Offence: Miscellaneous > perverting justice
Verdict: Guilty > no_subcategory; Guilty > lesser offence
Punishment: Imprisonment > penal servitude; Imprisonment > hard labour; Imprisonment > hard labour
70. EDWARD LAWERNCE LEYY (58), DANIEL LEVY (28), HENRY LEVY (26), JOHN BROWN (38), and FREDERICK JOHN KINGWELL (35) , Unlawfully conspiring to prevent the due course of law by suborning persons to commit perjury.
SIR H. GIFFARD, Q. C., and MR. BESLET Prosecuted; MR. POWELL, Q.C., and MR. BIBON appeared for E. L. Levy; MR. DIGBV SEYMOUR and MR. DARLING for Henry Levy; MR. FULTON for Daniel Levy; MR. CHARLES MATHEWS for Kingwell; and MR. GEOGHEGAN for Brown.
CHARLES HILL . I was examined at Guildford in July last as a witness on the trial of Hall. The South Eastern Railway Company—that was an action for negligence by a collision alleged to have occurred on 1st March—I had not seen the accident—I heard of it about a month before the trial from a Mr. Farmer—two or three days after I met Farmer he and I met Kingwell near Aldridge's—Farmer said "Here is Charley Hill," and Kingwell said to me "Do you want to be on the job?"—I said I did not understand what it was about—he told me it was a trap that met with an accident in the Waterloo Road with one of the South Eastern Railway vans; that an omnibus was standing at the
corner of York Road, letting down passengers, and a cab was passing the head of the horse, and the trap was coming out of Stamford Street, the bus standing there prevented him from crossing to go to the Waterloo Station; that he pulled up at the rest in the middle of the road, the South Eastern van was coming from Waterloo Bridge racing Carter and Paters; n's van, and was going at a great speed; it being rather slippery he could not pull up; that the horse slided, and the van caught the trap under the seat where the driver was sitting and upset it; that King well took the driver over to the doctor's and afterwards to the hospital—if I was asked if I knew the man who took him I was to say I did not, but he was a big man, and if the case was won there would be a sovereign a day—we said we did not understand the case, and King well said "Well, come over to my house and I will show you," and we went to his house in St. Martin's Lane—he said "Have you got a piece of paper? and I will draw a plan so that you can see"—I said "No, but I have got a pocket-book," which I gave him, and he drew this plan in it" (produced)—I tore this leaf out afterwards and gave it to Mr. Bendall, of the South-Eastern Railway Company—Farmer said to Kingwell "I do not quite understand it now, Fred "—Kingwell called him to the window and said" Look here, why you are like a chump of wood, you do not seem to understand the case at all; do not you see it as plain as possible 1 here is the trap, here is the van, there is Carter and Paterson's van, there is the 'bus," and so he described it all—I will show you by the book—he said "It is as plain as possible; the van was racing down from Waterloo Bridge, a 'bus was standing opposite the Waterloo Hotel, a cab was passing the horse's head, the trap was obliged to pull up at the rest through the 'bus and the cab being there, the South-Eastern van coming down at such a pace that the driver could not pull up his horse in time, or else there was plenty of room for him to pass in the rear of the van, caught the trap under the driver's seat, and upset them, and took them to the doctor's "—he repeated what he said before, and said "Here is York Road, here is the agent's, there is the doctor's, and it is quite plain for you to understand "—then we walked towards Long Acre, where we met E. L. Levy—Kingwell said to him "Here are two gentlemen, witnesses for Hall"—Mr. Levy bowed and gave Kingwell some money—Kingwell took us to a public-house and treated us, and then said "I must be off, I have got to go to Walworth,"so we wished him good-day and came away from the public-house—after that we went into Mr. Levy's office, at 3, Long Acre—the name on the door was Micklethwaite and Co.—we went in and saw E. L. Levy—it was about 2.30, and about an hour after I first met Farmer—Levy said "You gentlemen have come to make a statement in the case of Hall v. The South-Eastern Railway"—Farmer said "Yes, we have," and made the statement as Kingwell had told him, and Mr. Levy corrected him in several things—we sat near the fire, Mr. Levy was walking about the room, and a boy took down the statement from Farmer—when Farmer got to the part where the van ran into the trap Farmer said that the horse in the trap was leaning on the posts of the rest, and E. L. Levy said that it must have been farther than that because there was plenty of room for the van to pass between the rear of the trap and the kerb—he spoke principally to Farmer, and Mr. Levy asked the boy to read over what he had written down, and he corrected the boy and told him what to put down; it was slightly different—he said "I remember
the horse's head in that position,"and E. L. Levy said" No, it could not have been; there was plenty of room for the van to go to the rear of the trap"—the boy read it oyer to Mr. Leyy, who corrected it, and told him to put down that the trap was farther on the rest—Farmer then went on with Mr. Levy's assistance—he corrected him in several things, I can't say what, and he said "You be careful, now, and don't make any mistake"—he wrote down something at the bottom of Farmer's statement, and said "Will you sign here, Mr. Hill?"—this is my signature. (The statemen t was put in and ready signed"Chas. Farmer" to which was added," Chas. Hill. I was with Charles Farmer. His statement is perfectly correct—C. Hill") We both went home, and next morning we met King well in St Martin's Lane—I asked him when the trial was likely to come on; he said that it would not be long, and he would let me know—I said "I don't want to get into any bother about it;"he said "You won't get into any bother, it is the clearest case ever known, most of the chaps who use the Glasshouse are going down as witnesses"—that is a beerhouse in Stamford Street—I afterwards got a letter from 3, Long Acre, saying, "The case is down for first on Monday, and you must meet our clerk at Waterloo Station at 9.15 to catch the 9.30 train"—I did so, and Henry Levy met Kingwell and I at Waterloo Station—he gave me a ticket, and we got into the train with Daniel, Henry, and the boy Levy—Kingwell went in another carriage—we went down to Guildford—Mariner, Parkinson, Dudley, and Brown were in the carriage with us, but Farmer was not—I saw Kingwell at Guildford he said "Come along, here you are, this is the place,"and took us into the bar of a public-house—he took some of our witnesses upstairs, and said "Go along upstairs, the dinner will be ready directly"—I stopped downstairs and met Mr. Hall, who asked us to have something to drink—he said "Your health, gentlemen, I hope we shall win the case"—after that Kingwell said that the dinner was very nearly ready, and I went up and had some, after which Henry Levy brought out a long piece of paper or a plan, and said "Now, you chaps who don't quite under-stand, come round and I will show you, so that you don't make any mistake when you get inside"—some of them went round and looked at it, and I sat by and smoked until I was called into the Justice Hall—he explained it to them, and told them how it happened—there were quite 20 of them—this was a public-house, but it was private to us that day—when I went into Court Mr. Hall, the plaintiff, was examined in my presence—I went in and out once or twice—Daniel and Henry Levy were in Court—I gave evidence, and swore that I had seen the accident—that was false—I remained in Court till Mariner was examined—Daniel and Henry Levy came up to town in the train with me that evening, and they both said that Mariner had upset the trial and spoiled the lot—I received 5s. next morning from E. L. Levy, who said that it was all through Mariner, or else the trial would have been won.
Cross-examined by MR. POWELL. I have been living at Ashford eight days, and came up last Friday, and I had been there before for five days—I can't say in what month I went there first—I never take notice of months or anything else, but I think it was in October—Mr. Bendall took me there; he is connected with the South-Eastern Railway Company—Farmer, Parkinson, Dudley, and Mariner were there with me, and others whom I do not know—we were eating and drinking for eight days—I don't know
who provided for us—we were not all in the same house except in the daytime—I am married, and have a family—my shop supported them during my absence—it is a chandler's shop—lie second time we went down was on the very Monday we were summoned up here—we came up to go before the Grand Jury, and went down again afterwards and stayed eight days—my wife attended to my business—I enjoyed myself very much—Mr. Bendall was not in charge of us all the time; he took us to the hotel, and said "Give these men what they want"—he took us down the second time—there was three or four weeks' interval between the two times—I was at home in the interval, but did not see Mr. Bendall or anybody from the railway—the same persons were not with me the second time—Dudley, Parkinson, and Mariner were there—Farmer spoke to me first; he was at Ashford, but only on the first occasion—he had not charge of us after Bendall went—I went to Kingweli's house because Fanner and I met him together—Farmer had said nothing about the accident before that in my presence—I knew nothing about it—Kingwell was the first person who spoke to me about it, but I believe he did not do so till alter we met Kingwell—I said before the Magistrate "About a month before the trial I first heard of the accident, when Fanner first told me about it"—1 believe that was true—the first man I heard it from was Mr. Farmer certainly, but I said Kingwell just now because you led me up in such a way—after we had been to Kingweli's house we three went to Long Acre—I had this pocket-book in my pocket, it was then whole—I tore a leaf out before Mr. Vaughan at Bow Street, relating to a cumu-lative bet, as I did not think he would like to see it, and it had nothing to do with the case—I did not think it Would damage my evidence—I do not believe Mr. Bendall's name is written in the book—yes, here it it, "Mr. Bendall, Ashford Station, Sooth-Eastern Railway "—that is my writing—I do not know why I made that entry—Mr. Bendall lives at Ashford—about a fortnight before my examination at Bow Street I met Mariner—he said "Where have you been all this time, Charley?" I said "I have been home "—he said" The South-Eastern people want to see you;"I said "Why?" and he gave me Mr. Bendall's name—I am not a betting man—I had five bets on one leaf to the amount of 2s. and they all came off—we went towards Long Acre, and met E. L. Levy, and Kingwell said "Here are two witnesses for Hall"—he bowed to me as a stranger—he said that he was going on business, and told Kingwell to take us into a public-house and give us something to drink, which he did, and then suggested that we should go to Mr. Levy's office, which we did, and met him there, and Farmer made a statement which I knew was all lies—this is what was written down, and I signed my name to it, but I did not know what was written—he told the boy to write something, and asked me to sign it after Farmer had signed it—he did not first say "You have heard what Farmer has said"—the boy was not connected with either of the Levys—I did not hear what he said to the boy—I knew that Farmer's statement was not correct, but I signed it because I had been induced by Kingwell—he had promised me some-thing, but I did not get it—I believe after Farmer made his statement Levy said to me "You say the same thing?" and I said "Yes"—I believe I told Levy that what Farmer said was true—it was about a month after that that I went to Guildford, and after having had a month to think of it, and taking a solemn oath to tell the truth, all I said was a lie—Levy told the boy to put down about the trap being on the rest.
Cross-examimd by MR. SEYMOUR. I was cross-examined at Guildford as to where I stood in the street, and all about it—I did not hear Mr. Levy say at Guildford that Counsel wanted a plan, or anything about drawing a plan for Counsel; I will swear that nothing of the kind occurred—I did not see the plan laid on the table or see pink and yellow colours on it—I know there was a plan of the rest in the middle of the road, I saw that as I left the table—I think it was in pencil—I have not said that the evidence I gave was true—it was a long time after, the Guildford trial that I met Mariner.
Cross-examined by MR. FULTON. I don't believe I had any conversation whatever with Daniel Levy about the case till after the trial.
Cross-examined by MR. GEOGHEGAN. I saw Brown at the Glasshouse beerhouse—I had told Bendall that what I said was false, and he asked me to make a statement—I told Brown I had seen Bendall, but I did not tell him that if he made a clean breast of it it would save a good deal of bother—he said, "I don't want to hear any more about it now "—Brown said, "What I hare told you is the truth, and I shan't alter my state-ment "—he repeated that to several people.
Croee-examined by MR. MATHEWS. Farmer and I are old work-fellows—hespoke to me first—I have known Kingwell some years, but Farmer introduced me to the case—I have said "I was walking with Farmer three weeks before the trial, and Farmer introduced King well"—King well said to Fanner "Well, Charley, have you thought about that job?" he said "Tes, I have, and here is Charley Hill as well"—he did not say "Here is Charley Hill, who had something to do with the accident in Stamford Street, nor have I said so, I believe there must have been some mistake of the reporters at Bow Street—my deposition was read over to me before I signed it—I did not correct that phrase because I am not used to this kind of thing—I might have mentioned at Guildford about the big man—it was previous to the plan being drawn that the expression was used "You are like a chump of wood "—Farmer was with me at Ashford eight days.
Re-examined. I did not say to Brown at the Glasshouse "You had better make a clean breast of it;" I said "I have seen Mr. Bendall, of the South-Eastern Railway, and he knows I did not see the accident, and I am not going to make any different statement"—he said "I don't want to hear any more about the case, you mind your own business "—some one had said before that "Jack, if you did not see it, you had better make a statement to that effect"—I did not go to Ashford before giving my evidence before Mr. Yaughan—I had received 5s. from the prosecution on the Monday when I went up to the office and the statement was read over to me, and 5s. afterwards at Bow Street—I think that was all I received—I did not know that I was going to Ashford—I had only been a witness once before, when a boy stole my till—I said to Kingwell "They are sure to ask me who took the man to the hospital"—he said "Well, say it was a big man, and you don't know me "—it was the office boy who wrote the lines above my signature, the elder Levy told him to do so, and said to me, "You say the same thing," or something about the foregoing statement being correct, and then I signed it without reading the words—I can read.
By the COURT. The boy read over what he had written, to the elder Levy, who told him to make a correction, but that does not appear here
—I do not remember saving in the early part of my examination "Levy wrote something at the bottom and asked me to sign and I did "—Levy did not write it himself, he told the boy to write it; if I said so I should have said Levy's clerk—it is at the end of the statement, though not at the bottom of the paper—these two pieces of paper are in my writing—it is not five bets, but five horses, an accumulative bet—I believe these names are all the names of horses—here is another list of horses on the other side, and here is another—I should not like to say that I had not bets on all those horses—each page represents about eight bets; they are certainly records of bets which I have made—I believe this pencil writing "They might have me for perjury," is mine; I wrote it for Farmer, in a public-house, so that other people should not hear what I said—I should not have put that down if I had known I had been coming here—that was after the trial at Guildford.
CHARLES FARMER . I live at 46, Stamford Street, Blackfriars, and am a barman—I was not present on March 1st when an accident took place between a South-Eastern van and Mr. Hall's trap—I first heard of it about a month before the trial, when I met Kingwell accidentally in St. Martin's Lane, about midday—I had known him for years—he said "Halloa, Charley"—I said "Halloa, Fred"—he said "Do you want to be on a job that I have got on hand?"—I said "I don't know; what is it?"—he said "It is a trifling affair; it is simple enough; there was an accident in the Waterloo Road between a South-Eastern van and a gentlemen's trap, and the South-Eastern van knocked the trap over and injured the gentleman who was driving it"—I said "I don't know, I will see," and we said "Good day"—about two days afterwards Hill and I met Kingwell at the top of St. Martin's Lane; he said "Have you thought anything; more about what I was speaking to you about?"—I said "No, but here is Charley Hill"—Kingwell said "There was a South-Eastern van coming down Waterloo Road, which looked like racing with one of Carter and Paterson's vans, and when he got to the corner he ran into the trap an I knocked it over "—he said that the trap was standing at the obelisk in the Waterloo Road, coming from Stamford Street—I said "I don't properly understand it now"—he said "It is simple enough, it is as easy as the nose on your face; if you don't understand it, come with me over to my house and I will explain it to you better"—Hill and I then went with him to his house, in Castle Street, and he said "Have you a piece of paper?"—I said "No "—he asked Hill for a piece, and he tore a leaf out of his pocket-book and drew the plan of the accident on it, and said to me "There, there is the trap coming down the road, and there is the cart coming from Stamford Street," and pointed out how the accident occurred—I said "I don't seem to understand it"—he said "Why, you seem like a chump of woud; you don't understand it at all," and showed us again that the cart was coming down the road at a racing pace, racing with one of Paterson's vans, and when he got to the corner lie could not stop, and ran into the gentleman's trap and knocked it over; that is simple enough—I said no more—Kingwell said "You must go to the solicitor's office and make your statement out there as if you saw the accident"—Kingwell and Hill then went to a public-house at the end of Long Acre—I think Kingwell said in the parlour that the gentleman had broken or fractured his arm, and if we won the day we should have 1l. a day, and
if we lost we should have 10s. a day—Hill and I walked to Long Acre—we saw E.L. Levy outside, who said that he could not see us till 4 o'clock we said that we could not stop—he said "Wait half an hour and I will be back"—he gave Kingwell some money and we went to a public, house and had a pot of ale, and then went to 3, Long Acre and waited in the office till Levy returned—he said "Come in, and we went into his private office—he said "What is your business?"—I said "We have come on an accident between a South-Eastern railway van and Hall's trap, in the Waterloo Road"—be said "Yes, now tell us how it occurred?"—I said "There was a South-Eastern van racing down the Waterloo Road with one of Carter and Paterson's vans, and there was a gentleman's trap crossing Stamford Street to the York Road, and he could not get across as there was an omnibus and some cabs coming up the Waterloo Road, and the South-Eastern van ran into the trap "—I was a little worried because I did not properly understand what I was saying—he said "Was not there room for the South-Eastern van to come at the end of their trap?"—I said "Perhaps there was "—he said "Now come, let us have it over again so as we shall have it correct "—I said "Very well"—her said "Was not the trap standing farther in the road?"—I said "No, the horse's head was on the post "—he said "Oh, no, that won't do, the trap must have been farther in the road to have allowed for the South-Eastern van to have passed behind if he had thought proper "—he then said "Did you see the gentleman injured?"—I said "No "—a young man was writing it down as I repeated it, and he stopped writing when Mr. Levy corrected me—before anything was written I said that the van was coming down at a terrible space, and Levy corrected me and said" speed "—after it was all written down it was read over and I signed it—this is it—Kingwell was not present—I then left with Hill—I did not go down to Guildford—I met Kingwell the week after the trial, at Lewes Races and said "Hallo, Fred, how has the trial gone?"—he said "Charley Mariner has squashed it"—he did not explain in what way—he left me and went to work in a booth on the racecourse—I was acting as waiter—I was at Guildford when the trial was on at Guildford—I have not received any money.
Cross-examined by MR. POWELL. I had 2l. from the South-Eastern Railway altogether, but nothing from the Levys—I was at Ashford fire days and three days, and was boarded and lodged by the South-Eastern Railway and doing nothing—I first communicated with Mr. Bendall about a month after the trial—I have not had a little drop of gin with him, nor has he treated my friend to brandy and cigars in my presence—I have known Hill some time, and introduced him to Kingwell, who said that he had a case in hand, and I thought it was a genuine case because he said it was all right and simple enough—I introduced Hill to Kingwell in order that he might state in Court that which I knew to be a lie—Kingwell made a detailed statement to make me understand it before I went to the solicitor, so that I might make a plain straight-forward statement such as a solicitor would be likely to believe, and a plan was drawn that I might not make a mistake to the solicitor—Hill said that Mr. Levy said "I can't attend to it now; I will see them about 4 o'clock;" if he has said to the contrary that is untrue—Hill said "We can't wait till 4," and Mr. Levy gave Kingwell the money to give us some drink, but Kingwell did not keep us there till 4 o'clock—
Hill heard E. L. Levy say "Did you two gentlemen see the accident in the Waterloo Road?" and we both said "Tes"—that was untrue, and said for the purpose of deceiving—I was a little flurried in making my statement; I did not read it straight off the reel, and Mr. Levy had to ask me what I meant, and it was entered down as I corrected it—I did not go to Guildford, because I went to Goodwood Baces on let August—they commenced on Tuesday, and the trial at Guildford was on Monday—I never saw Mr. Bendall till a month after the trial—I did not go to Guildford after coaching Hill, because I knew I should get into trouble, and I thought he knew better than to go; he is old enough to know—I was present when Hill produced his pocket-book to King well—I had Been it before; he has shown it to me several times, but I cannot say whether he did so between then and my appearance at the police-court—I cannot call to mind whether he wrote anything in it and showed to me; if he did it was not of importance, or it would have impressed my mind—since I was at Kingwells house Hill has shown me his pocket-book with writing in it relating to horse-racing, but I do not remember his showing me any writing in it or out of it with the word "perjury" in it—he may have done so and I have forgotten it—he did show me these two leaves (Those with the bets), and these three or four lines-which say "They might have me for perjury "—I had forgotten that—I should think the perjury related to his going to Guildford to give evidence—he wrote that after the trial—I think it was in the Glasshouse—I pushed it on one side, and said "Don't bother me with your nonsense "—I knew that he had committed perjury, but it did not concern me—I should have committed perjury if I had gone to Guildford, and I introduced him to Kingwell in order that he might go to Guildford and swear that he had seen the accident when I knew he had not—I said that it was nonsense because I did not want to hear anything about it—I thought the case was dropped—I do not know why he could not say "I shall be had for perjury" instead of writing it—the bar was full of people.
Cross-examined by MR. MATHEWS. I have been at Ashford eight days since I gave evidence before the Magistrate.
Re-examined. He drew the plan after calling me a chump of wood, and he used language to the same effect when Hill and I met him in the street—I went to Goodwood on Sunday; the trial began on Monday and the races on Tuesday—I did not intend to give the statement on oath which I signed, as I did not know I was going to do so wrong as I was going to do—my conscience told me it was wrong after I heard how the base was going on, and how they were getting witnesses—when I went to Guildford on Sunday I knew the trial was coming off the next week—it was after I signed the statement, and before I went to Goodwood, that Kingwell said "Did you do all right up at the office there?"—I saw Hill before I went to Goodwood—I did not know the trial was coming on on Monday; I never told Kingwell I was present when the accident occurred.
By the COURT. I abstained from going to Guildford, as I went to Good-wood Haces, but I should not have gone to Guildford if I had not gone to Goodwood.
about an accident—I said I remembered hearing of it—he said he was going the other side of the water about the accident, and took me with him—as we went he told me the trap was coming from Stamford Street and stopped at the corner, and then went on to York Road, and a cab or 'bus was going towards Waterloo Bridge, and could not get farther than the posts at the cross road; and while he was waiting, two vans, one of which was a railway van, were racing; and the South-Eastern van ran into the phaeton and knocked it over—I said "You had better tell me that again "—I went with him, as he said I could get something—we went to Micklethwaite's office in Long Acre to the first floor, and saw some clerks, and afterwards the eldest Levy came and called us in, but we had been to Kingwell's first and saw Mrs. Kingwell—we waited for Kingwell, and he came in 20 minutes or half an hour—we then went to Micklethwaite's, and Brown said to Levy "Here is another witness who saw the accident," and I said "Yes"—Levi told us how the accident occurred, and I knew more from his description than I did before—I had not told Brown I had seen the accident, only that I heard of it—we then went to another room—Daniel and Henry Levy were there, and Mr. Levy followed us—I sat down, and Brown sat opposite one of the Levys—questions were put to him, and he answered—they gave the description to Brown in a leading way of the accident, and he only said "Yes" or j "No," and now and then a few more words—the younger Levy took it down—Brown signed it—six or seven more lines were then added, then I signed it; this is it—this is my signature—I did not read it—I don't know whether it was read to me or not——Brown's statement was readI do not know whether this was on 25th July—Kingwell was present part of the time—I did not leave the statement there—we were told to call again next day and have our subpoenas, or have them sent—we went next day and saw Levy—we had our subpoenas given us, and the elder Levy, as we left, called out and said, "Can you find us two or three respectable men?"—he did not say what was to be done with them—either that day or the day before Levy took us and gave us a drink—I had not heard anything before that about an accident on Good Friday in the Walworth Road—I had known Watkins and Slatter years before, and I spoke to them the same afternoon, and also to Dudley and Parkinson—I was working for Dudley at the time—I took Dudley and Parkinson to 3, Long Acre the next morning—they stopped below, and I went up and sat half an hour—Levy came in, and I told him I had two men who would suit him—he said "Bring them up"—f brought them up, and while we waited, Brown and Adams came—we were taken into a private room, and Levy, senior, began to describe the accident in the Waterloo Road—they did not know what he meant at first, but he said a ginger-beer barrow ran into a tram—that was nothing to do with my case, but he said u What would you be doing there?"—that was before he described the accident—up to that time I did not know what the two men were wanted for—he described the accident, and Parkinson got up and told them another story—Levy said "I want you to listen to this,' and when he had finished describing it they were taken into another room, and we were told to wait till they came our,—Dudley, Parkinson, and Adams were in there half an hour, and Levy gave me two shillings for taking them over, and Brown two shillings—we then went to the Cranbourne Arms, and I understood they had five shillings each—I saw
I some money, and I drank with Parkinson, Dudley, Brown, and Mariner—I went again and asked Levy when he wanted me—he said "Saturday or Monday "—I afterwards got a letter telling me to meet the Levys at Waterloo Station on Monday—I was provided with a ticket, and went to Guildford—1 had made another statement before that—I had said nothing to the Levys about my being in communication with any one in connection with the South-Eastern Railway, but I had told Brown—the witnesses in both cases were in one room at Guildford, and after dinner both the young; Levys were there, but I did not know one from the other—a plan was drawn of how the accident occurred—I don't know who drew it, as it was done before I got into the room—some one said "Now, all you South-Eastern witnesses, come and see this, that you may make no mistake "—the plan was shown to them, and how the accident occurred was described to them—I went into Court and told the Judge that I did not see the accident.
Cross-examined by MR. POWELL. Brown made his statement in my presence—he said "Yes" or "No" to the questions put to him—I answered the questions put to me about the accident, which I said I had seen—my statement was taken down and has been read to-day—nothing was said at Levy's to inform him that that what Brown and I said was not true, that I am aware of—I don't know what I took the two respectable men to Levy's for—I should not have cared whether they were respectable or not if five shillings was to be got by it—I would not have taken them there if I had known it was to commit perjury, nor for any price—I signed what Brown had said as true—I had no thought at the time—I said "Yes" or "No," whichever was wanted—I did not know whether it was true or false—I should have gone to Guildford and committed perjury if it had not been found out' before—I had seen Mr. Bendall three days before I went to Guildford, and told the truth—I do not believe that after seeing him I went to Levy's office to ascertain when the case was coming on—Mr. Bendall knew from me that I was going to turn round in the witness box and say I had not seen the accident—I went to Ashford—I did not enjoy myself, as I could have done something better at home—I was told something very like this, that if I did not turn round I should get my head in a rope—I was not promised a job on the railway, but people said "You will get paid for this affair "—I have only had my bare expenses—I had five shillings a day at Bow Street, and I have had half a sovereign—I had eight days' and five days' lodging, but that is a long while ago; I forgot that.
Cross-examined by MR. SEYMOUR. I do not know whether the plan was ink or pencil—I saw Kingwell there, but did not see him do an) thing with regard to the plan—I do not know who drew it—I believe one of the younger Levys showed it.
Cross-examined by MR. GEOGHEGAN. I was employed in Stamford Street, five minutes' walk from where the accident took place—the Glasshouse was the nearest public-house, and I used it of an evening—I do not know where I was on the night of 1st March, but I believe I was at work—I did not know the name of the injured gentleman till I got to Levy's office—Brown said, "Why, you know all about it; come with me to the office and I will put you where you can get something"—I had told him that I had not seen the accident—I believe he had described it to me, and I said, "Jack, you had better describe it to me again, because I did not see
it, as you know M—Mr. Justice Denman said at Guildford, "Did you say to Brown, 'You know, Brown, I did not see it'?" and I answered, "No, I did not say that to him "—I did not tell Mr. Hall's Counsel that I had not seen the accident; that is a mistake, it is not true, but what I said to Mr. Justice Denman may have been a mistake on my part—I told Mr. Bendall that Brown would be found of an evening at the Middlesex Music Hall—I did not tell Brown to make a clean breast—I said that I was going to tell the truth because it was found out, but he said that he would stick to his account.
Re-examined. On the Tuesday morning after he told me to find two or three respectable witnesses I saw Watson and Stafford, and asked them if they would like to go over the water again, where they would have some money—Stafford said, "No, we have been over there before, we know him "—that was to Levy's office.
LEONARD PARKINSON . I am a printer—about 25th July I was with my cousin Mr. Dudley, outside Price's in the Waterloo Road—I saw Mr. Mariner and we had a conversation, in consequence of which I went the next day to No. 3, Long Acre—Mariner went in, and Dudley and I waited half an hour outside—Mariner then came out and called us in—we went first into an outer office—in an inner office we saw Levy, senior, and Mariner, and I think Brown—those were all that were in the room besides Dudley and I—I sat on a side chair for a short time, when Levy, senior, told me to remove to the centre of a table—he drew our attention to an accident that had occurred in the Waterloo Road on Good Friday last-after some conversation I and Dudley were taken into another room—Daniel Levy was there, or came in, and Levy, senior—he produced what I believe to be the Daily Chronicle, and drew our attention to an advertisement offering 5l. reward—I scanned it over and passed it to Dudley—Levy, senior, asked me whether I was near Walworth Road on Good Friday last—I said that I was there—I said in answer to him that I was there, but had not seen the accident, as I was there quite an hour and a half, perhaps more, before it occurred—he said, "But anyhow, you were in the Walworth Road on Good Friday last"—I said "Yes "—he said that it happened near Sutherland Street, and asked me if I knew it—I said, "Yes, there's a curve in the tram line just there," and I described the locality as nearly as I could recollect—he told me and Dudley we had better go and see the place—1 told him I knew Dr. Garland's at the corner, to show that I did know the place—we went the next day to look at the place, but before that he said that a tram was coming from Black-friars Bridge, and an omnibus, a brougham, and a ginger-beer barrow were coming the reverse way; a tram was coming at great speed; the ginger-beer barrow was in front, and the brougham, to avoid a collision, tried to get out of the way, and the ginger-beer barrow was in some way or other saved from being run over, but the wheels got skidded in the tram lines and it was thrown over, and suddenly the tram ran into the brougham and cut it in half, and after the accident the driver of the brougham was taken from under it, to Dr. Garland's at the corner of Sutherland Street—I got 5s. from the elder Levy, and I signed this paper—I think the lad who sat on the opposite side of the table handed it to me—Daniel Levy was writing at the table—I think some printing was on the paper handed to me—I have a faint recollection that this is the paper—I only saw one paper—it was read over by the elder Levy
before I signed it.(The statement was here read, giving a full description of the Walworth Road accident, signed "Leonard Parkinson" July 26th, 1882.) I did not tell one word of that to Mr. Levy, he told me every word, I did not know anything about it—I told Mr. Levy more than once that I had not seen the accident—Daniel Levy was 6 feet off and heard everything—Dudley and I left, and we conversed together—on the Thursday or Friday I went back and told the elder Levy we had been to see the place—he seemed pleased, but when I told him I could not possibly take an oath, because I had not seen the accident, he seemed just the other way—about a day after, I received a postcard about work—I took it to Long Acre on the Friday and showed it to Mr. Levy and said "You can see I shan't be able to come, I have got a card about work where I have been doing business for some time, and it would put me sadly about; I should like to get out of this case and go to work "—he asked if I could not get some one else to go to my work; I said I preferred doing it myself, for if I sent another man I might lose it altogether—he was out of temper with me; I forget the conversation, but he walked up and down the room in an excited state, and said "Now look here, cannot you easily say, as if you were speaking to Dudley and one was going one way and one the other," and lie threw up his hands and said "Oh, look, my God, that tram will run into that brougham!"—I said "I cannot, for I did not see the accident"—he said "What a nuisance you are!" and repeated "How easy it would be to throw up your hands like this, and turn round and say 'My God! look at that, it will run into the other' "—I told him again I could not do anything of the kind, for I had not witnessed the accident—he was annoyed and I went away—he said "Will you have a glass file?" I said "I do not mind," and we had one at the Cranbourne Hotel, St. Martin's Lane—the next day I went and told him that it was possible I should lose my work if I did not go; he said if I could get another man I should be well paid, and paid handsomely, for following the case up and keeping with him—he said no doubt we should have to go to Guildford on the Monday—I told him I preferred my work to anything else—that was Saturday; Dudley was with me; Levy asked me why he did not go upstairs—I said Dudley was ill and had just come from Ventnor Convalescent Hospital, and his breath was too bad to come up the stairs—he said "Poor fellow, I will go down and see him "—he went down and spoke to Dudley, and we all three went into the Cranbourne Hotel and had some ale—I had a shilling from Levy three times out of four—I received this subpoena—this letter was left at my house. (To be at Waterloo at 9.15 to proceed to Guildford by the 9.30 train)—I saw Mr. Bendall, from the South-Eastern Company, on the Sunday morning—I told him what I have told you—on the Monday morning I went to Guildford—I saw the two younger Levys and Mariner in a public-house—Mariner and Kingwell were strangers to me—I kept my engagement with the South-Eastern Company to myself.
Cross-examined by MR. POWELL. I got 10s. for Dudley and myself, after I had been in communication with Bendall, from Daniel Levy—I was told I could have more by writing—I complained about being kept waiting outside—I said to Daniel Levy "This is very unsatisfactory "—that was at the police-court at 9 o'clock at night—I was not examined at Guildford—Daniel Levy said "What do you want?" I said that Dudley was very tired, and he gave me another shilling—I am a machine-minder or pressman
—I worked at Pratt and Barbrook's, 16, Mill Street, and wherever I could get work, and on my own account—I have earned 4l. a week, but I was out of work in July—I got 5s. for signing the statement—I was told to go and see the place, and I repudiated everything after that—I live near the place and know it well, but I never said I saw the accident—I repented when I got downstairs—I told Mr. Levy I should be glad to pay the money back and double as much—I did not offer him an I O U, it never entered my mind—I told him I should be very glad to get off this dreadful business, and before we parted he put a shilling in my hand—I asked him for a piece of paper to take down the heads of the places Mr. Levy had spoken of, as I thought I would not trust to my memory, and I wrote on a piece of blue wove paper and submitted it to him to see if it was what he wanted me to say—I should have earned 24s. or 25s. by my printing job—he told me there was a subpoena, and I thought I was obliged to go to Guildford—when I received the paper with the printing and writing on I thought it was binding, that was why I went to Long Acre—I was forced to give up the job—I was at Guild-ford—seeing Bendall prevented my giving evidence at Guildford—no one else was present when Mr. Levy put his arms up.
Cross-examined by MR. FULTON. I was uncomfortable, and had drink in me, but not before I went to Long Acre—I signed a statement, which was handed to Bendall, that I had been drinking, or I should not have acted as I did—Edward Lawrence Levy said I had better be spokesman—whatever was taken down I repudiated afterwards—all the conversation was in one room—I went into a second room, where Daniel Levy was, and he wrote down my statement—Daniel Levy walked in and out.
Re-examined. The elder Levy described the accident, so that the clerk could take it down, in the first room; then we went into the inner room, and Daniel Levy took down what I have stated—the elder Levy was there very little, but he was there at the finish—he was in the room more than once during the time—he was there when I said I had not seen the accident.
JOHN DUDLEY . I am a boat owner, and cousin of Mr. Parkinson—I did not see the accident in the Walworth Road on 7th' April—1 was not there at all—I went with Parkinson and Mariner to 5, Long Acre—we went to the first floor—I saw the elder Levy come out from an inner room—Mariner said "These are the men I have brought"—I only knew I was brought to have a job—Parkinson sat in a chair in front of a table; the elder Levy sat opposite to him, and spoke about a tramway accident on Good Friday—that was the first I heard of the accident Levy asked me where I was on Good Friday; I told him I was at home ill—I was at home ill at 19, Thomas Street, Lambeth—he said something about the accident, and I said I could not say, as I did not see it he said "Never mind; you do not seem very well; don't you say anything; let Parkinson be spokesman "—we were shown into another room—then Parkinson and Levy, senior, described about the curves of the lines, and Mr. Levy about the ginger-beer cart, and that a brougham got across the lines and got fixed, and the tram going to the Walworth Road from the Elephant and Castle struck the brougham—Levy, Parkinson, me, Brown, and Mariner and another man were in the room—Parkinson said he knew the place well, and did not live far from it—while we were staying Levy brought a newspaper and handed it to Parkinson, who
handed it to me—my attention was called to an advertisement that any one who saw an accident was to call at their office—something was written down—I believe it was read over—I was asked to sign after Parkinson—this is my signature—this was not read over: "I reside at 19, Thomas Street, Stamford Street, in the county of Surrey. I am a lighterman. I have heard the statement made by Leonard Parkinson. I have heard the same read over. I agree with the account he gives as to how the accident occurred, and I say the same is correct I am prepared to corroborate the evidence of the said Leonard Parkinson. July 22nd."I was asked to sign. that as a matter of form, by the young man in the office who wrote out the paper—his back was towards me when he handed me the paper—the lad gave me 5s.—he was about 15 years old—Mariner and Brown were in the office where we first had been—I afterwards went to the Cranbourne public-house with Brown, Parkinson, and Adams—I went with Parkinson to look at the spot near Sutherland Street about two days after I had the 5s.—we were not told when the trial was to be, until the Saturday evening—some one left a letter at my place—I went on the Monday morning from Waterloo Station to Guildford—Parkinson brought me two separate shillings, and said Levy had sent it me for a glass of wine—one occasion was when I went to Long Acre but did not go to Levy's office—I had a glass of ale with Parkinson and Levy on the Saturday—coming from Guildford I met Brown and both Levys in a public-house opposite Waterloo Station—they said I was not required to go down the next day, as Mariner had done the job up—I was to have 30s. more if it came off all right—me and Parkinson were to have 15s. each—I was also in communication with the South-Eastern Railway Company on the Sunday.
Cross-examined by MR. POWELL.I was advised to go down by Mr. Bendall and Mr. Hitchcock—Parkinson grumbled a good deal as to the way he was treated—it is a mistake if I said I heard of the accident three or four days before I went to Long Acre—I heard of it the day before through Mariner coming to me—he said there was a job to be got over the water at Micklethwaite's—I did not know of the accident till I got in the office and he showed me a subpoena—he said "It will be a good job, and you can earn a few pounds "—it is a mistake that I heard of the accident the day before I went—I think I meant three or four days before—I went to see the accident—Mariner did not tell me of it opposite Waterloo Station—he said he knew of a job; nothing was said about the accident.
Cross-examined by MR.FULTON.I had never seen the clerk before he wrote down my statement—Parkinson did not tell the clerk all that had been said in the outer room—he told him what had occurred, and the clerk wrote it down—the elder Levy told him to give an account of the accident—he was not in the room when the statement was written down—I believe it was read over and he signed it.
Cross-examined by MR. GEOGHEGAN. After the trial, Bendall sent me to find Brown—I went to Stamford Street and found him—I made an appointment on behalf of Mr. Bendall with Brown to meet them at the Middlesex Music Hall between 8 and 9 p.m.—Brown came on his cab—Bendall did not go into the hall—we stood at the bar—Bendall offered Brown a summons, and gave him 5s.—he asked him to make a different statement to what he did at Guildford, and said that if he did he had an indemnity
—we went to another public-house, Brown made a statement, and it was written down—Brown said during the evening that he had told the truth, he would stick to his statement, and he would not tell a lie for any man.
CHARLES HITCHCOCK .I am a clerk in the solicitor's office, South-Eastern Railway.(The witness's evidence before the Magistrate as to dates of summonses and attendances at Judge's Chambers were read, which he stated to be correct)—the commission day at Guildford was Thursday, the 27th—I did not stay in Guildford till the action was tried; I left late on Friday night—I returned on the Monday—the action was tried on:31st July before Justice Denman, and the verdict was for the defendant—I produce the whole of the papers used by counsel—this is the claim. (This was for 500l. damages for injury caused by a collision between defendants two-horse van with the plaintiff's phaeton).
PHILIP GRIFFITHS .I am a linesman under the American Brush Light Company, Cannon Street—I have known Kingwell two years or a little more—in March last I frequented the Glasshouse beerhouse, Stamford Street—I was in and out all day on March 1st, and in the afternoon I was there about two hours—I saw nothing of the accident, but Kingwell said," Here is a collision "—I think it was after 5 o'clock; the lamps were lit—I do not know whether any of the other defendants were there, but I saw Brown there both in the morning and afternoon—Kingwell then went out, and in about two minutes I finished my glass, and went with some others to the corner, and saw Mr. Hall's phaeton drawn up on one side of the pavement—I did not see the railway van which had caused the mischief—I saw Brown there a little way from the red pillar-post—I cannot swear that I saw him in the public-house when Kingwell said "There is a collision."
Cross-examined by MR. RAYMOND. The pillar-box is 20 feet or a little more from where the van was drawn up—from the pillar-post to the Glasshouse is about 60 feet.
Cross-examined by MR. MATHEWS.I saw a man with some buttons on, on the box of the gentleman's trap.
GEORGE TURNER . I live at 176, Stamford Street, Waterloo Road, and in March last I was employed in the day at Suffolk Street, and in the evening at Drury Lane Theatre—I keep a diary—I saw the accident; it was between 6.30 and 7 o'clock—I had just looked in at the Glasshouse to see the time, and saw Kingwell there, who I knew by sight, drinking with other men—I did not go in; I only looked through the window, and then walked on towards the tobacconist's at the Stamford Street corner—I stood there two or three minutes waiting for some people to go with me to the theatre—I looked towards the bridge, and saw a one-horse railway van coming at a good pace, but the driver was pulling hard—he seemed to have lost control—I saw a gentleman and a boy in a one-horse trap in Stamford Street, coming towards the Waterloo Road—I put up my hand, and sang out, "Stop! Hoy!" but the gentleman took the whip, and lashed the horse, which made an extra spurt when his head was a yard and a half or two yards from the centre lamp in the middle of the road—he was occupying the whole of the middle of the road; the whole of the half—the horse's head was about two lengths from the Waterloo Road when I beckoned to him, and if he had pulled up at that time no accident would have occurred—he could have pulled up—the extra spurt took the trap
into the Waterloo Road, and the breast of the Tan hone struck the trap near the lamp, and the gentleman and boy were thrown flying—the trap gave a lurch, and the horse reared up, which stopped it from going over—1 ran to the gentleman, who was about three yards off in the road—he got partly up, and I assisted him—the trap was not turned over, but the horse was down—the other horse stood over the gentleman's horse, and I think that was the most important part of the accident—the gentleman's arm was injured, and I took him to the chemist's at the corner, left him there alone, and at his request went back to the trap to get a bag which he wanted—a young man gave it to me—1 took some other things which were picked up, into a tobacconist's, and took the bag to the injured limn, and gave him my card—he said "Put it in my pocket"—the chemist said he could not do anything with the man, and I returned with him—King well was standing there making himself officious—he shoved me on one side, and said, "How is the man?"—I said," What the devil are you up to? who are you shoving?" but he took no notice—I told the gentleman he was iu fault, and not the van driver—two policemen were there; one with King well and the trap, and the other with the carman—a policeman put the gentleman into a cab, and he was driven away, I think to the hospital—it was then time for me to go to the theatre, and I left—I don't know Brown—no omnibus was near at the time of the collision—a Waterloo 'bus was coming up, but not a one-horse penny 'bus—I saw Kingwell next day at 5 o'clock outside the Glasshouse, and said, "Hallo! what did you do with the trap?"—he said,"I took it home"—I said," Where?" he said either "Guildford" or "Watford "—I said, "All that way?"—he said, "Yes "—I said,"Did you get anything?"—he said,"No, I shall have to go up again "—I said, "What for?"—he said,"It will be a damaging job"—I said,"What will you go for?"—he said, "To give evidence"—I said,"What do you know? you never saw it"—he said, "What of that? I was in here," pointing to the Glasshouse; "I only live two doors down. Are you going to have a drink?"—I said, "No, I never drink," and I went in to my tea.
Cross-examined by MR. MATHEWS. I am property man at Drury Lane—the pantomime was still on on March 1st, and I had to get to the theatre at 1.30p.m. and 7.15p.m.—I had not to be there before it begin, as I was not required to set the first scene; the day man did that—Kingwell was ordering the people about, but he did not pick the trap up—he did not take charge of it; he may have looked after it—you are trying to bamboozle me—I don't know Anderson—I don't remember seeing King-well covered with mud.(The report of Constable 212 teas here put in, stating the collision occurred at 6.45 p.m., giving the names of the witnesses, and stating "All of whom are of opinion that Mr. Hall was to blame in trying to pans the van when there was not sufficient room,)
EDWARD HAWKES . I was in the employ of Mr. Bar wick, of the Camberwell Road Livery Stables—on 1st March I was with Mr. Hall in his trap from about 9 a.m. till nearly 7 p.m.—sometimes he drove, and sometimes I—I can't tell you how many public-houses we went to, as that was in the course of his business—he travels in the spirit line—he was driving between 6 and 7 o'clock—he was not quite sober—I cannot tell you what I saw, but I first saw Kingwell when I was getting the horse of our trap up—I took the bag to the chemist's, and I think Mr. Turner went with me—I had not got the horse up then—I did not see Brown—I got a
notice from Mr. Micklethwaite to go down to Guildford for the trial—I went to 3, Long Acre about a fortnight before the trial—I asked the clerks for Mr. Micklethwaite—they took me into a private room, and I saw E.L. Levy, who told me to go into the private room, where I saw Daniel Levy writing, and a boy and some gentlemen—they asked me questions, and I answered them—it was all written down and read to me, and I signed it—this is it—I think it was all correct.(This gave a narrative of the collision, and stated that Mr. Hall was not to blame, but that it was all through the reckless driving of the defendant's ONE horse van)—besides that I said that the plaintiff was sober, and I told them that they were near the posts—I think it was E.L. Levy who I told so, but I am not sure, as they kept going in and out of the room—I am sure Daniel Levy is the person who was writing—that was the only time I went there—I went to Guildford, and King well said in the train that the police had made a report that it was a pair-horse van, but it was a single-horse van—Mr. Hall said that he hoped they had said so—I think I said, "I hope so too"—I was at the dinner in the room where all the witnesses were, and saw Kingwell draw a plan—Henry Levy came in while he was drawing it, and called all the witnesses round him, and said, "Now some of you chaps don't seem to understand this; you had better come round and have a look"—they had a look, and one or two of them did a bit of figuring up—they touched it up, and then Mr. Hall got hold of it and had a look as well—I think Kingwell kept it—something was said about how near the horse's head was to the post.
Cross-examined by MR. GEOGHEGAN. I do not remember noticing Brown at all, but he might have been there.
THOMAS HENDERSON . I am a cab driver, of Peckham—I have known Brown about five years—I first heard of the accident in the Waterloo Road on a Monday, about June, from Kingwell, outside the York Hotel—he asked me if I would go up to Levy's and be a witness in the case of Hall v. The South Eastern Railway—I said, "All right, I will "—he then said, "Now I will tell you what happened; there was a traveller's trap coming up Stamford Street towards the York Road, and there was a South-Eastern van coming at a racing pace down the bridge; a cab and a 'bus blocked the road so that the traveller's trap could not cross, and before the railway van could pull up it knocked the trap and turned it over, and I helped to get the trap up, and took Hall to the chemist's opposite"—Harper and Brown were present—Kingwell said that it would be 1l. a day if the case came off—I had not seen anything of the accident, I was not near the spot at the time—Brown said nothing to me, but Kingwell gave Brown an address on a card and said, "Go over there to-morrow "—I saw Brown next morning going up Waterloo Road; he was alone; he asked if I was going over—I said, "All right, I will go over"—we walked to Long Acre that afternoon—we passed Kingwells house, but did not go in—we went to a public-house at the corner, and Kingwell came and said that we had better go up next morning—Brown said that he had been round to the solicitor's and left his name and address—Kiugwell said, "You had better go round to-morrow morning," but I did not—I did not go to Long Acre again—after that and before the trial, I met Kingwell in Waterloo Road—he asked me if I had been to Long Acre—I said "No"—he said, "If you see Brown up the road tell him I want to see him, and I want you for another tramway case,"
but I never saw Brown till after the trial, when he said that it was a good job I did not go to Guildford and did not have anything to do with it, as somebody had turned policeman.
Cross-examined by MR. POWELL.I never saw either of the Levys till I was at Bow Street.
Cross-examined by MR. GEQGHEGAN. I was in the Glasshouse on the day of the accident, and left at 2 o'clock—I saw Bendall, I think, on 4th September, and told him I was in the Glasshouse at the time of the accident, and that when I came out I saw Kingwell in the street all covered with mud—I told Bendall to show my statement to Brown that he might know what to say—I did not know who Bendall was—Slatter brought him to me and said that I knew something about the accident—I said I didn't want to have anything to do with it—my telling Bendall that I had been in the public-house when it was untrue, was a slip of memory—I told him a lie because I knew nothing of him, I had never seen him before—I made this statement to Bendall in a public-house; he had treated me to cigars and whisky—I saw Griffiths at the public-house the day of the accident.
Re-examined. I had seen Slatter before, in the Glasshouse—I did not seek Bendall; Slatter brought him to me—he said V Here is Mr. Bendall, from the South-Eastern Railway "—1 said "I don't know Mr. Bendall, and don't want to "—he said "He is going to prosecute these people for getting up a false case "—I said "I don't want anything to do with it"—he said "You will have to, you will have to come whether you will or not"—I told Bendall what was not true—what I have sworn to-day is the truth—I did not come forward voluntarily.
FREDERICK HARPER . I am a comedian—I first heard of the accident in the Waterloo Road from Kingwell early in June, outside the York Hotel—he said "Fred, do you want to earn a quid or two?"—I said" I don't mind. How?"—he said "I will show you; come here "—we went into the road, and he said "There is supposed to be a railway van coming down the road, and a horse and trap coming up towards the bridge, and the van is supposed to have run into the trap and thrown the man out"—I said "What am I to do?"—he said that I was to go to a place in Long Acre, I think it was Micklethwaite's, and explain the same thing as he had explained—I said" Right" and left him standing in the passenger refuge—I did not go to Long Acre—a fortnight after, I saw Kingwell and Brown outside the York Hotel; Kingwell signed to me—I went in to drink, and he came in and said "Are you going to take the bleeding job on? Come here," and we went outside together—he called Brown and said "Listen to this; it is easy as anything; the van is supposed to be coming down the road and the trap coming up, and the collision is the fault of the South-Eastern Railway: I will tell you where to go," and he took his pocket-book, wrote an address, and gave it me, saying "Here you are; go over there, it will be all right, if it's good enough for me, it's good enough for you "—I gave it to Brown—I did not go to Long Acre.
Cross-examined by MR. GEOGHEGAN. There were more than 10 of us outside the hotel, but we were not all talking together—I had not been talking to Brown before Kingwell spoke to me—Brown did not hear the first conversation between me and Kingwell, but he did the seoond—I never gave evidence before—I understand what perjury means—when he
asked me to go over, I understood him to ask me to commit perjury—I knew it was wrong, and did not try it—I never said that I thought it was a good thing, but the money was not enough—I must have said at the police-court "I thought it was a good thing"—I did not like to go so far for the money—I did not care about going at all—I did not want more money: because I had a wife and family to support, and I was not going to commit perjury—when I said that I thought it was a good thing, but I did not like to go so far for the money, that was a misunderstanding.
Re-examined. I have no recollection of saying that the money was not enough, before Mr. Vaughan; I had no such meaning.
JOSEPH LEWIS . I am a labourer, of Walworth—I know Ramsay, Wright, Telling, and Flowers—a week or 10 days before I went to Guildford, Ramsay gave me a note, and I went to 3, Long Acre and saw the elder Levy—he spoke first and said, "Where is Ramsay?"—I gave him a piece of paper—he said, "Who is this from?"—I said, "Mr. Ramsay"—he said, "Ain't he well?"—I said "No"—he said, "Iam busy now, call to-morrow "—I said that Mr. Ramsay and two others, Telling and Wright, sent me over for a job—I went again next day with Telling, Wright, Flowers, and Ramsay—we saw the elder Levy and a young woman—Ramsay said, "I am going up on a little business of my own—we waited an hour and a half and then went up—Ramsay went into the room for a quarter of an hour, and then the elder Levy called us all in—Ramsay sat there with a piece of paper in his hand, and Henry Levy read a paper over to us about an accident, and Ramsay looked at it and said, "Yes, that is quite correct"—no accident had been mentioned before that—Henry Levy asked us all four to sign it, which we did, and then he gave us a suspean—this is my signature—I had said nothing about the accident.(This was a statement of the witness that he had seen the accident of Good Friday, and describing the details, to which was added a statement by Telling, Wright, and Flowers that they had heard Lewis's statement and that it was the truth.) I signed that paper, but I did not understand what he was reading—it was all written before I went into the room—the paper Ramsay had in his hand was different; it was only half the size of this, and it was blue—we then got a shilling and a paper, and Henry Levy said that the trial at Guildford would come off on Saturday or Monday, and he would drop me a note—I did not see the accident in the Walworth Road, and I never told Ramsay so—on the same day after I signed the paper, Edward Lawrence Levy took me into a private room and said," Lewis, can you get a little girl to say she was pushing behind a ginger-beer barrow?"—I said that I could nut, and he asked me whether I could not get my wife to say that she was pushing behind—I said, "No, she is at work; Ramsay has got a little girl"—he said, "Never mind about Ramsay"—I got notice to go to Waterloo and go down to Guildford on Monday, 31st July, and Henry Levy and Kingwell took me to a public-house with the 20 witnesses, and after dinner Henry Levy said, "All of you what is in the South-Eastern case come over here," and Kingwell said the same—they were near one another, and each had a piece of paper—there were three or four round Henry and three or four round Kingwell—Henry came up to me, and I asked him whether the brougham was a shut-up or an open one—he said that it was a shut-up one—Flower, Wright, and Tilley could hear that
question—I was not in the South-Eastern case at all—I heard Kingwell say, "This was coming down here, and this was coming down here, and he had something in his hand pointing—I remained at Guildford that night, and next morning I was told that I need not remain—I got It. and two pots of ale—on the Saturday after the trial I went to Long Acre and saw the elder Levy—I said that two gentlemen had been round to me about the case, and said that if I did not tell them they would have me locked up—he said "If you tell them you did not see it you will get yourself in trouble,"and he kept walking up and down the room, moving his hands up and down, and saying" Say what you like, and do what you like "—he gave me 1s., and I went downstairs—before I left he said that it was only Detective Atkins and Detective Watkins, and he told me to tell Ramsay to come down and see the two gentlemen and tell him who they were, because they were to come on the Sunday again.
Cross-examined by MR. POWELL. I said nothing the first time I was examined at Bow Street about Mr. Levy having asked me to see if I could find a little girl to say that she was pushing a barrow, but I did the second time—I did not say one word about his asking me if my wife could do it, or about my suggesting Ramsay's daughter—after the examination at Bow Street I went down to Ashford for seven or eight days—Dudley, Hill, Farmer, Flowers, and Wright, were there, but not Ramsay—it was after I came back from Ashford that I made my second statement, and mentioned for the first time that he asked me to get a little girl to say that she was wheeling a barrow. (This statement did not appear in the witness's deposition.) He wanted me to find a little girl to swear what was not true, and I suggested that he should employ Ramsay's little girl to tell on her oath that which was not true—I had not seep Bendall before I went to Guildford—I was subpoenaed there to give evidence, but I was not going to do so; they believed that I was, but I was going to say that I did not know anything about the case—I meant to turn round and speak the truth when I got there.
Cross-examined by MR. SEYMOUR. I made a statement to Mr. Hitchcock, of St. Thomas Street, and went to Ashford afterwards—I did not tell him about the barrow, because I did not think of it—Mr. Bendall took down what I said, at Ashford—I made a statement to him about my wife—I saw Mr. Bendall before I saw Mr. Hitchcock, and made a statement to him of what I was told to say—I said "I did not mention about my wife till Thursday, and then I did to Mr. Bendall at Ashford "—when we first went into the room the elder Levy said to Henry "Take down the statements of the witnesses," and young Levy took up a pen, but he wrote nothing—he put the pen down again, and read the paper to us—I did not make a statement in the room—the statement was read out to us; we could hear it, but we could not understand it—Ramsay kept on saying "Yes, that is quite correct"—Henry Levy read: "We were with Joseph Lewis, and saw the accident explained by him," but I did not see the accident at all—I made no statement about the accident; I never opened my lips—I did not say before the Magistrate that I saw two papers one in Henry Levy's and the other in Kingwell's hands—I did not Jiear this read about the brougham: "No one was inside, so far as I could see, because it was a shut-up one," but Henry Levy told us to say that. Re-examined. The first time I went to Long Acre, Ramsay only was
with me—I went with Telling and Wright when Ramsay was not there—I saw the elder Levy—I do not recollect anything being said about Ramsay on that occasion—Mr. Hitchcock wrote down my statement at St. Thomas Street—that was the only time my evidence was written down before I went to the police-court; Mr. Bendall did not do so.
GEORGE WRIGHT . I am a coal-dealer, of 10, North Road, Walworth—I know Joseph Lewis—I went with him to 3, Long Acre, but can't remember the day I first went—Telling was with us, but no one else—on the first occasion we saw the elder Levy, who asked where Ramsay was—Lewis said that he was very queer; he brought a paper with him, and asked Levy about the accident—Levy told him that the tram was coming on one way, and the brougham the other, and the dashboard of the tram caught the behind of the brougham—he then gave us 2s., and told us to come next day—when we went the first time we did not know what we were going there for, but Lewis asked him how the accident was done, and we all asked—Mr. Levy said that it occurred in the Walworth Road on Good Friday—I had never seen Mr. Levy before—I don't know how he knew I had anything to do with Ramsay; he asked Lewis about Ramsay; he did not ask me—I went there again next day with Telling, Flowers, Ramsay, and Lewis, and saw Edward Lawrence Levy and Henry Levy—Ramsay went in first, and we were called in in about 10 minutes—Edward Lawrence Levy went out, and Henry Levy read this statement to us, and he was talking in between, but I cannot tell you what he said—he then gave us the paper to sign, and we signed our names at the back of it, and then he gave us a suspene and a shilling apiece, and said that the case would be heard at Guildford, but he did not know when, but he would send a letter to Ramsay, who would let us know—after signing the paper we all left, including Ramsay—I did not go there again—I was not present at the accident, and did not know anything about it till I got to the office—Ramsay took me to Waterloo Station on Monday, when one of the Levys gave me a ticket, and I went to Guildford, and had dinner at a public-house—I did not see a piece of paper after dinner—I was not in the railway-van accident at all.
Cross-examined by MR. POWELL. I did not know what I was going to Long Acre for; Lewis took me there—he asked me whether I wanted to earn a couple of shillings—I said "Yes "—he said u Wait a minute, I will go and see Ramsay," and he took me to 3, Long Acre—Telling and Lewis went there with me the first day, and when I went the second time, Ramsay told me that I was going there to make a statement about an accident, and he told me about it—I did not know that I was going there to state that which was false—I knew that I had not seen the accident—Henry Levy brought out the written paper and read it to me, and I was asked if it was right—Ramsay said "Yes," and I signed it—during that time the elder Levy said nothing, and I never saw him again.
Cross-examined by MR. SEYMOUR. I was in the dining-room two or three hours after dinner, but saw no plan.
ALFRED FLOWER . I am a labourer, of 3, North Road, Woolwich—I went with Lewis, Telling, Wright, and Ramsay to 3, Long Acre—we waited an hour and saw the elder Levy and Henry Levy—I went there because Lewis asked me if I wanted a job—Henry Levy was at a desk writing, and saying every three or four minutes "Is that right?" arid we was a-saying "Yes—he was writing something about the accident in the Walworth Road—
Ramsay was spokesman, but we all spoke together—that went on for twenty minutes—I did not pay attention to what was said, as I could not understand it—I did not know what vehicles there were—I knew it was Good Friday—Henry Levy read the paper over—I can't read or write—I can write my name, but not well enough to put there, and I put my mark—the elder Levy came in and gave us a shilling—one of the Levys said he would tell us when the trial came on—Lewis told me that he had a letter, and on 31st July I went to Waterloo Station, where one of the Levys gave me a ticket, and I went to Guildford, and after dinner, when Kingwell and other witnesses and the smallest boy Levy were there, Henry Levy got a piece of paper out of a book and said "All you chaps as don't understand about the South-Eastern case come here," and they went to the other end of the room, I did not see what they did with the paper—I heard Lewis ask Henry Levy if it was a shut-up brougham or an open one—he said a shut-up one—I left Guildford on Tuesday—I got a shilling before I left—I had not been present on Good Friday to see the accident between the tramcar and the brougham.
Cross-examined by MR. SEYMOUR. I did not hear Henry Levy ask whether any one could make a plan—I only saw him get a bit of paper and go to the end of the room; it was blue paper; he got it from a bag—it was not a big piece—it could not be described as a lump of paper.
CHARLES RAMSAY . I am a lithographic printer, of Listock Place, Walworth—I have known the elder Levy five or six years—I knew him in the office of Cooper and Co., in Leicester Square, and also at Micklethwaite's, at 3, Long; Acre—I only knew Micklethwaite by seeing him there occasionally—I heard from the elder Levy about the accident in the Walworth Road between a tramcar and a brougham on Good Friday—he first told me about it a few days before the trial at Guildford—he told me that at the office—I don't know whether any one else was present—there might have been—he did not explain the accident to me at all—he said could I send him some one to witness an accident that occurred in the Walworth Road, that a gentleman's brougham or carriage which had been broken up by a tramcar, I think he said on Good Friday—I said I did not know, I would see—that was all the conversation that took place about it—when near home I saw the witness Lewis—I told him if he went over there he would get something to do—I might have said a job, or something of that sort—Lewis said he would go over on the morrow—I said, "I am going, and you can come with me," but I was too ill to go—I wrote on a piece of paper for him to go to Mr. Levy, but that I was too ill to go; I would come on the morrow—I was going on my own business—I gave Lewis the paper in the street—I can't say whether any one was with him—I met him next morning, and said I would go at 4 o'clock—I met him again at the end of East Street, Walworth Road—Filien, Fillmer, or Wright were with him—I had never seen either of them before to my knowledge—we all four went together to 3, Long Acre—there was only a clerk there—after some time the elder Levy came in, and, I believe, Daniel Levy followed—he sent us all into an inner office, where I saw the elder Levy, Daniel Levy, and a clerk who I did not know—I knew nothing whatever about the accident with the brougham and the tramcar, or of any one being injured, before going to the office—the clerk was told by the elder Levy to take down the statements from the witnesses; and Lewis made a statement, which was written down—he gave a description of the accident, and the clerk wrote
it down on a piece of paper—the clerk asked him how it was that he was there at the time—he said that they had been to Peckham Rye, or rather Clapham Common—I said, "If you had been to Clapham Common and coming home that would not have brought you to that place "—Lewis made answer directly that they intended to go from Clapham Common to Peckham Rye, but they altered their mind and came home—the clerk said, "Are you sure the tramcar did not stop just before the accident occurred?"—I believe he said "No," but I do not really recollect what he did say—I don't recollect its being read bit by bit, I only recollect its being read once—they said it was correct, and all three signed it—they said they could not read—no statement of mine was written—I gave no proof, I knew nothing of the accident—I heard nothing about a girl wheeling a barrow—I did not go to Guildford.
Cross-examined by MR. POWELL. I do not act as a person to serve summonses and subpoenas—I have done it on an occasion, to oblige, when it has been near my own home—I live within three minutes' walk of the place where this accident occurred—I was not aware that the man had been killed till the Sunday evening before the trial—I went to Mr. Levy's on some business—he did not ask me if I could find anybody in the neighbourhood who had seen the accident; it sounds very much like it, I should not like to swear it was not that; it might be to find anybody who witnessed the accident, I certainly understood it to be "to witness it"—it might have been "who witnessed it"—Lewis made such a clear and connected statement that I really almost believed that he had seen the accident—I stated so at the police-court—I did not believe that he saw it, but he made such a clear statement that I was astonished at it.
Re-examined. The business I had was about another accident—I did not inquire of any one if they had seen the accident in the Walworth Road—I considered that Lewis was the best person to look for them, knowing everybody in the neighbourhood.
CAROLINE AIRY . I am the wife of George Airy, of Eglin Mews, St. John's Wood—I am the daughter of Henry Wright—my brother was the coachman who was killed in the Walworth Road on Good Friday—his name was Henry Richard Wright—he was buried on the Friday following Good Friday—on the day of the funeral some one brought me a card, in consequence of which I went to the office of Mr. Micklethwaite, at 3, Long Acre, the following week, with my mother—I saw the elder Levy—I told him that a person had called on us and said that if we went to Long Acre he thought we could get compensation for the children for my brother's accident, and it would not cost us anything, the other side would pay him—Mr. Levy did not say anything—I asked him if he would let us have it in black and white—he made no answer—I gave him two or three papers; I think one was a telegram from the hospital; another was the address of Dr. Reed, who picked my brother up—he said the witnesses were very few, he should have to advertise for some—I think he asked how many children there were, and I said three—I told him my brother was insured for 100l., and his wife had just been committed for a second term of imprisonment, and my father a mother had the children—we did not pay him anything—he took out letters of administration—I was present when the 100l. was got. from the Prudential, a third of it was left in Mr. Levy's hands.
WILLIAM DAVIDSON . I live at Walworth and am a coachsmith by trade—I was present on Good Friday and saw the accident in the Walworth Road—I picked the man up—a tramcar was coming along from the Elephant and a brougham was coming along there was a ginger-beer barrow by the side of the kerb, a man was in the shafts, and a little girl was shoving behind—the brougham passed the barrow, but got his wheels on the tramline; he got his front wheels out, but could not get the off hind wheel out; the tramcar was coming along fast, and the brougham going fast as well; the tramcar ran into the brougham and knocked it oyer and threw the man off Vie box and I ran and picked him up and carried him to the doctor's shop close by—at the time of the accident I should not think there were above half a dozen people there—I did not attend the inquest—a friend of mine afterwards saw an advertisement in the Chronicle and gave it to me and I wrote to Mr. Micklethwaite and Co., of Long Acre—this (produced) is the letter—there is no date to it, but I think it was written about three weeks before going to Guildford—after writing the letter Henry Levy called on me—I saw him at the Roebuck, in Trafalgar Street; Mr. Wallis brought) him round to me—he asked me if I had seen the accident—I said I had—he said "We had better have no conversation here; we had better go round to the shop," and we went into Mr. Willis's parlour and I told him the same as I have told now—on the Saturday night before the trial I saw Kingwell and Daniel Levy in the Queen's Arms, in South Street—I got some money and got directions to go to Waterloo Station on Monday morning—I went to Guildford and went to the room where all the witnesses were having dinner—I saw Kingwell there; he helped to bring up the dinners—there was an old man there, the landlord, and the servant—there were a lot of people there—Henry Levy was there; he came up and asked for a plan; he asked the company in the room—he said 'Has any one got a plan of the South-Eastern Rail way case?"—they said "No "—he said "Can anyone draw a plan?"—Hall said "I will draw a plan "—King-well said "No, let Harry draw a plan," and they borrowed my penen, which I have never had since—Kingwell, Henry Levy, and Hail, and all the lot of them on the South-Eastern case, went over to a side table—Hall I think said there were two horses; Kingwell I think said "No, there was only one "—Henry Levy said "Well, I can't stop up in the room very long, I want to go because the Counsel is waiting; come, all of you, have a look at the plan, so that you shall not make any mistake when you go into the witness-box "—I was disgusted with the goings on and I walked out.
By the COURT. We bad plenty to drink and to smoke and a good dinner—I was disgusted with them because I lost my half-ounce of tobacco—I did not like the company.
RICHARD COLLARD . I am a master bootmaker of Richmond Street, Walworth—I was at Guildford on Monday, 31st July—I was up in the room after dinner where all the witnesses were—I saw Daniel Levy there—I was there as a witness, with regard to the accident between the tram car and the brougham on Good Friday—I had nothing to do with the accident between the railway van and the traveller's trap—I had a bit of dinner, and then went downstairs.
Cross-examined by MR. POWELL. I did not see the advertisement about
this accident, I heard it talked about and went to Micklethwaite's I saw the accident, but I was laid up, or I should have persevered further in it for the poor woman.
THOMAS SAUNDERS . I am a shorthand writer—I took notes in the trial of Hail v. South-Eastern Railway at Guildford before Mr. Justice Denman on 31st July—I produce a correct transcript of my notes—Brown was called as a witness for the plaintiff and King well also. (These were put in and read.) There was a summing-up and a verdict.
CHARLES FAHMER (Re-examined) I wish to make a correction; I went to Goodwood on the Sunday previous to the Guildford trial; I was at Brighton on the Sunday before the trial of Monday—I was at Lewes and Brighton races when the trial took place.
By MR. POWELL. I made a mistake—I thought the trial came off on the Monday previous to Brighton races, instead of after—I stayed in Robert's tent.
WILLIAM MICKXETHWAITS . I am a solicitor; I was admitted in Michaelmas term 1869, but did not take out my certificate till the middle of 1877, when I joined Mr. Fisher, Mr. E.L. Levy was then his managing clerk, and I have been associated with him ever since—he told me he was an admitted attorney—Mr. Fisher died in 1878, I think in June, and I continued his business in the name he had adopted, Fisher, Mickle-thwaite, and Co.—my name appeared in the firm before his death—Mr. Levy continued with me till the end of 1878, when our professional re-lationship ceased, but it began again in the beginning of 1881—during that period we had accident cases, I should say about ten, but the greater part of our business was commercial—the business was carried on at first at 28, Leicester Square, and it was transferred to 3, Lone; Acre at Christmas 1878—Mr. Ness the coachbuilder was my landlord—I first spoke about discontinuing the business in Long Acre in May, but I did not actually separate myself from it till June this year—Levy had a commission in respect of actions carried on in my office, which were won, which amounted to about 200l.—he received 20 per cent, on the net profits, the net costs on business actually introduced by him—I knew the general bearing of the actions, but I did not take any active part in the conduct of common law proceedings—I personally left the office in May, but I went there occasionally afterwards to obtain the winding-up of our affairs, and I certainly did make a few appointments there last June—I wish to correct myself; I made a mistake at the police-court—the first intimation of any severance was mentioned in May—the under-standing was that I was to withdraw myself entirely from the business carried on at Long Acre under the style of Micklethwaite and Co., but that certain actions which were then set down for trial should still be carried on in the name of the firm, and when they were disposed of a final settlement should be made, and I should have nothing further to do with the business in act, name, or deed—there was an action of Hall v. The South-Eastern Railway, Proud v. Smith, Perry v. Arbuthnot, and Wright v. The Tramways Company—I have seen Mr. May to-day; he is the clerk to the solicitor—I know there was an action against the South-Eastern Railway, but I cannot tell you the name of the plaintiff—I did not know it till after I was examined at Bow Street-—I don't recollect it—I did not know of the proceedings in Wright v. The Tramways Company, except that it was set down for trial or ready to be set down—
I do not know the date when the action began—I did not give notice to Levy that actions were not to be commenced or continued in my name in May—I have made a mistake in the month; it was June—I gave that notice—I gave Levy no direct authority to begin the action of Wright v. The Tramways Company—I was not near the premises—I was not outside my house for 12 days—it was not set down for trial in May, but there were cases coming on for trial—that is not a phrase which I, as a solicitor, would apply to an action in which a writ had not been issued, but I knew nothing about it—Wright v. The Tramways Company was one which, after I left in May, the Levys were to be allowed to carry on, but I was ill—Levy took out the writ in June in my behalf, but I did not know it was issued—I could not say that the action was going on in May, as it was not; but I knew it was on the tapis—when I left in May nothing had been said about his not issuing writs in my name, but he was not to do so in any matter which I had not cognisance of—it is true that on 31st May E. L. Levy had no right to sign Micklethwaite and Co., except in the way of routine in finishing an action before a transfer—I never knew that they were carrying on the business of solicitors—if you issue a writ in your own name, it is carrying on the business of a solicitor—I certainly sanctioned his issuing writs in my name up to June, because the business was brought into the office—neither Levy or his sons had any authority to use my name, except in business actually brought into the office, and I had a right to inspect the papers and take any action I pleased—if I did not, it was my own fault—I never gave them authority to represent themselves as solicitors in my name, and I don't think they ever did—that arrangement was come to in May, but it was not settled till June—I gave them no distinct authority to begin the action of Wright v. The Tramways Company, but that matter came into the office before or in May—I had actually signed a letter to the Governor of the Gaol at Westminster for my clerk to see Mrs. Wright, who was a prisoner there—I did not take away the papers in Wright v. The South-Eastern Railway and Wright v. The Tramways Company—they were either pending trials or actually set down—I never gave consent to a change of solicitors in Wright v. The Tramways Company—this paper produced is my short-hand clerk's writing—he was so on June 6th, and I was paying him—I can't say his name at this moment—I saw him last in June—I paid him the latter end of June—the body of the letter is his writing, and this is his signature per pro—he took that letter from dictation, but not from me—I say so as he was in the habit of doing so—I know that every word I say is more against myself than any one else—these are his initials,"G.G.S.;" his name is Salmon—that was not signed by my authority, except there was general authority—he had not general authority—he would not take upon himself to sign it unless he was told to do so by Levy or myself—I was ill from 1st to 12th June—these two writs are one in the boy's writing, and the other the short-hand clerk's—they were both copying clerks—I paid the rent out of moneys received in the general course of business, and if I was short I would ask Levy to lend me the money, and he would recoup himself—he was a man of means and I was not—I had no banking account in connection with the business, but Levy had lately—Mr. Levy has given me a cheque for rent when Mr. Ness sent for it, and I had not money to pay it—I cannot say whether on 8th June, 1882, Levy paid
Mr. Ness 35l. 3s. for rent—I was not there to ask him to pay it—he had an account with the Capital and Counties Bank—cheques have been made payable to me, and have been parted with, but I have not received the proceeds—I do not recollect any cheque being given me by him which I received the proceeds of myself—I received a cheque from him for 20l. on 30th May—I had to settle an action against my brother, Thompson v. Micklethwaite—I arranged with the solicitor in Birmingham to settle it for 20l., and not having any banking account I paid the money to Mr. E.L. Levy, and asked him to give me a cheque for the convenience of sending it—I paid him in cash, which I got from John Towers, of Barnsley—I think he sent me his own cheque, a country cheque, which I got cashed, or asked him to pass it through his own bank; I am not certain which, but I think I cashed it and gave him the cash—I was present when Brockley v. The Metropolitan Railway was tried, but I cannot recollect the date—what I said before the Magistrate was generally accurate, except as to dates—I think Brockley was one of the actions which was pending in May; it was tried in May or the beginning of June—it was for an accident, and 200l. was recovered—the money was paid into E.L. Levy's account, but whether the cheque was I don't know—I was very little at the office at the time, but to the best of my belief the costs were paid to his account as well—I do not know how the costs or the damages were paid—Levy was to get a commission of 20 per cent., and short of that the other professional costs would go to me after payment of stationery, clerks, and rent—I might not receive the money for weeks after—we used to make settlements occasionally, and say there was so much due to me and so much to Levy—I was the proprietor of the business, but the business could not wait for my coming up to order a ream of paper—I mean that Levy paid me sometimes out of a gross sum which he had received as costs and damages, and deducted what he had paid on behalf of the business—we used to have settlements when money of any amount was received—I know of no payments to Kingwell on behalf of the firm; none were made by my authority, nor do I know of any made to him by E.L. Levy—I believe I have seen Kingwell, but I do not think I saw him more than once till I saw him at Bow Street—there is no mistake about that—I never saw him at my office—I don't know of an action in the Mayor's Court carried on in my name in which Brown and Kingwell were or were to be witnesses—in the ordinary course Levy would not tell me if they were.
Cross-examined by MR. POWELL. Kingwell'S father has been a clerk in my office ever since I joined Mr. Fisher—I know Levy and Kingwell's father had transactions together, private monetary transactions—expenses were entered in the office, money received and money paid, and Levy and I adjusted our accounts and struck a balance; that would sometimes include the rent—this is the letter I wrote to the Governor of the Gaol about Mrs. Wright; it is dated May 5, and it was written for the purpose of taking instructions for administration—this is the office letterbook—it contains letters signed by me on 12th, 14th, 15th, 17th, 20th, 21st, 22nd, 23rd, and 24th June; all but one of them are addressed from 3, Long Acre—I removed my business books and papers from the office at the end of July or the beginning of August, and I might be there about a week before they were removed, looking in with a view to a settlement—I said before the Magistrate that I ceased to have anything
to do with the office after May, but I ought to have said the end of June—this refreshes my memory—I told the inspector on the second occasion when I attended at Bow Street that I had made a mistake—although I had very little to do with the conduct of these matters I was aware of actions going on on behalf of Wright—that was a special arrangement, and I made no objection to the use of my name.
Re-examined. I first saw this letter ten days ago—the first entry of it is June 8; that was after my arrangement with E.L. Levy—this book was got for the very purpose that it should be a fresh book under the different arrangement, so that Micklethwaite and Co. should not come into the fresh business at all—I always signed "William Micklethwaite and Co. "—I understood in June that this book was got few Mr. Moody, who was going to take over the business, and Levy said "I have got fresh books, a fresh letter-book for actions which are in initiation;"I said" Let those actions go on which are to be complete for trial, and we will send up the whole thing when they are done "—I wrote those letters, and gave them to the clerk to copy, but I never saw the letter-book—I was only carrying on the business at Long Acre in those two matters—they were personal clients of my own—I did not carry on the business in Long Acre after June, personally—I merely wrote a letter or saw a person there—I carried on my business at my private address at Brixton—I had London clerks and Brixton clerks—when I went to Long Acre I went into the inner room which Levy and his son Henry used—there was another private room that was mine; no one else used it till Mr. Moody came—he is a solicitor, and carried on my business in his own name—he came the end of July or the beginning of August—he had been there some time when I took my papers from the drawers of my table—I had a great many private papers and business papers in half a dozen matters which were pending, besides my own family papers—one was a Mayor's Court action, and nothing was done in the others—one was a mere matter of correspondence as to calling in some mortgage money—this letter of 24th June is not written by me—I signed it, but I can't say that I signed it on 24th June—I never wrote any letter in duplicate which appears in the book—I never saw the book till within the last 10 days, and I think it is within a week—I believe it was last Friday—Mr. E. L. Levy had it brought to him specially in the House of Detention at my request, to show to me because I wished to refresh my memory—to the best of my knowledge I never signed my name in blank in my life, but I may have been foolish and not known what I was doing—I have carried on business at Brixton since June 1 this year—I did not know that the writ in the tramcar case was issued by Micklethwaite and Co. of 3, Long Acre, solicitors for the plaintiff, till I returned to the office on 12th June.
By the COURT. This book relates simply to matters in which I was not concerned, but matters connected with my private clients are mixed up in it simply for the object of taking a copy—I must have directed them to be put in the book, but I don't recollect the circumstance—if it had not been so I should have put them in envelopes myself and addressed them.
JULIUS OCTAVIUS JACOBS . I am the solicitor to the Tramways Company—on 7th June I received this letter (J 6) I had previously received a letter enclosing two writs and two copies, in respect of a person named Wright for damage to a vehicle, and for administration for the benefit of
the children—that was the first communication—I endorsed an under-taking to appear, on the originals and returned them to Micklethwaite and Co.—it was to enter an appearance on 14th June, which I did, and on the 24th I received document J 10—I saw E. L. Levy I think fire times at Judges' Chambers—I attended to the business as solicitor, in consequence of those actions—I saw one of the other defendants, I won't say which, on a summons for interrogations—T was present at Guildford when Hall, The South-Eastern Railway was coming on, and mine was coming on next, but the record was withdrawn on 1st August.
Cross-examined by MR. POWELL. I have seen copies of three of the letters in the book—they are dated 1st, 2nd, and 24th July—whether they were made from the original I do not know.
EDWARD LAWRENCE LEVY* BROWN, and KINGWELL** GUILTY On all the counts. EDWARD LAWRENCE LEVY and KINGWELL— Five Years' Penal Servitude each. BROWN— Two Years' Hard labour. DANIEL and HENRY LEVY— GUILTY of conspiracy only.— Re-commended to mercy by the Jury on account of their father's influence.— Twelve Months' Hard Labour each.
Before Mr. Recorder.