QSR1888/3/5/6

Depositions of David Jaquest, head constable of Luton, Martin George Hyde, of Pondswick Lane, Luton, Fanny Hyde, Elias Hill, builder's foreman of Luton, Charles Rogers, Inspector of Police of Luton, William Chamberlain, detective officer of Luton, John Costy, lodging house keeper of Luton and John King, police sergeant of Luton. Statements for the defence from Heber Cook and Albert Cannon Smith. In the case of George Smith accused of stealing a quantity of building wood.

6 June 1888

From: 1888 To: 1888

Fanny Hyde: wife of Martin George Hyde and they lived opposite 2 new houses which were being built. Smith lived another 4 doors away. On Sunday around daybreak she believed someone was in her house and got up to look. She saw Mr Smith picking up wood in the house opposite. He was in the front room downstairs and in uniform. She watched him; he came out and went towards his own house carrying the wood. It was a small bundle of different lengths. [cross examination] she had not know Smith before she had gone to live in the street. She did not recall Smith warning her when she had kept a public house about the way she managed it. She distinctly saw Smith picking up the wood. She did not know if he was carrying a basket as well. Martin George Hyde: husband of the last witness and late of the Jolly Toppers public house, now of Pondwick Road. On Sunday morning he saw the policeman with an armful of wood coming from the doorway opposite. It was just getting light. The PC had a cape on his arm and his uniform on. [cross examination] he did not know Smith at the time he kept the public house and he had only know Smith for 3 or 4 weeks. He saw Smith on the doorstep. Elias Hill: a building foreman in the employment of W Keast of Luton. Mr Keast was building 2 houses in Pondswick Lane and he had been superintending and working there. On Saturday about 4.30pm he began clearing the houses out and took the lathes etc. and odd wood into the other house. He left about 8pm. On Monday about 6am he started work. About 10am he examined the lathes and wood and it was clear that a considerable quantity of wood had gone. He had reason to believe the wood was in the house of Smith opposite and he went to Smiths house. They only thing they found was the one piece of wood. He identified this wood as he had worked late and had a piece of candle to work by and the candle had splashed. There had been hundred of pieces of wood in the building and he could identify the grease spots and nail marks on the wood. Charles Rogers: an inspector of police in Luton. On Monday 4 June about 11am he accompanied Elias Hill to Smith’s house. Smith was home with his brother. He told them he had a search warrant. In the back kitchen they found a piece of wood which Elias Hill swore to. Smith said his brother had brought it back from the stable. His brother confirmed this. Asked what stable, Smith replied Cosby’s in Burr Street. The same morning Hill pointed out the building from which the wood had been taken. The nail marks on the wood corresponded to where a piece was nailed to a window in the new building. [cross examination] Hill took out the search warrant. He had suggested it due to a rumour he had heard of the case. Only one piece of wood was found and Hill identified it by grease spot made by his candle. William Chamberlain: a detective officer of the Borough of Luton police force. He went to Smith’s house with Hill and Rogers. Hill said that he could swear to the piece of wood but Smith said his brother had brought it home from his stable. Smith’s brother confirmed this. He saw that the wood fitted and the nail marks corresponded when tested against the window. John Cosby: a beer house keeper at Luton. He let Smith’s brother a stable in Burr Street. Smith’s brother keeps a horse there but no wood. The piece of wood produced did not belong to him but the wood may have been there for all he knew. John King: a sergeant in the Luton police force. He was in charge of the station on the Saturday night and Smith was on duty until 3am on the Sunday morning. Statement of the accused: nothing to say. Witness for the defence – Heber Cook: a builder residing at Lea Road. He was Smith’s landlord. Smith had come in September and there had been 5 or 6 pieces of wood lying about the house. He left them in the coal place as Smith had asked him to. He had since sold Smith’s brother odds and ends of wood to do up the hen house. Albert Cannon Smith: he lived with his brother George and recognised the piece of wood produced. The wood had lay in his brother’s coal hole at least 6 months. About a month before he had used it to nail over a sitting hen. A week before he had taken it to use in the stable to nail up some pigs. He fixed that piece as a shelf to put his candle on. It stayed in the stable for about a week and then he brought it back home. The nails were as he left them.

8 pages

item

Smith, George,
Jaquest, David,
Hyde, Martin George,
Hyde, Fanny,
Rogers, Charles,
Chamberlain, William,
Costy, John,
King, John,
Smith, Albert Cannon,
Cook, Heber,
Keast

LUTON, Luton Pondwicks Road, police constable, Round Green Jolly Toper, stealing, wood, foreman, lodging houses