<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<xptr type="transcription" doc="19020113"/>
<div1 type="frontMatter" id="f19020113">
<interp inst="f19020113" type="uri" value="sessionsPapers/19020113"/>
<interp inst="f19020113" type="date" value="19020113"/>
<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>DIMSDALE, MAYOR.</p>
<p>THIRD SESSION, HELD JANUARY 13TH, 1902.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORT-HAND BY</p>
<p>JAMES DROVER BARNETT</p>
<p>AND</p>
<p>
<persName id="t19020113-name-1" type="judiciaryName">
<interp inst="t19020113-name-1" type="gender" value="male"/>
<interp inst="t19020113-name-1" type="surname" value="BUCKLER"/>
<interp inst="t19020113-name-1" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</p>
<p>Short-hand Writers to the Court,</p>
<p>
<persName id="t19020113-name-2" type="judiciaryName">
<interp inst="t19020113-name-2" type="gender" value="male"/>
<interp inst="t19020113-name-2" type="surname" value="CHAMBERS"/>
<interp inst="t19020113-name-2" type="given" value="ROLLS"/>ROLLS CHAMBERS</persName>, No. 89, CHANCERY LANE.</p>
<p>LONDON:</p>
<p>STEVENS AND SONS, LIMITED, 119, CHANCERY LANE.</p>
<p>Law Booksellers and Publishers.</p>
<xptr type="pageFacsimile" doc="190201130002"/>
<p>THE</p>
<p>WHOLE PROCEEDINGS</p>
<p>On the King's Commission of</p>
<p>OYER AND TERMINER AND GAOL DELIVERY</p>
<p>FOR</p>
<p>The City of London,</p>
<p>AND GAOL DELIVERY FOR THE</p>
<p>COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION</p>
<p>OF THE</p>
<p>CENTRAL CRIMINAL COURT,</p>
<p>Held on Monday, January 13th, 1902, and following days,</p>
<p>Before the Right Hon.
<hi rend="largeCaps">SIR JOSEPH COCKFIELD DIMSDALE</hi>, Knt., M.P.,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; the Rt. Hon.
<hi rend="smallCaps">LORD ALVERSTONE</hi>, G.C.M.G., Lord Chief Justice of England; the Hon. Sir
<hi rend="smallCaps">
<persName id="t19020113-name-3" type="judiciaryName">
<interp inst="t19020113-name-3" type="gender" value="male"/>
<interp inst="t19020113-name-3" type="surname" value="JELF"/>
<interp inst="t19020113-name-3" type="given" value="ARTHUR RICHARD"/>ARTHUR RICHARD JELF</persName> </hi>, one other of the Justices of His Majesty's High Court; Sir
<hi rend="smallCaps">
<persName id="t19020113-name-4" type="judiciaryName">
<interp inst="t19020113-name-4" type="gender" value="male"/>
<interp inst="t19020113-name-4" type="surname" value="KNIGHT"/>
<interp inst="t19020113-name-4" type="given" value="HENRY EDMUND"/>HENRY EDMUND KNIGHT</persName> </hi>, Knt.; Sir
<hi rend="smallCaps">JOSEPH RENALS</hi>, Bart., and Sir
<hi rend="smallCaps">JOHN VOCE MOORE</hi>, Knt., Aldermen of the said City; Sir
<hi rend="smallCaps">FORREST FULTON</hi>, Knt., K.C., Recorder of the said City;
<hi rend="smallCaps">
<persName id="t19020113-name-5" type="judiciaryName">
<interp inst="t19020113-name-5" type="gender" value="male"/>
<interp inst="t19020113-name-5" type="surname" value="POUND"/>
<interp inst="t19020113-name-5" type="given" value="JOHN"/>JOHN POUND</persName> </hi>, Esq.;
<hi rend="smallCaps">FREDERICK PRATT ALLISTON</hi>, Esq.; and
<hi rend="smallCaps">THOMAS BOOR CROSBY</hi>, Esq., M.D.; other of the Aldermen of the said City;
<hi rend="smallCaps">
<persName id="t19020113-name-6" type="judiciaryName">
<interp inst="t19020113-name-6" type="gender" value="male"/>
<interp inst="t19020113-name-6" type="surname" value="BOSANQUET"/>
<interp inst="t19020113-name-6" type="given" value="ALBERT FREDERICK"/>ALBERT FREDERICK BOSANQUET</persName> </hi>, Esq., K.C., Common Serjeant of the said City; and
<hi rend="smallCaps">
<persName id="t19020113-name-7" type="judiciaryName">
<interp inst="t19020113-name-7" type="gender" value="male"/>
<interp inst="t19020113-name-7" type="surname" value="SMITH"/>
<interp inst="t19020113-name-7" type="given" value="LUMLEY"/>LUMLEY SMITH</persName> </hi>, Esq., K.C., Judge of the City of London Court, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-8" type="judiciaryName">
<interp inst="t19020113-name-8" type="gender" value="male"/>
<interp inst="t19020113-name-8" type="surname" value="BELL"/>
<interp inst="t19020113-name-8" type="given" value="JOHN CHARLES"/>JOHN CHARLES BELL</persName> </hi>, Esq., Alderman.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-9" type="judiciaryName">
<interp inst="t19020113-name-9" type="gender" value="male"/>
<interp inst="t19020113-name-9" type="surname" value="MARSHALL"/>
<interp inst="t19020113-name-9" type="given" value="HORACE BROOKS"/>HORACE BROOKS MARSHALL</persName> </hi>, Esq., M.A., J.P.</p>
<p>
<hi rend="italic">Sheriffs</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-10" type="judiciaryName">
<interp inst="t19020113-name-10" type="gender" value="male"/>
<interp inst="t19020113-name-10" type="surname" value="LANGTON"/>
<interp inst="t19020113-name-10" type="given" value="JOSEPH DAVID"/>JOSEPH DAVID LANGTON</persName> </hi>, Esq.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-11" type="judiciaryName">
<interp inst="t19020113-name-11" type="gender" value="male"/>
<interp inst="t19020113-name-11" type="surname" value="PHILLIPS"/>
<interp inst="t19020113-name-11" type="given" value="FRANCIS ROBERT MIDDLETON"/>FRANCIS ROBERT MIDDLETON PHILLIPS</persName> </hi>, Esq.</p>
<p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="190201130003"/>
<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi> </p>
<p>
<hi rend="largeCaps">DIMSDALE, MAYOR. SECOND SESSION</hi>.</p>
<p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—a dagger</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, January</hi> 13
<hi rend="italic">th</hi>, 1902.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<interp inst="t19020113-105" type="date" value="19020113"/>
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<p>105.
<persName id="def1-105-19020113" type="defendantName">
<interp inst="def1-105-19020113" type="gender" value="male"/>
<interp inst="def1-105-19020113" type="age" value="82"/>
<interp inst="def1-105-19020113" type="surname" value="HEATH"/>
<interp inst="def1-105-19020113" type="given" value="WALTER"/>
<hi rend="largeCaps">WALTER HEATH</hi> (82)</persName>,
<hi rend="smallCaps">
<rs id="t19020113-105-verdict-1" type="verdictDescription">
<interp inst="t19020113-105-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-105-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t19020113-105-offence-1" type="offenceDescription">
<interp inst="t19020113-105-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020113-105-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>stealing £13, the money of
<persName id="t19020113-name-13" type="victimName">
<interp inst="t19020113-name-13" type="gender" value="male"/>
<interp inst="t19020113-name-13" type="surname" value="WHITEHEAD"/>
<interp inst="t19020113-name-13" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-105-offence-1 t19020113-name-13"/>George Whitehead</persName>, his master,
<hi rend="italic">also</hi> to stealing £19 4s., the money of
<persName id="t19020113-name-14" type="victimName">
<interp inst="t19020113-name-14" type="gender" value="male"/>
<interp inst="t19020113-name-14" type="surname" value="MANNING"/>
<interp inst="t19020113-name-14" type="given" value="HENRY JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-105-offence-1 t19020113-name-14"/>Henry John Manning</persName>, his master, having been convicted of felony at Clerkenwell on November 6th, 1900. </rs>
<hi rend="italic">
<rs id="t19020113-105-punishment-1" type="punishmentDescription">
<interp inst="t19020113-105-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-105-punishment-1" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-105-19020113 t19020113-105-punishment-1"/>Eighteen months' hard labour.</rs> </hi> </p> </div1>
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<p>(106)
<persName id="def1-2-19020113" type="defendantName">
<interp inst="def1-2-19020113" type="gender" value="male"/>
<interp inst="def1-2-19020113" type="surname" value="WAKEFIELD"/>
<interp inst="def1-2-19020113" type="given" value="THOMAS GEORGE"/>
<hi rend="largeCaps">THOMAS GEORGE WAKEFIELD</hi> </persName>
<rs id="t19020113-2-offence-1" type="offenceDescription">
<interp inst="t19020113-2-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020113-2-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering an undertaking for the payment of 10s. 6d. with intent to defraud;
<hi rend="italic">also</hi> an undertaking for £1 1s. with intent to defraud. </rs>
<hi rend="italic">
<rs id="t19020113-2-punishment-2" type="punishmentDescription">
<interp inst="t19020113-2-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-2-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-2-19020113 t19020113-2-punishment-2"/>Six months' in the Second Division.</rs> </hi>
<rs id="t19020113-2-verdict-1" type="verdictDescription">
<interp inst="t19020113-2-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-2-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<p>(107)
<persName id="def1-3-19020113" type="defendantName">
<interp inst="def1-3-19020113" type="gender" value="male"/>
<interp inst="def1-3-19020113" type="age" value="29"/>
<interp inst="def1-3-19020113" type="surname" value="RIDGWELL"/>
<interp inst="def1-3-19020113" type="given" value="FREDERICK JOHN"/>
<hi rend="largeCaps">FREDERICK JOHN RIDGWELL</hi> (29)</persName>
<rs id="t19020113-3-offence-1" type="offenceDescription">
<interp inst="t19020113-3-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020113-3-offence-1" type="offenceSubcategory" value="mail"/>, to stealing, while employed under the Post Office, a post-letter containing a Postal Order for 10s. 6d., the property of the Postmaster-General. </rs>
<hi rend="italic">
<rs id="t19020113-3-punishment-3" type="punishmentDescription">
<interp inst="t19020113-3-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-3-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-3-19020113 t19020113-3-punishment-3"/>Nine months' hard labour.</rs> </hi>
<rs id="t19020113-3-verdict-1" type="verdictDescription">
<interp inst="t19020113-3-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-3-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<interp inst="t19020113-4" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-4" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-4-charge-1" targOrder="Y" targets="def1-4-19020113 t19020113-4-offence-1 t19020113-4-verdict-1"/>
<p>(108)
<persName id="def1-4-19020113" type="defendantName">
<interp inst="def1-4-19020113" type="gender" value="male"/>
<interp inst="def1-4-19020113" type="age" value="38"/>
<interp inst="def1-4-19020113" type="surname" value="LACEY"/>
<interp inst="def1-4-19020113" type="given" value="WALTER"/>
<hi rend="largeCaps">WALTER LACEY</hi> (38)</persName>
<rs id="t19020113-4-offence-1" type="offenceDescription">
<interp inst="t19020113-4-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020113-4-offence-1" type="offenceSubcategory" value="forgery"/>, to forging an authority for the withdrawal of £10 from the Post Office Savings Bank.</rs>
<hi rend="italic">
<rs id="t19020113-4-punishment-4" type="punishmentDescription">
<interp inst="t19020113-4-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-4-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-19020113 t19020113-4-punishment-4"/>Three months' in the Second Division.</rs> </hi>
<rs id="t19020113-4-verdict-1" type="verdictDescription">
<interp inst="t19020113-4-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-4-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<interp inst="t19020113-5" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-5" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-5-charge-1" targOrder="Y" targets="def1-5-19020113 t19020113-5-offence-1 t19020113-5-verdict-1"/>
<p>(109)
<persName id="def1-5-19020113" type="defendantName">
<interp inst="def1-5-19020113" type="gender" value="male"/>
<interp inst="def1-5-19020113" type="age" value="34"/>
<interp inst="def1-5-19020113" type="surname" value="MOULTON"/>
<interp inst="def1-5-19020113" type="given" value="JOSEPH EDWARD"/>
<hi rend="largeCaps">JOSEPH EDWARD MOULTON</hi> (34)</persName>
<rs id="t19020113-5-offence-1" type="offenceDescription">
<interp inst="t19020113-5-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020113-5-offence-1" type="offenceSubcategory" value="mail"/>, to stealing, while employed under the Post Office, a post-letter containing two Postal Orders for 4s. and 10s., the property of the Postmaster-General. </rs>
<hi rend="italic">
<rs id="t19020113-5-punishment-5" type="punishmentDescription">
<interp inst="t19020113-5-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-5-punishment-5" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-5-19020113 t19020113-5-punishment-5"/>Nine months' hard labour.</rs> </hi>
<rs id="t19020113-5-verdict-1" type="verdictDescription">
<interp inst="t19020113-5-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<interp inst="t19020113-6" type="uri" value="sessionsPapers/19020113"/>
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<join result="criminalCharge" id="t19020113-6-charge-1" targOrder="Y" targets="def1-6-19020113 t19020113-6-offence-1 t19020113-6-verdict-1"/>
<join result="criminalCharge" id="t19020113-6-charge-2" targOrder="Y" targets="def1-6-19020113 t19020113-6-offence-2 t19020113-6-verdict-1"/>
<p>(110)
<persName id="def1-6-19020113" type="defendantName">
<interp inst="def1-6-19020113" type="gender" value="male"/>
<interp inst="def1-6-19020113" type="surname" value="WILKINSON"/>
<interp inst="def1-6-19020113" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WILKINSON</hi> </persName>
<rs id="t19020113-6-offence-1" type="offenceDescription">
<interp inst="t19020113-6-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020113-6-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling £23 9s. 6d., £18 5s. 9d., £9 7s. 2d. and £4 15s., the moneys of
<persName id="t19020113-name-20" type="victimName">
<interp inst="t19020113-name-20" type="gender" value="male"/>
<interp inst="t19020113-name-20" type="surname" value="GRAHAM"/>
<interp inst="t19020113-name-20" type="given" value="JOHN TAYLOR"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-6-offence-1 t19020113-name-20"/>John Taylor Graham</persName>, his master</rs>;
<hi rend="italic">also</hi>, to
<rs id="t19020113-6-offence-2" type="offenceDescription">
<interp inst="t19020113-6-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19020113-6-offence-2" type="offenceSubcategory" value="forgery"/>forging and uttering the endorsement on an order for the payment of £4 15s, with intent to defraud.
<hi rend="italic">The prisoner's total defalcations were</hi>£216 11s</rs>.
<hi rend="italic">
<rs id="t19020113-6-punishment-6" type="punishmentDescription">
<interp inst="t19020113-6-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-6-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19020113 t19020113-6-punishment-6"/>Twelve months' hard labour.</rs> </hi> And
<rs id="t19020113-6-verdict-1" type="verdictDescription">
<interp inst="t19020113-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-6-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<interp inst="t19020113-7" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-7" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-7-charge-1" targOrder="Y" targets="def1-7-19020113 t19020113-7-offence-1 t19020113-7-verdict-1"/>
<p>(111)
<persName id="def1-7-19020113" type="defendantName">
<interp inst="def1-7-19020113" type="gender" value="male"/>
<interp inst="def1-7-19020113" type="surname" value="CORNISH"/>
<interp inst="def1-7-19020113" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR CORNISH</hi> </persName>
<rs id="t19020113-7-offence-1" type="offenceDescription">
<interp inst="t19020113-7-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020113-7-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing a bicycle, the property of
<persName id="t19020113-name-22" type="victimName">
<interp inst="t19020113-name-22" type="gender" value="male"/>
<interp inst="t19020113-name-22" type="surname" value="PORTER"/>
<interp inst="t19020113-name-22" type="given" value="CORNELIUS EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-7-offence-1 t19020113-name-22"/>Cornelius Edward Porter</persName>, having been convicted of felony at Clerkenwell on November 5th, 1898. </rs>
<hi rend="italic">Two other convictions were proved against him.
<rs id="t19020113-7-punishment-7" type="punishmentDescription">
<interp inst="t19020113-7-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-7-punishment-7" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-19020113 t19020113-7-punishment-7"/>Twelve months' hard labour</rs>.</hi>
<rs id="t19020113-7-verdict-1" type="verdictDescription">
<interp inst="t19020113-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-7-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>
<hi rend="italic">Monday, January</hi> 13
<hi rend="italic">th</hi>, 1902.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t19020113-112">
<interp inst="t19020113-112" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-112" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-112-charge-1" targOrder="Y" targets="def1-112-19020113 t19020113-112-offence-1 t19020113-112-verdict-1"/>
<p>112.
<persName id="def1-112-19020113" type="defendantName">
<interp inst="def1-112-19020113" type="gender" value="male"/>
<interp inst="def1-112-19020113" type="age" value="40"/>
<interp inst="def1-112-19020113" type="surname" value="HARVEY"/>
<interp inst="def1-112-19020113" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE HARVEY</hi> (40)</persName>,
<hi rend="smallCaps">
<rs id="t19020113-112-verdict-1" type="verdictDescription">
<interp inst="t19020113-112-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-112-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t19020113-112-offence-1" type="offenceDescription">
<interp inst="t19020113-112-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19020113-112-offence-1" type="offenceSubcategory" value="coiningOffences"/>uttering three counterfeit coins on the same day. </rs>
<hi rend="italic">
<rs id="t19020113-112-punishment-8" type="punishmentDescription">
<interp inst="t19020113-112-punishment-8" type="punishmentCategory" value="noPunish"/>
<interp inst="t19020113-112-punishment-8" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-112-19020113 t19020113-112-punishment-8"/>Judgment respited.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19020113-113">
<interp inst="t19020113-113" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-113" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-113-charge-1" targOrder="Y" targets="def1-113-19020113 t19020113-113-offence-1 t19020113-113-verdict-1"/>
<xptr type="pageFacsimile" doc="190201130004"/>
<p>113.
<persName id="def1-113-19020113" type="defendantName">
<interp inst="def1-113-19020113" type="gender" value="male"/>
<interp inst="def1-113-19020113" type="age" value="28"/>
<interp inst="def1-113-19020113" type="surname" value="WILLIAMS"/>
<interp inst="def1-113-19020113" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WILLIAMS</hi> (28)</persName>
<rs id="t19020113-113-offence-1" type="offenceDescription">
<interp inst="t19020113-113-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19020113-113-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MR. WILKINSON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-25" type="witnessName">
<interp inst="t19020113-name-25" type="gender" value="female"/>
<interp inst="t19020113-name-25" type="surname" value="JORNS"/>
<interp inst="t19020113-name-25" type="given" value="ANNIE"/>ANNIE JORNS</persName> </hi>. I assist in a confectioner's shop at 5, The Mall, Ealing—one evening in December the prisoner came in for some chocolate and almonds, price 4d., and gave me a bad florin—I bent it in the till tester and it bent nearly in half, so much that anybody could see it was bad afterwards—I said, "Did you know this was bad?"—he made no answer—I gave it back to him, and he gave me a good sixpence without my asking him—he took that from his right-hand pocket, but he had the bad coin in his hand—I gave him 1s. 2d. change, but that was 2d. too much; I made a mistake—he left, and I next saw him with others at the police court and pointed him out.</p>
<p>
<hi rend="italic">Cross-examined by the prisoner.</hi> I bent it considerably.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-26" type="witnessName">
<interp inst="t19020113-name-26" type="gender" value="female"/>
<interp inst="t19020113-name-26" type="surname" value="JACKMAN"/>
<interp inst="t19020113-name-26" type="given" value="LILIAN"/>LILIAN JACKMAN</persName> </hi>. I am 13 years old, and live with my aunt and uncle, Mr. and Mrs. Edwards, at 1, Spring Bridge, Ealing—they keep a tobacconist's shop and I help—on December 17th, about 7 p.m., the prisoner came in and asked for a twopenny cigar and a packet of Christmas fancies—he gave me a florin—I called my aunt and gave it to her—she gave him change and he left,—I squeezed my aunt's hand to keep the coin, and went out and saw the prisoner standing still, speaking to another man by St. George's Church—I asked him to come back to Mrs. Edwards—he went back with me, and I saw him bring out more money—my uncle and aunt were there.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-27" type="witnessName">
<interp inst="t19020113-name-27" type="gender" value="female"/>
<interp inst="t19020113-name-27" type="surname" value="EDWARDS"/>
<interp inst="t19020113-name-27" type="given" value="ADA"/>ADA EDWARDS</persName> </hi>. My husband is a tobacconist of 1, Spring Bridge, Ealing—on December 19th, my niece called me into the shop and gave me a florin—I gave the man 1s. 9d. change and he left—I then tried the coin—it was not at all bent, but I bent it—when the prisoner came back with my niece I said, "This is a bad coin, did you know it?"—he said "No"—I asked him if he knew where he had it—he said "Yes," and he would take it back, and gave me a good half-crown—I gave the coin to my husband—this is the bad coin.</p>
<p>
<hi rend="italic">Cross-examined.</hi> You asked if you might have the florin back—my husband said that he would keep it, and I know he had it afterwards.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-28" type="witnessName">
<interp inst="t19020113-name-28" type="gender" value="male"/>
<interp inst="t19020113-name-28" type="surname" value="ELWARDS"/>
<interp inst="t19020113-name-28" type="given" value="FRANCIS ALBERT"/>FRANCIS ALBERT ELWARDS</persName> </hi>. I am the husband of the last witness—on the evening of December 19th, I went into the shop and found the prisoner there—my wife handed me a coin, I believe this is it—I asked him where he got it—he said in his wages—I said that I must detain it—he said "I cannot afford to lose it"—I said "I cannot afford to lose the other money, and must take you to the station"—I asked his name—he said "George Williams, 16, Thomas Street, Shepherd's Bush"—he left, and I went after him, and went to the police station—as I came back with a policeman we saw the prisoner crossing the road and coming towards us—he was on the same side with us, but it was very dark—I followed him and he was stopped—I gave the coin to the inspector at the station.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-29" type="witnessName">
<interp inst="t19020113-name-29" type="gender" value="male"/>
<interp inst="t19020113-name-29" type="surname" value="PARSONS"/>
<interp inst="t19020113-name-29" type="given" value="THOMAS"/>THOMAS PARSONS</persName> </hi> (
<hi rend="italic">Police Sergeant</hi>, 11
<hi rend="italic">X.</hi>) Mr. Edwards called me from the police station—I went out with him and saw the prisoner walking towards us on the same side of the road, but as soon as he saw us he</p>
<xptr type="pageFacsimile" doc="190201130005"/>
<p>crossed the road—he was about forty yards from us—I went over and told him I was a police officer, as I was in plain clothes, and should take him to the station on a charge of uttering counterfeit coin—he said, "All right"—I searched him at the station and found three shillings, one sixpence, tenpence in bronze, three cigars, one cigarette, and two packets of sweets (
<hi rend="italic">Produced</hi>)—there is a description of the articles on one of the-bags—he was asked his name and address, he said, "No home"—I have made inquiries and there is no such street as Thomas Street, Shepherd's Bush—the inspector produced the counterfeit florin.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-30" type="witnessName">
<interp inst="t19020113-name-30" type="gender" value="male"/>
<interp inst="t19020113-name-30" type="surname" value="FOOTE"/>
<interp inst="t19020113-name-30" type="given" value="ALFRED"/>ALFRED FOOTE</persName> </hi> (
<hi rend="italic">Police Inspector, X.</hi>) Mr. Edwards handed me this coin at the station and I examined it at the time—it was bent, but I straightened it.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-31" type="witnessName">
<interp inst="t19020113-name-31" type="gender" value="male"/>
<interp inst="t19020113-name-31" type="surname" value="WEBSTER"/>
<interp inst="t19020113-name-31" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. This coin is counterfeit.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> If I had known it was bad I could have got into a car which passes every few minutes. I did my best to rectify my mistake—I came back to the same spot and was arrested there.</p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-113-verdict-1" type="verdictDescription">
<interp inst="t19020113-113-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-113-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">Five previous convictions were proved against him.
<rs id="t19020113-113-punishment-9" type="punishmentDescription">
<interp inst="t19020113-113-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-113-punishment-9" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-113-19020113 t19020113-113-punishment-9"/>Twelve months' hard labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19020113-114">
<interp inst="t19020113-114" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-114" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-114-charge-1" targOrder="Y" targets="def1-114-19020113 t19020113-114-offence-1 t19020113-114-verdict-1"/>
<p>114.
<persName id="def1-114-19020113" type="defendantName">
<interp inst="def1-114-19020113" type="gender" value="male"/>
<interp inst="def1-114-19020113" type="age" value="24"/>
<interp inst="def1-114-19020113" type="surname" value="KLAPONICK"/>
<interp inst="def1-114-19020113" type="given" value="LOUIS"/>
<hi rend="largeCaps">LOUIS KLAPONICK</hi> (24)</persName>
<rs id="t19020113-114-offence-1" type="offenceDescription">
<interp inst="t19020113-114-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19020113-114-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MR. PARTRIDGE</hi>
<hi rend="italic">Prosecuted, and the evidence was interpreted to the Prisoner.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-33" type="witnessName">
<interp inst="t19020113-name-33" type="gender" value="male"/>
<interp inst="t19020113-name-33" type="surname" value="HAMILTON"/>
<interp inst="t19020113-name-33" type="given" value="LEONARD"/>LEONARD HAMILTON</persName> </hi>. I am booking clerk at Shadwell Railway Station—on December 13 at 7.30 p.m. the prisoner came and asked in English for a return ticket for Highbury—the price is eightpence—he tendered a five-shilling piece—I told him it was a bad colour and bent it in the tester and told him it was bad—he said, "I know where I got it; I will take it back"—I straightened it and gave it back to him, and he left'.</p>
<p>
<hi rend="italic">Cross-examined.</hi> "When I was testing it you said, If it is a bad coin break it."</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-34" type="witnessName">
<interp inst="t19020113-name-34" type="gender" value="male"/>
<interp inst="t19020113-name-34" type="surname" value="ELLIS"/>
<interp inst="t19020113-name-34" type="given" value="JOHN"/>JOHN ELLIS</persName> </hi>. I am fourteen years old, and help my father, who keeps the Railway Arms opposite the Shadwell Railway Station—on December 13th about 7.30 I was in the bar, and the prisoner walked by twice and looked in at the window each time, and then came in and called for a glass of ale, price Id.—he put down this 5s. piece (
<hi rend="italic">Produced</hi>) very lightly, I did not hear any sound—I tried it with acid, and said, "This is bad"—he said, "What! bad money," and looked a bit surprised—I called my father and gave it to him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-35" type="witnessName">
<interp inst="t19020113-name-35" type="gender" value="male"/>
<interp inst="t19020113-name-35" type="surname" value="ELLIS"/>
<interp inst="t19020113-name-35" type="given" value="PHILLIP"/>PHILLIP ELLIS</persName> </hi>. I keep the Railway Tavern—my son called me and gave me this coin—I asked the prisoner if he had got any more, he said,—' "No"—he spoke fluent English—I sent for a constable.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-36" type="witnessName">
<interp inst="t19020113-name-36" type="gender" value="male"/>
<interp inst="t19020113-name-36" type="surname" value="BUTCHER"/>
<interp inst="t19020113-name-36" type="given" value="SAMUEL"/>SAMUEL BUTCHER</persName> </hi> (103
<hi rend="italic">H.</hi>) I was called on December 13th, and spoke to the prisoner in English—he said, "I did not know it was bad"—I took him to the station—I only found a halfpenny on him—on the way to the station he said, "The girl I am living with changed a sovereign in Petticoat Lane, and received two five-shilling pieces with other money in</p>
<xptr type="pageFacsimile" doc="190201130006"/>
<p>change"—he was charged with passing it and said, "If I had wanted to pass it I could have got rid of it," and that he took it to the railway station, and the clerk refused to take it—I sent for the booking clerk, and the prisoner then said in English that he took it at the station.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-37" type="witnessName">
<interp inst="t19020113-name-37" type="gender" value="male"/>
<interp inst="t19020113-name-37" type="surname" value="WEBSTER"/>
<interp inst="t19020113-name-37" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. I am inspector of coin to the Mint—this coin is bad.</p>
<p>
<hi rend="italic">Prisoner's defence.</hi> I asked a girl where I went to learn English to give me some money, as I had to be at the Polytechnic at 7.30.; she told me to go to the box and take some—I saw a half-crown and a five-shilling piece. I took the five-shilling piece, went to the railway station and asked for a return ticket, and the clerk said, "This coin has a bad colour."I said, "If it has that does not mean that it is a false coin." I went out and being too late for my lesson, I went into the shop and said to myself, "I will try and hear what they say," and was locked up—
<hi rend="smallCaps">
<rs id="t19020113-114-verdict-1" type="verdictDescription">
<interp inst="t19020113-114-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-114-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t19020113-114-punishment-10" type="punishmentDescription">
<interp inst="t19020113-114-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-114-punishment-10" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-114-19020113 t19020113-114-punishment-10"/>One month hard labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19020113-115">
<interp inst="t19020113-115" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-115" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-115-charge-1" targOrder="Y" targets="def1-115-19020113 t19020113-115-offence-1 t19020113-115-verdict-1"/>
<p>115.
<persName id="def1-115-19020113" type="defendantName">
<interp inst="def1-115-19020113" type="gender" value="male"/>
<interp inst="def1-115-19020113" type="age" value="72"/>
<interp inst="def1-115-19020113" type="surname" value="PETERS"/>
<interp inst="def1-115-19020113" type="given" value="ARTHUR WELLESLEY"/>
<hi rend="largeCaps">ARTHUR WELLESLEY PETERS</hi> (72)</persName>
<rs id="t19020113-115-offence-1" type="offenceDescription">
<interp inst="t19020113-115-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19020113-115-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MR. PARTRIDGE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-39" type="witnessName">
<interp inst="t19020113-name-39" type="gender" value="female"/>
<interp inst="t19020113-name-39" type="surname" value="PERRY"/>
<interp inst="t19020113-name-39" type="given" value="MARY"/>MARY PERRY</persName> </hi>. I am barmaid at the Ship Hotel, Falcon Court, City—one day in December the prisoner came in for a pint of ale and tendered a shilling—I told him it was bad, and took it to the manageress, who bent it and gave it to me—I gave it back to the prisoner, and he gave me a good one—on January 1st, the prisoner came again—I recognised him the moment he came in—he asked for a half-pint of ale, and tendered a shilling—I took it to the same manageress—she said, "This is the same man"—the prisoner was walking out—a policeman had been sent for, and he was made to come back—he did not ask for his change.</p>
<p>
<hi rend="italic">Cross-examined by the prisoner.</hi> I do not know what day it was, but it was rather more than a fortnight before January 1st—the coin was returned to you with a caution, because I thought you were an honest man.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-40" type="witnessName">
<interp inst="t19020113-name-40" type="gender" value="female"/>
<interp inst="t19020113-name-40" type="surname" value="LUXTON"/>
<interp inst="t19020113-name-40" type="given" value="MARY"/>MARY LUXTON</persName> </hi>. I am manageress of the Ship Hotel—some time before January 1st, the prisoner came in between 4.30 and 4.35—business was slack—I saw him again on January 1st, and recognised him as the same man.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-41" type="witnessName">
<interp inst="t19020113-name-41" type="gender" value="male"/>
<interp inst="t19020113-name-41" type="surname" value="CHASTON"/>
<interp inst="t19020113-name-41" type="given" value="ROBERT"/>ROBERT CHASTON</persName> </hi> (773,
<hi rend="italic">City</hi>). I was called—the manager said that the prisoner had passed a bad shilling, and had done so a fortnight before—the prisoner did not dispute it—I searched him at the station and found a sixpence and 1 1/2 d.—he said, "My name is Arthur Wellesby Peters; I will not
<hi rend="italic">give</hi> any address or any account of myself."</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-42" type="witnessName">
<interp inst="t19020113-name-42" type="gender" value="male"/>
<interp inst="t19020113-name-42" type="surname" value="WEBSTER"/>
<interp inst="t19020113-name-42" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. This coin is bad.</p>
<p>
<hi rend="italic">Prisoner's defence.</hi> "A few weeks before" is a long time to remember a person who has a glass of ale, and I ask you to give me the benefit of the doubt. I passed the shilling innocently on January 1st. I do not know where I got it.</p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-115-verdict-1" type="verdictDescription">
<interp inst="t19020113-115-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-115-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t19020113-115-punishment-11" type="punishmentDescription">
<interp inst="t19020113-115-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-115-punishment-11" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-115-19020113 t19020113-115-punishment-11"/>Six months' hard labour.</rs> </hi> </p> </div1>
<xptr type="pageFacsimile" doc="190201130007"/>
<p>
<hi rend="largeCaps">OLD COURT</hi>
<hi rend="italic">Tuesday, January</hi> 14
<hi rend="italic">th</hi>, 1902.</p>
<p>
<hi rend="italic">Before Mr. Commissioner L. Smith, K.C.</hi> </p>
<div1 type="trialAccount" id="t19020113-116">
<interp inst="t19020113-116" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-116" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-116-charge-1" targOrder="Y" targets="def1-116-19020113 t19020113-116-offence-1 t19020113-116-verdict-1"/>
<p>116.
<persName id="def1-116-19020113" type="defendantName">
<interp inst="def1-116-19020113" type="gender" value="female"/>
<interp inst="def1-116-19020113" type="surname" value="SCOTT"/>
<interp inst="def1-116-19020113" type="given" value="MARY"/>
<hi rend="largeCaps">MARY SCOTT</hi>. </persName>
<rs id="t19020113-116-offence-1" type="offenceDescription">
<interp inst="t19020113-116-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020113-116-offence-1" type="offenceSubcategory" value="forgery"/> Forging and uttering an order for the payment of 10s., with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MR. BOYD</hi>
<hi rend="italic">for the prosecution offered no evidence.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-116-verdict-1" type="verdictDescription">
<interp inst="t19020113-116-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19020113-116-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t19020113-117">
<interp inst="t19020113-117" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-117" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-117-charge-1" targOrder="Y" targets="def1-117-19020113 t19020113-117-offence-1 t19020113-117-verdict-1"/>
<p>117.
<persName id="def1-117-19020113" type="defendantName">
<interp inst="def1-117-19020113" type="gender" value="male"/>
<interp inst="def1-117-19020113" type="age" value="25"/>
<interp inst="def1-117-19020113" type="surname" value="GLEADOWE"/>
<interp inst="def1-117-19020113" type="given" value="CHAS"/>
<hi rend="largeCaps">CHAS. GLEADOWE</hi> (25)</persName>
<rs id="t19020113-117-offence-1" type="offenceDescription">
<interp inst="t19020113-117-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020113-117-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining from
<persName id="t19020113-name-45" type="victimName">
<interp inst="t19020113-name-45" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-117-offence-1 t19020113-name-45"/>Wheeler &Co</persName>. 3 vests, 3 pairs of pants and other goods, by false pretences.
<hi rend="italic">Another Count</hi>, unlawfully incurring a debt and liability with
<persName id="t19020113-name-46" type="victimName">
<interp inst="t19020113-name-46" type="gender" value="female"/>
<interp inst="t19020113-name-46" type="surname" value="EDWARDS"/>
<interp inst="t19020113-name-46" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-117-offence-1 t19020113-name-46"/>Sarah Edwards</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. WALSH</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-47" type="witnessName">
<interp inst="t19020113-name-47" type="gender" value="male"/>
<interp inst="t19020113-name-47" type="surname" value="PICKERING"/>
<interp inst="t19020113-name-47" type="given" value="FRANK LENTON"/>FRANK LENTON PICKERING</persName> </hi>. I am salesman to Wheeler & Co., Ltd., of Poultry and Queen Victoria Street—I was in the Queen Victoria Street department on November 29th, about mid-day—the prisoner came in and said that he had not an account with us, but he wanted to order some goods—he wrote his name on a piece of paper, as he said he had not got a card with him—I have not that piece of paper now—I have searched for it, but it cannot be found—in the ordinary course it would be sent up to be booked in the order books—the prisoner wrote "S. Wechsler, 1, Kensington Gardens Square, and The Yost Typewriter Co., Ltd., Holborn Viaduct"—he also wrote some references on the piece of paper—one was Oetzman, Ltd., Hampstead Road, and the other, the Birkbeck Bank—I took his order; this is a list of the things he bought—they are vests, pants, ties, an umbrella, an overcoat, a hat, and other things—I did not sell him the last three items on the bill—the total amount is. £19 17s., and they were all delivered by our man, on December 4th—the bill was made out to S. Weehsler—before December 4th we made an inquiry at Oetzman's, and received this letter from them (
<hi rend="italic">This stated that if their inquiry referred to Mr. S. Wechsler of the Yost Co., they considered the credit men
<lb/>tioned would be justified.</hi>)—I have seen some of the goods since, they were produced to me by Inspector Holmes—I have identified them.</p>
<p>
<hi rend="italic">Cross-examined by the prisoner</hi>—If I had thought; that you were not Mr. Wechsler I should not have served you—I did not make a mistake in copying the name—I am not an expert in handwriting—I did not write "r" instead of "a," making "Wechsler" instead of "Wechslea."</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-48" type="witnessName">
<interp inst="t19020113-name-48" type="gender" value="male"/>
<interp inst="t19020113-name-48" type="surname" value="DALE"/>
<interp inst="t19020113-name-48" type="given" value="JAMES"/>JAMES DALE</persName> </hi>. I am in the tailoring department of Messrs. Wheeler, at Queen Victoria Street—the prisoner came in on November 29th—I did not know him before that—he gave the name of S. Wechsler—I took an order from him for a Raglan overcoat, a morning coat and vest, and a fancy vest—they are the last three items on this bill—they came to £9 6s.—I got his address from Mr. Pickering and wrote it in our book—this is the Raglan overcoat—the prisoner is wearing the other clothes now.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The last witness did not give me your name when he gave me your address, because I had your name then—you gave me the name "S. Wechsler" yourself—I did not make a mistake in the name—I do not know if any account has been sent to you, or if any demand for payment has been made.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-49" type="witnessName">
<interp inst="t19020113-name-49" type="gender" value="male"/>
<interp inst="t19020113-name-49" type="surname" value="TOZER"/>
<interp inst="t19020113-name-49" type="given" value="ALBERT"/>ALBERT TOZER</persName> </hi>. I am a porter to Wheeler & Company, Ltd.—I remember delivering some goods at 1, Kensington Gardens Square, on, December 4th, addressed to S. Wechsler.</p>
<xptr type="pageFacsimile" doc="190201130008"/>
<p>
<hi rend="italic">Cross-examined.</hi> I did not deliver an account at the same time.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-50" type="witnessName">
<interp inst="t19020113-name-50" type="gender" value="female"/>
<interp inst="t19020113-name-50" type="surname" value="EDWARDS"/>
<interp inst="t19020113-name-50" type="given" value="SARAH"/>SARAH EDWARDS</persName> </hi>. I am single, and live at 1, Kensington Gardens Square—the prisoner came to live at my house as a boarder on November 27th—he said his name was Mr. S. Wechsler, and that he had a type-writing business in the city—he stayed a week and a day—I believed his state
<lb/>ment as to his position—I gave him credit for the week—his bill came to 28s.—I gave it to him on December 4th—some parcels came for him on December 4th—he left on December 5th—he did not give me notice that he was leaving, and did not pay his bill—he only stayed one night after the parcels arrived—he did not say that anything was wrong with his bill.</p>
<p>
<hi rend="italic">Cross-examined.</hi> You wrote "S. Wechsler" on a piece of paper—I am sure I did not make a mistake about the name—I gave you a key to the house—I had no objection to your carrying it about with you—you told me I could have references when you came, bat you only gave me the name of one.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-51" type="witnessName">
<interp inst="t19020113-name-51" type="gender" value="male"/>
<interp inst="t19020113-name-51" type="surname" value="WECHSLER"/>
<interp inst="t19020113-name-51" type="given" value="SAMUEL"/>SAMUEL WECHSLER</persName> </hi>. I am manager to the Yost Typewriting Co., Ltd., Holborn—I did not go at any time in November to Wheeler & Co. to order any goods, nor did I authorise the prisoner to do so—I employed him as shorthand writer from May last year to the end of August—I discharged him on suspicion of stealing postal orders—I knew him as Wechslea Ellerton—he would get to know something of my private affairs—I moved from my house, and Messrs. Oetzman did some of the moving for me—the prisoner would know that—I had business transact
<lb/>tions with the Birkbeck Bank while he was in my employ—I did not know anything of his going to the lodging house in Kensington Gardens Square.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am never called Wechslea—my initial is "S," not "A"—when I heard somebody had been to Wheeler to get the goods, I only suspected you; you were living in the same boarding house as one of my travellers, and that helped in your arrest—I gave the police information, and I told them that if you were the person, I was in a position to hand you over to the police because one of my travellers had mentioned to me that morning that you had come to stay in that boarding house—for all I know, you may have done business with the two references—you could only have used my name to defraud.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-52" type="witnessName">
<interp inst="t19020113-name-52" type="gender" value="male"/>
<interp inst="t19020113-name-52" type="surname" value="YOUNG"/>
<interp inst="t19020113-name-52" type="given" value="RICHARD"/>RICHARD YOUNG</persName> </hi>. I am manager to Mr. Chester, pawnbroker, of Stanhope Street, Strand—on December 9th, the prisoner brought a waistcoat, some pants, and a
<hi rend="italic">singlet</hi> to pawn—he gave the name of Arthur Ellerton—I let him have 4s. on them.</p>
<p>
<hi rend="smallCaps">F. L. PICKERING</hi> (
<hi rend="italic">He-examined</hi>). These goods (
<hi rend="italic">Produced</hi>) are the ones I sold; they came from our shop.</p>
<p>----
<hi rend="smallCaps">MASLIN</hi>. I am a clerk to Messrs. Oetzman, of Hampstead Road—I do not know Mr. Wechsler personally—I know him as a man of business, and can give reference to his credit—I know nothing of the prisoner, and cannot give any reference to his credit.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I do not know that you had any dealings with us in September, or October, under the name of A. Ellerton Wechslea—we have a salesman named Stewart, he could have served you without my know
<lb/>ledge—I did not write this letter from our firm, our manager wrote it.</p>
<xptr type="pageFacsimile" doc="190201130009"/>
<p>
<hi rend="smallCaps">HOLMES</hi> (
<hi rend="italic">Detective Inspector, City.</hi>) I went to a boarding house at 15, Bedford Place, Russell Square, on December 19th—I saw the prisoner there, he had been there for six days—I said, to him "I am a police officer, and am going to charge you with stealing the goods, mentioned in this list by means of a trick"—he said, "Not me"—I produced it—I said, "What good for you to talk like that; you are wearing the clothes now"—he said, "Can't it be settled?"—I said, "Undoubtedly it will be settled later; show me the way to your bedroom"—in the room I found an overcoat, an umbrella, and a hat, all part of the property, lying on the bed—I said, "Where is the bag?"—he said, "At the railway station"—I said, "What railway station?"—he said "The Museum Station, Electric Railway"—I said, "Where is the ticket?"—he produced it—I took him into custody, and on the way to the City I called at the railway station and obtained the bag, which I have got here; it had been left there that afternoon—it had a lot of the property inside it, and I recovered some more from pawnbrokers, who gave it up when I went for it—I took the prisoner to the City and told him he would be charged with stealing it—he said, "I do not see how you can do so"—I said, "You have done so, and you will be detained here."</p>
<p>
<hi rend="italic">Cross-examined.</hi> I believe you have been known as Wechslea Ellerton nearly all the time you have been in London—I know a Mr. Anstell—I do not know if he is a personal friend of Mr. Wechsler—I believe he is a traveller for the Yost Typewriter Co.—I do not think it strange that you should have stayed on at Bedford Place because you obtained the goods as S. Wechsler—I have had two letters handed to me addressed to you—I opened them—I had no authority to do so—one of them was in reply to an application for some money.</p>
<p>
<hi rend="italic">The prisoner, in his defence, said that he obtained the goods on a bona fide order; that no trick was used; that he gave a name, address, and a reference at the shop; that the name he gave was Wechslea, not Wechsler; and that it was Pickering's fault if the name was taken down wrong; that he had done business with Oetzmans and had drawn cheques over the counter at the Birkbeck Bank; that no account had been sent in, and that if one had been, payment would have been made within twenty-four hours.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-117-verdict-1" type="verdictDescription">
<interp inst="t19020113-117-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-117-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He then</hi> </p>
<p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of forgery at Warwick On December 7th, 1898, when he was sentenced to seven, years' penal servi
<lb/>tude, two previous convictions being proved against him then.
<rs id="t19020113-117-punishment-12" type="punishmentDescription">
<interp inst="t19020113-117-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-117-punishment-12" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-118-19020113 t19020113-117-punishment-12"/> One month on the first charge, and three years' penal servitude on the second, to run concurrently</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t19020113-118">
<interp inst="t19020113-118" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-118" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-118-charge-1" targOrder="Y" targets="def1-118-19020113 t19020113-118-offence-1 t19020113-118-verdict-1"/>
<p>118.
<persName id="def1-118-19020113" type="defendantName">
<interp inst="def1-118-19020113" type="gender" value="male"/>
<interp inst="def1-118-19020113" type="age" value="65"/>
<interp inst="def1-118-19020113" type="surname" value="SLATTER"/>
<interp inst="def1-118-19020113" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS SLATTER</hi> (65)</persName>
<rs id="t19020113-118-offence-1" type="offenceDescription">
<interp inst="t19020113-118-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020113-118-offence-1" type="offenceSubcategory" value="forgery"/>, Forging and uttering the endorsement to a cheque for 18s., with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MR. INMAN</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-54" type="witnessName">
<interp inst="t19020113-name-54" type="gender" value="male"/>
<interp inst="t19020113-name-54" type="surname" value="LEVER"/>
<interp inst="t19020113-name-54" type="given" value="HENRY"/>HENRY LEVER</persName> </hi>. I carry on business as Lever Brothers, electricians, of 101, Daws Road, Fulham—the prisoner was my traveller—he had no authority to sign or endorse cheques—on December 3rd, Mr. Heatley brought me this cheque (
<hi rend="italic">Produced</hi>)—it is endorsed "Messrs. Lever Brothers," in the prisoner's writing—I did not authorise him to sign</p>
<xptr type="pageFacsimile" doc="190201130010"/>
<p>that—he was on my premises the day before, and he should, in the ordinary course of his duty, have come on December 13th, but he never came back.</p>
<p>
<hi rend="italic">Cross-examined by the prisoner.</hi> I had nothing out of the cheque—I believe the police have it now—I have given you authority to endorse postal orders under my supervision, which you brought to me when my hands were dirty—I had to complain several times of your being under the influence of drink—there were not two weeks' wages due to you; you overdrew your account 10s. the previous morning—you have lost me a good many customers.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. He delivered some goods and got this cheque, and never paid it to me—he stayed away three days. '</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-55" type="witnessName">
<interp inst="t19020113-name-55" type="gender" value="male"/>
<interp inst="t19020113-name-55" type="surname" value="EATLY"/>
<interp inst="t19020113-name-55" type="given" value="SAMUEL"/>SAMUEL EATLY</persName> </hi>. I am manager of the Lord Clyde, Escourt Road, Fulham—on December 12th, the prisoner came and asked if I was going to the bank—I said "Yes"—he asked me if I would run this cheque in for him, and he gave me 2s.—I gave him a pen and ink, and he signed it in my presence—it was returned by my bank—I went to Mr. Lever, and some time afterwards I spoke to the prisoner about it.</p>
<p>
<hi rend="italic">Cross-examined.</hi> You came back and were in my house for some time—I told you I had seen Mr. Lever, and advised you to go and see him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-56" type="witnessName">
<interp inst="t19020113-name-56" type="gender" value="male"/>
<interp inst="t19020113-name-56" type="surname" value="HUMPHREY"/>
<interp inst="t19020113-name-56" type="given" value="ISAAC"/>ISAAC HUMPHREY</persName> </hi> (
<hi rend="italic">Detective, B.</hi>) I arrested the prisoner on December 12th, at 12.45 a.m.—I told him that the charge was forging and uttering the cheque, and obtaining the money by fraud—he said, "Yes, Mr. Lever owes me money and I have a right to do so."</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not take some money out of your pocket at the station—you had about 11s. on you.</p>
<p>
<hi rend="italic">The Prisoner's defence.</hi> My expenses were about 10s. a week, but I only drew on one occasion, and at the end of the week we used to square up, but sometimes it went for three weeks, and on this occasion there were two weeks due to me. I worked very hard for Mr. Lever, and we were very great friends—I have been in business 42 years, and have never had anything against me before—if I wanted to commit a fraud I should not have done it on a paltry sum of 18s., when I had the opportunity of taking much larger amounts—I did this on the supposition that it was equivalent to signing postal orders—I had no criminal intention.</p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-118-verdict-1" type="verdictDescription">
<interp inst="t19020113-118-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19020113-118-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t19020113-119">
<interp inst="t19020113-119" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-119" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-119-charge-1" targOrder="Y" targets="def1-119-19020113 t19020113-119-offence-1 t19020113-119-verdict-1"/>
<p>119.
<persName id="def1-119-19020113" type="defendantName">
<interp inst="def1-119-19020113" type="gender" value="male"/>
<interp inst="def1-119-19020113" type="age" value="24"/>
<interp inst="def1-119-19020113" type="surname" value="MARSH"/>
<interp inst="def1-119-19020113" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY MARSH</hi> (24)</persName>
<rs id="t19020113-119-offence-1" type="offenceDescription">
<interp inst="t19020113-119-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020113-119-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing a watch and chain, the property of
<persName id="t19020113-name-58" type="victimName">
<interp inst="t19020113-name-58" type="gender" value="male"/>
<interp inst="t19020113-name-58" type="surname" value="RAWLINGS"/>
<interp inst="t19020113-name-58" type="given" value="JAMES ARMSTRONG"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-119-offence-1 t19020113-name-58"/>James Armstrong Rawlings</persName>, from his person.</rs> </p>
<p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-59" type="witnessName">
<interp inst="t19020113-name-59" type="gender" value="male"/>
<interp inst="t19020113-name-59" type="surname" value="RAWLINGS"/>
<interp inst="t19020113-name-59" type="given" value="JAMES ARMSTRONG"/>JAMES ARMSTRONG RAWLINGS</persName> </hi>. I am a merchant of 71, East Street—on December 3Oth about 5.30 p.m. I was in Great Tower Street on my way to Mark Lane Station, and the prisoner rushed across the road rather the reverse way, but he turned sharp round and snatched my chain, but left my watch—I struck at him with my umbrella, but do not know whether I hit him—there was a hue and cry after him, but I lost sight of him—he crossed the road and went down St. Dunstan's Hill, and was taken 100 yards away—my chain was worth about £10.</p>
<xptr type="pageFacsimile" doc="190201130011"/>
<p>
<hi rend="italic">Cross-examined by the prisoner.</hi> I had a good look at you, and am certain you are the man.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-60" type="witnessName">
<interp inst="t19020113-name-60" type="gender" value="male"/>
<interp inst="t19020113-name-60" type="surname" value="PRENTICE"/>
<interp inst="t19020113-name-60" type="given" value="NORMAN"/>NORMAN PRENTICE</persName> </hi>. I am a clerk at 9 and 10, Great Tower Street—on December 30th, at 5.30,1 came out of the office and saw Mr. Rawlings on the opposite side of the road—the prisoner crossed the road and did something with his hand and went down St. Dunstan's Hill—I have no doubt the prisoner is the man—he tried to thwart me—Mr. Rawlings had his umbrella up, and called "Stop, thief"—I never lost sight of him—nobody else was running away.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-61" type="witnessName">
<interp inst="t19020113-name-61" type="gender" value="male"/>
<interp inst="t19020113-name-61" type="surname" value="KING"/>
<interp inst="t19020113-name-61" type="given" value="HENRY"/>HENRY KING</persName> </hi> (757,
<hi rend="italic">City</hi>). I took the prisoner on St. Dunstan's Hill—he said, "I am not the one; I have nothing on me"—nothing was found on him—I took him about 100 yards from the spot—he had been stopped by a man and handed over to Mr. Rawlings—I searched for the chain, but it could not be found.</p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-119-verdict-1" type="verdictDescription">
<interp inst="t19020113-119-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-119-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He then</hi> </p>
<p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction at this Court on June 26th, 1899, and two other convictions were proved against him.—
<rs id="t19020113-119-punishment-13" type="punishmentDescription">
<interp inst="t19020113-119-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-119-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-119-19020113 t19020113-119-punishment-13"/>Twelve months hard labour, having to complete his former sentence</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t19020113-120">
<interp inst="t19020113-120" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-120" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-120-charge-1" targOrder="Y" targets="def1-120-19020113 t19020113-120-offence-1 t19020113-120-verdict-1"/>
<p>120.
<persName id="def1-120-19020113" type="defendantName">
<interp inst="def1-120-19020113" type="gender" value="male"/>
<interp inst="def1-120-19020113" type="age" value="36"/>
<interp inst="def1-120-19020113" type="surname" value="LANE"/>
<interp inst="def1-120-19020113" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES LANE</hi> (36)</persName>
<rs id="t19020113-120-offence-1" type="offenceDescription">
<interp inst="t19020113-120-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020113-120-offence-1" type="offenceSubcategory" value="burglary"/>, Burglary in the dwelling-house of
<persName id="t19020113-name-63" type="victimName">
<interp inst="t19020113-name-63" type="gender" value="male"/>
<interp inst="t19020113-name-63" type="surname" value="HOFT"/>
<interp inst="t19020113-name-63" type="given" value="RUDOLPH"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-120-offence-1 t19020113-name-63"/>Rudolph Hoft</persName>, and stealing a pair of ear-rings, and other articles, his property.
<hi rend="italic">Second Count</hi>, Receiving the same.</rs> </p>
<p>
<hi rend="smallCaps">MR. JOHNSON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-64" type="witnessName">
<interp inst="t19020113-name-64" type="gender" value="female"/>
<interp inst="t19020113-name-64" type="surname" value="HOFT"/>
<interp inst="t19020113-name-64" type="given" value="AUGUSTA"/>AUGUSTA HOFT</persName> </hi>. I am the wife of Rudolph Hoft, and we occupy two rooms on the ground floor at 36, Great Titchfield Street—on December 16th we went out together between 11 and 12 p.m.—we returned at 12.30 a.m., and I found the kitchen window broken, and some diamond ear
<lb/>rings, an overcoat, some watches, an umbrella, 4 gold rings, 4 silk handkerchiefs, and 4 yards of silk had been stolen, value £25—I had left my black poodle dog at home; when I got back he was ill and could not get up; he
<hi rend="italic">smelted deeply</hi>—these (
<hi rend="italic">Produced</hi>) are my goods.</p>
<p>
<hi rend="italic">Cross-examined by the prisoner.</hi> My husband sent a German fellow to you the night before you were apprehended—you told my husband that if he waited two days you would bring him the pawn tickets for some ear-rings and a brush, and my husband was to give you £5.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-65" type="witnessName">
<interp inst="t19020113-name-65" type="gender" value="male"/>
<interp inst="t19020113-name-65" type="surname" value="KIMMEL"/>
<interp inst="t19020113-name-65" type="given" value="GEORGE"/>GEORGE KIMMEL</persName> </hi>. I am a porter of 4, Gouse street—on December 17th, the prisoner came in in the afternoon—he had an overcoat and a watch—he said he had no use for them—I bought them—Detective Fox came afterwards and I gave them up—I did not see the prisoner any more till he was arrested—on the 16th he came in and put an umbrella under the mattress of our bed, and on the 17th, when he came he asked my wife if, she had found her Christmas present—she said "No," and he said "Well, "here it is," and pulled it out from under the mattress—these are the over-coat, the watch, and the umbrella (
<hi rend="italic">Produced</hi>).</p>
<p>
<hi rend="italic">Cross-examined.</hi> You did not tell me to pawn the things—I pawned them in the name of Smith, because I was short of money—you did not let me have the things back as there was a bit of a bother about them.</p>
<xptr type="pageFacsimile" doc="190201130012"/>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-66" type="witnessName">
<interp inst="t19020113-name-66" type="gender" value="female"/>
<interp inst="t19020113-name-66" type="surname" value="KIMMEL"/>
<interp inst="t19020113-name-66" type="given" value="ANNIE"/>ANNIE KIMMEL</persName> </hi>. I live at 4, Gouse street—I remember the prisoner coming on December 17th—he said, "Did you find your present? I gave you a present last night, I
<hi rend="italic">bring</hi> it home to you"—I said, "No, I did not find it"—he said, "Here is a present for you," and he picked the umbrella out of the bed—then he said, "I have got some nice ear-rings for you; I can do nothing with them"—he went away then—at night he came again and said the detectives were after him—I said I wanted to see a constable—one of the fellows with the prisoner went out for a constable—instead of bringing one back he came in and threw me down—they tried to get the ear-rings back—my little child called out "Mamma, mamma, Uncle Charlie wants to kill you"—that is the prisoner.</p>
<p>
<hi rend="italic">Cross-examined.</hi> You did not say you would get into trouble for having the property—I do not keep an immoral house.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-67" type="witnessName">
<interp inst="t19020113-name-67" type="gender" value="male"/>
<interp inst="t19020113-name-67" type="surname" value="GOSS"/>
<interp inst="t19020113-name-67" type="given" value="WALTER"/>WALTER GOSS</persName> </hi> (384
<hi rend="italic">D.</hi>) I arrested the prisoner about 6 p.m. on December 31st, in the Cambridge public house—I was on duty there in plain clothes—I said that I was a police officer and should arrest him for burglary on December 16th—he said, "You have made a mistake, I am not the man, there is a man very much like me"—I said, "You are the man I want"—he said, "I suppose it will be an identification job"—I took him to Tottenham Court Road Police Station.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-68" type="witnessName">
<interp inst="t19020113-name-68" type="gender" value="male"/>
<interp inst="t19020113-name-68" type="surname" value="BUXTON"/>
<interp inst="t19020113-name-68" type="given" value="JAMES"/>JAMES BUXTON</persName> </hi> (
<hi rend="italic">Police Sergeant.</hi>) I examined the premises at 36, Great Titchfield Street—an entry had been effected by getting over the area railings and forcing the kitchen window; the catch had been broken—I first saw the prisoner at 7 p.m. on December 31st—I said, "I am a police officer; you will be charged with committing a burglary at 36, Great Titch-field Street, and stealing a quantity of articles—he replied, "Yes, I heard about this, I had a coat, a watch, and an umbrella, I got them from a little German at Finch's in Mortimer Street about 10.30—I took them round to George's"; that is Kimmel's, "J gave him the coat, the watch was not much good, and I pawned it"—I produced the umbrella—I said, "This is the umbrella which was left behind '—he said, "Yes, that is the one I left there"—I said, "There are some diamonds that you gave to Mrs. Kimmel, and whom you assaulted when you obtained possession of them again"—he said, "I know nothing about them, I was drunk at the time."</p>
<p>
<hi rend="italic">Cross-examined.</hi> You told me you had given George two articles.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-69" type="witnessName">
<interp inst="t19020113-name-69" type="gender" value="male"/>
<interp inst="t19020113-name-69" type="surname" value="COOK"/>
<interp inst="t19020113-name-69" type="given" value="LIONEL"/>LIONEL COOK</persName> </hi>. I am an assistant to John Henry Faudel, pawnbroker, of 67, Berwick Street—this coat was pledged with us on December 18th, in the name of William Smith.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-70" type="witnessName">
<interp inst="t19020113-name-70" type="gender" value="male"/>
<interp inst="t19020113-name-70" type="surname" value="TOYLE"/>
<interp inst="t19020113-name-70" type="given" value="FRANCIS"/>FRANCIS TOYLE</persName> </hi>. I am assistant to Arthur Wright, pawnbroker, of 70, Shaftesbury Avenue—this watch was pawned with us on December 17th, in the name of Smith, for 2s.</p>
<p>
<hi rend="italic">The prisoner's statement before the Magistrate</hi>: "I am guilty of receiving the watch, umbrella, and coat, but know nothing of the robbery.'</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-71" type="witnessName">
<interp inst="t19020113-name-71" type="gender" value="female"/>
<interp inst="t19020113-name-71" type="surname" value="HOFT"/>
<interp inst="t19020113-name-71" type="given" value="AUGUSTA"/>AUGUSTA HOFT</persName> </hi> (
<hi rend="italic">Re-examined.</hi>) I lost some ear-rings—they were single-stone diamonds.</p>
<p>
<hi rend="italic">The prisoner, in his defence, said that he got the goods from a German in Finch's public house; that he was not guilty of the robbery; that he gave the things away; that he went to try and get them again; and that he was guilty of receiving the property.</hi> </p>
<p>
<rs id="t19020113-120-verdict-1" type="verdictDescription">
<interp inst="t19020113-120-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-120-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on the second Count.</hi> </rs>
<hi rend="italic">
<rs id="t19020113-120-punishment-14" type="punishmentDescription">
<interp inst="t19020113-120-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-120-punishment-14" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-120-19020113 t19020113-120-punishment-14"/>Twelve months' hard labour.</rs> </hi> </p> </div1>
<xptr type="pageFacsimile" doc="190201130013"/>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, January</hi> 15
<hi rend="italic">th</hi>, 1902.</p>
<p>
<hi rend="italic">Before Mr. Justice Jelf.</hi> </p>
<div1 type="trialAccount" id="t19020113-121">
<interp inst="t19020113-121" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-121" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-121-charge-1" targOrder="Y" targets="def1-121-19020113 t19020113-121-offence-1 t19020113-121-verdict-1"/>
<p>121.
<persName id="def1-121-19020113" type="defendantName">
<interp inst="def1-121-19020113" type="gender" value="male"/>
<interp inst="def1-121-19020113" type="age" value="54"/>
<interp inst="def1-121-19020113" type="surname" value="SMITH"/>
<interp inst="def1-121-19020113" type="given" value="JOSIAH"/>
<hi rend="largeCaps">JOSIAH SMITH</hi> (54)</persName>
<rs id="t19020113-121-offence-1" type="offenceDescription">
<interp inst="t19020113-121-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19020113-121-offence-1" type="offenceSubcategory" value="manslaughter"/>, Felonously killing and slaying
<persName id="t19020113-name-73" type="victimName">
<interp inst="t19020113-name-73" type="gender" value="female"/>
<interp inst="t19020113-name-73" type="surname" value="PERCY"/>
<interp inst="t19020113-name-73" type="given" value="ALICE MARGARET SEFTON"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-121-offence-1 t19020113-name-73"/>Alice Margaret Sefton Percy</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. HARRISON</hi>
<hi rend="italic">for the, prosecution offered no evidence.</hi>
<hi rend="smallCaps">
<rs id="t19020113-121-verdict-1" type="verdictDescription">
<interp inst="t19020113-121-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19020113-121-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t19020113-122">
<interp inst="t19020113-122" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-122" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-122-charge-1" targOrder="Y" targets="def1-122-19020113 t19020113-122-offence-1 t19020113-122-verdict-1"/>
<p>122.
<persName id="def1-122-19020113" type="defendantName">
<interp inst="def1-122-19020113" type="gender" value="male"/>
<interp inst="def1-122-19020113" type="age" value="23"/>
<interp inst="def1-122-19020113" type="surname" value="MANNING"/>
<interp inst="def1-122-19020113" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM MANNING</hi> (23)</persName>
<rs id="t19020113-122-offence-1" type="offenceDescription">
<interp inst="t19020113-122-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19020113-122-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously shooting at
<persName id="t19020113-name-75" type="victimName">
<interp inst="t19020113-name-75" type="gender" value="female"/>
<interp inst="t19020113-name-75" type="surname" value="WALKLETT"/>
<interp inst="t19020113-name-75" type="given" value="ANNIE"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-122-offence-1 t19020113-name-75"/>Annie Walklett</persName>, with intent to murder her.</rs> </p>
<p>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. BARRETT</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-76" type="witnessName">
<interp inst="t19020113-name-76" type="gender" value="male"/>
<interp inst="t19020113-name-76" type="surname" value="NICHOLLS"/>
<interp inst="t19020113-name-76" type="given" value="HENRY"/>HENRY NICHOLLS</persName> </hi> (11
<hi rend="italic">T.</hi>)
<hi rend="italic">Produced and proved a plan of the interior of the Mulberry Tree, Twickenham.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-77" type="witnessName">
<interp inst="t19020113-name-77" type="gender" value="female"/>
<interp inst="t19020113-name-77" type="surname" value="WALKLETT"/>
<interp inst="t19020113-name-77" type="given" value="ANNIE"/>ANNIE WALKLETT</persName> </hi>. I am the wife of George Henry Walklett, a shunter in the service of the Railway Company at Reading—I made the acquaintance of the prisoner at Reading at the beginning of September—he had just returned from South Africa—I became on very intimate terms with him—on October 13th I left my husband and went to a Mrs. Clifford's at 146, Caversham Road, Reading—I stayed there about five days, and during that time the prisoner came there—he once slept there on a sofa—on October 23rd I left with him, and went to lodgings at 21, Lower Richmond Road, Mortlake, where we occupied one room—he had some money from his Army pay—I had no money—while at Mortlake I made the acquaintance of Mr. Egan, of the Mulberry Tree at Twicken
<lb/>ham—I wished to learn the business of a barmaid—I mentioned it to Mr. Egan, and he arranged that I should go the the Mulberry Tree to learn the business—for the first week I went there in the morning and left in the evening—I was still living with the prisoner, who got a situation as billiard marker at the Crown at Twickenham—he used to come to the Mulberry Tree and take me home every evening—after the first week I slept at the Mulberry Tree—I went to live there about three weeks before December 10th—the prisoner came there nearly every day—we were on very good terms then—on December 9th I received a letter from him—it has been destroyed since—I cannot remember what was in it—on December 10th I saw the prisoner in the bar about 9 a.m.—he asked me to leave with him on the Friday, and that if I did not go with him he would shoot me—he left the bar then, and I next saw him between 7 and S p.m. the same day—I was in the bar when he came—he asked me if I had thought any more about what he had said to me in the morning—I said I had not—he said I should know the consequences if I did not, and that if I did not leave with him, or go and see him alone on Friday, he would shoot me over the bar—I did not say anything—he stayed in the bar a little time—nothing passed between us—I next saw him in the bar parlour—the governor called me in there, and the prisoner asked me to receive £5 from him on the Friday, when he would receive some money—I said I did not want any money—I had not time to say any more because he fired at me—he was then about two yards from me, and I bent down to escape to the bar—looking at this plan, the prisoner was stand
<lb/>ing at "A,"I was standing at "B," and Mr. Egan at "C"—while I was going into the bar the prisoner fired at me again.</p>
<xptr type="pageFacsimile" doc="190201130014"/>
<p>
<hi rend="italic">Cross-examined.</hi> The prisoner was deeply in love with me, and I was always very fond of him—I am fond of him now—I have nothing to say against him—he treated me very kindly while I lived with him—he was very liberal with his money towards me—I sent a Christmas card to his solicitor for him on January 1st or 2nd—it is signed, "Queenie," that is myself—I do not think he intended to murder me on December 10th—he appeared to be troubled and excited on the evening of December 10th—I did not regard what he said on the 9th as serious, or I should have pro
<lb/>tected myself—he did not draw his revolver on that occasion—I did not call to anybody then—I burnt his letter almost before I had finished reading it. It was a very kind letter—I desired to see him while he was on remand—I did not see him—I do not think he said in the letter, "By your forsaking me you are driving me mad"—he implored me to go back to him—I do not remember his saying that he was much worried by my being away from him; there was no threat in it—it was a pathetic letter—he first met me in Reading on September 7th—when we first met I do not think he knew I was married—Miss Leather was in the bar with me on the morning of the 10th—she did not say that the prisoner had asked her to tell me that he wished me to act differently, as I was driving him clean off his head—when the prisoner offered me £5 in the bar parlour I declined it, and said I should like 15s. to pay a bill with—up to that time I was perfectly friendly with him—he did not threaten me on the morning of the 10th—when he asked me then to go back and live with him, I did not say, "No, I do not want anything more to do with you—I do not want to see you any more"—I did not lead him to suppose that I had abandoned him—I did not notice that he was very much excited—I had not time to see in which direction the pistol was pointed in the parlour—I cannot say if he fired at me or if he fired at random, or if it was an accident—when the second shot was fired I was fleeing from the room—he had not been drinking heavily in my presence—I know he was invalided home from South Africa suffering from enteric fever—I know he had two enteric attacks out there—he frequently said he had pains—he was generally in a poor state of health.</p>
<p>
<hi rend="italic">Re-examined.</hi> Miss Leather only told me that the prisoner wanted to speak to me—I never had any wish to leave him—I did not tell him that my husband had seen me or threatened me—when the prisoner asked me to go and live with him I refused, while my husband was living—I told him I had got a good place, and that he had one too, and I thought it would be best for us to work together until something happened to my husband—I do not remember what he said.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. BARRETT</hi>. That conversation took place about December 7th or 8th—it was before I received the affectionate letter of the 10th—we were living as man and wife at Lower Richmond Road.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-78" type="witnessName">
<interp inst="t19020113-name-78" type="gender" value="male"/>
<interp inst="t19020113-name-78" type="surname" value="MORGAN"/>
<interp inst="t19020113-name-78" type="given" value="CHARLES VINCENT"/>CHARLES VINCENT MORGAN</persName> </hi>. I live at 12, Garfield Road, Lavender Hill—in August last I was in South Africa—I met the prisoner there—I saw him again in England on December 9th—he said, "Have you still got your revolver which you had out at the front?"—I said, "Yes, I have it upstairs somewhere"—he said, "Well, somebody came in and wanted to buy a revolver; I knew you had one, and I told them I would inquire</p>
<xptr type="pageFacsimile" doc="190201130015"/>
<p>about it;" "Do you care to sell yours?"—I said, "Yes, if you can get anything for it, certainly; I do not want it"—I went upstairs and found it and brought it down, and showed it to him—he said, "Well, I dare say I can get rid of it"—I said, "You had better put it into your pocket, and show it to your friend"—he said, "I will; have you got any cartridges for it?"—I said, "Yes, I have some, but I will keep them separate"—I thought the revolver and the cartridges apart were perfectly safe.</p>
<p>
<hi rend="italic">Cross-examined.</hi> He was in the same hospital as I was in South Africa—I know he had been very bad—I was not in his regiment—he bore a good character in the hospital—if a man was going to procure a revolver to commit suicide I do not think he would say so.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-79" type="witnessName">
<interp inst="t19020113-name-79" type="gender" value="female"/>
<interp inst="t19020113-name-79" type="surname" value="SMITH"/>
<interp inst="t19020113-name-79" type="given" value="MARY"/>MARY SMITH</persName> </hi>. I keep a gunsmith's shop at 9, London Road, Twicken
<lb/>ham—the prisoner came in between 5 and 6 p.m. on December 9 th—he asked if I had any cartridges to fit a Wembly revolver—I said I did not know the size of a Wembly revolver, but that if he could show me the bore I should know if I could fit it—he said he wanted the cartridges for practice, as he was going to South Africa—he fitted some cartridges into the revolver before he left.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-80" type="witnessName">
<interp inst="t19020113-name-80" type="gender" value="female"/>
<interp inst="t19020113-name-80" type="surname" value="LEATHER"/>
<interp inst="t19020113-name-80" type="given" value="DAISY"/>DAISY LEATHER</persName> </hi>. I am a barmaid at the Mulberry Tree—the prisoner used to come there every morning for about a week, before December 10th—on December 10th he said he wished to see the prosecutrix—I said the governor was about, and I did not think he would like her to go out—he said he should shoot her over the bar if she did not go out to him—she was in the bar parlour then—I do not know if she could hear what he said—I said I should speak to Mr. Egan—the prisoner said he should turn the revolver upon Mr. Egan if he interfered—he moved his coat, and I thought he had a revolver—it was not sticking out of his coat—it was simply a lump of something—he generally called her"Annie"—he said he should like to see her on the Friday—I do not remember him saying anything else.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The prosecutrix was known as "Queenie" by the customers—I have heard her addressed as Mrs. Manning—she was engaged there under the came of Mrs. Manning—I had not heard the prisoner threaten her except that once—I told Mr. Egan that he had done so—I went into the kitchen to fetch something—I was not afraid—I regarded it as an idle boast—I can not swear that the prisoner had a revolver in his pocket—I have taken several messages to the prosecutrix from him—they were only to ask her to speak to him—they were not threatening messages in any way—he did not ask me on one occasion to tell her that she was driving him off his head, and that he was very troubled—he never created any disturbance.</p>
<p>
<hi rend="italic">Re-examined.</hi> When I gave her his message that he wanted to see her, she said that she did not want to go out—I conveyed the message that he wanted to see her once or twice.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-81" type="witnessName">
<interp inst="t19020113-name-81" type="gender" value="male"/>
<interp inst="t19020113-name-81" type="surname" value="EGAN"/>
<interp inst="t19020113-name-81" type="given" value="CORNELIUS"/>CORNELIUS EGAN</persName> </hi>. I am the landlord of the Mulberry Tree at Twickenham—I took the prosecutrix into my house to teach her the business of a barmaid—first she lodged out, and then in the house—on</p>
<xptr type="pageFacsimile" doc="190201130016"/>
<p>December 10th, in the evening, I was in the saloon bar—the prisoner came in about 7 or 7.30 p.m.—he asked me if he could speak to Queenie privately, and I said "No"—that was in consequence of information that had come to my knowledge—he asked again for a private interview—I asked what for—he said he wanted to make her an offer of a fiver out of his money that was coming to him—I said, "Speak to her over the bar"—he said he would sooner speak to her privately in the little room—he took up his position in the little room—I said "Certainly it is very nice of you to offer her a
<hi rend="italic">fiver</hi> if she will accept it"—the prosecutrix was in the bar—I told her a man wanted to speak to her—she came into the room—I was standing by the prisoner's side when she came in—he asked her if she would accept a
<hi rend="italic">fiver</hi>—she said, "I do not want anything to do----," and before she could say any more the revolver went off—I saw him take it out of his pocket and hold it straight in front of him, pointing at her chest—I caught hold of him by his wrist with one hand, and by his throat with the other—that would probably throw his hand up a couple of feet, and to one side—he was on my right, and I pulled his hand nearer to me—the prosecutrix twisted round, and ran or fell out—another shot went off—the prisoner and I both fell across a chair and I kept him there—somebody came in, and this revolver was found on the floor—I handed it to the police.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I heard the prosecutrix say to the prisoner: "I do not want any money of you, or anything to do with you"—it seemed as if she was going to abandon him—she is still in my employ—I first knew that she was not married to the prisoner about three days before the shooting—I thought at first she was his wife—no threat was uttered in the bar parlour—the whole thing only took about a minute—I could see more than the prisoner could because I was standing beside him—the pistol was not pointed higher than at the heart—I am not sure if his hand was 3 feet or 5 feet from the ground when I caught it—I have shown no animosity against the prisoner; I should let him out if I had my will, it would make no difference to me: it would have been a serious matter if it had come off—I gave him in charge—the bullet struck the wall about 3 ft. 9 in. from the ground—the second shot was fired as we were falling.</p>
<p>
<hi rend="italic">Re-examined.</hi> I was standing by the side of the prisoner in consequence of information that had been given to me.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-82" type="witnessName">
<interp inst="t19020113-name-82" type="gender" value="male"/>
<interp inst="t19020113-name-82" type="surname" value="CURCHER"/>
<interp inst="t19020113-name-82" type="given" value="ANDREW"/>ANDREW CURCHER</persName> </hi> (748
<hi rend="italic">T.</hi>) On December 10th, about 8.25 p.m., I was passing the Mulberry Tree; I saw a crowd, and the prisoner being ejected from the public house—the potman had hold of him—I arrested him—I told him I should take him into custody for shooting the barmaid at the Mulberry Tree with intent to murder her—I was in plain clothes—he said, "I am glad you came as I intended shooting her"—on the way to the station he said, "I hope she is dead, as I will swing for her"—the revolver Mr. Egan handed to me, it had then one undischarged cartridge in it—Mr. Egan gave me three cartridges.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Someone in the crowd gave me information as I was passing the house—it was not Mr. Egan—I did not arrest the prisoner before I saw Mr. Egan—I went inside and told Mr. Egan I was a police</p>
<xptr type="pageFacsimile" doc="190201130017"/>
<p>officer—the prisoner was standing in the roadway then—he made no attempt to escape—he was quite cool and in no way excited—he did not seem as if he had been drinking—he did not say anything to me as to the woman having thrown him over—I did not speak to him on the way to the station—he did not seem to be in such a mental condition that he did not know what he was saying or doing.</p>
<p>
<hi rend="italic">Re-examined.</hi> When I told Mr. Egan I was a constable he told me something.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-83" type="witnessName">
<interp inst="t19020113-name-83" type="gender" value="male"/>
<interp inst="t19020113-name-83" type="surname" value="HILLMAN"/>
<interp inst="t19020113-name-83" type="given" value="HARRISON"/>HARRISON HILLMAN</persName> </hi>. I live at Cedar Villas, Twickenham—on December 10th I was in the Mulberry Tree—I heard two reports of fire arms and went into the bar parlour—I saw Mr. Egan holding the prisoner down in a chair behind the door—he said, "Find the revolver"—I found it on the floor and gave it to him.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The bar parlour is close to the bar—the parlour door was open—if a
<hi rend="italic">row</hi> had been going on I should not have heard it because I was sitting about 20 yards off—I went into the parlour after it was all over.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-84" type="witnessName">
<interp inst="t19020113-name-84" type="gender" value="male"/>
<interp inst="t19020113-name-84" type="surname" value="LEE"/>
<interp inst="t19020113-name-84" type="given" value="WILLIAM"/>WILLIAM LEE</persName> </hi> (
<hi rend="italic">Police Inspector T.</hi>) At 9 p.m. on Dec. 10th I found the prisoner detained at the station, and from what I was told I went to the Mulberry Tree and made inquiries—I returned to the station and said to the prisoner, "You will be charged with shooting at Annie Walklett with intent to murder her"—he said, "It is all right Sir, I did it"—he was then formally charged, and the charge read over to him—he made no reply—about 2 a.m. he said he wished to make a statement—I cautioned him and he made this statement which I took down—I read it over to him and he signed it—(
<hi rend="italic">Read</hi>) "I, William. Manning, after being duly cautioned that what I now say will be taken down and used in evidence against me, wish to make the following statement. I first met Mrs. Walklett on or about September 7th last at Reading. I was in her company every day, and stayed with her' ill late at night, and have on one or two occasions stayed with her till 4 or 5 a.m., when her husband, who was employed as shunter on the railway, was on night duty. On October 18th her husband kissed her and said "Good-by sand b----you, and, if you are hereto-night I will turn you out."This was about 12 a.m. I saw her about an hour later, and she told me of the incident, and what he had said, and she said she would drown herself. I gave her £5 in gold, and persuaded her not to do so. She packed up her things and sent them to Mrs. Clifford, 146, Caversham Road, Reading, she stayed there five days, during that time I stayed at the same house at night, I slept on a sofa, on October 23rd we left there and came to Mortlake together. We took lodgings there at 21, Lower Richmond Road, we occupied one room, I was at that time out of employ
<lb/>ment, during the time we lived there we formed the acquaintance of Mr. Parker, of the Jolly Gardiners Arms, Mortlake. At this house Annie Walklett made the acquaintance of Mr. Cornelius Egan, of tie Mulberry Tree, Twickenham. I was present when she first met him. My money was then getting short, and she having previously suggested that she should like to learn the bar business the matter was mentioned to Mr. Egan, and he arranged that she should go to the Mulberry Tree to learn the</p>
<xptr type="pageFacsimile" doc="190201130018"/>
<p>business; she went there, and during the first week she was there, I used to go and take her home at night, after that she slept at the house, and I got a situation as a billiard marker at the Crown public house, Twickenham. I visited her there nightly during the past fortnight. I noticed a change in her manner towards me and asked her the reason, she said her husband had been to see her and had threatened to kill her with a table-knife which she used to use at home, and had also threatened to kill me if he met me; she suggested we should go to America together, but we had no money. I still visited her, and she would not give me an answer as to what she was going to do, and she treated me with in differ
<lb/>ence; I was annoyed at her treatment, and, in consequence, I did drink to excess. On Monday last I went to a friend at Lavender Hill, and obtained from him a revolver; and the same evening I purchased six cartridges at a shop in Twickenham. The same evening I saw her at the Mulberry Tree, and was in conversation with her for about ten minutes, we parted on friendly terms; I also saw heron Friday morning, the 10th, in the bar, and about mid-day I sent here letter by post, asking her to think over what she was going to do, and let me know at once. Last evening about 6.15 p.m. I went to the Mulberry Tree and again asked her to give me an answer, she told me to wait till Friday. I was afterwards told by the landlord that she was leaving there; I was annoyed because she had not told me so. I asked her to speak to me alone, and she refused to do so; I left the house and afterwards went back and asked Mr. Egan to let me see her, he invited me in, and we, Mr. Egan and I, went to the back parlour, and he then called Walkett in; I asked her to accept £5 from me when I drew my pension, she said, "No, what I want is 15s. to pay a bill at Mortlake, and my mother's ring, which you have always worn"; and with that I fired the revolver and was put out of the house."</p>
<p>
<hi rend="italic">Cross-examined</hi>"When the prisoner made that statement he was perfectly cool—he was excited when he came to the station—he had been in the cell about 4 1/2 hours when he made that statement—he looked as if he had been drinking heavily—I should say he was in weak health—he was not in such a state as not to know what he was doing or saying—he had a gratuity from the Army.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-85" type="witnessName">
<interp inst="t19020113-name-85" type="gender" value="male"/>
<interp inst="t19020113-name-85" type="surname" value="MOORE"/>
<interp inst="t19020113-name-85" type="given" value="WILLIAM"/>WILLIAM MOORE</persName> </hi> (
<hi rend="italic">Detective T.</hi>) I was present when the prisoner made the statement taken down by Inspector Lee—I found a bullet embedded in the wall 1 1/2 inches deep.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The prisoner had Leen at the station about 1 1/2 hours when I first saw him—when he made the statement he was somewhat cool for a person charged as he was—I should not think that he had been drinking heavily—he appeared to be in good health.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-86" type="witnessName">
<interp inst="t19020113-name-86" type="gender" value="male"/>
<interp inst="t19020113-name-86" type="surname" value="NICHOLLS"/>
<interp inst="t19020113-name-86" type="given" value="HENRY"/>HENRY NICHOLLS</persName> </hi> (
<hi rend="italic">Re-examined</hi>). The height of the table in the room is 2 feet 6 inches.</p>
<p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-122-verdict-1" type="verdictDescription">
<interp inst="t19020113-122-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-122-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>.—
<hi rend="italic">Strongly recommended to mercy by the Jury on account of the provocation and his having been led into it.
<rs id="t19020113-122-punishment-15" type="punishmentDescription">
<interp inst="t19020113-122-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-122-punishment-15" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-122-19020113 t19020113-122-punishment-15"/>Four years' penal servitude.</rs> </hi> </p> </div1>
<xptr type="pageFacsimile" doc="190201130019"/>
<p>
<hi rend="largeCaps">THIRD COURT</hi>
<hi rend="italic">Wednesday, January</hi> 15
<hi rend="italic">th</hi>, 1902.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t19020113-123">
<interp inst="t19020113-123" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-123" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-123-charge-1" targOrder="Y" targets="def1-123-19020113 t19020113-123-offence-1 t19020113-123-verdict-1"/>
<p>123.
<persName id="def1-123-19020113" type="defendantName">
<interp inst="def1-123-19020113" type="gender" value="male"/>
<interp inst="def1-123-19020113" type="age" value="22"/>
<interp inst="def1-123-19020113" type="surname" value="MEREDITH"/>
<interp inst="def1-123-19020113" type="given" value="HERBERT"/>
<hi rend="largeCaps">HERBERT MEREDITH</hi>, (22)</persName>
<rs id="t19020113-123-offence-1" type="offenceDescription">
<interp inst="t19020113-123-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020113-123-offence-1" type="offenceSubcategory" value="forgery"/>,
<hi rend="italic">Forging</hi> and uttering a receipt for £35 5s. 8d, with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MR. BIRON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-88" type="witnessName">
<interp inst="t19020113-name-88" type="gender" value="male"/>
<interp inst="t19020113-name-88" type="surname" value="LAMB"/>
<interp inst="t19020113-name-88" type="given" value="WILLIAM GEORGE"/>WILLIAM GEORGE LAMB</persName> </hi>. I am a private in the 3rd Battalion of Cold-stream Guards at Chelsea Barracks—on August 21st I was in the military hospital at Rochester Row—the prisoner is a private in the same batta
<lb/>lion as Johnson and I—on August 21st I expected to receive my Post Office Savings Bank book—I wanted to withdraw £34 1s. 3d., the amount in the book, to enable me to buy my discharge—this is my bank book—the signature on this notice of withdrawal "W. G. Lamb" is not mine, nor written by my authority—I say the same of the receipt for £35 as. 8d. which includes the interest due—there is no truth in the prisoner's state
<lb/>ment when arrested "I do not see how I can be charged with forgery, as Lamb asked me to get the money for him"—the prisoner came to the hospital on August 21st—the doctor was in the room—the prisoner had a parcel which was handed to me on my bed, and he gave me a letter, but no bank book—he was with me about five minutes—I had no con
<lb/>versation with him about my money.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-89" type="witnessName">
<interp inst="t19020113-name-89" type="gender" value="male"/>
<interp inst="t19020113-name-89" type="surname" value="JOHNSON"/>
<interp inst="t19020113-name-89" type="given" value="FRANK"/>FRANK JOHNSON</persName> </hi>. I am a private in the 3rd Battalion of Coldstream Guards—I know Private Lamb—on August 21st a parcel and a book like this, came in a big envelope to him at the barracks—on the way to the hospital to take them to Lamb I met the prisoner—he asked to come with me—when we got to the hospital he took the parcel and the letter and envelope to Lamb as only one "person was allowed to go upstairs to see him—the orderly-sergeant suggested that Meredith should go up—I saw him when he came down about a quarter of an hour afterwards—he said that Private Lamb had told him to withdraw the money—I believed that—I went with him to the Charing Cross Post Office—I stood on one side when he filled up the form an official gave him—he posted it outside—I next went with him on August 23rd to the Post Office to withdraw the money—I saw him at the desk, but did not see what was going on—he showed me the money he had withdrawn, and said he was
<hi rend="italic">going</hi> to take it to Lamb on the Saturday—he said it was about £34—I did not see him after 9 that evening—he was not about in the regiment doing his duties after that day—I next saw him about a fortnight before Christmas—he was away some months.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-90" type="witnessName">
<interp inst="t19020113-name-90" type="gender" value="male"/>
<interp inst="t19020113-name-90" type="surname" value="FITNESS"/>
<interp inst="t19020113-name-90" type="given" value="ALBERT EDWARD"/>ALBERT EDWARD FITNESS</persName> </hi>. I am a clerk in the Charing Cross Post Office—on August 21st the prisoner with Johnson asked for a withdrawal form—I handed this form to him—then he said he did not know how to fill it in, so I filled it up for him and explained about the signature, and he signed it in my presence—he had this book with him—he said he wanted to close the account and take the interest as he was going away on Saturday—he came again on August 23rd with Johnson—the money was ready—I lent him my pencil and saw him
<hi rend="italic">sign</hi> this warrant—I handed him the total amount and he went away—the signature does not exactly agree, but on the whole it seems the same style of writing as that in the book—the "L" in Lamb is slightly different, but the "W G" has just the</p>
<xptr type="pageFacsimile" doc="190201130020"/>
<p>same slant on the warrant, enough to be mistaken by anybody who had not notice of anything wrong.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-91" type="witnessName">
<interp inst="t19020113-name-91" type="gender" value="male"/>
<interp inst="t19020113-name-91" type="surname" value="HURST"/>
<interp inst="t19020113-name-91" type="given" value="WALTER"/>WALTER HURST</persName> </hi> (
<hi rend="italic">Post Office Constable.</hi>) I arrested the prisoner on January 2nd at the Military Hospital, Rochester Bow, Westminster, on a warrant, which I read to him, which charges him with feloniously forging a receipt and a warrant for the payment of money—he made no reply—I took him to the station—on the way he said, "I do not see how I can be charged with forgery as Lamb asked me to get the money for him."</p>
<p>
<hi rend="italic">The prisoner, in his defence, on oath repeated this statement, and added that he yielded to the temptation to keep the money and desert.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-123-verdict-1" type="verdictDescription">
<interp inst="t19020113-123-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-123-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t19020113-123-punishment-16" type="punishmentDescription">
<interp inst="t19020113-123-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-123-punishment-16" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-123-19020113 t19020113-123-punishment-16"/>Nine months' hard labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19020113-124">
<interp inst="t19020113-124" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-124" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-124-charge-1" targOrder="Y" targets="def1-124-19020113 t19020113-124-offence-1 t19020113-124-verdict-1"/>
<join result="criminalCharge" id="t19020113-124-charge-2" targOrder="Y" targets="def2-124-19020113 t19020113-124-offence-1 t19020113-124-verdict-1"/>
<p>124.
<persName id="def1-124-19020113" type="defendantName">
<interp inst="def1-124-19020113" type="gender" value="male"/>
<interp inst="def1-124-19020113" type="age" value="36"/>
<interp inst="def1-124-19020113" type="surname" value="TREADWELL"/>
<interp inst="def1-124-19020113" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM TREADWELL</hi> (36)</persName>, and
<persName id="def2-124-19020113" type="defendantName">
<interp inst="def2-124-19020113" type="gender" value="male"/>
<interp inst="def2-124-19020113" type="age" value="21"/>
<interp inst="def2-124-19020113" type="surname" value="WALTERS"/>
<interp inst="def2-124-19020113" type="given" value="ALEXANDER WILLIAM"/>
<hi rend="largeCaps">ALEXANDER WILLIAM WALTERS</hi> (21)</persName>, (
<hi rend="italic">soldier</hi>),
<rs id="t19020113-124-offence-1" type="offenceDescription">
<interp inst="t19020113-124-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19020113-124-offence-1" type="offenceSubcategory" value="coiningOffences"/>Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MR. FITZGERALD</hi>
<hi rend="italic">Prosecuted</hi>,
<hi rend="smallCaps">MR. HUTTON</hi>
<hi rend="italic">Defended Treadwell.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-94" type="witnessName">
<interp inst="t19020113-name-94" type="gender" value="male"/>
<interp inst="t19020113-name-94" type="surname" value="GURNET"/>
<interp inst="t19020113-name-94" type="given" value="WALTER"/>WALTER GURNET</persName> </hi>. I am a plumber of 210, Kensington Park Road—on December 27th about 9.45 p.m., Treadwell came into my shop and asked for 1/2 oz. of tobacco—he placed this shilling on the counter—I said I thought it was bad—he said he did not think so, and I gave him 10d. change—he was with a soldier outside—I saw them through the window—I next saw him come out of 5, Blenheim Crescent, Mrs. Chiltenden's shop, with the soldier—I went across the road to him and told him he had given me a bad shilling—he said he was sorry, and gave me two sixpences in its place—I identify the shilling by the mark the policeman put on it in front of him in the shop.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUTTON</hi>. The two shops are about 100 yards apart—I did not test the shilling, I went by the colour and weight.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-95" type="witnessName">
<interp inst="t19020113-name-95" type="gender" value="female"/>
<interp inst="t19020113-name-95" type="surname" value="CHILTENDEN"/>
<interp inst="t19020113-name-95" type="given" value="PHOEBE"/>PHCEBE CHILTENDEN</persName> </hi>. I keep a tobacco shop at 5, Blenheim Crescent, W.—on December 27th, about 10 p.m., I served the prisoners with a two penny
<hi rend="italic">smoke</hi> and 1/2 oz. of shag—Treadwell asked for it—they gave me this shilling—I put it in the till which I had just emptied—there were no other shillings in it—the prisoners went away together—Gurney came into the shop afterwards—I gave the policeman Potter the shilling—I did not examine it—the value of the tobacco was 4d.—I gave them 6d. and 2d. change.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUTTON</hi>. Walters said to Treadwell, "Will you have a cigar"—then I got it—Walters paid for the two—I said before the Magistrate: "Walters said to Treadwell, 'What will you have?,' he said, 'A cigar'; Walters said he would have some shag and pay for both"—that is right.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-96" type="witnessName">
<interp inst="t19020113-name-96" type="gender" value="male"/>
<interp inst="t19020113-name-96" type="surname" value="POTTER"/>
<interp inst="t19020113-name-96" type="given" value="THOMAS"/>THOMAS POTTER</persName> </hi> (22
<hi rend="italic">F. R.</hi>) About 10 p.m. on December 27th Gurney made a statement to me, in consequence of which I arrested Treadwell—he said "I did not know it was bad and I gave you [
<hi rend="italic">Gurney</hi>] two six
<lb/>pences for it"—I told Treadwell that the witness had said he had said that he had been into the shop and tendered a bad shilling for 1/2 oz. of tobacco—this is the shilling, I identify it by my initials and the crown on the Queen's head—I asked Gurney where the shilling was in both</p>
<xptr type="pageFacsimile" doc="190201130021"/>
<p>prisoners' presence—Treadwell said, "Here it is," and handed it to me—he cook it out of his pocket—Gurney said the prisoners had been into 5, Bhenheim Crescent and changed a bad shilling there, and I took them back to the shop—I subsequently found on Treadwell three good six
<lb/>pences and 3s. 3 1/2 d. in coppers, a piece of solder, three cigars, and a knife, and on Walters, 7 good sixpences, 2s. 8 1/2 d. in bronze, and a common public-house beer glass.</p>
<p>
<hi rend="italic">Cross-examined by</hi> Mr. Hutton. Treadwell is a plumber—the prisoners had had a glass or two—they were not drunk—I could smell beer.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-97" type="witnessName">
<interp inst="t19020113-name-97" type="gender" value="male"/>
<interp inst="t19020113-name-97" type="surname" value="WEBSTER"/>
<interp inst="t19020113-name-97" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. I am inspector of coin to His Majesty's Mint—these coins are counterfeit—they are of different moulds—this is a piece of ordinary plumber's solder—the constable handed them to me.</p>
<p>
<hi rend="italic">Treadwell, in his defence, on oath, said that he had borrowed five separate shillings from Walters, and gone</hi> "busking"
<hi rend="italic">or singing for money, and that was why he, had so many coppers, but he did not know that the money was bad.—He received a good character.</hi> </p>
<p>
<hi rend="italic">Walters, in his defence, said that hs did not know the money was bad</hi> Thomas Potter (
<hi rend="italic">Re-examined.</hi>) Gurney found me in about a minute's walk from his shop—I was standing at the corner of Portobello Road when the prisoners passed me, and I stopped them when they returned from a turning where there was no outlet.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-98" type="witnessName">
<interp inst="t19020113-name-98" type="gender" value="male"/>
<interp inst="t19020113-name-98" type="surname" value="GURNEY"/>
<interp inst="t19020113-name-98" type="given" value="WALTER"/>WALTER GURNEY</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I found the policeman within a minute after the prisoners came out of Chiltenden's shop—I went into the shop and saw the shilling and came out—in consequence of what Chiltenden said I went for a policeman—only two minutes elapsed.</p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-124-verdict-1" type="verdictDescription">
<interp inst="t19020113-124-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19020113-124-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday, January</hi> 16
<hi rend="italic">th</hi>, 1902.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t19020113-125">
<interp inst="t19020113-125" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-125" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-125-charge-1" targOrder="Y" targets="def1-125-19020113 t19020113-125-offence-1 t19020113-125-verdict-1"/>
<p>125.
<persName id="def1-125-19020113" type="defendantName">
<interp inst="def1-125-19020113" type="gender" value="female"/>
<interp inst="def1-125-19020113" type="age" value="29"/>
<interp inst="def1-125-19020113" type="surname" value="SPENCE"/>
<interp inst="def1-125-19020113" type="given" value="ISABEL"/>
<hi rend="largeCaps">ISABEL SPENCE</hi> (29)</persName>,
<hi rend="smallCaps">
<rs id="t19020113-125-verdict-1" type="verdictDescription">
<interp inst="t19020113-125-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-125-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t19020113-125-offence-1" type="offenceDescription">
<interp inst="t19020113-125-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020113-125-offence-1" type="offenceSubcategory" value="simpleLarceny"/>stealing 12 diaries and 7 boxes of cards and other articles, value £4 10s., the property of the
<persName id="t19020113-name-100" type="victimName">
<interp inst="t19020113-name-100" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-125-offence-1 t19020113-name-100"/> Army and Navy Co-operative Society</persName>, Limited.</rs>
<hi rend="italic">She received a good character.—
<rs id="t19020113-125-punishment-17" type="punishmentDescription">
<interp inst="t19020113-125-punishment-17" type="punishmentCategory" value="noPunish"/>
<interp inst="t19020113-125-punishment-17" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-125-19020113 t19020113-125-punishment-17"/>Judgment Respited.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19020113-126">
<interp inst="t19020113-126" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-126" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-126-charge-1" targOrder="Y" targets="def1-126-19020113 t19020113-126-offence-1 t19020113-126-verdict-1"/>
<join result="criminalCharge" id="t19020113-126-charge-2" targOrder="Y" targets="def2-126-19020113 t19020113-126-offence-1 t19020113-126-verdict-1"/>
<p>126.
<persName id="def1-126-19020113" type="defendantName">
<interp inst="def1-126-19020113" type="gender" value="male"/>
<interp inst="def1-126-19020113" type="surname" value="SULLIVAN"/>
<interp inst="def1-126-19020113" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SULLIVAN</hi> </persName> and
<persName id="def2-126-19020113" type="defendantName">
<interp inst="def2-126-19020113" type="gender" value="male"/>
<interp inst="def2-126-19020113" type="surname" value="FORD"/>
<interp inst="def2-126-19020113" type="given" value="WALTER JAMES"/>
<hi rend="largeCaps">WALTER JAMES FORD</hi> </persName>
<rs id="t19020113-126-offence-1" type="offenceDescription">
<interp inst="t19020113-126-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19020113-126-offence-1" type="offenceSubcategory" value="robbery"/>Robbery with violence on
<persName id="t19020113-name-103" type="victimName">
<interp inst="t19020113-name-103" type="gender" value="male"/>
<interp inst="t19020113-name-103" type="surname" value="THOMPSON"/>
<interp inst="t19020113-name-103" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-126-offence-1 t19020113-name-103"/>James Thompson</persName>, and stealing a watch and chain and a purse, his property.</rs> </p>
<p>
<hi rend="smallCaps">MR. ARNOLD</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-104" type="witnessName">
<interp inst="t19020113-name-104" type="gender" value="male"/>
<interp inst="t19020113-name-104" type="surname" value="THOMPSON"/>
<interp inst="t19020113-name-104" type="given" value="JAMES"/>JAMES THOMPSON</persName> </hi>. I live at 25 Redmead Lane, Wapping, and am a watchman, employed by the Free Trade Wharf Company—on November 21st, between nine and ten p.m., I was at the wharf gate—the prisoners wanted to come out at my gate—and I would not let them—I knew them before—they are stevedores—they had no business to come that way—they started knocking me about with their fists—I was knocked down, and Sullivan struck me on my head with this bolt (
<hi rend="italic">Produced</hi>). One of them kicked me on my ribs—I became insensible, and remembered nothing more till I found myself in the London Hospital a fortnight later</p>
<xptr type="pageFacsimile" doc="190201130022"/>
<p>—I was there six weeks altogether—I lost my watch and purse and handkerchief—they were in my pockets when the prisoners assaulted me—twopence or threepence was in my purse—I don't know who took my things—bolts like this were lying about near—I have not got my watch and chain back—this (
<hi rend="italic">Produced</hi>) is my purse—it was given to me by the police—I knew the prisoners' names as well as their faces.</p>
<p>
<hi rend="italic">Cross-examined by Ford.</hi> You had on some dusty boots, moleskin trousers, and a short coat.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-105" type="witnessName">
<interp inst="t19020113-name-105" type="gender" value="male"/>
<interp inst="t19020113-name-105" type="surname" value="SAUNDERS"/>
<interp inst="t19020113-name-105" type="given" value="JAMES HERBERT"/>JAMES HERBERT SAUNDERS</persName> </hi>. I am a surgeon at the London Hospital—I saw the prosecutor there on November 21st—he was in a semi-dazed state—he had two wounds over the left side of his forehead, about two inches long—a small wound over his right temple—and another one close to it going down to the bone and about 1 inch long—I think they could have been caused by this bolt—I do not think he was in danger—he is about 62 years old.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. The wounds supperated—there was no erysipelas—he was in the hospital over a month, and he is still an out-patient—he will never be the same man again.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-106" type="witnessName">
<interp inst="t19020113-name-106" type="gender" value="male"/>
<interp inst="t19020113-name-106" type="surname" value="RUTTER"/>
<interp inst="t19020113-name-106" type="given" value="HENRY"/>HENRY RUTTER</persName> </hi> (
<hi rend="italic">Detective II.</hi>) On January 4th I saw Sullivan at 1 p.m. at Broad Street, Ratley—I told him I was a police officer and held a warrant for his arrest for robbery on James Thompson, a night watchman of Free Trade Wharf, on November 21st—he said, "All right, I will go with you, I know nothing about it"—at the station he was put with six other men, and the prosecutor identified him—he was charged—he said, "Not me, sir, I was in bed at 10 o'clock that night, Mr. Thompson knows me"—the prosecutor had mentioned the prisoners' names, and given a description.</p>
<p>
<hi rend="italic">Cross-examined by Ford.</hi> The names in the warrant are Sullivan and Donovan.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I did not know Ford before I saw him at the station—I did not arrest him—when I saw him at the station I said, "Are you known as
<hi rend="italic">Seattle</hi> Donovan?"—he said, "No"—that name was given by the prosecutor—he said, "I am not known as
<hi rend="italic">Seattle</hi> Donovan, my name is Ford."</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-107" type="witnessName">
<interp inst="t19020113-name-107" type="gender" value="male"/>
<interp inst="t19020113-name-107" type="surname" value="COURT"/>
<interp inst="t19020113-name-107" type="given" value="RALPH"/>RALPH COURT</persName> </hi>' (338 11.) I arrested Ford on January 7th—I had no warrant—I told him I should arrest him for being concerned with another man in custody for assaulting a watchman at Free Trade Wharf—he said, "It is true, then, I heard I was wanted!"—I knew him before—I only knew him as Ford, but I was told he was Ford
<hi rend="italic">alias</hi> Donovan—a description was given, and from it I came to the conclusion that the man described as Donovan was Ford—I did not tell him what name he was charged under.</p>
<p>
<hi rend="italic">Cross-examined by Ford.</hi> No one pointed you out to me—I was not with the prosecutor that night—I was with him in the morning—I have known you as Ford for 6 or 8 months—I never knew you as
<hi rend="italic">Seattle</hi> Donovan—you did not tell me that you had turned out at 5.30 to go to work on a Liverpool boat—I heard at the station that you had left your name at the Free Trade Wharf on the Monday.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-108" type="witnessName">
<interp inst="t19020113-name-108" type="gender" value="male"/>
<interp inst="t19020113-name-108" type="surname" value="DIVAL"/>
<interp inst="t19020113-name-108" type="given" value="THOMAS"/>THOMAS DIVAL</persName> </hi> (
<hi rend="italic">Detective Inspector II.</hi>) Ford is only known by the prosecutor as Donovan.</p>
<xptr type="pageFacsimile" doc="190201130023"/>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-109" type="witnessName">
<interp inst="t19020113-name-109" type="gender" value="male"/>
<interp inst="t19020113-name-109" type="surname" value="DAMSELL"/>
<interp inst="t19020113-name-109" type="given" value="JOHN"/>JOHN DAMSELL</persName> </hi> (329
<hi rend="italic">H.</hi>) On November 21st I found the prosecutor unconscious and bleeding from several wounds on his head—I got a cab and took him to the London Hospital—I went back and searched the place at the Free Trade Wharf—I found this iron bar 30 or 40 yards from where I had found the prosecutor—I found an empty purse, a cap and a handkerchief, all identified by the prosecutor—I found blood on the bar; it is there now.</p>
<p>
<hi rend="italic">Cross-examined by Ford.</hi> I do not know you by any name except Ford, I did not know you before you were arrested.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-110" type="witnessName">
<interp inst="t19020113-name-110" type="gender" value="male"/>
<interp inst="t19020113-name-110" type="surname" value="THOMPSON"/>
<interp inst="t19020113-name-110" type="given" value="JAMES"/>JAMES THOMPSON</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I am 66 years old—before I was assaulted on November 21st my sight was much better than it is now—I could then see to go about quietly—the difficulty I now have in seeing is the result of the accident—I am quite sure these are the two men who assaulted me, I saw their faces before the assault took place—Ford's nick-name is
<hi rend="italic">Scattie</hi> Donovan—I do not know him by any other name, the men who worked with him all call him
<hi rend="italic">Scattie</hi> Donovan—this is my cap (
<hi rend="italic">Pro
<lb/>duced</hi>)—I was wearing it on this night.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-111" type="witnessName">
<interp inst="t19020113-name-111" type="gender" value="male"/>
<interp inst="t19020113-name-111" type="surname" value="MUSGROVE"/>
<interp inst="t19020113-name-111" type="given" value="JOHN'"/>JOHN' MUSGROVE</persName> </hi>. I am a gatekeeper at the Free Trade Wharf—I have known the prosecutor about 11 years, and the prisoners 10 or 11 years—I only know Ford as Ford—Sullivan knew the prosecutor—I do not know if Ford did—4 or 5 weeks previous to the assault I heard Sullivan say to Thompson that he would flatten him, and he used disgusting language at the same time—he did not say what for.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. There are three gates leading to the wharf—I am at the main gate—Thompson is at what is called the Bristol gate—the manager says no one, after the vans are in, is to be allowed to go in or out of that gate, but are to go in and out of the main gate—they have no right to go out of this gate after hours.</p>
<p>
<hi rend="italic">Cross-examined by Sullivan.</hi> There is no right of way to the Bristol gate, a little farther on there is—I do not know anyone at the wharf called or known as Donovan or Scattie Donovan.</p>
<p>
<hi rend="italic">Ford, in his defence, on oath, said that he was in doors from</hi>, 5
<hi rend="italic">p.m. on Novem
<lb/>ber 21st till 5.30 next morning, with his wife who was being con
<lb/>fined; that he had never been known by any name except Ford, and did not know a man named Scattie Donovan, but that he was told he (Ford) answered Donovan's description, but that Donovan did not work at the wharf, and that he had never seen him; that he was not with Sullivan on Novem
<lb/>ber 21st; that they belonged to the same society, but that he did not other
<lb/>wise know him.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-112" type="witnessName">
<interp inst="t19020113-name-112" type="gender" value="male"/>
<interp inst="t19020113-name-112" type="surname" value="THOMPSON"/>
<interp inst="t19020113-name-112" type="given" value="JAMES"/>JAMES THOMPSON</persName> </hi> (
<hi rend="italic">Re-examined.</hi>) When I first made my statement in the hospital, I said I did not know the names of the men who had assaulted me, and I afterwards said that I knew them as Sullivan and Donovan—I said that at first because my head was so bad; I had not got my senses about me—I am quite sure nobody suggested the names to me.</p>
<p>
<hi rend="italic">Evidence for Ford.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-113" type="witnessName">
<interp inst="t19020113-name-113" type="gender" value="female"/>
<interp inst="t19020113-name-113" type="surname" value="FORD"/>
<interp inst="t19020113-name-113" type="given" value="MARY"/>MARY FORD</persName> </hi>. I am the wife of the prisoner Ford—I was confined on November 9th—on November 22nd my husband told me that Thompson had been assaulted—I did not know him—on November 21st my husband came home early and stayed in till we went to bed—he was at home every night after November 9th.</p>
<xptr type="pageFacsimile" doc="190201130024"/>
<p>
<hi rend="italic">Cross-examined.</hi> My husband told me that the prosecutor had been assaulted and robbed—I do not know Sullivan.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-114" type="witnessName">
<interp inst="t19020113-name-114" type="gender" value="female"/>
<interp inst="t19020113-name-114" type="surname" value="SHAW"/>
<interp inst="t19020113-name-114" type="given" value="ELLEN"/>ELLEN SHAW</persName> </hi>. Last November I was waiting on Mrs. Ford as nurse in her confinement—she was confined on November 9th, and about 12 days afterwards, Mr. Ford asked me if I had heard of the old watchman being robbed and assaulted—on November 21st I went home between 9.30 and 10 p.m.—I live in the same house—the prisoner Ford had been home all the evening.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I swear that Ford was at home on November 21st.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-115" type="witnessName">
<interp inst="t19020113-name-115" type="gender" value="male"/>
<interp inst="t19020113-name-115" type="surname" value="DIVAL"/>
<interp inst="t19020113-name-115" type="given" value="THOMAS"/>THOMAS DIVAL</persName> </hi>. (
<hi rend="italic">Re-examined by the</hi>
<hi rend="smallCaps">COURT</hi>.) I sent an officer to take Thompson's statement—I do not know under what circumstances his information before Mr. Dickinson was taken—it purports to be taken on January 4th—there are two informations, each in different writing and at different times—it is not correct to say that it was all taken at the same time—the first information is some weeks before the other—there is no description in the first, and only the names of the men in the second—when he made the first information he told the officer that his mind was not clear; first he said he was, then he said he was not—in the first information he said he did not know the names of the men who assaulted him, then afterwards he gave the names of Sullivan and Donovan.</p>
<p>
<hi rend="smallCaps">J. H. SAUNDERS</hi> (
<hi rend="italic">Re-examined.</hi>) The prosecutor was an in-patient from November 21st to December 27th—there is no reason to say that he had not his senses when he became an out-patient.</p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-126-verdict-1" type="verdictDescription">
<interp inst="t19020113-126-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19020113-126-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.—
<hi rend="italic">The Jury added that they did not consider the evidence of identity against Sullivan sufficient, and, as regarded Ford, he left the Court without a stain upon his character.</hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>
<hi rend="italic">Thursday, January</hi>, 16
<hi rend="italic">th</hi>, 1902.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t19020113-127">
<interp inst="t19020113-127" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-127" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-127-charge-1" targOrder="Y" targets="def1-127-19020113 t19020113-127-offence-1 t19020113-127-verdict-1"/>
<p>127.
<persName id="def1-127-19020113" type="defendantName">
<interp inst="def1-127-19020113" type="gender" value="female"/>
<interp inst="def1-127-19020113" type="age" value="28"/>
<interp inst="def1-127-19020113" type="surname" value="WILLIS"/>
<interp inst="def1-127-19020113" type="given" value="KATE"/>
<hi rend="largeCaps">KATE WILLIS</hi> (28)</persName>
<rs id="t19020113-127-offence-1" type="offenceDescription">
<interp inst="t19020113-127-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020113-127-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a sheet of paper, an envelope and 10s., the property of
<persName id="t19020113-name-117" type="victimName">
<interp inst="t19020113-name-117" type="gender" value="female"/>
<interp inst="t19020113-name-117" type="surname" value="WILLIS"/>
<interp inst="t19020113-name-117" type="given" value="DAISY"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-127-offence-1 t19020113-name-117"/>Daisy Willis</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. OLIVER</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-118" type="witnessName">
<interp inst="t19020113-name-118" type="gender" value="male"/>
<interp inst="t19020113-name-118" type="surname" value="CHAMBERLAIN"/>
<interp inst="t19020113-name-118" type="given" value="WILLIAM HERBERT"/>WILLIAM HERBERT CHAMBERLAIN</persName> </hi>. I am a clerk to Mr. Chapple, a solicitor, of 76, Gresham Street—acting on his instructions I procured a postal order for 10s., and gave it to him—I saw him write on it, "Mrs. Daisy Willis" and put it in this envelope with this letter, addressed to Mrs. Willis, 3, Burton Place, Burton Crescent, Euston Road, and commencing "I send enclosed 10s. to relieve your present necessity"—I posted the letter in Gresham Street.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-119" type="witnessName">
<interp inst="t19020113-name-119" type="gender" value="male"/>
<interp inst="t19020113-name-119" type="surname" value="BROWN"/>
<interp inst="t19020113-name-119" type="given" value="PERCY ALFRED"/>PERCY ALFRED BROWN</persName> </hi>. I am a clerk in the General Post Office—I produce a postal order for 10s. L27 468892, issued on December 21st at Aldermanbury, and made payable to Mrs. Daisy Willis—it is receipted "Daisy Willis"—it was paid in Marchmont Street, W.C., on December 21st.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-120" type="witnessName">
<interp inst="t19020113-name-120" type="gender" value="female"/>
<interp inst="t19020113-name-120" type="surname" value="FREEMAN"/>
<interp inst="t19020113-name-120" type="given" value="SARAH"/>SARAH FREEMAN</persName> </hi>. I live at 3, Burton Place, Burton Crescent, Euston Road—the prisoner has been lodging in my house—Daisy Willis was</p>
<xptr type="pageFacsimile" doc="190201130025"/>
<p>there—I took in a letter on December 21st addressed to her—I did not know the name, and I gave it to Barbara Wade, my servant—Daisy Willis afterwards said something, in consequence of which I sent for the prisoner—I said, "Where is the letter you told me came from Cardiff"—I asked her what she had done with it, and to show it to me—she said she could not, as she had destroyed it—I asked her why—she said she could destroy her own letters, as she did not keep letters—a knock came to the door, and I asked her to retire—she left the house immediately afterwards—I did not see her again.</p>
<p>
<hi rend="italic">Cross-examined by the prisoner.</hi> I wanted you to wait till I was dis
<lb/>engaged.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-121" type="witnessName">
<interp inst="t19020113-name-121" type="gender" value="female"/>
<interp inst="t19020113-name-121" type="surname" value="WADE"/>
<interp inst="t19020113-name-121" type="given" value="BARBARA"/>BARBARA WADE</persName> </hi>. I am in service at 3, Burton Place, Burton Crescent—on the Saturday before Christmas I took in a letter addressed to Daisy Willis—I gave it to the deputy, Mrs. Freeman, who sent me down stairs with it—I took it into the kitchen where there were several lodgers—I said "Is there anyone of the name of Willis here?"—the prisoner answered, "It is for me, my name is Willis"—I said, "Is your name Willis?"—she said "Yes, it is from my husband"—I gave her the letter—she left the kitchen—I did not see her with the letter afterwards—Daisy Willis asked about the letter, and the deputy asked the prisoner where it came from—the prisoner said from Cardiff—the deputy said, "No, there is only a London postmark on it, so it cannot come from Cardiff"—the prisoner said, "Oh no, it came from the City"—Daisy Willis said, "Well, my letter came from the City"—the prisoner said, "So does this"—a knock came to the door, and the deputy said, "Just wait a minute in the room"—the prisoner went downstairs, and directly afterwards disappeared—I never saw her again—I asked the prisoner whether she was sure—she said, "Yes, it is my letter"—I said before the Magistrate: "She opened it, and cried over it, and said something about the death of her husband"—that was not in my presence, I heard it from the lodgers; I was not in the kitchen—I did not know the prisoner's name—I had only been there a few nights.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-122" type="witnessName">
<interp inst="t19020113-name-122" type="gender" value="female"/>
<interp inst="t19020113-name-122" type="surname" value="WILLIS"/>
<interp inst="t19020113-name-122" type="given" value="DAISY"/>DAISY WILLIS</persName> </hi>. I am the wife of George Willis—I live at 3, Burton Place, Burton Crescent—I expected a letter on my birthday, on Christ
<lb/>mas Eve—I came home about 6.15. p.m. on December 21st—I asked if there was a letter for Mrs. Willis—the prisoner was called upstairs—Mrs. Freeman said, "I believe the letter delivered to you as belonging to you belongs to this lady"—the prisoner said, "Oh no, it is not your letter, I have been expecting a letter from my husband from Cardiff"—Freeman said, "Oh no, I looked at the address and it came from the City, it does not come from Cardiff at all"—a knock came tot he door for Mrs. Freeman, and the prisoner ran away—she did not say that the letter was from her father, but from her husband from Cardiff, and that she had two children—I said I knew Cardiff well—I
<hi rend="italic">did</hi> not sign this order—this letter is addressed to me—I have not received the money for the order.</p>
<p>
<hi rend="italic">The prisoner, in her defence, said that she found she had in mistake opened another person's letter, and was advised to fly and ran away; that she had been drinking, but had no intention to defraud.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-127-verdict-1" type="verdictDescription">
<interp inst="t19020113-127-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-127-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t19020113-127-punishment-18" type="punishmentDescription">
<interp inst="t19020113-127-punishment-18" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19020113-127-punishment-18" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-127-19020113 t19020113-127-punishment-18"/>Discharged on recognisances.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19020113-128">
<interp inst="t19020113-128" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-128" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-128-charge-1" targOrder="Y" targets="def1-128-19020113 t19020113-128-offence-1 t19020113-128-verdict-1"/>
<join result="criminalCharge" id="t19020113-128-charge-2" targOrder="Y" targets="def2-128-19020113 t19020113-128-offence-1 t19020113-128-verdict-2"/>
<xptr type="pageFacsimile" doc="190201130026"/>
<p>128.
<persName id="def1-128-19020113" type="defendantName">
<interp inst="def1-128-19020113" type="gender" value="male"/>
<interp inst="def1-128-19020113" type="age" value="21"/>
<interp inst="def1-128-19020113" type="surname" value="BROOKS"/>
<interp inst="def1-128-19020113" type="given" value="GEORGE LENOX"/>
<hi rend="largeCaps">GEORGE LENOX BROOKS</hi> (21)</persName>, and
<persName id="def2-128-19020113" type="defendantName">
<interp inst="def2-128-19020113" type="gender" value="male"/>
<interp inst="def2-128-19020113" type="age" value="27"/>
<interp inst="def2-128-19020113" type="surname" value="FRANCIS"/>
<interp inst="def2-128-19020113" type="given" value="ERNEST"/>
<hi rend="largeCaps">ERNEST FRANCIS</hi> (
<hi rend="italic">otherwise</hi>
<hi rend="largeCaps">
<rs id="t19020113-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def2-128-19020113 t19020113-alias-1"/>RAYCOTT</rs>)</hi> </persName> (27)
<rs id="t19020113-128-offence-1" type="offenceDescription">
<interp inst="t19020113-128-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020113-128-offence-1" type="offenceSubcategory" value="fraud"/>, Conspiring to obtain from
<persName id="t19020113-name-125" type="victimName">
<interp inst="t19020113-name-125" type="gender" value="female"/>
<interp inst="t19020113-name-125" type="surname" value="IDENDEN"/>
<interp inst="t19020113-name-125" type="given" value="EMILY JANE"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-128-offence-1 t19020113-name-125"/>Emily Jane Idenden</persName>, £500, and obtaining from her £200 and a cheque for £100, and Brooks obtaining credit by false pretences, and with intend to defraud, and Francis aiding and abetting him</rs>. Brooks</p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-128-verdict-1" type="verdictDescription">
<interp inst="t19020113-128-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-128-verdict-1" type="verdictSubcategory" value="no_subcategory"/>PLEADED GUILTY</rs> </hi>.</p>
<p>
<hi rend="smallCaps">MR. MATHEWS</hi> and
<hi rend="smallCaps">MR. BODKIN</hi>,
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. H. AVORY</hi>, K.C.,</p>
<p>
<hi rend="italic">Defended Francis.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-126" type="witnessName">
<interp inst="t19020113-name-126" type="gender" value="female"/>
<interp inst="t19020113-name-126" type="surname" value="IDENDEN"/>
<interp inst="t19020113-name-126" type="given" value="EMILY JANE"/>EMILY JANE IDENDEN</persName> </hi>. I live at 5, Wellington Road, Peckham—I formerly lived at St. Donot's Road, Brockley—I was Mrs. Bullock, and became a widow in 1899—I have since married and again become a widow—I have a daughter named Emily Maud Bullock—in 1899 I was possessed of some leasehold property at Greenwich and Brockley—Emily Maud assisted me in collecting the rents—in the early summer of 1899 Miss Amy Candy lived with us and occasionally went with my daughter to collect the rents—through Miss Candy I was introduced to the prisoner Francis, as Mr. Raycott—I understood that he was engaged to Miss Candy, that he was a comedian without an engagement, and that Brooks was a gentleman of independent means—Brooks paid attentions to my daughter—he said he was living at home with his mother at Cold harbour Lane, Brixton—that he had an allowance of £7 a month from her—that his uncle, a Mr. Davis, who had lived at Finchley Road, St. John's Wood, had lately died, and had left him a fortune of £14,000 to £16,000; that £3,000 was in houses, and the rest in money and plate in the Bank of England—he said that he should be 21 years of age on February 14th, 1900, and that he would then receive the property; that it was to be sold, and that Mr. Harding, a solicitor, of Chancery Lane, was arranging the uncle's affairs; and that he wanted £200 to pay for the probate of his uncle's will—Francis said that he had lent Brooks £500 for the same purpose—I said it was inconvenient for me to lend it, and suggested that his mother should advance it—Brooks said that be could not ask her as she was very much opposed to the will as she thought it ought to have been left to her instead of to him—I said I would think about it—a few days later I again saw the prisoners—I had turned the matter over in my mind—I agreed to lend £100—Francis said several times that he had lent Brooks £300 without security, because he had seen the papers relating to his uncle's will—he also said that he had Alhambra Music Hall shares which he could not sell as he would be the loser by it—I understood him to say that he had £800 worth of them—I entirely believed what the prisoners said—for the purpose of raising the money I deposited some of my leases with Messrs. Mumford—I handed £100 to Brooks on June 17th—he thanked me, and said he hoped I would let him have the other £100 in a fortnight—I agreed to that—I asked him for an I. O. U, which he brought in the evening and gave to my daughter—the signature upon it was Raycott—I put it in my box—later on I moved to other lodgings, after Miss Candy had married in August 30th, 1899—I could not find the I. O U.—on July 6th I got another £100 from Messrs. Mumford, a further loan of 25 per cent, on the leases, by this cheque which I handed to my daughter—I afterwards saw Brooks, who said he had received it all right,</p>
<xptr type="pageFacsimile" doc="190201130027"/>
<p>and thanked me—he said he had taken it to Mr. Harding—in July, Brooks said his mother had turned him out, and that he was living at the Kennington Social Club—Raycott was present, and said that Brooks wanted £50 for living expenses and to pay off his debts; that he had lent him 335 sovereigns, and could not let him have any more, as he was going to get married—I said that it was inconvenient to advance any more, but I thought the matter over and advanced £43 by this cheque of August 16th, obtained from Messrs. Mumford—after Francis married Miss Candy at the end of August I saw no more of them till, I think, June, 1900, but Brooks continued to call between August, 1899 and February, 1900—Brooks had about £200 more in sums of £2, £4, and sometimes more, for his living expenses—he said he had no money to go about on until he came of age—on February 14th, Brooks said he was celebrating his birthday, which was afterwards, and that there would be a trial at the Law Courts on March 19th as his mother had disputed the will, and that Sir George Lewis represented Brooks' mother's side—in consequence of that state
<lb/>ment I went to the Law Courts, had some conversation with an usher there, and then went to Somerset House—I went to Mr. Harding's "office," and found it was a tailor's shop—I found out nothing about the trial, or the probate suit—I spoke to Brooks about it—I had to sell and realise my property—I consulted Mr. Devonshire, a solicitor, and at one interview Brooks was present when this acknowledgment (
<hi rend="italic">Produced</hi>) of August 15th, that his debt to me amounted to £500 was drawn up, and signed by him—I got back £3 in small sums—in January, 1901, Francis and his wife called upon me—Mrs. Francis had called about 6 months before and
<hi rend="italic">recognised</hi> her debt of £10, which I had lent her—on January 7th, 1901, they asked me to lend them £30—they said they commiserated my position, and that it would benefit me, as they would allow me £1 a week—I had not any to lend, and did not advance any—I never got the £10 back which I had lent Miss Candy—in February, 1901, I accidentally met Brooks in the street—he showed me two papers, one signed by Raycott, and he said that he had had some of my money—I noticed my name on it "Mrs. Emily Jane Idenden "and" £50—one paper was stamped—I did not notice the other, I could not read it—he said it was the same—after I left Brooks I went straight to Francis' house for my £10—I saw Mr. and Mrs. Francis—I repeated what Brooks had said to me, that I had seen the documents, and that he, Francis, had had some of my money—I said they were for £250—Francis said if I had seen them they were forgeries—that was the last time I saw Francis—except £3 I have not had any part of my money back.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Francis was introduced to me in his professional name of Raycott, a comedian—I heard afterwards that he had been performing at Manchester in the pantomime, but I did not know of his doing anything-1 heard he was a whistler, but not that he had given up whistling through ill health—I heard his name was Francis—he said nothing about it—when the first £100 was advanced if Miss Candy was not living with me she was coming to and from the house as a friend of my daughter—I cannot remember dates—Brooks was pretending to pay attention to my daughter—I was married in August, 189S—my husband died in May—he had been dead three years—I cannot say more without</p>
<xptr type="pageFacsimile" doc="190201130028"/>
<p>the certificate—T conversed with Brooks mostly about his debts and his position—the Magistrate at Greenwich Police Court would not grant me a warrant—I cannot remember about it—I said before the Magistrate at Bow Street that I went with Mrs. Francis to the Camberwell Varieties Music Hall after January, 1901—it was in January, I believe—I will not try to give dates, because I do not remember, why should I?—Brooks stopped coming when I was sold up—I did not ask him to come—I found out that he was with other people and did not want him; that he was "carrying on" with some other woman, and that he was a liar—when I found that he had no money I told him I would lock him up—I imagined he had no money before I went to Mr. Devonshire—I told Brooks that he and Francis had had my money between them—Francis took the £10 I lent my daughter—she gave it to him—I was told that by my daughter—it was not a loan to Miss Candy—I spoke to Francis about Brooks only when they were together—as far as I remember Francis said my money was as safe as the Bank of England.</p>
<p>
<hi rend="italic">Re-examined.</hi> Raycott showed me the documents in February, 1901—I went the same day to Brooks, and afterwards to Greenwich Police Court—the prisoners said they would pay me, but they never came near, and Mrs. Raycott said she would write, but she never did, about the £10—after waiting I went to the Police Court—I always knew Francis as Raycott.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-127" type="witnessName">
<interp inst="t19020113-name-127" type="gender" value="female"/>
<interp inst="t19020113-name-127" type="surname" value="BULLOCK"/>
<interp inst="t19020113-name-127" type="given" value="EMILY MAUD"/>EMILY MAUD BULLOCK</persName> </hi>. I live with Mrs. Idenden, my mother—I work at Messrs. Peek Frean & Co.'s—in 1899 I used to know Miss Candy, who occasionally went with me to collect my mother's rents—she introduced me to the prisoners; to Francis as Raycott—they visited my mother's house a few weeks after I was introduced—I understood that Raycott and Miss Candy were engaged to be married—after a time Brooks paid attention to me—Raycott and I were present when Brooks told my mother that he was independent, that he had £7 a month from his mother for pocket money, that he was coming into between £14,000 and £16,000 from his uncle, Mr. Davis, who was dead, but who had left him £3,000 worth of houses, and the rest of his property in plate and money in the Bank of England—Francis said he had lent Brooks £300, and would lend him £1,000 if he had it, to pay probate on his uncle's will, and that he had signed a document relating to that will—Brooks said that he should be 21 on February 14th, 1900, when he would come into his fortune—prior to that conversation Brooks knew what my mother's property was; I had been talking to him—Francis said he had shares in the Alhambra Music Hall worth about £800, but they were paying so well that he could not sell out—Brooks first asked my mother to advance £200—she said it was inconvenient, but she would consider the matter—having considered it she agreed to advance £100—it was paid over in coin—then Brooks asked for the other £100—my mother said she would make the advance—it was paid by cheque, which she handed to Brooks, having deposited securities with Messrs. Mumford—Raycott was present—Brooks gave me an I.O.U. for the first advance, I believe the same evening—he signed, and Raycott witnessed it—I put it in my mother's box where I kept papers—I have seen it there since—we have lately removed—I missed it after Miss Candy left—later on Brooks sail that his mother</p>
<xptr type="pageFacsimile" doc="190201130029"/>
<p>had turned him out on account of his coming into the property—he had been living in Cold harbour Lane, but; he had gone to the Kermington Social Club—he said he had become indebted £5 14s. for four days, and he proposed another advance of £50—Raycott was present—mother said she would consider it—she did so, and agreed and deposited security at Mumford's, and got the cheque which I changed at the London and County Bank—I handed the proceeds to Brooks—Miss Candy came to live with us between June and July, 1899, for 6 or 7 weeks—she remained till shortly before her marriage—she was in the house when the second £100 was advanced—she was living there on July 6th and 13th—shortly after the third sum had been paid I overheard Brooks say to Hiss Candy, "You owe £20"—that she had had £20 commission—Raycott was there—Brooks said she was asking for £2 10s. more—Miss Candy was asking for more money, and Brooks said, "You have had £20, I shan't give you any more"—I was then keeping company with Brooks—I lent him £60 more. £30 being my mother's money—on February 14th Brooks said his mother was contesting the will, and that he could not settle; that the matter was to be tried on March 14th, and Sir George Lewis was engaged for Mrs. Brooks—my mother and sister made inquiries, and they told me the result—my mother told Brooks—hs said he could not settle then, but he had plenty to pay her—mother said that she had been to the Law Courts and found that there was no trial—she asked him about the money—he said, "Do not lock me up, I shall have sufficient to pay you, I have £30,000"—the acquaintance continued till I heard about Brooks and some other lady; then the engagement was broken off—after Miss Candy's marriage she did not visit us—my mother saw them first—I saw them 12 months afterwards.</p>
<p>
<hi rend="italic">Cross-examined.</hi> My mother advanced money to Brooks till February—the engagement between me and Brooks was broken off between May and June—he visited occasionally till June—when Brooks was introduced to my mother he had been walking out with me 5 or 6 weeks—I knew him in March—Francis was present when Brooks was introduced—Miss Candy was not living there then—Miss Candy introduced me to Brooks—Brooks and Francis were always together—the conversation about the £2 10s. took place in the dining-room at 68, Penrailton Road, in 1899, my mother's house—Miss Candy, Brooks, Francis, and Mr. Glassing were present—Glassing represented himself as a friend of Raycott's—I was going into the room and heard a bother and stopped outside the door and listened till they all came out and said Mr. Brooks would not pay her—I was given to understand that Mr. and Mrs. Francis lived in Vassal Road, but I went there and found no such name—my mother told me she saw them in 1901—she said she had been to a music hall with Mrs. Francis—I cannot recollect dates.</p>
<p>
<hi rend="italic">Re-examined.</hi> I first knew Raycott's name was Francis when they came to mother's house about May 1899 before the marriage—I was still engaged to Brooks.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-128" type="witnessName">
<interp inst="t19020113-name-128" type="gender" value="male"/>
<interp inst="t19020113-name-128" type="surname" value="GRIFFITH"/>
<interp inst="t19020113-name-128" type="given" value="ARTHUR"/>ARTHUR GRIFFITH</persName> </hi>. I am secretary to Sir George Lewis, of the firm of Lewis & Lewis—we have no connection in any way with the prisoner Francis, or Brooks, or any will of Mr. Davis, nor in any probate suit in regard to them.</p>
<xptr type="pageFacsimile" doc="190201130030"/>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-129" type="witnessName">
<interp inst="t19020113-name-129" type="gender" value="male"/>
<interp inst="t19020113-name-129" type="surname" value="BRIGGS"/>
<interp inst="t19020113-name-129" type="given" value="EMANUEL"/>EMANUEL BRIGGS</persName> </hi>. I am a clerk in the Registrar of Deaths Office, Somprset House—I find no register of the death of a Mr. Davis, of Finchley Road, St. John's Wood, in 1888 or 1889.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-130" type="witnessName">
<interp inst="t19020113-name-130" type="gender" value="male"/>
<interp inst="t19020113-name-130" type="surname" value="HARDING"/>
<interp inst="t19020113-name-130" type="given" value="REGINALD TUFFLEY"/>REGINALD TUFFLEY HARDING</persName> </hi>. I am a solicitor, of 67, Lincoln's Inn Fields—I once had an office at 77, Chancery Lane—I do not know Francis nor Brooks, nor of any will of Mr. Davis, of Finchley Road.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-131" type="witnessName">
<interp inst="t19020113-name-131" type="gender" value="male"/>
<interp inst="t19020113-name-131" type="surname" value="GAYFORD"/>
<interp inst="t19020113-name-131" type="given" value="DUDLEY JOHN"/>DUDLEY JOHN GAYFORD</persName> </hi>. I live at 22, Alfred Place, West—I am accountant for the Alhambra Music Hall Co., Ltd.—from 1875 to the present time no Ernest Francis nor George Raycott has been a share-holder in that Company.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-132" type="witnessName">
<interp inst="t19020113-name-132" type="gender" value="male"/>
<interp inst="t19020113-name-132" type="surname" value="MUMFORD"/>
<interp inst="t19020113-name-132" type="given" value="EDWIN"/>EDWIN MUMFORD</persName> </hi>. I advanced £243 to Mrs. Idenden—one advance was by this cheque of July 6th.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-133" type="witnessName">
<interp inst="t19020113-name-133" type="gender" value="male"/>
<interp inst="t19020113-name-133" type="surname" value="STEADMAN"/>
<interp inst="t19020113-name-133" type="given" value="CHARLES"/>CHARLES STEADMAN</persName> </hi>. I am cashier at the Church Street Greenwich branch of the London and County Bank—this cheque of July 6th was cashed on July 7th by £30 in gold, and £70 in 14 £5 bank notes, Nos. 81558 to 81571.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-134" type="witnessName">
<interp inst="t19020113-name-134" type="gender" value="male"/>
<interp inst="t19020113-name-134" type="surname" value="BALDERSON"/>
<interp inst="t19020113-name-134" type="given" value="JOHN"/>JOHN BALDERSON</persName> </hi>. I am manager of the Southwark branch of the London and South Western Bank—the prisoner, Ernest Francis, opened an account on August 17th, 1899, in the name of George Raycott, by a payment in of £50, £20 in coin, and £30 in 6 £5 notes—four of them were numbered 81564-5-6-7 and one 85570—the signature on this receipt, "George Raycott," is that of Francis, to the best of my belief.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I knew him before he opened the account, and that his real name was Francis, and Raycott his professional name, and that he had been employed in pantomime and on the stage, in the name of Raycott—I have known him since he was 6 years of age, and was satisfied to open the account without any reference.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-135" type="witnessName">
<interp inst="t19020113-name-135" type="gender" value="female"/>
<interp inst="t19020113-name-135" type="surname" value="NELSON"/>
<interp inst="t19020113-name-135" type="given" value="SUSANNAH"/>SUSANNAH NELSON</persName> </hi>. I
<hi rend="italic">live</hi> at 28, Tunstall Road, Brixton—at the end of August. 1900, Brooks took a room of me—he left in February last year—he left this black bag, which I handed to Detective Wilson in December.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-136" type="witnessName">
<interp inst="t19020113-name-136" type="gender" value="male"/>
<interp inst="t19020113-name-136" type="surname" value="WILSON"/>
<interp inst="t19020113-name-136" type="given" value="JAMES"/>JAMES WILSON</persName> </hi> (
<hi rend="italic">Detective, C.</hi>) I received this black bag from Mrs. Nelson on December 13th—I opened it and found this certificate, dated August 17th, 1899, signed "George Raycott": "This is to certify that I Ernest Francis, otherwise known as George Raycott, have received of you the sum of £118 10s., being half the amount of £237 lent us by Mrs. Idenden, of 68, Penrailton Road, Brockley."</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-137" type="witnessName">
<interp inst="t19020113-name-137" type="gender" value="male"/>
<interp inst="t19020113-name-137" type="surname" value="CLARK"/>
<interp inst="t19020113-name-137" type="given" value="ARTHUR"/>ARTHUR CLARK</persName> </hi> (
<hi rend="italic">Police Sergeant, C.</hi>) On December 11th I took Francis in custody on a warrant—I was with another officer—I told him we were police officers, and read the warrant to him—it charged him with obtaining money from Mrs. Idenden, and conspiracy and false pretences—he said, "I have never had any of the money from Mrs. Bullock, and I can prove it"—I had previously arrested Brooks.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I cannot swear to the two certificates signed Raycott—they appear to be in different writing, one is a finer writing than the other.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-138" type="witnessName">
<interp inst="t19020113-name-138" type="gender" value="female"/>
<interp inst="t19020113-name-138" type="surname" value="BULLOCK"/>
<interp inst="t19020113-name-138" type="given" value="EMILY MAUD"/>EMILY MAUD BULLOCK</persName> </hi> (
<hi rend="italic">Re-examined by</hi>
<hi rend="smallCaps">MR. AVORY</hi>.) The music hall my mother went to was called "The Camberwell Palace of Varieties"—I believe it was first called "The Orient"—Francis never talked about it nor about himself, or his father, nor as to having shares in it.</p>
<xptr type="pageFacsimile" doc="190201130031"/>
<p>
<hi rend="italic">Francis, in his defence, on oath, denied that he had ever stated that he had lent Brooks £800, or that he had £800 worth of Alhambra shares, but stated that he had shares in the Oriental Palace at Camberwell, and had borrowed money from Brooks and signed the acknowledgement produced, but never had money from Mrs. Bullock, nor assisted to deceive her, but that he borrowed the money from Brooks, and denied that he had conspired with Brooks to obtain it from the prosecutrix by fraud; or that he knew that Brooks was obtaining the money by fraud from her; or that he knowingly signed the I. O. T. for the joint repayment to the prosecutrix; that Brooks gave him to understand that he, Brooks, would repay the same to the prosecutrix when he came into his money on his coming of age.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-128-verdict-2" type="verdictDescription">
<interp inst="t19020113-128-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-128-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="largeCaps">FRANCIS</hi>
<hi rend="italic">
<rs id="t19020113-128-punishment-19" type="punishmentDescription">
<interp inst="t19020113-128-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-128-punishment-19" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-128-19020113 t19020113-128-punishment-19"/>Nine months' hard labour</rs> </hi>;</p>
<p>
<hi rend="largeCaps">BROOKS</hi>
<hi rend="italic">
<rs id="t19020113-128-punishment-20" type="punishmentDescription">
<interp inst="t19020113-128-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-128-punishment-20" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-128-19020113 t19020113-128-punishment-20"/>Six months hard labour.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">FOURTH COURT</hi>,
<hi rend="italic">Friday and Saturday, January</hi> 17
<hi rend="italic">th and</hi> 18
<hi rend="italic">th</hi>, 1902.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t19020113-129">
<interp inst="t19020113-129" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-129" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-129-charge-1" targOrder="Y" targets="def1-129-19020113 t19020113-129-offence-1 t19020113-129-verdict-1"/>
<join result="criminalCharge" id="t19020113-129-charge-2" targOrder="Y" targets="def2-129-19020113 t19020113-129-offence-1 t19020113-129-verdict-1"/>
<p>129.
<persName id="def1-129-19020113" type="defendantName">
<interp inst="def1-129-19020113" type="gender" value="male"/>
<interp inst="def1-129-19020113" type="age" value="47"/>
<interp inst="def1-129-19020113" type="surname" value="GILBERT"/>
<interp inst="def1-129-19020113" type="given" value="LOUIS"/>
<hi rend="largeCaps">LOUIS GILBERT</hi> (47)</persName>, and
<persName id="def2-129-19020113" type="defendantName">
<interp inst="def2-129-19020113" type="gender" value="male"/>
<interp inst="def2-129-19020113" type="age" value="33"/>
<interp inst="def2-129-19020113" type="surname" value="BURTON"/>
<interp inst="def2-129-19020113" type="given" value="LEON"/>
<hi rend="largeCaps">LEON BURTON</hi> (33)</persName>
<rs id="t19020113-129-offence-1" type="offenceDescription">
<interp inst="t19020113-129-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020113-129-offence-1" type="offenceSubcategory" value="fraud"/>, Conspiring together to forge certain bonds.
<hi rend="italic">Second Count</hi>, conspiring to alter the said bonds with intent to defraud.
<hi rend="italic">Other Counts</hi>, for uttering the said bonds and inciting one
<persName id="t19020113-name-141">
<interp inst="t19020113-name-141" type="gender" value="male"/>
<interp inst="t19020113-name-141" type="surname" value="HUME"/>
<interp inst="t19020113-name-141" type="given" value="GUSTAVE"/>Gustave Hume</persName> to commit a felony.</rs> </p>
<p>
<hi rend="smallCaps">MR. A. GILL</hi> and
<hi rend="smallCaps">MR. CAMPBELL</hi>
<hi rend="italic">Prosecuted.</hi> Lord Coleridge K.C., and Mr. Randolph
<hi rend="italic">appeared for. Gilbert</hi>, and Mr. Hutton
<hi rend="italic">for Burton</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-142" type="witnessName">
<interp inst="t19020113-name-142" type="gender" value="male"/>
<interp inst="t19020113-name-142" type="surname" value="HUME"/>
<interp inst="t19020113-name-142" type="given" value="GUSTAVE"/>GUSTAVE HUME</persName> </hi> (
<hi rend="italic">Interpreted.) I</hi> am a printer, of 46, Lexington Street, Soho—I have done work for the prisoner Burton for two years—he came to my shop on November 18th and brought some coupons from French bonds: Chemin de Fer de Midi, Chemin de Fer de L'Ouest and Chemin de Fer de Algerien—he asked me to alter the figures on them, and said if I suc
<lb/>ceeded he would bring me some bonds to alter also, and that he wanted them altered so that he could sell them in America, as they could not be negotiated in England as they had been stopped, that there were about 100 bonds to be altered, and that I should receive 12s. 6d. for each—I saw him again three days after, and he then showed me an article in the
<hi rend="italic">Daily Telegraph</hi> stating that the man who had given him the bonds had been arrested—I had previously communicated with the Credit Lyonnais—and on November 23rd I went with Inspector Sexton and Sergeant Carlin to 67, Oakley Square, and saw Burton there—I returned the coupons to him and said T would have nothing more to do with the matter—he then tore the coupons up and threw the pieces down, and the officers gathered them together again.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUTTON</hi>. The business I did with him previous to this was perfectly honest and straightforward—he did not ask me to look and see whether the numbers had been altered—he told me to turn 3 into 5 and 0 into 9—I first knew of Gilbert's arrest when Burton showed me the newspaper.</p>
<xptr type="pageFacsimile" doc="190201130032"/>
<p>
<hi rend="italic">Re-examined.</hi> Thursday was the second occasion when Burton came to me, and I had communicated with the Police on the day before.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-143" type="witnessName">
<interp inst="t19020113-name-143" type="gender" value="male"/>
<interp inst="t19020113-name-143" type="surname" value="SEXTON"/>
<interp inst="t19020113-name-143" type="given" value="CORNELIUS"/>CORNELIUS SEXTON</persName> </hi> (
<hi rend="italic">Police Inspector.</hi>) I saw Burton at Seymour Street, adjoining his house, on November 23rd—I sent for him to come into the public street—he did so, and I then saw him tearing up some paper—Carlin gathered up the pieces, and I then said—"I am a police officer; these are French coupon, how do you account for the possession of them"—he said, pointing to Hume, "That man gave them to me"—I said, "These coupons have been detached from bonds, now in the pos
<lb/>session of the police, being found on the premises of Louis Gilbert Low under remand"—he said, "Yes, I got 'them' four from Gilbert in the bar of a public house; I do not know where the house is: he asked me to see if they were good, and make money on them, so I took them to the printer. Gilbert is now locked up, so that is why I tore them up"—he was then taken to the police station and charged.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUTTON</hi>. We made a thorough search of his house, but found nothing relating to this charge—he lives with his wife, who is a most respectable woman, and, so far as I know, he is not known to the police in any way.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-144" type="witnessName">
<interp inst="t19020113-name-144" type="gender" value="male"/>
<interp inst="t19020113-name-144" type="surname" value="CARLIN"/>
<interp inst="t19020113-name-144" type="given" value="FRANCIS"/>FRANCIS CARLIN</persName> </hi> (
<hi rend="italic">Detective Sergeant.</hi>) I went to Seymour Street with the last two witnesses, and saw Burton tear something up—it was pieced together, and these are the pieces (
<hi rend="italic">Produced</hi>)—at the station he said, "Is this very serious for me?"—I said, "I do not know"—he said, "This is very hard, I am a respectable man and not like other Frenchmen; a Frenchman named La Bombe or Louis Gilbert, who keeps bad houses and bad women in South Kensington gave me the coupons; I have done some business with him, and have known him for over a year; he was going to give me some bonds later on—he said, 'do what you can with the coupons '—I took them to the printer to see if they were all right—I am not a man like La Bombe: I am carrying on business now with an English partner"—I searched him and found some blank cheques on the London City and Midland Bank; a French Oriental Railway Bond and some Confederate State Notes, frequently used by "confidence trick" men—at his house I found a French Tramway Bond which he said he bought two years ago at the Paris Stock Exchange.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUTTON</hi>. Nothing was found either on him or at his house, except the coupons, connecting him with Gilbert.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-145" type="witnessName">
<interp inst="t19020113-name-145" type="gender" value="male"/>
<interp inst="t19020113-name-145" type="surname" value="CLARKE"/>
<interp inst="t19020113-name-145" type="given" value="ARTHUR"/>ARTHUR CLARKE</persName> </hi> (
<hi rend="italic">Police Sergeant C.</hi>) On November 19th, I went with other officers to Gilbert's address, 2, Alfred Place, South Kensington—in a room on the third floor I found this portmanteau (
<hi rend="italic">Produced</hi>) containing 82 French bonds, which I produce—on the same day, after being released from another charge, Gilbert was brought there, and inspector Hayter said to him, "We are police officers, and we want you to explain how those bonds, which were upstairs, came into your possession"—he said, 'I lent a man £30 on them, and he gave me them as security"—Hayter said, "Who is the man?"—he said, "I do not know, but he lives in a large house in Leicester Square with a lift to it, which took me to a suite of apartments occupied by a gentleman"—Hayter said, "Is he living there now?"—he said, "No, he went to the Transvaal about a fortnight ago"—he was subsequently charged at Waltham Street</p>
<xptr type="pageFacsimile" doc="190201130033"/>
<p>Police Station, and on the charge being read over to him, he said, "I can prove where I got them from to-morrow or next day"—this is a receipt he showed Hayter, which he said was for the coupons.</p>
<p>
<hi rend="italic">Cross-examined by</hi> Lord Coleridge. I took that conversation down in writing, and it is the substance of what I said at the Police Court—he said he received the bonds as security for a loan—he spoke in fairly good English, with a French accent—this (
<hi rend="italic">Produced</hi>) is a receipt for silk which he put forward as a receipt for the coupons.</p>
<p>
<hi rend="italic">Re-examined.</hi> He said he had papers to prove that he had bought the bonds, but that was the only paper he produced.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-146" type="witnessName">
<interp inst="t19020113-name-146" type="gender" value="male"/>
<interp inst="t19020113-name-146" type="surname" value="HAYTER"/>
<interp inst="t19020113-name-146" type="given" value="HENRY"/>HENRY HAYTER</persName> </hi> (
<hi rend="italic">Detective Inspector B</hi>). I was present on. November 19th when Gilbert's house was searched—I made a list of the bonds found there—among them were the bonds which have been read out, viz: Chemin de Per de L'Ouest, 262398; Chemin de. Fer de Midi, 337518, and Chemin de Fer de Algerien, 150211.</p>
<p>
<hi rend="italic">Cross-examined by</hi> Lord Coleridge. A document was found on Gilbert's premises, dated 13th August, 1897, which set out that money was owing by a man named Garfunkel to Gilbert—it bears the French Consul's stamp, and is put in as an Exhibit—we came upon evidence showing that; Gilbert was in communication with French lawyers as to prosecuting a claim against the estate of Garfunkel for money owing to him by Garfunkel.</p>
<p>
<hi rend="italic">Cross-examined by</hi> Mr. Hutton. I have made inquiries both here and abroad about Burton, but nothing is known against him by the police in any way.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-147" type="witnessName">
<interp inst="t19020113-name-147" type="gender" value="female"/>
<interp inst="t19020113-name-147" type="surname" value="GALEBRAM"/>
<interp inst="t19020113-name-147" type="given" value="MARIE JOSEPHINE"/>MARIE JOSEPHINE GALEBRAM</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I live at 33, Rue de Constantinople, Paris—in August, 1900, I was at Besier—the house at which I was staying was broken into and bonds belonging to me, valued at 100,000 francs stolen, these are them before me—I made opposition and they were stopped.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-148" type="witnessName">
<interp inst="t19020113-name-148" type="gender" value="female"/>
<interp inst="t19020113-name-148" type="surname" value="MIGNON"/>
<interp inst="t19020113-name-148" type="given" value="CHARLOTTE"/>CHARLOTTE MIGNON</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I live at 8, Rue de Millhouse, Paris, which was broken into on February 9th, 1901, and bonds valued at 6,000 francs stolen—this is a list of them (
<hi rend="italic">Produced</hi>), amongst them is one called Obligation du Nord 1508496 found at Gilbert's house—I made opposition and they were stopped—I identify that bond as my property.</p>
<p>----
<hi rend="smallCaps">CURRY</hi> (
<hi rend="italic">Detective Officer</hi>). I made the translations of the documents which have been put in, and they are correct.</p>
<p>
<hi rend="italic">Gilbert, in his defence, stated on oath, that a man named Garfunkel, with his mother, sister and younger brother, came to stay at his house, Thurloe Cottage, in January, 1897, and he learnt that he had large expectations; that he, Gilbert, advanced him money from time to time for eight months, and that finally, on August 18th, in that year, he, Garfunkel, acknowledged himself before the French Consul, in the presence of two witnesses, to be indebted to him, Gilbert, to the amount of 100,000 francs, and up to September, 1901-, nothing had been paid off; that he had in the mean time communicated with French lawyers for the purpose of recovering the amount; that he next saw Garfunkel in September, 1901, and advanced him another £80 and received from him a valise containing papers, and a promise to pay everything when he came of age, and that Garfunkel handed him 30,000 francs worth of bonds as security, and those bonds were in the</hi> </p>
<xptr type="pageFacsimile" doc="190201130034"/>
<p>
<hi rend="italic">avlise when it was given to him, and were those found by the police at his house, and if he had known they were stolen he would not have accepted them; that he did not know how Burton came possessed of some of the coupons; that he did not give them to him, and had known Burton only a year, and the coupons were cashed 18 months ago; that the correspondence found by the police was also handed to him by Garfunkel, and he had never read it; and that he did not write the letter signed La Bombe which was found on his premises referring to a burglary and some bonds stolen over 20 years ago, and for which he received six months' imprisonment in Paris, although he did not touch the bonds; he denied that it referred to the bonds which were the subject of the present charge.</hi> </p>
<p>
<hi rend="italic">Witnesses for Gilbert.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-149" type="witnessName">
<interp inst="t19020113-name-149" type="gender" value="male"/>
<interp inst="t19020113-name-149" type="surname" value="DARSON"/>
<interp inst="t19020113-name-149" type="given" value="CORNEILLE"/>CORNEILLE DARSON</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I have lived at Thuiloe Cottage and 2, Alfred Place, South Kensington, for the past 6 years—in 1897, a young man, named George Garfunkel, came there with his mother, sister, and brother—they all had their meals there every day from February to September—they did not sleep there—they lived in good style, going out for drives and so on almost every day—I saw, many times, his coming to borrow money from Monsieur Gilbert—I never saw Garfunkel write, and should not recognise his writing.</p>
<p>
<hi rend="italic">Cross-examined by</hi> Mr. Campbell. Gilbert lived there all the time: I lived there as Gilbert's lodger—I never saw Garfunkel again after 1897 when he left for good—I knew nothing about his business except that he was a jewel merchant—I kept the key of his safe where his jewellery was, but I ignored absolutely what it contained—I also had the key of the attic where the bonds were found—I kept a joint banking account with Gilbert—he never told me that he had received certain bonds as security for the debt owing to him by Garfunkel—the lease of 2, Alfred Place was not assigned to me: I bought the furniture in November, 1901—I have no occupation—I have friends who keep me.</p>
<p>
<hi rend="italic">Re-examined.</hi> I had nothing whatever to do with Gilbert's business—I first resided with him at Thurlow Cottage, 17, Thurloe Place—I cannot say accurately when we removed to Alfred Place.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I had great confidence in him, and as it is rather risky for a lonely woman top'ace money, it is for that reason that I had a joint banking account with him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-150" type="witnessName">
<interp inst="t19020113-name-150" type="gender" value="female"/>
<interp inst="t19020113-name-150" type="surname" value="DELMOTT"/>
<interp inst="t19020113-name-150" type="given" value="PAULINE, WIDOW"/>PAULINE, WIDOW DELMOTT</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I live at 21, Rue St. Honore, Paris—I was employed as servant at Thurloe Cottage by Monsieur Gilbert from 1896 to 1897, when I left—I remember George Garfunkel coming there in January or February 1897 and leaving in September—he came with his mother, sister, and brother, and I knew they all lived at Gilbert's expense—Madame Darson was there as a lodger from the time I entered, and continued when I left.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CAMPBELL</hi>. I left for Paris at the end of September 1857—M. Garfunkel was lodging in the house on the ground floor at Thurloe Place—I was sleeping upstairs and went to bed early, so that I did not know when he entered—I never saw Garfunkel nor Madame Darson after 1897—Madame Darson sent me word that I had to come over on Monday last to testify that I had been a servant in the</p>
<xptr type="pageFacsimile" doc="190201130035"/>
<p>house of Monsieur Gilbert—I knew Garfunkel spent much money, but I did not know any particulars—Gilbert had no other lodgers besides Madame Darson.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-151" type="witnessName">
<interp inst="t19020113-name-151" type="gender" value="male"/>
<interp inst="t19020113-name-151" type="surname" value="TORNIER"/>
<interp inst="t19020113-name-151" type="given" value="JULES"/>JULES TORNIER</persName> </hi>. I am a photographer, of 80, Shaftesbury Avenue—in September last year I was in the Cafe de L'Europe, Leicester Square, where I saw Gilbert with a young man, short, dark, whom I saw give Gilbert some papers—I did not hear any conversation, but saw Gilbert give the young man bank notes and gold—after, I do not remember whether in the presence of Gilbert or not, the young man told me that he owed much money to Gilbert, and hoped he should soon be able to return it to him—I do not know who the young man was, nor do I know his name.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CAMPBELL</hi>. I never, knew the young man before—he told me this because he had given the papers to Gilbert in my presence—I have never seen him since.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-152" type="witnessName">
<interp inst="t19020113-name-152" type="gender" value="male"/>
<interp inst="t19020113-name-152" type="surname" value="DARSON"/>
<interp inst="t19020113-name-152" type="given" value="CORNEILLE"/>CORNEILLE DARSON</persName> </hi> (
<hi rend="italic">Re-examined</hi>). Garfunkel was a young man,
<hi rend="italic">petite</hi> and dark.</p>
<p>
<hi rend="italic">Cross-examined</hi> by
<hi rend="smallCaps">MR. CAMPBELL</hi>. I have been in Court since I gave my evidence.</p>
<p>
<hi rend="italic">Burton, in his defence, stated on oath that he became acquainted with Gilbert about 18 months ago, and that the coupons he tore up he received from Gilbert about 9 or 10 days before he was arrested; that Gilbert told him to take them to a printer to see if the numbers on them had been altered, and, to ask the printer if he could make alterations on them; that he afterwards saw in a newspaper that Gilbert was arrested, and pointed it out to the printer, and told him not to do anything with the coupons as he feared they belonged to the bonds that were found in Gilbert's house by the police; that the coupons were subsequently handed back to him, and he was arrested while he was tearing them up; that he never knew or saw Garfunkel, neither was he to receive any remnneration for getting the numbers on the coupons altered, nor did he tell the printer that he would be paid 12s. 6d. for altering them, nor did he know that they had been stolen until he saw the account of Gilbert's arrest. (Burton received a good character</hi>).</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-153" type="witnessName">
<interp inst="t19020113-name-153" type="gender" value="male"/>
<interp inst="t19020113-name-153" type="surname" value="HUME"/>
<interp inst="t19020113-name-153" type="given" value="GUSTAVE"/>GUSTAVE HUME</persName> </hi> (
<hi rend="italic">Re-examined</hi>). Burton asked me to alter the numbers on the coupons on the same day that he brought them.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-154" type="witnessName">
<interp inst="t19020113-name-154" type="gender" value="male"/>
<interp inst="t19020113-name-154" type="surname" value="HATTER"/>
<interp inst="t19020113-name-154" type="given" value="HENRY"/>HENRY HATTER</persName> </hi> (
<hi rend="italic">Re-examined</hi>). We found the bonds in the port-manteau—the Garfunkel papers were in the safe.</p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-129-verdict-1" type="verdictDescription">
<interp inst="t19020113-129-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-129-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">Burton was strongly recommended to mercy by the Jury—
<rs id="t19020113-129-punishment-21" type="punishmentDescription">
<interp inst="t19020113-129-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-129-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-129-19020113 t19020113-129-punishment-21"/>Four months' imprisonment</rs>—Previous convictions were proved against Gilbert, who was known to be a receiver of stolen property , and an associate of prostitutes and brothel keepers in the WestEnd.—
<rs id="t19020113-129-punishment-22" type="punishmentDescription">
<interp inst="t19020113-129-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-129-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-129-19020113 t19020113-129-punishment-22"/>Two years' imprisonment</rs>.</hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Saturday, January</hi> 18
<hi rend="italic">th</hi>, 1902.</p>
<p>
<hi rend="italic">Before Mr. Justice Jelf.</hi> </p>
<div1 type="trialAccount" id="t19020113-130">
<interp inst="t19020113-130" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-130" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-130-charge-1" targOrder="Y" targets="def1-130-19020113 t19020113-130-offence-1 t19020113-130-verdict-1"/>
<p>130.
<persName id="def1-130-19020113" type="defendantName">
<interp inst="def1-130-19020113" type="gender" value="female"/>
<interp inst="def1-130-19020113" type="age" value="32"/>
<interp inst="def1-130-19020113" type="surname" value="TOPLISS"/>
<interp inst="def1-130-19020113" type="given" value="JANE"/>
<hi rend="largeCaps">JANE TOPLISS</hi> (32)</persName>, was indicted
<rs id="t19020113-130-offence-1" type="offenceDescription">
<interp inst="t19020113-130-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19020113-130-offence-1" type="offenceSubcategory" value="manslaughter"/>for and charged on the Coroner's inquisition with the manslaughter of
<persName id="t19020113-name-156" type="victimName">
<interp inst="t19020113-name-156" type="gender" value="male"/>
<interp inst="t19020113-name-156" type="surname" value="TOPLISS"/>
<interp inst="t19020113-name-156" type="given" value="JOHN CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-130-offence-1 t19020113-name-156"/>John Charles Topliss</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. HUTTON</hi>
<hi rend="italic">for the prosecution offered no evidence.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-130-verdict-1" type="verdictDescription">
<interp inst="t19020113-130-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19020113-130-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t19020113-131">
<interp inst="t19020113-131" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-131" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-131-charge-1" targOrder="Y" targets="def1-131-19020113 t19020113-131-offence-1 t19020113-131-verdict-1"/>
<xptr type="pageFacsimile" doc="190201130036"/>
<p>131.
<persName id="def1-131-19020113" type="defendantName">
<interp inst="def1-131-19020113" type="gender" value="female"/>
<interp inst="def1-131-19020113" type="surname" value="TOPLISS"/>
<interp inst="def1-131-19020113" type="given" value="JANE"/>
<hi rend="largeCaps">JANE TOPLISS</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t19020113-131-offence-1" type="offenceDescription">
<interp inst="t19020113-131-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19020113-131-offence-1" type="offenceSubcategory" value="other"/> for, that she, having the charge of
<persName id="t19020113-name-158" type="victimName">
<interp inst="t19020113-name-158" type="gender" value="male"/>
<interp inst="t19020113-name-158" type="surname" value="TOPLISS"/>
<interp inst="t19020113-name-158" type="given" value="JOHN CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-131-offence-1 t19020113-name-158"/>John Charles Topliss</persName>, did neglect him in a manner likely to cause him unnecessary suffering and injury to his health.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-159" type="witnessName">
<interp inst="t19020113-name-159" type="gender" value="male"/>
<interp inst="t19020113-name-159" type="surname" value="TOPLISS"/>
<interp inst="t19020113-name-159" type="given" value="JOSEPH WILLIAM"/>JOSEPH WILLIAM TOPLISS</persName> </hi>. I am a lithograhic printer—the prisoner is my wife—I have had two children by her, the oldest is 5 years old—one child was born on November 11th, last year and died in January, this year it was a small child, it was fed at the breast for the first day or two and then by the bottle—she was able to go out 14 days after her confinement—before and after her confinement I allowed her half-a-crown at the least for the house—I paid the rent—I used to go out at 8 a.m., and return at 7 or 7.30—she was generally out when I came home, and the child with her; but once the child was left lying on the bed with nobody in the place to look after it—she was not always the worse for drink when I returned, but she was generally—on December 18th I was at home when she came home at 8.30 or 8.45—I was sitting in my room and heard bang bang on the stairs, and the boy cried—I went out and found my wife lying at the bottom of the stairs and the baby under her—she was the worse for drink, but I did not know it at the time—I went across for a doctor to see if the child was hurt, but it was not, she must have held it in some way so that it was preserved from injury—on December 27th I returned and found the child alone and ray wife out—it was on the bed with its clothes on—it was dirty, and looked very queer—I saw the bottle; the milk was sour and the bottle dirty; I cleaned it and got some fresh milk and gave to it—I went out and found my wife in the Haberdasher's Arms—on December 31st I saw her out with Mrs. Pope and the two children, getting on for 9 o'clock, and took the child from Mrs. Pope, and my wife and I went home together—when I went home on January 2nd my wife was lying on the little boy's bed—she had been drinking—the bed was against the wall—the baby was lying down and appeared to be in a dying condition—I took it to Dr. James and brought it back, and asked my wife to get up and look after it, but she did not do so—Dr. James had told me to come back in an hour—I did so, and when I got back I found that the baby was dead—my wife on some occasions suffered from fits, but on the occasion I have spoken of I should say that she was in drink—she was very nice on Christmas Day—before the child was born I saw her the worse for drink about two days a week, and after it was born she was wore.</p>
<p>
<hi rend="italic">Cross-examined by the prisoner.</hi> I am sure I gave you half-a-crown a day, and more if you wished it—you were a sober woman when I married you so far as I know—I did not teach you to drink—you went out with your shopmates—you delivered yourself; it was a seven months' child, and it took me by surprise—you had Dr. Galloway after the child was born—I objected to your going to your mother's because you were always out when I came home—once, about two years ago I came home the worse for drink, but not at other
<hi rend="italic">times</hi>—I struck you about 12 months ago when we lived in Herbert Street, because you aggravated me—I cannot say that you were very kind to the elder child, and you did not take much notice of the baby, you always left it lying on the bed—you refused to feed it at your breast—you gave it Robb's biscuits—Dr. Galloway said that it was a very tiny baby, and you had done wonders with it.</p>
<xptr type="pageFacsimile" doc="190201130037"/>
<p>
<hi rend="italic">Re-examined.</hi> Dr. Galloway came on the day of its birth, and again about two days afterwards, and once when she was in a fit—what he said about her having a one wonders with the child was on the day of its birth.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-160" type="witnessName">
<interp inst="t19020113-name-160" type="gender" value="female"/>
<interp inst="t19020113-name-160" type="surname" value="GOLDRING"/>
<interp inst="t19020113-name-160" type="given" value="LEAH"/>LEAH GOLDRING</persName> </hi>. I am the wife of James Goldring, of 56, Pitfield Street, Hoxton—the prisoner and her husband lived in my house for eight months—I saw the baby a few days after it was born—it was a very poor thing—when she was able to go out she took it with her—I saw her drunk the week before it died, and on the Saturday before, the 31st—I remember seeing her at the door of my house, and two women with her—she had the baby with her and I took it from her as I was afraid of her taking it upstairs—I saw the baby's bottle that day—it was dirty—I have spoken to her about what I have seen.</p>
<p>
<hi rend="italic">Cross-examined.</hi> My business took me out till about 2 o'clock—I once heard a noise and went out and saw water running downstairs—I called you—you gave me no answer, and I ran upstairs and knocked at your door, and you said you had had an accident—you looked the worse for drink—I have never seen you in a fit.</p>
<p>
<hi rend="italic">The prisoner.</hi> I have had to lie down to save myself from falling on the floor.</p>
<p>
<hi rend="italic">Re-examined.</hi> When I saw the pail she did not fall down insensible but she did not seem firm on her feet—she did not froth at her mouth—I did not notice her speech.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-161" type="witnessName">
<interp inst="t19020113-name-161" type="gender" value="male"/>
<interp inst="t19020113-name-161" type="surname" value="JAMES"/>
<interp inst="t19020113-name-161" type="given" value="ERNEST WILLIAM"/>ERNEST WILLIAM JAMES</persName> </hi>. I am a fully qualified medical practitioner, of 16, Pilfield Street, Hoxton—I first saw this child on December 18th, when I was fetched by the father between 8 and 9 p.m.—the prisoner was sitting at a desk, drunk—I cannot possibly describe her condition as being in an epileptic fit—she was not capable of attending to the child properly—I saw it—it was wet and dirty—it was in its out-door clothes—I examined it—it had received no injury—it appeared thin—I saw no reason at all why it should not take its food—on January 2nd the father brought it to my surgery; it was dying, and was exceedingly dirty, and the clothing was soaked with urine—about 10 o'clock the same night the father called me—I went to the house and saw the prisoner in bed, drunk—there was no mistake about her condition; it was not the after effect; of a fit—the child was dead—I examined it next day—the clothing was dirty and verminy, and the child was in the same condition—it was 19 inches long and weighed 4 lbs. I oz.-the normal weight of a child that length is 8 lbs.—the body was very dirty, the skin was dry and full of dirt—the penis was swollen and inflamed, and there was an ulcerating sore about the size of a sixpence, and another on the buttock, which appeared to be uncared for—those sores were caused by dirt and neglect—I opened the body—there was no trace of fat under the skin or on the abdominal organs, and no trace of food in the stomach or intestines which there should have been—the stomach could digest food—the other organs were healthy, there was no sign of any disease—it died of starvation—the neglect must have gone on for several weeks—on the night of the death I saw the bottle; it was nearly full of milk, but it was curdled and horribly offensive—the bottle was dirty—if the child took milk in that condition it would have no nourishing property—the treatment must have caused</p>
<xptr type="pageFacsimile" doc="190201130038"/>
<p>the child pain and suffering, which could have been avoided by care—it is not proper to take a young infant out late at night.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I saw no Mellins' food.</p>
<p>
<hi rend="italic">By the</hi>, Jury. I never saw the prisoner in a fit, but I was informed by her husband that she had fits, and I treated her about a year ago as an epileptic patient—I gave her bromide of potass—there was nothing to tell me that what I heard was correct—there is nothing in favour of a
<hi rend="italic">seven</hi> months' child—if properly cared for it can be properly reared.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-162" type="witnessName">
<interp inst="t19020113-name-162" type="gender" value="male"/>
<interp inst="t19020113-name-162" type="surname" value="LOWDER"/>
<interp inst="t19020113-name-162" type="given" value="GEORGE"/>GEORGE LOWDER</persName> </hi>. I am an inspector of the Society for the Prevention of Cruelty to Children—I went to the house on the morning after the child died—I found a bottle of food which the prisoner said she had bought the previous night—I agree with the doctor about the dirty vermined state of the child.</p>
<p>
<hi rend="italic">Prisoner's defence.</hi> I left it all to the nurse for the first fortnight, and I attended to it for the next three weeks.</p>
<p>
<hi rend="italic">Evidence for the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-163" type="witnessName">
<interp inst="t19020113-name-163" type="gender" value="female"/>
<interp inst="t19020113-name-163" type="surname" value="HOWARD"/>
<interp inst="t19020113-name-163" type="given" value="SARAH"/>SARAH HOWARD</persName> </hi>. I am the prisoner's sister, and the wife of Robert Howard—she has been brought up respectably, but she married into a family which drank—she and I were Sunday school teachers together—she has been subject to very bad fits ever since she was 14—she and I were in hospital together with scarlet fever—she was then 14 and I was 17—it left her with fits, and me with other things—she has been married over 8 years—I have seen her several times since she has been married—I live a quarter of an hour from her, in Haverstock Street, but I did not see her often, and I never saw the deceased child—she is now 33—I have seen her in fits dozens and dozens of times since she married—I do not know whether drink makes them come on—the elder boy was very clean, and nicely dressed—I was not with her at his birth, but I was very soon after—she took very good care of him—I have children of my own—I never visited at her house but what it was always clean to my know
<lb/>ledge, and she was a very good mother—I did not go to see her when she had her last baby because I was very ill, and my mother was nursing me.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The little boy was here yesterday, but the mother was in prison—the father has been in the same situation four years—I have not been at my sister's house for two years—I have heard the doctor say that the child was verminous—I should not say that that is cleanliness—I never saw my sister after it was born, and cannot say whether she was drinking.</p>
<p>
<hi rend="smallCaps">J. W. TOPLISS</hi> (
<hi rend="italic">Re-examined</hi>). In the earlier time I handed over to my wife 28s. or 30s. a week and she paid the rent out of that up to March last; after that I gave her the money and she
<hi rend="italic">ran it</hi> and I gave her more, and then I used to give her so much at a time, and on Saturdays and Sundays I used to get things myself and pay for them, and paid the rent—she got my dinner and paid what was necessary for the children with the half-crown a day, and whenever she asked me I gave her more—we had our dinner together—I might put 6s. or 7s. a week more into her hands—there was no week when I did not give her half-a-crown a day.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">JURY</hi>. She treated the other child roughly when she was out of temper, but well as to his clothes, food, and cleanliness.</p>
<xptr type="pageFacsimile" doc="190201130039"/>
<p>
<hi rend="smallCaps">SARAH</hi>—I am the prisoner's mother—my husband is an ironmonger—I saw the baby on the day of its birth and about five times after—I saw it about eight days before its death—she brought it to me—I said, "Give the baby the breast," she said, "I am not suckling it now"—I said, "You are"—she said, "I am not"—that was at my house—she had a very bad nurse and she knew better than the nurse—the husband said that the nurse was very dirty—she, prisoner, was always true, and faithful, and clean and sober, till she knew her husband—I have seen them both the worse for drink.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am on good terms with the husband, but he did not like my coming here—the nurse left three weeks after the baby was born—I think the prisoner was led away to drink by Mrs. Pope, and her neglect of the child might be caused by that—I heard that it had no food in its stomach—I saw it eight days before its death and it had on a nice little white dress—I did not see it undressed.</p>
<p>
<hi rend="smallCaps">J. W. TOPLISS</hi> (
<hi rend="italic">Re-examined</hi>). I told the last witness that the nurse was very dirty and that she had left vermin—she kept on calling against my will—Mrs. Pope was the nurse—when she called she used to take the baby out.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-164" type="witnessName">
<interp inst="t19020113-name-164" type="gender" value="female"/>
<interp inst="t19020113-name-164" type="surname" value="MITCHELL"/>
<interp inst="t19020113-name-164" type="given" value="MARY"/>MARY MITCHELL</persName> </hi>. I am a widow—I have known, the prisoner from a child—she bears a very good character—she was an envelope stamper with me—we were together 12 years, and she still went on in business after her marriage for a few months, and then she had epileptic fits—I always thought her intellect weak through the fits—she treated the eldest child well all along.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I do not say that she was altogether irresponsible between the fits—I have not been inside the house for the last 12 months.</p>
<p>
<hi rend="italic">The prisoner produced a written defence stating that she fed the child with cow's milk and Mellins' Food and rusks; that it had a mother's love, and she did all she could for it; that her husband only gave her from Is. td 2s. a day; but that he gave her black eyes 'then she had been 7 months with child.</hi> </p>
<p>
<hi rend="smallCaps">J. W. TOPLISS</hi>. (
<hi rend="italic">Re-examined.</hi>) Once when she refused to give the child milk I hit her with my open hand, and Mrs. Pope came in and said, "She wants to take that poor little baby out on a night like this!"—I struck her once five months before the baby was born and once afterwards—she called me a pig.</p>
<p>
<hi rend="smallCaps">
<rs id="t19020113-131-verdict-1" type="verdictDescription">
<interp inst="t19020113-131-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-131-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">The police stated that she had been a total abstainer, but had been of very drunken habits for the last four years—
<rs id="t19020113-131-punishment-23" type="punishmentDescription">
<interp inst="t19020113-131-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-131-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-131-19020113 t19020113-131-punishment-23"/>One month, in the second division</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t19020113-132">
<interp inst="t19020113-132" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-132" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-132-charge-1" targOrder="Y" targets="def1-132-19020113 t19020113-132-offence-1 t19020113-132-verdict-2"/>
<join result="criminalCharge" id="t19020113-132-charge-2" targOrder="Y" targets="def2-132-19020113 t19020113-132-offence-1 t19020113-132-verdict-1"/>
<join result="criminalCharge" id="t19020113-132-charge-3" targOrder="Y" targets="def3-132-19020113 t19020113-132-offence-1 t19020113-132-verdict-1"/>
<join result="criminalCharge" id="t19020113-132-charge-4" targOrder="Y" targets="def4-132-19020113 t19020113-132-offence-1 t19020113-132-verdict-1"/>
<p>132.
<persName id="def1-132-19020113" type="defendantName">
<interp inst="def1-132-19020113" type="gender" value="male"/>
<interp inst="def1-132-19020113" type="age" value="48"/>
<interp inst="def1-132-19020113" type="surname" value="NICHOLLS"/>
<interp inst="def1-132-19020113" type="given" value="EDWIN"/>
<hi rend="largeCaps">EDWIN NICHOLLS</hi> (48)</persName>,
<persName id="def2-132-19020113" type="defendantName">
<interp inst="def2-132-19020113" type="gender" value="male"/>
<interp inst="def2-132-19020113" type="age" value="66"/>
<interp inst="def2-132-19020113" type="surname" value="CONNOR"/>
<interp inst="def2-132-19020113" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES CONNOR</hi> (66)</persName>,
<persName id="def3-132-19020113" type="defendantName">
<interp inst="def3-132-19020113" type="gender" value="male"/>
<interp inst="def3-132-19020113" type="age" value="39"/>
<interp inst="def3-132-19020113" type="surname" value="SMITH"/>
<interp inst="def3-132-19020113" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SMITH</hi> (39)</persName>, and
<persName id="def4-132-19020113" type="defendantName">
<interp inst="def4-132-19020113" type="gender" value="male"/>
<interp inst="def4-132-19020113" type="age" value="44"/>
<interp inst="def4-132-19020113" type="surname" value="LEWIS"/>
<interp inst="def4-132-19020113" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK LEWIS</hi> (44)</persName>
<rs id="t19020113-132-offence-1" type="offenceDescription">
<interp inst="t19020113-132-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19020113-132-offence-1" type="offenceSubcategory" value="robbery"/>, Conspiring together to assault and rob
<persName id="t19020113-name-169" type="victimName">
<interp inst="t19020113-name-169" type="gender" value="male"/>
<interp inst="t19020113-name-169" type="surname" value="COX"/>
<interp inst="t19020113-name-169" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-132-offence-1 t19020113-name-169"/>Frederick Cox</persName>.</rs> </p>
<p>
<hi rend="largeCaps">CONNOR, SMITH</hi>, and
<hi rend="largeCaps">LEWIS</hi>
<hi rend="smallCaps">
<rs id="t19020113-132-verdict-1" type="verdictDescription">
<interp inst="t19020113-132-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-132-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-170" type="witnessName">
<interp inst="t19020113-name-170" type="gender" value="male"/>
<interp inst="t19020113-name-170" type="surname" value="WOODLEY"/>
<interp inst="t19020113-name-170" type="given" value="HARRY"/>HARRY WOODLEY</persName> </hi> (343
<hi rend="italic">J.</hi>), produced and proved a plan of 54 Clerken
<lb/>well Road correct to scale.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-171" type="witnessName">
<interp inst="t19020113-name-171" type="gender" value="indeterminate"/>
<interp inst="t19020113-name-171" type="surname" value="GELL"/>
<interp inst="t19020113-name-171" type="given" value="MATHEWS,"/>MR. C. MATHEWS, MR. A. GELL</persName> </hi> and
<hi rend="smallCaps">MR. GRAHAM CAMPBELL</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<xptr type="pageFacsimile" doc="190201130040"/>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-172" type="witnessName">
<interp inst="t19020113-name-172" type="gender" value="male"/>
<interp inst="t19020113-name-172" type="surname" value="COX"/>
<interp inst="t19020113-name-172" type="given" value="FREDERICK"/>FREDERICK COX</persName> </hi>. I am a watchmaker of 54, Clerkenwell Road—I am 71 years old—on October 3rd my premises were undergoing repairs, and my shop on the ground floor was dismantled—a considerable number of watches and things of considerable value were stowed in a safe—the shop has two doors, both leading into a passage—the one next to the front door was locked, and the further one was fastened inside by a bolt—I had the Keys of the safe and of the nearest door on me, and the key of the front door—I had made the front floor into a temporary shop during the repairs—I had put up a temporary counter and a glass con
<lb/>taining watches—there was a. workmen's bench immediately in front of the window, and workmen were employed on it that day—on October 3rd, four workmen were engaged in that room—Gorman left about 6.30 leaving Ellis, Craggs and Nicholls there—they could see out at the window across the road—each workman has a lamp at the table—they work sitting down, looking towards the window—they usually knock off at 7.30—they put the watches they are employed on in a little box and I collect them and take them down to the safe for the week—that arrangement was only for a week—on Thursday, October 3rd, at 7.30, the men got up to begin to go, and put their watches in their little drawers—the lights were left—Ellis had left, and Craggs and Nicholls were preparing to go, when Smith came in they remained two minutes, and then I was left alone with him—he was a stranger—he asked me to sign something about some watch movements, and while doing so I heard shouting at the front door and the two taller prisoners came in with crepe on their faces—they were sworn to at the Police Court as Connor and Lewis—I could not see their faces, but I saw that Lewis had a very long nose—they said that they had not come to kill me, only to rob me, and if I kept quiet they would not hurt in—the three men surrounded me and forced a hand
<lb/>kerchief into my mouth and tied another round my arms—this is it (
<hi rend="italic">Produced</hi>)—there is blood on it—they then tied me with these ropes and straps (
<hi rend="italic">Produced</hi>) which they brought with them—I succeeded in getting my teeth out, and they engaged me—they laid me on the floor and I was blindfolded and could not see what they were doing—there was property in the room value £200, and they took it all—they asked me for the keys of the safe, and took my watch and chain, and a ring off my finger—Connor remained with me while the others went down stairs—he said that they could not succeed in unlocking the shop door and I had better tell them what to do—I said, "You cannot expect me to help you, but if you are accustomed to this sort of thing you are able to get through a thin partition"—the partition ran up the whole distance, but there was some glass and they could easily break through—Connor did not leave me; he kept his hand on me till the other two returned—they were away about a quarter of an hour—they said,—"We must hold him tightly"; and they put me inside the house so that I could not communicate with any one, and bound me to the ballusters—I was still blindfolded—I begged them to leave me the keys of the safe—one of them said, "I will go down and fetch them for you," but never returned—I did not hear them leave the house, but I quickly liberated myself and found they had gone—I got down in two or three minutes—they had made an entrance into the shop through the back door—the safe had been opened and the contents removed and about</p>
<xptr type="pageFacsimile" doc="190201130041"/>
<p>£150 worth of goods from the shop—I communicated with the police the same evening, and made out a list of the things I had lost—the prisoner Nicholls came to work next morning—he had been in my employment four or five weeks at 28s. a week—nothing passed, but he must have known that the place had been broken open as conversation was going on about it—he remained in my service, I think, a fortnight afterwards, but it may have been a month—I told the Magistrate chat he left about November 16th—he said nothing as to his seeing or knowing any of these people—I had told him before the robbery that he would have to look out for another situation—two printers were employed in the base
<lb/>ment—one is about 70 and the other a slight-built man between 30 and 40—on the night of the 3rd I said, "The printers might return at any moment, you had better be quick" and Connor replied," We are not afraid of them"—they generally left about 8 o'clock, but they left an hour earlier that night—I did not see them go—one of them generally turned out the gas in the basement.</p>
<p>
<hi rend="italic">Cross-examined by Nicholls.</hi> A small paraffin lamp was the only light—you were not always there—you cannot shut the door gently—you must slam it—on the night of the robbery Mr. Craggs did not ask me if he should stay with me till the customer had gone, but he asked me if he could go—I thought I was safe with a customer—he looked a respectable man—before the robbery it was usual for you to take your work down in separate boxes for me to put into the safe, but while the work was being done upstairs I always took the boxes down.</p>
<p>
<hi rend="italic">Re-examined.</hi> There was no arrangement as to who left last; they put their watches into the boxes at 7:30.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-173" type="witnessName">
<interp inst="t19020113-name-173" type="gender" value="male"/>
<interp inst="t19020113-name-173" type="surname" value="CHAGGS"/>
<interp inst="t19020113-name-173" type="given" value="EDWIN"/>EDWIN CHAGGS</persName> </hi>. I am a watchmaker of 115, Cunningham Road, Shep
<lb/>herd's Bush—I have been employed by Mr. Cox at 34, Clerkenwell Road, for three years—on October 3rd, about 7 p.m., my fellow workman left leaving the prisoner Nicholls, Mr. Cox, and myself in the shop—a stranger came in and asked Mr. Cox to show him something—I left them and went home—the next morning I heard of the robbery—on December 17th, I recognised the prisoner Smith as the man who came into the shop about 7.2u—I had previously seen Nicholls with Lewis—perhaps during the whole time Nicholls was in our employ quite six months previously, and up to the time of the robbery, but not since—I know Connor's face, but I cannot say where I have seen it.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-174" type="witnessName">
<interp inst="t19020113-name-174" type="gender" value="male"/>
<interp inst="t19020113-name-174" type="surname" value="ELLIS"/>
<interp inst="t19020113-name-174" type="given" value="THOMAS"/>THOMAS ELLIS</persName> </hi>. I live at 5, Bramah Road, Brixton—I am an assistant to Mr. Cox—on October 3rd, about 7.30 p.m., I went down stairs and waited outside the premises for Nicholls to go and have refreshments at my suggestion, which he accepted—Craggs came out, and afterwards Nicholls, who shut the door in the usual manner, by slamming it—he joined me, and we went to the Criterion Hotel and had refreshment—I stayed about three minutes and left him 30 or 40 yards from Cox's house—the next morning I saw him in Cox's workshop—I remarked that this burglary must have taken place at the time we reached the hotel—he said, "It must have done"—I asked him how long he waited there; he replied, about a quarter of an hour or 20 minutes, and knowing that it was usual for him to pass that way, I suggested that he must have</p>
<xptr type="pageFacsimile" doc="190201130042"/>
<p>passed the shop on his way home, and said, "Did you notice anything unusual?"—he said that he passed the shop on the opposite side of the road without noticing anything unusual—two months before the robbery I had seen the prisoner Lewis in Nicholls' company outside the place of business—I was with them about a quarter of an hour—I left them together—about a fortnight before the robbery Nicholls asked me for the loan of a half-crown—I lent it, and he repaid it—after the robbery I noticed that Nicholls was wearing a different suit; and a nice new hat.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-175" type="witnessName">
<interp inst="t19020113-name-175" type="gender" value="male"/>
<interp inst="t19020113-name-175" type="surname" value="SHRIMPTON"/>
<interp inst="t19020113-name-175" type="given" value="GAIUS"/>GAIUS SHRIMPTON</persName> </hi>. I am a porter when in work—I live at 57, South Island Place, Brixton—I know Connor—I was in work up to November 9th as a porter with Messrs. Duncan—I have seen Smith, Lewis, Nicholls and my father together about three weeks or under a month before I left my situation—I went with my father to the Rifle public house, Kennington Park Road, where I met Nicholls—we went along the Kennington Park Road, and met Lewis and Smith—they shook hands and walked back to the Mansion House public house, Kennington Park Road, where the five of us had drink, and they called each other by their Christian names—then we went back to the Rifle, had more liquid and then a parting drink at The Horns, and came out and wished one another good-bye and shook hands—Nicholls walked towards Westminster Bridge with Smith and Lewis, and my father and I went home.</p>
<p>
<hi rend="italic">Cross-examined by Nicholls.</hi> I have only seen you that once—it was on a Sunday.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-176" type="witnessName">
<interp inst="t19020113-name-176" type="gender" value="female"/>
<interp inst="t19020113-name-176" type="surname" value="DRIVER"/>
<interp inst="t19020113-name-176" type="given" value="ALICE"/>ALICE DRIVER</persName> </hi>. I am the wife of Walter Driver, a warehouseman at 57, South Island Place, Brixton—about the end of October Lewis intro
<lb/>duced Connor as Shrimpton, and Connor took a front room furnished on the first floor, at 6s. a week—he did not go out late, but he said he might be late as he was a drill sergeant, and would be sent to different parts—Lewis came to see him frequently—I saw Nicholls outside the house once with Connor and another man between, 7 and 7.30 p.m., about December 1st or 2nd.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-177" type="witnessName">
<interp inst="t19020113-name-177" type="gender" value="male"/>
<interp inst="t19020113-name-177" type="surname" value="COX"/>
<interp inst="t19020113-name-177" type="given" value="FREDERICK"/>FREDERICK COX</persName> </hi> (
<hi rend="italic">Re-examined</hi>). The front door was usually left open—I closed it on the finish of business—there is a strong clasp—my idea is the men concealed themselves in the basement—the last man closed the door after that—I put my watches away—I had an idea that something like this might happen, and I had a heavy clock weight placed on the temporary counter, which I intended to throw through the window to make an alarm if I was attacked—that had been there two or three days—I found on the morning of the 4th that it had been removed to another part of the room—I do not recollect seeing it on the 3rd—I told the men in the shop the object of its being there—I put the watches in the safe before I close the front door on most occasions—if the printers had left people might come in at the front door and slam it—there was a glass case in which were nine gold watches, but which looked empty—that had been removed from the back where I had put it—the printers had left earlier than usual that night—there was no light—a light in the basement could be seen from outside—the front door could not be closed without being slammed.</p>
<xptr type="pageFacsimile" doc="190201130043"/>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-178" type="witnessName">
<interp inst="t19020113-name-178" type="gender" value="male"/>
<interp inst="t19020113-name-178" type="surname" value="MKENNA"/>
<interp inst="t19020113-name-178" type="given" value="HENRY"/>HENRY MKENNA</persName> </hi> (
<hi rend="italic">Police Sergeant G</hi>). About 9 a.m. on October 4th I was at Mr. Cox's making inquiries into the robberies the night before—I told Nicholls I was making inquiries and asked him if he could give a description of the man that he had seen the previous evening—he said that his age was about 35, height about 5 feet 7 inches, dark moustache, of Jewish appearance, and wearing a long dark coat, and a broad-brimmed hat—I asked if he should know the man again—he said, "I do not think I would"—I continued my inquiries—I saw Nicholls several times in October—he made no statement with regard to Lewis, Smith, or Connor—when arrested on December 10th I found on him £2 in gold, 6s. in silver, and 9 1/2 d. in bronze—I was with two other officers—we stopped him in the York Road—I said, "You know me, Nicholls?"—he said, "Yes"—I told him I should take him into custody for being concerned with Connor, Lewis, and Smith in robbing Mr. Cox in the Clerkenwell Road on the 3rd—he said, "I do not know Connor, I have known Lewis for the past 10 years; he is a watchmaker"—I took him to the City Road Police Station, where he said, "What did you say you were going to charge me with? does Mr. Cox say I robbed him?"—I said, "No, you will be charged with being concerned with Connor, otherwise Shrimpton"—he said, "I have known Lewis about six years, he introduced me to Shrimpton and a short dark man in the Criterion public house the night before the robbery; I have seen them all since the robbery, but I am not going to say anything to convict myself"—I said, "I saw you with Lewis in Cierkenwell Road on the Friday after the robbery;" that would be the 14th—he said, "Yes, I have often met him since"—he was then charged—he made no reply.,</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-179" type="witnessName">
<interp inst="t19020113-name-179" type="gender" value="male"/>
<interp inst="t19020113-name-179" type="surname" value="BROGDEN"/>
<interp inst="t19020113-name-179" type="given" value="WILLIAM"/>WILLIAM BROGDEN</persName> </hi> (
<hi rend="italic">Detective H</hi>). On December 7th I arrested Lewis—I found on him three ladies' watches and one gentlemen's, a black-handled bag was in the room—I found in it 72 watch movements, eight watch cases, and sundries—I showed them to Mr. Cox, who identified them—I also found this
<hi rend="italic">jemmy</hi> and centre bit.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-180" type="witnessName">
<interp inst="t19020113-name-180" type="gender" value="male"/>
<interp inst="t19020113-name-180" type="surname" value="DIVALL"/>
<interp inst="t19020113-name-180" type="given" value="THOMAS"/>THOMAS DIVALL</persName> </hi> (
<hi rend="italic">Police Inspector II</hi>). I arrested Connor on December 7th—I found on him three keys—I saw a box in the front room on the top floor of the house he was living in—I unlocked it with one of the keys and found, amongst other things in it, these handkerchiefs—this box con
<lb/>taining diamond seals, and other articles (
<hi rend="italic">Produced</hi>) and which Mr. Cox identified as having been taken from his shop on October 3rd—there were the proceeds of other burglaries, including acids.</p>
<p>
<hi rend="italic">Nicholls, in his defence, said that he had only seen the other prisoners occasionally, and they must have planned the robbery, but he had no hand in it.</hi> </p>
<p>
<hi rend="largeCaps">NICHOLLS</hi>.—
<hi rend="smallCaps">
<rs id="t19020113-132-verdict-2" type="verdictDescription">
<interp inst="t19020113-132-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19020113-132-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t19020113-132-punishment-24" type="punishmentDescription">
<interp inst="t19020113-132-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-132-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-132-19020113 t19020113-132-punishment-24"/>Two years' imprisonment</rs> </hi>;</p>
<p>
<hi rend="largeCaps">LEWIS</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">SMITH</hi>
<hi rend="italic">also</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to rubbery without violence, and</hi>
<hi rend="largeCaps">CONNOR</hi>,
<hi rend="italic">to robbery with violence, on the said Frederick Cox, Lewis having been convicted of felony at Southwark Police Court on December</hi> 20
<hi rend="italic">th</hi>, 1898—
<hi rend="italic">
<rs id="t19020113-132-punishment-25" type="punishmentDescription">
<interp inst="t19020113-132-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-132-punishment-25" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def4-132-19020113 t19020113-132-punishment-25"/>Ten years penal serviude</rs> </hi>;
<hi rend="largeCaps">CONNOR</hi>,
<hi rend="italic">against whom three convictions are proved,
<rs id="t19020113-132-punishment-26" type="punishmentDescription">
<interp inst="t19020113-132-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-132-punishment-26" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-132-19020113 t19020113-132-punishment-26"/>Twelve years' penal servitude</rs> </hi>;
<hi rend="largeCaps">SMITH</hi>,
<hi rend="italic">against whom two convictions were proved,
<rs id="t19020113-132-punishment-27" type="punishmentDescription">
<interp inst="t19020113-132-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t19020113-132-punishment-27" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-132-19020113 t19020113-132-punishment-27"/>Ten years' penal servitude.</rs> </hi> </p> </div1>
<xptr type="pageFacsimile" doc="190201130044"/>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Friday and Saturday, January</hi> 17
<hi rend="italic">th</hi> and 18
<hi rend="italic">th</hi>, 1902.</p>
<p>
<hi rend="italic">Before the Lord Chief Justice.</hi> </p>
<div1 type="trialAccount" id="t19020113-133">
<interp inst="t19020113-133" type="uri" value="sessionsPapers/19020113"/>
<interp inst="t19020113-133" type="date" value="19020113"/>
<join result="criminalCharge" id="t19020113-133-charge-1" targOrder="Y" targets="def1-133-19020113 t19020113-133-offence-1 t19020113-133-verdict-1"/>
<p>133.
<persName id="def1-133-19020113" type="defendantName">
<interp inst="def1-133-19020113" type="gender" value="male"/>
<interp inst="def1-133-19020113" type="age" value="33"/>
<interp inst="def1-133-19020113" type="surname" value="KRAUSE"/>
<interp inst="def1-133-19020113" type="given" value="FREDERICK EDWARD TRANGOTT"/>
<hi rend="largeCaps">FREDERICK EDWARD TRANGOTT KRAUSE</hi> (33)</persName>
<rs id="t19020113-133-offence-1" type="offenceDescription">
<interp inst="t19020113-133-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19020113-133-offence-1" type="offenceSubcategory" value="murder"/>, Unlaw
<lb/>fully soliciting, inciting and attempting to solicit, incite, and persuade Cornelius Broeksma to kill and murder
<persName id="t19020113-name-182" type="victimName">
<interp inst="t19020113-name-182" type="gender" value="male"/>
<interp inst="t19020113-name-182" type="surname" value="FORSTER"/>
<interp inst="t19020113-name-182" type="given" value="JOHN DOUGLAS"/>
<join result="offenceVictim" targOrder="Y" targets="t19020113-133-offence-1 t19020113-name-182"/>John Douglas Forster</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-183" type="witnessName">
<interp inst="t19020113-name-183" type="gender" value="indeterminate"/>
<interp inst="t19020113-name-183" type="surname" value="MUIR"/>
<interp inst="t19020113-name-183" type="given" value="SOLICITOR-GENERAL, SUTTON,"/>THE SOLICITOR-GENERAL, MR. SUTTON, MR. MUIR</persName> </hi> and
<hi rend="smallCaps">MR. A. GILL</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. RUFUS ISAACS</hi>, K.C.,
<hi rend="smallCaps">MR. MACKARNESS</hi>, and Mr.</p>
<p>
<hi rend="smallCaps">NOAD</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-184" type="witnessName">
<interp inst="t19020113-name-184" type="gender" value="male"/>
<interp inst="t19020113-name-184" type="surname" value="FORSTER"/>
<interp inst="t19020113-name-184" type="given" value="JOHN DOUGLAS"/>JOHN DOUGLAS FORSTER</persName> </hi>. I am a member of the English Bar, and a Justice of the Peace for Johannesburg—in 1880 I was practising in Kimberley in South Africa—in July, 1895, shortly before the Jameson Raid, I went to practice in Johannesburg, as Consulting Counsel and Jurist—I was never admitted as a member of the South African Republic Bar—after the Jameson Raid I took a part in South African politics—I belonged to the South African League, and was elected the president in July, 1899—previous to that I had been one of the Vice-presidents—the main object of the League was the upholding of the British supremacy in South Africa—Dr. Krause was practising at Johannesburg in 1895 when I went there—he had preceded me by about two years—he afterwards became Public Prosecutor for the Transvaal Govern
<lb/>ment the South African League was opposed to the abuses of the Government, that was its object—Broeksma was third Public Prosecutor, I think—I do not know whether he was a jurist also—in July, August, and September, 1899, there was a great deal of political agitation in Johannesburg—on September 29th, I left there to avoid arrest by the Republican Government—I went through Natal to Cape Town, where I was placed in command of the civil branch of the Intelligence Depart
<lb/>ment—I remained in Cape Town in that capacity till May 14th, 1900, when I joined the Intelligence Department of the head-quarters staff of Lord Roberts in the field—I joined the head-quarters column at Kroonstad, and was on the inarch to Johannesburg—on May 30th, with Major Davies and Mr. Sam Evans, and an orderly, I went into Johannesburg, with a white flag to demand the surrender of the town—I found Dr. Krause was acting commandant—he was in charge of the town—Major Davies requested him to go out to see Lord Roberts, and he accompanied us out—when Lord Roberts took possession of Johannesburg, I was appointed legal adviser to the military governor—two courts were established, the military tribunal and the court of the chief Magistrate—Dr. Krause was at first permitted to practice before the magistrate—he appeared in one case—I gave certain advice to the military governor, after which no advocate was permitted to practice who had not taken the oath of allegiance—Dr. Krause declined to take the oath, and he ceased to practice—on July 24th, 1900, I ceased to be the legal adviser to the military governor, and I left to come home, I think, in August, 1901—I had been acting as correspondent to the
<hi rend="italic">Pall Mall Gazette</hi>, and after I ceased to be legal adviser, I acted as correspondent to the
<hi rend="italic">Pall Mall Gazette</hi> in Johannesburg—while so acting I saw a letter in
<hi rend="italic">The Times</hi> of February 25th, 1901, signed "A. B. Markham," which embodied a letter</p>
<xptr type="pageFacsimile" doc="190201130045"/>
<p>signed "F. Krause," in which Krause spoke of me as a very doubtful character" (
<hi rend="italic">Read</hi>) "London, December 7th, 1900.—Dear Sir,—In reply to your inquiry, I have to inform you that it is quite true that Major F. Davies who was sent to Johannesburg, by Lord Roberts, on May 30th, 1900, to demand the surrender of the town, was accompanied by Messrs. G. Douglas Forster and Sam Evans. Forster was a man of very doubtful character, well known to Kimberley men, and just before the war he was selected chairman of the South African League, an organization justly hated by all true Africanders, by reason of its malicious agitation. Sara Evans was connected with the Eckstein group, and a man not very much admired by Africanders and by moderate and progressive Uitlanders. In my interview with Lord Roberts arranging terms of surrender of the town, I protested against the fact of these men accompanying an English officer on such an occasion. Lord Roberts expressed his regret and stated these men were sent because he was told that they were acquainted with the town and local officials Immediately after the British occupation both these men obtained temporary billets under British rule. With kind regards, yours sincerely, F. E. T. Krause." (
<hi rend="italic">Mr. Markham's letter to The Times, published on February</hi> 25
<hi rend="italic">th</hi>, 1901,
<hi rend="italic">was then put in and read.</hi>)—I commenced an action against
<hi rend="italic">The Times</hi> and Mr. Markham for libel—the paper apologized at once and the action against them ceased—the action against Mr. Markham is still proceeding—Exhibit 73
<hi rend="smallCaps">A</hi> is a letter to "Brooks" dated June 14th, 1901, and signed "F"—the second paragraph says, "Douglas Forster (you know him) has instituted an action for libel against Markham on a letter written by me and published by M. in
<hi rend="italic">The Times</hi> in which I say that 'he is a man of a doubtful character'"—I have read that letter, and I say that the Douglas Forster referred to there is myself—(
<hi rend="italic">The letter also stated that "F." had from about</hi> 1883
<hi rend="italic">to</hi> 1884
<hi rend="italic">deserted his wife and treated her in a shameful way, and openly lived in adultery with a Madam Piermain; that he travelled about with her in a theatrical company under the name of Adolphus Ellis; that the writer wished for definite information with dates and places; that he believed the woman died from drink at Johannesburg; that he believed an hotel keeper named Bex knew all about it, and that he had distributed the "medicines</hi>")—Exhibit 74A. is a letter from Broeksma to Dr. Krause, dated from Johannesburg on July 10th, 1901, beginning "Amice"—(
<hi rend="italic">This stated that he could not write all information about "F." by this mail as people lived some distance from each other; that they were very strict on him (the writer) so he could not go to Pretoria, but he had a reliable person who would get everything out of Rex; that when Mrs. Voet returned from Europe in</hi> 1885
<hi rend="italic">Mrs. F. had already left her husband; that there was no doubt that she was a generally respected lady in K</hi>—,
<hi rend="italic">that he believed she left for England; that, a Jack Hodgkins also lived with Madame Peirmain, and that if he could be found everything would come out; that Adolphus Ellis had with her again in</hi> 1885
<hi rend="italic">and played in her company; that when Ellis wanted to resume his practice at K—his colleagues refused to have anything to do with him, and that the writer did not think Krause would have any difficulty in proving that Adolphus "is a man of very doubtful character"; that his conduct was open talk in Kimberley, and that he must ask Krause to keep</hi> </p>
<xptr type="pageFacsimile" doc="190201130046"/>
<p>
<hi rend="italic">on worrying L—at Brussels for pecuniary support.</hi>)—I say the state
<lb/>ments there about F. refer undoubtedly to myself—I deny the whole of that letter—Exhibit 51A is a letter from Broeksma to Krause, dated "Johannesburg, 2/8/01," and begins, "Best Friend "-(
<hi rend="italic">This stated that when F. resolved to let the lady with whom he lived at Doornfontein as his wife go to Cape Town, she travelled as Mrs. F.; and that F.'s furniture, which had been in the Standard Buildings, was moved to the house of this woman.</hi>)—that letter being read in connection with the others, I say that it refers to me—Exhibit 60
<hi rend="smallCaps">A</hi> is a letter to Broeksma and signed "F.," dated August 6th, 1901—"Amice, your letter of July 10th, 1901, to hand to-day. Hearty thanks for the information re F. I have already, the previous week, under address W. D. G., written to you about him, and I hope that you have received that letter, and that you will also give effect to the therein contained order, and that in some legal manner. This man must be got out of the way, cost what it may. His influence is very damag
<lb/>ing. The other letters to hand, also one from v. T. Everything forwarded with the necessary remarks, particularly concerning money for you. I also sent excerpts to Charles B. the previous week under address W. D. G., as well as to "W.D.G personally, with the remark to give them to Charles B. I hope that he has received everything.
<hi rend="italic">No</hi> further news. I write to day to Charles B. Compliments to your wife, &c, F."—I think the "F." there mentioned refers to myself—Exhibit 61A of August 6th, 1901, is to "Charles Brooks, Box 3517, Johannesburg, Transvaal," and signed "F." (
<hi rend="italic">Read.</hi>) "Amice. Hearty thanks for the letters the Doctor. I shall endeavour to have published the greater portion thereof, as was done with the other things. Excerpts I have always sent to you, either under the address of friend W.D.G., or direct to him, with a request to hand them to you. All the other letters, etc., etc., I have despatched with the necessary remarks, particularly concerning money. Everything is going on here in the same old way, much and great progress has not been made, and I firmly believe that the opposition is too weak to exert any influence for good. The lies which are published here with design is unbelievable, and the person "F." of whom I wrote is greatly the cause of this, and therefore I also wrote to you the previous week that our people should be made aware of this, so that he can be shot dead in some lawful way, or other
<lb/>wise put out of the way. This is absolutely necessary, and the sooner the better for our cause. Up to the present I have only sent you excerpts, but to-morrow I will make arrangements to send you weekly the
<hi rend="italic">Daily News.</hi> This paper is the most influential on our side. You must write to me immediately whether the newspapers have come through, and also what has happened to 'F'. I go to Scotland day after to-morrow with my sister. Will see what I can do there, otherwise all well here, F."—July, 1900, was the first letter I wrote from Johannesburg to the
<hi rend="italic">Pall Mall Gazette</hi>—between then and August, 1901,1 wrote every week—Exhibit 62
<hi rend="smallCaps">A</hi> is from "H.F.," dated 20/8/01 to "Charles Brooks, Esq, Box 3517, Johannesburg," "My friend. Your letter (or rather both letters) of July 16th to hand, viz. letter for our Ou Baas, and another epistle—everything forwarded. I am fairly well. I am at present in Scotland. The feeling here is very divided, and I must admit that there is more
<hi rend="italic">against</hi> us than for us, that is speaking generally. The newspapers here have done their work</p>
<xptr type="pageFacsimile" doc="190201130047"/>
<p>excellently, and it will take a long time before the lies are eradicated root and branch. We must begin with the liars themselves, and that is why I have advised that our people must be informed with regard to F., so that be, at any rate, may be got out of the way. News, I can unfor
<lb/>tunately not give you, and I was somewhat disappointed that I could not hear anything of importance from you this week. As you will have seen from my letters of the previous week, I have urged all influential persons to send you on money, and I hope that this has at last been done. Greetings to all friends.—H.F."—I say the "F" there clearly refers to myself—Exhibit 63A is dated from the "Highland Railway Company's Station, Hotel, Inverness, August 30th, 1901, 'and is signed H. F., to Broek
<lb/>sma, Esq., Box 2277, Johannesburg—(
<hi rend="italic">This thanked the Broehsma for the information regarding "F." and the woman at Doornfontein, but saying that the writer would he glad of the name of the woman, and also how long the cohabitation lasted; and that" of course I only wish to know this if the other matters concerning F. have, not yet reached their consummation, I would, of course, prefer the latter."</hi>)—the "F" there refers to me—I left Johannesburg, I think, on August 19th, or, at any rate, before the arrest of Broeksma—I was there continuously from July, 1900, to August 1901—my object in coming home was to prosecute my action against Mr. Markham—it is absolutely untrue that I deserted my wife or treated her badly—we separated in 1887 by mutual consent—it was brought about by anonymous letters written by interested persons—I settled upon her the whole of my property, which is now bringing in about £3,000 a year.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I began to practice in Johannesburg in 1895, and continued to do so till I left in September, 1899, in consequence of the state of political feeling—during that time I only had professional relations with Dr. Krause—he did not mix in the circle which I associated with—he was not a member of my club, and I saw him, I may say, not at all—I knew him best on board ship in 1893, when we were fellow passengers—politically we were at the extreme end of the poles—our policy was to expose the Transvaal (government, and he was one of the officers of the Government—from 1895 till I left Johannesburg in September, 1899, I took a most active part in political agitation—the petitions to Her late Majesty originated in me, and I drafted them both—one of them was sent over in March, 1899, the other was refused by Sir William Butler—the Bloemfontein Conference resulted from them—I was not a combatant in the war—I was head of the Civil Intelligence Department in Cape Town—I did not take part in any military operations from May, 1900, to August, 1901, except on one occasion—it was a condition of residence that all British subjects should be enrolled in the Rand Rifles—it was purely a volunteer force—we had no uniform except on parades; we had weapons—we were ready to fight if necessary—we were called out on one occasion, but we did not see the enemy; they had gone—when I went to Johannesburg with Lord Roberts in May, 1900, that was the first time I had seen Dr. Krause since he was after me with a warrant—I say he was after me with a warrant because I knew he had the issuing of warrants, and I know he had issued it because I had the information from his office—I was telegraphed for in May, 1900, by the Director of Military</p>
<xptr type="pageFacsimile" doc="190201130048"/>
<p>Intelligence, to join the head-quarters staff with my own staff—I joined on May 16th, 1900—I think we marched from Kroonstad on the 20th I was not in uniform, I was in
<hi rend="italic">mufti</hi> all the time—I was for some six weeks legal adviser to Colonel Mackenzie, the Military Governor—from July, 1899, to August, 1901, I was acting as correspondent to the
<hi rend="italic">Pall Mall Gazette</hi>—I was supplying them with a weekly letter—I wrote against the Boers as strongly as ever I could—I took a view which I hope was justified by my opinion—the articles were not signed—they are headed "From our own correspondent,"I had a proper appointment from the paper—I think it was pretty well known that I was acting as correspondent for the
<hi rend="italic">Pall Mall Gazette</hi>—I wrote an article for the paper, published on July 17th, 1901—it is a long one, and deals with various matters; the Press censorship, which was very vigorous, was one of them—in one passage I said, "In two words, if this war is to be ended once and for all, all the Boers now in the field must be treated as robbers and bandits, and not as belligerents"—that is quite right, my view on June 14th, when I wrote that, is my view to-day—I think they should be shot or hanged as British subjects in rebellion, that is the view I have advocated throughout: the strongest possible measures should be taken—under the heading of Vlakfontein, I made a reference to the shooting of some gunners—I got that information from wounded officers who were present at the fight—I did not know that Lord Kitchener had contradicted it, and I was very much surprised when I heard he had—I wrote, "Not trusting to their own capabilities, they ordered the few artillerymen still alive—an officer and one or two men were all that were left; to train and fire them." (
<hi rend="italic">The guns</hi>). Naturally the order was met with a point blank refusal, whereupon, without more ado, these brave gunners were instantly shot down"—when I wrote that I did not know that, according to Lord Kitchener, it was inaccurate—the contradiction was made on June 6th, but we got very little news in Johannesburg—I knew a Mrs. Piermain—she was an actress—I acted with her—I also engaged in a theatrical speculation with her—the company I was financing was travelling, and I frequently went down to several places and played with them—I should think knew her for about 2 1/2 years—during that time my wife was in England, she had left at the end of 1884, and did not return till 1887—then these anonymous letters made things unpleasant, and we separated—I was only absolutely with the company from about the middle of 1887 to the end of 1887; then the season came to an end at Durban—I left for England and never saw Mrs. Piermain again—I was financing the company in 1886, but I did not act so regularly—I acted at various times with her from 1885 to 1886—after that I acted regularly with her at Durban and Kimberley—I was practising at Kimberley—I gave up my practice to go to Johannesburg in 1887—that was the first time the company went there—I acted at Johannesburg and at Pretoria—my wife did not come out to South Africa in consequence of my acting with Mrs. Piermain or of what was rumoured or spoken about me—it was in consequence of her being flooded with anonymous letters in reference to Madame Piermain—I presume the letters were about my conduct with Madame Piermain—my wife saw me about it, and we agreed to separate—I was married in 1872—my wife had lived in South Africa for some time—she was well known there—we went out in 1876—scandal was</p>
<xptr type="pageFacsimile" doc="190201130049"/>
<p>caused by these letters in Kiruberley—I cannot say if it was thought that what had led to the separation was what was said to have taken place between Mrs. Piermain and myself—there was a class of persons who took an interest in my private affairs and who did talk—I cannot say that I regret that there has been an opportunity for me to say that these scandals are untrue—I regret that they have been started—I cannot say that it is ever nice to go into an action for libel—I brought an action against Mr. Markham—the defence of that action is a payment into Court and an—apology.</p>
<p>
<hi rend="italic">Re-examined.</hi> The scandal was in 1887.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-185" type="witnessName">
<interp inst="t19020113-name-185" type="gender" value="male"/>
<interp inst="t19020113-name-185" type="surname" value="COX"/>
<interp inst="t19020113-name-185" type="given" value="HUGH BERTRAM"/>HUGH BERTRAM COX</persName> </hi>. I am Legal Under Secretary at the Colonial Office, and I produce a proclamation, dated September 1st, 1900, annexing—the Transvaal to Her late Majesty's dominions.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-186" type="witnessName">
<interp inst="t19020113-name-186" type="gender" value="male"/>
<interp inst="t19020113-name-186" type="surname" value="VIES"/>
<interp inst="t19020113-name-186" type="given" value="FRANCIS JOHN DA"/>FRANCIS JOHN DA VIES</persName> </hi>. I am a Lieutenant-Colonel in the Grenadier Guards—my town address is the Guards' Club, Pall Mall—on May 30th, 1900, I was with the British forces with Lord Roberts outside Johannesburg, serving with the Intelligence 'Department—I was sent into the town with a white flag, accompanied by Mr. Samuel Evans and Mr. Forster—I went to the office of the Commandant and met Dr. Krause there—he accompanied me to Lord Roberts' headquarters at Elatsfontein, o, about seven miles away—on May 31st the town was surrendered and occupied by Lord Roberts—I was appointed Military Commissioner of Police—in April or May, 1901, a civil government was established, and I continued to carry on the same duties under the title of Acting Commissioner of Police—I held that office till November 9th, 1901, when I left for England—un till June 9th Dr. Krause was a prisoner of war—he surrendered himself with the town I presume—on June 9th he was required to sign this written parole—it is in my writing—it is signed "F. E. T. Krause"—I know his writing—to the best of my belief that is his signature—the witness to it is a person Dr. Krause obtained—about the end of July he left Johannesburg on leave of absence—I do not know if a fresh parole was taken, I had not to deal with that matter—after he left Johannesburg I had no more to do with' him—in August, 1901, I gave directions to Captain Barnett for the arrest of a man named Cornelis Broeksma—the arrest was made on August 24th, about 1 p.m.—after that a number of documents were handed over to me by Captain Barnett, a great number of which I brought over to England and handed to the Treasury—I should say that the letter of August 6th, beginning "Amice, your letter of the 10th July, 1901, to hand to-day," is in the writing of Dr. Krause—Exhibit 61
<hi rend="smallCaps">A</hi> of August 6th, Exhibit 62
<hi rend="smallCaps">A</hi> of August 20th, Exhibit 63 of August 30th, Exhibit 72
<hi rend="smallCaps">A</hi> of June 10th, Exhibit 73
<hi rend="smallCaps">A</hi> of June 14th, Exhibit 75
<hi rend="smallCaps">A</hi> of July 12th, Exhibit 68
<hi rend="smallCaps">A</hi> of March 22nd, Exhibit 71A of May 16th, and Exhibit 78 of July 25th, I believe are all in Dr. Krause's writing—(
<hi rend="largeCaps">MR. ISAACS</hi>
<hi rend="italic">objected to the letter from "F. K" of March</hi> 22
<hi rend="italic">nd</hi>, 1901,
<hi rend="italic">being read, was it was irrevelant and would lead to an inquiry into the very thing that was not charged, and would be most prejudicial to the prisoner</hi>.
<hi rend="largeCaps">THE SOLICITOR GENERA</hi>
<hi rend="italic">said that he submitted it in evidence to show the relations between Krause and Broeksma, and that, because it might support another charge that would not make it irrevelant</hi>
<hi rend="largeCaps">THE LORD CHIEF JUSTICE</hi>
<hi rend="italic">said that he should admit any</hi> </p>
<xptr type="pageFacsimile" doc="190201130050"/>
<p>
<hi rend="italic">letters which referred to material matters such as "medicine" or"F, but not those which had no bearing upon those parts, and for the present he would not admit the contents of the letter of March</hi> 22
<hi rend="italic">nd. The</hi>
<hi rend="largeCaps">
<hi rend="italic">SOLICITOR GENERAL</hi> </hi>
<hi rend="italic">said that as the letter of May</hi> 16
<hi rend="italic">th was not very material, he would not press it</hi>.
<hi rend="largeCaps">MR. ISAACS</hi>
<hi rend="italic">then submitted that the letter of June</hi> 10
<hi rend="italic">th, which dealt with the point as to "medicines" had nothing to do with the case, and would not throw any light on the question as to whether the letters of July</hi> 28
<hi rend="italic">th and August</hi> 6
<hi rend="italic">th were criminal offences.</hi>
<hi rend="largeCaps">THE LORD CHIEF JUSTICE</hi>
<hi rend="italic">ruled that the letter of June</hi> 10
<hi rend="italic">th was admissible., and said that it was quite clear to his mind that "medicines" meant information from England to Africa, or from Africa to England; that he could not shut it out and that the same applied to the letter of July</hi> 12
<hi rend="italic">th, which was then read. This was signed "F," and commenced "Dear Brooks "; it stated that the writer had sent the medicines to Williamson, Mrs. R., and was T.; that all arrived safely without the destruction of a single bottle, and without being opened, and that it was difficult to send the advertisements of the prescription for the medicine as all publications took up so much room, but that he would endeavour to do what he could. The letter of July</hi> 25
<hi rend="italic">th, commencing "Amice" and signed "F", stated that the medicines had worked well, and that the patients appeared to be somewhat better, but that the writer could dis
<lb/>cover no general improvement, and it appeared to him that it was not to much individual persons (doctors), who should be blamed as the system persued by them)—on each of the envelopes of Exhibits</hi> 60
<hi rend="italic">and</hi> 61
<hi rend="italic">one word appears to be in the prisoner's writing, that word is "Transvaal"—I think I had better not express any opinion about the other words.</hi> </p>
<p>
<hi rend="italic">Cross-examined.</hi> There appears to be no disguise in the writing of the prisoner, which I have identified—the mail leaves Southampton on Saturday afternoons—if a letter goes by a good whip it would arrive at Johannesburg about 6 p.m. on the Friday fortnight, it takes not quite three weeks, it would be delivered the next morning so it is almost exactly three weeks—Broeksma a was arrested on August 24th, I believe about 1 p.m.—I received the letters dated August 6th on August 31st—these letters came into my hands from the press censor—all letters received in Johannesburg would go through his hands, but he could not possibly read them all—I expect he would open only such letters as would arouse his suspicion, but he was not under me, so I do not know the rules—this letter of September 4th, 1901, is in the prisoner's writing, and is addressed to Broeksma at Box, 2277, Johannesburg—it is written from Holloway Prison—(
<hi rend="largeCaps">THE SOLICITOR GENERAL</hi>
<hi rend="italic">objected to this letter being read as it was written after the prisoner's arrest, and he submitted that the prisoner could not make evidence for himself.</hi>
<hi rend="largeCaps">MR. ISAACS</hi>
<hi rend="italic">contended that it was evidence, as it showed the relations between the parties, and should be admitted on the same point as the letter of March</hi> 22
<hi rend="italic">nd.</hi>
<hi rend="largeCaps">
<hi rend="italic">THE SOLICITOR GENERAL</hi> </hi>
<hi rend="italic">said he would withdraw his objection if</hi>
<hi rend="largeCaps">MR. ISAACS</hi>
<hi rend="italic">thought the letter would benefit the prisoner—this was directed to C. Broeksma, Box</hi> 2277,
<hi rend="italic">Johannesburg, and was signed F. E. T. Krause, and stated that the prisoner was arrested, and was in Hollway on a charge of High Treason, supposed to have been committed in the Transvaal Colony; that when and in what nature was a mystery to him and everyone else; that it</hi> </p>
<xptr type="pageFacsimile" doc="190201130051"/>
<p>
<hi rend="italic">was alleged that had given information of great importance to the enemy but that as he had only corresponded with neutral friends and surrender burglars, he did know how he could have given information to the "enemy;" that he was quite content to suffer if necessary, but that he: did not see how all the: legal acumen of Great Britain could justify the charge, and that he had never in It his like done or asked anybody to do an illegal or wrong act.</hi>) That letter was sent to me by Captain Fergusson, the press censor—A proclamation dated May 28th, 1900, by F. E. T. Krause, was also put in and read.) I have seen this letter from Lord Roberts to the prisoner, dated June 2nd, 1900 (
<hi rend="italic">This expressed Lord Roberts' thanks for the valuable assistance afforded by the prisoner when Lord Roberts entered Johannesburg, and also contained his personal thanks for the prisoners courtesy—A letter from the prisoner, dated July 9th, 1900, to the Military Governor at Johannesburg, asking for permission, to absent him self from South Africa, and to proceed to England on account of his health, was also read, as well as one from Sir R. H Knox to the prisoner, slating that his hare of absence as well as that of Dr. Schultz was extended until further orders, as long as they did not return to South Africa where no extension of their parole could be guaranteed, and that they could not in any case be permitted to return to Johannesburg till the cassation of hostilities</hi>)—as far as I know, Dr. Krause never took the oath of allegiance or of neutrality—there were four charges against Broeksma, high treason, treachery, breaking the oath of neutrality, and inciting to breaking the oath of neutrality; he was found guilty on all four charges—he was sentenced to death, and was shot—the treachery was in sending information to the enemy while living within our lines—the country round Johannesburg was unsettled in June, 1901, you could not ride far out without an escort—there were no commandoes about, but you were very likely to be murdered by a man shooting from his house—there were small bodies of Boers about—they attacked ray post on July 30th—that was 9 miles from Florida and 6 miles from Roudpourt.</p>
<p>
<hi rend="italic">Re-examined.</hi> When I received the letter of September 6th I still had Krause's letter, which had been intercepted—(
<hi rend="italic">Portions of a letter from the prisoner to Dr. Leyds were also read.</hi>)—usually letters addressed to the American Consul at Johannesburg would not be opened by the censor.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-187" type="witnessName">
<interp inst="t19020113-name-187" type="gender" value="male"/>
<interp inst="t19020113-name-187" type="surname" value="FKRGUSSON"/>
<interp inst="t19020113-name-187" type="given" value="VICTOR"/>VICTOR FKRGUSSON</persName> </hi>. I am a captain in the South Wales Borderers—from April 30th, to November 9th, 1901, I acted as press censor at Johannes burg—on August 24th I received instructions from Colonel Davies, in conse quence of which I stopped all letters addressed to "Broeksma," "Brooks," or"Green," and to post office boxes 3517 and 2277—it was part of my duty to find out to whom those boxes belonged—number 2277 belonged to Broeksma, and 3517 to a man named Draper, who, I believe, was arrested with Broeksma—I receded these two letters, Exhibits 60 and 61 of August 6th—I think I sent them unopened to Colonel Davies—I think I opened Exhibit 62, dated August 28th—I think I opened Exhibit 63—I made no private mark on them—the post boxes were placed at the back of the post office—the post office officials put the letters into the boxes through a door on one side—the customers have their own key?, and take them out by a door on the other side, he can take them out at any time—the mail usually takes 20 days to get out—Mr. Gordan, the American Consul's letters were usually sent straight to him—I would rather not say if they were opened by the censor or not.</p>
<xptr type="pageFacsimile" doc="190201130052"/>
<p>
<hi rend="italic">Cross-examined.</hi> Newspapers also would come within my jurisdiction as press censor—I do not know of my own knowledge whether Brooks or Broekma received a number of newspapers.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-188" type="witnessName">
<interp inst="t19020113-name-188" type="gender" value="male"/>
<interp inst="t19020113-name-188" type="surname" value="BARNETT"/>
<interp inst="t19020113-name-188" type="given" value="ALEXANDER"/>ALEXANDER BARNETT</persName> </hi>. I am a captain in the North Staffordshire Regiment, at present residing at St. Ennui's Hotel, Westminster—in August, 1901, I was Deputy of Police at Johannesburg, and on August 24th I went to 11, Leyds street, Johannesburg, and arrested a man named Cornelis Broeksma—among his letters I found a press copy letter book—I also found letters numbers 68 to 78
<hi rend="smallCaps">B</hi>—78
<hi rend="smallCaps">A</hi> was in pieces in the waste paper basket in his sitting room—no other family occupied the house—that letter is dated July 25th, 1901, and the London post mark is July 25th—it arrived in Johannesburg on August 17th, but there is nothing on the envelope which enables me to identify it—I arrested Broeksma about 1.5 p.m. on August 24th.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. The mail of August 17th was the last one before the one of the 24th—I cannot remember if I found any other letters to Broeksma by that same mail—I found a lot of envelopes.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-189" type="witnessName">
<interp inst="t19020113-name-189" type="gender" value="male"/>
<interp inst="t19020113-name-189" type="surname" value="MAY"/>
<interp inst="t19020113-name-189" type="given" value="WILLIAM JAMES"/>WILLIAM JAMES MAY</persName> </hi>. I am a postman attached to the South Western Post Office, Westminster. On August 7th, 1901, I was engaged in sorting and stamping letters—I say that between 11 and 1130 a.m. on that day I stamped this envelope, Exhibit 61.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-190" type="witnessName">
<interp inst="t19020113-name-190" type="gender" value="male"/>
<interp inst="t19020113-name-190" type="surname" value="OLIVER"/>
<interp inst="t19020113-name-190" type="given" value="ALFRED"/>ALFRED OLIVER</persName> </hi>. I am an overseer at the South Western District Post Office, Westminster—on August 7th, between 11 and 11.30 a.m., a man named Mann was sorting letters there; he is now dead—looking at this envelope 01 I can say that Mann stamped it between those hours on that day.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-191" type="witnessName">
<interp inst="t19020113-name-191" type="gender" value="male"/>
<interp inst="t19020113-name-191" type="surname" value="SUTTON"/>
<interp inst="t19020113-name-191" type="given" value="ALFRED"/>ALFRED SUTTON</persName> </hi>. I am a clerk to Messrs. Maple & Co., Ltd., at their depository at 48, Camden Street, Camden Town—we received this letter signed "F. E. T. Krause." and dated August 6th, 1901—and we collected some luggage from 17, Lupus Street, Pimlico, on August 15th—this (
<hi rend="italic">produced</hi>) is our receipt for the six packages—on September 2nd, 1901, Inspector Sweeney called with this receipt—it was after the arrest of the prisoner—I handed over to the Inspector the prisoner's luggage.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-192" type="witnessName">
<interp inst="t19020113-name-192" type="gender" value="male"/>
<interp inst="t19020113-name-192" type="surname" value="TURNER"/>
<interp inst="t19020113-name-192" type="given" value="HENRY WOODMAN"/>HENRY WOODMAN TURNER</persName> </hi>. I am a clerk at the Standard Bank of South Africa, 10, Clements Dine—the prisoner opened an account there on September 10th, 1900—he had letters addressed there from time to time—I forwarded any letters for him to the addresses with which he furnished us—certain letters in the possession of the bank were handed over to Inspector Sweeney.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Sometimes letters would lie at the bank for the prisoner for a long time, and then he would write for them to be sent on—I do not remember his ever calling personally—I should send his Letters on according to his instructions.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-193" type="witnessName">
<interp inst="t19020113-name-193" type="gender" value="male"/>
<interp inst="t19020113-name-193" type="surname" value="SWEENEY"/>
<interp inst="t19020113-name-193" type="given" value="JOHN"/>JOHN SWEENEY</persName> </hi>
<hi rend="italic">Police Inspector.</hi>) On September 2nd I arrested the prisoner on a provisional warrant at St. Ermins Hotel, Westminster—the warrant, charged him with high treason, committed in the Transvaal—I said to him, "I am a police officer, and I have a warrant for your arrest"—he said, "I am a legal man, I know the law, show it to me, give it to me,—I said "I will not, give it to you, but I will read it to you"—I read it to him, and in reply he said, "The charge is absurd; if I make an voluntary statement now I know it will be used against me</p>
<xptr type="pageFacsimile" doc="190201130053"/>
<p>in evidence"—I took him to New Scotland Yard, and subsequently to Bow Street—the provisional warrant was issued there upon information sworn by me, the basis of my information being that a warrant had been issued at Pretoria—I subsequently we to Maple's depository at Camden Town, and took possession of some luggage there, and all the papers that were there—afterwards, at the request of the prisoner's counsel, the boxes and the contents were handed over to him—one of the documents I found was the letter of November 5th, acknowledging the receipt, of Dr. Krause's letter of August 30th—I also found among his luggage the letter of August 2nd, from Broeksma to Krause—T obtained a number of letters from she Standard Bank addressed to the prisoner, amongst them the letter of August 9th—after I had read it I sent it to the prisoner for his perusal.</p>
<p>
<hi rend="italic">Cross-examined.</hi> When I went to the bank I asked for letters addressed to Dr. Krause, in the care of the bark.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-194" type="witnessName">
<interp inst="t19020113-name-194" type="gender" value="male"/>
<interp inst="t19020113-name-194" type="surname" value="TROTTER"/>
<interp inst="t19020113-name-194" type="given" value="JAMES KEITH"/>JAMES KEITH TROTTER</persName> </hi> I am a Colonel, and Assistant Quartermaster General at the War Office—T am acquainted with the language spoken by the Dutch—it is called "Taal"—it is a form of the Dutch language which I am also acquainted with—Exhibit 57 contains a list of all the Dutch Exhibits, and also a corresponding list of the translations, which are correct.</p>
<p>
<hi rend="italic">Cross-examined.</hi>"Taal" has a good many words in it which differ from Dutch—the letter of August, 6th, 1901, is in Dutch, not in "Taal"—all the letters are in Dutch—"Taal" has nothing to do with this case—"legal" in the letter of August 6th is "wettelijk"—I should say the correct translation is, "and that in some legal manner"—"wettelijk" cannot be translated as "well"—it is not used for emphasis—in Exhibit 61
<hi rend="smallCaps">A</hi> of August 6th the translation is, "so that he can be shot dead in some lawful way, or otherwise put out of the way"—that is a literal translation.</p>
<p>
<hi rend="smallCaps">J. D. FORSTER</hi> (
<hi rend="italic">Re-examined</hi>). I do not know what business Broeksma was doing during 1901.</p>
<p>
<hi rend="smallCaps">
<persName id="t19020113-name-195" type="witnessName">
<interp inst="t19020113-name-195" type="gender" value="indeterminate"/>
<interp inst="t19020113-name-195" type="surname" value="DAVIES"/>
<interp inst="t19020113-name-195" type="given" value="COLONEL"/>COLONEL DAVIES</persName> </hi> (
<hi rend="italic">Re-examined</hi>). So far as I know, Broeksma had no occupation during June, July and August before his arrest—he applied for employment under the Military Governor, but did not get it.</p>
<p>
<hi rend="largeCaps">
<hi rend="italic">MR. ISAACS</hi> </hi>
<hi rend="italic">submitted that as to the Counts framed under Vic. 24 and 25, Section 4 there was no evidence that Broeksma ever received the letters soliciting him, and, therefore, the could be no statutory offence, because the Statute pre-sujpos-s that the mind of a person who in said to have been in cited is reached—that "solicit," "encourage," and "persuade:," meant having invited or induced someone to do a certain thing, to take. a certain, view, or to bring argument to bear; he allowed that his difficulty was in the words," endeavour to persuade"—the Statute made it an offence to "en
<lb/>deavour to persuade,' but a man might endeavour, but not succeed. He referred to Reg v. Fox (19 W.R., 109), which was a decision of the Irish Courts before ten Judges, six of whom had the same view as he did, as the Prisoner in that case was charged with soliciting one Hoey to murder one kennedy, but owing to a mistake the better was mis-delivered and reached Foley, who handed it to a Magistrate.</hi>
<hi rend="largeCaps">
<hi rend="italic">MR. ISAACS</hi> </hi>
<hi rend="italic">further submitted that his point covered the letters of July 28th and August 6th, as there wan no evidence that Broeksma received the letter</hi> </p>
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<p>
<hi rend="italic">of July 28th before his arrest, or that, the letter of August 6th even went by the mail of August 17th, and that it could not be left, to the Jury to persume that Broeksma received it. The same arguments applied to July 28th, and there wax no evidence under any Count which could support an indictment founded on June 28th, but Reg. v. Fox applied also to the letter of August 6th. He also referred to Reg. v. Rainsford (13 Cox's Criminal Cases, 9), where the mind was not reached, the letter not being read although it was received. He also referred to Reg. v. Most (L. R. 7 Q. B. D.), winch presupposed that the mind had been reached</hi>
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<hi rend="italic">THE SOLICITOR GENERAL</hi> </hi>
<hi rend="italic">contended that it teas not proved that the letter on July 28th had not reached Broeksma; if it had gone by a mail which arrived after August 24th it would have bean intercepted by the authorities, but letters arriving before that would be presumed to have reached their destinations, but that question was for the Jury, and with regard to the letter of August 6th the Statute applied to persons agreeing" to murder another, but not to one person only, and 'that the solicitation did not necessitate the actual reaching of the mind, as if he asked a man to shoot another going out of the Court now, and if th: man was stone deaf that could still be a solicitation; or in the case of a letter put into a mans pocket but never received, or a letter written to himself in German which he did not understand, would there not still be solicitation or endeavour to persuade; that "to persuade" did not mean to successfully persuade, but it meant "to use persuasion to."In Reg. v. Rainsford Judges said that they did not express an opinion as to whether the prisoner had incited, but he was convicted of the attempt. In Reg v. Most, there was no evidence that anybody had read the paper, but the prisoner wax convicted of endeavouring to persuade: it was for the Jury to say whether the prisoner wrote the letter, whether it incited to murder, and whether he did all in his power to have—it delivered, a ml that it was not material whether it affected the mind of the person to whom it came.</hi>
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<hi rend="italic">MR. ISAACS</hi> </hi>
<hi rend="italic">replied that the Solicitor General had quoted no authority for presuming that the mind of the person was reached; all that wan proved was that the week before August 6th the prisoner wrote a letter to Broeksma, which was not sufficient evidence to go to the Jury; that when an intention is coupled with an overt act there is an offence, although the actual crime intended to be committed is not completed, and directly there is an act but not a full crime there is only a common law misdemeanour.</hi> </p>
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<hi rend="italic">THE LORD CHIEF JUSTICE</hi> </hi>.
<hi rend="italic">"I hare very carefully considered this point, and in my opinion the point raised by Mr. Isaacs with regard to the Counts founded upon the Statute is a good objection and must prevail. As the case must go to the Jury with regard to the other Count* I shall say but little now, as I can, if necessary, express my reasons more fully. I think the words endeavour to persuade-" in the Statute are descriptive of the character of the offence which is bring attributed to the person charged under it in, relation to the persons whom it is endeavoured to persuade, and that they have the same meaning with reference to such persons as the words encourage, "solicit," "persuade," and "propose to," and therefore I think there must be some communication to a person in order to constitute the statutory offence. I will only say, with reference to the argument used, that. I in no way accede to the suggestion that, if this view is right, the communication, in, a foreign language, or to a deaf man or woman, could not be an office. In my opinion it is not necessary to show that the mind of the person or persons to whom the communication—is made</hi> </p>
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<hi rend="italic">has been influenced, such a view would be contrary to the Judgments in Reg. v. Most, but I hold that there must be some evidence of some communication to another person. I had considerable doubt as to the Counts based on the letter of July 28th. I have no doubt, if I may say so, that if there had been sufficient evidence of the receipt of an earlier letter by Broeksma, the case would be different, but the only reference to the earlier letter is in the letter of August 6th, and on the evidence before me, I cannot put the letter of Jul