Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 04 October 2022), October 1869, trial of LOUIS SAUMADE (59) (t18691025-954).

LOUIS SAUMADE, Breaking Peace > threatening behaviour, 25th October 1869.

954. LOUIS SAUMADE (59) , Feloniously sending, on 6th February, letter to Charles Ochse, threatening to murder him. Second Count—Demanding money, with menaces, without any reasonable and probable cause.

MR. POLAND. conducted the Prosecution; and MR. MONTAGU WILLIAMS

the Defence.

CHARLES OCHSE . I am a fancy goods dealer, of 166, Piccadilly—I have been a little over four years in the country—before that I lived at Paris, and had some business transactions with the prisoner there—he lives on big income—I know his writing—in February last I received this letter by post, at Piccadilly, in this envelope—it is signed by the prisoner—the signature only is his—(The letter was translated by an interpreter as follows, "Great thief. Before killing thee I give thee fair warning. Boulevard, Montmartre, Saumade")—that is his address in Paris—on 30th April I received this other letter—the signature only is by the prisoner (Transmitted: "Paris, April 30, 1869. Great thief. If thou wilt not send me some money I will threaten thee")—that letter was brought to me by a gentleman—I had not seen the prisoner between the two letters—about 30th September, it was four weeks last Wednesday, I was in my parlour, and he came into the shop—my wife would not let me go out—she went out and spoke to him (I had last seen him in England about a year and ten month ago)—a constable was sent for, and he was given in custody—I cannot say what day that was, but it was about two hours before I went to the Police Court—I only came out of the parlour when the constable was there, after my wife had given the prisoner in charge.

Cross-examined. Q. Under what name do you carry on business? A. Bernstein Ochse—my name is Charles Ochse—I have known the defendant six or seven years—money has passed between us, going and corning—I do not know if I owe him anything yet—I am morally indebted to him at the present moment—I had business transactions with him, and I failed—he was a creditor, and my books were offered back to me by the official assignee, which I considered as a discharge—he deposited with me a sum of 2500 francs, Italian Stock, and I returned him 1800 francs—the rest pasted in business—this (produced) is my writing—as my books were given back, I cannot say whether the money paused in business, and whether I an not his creditor—I have got my discharge—I have very often expressed my regret that I have not paid him—that is four years ago—it is over four years since I left Paris—I left of my own accord—I owed money when I left—it could nut be so much as 276,000 francs—that was the reason I left—I was not tired of Paris, that I know of—I was not tried, and sentenced to four years' imprisonment, par contumacy that I know of—this is the first time I have heard of it—I do not know that I was tried as a fraudulent bankrupt—I carried on business at 32, Rue Vivienne—I understand the French language—this copy of the "Gazette des Tribune" (produced) refers to me—this is the first time I have heard of my being sentenced to two years' imprisonment—I have not, that I know of, been cross-examined lately in reference to this very fact—I know Mr. Lewis, who is sitting next to you—I have been examined in a Reference going on at the present moment, and I gave the same evidence—I may have been asked whether I was tried, in my absence, for fraudulent bankruptcy, and I gave the same

mater; I said that never heard of it—I have never been a fraudulent bankrupt—Mr. Lewis said, "Have you ever been tried?" and I said, "No, sir"—if he put the question whether I had ever been charged as a fraudulent bankrupt, I told him not to my knowledge; but I cannot say if he did or not—the body of these letters is not In the prisoner's writting—he can read, certainly, for I remember he always read the receipts over-five or six years ago, to my knowledge he read receipts over; but he could only write Was name—he has lived at that address at Paris for many years—this is October, and I have not been over to Paris to take any steps—I was last in Paris a little over four years ago—I never had occasion to go back them.

MR. POLAND. Q. You were in pecuniary difficulties in Paris, and came over to England? A. Yes.

ROSALIE OCHSE . I am the wife of the last witness—the prisoner came to the shop on the day he was taken, and wanted to see my husband—I told him he would, not see him, as he had written him threatening letters, to kill him—I begged him to leave the shop, and said that what he wanted he could tell me, as I would not let, him see my husband if he stopped all day—he would not go—I tried to take him by the arm and push him out, but I could not—I told the shopman to fetch a policeman, which he did, and then my husband came out of the parlour and gave him in custody-spoke in French, as be can joint speak English—I told him at the police-station, at the inspector's request, that he was taken in charge was writing threatening letters to my husband, to get money and to murder him—he said, "I sent those letters because he will not give me any money"—I had seen him in our house about a year and nine months before.

Cross-examined. Q. Where is this business carried on? A. In Piccadilly, just opposite Bond Street—it is for fancy goods, and gloves for ladies and gentlemen—we get some of our goods from Paris—I have not been to Paris for twelve months—I have not lived in the Rue Vivienne—I have only been married four years—the shop is carried on in the name of Bernstein Ochse—my name was Bernstein before I was married—the prisoner was not very long in the shop, only while I spoke to him to leave, and while the policeman came—he wanted to come into the house, but I would not let him—my husband was iu the book parlour, with the door shut—the prisoner waited till the policeman came—he would not leave.

MR. POLAND. Q. Did you tell your shopman to go for a constable in English or French? A. In English, I think—I saw that theirs was something heavy in the prisoner's pocket.

SIMON CARPENTER (Policeman G 81). I was sent for to the prosecutor's shop—I forget the date, but the prisoner was taken before the Magistrate the same day—I did not search him—he was taken to the House of Detention the same day that he was taken up.

JOHN HALL . I am sub-warder in the House of Detention—the prisoner was brought there on Wednesday, 29th September—I searched him, and found on him a six-chamber revolver, with five chambers loaded with powder and ball—the Governor drew the charges.

MR. WILLIAMS contended that the second Count could not be sustead, as the prisoner did not demand the money without a reasonable and probable. THE COURT considered this objection to be a good one, and therefore directed the Jury to confine fair attention to mercy first Count.

GUILTY on the first Count. Strongly recommended to mercy by the Jury, on account of the provocation, and of his not understanding English law sufficientally Judgment Respited.