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<p>Sessions Paper.</p>
<persName id="t18941210-name-1">
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<interp inst="t18941210-name-1" type="surname" value="BARNETT"/>
<interp inst="t18941210-name-1" type="given" value="JAMES DROVER"/>JAMES DROVER BARNETT</persName> </p>
<persName id="t18941210-name-2">
<interp inst="t18941210-name-2" type="gender" value="male"/>
<interp inst="t18941210-name-2" type="surname" value="BUCKLER"/>
<interp inst="t18941210-name-2" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</p>
<p>Short-hand Writers to the Court,</p>
<persName id="t18941210-name-3">
<interp inst="t18941210-name-3" type="gender" value="male"/>
<interp inst="t18941210-name-3" type="surname" value="BESLEY"/>
<interp inst="t18941210-name-3" type="given" value="EDWARD T. E."/>EDWARD T. E. BESLEY</persName>, ESQ., Q.C.,</p>
<p>Law Booksellers and Publishers.</p>
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<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, December 10th, 1894, and following days.</p>
<hi rend="smallCaps">BEFORE</hi> the
<hi rend="smallCaps">RIGHT HON. SIR</hi>
<hi rend="largeCaps">
<persName id="t18941210-name-4" type="judiciaryName">
<interp inst="t18941210-name-4" type="gender" value="male"/>
<interp inst="t18941210-name-4" type="surname" value="RENALS"/>
<interp inst="t18941210-name-4" type="given" value="JOSEPH"/>JOSEPH RENALS</persName> </hi>, Knt.,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; the Hon. Sir
<hi rend="smallCaps">
<persName id="t18941210-name-5" type="judiciaryName">
<interp inst="t18941210-name-5" type="gender" value="male"/>
<interp inst="t18941210-name-5" type="surname" value="HAWKINS"/>
<interp inst="t18941210-name-5" type="given" value="HENRY"/>HENRY HAWKINS</persName> </hi>, Knt., one of the Justices of Her Majesty's of the High Court of Justice; Sir
<hi rend="smallCaps">
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<interp inst="t18941210-name-6" type="gender" value="male"/>
<interp inst="t18941210-name-6" type="surname" value="LAWRENCE"/>
<interp inst="t18941210-name-6" type="given" value="JAMES CLARKE"/>JAMES CLARKE LAWRENCE</persName> </hi>, Bart., Sir
<hi rend="smallCaps">
<persName id="t18941210-name-7" type="judiciaryName">
<interp inst="t18941210-name-7" type="gender" value="male"/>
<interp inst="t18941210-name-7" type="surname" value="SAVORY"/>
<interp inst="t18941210-name-7" type="given" value="JOSEPH"/>JOSEPH SAVORY</persName> </hi>, Bart., Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18941210-name-8" type="judiciaryName">
<interp inst="t18941210-name-8" type="gender" value="male"/>
<interp inst="t18941210-name-8" type="surname" value="HALL"/>
<interp inst="t18941210-name-8" type="given" value="CHARLES"/>CHARLES HALL</persName> </hi>, Q.C., M.P., K.C.M.G., Recorder of the said City; Lieut.-Col.
<hi rend="smallCaps">
<persName id="t18941210-name-9" type="judiciaryName">
<interp inst="t18941210-name-9" type="gender" value="male"/>
<interp inst="t18941210-name-9" type="surname" value="DAVIES"/>
<interp inst="t18941210-name-9" type="given" value="HORATIO DAVID"/>HORATIO DAVID DAVIES</persName> </hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18941210-name-10" type="judiciaryName">
<interp inst="t18941210-name-10" type="gender" value="male"/>
<interp inst="t18941210-name-10" type="surname" value="GREEN"/>
<interp inst="t18941210-name-10" type="given" value="FRANK"/>FRANK GREEN</persName> </hi>, Esq., Sir
<hi rend="smallCaps">JOSEPH COCKFIELD DIMSDALE</hi>, Knt.,
<hi rend="smallCaps">
<persName id="t18941210-name-11" type="judiciaryName">
<interp inst="t18941210-name-11" type="gender" value="male"/>
<interp inst="t18941210-name-11" type="surname" value="POUND"/>
<interp inst="t18941210-name-11" type="given" value="JOHN"/>JOHN POUND</persName> </hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18941210-name-12" type="judiciaryName">
<interp inst="t18941210-name-12" type="gender" value="male"/>
<interp inst="t18941210-name-12" type="surname" value="MORGAN"/>
<interp inst="t18941210-name-12" type="given" value="WALTER VAUGHAN"/>WALTER VAUGHAN MORGAN</persName> </hi>, Esq., other Aldermen of the said City; and Sir
<hi rend="smallCaps">
<persName id="t18941210-name-13" type="judiciaryName">
<interp inst="t18941210-name-13" type="gender" value="male"/>
<interp inst="t18941210-name-13" type="surname" value="FULTON"/>
<interp inst="t18941210-name-13" type="given" value="FORREST"/>FORREST FULTON</persName> </hi>, Knt., Q.C., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-14" type="judiciaryName">
<interp inst="t18941210-name-14" type="gender" value="male"/>
<interp inst="t18941210-name-14" type="surname" value="SAMUEL"/>
<interp inst="t18941210-name-14" type="given" value="MARCUS"/>MARCUS SAMUEL</persName> </hi>, Esq., Alderman.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-15" type="judiciaryName">
<interp inst="t18941210-name-15" type="gender" value="male"/>
<interp inst="t18941210-name-15" type="surname" value="HAND"/>
<interp inst="t18941210-name-15" type="given" value="GEORGE"/>GEORGE HAND</persName> </hi>, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-16" type="judiciaryName">
<interp inst="t18941210-name-16" type="gender" value="male"/>
<interp inst="t18941210-name-16" type="surname" value="BEARD"/>
<interp inst="t18941210-name-16" type="given" value="THOMAS"/>THOMAS BEARD</persName> </hi>, Esq.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-17" type="judiciaryName">
<interp inst="t18941210-name-17" type="gender" value="male"/>
<interp inst="t18941210-name-17" type="surname" value="PHILLIPS"/>
<interp inst="t18941210-name-17" type="given" value="FRANCIS ROBERT MIDDLETON"/>FRANCIS ROBERT MIDDLETON PHILLIPS</persName> </hi>.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">RENALS, MAYOR. SECOND SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—a dagger</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, December</hi> 10
<hi rend="italic">th</hi> 1894.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<interp inst="def1-67-18941210" type="surname" value="LETTS"/>
<interp inst="def1-67-18941210" type="given" value="ALFRED WOODLEY"/>
<hi rend="largeCaps">ALFRED WOODLEY LETTS</hi> </persName>,
<rs id="t18941210-67-offence-1" type="offenceDescription">
<interp inst="t18941210-67-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18941210-67-offence-1" type="offenceSubcategory" value="perjury"/>Unlawfully committing wilful and corrupt perjury in an affidavit used in an action pending between him and
<persName id="t18941210-name-19">
<interp inst="t18941210-name-19" type="gender" value="male"/>
<interp inst="t18941210-name-19" type="surname" value="WATSON"/>
<interp inst="t18941210-name-19" type="given" value="WALTER KENWORTHY"/>Walter Kenworthy Watson</persName>.</rs> </p>
<hi rend="smallCaps">MR. TRAVERS HUMPHREYS</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. C. F. GILL</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-20" type="witnessName">
<interp inst="t18941210-name-20" type="gender" value="male"/>
<interp inst="t18941210-name-20" type="surname" value="SALTER"/>
<interp inst="t18941210-name-20" type="given" value="THOMAS"/>THOMAS SALTER</persName> </hi>. I am a clerk in the Central Office at the Royal Courts of Justice—I produce this affidavit, which purports to be sworn by Alfred Woodley Letts on 24th August, 1894, in the action of Watson
<hi rend="italic">v.</hi> Letts.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-21" type="witnessName">
<interp inst="t18941210-name-21" type="gender" value="male"/>
<interp inst="t18941210-name-21" type="surname" value="COOPER"/>
<interp inst="t18941210-name-21" type="given" value="FREDERICK"/>FREDERICK COOPER</persName> </hi>. I am managing clerk to G. R. Grant and Co., of 41, Norfolk Street, Strand, solicitors for the plaintiff in the action of Watson
<hi rend="italic">v.</hi> Letts—I had the conduct of that business—I attended before Master Wilberforce at the hearing of the summons under Order 14—this office copy of the plaintiff's affidavit was then produced and used in support of the application for judgment; it stated that there is no defence to the action—Mr. Fearn, who represented the defendant, pro
<lb/>duced this affidavit of the defendant. (
<hi rend="italic">In this affidavit the prisoner stated that he was not indebted to the plaintiff, that the promissory note for</hi> £500
<hi rend="italic">had never been presented to him for payment, and that the plaintiffs claim was barred by the Statute of Limitations; that he (the prisoner) had made the promissory note for the accommodation of the plaintiff without considera
<lb/>tion, and he denied that the plaintiff was the holder for value, as at the time of making it and since he did not owe the plaintiff any money</hi>). The Master read it, and, then the summons was adjourned for me to consider what to do—at the second hearing an order was made that the whole amount should be paid into Court in seven days, and if not judgment with costs to be taxed—this judgment recites the order—the prisone was present when the affidavit was produced in the Master's room—I do not know his writing.</p>
<hi rend="italic">Cross-examined.</hi> I was not in Grant's employment when he acted for Watson in the dissolution of the partnership—I went into the employ
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<p>in July, 1893—Mr. Grant has not been acting for Watson in any matters recently, that I am aware of—I have no knowledge of this pro
<lb/>missory note, only that it was handed to me to issue a writ on it—when the affidavit was made in answer to the application under Order 14, the matter was adjourned, and a fresh affidavit in reply was sworn by Watson and by Grant—I attended the hearing before the Master when that fresh affidavit was used—the prisoner's solicitor was there, and he said that the prisoner was away somewhere—I don't think he said that these matters alleged in this fresh affidavit required explanation, and that he wanted an opportunity of consulting him; I will swear he did not—I suppose he told the Master his client was away, because he could not answer the affidavit in time—I believe he got the fresh affidavit just before the matter came on; I sent it as soon as I got it sworn—I think Mr. Fearn said something about the circumstances with regard to the dissolution not being within his knowledge—I cannot remember the exact words he used—the matters with regard to the business were known to Mr. Grant and Mr. Watson.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-22" type="witnessName">
<interp inst="t18941210-name-22" type="gender" value="male"/>
<interp inst="t18941210-name-22" type="surname" value="GRANT"/>
<interp inst="t18941210-name-22" type="given" value="GEORGE REGINALD"/>GEORGE REGINALD GRANT</persName> </hi>. I am a solicitor, of 41, Norfolk Street, Strand—in 1887 the prisoner was a client of mine—he introduced Mr. Watson to me as a client—I think I had acted for the prisoner for a short time before the matter of the dissolution of the partnership—in 1887 I knew they were partners—for two or three months before the dissolution negotiations were going on—I acted for them in the dissolu
<lb/>tion—I prepared this deed of dissolution and this assignment and release, which were signed on August 24th by the two parties in my office in my presence. (
<hi rend="italic">The deeds of dissolution and release were read. The deed of dissolution recited that Letts was to carry on the business and pay Watson</hi> £500
<hi rend="italic">as his share of the business. The release stated that a valuation having been made of all moneys, stock, trade debts and other effects of the partnership, an the parties admitting that Watson's share of the business amounted to</hi> £500,
<hi rend="italic">Watson agreed to execute the deed upon receipt from Letts of his not of hand for</hi> £500
<hi rend="italic">with</hi> 5
<hi rend="italic">per cent, interest, and assign to Letts his share and interest, Letts to collect all debts owing, and discharge all liabilities due by the firm and to indemnify Watson</hi>)—am the attesting witness—I have no doubt the documents were read over to them—I had frequently seen them during the negotiations—on the day of the signing of the deed of dissolution this promissory note in the prisoner's writing was signed—the signatures on all three documents and on this affidavit the his—I believed I retained the promissory note—between that time and the time the action was brought I saw the prisoner several times—I spoke to him, more particularly about the payment of the interest on the pro
<lb/>missory note—that may have been half a dozen times—he never paid me any interest up it; he used to shrug his shoulders and say, "I am not in a position yet to pay anything; as you know, I am only now in a berth"—he meant he was in a situation—he never suggested that he had made the promissory note for Watson's accommodation and without con
<lb/>sideration, or that he did not owe the money—in 1893 Mr. Watson instructed me to bring an action upon the note—the writ in the action was issued on 15th August, 1893—I entrusted the service of the writ to one of my clerks—it was not served for some months, as the prisoner was not living at the address which I knew him at—after issuing the writ I</p>
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<p>left the matter in Mr. Cooper's hands, and lie attended the summons and so on.</p>
<hi rend="italic">Cross-examined.</hi> When this writ was issued Watson owed me money for costs, nothing else—it was something under £100—the costs had been incurred before the dissolution, more than six years ago, and after—we had seen one another once or twice about it—I had not applied to him specifically for the money; I had not delivered a detailed bill and applied for payment—I knew him too well to be a gentleman who would pay if he could—I had not lent him money—at the time of the dissolution some of the business books were handed to us for the purpose of sueing—I never looked into them personally, and could not tell you what books they were, except that there were three—we have had those books from that day to this; we have never been applied to for them—I believe they were ledger, day-book, and cash-book—I never looked at them—it is not true that I knew this deed was a mere sham, and that the business was absolutely worthless; the suggestion is abso
<lb/>lutely untrue—I did not know anything about the business; I was not to know it was worthless; it was not my business to know—I did not know that months before the dissolution no business had been done; I believed that business had been done, because the prisoner suggested that new money should be introduced into it, as it was a developing business, and I can produce a letter to corroborate that—I may have been at the business premises once; I am not quite sure; it is seven years ago—I don't believe any executions were put into the place before the dissolution—I don't know how many times the landlord had distrained for rent—I think I heard once something about the landlord, but I certainly did not hear that he had been in several times—I was only engaged for two months before the dissolution—I do not know the landlord—I did not know that he took the furniture for the rent; or that when executions where put in they were withdrawn because there was nothing to take—I do not believe the landlord took the furniture till after the dissolution—I never saw the banking account—I had no knowledge of the condition of this business got from the books—I think it ceased to exist some months after the dissolution; I cannot fix the time at all—I speak to the best of my belief—I do not know that the landlord had possession of the premises in August—I had no actual knowledge of the financial position of the business, except from what the parties told me, and that Mr. Watson had put in something like £1,100, I think—I never saw the pass book—the suggestion is absolutely untrue that this was not a real deed of dissolution—I cannot tell who made the valuation; the parties agreed between them; we were discussing it for two months—I never saw a valuation-the parties went into the figures and did it themselves, so far as I know—it was my suggestion that the books should be gone through and a statement got out, and Mr. Moody called on me at the instance of the partners—the deed recites that a valuation has been made of all the moneys, stock-in-trade, and so on—I took no steps to ascertain, what money was at the bank—the parties themselves went into the figures, as far as I know, at my suggestion, and agreed then—it was my suggestion that a third person should be employed, but they saved the ex
<lb/>pense and went into the matter themselves—I cannot say what the stock-in trade was—I do not know that there was nothing on the premises</p>
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<p>—they may have been stationers as well as printers and publishers—I kept no memorandum showing what the money and what the stock-in-trade was; I took it from instructions—I was seeing them pretty well every day at that time—the books came into my possession afterwards, to take action on certain debts due to the firm, not at the time of the dis
<lb/>solution—I recovered some debts; I cannot tell you how much; we retained money—I am not sure the prisoner did not have some, but considerable sums were due to us for costs for actions brought against Mr. Watson and the prisoner before and after the dissolution—the deed was not an answer to them so far as Mr. Watson was concerned; they could not dissolve the partnership and denude themselves of all liability—I don't think more than three actions were brought after the dissolution; we successfully defended in two cases—I don't believe we allowed judgment to go against Mr. Watson—probably a dozen actions were brought on behalf of the firm; I cannot tell you how much was recovered—we can send for our ledger, which would show how much we re
<lb/>covered and passed to the credit of A. W. Letts and Co.—I cannot remember how soon after the dissolution I knew that the prisoner was in employment, several months—I have asked him about six times for the money—two or three times of the six times were in the Strand; once in Queen Victoria Street, and at my office; I cannot tell you the date I asked him at my office—I acted for him for some time after that—I asked him for the money several times within a period of two years afterwards—I saw him at the Lancaster Club in the Savoy—we had a conversation—I did not tell him I had that promissory note, and that he could have it for £50—we spoke about the promissory note; I don't think I mentioned it first—probably I told him I had it—I had it—it had been endorsed to me generally; I could not negotiate or deal with it—I got Watson's endorsement at the time of the partnership deed; the whole thing took place together—I did not know that the prisoner was in employment from some months after the transaction till now—after some time he seemed to keep out of my way, and I had no opportu
<lb/>nity of inquiring—a few months after I heard he was in employment I do not know where he is employed now—I don't think I ever inquired—I knew his father lived at St. Ann's Vicarage, Stamford Hill; he is the vicar there, and has lived there all these years—this writ was not left there, I think; I think it was served at his own residence—I don't think I wrote to his father's house; I won't say for certain—his solicitor called on me after I issued the writ—I object to give our con
<lb/>versation, as, at his suggestion, it was to be strictly without prejudice—I think we have made inquiries where he is, and as to his position to pay the money under the judgment—before applying for a summons I wrote him this letter, asking for an explanation. (
<hi rend="italic">The letter was read. It called on the prisoner for an explanation of the statements in his affidavit, and stated that if the explanation were not satisfactory they would have to take steps</hi>)—I wanted to know whether the prisoner was in a position to ex
<lb/>plain the statements contained in his affidavit, which had taken us altogether by surprise—according to us it was a tissue of lies, but he might have refreshed his memory in the meantime, and tried to excuse himself—nothing passed between me and my client with regard to getting money by means of a summons at the Police-court</p>
<xptr type="pageFacsimile" doc="189412100007"/>
<p>—I have heard of such a thing being done—I received this reply to my letter. (
<hi rend="italic">This stated that the witness acted for both parties when the deed of dissolution was drawn up; that the prisoner did not remember any valuation being made, and that as at the time of dissolution the business was moribund, and the capital practically lost, the prisoner was under the impression that he got no consideration for the promissory note for</hi> £500)—the statement that the business was moribund is untrue; it is only the statement of the solicitor who is now acting for him—I have not since that letter seen the man who was in the firm's employment, or the landlord—I was a party to the swearing of the information, as I was a witness to the deed.</p>
<hi rend="italic">Re-examined.</hi> After the dissolution the prisoner was seeking a new partner—this is the letter the prisoner wrote me on 28th June, 1887, two months before the dissolution. (
<hi rend="italic">This confirmed the offer he had made to let Watson give up his share in the business and receive</hi> £500,
<hi rend="italic">Letts taking over all liabilities and assets; or if Watson preferred to remain as a sleeping partner, Letts would pay him</hi> 10
<hi rend="italic">per cent, of the net profits; and it stated that it was to be clearly understood that Watson was not to have any legal claim on Letts or the business for any sum until Watson could clearly show that Letts or the business could pay him the full amount with-out damaging the business</hi>)—in drawing up the deed of dissolution I got the figure £500 from both partners—the prisoner was the acting partner, and appeared to understand the business—I never heard, till the prisoner was at the Police-court, a suggestion that this deed was not intended to be a real deed—the prisoner was represented by Counsel at the Police-court, and we caused inquiries to be made as to his ability to pay—I think that was after judgment was obtained—I cannot say that I made inquiries before the writ was issued and served as to his ability to pay; Mr. Watson had thrown the responsibility on me—I should think my conversation with the prisoner at the Lancaster Club was in 1888—only he and I were present—he referred to the subject matter of the promissory note, and put it to me that as he was not now in a posi
<lb/>tion to pay the principal moneys, would I use my influence with Mr. Watson to get him to take £50 in discharge of it—I said that I thought the proposition was too absurd—I don't think I ever submitted it to Mr. Watson—this is our ledger for County Court work at that period—there is no truth in the suggestion that I took out a summons at the Police-court in order to get money, or that Mr. Watson instructed me to do so.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-23" type="witnessName">
<interp inst="t18941210-name-23" type="gender" value="male"/>
<interp inst="t18941210-name-23" type="surname" value="MCKAY"/>
<interp inst="t18941210-name-23" type="given" value="WILLIAM"/>WILLIAM MCKAY</persName> </hi>. I am a solicitor and Commissioner for Oaths of 85, Gracechurch Street—this affidavit was sworn before me—I cannot identify the person who swore it.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-24" type="witnessName">
<interp inst="t18941210-name-24" type="gender" value="male"/>
<interp inst="t18941210-name-24" type="surname" value="WATSON"/>
<interp inst="t18941210-name-24" type="given" value="WALTER KENWORTHY"/>WALTER KENWORTHY WATSON</persName> </hi>. I live at Southport—I know Mr. Letts; I entered into partnership with him—I cannot remember the date; I suppose it was on 1st November, 1886—he was then carrying on the busi
<lb/>ness of a printer and stationer in Stanhope Street, Strand—I put money into the business; I think £100 in the first place, and afterwards £200, and after that £100; altogether, I think, about £500—I knew nothing about the business before—I supposed that Mr. Letts understood it; he took an active part in it—we continued in partnership till 24th August, 1887—I really could not say when we first talked of a dissolution; I</p>
<xptr type="pageFacsimile" doc="189412100008"/>
<p>have no recollection—we talked of it for some months—I went to Mr. Grant as my solicitor—I believe Mr. Letts had been to him before; I am not certain—Mr. Letts introduced me to Mr. Grant, and he acted in the dissolution for both parties—I have been with Mr. Letts to see him—I believe Mr. Grant drew up the instruction, and we agreed to it—I signed this deed of dissolution on 24th August, and the assignment, too—I had agreed to pay £500 as my share—Letts agreed to give me a note of hand for £500 and £1,000 In cash, and I agreed to take it—he had not the cash, I suppose, to give me, and he gave me that note—the £500 was for my share of the business—the promissory note was not made for my ac
<lb/>commodation—I don't know what the endorsement on it was—I endorsed it generally; I left it with Mr. Grant; he continued to be my solicitor—I saw him several times from time to time between 1887 and 1893, when the action was brought—I think I only saw Letts twice or three times—in 1893 I instructed Mr. Grant to bring an action—on 17th August, 1894, I swore an affidavit; this is it—I was the holder of the promissory note; I suppose it was for value—at the time of the making of the note Letts owed me £500.</p>
<hi rend="italic">Cross-examined.</hi> In this matter I acted under Mr. Grant's advice; I owed him some money—Letts' family and mine are known to each other; both families are in a respectable position—I was in the business for about two months before I joined him—I had no reason to suppose that he was not a thoroughly honourable man in every way—I did not keep the books; I think only a journal or ledger was kept—there was a cash-book—I did not keep the books; I had access to them—a man named Nicholson was in the employ, and an office-boy—Letts and I each drew £2 or £3 a week—I had been in the cotton business before this—we generally drew cheques jointly—if I remember rightly, we both signed them—we lost money on the business—the banking account ended in December, 1887; the balance was £5 9s. 4d.—I think that was a credit balance; I then left—we tried to get orders; I don't suppose there was any business doing—I think one execution was put in before I left—I believe we made some arrangement with the landlord—I have often made payments—I kept a small book called a cash-book—I think I left about a month after the dissolution—I don't remember the date—I believe the landlord took the office furniture—I do not know how often the landlord distrained—I do not know who the creditors were that put in executions—I do not know that the waste paper was sold to defray the office boy's expenses—I thought the prisoner might get a partner, and so be able to repay me the £500, or he might have expectations—I knew that he was going to be married—I knew that before Mr. Grant told me—I do not remember that he ever told me; I knew it myself—I think I read the deed of dissolution before I signed it—I think there was a valuation made; I forget by whom—I think we had somebody to make some sort of valuation—there was a little furniture, a few chairs and a desk—I could not say how much they would be worth—if at any time he was in a position to pay me this money, I thought he would do it—he took the whole thing over, and freed me entirely from the business—I did not know that the prisoner had got employment when our business came to an end; not for some time afterwards—I knew that he had been in employment since—I do not know why I endorsed this note to Mr.</p>
<xptr type="pageFacsimile" doc="189412100009"/>
<p>Grant—I don't know how much I owed—I left the whole thing in Mr. Grant's hands—the idea was that I would wait for some time till Letts came into money—I don't know whose death I was to wait for—I simply asked Mr. Grant to recover the money—he suggested that I should get it out of Letts' father, who is a clergyman—I thought there was something about the Statute of Limitations—I think I met Mr. Grant twelve months before by appointment; he did not act for me till very recently—I think I had seen him twelve months before the case was started; we simply met, and talked the matter over—I believe Letts was in employment when this action was brought against him; I did not know where he was, or in what business—I suppose I knew where his father was living, if he was still in the same place; I could not swear that he was, I knew where he used to live—Mr. Grant advised me as to the judgment under Order 14, and about taking out a summons at the Police-court—I suppose I thought that would be a good way of getting the money—I think Mr. Grant showed me the letter he had written; I authorised him to do his best to get the money, but I have not seen the letter before—I believe I had in
<lb/>structed him to write the letter—it was not with the idea that the prisoner's friends would find the money; it was to get the money—he might have come to some arrangement—I can't remember whether Mr. Grant showed me the letter he wrote on 26th September; I believe I remember that letter—I have got several letters of Mr. Grant's here—I don't remember the prisoner's answer—I don't remember Mr. Grant show
<lb/>ing it to me—I left the matter entirely in the hands of Mr. Grant alto
<lb/>gether—I would not say that there is anything in that letter which is not true—I think the letter is perfectly true.</p>
<hi rend="italic">The</hi>
<hi rend="smallCaps">RECORDER</hi>
<hi rend="italic">here expressed his opinion that after this evidence it would be difficult for the</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">to find a verdict of Guilty.</hi> </p>
<hi rend="italic">The</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">stated that they were unanimous in finding a verdict of</hi> </p>
<hi rend="smallCaps">
<rs id="t18941210-67-verdict-1" type="verdictDescription">
<interp inst="t18941210-67-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18941210-67-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18941210-68">
<interp inst="t18941210-68" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-68" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-68-charge-1" targOrder="Y" targets="def1-68-18941210 t18941210-68-offence-1 t18941210-68-verdict-1"/>
<join result="criminalCharge" id="t18941210-68-charge-2" targOrder="Y" targets="def1-68-18941210 t18941210-68-offence-2 t18941210-68-verdict-1"/>
<persName id="def1-68-18941210" type="defendantName">
<interp inst="def1-68-18941210" type="gender" value="male"/>
<interp inst="def1-68-18941210" type="age" value="36"/>
<interp inst="def1-68-18941210" type="surname" value="MANN"/>
<interp inst="def1-68-18941210" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY MANN</hi> (36)</persName>
<hi rend="smallCaps">
<rs id="t18941210-68-verdict-1" type="verdictDescription">
<interp inst="t18941210-68-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-68-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to a
<rs id="t18941210-68-offence-1" type="offenceDescription">
<interp inst="t18941210-68-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-68-offence-1" type="offenceSubcategory" value="burglary"/>burglary in the dwelling-house of
<persName id="t18941210-name-26" type="victimName">
<interp inst="t18941210-name-26" type="gender" value="male"/>
<interp inst="t18941210-name-26" type="surname" value="BIGGS"/>
<interp inst="t18941210-name-26" type="given" value="ALFRED CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-68-offence-1 t18941210-name-26"/>Alfred Charles Biggs</persName>, with intent to steal, and after
<lb/>wards breaking out of the said dwelling-house;</rs>
<rs id="t18941210-68-offence-2" type="offenceDescription">
<interp inst="t18941210-68-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18941210-68-offence-2" type="offenceSubcategory" value="theftFromPlace"/>
<hi rend="italic">also</hi> to breaking and entering the warehouse of
<persName id="t18941210-name-27" type="victimName">
<interp inst="t18941210-name-27" type="gender" value="male"/>
<interp inst="t18941210-name-27" type="surname" value="WOOD"/>
<interp inst="t18941210-name-27" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-68-offence-2 t18941210-name-27"/>Henry Wood</persName>, and stealing 7d.</rs> </p>
<hi rend="italic">
<rs id="t18941210-68-punishment-1" type="punishmentDescription">
<interp inst="t18941210-68-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-68-punishment-1" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-68-18941210 t18941210-68-punishment-1"/>Eighteen Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18941210-69">
<interp inst="t18941210-69" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-69" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-69-charge-1" targOrder="Y" targets="def1-69-18941210 t18941210-69-offence-1 t18941210-69-verdict-1"/>
<persName id="def1-69-18941210" type="defendantName">
<interp inst="def1-69-18941210" type="gender" value="male"/>
<interp inst="def1-69-18941210" type="age" value="24"/>
<interp inst="def1-69-18941210" type="surname" value="PERRY"/>
<interp inst="def1-69-18941210" type="given" value="GEORGE JAMES"/>
<hi rend="largeCaps">GEORGE JAMES PERRY</hi> (24)</persName>
<rs id="t18941210-69-offence-1" type="offenceDescription">
<interp inst="t18941210-69-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-69-offence-1" type="offenceSubcategory" value="burglary"/>, Burglary in the dwelling-house of
<persName id="t18941210-name-29" type="victimName">
<interp inst="t18941210-name-29" type="gender" value="male"/>
<interp inst="t18941210-name-29" type="surname" value="VILVANE"/>
<interp inst="t18941210-name-29" type="given" value="STEPHEN HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-69-offence-1 t18941210-name-29"/>Stephen Henry Vilvane</persName>, and stealing a bag, account books, and other articles.</rs> </p>
<hi rend="smallCaps">MR. RADFORD</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-30" type="witnessName">
<interp inst="t18941210-name-30" type="gender" value="male"/>
<interp inst="t18941210-name-30" type="surname" value="VILVANE"/>
<interp inst="t18941210-name-30" type="given" value="STEPHEN HERBERT"/>STEPHEN HERBERT VILVANE</persName> </hi>. I am a commercial traveller—on 22nd November, about 5.40 a.m., my servant called me, and made a statement to me—I got up and went downstairs, and in my breakfast parlour I found the prisoner with his boots off, asleep in one of the easy chairs—the gas was alight—I went up and asked the prisoner how he got there—he said he could not remember, and he put on his boots very hurriedly—I then noticed this handbag, which I had left locked on the table the nigh More, lying at his feet—it was cut, and this box containing indiarubbe stamps, which had been inside, was outside on the hearthrug—I asked the prisoner if he could account for its being cut—he said he could not—</p>
<xptr type="pageFacsimile" doc="189412100010"/>
<p>Inside the bag there were still business papers and 16s.—going to the station I saw the prisoner throw away a packet of tobacco that I had opened the previous morning—I thought it was only the tinfoil wrapper, but as I returned from the station I saw it lying in the gutter, and pointed it out to the constable, who picked it up—in the breakfast-room I saw the curtain was disarranged, and I concluded that he had got in through the window—there was a table under the window, the full width of the window, and to get in a man would have to walk across the table, and in doing so he had kicked aside the curtain.</p>
<hi rend="italic">Cross-examined.</hi> The inspector saw me open the bag at the station.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-31" type="witnessName">
<interp inst="t18941210-name-31" type="gender" value="female"/>
<interp inst="t18941210-name-31" type="surname" value="KNOCK"/>
<interp inst="t18941210-name-31" type="given" value="EMMA"/>EMMA KNOCK</persName> </hi>. I am servant to the last witness—on 21st November, when I went to bed, everything was safely locked up—the window was fastened—when I came down next morning I found the prisoner sleeping in a chair; the gas was alight—I told my master, who came down—after the prisoner had been taken away I found this knife—it does not belong to the house—the window fastens with an ordinary catch, which could be pushed back with a knife.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-32" type="witnessName">
<interp inst="t18941210-name-32" type="gender" value="male"/>
<interp inst="t18941210-name-32" type="surname" value="EDWARDS"/>
<interp inst="t18941210-name-32" type="given" value="EDWARD"/>EDWARD EDWARDS</persName> </hi> (357
<hi rend="italic">N</hi>). At 6.5 a.m., on 22nd November, I was called to 39, Grosvenor Road, Canonbury, by the last witness, and I saw the prisoner sitting in a chair—I asked him how he accounted for being there—he said he did not know how he got there—I examined the window, and found it unfastened—the catch was down; the curtains had been dis
<lb/>arranged—he was taken to the station and charged, and he again said he did not know how he got there—he afterwards said he wished another charge entered against him, that of deserting from the 14th Hussars.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-33" type="witnessName">
<interp inst="t18941210-name-33" type="gender" value="male"/>
<interp inst="t18941210-name-33" type="surname" value="BAILEY"/>
<interp inst="t18941210-name-33" type="given" value="ALFRED"/>ALFRED BAILEY</persName> </hi> (
<hi rend="italic">Inspector G</hi>). On the morning of 22nd November I was called to 39, Grosvenor Road, Canonbury—I found a freshly-made bright mark on the brass work of the window catch—after I had charged the prisoner I showed him this knife, and said, "This knife was found on the floor near where you were sitting"—he said, "I don't know anything about it. It does not belong to me, and I cannot see why I can be charged with stealing that bag."</p>
<hi rend="italic">The prisoner, in his defence, stated that he won money upon a horse race and got drunk, and that when he came round in the morning, he found himself in custody.</hi> </p>
<hi rend="smallCaps">
<rs id="t18941210-69-verdict-1" type="verdictDescription">
<interp inst="t18941210-69-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-69-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>*
<hi rend="italic">to a conviction of felony in November</hi>, 1892,
<hi rend="italic">in the name of John James, at this Court.—
<rs id="t18941210-69-punishment-2" type="punishmentDescription">
<interp inst="t18941210-69-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-69-punishment-2" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-69-18941210 t18941210-69-punishment-2"/>Fifteen Months Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18941210-70">
<interp inst="t18941210-70" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-70" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-70-charge-1" targOrder="Y" targets="def1-70-18941210 t18941210-70-offence-1 t18941210-70-verdict-1"/>
<persName id="def1-70-18941210" type="defendantName">
<interp inst="def1-70-18941210" type="gender" value="male"/>
<interp inst="def1-70-18941210" type="age" value="22"/>
<interp inst="def1-70-18941210" type="surname" value="DRISCOLL"/>
<interp inst="def1-70-18941210" type="given" value="WALTER"/>
<hi rend="largeCaps">WALTER DRISCOLL</hi> (22)</persName>
<rs id="t18941210-70-offence-1" type="offenceDescription">
<interp inst="t18941210-70-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-70-offence-1" type="offenceSubcategory" value="burglary"/>, Unlawfully attempting to burglar
<lb/>iously break and enter the dwelling-house of
<persName id="t18941210-name-35" type="victimName">
<interp inst="t18941210-name-35" type="gender" value="male"/>
<interp inst="t18941210-name-35" type="surname" value="LATHAM"/>
<interp inst="t18941210-name-35" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-70-offence-1 t18941210-name-35"/>Charles Latham</persName>, with intent to steal.</rs> </p>
<hi rend="smallCaps">MR. LYNE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-36" type="witnessName">
<interp inst="t18941210-name-36" type="gender" value="male"/>
<interp inst="t18941210-name-36" type="surname" value="LATHAM"/>
<interp inst="t18941210-name-36" type="given" value="CHARLES"/>CHARLES LATHAM</persName> </hi>. I am a pawnbroker, of 28, Shepperton Road, Isling
<lb/>ton—I left home at seven p.m., on 28th November, the doors were then per
<lb/>fectly secure and double locked—I came back at 1.30 a.m. on 29th, and found my house in the possession of the police and the shutters were down—the lock had been broken off the door, but the door was not open—I put the key in the lock, and the tongue of the lock fell down—I entered and found nothing disturbed; no one had entered the house.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-37" type="witnessName">
<interp inst="t18941210-name-37" type="gender" value="male"/>
<interp inst="t18941210-name-37" type="surname" value="CAPTAIN"/>
<interp inst="t18941210-name-37" type="given" value="JEREMIAH"/>JEREMIAH CAPTAIN</persName> </hi> (368
<hi rend="italic">N</hi>). On the morning of 29th November I was on duty in Shepperton Road—I heard a noise as of shutters being</p>
<xptr type="pageFacsimile" doc="189412100011"/>
<p>taken down, and I looked down the road, and saw the prisoner and another man taking down the shutters at No. 28, while another man on the other side of the road kept observation—I chased them—they all ran away—I caught the prisoner, knocked him down and held him till another constable came—he had this brick in his hand—I blew my whistle for assistance—another constable came and the prisoner was taken to the station.</p>
<hi rend="italic">Cross-examined by the prisoner.</hi> You did not pass me about two minutes before I heard the noise, when I was at the corner—I caught you fifty yards from the shop—the two men that ran away ran through Rose-mary Street, and this
<hi rend="italic">jemmy</hi> was found there by a private person about 8.30 that morning.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-38" type="witnessName">
<interp inst="t18941210-name-38" type="gender" value="male"/>
<interp inst="t18941210-name-38" type="surname" value="COLLETTE"/>
<interp inst="t18941210-name-38" type="given" value="CHARLES"/>CHARLES COLLETTE</persName> </hi> (
<hi rend="italic">Inspector N</hi>). At 2.15 a.m., on November 29th, I inspected these premises in Shepperton Road, and I found that the shutter bar had been forced off by an instrument and four shutters had been taken down—there were four distinctive marks on the door made by an instrument—the marks exactly correspond with this
<hi rend="italic">jemmy</hi>, which was brought to the station afterwards—the lock had been forced and was hanging, but the door had not been opened.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-39" type="witnessName">
<interp inst="t18941210-name-39" type="gender" value="male"/>
<interp inst="t18941210-name-39" type="surname" value="PARKIN"/>
<interp inst="t18941210-name-39" type="given" value="HENRY"/>HENRY PARKIN</persName> </hi>. I am a house decorator, living at 35, Mill Road—about 8.30 a.m. on November 29th I found this
<hi rend="italic">jemmy</hi> in the Rosemary Road, near Shepperton Road.</p>
<hi rend="italic">Cross-examined.</hi> It was about thirty or forty yards from the pawn-broker's shop, I suppose.</p>
<hi rend="italic">The prisoner, in his statement before the Magistrate and in his defence, stated that he was on his way home; that he passed the constable, and then saw two men at the shutters; that they ran off on seeing him, and that the constable came and arrested him.</hi> </p>
<hi rend="smallCaps">
<rs id="t18941210-70-verdict-1" type="verdictDescription">
<interp inst="t18941210-70-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-70-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>**—
<hi rend="italic">
<rs id="t18941210-70-punishment-3" type="punishmentDescription">
<interp inst="t18941210-70-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-70-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-70-18941210 t18941210-70-punishment-3"/>Ten Months' Hard Labour.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, December</hi> 10
<hi rend="italic">th</hi>, 1894.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18941210-71">
<interp inst="t18941210-71" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-71" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-71-charge-1" targOrder="Y" targets="def1-71-18941210 t18941210-71-offence-1 t18941210-71-verdict-1"/>
<persName id="def1-71-18941210" type="defendantName">
<interp inst="def1-71-18941210" type="gender" value="male"/>
<interp inst="def1-71-18941210" type="age" value="53"/>
<interp inst="def1-71-18941210" type="surname" value="EVANS"/>
<interp inst="def1-71-18941210" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM EVANS</hi> (53)</persName>
<rs id="t18941210-71-offence-1" type="offenceDescription">
<interp inst="t18941210-71-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18941210-71-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully having counterfeit coin in his possession with intent to utter it.</rs> </p>
<hi rend="smallCaps">MR. WILKINSON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-41" type="witnessName">
<interp inst="t18941210-name-41" type="gender" value="male"/>
<interp inst="t18941210-name-41" type="surname" value="CONTER"/>
<interp inst="t18941210-name-41" type="given" value="ELI"/>ELI CONTER</persName> </hi> (
<hi rend="italic">Police Sergeant H</hi>). On the afternoon of November 10th I was with Pearce in Brick Lane, City Road, and saw the prisoner—we followed him through various streets for an hour and a half, to Fann Street, where we lost him, and a few minutes afterwards found him in a coach house—I took him to the station and said, "What have you got about you?"—he produced this bag from under his coat and said, "This is all the counterfeit coin I have got about me"—I found in it seven counterfeit florins in one packet and two in another in tissue paper—I said "These are bad"—he said, "Yes"—he was charged and made no reply.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-42" type="witnessName">
<interp inst="t18941210-name-42" type="gender" value="male"/>
<interp inst="t18941210-name-42" type="surname" value="PEARCE"/>
<interp inst="t18941210-name-42" type="given" value="WILLIAM"/>WILLIAM PEARCE</persName> </hi>. (
<hi rend="italic">Detective H</hi>). I was with Conter and followed the prisoner—I searched him at the station and found a pocket knife with plaster of Paris in the nick, a piece of white metal, a packet of cyanide of potassium with "Sayer, surgeon, Brick Lane," on it, a piece of copper wire, a file, some tissue paper, and a purse containing a halfpenny and some silver and bronze.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-43" type="witnessName">
<interp inst="t18941210-name-43" type="gender" value="male"/>
<interp inst="t18941210-name-43" type="surname" value="WEBSTER"/>
<interp inst="t18941210-name-43" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. I am Inspector of Coin to Her Majesty's Mint</p>
<xptr type="pageFacsimile" doc="189412100012"/>
<p>—these five florins are counterfeit and these other two also, and all are from one mould—these two half-crowns are bad, one of them is unfinished, and both are from the same mould—all these articles are used for coining, and this is part of a
<hi rend="italic">get.</hi> </p>
<hi rend="italic">Prisoners defence.</hi> I met a friend who asked me to give these things to his wife, and I told the sergeant so.</p>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">He then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of a like offence at this</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">on July</hi> 30
<hi rend="italic">th</hi>, 1888,
<hi rend="italic">in the name of William Davis. The</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">then found him</hi> </p>
<rs id="t18941210-71-verdict-1" type="verdictDescription">
<interp inst="t18941210-71-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-71-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of felony.</hi> </rs>
<hi rend="italic"> Six other convictions were proved against him, and he had been twice sentenced to Seven Years Penal Servi
<rs id="t18941210-71-punishment-4" type="punishmentDescription">
<interp inst="t18941210-71-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-71-punishment-4" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-71-18941210 t18941210-71-punishment-4"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18941210-72">
<interp inst="t18941210-72" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-72" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-72-charge-1" targOrder="Y" targets="def1-72-18941210 t18941210-72-offence-1 t18941210-72-verdict-1"/>
<persName id="def1-72-18941210" type="defendantName">
<interp inst="def1-72-18941210" type="gender" value="female"/>
<interp inst="def1-72-18941210" type="age" value="48"/>
<interp inst="def1-72-18941210" type="surname" value="SMITH"/>
<interp inst="def1-72-18941210" type="given" value="ANN"/>
<hi rend="largeCaps">ANN SMITH</hi> (48)</persName>
<rs id="t18941210-72-offence-1" type="offenceDescription">
<interp inst="t18941210-72-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18941210-72-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering conterfeit coin.</rs> </p>
<hi rend="smallCaps">MR. PARTRIDGE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-45" type="witnessName">
<interp inst="t18941210-name-45" type="gender" value="female"/>
<interp inst="t18941210-name-45" type="surname" value="PIKE"/>
<interp inst="t18941210-name-45" type="given" value="GERTRUDE"/>GERTRUDE PIKE</persName> </hi>. I am barmaid at the Ship, Grove Passage, Hackney—on November 5th, between five and six o'clock, the prisoner came in with Blackaller. (
<hi rend="italic">See next case</hi>)—he tendered me a florin for three half
<lb/>pennyworth of gin and a glass of ale, making 2 & f 12; d.—I tested the florin and found it was bad—I called the landlord and gave it to him.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-46" type="witnessName">
<interp inst="t18941210-name-46" type="gender" value="male"/>
<interp inst="t18941210-name-46" type="surname" value="SIMONDS"/>
<interp inst="t18941210-name-46" type="given" value="CHARLES FINCHAM"/>CHARLES FINCHAM SIMONDS</persName> </hi>. I keep the Ship Inn—on November 23rd Pike called my attention to a florin—I asked the prisoners where they got it—they said from Mr. Taffs, a confectioner in the Grove—I said, "If you got it there I will cut it, and you can take it hack and say that Mr. Simonds cut it, and you can get it changed"—he paid for the drink with a good half-crown, and I gave him two good shillings and threepence halfpenny, and cut a piece out of the coin—I have not seen it since—I followed them out and spoke to the prisoner; we followed them to the Plaistow Arms—the man looked into the private bar and then they both went into the middle bar—I went into another compartment where they could not see me, and a policeman in uniform-was outside-the man put a florin down, so that it rang well, and asked Laura Chambers for three halfpenny
<lb/>worth of gin and a glass of mild ale—she put it on the shelf and gave them change—I called out to her, "What coin did they give you, because it is bad, whatever it is"—the man said he wanted to speak to his brother—I said, "You are not going out"—the barman called the landlady, and a good coin was brought from the shelf—I said, "That is not it," another was brought, and was found to be bad—they said that that was the one that was passed at my place—I said, "No, because I cut that," and I then cut this one.</p>
<hi rend="italic">Cross-examined by the prisoner.</hi> I did not give the coin back to Black
<lb/>aller; he asked me if I knew him by coming in to dinner—I said, "Yes," to throw him off his guard.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-47" type="witnessName">
<interp inst="t18941210-name-47" type="gender" value="female"/>
<interp inst="t18941210-name-47" type="surname" value="CHAMBERS"/>
<interp inst="t18941210-name-47" type="given" value="LAURA"/>LAURA CHAMBERS</persName> </hi>. I assist in the bar at the Plaistow Arms; the pro
<lb/>prietor is my cousin—on the evening of November 23rd the prisoner and Blackaller came in, and the man asked for three halfpennyworth of gin and a penny glass of beer, and gave me a florin—I took it for a good one, put it on the shelf, and gave him the change—there were some shil
<lb/>lings on the shelf and one other florin—Simonds came in and asked me what coin they had passed, and I took the wrong florin—he said, "No, that is not the one"—the prisoners were taken into custody.</p>
<xptr type="pageFacsimile" doc="189412100013"/>
<hi rend="smallCaps">
<persName id="t18941210-name-48" type="witnessName">
<interp inst="t18941210-name-48" type="gender" value="female"/>
<interp inst="t18941210-name-48" type="surname" value="PICKELL"/>
<interp inst="t18941210-name-48" type="given" value="MARIA"/>MARIA PICKELL</persName> </hi>. My daughter keeps the Plaistow Arms—on November 23rd the prisoner came in, and this piece of bad money was handed to me—I saw two florins on the shelf, one bad and one good one.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-49" type="witnessName">
<interp inst="t18941210-name-49" type="gender" value="male"/>
<interp inst="t18941210-name-49" type="surname" value="RISBRIDGE"/>
<interp inst="t18941210-name-49" type="given" value="HENRY"/>HENRY RISBRIDGE</persName> </hi> (48
<hi rend="italic">JR</hi>). On November 23rd I met Mr. Simonds, and with him followed the prisoner and Blackaller through several streets to the Plaistow Arms—I saw Mr. Simonds go into the centre bar—I went in and he had this coin in his hand, and cut it in my presence, and asked Blackaller where the coin was which he tendered at my shop—he said, "This is it"—Mr. Simonds said, "That is a lie, for I cut it, and nobody would take it"—Smith said it was very hard to get into trouble, as she had only just met Blackaller—I took her to the station, where she put on a desk nine good shillings, six sixpences, nineteen pence, and four half-pence—she went into a room with the female searcher, but nothing was produced—she gave her address 5, Barton Street, Hoxton Street, and Blackaller gave the same address, which was correct—Blackaller's mother lived there, but Smith never slept there.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-50" type="witnessName">
<interp inst="t18941210-name-50" type="gender" value="male"/>
<interp inst="t18941210-name-50" type="surname" value="WEST"/>
<interp inst="t18941210-name-50" type="given" value="HENRY"/>HENRY WEST</persName> </hi> (
<hi rend="italic">Policeman</hi>). I took Blackaller to the station, and found on him a half-crown, a sixpence, and twopence-halfpenny, but no shillings.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-51" type="witnessName">
<interp inst="t18941210-name-51" type="gender" value="male"/>
<interp inst="t18941210-name-51" type="surname" value="BRANCH"/>
<interp inst="t18941210-name-51" type="given" value="MATHEW"/>MATHEW BRANCH</persName> </hi>. I am foremam to Mr. Taff, who keeps a sweetstuff
<lb/>shop in the Grove, Hackney—Blackaller worked for him up to October 23rd, 1893—he was not there on November 23rd—he could not have re
<lb/>ceived a bad florin there, unless he took it a year ago.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-52" type="witnessName">
<interp inst="t18941210-name-52" type="gender" value="male"/>
<interp inst="t18941210-name-52" type="surname" value="CHILD"/>
<interp inst="t18941210-name-52" type="given" value="GEORGE"/>GEORGE CHILD</persName> </hi>. I am barman at the Britannia, Mare Street, Hackney—no bad florin was paid to the prisoners there on November 23rd, to my knowledge—I did not see anything of them.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-53" type="witnessName">
<interp inst="t18941210-name-53" type="gender" value="male"/>
<interp inst="t18941210-name-53" type="surname" value="WEBSTER"/>
<interp inst="t18941210-name-53" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. I am Inspector of Coins to Her Majesty's Mint—this coin is bad.</p>
<hi rend="italic">Smith's statement before the Magistrate</hi>: "I took a parcel to pawn for my daughter, and I had the money on me when I was arrested."</p>
<hi rend="italic">Witness for the defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-54" type="witnessName">
<interp inst="t18941210-name-54" type="gender" value="female"/>
<interp inst="t18941210-name-54" type="surname" value="SMITH"/>
<interp inst="t18941210-name-54" type="given" value="MARGARET"/>MARGARET SMITH</persName> </hi>. The prisoner gave me a parcel to pawn—this is the duplicate. (
<hi rend="italic">For</hi> 10s.)</p>
<hi rend="italic">Prisoner's defence.</hi> I met Blackaller, and drank with him, and went with him—I did not know he had got any bad coin.</p>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">She then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of a like offence at Reading on November 11th, 1890, in the name of Ann Williams. The</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">then found her</hi>
<rs id="t18941210-72-verdict-1" type="verdictDescription">
<interp inst="t18941210-72-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-72-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of felony.</hi> </rs>
<hi rend="italic"> (See next case.</hi>)</p> </div1>
<div1 type="trialAccount" id="t18941210-73">
<interp inst="t18941210-73" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-73" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-73-charge-1" targOrder="Y" targets="def1-73-18941210 t18941210-73-offence-1 t18941210-73-verdict-1"/>
<join result="criminalCharge" id="t18941210-73-charge-2" targOrder="Y" targets="def2-73-18941210 t18941210-73-offence-1 t18941210-73-verdict-1"/>
<persName id="def1-73-18941210" type="defendantName">
<interp inst="def1-73-18941210" type="gender" value="female"/>
<interp inst="def1-73-18941210" type="age" value="48"/>
<interp inst="def1-73-18941210" type="surname" value="SMITH"/>
<interp inst="def1-73-18941210" type="given" value="ANN"/>
<hi rend="largeCaps">ANN SMITH</hi> </persName> was
<hi rend="italic">again indicted</hi>, with
<persName id="def2-73-18941210" type="defendantName">
<interp inst="def2-73-18941210" type="gender" value="male"/>
<interp inst="def2-73-18941210" type="age" value="22"/>
<interp inst="def2-73-18941210" type="surname" value="BLACKALLER"/>
<interp inst="def2-73-18941210" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BLACK
<lb/>ALLER</hi> (22)</persName>
<rs id="t18941210-73-offence-1" type="offenceDescription">
<interp inst="t18941210-73-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18941210-73-offence-1" type="offenceSubcategory" value="coiningOffences"/>, for unlawfully uttering counterfeit coin twice on the same day. </rs>
<hi rend="italic">The evidence in the last case was repeated.</hi> </p>
<hi rend="smallCaps">
<rs id="t18941210-73-verdict-1" type="verdictDescription">
<interp inst="t18941210-73-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-73-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="largeCaps">SMITH</hi>
<hi rend="italic">had been twice sentenced to five years and once to six years' penal servitude—
<rs id="t18941210-73-punishment-5" type="punishmentDescription">
<interp inst="t18941210-73-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-73-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-73-18941210 t18941210-73-punishment-5"/>Six Years' Penal Servitude.</rs> </hi>
<hi rend="largeCaps">BLACKALLER</hi>
<hi rend="italic">
<rs id="t18941210-73-punishment-6" type="punishmentDescription">
<interp inst="t18941210-73-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-73-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-73-18941210 t18941210-73-punishment-6"/>Nine Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18941210-74">
<interp inst="t18941210-74" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-74" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-74-charge-1" targOrder="Y" targets="def1-74-18941210 t18941210-74-offence-1 t18941210-74-verdict-1"/>
<join result="criminalCharge" id="t18941210-74-charge-2" targOrder="Y" targets="def1-74-18941210 t18941210-74-offence-2 t18941210-74-verdict-1"/>
<persName id="def1-74-18941210" type="defendantName">
<interp inst="def1-74-18941210" type="gender" value="male"/>
<interp inst="def1-74-18941210" type="age" value="21"/>
<interp inst="def1-74-18941210" type="surname" value="SEXTON"/>
<interp inst="def1-74-18941210" type="given" value="ROBERT JOHN"/>
<hi rend="largeCaps">ROBERT JOHN SEXTON</hi> (21)</persName>
<hi rend="smallCaps">
<rs id="t18941210-74-verdict-1" type="verdictDescription">
<interp inst="t18941210-74-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-74-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t18941210-74-offence-1" type="offenceDescription">
<interp inst="t18941210-74-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18941210-74-offence-1" type="offenceSubcategory" value="forgery"/>forging and uttering a receipt for 20s., with intent to defraud;</rs>
<rs id="t18941210-74-offence-2" type="offenceDescription">
<interp inst="t18941210-74-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18941210-74-offence-2" type="offenceSubcategory" value="mail"/>
<hi rend="italic">also</hi> to stealing, while employed in the Post Office, a letter containing two orders for the payment of money, the property of
<persName id="t18941210-name-58" type="victimName">
<interp inst="t18941210-name-58" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-74-offence-2 t18941210-name-58"/>Her Majesty's Postmaster-General</persName> </rs></p>
<xptr type="pageFacsimile" doc="189412100014"/>
<hi rend="italic">
<rs id="t18941210-74-punishment-7" type="punishmentDescription">
<interp inst="t18941210-74-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-74-punishment-7" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-74-18941210 t18941210-74-punishment-7"/>Nine Months Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18941210-75">
<interp inst="t18941210-75" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-75" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-75-charge-1" targOrder="Y" targets="def1-75-18941210 t18941210-75-offence-1 t18941210-75-verdict-1"/>
<join result="criminalCharge" id="t18941210-75-charge-2" targOrder="Y" targets="def1-75-18941210 t18941210-75-offence-2 t18941210-75-verdict-1"/>
<join result="criminalCharge" id="t18941210-75-charge-3" targOrder="Y" targets="def1-75-18941210 t18941210-75-offence-3 t18941210-75-verdict-1"/>
<join result="criminalCharge" id="t18941210-75-charge-4" targOrder="Y" targets="def1-75-18941210 t18941210-75-offence-4 t18941210-75-verdict-1"/>
<persName id="def1-75-18941210" type="defendantName">
<interp inst="def1-75-18941210" type="gender" value="male"/>
<interp inst="def1-75-18941210" type="age" value="18"/>
<interp inst="def1-75-18941210" type="surname" value="CAIN"/>
<interp inst="def1-75-18941210" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED CAIN</hi> (18)</persName>
<rs id="t18941210-75-offence-1" type="offenceDescription">
<interp inst="t18941210-75-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18941210-75-offence-1" type="offenceSubcategory" value="wounding"/>, to unlawfully attempting to commit suicide;</rs>
<rs id="t18941210-75-offence-2" type="offenceDescription">
<interp inst="t18941210-75-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18941210-75-offence-2" type="offenceSubcategory" value="simpleLarceny"/>
<hi rend="italic">also</hi> to stealing a Post Office Savings Bank book, the property of
<persName id="t18941210-name-60" type="victimName">
<interp inst="t18941210-name-60" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-75-offence-2 t18941210-name-60"/>Her Majesty's Postmaster-General</persName>;</rs>
<rs id="t18941210-75-offence-3" type="offenceDescription">
<interp inst="t18941210-75-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t18941210-75-offence-3" type="offenceSubcategory" value="forgery"/>
<hi rend="italic">also</hi> to forg
<lb/>ing and uttering an order for the payment of money;</rs>
<rs id="t18941210-75-offence-4" type="offenceDescription">
<interp inst="t18941210-75-offence-4" type="offenceCategory" value="deception"/>
<interp inst="t18941210-75-offence-4" type="offenceSubcategory" value="forgery"/>
<hi rend="italic">also</hi> to forging a receipt for 12s., with intent to defraud</rs>
<rs id="t18941210-75-verdict-1" type="verdictDescription">
<interp inst="t18941210-75-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-75-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> </rs>
<rs id="t18941210-75-punishment-8" type="punishmentDescription">
<interp inst="t18941210-75-punishment-8" type="punishmentCategory" value="noPunish"/>
<interp inst="t18941210-75-punishment-8" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-75-18941210 t18941210-75-punishment-8"/>
<hi rend="italic">Judgment respited.</hi> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18941210-76">
<interp inst="t18941210-76" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-76" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-76-charge-1" targOrder="Y" targets="def1-76-18941210 t18941210-76-offence-1 t18941210-76-verdict-1"/>
<persName id="def1-76-18941210" type="defendantName">
<interp inst="def1-76-18941210" type="gender" value="male"/>
<interp inst="def1-76-18941210" type="age" value="27"/>
<interp inst="def1-76-18941210" type="surname" value="JONES"/>
<interp inst="def1-76-18941210" type="given" value="ALFRED FRANCIS"/>
<hi rend="largeCaps">ALFRED FRANCIS JONES</hi> (27)</persName>
<rs id="t18941210-76-offence-1" type="offenceDescription">
<interp inst="t18941210-76-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-76-offence-1" type="offenceSubcategory" value="mail"/>, to stealing, while employed in the Post Office, a letter containing a bill of exchange for £17 14s. 3d., the property of
<persName id="t18941210-name-62" type="victimName">
<interp inst="t18941210-name-62" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-76-offence-1 t18941210-name-62"/>Her Majesty's Postmaster-General</persName></rs>
<hi rend="italic">
<rs id="t18941210-76-punishment-9" type="punishmentDescription">
<interp inst="t18941210-76-punishment-9" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18941210-76-punishment-9" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-76-18941210 t18941210-76-punishment-9"/>To enter into recognizances</rs>.</hi>
<rs id="t18941210-76-verdict-1" type="verdictDescription">
<interp inst="t18941210-76-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-76-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18941210-77">
<interp inst="t18941210-77" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-77" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-77-charge-1" targOrder="Y" targets="def1-77-18941210 t18941210-77-offence-1 t18941210-77-verdict-1"/>
<persName id="def1-77-18941210" type="defendantName">
<interp inst="def1-77-18941210" type="gender" value="male"/>
<interp inst="def1-77-18941210" type="age" value="28"/>
<interp inst="def1-77-18941210" type="surname" value="BAKER"/>
<interp inst="def1-77-18941210" type="given" value="FRANK BRIEN"/>
<hi rend="largeCaps">FRANK BRIEN BAKER</hi> (28)</persName>
<rs id="t18941210-77-offence-1" type="offenceDescription">
<interp inst="t18941210-77-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-77-offence-1" type="offenceSubcategory" value="mail"/>, to causing a letter to be stolen in
<rs id="t18941210-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18941210-77-offence-1 t18941210-cd-1"/>1888</rs> contain
<lb/>ing £60, the money of
<persName id="t18941210-name-64" type="victimName">
<interp inst="t18941210-name-64" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-77-offence-1 t18941210-name-64"/>Her Majesty's Postmaster General</persName></rs>
<hi rend="italic">The prisoner gave himself up to the police, after going to Africa for six years.—
<rs id="t18941210-77-punishment-10" type="punishmentDescription">
<interp inst="t18941210-77-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-77-punishment-10" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-77-18941210 t18941210-77-punishment-10"/>Six Months' Hard Labour.</rs> </hi>
<rs id="t18941210-77-verdict-1" type="verdictDescription">
<interp inst="t18941210-77-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-77-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18941210-78">
<interp inst="t18941210-78" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-78" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-78-charge-1" targOrder="Y" targets="def1-78-18941210 t18941210-78-offence-1 t18941210-78-verdict-1"/>
<persName id="def1-78-18941210" type="defendantName">
<interp inst="def1-78-18941210" type="gender" value="male"/>
<interp inst="def1-78-18941210" type="age" value="25"/>
<interp inst="def1-78-18941210" type="surname" value="HOLLAND"/>
<interp inst="def1-78-18941210" type="given" value="FREDERICK CHARLES"/>
<hi rend="largeCaps">FREDERICK CHARLES HOLLAND</hi> (25)</persName>
<rs id="t18941210-78-offence-1" type="offenceDescription">
<interp inst="t18941210-78-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-78-offence-1" type="offenceSubcategory" value="mail"/>, to stealing, while employed in the Post Office, a letter containing forty-two penny postage stamps, the property of
<persName id="t18941210-name-66" type="victimName">
<interp inst="t18941210-name-66" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-78-offence-1 t18941210-name-66"/>Her Majesty's Post-master-General</persName>.—</rs>
<hi rend="italic">
<rs id="t18941210-78-punishment-11" type="punishmentDescription">
<interp inst="t18941210-78-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-78-punishment-11" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-78-18941210 t18941210-78-punishment-11"/>Fifteen Months' Hard Labour.</rs> </hi>
<rs id="t18941210-78-verdict-1" type="verdictDescription">
<interp inst="t18941210-78-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-78-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18941210-79">
<interp inst="t18941210-79" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-79" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-79-charge-1" targOrder="Y" targets="def1-79-18941210 t18941210-79-offence-1 t18941210-79-verdict-1"/>
<join result="criminalCharge" id="t18941210-79-charge-2" targOrder="Y" targets="def1-79-18941210 t18941210-79-offence-2 t18941210-79-verdict-1"/>
<persName id="def1-79-18941210" type="defendantName">
<interp inst="def1-79-18941210" type="gender" value="male"/>
<interp inst="def1-79-18941210" type="age" value="27"/>
<interp inst="def1-79-18941210" type="surname" value="KRUSE"/>
<interp inst="def1-79-18941210" type="given" value="HARRY AUGUSTUS"/>
<hi rend="largeCaps">HARRY AUGUSTUS KRUSE</hi> (27)</persName>
<rs id="t18941210-79-offence-1" type="offenceDescription">
<interp inst="t18941210-79-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-79-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, to breaking and entering the shop of the
<persName id="t18941210-name-68" type="victimName">
<interp inst="t18941210-name-68" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-79-offence-1 t18941210-name-68"/>Express Dairy Company</persName>, and stealing two brushes, a bottle of bovril, and other articles;</rs>
<rs id="t18941210-79-offence-2" type="offenceDescription">
<interp inst="t18941210-79-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18941210-79-offence-2" type="offenceSubcategory" value="simpleLarceny"/>
<hi rend="italic">also</hi> to stealing two pawn tickets, the property of
<persName id="t18941210-name-69" type="victimName">
<interp inst="t18941210-name-69" type="gender" value="male"/>
<interp inst="t18941210-name-69" type="surname" value="JUDD"/>
<interp inst="t18941210-name-69" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-79-offence-2 t18941210-name-69"/>George Judd</persName>, having been convicted at the North London Police-court on April 11th, 1892.</rs>
<hi rend="italic">
<rs id="t18941210-79-punishment-12" type="punishmentDescription">
<interp inst="t18941210-79-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-79-punishment-12" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-79-18941210 t18941210-79-punishment-12"/>Nine Months' Hard Labour.</rs> </hi>
<rs id="t18941210-79-verdict-1" type="verdictDescription">
<interp inst="t18941210-79-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-79-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18941210-80">
<interp inst="t18941210-80" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-80" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-80-charge-1" targOrder="Y" targets="def1-80-18941210 t18941210-80-offence-1 t18941210-80-verdict-1"/>
<join result="criminalCharge" id="t18941210-80-charge-2" targOrder="Y" targets="def1-80-18941210 t18941210-80-offence-2 t18941210-80-verdict-1"/>
<persName id="def1-80-18941210" type="defendantName">
<interp inst="def1-80-18941210" type="gender" value="male"/>
<interp inst="def1-80-18941210" type="age" value="28"/>
<interp inst="def1-80-18941210" type="surname" value="HILL"/>
<interp inst="def1-80-18941210" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE HILL</hi> (28)</persName>
<rs id="t18941210-80-offence-1" type="offenceDescription">
<interp inst="t18941210-80-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-80-offence-1" type="offenceSubcategory" value="housebreaking"/>, to breaking and entering the dwelling-house of
<persName id="t18941210-name-71" type="victimName">
<interp inst="t18941210-name-71" type="gender" value="male"/>
<interp inst="t18941210-name-71" type="surname" value="WALKER"/>
<interp inst="t18941210-name-71" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-80-offence-1 t18941210-name-71"/>Joseph Walker</persName>, and stealing an overcoat and other articles;</rs>
<rs id="t18941210-80-offence-2" type="offenceDescription">
<interp inst="t18941210-80-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18941210-80-offence-2" type="offenceSubcategory" value="housebreaking"/>
<hi rend="italic">also</hi> to breaking and entering the dwelling-house of
<persName id="t18941210-name-72" type="victimName">
<interp inst="t18941210-name-72" type="gender" value="male"/>
<interp inst="t18941210-name-72" type="surname" value="HEAD"/>
<interp inst="t18941210-name-72" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-80-offence-2 t18941210-name-72"/>Joseph Head</persName>, and stealing a coat and other articles.</rs>
<hi rend="italic">
<rs id="t18941210-80-punishment-13" type="punishmentDescription">
<interp inst="t18941210-80-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-80-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-80-18941210 t18941210-80-punishment-13"/>Six Months' Hard Labour.</rs> </hi>
<rs id="t18941210-80-verdict-1" type="verdictDescription">
<interp inst="t18941210-80-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-80-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18941210-81">
<interp inst="t18941210-81" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-81" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-81-charge-1" targOrder="Y" targets="def1-81-18941210 t18941210-81-offence-1 t18941210-81-verdict-1"/>
<persName id="def1-81-18941210" type="defendantName">
<interp inst="def1-81-18941210" type="gender" value="male"/>
<interp inst="def1-81-18941210" type="age" value="27"/>
<interp inst="def1-81-18941210" type="surname" value="LEAR"/>
<interp inst="def1-81-18941210" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK LEAR</hi> (27)</persName>
<rs id="t18941210-81-offence-1" type="offenceDescription">
<interp inst="t18941210-81-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18941210-81-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering the endorsement to an order for £2 15s., with intent to de
<hi rend="italic">
<rs id="t18941210-81-punishment-14" type="punishmentDescription">
<interp inst="t18941210-81-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-81-punishment-14" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-81-18941210 t18941210-81-punishment-14"/>Six Months' Hard Labour.</rs> </hi>
<rs id="t18941210-81-verdict-1" type="verdictDescription">
<interp inst="t18941210-81-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-81-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> And</p> </div1>
<div1 type="trialAccount" id="t18941210-16">
<interp inst="t18941210-16" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-16" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-16-charge-1" targOrder="Y" targets="def1-16-18941210 t18941210-16-offence-1 t18941210-16-verdict-1"/>
<persName id="def1-16-18941210" type="defendantName">
<interp inst="def1-16-18941210" type="gender" value="male"/>
<interp inst="def1-16-18941210" type="age" value="30"/>
<interp inst="def1-16-18941210" type="surname" value="WEBB"/>
<interp inst="def1-16-18941210" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES WEBB</hi> (30)</persName>
<rs id="t18941210-16-offence-1" type="offenceDescription">
<interp inst="t18941210-16-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18941210-16-offence-1" type="offenceSubcategory" value="rape"/>, to carnally knowing
<persName id="t18941210-name-75" type="victimName">
<interp inst="t18941210-name-75" type="gender" value="female"/>
<interp inst="t18941210-name-75" type="age" value="14"/>
<interp inst="t18941210-name-75" type="surname" value="GRANT"/>
<interp inst="t18941210-name-75" type="given" value="HARRIETT EDITH AGNES"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-16-offence-1 t18941210-name-75"/>Harriett Edith Agnes Grant</persName>, aged fourteen years.—</rs>
<hi rend="italic">
<rs id="t18941210-16-punishment-15" type="punishmentDescription">
<interp inst="t18941210-16-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-16-punishment-15" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-16-18941210 t18941210-16-punishment-15"/>Eighteen Months' Hard Labour.</rs> </hi>
<rs id="t18941210-16-verdict-1" type="verdictDescription">
<interp inst="t18941210-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-16-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 11
<hi rend="italic">th</hi>, 1894.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18941210-83">
<interp inst="t18941210-83" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-83" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-83-charge-1" targOrder="Y" targets="def1-83-18941210 t18941210-83-offence-1 t18941210-83-verdict-1"/>
<join result="criminalCharge" id="t18941210-83-charge-2" targOrder="Y" targets="def1-83-18941210 t18941210-83-offence-2 t18941210-83-verdict-1"/>
<persName id="def1-83-18941210" type="defendantName">
<interp inst="def1-83-18941210" type="gender" value="male"/>
<interp inst="def1-83-18941210" type="age" value="32"/>
<interp inst="def1-83-18941210" type="surname" value="PEAKE"/>
<interp inst="def1-83-18941210" type="given" value="SIDNEY NEVILLE"/>
<hi rend="largeCaps">SIDNEY NEVILLE PEAKE</hi> (32)</persName>
<hi rend="smallCaps">
<rs id="t18941210-83-verdict-1" type="verdictDescription">
<interp inst="t18941210-83-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-83-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t18941210-83-offence-1" type="offenceDescription">
<interp inst="t18941210-83-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18941210-83-offence-1" type="offenceSubcategory" value="fraud"/>un
<lb/>lawfully obtaining by false pretences certain valuable securities and certain quantities of wine from various persons;</rs>
<rs id="t18941210-83-offence-2" type="offenceDescription">
<interp inst="t18941210-83-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18941210-83-offence-2" type="offenceSubcategory" value="fraud"/>also to unlawfully obtaining credit by false pretences.</rs>
<hi rend="italic">
<rs id="t18941210-83-punishment-16" type="punishmentDescription">
<interp inst="t18941210-83-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-83-punishment-16" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-83-18941210 t18941210-83-punishment-16"/>Three Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18941210-84">
<interp inst="t18941210-84" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-84" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-84-charge-1" targOrder="Y" targets="def1-84-18941210 t18941210-84-offence-1 t18941210-84-verdict-1"/>
<persName id="def1-84-18941210" type="defendantName">
<interp inst="def1-84-18941210" type="gender" value="male"/>
<interp inst="def1-84-18941210" type="age" value="25"/>
<interp inst="def1-84-18941210" type="surname" value="BADERMAN"/>
<interp inst="def1-84-18941210" type="given" value="JACOB"/>
<hi rend="largeCaps">JACOB BADERMAN</hi> (25)</persName>
<rs id="t18941210-84-offence-1" type="offenceDescription">
<interp inst="t18941210-84-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18941210-84-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining from
<persName id="t18941210-name-78" type="victimName">
<interp inst="t18941210-name-78" type="gender" value="male"/>
<interp inst="t18941210-name-78" type="surname" value="FISHER"/>
<interp inst="t18941210-name-78" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-84-offence-1 t18941210-name-78"/>Frederick Fisher</persName> a pawnticket of a watch by false pretences.</rs> </p>
<hi rend="smallCaps">MR. FARELLY</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-79" type="witnessName">
<interp inst="t18941210-name-79" type="gender" value="male"/>
<interp inst="t18941210-name-79" type="surname" value="ABRAHAMS"/>
<interp inst="t18941210-name-79" type="given" value="DAVID"/>DAVID ABRAHAMS</persName> </hi> (
<hi rend="italic">Policeman</hi> 90
<hi rend="italic">H</hi>). I arrested the prisoner at 11 a.m. at Christian Street, Commercial Road, on the information of Israel Sanderwick and Frederick Fraser—the prisoner said he could not speak English, would I interpret to him what Sanderwick said?—I did so—I read Sander
<lb/>wick's statement to him; it was as follows "About 11 a.m. a countryman of mine (
<hi rend="italic">the prisoner</hi>) came to my house, 21, Filbert Street, with a watch, and said, How much is that watch worth? I said, "25s.; he said, I have paid a deposit on it, but the man wants 27s. for it; he then went away; on Tuesday, 16th, at 6 p.m., I was at 21, Greenfield Street. The prisoner came and said, 'Will you buy this ticket, as I have pawned the watch I showed you yesterday, as I require the money urgently?"</p>
<xptr type="pageFacsimile" doc="189412100015"/>
<p>I asked where it was pawned, and he replied, 'at Mr. Fisher's, in Com
<lb/>mercial Road, for 8s.; the prisoner then said, 'if you will give me 8s. for the ticket you can get the watch out of pawn when you like.' I then gave him 8s. for the ticket; about six p.m., on the 14th, I went to Mr. Fisher's to get the watch out of pawn. Mrs. Fisher endorsed the ticket, and gave it up on affidavit."—Then came the statement of Frederick Fisher, assistant pawnbroker—I read that, and interpreted it to him: "About 8.30 a.m. on the 14th November the prisoner came to my shop, 116, Commercial Road, and informed me that he was made drunk or drugged, and robbed of the ticket of his watch, and he applied to me for a declara
<lb/>tion form for an affidavit, which was granted by the Magistrate at Thames Police-court; the prisoner brought back the declaration form; he asked whether he would require to take the watch out of pawn at the same time; the prisoner said, 'No, I will pay the interest and take a new ticket"—I then told him I should take him into custody on the charge—he replied, "All right, all right"—at the station he was told that he would be detained for perjury and obtaining money by false pretences—he said, "All right, I will stop here"—when I read the charge to him he made no answer—on the way to the Police-court he said, "Well, if I get a few months I suppose I shall have to do it and put up with it"—he said that in English.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-80" type="witnessName">
<interp inst="t18941210-name-80" type="gender" value="male"/>
<interp inst="t18941210-name-80" type="surname" value="FRASER"/>
<interp inst="t18941210-name-80" type="given" value="FREDERICK"/>FREDERICK FRASER</persName> </hi>. I am assistant to Louisa Funnell Fisher, pawn-broker—on 13th November the prisoner pledged a watch for 8s. in the name of John Jacobs, 13, Princes Square—I issued a pawn-ticket, No. 1720—I had seen the prisoner before; I knew his face well—on the 14th the prisoner came again, about 8.30 a.m., and said he had lost his pawnticket, and it must have been stolen from him—he then said he had been made drunk, and the ticket had been stolen from him in the club—he asked for a form of declaration, which I gave him—about nine he brought it back, and asked for a new ticket—he paid the interest, and had a new ticket—this is the declaration; I saw him make a X on it, in the shop—he spoke in Yeddish—on the first occasion he brought a little girl with him—she said the same as he did, that he had had the ticket stolen from him—he spoke a little English; I could understand what he said without an interpreter—the watch was worth about 17s. or 18s.—this is the second ticket I gave him, No. 1877.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-81" type="witnessName">
<interp inst="t18941210-name-81" type="gender" value="male"/>
<interp inst="t18941210-name-81" type="surname" value="DEANE"/>
<interp inst="t18941210-name-81" type="given" value="CHARLES"/>CHARLES DEANE</persName> </hi>. I am assistant clerk at the Thames Police-court—the prisoner brought this declaration there—I asked him if his name was Jacob Baderman—he said, "Yes"—I asked if he had lost the ticket—he said, "Yes"—I then asked the witness his name, and if he identified this man as Jacob Baderman—he said, "Yes, I came with him to the Court" my questions to him were few and simple; he appeared to understand them; he only answered yes or no in English—after it had been duly declared it was brought out to me, signed by the Magistrate, and I handed it back to the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-82" type="witnessName">
<interp inst="t18941210-name-82" type="gender" value="male"/>
<interp inst="t18941210-name-82" type="surname" value="KING"/>
<interp inst="t18941210-name-82" type="given" value="FREDERICK"/>FREDERICK KING</persName> </hi>. I am warrant-sergeant at the Thames Police-court—I was on duty on November 14th—I saw the prisoner there—he made his declarations in the usual way.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-83" type="witnessName">
<interp inst="t18941210-name-83" type="gender" value="male"/>
<interp inst="t18941210-name-83" type="surname" value="SAGOVINCH"/>
<interp inst="t18941210-name-83" type="given" value="ISRAEL"/>ISRAEL SAGOVINCH</persName> </hi>. I am a glass-blower—on a Sunday in last month the prisoner came to me and said, "Countryman, I desire to buy a watch"—he showed me a watch, and asked me the value of it—I said,</p>
<xptr type="pageFacsimile" doc="189412100016"/>
<p>"Twenty-five shillings"—he said they wanted 27s., and he should like to buy it—next morning (Monday) he came again and said, "I have bought it for 26s. 6d."—on Tuesday, before dusk, he came again and said, "I have to sell the ticket"—I said, "What ticket?"—he said, "The ticket of the watch that I bought. I have pawned it at Fisher's, and you can redeem it"—I gave him 8s. for the ticket—on Wednesday I went with the mistress of the house to the pawnbroker's and showed him the ticket—he told me something, and I went to Leman Street Police-station.</p>
<hi rend="italic">Cross-examined by the prisoner.</hi> It was at 21, Greenfield Street, that you sold me the ticket—a man was present—he is not here; he is afraid to come, as you are a fighter.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-84" type="witnessName">
<interp inst="t18941210-name-84" type="gender" value="male"/>
<interp inst="t18941210-name-84" type="surname" value="BAUM"/>
<interp inst="t18941210-name-84" type="given" value="SAMUEL"/>SAMUEL BAUM</persName> </hi>. I am a machiner—the prisoner bought this watch of me for 18s. on Sunday night—on Wednesday morning he came to me and said he had lost it, it had been stolen—I told him to go to the pawn-brokers and give notice—he went away, and returned about eight with a little girl, and said he had found out where it was pawned, and asked me to go with him to Arbour Square—I did so, and witnessed his declaration.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-85" type="witnessName">
<interp inst="t18941210-name-85" type="gender" value="male"/>
<interp inst="t18941210-name-85" type="surname" value="COHEN"/>
<interp inst="t18941210-name-85" type="given" value="WOLF"/>WOLF COHEN</persName> </hi>. The prisoner was in my employment—I was security for him to a traveller, for some cloth for a dress to his wife, he had it made up—he left me in March, and did not come back to work—I demanded of him to pay the traveller—he said he had no means—I heard that he was going to America—he told me he had pawned the dress for 7s., and he gave me the ticket and I gave it to the traveller, and went with him to redeem it, and when the pawnbroker saw the ticket he said it had been already redeemed, and he cancelled the ticket—I asked the prisoner why he did this, and he replied, "Do what you like"—he told me the ticket was for the dress, but it was for a coat and trousers; I can't read.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-86" type="witnessName">
<interp inst="t18941210-name-86" type="gender" value="male"/>
<interp inst="t18941210-name-86" type="surname" value="FRASER"/>
<interp inst="t18941210-name-86" type="given" value="FREDERICK"/>FREDERICK FRASER</persName> </hi> (
<hi rend="italic">Recalled</hi>). I have a ticket of 30th April, 1894, it is No. 3949—I issued it to the prisoner—on 7th June he came and asked for a declaration form; he had one given him—I saw him make a X on it—on 8th June he signed it before the Magistrate, and I issued a new ticket—on 28th June Cohen brought me the original ticket, and I told him the things had been taken out.</p>
<hi rend="italic">The prisoner called</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-87" type="witnessName">
<interp inst="t18941210-name-87" type="gender" value="male"/>
<interp inst="t18941210-name-87" type="surname" value="GREEN"/>
<interp inst="t18941210-name-87" type="given" value="THOMAS"/>THOMAS GREEN</persName> </hi>. The prisoner was at my place for a few weeks—he told me about this—he said he had been playing cards with some company and lost his money; and then he pawned his watch and lost that money also, and then he lost the ticket, and he asked me to advise him what to do—I told him to go to the pawnbroker's and stop the ticket.</p>
<hi rend="italic">The prisoner, in his defence, alleged that he was playing cards with three females and others, and that he had been robbed of his watch and money, and being a foreigner did not know what to do.</hi> </p>
<hi rend="smallCaps">
<rs id="t18941210-84-verdict-1" type="verdictDescription">
<interp inst="t18941210-84-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-84-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18941210-84-punishment-17" type="punishmentDescription">
<interp inst="t18941210-84-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-84-punishment-17" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-84-18941210 t18941210-84-punishment-17"/>Twelve Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18941210-85">
<interp inst="t18941210-85" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-85" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-85-charge-1" targOrder="Y" targets="def1-85-18941210 t18941210-85-offence-1 t18941210-85-verdict-1"/>
<join result="criminalCharge" id="t18941210-85-charge-2" targOrder="Y" targets="def1-85-18941210 t18941210-85-offence-2 t18941210-85-verdict-1"/>
<persName id="def1-85-18941210" type="defendantName">
<interp inst="def1-85-18941210" type="gender" value="male"/>
<interp inst="def1-85-18941210" type="age" value="48"/>
<interp inst="def1-85-18941210" type="surname" value="BROCK"/>
<interp inst="def1-85-18941210" type="given" value="HERBERT CHARLES"/>
<hi rend="largeCaps">HERBERT CHARLES BROCK</hi> (48)</persName>
<hi rend="smallCaps">
<rs id="t18941210-85-verdict-1" type="verdictDescription">
<interp inst="t18941210-85-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-85-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t18941210-85-offence-1" type="offenceDescription">
<interp inst="t18941210-85-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-85-offence-1" type="offenceSubcategory" value="embezzlement"/>emezzbling £250 from the
<persName id="t18941210-name-89" type="victimName">
<interp inst="t18941210-name-89" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-85-offence-1 t18941210-name-89"/>National Guardian Assurance Company</persName>, his employers;</rs>
<rs id="t18941210-85-offence-2" type="offenceDescription">
<interp inst="t18941210-85-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18941210-85-offence-2" type="offenceSubcategory" value="embezzlement"/>
<hi rend="italic">also</hi> to other embezzlements and to omitting certain particulars from the books of the said company.</rs> </p>
<hi rend="italic">His deficiencies were stated to amount to</hi> £7,000.—
<hi rend="italic">
<rs id="t18941210-85-punishment-18" type="punishmentDescription">
<interp inst="t18941210-85-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-85-punishment-18" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-85-18941210 t18941210-85-punishment-18"/>Six Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18941210-86">
<interp inst="t18941210-86" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-86" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-86-charge-1" targOrder="Y" targets="def1-86-18941210 t18941210-86-offence-1 t18941210-86-verdict-1"/>
<join result="criminalCharge" id="t18941210-86-charge-2" targOrder="Y" targets="def1-86-18941210 t18941210-86-offence-2 t18941210-86-verdict-1"/>
<join result="criminalCharge" id="t18941210-86-charge-3" targOrder="Y" targets="def1-86-18941210 t18941210-86-offence-3 t18941210-86-verdict-1"/>
<xptr type="pageFacsimile" doc="189412100017"/>
<persName id="def1-86-18941210" type="defendantName">
<interp inst="def1-86-18941210" type="gender" value="male"/>
<interp inst="def1-86-18941210" type="age" value="36"/>
<interp inst="def1-86-18941210" type="surname" value="BARNETT"/>
<interp inst="def1-86-18941210" type="given" value="HARRY VILLIERS"/>
<hi rend="largeCaps">HARRY VILLIERS BARNETT</hi> (36)</persName>
<hi rend="smallCaps">
<rs id="t18941210-86-verdict-1" type="verdictDescription">
<interp inst="t18941210-86-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-86-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t18941210-86-offence-1" type="offenceDescription">
<interp inst="t18941210-86-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18941210-86-offence-1" type="offenceSubcategory" value="fraud"/>unlawfully obtaining £2 from
<persName id="t18941210-name-91" type="victimName">
<interp inst="t18941210-name-91" type="gender" value="female"/>
<interp inst="t18941210-name-91" type="surname" value="BOTTACRI"/>
<interp inst="t18941210-name-91" type="given" value="SOPHIA"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-86-offence-1 t18941210-name-91"/>Sophia Bottacri</persName> by false pretences;</rs>
<rs id="t18941210-86-offence-2" type="offenceDescription">
<interp inst="t18941210-86-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18941210-86-offence-2" type="offenceSubcategory" value="forgery"/>
<hi rend="italic">also</hi> to feloniously forging and uttering orders for the payment of £5 and £5 15s. 9d.;</rs>
<rs id="t18941210-86-offence-3" type="offenceDescription">
<interp inst="t18941210-86-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t18941210-86-offence-3" type="offenceSubcategory" value="simpleLarceny"/>also to stealing eight blank cheque forms of
<persName id="t18941210-name-92" type="victimName">
<interp inst="t18941210-name-92" type="gender" value="male"/>
<interp inst="t18941210-name-92" type="surname" value="COLLYER"/>
<interp inst="t18941210-name-92" type="given" value="JOHN MANSEY"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-86-offence-3 t18941210-name-92"/>John Mansey Collyer</persName>.</rs> </p>
<hi rend="italic">He received an excellent character as an artist and, journalist, but was stated, after a serious illness, to have taken to drink, which had led to his downfall.—
<rs id="t18941210-86-punishment-19" type="punishmentDescription">
<interp inst="t18941210-86-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-86-punishment-19" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-86-18941210 t18941210-86-punishment-19"/>Eight Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18941210-87">
<interp inst="t18941210-87" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-87" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-87-charge-1" targOrder="Y" targets="def1-87-18941210 t18941210-87-offence-1 t18941210-87-verdict-1"/>
<persName id="def1-87-18941210" type="defendantName">
<interp inst="def1-87-18941210" type="gender" value="male"/>
<interp inst="def1-87-18941210" type="surname" value="TYTHE"/>
<interp inst="def1-87-18941210" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL TYTHE</hi> </persName>,
<rs id="t18941210-87-offence-1" type="offenceDescription">
<interp inst="t18941210-87-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18941210-87-offence-1" type="offenceSubcategory" value="robbery"/>Robbery with violence, with other persons unknown, on
<persName id="t18941210-name-94" type="victimName">
<interp inst="t18941210-name-94" type="gender" value="male"/>
<interp inst="t18941210-name-94" type="surname" value="NEED"/>
<interp inst="t18941210-name-94" type="given" value="THOMAS DEXTER"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-87-offence-1 t18941210-name-94"/>Thomas Dexter Need</persName>, and stealing 13s. from him.</rs> </p>
<hi rend="smallCaps">MR. GRIFFITHS</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-95" type="witnessName">
<interp inst="t18941210-name-95" type="gender" value="male"/>
<interp inst="t18941210-name-95" type="surname" value="NEED"/>
<interp inst="t18941210-name-95" type="given" value="THOMAS DEXTER"/>THOMAS DEXTER NEED</persName> </hi>. I am a bookbinder living at 42, Oxford Road, Baling—on Sunday night, November 25th, about live or ten minutes to eleven, I was in Brunswick Place when the prisoner and four others came up and asked me to pay for drink—I said, No, I was in a hurry, I wanted to get home—they said if I did not pay for drink they would make me—they surrounded me; I felt a hand in my pocket; another one had his arm round my waist, and another had his arm round my neck—then I received a blow on the temple, and one on the forehead, and one on the nose—the second blow on the temple stunned me, and I fell down—when I was on the ground several men were kneeling over me searching and rifling my pockets and taking possession of all I had—I had 13s. or 14s. in my pocket—I was kicked on different parts of my body—I became insensible—I am certain the prisoner was in the company of the men when they asked me for drink—I was taken to the station and my wounds were dressed—when I came to myself I felt in my pockets and missed all my 13s. or 14s.—about four or five next morning I saw the prisoner at the station by himself and I recognised him as one of the men who assaulted me—I am in fairly good health now, but I am not in such good health as I was before this took place—I was the worse for drink on this night—besides my money I missed two keys and a silver scarfpin.</p>
<hi rend="italic">Cross-examined.</hi> When I saw the prisoner at the station he was stand ing with some of the policemen—I recognised him more by his features than his clothes; I did not take particular notice of his clothes—I noticed his clothes at the Police-court—I saw he was dressed then a deal like one of the men who attacked me—I never saw any of the four or five men before—I cannot say which man first spoke to me, or which first struck me—it all took place in a very short time—I was from twelve to twenty yards from a public-house when it happened—I had taken more drink than was good for me—I was kept at the station that night, and was charged with being drunk—the Magistrate did not fine me—it was not till five next morning that I recognised the prisoner.</p>
<hi rend="italic">Re-examined.</hi> Before the Magistrate I said that the prisoner was dressed like one of the men who attacked me.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-96" type="witnessName">
<interp inst="t18941210-name-96" type="gender" value="male"/>
<interp inst="t18941210-name-96" type="surname" value="BEVAN"/>
<interp inst="t18941210-name-96" type="given" value="BENJAMIN"/>BENJAMIN BEVAN</persName> </hi>. I am a boot-laster—I live at 15, Simon Street, Bethnal Green—on Sunday night, 25th November, I was in Brunswick Place, which leads from Pitfield Street to City Road, and I saw the prosecutor being molested by three or four lads, one of whom took some instrument or other from his inside pocket and struck the prosecutor about the head and face—the prosecutor fell—two men went on to the ground with him,</p>
<xptr type="pageFacsimile" doc="189412100018"/>
<p>and shortly after they ran away—the prisoner was one of them—I halloaed out—a policeman came up, and I said something to him—I did not lose sight of the prisoner—I afterwards saw him in custody—I went and fetched an ambulance, and the prosecutor was taken to the station—he was insensible, and bleeding very much—I am quite sure the prisoner was one of the men.</p>
<hi rend="italic">Cross-examined.</hi> The prosecutor was attacked a few yards from the public-house—two men ran towards Pitfield Street and two towards City Road—the prisoner was one of the two who went towards City Road—I saw two men kneeling over the prosecutor when he was on the ground—they both ran off in the same direction, towards the City Road—I was near the City Road end of Brunswick Place, and they passed me; one was the prisoner—the second two, who were kneeling down, got away—I saw the policeman coming down with the man in custody—I did not actually see him stop either of the men—they did not get as far as the end of Brunswick Place—to the best of my belief, the prisoner was under the influence of drink—I did not hear him say that he had just come up and went to look at the man on the ground—since his committal for trial he has been on bail—I do not know that he has been a stall-keeper for ten years in that neighbourhood—my mother lives in that neighbourhood, and I know it very well—I have seen the prisoner at a stall there, I cannot say whether he keeps it; I believe he is a very respectable man—I believe for three or four years I have seen him at the stall.</p>
<hi rend="italic">Re-examined.</hi> I did not see the prisoner before the prosecutor was knocked down—I first noticed him as he and another ran by me—the only thing I knew him by was his dress—as far as I know I believe he has been misled into it by a gang—I should think he got about thirty yards from me before the policeman caught him—it was 11 15 or 11.20 when it took place; no one came out of the public-house at that time so far as I know—the prisoner was one of the two men who ran towards the City Road.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-97" type="witnessName">
<interp inst="t18941210-name-97" type="gender" value="male"/>
<interp inst="t18941210-name-97" type="surname" value="LAMB"/>
<interp inst="t18941210-name-97" type="given" value="JESSE"/>JESSE LAMB</persName> </hi> (368
<hi rend="italic">G</hi>). I was on duty on Sunday night, 25th Novem
<lb/>ber, near Brunswick Place—I heard a noise, and ran in the direction of it, and saw a crowd of nine or ten, who ran away—I next saw two men get up from what appeared to be a man, and run towards the City Road—I went and saw the prisoner, who was leaning over the feet of the man, get up and run away towards the City Road—I caught him after chasing him for twelve or fifteen yards, and brought him back—I asked him what he was doing; he said, "I will come back with you, but I did not do any
<lb/>thing"—I saw the prosecutor there lying insensible on the pavement in a pool of blood—I sent Bevan for an ambulance, and took the prosecutor on it to the station—I sent for a doctor, who dressed the prosecutor's wounds—the prisoner was picked out by prosecutor the next day, and by Bevan the same night—the prosecutor was insensible from 11.20 or 11.30 till five a.m.—the men I saw stooping over the prosecutor were from ten to fifteen yards from me when I first saw them—two of them got away before the prisoner got up—the prisoner was standing at the man's feet, and there was the difference of the length of the prosecutor's body between the two men who escaped and the prisoner—I had to go twelve or fifteen yards before I caught the prisoner; he was running.</p>
<xptr type="pageFacsimile" doc="189412100019"/>
<hi rend="italic">Cross-examined.</hi> This is not a particularly dark place where this occurred; it is rather darker than a main street—the crowd of nine or ten were ten yards away from the prosecutor and the prisoner and the other two, I should think—they were standing still, and, as soon as they saw me, they ran away—I saw two men leaning over the prosecutor's head, and a third man near his feet—the prisoner ran towards the City Road and towards me—I took the prisoner back to the prosecutor, and saw Bevan standing very near there, and I went up to him with the prisoner—the prosecutor saw the prisoner next morning at five standing by himself in the station—I don't know if he was placed with others and picked out; I was relieved before that—on the remand the prisoner was liberated on bail—I should like to add that during the time I was detaining the prisoner and asking for the ambulance a young woman came up and said to the prisoner, "I knew you would get it if you came these games"—I gave my evidence on the first hearing, and it was read to me on the remand—I did not mention that observation of the young woman on either occa
<lb/>sion; I did not think of it till to-day.</p>
<hi rend="italic">Re-examined.</hi> The light in the street was sufficient for me to see the prisoner leaning over the prosecutor, and to see him run away and catch him—I did not lose sight of him before I caught him—the public-house lamps were out.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-98" type="witnessName">
<interp inst="t18941210-name-98" type="gender" value="male"/>
<interp inst="t18941210-name-98" type="surname" value="PAGE"/>
<interp inst="t18941210-name-98" type="given" value="WALTER"/>WALTER PAGE</persName> </hi>, M.R.C.S. I live at 2, Kingsland Road—on this Sun
<lb/>day night I was sent for to the Hoxton Station shortly after midnight to examine the prosecutor—I found him in a stunned condition, insensible—he was suffering from several injuries" about the head and face—he had several contused wounds on the bridge of his nose with fracture of the nasal bone; a wound on the forehead and another on the top of his head—he was suffering from shock, and also from drink—the injuries were inflicted with a loaded stick or blunt piece of iron—I think the injury to the nasal bone was too severe to have been caused by a kick—I think it must have been caused by some blunt instrument—he began to recover after half or three-quarters of an hour, but he still suffered from the effects of drink, and was not able to give an account of himself—I think a blow on the head would be quite sufficient to account for that if he had not been drinking.</p>
<hi rend="smallCaps">MEREDITH</hi> (
<hi rend="italic">Inspector G</hi>). I took the charge against the prisoner of being concerned, with others not in custody, in stealing about 14s. from Thomas Need, and also being concerned with assaulting him by striking him on the head with some blunt instrument—his reply was, "Me, Higgy, and Jack were there; I did not strike a blow, neither did I have any of his money."</p>
<hi rend="italic">Cross-examined.</hi> I did not put into writing what the prisoner said—he did not say, "Me, Higgy, and Jack were together"—my deposition was read to and signed by me—he may have said, "Me, Higgy, and Jack were there together"—he said "there"—he was there from twelve till about five before he was charged, and he made several remarks at different times, but I took no notice of those—when the assault was being dealt with I said, "Who was with you?"—he did not then say, "Me, Higgy, and Jack were together"—at five o'clock, when the charge was formally entered on the charge-sheet, he made the observation about himself,</p>
<xptr type="pageFacsimile" doc="189412100020"/>
<p>Higgy, and Jack—he had not said anything before that as to whom he was with, but I had asked him in whose company he was.</p>
<hi rend="italic">Re-examined.</hi> When charged he said, "Me, Higgy, and Jack were there together, but I did not strike any blow or have any of the money"—nothing was mentioned about the money till then, because the man had not regained his senses before that, and we had no charge of stealing money before us.</p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18941210-87-verdict-1" type="verdictDescription">
<interp inst="t18941210-87-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18941210-87-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 11
<hi rend="italic">th</hi>, 1894.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18941210-88">
<interp inst="t18941210-88" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-88" type="date" value="18941210"/>
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<join result="criminalCharge" id="t18941210-88-charge-2" targOrder="Y" targets="def1-88-18941210 t18941210-88-offence-2 t18941210-88-verdict-1"/>
<join result="criminalCharge" id="t18941210-88-charge-3" targOrder="Y" targets="def1-88-18941210 t18941210-88-offence-3 t18941210-88-verdict-1"/>
<join result="criminalCharge" id="t18941210-88-charge-4" targOrder="Y" targets="def1-88-18941210 t18941210-88-offence-4 t18941210-88-verdict-1"/>
<persName id="def1-88-18941210" type="defendantName">
<interp inst="def1-88-18941210" type="gender" value="male"/>
<interp inst="def1-88-18941210" type="age" value="34"/>
<interp inst="def1-88-18941210" type="surname" value="ADDLESTON"/>
<interp inst="def1-88-18941210" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN ADDLESTON</hi> (34)</persName>
<hi rend="smallCaps">
<rs id="t18941210-88-verdict-1" type="verdictDescription">
<interp inst="t18941210-88-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-88-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t18941210-88-offence-1" type="offenceDescription">
<interp inst="t18941210-88-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18941210-88-offence-1" type="offenceSubcategory" value="fraud"/>unlawfully obtain
<lb/>ing £5 13s. from
<persName id="t18941210-name-100" type="victimName">
<interp inst="t18941210-name-100" type="gender" value="male"/>
<interp inst="t18941210-name-100" type="surname" value="GLYDE"/>
<interp inst="t18941210-name-100" type="given" value="EDWARD JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-88-offence-1 t18941210-name-100"/>Edward John Glyde</persName> and £1 15s. from
<persName id="t18941210-name-101" type="victimName">
<interp inst="t18941210-name-101" type="gender" value="male"/>
<interp inst="t18941210-name-101" type="surname" value="EDELSTEIN"/>
<interp inst="t18941210-name-101" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-88-offence-1 t18941210-name-101"/>William Edelstein</persName> by false pretences;</rs>
<rs id="t18941210-88-offence-2" type="offenceDescription">
<interp inst="t18941210-88-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18941210-88-offence-2" type="offenceSubcategory" value="forgery"/>
<hi rend="italic">also</hi> to uttering an order for £4 7s. 6d.;</rs>
<rs id="t18941210-88-offence-3" type="offenceDescription">
<interp inst="t18941210-88-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t18941210-88-offence-3" type="offenceSubcategory" value="forgery"/>
<hi rend="italic">also</hi> an order for £5 7s.;</rs>
<rs id="t18941210-88-offence-4" type="offenceDescription">
<interp inst="t18941210-88-offence-4" type="offenceCategory" value="theft"/>
<interp inst="t18941210-88-offence-4" type="offenceSubcategory" value="receiving"/>
<hi rend="italic">also</hi> to feloniously receiving two blank cheque forms of
<persName id="t18941210-name-102" type="victimName">
<interp inst="t18941210-name-102" type="gender" value="male"/>
<interp inst="t18941210-name-102" type="surname" value="VILLIERS"/>
<interp inst="t18941210-name-102" type="given" value="AUGUST"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-88-offence-4 t18941210-name-102"/>August Villiers</persName>, knowing them to be stolen.</rs>
<rs id="t18941210-88-punishment-20" type="punishmentDescription">
<interp inst="t18941210-88-punishment-20" type="punishmentCategory" value="noPunish"/>
<interp inst="t18941210-88-punishment-20" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-88-18941210 t18941210-88-punishment-20"/>
<hi rend="italic">Judgment respited.</hi> </rs> And</p> </div1>
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<interp inst="t18941210-23" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-23" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-23-charge-1" targOrder="Y" targets="def1-23-18941210 t18941210-23-offence-1 t18941210-23-verdict-1"/>
<persName id="def1-23-18941210" type="defendantName">
<interp inst="def1-23-18941210" type="gender" value="male"/>
<interp inst="def1-23-18941210" type="age" value="22"/>
<interp inst="def1-23-18941210" type="surname" value="KIRBY"/>
<interp inst="def1-23-18941210" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES KIRBY</hi>* (22)</persName>
<rs id="t18941210-23-offence-1" type="offenceDescription">
<interp inst="t18941210-23-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-23-offence-1" type="offenceSubcategory" value="pocketpicking"/>, to stealing a chain from the person of
<persName id="t18941210-name-104" type="victimName">
<interp inst="t18941210-name-104" type="gender" value="male"/>
<interp inst="t18941210-name-104" type="surname" value="STRAHAN"/>
<interp inst="t18941210-name-104" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-23-offence-1 t18941210-name-104"/>Thomas Strahan</persName>.—</rs>
<hi rend="italic">
<rs id="t18941210-23-punishment-21" type="punishmentDescription">
<interp inst="t18941210-23-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-23-punishment-21" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-23-18941210 t18941210-23-punishment-21"/>Twelve Months Hard Labour.</rs> </hi>
<rs id="t18941210-23-verdict-1" type="verdictDescription">
<interp inst="t18941210-23-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-23-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<interp inst="t18941210-90" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-90" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-90-charge-1" targOrder="Y" targets="def1-90-18941210 t18941210-90-offence-1 t18941210-90-verdict-1"/>
<persName id="def1-90-18941210" type="defendantName">
<interp inst="def1-90-18941210" type="gender" value="male"/>
<interp inst="def1-90-18941210" type="age" value="46"/>
<interp inst="def1-90-18941210" type="surname" value="GOODIN"/>
<interp inst="def1-90-18941210" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE GOODIN</hi> (46)</persName>
<rs id="t18941210-90-offence-1" type="offenceDescription">
<interp inst="t18941210-90-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-90-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing fourteen overcoats, the pro
<lb/>perty of
<persName id="t18941210-name-106" type="victimName">
<interp inst="t18941210-name-106" type="gender" value="male"/>
<interp inst="t18941210-name-106" type="surname" value="GENESE"/>
<interp inst="t18941210-name-106" type="given" value="ISAAC"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-90-offence-1 t18941210-name-106"/>Isaac Genese</persName> and another.</rs> </p>
<hi rend="smallCaps">MR. BROMLEY</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. DRAKE</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-107" type="witnessName">
<interp inst="t18941210-name-107" type="gender" value="male"/>
<interp inst="t18941210-name-107" type="surname" value="FORDER"/>
<interp inst="t18941210-name-107" type="given" value="WILLIAM"/>WILLIAM FORDER</persName> </hi>. I am employed by Messrs. Genese and Judd—on November 30th I was sent out with a trolly and eight parcels for one carrier, and one for another—I took them all to Sutton and Co. in Golden Lane about 3.50—I took eight parcels in, leaving one on the trolly, which was for Curtis—when I came out the parcel was gone—this (
<hi rend="italic">produced</hi>) is one of the coats which was in it.</p>
<hi rend="italic">Cross-examined.</hi> Golden Lane, where my trolly was, is about two minutes' walk from Cripplegate Street.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-108" type="witnessName">
<interp inst="t18941210-name-108" type="gender" value="male"/>
<interp inst="t18941210-name-108" type="surname" value="AMNER"/>
<interp inst="t18941210-name-108" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN AMNER</persName> </hi>. I am warehouseman to Mr. Genese—on November 30th I gave fifteen greatcoats to Forder to take to Curtis's, all in one parcel—this one is a sample.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-109" type="witnessName">
<interp inst="t18941210-name-109" type="gender" value="male"/>
<interp inst="t18941210-name-109" type="surname" value="BETERIDGE"/>
<interp inst="t18941210-name-109" type="given" value="THOMAS"/>THOMAS BETERIDGE</persName> </hi> (
<hi rend="italic">City Detective</hi>). On November 30th, about twelve o'clock, I was in Golden Lane, and saw a man loitering there, and the prisoner loitering in Cripplegate Street—the prisoner was ap
<lb/>parently watching the other man who I lost sight of, but afterwards saw him carrying a large parcel—the prisoner joined him, and they went away together, the other man carrying the parcel—I followed them 100 yards into Fann Street, where the prisoner took the parcel, and they proceeded together as far as Goswell Road, where they separated, one taking one side of the road, and one the other—I followed the prisoner to Old Street, stopped him, and said, "What have you got in that parcel?"—he looked at me—I said, "I am a police officer"—he said, "Well, to tell the truth, old man, a man has just given me the parcel, and told me to take it to the first public-house on the right, and wait for him"—I said, "Where did he give it to you?"—he said, "Here, in Goswell Road"—I said, "Who is he?"—he said, "I don't know; he is a stranger to me, but I should know him again"—I took</p>
<xptr type="pageFacsimile" doc="189412100021"/>
<p>him to Moor Lane with assistance, and made inquiries, and found the parcel was stolen from Golden Lane—I charged him with stealing it—he said, "I ought not to be here"—the parcel contained fifteen boys' over
<lb/>coats—the Magistrate allowed the others to be given up—this was at four p.m., and the street was crowded—he gave his name "Goodin," but no address—I found on him this cloth cap, and a bag made of very light material, called a
<hi rend="italic">swag</hi> bag.</p>
<hi rend="italic">Cross-examined.</hi> Cripplegate Street turns out of Golden Lane at right angles, so that he could not see the trolly—the parcel was as much as he could carry; I carried it—he did not resist, but I could not carry the parcel and take him at the same time—he said that the man who came up to him asked him if he wished to earn a
<hi rend="italic">bob</hi>—there are porters about who earn money by taking odd jobs.</p>
<hi rend="italic">Re-examined.</hi> He passed several public-houses.</p>
<hi rend="smallCaps">
<rs id="t18941210-90-verdict-1" type="verdictDescription">
<interp inst="t18941210-90-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-90-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction at Clerkenwell on January</hi> 20
<hi rend="italic">th</hi>, 1890.—
<hi rend="italic">Four other convictions were proved against him.—
<rs id="t18941210-90-punishment-22" type="punishmentDescription">
<interp inst="t18941210-90-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-90-punishment-22" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-90-18941210 t18941210-90-punishment-22"/>Eighteen Month's Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18941210-91">
<interp inst="t18941210-91" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-91" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-91-charge-1" targOrder="Y" targets="def1-91-18941210 t18941210-91-offence-1 t18941210-91-verdict-1"/>
<persName id="def1-91-18941210" type="defendantName">
<interp inst="def1-91-18941210" type="gender" value="male"/>
<interp inst="def1-91-18941210" type="age" value="33"/>
<interp inst="def1-91-18941210" type="surname" value="BROWN"/>
<interp inst="def1-91-18941210" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT BROWN</hi> (33)</persName>
<rs id="t18941210-91-offence-1" type="offenceDescription">
<interp inst="t18941210-91-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-91-offence-1" type="offenceSubcategory" value="burglary"/>, Burglary in the dwelling-house of
<persName id="t18941210-name-111" type="victimName">
<interp inst="t18941210-name-111" type="gender" value="female"/>
<interp inst="t18941210-name-111" type="surname" value="ROBERTS"/>
<interp inst="t18941210-name-111" type="given" value="EMMA"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-91-offence-1 t18941210-name-111"/>Emma Roberts</persName>, with intent to steal.</rs> </p>
<hi rend="smallCaps">MR. ST. AUBYN</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-112" type="witnessName">
<interp inst="t18941210-name-112" type="gender" value="male"/>
<interp inst="t18941210-name-112" type="surname" value="ROBERTS"/>
<interp inst="t18941210-name-112" type="given" value="EDWIN"/>EDWIN ROBERTS</persName> </hi>. I am a builder, of 68, Denbigh Street—my mother lives at 64, Lupus Street, at the business premises—on December 7th all the doors and windows at 74, Lupus Street, were closed.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-113" type="witnessName">
<interp inst="t18941210-name-113" type="gender" value="female"/>
<interp inst="t18941210-name-113" type="surname" value="ROBERTS"/>
<interp inst="t18941210-name-113" type="given" value="EMMA"/>EMMA ROBERTS</persName> </hi>. I am the mother of the last witness, and am a widow—I live at the business premises in Lupus Street—on December 7th I went to see the house all right at 11.30, and heard footsteps coming up stairs—I ran to the street door and saw a policeman on the other side of the street—the prisoner then came up my area steps, and jumped over the area gate—he said, "You are looking for that man?"—I said "Yes"—he said, "I have been watching for him"—I said, "Why did not you ring the bell and tell me?"—he said, "Because I wanted to see what he was doing: I know him; I saw him drinking in the Gun public-house"—I sent for my son, and a second policeman came—we went into the basement, and found the glass broken and the bolt drawn back, and the workshop window pulled down, and the lock of one of the rooms forced.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-114" type="witnessName">
<interp inst="t18941210-name-114" type="gender" value="male"/>
<interp inst="t18941210-name-114" type="surname" value="RUSSELL"/>
<interp inst="t18941210-name-114" type="given" value="ALFRED"/>ALFRED RUSSELL</persName> </hi> (258
<hi rend="italic">B</hi>). On December 7th, at 11.50, I was on point duty—Mr. Roberts told me something, and I saw the prisoner come up the area and jump over the railings, as the gate was locked—he said, "I have been watching him a considerable time; I have just come from the Gun public-house, and saw him speaking to two women, one with a baby in her arms"—I found a knife, a latch-key, a pipe, and a halfpenny on him; the knife has a lancet in it.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-115" type="witnessName">
<interp inst="t18941210-name-115" type="gender" value="male"/>
<interp inst="t18941210-name-115" type="surname" value="PORTER"/>
<interp inst="t18941210-name-115" type="given" value="CHARLES"/>CHARLES PORTER</persName> </hi> (
<hi rend="italic">Police Inspector V</hi>). The prisoner was brought to the station at midnight—he said, "I was never over the railings, and you did not see me get over; I came up afterwards"—I examined the house; the entry was effected by climbing over the area railings, breaking a pane of glass, entering by a window, and forcing the bolt off a door.</p>
<hi rend="italic">Prisoner's defence.</hi> On the night of the 30th I saw this man there—several places had been broken into; I was trying to find out by whom on behalf of a detective—I went round the corner, and heard the glass</p>
<xptr type="pageFacsimile" doc="189412100022"/>
<p>break; I went back, and the woman came to the door and the man ran away—I waited there while they searched the house, and told the con
<lb/>stable and the lady what I had seen—I could have gone away easily if I wished.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-116" type="witnessName">
<interp inst="t18941210-name-116" type="gender" value="male"/>
<interp inst="t18941210-name-116" type="surname" value="PORTER"/>
<interp inst="t18941210-name-116" type="given" value="CHARLES"/>CHARLES PORTER</persName> </hi> (
<hi rend="italic">Re-examined</hi>). He had no opportunity of going away; I detained him.</p>
<hi rend="smallCaps">
<rs id="t18941210-91-verdict-1" type="verdictDescription">
<interp inst="t18941210-91-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-91-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of burglary on</hi> 2
<hi rend="italic">nd March</hi>, 1885,
<hi rend="italic">at this Court, and four other convictions were proved against him.—
<rs id="t18941210-91-punishment-23" type="punishmentDescription">
<interp inst="t18941210-91-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-91-punishment-23" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-91-18941210 t18941210-91-punishment-23"/>Three Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18941210-92">
<interp inst="t18941210-92" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-92" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-92-charge-1" targOrder="Y" targets="def1-92-18941210 t18941210-92-offence-1 t18941210-92-verdict-1"/>
<persName id="def1-92-18941210" type="defendantName">
<interp inst="def1-92-18941210" type="gender" value="male"/>
<interp inst="def1-92-18941210" type="surname" value="SMITH"/>
<interp inst="def1-92-18941210" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES SMITH</hi> </persName>,
<rs id="t18941210-92-offence-1" type="offenceDescription">
<interp inst="t18941210-92-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-92-offence-1" type="offenceSubcategory" value="burglary"/>Burglary in the dwelling-house of
<persName id="t18941210-name-118" type="victimName">
<interp inst="t18941210-name-118" type="gender" value="male"/>
<interp inst="t18941210-name-118" type="surname" value="DUMBLETON"/>
<interp inst="t18941210-name-118" type="given" value="GEORGE EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-92-offence-1 t18941210-name-118"/>George Edward Dumbleton</persName>, and stealing oranges, chestnuts, and other articles, his property.</rs> </p>
<hi rend="smallCaps">MR. KERSHAW</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-119" type="witnessName">
<interp inst="t18941210-name-119" type="gender" value="male"/>
<interp inst="t18941210-name-119" type="surname" value="DUMBLETON"/>
<interp inst="t18941210-name-119" type="given" value="GEORGE EDWARD"/>GEORGE EDWARD DUMBLETON</persName> </hi>. I am a greengrocer, of 228, Kilburn Lane, Chelsea—on November 22nd, about 10.3C, I locked the house up—I was called about 1.30 next morning, found somebody had broken in, and missed about 100 oranges—a pane of glass was cut away, and the putty on one side removed—the opening was large enough for a man to get in.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-120" type="witnessName">
<interp inst="t18941210-name-120" type="gender" value="male"/>
<interp inst="t18941210-name-120" type="surname" value="LANGFORD"/>
<interp inst="t18941210-name-120" type="given" value="CHARLES"/>CHARLES LANGFORD</persName> </hi> (14
<hi rend="italic">X R</hi>). I was in Kilburn Lane, and heard some glass fall—I went in that direction, and saw the prisoner come out of the shop window of No. 228, feet first—I went a little further to look for another constable and then went towards him, and he and a man not in custody ran away—I followed them and caught the prisoner—he said, "All right, governor"—I said, "It is not all right, you will have to come back"—he had two bundles of oranges in one hand and some grapes in the other—he put his leg between mine, and we both fell—I said it he was rough I should be rough, too—he took a bottle of wine out of his pocket, and said, "Have a drink?"—I said, "No more of that"—I took him to the station, and then went to the shop, and found the window had been cut—I found an American glass-cutter on him and fifteen oranges.</p>
<hi rend="italic">The prisoner produced a written defence, stating that he did not come out at the window, but that he picked up the knife and the fruit at the corner of the street.</hi> </p>
<hi rend="smallCaps">
<rs id="t18941210-92-verdict-1" type="verdictDescription">
<interp inst="t18941210-92-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-92-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18941210-92-punishment-24" type="punishmentDescription">
<interp inst="t18941210-92-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-92-punishment-24" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-92-18941210 t18941210-92-punishment-24"/>Four Months' Hard Labour.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 12
<hi rend="italic">th</hi>, 1894.</p>
<hi rend="italic">For cases tried this day, see Surrey Cases.</hi> </p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday, December</hi> 13
<hi rend="italic">th</hi>, 1894.</p>
<hi rend="italic">Before Mr. Justice Hawkins.</hi> </p>
<div1 type="trialAccount" id="t18941210-93">
<interp inst="t18941210-93" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-93" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-93-charge-1" targOrder="Y" targets="def1-93-18941210 t18941210-93-offence-1 t18941210-93-verdict-1"/>
<join result="criminalCharge" id="t18941210-93-charge-2" targOrder="Y" targets="def2-93-18941210 t18941210-93-offence-1 t18941210-93-verdict-1"/>
<join result="criminalCharge" id="t18941210-93-charge-3" targOrder="Y" targets="def3-93-18941210 t18941210-93-offence-1 t18941210-93-verdict-2"/>
<persName id="def1-93-18941210" type="defendantName">
<interp inst="def1-93-18941210" type="gender" value="male"/>
<interp inst="def1-93-18941210" type="age" value="18"/>
<interp inst="def1-93-18941210" type="surname" value="MEZZA"/>
<interp inst="def1-93-18941210" type="given" value="LORENZO"/>
<hi rend="largeCaps">LORENZO MEZZA</hi> (18)</persName>,
<persName id="def2-93-18941210" type="defendantName">
<interp inst="def2-93-18941210" type="gender" value="male"/>
<interp inst="def2-93-18941210" type="age" value="30"/>
<interp inst="def2-93-18941210" type="surname" value="FORTI"/>
<interp inst="def2-93-18941210" type="given" value="ALFONSO"/>
<hi rend="largeCaps">ALFONSO FORTI</hi> (30)</persName>, and
<persName id="def3-93-18941210" type="defendantName">
<interp inst="def3-93-18941210" type="gender" value="male"/>
<interp inst="def3-93-18941210" type="age" value="25"/>
<interp inst="def3-93-18941210" type="surname" value="EVANGESTA"/>
<interp inst="def3-93-18941210" type="given" value="SALVATORE"/>
<hi rend="largeCaps">SALVATORE EVANGESTA</hi> (25)</persName>, were indicted for
<rs id="t18941210-93-offence-1" type="offenceDescription">
<interp inst="t18941210-93-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18941210-93-offence-1" type="offenceSubcategory" value="wounding"/> feloniously wounding
<persName id="t18941210-name-124" type="victimName">
<interp inst="t18941210-name-124" type="gender" value="indeterminate"/>
<interp inst="t18941210-name-124" type="surname" value="DINVERNO"/>
<interp inst="t18941210-name-124" type="given" value="MICHAELI"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-93-offence-1 t18941210-name-124"/>Michaeli Dinverno</persName> with intent to murder.
<hi rend="italic">Second Count</hi>, with intent to do grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. BURNIE</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. LAWLESS</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="italic">The prisoners being Italians, the evidence was interpreted to them. A</hi> </p>
<xptr type="pageFacsimile" doc="189412100023"/>
<hi rend="italic">discussion occurred as to the mode in which the interpretation should take place.</hi>
<hi rend="smallCaps">MR. JUSTICE HAWKINS</hi>
<hi rend="italic">ruled that, although the prisoners were defended by Counsel, the Evidence should be interpreted to them in case they might find it necessary to correct any error, or make suggestions to their Counsel.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-125" type="witnessName">
<interp inst="t18941210-name-125" type="gender" value="indeterminate"/>
<interp inst="t18941210-name-125" type="surname" value="DINVERNO"/>
<interp inst="t18941210-name-125" type="given" value="MICHAELI"/>MICHAELI DINVERNO</persName> </hi>. I understand English a little—I live at 4, Bath Court, Clerkenwell—I am an Italian, and am an artist's model—about eight on the evening of 12th November I was in the Crown public-house in Back Hill, Holborn, in the bagatelle-room—several others were there, amongst them the three prisoners—we were playing a game called
<hi rend="italic">mora;</hi> it is played as "master and foreman," with the fingers—six of us were play
<lb/>ing; the prisoners and two others—I don't know their names—we were playing for beer—Forti was foreman, and Bianci was master—we had had the beer on my side—the mister and foreman did what they liked with it—Mezza was not anything; he wanted two glasses of beer—I told him it was none of his business, because when he was master and foreman he had done as he liked—he said, "Well, I want two glasses of beer," and he got up from the seat, and was going out at the back, and I saw him leaning up against the bagatelle board in the room—as I was passing he called me something; I don't know what it was—I turned round, and asked him what he meant—we had a few words, and then he had his hand in his pockets, and he took it out, and up with his hand, and hit me on the head—I don't know whether it was a knife or a razor that he took put—I did not see what it was, but it cut my right hand—I stepped back, and looked at my hand and when I looked up he was gone—I heard someone struggling behind me, and as I went to turn round I heard Salvatore say that the three had been waiting for me for five or six days, and as he said that he hit me on the neck with a razor—I did not see him then, but as I finished to turn round I saw him running out of the door with the razor in his hand—I did not exactly see him strike me, he was right at the back of me—I was struck from behind the ear on the left side—for the moment I was still, I did not move at all—I asked someone that was near to take me to the hospital—the blood was squirting out from my throat like a fountain—I walked three or four yards and then had a cab—I remained in the hospital till the 5th of December.</p>
<hi rend="italic">Cross-examined.</hi> Up to the time of this dispute over the game we had been all perfectly friendly—Mezza wanted the two glasses of beer—I used no bad language—I know Maestra Colla—he was there, and Bianci; he was playing the game, I think they could see everything that occurred—I did not see Bonetti—I did not try to get away—I did not push Salva
<lb/>tore or Forti—I was once charged with assault and convicted; that has nothing to do with this case—immediately after Mezza struck me Salvatore attacked me—I do not remember saying at the Police-court that Salvatore said, "We have waited for you five or six days"—I have thought of it lots of times, but I did not remember it at the time—Delucca is the man that took me to the hospital—I don't know whether he is a relation of mine; he has only recently come from Italy—I have been in London all my life—he is a very great friend—he does not live in the same house.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-126" type="witnessName">
<interp inst="t18941210-name-126" type="gender" value="male"/>
<interp inst="t18941210-name-126" type="surname" value="DELUCCA"/>
<interp inst="t18941210-name-126" type="given" value="DONATI"/>DONATI DELUCCA</persName> </hi>. I am a confectioner, and live at 189, High Holborn</p>
<xptr type="pageFacsimile" doc="189412100024"/>
<p>—on November 12th, about eight at night, I was at the Crown public-house on Back Hill, in the bagatelle-room—there were about ten or twelve there with the prosecutor and the three prisoners—they were playing mora I had one game with them; I was not in the game of "master and foreman," and not in the dispute—I saw Salvatore with a knife or razor in his hand—I thought they were chaffing—I heard Salvatore say, "Five or six days we have waited for this"—four or five minutes after that I saw the prosecutor with a cut in his throat, but I did not see the razor when he cut it—I saw Salvatore with his hand across the prosecutor's neck—before that I heard the prosecutor say to Mezza, "Let me alone"—Salvatore's wife then came and took him away—I saw the other two prisoners with something in their hands, I know they were blades, but I can't say whether they were knives or razors—I saw Mezza and the pro
<lb/>secutor speaking to each other, like a quarrel—when I saw the prosecutor struck I caught hold of Forti and held him fast, not to go to the prosecutor—Forti had a knife in his hand and was going towards the prosecutor, and I caught hold of him and said, "Don't do anything wrong"—while I was holding Forti, Salvatore re-entered the room—it was then I saw his hand across the prosecutor's throat, and I then relinquished Forti and ran to the prosecutor's assistance and caught hold of him, because I saw him almost fainting, falling to the back—I sent for a cab and took him to the hospital—I found his throat up with three handkerchiefs to stop the bleeding—the prisoners ran away, I did not see them again—after we came out of the hospital the inspector and the police with my assistance went in search of the prisoners—soon after eleven we found Mezza in bed at his lodgings—I spoke to him in Italian—he said to the police, "I will come with you, but I have done nothing"—as we were going to the station we met Forti, and I pointed him out to the police, who took him—I spoke to him in Italian—he spoke to me first, and said, "Who is this man that takes me?"—I said, "This is a policeman"—he said, "What is the good of his taking me when I have done nothing?"</p>
<hi rend="italic">Cross-examined.</hi> I am no relation of the prosecutor's—the prosecutor did not push, strike, or knock down Salvatore or Forti; he did nothing at all.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-127" type="witnessName">
<interp inst="t18941210-name-127" type="gender" value="male"/>
<interp inst="t18941210-name-127" type="surname" value="PETRUCIO"/>
<interp inst="t18941210-name-127" type="given" value="OLYMPIO"/>OLYMPIO PETRUCIO</persName> </hi>. I am manager of the Crown, and have been so for eighteen months—Verioni is the landlord, and has been so for that time about eight in the evening of 12th November I was having my supper in the back room, I heard a noise in the bagatelle-room—I went in and saw the prosecutor and the three prisoners—they were talking back, one to the other—I said, "I don't want any row in my house," and I said to Mezza, "Take your hands out of your pocket"—he took them out, and put them in again—I then saw them all go back to the door—I saw Salvatore with a razor in his hand—I was frightened, and drew back—I did not see anything in the hands of the others at that moment—I did not see what happened after that—I saw the prosecutor leaning against the bagatelle board—he did not fall down—when I put Forti out he had a knife in his hand; I made him drop it—I heard someone say, "Go for a policeman," and two minutes after the policeman came Forti came back—he said, "What is it? What do you want?" and he said, "I want him"—a man who was inside handed me this cap (
<hi rend="italic">produced</hi>); I</p>
<xptr type="pageFacsimile" doc="189412100025"/>
<p>think it belongs to Salvatore, but I can't say—my wife handed me this knife, which I saw her pick up from the floor; it was open—it is Forti's knife.</p>
<hi rend="italic">Cross-examined.</hi> I did not see any blood on it—when Mezza took his hands out of his pocket he had no knife in them—I saw one in his hand after—I think I told the magistrate that I saw knives in the hands of all three—the prosecutor had had a few words in the house sometimes before this; he never broke any tables and chairs—he had been quarrelsome one evening about a week or fortnight before.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-128" type="witnessName">
<interp inst="t18941210-name-128" type="gender" value="male"/>
<interp inst="t18941210-name-128" type="surname" value="VALUCTA"/>
<interp inst="t18941210-name-128" type="given" value="ANTONIO"/>ANTONIO VALUCTA</persName> </hi>. I speak English a little bit—I am a mosaic worker, and live at 11, Back Hill, Holborn—on the night of the 12th November I was in the Crown public-house, in the bagatelle-room; I was not playing
<hi rend="italic">mora</hi>—I saw the prosecutor catch hold of Salvatore and push him against the door of the bagatelle-room—Salvatore put his right hand in his pocket, took out a razor, and cut the prosecutor across the neck—I was frightened, and ran away to the back door—I saw Salvatore run out at the back door.</p>
<hi rend="italic">Cross-examined.</hi> I did not see the prosecutor's hand bleeding—it was after Salvatore was pushed that he used the razor—I saw Mezza in the room, but I did not see him do anything—he was close to them—there were a good lot of people there.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-129" type="witnessName">
<interp inst="t18941210-name-129" type="gender" value="male"/>
<interp inst="t18941210-name-129" type="surname" value="BIANCI"/>
<interp inst="t18941210-name-129" type="given" value="CHAGINKA"/>CHAGINKA BIANCI</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I am an ice-cream vendor, and live at 1, Somer's Court, Holborn—I was in the bagatelle-room at the Crown on this night about eight—I was one of the six playing at
<hi rend="italic">mora</hi> for beer; the prosecutor was "master" and I was "foreman"—Mezza asked for two glasses of beer—the prosecutor said, "No, I will give you one glass"—he said, "I want the two, when you are a master you want it all your own way"—Mezza than left our company and went against the bagatelle board and put himself in this position (
<hi rend="italic">leaning his head on his hand</hi>)—the prose
<lb/>cutor went towards him, and Mezza said, "Lorenzo, let me alone, I am not the man for you"—the prosecutor put his little finger to his neck, saying, "If you don't let me alone I will put these two fingers to your neck," and he touched his chin with his fingers—I saw Mezza put his hand in his pocket, but I did not see him take out a knife or anything—the prosecutor said, "Take out your hand from your pocket"—then I saw Salvatore and Forti had something in their hands, I could not tell what it was—Salvatore then had a knife in his hand, and I saw him draw his hand to the prosecutor's neck; there was then such a confusion that I really cannot explain myself; I lost my hat, I found it afterwards—I after
<lb/>wards found that the prosecutor was wounded—he said, "Look what they have done to me; keep me up or I fall"—I took hold of Forti and took him out of the bagatelle-room into the public-house bar and into the street—I saw that he had in his hand something like a knife, that was when he was in the street—he tried to get back, and I tried to stop him, and in the struggle I received a wound on my finger; it was a little scratch; perhaps it might have been with a nail.</p>
<hi rend="italic">Cross-examined.</hi> The prosecutor actually stuck his fingers in Mezza's throat, and touched his chin, and used bad language—I did not see him strike Salvatore.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-130" type="witnessName">
<interp inst="t18941210-name-130" type="gender" value="indeterminate"/>
<interp inst="t18941210-name-130" type="surname" value="COLLA"/>
<interp inst="t18941210-name-130" type="given" value="MAESTRA"/>MAESTRA COLLA</persName> </hi>. I am an ice-cream dealer, and live at 5, Fleet Row, Eyre Street Hill—I was in the bagatelle-room at the Crown on this night</p>
<xptr type="pageFacsimile" doc="189412100026"/>
<p>while the game of
<hi rend="italic">mora</hi> was going on—I went in just as the row began—I said to the prosecutor, "Don't speak bad; the beer is nothing"—he said, "Mind your business"—he said to Mezza, "You leave me alone; I am all right"—Mezza put his hands in his pocket—the prosecutor said, "What are you doing? Put your hands in your pocket! Are you going to take a knife out?"—Mezza said, "You are too much for me; I am a boy"—I did not see a knife with Mezza—Forti said to the prosecutor, "Come on, and finish the game"—the prosecutor said, "Who are you? I don't understand you," and pushed him back—Salvatore said, "Leave him alone"—the prosecutor said, "What do you want?"—he put his hands in his pocket—I did not see what he took out—he made a motion—after that the prosecutor showed me what had happened, and I fetched a policeman—about eight minutes afterwards I was in a shop close by, and Forti came in—he said, "Where is Salvatore?"—I said, "I don't know"—he said, "Where is Mezza?"—I said, "I don't know"—he said, "Who took a cab for him?"—I said, "I did"—he said, "You will have to pay for it"—he had a knife in his hand—it was a knife like that (
<hi rend="italic">Produced</hi>)—I don't know whether this is the one.</p>
<hi rend="italic">Cross-examined.</hi> I saw a bagatelle stick in Mezza's hand—at the time Salvatore struck the prosecutor Mezza was standing opposite me—the prosecutor was not holding him; the three were together—when the prosecutor was on the floor Mezza took the bagatelle stick; I did not see a knife in his hand at all—the prosecutor did not strike Salvatore before Salvatore stabbed him—he only said, "What do you want?" that was all—I did not say before the Magistrate that the prosecutor had struck Salvatore, knocking him down—he fell down—he pushed him, and said, "Step back," and he fell down.</p>
<hi rend="smallCaps">C. CARAZZI</hi>. I am an ice-cream seller, and live at 11, Fleet Row, Eyre Street Hill—between eight and nine on the evening of November 12th I saw Forti's brother—I followed him to different places, and ultimately to the corner of Piccadilly Circus, where I saw Salvatore—I called a con
<lb/>stable, and gave him into custody—I did not speak to him.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-131" type="witnessName">
<interp inst="t18941210-name-131" type="gender" value="male"/>
<interp inst="t18941210-name-131" type="surname" value="THOMAS"/>
<interp inst="t18941210-name-131" type="given" value="JOHN"/>JOHN THOMAS</persName> </hi> (
<hi rend="italic">Police Sergeant</hi>, 37
<hi rend="italic">G</hi>). From information, I went to Vine Street Station, where I found Salvatore detained in custody—I put him in a cub, and conveyed him to King's Road Station—he spoke in very broken English, and said, "On which side was his throat cut?"—I said, "On the left"—he held up his hand, and said, "Is he dead?"—I said, "No."</p>
<hi rend="italic">Cross-examined.</hi> I don't think he was excited; he seemed surprised—he was told the charge in Italian, but he said he could not understand a word.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-132" type="witnessName">
<interp inst="t18941210-name-132" type="gender" value="male"/>
<interp inst="t18941210-name-132" type="surname" value="LINO"/>
<interp inst="t18941210-name-132" type="given" value="HENRY"/>HENRY LINO</persName> </hi> (268
<hi rend="italic">G</hi>). I arrested Forti in Farringdon Road about half-past eleven on the night of the 12th—I told him I should take him into custody for being concerned with two other men in cutting an Italian's, throat with a razor at the Crown public-house, Back Hill, at eight that night—he replied, "It was not a razor, it was a knife"—I found this small pocket-knife on him.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-133" type="witnessName">
<interp inst="t18941210-name-133" type="gender" value="male"/>
<interp inst="t18941210-name-133" type="surname" value="WEST"/>
<interp inst="t18941210-name-133" type="given" value="EDWARD"/>EDWARD WEST</persName> </hi> (
<hi rend="italic">Inspector, G</hi>). I received information about this shortly after eight on the Monday evening—I afterwards received this cap from the manager of the public-house—I showed it to Forti, and he said, "That is mine"—I saw Mezza while he was detained there—I took a</p>
<xptr type="pageFacsimile" doc="189412100027"/>
<p>note of what he said; he spoke in broken English—he said, "I was in the room; we were playing
<hi rend="italic">mora;</hi> Michaeli was master in the game. Some said they would give two glasses of beer. I said I would give my glass to Salvatore and two to Mezza. Michaeli gave the beer to other people. I said, 'Why give beer to other people?' and asked him to give me two glasses. I then said 'I will play no more
<hi rend="italic">mora.</hi>' The prosecutor said, 'Go to your own place; I am no good to you.' He smacked me in the face, put two fingers to my neck, and pushed me and then pushed Salvatore Before he had his neck cut I left the house."</p>
<hi rend="smallCaps">
<persName id="t18941210-name-134" type="witnessName">
<interp inst="t18941210-name-134" type="gender" value="male"/>
<interp inst="t18941210-name-134" type="surname" value="PERRAM"/>
<interp inst="t18941210-name-134" type="given" value="EDWARD ARTHUR"/>EDWARD ARTHUR PERRAM</persName> </hi>. I am resident medical officer at the Royal Free Hospital—on Monday night, 12th November, about eight or nine, the prosecutor was brought there suffering from a wound on his neck, ex
<lb/>tending from just below the left ear—it was about seven inches long when the wound was fresh; it is not so long now, from contraction—it was downward and forward, and had cut through several structures—the in
<lb/>ternal jugular and several vessels were divided; the cartilage of the throat and the windpipe was opened—it was a dangerous wound, highly dangerous to life—there was a superficial wound on the right hand, not cutting any of the tendons, not dangerous—the wound in the throat was consistent with having been caused by a razor, and that on the hand by a knife or any sharp instrument—he remained in the hospital till 5th December—the danger was after the hemorrhage had stopped, from con
<lb/>current, hemorrhage—his life was in danger for some time—we had to open the vein, and inject salt water.</p>
<hi rend="italic">In the course of the case the deposition of one of the Italian witnesses being referred to</hi>,
<hi rend="smallCaps">MR. JUSTICE HAWKINS</hi>
<hi rend="italic">expressed a very strong opinion that such depositions ought to be taken in the language spoken by the witness, and that it should be translated on oath into language understood by the accused; a deposition written down in language not understood by the witness was not a deposition upon which perjury could be assigned, nor would it be available in the case of death or absence from illness.</hi> </p>
<hi rend="largeCaps">MEZZA</hi> and
<hi rend="largeCaps">FORTI</hi>
<hi rend="smallCaps">
<rs id="t18941210-93-verdict-1" type="verdictDescription">
<interp inst="t18941210-93-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18941210-93-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.
<hi rend="largeCaps">SALVATORE EVANGESTA</hi>
<rs id="t18941210-93-verdict-2" type="verdictDescription">
<interp inst="t18941210-93-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-93-verdict-2" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on Second Count.</hi> </rs>
<hi rend="italic">
<rs id="t18941210-93-punishment-25" type="punishmentDescription">
<interp inst="t18941210-93-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-93-punishment-25" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-93-18941210 t18941210-93-punishment-25"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday and Thursday, December</hi> 12
<hi rend="italic">th and</hi> 13
<hi rend="italic">th</hi>, 1894.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18941210-94">
<interp inst="t18941210-94" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-94" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-94-charge-1" targOrder="Y" targets="def1-94-18941210 t18941210-94-offence-1 t18941210-94-verdict-1"/>
<persName id="def1-94-18941210" type="defendantName">
<interp inst="def1-94-18941210" type="gender" value="male"/>
<interp inst="def1-94-18941210" type="age" value="60"/>
<interp inst="def1-94-18941210" type="surname" value="KERSHAW"/>
<interp inst="def1-94-18941210" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN KERSHAW</hi> (60)</persName>
<rs id="t18941210-94-offence-1" type="offenceDescription">
<interp inst="t18941210-94-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18941210-94-offence-1" type="offenceSubcategory" value="forgery"/>, Unlawfully obtaining from
<persName id="t18941210-name-136" type="victimName">
<interp inst="t18941210-name-136" type="gender" value="male"/>
<interp inst="t18941210-name-136" type="surname" value="DURANT"/>
<interp inst="t18941210-name-136" type="given" value="CHARLES JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-94-offence-1 t18941210-name-136"/>Charles James Durant</persName> and others £228 4s. 10d. and other sums by false pretences, with intent to defraud.
<hi rend="italic">Other Counts</hi>, for falsification of accounts.</rs> </p>
<hi rend="smallCaps">MESSES. C. F. GILL, A. E. GILL</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">VESEY FITZGERALD</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">SIR EDWARD CLARKE</hi>, Q.C.,
<hi rend="italic">and</hi>
<hi rend="smallCaps">DR. RENTOUL</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-137" type="witnessName">
<interp inst="t18941210-name-137" type="gender" value="male"/>
<interp inst="t18941210-name-137" type="surname" value="DURANT"/>
<interp inst="t18941210-name-137" type="given" value="CHARLES JAMES"/>CHARLES JAMES DURANT</persName> </hi>. I am senior partner of the firm of Durant and Co., silk brokers, at Dash wood House, New Broad Street—I have known the prisoner for a great many years—I knew him when he carried on business with Kilburn as Kilburn, Kershaw, and Co.—after that he carried on business as John Kershaw and Co., piece brokers, in Bishops
<lb/>gate Street—in April, 1893, he came to see me at Dash wood House, and told me that he had got to the end of his tether, that the worry and</p>
<xptr type="pageFacsimile" doc="189412100028"/>
<p>anxiety were more than he could bear any longer, and said he should be glad if I would take him and his business—I had some conversation with him about it—I asked him what the profits would be, and he said about £1,200 per annum—I asked him if that was nett—he said, "Yes"—I said then I would talk the matter over with my son Francis, and give him an answer in two or three days—my son Francis is engaged in the business at Dashwood House—he was not taking so active a part at that time, but since my illness he has been practically the sole person conducting the business—I talked over the matter with him, and a few days afterwards I saw the prisoner and asked him what was about the turnover of his business; and he told me, and I took down the figures he gave me for three years on this scrap of paper—I handed that to Mr. Perry for verification—nothing was said as to the assets or liabilities of Kershaw and Co.—having considered the matter with my son we agreed to take over the business, and my son instructed my solicitors, Messrs. Thorowgood, Tabor and Hardcastle, with regard to embodying in an agree
<lb/>ment the terms upon which we intended to take the business over—I then sent out this circular to our customers. (
<hi rend="italic">This stated that in addition to their present business they should future carry on the business of piece brokers, and that they had secured the services of Mr. John Kershaw as manager</hi>)—when this agreement was being prepared there was no question of the liabilities or assets of the prisoner's business—he asked me if I would lend Trim £500, and I sent for my cheque book, and wrote out the cheque, and gave it to him—I signed the agreement. (
<hi rend="italic">The effect of this agreement was that the prisoner was to be manager for the prosecutors of the New Street business giving them his whole lime, and obeying all their reasonable commands; to render accounts and pay over all moneys and securities to them or their bankers; to receive an remuneration</hi> 50
<hi rend="italic">per cent, of the net profits; to render a balance-sheet on the</hi> 31
<hi rend="italic">st December in each year; that he was not to enter into contracts or pledge their credit without their consent; and that if at the end of three years they desired to dismiss him he could carry on the business in his own name</hi>)—after his business was taken over our name was put up at New Street, a set of books was supplied, and all necessary steps taken for starting this business—I did not attend to it in any way; I was in the counting-house from the day it started—my son went there constantly—after the business was started in May my attention was drawn to the fact that he had barrowed £850 during that month—I spoke to Perry, my confidential clerk, and in the result I wrote to the prisoner—I got from him this letter, dated 8th July. (
<hi rend="italic">Stating that he was giving his serious attention to the</hi> £850
<hi rend="italic">standing against him; that he was getting rid of his old accounts as far as possible, and that now he had only the bank to settle with, and that he had reduced their account by</hi> £2,000
<hi rend="italic">since</hi> 1
<hi rend="italic">st May; that had he been able to yet in two accounts owing to him</hi>, £458
<hi rend="italic">and</hi> £500,
<hi rend="italic">both of which he should get, tike above amount would not have been outstanding; that he asked his forbearance, and thanked him for his great kindness</hi>)—in November I was ill and away from business, and from that time my son took a very active part in the management of the Dashwood House business, and that occupied his time—at the time I employed the prisoner I had implicit confidence in him.</p>
<xptr type="pageFacsimile" doc="189412100029"/>
<hi rend="italic">Cross-examined.</hi> I had known him about twenty-five years—I cannot say that everything I had heard of him combined to give me confidence in him—I don't think he had always during those twenty-five years borne quite the character of a honourable man—at the time of his brother's failure in 1874 or 1875, it was supposed that he knew what had been going on in that firm, though he was not a partner in it, but was employed by it—his brother, who was a partner, disappeared—from that time, in 1874, the prisoner had carried on business on his own account in London, first in partnership with Kilburn, and subsequently on his own account, in the same business in which his brother's old firm had been engaged—nothing more occurred, to ray knowledge, to impair my confi
<lb/>dence in his honesty—we now carry on at Dashwood House the piece broker's business which belonged to John Kershaw and Co.—my son, Mr. Francis, and my partner, Mr. Cumming, manage it—there is no one in our employment in the same position as that which the prisoner held—we have had the whole business since September last, but I have not observed the benefit of it; we have made no profit—I cannot tell you if we have made any profit; I do not attend to the business at all—whatever the business may be worth we have the advantage of it—when the prisoner gave me figures I put them down, and I sent my clerk to examine them, and he said they were substantially correct; there was no material difference—as a business man all I asked was the annual turnover and the profits—it did not matter to me what the business owed—I was going to acquire the business, but not the debts, if there were any—I thought that a busi
<lb/>ness that brought in £1,200 a year net profit, of which I should get half, would be a valuable property—I did not expect to pay anything for the business; we were to find all the capital required; it was to become our business from that time—I did not know at that time that the prisoner had creditors who were pressing him—he did not tell me there were business debts coming to be paid for which he wanted the £500—I did not think about whether he was not able to meet the liabilities of his business—I thought he had probably lost all his capital, and could not carry on business without it—I did not understand him to mean, when he told me he was at the end of the tether and could not go on longer, that he was not able to meet his business liabilities; I never gave it a thought as to whether he had business creditors or not, or, if he had, how those business creditors were to be paid off; it did not concern me—the result, according to my view, was that the business creditors would never have been paid, because I was not called on to find the capital for that, while I should have half the business perfectly clear—from May, 1893, till my illness in December Mr. Francis Durant used to go from Dashwood House to New Street—I did not pay much attention to where he went; I did not know when he was not in the counting house where he was; but he went to New Street every day to see how the business was going on—he was not acquainted with the business himself in the least—he went to learn it—he manages our business now; he is not a partner—I was ill in December—I have practically never come back to the active work of our business—I came hack to the office two or three days before Easter—the question of taking accounts of this New Street business never came before me at all until September this year—that matter I left to my partner</p>
<xptr type="pageFacsimile" doc="189412100030"/>
<p>and son—I left with them the agreement; they knew its terms—when I came back to business I did not ask why no balance-sheet had been prepared in December, 1893; I don't see how we could prepare it, as the books were in his custody—I don't say there would be any diffi
<lb/>culty in carrying out the clause of the agreement as to making out a balance-sheet, by obtaining the books from the prisoner—the books were not under my control, but they were at my office, the rent of which we were paying, and the manager of which was our servant, and the books were kept in our name—we have four or five, or perhaps more, clerks and accountants in our business—I did not think there was any necessity for sending an accountant over to inspect the books—I was not there; but if I had been it would not have occurred to me to make out the balance-sheet; I should not have remembered there was such a stipulation in the agreement, I attached so little importance to it—I had nothing to do with fixing the terms of the agreement, beyond telling my son that I had agreed to half nett profits; I left it to my son—when the prisoner applied at our office for cheques, those applications were substantially never brought under my notice—I left it to Perry and my son—I cannot say whether my son would be at Dashwood House when those claims for cheques came in—Perry and my son would be responsible in this matter—I was not cognizant of the account kept in our Dashwood House books as against the piece goods department, I never troubled to look at it—I had nothing personally to do with the communications made to the prisoner between June and October, 1894—I authorised this prosecution, I cannot give the date.</p>
<hi rend="italic">Re-examined.</hi> I did not know what the prisoner wanted the £500 for, but I had my own idea that he might have household bills—nothing was said to me to suggest that he had business liabilities.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-138" type="witnessName">
<interp inst="t18941210-name-138" type="gender" value="male"/>
<interp inst="t18941210-name-138" type="surname" value="DURANT"/>
<interp inst="t18941210-name-138" type="given" value="FRANCIS"/>FRANCIS DURANT</persName> </hi>. I am manager of Durant and Company's business—I was a party to this agreement of 29th April, 1893—I instructed Mr. Tabor to prepare it—with regard to the New Street business about fifteen or sixteen sales were held every year—the entire manage
<lb/>ment of the New Street branch was left to the prisoner—I had no know
<lb/>ledge of this class of business before—I used to go there almost daily from the time it started, more with the idea of picking up how the business was done—I had nothing to do with the books; I never examined them—we act as brokers for piece goods between buyer and seller; we sell from one party to another—payment is usually made by the buyer within three months, sometimes before—goods can be taken away at any time, and when they are taken they must be paid for, but none need be taken away before three months—a deposit must be paid at the time, and then, if you want to take some away, you must pay for them when the sale is by public auction, all the goods are on show—when the purchase-money is paid, warrants are given—the prisoner did not sign cheques on behalf of the firm—after November, 1893, I ceased to attend at New Street, and devoted my attention to Dashwood House—when a year's trading had expired, by May, 1894, I gave instructions to Mr. Brewer, our cashier, with a view to preparing a balance-sheet of the branch—I did not receive that balance-sheet till about the beginning of June I think—I then received from Mr. Brewer what purported to be a balance-sheet of the year's trading, and also a profit-and-loss account for</p>
<xptr type="pageFacsimile" doc="189412100031"/>
<p>the same period—these are the documents—they are in the prisoner's writing—I observed by the balance-sheet a debit balance of £6,500 against the branch—in the following August would be the prompt day—I should expect large amounts to be paid off then by buyers—advances would have been made to sellers, and they would be paid off by the buyers in August—I did not draw attention to it at the time, but waited till after the prompt in August, and then I gave Brewer instructions with regard to the indebtedness, and subsequently received from him a list in the prisoner's writing of the securities held by the branch, of the value of £2,897, and at that time the indebtedness of the branch to the business was about £4,000, I think, so that after the prompt day there was a de
<lb/>ficiency of £14,31—I gave further instructions to Brewer, and subse
<lb/>quently got another document in the prisoner's writing, purporting to be a list of debts due to the firm and of the securities held in respect of them, showing what debts were secured, and to what extent, and which were unsecured—in consequence of what Brewer told me I instructed Mr. Leake, an accountant, to examine the books at New Street—at the time I did that I told the prisoner that we could not understand his account, and he would make up his books to 31st August, and I should send an accountant to go through the accounts, and make out a balance-sheet for me—by the 26th September I had received from Mr. Leake this provisonal balance-sheet—on 26th September I sent for the prisoner and had an interview with him at Dash wood House—this document was before us—there is in it a suspense account, showing a total of £856—I took the prisoner into the cashier's room, when he arrived, and I said to him at once, "I am going to accuse you of having issued a false balance-sheet; I wish you to explain this suspense account"—he said he was unable to do so, and that if I would give him three weeks he would repay the money—the suspense account was the only item I referred to on that occasion—I said I should immediately have the name of the firm taken off the branch office at New Street, and that I should report the matter to Messrs. Durant and Co., and see what proceedings they would take, and then I told him he could go—I looked into the debtor's account of Mr. Leake's balance-sheet, and in consequence of what I saw there, I sent for the prisoner on 27th September—Mr. Tabor was present—I had this balance-sheet in front of me, and I put my finger on these debtors' accounts, and asked the prisoner as to these debts of Brunschweiler and Graham, whether those people really owed us the money—the prisoner said he could not tell me without his books—I said "It is nonsense; I insist on having an answer"—he then said they did not owe us the money—then I went to Bassoon's account, among others, and Salenger's, and I asked the prisoner if those people owed us money, and he said they did, and that we should be paid—the interview went on for some time, and then the prisoner came up to me and said, "You seem to think that I do not feel this position"—I said "I don't think about it at all; I only think you are a very wicked man; you can go"—Mr. Tabor, in the course of the interview, said to him, "Do you know you are making very serious admissions?" and I fancy the prisoner said, "Yes"; I understood, at all events, that he did—he also suggested again that if I would give him three weeks he would replace all the moneys, as on the former occasion—on 29th September, I think</p>
<xptr type="pageFacsimile" doc="189412100032"/>
<p>Saturday morning, I had the books removed early in the morning from the New Street office to our office, and our name was taken off the door, and since then it has not been up at that branch—since that time the business has been carried on at Dashwood House—I instructed Mr. Tabor to inquire into the matter; I believe the prisoner saw him the following day after our interview—subsequently I transferred the matter to Messrs. Wontner's hands—on September 29th we issued a circular to the trade declaring that the prisoner was no longer in our employment.</p>
<hi rend="italic">Cross-examined.</hi> I was at the New Street place for several hours each day from May to November—there were there a clerks' room and a principals' room, where the prisoner and I sat together—the books were in that room so far as I know; I am not sure—I never saw them—I never noticed the prisoner making entries in them, or referring to them from May to November—I saw the persons who came in on business; very few came, but I heard what took place between the prisoner and those who did come—I never asked for any information—I went there to see how the business was conducted, and what sort of business it was—I talked to people and went to see some of the customers, and I have been to the docks to see different goods being sold, and see what they were like; that was the sort of inspection of the business which I was able to make—I knew there were payments to be made by the prisoner, and I knew he was making some payments on his own account; I presume they were payments on account of Kershaw and Co.; I knew his old accounts were going on, and that he had to make payments—I do not remember that he ever mentioned to me what sums of money would be required for particular dates—I do not remember his ever mentioning a sum of £3,000 for payments on a particular date; or his afterwards telling me that with the moneys that' were coming in £500 would be enough—I saw Mr. Brunschweiler several times while I was there—I do not remember his coming with regard to the payment of £610; I did not hear the conversation about it—I did not know there was a sum due from him to Kershaw and Co., and also a sum due to Durant and Co.—I know it was the prisoner's duty to take in to our cashier in the morn
<lb/>ing a piece of paper for what cheques he required, and those cheques would be taken over to him in the afternoon—I don't think he conversed with me about those matters, and about the cheques he wanted—we used to talk together—I was not there till after eleven in the morning, and I was not long there—I always went to the other business place before going to New Street—I don't quite know what time the slips were brought in by the prisoner—they were brought in when he knew what cheques he wanted—he could not draw a cheque himself nor endorse one, so that all the cheques he wanted he had to go to Dashwood House for, specifying the amounts and the names, and the cheques he received were paid over to us—I did not know of his making up in the afternoon a list of the cheques he had received and paid—I may have been either at New Street or Dashwood House in the afternoon; I had the correspondence to do at Dashwood House—there are fifteen or sixteen sales a year—brokers make advances to sellers if they ask for it as a favour; it is not obligatory—it is the business custom of the broker to make advances to sellers—it is done if it is asked for; it is not usually asked for—it is usually part of a broker's business</p>
<xptr type="pageFacsimile" doc="189412100033"/>
<p>to advance money, and those advances would be repaid out of money coming from the buyers when the goods are delivered—I never heard of a broker advancing for the buyer the deposit upon goods—I believe it was early in June that the balance-sheet was given to me—I noticed that it was all in the prisoner's writing—it came through the office to me—I first asked him for an explanation of it after the prompt, after 30th August, nearly three months after it came to me—when I spoke to him about it I had before me the balance-sheet and the debts and securities accounts, so far as I know—I asked for most of the expla
<lb/>nation through Brewer; it was not done directly—I first asked the prisoner about these accounts at the beginning of September, and asked him to make his books up to 31st August, and said I should instruct Mr. Leake to go through the books—Mr. Leake went through them, and got out a provisional balance-sheet to the end of August—the prisoner's balance-sheet went to the end of April; that was the only one we had I from him—I had his balance-sheet with me when I spoke to him—I think the prisoner had his own papers in his hands on the second occasion, the 27th—immediately after the 27th we transferred the business to Dash
<lb/>wood House—he suggested that in three weeks he might be able to repay the money—the summons was taken out on 19th October—I know that on 18th October he was adjudicated bankrupt.</p>
<hi rend="italic">Re-examined.</hi> When I went to New Street I never looked into the books—he never suggested to me that he was paying his accounts with Durant and Co.'s moneys—I had not the slightest idea of it—he made no suggestion that a balance-sheet should be got at the end of December, 1893—the prosecution was hot in any way affected by the question of his paying the money in three weeks—we were not influenced in the slightest degree by his bankruptcy—we did not bring it about in any way—I did not hear of his going into bankruptcy or filing a petition till we got the bankruptcy papers—I think we laid an information on 16th—Messrs. Wontner had been consulted some days before that.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-139" type="witnessName">
<interp inst="t18941210-name-139" type="gender" value="male"/>
<interp inst="t18941210-name-139" type="surname" value="BREWER"/>
<interp inst="t18941210-name-139" type="given" value="EDWARD"/>EDWARD BREWER</persName> </hi>. I am second cashier in the Messrs. Durant and Company's employment at Dashwood House—I have been in their em
<lb/>ployment thirty-eight years—part of my duties was in connection with the New Street business—after Durant and Co. had taken over the busi
<lb/>ness I saw the prisoner most days—either he or one of two clerks came in the morning with a slip of paper showing the money he wanted for the New Street business—the slips contained the names of the persons to whom the money was payable, and the amount for which cheques were to be drawn—I prepared cheques for those amounts, and obtained the signa
<lb/>ture of a member of the firm to them—later in the day the prisoner would come to Dashwood House and produce a slip, which would contain the moneys that were going out from Dashwood House in connection with the New Street business, and also the sums which had been received during the day—I got from him monthly statements of the outgoings and moneys coming in—when the business had been in existence for a year, up to 1st May, 1894, I spoke to Mr. Durant about the question of a balance-sheet, and asked whether I should ask the prisoner for a balance-sheet, and during May I made various applications to the prisoner for a balance-sheet; he said sometimes, "I have not finished posting up my books," or "I am engaged on them and I have not balanced them"—at the end of May I think he</p>
<xptr type="pageFacsimile" doc="189412100034"/>
<p>produced to me this balance-sheet with a profit and loss account—looking at that I noticed that the nett profits appeared to be £750 6s. 1d.—his share of that would be £375—I said that he did not show where the other £375 was—he took the documents away and came back afterwards and suggested that the explanation was that the profits and loss which was put down at £1,361 should have been put down as £1,562—he then handed me what he called a stock account—handed those documents to Mr. Francis Durant, and he having looked at them waited till after the August prompt day; and then from instructions received from Mr. Francis Durant I asked the prisoner for a list of securities—he gave me this list showing securities at £2,897 against a very much large indebtedness of over £4,000—I asked him for an explanation of the difference between the value of the securities and the amount of our advances—in the result he gave me this document showing the debts on one side and the securities held by the firm on the other—it shows a deficiency of about £1,450—at that time the only documents that came into our possession were those with which he supplied us; we had not got the books, they were in the prisoners possession—I showed this list of debits and securities to Mr. Francis Durant, and I was present on September 10th when the prisoner was asked some questions with regard to the Sassoon's, Cole and Walker's, and Munsie's accounts, why those three firms should owe us money—he said they were deposits—I asked whether those deposits had been received from the buyers—he said, "Yes"—I said, "They have been received from the buyers and handed over to the sellers, they are no longer an asset"—he went away—I had no means of making a close examination of the document as I had no books—Mr. Francis continued the inquiry into the matter; he brought Mr. Leake into it, and in the result the books were brought from New Street on September 29th—after Durant and Co. took over the prisoner's business the first sale was held on 25th May—I find that Brunschweiler is debited in his account in the ledger with £303 for goods—on the other side, where cash payments are shown, there is no payment of £303 shown—I find the balance of £303 at the end of 1893 is carried on to the 1st January, 1894, and down to 1st May, when there is still that indebtedness of £303—the ledger is entirely made up of entries in the prisoner's writing—among the assets in his balance-sheet is a sum of £208 from Graham and Co.—on 2nd June a sum of £228 4s. 10d. is entered in the ledger as paid by Graham and Co—the entries on that side refer to payments made with' respect of goods, and the goods are shown on the other side—£228 15s. 2d. is shown as the balance at the end of that year, and the beginning of 1894 and down to 30th April as an asset—I drew a cheque myself for £228 4s. 10d. on 7th June, and it was given to him for Graham's amount in the ordinary course of business—it is entered in the ledger on 2nd June, but I drew it on the 7th—it is payable to order, and is en
<lb/>dorsed by Graham—originally in his balance-sheet the prisoner showed Sassoon as debtor to the extent of £76 odd—Sassoons are sellers only, and ought to receive money instead of paying it—I find in the ledger an entry on September 8th of the payment of £76 9s. 7d.—when the account is worked out they are apparently, on the face of the account, debtors to Durant to the amount of £71 17s. 6d.—in the ledger, under date 8th September, there appears the entry of £110 19s. 7d., and on the other side</p>
<xptr type="pageFacsimile" doc="189412100035"/>
<p>I find the only goods in respect of that are on September 8th, £49 14s. 9d.—I drew the cheque myself, in the ordinary course of business, as the result of one of the slips supplied to me, to the order of Sassoon—it is en
<lb/>dorsed by them, and has been paid through the bank—we did no business with Sassoon and Graham except through the prisoner—I find the ledger account of Salenger was, January 17th, £50—this is the cheque drawn in the same way to Salenger or order, and endorsed by him—it has been paid through the bank—that appears as an asset in the balance-sheet—we had no dealings with them from the head office—I find that the balance of the suspense account in the balance-sheet of May appears as an asset of £163 2s.—the suspense account, like the whole of the ledger, is in the prisoner's writing—the first four items amount to £40 14s. 5d., and the next four items make a total of £856 9s. 6d.—the cheques for three of those four items, £166 10s. 6d., £287 16s. 9d., and £281 2s. 3d., are in my writing, and were applied for in the ordinary course of business—the payees of two of those cheques are the National Bank of India, and the third is Hopkins—those amounts should not have appeared in the suspense account—on the credit side I see the entry, "Deposit Account, £460," and an entry before that of "G. Coley, £237 15s. 4d."—those two matters are transferred from one suspense account to another—they were genuine liabilities of the firm—the entry of them reduces the debit balance to £162—application was made on one of these slips in the ordinary course for a cheque for Kahn and Kahn for £506 0s. 3d.—the cheque was paid into their account at the London and County Bank—I find by Kahn and Kahn's account in our ledger that the amount due from Durant's was £385 0s. 3d. on 17th February—I find by the entry that three cash pay
<lb/>ments make up the cheque for £506, £256, £128, and £120; the two former sums make up £385—on the other side is "Goods, £385"—I see an entry on the other side of £121 without any date; there is a pencil memoran
<lb/>dum, "S. Account, folio 932," which is the folio of the suspense account—that balances Kahn and Kahn's account—that is the last item in the suspense account, which makes up the £897, and gives the material for arriving at what is the credit—on 21st February, 1894, the prisoner brought me a warrant for a case of silk, marked "W.P. 1,160"—he said, "Here is a warrant for a case of silk, which I have sold, and the prompt will be due on 10th May; will you let me have £100 advance?"—upon that warrant and his statement with regard to it he got a cheque for £100; I spoke to Mr. Francis Durant, and he agreed under the circum
<lb/>stances to lend him £100 until 10th May—I spoke to him afterwards as to who the buyer was, and after some time I got the £100 back.</p>
<hi rend="italic">Cross-examined.</hi> The warrant was lodged as security; we got £100 back eventually after trouble, and the warrant was given up—I was the clerk who principally dealt with the piece goods department—the course of business was that every day the prisoner either came with or sent a slip of paper with the names of the firms for whom he wanted cheques; this is one of the slips—on having the slip I made out the cheques to the orders of the firms for whom the cheques were required, and entered them in a book, which is not here—all the amounts are in the ledger—they are postings from our cash book made from day to day—on the other side of the ledger are entries of cash we received—the ledger, and also the prisoner's monthly lists, would enable us to see from time to time</p>
<xptr type="pageFacsimile" doc="189412100036"/>
<p>exactly how the cash account of Durant with the piece goods department stood—these are the lists which the prisoner supplied us with every month showing the cheques that had been received, and cheques we had paid to sellers, and cheques he had paid to us which he had received from buyers—from May 31st to June 30th he brought these accounts of the transac
<lb/>tions between Durant and the piece goods department, and in our own books we had the means of checking them—Mr. Perry checked then month by month—I cannot say positively whether there was any com
<lb/>plaint of the entries—we had many lists of securities, not monthly—we kept no account of the securities in our own book—we kept the securities themselves, and the lists he furnished us with—at any time we could have compared the lists with the securities—whenever we received a list we compared it with the securities—a monthly check of all the accounts passed before us, not of all the business, but of all the cash that went out and came in—I can hardly give the opinion that the condition of things dis
<lb/>closed by his books is correctly represented by his balance-sheet; the figures that are in his books are in the balance-sheet—I said before the Magistrate, "If a stranger had gone to those books to make up that balance-sheet he would have put into it all the items that have been put into it"—I merely expressed my opinion that that balance-sheet was drawn up correctly; I am not an accountant—I said, "The evidence I have given here to-day is the result of my examination of Mr. Kershaw's own entries"—I verified them by this ledger—it was from his own entries that I gave evidence with regard to the different items—I believe that no cheque I have given to the prisoner has not been recorded in his accounts and lists—he put on papers which I retained the amount of the cheque, and the name of the person in whose name he wanted it drawn, and I made it out to the order of that firm, and kept a note in our books of the issuing of the cheque—I have had the list all checked, and they were correct—Graham's cheque for £228 4s. 10d. is entered in my list, and the prisoner's list, and in the ledger he kept—with regard to the balance-sheet I only called attention to the £1,361, because the figures would not tally—the figures shown on that balance-sheet would make out that our firm were only to get £175, while the prisoner got £375—I called attention to that, and he said there was a mistake of £200—the account from which the £1,361 purports to be taken is in this ledger—according to the figures it ought to be £1,562—no doubt it was by a mistake in carrying out the figures from his ledger that he made that mistake of £200—the question about that was raised the day after the balance-sheet was put before me, I think—I think I never asked the prisoner anything about the balance sheet—I did ask for more information—I got the list of securities; I saw that the warrants stated on it were in our possession—I next asked the prisoner for another document early in September, and then the account showing the debts and securities was given to me—it was in that list that the three items, Sassoon, Cole, and Walker Munsie, were—Walker Munsie's account was £226; I asked why they should be owing us money—he said they were deposits—I said, "Very well, have we received these deposits from the buyers?"—he said, "Yes"—I saw, "Then, if we have received deposits from the buyer, and handed then over to the seller, they are no longer an asset"—I cannot tell you if Walker Munsie were debtors at that time; I do not say that entry is</p>
<xptr type="pageFacsimile" doc="189412100037"/>
<p>wrong—so far as I know the entry "Cole, £388," is correct—I might have judged who were sellers and who were buyers, but I never had any notice which they were—Mr. Francis was frequently at New Street—people from whom we received money we should consider buyers, and people to whom we paid money sellers, but there was nothing to show what any particular firms were; sometimes they might be buyers and sometimes sellers—we had one ledger for bought and sold, not separate ledgers.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-140" type="witnessName">
<interp inst="t18941210-name-140" type="gender" value="male"/>
<interp inst="t18941210-name-140" type="surname" value="TABOR"/>
<interp inst="t18941210-name-140" type="given" value="GEORGE ERNEST"/>GEORGE ERNEST TABOR</persName> </hi>. I am a member of the firm of Thorowgood, Tabor, and Hardcastle, solicitors—on September 27th I attended at Dashwood House—I saw in the partners' room Mr. Francis Durant and Mr. Cumming sitting at one table, and the prisoner in the middle of the room—I sat at another table—Mr. Francis Durant had before him a balance-sheet—he pointed to several items in it (Brunschweiler, Graham, and Co., and Sassoon's, and others), and called the prisoner's attention to them, and asked him as to certain of them, whether the money was owing or not—the prisoner said he could not say without looking at the books—Mr. Francis Durant said that was absurd—the prisoner got up from his seat and came to the table, and looked more closely at the balance-sheet, and Francis Durant pointed to other items, and the prisoner said, "These are not owing"—Mr. Durant said, "How can you say some are owing and some are not without giving the excuse of looking at your books?" and then the prisoner said the money was not owing, and that he had received the money, and that he intended to replace it, but that times had been so bad he had not been able to do so—I walked up to the table, and looked at the items, and said to the prisoner, "Do you understand the serious position in which you are placing yourself by these admissions?"—he bowed—I said the matter was placed in my hands, and I could not form any hasty conclusion; I should like to investigate the matter further, and I asked him to come and see me next day at three o'clock—he came and went into it, and he practically denied everything he had admitted the day before—he asked me not to repeat what he said in confidence, as he did not wish to give himself away.</p>
<hi rend="smallCaps">PERRY</hi>. I am a cashier in Mr. Durant's employment—I have been forty-eight years with them—several times during April, 1893, I saw the prisoner at the office when he came there to see Mr. Durant, senior, who afterwards spoke to me about checking the turn-over in the I cash-book—I went to New Street and did so, taking the figures which the prisoner had given Mr. Durant—I went over month by month with the prisoner at his office, and found the figures he had given were fairly correct—I drew this cheque for £500, which Mr. Durant signed and gave to the prisoner on April 25th—on May 4th, after the business was taken over, the prisoner spoke to me about wanting an advance of £250 till May 26th—he had a cheque for it on that day—on May 19th he had £150, which he said he would pay within a week—after that he spoke about wanting £500, and I spoke to Mr. Durant about it, and I went to the prisoner's office to tell him he did not understand that he had given those securities, as he understood that sellers, if they had advances, gave warrants in the same way that buyers would if they cleared—the prisoner said that was a thin quite distinct from the piece goods; that he found the day before he should be £500 short, and he</p>
<xptr type="pageFacsimile" doc="189412100038"/>
<p>mentioned that he had spoken to Mr. Francis Durant—I came back and told Mr. Durant, and after some little consideration he wrote the cheque, or ordered it to be written—I am sure he told me it was something quite distinct from the piece goods business—he said he would pay within a week or ten days—none of those three amounts have been repaid—then Mr. Charles Durant had a conversation with me, and us the result he wrote a letter to the prisoner, and received the answer of 8th July—on 31st December last I rendered an account to the prisoner of his personal indebtedness—that indebtedness continued down to the middle of 1894.</p>
<hi rend="italic">Cross-examined.</hi> As a rule, I had nothing to do with giving out cheques in the morning, only occasionally—as a rule, the prisoner would go to Brewer—I have not been employed to investigate the books since these matters arose; that was done by Mr. Brewer and Mr. Leake.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-141" type="witnessName">
<interp inst="t18941210-name-141" type="gender" value="male"/>
<interp inst="t18941210-name-141" type="surname" value="LEAKE"/>
<interp inst="t18941210-name-141" type="given" value="PERCY DEWE"/>PERCY DEWE LEAKE</persName> </hi>. I am a chartered accountant, of 25, Abchurch Lane—for some time past I have audited Durant and Co.'s books—on 13th September I received instructions from Mr. Francis Durant with these exhibits, and on the 15th, in consequence of these instructions, I went to 15, New Street, and saw the prisoner—I spent some days in examining the books, and I took notes of certain things that seemed to require explanation, as I could not understand them—I saw the prisoner several times, and occasionally asked him questions—I asked him whether the arrangement was that any of the assets and liabilities of his old busi
<lb/>ness were to be taken over, and he said, "No, it has nothing whatever to do with the old business"—on 21st September I asked him for an explana
<lb/>tion of the suspense account, and whether it represented an asset, and also as to the entries on the credit side, but the prisoner said he would go into the assets with me in detail when I had prepared my provisional balance-sheet—on 24th September he saw my provisional balance-sheet—he said, as to Brunschweiler's account, £303, that that was due from them, and was an asset—I said, looking at the ledger, "Is that asset the amount which appears to the debit of the ledger account?" it is the first entry, as far back as 1893—he said, "That is the same amount"—I marked down some of his answers—he said, with regard to Brunschweiler, that it was an unsecured debt, and was a good asset—I said it was a very old debt—I did not understand it, but he assured me it was all right—I went down the list of debtors with him—I referred to Graham and Co., and he said that was an unsecured debt, but properly included among the list of debtors as an asset—I referred to the entry in the ledger; that was June, 1893—I said, "Here is the amount, dated June, 1893; is that the amount brought down as owing at the present time?"—he said, "It is the amount, yes"—he said, as to Salenger's, £50, that was an unsecured debt—the ledger before me showed apparently that the debt was contracted on 17th June, 1894—the prisoner said, "Salenger will pay interest at 5 per cent on that; it is an unsecured debt"—I drew attention to Sassoon's account; they in the ledger appeared debited with £71 16s. 6d.—I asked if it was due—he said it was—it was on unsecured debt, and would be settled on 19th October prompt; that was, I believe, a date when other amounts were falling due in connection with a certain sale—I asked him for an ex
<lb/>planation of suspense account No. 2 in the ledger, and he answered, "I will explain it to Mr. Francis Durant"—I asked him about the first four items in the account, and he explained that they represented cash received</p>
<xptr type="pageFacsimile" doc="189412100039"/>
<p>by him in the ordinary course of business, and which he had expended on the business expenses instead of paying it into the head office—I asked him for the petty cash book in which I thought the expenditure would appear, and he said he had not got it for the moment, but he would look it up—afterwards I understood he had mislaid it, and could not find it—I should say that those items should not appear in the suspense account, they would go in the ordinary course among the trade expenses to reduce the profit of the year's trading—the three items that appear on the other side of the account, reducing the suspense balance, were liabilities so far as I could see from the books—there was no reason why they should be inserted in the suspense account to reduce the amount—if they had not been inserted the amount in the balance-sheet would stand at about £856, after eliminating the £40 which I was told was for business expenses—that was the amount I inserted in my balance-sheet—it seems to me it should have been so inserted in my balance-sheet he rendered, but in fact it was inserted as £162, because by introducing those actual liabilities he concealed the greater part of what seemed to me to be fictitious assets—I showed the prisoner his statement of securities and debts—he said "They should not have given that to you; that is nothing"—on the face of the ledger I cannot see anything to account for the entry Brun
<lb/>schweiler £54—I have never found any receipts for that figure—Graham's amount douse not appear in the books—I find in the statement of debts and securities as an asset of the firm "interest account £106"—no such amount was due to the firm for interest according to the books.</p>
<hi rend="italic">Cross-examined.</hi> After Mr. Brewer's examination at the Police-court I made my detailed examination of the statement of securities and debts, and found I could not explain some of the figure in it—that statement bears no date—a good many of the figure are in round numbers—it seemed to me that the £106 was not an asset—there is an interest account in the ledger—on 31st August there is a debit balance of £70 9s. apparently, which I transferred to profit and loss account—Brunschweiler's £303 is in the books—I don't think I examined the ledger to see if I could ascertain how the £54 was made up—I scarcely went so far as to ask for the production of vouchers that represented money standing to the credit of the firm—my investigation was stopped by the prisoner saying, "I will explain these matters to Mr. Francis Durant," and then I rendered a provisional balance-sheet to Durant and Co., and they took the matter up—there is a correct folio number against every one of these entries—I cannot trace the £106 anywhere—the £163, the balance of the suspense account, is taken as an asset—I should say that the real balance should not be taken as an asset; it depends on what the suspense account represents—my definition of a suspense account is that it records any transaction the information about which is incomplete—if there is a transaction and you do not know to whose debit or credit it is to be carried, you carry it to the suspense account till it is ascertained—if certain sums were expended on petty cash which it was uncertain whether the prisoner or the firm would have to pay, it would be properly put in the suspense account, I should say—the balance of Cole and Co.'s account, £237 15s. 4d., on the other side is not properly in the account because it appears to be a liability due to Cole and Co.'s and stands to their ledger account in another part of the ledger—the balance is carried to the</p>
<xptr type="pageFacsimile" doc="189412100040"/>
<p>suspense account, but it should not be there—if it were not there it would increase the debit balance standing on the suspense account of that amount—the £460 ought not to appear in the suspense account—I believe £460 is the correct balance of the account on folio twenty-eight to which a reference is given—I do not think there should be anything on that side of the suspense account—the two entries of the National Bank of India represent cash paid by Durant and Co. to the New Street business by means of cheques drawn and given to the prisoner; there is nothing to show to whom those ought to be credited and debited beyond the name of the bank—I think the suspense account is the only account they could be carried to—the petty cash book was never found.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-142" type="witnessName">
<interp inst="t18941210-name-142" type="gender" value="male"/>
<interp inst="t18941210-name-142" type="surname" value="BRUNSCHWEILER"/>
<interp inst="t18941210-name-142" type="given" value="CHARLES ARNOLD"/>CHARLES ARNOLD BRUNSCHWEILER</persName> </hi>. I am a member of the firm of Brunschweiler and Co., of Manchester—since May last I have had no transactions with Durant and Co. as buyers—prior to May, 1893, I had business transactions with the prisoner, who was trading as John Ker
<lb/>shaw and Co.—he acted as a broker, and I purchased goods from him—in January, 1893, I purchased goods from him—in May, 1893, a balance was due from him of £307 13s. 2d.—in April, 1893, I received a circular that he was acting as manager for Durant and Co.—on 25th May I attended an auction, at which he acted as auctioneer, and bought goods from him to the extent of £1,529 16s. 9d.—I paid him a small deposit, and received a rebate—I gave him this cheque, payable to John Kershaw and Co.—there was also due a balance from the May sales for goods still in the docks, and to save making out two cheques I said to him, "Shall I make it out in the name of John Kershaw and Co. or Durant and Co.?" and he said, so far as I remember, that it did not matter, because he should pay it over straight away—I meant to pay Durant and Co.</p>
<hi rend="italic">Cross-examined.</hi> Part of it was a debt to Kershaw and Co., and part to Durant and Co.—it was a cheque to order, and crossed.</p>
<hi rend="italic">Re-examined.</hi> I was applied to afterwards for the £303, and was rather annoyed at it.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-143" type="witnessName">
<interp inst="t18941210-name-143" type="gender" value="male"/>
<interp inst="t18941210-name-143" type="surname" value="ELLISTONE"/>
<interp inst="t18941210-name-143" type="given" value="WALTER"/>WALTER ELLISTONE</persName> </hi>. I am a clerk to Messrs. Graham and Co., East India merchants—I had transactions for that firm with the prisoner when he traded as John Kershaw and Co., before May, 1893, and after that with Durant and Co.—we were sellers—the prisoner while carrying on his own business had sold for us goods in October, 1891, on which £188 6s. 1d. was due to us—that should have been paid within three months according to the usual terms—in March, 1893, he sold goods for us which left him indebted to us £188 13s. 9d., and he owed us altogether £228 4s. 10d. at the beginning of June, 1893—on 7th June we were paid this cheque for £228 4s. 10d.—that did not represent any transaction we had had with Durant and Co.—we got statements and gave a receipt to the prisoner personally—there was no ground for suggesting that we owed Durant and Co. £228, or any sum—I think in September, this year, we were applied to for the money.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-144" type="witnessName">
<interp inst="t18941210-name-144" type="gender" value="male"/>
<interp inst="t18941210-name-144" type="surname" value="LOGAN"/>
<interp inst="t18941210-name-144" type="given" value="WILLIAM"/>WILLIAM LOGAN</persName> </hi>. I am assistant book-keeper and bill clerk to Sassoon and Co., India merchants, at 12, Leadenhall Street—we had transactions with the prisoner when he carried on business as John Kershaw and Co., and subsequently with Durant and Co.—in September, 1893, the prisoner owed us £80 14s. 6d. in respect of goods he had sold for us when he was trading as John Kershaw and Co.—that amount was</p>
<xptr type="pageFacsimile" doc="189412100041"/>
<p>reduced to £71 16s. 6d. by his supplying carpet to a member of our firm—on 8th September, 1893, Durant and Co sold on our behalf goods to the value of £39 3s. 1d.—we received this cheque from the prisoner for £110 19s. 7d., closing both accounts—we were not indebted to Messrs. Durant £71 16s. 6d., or any sum in May this year.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-145" type="witnessName">
<interp inst="t18941210-name-145" type="gender" value="male"/>
<interp inst="t18941210-name-145" type="surname" value="SALENGER"/>
<interp inst="t18941210-name-145" type="given" value="HERBERT PHILIP"/>HERBERT PHILIP SALENGER</persName> </hi>. I am an importer of silk piece goods at 4, Milk Street—I have known Durant and Co. as piece goods brokers since May, 1893—before then I knew the prisoner as carrying on that busi
<lb/>ness—I had transactions with him—in January, 1894, the prisoner borrowed £50 from me—that was paid off by Durant's cheque—Durant and Co owed me no money at this time.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-146" type="witnessName">
<interp inst="t18941210-name-146" type="gender" value="male"/>
<interp inst="t18941210-name-146" type="surname" value="HOELTRING"/>
<interp inst="t18941210-name-146" type="given" value="WILLIAM"/>WILLIAM HOELTRING</persName> </hi>. I am a confidential clerk in the employment of Messrs. Kahn and Kanh, of Paris—prior to May, 1893, we dealt with the prisoner, and since then with Durant and Co.—in January, 1894, the prisoner owed us £121 in respect of a transaction we had with him two or three years previously I think—on 5th January I sent him a draft for acceptance for that amount—on February 19th I received this letter from him. (
<hi rend="italic">Stating that he had paid to their credit</hi> £121)—at that time Durant and Co. were indebted to us in respect of goods to the value of £385 0s. 3d.—those amounts were all paid to us—I also received this letter from the prisoner. (
<hi rend="italic">Stating that he had paid certain sums into there account</hi>)—that makes up £385 due from Durant and Co.—those amounts and the £121 were paid into our London banking account.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-147" type="witnessName">
<interp inst="t18941210-name-147" type="gender" value="male"/>
<interp inst="t18941210-name-147" type="surname" value="BEDFORD"/>
<interp inst="t18941210-name-147" type="given" value="CHARLES WILLIAM"/>CHARLES WILLIAM BEDFORD</persName> </hi>. I am a clerk in the employment of the London and India Docks—on 21st February, 1894, the prisoner came to me with a delivery order, signed Reiss Brothers, for a case of piece goods, marked "W.P. 1160"—I made out a warrant for them—he signed for it—he said he wanted it at once—he told me not to put the number of the pieces on the warrant.</p>
<hi rend="italic">Cross-examined.</hi> He simply asked me not to show the number of pieces on the warrant—I don't know the meaning of that—the pieces were in a case, and had been counted—I did not tell him how many pieces there were—the order was made out to Durant and Co.—the prisoner put the instructions on the back of the order, and signed it—he paid the charges, and had the warrant—there was nothing extraordinary about the trans
<lb/>action that I am aware of.</p>
<hi rend="smallCaps">
<rs id="t18941210-94-verdict-1" type="verdictDescription">
<interp inst="t18941210-94-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-94-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18941210-94-punishment-26" type="punishmentDescription">
<interp inst="t18941210-94-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-94-punishment-26" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-94-18941210 t18941210-94-punishment-26"/>Three Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 12
<hi rend="italic">th</hi>, 1894.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
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<interp inst="t18941210-95" type="date" value="18941210"/>
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<persName id="def1-95-18941210" type="defendantName">
<interp inst="def1-95-18941210" type="gender" value="male"/>
<interp inst="def1-95-18941210" type="age" value="65"/>
<interp inst="def1-95-18941210" type="surname" value="FOSTER"/>
<interp inst="def1-95-18941210" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES FOSTER</hi> (65)</persName>
<hi rend="smallCaps">
<rs id="t18941210-95-verdict-1" type="verdictDescription">
<interp inst="t18941210-95-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-95-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t18941210-95-offence-1" type="offenceDescription">
<interp inst="t18941210-95-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-95-offence-1" type="offenceSubcategory" value="animalTheft"/> six Indictments for stealing horses, carts, harness and corn, of
<persName id="t18941210-name-149" type="victimName">
<interp inst="t18941210-name-149" type="gender" value="male"/>
<interp inst="t18941210-name-149" type="surname" value="COUTTS"/>
<interp inst="t18941210-name-149" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-95-offence-1 t18941210-name-149"/>William Coutts</persName>,
<persName id="t18941210-name-150" type="victimName">
<interp inst="t18941210-name-150" type="gender" value="male"/>
<interp inst="t18941210-name-150" type="surname" value="BISHOP"/>
<interp inst="t18941210-name-150" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-95-offence-1 t18941210-name-150"/>William Bishop</persName>, and other persons, having been before convicted in the name of Robert Ives.</rs> (
<hi rend="italic">See next case.</hi>)</p> </div1>
<div1 type="trialAccount" id="t18941210-96">
<interp inst="t18941210-96" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-96" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-96-charge-1" targOrder="Y" targets="def1-96-18941210 t18941210-96-offence-1 t18941210-96-verdict-1"/>
<join result="criminalCharge" id="t18941210-96-charge-2" targOrder="Y" targets="def2-96-18941210 t18941210-96-offence-1 t18941210-96-verdict-2"/>
<join result="criminalCharge" id="t18941210-96-charge-3" targOrder="Y" targets="def3-96-18941210 t18941210-96-offence-1 t18941210-96-verdict-2"/>
<persName id="def1-96-18941210" type="defendantName">
<interp inst="def1-96-18941210" type="gender" value="male"/>
<interp inst="def1-96-18941210" type="age" value="65"/>
<interp inst="def1-96-18941210" type="surname" value="FOSTER"/>
<interp inst="def1-96-18941210" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES FOSTER</hi> </persName> was
<hi rend="italic">again</hi> indicted with
<persName id="def2-96-18941210" type="defendantName">
<interp inst="def2-96-18941210" type="gender" value="male"/>
<interp inst="def2-96-18941210" type="age" value="19"/>
<interp inst="def2-96-18941210" type="surname" value="ASHTON"/>
<interp inst="def2-96-18941210" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES ASHTON</hi> (19)</persName> and
<persName id="def3-96-18941210" type="defendantName">
<interp inst="def3-96-18941210" type="gender" value="male"/>
<interp inst="def3-96-18941210" type="surname" value="SMITH"/>
<interp inst="def3-96-18941210" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK SMITH</hi> </persName>
<rs id="t18941210-96-offence-1" type="offenceDescription">
<interp inst="t18941210-96-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-96-offence-1" type="offenceSubcategory" value="animalTheft"/>, for stealing a mare and harness, the property of
<persName id="t18941210-name-154" type="victimName">
<interp inst="t18941210-name-154" type="gender" value="male"/>
<interp inst="t18941210-name-154" type="surname" value="TRAILL"/>
<interp inst="t18941210-name-154" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-96-offence-1 t18941210-name-154"/>Charles Traill</persName>, to which </rs>
<hi rend="largeCaps">FOSTER</hi>
<hi rend="smallCaps">
<rs id="t18941210-96-verdict-1" type="verdictDescription">
<interp inst="t18941210-96-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-96-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<xptr type="pageFacsimile" doc="189412100042"/>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. CALVERT</hi>
<hi rend="italic">Defended Smith.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-155" type="witnessName">
<interp inst="t18941210-name-155" type="gender" value="male"/>
<interp inst="t18941210-name-155" type="surname" value="TRAILL"/>
<interp inst="t18941210-name-155" type="given" value="CHARLES"/>CHARLES TRAILL</persName> </hi>. I live at Ealing Road, Alfreton—on October 4th I saw my cob and silver-plated harness safe—I missed it next day, and the stable was broken open—they were brought back on October 28th; they were worth £60—the cob was given to me.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-156" type="witnessName">
<interp inst="t18941210-name-156" type="gender" value="male"/>
<interp inst="t18941210-name-156" type="surname" value="ADAMS"/>
<interp inst="t18941210-name-156" type="given" value="FREDERICK"/>FREDERICK ADAMS</persName> </hi>. I keep a beer-house, the Barley Mow, 127, East Street, Limehouse—I have seen a man three times in twenty-five years, who goes by the names of Williams, Adams and Jinks; he is my step
<lb/>brother, his real name is Jinks—he was in and out of my house on October 5th with the prisoners Smith and Foster and Medcalf—I do not remember having seen Foster before—Smith keeps the Salisbury Arms, about thirty yards from me—Jinks had a cob with him, and they were running it up and down the street, showing the action—Jinks brought it at 9.30 a.m.—Smith and I went to my solicitor's, 37, Walbrook; we started at eleven o'clock—Jinks and the cob were outside; he wanted to sell it—Jinks drove us to the Mansion House, and this very cob was in the cart—Smith got out at the Mansion House, and Jinks drove on to the stable yard—I don't think anything was said on the drive about the cob—about 5.30 or six, Jinks drove the cob up to my door, and about eight or 8.30 Smith, Jinks, Medcalf, and Foster came into my bar—Medcalf is a coke and coal dealer—Smith and Medcalf asked me whether I had a private room—I said that I had no room but my "living" room, and passed them into my bar parlour; and Smith said, "Will you buy the cob and harness?"—I said, "No; I can't afford to keep one"—he said, "Do you think it is straight?"—I said, "If there is anything wrong I would not have it done in my house"—he said, "I have bought it for £20, and have paid a deposit of £4"—Jinks said, "I want the balance, you had better write the cheque in Adams's name, because Jinks has no banking account," and they made the cheque payable to me for £9—Smith took out his cheque book and wrote it—he also handed Jinks £7 in gold and silver, making the amount up to £20—this receipt was given, and Jinks took it away—I presented the cheque next morning, and it was returned marked "
<hi rend="largeCaps">N. S</hi>."—I was misled; I did not know I was to retain it till gold was brought—I learned from my wife that Smith had sent to stop me from going to the bank—I never saw the cob, cart, or harness again—I saw Smith in the neighbourhood nearly every day.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CALVERT</hi>. Smith has been a neighbour of mine some time—I always knew him as a respectable man—I did not tell him that Jinks was my brother—I spoke of him as my stepbrother, and I believe Smith knew that as long ago as April last—he went by the name of Adams at that time, and till the end of October—the cob was offered to me, and I said I could not afford it.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-157" type="witnessName">
<interp inst="t18941210-name-157" type="gender" value="male"/>
<interp inst="t18941210-name-157" type="surname" value="BUSH"/>
<interp inst="t18941210-name-157" type="given" value="THOMAS"/>THOMAS BUSH</persName> </hi>. I am a fish curer, of 134, Elan Street, Limehouse—on October 30th, about 10.30, I was at the Gallant Hussars, and Smith pulled up with a horse and cart, and asked the landlord to come and see them—he said he had given £16 10s. for the horse—I said, "How much will you take for it?"—he said, "The harness also belongs to me; I will take £20 for the horse and harness"—I offered him £19—he said, "No; £20"—I am not a judge of horses; that was the first I had ever bought—he said he would see me in the morning, and see if we could come to an arrangement—next morning I went to the public-house with Mr.</p>
<xptr type="pageFacsimile" doc="189412100043"/>
<p>Smith and Mr. Mitchell, and said, "Now, what about that horse?"—he said, "I have told you £20"—I said, "Say £19"—he got the horse out, and ran him about, and I bought him for £19 15s., and went back into his house, and paid the money—he said, "You can have the receipt made out for £22, if you like"—I said, "Make my receipt for what I give you," and handed him the money, had a drink, and went out—on the Friday night I said, "Who did you buy that horse of?"—he said, of Mr. Adams's brother, who keeps the beerhouse close to him, and if anything was to happen I should have my money returned—he said that on both occasions—I said, "I hope I am dealing with a straightforward, honest man"—he said, "Yes; you are"—Fulcher afterwards came to me, and I gave up the cob to him, and I went to Smith and told him it was a stolen horse, but did not tell him what the detective had told me—he went with me and saw my father-in-law—the detective had not come then—he said, "You will have to give it up"—I said, "I gave you £19 15s. for it"—he said, "I have not got the money, you shall hold my cab as security," and I have got it still.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-158" type="witnessName">
<interp inst="t18941210-name-158" type="gender" value="male"/>
<interp inst="t18941210-name-158" type="surname" value="FULCHER"/>
<interp inst="t18941210-name-158" type="given" value="HENRY"/>HENRY FULCHER</persName> </hi> (413
<hi rend="italic">H</hi>). On October 25th I accompanied Mr. Bush to his stable, and he showed me a bay mare which answered the descrip
<lb/>tion of a horse stolen at Harrow, and Thompson, the prosecutor's coach
<lb/>man, identified her, and I handed her over—Smith was there, and said that he bought her of a man known to him as Adams, for £20, and showed me the receipt—on November 23rd I took Ashton at Sugar Loaf Walk, Bethnal Green—I said I was a police officer, and was going to take him in custody for stealing some horses—he said, "Well, I was only employed by two men, Foster and Williams, or Adams; I might be very useful to you later"—we went to the station; he refused his name and address but eventually gave it and said he withheld it because his mother was ill—Foster was at the Court-house, Edgware, and Ashton was put with him—he spoke to Smith on the platform and said, "Halloa, Fred, are you here?" and Adams said in their hearing, "That is two of the men."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CALVERT</hi>. I believe Smith has done everything to assist the police.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-159" type="witnessName">
<interp inst="t18941210-name-159" type="gender" value="male"/>
<interp inst="t18941210-name-159" type="surname" value="RAGWELL"/>
<interp inst="t18941210-name-159" type="given" value="JOHN"/>JOHN RAGWELL</persName> </hi> (
<hi rend="italic">Detective X</hi>). On October 27th I went to Mr. Bush's and saw the horse—Smith was there, and Mr. Bush said, "That is the man I bought the horse of"—Smith said, "That is quite correct, I bought it of two men; one keeps a beer-house; I thought it was straight"—I went to Arbour Square and saw the property handed to the coachman—on October 8th I went to the Salisbury public-house and told Smith I should take him for being concerned with others in stealing a horse and cart and a set of harness—he said, "What about Percival and Bush?"—I said, "I have no doubt they will be at the station by the time we arrive"—he said, "I bought the horse knowing that his brother kept a house next door, and I believed it was all right."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CALVERT</hi>. Smith has done everything to assist the police—when we arrived at Arbour Square the other two men were outside a public-house.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-160" type="witnessName">
<interp inst="t18941210-name-160" type="gender" value="male"/>
<interp inst="t18941210-name-160" type="surname" value="BOWLES"/>
<interp inst="t18941210-name-160" type="given" value="THOMAS"/>THOMAS BOWLES</persName> </hi> (
<hi rend="italic">Police Sergeant</hi> 406). I was at Harrow Station on October 28th when the charge was entered against Smith—he said, "I admit I bought it, but I did not know it was stolen"—I took the charge</p>
<xptr type="pageFacsimile" doc="189412100044"/>
<p>against Ashton—he said, "What! has he got another name? he has several
<hi rend="italic">aliases;</hi> make it 'concerned,' for I was only working for them"—Foster and Smith had been charged previously.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. Foster was charged in the name of James Ashton, and Ashton possibly meant that he had got another name—he did not seem to recognise the name of Foster.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CALVERT</hi>. When he said, "I was working for them," reference had not been made to Smith—I did not gather that he was working for Smith.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-161" type="witnessName">
<interp inst="t18941210-name-161" type="gender" value="male"/>
<interp inst="t18941210-name-161" type="surname" value="BROWNING"/>
<interp inst="t18941210-name-161" type="given" value="ROBERT"/>ROBERT BROWNING</persName> </hi>. I am the prosecutor's coachman—on October 5th, at 6.45 a.m., I found the premises broken open and the property gone—I next saw them at Mr. Burt's, and recognised them.</p>
<hi rend="smallCaps">
<rs id="t18941210-96-verdict-2" type="verdictDescription">
<interp inst="t18941210-96-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18941210-96-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18941210-97">
<interp inst="t18941210-97" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-97" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-97-charge-1" targOrder="Y" targets="def1-97-18941210 t18941210-97-offence-1 t18941210-97-verdict-1"/>
<join result="criminalCharge" id="t18941210-97-charge-2" targOrder="Y" targets="def2-97-18941210 t18941210-97-offence-1 t18941210-97-verdict-2"/>
<join result="criminalCharge" id="t18941210-97-charge-3" targOrder="Y" targets="def3-97-18941210 t18941210-97-offence-1 t18941210-97-verdict-2"/>
<hi rend="largeCaps">
<persName id="def1-97-18941210" type="defendantName">
<interp inst="def1-97-18941210" type="gender" value="male"/>
<interp inst="def1-97-18941210" type="age" value="65"/>
<interp inst="def1-97-18941210" type="surname" value="FOSTER"/>
<interp inst="def1-97-18941210" type="given" value="CHARLES"/>CHARLES FOSTER</persName>,
<persName id="def2-97-18941210" type="defendantName">
<interp inst="def2-97-18941210" type="gender" value="male"/>
<interp inst="def2-97-18941210" type="age" value="19"/>
<interp inst="def2-97-18941210" type="surname" value="ASHTON"/>
<interp inst="def2-97-18941210" type="given" value="JAMES"/> JAMES ASHTON</persName> </hi>, and
<persName id="def3-97-18941210" type="defendantName">
<interp inst="def3-97-18941210" type="gender" value="male"/>
<interp inst="def3-97-18941210" type="surname" value="SMITH"/>
<interp inst="def3-97-18941210" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK SMITH</hi> </persName> were
<hi rend="italic">again</hi> indicted for
<rs id="t18941210-97-offence-1" type="offenceDescription">
<interp inst="t18941210-97-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-97-offence-1" type="offenceSubcategory" value="animalTheft"/> stealing a mare, a van, and two sets of harness, the property of
<persName id="t18941210-name-165" type="victimName">
<interp inst="t18941210-name-165" type="gender" value="male"/>
<interp inst="t18941210-name-165" type="surname" value="ELLICOT"/>
<interp inst="t18941210-name-165" type="given" value="JUSTUS"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-97-offence-1 t18941210-name-165"/>Justus Ellicot</persName>.</rs> </p>
<hi rend="italic">Foster had</hi>
<hi rend="smallCaps">
<rs id="t18941210-97-verdict-1" type="verdictDescription">
<interp inst="t18941210-97-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-97-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">offered no evidence against Ashton and Smith.</hi> </p>
<hi rend="smallCaps">
<rs id="t18941210-97-verdict-2" type="verdictDescription">
<interp inst="t18941210-97-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18941210-97-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18941210-98">
<interp inst="t18941210-98" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-98" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-98-charge-1" targOrder="Y" targets="def1-98-18941210 t18941210-98-offence-1 t18941210-98-verdict-1"/>
<persName id="def1-98-18941210" type="defendantName">
<interp inst="def1-98-18941210" type="gender" value="male"/>
<interp inst="def1-98-18941210" type="age" value="19"/>
<interp inst="def1-98-18941210" type="surname" value="ASHTON"/>
<interp inst="def1-98-18941210" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES ASHTON</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18941210-98-offence-1" type="offenceDescription">
<interp inst="t18941210-98-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-98-offence-1" type="offenceSubcategory" value="animalTheft"/> for stealing a horse, the property of
<persName id="t18941210-name-167" type="victimName">
<interp inst="t18941210-name-167" type="gender" value="male"/>
<interp inst="t18941210-name-167" type="surname" value="BARTON"/>
<interp inst="t18941210-name-167" type="given" value="FRANK"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-98-offence-1 t18941210-name-167"/>Frank Barton</persName>.</rs> </p>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">offered no evidence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18941210-98-verdict-1" type="verdictDescription">
<interp inst="t18941210-98-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18941210-98-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.—
<hi rend="italic">Sentence on</hi>
<hi rend="largeCaps">FOSTER</hi>,
<hi rend="italic">
<rs id="t18941210-98-punishment-27" type="punishmentDescription">
<interp inst="t18941210-98-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-98-punishment-27" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-95-18941210 t18941210-98-punishment-27"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-96-18941210 t18941210-98-punishment-27"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-97-18941210 t18941210-98-punishment-27"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18941210-99">
<interp inst="t18941210-99" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-99" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-99-charge-1" targOrder="Y" targets="def1-99-18941210 t18941210-99-offence-1 t18941210-99-verdict-2"/>
<join result="criminalCharge" id="t18941210-99-charge-2" targOrder="Y" targets="def2-99-18941210 t18941210-99-offence-1 t18941210-99-verdict-1"/>
<join result="criminalCharge" id="t18941210-99-charge-3" targOrder="Y" targets="def3-99-18941210 t18941210-99-offence-1 t18941210-99-verdict-1"/>
<persName id="def1-99-18941210" type="defendantName">
<interp inst="def1-99-18941210" type="gender" value="male"/>
<interp inst="def1-99-18941210" type="age" value="40"/>
<interp inst="def1-99-18941210" type="surname" value="HAWKINS"/>
<interp inst="def1-99-18941210" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE HAWKINS</hi> (40)</persName>,
<persName id="def2-99-18941210" type="defendantName">
<interp inst="def2-99-18941210" type="gender" value="male"/>
<interp inst="def2-99-18941210" type="age" value="24"/>
<interp inst="def2-99-18941210" type="surname" value="HAWKINS"/>
<interp inst="def2-99-18941210" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH HAWKINS</hi> (24)</persName>, and
<persName id="def3-99-18941210" type="defendantName">
<interp inst="def3-99-18941210" type="gender" value="male"/>
<interp inst="def3-99-18941210" type="age" value="25"/>
<interp inst="def3-99-18941210" type="surname" value="GOODWIN"/>
<interp inst="def3-99-18941210" type="given" value="EDWARD WILLIAM"/>
<hi rend="largeCaps">EDWARD WILLIAM GOODWIN</hi> (25)</persName>,
<rs id="t18941210-99-offence-1" type="offenceDescription">
<interp inst="t18941210-99-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18941210-99-offence-1" type="offenceSubcategory" value="simpleLarceny"/>Stealing 12 cwt. of lead, the property of
<persName id="t18941210-name-171" type="victimName">
<interp inst="t18941210-name-171" type="gender" value="male"/>
<interp inst="t18941210-name-171" type="surname" value="RIDER"/>
<interp inst="t18941210-name-171" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-99-offence-1 t18941210-name-171"/>Thomas Rider</persName>,</rs>
<hi rend="italic">to which J. Hawkins and Goodwin</hi>
<hi rend="smallCaps">
<rs id="t18941210-99-verdict-1" type="verdictDescription">
<interp inst="t18941210-99-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-99-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="smallCaps">MR. HALL</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-172" type="witnessName">
<interp inst="t18941210-name-172" type="gender" value="male"/>
<interp inst="t18941210-name-172" type="surname" value="ABBOTT"/>
<interp inst="t18941210-name-172" type="given" value="THOMAS"/>THOMAS ABBOTT</persName> </hi> (
<hi rend="italic">City Detective Inspector</hi>). On November 12th, at 6.15 p.m., I was on duty with a constable in Camomile Street, and saw the prisoners and other men—George Hawkins came up with a horse, and van outside the Salisbury Anns—I was watching something else in the house; it was a very wet night; George Hawkins was walking about, and looking about in an anxious way, which attracted my suspicions—I went in a warehouse to get out of his way—he went away a few minutes before seven, returned, gave a signal, a van came up, and three men commenced putting lead from an unfinished building into the van; 12 cwt. was put in in less than five minutes—I got into a dark door-way, and saw George Hawkins walk towards the van; I stopped him in Houndstitch, and said, "I am a police officer; what have you got in the van?"—he said, "I don't know; I am hired to do the job"—I told him to get down—he refused, and I pulled him down—he struggled, and I had to call for assistance—he was taken to the station—I cautioned him that I should have to repeat what he said—he said that he was hired by his brother James, and gave his address, and also the address of his brother Joseph—he said he was playing at skittles all day, and was asked to remove some coal, and thought this was a similar job—I said, "I suppose it was not"—he said, "No, it looks more serious"—I took Joseph Hawkins next day, and Goodwin surrendered, saving that he knew I was after him.</p>
<hi rend="italic">Cross-examined.</hi> George did not tell me that he was told to wait out
<lb/>side the Salisbury—I do not know whether he carries coal—he said that</p>
<xptr type="pageFacsimile" doc="189412100045"/>
<p>McCrea, the boy, worked with him—George told me where his brother lived, and gave me every assistance—he said nothing about Goodwin; he said his two brothers; that he was hired by his brother James to do the job, and he was the ringleader.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. The lead had been laid there to be used on the building—it was worth about £18—he drew his van up, and I saw the gate opened by someone who must have climbed over the hoarding.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-173" type="witnessName">
<interp inst="t18941210-name-173" type="gender" value="male"/>
<interp inst="t18941210-name-173" type="surname" value="MCCREA"/>
<interp inst="t18941210-name-173" type="given" value="ARTHUR"/>ARTHUR MCCREA</persName> </hi>. I am a call boy in the employ of the prisoner George—he came to me at home between five and six p.m. on November 12th, said he was going to do a job, and told me to get the pony ready—I did so, and he drove to Camomile Street—he went into the Salisbury Arms, and I waited outside with the van about three-quarters of an hour—when he came out he asked if I had seen his brother James—I said, "No," and he went up the street—his brother James came up soon after
<lb/>wards, and told me to follow him—I drove the van to St. Mary Axe, and some men loaded it with lead—I did not see the prisoner—the gates were open, but I did not go in—George Hawkins returned just as they had finished putting it on, and he and I drove away with the lead—I heard nothing said as to where it was to be taken to—it was quite dark.</p>
<hi rend="italic">Cross-examined.</hi> I have worked for George about four months—he did not tell me that the moving job was to be done for James, but James told me to drive to the unfinished buildings—James may have told George to drive on—I was taken before the Magistrate and discharged.</p>
<hi rend="italic">Re-examined.</hi> I did not hear James direct him to drive on—he never told me where he was going with the lead.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-174" type="witnessName">
<interp inst="t18941210-name-174" type="gender" value="male"/>
<interp inst="t18941210-name-174" type="surname" value="ANDREWS"/>
<interp inst="t18941210-name-174" type="given" value="WILLIAM"/>WILLIAM ANDREWS</persName> </hi>. I am a labourer in the employ of Ryder and Son, and was engaged at this unfinished house in St. Mary Axe—between six and 6.30 p.m. I went round the premises to see if all was secure—the hoarding was fastened by a pin going right through—I got in of a morning by the private door—this lead is the same as was on the works—the prisoner Joseph was a labourer there, but he was discharged on the Saturday because we wanted to shorten the hands.</p>
<hi rend="italic">Cross-examined.</hi> He was only an ordinary labourer—I have known him five months working there—James Hawkins was also employed there—he was foreman of the scaffolding, and was paid off on the previous Saturday at the same time as Joseph.
<hi rend="largeCaps">GEORGE HAWKINS</hi>**</p>
<hi rend="smallCaps">
<rs id="t18941210-99-verdict-2" type="verdictDescription">
<interp inst="t18941210-99-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-99-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction at the Thames Police-court on May</hi> 20
<hi rend="italic">th</hi>, 1892.—
<hi rend="italic">
<rs id="t18941210-99-punishment-28" type="punishmentDescription">
<interp inst="t18941210-99-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-99-punishment-28" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-99-18941210 t18941210-99-punishment-28"/>Nine Months' Hard Labour.</rs> </hi>
<hi rend="largeCaps">JOSEPH HAWKINS</hi> and
<hi rend="largeCaps">GOODWIN</hi>
<hi rend="italic">
<rs id="t18941210-99-punishment-29" type="punishmentDescription">
<interp inst="t18941210-99-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-99-punishment-29" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-99-18941210 t18941210-99-punishment-29"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-99-18941210 t18941210-99-punishment-29"/>Four Month' Hard Labour each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18941210-100">
<interp inst="t18941210-100" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-100" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-100-charge-1" targOrder="Y" targets="def1-100-18941210 t18941210-100-offence-1 t18941210-100-verdict-1"/>
<join result="criminalCharge" id="t18941210-100-charge-2" targOrder="Y" targets="def2-100-18941210 t18941210-100-offence-1 t18941210-100-verdict-1"/>
<persName id="def1-100-18941210" type="defendantName">
<interp inst="def1-100-18941210" type="gender" value="male"/>
<interp inst="def1-100-18941210" type="age" value="27"/>
<interp inst="def1-100-18941210" type="surname" value="MEITHER"/>
<interp inst="def1-100-18941210" type="given" value="CHARLES HENRY"/>
<hi rend="largeCaps">CHARLES HENRY MEITHER</hi> (27)</persName> and
<persName id="def2-100-18941210" type="defendantName">
<interp inst="def2-100-18941210" type="gender" value="male"/>
<interp inst="def2-100-18941210" type="age" value="26"/>
<interp inst="def2-100-18941210" type="surname" value="TUCKER"/>
<interp inst="def2-100-18941210" type="given" value="FRANK VINCENT"/>
<hi rend="largeCaps">FRANK VIN
<lb/>CENT TUCKER</hi> (26)</persName>
<rs id="t18941210-100-offence-1" type="offenceDescription">
<interp inst="t18941210-100-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18941210-100-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining thirteen safes from
<persName id="t18941210-name-177" type="victimName">
<interp inst="t18941210-name-177" type="gender" value="male"/>
<interp inst="t18941210-name-177" type="surname" value="MILLS"/>
<interp inst="t18941210-name-177" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18941210-100-offence-1 t18941210-name-177"/>George Mills</persName> by false pretences.</rs> </p>
<hi rend="smallCaps">MESSRS. C. MATHEWS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MUIR</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="italic">After the commencement of the case the prisoners stated that they wished to</hi>
<hi rend="smallCaps">PLEAD GUILTY</hi>,
<hi rend="italic">upon which the</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">found them</hi> </p>
<hi rend="smallCaps">
<rs id="t18941210-100-verdict-1" type="verdictDescription">
<interp inst="t18941210-100-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18941210-100-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18941210-100-punishment-30" type="punishmentDescription">
<interp inst="t18941210-100-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t18941210-100-punishment-30" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-100-18941210 t18941210-100-punishment-30"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-100-18941210 t18941210-100-punishment-30"/>Five Months' Hard Labour each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18941210-101">
<interp inst="t18941210-101" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-101" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-101-charge-1" targOrder="Y" targets="def1-101-18941210 t18941210-101-offence-1 t18941210-101-verdict-1"/>
<persName id="def1-101-18941210" type="defendantName">
<interp inst="def1-101-18941210" type="gender" value="male"/>
<interp inst="def1-101-18941210" type="age" value="43"/>
<interp inst="def1-101-18941210" type="surname" value="SIMMONDS"/>
<interp inst="def1-101-18941210" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH SIMMONDS</hi> (43)</persName>
<rs id="t18941210-101-offence-1" type="offenceDescription">
<interp inst="t18941210-101-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18941210-101-offence-1" type="offenceSubcategory" value="sodomy"/>, Committing an act of gross in
<lb/>decency.</rs> </p>
<hi rend="smallCaps">
<rs id="t18941210-101-verdict-1" type="verdictDescription">
<interp inst="t18941210-101-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18941210-101-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<xptr type="pageFacsimile" doc="189412100046"/>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Thursday, December</hi> 13
<hi rend="italic">th</hi>, 1894.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18941210-102">
<interp inst="t18941210-102" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-102" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-102-charge-1" targOrder="Y" targets="def1-102-18941210 t18941210-102-offence-1 t18941210-102-verdict-1"/>
<persName id="def1-102-18941210" type="defendantName">
<interp inst="def1-102-18941210" type="gender" value="male"/>
<interp inst="def1-102-18941210" type="age" value="38"/>
<interp inst="def1-102-18941210" type="surname" value="AYRES"/>
<interp inst="def1-102-18941210" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM AYRES</hi> (38)</persName>
<rs id="t18941210-102-offence-1" type="offenceDescription">
<interp inst="t18941210-102-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18941210-102-offence-1" type="offenceSubcategory" value="forgery"/>, Forging and uttering the endorse
<lb/>ment to a bill of exchange, with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. P. TAYLOR</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18941210-name-180" type="witnessName">
<interp inst="t18941210-name-180" type="gender" value="male"/>
<interp inst="t18941210-name-180" type="surname" value="EVANS"/>
<interp inst="t18941210-name-180" type="given" value="GEORGE FEAU"/>GEORGE FEAU EVANS</persName> </hi>. I am a tanner and general manufacturer, of 292, Kingsland Road, London, and Sittingbourne, in Kent—the prisoner has been a customer of mine three or four years, and got in my debt £1,100 for goods and money, and there were £300 worth of bills dishonoured—I issued a writ, got judgment, and put in an execution, but instead of pushing the judgment we executed this agreement, and I with-drew the Sheriff—it is dated September 26th and signed by us both, and by it, for the consideration of £300, he assigns to me the lease and stock of 292, Kingsland Road—I arranged that he was to become manager of the manufactory at £3 a week—he was to pay the workmen their wages on Saturday and come to me on Friday with the wages-sheet to show me the amount of money required, including Saturday—I had no London banking account then, I banked at the London and County at Sitting-bourne—the prisoner had told me in a letter that his account was closed, but I was aware from my past transactions that the London and South-Western Bank treated my cheques as cash—I went to the prisoner's bank with him, the London and South-Western, and the manager said that he owed them £10; I wrote a cheque for it, and opened a fresh account in my own name, and the Sittingbourne cheques would be honoured there—that was about the 26th—the name of the firm at Kingsland was Powell and Co., but I altered the facia about October 16th to "The Kingsland Boot Manufacturing Company"—on Friday night, November 3rd, the prisoner presented this wages sheet, amounting to £16 6s. 11d.—he told me that in addition to the wages there were some trifling expenses, and that £2 10s. was due to Powell and Co., which ought to be paid, for writing up the name—I gave him a cheque for £18 18s. 1d.—there was another little sheet, containing some petty cash, which made up the difference—this cheque has gone through my bank, and has been returned as honoured—I asked the prisoner for Powell's account—he said, "I have not got one," and the matter passed from my mind till Nuttrell, who is in my service, gave me this receipt on the 19th, from Powell and Co., for £2 10s., purporting to be nettled on November 2nd—there is a dash under the 10s., showing that was £2 originally, and not £2 10s.—I recognised the signature, "Powell and Co.," and the figures as the prisoner's writing—before Nuttall brought me the receipt I had spoken to the prisoner about other matters, and the police had seen him—this cheque (
<hi rend="italic">produced</hi>), dated November 7th, 1894, "Pay Powell and Co., or Order," is in the prisoner's writing, and the endorsement, "Powell and Co." is his—it was passed through the bank and cancelled—on 20th November I asked the prisoner for an explanation of the altered account; Finnucane was with me—the prisoner said, "I altered the receipt because it ought to have been £2 10s."—I believe he said he had paid it—the detective asked him to say definitely who signed it—he said, "I signed it; I am in the habit of doing so"—I understood him to say that he was in the habit</p>
<xptr type="pageFacsimile" doc="189412100047"/>
<p>of signing similar documents in other persons' names—this is a genuine signature of Powell and Co., acknowledging the receipt of £2. (
<hi rend="italic">Dated 20th November.</hi>)</p>
<hi rend="italic">Cross-examined.</hi> Before I took over the assignment of the prisoner's business I had been assisting him largely—he had not been assisting me—I commenced to deal with him about 1891, and very soon after December, 1891, he commenced to sign bills—I supplied him with leather and money and he supplied me with boots—we had cross, accounts—the account between us between April 2nd, 1891, and August 3rd, 1894, amounted to, I think, £1,700—it is extremely probable that he gave me bills during the same period for an amount exceeding £4,000, but I totally deny that any of them were for my accommodation—I had to renew bills constantly at his request—these (
<hi rend="italic">produced</hi>) are the statements of the business before I took it over—I received various customers' bills, which are included in the £1,700—I do not think I was paid any cash by the prisoner; not £100 in cash the whole time—there were occasional cheques—I do not mean to tell the Jury I allowed him to continue my debtor in £1,700; it was £1,100—I do not admit that a considerable amount of cash was paid me during those years—this list (
<hi rend="italic">produced</hi>) is a correct one of the bills given in September, 1891"—they were given for four months—they were new bills to enable him to execute an order, and in no case were they accommodation bills—it would take three days to clear my cheques with a stranger—I deny that I sent my crossed cheque, he sending his bill the same day and so be in funds to meet my own crossed cheque—his stock-in-trade that I took was valued by the Sheriff at £290, but Ayres made it £700—it is utterly false that before I entered into this agreement with him, I arranged to give him a partnership in the business to the amount of £500—I deny that I con
<lb/>templated partnership with him—I did not give him details of a proposed partnership—the prisoner showed me this draft deed (
<hi rend="italic">produced</hi>) last July—I was pressing him for a settlement of my account, and he said if he had a considerably increased stock he could increase the business—he would see his solicitor and see if I could not be secured—he afterwards produced this; I opened it and found it was a deed of partnership—I did not know that he had a banking account—I did not draw my cheques to bearer because they Were made out to the Kingsland Boot Co.; and I saw a gentleman at the bank, and asked him to pay cash; if they objected he should have told me of it—they did object to cashing one cheque, because he owed them £2 19s., which I gave him—I say that his having a banking account was done to deceive me—I objected to his paying it in to his account—he had not to give me a rough sketch on Friday, and the accurate amount on Monday; but on one or two occasions he gave me an account on Monday of amounts which could not be collected on Friday—he may have paid money out of his own pocket; he would charge that in his accounts—I know nothing about Mr. Wright—that matter occurred on a Monday, and my pay day is Friday—I do not know whether he paid one of the carpenters 9s.; I know I paid it—I did not want him to pay; I had a cashier there—I did not trust him with money; he was manager of the manufactory—he possibly paid Mr. Davis 10s.; Davis denied it—I have made an investigation, and cannot trace it—the prisoner's writing on the</p>
<xptr type="pageFacsimile" doc="189412100048"/>
<p>back of the cheque for £210s. is perfectly undisguised, and I should recognise it at once—I never expected to see the cheque—I was shown the counter
<lb/>foil at the Police-court—he was represented there by a solicitor—I really mean to suggest that there was an attempt at the Police-court to deceive me—I actually saw the receipt for £2 from Mr. Powell the day before his arrest, and when he was arrested he said, "I thought Powell's bill was £2 10s., and I put the 10s. there"—he told the Magistrate he had paid £2 10s., and the counterfoil is made out for £2 10s.—I do not know why that was not put in my depositions—he said that it was a mistake, he had paid £2, and referred to the counterfoil.</p>
<hi rend="italic">Re-examined.</hi> "Powell and Co.," in the prisoner's undisguised writing, would be on the cheque, which would remain with the bank—the entry in the pass-book would not be in his writing—this is his writing, "Not able to keep my engagement with you"—he also says, "Whereas in an action for £300 and costs an execution has been levied, and whereas the vendor is indebted to the purchaser in the further sum of £700," and he signs that—all that time the Sheriff was in possession—I might have made him a bankrupt—the valuation of stock is signed "C. Evans"—at the time he made the statement about the £2 10s. and the counterfoil he was represented by a solicitor.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. In consideration of his signing that statement I did not make him a bankrupt, and withdrew the Sheriff.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-181" type="witnessName">
<interp inst="t18941210-name-181" type="gender" value="male"/>
<interp inst="t18941210-name-181" type="surname" value="POWELL"/>
<interp inst="t18941210-name-181" type="given" value="CHARLES EDWARD"/>CHARLES EDWARD POWELL</persName> </hi>. I am a sign-writer, of 102, Stoke Newing
<lb/>ton Road—I executed the alteration of the facia at 102, Stoke Newington Road, when the business was taken over by Mr. Evans—I sent in this account dated October 16th, but I did not know Mr. Evans; it was made out to Mr. Ayres for £2—this 10s. was not inserted by my authority or knowledge—this, "Received 2nd March, 1894, Powell and Co.," is not written by me or by my authority—I did not receive the £2 10s.—this "Powell and Co." on the back of this cheque is not my writing or written with my authority or knowledge—the prisoner paid me this account dated November 20th, 1894, for £2, and signed "Powell and Co."—that was not a second account which I had sent in—Ayres came on November 2nd, and said he had called to pay the account but had not got the invoice with him; I made out this statement and he gave me a cheque for £2 on his own account.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-182" type="witnessName">
<interp inst="t18941210-name-182" type="gender" value="male"/>
<interp inst="t18941210-name-182" type="surname" value="CARTWRIGHT"/>
<interp inst="t18941210-name-182" type="given" value="JOHN LEON"/>JOHN LEON CARTWRIGHT</persName> </hi>. I am a cashier at the London and South Western Bank, Shoreditch—Mr. Ayres was one of the customers—I pro
<lb/>duced a copy of his account which I made from the ledger, which is actually in use—in October he paid in a cheque for £18 16s. 1d., and on Novem
<lb/>ber 27th he is indebted with a cheque for £2 paid to Powell and Co.—it is simply a cross entry—we return our cheques for them to be posted into the book.</p>
<hi rend="italic">Re-examined.</hi> I should not give this cheque to anybody but a customer.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-183" type="witnessName">
<interp inst="t18941210-name-183" type="gender" value="male"/>
<interp inst="t18941210-name-183" type="surname" value="FINNUCANE"/>
<interp inst="t18941210-name-183" type="given" value="BERNARD"/>BERNARD FINNUCANE</persName> </hi> (
<hi rend="italic">Detective Sergeant J</hi>). On November 14th I first saw the prisoner in the presence of Mr. Evans, and had a conversation with him about other matters than the cheque—I saw him again on No
<lb/>vember 20th—this receipt for £2 10s. was brought to his notice, and Mr. Evans said, "Why did you alter the amount of Powell's bill?"—he said, "I thought Powell's bill was £2 10s., and I put the 10s. there"—Mr. Evans said, "Is the receipt to the bill in your writing?"—after a great</p>
<xptr type="pageFacsimile" doc="189412100049"/>
<p>deal of hesitation he said, "Well, yes; I have often done it in business"—he was taken to the station and charged with obtaining £2 10s. by false pretences; he made no answer—he was taken before Mr. Lane next day, and while the case was in progress Mr. Lane was taken ill, and the case was taken by Mr. Gross.</p>
<hi rend="italic">Cross-examined.</hi> There was considerable hesitation before he answered; he tried to speak to Mr. Evans on other points, and did not answer the question he was asked.</p>
<hi rend="smallCaps">
<persName id="t18941210-name-184" type="witnessName">
<interp inst="t18941210-name-184" type="gender" value="male"/>
<interp inst="t18941210-name-184" type="surname" value="NUTTALL"/>
<interp inst="t18941210-name-184" type="given" value="ALFRED"/>ALFRED NUTTALL</persName> </hi>. I am Mr. Evans's clerk—I found this receipt for £2 10s. on the file in the office—I did not put it there—I should file receipts given to me—I handed it to Mr. Evans on the morning of November 20th.</p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18941210-102-verdict-1" type="verdictDescription">
<interp inst="t18941210-102-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18941210-102-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="italic">Another indictment against the prisoner was postponed to the next Session.</hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.
<hi rend="italic">Friday, December</hi> 14
<hi rend="italic">th, and Saturday</hi>, 15
<hi rend="italic">th</hi>, 1894.</p>
<hi rend="italic">Before Mr. Justice Hawkins.</hi> </p>
<div1 type="trialAccount" id="t18941210-104">
<interp inst="t18941210-104" type="uri" value="sessionsPapers/18941210"/>
<interp inst="t18941210-104" type="date" value="18941210"/>
<join result="criminalCharge" id="t18941210-104-charge-1" targOrder="Y" targets="def1-104-18941210 t18941210-104-offence-1 t18941210-104-verdict-1"/>
<persName id="def1-104-18941210" type="defendantName">
<interp inst="def1-104-18941210" type="gender" value="male"/>
<interp inst="def1-104-18941210" type="age" value="49"/>
<interp inst="def1-104-18941210" type="surname" value="CATTERMOUL"/>
<interp inst="def1-104-18941210" type="given" value="THOMAS MATTHEW"/>
<hi rend="largeCaps">THOMAS MATTHEW CATTERMOUL</hi> (49)</persName>
<rs id="t18941210-104-offence-1" type="offenceDescription">
<interp inst="t18941210-104-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t18941210-104-offence-1" type="offenceSubcategory" value="arson"/>, Feloniously setting fire to certain matters and things in his dwelling-house, under such circumstances as would have amounted to felony had the house been set fire to.
<hi rend="italic">Other Counts</hi> varying the form of charge.</rs> </p>
<hi rend="smallCaps">MESSRS. CHARLES MATTHEWS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MUIR</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MESSRS. GEOGHEGAN</hi