplated the purchase of a brewery or a wine business—we had no idea of such a thing—Woollett was a man in trust and authority.

By the COURT. Woollett began to defraud us very shortly after he came, and Wall during the year ending 31st July, 1879—he allowed Woollett to get more and more into arrear until he ceased to pay in at all.

GEORGE MEYRICK . I am in the employ of Messrs. Barclay, Bevan, and Co.; they are agents for Sparrow, Tufnell, and Co., of Bishop's Stortford—we were in the habit of receiving sums of money from Woollett paid to the account of Messrs. Hawkes at Sparrow's—we did not receive any money from him on 28th July, or 5l. 11s. 8d. on 25th August or 15th September, or 249l. 9s. 9d. on 13th September—the last date of any payment by Woollett was on 24th July—I was at the bank when Mr. Blunt brought Woollett there and confronted him with me.

JAMES WIGAN . On 22nd October last I found a letter addressed to Wall from Woollett, which I opened in Wall's absence—on 28th October we want to town and seized Woollett's papers, and among them were these two cheques for 100l. each—up to that date I was not aware of any money transactions passing between Woollett and Wall, or that Woollett was negotiating for the purchase of a brewery or wine business, or that Wall was negotiating for the purchase of a brewery; if I had been I should have shown him the door immediately—on 29th October I went to Wall's office with my partner, Mr. Stephens, and in his presence I asked him whether he had had any money transactions with Woollett—he said "No"—I then pressed him, and said "Do you mean to tell me that you have had no money transactions at all with Woollett?" he replied that Woollett had lent him 200l.—we then had the two 100l. cheques in our possession—

Woollett had said that the money had been repaid, but Wall said it was still owing, and on that I went into my room and wrote a letter to Wall to tell him on no account was he to part with that 200l. without my sanction—Wall endorsed a cheque on 31st July in the name of the firm—we had never authorised him or any person in our employment to use the name of the firm on the contrary, finding that such a practice had existed with the old firm, we expressly forbade it.

Cross-examined. This (produced) is the letter in which I enclosed Woollett's letter to Wall—that letter gave me some notion of his relations with Woollett—if I had discovered that he was endeavouring to set up a brewery for himself I should certainly have shown him the door; he was engaged for us, and it would have been wrong for him to negotiate with Woollett for a business on his own account while he was receiving our pay—there was a brewery at Brentford which was for sale at that time—it has since been sold—I believe I was absent on my holiday on 31st July—I don't suppose I referred to the summary ledger twice in the year, never by myself—I have asked Wall to come in and give me information once or twice—we generally wind up our business on 31st July—it ought to he wound up within about two months; it had not been completed that yer on 28th October—Wall had been spoken to about it when he absented himself without leave on 21st or 22nd October; that was about the time when the Brentford brewery was in the market—I did not know him before he came to us; Mr. Stephens had known him at Allsop's, but he had lost sight of him for some few years—he discharged his duties in the usual way—I had a conversation with Mr. Mortlock relative to Turnham's cheque—I believe Wall was away at that time—I told Mortlock to make inquiry about it—I don't remember that I ordered the cash-book to be produced, or that I referred to Tuffnell's pass-book—I did not ascertain at that time that nothing had been paid in by Woollett since 31st July—I did not refer to the cash-book to ascertain—I know now that there is no such entry; I did not know it at that time—Mortlock kept the cash-book; he did not enter it up from the pass-book, it was simply compared with the pass-book—I know it was not made up from the pass-book—if cash was advised' it was Wall's duty to take the cash advice to the cashier, and the cashier would enter it in the cash-book, then it would find its way into the pass-book; but as a matter of fact from time to time the cash-book and pass-book was or should be compared, but unfortunately not to the extent it should have been by Wall—Wall did not keep the cash-book, but he had access to it, and frequently had it in his possession—it was the duty of the cashier to keep the cash-book, ledger, and receipt-book, and conduct the general correspondence—the London agency receipt books were kept by Wall—the others were sent by Wall to each agent, and they never returned them till they were filled up and done with.

Re-examined. On 21st October Wall sent a letter stating that he wished to be absent two days on important business; but he was not absent, he came next morning in a very excited state, and said something about the 30,000l.—he went to town on the 22nd.

JAMES JOHN MORTLOCK . I am cashier to Messrs. Hawkes—I kep the cash-book—I got the materials for doing so from the cash diary sheets—I was supposed to have them every day both from the office and the agencies and the travellers, except the London agency, that I did not have

from the cash—sheets—I got the materials for mating the entries in the cash-book from the bankers' pass-book—I did not get the weekly letters, they came through Mr. Wall; he did not hand them to me—as far as the cash-book was concerned, I merely had to put the amount in the bankers' pass-book and place it to the London agency in one lump sum—my only material for making up the cash-book was the bankers' pass-book at Stratford—the weekly advice notes containing amounts of money paid in by Woollett to Barclay's never came into my possession—they were kept by Wall and placed in a guard book, or should have been—if I wanted to make any inquiry about the London agency, or any agency, I should go to Wall—he always had access to the cash-book and pass-book—I remember on 31st July Wall giving me a cheque for 126l. 1s. 4d. that had been received from Woollett about that time—I paid that into the banking account with other cheques—I did not notice at the time that it was made payable to Hawkes and Co.—I know that Mr. Blunt was at Bishop's Stortford on 31st July—it was market day—I used to endorse cheques under the old firm, and I continued that course until the present firm said they should better come before one of the principals, as many were doing it—that was a general order.

Cross-examined. Sometimes if a cheque was paid late it was not paid in till the following day—I said before the Magistrate that it would be deniable that all cheques should be paid into the bank before the close of the half-year—my duties were to take orders from Wall, who was my superior—it was not my duty to check the cash advices—I was communicated with by the firm as to the cheque of 16th September, and I searched the cash-book; there was no entry of it—I did 'not call the attention of the firm to that, because I did not notice it—there was no entry in the pass-book—I did not know but what it might come through some other channel—I had implicit confidence in the prisoner—you won't find remittances every day or every week—these sums were paid through Sparrow's bank, and my duties were not to look after the London agency; that was the prisoner's department, not mine—we were very much pressed after 31st July in making up the books of the firm, and the ordinary duties were very much increased; they were kept up, they might be a little behind—of course, if I knew then as much as I do now I should have noticed the entries in the pass-book—I knew nothing of Woollett; I never saw him but once or twice—the endorsement on the 121l. cheque was brought to the knowledge of the firm on 28th October; nobody suggested it was a forgery at the time—that was the first I heard of it—I acknowledged the receipt of it to Woollett, and paid it in to the account of the firm at Sparrow's, and it came into the accounts of the current year.

Re-examined. I had no communication at all with Woollett, only to acknowledge the receipt of anything—the moneys received by Woollett were paid into Barclay's bank in London, and would be entered to the account of the Bishop's Stortford bank—I should have the pass-book of the Bishop's stortford bank, and from that I made up my book—all London agencies were marked "Woollett" at the side—they would come to me in a lump sum—it was Wall's duty to check the gross amount with the documents handed to him—that was no part of my duty—there was nothing to call my attention to the fact that Woollett had not been sending in any moneys after July—in making up the accounts as regards the agencies I did not touble myself as to who paid in the money.

By the COURT. As far as my cash-book was concerned in every case, except the case of agencies, I had all the materials in the office from which I made it up—as to Woollett's agency, I had no materials except those furnished by Sparrow's through Barclay's.

WILLIAM CHARLES WILCOX . I am a clerk in the employment of Hawkes and Co., of Bishop's Stortford—in consequence of instructions from Mr. Wigan, on 18th November I searched the strong room, and pushed up against the wall, at the back of the strong room, among a number of other dirty papers, I found these 16 weekly cash advices from Woollett—another clerk found a number of paying-in slips by the side of them.

The prisoner received a good character.

GUILTY. Recommended to mercy by the Jury on account of the small benefit he received, and his previous good character .— Six Months' Imprisonment.

NEW COURT.—Tuesday, March 2, 1880.

Before Mr. Common Serjeant.

1st March 1880
Reference Numbert18800301-259
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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259. MARY STEWART (33) PLEADED GUILTY ** to stealing a purse from the person'of Anna de Sterke, after a previousconviction.— Five Year' Penal Servitude. And

1st March 1880
Reference Numbert18800301-260
VerdictGuilty > pleaded guilty

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260. FREDERICK JOHN CHILVERS (35) to feloniously marrying Catherine Elizabeth Blake, bis wife being alive.— Four Months' Imprisonment. [Pleaded guilty: See original trial image.]

1st March 1880
Reference Numbert18800301-261
VerdictGuilty > with recommendation

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261. WILLIAM RICKARD (28) , Unlawfully uttering a medal resembling a sovereign.


LOUISA MAYFLEET . I am barmaid to George Clark, who keeps the Bleeding Heart, Holborn—on 7th February, between 1 and 2 p.m., the prisoner came in and said, "Please, miss, give me change for a sovereign," and handed me this medal (produced)—I said, "It is bad," and handed it to Mr. Clark, who was close by, saying, "This is not a sovereign"—Mr. Clark held the prisoner and took him outside.

GEORGE CLARK . I keep the Bleeding Heart—on the 7th February the last witness showed me this coin, and I said to the prisoner, "Where did you get this sovereign from?"—he said, "From Harley's, the bookbinder's'—I said, "Do you mean Mr. Harley, the bookbinder, in the street?"—he said, "Yes"—I went there with him and my potman, and when we got there he said, "It is all up, you may as well give me in charge at once; I should not have done it only I have been so long out of employment"—I gave him in charge with the coin—he was sober.

JOHN BRESNAHAN (Policeman G 218). Mr. Clark gave the prisoner into my custody with this medal—he said, "It is a bad job, I did it"—I found 1s. 6d. in silver and 4d. in bronze on him good money.

WILLIAM WEBSTER . This is a Hanover medal or whist marker—it is not worth a farthing.

The Prisoner called

MARY ANN BISHOP . I am married—my nephew, who is engaged in the post-office, bought this medal in Crisp Street, Poplar, and gave 1d. for it—it was lying about the place and was the subject of conversation how much it was like a sovereign.

Prisoners Defence. I did not know it was bad: I found it where I am lodging when I was turning a cupboard out, and took it to be a sovereign.

GUILTY . Recommended to mercy by the Jury."— Three Months' Imprisonment.

1st March 1880
Reference Numbert18800301-262
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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262. GEORGE HARRIS (25) , Breaking and entering the dwelling-house of Walter Purkiss and stealing therein a watch, a jacket body, and other articles, his property.

MR. MORICE Prosecuted.

ADA PURKISS . I live at 1, Buck's Row, Whitechapel—on 5th January, about 8.30 p.m., I tried to open the door with a latch-key but could not, as it was bolted inside—I heard some one coma downstairs and than I called "Police," and Mr. Tedder came to me.

Cross-examined by the Prisoner. I did not get in till after you went to the station, which was a quarter of an hour—a young man got into the house and let me in, but they had got you before that.

WALTER TEDDER . I live at 5, Underwood Street—about 8.30 p.m. I was coming down Buck's Row and a young woman called out to me for help—I went across and saw one of the burglars drop over the gateway by the side of the house—I caught him but cannot identify him—another man helped him to escape—I broke open the back door and then opened the street door, after which the parlour door slammed—I saw the prisoner drop from the wall of the adjoining house and run into Baker Street—a constable took him—it was the man who was watching outside who helped.

Cross-examined. I saw you on the wall, but did not see the constable take you-15, Little North Street adjoins 2, Little North Street, and l, Buck's Row is the adjoining house at the back.

PATRICK O'CONNELL (Policeman K 365). On 5th February I was ealled and saw Ada Purkiss outside the door—I forced the door open with a stick and searched the house but did not find anybody—I then went to No. 7 and saw the prisoner on the back wall of No. 1—he jumped over into the garden of No. 15—the two back yards adjoin—I got oyer the wail and followed him and he was detained by two men—I took him and charged him—he aid, "All right, I will come with you."

Cross-examined. 15, North Street and 1, Buck's Row are back to back, Walter Purkiss. I am a carpenter, of 1,'Buck's Row—on 5th February I left home about 5.30 and returned about 10.15—I found the house had been broken into and several pairs of trousers, some coats, a clock, a watch, and several other articles were missing, value 10l.—I saw them all at Bethnal Green Station except the watch.

THOMAS ELSLIE (Policeman K 36). On 5th February, about 8.3, I went to 1 Back's Row and found the back kitchen window forced open—they had entered there and taken a coat from behind the front door, and had gone up to the front bedroom, opened a chest of drawers, and taken four coats, four pairs of trousers, three vests, and a jacket body, and this clock from the mantelshelf, and pulled this sheet from the bed and tied up the whole of the things in it except the watch, and left them on the bed—I found this jemmy in the back room—I found it fitted some marks on the windows—one of the coats was found downstairs.

ELLEN COTTIS . I live at 14, Little North Street—on 5th January, between 8 and 9 p.m., I heard an alarm of thieves—I went out but did not

sco any one—I took a little spirit lamp, got on the dust-hole, looked over the wall, and saw a man crouching down between two cisterns, either kneeling or lying—I said, "Come out of there," and he came across the wall into the yard on my side and fell on his knees and said, "For God's sake let me go through; I have a wife and two children, and I am starving, being out of work 19 weeks"—it was the prisoner—I said, "What business had you up there?"—he said, "I will tell you; I came to rob a house"—I said, "Oh, you did, then you will not go out of here"—he put his hand in his pocket and said, "I will give you all the money I have got if you let me go"—I said, "No, you will not go out of here," and I got him into the passage and held him till a constable came.

Cross-examined. I said at the police-court that it was on Wednesday, but I was very much upset and agitated—it was Thursday.

Prisoner's Defence. The witness said at the police-court that it was Wednesday, and now she says it was Thursday; if she makes a mistake in one thing she is liable to make a mistake in another.

GUILTY . He then PLEADED GUILTY** to a conviction in April, 1873.— Eight Years' Penal Servitude.

The Court ordered a reward of 3l. to be paid to Ellen Cottis.

1st March 1880
Reference Numbert18800301-263
VerdictGuilty > unknown

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263. FLORENT D'HUYGELAIRE (50) was indicted for a libel on Gabrielle Lambert.


JOSEPH WATSON . I am an estate agent of 24, Langham Place—I am the owner of 18, Nassau Street, and the prosecutrix, Mrs. Lambert, is my tenant—on 31st January I received this letter. (This was dated January 30th, 1880, and signed F. D'Huggelaire, inquiring the name of the lady who lived in the parlours of the witness's house, as he wished to take proceedings against her for having decoyed young girls there for immoral purposes and was turning the house into a brothel.) I immediately gave the prosecutrix notice to leave, and went to the house myself—she was a weekly tenant, and had been there four or five months—I had had no previous complaints.

Cross-examined by the Prisoner, through an Interpreter. I never asked you if you knew Madame Gabrielle—my clerk, Mr. Watts, did not tell me I should get into trouble by keeping such characters in my house—I only saw you once, and that was when you called at my house to substantiate your letter—I know nothing about her walking in Portland Place every night for immoral purposes—you never asked me to go with you to see her walking the streets, nor did I take the slightest trouble to go to Portland Place to see whether there was any truth in it—she is in the house now—I did not act on the notice.

Re-examined. I afterwards saw the prisoner and said, "Is this your letter?"—he said, "Yes, I can prove every word that is in it."

GEORGE CHAPMAN . I am Mr. Watson's clerk—I went by his instruction to the prisoner, and saw him at his house in Mortimer Street—I showed him the bottom part of this letter, and he said, "That is me, step inside," and asked me into his room.

Cross-examined. I did not tell you that old Watson would get himselfi one day into trouble for keeping bad women in his houses—I said, "You on have made a very serious accusation; if what you say is true I am to order the people to leave the house instantly"—you asked mo to go with you to Regent

Street, but I said that it was not my business—I asked you if you would come and make good your statement as made in the letter, and I said, "Mr. Watson has left town to-day, will you come on Monday morning?"—you offend to come at once, but I said that it was too late—I showed you your own signature to the letter—no one pushed you out of doors.

GABRIELLELAMBERT. I occupy the front parlours at 18, Nassau Street—I had this letter read to me—I am the person referred to in it.

Prisoner's Defence. I declare to God I never wrote that miserable letter; 1 could not write an English letter if you were to give me thousands of pounds.

GUILTY .— Two Months' Imprisonment.

FOURTH COURT.—Tuesday, March 2nd, 1880.

Before Robert Malcolm Kerr, Esq.

1st March 1880
Reference Numbert18800301-264
VerdictNot Guilty > unknown

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264. WILLIAM STREETON (33), GEORGE STREETON (42), and FREDERICK LEE (32) , Robbery on Edward Newton, and stealing a witch and chain his property.

MR. POLAND and MR. HORACE AVORT Prosecuted; MR. THORNE COLE appeared for William Streeton, MR. FRITH for George Streeton, and MR. WARNER SLEIGH for Lee.

EDWARD NEWTON . I keep the Railway Hotel, Hornsey—about 3 p.m. on Monday, 19th January, I left home and went to 61, Beaconsfield Road, Tottenham—I was there about half an hour in conversation with a barmaid, and then went to the Victoria public-house at the corner of Hanger lane, which is kept by Mr. Colston—I there talked with Mr. Colston and one or two others—I got there about 5 o'clock—I then went outside and aw the prisoners—I had not seen them inside the house I did not know them—William Streeton said "Are you going to Hornsey?" I said "Yes"—he side "We are going to the railway station, will you ride?"—they had a one hone trap, a sort of tradesman's cart—I got in—William sat in front and drove, I sat on the right hand side, George on the left, Lee was behind—William drove towards the Green Lane,' Hornsey, where there is a railway station—when I had been in the trap about five minutes I received violent blows on my mouth and on each side of my nose and on my eye—the first two blows knocked me partly insensible—after that I saw them taking my watch and chain—I could not say which took it—I was wearing it in my waistcoat pocket—I was then sitting in the bottom of the cart—William Stretton chucked me out of the cart in the road in High Street, Hornsey—the other two had then gone—I called out "Murder" and "Police"—some people came to my assistance—I was assisted home—I to my senses—I remember no more till 6 or 9 o'clock—the doctor then attended me—my nose was cut, it is very painful now, and I have suffered great pain in the back of my head—I gave information to the police the erne night—it is about three miles from the Victoria, and three and a half miles from the Three Compasses, where I was thrown out, and not a quarter of a mile from where I live—hearing that the prisoners were in custody I went to the police court at Wood Green on 27th January—I there identified William and George Streeton from a number of other persons—I did not recognise Lee at first, but afterwards did so—I was sober, I had had 2d. worth of whisky and afterwards 3d. worth, that is all.

Cross-examined by MR. COLE. I know Mr. Lowe's farm at Hanger Lane

—that is two or two and a half miles from my house—I paid for 3d. worth of whisky at the Victoria, but I did not drink it, I did not require it—I am sure I only drank two glasses of whisky altogether—I called for a third which I did not drink—the evening was a little foggy—I saw no hay cart standing outside the Victoria—I treated a man called Middlesborough to ale there—he was an entire stranger to me—the police-constable took me to the station to identify the prisoners—I think there were 15 or 16 people in the room—I did not mistake Lee for a policeman—six or seven policemen were there—Clarke and Lucas were there—some of the policemen were in uniform and some in plain clothes.

Cross-examined by MR. SLEIGH. I picked out another man for Lee, but corrected myself, as the man was considerably shorter than Lee.

ELLEN BELL . I am a barmaid, and live at 61, Beaconsfield Road—I advertised for a situation—on the afternoon of 19th January, about 3.20, Mr. Newton came to see me about it—he was perfectly sober—I referred him to the Victoria for my character.

Cross-examined. He stayed with me about an hour—I had been employed at the Victoria.

THOMAS COLSTON . I keep the Victoria Tavern, St. Ann's Road, Tottenham—on 19th January, about 5 o'clock, Mr. Newton came about the character of a barmaid—he had 3d. worth of whisky, and chatted with me at the bar—a man named Tatham, who is known as Middlesborough, had a conversation with him—he paid for a second glass of whisky, which he did not drink—he was perfectly sober—he remained there not more than 20 minutes, if as long—I did not see him go—I went to serve some one else—I do not know the prisoners.

Cross-examined by MR. COLE. I thought Mr. Newton very particular—I did not say at the police court Mr. Newton was in conversation with Middlesborough about 10 minutes—I had seen Middlesborough is the neighbourhood some time before—the prosecutor treated him to ale—I have said I've never seen Middlesborough since the event, and thai be bad used my house for two months previously—I also said they left within two or three minutes of each other.

Cross-examined by MR. SLEIGH. Customers often order something and do not drink it, I have done it myself—Middlesborough is a car penter—I only know him as coming to the house—I first knew him the end of last summer.

WALTER TATHAM . I am a joiner, of 4, Sussex Terrace, Mark-field Road, Tottenham—on Monday, 19th January, I was in the Victoria, and saw Mr. Newton there—I knew him by sight—he treated me to a glass of ale—I was with him about a quarter of an hour—he left me there—he had 2d. worth of whisky—he left about 5 o'clock, I think, but I had no watch—he was perfectly sober—I have not seen him again till I saw him here—I want home directly, and got home about 5.30 or 6 o'clock.

Cross-examined by MR. COLE. I left about 10 ten minntes after Mr. Newton—I had not been in the house for two months before—while I was working in the neighbourhood I went there for my dinner—the last five weeks I have been working at Tottenham—I did not hear of the examination at Edmonton Police-court till Saturday morning—I heard a robbery had been committed, but I did not know who it was nor how it happened—Serjeant Lucas came to me last Saturday.

Cross-examined by MR. FAITH. I have not changed my address—I did not use the Victoria regularly—I have seen Mr. Underwood since, and he has not mentioned the robbery.

Cross-examined by MR. SLEIGH. I left Middles borough about three years ago—I have not been in this public-house every day for two months pre ceding 19th January, nor four days in the week—I trill swear I never talked with Underwood about this robbery—he is not here to-day—I do not always read the local papers—I never saw anything about this case till I was subpœnaed—I have not been at the Victoria from the 29th till last Saturday—I live about a quarter of an hour from this public-house—the house is 20 minutes from my work—I will swear I was at home by 0.15 on the night of 19th January—I have not been in the habit of driving in the neighbourhood—I was in a public-house near home on 29th January, the Prince of Orange—I could not say the time I was there—I cannot recollect talking to a drunken man there between 8 and 9 o'clock that I had seen at the Victoria—I believe I was at home then—I called at the Prince of Orange with Mr. Underwood and John Thurston, and had gome ale, then I went home to tea—I have not seen those persons since, nor the landlord of the Victoria, till yesterday, except last Saturday at his, own house.

Re-examined. Underwood lives in the same road as I do—Thurston is a labourer who called about a job.

WALTER WILLIAM ARBERRY . I am manager of the Black Boy, West Green, Tottenham—on 19th January, between 2 and 3 p.m. the prisoners came in a two—wheel trap, they had half a pint of gin and bitter—they stayed about a quarter of an hour—one of them asked me the Way 16 West Green Farm—I directed them to Wood Green Farm—that is about half a mile from my place—I saw them try to get into the cart; one, I think William Streeton, slipped under the wheel—two of them shot across the road, one of them led the pony, and they went in the direction of the farm—I saw William Streeton between 7 and 8 o'clock—he cattle with the pony and cart—I was then behind the bar—t did not go outside to look at the cart—he asked me the way to Victoria Park—I Said "Have not you got hom yet?"—he said "No, I have lost my way"—I said "How did you do that?"—he said "I fell asleep; have you Seen any of the others"—I said "No"—the pony was sweating—I asked him about the hay—he said he wished he had never seen West Geeen farm.

Cross-examined by MR. COLE. Some call this farm Hanger Lane Farm, and some West Green Farm—there had been a sale there for three or four weeks previously of hay and other things—he asked the way to Hackney Wick—he appeared none the worse for drink—in going from Hackney Wick you would turn to the left to go to Hanger Lane Farm, to the right in going to Stamford Hill—the farm would be half a mile more westward towards the Victoria—I cannot say the distance from Horosey.

HENRY BORROFF . I am a dairyman, of 7, Cornwall Road, Tottenham—I rent part of Hanger Lane Farm—on December 26th William Streeton came to the farm to look at some hay—on January 19th he and the other prisoners came about 3 p.m. in a cart—William drove into the yard—they were all a little the worse for drink—they stayed till about 6 p.m.—that is generally when I go home to tea—I have no watch—they had been loading hay into vans—when they went away William Streeton was in the cart—Lee went

ahead of the cart—I could not swear whether two were in the cart or not—they went towards the Victoria public-house, which is about half a mile away.

Cross-examined by MR. COLE. It is 10 minutes fast walking from my farm to the Victoria Tavern—I should think that it is more than half a mile—I did not hold the pony while William Streeton got into the cart—I do not recollect saying so—it took me about five minutes to get home—I could not have said at the police-court that I held the cart—I never offered to hold it or the pony—I did say that the carmen with the hay had gone on.

EDWIN STRATFORD . I am a labourer, of 6, Cornwall Road, Stamford Hill—on 19th January I was at Hanger Lane Farm—I saw the prisoners leave there about 6 p.m.—they went towards Stamford Hill-two were in the cart and one was walking.

Cross-examined by MR. COLE. They were inside the gate at the farm when they got up, and I was outside.

Cross-examined by MR. FRITH. I do not know whether Mr. Borroff held the pony's head—I was first asked to give evidence about a month ago on a Monday—I swear two did not walk in front of the cart.

Cross-examined by MR. SLEIGH. I heard Borroff give his evidence at the police-court before I gave mine—he said he was not sure, but I said there were two in the cart—the police came to my house the following Monday and asked me what I had seen of it—I did not see Borroff hold the pony's head, and I did not hear him say at the police-court that he did—I was not in the Court, I did not hear his evidence read over—I heard my name called out, and I answered it—I have not discussed the question of the two men leaving while one remained in the cart—I know there was a difference between his evidence and mine—he said there was one and I said there were two men—I heard him say that since at the farm—I am not aware that any one else was present when he said so—it was on a Sunday morning—I was not aware that he said the police had been talking to him about it—he did not say that the police had told him that our statements did not agree—I forget exactly what he said—I know he told me he was not sure there were two, that he only took notice of one—he said the policeman had been after him on the Sunday morning, that was before they came to me—Inspector Clark and Newton came to me in the afternoon—they did not tell me they had been to Borroff in the morning—I had seen him, but they never said they had, nor yet the night before.

Re-examined. The police came to me on the Sunday afternoon to ask me what I knew about it—I told them to the best of my ability—I was after wards required to give evidence before the Magistrate.

WILLIAM GLANVILLE . I am 12 years old—I live at 9, Park Terrace Campsbourne Road, Hornsey—on a Monday evening in January I standing against Mr. Page's nursery between 6 and 6.30—I saw a cart conming along with two men in it—one of them, Mr. Newton, was calling "Police and the other was driving—it was going towards Muswell Hill—the cart stopped about three yards from the Three Compasses—Mr. Newton stood up and called "Police"—the man pushed him down—he stood up again and the man pushed him out of the cart and he fell on the back of his head neck about three or four inches from the wheel—the cart drove on towards Tottenham—Crump and May were there when the cart came up—they picked Mr. Newton up—Mr. Newton said, "Stop that man, he has taken

my watch and chain"—I could not see the man who was driving the cart, to tell who he was.

Cross-examined by MR. COLE. The cart stopped at the Three Compasses three or four minutes—Crump and May set Mr. Newton up against a fence.

Cross-examined by MR. SLEIGH. Some one brought a paper to me at school—I have not been talked to since about it.

Re-examined. I was about a yard from the cart when Mr. Newton was poshed out—the horse was a rather light chestnut—I never saw it before.

GEORGE HENRY CRUMP . I live at High Street, Hornsey—I mind Mr. Hine's horse—he is a butcher—about 6.30 p.m. on 19th January I saw a trap coming along the High Street—it stopped about opposite the Three Compasses—Mr. Newton and William Streeton were in it—Mr. Newton called oat when he was coming up the road—when they got to the Three Compasses he made a grab at William Streeton—he sat on the splash board I—he got up and made another grab at William Streeton, and Streeton I poshed him again and he fell—I noticed blood on his nose when he was in the cart—I was about half a yard from the cart when he fell out—his head was against the wheel I and May pulled him up and put him against the wall—I heard Mr. Newton say, "Give me back my watch and I will forgive you"—Streeton waited to see us pick Mr. Newton up and then drove off—Mr. Newton said, "Stop that man, he has robbed me, he has stolen my watch and chain."

Cross-examined by MR. COLE. I thought Mr. Newton was the worse for liquor—he seemed excited—the cart stood outside the Compasses from 5 to 10 minutes.

WILLIAM JOHN MAY . I am a labourer, of 10, Chapel Terrace, Hornsey—on 19th January I saw a cart in the road with some children round it—I went near—I saw Mr. Newton lying on the ground—I picked him out—I did not know him—I afterwards walked with him to the Railway Tavern at Hornsey—the cart went off—I saw the man in it but could not recognise him—it was between 6.30 and 7 p.m.—Mr. Newton was quite insensible when I picked him up-blood was upon his nose—I did not see him fall from the cart.

HENRY EDWARD GROVES , M.R.C.S. I practise at Hornsey—on 19th January I was called between 7 and 8 p.m. to see Mr. Newton—I found him in a semi—conscious condition—I found a severe bruise at the back of his head, an abrasion of the nose, a cut inside the lower lip, both elbows slightly grazed and bruises on the right side of his head—he was recovering from conclusion of the brain—I attended him afterwards—he remained in bed till a few days ago—as far as I could judge he had no appearance of being drank.

Cross-examined by MR. COLE. He might have been drinking—there was also a cut on his lower lip—a fall from a cart might not produce concussion of the brain if he fell fairly on his shoulder.

WILLIAM TREE (Policeman T 177). On 19th January I saw William Streeton between 6.30 and 7 p.m. at the Victoria public-house, Muswell Hill—it is about half a mile from the Three Compasses—he was driving a pony and cart—the pony was wet with sweat and smoking—he asked me to look to his pony a few minutes while he went to get refreshments—when he came out he inquired the road to Victoria Park or Stratford—he said he had lost his way—he appeared to be the worse for drink.

Cross-examined by MR. COLE. This is a different public-house from the Victoria in Hanger Lane-another constable was there—he said, "I am completely lost."

CHARLES DODD (Police Inspector). On the evening of the 27th January I arrested William Streeton at White Post Lane, Hackney—I said, "You will be charged with two other men in custody for violently assaulting and robbing Edward Newton of his gold watch and chain when in your cart at Tottenham on the evening of the 19th of January"—he made no reply—I took him to Wood Green station—on the way he asked me who the other two men were—I told him George Streeton and Frederick Lee—he said, "Let the consequence be what it may I shall speak the truth, I never laid a finger on the man; I had enough to do to look after my pony"—Mr. Newton afterwards picked out the prisoners at the station—he first picked out another man for Lee, but afterwards identified him.

Cross-examined by MR. COLE. Seven or eight constables were in the room—Lucas and Clark were there, and Inspector Bullock—Mr. Newton picked out a very short man for Lee—the Stamford Hill Bail way Station is about half a mile from the Victoria public-house—the Seven Sisters Road is barely that—there is very little difference in the distance of the two stations.

Cross-examined by MR. FRITH. The two Streetons were not standing together when they were identified—two persons, not policemen, were between—a policeman was not behind George Streeton—he was next to the wall—the men were as near like the prisoners as we could get.

Cross-examined by MR. SLEIGH. I do not know the man Newton picked out for Lee; I never saw him before nor since—I have been to some of the witnesses' houses about their evidence—I have not spoken to Stratford about his evidence being different from Borroff's—I saw Stratford between 3 and 5 in the afternoon, and Borroff between 12 and 1—I do not think Borroff said he had seen Stratford—I asked him for a general statement of what he knew—I can only recollect seeing him at Edmonton Petty Sessions and here, and not since, not in any public-house nor in the street—I did not speak to Newton before he purported to have identified Lee—the man he picked out resembled Lee very much in the face, and had a tuft of hair on the chin like him—he was not like Middlesborough—the moment the prosecutor saw Lee he identified him—he missed seeing him at first—it" a small room—I did nothing before Lee was identified—afterwards I said "Now, Lee, you see in the first instance Mr. Newton did not pick you out—that was in Newton's presence.

JOSEPH CLARKE (Policeman). I apprehended George Streeton on 27th January—I told him he would be charged with being concerned with William Streeton and Frederick Lee in assaulting Edward Newton and stealing his gold watch and chain—he said "I was out that day with William Streeton and Lee. I never saw Bill after we left the farm. I went with the loads of hay to a public-house and had some beer, and to a coffee-house and had tea, and then by train home with Lee."

Cross-examined by MR. COLE. I went to the coffee-house, and found two men had had their tea there—they were there 20 minutes or half an hour—they did not say which station they went home from.

Cross-examined by MR. SLEIGH. I have seen Stratford since the arrest—I went with Inspector Dodd to deliver a paper to him-Dodd spoke to him—I did not notice what he said.

THOMAS LUCAS (Polite Sergeant). On 27th January, about 5 p.m., I arrested Lee in White Post Lane, Hackney—I said "You will be charged—firth being concerned with William and George Streeton in assaulting Edward Newton and stealing his watch and chain whilst riding in William Streeton's cart at Tottenham on Monday, the 19th inst."—he said "Me and George Streeton went to ride with William Streeton in his pony cart to a farm at Tottenham, and we were all boozed"—on his way to the station he repeated that, and added "We all went to the Victoria public-house, where Bill Streeton gave some beer to the carmen and sent them on with the hay, and me and George went into a coffee-shop opposite and had some tea; I had two haddocks, George had one. When driving along the road we saw a man drunk with two blokes, his face was bleeding; the man offered us a sovereign to drive him home; Bill Streeton drove him home; me and George went back to the station, and home by train."

Cross-examined by MR. COLE. I had seen several of the witnesses before I Examined at the police-court—I saw Miss Smith, the bar girl—I made every possible inquiry in the neighbourhood—I found two of the prisoners had had haddocks cooked at the coffee-shop, but not two cooking's—I do not know the neighbourhood well—the Seven Sisters Station is about 500 or 600 yards—I am sure Lee said "Me and George."

Cross-examined by MR. SLEIGH. The coffee-house is exactly opposite the Victoria.

William Streeton's Statement before the Magistrate. "I am innocent of this charge. I was in my trap when a man holding the prosecutor, who appeared to be worse for liquor, and who appeared to be injured, asked me to take him to Hornsey. I did so. The man left me on the road. I waited for several minutes outside the Three Compasses. I then made my way home, but lost my way."

Witnesses for Lee.

GEORGE IVES . I am a carman employed by Mr. Asher, of Hackney Wick—on 19th January I went to fetch some hay for William Streeton from Hanger Lane Farm—we got there about 3 p.m.—we finished loading about 5.30, and I and my fellow—carman left with the vans—the three prisoners were there—I left them in the farmyard—I went into the Victoria in Si Ann's Road, which is about three-quarters of a mile from the farm—we had an accident just against this tavern; the hay shifted-my mates stopped, and Lee and George Streeton came up on foot while we rebound it—they asked us to have some beer—while we were having it the clock struck 6—then we went away with the vans—we left George Streeton and Lee at the public-house—I did not see William Streeton there.

Cross-examined by MR. FRITH. After leaving the farm before reaching the Victoria we saw a man lying at the side of the road—I did not see anything more of William Streeton or the cart.

Re-examined. I went with the loads of hay, not with George Streeton—I left the other men with the horse and cart—I afterwards saw George Streeton and Lee at the Victoria, and left them there.

JOHN SIMMONS . I am in the employ of Mr. Asher at Hackney Wick—on 19th January I went to Hanger Lane Farm to carry some hay—I got there about 3 o'clock—after loading we left about a quarter to 6 o'clock—when near the Victoria Tavern some of our hay fell off, and we pulled up—while waiting, Frederick Lee and George Streeton came up on foot—I

had left all the prisoners at Hanger Lane Farm—I did not see William Streeton with them—I and my mate went into the Victoria, and had some beer with George Streeton and Lee—I saw a man lying on the road side—that was before George Streeton and Frederick Lee came up—the pony was in the cart when I left the farm—the man lying by the road side was either asleep or drunk—he had black clothes—it was between the farm and the Victoria—it was about 6 o'clock when we got to the Victoria—Bill Streeton did not come there—Lee gave us some beer.

Re-examined. I did not see William Streeton after I left Hanger Lane Farm.

SOPHIA SMITH . I am barmaid at the Victoria Tavern—on 19th January George Streeton and Lee came with the two carmen I have seen at this trial—I did not see William Streeton there—they had some beer, Lee and Streeton in one bar, and the two carmen in the other—I don't know which left first—there is a coffee-shop immediately opposite our house—I did not see them go there.

Cross-examined. I was serving behind the bar—I did not go outside the house—it was between 5 and 6 o'clock.

Witnesses for George Streeton.

THOMAS WILLIAM EATON . I live at Park Terrace, Parkfield Road—I am a booking clerk at the Stamford Hill station of the Great Eastern Railway—I recollect George Streeton coming to the railway station one evening in January with another man I should not know—George Streeton tool up a book belonging to me entitled "Oliver Twist"—I took it from him, and as he went through the station he said "Good night, Oliver," to me at the window—the gas was alight.

Cross-examined. I do not know whether it was before or after 7 o'clock, or what was the day of the week or month—I have not seen Geoige Streeton before or since.

HERBERT GRANTON . I saw George Streeton at the Malvern Castle public-house on 19th January a little before 8 p.m.—I heard of their being in custody, but I was not sent for—George Streeton did not know my address—I have only just been subpœnaed—I remember Lee knocking the side of my hat—he was with George Streeton.

Cross-examined. The Malvern Castle is at the top of White Post Lane—I was in front of the bar—I knew them by sight as customers.

Re-examined. I saw George Streeton once since, when he asked if I Would be a witness, and I said I would—I have no doubt as to their being the persons.

Witness for William Streeton.

AGNES EDMUND . I live in High Street, Hornsey—my master is a bate there—one evening in January I saw two men in a cart outside the shop—one was raving and throwing his hands about, and using bad language—he overbalanced himself and fell out of the cart—two young fellows standing by picked him up—William Streeton stopped about five minutes, and when they picked him up he drove off—the man who raved seemed the worse for liquor.

Cross-examined. He said "Pull up, you b——"—it was a pony and cart—I cannot say the time.

The prisoners received good characters.,


1st March 1880
Reference Numbert18800301-265
VerdictNot Guilty > no evidence

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265. WILLIAM STKEETON, GEORGE STREETON , and FREDERICK LEE were again indicted for assaulting Edward Newton and occasioning him actual bodily harm. Mr. Poland, for the Prosecution, offered no evidence.


OLD COURT.—Wednesday, March 3rd, 1880.

Before Mr. Bowen.

1st March 1880
Reference Numbert18800301-266
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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266. JULIAN YANKOWSKI (60) PLEADED GUILTY to feloniously having in his possession certain plates upon which were engraved 10 and 3 Russian Rouble Notes, without the authority of the Emperor of Russia.— Twelve Years' Penal Servitude.

1st March 1880
Reference Numbert18800301-267
VerdictNot Guilty > non compos mentis
SentenceImprisonment > insanity

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267. WILLIAM DAVIS (46) was indicted for the willful murder of William Price on the high seas.


JAMES CRAIG . I am now living at the Sailors' Home in Well Street—I was chief mate of the Standard Bearer, a British ship, of Swansea, sailing under the British flag—the prisoner was the master of that vessel—John Maclean was boatswain, William Jones carpenter, and the crew were 13 all told—we sailed from Swansea last March, and went to Monte Video and Buenos Ayres—on 27th July we sailed for Talcahano, in Chili, and arrived there on 1st September—while there we shipped a black man as steward called William Price—three of the crew, Lewis, John, and Greene, were imprisoned there for refusing to join the ship, after an inquiry before the Consul—I was examined before the Consul as to the captain's conduct—I made a report—the three men were ordered to join the ship, and were released on 23rd September—while, we were at Talcahano I was in the habit of seeing the captain nearly every day, I frequently saw him drunk there—on 21st October we sailed for England—two or three weeks before Christmas it was my watch from 6 to 8 p.m.—at 8 o'clock the prisoner informed me that he had given me some orders which I had not heard—I am rather deaf, and was particularly so at that time—he also said he had given me two orders the night previous, and that I had not answered him, and he wished to know the reason why I would not answer—instead of directly replying that it was owing to deafness, I asked him if he did not know the reason—he said "No"—I said "What did you pour some oil in my ear the night before last for? why do people roar and shout at me round the deck the last few days, did not you hear that?"—he said that I was too good to answer, that he believed what I was saying was false—he said that he did not go speaking round the deck to other people—I said "Now I suppose we are coming to the two-faced business?"—he answered that he did not particularly single me out as being two—faced—I replied "I am two—faced, shall I give you a sample?"—he laughed and said "Yes"—I said "When the crew were before the Consul at Talcahano I told the Consul that you were a gentleman, and that was an infernal two faced lie n—he asked if I was alluding about his drunkenness, and said "I suppose you will say the same as the rest, that I was always drunk"—I said "I can't say you were always drunk, but that you were many times drunk is perfectly true"—he said he did not care a d—for me, nor the owners, nor the Consul, and he used some foul

Expression, and told me to look out for myself—from about that time to Christmas he was sober—before this, when he was about, we used to have our meals together; after this conversation he gave the steward instructions that we were to have meals separate—about 10 or 12 days before Christmas we had our meals together again—on Christmas day it was my watch below from 8 a.m. till noon—about 9 a.m. I turned in to my cabin, which was in the steerage—I had a separate cabin—the captain's cabin opens into the chief cabin—I had gone to sleep, and was awoke by finding myself shot in the mouth—I did not hear any report—I smelt gunpowder, and there was a taste of it in my mouth—I did not see anybody—I put my hand to my mouth and found blood, and afterwards found a small hole in my lip, and a tooth in my lower jaw driven out into my tongue, and the roof of my mouth was injured—8 or 10 days afterwards I found a piece of my tooth in my tongue, and I afterwards handed it to the police officer—the ballet was not traced—finding myself thus injured I got hold of my revolver, took my hat and trousers and ran on deck bleeding, and told the crew what had happened—I put on my trousers on deck—Price, the steward, was in the galley; he offered to assist me, and we both went aft to the poop, I with my revolver, the crew following—I cocked my revolver—I went down the companion and through the steerage to the cabin—I glanced round, but saw no one there—I looked into the captain's room and saw no one there; I then recrossed the cabin and re-entered the steerage—I and the steward were there standing face to face—I pointed to the water—closet door, which was the only closed door in the cabin—I was standing opposite that door with the revolver in my right hand; I shifted it to my left so as to open the closet door with my right hand, when I heard the report of a grin, and 1 was wounded in the back of the neck, head, and shoulders with small shot spreading—I found myself on my back—the steward was a short distance from me when I fell—I remained where I was six or seven minutes, and then went on deck—I struggled up the companion stairs, and the crew assisted me on to the poop—when I was shot in the back I heard the prisoner's voice—Rigby, the apprentice, and others carried me forward—I gave my revolver to Maclean, the boatswain—I gave over the charge of the ship to the boatswain and carpenter, and I was carried imder the topgallant fore-castle, I was helpless—the next day, Friday, the Sardinian was sighted, and on Saturday 27th the captain of the Sardinian and some of his men came on board—we had no surgeon on board, neither had he—the prisoner went on board the Sardinian, and the mate of the Sardinian was put on board our vessel to navigate it—after this two empty cartridge capes were handed to me, the first one by one of the crew, and the other by Rigby, the boy—I saw where he picked it up, in the pantry—they were the same sort of cart ridges as I had frequently seen the captain use in hisgun, a double—barrelledgun—a door separates the pantry from the steerage—the pantry was the ordinary place where the steward was occupied—I have seen a revolver in the prisoner's hand like this (produced)—it was kept in this box—this box was delivered into my hands at Talcahano to give to the captain—this (produced) is the captain's gun—on 27th January we arrived at Queens-town—I there saw Dr. Downing, and at Dublin I saw Dr. Cramier—my wounds are almost healed.

Cross-examined. I was not sailing with the prisoner on a former voyage when he had an attack of sunstroke, ox when the ship was run down in a

is a collision—it was two or three weeks before Christmas that the conversation took place about being double—faced, and 10 days before Christmas I was messing with the captain as usual, and was on very good terms with him—on 24th December I dined with him and had an amiable conversation with him, and spent a good part of the day with him on deck—we were on particularly friendly terms—judging from his behaviour towards me the little disagreement we had had had blown over—it is not true that there was a conspiracy between me and the other men on board to scuttle the ship—some few days before Christmas I discovered that the ship was making a little water, that was stopped, it was a trifling affair, it was a small hole—the ship was not nearly full of water—the carpenter may have spoken to me about getting some red paint—there is no foundation for the suggestion that by that I alluded to shedding the captain's blood—I never had a conversation with Mr. Borland, the passenger, in which it was suggested that the captain should be killed—I never said that his wife would shortly be a widow—I never proposed to suffocate the captain in his cabin with sulphur—the captain has used sulphur himself in the cabin for the purpose of suffocating fleas—I did not shut up the ventilator of the captain's cabin—then was no suggestion to arrest the captain and put him in irons previous to my being wounded.

Re-examined. I last saw the captain on the night of the 24th, between 8 o'clock and midnight, on deck—up to that time I noticed nothing at all remarkable in his demeanour—he attended to the work of the ship as usual—after the report of the gun I saw nothing of the steward. William Jones. I am now bring at the Sailors' Home in Well Street—I was carpenter of the. Standard Bearer—about three weeks before this occurrence I heard some words between the mate and the captain—I heard the captain say, "You had best look out for yourself from this time out"—on Christmas morning about half-past 11 I was on the main deck with a passenger—the mate came up with his trousers on his arm and made a statement to me—I saw that his mouth was bleeding—he ran forward-afterwards the mate and the steward went down into the cabin—about three minutes after that I heard the report of a gun—I only heard one report—the mate then came up the companion streaming with blood—the men took him forward—I heard the boatswain call down the skylight and say, "Captain Davis," and the captain said, "Hallo"—he said, "The men have come aft to know if it is safe for them to go on with their duty"—the captain replied, "Safe enough on my part now, I shall not do nothing"—the boatswain said, "Shall I come down and speak with you, sir"—he replied, "Yes, you can come down one at a time"—the boatswain then want down and I followed a little afterwards—the captain sung out, "Who is in the companion there?"—I said, "It is me"—he said, "Is that you, carpenter?"—I said, "Yes, I hope you will not shoot me if I come in there"—he said, "You need not be afraid of that chip, I won't hurt you"—I went into the cabin but could not see the captain—he said, "Here I am up here, chip"—I then looked and saw he was up in the stern ladder against the rudder case, at the back of the cabin—I saw one of his feet was bare, and I saw the gun end on towards me—I said, "What is all this about, sir?"—he said, "God knows, capeuter, I would not hurt no one; but I had a cause for it"—I asked if he knew what he had done—he said, "Yes, perfectly well, and I can stand the law for it"—I asked, "What cause have you for it, sir?"—he said, "I

was coming out of my room to go to the pantry for a biscuit, and I met the man coming out of his room with a revolver, and I twisted it out of his hand and shot him"—I said, "The mate came on deck and told us you shot him in his sleep"—he said, "No, no,"—I said, "It was a cowardly thing for you to go and shoot the man in his sleep"—he said, "I was bound to do it, carpenter; I could hold it no longer"—I said, "For God's sake give me up that gun and revolver before you do more harm"—he said he would not give them up, they belong to him—I did not see any revolver—I told him to come down from there, what was he doing sticking up there—he then said to me, "You beggar, if I come down you will shove me in irons"—I said, "There is nobody talking about irons; give me up the gun and revolver"—he said, "I will tell you what I will do: I will take them adrift; I will take one half and give you the other half, then they can't do no harm to nobody"—I said, "All right, sir, I will go and fetch some tools to open them—he said, "You don't require no tools; I can open them up here"—I then asked him to open them—he said he would not, they belonged to him—he said, "Look here, I can see people in this cabin now around me"—I told him there was nobody there only me and the boatswain sitting on the settee—he said, "Look here, I tried to get forward to the men, but I was watched; you were in your bunk making signs with the bolt, and Mr. Borland was at the table watching me, and the small boy was a policeman over me"—I said, "All nonsense, there is something on your mind, sir"—he said, "Yes, there is"—he then made a movement with the gun, and I jumped out of the cabin into the steerage—the prisoner said, "You need not be afraid, chip, I am not going to hurt you"—I said, "I don't know so much about that; it looked very much like it then"—one of the men shouted down, "Chip, see if you can see the steward down there, he has not come up"—I looked into the mate's room and saw a spot of blood on the floor as if it had been spat out of the mouth—I went across to the pantry door; it was three parts closed—I called out "Steward" twice—I got no answer, and I opened the door and saw the steward lying in the pantry—I called out, "My God, boys, he has killed the steward"—he was in a sitting position on the floor, with his back up against the bulkhead—I could see that he was dead—a poker lay alongside of him, and two or three loaves of bread—I sang out that the steward was shot, and ran on deck—the captain said, "It is only a yarn, the steward is all right"—I did not notice then where the steward was injured—when I left the cabin the captain was right up on the stern ladder—he was therethe whole time—he appeared to be sober—he remained below—the boatswain came on deck shortly afterwards with some canvas and a tin of linseed meal—later in the day I spoke to the captain again—I asked him to give up his arms, he would not—he said, "Tell the passenger I want to see him"—the passenger came aft after some time—the captain said to him, "Mr. Borland, come down here, I won't keep you a minute"—Mr. Borland said, "l am afraid; give up your arms and I will come down"—he said he would not give them up—he said to me, "I will tell you what I will do; you get the revolver from the mate and take it adrift and I will take mine adrift; I will give you the halves, and you give me half the mate's revolver, then there can be no harm done"—I then went to the boatswain for the mate's revolver—I got it and took it to pieces—I gave the barrel and six balls and the rollerto one of the men, and took it aft and hove it down the skylight to the captain

on the settee, and I asked him for his firearms—he would not give them up—he said, "No, I won't, there are more arms in the ship"—I asked him what we were to do with the ship, night was coming on—he said, "I don't care what you do, you can do as you like"—I said we could not get anybody to go to the wheel without he gave up his arms—he said he did not care, we might do as we liked—we shut the skylight down and shut the companion doors up, and fastened the captain down in the cabin—the men went on with their duty as well as they could—next day we sighted the Sardinian, and on the 27th the captain of the Sardinian came on board, as the prisoner had remained down below all that time—after he had gone on board the Sardinian we went below and fetched the body of the steward up on deck—his face and neck and breast were riddled with small shot, and there was a patch over the left breast over the heart about the size of a half-crown—next day we buried him at sea—from the position in which the captain was at the back part of the cabin, he could have shot down a handled men if they had come down one at a time—he could have shot any person standing with his back to the water—closet door, and also a man standing outside the pantry—there was nothing to obstruct the line of fire—he could have shot both with one shot if he had fired off two barrels rapidly one after the other—the distance from where the captain was to the water-closet door was from 12 to 14 feet, or it might be 16—I had noticed something strange about the captain for 14 days before—the first time he came up to me on the main deck he called me on one side and said, "Chip, can you hear anybody talking and knocking outside?"—I said, "No, I can't hear anybody"—I did not hear anything-another time, five or six days before Christmas, about 8 o'clock at night, he called me again and said, "Chip, I think she is half full of water"—I said, "No, she is not, she is tight; she was pumped out at 8 o'clock"—that was true—about the same time he said, "I don't know what is the matter, I can't sleep at all"

Cross-examined. There was no plot to murder the captain or to do him any harm—it was all nonsense.

JOHN MACLEAN . I am now living at the Sailors' Home, "Well Street—I was boatswain and second mate on board the Standard Bearer—on Christmas Day, about 10 or 20 minutes to 11, I saw the mate in his bunk, apparently asleep—soon after seven bells he came up bleeding from the month—he made a statement—I afterwards saw the steward and mate go into the cabin—I was on the poop—I heard a report, and saw the mate fall—I could not see what happened to the steward—when the captain of the Sardinian came on board he asked the prisoner for his arms—the prisoner said "Yes, I will deliver my arms up to you, and I want your assistance"—the captain of the Sardinian asked him if he would come below—he said "No, I won't come below"—he said "Give me your arms," and he passed his arms to the captain of the Sardinian, and he said to him "I want you to take me on board your ship; if you don't I will jump overboard before you leave me"—he afterwards did go on board the Sardinian.

Cross-examined. I heard the prisoner say that the carpenter had signalled with his bolt and had the boy as a policeman, and he did not get any sleep all night in consequence—he said he had had no sleep all the night before, that he was watching him—he said there was a revolver pointed at him, and he said "Only for you, boatswain, I should have been shot; you held up your hands and stopped it"—there was no truth in that.

THOMAS LEWIS . I was an able seaman on board the Standard Bearer—I saw the captain on Christmas Eve—he then looked different in his features to what he used to, a kind of wild look—I heard what occurred on Christmas Day—I heard the captain say that he would have to stand the law for what he had done, God forbid he should have shot any man—I did not hear him say why he had shot him—I heard the boatswain tell him that the steward was dead—the captain said "No, the cook is right enough; you are only saying that to get me down from where I am"—at that time he was at the back of the cabin—on the following day he said there was somebody in. the cabin wanting to kill him, and they had tried to smother him the night before—I asked him to give up his gun and revolver—he said "No," he would not—I told him to think of his wife and family, to him what he had done might not be much—he answered "Yes, I have got a wife and one child, but I will never see them no more"—I could not see him at this time—I was talking to him through the aky. light—I offered him some food several times—he said he did not like to, eat it, that we put some poison in it for him.

Cross-examined. He said there was a man in the cabin who wanted to murder him—I said "There is no one there, Captain Davis, but yourself and the cook, who is dead"—he said "Yes, there is, I can see him now"—when he spoke of his wife and child I thought he was crying, by the way he spoke—he said the next day that he thought the canvas was to be used for burying the steward—I said if he did not give up his arms I should have to batten him down—he said "I may as well die that way as an; other."

WILLIAM CHABLES SMITH . I am a master mariner—I was mate of the ship Sardinian—on 27th December we sighted the Standard Bearer—the captain went on board first; I went afterwards—I saw the mate, Craig and took some medicines for him and treated him—I searched the captain's cabin—I found some empty cartridges and some full, suitable for a double—barrelled gun—I examined the bulkhead of the after deck, and found the marks of small shot in the line of fire from the rudder case.

Cross-examined. I made this entry of this incident in the official log. "The master having left for safety of his life, has gone to the Sardinian for protection"—I inserted that from something I heard from the prisoner.

JAMES BUTCHER (Police Inspector). On 5th February I went to Dunquerque and found the prisoner there detained in custody—I said to him "You are Captain Davis?" he said "Yes, Captain William Davis"—I told him I was an inspector, and that I was going to take him into custody and charge him with murdering Price, a colored man, the steward of the barque Standard Bearer, on the high seas on 25th December, and also with attempting to murder James Craig, the mate—he said "All I hope is the truth will come out; what I have done I did to defend myself. I saw the mate coming down the cabin stairs with a revolver in his hand; as for the steward, I know nothing about it; I did not know he was there, and when the crew told me he was dead I thought they were telling me lies to make me come out. I shall give you no trouble; I will go to London my self to meet the charge"—I received from the captain of the Sardinian this gun and this seven-hambered revolver—I found one empty cartridge case in it; the other chambers were loaded—in the prisoner's chest I found a box containing two tins of cartridges to at the revolver, one full, the other partially full—

can safely say that it was not put on, but that he was speaking what he believed; I specially watched that—Dr. Forbes Winslow saw him alone, and I saw him once with him.

Cross-examined. From what I saw, and from the evidence I have heard, I do not think he was responsible for the act with which he is charged when he committed it; I mean that he was not aware what he was about, his mind was so deranged, he was labouring under delusions, and was not aware what the true fact was; that he really thought that what he was doing was in self-defence to protect his own life.

JOHN ROWLAND GIBSON . I am surgeon of Her Majesty's Gaol of New-gate, and have been so nearly 25 years—I have had a large experience in seeing insane persons there—the prisoner came in on 23rd February, and I have seen him since then daily—at the first interview I inquired what the charge was, I had not then heard or read one word concerning the case, and at the first interview I had with him I considered that he was suffering under delusions—that impression was quite confirmed by my subsequent interviews—in my judgment he is insane—one of his delusions was that he was nearly suffocated by sulphur in his room, and he had to place his face against the window in order to get breath, for nearly two hours—he likewise believed that the crew had conspired to kill him, and that he heard them signalling beneath his room at the gangway, that he once saw the after hatchway thrown open, and there was a cloth there with nails and screws and hammers on it, and he believed they were about to cut him up and put him into this cloth and throw him overboard—assuming he was in the same state at Christmas last, I do not think he would know right from wrong—I think he was so powerfully under these delusions that they would completely control his conduct—I do not say that he is not now fit to tab his trial, he is able to know and understand matters very clearly.

By the COURT. I quite believe that at the date in question he really believed that he was being set on by the crew, that his life was in danger, and that he was firing in self-defence—I do not think there is any feigning or shamming.

NOT GUILTY on the ground on Insanity.— To be detained until Her Majesty's pleasure be known.

1st March 1880
Reference Numbert18800301-268
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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268. JOSEPH MILES (36) , Feloniously sending a letter to Mary Ann Revell, threatening to kill and murder her.

MR. THORNE COLE Prosecuted.

CHARLES ELLIS . I am an inmate of the Edmonton Union Workhouse—on 14th January I went from the workhouse to the schools at Enfield—before that, on the over night, the prisoner gave me a letter in an envelope, which I gave to the porter, Dugard.

MARY ANN REVELL . I am single—I am an inmate of the Edmonton Union, Enfield—on 15th January I received this letter from the porter—it is the prisoner's writing—I know his writing—he has written to me before (The letter was couched in very filthy language, threatened to put a knife into her, and to do for her, if he was hanged for it)—this is the second time he has threatened me—I am in danger of my life.

CHARLES BROWN (Policeman Y 242). I took the prisoner into custody on 17th January—he said "I know what you have come about, sending the

letter to that b—b at Enfield; well, I am determined to do it"—on the way to the station he said "I shall go for this, I suppose; well, I don't care a b—if I get 10 years, I will have my revenge when I come out".

Prisoner's Defence. I did not send it with the intention of carrying out the threat, I sent it merely to frighten her—I did not write the letter myself; I sent it, I own that. GUILTY .— Five Year Penal Servitude.

1st March 1880
Reference Numbert18800301-269
VerdictGuilty > with recommendation

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269. PATRICK DALEY (22) was indicted for, and charged on the Coroner's Inquisition with, killing and slaying Richard Webb.


ELLEN WEBB . I Live at 12, Central Street, St. Like's—the prisoner is my brother—he did lire with me and my deceased husband, and assisted him in his business as a barber—on the evening of 17th February my husband came home about 9 o'clock the worse for drink—he went upstair and laid down in his bed—about 10.30 he came down, into the shop—the prisoner and my little boy were there—I followed my husband into the shop—the prisoner was wiping his leg with a dirty towel—my husband said "What are you doing"—he made use of a bad word to him, and my husband called him a saucy monkey, and gave him a smack in the face with his open hand, and caused his nose to bleed—the prisoner took off his coat and waistcoat and put himself in a fighting attitude—I got between them and said to the prisoner "You know how queer he is, let him be, and don't have anything to do with him"—the prisoner said "He has hit me, and I mean having a go with him"—they then got together somehow, and both fell together, my husband underneath, and the prisoner at the top—the prisoner had hold of him by the hair and by the waist, and he hit him while he was down, and one knee was on his chest—my husband said "Oh," that was all I heard him say—I sent my little boy for the doctor—I said to the prisoner "Look at what you have done, you have stunned him"—he said "He fell himself"—I said "No, you have done it"—the doctor came—my brother helped to go for the doctor—my husband had been under the doctor for nine months for diseased kidneys and consumption—he was a very ailing man for the last nine months—he died on 17th February—he must have died instantly he fell—he was dead when the doctor came.

WILLIAM RICHARD WEBB . I am 13 years old—the last witness is my mother—I was in the shop and saw my father and the prisoner have some words, and they fell together on the ground—the prisoner knelt on him and hit him on the chest, and said "Take that"—he said "Oh"—I was sent for the doctor.

RICHARD SQUIRE (Policeman G 228). I took the prisoner into custody—he said "I am sorry for what I have done"—he had been drinking.

WILLIAM CLARK (Police Inspector). I was at the station when the prisoner was brought there—I took down what he said, this is it: "About 9 p.m. on Tuesday, the 17th I was in the shop; the deceased came in and said 'What are you doing?'—I said nothing; he said 'You monkey, I will screw the head off you;' he struck me a violent blow on the lip, and kicked me, and threw me on the floor and fell on me; I fell asleep on the floor, and was not aware he was dead till my sister-in-law woke me and told me; I did not hit him or strike him any blow."

EUGENE YARROW . I am a surgeon of 87, Old Street—I was called to

12, Central Street shortly before 11 o'clock on the night of the 17th—I found the deceased lying dead on the floor of the shop—I afterwards made a post-mortem examination—the cause of death was suffocation—the pressure of the knee on the chest might have caused it—his lungs were in a very advanced state of disease.

GUILTY . Recommended to Mercy.— Three Weeks' Imprisonment.

THIRD COURT.—Wednesday, March 3rd, 1880.

Before Mr. Common Serjeant.

1st March 1880
Reference Numbert18800301-270
VerdictGuilty > lesser offence

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270. EDMUND NATHANIEL MARSTON (38) , Feloniously forging and uttering a receipt for 54l. 3s. 4d.

MESSRS. CASTLE and DIXON Prosecuted.

EDWARD WOODBINE SERGEANT . I am in the office of the Crown Agent for the Colonies in Downing Street—Mr. Thomas Marston is entitled to a pension—the prisoner is his son—it is necessary before obtaining a pension that a declaration should be filled up and a receipt given in tin forms produced—these forms are filled up in duplicate—there is a column in this form for Sierra Leone—the prisoner came to our office on 1st January—he produced four forms—I told him two only were necessary—on receiving these two forms from him I gave him a cheque for 54l. 3s. 4d.—that is the quarter's salary due to Mr. Marston, less incometax.

THOMAS MARSTON . I am a retired solicitor, and live at 17, Elm Road, Camden Square—I was formerly a master of the Court in Sierra Leone—I am entitled to a pension—these forms (produced) refer to me—the signatures are not my writing—I gave no authority to any person to sign them.

ARTHUR RALPH GREEN THOMAS . I am vicar of St. Paul's, Camden Square—these order forms purport to be attested by me—the signatures are not mine—I gave no authority to any one to sign them.

ANDREW LANSDOWN (Police Inspector). I received a warrant for the arrest of the prisoner—I took him into custody on 12th February—I charged him with uttering this order for 54l. 3s. 4d.—he said "I will admit presenting the order and getting the money, but I did not commit the forgery; my brother committed the forgery. He had my father's signature to a letter; he copied the signature with a piece of tracing paper and a piece of bone. After I had got the money at the Bank of England I met my brother at Moorgate Street Station, and between Moorgate Street and Gower Street I gave him five 5l. notes, and, I think, 30s. in money. We then went to Euston Square; my brother changed one of the 5l. notes at a public-house at a corner, and bought a hat and umbrella. He then saw me off to Liverpool by the 2.45 p.m. train; my brother and the woman he was living with afterwards came down to Liverpool, and I had to keep them there; the clergyman's signature to the order was written by the woman; her name is Tracey"—I then took him to the police-station.

The Prisoner's Statement before the Magistrate. "I did not forge the order, but I did present it."

The Prisoner's Defence. I have nothing to say except what I have already said—I did not forge the order myself.

GUILTY of uttering .— Fifteen Months' Imprisonment.

1st March 1880
Reference Numbert18800301-271
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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271. SAMUEL BARNETT (27) , Feloniously forging and uttering an order for the payment of 100l. with intent to defraud.


ARTHUR KEITH STUART MCALPINE ROBERTSON . I live at 42, Walton Street, Hans Place—I have no occupation—I am under age—in October last I was in the habit of visiting Mr. Couteau's shop, a hairdresser in Brompton Road—I had been there before the 31st October, 10 or a dozen timee—I have seen persons there not engaged—on the 31st October, between 8 and 9 p.m., I went there—the prisoner came and spoke to me when I had been there about half an hour—I did not know him—he told me he had met me before—he said "I want to speak to you"—I said "All right, directly"—a few minutes afterwards I went up to him and said "What is it?" he said "Oh, not now; come upstairs, and I will talk to you about it upstairs"—a few minutes afterwards he said to Mr. Couteau "I suppose we can have your room upstairs?" Mr. Couteau said "Yes, all right, I think there is a light"—I went upstairs—I do not recollect whether the gas was already lighted, but there was a light afterwards—it was nearly 10 o'clock—there was enough gaslight to see by—the prisoner said "You have borrowed some money, and you are paying very large interest for it; I will pay off the loan for you and let you have it at a cheaper rate of interest"—I said "No, I have managed my own affairs so far, and I do not care about that"—the prisoner had previously told me the person's name from whom I had borrowed the money—he said "Well, then, let me lend you 100l. or 200l."—he had said "How much money have you got in the bank?"—I told him—I forget what the amount was; I think it was 500l.—I said "I do not want the money at present, when I want it I shall be very glad to come to you for it"—he said "You bank at the Union"—I do bank at the Union—he said "That money in the bank will not last you long, you had better have something"—I said "Well, let it be a small sum; I will have 100l."—he said "Oh, make it 150l."—I said "No, I will make it 100l. or nothing"—he said "Very good; I will run downstairs and get my cheque-book"—he had already said "I shall not take any interest for this first transaction, but when you come of age you can give me a d—good diamond pin"—he went downstairs, and returned with a cheque-book with a few cheques gone out of it—he then wrote me out this cheque for 100l. (Signed S. Bradley on the London and County Bank, Knightsbridge Branch, in favour of S. Robertson or order, and endorsed A. K. S. Robertson, dated 1st November)—he said "Do not present it till half-past 11 in the morning"—I asked him his reason—he said he always gave notice when he I presented a cheque over an amount which he mentioned, I forget what it was—I gave him three cheques, which he suggested I should do, on my own bank, two for 30l. and one for 40l.—he said "You are under age, and I shall not take a bill from you"—I said "Why not give you a 100l?" I meaning a cheque for 100l.—he said "I might be hard up and like to I discount one of these with my partner"——I had not my cheque-book with me—I wrote the cheques on blank paper—these are the cheques (produced) (Dated 1st October, 1879, upon the Union Bank of London, Charing Cross Branch, signed by A. K. S. Robertson in favour of S. Bradley or order, and endorsed S. Bradley)—the prisoner wrote the cheque in my presence—I said "I want an undertaking that you will not present those cheques before 18th December, 1880"—he wrote out one which I declined to take—he

subsequently wrote this document marked B: "122, Brompton Road—Dear Robertson, I have this evening received of you cheques for the amount of 100l. to discount, which I will hold you harmless against until the 18th of December, 1880, according to our arrangement.—S. Bradley to A. K. S. Robertson"—it is written "September," it should be "Deeember"—I retained the document—I then wrote this letter produced at his dictation (Read: "42, Walton Street, Hans Place.—Dear Sir,—I this day hand you my cheque for 100l. for the purpose of discounting according to the arrangement we have made between us, which I am perfectly satisfied with.—Yours truly, A. K. S. Robertson. To S. Bradley, Esq." (endorsed) "Received of S. Barnett the sum of 23l., G. Couteau"—the endorsement was not there when I wrote it—he took the letter and the three cheques—I was with the prisoner on this occasion about two hours—we then went downstairs—I remained there in the prisoner's and others company till about 1 a.m.—the prisoner came away with me, and went with me as far as my lodgings, about five minutes' walk—I said "I think I had better give you three cheques; I do not think the bank care much for pieces of paper"—he came in my room—he was there about three minutes—I found I could not give him cheques—he admired a silver match-box, which I gave him, and he went away—the following morning I went down to the London and County Bank at about 11.30—I presented this cheque for payment—it was returned marked, as it is now, "No account"—I took a cab, and went to the Union Bank, my own bank—the banker's clerk there made a communication to me, in consequence of which I went to Scotland Yard—I afterwards went to the Westminstar Police-station, and identified the prisoner from about eight or nine others as the person representing himself to be Samuel S. Bradley, and who gave me the cheque—I have no doubt he is the man.

Cross-examined. One peculiarity in the prisoner is the bald place on his head—I had noticed that before—I knew nothing about his losing his father—he had a crape band on his hat—he also had a rough great-coat—I hare seen at Couteau's, besides hair-dressing, ratting and dog-fighting, not cock-fighting—I do not know anything about his arranging for meetings between the sexes—I have never availed myself of his services—I have always lived a moral life—I did nothing beyond going to a couple of rat matches there and a dog fight, and joining in conversation and talks generally—I never lost any money there—I once gave Couteau a cheque for 2l., but I called the next morning, gave him the 2l., and tore up the cheque—I believe Mr. Couteau has been subpænaed, but he has bolted—his shop is shut up, but I have heard he has been seen about the place—I had never seen Bradley write before this occasion—I did not wish to name the person who had lent me money; it was Mr. Robert Morris—I have only had one transaction with him—I gave Mr. Morris a bill for 1,000l.—it was transacted through a third party—I got 750l.—it is payable on the 10th of July—the third party remitted a considerable sum for his own expenses—part of the proceeds of that bill was lying at my credit at my bank—I never knew Mr. Morris till yesterday—I got the money through Mr. Heritage—I had made his acquaintance about a year—the money was paid me in bank-notes at Mr. Heritage's office, 29, Nicholas Lane—I described the prisoner's whisker as mutton chop whiskers when I was before the Magistrate—the prisoner has shaved since all round the chin—I did not notice that he had black eyes—I drank two glasses of whisky that night—I had some from Edinburgh that day

—I was not faint—the prisoner was not drunk—Couteau went out for the drink—I paid for it, and drank a portion—I have spent stout six months in London during the last two years.

CHARLES CHABT . I am cashier at the Knightsbridge branch of the London and County Bank—the cheque produced, signed "S. Bradley," was presented to me on the 1st of November—I marked it as it is now, "No account"—we had no such a person as S. Bradley on our books—the cheque book was issued to Mr. George Couteau, of 122, Brompton Road, about the 25th of June last year—his account was closed on the 11th of last November—we requested him to close his accont in consequence of this transaction—I handed the cheque back to Mr. Robertson.

Cross-examined. The writing on the cheque does not resemble Conteau's.

MR. A. K. S. MCALPINE ROBERTSON (Re-called). I knew Conteau well by sight—he was not the man who signed the cheque.

EDWIN BLUNDELL . I am a cashier at the Union Bank of London, Charing Cross Branch—Mr. Robertson has an account there—these cheques are signed by him—they were presented on the 1st of November as the bank opened at 9 o'clock—I do not know by whom—the cheques were collected by the clerk and returned to Mr. Robertson in the usual way.

SQUIBS WHITE (Police Inspector B). I produce a letter, No. 1, signed by A. K. S. Robertson, and No. 2 signed by "Sam Braine"—I got them from a cash box which was handed to me relating to another case—the cash box belonged to McMurdo and Barnett, who were in partnership at Aquarium Chambers. (No. 2 Letter was from Queen's Hotel, Dublin, was addressed to "My dear Bob,' and was signed "Your sincere friend, Sam Braine." It stated: "Your friend A. K. S. Robertson informed me he wanted a few thousand pounds in confidence. So much for that; indeed I want you to go to Couteau's, 122, Brompton Road. If you see Robertson give him this, and he will treat you the same as myself;" also asking to forward any letters.) Mr. Robertson came to the Westminster Police-court on the 28th January—the prisoner was then in custody on another charge—I placed him with seven others, and the prosecutor identified him—I read the warrant to him and told him what he would be charged with—he made no reply, and was put back in the cells.

Cross-examined. I did not indicate the prisoner in any way—Couteau's was a respectable place—I was surprised to near it had gone wrong—I have not known gay ladies go there—it is used by ladies and gentlemen of the best quality for hairdressing—I cannot remember saying at the police-court that I said to the prisoner at the police-station, "How about that affair in the Brompton Road?"

JOHN PRESTON (Detective B). I was present when this cash box was taken from Mr. McMurdo and opened by Mr. White and the two letters found—Barnett and McMurdo ostensibly carry on business at Aquarium Chambers.

Cross-examined. I made inquiries and found they were partners in the firm of Herbert and Co.

GUILTY .— Five Years' Penal Servitude . (See Third Court, Friday.)

NEW COURT.—Wednesday;

THIRD COURT.—Thursday; and

NEW COURT.—Friday, March 3rd, 4th, and 5th, 1880.

Before Mr. Recorder.

1st March 1880
Reference Numbert18800301-272
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited; Miscellaneous > sureties

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272. GEORGINA WELDON (42) was indicted for a libel on Jules Prudence Riviere, to which she pleaded NOT GUILTY and a justification.

The alleged libels were:—"Jules Riviere condemned between the years 55 and 57 to 10 years travaux forces for either forgery or fraudulent bankruptcy; he was a fumiste, 18, Place de la Roquette, and cheated his partner. His first wife, a Frenchwoman, they say is still alive; was in England three years ago (his English wife does not know this); he gave 1,000l. to go away quietly. Is that woman alive now?"—" I forgot to tell you I am off to Brighton to-day. R. knew it, so did (as he hoped) a cunning and underhand trick in giving out circulars last night, which he thought I could know nothing about till Monday. He tells the most unscrupulous lies on the subject. I hope you have arranged for Tuesday at Store Street I am so afraid he dare not face me.—G. W." "What a scoundrel that Riviere is, but I have got all the proofs against him. He will never stay in England afterwards. He has committed bigamy, married this one as a bachelor. All of you must help me with the enemy. I know you will, and am very truly yours, Georgina Weldon."—" Riviere must be done for in time, but it will take heaps of money. Riviere has been condemned to 10 years' hard labour, has falsified his marriage certificate, and has committed bigamy."—" I am very hard up now owing to Riviere's swindling, and though I expect, if he does not run away, to get a good sum out of him, besides heavy damages, I have to wait for it."—" I am sorry for Riviere if you are going to testify to your esteem for him. I fear it can be proved not worth much. He has held out bribes to others, perhaps he has done the same to you; but whatever any one may say for him, or whatever esteem his boon companions may hold him in, nothing can take away the fact that he is an escaped felon condemned to 10 years' hard labour; that he has passed himself off as a bachelor in his second marriage certificate, and done other pretty little things which will all come out in time. Here is another letter written by me which you can show to him."

MR. LAURENCE, QC ., and MR. M. WILLIAMS Prosecuted; and MR. WADDY, Q.C., and MR. MOSELEY Defended.

EDWARD EBENWEIN . I am a professor of music, of 12, St. John's Villas, Romanny Road, Lower Norwood—I am a friend of Mr. Riviere, and know the defendant—about 11 November I received these two letters by post—they are in Mrs. Weldon's writing—I know her writing—the prosecutor received information, and came and claimed the letters, and I showed him the one of the 11th.

Cross-examined. I had the letters a fortnight before Mr. Riviere came—I met Mrs. Riviere, who told me Mrs. Weldon was saying nasty things about her husband—I do not know whether I said that I had received letters, but I did not mention the contents of them—there is a little plan at the top of them, and it points to Tavistock House, where she lives and conducts an orphanage—I have known her eight or nine years, not only as an individual, but as an accomplished musician—I was in the Crystal Palace band conducted by Mr. Riviere—I remember Mr. Riviere making a regulation

that there should be no encores—Mrs. Weldon sung the solo parts in selections from "Nourmahal"—I am not aware that she was encored, or that Mr. Riviere was very angry—one movement got wrong in "Nourmahal," and Mrs. Weldon came forward and took her seat at the piano and marked the movement—that was at the public rehearsal—I cannot remember whether she did the same at another performance—I do not remember asking her why she did not sing a solo at the second concert, or her saying that she was cut out of her solo, and that she believed it was because Riviere was angry at the applause she got at the first—I cannot recollect whether she sang a solo at the second performance—I am a German—I never heard a rumour of Mr. Riviere being an absconding bankrupt, but he told me that he had made a failure in France—that was at the beginning of the proceedings, after the letter—I knew that an action was pending between her and Mr. Riviere with regard to an alleged breach of contract at Covent Garden—he conducted "Nourmahal" at the Aquarium, where she has been since singing—I do not know Busby personally—he may be one of the members, his name was mentioned the first time in one of the letters—the correspondence was about the Aquarium, but it was at St. James's Hall that she wanted the band—I have been to Tavistock House—I think a conversation happened to the effect that she did not want money herself, but that she wanted to get money enough to keep 50 children instead of 11—I do not remember her saying that in consequence of Riviere not keeping his contract, she did not know how to find money enough to keep her orphans.

Re-examined. It must have been in August or September last year that she was at the Crystal Palace.

CHARLES FISHER . I live at Thanet Place, Temple, and am a member of Mrs. Weldon's choir—I think 1 joined it in July last—she handed me this memorandum in August last—I know her writing very well, and believe it to be hers—the post card is also in her writing—I received it on 20th September—the choir was got up for the purpose of singing at Covent Garden Promenade Concerts—Mrs. Weldon on several occasions made charges against Mr. Riviere to the choir—she signed an apology in my presence which had been drawn up and taken to Tavistock House, and she read it to the choir—she withdrew all objectionable expressions unreservedly which she had used to Mr. Riviere at a meeting at Store Street Hall, and apologised for having made them—I told her that I should absent myself from the rehearsals for a time, as I was going to Paris—she said "In that case I wish you to do something for me; I want you to make inquiries about Riviere," and at the next rehearsal she gave me this memorandum—I returned from Paris 7th September, and afterwards received this postcard, dated September 20th—I sang in the choir at the Crystal Palace regularly after that.

Cross-examined. I was not engaged in the choir, I simply joined; I gave my name to Mr. Cooper, who was then Mrs. Weldon's secretary; there was no pay attached to it—I am a traveller—I object to state for whom in open Court, as Mrs. Weldon might persecute me—I think any person would dread that; I have been 14 years with the house I represent—I was not going to Paris for them—the choir consisted of 300, half of whom were ladies and half gentlemen—Madame Menier was present at the conversation and several ladies of the choir—I did not tell her I had friends at the

Prefecture de Police, in Paris, and could find out the troth for her; I had no friends and did not tell her so—I did tell her that when I got to Pans I would try to get to know what was the real history with regard to Riviere—I did not tell her that when I was in Paris before I had made inquiries about it; I had not been there for years—I did not make inquiries in Paris except that I asked a friend there; I meant to do so—I don't recollect asking her for the dates of what she had suggested with regard to Riviere—I went to Paris on 26th August, and it was some time prior to that that Riviere's name was mentioned—I received the post card in London, after I returned from Paris—I know his present wife, she had the same name as me, but she is not related to me—there was a month between the first and second documents—she gave me the memorandum for the purpose of my making these inquiries, but it was not written out for me at that interview—I received the postcard a month After, the memorandum was not given to me a day or so before the postcard, nor was the postcard an addition to it—I returned from Paris on 11th September, and I did not get the postcard till 10 or 11 days after—what I call the apology was. the end of September—I mean to say that the interview at which she made the first statement to me about Riviere was before I went to Paris at all—it is not the fact that I told her I had been to Paris, and that she told me if I went again she wished me to make inquiries—she knew I was going before I went to Paris—I wrote to her on 4th September from Paris, "Business of some importance has caused me to start to this city, but I hope to return to London next week;" but it is certain that I mentioned to her the fact that I was going to Paris before I started—I wrote to her because I think I started earlier than I intended—I wrote to her from Paris to offer to execute any commissions for he, as she did not know my address, and she sent me another commission—I don't think I wrote to Riviere from Paris—I saw him on my return—this letter (produced) is my writing—I think I did write to Riviere on my return from Paris—I forget whether Mrs. Weldon asked me to send her a copy of the letter I sent to Riviere—I had a general conversation with her in which the members of the choir took part—I first gave these documents to Riviere after I returned from Paris; I had not given him one before, they were both shown to him at the same time, perhaps after the receipt of the postcard—I may have been back from Paris a week before I communicated with Riviere—the charges having been made against him I thought it was only fair to give him an opportunity of admitting or denying them, and it was proved that part of the charges were false—I did not go to him before I left England, as I thought they might be true—after my return from Paris I made up my mind to hand over the documents to him—I continued to sing at Mrs. Weldon's concerts—on communications have never been broken.

HAMILTON CLARKE . I am musical director at the Lyceum Theatre—I know Mr. Riviere and Mrs. Weldon—on 23rd November I received this letter through the post, it is in Mrs. Weldon's writing: "Dear Sir,—I am glad to hear you are so full of work, &c. I am very hard up now, owing to Riviere's swindling, and though I expect, if he does not ran away, to get a good round sum out of him, besides damages, I shall have to wait for it" I alto received this letter, dated 7th December—(Commencing, "I am sorry for Rivere") I received a third letter on the same subject, which I burnt—Mr. Riviere came to me and I showed him one of the letters.

Cross-examined. He did not come to my house, he came to the theatre to be informed about these letters; I had then had them two or three weeks—Mrs. Weldon told me in the first instance that she wanted me to assist her at her benefit—replied I could not do so on account of pressure of business—she then wrote to me a letter in which she said "Do you remember you owe me 5l? I shall be glad of it, I am hard up now"—I had owed it her three years, but had forgotten it—I sent her a cheque by return of post—until that time she and I had been good friend*, though we seldom met—I apologised for not sending it sooner.

MRS. BRANDER. I am the wife of Dr. Brander, of Gipay Hill, Norwood—I received a tetter which my husband destroyed, and on 30th November I received this letter (prduced), and on 7th December this other letter—I had known Mrs. Weldon a year or so before that—I lived two doors from Riviere, and he introduced me to her at some concerts which were given for a charity in 1878.

Cross-examined. I have known Mr. Riviere nearly two years.

JULES PRUDENCE RIVIERE I am the prosecutor in this case, and am a musical director and a publisher of music at 28, Leicester Square—in 1873 I first became acquainted with Mrs. Weldon; she is a lady of musical talent, and sings at concerts, and I first engaged her to sing for me at the Covent Garden Promenade Concerts in 1878, and at Brighton and at the Crystal Palace; we were on very intimate terms; she visited and stayed at my house; I introduced her to my neighbour, Mrs. Brander—Mrs. Weldon sang at my Promenade Concerts last year, and we had a disagreement about the terms of her engagement; we could not come to terms, and ceased to be oft friendly terms for a time—she made a speech at Store Street Music Hall in which she imputed dishonourable acts to me, and we never became friendly again, but we resumed our acquaintance on a business footing—she agreed to apologise to the choir for what she had said about me, and she and her choir sang at my concerts—the arrangement was in writing—in consequence of her conduct I found it necessary to put an end to the engagement, and refused to allow her to sing any more; and in consequence of her coming to the theatre she Was excluded from it, after which the letters were written to Mr. Eberwein, Mrs. Brander, and Mr. Clarke—I formerly carried on business in France as a stove-maker with M. Brocard; after I left he made his fortune in it—I was a musical director at the same time—in 1857 I went to Brussels, ant) about a month afterwards declared myself bankrupt in Paris—while at Brussels I gave concerts, and I did so also at Ostend and at Spa—I obtained a passport at Brussels—I did not return to Paris for 10 years, and I heard that I had been condemned par contumacy for not surrendering to my bankruptcy—I had a list of all my creditors; the amount of their debts Was 85,000 francs—I owed my father-in-law out of that 60,000 francs, and 10,000 francs was due to me on my wife's dowry—I have paid the rest of my creditors since that time who I could find—there is no truth in the statement of the defendant that I robbed my creditors of 93,000 francs—I have never gone by any other name than Riviere—it is not true that I cheated my partner of a shilling—I married my first wife, Marie Caroline Zinck, in 1847, and separated from her in 1856, and up to the present time I have never heard from her or of her—I have inquired of my friends, but could not learn any tidings ahout her; I have never heard of her, and in 1870 I married my present wife; her maiden name was Amy Frances.

Fisher—Mr. Adam Suede described me in the certificate; he is my brother-in-law, he married another Miss Fisher—I gave no authority to him, or any other person, to describe me as a bachelor—my wife was aware that I had been married before—I never at any time entertained the idea of absconding from England—I remember about a year ago having a conversation in this building with Mrs. Weldon about my bankruptcy in France—I was a prosecutor against a man named Laurence Levy in this Court, and met Mrs. Weldon by accident, and I told her that Levy had raked up all my past in Paris, all my misfortunes—she questioned me about it, and said "Can I assist you?"—I said that I had the misfortune to be bankrupt and condemnation followed, and I did not like the position I was in—I think I explained to her that the condemnation was par contumace—she seemed to sympathise with me, and visited at my house very often afterwards, and sang for me.

Cross-examined. Mr. Longstaff is my solicitor—I possibly told Mrs. Weldon I had got all the documents relating to my bankruptcy and a copy of the sentence—my solicitor has them—I was in London when I was sentenced to ten years travaux force—I never took any steps to appeal against that sentence—I swear that I was not bankrupt as a stove-maker, but I have heard since that by the documents I was so described—I never heard that I was charged with having embezzled money belonging to the firm, and that the result to the creditors would bo very deplorable—I never read that I was charged with being a fraudulent bankrupt—I did not go and get those reports corrected as I was doing very well in this country—it says here that "J. P. R. was, in 1857, while a bankrupt trader, guilty of embezzling part of his assets;" that is correct—I am aware that I was charged with fraudulent bankruptcy, and the sentence was for that offence, and I made no appeal—I told Mrs. Weldon that I had been a bankrupt, but I do not think I said a fraudulent bankrupt—I was greffier de Justice de Paix before I married Marie Caroline Zinck—that is clerk—I was born on 6th November, 1819, at Aix, and I was first married I believe on 9th March, 1847—my father's name was Prudence Henrie Sulpice Riviere—two years after I was married I purchased the business of my father-in-law, 26, Rue de la Roquette, for 52,000 francs; but before that, he, being very illiterate, sent for me to be his bookkeeper—I was only to pay him an annuity—I never paid him any cash, but I paid him 3,000 francs a year regularly till I left Paris in 1857—I may have been in arrear—I paid him as regularly as I could, but sometimes I was late—I do not remember whether I called my creditors together two years before I was declared bankrupt, but I may have done so, and may have asked for a delay of four years to enable me to pay them—my partner, M. Brocard, and I have had a long lawsuit together, but I cannot say whether I brought an action against him or he against me—he did not charge me with having embezzled partnership goods—he wanted a dissolution of partnership, and for a year we were before arbitrators—I do not remember that I had to make important restitutions to him—I had left Paris before the award—I did not wait for the result—I was the head of the firm, and I collected the money due to me—I don't think it was 12,000 francs—I bolted to Brussels, and never went back to Paris—the money was mine—Brocard is not one of my creditors—I do not owe him anything—he brought all the money in, but I brought the firm, which was worth twice the amount of his money—when I got him to bring in 50,000 francs I was in great difficulties—I had not received a penny from the firm—I went away a year after Brocard

commenced the suit for dissolution—I had not 2,000 creditors—this (produced) is a copy of the list of them which I received from Paris; there are about 50—I have paid all I could find—I found 21, but many of them were dead—I do not find Strausse among the 2l—I did not pay him—he had a bill of mine before I left Paris—I cannot remember his writing to me in London telling me that he was in great difficulties and asking to be paid, nor did I send him a bill of exchange from London—when he had the bill he was in Paris—the bill was not dishonoured—I never had a bill drawn in London dishonoured—his brother-in-law, Roget, is here, and he can tell you—no, it is Roget's son—I have not paid Strausse-Geraud is dead; I did not pay him before he died, but I sent him something on account, I think it was 1l.—I was poor at the time—the debt was 319 francs, which is 12l. or 13l.—I have not paid Kuje, I cannot find him—I paid Musquille—I cannot say whether it was since the action was brought, but I have his receipt here—I wrote a letter to the Times on the subject—I was at the police-court when there was a disturbance with Mr. Sidney and Mrs. Weldon, who wisely or unwisely conducted her own case—I was not at Bow Street—I have received letters from Michelthwaite and Co., but I have not paid these amounts—I never pay anything compulsory if I can help it, I like to pay willingly—the musicians wanted their weekly salaries, but how could I go into the accounts of 40 musicians at 2l. or 3l. each?—they played with me their whole life, and there is only a little balance due to them—I did not collect 1,250l. when I left Paris—I think a quarter of that would be nearer—from Paris I went to Brussels, and then to Ostend—I had made the acquaintance of a young lady named Delbart years before I lived with her as man and wife in Green Street, Leicester Square, and she was called Mrs. Riviere—three months after I came to England, as soon as I was able to make a position, she joined me at my request—my wife was still living in Paris—I do not know when she left, but she was not there three years—I think she left soon after me—I left my daughter with her—I commenced making inquiries about my wife in 1862—I did not meet Mrs. Weldon at a person's named Konski when I was there with Miss Delbart—she never went there with me—I went there with the present Mrs. Riviere—I was five years manager to La Fleur and Co., musical instrument makers—I was not a partner—I became the partner of Hawkes about 15 years ago, but my name was not in the firm—I was naturalised in 1864, for which purpose I had two witnesses to my character, one of whom, Mr. Hawkes, knew that I was under sentence of 10 years' imprisonment—I did not give the name of Prudence; I never do—I may have given my age two years wrong, but without any intention—I may have made a mistake in one year—Miss Delbart left me in 1869—I did not remain with her and keep her after my marriage with my present wife—she did not collect my money and run away with it when she found out that I was married, nor did I make a charge against her—I have been out of England many times since that, but never for six months at a time—I was married on 14th April, 1870—Mr. Adam gave the information upon which my certificate was filled up—he did not know who my father was, nor did I tell him—it is all an invention about my father—I signed it, but I never read it—I did not know the meaning of "bachelor" till a year ago, and I did not read these two registers before I signed them—I did not give my father's name Henri Prudence Sulpice Riviere, gentleman—he was a stocking loom

weaver, but I think he had retired at that time—Mrs. Weldon never said to me that the lady I now call Madame Riviere was not the lady she had previously met under that name—she never asked me by word or by letter whether it was true that I had been married before, nor did I ever write and tell her—I admit writing this postscript in French: "I have been married but once; say once and a half and say no more about it"—that was a joke of mine—Mrs. Weldon makes a lot of jokes in her letters, and so do I—I also wrote in French: "It is not wise to wake the sleeping cat"—the cat was my first marriage with Caroline Zinck—I had not told Mrs. Weldon about her, and I meant that for the "half"—I did tell you that Mrs. Weldon had made no inquiries, that was a joke of hers, nothing else—I should not answer like that seriously. (Mr. Waddy read to the witness in French several extracts from his letters to Mrs. Weldon.) I arranged with her last season to sing on each evening independently of the choir, and it was understood on 25th April that she was to have a benefit—actions are now pending between her and me—I have brought one against her and she has brought one against me—it was part of the agreement that she should provide the ladies' dresses—I had desired her to go to my sister-in-law, Miss Fisher, to get the dresses made—the ladies were to pay for their own dresses—I did not promise to pay for them—I may have promised to advance the money, but I did not do so—Mrs. Weldon had before that assisted me with her choir at the Crystal Palace, but not at Brighton; there was no choir there, but she sang there—she only brought her choir to the Crystal Palace—I paid her for that in 1878—I gave her two cheques of 10l. each—I wrote to her on 3rd November: "I send you 10l. for your little ones; will that be agreeable to you, not for payment, but as a gift?" that is one of the 10l. I allude to—the other 10l. was paid in the same way—I now allege that it was given her for her services—I never paid her 1d. for her services, why should I pay—she made me pay 300l. in advance in the joint names of Mr. Cooper and myself, and 60l. a week was to be drawn out by each of us—she spent more than 20l. for 200 dresses, that was I think before the agreement was signed—I have never paid a penny on that account, it was part of the 60l. a week—out of that agreement I paid three weeks—I wrote a letter to Signor Rocca, inside which I put a piece of paper with some more writing on it, which was afterwards brought to me by Signor Rocca's wife, and I tore it before her—I said on that paper that if Signor Rocca would give me a libellous letter which he had shown me the day before from Mrs. Weldon, I would make a present of 5l. to Mrs. Rocca, and would also give him an engagement as a singer for a couple of weeks in the ensuing season—Mrs. Rocca brought it to me next day—she was uneasy—she said that she would sooner leave London and her husband too than come into this Court—I wrote a letter to Mrs. Weldon's choir complaining of her conduct—I don't remember the date—the expenses for dresses had then been incurred—I saw my solicitors, Messrs. Good and Longstaff, on 22nd or 23rd September, and instructed them to write the letter of 24th September, stating that there was no contract between me and Mrs. Weldon—we could not agree, and I wanted to come to an understanding—an agreement was come to on 3rd October—I sent a circular to her choir in my own writing by a man named Barrett, but I cannot say the date—I instructed Mr. Selby, my secretary, to write a letter on 29th October, breaking off the contract between me and Mrs. Weldon; her

benefit was to have taken place on 5th November—I did not choose the time for breaking it off; I could not help it—she was to have 300l. payment besides the benefit, and she could have received all the lot, from which she would have to find the dresses—it was 100 dresses not 200; I made a mistake; there were only 100 ladies—as soon as I came to England I was joined by Mdlle. Dellart and began to make inquiries after my daughter; I sent for her—it must now be 21 years since I heard of her—she was not living with her mother then; she was about 10 years old at that time and was in a first-class school in Paris—I was paying for her, but her mother took her out of the school and gave her in charge of a Russian family, who adopted her without my consent—she wrote to me from Russia 21 years ago and told me so—I have inquired for the last 22 years for a certificate of my wife's death—I did not see Roget in 1878; I do not know whether I wrote to him—I did not write to him and say that a question had turned up about my wife, and that I wished to know whether he could ascertain whether she was living or not; I have all his letters here—I did write to him in 1878 to obtain the date of her death and the certificate—I have not heard where she was supposed to have died—I should be very much surprised if she were to walk into Court—I believe she died in 1662, and I have been told at Lyons—I have caused a search to be made there, but could not find that she died there—I have been inquiring for 20 years—I have a letter from her here in which she says "I am going to Lyons; this afternoon I start"—I have not made inquiries myself at Lyons, I have only commissioned people to do it; I was in England—I have been always inquiring from people who were intimately acquainted with her—I never went to France to make inquiries about her—Roget sent every one of my letters back to me; I told him to do so simply because they are the story of my life—I knew the story, but I wanted them for evidence if necessary—I owe Roget some money, and I mean to pay him, but I cannot pay all at once—I did not make inquiries of my father-in-law, M. Zinck—he died 20 years ago I should think; about a year after I came here—I have never heard that he died in the workhouse—he was the man who lowed so much money to—I could not pay him; I was in poverty when he died—I was never told that he died in 1866, and I did not try to find out; I knew I could not pay—I could not pay everybody.

Re-examined, I have tried to get Roget here, but he is asthmatic; his son is here—I sent him money on account every year—I did not know what name my wife was travelling in—my getting a certificate of her death depended very much upon what name she was living in at the time of her death—ladies who were intimate with her corresponded with her in Lyons, but I did not—I corresponded with one of them, Madame Gautier, and received information from her and another lady—part of this contract was that 300l. was to be deposited in a bank in the joint names of myself and Mr. Cooper, which was to be drawn out if the contract was carried out—120l. was drawn out and 180l. is in the bank now waiting the result of the actions—Mrs. Weldon ceased to sing at Covent Garden because we could not agree, she did not behave at all as I expected—it is not true that I swindled her over the contract—the sum I collected of the firm of Riviere and Brocard when I left Paris was between 100l. and 200l.—that belonged to me; I had received nothing

during the year—the words par contumace appear in the judgment—Mr. Brocard has made his fortune—I left enough money behind me to pay him his share, and 13 1/2 per cent, to pay all the creditors and my father-in-law and everybody else received 13 1/2 per cent.

By the COURT. What I made by stoves I lost by concerts.

MELANIE GAUTHIER (Interpreted). I live at 69, Rue St. Martin, Paris—I knew the first Madame Riviere from 1851 up to the time I left Paris in 1860—her maiden name was Marie Caroline Zinck—I was in Paris when she left—I do not know with whom she left—I wrote to her as Madame Caroline, Poste Restante, Chalons—that is where the camp was—I received two answers from her which I have destroyed—I last wrote to her in 1862 to Chalons—I have not heard from her since 1865—the prosecutor inquired of me on this subject not only in 1865 but also in 1869, and there are some minutes in Court—I have endeavoured to trace her out—I have looked everywhere for her but have been unable to discover her—I was a creditor for about 584 francs under Mr. Riviere's bankruptcy—he has paid me the whole of it, 100 francs at a time.

Cross-examined. I never assigned my debt to M. Picard.

LOUISE LAMBRI . I live at 109, Grande Rue, Paris—I was present in 1847 at the wedding of M. Riviere to Marie Caroline Zinck, and was very intimate with her till she left Paris with an officer in 1860—I subsequently received several letters from her, but I only kept one of October 4th, 1859, the last letter I received from her was from Lyons in 1860—I have since made a great many inquiries about her, but have not been able to learn any tidings of her—she lived with me for two or three months before leaving Paris, and before that she had been living with her mother.

Cross-examined. She was living in the Rue de la Roquette at the time of her marriage and afterwards—when her husband went from Paris to Brussels she went to live at her mother's—she lived with her husband till he left Paris, and then stayed in the house a short time, sold the furniture and went to her mother, Madame Zinck—I never heard whether M. Riviere ever contributed anything after that to her support—I was great friends with her, but I did not know her means—I did not take Madame Zinck into my house; she went into a house through my introduction—I did not contribute towards her maintenance; she had an agent, a lawyer, who supplied her with means.

Re-examined. M. Riviere left Paris in 1857 or 1858, and his wife went away with the officer in 1859—she did not pay me for board and lodging—she never lived with me entirely—she came to me as a friend entirely.

PAUL RONCIER . I am a French avocat practising at 90, Chancery Lane—I am acquainted with the French criminal law—a conviction in a defendant's absence is termed a conviction par contwnace, from which he can appeal within 20 years, but not afterwards—if he appeals within 20 years he is placed in the position of an accused person just as if no sentence had been passed against him—sentences passed par contumace generally have the maximum penalty, but it is not a rule—if the person returns within five years he retains his civil rights and the condemnation has no effect on his goods—the word detourne (translated "embezzled") means to divert.

Cross-examined. The condemnation in 1858 cannot now be appealed against—the reopening I spoke of is for the purpose of getting rehabilitation—simple bankrupts axe admitted to rehabilitation, but not fraudulent

ones—I am not acquainted with the facts of this case—if Mr. Riviere within 20 years had returned to France and reopened his case he would have been condemned as a fraudulent bankrupt—Article 29 of the Code Civil Napoleon makes a difference between a definite judgment and a judgment par contumace (Reading it)—I saw in my brief that he had been condemned to 10 years by the Court of Assize, and there is no appeal to any other Court—612 Code Communal relates to bankruptcy—rehabilitation is not allowed to persons who have committed fraudulent bankruptcy—that may be the law by definitive judgment, but all I can say is it does not say so—Article 612 supposes a fraudulent bankrupt to mean a man who cannot reverse the judgment against him—now, after 20 years, there is no possibility of reopening the case.

JOHN ALLEN ADAMTHWAITE . I live at Fulham, and know Mr. Riviere—I remember his being married to Amy Frances Fisher in 1870—I married another Miss Fisher, a sister—they were married at St. Luke's Church, Berwick Street, Oxford Street—he being a foreigner I arranged the day and hour with the clerk, and gave him the necessary information for filling up the documents—I did not attempt to mislead him—I had no motive for doing so—Mr. Biviere took no part in the directions given to the clerk.

Cross-examined. I did not invent anything—I got my information from Mr. Riviere—I did not know that he was a widower, but that was a mistake of the clerk entirely.

LOUIS ROGET (Interpreted). I live at Charenton, near Paris—I knew MM. Riviere and Zinck—my father was their foreman in the manufacture of stoves, and I was subsequently with Mr. Riviere and his partner, M. Brocard—I am still in M. Brocard's employ—I do not know the circumstances under which Mr. Riviere quitted Paris—my father was a creditor for 4,595 francs—he has received a sum of money in reduction of the debt from Mr. Riviere every year since he came over here, besides a dividend of 13 1/2 per cent in the bankruptcy—I came over here to visit him in 1865 or 1866, and he asked me questions as to what had become of his first wife, but I did not know whether she was alive or dead—I have never heard anything about her since 1867.

ALFRED GAUTIER (Interpreted). I live at 2, Boulevard St. Denis, and was a creditor under Mr. Riviere's bankruptcy for 1,243£ 50c., which he has since paid me, besides the dividend of 13 per cent.—I knew his first wife—I last heard of her about 1859.

Cross-examined. I am related to the witness Madame Gauthier—the debt I speak of is the same which she speaks of—they are combined together, and she took her share—it was paid in 1861.

Re-examined. I am a tailor, and she is a dressmaker—her bill is included in mine.

WILLIAM HENRY HAWKES . I am a music publisher in Leicester Square in partnership with Mr. Riviere—I was present at his marriage to Miss Fisher—I knew at that time that he was a widower—I signed the register.

Cross-examined. My information on the subject was derived from him.

J. P. RIVIERE (Further cross-examined). This is a copy of the circular I sent round to the members of Mrs. Weldon's choir—I suggested to her that Stedman's choir should be engaged for the Crystal Palace to the number of 100—on 24th July I wrote this to her. (This was in French, promising to pay for the, ladies' dresses at Covent Garden, as an encouragement to them)—I was making

arrangements with Mr. Hayes, and I wrote to him as to the benefit night, "on which occasion any excess over expenditure will be for you, but in case of success the salary will be ridiculous, and you can rely on me for that"—on 5th July I wrote to Mrs. Weldon and told her that I had been agreeably surprised with the choir last night—after the first concert she told me that it was nonsense to go to the expense of having Stedman's choir—the Crystal Palace concerts were on Saturday, and on Sunday, 16th August, I wrote to her and said that I thought I must dispense with Stedman's choir on account of the expense—she advised me not to have Stedman's choir after it was engaged, when it was too late; she thought she could produce a satisfactory result with her own trained choir—I wrote and told her that it was done—I addressed her as "Chere capitaine"—I never told the members of her choir at Store Street that it was her fault that Stedman's choir had been engaged—I do not remember that at that time she took this circular in her hand at Store Street, read it paragraph by paragraph in the presence of the choir, and asked me to substantiate it, challenging me with regard to its truth—I will not swear she did not, nor did I when she had gone two-thirds of the way through it put on my hat and say that I did not come there to be cross-examined, and run out of the room—it was not like that at all—she commenced a speech to her assistants, and accused me openly of having cheated her and of falsifying my books at Covent Garden, and I took my hat and left—I do not remember that being read at all—the quarrel between us at that time was upon the matter contained in this circular—I do not remember whether it was about anything else; if you will let me look it it I can remember—the first concert was a financial failure. (The letter was in French, and was read by MR. WADDY)—I agreed to the course she suggested for the sake of economy—I asked her to advertise and I would pay the expense provided the choir was gratis—I have never refused to pay—I was never asked to pay anything except 3l. on account of the advertisements—I paid her 20l. in 1878 for her orphanage—she asked me to pay 3l. for the cab expenses to the Crystal Palace, and I paid it—I have never paid her another penny—I do not think she paid some leading singers—she paid some bills for printing—I assented to using some envelopes for the circulars inside which there was something about the lunacy saws—I always objected to the words "lunacy laws"—Mr. Solby is my secretary—I used to call him Corporal Selby—I know a Frenchman named Vimner—I have commenced an action against him this week for an infamous letter written two weeks ago—I do not know whether he also wrote an aerostic about me years ago—(Looking at it) I saw this 10 years ago—it is not in Vimner's writing, but I know the writing—I do not know that he is the composer of it, the man who wrote it is clever enough to compose it; I have had volumes from him, and I know his writing—I did not threaten to take proceedings upon it against a man named Lamotte, but I accused him though I did not write or speak to him—I put it in the basket (MR. WADDY read several extract in French from the witness's letters to Mrs. Weldon, which he admitted—writing. The agreement between the witness and the defendant was here put in, and also the witness's certificate of naturalisation.)

This being the case for the Prosecution, MR. WADDY submitted that the first Court was the only one which he had to answer, as there was no replication to the special pleas of justification and public benefit, and that issue was joined

upon the first Count only.

MR. LAWRENCE contended that the Court had power to add a replication to the special pleas under 14th and 15th Vic, c. 100s. 25, to which MR. WADDY replied that although the Court had power to amend a plea, it did not follow that it could create one. THE RECORDER was of opinion that the plea of Not Guilty to the Indictment was of itself a replication, in addition to which the swearing of the Jury was a joinder of issue between the parties, and having consulted MR. JUSTICE GROVE ordered a replication to be added, which after being engrossed and added to the Indictment by the officer of the Court, MR. WADDY demurred to, contending that the Court had no power to allow it, and if not, that the Indictment teas left in the same position as it urn before. THE RECORDER reserved the point.)

Witnesses for the Defence.

WILLIAM HENRY FREDERICK COOPER . I live with my father at 22, Gordon Square—I am secretary to Mrs. Weldon—I have had several conversations with Mr. Riviere—I received a telegram from him on 30th September requesting me to meet him at Covent Garden—I met him at the stage door, and he took me into his private room, and told me in the presence of Mr. Hawes and Mr. Murray that he had been a bankrupt, and that fee had lived with a woman named Delbart, who had passed as his wife—I remember his distributing a circular in September at the gate of Mrs. Welelon's house after one of the rehearsals—Mrs. Weldon made no apology at Store Street; she said at her own house that she bore Mr. Riviere no illfeeling, and she hoped matters would be settled amicably, and that the choir would sing at Covent Garden—that was not in the presence of the choir—that is the only apology I know of—an agreement was entered into between Mrs. Weldon and Mr. Riviere on 3rd October—I know that Mrs. Weldon paid several bills—I have examined this book—there are receipts in it for salaries—I should say that Mrs. Weldon spent fully 300l. before any agreement was signed, and 100l. since—I remember her reading a circular to the choir at Store Street Hall, and when she got less than half way through, Mr. Riviere said that he had not come there to be cross-examined, and put on his hat and ran away—she had put no question to him, she merely looked at him when she had read the first paragraph, waiting for a reply, and then went on to read the next—he did not reply at all—there were no other matters of complaint to my knowledge.

Cross-examined. I have gone into the accounts fully—there is how in the bank—Mr. Riviere refused to join me in drawing any more money in the joint names—he did not assign any reason—the accounts of the Crystal Palace concerts are all in the book—I have been secretary about nine months—I think Mr. Riviere ran away when Mrs. Weldon had read as far as the words "350 members"—nothing was said by anybody else—there was no other dispute between them us far as I know—nothing was said about an apology—Mr. Fisher and I went down to see Mr. Riviere, and he came to the conclusion that he would have the choir—he met them at Tavistock House, and was introduced to them, and said that he believed they were going to sing at the Crystal Palace, and he was sure Mrs. Weldon bore him no ill reeling, and that they would go on amicably—she did not speak, she only bowed; she made no apology—she did not read anything from a paper saying that she had much pleasure in withdrawing she imputations against Mr. Riviere—what I call the apology was made

before the contract of October 3rd was signed—that was Wednesday, which was a choir day—I signed the contract—nothing was said or read by Mrs. Weldon on that occasion—I remember that the choir were there—when Mr. Riviere telegraphed to me it was to ask me to meet him about the seating of the choir—that was about 5th or 6th October, and then he said "I suppose you know the letter Mrs. Weldon has written to me?"—he said that she had insulted him, and then he told me the history of his life—Mr. Murray is the treasurer of his concerts, and Mr. Hawes is his partner—I told Mrs. Weldon what he had told me—I am down for 5 guineas to Mrs. Weldon's fund.

Re-examined. There was no occasion when Mrs. Weldon took up a paper and read it to the choir—there is not a word of truth in it—I never missed a meeting—I was there as secretary of the choir.

LUCIE MICHOW (Interpreted). I was at Mrs. Weldon's house about 20th September, when Mr. Fisher was there—it was after the evening practice—a conversation took place, Mrs. Weldon spoke in English, and I understood that Mr. Riviere's name was mentioned—I saw her hand him a paper, but I do not know what it was—I believe he went away after that, taking the paper with him—I saw Mrs. Weldon write the paper.

Cross-examined. Madame Menier was there—I was at work there as needlewoman—we were making up the dresses for the choir—I had worked there since the beginning of last year—I had not noticed Mr. Fisher there before—I did not read the paper, and I do not understand English phrases—I know it was 20th September because it was a rehearsal—there were two rehearsals a week.

ANGELIE MENIER . I live with Mrs. Weldon—I have known her between six and seven years—my husband ran off with an English girl and left me—Mrs. Weldon had reason to complain of him, and he was convicted and sentenced—I have been living with her ever since at Tavistock House—she asked me to join her for the little orphans—I first saw Mr. Riviere in October, 1878, and I first saw Mrs. Riviere at his benefit in 1875 in oar box—Mrs. Weldon forbade me to go several times, as she said that Mrs. Riviere was not respectable, and I must not go into her box—after that Mrs. Weldon wrote a letter to Mr. Riviere about his wife, which she read to me before it went—I afterwards saw a letter which Mr. Riviere sent, and had a long talk with him about it—Mrs. Weldon said in her letter "I met you in 1871 at M. Konski's house with a dark, and not very young, lady who you called Madame Riviere, and the people there said "Don't talk to Mr. and Mrs. Riviere, they are not respectable," and she has fair hair and that lady's was black, and he said "I have been married one and a half times"—Mr. Riviere promised that I should have a stall and books of the words and photographs, but he afterwards said he would not give it to me because I was bad, and my husband had been convicted, and had six months' hard labour—I spoke about it to Mrs. Weldon—this was after the Crystal Palace concerts were over—Madame Michow and Mr. Cooper were going in and out of the room and saw and heard what took place—I was counting some money with Madame Michow, who was at a writing table while they were talking—Mr. Fisher told Mrs. Weldon he had some friends in Paris, and if she liked to give him what she wanted he would make inquiry—she wrote it and gave it to me to read—I remember the post card going; that was the same night or the night after the memorandum had

been given—when Mr. Fisher went away she said "Oh, I forgot to tell Fisher something," and she wrote it—I know that it was written that day—I was at Mrs. Weldon's house when the choir were there, before the I agreement was signed, when Mr. Cooper said they would be able to work all right—I heard Mr. Fisher's evidence when he said that Mrs. Weldon took out a paper and read an apology—there is not one word of truth in that—I went to Paris to make inquiries about Riviere, on 22nd September, 1879, three days after the circular—I am reading from my journal, in which I make entries every day of what I do—I returned on Monday morning, the 29th—I did not obtain what I wanted, the police told me that there were so many Rivieres—I went to Paris again in December, 1879, and saw M. Picard there—I met M. Jacome on the morning I arrived home, but had no conversation with him in Riviere's presence.

Cross-examined. My husband was not employed at Tavistock House—when he was in London he was agent for a Paris house—he was a leather—dresser—I was in France very ill at the time my husband stole Mrs. Weldon's goods—I was sent there by a doctor, and Mrs. Weldon and 11 orphans went with me—I knew Mr. Fisher had been in Paris—I had seen him in the choir, but I did not know which of them he was when the letter to him was directed.

Re-examined. Until we received the letter from him in Paris he had not made any arrangement to find out anything for us.

EUGENE PIOARD (Interpreted). I am a merchant, of 25, Boulevard Montmartre—I never knew Riviere or wrote to him, but he left his card with me at the beginning of January, when I was absent, requesting me to go and see him at the Hotel de Baden, but I did not do so—I bought five or six of his debts, hearing that he was paying everybody, but they have not been paid—I called on a person named Roget, who directed me to his father, and showed me a letter—M. Zinck, the father of Mrs. Riviere, became mad and died in the Biset Hospital—I heard that from one of the workmen, and from Madame Lambri. (MR. WADDY here put in the defendant's bankruptcy proceedings and certificates of his birth and his marriage in France to Mademoiselle Zinck; and of the birth of their child.)

FANNY WHITTAL . I am one of Mrs. Weldon's choir—I was present at Store Street when the circular was partly read by Mrs. Weldon—I have received one of the circulars—I was at her house when Mr. Cooper and Mr. Fisher were there once—I remember Mr. Cooper saying something to Mr. Fisher about the choir continuing, although there had been a difficulty—I was not in Court when Mr. Fisher was examined.

Cross-examined. I was not present when Mrs. Weldon read an apology—Mr. Cooper said that he was happy to inform us that the differences between Mr. Riviere and Mrs. Weldon were arranged, not only the solos, but the other matters at Covent Garden, and "under these circumstances I have much pleasure in most unreservedly withdrawing the imputations I cast upon Mr. Riviere on Tuesday night at Store Street Hall"—I did not hear him say "And regret that I used any language calculated to wound him"—I heard all the rest, but it was said, not read.

Re-examined. All that was said was that everything was arranged amicably between Mrs. Weldon and Mr. Riviere as regarded us going to Covent Garden. By the COURT, I did not understand him to say that Mrs. Weldon had

much pleasure in withdrawing the statements she had made against Riviere—I cannot give you the date, but it was about a week before the first concert at Covent Garden, which was on Monday, 6th October.

GUILTY .— Judgment respited till after the civil action.— To enter into recognisances to come up for judgment when called upon.

OLD COURT.—Thursday, March 4th, 1880.

Before Mr. Justice Grove.

1st March 1880
Reference Numbert18800301-273
VerdictGuilty > unknown

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273. JOHN WINGFIELD (34) was indicted for, and charged on the Coroners inquisition with, the wilful murder of Mary Wingfield.


Prosecuted; MESSRS. FULTON and KISCH Defended. JESSE POTTER. I am a labourer, and live at 2, Brooks Cottages, Hendon—I know the prisoner by sight, and by passing the time of day—on 27th January, between 10.30 and 11, I was walking down the Denmark Road and saw the prisoner and the deceased coming round the corner on the kerb—as they came round the woman fell over into the gutter, and the prisoner knelt down on her shoulders with her head between his legs, and he was striking her all up the front part of her as hard as he could, all up the belly—I saw him strike three or four blows—I did not then know that he had a knife in his hand, I saw it after—I then ran up to him and caught hold of him and pulled him off her by his collar—he made a strike at me and said "I will serve you the same, you b—, if you interfere with me"—I then stepped on the kerb away from him, and he stood on his legs and hit the knife right into her ear—several people had come up by then—he pulled her head and shoulders right up off the ground by the knife and shook the head three times to get out the knife—some other men came up—I appealed to them to help me, but they would not—the prisoner continued stabbing her about the head and face—he said "You know I love you, my girl; I don't like to see you in misery, I might as well finish you now," and he put the knife on to her neck to cut her throat—I stepped up a little closer and begged him not to do it, and he did not cut her—he stood back and said to me "You Know me, don't you, mate?"—I said "Yes, I do"—he said "Yes, I know you"—he then said "I prayed to God this should not happen last Sunday night, but it have now, I know I shall not have to live long, shall I? may the Lord have mercy on my poor soul," and he looked round and walked up on to the pavement, and back again into the road—while he was striking her he said it was for going to the Metropolitan Music Hall, dancing at the Metropolitan Music Hall—after he stepped into the road he held up the knife and said "This is the knife the Sisters of Mercy gave to me to do it for you, old girl"—he said "She went to the Metropolitan Music Hall and left my poor children at home starving; they are all lousy; I took them to three different places in Kilburn, and all three of them have been lousy"—he looked round, and then he bolted away, and he ran along Salisbury Road and over the parapet wall of the railway bridge—I followed him; he had the knife in his hand all the while—somebody threw a stone at him and knocked him off the wall—he ran round the railway and right down into Saxby and Palmer's workshop, where all the men were working, and said "Show me the man that took my old

woman to the Metropolitan Music Hall"—I told the men what be had done—the foreman came up; the prisoner wasted to shake hands with him; he would not because he had the knife in his hand; he offered him the knife with the blade towards him; he Would not take it, then he turned the handle and offered it him, and he took it from him—I and another young man then took him by the collar and threw him on his back—a lot more men came in then find took him out of the shed, in to the yard, and detained him till the policeman came and took him to the station—I went to the station with him.

Cross-examined. I did not know the prisoner when he worked for Saxby and Palmer; I only knew him by sight and passing the time of day—I knew nothing of his affaire—I never worked with trim—the whole of what I saw on this occasion did not take more than about five minutes from the time I first saw the prisoner till he ran away—I caught hold of him and endeavoured to get him away from the woman—it was not above a minute before others came up; there were a dozen or more, women and boys and young chaps—they stood and looked on while this was going on—when the prisoner had the knife on her neck a good many halloaed murder and police—there were no police present at any portion of the time—the prisoner seemed regular wild with rage—it was about 700 yards to Saxby and Palmer's the way he went—Denmark Street is one of the back streets leading out of one of the main streets—it was a very foggy day.

Re-examined. The fog did not prevent my seeing what was going on.

HENRY MEDHURST . I live at 118, Albert Road, Kilburn—I work for Mr. Cheek, an oilman, who has a shop in this neighbourhood—on 27th January, about 11 o'clock in the morning, I was at the corner of Denmark Road; I saw the prisoner running after a woman up Denmark Road; he had a knife in his hand—I ran alter him along Salisbury Road; just as the woman was going to step down from the kerb he caught hold of her, pulled her over on her side, and stabbed her twice in the right aide of the face—he then knelt down and kissed her and drew the knife round by her right ear—I could not say whether he cut her—he then got up and shook the blood off, saying "This is the knife the Sister of Mercy gave me"—he then said "My dear, I love you still, yet I cannot see you lie in misery, I must do for you"—he was then getting a little calm, standing up—he theft put the knife again in the right side of her face—the crowd called out "Please don't," "Murder," and "Police," then Potter ran and took three broom handles that were outside an oilman's shop, and the prisoner ran away along Salisbury Road on to the railway—he said "I don't care if a train comes, I shan't move, I am going after the man thai went with my wife to the music-hall; I will learn her to go out singing and dancing and leave my children at home starving; I have been at three homes now and every one is lousy and my children are the same"—he then went into the carpenter's shop in the factory and walked up and down between the benches till he met Mr. Belph, the foreman, and he gave him the knife.

WILLIAM RELPH . I live at 13, Canterbury Terrace, Kilburn, and am foreman at Saxby and Palmer's—on Tuesday morning, 27th January, about 11 o'clock, I went into the workshop and saw the prisoner there—he appeared to be excited—he said "Mr. Relph, take this knife," presenting one to me—I said "I don't want the knife," and told him to throw it down—he did not present it with the blade forem out, with the handle—I

took it from him; he handed it to me—the policeman came and I gave him the knife and the prisoner was taken into custody—this is the knife (produced).

Cross-examined. I was over the prisoner at the time he was employed at Saxby and Palmer's—he left nine years since; he worked there about two years; he was married at that time—he was a washer of timber—I found him a steady, hardworking respectable man.

EMILY ELIZA MOORE . I am the wife of George Moore, of 140, Herries Street—I am a niece of the deceased; she would have been 33 next birthday—I believe the prisoner is her husband; they lived together, not up to the time of her death, they had been nine months living separate—she lived at 9, Offenham Terrace, Kilburn—the last time I saw her in good health was on "Wednesday, 21st January—on Tuesday, 27th, in consequence of information, I went to Denmark Road, and found her lying in the road bleeding—she was removed to St. Mary's Hospital, where she died—I saw her dead body there.

SUSAN GOODRICH . I live at 9, Offenham Terrace, Kilburn—the deceased came to lodge with me on 30th March last, with one child—the prisoner came there frequently, but never came into the house—he came on Sunday, the 25th January, and asked to see his wife—I told him he must come again, she was in bed—she never would see him—he came also on Sunday, the 20th, and on Wednesday, 21st, and then he said that God had refrained his arm from striking his wife or he should have been under lock and key; "the first time I meet her will be the last."

Cross-examined. During the time the deceased was lodging in my house she was only visited by ladies coming to employ her as a charwoman; no man came there—she conducted herself in a respectable manner—she used to tell me how the prisoner illtreated her.

SAMUEL CLUNY (Detective B). On Tuesday, 27th January, about 11 o'clock, in consequence of information, I went to Saxby and Palmer's, and there saw the prisoner surrounded by a number of men—I received this knife from Mr. Relph and took the prisoner into custody—the point of the knife was broken—it is now exactly in the state in which I received it—the prisoner asked me if his wife was dead—I told him I did not know—he said "I gave the knife to Mr. Relph; the Sisters of Mercy have it to me'; I went to the Metropolitan last night to see her; I went to bed at 2 o'clock this morning; I was up again at 4 o'clock; I waited to see her; I knelt down to pray to God last Sunday night, but this is done after all; God bless her, I love her still; now my poor children will have clean sheets to lie in and some one to look after them, poor little things; let me see them before I go away, will you?"—I said "Yes, if you will go quietly with me to the station," which he did—I searched him at the station, and found a purse, two halfpence, a comb, a prayer-book, a school-board summons, and some tracts—the prayer-book he had obtained from the Sisters of Mercy—he had two tickets—they give tickets to the working classes who are out of work, and it fell to his lot to have a knife and a prayer-book.

CHARLES GRAHAM HAVILL . I am house surgeon at St. Mary's Hospital—on Tuesday, 27th January, at 11.30, the deceased was brought there—she was insensible—she died at 2 o'clock the next afternoon—I examined her before death—I found 14 wounds, 10 on the head and free, one

penetrating the right eyelid; that was the most serious wound—after death I found that the knife had entered the skull, dividing an artery and the nerves at the base of the brain—there were six wounds on the right side of the face and one behind the right ear—the point of the knife was found sticking in the bone in the wound behind the right ear—the injuries to the brain were the cause of death—such a knife as this would produce the wounds—she never recovered consciousness.

MART SIVERS (Examined by MR. FULTON). I have known the prisoner some time; he lodged in my place about three weeks—he spent his evenings at home with his children—he was very fond of them and very kind and affectionate in his manner—he was a chaff-cutter at that time and went out early to his work—on Sunday he used to look after his children and wash and dress them as well as he could.

MARY ANN GLENISTER (Examined by MR. FULTON). I am the prisoner's sister—I have a sister now an inmate of the Bedfordshire County Asylum; she is over 30 years of age; she has been there going on for three years—my father died when he was 32; he was an engine—driver and was killed on the railway.

MR. FULTON called

JOHN KING . I am a M.R.C.S., and practice at Kilburn—last July twelvemonth I was called to the police-station and found the prisoner there—I was asked to give my opinion as to his then state—I remained with him about a quarter of an hour—I was told that he had been in a very excited state, that he had smashed the windows of the house in which he was residing, and he was charged with having done that damage—he was in such a state of mind that I was unable to give a decided opinion as to what I thought should be done with him*—I thought he was not responsible for his acts, and I accordingly gave a certificate so that he should be placed under care at the infirmary of the workhouse, that the surgeon there should be better able to judge of his exact condition—my interview with him then terminated—my suggestions were carried out—I saw him from time to time afterwards, I can't say how long afterwards; but he has been under my care since then, I think for erysipelas of the leg or legs.

Cross-examined. He was not living with his wife at that time—he was in a most miserable condition when I saw him 18 months ago—he was in such a highly excited state that I had the impression that he really was a lunatic, from his violence and his manner generally—I was only with him ft quarter of an hour—it was a casual visit—I gave a certificate that he was irresponsible for his actions—I was unable to form a distinct opinion, therefore I sent him to the infirmary—Mr. Gage was the medical man there.


1st March 1880
Reference Numbert18800301-274
VerdictGuilty > with recommendation

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274. JOSEPH RANNIE (28) , Feloniously sending a letter to Richard Newman demanding money without any reasonable or probable cause.

MR. GEOGHEGAN Prosecuted.

RICHARD NEWMAN . I am a master tailor, and live at 13, Station Road, Finchley—I also hold a licence to sell beer to be consumed off the premises—in November last I engaged the prisoner as a workman—he was with me six or seven weeks, and I then discharged him through slackness of work—on 31st January I received this letter from him, and afterwards this one of 1st February, (These complained of being discharged without notice, and

stated that unless the witness paid him 3l. he should report him for allowing beer to be drunk on his premises contrary to his licence.) On receiving those letters I communicated with the police.

Cross-examined by the Prisoner. I did not promise you work through the winter—I did not sell beer to be drunk on the premises—there is no truth in it.

SARAH HOWARD . I live at 6, Albert Street, Finchley—the prisoner lodged with me—I have seen him write, and know his writing—I believe these letters are written by him—I received this letter from him when he was in prison. (This requested the witness to go and apologise for him to the prosecutor for having written the letters, and stated that if the charge was withdrawn he would come and clear the prosecutor's chtaracter.)

HARRIET NEWMAN . I am the prosecutor's wife—on 9th February 1 went to Mrs. Howard's and saw the prisoner—I asked what be meant by sending these letters to Mr. Newman—he said he did not want anything to say to me, all he had to say he had said in the letters—I asked him what he wanted—I did not ask him how much money he wanted—after some conversation I left the house and gave him into custody.

JOHN PLUMPTON (Policeman S 182). Mrs. Newman gave the prisoner into my custody for sending two threatening letters to extort money—he said, "All right, I can't help it; I must do the beat I can." ALEXANDER SMITH (Police Inspector). I asked the prisoner at the station how he spelt his name—he said, "You know; you have got it in the letters."

GUILTY . Recommended to mercy by the prosecutor.— Four Months' Imprisonment.

1st March 1880
Reference Numbert18800301-275
VerdictGuilty > lesser offence

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275. JOSEPH WHEELER (31) , Feloniously wounding Elizabeth Wheeler with intent to do her grievous bodily harm.

MR. GRIFFITHS Prosecuted; MR. A. B. KELLY Defended. ELIZABETH WHEELER. The prisoner is my husband—he is a horse-keeper—I lived with him at 11, Church Place, Paddington—about 3 o'clock in the afternoon of 10th February he came home the worse for drink—he said he wanted some money—I said I had none—he said, "I will have some"—he took a knife out of the table drawer and said, "I will cut your pocket out; you have some money and I mean to have it"—he tried to get hold of my pocket—I had my dress pinned up—he hit me on the head with the knife—I said, "Oh, don't"—he hit me again with the knife—I took hold of it and cut my finger—he had a hammer in his left hand, and he hit me on the cheek with it—I was stunned for a minute or two by the blow on the head with the knife—I fell back on the floor and he kicked me across the stomach—my mother was sent for—I was afterwards attended by a doctor.

Cross-examined. My husband was not out of work at this time—he had done two days' work, but before that he had done no work for three months—his mother bought us some meat and vegetables—I had been in a public-house with my husband—I was not the worse for drink; I only had 8 penny worth of beer, and half a quarter of rum and shrub between the two of us—I am not a drinking woman.

HANNAH ISON . I live next door to Mrs. Wheeler—on the afternoon of 10th February I saw her at the door of her room covered with blood—my

niece went with her to the station—I saw the prisoner come out of his room, and he said to her, "Die, you b—"—I had hold of her at the time—I did not see or hear anything of the quarrel.

JOHN GUISE WESTMACOTT . I am surgeon to the X division of Police—on 10th February I was called to the station to see Mrs. Wheeler; she was Weeding very profusely from the top of the head; she was very faint, and appeared much shaken—there was an incised wound about 1 or 1 1/2 inch long, extending to the skull; I stitched it up—the right cheek was very much swollen, and there was an abrasion of the skin—there was a cut on the forefinger of the right hand—she complained of pain in the abdomen, but I did not examine that—she was not dangerously hurt—I was shown a knife and a hammer—they might have caused the injuries I saw.

Cross-examined. It would not require a heavy blow to produce the injury to the cheek—there was considerable bleeding from the head—I had great trouble in stopping it—there was no serious wound.

WALTER MORRELL (Policeman X 108). Mrs. Wheeler was brought to the station on 10th February, about a quarter past 4 o'clock—from what she said I went to the prisoner's room—the door was fastened inside—I got it open and found him inside, drunk, sitting in a chair—the room appeared as if there had been a scuffle; the table was pushed on one side, the knife-drawer was open, and a plate was broken—I found the hammer on the floor—the knife was given to me by Mrs. "Wheeler—I charged the prisoner at the station—he made no reply.

GUILTY of unlawfully wounding.— Eighteen Months' Imprisonment.

NEW COURT.—Thursday, March 4th, 1880.

Before Mr. Justice Bowen.

1st March 1880
Reference Numbert18800301-276
VerdictGuilty > lesser offence; Guilty > lesser offence
SentenceImprisonment > penal servitude; Imprisonment > penal servitude

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276. HENRY GARRETT (39) and WILLIAM WORDLEY (24) , Feloniously forging and uttering a cheque for the payment of 5001, with intent to defraud.

MR. POLAND and MR. H. D. GREENE Prosecuted; MR. THORNE COLE defended Garrett, and MR. PURCELL defended Wordley.

ALFRED JOHN BOYCE . I live in Rose Road, Wellington, Surrey—I am cashier in Messrs. Barnett, Hoare, and Co.'s bank—on 22nd December, 1879, I received 200l., with directions what to do with it—I placed it to the credit of Mr. Hunt, of Reading, by Somers; that means it was paid "by Somers—I remitted the money to Messrs. Stephens's tank in due course.

SAMUEL STOKES . I live at 23 Eldon Square, Reading—I am a clerk in Messrs. Stephens's bank—on 23rd December I received from our London correspondents, Messrs. Barnett, Hoare, and Co., 200l., to be placed to the credit of Mr. Hunt—Mr. Hunt hap! then no account at 6ur bank—he called at the bank on 3rd January and spoke to the cashier, who referred the matter to me—I asked if he had a letter winch would identify him—he produced a letter signed by Somers—I allowed him to open an account and to draw against the 200l.—he signed the book with his name and address—a cheque-book was handed to him containing 12 forms—the address given was 42, Zinzan Street, Reading.

BERNARD RUDDOCK . I live at 25, Prospect Street, Reading—I am a clerk in the employ of Messrs. Stephens. Blandy, and Co., of Reading—I saw Edward Hunt at the bank on Monday, 12th January Wordley,

whom Hunt introduced—he said "This young man will call for the passbook and change my cheques"—on Saturday, 17th January, Wordley brought these cheques to the bank (produced, drawn by Dean and Hatton, dated 15th January, in favour of E. Hunt for 500l.)—at the same time he cashed a cheque for 60l., payable to self or bearer—the cheque for 500l. was sent to London to be cleared on Saturday evening—on Tuesday, the 20th, Wordley came to the bank again—he asked for Hunt's pass-book; I gave it him—this is it (produced)—the credit-side shows a total of 790l. 18s. 2d.—I received information on Tuesday about two of the cheques—Wordley came again on Wednesday, 21st January, and presented a cheque for payment over the counter of that date for 23l., signed "Edward Hunt"—he said he wanted 50l. in notes and the remainder in gold—the cheques were out of Hunt's book—I did not give him the money—I handed the cheque to Randell, a police officer—I then left the officer to deal with him—the notes would be our own notes; we do not number them.

MARY ANN JOHNSON . I live at 42, Zinzan Street, Heading—I let lodgings—on Saturday, 27th December, I let to Mr. Edward Hunt a back parlour and a back bedroom over—he paid me 10s. for a week in advance—he came on the Monday—a letter came on the Tuesday—he went away for a week—he came back on the 7th January—on the 12th Wordley joined him at breakfast—between the 12th and the 21st I frequently saw Wordley there—I last saw Hunt on Sunday morning, the 18th January—he paid me on the Saturday a week in advance, and left on the Sunday—he gave no address—Wordley called on the Monday and Tuesday for letters—Wordley had had access to Hunt's room—Hunt called him "My man Wordley," and once I heard him say "Bill"—I saw Hunt's pocket-book and plenty of bill-heads printed like the one produced.

Cross-examined by MR. PURCELL. When I went into the room when Wordley was there he was reading the paper, and then he would more and begin writing—he was with Hunt a long time on the Saturday when Hunt spoke about leaving.

By the COURT. Hunt said he was going to Chelmsford, in Essex, to Mrs. Cattle, a widow lady, and he went on to say something about people trying to rob this widow, and he was going to see her righted—I did not take much notice of that—he said he was coming back not before Friday week, but he would write me the day before—he took away his luggage—Wordley called on the Sunday after Hunt had gone—my little girl opened the door; I did not see him—when Wordley came on the Monday it was about 9 a.m.—he stayed some little time writing—I asked him whether I was to continue the newspapers—he said "Oh no; Mr. Hunt must have forgotten to tell you not to take them"—he came twice on the Tuesday; my little girl let him in both times—the detective brought him on the Wednesday—Hunt kept his luggage in the bedroom—Wordley did not use that room.

HERBERT RUNNICLES . I reside at No. 8, West Street, Reading—I am a chandler—I let lodgings—I had a card in. my window early in January, "Lodgings to let"—Wordley came on January 14th or 15th and asked me if I had a room to let—he looked at the room and paid 2s., in advance—the rent was 4s. a week—it was a bedroom—he gave no reference—he had no luggage, only a small paper parcel—I cannot say the time he came—it Saturday, the 17th—he asked to be called at a quarter to 7 to see

some luggage off at the station—I called him—he did not get up till 12—he slept there on the Sunday and Monday nights—Garrett called between 9 and 10 on the Monday—Wordley had just gone out—Garrett said "Is there a young man lodging here?"—I said "He has just gone out"—he went away—Wordley asked to be called early the next morning, as he said he was going to London—I was going to Basing-stoke on that Tuesday morning—I did not see Wordley; he had not come down—he slept there on the Tuesday night—on the Wednesday night I sat up for him—he did not come back—I afterwards heard he was taken into custody—Wordley had told me where he lived before he came, but I cannot remember the place—I think he said he was looking out for a situation as a clerk—I did not hear him mention Hunt's name nor Zinzan Street—I went to Newgate on the 26th January and identified Wordley and Garratt-Garratt had more whiskers when he called on the 19th.

Cross-examined by MR. COLE. Garrett merely called to inquire for Wordley and went away—the police have not suggested anything to me about Garrett's whiskers—I believe Garrett had a moustache and whiskers under the chin where it is now shaved—I told the detectives I thought he had changed his beard since I saw him.

Cross-examined by MR. PURCELL. I did not ask Wordley for any references.

Re-examined. I saw Garrett among twenty or thirty others at Newgate and picked him out.

By the COURT. I went to Basingstoke on the Tuesday—I could not swear whether I saw Wordley before I went to bed on the Tuesday night or not—I had no conversation with him as to whether he had been in London.

CHARLES LAMPE . I live at 27, Bryan Street, Reading—I am a pork-butcher—on the 12th January I sold some porkers to a man for 5l. 10s. and 1s. the package—they were wrapped up in a bag and sent to the station with an address upon them.

Cross-examined by MR. PURCELL. Neither of the prisoners is the man.

GEORGE BRISTOWE . I reside in Derby Street, Reading.—I am a parcel porter in the employment of the Great Western Station at the Reading Station—on Monday, the 12th January, I was at the station from 6.30 a.m.—about 10.30 a.m. a man came there to forward some meat in a package—I believe Garrett to be the man—another man wheeled it on a barrow—Garrett said he wished me to book it to London—I asked him if it was to go by passenger train or goods—he said "By passenger train"—he said there was a delay or something of the sort, and he wished them to get there quicker—I weighed the package—the carriage was is. 6d.—this is the way bill—I said "You must put it on to the wheelbarrow and wheel it to the end of the platform"—it slipped off; we picked it up and put it on ourselves—after he had waited five or six minutes I told him I would see it in the train all right, and it was put in the 11.10 train—I copied the address in the way bill from the address on the package, "Dean and Hatton, 20, Central Meat Market"—I went to Newgate on Saturday, 24th January—I saw Garrett among twenty men—it was a very foggy morning—I said I would not swear to him—to the best of my belief he is the man.

Cross-examined by MR. COLE. I said at the Mansion House, "I did

not identify any one in Newgate, but to the best of my belief the prisoner Garrett is the man"——I would not swear that he had whiskers under the chin.

ALFRED WHEELER . I live in Arthur Road, Reading—I am a carman employed by Messrs. Huntley and Palmer—I fetch the milk from tie station—I saw Bristowe at the station on the 12th January, and I saw Garrett there—his whiskers were different—Garrett brought some pigs to go to the Central Meat Market—I saw the pigs weighed, and helped Bristowe and May to lift them from the barrow to the scales and from the scales to the barrow—Garrett stood by; he asked Bristowe if there was a special dealers' rate—he was under my observation for some time—I next saw him on the 2nd of February at Newgate marching round the yard with eighteen or twenty more—I bad no doubt about him any more than the cropping off of his whiskers.

Cross-examined by MR. COLE. The man I saw at the station had a moustache and hair on the chin—I saw him for about a quarter of an hour—I did pick him out at Newgate.

ALFRED DEAN . I am one of the firm of Dean and Hatton, meat salesmen, of 20, Central Avenue, Metropolitan Meat Market—we have been in business there since the market was established, and are well—known salesmen—on the 13th January I received a consignment of three pigs by the Great Western Railway from Reading, and this advice note (produced. Dated 12th January, 1880, from 42, Zinzan Street, Reading, and signed "P.P. Hunt, W. W")—I afterwards received by post this letter, in the same writing, dated 14th January, "Did you receive three pigs which I sent on Monday? as not hearing from you I fancy the note must have miscarried; an early answer will oblige"—it was signed in the same way—the pigs were sold in the public market on the 15th February—they realised, after deducting my charges, 4l. 9s. 8d:—I drew a cheque on the! Bank of England on the 15th for 4l. 9s. 8d.—this is the counterfoil (produced): "A 60, 145 E. Hunt, 4l. 9s. 8d."—I drew this cheque (produced) myself—it corresponded with the counterfoil—I sent it by post to E. Hunt, 42, Zinzan Street, Reading—I received my pass book on the following Tuesday about 12 o'clock, with my cheques—I noticed the amount on the one produced—I knew I had not drawn 500l.—I found by the pass book the cheque had been altered from 4l. 8s. 9d. to 500l.—that was done without my knowledge or authority—this was my only transaction with Mr. Hunt.

WILLIAM INWARDS (Detective Sergeant). On Wednesday, 21st January, I went to Broad Street, Reading—about a quarter to 11 a.m. I saw Garrett and another man about 500 or 600 yards from Messrs. Stephens's bank—I watched them—they stood at the comer of Cross Street, which leads from Broad Street, to opposite the railway station—they went hurriedly in the direction of Marketplace—Messrs. Stephens's bank looks on to the Market Place—it is a triangle, you can see two sides of the bank—Garrett stood on one side, the man not in custody on the other, so that they could both see into the bank—they remained about a, minute, when the man not in custody hurriedly left and went back into Broad Street, the way in which they had come—Garrett then went and took his position, which would enable him to look straight into the bank window—that was on the opposite side to the bank—he stood against Messes. Huntley and Palmer's biscuit shop

with his back to the window looking at the bank—I then saw Wordley come out of the bank—I had not seen Wordley before—Garrett directly tuned sharp round and looked into Messrs. Huntley and Palmer's window—he bent down—"Wordley passed close by Garrett in the direction of Zinzan Street, followed by Sergeant Outram—when Outram came out of the bank Garrett was still standing there—I spoke to Sergeant Outram, and he took Garrett into the bank—I then went into Broad Street and looked about all round the neighbourhood to find the man who had been with Garrett—I never saw him again—I hare been looking for him since—he is a man about 5ft 11in., fair, long, fair moustache, no whiskers, dressed in a long Ulster coat and a broad soft hat, haying very much the appearance of an American.

HENRY RANDALL . (Police Sergeant). On Wednesday, 21 January, I was at Reading—I was watching in Messrs. Stephens's bank—Wordley came into the bank about 11 a.m.—he presented a cheque for 230l. for payment—from what Mr. Ruddock, the cashier, said, I said to Wordley "I am a police officer, that cheque you have just presented for payment is in connection with a forgery on the Bank of England, where did you get it from?"—he said "My master gave it me"—I said "Who is your master?"—he said "Mr. Hunt, and he is living at 42, Zinzan Street"—I said "Where do you live?"—he said "No. 8, West Street, Beading"—he said his name was William Wordley—I said "Now, go on; where are you going to take the money to, where are you going to meet your master?"—he said "I am going to take it to 42, Zinzan Street"—I said "Go on then as though you had got the money, to your master"—he then went out of the bank—he had a small leather bag—I followed him—he took one side of the street and I the other—we went in the direction of Zinzan Street—he went in first, I followed him into a back parlour—I saw the landlady—I remained there about three-quarters of an hour with the prisoner—he said he expected his master to come in—he did not come—I then left with the prisoner, and we went to the railway station—I said "See if you can see any one"—I waited there two hours—I saw nothing of Hunt—Wordley said he was engaged by Mr. Hunt as his clerk, and he had been in his employment about a fortnight, that he received 2l. a week, and he thought it was a very easy place, with nothing to do; that the cheque and tie bag were given to him by Mr. Hunt outside the railway station that morning—Sergeant Outram brought Garrett to the railway station—I said to Wordley "Do you know that man?" referring to Garrett—he said "I never saw him before in my life"—we conveyed Wordley and Garrett to Bow Lane Police Station, London, where they were charged—on searching Wordley I found this letter. (Addressed to W. Wordley, 51, Lindley Street, Mile End Road, E., dated 9th January, 1880, and signed "E. Hunt," with a printed heading, 42, Zinzan Street, and a picture of sheep and cattle, stating "Your references are quite satisfactory, I will engage you at the salary mentioned, 2l. per week; you can come down at once and commence your duties")—I also found this receipt (produced) for an advertisement in the Dailey Chronicle dated 6th January, 1880—I bought a Daily Chronicle of 7th January, and found in it this advertisement:—" Clerk.—Wanted, a situation by a young man, aged 24, who has had experience in book-keeping and correspondence, good references., salary moderate; address W. W., Daily Chronicle office, 132, Fleet Street"—Wordier said when charged he

was quite innocent—on the following Saturday I went to 52, Huddard Street, Burdett Road, where Garrett was living—I followed a woman there from Newgate in consequence of what I heard—I made a search there—I found this cheque-book on the Central Bank of London—I found other papers, but not relating to this case—Garrett gave me no address at the station.

Cross-examined by MR. PURCELL. Wordley gave an address at the Mansion House where some pigs were bought—that is the only one he gave to me.

Re-examined. The pigs, he said, were bought at Maidenhead, and sent up to market in the same way as this meat was.

ROBERT OUTRAM (Detective Sergeant). On Wednesday, 21st January, I was watching inside Messrs. Stephens's Bank at Reading—I saw Wordley leave the bank with Randall—I left by a private door—when I came out I saw Garrett opposite Messrs. Huntley and Palmer's shop in the Marketplace, about 56 yards from the bank—Randall made a sign to me, and 1 went up to Garrett—I said, "I want you to step into the bank"—he said, "What for? Who are you?"—I said, "I am a detective sergeant, and I shall take you into custody for being concerned in forging and uttering a cheque upon the Bank of England for 500l."—he said, "I have no forged cheques about me"—I then took him into the bank—he sat down and commenced crying and said, "It is a bad job"—he sat for about half an hour, and never said a word—I said, "What is your name?"—he said, "Garrett"—I said, "Where do you live?"—he said, "In London"—I said, "What part?"—he said, "I do not want any one to know that I am in custody"—I searched him and found this envelope produced. (With a Burslem post-mark of 7th January, and addressed to "Wm. Wordley, Esq., Mrs. Tyler, 51, Lindley Street, Mile End, E") I said, "Is that your name, and do you live in the Mile End Road at that address?"—he said, "No, I know nothing about it; I live at Mile End Old Town"—I asked him what he was—he said, "I am a furrier, and I have come down to Reading to see if I could get a day's work"—on searching him I found 2l. 0s. 11d—he was brought to London to Bow Lane Station and charged—he gave no address further than Mile End Old Town—on the charge being read over to him he said, "What I have got to say I will say before the Magistrate."

Cross-examined by MR. PURCELL. I did not hear Wordley tell Randall he came from Burslem in Staffordshire.

HENRY RANDALL . I do not remember Wordley saying he came from Burslem. (Deposition read: "I also found on the prisoner Wordley the receipt produced for advertisement; he said,' I also come from Burslem in Staffordshire.' ") If it is in my deposition I said so.

DAVID ESKELL . I am a labourer employed by Messrs. Talbots, timber merchants, of Reading—their timber—yard is about 150 yards from the Great Western Railway-station—on Thursday, the 22nd January, I was at the yard—I found these two cheques produced, in the timber—yard between 11 and 12 a. m. when I was sent by the foreman to fetch a deal—I handed them to Mr. Purchase—the following morning I was removing some spokes in the yard when I found this pass-book, and a few feet from it this cheque, in the same place as I had found the other cheques, but lower down—I handed them to the police.

JAMES PURCHASE . I am Superintendent of the Reading Police—on the 22nd January last Eskell gave me these two cheques, and on the 23rd this

pass-book and the other cheque. (Cheques produced, dated 17th January, 1880, for 890l., on Barclay, Bevan, and Co., in favour of E. Hunt or bearer, signed Lee and Covell; 19th January, for 1,400l., in favour of E. Hunt, on Bank of England, signed by Thomas Wyld, endorsed E. Hunt; and 21st January, for 230l., payable to self or bearer, signed E. Hunt.)

JAMES CHARLES COVELL . I am one of the firm of Lee and Covell, carrying on business as meat salesmen at 130, Metropolitan Meat Market—on the 16th January I received this letter. (Dated 15th January, from E. Hunt, of Zinzan Street, Beading, consigning pigs to Messrs. Covell)—we received two pigs, which came by passenger train—we sold them—after deducting our commission the price realised was 3l. 0s. 8d.—I then drew this cheque on Messrs. Barclay, Bevan, and Co.'s Bank—it has been altered to 890l.—I sent the cheque to 42, Zinzan Street, Heading, the address mentioned in the letter on 17th January—that is the only transaction I had with Mr. Hunt—I knew nothing of him—I gave no one authority to interfere with my cheque in any way.

GEORGE BURROWS . I live at Caversham, near Beading—I am in the service of Mr. Thomas Day, pork butcher, of 24, Pratt Street, Beading—on Saturday, 17th January, between 11 and 12 a.m., Wordley and another man came—the other man purchased some pigs—the price was 6l. 5s.—Wordley went to get a wrapper; he came back with a wrapper, needle, and string—they wrapped up the pigs, and I assisted them to lift the pigs into my master's cart—I was told to take them to the Great Western Railway-station at Reading—I did so—they did not go with me—I saw them at the station—they helped me to get them out of the cart—they said they could manage it then, and I left the pigs in their possession—I had not seen Wordley before—I saw him the Monday afterwards coming, down the King's Road, Beading—I did not speak to him—Wordley gave me no name and address as it was a ready-money transaction—I went to Newgate on the 3rd of February, and recognised Wordley at once.

THOMAS GAMBLE . I am employed at the Great Western Railway-station at Heading—on Saturday, 17th January, I was doing porter's work there—on that morning some pigs were brought wrapped up in canvas—I weighed them—the carriage came to 4s. 3d.—I have not seen the person who brought them—I made out the way—bill, and filled in the address from that on the cloth—I sent them by the 12.50 passenger train.

FREDERICK GEORGE WYLDE . My father, Thomas Wylde, carries on business at the Metropolitan Meat Market—on Saturday, 17th January, I received two pigs, accompanied by this letter: "Sir,—Please find two pigs, kindly sell them at best price, and return account to above address"—I sold the pigs—after deducting my commission they realised 4l. 16s. 10d.—I drew a cheque dated 19th January for that amount, payable to E. Hunt—my father signed it in my presence—it was sent to Mr. Hunt, of 42, Zinzan Street, Beading—this is the cheque—it has been altered to l,400Z.—I have the counterfoil—that was my only transaction with Mr. Hunt (The cheque was endorsed "Edward Hunt.")

ANN TYLER . I am married, living at 51, Lindley Street, Mile End Road—Wordley came to lodge at my house on the 6th or 7th October—I had a hill up outside—he said he came from Liverpool—he brought no luggage when he came, only a change of linen—he stayed till the 3rd January—he paid is. per week—I gave him a week's notice—he asked me to take any

letters in that might come for him, which I agreed to do—he didn't say where he was going to live—this is the envelope of a letter which came on the 9th, which he called for on the 10th. (The letter stating that Wordley's references were satisfactory)—I believe he was looking for employment

Cross-examined by MR. PURCELL. He gave his name as William Wordley—I was satisfied with his conduct—I gave him notice because I wanted the room.

SOPHIA COCKERILL . I Live at 118, Jamaica Street, Stepney—I had a notice in my window of lodgings to let—Wordley lodged at my house four nights, from the 6th to the 10th January—he had a bedroom—he said he came from Edinburgh, and that he was seeking employment—he gave his name as Wordley—he had no luggage—I never saw him after the 10th—I expected him back; he had the key—I afterwards received this letter enclosing the key (Dated 12th January, from 42, Zinzau Street, Reading, also asking witness to forward her bill)—he had paid half a crown in advance and I did not trouble him further.

HENRY RANDALL (Re-examined). I found at 53, Huddard Street this receipt lor refit paid by Henry Garrett for that very house—I also found his cheque book with some cheques on the Central Bank—there was no writing on them: simply the forms.

BERNARD RUDDOCK (Re-examined). Edward Hunt was about five feet seven inches in height, wearing a slouch or billycock hat, with a drab over—all smock frock that dealers wear, a black moustache, slight whiskers, and a heard.

ALBERT WHITE . I am related to Mr. Lampe, and am employed by him—I remember three pigs being bought by some person; I do not remember the day—I took them to the railway station with Mr. Lampe's nephew—I do not know the man who bought them—I saw him at the railway station—I do not recognise either of the prisoners—neither of them is the man who bought the pigs.

HERMAN LAMPE . I am the nephew of Mr. Charles Lampe—I remember some pigs being bought on the 12th January—I assisted in taking them to the station—I saw the man who bought them there—neither of the prisoners is that man—the man who came to our shop had no moustache and very little beard.

HENRY RANDALL (Re-called). I was present when the prisoners produced written statements before the Magistrates, which were read out and taken down—the prisoners afterwards signed them. (These statements were read. Garrett's was to the effect that he had knoum Wordley three or four month by meeting him at public-houses, and at one time living in the same neigh bourhood; that Wordley told him he had obtained a situation, and gave him As his address 8, West Street, Reading; that on the 19th January he went there on business and called at that address, Wordley not being at home; thai he went again on the 21st, met Wordley in the street, and was arrested; that the witnesses were mistaken, as he was never at Reading before the 19th January, and that he had never altered his whiskers. Wordley's statement was to the effect that he was the dupe of Hunt; that he met Garrett in Reading, having known him before in London, when to his surprise he wot arrested; that he did not own that he knew him when he was at the railway station, because he did not wish to bring an innocent man into trouble; that be thought if he said he did not know him there would be an end of the

matter so far as Garret was concerned; that to the best of his belief, Garrett did not know Hunt; that he said once to Hunt when he handed him a cheque "This is a large amount," when Hunt said "Yes, I consigned a lot of beasts before you came, and this is the cheque for them; that Hunt opened all the letters, and that he, Wordley, was perfectly innocent The statement also included references as to Wordley's character.

Witnesses for Garrett.

JACOB ROCKER . I am a hairdresser at 105, Burdett Road, Bow—I have shaved Garrett for six or eight months previous to the end of December last—his moustache and side whiskers are the same now as when I shaved him.

Cross-examined. I was asked to give evidence the night before last by Mr. Mortimer, who is defending the prisoner—he came to my house with two gentlemen, and introduced himself as Garrett's solicitor, mentioning his name—I did not previously know his name was Garrett, but they described the colour of his hair and his face, and I soon knew him—they mentioned his size, which was a little taller than myself and stout, fair hair, carrotty whiskers, moustache, and rather red face—I shave a few hundreds in the course of a week—I did not know where he lived—I might have been him in January, but I do not think I saw him in the middle of January; I cannot say—I will swear I shaved him repeatedly—he used to come in regularly, I mean two or three times a week—my shop is about five minutes' walk from 53, Huddard Street

Re-examined by MR. COLS. Mr. Sneider is my master—I am merely the assistant—I did not see any policeman outside watching—barbers know their regular customers—I have been in a barber's shop for seven years—I charge 1d. for shaving—Garrett paid me 2d.

WILLIAM PEA . I reside at 250, New North Road, Hoxton—about the 15th or 16th January a gentleman came to me and said he was recommended to buy a horse—I referred him to Mr. Allen, of Reading—I told him that the station-master or the boys would know him in a minute if he asked for Goosey Allen, and I gave him one of my cards.

Cross-examined. I only know Garrett by his coming to my office—I am a dealer in horses—I have a stable, and my name is up—Garrett gave me no name or address—I have not seen him till today since he came—my wife gave me this paper, that is why I came here—I do not know Mr. Mortimer—Garrett said he wanted a nag—you can always find Goosey Allen—he lives in a waggon—his name is Harry, but he is much better known as Goosey—I saw him last at Kingston Fair and before Christmas.

Re-examined. I attend all the horse fairs—I was in Norfolk yesterday—I have bought 25 horses since Monday morning—Goosey also deals in horses of all sorts and sizes, as well as in cattle and sheep and so on—ho attends markets and fairs, and is well known—I ain't been in a Court before.

HENRY ALLEN . I am a horsedealer, carrying on business in the Caversham Road, Reading, for some years, and am well known—I have dealt at Aldridge's for some years past—on 19th January last I was from home on business—on coming back I was told some one had been to look at a cob—I am very often from home, as I attend Newbury, Swindon, and other markets.

Cross-examined. My address before I went to Heading was at Shepherd's Bush—I own three houses there—I rent stables in the Caversham Road Reading—my name is not put up, people know me well enough without—I had six or seven horses in January—I live close to my stables in an old travelling waggon—I sleep in my waggon in a field—it in handy for me to get to any part of the country I want—"Henry Allen, horsedealer, Reading is on it—I was away from Beading several times in January—I leave some one to look after the letters—I do not know Garrett at all—I do not know whether I was away on the 19th—I might have been away 10 times in January—I was subpœnaed last night at my dealers thousands of pounds—my man's name is John—I do not know hi, surname—we could not both get away—he has been with me about twelve months—I think I must have been in the Basingstoke Road, at the Duke of Wellington's, on the 19th, but I do not recollect

JOHN HENRY GEOROGE I am a general dealer, living at South Hackney—I saw Garrett early in January—he said he wanted to buy a horse; he had been recommended to go to Beading, and was going down to look at one—looking at Garrett I can say that for six or eight months he has shaved his face as it is now,

Cross-examined. I live at 9, Harcourt Road, South Hackney—I have Huddard Street Burdett BoadI have not been there—I have met him at Mr. Friar's in Barbican, where they sell stocks of different goods—I hare not seen him very often—it was about the 5th or 6th of January when he said he wanted to buy a horse—he said the carting of his goods cost so much that he would buy a horse and cart of his own—I was subpœnaed to come here last Monday.

FREDERICK DAY . I am a licensed victualler, keeping the Telegraph public-house, Hockin Street, Mile End—I have known Garret about six months—he has worn hair upon his face as it is now.

Cross-examined. I knew him as a customer—he used to come nearly every evening—I knew his name was Garrett—I didn't know where he lived.

FREDERICK SHOLDERS I am a horsedealer, living at 31, Islington Green—my birthday is on the 14th January—I met Garret at the Blue Coat Boy public-house, the corner of City Road and opposite the Angel, Islingtom—that was on the Monday before my birthday—he drow up in a cab while I was having a glass—his face was the same as it is now.

Cross-examined. I have not known Garrett long; 12 months very likely—I dare say I saw him a fortnight or three weeks before this occassion—I have seen him several times about Islington and at the York public-house—I know his name from hearing people call him Garrett—I was subpœnaed last night—I went with his solicitor's clerk to Reading to subpœna the butcher's boy—he paid my expenses—we had somthing to drink, and came back the same night—I met Mr. Thompson at a public-house, and he told me Garrett had got into a bother; I cannot say the day; it was a little after 10 a.m. when I see Garrett at the Blue Coat Boy.

Re-examined by MR. COLE. I know Reading pretty well—we served

three subpoenas—the clerk said he wanted some one, and I had nothing to do.

WORDLEY, who received a good character— GUILTY of uttering. He was recommended to mercy.— Five Year' Penal Servitude . GARRETT**— GUILTY of uttering. He also PLEADED GUILTY to a conviction of felony at Wakefield in August, 1864, and Leeds Leeds in March, 1870.— Ten Years' Penal Servitude .

FOURTH COURT.—Thursday, March 4th, 1880.

Before Mr. Common Serjeant.

1st March 1880
Reference Numbert18800301-277
VerdictNot Guilty > unknown

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277. PAMELA BROWN KYFFIN (24) , Unlawfully endeavouring to conceal the birth of a certain male child.

MR. WILLES Prosecuted; MR. W. SLEIGH Defended.


OLD COURT.—Friday, March 6th, 1880.

Before Mr. Justice Bowen.

1st March 1880
Reference Numbert18800301-278
VerdictGuilty > unknown; Guilty > lesser offence
SentenceImprisonment; Imprisonment

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278. WILLIAM HENRY GEORGE GILLARD (24) and EDWARD GILLARD (18), Feloniously forging and uttering a cheque for 210l. 4s. 3d. with intent to defraud. WILLIAM HENRY GEORGE GILLARD PLEADED GUILTY .

MR. POLAND Prosecuted.

EDWARD FEERABY . I reside at Holmwood Villas, Lee, Kent—I am a cashier in the Drawing Department of the Bank of England; Messrs. Lawrence, Plows, and Baker hare a drawing account there—on the afternoon of 9th February the prisoner Edward Gillard brought this cheque to the counter and presented it for payment with this memorandum, showing the mode in which he wanted the cheque cashed; he was carrying a black bag—I had my doubts about the genuineness of the cheque, and I asked the prisoner whether he came from Messrs. Lawrence—he said he came from Mr. Jackson, Kennington Park Road—I spoke to Mr. Fradgley.

JOHN FRADGLEY . I am the principal of the Drawing Department at the Bank of England—the last witness handed me this cheque, and in consequence of what he said I went outside the counter, and spoke to the prisoner, who was standing there—I said "From whom did you receive this cheque?"—he said "From a gentleman outside"—I took him into the yard, and spoke to Constable Berry, and told him to follow him, and see to whom he spoke, and not to lose sight of him, and they left the bank together.

ALFRED BERRY (City Policeman). Mr. Fradgley came tame with the prisoner, and said "This lad has presented a forged cheque; he says a man outside gave it to him to be cashed; follow him, and see whom he meets"—he left the bank, and I walked a short distance behind him; he ran at a slow pace in front of the Royal Exchange, and when he turned into Cornhill he ran as hard as he could—I ran after him,; there was a crowd by Finch Lane, where I lost him—I next saw him on 29th February at an eating-house in Well Street, Hackney—Williams, another officer, who was with me, said to him "What is your name?"—he said "F. Davis"—I said "What do you mean by F. Davis?"—he said "Frederick Davis"—I said "I believe your

name is Gillard"—he said "No, my name is Davis"—I said "We must take you into custody on suspicion of uttering a foiled cheque on the Bank of England on the 9th inst."—he said "I don't know what you mean"—to make sure that he was Gillard we took him to Hackney Police-station, where he was identtfied—he is, without a doubt, the person that I followed—I was present at the station when he was asked his name, and he said "Frederick Davis"—the charge was read over to him, and he said "I am sorry that I have given you so much trouble; my right name is Edward Gillard; I did not know it was a forged cheque, for I never saw one before."

EDWIN WILLIAMS (City Policeman). I was with Berry when the prisoner was taken into custody; on the way from Bow Lane Station to the Mansion House he said "On the 9th February I met my brother by the Bank of England; he said "Well, Ted, how are you getting on? Will you come and have something to drink V which I did. While there he said "I want you to go to the Bank of England, and get this cheque cashed for me' I took it to the Bank of England, and there it was discovered to be a forgery."

WILLIAM FREDERICK BAKER . I am a member of the firm of Lawrence, Plews, and Baker, 14, Old Jewry Chambers-William Gillard was a clerk in our service—he left suddenly on 9th February—he would have access to my cheque book—this cheque is not in the handwriting of any member of our firm—there is no such person as Aitken or F. Jackson in our officer—it is endorsed "F. Jackson—I believe it is in the handwriting of William Gillard,. and also this memorandum as well—I missed two blank forms from my cheque book.

The Prisoner in his statement before the Magistrate repeated in substance what he had stated to the officer.

GUILTY of uttering. Strongly recommended to mercy on account of hit youth and the influence exerted over him by his brother.— Nine Months' Imprisonment.

W. H. GILLARD received a good character and was recommended to mercy by the Prosecutor.— Twelve Months' Imprisonment.

1st March 1880
Reference Numbert18800301-279
VerdictGuilty > unknown

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279. MOSS MYERS (42) was indicted for wilful and corrupt perjury. MESSRS. BESLEY and GILL Prosecuted; MESSRS. MONTAGU WILLIAMS and KEITH FRITH Defended.

JOHN LAWRENCE LISLE . I am Chief Clerk at the Thames Police-court—on 24th January I was present at the hearing of a summons against a man named Dodsworth at the instance of the defendant—I saw the defendant sworn, and took down his evidence. (This being read stated that on 27th August he was riding in a Pram car and was assaulted by Dodsworth, who pushed him by the shoulder; and that his hand accidentally went through the window.)

Cross-examined. I think there was only one hearing, before the Magistrate—the defendant appeared in answer to the charge—there was no evidence taken, and then he applied for a cross-summons against the servantl of the tramway company for an assault—that was granted—I think it was adjourned—then there was a summons against Myers for wilful damage for breaking the window—that was dismissed, and his charge against the company's servants was also dismissed—with regard to the assault Myers was fined 5l., and the two servants of the company 20s. each.

GEORGE DODSWORTH . I live at 31, Lake Road, Stratford, and am a conductor in the employment of the North Metropolitan Tram ways Company—on

the night of 10th January I was conductor of the last car from Aldgate to Stratford—when the car got near to Stepney Green I saw the defendant inside the car strike a match and light a cigarette, and throw the match down on the straw—I complained to him lor smoking in the car, and told him he must either go outside on the top or out of the oar to smoke—he said "I am coining out"—the straw caught fire from the match, and he stamped it out—I went on to the top of the ear to collect my fares, and when I came down the defendant was standing on the foot board smoking—he said "Who is this long b—here/' speaking of the timekeeper Yarrow—I told him he was the timekeeper—Yarrow referred him to me, and I told him he must leave the car or go on the top, as it was against the rules to smoke there—he said he would get off—I went on the top again, and when I came down I found him running alongside of the oar and striking the timekeeper with a stick, and he had hold of his coat trying to pull him off—I went to try and push him away, and he struck me with the stick—I then jumped off the car and held him to detain him while the car proceeded about 20 yards—I then let him go, and ran and got on my car—he ran too, and when he got abreast of the hind window or the second window he punched it in with his fist—I then stopped the oar, and went round to my driver and gave him my money bag and the alarm punch—as I was getting off the step the defendant struck me in the mouth with his fist and out my mouth—I tried to hold him by the hand, and he seized me by the throat and struck me with his stick—two constables came up at the time—he was in the act of striking me when they came, and they pulled him away—it is not true that when he came on the platform of the car I snatched his stick from him and cut him down the hat with it, or that while he was inside the car he was pushed, and that his hand went through the window by accident—I did not see Yarrow seise him by the throat and try to push him off the car, or kick him in the chest—it is not true thai he ran from Stepney Green to Whitehorse Lane calling for the police—after he struck me in the mouth he went back against the ladder of the car, and his hat came in contact with it.

Cross-examined. The car was not fuller than it ought to hare been on this night—there was room for several inside—I believe I picked the prisoner up in Whitechapel, but I did not notice him get in; he was not drunk—I imagined he had been drinking—he was wonderfully excited—he was not drunk enough to be looked up for being drunk—I said before the Magistrate that he struggled like a madman—I believe I laid hold of his hands, but he slipped me, and I had to take hold of his arm—there was a struggle for me to hold him—I believe I heard him say he would report me when he was on the foot—board—he said he knew the manager and Mr. Godfrey—I remember his being in the oar again the day before the summons for the perjury was heard—I put somebody out on that day who came into the car with the defendant—he was annoying me in my duty—I cannot recollect whether I said anything to the defendant or not, but I told the passengers who he was—I did not say I intended to give it him—every now and then he would say, "If you have any more than your number in this car I shall call a policeman"—he did call one and delayed me three minutes—I told the passengers he was Mr. Myers, who was summoned and got fined 5l., and that I got fined for assaulting him—Myers said that I had no right to turn the man out, but he would not pay bis lure or give his name and address—on the night of the assault; I did not hear Myers call

out "Police"—it must have been very low if he did call; he might have done so, I did not hear him—I don't know what he was going to report me for—he got out of temper—he thought I had no right to speak to him on account of his knowing the manager—he was not smoking when the police came up—there were about 20 persona inside the car when the window was broken.

Re-examined. Nothing had called my attention to the defendant until he had lighted his cigarette and threw the match on the straw—it was 200 or 300 yards from there where the police took him—no blow was struck by me or by Yarrow in my presence.

DANIEL PHILIP YARROW . I live at 13, Stratford Green, and am a time—keeper in the employment of the North Metropolitan Tramways Company—on the night of 10th January I was on the car at the last journey from Aldgate to Stratford—when we got near Stepney Green I saw Mr. Myers in the car lighting a cigarette—he lighted a match and threw it alight on the floor—the straw caught slightly alight, and he stamped it out with hit foot—the conductor told him it was against the rules—he said he was going out—the conductor then went on the top—Myers came out on the platform and stood there and commenced smoking—I told him he was not allowed to ride there or to smoke—he said he was going to get off at Stepney Green—as the distance was only a few yards I took no further notice of him until the car stopped at Stepney Green, or just past it; and then, as he did not show any desire to get off, I rang the bell and stopped the car—he then stepped off—I stood on the step with my face towards the driver to tell persons who were hailing the oar that there was no more room, when suddenly some one came behind me and pulled me by the coat and struck me across the head and hat with a cane—I saved myself by holding on to the rail with both hands—the car was in motion—I turned round and saw it was Myers—the conductor came down to my assistance and tried to persuade him to go away—he then turned round and assaulted Dodsworth, who stepped off the car and tried to keep him back for a short distance and he left him standing in the road and ran after the car and got on the platform again—Myers ran after the car alongside and deliberately put his right hand through the end window, smashing the glass and sending the fragments over a lady's shoulder inside—her face was slightly—cut, but in the disturbance her name and address could not be taken—after the window was broken Dodsworth rang the bell and stopped the car, and took his money bag, punch and badge to the driver—Myers followed him—I could see there was a slight disturbance at the fore part of the car, and when Dodsworth came back his lip was cut—I did not see the actual blow struck because I was at the other end of the car—I saw the constables come up—Myers then had hold of Dodsworth by the throat or handkerchief with one hand, and was striking him with his stick with the other—the constables stepped between them, the stick got knocked on the ground, and Dodsworth then gave him in charge for assaulting him and wilfully breaking the window—I picked up the stick and proceeded with the car to Stratford.

Cross-examined. Myers seemed excited, as though he had been drinking a little—I said before the Magistrate that he did not seem in his right mind—he threatened to report us after I had complained of his smoking on the platform. I saw him smoking as he came out of the car on the

platform—he did not go inside again—the glass was broken after he left the car, nearly at the last moment—he asked who I was, using some rather strong language—he was not hustled or jostled by any one—I don't know where he got in.

JOHN BIRD . I live at 62, Langbourn Street, Stratford, and am a driver in the employ of the North Metropolitan Tramways Company—on the night of 10th January Dodsworth came round to my end of the car and gave me his money bag and punch, and as he was getting off the steps I saw the defendant punch him in the face, and he said, "If I have to get off every other b—shall."

Cross-examined. He seemed very pale and very much excited.

KATE COHEN . I live at 20, Gloucester Buildings, Back Church Lane—on 10th January I was a passenger by the last car from Aldgate—about Stepney Green I saw a gentleman leave the car—I had not observed any altercation before that—about ten minutes afterwards in Globe Road I heard A crash, and the glass came on my shoulder—it was broken from the outside.

Cross-examined. I did not see any match struck or any cigarette lighted—the defendant did not break the window when he went out of the car—I heard a row on the platform; I saw nothing that took place.

JOHN NUNN . I live at 66, Fairfield Road, Bow—on the night of 10th January I was an outside passenger on the car—I was getting off the platform on the conductor's end and saw a man running after the car striking with a stick at something, I don't know what—the conductor got off the our to detain him; he stopped behind a few yards while the car went on; he then got on the platform again, and the gentleman followed him striking with the stick, and then I heard a smash of glass.

GEORGE HARRINGTON (Policeman K 576). On Saturday night, 10th January, shortly after midnight, I saw a crowd and found the tram car stopped—I saw the prisoner; he had hold of Dodsworth by the breast with his left hand, and was striking him with a stick over the shoulder with his right hand—Dodsworth said he would give him in charge for assaulting him and breaking the window—he was taken to the station and the charge was entered—the inspector permitted him to go on bail to appear on Monday before the Magistrate.

Cross-examined. At the station he complained of his hat being caved in; it was caved in—he said on the way to the station "You know me"—I did not know him; I afterwards ascertained that he lived in the neighbourhood.

Re-examined. I examined his hat at the station, and the inspector also; it was damaged—it was left in the station all night—I did not hear any one call out—I saw a crowd round the tram, and proceeded there with another constable.

JOHN BAKER (Policeman K 63), I was with the last witness—I saw the prisoner striking the conductor with his cane across the shoulders—I had not heard him call police.

JOHN CAFFYN . I live at 39, Cullum Street, Stratford, and am a waterman and lighterman—I got on the car close against Stepney Green—I got a stroke with a stick, and turned round and saw the prisoner in the road flourishing his stick about; he followed the car about fifty yards—I saw him lift his hand up, and heard the glass go a little afterwards—at that time he was running alongside the car.

Cross-examined. He looked to me like a maniac. Several witnesses deposed to the defendant's good character.

GUILTY .— Nine Month' Imprisonment.

THIRD COURT.—Friday, March 5th, 1880.

Before Mr. Common Serjeant.

1st March 1880
Reference Numbert18800301-280
VerdictGuilty > with recommendation; Guilty > unknown
SentenceImprisonment; Imprisonment

Related Material

280. ROBERT McMURDO (30) and SAMUEL BARNETT (27) (See page 643), Unlawfully conspiring to cheat and defraud Susannah Jane Patten of her goods.

MR. POLAND, MR. MONTAGU WILLIAMS , and MR. GILL Prosecuted; MR. WARNER SLEIGH appeared for McMurdo; MR. EDGCOME, MR. STERLING, and MR. NOEL for Barnett.

SUSANNA JANE PATTEN . I live at 8, Leterstone, Walham Green—I am the wife of Frederick Adolphus Patten, who is in Persia in the Indian Civil Service—in the middle of September last my husband introduced me to McMurdo in this country, who stayed at our house at Dulwich from Saturday to Monday—my husband left England on 2nd October—McMurdo shortly afterwards called on me at Dulwich and brought me a little dog—he had a friend waiting outside—I said "Why don't you ask your friend in?"—he said that, he was a betting man, and he should not like to intro—me to him, and that he was in a hurry; he was going to a pigeon match—he came again before the 8th December—he had often mentioned that may house was damp—towards the end of November he said "I think the house is very damp; if you wish to sell your glasses I could get a good price for them," that a good many swells came to his office, and he would put some lace curtains over them and show them to anybody who came—he asked me to go and see his office at Aquarium Chambers, 2 and 3, Tothill Street, Westminster—I went there and he introduced me to Barnett as "Mr. Wilmot, my partner"—he said "We do not keep any clerks"—the name up at the chambers was "Herbert and Co., financiers"—McMurdo pointed to the wall and said "Your glasses would look very nice there, I would put lace curtains over them," showing me with his hand how he would raise them up to show the swells who came in—he then sent coat or an older for me for the Aquarium, and asked me if I should like to go; it was about 1 o'clock and he took me over—Wilmot took care of the chambers—I went back to the chambers at 4 o'clock and we had to there, and they saw me to Victoria Station and left me there; they did not wait to see me off—McMurdo wrote to me afterwards—I have burnt the letters—he often wrote to say he would come, but did not—he referred in his letter to my glasses—he came to my house the last Sunday in November and asked me if I had made up my mind to move—he dined there and we talked about various things and about the goods—I had not then made up my mind—the suggestion came entirely from him—he called again on Sunday, 7th December, with Barnett—they were left a long time in the drawing-room and amused themselves with my picture books about an hour; I left them there—I called them when dinner was ready—I told them I had quite made up my mind—McMurdo said Barnett was brought down to arrange about the moving and to look at the valuable things that were to "be packed, and that Mr. Moore was to come down on the Monday to pack them, and I was to dress myself—I said "I do not like this moving"—You are going to give my things

McMurdo said "Mrs. Patten, you shall have no trouble whatever you place yourself entirely in our hands, Mr. Barnett will wrap the glasses in wadding and take care of everything; I have known him 12 years, he is one of the best fellows living; he will come at 6 o'clock in the morning if you like"—I agreed to move if they would take care of my things and dispose of the glasses, because I believed McMurdo thoroughly—I had then been after a house at Walham Green, or I was going the next day—that house was let, I was disappointed about it—they went away about 8 o'clock—I received this letter on 9th December: "8th December, 1879. 2 and 3, Aquarium Chambers, Tothill Street. Dear Madam,—Bob is away on urgent business; the van proprietor will be with you at. 11 o'clock, Tuesday. I shall meet him at roar house. I was unable to come, having to keep office. Yours faithfully, S., Wilmot." They had not come on the Monday—at that time I only knew Barnett as Wilmott—on the Tuesday he brought a cart and two men—they commenced packing the clocks and chandeliers and other things in the drawing-room immediately—the looking-glasses were not packed—I went upstairs—I heard Moore call to Barnett, "I wish you would come down, I know I am packing the wrong things"—I said "Oh dear me, you have packed my drawing-room clocks; they are ormolu mounted, I am not going to sell those"—I went down and saw they had packed a lot of those things, and I told them they ought not to have done so—I said "They are not to go to your chambers"—Wilmot said "You had better let them go lor security, I or Moore will bring them down in a cab in a day or two to your house, whenever you wish for them"—Barnett persuaded me and I said "I will sell the dinner and tea service, and coffee service If you will get me a good price"—Wilmot said he would rtake care of them and not dispose of them without my consent and sanction and without consulting me as to the price—I let all my valuables go as "Wilmot proposed—he said "Let all your valuables come to our office, you can have them whenever you like, and I consented to their being taken away—this is a correct list of the things that were taken: "Two large looking glasses, one red and white Bohemian glass wine service, one china dinner service, one china tea and coffee service, two green and white cut bottles, one lamp, two clocks, ormolu mounted; two Dresden figures, stands and shades complete; two blue and gold large vases with shades complete; revolver in case, one silver-plated cornet complete; 16 silver-plated dishes, with silver handles and rims; one velvet pile table-cover, valued at 500l." I think my husband could have sold them for more than 500l.—that paper is signed by me and is dated 9th December—Wilmot wrote it after the things were in the van on my paper—he said "I am going to write on some of your pretty paper"—I said "I do not think it is necessary to write a letter, as you are going to take the things to Mr. McMurdo"—he said it was in case Mr. Patten came home—he gave me a copy; I have lost it—I think that remark referred to another letter I wrote on this occasion at his dictation—he said "I want it and I should like to have it," and then I signed it. (Read: "I, Cambridge Villas, Fryan Road, East Dulwich, December 9, 1879. To Messrs. Herbert and Co. I this day send you two looking-glasses, six ornaments, eight plated dishes and covers, one cornet, one table cover, and

to Mr. McMurdo, there is no occasion for a letter from me"—I afterwards wrote this letter at Wilmot's dictation: "Dearest Bob,—I have asked your partner to take over all the plate and china and looking-glasses to dispose of them on the best terms he can for me. I send you the three volumes you wished for.—With love, I remain, ever yours affectionately, Susie Patten." The words "except dessert service "are struck out—I did not write those words; that is Witmot's writing—he took that letter away with him, leaving the things in the cart—Wilmot came the next day, the 10th, with Moore and the van to move my things—they cleared the house and took the furnitnre to our new house, 8, Leterstone Road, Walham Green—I went there on Friday, the 12th—the things remained in the van two days—on the Saturday I went. to Aquarium Chambers—I met Barnett on the top of the stairs with a man with a packing case—I said "What are you doing, what is that?"—he said "They are your silver dishes, I am going to show them to an earl"—I had noticed a Hansom cab waiting at the door—I said "You ought to have asked my permission first"—I felt very angry—Barnett said "They will come back again, I shall bring them back soon"—the case was carried down, I did not follow it—I remained talking to the people who keep the chambers, I was so upset—I asked Barnett, "Where is McMurdo? why are you taking my things away?"—he said "His wife is very ill, she is in a fit"—I waited at the chambers from 12 till between 3 and 4 o'clock—Barnett came back, but he did not bring my dishes—I do not know whether it was on that occasion, but he said the things had gone to the Earl of Dudley's gallery, which his father kept, and he had left them there to show the earl—I think he said it was in Bond Street—he said he was going to fetch a Queen's physician to McMurdo's wife, who charged 40 guineas a visit—on Monday, 15th December, I want again to Aquarium Chambers—I afterwards received this letter; "Dec 15, 79. Dear Mrs. Patten,—Your glasses were seen by the best judge in London; he says they are very good but modern; he says we are asking too much, and would not make an offer today, but will do so in the course of a day or two. When he does I will submit his offer to you immediately. Yours in haste, R. A. McMurdo."—I also received this letter on 16th (Stating no offer had been made, and promising to call and consult her when it was, and to write next day)—I went to Aquarium Chambers once only, early in December—I received this letter, dated 27th December, from McMurdo (Headed Eton and Harrow Club, and stating that he had settled something substantial about the glasses, and would call tomorrow and would telegraph the time)—I called at the chambers on the 28th—on the 29th I received this letter from McMurdo (Stating that he could not come to terms about the glasses, and ashing the witness to telegraph if she would include the dinner service)—when I received that letter I was so angry I went at once to the office—I saw McMurdo after I had waited for him—I said "I know you have only written to put me off, and to keep me from coming to the office; there is something very extraordinary about your keeping writing to me like this"—he was very angry and so was I—he said "So-and-so has not come, it is very strange they have not come about the glasses," and he wrote a letter and sent it off by a man—he did not tell me to whom he wrote it—I thought it was about my glasses—I asked him why Barnett had not brought back my silver dishes and table-cover—he said Barnett had written the necessary letters to get them back, but it would take some time,

and that they were at the Earl of Dudley's gallery—a man came in called Emmanuel—I went outside and talked with the people who kept the chambers, but I did not go right away—I afterwards looked in at the door and said "Are you engaged?"—he came out and said "What do you want, do you want to speak to me?"—I said "No, I do not want to see you, I want you to bring me back my silver dishes, my table-cover, and my clock, which you said were at the Earl of Dudley's gallery"—he went back into the room without saying anything—I walked backwards and forwards—I went into the room again—McMurdo said Emmanuel had a lot of jewellery about him, and he wished he had shown it to me—I went away—I next received this letter from McMurdo: "2nd Jan., 1880. Dear Mrs. Patten,—Just a line to say no bargain yet; same old yarn you will say, but it is not my fault If I cannot do justice by your glasses I shall wait till I do; in the meantime I can but try. I have, thank goodness, a good business in the office, and shall lend you anything you want pending the sale." I omitted to say I was there on 24th December, when he showed me a gentleman who went out of the room—he said "I have sold your glasses to this gentleman, I could have sold them for 120l., but I will try to get 150l., I am holding oat for 150l.;" and he said "you will get no money till after Christmas, as the gentleman will not alter his banking account"—at that time most of my packing—cases were in the room—he then said "Good-bye, Mrs. Patten, I am going out of town"—I wrote this letter of 5th January at my house, and gave it to Mr. McMurdo—I had written him that day, and he said "I shall put that in the envelope I received from you today, as if it came from you: ""Dear Mr. McMurdo, you are at liberty to use my things till you have arranged your business at Hoare's the bankers, when of course you will return them to me; in the mean time I hope you are negotiating for the sale of my glasses." McMurdo dictated that to me—once when he came to my house he said "I offered your dinner service to a man the other day for 25l., and he did not beat me down a penny; until then I did not know how good it was"—this letter of 5th January, 1880, is written by McMurdo (Enclosing a letter from Barnett taking McMurdo to arrange at Hoare's the bankers on Wednesday, and stating that he expected a Mr. Abrams to see him about the glasses, but that he had to go to a funeral)—I wrote this letter: "Dear Mr. Mac—I hope you will not let Sam put his fingers on any moneys realised by the sale of my glasses. If he does not soon produce my clock and dishes I shall go to Mr. Patten's lawyer and take immediate proceedings against him before a week is over his head. I will not endure this suspense much longer. I feel very bad from that horrid stuff I drank last night; the last drop was too much for me. I trust only to you. I hope you will not let the tea service go, etc I trust God my conscience is clear, having done nothing wrong since Fred was away. I do not think 8am should have taken anything from your rooms. I hope he will try to do better and not swear so." That was written I think about the third week in September—I do not know anything about the pencil writing—I never received a letter of which that pencil writing appears to be a copy—I commenced proceedings about 17th or 19th January—I have not received one farthing from either of the prisoners for my goods—I lent McMurdo 30s. to get a will from Somerset House on 1st Or 2nd September when I drew my money, and 10s. in the latter end of November—I paid Barnett's cab for him once, and afterwards lent him a sovereign—he said

"I have left my purse at home"—those were loans which they promised fa pay, but never did—I have been shown by Mr. Chapman of Attenborough's a cornet in a case, and a revolver; by Mr. George Milton, Mr. Vaughan'a assistant, a table cover, which I was told was at the Earl of Dudley's Gallery, nine entree dishes, some silver dishes, a clock, some pieces of glass in a broken box, the eight decanters, and eight dish covers I have not seen yet—I was also shown by the assistant to Mr. Smith of 45, King's Road, Chelsea, two candelabra; and two chimney glasses were shown me by Mr. Charles King, assistant to Messrs. Hoare's, of 14, Cranbourae Street—all those articles are mine—I never authorised any one to pawn them or authorised McMurdo to make temporary use of any of them, with the exception of those mentioned in the letters—all he asked me for was the dinner service and the two candelabra that are in Sloane Street—I was not informed of the various pawnings, and McMurdo was very indignant when I said I thought they were raising money on my things—he denied that he had allowed Barnett to do so, and on one occasion he swore it.

Cross-examined by MR. W. SLEIGH. I was in ill—health when I lived at Dulwich—I had not the slightest idea of leaving the house till they proposed it—I left it a fortnight or so before the rent became due—I did not leave it for the purpose of avoiding the payment of rent—the prisoners told me to place myself in their hands, and if anybody came for the rent I was to refer him to them—I knew my landlord could seize the furniture for the rent—it was his security—my husband went to Persia in October—I did not create a disturbance at Aquarium Chambers on 8th January—I was very angry—McMurdo wanted me to place my dinner service and Dresden figure! at Hoare's, the bankers—he said he had a writ over his head, and I said I would not let my glasses go—this was on the 5th, and he promised me faithfully they should not go—when I went two days afterwards I found they had gone, and I said "They have robbed me most cruelly and deceived me," and that was all the noise I made—I said that in the evening on the landing at Aquarium Chambers—when the landlord said to me "Everything is gone, your glasses have gone/' I was so astounded I said it was a most cruel swindle—McMurdo wrote me a letter after my visit on the 8th threatening that he would write fully to my husband and explain his position in the matter without reserve, or something like that—I only gave McMurdo authority to sell my property for me subject to my approval, but not to pawn it—I never authorised him to deal with it for his own purposes because he was in a difficulty, except the dinner service and the two Dresden figures, about which he asked my permission on the 6th, while they were already pawned on the 3rd—he always told me he was doing a good business—I did not know anything about a tutor named Hoare—he said he wished to place my property at Hoare's, the bankers, and I gave him permission to place these two articles alone—I wrote this letter on 5th January: "Dear Mr. McMurdo,—You are at liberty to use my things until you get that business finished, when, of course, you will return mine to me. In the meantime, I hope you are negotiating for the sale of my glasses.' McMurdo dictated the whole of that letter—I wrote it unwillingly because he pressed me and said he should have to go to prison or to Paris that night, and I said "I do not like you to leave my things in the hands of Mr. Barnett"—I do not remember whether I said at the police-court that the letter was written at McMurdo's dictation—I have not a good

memory—I believe I did—no one was in the house besides myself and Mr. McMurdo I was without a servant—it was at Walham Green—he was running about in the passage with a small dog, and I said "If you cannot sit still, I cannot write; see if Tiny will stay with me"—then he came and dictated while I wrote, and he looked out of the window at the same time—I do not remember his looking over my shoulder, and my saying "I am in a very nervous state, and cannot write while you are looking over my shoulder"—I respected him—I knew he was highly connected, the son of a gentleman of birth and breeding, or I should not have trusted my things with him—he was discarded by his father—I never heard anything about his means—I thought he was getting money by trading; I know the prisoners had offices in the City and in Warwick Court, Holborn—I did not know McMurdo was wealthy—my husband introduced him to me, but not as the son of General McMurdo—I was aware of that before—I heard there was an elder son—I knew he had been travelling in the East; Australia, and all over the world—I addressed him once by his Christian name—he said "I am always called Bob, call me Bob"—of course, I did not do so before my husband, and I never did so in a letter except the one Mr. Barnett dictated—I was not on affectionate terms with him; we were merely friends, good friends—I was never in love with him—I addressed him as "Dearest Bob "only once—I also wrote "With love I remain, dear Bob, yours affectionately, Susie Patten"—the latter part was not Mr. Barnett's dictation, the other was—I do not know how many times I saw Mr. Barnett at Aquarium Chambers—I never made him a present of a ring—he said "I should like a ring as my commission when I hare sold you glasses," and I said "You shall have one"——my servant's name at Dulwich was Jane; I do not know her other name—McMurdo did not visit me two or three times a week at Dulwich—he was in the habit of writing to say he would come, and then not coming, without offering the slightest apology, and I used to say I thought he did it to keep me at home—I did not invite him to spend Christmas with me—he wrote to say he would come, but did not come—this is his letter (produced)—he said "I am going out of town"—he said that the dogs were very valuable, and I gave one away; it was returned, and I gave it to some one else who was kind enough to keep it—I do not remember when the proceedings of Barnett commenced—the letter of 9th January was written after I discovered my glasses had gone—that was to frighten me, but I was not to be frightened—a writ was issued first to compel them to deliver up my things, and as they did not do so a warrant was issued against both of them—McMurdo had written to say that he had made a handsome bargain for my glasses—I did write to say Barnett ought not to have taken my things away from McMurdo's room.

Cross-examined by MR. EDGCOMB. I first saw Barnett outside my house, but I was not introduced to him—I first spoke to him at the chamber—McMurdo told me he was a betting man, and he should not like to introduce me—he did not come into my house on the first occasion—I told him to bring him in out of the cold—he introduced him to me as a friend whom he had known 12 years—I signed some of the papers in an outer room at the police-court—he introduced Barnett to me as Mr. Wihmot; that is how I know the letter signed Wilmot came from him—afterwards I found out his name was Barnett, and when I so addressed him he seemed astounded—the landlord of the Aquarium Chambers told me his name, and I immediately

went into the room, and said "Mr. Barnett, I will thank you to bring back my silver glasses"—I think I went there about 30 times—he was not always present—they generally came in one close upon the other, about 1 o'clock when I had waited from 10 o'clock—I have heard Barnett play the piano when I was having my tea at the chambers with him and McMurdo—they walked with me to Victoria Station in the daytime—I was never out late at night with McMurdo—I was unwell when Barnett dictated the letter—I did not like the whole transaction—McMurdo said "I burnt your letter, Mrs. Patten; I have thrown your letter in the fire"—Barnett never said "Mrs. Patten, please sign that letter?"—he was never very polite—I thought I was confiding in honourable men, therefore I signed it—he said "I only want it in case Mr. Patten comes home"—the things were already in the van when the letter was written—I doubted Barnett from the time he asked me to sign that letter; I consented to do so, but I was very sorry, and I went to McMurdo—he said "I have thrown your letter in the fire"—I am not in the habit of signing letters without reading them—I had no dealings with Mr. Moore; I never signed the letter authorising him to remove my goods he did not refuse to remove them till I signed an authority—I asked "How many packing-cases have you?" and I made the men go and count them—I let the things go, because I thought I was trusting to honourable men—McMurdo said Barnett had nothing to do with it when I accused him—I knew McMurdo to be in partnership with Barnett as "Herbert and Co.'—I never liked Barnett—I thought he would get McMurdo into trouble—I am sorry I burned my letters, as they would have gone to my credit—in one of these letters I asked Mr. McMurdo to do the right thing—I do not remember anything more of their contents—on one occasion Barnett was upstairs a long time, and I said to McMurdo "What a long time he is"—he said "It is all right"—I said three times "I should like to know what he is doing"—he was up there 20 minutes—I did not look upon him in the light of a professional valuer—he would have mentioned it if he had been one—he did not come there at my suggestion—I am quite sure the letters which I destroyed contained no authority whatever to the prisoner—I am sure I was to be consulted as to the disposal of my goods; I revoked my authority when I went to the chambers and found they had parted with my clock, table-cover, and dishes, and I tried to stop the sale of everything—he was to sell nothing but the glasses—I do not know how it is that this letter is signed in two places—I fancy it was written so faint that I could hardly see the writing—I have pawned my good, but not frequently—I pawned two diamonds rings—I was not afraid of keeping the revolver in my house—I did run away when Mr. Barnett tried it—it was not loaded, but I did not care to be near—I never made McMurdo a present of it, nor of a cornet—I am sure I did not make any present to Barnett—I believed McMurdo when he said that Barnett was working for him in the matter—McMurdo said that Barnett did all the dirty work; he will not be my partner long; 8l. 15s. is due for rent—I let McMurdo have the agreement) and he refused to give it up—I have asked him for it—he did not say he had lost it.

By MR. SLEIGH. The agreement was given up before I left the premises—I said "I will leave it with you for a few days"—I did not ask him to keep it—Barnett said "I will let your house for you if "you like," and he could have under—let it—I did not give up the agreement to escape paying

the rent—I do not know why McMurdo kept it—I was simply a yearly tenant.

Re-examined. I understood Herbert and Co. to be McMurdo and Barnett—Barnett never explained why he called himself "Wilmot—McMurdo said he had signed a bill for 60l., or 150l., I am not sure which, and if I did not assist him he should have to go prison or Paris—I said "I cannot help you, I have no money"—he said "I only want you to give me the two Dresden figures and the china dinner—service to place at Hoare's the bankers, and they will pay for me"—upon that I agreed to let him have these two articles on 5th January, but they were pawned on the 3rd—I have not had them back—the letter commencing "Dearest Bob "is the only one I addressed in those terms, and one "Dear Mr. Mc" merely for shortness—there was not the slightest impropriety between him and me—I believed him to be the son of a gentleman—I knew he was living with a lady, and not the one he has since been living with—I received a letter commencing, "Owing to your blackguard behaviour and filthy language yesterday, I have received notice to quit my office to-morrow," and threatening to explain everything to my husband—I had not been guilty of any blackguard behaviour, nor had I used any filthy language—I did go there, and was annoyed to find my glasses gone—the landlord said "Nothing whatever if left"—nothing was left but the tea and coffee service, and I cried, and said it was a cruel swindle—I took that letter to him, and told him the truth,

GEORGE CHAPMAN . I am assistant to Mr. Attenborough, pawnbroker, 72. Strand—I produced a cornet case and revolver at the police-court pledged with me on 9th January for 30s. by Barnett in the name of Barnett, 2, Aquarium Chambers—I have the duplicate—I have known him as a customer—the articles were shown to Mrs. Patten—we generally advance about two-thirds the value of articles.

GEORGE MILTON . I am assistant to Mr. Vaughan, 39, Strand—I produce four pawn tickets, the first, dated 10th December, for a table cover pawned by a woman in the name of Mrs. Patten, Camberwell Road; Dulwich, for 2l. 10s.—I do not think it was the prosecutrix who came—the next is dated December 11th, for eight entree dishes, pawned for 10?. in the name of Barnett, of 2, Aquarium Chambers—Barnett brought them himself—I asked him if he had authority to pledge them, and to whom they belonged—they had crests on them—he said they belonged to Mrs. Patten, of Dulwick—I asked him if he had authority to dispose of them—he said, "Yes"—I asked him to show it to me and he produced this letter (The letter commencing "Dearest Bob ")—he wished to sell them when he first brought them—I offered him 12?.—I looked at a dictionary to see the meaning of the word "dispose"—he said then he would rather pledge them because, he could dispose of the tickets to much better advantage, and get 20l. for them—on 15th December he came again and pledged 108 pieces of glass in a box for 5l.—on 12th December he pledged a clock for 2l. in the same name—he wag a customer, and we were in the habit of putting his address as in the Strand.

Cross-examined by MR. W. SLEIGH. I have been in the business 19 years—he said he could get 8?. for that ticket, and would have an opportunity of redeeming the things—it was under a special contract according to the Act of 1872—he said it would be better for his client.

Cross-examined by MR. EDGECOME. I have known Barnett some years as a customer—he is respectable.

JAMES BENGER . I am assistant to Mr. Smith, of 35, King's Road, Chelsea—I produce a ticket relating to a clock and candelabra pawned on 3rd January for 2l. 10s. by Edith Anderson, of 18, Alford Road, Walham Green—I know her as a customer—the value of the articles they have shown to Mrs. Patten is 5l.

Cross-examined by MR. W. SLEIGH. I do not know Anderson's occupation—I have not inquired about her—I only know Mrs. Patten by sight—I have not received household furniture from Anderson—I have received some ornaments from her—I have not received articles of vertu within a fortnight of 3rd January—I asked her if the goods belonged to her—that is our custom.

CHARLES KING . I am assistant to Messrs. Hoare and Son, of 14, Cranbourne Street—I produce a ticket relating to two china chimney glasses pledged on 1st January for 20l. by Barnett, who gave his address as 2, Aquarium Chambers—they were brought in a van—their value was about 40l.—Barnett said he was acting for a lady client—he did not give her name.

STEPHEN JOHN HARMAN . I live at 18, Princes Street, Soho—my sister lives at Aquarium Chambers, I know the prisoners—they took a room about the middle of November—they were the only persons I knew of in the transaction—I knew them as Barnett and McMurdo, but the name put up was "Herbert and Co."

Cross-examined by MR. EDGECOME. I was there all day long—I saw Mrs. Patton there several times—I have sisters, Bertha, Emily, and Annie.

Cross-examined by MR. SLEIGH. Early in January Mrs. Patten came to the chambers in a very excited state about her goods—I came in after it had happened.

Re-examined. I did not hear the disturbance, but I saw her downstairs—she appeared very excited and complained to me about her goods—she did not behave unladylike in my presence.

SQUIRE WHITE (Policeman). On Saturday, the 17th January, about 9 p.m., I went with Sergeant Preston to 313, Vauxhall Bridge Road—I saw McMurdo—Preston read the warrant to him—from information I received I went to the Victoria Underground Railway Station and received this cash-box (produced) Mr. Carpenter was present—he actually got the box from the station—I stood alongside of him when he received it.

CHARLES JAMES CARPENTER . I was with McMurdo when he was taken in custody—Mrs. McMurdo was present—I afterwards went with her to her husband's lodgings, 313, Vauxhall Bridge Road—she took the cash-box and deposited it at the Victoria Underground Railway Station—after McMurdo was arrested I went there with White, who took possession of it.

SQUIRE WHITE (Re-examined). In the cash-box I found this agreement and 10 pawn tickets, one dated 9th December for a cornet and revolve pawned by Barnett; one, 10th December, for a tablecloth, pawned for 2l. 10s. in the name of Mrs. Patten, of Dulwich; one, 11th December, for eight entree dishes, for 10l., pawned by Barnett; one, 12th December, for a clock, for 2l., pawned by S. Barnett, of Strand; one, 15th December, for 408 pieces of glass, pawned by Barnett for 51.; one, 3rd January, for a clock and candelabra, for 2l. 10s., pawned by Edith Anderson; one, 6th January, of C. B. Vaughan's, of 39, Strand, for eight decanters and eight dishes and covers—I have not the others.

JOHN PRESTON (Detective Sergeant). On 17th January I arrested McMurdo—I read the warrant to him—I saw him pass some money to somebody in the room—on the way to the station he said, "Damn her, she shall pay dear for this, I will bet a sovereign; she has only done this because I would not stop with her for a week. Cannot you tell me what to do 1 It was all about a bill of sale or else it would not have happened"—when the cash-box was produced at the station he said, "That is my cash-box; be careful you do not lose any of those papers"—I searched him and found on him some letters, a cheque payable to himself for 5l., 6d. in silver, and 6d. in bronze, also a card case—on Wednesday, 21st January, I saw Barnett at the police-station, Tunbridge Wells, about 9 a.m.—I told him I had a warrant for his arrest and that he would have to go to Westminster—he said, "I suppose if I tell you anything you will only tell the Magistrate" I said, "Yes"—he said, "Very well, I shall hold my tongue and say nothing"—I searched him and found 6d. upon him.

Cross-examined by MR. EDGECOME. The articles left in the rooms belonging to the prisoners are three empty packing cases, five glass shades, two vases, a lamp, two decanters, a tea and coffee service of 16 pieces complete, and several broken china articles—there is no table cover.

SUSANNA PATTEN (Re-examined by MR. SLEIGH). No demand has been made to McMurdo for the restoration of this property—Mr. D. Smythe acted as my solicitor—he applied to McMurdo for the return of the property—he proposed to do so—I did not know how to act—I saw the letter in reply—this is it (Dated 12ft January, 1880, from 8, Southampton Street, Bloomsbury, and stating that the arrangement made with McMurdo would be carried out in its integrity,). That letter was read to me, but I did not then know my glasses were gone.

Re-examined. When I found I could not get my things I consulted a solicitor to know what was best to be done—I do not think I saw the letter he wrote about it—he got the answer produced and shewed it to me—after the committal I applied to the Public Prosecutor, not having funds of my own, and he is now conducting this prosecution.

McMURDO— GUILTY .—Recommended to mercy.— Nine Months' Imprisonment.

BARNETT— GUILTY .— Five Days' Imprisonment (former sentence at page 645).

NEW COURT.—Saturday, March 6th, 1880.

Before Mr. Recorder.

1st March 1880
Reference Numbert18800301-281
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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281. JOHN JONES (18) , Burglary in the dwelling-house of John Yabsley and stealing 7s., his money.

MR. FRERE Prosecuted.

SARAH ANNE YAESLEY . I am the wife of John Yabsley, of 111, East India Road, Poplar—on 16th February I went to bed at 11.30, leaving my servant to close the house—at 2 in the morning I heard a noise, and saw the bedroom door open, which I closed at bed time—my husband was in bed—I saw a man on the floor—he crawled round the room and then went out—there was a light in the room; it was not enough to see his face—I saw his general appearance, and the prisoner is like him—I saw his side face—I called my husband's attention, who gave information, and two constables came—we found a pair of boots in the bath-room—the shutters were open, also the window—there is a cistern outside, and it is easy for it

person to get there—I picked the prisoner out at the station from a number of others as being like the man.

Cross-examined by the Prisoner. No one told me to pick you out—there were two much alike, and you were the most like of the two to the man I saw.

JOHN YABSLEY . On 16th February my wife woke me, but the man had gone—I called "Police" at the front of the house, and three constables came—I afterwards missed three florins 'and a shilling from my trousers pocket, which were in the bedroom—a sovereign in the other pocket was untouched.

ELIZABETH JONES . I am Mr. Yabsley's servant—I closed all the doors and windows on this night—I shut the bath-room window at 9 o'clock and shut the shutters.

EDWARD STONEHAM (Policeman K R 13). I searched Yabsley's house on 17th February about 2.30 a.m.—the bath-room window was open, and there was mud on the cistern, which comes up to the window—any one could climb up there from the bath-room—I found in the bathroom a pair of muddyboots, which the prisoner is wearing.

HILARY MARTELL (Policeman K 592). On 17th February at 3.5 a.m. I was on duty in Hill Place Street, Poplar, 500 or 600 yards from the East India Road, and saw the prisoner listening at the parlour window of No. 3—when he saw me he went and stood at the door of the house—he was dressed as he is now, but without shoes or stockings—I crossed the road and said "What are doing there?"—he said "I have been knocking to inquire the way to Plaistow"—I said "Where are your boots and stockings"—he said "I have just returned from sea; I got drunk tonight and found myself lying on the pavement; I have been robbed of 2l. and my shoes and stockings"—it was a very wet night, and not finding any mud on him I said "I don't believe you; I shall take you in custody for loitering"—I found on him this candle, silent matches, pawn ticket, 8s. 6d. in silver and three pence, and his socks in his pocket—I said "How is it you have got this money on you if you have been robbed?"—he said "Oh, that must have been in another pocket"—I said "What do you want with a candle?"—he said "I am going coal trimming on board the ship Victoria"—I charged him with loitering—Sanders brought the boots to the station and asked him to try them on—he said "They are not mine, I cannot get them on".—eight days afterwards when they were dry he put them on very easily, and did not deny their being his—they fitted him exactly, but he said nothing—I was present when Mrs. Yabsley came to the station; no one suggested to her who the prisoner was—she looked at two men and said that it was one of those two—she was told to pick out the one she thought it was, and she picked the prisoner out.

Cross-examined. You did not come up to me and ask me the way; you were inside the railings of the house.

THOMAS GUNDRY (Police Sergeant K). I received these boots from the inspector—they fit the prisoner nicely, and the socks too, but they were wet on the first occasion.

Cross-examined. They are not too big, or too high in the instep—you said the next week "If the boots can be got on I will try and put them on."

Prisoner's Defence. I had had a drop of drink, and fell down, and got

robbed of my boots. It is very hard to be robbed myself and to be accused of another robbery which I am innocent of.

EDWARD STONEHAM (Re-examined). He was perfectly sober.

GUILTY . He then PLEADED GUILTY**† to a conviction in September, 1878. Five Years' Penal Servitude.

1st March 1880
Reference Numbert18800301-282
VerdictGuilty > unknown

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282. HENRY WARNER (20) , Robbery on Thomas Agar, and stealing a chain, his property.

MR. FRERE Prosecuted.

THOMAS AGAR . I live at 26, Chapel Road, Stoke Newington, and am gub—cashier at the Bank of England—on Saturday, 28th February, about 4 p.m., I was going home, and was in Church Path with a bag in one hand and an umbrella in the other—I felt a hand behind me on my coat collar, and a tremendous lug at my chain—I staggered, and conld not recover myself, and fell and severely injured my hand—I jumped up directly, and saw the prisoner running away—he was the only person I could see—I immediately gave chase, and called "Stop thief"—I lost sight of him when he turned up the path—I went up the path, and saw him in Albion Road held by a man named Williams—I charged him with stealing my watch and chain, but I afterwards found that my watch was safe, and only my steel chain was gone—he said that he was not the man; he was as innocent as a baby unborn—Jones then came up and showed me my chain; this is it; the swivel is broken—we could not find a policeman—he kicked, and plunged, and was very violent, but we took him to the station.

Cross-examined by the Prisoner. I did not positively identify you at the station; I said that I believed you to be the man—I was too excited to tell how you were dressed.

GEORGE EDWARD WILLIAMS . I am a tutor, of 78, Walford Road, Stoke Newington—on 8th February, about 4 p.m., I was in a path leading to Albion Road, and heard cries of "Stop thief; he has got my watch"—I saw the prisoner running, and have not the slightest doubt he. is the man—he passed me, and then I gave chase for 150 yards, when he turned round and said "What do you want?"—I said "You have stolen this gentleman's watch"—he took me by surprise, and gave me a violent blow on my face; I closed with him, and after a violent struggle secured his arms and held him till the prosecutor came up—Jones came up and produced the chain—we took him part of the way to the station, and handed him over to a policeman—he was very violent both in manner and language.

EDWARD JONES . I am a contractor—I saw the prisoner running along Albion Road—I am quite certain he is the man—Mr. Williams was running after him calling "Stop thief"—he ran up a short street, and I saw him attempt to throw something over ft wall, but it fell on the pavement—this is it—I gave it to Mr. Agar.

FRANK BURDETT . I am 9 years old—I was in Church Lane, and saw Mr. Agar walking along and the prisoner behind him—he went in front of him and put his hand to his waistcoat and rushed at him, and the gentleman fell forward on his hands, and they were grazed and bleeding—the prisoner ran up a narrow court—I saw his face before he attacked Mr. Agar.

Prisoner's Defence. I got out of a train at Stoke Newington. Three or four people were running and calling "Stop thief." I ran after them and was given in charge.

GUILTY *.— Eighteen Month' Imprisonment,

1st March 1880
Reference Numbert18800301-283
VerdictGuilty > unknown

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283. RICHARD GALE (24) , Stealing a cheque for 6l. 10s. 6d. of Richard Freeman and another his masters.

MR. KISCH Prosecuted; MR. CHAPMAN Defended.

ROBERT PEROT BARNES . I live in Bath Road, Chiswick, and am in partnership with Richard Freeman in some building operations—the prisoner was our clerk about six weeks—on 26th January we owed Mr. T. W. Farmilce, of Rochester Row, 6l. 10s. 6d.—I handed this crossed cheque (produced) to the prisoner and told him to write a note stating that he enclosed the cheque, and I saw him put the letter with the cheque and seal it in an envelope which he placed in the office, for posting—the office is a temporary building on the estate—it was the prisoner's duty to post the letters—on 2nd December I received the cheque back through our bankers, and we were debited with the amount—this endorsement, "F. W. Farmiloe," is to the best of my belief the prisoner's writing; it corresponds with this letter (produced) which I saw him write—he was supposed to hand me the letters for the firm unopened, whenever I went into the office—I was there on 4th Feb., and saw him there—he handed me this letter of Feb. 3rd on 7th Feb. open—he had no authority to open it—I had asked him half a dozen times if he had posted Mr. Farmiloe's letter, and he said he had, and I asked him several times whether he had received a receipt—he said "No," and I told him to write for one on the 4th—I got this letter from Mr. Farmiloe—I had given no authority to the prisoner for it to be written: "Gentlemen,—A cheque was posted to you on January 24th, Saturday. "We are now making inquiries, and will settle the matter in the course of a few days.—Yours truly, Barnes and Freeman, per R. G." On 4th February I told him to write for a receipt—I was at the office again on Saturday, February 7th, and asked the prisoner if he had received a receipt from Familoe, and he brought me this letter open: "Dear Sir,—In reply to yours, no cheque has yet reached us, and we shall be glad to have same by early post.—T. W. Farmiloe." I have not changed any cheque at Mr. Suter, the grocer's, nor have any of my cheques been sent down there, but I have drawn small cheques, which I believe have been changed there—on 9th February I gave the prisoner in custody—I heard him ask Sergeant Francis to let him look at the endorsement on the cheque—the inspector asked him why—he said "I thought it was written with a quill; a quill is sometimes used in our office"—he told me half a dozen times that that letter had been posted with the cheque.

Cross-examined. I am the senior partner—Mr. Freeman looks after the practical part—I cannot swear that the endorsement is in the prisoner's writing—I was there every day from 27th January to 7th February—when I was not there the prisoner was not entrusted alone to pay the wages of 90 workmen, Mr. Howard, the foreman, assists in paying on Saturdays—the prisoner was trusted with money to a large extent, sometimes 100l. at a time—we pay about 100l. a week—on the 24th, in the afternoon, I told the prisoner I had lost my key of the office, but I found it about a fortnight afterwards—I sometimes posted letters myself if I was going to the station—there were other letters on this day, but I did not post them—I saw them on the desk—I had no letter to post that day with a cheque in it—there was no cheque that day payable to a Mr. George Wright, dated the 24th—I do not recollect Mr. Freeman asking me as to the posting of that; cheque, or my telling him that I had given it to a page boy to post—I had no reason to be angry with the prisoner—he had been employed to check

the accounts of the firm, and he came to the conclusion that I had had more than I was entitled to; that was a fact, but it was with the consent of my partner—no cheques were ever drawn out without our mutual consent, and they were all payable to order—Mr. Farmiloe's initials are S. "W., and the endorsement looks like F. and W.—I gave the prisoner the cheque at 9.30 or 10 a.m, and business was over by 1 or 1.15—I did not open the letter of 3rd February in the prisoner's presence—I did not instruct him to write this letter—I think I said at the police-court that I had told him to write for a receipt to Farmiloe—I may have said that that was the letter I instructed him to write to Mr. Farmiloe, but that was a mistake on my part—the prisoner only opened invoices which came in halfpenny envelopes—I never bad an open letter handed to ma

Re-examined. I subsequently found my key in an old pair of trousers at my private house—none of the workmen could get it there—I had no feeling against the prisoner for finding out that I had drawn more than my share—as far as I know I never had a letter handed to me which had previously been opened by the prisoner—Messrs, Farmiloe's envelopes do not bear their stamp outside—this letter was handed to me, but I swear I did not read it—Mr. Suter is not a friend of mine, but I have heard that he has changed our crossed cheques for our workmen—I never saw him till 9th February.

GEORGE RICHARD FREEMAN . I am in partnership with Mr. Barnes—I was present on 24th January when a cheque for Mr. Farmiloe was handed to the prisoner—I saw him write a note and place it in an envelope and put it in front of his book on his desk at 1.15 on Saturday—he afterwards asked me for the key of the office—I said, "What do you want it for?"—he said, "I have left my coat in the office"—I said, "I am going that way; I will go with you"—I was then at my residence—when we got 100 yards from the office he said, "You need not go any farther; I can go and get my coat if you will give me the key; you need not go; I don't think I have posted Farmiloe's letter"—I said, "If you have not there will be a tremendous noise about it"—he said nothing—I went as far as the door with him and tamed the key myself, and he entered about 2 yards, and said, "It is all right"—I thought he meant that the letter was there—we went back together part of the way—on the Monday or Tuesday after that I asked him if he bad posted the letter, and he said that he had—on the 30th I asked him again, as we had a letter from Farmiloe's saying that they had not had the cheque, and he said he had posted it—on the 7th Mr. Barnes asked him again if there was any receipt—he said "No"—all letters, except invoices, are opened by Mr. Barnes or myself—the prisoner's instructions were not to open any, and he has never handed me any opened—I did not give him authority to write the letter of the 4th, or any letter whatever excepting for orders—I know Suter, the; grocer; I have changed from 30 to 50 cheques there; I deal there, and my daughter changed them for me—I cannot say whether the prisoner knew that, but he knew that the other workmen changed their crossed cheques there—the endorsement to this cheque is in the prisoner's writing, to the best of my belief; I have seen it on several occasions, and I believe this to be a T—Mr. Barnes has drawn more money than his share by mutual arrangement, and I have not taken offence at it; nothing has been said about it; we are going on in our usual way.

Cross-examined. The prisoner was the only clerk—I can write a little; I can sign my name; I can read very little, I cannot write a letter—I

did not go into the office with him; he fetched his coat and hold it under his arm; he was there two or two and a half minutes—the shed has a window which opens to the yard; there are shutters to it—I was always friendly with the prisoner because I thought he was an honest man—he gave me money twice to take care of for him, 10s. and 5s.—I knew that my partner had had more than his share, but we did not know how it stood, and Gale was employed in December to put it together—I allowed him to draw what money he wanted, but he was to pay mo 5 per cent. if he did—I questioned Mr. Barnes as to posting a cheque for 50l., and he told me he gave it to his page—boy to post—that was not a fact, because he did not want any one to know how he was placed—I am not able to read writing, but to the best of my belief this signature is the prisoner's writing.

Re-examined. The reason he gave for not posting the cheque was that we were short of money and we must keep it back till Monday—that was not true.

By the JURY. The prisoner had a key, and Mr. Barnes mislaid his and borrowed the prisoner's key, and the prisoner therefore called on me in the afternoon for mine—the best of us are short at times, and Farmiloe's wen pressing us—we are on very good terms with them still.

JOHN WIGGINS . I am clerk to Farmiloe and Co., glass and lead merchants, Rochester Row, Westminster—I answer letters and I open them occasionally—I have made inquiries, and I swear that 6l. 10s. 6d. has not been paid on account of Messrs. Barnes and Freeman—this letter was written to them by some one in our firm: "Dear Sirs,—We wait your remittance as requested. Let us hour in course of early post"—wo have two kinds of envelopes, and they both bear the name of Farmiloo outside; anybody receiving a letter would know from whom it came without opening it—this letter from Barnes and Freeman in the prisoner's writing reached us on 5th February, and this letter of the 6th was sent in reply—the endorsement on this cheque is not that of our firm—no one is authorised to endorse cheques except the members—the money has not been paid.

Cross-examined. I do not know that our firm has been in private correspondence with the prisoner in reference to his taking a situation under them

SAMUEL SUTER . I am a grocer, of Turnham Green—Mr. Freeman deals with me, and I frequently change cheques of the firm—on 24th January I changed this cheque for 6l. 10a. 6d. after 2 o'clock, to the best of my recollection—I believe the bank closes at 3 o'clock on Saturdays—I cannot sweat to the prisoner, but I believe it was a person about his size; the man's voice Was like the prisoner's—I swear it was a man—the cheque had this endorse—ment—I paid it into my bank, and it was met—I had some conversation with the person.

WILLIAM FRANCIS (Police Sergeant T) I took the prisoner on 9th February—he was in bed; I said "I take you in custody for stealing two cheques"—he said "This is very hard"—I said "You know best whether it is hard or not; you must come with me"—he said "Oh, I will go with you like a lamb; I am innocent of the charge"—the inspector read the cheque to him, and he said "I should like to see the endorsement"—the inspector showed it to him, and he said "I wished to see it, becauso I thought it was written with a quill, and a quill is sometimes used in our office"—referring to this cheque he said "That first cheque never passed through the post."

GUILTY . Recommended to mercy by the Prosecutors and Jury.— Nine Months' Imprisonment , There were two other indictments against him.

NEW COURT.—Friday, March 5th, and

OLD COURT.—Saturday and Monday, March 6th and 8th, 1860.

Before Mr. Recorder.

1st March 1880
Reference Numbert18800301-284
VerdictGuilty > unknown
SentenceImprisonment > penal servitude; Imprisonment > penal servitude

Related Material

284. JOHN PETER RUPPERT (59), GUSTAVE DE COURTY (24), AUGUSTE TAULEGNE (48), EDWARD MICHAELIS (52), FRANCIS MILLER (60), JOHN PRICE HUMPHREYS (64), AUGUSTE GEORGE GROUER (48), and WILLIAM CASE (53), were indicted for unlawfully conspiring to obtain divers goods from Just de Tracy and another, with intent to defraud.

MESSRS. BULWER, Q.C., and MONTAGU WILLUMS Prosecuted; MR. POWELL, Q.C., MR. W. SLEIGH and MR. WILLES, appeared for De Courty; MR. GEOGHEGAN for Taulegne; MESSRS. GRAIN and RAVEN for Grouer; MR. A. METCALFE For Case; and MR. MANN for Michaelis.

JUST DE TRACY . I am a wine merchant, of 17, Tower Hill, in partnership with Mr. Koch—in January, 1879, Ruppert was introduced to us, and we appointed him our traveller—he was to receive 5 per cent, commission, on cheap wines, and 10 per cent, on expensive ones, to be settled weekly—he tot introduced customers for small orders, which were paid for, and subsequently a number of other customers—we supplied them with wine to the amount of about 125l. entirely upon his orders—he said that he had been 18 years in London, and knew the trade perfectly well, and would introduce good people—he said he was a Belgian, and the father of many children, and though poor he was honest, and he wanted to do the best he could for their support—he introduced a man who I afterwards found to bo Reid, as Smith Brothers, of 39, Wilson Street, Finsbury, and wines were supplied to him under that name—Ruppert said that Smith Brothers were very good people, the old partner hud just died, and that Mr. Smith kept a very good account at the bank, as I could satisfy myself—the first wine I supplied was on 28th March, 1879, which came to 3l. 12s.—I afterwards sent more, which came to 35l. 0s. 11d.—I received 20l. 2s. in cash for six orders; on 3rd April 4l. 10s., on 17th June 2l., on 21st June 10l., and afterwards there was a balance due on the last order, which I received in cash—Ruppert introduced me in May to Miller and Co., 21, Northampton Square, Clerkenwell; he said they were large merchants exporting beer, and showed me a label with "F. Miller and Co." on it—he said that Mr. Miller was a very respectable man, and that he would guarantee the payment for any transactions; I supplied Miller with four parcels of wine amounting to 52l. 3s. and on 31st May I received 8l. by cash for the early order; he gave mo a draft for 29l. is. on 2nd July, which became due on 10th August; I renewed it, and it was subsequently dishonoured; I have never been paid anything—I had no idea that Miller had been convicted—Ruppert introduced mo to Taulegne on 19th December, 1878, and said that he was doing a largo trade, buying wine, flour, and corn, and was carrying on business at 26, Lisle Street, Leicester Square—Taulegne ordered goods, and gave me a draft on De Courty; he subsequently took it up by the payment of the money, and I returned him the draft—on 18th February, 1879, Taulegno was supplied with 10 hogsheads of wine, value 45l., that was a cash transaction; Ruppert said that as Taulegne paid me the first account it would undoubtedly turn out a good transaction—he said "I have

seen Mr. Taulegne in the City; he is ready to give you an order, and he will come tomorrow to taste the hogsheads in the docks"—he did come with De Courty, who he introduced as "my friend"—I went with them to the British and Foreign Wharf, where they tasted the wine and bargained for it; there was a difference of 5s. per hogshead, and Taulegne said he would let me know next day, and two days afterwards he said that he would take the wine for 45l. cash—I made numerous applications for payment, but he never paid me—I brought an action against him, and obtained judgment, but never received anything—I had ascertained that he was trading under the name of Blachere—on 22nd August Ruppert introduced to me an order from J. Lyons, of 56, Trinity Square, Borough, diamond merchant—I supplied 1 him with a small sample case of Margeux—I sent it by my carman, and received on 30th September an order to supply J. Lyons, through Ruppert, with one hogshead of claret for cash—I gave Ruppert the delivery orders on the British and Foreign Steam Wharf and on the Hermitage Bonded Vaults, and received an invoice; the transaction was strictly cash—I told Ruppert not to part with the receipted orders till he got the cash; no wine was delivered on that order, and in August I received this order (This was in French, signed by Ruppert, requesting the witness to stop the delivery of the hogshead, as he had lost his pocket-book, containing the order for it and the invoice.) That is in Ruppert's writing—I stopped the delivery at the wharf, and on 18th October Ruppert said that Lyons had come from Newmarket Races, and was ready to take the hogshead and pay cash for it—I gave him another delivery order—this is it (produced), and removed the stoppage, and the wine was duly delivered—I afterwards received this post card in Ruppert'a writing. (This was in French, and stated thai Lyons would start for Newmarket again on Monday morning, and would be back on Thursday.) After that I tried to find Lyons everywhere, but could not; the wine was not taken away, I stopped it—I was afterwards shown the order at the wharf, and the J. Lyons had been altered to L. Lyons. (This was endorsed "Please grant one order in my name, A. Taulegne") That is in Taulegne's writing—Ruppert gave me this card: "J. Lyons, dealer in all kinds of jewellery, 56, Trinity Square, Borough"—on 18th February Ruppert brought Humphreys to me and introduced him as the manager of a large concern, "The London and Suburban Coal Supply Association, Bishopsgato"—Humphreys gave me an order that day for 6l. 12s., which was paid by a cheque on the Birkbeck Bank—he subsequently ordered wine of me to the amount of 98l. 2s., out of which he paid 12l. 12s.—I have never received the balance—on 31st March he gave me an order for 60 cases of claret, amounting to 25l., for which he gave me this acceptance at two months—that was not paid; I took it up myself; I have never received any more money on it—Humphreys gave me these cards (produced)—in December last I found that that wine was pledged with Mr. Brown, of Leicester Square—on 23rd January Ruppert introduced me to Grouer, of 12, Clarence Street, Greenwich, who gave me two orders, one on 23rd January for a case of claret and one on 22nd February for a dozen of champagne at. 32s.—the duty was not paid—I supplied him altogether with wine to the amount of 23l. 5s.—I received 8l., but have never received the balance, although I have endeavoured to obtain it—on 14th May, 1879, Ruppert introduced me to Michaelis, of 75, Little Britain—he said he was agent for three or four respectable firms in Berlin and Vienna, that his principal business

was for toys, but he bought wine—I received an order from him for wine amounting to 40l. 13s.—I sent the goods to him; he paid me 6?., leaving a balance of 34l. 13s.—Ruppert also introduced to me an order from a person named Whitehouse, of 65, West India Dock Road, who he said was ft gentleman doing an extensive trade in the docks, shipping goods abroad—I supplied Whitehouse with goods amounting to 172l. 19S; I received 76l. 4s., and there is a balance of 96l. 15s. due—I received acceptances from him, one of which he met; the others were dishonoured—he told me that his name was Cassabianca, but I only knew him as White-house—I know Whitehouse's writing—Ruppert introduced me to 46 direct customers; 21 of them have paid something, and the others have not paid, and he introduced me to 20 indirect customers, six of whom have not paid—on 6th December, 1879, I went to 6, Lant Street, Borough, in consequence of information—there is a very large warehouse there, with "G. de Courty "on the door—I looked through the window, and saw a lot of my wine—there was nothing on the door about what business was carried on—I was able by looking through the window to make this list (produced) of the numbers of the cases, on an envelope—I had supplied some of those cases to Michaelis and some to. Montreuil and some to Grouer—I could read my name in full on them—I ascertained that De Courty had another place of business at 8, Union Court, Bishopsgate Street—there was a paper giving that address, in the window—I went there immediately; there was nothing on the door, as he had just moved in, but there was a paper in the window with "G. de Courty "on it—a clerk opened the door—I asked for Mr. de Courty and he came, and said "I know you very well;" after a long conversation I said "You know my traveller, Ruppert"—he said "Yes, I know him a little"—I said "Do you know anything about his dealings?"—he said "No"—I asked him whether he knew Michealis, Grouer, White-house, and in fact all the other swindlers in my vocabulary—he said "I know Whitehouse only"—I asked him particularly about Lyons—he said he did not know him at all—I said "I fear many of my goods have never reached their proper destination, and I have come to ask you to surrender to me two cases of champagne which Whitehouse was going to send to me from your wharf, when he was killed on the bridge "(Whitehouse was killed by an accident.)—he said that he had no wine to surrender, and if I wanted to press him I might take an action against him—I had been informed before that of Whitehouse's death—he said "I can prove by A plus B that Whitehouse owed me when he died over 150l., therefore I have nothing to surrender to you"—he said he was glad I had called because he had a delivery order for six cases of champagne which Ruppert had left with him, and he left 6s. on the delivery order, and he found it was a forgery—there had been an alteration made in my signature, and in the numbers, but he thought my signature was right—when I mentioned Montreuil I said "Certainly there must be something wrong, Ruppert must have deceived you, because I have myself drank one bottle of that champagne at Massey'e, 32, Greek Street, Soho, which was supplied to him by Montreuil"—after that interview I saw Grouer at the Four Swans public-house, which is in the same building as De Courty's office—he was outside the passage—I told him that he had pledged my wine to De Courty—he said "I don't know him at all"—I said "I have seen you go into his place"—he said "It is not true"—on Tuesday, the 6th, I saw what you

may call the whole family at the Four Swans: Ruppert, Taulegne, New man, Michaelis, Miller, Grouer, Humphreys, Case, Lawrence, Montreuil, and Whitehouse in company together—I obtained a warrant at the Thames Police-court, and subsequently a search warrant, and on 29th and 30th December I went with Inspector Fox to De Courty's premises, in Lant Street, and 154 cases of wine belonging to me were found there, and six eight empty cases, some of which were in a bad condition; 12 of those cases were part of the 40 I had supplied to Michaelis, 18 which I had supplied to Miller, and eight to Montreuil, three to Humphreys, two which Ruppert himself had from me, and 83 of those which I had supplied to Whitehouse—I made this memorandum at the time—I also traced 50 cases which I had supplied to Humphreys to Brown's, the pawnbroker's—I gave Grouer the benefit of the doubt, as it was impossible to read on the cases whether there were 21 or 41 which had been sent to him, the numbers wore all smudged—a bundle of press letters was found at De Courty's, among which I identified some orders which I had received from Whitehouse—Ruppert also introduced me to Winstanley, of 83, Lower Thames Street, and on 20th May I supplied him with a hogshead of wine—Ruppert brought me the order, this is it—I supplied him with goods value 6l. 10s., and here is the receipt for them signed by Ruppert—he also introduced me to Tanner, of 16, Woodbridge Street, Clerkenwell, and I supplied him with goods value 51l. 3s. 6d. for which I have not been paid—I know Case, one of the representatives of Winstanley, Parker, and Co.—I supplied goods to Joseph Brachere, of 11, Florence Road, Finsbury Park, through Ruppert's introduction, to the. amount of 51l. 5s., for which I have never been paid—Ihave traced a portion of them to Mceunsh, that is Grouer; they were it Massey's, a wine—merchant—I only knew from Massey who he obtained them from—I know Martelli, a traveller for De Courty; he had wine from me to the amount of 3l., 3s.—he attended on every occasion at the police-court, and since the proceedings I have been paid the money—the goods were supplied on 14th May, 1879—I also supplied wine, 24l. worth, to Pignol, of Bolsover Street, through Ruppert, and have only been paid 6l.—the 10 cases of wine which I delivered to Humphreys were from my stock in the cellar, numbered from 1 to 100, and these were Nos. 1 to 10 of No. 1 brand—this is the receipt (produced), and this is the carman's receipt for 20 cases of claret supplied to Humphreys, it is signed "J. Humphreys, R. C," that is R, Case—this is an order for a hogshead of wine supplied to Smith Brothers, on 28th March, and this is a receipt for six cases; it is signed "R. Jones, for Smith Brothers"—this is Case's writing—among the papers found at De Courty's were a bundle of cheques and memoranda relating to transactions between Block, Baring, and Block—a charge was brought against me by Block in this very Court, and the verdict was that I left the Court without a stain on my character, and the costs of my defence were ordered to be paid—the Magistrate had dismissed the case, and they preferred an indictment behind my back—that was in 1878.

FREDERICK ABERLINE (Police Inspector H. Criminal Investigation Department). I apprehended Taulegne on 27th December last in Gracechurch Street—I told him he would be charged with others not in custody in fraudulently obtaining a quantity of wine from Messrs. de Tracey and Koch—he said "All right, I owe the man some money" (Mr. de Tracey was with me)—I put him in a cab and took him to the station in Leman Street—I

afterwards received some books and papers from Sergeant Newman, which I handed to Mr. Wontner—on 31st I went to 79, Bishopsgate Street Within—the name of "T. Blachere" was painted on the door—I there took possession of three stamps, one with the name of "Taulegne" on it, another with "Galway and Co.," and another "T. Blachere"—it was a small office, about the size of the dock; there was a desk and a chair or two; I found samples of gelatine and wool, a very small lot, and some Zumach powder, a bottle half full of claret, and a small quantity of indigo—he gave his address where he lived as 26, Lisle Street, Soho—I went there—he did not lire there; he had letters addressed there—on 28th December I apprehended Humphreys at No. 11, Newport Court, Soho—he was living in a small room on the ground floor, a bedroom and sitting-room combined—there was a very small shop in front, with some very old furniture in it—his wife was there—I told him that I held a warrant for his arrest, and I read it to him—he said "I owe Mr. de Tracy some money, I know; I will show you his bills"—he produced a bill and some other papers—I took possession of them, and gave them to Mr. Wontner—his wife said to him "This is your death warrant; I knew what it would be if you got mixed up with that Reid"—he was not dressed; I had to leave him there while his shirt was dried by the fire—I went to 17, Devonshire Square—I found on the door of the office which had been formerly occupied by Humphreys "Smith and Co.," also "The Anglo—Foreign General Store Association, J". Goodwin, manager"—I found no papers there.

WILLIAM PEEL (Police Inspector). Early in last year I had charge of a case against George Reid, who carried on business at 39, Wilson Street, Finsbury under the style of "Smith Brothers"—he was charged with defrauding Mr. Fleming, of Liverpool, and other people—I was present at his trial and conviction at this Court—I heard a previous conviction and sentence of five years' penal servitude proved against him—after his conviction he sent for me, and I went and saw him in Newgate—I have a warrant at the present time against him for defrauding Mr. de Tracy—among the papers I found on Reid was this contract note of wine supplied to Humphreys by Mr. de Tracy—I also found 68 pawn tickets, several of them in the name of Humphreys—I did not personally know Whitehouse—I knew his case was under consideration in connection with Mr. Fleming's charge, upon which Reid was convicted—Whitehoute died during the progress of the case—on 27th December last I apprehended Miller at 36, Stanmore Street, Caledonian Road—he had two small rooms there, very poorly furnished; there was not the slightest sign of bussiness—I read the warrant to him—he said "I did not conspire with any one; I bought the wine right out from De Tracy, I paid for some"—he was taken to Leman Street Station and charged—I found some papers on him, which I handed to Mr. Wontner—I knew Miller before, carrying on business at 21, Northampton Square, as Miller and Co.—I don't know what business it was—he was given into custody there for felony, but was afterwards discharged—on 28th December I arrested Grouer at 7, Bloomsbury Street; he was occupying the top room front, a bedroom and living room combined—I read the warrant to him—he replied "I paid De Tracy for some of the wine, I owe him but 14l."—I asked him who was Grouer and Co.—he replied "There is no company; I trade as Grouer and Co."—I found some papers there, and a stamp with the name of "Grouer and Co."

on it—there was no sign of business carried on there—he said nothing about having any other place of business—when I was at the police-court on the 27th Taulegne said to me "I am not one of those sort of men; I only know Ruppert by sight"—I had not said anything to him about any particular sort of men; I had not spoken to him—on 30th December I apprehended Michaelis at 75, Little Britain; there was an office on the second-floor back—I told him I was a police inspector and had a warrant for his apprehension for conspiring with a man named Ruppert and others in custody for defrauding Mr. de Tracy of a large quantity of wine—he replied "I bought some wine from De Tracy; I paid some on account, I will pay for the wine"—he would not come with me; I had not got the warrant, it was at Leman Street Station—I showed him my private and official card, but he would not come; he said he did not know who I was, he kicked at the door, I sent for a City officer, and he came quietly after I got him outside the door—there was no sign of business at this office; it was lighted by a small piece of candle stuck on the end of a desk—I handed to Mr. Wontner what papers were found there.

Cross-examined by MR. GEOGHEGAN. When this remark was made by Taulegne he had only been shortly taken into custody; the warrant had been read to him previously—there was no one else in the room—I had no conversation with him, he volunteered the remark—the word "slightly" was not used.

Cross-examined by MR. MANN. It was about 6 in the evening when I arrested Michaelis—I know now that his private residence is at Clapton Park; I did not then—there was a large quantity of papers in the room, invoices and books; Mr. Wontner has them; there was a desk, chair, a copying-press, and an almanack against the wall—I never saw such an office before—I have heard from his landlord that he had been there nine years, and had paid his rent

Cross-examined by MR. GRAIN. I think I found on Grouer two receipts from Mr. de Tracy for 5l. and 3l.—I have said we had no difficulty in gaining access to him; it was the most respectable room of the lot; it was cleaner, and a little better furnished than the other.

MATTHEW FOX (Police Inspector M). I received a warrant from the Southwark Police-court to search the premises of De Courty in Lant Street, Borough—I cannot tell the exact date—there is a large builder's yard and several houses in the yard, and a warehouse—there was nothing written on the warehouse—at the entrance of the yard I found "De Courty "written on the gate—before going there I went with a warrant to 8, Union Court Chambers, Bishopsgate Street, De Courty's premises—I waited there two hours, and then he came in—I said "Are you Mr. de Courty?"—he said "Yes"—I said "I have a warrant for your apprehension for, conspiring with others to obtain wine from Mr. de Tracy, and for receiving a quantity of wine, knowing it to be fraudulently obtained"—he said "I am innocent; I have some of De Tracy's wine at Lant Street"—I said "Have you any receipt or invoice for that wine?"—he said "I have not"—I said "Have you any paper whatever in relation to that wine?"—he replied "I have not"—Inspectors Peel and Aberline were with me—I handed De Courty over to them, and said "I am going to search your premises in Lant Street"—I went there with Mr. de Tracy and the two inspectors—I got the keys of the warehouse from some one in charge, and went into the warehouse, and

Mr. de Tracy identified a large quantity of wine in cases, and some in bottles '—I locked up the premises, and took possession of the keys—next day (Tuesday) I went again with the two inspectors and Mr. de Tracy, and found there 154 cases of wine, 53 of champagne, and the rest claret, which Mr. de Tracy identified—I also found a very large quantity of other wines, miscellaneous lots of goods, a number of documents, six fancy liqueur cases, perfectly new, branded "N. W.;" there was a railway label on them, showing that they had come from a railway-station in Paris; the date of the label was torn off—I found some letters, which I handed to Mr. Wontner, eight bales of silk waste, eight sacks of haricot beans, three bales of cork, two bales of truffles, and two packages of parchment skin cut in a circular form for drums—at Union Court I found a quantity of paper and books, which I handed to Mr. Wontner.

JOSEPH NEWMAN (Police Sergeant H). I took Case into custody on 30th January outside his house in Davis Street, Peckham—I was in company with Sergeant Robinson—he said "Good morning, Mr. Case"—I. said "Is your name Robert Case?"—he said "That is my name, sir"—I said "I have a warrant, and I am going to arrest you in the name of J. Winstanley"—he said "Who says I am Winstanley?"—I said "Mr. de Tracy does"—he said "I will have him for perjury"—I said "My friend here knows you as Robert Case; however, you will have to accompany us to Leman Street Police-station"—I read the warrant to him—he said "Who says it is 2,000l.?"—I said "The warrant here says it is 1,000l."——he said "A good many people would like to know where Winstanley is; he is on the Continent"—I searched him at Leman Street, and found among other things seven keys, one of which opened the office at 83, Lower Thames Street, where the name of Winstanley, Parker, and Co. was on the door—in a pocket-book I found the receipt relating to the taking of the office—I found certain papers there, which I handed to Mr. Wontner—since Case was taken into custody I found some letters there which came for him in the name of Winstanley, Parker, and Co.—those I also handed to Mr. Wontner—they were given to me by the housekeeper.

Cross-examined by MR. METCALFE. I am not aware that he told me that Winstanley was at Hamburg; he told me in the cab that Parker was dead, that he had left him the office furniture, and wished him to burn all the papers.

JOHN MCINTYRE . I am a warder in Coldbath Fields—I know Miller—I was present at this Court at the November Sessions, 1878, when he was convicted of felony after a previous conviction, and sentenced to 18 calendar months' in the name of Louis Moullier.

JAMES BOLTON . I am Sessions warder of Holloway Prison—I was present at the Mansion House on 17th January, 1879, when Miller was convicted of stealing drum skins, and sentenced to two months' imprisonment, under the Criminal Justice Act, in the name of Louis Moullier.

GEORGE HORNSBY (Police Inspector X). I know Ruppert—I was present when he was convicted on 8th May, 1877, at the Surrey Sessions, for obtaining money by false pretences, and sentenced to six months' hard labour.

JOHN ROBINSON (Police Sergeant G). On 15th September last I arrested George Reid at 37, Wilson Street, Finsbury—while I was there Case entered the office—he opened the door with a key—I asked him who he

was—he said "I am Mr. Reid's traveller"—I found a quantity of papers there relating to borax, obtained from Mr. Fleming, of Liverpool, upon which charge Reid was convicted.

Cross-examined by MR. METCALFE. I did not take Case into custody on that charge—he promised to be at the police-court at the hearing—I looked for him, but did not see him.

ST. JOHN WONTNER . The papers that were found by the different" witnesses were given to me, and I produce some of them; there was a very: large quantity, about a cart load in all—these I selected as more immediately relating to the present charge—first as relating to Taulegno, here is a writ of Be Tracy and Koch against Taulegne for 47l. 14s.; a letter from Mr. Hawkins, instructed by De Tracy and Koch to apply for payment, and several letters from De Tracy and Koch to Taulegne asking payment; an invoice for 10 barrels of wine, 45l., one for 6 hogsheads of claret, 30l., receipted, and a further one for 6l. 8s., receipted; a receipted invoice to J. Lyons, of 56, Trinity Square, Borough, of 18th October, for 6l. 8s.—the "J" there, in a similar way to the delivery order, is altered to L; and here is a letter to Taulegne stating that in consequence of the order being to J., not to L. Lyons, they were not able to act upon it; that was found at Taulegne's, also this book in which reference is made to Galway, Whitehouse, and others, and about half the entries refer to what is called "a secret account"—the name of De Courty does not appear in the book at all—it extends to September, 1879—there is a letter from Messrs. Abrahams and Roffey demanding payment of 37l. 1s. 2d. from Michaelis for the port wine, and a notice to quit the office, 75, Little Britain; a postcard and a letter from De Tracy and Koch addressed to Michaelis, of 3rd September—as to Grouer, there are a large number of pawn tickets and bills, a bill form accepted in blank by J. Winstanley and Co., 83, Lower Thames Street, County Court proceedings in the name of Grouer and Co., and a memorandum form of Frederick Grouer and Co., London Wall; an invoice for 16l. 5s. from De Tracy, and a receipt for 5l. on 2nd May and one for 3l. (A large number of other documents were referred to by the witness, showing the dealings of the different defendants with the prosecutor, and their connection with each other.)

Cross-examined by MR. GEOGHEGAN. I was solicitor for the prosecution at the police-office—I included in the charge there a man named Tissier; the Magistrate dismissed him—the police have given me all the papers and documents found at the different prisoners' places—I produce all that have any connection with the matter in issue—Taulegne appears in connection with Lyons, and also with Miller—he endorses one of the cheques payable to Miller, and also with Ruppert and De Courty.

Cross-examined by MR. MANN. I do not find any cash book or ledger amongst De Courty's papers—there are entries of the sales of small portions of wine—personally I know nothing of a fire at De Courty's premises in Thames Street—this scribbling diary huts very evident signs of it, it has been smothered in water—the greater portion of the diary is in White house's writing—I have never seen him write, but De Courty has stated so, and by comparing it with letters of his I think it is Whitchouso's writing—I find about 200 letters signed Whitehouse, and it is peculiar writing—I cannot bo mistaken.

HENRY EDWARD DANGERFIELD . I am manager to Mr. Edwin Brown

pawnbroker, Ryder's Court Leicester Square—about 28th April last a person named Reid came and asked for an advance of money on 50 cases of wine—he gave the name of George Reid, 39, Wilson Street, Finsbury—he offered as security a bill of lading—we sent it down to our agent in the, City, be valued it, and then we advanced 13l. 15s. upon it, less the charges—the contract note was for two months—the wine was not redeemed within the two months, and we put it up for sale at Debenhamand Store's, King Street, and bought it in ourselves.

Cross-examined by Miller. We did not ask for the wine—the first lot was bid 7s. a case for, and the second 6s.

ISABELLA SUTHERLAND . I am married, and am Housekeeper at 17, Devonshire Square—Humphreys had an office there in the basement—he was there when I went into the house 12 months last June—he went away last June, he was turned out—at first I knew him as Smith, afterwards as Humphreys—he had the whole of the basement—people came to see him there—I have seen Ruppert there, Miller, Case, and Grouer; I have seen several others go in and out—Case was always there, I was informed he was the clerk—letters came—I received the first delivery in the morning, and afterwards either Case or Humphreys—the name of Smith and Co. wag on the door, and The Anglo—Foreign and General Stores, also the London and Suburban Coal Supply, Limited, J. P. Humphreys, manager—I know De Courty by sight, I have seen him outside, and I have seen him inside—the last time I saw him he came with a French gentleman to take a room—I have seen him with Humphreys outside—I did not know Case by any other name.

Cross-examined by MR. MANN. The prisoners were put in the dock at the police court, and I was asked if I recognised them—they were not mixed with other potions—I did not know Michaelis.

Cross-examined by MR. WILLIS. My apartments were on the ground floor, above the basement—I saw De Courty in several rooms—I did not pick him out at first, because I did not know him without his hat—I recog nise him now, he left his card when he called at first—that was not the only time I saw him—I saw him in December and January, and con versed with him—there are 18 or 20 offices in the house—some foreigners were there—no one bad access to the basement part but them.

Cross-examined by MR. METCALFE. My husband lives on the premises he is a police constable, Case knew that

Re-examined. When De Courty gave me the card he came to take a room—I did not recognise him then as the man I had seen with Humphreys not till it was mentioned about his card being left, then I recollected him—I am quite sure now that he is the man—I had an opportunity of seeing the people coming and going during the whole 12 months they were in the

JOHN SUTHERLAND (City Policeman 345). I remember the office occupied by Humphreys, in the basement of 17, Devonshire Square—I have seen Case there frequently—the tenancy came to an end by a stress of rent—they were locked out by the landlord about last June—I was on duty day or night at that time—my wife was always there.

AMEDEE MASSE . I am a provision and wine merchant, 32, Greek Street, Soho—I knew Grouer in April last—another man came I don't know his name, and afterwards Grouer came with him—I purchased six hogsheads of

wine from Grouer at 4l. a hogshead—I saw the wine at the docks—it was Mr. de Tracy's wine—the warrants were given to me—on the following day I bought six cases of champagne from the man who came with Grouer—I don't remember his name—I got a pawn ticket for it for which I gave 2l. 10s.—this is the receipt the man gave me—it is signed in the name of Mœunsh—he was present when I gave the money to Grouer.

Cross-examined by MR. GEOGHEGAN. I know Taulegne—I have some slight idea that he was in my shop with Mr. de Tracy, but I am not sum—that was when I commenced business with Mr. de Tracy.

RICHARD CHARLES DARLEY . I am the representative clerk of the British and Foreign Wharf—Messrs. de Tracy and Koch warehouse their wine at that wharf—I know Taulegne by sight—I remember his coming to the wharf about a delivery order of wine to a Mr. J. Lyons—there was a stop on that wine—there was something wrong about the initial and the endorsement—it had been altered—we sent for Mr. de Tracy and showed him the order—I afterwards met Taulegne in the street—he said it was very strange that our people would not grant the warrant, he could not understand why, as he had been down there and shown the receipt of Mr. de Tracy as the wins was paid for—he offered to show it to me, but I said I did not want to see it as he had shown it there—on 27th February, 1879, I issued to Taulegns five warrants for two hogsheads on a delivery order, and on 1st April I issued warrants to Humphreys for cases of wine, the numbers of which ran from 51 to 100—the numbers of the warrants were 24454 to 24458—they woe five warrants for 10 cases each—that was wine of De Tracy and Koch's—they are endorsed by J. Humphreys and H. E. Dangerfield—those from 24404 to 24409 are made out in the name of Julius Mœunsh—they refer to six hogs heads of De Tracy and Koch's wine, ex Bitterne, and they are for one hop head each—I have the documents here signed by the defendant's carman, who took away the wine—I have a number signed by William Taylor De County's carman; one receipt for three cases and one for 10, one for 4l. and one for 60, all delivered to De Courty's carman—they would amount to 117 cases—I have a warrant here relating to five cases of brandy in the name of Michaelis, ex Kestrel, dated 15th April, 1879, deliverable to Russell and Co., and endorsed Russell and Co., and Charles Lamb—Michaelis's name does not appear on the warrant.

Cross-examined by Ruppert. The delivery order to Taulegne was presented on 1st December.

Cross-examined by MR. GEOGHEGAN. The order itself is dated 18th October—I said at the police-court that he seemed surprised that we had stopped the order—the clerk noticed it before he signed it—I have often seal Taulegne at the wharf—I daresay he knew our mode of conducting business—I should say he would know that the names must correspond—I don't know Strutton and Co., by whom Taulegne's wine was cleared—I know such a firm—they have often cleared wine from our premises.

EDWARD BINYON REEKES . I am a bill broker, of 1, Pinner's Court, Old Broad Street—on 17th June last I purchased five cases of brandy of Michaelis for 3l. 10s.—this is my cheque, with Michaelis's endorsement on it—I received the warrant from Michaelis—I don't remember the number of it—I sold the wine again to Sumpter, who trades as Russell and Co.

HERBERT SUMFTER . I trade as Russell and Co.—I purchased five cases of brandy from Mr. Reekes—I received a delivery order which I lodged, and

had it transferred to my name—I wrote on the back, "Grant a warrant in the name of Russell and Co."—it was endorsed "Russell and Co." and "Charles Lamb"—I lodged it with Mr. Lamb—this is it; it is No. 25013.

Cross-examined by MR. MANN. I sampled the brandy; it was very common brandy—I should imagine 3l. 10s. would be a fair price for it.

RICHARD COLLIER . I am a carman, of 77, Lower Thames Street—I have had 10 or 12 transactions in carrying goods from the British and Foreign Wharf for De Courty, for which he paid me—on 13th May I carried six cages, and on 30th May 53 cases; they were taken to 109, Upper Thames Street, where De Courty was then carrying on business—these are the receipts for 6l. 13s. 5d. and 17s. 6d. for duty and cartage—I can't say that they were signed by De Courty—they were signed by some one representing him.

Cross-examined by MR. WILLES. I never went to De Courty's premises—I have seen him at our place—I have never seen him sign his name—I have carried other goods for him: waste silk, not wool or nails—I have not my books here, only a memorandum of these two transactions.

GEORGE REID (A Prisoner). I am at present undergoing sentence at Pentonville Prison—I was convicted at this Court on 24th November of fraud carried on at 39, Wilson Street, but there was none carried on there; that was the charge—I know Case and Humphreys—I got acquainted with Case last April; Humphreys I had known five or six years ago, but I lost sight of him till June last year; I was then carrying on business in my own name—" Smith and Co.' was connected with the premises 39, Wilson Street—Humphreys introduced me there to Case—I believe he was carrying on business there before under the name of "Smith Brothers"—there was only Case and Humphreys connected with the business then; there had been a party previous named Parker, but he had died in January—there were three names up on the premises when I went there, Parker, Ward, and Smith Brothers—I was about selling a business that I had, and I mentioned it to Humphreys, and he told me he could introduce me to a good commission agency business in Wilson Street that was doing a very good trade, and he introduced me to Case—there was rent due to the landlord, and they asked me to pay the rent and I could have the premises to carry on business, and I paid the rent—I had about 170l. of my own, and I thought I might be able to do a business—Humphreys then had a place in Devonshire Square—I have been there—I think he was carrying on business there in the name of John Smith and in the name of Humphreys; there was only himself I believe—I don't know what Case was doing; he was backwards and forwards from Devonshire Square to Wilson Street—I was introduced to De Tracy and Koch after going to Wilson Street some time in April, 1879—Case and Humphreys I believe introduced me to Ruppert, their traveller—I gave him orders, first I think for six or eight cases of claret; I am not certain; it was only a small order—he came to Wilson Street with Case and Humphreys—the wine was delivered there and paid for—they wanted me to give further orders; I could not see what was the use of giving orders; I had no way to sell it; I had either to give it away or use it myself; I was out of pocket by it—I paid for all of it—Case and Ruppert together induced mo to give an order, I think for four hogsheads of claret at 5l. 10s. a hogshead—I did not take it; I refused to have it afterwards—I said to Case "What am I to do with

it?"—he said "We can sell it"—I said "What for?"—he said "We shall have to sell it for about 3l. or 3l. 10s."—I said "I shall decline to have it; I don't want to get things like that," and I declined to have it—Ruppert afterwards told me that De Tracy was very much annoyed that he did not take the Order up—I said I would go aud see him, and I did, and that was the first time I saw him—I told him I had no sale for it, and I would rather not have it—I have a very slight knowledge of De Courty—I think I first knew him in August last year—I had some sardines to sell, and Ruppert introduced me to De Courty in Lant Street—I had very little conversation with him; Ruppert and he had a good deal of conversation in French, which I don't understand; in the result De Courty bought a case of sardines at 6s. 6d. a dozen; there were eight dozen in a case—I had no invoice—I don't know how the sardines came; I never ordered them; they were sent to Wilson Street I believe from some chap at Dunquerque who had got about 40l. worth of goods out of me, and he sent those in part payment I suppose—Ruppert knew of my having them by coming to my place, and through Case—I have been to De Courty's place in Lant Street several times—the sardines were the first and only transaction I had with him—I bought three cases of wine of him for a party who gave me at order for it: I gave him 1l. 7 s. for three cases, but I only took two cases away; I left one to be called for next day, but I have never had a chance of calling for it since—it was some of De Tracy's wine; I particularly Wanted De Tracy's wine; the cases were all marked with his name—I saw nearly 100 cases there, and I remarked to Ruppert and Case, "What a lot of De Tracy's wine is there; I wonder what he would my if. he saw it," because I could judge very well it had got there unbeknown to him—Ruppert said "Yes, we could have put these hogsheads there if you would have taken them"—this was some time in August last year—I afterwards wanted some of De Tracy's wine for a customer, and I said to Ruppert "You get me three cases and I Will pay you for it"—he said he would he came next day and said he could not get it, but he knew where he could get it for me, so he told me to go to De Courty's, that he had mentioned it to De Courty and I could get the wine from him—I went, and De Courtv was not there then, or next day; I saw him ultimately, and the cases were left, and I paid for them and took two of them away from his premises in Lant Street—I pledged a warrant with Brown, and got 5l. 13s. on it; I got it from Humphreys—I lent him 11s. on it; he did not redeem it, and he introduced me to Brown, and I asked him to clear the wines for me and keep them till I wanted them, and when I went for them they were sold—there was some more wine pledged there which I redeemed—Humphreys told me he would not redeem them, and I had better sell them and make use of them—there was another pawn—ticket for 16 dozen of wine pawned at Attenborough's, which I got of Humphreys, that came from De Tracey; I had lent Humphreys 2l. on the ticket; he said he had sold it, and if I would let him have the ticket he would pay me the 2l., and I did—Mouller's name was on that ticket—I have seen all the other prisoners—Taulegne I knew as Blachere—I had a communication from this man at Dunquerque to go to him, he was his partner or something; I went to the office in Bishopsgate Street, where I was directed, and I saw Blachere there—I have seen him more than once, I saw him at the Four Swans more than once with Ruppert; I never had any

dealings with him myself—I have seen all the others together, one way or another; I have seen them in company with Case and Ruppert frequently'—Moullier is Miller—I have seen Michaelis, but I have never had any transaction with him—I have seen him with Ruppert once, and I saw him with a party who used to call on me named Wilkins—I think his name was De Grove, or De Grieve; I used to know them, but had no business with them—I have seen him with Ruppert and Case as friends—I only had one transaction with Miller, that was the ticket I bought of him and gave him hack to sell, and on which I lent him a sovereign—he said he did not want to redeem it, and I had better do so myself—I went to Attenborough's to get it out, and Humphreys had been there and got it, so I lost 3l. out of that, and I dare say Miller got swindled out of his money as well—I have been to Devonshire Square frequently—with the exception of Ruppert and. Case, I don't think I have seen any of the other prisoners there.

Cross-examined by Ruppert. When I gave you the order I told you that I would pay all in cash; you said I could have the four hogsheads for three months without payment—I did not say I could do better with, wine in cases—I think I gave you an order for 12 cases, not 20, in August—I paid 12l. in gold to Mr. de Tracy myself; I paid him one cheque, I know, and you told me not to pay any more cheques—you came to my place for the 12l.—wine was not in my line—I went to Mr. de Tracy and tried a bottle of champagne, which I took with me, and said I would give an answer in a day or two—I told you I had several samples of champagne at my place at 8d. a bottle—you changed the label by bringing me one of De Tracy's labels and putting it on another bottle of common stuff—I ordered 20 cases of claret through you, and when I went to pay Mr. de Tracy I gave him an order for 20 more—I think I owe him about 15l., but I did not get paid myself for the last 20 cases—I asked you to find a customer for my sardines, and you said you would—the next morning we met Case in Thames Street—he said something in French to you which I did not understand, but he did not buy the sardines—you never went with me to De Courty after that—I never was there with you but twice—when I was arrested I don't know that I sent a message to you that I wanted to see Mr. De Tracy—it might have been so—I know he was talking about prosecuting me for obtaining wine under false pretences, but when did I ever obtain any from you that I did not pay for?—he came to see me in the gaoler's room along with the policeman and my solicitor—I told him I would pay the 12l. when I was at liberty—I have frequently seen you with Taulegne—I have been with you at the Four Swans frequently when you have met him there, and I saw you with Michaelis in Thames Street and Bishopsgate Street

Cross-examined by MR. POWELL. My first transaction with De Courty was with the sardines—that was at a fair and reasonable price to sell again—I don't know what profit he made on them—that transaction was done at his premises in Lant Street, where I saw De Tracy's wine—I was a perfect stranger to De Courty at that time—I saw the ease with De Tracy's name and marks upon them; there was no concealment about it; anybody could see them that went on the premises—the conversation with Case and Ruppert about the wine was the evening previous between us three; no one else was present—I bought some wine at De Courty's and paid for it; I got it cheaper than I could of De Tracy—I know very little about wine being pledged till Humphreys introduced it to me by these tickets.

Cross-examined by MR. GEOGHEGAN. I did not know that Ruppert had been convicted till I heard it at the police-court the other day—I did not hear the name of Taulegne till I was asked by Inspector Peel if I knew it, and I said "I don't know him by name; I might know him by sight"—I said he was the man I knew as Blachere—I had seen Blachere it might have been three, four, or six times at the Four Swans when I have gone in there of a morning with Ruppert—I did not say at the police-court "I have seen Taulegne before, but never had any dealings with him;" I know him as Blachere.

Cross-examined by MR. GRAIN. When I went to Wilson Street I went there with the intention of carrying on a legitimate business—I went to Devonshire Square a good many times—I have passed Mrs. Sutherland ] there, but never spoke to her—I think the first lot of wine I had of De Tracy was made out to Smith Brothers, but I sent him a cheque in my own name—my first dealings with him were through Ruppert, but afterwards with De Tracy personally.

Cross-examined by MR. METCALFE. I think I first went to Wilson Street about 29th March, 1879—I was given to understand that Mr. Parker was dead then—I seem to have a slight recollection that I saw him once—I understood from Case that he had succeeded to the place after Parker's death—I saw Case once at De Courty's; he met me and Ruppert there.

Re-examined. You have to go down a yard to De Courty's place—yon, could not see the wine unless you looked through the window—it was not covered over with a tarpaulin.

BERNHARDT FRANKEL . I am an inquiry agent, of Latimer Street, Stepney—I have known Grouer for the last 10 years—I knew him at 6, Wormwood Street, City, trading as Mœunsh and Co.—that was before November, 1872, and up to about February or March, 1873—if I met him in the street I should say, "Good day, Mr. Grouer."

Cross-examined by MR. GRAIN. I am engaged in an inquiry office in Queen Victoria Street, it is called "The Mutual Confidence"—Grouer told me that his name was Grouer, trading as Mœunsh and Co.—I don't know another person in partnership with him; there was a man who died in Newgate two years ago of the name of Shoull and Co.—he had some wine of Mœunsh and Co.—I don't know that he was a partner with Grouer—he had some wine stored in my house in Liverpool Street eight years ago—I don't know that it was improperly obtained—I have cellars there—I was then a commercial agent.

JUST DE TRACY . (Re-called, Cross-examined by Ruppert). You first came to my place in October, 1878—you brought me an order from Gray and Co., and I kicked you out of my place—you did not show me a letter that you had from Gray and Co., asking for samples—you gave me an order for 50 cases of champagne, and I was told that Gray had been imprisoned for five years—he was an advertising agent in Leadenhall Street, and advertised to ship boys to sea—I remonstrated with the man for introducing to me a traveller who could bring me such rotten orders—when I saw you again I said you had probably made a mistake, that I thought you were honest you said you were a man of family and would try to bring me good orders and earn an honest penny, and I gave you my card—I afterwards engaged you at the beginning of January—I gave you 5s. or a sovereign when you asked me—I never refused to pay you your commission—I afterwards

gave you a regular salary as you objected to a commission—when you introduced Grouer to me you said he was a private gentleman living at Greenwich, that you had known him many years dealing in wines, and that he had a good connection—I went to Miller's place after you introduced his order—I wanted to see what sort of a place it was—I did not tell you that I had known him eight years ago—I renewed the bill for him and you said you would guarantee the debt from an annuity you had from Montreal—I let him have a second lot of wine for cash, but he never paid me—I made inquiries about Blachere, but there was a mistake in the name; there are two Blacheres in London, one good and the other a swindler—you gave me the initial of the good one, but it turned out to be the bad one—De Courty told me that he had lent you money on my wine and that you had robbed him of 5s. 6d.—there was a mistake about a delivery order for some champagne, but it has nothing to do with this inquiry.

Cross-examined by MR. GEOGHEGAN. I said at the police court that Ruppert first introduced me to good customers—he introduced Taulegne—he was good at first, because he paid me—I paid Ruppert his commission prior to 24th Janu ary, 1879—there might be some owing to him, there was a running account between us—I think I had three transactions altogether with Taulegne, and he paid me for everything except the last—I first thought of bringing a criminal charge against him in November last—that was after I had issued two judgments against him and got no money—I made inquiry—I was not going to bring proceedings against a man named Martelli—we simply wrote to him through our solicitor—it was a small amount, only three guineas—the endorsement on the delivery order of 1st December is Taulegne's writing, not the whole of it, not the word Lyons—I met Taulegne in the street very often, two or three times a week perhaps—Taulegne told me that he had lent Ruppert a sovereign upon a delivery order—I still con tinued to meet Taulegne after Ruppert was taken into custody—I met him twice, I think—Ruppert received his commission on his transactions with Taulegne,

Cross-examined by MR. GRAIN. Our wines are principly of a low class the taste of Englishmen being now for low claret—I first thought that Grouer was a private person—they were not trading orders I sent to him at Greenwich—I was paid, I think, with the exception of 3l. 12s.—he afterwards said he was in business, and I sold him wine to the amount of 16l. 5s.—he was to have three months' credit upon that order—I applied to him for pay—ment every week—he paid me 5l. in cash at the time he gave the order—my partner instructed our solicitor to write to him demanding the money—I cannot say when Grouer was taken into custody, all the warrants were issued on the same day—I have not seen Grouer go to De Courty's place in Lant Street, but 8, Union Court, Bishopsgate—that is the same door as the Four Swans—I have seen him go in and out of that place—it is a large place—there are 60 or 100 offices there—I saw him at the Four Swans, and followed him, and he went into De Courty's—that was on 2nd December—I asked him whether he knew De Courty—he said he did not, he had never Heard the name—I then asked him for my money, and if he would let me have it shortly—he said he would—I know that Mr. Wontner has been through the papers, and says that there is not a single entry in De Courty's books with reference to Grouer—I am certain I saw Grouer open the door of De Courty's office and go in—I have seen him outside the Four Swans five or six times—I began to watch him when I saw that he resisted payment

—I saw him with Ruppert and with Taulegne, and I have seen him with Miller near the Four Swans—I have seen him with Humphreys, but I could not say whether he was talking to him; they were walking along they did not seem to speak—I sold some wine to Blachere at 5l. a hogs-head, that was to mix with some stronger wines.

Cross-examined by MR. MANN. Ruppert introduced an order from Michaelis on 14th May, 1879—I did not know that Ruppert was a convict; he told me that Michaelis was agent for some good firms—I wrote to those firms—I have not my press copies of my letters here; one of the firms was Strauss and Co., of Berlin; I wrote to them immediately I got the name, that was in May; I wrote to four firms—I did not get any answer from Strauss—I supplied Michaelis with the champagne and claret, although I, got no answer—I saw a card of Michaelis with 1859 on it—I gave it to Mr. Wontner; perhaps it was 1869—I may not have mentioned at the police-court that I saw Michaelis at the Four Swans; but he was there—I received 6l. from Michaelis; I heard in Court that Ruppert had received 9l. from him—I charged Ruppert at first with having collected four sums, and I not having paid them to me, but since he has been in custody I have ascertained a great many others—I can produce my letter-book, unless my partner has taken it with him to Bordeaux; he has taken many books for the sake of business—he was three times at the police-court—I was examined nine times; I had the moat implicit confidence in what Ruppert told me—I made no inquiry at Little Britain about Michaelis.

Cross-examined by Miller. Your first transaction with me was for six cases of claret, for which you paid me 5l., and a few days afterwards you gave me a bill of exchange for 20l.; I renewed it; in the meanwhile you had 9l. more wine, and gave me a bill for 29l.; I came to you to collect it, and thought I recognised you as having known you before—I gave you three months' credit on that bill on the guarantee of Ruppert—when I knew you six years ago I was managing the foreign department of the Bank of Schneider and Co.; when I started in business I had capital to pay every farthing—I went to Arbour Square Police-station last August to charge you with robbing me, but somebody else had already charged you; your wife came to me many times, and asked me not to prosecute you, and said you would pay me—I came to your place on 27th December, and said "I am going to arrest you, but if you will pay me I shall save you this trouble but the detectives were then downstairs, and as soon as I left you they arrested you—I did a large business with a Mr. Danton, about 600l.; I know that he pledged a parcel with Mr. Brown; I consider that Brown and Danton have committed an act of conspiracy—I never gave any one authority to pledge wine in my name; I am on very friendly terms with my partner; like a brother—he is in Paris today prosecuting somebody there.

Humphreys also cross-examined the witness as to his transactions, which he had already detailed in his examination in chief.

Cross-examined by MR. METCALFE. I saw Case at the Four Swans, several times in December; I was watching there from the office of one of my customers next door to De Courty's—I ascertained Case to be Winstanlev, which I did not know before; I knew him by the name of Case in December; from the 3rd or 6th December to the 15th I saw him at the Four Swans several times, and going into the passage to De Courty—I saw him with Ruppert on 2nd December; the day I went and looked through the window at Lant Street.

Cross-examined by MR. POWELL. I came to this country on 7th October, 1870, after the war—from 1862 up to 1870 I was inspector of the Gresham Insurance Company in France, Switzerland, and Belgium, and different countries, and had 1,200l. a year—during the war my health wag very bad, and I received a commission from the French Government to come here and buy 100,000 rifles; the war lasted longer than I thought, and I stopped in this country up to this time—I was appointed to the Stoke Newington Middle Class School as a professor of mathematics and classics—I first became connected with the wine trade three years ago as a regular wine merchant—in France I had been selling wine for a long time; whilst I was insurance inspector I got many orders from my friends, and used to sell quantities of wine on commission, not as a wine merchant—I am 38 years of age—I began business in May, and Rnppert was introduced to me in October—he introduced some customers to me before I engaged him as my commission agent, about 100l. worth of business—he was introduced by Mr. Ellis, a customer; I did not ask for any other reference—I first saw De Courty in December, 1878; Taulegne introduced him as "My friend"—Taulegne gave me an order on that occasion—I told him in De Courty's presence that all my transactions were for cash—it was the next day that Taulegne came and gave the order; De Courty was not present then—the next time I saw De Courty was when I went to his office on 2nd December last year; twelve months had then elapsed without my seeing him—I went first to Lant Street—I went down the yard and climbed up the window and looked in, and I saw plainly and distinctly cases which I recognised as mine—I made then and there a memorandum of the numbers and eases—I gave that memorandum to the Magistrate at the Thames Police-court—I nave not seen it since; I made a copy of it—I did not go into the ware-house; I went to the office in Union Court; there was an affiche on the door stating that he had gone to Union Court—the warehouse was looked—I went there with the police on the 28th, and found there the eases I had seen on the 2nd—when I saw De, Courty at Union Court I said I wanted the 25 cases of champagne that "Whitehouse was going to bring me back when he was killed—that was the first thing I said to him—White-house was riding on Waterloo Bridge; the vehicle was overturned and he was killed on the spot—De Courty said he should not surrender it as he had a claim on it as against Whitehouse; he said Whitehouse owed him money—I asked him if he knew Taulegne—he said "No "at first, and afterwards he said "Yes," because he goes by the name of Blachere; that made the difference—it is not the custom in France to raise money on wine warrants—I did not know that it was done here; I, have heard it lately—I never raised money on wine, nor got it done for me—I have found out that my name has been unlawfully used—I first communicated with the police about the middle of November—with the exception of Taulegne I never saw De Courty in company of any of the defendants.

Re-examined. My partner is now prosecuting Danton in France—he if the person who pledged wine with Brown in my name—I don't know how the prisoners have got that information, except through Ruppert; they did not get it from me—the window at De Courty's warehouse is about eight feet from the ground, and the glass was painted—I had to climb up to look in—I will swear that the window was more than three feet from the ground—Block, Baring, and Block were the persons who prosecuted me when I

was acquitted, but not in that name, in the false name of Wm. Shetland and Co.—those names appear in De Courty's book.

MATTHEW FOX (Re-examined by MR. POWELL). I should say the window was about 5 feet from the ground; it might be less or more, but to look clearly into the window one would have to climb up—you could not see what was lying on the floor; it was very dirty glass with iron bars; it is not painted.

MR. WONTNER (Re-examined by MR. POWELL). I took possession of a very large quantity of papers that were found at De Courty's—it took me seven or eight nights to go through them—there were also books—all the books are here—the majority of the documents were found in Lant Street, but some at Union Court—I know nothing personally of there having been a fire in Lant Street—I was never there—it was so stated—I don't know that there was a restaurant underneath—the books show evident traces of water—I think I have put in all the papers that were found—I have no recollection of a bill of Mr. Singer to De Courty for truffles and other things amounting to 10l. 2s. 6d.—I gave the defendants' solicitor access to all the papers—I have simply extracted those I thought material to the case—my original instructions were to prosecute in all cases where I thought there was evidence, but as the matter proceeded I thought the case of De Tracy and Koch was so extensive that it was better to try that first; therefore I sorted out the papers that bore on that case, but I sorted a large number with a view to possible other proceedings, some of which I have here—I was searching for materials for the prosecution, not for the defence—there are invoices, and a vast quantity of letters showing orders for goods—there are a few entries of several bottles of wine sold at the time in one of the books, many of them showing that they were De Tracy's wines; many are only for a few shillings each—I don't believe there are entries to the amount of hundreds—in the scribbling diary there are entries of transactions with Sorrenberg—those appear to be advances on goods—there are several cheque books and two bankers' pass books, one in the name of Norris and one in the name of De Courty—one is of the London and County Bank, beginning February 24th, with cash 600l.

AMEDEE MASSE (Re-examined by MR. POWELL). It is the practice in the wine trade to obtain advances on wine warrants and wine—it is done to a considerable extent by men of respectability;

Ruppert in a long defence denied the existence of any conspiracy between himself and the other prisoners; whom he introduced as legitimate customers, and whose first accounts were properly paid, and that the subsequent transactions were with Mr. De Tracy himself, who had given them credit, and not being able to recover payment, had instituted this prosecution.

Miller in his defence asserted his innocence of any conspiracy or intent to defraud; that he had dealt honestly with Mr. De Tracyy whose reckless trading was the cause of his losses.

Humphrey's Defence. I have very little to say. My papers, have been kept back. What business I have done I have done directly with Mr. De Tracy personally.

Several witnesses deposed to the good characters of De Courty and Michaelis.

GUILTY . RUPPERT and MILLER PLEADED GUILTY> to having been before convicted.

DE COURTY— Seven Years' Penal Servitude. The other prisoners Five Years' Penal Servitude each.

The Recorder considered that the police had conducted themselves with great ability and earnestness in the case, and were entitled to the thanks of the country.

1st March 1880
Reference Numbert18800301-285
VerdictGuilty > pleaded guilty
SentenceImprisonment; Imprisonment

Related Material

285. JOSEPH FORD (28) and HENRY BENJAMIN POLLARD (28) PLEADED GUILTY to unlawfully and fraudulently obtaining goods within four months of their bankruptcy, with intent to defraud. Other Counts for offences under the Debtors Act

FORD— Fifteen Months' Imprisonment. POLLARD— Nine Months' Imprisonment.

NEW COURT.—Wednesday, March 10th, 1880.

Before Mr. Common Serjeant

1st March 1880
Reference Numbert18800301-286
VerdictNot Guilty > unknown

Related Material

286. ALBERT PAVITT (17) and CHARLES WHEELER (20) , Burglariously breaking and entering the dwelling-house of Maria Merryweather and stealing two knifes, eight forks, 15 spoons, and other articles, her property. Second Count, receiving the same.

MR. WAITE Prosecuted; MR. RAVEN defended Pavitt.

CAROLINE MAYNARD . I am servant to Miss Maria Merryweather of 2, Bruce Terrace, Lordship Lane, Tottenham—on Friday night, January 30th, I went to bed about 10.30—I was the last person up—I fastened the kitchen window with two shutters and an iron bar inside—I came down at 6.30 next morning and found the window wide open—a square of glass had been broken to unfasten it—this piece of iron was broken, and was on the floor—the parlour was in confusion, the cupboard doors open, and the contents turned out—I identify these two silver pencil cases and this stiletto by seeing them in my mistress's workbox, also this bunch of seals, and this agate seal and box.

Cross-examined by MR. RAVEN. There was a very thick iron bar across the shutters, which was very much bent next morning, and the shutters were wide open; one man could not have bent it so—the latch had been lifted up through the broken window.

THOMAS PADGETT (Policeman). On Saturday morning, January 31st, I went to 2, Bruce Terrace, and found a pane of glass broken over the catch, the catch forced back, the shutter bar sprung by bending it in the centre and forcing it out from the socket at each end—I had the prisoner Wheeler in custody at Tottenham on February 5th, and he said "If you will help me out of this next Monday, sir, I will tell you about the burglaryn—I said "I will speak to the Magistrate about it"—he said "I went with Donovan up to Kingsland on Saturday; he asked me to sell some seals for him at a shop, which I did for 2s.; we then went to Bishopsgate Street, and I sold some pencil cases at a shop for 1s.; if you don't believe me I will go and show you the shop"—I said "I will go with you"—I did so—we went to Mr. Laws, a jeweller, 44, Ball's Pond Road, where I found these two seals, a small gold ring, and an agate box—we then went to Mr. Moore's, a jeweller's in Bishopsgate Street, and found these two pencil cases and this seal—Pavitt was taken on the 5th by another constable, and his father came and said "He was out; I know he was out on Friday night; he left to go

to the coffee palace about 7.30, and did not return till I let him in about 7.30 next morning."

WILLIAM BAILEY . I am a labourer—on Friday night, January 30th, I slept in Mr. Tostle's brickfield at Tottenham—Pavitt and Donovan came into the shed—I said to Donovan "What is the time?" and he said "About a quarter to 11"—they asked if there were any gals up there—I said "No"—they said "We have left one down at the bottom of the brickfield"—they laid down, and left about 12.30 o'clock—I said to Pavitt "When are you going?"—he said "Home"—they both came back between 1.30 and 2 o'clock, but said nothing—they laid down and went to sleep (The Court cautioned the witness that he would be sent to prison if he did not tell all the truth)—I said before the Magistrate "I asked them where they were going," and Donovan said "To do a bit of business"—that was before they came at 1.30 o'clock, and I say so now—I also Raid "They got up at 5 o'clock in the morning and began to halve the stuff"—that was knives and forks, two pencil cases, two pieces of gold, and two pearlhandled knives—I cannot swear to these things, as I was lying down, and they thought I was asleep—I saw Pavitt again on Saturday outside his shop—I asked him whether he had got rid of the pearl handled knife—he said "It is planted, but Donovan has gone to get it to sell it"—I asked him where it was—he said "Donovan has gone to sell it along with Wheeler."

Cross-examined by MR. HAVEN. I saw Pavitt on Saturday and Donovan on Sunday; on Monday I saw Pavitt again; he gave me some bread and butter, and said that Donovan had gone with Wheeler to sell the knife—I said at the police-court that I did nut see them till Monday, 2nd February, but I did see him on Saturday—Joseph Bailey slept in the shed in the brickfield—I slept there a month—I knew Pavitt and Donovan when they came—I was awake—there was a fire—they sat there till I was asleep—I sat up and saw them showing each other the things—Pavitt said after they returned he had been home but could not get in—they laid down and I went to sleep—I was sitting up when they left—it was 12.30 o'clock, as the last train left—the other Bailey was there then—they returned at 3 o'clock—I know that, as Joseph Bailey asked me the time—I went to sleep, and when I woke I saw them giving Joseph Bailey things to look at—they laid down and got up at 5 o'clock—I know the time by the first train going at a quarter to 5 o'clock—I said at the police-court "They got up at 5 o'clock and began handling some stuff"—I have not spoken to any one about the case since I was before the Magistrate—Joseph Bailey told me not to say a word about it, because he had left the plate box and knives and forks behind, and a few things, and he wanted to go back and get them—he is not a relation of mine—I saw some knives and forks, two pencil cases, and two pearl—handled knives—there was only the light of a large coke fire in a little place—Mr. Stevens came in the morning and told us to turn out of the field—I gave information to John Taylor next night, Saturday—I have been in a little trouble since last Thursday about some pigeons I had given me, and before that job I was locked up at Tottenham—I ought to have had seven days, but I never done seven.

Re-examined. I told the truth before the Magistrate, but since that Bailey has told me not to say what happened that night, and I therefore altered the account I had given before the Magistrate—I can hardly swear to these things, but they are like them—he only handed them to Bailey to look at and give

back—I know nothing of Pavitt except that he has always had a good character—this is the first time he ever was in trouble—I was taken before a Magistrate for three oranges, and I am accused now of something connected with pigeons—I am telling the truth now as far as I can.

JOSEPH BAILEY . I am a brickmaker, of 16', Marshfield Road, Tottenham—on Friday, 30th January, about 8 p.m., William Bailey and I went to the hut in these brickfields, and at 10.45 Donovan and Pavitt came—I had the door tied up and a strap round it—they told me to open it—I did not know them—I opened it, and they came in and sat down, and after they had sat a little while Pavitt got up and asked Donovan if he was going—Donovan said, "If we get there at 12 or 1 o'clock it will do"—they went out between 12 and 1, and when they returned I asked Donovan the time—he said, "It has just gone 2"—they sat down in the hut, and Pavitt pulled out a brown-handled and a pearl-handled knife—I asked him to let me look at the pearl-handled one, and he did so—I returned them, and he showed me these two pencil-cases—I saw Donovan with a watch-seal, and he rattled a little box; I asked him what was in it—he said, "An old pair of earrings," and put it in his pocket—they remained till Mr. Stevens, the foreman of the field, came, just before 6 am., and then they went out—I saw them again separately on the Monday—Pavitt was then working for his father.

Cross-examined. Donovan is not here—there was a coke fire—the coke was right against the hut; it belonged to Mr. Tostle—I don't know who lit the fire; it is kept there night and day for the men to have their meals there—Stevens did not turn us out; we stopped there till 8 o'clock—that was the first night I had slept there—I had the pearl-handled knife in my hand; I did not notice whether it had any writing on it; I cannot read—I did not see any stuff being halved—I did hot hear Donovan say, "We are going to do a little bit of business"—I have not spoken to any of the witnesses since I was at the police-court except young Bailey, and I have not spoken to him about this case—I spoke to him yesterday morning, but only asked him what time he started from home and what time he got down here—I did not say, "Don't say anything about this, as I shall go back and get the plate-chest"—I did not mention the plate-chest, not did he—knives and forks were not mentioned—I did not say that I should be able to go back and get the things—I do not know where they are, or where Donovan is.

Cross-examined by Wheeler. You were not in the brickfield or the hut

MARIA MERRY WEATHER . I live at 2, Bruce Terrace, Lordship Lane—on the night of 30th January I was the last person up—the house was all locked up—I came down a little after 6 a.m. and found the parlour cupboard open, two desks broken open, the drawers taken out and the contents thrown about—I missed a basket containing 12 silver spoons, three plated ones, a dessert knife and fork, a butter knife, and a glass knife—rest; also two silver pencil-cases, a silver penholder, two pearl-handled knives, one of which is here, two stilettos, a bunch of seals, an agate stamp-box, and a carnelian stud.

GEORGE STEVENS . I am foreman to Mr. Tostle, the brickmaker, of Tottenham—on Saturday morning, Jan. 31st, about 5.15, I met Wheeler in the brickfield, about half-way to the hut; he was not employed there, and I told him to be off out—he passed me, and I went on to the shed where Pavitt, Donovan, and the two Baileys were—I told them to be off out of the place—the shed is for the men to have their meals in in the bad or cold weather—a fire is made up in the daytime, and they do not put it out; I went on; I do not know whether they left.

Cross-examined by Wheeler. I met you in the fields, between the stables and the railway arch which is in the field.

WILLIAM LAW . I am a watchmaker and jeweller, of 44, Ball's Pond Road—on 31st January, between 1 and 2 o'clock, a man I do not know sold me these two seals, key, and 'carnelian box for 2s.; it was neither of the prisoners.

CHARLES ALEXANDER MOORE . I am a watchmaker, of 95, Bishopsgate Street—on Saturday, January 31st, some one, neither of the prisoners, gold me these two silver blacklead—pencil holders and a seal for 1s., and 12 or 14 silver tea and salt spoons for 2l. 15s.; they had been in use some years—there was a letter on them, an "M," I think.

Cross-examined by MR. RAVEN. I am not a pawnbroker—I sold the spoons next day, and made 8s. profit; the man said that he had to part with them through work being so bad all the winter.

JOHN TAYLOR (Policeman). I took Pavitt on February 8th, and said "I shall take you for being concerned with another man not in custody for breaking and entering Mrs. Merryweather's in Lordship Laney"—he said "I am very sorry I was brought into it"

Cross-examined by MR. RAVEN. I received the information from William Bailey on Thusday, the 5th, and took Pavitt the same day—he was brought up; William Bailey gave evidence and identified him, and he was remanded, and on the following Monday was let out on bail—the case was proceeded with on the next Monday, and then I produced the other Bailey—I have been concerned in getting up the case—I bought William Bailey a pair of boots; he was in a very ragged condition, and I was ashamed to go down the street with him.

THOMAS LUCAS (Detective Sergeant). On February 9th I took Wheeler, and said "I shall charge you with receiving a portion of property stolen from a house in Lordship Lane,"and showed him these seals—he said "Yes, I received them from John Donovan"—I went to Kingston, and sold them for 2s. to a jeweller, and I sold two pencil-cases for 1s. at a jeweller's in Bishopsgate"—I said "How do you account for your time on the night of the 30th January?"—he said "I slept in a stable belonging to Mr. Tostle in his brickfield.

Cross-examined by Wheeler. I think you said some time after "I did not know they were stolen"—the stable is about 100 yards from the shed—it is considerably under half a mile from the shed to the prosecutor's house.

Pavitty in his statement before the Magistrate, said that he slept in the brickfield because his father had locked him out, but that he knew nothing of the burglary, nor was anything traced to his possesion, and that the only knife) he had was a brown-handled one marked "A present from the Crystal Palace"

PAVITT received a good character.— NOT GUILTY .


Before Mr. Common Serjeant.

1st March 1880
Reference Numbert18800301-287
VerdictGuilty > unknown; Not Guilty > unknown

Related Material

287. ROBERT FENTON (19) and GEORGE HARDING (27) , Robbery on Thomas Clark, and stealing a watch and chain his property.

MR. RIBTON Prosecuted; MR. CROOME defended Fenton,

THOMAS CLARK . I am foreman of the Government Drainage Works—on Wednesday, 28th January, I was in the Hainault Arms public-house, Romford Road, about 12 o'clock; it was a frosty day, and we could not go to work—I had come from Bedfordshire about three weeks before to look for work—at about 11 p.m. I was in the tap-room, where I saw both the prisoners—I knew Harding before; I paid for some beer for them—there was another with them, and I paid for some ginger-beer for him; I had a little over 2l. with me in silver in a small bag—I am not sure whether I took the money for the beer from the bag; I left the public-house a little befor 11 o'clock—Fenton and the other man left a little before me, and Harding came out after me—when I had got about a quarter of a mile some one came behind me, and pushed, or knocked me into the hedge—one man held me down, while another took my watch and guard and money—my watch was a double cased silver, and the guard was silver, with a seal and swivel to it—I had two keys in my pocket; one belonging to a box, and one to a padlock; they were on a ring in my bag with the silver; they ran away in the direction of Chigwell Road, towards the public-house again—next morning I went to the police-station, and told them what had happened—on the 30th I was shown Fenton amongst a number of others, and picked him out; about a day after Harding was shown to me; I picked him out—I have no doubt about the prisoners being the men—this is my watch (produced); here are my initials on it; the swivel is broken off—I described it to the police.

Cross-examined. That was not the fine time I had been to the Hainault Arms—it is two or three miles from my lodgings—I lodge at Chadwell Heath, about a quarter of a mile from where I work—I am the foreman—I went there more from the inclemency of the weather than anything else—I might have paid for a few pints of beer, because I asked some one to drink who came in—I don't know that I paid for two gallons; I cannot say to a pint or two—I was not drinking all the time I was there—I did not pay for six pints of beer, besides fourpenny—I was sober enough—I could walk very well when I left—both prisoners came about 9 o'clock—the public-house is in the main road from Romford, and persons coming from Romford Market on a Wednesday would use it—I did not see Fenton have any supper—he drank with me—I might have said before the Magistrate that I drank with him—I don't know that he paid for any—I don't know where Fenton lives; I have heard that his mother keeps a public-house—I went home straight towards Chadwell Heath, which is in the opposite direction to Chigwell Road—I was pushed into the hedge—I saw no one until they were running away—I said the key the police had was much like mine—there is a very rough notch in the swivel where it fastens; I believe it to be part of my chain—my face and neck were scratched very much.

Re-examined. I said before the Magistrate "I am not sure about the key, though I lost one similar"—that is what I say now—I said "I believe the swivel to be mine"—I had one like it.

WILLIAM KNAPP (Police Inspector). At about 8.30 a.m. on 29th January the prosecutor came to the police-station—his face and neck were bleeding, and in consequence of what he said I sent a constable with him to the spot and I followed, and the prosecutor pointed out the place of the occurrence; it bore marks of a struggle on the grass, and there were little

bits broken off the hedge—I followed the footmarks of apparently three persons from the Hainault beerhouse to the spot, but I saw none leading back to the beerhouse—Fenton was taken on the 30th, about 2.45, by Doe, 128 K—I said to him "I suppose you know what you are brought here for?"—he said "Yes, I do"—I said "You are charged with being concerned with others in committing a highway robbery with violence on a man named Clark in the Romford Road, Dagenham, at about 11 on Wednesday night, the 28th January"—he said nothing—I then searched him—when the charge was read over to him he said "I know nothing about it"—I found on him 11s. in silver, 8d. in bronze, and this key, a broken watch guard swivel, and a bill for a hat dated 29th January for 1s., 10d., (Read: "Association of Capitalists, Manufacturers, and Operatives, Whitechapel Agency, 12,13, and 16, Commercial Road, E. Agent, E. Copland. 29, 1,1880. Hat, 1s. 8 1/2 d."—then there is something illegible 1 1/2 d. making 1s. 10d.—I said "Can you account for the possession of this key?"—he said "I don't know how the key came in my pocket; I don't know who it belongs to"—I said "Can you account for the possession of this broken swivel?'—he paid "I don't know how it came in my pocket; I don't know who it belongs to"—the prosecutor then came to the station, and I placed Fenton amongst 10 others, and the prosecutor picked him out as one of those who had robbed him—I showed the prosecutor the key and swivel—the key, he said, to the best of his belief, was his, it was similar to one he had lost—the swivel he said was from off his watch chain that he was robbed off—Fenton said, pointing to the prosecutor, "That old man said his watch chain and swivel were silver 1"—I said "Yes"—he said "Well, that isn't silver"—I Said "How do you know?"—he said "Because I had it tested yesterday."

Fenton. I never said so.

The Witness. He said "The key belongs to a box which is at my mother's house, and you will find it fit"—I found it did fit a box at his mother's house—Harding was brought in at 10 o'clock p.m. on the 30th asked Fenton if he could tell me where he found the chain—he said, "No"—the prosecutor picked Harding out—I made inquiries and found the watch at Mr. Telfer's, pawnbroker, Whitechapel, and the prosecutor identified it on 3rd February—he previously told me the initials on it—the pawnbroker picked Fenton out on 7th February—I said "Fenton, let me look at the hat you are wearing"—he handed it to me, and I said, showing him the bill which I produced, "This is the bill for that hat which you, bought in Whitechapel on 29th January"—he said "Yes, that is quite right, I did buy it there"—I am not certain whether he used the word "buy."

Cross-examined. I found the bill in his pocket—I first received information of this matter about 8.30 a.m. on the 29th—the prosecutor's face wad not then running with blood, but there were fresh clots of blood on it—I followed the footprints from the spot to the beershop—the road is a good deal frequented—there was a very rimy frost on the ground and hedges nearly a quarter of an inch thick—I did not take any impressions of the footsteps because the ground was hard—it was only by the rime on the gnus that I traced them—I took no measurements of them—I ascertained that the prisoners had been to the beerhouse—I have been in the district nearly four years—the home is only much frequented on a Wednesday—it

is a by—road, not exactly a by—road—I watched the Old Mill beerhouse, Wanstead, where Fenton lives—his father was killed by an. accident—Fenton's mother is respected—I do not go to Bomford or Whitechapel markets—he has a sister living in the Leytonstone Road; she is a widow—Doe must have heard, my conversation with Fenton on the, 30th—I took down what was said, shortly, after, the same night—I have it here,—all that relating to Fenton was written at the same time—none of it was written before the time I have spoken of—I swear he said he did not know who's the key was, and he said the same with regard to the swivel—Dee must have heard it—it was three or four hours afterwards that Fenton said the key fitted a box at his mother's, and that the swivel belonged to a watch chain at his mother's—I do not think that is in the depositions, but he said that, and I intended to have said it—I made inquiries, at his mother's about the swivel, and I know in consequence of those inquiries that there. are witnesses here to-day for the defence—I ascertained on the 2nd, that the watch was at the pawnbroker's, and the pawnbroker's assistant saw Fenton on the 7th at the Ilford Police-court in the waiting-room adjoining the cells, and identified him; he came for the purpose; there were six in the room—Barrett was here on Monday—I am not aware that he said anything to me about indentification before going before the Grand Jury—he did not Bay "I must make it clear he is the man, to protect myself"—he did not have any conversation with any one in my hearing about Fenton.

Re-examined. All that is is, written in; that statement as to Fenton, except as to the hat, was written at one time—that part as to Harding was written at another time.

By the COURT. There were no other footsteps on the grass except those leading from the public-house to the spot,

WILLIAM DOE (Policeman K 128). I apprehended Fenton at the Old Mill and told him the charge—he said "I know nothing about the b—robbery; I was at Romford market on Wednesday, and stopped at Hanner's on Wednesday night, and on leaving there I went through the fields and out by Froghole Lane"—I took him to the station, where he was identified, and gave him up to the inspector.

Cross-examined. I have been in the neighbourhood of the robbery for eight years, and know it very well—there is a path leading across the fields to Froghole Lane and so to the Old Mill public house, which is the way he told me he went home that night—he did not say before the Magistrate that he left about 11—he did say so—I heard some part of a conversation between Fenton and Knapp—I did not write it down—I went with, the prosecutor and Knapp on the evening of the 29th to the spot—I was not out on duty the night before—the Old Mill public-house is not on nay beat—I know it is kept by Fenton's mother, and that his father kept it up till a period when he met with a fatal accident

WILLIAM PEAGRAM (Policeman K 471). I searched for Harding, and found him at Mark's Gate, Dagenham—he was crossing the road—I told him I should take him into custody on suspicion of being concerned with others in committing a highway robbery with violence on Wednesday, the 28th, in the Romford Road—he said "All right, governor, I know nothing about it"—on the way to the station he said "I wafted to London on Thursday morning, I have walked back to-day; I have just come home I searched him, and found 2 1/2 d. upon him.

Cross-examined by Harding. I never heard you tell me you were at Hanner's on Wednesday night.

SARAH HANNER . I am the wife of James Hanner, the landlord of the Hainault Arms, Dagenham—on Wednesday, the 28th, both prisoners came to my house between 8 and 9 o'clock—Fenton and a man not in custody came in first, and Harding came in a minute or so after—I afterwards saw the prosecutor there, who had been in the habit of coming in—he came in about 12 o'clock, and remained the whole day—it was frosty, and work was stopped—I served the one not in custody with a bottle of ginger-beer, and I served Fenton with a slice of bread and cheese, and Harding with a pint of beer—the prosecutor paid two or three times from a bag in his pocket, one of those yellow jean bags—the prosecutor also drank—I saw him leave quite sober—I saw his chain, watch, and seal, it was a long silver chain-Fenton and the man not in custody left about two minutes before the prosecutor, and Harding left directly after—the prisoners were quite sober.

Cross-examined. My husband has kept this beerhouse 11 years next April—I have only known who Fenton was this last 12 months—I have known the prosecutor since he has been in this government affair—he has dined at our house when he has been at the Foxborough Farm—he has come in about 12 o'clock, and stopped there till closing time—I knew all that came in—I don't encourage drunken people—I did not tell the Magistrate that the prosecutor paid for six pints of beer and four pints of fourpenny ale—he did not pay for more than four or five pints of beer during the day—I only took for the bread and cheese from Fenton—he drank some of the beer which the prosecutor ordered—I only served—I did not see the prosecutor treat any one else—I know the Old Mill—a little girl also served up till 9 o'clock—she had gone to bed after Fenton came in I was in the bar-parlour—the little girl did not serve Fenton with a pint of beer; she called me to open the ginger-beer—it was a foggy night—I saw them cross towards the Chigwell Road when they left, but I lost their footsteps.

Cross-examined by Harding. You did not come in before Fenton—I served you myself when you first came in.

Re-examined. I knew all who came in; they were in the habit of coming there—I said before the Magistrate:" The prosecutor had paid for five or six pints and some ginger-beer for the prisoners, and for four or five pints of fourpenny ale for himself during the whole day"—that is my signature to my deposition.

ALFRED WOOD . I am a carman of Dagenham—I know the prisoners—I saw them the day after the robbery against the Red Lion, in High Street, Whitechapel, some time before 12 o'clock—I said "Morning" to them, and they said "Morning"—I am quite sure of the men.

Cross-examined. It was on the 29th I saw them—I cannot fix the hour nearer than before 12 o'clock—I have seen Fenton at the Whitechapel Market during the three years I have been in the neighbourhood—I know. Fox, I did not see him with them—there was a lot of people about there, but nobody with them.

AMBROSE BARRETT . I am manager to Mr. Telfer, pawnbroker, of 88, High Street, Whitechapel—our place is nearly opposite the Red Lion, at the corner of Leman Street—I gave this watch to Inspector Knapp—I

have had it in my custody since this affair—it was pawned at my place by Fenton on 29th January for 10s.—I have no doubt about it—he gave the name of George Johnson—I did not see any chain or swivel—it was before we went to dinner, and we dine at 1 o'clock—I had not seen him before to my knowledge—a number of other people were put with him at the police-station, and I picked him Out.

Cross-examined. Mr. Telfer has a large business, and there are a good many people in and out, but not towards the end of the week—I swear to the man—he gave his residence at Ilford—I said, "What road or" street?"—he said, "Oh, I am well known there; anybody there"we very seldom take such an address—I have been with Mr. Telfer for 17 years—I saw Fenton at the police-office on 7th February—I had seen a good many faces at the shop—I knew I was going to identify a young man who had pledged the watch, if I could—I have been here all the week—I bad some conversation with Knapp in the passage of this Court before he went before the Grand Jury; I did not go—I told Knapp I was prepared to swear to him—I did not tell him go—I must make it clear that Fenton was the man, to protect myself—Mr. Telfer makes good any losses that occur on stolen goods.

Re-examined. The gas was on, and I had a good opportunityy of seeing him—there was nobody else there at the time.

Witnesses for Fenton.

ELIZA FENTON . I am Fenton's sister, and live with my mother at the Old Mill public-house, Woodford—my brother generally helps, and has broken the swivel off the watch in getting out of the cart, and put it in his that my brother came home on Wednesday night, and she would swear to it only she is not able to come tip—he did not come home on Thursday

Re-examined, My mother is too unwell to attend as a witness.

MARY ANN WEBSTER . I am a sister of Fenton's—I live in Leytonstone Road, and am a widow—Fenton has frequently slept at my house—he attends the Whitechapel market—the market days are Tuesday, Wednesday, and Saturday—I saw him about 6 or 7 p.m. on 29th January—he slept at my house that night—he would have to pass my house on going to the Old Mill house on his way to Whitechapel—the Old Mill house would be about two miles farther from the market than my house—he left about 6 a.m. the next morning—I have seen my father's swivel, which the prisoner put in his pocket, which was similar to this—on the night he came to me he had a lot of money, and he brought it out in his hand to pay for my supper beer.

ELIZA FENTON (Re-examined). My brother was away for six or seven months in 1877—he went to America—I don't know that the officers were after him—I did not see Knapp come for him—he went over to see kit uncle—my father wished him to go—I heard some men say in the tap. room that they wanted him—I never heard anything more of it when he came home—he went to get some money my uncle owed my father.

CHARLES FOX . I live at Abridge, about two miles from Chigwell, and am a hay carter—I have known Fenton for some years—I know the Oh: Mill, Woodford—I have met Fenton at the Whitechapel Market—about 6.30 a.m. on 29th January I met Fenton in a coffee shop in Leyton Road, and went to London with him—Harding was with us—on our way to Whitechapel Market we called at Mr. Alfred Green's, in Pearl Street, Bethnal Green, and he joined us—that was a little before 8—we continued in in company until about 2 o'clock—Fenton was in our company the whole time—Green told me it was his birthday—we went into three public-houses to my knowledge, and amongst them the Red Lion in High Street, White chapel—that was about 9—a little before 2 o'clock, when another man was with us, whose name I do not know, Fenton went into a hat shop—he came out before long and joined us—shortly after that Green left us and said he was going home, and I remained in Fenton's company until we got into the Leyton Road, where I left him, he saying he was going to see his sister—it was a very foggy night.

By the COURT. I had not a horse and cart, my brother had—we were not out of each other's company all the time.

ALFRED GREEN . I live in Pearl Street, Spitalfields, and am an iron and bone dealer—January 29th was my birthday—Fenton is in the habit of attending the Whitechapel Hay Market—on 29th January he came to my house a few minutes after 8 a.m.—he had Fox and Harding and another man with him—I took Fenton and the others to the 'bus yard in Bach Church Lane to buy some horses—that was a few minutes before 10—we went into the Red Lion going and coming back—I don't know whether ha parted with any money—I saw him speaking to some one, and I parted company with him a little before 2 o'clock—I purchase hay of him some times—he was talking about buying a hat, and I said "You cannot do better than go to the Hand—in—Hand—we remained outside while he weal in, and except then he was not away from us.

Witness in Reply.

WILLIAM KNAPP (Re-examined), I remember going to the house of Fenton's mother, when there was some charge against him, to we if he was

there—he was in America—when he returned the charge was hot gone into because he absconded, and the prosecutor declined to go into it.

FENTON**— GUILTY .— Eighteen Month's Imprisonment. HARDIING— NOT GUILTY .

Before Mr. Recorder.

1st March 1880
Reference Numbert18800301-288
VerdictGuilty > unknown

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288. ARTHUR ALEY (39) and WILLIAM SUMMERS (18) , Stealing 90 bricks of David Argent, in a barge in a creek. Second Count, for re ceiving the same.

MR. RIBTON Prosecuted.

DAVID ARGENT . I am a builder, at Barking—on 11th February, about in the evening, I left my barge Milly in the creek, leaving about 150 bricks on the deck and 3,000 in the hold—I went back next morning—I saw Aley on a cart coming along—I did not see any bricks in the cart, but after I got down to the barge I made inquiry of the captain of the barge, and missed the bricks which I had left on the deck the previous evening—I traced them up the town, and found where they had been sold—I did not see where the horse and cart came from, but I went to the yard where it came from, because Aley used to be carman for me last year, and I found my bricks in the adjoining yard—I gave information to the police, and the prisoners were apprehended next day—I saw Summers in the town the same day, and said "You have been stealing my bricks"—he said "No, I only picked them up off the shore"—I saw Aley in custody at the station, and charged him—he made no reply—the bricks were shown to me afterwards, and I identified them as my bricks—they were worth is. 6d.—there was no other barge in the creek but mine.

Cross-examined by Summers. When I saw Aley with the cart he was just a little way from where the bricks Were sold—I did not see you—he was riding on the shafts of the cart

CHARLES DAVISON . I am employed by my father, a coal merchant, at Barking—on Thursday morning, 12th February, about 6.40, Summers came and asked me if I would buy a few bricks that he had picked up off shore—I said "No, I do not want them"—about a quarter of an hour afterwards he came again, and said "We have the bricks outside in a cart, will you look at them?"—I went outside and looked at them—there were 90 bricks there in the cart, with the broken ones—Aley was there with the cart; not in it, but at the back of it—I asked what he wanted for them—Aley answered "Two shillings"—I bought them, and paid Aley for them—they were afterwards shown to Mr. Argent, and he identified them.

FREDERICK GODDARD (Policeman K 242). On Thursday, 12th February, in consequence of information, I went to Mr. Davison's yard and saw a quantity of bricks there—I had some conversation with him, and on that same day I saw Summers—I told him he was charged with being concerned with another man not in custody in stealing a quantity of bricks from a barge—he said "I did not steal them, we took them from off the shore"—I brought him round by the town quay, and there saw the mate of the barge—I showed him to him, and then took him to the station—I apprehended Aley about 7 in the evening at his own house—I told him he would be charged with being concerned with another man in custody with stealing a quantity of bricks—he replied "We did not steal them, we took them from off the shore"—I took him to the police-station also

GEORGE MERCER . I am mate of the barge Milly—on Thursday, 12ft February, early in the morning, I was asleep in the barge at Barking Town Quay—I heard a noise that woke me up about 6.15—I turned out, and saw Summers on the deck taking the bricks off the deck and putting them on to the quay—I did not see Aley—there was a horse and cart there, and the bricks were thrown against the cart-wheel—I was under the impression that they had come to finish the unloading, and did not interfere with them—I did not see the bricks put into the cart—after I went into the cabin all the bricks had been taken from the deck—I heard them being put into the cart, and the cart drove away—when I went down the night before there were about half a dozen bricks overboard at the most; there were about 150 on the deck, and they were Mr. Argent's bricks—when I came up again they were all gone from the deck and from the shore, and the cart gone also.

Aley's Defence. We were picking up things that fell overboard. We thought we were doing right; we did not know that we were doing anything wrong.

Summer's Defence. We have done it before; we never took them off the barge. I don't see why we should be taken into custody for it. The people that were unloading the barge could tell you there were no 150 bricks there; their names are Bradshaw and Hope. I picked them off the shore, and threw them on to the deck.

GUILTY .— A Fortnight's Imprisonment each.


Before Robert Malcolm Kerr, Esq.

1st March 1880
Reference Numbert18800301-289
VerdictNot Guilty > unknown

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289. ELLIS ROBERTS (36) , Unlawfully obtaining a cheque for 396l. (0s. 6d. by false pretences.

MR. CLURE Prosecuted; MR. KEMP, Q.C., and MR. DANIELS Defended,

JOEL SMITH . I live at 45, Devonshire Road, Greenwich, and am a slate merchant at Ravenshorne Wharf, Greenwich—the name of our firm is Trenchard and Smith—the prisoner called on me about the 8th November and brought a specification of slates which he said he had to sell—I agreed to give him an order—he asked me to give him an advance of 25(5. oraccount of the cargo—I did not agree to that—I next received this letter—there is no date—it is addressed from Euston at 7.30, and states that the vessel will leave tomorrow—I next received this letter of 17th November with the invoice and the bill of lading—the letter states, "Enclosed I beg to hand you invoice, and enclose bill of lading of cargo of slates shipped for you. The 14in. by 12in. and the 14in. by 10in. could not be discharged, too many slates being on them"—this is the bill of lading, which was also enclosed; it is dated November 17th, and is signed by the master—there is also a specimen of the size and quality of the slates—the latter portion of the letter says that Mr. Anderson will call, and "Please hand bearer cheque; his receipt will be a sufficient discharge"—Mr. Anderson called on the 18th—as Mr. Trenchard, who signs the cheques, was not in, it was arranged that he should call the following day—he did call, and received this cheque for 396l. 6s. 6d.—he brought this letter of 12th November stating, "Please pay bearer the value of the slates; his receipt will be a sufficient discharge to

you"—it was in consequence of the bill of lading and those letters that I paid the cheque—I subsequently received these letters of the 21st, stating that the cargo was insured, and the 25th of November, stating that the vessel would start the next day—receiving no further intelligence, I wrote on 30th December—not receiving any reply, I went to Carnarvon and made inquiries—I found the ship was only partially loaded—I then took out a warrant and had the prisoner arrested.

Cross-examined. I did so without seeing the prisoner or making inquiries of him—I did not see any letter from him explaining that 200l. worth of slates were actually on board—we have not yet received them—we have directed them to come to London, and expect to receive them.

WILLIAM WILLIAMS . I reside at Victoria Terrace, Criccieth, North Wales—I am master of the schooner Snowdon—on 17th November the prisoner agreed to take a cargo of slates to London—I signed an agreement—he said, "I want to have a copy of this, captain, signed by you"—I then signed what I believed to be a copy of the agreement, but which was really the bill of lading produced—no slates were then on board—the loading began on the 24th—the letter of 25th November stating the vessel would sail on the morrow is not true.

Cross-examined. I expected the slates to be loaded earlier—I have been captain six years in the Snowdon and 20 years at sea—I have not seen many charter-parties—I have never had more than three or four cargoes a year—I know that the bill of lading and the charter-party are different documents, but I did not know that I signed a different document—I did not see Mr. Owen Jones present when I signed it—some trucks were there ready to be loaded; I cannot say how many—I was told we must have a quick dispatch—I believed the ship would be loaded in a short time.

Re-examined. When I signed the document I did not know whether the slates came from the Coedmadog Quarry or not.

ALEXANDER BURNES ANDERSON . I live at Worseley House, Liverpool—in July or August last I became acquainted with the prisoner—the result was that I purchased the Coedmadog Quarry from him; the prisoner was to be my manager, and he was to have half an interest—no salary was mentioned—I left the management of the quarry entirely to him-early in November last I was staying at Wood's Somerset Hotel, Drummond Street—I saw the prisoner there—he said he was loading up a vessel to Trenchard and Smith with slates, and he expected to complete the loading shortly—he appeared to be very anxious, and told me he had telegraphed to know if the loading was completed—he gave me this introduction to Trenchard and Smith (The letter of 12th November)—these letters (produced) are signed by the prisoner—the one marked L states that the vessel was waiting the shipment of a few tons to complete invoice and bill of lading, and would be certain to be going off tomorrow, and in the one marked M the prisoner states "I am forwarding invoice and bill of lading to Messrs. Trenchard and Smith, of Greenwich; go there first thing in the morning"—in consequence of that I went on the 18th—I saw Mr. Smith—he told me he could not give me a cheque then—we arranged that I should call next day, and I called about 12 and received a cheque—I cashed it at the Deptford branch of the London and County Bank—I remitted 270l. to the National Provincial Bank to the credit of the clerk of the Coedmadog Slate Quarries—I also paid 80l. for another cheque of the prisoner's, the money for which I received from my solicitor—the rest I retained,

Cross-examined. I went to Trenchard and Smith about 11—I have not seen the letter dated 18th November from the prisoner to me commencing "Supplementing mine of yesterday, the vessel is not loaded as I stated, but as I ordered all the slates down, and there is at the quarry sufficient slates to come down to complete, the loading of the vessel will be completed; all the slates will go in their order, in fact; the captain told me last night that the best part of the cargo was already down, so you can explain this to the merchants to prevent any mistake"—I never explained that to the merchants because I had not seen it—several of my letters went to Liverpool, and I have not seen them till this morning—my clerk having received a notice to produce forwarded them to me.

By the COURT. I left my rooms about 10 on the 18th.

EDWARD PENNY TRENCHARD . I am one of the firm of Trenchard and Smith, of Ravensbourne and Albion Wharves, Greenwich—on 19th No vember I draw this cheque (produced) marked G—I gave it to Mr. Anderson in payment for a cargo of slates—I believed that they were loaded—the invoice was before me and the discount taken off—it is not my habit to pay without the bill of lading—I look upon that as a Bank of England bill.

OWEN JONES On 17th November last I was acting clerk to the Coedmadog Slate Quarry Co.—I received a cheque on the National and Pro vincial Bank for 270l. at Bangor—I got the amount and handed it to the prisoner;

Cross-examined. The whole of the money was spent on wages and other matters connected with the quarry—I copied this letter of 18th November beginning "Supplementing mine of yesterday"—I posted it with the other letters in time for the London post—I was not present when the captain signed the bill of lading—I was going in and out—I did not see it signed—it is my writing—I filled it up in the captain's presence—he was sitting at the same table—I wrote it because the slates were ready for loading; that is done sometimes—there were slates in trucks ready, and I knew there were plenty more in the quarry—I had been there, and I had seen a portion of them, but others were down in the quarry.


Before Mr. Common Sergeant.

1st March 1880
Reference Numbert18800301-290
VerdictNot Guilty > unknown

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290. ISAAC COSTER (58) , Stealing a watch the property of Reuben Hawks.

MR. MILLWOOD Prosecuted.

REUBEN HAWKS . I live at the Steam Packet public-house, Woolwich—in December, 1876, I gave the prisoner a silver watch to repair—he was working as assistant to Mr. Warner, watch maker in Woolwich, and used to do private jobs on his own account—he came to my house a month afterwards—he had then left Woolwich, and had gone to work at Greenwich—he said nothing about my watch—I asked him for it—he said that it was not done, and he would return it as soon as it was done—I saw him next on 20th or 21st February this year at 5, Eton Road, Woolwich—I was there, and asked him if he recognised me—he said "No"—I said "You very soon will, you are aware what I come to see you about"—he said "No"—I said "You remember my giving you a [watch about three years ago to repair"—he said "Oh, yes; I remember now, I sent it back about 18 months ago"—he afterwards said "Two years ago, by a man who was

working with me n—I said "What is his name, and where does he live?" he said "I can't tell you; I will make you another one, but it will take me a month"—I got a constable and gave him in charge for stealing my watch—it cost six guineas 12 months ago.

PATRICK DAVIS (Policeman 84). On 25th February I went with Hawks to 5, Ella Road, Plumstead, and he charged the prisoner with stealing his watch—he said "I did not steal it; I repaired it, and sent it home by a man who was at work for me"—I said "Can you furnish me with the man's name and address?"—he said "I cannot, I believe he has gone to Coventry, and I have lost sight of him for some time"—I believe he mentioned the man's name, but I forget what it was—I took him to the station.

Prisoner's Defence. I did receive this watch from Mr. Hawks. I repaired it. It is nearly three years back. I sent it home by a man named Frank Bonner, who worked with me for six months, and then went to Coventry. I should never have gone to work in Woolwich again if I had known that the prosecutor had not received his watch. I offered to make him another. I sent a bill for 6s. 6d., and the man brought me the 6s. 6d. I asked him who he delivered it to, and he said to somebody behind the bar.


1st March 1880
Reference Numbert18800301-291
VerdictNot Guilty > unknown

Related Material

291. ISAAC COSTER was again indicted for stealing a watch the property of John Edward Thacker.

MR. MILLWOOD Prosecuted.

JOHN EDWARD THACKER . I am a carman, of 27, Church Street, Spitalfields—in September last I gave the prisoner a silver watch to clean in the Alfred's Head public-house, Brushfield. Street—I saw him about a month afterwards in Houndsditch, and said "Have you done my watch?"—he said "No, I will get it done as soon as I can"—I saw him again in Bevis Marks about five weeks afterwards, and said "Have you done my watch?"—he said no, but he would bring it round next day to the public where I was working, but he did not, and I did not see him again till he was at the police-court—the watch has never been returned to me—it was worth 25s. at least—I know the prisoner by his being at the Alfred's Head on Saturday evenings—I did not know his address.

Cross-examined by the Prisoner. I do not remember your telling me that the watch was past repairing—I remember telling you to get it together as I was in need of it—I do not remember your telling me you had a very nice watch and could take mine in exchange—you gave me a ticket and I went and looked at a watch and changed the ticket into my name—you did not say that you were compelled to pawn the watch for 1?., and that I should have the ticket for 12s. 6d.—the price you fixed for the ticket was 4s.—I did not offer you 3s. or is. for the ticket and my old watch—my watch was not mentioned; they were separate transactions altogether—I took the watch out and paid 1l. 0s. 10d. for it

PATRICK DAVIS (Policeman R 84). On 26th February I saw the prisoner in a cell at Woolwich police-station, and told him he would be charged with stealing a watch—he said, "It is all right, the watch is all to pieces; when I get out of trouble I will return it to the man."

Prisoner's Defence. The prosecutor gave me a watch to repair; I examined it and found there was no go in it, and I told him the test thing would be to get it together and pledge it or Bell it I purchased the ticket

of a first-rate watch which I thought would suit him, and offered to take his watch in exchange and sell him the duplicate for 12s. 6d., which would give me 2s. 6d. profit. I did not see him for three or four weeks, and he said if I would take 4s. and his watch he would give it to me, but he would not do so then. I afterwards met him in Bevis Marks and asked him to give me half-a-crown off the 4s.—I retained the watch, as 10s. and 4s. would make 14s. I put it together, but could not sell it, and was compelled to pledge it for 10s. I have got the 30s. back, for what I sold him for 30s. it is worth 50s., and I consider that the old watch belongs to me for the 4s. which I have not had.


1st March 1880
Reference Numbert18800301-292
VerdictNot Guilty > unknown

Related Material

292. JOHN JONES (50) , Stealing a gelding and harness and a cart of Charles Pettit.

MR. WILMOT Prosecuted; MR. WAITE Defended.

CHARLES PETTIT . I am a builder, of 2, Addington Terrace, Brockley Road, Forest Hill—on the evening of 14th February I left my horse and trap outside the Bricklayers' Arms, Sydenham—I came out five minutes afterwards and they were gone—I did not leave them in the prisoner's charge—I do not know him and never saw him till he was in custody.

WILLIAM BUSHELL (Policeman P 265). On 14th February, about 8 p.m., I was on duty in Lordship Lane, Dulwich, and saw the prisoner driving a horse and cart—a man named Adams was in the cart with him—he was driving very rapidly, as if he was drunk, so I followed him to the Cherry Tree, where he was putting a nose bag on the horse—I said, "You are in charge of this horse and cart?"—he said, "No, the other man is; he has gone in to get some beer"—Adams came out, and I said to him in the prisoner's presence, "Are you in charge of this horse and cart?"—he said, "No, this man is," pointing to the prisoner—I said to Jones, "I shall take you in custody for being drunk, as I consider you have charge of the hone and cart as you were driving"—the other man went away, and I took the prisoner and the horse and cart to the station—on the way the prisoner threw away some papers, which a boy picked up and gave to me.

Cross-examined. I took the prisoner in custody because he was drunk—Adams was quite sober, and I believed his statement—I had no suspicion that a robbery had been committed.

ISAAC ADAMS . I am a labourer, of Forest Hill—I was outside the Bricklayers' Arms, and saw Pettit go in, leaving his horse and cart outside—I went in and had some drink, and when I came out I saw the prisoner by the house's side—he said "The horse is cold; I am going to give him a run up the road to warm him; Charley won't be able to go for some time," that is Pettit, "do you mind having a ride with us?"—I said "I don't mind"—he said "Jump up"—I said "Wait a minute, I will ask my wife and come back in a few minutes"—I did so, and then jumped up and drove with him from Forest Hill Station to the Grove Tavern, and then said "Turn round, Pettit will wonder where you are"—we were then three-quarters of a mile from where we started from—he did not go back—he said "Now I will go as far as the Grove Tavern—we passed the Grove, and I asked him to turn back, as he would get into trouble—we did not stop at the Grove—he said "We will drive as far as the Plough now"—we did so, and had a pint of ale there—that was two miles from where we started—he said "We will turn to Forest Hill again now," but instead of

doing so he went straight ahead—I said "We are not going to Forest Hill, we are going away from it"—he said "I shall drive as far as the Cherry Tree now I am here"—that is quite half a mile from the Plough—we went to the Cherry Tree and fetched a pint of ale out, and two constables walked up and asked me if I was in charge of the horse and cart; I said "No"—the prisoner had the reins all the time—he appeared to have had some beer, but I do not think he was drunk—I did not feel unsafe through his driving.

Cross-examined. He was a stranger to me—I had no idea that anything was wrong—I did not think he was drunk—he did not drive fast—he might have been a little the worse for beer—he sat in the cart all right—I did not know whether he belonged to Pettit—I left my wife in the public-house.



Before Mr. Common Sergeant.

1st March 1880
Reference Numbert18800301-293
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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293. JAMES WILSON (38) PLEADED GUILTY *** to uttering countorfeit coin, after a conviction of a like offence in August, 1873.— Seven Years' Penal Servitude. And

1st March 1880
Reference Numbert18800301-294
VerdictGuilty > pleaded guilty

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294. GEORGE DAVIS (20) to two indictments for unlawfully uttering and possessing counterfeit coin.— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]

1st March 1880
Reference Numbert18800301-295
VerdictNot Guilty > unknown

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295. JAMES BRITT (18) , Burglariously breaking and entering the dwelling-house of Leonard Goatley, and stealing a coat, a cloak, and a. handkerchief, his property.

MR. HORACE ATORY Prosecuted; MR. PURCELL Defended.

LEONARD GOATLEY . I am a greengrocer, of 79, East Street, Walworth—on 2nd January, about 11.50, I went to bed—the house was quite safe; the shop shutters were up and fastened with an iron bar outside—I came down about 5.30 a.m. and found the street door and parlour door open—I missed a coat and a waterproof, with a handkerchief in the pocket, from the parlour—the shutter—bar had been taken down and was put down the passage—on 16th February Blakey showed me this handkerchief (produced)—it is the one I lost.

WILLIAM BLAKEY (Policeman P 75). I received this handkerchief from William Perren on 16th February, at his house.

WILLIAM PERREN . I am a stonemason, of 7, Albert Place, Walworth—I met the prisoner on Sunday night at the Bell public-house, East Street, Walworth—I have only seen him twice—he pulled this handkerchief out of his pocket and said that he was going to tear it up—I said, "Don't tear it up; give it to me," and he did so, and said, "I broke into a greengrocer's shop in East Lane, I took down the bar and the shutters, and got in and opened the door; I put the shutter up and went in and fastened myself in, and I took a coat and a waterproof, and 6s. 6d. and the handkerchief was in the coat pocket"—he said that he tore the coat and waterproof up and sold them in a rag-shop as they were no good to pawn—I gave information about two days afterwards to two detectives, and afterwards Blakey came to me and I gave him the handkerchief—that was about a month after the conversation in the public-house.

Cross-examined. I gave information to Sergeant Welsh and Sergeant Darley on the second night after I received the handkerchief, and the

officer did not come to me till three weeks afterwards—although I had only seen the prisoner twice, I mean to say that he told me he had com mitted a burglary—my wife was present.

ELIZABETH PERREN . I am the wife of the last witness—I was with him at the Bell public-house on a Sunday night; the prisoner was there when we went in, and he came over to my husband and pulled this handkerchief out of his inside coat-pocket, and said, "I am going to tear this up"—my husband said, "Don't tear it up; give it to me"—he said, "I have broke into a greengrocer's in East Lane, and I took the bar down and the shutter, and got into the shop and opened the door and came oat and put the shutter up and went in and shut myself in, and I took a waistcoat and a waterproof, and 6s. 6d. in copper and this handkerchief, and tore the coat and waterproof and sold them in a rag-shop"—a constable came about three weeks afterwards and fetched the handkerchief.

Cross-examined. I did not tell the Magistrate a word of what I have told you to-day—I was not asked to—I was not with my husband when he informed the two detectives—I have known the prisoner ever since Christmas—he was a comparative stranger to my husband, but not to me.

Re-examined. I was called at the police-court to give evidence about some pawn-tickets, which the prisoner said he had stolen from his; father.

By the JURY. About six weeks before he was apprehended he knocked at our door about 2 a.m., I went down and opened the door, and he asked me if I would let him lie on my floor that night, because his father turned him out—he slept in my living-room—I saw him again twice that day, and told him that his father had been, and said that he had robbed him of a pair of boots and is. worth of farthings—he said that it Was falae—I afterwards found four pawn-tickets wrapped in newspaper behind a bird-shade in the room where he had slept which were not there before—his father told me where to find them, and I gave them to him after opening them.

HENRY DUNN (Policeman P 464). I took the prisoner on 19th February in the street, and told him he would be charged with a burglary at greengrocer's—he said that he knew nothing about it.

The Prisoner's Statement before the Magistrate. "This burglary, which he speaks of, I did not do. I have robbed my father, and he has encou raged me round his place, and has asked me if I had no money. I said, 'No.' He said, 'You should go and do what I used to do, go snatching things at shop doors,' and he told me to go to father and get something, and he would give me a lodging, and I took a handkerchief and boots and things. His wife pawned them and he took the tickets. Next morning my father came round to know if I was there, and he told my father I was not. I asked him for the pawn-tickets, and he would not give them to me, and I went and told father, and he came for them."

WILLIAM PERREN (Re-examined by MR. PURCELL). It is quite false that I have asked the prisoner to go out thieving—I have not told him that if he had not got any money he should do as I did, snatch things from the shops—I have never snatched anything from a shop—I never told him to go to his father and get something and I would give him a lodging—I did not know his father—I did not hear his father say at the police-court that he always bore a good character till he knew me: he

could not, because he did not know me—I believe some pawn-tickets belonging to his father were found at my house, but I knew nothing about them.

Re-examined. There is no foundation for the statement that I have induced the prisoner to rob his father and to steal.


1st March 1880
Reference Numbert18800301-296
VerdictGuilty > unknown
SentenceImprisonment; Imprisonment > penal servitude

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296. TIMOTHY BUCKLEY (21), JOHN BRYAN (18), and JOSEPH KINNARD (17) , Bobbery on Edward Norman, and stealing a knife, a key, and 1s. 2d. his property.

MR. CARTER Prosecuted.

EDWARD NORMAN . I am foreman at the Old Hibernia Wharf—on Saturday evening, 7th February, I was coming over London Bridge from the Elephant and Castle Station, at 11.45—when I was opposite Hibernia Chambers I was suddenly seized from behind by three men—they nearly choked me—one put his hand in my right-hand pocket, and took all I had there—I had on this coat, buttoned up—there was plenty of light—I sang out "Police"—I saw Buckley and Bryan, and I believe Kinnard was the third man, but he had a lighht coat on—I had in my pocket 8d. in coppers, 6d. in silver, a latch-key, and a knife just before I was attacked, which I missed directly after—I saw Grimley run across the road—I went with him to the railway station and gave information there, and went and found Bryan coming towards St. George's Church in the Borough—he was taken into custody—about 20 minutes afterwards we saw Buckley in the same locality—I identified him, and he was taken—on February 15th I went to identify Kinnard—I said I bettered he was the man.

Cross-examined by Bryan—I cannot say who was with you when you were arrested, there, were several people about.

JAMBS GRIMLEY . I am a watchman of Ernest Street, Greenwich Road—on 7th February, about 2.45, I was on London Bridge—I heard cries of "Police" three times—I saw some men running—I crossed the road—Norman spoke to me and we both, went after the men—we met them coming towards the bridge—I caught bold of Kinnard—he twisted out of my hand, and all three ran away—I am quite sure Kinnard is the man I caught—I identified him at the station on the 15th—I cannot positively swear to Buckley.

ARTHUR MAY (Policeman M 280). The prosecutor complained to me on 7th February at the police-court—I accompanied him and Grimley and saw Bryan in High Street, Borough—Woman identified him at once and charged him—he said, "I know nothing about it"—I took him in custody—Srimley identified him—I next saw Buckley in High Street going towards St. George's Road—Norman, at once identified him—I took him in custody—he said, "I know nothing about it."

Cross-examined by Buckley. You did not tell me you had just left your shoeblack box.

Cross-examined by Bryan You did not say "I know no more than you about it" when I took you.

JAMES WALSH (Detective Sergent). I received information of a robbery and went in search of Kinnard—I arrested him on Sunday, 15th February, at 19, Mint Street, in the first floor front room—I charged him with being concerned with, two others in a robbery on London Bridge—he said he knew nothing about it—he was taken to the station; Grimley

was sent for, and Kinnard was placed with about eight other boys about his own size, when Grimley at once said, "I believe him to be the man."

Cross-examined by Kinnard. I had not seen you before on the night I arrested you.

Buckley, in his defence, said that he was engaged with a shoeblack's box when he was taken, but that he was innocent of the robbery.

Bryan's Defence. I was taken into custody while walking in the Borough, but I know nothing about it.

Kinnard's Defence. I sell whelks and mussels, I was identified through, being the most ragged person present, but I know nothing of the robbery.

GUILTY . BUCKLEY†— Eighteen Month' Imprisonment BRYAN† and KINNARD†— Five Years' Penal Servitude each.

1st March 1880
Reference Numbert18800301-297
VerdictGuilty > pleaded guilty; Not Guilty > no evidence
SentenceImprisonment > penal servitude

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297 SYDNEY FRY (21) and CHARLES FRY (78), Breaking and entering the dwelling-house of James Gibbon, and stealing six coats and other articles, his property, to which SYDNEY FRY PLEADED GUILTY . Me also PLEADED GUILTY** to a conviction in October, 1878, at Wells.— Five Tears' Penal Servitude . >MR. STEWART WHITE, for the Prosecution, offered no evidence against CHARLES FRY.— NOT GUILTY .

1st March 1880
Reference Numbert18800301-298
VerdictGuilty > pleaded guilty; Not Guilty > unknown

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298. SYDNEY FRY was again indicted, with ALFRED EYRES , for breaking and entering the shop of William Collins and stealing 74 planes and other tools, his property, to which FRY PLEADED GUILTY . (See last case.)

MR. STEWARD WHITE Prosecuted; MR. PURCELL defended Eyres.

WILLIAM COLLINS . I am a cabinet-maker, and have a workshop in Angrave Street, Haggerston Road—Fry was in my employ two years ago for about 18 months—he worked with his father as a cabinet-maker—on 22nd January my attention was called to the shop having been broken open, and tools taken away worth about 40l. or 50l., also a clock, a cupboard, and a toilet-glass, some tool-baskets, 10 aprons, and a coster-monger's barrow—some of the tools belonged to the men—this clock and cupboard are mine—they were safe on my premises the night previous—I had given no authority for any one to take them.

WILLIAM CHAMBERLAIN (Police Inspector L). On 6th February I went to Eyre's residence, 49, Regency Square, Kennington Lane—I saw him and his sister together—I said, "Do you know Sydney Hawkins?" meaning Fry—he said, "Yes"—I said, "Has he given you anything to take care of, or have you removed anything from him?"—he said, "Yes, I assisted him with a box to the Railway Booking Office, Elephant and Castle, yesterday; I did not know where it was going to"—he then pointed to the pedestal cupboard, or box, produced, which was lying in the back kitchen, where we were standing, and he said, "This box was brought by Hawkins"—I said, "Have you anything else that he has left with you for he has committed a robbery not many doors from here, and taken a large quantity of things"—he said, "No, I have nothing"—on the 10th I went and saw Eyres again, with Sergeant George; I said, "Fry is in custody; he has made a statement that you have got a clock, a hammer, and some squares, at your shop in Warwick Street, Blackfriars Road"—he said, "Yes, there if an old clock there, but there is

nothing else"—I said, "Are you sure you have nothing else?"—he said, "No;" he was then taken to the station by Barton, where he saw Fry, in whose presence I repeated the statement about the hammer—I then went to the shop, 49, Warwick Street, where I found the clock hanging up in a little back shop—I took it to the station, showed it to him, and said, "I have brought the clock, but I do not see any other article—he said, "I do not know where they are: I remember now there was a hammer, he gave me a hammer"—I said, "I have been informed that all the tools were taken into your shop the night they were taken away in a waggon from Eyres' shop"—on the next day I made a list of the tools that were stolen—some of the planes have been given up to the workmen by the Magistrate's order—I showed this letter to Eyres—he said, "I received it from Hawkins," meaning Fry; "Eyres gave it to Gibbons, and Gibbons to me, and I showed it again to Eyres. (This was dated February 7th, 1880, and stated: "I have no doubt you have heard of my disgrace before now. I have no doubt that b—girl was the cause," etc. "You know nothing. Keep it dark.")

Cross-examined by MR. PURCELL. I have had no other letters except one handed to me by the Magistrate, which Fry had addressed to him, and which he said it would be as well to let the Judge see.

HENRY GEORGE (Police Sergeant L.). On 6th February I had this inquiry placed in my hands—I traced this box to Bridgwater—when bringing Fry from Bridgwater he mentioned a letter—I had received a letter from Eyres on Monday, the 9th, before I went to Bridgwater—in it Fry asks Eyres to keep it dark—Eyres gave me every information voluntarily—he showed me that letter, and I kept it—on Friday, the 6th, I saw Eyres at 46, Regency Square—he told me he had assisted a man named Hawkins to the Elephant and Castle booking-office with a box, which was going to Liverpool.

FREDERICK BARTON (Detective L.). I have heard Chamberlain's evidence, and corroborate it as to the conversations with Eyres on two occasions.

ALFRED WALDEN . I am employed by Mr. Collins at Haggerston—my attention was called to a robbery committed on the 22nd January, and I missed some tools—these three planes are mine, and I have seen this other plane in the workshop; it belongs to one of the men—I could not swear to it.


1st March 1880
Reference Numbert18800301-299
VerdictGuilty > unknown; Not Guilty > unknown

Related Material

299. ARTHUR PUGH (28), ARTHUR DELMAR (34), and FREDERICK POPE (40) , Feloniously forging and uttering an order for the payment of 5l. 12s. 6d. with intent to defraud.

MESSRS. POLAND, MONTAGU WILLIAMS, and MEAD Prosecuted; MR. GRAIN defended Pugh, MR. FULTON defended Delmar, MESSRS. THORNE COLE and WAITE defended Pope.

HENRY MARSHALL (Police Inspector). On 6th January I received a warrant from Westminster Police-court, and on the morning of the 8th, in company with Sergeant Mosely, I saw Arthur Pugh in Great College Street, Camden Town—I said "I hold a warrant for a man named Pugh, and I believe you to be the person"—he said, "Yes, that is my name ".—I said, "It is for obtaining money by means of a fictitious cheque, from Mr. Hudson) a butcher in the Wilton Road, at the time you lived at 26,

Gillingham Street"—he said, "Mr. Hudson was my butcher, I gave him the cheque; before I say any more show me your authority"—I read the warrant to him; he said "Yes, that is the one, now I should like to see this cheque"—(This was dated 20th September, 1879; for 5l. 12s. 6d. drawn by H. A. William, payable to self or bearer, on the Provincial Bunk, Edgware Road, and stamped S. E. Hudson)—he said, "That is the cheque, I received it from a man"—I said, "There will be another charge against you, for uttering a cheque to Mrs. Probart, your landlady at 26, Gillingham Street that cheque has been cashed by Mr. Mason, a baker of the Wilton Road"—he said, "That I got also from a man"—I said, "There will be another charge against you, for obtaining money from a Mr. Pattison, a tailor, by means of a fictitious cheque"—he said, "That cheque I got from the Honourable J. Colburn at the time I was in his service at secretary to the Field Club"—I took him to Praed Street Police Station—the inspector there asked him his name and address—he said, "My name is Arthur Pugh, but I decline to give any address, unless compelled to do so"—I knew his address—as I took him to the police-court in a cab he said, "The fact of it is I got those cheques froma man named Delmar, who is out of the way, and I suppose I shall have to bear the brunt of the lot"—I went to 28, Great College Street, Camden Town, where Pugh was living with his wife in the name of Burridge—I there found a tin box, and amongst other papers I found a blank cheque No. M 371ft, on the Provincial Banking Corporation, Edgware Road, dated the 1st January—I saw Pope at 4, Broad Street Buildings, where he was manager of a National Credit Company—I told him who I was and said, "I am inquiring about some cheques that have been uttered and money obtained upon them; I find the book was issued to you in 1870; I have one in my possession supposed to be drawn by you; I want to inquire how these cheques left your possession"—he said, "Well, Mr. Marshall, it is no use trying to deceive you; the cheque you have in your possession, dated 17th June, 1879, was drawn by me, and I gave it to Collier to utter; he had 3l. of the money and I had 5l. Of course I knew there was nothing at the bank to meet it, my account having closed in 1870"—he then said, "I heard that Inspector Andrews had been inquiring about these cheques, and I gave Collier 51. to go and square Field"—Field was the man who cashed the cheque—he said, "As regards the book, Herbert Pugh has been in my employ as a clerk, his' brother Arthur has constantly visited him, and I believe one or the other stole the cheque-book; cannot I arrange the matter with you to destroy Field's cheque-book? come out and have a glass of wine"—I said, "No; it is just as well that people should not see us together"—I then said, "Shall I take down your statement?"—he said, "I will write ft down if you like," and he wrote down this statement, and said, "You can call me as a witness, and I can say what I have written down." (Read: "Frederick Pope, 4, Broad Street Buildings, London. I had a cheque-book of the London and Provincial Bank, Limited, in a drawer in my office. The book had been issued to me in 1870, when I had an account at the bank; it was disused when the account was closed in the latter part of 1870. It remained amongst my old papers until June of this year, when I brought it to my office here. I missed it from the drawer in which I had placed it in the beginning of November last year, when I heard that Mr. Anderson had been to Abchurch Lane to search a

box of old papers of mine. In the meantime I had in my employ a boy named Herbert Push, a brother of Arthur Pugh, who used to come to my office to see Herbert Pugh. Pugh had access to my drawers. My supposition is that he took, or allowed his brother Arthur to take, the book") I said, "Have you any more of these cheques left?"—he said, "No, I have not"—on 16th January I read the warrant to him, and he was taken into custody—he then said, "Mr. Marshall, you have deceived me; I was fearful whether I should attend or not; I lay last night and considered whether I should bolt to Paris: had I not placed the fullest confidence in you, you would not have had me in this country"—on being charged he said he could only repeat what he said previously, that he drew the cheque and gave it to Collier—I went next day to the National Credit Co.'s offices—I found the desk had been broken open—I found this cheque for 5l. (No. 3710, dated June 28th 1879, payable to Thomas Cottier or bearer and stoned Frederick Pope)—this cheque marked "F" was also handed to me—I also found a cheque marked "G" on the Midland Banking Co. for 5l. (dated May 21, 1879, payable to J. O. Collier, endorsed Thomas P. Collier, and marked "Refer to drawer"), also some letters from Field to Collier, and from Collier to Pope—on the 15th January I received a warrant for Delmar's apprehension—after about ten days I found him on a Saturday night at Eardley Crescent, Earl's Court—I said "I am Inspector Marshall, and hold a warrant for a man named Delmar, I believe you to be the person"—he said "Yes, my name is Delmar"—I put him in a cab—on the way to the station he said "What are the specific charges against me?"—I said "I cannot tell you all, but will recite what comes to my mind; you will be charged with obtaining money from Mr. Paul, of the Royal Exchange, by means of a fictitious cheque"—he said "Is it forgery, is forgery laid against me?"—I said "No, I cannot say that, though I have every reason to believe that you signed some of these cheques; you will also be charged with obtaining money from a lady in Dalston Lane by means of a fictitious cheque"—he said "Yes, I gave those cheques to the parties; I got that cheque from Arthur Pugh—I then said "There will be another charge against you for obtaining furniture from Mr. Morley, of the Strand"—he said "Well, that cheque I got from old Pugh at his lodgings"—I also found at Demur's lodgings the three papers produced marked "J" (Read:"I will with pleasure do my very best for you if you give me the means of doing it. Yours, Hare."—"Dear Colbourne,—Will you kindly sign the enclosed; I faithfully promise to remit your share, less the amount you owe me, Please pay Mr. A. Delmar or his order cheque for £3 17s. 4d. on my account' ")—the warrants were read to him—he said "I do not see how you can charge me with conspiracy with Pope; I have never been into his office but once, and that was with Arthur Pugh; I have gone to the office on other occasions, but I have waited outside while Arthur Pugh went in"—he also said "This is a bad job for me; I have been dragged into it by Colbourne, who has introduced me to the Pughs"—I also round in Pope's desk a number of cheques on the London Trading Bank, also these three letters. (Read: "99, Commercial Road, Peckham. I fully expected to receive cash as promised; I really do not intend to remain idle any longer; I shall take proceedings at once; I do not care to be played with. Yours, George Field."—" Bought of George Field, family grocer and cheesemonger.—Mr. Collier, please give bearer

full directions to Pope's residence, as I mean to prosecute him for obtaining money by means of false cheques; of this I am determined, and I mean to identify him as the man who gave you the cheque. Yours truly, George Field."—"Dear Mr. Collier,—I think I have waited very patiently for my money, as I have been without 10l. till today through obliging you by changing that cheque; of course I look to you, as endorsing it at the back makes you liable for the amount. I am sorry to do it, but shall put it in the hands of the police if the money is not forthcoming; and when once I do they will not allow me to draw back All I want is my money, and you can hare the worthless piece of paper back.—Yours truly, George Field.")

Cross-examined by MR. GRAIN. I do not remember finding any paly-bills, but there were a lot of papers—I took them to Scotland Yard—many of them do not relate to this charge—previous to Pugh's arrest I had been to Burridge's house making inquiries—I have a warrant against James Pugh, but cannot find him—I have heard that Pugh hat been employed by the South Eastern Railway Company—James Pugh is the father of Arthur Pugh—James has been in trouble—Pugh did not tell me that was the reason he was taking the name of Burridge—the Provincial Bank Corporation still exists under the name of the London and Provincial Banking Company—Mosely told me Pugh told him of the other blank cheque, which was in a tin box.

Cross-examined by MR. WAITS. Inspector Andrews first took up the investigation—I did not give Pope any warning than what he said might be used against him—I went to inquire how the cheques left his possession—I did not suggest that he should be a witness—I pumped all I could out of him, and summoned him as a witness because I had an idea that he would abscond—he did not offer to show me the cheques which he had—the first day I went was 1st January—I said that it would not do for us to be seen together because it occurred to me that he would probably be taken in custody when the matter came before the Treasury, and that it was not right that I should be seen drinking with a man who would hereafter be my prisoner—I intended him to think we were working together, in order to keep him—he did not say that he did not like the disgrace of the affair, and therefore he should go to Paris, or that it would ruin him to be charged with such a thing—among the cheques found there were 17 on the Trades Bank—he told me the first time I went that he believed the cheque-book had been stolen by Herbert or Arthur Pugh.

Re-examined. Pugh did not tell me that he had passed by the name of Bendigo; I found that out and many other aliases.

HERBERT EDWARD HUDSON . I am a butcher, of 58, Wilton Road, Pimlico—I knew Arthur Pugh as a customer, and in September, 1879, he owed me 10s. 10d. for meat—he gave me a cheque for 5l. 12s. 6d., dated 20th September—I gave him 3l. 1s. 8d. change, and 21. later on in the afternoon to make up the amount—I paid it into my bank, and it was returned marked "No account; not known"—I did not see him again, and have never been paid.

Re-examined by MR. GRAIN. My cashier handed him the money—he did not have the 2l. the next day—a cheque for 100l. was changed with me by Sir William Russell, but it was not his cheque—I am prosecuting him for the amount, as it was of no value—I am not charging him with

passing a forged cheque on me but with obtaining the money under false pretences—I gave information to Sergeant Andrews, who came to me—I do not know Mrs. Pugh.

JOHN MAY . I am manager to Thomas Hastings, a hatter of Lombard Street-Pugh ordered a guinea hat of me on 20th August, and on Saturday, the 28rd, he tendered this cheque for 3l. 10s. dated 26th August—I gave him 2l. 10s. (This was in favour of A. Pugh, on the Protinaal Bank, for 3l. 10s., dated 26th August, signed A. H. William, and endorsed A. Pugh)—I received this letter on the Monday. (This was signed A. Pugh, Hitches Court, Lime Street, stating that he forgot to draw the unhurt attention to the cheque being dated on the 26th, and that he would call and pay cash on Tuesday)—I held it over—he did not call, and I called on him at Mr. Morris's, Hitches Court, on "Wednesday, the 27th, and said, "I must get you to settle this cheque and give me the cash for it as Mr. Hastings is in town, and I am afraid of getting into trouble about it, and he will not treat it so lightly as I do"—he said, "I will call ground and give you the cash"—he had told me that he received it from a friend—I then received this letter: "28th Aug. Dear Sir,—Mr. Morris did not come to town today or I should have called on you as I promised. I will call on you at five tomorrow. Yours truly, A. Pugh"—he called on the Saturday and paid me 2l., and I subsequently reeceived 1l. from his father, for which I gave a receipt—I have never received the other 10s. or the guinea for the hat; besides which, he had an umbrella—I gave the cheque to the police; a pawnbroker has the umbrella.

Cross-examined by MR. GRAIN. I have received 3l. back—he put these receipts on the back of the cheque in my presence.

ANNIE HARRISSON . I am a widow—about the 4th August Delmar came to lodge at my house in Dalston Lane—he remained about three weeks—Pugh visited him, and went by the name of Price—Delmar owed me 16s. 6d., and gave me a cheque for 5l. 10s., drawn on a similar form to that, and signed A. H. Williams, on the Provincial Bank, Edgware Road Branch—I gave him 4l. 13s. 6d. change—I paid it away to Mr. Hill, who returned it to me with "No account" written in the corner—Delmar left the same evening, and on the Monday Arthur Pugh called, having sent a telegram in the morning to say that he would call—Pugh said, "My friend has been deceived in the cheque, and I will pay you 3l. on account," which he did, and asked me for the cheque, but I refused to give it up till the balance was paid—Delmar left a portmanteau behind him, saying that be was going into the country for a few days—it has not been called for—in the December following I received a letter from Mr. Hare, a solicitor—I went to his office in Old Broad Street—he paid me 2l. 13s. 4d., the balance due to me, and I gave him the receipt—Pugh only called once before I cashed the cheque—I knew him as Price—letters came for "Mr. Price, care of Mr. Delmar."

Cross-examined by MR. GRAN. Pugh said that he would be responsible to me for the balance, and I received the whole of it from his solicitor.

Cross-examined by MR. FULTON. Delmar did not state that Pugh desired letters to be taken in for a person named Price.

GODDEN STYLES HARE . I am a solicitor, of 2, Princes Court, Old Broad Street—I am defending Delmar—he was a client of mine before this—I paid Mrs. Harrisson 2l. 13s. 4d., and received back a cheque

similar to this produced, and handed it to Delmar with the receipt—I took up two other cheques before the prosecution was thought of, but I cannot say on what banks—they were not drawn by Delmar—one was drawn by his brother on his own bank, and marked "N. S.," and the other on some one whose name I had never seen before—Delmar gave me the money to take them up—he gave me a large sum to settle hit liabilities, but there were no more cheques.

Cross-examined by MR. FULTON. I met Delmar in January last year, and asked him how he was getting on—he said pretty well, but he had been taken in by two or three cheques, and had been disappointed in some money matters, and scarcely knew what to do—I said, "If you like to see me, I will see what I can do for you"—he sent me a messaga in November, when I was very busy, and I sent him this reply, "I will with pleasure do my best for you"—I had an interview with him about 10th or 12th December, and received from his Mends a sum of money—he said, "I have heard among other people an unfortunate landlady has had a cheque returned to her; as she is a poor woman, see to her first"—I wrote to her—she came to my office and presented her claim, and I paid it—the document about Mr. Colburn is in my writing—he is Mr. J.S. Colburn, of Brighton, with whom Mr. Delmar has conducted some extensive transactions—he has nothing to do with the Colburn mentioned in this case; he is the Hon. James Colburn—I pledge my oath that this refers to him, and has nothing to do with these cheques—there were no other cheques signed H. S. Williams which I was instructed to settle except Paul's

Re-examined. I fancy the cheques were payable to bearer only, not to somebody or bearer—Delmar said that he had been duped with Harrisson's cheque and Paul's cheque, which were drawn by Williams—the others were his brother's cheques—I also took two of his brother's cheques for him simply because it was a debt on which he was liable—he had paid them to tradesmen—if he had told me he wanted to get back cheques which were forgeries, I would not have had anything to do with it—he represented it to me as an innocent transaction, and I cross-examined him about it.

HENRY WILLIAM PAUL . I live at 93, High Street, Putney, and am an underwriter, and manager of the Paris Marine Insurance Company—I have known Delmar five or six years, and from time to time have made small loans to him in a friendly way—on 1st August he owed me 50s., and brought me this cheque for 5l. 10s. (On the Provincial Banking Compaq, Limited, Edgware Road Branch. M. 3710 for 5l. 10s.; payable to self or bearer. A. H. Williams, and marked "No account")—I gave him 3l. change and arranged to hold it till 27 August, and I held till 17 September—I then paid it into my bank, and it was returned on the 19th, marked "No account"—it has never been paid.

Cross-examined. He gave me his address, 1, Stiles Court, Shepherd's Well, as I had forgotten it—if he had asked me to lend him 2l. or 3l. 1 think I should have done so—I do not think he had any intention of defrauding me when he gave me the cheque, nor do I think so now, viewed by itself; but Mr. Hare came to me and offered me the 3l. balance, and I said that I had rather not take it.

JAMES WILLIAM BAREFOOT . I am cashier at the London and Provincial Bank, Edgware Road, which was formerly the Provincial Banking

Corporation, Limited—in April, 1870, the prisoner Pope opened an account there, and was supplied with 48 cheques marked M. 3710—we have no account in the name of A. H., or A. W. Williams—the cheque of Mrs. Hudson was presented and refused—17 cheques were paid and the account was closed on 27th May, 1870, after being open a month, leaving 1s. 1d. balance.

Cross-examined by MR. GRAIN. There is no clerk there now who was there in 1870—I have examined the books and produce a copy of them.

Cross-examined by MR. COLE. I know of no notice being sent to Mr. Pope that his account was closed.

MARK MOSER (Police Sergeant). I was speaking to Pugh at the police-court, and he said, "The cheque that Marshall has I received from Delmar, he also gave me a blank cheque and told me to fill it up any time I wished to do so; you will find that blank cheque in the box," pointing to a box which was standing there, and the cheque was found in it—on the day Pope was taken, he said to me, "If I had known that Marshall was going to apprehend me I should have been off to Paris; I had placed my entire confidence in him."

Cross-examined by MR. COLE. Pugh was arrested first, and then Pope, who was brought down by Marshall to give evidence in the case of Pugh, and he was arrested while he was waiting to give evidence—he had written a statement out—Collier was taken afterwards and Delmar last—I was present when Pope was taken, and saw him hand the key of his desk to Marshall, saying, "You will find all my papers in that desk."—he wanted it back afterwards—I do not know that the prisoners were not charged with forgery at the police-court, I was not there at the time of their committal, nor that Mr. D'Eyncourt refused to commit them for conspiracy.

Re-examined. I was present when this bundle of letters was taken out of the desk. (These were 32 letters from Collier to Pope, but Delmar's name was not mentioned in them),

GEORGE FIELD . I am a grocer, of 99, Commercial Road, Peckham—I know Collier, he owed me about 5l., and on 7th June he gave me this cheque for 10l., payable to Thomas Collier at the London and Provincial Bank—I gave him 5l. and some change, and later on in the day I gave him 2l. more—his boy was working for me, and I received a communication from him, and wrote a letter to him—I subsequently received two payments of 2l. 10s. each from the boy; that left a balance of 7l.—he is still 12l. in my debt.

Cross-examined by MR. COLE. Collier and his family had dealt with me for some years—5l. of this cheque was for the account owing to me—I received 5l. back again from Collier's son—it was about August that I received the two sums of 2l. 10s. each—I never saw Pope—I paid the cheque into my bankers on Saturday the 28th, and on the Monday morn—ing I received a letter from Collier asking me to hold over the cheque for a week—that letter came before the time that I usually pay my money into the bank.


1st March 1880
Reference Numbert18800301-300
VerdictNot Guilty > no evidence; Guilty > lesser offence; Not Guilty > unknown
SentenceImprisonment; Imprisonment

Related Material

300. ARTHUR DELMAR , ARTHUR PUGH , and FREDERICKPOPE were again indicted for feloniously forging and uttering an order for the payment of 6l. 6s. with intent to defraud.

MR. M. WILLIAMS offered no evidence against POPE.— NOT GUILTY .

MR. FULTON defended Delmar.

ANNIE HARRISON . (The former evidence of this witness was read over to her from the shorthand—writer's notes, to which she assented.)

FREDERICK EILOART . My father is an auctioneer, of Chancery Lane—we let some chambers at 7, Danes Inn to Delmar at the half-quarter day, between Michaelmas and Christmas—he gave a reference which I cannot remember as I gave up the papers at the police-court—I received this letter. (This was dated 23rd August, 1879, from Delmar to the witness, offering to take the chambers at Dane's Inn, and giving as references A. and W. Pugh, and G. S. Hare, Esq., of 2, Pinner's Court, Old Broad Street.) I also received this letter. (This was signed "Arthur Pugh," and stated that he had known Mr. Delmar for years, and believed him to be a desirable tenant.) I received this cheque for 6l. 6s. for a portion of this rent—I paid it in through the bank, and it was returned—I then received this letter: "8th February, 1879. Shepherd's Well, near Dover. Dear Sir,—I have just heard from the City that the man whose cheque you received from me has turned out a dreadful rogue, and I will bring you the cash on Wednesday. Unfortunately, I cannot get there tomorrow, as I have an important engagement near Folkestone, but on Wednesday you will see me with the cash. W. W. Delmar"—he did not come, but he sent me a cheque, which was honoured, and I sent the first cheque back to him, which was drawn by Williams in favour of Delmar on the Provincial Banking Corporation, Edgware Road.

Cross-examined by MR. FULTON. I got the letter enclosing the second, cheque about three days afterwards—I have been defrauded of a half-quarter's rent—I did not get another tenant till the middle of the next quarter—I was paid a half-quarter's rent from 11th August up to 29th September, and the new tenant came in between September and Christmas Day—he called on me with the new tenant about 20th October or 1st November, and I suggested to him that he was liable for the half-quarter—the new cheque was for 7l. 4s., and about a week after I received it he called to know whether it was honoured, and I told him yes—I received this letter from Delmar: "Dear Sir,—I conclude the cheque for 1l. 4s. was all right; if so, send me the balance (17.) as I want it to help me recover the amount. The bearer will bring me your reply"—I did not give the cheque to the bearer; I was out when he came—it was evidently after 20th September that he received back Williams's cheque—it may have been a week afterwards—he called, and I gave it to him.

CHARLES WILLIAM HALFORD . I live at 23, Coleman Street—on 24th September I let some chambers to James Pugh, who afterwards introduced me to Arthur Pugh, who introduced me to Delmar about the end of September, who he said was a stockbroker, and a friend of his, and wanted to buy 20l. worth of eigars, but could not afford to pay for them as he had a very heavy settlement—I never saw Pugh and Delmar together.

JOHN MORLEY . I am a furniture dealer of 162, Strand—I know Delmar as a customer—on 27th September he ordered furniture of me to the value of 17l. 5s., and gave me in part payment a cheque for 12l. drawn by

A. H. or A. W. Williams on a bank in Edgware Road—I gave him 6l. out of it at his request, and paid it into my bank—it was returned marked "No account"—I returned it to Delmar, and I think the next day I received another cheque from him for 11l. 10s. drawn by Jas. Gough, and a half sovereign—the day after I received it I think Delmar came and asked me to hold it over for a few days—I said, "Had you asked me I would have done so with pleasure, but I have paid it in"—he gave me a cheque for 11l. 10s. on a bank in Sloane Square to take up the other—I paid it in to my account, and it was cleared—I gave bills for the remainder of the furniture—I afterwards tried to find Delmar, but could not.

JAMES WILLIAM BAREFOOT . I am cashier at the London and Provincial Bank—we had no customer named A. H. or A. W. Williams in August or September last—a book of cheques was issued to a Mr. Williams in 1870, numbered 3710.

HENRY MARSHALL (Police Inspector). I took Delmar—he asked me to relate the charges against him—he said, "I got the cheque from old Pugh," alluding to the cheque given to Morley—I also told him he would be charged with uttering a cheque to a lady in Dalston Lane—he said that he got that from Arthur Pugh, but when I took Arthur Pugh he said that he got the cheque from Delmar.

JOHN MORLEY (Re-examined). The cheque was payable to Delmar. DELMAR and PUGH— GUILTY of uttering. DELMAR— Fifteen Months' Imprisonment. PUGH— Eighteen Months' Imprisonment . POPE— NOT GUILTY .

1st March 1880
Reference Numbert18800301-301
VerdictGuilty > unknown; Guilty > with recommendation

Related Material

301. FREDERICK POPE was again indicted, with THOMAS GEORGE COLLIER (61) , for unlawfully obtaining 7l. from George Field by false pretences.

MESSRS. MONTAGU WILLIAMS and MEAD Prosecuted; MR. THORITE COLE appeared for Pope, and MR. MACRAE MOIR For Collier.

GEORGE FIELD repeated his former evidence.

Cross-examined by MR. MACRAE MOIR. I should not have taken the cheque at all if money had not been owing to me—I took it from an unknown. person with a letter from Collier, but with great reluctance—Collier owed me over 5l., but I did not look at my books because it was so far back—the family never ran into debt—till Collier came to London they always paid for what they had—you may take it that he owed me 4l. 6s., and I gave him 5l. lit., and later in the day 2l., therefore he still owes me 1l. 6s.—Jones cashed a cheque for 5l. for Collier before, and there was a difficulty about it, and I refused to cash one because it was written on plain paper—I think it was signed Fredk. Pope—it was brought to me by Collier's son, who is not in my employ now—Collier sent me a letter in the morning, saying that he did not intend me to take all my bill, so I sent him 2l.—I had been pressing him for payment.

Re-examined. If your learned friend is correct, I gave 5l. 14s. and 2l. 14s. on the same day; that is, 8l. 8s., and he owed me at that time 2l. or 3l. for grocery, which makes 10l. 8s.—that leaves 5l. 8s. still due to me—I think this (produced) is the blank cheque I refused to cash, but I cannot swear to it—the endorsement is Collier's writing.

JAMES WILLIAM BAREFOOT repeated his firmer evidence.

HENRY MARSHALL repeated his former evidence, and added—On 15th

January, about 1 p.m., I went with a warrant to 14, Oglander Road, East Dulwich—a female answered the door, and in consequence of what she said I placed Sergeant Moore at the back and another officer in front, and commenced to search the house—the female took me to the back yard, where I found Collier in the closet—I read the warrant to him—he said, "Well, it is very true, Pope owed me some money, and he asked me if I could do a cheque for him; I took the cheque to Mr. Field, and to pay a small bill I got the change—I gave Pope 5l. of the money." I produced the cheque, and he said, "That is the one, it is my writing on the back"—he handed me this letter, and asked me to produce it to the Magistrate, as it would be his defence—he said, "I received that—from Pope." (This letter was signed Frederick Pope, dated 7th August 1879, stating that he enclosed the whole amount in Field's matter, although he had only had half of it, as he never went from a promise when once made, and that he hoped to he able to tend more money tomorrow.) Collior also said that I should find a number of letters from Field to him, and from him to Pope, in Pope's possession. I found this batch of letters in Pope's desk. (The letters were put in at before.)

Cross-examined by MR. COLE. I had this memorandum book in my possession at the police-court, but I did not use it, because the evidence was fresh in my memory—I made the first part of the entry on the day I took Pope, and the second part when I searched his desk—I was then sent out of the police-court at your request, but after I gave my evidence I kept in Court—I did not stop in the attorneys' seat the whole investigation—Pugh only was first put in the dock—I took out a summons for Pope to come and give evidence, and then arrested him, and he was put in the dock the same day and charged with fraud and conspiracy, and there was an adjournment for a week—I sat by the side of the Attorney for the Treasury, handing him documents—I did not remain there pumping him after the witnesses were ordered out—I assisted him except when I was ordered out—I received the case from Andrews, who has been sent to South America—I do not know that Pope sent for Andrews, but I heard him say that he called on him—Pope never mentioned the name of Williams—he said that the cheque-book had been stolen from his box, but not that he had discharged Herbert Pugh in consequence—he did not particularly request his solicitor to have Andrews there—I have heard that Mr. Crowther was Pope's solicitor, and that Herbert Pugh was in Pope's service some time—there was no committal for forgery, nor do I believe it was applied for—I heard the argument as to a general charge of conspiracy against the four prisoners, and I believe the Magistrate at first refused to do so—I do not know whether they asked him behind your back to be allowed to indict for conspiracy—I heard it, and I understand it has been returned by the Grand Jury—I believe I mentioned in my cross-examinatien that Pope handed me the key of his desk, but not in my evidence in chief—when I went to his desk I found it broken open, and I took the documents—the cheques with "N.S." on fire of them, and "Refer to drawer" on others, were put in to show his pecuniary difficulties, I believe—I understand that four or five of them were dishonoured—a bundle of the dishonoured cheques was not put in to show nefarious trading—I did not cast up the total of the cheques—I don't know that it was 250l. or 300l.

Cross-examined by MR. MACREA MOIR. I believe Collier is a solicitor's

clerk—I have produced all the letters I could find—Collier sent one of his daughters upstairs to get the letter from a drawer, and said that he should use it as his defence.

Re-examined. About 30 cheques were found at the police-court.

JOHN MOYSEY . I am manager of the London Trading Bank, 1, West Street, Moorgate Street.

Cross-examined by MR. COLE. I was called by the prosecution at Westminster Police-court, and a large number of cheques were put into my hand—Pope's account was open about two months, and he paid in about 260l.—two bundles of cheques were shown me, which had passed through the bank in the usual way, and out of another bundle of 13 marked N. S. ten have been paid—three of the cheques before me are for small sums, and one has not been presented.

GUILTY Nine Months' Imprisonment each. Collier was strongly recommended to mercy by the Jury on account of his age.

Before Mr. Recorder.

1st March 1880
Reference Numbert18800301-302
VerdictGuilty > unknown
SentenceImprisonment; Imprisonment > penal servitude

Related Material

302. ROBERT LAIRD (53), ROBERT GEAR (32), WILLIAM WYMARK (60), BENNET BARNES (40), and JAMES GEORGE HODGES (53) , Unlawfully conspiring to cheat and defraud George Frederick Thompson and others.

MR. BULWER, Q.C., MR. MONTAGU WILLIAMS, and MR. HORACE AVORY Prosecuted; MR. AUSTIN METCALFE appeared for Laird, MR. LEVY for Gear, MESSRS. GRAIN and RAVEN for Wymark, MESSES. FULTON and TORE for Barnes, and MESSES. KEOGH and WARNER SLEIGH for Hodges.

GEORGE FREDERICK THOMPSON . I am a printer and stationer, of 126, Camberwell Road—in August last I received a letter from Gear and Co., of No. 6, Three Crown Square, Borough, for brief and hand—made paper—it was on note paper of this description (produced)—it had a printed heading. "Gear and Co., Stock and Share Brokers"—the order was produced at the police-court—I sent the goods by one of my porters, and he brought back a receipt—two or three days after I called at 6, Three Crown Square—as you came up the stairs there was a door right facing you with "Gear and Co." on it, and at the side, close against it, was "Laird and Co., Bills for acceptance to be left in the letter-box"—at that time I did not see anything on the door about a bank—I saw Gear, and said, "I am Mr. Thompson, and I have come for my account"—he said, "My partner is away in the country, when he comes back I will pay you"—he said the order was incomplete, and he wanted some more paper—I said "I know nothing at all about you, will you give me a reference, as our terms are cash?"—he said "No, I can easily get three months' credit if I like"—I then agreed to supply the further goods—he gave the order at the time—he then took me into the adjoining office, and introduced me to the prisoner Laird; he said, "This is Mr. Laird, a friend of mine, he wants some memoranda printed"—Laird wrote out the order for 500 memoranda forms and gave it to me—I produced it at the police-court—Gear also gave me an order for 500 memoranda forms; he said, "Don't make them alike, as we don't wish the public to know we are connected"—they were to be paid for on delivery—I sent the paper and the memoranda forms to both Laird and Gear—I applied for payment

several times, but did not get it—I saw Gear once afterwards—he said that his partner was out of town, that he had not got any money, when he came he would give me a cheque—I asked who his partner was—he refused to tell me—I asked where he lived—he said he was not going to tell me, it was no business of mine, or words to that effect—the value of the paper supplied to the two was 9l. 15s.—I believe I have seen it all since, at two pawnbroker's, Mr. Ullman's and Mr. Layman's.

Cross-examined by MR. METCALFE. Laird's account was 10s. 6d.—I had not seen him before the order was given—I called several times after.

Cross-examined by MR. LEVY. I have been in business some years—I had no knowledge of Gear before I supplied him with these goods—I supplied them without making any inquiry—there was no communication between Laird's room and Gear's, only by going out on to the landing, and just stepping from one door to the other—Gear never said that Laird was his partner, or led me to believe so.

EBENEZER HENRY LOVE . I am a stationer in Coleman Street, City—I know Gear—he was introduced to me by a clerk on the Wool Exchange last June—about the end of June he gave me an order for two reams of foolscap paper—he came to our place of besiness with this clerk and gave the order personally; also to get up a proof of a prospectus, and a ream of note paper and one or two other sundries like a letter-book—he handed me a form of the "Nava de Iraque Gold and Silver Mining Company, Limited, of Spain, capital 40,000l."—I did not invest any of my money in it—I supplied him with the paper and printed the prospectus—I never got paid for either—I sent out a collector, and afterwards went myself to Three Crown Square—I have waited there half an hour, sometimes an hour, sometimes two hours, and at last I saw Gear—I said, "My name is Love"—he did not seem to recognise me—I said I had called for a settlement of the bill I had sent in—he said his partner was on the continent, and would be back in a week or two, and then I might have the money—he did not tell me what he wanted the paper for—he did not tell me who he was, or what business he was carrying on, but I presumed he was a stockbroker, by seeing at the end of the printed prospectus which was handed in to us, "Gear, Stock and Share Broker"—my bill was about 17l. or 18l.—I have not seen the prospectuses again—I saw the foolscap at Ullman's and other pawnbrokers, a couple of reams, or I believe more—I identified it as that I had supplied; there was more than two reams supplied—we went to two pawnbrokers; Mr. Thompson's foolscap was at one and mine at the other, but I cannot tell which one it was.

Cross-examined by MR. LEVY. I was convinced of his stability by the introduction of this clerk, who came from a respectable office—when I applied for payment he did not say the directors were away—I swear that he said "partner "not "Directors"—I did not know that the goods. were supplied to the company—we did not supply them to the company; we don't recognise companies, we recognise private men—the term "di rectors "was never used to me, I am positive of it.

ARTHUR CONLEY . I am assistant to Mr. Layman, pawnbroker, 23, Blackman Street, Borough—I produce some paper pawned with us on 30th November last year, for 5s., in the name of John Roberts—a gentleman afterwards came to identify the paper—I could not swear whether it was Mr. Thompson or anybody else.

MOSES JOSEPH . I am manager to Mr. Ullman, pawnbroker, 60 and 62,

High Street, Borough—I have seen Gear once at Mr. Ullman's premises pawning things—I remember some foolscap paper being pawned; I did not take it in, I found it on the premises—it was afterwards identified by some gentleman who came and looked at it, Mr. Love I think it was—I produce seven tickets—it was pawned at different times, two in the name of Roberts, High Street, and five in the name of William*, Tooley Street, amounting to 33s.

Cross-examined by MR. LEVY. I do not know of my own knowledge who pawned the goods.

By the JURY. I did not know Gear by the name of Gear—I have seen. him on the premises—I have also seen Wymark on the premises; I did not know him by name,

THOMAS CHIVERS . I am a milkman, of 12, Cornwall Road, Brixton Hill—in May last I had a customer named Rolfe who owed me 4l.—on Saturday, 30th May, Wymark called and said he had come to pay a small amount—I asked him what name, as I had never seen him before—he said he had come to pay his son-in-law's account of the name of Rolfe; he did not say his own name—he pulled two or three papers, out of his pockets, two banker's drafts for 15l. 12s., 9l., and this cheque on the London and Provincial Bank, Tottenham branch for 10l. 10s. payable to Mr. Francis or bearer, and signed Robert Gear—I rather hesitated about taking it, because I had been in trouble with three or four cheques before, that I had cashed for little tradesmen, and I said I would rather wait a week for the money—he said I need not be afraid to take it, as he would call on Tuesday, and if it was not all right he would make it right but he knew the man to be a substantial man and he had passed many of his cheques with a neighbour of mine, Mr. Barton—I then gave him the change, 6l. 10s.—I paid the cheque the same night to a party who always cashes my cheques, and it was returned to me on the following Saturday marked "No account"—Wymark did not come on, the Tuesday as he had said he would—I went to him on the following Monday morning to Ms house in North Road, Clapham Park—he said, "Has not the man met it? I shall see him today and I will bring you the money to-night"—he sent a telegram that night to say that he had been detained in the city, but trusted tomorrow would do as well—I went to see him in that week, but could not—I left word with the servant that I should come on Saturday morning before 9; I went and met him 200 or 300 yards from the house, and he produced another cheque on the City Bank, and said, "I shall not pay you with this, I will get it cashed and pay you in hard money"—this is the cheque (produced), he did get it cashed the same night at a neighbour's, but I never got the hard money.

Cross-examined by MR. GRAIN. Mr. Rolfe had dealt with me three or four months, but I had never seen him—I have received 2l. through a solicitor who I put to try to get my 4l.—I took County Court proceedings—Wymark, told me that he had received the second cheque for wages and travelling expenses—he said he took the first cheque from ft man he had done busi ness with—he did not come back to me after that—my solicitor served a summons on him—I afterwards put it into the County Court, and put it into a debtcollector's hands, but he said there were so many cases against him I should stand no chance, I never got my money,

Re-examined. I had not asked him to pay Rolfe's bill, I am loser of 8l. 10s.—the son-in-law has not made up the deficiency.

ARTHUR DOUGLAS NOVIS . I am a cashier at the London and Provincial Bank at Tottenham—no person named Robert Gear has an account there—I don't know the name at all—this cheque is the last of a series issued to Frederick Clarke, on 27th January, 1876—he has a small balance of Ms. standing for about a year after he left Tottenham, but it was virtually closed almost immediately after issuing the book—I returned this cheque on 3rd June, marked "No account."

JAMES GEORGE BARTON . I live at the Raglan Brewery, Cornwall Road, Brixton—in June last I knew Wymark, and on 14th June at his request I cashed this cheque for 10 guineas, signed Bowden Shoppery—he owed me some money for beer at the time, and tendered this in payment for it—I gave him change 8l., 15s. 6d.—I passed the cheque through the Clapham branch of the London and South Western Bank, and it was returned marked N. S.—I put the matter in the hands of a debt-collector—5l. 10s. was sent to me in two instalments by Wymark, by post-office orders.

ALEXANDER JOSH HOOKEY . I am a cashier at the Aldgate branch of the City Bank—on 11th June wo had a customer named Bowden Shoppery and Co.—at that time there was an overdrawn balance of 9s. 1d.—from 1st January to that time the total amount operated upon was 7l. 18s. 8d. on the debit side—this cheque was presented at our bank and marked N. S.—the account is still open with a balance of 4d.

Cross-examined by MR. GRAIN. We don't open accounts without references—we took references in that case, I believe from Messrs. Cohen and Co.—the manager would make inquiries—we should not have opened the account if the references had not been satisfactory—if money had been paid in, of course the cheque would have been honoured.

REUBEN TURNER . I live at 5, Providence Road, Leeds—in August last I was manager to Messrs. T. 'Green and Sons, Blackfriars Road, London—on 15th August I received this order for a mowing machine, and other things—(This was from Laird and Co., 6, Three Crown Square, Potato Salesmen; Signed R. L. Gourlay, for Laird and Co., and directing the goods to be sent to 40, Rokeby Square)—we sent the goods to that address—application was made for payment, but we have never received anything—the amount was 9l. 1s. 6d.

FRDERICK GEORGE CRAGE . I am manager to my father, a fishcurer, trading as Overall, Son, and Co., 102, Lower Thames Street—on 7th June last we received this order from Laird and Co., for 1 cwt. of smoked salmon, to be forwarded to Barnes and Co., of Bournemouth—somebody had previously left a card of Laird and Co. at our place—in consequence of this letter we sent the salmon to Barnes and Co., and received this acknowledgment signed Barnes and Co.—we sent the invoice to Laird and Co., for 3l. 6s. 1d.—this is it—it was never paid—we placed the matter in the hands of our solicitors.

Cross-examined by MR. METCALFE. I did not see Mr. Laird—I saw the card that was left—I don't know what became of it—I knew nothing of them—the account was so small that we thought the thing was perfectly genuine.

Cross-examined by MR. FULTON. We did not send an account to Barnes—the only account we sent was to Laird and Co.—we made no application to Barnes—we received the order from Laird, and looked to him for payment.

ALEXANDER MACPHERSON . I am in partnership with Mr. Macdonald at fish salesmen in Billingsgate—in June, 1878, Laird introduced Barnes to me for the purpose of doing business—I then received orders from Barnes from time to time for fish, which I sent to Bournemouth—I received payment down to 27th August, 1878—between then and 1st September I supplied fish to Barnes to the value of 38l. 8s. 10d.—about 5th September I received a telegram ordering about 32l. worth of fish—I did not supply that—I then demanded payment of the 38l.—I did not receive payment—I received a bill, which I declined—I never received payment for those fish.

Cross-examined by MR. METCALFE. I did not know Laird before he introduced Barnes to me; I knew nothing of him, whether he was a substantial person or not—I exercised my own discretion whether 1 would supply Barnes or not—I did not make any inquiry about Barnes; I simply took the introduction of a person I did not know—they both left their cards.

Cross-examined by MR. TORR. All Barnes's memoranda were addressed from Bournemouth, but he ordered the fish at about half a dozen different stations—some of it went to Bournemouth—the first portion was paid for after a great deal of forcing and writing for the money—the 38l. is still owing—if I had got that I should not have been here today—that is the only case of that nature in which money is owing to our firm—there is no money outstanding from last August—I have told all I know about Laird or Barnes.

Re-examined. On the cards was "Laird and Co., Three Crowns Square," and "Barnes and Co., provision merchants, Bournemouth"—I took it to be a good thing—the first order was a mere trifle.

CHARLES MACLEAN . I did live at Meadow Park Road, Clapham—in November, 1878, I was in the service of Wright and Co., 42, Southwark Street—on 16th November, 1878, I received this order from Gear and Co. (This toot for 150 tablets of coaltar soap, etc., 47l. 10s.)—in consequence of instructions from my employer, I went to 6, Three Crown Square and saw Gear—I told him I had come in reference to the order which we had received, and that our business terms were always a pro forma invoice—that is, to get the cash beforehand—I produced the order we had received, and asked him for the money—he held up his head with indignation, and said it was a pretty way of doing business—he did not give me any refe rence or the money, and I left—a few days afterwards the order was renewed, and I went and saw Gear again—I said that Mr. Wright did not care to accept his order unless the money was forthcoming before hand—he said he was greatly surprised that we should do such a thing, he should not think of paying for an export order before he got the money himself—I said we should not do so ourselves—the result was we cancelled the order—in July, 1879, I received this order from Barnes and Co., of Bournemouth—I believe prior to that a person had called—I believe that soap was supplied—we never got the payment for it—we tried to stop the goods on the way in consequence of some information, but, unfortunately, did not succeed in doing so.

Cross-examined by MR. LEVY. Messrs. Wright and Co. are in a very extensive way of business—it is usual to give credit on export orders—if credit is not given, there is nothing unusual in the order being withdrawn.

Cross-examined by MR. TORR. We did not get the order from Bournemouth through knowing Gear; we did not know that there was any relationship between him and Barnes—we simply got the order from Barnes, and the firm executed it on their own responsibility—we make very few bad debts.

Re-examined. We do not generally give credit without references—I believe in this case we made inquiry at Perry's—they said they did not know them, but they had had many inquiries about them, and there was a firm of that name in Thomas Street, and they were first-class people, so the order was executed on that authority.

JAMES SOUTHORN . I am warehouseman to Messrs. Wright and Co.—I have seen Laird and Barnes at our warehouse—they came together at the dinner—hour to know about our soap, and how we sent it out—they both spoke, and both came about the same thing—I had heard about an order supplied—I communicated what occurred between them and myself to Mr. Attwood, our manager—I cannot say the precise date when they called—I believe it was in July last year—I never saw Gear at our place.

FRANK WOOLLEY . In November, 1878, I was in the service of Messrs. Wright and Co.—about the 12th I received this order, I believe by post, in consequence of which I took samples to 6, Three Crown Square, and saw Gear—I left the samples, quoting the prices—I did not take the order with me; I wrote a letter, which I took with the samples—we did not execute any order on that.

Cross-examined by MR. LEVY. I asked him if they were going to pay cash—he said no—I asked for a reference—he refused to give any; he said they did not do business in that way.

PETER HUGH MCDOUGAL . I now live at 227, Artisan Place, Dumbarton—I was formerly a partner with Mr. Weicher, of Stettin, Bavaria—on 22nd August, 1878, we received this letter from Laird and Co., of Three Crown Square (This stated that, having been favoured with the name of the firm through "our Mr. Gourlay jun." they would be glad to receive samples of potatoes)—on that we executed an order for 10 tons of potatoes, and received in return by way of payment this bill for 27l. on the British and Foreign Commercial Bank, 6, Three Crown Square, payable 60 days after date, signed "J. Roberts, Manager"—that would have fallen due on 27th December—it was presented through a banker at Stettin, and was not paid—we got no money at all—in consequence of that we wrote to Laird and Co., and received this answer, dated 20th January, 1879. (Read: "Dear Sirs,—Your favour of the 18th to hand, which will be attended to at once, as we are arranging to send you a draft on a German banker for the amount of your invoice, although we think you have not treated us fairly by charging us a higher price than the sample you sent. Yours, etc., Laird and Co."—we got no further satisfaction—we then communicated with the police—in October, 1879, I called on Laird—I knew him by the name of Gourlay—I saw him in October for the first time—I went to him about the false bill he had sent us—he gave me nothing—I went and saw him five or six times—I eventually received this piece of paper from Mr. Gourlay's son, at Glasgow—I got 5l. for it—that was paid before this prosecution was instituted—I was unaware that there was a criminal prosecution pending at the time, otherwise I should not have compromised the matter—I got this document from Mr.

Gourlay in October last, that was before the promissory notes (This was a bill at three months for 65l. 15s., drawn by Laird and Co., accepted by Barnes and Co., payable at Glyn and Co., banker, London)—at the same time he gave me this card, "Barnes and Co., Provision Merchants and Italian Warehousemen, Bournemouth and Christchurch"—I presented this bill in due course, and it was dishonoured—I got no money for it—on 10th January Mr. Gourlay's son came down to Glasgow and asked me to compromise the matter, and said his father had got into difficulty—he said I was the whole cause of his father getting into trouble, and I compromised the matter, being unaware that there was any criminal prosecution pending at the time—I have not received anything for my potatoes beyond the sum which the son gave me.

Cross-examined by MR. METCALFE. I had known young Gourlay for about three weeks—I was not at school with him—I made his acquaintance at Stettin—I only knew from him that his name was Gourlay—I knew that his father was trading under the name of Laird and Co.—young Laird came to me at Glasgow for the purpose of paying me the 5l., to compromise the matter—it was then I got the two promissory notes, and I gave a receipt in full.

Cross-examined by MR. LEVY. I went to the office at 6, Three Crown Square, several times—I did not see Gear there—I don't know him—I did not go by appointment.

Cross-examined by MR. TORE. I knew nothing whatever about Barnes—I did not make any inquiries about him.

FREDERICK CONRAD WOHLGEMUTH . I am a coal—merchant, of 84. Mark Lane—I know Wymark—in August last I received from him a bill for 12l. 17s. 3d., on the British and Foreign Commercial Bank—in exchange for that I supplied him with coals, and gave him the balance in cash—that bill was paid—he afterwards brought me this promissory note and this bill on the British and Foreign Commercial Bank. (The promissory. note was dated March 17, 1879, for 27l. 10s., drawn by Isabella Rose and Edith Rose, payable in four months, at King and Co's, bankers, 45, Pall Mall. The bill was for 22l. 17s. 6d., at 30 days, payable to Wymark. Signed for the bank R. Thomas, Manager, Walbrook House.) I had already supplied him with coals to the value of about 15l. 10s.—I think I gave him 15l. in cash—the bills were to cover future operations—he gave me an order at that time to supply two tons of coals to R. Gourlay of New Cross—I forwarded those—neither the note or the bill were paid—both were presented at maturity—I saw Laird once after the bank bill was presented—I did not know him as Laird or Gourlay—he merely came as if from the bank, and asked me to hold the bill over, as Mr. Wymark was away—I said, certainly not, I should proceed at once by putting it in my solicitor's hands, if it was not met—I did afterwards place it in my solicitor's hands—when Wymark gave me the promissory—note he told me it was a perfectly good note, that the ladies were in a good position, receiving a pension, or something of that kind, and that no doubt the bill was perfectly good, and would be met when due—I afterwards tried, by my solicitor, to find these ladies, but did not succeed.

Cross-examined by MR. GRAIN. I believe the address of the Mrs. Rose is on the bill, 24, Hill Street, Knightsbridge—he said they lived there—he gave me no information about them, except what I have stated—I don't remember his saying in respect of what it was that they received a

pension—he may have mentioned it or he may not—I don't think he mentioned the amount—King and Co. are a highly respectable firm—I did not make inquiries about the bill; I accepted it on Wymark's recommendation—I had not known him before the previous transaction with the bill that was paid—I sued Wymark on this bill, but I believe it was stopped on account of proceedings taken in the Wandsworth Court—I left it to my solicitors to do the best they could—Wymark said he had numerous acquaintances who he would supply coals to—he owed me nothing when he brought me this promissory-note—yes, I think he did owe me a small balance—I was to hold this bill as a collateral security against any orders I might execute for him—he sent me orders with the name of the persons to whom they were to be delivered—I considered him responsible for the moneys; he was the intermediary—I delivered the goods direct to the persons he named—I did not send invoices to the persons to whom I supplied the coals—I opened an account with Wymark and I posted to him everything I delivered—I held him responsible, and did not care a farthing about any one else.

ERNEST COOK . I am clerk to Messrs. Greenfield and Abbot, solicitors, of 37, Queen Victoria Street; we took proceedings on behalf of Mr. Wohlgemuth on this bill and promissory note in the Superior Court of Common Fleas Division; we got a judgment and a Judge's order for the payment of so much a week, but we got no payments whatever; we also took proceedings in the Wandsworth County Court; we went to 24, Hill Street, Knightsbridge, the address of Rose mentioned on the promissory note; it was a very large house in a dilapidated condition, the windows broken and the bell broken; there was nobody occupying it; I knocked and rang and got no answer—I was not able to serve Wymark on the bank bill—I have got an order for substituted service—Wymark did not tell me anything especially about the British and Foreign Commercial Bank—he said generally he was connected with the bank, that he was the principal party, and that he would pay the money on the bank bill—I had not seen Gourlay at that time as to payment—I did not know him until he was pointed out to me by Wymark as the person connected with the bank who would probably pay the bill—he gave me Gourlay's address as Rokeby Road or Street, New Cross; he also gave me the address No. 6, Three Crown Square—after that I saw Laird and Wymark together in Cannon Street—I was talking to Wymark, and Laird came up; he was represented to me as Gourlay, not as Laird—that was the occasion when he said "This is the man who will pay the bill"—Wymark said "This is the clerk to the solicitors who are troubling me for the money"—Laird smiled, and walked across the road to the Cannon Street Station—that was all the satisfaction he got from him.

Cross-examined by MR. GRAIN. We first of all issued a writ in the Common Pleas Division against Wymark—judgment was signed, and we got an order for payment by instalments of 2l. 10s. a month on each bill—we sued on both bills—we took out a debtor's summons on the 2nd October, 1879, in respect of the amount being over 50l., but that was dropped—I saw Wymark a great many times after that—he said he was going to pay as soon as he could—he did not say he was acting for Mrs. Rose—he said that Mrs. Rose, as he had been informed, had an annuity of 250l. a year—he gave me the name of a person from whom we could make inquiries, a Mr. Percival, of 24, Anerley Road, Battersea Park; he

said "He can and will find them for you, but he would want something for his trouble"—he said that an attachment ought to be put on Mrs. Rose's income—it was not for me to follow up these Roses after we found they had gone—he named Mrs. Rose's bank as King and Co.—I did not go there—it was no use—it is their rule not to answer inquiries.

Re-examined. Some of the neighbours told me that the house had been empty for about six months, and it had every appearance of that.

WILLIAM BARNES . I have no connection with we firm at Bourne-mouth—I reside at 144, Lewisham High Road-Laird occupied a house belonging to my father, at 40, Rokeby Road, in the name of Gourlay,—he gave me a cheque for 4l. 2s. 6d., signed "Laird and Co.," in part payment of a quarter's rent—it was paid subsequently—I think it was on the Commercial Union Bank in Talbot Court, Gracechurch Street—I think the cheque was paid in through my father's account, and returned, to us dishonoured, and I went to Three Crowns Square, and found the two doors there as described, "Laird and Co." on one, and "Gear and Co." on the other—I saw no one—the doors were shut.

Cross-examined by MR. METCALFE. The cheque was paid subsequently—I have nothing to complain of.

DOUGLAS STAGEY ARTHUR MCLEAN . I am clerk to Mr. Smith, manufacturing chemist, 38, Borough Road—in August and September last I received three letters from Barnes and Co., and one order for washing-powder—we seat twelve gross, value 2l. 6s. 6d.—I applied for payment, but did not get it—we afterwards received an order from Gear and Co., No. 6, Three Crowns Square, for 50l. or 60l. worth of goods—that has been lost—I made inquiries about Gear and Co., and in consequence of what I heard did not supply the goods.

Cross-examined by MR. TORE. The orders came by post—I transacted the business and wrote the letters—I have no complaint to make—I never knew anything of Barnes before—there is nothing to distinguish his case from other unpaid bills of ours.

Cross-examined by MR. LEVY. The order from Gear and Co. came by post about two months after the other—I won't swear he did not ask for credit.

JOHN HEAD SPRY . I am managing clerk to Howell and James, 5, Eegent Street—in January, 1879, we [received an order from a Mrs. Christian for drapery and other things, which we supplied according to this invoice produced, amounting to 72l. 15s. 9d.—I applied for payment, and we received this bill produced (This teas a bill at four months for 48l. 10s., drawn by A. Christian on Laird and Co., 6, Three Crown Square, and accepted by them)—this was presented at maturity, and not paid—we have never had any money in respect of these goods.

Cross-examined by MR. METCALFE. The bill was given some time after the goods were supplied—it was sent by post by Mrs. Christian—we had references and applied to them—they were satisfactory.

EDWIN MORGAN . I am landlord of the premises 6, Three Crowns Square, Borough—in September, 1878, I let two rooms on the second floor to a man named Gourlay, at a rent of 30l. a year—shortly afterwards I saw the name of Gear and Co. on one of the doors and Laird and Co. on the other—I had no dealings with Gear—I think I got about 4l. or 5l. rent about 15 months ago—I think there was about nine or 10 months due when Laird was arrested—the rent was to be paid monthly

—about a week after I had let the premises I noticed on the outside door' "British and Foreign Bank"—I told Gourlay I could not have that; it must be painted out, as it seemed to me so inconsistent with a bank on the second floor—he said he would do so—it went over for some short time and it was not done, and I had it done—he told me that he had correspondents at Hamburg, and they liked a bank to make their bills payable at—I think there was something painted on the panel of the room door upstairs—I don't recollect whether I saw it myself or wag told of it—I gave directions to have that painted out, and it was painted out.

Cross-examined by MR. METCALFE. Laird took the rooms under the name of Gourlay—I think he said his name was Gourlay Laird—I think he said he was going to trade under the name of Laird and Co.—a bill of 84l. was given to me by Gourlay for the purpose of getting it dis counted—I took it to an old gentleman that I knew in the City, and I them said to Laird, "If you can get another endorsement, I think these people will take it," and then he put his name on it.

Cross-examined by MR. LEVY. I am not the freeholder of the place—I had authority from my landlord to sublet to Laird, and I made no objectea to his subletting to Gear.

Cross-examined by MR. KEOGH. The drawer of the bill was Mr. Williamson, of Stone Buildings, and the acceptor was Mr. Hodges, of Blackfriars—when I first got the bill those were the only names upon it.

Re-examined. I did not succeed in getting any money on it—I made inquiry and it was objected to.

THOMAS HARRISON . I am a needle manufacturer at the Priovy Works, Alcester—last August I was travelling at Northampton, and mot Wymark at the Angel Hotel there—I had not known him before—we entered into conversation—he told me that he had lost his purse, and asked me to lend him 3l.—I said I could not—he took some bills and cheques from his pocket, and said I could hold those until he repaid me—I said they were of no use to me—he pressed me very hard and 1 lent him 30s., which he promised to remit, but did not—I afterwards received this letter from him from the Wellington Hotel, Leicester—our conversation at Northampton was of a rather serious character—he afterwards came and paid me a visit at my works and brought, me an order from Laird and Co., 6, Three Crowns Square, to the amount of about 160l.—this other order he gave me at the same time for Hodges—that would be over 160l.—it is written on a memorandum heading, nut signed—Wymark wrote the order at my place—he asked me to send a sample card up, which I did, addressed to J. H. Hodges, Esq., to the address he gave—I asked Wymark how it was the order was not written, and he said that Hodges left the order to him—he was to order something similar to the order given by Laird—samples had been previously seat with refers once to both these orders to Hodges—I had Hodges's address, and I west there and saw him in Bridge Street, Blackfriars—I told him I had come up to ask him for a reference respecting the orders given through Wymark—Wymark was there and introduced me—Hodges said, "I decline to give a reference," and I said, "On the same ground I object to send the goods"—he afterwards said it was as well I had mentioned it, that he should be requiring this order every two months, and he said "I will five you the name of a Mr. Williamson, a barrister, an intimate ¦ friend of mine"—I said I wanted a commercial reference—he said Mr.

Williamson knew all his affairs, and he would write him a letter—with that he turned to his table and wrote me a letter, which I took to Mr. Williamson—he was an old gentleman—I did not supply the good—the sample I sent was a pattern-book—that was returned to me—after coming away from Mr. Williamson's, Wymark went with me to Mr. Laird's, and after waiting more than an hour came away without seeing him—I told Wymark that I did not believe in the transaction at all, and asked him for my 30s.—as we came out of the place he said to me, "Here is Mr. Laird," and he introduced him to me—I said, "How do you do, Mr. Laird? I want a reference"—he said, "Oh, yes; I will give you two if you wish," and I wrote them down—I have not got it here, but I renumber one of the names was Pouch and Co.—I did not go there mydelf—I left the names with our agents in London and they made inquiries—the result was that I did not supply the order—I received this letter of 7th August, 1879, from Wymark, care of Laird and Co., 6, Three Crowns Square—that is the letter in relation to this transaction—after seeing Williamson I said to Wymark, "I shall not send the goods; I have no faith in the business at all"—Wymark said, "What else do you want? Sorely you want your money before you send the goods?"—I said, "Yes, I do"—he said, "You can bring them up to London and get one* third of the cash when you bring the goods.1'

Cross-examined by MR. GRAIN. Wymark told me that he was a traveller—I expected he would use the patterns for the purpose of obtaining orders—after making inquiries Wymark said, "Why don't you send to the railway station to be delivered only against cash?"—I had not then made any inquiry about the other references except Williamson—Wymark may have said if I preferred cash it could be so.

Cross-examined by MR. METCALFE. Laird did not offer to pay cash.

Cross-examined by MR. KEOGH. This (produced) is the order I received that states payment at 3 months, 2 1/2 discount—I did not carry out any orders—I only saw Hodges once at his office—Mr. Williamson said, after reading Hodges's letter, "Mr. Hodges is a very respectable man, he wants money badly I know, but he is not the scamp, but he is hard up and wants every shilling he can get just now"—he said that he had his affairs in hand and that he would have money, that he had a large amount of securities locked up which he could not realise at the time.

IDEN PAYNE . In October last I was assistant to Mr. Clark, shoe manufacturer, of Northampton—about July last year Wymark came there and wished to see samples of goods suitable for the Cape trade—I showed him some, and told him the prices—we afterwards received this letter (This was dated 30th August, 1879, from 30, New Bridge Street, ordering samples to be sent to J. O. Hodges at the above address and signed William Wymark)—the samples were sent, about 13 pairs, amounting to about 9l.—we then received this letter of 11th September (This was also from Wymark, and stated that Mr. Hodges was away, but would see him to-morrow and write fully)—we. then received these letters of September 13th and 17th, October 2nd and 9th, the latter signed J. E. Hodges) ordering goods to the amount of 34l. 17s.—we did not supply them—we determined to have the money first—we never got the money for the samples—I have seen part of them since at Russell's, the pawnbroker's, in Fore Street—theee (produced) are the letters we sent in the course of the transaction: some addressed to Wymark and the others to Hodges:

JAMES WALSH (Police Sergeant M). I took Hedges into custody

4th February—I found on him a number of pawn-tickets, which I handed over to Mr. Wontner.

Cross-examined by MR. KEOGH. There are 24—I found four on him and the rest in the drawers at his house in Lambton Road, Hounslow—I arrested him about 8.30. p.m., and searched the house at the time while he was there.

WILLIAM EATON . I am traveller to Richard Podmore and Sons, boot and shoe manufacturers at Stafford—in consequence of instructions I received on 17th September last, I went to 30, New Bridge Street and saw Hodges—I introduced myself to him—he said he was desirous, according to a letter he had sent down to our people, of placing an order of 15 or 20 cases for export—he wished our people either to send him samples, or me to show him samples, and he could satisfy them with referencs—I said I should be very pleased to show him the patterns which I had in town, and he appointed for Wymark to meet me next morning at 10 o'clock at the Saracen's Head Hotel—I saw Wymark there next morning about 10.30—he said he could not stay then as he had some other appointment to keep—he came next day by appointment, and I then showed him the patterns—he selected some, and I arranged to call and see Hodges, which I did about the 19th—he said he had not had time to go through the list that Wymark had given him, but he would do so—I said, "You said you could give satisfactory references; will you kindly do so now?"—he said, "I can give you a reference on a barrister, who has all my affairs in hand;" but I said, "Our people would prefer bankers' references or security"—upon that he seemed annoyed, and said he should not trouble his bankers to do anything of the kind—I said "Very good"—upon that he said he would go through the order and communicate with the house—I afterwards saw this letter and the order for boots to the value of 278l.—that was an [order from the samples we had supplied—the order is not signed; it is headed, "From James Hodges, 30 New Bridge Street, E.C."—the letter accompanying the order is signed "James Hodges"—we did not execute the order—the firm wrote, asking for references, but none were supplied.

Cross-examined by MR. KEOGH. Hodges did not give me the name of the barrister who he said had his affairs in hand—no other person was mentioned: he offered references; I should have asked for them, of course.

PAUL PAMMER . I am a merchant of 59 Mark Lane—in the middle of last year I was introduced to Wymark by a traveller of mine—I suppose it was for the purpose of doing some business—he gave me an order I believe in May for a ton of glue to be supplied to Lindsay and Co., of 37 Walbrook—he said they were very respectable people and had plenty of money—I made inquiries and declined to supply the goods—one day after that Wymark brought Laird to my office to see some corn flour; Laird wanted a sample which I believe I gave him and told him the terms were cash—he did not say anything to that; he wanted to try the corn flour first—he wanted to sell me some very cheap champagne, which I declined—I did not sell him the corn flour—when Wymark introduced him he gave me his card, "Laird and Co.," somewhere in the Borough.

Cross-examined by MR. TORR. de Jough was my traveller—I wrote two or three memorandums to Lindsay and Co.—the value of the proposed order was 35l.; they did not offer to pay cash, they offered to pay in 14 days; the value of the corn flour was 40l. or 50l.—Laird said he had some wine to sell on commission, if I liked he would make an exchange.

Cross-examined by MR. METCALFE. Laird did not tell me where the champagne was, he led me to suppose that he had it in his possession.

Re-examined. Wymark gave me this cheque for 6l. 7s. 6d. and asked me to give him my cheque in exchange for it—it is a cheque on the London and County Bank, Southwark branch, drawn by H. Waithman, payable to Wymark and endorsed by him—he also gave me this promissory note for 10l. by Ball at three months—I gave him a cheque of my own for 6l. 1s. 6d. which he cashed—the promissory note was left afterwards as a security for his cheque which was dishonoured, and marked "Account closed"—the note was never paid—I sent him this postcard requesting payment, I never got the money.

Cross-examined by MR. GRAIN. He asked me to hold over the cheque for a few days—he paid me a portion of the money, 1l. 10s. and wrote me a note saying as soon as he could he would pay me the balance—I never presented the promissory note—I wrote to Mr. W. H. Ball, builder, Thurlow Place, Lower Norwood, but received no answer.

ALFRED COTTON . I am manager to Mr. J. A. Russell, pawnbroker, 37, Fore Street—I produce seven pairs of boots and five pairs of shoes pledged by a person in the name of John Dean, Walworth Road, on 18th October for 2l. 10s.—this (produced) is the ticket, I hold the corresponding one—I produce a sample pair of each—we have them all—I was present when Mr. Payne came and identified them—I was present when they were pawned, I cannot recognise any of the prisoners.

THOMAS RIDGE . I am a cheesemonger, of 44, Clapham Park Road—I know Wymark—in May last he called and bought some goods, and paid for them—I afterwards supplied him with other goods, and he owed me 2l.—he brought me this promissory note for 10l., of W. H. Ball, at three months, payable to Rt. L. Gourlay, 'and endorsed Rt. L. Gourlay—he wanted me to give him the balance, 8l., in cash—I did not do so—I afterwards supplied him with more goods, making altogether 6l. 4s.—I paid the promissory note to a provision merchant in the City, who had it presented, and it was dishonoured—I afterwards put the matter into the hands of a debt-collector, who got 2l. for me—Wymark brought a friend of his one evening with a cheque for 5l. which he wanted me to cash for him—I did not know who he was—that was previous to my getting the 2l.—on two or three occasions he wanted me to take some more bills of acceptance and promissory notes—he said he had a lot of them—I declined—I saw several of them on two or three occasions, he pulled from five to 10 out of his pocket—I did not notice the names on them.

Cross-examined by MR. GRAIN. He told me he lived in North Road, Clapham, close by me—this cheque was to be held by me against the account he ran up—after this had been dishonoured I saw his son, that was after he was in custody—I called at his place and saw a young lady, and after that the son called on me two or three times and said he would pay—I said if he paid the cheque I would not take any more trouble in the matter, but he failed to do so.

Cross-examined by MR. METCALFE. I did not make any inquiry about Mr. Ball—Mr. Woods, who I asked to collect the debt, said there, was no such person,

WILLIAM HENRY LETHERIDGE . I live at 18, Marlboro' Road, St. John's Wood—I am a gentleman on my own means—I have been out of business five years—I know Wymark through seeing Mr. Hodges on a bill for 600l. on 12th April, 1879—it was brought to me by George Bond and Co., of 22, Walbrook, to discount—it was drawn by me or my agent on J. C. Hodges,

accepted by him, and payable at the Capital and Counties Bank—I was asked to assist in getting some money and I drew the bill on Hodges, and he accepted it—I gave for it a cheque for 540l. at six months—the bill was not honoured—my cheque was paid—I went and saw Hodges about the bill, and he promised payment—he did not pay me; I obtained judgment upon it—I have not succeeded in getting any money for my judgment—besides accepting the bill he offered me security in the Lonsdale Chambers Company, Chancery Lane—it was after the bill was dishonoured that 1 saw Wymark, not previously—I called on the agent to know how it was—he said he would see what he could do about it—I believe Wymark was introduced on the first occasion; on the second occasion he brought me this bill, I believe, it was in my hands a short time; at the same time he handed me this letter: "London, December. Dear Sir,—Herewith I hand you J. H. Williamson's draft on J. Hodges for 84?. at three months, upon which you lent me 34l., on the understanding that if you do not get the amount of the said bill I am to repay you the 34l.—Yours truly, William Wymark"—I first met Wymark at the agent's office; it was on that occasion this bill was introduced, and he said he knew all about the transactions between Hodges and Williamson, and if I did not make Hddges a bankrupt it was very likely I should get my money, and he said, "To prove to you that I know all about their connection, here is what I have received from them for what I have done on different occasions"—I asked that he considered the bill worth—he said, "I don't know, but I want a little money; it is getting neat Christmas"—and for what he did for me I considered I was indebted to him a little, and tinder those circumstances I was induced to lend him on that agreement 34l., and took thto 84l. draft; he said, "it you can get the balance you may have it"—I said, "Thank you, it will help to pay me for what I don't expect to get altogether, it would be like setting a sprat to catch a mackerel"—there is an endorsement on the 84l. bill of "R. H. Gourlay"—I do not know who Gtourlay is—Wymark said he was a man living in the country, he might be food for 20l.—I have never seen my sprat back again, and I have not landed my mackerel.

Cross-examined by MR. GRAIN Wymark made out nothing in particular about these people; he said I might take my chance—I lent him the 34l. oft the chance of getting the 84l., for the labour he had done in trying to get the other—I knew him for a very short time—I thought he was good for 34l. when I lent him that.

By the JURY. Bond was my agent on this occasion; he was the agent Hodges introduced to me—I had only known him a few months—I nad just met him occasionally; he was a house agent and such-like.

Cross-examined by MR. KEOGH. Unfortunately, I did not take means to discover who Mr. Hodges was, I trusted to the agent to do so, I took his word it was not on Hodges' own responsibility, but upon the collateral security of the Lonsdale Chambers—the shares are in existence, but I doubt whether the Company is—on account of the bad times, I suppose, they have not been able to let their offices—I did not discount the 600l. bill; I lent money on it—I had no interview with Mr. Williamson, I know nothing of him—I only knew Hodges in this transaction.

JOHN BARTON . I am a wine and spirit agent, of 23, Cullum Street, City—Laid was introduced to me last year, in the name of Gourlay, as a person to whom I might sell wine—Laird brought Barnes to my office and introduced him to me—I showed him a sample of port wine—I said

my terms were cash—Barnes said he would come again in a day or so—he said nothing about the terms then—Gourlay afterwards said he should want three months—that was on another day, when Barnes was not present—he said he did not think Barnes would buy unless he had three months, but he said Barnes had rone back to Bournemouth—he said he wanted a little less price, but I should hear from him again—they did not buy any wine—Laird afterwards brought me a bill for £50—I presume Mr. Wontner has it; it was produced at the Poliee Court—I returned it to Gourlay—it was drawn by Laird and Co. on Rolls and Co., of Bournemouth—at the time Laird gave me the bill I asked him if he knew Laird and Co. to be respectable people—he said Yes—he did not flay what he was—I presumed he was an agent in the matter—he did not tell me that he was Laird—I deposited the bill with Mr. Methley for a few days—he returned it, and said it was no use, and at the saute time he showed me another bill of Laird and do. which he had, about 19 months old—in consequence of what Mr. Methley said to me I returned the bill to Laird and refused to We anything to do with it—I sold Laird that Mr. Methley had told me it was a bad bill) not good for anything, and said I thought they were swindlers from inquiries I had made—is said he had heard as much—I had heard of Laird and Go., of Muscovy Court, and I think I said to Laird that I thought these were the same people, and he said Yes.

Cross-examined by MR. METCALFE. When Gourlay brought the bill to me he told me to make my own inquiries—I ddn't know whether I told him I should do so, but I naturally should make inquiry any tradsman would.

Re-examined. Laird gave the name of Gourlay—I always thought that was his name—I knew nothing about Laird.

THOMAS METHLEY . I am a wholesale and expert merchant, of 150 Fenchurch Street—I remember Mr. Barton bringing me a bill for 50l.; drawn by Laird and Co. on Rolls and Co., of Bournrmouth, and suggsted my taking it in payment for wine—I recognised the name of Laird and Co. the moment I saw it, in consequence of haying had an acceptance of theirs at 4, Muscory Court, from a man named Burkett—that was in March, 1878—Burkett was charged at the Police Court with the present defendants, but he was discharged—that bill was returned marked "Account closed"—I wrote to Rolls and Co. for the address of Laird to see if I could recover on the bill—I did not get an answer from Rolls and Co., but a man, who I now recognise as Laird, came to my place with this memorandum and represented that he came from Mr. Barton—he said, "You hold a bill drawn by Laird and Co., accepted by Rolls tad Co."—I said, "Yes; they are evidently a gang of swindlers"—he said, "Yes; no doubt they are. No doubt they are the same people that were at Muscovy Court, and that are now at Three Grown square"—he asked for the bill, but I declined returning it—I gave it back to Mr. Barton.

Cross-examined by MR. METCALFE. When I said I believed Lairs and Co. were swindlers, he said, "Yes; I have heard so too. No doubt they are," or something of that kind—he led me to believe that he thought the same as I did; I can't recollect the exact words.

ROBERT RICHARD EDWARDS . I represent Messrs. Head and Mark printers, of Fleet Lane, Old Bailey—I know Hodges; we did some printing

for him, some prospectus memoranda of the Bouldnor Pier and Land Company (On the back of the Memoranda wot written a list of directors, among which was "Robert Laird Gourlay, 40, Lewisham Road, New Cross ")—Hodges gave me a cheque for 8l. for the printing, dated 24th September—it was not honoured at first, but was paid afterwards—the account was just upon 13l., and rather than have any bother I agreed to take the 8l.—I saw him write the cheque.

Cross-examined by MR. KEOGH. Knowing Mr. Hodges for some years I thought I had better take the 8l. than lose the lot.

Re-examined. He was solicited in the first instance by one of our travellers, and his brother came and gave one or two little orders—I was requested by the firm to go and see if I could get any money out of them, and there I saw this Mr. Hodges.

The deposition of Nathan Defries, who was proved to be too ill to attend, wot put in and read—it was to the effect that he had printed for Hodges some prospectuses of the Bouldnor Pier and Land Company, for which he was not paid.

WILLIAM HENRY PAGE . I am in partnership with Mr. Pratt, as stationers, 5, Ludgate Circus—I know Hodges—in August last we had an order for printing to the value of about 45l.—it was executed and the account was sent in with the goods—I called at 30, New Bridge Street, immediately afterwards, and on two or three occasions before I succeeded in seeing Hodges—I then told him my name, and said I had called for payment for the work done—he said, "You must wait till the Company comes out," which I immediately repudiated; I told him I held his written order for the goods and looked to him for the money—he said he did not do business that way, he was in a large way of business, saying thousands of pounds away, he was going to pay 800l. the next, ay for something connected with this Company, and I must wait—I still persisted in wanting payment at once—ultimately he promised to pay on Saturday or Saturday week—I called on the day named, but did not see him—I subsequently saw him on several occasions—I and my partner called two, three, and five times a day; when I did see him he simply said he could not get any money, he could not pay, he had not got the money—I believe my partner was afterwards fortunate enough to get 15l., and then this statement was rendered, leaving a balance of 30l.—on one occasion I received from him this post-dated cheque for 26l. drawn on the General Credit Co. Limited, 104, Newgate Street, dated 22nd October, 1879—it was paid in to our bank, when at maturity, and returned dishonoured—the printing we did was a lot of coloured plans, views of churches, club-houses, and other things on this Bouldnor estate.

HENRY ELIAS BOULGER . I was introduced to Hodges some time in August last year—he told me that he had invested 12,500l. in land; that he was a millionaire; that he was a member of the Temple Club, and that he had all the barristers of the club under his finger and thumb—it ended in his wanting me to make him a suit of clothes—I am an artist tailor—Wymark was in a back office at the time writing—this interview took place at 30, Bridge Street, Blackfriars—Hodges showed me a 600l. acceptance and a 100l. acceptance—it had on it "James Hodges" as the drawer in the right-hand corner, and it was drawn on Mr. Williamson—I let him have the clothes on the faith of seeing the acceptances, and one on D. Morgan for 100l.—the clothes came to 15l., and he had 7l. 14s. worth of goods—that was on the faith that he had invested

12,500l. in this Land Company—I was to be elected the tailor of the Yacht Club—he said he had a yacht there, and 30 members, and I was to make all their clothes and to be always at the Mansion-house of this Pier and Land Co.—there was an arrangement made that I was to invest in this Company; that I was to take the Mansion-house on lease—he represented to me that it was a mansion of the Elizabethan era, that I should hare the place at a nominal rent, that he would furnish it throughout as elaborate as his office was at Bridge Street, which was the best one I have ever seen—I have not got the appointment yet—I was to go before the Board Meeting of this Company and be elected, and I attended with my references—I afterwards endeavoured to obtain payment for my clothes—I called several times—I saw Wymark on those occasions, and I saw Hodges—he gave me a cheque in payment, but it was not honoured—I saw him again after that, twice at Hounslow—I saw Wymark at Bridge Street, and he offered to give me an order for a woollen frock coat and to pay me 10s. a week, with Mr. Hodges as security, which I refused—from inquiries I made I went to Hounslow to look after Hodges—after ringing the bell violently for a time he put his head out of the window half shaved—he said, "Boulger, I shall be at the station at a quarter past 9"—I went to the back of the house and got up a tree and watched the premises till he came out—he looked round the house with a horsewhip in his hand, but did not see me—in about half an hour, however, I went round the back way and met him in the High Street—he said, "You must not worry me for money; you know where my office is"—I said, "No, I do not; you have run away from Bridge Street," which he had, and committed waste, every screw was torn off the premises, letterboxes and everything, and the office was closed—he promised me the money in three days—I let him alone for three days, and then went to Hounslow again at 6 in the morning—he was coming away from his door in a cab—he told the cabby to drive on fast—I ran after him and told him to stop—Hodges came out of the cab and said, "Boulger, what are you following me like this for?"—I said, "I have come for my money. I want my cash, or some acknowledgment"—he said, "It is no use troubling me. I told you I was staving off bankruptcy. If you trouble me like this you won't get paid at all"—I asked who was in the cab with him; was it his solicitor?—he said, "No, it is my son," and he was going hunting—he was dressed as if he was going shooting—he said, 8 I would let the matter stand over for two or three days he would send me a cheque for 15l.—he did not, and I went down to Hounslow again, and forced myself inside the house—I saw him in the library about 7.30 in the morning—he said, "I cannot spare a moment. I am going off to the North"—I said, "You must spare a moment, for I do not intend to leave you to-day"—he said, "what will you have to-drink?"—I said, "If you have got anything in the house let me have some brandy," and he gave me some brandy—I stayed in the library, reading a book of my own that I had brought with me, and his little boy came in, for whom he gave me an order for clothing—I gave the little fellow my book, it was about Oxford, I thought it would do the boy. good—I left and went to the station and saw Hodges, and said, "Come, Hodges, the thing is got too stiff now. My partner instructs me, if I do not get some satisfaction, to go to extreme means. If I do not get a bill of acceptance from you you will hear from me in some other course"—he

said, "Why did not you ask to have a bill of acceptance while you were in the house? I have got plenty"—he said, "I am not going back to the house; you will have to come to town for it." So we took the train to Waterloo—I bought a bill of acceptance and drew on him for the 15l.—he accepted it, and I gave it away to a friend to borrow money on it—it has not arrived at maturity yet, and it never will—I afterwards saw Hodges and his son and brother at Mr. Robert's office—I said, "I have come about this cheque. It is returned to me. What can I think of that after what I saw in the paper from Blanchard Wontner? I do not want to turn enemy, can you pay me, anyway?"—he said, "If you wish to have your money you must wait"—I said, "How long? This is not business, I am going"—he said, "For God's sake, Boulger, don't go away like that," and he ran out after me and said, "Wait a minute, till I see Mr. Roberts"—I waited down the passage, and he came and said, "Was not that cheque included in the acceptance of 15l.?"—I said, "Do you think I am here to give evidence for you? I am not in a position to compound a felony. You have had a letter written to you by Mrs. Raymond. If you keep the appointment I dare say she will forgive you, at it is paralysed money that I have got"—I said, "If you do not pay me I. shall go and try to find Mr. Wontner'g address"—he had his umbrella in his hand, and, being afraid of that, I ran across the way into a refreshment place, and his brother followed me and said, "You had better see him amicably and settle it"—I said, "I have done all I could amicably but he won't pay"——about two hours afterwards I went to the station, and I saw Hodges and his son get into a third-class carriage—I got into another division of the same with my back to them, and heard him say to his son, "That d—Boulger is following us. If he comes to Hounslow you must do him in the fields. You go to the left when you get out at Waterloo, I will go to the right, you get out first, and I will follow up slowly"—when they came to Waterloo the son did get out first—I get out at the left hand and Walked on the heels of Hodges—that was the way they carried out their diagram—I went up to him and said, "If you do not see me to-night I shall see St. John Wontner at his address"—I never succeeded in gettting a fraction of my money, and never shall—Wymark told me he was a servant of Hodges—I saw him in that occupation, along with a very respectable looking man, Mr. Moles, the secretary of this Bouldnor Pier Company—about the 29th of March I had a conversation with him respecting a Melton waterproof that he wanted turned—I refused to turn the waterproof, but I accepted an order and submitted patterns, which I left in the hands of the prisoner's brother for selection, but he went into the country.

Cross-examined by MR. GRAIN. I saw Wymark on several occasion acting as servant to Hodges—I have nothing to complain of about him.

Cross-examined by MR. KEOGH. The acceptance was not given to me to take up the cheque—I have lost quite 50l. over this matter—Mr. Hodges did not get into a first-class carriage on the occasion I have spoken of—I believe he is a first-class season-ticket holder, but his son is not, so they went into a third-class carriage—I am quite sure Hodges said that he had invested 12,500l. in this Pier Company—it was not 1,250l.—I mean to say that I would not have made him a suit of clothes if he had not represented to me that he had invested 12,000l. in this company.

JOHN WINTERTON . I am manager to Spencer, Turner, and Boldero,

warehousemen and drapers—about 14th December, 1878, & man named Wilson came and left this card, "C. Ridout, Outfitter and General Draper, Parkstone, Poole, Dorset," and ordered goods to the amount of 70l.—I sent the goods with this invoice in January, 1879—I wrote for the money, and ultimately got a cheque for 80l., which was paid—ill March I wrote for the balance, and received a bank bill for 40l. on the British and Foreign Commercial Bank, City Chambers, Fenchurch Street, signed H. Roberts, manager—it was paid in through out bank And re turned dishonoured—I wrote to Miss Ridout about it on 17th May, and received a reply that it would be attended to—I then went to Fenchurch, Street with the draft and found the bank had gone—I traced it to Walbrook House—I went there and saw Laird—I asked for payment of the draft—he said the manager was not in, no doubt when he returned it would be attended to.

Cross-examined by MR. TORR. There is written on the back, "National Provincial Bank, Wimborne, Dorset"—that was what Miss Ridout gave—I found there was such a bank—I did not find the reference satisfactory—I let her have the goods previous to hating the reference—that is not our Usual practice, but we had known Wilson for some time previous, and from the representation he made to us we were inclined to believe it was all right—we never saw Miss Ridout—Wilson bought the goods for her—he had been in business 15 years ago in Archer Street, Bayswater but from what has transpired since we are inclined to alter our opinion of him—we had lost sight of him for some years—it was on his recommendation in a great measure that I sent the goods.

JOHN JACOBS . I am housekeeper at the City Chambers, Fenchurch Street—in November, 1878, Laird took a small office there on the second floor in the name of Gourlay, and kept It till about 20th January, 1879—he called himself manager of the British and Foreign Commercial Bank—the name of the bank was oil the the door, and also at the entrance hall—a man named Parker used to have a seat in the office—Parker afterwards got 18 months from this Court—I was ft withess—the landlord put in a distress for rent in January last.

Cross-examined by MR. METCALF. I hate not the letting of the offices—I show them—Ellison and Sons, of Fenchurch Street, let them—a Mr. Powell had the office, and he sublet it to Gourlay—the name of Laird was not put up—he was there mostly every day—a person named Marmion was there—he was not the manager—Mr. Gourlay was the only person I knew as the manager—a person named Roberts was in the office for a short time after Packer-Gourlay had the key of the office—I had a duplicate key and went in every evening to clean it.

Re-examined. There were four chairs and a table—it was nothing like a bank—it is quite a small room—there were no clerks.

ST. JOHN WONTNER . I have here a variety of papers which I received from the police during this investigation—there are a number of letters and papers found in the two rooms occupied by Laird and Gear, invoices, letters from Messrs. Green, Overall, Wright, Wiechen, and others—some of Laird's papers were found in Gear's room and some of Gear's were found in Laird's room—on Barnes, Wymark, and Hodges were also found a number of letters and papers that have been spoken to (Mr. Wontner enumerated and explained the bearing of the various document, showing the dealings of the different prisoners and their connection with each other as detained in the evidence.)

THOMAS JAMES PORTER . I am a clerk in the employment of Mr. Clipp, solicitor, of 111, Cheapside—our firm took proceedings on behalf of Spencer, Turner, and Boldero in respect to goods supplied to Miss Kid—out for that purpose I called upon Mr. Wilson, of Northumberland Park, and afterwards at Walbrook House—I there saw Wymark—I think at the entrance downstairs there was painted "Foreign and Commercial Bank"—Wymark was sitting in the bank downstairs—I asked him whether Mr. Wymark ever attended there, and he answered "No"—I then left—I could get no further information—it was a very little office—I think there were two other clerks there—I don't distinguish any one else except Wymark—I saw no other name upon the bank.

MR. WONTXER (Re-examined by Mr. Metcalfe). I think, amongst the papers found in Laird's room, there was one paid bill—I searched to find out everything that was material—to the best of my recollection I found no promissory notes with the names of the acceptor or endorser erased or cancelled, which would be the sign of its having been paid.

GEORGE HARVEY (Police Sergeant M). I received instructions from Inspector Fox to go to Three Crown Square on Monday, 29th December—I went there with Mr. Thompson and Walsh—Gear came in while I was there, and remained about half an hour—he came down again, and I followed him for about five hours, when he met Laird in King William Street with his son—they stood talking together for a few minutes—Mr. Thompson was with me—Walsh took Laird into custody, and I took Gear—I put them in a cab, and read the warrant to them on Mr. Thompson's charge—Laird said, "I have some of the memoranda in my office now, and I intended paying for them"—Gear said nothing—I searched him at the station, and found on him the thirty-two pawn-tickets that have been produced; eight of them relate to the paper that was pledged—I also found 6 1/2 d. on him—Walsh searched Laird—I went to the office, Three Crown Square, with Inspector Fox, and found a lot of papers there, which I gave to Mr. Wontner—some were found in Laird's office, and some in Gear's, and some were found on Gear himself—I went to North Road, Clapham, where Wymark lives—I took a note from Wymark to a young lady at the house, she gave me two bundles of papers, and those I gave to Mr. Wontner—on 22nd January I apprehended Barnes at Springtbourne, Bournemouth—there was a shop there, and a Miss Ridout was living there with Barnes—I have known Barnes for the last 20 years, and he knows me—I had a warrant, and read it to him—it was for being concerned with Laird and Gear in conspiring to defraud a lot of persons—he said "Well, I have been watching the papers in Laird's case daily; I did not think it would come to this; if I had thought it would have come to this I should have left, and if I had seen my name figure in the papers; I began to feel a little bit shaky about it, but I did not think it would come to this"—I had further conversation with him in the house and in the train—I was in his company for about seven hours, and he kept talking the whole of the time—I said "I don't want you to say anything to criminate yourself; don't say anything that you will be afraid to hear of afterwards"—he went on talking after that—he said, "I don't know Gear or Wymark; I have never done business with them; Laird is my friend; he has taken me round to firms where I could get goods, and I have given him cheques and bills of accommodation, but I see no harm in that"—he said, "There are three cases I am afraid of: Overall's,

Wright's, and Macdonald's; Macdonald stopped sending his fish, and I stopped sending my money; if Macdonald Had sent all his fish I would have sent him all my money; that would have been damned little"—he said, "I have often told Laird we had better turn this game up, it was too much money, and let us go in for a straightforward, honest failure; we were going in for a building scheme at Chislehurst, and I was in hopes of coming out of that with about 2,000l."—he said, "Some people are fools in building schemes; they run up a place, borrow 1,000l. or 2 000l. on it, and then go smash; that looks bad; the proper way is to borrow 100l. or 200l. as you go along, as long as it lasts, then, when the people come upon you, you can say, there is your materials, and you can have my labour for nothing"—he said, "Overall's fish was one short when it came; I sued the company for it and got 4s. 6d., which I spent among the porters"—he said, "What I like to get hold of is a man with plenty of money and very little sense; that is, in a business that is going wrong; I would give him his money first, and we would get about 40l. each out of it until it smashed"—he also said "I have been in business in the City some time ago; the police used to watch me there, but I could do them; I would send the goods away by rail, and they would come back to the auction-room; if they had followed the goods they could have found me out"—he also said, "Bless me, Mr. Harvey, if I had known you were coming for me I would have come and met you"—I told him when I went that I was going to search the house for his papers—he took me up into the room where the papers were, and he asked me if I wanted those he had on him—I said, "Yes "and he gave them to me—I brought some away as a sample—there were several piles on the table—I said, "When I came down this morning I got out at Poole Junction and walked into Parkstone, and saw the policeman Birchett, and asked him where Ridout's business was"—he said, "Barnes has taken it over"—I said I could not find it at Parkstone—Barnes said, "That is Miss Ridout I am living with I carried it on in that name till it got too hot, and then I took it over"—I asked him whether he thought it would upset her my coining down and taking him away—he said, "No; she is getting pretty well used to it now; she has seen me taken four times before," and he told me the places where he was taken each time at Ipswich, Exeter, Great Tarmouth, and I forget the other place—he asked me if I thought a solicitor would take up his case without being paid first—I said, "No; I don't think they would"—he said, "I wish they would let me do it for my talkine to them first; I would promise them, but I have not got the money to pay; I used to give a solicitor 1l. or 2l. to write to my creditors to tell them that Barnes and Co. would be winding up, and while he was keeping them shilly-shally I was off and set up somewhere else"—I brought him to London.

Cross-examined by MR. LEVY, When I went to the office at Three Crown Square I saw Gear go upstairs, but I don't know which office he went into; I was in the square—I followed him after that for about five hours—he met with a man with a heavy moustache and they went from one public-house to another on to Tower Hill, and I don't know half the places—Gear did not go into any place except public-houses—I tied up the papers I found in Gear's office myself; they were put into a basket taken to the station, and next morning given up to Mr. Wontner.

Cross-examined by MR. TORR. I am not a Bournemouth man; I have bean there perhaps three times; my place is Poole—Barnes is a towns-man of mine—I cautioned him, and said, "If you go quiet with me I will go quiet; but if you kick up rough I shall, there are plenty of doctors and hospitals in London, they will mend all that we break"—I thought it necessary to tell him that before we started—I told him that I should repeat everything that he said—he went on talking to me after that; he had an object in it, when he thought I was interested in his story he asked me to remove the handcuffs, but I did not intend to do that—he told me that he had once talked a gentleman out of 150l.—I knew what he was, and what he had been—I did not make a note of what he said; I have not told half of it—he asked me what he should tell the Magistrate—I said, "You had better tell the truth"—he said, "I dare say they will draw it all out. "What sort of a man is Mr. Wontner? Is he vindiotive?"—I said, "No, naturally enough, if he gets hold of one end of a tale he likes to see the other"—I did not advise him not to have a solicitor—he asked more than a dozen times to have the handcuffs off, but I thought he might get out of the train if I did; men do escape from trains—I had a severe beating once, and was laid up for five months, and that made me cautious—Barnes was no friend of mine, he was always moving in a higher sphere than was, he had his place burnt down before I started work—I had not seen him for the last 12 years before—I don't know what his connections are, but he gave me a description of what he thought of such men as Wymark; Laird, and Gear—I know he has been hard up for money of late years; I never knew him flush—I said to him, "You don't seem to have much in the shop, Barnes"—he said, "No. If there is anything worth taking they come and take it"—I did not notice the name over the shop, I went in at the side-door—I knew if I let him get on one side of the door and me on the other I should come back without him.

Re-examined. These (produced) are the letters that were delivered to. me at Wymark's; they relate to dishonoured bills and cheques—Barnes said, "Poor Gear is only a drag upon them, they should get rid of him as soon as they can; Laird is a man of iron will, he would dare and do anything and not feel afraid; Wymark is a cunning old devil, always wants a glass of sherry when he meets you, but he has never got any money to pay for it"—I had not mentioned their names to him, but they were in the papers—he volunteered these statements about them—he asked me if we had stopped Laird's private letters, I said, "No"—he said, "I am glad of that, I was afraid there were some there that. would damn me"—he pointed to some that were in the bundles that I had taken from his house, and said, "I should like to have them,"but I declined.

JOHN WALSH (Police Sergeant M). I was in company with Harvey and took Wymark into custody—I told him he would be charged, with Laird and Gear, with obtaining things by fraud—I read the warrant to him—he said, "As for this bill there is part of it paid"—I found on him a number of papers, which I handed over to Mr. Wontner—I afterwards went with Mr. Thompson to the pawnbroker, where the paper was identified—on 4th February, in company with Harvey, I apprehended Hodges at Lambton Road, Hounslow—I showed him the warrant and read it to him—ha said, "I know none of the persons except Wymerk; he came to me with some bills; he came to me a second time, and said he could

get twice as much on them. I struggled against it as long as I could. I have lost about 1,300l. by Laird and Co. at the Isle of Wight. Is Mr. Williamson in custody?"—I said, "No"—he said, "Have you a warrant for my brother?"—I said, "No"—he said, "Mr. Williamson ought to be arrested as well as me. I don't know why the rogues brought me into this"—I asked for all the private papers he had in the house—he at first denied having any—I said we must search the house—he then told his son to go with me, which he did, and opened some drawers, and I took all the papers that were there, put them into a bag, and brought them to Mr. Wontner—next day I went to 30, New Bridge Street, and took a quantity of papers from there, and gave them to Mr. Wontner—the office was shut up when I got there—I had to remain there from about 11 o'clock in the morning till 4.30 before I could get in—Hodges and his son then came, opened the door, and let me in, and then I took possession of the papers-one paper Hodges tore up—I took it to Mr. Wontner.

Cross-examined by MR. KEOGH. The son came first and said he had no key—I said I would wait or would break open the door—then the father and son came together—there was only one little room—he said that was all he had—there were a lot of offices in the building—I don't recollect that there was any name on the door—I heard Boulger describe the state of the door and the general ruin of the place—I did not see anything of that, but I heard from the landlord and the housekeeper that Hodges' furniture had been seized before, and that he bad to leave, the other rooms—Hodges said if he was left till the next day he would have 3,500l.—it was all hundreds and thousand he was talking about in the train.

Re-examined. I only went into the one office that Hodges said he then occupied—I did not go into any other part of the premises—this was on 4th February, the time Boulger was speaking of was in December.

MATTHEW FOX (Police Inspector M). Laird and Gear were apprehended under my instructions, I having a warrant for them—after they were in custody, on 29th November, I went to 6, Three Crown Square—there were two small rooms adjoining each other at the top of the house—"Laird and Co." was on one door and "Gear and Co." on the other; "office hours from 10 till 4 and on Saturdays from 10 till 2"—in Laird's room I found an old table, a chair, and some dusty papers, which I took away and gave to Mr. Wontner—the light was a tallow candle stuck in a bottle—Gear's room was nearly similar; a dirty small room, the furniture was not so good, it was boards put on a trestle for a table—there was no bank and not a shadow or sign of any business—I have had a pretty long experience, and they were about the worst I ever saw—I found a number of papers in Gear's room directed to Laird, and a number in laird's room directed to Gear—when I was first directed to make inquiries in January last year, I examined this place, and then I saw painted on the door leading to both rooms "British and Foreign Commercial Bank"—when I called again it was painted out*

ST. JOHN WONTNER (Re-examined). A bundle of papers was found among those of Laird and Gear, addressed by Mr. McPougal, of Emile Wiecher and Co., Stettin—I communicated with them, and received from them two letters, with a letter attached from the Director of Criminal Investigation; the letters are from 6, Three Crown Squara, on printed letter paper of "Laird and Co., Potato Salesmen, "and the signature is

Laird's, and the body of the letters are in Gear's handwriting—I communicated with other persons whose letters I found, and there was the same thing, the body in Gear's writing, and the signature in Laird's—here are two letters addressed to Laird, asking as to the respectability of Pouche and Co., of Cheapside.

Cross-examined by MR. LEVY. I am not an expert in handwriting, at least, it is not my profession, I have had a good deal of experience—I have never seen Gear write, but I have seen documents which have been put in evidence which have been sworn to as his—there is the order given to Messrs. Wright and Co., which he himself said was his—I can only speak to the writing to the best of my belief—there is a body of County Court summonses amongst the papers.

Cross-examined by MR. KEOGH. It was the letter addressed to Gourlay by Snell and Co., demanding payment of the 600l. bill—that put me on inquiry as to Hodges—that was found among Laird's papers, and I found a similar Jetter on Hodges from the same people.

EDWIN MORGAN (Re-examined by MR. TORR). There was rent owing to me from Laird from last December—I did not take possession of one of the rooms—I went in after they had left—I did not shift any papers—I sent a man to clear the place out—that was after the police had beet there and searched.

GEORGE BARTON (Re-examined by MR. GRAIN). I said at the Police Court, when

Cross-examined by Wymark, "I have changed a cheque flat. you before, and it was all right"—I had done so—I received a letter from Wymark about Shoppery's cheque, stating that he had some doubt of its genuineness, and I was to write to him that I wished to see him; as he did not want his wife to know—I received 10l. in two post-office orders after I had threatened to prosecute him for tendering the fictitious cheque.

The Prisoners' Statements before the Magistrate.—Laird: "If the Criminal Investigation heard anything about Laird and Co. two years ago, as Mr. Wontner says, they should have followed it up. I am not aware that the prosecution have proved anything beyond Thompson's 10s. 6d. or Green and Co.'s 9l. 10s., and a matter of 3s. 6d. The most of the hours I have spent in prison has been taken up with making inquiries. I wish to reserve my defence." Barnes: "I am innocent of the charge. I only know Laird as a friend." Hodges: "I am in no way implicated. I have been a merchant all my life. I have the one misfortune of taking such a servant in my employ. I will go through and clear myself."

WILLIAM HENRY LETHBRIDGE (Re-examined). At the time I was offered the shares in the Lonsdale Building Company I did not know that the mortgagee was in possession—I know it now, to my sorrow—Hodges gave me the shares as a collateral security on the bill—I don't know what the value of the property is—when this bill was offered me, I said to Hodges, "What security have you?"—"The security is some shares to a large amount in the Lonsdale Company, Chancery Lane"—"Are they all right?"—"Yes"—I said, "I have been done enough, I don't want to be done with these shares. Are they taken up?"—he saidf "I have paid money on them, and they are all right"—"I may take your word?"—" Yes; anything you like to put before me, any written document I am willing to sign; if these shares are not right you can do what you like with me; "and it was on these conditions I advanced the

money on the bill—I afterwards ascertained that the mortgagee was in possession of this very property upon which this Company was supposed to be brought out—there is no such Company now—I don't know what the chambers have been valued at—there is a wonderful difference between the value of property and the value of shares in a Company—I should not mind advancing money on the property.

Witnesses for Hodges.

JAMES PETTINGILL , I am a solicitor—I have known Hodges three years—Messrs. Peto Brothers are under agreement to pay him 7,000l.—the agreement is dated 7th February, 1878—the time for payment has not yet oome, and he cannot enforce payment until certain buildings are erected—it is 6,766l.—Messrs. Peto erected chambers in Chancery Lane, called Lonsdale Chambers, and it is an agreement upon that—from my knowledge of him I am surprised to hear this charge.

Cross-examined. The debt was assigned to me by Hodges on 28th September, 1878, on certain terms*—I did not advance money on it—I did not know his circumstances at that time—I did not know that he was borrowing or in a state of impecuniosity—he represented himself as well to do, and I understood he had good property under contract—I had no occasion to inquire into his circumstances—I acted for him in certain matters—I was not aware that he had a traveller named Wymark, or that he had dealings in needles, boots, or pianos—I understood he was interested in landed estates, buying and selling—he told me that Peto Brothers had agreed to pay him a commission of 7,640l. for introducing to them the proposal for the erection of Lonsdale Chambers, the value of which depended entirely upon the—result of the measurement of the works when completed, and the payments made to Peto Brothers of the full contract price by the Midland Land Society—I do not know the value of the shares in that society—it is matter of public notoriety that there is such a company—the "matter is in the hands of surveyors—I sued Hodges last June for a bill of costs; I was paid a portion and some remains due—the money was obtained under an execution on the premises in New Bridge Street, in June, 1879, I think—he paid afterwards without proceedings—this (produced) is the lawyer's letter which produced the money.

By the COURT. The Lonsdale Chambers Company entered into an agreement with the Midland Land Corporation to advance money to Peto Brothers at contract price, and the Midland Company are the mortgagees of Lonsdale Chambers—the Midland Land Company advanced the money to the Lonsdale Chambers Company—it is leasehold from the Ecclesiastical Commissioners on a building lease; the Midland Land Corporation finance it; they agreed to find the money and it is paid through the hands of the Lonsdale Chambers Company—they did not want to call up all their capital at once—my bill was paid about May, 1879—Peto's were to be paid, I think, 77,000l., and they have had about 58,000l.

WILLIAM HODGES . I am Hodges's brother—he has been engaged in London as a merchant for a considerable time, and I am associated with him—he was bringing out the Bouldnor Pier Company—that is in the Isle of Wight on the north side—this is the certificate of incorporation (produce)—my brother has advanced 12,000l. or 13,000l. in hard cash upon it—the capital is 58,000l. in 10l. shares—it was not a success, because we had not the opportunity of carrying it to its end, and the

Laird's, and the body of the letters are in Gear's handwriting—I communicated with other persons whose letters I found, and there was the same thing, the body in Gear's writing, and the signature in Laird's—here are two letters addressed to Laird, asking as to the respectability of Pouche and Co., of Cheapside.

Cross-examined by MR. LEVY. I am not an expert in handwriting, at least, it is not my profession, I have had a good deal of experience—I have never seen Gear write, but I have seen documents which have been put in evidence which have been sworn to as his—there is the order given to Messrs. Wright and Co., which he himself said was his—I can only speak to the writing to the best of my belief—there is a body of County Court summonses amongst the papers.

Cross-examined by MR. KEOGH. It was the letter addressed to Gourlay by Snell and Co., demanding payment of the 600l., bill—that put me on inquiry as to Hodges—that was found among Laird's papers, and I found a similar letter on Hodges from the same people.

EDWIN MORGAN (Re-examined by MR. TORR). There was rent owing to me from Laird from last December—I did not take possession of one of the rooms—I went in after they had left—I did not shift any papers—I sent a man to clear the place out—that was after the police had been there and searched.

GEORGE BARTON (Re-examined by, MR. GRAIN). I said at the Police Court, when

Cross-examined by Wymark, "I have changed a cheque for you before, and it was all right"—I had done so—I received a letter from Wymark about Shoppery's cheque, stating that he had some doubts of its genuineness, and I was to write to him that I wished to see him, as he did not want his wife to know—I received 10l. in two post-office orders after I had threatened to prosecute him for tendering the fictitious cheque.

The Prisoners' Statements before the Magistrate.—Laird: "If the Criminal Investigation heard anything about Laird and Co. two years ago, as Mr. Wontner says, they should have followed it up. I am not aware that the prosecution have proved anything beyond Thompson's 10s. 6d., or Green and Co.'s 9l. 10s., and a matter of 3s. 6d. The most of the hours I have spent in prison has been taken up with making inquiries. I wish to reserve my defence." Barnes: "I am innocent of the charge. I only know Laird as a friend." Hodges: "I am in no way implicated. 1 have been a merchant all my life. I have the one misfortune of taking such a servant in my employ. I will go through and clear my self."

WILLIAM HENRY LETHRBRIDGE (Re-examined). At the time I was offered the shares in the Lonsdale Building Company I did not know that the mortgagee was in possession—I know it now, to my sorrow—Hodges gave me the shares as a collateral security on the bill—I don't know what the value of the property is—when this bill was offered me, I said to Hodges, "What security have you?"—"The security is some shares to a large amount in the Lonsdale Company, Chancery Lane"—"Are they all right?"—"Yes"—I said, "I have been done enough, I don't want to be done with these shares. Are they taken up?"—he said, "I have paid money on them, and they are all'right"—"I may take your word?"—" Yes; anything you like to put before me, any written document I am willing to sign; if these shares are not right you can do what you like with me;" and it was on these conditions I advanced tie

money on the bill—I afterwards ascertained that the mortgagee was in, possession of this very property updo which this Company was supposed to be brought out—there is no such Company now—I don't know what the chambers have been valued at—there is a wonderful defference between the value of property and the value of shares in a Company—I should not mind advancing money on the property.

Witnesses for Hodges.

JAMES PETTINGILL . I am a solicitor—I have known Hodges three years Messrs. Peto Brothers are under agreement to pay him 7,000l.—the agreement is dated 7th February, 1878—the time for payment has not yet come, and he cannot enforce payment until certain buildings are erected—it is 6,766l.—'Messrs. Peto erected chambers in Chancery Lane, called Lonadale Chambers, and it is an agreement upon that—from my knowledge of him I am surprised to hear this charge.

Cross-examined. The debt was assigned to me by Hodges on 28th September, 1878, on certain terms—I did not advance money on it—I did not know his circumstances at that time—I did not know that he was borrowing or in a state of impecuniosity—he represented himself as well to do, and I understood he had good property under contract—I had no occasion to inquire into his circumstances—I acted for him in certain matters—I was not aware that he had a traveller named Wymark, or mat he had dealings in needles, boots, or pianos—I understood he was interested in landed estates, buying and selling—he told me that Peto Brothers had agreed to pay him a commission of 7,610l. for introducing to them the proposal for the erection of Lonsdale Chambers, the value of which depended entirely upon tip—result of the measurement of the works when completed, and the payments made to Peto Brothers of the full contract price by the Midland Land Society—I do not know the value of the shares in that society—it is matter of public notoriety that there is such a company—the "matter is in the hands of surveyors—I sued Hodges last June for a bill of costs; I was paid a portion and some remains due—the money was obtained under an execution on the premises in New Bridge Street, in June, 1879, I think—he paid afterwards without proceedings—this (produced) is the lawyer's letter which produced the money.

By the COURT. The Lonsdale Chambers Company entered into an agreement with the Midland Land Corporation to advance money to Peto Brothers at contract price, and the Midland Company are the mortgagees of Lonsdale Chambers—the Midland Laud Company advanced the money to the Lonsdale Chambers Company—it is leasehold from the Ecclesiastical Commissioners on a building lease; the Midland Land Corporation finance it; they agreed to find the money and it is paid through the hands of the Lonsdale Chambers Company—they did not want to call up all their capital at once—my bill was paid about May, 1879—Peto's were to be paid, I think, 77,000l., and they have had about 58,000l.

WILLIAM HODGES . I am Hodges's brother—he has been engaged in London as a merchant for a considerable time, and I am associated with him—he was bringing out the Bouldnor Pier Company—that is in the Isle of Wight, on the north side—this is the certificate of incorporation (produced)—my brother has advanced 12,0001. or 13,0001 in hard cash upon it—the capital is 58,000l. in 10l. shares—it was not a success, because we had not the opportunity of carrying it to its end, and the

money expended by my brother has been a total loss—the cost of printing and plans was very excessive—my brother was the real purchaser of the Basingstoke Canal, and I was the nominal purchaser, in pursuance of which 1,500l. was paid as a deposit, which my brother found, and as the contract for the purchase was not carried out he had to forfeit the deposit—I have not seen these pawn-tickets, but some very impecunious persons watch about the office, much more impecunious than himself, and I am bound to say that I myself have purchased a few of them, and have them at my house, and he told me he had purchased tickets or advanced money on them, I don't know which—he lives at Hounslow, and pays 60l. or 100l. a year rent—he is married, and has a grown-up family; if you want a sample, there is his eldest son.

Cross-examined. The house and furniture belong to his sister—he has another brother, but not in England—I leave it to your common sense what he meant by saying, "Have you a warrant for my brother?"—I saw Gourlay about twice—that is he (Laird)—I never spoke to him till he came to sign the articles of association—previous to this my brother had been very successful, and made large amounts of money—he never had any silver napkin-rings—I think you will find that he purchased the pawn-tickets instead of pawning the rings; I have done so myself—there is a clerk named Hughes at 7, Danes Inn—I do not buy County Court Judgments—Mr. Godbold is the nominal proprietor of 7, Danes Inn; he was one of the original connections of the Lonsdale Company—he is an impecunious gentleman, and has pawned a gold Albert for 8l.; my brother bought the ticket and made a dead loss by it—I was in partnership with my brother in the Bouldnor Company—this lettet is addressed to Mr. Davis, but he was not taken in by it, and did not become a subscriber (This was signed "T. and W. Hodges" asking Mr. Davis to sign the articles of association in the Bouldnor Company for 10 sharest and offering to bear him harmless and free from all calls upon them)—you are going upon something which is wiped out and obsolete—I have had some experience in getting up companies—I do not know whether it is usual to get a man to subscribe by offering him shares free of all charge and fully paid up—I never saw Gear till he was in the dock—I knew Wymark 30 years ago travelling for my brother, who gave him an order for some shoes—I do not know that he pawned them, nor do I believe he did; I heard it yesterday for the first time—I do not know which is Grouer, on my oath—you heard a great deal more than was true yesterday—there was no "Co."—Hodges showed me a document with "T. Hodges and Co." on it—there was no such firm.

WILLIAM MATTHEW HODGES . I am the defendant's son, and am 22 years old—I finished my articles with Mr. Currie, an architect, of Norfolk Street, Strand, on 31st December—he is very well known in the profession—I have been in Court almost the entire trial—I never till yesterday heard the story of Mr. Boulger going up a tree—it is a perfect fabrication from beginning to end—I met him in the road as I was going to the station, and my father went with me—he never on any occasion when I was with him got into a third-class carriage, and travelled with my father to London—I have been a first-class ticket-holder on that line for four yean (producing his ticket)—I did not go to Waterloo; I went to Gunnersbury—I did not travel in a third-class carriage.

Cross-examined. I really do not know what he ran after the cab for—

my father got out and spoke to him—my father did not keep me in the dark about it.

GEORGE BLACKTON . I am a solicitor, of Lime Street. I have known Hodges 10 years—he has always been honest in his dealings with me.

Cross-examined. I have defended and brought actions for him—I was solicitor to the company—I do not know Laird or Gourlay, either as a signatory or a director—I attended one meeting of directors—Laird was not one or them—my clerk attended the other meetings—I did not know of the letter being written stating, "In consideration of your signing the Articles of Association for 10 shares we undertake to hold you harmless," etc.—I should not do that, but it is done—I do not think it is dishonest, because there must be seven men to make a company, and more to regulate the company—if seven men take a share each it goes to the public, but it does not take any one in—I should not consider that arrangement an honest transaction if it went to the public, but it was not going to the public—the gentlemen who have done that are not put before the public; they are law clerks, or persons of no position—you would not see them on the books—the list of shareholders is a separate document—I do not think it would influence your mind to find out that they were to be held free—I do net think that is honesty—no shares were ever issued.

Other witnesses deposed to Hodges good character. Laird also received a good character. GUILTY . HODGES— Twelve Months' Imprisonment, and the other four prisoners— Five Tears each in Penal Servitude,

1st March 1880
Reference Numbert18800301-303
VerdictGuilty > pleaded guilty

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303. ANDREW ARNOLD (39) PLEADED GUILTY to unlawfully falsely attempting to account to his trustee for certain fictitious losses.— Two Months' Imprisonment.

1st March 1880
Reference Numbert18800301-304
VerdictGuilty > pleaded guilty
SentenceMiscellaneous > sureties

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304. EDWARD ROSSITER to unlawfully publishing a libel of and concerning George Lane.— To enter into recognuances to appear and receive judgment if called upon. [Pleaded guilty: See original trial image.]

1st March 1880
Reference Numbert18800301-305
VerdictGuilty > pleaded guilty

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305. DANIEL MURRAY (40) to having in his possession certain housebreaking instruments, having been before convicted at this Court in January, 1878.— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.] And

1st March 1880
Reference Numbert18800301-306
VerdictGuilty > pleaded guilty

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306. CHARLES JAMES DAVIS (46) to two indictments for feloniously forging and uttering two undertakings for the payment of money with intent to defraud, having been before committed at this Court in June, 1870.— Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]

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1st March 1880
Reference Numbert18800301-307
VerdictNot Guilty > unknown

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307. GEORGE STONE (48) , Unlawfully incurring a certain debt and liability, and obtaining credit by means of false pretences.

MR. HICKS Prosecuted; MR. RAVEN Defended.

ALFRED CUTTELL . I am an iron dealer at 57, Picton Street, Camber—well—I know the prisoner; he has an iron foundry in the Walworth Road; I had had dealings with his brother Joseph who is dead; he came to me after his brother's death in March last year, looked at a stack of iron, and asked what I wanted a ton for it—I said "Two guineas a ton"—he said "Well, if you like to let me have these goods, I don't want a month's credit like my brother, I have some very heavy orders in, and we can use 20 ton of iron a week, and if you like to sell me these goods there is your money in a fortnight"—I said "You can have the goods for a fortnight's credit"—I sent him the goods by my carman from the beginning of the week—I have invoices here for every load; I cannot read or write; I put

ray mark—these invoices wore made out by my niece—I left all the writing to her; my carman can neither read or write either—I sent the prisoner the whole stack, close upon 30 tons—I told my carman to take it to Mr. Stone—a fortnight afterwards I went down for my money; I saw the prisoner; I said "Good morning, Mr. Stone"—he said "I am sorry to say I got disappointed, and I shall have to go out and borrow the money to pay the men"—I said "Can't you borrow a few pounds for me at the same time?"—he said "You will be sure to have your money next Saturday"—next week they sent for more goods, and I believe they had three loads—I went there on the following Saturday, and suw Mr. Stone—he said "I don't know what to say to you, Cuttell; I expect a cheque in, and as soon as I get it you shall have your money"—I said "I hope you won't disappoint me"—no cheques came, and I sent my good lady down on the Monday, and day after day—I did not see Stone till after I got this notice of a meeting of creditors (Dated May 1st)—my niece read it to me—I went to the meeting with Mr. King, a lawyer in Walbrook, but I did not stop—he signed the notice, but I cannot read his signature—not getting any money I put it into Messrs. Locksly and Morley's hands, but I changed again, and my present solicitor is Mr. Shepherd, who instituted the criminal proceedings—I send out a weight note by my carman, and he brings it back—this is one of them (produced)—I know my own billheads.

Cross-examined. I cannot sign my name—the signature to this first invoice is not mine—I do not know who wrote it—my men generally sign my receipts—the firm I dealt with was Stone—I cannot say whether it was Joseph Stone or J. Stone and Son—I do not keep books and cannot keep my accounts in my head—I cannot say whether I dealt with Stone and Son in 1874, 1875, or 1876—I have served them with a lot of goods, but I cannot give the dates—I have not dealt with them for 10 years; I cannot say as to four years, but I have for three years—I know that Joseph Stone. died in January, and 17l. was due from him to me on a bill—that has been paid—10l. was paid to me by the men before George Stone came and bought these goods of me; he made the false pretence on 31st March, after which one payment was made of 7l., that was part of Mr. Stone's debt—this is the receipt, it is dated 12th April—I sent in my account simply to Mr. Stone—I knew that old Mr. Stone was dead when I was at the police-court, but I cannot say the date when he died—I knew that he was nearly bedridden before he died, and did not come to his office at all, but I saw him there at the time my goods were going in—I cannot say whether I saw him there in November—to the best of my judgment I first knew that he was dead between two and three months before George Stone had this iron of me—I only went for the money; I sent my carman with the orders mostly, and I have gone with him—I generally saw Miss Stone, the niece, when I went there—she used to attend to the books and sign the receipts—the iron went on being delivered for three weeks, and the dates are on the notes—I delivered some and some their carman fetched—I had never sold any iron to George Stone before, he had only acted as a servant I thought before—he had been into my yard before and ordered iron; he always said it was for his brother, but this time he bought it for himself—I could not hear what my wife said at the police-court, she was taken so ill and I am slightly hard of hearing—she was. present when those false pretence? were made, and so was my niece—I have not talked the matter over with my

wife since; I only told her to speak the truth—I may have forgotten one or two words at the police-court, bat I think I have said almost the same today—when I went with the carman the iron was always unlocked in Mr. Stone's yard and put on the stage—I do not know whether a Mr. Caroline supplied iron to the prisoner at this time, bat he did afterwards, and he told me he got ready money for his goods—Mr. Cross and Mr. Jewell also supplied some—when the iron had been sent in a fortnight, I saw him and his niece—I did not know that the estate was being carried on by trustees, or I would never have let the iron go—I found out that old Mr. Stone had left a son who I knew as a boy about the yard, but I did not know who he was—it is impossible for me to say whether every one of my bills was not sent out to J. Stone; they were supposed to go to George Stone, but my niece sent them out by my authority—I gave bit no special instructions, she reckoned them up—I don't think they were made oat to either J. or G. Stone—I did not instruct Mr. King to write to Stone—I do not know whether he did so—I did not instruct him to act for me—I went to him to see what he thought of it—I was afterwards advised to have nothing to do with him, and went to Lockley and Manser, who wrote to the defendants by my authority—I afterwards changed and went to Mr. Shepherd—I cannot say whether I waited six months before I took criminal proceedings, or till I found that the estate would not pay any dividend—I am ignorant of the affair altogether—I do not know who signed my weight notes—I never asked Miss Stone for more orders, they always came to me, and I sent as much iron as I possibly could for three weeks—iron was sent in after the fortnight's credit had expired.

Re-examined. I thought I was dealing with George Stone, I did not think he was the executor—I don't know what an executor is—it was on the faith of the representation that he was doing business on his own account that I parted with my goods—I thought he had his brother's business—no one is helping me in this case—I know Whiteley, he owes me money; he recommended me to Shephard.

FRANCES GAUNTLET . I am a niece of Mr. Cuttell, I make out his bills—this bill is mine, this other is not—this red book is in my writing, it Is a copy of the receipts sent in with the weights—I have seen this writing, J. Stone, before, but I do not know who did it—28 tons of iron were sent, total 59l. 6s. 9d.

Cross-examined. I make these receipts out, my uncle instructs me what the amounts are, and who to be sent in to—this was done by his orders, and I sent them to Mr. Stone—I have never been to the works, but I have seen a sign—board outside, "J. Stone, iron—founder."

DAVID HENRY STREET . I am Mr. Cuttell's carman; on 31st August, by his orders, I took down van loads of iron on various days, and delivered them at Stone's yard—I took one of these notes with each load—a woman signed them in the office—when I came into the yard I saw the prisoner—I did not know him as George Stone—they called him uncle—he told me to ask Cuttell to send the iron in faster, and there was his money for it—I heard my master ask the prisoner if he could oblige him with money—he said he could not, for the cheque had not come in, and he had to borrow money for the men and the cornchandler.

Cross-examined. That may have been a week or 10 days after he had supplied the iron—I took no more iron after that.

ELIZABETH CUTTELL . I am the prosecutor's wife—I was present 011 31st March in our room when the prisoner came down and asked my husband if he would sell him some cast scrap iron, and if he could do 20 ton a week; he did not want it on the same terms as his brother, he could pay once a fortnight—he said, "Mine are ready—money goods; I have cleared my brother's expenses, and I am going to start fresh; you can be sure of your money, as I will be answerable for it"—he said he wanted it immediately, and my husband sent it in—there was an account owing by Joseph Stone, but I was not aware but what it had been paid—on 1st April the defendant came to our house with his carman and a van and asked me to let him have some goods—I told him I could not, as my husband was not at home, and I had nobody to load them—he went away, and sent his carman in the afternoon—my husband sent the goods—he sent his carman on 4th April for two loads.

Cross-examined. I had seen him before, and I had seen Miss Stone once before—I had been to their place of business; that was in old Stone's life-time—this interview took place in our room—my husband took the prisoner, out to see the stack, and they returned and finished the conversation.

JOSEPH CLAYTON . I am a builder, of 96, Portland Street, Walworth—on 8th March, 1879, the defendant came to me to repair a gateway leading to his factory, 275, Walworth Road, and to repair the house for the widow of Stone to live in on 25th March—he said he would see me paid; he said nothing of Stone's executors—I did the work, asked for the money, and received notice of a meeting of creditors—I was not paid—I did not go to the meeting—I knew Joseph Stone, who died—I should have done the work if I had been asked to do it for the executors.

Cross-examined. I said at the police-court, "I expected to get my money from Mrs. Stone," but Mr. Stone promised to see me paid—I had had dealings with old Stone—I knew he was dead—I had had no dealings with the defendant—I sent in the bill made out to Mrs. Stone.

CHARLES MILLER . I am a partner in a firm of merchants in the Coal Exchange—we had an order which was in writing on 18th March, in consequence of which we delivered two tons of coke to the defendant—I saw Miss Stone—we supplied it to J. Stone—I did not know who J. Stone was.



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