<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<xptr type="transcription" doc="19020310"/>
<div1 type="frontMatter" id="f19020310">
<interp inst="f19020310" type="uri" value="sessionsPapers/19020310"/>
<interp inst="f19020310" type="date" value="19020310"/>
<p>Sessions Paper.</p>
<persName id="t19020310-name-1">
<interp inst="t19020310-name-1" type="gender" value="male"/>
<interp inst="t19020310-name-1" type="surname" value="BARNETT"/>
<interp inst="t19020310-name-1" type="given" value="JAMES DROVER"/>JAMES DROVER BARNETT</persName> </p>
<persName id="t19020310-name-2">
<interp inst="t19020310-name-2" type="gender" value="male"/>
<interp inst="t19020310-name-2" type="surname" value="BUCKLER"/>
<interp inst="t19020310-name-2" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</p>
<p>Short-hand Writers to the Court,</p>
<p>Law Booksellers and Publishers.</p>
<xptr type="pageFacsimile" doc="190203100002"/>
<p>On the King's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, March 10th, 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 Hon. Sir
<hi rend="smallCaps">
<persName id="t19020310-name-3" type="judiciaryName">
<interp inst="t19020310-name-3" type="gender" value="male"/>
<interp inst="t19020310-name-3" type="surname" value="GRANTHAM"/>
<interp inst="t19020310-name-3" type="given" value="WILLIAM"/>WILLIAM GRANTHAM</persName> </hi>, one of the Justices of His Majesty's High Court; Sir
<hi rend="smallCaps">
<persName id="t19020310-name-4" type="judiciaryName">
<interp inst="t19020310-name-4" type="gender" value="male"/>
<interp inst="t19020310-name-4" type="surname" value="SAVORY"/>
<interp inst="t19020310-name-4" type="given" value="JOSEPH"/>JOSEPH SAVORY</persName> </hi>, Bart., M.P.; Sir
<hi rend="smallCaps">
<persName id="t19020310-name-5" type="judiciaryName">
<interp inst="t19020310-name-5" type="gender" value="male"/>
<interp inst="t19020310-name-5" type="surname" value="FAUDEL-PHILLIPS"/>
<interp inst="t19020310-name-5" type="given" value="GEORGE"/>GEORGE F. FAUDEL-PHILLIPS</persName> </hi>, Bart, G.C.I.E., and Sir
<hi rend="smallCaps">
<persName id="t19020310-name-6" type="judiciaryName">
<interp inst="t19020310-name-6" type="gender" value="male"/>
<interp inst="t19020310-name-6" type="surname" value="GREEN"/>
<interp inst="t19020310-name-6" type="given" value="FRANK"/>FRANK GREEN</persName> </hi>, Bart.; Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t19020310-name-7" type="judiciaryName">
<interp inst="t19020310-name-7" type="gender" value="male"/>
<interp inst="t19020310-name-7" type="surname" value="FULTON"/>
<interp inst="t19020310-name-7" type="given" value="FORREST"/>FORREST FULTON</persName> </hi>, Knt., K.C., Recorder of the said City; Sir
<hi rend="smallCaps">
<persName id="t19020310-name-8" type="judiciaryName">
<interp inst="t19020310-name-8" type="gender" value="male"/>
<interp inst="t19020310-name-8" type="surname" value="SAMUEL"/>
<interp inst="t19020310-name-8" type="given" value="MARCUS"/>MARCUS SAMUEL</persName> </hi>, Knt.; Sir
<hi rend="smallCaps">
<persName id="t19020310-name-9" type="judiciaryName">
<interp inst="t19020310-name-9" type="gender" value="male"/>
<interp inst="t19020310-name-9" type="surname" value="TRELOAR"/>
<interp inst="t19020310-name-9" type="given" value="WILLIAM PURDIE"/>WILLIAM PURDIE TRELOAR</persName> </hi>, Esq.; and
<hi rend="smallCaps">
<persName id="t19020310-name-10" type="judiciaryName">
<interp inst="t19020310-name-10" type="gender" value="male"/>
<interp inst="t19020310-name-10" type="surname" value="SMALLMAN"/>
<interp inst="t19020310-name-10" type="given" value="HENRY GEORGE"/>HENRY GEORGE SMALLMAN</persName> </hi>, Esq.; other of the Aldermen of the said City;
<hi rend="smallCaps">
<persName id="t19020310-name-11" type="judiciaryName">
<interp inst="t19020310-name-11" type="gender" value="male"/>
<interp inst="t19020310-name-11" type="surname" value="BOSANQUET"/>
<interp inst="t19020310-name-11" type="given" value="ALBERT FREDRICK"/>ALBERT FREDRICK BOSANQUET</persName> </hi>, Esq., K.C., Common Serjeant of the said City;
<hi rend="smallCaps">
<persName id="t19020310-name-12" type="judiciaryName">
<interp inst="t19020310-name-12" type="gender" value="male"/>
<interp inst="t19020310-name-12" type="surname" value="SMITH"/>
<interp inst="t19020310-name-12" type="given" value="LUMLEY"/>LUMLEY SMITH</persName> </hi>, Esq., K.C., Judge of the City of London Court; and
<hi rend="smallCaps">
<persName id="t19020310-name-13" type="judiciaryName">
<interp inst="t19020310-name-13" type="gender" value="male"/>
<interp inst="t19020310-name-13" type="surname" value="RENTOUL"/>
<interp inst="t19020310-name-13" type="given" value="JAMES ALEXANDER"/>JAMES ALEXANDER RENTOUL</persName> </hi>, K.C., M.P., LL.D., Deputy 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>
<hi rend="smallCaps">
<persName id="t19020310-name-14" type="judiciaryName">
<interp inst="t19020310-name-14" type="gender" value="male"/>
<interp inst="t19020310-name-14" type="surname" value="BELL"/>
<interp inst="t19020310-name-14" type="given" value="JOHN CHARLES"/>JOHN CHARLES BELL</persName> </hi>, Esq., Alderman.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-15" type="judiciaryName">
<interp inst="t19020310-name-15" type="gender" value="male"/>
<interp inst="t19020310-name-15" type="surname" value="MARSHALL"/>
<interp inst="t19020310-name-15" type="given" value="HORACE BROOKS"/>HORACE BROOKS MARSHALL</persName> </hi>, Esq., M.A., J.P.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-16" type="judiciaryName">
<interp inst="t19020310-name-16" type="gender" value="male"/>
<interp inst="t19020310-name-16" type="surname" value="PHILLIPS"/>
<interp inst="t19020310-name-16" type="given" value="FRANCIS ROBERT MIDDLETON"/>FRANCIS ROBERT MIDDLETON PHILLIPS</persName> </hi>, Esq.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-17" type="judiciaryName">
<interp inst="t19020310-name-17" type="gender" value="male"/>
<interp inst="t19020310-name-17" type="surname" value="LANGTON"/>
<interp inst="t19020310-name-17" type="given" value="JOSEPH DAVID"/>JOSEPH DAVID LANGTON</persName> </hi>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="190203100003"/>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi> </p>
<hi rend="largeCaps">DIMSDALE, MAYOR. FIFTH SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—a dagger</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, March</hi> 10
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<interp inst="def1-221-19020310" type="gender" value="male"/>
<interp inst="def1-221-19020310" type="surname" value="SEWARD"/>
<interp inst="def1-221-19020310" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SEWARD</hi> </persName>
<hi rend="smallCaps">
<rs id="t19020310-221-verdict-1" type="verdictDescription">
<interp inst="t19020310-221-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-221-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t19020310-221-offence-1" type="offenceDescription">
<interp inst="t19020310-221-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020310-221-offence-1" type="offenceSubcategory" value="fraud"/>obtaining £31 12s. 7d. from
<persName id="t19020310-name-19" type="victimName">
<interp inst="t19020310-name-19" type="gender" value="male"/>
<interp inst="t19020310-name-19" type="surname" value="GRAHAM"/>
<interp inst="t19020310-name-19" type="given" value="ARCHIBALD"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-221-offence-1 t19020310-name-19"/>Archibald Graham</persName> by false pretences.</rs>
<rs id="t19020310-221-offence-2" type="offenceDescription">
<interp inst="t19020310-221-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19020310-221-offence-2" type="offenceSubcategory" value="fraud"/>
<hi rend="italic">Also</hi> to obtaining £164 3s. 6d. from
<persName id="t19020310-name-20" type="victimName">
<interp inst="t19020310-name-20" type="gender" value="male"/>
<interp inst="t19020310-name-20" type="surname" value="BIRD"/>
<interp inst="t19020310-name-20" type="given" value="GERALD ATCHIESON"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-221-offence-2 t19020310-name-20"/>Gerald Atchieson Bird</persName> by false pretences.</rs>
<hi rend="italic">
<rs id="t19020310-221-punishment-1" type="punishmentDescription">
<interp inst="t19020310-221-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-221-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-221-19020310 t19020310-221-punishment-1"/>Six months in the second division.</rs> </hi></p> </div1>
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<persName id="def1-2-19020310" type="defendantName">
<interp inst="def1-2-19020310" type="gender" value="male"/>
<interp inst="def1-2-19020310" type="surname" value="CHICK"/>
<interp inst="def1-2-19020310" type="given" value="ALFRED YOUNG"/>
<hi rend="largeCaps">ALFRED YOUNG CHICK</hi> </persName>
<rs id="t19020310-2-offence-1" type="offenceDescription">
<interp inst="t19020310-2-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020310-2-offence-1" type="offenceSubcategory" value="fraud"/>, to converting to his own use and benefit a certificate for French Rentes for 33,000 francs entrusted to him as a banker for a special purpose.</rs>
<hi rend="italic">He received a good character.
<rs id="t19020310-2-punishment-2" type="punishmentDescription">
<interp inst="t19020310-2-punishment-2" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19020310-2-punishment-2" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-2-19020310 t19020310-2-punishment-2"/>Dis
<lb/>charged on recognizances.</rs> </hi>
<rs id="t19020310-2-verdict-1" type="verdictDescription">
<interp inst="t19020310-2-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-2-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<persName id="def1-3-19020310" type="defendantName">
<interp inst="def1-3-19020310" type="gender" value="male"/>
<interp inst="def1-3-19020310" type="age" value="22"/>
<interp inst="def1-3-19020310" type="surname" value="ANDERSON"/>
<interp inst="def1-3-19020310" type="given" value="FRANK"/>
<hi rend="largeCaps">FRANK ANDERSON</hi> (22)</persName>
<rs id="t19020310-3-offence-1" type="offenceDescription">
<interp inst="t19020310-3-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020310-3-offence-1" type="offenceSubcategory" value="pocketpicking"/>, to stealing a watch from the person of
<persName id="t19020310-name-23" type="victimName">
<interp inst="t19020310-name-23" type="gender" value="female"/>
<interp inst="t19020310-name-23" type="surname" value="EDWARDS"/>
<interp inst="t19020310-name-23" type="given" value="BELLA GEORGINA"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-3-offence-1 t19020310-name-23"/>Bella Georgina Edwards</persName>, having been convicted of felony at this Court on July 23rd, 1900.</rs>
<hi rend="italic">Four other convictions were proved against him.
<rs id="t19020310-3-punishment-3" type="punishmentDescription">
<interp inst="t19020310-3-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-3-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-3-19020310 t19020310-3-punishment-3"/>Eighteen months' hard labour.</rs> </hi>
<rs id="t19020310-3-verdict-1" type="verdictDescription">
<interp inst="t19020310-3-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-3-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<persName id="def1-4-19020310" type="defendantName">
<interp inst="def1-4-19020310" type="gender" value="male"/>
<interp inst="def1-4-19020310" type="age" value="24"/>
<interp inst="def1-4-19020310" type="surname" value="BLAKEMAN"/>
<interp inst="def1-4-19020310" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS BLAKEMAN</hi> (24)</persName>
<rs id="t19020310-4-offence-1" type="offenceDescription">
<interp inst="t19020310-4-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020310-4-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, to attempting to break and enter the shop of
<persName id="t19020310-name-25" type="victimName">
<interp inst="t19020310-name-25" type="gender" value="male"/>
<interp inst="t19020310-name-25" type="surname" value="ISRAEL"/>
<interp inst="t19020310-name-25" type="given" value="NATHAN"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-4-offence-1 t19020310-name-25"/>Nathan Israel</persName> with intent to steal.</rs>
<rs id="t19020310-4-offence-2" type="offenceDescription">
<interp inst="t19020310-4-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19020310-4-offence-2" type="offenceSubcategory" value="burglary"/>
<hi rend="italic">Also</hi> to being found by night with house-breaking instruments in his possession without lawful excuse, having been convicted of felony at Clerkenwell on May 7th, 1901, as Thomas Morgan.</rs>
<hi rend="italic">
<rs id="t19020310-4-punishment-4" type="punishmentDescription">
<interp inst="t19020310-4-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-4-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-19020310 t19020310-4-punishment-4"/>Eighteen months' hard labour.</rs> </hi>
<rs id="t19020310-4-verdict-1" type="verdictDescription">
<interp inst="t19020310-4-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-4-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<persName id="def1-5-19020310" type="defendantName">
<interp inst="def1-5-19020310" type="gender" value="male"/>
<interp inst="def1-5-19020310" type="age" value="23"/>
<interp inst="def1-5-19020310" type="surname" value="SPILLER"/>
<interp inst="def1-5-19020310" type="given" value="WILLIAM JAMES"/>
<hi rend="largeCaps">WILLIAM JAMES SPILLER</hi> (23)</persName>
<rs id="t19020310-5-offence-1" type="offenceDescription">
<interp inst="t19020310-5-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020310-5-offence-1" type="offenceSubcategory" value="mail"/>, to stealing four post letters containing postal orders for 15s., 7s. 6d., 3s. 6d., and 20s., the property of the
<persName id="t19020310-name-27" type="victimName">
<interp inst="t19020310-name-27" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-5-offence-1 t19020310-name-27"/>Postmaster-General</persName>, he being employed under the Post Office.</rs>
<hi rend="italic">Re received a good character.
<rs id="t19020310-5-punishment-5" type="punishmentDescription">
<interp inst="t19020310-5-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-5-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-5-19020310 t19020310-5-punishment-5"/>Four months in the second division.</rs> </hi>
<rs id="t19020310-5-verdict-1" type="verdictDescription">
<interp inst="t19020310-5-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<persName id="def1-6-19020310" type="defendantName">
<interp inst="def1-6-19020310" type="gender" value="male"/>
<interp inst="def1-6-19020310" type="surname" value="DANBURY"/>
<interp inst="def1-6-19020310" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN DANBURY</hi> </persName>
<rs id="t19020310-6-offence-1" type="offenceDescription">
<interp inst="t19020310-6-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020310-6-offence-1" type="offenceSubcategory" value="mail"/>, to stealing two post letters containing postal orders for 7s. 6d. and 15s., the property of the
<persName id="t19020310-name-29" type="victimName">
<interp inst="t19020310-name-29" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-6-offence-1 t19020310-name-29"/>Postmaster-General</persName>, he being employed under the Post Office.</rs>
<hi rend="italic">
<rs id="t19020310-6-punishment-6" type="punishmentDescription">
<interp inst="t19020310-6-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-6-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19020310 t19020310-6-punishment-6"/>Nine months' hard labour.</rs> </hi>
<rs id="t19020310-6-verdict-1" type="verdictDescription">
<interp inst="t19020310-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-6-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<join result="criminalCharge" id="t19020310-7-charge-1" targOrder="Y" targets="def1-7-19020310 t19020310-7-offence-1 t19020310-7-verdict-1"/>
<persName id="def1-7-19020310" type="defendantName">
<interp inst="def1-7-19020310" type="gender" value="male"/>
<interp inst="def1-7-19020310" type="age" value="34"/>
<interp inst="def1-7-19020310" type="surname" value="DEMERY"/>
<interp inst="def1-7-19020310" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM DEMERY</hi> (34)</persName>
<rs id="t19020310-7-offence-1" type="offenceDescription">
<interp inst="t19020310-7-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020310-7-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing a half chest of tea, the property of the
<persName id="t19020310-name-31" type="victimName">
<interp inst="t19020310-name-31" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-7-offence-1 t19020310-name-31"/>Great Western Railway Company</persName>, having been convicted of felony at Clerkenwell on April 20th, 1896.</rs>
<hi rend="italic">Four other convictions were proved against him.
<rs id="t19020310-7-punishment-7" type="punishmentDescription">
<interp inst="t19020310-7-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-7-punishment-7" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-19020310 t19020310-7-punishment-7"/>Fifteen months' hard labour.</rs> </hi>
<rs id="t19020310-7-verdict-1" type="verdictDescription">
<interp inst="t19020310-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-7-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t19020310-8">
<interp inst="t19020310-8" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-8" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-8-charge-1" targOrder="Y" targets="def1-8-19020310 t19020310-8-offence-1 t19020310-8-verdict-1"/>
<persName id="def1-8-19020310" type="defendantName">
<interp inst="def1-8-19020310" type="gender" value="male"/>
<interp inst="def1-8-19020310" type="surname" value="REYNOLDS"/>
<interp inst="def1-8-19020310" type="given" value="ARTHUR BENTLEY"/>
<hi rend="largeCaps">ARTHUR BENTLEY REYNOLDS</hi> </persName>
<rs id="t19020310-8-offence-1" type="offenceDescription">
<interp inst="t19020310-8-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020310-8-offence-1" type="offenceSubcategory" value="forgery"/>, to uttering a forged cheque for £16 with intent to defraud.</rs>
<hi rend="italic">
<rs id="t19020310-8-punishment-8" type="punishmentDescription">
<interp inst="t19020310-8-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-8-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19020310 t19020310-8-punishment-8"/>Six months in the second division.</rs> </hi>
<rs id="t19020310-8-verdict-1" type="verdictDescription">
<interp inst="t19020310-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-8-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t19020310-9">
<interp inst="t19020310-9" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-9" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-9-charge-1" targOrder="Y" targets="def1-9-19020310 t19020310-9-offence-1 t19020310-9-verdict-1"/>
<persName id="def1-9-19020310" type="defendantName">
<interp inst="def1-9-19020310" type="gender" value="male"/>
<interp inst="def1-9-19020310" type="age" value="29"/>
<interp inst="def1-9-19020310" type="surname" value="SCHWEITZER"/>
<interp inst="def1-9-19020310" type="given" value="GABRIEL"/>
<hi rend="largeCaps">GABRIEL SCHWEITZER</hi> (29)</persName>, to</p>
<xptr type="pageFacsimile" doc="190203100004"/>
<rs id="t19020310-9-offence-1" type="offenceDescription">
<interp inst="t19020310-9-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020310-9-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>stealing two pictures, a number of pocket books, and other articles, the property of
<persName id="t19020310-name-34" type="victimName">
<interp inst="t19020310-name-34" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-9-offence-1 t19020310-name-34"/>McCaw, Stevenson and Orr, Ltd.</persName>, his masters, having been convicted of felony at Clerkenwell on February 14th, 1900.</rs>
<hi rend="italic">
<rs id="t19020310-9-punishment-9" type="punishmentDescription">
<interp inst="t19020310-9-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-9-punishment-9" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-19020310 t19020310-9-punishment-9"/>Nine months hard labour.</rs> </hi>
<rs id="t19020310-9-verdict-1" type="verdictDescription">
<interp inst="t19020310-9-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-9-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> And</p> </div1>
<div1 type="trialAccount" id="t19020310-10">
<interp inst="t19020310-10" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-10" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-10-charge-1" targOrder="Y" targets="def1-10-19020310 t19020310-10-offence-1 t19020310-10-verdict-1"/>
<persName id="def1-10-19020310" type="defendantName">
<interp inst="def1-10-19020310" type="gender" value="male"/>
<interp inst="def1-10-19020310" type="surname" value="LAWRENCE"/>
<interp inst="def1-10-19020310" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN LAWRENCE</hi> </persName>
<rs id="t19020310-10-offence-1" type="offenceDescription">
<interp inst="t19020310-10-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020310-10-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing six shirts the property of
<persName id="t19020310-name-36" type="victimName">
<interp inst="t19020310-name-36" type="gender" value="male"/>
<interp inst="t19020310-name-36" type="surname" value="JENNINGS"/>
<interp inst="t19020310-name-36" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-10-offence-1 t19020310-name-36"/>Edward Jennings</persName>, having been convicted of felony at this Court on January 10th, 1898. </rs>
<hi rend="italic">Seven other convictions were proved against him.
<rs id="t19020310-10-punishment-10" type="punishmentDescription">
<interp inst="t19020310-10-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-10-punishment-10" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-10-19020310 t19020310-10-punishment-10"/>Eighteen months' hard labour.</rs> </hi>
<rs id="t19020310-10-verdict-1" type="verdictDescription">
<interp inst="t19020310-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-10-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, March</hi> 10
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t19020310-231">
<interp inst="t19020310-231" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-231" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-231-charge-1" targOrder="Y" targets="def1-231-19020310 t19020310-231-offence-1 t19020310-231-verdict-1"/>
<join result="criminalCharge" id="t19020310-231-charge-2" targOrder="Y" targets="def1-231-19020310 t19020310-231-offence-2 t19020310-231-verdict-1"/>
<persName id="def1-231-19020310" type="defendantName">
<interp inst="def1-231-19020310" type="gender" value="male"/>
<interp inst="def1-231-19020310" type="age" value="34"/>
<interp inst="def1-231-19020310" type="surname" value="JONES"/>
<interp inst="def1-231-19020310" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES JONES</hi> (34)</persName>,
<hi rend="smallCaps">
<rs id="t19020310-231-verdict-1" type="verdictDescription">
<interp inst="t19020310-231-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-231-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t19020310-231-offence-1" type="offenceDescription">
<interp inst="t19020310-231-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020310-231-offence-1" type="offenceSubcategory" value="simpleLarceny"/>stealing a coat, a walking stick, and other articles, the property of
<persName id="t19020310-name-38" type="victimName">
<interp inst="t19020310-name-38" type="gender" value="male"/>
<interp inst="t19020310-name-38" type="surname" value="MARSHALL"/>
<interp inst="t19020310-name-38" type="given" value="CHARLES DE ZOUCHE"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-231-offence-1 t19020310-name-38"/>Charles de Zouche Marshall</persName>, having been convicted at Newington on March 14th, 1900;</rs>
<rs id="t19020310-231-offence-2" type="offenceDescription">
<interp inst="t19020310-231-offence-2" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19020310-231-offence-2" type="offenceSubcategory" value="wounding"/>
<hi rend="italic">also</hi> to assaulting
<persName id="t19020310-name-39" type="victimName">
<interp inst="t19020310-name-39" type="gender" value="male"/>
<interp inst="t19020310-name-39" type="surname" value="SPOONER"/>
<interp inst="t19020310-name-39" type="given" value="WILLIAM JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-231-offence-2 t19020310-name-39"/>William James Spooner</persName> and occasioning him actual bodily harm.</rs>
<hi rend="italic">Six other convictions were proved against him.
<rs id="t19020310-231-punishment-11" type="punishmentDescription">
<interp inst="t19020310-231-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-231-punishment-11" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-231-19020310 t19020310-231-punishment-11"/>Three years' penal servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19020310-232">
<interp inst="t19020310-232" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-232" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-232-charge-1" targOrder="Y" targets="def1-232-19020310 t19020310-232-offence-1 t19020310-232-verdict-1"/>
<persName id="def1-232-19020310" type="defendantName">
<interp inst="def1-232-19020310" type="gender" value="male"/>
<interp inst="def1-232-19020310" type="age" value="38"/>
<interp inst="def1-232-19020310" type="surname" value="BURNS"/>
<interp inst="def1-232-19020310" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD BURNS</hi> (38)</persName>
<rs id="t19020310-232-offence-1" type="offenceDescription">
<interp inst="t19020310-232-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19020310-232-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully having counterfeit coin in his possession with intent to utter it.</rs> </p>
<hi rend="smallCaps">MR. PARTRIDGE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-41" type="witnessName">
<interp inst="t19020310-name-41" type="gender" value="male"/>
<interp inst="t19020310-name-41" type="surname" value="BROGDEN"/>
<interp inst="t19020310-name-41" type="given" value="WILLIAM"/>WILLIAM BROGDEN</persName> </hi> (
<hi rend="italic">Police Sergeant, H.</hi>) On February 22nd, at 12.30 a.m., just at closing time, I was in the Commercial Tavern, Spitalfields, with Deacon and other officers and saw the prisoner there; I called him out and said, "I am a police officer and want to see if you have any counterfeit coin in your possession; "he said, "You have made a mistake, I have got a watch and chain; "I said, "I am going to search you"—he put his left hand in his coat pocket—I seized it, and took out a tobacco pouch containing 15 counterfeit florins—he struggled to get rid of it, but he was not particularly violent—he said, "Now you have got them"—they were each wrapped up separately in tissue paper—I also found a small tin of blacking—he made no reply to the charge at the station, and refused his address, but he afterwards gave it, and I went there and found some pewter, and silver sand, and blacking.</p>
<hi rend="italic">Cross-examined by the prisoner.</hi> I found the things at the address of a woman with whom you cohabit, and I have seen you there.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-42" type="witnessName">
<interp inst="t19020310-name-42" type="gender" value="male"/>
<interp inst="t19020310-name-42" type="surname" value="DAVIS"/>
<interp inst="t19020310-name-42" type="given" value="GRANT"/>GRANT DAVIS</persName> </hi>. I live with the prisoner on the front floor at 23, Peach Street—Brogden came there and found these things—I do not know how long they had been there, they do not belong to me—they were in a cup
<lb/>board—he has been away about a month, and I had a young woman there then.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-43" type="witnessName">
<interp inst="t19020310-name-43" type="gender" value="male"/>
<interp inst="t19020310-name-43" type="surname" value="WEBSTER"/>
<interp inst="t19020310-name-43" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. I am inspector of coin to H.M. Mint—these 15 florins are counterfeit—they are wrapped in separate pieces of paper—they rub lamp black on them so as not to have them too bright, blacking is the same kind of thing—this is silver sand—all these articles produced occur in coining cases.</p>
<hi rend="italic">The prisoner's statement before the Magistrate.</hi> "I plead guilty to being in unlawful possession of the counterfeit coin, but not with intent to utter."</p>
<hi rend="smallCaps">
<rs id="t19020310-232-verdict-1" type="verdictDescription">
<interp inst="t19020310-232-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-232-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">Several previous convictions were proved against him.
<rs id="t19020310-232-punishment-12" type="punishmentDescription">
<interp inst="t19020310-232-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-232-punishment-12" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-232-19020310 t19020310-232-punishment-12"/>Four years' penal servitude.</rs> </hi> </p> </div1>
<xptr type="pageFacsimile" doc="190203100005"/>
<hi rend="largeCaps">OLD COURT</hi>
<hi rend="italic">Tuesday, March</hi> 11
<hi rend="italic">th, and</hi> </p>
<hi rend="largeCaps">NEW COURT</hi>
<hi rend="italic">Wednesday, March</hi> 12
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t19020310-233">
<interp inst="t19020310-233" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-233" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-233-charge-1" targOrder="Y" targets="def1-233-19020310 t19020310-233-offence-1 t19020310-233-verdict-1"/>
<persName id="def1-233-19020310" type="defendantName">
<interp inst="def1-233-19020310" type="gender" value="male"/>
<interp inst="def1-233-19020310" type="surname" value="WOLMARK"/>
<interp inst="def1-233-19020310" type="given" value="CHARLES LEVY"/>
<hi rend="largeCaps">CHARLES LEVY WOLMARK</hi> </persName>,
<rs id="t19020310-233-offence-1" type="offenceDescription">
<interp inst="t19020310-233-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020310-233-offence-1" type="offenceSubcategory" value="perjury"/>Committing wilful and corrupt perjury.</rs> </p>
<hi rend="smallCaps">MR. MATHEWS</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. MUIR</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-45" type="witnessName">
<interp inst="t19020310-name-45" type="gender" value="male"/>
<interp inst="t19020310-name-45" type="surname" value="WITHERINGTON"/>
<interp inst="t19020310-name-45" type="given" value="HENRY"/>HENRY WITHERINGTON</persName> </hi>. I am the second clerk at the Marylebone police court—I produce six summonses taken out on December 20th and returnable on December 27th against Charles Levy Wolmark, for that he, having the care and management of certain, premises at 177, Portobello Road, Notting Hill, used them for the purposes of betting on November 29th and 30th, and December 3rd, 4th, 5th, and 6th—on December 27th the prisoner appeared in answer to those summonses—Mr. Curtis Bennett was the sitting Magistrate—the prosecution was conducted by a repre
<lb/>sentative of Messrs. Wontner on behalf of the Chief Commissioner of Police—I was the acting clerk, and took down the evidence—Sergeant William Roy lance was the first witness, P.C. James Howes the second, and Inspector Turrell the third—the case for the prosecution being con
<lb/>cluded, the defendant tendered himself as a witness on his own behalf—he was represented by a solicitor—he was sworn, and I took down his evidence (
<hi rend="italic">Read</hi>): "I live at 138, Walmer Road. I manage 177, Porto
<lb/>bello Road, for my brother, Caesar Wolmark. We have been in business there 18 months. Up to November 23rd I took money on commission of 5 per cent, for a man who is a bookmaker. I am not a bookmaker. Since November 23rd I haven't done anything. Since the flat racing season my governor, having lost heavily on it, determined to give it up. It ended on November 23rd. On none of the days referred to by the officers did I receive slips of paper of any sort; that is, November 29th and 30th and December 3rd, 4th, 5th, and 6th. I haven't taken any money since November 23rd. The man for whom I acted on commission was Arthur Hewison, 213, Westbourne Grove. He is the only man I have done com
<lb/>mission or made bets for. I never took a slip relating to betting in the shop either before or after November 23rd. I took them in the street in the Portobello Road, and from one or two tradesmen on whom I used to call. In taking them I walked past my shop. I did not know my premises were being watched. A genuine business is done in the shop. As a rule, a purchase taken at a jeweller's takes some time, five or ten minutes. I have done no betting at all since November 23rd. I can't say who was the man who the police say took slips outside my shop on December 6th. Nothing of the kind was carried on outside or inside the premises. I did not tell the Inspector I managed the shop for my brother Mark. I said I managed it for my brother Caesar and lived with my brother Mark. I swear I mentioned my brother Caesar's name. Mybrother Caesar is the owner of the shop. He pays me 25s. weekly for managing it. Every word the constables have stated is false.
<hi rend="italic">Per Court.</hi> I began managing the shop for my brother Caesar about 14 months ago. I have been always there for the last three years. During the last 14 months I have been there every day. While working for the bookmaker I was out daily from 12.30 to 2 p.m. That ceased on November 23rd. Since November 23rd,</p>
<xptr type="pageFacsimile" doc="190203100006"/>
<p>from 9 a.m. till 9.45 or 10 p.m., I have been in the shop, except when I went to dinner or to the City. I produce invoices showing that on December 2nd I went to the City, also on November 29th. I can't exactly say at what hour. It was the afternoon, before dinner. I swear I said my brother Cesar, not Mark, was the owner. He asked who I worked for. I said my brother Caesar, and that I lived with my brother Mark. I swear 13 men did not come into the shop that day, simply no one but a customer, perhaps, who wanted to buy something"—a witness named David Jacobson was called on his behalf—the prisoner was fined on the summonses—the total amount was between £50 and £60.</p>
<hi rend="italic">Cross-examined.</hi> William Roylance was the first witness called, and Howes the second—this is their evidence (
<hi rend="italic">Reading Roylance's and Howes' depositions.</hi>)—before the defendant went into the box, the Magistrate warned him that if he did not believe him he should direct a prosecution for perjury, and he did so, and granted a summons and committed him for trial.</p>
<hi rend="italic">Re-examined.</hi> The hearing at the police court was adjourned from December 27th to January 4th, then to the 10th, then till January 24th, and he was committed for trial on January 31st.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-46" type="witnessName">
<interp inst="t19020310-name-46" type="gender" value="male"/>
<interp inst="t19020310-name-46" type="surname" value="GARRY"/>
<interp inst="t19020310-name-46" type="given" value="TIMOTHY"/>TIMOTHY GARRY</persName> </hi> (56
<hi rend="italic">F.</hi>)
<hi rend="italic">Produced and proved a plan of</hi> 177,
<hi rend="italic">Portobello Road, Notting Hill.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-47" type="witnessName">
<interp inst="t19020310-name-47" type="gender" value="male"/>
<interp inst="t19020310-name-47" type="surname" value="GREEN"/>
<interp inst="t19020310-name-47" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN GREEN</persName> </hi>. I am manager to my father John Green, a corn chandler, at 3, Elgin Terrace, Notting Hill—I produce an agreement dated October 1st, 1896, between my father and Mark Wolmark, whereby a shop only at 177, Portobello Road, was let to Mark Wolmark upon a yearly tenancy at 10s. a week—that agreement is still in force, under it Mark Wolmark is the tenant—it is a jeweller's shop—I have collected the rent from Mark Wolmark—sometimes it was sent by post, sometimes it was brought by Mark Wolmark, and sometimes by the prisoner—it was paid every month—I did not go to 177, Portobello Road, to collect it, but to Mark Wolmark's premises at 138, Walmer Road, that is a jeweller's shop—I do not know a "C. Wolmark" or a "Wolmark' connected with the premises.</p>
<hi rend="italic">Cross-examined.</hi> My father pays the rates and taxes for the shop—originally the name "M. Wolmark "was over the shop, and about two years ago "C. Wolmark "was substituted—I first saw the prisoner at the shop four years ago, I have seen that man at the shop (
<hi rend="italic">Caesar Wolmark.</hi>)—I do not know his name—that other man is Mark Wolmark.</p>
<hi rend="italic">Re-examined.</hi> Walmer Road is about threequarters of a mile from Portobello Road.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-48" type="witnessName">
<interp inst="t19020310-name-48" type="gender" value="male"/>
<interp inst="t19020310-name-48" type="surname" value="ROYLANCE"/>
<interp inst="t19020310-name-48" type="given" value="WILLIAM"/>WILLIAM ROYLANCE</persName> </hi> (
<hi rend="italic">Police Sergeant</hi>, 39
<hi rend="italic">X.</hi>) Last November I was taken from my own division to watch this house in Portobello Road—on November 29th I kept observation from 2 to 2.30 p.m.—I was in plain clothes, on the opposite side of the street, at the spot I now mark on the plan—I moved about to obtain the best point of vantage—I would just pause at the door and then pass on—I was backwards and forwards the whole time—during that time I saw six persons enter the shop—they went to the defendant, who was in the shop—I could see him—I did not know him by sight before—each person handed him something and then left the shop—he was in the public side of the shop—I looked through the door, which was open and fastened back—I could not see what they handed—</p>
<xptr type="pageFacsimile" doc="190203100007"/>
<p>the prisoner was two or three feet from the entrance of the shop—the persons who went in would only stay a second or two—none of them made any purchase while I was there—on November 30th I again kept observation from 1.10 to 2 p.m.—I was in plain clothes, and had been sent there because I was not known, being in another division—I saw 10 persons enter the shop—the prisoner was in about the same position as on the previous day—the 10 people handed slips of paper to the prisoner, and then left the shop as soon as they had done so—I was walking about in the same position as the day before—one of the persons, dressed like a butcher, wrote something in the street on a slip of paper which he copied from the sporting column of a newspaper—he was about 11 yards from the shop then on the opposite side of the road—he walked across and gave it to the defendant in the shop—I saw a milkman write in the street on a slip "Eastern Friars 2/6 to win"—that is the name of a horse—that was done in Portobello Road, at the corner of Elgin Crescent, by a corn chandler's shop—I was standing by his side—he went into the shop and handed the slip to the prisoner—I saw the prisoner leave the shop at 1.30 and walk along Portobello Road for about 100 yards, he stood by a fish shop for a moment and returned to his shop at 1.35—there was a man outside the fish shop, he had no communication with him—when the prisoner returned I saw four persons going into the shop—they did not go in together—they handed something to the prisoner and went away—the next day I kept observation was on December 3rd, from 1.10 to 1.45 p.m.—during that time I saw 13 persons enter the shop, hand the prisoner slips and then come out as before, no purchases were made as far as I could see—at 1.15 I saw a man in the street write on a slip "The Sapper Is. to win, stake on Sidewing the first attempt 1s. to win, stake on Snapshot"—he had a newspaper with him—"Sidewing" is the name of a horse—the man entered the shop and gave the slip to the prisoner—I was on the opposite side of the way—on December 3rd, under my instructions, my wife entered the shop at 1.25—she came out with the defendant, and they both looked into the window, where goods were displayed, she pointed out some article in the window and then they both returned to the shop, and she made some small purchase—the prisoner stayed on the public side of the counter while he served her—there was another man behind the counter working at a bench—I think his name is Jacobson—the prisoner took the money from my wife and handed it to Jacobson—on December 4th I watched again from 1.40 to 2 p.m.—the prisoner was in the same position in the shop—I saw five persons enter—each of them handed slips to the prisoner—I saw two of those five slips written—they copied what they wrote from newspapers—I could not see the horses' names—the persons left without making purchases—on December 5th I watched from 12.45 to 1.30 p.m.—I saw eight men enter and hand slips to the defendant and leave—at 1 p.m. I saw a man write on a slip of paper in the street, "The Shifter 2s. to win," he then took a coin from his pocket, wrapped it in the paper, went into the shop, and handed the slip to the prisoner, who put it into his pocket and then left the shop with the man and walked up Portobello Road and stopped at a fish shop in conversation with the other man; I left them then—on December 6th I</p>
<xptr type="pageFacsimile" doc="190203100008"/>
<p>watched again from 1.10 to 1.45 p.m.—the prisoner was inside the shop, and a man I do not know was outside—I saw five men and a boy walk towards the shop at different times with slips in their hands—they were stopped by the man standing outside, who took the slips from them and entered the shop and handed the slips to the prisoner—the man outside did not look at them, but the prisoner did after receiving them—I saw two of them written, but was unable to see the horses' names—I reported the result of my observations each evening—those reports were founded on my notes which I made at the time—I had that note before me when giving my evidence before the Magistrate on December 31st—on December 18th I went to the shop with Inspector Turrell—there was a conversation between the Inspector and the prisoner in my hearing—I did not make a note of it—the prisoner said the shop belonged to his brother, Mark Wolmark—we were in plain clothes—the Inspector told the prisoner who we were—I asked the prisoner how he accounted for the difference; in the initial on the shops, because the shop in Portobello Road had "C. Wolmark" on it, and the shop in Walmer Road had "M. "Wolmark"—he said, "I cannot account for that at all, I do not know"—I was not present when the summonses were served—I was present at the hearing on December 27th and gave my evidence—I heard the prisoner examined upon his oath—on December 18th, when I went to the shop, the prisoner did not make any statement about his brother Caesar being the owner of the premises or carrying on business there—he made no reference to Caesar at all.</p>
<hi rend="italic">Cross-examined.</hi> I have been on this special class of duty about six years—Howes, who was also watching, has also been on the same class of duty before—I have watched betting both in the street and in houses—when it is in houses both watchers very often get inside the house to see what goes on—I did not go inside in this case, because I could keep observation outside just as well—I have seen all manner of tradesmen betting—the first time I saw one of the slips written was on November 30th—I saw a butcher write a slip almost opposite No. 177—the majority of the people who I saw write the slips wrote them some distance from the shop—I have seen a slip handed to the prisoner while I was standing at the' spot I marked on the plan—I did not say before the Magistrate that the prisoner was standing three yards from the door when slips were handed to him, I said "about," because I did not know the measurements of the shop—I told my wife to go to the shop and make a purchase, and to take notice of anything she saw—I did not tell her I was watching the shop or that the prisoner was suspected of betting, or to get the man outside the shop—I do not know why he was brought outside—I wanted to see what part the prisoner had in the business, because we did not know him—each day I compared the names I saw written on the slips with the evening papers, and on each occasion I saw that the horses whose names I had seen written on the slips were runners in races—there was not a single non-starter—sometimes I looked in the "Evening News "and sometimes in the "Star"; I do not know why—on the 29th I could not see what was handed to the prisoner—the slips I saw varied in size—I have seen a man sitting in the window working while I have been watching—he was not there every day—I never saw a purchase made in the shop except that made by my wife.</p>
<xptr type="pageFacsimile" doc="190203100009"/>
<hi rend="italic">Re-examined.</hi> We were told to go at the time we considered best, so we went at dinner time.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-49" type="witnessName">
<interp inst="t19020310-name-49" type="gender" value="male"/>
<interp inst="t19020310-name-49" type="surname" value="HOWES"/>
<interp inst="t19020310-name-49" type="given" value="JAMES"/>JAMES HOWES</persName> </hi> (551
<hi rend="italic">X</hi>) I was on the special duty of watching 177, Portobello Road—I first went there on November 29th from 1.35 to 2.30 p.m.—I kept observation apart from Sergeant Roylance—I was in the roadway, but not always in the same place—I saw the prisoner in the shop—13 men entered separately and left again very shortly—each of them handed the prisoner a slip of paper—I saw a milkman write some thing on a slip from a newspaper and hand it to the prisoner—on November 30th I kept observation from 1.20 to 2 p.m. in about the same place—the prisoner was just inside the shop—I saw nine persons enter the shop as before—they handed slips to the defendant and left shortly—I did not see any purchases—I saw the same milkman whom I had seen the day before hand a slip to the prisoner on the second day—about 1.30 p.m. the prisoner left the shop for a little distance and then returned, and a man spoke to him and they went into the shop together—the man handed the prisoner a slip—on December 3rd I watched from 12.45 to 1.40—17 people went in—about 1.10 on that day I went into the Porto
<lb/>bello Arms, on the other side of Elgin Crescent—I saw a man write on a slip, "The Sapper 5s. to win"—he left the house with two others and went to the prisoner's shop and handed the slip to the prisoner—I also saw a woman go into the shop on that day—on December 4th I watched from 1.35 to 1.55—seven people went in—the prisoner was in the same place in the shop—each handed him a slip—I had seen two of them written outside after reference to a newspaper—on December 5th I watched from 12.45 to 1.30—I saw-five men enter the shop—in a coffee house I saw "Prince Leo 1s. each way"written on a slip—the writer handed the slip to the prisoner—on December 6th I watched from 12.15 to 1.40—the prisoner was in the shop, and a man was standing outside, who received 11 slips, which he handed to the prisoner—the man did not look at them before he handed them to the prisoner—I saw a man write on one of them in Kensington Park Road, "Degenerate Is. to win, 1, 2, 3"—Kensington Park Road is about 20 or 30 yards from the shop—I saw it handed to the prisoner.</p>
<hi rend="italic">Cross-examined.</hi> I have been engaged on this class of duty for eight years, on and off—I have been in the force 21 years—I have been a sergeant, but was reduced eight years ago for being the worse for drink on duty—I may have seen butchers write on slips in other cases, I cannot remember, I have had so many cases—when I saw the prisoner receive slips I have sometimes been on the footway and sometimes in the road—I did not see any persons I knew write slips—I went into the public house to see if a man was writing a slip—it is a common thing to find—I went into the coffee house to have a cup of coffee—the longest period I watched at one time was 1 1/2 hours—I was about five minutes having my coffee—I went into Kensington Park Road to see what was going on—I compared the names I saw written on the slips with newspapers the same evening or the next day, and I found they were horses which were running that day—I do not think I said before the Magistrate that 13 people Handed the prisoner 13 slips, I said 13 people entered the shop—the door of the shop was always open while I was there—I never saw a</p>
<xptr type="pageFacsimile" doc="190203100010"/>
<p>customer transact business there—I only saw one woman visit the shop, that was Mrs. Roylance—some of the men had the slips in their hands, and some took them from their pockets.</p>
<hi rend="italic">Re-examined.</hi> I never saw the prisoner do any writing to any of the slips handed to him at the shop—he put them into his pocket.</p>
<hi rend="italic">The Jury were taken to view</hi> 177,
<hi rend="italic">Portobello Road, to see if the police could have seen what they stated they saw from the positions they gave.</hi>)</p>
<hi rend="smallCaps">
<persName id="t19020310-name-50" type="witnessName">
<interp inst="t19020310-name-50" type="gender" value="female"/>
<interp inst="t19020310-name-50" type="surname" value="ROYLANCE"/>
<interp inst="t19020310-name-50" type="given" value="MARY"/>MARY ROYLANCE</persName> </hi>. I am the wife of Police Sergeant William Roylance—on December 3rd, at 1.30, I went to 177, Portobello Road, and saw four men—the prisoner is one of them—he was standing near the counter, not behind it, another man was at the door, and one behind the door—they went up to the table and took a small piece of paper, which the prisoner put in the pocket of the overcoat which he was wearing—he gave nothing in exchange, as I could see, and nothing was said—one man went behind the counter and turned round to the other man—they had some fancy ornament—nothing was said—they made no purchase—I asked the prisoner for some brooches—he showed me some—I said, "There is one in the window"—he went out with me and I pointed out which it was—we both returned to the shop, and he took it out of the window—I paid him 1s. for it and left.</p>
<hi rend="italic">Cross-examined.</hi> I examined the jewellery in the window before I went in—when I went in he was standing where this mark on the model is—I have been married 11 years—I never read my husband's cases in the papers—he has been engaged in watching public house betting during the last two years—I do not know that in betting cases slips of paper are passed—I was instructed to make a purchase and take notice of anything I saw done in the shop—I did not see a man working in the window—the man behind the counter was doing nothing the whole time—I did not take the prisoner outside, he simply asked me to go out and point out which brooch I wanted—it was not part of my scheme to get him to go outside—the evidence I gave in the perjury case is correct—he was close to the counter except when he went out.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-51" type="witnessName">
<interp inst="t19020310-name-51" type="gender" value="male"/>
<interp inst="t19020310-name-51" type="surname" value="TURRELL"/>
<interp inst="t19020310-name-51" type="given" value="WILLIAM"/>WILLIAM TURRELL</persName> </hi> (
<hi rend="italic">Police Inspector, F.</hi>) Under my instructions, Roylance and Howes watched these premises and reported the result—on December 18th I went to 177, Portobello Road, with Roylance, and saw the prisoner—I said, "I am a police officer, and have come to see what position you hold here, as we have received information about betting"—I asked him his name; he said "Charles Levy"—I said, "Is your name Wolmark?"—he said, "Yes"—he gave his address 138, Walmer Road—I never mentioned Caesar Wolmark, nor said that he was the proprietor of the business—he did not say, "I do not know how 'Caesar Wolmark' was put up outside"—on December 21st I took six summonses to Portobello Road and served them on the prisoner—he read them, and said, "I have not done no betting for months; those who say they saw me betting will have to prove it"—on December 27th the summonses came on for hearing before Mr. Curtis Bennett; the prisoner gave evidence on his own behalf, and I saw a man in Court who I now know as Caesar Wolmark—he was not called as a witness for his brother—the only witnesses called for the defence were himself and Jacobson, the shopman.</p>
<xptr type="pageFacsimile" doc="190203100011"/>
<hi rend="italic">Cross-examined.</hi> I do not think I asked him who he worked for—I took a note as soon as I left the shop, which I have here—he did not say he worked for his brother Caesar and lived with his brother Mark—the first time I heard the name of Mark was at the police court—I do not know Hewett, a betting man, but I have heard of him—I do not know that the prisoner was working for Hewison—those proceedings were instituted on my instigation—I knew that 177, Portobello Road, was used for betting, but I had no idea who was carrying it on—I do not know that Hewison had ceased to carry on the business on November 23rd.</p>
<hi rend="italic">Evidence for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-52" type="witnessName">
<interp inst="t19020310-name-52" type="gender" value="male"/>
<interp inst="t19020310-name-52" type="surname" value="JACOBSON"/>
<interp inst="t19020310-name-52" type="given" value="DAVID"/>DAVID JACOBSON</persName> </hi>. I am a watch maker, and have been employed at 177, Portobello Road, three years, at 30s. a week, repairing watches and jewellery—I have been kept pretty busy—people brought watches to be repaired, and there was sometimes a biggish trade done there; people came morning, mid-day, and night, and sometimes watches were sold on the instalment principle—little bits of paper are given when watches are left to be repaired, and the prisoner or I stamp them with a rubber stamp—Caesar Wolmark is the governor—these are some of the slips which have been used (
<hi rend="italic">Produced.</hi>)—one of them is given to a person who leaves a watch to be repaired, with their name on it and the number of the watch, and they have to bring them back—if they do not leave a watch they do not have a paper—we give a receipt for each instalment on articles sold on the instalment principle—the manager does that—they come in bringing their piece of paper, get it signed, and take it away—I never knew persons to come in and go out—without doing any business—Charley Wolmark does not stand in the doorway.</p>
<hi rend="italic">Cross-examined.</hi> He does sometimes, and sometimes in the middle of the shop—the door is not fastened—we write the number of the watch over the man's name—duplicate tickets have to be made out, and we sometimes use pen and ink for that, and the price to be charged for the repair is put down—I sit in the window; only the manager is behind me—there is no other person in the shop—I have never seen people come in with little slips of paper and give them to my employer, except these slips—I do not remember Mr. Charles Wolmark standing outside these premises and receiving little slips of paper—he did not do so before February 23rd for an hour in the middle of the day—he used to go out from 12 to 2 o'clock, but I did not notice that he stood in the street in Portobello Road; I was inside—I never bet.</p>
<rs id="t19020310-233-verdict-1" type="verdictDescription">
<interp inst="t19020310-233-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-233-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.
<hi rend="italic">Recommended to mercy by the Jury on account of his youth.</hi> </rs>
<hi rend="italic">
<rs id="t19020310-233-punishment-13" type="punishmentDescription">
<interp inst="t19020310-233-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-233-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-233-19020310 t19020310-233-punishment-13"/>Four months in the second division.</rs> </hi> </p> </div1>
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<interp inst="def1-234-19020310" type="gender" value="male"/>
<interp inst="def1-234-19020310" type="age" value="26"/>
<interp inst="def1-234-19020310" type="surname" value="CRAIG"/>
<interp inst="def1-234-19020310" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM CRAIG</hi> (26)</persName>, and
<persName id="def2-234-19020310" type="defendantName">
<interp inst="def2-234-19020310" type="gender" value="male"/>
<interp inst="def2-234-19020310" type="age" value="36"/>
<interp inst="def2-234-19020310" type="surname" value="ROSE"/>
<interp inst="def2-234-19020310" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED ROSE</hi> (36)</persName>, withdrew their pleas of not guilty, and
<hi rend="smallCaps">
<rs id="t19020310-234-verdict-1" type="verdictDescription">
<interp inst="t19020310-234-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-234-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t19020310-234-offence-1" type="offenceDescription">
<interp inst="t19020310-234-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020310-234-offence-1" type="offenceSubcategory" value="simpleLarceny"/>stealing a purse and 10s. 6 1/2 d., the property of
<persName id="t19020310-name-55" type="victimName">
<interp inst="t19020310-name-55" type="gender" value="female"/>
<interp inst="t19020310-name-55" type="surname" value="WATTS"/>
<interp inst="t19020310-name-55" type="given" value="RUTH"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-234-offence-1 t19020310-name-55"/>Ruth Watts</persName>;</rs>
<hi rend="italic">Craig having been convicted at Clerkenwell on August</hi> 4
<hi rend="italic">th</hi>, 1897.
<hi rend="italic">and Rose at Clerkenwell on June</hi> 6
<hi rend="italic">th</hi>, 1900.
<hi rend="italic">Four previous convictions were proved against Craig, and ten against Rose.</hi>
<hi rend="largeCaps">ROSE</hi>
<hi rend="italic">
<rs id="t19020310-234-punishment-14" type="punishmentDescription">
<interp inst="t19020310-234-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-234-punishment-14" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-234-19020310 t19020310-234-punishment-14"/>Four years' penal servitude</rs> </hi>;
<hi rend="largeCaps">CRAIG</hi>
<hi rend="italic">
<rs id="t19020310-234-punishment-15" type="punishmentDescription">
<interp inst="t19020310-234-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-234-punishment-15" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-234-19020310 t19020310-234-punishment-15"/>Eighteen months' hard labour.</rs> </hi> </p> </div1>
<xptr type="pageFacsimile" doc="190203100012"/>
<hi rend="largeCaps">NEW COURT</hi>
<hi rend="italic">Tuesday, March</hi> 11
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
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<persName id="def1-235-19020310" type="defendantName">
<interp inst="def1-235-19020310" type="gender" value="male"/>
<interp inst="def1-235-19020310" type="age" value="29"/>
<interp inst="def1-235-19020310" type="surname" value="BARR"/>
<interp inst="def1-235-19020310" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM BARR</hi> (29)</persName>,
<hi rend="smallCaps">
<rs id="t19020310-235-verdict-1" type="verdictDescription">
<interp inst="t19020310-235-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-235-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t19020310-235-offence-1" type="offenceDescription">
<interp inst="t19020310-235-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020310-235-offence-1" type="offenceSubcategory" value="fraud"/>certain counts of an indictment charging him with obtaining divers small sums by false pretences, with intent to defraud</rs> (
<hi rend="italic">He had been convicted by a Military Tribunal of a like offence.)
<rs id="t19020310-235-punishment-16" type="punishmentDescription">
<interp inst="t19020310-235-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-235-punishment-16" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-235-19020310 t19020310-235-punishment-16"/> Eighteen months hard labour.</rs> </hi> </p> </div1>
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<interp inst="t19020310-236" type="date" value="19020310"/>
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<persName id="def1-236-19020310" type="defendantName">
<interp inst="def1-236-19020310" type="gender" value="male"/>
<interp inst="def1-236-19020310" type="age" value="31"/>
<interp inst="def1-236-19020310" type="surname" value="ADLER"/>
<interp inst="def1-236-19020310" type="given" value="MAX"/>
<hi rend="largeCaps">MAX ADLER</hi> (31)</persName>
<rs id="t19020310-236-offence-1" type="offenceDescription">
<interp inst="t19020310-236-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t19020310-236-offence-1" type="offenceSubcategory" value="arson"/>, Feloniously attempting to set fire to certain premises under such circumstances as, if they had been set fire to, he would have been guilty of arson.</rs> </p>
<hi rend="smallCaps">MR. PERROT</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="italic">
<rs id="t19020310-236-verdict-1" type="verdictDescription">
<interp inst="t19020310-236-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-236-verdict-1" type="verdictSubcategory" value="insane"/>Upon the evidence of Dr. Scott, medical officer of Holloway Gaol, the Jury found the prisoner guilty of the act, but insane at the time.</rs>
<rs id="t19020310-236-punishment-17" type="punishmentDescription">
<interp inst="t19020310-236-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-236-punishment-17" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-236-19020310 t19020310-236-punishment-17"/>To be detained during His Majesty's pleasure.</rs> </hi> </p>
<hi rend="italic">For the other cases tried this day, see Essex Cases.</hi> </p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Tuesday, March</hi> 11
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before L. Smith, Esq., K.C.</hi> </p>
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<join result="criminalCharge" id="t19020310-237-charge-1" targOrder="Y" targets="def1-237-19020310 t19020310-237-offence-1 t19020310-237-verdict-1"/>
<persName id="def1-237-19020310" type="defendantName">
<interp inst="def1-237-19020310" type="gender" value="male"/>
<interp inst="def1-237-19020310" type="age" value="54"/>
<interp inst="def1-237-19020310" type="surname" value="PICTON"/>
<interp inst="def1-237-19020310" type="given" value="JOHN WILLIAM"/>
<hi rend="largeCaps">JOHN WILLIAM PICTON</hi> (54)</persName>,
<hi rend="smallCaps">
<rs id="t19020310-237-verdict-1" type="verdictDescription">
<interp inst="t19020310-237-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-237-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t19020310-237-offence-1" type="offenceDescription">
<interp inst="t19020310-237-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020310-237-offence-1" type="offenceSubcategory" value="forgery"/>three indictments, for forging and uttering orders for the payment of £3 3s., £3 3s., and £4 8s. 6d. </rs>
<hi rend="italic">He received a good character.
<rs id="t19020310-237-punishment-18" type="punishmentDescription">
<interp inst="t19020310-237-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-237-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-237-19020310 t19020310-237-punishment-18"/>Three months' imprisonment in the second division</rs> and</hi> </p> </div1>
<div1 type="trialAccount" id="t19020310-18">
<interp inst="t19020310-18" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-18" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-18-charge-1" targOrder="Y" targets="def1-18-19020310 t19020310-18-offence-1 t19020310-18-verdict-1"/>
<persName id="def1-18-19020310" type="defendantName">
<interp inst="def1-18-19020310" type="gender" value="male"/>
<interp inst="def1-18-19020310" type="age" value="42"/>
<interp inst="def1-18-19020310" type="surname" value="WILSON"/>
<interp inst="def1-18-19020310" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WILSON</hi> (42)</persName>
<rs id="t19020310-18-offence-1" type="offenceDescription">
<interp inst="t19020310-18-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020310-18-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing 45 lbs. of lead piping, belonging to
<persName id="t19020310-name-60" type="victimName">
<interp inst="t19020310-name-60" type="gender" value="male"/>
<interp inst="t19020310-name-60" type="surname" value="STAPLEY"/>
<interp inst="t19020310-name-60" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-18-offence-1 t19020310-name-60"/>James Stapley</persName>, having been convicted of felony at this Court in February, 1898, in the name of Walter Plats. </rs>
<hi rend="italic">Two other convictions were proved against him.
<rs id="t19020310-18-punishment-19" type="punishmentDescription">
<interp inst="t19020310-18-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-18-punishment-19" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-18-19020310 t19020310-18-punishment-19"/>Three years' penal servitude.</rs> </hi>
<rs id="t19020310-18-verdict-1" type="verdictDescription">
<interp inst="t19020310-18-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-18-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, March</hi> 12
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Grantham.</hi> </p>
<div1 type="trialAccount" id="t19020310-239">
<interp inst="t19020310-239" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-239" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-239-charge-1" targOrder="Y" targets="def1-239-19020310 t19020310-239-offence-1 t19020310-239-verdict-1"/>
<persName id="def1-239-19020310" type="defendantName">
<interp inst="def1-239-19020310" type="gender" value="female"/>
<interp inst="def1-239-19020310" type="age" value="24"/>
<interp inst="def1-239-19020310" type="surname" value="MOIR"/>
<interp inst="def1-239-19020310" type="given" value="EMILY"/>
<hi rend="largeCaps">EMILY MOIR</hi> (24)</persName>
<rs id="t19020310-239-offence-1" type="offenceDescription">
<interp inst="t19020310-239-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19020310-239-offence-1" type="offenceSubcategory" value="infanticide"/>, For the wilful murder of her newly born male child.</rs> </p>
<hi rend="smallCaps">MR. CAMPBELL</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="italic">
<rs id="t19020310-239-verdict-1" type="verdictDescription">
<interp inst="t19020310-239-verdict-1" type="verdictCategory" value="miscVerdict"/>
<interp inst="t19020310-239-verdict-1" type="verdictSubcategory" value="unfitToPlead"/>Upon the evidence of Dr. Scott, the medical officer at Holloway Gaol, the Jury found the prisoner of unsound mind and unable to plead.</rs>
<rs id="t19020310-239-punishment-20" type="punishmentDescription">
<interp inst="t19020310-239-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-239-punishment-20" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-239-19020310 t19020310-239-punishment-20"/>To be detained during His Majesty's pleasure.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19020310-240">
<interp inst="t19020310-240" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-240" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-240-charge-1" targOrder="Y" targets="def1-240-19020310 t19020310-240-offence-1 t19020310-240-verdict-1"/>
<persName id="def1-240-19020310" type="defendantName">
<interp inst="def1-240-19020310" type="gender" value="female"/>
<interp inst="def1-240-19020310" type="age" value="39"/>
<interp inst="def1-240-19020310" type="surname" value="BALSER"/>
<interp inst="def1-240-19020310" type="given" value="CAROLINE"/>
<hi rend="largeCaps">CAROLINE BALSER</hi> (39)</persName>
<rs id="t19020310-240-offence-1" type="offenceDescription">
<interp inst="t19020310-240-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19020310-240-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously administering to
<persName id="t19020310-name-63" type="victimName">
<interp inst="t19020310-name-63" type="gender" value="female"/>
<interp inst="t19020310-name-63" type="surname" value="BALSER"/>
<interp inst="t19020310-name-63" type="given" value="JANE"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-240-offence-1 t19020310-name-63"/>Jane Balser</persName>, carbolic disinfectant, with intent to murder her.</rs> </p>
<hi rend="smallCaps">MR. BIRON</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. ABINGER</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-64" type="witnessName">
<interp inst="t19020310-name-64" type="gender" value="female"/>
<interp inst="t19020310-name-64" type="surname" value="GOGIN"/>
<interp inst="t19020310-name-64" type="given" value="ELIZABETH"/>ELIZABETH GOGIN</persName> </hi>. I am married, and live at 21, Severn Street—the prisoner and her husband, a carman, have lodged with me for 13 years—she has five children—on February 24th, about 9.30 a.m., the prisoner came down for a Jug of water—I did not notice anything about her condition—she went out and returned at 10.40 am.—then I went out, and when I came back I saw her little girl in the passage—she said</p>
<xptr type="pageFacsimile" doc="190203100013"/>
<p>something to me—I went upstairs and saw the prisoner lying on the bed—I said, "Oh, my, what have you done?"—she said, "I am poisoned, me and my baby"—I called Mrs. Batt, and tried to get a doctor, and after
<lb/>wards I gave the prisoner and the baby some salt and water.</p>
<hi rend="italic">Cross-examined.</hi> I was brought up with the prisoner—she has always been a good and sober woman—she has been too kind with her children—she had a severe illness when her last child was born—I do not think she is undergoing the change of life—I know she had influenza.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-65" type="witnessName">
<interp inst="t19020310-name-65" type="gender" value="female"/>
<interp inst="t19020310-name-65" type="surname" value="BATT"/>
<interp inst="t19020310-name-65" type="given" value="MARY"/>MARY BATT</persName> </hi>. I live at 24, Severn Street—I was fetched by Mrs. Gogin—when I got into the prisoner's room I said, "What have you done?"—the prisoner said she had poisoned herself, and said, "I wish to God the Almighty God would take me"—I saw the baby there, and said, "Have you poisoned the baby, too?"—she said, "Yes"—I gave the baby salt and water.</p>
<hi rend="italic">Cross-examined.</hi> The prisoner is a sober woman, and a good wife—I have never heard anything against her.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-66" type="witnessName">
<interp inst="t19020310-name-66" type="gender" value="male"/>
<interp inst="t19020310-name-66" type="surname" value="JONES"/>
<interp inst="t19020310-name-66" type="given" value="THOMAS"/>THOMAS JONES</persName> </hi>. I am divisional surgeon, and on February 24th I went to 21, Severn Street, and saw the prisoner and her child there—the child was collapsed, and I administered emetics to it, and to the prisoner, who was also collapsed, but not to such an extent as the child—I did not form any opinion then as to her mental condition—while I was there she said, "I wish I was dead"—I saw a bottle there, it contained atanic fluid, containing carbolic acid.</p>
<hi rend="italic">Cross-examined.</hi> Carbolic acid is a very good antiseptic—the child was suffering from an eruption of its head—the carbolic acid would not have been useful for application to the head in that condition—it is in the
<hi rend="italic">Pharmacopeia</hi> as a poison—I am not quite sure if it can be sold without an order from a doctor—this was a sort of disinfectant containing carbolic acid—it is a poison if taken internally—it would be a proper thing for the prisoner to rub the child with if it was more diluted; swallowing it would cause pain.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-67" type="witnessName">
<interp inst="t19020310-name-67" type="gender" value="male"/>
<interp inst="t19020310-name-67" type="surname" value="HURLEY"/>
<interp inst="t19020310-name-67" type="given" value="JAMES"/>JAMES HURLEY</persName> </hi> (
<hi rend="italic">Police Inspector H.</hi>) I saw the prisoner on February 24th—I asked her what she had done—the only reply I could get was, "I wish I was dead, I wish the Lord would take me," which she said several times, as well as on the way to the hospital.</p>
<hi rend="italic">Cross-examined.</hi> She appeared to be in great pain—both she and her husband are very respectable.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-68" type="witnessName">
<interp inst="t19020310-name-68" type="gender" value="male"/>
<interp inst="t19020310-name-68" type="surname" value="HIREBOURN"/>
<interp inst="t19020310-name-68" type="given" value="WILLIAM"/>WILLIAM HIREBOURN</persName> </hi>. I am house physician at the London Hospital—I received the prisoner and her child there on February 24th—they were suffering from poisoning—a fluid was brought to me in a bottle—there was no label on it—the child was collapsed and was in danger, unless proper remedies had been applied—the prisoner said she had been greatly worried about the child, because of the eruption of its head, and that she intended to use a lotion for its head—she was under my treatment eleven days—she had-paroxysms of melancholia occasionally—they would come on from time to time, then pass off and leave no trace—she was not suffering from melancholia when I first saw her—I did not hear her say she wished she was dead.</p>
<hi rend="italic">Cross-examined.</hi> The baby has recovered from the effects of the poison—carbolic acid is an antiseptic, and would be a proper thing to prescribe</p>
<xptr type="pageFacsimile" doc="190203100014"/>
<p>for its head, in a weak solution—I do not think it is in the schedule of poisons under the Pharmacy Act—the prisoner was low-spirited, and seemed to appreciate that she had been guilty of an extremely foolish thing—I gathered from what she said that she loved her child.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-69" type="witnessName">
<interp inst="t19020310-name-69" type="gender" value="male"/>
<interp inst="t19020310-name-69" type="surname" value="BUTLER"/>
<interp inst="t19020310-name-69" type="given" value="WILLIAM"/>WILLIAM BUTLER</persName> </hi>. I am manager to Henry Bell, an oilman in Cable Street—I remember selling to the prisoner some carbolic solution in a bottle like this—she asked me if it was poison, and I told her it was—it is used as a disinfectant when mixed with water.</p>
<hi rend="italic">Cross-examined.</hi> I did not ask her what she wanted it for, and she did not tell me; it is not usual for us to caution people how to use it—we do not dilute it—it comes from an oil merchant.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. The only other poison we sell that I know of is spirits of salts—we label that—we do not label the carbolic solution, because we do not think it necessary—we do not sell it as a poison, we sell it as a dis
<lb/>infectant—we do not sell it pure—we do not mix it, we sell it as we get it in bulk—I do not know what the parts are—this (
<hi rend="italic">Produced.</hi>) is a guarantee from Davis Bros., varnish manufacturers, of South Hackney, to Mr. Bell (
<hi rend="italic">This stated that they guaranteed him from all liability in connection with the Pharmacy Act arising from the sale of the disinfect
<lb/>ant.</hi>)—I do not know what it is made of.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-70" type="witnessName">
<interp inst="t19020310-name-70" type="gender" value="male"/>
<interp inst="t19020310-name-70" type="surname" value="DIVAL"/>
<interp inst="t19020310-name-70" type="given" value="THOMAS"/>THOMAS DIVAL</persName> </hi> (
<hi rend="italic">Police Officer.</hi>) I saw the prisoner on February 24th—she said, "What have I done?"—she was in a semi state of collapse, and I sent her to the London Hospital—I went there a few days afterwards—she was weeping bitterly, and seemed to be pondering over her child—I said nothing to her then, on account of her condition, and when she had cooled down, I took her to the station and told her the charge.</p>
<hi rend="italic">Cross-examined.</hi> The Magistrate offered to let her go back with her husband after the committal, if a person could be found to look after her—a person could not be found, so I sent her to Holloway.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-71" type="witnessName">
<interp inst="t19020310-name-71" type="gender" value="male"/>
<interp inst="t19020310-name-71" type="surname" value="HIREBOURN"/>
<interp inst="t19020310-name-71" type="given" value="WILLIAM"/>WILLIAM HIREBOURN</persName> </hi> (
<hi rend="italic">Re-examined.</hi>) I saw the bottle in this case—there was a small quantity of fluid in it—I had it analysed—it is an impure tar product, and has been used as a disinfectant and preservative—it contains other poisons very difficult to separate.</p>
<hi rend="italic">Cross-examined.</hi> I should call it a disinfectant.</p>
<hi rend="italic">The prisoner's statement before the Magistrate.</hi> "I did not want to poison my child nor myself. I bought it to bathe her head in. A dreadful sensation came over me, and I did not know what I was doing. "When the sensation came over me I drank some and gave the baby some."</p>
<hi rend="italic">Evidence for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-72" type="witnessName">
<interp inst="t19020310-name-72" type="gender" value="male"/>
<interp inst="t19020310-name-72" type="surname" value="BALSER"/>
<interp inst="t19020310-name-72" type="given" value="JOHN"/>JOHN BALSER</persName> </hi>. I am a carman—the prisoner is my wife—we have been married 18 years last December, and have had seven children—she has always been a kind and affectionate wife and mother—I have never seen any signs of insanity in her, she has never threatened me or the children with violence—some little time ago she had influenza—the baby had a rash, which all the doctors put down to teething—on February 24th I went to my work—my wife was perfectly well when I left—I was going home when I heard of this—I saw her the same night at the London Hospital.</p>
<hi rend="italic">Cross-examined.</hi> I have not noticed anything about my wife's health lately—the child has been a lot of trouble—I have never known my wife to suffer from fits of melancholia.</p>
<xptr type="pageFacsimile" doc="190203100015"/>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I have only been in my present employment since last October—I was at my last place for five years, and only left to better myself.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-73" type="witnessName">
<interp inst="t19020310-name-73" type="gender" value="male"/>
<interp inst="t19020310-name-73" type="surname" value="SCOTT"/>
<interp inst="t19020310-name-73" type="given" value="JAMES"/>DR. JAMES SCOTT</persName> </hi>. The prisoner has been under my observation since she has been in Holloway Gaol—she has been nervous and depressed at her position, and full of regret for her act—I have not detected any insanity—she has been rational in her conduct and conversation—I think she is approaching her change of life—that sometimes causes mental aberration—I could not at present certify that she is insane.</p>
<hi rend="italic">Cross-examined.</hi> The bulk of her depression and nervousness was from her position and at what she had done—she appreciated what she had done.</p>
<rs id="t19020310-240-verdict-1" type="verdictDescription">
<interp inst="t19020310-240-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-240-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">Recommended to mercy by the Jury.</hi> </rs>
<hi rend="italic">
<rs id="t19020310-240-punishment-21" type="punishmentDescription">
<interp inst="t19020310-240-punishment-21" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19020310-240-punishment-21" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-240-19020310 t19020310-240-punishment-21"/>Discharged on recognizances.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, March</hi> 12
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t19020310-241">
<interp inst="t19020310-241" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-241" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-241-charge-1" targOrder="Y" targets="def1-241-19020310 t19020310-241-offence-1 t19020310-241-verdict-1"/>
<join result="criminalCharge" id="t19020310-241-charge-2" targOrder="Y" targets="def1-241-19020310 t19020310-241-offence-2 t19020310-241-verdict-1"/>
<join result="criminalCharge" id="t19020310-241-charge-3" targOrder="Y" targets="def1-241-19020310 t19020310-241-offence-3 t19020310-241-verdict-1"/>
<join result="criminalCharge" id="t19020310-241-charge-4" targOrder="Y" targets="def1-241-19020310 t19020310-241-offence-4 t19020310-241-verdict-1"/>
<persName id="def1-241-19020310" type="defendantName">
<interp inst="def1-241-19020310" type="gender" value="male"/>
<interp inst="def1-241-19020310" type="age" value="44"/>
<interp inst="def1-241-19020310" type="surname" value="BATHO"/>
<interp inst="def1-241-19020310" type="given" value="WILLIAM JOHN"/>
<hi rend="largeCaps">WILLIAM JOHN BATHO</hi> (44)</persName>,
<hi rend="smallCaps">
<rs id="t19020310-241-verdict-1" type="verdictDescription">
<interp inst="t19020310-241-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-241-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t19020310-241-offence-1" type="offenceDescription">
<interp inst="t19020310-241-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020310-241-offence-1" type="offenceSubcategory" value="forgery"/>two indictments for forging and uttering shares of the capital stock of the London County Council,</rs>
<rs id="t19020310-241-offence-2" type="offenceDescription">
<interp inst="t19020310-241-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19020310-241-offence-2" type="offenceSubcategory" value="forgery"/>
<hi rend="italic">also</hi> to uttering a forged transfer in the books of the Bank of England,</rs>
<rs id="t19020310-241-offence-3" type="offenceDescription">
<interp inst="t19020310-241-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t19020310-241-offence-3" type="offenceSubcategory" value="forgery"/>
<hi rend="italic">also</hi> to uttering a forged transfer of £2,000,</rs>
<rs id="t19020310-241-offence-4" type="offenceDescription">
<interp inst="t19020310-241-offence-4" type="offenceCategory" value="deception"/>
<interp inst="t19020310-241-offence-4" type="offenceSubcategory" value="fraud"/>
<hi rend="italic">also</hi> to aiding and abetting an unknown person to personate another.</rs>
<hi rend="italic">
<rs id="t19020310-241-punishment-22" type="punishmentDescription">
<interp inst="t19020310-241-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-241-punishment-22" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-241-19020310 t19020310-241-punishment-22"/>Three years' penal servitude.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t19020310-22">
<interp inst="t19020310-22" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-22" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-22-charge-1" targOrder="Y" targets="def1-22-19020310 t19020310-22-offence-1 t19020310-22-verdict-1"/>
<join result="criminalCharge" id="t19020310-22-charge-2" targOrder="Y" targets="def1-22-19020310 t19020310-22-offence-2 t19020310-22-verdict-1"/>
<persName id="def1-22-19020310" type="defendantName">
<interp inst="def1-22-19020310" type="gender" value="male"/>
<interp inst="def1-22-19020310" type="age" value="72"/>
<interp inst="def1-22-19020310" type="surname" value="HALL"/>
<interp inst="def1-22-19020310" type="given" value="JOHN HENRY"/>
<hi rend="largeCaps">JOHN HENRY HALL</hi> (72)</persName>
<rs id="t19020310-22-offence-1" type="offenceDescription">
<interp inst="t19020310-22-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020310-22-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing a valuable security for the payment of £500,</rs>
<rs id="t19020310-22-offence-2" type="offenceDescription">
<interp inst="t19020310-22-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19020310-22-offence-2" type="offenceSubcategory" value="simpleLarceny"/>
<hi rend="italic">also</hi> a bond for the payment of £500, the property of
<persName id="t19020310-name-76" type="victimName">
<interp inst="t19020310-name-76" type="gender" value="male"/>
<interp inst="t19020310-name-76" type="surname" value="CARLO"/>
<interp inst="t19020310-name-76" type="given" value="HENRY THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-22-offence-2 t19020310-name-76"/>Henry Thomas Carlo</persName>.</rs>
<hi rend="italic">The prosecutor missed securities value</hi>£25,000
<hi rend="italic">or</hi> £30,000—
<hi rend="italic">
<rs id="t19020310-22-punishment-23" type="punishmentDescription">
<interp inst="t19020310-22-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-22-punishment-23" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-22-19020310 t19020310-22-punishment-23"/>Eighteen months' hard labour.</rs> </hi>
<rs id="t19020310-22-verdict-1" type="verdictDescription">
<interp inst="t19020310-22-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-22-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p>
<hi rend="italic">For the case of Emmerson Matthews, see Surrey cases.</hi> </p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, March</hi> 12
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t19020310-243">
<interp inst="t19020310-243" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-243" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-243-charge-1" targOrder="Y" targets="def1-243-19020310 t19020310-243-offence-1 t19020310-243-verdict-1"/>
<persName id="def1-243-19020310" type="defendantName">
<interp inst="def1-243-19020310" type="gender" value="male"/>
<interp inst="def1-243-19020310" type="surname" value="MAGNUS"/>
<interp inst="def1-243-19020310" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MAGNUS</hi> </persName>,
<rs id="t19020310-243-offence-1" type="offenceDescription">
<interp inst="t19020310-243-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020310-243-offence-1" type="offenceSubcategory" value="simpleLarceny"/>Stealing a bale of twill sheeting, the property of
<persName id="t19020310-name-78" type="victimName">
<interp inst="t19020310-name-78" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-243-offence-1 t19020310-name-78"/>Fisher, Renwish & Co.'s. Manchester and London steamers</persName>.</rs> </p>
<hi rend="smallCaps">MR. HUTTON</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. GREEN</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="italic">The</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">suggested that a mistake must have been made in the figures in the delivery notes, and the Jury stated that the case ought not to have been brought before them.</hi> </p>
<hi rend="smallCaps">
<rs id="t19020310-243-verdict-1" type="verdictDescription">
<interp inst="t19020310-243-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19020310-243-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t19020310-244">
<interp inst="t19020310-244" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-244" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-244-charge-1" targOrder="Y" targets="def1-244-19020310 t19020310-244-offence-1 t19020310-244-verdict-1"/>
<join result="criminalCharge" id="t19020310-244-charge-2" targOrder="Y" targets="def2-244-19020310 t19020310-244-offence-1 t19020310-244-verdict-1"/>
<persName id="def1-244-19020310" type="defendantName">
<interp inst="def1-244-19020310" type="gender" value="male"/>
<interp inst="def1-244-19020310" type="surname" value="MARKS"/>
<interp inst="def1-244-19020310" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MARKS</hi> </persName> and
<persName id="def2-244-19020310" type="defendantName">
<interp inst="def2-244-19020310" type="gender" value="male"/>
<interp inst="def2-244-19020310" type="surname" value="HOWARD"/>
<interp inst="def2-244-19020310" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR HOWARD</hi> </persName>,
<rs id="t19020310-244-offence-1" type="offenceDescription">
<interp inst="t19020310-244-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19020310-244-offence-1" type="offenceSubcategory" value="robbery"/> Robbery with violence on
<persName id="t19020310-name-81" type="victimName">
<interp inst="t19020310-name-81" type="gender" value="male"/>
<interp inst="t19020310-name-81" type="surname" value="GOODMAN"/>
<interp inst="t19020310-name-81" type="given" value="HERMAN"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-244-offence-1 t19020310-name-81"/>Herman Goodman</persName>, and stealing a handkerchief, and £1 6s. in money, his property.</rs> </p>
<hi rend="smallCaps">MR. GREENFIELD</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="italic">The evidence is unfit for publication.</hi> </p>
<hi rend="smallCaps">
<rs id="t19020310-244-verdict-1" type="verdictDescription">
<interp inst="t19020310-244-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19020310-244-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="italic">See page</hi> 353.]</p> </div1>
<xptr type="pageFacsimile" doc="190203100016"/>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Wednesday, March</hi> 12
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Alexander Rentoul, Esq., K.C.</hi> </p>
<div1 type="trialAccount" id="t19020310-245">
<interp inst="t19020310-245" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-245" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-245-charge-1" targOrder="Y" targets="def1-245-19020310 t19020310-245-offence-1 t19020310-245-verdict-1"/>
<persName id="def1-245-19020310" type="defendantName">
<interp inst="def1-245-19020310" type="gender" value="male"/>
<interp inst="def1-245-19020310" type="age" value="49"/>
<interp inst="def1-245-19020310" type="surname" value="DAVIES"/>
<interp inst="def1-245-19020310" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN DAVIES</hi> (49)</persName>
<rs id="t19020310-245-offence-1" type="offenceDescription">
<interp inst="t19020310-245-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020310-245-offence-1" type="offenceSubcategory" value="perjury"/>, Committing wilful and corrupt perjury.</rs> </p>
<hi rend="smallCaps">MR. MUIR, MR. A. GILL</hi>, and
<hi rend="smallCaps">MR. LEICESTER</hi>
<hi rend="italic">Prosecuted</hi>, and
<hi rend="smallCaps">MR. STEVENSON</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-83" type="witnessName">
<interp inst="t19020310-name-83" type="gender" value="male"/>
<interp inst="t19020310-name-83" type="surname" value="FISK"/>
<interp inst="t19020310-name-83" type="given" value="JOHN"/>JOHN FISK</persName> </hi>. I am a clerk at the "Westminster County Court—I pro
<lb/>duce the record in the action of John Davies
<hi rend="italic">v.</hi> Penfold and wife, heard on April 11th, 1899, before Judge Lumley Smith—judgment was given for the plaintiff for £30 10s.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-84" type="witnessName">
<interp inst="t19020310-name-84" type="gender" value="female"/>
<interp inst="t19020310-name-84" type="surname" value="PENFOLD"/>
<interp inst="t19020310-name-84" type="given" value="MARY"/>MARY PENFOLD</persName> </hi>. I am the wife of Henry Penfold, of 1, Great Hanbury Street—in October, 1898, my attention was directed to an advertisement in "Lloyd's Newspaper," and in consequence, on October 10th, I went to the Northampton Coffee House, Compton Street, Clerkenwell, where I saw a Mr. David Davies, and I eventually agreed to purchase the coffee house from him for £130—this (
<hi rend="italic">Produced.</hi>) is the agreement—David Davies informed me that he was taking £20 a week and making a profit of £7 a week, that he had been there 12 months, and had a 10 years' lease—I did not ask to see his books—I paid £25 on signing the agreement, £75 when I took possession on the 15th, and I gave this bill (
<hi rend="italic">Produced.</hi>) endorsed by my husband for the balance of £30, with 10s. interest—I had not seen John Davies until I took possession and paid the £75—he came into the shop and said to David Davies, "Is it all right?"—David said, "Yes"—I said, "That is your brother, Mr. Davies"—he said, "No"—he said he would keep the lease till the bill was paid, and he then went away, giving me his address at Northampton, and the first letter I wrote to him there was returned through the post—I wrote to him because I was not satisfied with the business; the takings never came to more than £7 a week, and I made no profit, and I never received the lease—when the bill was coming due I received this letter from David Davies. (
<hi rend="italic">This stated that he was unable to call, but had discounted the bill for</hi>£30 10s.
<hi rend="italic">to a gentleman in Queen's Road, Peckham, who would probably call next week, and had left the agreement and landlord's consent with the bill</hi>)—the gentleman from Peckham called on February 18th, when the bill was due—he turned out to be John Davies—he asked me if I was prepared to settle the bill—I told him I wanted to see David Davies first, as I was not satisfied with the business—I said, "You must know where David Davies is, you are his brother," and he said "No," and that he believed he was in the country; he had not seen him since he gave him £25 for the bill—he went away, and soon after I was served with a summons to attend at the Westminster County Court on April 11th—I instructed my solicitor, Mr. Morley, to defend—John Davies gave evidence, and was asked if he knew where his brother David was, and he replied that he had not seen him for five weeks, and that he was in Northampton—judgment was given against me, and I paid.</p>
<hi rend="italic">Cross-examined.</hi> All the transactions with regard to the coffee house were with David Davies—when I was paying the £75 to David Davies, John Davies came in and asked if it was all right, and that is how I recognised him again when he came with the bill—I am quite</p>
<xptr type="pageFacsimile" doc="190203100017"/>
<p>certain John Davies said at the County Court that he had not seen his brother David for five weeks, and I believe he said he was in Northampton.</p>
<hi rend="italic">Re-examined.</hi> I have refreshed my memory by the notes I made soon after the misrepresentations were made, nearly four years ago.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-85" type="witnessName">
<interp inst="t19020310-name-85" type="gender" value="male"/>
<interp inst="t19020310-name-85" type="surname" value="PENFOLD"/>
<interp inst="t19020310-name-85" type="given" value="WILLIAM"/>WILLIAM PENFOLD</persName> </hi>. I am a son of the last witness, and am a licensed victualler—I was present at Westminster County Court on April 11th, 1899, and I heard John Davies say in his evidence that he had given his brother David £25 for the bill, in a public house—he was also asked if he knew where his brother David was, and he said he had not seen him for about five weeks, he thought he had gone into the country to buy cattle, and that is what he had the £25 for.</p>
<hi rend="italic">Cross-examined.</hi> I do not remember any witness being called to prove that the money for the bill had passed.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-86" type="witnessName">
<interp inst="t19020310-name-86" type="gender" value="male"/>
<interp inst="t19020310-name-86" type="surname" value="EVEREST"/>
<interp inst="t19020310-name-86" type="given" value="JOHN"/>JOHN EVEREST</persName> </hi>. I am clerk to Ernest Pheasant, solicitor, 10, Duke Street, Adelphi—I produce the call book for February, March, and April, 1899—on February 18th, 1899, David Davies called to see Mr. Pheasant to give instructions—he called again on February 20th, and gave further instructions—he called again on March 3rd, 9th, 13th, and on April 6th there was a letter to him and John—on April 8th both David and John Davies called and had an interview together with Mr. Pheasant—that was the first time I had seen John Davies—they both called again on April 29th, when the matter was settled—we had never received any instructions from John Davies.</p>
<hi rend="italic">Cross-examined.</hi> David Davies had been a client of ours before then.</p>
<hi rend="italic">Re-examined.</hi> At that time there was no other business except that action.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-87" type="witnessName">
<interp inst="t19020310-name-87" type="gender" value="male"/>
<interp inst="t19020310-name-87" type="surname" value="PHEASANT"/>
<interp inst="t19020310-name-87" type="given" value="ERNEST WILLIAM"/>ERNEST WILLIAM PHEASANT</persName> </hi>. I am a solicitor, of Duke Street, Adelphi—I acted for the plaintiff in the action of John Davies against Mary Penfold—I received my instructions from David Davies—I did not see him at the trial—the question was put to John Davies whether he knew where David was, and he said he did not—after judgment was given, Mrs. Penfold called and paid me the money, and I paid a cheque to John Davies on April 29th, for £29, in the presence of David Davies—I cannot say who endorsed the cheque.</p>
<hi rend="italic">Cross-examined.</hi> I have no recollection of John saying that he had not seen his brother for five weeks.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-88" type="witnessName">
<interp inst="t19020310-name-88" type="gender" value="male"/>
<interp inst="t19020310-name-88" type="surname" value="MORLEY"/>
<interp inst="t19020310-name-88" type="given" value="JAMES"/>JAMES MORLEY</persName> </hi>. I am a solicitor, of 22, Philpot Lane, City—I acted for Mrs. Penfold and her husband in the action brought by John Davies—I was present at the trial, and instructed Counsel—a question was put to John Davies by Counsel: "When did you last see your brother?" and the answer, which I have a note of here, was: "I saw my brother five weeks ago at Northampton."</p>
<hi rend="italic">Cross-examined.</hi> I have not got a note of the question; as to that, I am simply speaking from recollection.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-89" type="witnessName">
<interp inst="t19020310-name-89" type="gender" value="male"/>
<interp inst="t19020310-name-89" type="surname" value="WARR"/>
<interp inst="t19020310-name-89" type="given" value="ARTHUR PERCY"/>ARTHUR PERCY WARR</persName> </hi>. I am a clerk at the London and County Bank, Covent Garden Branch—Mr. Pheasant has an account there—this cheque (
<hi rend="italic">Produced.</hi>) for £29 was cashed on April 29th, 1899, in four £5 notes, Nos. 64369 to 64372, dated December 13th, 1898, and £9 in gold—this £5 note, No. 64369, is one of the notes given in part payment of this cheque endorsed "D. Davies"—these are the other three notes (
<hi rend="italic">Produced</hi>).</p>
<xptr type="pageFacsimile" doc="190203100020"/>
<hi rend="smallCaps">
<persName id="t19020310-name-90" type="witnessName">
<interp inst="t19020310-name-90" type="gender" value="male"/>
<interp inst="t19020310-name-90" type="surname" value="WILLIAMS"/>
<interp inst="t19020310-name-90" type="given" value="CHARLES JOHN"/>CHARLES JOHN WILLIAMS</persName> </hi>. I am a clerk in the Accountant's Depart
<lb/>ment in the Bank Note Office, Bank of England—I produce the four £5 notes which have been identified, one of which, No. 64369, is endorsed "D. Davies"—they came back to our Bank in the ordinary course of business, and were all in by May 26th, 1899.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-91" type="witnessName">
<interp inst="t19020310-name-91" type="gender" value="male"/>
<interp inst="t19020310-name-91" type="surname" value="BETTS"/>
<interp inst="t19020310-name-91" type="given" value="WALTER"/>WALTER BETTS</persName> </hi>. I know David Davies—I saw him sign Exhibit No. 2.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-92" type="witnessName">
<interp inst="t19020310-name-92" type="gender" value="male"/>
<interp inst="t19020310-name-92" type="surname" value="HILL"/>
<interp inst="t19020310-name-92" type="given" value="ERNEST"/>ERNEST HILL</persName> </hi>. I know David Davies—I saw him write the whole of this document (
<hi rend="italic">Exhibit</hi> 30).</p>
<hi rend="smallCaps">
<persName id="t19020310-name-93" type="witnessName">
<interp inst="t19020310-name-93" type="gender" value="male"/>
<interp inst="t19020310-name-93" type="surname" value="GURRIN"/>
<interp inst="t19020310-name-93" type="given" value="THOMAS HENRY"/>THOMAS HENRY GURRIN</persName> </hi>. I am an expert in handwriting—the Ex
<lb/>hibits Nos. 2 and 30 are, in my opinion, in David Davies' writing—the endorsement, "John Davies," on the cheque is in the writing of David Davies—it is nothing like the writing of John Davies.</p>
<hi rend="smallCaps">
<rs id="t19020310-245-verdict-1" type="verdictDescription">
<interp inst="t19020310-245-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-245-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t19020310-245-punishment-24" type="punishmentDescription">
<interp inst="t19020310-245-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-245-punishment-24" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-245-19020310 t19020310-245-punishment-24"/>One year's hard labour.</rs> </hi> (
<hi rend="italic">See next case.</hi>)</p> </div1>
<div1 type="trialAccount" id="t19020310-246">
<interp inst="t19020310-246" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-246" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-246-charge-1" targOrder="Y" targets="def1-246-19020310 t19020310-246-offence-1 t19020310-246-verdict-1"/>
<persName id="def1-246-19020310" type="defendantName">
<interp inst="def1-246-19020310" type="gender" value="male"/>
<interp inst="def1-246-19020310" type="surname" value="DAVIES"/>
<interp inst="def1-246-19020310" type="given" value="DAVID"/>
<hi rend="largeCaps">DAVID DAVIES</hi> </persName>,
<rs id="t19020310-246-offence-1" type="offenceDescription">
<interp inst="t19020310-246-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020310-246-offence-1" type="offenceSubcategory" value="perjury"/>Suborning and procuring
<persName id="t19020310-name-95">
<interp inst="t19020310-name-95" type="gender" value="male"/>
<interp inst="t19020310-name-95" type="surname" value="DAVIES"/>
<interp inst="t19020310-name-95" type="given" value="JOHN"/>John Davies</persName> to commit perjury.</rs> </p>
<hi rend="smallCaps">MR. MUIR, MR. A. GILL</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. LEYCESTER</hi>
<hi rend="italic">Prosecuted</hi>, and
<hi rend="smallCaps">MR. SIMMONDS</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-96" type="witnessName">
<interp inst="t19020310-name-96" type="gender" value="male"/>
<interp inst="t19020310-name-96" type="surname" value="FISK"/>
<interp inst="t19020310-name-96" type="given" value="JOHN"/>JOHN FISK</persName> </hi>
<hi rend="italic">repeated his former evidence.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-97" type="witnessName">
<interp inst="t19020310-name-97" type="gender" value="female"/>
<interp inst="t19020310-name-97" type="surname" value="PENFOLD"/>
<interp inst="t19020310-name-97" type="given" value="MARY"/>MARY PENFOLD</persName> </hi>
<hi rend="italic">repeated her former evidence.</hi> </p>
<hi rend="italic">Cross-examined.</hi> I had never been in the coffeehouse business before—the takings were never over £7 a week—they were not what he repre
<lb/>sented them to be, £20 a week—he said he had the premises on a ten years lease, which I found he had not.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-98" type="witnessName">
<interp inst="t19020310-name-98" type="gender" value="male"/>
<interp inst="t19020310-name-98" type="surname" value="GROUT"/>
<interp inst="t19020310-name-98" type="given" value="CHARLES"/>CHARLES GROUT</persName> </hi>. I acted in 1898 as agent for the landlord of 67, Compton Street, Clerkenwell—in June, 1898, I entered into this agree
<lb/>ment (
<hi rend="italic">Produced</hi>), on behalf of the landlord, with David Davies—up to that time he had not had possession of the premises—I promised him a lease after he had been there three years, which he never applied for.</p>
<hi rend="italic">Cross-examined.</hi> He had gone before the three years were up, and the premises had been empty six months prior to his tenancy—I have known the premises as a coffee shop for the past 10 years, and the same business is being carried on there now.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-99" type="witnessName">
<interp inst="t19020310-name-99" type="gender" value="male"/>
<interp inst="t19020310-name-99" type="surname" value="PHEASANT"/>
<interp inst="t19020310-name-99" type="given" value="ERNEST WILLIAM"/>ERNEST WILLIAM PHEASANT</persName> </hi>
<hi rend="italic">repeated his former evidence and added</hi>:—John was my client, but I looked to David for my costs in the event of the action being unsuccessful—I advised David to be present at the trial, but I did not see him there—as far as I recollect, John was asked if he knew where his brother David was, and his answer was "No"—I did not hear him say he had not seen him for five weeks—when the settlement took place on April 29th, I saw both John and David—I gave John a cheque for the amount of his claim, and he gave me this receipt, which I saw him sign.</p>
<hi rend="italic">Cross-examined.</hi> I thought it advisable that David should be present at the County Court in view of the affidavit filed by Mrs. Penfold.</p>
<hi rend="italic">Re-examined.</hi> Mrs. Penfold's defence was, practically, that the bill had been obtained by fraud.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. MUIR</hi>. The Judge held that the defendants had not established their case.</p>
<xptr type="pageFacsimile" doc="190203100021"/>
<hi rend="smallCaps">
<persName id="t19020310-name-100" type="witnessName">
<interp inst="t19020310-name-100" type="gender" value="male"/>
<interp inst="t19020310-name-100" type="surname" value="EVEREST"/>
<interp inst="t19020310-name-100" type="given" value="JOHN"/>JOHN EVEREST</persName> </hi> and
<hi rend="smallCaps">JAMES MORLEY</hi>
<hi rend="italic">repeated their former evidence.</hi> </p>
<hi rend="smallCaps">THOMAS HENRY GURRIN</hi>
<hi rend="italic">repeated heir former evidence.</hi> (
<hi rend="italic">See page</hi> 357.)</p>
<hi rend="smallCaps">
<rs id="t19020310-246-verdict-1" type="verdictDescription">
<interp inst="t19020310-246-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-246-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t19020310-246-punishment-25" type="punishmentDescription">
<interp inst="t19020310-246-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-246-punishment-25" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-246-19020310 t19020310-246-punishment-25"/>One year's hard labour.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday, March</hi> 13
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Justice Grantham.</hi> </p>
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<interp inst="t19020310-247" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-247" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-247-charge-1" targOrder="Y" targets="def1-247-19020310 t19020310-247-offence-1 t19020310-247-verdict-1"/>
<persName id="def1-247-19020310" type="defendantName">
<interp inst="def1-247-19020310" type="gender" value="male"/>
<interp inst="def1-247-19020310" type="age" value="46"/>
<interp inst="def1-247-19020310" type="surname" value="FRANCIS"/>
<interp inst="def1-247-19020310" type="given" value="ARTHUR STOPFORD"/>
<hi rend="largeCaps">ARTHUR STOPFORD FRANCIS</hi> (46)</persName>,
<hi rend="smallCaps">
<rs id="t19020310-247-verdict-1" type="verdictDescription">
<interp inst="t19020310-247-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-247-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t19020310-247-offence-1" type="offenceDescription">
<interp inst="t19020310-247-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020310-247-offence-1" type="offenceSubcategory" value="fraud"/>that he, while being a trustee of £500, £2,500, and £3,500, under a marriage settlement for the benefit of
<persName id="t19020310-name-102" type="victimName">
<interp inst="t19020310-name-102" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-247-offence-1 t19020310-name-102"/>Constance, Countess of Orkney</persName> did unlawfully convert the same to his own use with intent to defraud.</rs> </p>
<hi rend="italic">
<rs id="t19020310-247-punishment-26" type="punishmentDescription">
<interp inst="t19020310-247-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-247-punishment-26" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-247-19020310 t19020310-247-punishment-26"/>Five years' penal servitude.</rs> </hi> </p> </div1>
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<interp inst="t19020310-248" type="date" value="19020310"/>
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<persName id="def1-248-19020310" type="defendantName">
<interp inst="def1-248-19020310" type="gender" value="male"/>
<interp inst="def1-248-19020310" type="surname" value="SMITH"/>
<interp inst="def1-248-19020310" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SMITH</hi> </persName>
<rs id="t19020310-248-offence-1" type="offenceDescription">
<interp inst="t19020310-248-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19020310-248-offence-1" type="offenceSubcategory" value="manslaughter"/>, for the manslaughter of
<persName id="t19020310-name-104" type="victimName">
<interp inst="t19020310-name-104" type="gender" value="male"/>
<interp inst="t19020310-name-104" type="surname" value="BARRETT"/>
<interp inst="t19020310-name-104" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-248-offence-1 t19020310-name-104"/>Henry Barrett</persName>.</rs> </p>
<hi rend="smallCaps">MR. MUIR</hi>
<hi rend="italic">prosecuted</hi>, and
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-105" type="witnessName">
<interp inst="t19020310-name-105" type="gender" value="male"/>
<interp inst="t19020310-name-105" type="surname" value="DUDGEON"/>
<interp inst="t19020310-name-105" type="given" value="ROBERT"/>ROBERT DUDGEON</persName> </hi>, B. M. I live at 1, Cadogan Terrace, Victoria Park—the deceased was brought to my surgery on February 13th, about 7.30 p.m.—he died about two minutes afterwards—I found some bruises on his face, which might have been inflicted with a fist, and his lip was split—I made a post-mortem examination afterwards, and found that all the injuries to his head, with one exception, were apparently caused by blows from a fist, and not likely to befatal with the exception of one 1 1/2 inches long and 1 inch broad, on one side of his head, apparently caused by a fall—there had been a rupture, but I did not find any blood there—the cause of death was compression of the brain.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-106" type="witnessName">
<interp inst="t19020310-name-106" type="gender" value="male"/>
<interp inst="t19020310-name-106" type="surname" value="MEARS"/>
<interp inst="t19020310-name-106" type="given" value="CHARLES"/>CHARLES MEARS</persName> </hi>. I am a porter employed at the Britannia Folding Box Factory, Old Ford—the prisoner and the deceased worked there—about 10.45 on February 13th, I saw them working—the deceased beckoned to me, and asked me what I thought "punter" meant—I said a man who backs horses—he said to the prisoner, "There you are"—the prisoner said, "You never said anything of the kind"—the deceased called the prisoner a liar—I went away, and looked round in a few minutes—I saw the prisoner hit the deceased, and the deceased hit him back—I rushed across to them, and I heard the deceased say he had had enough—the prisoner held out his hand, and said, "Shake hands, and we will say nothing about it"—the deceased said he would have him when, they got outside—they went to work then—at dinner time the deceased spoke to me, and at two o'clock I saw the prisoner outside the works—I heard him say to the deceased, "All right; at seven o'clock"—at seven o'clock all the hands ad
<lb/>journed to see the prisoner and the deceased fight—they went down two or three side streets—they pulled off their coats, and the prisoner suggested they should shake hands, which they did—they fought two or three rounds, when the deceased got a blow on his chin, and seemed to stagger—he fell to the ground, which was frozen hard—we helped him up, and took him towards the station to get him some brandy—I left him in the hands of some friends, and went home.</p>
<xptr type="pageFacsimile" doc="190203100022"/>
<hi rend="italic">Cross-examined.</hi> I have been working at this place about seven years—the prisoner has been there about seven months—when the discussion about a "punter" tookplace, I saw the deceased take hold of the prisoner and push him against the partition—that was after the blows had been exchanged—it was then that the prisoner said, "You had better shake hands and make it up, and say no more about it"—the deceased said, "I would not shake hands like that"—I did not hear him call the prisoner a b—at one o'clock the men go away for dinner, and at two o'clock the deceased said that the prisoner had gone away without waiting for him—when the prisoner came back at two o'clock, the de
<lb/>ceased asked him why had he not waited for him, and then said, "Seven o'clock," and the prisoner said, "All right, seven o'clock"—the prisoner did not relish fighting at all—the deceased was a little the taller—from first to last the prisoner was trying to avoid a fight.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-107" type="witnessName">
<interp inst="t19020310-name-107" type="gender" value="male"/>
<interp inst="t19020310-name-107" type="surname" value="SAWYER"/>
<interp inst="t19020310-name-107" type="given" value="PHILLIP"/>PHILLIP SAWYER</persName> </hi>. I am a time-keeper at the Britannia Box "Works, Old Ford—I saw part of the fight between the prisoner and the de
<lb/>ceased—it was a fair fight as far as I saw.</p>
<hi rend="italic">Cross-examined.</hi> When the men came back to work at two o'clock the deceased was waiting for the prisoner outside, and when the prisoner came up, the deceased said, "I will meet you to-night at seven o'clock and have this matter out"—the prisoner laughed at him, and said, "All right, when you like"—at one o'clock the men were going out to dinner and the deceased came down from his workroom and said to me, "Has Smith gone out"—I said, "Yes, he has gone out"—he said, "Why did not he wait for me"—I said, "I don't know"—he said to me, "I will punch his b----head, I will b----well kill him"—at two o'clock 1 heard him say to the prisoner, "Why did not you wait at one o'clock?"—the prisoner laughed at him—the deceased said, "Come at seven o'clock," and the prisoner said, "All right"—at seven o'clock they passed out in the usual manner—I should think the prisoner was trying to avoid a fight.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-108" type="witnessName">
<interp inst="t19020310-name-108" type="gender" value="male"/>
<interp inst="t19020310-name-108" type="surname" value="BROWN"/>
<interp inst="t19020310-name-108" type="given" value="WILLIAM"/>WILLIAM BROWN</persName> </hi> (
<hi rend="italic">Police-Sergeant.</hi>) At 8.15 a.m., on February 14th, I went with Inspector Mellish to arrest the prisoner—we took him to the station—on the way, when told the charge, he said, "Very good, I did not want to fight, he forced the fight on me; in the morning he nearly strangled me by getting hold of my throat; last night when we left off work, he blew through the tube and asked if I had gone, as he wanted to fight me; there were plenty there who saw it was a fair fight"—when he was charged he said, "I had better not make a statement now."</p>
<hi rend="italic">Cross-examined.</hi> I have made inquiries about the prisoner—for 12 years 'before his present employment he was in the employment of a Mr. Alright as a driver—I do not know if he was for some years at work on This own account—he bears the character of a peaceable man.</p>
<hi rend="italic">The prisoner's statement before the Magistrate.</hi> "I am very sorry any
<lb/>thing should have happened
<hi rend="italic">along</hi> of two young fellows like ourselves. He called me
<hi rend="italic">out of</hi> my name, and that was the cause of the fight. I—wanted to shake hands and he would not."</p>
<hi rend="smallCaps">
<rs id="t19020310-248-verdict-1" type="verdictDescription">
<interp inst="t19020310-248-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19020310-248-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<interp inst="t19020310-249" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-249" type="date" value="19020310"/>
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<persName id="def1-249-19020310" type="defendantName">
<interp inst="def1-249-19020310" type="gender" value="male"/>
<interp inst="def1-249-19020310" type="age" value="27"/>
<interp inst="def1-249-19020310" type="surname" value="MENDAY"/>
<interp inst="def1-249-19020310" type="given" value="ALEXANDER"/>
<hi rend="largeCaps">ALEXANDER MENDAY</hi> (27)</persName>
<rs id="t19020310-249-offence-1" type="offenceDescription">
<interp inst="t19020310-249-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19020310-249-offence-1" type="offenceSubcategory" value="manslaughter"/>, Manslaughter of
<persName id="t19020310-name-110" type="victimName">
<interp inst="t19020310-name-110" type="gender" value="male"/>
<interp inst="t19020310-name-110" type="surname" value="MCCALL"/>
<interp inst="t19020310-name-110" type="given" value="DUGALD"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-249-offence-1 t19020310-name-110"/>Dugald McCall</persName>.</rs> </p>
<hi rend="smallCaps">MR. WARBURTON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-111" type="witnessName">
<interp inst="t19020310-name-111" type="gender" value="male"/>
<interp inst="t19020310-name-111" type="surname" value="ANGLISS"/>
<interp inst="t19020310-name-111" type="given" value="FREDERICK"/>FREDERICK ANGLISS</persName> </hi>. I am a labourer, of 11, Deny Road, Edmonton—a few minutes after 5 p.m. on February 19th I—was in Telegraph Street, near Moorgate Street—I saw the prisoner and some other men come out of the Butler's Head—when they got outside, the prisoner and the deceased began fighting—the prisoner struck the first blow—after they had had several rounds the deceased said, "I am done; I will give in"—the prisoner went after him again—the deceased turned round and butted him in the stomach and threw him to the ground and fell on top of him—the deceased then got up and said again, "lam done; I will give in," and he walked off—he had gone about 15 yards when the prisoner overtook him and dealt him a terrific blow behind the right ear and knocked him down—the blow twisted him right over—he struck him from behind—when I raised the deceased's head, blood came from his nose and ears—the police were called—the prisoner did not do anything to help the deceased; he walked away—I think he was sober—the deceased was most assuredly sober—I followed the prisoner as he walked away and gave him into custody in a public house—both the men were strangers to me.</p>
<hi rend="italic">Cross-examined by the prisoner.</hi> You were thrown to the ground by the deceased butting you—I did not see him catch hold of you by the legs.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-112" type="witnessName">
<interp inst="t19020310-name-112" type="gender" value="male"/>
<interp inst="t19020310-name-112" type="surname" value="JONES"/>
<interp inst="t19020310-name-112" type="given" value="EDWARD"/>EDWARD JONES</persName> </hi>. I am a plasterer, and live at 48, Aden Park Road, Shepherd's Bush—on February 19th I was working in Copthall Avenue—the deceased was working on the same job—we left work at 5 p.m. and walked down together to the Butler's Head—we went into the bar, where we found the prisoner and two or three others—the deceased said to them that the language used in the house the previous night to the barmaid was something dreadful, and ought to be put a stop to—the prisoner and the others said, "Was it any of us?" and the deceased said "No," and the prisoner called him a b----Scotchman—the deceased walked out of the bar, and the prisoner struck at him—the deceased went out, and the prisoner followed—they had three rounds, and both fell to the ground—after the third round the deceased said twice, "I am done; I am finished"—he went three steps away when the prisoner hit him a cowardly blow behind the ear—the deceased did not butt the prisoner in the stomach—they did not hit one another after the three rounds—the prisoner fell to the ground, and lay on the kerb—the blow was from behind.</p>
<hi rend="italic">Cross-examined.</hi> You struck the blow first—the deceased did not butt you in the stomach.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-113" type="witnessName">
<interp inst="t19020310-name-113" type="gender" value="male"/>
<interp inst="t19020310-name-113" type="surname" value="SNEEZMAN"/>
<interp inst="t19020310-name-113" type="given" value="GEORGE"/>GEORGE SNEEZMAN</persName> </hi>. I am a clerk, and live at Ivy Lane, Brockley—the prisoner and the deceased were strangers to me—I am employed in Tokenhouse Yard, and my office overlooks Telegraph Street—on this afternoon I heard a noise in Telegraph Street—I saw the prisoner and the deceased fighting—they both fell down—the deceased said, "I am done; I have had enough"—he attempted to walk away—several men there urged the prisoner to go for him again—the prisoner rushed at him again—as the prisoner was going to strike him, he put his head down and butted him, and they both fell together—they both got up, the deceased</p>
<xptr type="pageFacsimile" doc="190203100024"/>
<p>uppermost—he walked away about five or six yards—the prisoner went after him, and from behind dealt him a terrific blow behind the right ear—the blow was quite audible in our office—he fell directly, and his head struck the kerb.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-114" type="witnessName">
<interp inst="t19020310-name-114" type="gender" value="male"/>
<interp inst="t19020310-name-114" type="surname" value="BLOOMFIELD"/>
<interp inst="t19020310-name-114" type="given" value="JOHN JAMES"/>JOHN JAMES BLOOMFIELD</persName> </hi>
<hi rend="italic">the elder.</hi> I am a wire worker, of 6, Acton Street, Gray's Inn Road—I know the prisoner well—on February 19th I met him in the Butler's Head, about 3.40 p.m.—the deceased came in, and said something about the barmaid having been insulted the previous night—he said: "It is a shame these men should be allowed in the bar where a barmaid was insulted"—the landlord came in, and the deceased said to him, "You ought to have cleared the men out"—the landlord said, "Mind your own business; it is nothing to do with you. I am quite qualified to look after my business. If you don't look out I shall clear you out"—the deceased went out—then the prisoner went out a few seconds afterwards—I was not one of the men who said, "Let him have it"—I went out after the prisoner, and I saw the deceased going to take his coat off—I said, "My good fellow, don't you fight; take my advice, and go home"—he said, "I can look after myself"—I did not hear what led up to the fight—I took it that there was something about the barmaid—I do not know who struck the first blow—I did not hear the deceased say anything then, I was twelve or fourteen yards away—there did not seem to be people between me and the men fighting—both men fell down—I did not see them walk away—I did not see the blow behind the ear—the last I saw was the deceased getting up.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-115" type="witnessName">
<interp inst="t19020310-name-115" type="gender" value="male"/>
<interp inst="t19020310-name-115" type="surname" value="BLOOMFIELD"/>
<interp inst="t19020310-name-115" type="given" value="JOHN JAMES"/>JOHN JAMES BLOOMFIELD</persName> </hi>
<hi rend="italic">the younger.</hi> I am a wire worker, of 6, Acton Street, Gray's Inn Road—on February 19th, I was in the Butler's Head, about 5 o'clock, with my father—I saw the prisoner and the deceased arguing over something—as the deceased went out, he said, "Come out, I am ready for you"—I saw one round outside, and then my father called me away.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-116" type="witnessName">
<interp inst="t19020310-name-116" type="gender" value="male"/>
<interp inst="t19020310-name-116" type="surname" value="HADDER"/>
<interp inst="t19020310-name-116" type="given" value="WILLIAM"/>WILLIAM HADDER</persName> </hi> (449
<hi rend="italic">City.</hi>) On February 19th, shortly after 5 p.m., I was in Moorgate Street—I heard a police whistle in Telegraph Street—I went there, and found the deceased lying on the ground, about twenty-five to thirty yards from the Butler's Head public house—his head was close to the kerb, and he was bleeding from the right ear and his nose—I took him on an ambulance to St. Bartholomew's Hospital—about 10 p.m. the same evening I saw the deceased detained at the station—I charged him with a violent assault—I did not arrest him—he was perfectly sober when I saw him.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-117" type="witnessName">
<interp inst="t19020310-name-117" type="gender" value="male"/>
<interp inst="t19020310-name-117" type="surname" value="WORTHINGTON"/>
<interp inst="t19020310-name-117" type="given" value="RICHARD"/>RICHARD WORTHINGTON</persName> </hi>. I am house surgeon at St. Bartholomew's Hospital—on February 19th, about 6 p.m., I saw the deceased—he was in an ambulance, and was quite unconscious—there was a large swelling behind his right ear, due to blood under the skin—he was bleeding from his right ear, and he had dry blood on his nose, as if in had been bleeding—he was evidently suffering from compression of the brain—he was admitted into the hospital, and during the evening he was trepanned to see if the pressure could be relieved—we could not find any fracture to the skull before the autopsy, which we made next morning, and found that death was due to pressure on the brain—a blow may have caused the fall, but I am of opinion that the fracture of the skull was due to his fall on the kerb—the swelling behind the ear may have been caused by the blow.</p>
<xptr type="pageFacsimile" doc="190203100025"/>
<hi rend="italic">Cross-examined.</hi> During the night the deceased vomited once, and the vomit smelled of whisky.</p>
<hi rend="italic">The prisoner in his defence, on oath, said, that he fought with the deceased because he said he had used bad language to the barmaid the previous night; that during the fight the deceased fell and struck his head on the kerb; that he was quite a stranger to him; that he did not want to fight, but that the deceased made him; that he did not want to hurt the man, and that he did not strike him behind the right ear from behind.</hi> </p>
<rs id="t19020310-249-verdict-1" type="verdictDescription">
<interp inst="t19020310-249-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-249-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.
<hi rend="italic">Recommended to mercy by the jury.</hi> </rs>
<hi rend="italic"> He had been convicted in</hi> 1897
<hi rend="italic">of unlawfully wounding a woman.
<rs id="t19020310-249-punishment-27" type="punishmentDescription">
<interp inst="t19020310-249-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-249-punishment-27" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-249-19020310 t19020310-249-punishment-27"/>Six months' hard labour.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Thursday, March</hi> 13
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<interp inst="t19020310-250" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-250-charge-1" targOrder="Y" targets="def1-250-19020310 t19020310-250-offence-1 t19020310-250-verdict-1"/>
<join result="criminalCharge" id="t19020310-250-charge-2" targOrder="Y" targets="def2-250-19020310 t19020310-250-offence-1 t19020310-250-verdict-1"/>
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<join result="criminalCharge" id="t19020310-250-charge-4" targOrder="Y" targets="def4-250-19020310 t19020310-250-offence-1 t19020310-250-verdict-2"/>
<persName id="def1-250-19020310" type="defendantName">
<interp inst="def1-250-19020310" type="gender" value="male"/>
<interp inst="def1-250-19020310" type="age" value="27"/>
<interp inst="def1-250-19020310" type="surname" value="WOODLEY"/>
<interp inst="def1-250-19020310" type="given" value="WILLIAM JOSEPH"/>
<hi rend="largeCaps">WILLIAM JOSEPH WOODLEY</hi> (27)</persName>,
<persName id="def2-250-19020310" type="defendantName">
<interp inst="def2-250-19020310" type="gender" value="male"/>
<interp inst="def2-250-19020310" type="age" value="21"/>
<interp inst="def2-250-19020310" type="surname" value="HOLLINGSWORTH"/>
<interp inst="def2-250-19020310" type="given" value="CHARLES WILLIAM"/>
<hi rend="largeCaps">CHARLES WIL
<lb/>LIAM HOLLINGSWORTH</hi> (21)</persName>,
<persName id="def3-250-19020310" type="defendantName">
<interp inst="def3-250-19020310" type="gender" value="male"/>
<interp inst="def3-250-19020310" type="age" value="32"/>
<interp inst="def3-250-19020310" type="surname" value="GREEN"/>
<interp inst="def3-250-19020310" type="given" value="LIONEL"/>
<hi rend="largeCaps">LIONEL GREEN</hi> (32)</persName>, and
<persName id="def4-250-19020310" type="defendantName">
<interp inst="def4-250-19020310" type="gender" value="male"/>
<interp inst="def4-250-19020310" type="age" value="37"/>
<interp inst="def4-250-19020310" type="surname" value="SUKERMAN"/>
<interp inst="def4-250-19020310" type="given" value="LEON"/>
<hi rend="largeCaps">LEON SUKERMAN</hi> (37)</persName>
<rs id="t19020310-250-offence-1" type="offenceDescription">
<interp inst="t19020310-250-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020310-250-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing three diamond rings, two diamond and opal rings and other articles, the property of the
<persName id="t19020310-name-122" type="victimName">
<interp inst="t19020310-name-122" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-250-offence-1 t19020310-name-122"/>Gordon Hotels Company</persName>, Woodley having been convicted at this Court on October 25th, 1897.</rs> </p>
<rs id="t19020310-250-verdict-1" type="verdictDescription">
<interp inst="t19020310-250-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-250-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="largeCaps">WOODLEY</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">HOLLINGSWORTH</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to the stealing</hi> </rs>
<hi rend="italic"> and</hi>
<rs id="t19020310-250-verdict-3" type="verdictDescription">
<interp inst="t19020310-250-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-250-verdict-3" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="largeCaps">GREEN</hi>
<hi rend="italic">to receiving one ring.</hi> </rs> </p>
<hi rend="smallCaps">MR. HUTTON</hi>,
<hi rend="italic">for the prosecution, offered no evidence against</hi>
<hi rend="largeCaps">SUKERMAN</hi>.</p>
<hi rend="smallCaps">
<rs id="t19020310-250-verdict-2" type="verdictDescription">
<interp inst="t19020310-250-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19020310-250-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.
<hi rend="largeCaps">WOODLEY</hi>**.
<hi rend="italic">and</hi>
<hi rend="largeCaps">GREEN</hi>
<hi rend="italic">
<rs id="t19020310-250-punishment-28" type="punishmentDescription">
<interp inst="t19020310-250-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-250-punishment-28" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-250-19020310 t19020310-250-punishment-28"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-250-19020310 t19020310-250-punishment-28"/>Twelve months' hard labour each</rs> </hi>;
<hi rend="largeCaps">HOLLINGSWORTH</hi>
<hi rend="italic">
<rs id="t19020310-250-punishment-29" type="punishmentDescription">
<interp inst="t19020310-250-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-250-punishment-29" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-250-19020310 t19020310-250-punishment-29"/>Nine months' hard labour.</rs> </hi> </p>
<hi rend="italic">For the case of Emmerson Mathews, tried on this day, see Surrey cases.</hi> </p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Thursday, March</hi> 13
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Common Sergeant.</hi> </p>
<div1 type="trialAccount" id="t19020310-251">
<interp inst="t19020310-251" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-251" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-251-charge-1" targOrder="Y" targets="def1-251-19020310 t19020310-251-offence-1 t19020310-251-verdict-1"/>
<persName id="def1-251-19020310" type="defendantName">
<interp inst="def1-251-19020310" type="gender" value="male"/>
<interp inst="def1-251-19020310" type="surname" value="IVES"/>
<interp inst="def1-251-19020310" type="given" value="CHESTER"/>
<hi rend="largeCaps">CHESTER IVES</hi> </persName>,
<rs id="t19020310-251-offence-1" type="offenceDescription">
<interp inst="t19020310-251-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020310-251-offence-1" type="offenceSubcategory" value="fraud"/>Unlawfully obtaining by false pretences from
<persName id="t19020310-name-124" type="victimName">
<interp inst="t19020310-name-124" type="gender" value="male"/>
<interp inst="t19020310-name-124" type="surname" value="DAVENPORT"/>
<interp inst="t19020310-name-124" type="given" value="WILLIAM SHARRINGTON"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-251-offence-1 t19020310-name-124"/>William Sharrington Davenport</persName> and others, 5s. 6d. and 6s. and six penny stamps, with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. MUIR</hi>
<hi rend="italic">for the prosecution, offered no evidence.</hi> </p>
<hi rend="smallCaps">
<rs id="t19020310-251-verdict-1" type="verdictDescription">
<interp inst="t19020310-251-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19020310-251-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t19020310-252">
<interp inst="t19020310-252" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-252" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-252-charge-1" targOrder="Y" targets="def1-252-19020310 t19020310-252-offence-1 t19020310-252-verdict-1"/>
<join result="criminalCharge" id="t19020310-252-charge-2" targOrder="Y" targets="def2-252-19020310 t19020310-252-offence-1 t19020310-252-verdict-1"/>
<persName id="def1-252-19020310" type="defendantName">
<interp inst="def1-252-19020310" type="gender" value="male"/>
<interp inst="def1-252-19020310" type="age" value="21"/>
<interp inst="def1-252-19020310" type="surname" value="MURRAY"/>
<interp inst="def1-252-19020310" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM MURRAY</hi> (21)</persName>, and
<persName id="def2-252-19020310" type="defendantName">
<interp inst="def2-252-19020310" type="gender" value="male"/>
<interp inst="def2-252-19020310" type="age" value="26"/>
<interp inst="def2-252-19020310" type="surname" value="AVEY"/>
<interp inst="def2-252-19020310" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE AVEY</hi> (26)</persName>
<rs id="t19020310-252-offence-1" type="offenceDescription">
<interp inst="t19020310-252-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19020310-252-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Steal
<lb/>ing eleven chests and four half-chests of tea, the property of
<persName id="t19020310-name-127" type="victimName">
<interp inst="t19020310-name-127" type="gender" value="male"/>
<interp inst="t19020310-name-127" type="surname" value="DONALDSON"/>
<interp inst="t19020310-name-127" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-252-offence-1 t19020310-name-127"/>William Donaldson</persName>.</rs> </p>
<hi rend="smallCaps">MR. A. GILL</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. CAMPBELL</hi>
<hi rend="italic">prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-128" type="witnessName">
<interp inst="t19020310-name-128" type="gender" value="male"/>
<interp inst="t19020310-name-128" type="surname" value="KEITH"/>
<interp inst="t19020310-name-128" type="given" value="THOMAS"/>THOMAS KEITH</persName> </hi>. I am employed by William Donaldson, a master carman, of Crutched Friars—I am in custody on another charge—on February 5th, I was driving a van of Mr. Donaldson's along Great Prescott Street, containing eleven chests and four half chests of tea—in Mansell Street, in consequence of a woman speaking to me, I examined my van—the tailboard was let down, and a whole case of tea was missing—I ran up Great Prescott Street, and saw a light van draw from a gateway—the prisoner Avey was driving—I pulled the flaps apart and saw my chest of tea—I caught hold of the pony's head—Avey</p>
<xptr type="pageFacsimile" doc="190203100026"/>
<p>threw the chest of tea into the road, and said, "Now you have got your chest of tea; now go"—he jumped down and pushed me away—another man came up and struck me, and Avey jumped up in the van and drove off—I went back to where my van was standing, but it was gone—I am certain Avey had no black eye—I communicated with the police—about four days afterwards I was sent for from the station, and picked out Avey from a number of men—I am sure he is the man.</p>
<hi rend="italic">Cross-examined by Avey.</hi> The light van was about 90 yards off my van—I was away from my van ten minutes or a quarter of an hour—a woman I had left in charge of it had gone—when I identified you, you said, "Did I have this black eye"—I recognised your voice.</p>
<hi rend="italic">Re-examined.</hi> I picked Avey out, and five minutes afterwards I heard him speak.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-129" type="witnessName">
<interp inst="t19020310-name-129" type="gender" value="male"/>
<interp inst="t19020310-name-129" type="surname" value="WEBSTER"/>
<interp inst="t19020310-name-129" type="given" value="EDWARD"/>EDWARD WEBSTER</persName> </hi>. I am a gatekeeper, employed by the London and North-Western Railway in Mansell Street, at the entrance to the goods station—on February 5th I was on duty at 4.55 p.m., and my attention was drawn to three men sitting in front of a light pony van going down Mansell Street towards Great Prescott Street—there was a stoppage in the traffic, as the road is narrow—Avey was driving; Murray was sitting by his side; and a man not in custody by the side of him, all sitting in front—the van was about 70 yards from Great Prescott Street—Murray and the other man got out opposite my gate, and walked to the corner of Great Prescott Street, and Avey drove the van in the same direction—it stopped a minute or two in Mansell Street before it turned into Great Prescott Street, when I lost sight of them—I went into a little shop and saw Murray coming towards me from Prescott Street—I purchased a pennyworth of tea, and I saw him jump on to Donaldson's van—the horses' heads were towards me, and I saw the name of Donaldson on the front of the van—it was loaded with chests of tea—no one was attending it—Murray turned the horse round and drove towards Chamber Street at a rapid pace—he was about 40 yards from the corner—I had seen Donaldson's van draw up at the corner of Swan Street, and the driver, Keith, jump off his van and go in the opposite direction towards Great Prescott Street—about 10 minutes after that I saw the three men in the light van—I could not leave my post, so I sent for the police immediately and gave them a full description of the men—I saw Keith come back with a chest of tea—on February 10th I was sent for to Leman Street Police Station, and immediately identified Murray from 12 or 13 men, as the man who drove Donaldson's van a different way—on February 13th I identified Avey as the man driving the pony van—I have not the slightest doubt.</p>
<hi rend="italic">Cross-examined by Murray.</hi> I bought my tea at a little shop at the corner of Sloane Street—in the shop I was about six or seven yards from the van—I was looking out at the window.</p>
<hi rend="italic">Cross-examined by Avey.</hi> The three men were coming from Aldgate Street towards me, and passed my gate in Mansell Street.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-130" type="witnessName">
<interp inst="t19020310-name-130" type="gender" value="male"/>
<interp inst="t19020310-name-130" type="surname" value="DONALDSON"/>
<interp inst="t19020310-name-130" type="given" value="WILLIAM"/>WILLIAM DONALDSON</persName> </hi>. I am a carman, of Crutched Friars—Keith was in my employment—the value of the van-load of tea we lost on February 7th was £97—we have recovered some.</p>
<xptr type="pageFacsimile" doc="190203100027"/>
<hi rend="smallCaps">
<persName id="t19020310-name-131" type="witnessName">
<interp inst="t19020310-name-131" type="gender" value="male"/>
<interp inst="t19020310-name-131" type="surname" value="POTTER"/>
<interp inst="t19020310-name-131" type="given" value="HENRY"/>HENRY POTTER</persName> </hi> (302
<hi rend="italic">H.</hi>) I found Donaldson's horse and van, on February 5th, about 7.45 p.m., in Oxford Street, Mile End, drawn up between two street lamps—the name in front of the van was covered over with a loin cloth—there was only tea-dust in the bottom of the van.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-132" type="witnessName">
<interp inst="t19020310-name-132" type="gender" value="male"/>
<interp inst="t19020310-name-132" type="surname" value="GILL"/>
<interp inst="t19020310-name-132" type="given" value="JOHN"/>JOHN GILL</persName> </hi> (
<hi rend="italic">Police Sergeant H.</hi>) I arrested Murray on February 9th—I told him I was going to take him into custody, on suspicion of being; concerned, with three others, in stealing a horse and van, eleven chests of tea, and four half chests, in Great Prescott Street and Mansell Street, on February 5th, about 5 p.m.—he said, "Have you got anyone to identify me?"—I said, "Yes, if you are one of the men"—he replied, "All right"—on the way to the station he said, "I haven't had any work since the last affair"—on February 10th he was identified from a number of others by Webster—he said to Webster, "Are you sure it was me?"—Webster replied, "I am sure it was you"—Murray said, "If I prove where I was at work, will you swear it was me 1"—Webster replied, "Yes, I am quite sure"—Murray said, "I can prove I was not in the job"—on. February 13th Avey was charged—when he was identified by Keith, he said, "Was I dressed the same as lam now?"—Keith replied, "I believe you was, but you had a collar and tie on, with a muffler over it"—he then assumed a threatening attitude towards the witness, and said, "Did I have this black eye?"—questions were put to Webster as to the black eye and he said he did not notice it.</p>
<hi rend="italic">Cross-examined by Avey.</hi> We are looking for the third man—you came to the station and asked why the police had been to your house—I found you there.</p>
<hi rend="italic">Re-examined.</hi> I had been looking for him since the robbery.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-133" type="witnessName">
<interp inst="t19020310-name-133" type="gender" value="male"/>
<interp inst="t19020310-name-133" type="surname" value="SMITH"/>
<interp inst="t19020310-name-133" type="given" value="CHARLEY"/>CHARLEY SMITH</persName> </hi> (
<hi rend="italic">Policeman H.</hi>) I was with Sergeant Gill when he arrested Murray on February 9th, at 9 a.m. in bed—Gill told him that he should arrest him on suspicion, for being concerned with two others, in stealing a horse and van containing eleven chests and four half-chests of tea, at Mansell Street and Great Prescott Street, on February 5th—he said, "Have you got anyone to identify me"—Gill said, "Yes"—he said, "All right"—on the way to the station, he said, "I have not had any work since the last affair, I can prove I was not in the job"—he was placed with nine others at the station, and identified by Webster—he said, "Are you sure it is me?"—Webster said, "I am quite sure it is you"—on February 13th Avey was charged about 9.30, and said, "I am sure I did not leave off work at four o'clock, it was either five or six o'clock; I remember the day quite well, but I do not want anyone to go to where I worked until after I am identified"—we were alone—I had seen the prisoners together on January 16th, about 10.30 a.m.</p>
<hi rend="italic">Cross-examined by Murray.</hi> I never caught you thieving—I saw you and Avey walking towards Cable Street together.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-134" type="witnessName">
<interp inst="t19020310-name-134" type="gender" value="male"/>
<interp inst="t19020310-name-134" type="surname" value="SIMMONDS"/>
<interp inst="t19020310-name-134" type="given" value="JOHN"/>JOHN SIMMONDS</persName> </hi>. I live at 35, Bank Street—I am foreman of the Victoria Wharf, Limehouse—the prisoner Avey sometimes worked there—I produce the time-book which I keep—he is paid sixpence per hour—on February 5th he worked from 6 a.m. till 4 p.m., with one hour off for dinner.</p>
<hi rend="italic">Cross-examined by Avey.</hi> You have always done my work all right—you had a black eye on the morning of the 6th.</p>
<xptr type="pageFacsimile" doc="190203100028"/>
<hi rend="smallCaps">
<persName id="t19020310-name-135" type="witnessName">
<interp inst="t19020310-name-135" type="gender" value="female"/>
<interp inst="t19020310-name-135" type="surname" value="GINBURG"/>
<interp inst="t19020310-name-135" type="given" value="ROSE"/>ROSE GINBURG</persName> </hi>. I live at 35, Langdale Street—I am a barmaid at the Sir John Falstaff public house, Windmill Street, King's Road—there was a wedding party there on the night of February 5th—Avey came in between 7 and 7.30, and remained till 11 p.m., when he had a quarrel with a man—they both got black eyes.</p>
<hi rend="italic">Cross-examined by Avey.</hi> You had a short coat, no overcoat, no collar or tie, but a blue handkerchief round your neck—your
<hi rend="italic">missis</hi> came, and you went away together.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-136" type="witnessName">
<interp inst="t19020310-name-136" type="gender" value="male"/>
<interp inst="t19020310-name-136" type="surname" value="WENSLEY"/>
<interp inst="t19020310-name-136" type="given" value="FREDERICK"/>FREDERICK WENSLEY</persName> </hi> (
<hi rend="italic">Police Sergeant H.</hi>) On February 13th Avey came to the station, about 9 a.m., and said, "My sister Sarah tells me that Mr. Gill and Mr. Smith have been to my house this morning, I have come to see what it is for"—I said, "Two police officers have been to your house this morning for the purpose of arresting you for being concerned with Murray and another man in stealing a van-load of tea in Mansell Street, on Wednesday 5th"—he said, "I told my
<hi rend="italic">missis</hi> I expected that that was what it was for; the
<hi rend="italic">Sun</hi> man came to my house and told me Murray was locked up"—a reporter I suppose he meant—I told him I knew it—he said, "I can prove I was at work on that day at the Victoria Wharf, Limehouse; I left off work at five or six in the evening, and was paid 5s. 9d.; I was there in my own name, and I have been there this morning, but could not get on; I do not want you to go to the place till I am identified"—about 10 the same morning he was placed with nine others of similar build and dress—he was asked by Inspector Divall if he was satisfied, and he replied, "Yes"—Webster and Keith then came in and identified him without hesitation—Avey said, "They have been told to do this; I want you to go to Mr. Sim
<lb/>monds, and he will tell you that I was at work on this day"—after an interview with Simmonds, I told Avey I had seen Simmonds, who had showed me the day book, showing that he had left off work at four o'clock on that day, and that he came to work on Thursday or Friday with a black eye—Avey said, "Yes, I got it on Wednesday night, after having a fight"—at Avey's request, I took down this statement, which he signed: "George Avey, aged 26, labourer, 13, Havering Street, Commercial Road, E., says: I am not sure whether it was 4 p.m. or 5 p.m. when I left off work on Wednesday 5th inst., but I went straight home. I lit the fire, and sent my daughter, Katherine, to the butcher's for some meat; my
<hi rend="italic">missis</hi> came home and saw me with my boots cleaned; she asked me where I was going; I said I believed I was going to the Paragon; I said 'If you like, you can come with me'; she said, 'Can you afford it?'; I said, 'If you can give me your odd 4d. I might be able to go'; she said she did not think she could afford it; I said, 'I shall alter my mind, and go round to
<hi rend="italic">Abbes</hi> and see how the wedding party is going on, and you had better come later on; I then went to this place, the Sir John Falstaff beer-house, Langdale Street, arriving there between 6 and 7 p.m. and met Mike, Murphy and Natty Bensuson in the tap-room; I asked Mike if he had been at work; he replied, 'I have been ill for two days and could not go'; I treated him and his mate to a drink; and had one myself—I was not wearing a collar and tie on the night in question—I stayed in the public house till about 10 p.m., and left the house with my
<hi rend="italic">missis.</hi>"</p>
<hi rend="italic">Cross-examined by Avey.</hi> I did not go to Peter O'Brien's house—another detective went to arrest him and he is still wanted—the police</p>
<xptr type="pageFacsimile" doc="190203100029"/>
<p>have been told many places where he may be found but have been unable to find him, or he would be with you here.</p>
<hi rend="italic">Re-examined.</hi> I have seen the prisoners and O'Brien together—Avey and O'Brien have been constant companions—I have seen Murray with them at a recent date.</p>
<hi rend="italic">Murray, in his defence, stated on oath that he was not near the robbery, but was miles away at the West End, and witnesses who were with him, that night had promised to come and give evidence for him, but they did not answer.</hi> </p>
<hi rend="italic">Avey, in his defence, said that he was at work that day and was not at the robbery; and called</hi>:—</p>
<hi rend="smallCaps">
<persName id="t19020310-name-137" type="witnessName">
<interp inst="t19020310-name-137" type="gender" value="female"/>
<interp inst="t19020310-name-137" type="surname" value="GREENHILL"/>
<interp inst="t19020310-name-137" type="given" value="HESTER"/>HESTER GREENHILL</persName> </hi>. I live at 15, James Place, Davenport Street, the Cable Street, and near Liverpool Street—I am single—I lived with
<hi rend="italic">Avey</hi> and looked after his two children, aged nine and seven, at 13, Havering Street, up to the time of his arrest—on the night of the robbery, February 5th, I came home about 4.50—Avey was cleaning his boots, and I asked him what he was cleaning his boots for—he said "I am going to take you to the Paragon "; that is the play house—I said I did not want to go, as I had been washing, so he said he would go down to the little public-house, the Falstaff, at the corner of Langdale Street—he did not go out' till 6.45 to the Falstaff; because he stopped to have his tea, and he waited there till I went to him, and we stayed till 11 o'clock, when he, and another man, had a fight, and then the beer-house was going to shut.</p>
<hi rend="italic">Cross-examined.</hi> The landlady opened the door to him about 4.40, and he opened it to me 10 minutes after—I saw Murray in the beer shop a decent while ago with Avey—I am out all day washing, and did not hear of Murray's arrest till Avey told me in the evening or the next day—then the detectives came and looked under the bed and out at the back window, and asked the landlady if there was any back way for Avey to get out at—then Avey went to Lime Street and asked what they wanted him for—the detective told me that he was on suspicion, but not about the robbery—I know it now—I knew it first when I went to see him at Holloway within a week of his arrest—I know he was at work on the Tuesday and Wednesday, because I gave the landlady 5s. 6d., and his little cousin who keeps the beer shop was married on February 5th, and he went there and got a black eye, which he had not when he came home about 5 p.m.—if he said that he had got the black eye at the time of the robbery it would not be true—I was outside the police court waiting to be a witness—the landlady was called, but was not there to answer.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-138" type="witnessName">
<interp inst="t19020310-name-138" type="gender" value="female"/>
<interp inst="t19020310-name-138" type="surname" value="KLYNE"/>
<interp inst="t19020310-name-138" type="given" value="HESTER"/>HESTER KLYNE</persName> </hi>. I live at 15, James Street—I opened the door to Avey about 4.40 p.m. on February 5th—on that day I received Is. from his little girl—I know the time, because I serve the tea at 4.30—it was a good while after when he left the house, because I heard him go to the back—I am sure he was at home at 5 p.m.</p>
<hi rend="italic">Cross-examined.</hi> Avey as a rule came home about five, but I do not trouble to watch when lodgers go in and out—Mansell Street is about twenty minutes walk from Havering Street.</p>
<hi rend="smallCaps">
<rs id="t19020310-252-verdict-1" type="verdictDescription">
<interp inst="t19020310-252-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-252-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="largeCaps">AVEY</hi>
<hi rend="italic">then</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of felony at Clerkenwell on June</hi> 23
<hi rend="italic">rd</hi>, 1898.
<hi rend="italic">Four other convictions were proved</hi> </p>
<xptr type="pageFacsimile" doc="190203100030"/>
<hi rend="italic">against him, and he was stated to be an associate of thieves.
<rs id="t19020310-252-punishment-30" type="punishmentDescription">
<interp inst="t19020310-252-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-252-punishment-30" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-252-19020310 t19020310-252-punishment-30"/>Five years' penal servitude.</rs> </hi>
<hi rend="largeCaps">MURRAY</hi>
<hi rend="italic">
<rs id="t19020310-252-punishment-31" type="punishmentDescription">
<interp inst="t19020310-252-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-252-punishment-31" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-252-19020310 t19020310-252-punishment-31"/>Twelve months' hard labour.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Friday, March</hi> 14
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Justice Grantham.</hi> </p>
<div1 type="trialAccount" id="t19020310-253">
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<interp inst="t19020310-253" type="date" value="19020310"/>
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<persName id="def1-253-19020310" type="defendantName">
<interp inst="def1-253-19020310" type="gender" value="male"/>
<interp inst="def1-253-19020310" type="age" value="47"/>
<interp inst="def1-253-19020310" type="surname" value="RUSSELL"/>
<interp inst="def1-253-19020310" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY RUSSELL</hi> (47)</persName>, and
<persName id="def2-253-19020310" type="defendantName">
<interp inst="def2-253-19020310" type="gender" value="female"/>
<interp inst="def2-253-19020310" type="age" value="34"/>
<interp inst="def2-253-19020310" type="surname" value="RUSSELL"/>
<interp inst="def2-253-19020310" type="given" value="ANNIE"/>
<hi rend="largeCaps">ANNIE RUSSELL</hi> (34)</persName>
<rs id="t19020310-253-offence-1" type="offenceDescription">
<interp inst="t19020310-253-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19020310-253-offence-1" type="offenceSubcategory" value="other"/>, having the care and custody of
<persName id="t19020310-name-141" type="victimName">
<interp inst="t19020310-name-141" type="gender" value="female"/>
<interp inst="t19020310-name-141" type="surname" value="RENDALL"/>
<interp inst="t19020310-name-141" type="given" value="BEATRICE"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-253-offence-1 t19020310-name-141"/>Beatrice Rendall</persName>, a girl under the age of 18, did wilfully neglect her in a manner likely to cause her unnecessary suffering and injury to her health.</rs> </p>
<hi rend="smallCaps">MR. HUTTON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-142" type="witnessName">
<interp inst="t19020310-name-142" type="gender" value="female"/>
<interp inst="t19020310-name-142" type="surname" value="THURLBORN"/>
<interp inst="t19020310-name-142" type="given" value="ALICE"/>ALICE THURLBORN</persName> </hi>. I live at 6, Shamrock Passage, Cambridge—I have known the female prisoner for seven years—I took charge of her child for her about seven years ago, it was then six or seven months old—the prisoner was then living in London, I believe she was a cook—she found the clothing for the child, and I fed it and kept it—on October 24th I went to the Relieving officer at Cambridge, because the prisoner got so terribly in my debt—she owed me £2 11s., and I could not afford to keep the child, which was then in perfectly good health, and had been attending school up to October 23rd—I communicated with the prisoner that I was going to give the child up—I have not seen it since October 24th.</p>
<hi rend="italic">Cross-examined by the female prisoner.</hi> The child had its bath every week and a change of clean clothing.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-143" type="witnessName">
<interp inst="t19020310-name-143" type="gender" value="female"/>
<interp inst="t19020310-name-143" type="surname" value="WALKER"/>
<interp inst="t19020310-name-143" type="given" value="EMMA"/>EMMA WALKER</persName> </hi>. I am the wife of George Walker, Relieving officer at Cambridge—on October 24th I received the child Beatrice Rendall from the last witness—it was a nice, healthy, clean child, seven years old—I brought it to London that day and handed it over to the female prisoner.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-144" type="witnessName">
<interp inst="t19020310-name-144" type="gender" value="female"/>
<interp inst="t19020310-name-144" type="surname" value="SAUNDERS"/>
<interp inst="t19020310-name-144" type="given" value="ANNIE"/>ANNIE SAUNDERS</persName> </hi>. I am the wife of Arthur Saunders, a handy man in the decorating line, and live at 14, Redcar Street—the prisoners have lived next door to me—I have known the male prisoner for two years—he married the female prisoner nine months ago, and they both lived next door to me—he is a carpenter—he was a widower with two boys—I saw the little girl Beatrice on Saturday, October 26th, in a shed about 8.30 or 9 a.m., she was a very healthy looking child—I saw her again about the middle of November, she looked as if she was being kept down, but healthy—I next saw her on February 11th when I went with the Officer,—I had never seen her playing about outside or coming out of the house at all—on February 11th the man next door knocked at my door and I saw Inspector Welby in the prisoners' house—I saw the child behind the parlour door, and her state nearly sent me into hysterics—she looked a skeleton—the officer was supporting her with one hand, and he held up her chemise with the other—I saw a bed on the floor—I did not examine it—it looked like a parcel of black rags.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-145" type="witnessName">
<interp inst="t19020310-name-145" type="gender" value="female"/>
<interp inst="t19020310-name-145" type="surname" value="DUKE"/>
<interp inst="t19020310-name-145" type="given" value="HARRIETT"/>HARRIETT DUKE</persName> </hi>. I am the wife of William Duke, a carpenter, of 15, Redcar Street—I have known the male prisoner about 15 years—I remember when he married the female prisoner—she was a stranger to me—I remember Beatrice coming about October—she was very clean then and in good condition—I live upstairs in the same house as the prisoners—I noticed that the child got very thin during the next three or four months—I never saw her running about the house, and she never</p>
<xptr type="pageFacsimile" doc="190203100031"/>
<p>went out—I saw her three times in four months—she never made any complaint—the mother was a stranger to me, and I never spoke to her—I saw the child on February 11th when the Inspector came—she looked very thin and very dirty.</p>
<hi rend="italic">Cross-examined by the female prisoner.</hi> I do not know that my little niece took your child out three times.</p>
<hi rend="italic">Cross-examined by the male prisoner.</hi> You and your first wife were very great friends, but you cannot get on with this one—I speak very highly of you.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I do not know what time he went to work—he came home about five—during the last three months he has been out of work because he was ill.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-146" type="witnessName">
<interp inst="t19020310-name-146" type="gender" value="male"/>
<interp inst="t19020310-name-146" type="surname" value="WELBY"/>
<interp inst="t19020310-name-146" type="given" value="JAMES"/>JAMES WELBY</persName> </hi> (
<hi rend="italic">Inspector N.S.P.C.C.</hi>) On February 11th I went to 15, Redcar Street—the female prisoner opened the door—I said, "I have come to see a little girl who is said to have been here four months and who has not attended school, is she here now?"—she said, "Yes," and took me towards the parlour door—I followed her, and behind the door I saw what appeared to be a human form covered over and lying down on the floor—I said, "Is this the child?"—she said, "Yes"—I said, "Is she awake?"—she said, "Yes"—I said, "Is she ill?"—she said, "No, she is ailing to-day"—I said, "Can she get up?"—she said, "Oh yes, she can get up"—then she said, "Get up, Beaty," in a harsh manner—the child partly uncovered its head—I went towards it, uncovered it, and saw it was in a weak, sickly-looking condition, and its face pale and white—I took hold of her to assist her up—she had on only a chemise, which was black with dirt—I lifted her chemise, and found her in a very thin, emaciated condition; in fact, nothing but skin and bone—the bed
<lb/>clothes consisted of an old piece of sheet, an old piece of blanket, both of which were perished, and the top covering was a piece of glazed window blind—the child's back, loins, stomach and private parts were all brown with dirt, and her skin was rough from it—there was vermin in her head—her hair had been recently cut, but there was vermin still in it—I got her some hot milk, which she took very ravenously indeed—the female prisoner was very well dressed—I pointed out the child's con
<lb/>dition to her—she said, "When I was married to my husband he did not know of the existence of the child, who was then out at a nurse at Cambridge. I was unable to keep up the payments, and on October 24th the child was returned to me. She first was laid on the couch to sleep; we found the couch became verminous, as also did I and my baby. My husband said she was not to lay there any more, but I was to lay her on the floor, and she has been laying there, and not been dressed since Christmas, or just after Christmas, as she has no stockings, and I have not been able to buy her any"—I said, "What about her thin condition?"—she said, "Well, I have been sending her food in by my husband's little boy, and a fortnight ago the boy told me he had eaten the food himself instead of giving it to the child"—she meant sending the food in from the kitchen where they lived—the male prisoner came in then—he was very well dressed in working clothes—I said to him, "What do you say about the condition of this child?"—he said, "Well you know, I did not know anything about this child's existence when I married, so you</p>
<xptr type="pageFacsimile" doc="190203100032"/>
<p>can see how it is; we have had words about her, and her presence here is objectionable"—the prisoners slept in the back parlour, and the male prisoner's two boys, aged 13 and 14, slept in the room with this girl—the male prisoner also said he had been ill for some weeks up to three weeks before my visit—I got a constable, and had the child removed to the workhouse in a cab.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-147" type="witnessName">
<interp inst="t19020310-name-147" type="gender" value="male"/>
<interp inst="t19020310-name-147" type="surname" value="JAKE"/>
<interp inst="t19020310-name-147" type="given" value="WILLIAM"/>WILLIAM JAKE</persName> </hi> (693
<hi rend="italic">J.</hi>) I went with Inspector Welby to 15, Redcar Street—the child was being dressed—I took it to the workhouse—I heard the description of the child given by the Inspector at the police court—I agree with that.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-148" type="witnessName">
<interp inst="t19020310-name-148" type="gender" value="male"/>
<interp inst="t19020310-name-148" type="surname" value="DUNLOP"/>
<interp inst="t19020310-name-148" type="given" value="WALTER"/>WALTER DUNLOP</persName> </hi>. I am medical officer at the St. Pancras Infirmary—this child was admitted on February 11th—she was about seven years old—I examined her at once—she was emaciated, and weighed 2 stone ¼ lb., about half the normal weight for that age—there was no organic disease to account for her condition—the surface of the body, especially the abdomen and the back, was coated with dead skin and dirt, owing to want of cleanliness and washing—ordinary washing would have kept that clean—on several prominences of the spine there were abrasions caused through her lying too long in a recumbent position—there were sores on the lips, and a discharge from the nostrils—her hair was verminous—if she was kept in a room for six weeks or two months, that would cause injury to her health—that would account for the symptoms I noticed—when she first came to us she could not walk alone, and was in a tottering condition—she took food ravenously at first—she has improved now, and within the first week gained 3lbs.—in my opinion her condition was caused simply from want of food, and not from inability to take it.</p>
<hi rend="italic">Cross-examined by the male prisoner.</hi> She is now at the North Western Hospital—it is doubtful whether she has now a sore throat of a diphtheric nature, or only a sore throat, but it was probably produced through the insanitary condition in which she lived.</p>
<hi rend="italic">The male prisoner, in his defence, said that he did not know anything about the child till he was married; that the child was fed while he was about, and that his wife told him she washed it; that he was in bed for nine weeks with an ulcerated leg, and had not seen the child for some weeks; and that it was dirty in its habits.</hi> </p>
<hi rend="italic">The female prisoner, in her defence on oath, said that the child was dirty, and her skin yellow and rough when she came to her; that she had the same food as the rest of the family; that the boy said he had eaten some if it, but that she did not know if it was true; that she bathed her on February 1st, and that she was up to dinner with the rest, that night.</hi> </p>
<hi rend="smallCaps">DR. DUNLOP</hi> (
<hi rend="italic">Re-examined</hi>), The child is quite clean in her habits.</p>
<hi rend="largeCaps">HENRY RUSSELL</hi>
<hi rend="smallCaps">
<rs id="t19020310-253-verdict-1" type="verdictDescription">
<interp inst="t19020310-253-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19020310-253-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>;</p>
<hi rend="largeCaps">ANNIE RUSSELL</hi>
<hi rend="smallCaps">
<rs id="t19020310-253-verdict-2" type="verdictDescription">
<interp inst="t19020310-253-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-253-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">
<rs id="t19020310-253-punishment-32" type="punishmentDescription">
<interp inst="t19020310-253-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-253-punishment-32" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-253-19020310 t19020310-253-punishment-32"/>Twelve months' hard labour.</rs> </hi> </p> </div1>
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<interp inst="t19020310-254" type="uri" value="sessionsPapers/19020310"/>
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<join result="criminalCharge" id="t19020310-254-charge-2" targOrder="Y" targets="def2-254-19020310 t19020310-254-offence-1 t19020310-254-verdict-1"/>
<persName id="def1-254-19020310" type="defendantName">
<interp inst="def1-254-19020310" type="gender" value="male"/>
<interp inst="def1-254-19020310" type="age" value="17"/>
<interp inst="def1-254-19020310" type="surname" value="COLES"/>
<interp inst="def1-254-19020310" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN COLES</hi> (17)</persName> and
<persName id="def2-254-19020310" type="defendantName">
<interp inst="def2-254-19020310" type="gender" value="male"/>
<interp inst="def2-254-19020310" type="age" value="16"/>
<interp inst="def2-254-19020310" type="surname" value="FARNES"/>
<interp inst="def2-254-19020310" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR FARNES</hi> (16)</persName>
<hi rend="smallCaps">
<rs id="t19020310-254-verdict-1" type="verdictDescription">
<interp inst="t19020310-254-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-254-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t19020310-254-offence-1" type="offenceDescription">
<interp inst="t19020310-254-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19020310-254-offence-1" type="offenceSubcategory" value="sodomy"/>an unnatural offence.</rs>
<hi rend="italic">
<rs id="t19020310-254-punishment-33" type="punishmentDescription">
<interp inst="t19020310-254-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-254-punishment-33" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-254-19020310 t19020310-254-punishment-33"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-254-19020310 t19020310-254-punishment-33"/>Three years' penal servitude each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t19020310-255">
<interp inst="t19020310-255" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-255" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-255-charge-1" targOrder="Y" targets="def1-255-19020310 t19020310-255-offence-1 t19020310-255-verdict-1"/>
<persName id="def1-255-19020310" type="defendantName">
<interp inst="def1-255-19020310" type="gender" value="male"/>
<interp inst="def1-255-19020310" type="age" value="39"/>
<interp inst="def1-255-19020310" type="surname" value="WATTS"/>
<interp inst="def1-255-19020310" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WATTS</hi> (39)</persName>
<rs id="t19020310-255-offence-1" type="offenceDescription">
<interp inst="t19020310-255-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t19020310-255-offence-1" type="offenceSubcategory" value="arson"/>, Feloniously setting fire to a warehouse in the occupation of
<persName id="t19020310-name-152" type="victimName">
<interp inst="t19020310-name-152" type="gender" value="male"/>
<interp inst="t19020310-name-152" type="surname" value="ALLEY"/>
<interp inst="t19020310-name-152" type="given" value="FRANCIS CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-255-offence-1 t19020310-name-152"/>Francis Charles Alley</persName> and another, with intent to injure them.</rs> </p>
<xptr type="pageFacsimile" doc="190203100033"/>
<hi rend="smallCaps">MR. BLACKNELL</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-153" type="witnessName">
<interp inst="t19020310-name-153" type="gender" value="male"/>
<interp inst="t19020310-name-153" type="surname" value="HOW"/>
<interp inst="t19020310-name-153" type="given" value="ALEXANDER"/>ALEXANDER HOW</persName> </hi> (
<hi rend="italic">N.R.</hi> 4.) On February 16th, about 10.30 p.m., the prisoner came into the police station, and said, "I wish to give myself up for setting fire to Messrs. Meyers' premises last night"—I said, "Be careful what you say, as what you say I shall take down in writing, and it will be used in evidence against you"—he then made this statement, which I wrote down, and read over to him; he put his mark to it, and I witnessed it (
<hi rend="italic">Read</hi>)—"I have been in the employ of Messrs. Meyers & Co., horse hair manufacturers, 752, High Road, Tottenham, for the past eighteen months, and on Friday last (the 14th inst.) I was discharged without a moment's notice. I was employed as a hair-drawer. I after
<lb/>wards tried to get work elsewhere, and was unable to do so, and on Saturday night, the 15th inst., I took it into my head to set light to the premises. I went to an oil shop in High Cross, Tottenham, and purchased a pint of paraffin oil; this was about 9.30 p.m. I then went to Messrs. Meyers premises. I gained access from Paxton Road to the premises. I was unable to enter the workshop, and I spilt the oil underneath the door, and then set light to it. I then went to a lodging house, off White Hart Lane, and slept there for the night. I have been treated badly, and have done it out of spite."</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">JURY</hi>. There was no loss of life.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-154" type="witnessName">
<interp inst="t19020310-name-154" type="gender" value="male"/>
<interp inst="t19020310-name-154" type="surname" value="ALLEY"/>
<interp inst="t19020310-name-154" type="given" value="FRANCIS CHARLES"/>FRANCIS CHARLES ALLEY</persName> </hi>. I am a horse-hair manufacturer, one of the firm of Meyer & Co., of 752, High Road, Tottenham—I have known the prisoner a number of years—he was apprenticed to my father—he has been working for the firm for about 18 months—he was discharged on February 14th—I had spoken to him repeatedly before that—he had taken to drink, and about a month before that I was forced to discharge him—I told him if he did not alter I should have to discharge him—he said, "Give me another chance, and I won't drink any more"—he went from bad to worse—I gave him a month's notice, and he left on the 14th—on the evening of the 15th I saw him in the street—he asked me for 2s. 6d.—I said the firm had paid more than was due to him, but if he mended his ways I would try and get him back—he said, in an abrupt manner, "All right, we will see"—I left him, and went home—about midnight I went to the factory, and found it was burned down—the damage comes to between £1500 and £2000.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-155" type="witnessName">
<interp inst="t19020310-name-155" type="gender" value="male"/>
<interp inst="t19020310-name-155" type="surname" value="SCOTT"/>
<interp inst="t19020310-name-155" type="given" value="JAMES"/>DR. JAMES SCOTT</persName> </hi>. The prisoner has been under my observation, while he has been in prison, since February 27th—at first he appeared of weak mind, but showed no insanity—he gave a pretty clear account of the circumstances connected with this charge—during the last few days he has been very depressed and nervous, and in the condition he is in now—he is reported to have had a fit the day before yesterday—I did not see it, but its character was rather doubtful—he did not appear to be insane until some time after he came into custody.</p>
<hi rend="smallCaps">
<rs id="t19020310-255-verdict-1" type="verdictDescription">
<interp inst="t19020310-255-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-255-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t19020310-255-punishment-34" type="punishmentDescription">
<interp inst="t19020310-255-punishment-34" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-255-punishment-34" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-255-19020310 t19020310-255-punishment-34"/>Five years' penal servitude.</rs> </hi> </p> </div1>
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<interp inst="t19020310-256" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-256" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-256-charge-1" targOrder="Y" targets="def1-256-19020310 t19020310-256-offence-1 t19020310-256-verdict-1"/>
<persName id="def1-256-19020310" type="defendantName">
<interp inst="def1-256-19020310" type="gender" value="male"/>
<interp inst="def1-256-19020310" type="age" value="29"/>
<interp inst="def1-256-19020310" type="surname" value="ABEL"/>
<interp inst="def1-256-19020310" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM ABEL</hi> (29)</persName> was indicted
<rs id="t19020310-256-offence-1" type="offenceDescription">
<interp inst="t19020310-256-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19020310-256-offence-1" type="offenceSubcategory" value="manslaughter"/> for, and charged, on the Coroner's inquisition, with the manslaughter of
<persName id="t19020310-name-157" type="victimName">
<interp inst="t19020310-name-157" type="gender" value="female"/>
<interp inst="t19020310-name-157" type="surname" value="ABEL"/>
<interp inst="t19020310-name-157" type="given" value="ELIZABETH JANE"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-256-offence-1 t19020310-name-157"/>Elizabeth Jane Abel</persName>.</rs> </p>
<hi rend="smallCaps">MR. CAMPBELL</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. ABINGER</hi>
<hi rend="italic">Defended.</hi> </p>
<xptr type="pageFacsimile" doc="190203100034"/>
<hi rend="smallCaps">
<persName id="t19020310-name-158" type="witnessName">
<interp inst="t19020310-name-158" type="gender" value="male"/>
<interp inst="t19020310-name-158" type="surname" value="WOODLEY"/>
<interp inst="t19020310-name-158" type="given" value="HARRY"/>HARRY WOODLEY</persName> </hi> (343
<hi rend="italic">H.</hi>)
<hi rend="italic">produced and proved a plan of</hi> 115,
<hi rend="italic">Cable Street.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-159" type="witnessName">
<interp inst="t19020310-name-159" type="gender" value="female"/>
<interp inst="t19020310-name-159" type="surname" value="HAROLD"/>
<interp inst="t19020310-name-159" type="given" value="MARY"/>MARY HAROLD</persName> </hi>. I am the wife of Charles Harold—we occupy two rooms on the first floor and one room on the second floor at 115, Cable Street—the prisoner and his wife occupied the second floor front room—the prisoner is a coal carman, and his wife was a paper sorter—on Saturday, February 22nd, they did not go to work because they over
<lb/>slept themselves—in the morning the deceased was doing her house work—she went out about 4 p.m.—she came back at 5 p.m.—she came into my room, and went out again a few minutes afterwards—I heard the prisoner and the deceased come in together about 6.30 or 6.45—they went upstairs to their room—I went into my downstairs room and closed the door—there was a confused noise in their room, it sounded like crockery smashing—it went on for half an hour or 20 minutes—then the prisoner came downstairs—he said to me, "Look at my head and my elbow"—they were both bleeding—I said, "Come upstairs, I have a kettle of boiling water and I will bathe it"—He said, "I wish I was dead," and closed the door—he said he was going to the doctor's, and he went away—I went out and returned about 8.40—my little girl said something to me, and I went up to the prisoner's room—I went into the room—there were some broken dishes—the deceased laid with her head to the cupboard door by the window, and her feet to the bedstead—she was quite dead, and her body quite cold—I said, "Mrs. Abel, Mrs. Abell"—there was no answer, and I told my little girl to call the landlady—she could not come up, and a policeman was sent for.</p>
<hi rend="italic">Cross-examined.</hi> I have known the prisoner and his wife about two years—I believe he was in constant employment—his wife was not in work at this time—they both used to drink—I do not know if the prisoner complained of his wife drinking—I do not know if he came home day after day and found his wife in the public-house—the deceased told me she had been to meet her husband on the afternoon of February 22nd—I am sure she had not been drinking—I did not say at the police court "I cannot say if she had had some drink"—when I went up to the room there were no signs of a struggle except the broken crockery; the chairs and the table were not overturned—I did not move anything in the room—there is a fender there and a hearth-rug—the deceased was lying on her back between the hearth-rug and the chair bed—her arms were straight down by her side—there was no crockery near her head—I did not see a broken tobacco jar, I saw some broken glass dishes—I did not see the prisoner come home.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-160" type="witnessName">
<interp inst="t19020310-name-160" type="gender" value="male"/>
<interp inst="t19020310-name-160" type="surname" value="ANDERSON"/>
<interp inst="t19020310-name-160" type="given" value="GEORGE"/>DR GEORGE ANDERSON</persName> </hi>. About 7.45 p.m. on February 22nd I attended to the prisoner—he had two incised wounds on the left side of his head he said he had quarrelled with his wife, and that she had thrown a sugar basin at him—he begged me not to put a bandage round his head, so I simply strapped his head, and he went away.</p>
<hi rend="italic">Cross-examined.</hi> I think that the wounds were done with two blows—they were about 1 1/2 inches to 1 1/4 inches long—they were superficial, but bleeding profusely—he showed me a wound on his elbow—I did not dress it.</p>
<xptr type="pageFacsimile" doc="190203100035"/>
<hi rend="smallCaps">
<persName id="t19020310-name-161" type="witnessName">
<interp inst="t19020310-name-161" type="gender" value="male"/>
<interp inst="t19020310-name-161" type="surname" value="ROBERTS"/>
<interp inst="t19020310-name-161" type="given" value="BERTRAM"/>BERTRAM ROBERTS</persName> </hi> (474
<hi rend="italic">H.</hi>) I was called to 115, Cable Street, on February 22nd, about 9 p.m.—I went up to the second floor front room, and found the deceased lying on the floor, on her back, leaning up against a cupboard, apparently dead—I did not move the body—her head was about 1 1/4 feet from the fender—there was a quantity of broken crockery and glass on the floor.</p>
<hi rend="italic">Cross-examined.</hi> The body was lying with the arms extended, the feet closed, and the head back—I should not expect to find a woman who had been suddenly knocked down in such a position—I did not examine the fender.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-162" type="witnessName">
<interp inst="t19020310-name-162" type="gender" value="male"/>
<interp inst="t19020310-name-162" type="surname" value="WENSLEY"/>
<interp inst="t19020310-name-162" type="given" value="FRANK"/>FRANK WENSLEY</persName> </hi> (
<hi rend="italic">Police Sergeant H.</hi>) I was called to 115, Cable Street, about 9 p.m. on February 22nd—I went upstairs to where the body was lying—I found some crockery ware on the floor—the deceased was lying on the floor with her head against the cupboard, and her feet towards the bed—her head was about 18 inches from the fireplace—I
<hi rend="italic">did</hi> not move the body—I had gone there with a doctor and Inspector Dival—later in the evening I returned to the house; the prisoner came in—I said to him, "We are police officers, and are going to arrest you on suspicion of having murdered your wife this evening"—he said, "She has got up a row because I have not been to work, and threw a sugar basin and saucer at me, cutting my head, I pushed her away, that is all I know"—the crockery consisted of a sugar basin, a butter dish, and a plate—the butter dish had the appearance of having been pulled off the table by the tablecloth—there was an impression of it upon the butter.</p>
<hi rend="italic">Cross-examined.</hi> Roberts was there before me—I have not got the pieces of the butter dish here,—I did not think it necessary to bring them—the glass was fairly thick—a glass sugar basin was also broken—that was fairly thick glass—there was a broken plate—I did not see a broken tobacco jar—I arrested the prisoner about 12.30 midnight—I was inside the house—he walked in, and I arrested him.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-163" type="witnessName">
<interp inst="t19020310-name-163" type="gender" value="male"/>
<interp inst="t19020310-name-163" type="surname" value="JONES"/>
<interp inst="t19020310-name-163" type="given" value="THOMAS"/>THOMAS JONES</persName> </hi>. I am surgeon for the A Division of police—I was summoned to 115, Cable Street, on February 22nd, about 9.45—I went up to the second floor front room—I found the deceased lying on the floor flat on her back, her arms by her side, the right hand slightly flexed over the stomach, her face inclined towards the fender, her feet were straight out towards the bedstead, and her head was a few inches from the cupboard, and about 18 inches from the fender—blood was oozing from her mouth and nose—there was a wound on her chin on the left side—it was crescentic in shape, and about three-quarters of an inch long—the outside skin of the wound was on a lower level to the inside of the wound, which penetrated the lip into the mouth—a hard blunt substance suddenly used with violence would have caused it—on the back I found a large bruise to the left of the spine about three inches long and 2 1/2 inches wide, the blood having extravasated—I held a post
<lb/>mortem on February 25th—I opened the brain cavity—there was slight congestion on the surface—the substance of the brain was healthy—both ventricles were filled with blood clots, and there was a good deal of extravasation of blood on the base of the brain—there was no fracture of bones—the hemorrhage occurred from the laceration of a large number of small blood vessels—there was nothing to indicate any disease</p>
<xptr type="pageFacsimile" doc="190203100036"/>
<p>of the arteries—I think the laceration of the vessels of the brain was due to a direct blow—there was no scalp wound—I think death had taken place two or three hours before I saw the woman.</p>
<hi rend="italic">Cross-examined.</hi> The wound on the chin was just below the teeth—no teeth were knocked out—there was extravasation of blood near the jaw bone, and a slight swelling—she had slight congestion of the right lung, of new standing—her liver was healthy—if she fell down on the corner of a fender or a cupboard, that might cause the shock and compression to the brain—I am quite sure the blow was not dealt with a knife—I noticed the fender in the room—its edge was sharp—the body could not have fallen in the position it was found—the table was not overturned, and I think the tablecloth was on it.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-164" type="witnessName">
<interp inst="t19020310-name-164" type="gender" value="male"/>
<interp inst="t19020310-name-164" type="surname" value="PEPPFR"/>
<interp inst="t19020310-name-164" type="given" value="AUGUSTUS"/>AUGUSTUS PEPPFR</persName> </hi>,
<hi rend="italic">F.R.C.S.</hi> I reside at 13, Wimpole Street—I examined the deceased's body on March 5th—a post-mortem had already been made—the body was that of a well-nourished, muscular woman, not very stout, but healthy—there was no disease of the internal organs—the lungs were extended and congested—that would be from the mode of dying—they were gorged with blood—there was an injury to the left side of the lower jaw—the first part was simply an abrasion on the lower margin of the jaw—it was seven-eighths of an inch long, and continuous with it was a lacerated wound, half an inch long, which went through the lip into the mouth at a higher level, and it was slightly curved—the jaw was not broken and the teeth were not loosened—I found that the blood vessels of the brain and the brain substance were healthy—there had been marked hemorrhage into the cavities of the brain, and on the surface and under
<lb/>neath the brain—the hemorrhage was from hundreds of thousands of small vessels—it was a swamp, the patient would become immediately unconscious, and probably be dead in two or three minutes—I believe the wound on the jaw was due to some blunt substance striking the jaw in an oblique direction—in my opinion, the body was flat on its back when that injury was caused—I have no doubt that the laceration of the vessels in the brain was due to the impact of the head with great fore against the floor—there was blood smeared on the floor in the middle, where the back of the head would lie—the patch was 11 inches across, and about 11 inches from the fender, which had a sharpish edge, and very sharp at the angle—the corners projected from the margin of the fender, and were quite sharp.</p>
<hi rend="italic">Cross-examined.</hi> I think the blow was delivered whilst the woman was on the floor—the wound was not directly opposite the jaw, and it was in a slanting direction—if a man got a black eye or was hit with a hammer, I could not say if he was sitting in a chair or standing up—I have never seen a wound like this which could be caused in any position except in a flat one.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-165" type="witnessName">
<interp inst="t19020310-name-165" type="gender" value="male"/>
<interp inst="t19020310-name-165" type="surname" value="DIVAL"/>
<interp inst="t19020310-name-165" type="given" value="THOMAS"/>THOMAS DIVAL</persName> </hi> (
<hi rend="italic">Police inspector H.</hi>) I went to this house on the night of the 22nd—on the 23rd I charged the prisoner with the murder of his wife—I said, "I will charge you with wilfully murdering, on the 22nd inst., your wife, Elizabeth"—he said, "My wife threw a sugar basin at me and I walked out and left her"—after the charge had been read over he said, "It is a wrong accusation"—he paused a few moments, and then said, "I won't say anything about it."</p>
<xptr type="pageFacsimile" doc="190203100037"/>
<hi rend="italic">The prisoner, in his defence on oath, said that his wife took to drink eight or nine months after they were married, that she had struck him on several occasions; that on this night she came home drunk and called him names, and picked up a cup and hit him on the elbow with it; that as he was look
<lb/>ing at the wound it caused, she hit him on the head with the sugar basin which smashed and fell on the floor; that he shoved her away; that as he was going out of the room she picked up the butter dish and hit him on the head with it, and then threw it at him and hit him again; that he shoved her away again violently; that the table went over and she fell down behind the bedstead; that he then walked out; that she called him a filthy name as he went downstairs; that when he left the room, he did not believe his wife was dead, and that he did not intend to hurt her.</hi> </p>
<hi rend="italic">Evidence for the defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-166" type="witnessName">
<interp inst="t19020310-name-166" type="gender" value="male"/>
<interp inst="t19020310-name-166" type="surname" value="ABEL"/>
<interp inst="t19020310-name-166" type="given" value="JOHN"/>JOHN ABEL</persName> </hi>. I am employed by the London, Tilbury, and Southend Railway—the prisoner is my brother—he has always been very quiet in his manner, and I have never seen him drunk—the deceased was a very bad-tempered woman and a very drunken woman for the last eight months; she was brought home once from the public house by a woman and a girl—on February 22nd I saw my brother, about 12.25 a.m., on Tower Hill—I asked him what was the matter at the coal wharf, he said the trouble was not at the wharf, but at home—he showed me his head, which was bleeding, and I enticed him to go home, when he was arrested.</p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t19020310-256-verdict-1" type="verdictDescription">
<interp inst="t19020310-256-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19020310-256-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Friday, March</hi> 14
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t19020310-257">
<interp inst="t19020310-257" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-257" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-257-charge-1" targOrder="Y" targets="def1-257-19020310 t19020310-257-offence-1 t19020310-257-verdict-1"/>
<join result="criminalCharge" id="t19020310-257-charge-2" targOrder="Y" targets="def2-257-19020310 t19020310-257-offence-1 t19020310-257-verdict-1"/>
<join result="criminalCharge" id="t19020310-257-charge-3" targOrder="Y" targets="def3-257-19020310 t19020310-257-offence-1 t19020310-257-verdict-1"/>
<persName id="def1-257-19020310" type="defendantName">
<interp inst="def1-257-19020310" type="gender" value="female"/>
<interp inst="def1-257-19020310" type="age" value="30"/>
<interp inst="def1-257-19020310" type="surname" value="MARKS"/>
<interp inst="def1-257-19020310" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN MARKS</hi> (30)</persName>,
<persName id="def2-257-19020310" type="defendantName">
<interp inst="def2-257-19020310" type="gender" value="male"/>
<interp inst="def2-257-19020310" type="surname" value="MARKS"/>
<interp inst="def2-257-19020310" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MARKS</hi> </persName>, and
<persName id="def3-257-19020310" type="defendantName">
<interp inst="def3-257-19020310" type="gender" value="male"/>
<interp inst="def3-257-19020310" type="surname" value="HOWARD"/>
<interp inst="def3-257-19020310" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR HOWARD</hi> </persName>,
<rs id="t19020310-257-offence-1" type="offenceDescription">
<interp inst="t19020310-257-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19020310-257-offence-1" type="offenceSubcategory" value="wounding"/>Assaulting
<persName id="t19020310-name-170" type="victimName">
<interp inst="t19020310-name-170" type="gender" value="male"/>
<interp inst="t19020310-name-170" type="surname" value="GOODMAN"/>
<interp inst="t19020310-name-170" type="given" value="HERMAN"/>
<join result="offenceVictim" targOrder="Y" targets="t19020310-257-offence-1 t19020310-name-170"/>Herman Goodman</persName>, occasioning him actual bodily harm (
<hi rend="italic">See page</hi> 333.)</rs> </p>
<hi rend="smallCaps">MR. GREENFIELD</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="italic">The evidence is unfit for publication.</hi> </p>
<hi rend="smallCaps">
<rs id="t19020310-257-verdict-1" type="verdictDescription">
<interp inst="t19020310-257-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19020310-257-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">Ten previous convictions were proved against</hi>
<hi rend="largeCaps">ELLEN MARKS</hi>
<hi rend="italic">and-two against</hi>
<hi rend="largeCaps">HOWARD</hi>.
<hi rend="italic">
<rs id="t19020310-257-punishment-35" type="punishmentDescription">
<interp inst="t19020310-257-punishment-35" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-257-punishment-35" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-257-19020310 t19020310-257-punishment-35"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-257-19020310 t19020310-257-punishment-35"/>Three years' penal servitude each.</rs> </hi>
<hi rend="largeCaps">JOHN MARKS</hi>,
<hi rend="italic">against whom seven previous convictions were proved,
<rs id="t19020310-257-punishment-36" type="punishmentDescription">
<interp inst="t19020310-257-punishment-36" type="punishmentCategory" value="imprison"/>
<interp inst="t19020310-257-punishment-36" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-257-19020310 t19020310-257-punishment-36"/>Four years' penal servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19020310-258">
<interp inst="t19020310-258" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-258" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-258-charge-1" targOrder="Y" targets="def1-258-19020310 t19020310-258-offence-1 t19020310-258-verdict-1"/>
<persName id="def1-258-19020310" type="defendantName">
<interp inst="def1-258-19020310" type="gender" value="male"/>
<interp inst="def1-258-19020310" type="age" value="42"/>
<interp inst="def1-258-19020310" type="surname" value="WILSON"/>
<interp inst="def1-258-19020310" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WILSON</hi> (42)</persName>, was
<hi rend="italic">again</hi> indicted
<rs id="t19020310-258-offence-1" type="offenceDescription">
<interp inst="t19020310-258-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020310-258-offence-1" type="offenceSubcategory" value="forgery"/> for forging and utter
<lb/>ing an order for £16 8s. Id. with intent to defraud. (
<hi rend="italic">See page</hi> 330.)</rs> </p>
<hi rend="smallCaps">MR. SANDS</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-172" type="witnessName">
<interp inst="t19020310-name-172" type="gender" value="male"/>
<interp inst="t19020310-name-172" type="surname" value="DUELL"/>
<interp inst="t19020310-name-172" type="given" value="FRANK HENRY"/>FRANK HENRY DUELL</persName> </hi>. I am a clerk to Walker, Parker & Co., 63, Belvidere Road, Lambeth—on November 18th a man brought me this paper, on which I have added my figures. [
<hi rend="italic">Headed, T. Seymour, Electrician</hi>, 118,
<hi rend="italic">The Grove, Hammersmith, and signed T. Seymour, specifying articles to which the prices were added.</hi>]—this is a copy of the invoice I made out—the next day the same man brought this cheque for £168s. 1d. on the National Bank, Limited, Belgravia Branch, with this type-written</p>
<xptr type="pageFacsimile" doc="190203100038"/>
<p>letter, to deliver goods to bearer by van as per quotation—I gave him the receipted invoice, which authorised him to get his load from Bridges.</p>
<hi rend="italic">Cross-examined by the prisoner.</hi> The man was dressed in a blue Melton overcoat and velvet collar, a collar, a tie, and had a moustache, but no beard—[
<hi rend="italic">The prisoner had a beard.</hi>]—I do not know you—it is over three months ago—I do not think you are the man I sent to Bridges.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-173" type="witnessName">
<interp inst="t19020310-name-173" type="gender" value="male"/>
<interp inst="t19020310-name-173" type="surname" value="BRIDGES"/>
<interp inst="t19020310-name-173" type="given" value="CHARLES"/>CHARLES BRIDGES</persName> </hi>. I am warehouseman to Walker, Parker & Co.—I received this request for a quotation, and the next day the prisoner brought a receipted invoice—another man was with him—they had a horse and van which was unsuitable for the goods, and which they did not seem to be able to manage—he had a dark blue and black overcoat and a hard
<hi rend="italic">bowler</hi> hat, but no beard—I booked his goods and conducted him to the office, where the carman always signs—I next saw him at West
<lb/>minster police court on February 21st, and identified him from several others.</p>
<hi rend="italic">Cross-examined.</hi> I assisted you to load the lead—there are five men in my gang.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-174" type="witnessName">
<interp inst="t19020310-name-174" type="gender" value="male"/>
<interp inst="t19020310-name-174" type="surname" value="PALMER"/>
<interp inst="t19020310-name-174" type="given" value="GEORGE"/>GEORGE PALMER</persName> </hi>. I am works foreman to Walker, Parker & Co.—on November 19th Bridges brought me some particulars for some lead—I made out this receipt, and passed it to the man who came to sign for the goods—he signed it—he had a blue-black overcoat, and a hard
<hi rend="italic">bowler</hi> hat, a dark moustache, but no beard—only his head and shoulders came in view of my window, where I passed the book out, and saw him sign "George Johnson."</p>
<hi rend="smallCaps">
<persName id="t19020310-name-175" type="witnessName">
<interp inst="t19020310-name-175" type="gender" value="male"/>
<interp inst="t19020310-name-175" type="surname" value="SEYMOUR"/>
<interp inst="t19020310-name-175" type="given" value="THOMAS"/>THOMAS SEYMOUR</persName> </hi>. I am an electrician, of 70, Highfield Road, West Brompton—the request for a quotation, and the cheque produced, are not signed by me, nor by my authority—I never authorized anyone to use these forms on a bill head—one is not my form at all.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-176" type="witnessName">
<interp inst="t19020310-name-176" type="gender" value="male"/>
<interp inst="t19020310-name-176" type="surname" value="NILEN"/>
<interp inst="t19020310-name-176" type="given" value="PERCY"/>PERCY NILEN</persName> </hi>. I am a clerk to Brady & Co., of 352, Euston Road—I produce a cheque for £23 18s., which the prisoner brought on November 17th, with this type-written document—he had no beard—I supplied him with goods—the cheque was returned as it is, from my bank—I identified the prisoner, on November 21st, at Westminster police court.</p>
<hi rend="italic">Cross-examined.</hi> You had an overcoat, and a moustache—I did not take your signature, we do not when goods are paid for.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-177" type="witnessName">
<interp inst="t19020310-name-177" type="gender" value="male"/>
<interp inst="t19020310-name-177" type="surname" value="POTTER"/>
<interp inst="t19020310-name-177" type="given" value="ALFRED"/>ALFRED POTTER</persName> </hi>. I am warehouseman to Brady & Co.—on November 7th I helped the prisoner to load some zinc—I identified him at West
<lb/>minster police court on February 21st as the man I served.
<hi rend="italic">Cross-examined.</hi> I know you by your face and expression.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-178" type="witnessName">
<interp inst="t19020310-name-178" type="gender" value="male"/>
<interp inst="t19020310-name-178" type="surname" value="MYALL"/>
<interp inst="t19020310-name-178" type="given" value="CHARLES"/>CHARLES MYALL</persName> </hi>. I am clerk to Alfred Goslett & Co., Limited, of 127, Charing Cross Road—the prisoner, in November, brought me this cheque for £71, and this type-written order, and I directed Borer to deliver goods to him—the cheque was returned from the bank as it is—I cannot swear to him.</p>
<hi rend="italic">Cross-examined.</hi> I know Pearson, of old Compton Street—he is a customer—I do not recognize you—we deal with a good many little firms—you may have been in our place, and given orders for goods.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-179" type="witnessName">
<interp inst="t19020310-name-179" type="gender" value="male"/>
<interp inst="t19020310-name-179" type="surname" value="BORER"/>
<interp inst="t19020310-name-179" type="given" value="WALTER"/>WALTER BORER</persName> </hi>. I am warehouseman to Messrs. Goslett—on November 22nd the prisoner brought this order, and I delivered the goods to him (
<hi rend="italic">Solder and plumber's material.</hi>)</p>
<xptr type="pageFacsimile" doc="190203100039"/>
<hi rend="italic">Cross-examined.</hi> You had a moustache—I do not recollect how you were dressed, or about the beard, or serving you-with piping—I will swear I have never seen you in our place before, and that I had only seen you on November 22nd until I had identified you.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-180" type="witnessName">
<interp inst="t19020310-name-180" type="gender" value="male"/>
<interp inst="t19020310-name-180" type="surname" value="EAGLE"/>
<interp inst="t19020310-name-180" type="given" value="JAMES"/>JAMES EAGLE</persName> </hi>. I am a blacksmith, of 410, Bang's Road, Chelsea—the prisoner came into our shop about May 5th—in November he had no beard, only a moustache.</p>
<hi rend="italic">Cross-examined.</hi> I saw you at the "World's End, when I was going to Poulton Street—in June you were in business in the King's Road as an electrical engineer, and you had everything on your board—a lamp was brought to me to be repaired, which was passed to my father—Timmis took it back—I have no spite against you.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-181" type="witnessName">
<interp inst="t19020310-name-181" type="gender" value="male"/>
<interp inst="t19020310-name-181" type="surname" value="WINSER"/>
<interp inst="t19020310-name-181" type="given" value="FREDERICK SAWYER"/>FREDERICK SAWYER WINSER</persName> </hi>. I am a sanitary engineer, one of the firm of "Winser & Co.—these three cheques were stolen from me—I gave no authority to the prisoner to pass them, nor to anyone to sign them.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-182" type="witnessName">
<interp inst="t19020310-name-182" type="gender" value="male"/>
<interp inst="t19020310-name-182" type="surname" value="BEDFOED"/>
<interp inst="t19020310-name-182" type="given" value="ISRAEL"/>ISRAEL BEDFOED</persName> </hi> (
<hi rend="italic">Police Sergeant B.</hi>) I conducted this case at the police court and made inquiries—I gave evidence on the result of my inquiries at 13, Pelham Crescent.</p>
<hi rend="italic">Cross-examined.</hi> I told you what the charges were—I have not known you three years—you were in business in Chelsea last summer as a plumber and gasfitter, then I lost sight of you till you were in custody—the landlord of the World's End public house knows you had no beard—your wife told me you were clean shaven in November.</p>
<hi rend="italic">Evidence for the defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-183" type="witnessName">
<interp inst="t19020310-name-183" type="gender" value="female"/>
<interp inst="t19020310-name-183" type="surname" value="PLATS"/>
<interp inst="t19020310-name-183" type="given" value="ELIZA"/>ELIZA PLATS</persName> </hi>. I live at 81, Bridge Road, Battersea—the prisoner is my husband—his name is Walter Plats—he took the name of Wilson in business—I was living with him in November at 81, Bridge Road—his beard was always as it is now—he went to the barber's occasionally to have his cheek bones shaved and his neck made tidy.</p>
<hi rend="italic">Cross-examined.</hi> Bedford came to search my room—he asked if my husband ever shaved—I knew you must mind what you say to a detective, and I said yes, he went occasionally to a barber to get his cheek bones shaved and his beard trimmed.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-184" type="witnessName">
<interp inst="t19020310-name-184" type="gender" value="female"/>
<interp inst="t19020310-name-184" type="surname" value="BAYLIS"/>
<interp inst="t19020310-name-184" type="given" value="GERTRUDE"/>GERTRUDE BAYLIS</persName> </hi>. I live at 81, Bridge Road, Battersea—the prisoner has lived in my house since September 23rd—he dressed as he is now—I saw him in a brown overcoat once or twice—he wore that hat—I never saw him go out in another hat—he has worn a beard since I have known him—I have seen him three or four times a day, but always with a beard.</p>
<hi rend="italic">Cross-examined.</hi> The prisoner and his wife lodged in the two top rooms—I never noticed his beard before trimmed or different—I knew him as Plats.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-185" type="witnessName">
<interp inst="t19020310-name-185" type="gender" value="male"/>
<interp inst="t19020310-name-185" type="surname" value="AYRES"/>
<interp inst="t19020310-name-185" type="given" value="WILLIAM"/>WILLIAM AYRES</persName> </hi>. I keep a boot shop at 613, Fulham Road, Putney—my son and I have a shop at 312, King's Road—I knew you in business before you left the King's Road, about 18 months ago—I have been in your place hundreds of times, five or six times a day—on November 16th or 17th you came for a reference for a shop you took—you had a brown overcoat, a
<hi rend="italic">nicked</hi> hat, and a beard—I never saw you without a beard.</p>
<hi rend="italic">Cross-examined.</hi> I knew him intimately, because he was a neigh
<lb/>bour—his wife asked me if I would give him a character—I did not know he was</p>
<xptr type="pageFacsimile" doc="190203100040"/>
<p>in custody—I sent a post-card to say I would—I know Timmis is in business in the King's Road—I do not know him personally.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-186" type="witnessName">
<interp inst="t19020310-name-186" type="gender" value="female"/>
<interp inst="t19020310-name-186" type="surname" value="TURTON"/>
<interp inst="t19020310-name-186" type="given" value="CHARLOTTE"/>CHARLOTTE TURTON</persName> </hi>. I live at 4, Davis Place, Cheyne Walk—I have seen you wear this hat—I have known you about three years in Chelsea—I have never seen you without a moustache or beard—you were a frequent visitor to see my boys and my husband.</p>
<hi rend="italic">Cross-examined.</hi> I lived next door but one to him in October—he left sixteen or eighteen months ago—Mrs. Plats asked me to give evidence—his beard may have been a little more close sometimes.</p>
<hi rend="italic">The prisoner added in defence that this was a spiteful plot, and that he was not the man who forged or uttered the cheques, though he had bought goods honestly, and signed for them in the name of Green.</hi> </p>
<hi rend="smallCaps">
<rs id="t19020310-258-verdict-1" type="verdictDescription">
<interp inst="t19020310-258-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19020310-258-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Friday, March</hi> 14
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Alexander Rentoul, Esq., K.C.</hi> </p>
<div1 type="trialAccount" id="t19020310-259">
<interp inst="t19020310-259" type="uri" value="sessionsPapers/19020310"/>
<interp inst="t19020310-259" type="date" value="19020310"/>
<join result="criminalCharge" id="t19020310-259-charge-1" targOrder="Y" targets="def1-259-19020310 t19020310-259-offence-1 t19020310-259-verdict-1"/>
<join result="criminalCharge" id="t19020310-259-charge-2" targOrder="Y" targets="def2-259-19020310 t19020310-259-offence-1 t19020310-259-verdict-1"/>
<persName id="def1-259-19020310" type="defendantName">
<interp inst="def1-259-19020310" type="gender" value="male"/>
<interp inst="def1-259-19020310" type="surname" value="DAVIES"/>
<interp inst="def1-259-19020310" type="given" value="DAVID"/>
<hi rend="largeCaps">DAVID DAVIES</hi> </persName> was
<hi rend="italic">again</hi> indicted with
<persName id="def2-259-19020310" type="defendantName">
<interp inst="def2-259-19020310" type="gender" value="male"/>
<interp inst="def2-259-19020310" type="surname" value="DAVIES"/>
<interp inst="def2-259-19020310" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT DAVIES</hi> </persName>
<rs id="t19020310-259-offence-1" type="offenceDescription">
<interp inst="t19020310-259-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19020310-259-offence-1" type="offenceSubcategory" value="forgery"/>, for forging and uttering a letter of reference, and conspiring to obtain the execution of a valuable security, by false pretences.</rs> </p>
<hi rend="smallCaps">MR. MUIR</hi> and
<hi rend="smallCaps">MR. H. LEYCESTER</hi>
<hi rend="italic">Prosecuted</hi>,
<hi rend="smallCaps">MR. ELLIOT</hi> and
<hi rend="smallCaps">MR. LAMON</hi> appeared for
<hi rend="italic">David Davies</hi>, and
<hi rend="smallCaps">MR. FITCH</hi> for
<hi rend="italic">Robert Davits.</hi> </p>
<hi rend="smallCaps">
<persName id="t19020310-name-189" type="witnessName">
<interp inst="t19020310-name-189" type="gender" value="male"/>
<interp inst="t19020310-name-189" type="surname" value="HUEY"/>
<interp inst="t19020310-name-189" type="given" value="WILLIAM"/>WILLIAM HUEY</persName> </hi>. I am clerk to Messrs. Clark & Charles, estate agents, of Harrow—in July last I let Strasleigh, St. Kildare Road, Harrow, to David Davies—references were obtained—I produce the answers I got, and on the strength of them the house was let—the rent was paid fairly well for some time—the premises are now empty—I think David Davies went out of possession some time in November, but am not sure—at that time I had no knowledge of any person named Thomas living at the house.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LAMON</hi>. I think David Davies went into possession about the end of July, 1900—he was a fairly desirable tenant—Mr. Clark did not sign the agreement, as a matter of fact.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-190" type="witnessName">
<interp inst="t19020310-name-190" type="gender" value="male"/>
<interp inst="t19020310-name-190" type="surname" value="POCKLINGTON"/>
<interp inst="t19020310-name-190" type="given" value="THOMAS"/>THOMAS POCKLINGTON</persName> </hi>. I live at Oldfield House, Acton Vale, and am the owner of a shop at 5, Beaconsfield Road, Kensington—in January those premises were empty—they were fitted up as a coffee shop—David Davies called upon me the day after I advertised them, and I agreed to let them if his references were satisfactory—I think the previous tenant used them as a coffee shop, or restaurant—they had been empty about six months—one of the references was Mr. Thomas, Strasleigh, St. Kildare Road, Harrow; and one, Mr. Jones, Harlesden—David said he was a tenant of Mr. Thomas, 27, Cloth Fair, Smithfield—I wrote to both and got answers, but Mr. Jones' answer I cannot find—they were both satisfactory, or I should not have let the shop—I got the cote produced from David Davies—on February 8th this agreement was executed at my house—I executed a counterpart of it, which David took away—the rent was £65 a year, payable monthly, on a three years agreement—at the end of the first month David called on me, and said he was unable to open the place, and I waived the month's rent, and charged him a week's rent, for which I gave him a receipt, dated March 13th—the next month's rent was paid, but none after that—I called at the premises, and found nobody there—</p>
<xptr type="pageFacsimile" doc="190203100041"/>
<p>afterwards I found Mr. Hill in possession—I cannot say the date—I wrote numerous letters to David Davies, at Cloth Fair, but got no reply—I believe my clerk called there—I could not trace David, and I forcibly took possession—the rent due was not paid, three or four months, I think—I could not get it from the tenant who took the premises from David, because he was not my tenant.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LAMON</hi>. The place was in very good repair when David took it—I told him I had no objection to a lift being put in, as long as it did not interfere with the construction of the premises—I might have promised to do two or three rooms up, but no repairs—that was not why the rent was not paid—I never saw Robert Davies.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-191" type="witnessName">
<interp inst="t19020310-name-191" type="gender" value="male"/>
<interp inst="t19020310-name-191" type="surname" value="LANSDALL"/>
<interp inst="t19020310-name-191" type="given" value="CHARLES FREDERICK"/>CHARLES FREDERICK LANSDALL</persName> </hi>. I am a glass merchant, of 24, Shepherdess Walk, City Road, and the owner of 27, Cloth Fair, which I let to David Davies by this agreement of September 22nd, 1900—H. C. Thomas, of Strasleigh, St. Kildare Road, Harrow, was not the owner of 27, Cloth Fair—I knew no such person in connection with the place at all.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LAMON</hi>. I believe 27, Cloth Fair, was a coffee house when I bought it—I bought it when it was shut up—I found David a good tenant—he always paid his rent regularly—I gave him several references.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-192" type="witnessName">
<interp inst="t19020310-name-192" type="gender" value="indeterminate"/>
<interp inst="t19020310-name-192" type="surname" value="LAFFINEUR"/>
<interp inst="t19020310-name-192" type="given" value="OCTAVE"/>OCTAVE LAFFINEUR</persName> </hi>. I keep the shop 27, Cloth Fair, which I took on January 14th, 1901, from David Davies—this is the agreement (
<hi rend="italic">Produced</hi>)—he told me he was a farmer living in Northamptonshire, and the shop was doing about £17 a week, and that he used to charge 6d. for dinner, but I found it was 4d., and that the takings on the average were about £12 a week—I paid £85 for the business—I am there still, and have managed to work up a better business—I paid the rent every month to David Davies—he asked me to allow him to have letters addressed there, and he had three or four, and sometimes more, a week—that lasted till last October—I did not know his real address at the time—I never knew Robert Davies.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-193" type="witnessName">
<interp inst="t19020310-name-193" type="gender" value="male"/>
<interp inst="t19020310-name-193" type="surname" value="HILL"/>
<interp inst="t19020310-name-193" type="given" value="ERNEST"/>ERNEST HILL</persName> </hi>. I am a coffee house keeper—in January last I adver
<lb/>tised in the
<hi rend="italic">Chronicle</hi> for a coffee house—David called upon me and offered me the shop at 5, Beaconsfield Terrace, West Kensington—I entered into an agreement with him, dated February 13th—on February 8th I paid £1 deposit—this is the receipt I got for it from David—I saw him write it—I paid £11 besides the £1—David was to supply the utensils, but never did so—I only kept open three days, as I had no utensils—I found him at 85, Upper Ground Street, and he told me if I could find another tenant he would give me back my deposit, and if I could not I was to do the best I could—I could not find a tenant, and did not get my deposit back—I paid no rent—on April 8th I gave him up the key.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. FITCH</hi>. There was no inventory—I took about eighteenpence—I had sufficient utensils for that, but I expected to do more trade—that was using my own utensils—I knew there was no trade at the time, and that I had to start it.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-194" type="witnessName">
<interp inst="t19020310-name-194" type="gender" value="male"/>
<interp inst="t19020310-name-194" type="surname" value="MACEACHRAN"/>
<interp inst="t19020310-name-194" type="given" value="DUGALD"/>DUGALD MACEACHRAN</persName> </hi>. I am a merchant, of 11 and 12, Clements' Lane—I look after 161, Haddock Street, Clapham, for the landlord, Mr. St. John—in the beginning of May, 1891, those premises were empty—</p>
<xptr type="pageFacsimile" doc="190203100042"/>
<p>I got a letter from David Davies, but it is in Robert's writing, and dated from 67, Upper Ground Street, Blackfriars—after receiving it, David called upon me, and said that he was looking out for a shop, that he had other coffee shops in the city, one at Upper Ground Street, which he had had for six months, and paid a couple of hundred pounds rent, and another at Cloth Fair, which he had had two or three years, paying £45or £50 rent; he wished to remove to a better locality with his wife and family, and that this place suited him—I asked for references, and he gave me two or three—this is a note I sent him—he told me Charles Thomas was the landlord of some premises he had had for a number of years at Willesden—the references were written to, and I got three replies, one from Charles Thomas, Strasleigh, St. Kildare Road, Harrow; one from R. Davies, 91, Princess Road, Notting Hill; and one from Mr. Jones, of 1, Hosier Lane—in consequence of those, I let the premises to him under the agreement dated June 3rd, at a rental of £55—I had many other people applying for the premises, who offered a premium, but I chose him in consequence of those references, because I thought him a most desirable tenant, and the premium was waived—I afterwards called at the premises and found David Davies there—and a couple of females attending one or two people—he stayed there under three months—after that I found a servant there, or some one he had sub-let it to—in September I accepted another tenant, Mr. Dyer—I saw Dyer pay him some money—I did not see the money counted, but I understood it was £95—Dyer paid the rent then due, and that was the only rent I got up to the time Dyer went in, so that I had no rent from Davies—I do not remember at this moment who actually paid, they were both there, and the money was handled between them—it came out of Dyer's pocket.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. FITCH</hi>. Dyer was taking over the business, and I was present when the exchange took place—probably it was out of the money Dyer paid that the rent was paid me—Dyer is still carrying on the business, and as far as I know it is a good business.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-195" type="witnessName">
<interp inst="t19020310-name-195" type="gender" value="male"/>
<interp inst="t19020310-name-195" type="surname" value="DEVENISH"/>
<interp inst="t19020310-name-195" type="given" value="WILLIAM HAMMON"/>WILLIAM HAMMON DEVENISH</persName> </hi>. I am a solicitor, and one of the firm of Ponsford and Devenish, 13 and 14, Walbrook—Amelia Henrietta Merry-weather is a client of mine—she is the owner of the shop and premises 9, Broadway, Barnes, which has always been used as a milk shop—on June 4th Robert Davies called upon me and discussed taking the premises—I made a note of the references he gave me and the particulars—the references were Mr. Thomas, Strasleigh, St. Kildare Road, Harrow, and Mr. Jones, 10, Wilton Road, West Kensington—I wrote to them that night and got a reply by post from Jones the following morning—I also got a reply from Thomas—Robert Davis afterwards called on me, and I said his references were in order and that I would prepare an agreement—I got Miss Merry weather to execute an agreement, which I posted to him, which he signed on June 10th and returned to me—on the same day I posted the counterpart to Miss Merry weather, which I got back on June 12th, and I identify her signature—that was done on my advice—I should certainly not have let the premises if I had not believed the references to be genuine—the first rent, which was payable quarterly, became payable on September 29th,</p>
<xptr type="pageFacsimile" doc="190203100043"/>
<p>—I had reason to believe it would not be paid, and I received instructions for a distress to be put in the day after—I got a letter from Robert dated October 22nd—it took the brokers three weeks to get in—they got in on October 28th—the next day he called and asked me to remove the man in possession—I said I would remove the man when he made some payment, not otherwise—he made no payment on that day—this receipt is in my managing clerk's writing, it is for £3 which was received—I got further promises of payment by letter, but I got no more rent—I have got possession of the premises now, but not until after the arrest—he had done no repairs; on the contrary, the shop shewed the appearance of wilful damage, glass broken, and many doors taken off the hinges.</p>
<hi rend="italic">Cross-examined.</hi> I have not mentioned wilful damage before, because I did not know of it until I took possession—I am not prepared to say how long the premises were vacant before the prisoner took them—he was to put in new fittings and fixtures—I think it would have cost him £35 to properly equip the shop—£35 was allowed off the first year's rent for that—I am two quarter's rent out of pocket.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-196" type="witnessName">
<interp inst="t19020310-name-196" type="gender" value="male"/>
<interp inst="t19020310-name-196" type="surname" value="BETTS"/>
<interp inst="t19020310-name-196" type="given" value="WALTER"/>WALTER BETTS</persName> </hi>. I live at 60, Percy Road, Shepherd's Bush—I saw the two signatures written on these documents—they were both written by David Davies.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-197" type="witnessName">
<interp inst="t19020310-name-197" type="gender" value="male"/>
<interp inst="t19020310-name-197" type="surname" value="GURRIN"/>
<interp inst="t19020310-name-197" type="given" value="THOMAS HENRY"/>THOMAS HENRY GURRIN</persName> </hi>. I am an expert in handwriting, and have given evidence in courts of justice for the last seventeen years, and am employed by various public departments—I have examined the various exhibits produced to me—Nos. 2 and 30 are in David Davies' writing—in No. 51 the signature "R. Davies" is in Robert Davies' writing—the letter signed "H. Hill "is Robert Davies'—the letter to Mr. MacEachran signed "D. Davies" is in Robert Davies' writing—the letter dated from Strasleigh signed "C. Thomas," giving a reference to David, is David Davies' writing, but certainly not in his natural writing—Exhibit 60, signed "R. Davies," is in Robert Davies' writing—Exhibit 63 is David's writing—the lettter signed "C. Thomas" Exhibit 50, is David's writing.</p>
<hi rend="italic">Cross-examined.</hi> Different pens being used are not sufficient to account for the differences—I admit that if a man was ill or suffering from extreme nervousness it might make that difference—it is very common for people's writing to vary considerably—I do not say they are intentionally disguised, but I say they are not in David's natural writing—it might be owing to ill health.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-198" type="witnessName">
<interp inst="t19020310-name-198" type="gender" value="male"/>
<interp inst="t19020310-name-198" type="surname" value="BOYLE"/>
<interp inst="t19020310-name-198" type="given" value="GEORGE INGLIS"/>GEORGE INGLIS BOYLE</persName> </hi>. I am a messenger at the Bankruptcy Courts Carey Street—I produce the file in the bankruptcy of Robert Davies, which shows liabilities £1,337 8s. 6d. gross, and assets £20 18s. gross—he was adjudicated bankrupt March 10th, 1899—he has never received his discharge—there was a public examination, which was signed on each page in the usual way and sworn to.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. FITCH</hi>. He did not pay 10s. in the £—no application was ever made for his discharge—proofs are placed on the file for safe custody.</p>
<hi rend="smallCaps">
<persName id="t19020310-name-199" type="witnessName">
<interp inst="t19020310-name-199" type="gender" value="male"/>
<interp inst="t19020310-name-199" type="surname" value="GURRIN"/>
<interp inst="t19020310-name-199" type="given" value="THOMAS HENRY"/>THOMAS HENRY GURRIN</persName> </hi> (
<hi rend="italic">Re-examined.</hi>) The signature on the file is that of Robert Davies.</p>
<xptr type="pageFacsimile" doc="190203100044"/>
<hi rend="smallCaps">
<persName id="t19020310-name-200" type="witnessName">
<interp inst="t19020310-name-200" type="gender" value="male"/>
<interp inst="t19020310-name-2