<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<xptr type="transcription" doc="18961214"/>
<div1 type="frontMatter" id="f18961214">
<interp inst="f18961214" type="uri" value="sessionsPapers/18961214"/>
<interp inst="f18961214" type="date" value="18961214"/>
<p>Sessions Paper.</p>
<persName id="t18961214-name-1">
<interp inst="t18961214-name-1" type="gender" value="male"/>
<interp inst="t18961214-name-1" type="surname" value="BARNETT"/>
<interp inst="t18961214-name-1" type="given" value="JAMES DROVER"/>JAMES DROVER BARNETT</persName> </p>
<persName id="t18961214-name-2">
<interp inst="t18961214-name-2" type="gender" value="male"/>
<interp inst="t18961214-name-2" type="surname" value="BUCKLER"/>
<interp inst="t18961214-name-2" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</p>
<p>Short-hand Writers to the Court,</p>
<p>EDWARD T. E. BESLEY, ESQ., Q.C.,</p>
<p>Law Booksellers and Publishers.</p>
<xptr type="pageFacsimile" doc="189612140002"/>
<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, December 14th, 1896, and following days.</p>
<hi rend="smallCaps">BEFORE</hi> the
<hi rend="smallCaps">RIGHT HON</hi>.
<hi rend="largeCaps">GEORGE FAUDEL PHILLIPS, LORD MAYOR</hi> of the City of London; the Hon. Sir
<hi rend="smallCaps">
<persName id="t18961214-name-3" type="judiciaryName">
<interp inst="t18961214-name-3" type="gender" value="male"/>
<interp inst="t18961214-name-3" type="surname" value="LAWRANCE"/>
<interp inst="t18961214-name-3" type="given" value="JOHN COMPTON"/>JOHN COMPTON LAWRANCE</persName> </hi>,. Knt., one of the Justices of Her Majesty's High Court; Sir
<hi rend="smallCaps">
<persName id="t18961214-name-4" type="judiciaryName">
<interp inst="t18961214-name-4" type="gender" value="male"/>
<interp inst="t18961214-name-4" type="surname" value="HANSON"/>
<interp inst="t18961214-name-4" type="given" value="REGINALD"/>REGINALD HANSON</persName> </hi>, Bart., M.P., Alderman of the said City; Sir
<hi rend="smallCaps">
<persName id="t18961214-name-5" type="judiciaryName">
<interp inst="t18961214-name-5" type="gender" value="male"/>
<interp inst="t18961214-name-5" type="surname" value="HALL"/>
<interp inst="t18961214-name-5" 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="t18961214-name-6" type="judiciaryName">
<interp inst="t18961214-name-6" type="gender" value="male"/>
<interp inst="t18961214-name-6" type="surname" value="DAVIES"/>
<interp inst="t18961214-name-6" type="given" value="HORATIO DAVID"/>HORATIO DAVID DAVIES</persName> </hi>, M.P.,
<hi rend="smallCaps">
<persName id="t18961214-name-7" type="judiciaryName">
<interp inst="t18961214-name-7" type="gender" value="male"/>
<interp inst="t18961214-name-7" type="surname" value="NEWTON"/>
<interp inst="t18961214-name-7" type="given" value="ALFRED JAMES"/>ALFRED JAMES NEWTON</persName> </hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18961214-name-8" type="judiciaryName">
<interp inst="t18961214-name-8" type="gender" value="male"/>
<interp inst="t18961214-name-8" type="surname" value="POUND"/>
<interp inst="t18961214-name-8" type="given" value="JOHN"/>JOHN POUND</persName> </hi>, Esq.,
<hi rend="smallCaps">WILLIAM PURDIE TRELOAR</hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18961214-name-9" type="judiciaryName">
<interp inst="t18961214-name-9" type="gender" value="male"/>
<interp inst="t18961214-name-9" type="surname" value="TRUSCOTT"/>
<interp inst="t18961214-name-9" type="given" value="GEORGE WYATT"/>GEORGE WYATT TRUSCOTT</persName> </hi>, Esq., and
<hi rend="smallCaps">
<persName id="t18961214-name-10" type="judiciaryName">
<interp inst="t18961214-name-10" type="gender" value="male"/>
<interp inst="t18961214-name-10" type="surname" value="HALSE"/>
<interp inst="t18961214-name-10" type="given" value="RICHARD CLARENCE"/>RICHARD CLARENCE HALSE</persName> </hi>, Esq., other of the Aldermen of the said City; Sir
<hi rend="smallCaps">FORREST FULTON</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="t18961214-name-11" type="judiciaryName">
<interp inst="t18961214-name-11" type="gender" value="male"/>
<interp inst="t18961214-name-11" type="surname" value="RITCHIE"/>
<interp inst="t18961214-name-11" type="given" value="JAMES THOMSON"/>JAMES THOMSON RITCHIE</persName> </hi>, Esq., Alderman.</p>
<hi rend="smallCaps">ROBERT HARGREAVES ROGERS</hi>, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">WEBSTER GLYNES</hi>, Esq.</p>
<hi rend="smallCaps">RICHARD CLAKKNCE HALSK</hi>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="189612140003"/>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">PHILLIPS, MAYOR. SECOND SESSION</hi>.</p>
<hi rend="italic">A star (*) 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> 14
<hi rend="italic">th</hi> 1896.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<persName id="def1-59-18961214" type="defendantName">
<interp inst="def1-59-18961214" type="gender" value="male"/>
<interp inst="def1-59-18961214" type="surname" value="PIMM"/>
<interp inst="def1-59-18961214" type="given" value="WILLIAM JOHN"/>
<hi rend="largeCaps">WILLIAM JOHN PIMM</hi> </persName> was indicted
<rs id="t18961214-59-offence-1" type="offenceDescription">
<interp inst="t18961214-59-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18961214-59-offence-1" type="offenceSubcategory" value="bigamy"/> for feloniously marrying
<persName id="t18961214-name-13" type="victimName">
<interp inst="t18961214-name-13" type="gender" value="female"/>
<interp inst="t18961214-name-13" type="surname" value="GREENWAY"/>
<interp inst="t18961214-name-13" type="given" value="EMILY JANE"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-59-offence-1 t18961214-name-13"/>Emily Jane Greenway</persName>, his wife being then living.</rs>
<rs id="t18961214-59-verdict-1" type="verdictDescription">
<interp inst="t18961214-59-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-59-verdict-1" type="verdictSubcategory" value="no_subcategory"/>[See original trial image.]</rs> </p>
<hi rend="italic">He received an excellent character.—
<rs id="t18961214-59-punishment-1" type="punishmentDescription">
<interp inst="t18961214-59-punishment-1" type="punishmentCategory" value="miscPunish"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-59-18961214 t18961214-59-punishment-1"/>Discharged on his own Recognizances.</rs> </hi> </p> </div1>
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<persName id="def1-60-18961214" type="defendantName">
<interp inst="def1-60-18961214" type="gender" value="female"/>
<interp inst="def1-60-18961214" type="age" value="66"/>
<interp inst="def1-60-18961214" type="surname" value="NEWBURY"/>
<interp inst="def1-60-18961214" type="given" value="ANNIE"/>
<hi rend="largeCaps">ANNIE NEWBURY</hi> (66)</persName>
<rs id="t18961214-60-offence-1" type="offenceDescription">
<interp inst="t18961214-60-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18961214-60-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining, by false pre
<lb/>tences, a shilling from
<persName id="t18961214-name-15" type="victimName">
<interp inst="t18961214-name-15" type="gender" value="male"/>
<interp inst="t18961214-name-15" type="surname" value="SCHOLTZ"/>
<interp inst="t18961214-name-15" type="given" value="VERNON RUDOLPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-60-offence-1 t18961214-name-15"/>Vernon Rudolph Scholtz</persName>.</rs> </p>
<hi rend="smallCaps">MR. MORESBY</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-16" type="witnessName">
<interp inst="t18961214-name-16" type="gender" value="male"/>
<interp inst="t18961214-name-16" type="surname" value="SCHOLTZ"/>
<interp inst="t18961214-name-16" type="given" value="VERNON RUDOLPH"/>VERNON RUDOLPH SCHOLTZ</persName> </hi>. I live at 35, Billings Road, West Ken
<lb/>sington—in November last I was in want of a cook, and advertised for one in the
<hi rend="italic">Surrey Comet;</hi> this is it—in reply I received these two letters, signed "J. Newbury," from 59, Mortlake Road, Richmond, recommend
<lb/>ing a servant, the writer being about to leave England for the Cape, and requesting a shilling for her expenses in coming to town to keep an ap
<lb/>pointment—on the 13th I sent the shilling—on the following day my wife went to the address at Richmond.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-17" type="witnessName">
<interp inst="t18961214-name-17" type="gender" value="female"/>
<interp inst="t18961214-name-17" type="surname" value="SCHOLTZ"/>
<interp inst="t18961214-name-17" type="given" value="CAROLINE"/>CAROLINE SCHOLTZ</persName> </hi>. I am the wife of the last witness—I wrote a letter at my husband's dictation, making the appointment on the Thursday, and came up to Kensington and saw the prisoner—she said she could do everything we wanted; that she had been living with Dr. Newbury a number of years—I did not exactly like her, and after she had gone I went to the address she gave to see Dr. Newbury—I saw the landlady, Mrs. Eley, who said there was no Dr. Newbury living there—the prisoner had told me that he was going to the Cape, that he was very ill, and she did not think he would live to get there.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-18" type="witnessName">
<interp inst="t18961214-name-18" type="gender" value="female"/>
<interp inst="t18961214-name-18" type="surname" value="ELEY"/>
<interp inst="t18961214-name-18" type="given" value="MARY"/>MARY ELEY</persName> </hi>. I live at 49, Mortlake Road, Richmond—I sometimes let lodgings—on October 26th the prisoner called; I had a card in the window, "A bedroom to let"—she said she came from he Lady Superior at Hampton Court Palace, and took the room, as she was not well, and wanted a rest—she gave the name of Mrs. Newbury—afterwards I received letters directed to Mrs. Buckle; she had them; she said that was her name, but she had married a second time, and did not wish her</p>
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<p>children to know it, as they were always wanting something—she left on November 14th to go to a lady as cook, to oblige her—the last witness afterwards came and asked for Dr. Newbury; he never lodged at my house.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> You owed me a week's rent when you left.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-19" type="witnessName">
<interp inst="t18961214-name-19" type="gender" value="male"/>
<interp inst="t18961214-name-19" type="surname" value="MORGAN"/>
<interp inst="t18961214-name-19" type="given" value="HARRY"/>HARRY MORGAN</persName> </hi> (
<hi rend="italic">Police Inspector T</hi>). I took the prisoner into custody on the 17th ult., at 67, The Grove, Baling—I told her I was a police officer; I showed her these two letters, and told her there were three charges against her—she said, "I will show you Mrs. Newbury"—she went upstairs to the bedroom of the landlady, Mrs. Matthias, and said, "This is a police officer; don't answer any questions"—I afterwards took her to the station—she said, "I wrote the letters myself, but I did not think I was doing any harm"—she gave her name as Annie Newbury—before the Magistrate she said, "John Newbury lives at Madeira Rise, Bournemouth."</p>
<hi rend="smallCaps">
<persName id="t18961214-name-20" type="witnessName">
<interp inst="t18961214-name-20" type="gender" value="male"/>
<interp inst="t18961214-name-20" type="surname" value="MARKHAM"/>
<interp inst="t18961214-name-20" type="given" value="ROBERT"/>ROBERT MARKHAM</persName> </hi> (
<hi rend="italic">Police Sergeant T</hi>). I went to Bournemouth on November 26th, and made inquiry for Dr. Newbury at twenty-seven houses in Madeira Rise, but did not find him at any of them.</p>
<hi rend="italic">The Prisoner, in her statement before the Magistrate, and also in her defence, alleged that Dr. Newbury gave her permission to write the letters in his name</hi> </p>
<hi rend="smallCaps">
<rs id="t18961214-60-verdict-1" type="verdictDescription">
<interp inst="t18961214-60-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-60-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">A conviction of a similar offence at the Weft London Police Court in March,</hi> 1892,
<hi rend="italic">was proved against her.</hi> </p>
<hi rend="italic">
<rs id="t18961214-60-punishment-2" type="punishmentDescription">
<interp inst="t18961214-60-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-60-punishment-2" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-60-18961214 t18961214-60-punishment-2"/>Six Months' Hard Labour.</rs> </hi> </p> </div1>
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<persName id="def1-61-18961214" type="defendantName">
<interp inst="def1-61-18961214" type="gender" value="male"/>
<interp inst="def1-61-18961214" type="surname" value="HILL"/>
<interp inst="def1-61-18961214" type="given" value="WILLIAM CORNELIUS"/>
<hi rend="largeCaps">WILLIAM CORNELIUS HILL</hi>, </persName>
<rs id="t18961214-61-offence-1" type="offenceDescription">
<interp inst="t18961214-61-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18961214-61-offence-1" type="offenceSubcategory" value="forgery"/>Forging and uttering a receipt for £6, with intent to defraud.</rs> </p>
<hi rend="smallCaps">MESSRS. RICHARDS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">SOPER</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-22" type="witnessName">
<interp inst="t18961214-name-22" type="gender" value="male"/>
<interp inst="t18961214-name-22" type="surname" value="NICHOLSON"/>
<interp inst="t18961214-name-22" type="given" value="TOM"/>TOM NICHOLSON</persName> </hi>. I am an engineer, living at 49, New Street, Wool
<lb/>wich—in October I lived in the same room there with the prisoners—he left there on Monday, November 2nd—I was a depositor in the Post Office Savings Bank; I last saw my book safe on Sunday, November 1st; it was then in the pocket of a coat which was hanging up in a cupboard in the bedroom—I missed the book on November 4th, and have not seen it since—I gave notice to the Post Office authorities, and found that about £6 had been drawn out—these signatures, "Tom Nicholson" and "T. Nicholson," are not in my writing—I did not tell anyone to write my name.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-23" type="witnessName">
<interp inst="t18961214-name-23" type="gender" value="female"/>
<interp inst="t18961214-name-23" type="surname" value="DARLOW"/>
<interp inst="t18961214-name-23" type="given" value="ELIZABETH ANN"/>ELIZABETH ANN DARLOW</persName> </hi>. I am employed at the King's Cross Post Office—on November 2nd or 3rd the prisoner came in to withdraw some money by telegraph—he produced a Post Office Savings Bank book—I gave him instructions how to do it—I saw him write this notice of with
<lb/>drawal; the name on the back is Tom Nicholson—I sent the telegram for him to the Post Office authorities; the money was to be paid at Goswell Road—on November 5th he came again—I recognised him—he produced the same book, and I filled up this receipt for £6, which he signed—I paid him the £6, and entered it in the depositor's book—I next saw him at the General Post Office, where I identified him.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-24" type="witnessName">
<interp inst="t18961214-name-24" type="gender" value="female"/>
<interp inst="t18961214-name-24" type="surname" value="GENTRY"/>
<interp inst="t18961214-name-24" type="given" value="ELIZABETH FOWLER"/>ELIZABETH FOWLER GENTRY</persName> </hi>. I am employed at the Post Office, 309, Goswell Road—on November 2nd the prisoner came to withdraw money of which notice had been sent by telegraph—he gave the name of Tom</p>
<xptr type="pageFacsimile" doc="189612140005"/>
<p>Nicholson, and produced a Savings Bank book with that name on it I filled up this receipt for £10, and saw him sign it—I asked him if it was his book, and he said it was—I paid him in gold—I picked him out at the Post Office afterwards—he was dressed in the same way then as now, I believe—I distinctly remember that he had the black mourning band on his arm, as he has now.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-25" type="witnessName">
<interp inst="t18961214-name-25" type="gender" value="male"/>
<interp inst="t18961214-name-25" type="surname" value="FRY"/>
<interp inst="t18961214-name-25" type="given" value="GEORGE HENRY"/>GEORGE HENRY FRY</persName> </hi>. I am a constable attached to the Post Office—on November 27th I found the prisoner at St. Thomas's Hospital, suffering from chest disease and a bad throat—I waited till he was discharged, and then asked him to go to the Post Office—he was there identified by Miss Darlow and Miss Gentry—I charged him with these frauds, and showed him the receipts; he said he was innocent, and that he was only identified by one of the clerks.</p>
<hi rend="italic">The Prisoner, in a written defence, stated that he had been invalided home from his regiment in India, and discharged, and that he had suffered since from ill-health.</hi> </p>
<hi rend="smallCaps">
<rs id="t18961214-61-verdict-1" type="verdictDescription">
<interp inst="t18961214-61-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-61-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18961214-61-punishment-3" type="punishmentDescription">
<interp inst="t18961214-61-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-61-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-61-18961214 t18961214-61-punishment-3"/>Five Months' Hard Labour.</rs> </hi> </p> </div1>
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<persName id="def1-62-18961214" type="defendantName">
<interp inst="def1-62-18961214" type="gender" value="male"/>
<interp inst="def1-62-18961214" type="age" value="38"/>
<interp inst="def1-62-18961214" type="surname" value="ILLSTONE"/>
<interp inst="def1-62-18961214" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE ILLSTONE</hi> (38)</persName>
<rs id="t18961214-62-offence-1" type="offenceDescription">
<interp inst="t18961214-62-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18961214-62-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a keg of sausage skins, the goods of
<persName id="t18961214-name-27" type="victimName">
<interp inst="t18961214-name-27" type="gender" value="male"/>
<interp inst="t18961214-name-27" type="surname" value="NICHOLLS"/>
<interp inst="t18961214-name-27" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-62-offence-1 t18961214-name-27"/>George Nicholls</persName>.
<hi rend="italic">Second Count</hi>—Receiving the same</rs> </p>
<hi rend="smallCaps">MR. WILSON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-28" type="witnessName">
<interp inst="t18961214-name-28" type="gender" value="male"/>
<interp inst="t18961214-name-28" type="surname" value="NICHOLAS"/>
<interp inst="t18961214-name-28" type="given" value="GEORGE"/>GEORGE NICHOLAS</persName> </hi>. I am a butcher, of 339, Portobello Road—on November 27th I was in Smithfield Market from two till just after four—I bought this keg of sausage-skins for 48s.—my van was there—I did not sell it to the prisoner—pigs' bellies are never put into a keg like this.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I knew what the keg contained when I bought it; this is the receipt.—I do not know if you keep a stall, or if sausage-skins would be of no use to you—I employ a regular cart
<lb/>minder—the man who saw you take this keg was not my regular man, who had gone to a coffee-shop—he is a teetotaler—you were not a teetotaler when you took these skins.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-29" type="witnessName">
<interp inst="t18961214-name-29" type="gender" value="male"/>
<interp inst="t18961214-name-29" type="surname" value="LAWRENCE"/>
<interp inst="t18961214-name-29" type="given" value="ROBERT"/>ROBERT LAWRENCE</persName> </hi>. I am a cart-minder, and live at Long Lane, Smithfield—on November 27th, about 4.15 p.m., I was watching Nicholls's cart, opposite the Fish Market—I saw the man who drives the cart bring this keg, and put it on the cart, and afterwards I saw the prisoner come and take it off, and walk away quickly with it—I went after him, after getting someone to look after the other carts, and followed him round to Farringdon Station, and I saw a policeman stop him, and I went back for Nicholls—I am sure the prisoner is the man; I only lost sight of him for a few minutes as he went round the corner—he was about 400 yards from me.</p>
<hi rend="italic">Cross-examined.</hi> I was about twenty yards from the van when the keg was taken—I was walking up and down, minding the carts—I am not a licensed cart-minder; I am a shoeblack by trade, but I help the cart-minder, and I was minding carts that day—it was two or three minutes before I went after you; I had to get someone to look after the carts—the policeman took you on misprision—Nicholls engaged me to look after the cart on this day; he pays me—I was asked to mind the cart while the minder went to have some coffee—when I came back Nichoils told me he had lost a tub of sausage-skins, and I said, "I have got the man that took it; the policeman is taking him to the station"—I called out to a butcher to mind the carts—I did not notice if many people were</p>
<xptr type="pageFacsimile" doc="189612140006"/>
<p>about at the time; there were a lot of butchers in blue smocks—I did not notice anyone else—you had on a white smock, I believe—Friday is a busy day—when the policeman arrested you you had the keg; you were intoxicated, and so he arrested you, and you said it was a keg of pigs' bellies.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-30" type="witnessName">
<interp inst="t18961214-name-30" type="gender" value="male"/>
<interp inst="t18961214-name-30" type="surname" value="HUNT"/>
<interp inst="t18961214-name-30" type="given" value="FREDERICK"/>FREDERICK HUNT</persName> </hi> (266
<hi rend="italic">G</hi>). On November 27th I was in Cowcross Street—I saw the prisoner, who had this small cask on his shoulder—on seeing me he drooped his head, and looked into the Castle public-house—I kept my eye on him—he proceeded about ten yards, and stopped again, and screwed round his head to see if I was watching him—it aroused my suspicion, and I crossed the road and stopped him, and said, "Where are you going with that? and where did you get it from?"—he said, "I am going home, and I bought it from a man in the market, who lives in Somers Town, for 10s."—I asked him what it contained—he said, "Bellies of pork"—I said I was not satisfied with his account, and should take him to King's Cross Station—he said, "I am sure to cheat you"—while explain
<lb/>ing it to my inspector at the Police-station, Nicholls came and identified the property as his, and said it contained sausage-skins—I took the prisoner to Snow Hill Station, where he was charged—in answer, he said, "I gave 10s, for it, and would buy some more at the price if I had the chance"—I believe, from what I have heard, that he has kept a butcher's stall in Exmouth Street for some little time—he was the worse for drink at this time—he has not suggested to the police that he wanted witnesses called here to-day.</p>
<hi rend="italic">Cross-examined.</hi> You did not tell me you were looking in the Castle for a man you employ—I have been in Exmouth Street for twelve months—I had not seen you before to my knowledge.</p>
<hi rend="italic">The Prisoner, in his defence, stated that he went to the market to buy meat for his stall; that he met a man who asked him to buy a barrel of pigs bellies; that after bargaining for about five minutes lie paid</hi> 10s.
<hi rend="italic">for it, and was taking it home when he was arrested.</hi> </p>
<hi rend="smallCaps">
<rs id="t18961214-62-verdict-1" type="verdictDescription">
<interp inst="t18961214-62-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-62-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">The</hi>
<hi rend="smallCaps">RECORDER</hi>
<hi rend="italic">remarked that he believed the prisoner had done it more as a drunken, foolish freak than anything else.—
<rs id="t18961214-62-punishment-4" type="punishmentDescription">
<interp inst="t18961214-62-punishment-4" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18961214-62-punishment-4" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-62-18961214 t18961214-62-punishment-4"/>Discharged on Recognizances.</rs> </hi> </p> </div1>
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<interp inst="t18961214-63" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-63" type="date" value="18961214"/>
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<persName id="def1-63-18961214" type="defendantName">
<interp inst="def1-63-18961214" type="gender" value="male"/>
<interp inst="def1-63-18961214" type="age" value="25"/>
<interp inst="def1-63-18961214" type="surname" value="CROWHURST"/>
<interp inst="def1-63-18961214" type="given" value="HENRY JAMES"/>
<hi rend="largeCaps">HENRY JAMES CROWHURST</hi> (25)</persName>
<rs id="t18961214-63-offence-1" type="offenceDescription">
<interp inst="t18961214-63-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18961214-63-offence-1" type="offenceSubcategory" value="mail"/>
<hi rend="smallCaps">
<rs id="t18961214-63-verdict-1" type="verdictDescription">
<interp inst="t18961214-63-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-63-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to stealing, while employed in the Post Office, a post-letter and a postal order for 2s., the goods of the
<persName id="t18961214-name-32" type="victimName">
<interp inst="t18961214-name-32" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-63-offence-1 t18961214-name-32"/>Postmaster General</persName>.—</rs>
<hi rend="italic">
<rs id="t18961214-63-punishment-5" type="punishmentDescription">
<interp inst="t18961214-63-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-63-punishment-5" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-63-18961214 t18961214-63-punishment-5"/>Eight Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18961214-64">
<interp inst="t18961214-64" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-64" type="date" value="18961214"/>
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<join result="criminalCharge" id="t18961214-64-charge-2" targOrder="Y" targets="def1-64-18961214 t18961214-64-offence-2 t18961214-64-verdict-1"/>
<persName id="def1-64-18961214" type="defendantName">
<interp inst="def1-64-18961214" type="gender" value="female"/>
<interp inst="def1-64-18961214" type="age" value="25"/>
<interp inst="def1-64-18961214" type="surname" value="POTTER"/>
<interp inst="def1-64-18961214" type="given" value="PENELOPE"/>
<hi rend="largeCaps">PENELOPE POTTER</hi> (25)</persName>
<rs id="t18961214-64-offence-1" type="offenceDescription">
<interp inst="t18961214-64-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18961214-64-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering a receipt for £10,</rs> and
<hi rend="italic">also</hi>
<rs id="t18961214-64-offence-2" type="offenceDescription">
<interp inst="t18961214-64-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18961214-64-offence-2" type="offenceSubcategory" value="forgery"/>to forging and uttering a Post-office withdrawal notice. </rs>
<hi rend="italic">The prisoner received a good character. A lady connected with the Reformatory and Refuge Mission undertook to help the prisoner.—
<rs id="t18961214-64-verdict-1" type="verdictDescription">
<interp inst="t18961214-64-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-64-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<rs id="t18961214-64-punishment-6" type="punishmentDescription">
<interp inst="t18961214-64-punishment-6" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18961214-64-punishment-6" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-64-18961214 t18961214-64-punishment-6"/>Discharged on Recognizances.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18961214-65">
<interp inst="t18961214-65" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-65" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-65-charge-1" targOrder="Y" targets="def1-65-18961214 t18961214-65-offence-1 t18961214-65-verdict-1"/>
<join result="criminalCharge" id="t18961214-65-charge-2" targOrder="Y" targets="def1-65-18961214 t18961214-65-offence-2 t18961214-65-verdict-1"/>
<persName id="def1-65-18961214" type="defendantName">
<interp inst="def1-65-18961214" type="gender" value="male"/>
<interp inst="def1-65-18961214" type="age" value="35"/>
<interp inst="def1-65-18961214" type="surname" value="MEDHURST"/>
<interp inst="def1-65-18961214" type="given" value="WALTER"/>
<hi rend="largeCaps">WALTER MEDHURST</hi> (35)</persName>
<rs id="t18961214-65-offence-1" type="offenceDescription">
<interp inst="t18961214-65-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18961214-65-offence-1" type="offenceSubcategory" value="mail"/>, to stealing a post-letter, the property of the
<persName id="t18961214-name-35" type="victimName">
<interp inst="t18961214-name-35" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-65-offence-1 t18961214-name-35"/>Postmaster-General</persName>;</rs> and
<hi rend="italic">also</hi>
<rs id="t18961214-65-offence-2" type="offenceDescription">
<interp inst="t18961214-65-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18961214-65-offence-2" type="offenceSubcategory" value="forgery"/>to forging and uttering a receipt for 3s.</rs>
<hi rend="italic">The</hi>
<hi rend="smallCaps">RECORDER</hi>
<hi rend="italic">suggested that Mr. Wheatley might help him to find work.—
<rs id="t18961214-65-verdict-1" type="verdictDescription">
<interp inst="t18961214-65-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-65-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<rs id="t18961214-65-punishment-7" type="punishmentDescription">
<interp inst="t18961214-65-punishment-7" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18961214-65-punishment-7" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-65-18961214 t18961214-65-punishment-7"/>Discharged on Recog
<lb/>nizances.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18961214-66">
<interp inst="t18961214-66" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-66" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-66-charge-1" targOrder="Y" targets="def1-66-18961214 t18961214-66-offence-1 t18961214-66-verdict-1"/>
<join result="criminalCharge" id="t18961214-66-charge-2" targOrder="Y" targets="def1-66-18961214 t18961214-66-offence-2 t18961214-66-verdict-1"/>
<persName id="def1-66-18961214" type="defendantName">
<interp inst="def1-66-18961214" type="gender" value="male"/>
<interp inst="def1-66-18961214" type="age" value="20"/>
<interp inst="def1-66-18961214" type="surname" value="JOHNSTONE"/>
<interp inst="def1-66-18961214" type="given" value="ARCHIBALD WILLIAM"/>
<hi rend="largeCaps">ARCHIBALD WILLIAM JOHNSTONE</hi> (20)</persName>
<rs id="t18961214-66-offence-1" type="offenceDescription">
<interp inst="t18961214-66-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18961214-66-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing nine watches and other articles, the goods of
<persName id="t18961214-name-37" type="victimName">
<interp inst="t18961214-name-37" type="gender" value="male"/>
<interp inst="t18961214-name-37" type="surname" value="LEBERT"/>
<interp inst="t18961214-name-37" type="given" value="AUGUST"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-66-offence-1 t18961214-name-37"/>August Lebert</persName> </rs>:
<hi rend="italic">also</hi>
<rs id="t18961214-66-offence-2" type="offenceDescription">
<interp inst="t18961214-66-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18961214-66-offence-2" type="offenceSubcategory" value="simpleLarceny"/>to stealing a pocket-book and other articles, the goods of
<persName id="t18961214-name-38" type="victimName">
<interp inst="t18961214-name-38" type="gender" value="male"/>
<interp inst="t18961214-name-38" type="surname" value="MARTIN"/>
<interp inst="t18961214-name-38" type="given" value="JULES"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-66-offence-2 t18961214-name-38"/>Jules Mar
<lb/>tin</persName>, and to forging and uttering a notice of withdrawal of £10 from the Post Office Savings Bank.—</rs>
<rs id="t18961214-66-verdict-1" type="verdictDescription">
<interp inst="t18961214-66-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-66-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18961214-66-punishment-8" type="punishmentDescription">
<interp inst="t18961214-66-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-66-punishment-8" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-66-18961214 t18961214-66-punishment-8"/>Six Months' Hard Labour.</rs> </hi> </p> </div1>
<xptr type="pageFacsimile" doc="189612140007"/>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, December</hi> 14
<hi rend="italic">th</hi>, 1896.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18961214-67">
<interp inst="t18961214-67" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-67" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-67-charge-1" targOrder="Y" targets="def1-67-18961214 t18961214-67-offence-1 t18961214-67-verdict-1"/>
<persName id="def1-67-18961214" type="defendantName">
<interp inst="def1-67-18961214" type="gender" value="female"/>
<interp inst="def1-67-18961214" type="surname" value="SMITH"/>
<interp inst="def1-67-18961214" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH SMITH</hi> </persName>
<rs id="t18961214-67-offence-1" type="offenceDescription">
<interp inst="t18961214-67-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18961214-67-offence-1" type="offenceSubcategory" value="coiningOffences"/>
<hi rend="smallCaps">
<rs id="t18961214-67-verdict-1" type="verdictDescription">
<interp inst="t18961214-67-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-67-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to feloniously uttering counterfeit coin, after a conviction of unlawfully uttering counterfeit coin on February 28th, 1887. </rs>
<hi rend="italic">
<rs id="t18961214-67-punishment-9" type="punishmentDescription">
<interp inst="t18961214-67-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-67-punishment-9" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-67-18961214 t18961214-67-punishment-9"/>Other convictions were proved against her.—Eighteen Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18961214-68">
<interp inst="t18961214-68" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-68" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-68-charge-1" targOrder="Y" targets="def1-68-18961214 t18961214-68-offence-1 t18961214-68-verdict-1"/>
<persName id="def1-68-18961214" type="defendantName">
<interp inst="def1-68-18961214" type="gender" value="male"/>
<interp inst="def1-68-18961214" type="age" value="54"/>
<interp inst="def1-68-18961214" type="surname" value="TILL"/>
<interp inst="def1-68-18961214" type="given" value="ERNEST ROBERT"/>
<hi rend="largeCaps">ERNEST ROBERT TILL</hi> (54)</persName>
<rs id="t18961214-68-offence-1" type="offenceDescription">
<interp inst="t18961214-68-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18961214-68-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering an order for admission to the
<persName id="t18961214-name-41" type="victimName">
<interp inst="t18961214-name-41" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-68-offence-1 t18961214-name-41"/>Tivoli Music Hall</persName>, with intent to defraud.—</rs>
<rs id="t18961214-68-verdict-1" type="verdictDescription">
<interp inst="t18961214-68-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-68-verdict-1" type="verdictSubcategory" value="no_subcategory"/>[See original trial image.]</rs>
<hi rend="italic">
<rs id="t18961214-68-punishment-10" type="punishmentDescription">
<interp inst="t18961214-68-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-68-punishment-10" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-68-18961214 t18961214-68-punishment-10"/>Twelve Months' Hard Labour.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18961214-69">
<interp inst="t18961214-69" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-69" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-69-charge-1" targOrder="Y" targets="def1-69-18961214 t18961214-69-offence-1 t18961214-69-verdict-1"/>
<join result="criminalCharge" id="t18961214-69-charge-2" targOrder="Y" targets="def2-69-18961214 t18961214-69-offence-1 t18961214-69-verdict-1"/>
<persName id="def1-69-18961214" type="defendantName">
<interp inst="def1-69-18961214" type="gender" value="male"/>
<interp inst="def1-69-18961214" type="age" value="15"/>
<interp inst="def1-69-18961214" type="surname" value="MADLOCK"/>
<interp inst="def1-69-18961214" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS MADLOCK</hi> (15)</persName> and
<persName id="def2-69-18961214" type="defendantName">
<interp inst="def2-69-18961214" type="gender" value="male"/>
<interp inst="def2-69-18961214" type="age" value="16"/>
<interp inst="def2-69-18961214" type="surname" value="NORTH"/>
<interp inst="def2-69-18961214" type="given" value="FRANK"/>
<hi rend="largeCaps">FRANK NORTH</hi> (16)</persName>
<rs id="t18961214-69-offence-1" type="offenceDescription">
<interp inst="t18961214-69-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18961214-69-offence-1" type="offenceSubcategory" value="robbery"/>, to a robbery on
<persName id="t18961214-name-44" type="victimName">
<interp inst="t18961214-name-44" type="gender" value="female"/>
<interp inst="t18961214-name-44" type="surname" value="BAUMGARTNER"/>
<interp inst="t18961214-name-44" type="given" value="LOUISA ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-69-offence-1 t18961214-name-44"/>Louisa Ann Baumgartner</persName>, and stealing a bag, a purse, and 4s. 6d., her property.</rs> </p>
<hi rend="largeCaps">MADLOCK</hi>
<rs id="t18961214-69-verdict-1" type="verdictDescription">
<interp inst="t18961214-69-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-69-verdict-1" type="verdictSubcategory" value="no_subcategory"/>[See original trial image.]</rs>
<hi rend="italic">
<rs id="t18961214-69-punishment-11" type="punishmentDescription">
<interp inst="t18961214-69-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-69-punishment-11" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-69-18961214 t18961214-69-punishment-11"/>Ten Months' Hard Labour.</rs> </hi>
<hi rend="largeCaps">NORTH</hi>
<hi rend="italic">
<rs id="t18961214-69-punishment-12" type="punishmentDescription">
<interp inst="t18961214-69-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-69-punishment-12" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-69-18961214 t18961214-69-punishment-12"/>Five Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18961214-70">
<interp inst="t18961214-70" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-70" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-70-charge-1" targOrder="Y" targets="def1-70-18961214 t18961214-70-offence-1 t18961214-70-verdict-1"/>
<persName id="def1-70-18961214" type="defendantName">
<interp inst="def1-70-18961214" type="gender" value="male"/>
<interp inst="def1-70-18961214" type="age" value="40"/>
<interp inst="def1-70-18961214" type="surname" value="BROWN"/>
<interp inst="def1-70-18961214" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BROWN</hi> (40)</persName>
<rs id="t18961214-70-offence-1" type="offenceDescription">
<interp inst="t18961214-70-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18961214-70-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MR. WILKINSON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-46" type="witnessName">
<interp inst="t18961214-name-46" type="gender" value="female"/>
<interp inst="t18961214-name-46" type="surname" value="BROWN"/>
<interp inst="t18961214-name-46" type="given" value="DORA"/>DORA BROWN</persName> </hi>. I am an assistant at the shop of Mr. Dean, a confec
<lb/>tioner, of Shored itch—I was serving in the shop on November 11th, between six and seven p.m., the other prisoner (See
<hi rend="italic">next case</hi>) came in for a penny biscuit, and gave me a Bonn—I examined it, and took it to Mrs. Dean—Mr. Dean came into the shop, put it into the tester, and a piece came out—she gave it back to me, and the woman left the shop—Mr. Dean followed her, and in a few minutes she was brought back with the prisoner—this is the coin (
<hi rend="italic">produced</hi>).</p>
<hi rend="smallCaps">
<persName id="t18961214-name-47" type="witnessName">
<interp inst="t18961214-name-47" type="gender" value="male"/>
<interp inst="t18961214-name-47" type="surname" value="SMITH"/>
<interp inst="t18961214-name-47" type="given" value="JOHN"/>JOHN SMITH</persName> </hi> (305
<hi rend="italic">H</hi>). On November 11th Mr. Dean gave me infor
<lb/>mation, and pointed out the prisoner and a woman, at the corner of Baker Street, about five yards from the shop, walking together—I followed them through Baker Street to Chilford Street, turned to the right, and then turned back and met them—I said to Ryan, "Where is that two
<lb/>shilling piece you were trying to pass?"—the prisoner said, "Here it is, governor"—it was afterwards identified—I said to Ryan, "Where did you get it?"—she said that she got it in Hackney Road on Saturday night, in change for some boots she bought—going back to Baker Street, I heard something fall, and said, "What is that?"—she said, "Nothing"—it was a bad florin—at the station the prisoner said, "I gave the woman a penny to take the coin back, when I saw it was bad"—1s, 2d. in good money was found on him.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I first saw you in Baker Street; I saw you with the other prisoner in Chilford Street, and you turned to the right—when I said I must take you back, you said that you had met her casually—you did not say that you had given her a penny out of fifteen-pence which you had in your pocket; you said that you did not know her at all.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-48" type="witnessName">
<interp inst="t18961214-name-48" type="gender" value="female"/>
<interp inst="t18961214-name-48" type="surname" value="ANDREWS"/>
<interp inst="t18961214-name-48" type="given" value="ELLEN"/>ELLEN ANDREWS</persName> </hi>. I am female searcher at Commercial Street Station—I found this purse and a penny on the woman—after she was put back in her cell, she called out, "George, you had better not have come out to
<lb/>night"—he said, "Shut up"—no other person spoke in No. 3 cell.</p>
<hi rend="italic">Cross-examined.</hi> I was in the passage with a woman in No, 2 cell, and the voice came from No. 3 cell.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-49" type="witnessName">
<interp inst="t18961214-name-49" type="gender" value="male"/>
<interp inst="t18961214-name-49" type="surname" value="WEBSTER"/>
<interp inst="t18961214-name-49" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. I am Inspector of Coin to the Mint—this</p>
<xptr type="pageFacsimile" doc="189612140008"/>
<p>coin is bad, and this one also which was picked up; both are from the same mould.</p>
<hi rend="italic">The Prisoner produced a written defence, stating that Bridget Bryant spoke to him in the street, and asked him to lend her a penny, as she had just been to a shop for a cake, and they had broken her florin, and that she said she had taken it at a boot shop, and the constable then came up.</hi>
<hi rend="smallCaps">
<rs id="t18961214-70-verdict-1" type="verdictDescription">
<interp inst="t18961214-70-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-70-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 con
<lb/>viction of unlawfully uttering counterfeit coin on April 10th,</hi> 1893.</p>
<hi rend="italic">The</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">then found him to be Guilty of felony. Ten other convictions were proved against him.</hi> </p>
<hi rend="italic">
<rs id="t18961214-70-punishment-13" type="punishmentDescription">
<interp inst="t18961214-70-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-70-punishment-13" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-70-18961214 t18961214-70-punishment-13"/>Three Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18961214-71">
<interp inst="t18961214-71" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-71" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-71-charge-1" targOrder="Y" targets="def1-71-18961214 t18961214-71-offence-1 t18961214-71-verdict-"/>
<join result="criminalCharge" id="t18961214-71-charge-2" targOrder="Y" targets="def2-71-18961214 t18961214-71-offence-2 t18961214-71-verdict-1"/>
<hi rend="italic">The said</hi>
<persName id="def1-71-18961214" type="defendantName">
<interp inst="def1-71-18961214" type="gender" value="male"/>
<interp inst="def1-71-18961214" type="surname" value="BROWN"/>
<interp inst="def1-71-18961214" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BROWN</hi> </persName>was
<hi rend="italic">again</hi> indicted, with
<persName id="def2-71-18961214" type="defendantName">
<interp inst="def2-71-18961214" type="gender" value="female"/>
<interp inst="def2-71-18961214" type="age" value="34"/>
<interp inst="def2-71-18961214" type="surname" value="RYAN"/>
<interp inst="def2-71-18961214" type="given" value="BRIDGET"/>
<hi rend="largeCaps">BRIDGET RYAN</hi> (34)</persName>
<rs id="t18961214-71-offence-1" type="offenceDescription">
<interp inst="t18961214-71-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18961214-71-offence-1" type="offenceSubcategory" value="coiningOffences"/>, with unlawfully having counterfeit coin in their possession, with intent to utter it.</rs> (
<hi rend="italic">The case against Brown was not proceeded with, and the evidence in the former case was repeated.</hi>
<hi rend="largeCaps">RYAN</hi></p>
<hi rend="smallCaps">
<rs id="t18961214-71-verdict-1" type="verdictDescription">
<interp inst="t18961214-71-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-71-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18961214-71-punishment-14" type="punishmentDescription">
<interp inst="t18961214-71-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-71-punishment-14" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-71-18961214 t18961214-71-punishment-14"/>Six Months' Hard Labour.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 15
<hi rend="italic">th</hi>, 1896.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18961214-72">
<interp inst="t18961214-72" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-72" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-72-charge-1" targOrder="Y" targets="def1-72-18961214 t18961214-72-offence-1 t18961214-72-verdict-1"/>
<persName id="def1-72-18961214" type="defendantName">
<interp inst="def1-72-18961214" type="gender" value="male"/>
<interp inst="def1-72-18961214" type="age" value="49"/>
<interp inst="def1-72-18961214" type="surname" value="HOAD"/>
<interp inst="def1-72-18961214" type="given" value="CHARLES FREDERICK"/>
<hi rend="largeCaps">CHARLES FREDERICK HOAD</hi> (49)</persName>
<rs id="t18961214-72-offence-1" type="offenceDescription">
<interp inst="t18961214-72-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18961214-72-offence-1" type="offenceSubcategory" value="simpleLarceny"/>
<hi rend="smallCaps">
<rs id="t18961214-72-verdict-1" type="verdictDescription">
<interp inst="t18961214-72-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-72-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to five indictments for stealing and receiving goods belonging to the
<persName id="t18961214-name-53" type="victimName">
<interp inst="t18961214-name-53" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-72-offence-1 t18961214-name-53"/>Army and Navy Stores</persName>. He received a good character.—</rs>
<hi rend="italic">
<rs id="t18961214-72-punishment-15" type="punishmentDescription">
<interp inst="t18961214-72-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-72-punishment-15" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-72-18961214 t18961214-72-punishment-15"/>Eighteen Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18961214-73">
<interp inst="t18961214-73" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-73" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-73-charge-1" targOrder="Y" targets="def1-73-18961214 t18961214-73-offence-1 t18961214-73-verdict-1"/>
<persName id="def1-73-18961214" type="defendantName">
<interp inst="def1-73-18961214" type="gender" value="male"/>
<interp inst="def1-73-18961214" type="age" value="19"/>
<interp inst="def1-73-18961214" type="surname" value="KEITH"/>
<interp inst="def1-73-18961214" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES KEITH</hi> (19)</persName>
<rs id="t18961214-73-offence-1" type="offenceDescription">
<interp inst="t18961214-73-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18961214-73-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence, together with others unknown, and stealing 10s. of
<persName id="t18961214-name-55" type="victimName">
<interp inst="t18961214-name-55" type="gender" value="male"/>
<interp inst="t18961214-name-55" type="surname" value="HARGRAVE"/>
<interp inst="t18961214-name-55" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-73-offence-1 t18961214-name-55"/>William Hargrave</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-56" type="witnessName">
<interp inst="t18961214-name-56" type="gender" value="indeterminate"/>
<interp inst="t18961214-name-56" type="surname" value="MAITRE"/>
<interp inst="t18961214-name-56" type="given" value="LE"/>M. LE MAITRE</persName> </hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-57" type="witnessName">
<interp inst="t18961214-name-57" type="gender" value="male"/>
<interp inst="t18961214-name-57" type="surname" value="HARGRAVE"/>
<interp inst="t18961214-name-57" type="given" value="WILLIAM"/>WILLIAM HARGRAVE</persName> </hi>. I am master of the ketch,
<hi rend="italic">Elizabeth,</hi> and live at Humber Cottage, Knottingley—on the morning of November 18th, about half past one, I was in a street I don't know the name of, and I was hustled by five men, knocked down, and robbed of about 10s.—a policeman came up, and had the prisoner with him—I said, "That is one of them"—the prisoner said I was charging an innocent man—my tooth was knocked out—I picked it up, and put it in—I was not perfectly sober—I was walking towards my ship, which was in dock—I saw the prisoner's face when I was down—I think he is the one that struck me, but I will not be certain; it was dark.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-58" type="witnessName">
<interp inst="t18961214-name-58" type="gender" value="male"/>
<interp inst="t18961214-name-58" type="surname" value="WHITE"/>
<interp inst="t18961214-name-58" type="given" value="ERNEST"/>ERNEST WHITE</persName> </hi> (310
<hi rend="italic">H</hi>). On November 18th I was in Coles worth Street, at a quarter past one—I heard cries of "Help," and saw four or five men running from Colesworth Street—the prisoner was one of them—I stopped him, and took him back to where I saw the prosecutor, standing in a fighting attitude, bleeding from the mouth—he was drunk—he said he had been knocked down and robbed by some men, and pointed to the prisoner—I had got hold of him at the time—he said, "Don't charge me, governor, for God's sake; I am an innocent man"—I searched him at the station, and 2s. 2d. was found on him—he was thirty or forty yards from the prosecutor when I stopped him; he was running towards me slowly.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I did not see you run across the road and stop to speak to a woman—there were some women there.</p>
<xptr type="pageFacsimile" doc="189612140009"/>
<hi rend="italic">The Prisoner's Statement before the Magistrate:</hi> "I was in Colesworth Street; I was going to see my mother, who lives there, to see if she had gone home or not."</p>
<hi rend="italic">Prisoner's Defence:</hi> Since my father died my mother has kept a lodging-house, and I thought it my duty to go every night and see how she was, as she was bad, and had been in She infirmary. On the night of my arrest I went. She was not in; I went to look for her, and, seeing a woman who knew her, I asked her if she had seen her, and, before she could answer, the policeman caught me by the shoulder, and charged me with robbing this man.</p>
<hi rend="smallCaps">E. WHITE</hi> (
<hi rend="italic">Re-called</hi>). He was running across the road when I stopped him—he did not stop to speak to any woman—his mother is a widow and used to live in Quaker Street.</p>
<hi rend="smallCaps">
<rs id="t18961214-73-verdict-1" type="verdictDescription">
<interp inst="t18961214-73-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18961214-73-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18961214-74">
<interp inst="t18961214-74" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-74" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-74-charge-1" targOrder="Y" targets="def1-74-18961214 t18961214-74-offence-1 t18961214-74-verdict-2"/>
<join result="criminalCharge" id="t18961214-74-charge-2" targOrder="Y" targets="def2-74-18961214 t18961214-74-offence-1 t18961214-74-verdict-1"/>
<persName id="def1-74-18961214" type="defendantName">
<interp inst="def1-74-18961214" type="gender" value="male"/>
<interp inst="def1-74-18961214" type="age" value="30"/>
<interp inst="def1-74-18961214" type="surname" value="HOWARD"/>
<interp inst="def1-74-18961214" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HOWARD</hi> (30)</persName>, and
<persName id="def2-74-18961214" type="defendantName">
<interp inst="def2-74-18961214" type="gender" value="male"/>
<interp inst="def2-74-18961214" type="age" value="24"/>
<interp inst="def2-74-18961214" type="surname" value="HAWKINS"/>
<interp inst="def2-74-18961214" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE HAWKINS</hi> (24)</persName> were indicted for
<rs id="t18961214-74-offence-1" type="offenceDescription">
<interp inst="t18961214-74-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18961214-74-offence-1" type="offenceSubcategory" value="burglary"/> attempted burglary in the dwelling-house of
<persName id="t18961214-name-61" type="victimName">
<interp inst="t18961214-name-61" type="gender" value="male"/>
<interp inst="t18961214-name-61" type="surname" value="ARMITAGE"/>
<interp inst="t18961214-name-61" type="given" value="PERCY"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-74-offence-1 t18961214-name-61"/>Percy Armitage</persName>, being armed with burglarious instruments.</rs> </p>
<hi rend="largeCaps">HAWKINS </hi>
<hi rend="smallCaps">
<rs id="t18961214-74-verdict-1" type="verdictDescription">
<interp inst="t18961214-74-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-74-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="smallCaps">MESSRS. A. GILL</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BIRON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-62" type="witnessName">
<interp inst="t18961214-name-62" type="gender" value="male"/>
<interp inst="t18961214-name-62" type="surname" value="ANDREWS"/>
<interp inst="t18961214-name-62" type="given" value="GEORGE"/>GEORGE ANDREWS</persName> </hi> (
<hi rend="italic">Police-Inspector B) produced and proved a plan of the premises in question.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-63" type="witnessName">
<interp inst="t18961214-name-63" type="gender" value="male"/>
<interp inst="t18961214-name-63" type="surname" value="HIGGINS"/>
<interp inst="t18961214-name-63" type="given" value="HERBERT"/>HERBERT HIGGINS</persName> </hi>. I am footman to Mr. Percy Armitage, of 28, Hans Place—on the night of November 13th I went to bed between five and ten minutes past ten, after shutting up the windows, and seeing that they were fastened—about ten minutes to twelve I heard someone getting up the front railings—I slept in the basement—I got up and awoke Gibbs, the other servant, and while he was dressing I went along the basement—I could not see or hear anything—I then went upstairs with Gibbs to the dining-room floor, and opened the window backing upon Pond Street, but did not see or hear anything—I then went back to the dining-room; after waiting two or three minutes there was a noise on the leads over the conservatory dining-room, like a soft footstep; I did not see anyone—I then went out in front to see if I could find a policeman—I did not see one, but I spoke to a gentleman—shortly afterwards a constable, named Pickering, came to the house, and afterwards Shrimpton; they went round to the leads; one of them turned on his lantern; there was a scuffle, and the light went out; a man came down the steps, and Shrimpton went for him—I turned round to tell the other constable to look out, and I saw Hawkins running towards me with a
<hi rend="italic">jemmy,</hi> that he struck at me; I stooped down and missed the blow, and he went on the stairs—Barnacot caught hold of his left hand and collar, and part of his coat, and we all went down together; we then moved him and threw him across the window, and. something dropped from his hand, which turned out to be a chisel; this is it.</p>
<hi rend="italic">Cross-examined by Howard.</hi> I saw a man; I did not know it was you; it was someone of your description and height who came down the steps; I should not know the man again; I was not within ten yards of him.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-64" type="witnessName">
<interp inst="t18961214-name-64" type="gender" value="male"/>
<interp inst="t18961214-name-64" type="surname" value="SHRIMPTON"/>
<interp inst="t18961214-name-64" type="given" value="THOMAS"/>THOMAS SHRIMPTON</persName> </hi> (334
<hi rend="italic">A</hi>). About ten minutes past twelve on the morning of November 14th, I was called to 28, Hans Place; I saw Pickering, and we both went into the enclosure at the back of the pre
<xptr type="pageFacsimile" doc="189612140010"/>
<p>we looked round, but could find nothing—Pickering then went up the steps to the leads at the back, turned on his light, and said, "Here they are"—I saw Hawkins, and I saw Howard jump down off the leads; I sang out to Pickering, "Look after that one; I will look after this"—I fell over a dog-kennel, and Hawkins struck me with this spike of a wheel; it cut both my knuckles; I got hold of his coat with my right hand, and held it, and he got another spike from the wall and hit me on the head with it; he gave a jerk, and two more spikes fell off—I heard a jump, as if he had fallen; I then left him, and went in search of the other—next morning I went to the station, and saw Howard among others, and picked him out as the man that had made his escape—I don't think he had a hat on when he fell over the wall, but I could not swear it.</p>
<hi rend="italic">Cross-examined by Howard.</hi> You were wearing an overcoat—I could see the side of your face when the light shone on your head—this cap (
<hi rend="italic">produced</hi>) was found on the premises before I left—as soon as I saw you at the station next morning I picked you out from among seven—the fact of your having on a surgical bandage did not assist me; I should have known you under any circumstances; I don't think you had a hat on then—I gave a descrip
<lb/>tion of you; I said you were a taller man than Hawkins, and you had on a light overcoat and laced boots, but I could not say whether you had a cap on or not—I said I should know the man again—I said I thought I could pick you out from anybody—at the Police court you took off the bandage and put it on the head of one of the other men, and then mixed with the others.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-65" type="witnessName">
<interp inst="t18961214-name-65" type="gender" value="male"/>
<interp inst="t18961214-name-65" type="surname" value="DOUGAL"/>
<interp inst="t18961214-name-65" type="given" value="WILLIAM"/>WILLIAM DOUGAL</persName> </hi> (
<hi rend="italic">Detective Sergeant B</hi>). On the early morning of the 14th I received information, in consequence of which I went, with Sergeant Hunt, to 13, Little Orford Street, Chelsea—I had known that address before; I knew that Hawkins lived there; I got there about half-past five in the morning—I knocked at the door; Hawkins's step-father came to the door; I knew him by sight—I went upstairs, and saw a brother of Hawkins' in bed; I saw no one else in the room—I searched the room, and under the bed I found Howard, undressed—I brought him out, and said we should take him into custody, charged, with another man detained at the station, for attempted burglary at 28, Hans Place, and violently assaulting a policeman—up to that time nothing had been said about the man having received injuries—he replied, "Is the man dead? has his dying deposition been taken? If he had not kicked me in the ribs I should not have hit him"—I then searched the room for his clothes—I found his trousers hanging up behind the room door, all in rags—they were put on—I also found his waistcoat and overcoat—in his waistcoat pocket I found this skeleton key, a pair of links, and a stud—I looked round the room for his hat; I could not find one—this straw hat was hanging on the door; it was perfectly dry, and covered with dust—it had been ruining in torrents all the night—I fitted the hat to his head; I found it did not fit—I called his step-father, and asked him if that was the prisoner's hat—he said, "No"—I then asked him if the prisoner was a lodger, and he said, "No"; he had not seen him before that night—the prisoner said, "It is mine"—the father said, "It belongs to Jim"; that is the other prisoner—I asked Hawkins whether Howard was a lodger of his—he said, "No"; he had never seen him before that night—on the way to the station Howard asked me whether Lynes was there—I</p>
<xptr type="pageFacsimile" doc="189612140011"/>
<p>knew Hawkins by that name—I replied, "Yes "; and he said, "That's all right"—he was charged at the station; he made no reply—on the previous evening, about quarter to eight, I was in Sloane Square, when I saw the two prisoners together, going in the direction of Hawkins's lodging; they were both wearing
<hi rend="italic">billycock</hi> hats.</p>
<hi rend="italic">Cross-examined by Howard.</hi> I said at the station that Hawkins's step-father said the straw hat belonged to Jim—the Magistrate wanted the hat produced—since your arrest I have called there several times, but could not see Mr. Hawkins or his wife; I saw the daughter, but he kept out of the way—a summons was issued, but it took me four days to find him—I served him with the summons on the following Thursday—he did not tell me that he would not appear—the summons was to make him appear—when he produced the hat in Court he said it belonged to his son.</p>
<hi rend="italic">Re-examined.</hi> The prisoner stated to me that he had had a fight on Vauxhall Bridge—no one has been found who knows anything about that.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-66" type="witnessName">
<interp inst="t18961214-name-66" type="gender" value="male"/>
<interp inst="t18961214-name-66" type="surname" value="HUNT"/>
<interp inst="t18961214-name-66" type="given" value="RICHARD"/>RICHARD HUNT</persName> </hi> (6
<hi rend="italic">B</hi>). I accompanied the last witness to where Haw
<lb/>kins lived, and was present when Howard was found under the bed—I told him we should arrest him for an attempted burglary at 28, Hans Place, and for an assault—he said, "I don't know where Hans Place is; I was never there"—he then admitted that he was there—I was present when he was brought to the station and confronted with Hawkins—I did not hear what they said—they appeared to know each other perfectly well—I found this chisel in a small cellar, where Haw
<lb/>kins was arrested—he said, "Has the man's deposition been taken?"—I said, "No."</p>
<hi rend="italic">Cross-examined.</hi> You said, "Is the man dead?"—you did not say who the man was—you had a large wound on the forehead; it was bleeding—it was raining that night—your coat was wet; the hat was not—I could write my name in the dust all round it—I asked Mr. Hawkins who the hat belonged to—he replied, "My son, Jim"—the hat was left behind when you were taken to the station; it did not fit you, nor did the cap.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-67" type="witnessName">
<interp inst="t18961214-name-67" type="gender" value="male"/>
<interp inst="t18961214-name-67" type="surname" value="WHITE"/>
<interp inst="t18961214-name-67" type="given" value="ARTHUR"/>ARTHUR WHITE</persName> </hi> (130
<hi rend="italic">B</hi>). I searched the garden at 28, Hans Place, and found this hard felt hat and this jemmy.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-68" type="witnessName">
<interp inst="t18961214-name-68" type="gender" value="male"/>
<interp inst="t18961214-name-68" type="surname" value="BURDON"/>
<interp inst="t18961214-name-68" type="given" value="ALFRED"/>ALFRED BURDON</persName> </hi> (
<hi rend="italic">Inspector B</hi>). I went to 28, Hans Place, at one o'clock on November 14th—I examined the dining-room window, and inside of the putty found it slightly cut—I compared the marks with the chisel, and they corresponded—I also found two marks in the sash of the window which corresponded with this jemmy—it had been just pushed in, not forced; the glass was cracked—I was at the station when Howard was brought there about six a.m.; I told him he was charged with being concerned with another in attempted burglary and assaulting the police—he said, "I admit it"—I then asked him if he would like to put on his hat for identification—he said, "No. What's the use when I admit it?"—however, I thought it best to do so; therefore, I called in some more men and put him amongst them—I then entered the charge, and read it over to him; he then suddenly seemed to wake up, and said, "Oh, I was fighting on Vauxhall Bridge; that is how I came by my injuries. I had no idea that you were charging me with attempted burglary"—that was the first I heard of Vauxhall Bridge—I have since made inquiries.</p>
<hi rend="italic">Cross-examined.</hi> When I read the charge over to you you seemed surprised—I examined Hans Place that night; I did not see any garden seat there.</p>
<xptr type="pageFacsimile" doc="189612140012"/>
<hi rend="smallCaps">
<persName id="t18961214-name-69" type="witnessName">
<interp inst="t18961214-name-69" type="gender" value="male"/>
<interp inst="t18961214-name-69" type="surname" value="NEVILLE"/>
<interp inst="t18961214-name-69" type="given" value="THOMAS"/>THOMAS NEVILLE</persName> </hi>, M.D. I am Divisional Surgeon of Police, 123, Sloane Street—I was called to see Howard at the Police-station on the morning of the 14th—he was suffering from a contused wound on the forehead, also from weakness; he seemed very shaken, and complained of pain in his left side, near the heart—I found no bruises there, or any marks of his having been violently kicked on the ribs; if he had been I should have expected to find some marks—the mark on the forehead might have been caused by a fall, or a blow from some blunt instrument, or by a fall from a wall at a height of twelve feet on to a garden seat; he was suffering from shock, and was very faint.</p>
<hi rend="italic">Cross-examined.</hi> I examined your chest; I looked at the part where you complained of having been hurt; the heart was beating at the time; your shirt was undone; I looked under it, there was no mark; there was a slight smell of drink, rather offensive—I should say you had taken a great deal of drink four or five hours before.</p>
<hi rend="italic">Howard's Defence;</hi> I want to know why Hawkins's father has not been produced. On November 13th, between six and seven, I met the prisoner Hawkins in Sloane Square, and was drinking in his company at various public-houses between nine and twelve, and during that time it was that two policemen saw me wearing a hard hat. On going over Vauxhall Bridge, a man shoving a bundle ran up against me, as if to cut Die on the eye; I had some words with him, and we started fighting, and he kicked me severely; I lost my hat. I got up, and we started fighting again. I gave him a kick, and left him, as I thought, insensible. A man came up and told me that he had been taken to the hospital. I went to see if I could find him, but could not. I went down to Hawkins' house, but did not see him or his father—his brother, seeing the condition I was in, asked me to stop, which I did. In the morning they told me a policeman was there—thinking I was in for an assault on a civilian, I got under the bed, where I was found and taken to the station. Seeing me without a hat, and a bandage round my head, they thought I must be the man they wanted.</p>
<hi rend="italic">Witness for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-70" type="witnessName">
<interp inst="t18961214-name-70" type="gender" value="male"/>
<interp inst="t18961214-name-70" type="surname" value="HAWKINS"/>
<interp inst="t18961214-name-70" type="given" value="RICHARD"/>RICHARD HAWKINS</persName> </hi>. I am a painter; I am step-father to the prisoner Hawkins—I know nothing about the case—I was called by the policeman to recognise the hat—I saw Howard put it on; it did not fit him—I passed the remark, "I think it might be my boy Jim's"—I did not know it; I never saw it before that morning—I don't know that it is yours; I saw McDougal when I was summoned—he asked me if I knew anything about the hat, and I said, "No."</p>
<hi rend="italic">Cross-examined.</hi> It was very much too small for the prisoner—I did not know that it was very dusty; I had just been called up—I was not there when Howard came in; I suppose my other step-son must have let him in; he had been at work in King's Road—the prisoner had no key to my house that I know of; he might have had one from Jim—I never saw him before—I did know that he was intimate with my son—Jim had a cloth cap; I believe it is at home now; I would not be quite positive—this produced is not it; I could almost swear so—his is a grey one.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I think I met the prisoner one evening in the dusk as I went out—I really could not swear it was him, but I fancy it was him.</p>
<hi rend="italic">The Prisoner.</hi> I wish to call my fellow prisoner; I did not know that I could call him.</p>
<xptr type="pageFacsimile" doc="189612140013"/>
<hi rend="italic">Hawkins was called into the witness-box, but he refused to be sworn; he threw down the Testament when it wets put into his hands, and refuted to give evidence.</hi> </p>
<hi rend="largeCaps">HOWARD</hi>
<hi rend="smallCaps">
<rs id="t18961214-74-verdict-2" type="verdictDescription">
<interp inst="t18961214-74-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-74-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. (
<hi rend="italic">See next case.</hi>)</p> </div1>
<div1 type="trialAccount" id="t18961214-75">
<interp inst="t18961214-75" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-75" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-75-charge-1" targOrder="Y" targets="def1-75-18961214 t18961214-75-offence-1 t18961214-75-verdict-1"/>
<persName id="def1-75-18961214" type="defendantName">
<interp inst="def1-75-18961214" type="gender" value="male"/>
<interp inst="def1-75-18961214" type="surname" value="HAWKINS"/>
<interp inst="def1-75-18961214" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE HAWKINS</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18961214-75-offence-1" type="offenceDescription">
<interp inst="t18961214-75-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18961214-75-offence-1" type="offenceSubcategory" value="wounding"/> for feloniously wound
<persName id="t18961214-name-72" type="victimName">
<interp inst="t18961214-name-72" type="gender" value="male"/>
<interp inst="t18961214-name-72" type="surname" value="PICKERING"/>
<interp inst="t18961214-name-72" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-75-offence-1 t18961214-name-72"/>John Pickering</persName>, with intent to prevent his lawful apprehension.</rs> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-73" type="witnessName">
<interp inst="t18961214-name-73" type="gender" value="male"/>
<interp inst="t18961214-name-73" type="surname" value="PICKERING"/>
<interp inst="t18961214-name-73" type="given" value="JOHN"/>JOHN PICKERING</persName> </hi> (387
<hi rend="italic">B</hi>). On the early morning of 14th I was called to 28, Hans Place, in company with Shrimpton—we went through the premises; we found two men on the leads, who were afterwards identified as the prisoner and Howard—the prisoner was climbing up the lattice-work—I tried to hit him with my truncheon; he turned round and struck me with an iron instrument—I fell backwards, and whilst I was holding him he struck me several times in the face with it; I became un
<lb/>conscious; when I came to I heard a police whistle and someone shout
<lb/>ing, and I got up and wandered into the garden, and found three men holding Hawkins—I was taken to the hospital, and remained there three weeks—I could not see the instrument with which I was struck—I heard afterwards that a chisel was found in the garden.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-74" type="witnessName">
<interp inst="t18961214-name-74" type="gender" value="male"/>
<interp inst="t18961214-name-74" type="surname" value="WATSON"/>
<interp inst="t18961214-name-74" type="given" value="CHARLES ROBERT"/>CHARLES ROBERT WATSON</persName> </hi>. I am house-surgeon at St. George's Hospital; I saw Pickering there on the morning of the 14th—I examined him roughly; I could not see his face; he was smothered in blood, and was faint from loss of blood—I had him put to bed, and I dressed his wounds carefully, and stitched them up—there was a large wound on the right side of the forehead, four inches in extent, inflicted by a sharp instru
<lb/>ment; there was also a wound on the left side of the forehead, done by a sharp instrument like this chisel—his nose was cut, and there was another wound from a sharp instrument; they were all separate wounds—there was a contused wound on the left side at the top of the forehead, this jemmy would produce such a wound, or it might be done by the chisel—the mark on his left cheek and eyebrow will be scars for life; from the instruments not being clean there is danger of erysipelas—I saw him yesterday; his wounds have healed; but, of course, after a blow on the head, symptoms may arise; he is hardly fit for duty, and is still feeling the effects.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-75" type="witnessName">
<interp inst="t18961214-name-75" type="gender" value="male"/>
<interp inst="t18961214-name-75" type="surname" value="HUNT"/>
<interp inst="t18961214-name-75" type="given" value="RICHARD"/>RICHARD HUNT</persName> </hi> (
<hi rend="italic">Police Sergeant B</hi> 6). On the night the prisoner was arrested I found this chisel in a small cellar in the place where he was arrested.</p>
<hi rend="smallCaps">
<rs id="t18961214-75-verdict-1" type="verdictDescription">
<interp inst="t18961214-75-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-75-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He also</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a previous conviction on Novem
<lb/>ber 13th,</hi> 1893,
<hi rend="italic">in the name of George Richards; and William Dougal, police sergeant, proved other convictions against him and against Howard.—
<rs id="t18961214-75-punishment-16" type="punishmentDescription">
<interp inst="t18961214-75-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-75-punishment-16" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-75-18961214 t18961214-75-punishment-16"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-74-18961214 t18961214-75-punishment-16"/>Seven Years' Penal Sevitude each.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18961214-76">
<interp inst="t18961214-76" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-76" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-76-charge-1" targOrder="Y" targets="def1-76-18961214 t18961214-76-offence-1 t18961214-76-verdict-1"/>
<join result="criminalCharge" id="t18961214-76-charge-2" targOrder="Y" targets="def2-76-18961214 t18961214-76-offence-1 t18961214-76-verdict-1"/>
<persName id="def1-76-18961214" type="defendantName">
<interp inst="def1-76-18961214" type="gender" value="male"/>
<interp inst="def1-76-18961214" type="age" value="35"/>
<interp inst="def1-76-18961214" type="surname" value="MOSS"/>
<interp inst="def1-76-18961214" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL MOSS</hi> (35)</persName> and
<persName id="def2-76-18961214" type="defendantName">
<interp inst="def2-76-18961214" type="gender" value="male"/>
<interp inst="def2-76-18961214" type="age" value="30"/>
<interp inst="def2-76-18961214" type="surname" value="HENDERSON"/>
<interp inst="def2-76-18961214" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM HENDERSON</hi> (30)</persName>
<rs id="t18961214-76-offence-1" type="offenceDescription">
<interp inst="t18961214-76-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18961214-76-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a barrow, the goods of
<persName id="t18961214-name-78" type="victimName">
<interp inst="t18961214-name-78" type="gender" value="male"/>
<interp inst="t18961214-name-78" type="surname" value="HELLORY"/>
<interp inst="t18961214-name-78" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-76-offence-1 t18961214-name-78"/>Joseph Hellory</persName>.
<hi rend="italic">Second Count</hi>—Receiv
<lb/>ing the same.</rs> </p>
<hi rend="smallCaps">MR. ORMSBY</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-79" type="witnessName">
<interp inst="t18961214-name-79" type="gender" value="male"/>
<interp inst="t18961214-name-79" type="surname" value="WILKINSON"/>
<interp inst="t18961214-name-79" type="given" value="WILLIAM"/>WILLIAM WILKINSON</persName> </hi>. I am employed by Mr. Ashton—on November 13th I delivered some castings in Fetter Lane, leaving my barrow outside—I had to wait while the ticket was signed—when I came back my barrow was gone—I next saw it on Saturday morning at Guildhall.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-80" type="witnessName">
<interp inst="t18961214-name-80" type="gender" value="male"/>
<interp inst="t18961214-name-80" type="surname" value="RANDALL"/>
<interp inst="t18961214-name-80" type="given" value="PERCY JOHN"/>PERCY JOHN RANDALL</persName> </hi>. I am manager to Mr. Evans, a grocer, of G8, Farringdon Street—on November 13th I was called out of the shop about 4.45—I saw Henderson with an empty box of ours in his hand, and</p>
<xptr type="pageFacsimile" doc="189612140014"/>
<p>further off I saw Moss with a barrow, on which were two of our one hundredweight cases of sugar—I took the empty box from Henderson, and he walked to Moss—I said, "What are you doing with this sugar?"—Henderson said, "A man has sent me from the Castle public-house to fetch them away."</p>
<hi rend="smallCaps">
<persName id="t18961214-name-81" type="witnessName">
<interp inst="t18961214-name-81" type="gender" value="male"/>
<interp inst="t18961214-name-81" type="surname" value="DORMAN"/>
<interp inst="t18961214-name-81" type="given" value="HARRY"/>HARRY DORMAN</persName> </hi> (346,
<hi rend="italic">City</hi>). I arrested the prisoners in Farringdon Street about 4.45, and charged them with stealing two boxes of sugar—I charged them at six o'clock with stealing and receiving the barrow—they said it was standing in the street when the man, who asked them to fetch the sugar, was by it—it is about 500 yards from Fetter Lane to the grocer's in Farringdon Street.</p>
<hi rend="italic">Moss, in his statement before the Magistrate, said that the man who employed them was unknown to him.</hi> </p>
<hi rend="smallCaps">
<rs id="t18961214-76-verdict-1" type="verdictDescription">
<interp inst="t18961214-76-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-76-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="largeCaps">MOSS</hi>
<hi rend="italic">had been three times convicted of refractory conduct in the workhouse.—
<rs id="t18961214-76-punishment-17" type="punishmentDescription">
<interp inst="t18961214-76-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-76-punishment-17" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-76-18961214 t18961214-76-punishment-17"/>Six Months' Hard Labour.</rs> </hi>
<hi rend="largeCaps">HENDERSON</hi>
<hi rend="italic">
<rs id="t18961214-76-punishment-18" type="punishmentDescription">
<interp inst="t18961214-76-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-76-punishment-18" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-76-18961214 t18961214-76-punishment-18"/>Four Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18961214-77">
<interp inst="t18961214-77" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-77" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-77-charge-1" targOrder="Y" targets="def1-77-18961214 t18961214-77-offence-1 t18961214-77-verdict-1"/>
<join result="criminalCharge" id="t18961214-77-charge-2" targOrder="Y" targets="def1-77-18961214 t18961214-77-offence-2 t18961214-77-verdict-1"/>
<persName id="def1-77-18961214" type="defendantName">
<interp inst="def1-77-18961214" type="gender" value="male"/>
<interp inst="def1-77-18961214" type="age" value="32"/>
<interp inst="def1-77-18961214" type="surname" value="LAMBERT"/>
<interp inst="def1-77-18961214" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE LAMBERT</hi> (32)</persName>
<rs id="t18961214-77-offence-1" type="offenceDescription">
<interp inst="t18961214-77-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18961214-77-offence-1" type="offenceSubcategory" value="theftFromPlace"/>
<hi rend="smallCaps">
<rs id="t18961214-77-verdict-1" type="verdictDescription">
<interp inst="t18961214-77-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-77-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to breaking and entering the shop of the
<persName id="t18961214-name-83" type="victimName">
<interp inst="t18961214-name-83" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-77-offence-1 t18961214-name-83"/>Army and Navy Co-operative Society, Limited</persName>;</rs>
<hi rend="italic">also</hi>
<rs id="t18961214-77-offence-2" type="offenceDescription">
<interp inst="t18961214-77-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18961214-77-offence-2" type="offenceSubcategory" value="burglary"/>to being found by night with housebreaking implements in his possession without lawful excuse;</rs> and to a conviction * of felony in October, 1894, at this Court.
<hi rend="italic">A detective sergeant stated that he believed the prisoner had been trying to earn an honest living since his last conviction.—
<rs id="t18961214-77-punishment-19" type="punishmentDescription">
<interp inst="t18961214-77-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-77-punishment-19" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-77-18961214 t18961214-77-punishment-19"/>Fifteen Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18961214-78">
<interp inst="t18961214-78" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-78" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-78-charge-1" targOrder="Y" targets="def1-78-18961214 t18961214-78-offence-1 t18961214-78-verdict-1"/>
<persName id="def1-78-18961214" type="defendantName">
<interp inst="def1-78-18961214" type="gender" value="male"/>
<interp inst="def1-78-18961214" type="age" value="31"/>
<interp inst="def1-78-18961214" type="surname" value="WALKER"/>
<interp inst="def1-78-18961214" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS WALKER</hi> (31)</persName>
<rs id="t18961214-78-offence-1" type="offenceDescription">
<interp inst="t18961214-78-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18961214-78-offence-1" type="offenceSubcategory" value="fraud"/>, to unlawfully attempting to obtain 4s. of
<persName id="t18961214-name-85" type="victimName">
<interp inst="t18961214-name-85" type="gender" value="male"/>
<interp inst="t18961214-name-85" type="surname" value="KNILL"/>
<interp inst="t18961214-name-85" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-78-offence-1 t18961214-name-85"/>George Knill</persName> by false pretences, with intent to defraud, and to attempting to steal 4s., his money.—</rs>
<rs id="t18961214-78-verdict-1" type="verdictDescription">
<interp inst="t18961214-78-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-78-verdict-1" type="verdictSubcategory" value="no_subcategory"/>[See original trial image.]</rs>
<hi rend="italic">
<rs id="t18961214-78-punishment-20" type="punishmentDescription">
<interp inst="t18961214-78-punishment-20" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18961214-78-punishment-20" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-78-18961214 t18961214-78-punishment-20"/>Discharged on his own Recognizances</rs> </hi>. And</p> </div1>
<div1 type="trialAccount" id="t18961214-79">
<interp inst="t18961214-79" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-79" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-79-charge-1" targOrder="Y" targets="def1-79-18961214 t18961214-79-offence-1 t18961214-79-verdict-1"/>
<join result="criminalCharge" id="t18961214-79-charge-2" targOrder="Y" targets="def2-79-18961214 t18961214-79-offence-1 t18961214-79-verdict-2"/>
<persName id="def1-79-18961214" type="defendantName">
<interp inst="def1-79-18961214" type="gender" value="male"/>
<interp inst="def1-79-18961214" type="age" value="23"/>
<interp inst="def1-79-18961214" type="surname" value="WARRENDEN"/>
<interp inst="def1-79-18961214" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WARRENDEN</hi> (23)</persName>, and
<persName id="def2-79-18961214" type="defendantName">
<interp inst="def2-79-18961214" type="gender" value="male"/>
<interp inst="def2-79-18961214" type="age" value="42"/>
<interp inst="def2-79-18961214" type="surname" value="HENDERSON"/>
<interp inst="def2-79-18961214" type="given" value="JOE"/>
<hi rend="largeCaps">JOE HENDERSON</hi> (42)</persName>
<rs id="t18961214-79-offence-1" type="offenceDescription">
<interp inst="t18961214-79-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18961214-79-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing a case and twenty-five dozen goblets, value £2 1s. 8d., from
<persName id="t18961214-name-88" type="victimName">
<interp inst="t18961214-name-88" type="gender" value="male"/>
<interp inst="t18961214-name-88" type="surname" value="NEWELL"/>
<interp inst="t18961214-name-88" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-79-offence-1 t18961214-name-88"/>Thomas Newell</persName>.</rs>
<hi rend="largeCaps">WARRENDEN</hi>
<hi rend="smallCaps">
<rs id="t18961214-79-verdict-1" type="verdictDescription">
<interp inst="t18961214-79-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-79-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18961214-79-punishment-21" type="punishmentDescription">
<interp inst="t18961214-79-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-79-punishment-21" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-79-18961214 t18961214-79-punishment-21"/>Six Months' Hard Labour.</rs> </hi> </p>
<hi rend="italic">No evidence was offered against</hi>
<hi rend="largeCaps">HENDERSON</hi>.—
<hi rend="smallCaps">
<rs id="t18961214-79-verdict-2" type="verdictDescription">
<interp inst="t18961214-79-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18961214-79-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>
<hi rend="italic">Tuesday, December</hi> 15
<hi rend="italic">th</hi>, 1896;
<hi rend="italic">and</hi> </p>
<hi rend="largeCaps">THIRD COURT</hi>
<hi rend="italic">Wednesday and Thursday, December</hi> 16
<hi rend="italic">th</hi> and 17
<hi rend="italic">th</hi>, 1896.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18961214-80">
<interp inst="t18961214-80" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-80" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-80-charge-1" targOrder="Y" targets="def1-80-18961214 t18961214-80-offence-1 t18961214-80-verdict-2"/>
<join result="criminalCharge" id="t18961214-80-charge-2" targOrder="Y" targets="def2-80-18961214 t18961214-80-offence-1 t18961214-80-verdict-1"/>
<persName id="def1-80-18961214" type="defendantName">
<interp inst="def1-80-18961214" type="gender" value="male"/>
<interp inst="def1-80-18961214" type="surname" value="TATHAM"/>
<interp inst="def1-80-18961214" type="given" value="HENRY EDWARD"/>
<hi rend="largeCaps">HENRY EDWARD TATHAM</hi> </persName> and
<persName id="def2-80-18961214" type="defendantName">
<interp inst="def2-80-18961214" type="gender" value="male"/>
<interp inst="def2-80-18961214" type="surname" value="TATHAM"/>
<interp inst="def2-80-18961214" type="given" value="GERALD HARCOURT"/>
<hi rend="largeCaps">GERALD HARCOURT TATHAM</hi>, </persName>
<rs id="t18961214-80-offence-1" type="offenceDescription">
<interp inst="t18961214-80-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18961214-80-offence-1" type="offenceSubcategory" value="fraud"/>Unlawfully selling and negotiating without authority, certain securities entrusted to them as brokers.
<hi rend="italic">Other Counts</hi>—For unlawfully forging and uttering a transfer of ten shares in the
<persName id="t18961214-name-91" type="victimName">
<interp inst="t18961214-name-91" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-80-offence-1 t18961214-name-91"/>New York Central Railway Company</persName>.</rs> </p>
<hi rend="largeCaps">HENRY EDWARD TATHAM</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi> to all except the two for forging and uttering.</p>
<hi rend="smallCaps">MR. H. AVORY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. BODKIN</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. GILL</hi>
<hi rend="italic">appeared for H. E. Tatham, and</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>, Q.C.
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. G. ELLIOTT</hi>,
<hi rend="italic">for G. H. Tatham.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-92" type="witnessName">
<interp inst="t18961214-name-92" type="gender" value="male"/>
<interp inst="t18961214-name-92" type="surname" value="KEANE"/>
<interp inst="t18961214-name-92" type="given" value="JAMES"/>JAMES KEANE</persName> </hi>. I am a gentleman's servant, of 39, Claverton Street, S.W.—before 1891 the firm of John Robinson and Henley, of Warnford Court, acted as my stockbrokers; there was a change of partnership, and the firm continued to do business for me—in 1891 I lost some securities, and mentioned it to the elder defendant, who suggested that he should keep my securities in his Stock Exchange safe—in September, 1891, this list of my securities was made out, and on it is six bonds of Spanish four per cent, Nos. 47539-47543 to 48 and 19353, making £436 9s. 5d.—the</p>
<xptr type="pageFacsimile" doc="189612140015"/>
<p>last on the list is £200 Havana Railway stock, also a certificate of ten New York Central Railroad—the last entry in the list, as it originally stood, is the Havana Railway bonds, but I gave instructions subsequently, and other bonds were bought—this bought note was sent to me, showing the bonds and expenses, £205—I did not get the securities; they took care of everything after I bought them—I first received the interest, which was payable quarterly, from Morgan and Co., the London agents. of the company; that continued up to January, 1895, after which I received it from the firm by their cheque—it struck me as a strange thing, but I made no inquiry about the securities till after the failure, when I inquired of Messrs. Morgan, and then went to the defendants' office—I saw them both, and asked them how it was I had been receiving the dividend from them, when I had it previously from Messrs. Morgan—they both said that they did not know, and could not understand it—I did not tell them I had been to Messrs. Morgan's office—they said that every thing would be right, and they should pay over 20s. in the pound—the older defendant said that they could not hand the bonds over to me, because the keys had been taken away—I never gave either of them authority to sell or dispose of my shares—this is a certificate in my name of ten New York Central shares; the front of it bears the words, "Cancelled by London Register." (
<hi rend="italic">On the back of this was a transfer of ten shares to the witness, signed "J. Kean" in the presence of H. R. Tatham, Tokenhouse Buildings.</hi>) I never signed that; it is not at all like my writing; I usually sign my full name to official documents—I cannot write like that—this letter (
<hi rend="italic">produced</hi>) is my writing, and this is my usual signature, "J. Kean" (
<hi rend="italic">Exhibit</hi> 10)—in March, 1895, I gave notice to the defendants' firm to sell £119 worth of my Four per Cent. Spanish stock at 17 £, and got this sold note as the value of it—in January, 1896, I got this memorandum, in the elder defendant's writing, of the securities, which they still held, and these Spanish bonds are in it—in August, 1892, I instructed the defendants' firm to purchase twenty Pennsylvania Railway shares for £226 Os. 6d.—they were purchased, and I got this letter, giving the par
<lb/>ticulars, and in December, 1893, I gave instructions by this letter for four more to be purchased—in January, 1895, I gave instructions to sell ten of the Pennsylania shares; that would leave me fourteen—in January, 1895, I got this letter, enclosing a cheque for the dividends, and, among others, on the remaining fourteen Pennsylvania shares—after the failure I removed some of my securities. through the Official Receiver, but I did not get back the Hanoverian or the Spanish bonds, or the ten New York Central, or the fourteen Penn
<lb/>sylvanias—the value of the securities not returned to me is about £770, and there were some dividends also, amounting to about £40—they were bonds and securities entrusted to the defendants' firm for safe custody and collection of dividends.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. I have had many negotiations with the firm of Tatham and Co.; I have known the elder prisoner since 1881; he was the cause of my dealing with his firm; I used to call in on him, and nearly always saw him—I saw the younger man once or twice, if the elder prisoner was out; the conversation would consist of general discus
<lb/>sion on possible investments—I wrote to H. E. Tatham and Co., but inside I put "Dear Sir"—I cannot recollect any letter which I sent to H. E.</p>
<xptr type="pageFacsimile" doc="189612140016"/>
<p>Tathain only—I received cheques which were all signed in the same writing.</p>
<hi rend="italic">Re-examined.</hi> I have often received documents written like document 5, "H. E. Tathain and Co.," but I do not know whose writing it is; it is not H. E. Tatham's writing—I often received documents from the firm so signed.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-93" type="witnessName">
<interp inst="t18961214-name-93" type="gender" value="male"/>
<interp inst="t18961214-name-93" type="surname" value="HILDFR"/>
<interp inst="t18961214-name-93" type="given" value="JAMES"/>JAMES HILDFR</persName> </hi>. I am a stockbroker—I produce my book, of October 24th, 1893—on that day I purchased from H. E. Tathaina and Co. £2,023 12s. 9d. of Spanish Four per Cents.—I saw the younger prisoner, and afterwards received the bonds, and among them were Nos. 47539 to 47543, and No. 19353, at £39 10s. 7d. each—I sold the whole of them to a jobber the same day, and delivered them in due course.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. It was Mr. Gerald who acted on the Stock Exchange; I did not see Mr. Henry.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-94" type="witnessName">
<interp inst="t18961214-name-94" type="gender" value="male"/>
<interp inst="t18961214-name-94" type="surname" value="FIRMI"/>
<interp inst="t18961214-name-94" type="given" value="NICHOLAS CHARLES PENNY"/>NICHOLAS CHARLES PENNY FIRMI</persName> </hi>. I am a clerk in the office of Mr. Morgan, agent for the New York Central Railway—transfers of shares go through the office—on August 16th, 1893, Certificate 161693 for ten £100 dollar shares was left with me by Mr. John Tatham for surrender to James Eeane; this is the surrender form—afresh certificate is usual after the transfer has been properly executed—all these certificates have the blank form of transfer printed on the back—from August, 1890, to January, 1895, I paid the dividends regularly to James Keane by war
<lb/>rants—the January 15th, 1895, dividend was the last I so paid—on March 15th, 1895, I received the same certificate, with the transfer form At the back, duly executed, with the surrender form No. 14—the usual process was gone through, and three certificates for ten shares each were issued to Mr. Burke.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. It is the practice for American Railway shares to be endorsed in blank, and to have the transferor's name inserted afterwards—the filling up of the transferror's name would be the work of an ordinary clerk—I do not know that there was any difficulty in passing New York shares in March, 1895.</p>
<hi rend="italic">Re-examined.</hi> The transferrer inserts his name first, at the broker's office or at home; the transferrer may or may not put on his own signature.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-95" type="witnessName">
<interp inst="t18961214-name-95" type="gender" value="male"/>
<interp inst="t18961214-name-95" type="surname" value="BURKE"/>
<interp inst="t18961214-name-95" type="given" value="FRANCIS EUSTACE"/>FRANCIS EUSTACE BURKE</persName> </hi>. I live at Ferriers, High Wycombe—I know the firm of Tatham and Co.; they have acted for me and my brother for many years—in June, 1895, I went to their office, and gave them notice to buy thirty-six shares in New York Central, and got this bought note, signed "H. E. Tatham and Co.," showing the price, with commission, to be £619 19s.—on January 17th I sent this cheque for £619 19s.; it has been endorsed and paid—about two months went by before I got the certificate, and then I received three certificates each for ten shares, dated March 5th, 1895, with pencilled signatures; I do not know who wrote them—I never saw this transfer on certificate No. 3 before—in August, 1895, my brother and I purchased about £2,000 of Pennsylvania Railroad shares, through Messrs. Tatham; my brother took the active part in it; we never got the certificate.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. I do not think I saw the younger prisoner from first to last—I think my letters were addressed to the firm, but throughout I have dealt with the elder prisoner rather than the younger.</p>
<xptr type="pageFacsimile" doc="189612140017"/>
<hi rend="smallCaps">
<persName id="t18961214-name-96" type="witnessName">
<interp inst="t18961214-name-96" type="gender" value="male"/>
<interp inst="t18961214-name-96" type="surname" value="KEENS"/>
<interp inst="t18961214-name-96" type="given" value="ALFRED VALENTINE"/>ALFRED VALENTINE KEENS</persName> </hi>. I live at 212, High Holborn, and am a clerk—I was formerly clerk to Messrs. Tatham—I think I went them in 1888, and stayed till they failed—Mr. Robinson was a member of the firm when I went there; he left in 1893, leaving the two prisoners part
<lb/>ners in the business—the younger prisoner was a partner when Mr. Robinson left—they were both in the habit of attending at the office. and were in personal supervision of the business—Mr. Gerald did the dealing part; the elder defendant was mostly in the office—I am familiar with the writing of both—these words in No. 3, "Francis Eustace Buke," and "Ferriera, High Wycombe," are in Gerald's writing—H. E. Tatham is the attesting witness; the name and address are both written by him—in the signature the "e" and the "a" look like Henry Tatham's writing—I do not know Mr. Kearie's writing—there was an American Share Register in the office, and on March 15th, 1895, I have got three entries on the register, two of which are in one writing; the single one is Mr. Gerald's; that shows that the certificates 168 and 112 of Mr. Keane's were taken from the box to transfer to Mr. Burke—the other two are in my writing—I should copy the particulars from the docu
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. I should copy the essential part—Mr. Gerald Tatham went into the Stock Exchange; Mr. Henry very seldom did—Mr. Henry would give instructions to Mr. Gerald as to what to buy and what to sell; he would come in and write them down, and rush out again and transact the business—these entries were made by a clerk, Mr. Lionel Tatham—the entry is usually made in the book when the transfer is sent—I cannot swear that the date was not in—the usual practice is for the endorsements to be in blank, and the transferror's name to be given to the person filling it up.</p>
<hi rend="italic">Re-examined.</hi> The elder defendant used to stay in the office, but if he was out, Gerald would see persons, or ask them to wait—the transfer of the American shares was witnessed at the time the signature was put on—when the sale was complete the purchaser and the seller would receive a contract note—that would be the intimation of the sale.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. The younger prisoner had his own room when be came into the business—he kept the cash-book—the books were not ex
<lb/>amined every half-year by a member of the firm, or every year—he did not examine them from time to time that I know of.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-97" type="witnessName">
<interp inst="t18961214-name-97" type="gender" value="male"/>
<interp inst="t18961214-name-97" type="surname" value="KEANE"/>
<interp inst="t18961214-name-97" type="given" value="JAMES"/>JAMES KEANE</persName> </hi> (
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GILL</hi>). I never saw this certi
<lb/>ficate till a few days before I was examined—I had most complete con
<lb/>fidence in the firm—I have no recollection of the number of documents I have signed in the last fifteen or sixteen years—my honest belief was that I had signed no transfers in 1895, and that I did not sign this, but I might have signed some documents "
<hi rend="italic">Jos.</hi> Keane," but not James Keane in full—I do not do much writing—I usually write with a J pen, but in an office with any pen they gave me—I do not remember being asked to sign an instrument in blank—I always sign in full "James Keane"—I think I should always know my signature—this (
<hi rend="italic">produced</hi>) is my signature; the date is October 15th, 1895—that transfer was executed by me; I have no recollection where I signed it, most probably at home; it may have been sent to me—I sometimes sign "Jas.," but more often than, not the other way—this is a transfer in the same year in my writing (
<hi rend="italic">October,</hi> </p>
<xptr type="pageFacsimile" doc="189612140018"/>
<p>1895)—there are two signatures of mine on this—when I am asked to sign I do not say, "How shall I sign?"—I am never influenced by there sing pencil on the document—I might sign "J." or "Jas." if I was in a hurry, but I do not remember signing a document simply
<hi rend="italic">"</hi> J.'—I gene
<lb/>rally sign "Jas." in writing letters, but in formal documents I sign "James."</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. This is the way I sign "James Keane" to what I call a formal document—this other transfer is mine (
<hi rend="italic">produced</hi>), and here are two others; I think two of them are signed "Jas,"—I write up more often than I write down, this is one of the down ones, when I was writing in a hurry—my signature varies—this signature (
<hi rend="italic">another</hi>) is mine—I think I more often write sloping upwards than downwards—this is one where I wrote down, and there is one which is neither up nor down, but level—when the alleged forgery was shown to me I knew that my money had been lost—I was sent for to the Treasury—I signed several documents that year, but mostly in buying—my belief was that I had signed no transfers, but I had nothing before me.</p>
<hi rend="italic">Re-examined.</hi>). I recognised the five or six signatures shown me by Mr. Gill, at once; I think they are all for the purchase of stock—I was not selling any stock that year, to the best of my recollection—I used to go to Mr. Tatham's office and say, "What had I better do with this money?" and then the transfers would come by post—I might sign it at home, I don't remember—I have executed a transfer in his office, I signing my name and he his—I cannot swear whether, when a transfer came by post, I have ever sent it back without the attesting witness's name—I regard the New York Central as a good investment; I bought them for invest-ment, and not for taking advantage of any rise—I had never held any of them before or since, and never had any intention of selling them.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-98" type="witnessName">
<interp inst="t18961214-name-98" type="gender" value="male"/>
<interp inst="t18961214-name-98" type="surname" value="GURRIN"/>
<interp inst="t18961214-name-98" type="given" value="THOMAS HENRY"/>THOMAS HENRY GURRIN</persName> </hi>. I am an expert in handwriting, of 68, Holborn Viaduct—I have had before me letter 10 and the transfer at the back of certificate No. 3—the signature "J. Keane" on the transfer, to the best of ray belief, is not in the same writing as the signature "James Keane" on letter 10; I believe it to be in the same writing as the name of the attesting witness on transfer 3; there is a similarity in the signa
<lb/>tures, to the best of my judgment—I have studied the character of Mr. Keane's writing and that of the defendant, H. E. Tatham, and find characteristics of Mr. Keane's writing in the signature of the attesting witness.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GILL</hi>. The material I had was these two letters in Mr. Keane's handwriting—T did not hear him give his evidence, and know nothing about the case; the Treasury are prosecuting—I also had lots of letters, and letters from other people—I saw no other transfer—Mr. Keane's writing is not that of an uneducated man, but I do not consider it good writing; I have seen worse by educated men—it begins with a small "i" for "1."(
<hi rend="italic">The witness pointed out the similarities in the different documents, and the</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">compared them.</hi>) I can trace a simi larity between the "Yours truly, J. Keane,' and the "J's" on the other paper, and in several of them—I have said, "The genuine signature is in a straight line"—I give that as one of my reasons; I had not then seen any of those which are written straight on—this one
<hi rend="italic">produced</hi>) runs up hill very much, and this other has an upward tendency—I attach im
<xptr type="pageFacsimile" doc="189612140019"/>
<p>to the reasons I give—even I am liable to mistakes—there have been cases where there have been marked different opinions—the fact of seeing these signatures does not influence my judgment now I look at them—I have said, "I find the elder defendant always writes in an ascending line" and the genuine one is in a straight line.</p>
<hi rend="italic">Re-examined.</hi> The elder prisoner's writing has a tendency to slope up towards the end of the signature—there is a great contrast between the thick and the thin strokes, but both the up and the down strokes are heavy—it is what I call a thick writing; he always makes a little loop at the bottom of the "t" to make the "a"—Mr. Keane does not, as an in
<lb/>variable character, bring his "J" below the line, but there is a similarity between the "J's" which go below the line, and those which go to it—part of the "E" where it bends over is very much thickened, and in the letter "a" the first down stroke shows thickness in the writing—I do not find it in Mr. Keane's writing, and I do find it in Mr. Tatham's writing, according to the material there before me—I cannot express an opinion without having an opportunity of examining it: I can tell you to-morrow—I find at the bottom of the "J" in the disputed signature a kind of loop which I also notice in the other writing.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-99" type="witnessName">
<interp inst="t18961214-name-99" type="gender" value="female"/>
<interp inst="t18961214-name-99" type="surname" value="CLEAVER"/>
<interp inst="t18961214-name-99" type="given" value="ANN MART"/>ANN MART CLEAVER</persName> </hi>. I live at Roseville Road, Fulham—in June, 1892, I instructed Messrs. Tatham to buy for me £300 worth of Havana bonds—I kept them till May, 1893, when there was a burglary, and I got a little nervous about them, and took them to the elder Mr. Tatham, and handed them to him for safe custody—he gave me these receipts, 2337, 2338 and 2341—I received the dividends up to January, 1896, from Messrs. Tatham by postal order—on January 15th, 1896, I got this letter, "All coupons a little later; we hope to send them out in a few days for collection"—the dividends were paid half-yearly, and I got them regularly up to July, 1895—I did not get my bonds after the failure; I never gave H. E. Tatham any authority to deal with them, and had no knowledge of their being so dealt with till after the failure.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. The letter I received on January 15th was written by H. E. Tatham—it does not seem that all the letters I received are in the same writing as this one, but I may make a mistake—they were all signed like this.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-100" type="witnessName">
<interp inst="t18961214-name-100" type="gender" value="male"/>
<interp inst="t18961214-name-100" type="surname" value="TATHAM"/>
<interp inst="t18961214-name-100" type="given" value="HERBERT FRANCIS WILLIAM"/>HERBERT FRANCIS WILLIAM TATHAM</persName> </hi>. I am assistant master at Eton—I produce two £100 Havana bonds, 2337 and 2338, which I purchased with other securities from the firm of H. E. Tatham and Co. on February 1st, 1893, paying for them by this cheque on Coutts, which has been en
<lb/>dorsed and paid by them—the bonds were afterwards handed to Messrs. Coutts to keep safely for me—the first dividend I got was in July, 1893, but I have only put down, "Received from H. E. Tatham and Co."—it was paid straight to my bank.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. My negotiations went through Mr. Henry Tatham; the order is to H. E. Tatham, Esq.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-101" type="witnessName">
<interp inst="t18961214-name-101" type="gender" value="female"/>
<interp inst="t18961214-name-101" type="surname" value="WHITEHEAD"/>
<interp inst="t18961214-name-101" type="given" value="CLARISSA"/>CLARISSA WHITEHEAD</persName> </hi>. I live at 4, Albion Terrace Road, Paddington—in July, 1888, I purchased, through Messrs. Tatham and Co., one Havana Railway bond—this is the bought note. (
<hi rend="italic">Dated July 30th,</hi> 1888,
<hi rend="italic">E. Tatham, brokers.</hi>) They kept the bond for me—in February, 1891, I became ill, and this receipt was given me for the bond, which he held.</p>
<xptr type="pageFacsimile" doc="189612140022"/>
<hi rend="italic">Dated December,</hi> 1891.) In August, 1893, I got Havana bond 2341 from Mrs. Tatham; I used to work for her—she lived at Teddington.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. It was the elder Mr. Tatham who gave me the receipt; I asked for it; it bore his signature, and I received the bond at his house—I did not know Mr. Gerald Tatham in the matter.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-102" type="witnessName">
<interp inst="t18961214-name-102" type="gender" value="male"/>
<interp inst="t18961214-name-102" type="surname" value="MAPLESTON"/>
<interp inst="t18961214-name-102" type="given" value="WALTER FREDERICK"/>WALTER FREDERICK MAPLESTON</persName> </hi>. I am a chartered accountant—my partner, Mr. Keefe, is acting as trustee of the defendants' firm—the books are in our hands; I have been through them personally—in ledger A to L, under the account of Miss A. M. Cleaver, I find a purchase of £300 Havana Bonds in June, 1892—there is a similar entry in a book, called the box-book of the same date—there is a book called the box-book, which shows Nos. 2237, 2238 and 2441 bonds, bought for Miss Cleaver, and entered in the journal and ledger—on July 29th, 1892, here is an entry in the index-book of 300 Havana bonds, 2337, 2338 and 2341, taken out of the box for Miss Cleaver; and in ledger M to G there is Miss Whitehead's account showing a purchase on July 3rd, 1888, of one Havana bond, credited to her up to April, 1895—No. 2374 is the bond standing in Miss White-head's name in the old book; it shows that that was converted into a railway bond, and became 2341—on September, 1893, there is an order showing that No. 2341 was sent to Miss Whitehead—there is no entry in the book that two of those bonds were sent to Mr. Tatham.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. I have had all the books, and investigated them—this was a very large business; the turn-over might have been two millions a year.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-103" type="witnessName">
<interp inst="t18961214-name-103" type="gender" value="male"/>
<interp inst="t18961214-name-103" type="surname" value="BOXER"/>
<interp inst="t18961214-name-103" type="given" value="PERCY"/>PERCY BOXER</persName> </hi>. I am a clerk at Messrs. Coutts' bank—Mr. Tatham, of Eton College, banks there—we received two Havana bonds from him, and held them for him.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-104" type="witnessName">
<interp inst="t18961214-name-104" type="gender" value="female"/>
<interp inst="t18961214-name-104" type="surname" value="WERGE"/>
<interp inst="t18961214-name-104" type="given" value="ALICE MARGARET"/>ALICE MARGARET WERGE</persName> </hi>. I live at Malvern Wells—on the death of my mother, in 1891, I became entitled to 100 shares in the Pennsylvania Railway Company, and in November, 1892, I instructed H. E. Tatham and Co., as my brokers, to get those shares transferred into my name, and received this transfer note, No. 62, signed "H. E. Tatham"—on Decem
<lb/>ber 13th, 1893, I received a letter enclosing the dividend on the Pennsyl
<lb/>vanian shares—I left the certificate for those shares in their hands for safe custody, and they used from time to time to send me the dividends on them by their own cheque in June and December, up to and including December, 1895—about May, 1893, a bonus was declared on those shares, and I received from Tatham and Co. document 65, which contained a form for me to sign, whether I preferred to have the bonus in cash or an additional share; I signed the form deciding to take it in shares, but Mr. Tatham sent it me in cash, £20; when I received that form a certi
<lb/>ficate for my 100 Pennsylvanian shares was enclosed (
<hi rend="italic">Signed "H. E. T."</hi>), and certificates for other shares—I do not think there were five, or that there was a printed form on the back—I never authorised either of them to sell or transfer any of those shares: I was quite satisfied with the investment—I never heard him tell, after this failure, that he had dealt with or transferred any of those shares—hearing of the failure, I wrote a letter of sympathy with Mr. Tatham; he has been our broker for three generations—I got a reply, and wrote on</p>
<xptr type="pageFacsimile" doc="189612140023"/>
<p>February 3rd, asking for particulars about my certificates, but received no answer—in June, 1896, I received another letter from Mr. H. E. Tatham, and wrote this letter to the Official Receiver, making inquiries about my shares—I do not know whose writing this "Sold by pledger" across the face of it is—I do not know the younger defendant's writing.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. All my letters were to Mr. H. E. Tatham, and the replies came from him—I have never seen Mr. Gerald before.</p>
<hi rend="smallCaps">W. F. MAPLESTON</hi> (
<hi rend="italic">Re-examined</hi>). I examined the defendants' books to trace Miss Werge's securities, and found in the American registration book five certificates of twenty shares each, in Miss Werge's name, as having been sent to her on May 15th, 1893; they are numbered in the book 43701 to 43706, and the dividends are credited to her in the ledger up to December, 1895.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-105" type="witnessName">
<interp inst="t18961214-name-105" type="gender" value="male"/>
<interp inst="t18961214-name-105" type="surname" value="FOX"/>
<interp inst="t18961214-name-105" type="given" value="THOMAS"/>THOMAS FOX</persName> </hi>. I live at 55, Barman Street, Russell Square, and am the nephew of Miss Ellen Toplis; she died before this case began.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-106" type="witnessName">
<interp inst="t18961214-name-106" type="gender" value="male"/>
<interp inst="t18961214-name-106" type="surname" value="EGAN"/>
<interp inst="t18961214-name-106" type="given" value="JOHN"/>JOHN EGAN</persName> </hi> (
<hi rend="italic">Police Inspector</hi>). I was present at Guildhall, before the Alderman, when Miss E. Toplis was examined—the prisoner had the opportunity of cross-examining her—her evidence was read over to her, And she signed it. (
<hi rend="italic">The deposition of Ellen Toplis was here read, in which she narrated the purchase of shares and depositing them with Messrs. Tatham for safety</hi>).</p>
<hi rend="smallCaps">W. F. MAPLESTON</hi> (
<hi rend="italic">Re-examined</hi>). In the ledger account of Miss "Toplis I find entries of New South Wales bonds up to July, 1895—I find no entries of the bonds in the box-book, or anywhere at all; there is no record in the books.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-107" type="witnessName">
<interp inst="t18961214-name-107" type="gender" value="male"/>
<interp inst="t18961214-name-107" type="surname" value="BODLEY"/>
<interp inst="t18961214-name-107" type="given" value="GORDON HAYDON"/>GORDON HAYDON BODLEY</persName> </hi>. I am chief accountant to Armstrong and Co., bankers, of Bishopsgate Street Within—I know the defendants' firm—they opened a loan account with us on September 16th, 1895—I saw the younger defendant in reference to it at the bank, and agreed to advance £1,000 on certain securities till the next account day; documents were deposited with me, and the advance was made—among the securities were Pennsylvanian Railway shares and some rupee paper; Mr. Gerald Tatham brought them—the loan was not paid off at the next account; it was renewed—particulars were taken of the numbers of the shares and securities deposited—I produce extracts from the books showing the numbers, and among others I find a certificate numbered 437016 of Pennsylvania Railway shares, and two New South Wales bonds 30013 and 30014—I also had £200 worth of bonds of the United Railway, and ten shares in the Illinois Central Railroad—he only brought two certificates on December 2nd, the Pennsylvania and the rupee paper—the total amount I advanced was £3,000, £2,000 of which I advanced on December 31st, 1895, and the agreement for the advance is dated December 31st—among the securities deposited for a further advance was £377 8s. 8d. Spanish Three per Cent, bonds up to January 5th—nothing was shown, and no question was asked as to who they belonged to. (
<hi rend="italic">The agreement was to Messrs. Armstrong and Co., stating that in consideration of their advancing</hi> £2,000,
<hi rend="italic">certain securities were deposited, and that in the event of the markets declining, additional securities would be given, with liberty to borrow on the securities.</hi>) That bears the signature of the firm, but I do not know the writing.</p>
<xptr type="pageFacsimile" doc="189612140024"/>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. E. Tatham came on the first occasion and deposited two securities; they were realised from time to time—on October 10th ten of the seventy were taken away, and 2,000 rupees, but no others—that is a very common practice—the documents pledged did not indicate to whom they belonged; they were all to bearer.</p>
<hi rend="italic">Re-examined</hi>. I do not suggest that it is a common practice to borrow money on other people's securities—I did not ask any question; I thought they were the private property of the firm—if I had thought they were the private property of any other person I would not have made the advance.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-108" type="witnessName">
<interp inst="t18961214-name-108" type="gender" value="male"/>
<interp inst="t18961214-name-108" type="surname" value="KEENE"/>
<interp inst="t18961214-name-108" type="given" value="ALFRED VALENTINE"/>ALFRED VALENTINE KEENE</persName> </hi> (
<hi rend="italic">Re-examined</hi>). The signature, "H. E. Tat
<lb/>ham and Co.," to this list of securities deposited with Armstrong and Co., is Mr. Gerald's, and this list of securities at the bottom is his writing, too.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDOE</hi>. I do not remember having taken securities to the bank to leave on loan, but I cannot swear.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-109" type="witnessName">
<interp inst="t18961214-name-109" type="gender" value="male"/>
<interp inst="t18961214-name-109" type="surname" value="ALLEN"/>
<interp inst="t18961214-name-109" type="given" value="FRANCIS"/>FRANCIS ALLEN</persName> </hi>. I am a member of the Bar, and live at 42, Duke Street, St. James's—I am the petitioning creditor in this bankruptcy—I employed the firm as brokers for about two years—on January 21st, 1895, I asked them to purchase for me £2,500 London and North-Western stock, and got this bought note, showing the price of stock £1,800 with expenses—it is signed "H. E. Tatham and Co., brokers"—I had also this letter from him. (
<hi rend="italic">Stating that he had just purchased</hi> 100
<hi rend="italic">New West Brewery shares</hi>, £2,500
<hi rend="italic">London and South-Western, and</hi> 1,000
<hi rend="italic">Beira Debentures, and was obliged to purchase them for cash.</hi>) On January 26th, 1895, I got this list of securities bought for me, and the price of each, 2,500 South Western Deferred, etc., showing a total due from me of £6,392 4s. 6d., and I enclosed this cheque in a letter addressed to H. E. Tatham and Co., which has been paid by my bank—I did not get delivery of the stock; I got this letter of April 5th, 1895, from H. E. Tatham, referring to other securities which I was selling—on June 10th I got this exhibit: "Dear Sir,—Your note to hand. We must regret the delay in the delivery of the South-Western, but it was only purchased with the proviso not to press the delivery"—I had written one or two letters before I got that—I was inquiring about it up to the end of the year, and got this letter from H. E. Tatham. (
<hi rend="italic">Stating that he had written to the Smith-Western Railway Company, and hoped to send the stock without delay</hi>.) I did not get the stock up to the failure, or since.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. From first to last I had no dealings with the younger prisoner; I did my business with the father.</p>
<hi rend="smallCaps">ALFRED</hi> V.
<hi rend="smallCaps">KEENE</hi> (
<hi rend="italic">Re-examined</hi>). This bought note of Mr. Allen's South-Western stock is signed by Gerald Tatham, and this sold note for Mr. Keane, £119 of Spanish bonds, is signed by Gerald Tatham in the name of the firm—this bought note for Mr. Francis Eustace Burke for railway shares is signed by Gerald, and so is this bought note for £100 Havana bonds for Miss Whitehead.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. Gerald Tatham was the member of the firm who transacted all the business, but he would not necessarily sign the bought and sold notes; they might be signed by Mr. Henry—it might be taken in as letters, without one partner, and without the other.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-110" type="witnessName">
<interp inst="t18961214-name-110" type="gender" value="male"/>
<interp inst="t18961214-name-110" type="surname" value="HERBERT"/>
<interp inst="t18961214-name-110" type="given" value="ALFRED"/>ALFRED HERBERT</persName> </hi>. I am a jobber on the Stock Exchange, and a partner in the firm of Herbert Brothers—on January 21st, 1895, I sold Messrs.</p>
<xptr type="pageFacsimile" doc="189612140025"/>
<p>H. E. Tatham 2,500 Deferred stock, price £1,800; 72 per cent, for the account of January 30th—there was no privacy, and no bargain that the delivery of the stock should not be taken—on January 28th one of the Tathams arranged with me that the stock should be carried over, and they carried it over every account till the time of their being
<hi rend="italic">hammered</hi>—they had to pay contango for that—it was a net loss out of their pockets of £108, in deficiency of contango—it is not true that they had given notice to me to deliver the stock on the Thursday after January 29th; they never gave me notice to deliver it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. All my transactions were with Mr. Gerald.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-111" type="witnessName">
<interp inst="t18961214-name-111" type="gender" value="male"/>
<interp inst="t18961214-name-111" type="surname" value="MAPLESTON"/>
<interp inst="t18961214-name-111" type="given" value="WALTER FREDERICK"/>WALTER FREDERICK MAPLESTON</persName> </hi> (
<hi rend="italic">Re-examined</hi>). In the bargains book, under date January 21st, 1895, I find 2,500 London sad South-Western Railway Deferred stock, purchased for £1,800, for Francis Allen, and that stock was carried over on the various settling days up to January 16th, 1896; it was not taken up then—during that time the defendants paid £426 11s. 2d. for differences and contangoes, and they would be entitled to receive for differences £240 12s. 6d. during that period, leav
<lb/>ing a loss of £185 18s. 8d., caused by the repeated carryings over—I am trustee to the bankrupt, and, with my partner, I have made a complete and thorough examination of these books—I should say the firm became in-solvent seven years ago at least—a balance-sheet was made out at the end of each month, and they continued to show a balance on the wrong side during all the seven years—that was a thing which would be apparent to both partners—they would be aware of a loss during the last seven years—without about £60,000 borrowed from an elder brother, the business could not have gone on—under date of March 8th, 1895, I found in the bargains book a sale of £119 0s. 9d. Spanish stock for 77 1/4 on account of James Keane—there is no jobber's name; it was no actual transaction in the market—the entry is in H. E. Tatham's writing—on March 8th, 1895, there is an entry in Keane's ledger account, bringing the amount to his credit—the entry is made in the ordinary way in the bargains book—there are two similar entries, where no job
<lb/>bers' names; appear, in the course of the year—they are posted into the journal, and then into the ledger—the journal is in the writing of one of the clerks.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-112" type="witnessName">
<interp inst="t18961214-name-112" type="gender" value="male"/>
<interp inst="t18961214-name-112" type="surname" value="TEAGE"/>
<interp inst="t18961214-name-112" type="given" value="WILLIAM ROOP"/>WILLIAM ROOP TEAGE</persName> </hi>. I live at 8, West Chapel Street, Mayfair—I have had dealings with H. E. Tatham and Co.—on May 8th, 1895, I wrote this letter to them. (
<hi rend="italic">Instructing them to buy</hi> £500
<hi rend="italic">Illinois Central at</hi> 95 1/4.) I got a reply, and afterwards wrote this letter. (
<hi rend="italic">Saying that he could take thirty at once, and would give a definite answer as to the other twenty the next day</hi>) I went to their office the next day, saw the elder prisoner, and authorised him to buy fifty shares—I got this contract note, showing that the price of the fifty shares was £966 6s.—the total amount owing by me on that contract note was £1,340 7s.—I sent this cheque for that amount, payable to H. E. Tatham and Co., enclosed in this letter—the cheque is endorsed "H. E. Tatham and Co.," and has been paid by my bank—I had had previous transactions with the firm, and it was their practice on my instructions to lodge securities coming into their hands on my behalf with the Union Bank, Fenchurch Street, and dividends on such securities were paid to my credit at the bank—I wrote this letter.</p>
<xptr type="pageFacsimile" doc="189612140026"/>
<hi rend="italic">Stating that lie presumed that the Illinois Share warrants had been Lodged at hit bank, and asking wither the company had been advised to pay the dividend to his account.</hi>) I received a letter enclosing a form of advice to the company—I returned that signed; but it was informal, and they sent me another, which I filled up correctly—the first dividend on these shares became due in September—my bank received the dividend on thirty shares; thirty shares were lodged, but not take remaining twenty—I went to the prisoners' office about those twenty shares; I never recollect seeing anybody but the elder prisoner in connection with this matter—I was put off with excuses from time to time, and never received the certificates for the twenty—after the prisoners' failure I consulted my solicitor, and proved in the bankruptcy for £397, as being the value of the shares.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. I never had any dealings with the younger prisoner—I believe the signatures are all the same.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-113" type="witnessName">
<interp inst="t18961214-name-113" type="gender" value="male"/>
<interp inst="t18961214-name-113" type="surname" value="PARRY"/>
<interp inst="t18961214-name-113" type="given" value="THOMAS WILLIAM"/>THOMAS WILLIAM PARRY</persName> </hi>. I am a clerk in the Union Bank, Fenchurch Street—Mr. Teage is a customer—on August 13th, 1895, I received this letter (54), enclosing thirty Illinois Central Railway shares for Mr. Teage—I produced a certified extract from the bank-book, showing the securities were received on August 13th, and placed to Mr. Teage's credit—I have received no others.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-114" type="witnessName">
<interp inst="t18961214-name-114" type="gender" value="male"/>
<interp inst="t18961214-name-114" type="surname" value="MAPLESTON"/>
<interp inst="t18961214-name-114" type="given" value="WILLIAM FREDERICK"/>WILLIAM FREDERICK MAPLESTON</persName> </hi>. I find an entry in the bargains book showing that on May 5th, 1895, the prisoners' firm bought for Mr. Teage fifty Illinois Central Railway shares—that entry is transferred into the ledger account of Teage—under date June 12th, 1895, I find by the numbers book the firm received thirty Illinois Central Railway shares, 84601, 83248 and 83249—I find in the American share book those shares registered in the name of Teage—I find no record of any additional twenty shares in the company—the firm bought fifty shares on the market, but they only took up and paid the jobber for thirty; the other twenty would be can
<lb/>called in the ordinary course, I take it—only thirty were contracted and paid for.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-115" type="witnessName">
<interp inst="t18961214-name-115" type="gender" value="male"/>
<interp inst="t18961214-name-115" type="surname" value="BURKE"/>
<interp inst="t18961214-name-115" type="given" value="WALTER GEORGE"/>WALTER ST. GEORGE BURKE</persName> </hi>. I live at Auberies, Sudbury, Suffolk—for a number of years I employed H. E. Tatham and Co. as my bickers—on August 24th, 1895, I wrote this letter to them (28). (
<hi rend="italic">Asking Tatham and Co. to buy</hi> £2,000
<hi rend="italic">Pennsylvania Railway shares</hi>.) On August 28th, 1895, I received this bought note, showing 178 Pennsylvania Railway shares bought at 55 11/16 dollars, which, with fees, etc., came to £2,000 6s. 6d.—I sent them a cheque for £2,000 6s. 6d., drawn, as far as I recollect, to H. E. Tatham and Co.; it afterwards came back through my bank, can-celled—I did not receive any certificates for those shares up to October 15th—Tatham and Co. were in the habit of sending certificates to me or my brother—I wrote on October 15th, saying that I hoped the Pennsyl
<lb/>vania Railway share certificates would be sent before long—on December 2nd I received this letter from the elder prisoner (32). (
<hi rend="italic">This stated that the shares were very scarce, and he had only been able to get some.</hi>) Shortly before December 18th, 1895, I instructed Tatham and Co. to purchase 400 Imperial Continental Gas stock—this is the bought note I received from them, dated December 18th, for 400 Imperial Continental Gas stock, £947—I wrote on December 19th, enclosing a cheque for £956 13s. 6d., being the price of the stock and fees, and commission, and</p>
<xptr type="pageFacsimile" doc="189612140027"/>
<p>I received this acknowledgment of it—on February 3rd, 1896, I received 260 of the Gas stock, but not from the prisoners; I had the transfers, and as soon as I heard of this case I sent them to my solicitors, and they got them for me after the failure—I also got seventy more, making 330 of the 400 I had purchased—I have never had the balance of seventy—I proved in the bankruptcy for about £167 in respect of that stock—I got no Pennsylvania shares—my cheque for £956 13s. 6d. was paid by my bank and returned to me—I received transfers for the Pennsylvania shares, and I executed those and sent them to my brother, Mr. Francis Burke, and I believe they were executed by him and returned to Tutham and Co.—they were bought in my and my brother's names.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. I received the transfers for 110 and 150 shares on January 3rd, and another transfer on February 15th—I addressed my letter to Mr. Tatham personally; he addressed me as "Dear Colonel Burke"—I never saw the younger prisoner in my life, so far as I know.</p>
<hi rend="italic">Re-examined</hi>. To the best of my recollection the transfers of the Pennsylvania shares were on ordinary forms like this, such as you would buy at a law stationer's, I suppose—my total loss is £2,700 odd—I proved in the bankruptcy for the Pennsylvania as well as the £167.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-116" type="witnessName">
<interp inst="t18961214-name-116" type="gender" value="male"/>
<interp inst="t18961214-name-116" type="surname" value="WALLIS"/>
<interp inst="t18961214-name-116" type="given" value="CHRISTOPHER HENRY"/>CHRISTOPHER HENRY WALLIS</persName> </hi>. I am a clerk to Pot and Co., stock
<lb/>jobbers, of Throgmorton Street—on August 27th, 1895, Messrs. Tatham bought of us 180 Pennsylvania Railway shares for the September 12th account—I have the entry in this book—at that time, also, ninety similar shares were carried over from the last account, making 270 shares in all—those, and other of the same shares, making in all 350, were carried over on September 12th, and up to the December 30th account—we then closed the account; Messrs. Tatham gave us a name for them, which we passed on.</p>
<hi rend="smallCaps">W. F. MAPLESTON</hi> (
<hi rend="italic">Re-examined</hi>). I find by the bargains book that the prisoners' firm bought on August 7th, 1895, 178 Pennsylvania shares for Colonel Burke and another, from Messrs. Pot—a cheque for £2,000 6s. 6d. is credited to Colonel Burke in the books—I find, turning to Messrs. Potts' account in the books on August 27th, a purchase from them of 178 Pennsylvania shares—on September 10th it appears that those shares, with others, making 350 in all, were carried over then, and from account to account till December 30th, 1895, when the transaction was closed; the shares were not taken off the market—I find in the bar
<lb/>gains book on December 18th, 1895, a purchase by the prisoners' firm of 400 Imperial Continental Gas Stock for Colonel Burke—they were not taken up except to the extent of 330—I got that from the registra
<lb/>tion book—330 were registered in Colonel Burke's name—I cannot find from the books how much of that stock was taken up; the bankrupts had several dealings in that stock with a jobber, and I cannot separate it.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-117" type="witnessName">
<interp inst="t18961214-name-117" type="gender" value="male"/>
<interp inst="t18961214-name-117" type="surname" value="JERVOISE"/>
<interp inst="t18961214-name-117" type="given" value="COLONEL JOHN PDREFOY"/>COLONEL JOHN PDREFOY JERVOISE</persName> </hi>. I am bursar of Keble College, Oxford, and live there—the prisoners' firm have been employed as brokers for that college—on November 21st, 1895, I wrote this letter (36). (
<hi rend="italic">Asking Messrs. Tatham to sell</hi> £3,859
<hi rend="italic">India Three per Cent, stock.</hi>) A little later the same day I wrote this letter (37). (
<hi rend="italic">Asking them to sell out only</hi> £3,600.) Next day I received this letter from Messrs. Tatham. (
<hi rend="italic">Stating that the second letter had come too late to fix the amount of the</hi> </p>
<xptr type="pageFacsimile" doc="189612140028"/>
<hi rend="italic">power of attorney, which was taken out for the whole sum; that they had sold</hi> £2,385
<hi rend="italic">at</hi> 106 1/2,
<hi rend="italic">but could not at present get on with the remainder.</hi>) On November 25th I wrote this letter, enclosing the power of attorney, which was to sell £3,859 of the stock, and explaining that I only wanted £3,459 14s. 6d. to be sold—I received this letter, signed "H. E. Tatham," enclosing the sale note of £3,459 19s. 6d. India Three per Cent. stock, realising £3,684, dated November 22nd, and this letter of December 7th—I waited, without receiving the draft as promised, till December 26th, 1895, and then wrote this letter. (
<hi rend="italic">Stating that he had been expecting to hear about the money realised by the sale of the stock.</hi>) I got this answer. (
<hi rend="italic">Stating that he might rely on a draft on Monday next</hi>.) I did not get the draft—on January 1st I went to the prisoners' office, but, as it was a holiday, the office was closed—I went again next day, and saw the elder prisoner—I asked him the cause of the delay, and he said the money would be sent in a few days' time; there was some difficulty in completing the sale—he said the draft should be sent on January 7th—I did not get it then—on January 9th or 10th I called and saw him again—some further excuses were made, and he promised to send the draft on the 14th—I did not get it on the 14th, and I sent this telegram on January 20th, addressed "Tatham, 3, Tokenhouse Buildings. Have heard nothing of Kehle College 4,000 India stock. Please write to me to-day, at 94, Piccadilly, stating fully cause of delay, and when sale will be completed "—I received this letter (47) in answer. (
<hi rend="italic">Regretting that no definite information could be given then, but stating that their accounts were being fully investigated by their solicitors.</hi>) The body of that letter is in one writing, and the signature in another—I have never received the proceeds of the sale of those India Three per Cents.—on behalf of the College I have proved in the bankruptcy for the amount—it represents a loss to the College of £3,684 17s. 6d.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-118" type="witnessName">
<interp inst="t18961214-name-118" type="gender" value="male"/>
<interp inst="t18961214-name-118" type="surname" value="KEENE"/>
<interp inst="t18961214-name-118" type="given" value="ALFRED VALENTINE"/>ALFRED VALENTINE KEENE</persName> </hi> (
<hi rend="italic">Re-examined</hi>). The body of this letter (47) is in Gerald Tatham's writing, and the signature in H. E. Tatham's.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. I believe it was written after the prisoners had been declared defaulters.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-119" type="witnessName">
<interp inst="t18961214-name-119" type="gender" value="male"/>
<interp inst="t18961214-name-119" type="surname" value="DORLING"/>
<interp inst="t18961214-name-119" type="given" value="WALTER"/>WALTER DORLING</persName> </hi>. I am a member of the firm of Webber and Dorling, stock-jobbers, of 7, Copthall Court—on November 7th, 1895, I purchased from H. E. Tatham and Co. £3,459 19s. 6d. Three per Cent. India Stock for £3,684 17s. 6d.—on 27th November I paid that, with other moneys, for other matters, by this open cheque for £5,733 12s. 6d. to the prisoners' firm, made payable to H. E. Tatham and Co.—it was paid into their account at Glyn's; it is crossed "Glyn and Co."—it is drawn on our bank, Prescott's.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-120" type="witnessName">
<interp inst="t18961214-name-120" type="gender" value="male"/>
<interp inst="t18961214-name-120" type="surname" value="LATTER"/>
<interp inst="t18961214-name-120" type="given" value="CHARLES NORTHCOTE"/>CHARLES NORTHCOTE LATTER</persName> </hi>. I am in the Accountant's Department of the Bank of England—under this power of attorney, which has been identified by Colonel Jervoise, the stock was transferred on November 27th, 1895.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-121" type="witnessName">
<interp inst="t18961214-name-121" type="gender" value="male"/>
<interp inst="t18961214-name-121" type="surname" value="DORLING"/>
<interp inst="t18961214-name-121" type="given" value="WALTER"/>WALTER DORLING</persName> </hi> (
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>). I am a member of the Stock Exchange—I have had many business transactions with Gerald Tatham on the Stock Exchange, where, as a rule, he repre
<lb/>sented Tatham and Co.—I have always looked on him as an honest man.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-122" type="witnessName">
<interp inst="t18961214-name-122" type="gender" value="male"/>
<interp inst="t18961214-name-122" type="surname" value="HARVEY"/>
<interp inst="t18961214-name-122" type="given" value="ALFRED SPALDING"/>ALFRED SPALDING HARVEY</persName> </hi>. I am secretary to Glyn, Mills, Currie</p>
<xptr type="pageFacsimile" doc="189612140029"/>
<p>and Co., bankers, of Lombard Street—this is the certificate that we have complied with the law—Messrs. Tatham have banked with us since 1864;. before that they banked with Messrs. Currie, who joined us in 1864—on August 29th, 1895, Colonel Burkes cheque for £2,000 6s. 6d. was paid in to their account—on December 20th, 1895, Colonel Burke's second cheque for £956 13s. 6d. was also paid in, according to this slip—on May, 10th, 1895, a cheque for £1,340 7s. on the Union Bank, Fenchurch Street branch,' was paid in—on November 27th, 1895, a cheque for £5,733 12s. 6d., drawn on Prescott's bank, was paid in—on January 28th, 1895, a cheque for £6,392 4s. 6d. on the London and County Bank, Oxford, was paid in—in addition to the ordinary current account, Messrs. Tatham had for many years a loan account, carried on from account to account—it might be closed, and then, revived—securities were always deposited as against advances made by the bank—they would be withdrawn from time to time, and others sub
<lb/>stituted—the sums advanced by the bank would be placed to the credit of the current account, and the debit of the loan account—at the time of the failure we held a number of securities against the-loan account then running—the amount of the loan then was £7,500—this document (59). is a list of the securities held by us against a loan of £5,000 in Novem
<lb/>ber, 1895—among others on that list there are Illinois Central, New York Central, and Pennsylvania—that list would be presented a day or two before, or on the morning of the periodical settlements, by the borrower, when the loan was renewed from time to time—we have an agreement with all brokers with whom we deal now; but Messrs. Tatham having come over to us from Currie's, I cannot find one with them; there must have been one when they originally borrowed from Currie's,. but I cannot find they entered into the ordinary agreement with us—I could not swear to the writing on the list—I generally saw the younger prisoner with reference to the advances on settling days; he would come to the discount office, which is practically part of the partners' room, and express his wish to go on with the loan, or pay it off, and it would be settled verbally—the securities would be brought with the list; it is really a memorandum of deposit—we should have made no difficulty in increasing the loan account if additional securities had been deposited—this is the list (No. 60), showing the securities we held at the date of the failure; it includes Pennsylvania, Illinois Central, New York Central, and Havana Railway—this list was made out at the bank; I went through the securities, and put them down—upon the failure the—securities were sold by us to realise the advances, and there was a surplus, after doing so, and discharging the loan and interest, of £122 13s. 1d.—on the morning of December 30th, 1895, the current account stood in credit £9.997 15s.—I believe that was on account day—in the evening the credit balance had sunk to £1,062—the balance on the morning of January 1st was £831, the balance on the morning of January 14th was £1,362 10s., and that, with £122 the margin, after paying off the loan and interest, made £1,485.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GILL</hi>. I have known the elder prisoner for some years; he has been known at Glyn's since 1864, but at Currie's long before that; I do not know the date of his opening the account there, but a very long time ago—I should think he had had an account</p>
<xptr type="pageFacsimile" doc="189612140030"/>
<p>there for something like fifty years—my own memory goes back to 1880—it was a very large stockbroker's business, with a large turn-over for a thoroughly good investment business, which it was—it would not be a large turn-over for a speculative business—it was an account that was invariably in credit; I should say that, as a rule, the average balance was over £2,000—it is ridiculous to suppose that we should not have cashed his cheque for £200 at once—I should not be surprised to hear that in March, 1895, his balance was £10,000—I know he had a partner, Robinson—we understood from the elder prisoner that he got rid of his partner, Robinson, in 1892, in consequence of Robinson having embarked in large speculations, and we heard rumours that Robinson had intro
<lb/>duced business by which large debts had been incurred—Mr. Bertram Currie, in consequence of rumors as to the solvency of the firm, sent for the elder prisoner, who explained matters, and from that time Mr. Robinson was out of the firm—I was not present at the conversation, but that is what I understood.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LOND COLERIDGE</hi>. The younger prisoner came to the bank from time to time, bringing securities on the loan account—it is a constant practice for stockbrokers to have loan accounts and deposit securities as against loans; there is nothing unusual in the transaction, supposing the securities belong to the firm.</p>
<hi rend="italic">Re-examined</hi>. I think the elder prisoner's interview with Mr. Currie was in 1892—the interview was sought for the purpose of ascertaining something about the firm's solvency—the interview was satisfactory—the account went on just the same after the interview—if it had been represented to us in 1892 that the firm was insolvent, we should probably have taken some other action.</p>
<hi rend="smallCaps">A. V. KEENE</hi> (
<hi rend="italic">Re-examined</hi>). The body of this list (59) of securities left with Messrs. Glyn on November 13th, 1895, is in the younger prisoner's writing.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. I see one item is 1,400 United Railway of Havana.</p>
<hi rend="italic">Re-examined</hi>. There are also a number of Pennsylvania shares.</p>
<hi rend="smallCaps">W. F. MAPLESTON</hi> (
<hi rend="italic">Re examined</hi>). There is no entry of the sale of Keane's ten New York Central Railway shares in any book, except the American share book—if the transaction had been an ordinary sale on behalf of a client, there would have been entries in the bargains book, day book and ledger.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. Those other books were kept by a clerk—I believe the younger prisoner joined at one time as a salaried partner; I have not examined the books so far back as that—I have seen balance-sheets as far back as 1887, I think, but I have not examined them thoroughly—I have not seen an entry of his salary—I believe Robin
<lb/>son retired in 1892-93—so far as I have seen, the younger prisoner brought no money into the business, but he was debited on his entering into part
<lb/>nership with about £4,000—I have not discovered any deed of partnership—the debit was treated as an advance by the younger prisoner to the busi
<lb/>ness, and I believe compound interest was charged upon the advance in his capital account, and at the time of the failure the debit of his capital account had amounted to some £12,000—the books are very complicated, and are not clear; it would be impossible for any other than a skilled per
<xptr type="pageFacsimile" doc="189612140031"/>
<p>to unravel them in some respects—an entry appears in the books of a large private loan to the elder prisoner by his brother, starting in 1863—the principal eventually reached £61,000—it was a private affair between the elder prisoner and his brother—this loan has been a disputed point in the estate; the firm were jointly and severally liable—there was no docu
<lb/>ment showing under what circumstances the money, was originally advanced—it went into the business, and was used by Mr. Tatham in the business—it appears in the books from 1863, I believe—the first personal knowledge of the transaction I have is in 1887, when there is a balance of £29,000 to the credit of Mr. Charles Tatham—when Robinson failed his losses were added to the deficiencies of the firm—I believe there were articles of partnership with Robinson—Mr. Henry was a partner at one time; he went out in 1887, I think; there were articles of partnership with him—there is nothing in the books to identify an advance of £1,000 by the younger prisoner, by way of legacy; I have not come across anything to identify his drawing out as against that £1,000—I have looked for it—his drawings in 1893 amount to £1,538—on June 16th, 1893, I find £300 drawn out, and on July 17th £250—there is no ear-marking of the legacy in the books—in 1894 his drawings amount to £1,270—on May 27th and 28th I find £105 and £100 drawn out—there is no ear-marking of those sums as against the legacy—his drawings in 1895 amounted to £1,076—on April 25th he drew £200; there is no ear-marking of that as against a legacy—after the—bankruptcy the younger prisoner's estate was realised; he had a house and a few shares—he had no creditors', and we have the money, a surplus of over £2,000, I think, in hand—it was hypothecated to the creditors of the business—there was no letter-book containing copies of letters written to customers—I found some letters written by customers—I am told it was the custom of the firm never to copy a letter, and that made investigation into the accounts more difficult—I have seen a few cheques, and most of them were drawn by Henry Tatham; I do not remember to have seen one signed by Gerald Tatham; the same applies to the endorse
<lb/>ments on the few cheques I have seen in Court as received by the firm.</p>
<hi rend="italic">Re-examined</hi>. The receipt of advances on securities belonging to clients would be entered in a separate cash-book kept for the purpose—I have examined it—there is no entry in it of dividends received on Keane's New York shares after March, 1895—the book would not give details of how the amount was made up, but you would see by referring to the ledger account; as the money came in on one day, it would be credited to a client—each item of dividend, as it came in during the day, would be entered in the cash book in detail, showing the name of the client, but not the security—this book, by the help of the ledger, would show that no dividend was received on behalf, of Keane after March, 1895, and that would apply to other bonds, as to which dividends were paid after the bonds had been parted with—the cash books were very carefully kept, and you could trace everything as regards the cash.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GILL</hi>. I nave had since January to ascertain the condition of the prisoner's estate—I find on the books a very large amount of bad debts—there is an indebtedness to the firm by Robinson, the late partner, which, I believe, is assigned to Charles Tatham's estate with other debts and securities—Robinson's liability to the firm was</p>
<xptr type="pageFacsimile" doc="189612140032"/>
<p>about £20,000, I believe—I should think the bad debts due to the firm in respect of transactions they had carried out amounted to, approxi
<lb/>mately, £100,000, or not so much as that—they had been incurred before Robinson left the firm, and had been running on for years—up to the time of the failure money was being paid in respect of some of those debts by the debtors—I thought the names of the debtors were good, but the debts were bad—one debtor owes £7,000—in 1887 a large number of debts were written of—since then they have been carried on as if there was some possibility of them being recovered—some were made within the last three or four years—both those, before and after 1887, were treated as assets—if they amounted to over £100,000, and had been paid, it would have made the firm practically solvent, I should think—I recognise some of the names—I have not been round to see the people and try and get them to pay—there is no question that they are real debts incurred over real transactions—I have not compromised any of them.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. A balance-sheet was made up every month, showing the position of the firm; there was no annual or biennial balance-sheet; these were the only ones—I believe the exact financial state of the business was taken every month—all debts not written off would appear, and they are treated as good debts, worth 20s. in the £—it showed a much better position than the facts would warrant—this month's balance-sheet shows that Mr. H. E. Tatham's balance in May, 1895, was £7,000; that is, after crediting him with the £60,000 borrowed from his brother—those figures would show to anyone who did not understand the posi
<lb/>tion a solvent balance-sheet—the £60,000 does not appear; it had been dealt with previously.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. AVORY</hi>. I have not seen a document with regard to the arrangement made for the purpose of paying off Charles Tatham—when I answered as to what had been done about the £60,000, I spoke from general information obtained in my investigation of the bankrupts' affairs, and different applications that have been made from time to time in connection with these disputed claims—certain documents were put in, but I do not remember seeing an agreement—bad debts, amounting to about £16,000, were written off in 1887—I have the names of the persons—my attention has been called to the debtors' statement of affairs, which they verified, and in which they set out the book debts—they set out there as assets, "book debts, good, £1,132; doubtful, £3,697; bad, £6,861"—Gerald Tatham was debited in the books with about £4,000 as his capital, he not bringing any money into the business, and each year he was debited with compound interest upon that capital and his drawings, and at about the end of 1895 the debit against him was about £12,000; the book was not made up at the time of the bankruptcy.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-123" type="witnessName">
<interp inst="t18961214-name-123" type="gender" value="male"/>
<interp inst="t18961214-name-123" type="surname" value="KNIGHT"/>
<interp inst="t18961214-name-123" type="given" value="JOHN BROUGHTON"/>JOHN BROUGHTON KNIGHT</persName> </hi>. I am an examiner in the department of the Official Receiver in Bankruptcy—under the direction of the Official Receiver I have had conduct of some part of the prisoners' statement of affairs and examination—I have personally inspected the prisoners' books and papers—I have made an investigation, with the books, into the list of unsecured creditors, amounting to £82,651—there are claims In respect of stocks and shares paid for by clients, but not delivered, £15,732—£22,328 represent stocks and shares of</p>
<xptr type="pageFacsimile" doc="189612140033"/>
<p>clients which have been pledged and sold since by the pledgees—£9,935 represents securities of clients sold and the proceeds not accounted for—£501 represents dividends due to clients, but not paid—I find by the books that in the autumn of 1893 the debt of H. E. Tathara to his brother was about £66,000—it appears in the books as the capital of the senior prisoner—he is credited with it in the monthly balance
<lb/>sheets—I was present at the preliminary examination of the prisoners—this paper I either found among the documents, or one of the prisoners handed it to me—it was identified by them both at the preliminary examination as the document which verifies this transaction—the preliminary examination consists of printed questions, supplemented by such other questions as the examiner thinks fit to ask—I do not think there is a note among the answers as to the production of this document; the effect of it is described—the question was, "State shortly the nature of your assets," and upon the point of book debts a long answer, extending over some pages, refers to this document, which is dated September 4th, 1893, and addressed to Mrs. Mary Tatham, the widow of Charles Tatham—she was the committee of the brother at that time. (
<hi rend="italic">The document, in consideration of her forbear
<lb/>ing to commence proceedings against him, charged certain securities and moneys with the repayment of the amount borrowed from Charles Tatham It was signed by H. E. Tatham and Gerald Tatham agreed, so far as any of the securities and moneys belonged to him as his father's partner, to give effect to the charge</hi>.) From the autumn of 1893 the books in several instances show that contangoes were being paid to jobbers for carrying over stock which had been bought and paid for by clients—I did not calculate from the books the total amount which appears to have been paid in dividends on stock which had been parted with.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi> The younger prisoner brought no capital into the business—he said, with reference to the document just put in, "I distinctly dispute any liability on my part or that of the firm for my father's indebtedness to Mrs. Tatham. This claim was never treated as a firm liability either at the dissolution with Henry or with Robinson. The payments were made with the firm's cheque, but those amounts were always charged to Mr. H. E. Tatham's private account"—that was a correct statement so far as the books show.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GILL</hi>. The elder prisoner always asserted that he had the control of the financial part of the business—he attributed his financial troubles to his connection with Robinson—in the deficiency account there is a sum of £23,000, a private debt of Robinson to the
<hi rend="italic">firm</hi>—there are an enormous number of bad debts incurred in respect of persons introduced to the firm. by Robinson—throughout the elder prisoner has always stated that if the bad debts were paid there would be 20s. in the £ for everybody—probably if they were good assets it would be so—the prisoners had a safe at the Stock Exchange—the Official Receiver states that he obtained stocks and shares of the face value of about £40,000—I learned that Charles Tatham had met with an accident that affected his mind, and there was pressure for payment; the interest had to be paid, and an arrangement had to be made for paying or securing the principal—the interest amounted to some £2,000—throughout the whole of the investigations H. E. Tatham always said that, with regard to the financial control of the business, his judgment and will were exercised.</p>
<xptr type="pageFacsimile" doc="189612140034"/>
<hi rend="italic">Re-examined</hi>. I did not go back in the books so far as 1887.</p>
<hi rend="smallCaps">T. H. GUERRIN</hi> (
<hi rend="italic">Re-examined</hi>). I have now examined these additional documents in the shape of transfers signed by Kean in 1890, and they in no way shake the opinion I have expressed as to the signature on the New York Central transfer—they convince me more than ever that the signa
<lb/>ture on the transfer is undoubtedly a forgery, and I cannot find sufficient ground for altering my opinion that it is in the handwriting of the elder prisoner.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GILL</hi>. I have examined all the signatures of Keane that have been submitted to me—there is an attempted similarity to Keane's writing in the J. Keane disputed signature—I made a report upon the material submitted to me, pointing out the discrepancies between the disputed signature and the two real ones—I did not give my best reason first, but the one that struck me first—probably the most obvious would strike me first—I make notes in the order they strike me—I should not necessarily give my strongest reason first—the general appearance of the writing is one of the first things that strike me—the first thing that struck me about this writing was that it was written on a gradually ascending line—all of Keane's writing that I had then seen was written straight, but I have since seen signatures of his that are written on an ascending line—that reason must not go; I should not have stated it with such force if I had seen the other signatures—I still say that the formation of the capital J's is entirely different—I stand by the reason I gave that the contrast between the thick and thin strokes is much more marked. (
<hi rend="smallCaps">MR. GILL</hi>
<hi rend="italic">cross-examined the witness as to the forma
<lb/>tion of various letter sin the documents.</hi>) Writing varies much according to the circumstances under which a man is writing; the kind of pen and the amount of ink in the pen, and the position he is in; and it might vary according to the condition of a man's health, if he were a little delicate in the morning.</p>
<hi rend="italic">Re-examined</hi>. In all the admitted genuine signatures of Keane, I do
<lb/>not find one instance of this shakiness or hesitancy which appears in the disputed signature—I find it specially noticeable in the up stroke of the capital K—I find no instance of Keane making an "n" such as is in the disputed signature—I am absolutely certain the signature was not written by Kean, the witness—I cannot say in further examination has strengthened me in my opinion that it was written by the elder prisoner, but it has not weakened it—on the evidence of the transfers alone, apart from other documents, I should certainly say that this document is not signed by Keane; he would write more carefully when signing a formal document—it would be better to compare formal documents; my original opinion I expressed with regard to comparison with signatures on letters.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-124" type="witnessName">
<interp inst="t18961214-name-124" type="gender" value="male"/>
<interp inst="t18961214-name-124" type="surname" value="EGAN"/>
<interp inst="t18961214-name-124" type="given" value="JOHN"/>JOHN EGAN</persName> </hi> (
<hi rend="italic">Detective Inspector, City</hi>). I received warrants in this case—on October 3rd I saw Gerald Tatham in the Isle of Wight, and told him I was a police officer, and held a warrant for his arrest—I read it to him—it charged him with fraudulently converting ten New York Central shares and one Temisconata bond—he said, "My lawyer knows of that matter; otherwise I should have been gone away some time ago"—he was brought to London—the same day I saw the elder prisoner at Waterloo Station (he had been brought up from Wimbourne by another officer), and arrested him—when I read the same warrant to him he said,</p>
<xptr type="pageFacsimile" doc="189612140035"/>
<p>"All I can say is, I know nothing about it"—when charged at the station neither prisoner made any reply.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. I made a very rough note at the time—the younger prisoner asked whether he might go upstairs to change his clothes, and he said, "You need not be afraid of my going away; if I had been going away I should have gone long ago"; he continued talk
<lb/>ing, and I cautioned him—it was not in connection with that statement that he mentioned his solicitor.</p>
<hi rend="italic">Witnesses for G. H. Tatham.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-125" type="witnessName">
<interp inst="t18961214-name-125" type="gender" value="male"/>
<interp inst="t18961214-name-125" type="surname" value="TATHAM"/>
<interp inst="t18961214-name-125" type="given" value="LIONEL"/>LIONEL TATHAM</persName> </hi>. I am a son of the elder prisoner and a brother of the younger prisoner—I was a clerk in their firm from 1891 to 1896—any brother was clerk from 1874 to 1881; I was not in the office then—I believe he became a partner in 1888, but I was not in the office then—he is my elder brother—H. E. Tatham conducted the financial business of the firm entirely—my brother's opinion was never asked on matters con
<lb/>nected with business of clients of the firm, only as to his own personal friends—apart from them, the general business was entirely in his father's hands—he received directions from time to time from my father—I should say he was not treated in any sense as an equal by his father—he took the business on the Stock Exchange, and that took him a great deal out of the office—when I went to the firm in 1891 Robinson was there—my brother had no private room till Robinson retired; he was very much like a head clerk—my father gave instructions about buying and selling on the Stock Exchange, and he wrote or signed letters to the customers, as a rule—some letters were written too Mr. Tatham personally, and some to Tatham and Co.—press copies of letters were not kept unless they were very important; to lawyers, or something of that kind—my father speculated on his own account in a very small way, but Robinson did speculate, and he left the partnership on that account—the losses incurred by the firm in respect of Robinson's speculations amounted to about £26,000 or £30,000—I heard Mr. Mapleston's evidence—I under
<lb/>stood that my brother brought nothing into the firm—I do not know the terms of the partnership—my brother told me he received a legacy of £1,000 from Mr. Hamilton in 1893—I have very often filled in the names of transferees to these American securities—we each had our allotted books, but if pressure came we were asked to do one another's work, and so we made entries in each other's books when occasion arose—the books show entries in different writings of different transactions—it was more my duty than anyone else's to keep the American registration book, but others made entries in it—Keene, I think, made a good many entries in it—other persons than the younger prisoner took securities to the bank; I have taken them—I should say that other clerks in the office have done so—I never examined them, or inquired whose they were; only handed them in—in October, 1893, the firm had a quantity of Spanish bonds—my father or my brother might hand securities to the clerk to take to the bank—clients' securities, deposited with us for safe custody, are kept in a box in the strong room, or in a safe in the office—my brother had the keys of the box and safe, and I had a duplicate key—I do not know, one way or the other, if my father or the firm had other securities.</p>
<hi rend="italic">Cross-examined.</hi> No book was kept that I know of showing what securities belonged to the firm as distinguished from those belonging to</p>
<xptr type="pageFacsimile" doc="189612140036"/>
<p>clients—my father had no key of the strong room or of the office safe; that I know of—when securities were taken to the bank I or my brother had to get them out of the strong room—the safe was open during the day, and anyone could go to it—no distinction was made as to which were kept in the strong room and which in the office—clients' securities were mostly kept in the strong room—I did not know whether I was taking clients' securities or not to the bank; I was told to go and fetch certain
<lb/>bonds, and I did so, and brought them into the office—I do not remember the particular case of September, 1895, when my brother went to Arm
<lb/>strong and Co. with a bundle of securities—I was told to fetch such and such bonds—I was not often down there—when I did go and fetch securities I had directions from in my father or brother—I have, on some occasions, taken securities to the bank—I cannot say if they were taken out of the Stock Exchange strong room—clients' securities never came into my department—a record of them may have been, kept as they were deposited for safe custody; I don't think there was—generally they were tied up, and labelled, to indicate to whom they be
<lb/>longed, I won't say always, and when they were brought out of the strong room into the office the label would be on them—I cannot say if the—label was taken off before they were taken to the bank—I never examined the securities taken to the bank—the label was an ordinary square slip, with the name of the firm and the client's name, slipped in—I cannot say if I ever took securities to the bank with the label still attached; the security was handed to me, and I took it to the bank, and never examined it—a long blue book was kept in the office to record the securities deposited at the bank against loans—I believe it contained a record of all securities deposited with the bankers, but I had no connection with it—I cannot say if the bankers would advance money on a security which had a label, showing it belonged to a client—a client might want money, and we might take the securities and deposit them, and leave the ticket on, and borrow the money—I knew the firm was borrowing money for a long time before the failure—I thought our difficulties were only temporary—I had been thinking that for two years—I must have been with the firm when a new loan account was opened at Armstrong's, but I don't know anything about it—I think it was known generally in the office that the firm was it temporary difficulties—we knew in the office that they were carrying over stocks which clients had paid for; none of us liked to know it; I thought it was so—there was a client Allen; I don't know what the particular case was—I knew some South-Western Deferred stock was being carried over all through 1895; I did not know whose it was—in the ordinary course of book work it would be brought to my notice each account day that such an item was being carried over from account to account, and differences settled on it—probably every other clerk in the office knew it too—Gerald Tatham did the buying and selling on the Stock Exchange—the entry of March 15th, 1895, of New York Central shares is the only one in his writing on that day, the others are in Keene's writing—the account day would be about the middle of the month—if those ten shares of Kean's had been sold by his direction, Gerald Tatham would have been the person to sell them on the Stock Exchange—he has his, own book for the purpose of doing business on the Stock Exchange—if he made such a sale he might enter it in his book, or he might bear it in mind, and</p>
<xptr type="pageFacsimile" doc="189612140037"/>
<p>enter it in the book in the office when he came in—his usual practice was to enter everything in his own book—when he came into the office there would be an entry in the jobbing book, with the name of the jobber with whom the bargain was made—all the entries in his book are copied into the jobbers' book—that entry being made in the American Share Register, it would not be anybody's duty to post it in any other book; it is an in-dependent record—I did not know in November, 1895, of this sale of India Three per Cent, stock for Keble College; I don't remember anything about it—my brother would sell it—the jobber's cheque for the stock de
<lb/>livered would be received in the office—the signature of the bought note is my brother's—that would not indicate that he carried the matter through; he generally signed the contracts—this entry in the cash book of the jobber's cheque, including Webber and Dorling's cheque for £5,000, is the largest amount on that page; it is a striking item to anyone who looks at the book—the book was open to the clerks or partners to look at, if they wanted to know if the jobber had paid that cheque—the entry is in my brother's writing—I knew some shares were bought for Colonel Burke which had not been taken up, and I knew some were being carried over; I presumed they were part of his—I had admittance to the house; I was not always there.</p>
<hi rend="italic">Re-examined</hi>. Mr. Gerald was in the house in order to know what was going on—if securities were to be taken, to the bank, my father or my brother might have given directions—if there is a bought transaction and a sold transaction with regard to the same stock, we should enter it—I know a cheque was signed for the amount of this India stock, because an envelope was found after the failure—this is the cheque in my brother's writing. (
<hi rend="italic">The cheque was "December 30th,</hi> 1895.
<hi rend="italic">Pay Colonel Jervoise or order</hi> £3,679.—
<hi rend="italic">H. E. Tattiam and Co "The letter enclosing it stated the the cheque was for the proceeds of the India Three per Cent</hi>.) I do not know whether the South-Western Railway stock had been paid for—the account day was December 30th—throughout the two years my father considered himself solvent; he said nothing about his financial position to me, or in my hearing—I knew nothing about his private means apart from his business; he said nothing about them to me or in my hearing—I always understood he was well off, apart from his business—I have had my own establishment since 1893—I never spoke to my father about money matters; I was only a clerk in the office, and did not like to ask any questions.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. AVORY</hi>. This entry in the cash book of January 31st, 1895, "F. Allen, £6,392," is in Gerald Tatham's writing.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">LORD COLERIDGE</hi>. The cheques were given to him, and he entered them in the cash book as a rule—I have done it myself sometimes—there are a great many there—I should think 150 or 200 a week.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-126" type="witnessName">
<interp inst="t18961214-name-126" type="gender" value="male"/>
<interp inst="t18961214-name-126" type="surname" value="BOLTON"/>
<interp inst="t18961214-name-126" type="given" value="FRANCIS GEORGE"/>FRANCIS GEORGE BOLTON</persName> </hi>. I live at 16, Ramsay Road, Forest Gate—from 1881 to 1895 I was a clerk to H. E. Tatham and Co.—at present I am employed by Messrs. Hirsch and Co., of Warnford Court—I became thoroughly acquainted with the method of business in the prisoners' office—the part of the business connected with seeing the clients was principally conducted by H. E. Tatham—Gerald Tatham was principally in the house doing the business, and occasionally assisting in the office work—he took shares to the bank for loans, and things of that sort—I never took</p>
<xptr type="pageFacsimile" doc="189612140038"/>
<p>securities to the bank—I knew the firm had securities of their own apart from securities of their clients—I knew, from the books, that the firm had a large quantity of Spanish stock—the special ledger, No. 2, would show it—those securities were kept either in the safe in the office, or the safe in the house, in the same places as clients' securities were kept—the American Share Register was kept generally by Mr. Keene, and some times by Mr. Lionel Tatham—any clerk might have made an entry in it with regard to a transaction in American shares—I recognise Gerald Tat
<lb/>hara's writing under the head of New York Central; the entries above and below are in the writing of Keene and Gerald Tatham, and I think some are by another clerk, Buckley, but I am not certain about that.</p>
<hi rend="italic">Cross-examined.</hi> I am aware that Lionel Tatham said that all those entries on that day were written by Keene, with the exception of the one relating to the New York shares; I am not prepared to dispute that—this book is not posted from or into any other book—whoever makes the entry must get the information from somewhere; I think it would come from the sold note; I am not sure about it—any person making the entry in the book would have the sold note before him—I do not know that it is a record of a non-existing transaction—I kept the day book, or journal, and made out contracts, and assisted the book-keeper in posting from the journal into the ledger—I could not say positively that there is no entry in the ledger of Keane's account of the transfer of his shares—I have never looked to see—I did not know for some time before the actual failure that the firm was in difficulties—I heard no rumour of it at all—I only knew that business was very quiet—I left at the end of March, 1895—clients' securities were always labelled with the client's name before being put in the safe—either Lionel Tatham or Keene would do that; I might have to do so on emergency.</p>
<hi rend="italic">Re-examined</hi>. If Gerald Tatham had been handed a transfer from Mr. Keene into the name of Mr. Burke, it would, or might, be his duty to make such an entry in the American register, and that entry would be perfectly regular unless the document was forged—there are various handwritings through the book—I recognise two or three hands; mostly Mr. Keene's.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I had nothing to do with the securities—I had no entry to the house—I did not put them in the office safe—my duty was limited to occasionally putting labels on clients' securities; that was very seldom, only on an emergency—I have seen in the Spanish ledger, in an account called Spanish stock, the fact of the prisoners having Spanish securities of their own—T have seen Tatham's name attached in connec
<lb/>tion with the entries in the book as proprietor of them—the amounts were very large; I cannot say what—ledger No. 2 was used for keeping an account of the stock as it was bought and sold; Mr. Tatham's stock, prin
<lb/>cipally—I think there was other stock besides the Spanish which was Mr. Tatham's property, to a very large amount, and a valuable asset—it was Spanish Government stock, which could be easily converted into money—I think it was sold principally to clients of the firm—that was the purpose for which it was retained—Gerald Tatham kept the cash book.</p>
<hi rend="smallCaps">
<rs id="t18961214-80-verdict-1" type="verdictDescription">
<interp inst="t18961214-80-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-80-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">upon all counts excepting the forgery. The</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">
<rs id="t18961214-80-verdict-2" type="verdictDescription">
<interp inst="t18961214-80-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-80-verdict-2" type="verdictSubcategory" value="withRecommendation"/>recommended the elder prisoner to mercy on account of his age.—</rs> </hi>
<hi rend="italic">
<rs id="t18961214-80-punishment-22" type="punishmentDescription">
<interp inst="t18961214-80-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-80-punishment-22" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-80-18961214 t18961214-80-punishment-22"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-80-18961214 t18961214-80-punishment-22"/>Three Years' Penal Servitude each</rs>.</hi> </p> </div1>
<xptr type="pageFacsimile" doc="189612140039"/>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 16
<hi rend="italic">th</hi>, 1896.</p>
<hi rend="italic">before Mr. Justice Lawrance.</hi> </p>
<div1 type="trialAccount" id="t18961214-81">
<interp inst="t18961214-81" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-81" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-81-charge-1" targOrder="Y" targets="def1-81-18961214 t18961214-81-offence-1 t18961214-81-verdict-1"/>
<persName id="def1-81-18961214" type="defendantName">
<interp inst="def1-81-18961214" type="gender" value="male"/>
<interp inst="def1-81-18961214" type="age" value="27"/>
<interp inst="def1-81-18961214" type="surname" value="ORELLANA"/>
<interp inst="def1-81-18961214" type="given" value="PEDRO CASTRO"/>
<hi rend="largeCaps">PEDRO CASTRO ORELLANA</hi> (27)</persName> was indicted
<rs id="t18961214-81-offence-1" type="offenceDescription">
<interp inst="t18961214-81-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18961214-81-offence-1" type="offenceSubcategory" value="manslaughter"/> for the man
<lb/>slaughter of
<persName id="t18961214-name-128" type="victimName">
<interp inst="t18961214-name-128" type="gender" value="male"/>
<interp inst="t18961214-name-128" type="surname" value="EVANS"/>
<interp inst="t18961214-name-128" type="given" value="EVAN"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-81-offence-1 t18961214-name-128"/>Evan Evans</persName> on the high seas.</rs> </p>
<hi rend="smallCaps">MR. BIRON</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. MUIR</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-129" type="witnessName">
<interp inst="t18961214-name-129" type="gender" value="male"/>
<interp inst="t18961214-name-129" type="surname" value="ALLWRIGHT"/>
<interp inst="t18961214-name-129" type="given" value="FRANCIS"/>FRANCIS ALLWRIGHT</persName> </hi> (
<hi rend="italic">Detective Y) produced and proved a plan of the screw steamer "Queensland," upon which, the occurrence in question took place.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-130" type="witnessName">
<interp inst="t18961214-name-130" type="gender" value="male"/>
<interp inst="t18961214-name-130" type="surname" value="FAYER"/>
<interp inst="t18961214-name-130" type="given" value="JAMES"/>JAMES FAYER</persName> </hi>. I live at Yew Tree Road, Liverpool—I was employed on board the screw steamer
<hi rend="italic">Queensland,</hi> in the capacity of second cattle foreman—in October she was returning from Argentina to this country—the prisoner was shipped on board at Argentina as a cattleman—the deceased, Evan Evans, joined at the same time; he was night watchman of the cattle—there were eighteen cattlemen altogether, including the foreman and deputy—it was Evans' duty to go round at night and see to the animals; he had a lantern with him, and went round every half-hour till six a.m.; he was then relieved by a cattleman—I used to call the cattlemen; Evans called them a few times, but it was my custom to do so—on October 18th it was in my duty to call them—prior to the 18th, there was an order given to Evans about calling them in the morning—on the 18th I went down to call them shortly after five; they slept in the cabin opposite the galley; it was very warm that night, and they were sleeping all over the deck and in the cabin as well—the prisoner was among those sleeping in the cabin—when I got down I saw the prisoner there, waking the cattlemen outside 'the cabin door—he said something to me—I went into the cabin and told them to come over to work, and they did—I heard Evans say, "I have a good mind to go in for him"; there was a tussle, and they closed—Evans made a charge for him—I could not say whether he struck him or not; he was the last man that came out—the next thing I heard was Evans shouting out, "Oh! oh!"—that was almost directly after they had been struggling—at the time Evans went for the prisoner he had nothing in his hand, nor had the prisoner—there was a light in the room, and a light in the galley; a small ordinary lantern hanging on a nail—it was rather a dark place at any time in the galley-way—they started to struggle between the galley door and the cabin door; it was completely dark there—it was getting day-light at half-past five, but you could hardly see—I was able to see—I saw the prisoner using a knife a day or two previously; he always carried a knife—I did not see the knife at this time—I assisted Evans into his cabin; I was on deck afterwards when the prisoner was brought up before the master.; the captain put a revolver to his head and asked him if he had the knife, and he took it from inside his breeches and threw it over
<hi rend="italic">Cross-examined.</hi> The cattlemen were generally called about five—Evans had no business to call them at half-past four; it was my duty to call them—I did not call them with a broom-handle—there had been trouble two mornings before about Evans calling them; they did not like his calling them, I suppose because he was one of themselves; he was about twenty-one; he was a Welshman; he was a strong, stout lad—when he went for the prisoner that morning I did not think he was going to strike him—he made a rush at him—I saw no knife; I should not</p>
<xptr type="pageFacsimile" doc="189612140040"/>
<p>think it was light enough for the prisoner to see whether Evans had any
<lb/>thing in his hand.</p>
<hi rend="italic">Re-examined</hi>. Evans was not as tall as the prisoner; the prisoner was the strongest man on board.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-131" type="witnessName">
<interp inst="t18961214-name-131" type="gender" value="male"/>
<interp inst="t18961214-name-131" type="surname" value="MACKEESY"/>
<interp inst="t18961214-name-131" type="given" value="ANDREW"/>ANDREW MACKEESY</persName> </hi>. I was second cook on board the
<hi rend="italic">Queensland</hi>—the galley is opposite the cabin in which the cattlemen slept—on October 18th, about half-past four a.m., I saw Evans come down to the cabin, and go in and make a noise to wake the men up—he had a light in his hand, and there was a light in both rooms—he had a long stick in his hand—this is it (
<hi rend="italic">produced</hi>); it is a broom-handle—he used to carry it about in the night to get the cattle on their feet; he was tapping each bunk with the stick—after he had done that he came rushing out; I don't know why, but afterwards this
<hi rend="italic">sheath</hi> came flying out at the door of the cattlemen's room; it is aniron thing, weighing about fourteen pounds—Evans stepped on one side, or it would have hit him; it passed close to my face—I did not see who threw it—the prisoner was in his bunk, in a stooping position; the other men were dressing themselves at the time—I picked up this sheath, and walked into the room—the prisoner bad this piece of iron in his hand; I took it from him; it is called a block—I saw him take his knife from his side, and put it back into its sheath; it was lying down by his side, and he took it up and put it back into the sheath; that was after I had taken the iron from him—after that Evans was standing in the galley—I re
<lb/>member his saying, "I have a good mind to go for him," and he walked up close to the prisoner, and the next thing I heard was his howling out "Oh!"—that was about a couple of minutes after he had walked up to the prisoner, or a couple of seconds, I could not say how long; perhaps a minute or a minute and a-half—at the time Evans went up to the prisoner he had nothing in his hand; he had the stick—he was in the habit of carrying a knife; this is the sheath.</p>
<hi rend="italic">Cross-examined.</hi> It was kept in his belt—I had not been in the cattle
<lb/>men's bunk that morning—the men did not take off all their clothes at night; the prisoner had his trousers on when I saw him—I don't know what he did with his knife—I wear a sheath knife attached to my belt; I take it off when I go into my bunk—I did not see the prisoner put the knife into its sheath; I merely saw him take up the knife from the bunk—I would not swear it was not in the sheath, I don't think it was—there was a very dull light there—he allowed me to take his band off quite peaceably—I never had anything to do with him before—I would not swear that he did not touch the prisoner with the stick that morning; I did not see him do so; I saw him make a point at him with it, I suppose because he was asleep—there were two rows of bunks, one above the other; it held nine men; the prisoner was in the top one—I cannot say that Evans made a rush at the prisoner—I heard him say, "I have a good mind to go for him," and immediately after that he did make a go at him.</p>
<hi rend="italic">Re-examined</hi>. When I saw the knife in the cabin, I should not like to say whether it was in the sheath or out of it.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-132" type="witnessName">
<interp inst="t18961214-name-132" type="gender" value="indeterminate"/>
<interp inst="t18961214-name-132" type="surname" value="AGEESE"/>
<interp inst="t18961214-name-132" type="given" value="RAYMONDA"/>RAYMONDA AGEESE</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I was employed as a cattleman on the
<hi rend="italic">Queensland—</hi> I slept in the same cabin as the prisoner—I remember Evans coming into the cabin on October 18th—he came in with a stick, and began to hit the bunks all round—then he struck the prisoner with it in the chest—the prisoner asked him why he did that—I did not</p>
<xptr type="pageFacsimile" doc="189612140041"/>
<p>understand the reply, it was in English; then Evans struck him another time, and hit him in the jaw—the prisoner said, "Why do you come and knock me, for no reason whatever?"—he then got hold of the stick, and threw it at him, but it did not hit him—the prisoner then threw this sheath—I did not see anything in his hand—I saw nothing after chat—the prisoner got out of the cabin—I went out first, and the prisoner came after me, and as soon as he came outside Evans began to strike at him; he actually struck him—the prisoner seemed putting up his hand to defend himself, and Evans was striking at him—I saw blows, and when the prisoner could not defend himself with his fist, he took a knife and stabbed him—I saw him draw the knife from the sheath which he carried in his belt; it was done in the thousandth part of a minute.</p>
<hi rend="italic">Cross-examined.</hi> It was Evans that roused me the morning before; he had a lantern in one hand, and I said, "Come on, come on," and he seized hold of one, and the other—when he first came in he had not the stick in his hand, but he went out, and came back with it; one of them asked him why he seized him by the arm to call him, and he used the stick—he did not use the stick to the prisoner that morning—on this morning he and the prisoner were struggling three minutes, or three and a-half. before he drew the knife—the prisoner could not use his fist to defend himself—he raised his arm to keep the blows off.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-133" type="witnessName">
<interp inst="t18961214-name-133" type="gender" value="male"/>
<interp inst="t18961214-name-133" type="surname" value="FRANCIS"/>
<interp inst="t18961214-name-133" type="given" value="WILLIAM"/>WILLIAM H. FRANCIS</persName> </hi>. I live at Liverpool—I am master of the screw steamer
<hi rend="italic">Queensland</hi>—on October 18th, about half-past five, I was called to the port side of the deck, and saw Evans lying on the deck, bleeding freely from a wound in his left thigh—I first tried to stop the bleeding he was afterwards moved to the other side of the deck—there was no doctor on board—I saw a very Urge wound in his hip—I sewed it up, and stopped the bleeding, and then I saw another wound—the wound on the
<hi rend="italic">hip</hi> was about three inches long, and it appeared to go right to the bone—it would have required tremendous force to cause that wound—it was quite on the hip, and round to the back—it was a blow from a man facing him, and done with the right hand—I could not stop the bleeding with plaster, and so I sewed it up; he had another wound, a small one on the chest, about three-quarters of an inch long—it cut the flesh, but I could not see that it penetrated—it was done with a knife; nothing else could have done it—I ordered the prisoner on deck, and put on handcuffs, which I took from my pocket—he lifted up his shirt, and took the knife from under it—the sheath, which ought to have had the knife in it, was empty—he threw the knife overboard—before he was handcuffed he pointed to his chin—I did not look at it at that time; I did shortly after-wards, and saw a slightish wound; but that was an old wound it was not a mark that would be caused by a fist; there was no other mark—he remained in handcuffs in a cabin—I took them off occasionally for him to wash himself—Evans died about half-past ten on the night of the 18th.</p>
<hi rend="italic">Cross-examined.</hi> When I went up to the prisoner I did not ask him for his knife—I might have done so; I don't remember it; I speak very little Spanish—I was very much irritated at the time; I covered him with my revolver—he took out his knife with his right hand, took a few steps, and threw it over; I was afraid he was going to use it—T asked Evans if he had struck the prisoner, and he said he had—as far as I knew, they had</p>
<xptr type="pageFacsimile" doc="189612140042"/>
<p>been on good terms before this—I saw the wound on his chest again; it did not appear worse, but afterwards a great amount of blood came from him, and laid in a pool in his bed; I am afraid that wound was deeper than I thought—the wound on the hip grew together; the knife in his hand might have inflicted the wound—I think it must have been a wilful stab it was a very deep wound—I did not have any conversation with the prisoner through an interpreter; I told him the man was dead, and he cried all but two of the men were foreigners; they spoke Spanish; they joined at La Plata—I had not had them on board before—the
<hi rend="italic">Queensland</hi> was a British ship.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-134" type="witnessName">
<interp inst="t18961214-name-134" type="gender" value="male"/>
<interp inst="t18961214-name-134" type="surname" value="MOORE"/>
<interp inst="t18961214-name-134" type="given" value="HENRY"/>HENRY MOORE</persName> </hi> (
<hi rend="italic">Police Inspector, New Scotland Yard</hi>). On November 8th I took the prisoner into custody; I had an interpreter, and I told the prisoner through him that he would be charged with causing the death of Evans—he refused to say anything—at Deptford he was formally charged—he said nothing; he seemed very much upset, crying and pleading for mercy—I received these pieces of iron when the ship was in dock.</p>
<hi rend="smallCaps">
<rs id="t18961214-81-verdict-1" type="verdictDescription">
<interp inst="t18961214-81-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-81-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY Under great provocation. Recommended to Mercy.—</rs> </hi>.—
<hi rend="italic">
<rs id="t18961214-81-punishment-23" type="punishmentDescription">
<interp inst="t18961214-81-punishment-23" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18961214-81-punishment-23" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-81-18961214 t18961214-81-punishment-23"/>Discharged on his own Recognizances, the Chilian authorities undertaking to send him back to his own country at once.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18961214-82">
<interp inst="t18961214-82" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-82" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-82-charge-1" targOrder="Y" targets="def1-82-18961214 t18961214-82-offence-1 t18961214-82-verdict-1"/>
<persName id="def1-82-18961214" type="defendantName">
<interp inst="def1-82-18961214" type="gender" value="indeterminate"/>
<interp inst="def1-82-18961214" type="age" value="36"/>
<interp inst="def1-82-18961214" type="surname" value="FRANCISCIS"/>
<interp inst="def1-82-18961214" type="given" value="PASQUALE"/>
<hi rend="largeCaps">PASQUALE D. FRANCISCIS</hi> (36)</persName>
<rs id="t18961214-82-offence-1" type="offenceDescription">
<interp inst="t18961214-82-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18961214-82-offence-1" type="offenceSubcategory" value="threateningBehaviour"/>
<hi rend="smallCaps">
<rs id="t18961214-82-verdict-1" type="verdictDescription">
<interp inst="t18961214-82-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-82-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to sending a letter and to feloniously demanding a letter and photograph.—</rs>
<hi rend="italic">
<rs id="t18961214-82-punishment-24" type="punishmentDescription">
<interp inst="t18961214-82-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-82-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-82-18961214 t18961214-82-punishment-24"/>Two-Years' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18961214-83">
<interp inst="t18961214-83" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-83" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-83-charge-1" targOrder="Y" targets="def1-83-18961214 t18961214-83-offence-1 t18961214-83-verdict-2"/>
<join result="criminalCharge" id="t18961214-83-charge-2" targOrder="Y" targets="def2-83-18961214 t18961214-83-offence-1 t18961214-83-verdict-1"/>
<persName id="def1-83-18961214" type="defendantName">
<interp inst="def1-83-18961214" type="gender" value="male"/>
<interp inst="def1-83-18961214" type="age" value="29"/>
<interp inst="def1-83-18961214" type="surname" value="RAYMOND"/>
<interp inst="def1-83-18961214" type="given" value="PETER"/>
<hi rend="largeCaps">PETER RAYMOND</hi> (29)</persName> and
<persName id="def2-83-18961214" type="defendantName">
<interp inst="def2-83-18961214" type="gender" value="indeterminate"/>
<interp inst="def2-83-18961214" type="age" value="20"/>
<interp inst="def2-83-18961214" type="surname" value="ZUCCHI"/>
<interp inst="def2-83-18961214" type="given" value="AMBROGIO"/>
<hi rend="largeCaps">AMBROGIO ZUCCHI</hi> (20)</persName>
<rs id="t18961214-83-offence-1" type="offenceDescription">
<interp inst="t18961214-83-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18961214-83-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously having in their possession eight forged undertakings for the payment of money, and uttering the same.</rs> </p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">E. PERGIVAL CLARKE</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. PURCELL</hi>.</p>
<hi rend="italic">Defended Zucchi.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-138" type="witnessName">
<interp inst="t18961214-name-138" type="gender" value="female"/>
<interp inst="t18961214-name-138" type="surname" value="NASH"/>
<interp inst="t18961214-name-138" type="given" value="CLARA"/>CLARA NASH</persName> </hi>. I am the wife of George Nash, of 24, Caledonian Crescent—the two prisoners lodged with me—Zucchi came first—he gave his, name as Nossi—he took a bedroom for himself and friend—he gave his friend's name, but I can't recollect it—they each had another name; one was Andrew—I suppose they were Christian names—Roscone, I think, was the friend's name—they remained with me till October 24th—they slept together, and used to come down to meals—I could not tell what
<lb/>work they did when they went out; Zucchi used to make flowers—on Tuesday, November 24th, Raymond went out first after breakfast, between ten and eleven—Zucchi went out nearer twelve—later, about twelve, Raymond came back—he came in at the outer door—I told him a gentleman came to see him, and I told him you were not in—he ran up
<lb/>stairs and went to him, and that was the last time I saw him till I saw him at the Court—he owed me £6 for food and everything, and Zucchi owed me a little over £1.</p>
<hi rend="italic">Cross-examined by Raymond</hi>. You told me that you would not be quick enough to make the flowers if you got an order, unless you had someone to sell them—when you came in at five you did not remain indoors a second; you went straight upstairs, and then ran out—I did not notice that you were troubled—you asked me for a description of the person that called, and I told you, "An English gentleman."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. Zucchi told me that he was making</p>
<xptr type="pageFacsimile" doc="189612140043"/>
<p>artificial flowers—he said he received money from his mother at Milan, and had a postcard from Milan this morning to say that she was send
<lb/>ing some sweets for the children—Zucchi gave money to Raymond from time to time, and he paid me; I believe he tried to get work.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-139" type="witnessName">
<interp inst="t18961214-name-139" type="gender" value="male"/>
<interp inst="t18961214-name-139" type="surname" value="GUERRIN"/>
<interp inst="t18961214-name-139" type="given" value="THOMAS HENRY"/>THOMAS HENRY GUERRIN</persName> </hi>. I am an expert in handwriting, and a translator, at 59, Holborn Viaduct—I have had submitted to me these three letters, marked 1, 2 and 3. (
<hi rend="italic">Read:</hi> "The Wonderland Company,. Buenos Ayres, October 25th, 1896. M. Pierre Raymond, London. Bear Sir,—I am in receipt of your much esteemed favour of the 20th., and have now the pleasure to enclose $400 Argentine pesos in full of all demands. I remain, gentlemen, your most obedient servant, yours truly, pp. the Wonderland and Co.—
<hi rend="smallCaps">LOUIS OSTWALD</hi>.") The second letter is dated "October 19th, Buenos Ayres "(Calle General Lavalle, 11-27, "My dear Hermann)". (
<hi rend="italic">This letter commenced in affectionate terms, expressing hopes of soon meeting again, and contained these expressions;</hi> "I can pro
<lb/>mise you that the resemblance is most perfect, so much so as to compel the bank to withdraw that issue, because the bank itself cannot distinguish them "; "In a city like London the disposal is very easy; your attention must be paid to one thing alone—effect the exchange on the same day, and at eight different places," etc.
<hi rend="italic">Letter</hi> 3,
<hi rend="italic">dated October 30th, contained instructions to the like effect, and urged him, if successful, to join the writer immediately</hi>.) I was at Bow Street on December 2nd, the day the case was concluded—Zucchi began to make a statement to the Magistrate in answer to the usual caution, and he added, "If I had known the note was a false one, why should I have gone to a place where I was well known?"—I have ex
<lb/>amined the handwriting of all the three letters, and I say, undoubtedly, they are all written by one person—I have made translations of the second and third.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-140" type="witnessName">
<interp inst="t18961214-name-140" type="gender" value="male"/>
<interp inst="t18961214-name-140" type="surname" value="KERR"/>
<interp inst="t18961214-name-140" type="given" value="ALEXANDER"/>ALEXANDER KERR</persName> </hi>. I am a constable of the Metropolitan Police, special branch—on November 24th, about half-past twelve, I was on duty in the Strand, and saw the two prisoners together, close to Somerset House—they were walking towards Charing Cross—I followed them to the corner of King William Street, about 150 yards from Mr. Hand's office, 16, Strand—they parted; Raymond went up King William Street, as if to Mr. Hand's office, which he entered—I followed him, and remained outside—I saw a constable called in subsequently—I saw Mr. Hands, and in consequence of what he said I went to his office, and seized Zucchi—I said to him, "I am a police officer, and you will be detained at Scotland Yard pending inquiries"—he said, "Well, if the note is a bad one, it has nothing to do with me; I got it from my friend Raymond on leaving him at Ludgate Hill, about three hours ago"—he was taken to Scotland Yard—I left him there, and went to Caledonian Crescent about half-past five—I saw Raymond, and said, "Your friend Zucchi is detained at Scotland Yard for being in possession of foreign forged notes; you will have to accompany me there"—he said, "Yes, I gave it to him this morning at the General Post Office, Cheapside"—I then conveyed him to Scotland Yard.</p>
<hi rend="italic">Cross-examined by Raymond</hi>. The questions you asked me at the Police-office were written down—I was standing at the corner of Caledonian Crescent when you came home that night; when you came to the corner I spoke to you—I asked you at Scotland Yard how you came by the injury</p>
<xptr type="pageFacsimile" doc="189612140044"/>
<p>to your arm—you said, "That was some time ago, when I met with an accident"—I said, "I knew you before"—when I saw you in the Strand with Zucchi I was perhaps twenty yards from you—I met you promis
<lb/>cuously; I did not watch for you; I called a cab, and drove you to Scotland Yard.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. I spoke to Zucchi in English—I did not ask him where he got the note from; he said immediately, "I got it from my friend, Raymond"—he spoke English fairly; I could understand him; he spoke it somewhat with difficulty—I had been in
<lb/>formed that Argentine notes had been forged and circulated—I had known Zucchi before that day in respect of political matters, quite independent of what he is now in custody for—I knew of two addresses that he had; I had known him for about eighteen months—I did not know that he was receiving an allowance from his mother; I had heard so—it was known at Scotland Yard that he was supported by his mother, the widow of a medical man.</p>
<hi rend="italic">Re-examined</hi>. It was in London that I knew him fur eighteen months—he knew his way about London.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-141" type="witnessName">
<interp inst="t18961214-name-141" type="gender" value="male"/>
<interp inst="t18961214-name-141" type="surname" value="HANDS"/>
<interp inst="t18961214-name-141" type="given" value="PHINEAS"/>PHINEAS HANDS</persName> </hi>. I am a money-changer at 16, Strand—on October 24th, between twelve and one, Zucchi came to my office and tendered this note at my desk—I looked at it, and said I did not believe it was all right, and I thought I would ask him kindly to walk to Scotland Yard to see the inspector about it—I called a policeman, Mr. Kerr, from outside—Zucchi said he did nut like going through the streets with a policeman; he was perfectly willing to go with him, and they left together—I had never seen any Argentine notes of this issue; I don't know that they are in circulation yet—this purports to be one of January 1st, 1895, No. A 00007358.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. I had not seen Zucchi before, to my knowledge—I frequently change Italian notes—if he has said that he had been before twice a month, I would not contradict it; he may have been; I have only myself and manager.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-142" type="witnessName">
<interp inst="t18961214-name-142" type="gender" value="male"/>
<interp inst="t18961214-name-142" type="surname" value="RICHARDS"/>
<interp inst="t18961214-name-142" type="given" value="CHARLES"/>CHARLES RICHARDS</persName> </hi> (
<hi rend="italic">Inspector, Scotland Yard</hi>). On Tuesday, November 24th, I was there on duty when Zucchi was brought in by Mr. Kerr, who gave me this fifty-dollar note—I showed it to Zucchi, and said, "It is alleged that you took this note to Mr. Hands, the money-changer at Charing Cross, and asked him to change it"—he said, "Yes"—I said, "Mr. Hands says it is a forgery; where did you get it from?"—he replied, "My friend, Mr. Raymond, who lives with me, owes me some money, and he gave it to me in payment"—I said, "Where did you see him this morning?"—he said, "At Ludgate Circus"—I said, "What time did you leave him?"—he said, "Two or three hours before I went to the shop"—later on in the evening Raymond was brought to Scotland Yard by Kerr—I said, "Raymond, have you a pocketbook with you?—he said, "Yes"—he took it from his pocket and handed it to me—I said, "Have you any Argentine bank notes?"—he said, "Yes," and handed me seven—I said, "You know Zucchi is detained for trying to pass one of these notes?—he said, "Yes, I gave him the note"—I said, "Where did you get them?"—he said, "From a friend of mine, Ostwald; I received them in this registered letter yesterday"—he then handed me the letter and the envelope produced; the envelope and the first letter is in English—he went</p>
<xptr type="pageFacsimile" doc="189612140045"/>
<p>on to say, "Ostwald used to be in business with me at the Ostend Exhibi
<lb/>tion, and when we parted he owed me some money, and sent me these notes in payment; if there is anything wrong with the notes, I know nothing of it; and Zucchi is quite innocent"—I said, "Where did you leave Zucchi this morning?—he said, "We went to the Zoo together, and I left him as we came out at the door; it might be about 11.30, or a little later"—Raymond had no money on him; Zucchi had sevenpence, and they both gave the same address, Caledonian Crescent—I found on Raymond these two letters, 2 and 3, and seven other letters.</p>
<hi rend="italic">Cross-examined by Raymond</hi>. I don't think they are in your hand-writing—you did not ask me if it was possible to wire to Buenos Ayres—I told you that inquiries would be made, and next day I told you the inquiry was not completed—you told me that you were living under a false name at your lodgings.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-143" type="witnessName">
<interp inst="t18961214-name-143" type="gender" value="male"/>
<interp inst="t18961214-name-143" type="surname" value="WALLACE"/>
<interp inst="t18961214-name-143" type="given" value="CHARLES JAMES"/>CHARLES JAMES WALLACE</persName> </hi>. I am a director of Bradbury, Wilkinson and Co., printers—for some time past, and up to January, 1895, we had the contract for printing for the Argentine Government notes put in cir
<lb/>culation up to that date—in 1894 the contract was given to the South American Company, at Buenos Ayres, to print as from 1895—I have here three genuine Argentine bank notes—the printing of the alleged forged notes is badly done; the figures used in the numbers differ from those used in the numbers of the genuine notes; 1,4 and 5 are different—the printed signature of Dr. Erico differs also from that on the genuine notes—the serial numbers should be consecutive; no two or more genuine notes ever bear the same number—the inverted "B" is used in all Argentine notes to show the termination of the number—I should say that these notes are distinctly not genuine.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-144" type="witnessName">
<interp inst="t18961214-name-144" type="gender" value="male"/>
<interp inst="t18961214-name-144" type="surname" value="MARCHANT"/>
<interp inst="t18961214-name-144" type="given" value="STEPHEN WALTER"/>STEPHEN WALTER MARCHANT</persName> </hi>. I am a director of T. H. Saunders and Co., bank-note paper makers, of Purfleet Wharf—by contract between us and the South American Government at Buenos Ayres, we supply bank-note paper for the higher value of notes, 50 dollars and upwards—paper of our manufacture is water-marked with the words "Republics Argentino Cinquenta pesos" on each note—I cannot detect any such water-mark on these notes; I should if the notes were genuine—I have nothing to do with the printing, and had not seen printed notes till I was shown some by Richards—the paper on which these notes are printed was not manufactured by us for that issue.</p>
<hi rend="italic">Zucchi, in his statement before the Magistrate, stated, that he received the note from Raymond, in good faith; that he had seen Raymond receive it in a letter, and that he had previously seen him with notes.</hi> </p>
<hi rend="italic">Raymond, in his defence, stated that a friend who owed him money, and had previously sent him money on account, sent him the notes; that he did not know they were forgeries, and that he gave one to Zucchi to change.</hi> </p>
<hi rend="largeCaps">ZUCCHI</hi>
<hi rend="smallCaps">
<rs id="t18961214-83-verdict-1" type="verdictDescription">
<interp inst="t18961214-83-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18961214-83-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">RAYMOND</hi>
<hi rend="smallCaps">
<rs id="t18961214-83-verdict-2" type="verdictDescription">
<interp inst="t18961214-83-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-83-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18961214-83-punishment-25" type="punishmentDescription">
<interp inst="t18961214-83-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-83-punishment-25" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-83-18961214 t18961214-83-punishment-25"/>Three Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 16
<hi rend="italic">th</hi>, 1896.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18961214-84">
<interp inst="t18961214-84" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-84" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-84-charge-1" targOrder="Y" targets="def1-84-18961214 t18961214-84-offence-1 t18961214-84-verdict-1"/>
<join result="criminalCharge" id="t18961214-84-charge-1" targOrder="Y" targets="def2-84-18961214 t18961214-84-offence-1 t18961214-84-verdict-1"/>
<persName id="def1-84-18961214" type="defendantName">
<interp inst="def1-84-18961214" type="gender" value="male"/>
<interp inst="def1-84-18961214" type="age" value="22"/>
<interp inst="def1-84-18961214" type="surname" value="MAGNUS"/>
<interp inst="def1-84-18961214" type="given" value="SOLOMON"/>
<hi rend="largeCaps">SOLOMON MAGNUS</hi> (22)</persName> and
<persName id="def2-84-18961214" type="defendantName">
<interp inst="def2-84-18961214" type="gender" value="male"/>
<interp inst="def2-84-18961214" type="surname" value="MAGNUS"/>
<interp inst="def2-84-18961214" type="given" value="OSCAR"/>
<hi rend="largeCaps">OSCAR MAGNUS</hi>, </persName>
<rs id="t18961214-84-offence-1" type="offenceDescription">
<interp inst="t18961214-84-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18961214-84-offence-1" type="offenceSubcategory" value="animalTheft"/>Stealing a horse, van, fifty boxes of raisins, and forty boxes of almonds, the goods of
<persName id="t18961214-name-147" type="victimName">
<interp inst="t18961214-name-147" type="gender" value="male"/>
<interp inst="t18961214-name-147" type="surname" value="EVANS"/>
<interp inst="t18961214-name-147" type="given" value="RICHARD DAVID"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-84-offence-1 t18961214-name-147"/>Richard David Evans</persName>.
<hi rend="italic">Second Count</hi>—Feloniously receiving the same.</rs> </p>
<xptr type="pageFacsimile" doc="189612140046"/>
<hi rend="smallCaps">MR. BEARD</hi>
<hi rend="italic">Prosecuted,</hi>
<hi rend="smallCaps">MR. RANDOLPH</hi>
<hi rend="italic">appeared for Solomon, and</hi> </p>
<hi rend="smallCaps">MR. ROOTH</hi>
<hi rend="italic">for Oscar.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-148" type="witnessName">
<interp inst="t18961214-name-148" type="gender" value="male"/>
<interp inst="t18961214-name-148" type="surname" value="TURNER"/>
<interp inst="t18961214-name-148" type="given" value="FREDERICK"/>FREDERICK TURNER</persName> </hi>. I am carman to James Harris, of Artillery Lane—on October 19th I went with two delivery vans to Fresh Wharf for fifty half-boxes of Valencia's and forty boxes of almonds—I received them in the van; I did not notice how they were marked—my mate and I then went into a public-house to have a drink, and when we came out five minutes afterwards everything was gone—I communicated with my em
<hi rend="smallCaps">
<persName id="t18961214-name-149" type="witnessName">
<interp inst="t18961214-name-149" type="gender" value="male"/>
<interp inst="t18961214-name-149" type="surname" value="SHEPHERD"/>
<interp inst="t18961214-name-149" type="given" value="CLEMENT"/>CLEMENT SHEPHERD</persName> </hi> (
<hi rend="italic">City Detective.</hi>) On October 19th I went to Arbour Square Station with Turner—I showed him a horse and cart which I had found nearly a mile from where it was lost—it was empty when I found it.</p>
<hi rend="smallCaps">MR. AARON</hi>. On October 19th I was traveller and warehouse
<lb/>man in Mr. Morgan's employ—a loaded van came there that day; the carman got down, went into the place, and spoke to Solomon Magnus; he then unloaded the van, and carried the things through to the basement—Oscar Magnus told me to help him, and I did so—Oscar Magnus, who was sitting in the basement, gave the carman some beer-money, and he drove away—Oscar Magnus then opened some of the boxes, and handed me a scraper, and told me to scrape the marks off the boxes; I did so to them all—next morning Solomon Magnus said to me, "Come down in the cellar with me, and hold these sacks up"—he commenced opening the boxes of almonds and raisins, while I held the sacks up—he then went upstairs with me, and the sacks were put in the long shop at the back, upstairs—while I was in the basement he told me to put ten boxes of almonds in the rear of the cellar, and cover them up with sacks, and to break up the boxes which had been emptied into the sack—I did so—this kind of box is not generally returned—they send them out—I have broken up boxes before—I was told to bring up ten boxes with the aid of Dick and Philip, and put them into Magnus's little van per carman—Dick then drove away, and returned two or three hours later with eight boxes of almonds, which they carried into the shop—I went to Seething Lane Station, and saw four empty almond boxes, five boxes of raisins, and other articles.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RANDOLPH</hi>. John Harris is a contractor; Solomon Magnus is the Al Tea and Coffee Company; he never had so many almonds before while I was there; he deals in almonds, but does not have them in sacks—I had only been there three weeks then, but I was there four years, off and on—I remember going to a man named Gillingskie on the Monday before Lord Mayor's day; I took with me three cases of sugar; Solomon Magnus came on the scene and said, "What are you doing here with the van?"—that was eleven or 11.30 p.m.—he said, "You have no right to be delivering sugar to Gillingskie; have you got an order?" I said, "Yes "—I was charged at Worship Street with stealing it, but I was discharged—I did not leave the Court very indignant, but I felt revengeful with Magnus—I did not say that I would be revenged</p>
<xptr type="pageFacsimile" doc="189612140047"/>
<p>on him—I first gave evidence at the Mansion House on November 13th—none of the almonds I put in the sack were sold, to my knowledge.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROOTH</hi>. Mr. Oscar paid my wages on Sunday nights direct to me in silver; he was the manager, and I looked to him as my employer—I was away eighteen months or two years—when the van arrived I was in the warehouse, and could see it come—I was not asked to go outside—I saw the carman go in and have a conversation with Solomon; they were together alone—after that I received the order to carry the things down, and he stacked them in the ordinary way—he was not below; he may have been in the office—he was not there the following day.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. The sole part Oscar took was that he told me to help the carman to stack the boxes, and when I was down there he told me to stack them.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-150" type="witnessName">
<interp inst="t18961214-name-150" type="gender" value="male"/>
<interp inst="t18961214-name-150" type="surname" value="LADD"/>
<interp inst="t18961214-name-150" type="given" value="ISAAC"/>ISAAC LADD</persName> </hi>. I am a grocer, of Cable Street East—I know both prisoners—at the beginning of October I gave Solomon an order, for some boxes of almonds and raisins, on a sample which he sent me—on October 20th I received forty boxes of valencias, and this account with them—
<hi rend="italic">I saw</hi> him next morning, and asked him why he had sent me forty boxes, when I had ordered twenty only—he said that he would take them back, and a week following he sent for ten only—I paid for twenty, and this is my cheque (
<hi rend="italic">produced.</hi>) dated the day after the day they were delivered—Sergeant Or ouch afterwards came and took the boxes away.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RANDOLPH</hi>. The goods were up to the sample—it was an ordinary business transaction, and I paid the full market price—I never got a double quantity before, but he said that he had made a mistake.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROOTH</hi>. I am dealing with Solomon Magnus; my cheque was payable to him, and is endorsed by him—I have known him as a large wholesale merchant—I did not notice any marks on the boxes.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-151" type="witnessName">
<interp inst="t18961214-name-151" type="gender" value="male"/>
<interp inst="t18961214-name-151" type="surname" value="GOLDSTEIN"/>
<interp inst="t18961214-name-151" type="given" value="PHILIP"/>PHILIP GOLDSTEIN</persName> </hi>. I am a grocer, of Little Colston Street—I was a customer of Solomon Magnus—I bought fifty-six pounds of almonds of him, in two boxes—this is the invoice—I did not notice any marks on them—this is the lid of one of the two boxes I bought (
<hi rend="italic">Produce.</hi>)</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RANDOLPH</hi>. The detective brought it—I am sure this is one of the lids—this was a transaction in the ordinary way of business, and I paid the full price—I have known him some time, and always found him honourable.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BOOTH</hi>. It was Solomon I did the busmese with, and he also came for the money.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-152" type="witnessName">
<interp inst="t18961214-name-152" type="gender" value="male"/>
<interp inst="t18961214-name-152" type="surname" value="HARRIS"/>
<interp inst="t18961214-name-152" type="given" value="JOHN"/>JOHN HARRIS</persName> </hi>. I am a licensed carman, of 5 Artillery Lane—on October 17th I received these two orders from Mr. Baker; they were delivered to the carman on that day, and finished on the 19th—I received a communication, went to Arbour Square, and my horse and van were found; they were worth £25.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RANDOLPH</hi>. The goods were worth £44 14s. 10d.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROOTH</hi>. I did most of my work for Oscar—I afterwards worked for Solomon.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-153" type="witnessName">
<interp inst="t18961214-name-153" type="gender" value="male"/>
<interp inst="t18961214-name-153" type="surname" value="CROUCH"/>
<interp inst="t18961214-name-153" type="given" value="JAMES"/>JAMES CROUCH</persName> </hi> (
<hi rend="italic">City Detective.</hi>) I received information of this robbery, and on November 6th went to 59, Commercial Road, and saw the two prisoners in the shop—I said, "Is your name Solomon Magnus?"—he</p>
<xptr type="pageFacsimile" doc="189612140048"/>
<p>said, "Yes"—I said to Oscar, "Is your name Oscar Magnus?"—he said, "No"—I said, "I want to see him"—we went to the rear of the shop, and he said, "That is my name, Oscar"—I said, "You will be charged together with stealing, on Oct. 19th, a horse, van, and a quantity of raisins, and with stealing and receiving twenty boxes of sultanas and two boxes of almonds"—they said that they did not understand it—I said, "I have seen a quantity of raisins in the possession of Mr. Grant,
<hi rend="italic">of</hi> Cable Street East, which have been recognised as from Fresh Wharf"—they said that they did not understand it—I searched the premises, and in the basement found three boxes of almonds, one box of raisins, and some little empty raisin boxes—they were taken to the station and charged—the name and marks have been erased from the boxes, and the same with the almonds—this is a portion of the lid of one of the boxes, and these packages are the same; all the marks have been taken out—I found four on Friday and one next day on Magnus's premises—the base
<lb/>ment contained a great number of broken boxes similar to the raisin boxes, and the marks on those had all been erased also—Mr. Goldstein handed me this lid, the mark on which has been erased—Aaron has seen the boxes, and identified them as those which he had written on—they were taken to the station and charged; they made no reply.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RANDOLPH</hi>. I have brought four here—I say that some of the pieces which were among the rubbish in the basement had been scraped—I did not tell the Magistrate that; I was not asked—I knew that that was an important fact—I was called twice at the Police Court—they have a pretty good turn-over.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. Solomon gave no explanation where he got the boxes.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-154" type="witnessName">
<interp inst="t18961214-name-154" type="gender" value="male"/>
<interp inst="t18961214-name-154" type="surname" value="LANE"/>
<interp inst="t18961214-name-154" type="given" value="WILLIAM"/>WILLIAM LANE</persName> </hi>. I am employed at Fresh Wharf—I was not present when these boxes of almonds and raisins were cleared on October 19th—I am only a sampler—I recognise this as my mark—this is my writing.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RANDOLPH</hi>. I send out thousands of these boxes, and it is my duty to mark each; if it is ten I put "1," and if twenty I put "2"—I do not know how these were marked; it has been scratched out.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-155" type="witnessName">
<interp inst="t18961214-name-155" type="gender" value="male"/>
<interp inst="t18961214-name-155" type="surname" value="BEIMON"/>
<interp inst="t18961214-name-155" type="given" value="EDWARD"/>EDWARD BEIMON</persName> </hi>. I am superintendent to John Mill and Co., of Fresh Wharf—I forwarded two orders from Baker to Mr. Harris; they were cleared by two carmen, Turner and Lyon—I was not present—some almonds and raisins and empty boxes were shown to me, and I identified them—I identified thirty-eight boxes of raisins as part of the load—the consignment mark has been erased, but there is my mark on them—I identify this box-lid and box as part of the load by what is on them.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RANDOLPH</hi>. We get thousands of boxes; we had seventy; Mie vessel might contain 1,200 or 1,500 boxes, but not all the same consignment—there is a different mark to each consignment—I agree that several boxes of almonds and raisin have been lost since their arrival.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-156" type="witnessName">
<interp inst="t18961214-name-156" type="gender" value="male"/>
<interp inst="t18961214-name-156" type="surname" value="TYSON"/>
<interp inst="t18961214-name-156" type="given" value="ROBERT"/>ROBERT TYSON</persName> </hi> (
<hi rend="italic">Detective H</hi>). On June 15th Charles Benjamin and Joseph Flack were charged with stealing sugar—Oscar Magnus signed the charge-sheet—I was present, and heard him make the charge—the charge-sheet is at Scotland Yard.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROOTH</hi>. He did not tell me that hip brother</p>
<xptr type="pageFacsimile" doc="189612140049"/>
<p>was away in Holland, and that the office was in his charge—he speaks English very well—he is a Jew—the inspector asked to whom the pro
<lb/>perty belonged, and he said that it was his—the inspector took the charge right through—I have not been spoken to by them since Jane till, yesterday—this copy of the charge has not been supplied from Scotland Yard, but by the inspector.</p>
<hi rend="italic">Re-examined.</hi> Oscar claimed the property at the station; the indict
<lb/>ment was made out in his name.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-157" type="witnessName">
<interp inst="t18961214-name-157" type="gender" value="male"/>
<interp inst="t18961214-name-157" type="surname" value="FASCAR"/>
<interp inst="t18961214-name-157" type="given" value="DANIEL"/>DANIEL FASCAR</persName> </hi>. I am in the employ of Joseph Travers and Co.—on February 2nd this year I obtained a receiving order in bankruptcy against Oscar Magnus, and he is an un discharged bankrupt, and unable to trade in his own name.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BOOTH</hi>. The order of Court would prevent him trading at all.</p>
<hi rend="smallCaps">J. CROUCH</hi> (
<hi rend="italic">Re-examined by</hi>
<hi rend="smallCaps">MR. RANDOLPH</hi>). When I took Solomon Magnus he searched for and found some invoices for almonds and raisins, which he showed me; they were kept untidily; his place was very untidy.</p>
<hi rend="italic">The prisoners received good characters.</hi> </p>
<hi rend="smallCaps">
<rs id="t18961214-84-verdict-1" type="verdictDescription">
<interp inst="t18961214-84-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-84-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">of Receiving.</hi> </p> </div1>
<div1 type="trialAccount" id="t18961214-85">
<interp inst="t18961214-85" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-85" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-85-charge-1" targOrder="Y" targets="def1-85-18961214 t18961214-85-offence-1 t18961214-85-verdict-1"/>
<join result="criminalCharge" id="t18961214-85-charge-2" targOrder="Y" targets="def2-85-18961214 t18961214-85-offence-1 t18961214-85-verdict-1"/>
<join result="criminalCharge" id="t18961214-85-charge-3" targOrder="Y" targets="def3-85-18961214 t18961214-85-offence-1 t18961214-85-verdict-2"/>
<persName id="def1-85-18961214" type="defendantName">
<interp inst="def1-85-18961214" type="gender" value="male"/>
<interp inst="def1-85-18961214" type="surname" value="MAGNUS"/>
<interp inst="def1-85-18961214" type="given" value="SOLOMON"/>
<hi rend="largeCaps">SOLOMON MAGNUS</hi> </persName> and
<persName id="def2-85-18961214" type="defendantName">
<interp inst="def2-85-18961214" type="gender" value="male"/>
<interp inst="def2-85-18961214" type="surname" value="MAGNUS"/>
<interp inst="def2-85-18961214" type="given" value="OSCAR"/>
<hi rend="largeCaps">OSCAR MAGNUS</hi> </persName> were
<hi rend="italic">again</hi> in
<lb/>dicted, with
<persName id="def3-85-18961214" type="defendantName">
<interp inst="def3-85-18961214" type="gender" value="male"/>
<interp inst="def3-85-18961214" type="age" value="43"/>
<interp inst="def3-85-18961214" type="surname" value="SYDNEY"/>
<interp inst="def3-85-18961214" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SYDNEY</hi> (43)</persName>
<rs id="t18961214-85-offence-1" type="offenceDescription">
<interp inst="t18961214-85-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18961214-85-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, for stealing twenty boxes of sultanas of
<hi rend="smallCaps">
<persName id="t18961214-name-161" type="victimName">
<interp inst="t18961214-name-161" type="gender" value="male"/>
<interp inst="t18961214-name-161" type="surname" value="KNILL"/>
<interp inst="t18961214-name-161" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-85-offence-1 t18961214-name-161"/>JOHN KNILL</persName> </hi>, the master of Sydney.
<hi rend="italic">Second Count</hi>—For stealing boxes of sultanas.</rs> </p>
<hi rend="largeCaps">OSCAR</hi> and
<hi rend="largeCaps">SOLOMON MAGNUS</hi>
<hi rend="smallCaps">
<rs id="t18961214-85-verdict-1" type="verdictDescription">
<interp inst="t18961214-85-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-85-verdict-1" type="verdictSubcategory" value="no_subcategory"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="smallCaps">MR. BEARD</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. MUIR</hi>
<hi rend="italic">Defended Sydney.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-162" type="witnessName">
<interp inst="t18961214-name-162" type="gender" value="male"/>
<interp inst="t18961214-name-162" type="surname" value="PHILLIPS"/>
<interp inst="t18961214-name-162" type="given" value="ROBERT"/>ROBERT PHILLIPS</persName> </hi>. I live at 20, New Tyson Street, Bethnal Green, and am carman to Pickford and Co.—on October 19th I had instructions to go to Fresh Wharf for goods, and saw the prisoner Svdney, the delivery foreman—besides the goods I called for I received twenty boxer of sultanas, which I had no delivery note for and no receipt—he said, "Take these twenty boxes, and deliver them to Magnus, as the carrier has lodged an order, and he could not wait"—I told him that we should collect any goods, and take them to the White Swan Yard to our depot, and our clerk, Mr. Pinket, made a note of it on October 22nd—I received two half-boxes a few days afterwards, but I do not know the date—I did not hand any delivery order for them; Sydney asked me to take them and deliver them; I had no receipt for them; I took them to White Swan Yard, and never saw them again.</p>
<hi rend="italic">Cross-examined.</hi> I do not know either of the Magnus's at all—I have not delivered goods at their place—I have taken goods from Fresh Wharf before, and sent them to the Magnus's—I do not go past their plane—the middle of this year was the first time I had orders, and sent goods to Magnus—I did not take any from Fresh Wharf to the depot, last year to be booked to Magnus—the two seasons were twenty-eight months—my first season was the beginning of last year—I go there twice a day all the year—I know Frank Day—I never told him that if he would let me have some stuff I knew where to dispose of it—Sydney helped to load the van twice out of three times—he has four or five men, and sometimes fifteen, under him—he has a desk—the man did not see him give me the raisins, because the man was taking</p>
<xptr type="pageFacsimile" doc="189612140050"/>
<p>down the stock, and handed it to my tailboard—I cannot point to any man who heard him tell me to take them to Magnus—I once got some goods on the van by mistake, and brought them back from our yard—October is a busy season at this wharf—I was arrested on this charge, and told the prosecutor that I knew nothing about it—I was kept in custody—I did not cross-examine the witnesses at Seething Lane—I said I had been there two seasons, and was asked to take the goods, and I took them, and knew nothing about them—I said I did not know there was any transaction between the Magnus's and Sydney—the Magnus's were charged with me—I first mentioned Sydney's name at Seething Lane—my goods yard is ten minutes or a quarter of an hour's walk from Seething Lane—Sydney and the Magnus's were both in, and we were all charged together—Mr. Beerman only said, "Speak the truth"—I said, "Sydney says that the carrier Jodged the order, and asked me to take them"—that was the first time I mentioned Sydney's name—Sydney delivered the goods to me on the ground floor; the other goods came down on slings that day, but his did not—I received no other goods that day without a delivery order—I have not asked Frank Day on several occasions to get me some stuff—he would not know my private house; he was employed at the wharf—I was charged in the evening, and went before the Lord Mayor next morning, and let out on my own recognizances the first time—I came up and surrendered, and was discharged at the prosecutor's request—the transaction of the twenty boxes with Sydney was on Saturday, between nine and ten p.m.—that is not always the busiest time—I delivered the two boxes in the morning; I do not remember the day of the week—Sydney's wife said, "Somebody is speaking false"—I said, "All I know of it is, I collected the goods"—I did not say, "I scarcely knew what I was saying"; I said, "Sydney" on the spur of the moment, and "Next week I will clear him"; we had not time to talk the words; she was coming up the steps when she spoke to me—I wish to speak about Mr. Day; he came to me at Fresh Wharf, and said that he had previously taken goods away, and that he and Sydney were very thick.</p>
<hi rend="italic">Re-examined.</hi> I have been six years in Messrs. Pickford's employ—this conversation with Day took place outside the wharf; I was going to have a drink; he said that he was out of employment—I said, "Will you have a glass?"—he said, "Yes," and then he told me he had car
<lb/>ried a bundle of anchovies away, and the people at the wharf were silly—Mrs. Sydney spoke to me on the steps of the Mansion House on the day of the remand—I was called as a witness—Sydney was represented by Counsel, Mr. Morris, on the remand—I was not cross-examined by him—this is the first time I have heard this suggested conversation—I have never taken goods from Fresh Wharf, except from an official—Sydney was the foreman, and he delivered them to me; he did not shout out.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-163" type="witnessName">
<interp inst="t18961214-name-163" type="gender" value="male"/>
<interp inst="t18961214-name-163" type="surname" value="PINKET"/>
<interp inst="t18961214-name-163" type="given" value="JOSEPH"/>JOSEPH PINKET</persName> </hi>. I am booking clerk to Pickford and Company, Whitechapel—I produce Phillips' delivery sheet of October 19th for twenty boxes of sultanas and two and a-half boxes of raisins to be taken to Magnus.</p>
<hi rend="italic">Cross-examined.</hi> I have had about a dozen transactions of that kind.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-164" type="witnessName">
<interp inst="t18961214-name-164" type="gender" value="male"/>
<interp inst="t18961214-name-164" type="surname" value="BEARMA"/>
<interp inst="t18961214-name-164" type="given" value="EDWARD"/>EDWARD BEARMA</persName> </hi>. I am warehouse superintendent to John Hill and</p>
<xptr type="pageFacsimile" doc="189612140051"/>
<p>Co., of Fresh Wharf—Sydney was my foreman on the first floor and base
<lb/>ment—in consequence of something which came to my knowledge early in November I searched the register and missed twenty boxes of sul
<lb/>tanas and two boxes and a-half of raisins—I could not find any delivery note for them, or any carman's receipt—they should always take a de
<lb/>livery note—I did not speak to Sydney, but gave information to the police—the goods should have gone out of the basement, that is his floor.</p>
<hi rend="italic">Cross-examined.</hi> I have known Sydney sixteen or seventeen years, first as a temporary clerk, and afterwards for twelve or thirteen years; we had constantly employed him at the British and Foreign Steam Wharf, and afterwards at the General Steam Navigation Com
<lb/>pany—he left to come to us at our request—his character is good—if any goods were missing he would be responsible—he had six or seven men under him, sometimes more—he would have a sub-foreman under him, and a sub-gang when there was pressure—there was pressure at this time, and it was greatest on Saturday nights—Sydney had a desk on his floor—there is a half floor, so that he had three floors under him—when goods are brought in they are verified, and then sent on—it is possible that the goods in this order might be on three floors; one order may have three or four consignments in it, and Sydney could not be on all three floors—goods might be brought up from three floors at the same time—the breaker out gets the goods, and takes them to the gang, who loads the van, and the foreman supervises the whole business—it is possible for a man to hand out goods without the foreman knowing that such a thing has passed.</p>
<hi rend="italic">The</hi>
<hi rend="smallCaps">RECORDER</hi>
<hi rend="italic">inquired whether there was evidence to corroborate Phillips.</hi>
<hi rend="smallCaps">MR. BEARD</hi>
<hi rend="italic">stated that there was not, and that he could not go further with the case.</hi> </p>
<hi rend="smallCaps">
<rs id="t18961214-85-verdict-2" type="verdictDescription">
<interp inst="t18961214-85-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18961214-85-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">SOLOMON MAGNUS</hi>
<hi rend="italic">
<rs id="t18961214-85-punishment-26" type="punishmentDescription">
<interp inst="t18961214-85-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-85-punishment-26" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-85-18961214 t18961214-85-punishment-26"/>Three Years' Penal Servitude.</rs> </hi>
<hi rend="largeCaps">OSCAR MAGNUS</hi>
<hi rend="italic">
<rs id="t18961214-85-punishment-27" type="punishmentDescription">
<interp inst="t18961214-85-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-85-punishment-27" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-85-18961214 t18961214-85-punishment-27"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday, December</hi> 11
<hi rend="italic">th</hi>, 1896.</p>
<hi rend="italic">Before Mr. Justice Lawrance.</hi> </p>
<div1 type="trialAccount" id="t18961214-86">
<interp inst="t18961214-86" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-86" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-86-charge-1" targOrder="Y" targets="def1-86-18961214 t18961214-86-offence-1 t18961214-86-verdict-1"/>
<persName id="def1-86-18961214" type="defendantName">
<interp inst="def1-86-18961214" type="gender" value="male"/>
<interp inst="def1-86-18961214" type="age" value="60"/>
<interp inst="def1-86-18961214" type="surname" value="STANNILAND"/>
<interp inst="def1-86-18961214" type="given" value="CHARLES HENSON"/>
<hi rend="largeCaps">CHARLES HENSON STANNILAND</hi> (60)</persName>
<rs id="t18961214-86-offence-1" type="offenceDescription">
<interp inst="t18961214-86-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18961214-86-offence-1" type="offenceSubcategory" value="fraud"/>
<hi rend="smallCaps">
<rs id="t18961214-86-verdict-1" type="verdictDescription">
<interp inst="t18961214-86-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-86-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to unlawfully obtaining 2s. 6d. from
<persName id="t18961214-name-166" type="victimName">
<interp inst="t18961214-name-166" type="gender" value="male"/>
<interp inst="t18961214-name-166" type="surname" value="SEABROOK"/>
<interp inst="t18961214-name-166" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-86-offence-1 t18961214-name-166"/>Thomas Seabrook</persName>, and 1s. 6d. and 4s. 6d. from
<persName id="t18961214-name-167" type="victimName">
<interp inst="t18961214-name-167" type="gender" value="male"/>
<interp inst="t18961214-name-167" type="surname" value="LEE"/>
<interp inst="t18961214-name-167" type="given" value="ALFRED THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18961214-86-offence-1 t18961214-name-167"/>Alfred Thomas Lee</persName> by false pretences.—</rs>
<hi rend="italic">
<rs id="t18961214-86-punishment-28" type="punishmentDescription">
<interp inst="t18961214-86-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-86-punishment-28" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-86-18961214 t18961214-86-punishment-28"/>
<hi rend="italic">Fined</hi> £10, or One Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Thursday, December</hi> 17
<hi rend="italic">th</hi> 1896.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18961214-87">
<interp inst="t18961214-87" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-87" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-87-charge-1" targOrder="Y" targets="def1-87-18961214 t18961214-87-offence-1 t18961214-87-verdict-1"/>
<persName id="def1-87-18961214" type="defendantName">
<interp inst="def1-87-18961214" type="gender" value="male"/>
<interp inst="def1-87-18961214" type="age" value="31"/>
<interp inst="def1-87-18961214" type="surname" value="JOSEPH"/>
<interp inst="def1-87-18961214" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE JOSEPH</hi> (31)</persName>
<rs id="t18961214-87-offence-1" type="offenceDescription">
<interp inst="t18961214-87-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18961214-87-offence-1" type="offenceSubcategory" value="forgery"/>, Forging and uttering two acceptances for £22 6s. 9d. and £23 13s. 7d., with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. BIRON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18961214-name-169" type="witnessName">
<interp inst="t18961214-name-169" type="gender" value="male"/>
<interp inst="t18961214-name-169" type="surname" value="DIGBY"/>
<interp inst="t18961214-name-169" type="given" value="WYATT"/>WYATT DIGBY</persName> </hi>. I practise at 5 and 6, Clement's Inn—the prisoner was formerly a partner in the firm of Turner and Heale, dealers in printer's materials, in Farringdon Road—I had dealings with him, and know his</p>
<xptr type="pageFacsimile" doc="189612140052"/>
<p>writing—he left the partnership prior to January, this year—I was then in John Street, Bedford Row—he came there to see me about an agree
<lb/>ment between him and his wife about some bills of exchange—at the first interview he said he could obtain or had got good trade bills which he wanted discounted; I understood him to say that he obtained them in the course of business—I said that I would see if I could find some client who would discount them—he brought these two bills (
<hi rend="italic">Produced,</hi>) a day or two afterwards, for £22 6s. 9d, and £23 13s. 7d. (
<hi rend="italic">One of these was signed</hi> "
<hi rend="italic">G. Joseph," and accepted by Hart, Barnard and Co., and the other by Theophite Regan.</hi>) The signature "Joseph," and the making of the note on the face of the bill, and the endorsement are the prisoner's writing, I have no doubt—he said that the endorser was a substantial firm in the printing trade—the acceptance, in my opinion, in each case, is the prisoner's writing, and the body of each bill is certainly his—I said that I would see if I could get them discounted, and Mr. Pocock ad
<lb/>vanced £19 by three cheques, two of which I gave to Joseph, and one I got cashed and gave him the cash and the two cheques—one of them has been paid, and the other is cancelled, but payment has been made to the holder of it—I think I wired to the bank to stop payment, but it was too late—on January 13th the bill purporting to be accepted by Hart, Barnard and Co. became due; I presented it at the National Provincial Bank of Eng
<lb/>land, and received it back, marked "No account"—he did not come to see me, and, in consequence, he was arrested and taken to Clerkenwell Police Court, and the case was remanded to January 22nd—I had commu
<lb/>nicated with the various people who had purported to draw these bills—during the remand the prisoner's wife came to me and made a proposition, and handed me £9 and one of the cheques which had not been negotiated—I said, "I can enter into no negotiations with you; if you like to pay the money do so"—I instructed Counsel—Mr. Pocock was the only prosecutor, and the Counsel laid the facts before the Magistrate, and asked him to allow the charge to be withdrawn—I gave more information to the police, and left them to take the matter up.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> You gave me these bills a day or two before January 4th, and on January 4th I gave you a cheque—you very likely came to me on the Monday, and told me you wanted £16 by Wednesday—I gave you one cheque first, and that was after banking hours—you sent me this telegram next morning: "Do not present bills; I have cheques," and you wrote me a letter, which I received on Monday, say
<lb/>ing that you would call on Monday with the cheques—I do not know that you called in the afternoon, and put a card in my box—I have seen you about the streets since February.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. The prisoner was discharged, and the papers laid be
<lb/>fore the Treasury.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-170" type="witnessName">
<interp inst="t18961214-name-170" type="gender" value="male"/>
<interp inst="t18961214-name-170" type="surname" value="POCOCK"/>
<interp inst="t18961214-name-170" type="given" value="THOMAS"/>THOMAS POCOCK</persName> </hi>. I am a surveyor, of 64, Cannon Street—I gave Mr. Digby three cheques for £19 altogether on some bills—these (
<hi rend="italic">produced</hi>) are two of them—in consequence of information I stopped the cheques, but some of them had already been dealt with—I had to take two of them up—one had been paid by in bank—I heard of Joseph's arrest; I did not give instructions for it; I left the matter in the hands of my solicitor, and received back £6 10s. and £9; I lost £4.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-171" type="witnessName">
<interp inst="t18961214-name-171" type="gender" value="male"/>
<interp inst="t18961214-name-171" type="surname" value="BARNARD"/>
<interp inst="t18961214-name-171" type="given" value="CHARLES"/>CHARLES BARNARD</persName> </hi>. I am one of the firm, of Hart, Barnard and Co., of</p>
<xptr type="pageFacsimile" doc="189612140053"/>
<p>20, Blandford Street—I do not know the prisoner, but some years ago I had dealings with Turner and Heale—this signature is not the acceptance of my firm; I know nothing about it—I do not bank at the Baker Street branch of the National Provincial Bank.</p>
<hi rend="italic">Cross-examined.</hi> I declined to prosecute because I had lost no money by it.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-172" type="witnessName">
<interp inst="t18961214-name-172" type="gender" value="male"/>
<interp inst="t18961214-name-172" type="surname" value="CREBER"/>
<interp inst="t18961214-name-172" type="given" value="THEOPHILUS"/>THEOPHILUS CREBER</persName> </hi>. I carry on business at 60, Union Street, Plymouth—some years ago I had business with Turner and Heale—this acceptance is not my writing, or signed by my authority—I never saw Joseph in my life till I was at the Police Court.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-173" type="witnessName">
<interp inst="t18961214-name-173" type="gender" value="male"/>
<interp inst="t18961214-name-173" type="surname" value="JACKSON"/>
<interp inst="t18961214-name-173" type="given" value="RICHARD"/>RICHARD JACKSON</persName> </hi>. I am one of the firm of Ford, Shipton and Co, of Lin
<lb/>coln's Inn Fields—some years ago I had dealings with Turner and Heale—the acceptance to this bill for £39 Os. 6d. is not my writing, or made with my authority or knowledge.</p>
<hi rend="smallCaps">W. DIGBY</hi> (
<hi rend="italic">Re-examined.</hi>) I received this bill of exchange also from Jackson on, I believe, January 7th—it is accepted by Ford, Chappie and Jackson.</p>
<hi rend="smallCaps">
<persName id="t18961214-name-174" type="witnessName">
<interp inst="t18961214-name-174" type="gender" value="male"/>
<interp inst="t18961214-name-174" type="surname" value="GURRIN"/>
<interp inst="t18961214-name-174" type="given" value="THOMAS HENRY"/>THOMAS HENRY GURRIN</persName> </hi>. I have been an expert in handwriting for some years; I have compared the signature "Joseph" on the face of these bills with the writing of the various acceptances—the first is December 10th; I have marked them 1, 2 and 3—I have compared the acceptances "Hart, Barnard and Co." with the signature "Joseph," and I believe it is in the same writing—all three acceptances are disguised.</p>
<hi rend="italic">By the,</hi>
<hi rend="smallCaps">COURT</hi>. Comparing the writing and the body of the acceptance, I find a similarity—the body of the acceptance is in the same writing as the "Joseph"; the whole of the writing of these three bills is in the same hand—I compared the word "Accepted," but taking them in detail, the capital "T" in "The National Bank," the capital "F" on acceptance No. 2, the capital "T" in acceptance No. 1, and another capital "T" in No. 1, are, in my opinion, all in the same hand—the word "London" bears a strong similarity in all three bills—the word "Company" ap
<lb/>pears in each acceptance, and I point to the strong similarity in each case.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. BIRON</hi>. The capital "B" in bank in No. 1, and in Baker in No. 2, and in "Bolitho" in No. 3 are alike, and there is a similarity in the whole of the word "Bank" in Nos. 1 and 2—the word "Limited" appears in Nos. 1 and 2, and another instance of similarity is the small "a" in the word "payable" in Nos. 1 and 2; that is a striking pecu
<lb/>liarity—those are some of the principal characteristics which lead me to believe that the three are written by the same person—as to whether the hand which wrote the signature to the bill wrote the acceptance, I point to a likeness in the "y" in "payable" in No. 1, and the "y" in "January," and in "my" in the bill, and the "n" in "National" and in "six-pence" and in "month" in No. 3—I also notice similarities in the small letters "p," "h," "g," "d" and "v," and in my opinion the whole were written by the same person—I am consulted by the Treasury, the Post Office, and other departments, and by the Bank of England; I We given evidence for nearly thirteen years—it is strong evidence, because I find similarity in so many instances in letters which have striking peculiarities—there would have been nothing in finding one or two similarities, but when you come to a large number it is different.</p>
<xptr type="pageFacsimile" doc="189612140054"/>
<hi rend="smallCaps">
<persName id="t18961214-name-175" type="witnessName">
<interp inst="t18961214-name-175" type="gender" value="male"/>
<interp inst="t18961214-name-175" type="surname" value="WALTERS"/>
<interp inst="t18961214-name-175" type="given" value="ARTHUR"/>ARTHUR WALTERS</persName> </hi> (
<hi rend="italic">Detective Sergeant E.</hi>) I arrested the prisoner originally on January 14th, and told him he would be charged with forging and uttering two bills with intent to defraud—he was discharged on January 23rd, and on February 24th I received instructions to look for him, but could not find him till November—he said nothing to the charge—I went to his last place of abode; he had removed from there.</p>
<hi rend="italic">Cross-examined.</hi> I went there six or seven times—I did not know that you were in Holloway at the time—I have not been there since August—that is not five minutes from Holloway Road.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. His wife was not there when I went in February; the family had removed and left no address</p>
<hi rend="italic">Prisoner's Defence:</hi> These bills were given to Mr. Digby on January 7th. I asked for the money for Wednesday, but was put off till Friday, three days before the bills came due. They were not given to me till after banking hours on Friday. I told him not to do anything, and I would give him the money back. I only used one of the cheques; the cheque for £6 was given back by my wife. It is not feasible that I should take these three cheques for £23. When the case came before the Magistrate, Mr. Digby gave no explanation; he simply gave no evidence; he has seen me in the City.</p>
<hi rend="smallCaps">
<rs id="t18961214-87-verdict-1" type="verdictDescription">
<interp inst="t18961214-87-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-87-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">Recommended to mercy by the Prosecutor, believing that he acted under great pressure, and intended to take the bills up.—
<rs id="t18961214-87-punishment-29" type="punishmentDescription">
<interp inst="t18961214-87-punishment-29" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18961214-87-punishment-29" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-87-18961214 t18961214-87-punishment-29"/>Discharged on his own Recognizances.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18961214-88">
<interp inst="t18961214-88" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-88" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-88-charge-1" targOrder="Y" targets="def1-88-18961214 t18961214-88-offence-1 t18961214-88-verdict-1"/>
<join result="criminalCharge" id="t18961214-88-charge-2" targOrder="Y" targets="def2-88-18961214 t18961214-88-offence-1 t18961214-88-verdict-1"/>
<join result="criminalCharge" id="t18961214-88-charge-3" targOrder="Y" targets="def3-88-18961214 t18961214-88-offence-1 t18961214-88-verdict-1"/>
<join result="criminalCharge" id="t18961214-88-charge-4" targOrder="Y" targets="def4-88-18961214 t18961214-88-offence-1 t18961214-88-verdict-1"/>
<persName id="def1-88-18961214" type="defendantName">
<interp inst="def1-88-18961214" type="gender" value="male"/>
<interp inst="def1-88-18961214" type="age" value="41"/>
<interp inst="def1-88-18961214" type="surname" value="YOUNG"/>
<interp inst="def1-88-18961214" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES YOUNG</hi> (41)</persName>,
<persName id="def2-88-18961214" type="defendantName">
<interp inst="def2-88-18961214" type="gender" value="male"/>
<interp inst="def2-88-18961214" type="age" value="40"/>
<interp inst="def2-88-18961214" type="surname" value="CHRISTY"/>
<interp inst="def2-88-18961214" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN CHRISTY</hi> (40)</persName>,
<persName id="def3-88-18961214" type="defendantName">
<interp inst="def3-88-18961214" type="gender" value="male"/>
<interp inst="def3-88-18961214" type="surname" value="LESTER"/>
<interp inst="def3-88-18961214" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS LESTER</hi>(35),</persName> and
<persName id="def4-88-18961214" type="defendantName">
<interp inst="def4-88-18961214" type="gender" value="male"/>
<interp inst="def4-88-18961214" type="age" value="29"/>
<interp inst="def4-88-18961214" type="surname" value="THOMPSON"/>
<interp inst="def4-88-18961214" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS THOMPSON</hi> (29)</persName>
<rs id="t18961214-88-offence-1" type="offenceDescription">
<interp inst="t18961214-88-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18961214-88-offence-1" type="offenceSubcategory" value="theftFromPlace"/>
<hi rend="smallCaps">
<rs id="t18961214-88-verdict-1" type="verdictDescription">
<interp inst="t18961214-88-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18961214-88-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to breaking and entering the shop of Alfred Frank Penniket, and stealing 192 pairs of boots, his property, having all been before convicted; Young at Clerkenwell on November 19th, 1888; Christy at Clerkenwell, on May 5th, 1889; Lester at this Court, on February 8th, 1892; Thomp
<lb/>son at Clerkenwell, in December, 1892. (
<hi rend="italic">Several other con
<lb/>victions were proved against them, and Young, Lester, and Christy were still under ticket-of-leave.</hi> </rs>
<hi rend="largeCaps">YOUNG</hi>
<hi rend="italic">
<rs id="t18961214-88-punishment-30" type="punishmentDescription">
<interp inst="t18961214-88-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-88-punishment-30" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-88-18961214 t18961214-88-punishment-30"/>Seven Years' Penal Servitude.</rs> </hi> </p>
<hi rend="largeCaps">CHRISTY</hi>
<hi rend="italic">
<rs id="t18961214-88-punishment-31" type="punishmentDescription">
<interp inst="t18961214-88-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-88-punishment-31" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-88-18961214 t18961214-88-punishment-31"/>Six Years' Penal Servitude.</rs> </hi>
<hi rend="largeCaps">LESTER</hi>
<hi rend="italic">
<rs id="t18961214-88-punishment-32" type="punishmentDescription">
<interp inst="t18961214-88-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-88-punishment-32" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-88-18961214 t18961214-88-punishment-32"/>Five Years' Penal Servitude.</rs> </hi>
<hi rend="largeCaps">THOMPSON</hi>
<hi rend="italic">
<rs id="t18961214-88-punishment-33" type="punishmentDescription">
<interp inst="t18961214-88-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t18961214-88-punishment-33" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def4-88-18961214 t18961214-88-punishment-33"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18961214-89">
<interp inst="t18961214-89" type="uri" value="sessionsPapers/18961214"/>
<interp inst="t18961214-89" type="date" value="18961214"/>
<join result="criminalCharge" id="t18961214-89-charge-1" targOrder="Y" targets="def1-89-18961214 t18961214-89-offence-1 t18961214-89-verdict-1"/>
<persName id="def1-89-18961214" type="defendantName">
<interp inst="def1-89-18961214" type="gender" value="male"/>
<interp inst="def1-89-18961214" type="age" value="24"/>
<interp inst="def1-89-18961214" type="surname" value="DAY"/>
<interp inst="def1-89-18961214" type="given" value="ALFRED"/>
<hi rend="largeCaps">