<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<div1 type="frontMatter" id="f19021117">
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<p>Sessions Paper.</p>
<p>Short-hand Writers to the Court,</p>
<p>Law Booksellers and Publishers.</p>
<xptr type="pageFacsimile" doc="190211170002"/>
<p>On the King's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, November 17th, 1902, and following days,</p>
<p>Before the Right Hon.
<hi rend="largeCaps">
<persName id="t19021117-name-1" type="judiciaryName">
<interp inst="t19021117-name-1" type="gender" value="male"/>
<interp inst="t19021117-name-1" type="surname" value="SAMUEL"/>
<interp inst="t19021117-name-1" type="given" value="MARCUS"/>SIR MARCUS SAMUEL</persName> </hi>, Knt.,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; the Hon. Sir
<hi rend="smallCaps">JOHN CHARLES BIGHAM</hi>, one of the Justices of His Majesty's High Court; Sir
<hi rend="smallCaps">JOSEPH COCKFIELD DIMSDALE</hi>, Bart., M.P.; Sir
<hi rend="smallCaps">
<persName id="t19021117-name-2" type="judiciaryName">
<interp inst="t19021117-name-2" type="gender" value="male"/>
<interp inst="t19021117-name-2" type="surname" value="SAVORY"/>
<interp inst="t19021117-name-2" type="given" value="JOSEPH"/>JOSEPH SAVORY</persName> </hi>, Bart.; Sir
<hi rend="smallCaps">GEORGE F. FAUDEL PHILLIPS</hi>, Bart., G.C.I.E., Aldermen of the said City; Sir
<hi rend="smallCaps">FORREST FULTON</hi>, Knt., K.C., Recorder of the said City; Sir
<hi rend="smallCaps">
<persName id="t19021117-name-3" type="judiciaryName">
<interp inst="t19021117-name-3" type="gender" value="male"/>
<interp inst="t19021117-name-3" type="surname" value="RITCHIE"/>
<interp inst="t19021117-name-3" type="given" value="JAMES THOMPSON"/>JAMES THOMPSON RITCHIE</persName> </hi>, Knt.; Sir
<hi rend="smallCaps">
<persName id="t19021117-name-4" type="judiciaryName">
<interp inst="t19021117-name-4" type="gender" value="male"/>
<interp inst="t19021117-name-4" type="surname" value="BELL"/>
<interp inst="t19021117-name-4" type="given" value="JOHN CHARLES"/>JOHN CHARLES BELL</persName> </hi>, Knt.,
<hi rend="smallCaps">
<persName id="t19021117-name-5" type="judiciaryName">
<interp inst="t19021117-name-5" type="gender" value="male"/>
<interp inst="t19021117-name-5" type="surname" value="SMALLMAN"/>
<interp inst="t19021117-name-5" type="given" value="HENRY GEORGE"/>HENRY GEORGE SMALLMAN</persName> </hi>, Esq., and
<hi rend="smallCaps">
<persName id="t19021117-name-6" type="judiciaryName">
<interp inst="t19021117-name-6" type="gender" value="male"/>
<interp inst="t19021117-name-6" type="surname" value="BURNETT"/>
<interp inst="t19021117-name-6" type="given" value="DAVID"/>DAVID BURNETT</persName> </hi>, Esq., other of the Aldermen of the said City;
<hi rend="smallCaps">
<persName id="t19021117-name-7" type="judiciaryName">
<interp inst="t19021117-name-7" type="gender" value="male"/>
<interp inst="t19021117-name-7" type="surname" value="BOSANQUET"/>
<interp inst="t19021117-name-7" type="given" value="ALBERT FREDERICK"/>ALBERT FREDERICK BOSANQUET</persName> </hi>, Esq., K.C., Common Serjeant of the said City;
<hi rend="smallCaps">
<persName id="t19021117-name-8" type="judiciaryName">
<interp inst="t19021117-name-8" type="gender" value="male"/>
<interp inst="t19021117-name-8" type="surname" value="SMITH"/>
<interp inst="t19021117-name-8" type="given" value="LUMLEY"/>LUMLEY SMITH</persName> </hi>, Esq., K.C., Judge of the City of London Court; and
<hi rend="smallCaps">
<persName id="t19021117-name-9" type="judiciaryName">
<interp inst="t19021117-name-9" type="gender" value="male"/>
<interp inst="t19021117-name-9" type="surname" value="RENTOUL"/>
<interp inst="t19021117-name-9" type="given" value="JAMES ALEXANDER"/>JAMES ALEX
<lb/>ANDER RENTOUL</persName> </hi>, K.C., M.P., LL.D., Deputy Judge of the City of London Court, His Majesty's Justices of Oyer and Teminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-10" type="judiciaryName">
<interp inst="t19021117-name-10" type="gender" value="male"/>
<interp inst="t19021117-name-10" type="surname" value="TRUSCOTT"/>
<interp inst="t19021117-name-10" type="given" value="GEO WYATT"/>GEO. WYATT TRUSCOTT</persName>, KNT</hi>., Alderman.</p>
<hi rend="smallCaps">THOMAS HENRY BROOKE-HITCHING</hi>, Knt., J.P.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">ALFRED PERCY DOULTON</hi>, Esq.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-11" type="judiciaryName">
<interp inst="t19021117-name-11" type="gender" value="male"/>
<interp inst="t19021117-name-11" type="surname" value="LANGTON"/>
<interp inst="t19021117-name-11" type="given" value="JOSEPH DAVID"/>JOSEPH DAVID LANGTON</persName> </hi>, Esq.</p>
<hi rend="italic">Under Sheriffs.</hi> </p>
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi> </p>
<hi rend="largeCaps">SAMUEL, MAYOR. FIRST 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 and Tuesday, November</hi> 17
<hi rend="italic">th and</hi> 18
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<interp inst="def1-1-19021117" type="surname" value="GOODFELLOW"/>
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<hi rend="largeCaps">JOHN GOODFELLOW</hi> (40)</persName>
<rs id="t19021117-1-offence-1" type="offenceDescription">
<interp inst="t19021117-1-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19021117-1-offence-1" type="offenceSubcategory" value="forgery"/>
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<rs id="t19021117-1-verdict-1" type="verdictDescription">
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<interp inst="t19021117-1-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to forging and uttering an acceptance to a Bill of Exchange for £500;</rs>
<hi rend="italic">also</hi>
<rs id="t19021117-1-offence-2" type="offenceDescription">
<interp inst="t19021117-1-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19021117-1-offence-2" type="offenceSubcategory" value="forgery"/>to forging and uttering two letters purporting to be the writing of
<persName id="t19021117-name-13" type="victimName">
<interp inst="t19021117-name-13" type="gender" value="male"/>
<interp inst="t19021117-name-13" type="surname" value="PINK"/>
<interp inst="t19021117-name-13" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-1-offence-2 t19021117-name-13"/>Thomas Pink</persName>, with intent to defraud.</rs>
<hi rend="italic">
<rs id="t19021117-1-punishment-1" type="punishmentDescription">
<interp inst="t19021117-1-punishment-1" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-1-19021117 t19021117-1-punishment-1"/>Three years' penal servitude.</rs> </hi></p> </div1>
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<interp inst="def1-2-19021117" type="age" value="33"/>
<interp inst="def1-2-19021117" type="surname" value="BAILEY"/>
<interp inst="def1-2-19021117" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLLAM BAILEY</hi> (33)</persName>
<rs id="t19021117-2-offence-1" type="offenceDescription">
<interp inst="t19021117-2-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19021117-2-offence-1" type="offenceSubcategory" value="bigamy"/>, to marrying
<persName id="t19021117-name-15" type="victimName">
<interp inst="t19021117-name-15" type="gender" value="male"/>
<interp inst="t19021117-name-15" type="surname" value="BRYNE"/>
<interp inst="t19021117-name-15" type="given" value="HELEN CARSON"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-2-offence-1 t19021117-name-15"/>Helen Carson Bryne</persName>, his wife being then alive.</rs>
<rs id="t19021117-2-punishment-2" type="punishmentDescription">
<interp inst="t19021117-2-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-2-punishment-2" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-2-19021117 t19021117-2-punishment-2"/>
<hi rend="italic">Four years' penal servi
<lb/>tude</hi> </rs>
<rs id="t19021117-2-verdict-1" type="verdictDescription">
<interp inst="t19021117-2-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-2-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<persName id="def1-3-19021117" type="defendantName">
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<interp inst="def1-3-19021117" type="age" value="36"/>
<interp inst="def1-3-19021117" type="surname" value="HATTON"/>
<interp inst="def1-3-19021117" type="given" value="THOMAS REGINALD"/>
<hi rend="largeCaps">THOMAS REGINALD HATTON</hi> (36)</persName>
<rs id="t19021117-3-offence-1" type="offenceDescription">
<interp inst="t19021117-3-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19021117-3-offence-1" type="offenceSubcategory" value="fraud"/>, to obtaining by false pretences from
<persName id="t19021117-name-17" type="victimName">
<interp inst="t19021117-name-17" type="gender" value="male"/>
<interp inst="t19021117-name-17" type="surname" value="JONES"/>
<interp inst="t19021117-name-17" type="given" value="LLEWELLYN"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-3-offence-1 t19021117-name-17"/>Llewellyn Jones</persName> £1, from
<persName id="t19021117-name-18" type="victimName">
<interp inst="t19021117-name-18" type="gender" value="male"/>
<interp inst="t19021117-name-18" type="surname" value="PETCH"/>
<interp inst="t19021117-name-18" type="given" value="ALBANY"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-3-offence-1 t19021117-name-18"/>Albany Petch</persName> £1, and from
<persName id="t19021117-name-19" type="victimName">
<interp inst="t19021117-name-19" type="gender" value="male"/>
<interp inst="t19021117-name-19" type="surname" value="ROWE"/>
<interp inst="t19021117-name-19" type="given" value="FRANK"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-3-offence-1 t19021117-name-19"/>Frank Rowe</persName> 10s., with intent to defraud,</rs> having been convicted of felony at Liverpool on November 27th, 1897.
<rs id="t19021117-3-punishment-3" type="punishmentDescription">
<interp inst="t19021117-3-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-3-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-3-19021117 t19021117-3-punishment-3"/>
<hi rend="italic">Nine months' hard labour.</hi> </rs>
<rs id="t19021117-3-verdict-1" type="verdictDescription">
<interp inst="t19021117-3-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-3-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<persName id="def1-4-19021117" type="defendantName">
<interp inst="def1-4-19021117" type="gender" value="male"/>
<interp inst="def1-4-19021117" type="age" value="42"/>
<interp inst="def1-4-19021117" type="surname" value="THOMPSON"/>
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<hi rend="largeCaps">WILLIAM THOMPSON</hi> (42)</persName>
<rs id="t19021117-4-offence-1" type="offenceDescription">
<interp inst="t19021117-4-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19021117-4-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering an order for the payment of £15;</rs>
<hi rend="italic">also</hi>
<rs id="t19021117-4-offence-2" type="offenceDescription">
<interp inst="t19021117-4-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19021117-4-offence-2" type="offenceSubcategory" value="stealingFromMaster"/>to stealing a necklace and other articles, the property of
<persName id="t19021117-name-21" type="victimName">
<interp inst="t19021117-name-21" type="gender" value="male"/>
<interp inst="t19021117-name-21" type="surname" value="PEARSE"/>
<interp inst="t19021117-name-21" type="given" value="FRANCIS JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-4-offence-2 t19021117-name-21"/>Francis James Pearse</persName>, his master,</rs> having been convicted of felony at Lewes on August 4th, 1891.
<hi rend="italic">The prisoner was stated to be a most dangerous man, and a member of a dangerous gang of criminals.
<rs id="t19021117-4-punishment-4" type="punishmentDescription">
<interp inst="t19021117-4-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-4-punishment-4" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-19021117 t19021117-4-punishment-4"/>Seven years' penal servitude as an habitual criminal.</rs> </hi>
<rs id="t19021117-4-verdict-1" type="verdictDescription">
<interp inst="t19021117-4-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-4-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<persName id="def1-5-19021117" type="defendantName">
<interp inst="def1-5-19021117" type="gender" value="male"/>
<interp inst="def1-5-19021117" type="age" value="20"/>
<interp inst="def1-5-19021117" type="surname" value="PERRY"/>
<interp inst="def1-5-19021117" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD PERRY</hi> (20)</persName> and
<persName id="def2-5-19021117" type="defendantName">
<interp inst="def2-5-19021117" type="gender" value="male"/>
<interp inst="def2-5-19021117" type="age" value="23"/>
<interp inst="def2-5-19021117" type="surname" value="HOY"/>
<interp inst="def2-5-19021117" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED HOY</hi> (23)</persName>
<rs id="t19021117-5-offence-1" type="offenceDescription">
<interp inst="t19021117-5-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19021117-5-offence-1" type="offenceSubcategory" value="pocketpicking"/>, to stealing a watch from the person of
<persName id="t19021117-name-24" type="victimName">
<interp inst="t19021117-name-24" type="gender" value="male"/>
<interp inst="t19021117-name-24" type="surname" value="SIMONS"/>
<interp inst="t19021117-name-24" type="given" value="ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-5-offence-1 t19021117-name-24"/>Arthur Simons</persName>,</rs> Hoy having been convicted of felony at Clerkenwell on May 7th, 1901, another conviction was proved against him.
<hi rend="italic">Three previous convictions were proved against Perry.</hi>
<hi rend="largeCaps">HOY</hi>†,
<rs id="t19021117-5-punishment-5" type="punishmentDescription">
<interp inst="t19021117-5-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-5-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-5-19021117 t19021117-5-punishment-5"/>
<hi rend="italic">Three years' penal servitude:</hi> </rs>
<hi rend="largeCaps">PERRY</hi>†,
<rs id="t19021117-5-punishment-6" type="punishmentDescription">
<interp inst="t19021117-5-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-5-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-5-19021117 t19021117-5-punishment-6"/>
<hi rend="italic">Eighteen months' hard labour.</hi> </rs>
<rs id="t19021117-5-verdict-1" type="verdictDescription">
<interp inst="t19021117-5-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<persName id="def1-6-19021117" type="defendantName">
<interp inst="def1-6-19021117" type="gender" value="male"/>
<interp inst="def1-6-19021117" type="surname" value="POLLOCK"/>
<interp inst="def1-6-19021117" type="given" value="ALEXANDER WILLIAM"/>
<interp inst="def1-6-19021117" type="occupation" value="post office worker"/>
<hi rend="largeCaps">ALEXANDER WILLIAM POLLOCK</hi> </persName>
<rs id="t19021117-6-offence-1" type="offenceDescription">
<interp inst="t19021117-6-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19021117-6-offence-1" type="offenceSubcategory" value="mail"/>, to stealing, whilst employed under the Post Office, a post letter containing a florin, a 6d., and ten stamps, the property of the
<persName id="t19021117-name-26" type="victimName">
<interp inst="t19021117-name-26" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-6-offence-1 t19021117-name-26"/>Postmaster General</persName>.</rs>
<hi rend="italic">He received a good character.
<rs id="t19021117-6-punishment-7" type="punishmentDescription">
<interp inst="t19021117-6-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-6-punishment-7" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19021117 t19021117-6-punishment-7"/>Nine months' hard labour.</rs> </hi>
<rs id="t19021117-6-verdict-1" type="verdictDescription">
<interp inst="t19021117-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-6-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t19021117-7">
<interp inst="t19021117-7" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-7" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-7-charge-1" targOrder="Y" targets="def1-7-19021117 t19021117-7-offence-1 t19021117-7-verdict-1"/>
<persName id="def1-7-19021117" type="defendantName">
<interp inst="def1-7-19021117" type="gender" value="male"/>
<interp inst="def1-7-19021117" type="age" value="30"/>
<interp inst="def1-7-19021117" type="surname" value="HANDLEY"/>
<interp inst="def1-7-19021117" type="given" value="GEORGE EDWARD"/>
<hi rend="largeCaps">GEORGE EDWARD HANDLEY</hi> (30)</persName>
<rs id="t19021117-7-offence-1" type="offenceDescription">
<interp inst="t19021117-7-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19021117-7-offence-1" type="offenceSubcategory" value="fraud"/>, to obtaining by false pretences £2 2s. from
<persName id="t19021117-name-28" type="victimName">
<interp inst="t19021117-name-28" type="gender" value="male"/>
<interp inst="t19021117-name-28" type="surname" value="HALL"/>
<interp inst="t19021117-name-28" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-7-offence-1 t19021117-name-28"/>Frederick Hall</persName>, and £1 1s. from
<persName id="t19021117-name-29" type="victimName">
<interp inst="t19021117-name-29" type="gender" value="male"/>
<interp inst="t19021117-name-29" type="surname" value="COOK"/>
<interp inst="t19021117-name-29" type="given" value="WILLIAM THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-7-offence-1 t19021117-name-29"/>William Thomas Cook</persName> </rs>
<hi rend="italic">A previous conviction was proved against him.
<rs id="t19021117-7-punishment-8" type="punishmentDescription">
<interp inst="t19021117-7-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-7-punishment-8" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-19021117 t19021117-7-punishment-8"/>Nine months' hard labour.</rs> </hi>
<rs id="t19021117-7-verdict-1" type="verdictDescription">
<interp inst="t19021117-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-7-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t19021117-8">
<interp inst="t19021117-8" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-8" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-8-charge-1" targOrder="Y" targets="def1-8-19021117 t19021117-8-offence-1 t19021117-8-verdict-1"/>
<join result="criminalCharge" id="t19021117-8-charge-2" targOrder="Y" targets="def2-8-19021117 t19021117-8-offence-1 t19021117-8-verdict-1"/>
<join result="criminalCharge" id="t19021117-8-charge-3" targOrder="Y" targets="def3-8-19021117 t19021117-8-offence-1 t19021117-8-verdict-1"/>
<persName id="def1-8-19021117" type="defendantName">
<interp inst="def1-8-19021117" type="gender" value="male"/>
<interp inst="def1-8-19021117" type="age" value="16"/>
<interp inst="def1-8-19021117" type="surname" value="CHAPMAN"/>
<interp inst="def1-8-19021117" type="given" value="JAMES ALBERT"/>
<hi rend="largeCaps">JAMES ALBERT CHAPMAN</hi> (16)</persName>,
<persName id="def2-8-19021117" type="defendantName">
<interp inst="def2-8-19021117" type="gender" value="male"/>
<interp inst="def2-8-19021117" type="age" value="14"/>
<interp inst="def2-8-19021117" type="surname" value="AVERY"/>
<interp inst="def2-8-19021117" type="given" value="SIDNEY CHARLES"/>
<hi rend="largeCaps">SIDNEY CHARLES AVERY</hi> (14)</persName>, and
<persName id="def3-8-19021117" type="defendantName">
<interp inst="def3-8-19021117" type="gender" value="male"/>
<interp inst="def3-8-19021117" type="age" value="14"/>
<interp inst="def3-8-19021117" type="surname" value="SOUTHION"/>
<interp inst="def3-8-19021117" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SOUTHION</hi> (14)</persName>
<rs id="t19021117-8-offence-1" type="offenceDescription">
<interp inst="t19021117-8-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19021117-8-offence-1" type="offenceSubcategory" value="forgery"/>, to forging, and uttering two bankers' cheques of £70 and £53 5s. with intent to defraud.</rs>
<hi rend="italic">They received good characters.</hi>
<hi rend="largeCaps">CHAPMAN</hi>,
<rs id="t19021117-8-punishment-9" type="punishmentDescription">
<interp inst="t19021117-8-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-8-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19021117 t19021117-8-punishment-9"/>
<hi rend="italic">Eight months in in the second division.</hi> </rs>
<hi rend="largeCaps">AVERY</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">SOUTHION</hi>,
<rs id="t19021117-8-punishment-10" type="punishmentDescription">
<interp inst="t19021117-8-punishment-10" type="punishmentCategory" value="noPunish"/>
<interp inst="t19021117-8-punishment-10" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-8-19021117 t19021117-8-punishment-10"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-8-19021117 t19021117-8-punishment-10"/>
<hi rend="italic">Judgment respited.</hi> </rs>
<rs id="t19021117-8-verdict-1" type="verdictDescription">
<interp inst="t19021117-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-8-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t19021117-9">
<interp inst="t19021117-9" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-9" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-9-charge-1" targOrder="Y" targets="def1-9-19021117 t19021117-9-offence-1 t19021117-9-verdict-1"/>
<join result="criminalCharge" id="t19021117-9-charge-2" targOrder="Y" targets="def1-9-19021117 t19021117-9-offence-2 t19021117-9-verdict-1"/>
<xptr type="pageFacsimile" doc="190211170004"/>
<persName id="def1-9-19021117" type="defendantName">
<interp inst="def1-9-19021117" type="gender" value="male"/>
<interp inst="def1-9-19021117" type="age" value="27"/>
<interp inst="def1-9-19021117" type="surname" value="RICHARDSON"/>
<interp inst="def1-9-19021117" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK RICHARDSON</hi> (27)</persName>
<rs id="t19021117-9-offence-1" type="offenceDescription">
<interp inst="t19021117-9-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19021117-9-offence-1" type="offenceSubcategory" value="housebreaking"/>, to attempting to break and enter the dwelling house of
<persName id="t19021117-name-34" type="victimName">
<interp inst="t19021117-name-34" type="gender" value="male"/>
<interp inst="t19021117-name-34" type="surname" value="BURTON"/>
<interp inst="t19021117-name-34" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-9-offence-1 t19021117-name-34"/>Thomas Burton</persName>, with intent to steal therein:</rs>
<hi rend="italic">also</hi>
<rs id="t19021117-9-offence-2" type="offenceDescription">
<interp inst="t19021117-9-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19021117-9-offence-2" type="offenceSubcategory" value="extortion"/>to feloniously sending to
<persName id="t19021117-name-35" type="victimName">
<interp inst="t19021117-name-35" type="gender" value="male"/>
<interp inst="t19021117-name-35" type="surname" value="LEWIS"/>
<interp inst="t19021117-name-35" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-9-offence-2 t19021117-name-35"/>John Lewis</persName> a letter demanding; money with menaces.</rs>
<hi rend="italic">Six previous convictions were proved against him.
<rs id="t19021117-9-punishment-11" type="punishmentDescription">
<interp inst="t19021117-9-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-9-punishment-11" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-19021117 t19021117-9-punishment-11"/>Eighteen months' hard labour on the second indictment.</rs>
<rs id="t19021117-9-punishment-12" type="punishmentDescription">
<interp inst="t19021117-9-punishment-12" type="punishmentCategory" value="noPunish"/>
<interp inst="t19021117-9-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-19021117 t19021117-9-punishment-12"/>No sentence was passed on the first indictment.</rs> </hi>
<rs id="t19021117-9-verdict-1" type="verdictDescription">
<interp inst="t19021117-9-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-9-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> And</p> </div1>
<div1 type="trialAccount" id="t19021117-10">
<interp inst="t19021117-10" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-10" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-10-charge-1" targOrder="Y" targets="def1-10-19021117 t19021117-10-offence-1 t19021117-10-verdict-1"/>
<persName id="def1-10-19021117" type="defendantName">
<interp inst="def1-10-19021117" type="gender" value="male"/>
<interp inst="def1-10-19021117" type="age" value="19"/>
<interp inst="def1-10-19021117" type="surname" value="WHITEHEAD"/>
<interp inst="def1-10-19021117" type="given" value="JESSIE"/>
<hi rend="largeCaps">JESSIE WHITEHEAD</hi> (19)</persName>
<rs id="t19021117-10-offence-1" type="offenceDescription">
<interp inst="t19021117-10-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19021117-10-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering an order, knowing it to be forged, for the payment of £5 with intent to defraud. </rs>
<rs id="t19021117-10-punishment-13" type="punishmentDescription">
<interp inst="t19021117-10-punishment-13" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19021117-10-punishment-13" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-10-19021117 t19021117-10-punishment-13"/>
<hi rend="italic">Discharged on recognisances.</hi> </rs>
<rs id="t19021117-10-verdict-1" type="verdictDescription">
<interp inst="t19021117-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-10-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t19021117-11">
<interp inst="t19021117-11" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-11" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-11-charge-1" targOrder="Y" targets="def1-11-19021117 t19021117-11-offence-1 t19021117-11-verdict-1"/>
<persName id="def1-11-19021117" type="defendantName">
<interp inst="def1-11-19021117" type="gender" value="male"/>
<interp inst="def1-11-19021117" type="age" value="20"/>
<interp inst="def1-11-19021117" type="surname" value="ABRAHAMS"/>
<interp inst="def1-11-19021117" type="given" value="ERNEST ALFRED"/>
<hi rend="largeCaps">ERNEST ALFRED ABRAHAMS</hi> (20)</persName>
<rs id="t19021117-11-offence-1" type="offenceDescription">
<interp inst="t19021117-11-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19021117-11-offence-1" type="offenceSubcategory" value="robbery"/>, Assaulting
<persName id="t19021117-name-38" type="victimName">
<interp inst="t19021117-name-38" type="gender" value="male"/>
<interp inst="t19021117-name-38" type="surname" value="JAMES"/>
<interp inst="t19021117-name-38" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-11-offence-1 t19021117-name-38"/>Richard James</persName> and stealing from his person an overcoat, a handkerchief and other articles, and 1s., his property.</rs> </p>
<hi rend="smallCaps">MR. HAZELL</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t19021117-name-39" type="witnessName">
<interp inst="t19021117-name-39" type="gender" value="male"/>
<interp inst="t19021117-name-39" type="surname" value="JAMES"/>
<interp inst="t19021117-name-39" type="given" value="RICHARD"/>RICHARD JAMES</persName> </hi>. I am a tobacconist's packer, and live at 42, Peacock Street, Newington Butts—early on the Sunday morning of October 25th I was going along Kennington Road—about half a dozen fellows sprang out on me and took me into a doorway—they said they would murder me if I made any noise—they sat me down and took my coat and boots off and my watch and chain away, and a gold signet ring off my finger—I was so frightened I ran home—I did not catch sight of any of their faces—they were rather rough—I had only a scratch on my arm—this (
<hi rend="italic">Produced</hi>) is my coat and my watch—in the coat there was a pouch of tobacco and a silk handkerchief—they were not in the coat when I got it again—I live about ten minutes' walk from where this took place—I com
<lb/>municated with the police on the Sunday morning and gave a description of the property I had lost.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-40" type="witnessName">
<interp inst="t19021117-name-40" type="gender" value="male"/>
<interp inst="t19021117-name-40" type="surname" value="LONG"/>
<interp inst="t19021117-name-40" type="given" value="ALFRED"/>ALFRED LONG</persName> </hi> (
<hi rend="italic">Detective Sergeant L.</hi>) The prosecutor made a complaint to me, and in consequence I arrested the prisoner on November 3
<hi rend="italic">rd</hi>—he was wearing this coat—I told him I should arrest him on suspicion of stealing this overcoat, a watch and chain, a pipe, tobacco pouch, silk handker
<lb/>chief, and other articles, from a man outside the Lambeth Baths on the early Sunday morning of October 26th—he said, "That is not my game; I suppose you got the information from somewhere; I bought this coat down Petticoat Lane a fortnight before for £1 1s."—there was nothing in the coat when I arrested him.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-41" type="witnessName">
<interp inst="t19021117-name-41" type="gender" value="male"/>
<interp inst="t19021117-name-41" type="surname" value="HILLMAN"/>
<interp inst="t19021117-name-41" type="given" value="HENRY"/>HENRY HILLMAN</persName> </hi>. I know the prisoner by sight—I have not known him very long—I knew him before October 25th—I only know him by going into a coffee-shop—on October 27th he offered to sell me this watch—I bought it from him for 4s. 6d.—he did not say where he got it from—that was in the coffee-shop.</p>
<hi rend="italic">The prisoners statement before the Magistrate.</hi> "No violence used—on October 25th I had been to the Crown concert, Albert Embankment—when it was closed me and some friends walked slowly towards Kennington Baths. All left me
<hi rend="italic">bar</hi> one. We stood there and had a cup of coffee While standing prosecutor came up He was absolutely drunk. We took</p>
<xptr type="pageFacsimile" doc="190211170005"/>
<p>off his coat and threw it on the side of the stall and walked off towards Brook Street. I took it home. Last week when I said I bought it in Petti
<lb/>coat Lane I was in drink. The chap I sold the watch to was the brother of the fellow with me, but he had nothing to do with it. I "kept them myself. I have no witnesses to call."</p>
<hi rend="smallCaps">
<persName id="t19021117-name-42" type="witnessName">
<interp inst="t19021117-name-42" type="gender" value="male"/>
<interp inst="t19021117-name-42" type="surname" value="JAMES"/>
<interp inst="t19021117-name-42" type="given" value="RICHARD"/>RICHARD JAMES</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I was not drunk on this night—I did not take my coat off and leave it on the stall—I had never seen the prisoner before.</p>
<hi rend="italic">The prisoner's defence.</hi> "If the prosecutor was not drunk, do you mean to say he would not make his report to the police until the afternoon of the next day?—if I had not taken his coat from the stall someone else would—the watch was in the pocket of the coat with a silk handkerchief and a pipe."</p>
<hi rend="italic">Evidence for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t19021117-name-43" type="witnessName">
<interp inst="t19021117-name-43" type="gender" value="male"/>
<interp inst="t19021117-name-43" type="surname" value="HILLMAN"/>
<interp inst="t19021117-name-43" type="given" value="GEORGE"/>GEORGE HILLMAN</persName> </hi> (
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>). I live at 31, Broad Street, Lambeth Walk, and am a van boy—I was at the coffee stall having a cup of coffee—the prisoner came up while I was there, then the prosecutor came up helplessly drunk, he could hardly stand on his feet—he threw off his overcoat and put it on the side of the coffee stall—he said to the prisoner, "You can have that"—he started taking his boots off, but fell on his head—the prisoner picked him up and asked him where he wanted to go, and the prosecutor said, "Penge"—I knew the prisoner when he was working as a potman—I was not one of the six men who the prosecutor says robbed him.</p>
<hi rend="italic">Cross-examined.</hi> I am the brother of the other witness named Hillman—I do not know when the watch was sold to my brother—I have not seen the watch—I have not been given any money to come here to-day—£1 has not been sent to me or to my mother—when the prosecutor began taking off his boots there was a friend of mine there named Sam Whiting—the boots were not put on the coffee stall, the coat was—I do not know what became of the boots—I did not give evidence at the police court, I was not there at all—after the prisoner was arrested and brought up to Rochester Row, Sergeant Long and another gentleman came to me—I had never seen the prosecutor before this night—I have not seen him since till yesterday—he was about fifteen minutes taking his boots off—I cannot say if he did take them off—he was stooping down—then he got up and fell over, and the prisoner picked him up—I did not see if he got his boots off, because I was in the middle of the coffee stall and the prosecutor was the other side—I did not see him without his boots—I do not say that they were ever off—when I last saw him he was going towards Kennington Road—he had his boots on then—I went away then—the prisoner did not put the prosecutor's coat on—I did not see him do any
<lb/>thing with it—I do not know the name of the coffee stall keeper—the stall is outside the Lambeth Baths—I think he is there every night—I am not a friend of the prisoner—I did not tell my brother about the story of the coat and the watch—he did not tell me he had purchased the watch—the prisoner did not tell me where he found the watch—I was not in his company that night.</p>
<xptr type="pageFacsimile" doc="190211170006"/>
<hi rend="smallCaps">
<persName id="t19021117-name-44" type="witnessName">
<interp inst="t19021117-name-44" type="gender" value="male"/>
<interp inst="t19021117-name-44" type="surname" value="WHITING"/>
<interp inst="t19021117-name-44" type="given" value="SAMUEL"/>SAMUEL WHITING</persName> </hi>. I am a caster—I work at the British Syphon Com
<lb/>pany, and live at 103, Tower Street, Lambeth—on this night I was having a cup of tea at the coffee stall with my friend the last witness—the prisoner came up and had a cup of coffee—then the prosecutor came up and took his overcoat off and placed it on the coffee stall, and said to the prisoner, "Here you are, you can have that"—he started taking off his boots, and he fell over-the prisoner picked him up and asked him where he wanted to go—he said, "Penge," and he walked away into Kennington Road—
<hi rend="italic">me</hi> and my friend left—I cannot say if the prosecutor had got his boots on when he left—he left his coat behind him.</p>
<hi rend="italic">Cross-examined.</hi> I did not give evidence at the police court—I was there with my friend—I was not in the police court—the detective went to see my friend on the Saturday night, and my friend told him who I was, and I was told I was to go and give evidence as well—this occurrence took place on the 25th, which was a Saturday—I am not certain of the time—I did not know the prisoner before—I had never seen him before—I was there for about fifteen minutes—the prosecutor was not there the whole of the time—I do not know how long he was there—as soon as he came up he went away—he was there about five minutes—he was very drunk, he could hardly stand on his feet—when he started taking off his boots he fell—I did not pick him up—I had seen the prisoner that afternoon for the first time—I next saw the prosecutor yesterday morning—I did not recognise him for certain then—I am sure of him now.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. He started taking his boots off—I cannot say if he took them off—I was the other side of the stall—I have not been to the coffee stall since, that was the first time I had been there.</p>
<hi rend="italic">The prisoner, in his defence on oath, said that he was at the coffee-stall when the prosecutor came up speechless drunk; that he took off his coat and threw it on the coffee stall and said, "You can have that"; that he went into the road and started taking one of his boots off; that he asked the way to Penge; that he had his boots on when he went away, but left his coat on the stall, so he (the prisoner) picked it up; that it was not true that he had bought it in Petticoat Lane; that the watch, the handkerchief, and the pouch were all in the pocket of the coat; that he sold the watch to Hillman and gave the other things away, but he did not remember who to; and that he did not do any work, but got an allowance from his mother and other people.</hi> </p>
<hi rend="italic">Evidence in Reply.</hi> </p>
<hi rend="smallCaps">
<persName id="t19021117-name-45" type="witnessName">
<interp inst="t19021117-name-45" type="gender" value="male"/>
<interp inst="t19021117-name-45" type="surname" value="JAMES"/>
<interp inst="t19021117-name-45" type="given" value="RICHARD"/>RICHARD JAMES</persName> </hi> (
<hi rend="italic">Re-examined.</hi>) On this evening I had been all round the West to see the sights—it was Procession Day—I was sober—I did not go to any coffee stall that night—my mother was at home when I returned—she was in bed, but she heard me come in.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-46" type="witnessName">
<interp inst="t19021117-name-46" type="gender" value="female"/>
<interp inst="t19021117-name-46" type="surname" value="JAMES"/>
<interp inst="t19021117-name-46" type="given" value="MARY ELIZABETH"/>MARY ELIZABETH JAMES</persName> </hi>. Jam the prosecutor's mother—I heard him come in on October 26th—I did not notice anything unusual in his tread—a pair of his boots were missing next morning—he is a good and sober son—he was 21 last June—I have never seen him drunk or the worse for drink—he always carried his watch in his waistcoat pocket.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-47" type="witnessName">
<interp inst="t19021117-name-47" type="gender" value="male"/>
<interp inst="t19021117-name-47" type="surname" value="CROSS"/>
<interp inst="t19021117-name-47" type="given" value="JOSEPH"/>JOSEPH CROSS</persName> </hi>. I live at 21, Warwick Street and keep two coffee stalls—one of them is at the corner of Lambeth Road—I was at that one from</p>
<xptr type="pageFacsimile" doc="190211170007"/>
<p>10 p.m. to 2 a.m. on October 25th—a coat was not placed on my stall on that night—a coat might be placed on the wheel without my seeing it, but not on my stall—a man did not come up to my stall speechlessly drunk—the wheels of the stall are close to the kerb and close to the stall; the counter turns on hinges, it does not touch the wheel at all—a coat could be put between the wheel and the counter—I did not see a man fall down outside my stall—I have never seen the prisoner or the prosecutor before.</p>
<hi rend="italic">By the Jury.</hi> The counter of the stall stands off about six inches from the wheel—there are two wheels.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-48" type="witnessName">
<interp inst="t19021117-name-48" type="gender" value="male"/>
<interp inst="t19021117-name-48" type="surname" value="ENWRIGHT"/>
<interp inst="t19021117-name-48" type="given" value="WILLIAM"/>WILLIAM ENWRIGHT</persName> </hi>. I am a packer, and live at 40, Turner Buildings Westminster—I know the prosecutor—I saw him twice on October 25th—at 12.15 that night I left him at the corner of Parliament Street, which is about ten or twelve minutes from the Kennington Baths—he was per
<lb/>fectly sober—I had been in his company since 11.30—he came to the West End Theatre where I am employed, and I saw him then—I was on duty till 11.50, and I remained with him till 12.15—he was talking rationally to me.</p>
<hi rend="italic">Cross-examined.</hi> I was not here to give evidence yesterday.</p>
<hi rend="smallCaps">
<rs id="t19021117-11-verdict-1" type="verdictDescription">
<interp inst="t19021117-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-11-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.†
<hi rend="italic">He then</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of felony at South London Sessions on October</hi> 9
<hi rend="italic">th</hi>, 1901,
<hi rend="italic">and another conviction was proved against him.
<rs id="t19021117-11-punishment-14" type="punishmentDescription">
<interp inst="t19021117-11-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-11-punishment-14" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-19021117 t19021117-11-punishment-14"/>Seven years' penal servitude.</rs> </hi> </p>
<hi rend="italic">The Recorder ordered the police to report the case to the Commissioner, so that the facts should be brought to the notice of the Public Prosecutor, in case he should think it proper to prosecute the witnesses for the defence, for perjury.</hi> </p> </div1>
<div1 type="trialAccount" id="t19021117-12">
<interp inst="t19021117-12" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-12" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-12-charge-1" targOrder="Y" targets="def1-12-19021117 t19021117-12-offence-1 t19021117-12-verdict-1"/>
<persName id="def1-12-19021117" type="defendantName">
<interp inst="def1-12-19021117" type="gender" value="male"/>
<interp inst="def1-12-19021117" type="age" value="48"/>
<interp inst="def1-12-19021117" type="surname" value="MORGAN"/>
<interp inst="def1-12-19021117" type="given" value="SAMPSON"/>
<hi rend="largeCaps">SAMPSON MORGAN</hi> (48)</persName>
<rs id="t19021117-12-offence-1" type="offenceDescription">
<interp inst="t19021117-12-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19021117-12-offence-1" type="offenceSubcategory" value="libel"/>, Unlawfully and maliciously writing and publishing a defamatory libel of and concerning the
<persName id="t19021117-name-50" type="victimName">
<interp inst="t19021117-name-50" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-12-offence-1 t19021117-name-50"/>Electrician Printing and Publishing Co., Ltd.</persName>, and of the directors of that company.</rs> </p>
<hi rend="smallCaps">MR. MUIR</hi>
<hi rend="italic">Prosecuted; and</hi>
<hi rend="smallCaps">MR. YOUNG</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="italic">Mr. Young applied to quash the indictment as it was bad, as the defendant was indicted for libelling a publishing company, but only the directors were named in the indictment and not the whole of the company, and referred to Reg. v. Gathercole</hi> (2
<hi rend="italic">Lewin, page</hi> 237),
<hi rend="italic">and submitted that there was no connection in the letter written to Sir John Pender, a director, and the company;</hi>
<hi rend="smallCaps">THE RECORDER</hi>
<hi rend="italic">held that the indictment was good, and declined to quash it. </hi>
<rs id="t19021117-12-verdict-1" type="verdictDescription">
<interp inst="t19021117-12-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-12-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>
<hi rend="italic">The prisoner thereupon withdrew his plea and</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to publishing a libel of and concerning Sir
<persName id="t19021117-name-51" type="victimName">
<interp inst="t19021117-name-51" type="gender" value="male"/>
<interp inst="t19021117-name-51" type="surname" value="PENDER"/>
<interp inst="t19021117-name-51" type="given" value="JOHN"/>
<interp inst="t19021117-name-51" type="occupation" value="company director"/>John Pender</persName>, and the Jury returned a verdict to that effect.</hi> </rs>
<rs id="t19021117-12-punishment-15" type="punishmentDescription">
<interp inst="t19021117-12-punishment-15" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19021117-12-punishment-15" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-12-19021117 t19021117-12-punishment-15"/>
<hi rend="italic">Discharged on recognisances.</hi> </rs> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, November</hi> 17
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t19021117-13">
<interp inst="t19021117-13" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-13" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-13-charge-1" targOrder="Y" targets="def1-13-19021117 t19021117-13-offence-1 t19021117-13-verdict-1"/>
<persName id="def1-13-19021117" type="defendantName">
<interp inst="def1-13-19021117" type="gender" value="male"/>
<interp inst="def1-13-19021117" type="age" value="43"/>
<interp inst="def1-13-19021117" type="surname" value="PRINCE"/>
<interp inst="def1-13-19021117" type="given" value="EDWIN PHINEAS"/>
<hi rend="largeCaps">EDWIN PHINEAS PRINCE</hi> (43)</persName>
<rs id="t19021117-13-offence-1" type="offenceDescription">
<interp inst="t19021117-13-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19021117-13-offence-1" type="offenceSubcategory" value="forgery"/>, Forging and uttering an order for the delivery of a book with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. MUIR</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. LEYCESTER</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. WRIGHT</hi>
<hi rend="italic">Defended</hi>
<hi rend="smallCaps">BERTRAM GEORGE JAMES BRANWIN</hi>. I am assistant manager to Robert</p>
<xptr type="pageFacsimile" doc="190211170008"/>
<p>Phillips and others who trade as the Gresham Publishing Co., London—the prisoner was a canvasser employed by them—it was his duty to obtain orders in writing for publications issued by the firm—his commission was 20 1/2 per cent., 16 per cent on account, and the balance, at the end of the time, usually at the end of each month—on August 30th I saw him in the office and he produced these four orders—(
<hi rend="italic">These were orders from, W. O. G.; W. R. Thornton, and Silas Shales, for books, upon which the first deposit was paid, stating that they were still the company's properly until the whole amount was paid, and were signed E. P. Prince.</hi>)—that is the prisoner's signature—I believed them to be genuine, and paid him. £4 7s. and took this receipt from him—in the usual course I handed these orders on to be enquired about, and I think Mr. Watson did so in this case—we wrote to the prisoner, "Without you are at this office to-morrow morning, we shall instruct our solicitor"—the next day would be September 5th—the prisoner did not come and I went to his address, which was on our books—he had gone away, leaving another address—I went there and saw him; I said, "You know what I have come about?"—he said, "I expected you, I know I have done wrong; I am sorry"—I said, "You will have to come at 10 o'clock to-morrow morning and see the manager"—he said, "Yes; I can't take you in, because my wife knows nothing about the matter—he came on Saturday, the 6th, and the conversation was addressed to Mr. Watson, who said, "What explanation have you to give?"—he said "I have done wrong, I am very sorry"—Mr. Watson said that he could not entertain any proposal from him—Prince had offered him £10 not to prosecute him, and Mr. Watson declined—I spoke to Prince—he said, "Two are fictitious and one is not"—we had not then verified these orders—I asked him if the former orders he took were good or bad—he replied that two of them were wrong or fictitious and one was genuine—Mr. Watson said, "If you have anything to say put it in writing and I will advise my solicitor," and the prisoner wrote something and handed it to Mr. Watson—this is it (
<hi rend="italic">Exhibit</hi> 4)—he then left—he came once or twice afterwards, and I saw him—on September 30th a warrant was applied for against him in respect of these four orders.</p>
<hi rend="italic">Cross-examined.</hi> I have been in the company's service since March, 1881, except for a time—I was also in their service when Mr. Le Barr was manager—he asked me to resign, and paid me a month's money—the signature should be that of the person giving the order—I know the prisoner's writing perfectly well—I doubt whether the signatures to these four orders are all in the same writing, and that writing the prisoner's—my impression is that they are not, and I do not think they are all in the same writing—we send a great many orders away before the collector calls to see whether they are genuine—I made no attempt to induce the prisoner to offer money to settle the matter, nor had I the power to take it—I had ascertained by September 24th that they were bogus orders—he was in the employ of the Caxton, and I asked him to come into our service after he had written to me—I suggested that he would he deprived of money by the people he was serving—I knew on September 4th that these were bogus orders, and yet no warrant was issued till October 3rd, because we</p>
<xptr type="pageFacsimile" doc="190211170009"/>
<p>were making inquiries about orders he had taken previously at Dover—I had no difficulty whatever in finding his address—Mr. Whitcott's name was mentioned as being the company's solicitor, and Mr. Watson tele
<lb/>phoned to him to see if he was there, I think—Mr. Watson told the prisoner to go to Mr. Whitcott's office and make an appointment—I do not know whether that was done to see whether the £10 would be taken—I went to Mr. Whitcott and explained the matter—I gave the prisoner Mr. Whit
<lb/>cott's address, 110, Cannon Street—I know of no case of publishing companies permitting bogus orders to be sent in by the travellers and replaced by genuine orders—I have been prosecuted, and convicted and fined—the prisoner was in my service at one time—I never had bogus or forged orders in my possession—this (
<hi rend="italic">Produced</hi>) is a book which I make entries in—they are in my writing the year before last—I have written "Forgery, no order" against the order of Mr. Ridge by one of our can
<lb/>vassers—I could not afford to prosecute in that case—I do not remember allowing a good order to be substituted for that, and paying the commission—I do not remember the case of Davis on December 8th, 1900, or writing "Forgery" against it—I believe such was the case, but I had thousands of orders, and I do not remember—I have possibly written the word "Bad" there—the word "Forgery" is written against an order given to Branwin on November 16th, 1901—I have not prosecuted in any of those cases—I did not receive the money back in all of them—the word "Forgery" in my writing is against the name of Peel on January 12th, 1901—those sums are all by the same canvasser—this order of Kelly's is marked "Not known at address," and Marshall's is marked "Not known at the George address"—we had travellers named Wood, Chivers, McDonald, Jones, Barcough, Barnes, and Simmons, temporarily in the employ—I cannot remember whether any of them delivered forged orders—we had not many fictitious orders brought by our travellers—against Williams' name is written "Not known at Old Kent Road Station," that is the address given by the canvasser—(
<hi rend="italic">Other names marked "Not known" or "Gone away" and "Denied giving order" were read to the witness.</hi>)—Wood's order is marked"Under age, no use"—during this time the prisoner was in our service—James Sidney Malcomb was in our employ—I was not in the employ in Mr. Marsham's time—I do not know a man named Bridger who was there—the prisoner did not tell me that he could not get the £10 and ask for further time—he asked me about it, and I referred him to my solicitor—I had no power to arrange it—I am not prosecuting.</p>
<hi rend="italic">Re-examined.</hi> I had no power to decide whether a man was to be prosecuted or not—it was in January, 1898, that I was prosecuted—I was lined £5—I was then in the service of my present employers, and I was taken back the next day into the same employment, and am still in their service.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-53" type="witnessName">
<interp inst="t19021117-name-53" type="gender" value="male"/>
<interp inst="t19021117-name-53" type="surname" value="WATSON"/>
<interp inst="t19021117-name-53" type="given" value="CHARLES HENRY"/>CHARLES HENRY WATSON</persName> </hi>. I am the London district manager of the Gresham Publishing Company—the first I had to do with this matter was receiving the report from Champion—I saw the prisoner in my office on the Saturday and spoke to him about this—he said that he was sorry, that they were forgeries, and pleaded that he was not responsible, and that</p>
<xptr type="pageFacsimile" doc="190211170010"/>
<p>he would make reparation—I told him I could do nothing without legal advice, and that anything he had to say must be put in writing—I did that to get rid of him—I saw him two or three times after that and he still pleaded—I reported the matter to Mr. Phillips the first time he came, and it was left to him to advise what was to be done.</p>
<hi rend="italic">Cross-examined.</hi> I will swear he used the word "Forgery"—I was not asked about it before—when the £10 was mentioned I altogether refused to entertain the suggestion of compromise—our sending him to our solicitor was a device for getting rid of the man, and to get rid of him Mr. Branwin and I went to Mr. Whitcott on the matter—we did not meet the prisoner downstairs and tell him to go up and see Mr. Whitcott—no application to prosecute was made till October, because we had to satisfy ourselves—we got the evidence before we prosecuted—we did not give the prisoner time to get the money—we afterwards went to another solicitor.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-54" type="witnessName">
<interp inst="t19021117-name-54" type="gender" value="male"/>
<interp inst="t19021117-name-54" type="surname" value="WHITCOTT"/>
<interp inst="t19021117-name-54" type="given" value="GORDON CUMMING"/>GORDON CUMMING WHITCOTT</persName> </hi>. I am a solicitor of 110, Cannon Street, and usually act for the Gresham Publishing Company—I saw the prisoner about September 7th or 10th—he said that he wished to pay £10 if the prosecutors would take him back into their service—I did not make him any promise that I would advise my clients to accept money.</p>
<hi rend="italic">Cross-examined.</hi> I had two or three interviews with him—the question of payment was not discussed on each occasion—I did not get instructions to take £10—I saw Mr. Watson and Mr. Branwin, but not Mr. Phillips or Mr. Blackie.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-55" type="witnessName">
<interp inst="t19021117-name-55" type="gender" value="male"/>
<interp inst="t19021117-name-55" type="surname" value="CHAMPION"/>
<interp inst="t19021117-name-55" type="given" value="ROBERT JOHN"/>ROBERT JOHN CHAMPION</persName> </hi>. I am a collector and exhibitor for the eastern district of the Gresham Publishing Company—it is part of my duty to enquire into the ability to pay of persons giving orders—it may be a day afterwards or it may be by rotation—these four orders were handed to me on September, and I went round next day by special instructions—in one case there was no such name in Bow Lane, and the second case was not known—Thornton was not known, and there was no such number in the road—I reported accordingly—I left the orders with a lady, a school teacher, and I had not found them when I gave evidence before the Alderman—I found them the following day.</p>
<hi rend="italic">Cross-examined.</hi> It was well known in the office that persons in my position were wont to call to see if the persons were responsible—it might be a month or it might be a day or two afterwards—I do not know that many bogus orders or forged orders have been given and the travellers kept on afterwards—I have been there nine years—I was satisfied that these orders were fictitious and made a report to the company on September 2nd—I cannot suggest why no proceedings were taken before October—I had made an exhaustive inquiry on September 1st or 2nd.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-56" type="witnessName">
<interp inst="t19021117-name-56" type="gender" value="male"/>
<interp inst="t19021117-name-56" type="surname" value="GURRIN"/>
<interp inst="t19021117-name-56" type="given" value="THOMAS HENRY"/>THOMAS HENRY GURRIN</persName> </hi>. I have been an expert in handwriting for many years—I have seen Exhibit 4 and also the four orders which are said to be forged, and assuming Exhibit 4 to be the prisoner's writing, I believe the four orders to be his writing; the signature to one is not his ordinary writing, but it is his—the others are in his natural writing.</p>
<xptr type="pageFacsimile" doc="190211170011"/>
<hi rend="italic">Cross-examined.</hi> The difference is that one is a little straighter than the other; it is in the same writing as the other part of the order.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-57" type="witnessName">
<interp inst="t19021117-name-57" type="gender" value="male"/>
<interp inst="t19021117-name-57" type="surname" value="WISE"/>
<interp inst="t19021117-name-57" type="given" value="JOHN"/>JOHN WISE</persName> </hi> (
<hi rend="italic">City Detective-Inspector.</hi>) I arrested the prisoner on a warrant charging him with obtaining £2 15s. 3d. by false pretences from Mr. Branwin—I read it to him—he said, "I have tried to
<hi rend="italic">square</hi> it for £10"—he took five letters from his pocket and handed them to me, and sent his wife upstairs for another.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-58" type="witnessName">
<interp inst="t19021117-name-58" type="gender" value="male"/>
<interp inst="t19021117-name-58" type="surname" value="PHILLIPS"/>
<interp inst="t19021117-name-58" type="given" value="ROBERT"/>ROBERT PHILLIPS</persName> </hi>. I am a partner with others in the Gresham Pub
<lb/>lishing Company, and exercise control over it—I have known of bogus orders being given without a prosecution, but it is so long ago that I forget; it was three or four years ago, but we do not permit the handing in of bogus orders; we invariably prosecute.</p>
<hi rend="italic">Cross-examined.</hi> If I had my books here I could tell you of five or six cases in which we prosecuted—there was one at Nottingham, and the result was eighteen calendar months—I do not take an active part in prosecutions, I leave them in Mr. Watson's hands.</p>
<hi rend="smallCaps">
<rs id="t19021117-13-verdict-1" type="verdictDescription">
<interp inst="t19021117-13-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-13-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t19021117-13-punishment-16" type="punishmentDescription">
<interp inst="t19021117-13-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-13-punishment-16" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-13-19021117 t19021117-13-punishment-16"/>Twelve months' hard labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19021117-14">
<interp inst="t19021117-14" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-14" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-14-charge-1" targOrder="Y" targets="def1-14-19021117 t19021117-14-offence-1 t19021117-14-verdict-1"/>
<persName id="def1-14-19021117" type="defendantName">
<interp inst="def1-14-19021117" type="gender" value="male"/>
<interp inst="def1-14-19021117" type="age" value="28"/>
<interp inst="def1-14-19021117" type="surname" value="WILLIAMS"/>
<interp inst="def1-14-19021117" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY WILLIAMS</hi> (28)</persName>
<rs id="t19021117-14-offence-1" type="offenceDescription">
<interp inst="t19021117-14-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19021117-14-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully possessing a mould for coining.</rs> </p>
<hi rend="smallCaps">MR. WILKINSON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t19021117-name-60" type="witnessName">
<interp inst="t19021117-name-60" type="gender" value="male"/>
<interp inst="t19021117-name-60" type="surname" value="PRIDE"/>
<interp inst="t19021117-name-60" type="given" value="GEORGE"/>GEORGE PRIDE</persName> </hi> (
<hi rend="italic">Police-Sergeant G.</hi>) On the night of September 25th I was with other officers in Wentworth Street, Spitalfields, and kept observation on 107, Wentworth Street, and saw the shadow of a man and woman on the blind of the second floor front room—I went away for assistance, and returned and went up to that room; the door was closed but not fastened—I there found Harriet Summers who was tried and convicted last Session (
<hi rend="italic">See Vol.</hi> 136,
<hi rend="italic">page</hi> 993)—I found this mould on a table—there was a fire in the grate—I also found a spoon with molten metal in it quite hot, sixteen florins, hot, on a shelf, a small piece of antimony, and some plaister of Paris—I arrested the prisoner on October 29th and told him the charge—he said, "I do not know anything about it; I know the woman, but I was not there"—going to the station he said, "How did Harriet Summers get on?"—I told him, and there was a conversation; he was taken to the station and charged.</p>
<hi rend="italic">Cross-examined by the prisoner.</hi> I got into the room about eleven o'clock—the mould had a wet bandage round it—I do not know how long the mould would take to set before it was taken out—I found the metal alongside the fireplace, but not on the hearth.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-61" type="witnessName">
<interp inst="t19021117-name-61" type="gender" value="male"/>
<interp inst="t19021117-name-61" type="surname" value="KYD"/>
<interp inst="t19021117-name-61" type="given" value="ANDREW"/>ANDREW KYD</persName> </hi> (
<hi rend="italic">Police-Inspector G.</hi>) On the night of September 25th I was in Wentworth Street and saw the prisoner near the middle of the street, opposite No. 107—Pride and other officers were there—I did not enter the house till later—I saw the prisoner behind the two officers; he stopped to look, and I saw him pass, and when they had gone he walked down a side street, and I saw nothing more
<hi rend="italic">of him</hi> that night.</p>
<hi rend="italic">Cross-examined.</hi> I am sure you are the same man; I know you by your dress and by your features.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-62" type="witnessName">
<interp inst="t19021117-name-62" type="gender" value="male"/>
<interp inst="t19021117-name-62" type="surname" value="KENWARD"/>
<interp inst="t19021117-name-62" type="given" value="JOHN"/>JOHN KENWARD</persName> </hi> (
<hi rend="italic">Police-Sergeant S.</hi>) I was in Wentworth Street</p>
<xptr type="pageFacsimile" doc="190211170012"/>
<p>about eleven o'clock with other officers, and before they entered the house I saw the prisoner in the middle of the street, and as they entered he stopped to look at them, and then walked away—I did not see him again that night—I saw him last Tuesday week at the police court with other men and identified him.</p>
<hi rend="italic">Cross-examined.</hi> You were walking down the centre of the road—I did not see you in Great Eastern Street on October 21st, and therefore did not arrest you.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-63" type="witnessName">
<interp inst="t19021117-name-63" type="gender" value="female"/>
<interp inst="t19021117-name-63" type="surname" value="HANDS"/>
<interp inst="t19021117-name-63" type="given" value="CATHERINE"/>CATHERINE HANDS</persName> </hi>. I live at G. Colesworth Street, Spitalfields, and am deputy lodging house-keeper—on September 26th I let a room to Harriet Summers at 7s. a week—none of the things were then in the room.</p>
<hi rend="italic">Cross-examined.</hi> There was no light in the passage of the house—there is no door to open to go upstairs—there were only a few pictures belonging to an old lady in the room.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-64" type="witnessName">
<interp inst="t19021117-name-64" type="gender" value="female"/>
<interp inst="t19021117-name-64" type="surname" value="SUMMERS"/>
<interp inst="t19021117-name-64" type="given" value="HARRIET"/>HARRIET SUMMERS</persName> </hi> (
<hi rend="italic">In custody.</hi>) I am undergoing a sentence of six months' imprisonment in Holloway Prison on my conviction last Session—I have known the prisoner three months and have lived with him as his wife at three lodging houses—we went from a lodging-house at Bloxham Street to Lexham Street, and back to Spitalfields on the Monday night—I took a room at 107, Wentworth Street on September 25th by myself between two and three o'clock, and went away and returned about five o'clock with the prisoner—I then went out to get some coal, leaving him there sitting in a chair—I went out again to get some tea and sugar—I saw nothing done while I was in the room with him—he was not there when the police officers came and found the things—I went out at nine o'clock and came back a little after eleven, and he was not there—I had not seen him while I was out—I received a letter while I was at Holloway—I do not know the prisoner's handwriting—I have never seen him write.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. The prisoner is the only man who was with me at 107, Wentworth Street.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-65" type="witnessName">
<interp inst="t19021117-name-65" type="gender" value="female"/>
<interp inst="t19021117-name-65" type="surname" value="EDWARDS"/>
<interp inst="t19021117-name-65" type="given" value="LOUISA"/>LOUISA EDWARDS</persName> </hi>. I live at 11, Lipton Street, Notting Hill, and let lodgings at No. 17 in that street—the prisoner lived there with Harriet Summers for about eight weeks.</p>
<hi rend="italic">Cross-examined.</hi> I never saw you doing anything wrong—if you cleaned the spoons with silver sand I should not have to clean them.</p>
<hi rend="italic">Re-examined.</hi> I was not in the habit of going to the room—Summers never allowed me to go in; if I sent for my rent she came and paid me—the rent was 6s. 6d.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-66" type="witnessName">
<interp inst="t19021117-name-66" type="gender" value="male"/>
<interp inst="t19021117-name-66" type="surname" value="WEBSTER"/>
<interp inst="t19021117-name-66" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. I am Inspector of coin to H.M. Mint—this is a mould for florins, and all these florins were made from it—I saw some metal in a ladle and some in a saucepan.</p>
<hi rend="italic">Cross-examined.</hi> The mould would take about an hour to dry, but if you made it too hard it would possibly split—(
<hi rend="italic">The letter to Summers was read at the prisoner's request; it was signed"Bill," and said "I saw the detective go to the house the night you were arrested; I could not have done you any good if I had gone upstairs; they did not want you, it was me they wanted. I sent you out while I did the work.</hi>")</p>
<hi rend="italic">Prisoner's defence.</hi> I know nothing about that letter—I suspect it is</p>
<xptr type="pageFacsimile" doc="190211170013"/>
<p>from the same people who gave information to the police, and I know nothing about the goods found in the place; the woman says she left me at 9 o'clock and it is almost impossible for anybody to make a mould in that time—I have been in trouble for this sort of thing, but am not guilty now—the man who did it sent me away on a fool's journey while he did it.</p>
<hi rend="smallCaps">
<rs id="t19021117-14-verdict-1" type="verdictDescription">
<interp inst="t19021117-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-14-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He had been convicted at Worcester Assizes of a like offence, after a previous conviction, and sentenced to three years' penal servitude, nine months of which were unexpired , and three other convictions were proved against him all connected withcoining.—
<rs id="t19021117-14-punishment-17" type="punishmentDescription">
<interp inst="t19021117-14-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-14-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-19021117 t19021117-14-punishment-17"/>Five years' penal servitude</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, November</hi> 18
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t19021117-15">
<interp inst="t19021117-15" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-15" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-15-charge-1" targOrder="Y" targets="def1-15-19021117 t19021117-15-offence-1 t19021117-15-verdict-1"/>
<persName id="def1-15-19021117" type="defendantName">
<interp inst="def1-15-19021117" type="gender" value="male"/>
<interp inst="def1-15-19021117" type="age" value="21"/>
<interp inst="def1-15-19021117" type="surname" value="KELLY"/>
<interp inst="def1-15-19021117" type="given" value="WALTER"/>
<interp inst="def1-15-19021117" type="occupation" value="soldier"/>
<hi rend="largeCaps">WALTER KELLY</hi> </persName> (21,
<hi rend="italic">a soldier</hi>)
<hi rend="smallCaps">
<rs id="t19021117-15-verdict-1" type="verdictDescription">
<interp inst="t19021117-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-15-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t19021117-15-offence-1" type="offenceDescription">
<interp inst="t19021117-15-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19021117-15-offence-1" type="offenceSubcategory" value="assaultWithIntent"/>to unlawfully attempting to have carnal knowledge of
<persName id="t19021117-name-68" type="victimName">
<interp inst="t19021117-name-68" type="gender" value="female"/>
<interp inst="t19021117-name-68" type="surname" value="HOPWOOD"/>
<interp inst="t19021117-name-68" type="given" value="FLORENCE"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-15-offence-1 t19021117-name-68"/>Florence Hopwood</persName>, a girl under the age of 13. </rs>
<hi rend="italic">
<rs id="t19021117-15-punishment-18" type="punishmentDescription">
<interp inst="t19021117-15-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-15-punishment-18" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-15-19021117 t19021117-15-punishment-18"/>Twelve months' hard labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19021117-16">
<interp inst="t19021117-16" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-16" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-16-charge-1" targOrder="Y" targets="def1-16-19021117 t19021117-16-offence-1 t19021117-16-verdict-1"/>
<persName id="def1-16-19021117" type="defendantName">
<interp inst="def1-16-19021117" type="gender" value="male"/>
<interp inst="def1-16-19021117" type="age" value="28"/>
<interp inst="def1-16-19021117" type="surname" value="FELDMAN"/>
<interp inst="def1-16-19021117" type="given" value="MORRIS"/>
<hi rend="largeCaps">MORRIS FELDMAN</hi> (28)</persName>
<rs id="t19021117-16-offence-1" type="offenceDescription">
<interp inst="t19021117-16-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19021117-16-offence-1" type="offenceSubcategory" value="bankrupcy"/>, Unlawfully disposing of certain property obtained on credit, within four months of his bankruptcy and not paid for, with intent to defraud his creditors.
<hi rend="italic">Second Count</hi>, Un
<lb/>lawfully transferring certain property with intent te defraud.
<hi rend="italic">Other Counts charging other offences under the Debtors Act.</hi> </rs> </p>
<hi rend="smallCaps">MR. A. GILL</hi>
<hi rend="italic">Prosecuted; and</hi>
<hi rend="smallCaps">MR. CLARKE HALL</hi>
<hi rend="italic">Defend d.</hi> </p>
<hi rend="smallCaps">
<persName id="t19021117-name-70" type="witnessName">
<interp inst="t19021117-name-70" type="gender" value="male"/>
<interp inst="t19021117-name-70" type="surname" value="BOYLE"/>
<interp inst="t19021117-name-70" type="given" value="GEORGE INGLIS"/>GEORGE INGLIS BOYLE</persName> </hi>. I am a messenger of the Record Office of the Bankruptcy Court—I produce the file in the prisoner's bankruptcy—the petition was presented on October 9th, 1901; the Receiving Order was made on October 14th, and the adjudication took place on November 6th.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-71" type="witnessName">
<interp inst="t19021117-name-71" type="gender" value="male"/>
<interp inst="t19021117-name-71" type="surname" value="LAIDLAW"/>
<interp inst="t19021117-name-71" type="given" value="THOMAS"/>THOMAS LAIDLAW</persName> </hi>. I am an examiner to the Official Receiver in bank
<lb/>ruptcy—I conducted the proceedings in the prisoner's bankruptcy—these are the notes of the public examination signed by the prisoner—the value of the timber belonging to him up to September 18th was stated to be £2,473 17s. 5d.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-72" type="witnessName">
<interp inst="t19021117-name-72" type="gender" value="male"/>
<interp inst="t19021117-name-72" type="surname" value="GREIG"/>
<interp inst="t19021117-name-72" type="given" value="JOHN"/>JOHN GREIG</persName> </hi>. I am clerk to Arthur Charles Bouner, the trustee in the prisoner's bankruptcy—the liabilities are returned by the debtor at £4,842, of which £4,614 10s. 1d. is described as in respect of unsecured creditors—he describes his net assets as £2,240 10s. 6d., being a deficiency of £2,601 15s. 11d—of these assets I have realised only £149—£633 of the assets are described as good book debts, but I have only recovered some
<lb/>thing under £2 in respect of those—with regard to the five pianos and organ mentioned in his assets, I went to his place of business at 22, Commercial Road, and on demanding them I was informed that they were included in the sale of his business—in his preliminary examination he stated that one Gaverin held a share in his business at 22, Commercial Street for a consideration including bills for £350—I did not get those—I got £115 from Gaverin in discharge of those bills—that was part of the £149 which I recovered.</p>
<hi rend="italic">Cross-examined.</hi> I do not know what goods were transferred—I know</p>
<xptr type="pageFacsimile" doc="190211170014"/>
<p>that it is the subject of this charge, and that they were transferred for the sum of £600—in addition to the £115 paid by Gaverin, he also paid £45 for costs—the book debts are considerable, but the majority of the people are not there to sue—I called upon a Mr. Cotton, whose name was in the books, and as a result he gave evidence at the police court on another charge, but the case broke down on his evidence, as it was different from what he told me at the interview—we have not proceeded against him for the debt, because the trustees are advised that they cannot prove delivery of the goods—in the case of Metzic, whose name also appears as a debtor for £394 7s. 9d., he is a bankrupt, and the trustee's claim against him was rejected, as we were unable to prove the claim.</p>
<hi rend="italic">Re-examined.</hi> I have endeavoured to realise the prisoner's estate to the best of my ability.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-73" type="witnessName">
<interp inst="t19021117-name-73" type="gender" value="male"/>
<interp inst="t19021117-name-73" type="surname" value="ARMITAGE"/>
<interp inst="t19021117-name-73" type="given" value="FREDERICK"/>FREDERICK ARMITAGE</persName> </hi>. I am a solicitor of Monument Station Build
<lb/>ings—in September, 1901, I received instruction from Joshua Levy to prepare an agreement between him and the prisoner for the sale of timber at Spital Street; this is it, (
<hi rend="italic">Read</hi>) "October 1st, 1901, between Morris Feldman of 18a, Spital Street, and Joshua Levy of 2 and 4, Albert Work
<lb/>shops, Great Pearl Street. The vendor shall sell, and the purchaser shall purchase for the sum of £550 all the timber and other stock in trade of and belonging to the vendor, in connection with his business as a timber merchant, as the same is now carried on by him at 18a, Spital Street, aforesaid"—that agreement was executed by both parties in my presence—I also prepared an assignment of the lease on the same day—the purchase money was £600, £550 for the business, and £50 for the lease was paid at my office—I saw the money pass, and endorsed the receipt on the back of the agreement—I noticed that there was a bankruptcy clause in the lease, and pointed it out to both parties, and I asked the defendant if there was—any likelihood of his becoming a bankrupt, and he shrugged his shoulders, as if it was too ridiculous to mention.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-74" type="witnessName">
<interp inst="t19021117-name-74" type="gender" value="male"/>
<interp inst="t19021117-name-74" type="surname" value="LANSBURY"/>
<interp inst="t19021117-name-74" type="given" value="GEORGE"/>GEORGE LANSBURY</persName> </hi>. I am a Director of Burton, Brine, and Reed, timber merchants, of 32, Rivington Street—they were creditors for timber in the prisoner's bankruptcy—on October 8th I called at Spital Street and found that the name of "Feldman" was no longer up; there was "Spitalfields Timber Company instead"—I had had no notice from Feldman that he was disposing of his business—I looked around and formed the opinion that there was from £1,000 to £1,200 worth of timber there, wholesale price.</p>
<hi rend="italic">Cross-examined.</hi> On August 7th I received a bill drawn by Mrs. Feld
<lb/>man for £60 to be handed to Messrs. Levy when recovered—the object of that was to secure payment for some goods that Messrs. Levy had had from us, so that they could pay us for a parcel of walnut wood which is still in the docks—they gave me the bill to collect for them, and about £33 was to come to us for goods which we had supplied to Messrs. Levy, and which is still at the docks—a writ was issued for the money, but it was withdrawn at Messrs. Levy's request.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. We were to bring an action for all parties concerned who were interested in the bill.</p>
<hi rend="italic">Re-examined.</hi> Messrs. Levy asked me to take the bill in payment for the</p>
<xptr type="pageFacsimile" doc="190211170015"/>
<p>goods we had supplied them with—it had nothing to do with the prisoner.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-75" type="witnessName">
<interp inst="t19021117-name-75" type="gender" value="male"/>
<interp inst="t19021117-name-75" type="surname" value="HUDSON"/>
<interp inst="t19021117-name-75" type="given" value="HENRY CHARLES"/>HENRY CHARLES HUDSON</persName> </hi>. I am managing director to Turner and Hudson, Limited, of 31, Ivy Street, Hoxton—we were creditors in the prisoner's bankruptcy—on August 2nd, 1901, we supplied him with timber valued at £13 10s. 10 d.; on the 12th with timber valued at £170 6s. 2d, and on the 15th with timber valued at £149 14s. 9d.—we received bills in respect of that maturing after the bankruptcy—we have never been paid—on October 7th I went to 18a, Spital Street, but could not find the prisoner—I looked round and saw about £1,200 worth of timber including £100 worth of our goods.</p>
<hi rend="italic">Cross-examined.</hi> I believe a Mr. Mount joy valued the timber at £180, but that estimate was absurd.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-76" type="witnessName">
<interp inst="t19021117-name-76" type="gender" value="male"/>
<interp inst="t19021117-name-76" type="surname" value="SMITH"/>
<interp inst="t19021117-name-76" type="given" value="EDGAR ALFRED"/>EDGAR ALFRED SMITH</persName> </hi>. I am a traveller to William Pharoh, a timber merchant, of 108, Bishopsgate Street Within—on August 2nd we supplied the prisoner with timber, value £43 12s. 11d.—we were not paid for that—we were creditors in the bankruptcy for £375 13s. 1d., but that was the last transaction we had with him—in October I went to his premises, but could not see him—we had had no notice of the transfer of his business—the value of the timber in the yard was over £1,000—that included about £20 worth of ours.</p>
<hi rend="italic">Cross-examined.</hi> During the time we did business with him, about three years, we supplied him with between £4,000 and £5,000 worth of timber.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-77" type="witnessName">
<interp inst="t19021117-name-77" type="gender" value="male"/>
<interp inst="t19021117-name-77" type="surname" value="OLIVER"/>
<interp inst="t19021117-name-77" type="given" value="ALFRED HERBERT"/>ALFRED HERBERT OLIVER</persName> </hi>. I am manager to the Timber and Builders' Merchants' Association—I was instructed to make inquiries' about one Slomovitch, but have not been able to trace him.</p>
<hi rend="italic">Cross-examined.</hi> I went to the Victoria Restaurant and inquired of the manager there, but he said he could not remember a gentleman of that name having stayed there.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-78" type="witnessName">
<interp inst="t19021117-name-78" type="gender" value="male"/>
<interp inst="t19021117-name-78" type="surname" value="SMALE"/>
<interp inst="t19021117-name-78" type="given" value="HARRY"/>HARRY SMALE</persName> </hi> (
<hi rend="italic">Detective Sergeant.</hi>) On October 3rd I saw the prisoner at Floria Street, Spitalfields—I told him I held a warrant for his arrest—he said, "All right, I will go with you"—at the station I read the warrant to him, and he said "All right."</p>
<hi rend="smallCaps">
<rs id="t19021117-16-verdict-1" type="verdictDescription">
<interp inst="t19021117-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-16-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t19021117-16-punishment-19" type="punishmentDescription">
<interp inst="t19021117-16-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-16-punishment-19" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-16-19021117 t19021117-16-punishment-19"/>Six months' hard labour.</rs> </hi> </p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>,
<hi rend="italic">Tuesday, and</hi> </p>
<hi rend="largeCaps">FOURTH COURT</hi>,
<hi rend="italic">Wednesday, November</hi> 18
<hi rend="italic">th and</hi> 19
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before J. A. Rentoul, Esq., K.C.</hi> </p>
<div1 type="trialAccount" id="t19021117-17">
<interp inst="t19021117-17" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-17" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-17-charge-1" targOrder="Y" targets="def1-17-19021117 t19021117-17-offence-1 t19021117-17-verdict-1"/>
<join result="criminalCharge" id="t19021117-17-charge-2" targOrder="Y" targets="def2-17-19021117 t19021117-17-offence-1 t19021117-17-verdict-3"/>
<join result="criminalCharge" id="t19021117-17-charge-3" targOrder="Y" targets="def3-17-19021117 t19021117-17-offence-1 t19021117-17-verdict-5"/>
<join result="criminalCharge" id="t19021117-17-charge-4" targOrder="Y" targets="def4-17-19021117 t19021117-17-offence-1 t19021117-17-verdict-2"/>
<join result="criminalCharge" id="t19021117-17-charge-5" targOrder="Y" targets="def5-17-19021117 t19021117-17-offence-1 t19021117-17-verdict-4"/>
<persName id="def1-17-19021117" type="defendantName">
<interp inst="def1-17-19021117" type="gender" value="male"/>
<interp inst="def1-17-19021117" type="age" value="61"/>
<interp inst="def1-17-19021117" type="surname" value="WALTERS"/>
<interp inst="def1-17-19021117" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES WALTERS</hi> (61)</persName>,
<persName id="def2-17-19021117" type="defendantName">
<interp inst="def2-17-19021117" type="gender" value="male"/>
<interp inst="def2-17-19021117" type="age" value="45"/>
<interp inst="def2-17-19021117" type="surname" value="O'FALVEY"/>
<interp inst="def2-17-19021117" type="given" value="WILLIAM HUGH"/>
<hi rend="largeCaps">WILLIAM HUGH O'FALVEY</hi> (45)</persName>,
<persName id="def3-17-19021117" type="defendantName">
<interp inst="def3-17-19021117" type="gender" value="male"/>
<interp inst="def3-17-19021117" type="age" value="62"/>
<interp inst="def3-17-19021117" type="surname" value="SLINGSBY"/>
<interp inst="def3-17-19021117" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE SLINGSBY</hi> (62)</persName>,
<persName id="def4-17-19021117" type="defendantName">
<interp inst="def4-17-19021117" type="gender" value="male"/>
<interp inst="def4-17-19021117" type="age" value="33"/>
<interp inst="def4-17-19021117" type="surname" value="SCOTT"/>
<interp inst="def4-17-19021117" type="given" value="SLINGSBY"/>
<hi rend="largeCaps">SLINGSBY SCOTT</hi> (33)</persName>, and
<persName id="def5-17-19021117" type="defendantName">
<interp inst="def5-17-19021117" type="gender" value="male"/>
<interp inst="def5-17-19021117" type="age" value="43"/>
<interp inst="def5-17-19021117" type="surname" value="SEYMOUR"/>
<interp inst="def5-17-19021117" type="given" value="PERCY DOWNING"/>
<hi rend="largeCaps">PERCY DOWNING SEYMOUR</hi> (43)</persName>
<rs id="t19021117-17-offence-1" type="offenceDescription">
<interp inst="t19021117-17-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19021117-17-offence-1" type="offenceSubcategory" value="fraud"/>, Conspiring to obtain from
<persName id="t19021117-name-84" type="victimName">
<interp inst="t19021117-name-84" type="gender" value="female"/>
<interp inst="t19021117-name-84" type="surname" value="FRERE"/>
<interp inst="t19021117-name-84" type="given" value="ISABELLA TUDOR"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-17-offence-1 t19021117-name-84"/>Isabella Tudor Frere</persName> and others, cheques for £30 and other sums and a bill of exchange, with intent to defraud.
<hi rend="italic">Other counts</hi> for unlawfully converting the pro
<lb/>ceeds of cheques.</rs> </p>
<hi rend="smallCaps">
<persName id="t19021117-name-85" type="witnessName">
<interp inst="t19021117-name-85" type="gender" value="indeterminate"/>
<interp inst="t19021117-name-85" type="surname" value="BODKIN"/>
<interp inst="t19021117-name-85" type="given" value="MUIR,"/>MR. MUIR, MR. BODKIN</persName> </hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. JAY</hi>
<hi rend="italic">Prosecuted</hi>,
<hi rend="smallCaps">MR. MARTIN O'CONNOR</hi>
<hi rend="italic">appeared for Scott and Slingsby,</hi>,
<hi rend="smallCaps">MR. TUDOR</hi>
<hi rend="italic">for O'Falvey, and</hi>
<hi rend="smallCaps">MR. ELLIOTT</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. FITCH</hi>
<hi rend="italic">for Seymour.</hi> </p>
<xptr type="pageFacsimile" doc="190211170016"/>
<hi rend="smallCaps">
<persName id="t19021117-name-86" type="witnessName">
<interp inst="t19021117-name-86" type="gender" value="female"/>
<interp inst="t19021117-name-86" type="surname" value="FRERE"/>
<interp inst="t19021117-name-86" type="given" value="ELIZABETH TUDOR"/>ELIZABETH TUDOR FRERE</persName> </hi>. I live at Thornlands, Netley Marsh, Hamp
<lb/>shire—in January last I received this circular from the "Whitehall Ex
<lb/>change," 31, Charing Cross (
<hi rend="italic">Exhibit</hi> 32
<hi rend="italic">a</hi>), signed"J. Walters, Secretary," recommending cheap priced shares in the Klerksdorp, Transvaal, and South African Exploring and Cold Storage Companies—I replied that I would purchase shares on the condition that I was liable for the sum in
<lb/>vested and no more, and that the profit would accrue in a few days—I enclosed a cheque for £30, which was paid by my bank in due course—I afterwards received Exhibits 85 and 86, offering more shares at 5s. 6d. to 6s. a share, and signed"J. Walters, Secretary," and enclosing sold notes for £32 with commissions—at the bottom of the notes was printed, "It is distinctly understood that you incur no further liability beyond the amount of cover"—I sent £32 for investment and £2 14s. charges, by this cheque to J. Walters, crossed The Royal British Bank, my bankers being the London and Provincial Bank at Liss, and received acknowledg
<lb/>ment, Exhibit 91, signed J. Walters, also Exhibit 92, dated February 14th, for more shares at 12s.—I sent a wire, and afterwards a letter, enclosing a cheque for £30—I afterwards received the circular as to 150 Niekirk shares at 14s. 10 1/2d., £112 10s., and 4s. cover—I did not know what cover meant—I received the contract note—the cheque was paid by my bank—the correspondence produced ensued, in which I expressed disappointment, and in which Walters states on February 28th that "owing to the weak Bull Account" there had been delay, that the average would be £21 17s. 6d., and that there would be a "carrying over"—I did not know what the terms meant-in reply to Walters' advice in Exhibits 105 and 106 I sent my cheque for £21 17s. 6d. for the purchase of the four different kinds of South African shares named—I did not know what they were—I had seen the terms "Charters" and "Rhodesians" in the papers—the writing on several of the circulars and letters sent to me was in the same hand, including the letter signed "M. Walters," which states that Walters was seriously ill, that even his life was despaired of, and said, "I cannot give information respecting his business," and those promising settlement, one "as soon as possible"—one letter states that to ask for money on a post
<lb/>card was an indictable offence, but I did not write such a postcard—in Exhibit 122 he asked me to accept this bill of exchange, which I accepted, believing it was a promise to pay me money which I was going to accept—[
<hi rend="italic">This was on the London and Provincial Bank for</hi> £35,
<hi rend="italic">and dated London, June</hi> 11
<hi rend="italic">th</hi>, 1902,
<hi rend="italic">at three months, and signed "Geo. Slingsby," which was obliterated, and the three months was altered to six weeks; it was endorsed, but the name appeared to be scratched through.</hi>]—I had no recollection what name was on it—These directions came with the bill: "Accepted, payable it [
<hi rend="italic">blank</hi>] Bank, I. T. Frere,' write across, putting in name of your bank"—I received Exhibit 123
<hi rend="italic">a</hi> from the Whitehall Exchange, offering 150 hares—I replied and stated that in my letter of the 18th I had made the alteration to six weeks, as I considered the three months that had already assed might have been enough—I wanted the money at once—I do not know what I meant, but I used a word not applicable—I altered the bill of six weeks because I wanted my money sooner, but something I remember</p>
<xptr type="pageFacsimile" doc="190211170017"/>
<p>writing has not been read—I also received Exhibit 125, offering shares in the "Toilette Requisites Company," and this second Bill of Exchange and the other correspondence produced followed in Exhibits 126 to 130, making excuses for delay, and asking me not to send postcards—I received Exhibit 131, signed Clement G. Scott—I had seen the prisoner Scott while staying in London—[
<hi rend="italic">This was headed"Clement Scott and Co., Outfitters, 101, Brixton Road," and offered large interest on money invested.</hi>]—I answered that, and received a letter enclosing a reference to Dr. Ullathorne, 63, Queen Victoria Street, to whom I wrote, and got a reply—I received Exhibit 135 from Clement G. Scott, stating, "I have just had an offer of goods for the spring trade," and asking for £25—I sent this cheque for £26 10s., which has been paid by my bankers, and is endorsed"Clement Scott"—Exhibit 137 is the receipt—I saw Scott by appointment in the Brixton Road, for him to take my measure—I was thinking of employing him as a dress tailor—at the time I parted with my cheques to the Whitehall Exchange Company I believed they were carrying on a genuine business as stock brokers, and that the shares referred to had been bought and sold to me.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. O'CONNOR</hi>. I have sent another man named Scott some money to invest in the City—I have never seen him—he paid me with a good profit for what I first sent him, the second transaction is still pending—I believed Scott to be an honest man—I employed his wife to do some millinery for me—I never gave Scott the order for the costume; he simply took my measure, as I do not live in London, and I said, "If you will come and see me where I am staying I shall be glad for you to take my measure so that you may have it at a future date if I should want a costume"—that was several weeks before I advanced him the money—that was not the consideration for the money—I understand "carrying over" to mean in
<lb/>stead of paying as promised, say, in the middle of April you pay at the end of it—I have not now nor since this case been instructing brokers; I thought this was enough for the time.</p>
<hi rend="italic">Cross-examined by Walters.</hi> This was not my first transaction—I did not expect the shares to be delivered to me—I expected the profits to be sent to me and my money returned intact—you said in your letter that you were going to settle, and then in another sentence asked me to accept a bill for £35—I thought that was part of what you owed me—I knew the shares were valueless, and that if I did not get money I should not get anything—I refused to accept them.</p>
<hi rend="italic">Re-examined.</hi> The Scott I previously did business with, so far as I know, had nothing to do with the prisoners—this is the second bill I received from. George Scott and Son, and is for six weeks instead of three months.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-87" type="witnessName">
<interp inst="t19021117-name-87" type="gender" value="male"/>
<interp inst="t19021117-name-87" type="surname" value="TAMSETT"/>
<interp inst="t19021117-name-87" type="given" value="RICHARD HALLETT"/>RICHARD HALLETT TAMSETT</persName> </hi>. I live at 19, St. Edward's Road, Southsea—I look after my wife's business matters—I received the letters produced as exhibits from the Whitehall Exchange, offering shares at £11 10s. and £11 5s. in "Henry Denny and Sons, Limited," and signed"J. Walters, secretary"—I sent the cheque for £169 17s. 6d. in payment for 200 shares and fees—that has been paid through my bank and endorsed"J. Walters"—the correspondence produced followed, including that signed by"J. S.</p>
<xptr type="pageFacsimile" doc="190211170018"/>
<p>Slingsby"—there were various excuses stated; one was that Walters had been knocked down by an omnibus—I never got any part of my money back—I fully believed the statements in the circulars and letters sent.</p>
<hi rend="italic">Cross-examined by Walters.</hi> I instructed my solicitor to apply for shares, and they were in negotiation at the time of your arrest.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. O'CONNOR</hi>. My solicitors sued the Whitehall Exchange Co.—they requested the return of the money at the time that the police interfered—they asked for the Denny shares or the money—the security of Armstrong was suggested, but it was worthless, and I refused to accept it—my solicitors advised me to prosecute.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-88" type="witnessName">
<interp inst="t19021117-name-88" type="gender" value="male"/>
<interp inst="t19021117-name-88" type="surname" value="O'BRUCE"/>
<interp inst="t19021117-name-88" type="given" value="ERNEST VICTOR BROWN"/>ERNEST VICTOR BROWN O'BRUCE</persName> </hi>. I am a clerk in the registry office of Henry Denny and Sons, 3, Lothbury—I have part charge of the register of shareholders—I have no knowledge of the Whitehall Exchange nor of J. Walters producing any transfer of shares in the company, nor of their having held shares in it—the name of Tamsett is on the books.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-89" type="witnessName">
<interp inst="t19021117-name-89" type="gender" value="male"/>
<interp inst="t19021117-name-89" type="surname" value="PARKES"/>
<interp inst="t19021117-name-89" type="given" value="GEORGE"/>GEORGE PARKES</persName> </hi>. I am a timber merchant of 4, The Ashes, Chester Road Birmingham—I replied to this telegram, Exhibit 11, to Seymour of Temple Gardens—after further correspondence I agreed to take from Mackenzie, of the Shares Bureau, 31, Charing Cross, twenty-five ordinary and twenty
<lb/>five preference shares at 22s. 6d. each, in William Jameson, Limited—I received this telegram, signed Mackenzie, "Will send transfer as soon as executed," and after a letter I sent a telegram to Mackenzie asking for the transfers—after further correspondence I got the name of the transferor as James Murray, 101, Brixton Road—I sent this cheque for £56 5s.—it has been paid by my bank—I received this letter of August 2, signed P. D. Seymour, stating that he was trying to find a buyer—I wrote for the shares and got the replies signed "P. D. Seymour"—I never got the shares—I sent the transfer to Jameson's office—that was returned to me with a com
<lb/>munication—I communicated with the police—I had no knowledge of William Mackenzie nor what he had to do with Seymour, nor that Sey
<lb/>mour was connected with the Whitehall Exchange—nor of the connection between Walters and Mackenzie.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. TUDOR</hi>. I did not know that O'Falvey or Mac
<lb/>kenzie was negotiating the shares—I would not have complained of James Murray being the transferor so long as he had the shares.</p>
<hi rend="italic">Cross-examined by Walters.</hi> I had no communication or dealing with the Whitehall Exchange.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-90" type="witnessName">
<interp inst="t19021117-name-90" type="gender" value="male"/>
<interp inst="t19021117-name-90" type="surname" value="WILLIAMS"/>
<interp inst="t19021117-name-90" type="given" value="DAVID"/>DAVID WILLIAMS</persName> </hi>. I am manager of the Islington branch of the Royal British Bank—Mackenzie, who is O'Falvey, had an account there—I pro
<lb/>duce a certified copy of it; also of that of J. Walters and of that of"G. Scott and Son," which the prisoner Slingsby had, on the credit side of which is entered on August 2nd a cheque for £50—this is the cheque endorsed "John Mackenzie" and "George Scott and Son"—on the debit side five cheques are drawn out in the names of Slingsby £3 17s. 6d. Mackenzie £5, Williams £5. Self (
<hi rend="italic">Slingsby</hi>) £10, and Seymour £26, making £49 17s. 6d.—another 2s. 6d. would make the £50.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. O'CONNOR</hi>. The £50 cheque was paid in about</p>
<xptr type="pageFacsimile" doc="190211170019"/>
<p>closing time on Saturday—Slingsby had no benefit, he only changed the cheque for the others.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-91" type="witnessName">
<interp inst="t19021117-name-91" type="gender" value="male"/>
<interp inst="t19021117-name-91" type="surname" value="PETERSEN"/>
<interp inst="t19021117-name-91" type="given" value="ALEXANDER CHARLES"/>ALEXANDER CHARLES PETERSEN</persName> </hi>. I am cashier at the Royal British Bank, 6, Duncannon Street, Charing Cross—O'Falvey banked there, under the name of John Mackenzie—a cheque book was supplied him—I produce a certified copy of his account—it was opened by a payment in of £19 which the bank advanced on shares deposited on July 19th—on August 1st there was 5s. 6d. to his credit—we took that for charges—his cheques since have been dishonoured—we communicated that fact to him twice—this cheque drawn by John Mackenzie in favour of O'Falvey is the last one we honoured—it was paid through the London and County Bank.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. TUDOR</hi>. After our first letter I think we sent one cheque back within one or two days.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-92" type="witnessName">
<interp inst="t19021117-name-92" type="gender" value="male"/>
<interp inst="t19021117-name-92" type="surname" value="MACDONALD"/>
<interp inst="t19021117-name-92" type="given" value="JOHN COBURN"/>JOHN COBURN MACDONALD</persName> </hi>. I am a cashier at Parr's Bank, Limited, Charing Cross—I produce a certificated copy of the prisoner Percy Down
<lb/>ing Seymour's account there—he went under the names of Percy Downing Seymour and Percy Downing—I find on August 7th on the debit side a pay
<lb/>ment to the Royal British Bank of £30, and payments to O'Falvey on 16th £2, and on 21st £1; on August 8th I find "Notes £20" on the credit side and cash £3—the numbers of the notes are 21441—4, of June 9th, 1902.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. FITCH</hi>. I first knew Seymour as Percy Downing Seymour, trading as Percy Downing—the account is still open—the total amount paid in from the end of November, 1900, to the end of the year appears as £645, and up to the end of June this year as £921.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-93" type="witnessName">
<interp inst="t19021117-name-93" type="gender" value="male"/>
<interp inst="t19021117-name-93" type="surname" value="WHITE"/>
<interp inst="t19021117-name-93" type="given" value="JOHN HAMPDEN"/>JOHN HAMPDEN WHITE</persName> </hi>. I am clerk to a company at 66, Victoria Street, which has the letting of Temple Chambers—Seymour was a tenant of rooms there at £105 a year—we distrained in June last—we got part of the rent—the quarter to Michaelmas is still owing—the tenancy is not cancelled—this is the agreement for the tenancy from November 5th, 1901.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-94" type="witnessName">
<interp inst="t19021117-name-94" type="gender" value="male"/>
<interp inst="t19021117-name-94" type="surname" value="PICKETT"/>
<interp inst="t19021117-name-94" type="given" value="FREDERICK"/>FREDERICK PICKETT</persName> </hi>. I am lift porter at Temple Chambers, where Sey
<lb/>mour had offices—the name of "P. D. Seymour" was put up, and after
<lb/>wards "Watson, Armstrong, Wade and Co."—I have seen O'Falvey there—he asked for Mr. Seymour—he came three or four times a week.</p>
<hi rend="italic">Cross-examined by</hi> Mr. Fitch. There are a good many people in the Temple Chambers—I work the lift and answer inquiries—I am on the ground floor.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. TUDOR</hi>. O'Falvey might not come every week—I do not think he was away a month—I should not call him a regular visitor.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">O'CONNOR</hi>. I never saw Slingsby or Scott to my knowledge.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-95" type="witnessName">
<interp inst="t19021117-name-95" type="gender" value="male"/>
<interp inst="t19021117-name-95" type="surname" value="PEACE"/>
<interp inst="t19021117-name-95" type="given" value="ALFRED GEORGE"/>ALFRED GEORGE PEACE</persName> </hi>. I am manager of the Charing Cross Branch of Parr's Bank—I produce a list of cheques returned on Percy Downing Seymour's account at that branch—the second cheque is dated May 9th, 1902, to Harrington for £52, which was returned marked, "Not provided for."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. FITCH</hi>. There was an account of Percy Downing Seymour and of Percy Downing—the same man drew on both—he traded</p>
<xptr type="pageFacsimile" doc="190211170020"/>
<p>as Percy Downing—I knew him first as Percy Downing Seymour—I can
<lb/>not say whether the turnover was £5,000 in a year, but we regard an account from the balance point of view—one cheque was returned because the endorsement was irregular.</p>
<hi rend="italic">Re-examined.</hi> I stated before the Magistrate that the balance averaged £75 to £100.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-96" type="witnessName">
<interp inst="t19021117-name-96" type="gender" value="female"/>
<interp inst="t19021117-name-96" type="surname" value="SUDBURY"/>
<interp inst="t19021117-name-96" type="given" value="SARAH HANNAH"/>SARAH HANNAH SUDBURY</persName> </hi>. I live at Lawn House, Oak Wood, Wake
<lb/>field—on August 19th, 1902, I received the letter signed John Mackenzie, asking the price of 260 shares in Jamison, Limited—I sent the letter to a friend—I wrote agreeing to sell 150 shares at 25s. a share—this is a copy of my letter—a few days afterwards I received this letter, signed P. D. Seymour, of Temple Chambers, offering to sell 200 shares in Jameson, Limited, at 22s. 6d. each—on August 24th I got this letter, signed P. D. Seymour, inquiring the name of the person who was selling the shares at a lower figure than he was offering them—I heard no more of Mackenzie.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. TUDOR</hi>. I was and am willing to part with 150 shares—I heard indirectly that Mackenzie was in custody.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-97" type="witnessName">
<interp inst="t19021117-name-97" type="gender" value="male"/>
<interp inst="t19021117-name-97" type="surname" value="DOOLEY"/>
<interp inst="t19021117-name-97" type="given" value="JAMES"/>JAMES DOOLEY</persName> </hi>. I live at Glen Villa, H edge End, Botley—on August 19th I received this letter signed, John Mackenzie, asking me to sell shares in Jamison, Limited, at 25s. a share—I replied and got this letter from P. D. Seymour, Temple Chambers, stating that he was instructed to sell 200 shares in Jamison, Limited, at 22s. 6d., of which company I am a share
<lb/>holder—I replied stating that I had only preference shares.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. TUDOR</hi>. I offered to sell preference shares—I knew nothing of the prisoner's arrest.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-98" type="witnessName">
<interp inst="t19021117-name-98" type="gender" value="male"/>
<interp inst="t19021117-name-98" type="surname" value="HORTON"/>
<interp inst="t19021117-name-98" type="given" value="MALCOLM GEORGE"/>MALCOLM GEORGE HORTON</persName> </hi>. I am manager for Mr. J. Quinton, a tobacconist, of 31, Charing Cross Road—that is Old Scotland Yard—I have an office on the ground floor—in May, 1891, Walters and Slingsby came to look at offices there—I received an agreement signed by Slingsby to take part of the premises—I know O'Falvey—I also know Scott as Mac
<lb/>kenzie—I handed him letters—they had one room—there was furniture in it—I do not think it was there in August, 1902—O'Falvey paid me the rent once in the shop—when they were not in the office I knew they were to be found in the public houses just at hand—Slingsby told me who Mackenzie was when a letter came for him.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. TUDOR</hi>. O'Falvey came to Charing Cross about twice a week—letters came for Mackenzie just about Quarter Day—the name John Mackenzie was a little smaller and was put on the top over the name "The Whitehall Exchange ": "The Mines Bureau" was added, also Scott's name on paper—that might have been in June—I have a separate side door to the shop, and did not see them go in to the office.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">O'CONNOR</hi>. I have known O'Falvey this year—I knew him by appearance about Christmas time—I first heard his name in a public house about the beginning of this year—Scott came when the place was taken in 1901—he came every day—I discovered his name in November, when letters came into the shop for Mackenzie, and I took them in the office and asked Slingsby about them—before the premises were engaged by Slingsby they were used for a tailoring business for about</p>
<xptr type="pageFacsimile" doc="190211170021"/>
<p>nine months—Slingsby had a part partitioned off as an office by a low partition across the room—it was not afterwards extended to the ceiling.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. FITCH</hi>. I never saw Seymour at the office.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-99" type="witnessName">
<interp inst="t19021117-name-99" type="gender" value="male"/>
<interp inst="t19021117-name-99" type="surname" value="REEVES"/>
<interp inst="t19021117-name-99" type="given" value="GEORGE"/>GEORGE REEVES</persName> </hi>. I am a clerk to Messrs. Clutton, who act for the Ecclesiastical Commissioners—Nos. 67 and 101, Brixton Road, are part of their property—No. 101 was taken from August 11th by Walters—the references he gave were C. F. Ellis and Co. and G. and S. Scott—Slingsby came with Walters—Scott's reply was that he had known Walters some years, that he was highly respectable and quite capable of paying his rent—an agreement was entered into and Walters took possession—at Christmas, 1901, Scott took the house 67, Brixton Road, giving as references Mr. Wood and Mr. O'Falvey—in consequence of replies from both references the premises were let to Scott and were adapted and opened as a shop—the rent to Lady Day was paid through the Sheriff—we received no rent since that—there are still curtains in the windows and somebody may be living there, but the water is cut off.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-100" type="witnessName">
<interp inst="t19021117-name-100" type="gender" value="male"/>
<interp inst="t19021117-name-100" type="surname" value="UPSON"/>
<interp inst="t19021117-name-100" type="given" value="FREDERICK"/>FREDERICK UPSON</persName> </hi>. I am a clerk in a firm at 38, Nicholas Lane—the prisoner Scott executed this agreement in my presence in the name of Walter Scott—I saw him write that name.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-101" type="witnessName">
<interp inst="t19021117-name-101" type="gender" value="male"/>
<interp inst="t19021117-name-101" type="surname" value="GURRIN"/>
<interp inst="t19021117-name-101" type="given" value="THOMAS HENRY"/>THOMAS HENRY GURRIN</persName> </hi>. I am an expert in handwriting, of Holborn Viaduct—I have examined the documents in this case with the proved signatures and writings of the defendants—Exhibits Nos. 1, 3, 4, 7 have Walters' signature; also five endorsements to Tamsett's cheques—the signature "J. Walters pp. J. S." is Slingsby's. (
<hi rend="italic">This stated that Mr. Walters had been thrown down by an omnibus.</hi>) Also the initials in No. 10—I spent a great many hours in examining about 100 documents—I am looking at a duplicate copy of my notes—these are the actual notes I made at the time—the signature, to Nos. 12 and 13 are Seymour's—the signatures to Nos. 13, 14 and 17 to the letters signed"John Mackenzie "are O'Falvey's writing—there is a signature like Walters' writing across a stamp which is difficult to decipher because it is written "Waters"—I do not know the signature "James Murray, 101, Brixton Road"—the body of the document is in O'Falvey's writing—Nos. 23, 24, and 25 are in Seymour's writing—Nos. 82 to 85 from 7, Whitehall Exchange, to Miss Frere are typewritten—the sold note, No. 87, has the signature of J. Walters—the endorsement on the cheque for £2 14s., No. 90, and No. 91, the acknowledgement of the cheque, and No. 92 are Walters' writing—No. 96, the sold note of the Niekirk shares and the endorsement on the cheque for £30, and Nos. 101, 102, and 104 are Walters' signatures—No. 105, "J. Walters pp. W. W.," is not Walters'—the cheque No. 107 for £21 17s. 6d. is endorsed by Walters—the sold note, No. 108, is signed by Walters—No. 109 is not Walters' writing, but the signature to No. 114 is—No. 118 is all in Slingsby's writing, and No. 119, which states that Walters is suffering from brain fever, is the same writing—I am not certain about No. 120, the letter signed "M. Waters"—No. 122 is type-written—in No. 123 the writing underneath looks like Slingsby's—the endorsement is Slingsby's—the endorsement "Scott and Son" on the second bill is similar to Scott's writing—No. 125, as to toilette requisites, is type-written, and the writing</p>
<xptr type="pageFacsimile" doc="190211170022"/>
<p>of the initials is not clear—No. 125 is Slingsby's writing—£130 is type
<lb/>written—the endorsement, "Clement Scott," in No. 131, is Slingsby Scott's writing, also the signatures on the cheques Nos. 122 and 125, 136 and 137—No. 140, signed"Jackson," is back-handed—I do not know it—I found several letters in the same writing—that is very often effectual in disguising writing.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-102" type="witnessName">
<interp inst="t19021117-name-102" type="gender" value="male"/>
<interp inst="t19021117-name-102" type="surname" value="FULLER"/>
<interp inst="t19021117-name-102" type="given" value="ROBERT"/>ROBERT FULLER</persName> </hi> (
<hi rend="italic">Police Inspector A.</hi>) In consequence of information I re
<lb/>ceived, I kept observation on 31, Charing Cross, Whitehall—Seymour used that place—I have kept the place under observation for about twelve months—I obtained a warrant for his arrest on August 29th—I went to Temple Chambers on that day at 3.15 p.m.—I found the names of P. D. Seymour and Armstrong Wade and Co. on the door—a boy was in charge—I did not find Seymour there—at 8.30 p.m. the same day I went to Upper Richmond Road, Putney and saw him—I told him I had a warrant for his arrest for being concerned with O'Falvey in obtaining money from Mr. Parkes—I showed him letter No: 151, and said "This is your signature which you admitted to me in 1900 was yours, and it is similar to the signa
<lb/>ture on a letter to Mr. Parkes, and I shall arrest you on suspicion"—he said "Yes, but I did not intend to defraud Parkes; it is the last thing I should do, 'evil communications corrupt good manners'; the shares that Mr. Parkes' father had he got rid of through me."—I saw Walters on August 23rd in the Golden Fleece wine bar, Queen Street, City—I said, "I am Inspector Fuller, I hold a warrant for your arrest for being concerned with Slingsby and others in defrauding Mr. Tamsett"—he said, "That has been dealt with by my solicitors"—Scott, who was with him, said, "I know nothing about the Tamsett matter; I admit I had the money, but that is a debt; I am not Mackenzie"—I found some letters on him addressed to John Mackenzie—he said he was going to take them to John Mackenzie—they were taken to the station and charged—they did not say anything in answer to the charge—I have kept observation on 31, Charing Cross, from time to time—I have seen Walters, O'Falvey, Slingsby and Scott using the place—I went there after the arrest and searched—there was no furniture there—there were a lot of books, papers, and circulars of the Whitehall Exchange there—I found letters from Miss Frere and Mr. Tamsett there, but none from Mr. Parkes—the letters were lying about on some benches—the place had been divided into two rooms—there were also some old books headed with some tailoring business, showing that an order had been booked from O'Falvey for a suit of clothes, and one for Walters—there were some books relating to Stock Exchange matters, and two or three entries in the name of the Whitehall Exchange—there was the
<hi rend="italic">International Courier</hi> there with an advertisement of the Whitehall Exchange in it, also Walters' pass book—on Walters I found a letter and envelope from Mr. Sudbury, addressed to John Mackenzie, 31, Charing Cross—I also found on Walters a letter addressed to G. Slingsby, and some blank cheques, and a diary for this year—there was something about a fall from a
<hi rend="italic">'bus</hi> in it in June, and there were some notes showing payments to O'Falvey and Scott, and to Slingsby, and Clement Scott, and also showing the receipt of a cheque</p>
<xptr type="pageFacsimile" doc="190211170023"/>
<p>from O'Falvey—there is a note on December 13th of Seymour's name and his address at Putney—that is in Seymour's own writing—at Charing Gross I found a draft document signed J. Jackson, addressed to Miss Frere, and also a draft letter said to be in Slingsby's writing and signed "F. Walters"—all Miss Frere's letters and the replies to them were on a file—I also searched Temple Chambers—I found a number of circulars there elating to William Jamison, Limited, a draft letter to Mr. Parkes, and a County Court summons at the instance of Cope and Co. for electric fittings.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ELLIOTT</hi>. I never saw Seymour at the Whitehall Exchange—he does not appear in the cases of Miss Frere or Tamsett at all, only in the case of Parkes—I should doubt that Seymour dealt in 2,000 shares during the nine months before his arrest—I do not know Mr. Church—I made inquiries of Mr. Billingham, the managing director of the Company.</p>
<hi rend="italic">Cross-examined by Walters.</hi> The letters to Mackenzie were in the outside part of the office at Charing Cross; the Whitehall Exchange letters were mixed up with the other letters; most of the recent papers were in the inside office.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. TUDOR</hi>. The name of Mackenzie was in different type on the door—the letters addressed to him were opened before I saw them; I did not open them—I did not find that Mackenzie had dealt in 3,000 shares during the last year—he may have done his correspondence at his home at Mitcham, and merely used the office as an address, but I saw him at the office daily in the company of the others—they did not spend much time in the office; they were always in and out—I cannot say if I found any of Mackenzie's writing at the Whitehall Exchange—some unpaid cheques were found on him—they may have been taken up by him—I am not aware that there was a transfer of thirty fully paid shares in the Watson, Armstrong, Wade Company found on him.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">O'CONNOR</hi>. When I arrested Scott, I think he said. "I know about Tamsett"—I also charged him with defrauding Miss Frere—he said, "I had the money, but I did not intend to defraud her"—the letters found in his possession were about shares, and had been addressed to 31, Charing Cross—when I arrested Walters I charged him with defrauding Miss Frere and Emil Rimbod, and I mentioned several other matters to him—Rimbod was defrauded of £10 7s. in con
<lb/>nection with advertisement frauds—Scott said it was not fraudulent—I had been investigating Miss Frere's matter long before the arrest—I went to 31, Charing Cross, disguised once in connection with complaints which had reached me—I think I only saw Slingsby then—he consulted Walters on important matters—their office was only three or four doors from mine,—I had a lot of information from my own officers, and I had complaints daily—there was only one book there in reference to any tailor
<lb/>ing business.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-103" type="witnessName">
<interp inst="t19021117-name-103" type="gender" value="male"/>
<interp inst="t19021117-name-103" type="surname" value="WOMACK"/>
<interp inst="t19021117-name-103" type="given" value="WILLIAM"/>WILLIAM WOMACK</persName> </hi> (
<hi rend="italic">Detective-Sergeant.</hi>) New Scotland Yard is close to 31, Charing Cross—I arrested O'Falvey on August 23rd, at midnight, on Mitcham Common—he lived near there—I asked him if he knew me, he said, "Oh yes, very well"—I told him I held a warrant for his arrest</p>
<xptr type="pageFacsimile" doc="190211170024"/>
<p>for obtaining various sums of money from different persons—he said, "I do not know anything at all about it"—I mentioned Walters and Slingsby—I went with him to his house—I found some documents on him.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. TUDOR</hi>. I had seen him at Charing Cross on numerous occasions—I cannot contradict his statement that he only used it as a postal address—when I charged him on August 23rd I mentioned the Parkes' case to him—I do not know if it is mentioned on the warrant—I searched his house—I handed the papers I found there to Inspector Fuller—I cannot say if there was anything referring to the Tamsett and Frere cases—I found at his house letters addressed to 31, Charing Cross—I do not know if he did his writing at home—I found some letter paper there headed 31, Charing Cross—he did not make any difficulty about my seeing anything.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-104" type="witnessName">
<interp inst="t19021117-name-104" type="gender" value="male"/>
<interp inst="t19021117-name-104" type="surname" value="BERRETT"/>
<interp inst="t19021117-name-104" type="given" value="JAMES"/>JAMES BERRETT</persName> </hi> (
<hi rend="italic">Detective.</hi>) I have kept observation on 31, Charing Cross since about August 31st—at first I saw Walters and Slingsby frequently at that address—"The Whitehall Tailoring Company" was up at first—I next saw Scott there about two months after the others, and then O'Falvey about five or six months later—they used to go there and stay sometimes an hour or two, then go to the neighbouring public-houses, leaving a paper on the door saying, "Return in ten minutes."—latterly the office was not kept open at all—it was visited by Scott for letters—he was there for about two minutes in the morning and then went away again—on July 3rd I went to the office—I saw Slingsby and Walters there—I was with Baxter—I said to Slingsby, "You know us, don't you"—he said "Yes,"—I said, "We have called about a commission obtained from a man by an swering an advertisement in the Whitehall Exchange"—he said, "Oh yes, the firm have received a letter from Mr. Dounie; the matter is all right, and the letter has been answered; I deny any responsibility; a Mr. Wright and I, met a man named Snell in the Clarence; Wright gave an order, I have seen the
<hi rend="italic">advert</hi> in the paper; I have never caused any
<hi rend="italic">advert.</hi> to be inserted in respect to any business or property; the
<hi rend="italic">adverts.</hi> Kent, Scott, and Son, and Madam Elsey, 67, Brixton Road, are not mine; I have nothing to do with the business, and know nothing of the
<hi rend="italic">advert</hi> you speak about"—he then pointed to Walters at the end of the room—I went to him and he said, "I repudiate all knowledge of the
<hi rend="italic">advert.</hi>"—A copy of the
<hi rend="italic">International Courier</hi> was there—he picked it up and showed me an advertisement of the Whitehall Exchange, and said, "You do not think I should accept this; 'Whitehall' is spelt without the 'h'"—I saw Scott there, I said to him, "I want to speak to you Mr. Mackenzie," because I thought his name was Mackenzie—he said, "I deny I am Mac
<lb/>kenzie; you know better than that, Madam Elsey is my wife; I take all responsibility for her and myself; she is not living with me now; it is only a debt, let them sue me in the County Court; I have nothing to do with the people here, you know, the Whitehall Exchange"—on August 26th, at 7.30 p.m., I arrested Slingsby at 101, Brixton Road; he was ill and I did not take him into custody; I read the warrant to him—he said, "We have had no money from the man Rimbod"—he was kept under observation at his house, and was also under the care of the divisional surgeon for about</p>
<xptr type="pageFacsimile" doc="190211170025"/>
<p>three weeks—on September 11th he was taken to Cannon Row Police Station, and charged with being concerned with the others in the White
<lb/>hall Exchange frauds—he made no reply.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. TUDOR</hi>. O'Falvey went to the Whitehall Ex
<lb/>change Offices about six months after they were opened—he went there about June, 1901—I did not know that his name was Mackenzie, the difficulty was to find out who Mackenzie was—I never saw O'Falvey at the offices when I called there, but I have seen him when he was coming out with the others, and I have seen them divide money about 10 p.m., all pretty well drunk and rowing with each other about money—I know now that Mackenzie and O'Falvey are the same person—I saw O'Falvey use this office before Mackenzie was put on the door.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">O'CONNOR</hi>. I got suspicious of the Whitehall Exchange when first I saw the name up—the Whitehall Tailoring Company was up first—I noticed "Whitehall Exchange" up about a month after
<lb/>wards—it was posted on the top of the Whitehall Tailoring Company and concealed it—there was also a letter-box on the side of the door, with Slingsby's name on it, spelt "Slingsbie"—that was also removed—the Whitehall Exchange and the Whitehall Tailoring Company were not being carried on at the same time, because the name of one was covered by the other—I did not call there every day—I often had a look at the door when the prisoners were out—I saw them daily and hourly in the public-houses, they knew me quite well—I saw O'Falvey dealing out the money and then leave the others, and then wait for the last Brixton
<hi rend="italic">'bus</hi>—I saw him giving money to Slingsby, Scott, and Walters—I only saw that occur on one occasion—I do not know the date, it was in the street, and about a couple of months before the offices were closed.</p>
<hi rend="italic">Cross-examined by Mr.</hi>
<hi rend="smallCaps">FITCH</hi>. I did not see Seymour there on that occasion.</p>
<hi rend="italic">Re-examined.</hi> We watched 31, Charing Cross in consequence of the shady customers that Slingsby used to be with, and from enquiries, we knew for a positive fact that he had been bound over for fraud.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. TUDOR</hi>. That was long before the Whitehall Tailoring Company was up.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-105" type="witnessName">
<interp inst="t19021117-name-105" type="gender" value="male"/>
<interp inst="t19021117-name-105" type="surname" value="YARE"/>
<interp inst="t19021117-name-105" type="given" value="ALBERT"/>ALBERT YARE</persName> </hi> (
<hi rend="italic">Detective</hi>). On August 22nd, at 9.45 a.m., I saw Scott coming from 67, Brixton Road—I followed him to 31, Charing Cross—he went into the office, where he remained about a minute—he came out and went to several places, including the Woolpack public-house in Fore Street, City—he came out and was joined by Walters—some papers passed between them—they waited about 15 minutes and then went into the Woolpack—I saw them together again the same evening in St. Martin's Lane—on August 23rd I saw Scott go from Brixton Road to 31, Charing Cross—he went into the office and stayed a minute or two, and then went to the post office in the Strand, then to Farringdon Street, and then went into the King Lud, in Ludgate Circus, where he remained about a minute and came out with Walters—they went to the Golden Fleece—on the way there I saw papers pass between them—at the Golden Fleece they were arrested by Inspector Fuller.</p>
<xptr type="pageFacsimile" doc="190211170026"/>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. O'CONNOR</hi>. They were together the whole time on the second day after they left the King Lud—I could not see what the papers were which passed between them.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-106" type="witnessName">
<interp inst="t19021117-name-106" type="gender" value="male"/>
<interp inst="t19021117-name-106" type="surname" value="GOODACRE"/>
<interp inst="t19021117-name-106" type="given" value="CHARLES"/>CHARLES GOODACRE</persName> </hi> (333
<hi rend="italic">D.</hi>) On July 16th I arrested Walters in the name of Davy, on a committal warrant for the non-payment of a fine and costs, imposed at Bow Street Police-court on April 9th and he was imprisoned for six weeks—I arrested him in the office at Charing Cross; Slingsby was with him—when I told Walters what I was going to do he took a cheque-book out of a drawer, wrote on the cheques, and then put it back in the drawer, and said to Slingsby, "You can be getting on with those."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. TUDOR</hi>. I have not seen O'Falvey in the office.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-107" type="witnessName">
<interp inst="t19021117-name-107" type="gender" value="male"/>
<interp inst="t19021117-name-107" type="surname" value="ROBERTS"/>
<interp inst="t19021117-name-107" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN ROBERTS</persName> </hi>. I am examiner to one of the Official Receivers in the London Bankruptcy Court—I have here the file in the bankruptcy of James Walter Davy in 1889—the receiving order was made on April 16th and the adjudication on May 13th of the year he was adjudged a bank
<lb/>rupt—his liabilities were £2,553, and his assets were £50—no dividend has been paid and he is still undischarged—on the file there is a reference to a bankruptcy in 1877 at Exeter—I do not think there was any discharge from that bankruptcy—the liabilities were £8,549 and the assets £3,249—he was also adjudicated bankrupt on May, 9th, 1902, the receiving order is dated April 22nd—I went to Brixton Prison and saw Walters, and he admitted he was James Walter Davy, and said he had used the name James Walters, and he also admitted his previous petition in 1889.</p>
<hi rend="italic">Cross-examined by Walters.</hi> In the last bankruptcy the petitioning creditor is Walter Leslie Gibbs—he is a stockbroker—his return is for £142 9s. 4d., the amount of a judgment recovered against you in the King's Bench Division, on February 11th, 1902.</p>
<hi rend="smallCaps">T. H. GURRIN</hi> (
<hi rend="italic">Re-examined</hi>). The signatures in documents 152 and 153 are in Seymour's writing—I think 153
<hi rend="italic">a</hi> is in O'Falvey's writing—118
<hi rend="italic">a</hi> and 119
<hi rend="italic">a</hi> are in Slingsby's writing—156 is in O'Falvey's writing.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. TUDOR</hi>. I should not recognise the name of Parks on this list of names as being in O'Falvey's writing—I think No. 144 is in his—writing.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. O'CONNOR</hi>. I do not recognise the writing in Exhibit 120—the writing in No. 118
<hi rend="italic">a</hi> looks like Slingsby's writing, but it is not in his usual writing—I may have made a mistake—I think that Nos. 119, 121, and 22
<hi rend="italic">a</hi> are all in Slingsby's writing.</p>
<hi rend="italic">The Prisoners' statements before the Magistrate. O'Falvey says</hi>: "I submit there is nothing in the evidence to associate me with the charge as to the advertisements, and as to the rest I reserve my defence."
<hi rend="italic">Scott says:</hi> "I have had nothing to do with the share transactions nor with any business with the Whitehall Exchange, and I submit there is no evidence to the contrary."</p>
<hi rend="italic">Slingsby says</hi>: "I had nothing to do with the Whitehall Exchange except under Mr. Walters." Walters says (
<hi rend="italic">Part read only</hi>):"The other matters are merely matters of account which were in course of negotiation with the solicitors. You would not have heard of that, Tamsett's case, but for the fact of the advertisement charge being placed against me.</p>
<xptr type="pageFacsimile" doc="190211170027"/>
<p>This Frere's business, the cheques were sent for cover on Stock Exchange dealings. I did not act as a broker, but dealt in stocks and shares as a principal. At Easter Miss Frere's cover had run off There was, however, an amount of £30 which had been guaranteed by myself that she should be repaid whether the stocks went against her or not. As a matter of fact the stocks she dealt in were all South African, and no person could guarantee how the market would go. I intended to pay her the £30, and for that reason, I suppose, that bid for £35 was drawn that she should have the 150 West African shares, West African Corporation, which had stood at 14s. each and as high as 18s., and I should have sent them on to her but she refused to receive any shares. As con
<lb/>cerning the Bill afterwards, I scarcely know anything else."</p>
<hi rend="smallCaps">T. H. GURRIN</hi> (
<hi rend="italic">Re-examined</hi>). To the best of my belief Exhibit 143 is in Slingsby's writing—I do not know that it is quite in his ordinary writing—this letter I believe to be in Slingsby's writing and signed by Walters.</p>
<hi rend="italic">Walters, in his defence on oath, said that he had had no intention to de
<lb/>fraud; that he had not had any transactions with Seymour except trying to raise money for him, and had only seen him three or four times; and had no transactions with O'Falvey except lending him money.</hi> </p>
<hi rend="italic">O'Falvey, in his defence on oath, said that he never had anything to do with the Whitehall Exchange; that he traded as Mackenzie; that he never participated in any money paid by Tamsett or Miss Frere; that he was a dealer in the shares of William Jameson, Limited, to the extent of some thousands; and that he had no intention to defraud.</hi> </p>
<hi rend="italic">Slingsby, in his defence on oath, said that he took</hi> 31,
<hi rend="italic">Charing Cross to carry on a tailoring business; that he divided the place off into two compart
<lb/>ments; that Walters occupied one, and they were distinct; that he had nothing to do with Miss Frere's affairs; and that he did not know any
<lb/>thing of the Tamsett matter, or with the Whitehall Exchange.</hi> </p>
<hi rend="italic">Scott, in his defence on oath, said that he took</hi> 67,
<hi rend="italic">Brixton Road, to set up a tailoring business; that he had nothing to do with the Whitehall Exchange; that he had never had any of Tamsett's or Parkes' money; that he called at</hi> 31,
<hi rend="italic">Charing Cross, in order to take Slingsby up to town and home, as he was ill; that he did not pass as Mackenzie, and that O'Falvey had never given him money.</hi> </p>
<hi rend="largeCaps">WALTERS</hi>,
<hi rend="smallCaps">
<rs id="t19021117-17-verdict-1" type="verdictDescription">
<interp inst="t19021117-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-17-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t19021117-17-punishment-20" type="punishmentDescription">
<interp inst="t19021117-17-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-17-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-19021117 t19021117-17-punishment-20"/>Twelve months' imprisonment.</rs> </hi> </p>
<hi rend="largeCaps">SCOTT</hi>,
<rs id="t19021117-17-verdict-2" type="verdictDescription">
<interp inst="t19021117-17-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-17-verdict-2" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi> </rs>.</p>
<hi rend="italic">The Jury recommended him to mercy on the ground that he was influenced by the other prisoners.
<rs id="t19021117-17-punishment-21" type="punishmentDescription">
<interp inst="t19021117-17-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-17-punishment-21" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def4-17-19021117 t19021117-17-punishment-21"/>Six months' hard labour.</rs> </hi> </p>
<hi rend="largeCaps">O'FALVEY</hi>,
<hi rend="smallCaps">
<rs id="t19021117-17-verdict-3" type="verdictDescription">
<interp inst="t19021117-17-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-17-verdict-3" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He then</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of felony at this Court in June</hi>, 1890,
<hi rend="italic">and another conviction was proved against him.
<rs id="t19021117-17-punishment-22" type="punishmentDescription">
<interp inst="t19021117-17-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-17-punishment-22" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-17-19021117 t19021117-17-punishment-22"/>Two years' hard labour.</rs> </hi> </p>
<hi rend="largeCaps">SEYMOUR</hi>,
<rs id="t19021117-17-verdict-4" type="verdictDescription">
<interp inst="t19021117-17-verdict-4" type="verdictCategory" value="notGuilty"/>
<interp inst="t19021117-17-verdict-4" type="verdictSubcategory" value=""/>
<hi rend="smallCaps">NOT GUILTY</hi> </rs>;
<hi rend="italic">but the Jury censured him for indiscre
<hi rend="largeCaps">SLINGSBY</hi>,
<hi rend="smallCaps">
<rs id="t19021117-17-verdict-5" type="verdictDescription">
<interp inst="t19021117-17-verdict-5" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-17-verdict-5" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">Two convictions were proved against him.
<rs id="t19021117-17-punishment-23" type="punishmentDescription">
<interp inst="t19021117-17-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-17-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-17-19021117 t19021117-17-punishment-23"/>Nine months' imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19021117-18">
<interp inst="t19021117-18" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-18" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-18-charge-1" targOrder="Y" targets="def1-18-19021117 t19021117-18-offence-1 t19021117-18-verdict-1"/>
<persName id="def1-18-19021117" type="defendantName">
<interp inst="def1-18-19021117" type="gender" value="male"/>
<interp inst="def1-18-19021117" type="surname" value="DIGBY"/>
<interp inst="def1-18-19021117" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE DIGBY</hi> </persName>
<rs id="t19021117-18-offence-1" type="offenceDescription">
<interp inst="t19021117-18-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19021117-18-offence-1" type="offenceSubcategory" value="fraud"/>
<hi rend="smallCaps">
<rs id="t19021117-18-verdict-1" type="verdictDescription">
<interp inst="t19021117-18-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-18-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to unlawfully obtaining 18s. from
<persName id="t19021117-name-109" type="victimName">
<interp inst="t19021117-name-109" type="gender" value="male"/>
<interp inst="t19021117-name-109" type="surname" value="MATTHEWS"/>
<interp inst="t19021117-name-109" type="given" value="HENRY BURGOYNE"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-18-offence-1 t19021117-name-109"/>Henry Burgoyne Matthews</persName> by false pretences, having been convicted of conspiring to defraud at this Court in June, 1898. </rs>
<rs id="t19021117-18-punishment-24" type="punishmentDescription">
<interp inst="t19021117-18-punishment-24" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19021117-18-punishment-24" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-18-19021117 t19021117-18-punishment-24"/>
<hi rend="italic">To enter into recog
<lb/>nisances.</hi> </rs> </p> </div1>
<xptr type="pageFacsimile" doc="190211170028"/>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday. November</hi> 19
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Justice Bigham.</hi> </p>
<div1 type="trialAccount" id="t19021117-19">
<interp inst="t19021117-19" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-19" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-19-charge-1" targOrder="Y" targets="def1-19-19021117 t19021117-19-offence-1 t19021117-19-verdict-1"/>
<persName id="def1-19-19021117" type="defendantName">
<interp inst="def1-19-19021117" type="gender" value="male"/>
<interp inst="def1-19-19021117" type="age" value="49"/>
<interp inst="def1-19-19021117" type="surname" value="BARROW"/>
<interp inst="def1-19-19021117" type="given" value="THOMAS FAIRCLOUGH"/>
<hi rend="largeCaps">THOMAS FAIRCLOUGH BARROW</hi> (49)</persName>
<rs id="t19021117-19-offence-1" type="offenceDescription">
<interp inst="t19021117-19-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19021117-19-offence-1" type="offenceSubcategory" value="murder"/>, For the wilful murder of
<persName id="t19021117-name-111" type="victimName">
<interp inst="t19021117-name-111" type="gender" value="female"/>
<interp inst="t19021117-name-111" type="surname" value="BARROW"/>
<interp inst="t19021117-name-111" type="given" value="EMILY"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-19-offence-1 t19021117-name-111"/>Emily Barrow</persName>.</rs> </p>
<hi rend="smallCaps">MR. A. GILL</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. BIRON</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t19021117-name-112" type="witnessName">
<interp inst="t19021117-name-112" type="gender" value="female"/>
<interp inst="t19021117-name-112" type="surname" value="INSOLE"/>
<interp inst="t19021117-name-112" type="given" value="LOUISA EMMA"/>LOUISA EMMA INSOLE</persName> </hi>. I have known the prisoner over eleven years; he came to lodge at my house—the deceased came with him—she was about 33 years old when she first came—she had a child about six months old—I did not know who was its father—she always called the prisoner father, and I understood she was his daughter—the baby was sent to an asylum at Dart
<lb/>ford—the deceased had another child born at St. George's Infirmary about twelve months' ago; it only lived a short time—the prisoner and the deceased lived alone for about twelve months—during that time they quarrelled a great deal—they lived upstairs on the top floor; I lived down
<lb/>stairs—I was only in their room about six times, but I heard them—I had no idea they were living as man and wife—on Friday, October 10th, about 8.30 p.m., I saw the deceased come home—I heard a noise outside my front room; I saw the prisoner trying to push the deceased upstairs—at the top she cried, "Someone go for the police, he-will murder me"—he had beaten her before that—I sent for the police; they went upstairs and spoke to the prisoner—the deceased came down to me—she left about 9.15 with another young woman, a friend of mine—I did not see either the prisoner or the deceased again that night—on October 16th a police officer left a summons for the prisoner about 10.30 a.m.—the prisoner came in two or three minutes afterwards and I gave him the summons—he said, "What is this for?"—I said, "I do not know"—he then opened it and said. "It is for an assault"—I said, "It might be through that affair on Friday night"—I saw him on October 17th at about 11.30; he seemed very much upset and was crying bitterly—he said, "I have lived with you over eleven years; you think you know Emily but you don't; she is a false cat; she has de
<lb/>ceived me from top to bottom"—I said, "Emily is old enough to take care of herself, and you must try and get some work and do the best you can"—he paid me 3s. rent on that day; Emily had always paid it before—she worked very hard and the prisoner very little—he said he would sell off the home and go into the workhouse—I saw him again that night at 8 o'clock—I did not see him again until he was in custody—I heard him go out the next morning at 6.50; I heard him say"Good morning "to my daughter.</p>
<hi rend="italic">Cross-examined.</hi> Before October 17th I had never seen the prisoner cry during the eleven years I had known him; he seemed very much upset after the summons came—he appeared to be crying because she had gone away—he said. "What have I done for her to go away like this?"—I said I did no know—he appeared to be very fond of her—on the occasion of the assault I saw him trying to push Emily upstairs—I did not know he was a sailor; he worked as a labourer at the docks sometimes.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-113" type="witnessName">
<interp inst="t19021117-name-113" type="gender" value="male"/>
<interp inst="t19021117-name-113" type="surname" value="LORYMAN"/>
<interp inst="t19021117-name-113" type="given" value="HENRY"/>HENRY LORYMAN</persName> </hi>. I live at 39, Marsham Road, Bermondsey—I knew Emily Barrow; she used to work at the same place as I did—I believe sh earned 12s. a week—I left that place about August last—I never saw her</p>
<xptr type="pageFacsimile" doc="190211170029"/>
<p>between that time and October—on the evening of October 10th I saw her at Millwall—I accompanied her near to Red Lion Street, where she lived—I saw the prisoner there—he said, "Who are you?"—I said, "A friend," and walked away—I had never seen him before.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-114" type="witnessName">
<interp inst="t19021117-name-114" type="gender" value="male"/>
<interp inst="t19021117-name-114" type="surname" value="CORKER"/>
<interp inst="t19021117-name-114" type="given" value="JEAN"/>JEAN CORKER</persName> </hi>. I am the wife of Frederick Corker of 7, Wapping Wall—I knew Emily Barrow fourteen or fifteen years before her death, and also the prisoner—I understood them to be father and daughter—she came to my house about 10 o'clock on Friday night, October 10th, and remained there until the 18th, the day she died—I saw the prisoner on Saturday, October 11th, outside my house—he came up and asked for his wife—I said, "There is no wife of yours here, Mr. Barrow"—I told him to go away, and he went—about 7.50 I left home to go to Fish's, where Emily Barrow was employed; the prisoner was outside—he followed me all the way grumbling about Emily—after going to the factory I returned home, and he again followed me—I went with Emily Barrow to the Thames Police Court the same day—he came again to my place at night, asked for Emily, and tried to force his way in—I resisted him and called my son, who got him out—he came again on Sunday morning, October 12th, and said, "Will you ask Emily to give me the key of the room door?"—I said, "You have a key of your own"—he said, "In the scuffle yesterday I lost it"—I said, "You will find the key at home; Emily sent it to Lizzie Dye"—the next week Emily Barrow went to work; on Saturday, October 18th, she left home at 10 minutes to 8, and I did not see her alive again.</p>
<hi rend="italic">Cross-examined.</hi> The prisoner was quite peaceable when he asked for the key—the scuffle he referred to took place on the Friday evening the week before.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-115" type="witnessName">
<interp inst="t19021117-name-115" type="gender" value="male"/>
<interp inst="t19021117-name-115" type="surname" value="CORKER"/>
<interp inst="t19021117-name-115" type="given" value="EDWARD SAMUEL"/>EDWARD SAMUEL CORKER</persName> </hi>. I am a warehouseman and live at 7, Wapping Wall—on Friday, the 11th October, I was at home—between eight and nine o'clock there was a knock at the door; my brother James answered it—he came back and said Mr. Barrow was at the door, and I went and saw him—he asked me if he could see Emily—I said that she was out—he then asked for my mother, and I told him she was out—he wanted to wait and see her, and I told him to wait outside—he then wanted to speak to my father, but my father would not see him—he then tried to force his way in and I threw him out—he came back and shouted through the keyhole that we should all know of it before twelve o'clock to-morrow.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-116" type="witnessName">
<interp inst="t19021117-name-116" type="gender" value="male"/>
<interp inst="t19021117-name-116" type="surname" value="CHAMBERLAIN"/>
<interp inst="t19021117-name-116" type="given" value="JOHN"/>JOHN CHAMBERLAIN</persName> </hi>. I am an engine driver and live at 31, Wapping Wall—about 8 a.m. on October 18th I was in Glamis Road—I knew Emily Barrow by sight—I saw her on the opposite side of the road going the reverse direction to me—I passed her—the prisoner was running behind her—he was about 100 yards away, and before he reached her he began to walk—I passed them and then heard a scream—I turned round and saw the deceased with her hands up—she appeared to be on the half turn Facing the prisoner—he was in the act of striking her with a knife—the blow was in the direction of the upper part of her body—I should say the knife produced was the knife—I immediately ran towards them; another man had already seized the prisoner—I seized the wrist of the hand in which he had the knife, and called to the other man to take it out, which</p>
<xptr type="pageFacsimile" doc="190211170030"/>
<p>he did—when the woman was first struck she ran across the road pursued by the prisoner, striking her as they were running—I saw about three blows—They fell together—while I was picking her up the prisoner said, "She is my wife; she is a false woman"—I took her to the hospital—the police had not then arrived.</p>
<hi rend="italic">Cross-examined.</hi> From the time I heard the scream I saw everything that happened—before the Magistrate and Coroner I said I believed the blow cut her hand—that was the only blow I saw struck.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-117" type="witnessName">
<interp inst="t19021117-name-117" type="gender" value="male"/>
<interp inst="t19021117-name-117" type="surname" value="TAYLOR"/>
<interp inst="t19021117-name-117" type="given" value="EDWARD"/>EDWARD TAYLOR</persName> </hi>. I am a dock labourer of 5, Bruton Street, Ratcliff—on Saturday morning, October 18th, I was in Glamis Road about eight o'clock—I saw there a young woman whom I now know as Emily Barrow—she was on the opposite side of the road to me but going the same way, about fifty yards in front—the prisoner was running behind her—when he got within twelve yards of her he slackened up into a walk—he struck her in the back with his right hand and she half turned round—I could not see if he had anything in his hand or not—she ran across the road with her hands up, screaming, and just before she got to the kerb he struck her again in the right side—I rushed up, and a seafaring man there handed to the witness Dodkin a knife—at that time the prisoner and the woman were on the pavement—I held the prisoner down—he kept saying that the woman was his wife—we then went to take him to the station, and on the way met a police officer—at the station the prisoner said, "I did it, I did it; you do not know all."</p>
<hi rend="italic">Cross-examined.</hi> I did not see the knife until I got him up—she was trying to get away from him, stumbled, and fell, and he fell also—I cannot say if he fell on top of her—I cannot say positively if the blow I saw struck hit her; if she had her hands behind it might have struck them.</p>
<hi rend="italic">Re-examined.</hi> She fell face downwards.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-118" type="witnessName">
<interp inst="t19021117-name-118" type="gender" value="male"/>
<interp inst="t19021117-name-118" type="surname" value="DODKIN"/>
<interp inst="t19021117-name-118" type="given" value="THOMAS"/>THOMAS DODKIN</persName> </hi>. I am a labourer of 30, Gill Street, Limehouse—on October 18th, about 8 a.m., I was at the corner of High Street and Glamis. Road, Shadwell—I heard a cry from the woman I now know as Emily Barrow—She was running across the road pursued by the prisoner—he had a knife and struck her in the back and she fell face downwards—I ran across to where she fell—this is the knife (
<hi rend="italic">Produced</hi>)—I took it to the police station.</p>
<hi rend="italic">Cross-examined.</hi> I saw the knife before I ran across the road—the prisoner struck her with it—there are no railings where she fell—at the time the blow was struck the prisoner was between me and the woman—I was about forty to forty-five yards off—when I got there the prisoner was being held on the ground by other people, and the woman was on the pavement, but I cannot say the exact spot—I saw the prisoner run across the road—I did not see him fall.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I am clear that I saw the prisoner strike the woman in the back—there was no one between me and them to prevent my seeing that—I then saw her fall.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-119" type="witnessName">
<interp inst="t19021117-name-119" type="gender" value="male"/>
<interp inst="t19021117-name-119" type="surname" value="BRANSON"/>
<interp inst="t19021117-name-119" type="given" value="ROBERT PHILIP TUTCLIFFE"/>ROBERT PHILIP TUTCLIFFE BRANSON</persName> </hi>. I am resident medical officer of the East London Hospital for Children—Emily Barrow was brought</p>
<xptr type="pageFacsimile" doc="190211170031"/>
<p>there about eight o'clock on Saturday morning, October 18th; she was then dead—I made a superficial examination of the body at the time, and found two wounds at first, one in front of the chest between the first and second ribs on the left-hand side, and another in the back to the right of the spine—she was left until Dr. Grant, the police surgeon, came, and together we made another superficial examination—we found five wounds—in the afternoon, by the Coroner's order, I made a
<hi rend="italic">post-mortem</hi> examina
<lb/>tion; there was one wound in the front of the chest on the left-hand side between the first and second ribs, on the surface of the skin, about three-quarters of an inch long; it was a punctured wound, and we traced it down to its end in the main artery and heart, which it had wounded—from this wound there had bled into the chest about two pints and a-half of blood; there were two wounds behind, one about the level of the third rib just to the right of the spine, which had entered the right side of the chest apparently without wounding the lung—it was of the same character as the one in front, and there was about eight ounces of blood in the side of the chest—there was another small punctured wound behind just above the left buttock, quite a superficial one—there was a wound above the left ear, where the ear joins the scalp, of a similar character, as far as its appearance on the skin went, as the one on the front of the chest; and the upper two wounds behind it passed down for about one and a-half inches—there was lastly a superficial wound on the back of the left hand which laid bare the tendons—the wounds were such as would correspond with the knife produced, and might very well have been made by it—the wound in, front of the chest was the cause of death.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-120" type="witnessName">
<interp inst="t19021117-name-120" type="gender" value="male"/>
<interp inst="t19021117-name-120" type="surname" value="GRANT"/>
<interp inst="t19021117-name-120" type="given" value="CHARLES GRAHAM"/>CHARLES GRAHAM GRANT</persName> </hi>. I am police surgeon of division—I examined the body of the deceased with the last witness—I have heard his evidence—in all essential particulars I agree with it—after the injury to the chest, in my opinion, it would have been possible for the woman to have run across the road—the knife was handed to me by the police; it had been newly sharpened and was covered with oil—there was a moist, red stain upon, it having the appearance of blood; on testing it I found it to be so—the knife fitted the wounds and corresponded to the incisions; in the body.</p>
<hi rend="italic">Cross-examined.</hi> It would be an unusual thing for a woman to be able to run across the road after such a wound had been inflicted in her chest; if there had been no evidence of the time or method in which it was inflicted, I should have expected it to have been inflicted after she crossed the road and before she died.</p>
<hi rend="italic">Re-examined.</hi> In my opinion it was quite possible for her to have crossed the road after the wound was inflicted.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-121" type="witnessName">
<interp inst="t19021117-name-121" type="gender" value="male"/>
<interp inst="t19021117-name-121" type="surname" value="CURTIS"/>
<interp inst="t19021117-name-121" type="given" value="GEORGE"/>GEORGE CURTIS</persName> </hi> (30
<hi rend="italic">H.R.</hi>) I was on duty at Shadwell Police Station on Saturday morning, October 18th—I received a message, and on going out found the prisoner in custody of some men—I arrested him, took him to the station, and charged him—he said, "This will end it all now; all I want is a rope round my neck"—on searching him I found a summons and a note book.</p>
<xptr type="pageFacsimile" doc="190211170032"/>
<hi rend="smallCaps">
<persName id="t19021117-name-122" type="witnessName">
<interp inst="t19021117-name-122" type="gender" value="male"/>
<interp inst="t19021117-name-122" type="surname" value="DIVALL"/>
<interp inst="t19021117-name-122" type="given" value="THOMAS"/>THOMAS DIVALL</persName> </hi> (
<hi rend="italic">Police-Inspector H.</hi>) On October 18th I saw the prisoner at Shadwell Station at 9.30—I told him he would be charged with the murder of Emily Barrow—he said, "Yes, thank you," then paused, and said, "Yes."</p>
<hi rend="smallCaps">
<persName id="t19021117-name-123" type="witnessName">
<interp inst="t19021117-name-123" type="gender" value="male"/>
<interp inst="t19021117-name-123" type="surname" value="WENSLEY"/>
<interp inst="t19021117-name-123" type="given" value="FREDERICK"/>FREDERICK WENSLEY</persName> </hi> (
<hi rend="italic">Police-Sergeant H.</hi>) On October 18th, about ten o'clock, I received the prisoner in custody at Arbor Square Police Station—he said, "This has been brought about by another woman who wanted to get her away from me; we had a quarrel, she left me, and then sum
<lb/>moned me for assualting her; I am sorry it has happened, but she is out of trouble now, and I shall soon be the same."—he afterwards said that her name was Coates.</p>
<hi rend="italic">Cross-examined.</hi> I have made inquiries about the prisoner—at one time he was in the Navy, but was invalided out on account of varicose veins—he then joined the merchant service, which he left in consequence of some accident, resulting in his losing three fingers of his left hand.</p>
<hi rend="italic">Evidence for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t19021117-name-124" type="witnessName">
<interp inst="t19021117-name-124" type="gender" value="male"/>
<interp inst="t19021117-name-124" type="surname" value="SCOTT"/>
<interp inst="t19021117-name-124" type="given" value="JAMES"/>JAMES SCOTT</persName> </hi>. I am medical officer at Brixton Prison—I have had a large experience in seeing prisoners in cases of this kind—on Monday, November 17th, I saw the prisoner there—he told me that at times, owing to illness, he was confused and scarcely knew what he was doing; that he suffered a great deal at times from varicose veins, which, he said, caused him great pain (he also suffers from an affection of the stomach); that at times he suffered from severe pains in the head, and when he was harassed or had pain, or worry, or trouble, he became very confused in his mind, and lost power over himself—I think he said he had a sunstroke some years ago when in the Navy, and that when a boy he fell down a well fifty feet deep—I made inquiries whether he had any family history in relation to insanity—he said his brother was for some time in an asylum, but he could not give me any particulars or dates, and that his mother had been out of her mind, but he could not give me any definite particulars of that either—he said that when he committed the crime he did not know what he was doing—he handed me a written statement in which he stated that he had bought 14 lbs. of charcoal with the intention of committing suicide; that he had ignited it in the room, but had not closed the apertures sufficiently, and that had made him more confused in his mind.</p>
<hi rend="italic">Cross-examined.</hi> It was not until Monday last that he made the state
<lb/>ment with regard to his mother and brother—when he mentioned about the charcoal I asked him if the fact had come out at the previous inquiries, or if he wished any witness called to prove it—he said he did not know how it could be proved unless the police had information of its being found in the house—apart from these statements I have seen nothing in his con
<lb/>dition or manner upon which I could form the opinion that his mind was affected—I saw no symptom of mental aberration—in my opinion he is absolutely sane—I saw nothing to the contrary.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I saw nothing in his state to indicate that he did not Know right from wrong.</p>
<rs id="t19021117-19-verdict-1" type="verdictDescription">
<interp inst="t19021117-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-19-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>.
<rs id="t19021117-19-punishment-25" type="punishmentDescription">
<interp inst="t19021117-19-punishment-25" type="punishmentCategory" value="death"/>
<interp inst="t19021117-19-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-19-19021117 t19021117-19-punishment-25"/>
<hi rend="largeCaps">DEATH</hi>.</rs> </p> </div1>
<xptr type="pageFacsimile" doc="190211170033"/>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, November</hi> 10
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<interp inst="t19021117-20" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-20" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-20-charge-1" targOrder="Y" targets="def1-20-19021117 t19021117-20-offence-1 t19021117-20-verdict-1"/>
<persName id="def1-20-19021117" type="defendantName">
<interp inst="def1-20-19021117" type="gender" value="male"/>
<interp inst="def1-20-19021117" type="age" value="28"/>
<interp inst="def1-20-19021117" type="surname" value="ROBERSON"/>
<interp inst="def1-20-19021117" type="given" value="WALTER"/>
<hi rend="largeCaps">WALTER ROBERSON</hi> (28)</persName>
<rs id="t19021117-20-offence-1" type="offenceDescription">
<interp inst="t19021117-20-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19021117-20-offence-1" type="offenceSubcategory" value="receiving"/>,
<hi rend="smallCaps">
<rs id="t19021117-20-verdict-1" type="verdictDescription">
<interp inst="t19021117-20-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-20-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to feloniously receiving a book containing stamped forms of transfer, the property of
<persName id="t19021117-name-126" type="victimName">
<interp inst="t19021117-name-126" type="gender" value="male"/>
<interp inst="t19021117-name-126" type="surname" value="LOVEY"/>
<interp inst="t19021117-name-126" type="given" value="ALFRED HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-20-offence-1 t19021117-name-126"/>Alfred Henry Lovey</persName> and another. </rs>
<hi rend="italic">
<rs id="t19021117-20-punishment-26" type="punishmentDescription">
<interp inst="t19021117-20-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-20-punishment-26" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-20-19021117 t19021117-20-punishment-26"/>Eighteen months' hard labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19021117-21">
<interp inst="t19021117-21" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-21" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-21-charge-1" targOrder="Y" targets="def1-21-19021117 t19021117-21-offence-1 t19021117-21-verdict-1"/>
<join result="criminalCharge" id="t19021117-21-charge-2" targOrder="Y" targets="def2-21-19021117 t19021117-21-offence-1 t19021117-21-verdict-2"/>
<persName id="def1-21-19021117" type="defendantName">
<interp inst="def1-21-19021117" type="gender" value="male"/>
<interp inst="def1-21-19021117" type="age" value="27"/>
<interp inst="def1-21-19021117" type="surname" value="TYLER"/>
<interp inst="def1-21-19021117" type="given" value="JAMES WILLIAM"/>
<hi rend="largeCaps">JAMES WILLIAM TYLER</hi> (27)</persName> and
<persName id="def2-21-19021117" type="defendantName">
<interp inst="def2-21-19021117" type="gender" value="male"/>
<interp inst="def2-21-19021117" type="age" value="18"/>
<interp inst="def2-21-19021117" type="surname" value="TOMLINS"/>
<interp inst="def2-21-19021117" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM TOMLINS</hi> (18)</persName>
<rs id="t19021117-21-offence-1" type="offenceDescription">
<interp inst="t19021117-21-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19021117-21-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Breaking into the shop of
<persName id="t19021117-name-129" type="victimName">
<interp inst="t19021117-name-129" type="gender" value="male"/>
<interp inst="t19021117-name-129" type="surname" value="PETRE"/>
<interp inst="t19021117-name-129" type="given" value="CHARLES"/>
<interp inst="t19021117-name-129" type="occupation" value="shopkeeper"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-21-offence-1 t19021117-name-129"/>Charles Petre</persName> with intent to steal. </rs>
<hi rend="largeCaps">TYLER</hi>
<hi rend="smallCaps">
<rs id="t19021117-21-verdict-1" type="verdictDescription">
<interp inst="t19021117-21-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-21-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="smallCaps">MR. HARDY</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t19021117-name-130" type="witnessName">
<interp inst="t19021117-name-130" type="gender" value="male"/>
<interp inst="t19021117-name-130" type="surname" value="FOSTER"/>
<interp inst="t19021117-name-130" type="given" value="WILLIAM"/>WILLIAM FOSTER</persName> </hi>. I am junior clerk to Messrs. Field and Co. at Peninsula House, Monument Yard—I heard a crashing of glass on Friday last about 6 p.m.—I went on the roof—a lad came with me, but he ran back again—I saw two men looking out at a window—I asked what they were doing there—they said they were only looking round—Tyler jumped out at the window—I
<hi rend="italic">claimed</hi> him and tustled with him—he kicked me and broke away and got through a wall—then I caught Tomlins—we struggled; he got away—I saw Tomlins the same night in the cells—I have no doubt about him.</p>
<hi rend="italic">Cross-examined by Tomlins.</hi> I did not stop you in the street.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-131" type="witnessName">
<interp inst="t19021117-name-131" type="gender" value="male"/>
<interp inst="t19021117-name-131" type="surname" value="BROWN"/>
<interp inst="t19021117-name-131" type="given" value="BERTRAM"/>BERTRAM BROWN</persName> </hi>. I am one of the firm of Field and Co.—last Friday I was in my office about 6 p.m.—I heard a crashing of glass—I went into our warehouse and called one of the men back whom I saw between the office and the lavatory in the basement—I asked Foster to go on the roof with another lad, and went to the back, as the only way of escape for anyone to drop off there—I noticed that a man had dropped from the fence—I chased him as far as from this Court to St. Paul's, and into an empty building—he fell on his back and started kicking—I called to a young man to give me a hand—Tomlins is the man—I never lost sight of him.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-132" type="witnessName">
<interp inst="t19021117-name-132" type="gender" value="male"/>
<interp inst="t19021117-name-132" type="surname" value="DELAMORE"/>
<interp inst="t19021117-name-132" type="given" value="ERNEST"/>ERNEST DELAMORE</persName> </hi> (864
<hi rend="italic">City</hi>). I was on duty on Friday last about 6.15 in Hart Lane—from information received I took Tomlins to the premises of Messrs. Petre, where I saw Tyler—I sent for another constable—the prisoners were taken to the police station and charged—Tyler said, "Very good"—Tomlins made no reply.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-133" type="witnessName">
<interp inst="t19021117-name-133" type="gender" value="male"/>
<interp inst="t19021117-name-133" type="surname" value="STAINER"/>
<interp inst="t19021117-name-133" type="given" value="GEORGE"/>GEORGE STAINER</persName> </hi> (
<hi rend="italic">City Police-Sergeant</hi> 39.) I examined Mr. Petre's premises shortly after 6 p.m. on Friday—I found ah entry had been effected by climbing the fence from Lower Thames Street and breaking a pane of glass about 4 feet square; an attempt had been made to force a drawer—I found this iron in a revolving shutter and this knife on the roof—both had been used; the knife to open the window—the window-sash was closed—the putty was removed with the knife, and the glass, 4 feet square, taken out—half of the glass had fallen inside and half outside.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-134" type="witnessName">
<interp inst="t19021117-name-134" type="gender" value="male"/>
<interp inst="t19021117-name-134" type="surname" value="BESANT"/>
<interp inst="t19021117-name-134" type="given" value="FREDERICK"/>FREDERICK BESANT</persName> </hi>. I am manager to Mr. Petre—I left the premises about 5 p.m. on Friday, having closed the place—when I went back the next morning I found a window pane out, and that a drawer had been tampered with which contained van tickets which are used by the porters to get goods from the vans—Tyler was in our employ about 2 1/2 months.</p>
<hi rend="italic">Tomlins statement before the Magistrate.</hi> "I know nothing about</p>
<xptr type="pageFacsimile" doc="190211170034"/>
<p>this affair, and I know nothing about this man whatever."
<hi rend="italic">He repeated this in his defence, and said that he was never there at the time.</hi> </p>
<hi rend="largeCaps">TOMLINS</hi>.
<hi rend="smallCaps">
<rs id="t19021117-21-verdict-2" type="verdictDescription">
<interp inst="t19021117-21-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-21-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t19021117-21-punishment-27" type="punishmentDescription">
<interp inst="t19021117-21-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-21-punishment-27" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-21-19021117 t19021117-21-punishment-27"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-21-19021117 t19021117-21-punishment-27"/>Twelve months' hard labour each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t19021117-22">
<interp inst="t19021117-22" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-22" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-22-charge-1" targOrder="Y" targets="def1-22-19021117 t19021117-22-offence-1 t19021117-22-verdict-1"/>
<join result="criminalCharge" id="t19021117-22-charge-2" targOrder="Y" targets="def2-22-19021117 t19021117-22-offence-1 t19021117-22-verdict-1"/>
<persName id="def1-22-19021117" type="defendantName">
<interp inst="def1-22-19021117" type="gender" value="male"/>
<interp inst="def1-22-19021117" type="age" value="35"/>
<interp inst="def1-22-19021117" type="surname" value="NICHOLLS"/>
<interp inst="def1-22-19021117" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN NICHOLLS</hi> (35)</persName> and
<persName id="def2-22-19021117" type="defendantName">
<interp inst="def2-22-19021117" type="gender" value="male"/>
<interp inst="def2-22-19021117" type="age" value="39"/>
<interp inst="def2-22-19021117" type="surname" value="GARRETT"/>
<interp inst="def2-22-19021117" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN GARRETT</hi> (39)</persName>
<rs id="t19021117-22-offence-1" type="offenceDescription">
<interp inst="t19021117-22-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19021117-22-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 189 lbs. of dead fish, the property of the
<persName id="t19021117-name-137" type="victimName">
<interp inst="t19021117-name-137" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-22-offence-1 t19021117-name-137"/>Great Northern Railway Company</persName> Mr. </rs>
<hi rend="smallCaps">J. P. GRAIN</hi> and
<hi rend="smallCaps">MR. KERSHAW</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. MOSES</hi> appeared for
<hi rend="italic">Nicholls;</hi> and
<hi rend="smallCaps">MR. LEYCESTER</hi> for
<hi rend="italic">Garrett.</hi> </p>
<hi rend="smallCaps">
<persName id="t19021117-name-138" type="witnessName">
<interp inst="t19021117-name-138" type="gender" value="male"/>
<interp inst="t19021117-name-138" type="surname" value="WARDER"/>
<interp inst="t19021117-name-138" type="given" value="DAVID"/>DAVID WARDER</persName> </hi> (
<hi rend="italic">Chief Detective-Inspector, Great Northern Railway</hi>). On October 9th, I was with other officers in the neighbourhood of Royal Mint Street Depot at 4.40 a.m. in consequence of information I had received—I entered truck 8784 which had arrived from Grimsby during the night—it is described as a box truck, because it is closed in, and has a door—I and the other officers rushed to it—the door was open—the prisoners were in the truck—Nicholls was taking fish from the top of one kit and throwing it into another kit, which we afterwards seized—Garrett stood with a wooden hoop in his hand the hoop is placed over the canvas to secure it—I noticed a plaice on the floor of the truck along
<lb/>side the kit—I said to the prisoners, "What are you doing here?"—Nicholls said, "There is one loose"—Garrett said, "Nicholls asked me to help him"—I told them that I should detain them for stealing a quantity of fish from various consignments, the property of the Great Northern Railway Company—they came out of the truck then—Nicholls said, "This kit is unentered," referring to the kit we had seized, and into which he had thrown the fish—it had a label addressed to G. W. Hooker, Fish
<lb/>monger, St. Luke's, E.C., Mint Street Station—I told him that it could not be unentered, because three kits were consigned to Hooker there—I sent for the waybills—I examined the kits in truck 8784—under the address on the label was "From G. E. Pegg, fish and ice merchant, Grimsby"—the kit would go back there in ordinary course—that kit was dry—on the top was plaice—it was weighed by another officer in my presence—there were 189 lbs. of haddocks and 27 lbs. of plaice—I examined the other kits in truck No. 8784—I found nineteen of the kits consigned to Hitchcock—two of them had the canvas cut, two were loose or slack, that is not full, apparently some had been taken out and the canvas replaced—haddock had been taken out—fish coming to the Mint Street Depot is the property of the Great Northern Railway until it is delivered to the proper consignee.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MOSES</hi>. The truck was the last but one at the arches end of the platform, and the third from the office end—I began to watch about 4 a.m.—the trucks were then in position—I did not see Nicholls till we rushed into the truck—there are three checkers, Nicholls, Garrett, and How—they come on duty for a month at a time—they have other duties in connection with this particular fish—we were watching out
<lb/>side the station opposite the bank—there is a policeman's box in the station at the entrance gate and about 30 yards from the public way—there is always someone on duty there, and at different parts of the station—the checker goes into the truck with a light hand-lamp, and sorts the packages</p>
<xptr type="pageFacsimile" doc="190211170035"/>
<p>to the different consignees, but that is not difficult, they are generally packed together, and he has another man in the truck, to put them on a barrow—there is a man in charge of the truck, and he has what men he wants—30 or 40 men may pass by the trucks—the delivery of the fish is hurried as much as the men can—the fish trains are late sometimes—the checker's duty at Grimsby is to shut the truck, and anybody going in would probably be caught—I know that all Hitchcock's fish were haddocks, but there was plaice in the truck—I only saw that one plaice and that was put there almost instantaneously—the checker moves the fish if he cannot get help, but the kits move easily on their heads and do not want pulling—hoops and canvases come off: it is the checker's duty then to replace the fish and to secure the kit—I swear it was a plaice and not canvas in Nicholl's hand—there were plaice that morning con
<lb/>signed to Samuel Isaacs in boxes which could be easily prized open.</p>
<hi rend="italic">Cross-examined by</hi> Leycester. If the kit got damaged or the canvas got torn it was Nicholl's duty to mend it—there was no impropriety in Nicholls asking Garrett to help him—there are policemen to watch so that no fish is smuggled out, and if a man goes out and appears bulky the police would
<hi rend="italic">rub him down</hi>—Garrett has been with the Company thirteen years—up to about August he was not suspected—in August we suspected the prisoners—Garrett has borne a good character.</p>
<hi rend="italic">Re-examined.</hi> We serve a number of fishmongers—Mr. Grudgington comes nearly every day to pick up his consignment—a number of our vans also deliver to consignees—a pass is required at the gate for carts other than those of the Company—the consignments to Isaacs were in boxes—they were all plaice—Garrett's employment that morning was in another part of the yard—the empties are returned to Grimsby without, altering the label—the consignments to Hooker that day were three kits of skate.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-139" type="witnessName">
<interp inst="t19021117-name-139" type="gender" value="male"/>
<interp inst="t19021117-name-139" type="surname" value="ROBUS"/>
<interp inst="t19021117-name-139" type="given" value="GEORGE"/>GEORGE ROBUS</persName> </hi> (
<hi rend="italic">Detective Office, Great Northern Railway.</hi>) On October 9th I was watching with Warder about 4.40 a.m.—I rushed with him into truck No. 8784—I saw Nicholls when we entered, throwing a fish from a kit which had the canvas cut across the top of a consignment of haddock into a kit on his left with no canvas on, but which had Hooker's label with the consignor's name, Pegg, of Grimsby, on it—Warder said to Nicholls, "What are you doing here"—Nicholls said, "There is one broken"—Garrett had a hoop in his hand—Warder said, "What are you doing?"—he said that Nicholls had asked him to lend him a hand—I examined the canvases in the truck—three had been torn—I weighed the fish from the kit—there were 189 lbs. of haddock and 27 lbs. of plaice—this is the label in Hooker's name on it—Nicholls said it was a kit for Hooker—I turned the waybills up and found three kits invoiced to Hooker, and going back to the bank I found those had been taken from the truck,—and placed on the bank intact—I said to Nicholls, "There are only three kits entered to Hooker here, they are on the bank"—Nicholls examined the labels and satisfied himself that there were three kits for Hooker and made no further remark—I told Nicholls that the fish he was throwing into the dirty kit with Hooker's label on it, were stolen fish, and that he was</p>
<xptr type="pageFacsimile" doc="190211170036"/>
<p>making the kit up, that the label was old and the kit was a returned empty—Garrett stood by and heard what was said—he said nothing.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MOSES</hi>. Occasionally kits are in the van which are not entered in the waybill—then it is the checker's duty to enter them—he has to go through the van to find out whether there are any kits unentered—I began to watch at 4 a.m. outside the station—I saw Nicholls go into the second truck from the arches, No. 8784, about five minutes before we made the rush—I cannot say how many kits were in the truck—I found nineteen kits of Hitchcock's fish, besides other fish—I do not think there were fifty; possibly there were twenty to twenty-three, or more, I did not count them.</p>
<hi rend="italic">Re-examined.</hi> I found this iron on the bank opposite the truck—it is not the company's property; it is used to open cases—a hammer would answer the purpose—no package was broken to allow the fish to fall on the floor—there was dry dirt on the kit—when the kit comes from Grimsby it is wet and clean—Isaac's fish had been taken away.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-140" type="witnessName">
<interp inst="t19021117-name-140" type="gender" value="male"/>
<interp inst="t19021117-name-140" type="surname" value="BLACK"/>
<interp inst="t19021117-name-140" type="given" value="WILLIAM"/>WILLIAM BLACK</persName> </hi> I am in partnership with G. E. Pegg, fish and ice merchant, of Grimsby—on October 8th I consigned to Mr. Hooker three kits of skate weighing 45 stone—that was all I sent him that day—I con
<lb/>signed no haddock or plaice to him.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-141" type="witnessName">
<interp inst="t19021117-name-141" type="gender" value="male"/>
<interp inst="t19021117-name-141" type="surname" value="CHASE"/>
<interp inst="t19021117-name-141" type="given" value="NATHANIEL"/>NATHANIEL CHASE</persName> </hi>.—I am a checker on the Great Central Railway Company at Grimsby—on October 8th I received from Mr. Pegg three kits of fish consigned to Hooker, Royal Mint Street Station—I made out the consignment note—they were placed in van 9527.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-142" type="witnessName">
<interp inst="t19021117-name-142" type="gender" value="male"/>
<interp inst="t19021117-name-142" type="surname" value="HOOKER"/>
<interp inst="t19021117-name-142" type="given" value="GEORGE WILLIAM"/>GEORGE WILLIAM HOOKER</persName> </hi>. I am a fishmonger of 128, Lever Street, St. Luke's—on October 9th, I received from Mr. Pegg three kits con
<lb/>taining 45 stone of skate—I had no plaice or haddock consigned to me that day—the label was similar to this produced—my address is at the bottom and the empty is returned without alteration—we do not trouble to take the label off or put another on—I receive consignments from Pegg two or three times a week in kits.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-143" type="witnessName">
<interp inst="t19021117-name-143" type="gender" value="male"/>
<interp inst="t19021117-name-143" type="surname" value="HITCHCOCK"/>
<interp inst="t19021117-name-143" type="given" value="ALFRED"/>ALFRED HITCHCOCK</persName> </hi>. I am a fishmonger, of 79, New Road, Bermondsey—on October 8th Mr. Crawford, of Grimsby, invoiced to me nineteen kits of haddock of 13 stone each, which I received on October 9th—five or six were in a slack condition—I had the fish weighed—there were 13 stone short—the kits were about half full, you could see where they were taken off.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MOSES</hi>. I did not weigh all the fish—they had to be delivered at four different places.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-144" type="witnessName">
<interp inst="t19021117-name-144" type="gender" value="male"/>
<interp inst="t19021117-name-144" type="surname" value="CRAWFORD"/>
<interp inst="t19021117-name-144" type="given" value="EDWARD GEORGE"/>EDWARD GEORGE CRAWFORD</persName> </hi>. I am a fishmonger at Grimsby Docks—on October 8th I consigned to Mr. Hitchcock nineteen kits of haddock addressed to 97, New Road, Bermondsey, London—the kits were all
<hi rend="italic">bran spanking</hi> new and covered with new canvas on the top—the kits were full.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MOSES</hi>. The fish are packed in ice—when the ice melts the canvas gets slacker.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-145" type="witnessName">
<interp inst="t19021117-name-145" type="gender" value="male"/>
<interp inst="t19021117-name-145" type="surname" value="COWLEY"/>
<interp inst="t19021117-name-145" type="given" value="GEORGE"/>GEORGE COWLEY</persName> </hi>. I am a checker of the Great Central Railway at Grimsby—on October 8th I loaded at Grimsby nineteen kits of fish con-signed</p>
<xptr type="pageFacsimile" doc="190211170037"/>
<p>to Hitchcock in van No. 8781—I also loaded nineteen other boxes of fish—they were in good condition.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-146" type="witnessName">
<interp inst="t19021117-name-146" type="gender" value="male"/>
<interp inst="t19021117-name-146" type="surname" value="KENT"/>
<interp inst="t19021117-name-146" type="given" value="CHARLES"/>CHARLES KENT</persName> </hi> (776
<hi rend="italic">City.</hi>) I was called and took the prisoners into custody on October 9th—on searching I found £25 in gold and 18s. 8d. in silver and bronze on Garrett, and on Nicholls 5s. 8 1/2d. and some small articles.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LEYCESTER</hi>. I found some papers on Garrett—I have not got them, they are at the Minories Station—they related to bets—(
<hi rend="italic">The witness was directed to get the papers.</hi>)</p>
<hi rend="smallCaps">
<persName id="t19021117-name-147" type="witnessName">
<interp inst="t19021117-name-147" type="gender" value="male"/>
<interp inst="t19021117-name-147" type="surname" value="WARDER"/>
<interp inst="t19021117-name-147" type="given" value="DAVID"/>DAVID WARDER</persName> </hi> (
<hi rend="italic">Re-examined.</hi>) A checker's wages are 27s. a week—the men are paid on Friday—October 9th was a Thursday—I get that information from our staff officer—I do not know that Nicholls has a tonnage payment of about 8s. a week.</p>
<hi rend="italic">Nicholls, in his defence on oath, said that the canvas and the hoop came off the kit, and it was a piece of canvas and not a plaice that he had in his hand when the detective rushed in and said, "Drop it," and that he did not bring the empty into the van, but asked Garrett to help him. And had no intention to steal the fish.</hi> </p>
<hi rend="italic">Garrett, in his defence on oath, said that Nicholls asked him to give him a hand, and he did his duty by doing so, as he was not busy; that he had no intention to steal, and that he was his own banker and gained money by betting, as his papers which the police took from him would show.</hi> </p>
<hi rend="smallCaps">
<persName id="t19021117-name-148" type="witnessName">
<interp inst="t19021117-name-148" type="gender" value="male"/>
<interp inst="t19021117-name-148" type="surname" value="KENT"/>
<interp inst="t19021117-name-148" type="given" value="CHARLES"/>CHARLES KENT</persName> </hi> (
<hi rend="italic">Re-examined.</hi>) I find that Garrett had the whole of his property returned to him, and that he has signed for it in this book—the entry is "John Garrett: Purse containing £25 18s. 8 1/2d., seven keys, two pocket knives, seven pencils, one pipe, tobacco box, and racing slip."</p>
<hi rend="smallCaps">
<rs id="t19021117-22-verdict-1" type="verdictDescription">
<interp inst="t19021117-22-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19021117-22-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, November</hi> 19
<hi rend="italic">th</hi>, 1902.</p>
<div1 type="trialAccount" id="t19021117-23">
<interp inst="t19021117-23" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-23" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-23-charge-1" targOrder="Y" targets="def1-23-19021117 t19021117-23-offence-1 t19021117-23-verdict-1"/>
<persName id="def1-23-19021117" type="defendantName">
<interp inst="def1-23-19021117" type="gender" value="male"/>
<interp inst="def1-23-19021117" type="age" value="73"/>
<interp inst="def1-23-19021117" type="surname" value="COLLINS"/>
<interp inst="def1-23-19021117" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS COLLINS</hi> (73)</persName>
<rs id="t19021117-23-offence-1" type="offenceDescription">
<interp inst="t19021117-23-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19021117-23-offence-1" type="offenceSubcategory" value="bankrupcy"/>.
<hi rend="smallCaps">
<rs id="t19021117-23-verdict-1" type="verdictDescription">
<interp inst="t19021117-23-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-23-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to unlawfully obtaining from
<persName id="t19021117-name-150" type="victimName">
<interp inst="t19021117-name-150" type="gender" value="male"/>
<interp inst="t19021117-name-150" type="surname" value="MAYLE"/>
<interp inst="t19021117-name-150" type="given" value="FRANK"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-23-offence-1 t19021117-name-150"/>Frank Mayle</persName>, credit to the amount of £46 7s., 9d. without in
<lb/>forming him that he was an undischarged bankrupt.</rs>
<hi rend="italic">He received a good character.
<rs id="t19021117-23-punishment-28" type="punishmentDescription">
<interp inst="t19021117-23-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-23-punishment-28" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-23-19021117 t19021117-23-punishment-28"/>Four months in the second division.</rs> </hi>—And</p> </div1>
<div1 type="trialAccount" id="t19021117-24">
<interp inst="t19021117-24" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-24" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-24-charge-1" targOrder="Y" targets="def1-24-19021117 t19021117-24-offence-1 t19021117-24-verdict-1"/>
<persName id="def1-24-19021117" type="defendantName">
<interp inst="def1-24-19021117" type="gender" value="male"/>
<interp inst="def1-24-19021117" type="age" value="19"/>
<interp inst="def1-24-19021117" type="surname" value="MOSS"/>
<interp inst="def1-24-19021117" type="given" value="HARRY"/>
<hi rend="largeCaps">HARRY MOSS</hi> (19)</persName>
<rs id="t19021117-24-offence-1" type="offenceDescription">
<interp inst="t19021117-24-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19021117-24-offence-1" type="offenceSubcategory" value="burglary"/>, to burglariously breaking out of the dwelling house of
<persName id="t19021117-name-152" type="victimName">
<interp inst="t19021117-name-152" type="gender" value="male"/>
<interp inst="t19021117-name-152" type="surname" value="HOWLAND"/>
<interp inst="t19021117-name-152" type="given" value="JOHN ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-24-offence-1 t19021117-name-152"/>John Alfred Howland</persName>, having been convicted at North London Sessions on June 4th, 1901. </rs>
<rs id="t19021117-24-punishment-29" type="punishmentDescription">
<interp inst="t19021117-24-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-24-punishment-29" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-24-19021117 t19021117-24-punishment-29"/>
<hi rend="italic">Nine months' hard labour.</hi> </rs>
<rs id="t19021117-24-verdict-1" type="verdictDescription">
<interp inst="t19021117-24-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-24-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t19021117-25">
<interp inst="t19021117-25" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-25" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-25-charge-1" targOrder="Y" targets="def1-25-19021117 t19021117-25-offence-1 t19021117-25-verdict-1"/>
<persName id="def1-25-19021117" type="defendantName">
<interp inst="def1-25-19021117" type="gender" value="female"/>
<interp inst="def1-25-19021117" type="surname" value="PERRY"/>
<interp inst="def1-25-19021117" type="given" value="MARGARET"/>
<hi rend="largeCaps">MARGARET PERRY</hi>, Feloniously</persName>
<rs id="t19021117-25-offence-1" type="offenceDescription">
<interp inst="t19021117-25-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19021117-25-offence-1" type="offenceSubcategory" value="bigamy"/> marrying
<persName id="t19021117-name-154" type="victimName">
<interp inst="t19021117-name-154" type="gender" value="male"/>
<interp inst="t19021117-name-154" type="surname" value="FREAKLEY"/>
<interp inst="t19021117-name-154" type="given" value="CHARLES FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-25-offence-1 t19021117-name-154"/>Charles Frederick Freakley</persName>, her husband being then alive.</rs> </p>
<hi rend="smallCaps">MR. BIGGS</hi>
<hi rend="italic">Prosecuted</hi>, and
<hi rend="smallCaps">MR. STEPHENSON</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="italic">There being no proof that the prisoner had seen or heard of her husband for seven years, the</hi>
<hi rend="smallCaps">COMMON SERJEANT</hi>
<hi rend="italic">held that there was no case to go to the jury.</hi> </p>
<hi rend="smallCaps">
<rs id="t19021117-25-verdict-1" type="verdictDescription">
<interp inst="t19021117-25-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19021117-25-verdict-1" type="verdictSubcategory" value="directed"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t19021117-26">
<interp inst="t19021117-26" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-26" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-26-charge-1" targOrder="Y" targets="def1-26-19021117 t19021117-26-offence-1 t19021117-26-verdict-1"/>
<persName id="def1-26-19021117" type="defendantName">
<interp inst="def1-26-19021117" type="gender" value="male"/>
<interp inst="def1-26-19021117" type="age" value="29"/>
<interp inst="def1-26-19021117" type="surname" value="RUTHNICK"/>
<interp inst="def1-26-19021117" type="given" value="ALBERT"/>
<hi rend="largeCaps">ALBERT RUTHNICK</hi> (29)</persName>
<rs id="t19021117-26-offence-1" type="offenceDescription">
<interp inst="t19021117-26-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19021117-26-offence-1" type="offenceSubcategory" value="forgery"/>, Forging and uttering a request for the delivery of a box, the property of
<persName id="t19021117-name-156" type="victimName">
<interp inst="t19021117-name-156" type="gender" value="male"/>
<interp inst="t19021117-name-156" type="surname" value="LOFFLER"/>
<interp inst="t19021117-name-156" type="given" value="HUGO"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-26-offence-1 t19021117-name-156"/>Hugo Loffler</persName>.</rs> </p>
<xptr type="pageFacsimile" doc="190211170038"/>
<hi rend="smallCaps">MR. RODERICK</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. DICKENS</hi>
<hi rend="italic">Prosecuted, and the evidence was interpreted to the prisoner.</hi> </p>
<hi rend="smallCaps">
<persName id="t19021117-name-157" type="witnessName">
<interp inst="t19021117-name-157" type="gender" value="male"/>
<interp inst="t19021117-name-157" type="surname" value="TRIEBEL"/>
<interp inst="t19021117-name-157" type="given" value="LOUIS"/>LOUIS TRIEBEL</persName> </hi>: I keep a private hotel at 114, Leman Street, White
<lb/>chapel—on October 25th the prosecutor left a box at my place—the prisoner was carrying it for him—on October 28th in the afternoon the prisoner brought me this letter and asked me to give him the box: "Please give the bearer my box, London, 28th October. Hugo Loftier"—I did not open the letter—I said, "I shall not give you the box; let Mr. Loffler come with you"—he then went away, and shortly after he came again with the letter with this written outside the envelope: "As I am now busy with my cases, I cannot get away; please give my box to the bearer"—I again said to the prisoner, "I shall not give you the box"—he said, "Give me back the letter"—I said, "No, the letter belongs to me; I will keep it, and let Mr. Loffler come."</p>
<hi rend="smallCaps">
<persName id="t19021117-name-158" type="witnessName">
<interp inst="t19021117-name-158" type="gender" value="male"/>
<interp inst="t19021117-name-158" type="surname" value="LOFFLER"/>
<interp inst="t19021117-name-158" type="given" value="HUGO"/>HUGO LOFFLER</persName> </hi>. I live at 99, Charlotte Street. E.—I know the prisoner—he carried a box for me to Mr. Triebel's restaurant on October 25th—after that, I had nothing further to do with him—I never gave him any authority to apply for my box at Mr. Triebel's—this letter is not in my writing—the contents of the box were worth £9 or £10.</p>
<hi rend="italic">Cross-examined.</hi> I have talked with you about going to South Africa, but I never gave you authority to fetch my box away from Mr. Triebel's—I stated at the police court that the contents were worth only £5 or £6, but I have made a list since, and the value is £9 or £10.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-159" type="witnessName">
<interp inst="t19021117-name-159" type="gender" value="male"/>
<interp inst="t19021117-name-159" type="surname" value="ROBINSON"/>
<interp inst="t19021117-name-159" type="given" value="JOHN"/>JOHN ROBINSON</persName> </hi> (
<hi rend="italic">Dock Constable.</hi>) On October 29th, at 1 p.m., I was on duty at St. Katharine's Docks—I heard cries of "Police," and saw the prosecutor and the prisoner having high words—I asked what the matter was, and the prosecutor told me that the prisoner had written a letter trying to obtain a box of clothing belonging to him—I took him into custody.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-160" type="witnessName">
<interp inst="t19021117-name-160" type="gender" value="male"/>
<interp inst="t19021117-name-160" type="surname" value="YEO"/>
<interp inst="t19021117-name-160" type="given" value="JOHN"/>JOHN YEO</persName> </hi> (303
<hi rend="italic">H.</hi>) I was at the station when the prisoner was brought in—the charge was interpreted to him, and he made no reply.</p>
<hi rend="italic">The prisoner, in his defence on oath, said that he did not write the letter, but was asked to deliver it by somebody else whose name he did not know.</hi> </p>
<rs id="t19021117-26-verdict-1" type="verdictDescription">
<interp inst="t19021117-26-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-26-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of uttering.</hi> </rs>
<hi rend="italic">
<rs id="t19021117-26-punishment-30" type="punishmentDescription">
<interp inst="t19021117-26-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-26-punishment-30" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-26-19021117 t19021117-26-punishment-30"/>Six months' hard labour.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday and Friday, November</hi> 20
<hi rend="italic">th and</hi> 21
<hi rend="italic">st</hi>, 1902.</p>
<hi rend="italic">Before Mr. Justice Bigham.</hi> </p>
<div1 type="trialAccount" id="t19021117-27">
<interp inst="t19021117-27" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-27" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-27-charge-1" targOrder="Y" targets="def1-27-19021117 t19021117-27-offence-1 t19021117-27-verdict-"/>
<hi rend="italic">This Court was occupied on these days with the trial of</hi>
<persName id="def1-27-19021117" type="defendantName">
<interp inst="def1-27-19021117" type="gender" value="female"/>
<interp inst="def1-27-19021117" type="surname" value="PENRUDDOCKE"/>
<interp inst="def1-27-19021117" type="given" value="ANNIE ELIZABETH"/>
<hi rend="largeCaps">ANNIE ELIZABETH PENRUDDOCKE</hi> </persName>
<rs id="t19021117-27-offence-1" type="offenceDescription">
<interp inst="t19021117-27-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19021117-27-offence-1" type="offenceSubcategory" value="other"/>.
<hi rend="italic">a case removed from the Wiltshire Assizes.</hi> </rs> </p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Thursday, November</hi> 20
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t19021117-28">
<interp inst="t19021117-28" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-28" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-28-charge-1" targOrder="Y" targets="def1-28-19021117 t19021117-28-offence-1 t19021117-28-verdict-1"/>
<persName id="def1-28-19021117" type="defendantName">
<interp inst="def1-28-19021117" type="gender" value="male"/>
<interp inst="def1-28-19021117" type="surname" value="HECHT"/>
<interp inst="def1-28-19021117" type="given" value="ALBERT"/>
<hi rend="largeCaps">ALBERT HECHT</hi>, Maliciously</persName>
<rs id="t19021117-28-offence-1" type="offenceDescription">
<interp inst="t19021117-28-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19021117-28-offence-1" type="offenceSubcategory" value="libel"/> publishing certain libels concerning
<persName id="t19021117-name-163" type="victimName">
<interp inst="t19021117-name-163" type="gender" value="male"/>
<interp inst="t19021117-name-163" type="surname" value="ERNST"/>
<interp inst="t19021117-name-163" type="given" value="MAURICE"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-28-offence-1 t19021117-name-163"/>Maurice Ernst</persName>. </rs>
<hi rend="italic">The prisoner stated that he was</hi> </p>
<rs id="t19021117-28-verdict-1" type="verdictDescription">
<interp inst="t19021117-28-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-28-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">GUILTY</hi>,
<hi rend="italic">upon which the Jury found that verdict.</hi> </rs>
<hi rend="italic">
<rs id="t19021117-28-punishment-31" type="punishmentDescription">
<interp inst="t19021117-28-punishment-31" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19021117-28-punishment-31" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-28-19021117 t19021117-28-punishment-31"/>Discharged on recognisances.</rs> </hi> </p> </div1>
<xptr type="pageFacsimile" doc="190211170039"/>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Thursday, November</hi> 20
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before J. A. Rentoul, Esq., K.C.</hi> </p>
<div1 type="trialAccount" id="t19021117-29">
<interp inst="t19021117-29" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-29" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-29-charge-1" targOrder="Y" targets="def1-29-19021117 t19021117-29-offence-1 t19021117-29-verdict-1"/>
<persName id="def1-29-19021117" type="defendantName">
<interp inst="def1-29-19021117" type="gender" value="male"/>
<interp inst="def1-29-19021117" type="age" value="53"/>
<interp inst="def1-29-19021117" type="surname" value="SMITH"/>
<interp inst="def1-29-19021117" type="given" value="ALFERD"/>
<hi rend="largeCaps">ALFERD SMITH</hi> (53)</persName>
<rs id="t19021117-29-offence-1" type="offenceDescription">
<interp inst="t19021117-29-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19021117-29-offence-1" type="offenceSubcategory" value="rape"/>, Carnally knowing
<persName id="t19021117-name-165" type="victimName">
<interp inst="t19021117-name-165" type="gender" value="female"/>
<interp inst="t19021117-name-165" type="surname" value="SMITH"/>
<interp inst="t19021117-name-165" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-29-offence-1 t19021117-name-165"/>Elizabeth Smith</persName>, a girl between the ages of 1.3 and 16 years.</rs> </p>
<hi rend="smallCaps">MR. HUTTON</hi> and
<hi rend="smallCaps">MR. JENKLNS</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<rs id="t19021117-29-verdict-1" type="verdictDescription">
<interp inst="t19021117-29-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-29-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t19021117-29-punishment-32" type="punishmentDescription">
<interp inst="t19021117-29-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-29-punishment-32" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-29-19021117 t19021117-29-punishment-32"/>Eighteen months' hard labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t19021117-30">
<interp inst="t19021117-30" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-30" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-30-charge-1" targOrder="Y" targets="def1-30-19021117 t19021117-30-offence-1 t19021117-30-verdict-1"/>
<persName id="def1-30-19021117" type="defendantName">
<interp inst="def1-30-19021117" type="gender" value="male"/>
<interp inst="def1-30-19021117" type="age" value="27"/>
<interp inst="def1-30-19021117" type="surname" value="FISCHER"/>
<interp inst="def1-30-19021117" type="given" value="MAX"/>
<hi rend="largeCaps">MAX FISCHER</hi> (27)</persName>
<rs id="t19021117-30-offence-1" type="offenceDescription">
<interp inst="t19021117-30-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19021117-30-offence-1" type="offenceSubcategory" value="fraud"/>, Obtaining 17s. by false pretences from
<persName id="t19021117-name-167" type="victimName">
<interp inst="t19021117-name-167" type="gender" value="female"/>
<interp inst="t19021117-name-167" type="surname" value="PENCE"/>
<interp inst="t19021117-name-167" type="given" value="LOUIE"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-30-offence-1 t19021117-name-167"/>Louie Pence</persName>, and a watch and chain and £1 from.
<persName id="t19021117-name-168" type="victimName">
<interp inst="t19021117-name-168" type="gender" value="female"/>
<interp inst="t19021117-name-168" type="surname" value="DENMAN"/>
<interp inst="t19021117-name-168" type="given" value="MARY ANN SOPHIA"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-30-offence-1 t19021117-name-168"/>Mary Ann Sophia Denman</persName>, with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. CAMPBELL</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t19021117-name-169" type="witnessName">
<interp inst="t19021117-name-169" type="gender" value="indeterminate"/>
<interp inst="t19021117-name-169" type="surname" value="PENCE"/>
<interp inst="t19021117-name-169" type="given" value="LOUIE"/>LOUIE PENCE</persName> </hi>. I am a married woman of 18, May Street, West Kensing
<lb/>ton—on the afternoon of August 24th, outside the Mansion House, I asked a policeman the way to the tube railway station; the prisoner came up and asked to be allowed to show me the way, as he was going that way—I consented, and went with him to the Post Office Station in Newgate Street—we travelled together to Shepherd's Bush, and in the train he asked me if I could give him change for a sovereign—I gave him 17s., and said I would give him the other 3s. when we got out—the sovereign had two heads—I said, "I do not like this sovereign; "he said "New Man. It is all right since the King is crowned"—I thought it was one of the new coins—at Shepherd's Bush he disappeared—I showed the sovereign to two people at Shepherd's Bush and to a policeman, and was told that it was not a sovereign—I have not got it now, I have lost it—I next saw the prisoner in October outside the Bank—he came up to me and asked me how I was, and if I was living close by—I saw a policeman on the opposite side, and made an excuse that I was going by one of the omnibuses across the way—he asked if he might come with me—I consented, and when I got to the opposite side I gave him into custody.</p>
<hi rend="italic">Cross-examined by the prisoner.</hi> I have lived for some time in France—you spoke to me sometimes in French—I did not speak to you first.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-170" type="witnessName">
<interp inst="t19021117-name-170" type="gender" value="female"/>
<interp inst="t19021117-name-170" type="surname" value="DENMAN"/>
<interp inst="t19021117-name-170" type="given" value="MARY ANN SOPHIA"/>MARY ANN SOPHIA DENMAN</persName> </hi>. I am single, and am housemaid at 168, Haverstock Hill—on October 22nd, about 1.30 p.m., I met the prisoner outside the Vaudeville Theatre—he lifted his hat and said, "Good after
<lb/>noon"—we got into conversation, and he said he had brought some horses over from New York, and that he would want some money and was going to send a cablegram to New York for £9 10s.—he asked me to go with him to Charing Cross Post Office, which I did—he went inside and presently came out and asked me for 6d., as the cablegram cost more than he had—I had not 6d., but gave him a sovereign, and he gave me back the change—he said he should have to wait forty minutes for the money, so we went to the matinee performance at the Strand Theatre—we had two 2s. 6d. seats, for which I gave him a half sovereign, but he gave me-no change—when we came out we went again to Charing Cross Post Office—he went inside, and presently came out and said that they had told him he was to go to the General Post Office—we went there—he went inside and came out and said that he had to pay 17s. 6d. for the cablegram, and would I give</p>
<xptr type="pageFacsimile" doc="190211170040"/>
<p>him back the silver that he had given me—I did so, and he said he was 6s. short—he then persuaded me to let him pawn my watch and chain for 6s. to make up the difference—he did so and gave me the ticket—we then went back to the General Post Office—he went inside and I waited outside for over two hours, but saw no more of him that day—I gave information to the police—I saw him the next day at about 10.30 p.m. at Snow Hill Police Station, and identified him from eight or nine other men.</p>
<hi rend="italic">Cross-examined.</hi> I am positive you are the man.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-171" type="witnessName">
<interp inst="t19021117-name-171" type="gender" value="male"/>
<interp inst="t19021117-name-171" type="surname" value="BATTERSBY"/>
<interp inst="t19021117-name-171" type="given" value="WILLIAM CHARLES"/>WILLIAM CHARLES BATTERSBY</persName> </hi>. I am assistant to William Battersby, a bawnbroker, of 80, Newgate Street—the pawn ticket produced is one of our firm's—I produce the watch and chain referred to in it—to the best of my belief the prisoner is the man who pawned it—he gave the name of Harrison.</p>
<hi rend="italic">Cross-examined.</hi> The man who pawned the watch and chain resembled you in every way—it was pawned on October 22nd for 6s.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-172" type="witnessName">
<interp inst="t19021117-name-172" type="gender" value="male"/>
<interp inst="t19021117-name-172" type="surname" value="GREENOUGH"/>
<interp inst="t19021117-name-172" type="given" value="CHARLES"/>CHARLES GREENOUGH</persName> </hi> (
<hi rend="italic">City Detective.</hi>) I saw the prisoner at Snow Hill Police Station at 11 p.m. on October 23rd—he was placed with ten other men, and Miss Denman at once identified him—he was charged and replied, "I have never seen the lady before, I only came out of hospital on Wednes
<lb/>day"—that would be the day before—he gave an address at Chipstead Street, Brick Lane, but on inquiry he was not known there—on him I found 5s. 10 1/2d., sixteen pawn tickets, two keys, a comb, and a memorandum.</p>
<hi rend="italic">Cross-examined.</hi> You said you were a waiter—you did not say anything about having consignments of cattle from New York—you said you had come out of the hospital on Wednesday, about 12 o'clock.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-173" type="witnessName">
<interp inst="t19021117-name-173" type="gender" value="male"/>
<interp inst="t19021117-name-173" type="surname" value="HUNTER"/>
<interp inst="t19021117-name-173" type="given" value="FREDERICK"/>FREDERICK HUNTER</persName> </hi>. I live at 78, Chesant Road, Fulham, and am booking clerk at the Shepherd's Bush station of the Central London Rail
<lb/>way—on Sunday, August 24th, Mrs. Pence showed me a coin—I examined it and found that it was a Coronation souvenir—it was of no value.</p>
<hi rend="italic">Cross-examined.</hi> I have never seen you with Mrs. Pence—I first saw you at the Guildhall Police Court—I did not say there that it was in October when the lady spoke to me.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-174" type="witnessName">
<interp inst="t19021117-name-174" type="gender" value="male"/>
<interp inst="t19021117-name-174" type="surname" value="NICHOLLS"/>
<interp inst="t19021117-name-174" type="given" value="ERNEST"/>ERNEST NICHOLLS</persName> </hi> (502
<hi rend="italic">City.</hi>) On August 24th I saw Mrs. Pence and the prisoner together at Shepherd's Bush Station of the Central London Railway.</p>
<hi rend="italic">The prisoner, in his defence, said that on the dates mentioned by the prosecution he was in the hospital.</hi> </p>
<hi rend="smallCaps">
<rs id="t19021117-30-verdict-1" type="verdictDescription">
<interp inst="t19021117-30-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-30-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He then</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of felony at this Court on November</hi> 19
<hi rend="italic">th</hi>, 1900,
<hi rend="italic">in the name of
<persName id="t19021117-name-175">
<interp inst="t19021117-name-175" type="gender" value="male"/>
<interp inst="t19021117-name-175" type="surname" value="FISCHER"/>
<interp inst="t19021117-name-175" type="given" value="MARK"/>Mark Fischer</persName>.
<rs id="t19021117-30-punishment-33" type="punishmentDescription">
<interp inst="t19021117-30-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t19021117-30-punishment-33" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-30-19021117 t19021117-30-punishment-33"/>Two years' hard labour.</rs> </hi> </p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Friday, Saturday, and Monday, November</hi> 21
<hi rend="italic">st</hi>, 22
<hi rend="italic">nd And</hi> 24
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t19021117-31">
<interp inst="t19021117-31" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-31" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-31-charge-1" targOrder="Y" targets="def1-31-19021117 t19021117-31-offence-1 t19021117-31-verdict-1"/>
<persName id="def1-31-19021117" type="defendantName">
<interp inst="def1-31-19021117" type="gender" value="male"/>
<interp inst="def1-31-19021117" type="age" value="42"/>
<interp inst="def1-31-19021117" type="surname" value="MACDONNELL"/>
<interp inst="def1-31-19021117" type="given" value="FREDERICK THEODORE"/>
<hi rend="largeCaps">FREDERICK THEODORE MACDONNELL</hi> (42)</persName>
<rs id="t19021117-31-offence-1" type="offenceDescription">
<interp inst="t19021117-31-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19021117-31-offence-1" type="offenceSubcategory" value="sodomy"/>, Committing an act of gross indecency with
<persName id="t19021117-name-177">
<interp inst="t19021117-name-177" type="gender" value="male"/>
<interp inst="t19021117-name-177" type="surname" value="MCGUINNESS"/>
<interp inst="t19021117-name-177" type="given" value="WILLIAM"/>William McGuinness</persName>, a male person.</rs> </p>
<hi rend="smallCaps">MR. BODKIN</hi>
<hi rend="italic">Prosecuted;</hi> </p>
<hi rend="smallCaps">MR. C. F. GILL, K.C</hi>.,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. CHAS. MATHEWS</hi>.</p>
<hi rend="italic">Defended.</hi> </p>
<hi rend="italic">The prisoner received an excellent character.</hi> </p>
<hi rend="smallCaps">
<rs id="t19021117-31-verdict-1" type="verdictDescription">
<interp inst="t19021117-31-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19021117-31-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t19021117-32">
<interp inst="t19021117-32" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-32" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-32-charge-1" targOrder="Y" targets="def1-32-19021117 t19021117-32-offence-1 t19021117-32-verdict-1"/>
<xptr type="pageFacsimile" doc="190211170041"/>
<persName id="def1-32-19021117" type="defendantName">
<interp inst="def1-32-19021117" type="gender" value="male"/>
<interp inst="def1-32-19021117" type="age" value="41"/>
<interp inst="def1-32-19021117" type="surname" value="GOMMEZ"/>
<interp inst="def1-32-19021117" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD GOMMEZ</hi> (41)</persName>
<rs id="t19021117-32-offence-1" type="offenceDescription">
<interp inst="t19021117-32-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19021117-32-offence-1" type="offenceSubcategory" value="fraud"/>,
<hi rend="smallCaps">
<rs id="t19021117-32-verdict-1" type="verdictDescription">
<interp inst="t19021117-32-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19021117-32-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to unlawfully con
<lb/>verting 100 to his own use, the moneys of
<persName id="t19021117-name-179" type="victimName">
<interp inst="t19021117-name-179" type="gender" value="female"/>
<interp inst="t19021117-name-179" type="surname" value="MCLAREN"/>
<interp inst="t19021117-name-179" type="given" value="ANNIE MCINNES"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-32-offence-1 t19021117-name-179"/>Annie McInnes McLaren</persName>. </rs>
<hi rend="italic">He received a good character.
<rs id="t19021117-32-punishment-34" type="punishmentDescription">
<interp inst="t19021117-32-punishment-34" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19021117-32-punishment-34" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-32-19021117 t19021117-32-punishment-34"/>Discharged on Recognisances.</rs> </hi> </p> </div1>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Friday, November</hi> 21
<hi rend="italic">st, and Monday, November</hi> 24
<hi rend="italic">th</hi>, 1902.</p>
<hi rend="italic">Before Lumley Smith, Esq., K.C.</hi> </p>
<div1 type="trialAccount" id="t19021117-33">
<interp inst="t19021117-33" type="uri" value="sessionsPapers/19021117"/>
<interp inst="t19021117-33" type="date" value="19021117"/>
<join result="criminalCharge" id="t19021117-33-charge-1" targOrder="Y" targets="def1-33-19021117 t19021117-33-offence-1 t19021117-33-verdict-3"/>
<join result="criminalCharge" id="t19021117-33-charge-2" targOrder="Y" targets="def2-33-19021117 t19021117-33-offence-1 t19021117-33-verdict-1"/>
<join result="criminalCharge" id="t19021117-33-charge-3" targOrder="Y" targets="def1-33-19021117 t19021117-33-offence-2 t19021117-33-verdict-2"/>
<join result="criminalCharge" id="t19021117-33-charge-4" targOrder="Y" targets="def2-33-19021117 t19021117-33-offence-2 t19021117-33-verdict-1"/>
<persName id="def1-33-19021117" type="defendantName">
<interp inst="def1-33-19021117" type="gender" value="male"/>
<interp inst="def1-33-19021117" type="age" value="72"/>
<interp inst="def1-33-19021117" type="surname" value="MORLEY"/>
<interp inst="def1-33-19021117" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES MORLEY</hi> (72)</persName> and
<persName id="def2-33-19021117" type="defendantName">
<interp inst="def2-33-19021117" type="gender" value="male"/>
<interp inst="def2-33-19021117" type="surname" value="HALL"/>
<interp inst="def2-33-19021117" type="given" value="GEORGE HALL"/>
<hi rend="largeCaps">GEORGE HALL HALL</hi>, Con
<rs id="t19021117-33-offence-1" type="offenceDescription">
<interp inst="t19021117-33-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19021117-33-offence-1" type="offenceSubcategory" value="fraud"/> to defraud
<persName id="t19021117-name-182" type="victimName">
<interp inst="t19021117-name-182" type="gender" value="male"/>
<interp inst="t19021117-name-182" type="surname" value="JOYCE"/>
<interp inst="t19021117-name-182" type="given" value="JAMES SMITH"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-33-offence-1 t19021117-name-182"/>James Smith Joyce</persName>, by inducing him by false pretences to execute a mortgage of his life interest under a certain will and codicils thereto; and unlawfully inducing the said James Smith Joyce to execute the said mortgage with intent to defraud:</rs> and
<rs id="t19021117-33-offence-2" type="offenceDescription">
<interp inst="t19021117-33-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19021117-33-offence-2" type="offenceSubcategory" value="fraud"/>conspiring and agreeing together to obtain from
<persName id="t19021117-name-183" type="victimName">
<interp inst="t19021117-name-183" type="gender" value="male"/>
<interp inst="t19021117-name-183" type="surname" value="CLARKSON"/>
<interp inst="t19021117-name-183" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19021117-33-offence-2 t19021117-name-183"/>Henry Clarkson</persName> certain banker's cheques with intent to defraud; and obtaining by false pretences from the said Henry Clarkson banker's cheques for £23 19s., £200, and £54, with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. LEYCESTER</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. GRAHAM CAMPBELL</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. HORACE AVORY</hi>, K.C.
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. BIRON</hi>
<hi rend="italic">appeared for Morley, and</hi>
<hi rend="smallCaps">MR. TRAVERS HUMPHREYS</hi>
<hi rend="italic">for Hall.</hi> </p>
<hi rend="smallCaps">
<persName id="t19021117-name-184" type="witnessName">
<interp inst="t19021117-name-184" type="gender" value="male"/>
<interp inst="t19021117-name-184" type="surname" value="JOYCE"/>
<interp inst="t19021117-name-184" type="given" value="JAMES SMITH"/>JAMES SMITH JOYCE</persName> </hi>. I live at 66, Rattery Road, Brixton—I have no occupation—under my mother's will I succeeded to a life interest of £100 per annum—the corpus was £3,000—I had a power of appointment by will, of my share—previous to my mother's death I was short of money and went to Hall to obtain a loan, but did not succeed—about a month after her death I obtained a loan of £60 from a Mr. Collyer—I have known Morley about twelve years—I told him I had a life interest of £100 a year under my mother's will—on January 24th, 1901, I received a letter from him, asking me to call upon him in Gray's Inn Passage—I called the next day, and he asked me to lend him £250 on some spirit warrants, and then proposed that I should invest £500 in a business called Mason's Stores, and I agreed—the office of Mason's Stores is in Gray's-Inn Passage—I saw Hall at the office, and he drew up a charge for £500 and a bill for £400, both of which I signed and left with Hall at Morley's suggestion—I was going to borrow money from Hall to lend to Morley—with the bill I was to lend Morley £250, pay off £60 which I owed to Mr. Collyer, and the balance I was to invest in Mason's Stores—later on I found out that the spirit warrants were not worth £250, and I wrote to Hall for the return of the bill and the charge—the next day I was in Morley's office when Hall brought the two documents in—he put them down upon the table for me to take up, but Morley took them up instead—I asked him for them, but he would not give me them—I told him I would consult a solicitor about it, and I consulted Messrs. Finny, Thomas and Co. of Chancery Lane, but a few days after, at Mr. Morley's suggestion, I wrote to them instructing them to take no further proceedings—on February 5th, 1901, I wrote to Mr. Hall, asking him to obtain an advance for me, and later on I executed a mortgage to a Miss Payne for £150—out of the money I paid Mr. Morley £61 3s. 1d. on account of Mason'—I got £10 and the dock warrants out of the</p>
<xptr type="pageFacsimile" doc="190211170042"/>
<p>transaction—the dock warrants were afterwards mortgaged to Mr. Barron—Hall rendered me an account showing how the money had been disposed of—in March, 1901. I executed a mortgage for £350 to a Mrs. Close, out of which £69 4s. 5d. was paid to Morley on account of Mason's Stores—I saw it handed to Morley—out of Mrs. Close's mortgage Miss Payne's mortgage was paid off—on March 9th, 1901. I executed another mortgage to Miss Payne for £150, out of which £99 (5s. 1d. was paid to Morley on account of Mason's Stores—in the same month I executed a mortgage for £600 to James Mason Stores, Limited, which was afterwards charged to Mr. Barron to go into the Stores—Mason's Stores at Gray's Inn Passage was a bottle business—they had a grocery branch at Bromley—about March I became a Director of the Company—very little business was done at Gray's Inn Passage—in June, 1901, Mr. Morley told me that a Mr. Doig owed Mrs. Morley £686, and he asked me to take over the debt and execute a charge on my life interest for £586 in favour of her—I was to make £100 out of the transaction—I executed the charge, Exhibit 9, in Mr. Hall's office—he put it into his safe and said he would fill in the date and get it stamped—on July 15th, 1901, I executed a mortgage for £300 to Mrs. Charlotte Elizabeth Denning—that was given by me to Mrs. Denning as a security for a debt due from Mason's Stores—in August I executed another mortgage for £20 to Miss Payne—she was trying to sell my life interest, and I gave her that to stop her—Mr. Morley was to pay the interest on the original mortgage to Miss Payne, but it was not paid, and that is the reason she was trying to sell my life interest—it was eventually sold—in September, 1901, there was a mortgage for £160 to the Legal General Investment Company, Limited—Mr. Hall was acting as my solicitor in respect of all these transactions—proceedings have been taken against me in respect of some of the bills I signed with regard to Mason's Stores.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. AVORY</hi>. The only complaint I made at Bow Street was that I was induced to execute a mortgage for £586 on my life interest on the understanding that Mr. Doig owed £686 to Mrs. Morley—that is the only charge I make now—I make no complaint with regard to any of the other mortgages I executed; they are all in order—I should not have taken any action at all only I was frightened into it—my mother died in December, 1901—I was in debt at the time—as soon as she died I set to work to raise money on my life interest—I was under the impression that I should be able to get the corpus, £3,000, and not merely the income—I took legal advice on the subject of Mr. Priest, and he said he would take Counsel's opinion—later he told me that, in Counsel's opinion, I should succeed in getting the £3,000 distributed to me—an application was made to the Court, but was refused, because there were some infants interested with regard to the mortgage of June, 1901, Mr. Morley told me that Mr. Doig owed the £686 in connection with the Tivoli Music Hall, Bristol; Mr. Doig had entered into a contract to purchase the music hall, and that Mrs. Morley had advanced him £500 to pay the deposit—it was in cones
<lb/>quence of Mr. Doig's statement that he did not owe the money that I made if this charge—I do not know that Mr. Doig in December, 1897, had com
<xptr type="pageFacsimile" doc="190211170043"/>
<p>an action to recover that money which had been paid on his behalf—I was shown the counterfoils of two cheques, one for £100 and one for £400, with which the deposit had been paid—I was told that the balance between the £500 and the £686 was made up of costs and other expenses which Airs. Morley had paid—I do not remember the dates of the cheques—the cheques produced correspond with the counterfoils that were shown tome—they are drawn in the name of a business which Mrs. Morley was the proprietor of about that time—I have known Mr. Morley twelve years, but I have not known Mrs. Morley all that time—I have occasionally visited at their house in Brompton Square—I was told that Mrs. Morley had advanced the money to Mr. Doig out of her own separate property—if Mr. Doig had owed her £5001 should have nothing to complain of.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUMPHREYS</hi>. I was not first of all introduced to Mr. Hall by Mr. Morley—I had been to Mr. Hall before with a view to his obtaining a loan for me on my life interest, but he did not do so, and I went to Mr. Collyer—he got me a loan of £50—Mr. Hall had nothing to do with that transaction—the next time I saw Mr. Hall was on January 25th, when I was taken to him by Mr. Morley—I had the conversation with Mr. Morley about the spirit warrants before going to Mr. Hall—I had not got the £250 to lend to Mr. Morley, and he suggested that I should give a charge on my life interest, and suggested going to Mr. Hall to put the document into proper legal form—Mr. Morley explained to Mr. Hall in my presence what he had agreed with me, and asked him to draw up the necessary document, and then it "was that Mr. Hall wrote out the promissory note for £400 and the charge on my life interest to secure it—I gave the charge in order that £250 might be borrowed upon it from somebody—Mr. Hall was to get the money; if he got £250 he was to pay to Mr. Morley what remained after paying the debts that had been pre
<lb/>viously incurred, and this was done—he rendered me an account of how the money had been disposed of—I had nothing to complain of—the 63 3s. 1d. was paid to Mr. Morley on my instructions—the money was handed to Mr. Morley by Mr. Hall in the presence of Mr. Hayworth and myself—as only £61 3s. 1d. had been paid to Mr. Morley, I suggested to Mr. Hall that he should try and get some more money advanced, and he discovered Messrs, Bloomer—before they would agree to lend any money they wanted a written undertaking from me to pay them twenty guineas, their costs—I gave it, and they advanced £350—out of that Messrs. Collyer and Miss Payne were paid off; Messrs. Bloomer and Mr. Hall were paid their costs, and the balance of £69 4s. 5d. was paid to Mr. Morley—Mr. Hall rendered me an account of that transaction, Exhibit 33—that transaction was perfectly regular, and I understood it—the same day, March 6th, I wrote a letter to Mr. Hall asking him to get me some more money from Miss Payne—he did so—it was in respect of that £150 that I ultimately sold my life interest—that was a second charge; she came in after Mrs. lose—the other mortgage for £20 that she had was given to her to stop her selling my life interest—that was executed while the proceedings in Chancery were taking place—that transaction was carried out by Mr. Hall—it was a proper thing to do in my interest—Mr. Morley suggested</p>
<xptr type="pageFacsimile" doc="190211170044"/>
<p>the mortgage for £586—I understood that transaction—Mr. Morley gave me a receipt; I instructed him to take it to Mr. Hall for him to prepare the necessary documents—I had not previously discussed it with Mr. Hall—up to that time he knew nothing about the arrangements made between Mr. Morley and myself—when I went into Mr. Hall's office he was engaged in preparing the two documents, and he finished them in my presence—before I signed them Mr. Hall read them over to me and told me that the assignment would require a £3 stamp—I did not expect him to pay the £3 out of his own pocket; Mr. Morley was to give it to him, he knew I had not the money—I got the document back from Mr. Hall undated and not stamped—I did not take any steps to have it stamped.</p>
<hi rend="italic">Re-examined.</hi> I have had some business experience—I was a brewer for six years—for some years I have been a commission agent, but I did not make a living out of it—I have never done any business to earn a living—I am fifty-six years old—the paper I wrote out before I went to see Mr. Hall on June 6th was written at Mr. Morley's dictation—when I saw Mr. Hall I understood him to say that I should get my money from Mr. Doig—out of all the mortgages I have only had about 170—about £230 has gone into Mason's Stores—Mrs. Morley has the charge of £380 on my life interest—I have the debt against Mr. Doig and the spirit warrants.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-185" type="witnessName">
<interp inst="t19021117-name-185" type="gender" value="male"/>
<interp inst="t19021117-name-185" type="surname" value="DOIG"/>
<interp inst="t19021117-name-185" type="given" value="JOHN"/>JOHN DOIG</persName> </hi>. I lived at 4, Hardwick Place, N.W., and am a secretary of companies—I have known Morley and his wife since 1895 or 1896—it is not true that I owe Mrs. Morley £686; I do not owe her a penny—in 1897 I entered into a contract to purchase the Tivoli Music Hall at Bristol as a nominee of Mr. Morley and at his request—the reason why it was done in my name and not his was because he had been bankrupt—he was carrying on business in his wife's name—he said it was for the benefit of the family—I provided £100—at that time he was indebted to me—the transaction was never carried out—the letter of September 13th, 1897, written by me to Mrs. Morley, was written at Mr. Morley's dictation—neither Mr. Morley nor his wife have ever taken steps to recover the £686 they say I owe them.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. AVORY</hi>. I am licensee of the Three Tuns, in Aldersgate Street—I was there in June, 1901—that is a very valuable property—I am not interested in any other licensed houses in London, but I have been—I signed the contract for the purchase of the Tivoli Music Hall—under that contract £500 was payable as a deposit, I think Mr. Morley paid it; he arranged the whole thing—I was only the nominal purchaser—I paid £100, I did not pay a further £400—I cannot recollect whether I said at the police court, "I paid £100, Mrs. Morley did not pay the rest"—Messrs. Fedman and Goodman were acting for the vendors—I believe the action to recover back the deposit was brought in my name—I cannot recollect whether I gave an acceptance for £3,000 to carry out the bargain—the action was also to restrain Messrs. Fedman and Goodman from parting with those bills—it was brought on the ground that I had been induced to enter into the contract by misrepresentation, but it was subsequently withdrawn—although it was brought in my</p>
<xptr type="pageFacsimile" doc="190211170045"/>
<p>name, I had nothing to do with it—I swore an affidavit in the action—that affidavit was true—the £3,000 was not paid, and the contract went off—it was sold to somebody else, and the £500 deposit was forfeited—until I saw my affidavit at the police court I never suggested that I was Mr. Morley's nominee, I never dreamt anything about it—I said at the police court that the profits were to be divided into three parts, one for Mr. Harris, one for his wife, and one for myself; that was true.</p>
<hi rend="italic">Re-examined.</hi> In the action that was brought with regard to the Tivoli at Bristol, Mr. Brown was acting as Mr. Morley's solicitor—I never gave him any instructions—I cannot recollect who drew up my affidavit—I was Mr. Morley's dupe, and as such I made myself responsible to Mrs. Morley by giving the bills by which I promised to pay her the £500—I have never been in a position to meet the bills—the Three Tuns, Aldersgate Street, is not worth £20,000—I should not like to say the lowest price I would take for it—I am not the freeholder; it belongs to the City Corpora
<hi rend="smallCaps">
<persName id="t19021117-name-186" type="witnessName">
<interp inst="t19021117-name-186" type="gender" value="male"/>
<interp inst="t19021117-name-186" type="surname" value="CLARKSON"/>
<interp inst="t19021117-name-186" type="given" value="HENRY"/>HENRY CLARKSON</persName> </hi>. I am a solicitor, of 9, Ironmonger Lane, E.C.—I know Abraham Robinson; he has occasionally introduced business to me—I remember him bringing Mr. Morley to me on August 2nd, 1901—he said, "I have a gentleman here who wants to borrow some money," I think he said £300,. "upon some property, he has the deed with him; I had better leave him to give you the information about it or tell you what he wants"—Morley then produced a mortgage deed; he said his wife had advanced Mr. Joyce £586 upon his share in his mother's estate; that the parties had agreed to make an application to the Court to have the estate divided at once; that Counsel's opinion had been obtained that that could be done; that the trustee was willing, but wished to be protected by the Court; that his wife had expected the application to be made before the Long Vacation, but that it could not come on; that she was a lady of property; that she had two mortgages of £3,000 each, but that she could not get the money in at once as it was all locked up; that she had bought a provision business and paid a deposit, and had to complete the purchase in a few days, and that she wanted to borrow £300 on the security to enable her to complete; he said that if she did not complete it then she would lose her deposit and also the business, which was a valuable one; that Mr. Hall, of Warwick Court, knew all about the matter; that he had prepared the deed, and if I saw him he would explain the whole matter to me and give me any information I required—I told him I could probably get the money at the beginning of the following week, it was Bank Holiday week, and I would see Mr. Hall and make the necessary inquiries and let him know if I could do it—he then said that his wife was an invalid, and that he held her power of attorney and he could do the whole business—I said I should not allow any client of mine to advance money unless I had the deed executed by the party herself—he said she suffered from her heart or something of that kind, but if that was so he would get her to come down to my office—he then produced a bill for £25 and asked me to discount it—I refused, and told him that was not my business,' and that I was not in the "habit of discounting bills—he pressed me to do so and</p>
<xptr type="pageFacsimile" doc="190211170046"/>
<p>offered me a guinea for my trouble, and said that it could be taken as part of the £300, and left the mortgage with me as security—I then gave him a cheque for £23 19s.—that is all that passed at that interview—the same afternoon I went to see Mr. Hall—I produced to him the mortgage and told him that Mr. Morley had been to me to obtain an advance upon it, and that he had referred me to him for the necessary information—he gave me the information I required—I asked him if the £586 had been advanced all right, and he said yes—the next day I went to Somerset House to see the will—on August 6th, Mr. Morley and his wife called again—Mr. Robinson was present then—Mrs. Morley produced eight bonds of £25 each in Mason's Stores, Limited, and said, "I have to settle my purchase to-day; I have brought these debentures, they are good, they pay 6 per cent. I will leave them with you as well as the mortgage if you will let me have £200 pending the completion of the mortgage for £300"—she pressed me to do it, and I, having enquired into the matter, gave her an open cheque for £200, payable to Mrs. J. Morley—it is endorsed J. Morley—the next day, August 7th, I went to see the solicitor to the first mort
<lb/>gage and got particulars of the different charges—on the 8th I went to see the solicitors to the trustee, and discovered that there was another charge of which I knew nothing—the same day Mr. Morley called upon me; I said, "I find from the trustee that Mrs. Denning has given notice of a charge"; he said, "She has a security, and my wife will no doubt leave her security with you as an additional security"—I was satisfied with that—the next day he called again with Mrs. Morley, and the mortgage was executed in my presence, and I gave Mrs. Morley a cheque for £54, being the balance of the £300 less twenty guineas my costs—I gave notice of the mortgage to Mr. Joyce and to the solicitors for the prior mortgagees, and the trustee—about the end of September or the beginning of October, 1901,1 searched the file at Somerset House in reference to Mason's Stores and on December 20th I issued a writ against Mrs. Morley for the principal and interest—I could not serve the writ, and applied for substituted service, but could not get the order, consequently that action never came to any
<lb/>thing—on February 6th, 1902, I wrote to Mr. Hall, Exhibit 15, and got a reply on the 7th—on the same day, the 6th, I wrote to Mr. Morley and got a reply on the 9th—on February 20th I again wrote to Mr. Hall, and to that I got a reply on the 21st—I never succeeded in getting any of the money back.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. AVORY</hi>. I have never taken any proceedings against Mr. Morley either civil or criminal—my application for substituted service of the writ against Mrs. Morley was refused—this prosecution had been going on at Bow Street about a month before I was summoned as a witness—I have since entered into an arrangement with the purchaser of the life interest by which I hope to get my money back—if the Judge in Chancery had made the order no doubt there would have been money enough to meet everybody.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUMPHREYS</hi>. No statement as to Mrs. Morley's means or about her in any way was made by Mr. Hall except that the money was advanced—my principal security was the life interest—my</p>
<xptr type="pageFacsimile" doc="190211170047"/>
<p>only other security was my right to sue Mrs. Morley upon her covenants—before I went to Mr. Hall I read the mortgage and noticed that it was subject to prior encumbrances to the amount of £1,100—Mr. Hall did not say to me "You must not rely upon me as to prior encumbrances"—I made some inquiries, but Mr. Hall gave me information about some of them—it was not until the 8th that I found out about Mrs. Denning's mortgage.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-187" type="witnessName">
<interp inst="t19021117-name-187" type="gender" value="male"/>
<interp inst="t19021117-name-187" type="surname" value="ROBINSON"/>
<interp inst="t19021117-name-187" type="given" value="ABRAHAM"/>ABRAHAM ROBINSON</persName> </hi>. I am a furrier, of 84, Newington Green Road, Canon
<lb/>bury—on August 2nd, 1901, I was outside the offices of Messrs. Robinson and Fisher, King William Street—I saw Morley, he asked me if Messrs. Robinson's offices were upstairs—I told him there was no one in—he said, "Oh, bother, I promised to get £300, and now the man is not here"—I said, "What security have you got?"—he said, "I have got a security like a bank note"—I then took him to Mr. Clarkson—I said, "Mr. Clarkson, here is a gentleman who wants to borrow some money, he says he has a first-class security," and Morley took out a mortgage for £586 and a bill in he name of Joyce—he said he wanted £300 at once, as his wife had bought a provision business for her grandson, and she wanted £300 to complete the purchase—he also said that his wife had plenty of money, but it was all out in mortgages—Mr. Clarkson said, "If it is all right I can let you have the money; I will make enquiries"—Mr. Morley then said he must have £25 at once, and asked Mr. Clarkson to discount a bill, which he did—I was also present when Mr. and Mrs. Morley were at Mr. Clarkson's office—Mrs. Morley said, "I must have the money or else I lose the deposit I paid on a provision business that I have bought for my grandson; I have got plenty of money, but I cannot get it in; I have lent
<hi rend="italic">here</hi> £586," referring to the mortgage—on a subsequent occasion Mr. Morley took me to Mr. Hall's office about the mortgage for £600, and a conversation arose about the £586, and Mr. Hall said that it had passed over in his office.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. AVORY</hi>. I have known Mr. Clarkson over twenty years—I introduce business to him if I can—I did not expect to make any
<lb/>thing by taking Mr. Morley to him—I did not say at Bow Street that I took him to Mr. Clarkson to-get my commission of 2£ per cent.—I expected something from Mr. Morley, but I never got anything—when Mr. Morley asked for the £300 I did not hear Mr. Clarkson say that he would have to see the trustee and make enquiries.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUMPHREYS</hi>. Mr. Morley took me to Mr. Hall's office several times—the first time was because Mr. Morley wanted to raise some money on the £600 mortgage.</p>
<hi rend="italic">Monday, November</hi> 24
<hi rend="italic">th.</hi> </p>
<hi rend="smallCaps">
<persName id="t19021117-name-188" type="witnessName">
<interp inst="t19021117-name-188" type="gender" value="male"/>
<interp inst="t19021117-name-188" type="surname" value="CLARKSON"/>
<interp inst="t19021117-name-188" type="given" value="ARTHUR GEORGE"/>ARTHUR GEORGE CLARKSON</persName> </hi>. I am a solicitor, and a son of Henry Clark
<lb/>son—I assist my father in his business, at 9, Ironmonger Lane—I was present at an interview on August 2nd, 1901, between Mr. Morley, Mr. Robinson, and my father—Mr. Robinson introduced Mr. Morley to my father, and said, "I have brought a gentleman who wants an advance on a certain mortgage"—Mr. Morley produced a mortgage of a life interest of a Mr. Joyce—he said he wanted £300 on it; it was a mortgage given to his—wife; she was a wealthy lady, and had two mortgages out, of £3,000 each,</p>
<xptr type="pageFacsimile" doc="190211170048"/>
<p>but she could not get them in in time; that she wanted the money quickly because she had signed a contract for the purchase of a business, and it was necessary that the matter should be completed the following week; she had paid the deposit, and she would lose it and the business if the matter was not settled then—he also said that he had a power of attorney from his wife and could sign any security we wished on her behalf—my father said that he could not take a mortgage executed under a power of attorney, but that Mrs. Morley must come up to his office—Mr. Morley said he would bring her—I was not present when Mrs. Morley came.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. AVORY</hi>. I heard my father say that he must make enquiries into the security and inquire of the trustees before he agreed to advance the money—certain information was given to him to enable him to make inquiries—I cannot say whether the name of the trustees' solicitor was mentioned—I did not hear anything mentioned about the prior charges that were already upon the security.</p>
<hi rend="smallCaps">
<persName id="t19021117-name-189" type="witnessName">
<interp inst="t19021117-name-189" type="gender" value="male"/>
<interp inst="t19021117-name-189" type="surname" value="BENNETT"/>
<interp inst="t19021117-name-189" type="given" value="THOMAS SMITH"/>THOMAS SMITH BENNETT</persName> </hi>. I am a musical instrument dealer, of 8, Red Lion Square, W.C.—about three years ago I was carrying on the, business of a bottle merchant at that address—in the August of that year I adver
<lb/>tised it for sale and got an answer in the name of Morley—I cannot re
<lb/>member the Christian name—Mr. Morley called upon me and said he had seen the advertisement and asked for particulars of the business—he said he wanted it for a friend named Mason—I told him I wanted £200—he said he had not got money enough to pay for it all, but that he had great expectations, and if I was inclined to take part of the money in cash and part in bills, he would be glad to make arrangements with me—he said he had a power of attorney to act for Mr. Mason, and he would see that the bills were met—I agreed to take £100 down, and the other £100 in four bills of £25 each—the bills were drawn up and the £100 paid in Mr. Brown's office, a solicitor in Bedford Row—Mr. Brown handed over the money, I think—Mr. Mason was present—I have only received £18 15s. on the bills—I have applied many times for the balance, but have not succeeded—the business was afterwards transferred to 5, 6, and 7 Gray's Inn Passage—when I sold the business it was making a profit of £250 a year.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. AVORY</hi>. I sold it because I was