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<p>1906, JULY.</p>
<p>Vol. CXLIV.] [Part 862.</p>
<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>MORGAN, MAYOR.</p>
<p>TENTH SESSION,</p>
<p>HELD JULY 23RD, 1906, AND FOLLOWING DAYS.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORTHAND BY</p>
<p>
<persName id="t19060723-name-1">
<interp inst="t19060723-name-1" type="gender" value="male"/>
<interp inst="t19060723-name-1" type="surname" value="WALPOLE"/>
<interp inst="t19060723-name-1" type="given" value="GEORGE"/>GEORGE WALPOLE</persName>,</p>
<p>Shorthand Writer to the Court.</p>
<p>POINTS OF LAW AND PRACTICE</p>
<p>EDITED BY</p>
<p>R. F. GRAHAM-CAMPBELL, ESQUIRE,</p>
<p>OF THE INNER TEMPLE.</p>
<p>[Published by Annual Subscription.]</p>
<p>LONDON:</p>
<p>
<persName id="t19060723-name-2">
<interp inst="t19060723-name-2" type="gender" value="male"/>
<interp inst="t19060723-name-2" type="surname" value="WALPOLE"/>
<interp inst="t19060723-name-2" type="given" value="GEO"/>GEO. WALPOLE</persName>, 1, NEW COURT, LINCOLN'S INN, W.C.</p>
<xptr type="pageFacsimile" doc="190607230002"/>
<p>PRINTED BY</p>
<p>THE ARGUS PRINTING COMPANY, LIMITED, CORNER OF TUDOR STREET AND TEMPLE AVENUE, LONDON, E.C.</p>
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<p>THE</p>
<p>WHOLE PROCEEDINGS</p>
<p>On the King's Commission of</p>
<p>OYER AND TERMINER AND GAOL DELIVERY</p>
<p>FOR</p>
<p>The City of London,</p>
<p>AND GAOL DELIVERY FOR THE</p>
<p>COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION</p>
<p>OF THE</p>
<p>CENTRAL CRIMINAL COURT,</p>
<p>Held on Monday; July 23rd, 1906, and following days.</p>
<p>Before the Right Hon. Sir
<hi rend="largeCaps">
<persName id="t19060723-name-3" type="judiciaryName">
<interp inst="t19060723-name-3" type="gender" value="male"/>
<interp inst="t19060723-name-3" type="surname" value="MORGAN"/>
<interp inst="t19060723-name-3" type="given" value="WALTER VAUGHAN"/>WALTER VAUGHAN MORGAN</persName> </hi>, Bart.,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; the Hon. Sir
<hi rend="smallCaps">
<persName id="t19060723-name-4" type="judiciaryName">
<interp inst="t19060723-name-4" type="gender" value="male"/>
<interp inst="t19060723-name-4" type="surname" value="DARLING"/>
<interp inst="t19060723-name-4" type="given" value="CHARLES JOHN"/>CHARLES JOHN DARLING</persName> </hi>, Knight, one of the Justices of His Majesty's High Court; Sir
<hi rend="smallCaps">J. WHITTAKER ELLIS</hi>, Bart., Sir
<hi rend="smallCaps">JOSEPH RENALS</hi>, Bart., Sir
<hi rend="smallCaps">ALFRED J. NEWTON</hi>, Bart., Sir
<hi rend="smallCaps">JOHN C. BELL</hi>, Sir
<hi rend="smallCaps">T.
<persName id="t19060723-name-5" type="judiciaryName">
<interp inst="t19060723-name-5" type="gender" value="male"/>
<interp inst="t19060723-name-5" type="surname" value="STRONG"/>
<interp inst="t19060723-name-5" type="given" value="VEZEY"/>VEZEY STRONG</persName> </hi>, Capt. W. C.
<hi rend="smallCaps">SIMMONS</hi>, Aldermen of the paid City; Sir
<hi rend="smallCaps">FORREST FULTON</hi>, Knight, K. C., Recorder of the said City;
<hi rend="smallCaps">
<persName id="t19060723-name-6" type="judiciaryName">
<interp inst="t19060723-name-6" type="gender" value="male"/>
<interp inst="t19060723-name-6" type="surname" value="BOSANQUET"/>
<interp inst="t19060723-name-6" type="given" value="FREDERICK ALBERT"/>FREDERICK ALBERT BOSANQUET</persName> </hi>, Esq., K. C., Common Serjeant of the said City; and His Honour Judge
<hi rend="smallCaps">RENTOUL</hi>, K. C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.</p>
<p>Sir
<hi rend="smallCaps">
<persName id="t19060723-name-7" type="judiciaryName">
<interp inst="t19060723-name-7" type="gender" value="male"/>
<interp inst="t19060723-name-7" type="surname" value="SMALLMAN"/>
<interp inst="t19060723-name-7" type="given" value="HENRY GEORGE"/>HENRY GEORGE SMALLMAN</persName> </hi>, Knight, Alderman.</p>
<p>Sir
<hi rend="smallCaps">THOMAS VANSITTART BOWATER</hi>, Knight, J. P.</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-8" type="judiciaryName">
<interp inst="t19060723-name-8" type="gender" value="male"/>
<interp inst="t19060723-name-8" type="surname" value="TICKLE"/>
<interp inst="t19060723-name-8" type="given" value="JAPHETH"/>JAPHETH TICKLE</persName> </hi>, Esq., C. C.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-9" type="judiciaryName">
<interp inst="t19060723-name-9" type="gender" value="male"/>
<interp inst="t19060723-name-9" type="surname" value="LANGTON"/>
<interp inst="t19060723-name-9" type="given" value="JOSEPH DAVID"/>JOSEPH DAVID LANGTON</persName> </hi>, Esq.</p>
<p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<p>1906.</p>
<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">MORGAN, MAYOR. TENTH SESSION</hi>.</p>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>; Monday, July 23.</p>
<p>(Before Mr. Recorder.)</p>
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<persName id="def1-1-19060723" type="defendantName">
<interp inst="def1-1-19060723" type="gender" value="male"/>
<interp inst="def1-1-19060723" type="age" value="24"/>
<interp inst="def1-1-19060723" type="surname" value="COLEMAN"/>
<interp inst="def1-1-19060723" type="given" value="MICHAEL"/>
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<hi rend="largeCaps">COLEMAN</hi>, Michael (24, labourer)</persName>,
<rs id="t19060723-1-verdict-1" type="verdictDescription">
<interp inst="t19060723-1-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-1-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-1-offence-1" type="offenceDescription">
<interp inst="t19060723-1-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-1-offence-1" type="offenceSubcategory" value="simpleLarceny"/>to stealing a horse and van, a set of harness, and 14 bales of silk, the goods of
<persName id="t19060723-name-11" type="victimName">
<interp inst="t19060723-name-11" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-1-offence-1 t19060723-name-11"/>Pickfords, Limited</persName>; also to a conviction for felony, at Cler
<lb/>kenwell Sessions, on November 8, 1904.</rs> A number of other convictions proved; prisoner said by police to be an habitual van thief. Sentence,
<rs id="t19060723-1-punishment-1" type="punishmentDescription">
<interp inst="t19060723-1-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-1-punishment-1" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-1-19060723 t19060723-1-punishment-1"/>Twenty months' hard labour</rs>.</p> </div1>
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<p>
<persName id="def1-2-19060723" type="defendantName">
<interp inst="def1-2-19060723" type="gender" value="male"/>
<interp inst="def1-2-19060723" type="age" value="26"/>
<interp inst="def1-2-19060723" type="surname" value="DORRINGTON"/>
<interp inst="def1-2-19060723" type="given" value="WILLIAM"/>
<interp inst="def1-2-19060723" type="occupation" value="clerk"/>
<hi rend="largeCaps">DORRINGTON</hi>, William (26, clerk)</persName>,
<rs id="t19060723-2-verdict-1" type="verdictDescription">
<interp inst="t19060723-2-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-2-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-2-offence-1" type="offenceDescription">
<interp inst="t19060723-2-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-2-offence-1" type="offenceSubcategory" value="simpleLarceny"/>to steal
<lb/>ing £4 9s. 6d., moneys of H. Ringwood; £34 0s. 3d., moneys of
<persName id="t19060723-name-13" type="victimName">
<interp inst="t19060723-name-13" type="gender" value="male"/>
<interp inst="t19060723-name-13" type="surname" value="ALDERSON"/>
<interp inst="t19060723-name-13" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-2-offence-1 t19060723-name-13"/>John Alderson</persName>; and £3 10s., moneys of
<persName id="t19060723-name-14" type="victimName">
<interp inst="t19060723-name-14" type="gender" value="male"/>
<interp inst="t19060723-name-14" type="surname" value="DOCK"/>
<interp inst="t19060723-name-14" type="given" value="IRVIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-2-offence-1 t19060723-name-14"/>Irvin Dock</persName>.</rs> Sen
<lb/>tence,
<rs id="t19060723-2-punishment-2" type="punishmentDescription">
<interp inst="t19060723-2-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-2-punishment-2" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-2-19060723 t19060723-2-punishment-2"/>Twelve months' hard labour</rs>.</p> </div1>
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<p>
<persName id="def1-3-19060723" type="defendantName">
<interp inst="def1-3-19060723" type="gender" value="male"/>
<interp inst="def1-3-19060723" type="age" value="22"/>
<interp inst="def1-3-19060723" type="surname" value="HARRIS"/>
<interp inst="def1-3-19060723" type="given" value="THOMAS"/>
<interp inst="def1-3-19060723" type="occupation" value="stoker"/>
<hi rend="largeCaps">HARRIS</hi>, Thomas (22, stoker)</persName>
<rs id="t19060723-3-offence-1" type="offenceDescription">
<interp inst="t19060723-3-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-3-offence-1" type="offenceSubcategory" value="burglary"/>, burglary in the dwelling-house of
<persName id="t19060723-name-16" type="victimName">
<interp inst="t19060723-name-16" type="gender" value="male"/>
<interp inst="t19060723-name-16" type="surname" value="MOORE"/>
<interp inst="t19060723-name-16" type="given" value="WILLIAM"/>
<interp inst="t19060723-name-16" type="occupation" value="laundryman"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-3-offence-1 t19060723-name-16"/>William Moore</persName>, and stealing therein a saw and other tools, and feloniously receiving same.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-17" type="witnessName">
<interp inst="t19060723-name-17" type="gender" value="male"/>
<interp inst="t19060723-name-17" type="surname" value="MOORE"/>
<interp inst="t19060723-name-17" type="given" value="WILLIAM"/>WILLIAM MOORE</persName> </hi>, 42, Dalston Lane, laundryman. On July 3 I locked up my place and went to bed. Early next morning I was aroused by a constable, and found a burglary had been committed; the back door had been burst open. The tools (produced) had been taken. The constable had got the prisoner, and I went to the station and charged him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-18" type="witnessName">
<interp inst="t19060723-name-18" type="gender" value="male"/>
<interp inst="t19060723-name-18" type="surname" value="TASKER"/>
<interp inst="t19060723-name-18" type="given" value="JOSEPH"/>JOSEPH TASKER</persName> </hi>, police-constable, J Division. On July 4, in the early morning, I was on duty in Woodland Street, Dalston, which is at back of Moore's premises. I saw prisoner put his head over the wall from Moore's premises. In a few minutes prisoner came over the wall. I asked him what he had been doing; he said, looking for old iron. He had a saw sticking out of his coat pocket. I said he must come to the station. I aroused Moore, and found that a burglary had been com
<lb/>mitted at his place. He came to the station and charged pri
<lb/>soner; the tools produced were found in prisoner's pockets. On examining prosecutor's premises I found that a pane of glass</p>
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<p>had been broken, and entry had been gained by forcing the back door.</p>
<p>Prisoner. I found the things outside the gate.</p>
<p>Verdict,
<rs id="t19060723-3-verdict-1" type="verdictDescription">
<interp inst="t19060723-3-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-3-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>. Sentence,
<rs id="t19060723-3-punishment-3" type="punishmentDescription">
<interp inst="t19060723-3-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-3-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-3-19060723 t19060723-3-punishment-3"/>Nine months' hard labour</rs>.</p> </div1>
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<p>
<persName id="def1-4-19060723" type="defendantName">
<interp inst="def1-4-19060723" type="gender" value="male"/>
<interp inst="def1-4-19060723" type="age" value="37"/>
<interp inst="def1-4-19060723" type="surname" value="PRATT"/>
<interp inst="def1-4-19060723" type="given" value="JAMES"/>
<interp inst="def1-4-19060723" type="occupation" value="labourer"/>
<hi rend="largeCaps">PRATT</hi>, James (37, labourer)</persName>
<rs id="t19060723-4-verdict-1" type="verdictDescription">
<interp inst="t19060723-4-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-4-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-4-offence-1" type="offenceDescription">
<interp inst="t19060723-4-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19060723-4-offence-1" type="offenceSubcategory" value="fraud"/>, to fraudulently converting to his own use 25s., entrusted to him by
<persName id="t19060723-name-20" type="victimName">
<interp inst="t19060723-name-20" type="gender" value="male"/>
<interp inst="t19060723-name-20" type="surname" value="FLAHEY"/>
<interp inst="t19060723-name-20" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-4-offence-1 t19060723-name-20"/>Alfred Flahey</persName> for a certain purpose</rs>. Ten previous convictions were proved, including one of seven years' penal servitude, of which 175 days had yet to run. Sentence,
<rs id="t19060723-4-punishment-4" type="punishmentDescription">
<interp inst="t19060723-4-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-4-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-19060723 t19060723-4-punishment-4"/>Twelve months' hard labour</rs>.</p> </div1>
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<p>
<persName id="def1-5-19060723" type="defendantName">
<interp inst="def1-5-19060723" type="gender" value="male"/>
<interp inst="def1-5-19060723" type="age" value="28"/>
<interp inst="def1-5-19060723" type="surname" value="STANLEY"/>
<interp inst="def1-5-19060723" type="given" value="GEORGE"/>
<interp inst="def1-5-19060723" type="occupation" value="bookbinder"/>
<hi rend="largeCaps">STANLEY</hi>, George otherwise
<rs id="t19060723-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-5-19060723 t19060723-alias-1"/>Hatch</rs> (28, bookbinder)</persName>,
<rs id="t19060723-5-verdict-1" type="verdictDescription">
<interp inst="t19060723-5-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-5-offence-1" type="offenceDescription">
<interp inst="t19060723-5-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-5-offence-1" type="offenceSubcategory" value="simpleLarceny"/>. to stealing a Post Office Savings Bank book, certain brushes, and £4, property of F. J. Colegate; stealing a similar book, some clothes, and 12s. 6d., property of J.J. Newman; stealing a watch, etc., property of F. Edwards; ob
<lb/>taining by false pretences from the Postmaster-General three sums of £1 each, with intent to defraud; forging and uttering three requests for payment of £1, £1, and £1;</rs> he also con
<lb/>fessed to a conviction at this court on September 13, 1904, of felony. A very bad record was proved by the police. Sen
<lb/>tence,
<rs id="t19060723-5-punishment-5" type="punishmentDescription">
<interp inst="t19060723-5-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-5-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19060723 t19060723-5-punishment-5"/>Four years' penal servitude</rs>.</p> </div1>
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<interp inst="t19060723-6" type="date" value="19060723"/>
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<p>
<persName id="def1-6-19060723" type="defendantName">
<interp inst="def1-6-19060723" type="gender" value="male"/>
<interp inst="def1-6-19060723" type="age" value="39"/>
<interp inst="def1-6-19060723" type="surname" value="WINN"/>
<interp inst="def1-6-19060723" type="given" value="JOHN ALBERT"/>
<interp inst="def1-6-19060723" type="occupation" value="auxiliary postman"/>
<hi rend="largeCaps">WINN</hi>, John Albert (39, auxiliary postman)</persName>
<rs id="t19060723-6-verdict-1" type="verdictDescription">
<interp inst="t19060723-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-6-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-6-offence-1" type="offenceDescription">
<interp inst="t19060723-6-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-6-offence-1" type="offenceSubcategory" value="mail"/>, to stealing a post letter and enclosures, the property of the
<persName id="t19060723-name-23" type="victimName">
<interp inst="t19060723-name-23" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-6-offence-1 t19060723-name-23"/>Postmaster-General</persName> </rs>. Sentence,
<rs id="t19060723-6-punishment-6" type="punishmentDescription">
<interp inst="t19060723-6-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-6-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19060723 t19060723-6-punishment-6"/>Nine months' hard labour</rs>.</p> </div1>
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<join result="criminalCharge" id="t19060723-7-charge-1" targOrder="Y" targets="def1-7-19060723 t19060723-7-offence-1 t19060723-7-verdict-1"/>
<p>
<persName id="def1-7-19060723" type="defendantName">
<interp inst="def1-7-19060723" type="gender" value="male"/>
<interp inst="def1-7-19060723" type="age" value="26"/>
<interp inst="def1-7-19060723" type="surname" value="HOLDEN"/>
<interp inst="def1-7-19060723" type="given" value="WILLIAM"/>
<interp inst="def1-7-19060723" type="occupation" value="labourer"/>
<hi rend="largeCaps">HOLDEN</hi>, William (26, labourer)</persName>
<rs id="t19060723-7-verdict-1" type="verdictDescription">
<interp inst="t19060723-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-7-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-7-offence-1" type="offenceDescription">
<interp inst="t19060723-7-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-7-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing 5s. 6d., 1s. 11d., and 9d., moneys of the
<persName id="t19060723-name-25" type="victimName">
<interp inst="t19060723-name-25" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-7-offence-1 t19060723-name-25"/>Gas Light and Coke Company</persName> (from "penny-in-the-slot" meters)</rs>. Several previous convictions were proved. Sentence,
<rs id="t19060723-7-punishment-7" type="punishmentDescription">
<interp inst="t19060723-7-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-7-punishment-7" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-19060723 t19060723-7-punishment-7"/>Nine months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-8">
<interp inst="t19060723-8" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-8" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-8-charge-1" targOrder="Y" targets="def1-8-19060723 t19060723-8-offence-1 t19060723-8-verdict-1"/>
<p>
<persName id="def1-8-19060723" type="defendantName">
<interp inst="def1-8-19060723" type="gender" value="male"/>
<interp inst="def1-8-19060723" type="age" value="25"/>
<interp inst="def1-8-19060723" type="surname" value="SMITH"/>
<interp inst="def1-8-19060723" type="given" value="WILLIAM"/>
<interp inst="def1-8-19060723" type="occupation" value="labourer"/>
<hi rend="largeCaps">SMITH</hi>, William (25, labourer)</persName>
<rs id="t19060723-8-verdict-1" type="verdictDescription">
<interp inst="t19060723-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-8-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-8-offence-1" type="offenceDescription">
<interp inst="t19060723-8-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-8-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, to breaking and entering the vestry of
<persName id="t19060723-name-27" type="victimName">
<interp inst="t19060723-name-27" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-8-offence-1 t19060723-name-27"/>St. Stephen's Church, Isleworth</persName>, with intent to steal therein</rs>; he confessed to a conviction, at Leeds Assizes, on May 3, 1905, of felony; other convictions were proved. Sentence,
<rs id="t19060723-8-punishment-8" type="punishmentDescription">
<interp inst="t19060723-8-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-8-punishment-8" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19060723 t19060723-8-punishment-8"/>Fifteen months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-9">
<interp inst="t19060723-9" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-9" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-9-charge-1" targOrder="Y" targets="def1-9-19060723 t19060723-9-offence-1 t19060723-9-verdict-1"/>
<join result="criminalCharge" id="t19060723-9-charge-2" targOrder="Y" targets="def2-9-19060723 t19060723-9-offence-1 t19060723-9-verdict-1"/>
<p>
<persName id="def1-9-19060723" type="defendantName">
<interp inst="def1-9-19060723" type="gender" value="male"/>
<interp inst="def1-9-19060723" type="age" value="28"/>
<interp inst="def1-9-19060723" type="surname" value="HARNETT"/>
<interp inst="def1-9-19060723" type="given" value="MICHAEL"/>
<interp inst="def1-9-19060723" type="occupation" value="bricklayer"/>
<hi rend="largeCaps">HARNETT</hi>, Michael (28, bricklayer)</persName>, and
<persName id="def2-9-19060723" type="defendantName">
<interp inst="def2-9-19060723" type="gender" value="male"/>
<interp inst="def2-9-19060723" type="age" value="25"/>
<interp inst="def2-9-19060723" type="surname" value="BAKER"/>
<interp inst="def2-9-19060723" type="given" value="EDWIN THOMAS"/>
<interp inst="def2-9-19060723" type="occupation" value="bricklayer"/>
<hi rend="largeCaps">BAKER</hi>. Edwin Thomas (25, bricklayer)</persName>
<rs id="t19060723-9-offence-1" type="offenceDescription">
<interp inst="t19060723-9-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19060723-9-offence-1" type="offenceSubcategory" value="robbery"/>, assaulting
<persName id="t19060723-name-30" type="victimName">
<interp inst="t19060723-name-30" type="gender" value="male"/>
<interp inst="t19060723-name-30" type="surname" value="ROTTSTEIN"/>
<interp inst="t19060723-name-30" type="given" value="REUBEN"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-9-offence-1 t19060723-name-30"/>Reuben Rottstein</persName>, with in
<lb/>tent to rob</rs>. (Another indictment, for inflicting grievous bodily harm upon
<persName id="t19060723-name-31">
<interp inst="t19060723-name-31" type="gender" value="male"/>
<interp inst="t19060723-name-31" type="surname" value="HEMMS"/>
<interp inst="t19060723-name-31" type="given" value="EDWARD"/>Edward Hemms</persName>, was not proceeded with.)</p>
<p>Mr. Thorne prosecuted; Mr. Jenkins defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-32" type="witnessName">
<interp inst="t19060723-name-32" type="gender" value="male"/>
<interp inst="t19060723-name-32" type="surname" value="ROTTSTEIN"/>
<interp inst="t19060723-name-32" type="given" value="RUBEN"/>RUBEN ROTTSTEIN</persName> </hi>, 8, Rick Street, Limehouse, tailor. In the early morning of June 23 Iwas in Commercial Road. Just after passing a coffee stall, I was going past a big pillar, when three men came from behind the pillar and caught hold of me. I cried out, and my son, who was a little way behind, came up; he said, "Hullo, what is the matter?" Harriett said,</p>
<xptr type="pageFacsimile" doc="190607230007"/>
<p>"What's that to do with you?" My son said, "That is my father." Harnett said, "All right, we've made a mistake," and they let me go. There was with my son a friend of his named Hemms. I went for a policeman; when I went back I saw Hemms lying on the pavement unconscious. The following day I picked out prisoners from a number of men at the police
<lb/>station.</p>
<p>Cross-examined. Harnett caught hold of my coat and pulled me on to his breast. Prisoners were behind the pillar, which is four or five yards away from the coffee stall. Harnett did not try to rob me; he had no change. Baker never touched me at all. I deny that I was staring at Harnett at the coffee stall, and that he took hold of my coat and said, "You will know me next time." I did not hear Hemms speak to prisoners. I did not see a lot of people about. When I came back Hemms was lying about 20 yards away from the coffee stall. I was struck at the back of the head, but I cannot say whether pri
<lb/>soner struck me.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-33" type="witnessName">
<interp inst="t19060723-name-33" type="gender" value="male"/>
<interp inst="t19060723-name-33" type="surname" value="ROTTSTEIN"/>
<interp inst="t19060723-name-33" type="given" value="ISAAC"/>ISAAC ROTTSTEIN</persName> </hi>, son of last witness. I was walking with Hemms, a little behind my father; as father passed the pillar, I saw a hand come out from behind the pillar, and take him by the coat. When I got up there with Hemms one of the men got hold of me by the shoulders; the others set about Hemms; Harnett struck Hemms and laid him over; Hemms had his coat on at the time; when he was lying injured on the pavement we put the coat under him. On the blowing of a police whistle, the three men ran away. I identified Harnett out of a number of men at the station.</p>
<p>Cross-examined. The three men were with some girls; I did not see them at the coffee stall; they were hiding behind the pillar. There were four or five people at the stall. Father was walking three or four yards in front of me. I did not hear Harnett say anything to father; when I rushed up Harnett was just going to strike father, and I pulled him off. I did not see Harnett try to rob father; he did not have time. It is not true that Hemms and Harnett had a fight. When Hemms came up the three men rushed at him and he tried to run away; Harnett caught him up and struck him; the road was "up" just there for tramway repairs, and Hemms was thrown against the ropes and fell into the trench. It was not a fight between Harnett and Hemms.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-34" type="witnessName">
<interp inst="t19060723-name-34" type="gender" value="male"/>
<interp inst="t19060723-name-34" type="surname" value="GALE"/>
<interp inst="t19060723-name-34" type="given" value="THOMAS"/>THOMAS GALE</persName> </hi>, Detective, K Division. On June 23, in the early morning, I went to Kirby Street to keep observation on Harnett's house, with orders to arrest him when he came home. At seven o'clock the two prisoners came round the corner; directly they saw me and another constable (who was in uni
<lb/>form) they ran away. After going round several streets they came running back. I stopped Baker, and told him I should</p>
<xptr type="pageFacsimile" doc="190607230008"/>
<p>arrest him for being concerned with Harnett in assaulting a man in Commercial Road (meaning Hemms). He said, "All right, sir, I'm done; I will go with you. I am a respectable man going to work. I only just met the man (Harnett) and asked him to have a drink, I do not know anything about the assault. I was never down this way before; I come from Hammersmith." At the station he made no reply to the charge. At the police court, whilst waiting to be called, he said, "It was a fair fight; he set about me; I am very sorry." I know both prisoners; I have not seen Baker before in Limehouse.</p>
<p>Cross-examined. It is not true that I at first called Baker Harnett; I know Harnett quite well, as I live at the back of his house. It is true that I had my truncheon out when I arrested Baker; I knew my man.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-35" type="witnessName">
<interp inst="t19060723-name-35" type="gender" value="male"/>
<interp inst="t19060723-name-35" type="surname" value="MASLIN"/>
<interp inst="t19060723-name-35" type="given" value="GEORGE"/>GEORGE MASLIN</persName> </hi>, Inspector, K Division. I arrested Harnett about 7.30 a. m. on the 23rd. I told him he was wanted for being concerned with another man in assaulting a man in Commercial Road, about one o'clock that morning.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-36" type="witnessName">
<interp inst="t19060723-name-36" type="gender" value="male"/>
<interp inst="t19060723-name-36" type="surname" value="BROWN"/>
<interp inst="t19060723-name-36" type="given" value="WILLIAM"/>WILLIAM BROWN</persName> </hi>, Sergeant, K Division. When prisoners were charged at the station Baker, from the dock, said, "Did you say the man was unconsciouse" I said, "Yes." He said, "I am very sorry, but the asked for what he got; it was his own fault." At the police court, at the back of the court, Baker said to me, "This is a bad job; I am sorry for the man, but they took a liberty with us; he put his fists up at me; I sat up and let out, but he jumped back and fell down the hole; I saw him lying there, but I did not think it was serious, or I would have stopped and taken him out."</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-37" type="witnessName">
<interp inst="t19060723-name-37" type="gender" value="male"/>
<interp inst="t19060723-name-37" type="surname" value="HEMMS"/>
<interp inst="t19060723-name-37" type="given" value="EDWARD"/>EDWARD HEMMS</persName> </hi>. 15, Albert Road, Millwall, labourer. I was walking with Isaac Rottstein a little behind prosecutor. I was struck from behind; I cannot say who hit me. I be
<lb/>came unconscious. I was taken to Poplar Hospital; the base of my skull was fractured; I was unconscious for a week; I am still in the doctor's hands. I did not have a fight with these men.</p>
<p>Cross-examined. I cannot recollect going up to Harnett when he had hold of prosecutor's coat; I remember nothing about it; I was unconscious too long. I did not have a fight; all I remember is being struck from behind; I fell, and be
<lb/>came unconscious.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-38" type="witnessName">
<interp inst="t19060723-name-38" type="gender" value="male"/>
<interp inst="t19060723-name-38" type="surname" value="PATTEN"/>
<interp inst="t19060723-name-38" type="given" value="THOMAS"/>THOMAS PATTEN</persName> </hi>, 16, Errick Street, Poplar, cabinet-maker. I was standing in the middle of the road when this happened. I saw one of the three men "claim hold" of prosecutor's coat and pull him towards him. Rottstein and Hemms came up. I heard the third man say, "Let him have it." Harnett struck Hemms a heavy blow and knocked him over the ropes; he must have been knocked clean out before he went down the</p>
<xptr type="pageFacsimile" doc="190607230009"/>
<p>hole. Hemms did not attempt to fight; he made no insulting remark to the men, and did not draw them on in any way.</p>
<p>Cross-examined. The man who took hold of prosecutor by the coat and pulled him to him was the third one the one that got away; I am certain of that. Hemms and Harnett did not have a fight; there was no quarrelling at all; only Isaac Rott
<lb/>stein asked why they had got hold of his father. I did say at the police court, "I came over and found you quarrelling "; they were jawing to one another, but not kicking up a row. When young Rottstein asked why they had caught hold of his father, I did not hear Harnett say that it was because the old gentleman was staring at him. They all "claimed hold" of young Rottstein, and he said, "Take your hands off me "; they did not hurt him. I did mention this at the police court. I did not hear Harnett say anything. I did not see blows ex
<lb/>changed between Hemms and Harnett. I was standing by, and did not go up to them. There was quarrelling, and Baker was trying a bit to pacify them; he said, "Let them go" There were a lot of other men standing close by. There was plenty of light. The quarrelling took place close by the pillar; where Hemms fell was about 30 yards away. I ran to pull him out of the trench. Both prisoners struck Hemms; Baker struck him in the side and Harnett hit him in the face and knocked him over the ropes. I did not say at the police court that they both struck him in the face. First they struck at Hemms, and he ran away; they run after him and caught him by the ropes; then he was struck again and fell over the ropes.</p>
<p>Re-examined. There was no man to man fight.</p>
<p>On the close of the case for the prosecution, Mr. Jenkins submitted that there was no evidence of attempt to rob, and no evidence from which the jury could infer an intent to rob.</p>
<p>The Recorder ruled that there was evidence to go to the jury.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-39" type="witnessName">
<interp inst="t19060723-name-39" type="gender" value="male"/>
<interp inst="t19060723-name-39" type="surname" value="HARNETT"/>
<interp inst="t19060723-name-39" type="given" value="MICHAEL"/>MICHAEL HARNETT</persName> </hi> (prisoner, on oath). On June 22 I met Baker, and went with him to his mother's house at Hammer
<lb/>smith. We left there at half past nine and got to Aldgate about 11. We went into one or two public-houses and had drinks. I met an old shipmate named Montgomery, and we also met two girls. When we got to this coffee stall Baker proposed that we should have some tea; he called for five cups. wile we were at the stall prosecutor came up and stood staring at me. I said, "Have a good look at me and you will know me "; and I just caught him by the lappet of his coat, not thinking what I was doing at the time. Imme
<lb/>diately these others came up. Hemms took off his coat, and said, "I'll fight the beat man here." There was a crowd of</p>
<xptr type="pageFacsimile" doc="190607230010"/>
<p>people round. I tried to pacify him; Baker came from where he was standing, and also tried to pacify him. Hemms sparred up in front of me, and I stepped on one side; I just shoved him; when he found he had met a man as good as himself he turned round and said something to the others, and the whole lot run away; that is how he met with the accident—trying to get away so quick, when he fell over the rope. There was no one near him at that time at all. We walked away, not knowing that anything serious had happened; I did not run away.</p>
<p>To the Court. This was just after closing time. I went home, and I could not sleep; about half past five in the morn
<lb/>ing I went out and I met Baker.</p>
<p>Cross-examined. I am certain that Hemms took off his coat and said he would fight the best man there; I am sure he had his coat off before he fell into the trench. He made a blow at me, and I stepped aside; I shoved him; it was not a blow of mine that rendered him unconscious. It was between 1.15 and 1.20 that I got home. When the officers came at five o'clock my mother thought they were men who wanted to take me out to drink, and she said I was not at home. On this night I had had a drop to drink, but nothing to speak of. when I caught hold of prosecutor's coat I did not know what I was doing. He had looked at me in a very insulting wav. I repeat, on oath, that Hemms took off his coat and challenged the beat man to fight. After Hemms fell into the hole I did not run away; I walked across the road; if I had thought that it was anything so serious I should have gone to help him. Q. Why did you run away directly you saw the two police officers at seven o'clock in the morning? A. Because I know what they are; they have taken a liberty with me many a time.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-40" type="witnessName">
<interp inst="t19060723-name-40" type="gender" value="male"/>
<interp inst="t19060723-name-40" type="surname" value="BAMFIELD"/>
<interp inst="t19060723-name-40" type="given" value="HENRY"/>HENRY BAMFIELD</persName> </hi> Police-constable, 661 K. On hearing a police whistle I went to this place. Hemms had been taken out of the trench and was lying on the pavement. His coat was off; it was rolled up under his head.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-41" type="witnessName">
<interp inst="t19060723-name-41" type="gender" value="male"/>
<interp inst="t19060723-name-41" type="surname" value="PATTEN"/>
<interp inst="t19060723-name-41" type="given" value="THOMAS"/>THOMAS PATTEN</persName> </hi>, recalled. When we got Hemms out of the trench his coat was on; I am positive of that.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-42" type="witnessName">
<interp inst="t19060723-name-42" type="gender" value="male"/>
<interp inst="t19060723-name-42" type="surname" value="ROTTSTEIN"/>
<interp inst="t19060723-name-42" type="given" value="ISAAC"/>ISAAC ROTTSTEIN</persName> </hi>, recalled. I helped to pull Hemms out of the hole; I am sure he had his coat on then. There is no truth whatever in the suggestion that before anything had been done to him Hemms pulled off his coat and offered to fight.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-43" type="witnessName">
<interp inst="t19060723-name-43" type="gender" value="male"/>
<interp inst="t19060723-name-43" type="surname" value="BAKER"/>
<interp inst="t19060723-name-43" type="given" value="EDWIN THOMAS"/>EDWIN THOMAS BAKER</persName> </hi> (prisoner, on oath). When we were at the coffee stall there were 14 or 15 men about there. After I had ordered some teas, I saw prosecutor staring at Harnett in a very insulting manner; he was 13 or 14 ft. away from the stall. Harnett, seeing that prosecutor was staring at him in this way, went up to him and caught hold of the lappet of his</p>
<xptr type="pageFacsimile" doc="190607230011"/>
<p>coat and spoke to him. Prosecutor called out, and immediately Hemms and two or three others came up and got round Harnett and started having a row. Seeing that they were quar
<lb/>relling I went over and tried to stop the row. During the wrangle I saw Hemms take off his coat, or partly take it off, and I heard him say that he would fight the best man there; then I saw Harnett strike Hemms. Hemms collided with the rope and fell into the ditch; that is how he met with his in juries. All I did was to try to pacify the men; I did not strike prosecutor nor Hemms. When I was arrested at seven in the morning I was in company with Harnett. When I saw the two constables I ran away; I did that because I had been in this affair the night before. When Gale arrested me he took me as Michael Harnett; I said, "You have made a mis
<lb/>take." I said I would go quietly with him, but he drew his truncheon and stood over me with it. At the station I gave a detailed account of the whole business. The constable to-day has just picked out a little of what I said, so as to try to in
<lb/>criminate me.</p>
<p>Cross-examined. It is not correct that I ran away when Hemms fell into the ditch. Harnett and I had two girls with us; when this affair happened the girls ran away; I went to try to find them; I was tramping about all night trying to find them. It was purely by accident that I met Harnett in the morning. I heard Harnett say that he gave Hemms a "push "; I should rather call it a blow; but he did not send Hemms Over the rope; the man fell over. There was only one blow Struck that I saw. I know Harnett well. The men who were round the stall were strangers to me; if I had been arrested at the time I could have called some of them as witnesses. I am certain that Hemms took his coat off, or partly so.</p>
<p>(Tuesday, July 24, 1906.)</p>
<p>Verdict,
<rs id="t19060723-9-verdict-1" type="verdictDescription">
<interp inst="t19060723-9-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-9-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>. Harnett confessed to having been con
<lb/>victed of felony at Clerkenwell on August 12, 1902. Baker confessed to having been convicted of felony at this Court on January 7, 1901. Other convictions proved against both pri
<lb/>soners. Sentence, Harnett,
<rs id="t19060723-9-punishment-9" type="punishmentDescription">
<interp inst="t19060723-9-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-9-punishment-9" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-19060723 t19060723-9-punishment-9"/>Seven years' penal servitude</rs>; Baker,
<rs id="t19060723-9-punishment-10" type="punishmentDescription">
<interp inst="t19060723-9-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-9-punishment-10" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-9-19060723 t19060723-9-punishment-10"/>Five years' penal servitude</rs>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>; Monday, July 23.</p>
<p>(Before the Common Serjeant.)</p>
<div1 type="trialAccount" id="t19060723-10">
<interp inst="t19060723-10" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-10" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-10-charge-1" targOrder="Y" targets="def1-10-19060723 t19060723-10-offence-1 t19060723-10-verdict-1"/>
<p>
<persName id="def1-10-19060723" type="defendantName">
<interp inst="def1-10-19060723" type="gender" value="male"/>
<interp inst="def1-10-19060723" type="age" value="44"/>
<interp inst="def1-10-19060723" type="surname" value="CLARKE"/>
<interp inst="def1-10-19060723" type="given" value="JAMES"/>
<interp inst="def1-10-19060723" type="occupation" value="stoker"/>
<hi rend="largeCaps">CLARKE</hi>, James (44, stoker)</persName>
<rs id="t19060723-10-verdict-1" type="verdictDescription">
<interp inst="t19060723-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-10-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-10-offence-1" type="offenceDescription">
<interp inst="t19060723-10-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19060723-10-offence-1" type="offenceSubcategory" value="coiningOffences"/>, to possessing counterfeit coin with intent to utter the same, and confessed to a previous conviction.</rs> </p>
<p>Mr. Wilkinson prosecuted.</p>
<xptr type="pageFacsimile" doc="190607230012"/>
<p>On the morning of July 5, about 11 o'clock. Detective Biggs. A Division, looking down from an omnibus which was pulled up in consequence of repairs to Commercial Street, saw pri
<lb/>soner hand what he took to be a coin to another man. The officer got down, and finally on searching prisoner found the eight counterfeit coins referred to in the indictment. For a similar offence prisoner was sentenced on March 25, 1901, to seven years' penal servitude. A long list of other convictions was proved. Prisoner was released on license on June 26 of this year, so that he had been at large about a fortnight at the time of his arrest.</p>
<p>Sentence,
<rs id="t19060723-10-punishment-11" type="punishmentDescription">
<interp inst="t19060723-10-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-10-punishment-11" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-10-19060723 t19060723-10-punishment-11"/>Five years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-11">
<interp inst="t19060723-11" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-11" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-11-charge-1" targOrder="Y" targets="def1-11-19060723 t19060723-11-offence-1 t19060723-11-verdict-1"/>
<join result="criminalCharge" id="t19060723-11-charge-2" targOrder="Y" targets="def2-11-19060723 t19060723-11-offence-1 t19060723-11-verdict-2"/>
<p>
<persName id="def1-11-19060723" type="defendantName">
<interp inst="def1-11-19060723" type="gender" value="male"/>
<interp inst="def1-11-19060723" type="age" value="31"/>
<interp inst="def1-11-19060723" type="surname" value="SANDERSON"/>
<interp inst="def1-11-19060723" type="given" value="HENRY"/>
<interp inst="def1-11-19060723" type="occupation" value="dealer"/>
<hi rend="largeCaps">SANDERSON</hi>, Henry (31, dealer)</persName>, and
<persName id="def2-11-19060723" type="defendantName">
<interp inst="def2-11-19060723" type="gender" value="female"/>
<interp inst="def2-11-19060723" type="age" value="29"/>
<interp inst="def2-11-19060723" type="surname" value="SANDERSON"/>
<interp inst="def2-11-19060723" type="given" value="MARTHA LOUISE"/>
<hi rend="largeCaps">SANDERSON</hi>, Martha Louisa (29, his wife)</persName>,
<rs id="t19060723-11-offence-1" type="offenceDescription">
<interp inst="t19060723-11-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19060723-11-offence-1" type="offenceSubcategory" value="coiningOffences"/>both feloniously possessing a mould and other tools for making counterfeit coin</rs>. The male pri
<lb/>soner
<rs id="t19060723-11-verdict-1" type="verdictDescription">
<interp inst="t19060723-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-11-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>.</p>
<p>Mr. Partridge prosecuted, and proceeded with the trial of the female prisoner.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-47" type="witnessName">
<interp inst="t19060723-name-47" type="gender" value="female"/>
<interp inst="t19060723-name-47" type="surname" value="STUTTER"/>
<interp inst="t19060723-name-47" type="given" value="LOUISA"/>LOUISA STUTTER</persName> </hi>, wife of William Stutter, upholsterer, 347, Old Ford Road, proved letting two rooms to the female prisoner in the name of Harvey on June 6 on a weekly tenancy. She paid 3s. deposit, and prisoners entered into occupation next day and remained until July 16.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-48" type="witnessName">
<interp inst="t19060723-name-48" type="gender" value="male"/>
<interp inst="t19060723-name-48" type="surname" value="BURNHAM"/>
<interp inst="t19060723-name-48" type="given" value="WILLIAM"/>WILLIAM BURNHAM</persName> </hi>, Detective-Sergeant, New Scotland Yard. On July 16 I was in company with Detective-Sergeant Yeo in the neighbourhood of Old Ford Road. We saw the prisoners during the morning in and out of the house fetching errands. In the afternoon the man went out at about three o'clock and came home at about quarter to five, and as the result of our observations we decided to go in. At about half past four the woman had come out and with another woman had gone into a public-house, afterwards returning to the house. We went up to their rooms and met the male prisoner on the landing between the two rooms. We told him we were police officers, and suspected him of having counter
<lb/>feit coins in his possession, and implements for making them. He said, "All right," and walked into the kitchen where the woman was. She said, "You b—y fool you have been 'tailed off' (followed). If you had been drunk I could have understood it, but you are sober. You call yourself 'wide.' They could not have 'tailed' me." In front of the fire on a hanger was the florin mould produced, drying. In a cupboard in the bedroom I found two bottles containing plating solution, and a rack used for plating coins, the coins being put in the rack and placed in the solution, two ladles with part of the metal in them, a pair of pliers, some pieces of metal, and amongst them two gaets, or pieces of metal that go into the pouring holes of</p>
<xptr type="pageFacsimile" doc="190607230013"/>
<p>the mould, and two clamps for holding the moulds together while the metal is being poured into them. The prisoners were brought into the room, and I said to them, "You see all these things," and the man replied, "Yes; all right, governor." The woman said, "I wonder how I am going to get on." At Bow Police Station, in answer to the charge, they said "All right."</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-49" type="witnessName">
<interp inst="t19060723-name-49" type="gender" value="male"/>
<interp inst="t19060723-name-49" type="surname" value="YEO"/>
<interp inst="t19060723-name-49" type="given" value="ALBERT"/>ALBERT YEO</persName> </hi>, Detective-Sergeant In the oven in the presence of both prisoners I found two moulds both dated 1904 similar to the one found in front of the fire; on the mantelpiece a packet of plaster of Paris used for making the moulds, a piece of glass used for levelling moulds, a pair of scissors for cutting off the gaets, and a dozen metal spoons used for making the coins, and in the ladle that had already been used were the pieces of steel used in the handles of the spoons. The woman said, "Yes, that is all right; a fair 'cop.'" She then took a 2s. piece out of her pocket dated 1904, the same impression as was in the moulds. She also said, "It is no use having trouble with you people; you are sure to beat us."</p>
<p>The Common Serjeant observed that there was no evidence that the woman was acting independently of her husband, and therefore she could not be convicted.</p>
<p>Mr. Partridge said he had preferred to try this case, at it was always difficult to know what to do, and it would be re
<lb/>membered that not long ago a detective officer complained in the witness-box that people actually got married in order that the woman might be under legal coercion. The woman was no doubt a very willing dupe.</p>
<p>The Common Serjeant. No doubt a very willing dupe, but that will not alter the law.</p>
<p>The jury accordingly returned a verdict of
<rs id="t19060723-11-verdict-2" type="verdictDescription">
<interp inst="t19060723-11-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19060723-11-verdict-2" type="verdictSubcategory" value=""/>Not guilty</rs> against the female prisoner. The male prisoner confessed to a previous conviction for uttering.</p>
<p>Sentence,
<rs id="t19060723-11-punishment-12" type="punishmentDescription">
<interp inst="t19060723-11-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-11-punishment-12" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-19060723 t19060723-11-punishment-12"/>Five years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-12">
<interp inst="t19060723-12" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-12" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-12-charge-1" targOrder="Y" targets="def1-12-19060723 t19060723-12-offence-1 t19060723-12-verdict-1"/>
<p>
<persName id="def1-12-19060723" type="defendantName">
<interp inst="def1-12-19060723" type="gender" value="female"/>
<interp inst="def1-12-19060723" type="age" value="33"/>
<interp inst="def1-12-19060723" type="surname" value="MARTIN"/>
<interp inst="def1-12-19060723" type="given" value="ELLEN"/>
<interp inst="def1-12-19060723" type="occupation" value="no occupation"/>
<hi rend="largeCaps">MARTIN</hi>, Ellen (33, no occupation)</persName>
<rs id="t19060723-12-offence-1" type="offenceDescription">
<interp inst="t19060723-12-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-12-offence-1" type="offenceSubcategory" value="simpleLarceny"/>; stealing a post letter containing an order for payment of 18s., the property of
<persName id="t19060723-name-51" type="victimName">
<interp inst="t19060723-name-51" type="gender" value="male"/>
<interp inst="t19060723-name-51" type="surname" value="MONTGOMERY"/>
<interp inst="t19060723-name-51" type="given" value="JAMES"/>
<interp inst="t19060723-name-51" type="occupation" value="commissionaire"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-12-offence-1 t19060723-name-51"/>James Montgomery</persName>, and feloniously receiving same.</rs> </p>
<p>Mr. Lilley prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-52" type="witnessName">
<interp inst="t19060723-name-52" type="gender" value="male"/>
<interp inst="t19060723-name-52" type="surname" value="MONTGOMERY"/>
<interp inst="t19060723-name-52" type="given" value="JAMES"/>JAMES MONTGOMERY</persName> </hi>, commissionaire, 9, Ridsdale Street, Chelsea. I lodged at one time with the prisoner at 14, Hunt Street, Vauxhall. At that time I was receiving regimental pay, 17s. one week and 18s. another. I have since been discharged from the regiment—last Friday. The money was payable each Tuesday. Prisoner used to receive the letters that came for me to Hunt Street. I remember asking her on May 29 if my letter had arrived and her saying "No." I told her I had been in
<lb/>formed it had arrived and she replied, "Cannot you trust my word?" I said, "Yes; I will call again to-morrow." As I was</p>
<xptr type="pageFacsimile" doc="190607230014"/>
<p>leaving the room she turned round and shouted, "I have got your letter. I will make you go the full length for it." The letter should have contained 18s. As a rule, the money was paid to me at the Post Office in Kennington Road. It was a special money order.</p>
<p>Prisoner. I told him when he came I did not have the letter as I was out at the time of delivery.</p>
<p>To the Court. I lodged with prisoner three or four weeks and she took in the letters every week. I was employed in night work and kept in bed during the day. Except on this occasion, when she said she had not got, she always handed me the letters.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-53" type="witnessName">
<interp inst="t19060723-name-53" type="gender" value="male"/>
<interp inst="t19060723-name-53" type="surname" value="PRESTON"/>
<interp inst="t19060723-name-53" type="given" value="HENRY"/>HENRY PRESTON</persName> </hi>, Colour-Sergeant, 2nd West York Regiment, stationed at Hollywood, near Belfast, proved the despatch of the letter "O. H. M. S." containing the 18s.; and Lance-Corporal
<hi rend="smallCaps">GEORGE HANCOCK</hi>, regimental postman on May 28, deposed to posting it at the Hollywood Post Office.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-54" type="witnessName">
<interp inst="t19060723-name-54" type="gender" value="male"/>
<interp inst="t19060723-name-54" type="surname" value="BANDY"/>
<interp inst="t19060723-name-54" type="given" value="JOSEPH WILLIAM"/>JOSEPH WILLIAM BANDY</persName> </hi>, postman, Brixton. I recollect deli
<lb/>vering a letter on May 29 addressed to "J. Montgomery, 14, Hunt Street, Vauxhall," into the hands of prisoner. I had previously delivered there blue envelopes "O. H. M. S." and knew prisoner by sight.</p>
<p>Prisoner denied the delivery, stating that she had only received six letters in eleven months, those having been deli
<lb/>vered by the postman with glasses.</p>
<p>Witness, to the Court. The delivery would be as nearly as possible at two o'clock.</p>
<p>Prisoner. I was not in at two o'clock.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-55" type="witnessName">
<interp inst="t19060723-name-55" type="gender" value="female"/>
<interp inst="t19060723-name-55" type="surname" value="TRIBE"/>
<interp inst="t19060723-name-55" type="given" value="HARRIET LOUISA"/>HARRIET LOUISA TRIBE</persName> </hi>, superintendent, Lambeth Post Office, 42, Kennington Road, proved the payment on May 29 of the 18s. on the order of Captain Lowe, of Belfast, but had no recol
<lb/>lection to whom it was paid.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-56" type="witnessName">
<interp inst="t19060723-name-56" type="gender" value="female"/>
<interp inst="t19060723-name-56" type="surname" value="HEYWOOD"/>
<interp inst="t19060723-name-56" type="given" value="EMILY"/>EMILY HEYWOOD</persName> </hi>. I am the sister of James Montgomery and married. On May 29 I went with my brother to 14, Hunt Street to get a letter that was coming from Ireland with money in it. He asked Mrs. Martin's daughter if his money had come. Prisoner subsequently made her appearance and my brother asked her for the letter. She said she had not received it. As we were leaving she said, "We have got your money; we have got your money; we will make you go the full length of the way for it." There were several other women in the house.</p>
<p>Prisoner said the young woman was telling falsehoods.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-57" type="witnessName">
<interp inst="t19060723-name-57" type="gender" value="male"/>
<interp inst="t19060723-name-57" type="surname" value="WARD"/>
<interp inst="t19060723-name-57" type="given" value="ALBERT"/>ALBERT WARD</persName> </hi>, Detective, L Division. On June 25 I went to 14, Hunt Street, Lambeth, to arrest prisoner. Her daughter opened the door and I saw prisoner run into the back yard. I told her I was a police-officer and should arrest her for stealing a postal letter containing a money order addressed to James Montgomery. She became very excited and called to some</p>
<xptr type="pageFacsimile" doc="190607230015"/>
<p>woman in the next house, She said, "I know who had the b—y letter. He served me a dirty trick, sponged on me, and I got my own back; wouldn't you? You cannot prove I had the money. I can prove where I was at the time." Several women rushed in from next door. They were all very excited. We had dirty water thrown over us from tins and saucepans and several things.</p>
<p>Prisoner. Do not stand there telling such falsehoods. I never had a saucepan. I had to borrow one from next door.</p>
<p>Witness. As we were leaving the house prisoner said to her daughter, "Keep your mouth shut; don't tell them any
<lb/>thing." The explanation of the delay in arresting the woman is that prosecutor first of all applied at the Westminster Police Court. The warrant officer there first made some inquiries and we waited till we had corresponded with Ireland and then I was some time before I could find prisoner in.</p>
<p>Prisoner. I was away a fortnight attending a confinement and that is the reason why I was not in. I had eight little chil
<lb/>dren and a new-born baby and the wife to look after. I have never been locked up before and have never been handled by a policeman in my life.</p>
<p>
<rs id="t19060723-12-verdict-1" type="verdictDescription">
<interp inst="t19060723-12-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19060723-12-verdict-1" type="verdictSubcategory" value=""/>The jury acquitted the prisoner, regarding the charge as "non proven</rs>."</p> </div1>
<div1 type="trialAccount" id="t19060723-13">
<interp inst="t19060723-13" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-13" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-13-charge-1" targOrder="Y" targets="def1-13-19060723 t19060723-13-offence-1 t19060723-13-verdict-1"/>
<p>
<persName id="def1-13-19060723" type="defendantName">
<interp inst="def1-13-19060723" type="gender" value="male"/>
<interp inst="def1-13-19060723" type="age" value="29"/>
<interp inst="def1-13-19060723" type="surname" value="REYNOLDS"/>
<interp inst="def1-13-19060723" type="given" value="WILLIAM"/>
<interp inst="def1-13-19060723" type="occupation" value="carman"/>
<hi rend="largeCaps">REYNOLDS</hi>, William (29, carman)</persName>
<rs id="t19060723-13-verdict-1" type="verdictDescription">
<interp inst="t19060723-13-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-13-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-13-offence-1" type="offenceDescription">
<interp inst="t19060723-13-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-13-offence-1" type="offenceSubcategory" value="burglary"/>, to bur
<lb/>glary in the dwelling-house of
<persName id="t19060723-name-59" type="victimName">
<interp inst="t19060723-name-59" type="gender" value="male"/>
<interp inst="t19060723-name-59" type="surname" value="GOLDSMITH"/>
<interp inst="t19060723-name-59" type="given" value="HERBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-13-offence-1 t19060723-name-59"/>Herbert Goldsmith</persName>, with intent to steal therein, and confessed to a previous conviction</rs>. A number of convictions were proved; prisoner has a remanent of 240 days to serve. Sentence,
<rs id="t19060723-13-punishment-13" type="punishmentDescription">
<interp inst="t19060723-13-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-13-punishment-13" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-13-19060723 t19060723-13-punishment-13"/>Five years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-14">
<interp inst="t19060723-14" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-14" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-14-charge-1" targOrder="Y" targets="def1-14-19060723 t19060723-14-offence-1 t19060723-14-verdict-1"/>
<p>
<persName id="def1-14-19060723" type="defendantName">
<interp inst="def1-14-19060723" type="gender" value="male"/>
<interp inst="def1-14-19060723" type="age" value="27"/>
<interp inst="def1-14-19060723" type="surname" value="PHILIPIDES"/>
<interp inst="def1-14-19060723" type="given" value="GEORGE"/>
<interp inst="def1-14-19060723" type="occupation" value="agent"/>
<hi rend="largeCaps">PHILIPIDES</hi>, George (27, agent)</persName>
<rs id="t19060723-14-verdict-1" type="verdictDescription">
<interp inst="t19060723-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-14-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-14-offence-1" type="offenceDescription">
<interp inst="t19060723-14-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-14-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, a Greek, to breaking and entering the counting house of
<persName id="t19060723-name-61" type="victimName">
<interp inst="t19060723-name-61" type="gender" value="male"/>
<interp inst="t19060723-name-61" type="surname" value="SEELINFREUND"/>
<interp inst="t19060723-name-61" type="given" value="HERMANN"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-14-offence-1 t19060723-name-61"/>Hermann See
<lb/>linfreund</persName>, and stealing therein one typewriter and a parcel of cigarette cases, his goods, and feloniously receiving same; felo
<lb/>niously receiving a typewriter and 20 dressing gowns, the goods of
<persName id="t19060723-name-62" type="victimName">
<interp inst="t19060723-name-62" type="gender" value="male"/>
<interp inst="t19060723-name-62" type="surname" value="BETHELL"/>
<interp inst="t19060723-name-62" type="given" value="PERCY"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-14-offence-1 t19060723-name-62"/>Percy Bethell</persName> and another, well knowing them to have been stolen; feloniously receiving a typewriter, the goods of
<persName id="t19060723-name-63" type="victimName">
<interp inst="t19060723-name-63" type="gender" value="male"/>
<interp inst="t19060723-name-63" type="surname" value="FERRIMAN"/>
<interp inst="t19060723-name-63" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-14-offence-1 t19060723-name-63"/>Thomas Ferriman</persName>, well knowing it to have been stolen; feloniously receiving a walking-stick and five keys, the goods of
<persName id="t19060723-name-64" type="victimName">
<interp inst="t19060723-name-64" type="gender" value="male"/>
<interp inst="t19060723-name-64" type="surname" value="NARIK"/>
<interp inst="t19060723-name-64" type="given" value="PETER"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-14-offence-1 t19060723-name-64"/>Peter Narik</persName>, well knowing them to have been stolen; feloniously receiving a bicycle, the property of
<persName id="t19060723-name-65" type="victimName">
<interp inst="t19060723-name-65" type="gender" value="male"/>
<interp inst="t19060723-name-65" type="surname" value="HAMBRIDGE"/>
<interp inst="t19060723-name-65" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-14-offence-1 t19060723-name-65"/>William Hambridge</persName>, well knowing it to have been stolen; prisoner confessed to a previous conviction in 1903.</rs> </p>
<p>Mr. Lilley prosecuted; Mr. Purcell defended.</p>
<p>Detective-Sergeant
<hi rend="smallCaps">BARRON</hi> stated that prisoner had been in several places during the past twelve months, and everyone he had been to he appeared to have defrauded in some way, and in the case of two of the indictments he had received charity from the men he had robbed. Mr. Seelinfreund had assisted him</p>
<xptr type="pageFacsimile" doc="190607230016"/>
<p>on several occasions. Prisoner when asking for charity or for employment used to take note of how he could get in, and was one of the cleverest office thieves, leaving no trace behind him, his visits being only discovered through goods being missing. At prisoner's house he found a whole plant for making skeleton keys, a quantity of keys and files, and vices for filing them. Prisoner had a child under twelve months old, and his wife, who was an Englishwoman, appeared to be a respectable woman.</p>
<p>Mr. Purcell said it was clear prisoner must have had assist
<lb/>ance in disposing of the plunder.</p>
<p>The Common Serjeant, in sentencing prisoner to
<rs id="t19060723-14-punishment-14" type="punishmentDescription">
<interp inst="t19060723-14-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-14-punishment-14" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-19060723 t19060723-14-punishment-14"/>four years' penal servitude</rs>, regretted that as he had married an English woman he could not recommend his deportation at an undesir
<lb/>able alien.</p> </div1>
<div1 type="trialAccount" id="t19060723-15">
<interp inst="t19060723-15" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-15" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-15-charge-1" targOrder="Y" targets="def1-15-19060723 t19060723-15-offence-1 t19060723-15-verdict-2"/>
<join result="criminalCharge" id="t19060723-15-charge-2" targOrder="Y" targets="def2-15-19060723 t19060723-15-offence-1 t19060723-15-verdict-1"/>
<p>
<persName id="def1-15-19060723" type="defendantName">
<interp inst="def1-15-19060723" type="gender" value="male"/>
<interp inst="def1-15-19060723" type="age" value="37"/>
<interp inst="def1-15-19060723" type="surname" value="WESTFALL"/>
<interp inst="def1-15-19060723" type="given" value="ARTHUR"/>
<interp inst="def1-15-19060723" type="occupation" value="stoker"/>
<hi rend="largeCaps">WESTFALL</hi>, Arthur (37, stoker)</persName>, and
<persName id="def2-15-19060723" type="defendantName">
<interp inst="def2-15-19060723" type="gender" value="male"/>
<interp inst="def2-15-19060723" type="age" value="30"/>
<interp inst="def2-15-19060723" type="surname" value="SOLOMONS"/>
<interp inst="def2-15-19060723" type="given" value="JACK"/>
<interp inst="def2-15-19060723" type="occupation" value="porter"/>
<hi rend="largeCaps">SOLOMONS</hi>, Jack (30, porter)</persName>
<rs id="t19060723-15-offence-1" type="offenceDescription">
<interp inst="t19060723-15-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-15-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing a watch and other articles, the goods of
<persName id="t19060723-name-68" type="victimName">
<interp inst="t19060723-name-68" type="gender" value="male"/>
<interp inst="t19060723-name-68" type="surname" value="BROWNHILL"/>
<interp inst="t19060723-name-68" type="given" value="JOHN"/>
<interp inst="t19060723-name-68" type="occupation" value="licensed victualler, retired"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-15-offence-1 t19060723-name-68"/>John Brownhill</persName>, from his person, and feloniously receiving same</rs>. Solomon
<rs id="t19060723-15-verdict-1" type="verdictDescription">
<interp inst="t19060723-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-15-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>.</p>
<p>Mr. J. F. Vesey FitzGerald prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-69" type="witnessName">
<interp inst="t19060723-name-69" type="gender" value="male"/>
<interp inst="t19060723-name-69" type="surname" value="BROWNHILL"/>
<interp inst="t19060723-name-69" type="given" value="JOHN"/>JOHN BROWNHILL</persName> </hi>. I am a retired licensed victualler, and live in Essex. On June 18, at about quarter to nine, I was walking in Middlesex Street on my way from Fenchurch Street to Liver
<lb/>pool Street. I noticed Solomons walking about four paces on my right-hand side. Presently he touched me on the right shoulder and said, "Hulloa, dad," or something to that effect. The instant he did that Westfall jumped from the opposite side and caught hold of my watch-chain, pulled out the watch, and said, "I have got it," and they ran away together. The bar of the chain fell in my hand. I valued the watch, chain, and spade guinea attached at seven guineas. I followed for a short distance, and had a full view of them for 15 or 20 yards. Then I stopped, and a policeman came up to me. Prisoners were afterwards brought back by two police
<lb/>men, and I identified them. I was asked which of them took the watch, and I said Westfall.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-70" type="witnessName">
<interp inst="t19060723-name-70" type="gender" value="male"/>
<interp inst="t19060723-name-70" type="surname" value="PENNY"/>
<interp inst="t19060723-name-70" type="given" value="ISAAC"/>ISAAC PENNY</persName> </hi>, Police Constable, 366 H Division. At 8.45 on the night of June 16 I was on duty in Duval Street, Bishops
<lb/>gate, near Middlesex Street. I saw Westfall running from the direction of Widegate Street, a turning out of Middlesex Street. There were some children running after him and they called out, "That is the man in the bowler hat." I gave chase and caught him and asked him what he was running away for. He said, "I am trying to stop a man who has stolen a gentleman's watch and chain." I took him back to Widegate Street, and when prosecutor saw him he said, "That is the man who has stolen my watch and chain." He was taken to the Bishopsgate Station and charged.</p>
<xptr type="pageFacsimile" doc="190607230017"/>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-71" type="witnessName">
<interp inst="t19060723-name-71" type="gender" value="male"/>
<interp inst="t19060723-name-71" type="surname" value="MACCARTHY"/>
<interp inst="t19060723-name-71" type="given" value="GEORGE"/>GEORGE MACCARTHY</persName> </hi>. I am 13 years old and live at 5, Sandys Row. On the night of June 18, about a quarter to nine, I was in Artillery Lane, near Middlesex Street. I heard some whistles blowing and a crowd stopped the two men, Westfall and Solo
<lb/>mons. I saw Solomons take the watch from Westfall's hand. Then the crowd shouted out, and they all pointed to Solo
<lb/>mons, and when the police caught Solomons he threw it back to Westfall and I saw it on the ground.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-72" type="witnessName">
<interp inst="t19060723-name-72" type="gender" value="male"/>
<interp inst="t19060723-name-72" type="surname" value="WESTFALL"/>
<interp inst="t19060723-name-72" type="given" value="ARTHUR"/>ARTHUR WESTFALL</persName> </hi> (prisoner, on oath). On the night of June 18, at 8.30, I was coming from Bishopsgate Street into Middle
<lb/>sex Street, going towards Widegate Street. When in Widegate Street I heard a shout of "Stop thief!"Three men ran past me, and as I got towards Widegate Alley I tried to stop one, but I was thrown down by the two others, and when I got up I had lost sight of them. I never saw either of the three men again until I was arrested. I was standing still at the time and was a bit dazed through being knocked down.</p>
<p>Cross-examined. For the last six months I have been work
<lb/>ing for a chairmaker. I lived at 118, Fenton Street, St. George's, but have had to get out of my place through being in this trouble. I do not know the other prisoner, never saw him before, and have never been in his company.</p>
<p>Prisoner called his wife to produce his characters and dis
<lb/>charges, he having been a seafaring man, but the woman said she had not them with her.</p>
<p>Prisoner, subsequently recalled as to his character, admitted a conviction for larceny from the person in June, 1904, and that he had previously to that been convicted three times, the first occasion being in 1897, when he was sentenced to 12 months' imprisonment for fraud.</p>
<p>The jury found Westfall
<rs id="t19060723-15-verdict-2" type="verdictDescription">
<interp inst="t19060723-15-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-15-verdict-2" type="verdictSubcategory" value="no_subcategory"/>guilty</rs>, and numerous convictions were proved against both prisoners.</p>
<p>Sentence: Each four years' penal servitude.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>; Tuesday, July 24.</p>
<p>(Before Mr. Justice Darling.)</p>
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<interp inst="t19060723-16" type="date" value="19060723"/>
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<p>
<persName id="def1-16-19060723" type="defendantName">
<interp inst="def1-16-19060723" type="gender" value="female"/>
<interp inst="def1-16-19060723" type="age" value="51"/>
<interp inst="def1-16-19060723" type="surname" value="HOLLIS"/>
<interp inst="def1-16-19060723" type="given" value="AMELIA"/>
<interp inst="def1-16-19060723" type="occupation" value="midwife"/>
<hi rend="largeCaps">HOLLIS</hi>, Amelia (51, midwife)</persName>
<rs id="t19060723-16-offence-1" type="offenceDescription">
<interp inst="t19060723-16-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19060723-16-offence-1" type="offenceSubcategory" value="murder"/>, on coroner's inquisition, murder of
<persName id="t19060723-name-74" type="victimName">
<interp inst="t19060723-name-74" type="gender" value="female"/>
<interp inst="t19060723-name-74" type="surname" value="DOEL"/>
<interp inst="t19060723-name-74" type="given" value="BERTHA"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-16-offence-1 t19060723-name-74"/>Bertha Doel</persName>.</rs> </p>
<p>
<rs id="t19060723-16-verdict-1" type="verdictDescription">
<interp inst="t19060723-16-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19060723-16-verdict-1" type="verdictSubcategory" value="directed"/>Mr. Symmons, who appeared for the Director of Public Pro
<lb/>secutions, said that prisoner was supposed to have performed an illegal operation. Apart from evidence, properly taken by the coroner, but which would be inadmissible on a trial in this Court, it would be impossible to ask the jury to convict, and, with the sanction of the Court, he proposed to offer no evidence. His lordship, having perused the depositions, agreed. The jury accordingly, by direction, returned a verdict of Not Guilty.</rs> </p> </div1>
<div1 type="trialAccount" id="t19060723-17">
<interp inst="t19060723-17" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-17" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-17-charge-1" targOrder="Y" targets="def1-17-19060723 t19060723-17-offence-1 t19060723-17-verdict-1"/>
<xptr type="pageFacsimile" doc="190607230018"/>
<p>
<persName id="def1-17-19060723" type="defendantName">
<interp inst="def1-17-19060723" type="gender" value="male"/>
<interp inst="def1-17-19060723" type="age" value="23"/>
<interp inst="def1-17-19060723" type="surname" value="MABLE"/>
<interp inst="def1-17-19060723" type="given" value="WILFRED LAWSON"/>
<interp inst="def1-17-19060723" type="occupation" value="engineer"/>
<hi rend="largeCaps">MABLE</hi>, Wilfred Lawson (23, engineer)</persName>
<rs id="t19060723-17-offence-1" type="offenceDescription">
<interp inst="t19060723-17-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19060723-17-offence-1" type="offenceSubcategory" value="wounding"/>, feloniously wound
<lb/>ing
<persName id="t19060723-name-76" type="victimName">
<interp inst="t19060723-name-76" type="gender" value="female"/>
<interp inst="t19060723-name-76" type="surname" value="MABLE"/>
<interp inst="t19060723-name-76" type="given" value="SARAH LOUISA"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-17-offence-1 t19060723-name-76"/>Sarah Louisa Mable</persName>, his sister, with intent to kill and murder her, and to do her some grievous bodily harm.</rs> </p>
<p>Mr. Forrest Fulton prosecuted; Mr. Travers Humphreys de
<lb/>fended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-77" type="witnessName">
<interp inst="t19060723-name-77" type="gender" value="male"/>
<interp inst="t19060723-name-77" type="surname" value="MABLE"/>
<interp inst="t19060723-name-77" type="given" value="NORMAN"/>NORMAN MABLE</persName> </hi>, The Laurels, East Acton. I am a brother of prisoner. On June 6, at twenty to nine a.m., having received a communication from my eldest sister, I went to a bedroom upstairs; I saw my sister, Sarah Louisa, lying in bed with blood issuing from her throat. Prisoner was standing against the door; I asked him what he had done, and he made no reply; he gave me the razor which he had in his hand. Later on he told me that he had done it to put the poor girl out of her misery. Sarah Louisa suffered from epileptic fits, and had been mentally afflicted all her life.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-78" type="witnessName">
<interp inst="t19060723-name-78" type="gender" value="female"/>
<interp inst="t19060723-name-78" type="surname" value="MABLE"/>
<interp inst="t19060723-name-78" type="given" value="KATE FRANCES"/>KATE FRANCES MABLE</persName> </hi> (affirmed). I was at home on this morn
<lb/>ing, and saw prisoner and my sister together.</p>
<p>Cross-examined. When prisoner came back from Canada two years ago he seemed strange, and to suffer from delusions; he thought he was being followed; that people were whispering, or touching him. Just before June I noticed that he seemed very depressed. He was always very fond of Sarah Louisa. I was the first to go into the bedroom on this morning; prisoner was standing on the further side of the bed with the razor in his hand. When I went in he said, "Don't say anything, Kate."</p>
<p>Dr.
<hi rend="smallCaps">CAMPBELL</hi>, Emanuel Avenue, Acton. I was called in to see the child; she had already received first aid. On removing the bandages I found she had a severe lacerated wound in the throat, about three or four inches from right to left, involving the windpipe; the razor produced might have caused the wound. I saw prisoner; he seemed quite unconcerned; he did not wish to conceal the fact at all; he seemed dazed; I think he was in a weakened condition. There had been nervous trouble in the family.</p>
<p>Cross-examined. Sarah Louisa had been mentally afflicted since she was nine years of age, and, I think, getting worse. I expressed the opinion that she could not give evidence because she would not understand the nature of an oath, and she was not called before the magistrate.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-79" type="witnessName">
<interp inst="t19060723-name-79" type="gender" value="male"/>
<interp inst="t19060723-name-79" type="surname" value="MARGETT"/>
<interp inst="t19060723-name-79" type="given" value="ARTHUR"/>ARTHUR MARGETT</persName> </hi>. Police Constable, 579 X. On my arrest
<lb/>ing prisoner he replied, "I did it to put her out of her misery, as she was subject to fits." At the station he made no reply to the charge.</p>
<xptr type="pageFacsimile" doc="190607230019"/>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">DR. SCOTT</hi>, Brixton Prison. Prisoner has been under my ob
<lb/>servation since June 7. I have made myself acquainted with the facts of this case, and with the history of prisoner and the members of his family. I have come to the conclusion that he was insane at the time he committed this act. While under my observation he has shown no remorse or emotion. I asked him if he did not think he had done a wicked act; he said he thought many people would say so, but he was quite sure God would not. I asked him if he did not know one of the Ten Command
<lb/>ments, "Thou shalt not kill "; he said no, and seemed surprised to hear that there was such a command in the Decalogue.</p>
<p>Verdict,
<rs id="t19060723-17-verdict-1" type="verdictDescription">
<interp inst="t19060723-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-17-verdict-1" type="verdictSubcategory" value="insane"/>Guilty of attempt to murder, but insane at the time.</rs>
<rs id="t19060723-17-punishment-15" type="punishmentDescription">
<interp inst="t19060723-17-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-17-punishment-15" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-19060723 t19060723-17-punishment-15"/>Ordered to be detained during His Majesty's pleasure</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-18">
<interp inst="t19060723-18" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-18" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-18-charge-1" targOrder="Y" targets="def1-18-19060723 t19060723-18-offence-1 t19060723-18-verdict-1"/>
<p>
<persName id="def1-18-19060723" type="defendantName">
<interp inst="def1-18-19060723" type="gender" value="male"/>
<interp inst="def1-18-19060723" type="age" value="25"/>
<interp inst="def1-18-19060723" type="surname" value="SMITH"/>
<interp inst="def1-18-19060723" type="given" value="LAWRENCE ERNEST"/>
<interp inst="def1-18-19060723" type="occupation" value="bootmaker"/>
<hi rend="largeCaps">SMITH</hi>, Lawrence Ernest (25, bootmaker)</persName>
<rs id="t19060723-18-offence-1" type="offenceDescription">
<interp inst="t19060723-18-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19060723-18-offence-1" type="offenceSubcategory" value="wounding"/>, feloniously shoot
<lb/>ing at and wounding
<persName id="t19060723-name-81" type="victimName">
<interp inst="t19060723-name-81" type="gender" value="female"/>
<interp inst="t19060723-name-81" type="surname" value="PHILPOTT"/>
<interp inst="t19060723-name-81" type="given" value="HELENA"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-18-offence-1 t19060723-name-81"/>Helena Philpott</persName> with intent to murder her and to do her some grievous bodily harm.</rs> </p>
<p>Mr. Travers Humphreys prosecuted.</p>
<p>Prisoner, on being called, through the interpretation of a clergyman from the Church for the Deaf and Dumb in Oxford Street, said: "
<rs id="t19060723-18-verdict-1" type="verdictDescription">
<interp inst="t19060723-18-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-18-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>Confession</rs>; God says I must tell," and handed in a written statement.</p>
<p>Mr.
<hi rend="smallCaps">JUSTICE DARLING</hi> said he should not affect to address himself to the prisoner, because he was deaf and dumb, but the sentence would be communicated to him, and perhaps the reasons for it later. The prisoner, a married man, had by threats of violence driven his wife away from him. He afterwards began courting the girl Philpott, and eventually, after threaten
<lb/>ing her, he fired a shot at her with a revolver. The bullet entered her neck. The X rays having been applied the bullet was ex
<lb/>tracted, but the wound might have been fatal. The sentence he was going to pronounce upon the prisoner might appear harsh unless it was explained. It was perfectly plain that the prisoner was a dangerous man, who was probably not in his right mind. The clergyman interpreter, who had known him for years, said he was always of opinion that he was not in his right mind, and that that was his opinion now. Two documents written by prisoner which had been handed his lordship satisfied him that he was not right in his mind.
<rs id="t19060723-18-punishment-16" type="punishmentDescription">
<interp inst="t19060723-18-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-18-punishment-16" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-18-19060723 t19060723-18-punishment-16"/>However, prisoner had pleaded guilty to shooting at the girl and wounding her with intent to murder. He should send him to penal servitude, and there he would be properly treated, to see what was the matter with him. The prisoner would be watched, and if he was really insane the Home Secretary would order his removal to an asylum, or if that was not done he would be treated is a way appropriate for a criminal thus afflicted. Any attempt now to fix a limit as to when he should be released upon the public would be quite an ordinary. He should pass the maximum sentence for the crime to which prisoner had pleaded guilty in order that the matter should be fully considered by the Home Secretary, so that he, under the advice of medical experts, might determine what should be done. He should pass upon the prisoner a sen
<lb/>tence of penal servitude for life, not with the idea that he was to be treated as an ordinary criminal, but that people must be protected against him, and he must be protected against him
<lb/>self, because he had intended, not only to kill the girl, but also to commit suicide</rs>.</p> </div1>
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<interp inst="t19060723-19" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-19" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-19-charge-1" targOrder="Y" targets="def1-19-19060723 t19060723-19-offence-1 t19060723-19-verdict-1"/>
<xptr type="pageFacsimile" doc="190607230020"/>
<p>
<persName id="def1-19-19060723" type="defendantName">
<interp inst="def1-19-19060723" type="gender" value="female"/>
<interp inst="def1-19-19060723" type="age" value="40"/>
<interp inst="def1-19-19060723" type="surname" value="LEWIS"/>
<interp inst="def1-19-19060723" type="given" value="LUCY"/>
<interp inst="def1-19-19060723" type="occupation" value="charwoman"/>
<hi rend="largeCaps">LEWIS</hi>, Lucy (40, charwoman)</persName>
<rs id="t19060723-19-offence-1" type="offenceDescription">
<interp inst="t19060723-19-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19060723-19-offence-1" type="offenceSubcategory" value="wounding"/>; attempted murder of
<persName id="t19060723-name-83" type="victimName">
<interp inst="t19060723-name-83" type="gender" value="male"/>
<interp inst="t19060723-name-83" type="surname" value="LEWIS"/>
<interp inst="t19060723-name-83" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-19-offence-1 t19060723-name-83"/>Wil
<lb/>liam Lewis</persName> and
<persName id="t19060723-name-84" type="victimName">
<interp inst="t19060723-name-84" type="gender" value="female"/>
<interp inst="t19060723-name-84" type="surname" value="LEWIS"/>
<interp inst="t19060723-name-84" type="given" value="VIOLET"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-19-offence-1 t19060723-name-84"/>Violet Lewis</persName>, her two children; attempting to kill and murder herself.</rs> </p>
<p>Mr. Forrest Fulton prosecuted. Mr. Mahaffy (at the request of the Court) defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-85" type="witnessName">
<interp inst="t19060723-name-85" type="gender" value="female"/>
<interp inst="t19060723-name-85" type="surname" value="HANLAN"/>
<interp inst="t19060723-name-85" type="given" value="EMMA"/>EMMA HANLAN</persName> </hi>, matron at Dr. Barnardo's Home, at Bow. Prisoner's son, William Albert, has been in my charge at the Home since October; he is aged seven years. On June 9 pri
<lb/>soner came and asked me to let the boy go out with her for a little while; I assented, and she took him away.</p>
<p>Cross-examined. I had seen her five weeks before this, when she seemed very poorly; she said her heart was affected. She appeared to be devotedly fond of the child.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-86" type="witnessName">
<interp inst="t19060723-name-86" type="gender" value="female"/>
<interp inst="t19060723-name-86" type="surname" value="WOOD"/>
<interp inst="t19060723-name-86" type="given" value="MARIA"/>MARIA WOOD</persName> </hi>, Oram Place, Rotherhithe. I am prisoner's half sister-in-law. On June 9 she came to me about seven in the evening, having the two children with her. She said she was getting on very badly, that she was run right down, and really didn't know what she was going to do. She went on to say that she was going to drown herself and the two children. I said, "For God's sake, don't do that." She said it was no use her going home, for she owed 9s. rent, and she had neither food, fire, nor light. She left me, taking the children with her.</p>
<p>Cross-examined. She was looking very bad, and was very poorly clad. I have known her 8 or 9 years. She was always fond of both the children. She seemed very strange in her mind and upset. I did not follow her when she left me, because I did not dream that she was going to do anything like this.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-87" type="witnessName">
<interp inst="t19060723-name-87" type="gender" value="male"/>
<interp inst="t19060723-name-87" type="surname" value="LEYCESTER"/>
<interp inst="t19060723-name-87" type="given" value="WILLIAM"/>WILLIAM T. LEYCESTER</persName> </hi>, tram driver, Deptford. On June 9, about 10.30, I was on Black Horse Bridge over the canal at Deptford. I saw prisoner walking down the canal bank holding a little boy by the hand. She either fell in or threw herself in. I got assistance and went down to the bank; I took off my coat and got in as far as I could and put out a stick towards her; she made no attempt to take hold of it. Eventually I pulled her in with the stick, and we got the children out as well. Some people around asked why she had done it, and she said because she was in trouble.</p>
<xptr type="pageFacsimile" doc="190607230021"/>
<p>Cross-examined. I cannot say whether she fell in or threw herself in. It was very dark at this spot. She did not try to reach my coat or stick; she was helpless in the water. When she was got out she was very exhausted, and soon went into a swoon.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-88" type="witnessName">
<interp inst="t19060723-name-88" type="gender" value="male"/>
<interp inst="t19060723-name-88" type="surname" value="AUSTIN"/>
<interp inst="t19060723-name-88" type="given" value="JAMES"/>JAMES AUSTIN</persName> </hi>. I live on the canal bank at Deptford. On June 9 my attention was attracted by screams; on going to the bank I saw prisoner and two children in the water. I helped last witness, and between us we got the three of them out. Pri
<lb/>soner made no attempt to get hold of the stick; she saw it and could have reached to it.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-89" type="witnessName">
<interp inst="t19060723-name-89" type="gender" value="male"/>
<interp inst="t19060723-name-89" type="surname" value="HINSLEY"/>
<interp inst="t19060723-name-89" type="given" value="WILLIAM"/>WILLIAM HINSLEY</persName> </hi>, Inspector, R Division. On June 9 prisoner and the two children were brought to the station, where I was inspector in charge. She said she wanted to make a statement. I said, "Whatever you say may be used in evidence against you."</p>
<p>Mr. Mahaffy submitted that these words did not constitute a suffi
<lb/>cient "caution "; prisoner should have been told "that the need not say anything to incriminate herself, but that whatever she did say would be taken down."</p>
<p>Mr. Justice Darling. That is the ordinary caution given before the magistrate: it in totally different where a person comes and says: "I with to make a statement." There is no necessity to give a caution at all.</p>
<p>Witness then read from his note the following statement of the prisoner: "About three p.m. on the 9th inst., I left my home to go to Dr. Barnardo's Home, Grove Road, Bow, taking Violet, aged 2 1/2 with me. I fetched Willie away to do for the three of us. I went to my sister-in-law's, Albion Street, Rother
<lb/>hithe, and stopped there two hours. I then left my sister-in-law, and came straight to the canal, and I took the baby in my arms, and took hold of Willie's hand and purposely fell in. I told my sister-in-law I was going to drown myself and the children, as I have had a lot of trouble and no one to help me."</p>
<p>Cross-examined. Prisoner was in a rather agitated state when she made this statement.</p>
<p>Prisoner's statement upon committal: "I cannot realise what I have done, and I cannot think all I said."</p>
<p>No evidence was called for the defence.</p>
<p>Verdict,
<rs id="t19060723-19-verdict-1" type="verdictDescription">
<interp inst="t19060723-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-19-verdict-1" type="verdictSubcategory" value="withRecommendation"/>Guilty, with a strong recommendation to mercy</rs>.</p>
<p>It was shown that prisoner bore a most excellent character. She had lived very happily with a man for eight years, when he was accidentally killed; she did not marry him, as he was already married. Since his death she had lived quite respect
<lb/>ably, and tried to support herself and the children. The child Violet had, since this attempted drowning, been quite dumb Mr. Scott France, the missionary attending this court, said ar
<lb/>rangements had been made for the care of the children, and for prisoner being looked after on the expiration of whatever sen
<lb/>tence</p>
<xptr type="pageFacsimile" doc="190607230022"/>
<p>might be imposed. Mr. Justice Darling sentenced her to
<rs id="t19060723-19-punishment-17" type="punishmentDescription">
<interp inst="t19060723-19-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-19-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-19-19060723 t19060723-19-punishment-17"/>six months' imprisonment</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-20">
<interp inst="t19060723-20" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-20" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-20-charge-1" targOrder="Y" targets="def1-20-19060723 t19060723-20-offence-1 t19060723-20-verdict-1"/>
<p>
<persName id="def1-20-19060723" type="defendantName">
<interp inst="def1-20-19060723" type="gender" value="male"/>
<interp inst="def1-20-19060723" type="age" value="25"/>
<interp inst="def1-20-19060723" type="surname" value="WOODARD"/>
<interp inst="def1-20-19060723" type="given" value="WILLIAM RICHARD"/>
<interp inst="def1-20-19060723" type="occupation" value="salter"/>
<hi rend="largeCaps">WOODARD</hi>, William Richard (25, salter)</persName>
<rs id="t19060723-20-offence-1" type="offenceDescription">
<interp inst="t19060723-20-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19060723-20-offence-1" type="offenceSubcategory" value="wounding"/>; feloniously throwing upon
<persName id="t19060723-name-91" type="victimName">
<interp inst="t19060723-name-91" type="gender" value="female"/>
<interp inst="t19060723-name-91" type="surname" value="WOODARD"/>
<interp inst="t19060723-name-91" type="given" value="MARY ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-20-offence-1 t19060723-name-91"/>Mary Ann Woodard</persName>, his wife, a corrosive fluid, sulphuric acid, with intent to burn, maim, and disfigure her, and to do her some grievous bodily harm</rs>. He
<rs id="t19060723-20-verdict-1" type="verdictDescription">
<interp inst="t19060723-20-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-20-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded Guilty, under great provocation</rs>."</p>
<p>Mr. Mahaffy, who prosecuted, said that prisoner was married a year ago, and lived fairly happily with his wife until she con
<lb/>tracted drinking habits. On June 18 she stayed out all night, and would give prisoner no explanation except that she had stayed the night at her sister's house. Prisoner, in the course of a quarrel, when his wife was jeering at him, threw some sul
<lb/>phuric acid over her; she was only slightly burned.</p>
<p>Mrs.
<hi rend="smallCaps">WOODARD</hi>, prisoner's wife, was sworn, and questioned by his lordship. Q. How came you to stay at your sister's all that night? A. I was not there at all. Q. Where were you? A. I refuse to answer. Q. Were you at some disreputable place? A. I refuse to answer. Q. With whom were you? A. I refuse to say. The woman said she was willing to go back to prisoner, and he said he would take her back. "and trouble no more about it." The injuries inflicted by the corrosive fluid appeared to be quite trivial.</p>
<p>Mr. Justice Darling
<rs id="t19060723-20-punishment-18" type="punishmentDescription">
<interp inst="t19060723-20-punishment-18" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19060723-20-punishment-18" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-20-19060723 t19060723-20-punishment-18"/>released prisoner on his own recog
<lb/>nisances in £20 to come up for judgment if called upon</rs>. His Lordship told the woman that he might have sent her to gaol for contempt of court. He only took this lenient view of the prisoner's offence and of her contempt in the hope that the pair might take a lesson from what had occurred and live together peaceably in the future.</p> </div1>
<div1 type="trialAccount" id="t19060723-21">
<interp inst="t19060723-21" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-21" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-21-charge-1" targOrder="Y" targets="def1-21-19060723 t19060723-21-offence-1 t19060723-21-verdict-1"/>
<p>
<persName id="def1-21-19060723" type="defendantName">
<interp inst="def1-21-19060723" type="gender" value="female"/>
<interp inst="def1-21-19060723" type="age" value="30"/>
<interp inst="def1-21-19060723" type="surname" value="PERRETT"/>
<interp inst="def1-21-19060723" type="given" value="RUTH AUGUSTA"/>
<interp inst="def1-21-19060723" type="occupation" value="CHARWOMAN"/>
<hi rend="smallCaps">PERRETT</hi>, Ruth Augusta (30, charwoman)</persName>;
<rs id="t19060723-21-offence-1" type="offenceDescription">
<interp inst="t19060723-21-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19060723-21-offence-1" type="offenceSubcategory" value="infanticide"/>indicted and charged on coroner's inquisition for the wilful murder of her newly-born male child</rs>.</p>
<p>Mr. Symmons prosecuted. Mr. T. Mathew (at the request of the Court) defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-93" type="witnessName">
<interp inst="t19060723-name-93" type="gender" value="female"/>
<interp inst="t19060723-name-93" type="surname" value="WOOD"/>
<interp inst="t19060723-name-93" type="given" value="ADA"/>ADA WOOD</persName> </hi>, West Street, Gravesend. I am a married sister of the prisoner. She has been married about 12 years and has three children; she lived with her husband till October last, when he left her, and she came and lived with her parents, two doors from my house. On May 28 she left West Street, telling me that she was going to the hospital, where she said she had been attending for three months, suffering from ulcerated stomach. I had no idea that she was pregnant. In the even
<lb/>ing I received a letter saying that she had to stop at the hos
<lb/>pital. She came back on June 13; she said that the ulcers had broken and she felt well enough to come home. She said nothing about a child having been born.</p>
<xptr type="pageFacsimile" doc="190607230023"/>
<p>Cross-examined. Prisoner's husband was very, very unkind to her and finally deserted her, taking the home away with him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-94" type="witnessName">
<interp inst="t19060723-name-94" type="gender" value="female"/>
<interp inst="t19060723-name-94" type="surname" value="BING"/>
<interp inst="t19060723-name-94" type="given" value="BEATRICE"/>BEATRICE J. BING</persName> </hi>. I let lodgings at 28, Storks Road, Ber
<lb/>mondsey. On May 28 prisoner came to me, giving the name of Mrs. Turner, and took a furnished room. She said her hus
<lb/>band was away at sea, that she was attending St. Bartholomew's Hospital for ulceration of the stomach, and wanted a room in London so as to be near the hospital. Noticing her appearance, I asked her if she was in a particular way. She said, "No, it was the ulcers." She stayed on till June 13. She had no visi
<lb/>tors. She said nothing about being in the family way. On June 11, at nine in the morning, she came downstairs for some hot water to make tea. I noticed nothing unusual in her ap
<lb/>pearance, but she seemed poorly. On the morning of the 13th she came down and asked me if she might burn a few rags in the copper, and I agreed. I do not know what she burned. She went out just before 11, saying she was going to the hos
<lb/>pital and would be back at two. I did not see her after that. That evening I got a letter signed "Mrs. Turner "; the envelope bore the postmark, "S. E., 3.30." I did not keep the letter; it enclosed the key of her room. Next day, on stripping her bed, I noticed some stains on the clothes; I also found a piece of macintosh and a dressing jacket.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-95" type="witnessName">
<interp inst="t19060723-name-95" type="gender" value="male"/>
<interp inst="t19060723-name-95" type="surname" value="HOLLANDS"/>
<interp inst="t19060723-name-95" type="given" value="WILLIAM"/>WILLIAM HOLLANDS</persName> </hi>, guard on the S. E. and C. R. On June 13 I was rear-guard on the 11.17 train from Charing Cross to Deptford. As I was shutting the doors at Lewisham Junction I noticed under a seat in a third-class compartment a brown paper parcel; the compartment was empty; the door had been left open.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-96" type="witnessName">
<interp inst="t19060723-name-96" type="gender" value="male"/>
<interp inst="t19060723-name-96" type="surname" value="PADBURY"/>
<interp inst="t19060723-name-96" type="given" value="WILLIAM"/>WILLIAM PADBURY</persName> </hi>, porter at Lewisham Junction. The parcel was handed by last witness to me. I took it to the waiting-room and undid it in the presence of a station inspector. We found it contained the dead body of a male child wrapped in a night
<lb/>gown, which was stained with blood. I handed over the parcel to the police.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-97" type="witnessName">
<interp inst="t19060723-name-97" type="gender" value="male"/>
<interp inst="t19060723-name-97" type="surname" value="BRIGHT"/>
<interp inst="t19060723-name-97" type="given" value="ALBERT"/>ALBERT BRIGHT</persName> </hi>. Last witness handed me the parcel. On the brown paper there was a paper with a lady's name and the address of 10, Wilmot Street, Gravesend.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-98" type="witnessName">
<interp inst="t19060723-name-98" type="gender" value="male"/>
<interp inst="t19060723-name-98" type="surname" value="DONELAN"/>
<interp inst="t19060723-name-98" type="given" value="ROBERT VINCENT"/>DR. ROBERT VINCENT DONELAN</persName> </hi>, 2, Lewisham Park. I was called to the Police Station about half-past two on June 13 and saw the dead child; it had then been dead, I should say, at least 48 hours. It was a fully-born child; there were no distinctive marks of violence. There was compression on one side of the face; this might have been due to the position in which the child was in the parcel; it might have been caused after death. I subsequently made a post-mortem examination. The child had undoubtedly had a separate existence for some short time. The cause of death was asphyxia.</p>
<xptr type="pageFacsimile" doc="190607230024"/>
<p>Cross-examined. The child might have been dead 48 or 56 hours. It is perfectly possible that the asphyxiation might have been caused by the child lying face downwards. Its existence may have been very brief indeed.</p>
<p>Dr.
<hi rend="smallCaps">JOHN HOBART DIXON</hi>, Lewisham Infirmary. Prisoner was brought to the infirmary on June 18, and I examined her (with her permission). She had been recently delivered of something; I cannot say of a child; this might have happened any time within 10 days before I saw her.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-99" type="witnessName">
<interp inst="t19060723-name-99" type="gender" value="male"/>
<interp inst="t19060723-name-99" type="surname" value="BADCOCK"/>
<interp inst="t19060723-name-99" type="given" value="EDWARD"/>EDWARD BADCOCK</persName> </hi>, Inspector P Division. On June 18 I went with Detective Thomson to 31, West Street, Gravesend, and saw prisoner. I said to her, "You know Mr. Thomson; I am a detective-inspector from London." She said, "Yes, sir, all right; I don't care who you are; I know what you have called about; people have been saying I have had a baby, but it's a lie; I have been in St. Bartholomew's Hospital for treatment for an ulcerated stomach, which I have suffered from for years; the ulcers broke last Monday, and as the doctors said I could come home I did so." I then cautioned her. I said, "I have found out that you were staying at Mrs. Bing's, 28, Storks Road, Bermondsey, from about May 28 till last Wednesday, June 13, and that you left that house about 11 o'clock in the morning. I am inquiring about the dead body of a newly
<lb/>born baby found in a train which passed through London Bridge Station a little while after you left Mrs. Bing's house." She said, "Yes, I did stay at Mrs. Bing's in Storks Road, but I called at St. Bartholomew's Hospital and got medicine on Monday, and I rested at Mrs. Bing's while I used it; I have not had a baby for a long time." I then showed her the dif
<lb/>ferent articles we had found, and asked whether they belonged to her. She said, "I bought a piece of Waterproof on London Bridge; the dressing-jacket I bought in London; the night
<lb/>dress I bought in Jamaica Road, Bermondsey. I left those things in Mrs. Bing's room." I said, "Have you any doubt that these things are the same?" She carefully examined them and said, "They are the same; I bought them all in London, because I did not take any things with me." I said, "I must tell you that the nightdress, the piece of chemise, the towelling, and the paper were wrapped round the dead baby when it was found—there is no doubt the baby was smothered, and I must arrest you for killing it; you will also be charged with concealment of birth." She was about to say something then, and I again cautioned her. She said, "Don't tell my poor old father; I am very sorry now; I have a bad, drunken husband; I left him last October, and since I have worked at home; my father and mother keep my two children. When I found I was going to have another baby I went up to London and took a room in the name of Turner until it was over. The baby was born last Monday. I did not let anyone know. My</p>
<xptr type="pageFacsimile" doc="190607230025"/>
<p>husband was the father. On Wednesday I left the house with it just before 11, and took train from London to New Cross. I got out, leaving the baby under the seat, and I walked back. I bought some tea, and went home, telling my people the ulcers in my stomach had burst. I am very sorry, but I could not burden my old people with another child, and so I had to do it." No child's clothing was found in prisoner's room at Mrs. Bing's.</p>
<p>Cross-examined. When prisoner made this last statement the was not in a state of emotion; she was quite self-possessed.</p>
<p>Prisoner's statement before magistrate: "I wish to call the missionary. When I came to I was on the floor, and so was the child; I never saw the child move or heard it cry."</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-100" type="witnessName">
<interp inst="t19060723-name-100" type="gender" value="female"/>
<interp inst="t19060723-name-100" type="surname" value="PERRETT"/>
<interp inst="t19060723-name-100" type="given" value="RUTH AUGUSTA"/>RUTH AUGUSTA PERRETT</persName> </hi> (prisoner, on oath). I did not leave my husband; he left me. For the last eight years I have suffered from an ulcerated stomach. I was treated for that at New Brompton, and afterwards at Bartholomew's Hospital at Chatham. The reason I left my mother's house was that I was not very comfortable at home; I felt ill, and wanted rest. I was then pregnant; I had no reason for not informing my family. I do not remember much about the birth of the child. I came over bad, and when I came to I was on the floor with the child. I got up and laid on the bed; how long I lay there I cannot say. I was frightened at finding the dead body of the child there. I do not remember the statements I made to the detective. I did not live happily with my husband; he was very violent to me at times; he has threatened me with a loaded revolver; two years ago he turned me out in the streets at eleven at night, in my nightdress, with my baby.</p>
<p>Cross-examined. My husband was the father of this child. He took away the home when he deserted me, and left me with nothing. My father and mother have been burdened with me and my children on and off since I was married; it is not correct that I had made up my mind that they should not be burdened with another child. I had made preparations for the confine
<lb/>ment; I had the clothes ready in a box at home; I did not take them with me when I went to Mrs. Bing's. I did not know the date when the child would be born. I did not tell my sister that I was pregnant, because I knew they would worry about it. I did not go to Mrs. Bing's so that the child might be born away from home; I went there to rest. I did tell Mrs. Bing that I was not in the family way; I did not want her to know. I was alone when the child was born; I do not remember having any preliminary pains; I was sitting down doing needlework, and the child was born. There were Mrs. Bing and another woman in the house; I did not call out for help. When I came</p>
<xptr type="pageFacsimile" doc="190607230026"/>
<p>to the child was dead; I turned it over; I did not pick it up. When I got home I told my sister nothing about the confine
<lb/>ment; I was frightened, and did not know what to do for the best. The baby's clothes I had in my box at home were clothes left from my other children. I was actually attending the hos
<lb/>pital for the ulcerated stomach right up to this time; the doctors were not examining me; I went for medicine.</p>
<p>Verdict,
<rs id="t19060723-21-verdict-1" type="verdictDescription">
<interp inst="t19060723-21-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-21-verdict-1" type="verdictSubcategory" value="lesserOffence"/>Not guilty of murder; Guilty of concealment of birth; a strong recommendation to mercy</rs>.
<rs id="t19060723-21-punishment-19" type="punishmentDescription">
<interp inst="t19060723-21-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-21-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-21-19060723 t19060723-21-punishment-19"/>Prisoner, who had been a month in prison, was sentenced to a further term of Three months' imprisonment.</rs> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>; Tuesday, July 24.</p>
<p>(Before Mr. Recorder.)</p>
<p>
<persName id="t19060723-name-101">
<interp inst="t19060723-name-101" type="gender" value="male"/>
<interp inst="t19060723-name-101" type="age" value="58"/>
<interp inst="t19060723-name-101" type="surname" value="LEHMANN"/>
<interp inst="t19060723-name-101" type="given" value="ERNST"/>
<interp inst="t19060723-name-101" type="occupation" value="journalist"/>
<hi rend="largeCaps">LEHMANN</hi>, Ernst (58, journalist)</persName>, pleaded guilty at May Sessions (see preceding volume, p. 462) to maliciously publish
<lb/>ing a certain false and defamatory libel of and concerning Caro
<lb/>line Edith Mayne. Surety not being in attendance, prisoner was remanded on July 26, he was released on his own recogni
<lb/>sances in £1,000 to come up for judgment if called upon.</p>
<div1 type="trialAccount" id="t19060723-22">
<interp inst="t19060723-22" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-22" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-22-charge-1" targOrder="Y" targets="def1-22-19060723 t19060723-22-offence-1 t19060723-22-verdict-1"/>
<p>
<persName id="def1-22-19060723" type="defendantName">
<interp inst="def1-22-19060723" type="gender" value="male"/>
<interp inst="def1-22-19060723" type="age" value="26"/>
<interp inst="def1-22-19060723" type="surname" value="KEEN"/>
<interp inst="def1-22-19060723" type="given" value="WILLIAM"/>
<interp inst="def1-22-19060723" type="occupation" value="agent"/>
<hi rend="largeCaps">KEEN</hi>. William (26, agent)</persName>,
<rs id="t19060723-22-verdict-1" type="verdictDescription">
<interp inst="t19060723-22-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-22-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-22-offence-1" type="offenceDescription">
<interp inst="t19060723-22-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19060723-22-offence-1" type="offenceSubcategory" value="fraud"/> to obtaining by false pretences from
<persName id="t19060723-name-103" type="victimName">
<interp inst="t19060723-name-103" type="gender" value="male"/>
<interp inst="t19060723-name-103" type="surname" value="SWAN"/>
<interp inst="t19060723-name-103" type="given" value="BENJAMIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-22-offence-1 t19060723-name-103"/>Benjamin Swan</persName> and others a motor car with intent to defraud; obtaining by false pretences from
<persName id="t19060723-name-104" type="victimName">
<interp inst="t19060723-name-104" type="gender" value="male"/>
<interp inst="t19060723-name-104" type="surname" value="COOK"/>
<interp inst="t19060723-name-104" type="given" value="CORRIE CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-22-offence-1 t19060723-name-104"/>Corrie Charles Cook</persName> and
<persName id="t19060723-name-105" type="victimName">
<interp inst="t19060723-name-105" type="gender" value="male"/>
<interp inst="t19060723-name-105" type="surname" value="KEELE"/>
<interp inst="t19060723-name-105" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-22-offence-1 t19060723-name-105"/>Joseph Keele</persName> and others a motor car, with intent to defraud</rs>. He confessed to a conviction of felony at Stafford on October 18, 1904, in the name of
<persName id="t19060723-name-106">
<interp inst="t19060723-name-106" type="gender" value="male"/>
<interp inst="t19060723-name-106" type="surname" value="WATSON"/>
<interp inst="t19060723-name-106" type="given" value="FREDERICK"/>Frederick Watson</persName>, receiving 12 months' hard labour, after the following convic
<lb/>tions: July 6, 1901, stealing pigeons, five years in a reforma
<lb/>tory; and convictions for stealing, one month, three months, and six months. Prisoner was stated to have been in various situations fox 18 months, two years, and three years, to have had an excellent character, and to have been employed by Mr. Nuttall, riding school proprietor, as chauffeur, where he tho
<lb/>roughly understood his business and was only discharged be
<lb/>cause his license as a driver was refused on account of his pre
<lb/>vious convictions, from the last of which he was discharged in August, 1905.</p>
<p>Sentence.
<rs id="t19060723-22-punishment-20" type="punishmentDescription">
<interp inst="t19060723-22-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-22-punishment-20" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-22-19060723 t19060723-22-punishment-20"/>Twelve months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-23">
<interp inst="t19060723-23" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-23" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-23-charge-1" targOrder="Y" targets="def1-23-19060723 t19060723-23-offence-1 t19060723-23-verdict-1"/>
<p>
<persName id="def1-23-19060723" type="defendantName">
<interp inst="def1-23-19060723" type="gender" value="male"/>
<interp inst="def1-23-19060723" type="age" value="48"/>
<interp inst="def1-23-19060723" type="surname" value="PRICE"/>
<interp inst="def1-23-19060723" type="given" value="JOHN"/>
<interp inst="def1-23-19060723" type="occupation" value="labourer"/>
<hi rend="largeCaps">PRICE</hi>, John (48, labourer)</persName>
<rs id="t19060723-23-verdict-1" type="verdictDescription">
<interp inst="t19060723-23-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-23-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-23-offence-1" type="offenceDescription">
<interp inst="t19060723-23-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19060723-23-offence-1" type="offenceSubcategory" value="wounding"/>, to unlawfully wounding his wife,
<persName id="t19060723-name-108" type="victimName">
<interp inst="t19060723-name-108" type="gender" value="female"/>
<interp inst="t19060723-name-108" type="surname" value="PRICE"/>
<interp inst="t19060723-name-108" type="given" value="MARY ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-23-offence-1 t19060723-name-108"/>Mary Ann Price</persName> </rs>. Prisoner was stated to be a waterside labourer, a hard-working man, but very much ad
<lb/>dicted to drink. He was charged in February, 1904, with assaulting his wife and bound over. He was said to have</p>
<xptr type="pageFacsimile" doc="190607230027"/>
<p>suffered an injury to his head and to be uncontrollable when in drink. Prisoner stated that his wife had repeatedly assaulted him. The Recorder advised prisoner to take the pledge and keep it. Sentence,
<rs id="t19060723-23-punishment-21" type="punishmentDescription">
<interp inst="t19060723-23-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-23-punishment-21" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-23-19060723 t19060723-23-punishment-21"/>Twelve months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-24">
<interp inst="t19060723-24" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-24" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-24-charge-1" targOrder="Y" targets="def1-24-19060723 t19060723-24-offence-1 t19060723-24-verdict-1"/>
<p>
<persName id="def1-24-19060723" type="defendantName">
<interp inst="def1-24-19060723" type="gender" value="male"/>
<interp inst="def1-24-19060723" type="age" value="33"/>
<interp inst="def1-24-19060723" type="surname" value="COVERDALE"/>
<interp inst="def1-24-19060723" type="given" value="MILES"/>
<interp inst="def1-24-19060723" type="occupation" value="clerk"/>
<hi rend="largeCaps">COVERDALE</hi>, Miles (33, clerk)</persName>
<rs id="t19060723-24-offence-1" type="offenceDescription">
<interp inst="t19060723-24-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-24-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing the sum of £2 11s. of the moneys of
<persName id="t19060723-name-110" type="victimName">
<interp inst="t19060723-name-110" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-24-offence-1 t19060723-name-110"/>Lockhart's, Limited</persName>.</rs> </p>
<p>Mr. Moran prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-111" type="witnessName">
<interp inst="t19060723-name-111" type="gender" value="male"/>
<interp inst="t19060723-name-111" type="surname" value="YOUNG"/>
<interp inst="t19060723-name-111" type="given" value="ARTHUR"/>ARTHUR YOUNG</persName> </hi>, assistant at Lockhart's, Limited, 115, Queen Victoria Street. On February 14 I got to Queen Victoria Street at four a. m. We opened at six. Prisoner came dressed in a silk hat, white muffler and fawn-coloured coat, and carrying a hand-bag. He walked round the counter and checked the till. Afterwards he produced a card with "Lockhart's, Limited," on it. He asked about the business, and made a general inspec
<lb/>tion of the upstairs premises. He then asked to see the money-sheet, and I told him it was down below. He said he would make a general inspection of the premises, and went downstairs. I then heard the sound of money. He passed several remarks about the downstairs premises, about brewing the tea, etc. There was £2 13s. in the office downstairs, which was locked. At five minutes to six I had made the money up, entered it in the book, and locked the office door, putting the money on the side of the desk. Prisoner came upstairs, and after some conversa
<lb/>tion left. I then went downstairs, and found only 2s. in copper in the office. The door was locked, and I opened it with my key. On July 3, between nine and ten, I saw the prisoner in Fore Street. Detective Harris was with me. Prisoner went into Lockhart's premises at 18, Fore-Street, and he was arrested in the office of the company. That office is where they engage the employees.</p>
<p>Cross-examined. The money was all in copper, except 2s. in silver, the copper done up in 5s. packets. Prisoner jumped up immediately I came into the office in Fore Street, and tried to get to the door. The coat he wore was a light coat; it may have been another shade than fawn coloured.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-112" type="witnessName">
<interp inst="t19060723-name-112" type="gender" value="male"/>
<interp inst="t19060723-name-112" type="surname" value="HARRIS"/>
<interp inst="t19060723-name-112" type="given" value="WILLIAM"/>WILLIAM HARRIS</persName> </hi>, Detective, City Police. Between nine and ten on July 3 I was in Fore Street, Finsbury, in company with Young. He pointed out the prisoner. I had been looking for prisoner since February 14. Young said, "That is the man who stole the £2 11s." We followed prisoner to 18, Fore Street, where he went up the stairs into the general office of the com
<lb/>pany. I said to prisoner, "Your name is Coverdale." He said, "Yes." I said, "You will be taken to Bridewell Police Sta
<lb/>tion on a charge of stealing £2 11s. from a till in the basement of 115, Queen Victoria Street." He said, "Oh, that is all right." He was dressed in a frock coat and a straw hat. He gave his name and address as Miles Coverdale, 65, Steel Road, Totten
<lb/>ham. I find he has lived there from the early part of the year.</p>
<xptr type="pageFacsimile" doc="190607230028"/>
<p>Cross-examined. Prisoner occupies a small room in his mother's house. She is a dressmaker. I looked through some papers in prisoner's room to see if I could find a card of Lock
<lb/>hart's but found nothing.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-113" type="witnessName">
<interp inst="t19060723-name-113" type="gender" value="female"/>
<interp inst="t19060723-name-113" type="surname" value="COVERDALE"/>
<interp inst="t19060723-name-113" type="given" value="CHARLOTTE"/>CHARLOTTE COVERDALE</persName> </hi>, 65, Steel Road, Bruce Grove, Totten
<lb/>ham. I am the mother of prisoner. He is a teacher of music and pianoforte tuner, and lives with me. He is married, but separated from his wife. Since January 5, 1906, he has resided permanently with me. He usually wears a felt hat or a cap. He has no silk hat at all. He never had a long fawn coloured overcoat I have never seen him wear a white muffler. He sometimes has worn a white handkerchief round his neck. Christ
<lb/>mas was the last time I saw him wearing it. On Monday, Feb
<lb/>ruary 12, he went away to Cambridge, and returned, I think, on the Friday. I received a postcard from him on Wednesday, February 14, which I have destroyed. He had a small brown or dark bag for carrying his tuning things. The bag had a flat bottom and two fastening catches on the top. It was quite a little thing, just large enough to hold the tuning key, wires, etc., for tuning. In winter prisoner wears a black overcoat with a fine white thread or spot, a sort of Chesterfield.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-114" type="witnessName">
<interp inst="t19060723-name-114" type="gender" value="male"/>
<interp inst="t19060723-name-114" type="surname" value="YOUNG"/>
<interp inst="t19060723-name-114" type="given" value="ARTHUR"/>ARTHUR YOUNG</persName> </hi>, recalled. Prisoner had a very small and very old brown bag with him in Queen Victoria Street. As far as I could say it had no catches to it. He put it over the counter to me before he went downstairs.</p>
<p>Cross-examined. Prisoner was wearing dark gloves.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-115" type="witnessName">
<interp inst="t19060723-name-115" type="gender" value="male"/>
<interp inst="t19060723-name-115" type="surname" value="COVERDALE"/>
<interp inst="t19060723-name-115" type="given" value="MILES"/>MILES COVERDALE</persName> </hi> (prisoner, not on oath). On Monday, Feb
<lb/>ruary 12, at half past five a. m., being very fond of walking I started to walk down to Cambridge via Hitchin. Passing along Silver Street I got into Hitchin. On Tuesday I went by rail from Hitchin to Cambridge, remained there the rest of the week, and left on the Saturday, walked to Hitchin, stopped in Hitchin all day Sunday, and got home on Monday morning at 6.30. I went to Cambridge to see a friend of mine to see if he could get me some employment. My friend is not here; he has moved from there. I do not know where he has gone to. On June 30 I called at Lockhart's, 18, Fore Street, Finsbury, and saw Mr. Hughes, the staff clerk. He told me then to come up again on Tuesday morning at half past nine, when there would be a vacancy. I arrived there at that hour and was given in charge for stealing this £2 11s. on February 14, which I knew nothing about.</p>
<p>Detective
<hi rend="smallCaps">HARRIS</hi>. recalled. I had been keeping observation upon Steel Road, prisoner's mothers address. He had not been at home. He does not live there. I never saw him before I</p>
<xptr type="pageFacsimile" doc="190607230029"/>
<p>arrested him; otherwise I should have arrested him before. He was some distance off when Young pointed him out.</p>
<p>Verdict,
<rs id="t19060723-24-verdict-1" type="verdictDescription">
<interp inst="t19060723-24-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19060723-24-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-25">
<interp inst="t19060723-25" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-25" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-25-charge-1" targOrder="Y" targets="def1-25-19060723 t19060723-25-offence-1 t19060723-25-verdict-1"/>
<join result="criminalCharge" id="t19060723-25-charge-2" targOrder="Y" targets="def2-25-19060723 t19060723-25-offence-1 t19060723-25-verdict-1"/>
<p>
<persName id="def1-25-19060723" type="defendantName">
<interp inst="def1-25-19060723" type="gender" value="male"/>
<interp inst="def1-25-19060723" type="age" value="24"/>
<interp inst="def1-25-19060723" type="surname" value="HUMPHREYS"/>
<interp inst="def1-25-19060723" type="given" value="WILLIAM"/>
<interp inst="def1-25-19060723" type="occupation" value="labourer"/>
<hi rend="largeCaps">HUMPHREYS</hi>, William (24, labourer)</persName>, and
<persName id="def2-25-19060723" type="defendantName">
<interp inst="def2-25-19060723" type="gender" value="female"/>
<interp inst="def2-25-19060723" type="surname" value="HARRIS"/>
<interp inst="def2-25-19060723" type="given" value="EMMA"/>
<hi rend="largeCaps">HARRIS</hi>, Emma</persName>
<rs id="t19060723-25-verdict-1" type="verdictDescription">
<interp inst="t19060723-25-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-25-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-25-offence-1" type="offenceDescription">
<interp inst="t19060723-25-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19060723-25-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering a certain agree
<lb/>ment for the purchase of goods, with intent to defraud; ob
<lb/>taining by false pretences from one
<persName id="t19060723-name-118" type="victimName">
<interp inst="t19060723-name-118" type="gender" value="male"/>
<interp inst="t19060723-name-118" type="surname" value="COOPER"/>
<interp inst="t19060723-name-118" type="given" value="SIDNEY CHARLES HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-25-offence-1 t19060723-name-118"/>Sidney Charles Henry Cooper</persName> and
<persName id="t19060723-name-119" type="victimName">
<interp inst="t19060723-name-119" type="gender" value="male"/>
<interp inst="t19060723-name-119" type="surname" value="FRASER"/>
<interp inst="t19060723-name-119" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-25-offence-1 t19060723-name-119"/>George Fraser</persName> and Company, Limited, a pair of sheets and other articles, with intent to defraud</rs>. Sentence, Humphreys,
<rs id="t19060723-25-punishment-22" type="punishmentDescription">
<interp inst="t19060723-25-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-25-punishment-22" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-25-19060723 t19060723-25-punishment-22"/>Six months' hard labour</rs>; Harris,
<rs id="t19060723-25-punishment-23" type="punishmentDescription">
<interp inst="t19060723-25-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-25-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-25-19060723 t19060723-25-punishment-23"/>Two days' im
<lb/>prisonment</rs>.</p> </div1>
<p>
<hi rend="largeCaps">THIRD COURT</hi>; Tuesday, July 24.</p>
<p>(Before the Common Serjeant.)</p>
<div1 type="trialAccount" id="t19060723-26">
<interp inst="t19060723-26" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-26" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-26-charge-1" targOrder="Y" targets="def1-26-19060723 t19060723-26-offence-1 t19060723-26-verdict-1"/>
<p>
<persName id="def1-26-19060723" type="defendantName">
<interp inst="def1-26-19060723" type="gender" value="male"/>
<interp inst="def1-26-19060723" type="surname" value="JACKSON"/>
<interp inst="def1-26-19060723" type="given" value="THOMAS JOSEPH"/>
<hi rend="largeCaps">JACKSON</hi>, Thomas Joseph</persName>
<rs id="t19060723-26-offence-1" type="offenceDescription">
<interp inst="t19060723-26-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19060723-26-offence-1" type="offenceSubcategory" value="pervertingJustice"/>; feloniously, and without lawful authority, acknowledging a certain recognisance of bail in the name of
<persName id="t19060723-name-121">
<interp inst="t19060723-name-121" type="gender" value="male"/>
<interp inst="t19060723-name-121" type="surname" value="FREEMAN"/>
<interp inst="t19060723-name-121" type="given" value="THOMAS"/>Thomas Freeman</persName> for the purpose of procuring the re
<lb/>lease of
<persName id="t19060723-name-122">
<interp inst="t19060723-name-122" type="gender" value="female"/>
<interp inst="t19060723-name-122" type="surname" value="JACKSON"/>
<interp inst="t19060723-name-122" type="given" value="ANNIE"/>Annie Jackson</persName>, a person in lawful custody.</rs> </p>
<p>Mr. Giles prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-123" type="witnessName">
<interp inst="t19060723-name-123" type="gender" value="male"/>
<interp inst="t19060723-name-123" type="surname" value="MATTHEWS"/>
<interp inst="t19060723-name-123" type="given" value="ALFRED"/>ALFRED MATTHEWS</persName> </hi>, Police-Sergeant, L Division. I was on duty at Carter Street Police Station, Walworth, on May 31 of last year. That was Derby Day. It was part of my duty to record recognisances. There was at the station a prisoner named Annie Jackson on a charge of being drunk and disorderly and assaulting the police, for whose release on bail in the sum of £5 an order had been made. Prisoner presented himself as surety for Annie Jackson and gave the name of Thomas Free
<lb/>man, of 59, Little Surrey Street, Blackfriars, and, by way of showing that he was a responsible person, produced a rent book in that name. I accepted prisoner as bail on that representa
<lb/>tion and he signed the bail book and the woman Jackson was released. At the date fixed for the hearing she did not appear and I made inquiries with regard to the surety. I went to 59, Little Surrey Street, where I saw Thomas Freeman, whom I found not to be prisoner. A warrant was issued and I arrested him outside Lambeth Police Court about a fortnight ago. I read the warrant to prisoner, who in reply said, "I admit signing it. Freeman told me I might go and use his name as he was too unwell to attend and gave me the rent book."</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-124" type="witnessName">
<interp inst="t19060723-name-124" type="gender" value="male"/>
<interp inst="t19060723-name-124" type="surname" value="FREEMAN"/>
<interp inst="t19060723-name-124" type="given" value="THOMAS"/>THOMAS FREEMAN</persName> </hi>, labourer, 59, Little Surrey Street, Black
<lb/>friars Road. Prisoner and his wife lodged with me for two or three months and left on Derby Day of last year. On that day prisoner asked me, "Would you go and bail my wife out?" I told him I felt too queer, but I would ask my son to go and</p>
<xptr type="pageFacsimile" doc="190607230030"/>
<p>stand bail in my place and I gave my son the rent book. Pri
<lb/>soner and my son then went away together.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-125" type="witnessName">
<interp inst="t19060723-name-125" type="gender" value="male"/>
<interp inst="t19060723-name-125" type="surname" value="FREEMAN"/>
<interp inst="t19060723-name-125" type="given" value="THOMAS"/>THOMAS FREEMAN</persName> </hi>, Jun. I went with prisoner at my father's request and at Manor Place, Walworth, prisoner said to me, "Give me the rent book. I will do it myself." He then went into the Carter Street Police Station and returned accompanied by his wife. When they came out they started fighting and I saw no more of them till the Elephant and Castle, where they started the same game again, rowing, and I saw no more of them. When I next saw prisoner he was in custody.</p>
<p>To Prisoner. I did not say I would give you the rent book if you would give me half a sovereign to clear out of it.</p>
<p>
<hi rend="smallCaps">PRISONER</hi> (not on oath) gave a similar version of the occur
<lb/>rence and said he was in good work with Thomas Tilling and Sons and his home had been broken up over this affair. Free
<lb/>man gave him full permission to sign his name, but had he known the consequences he should not have done it.</p>
<p>The jury found prisoner
<rs id="t19060723-26-verdict-1" type="verdictDescription">
<interp inst="t19060723-26-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-26-verdict-1" type="verdictSubcategory" value="withRecommendation"/>guilty, but without intention to com
<lb/>mit a criminal offence, and strongly recommended him to mercy, considering that he had acted in ignorance, and that his igno
<lb/>rance was rather furthered by Freeman giving him the book</rs>.</p>
<p>The Common Serjeant observed that prisoner had done a very stupid thing;
<rs id="t19060723-26-punishment-24" type="punishmentDescription">
<interp inst="t19060723-26-punishment-24" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19060723-26-punishment-24" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-26-19060723 t19060723-26-punishment-24"/>he was bound over in his own recognisances to come up for judgment if called upon</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-27">
<interp inst="t19060723-27" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-27" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-27-charge-1" targOrder="Y" targets="def1-27-19060723 t19060723-27-offence-1 t19060723-27-verdict-1"/>
<p>
<persName id="def1-27-19060723" type="defendantName">
<interp inst="def1-27-19060723" type="gender" value="male"/>
<interp inst="def1-27-19060723" type="surname" value="THURSTING"/>
<interp inst="def1-27-19060723" type="given" value="CHARLES HORACE"/>
<interp inst="def1-27-19060723" type="occupation" value="clerk"/>
<hi rend="largeCaps">THURSTING</hi>, Charles Horace</persName>
<rs id="t19060723-27-verdict-1" type="verdictDescription">
<interp inst="t19060723-27-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-27-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-27-offence-1" type="offenceDescription">
<interp inst="t19060723-27-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19060723-27-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering an order for payment of £7 18s. 3d., with intent to defraud.</rs> </p>
<p>Prisoner was a clerk in a firm of oil and colour merchants. It was his duty to open letters, and he forged the signature to the order, which was cashed at the Essex Road Post Office. Ac
<lb/>cording to the statement of Police-sergeant Williams, his parents are respectable people, and his downfall was attributed to his squandering money with prostitutes at the West End. Hitherto he had borne a good character. Sentence,
<rs id="t19060723-27-punishment-25" type="punishmentDescription">
<interp inst="t19060723-27-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-27-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-27-19060723 t19060723-27-punishment-25"/>Six calendar months</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-28">
<interp inst="t19060723-28" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-28" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-28-charge-1" targOrder="Y" targets="def1-28-19060723 t19060723-28-offence-1 t19060723-28-verdict-1"/>
<p>
<persName id="def1-28-19060723" type="defendantName">
<interp inst="def1-28-19060723" type="gender" value="male"/>
<interp inst="def1-28-19060723" type="age" value="24"/>
<interp inst="def1-28-19060723" type="surname" value="EMMS"/>
<interp inst="def1-28-19060723" type="given" value="EDWARD"/>
<interp inst="def1-28-19060723" type="occupation" value="bricklayer"/>
<hi rend="largeCaps">EMMS</hi>, Edward (24, bricklayer)</persName>
<rs id="t19060723-28-offence-1" type="offenceDescription">
<interp inst="t19060723-28-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19060723-28-offence-1" type="offenceSubcategory" value="wounding"/>, feloniously wounding
<persName id="t19060723-name-128" type="victimName">
<interp inst="t19060723-name-128" type="gender" value="male"/>
<interp inst="t19060723-name-128" type="surname" value="MARKS"/>
<interp inst="t19060723-name-128" type="given" value="JOHN"/>
<interp inst="t19060723-name-128" type="occupation" value="slater"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-28-offence-1 t19060723-name-128"/>John Marks</persName>, with intent to do him some grievous bodily harm.</rs> </p>
<p>Mr. Sydney Davey prosecuted; Mr. Daniel Warde defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-129" type="witnessName">
<interp inst="t19060723-name-129" type="gender" value="male"/>
<interp inst="t19060723-name-129" type="surname" value="MARKS"/>
<interp inst="t19060723-name-129" type="given" value="JOHN"/>JOHN MARKS</persName> </hi>, slater, 7, Providence Place, Finsbury. On Wednesday, June 13, some time after midnight, I came out of the King's Arms, Sclater Street, in company with another man, William Doulton. I saw the prisoner, who was in company with about six more. After standing talking to my friend for a few minutes I bade them all good night. When I had got about six yards prisoner came behind me and hit me in the face with a broken glass, afterwards throwing the glass on the ground. I turned round directly holding my jaw, and saw prisoner. No one else was near. I think it was a public-house glass. I have</p>
<xptr type="pageFacsimile" doc="190607230031"/>
<p>no doubt the man I saw was the prisoner. I said to him, "You cur." One of the others threw a glass at me. I saw it coming, and I put up my hand, and it cut my hand and my forehead. I fell to the ground, and when I came to myself at the police station I found my face had been sewn up and bandaged. I was so weak I could not stand. My mind was quite clear at the time, and I was quite sober. I have known prisoner four or five months.</p>
<p>Cross-examined by Mr. Warde. I swear I did not stab pri
<lb/>soner in the face some months ago. I went into the King's Arms about half past eleven that night and went into the saloon bar. I do not know whether prisoner was in the other bar. I did not see him at all. A man named Quinlan or Sin
<lb/>clair was in the saloon bar. I did not demand money of him or of any man who was in that bar. A man in the saloon bar did not refuse to give me money; I never asked for it. I treated them all round bar one man (Quinlan). I did not knock Quin
<lb/>lan down in the bar. I pushed him on one side, and he fell down. Because I did not treat him he had a row with me. I could not say whether I gave him two black eyes. I have not heard that he was laid up for three days in consequence of the violence of my attack upon him. He was in Court at the first hearing; that was the next day. I did not call across the bar to prisoner, "Hulloa, Teddy, how are you going on? Are you going to pay for something? Will you lend me 2s.?" I did not say that if he did I would stand drinks. I did not see pri
<lb/>soner there. The first time I saw him that night was outside. The house is shut at half past twelve, and they call "Time" at about five minutes to the half hour. I did not go up to pri
<lb/>soner when I came out and say, "Are not you going to give it to me?" I never spoke to him. I did not say, "You deserve to get the same as you had before." I did not thereupon pull out a pocket-knife and run at him. He did not run away and I after him. He did not then stoop down and pick up this piece of broken glass with which he assaulted me. That story is a pure invention. I have been convicted several times, and readily admit that. How many times? I should say about six, most of them for personal violence, but never for using a weapon. Fifteen years ago I had seven years and twenty cuts with the "cat" for highway robbery with violence. Since then I have had four years. That was a fight really. The man got the worst of it, and naturally it hurt his feelings, and he prose
<lb/>cuted me. I have also been sentenced to twenty months for assault.</p>
<p>Re-examined. Before prisoner struck me I had seen him at the door of the public-house, but I did not see him when he struck me from behind. I did not see the glass with which I was struck. Since this case had been proceeding I have met</p>
<xptr type="pageFacsimile" doc="190607230032"/>
<p>prisoner in company with two men named Harding and cal
<lb/>ligan, after eleven o'clock at night, and have been obliged to run into the station for protection. They have been throwing glasses at me again since this case has been on.</p>
<p>Prisoner. I deny that.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-130" type="witnessName">
<interp inst="t19060723-name-130" type="gender" value="male"/>
<interp inst="t19060723-name-130" type="surname" value="CLARKE"/>
<interp inst="t19060723-name-130" type="given" value="PERCY JOHN"/>PERCY JOHN CLARKE</persName> </hi>, Divisional Surgeon, H Division. On June 13 last I saw John Marks at the Commercial Street Police Station. He was suffering from an incised wound across his left cheek which required eight stitches to bring it together. The cheek was hanging down. He also had an incised wound on the little finger of his right hand and on his forehead, but neither of them was severe. At the back of the head there was a con
<lb/>tused wound, such as would be caused by a fall or a blow. The wound on the cheek might have been caused by a blow from broken glass, but it could not have been caused by a glass which was thrown. It would not have sufficient strength behind it in that case. The injury to the finger might have been caused by putting up the hand to protect the face. He was in a faint
<lb/>ing condition through severe loss of blood and seemed to be sober.</p>
<p>Cross-examined. He did not say he had had a fight with another man. He did not say very much; he was rather be
<lb/>yond that. As to the wound on the face, I do not think any
<lb/>body could throw a glass sufficiently hard to cause such a severe wound. It was a very deep wound, almost into the mouth, right down to the bone of the face, in a slanting direc
<lb/>tion. It must have been broken glass to cause such a wound.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-131" type="witnessName">
<interp inst="t19060723-name-131" type="gender" value="male"/>
<interp inst="t19060723-name-131" type="surname" value="PUTT"/>
<interp inst="t19060723-name-131" type="given" value="ALFRED"/>ALFRED PUTT</persName> </hi>, Police-constable, 413 H. On June 13 I found prisoner in a public-house and took him into custody. I told him I wanted him for the affair last night with Marks. He said, "All right, I will go. I have heard something about it. He is the man who helped to ruin my eye ten weeks ago." Prisoner has a scar under his eye now. At the station he made no reply.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-132" type="witnessName">
<interp inst="t19060723-name-132" type="gender" value="male"/>
<interp inst="t19060723-name-132" type="surname" value="QUINLAN"/>
<interp inst="t19060723-name-132" type="given" value="JAMES"/>JAMES QUINLAN</persName> </hi>, 8, Kerbela Street. I am a general dealer and buy boots and bottles, to collect which I go round with a barrow. On the night of June 13 I was in the King's Arms and after some time prosecutor came in. He asked me for 2s., and I said I had no money at all. He then struck me a violent and knocked me down. I did not hit him in self-defence. I did not do anything. He was a big fellow and I was not very well at the time. He hit me three or four times with his fists and knocked me down and when he got me down he jumped on me. He gave me two black eyes, and I was in bed two days from the effects of his violence. I did not see prisoner at all. I was still there when Marks left the house, and I stayed behind after closing lime for protection.</p>
<xptr type="pageFacsimile" doc="190607230033"/>
<p>Cross-examined. I should think it must have been quarter to one before I left. I was afraid to go out. I had not had more than one glass to drink. Marks had three or four glasses. I think the other men treated him. I cannot give the slightest reason why Marks should knock me down. I did not go to the police court at the first hearing. I was not able to get up for two days.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-133" type="witnessName">
<interp inst="t19060723-name-133" type="gender" value="female"/>
<interp inst="t19060723-name-133" type="surname" value="BUNBURY"/>
<interp inst="t19060723-name-133" type="given" value="FLORENCE"/>FLORENCE BUNBURY</persName> </hi>, barmaid at the King's Arms, Sclater Street, Shoreditch. On the night of June 13 I was serving in the bar. I saw Quinlan in the saloon bar reading the paper about quarter-past twelve. Prisoner was in the public bar. There is a partition between the two bars. Marks was also there along with one or two more. Of course, I was going on with my business, and I heard a terrible row in the corner, and, turning round. I saw Marks hitting the last witness, punching him, and Quinlan had two shocking black eyes, and when he was on the ground Marks kicked him. Marks then went over to the public bar and called to prisoner for 2s. Prisoner turned round and said he had not got it After that prisoner went out
<lb/>side and they all followed, but what took place outside, of course, I do not know.</p>
<p>Cross-examined. Quinlan had left just before. I did not see him come back. It was just after closing time that I went up to bed. I was asked to come here to give evidence by my governor, Mr. Smith. I have only seen prisoner in the King's Arms once or twice since that night. I have not spoken to him or to any of the other witnesses about this matter.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-134" type="witnessName">
<interp inst="t19060723-name-134" type="gender" value="male"/>
<interp inst="t19060723-name-134" type="surname" value="TRESELDON"/>
<interp inst="t19060723-name-134" type="given" value="ARTHUR"/>ARTHUR TRESELDON</persName> </hi> (otherwise Harding), 10, Gibraltar Build
<lb/>ings, Bethnal Green. Harding is my nickname. On the night of June 13 I was in the King's Arms in the public bar. Pri
<lb/>soner was there. I came away with Marks at half-past twelve, when the houses close. I saw Marks go up to prisoner and say something to him and suddenly I saw a knife in his hand. What he said I did not hear, but he put his hand in his right
<lb/>hand jacket pocket and pulled out a small penknife. I saw prisoner trying to run away. He looked in the gutter and picked up something, aimed it at Marks, and ran away. I saw Marks stagger, but he did not fall. He said, "You should have come up and hit me. You should not have done it like that." I picked Marks's cap up and gave it to him.</p>
<p>Cross-examined. I should think prisoner was six or eight yards from Marks when he threw the glass. When I got up to Marks I saw blood running down his face. There were 20 or 30 people round. I did not see anybody else throw glass at Marks. There was a scuffle and Marks might have got the bruise on the back of his head in the scuffle. I have been convicted twice of felony, once stealing from a van and stealing a watch.</p>
<xptr type="pageFacsimile" doc="190607230034"/>
<p>I received a sentence of 20 months nearly four years ago. I had twelve months for stealing from the van. I was with pri
<lb/>soner the first part of the evening, but when I saw Marks pull out a knife I ran to take it away from him and afterwards gave it to him back. I asked him if he was going to give it them or not. He said, "No, not unless they interfere with me."</p>
<p>Re-examined. Since I came out of prison about three years ago I have been working at my trade as a cabinet-maker.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-135" type="witnessName">
<interp inst="t19060723-name-135" type="gender" value="male"/>
<interp inst="t19060723-name-135" type="surname" value="EMMS"/>
<interp inst="t19060723-name-135" type="given" value="EDWARD"/>EDWARD EMMS</persName> </hi> (prisoner, on oath). I live at No. 1, Gibraltar Gardens. Bethnal Green and am a newsvendor. I knew Marks before he had the sentence of four years' penal servitude. Some months ago there was a quarrel and a fight between us. It was in the same public-house, and I was intoxicated. We went out
<lb/>side and fought, and Marks's friends stopped us about eight times. I have the mark of a wound on my face. The doctor at the hospital said it was a stab. I do not know how I came by it. On the night of June 13 I was in the public-house when Marks came in. I heard a fight going on, and looking through the partition I saw Sinclair (Quinlan) on the floor with two black eyes and Marks jumping on him. That is all I saw of that affair. After that Marks asked me to treat him. He called me by name, and said, "Are you going to pay for anything?" I only laughed. He said, "Lend me 2s., and I will treat you all round out of it." I went like that (indicating) as much as to say I had not got it. It was just closing time then, and I went out. Outside Marks called me away from Harding, and asked me for 2s. He said be wanted it to take him somewhere. I refused. He then said, "You deserve the same as you had before," and he fetched out a pen-knife from his pocket, already opened, I believe it was; I never see him open it. I said, "Don't do that, Jack; don't do that." I ran round him like to keep away from him so that he could not get hold of me. While I was running round him I was looking for something to defend myself with, and came across this broken glass. I do not know whether it was a bottle or a glass. Marks was still following me with a knife, and I aimed the bottle or glass at him. Then I walked away. I was frightened of my life. Marks and his friends will stab or shoot anybody; they do not care what they do. I have served terms of imprisonment.</p>
<p>Cross-examined. I was last sent to prison in April, 1905, for twelve months under the Prevention of Crimes Act. I have been in prison a number of times besides that for stealing watches and purses. My defence to this charge is that I did this in self-defence. I came out last March. In April, 1903, I was committed for 18 months at the North London Sessions for larceny. I did not cross-examine Marks at the police court about having a knife. I have known Treseldon about six years. I did not say anything about the knife when I was taken into</p>
<xptr type="pageFacsimile" doc="190607230035"/>
<p>custody. I was four or five yards away from Marks when I threw the glass. I saw it hit him. He did not fall down. I cannot account for the wound on the back of his head.</p>
<p>Verdict,
<rs id="t19060723-28-verdict-1" type="verdictDescription">
<interp inst="t19060723-28-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19060723-28-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-29">
<interp inst="t19060723-29" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-29" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-29-charge-1" targOrder="Y" targets="def1-29-19060723 t19060723-29-offence-1 t19060723-29-verdict-1"/>
<p>
<persName id="def1-29-19060723" type="defendantName">
<interp inst="def1-29-19060723" type="gender" value="male"/>
<interp inst="def1-29-19060723" type="age" value="31"/>
<interp inst="def1-29-19060723" type="surname" value="BROWN"/>
<interp inst="def1-29-19060723" type="given" value="WILLIAM"/>
<interp inst="def1-29-19060723" type="occupation" value="labourer"/>
<hi rend="largeCaps">BROWN</hi>, William (31, labourer)</persName>
<rs id="t19060723-29-verdict-1" type="verdictDescription">
<interp inst="t19060723-29-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-29-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-29-offence-1" type="offenceDescription">
<interp inst="t19060723-29-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19060723-29-offence-1" type="offenceSubcategory" value="sodomy"/>, to commit
<lb/>ting an act of gross indecency with
<persName id="t19060723-name-137" type="victimName">
<interp inst="t19060723-name-137" type="gender" value="male"/>
<interp inst="t19060723-name-137" type="surname" value="ARROWSMITH"/>
<interp inst="t19060723-name-137" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-29-offence-1 t19060723-name-137"/>Frederick Arrowsmith</persName>, a male person</rs>. Sentence,
<rs id="t19060723-29-punishment-26" type="punishmentDescription">
<interp inst="t19060723-29-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-29-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-29-19060723 t19060723-29-punishment-26"/>Six calendar months</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-30">
<interp inst="t19060723-30" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-30" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-30-charge-1" targOrder="Y" targets="def1-30-19060723 t19060723-30-offence-1 t19060723-30-verdict-1"/>
<p>
<persName id="def1-30-19060723" type="defendantName">
<interp inst="def1-30-19060723" type="gender" value="male"/>
<interp inst="def1-30-19060723" type="age" value="26"/>
<interp inst="def1-30-19060723" type="surname" value="SPENCER"/>
<interp inst="def1-30-19060723" type="given" value="CECIL"/>
<interp inst="def1-30-19060723" type="occupation" value="traveller"/>
<hi rend="largeCaps">SPENCER</hi>, Cecil (26, traveller)</persName>
<rs id="t19060723-30-verdict-1" type="verdictDescription">
<interp inst="t19060723-30-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-30-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-30-offence-1" type="offenceDescription">
<interp inst="t19060723-30-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-30-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing a scarf pin and other articles, the goods of
<persName id="t19060723-name-139" type="victimName">
<interp inst="t19060723-name-139" type="gender" value="male"/>
<interp inst="t19060723-name-139" type="surname" value="LIVINGSTONE-LEARMOUTH"/>
<interp inst="t19060723-name-139" type="given" value="LESTOCK FREDERICK REID"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-30-offence-1 t19060723-name-139"/>Lestock Frederick Reid Livingstone-Learmouth</persName>; obtaining by false pretences from
<persName id="t19060723-name-140" type="victimName">
<interp inst="t19060723-name-140" type="gender" value="male"/>
<interp inst="t19060723-name-140" type="surname" value="MCROBERT"/>
<interp inst="t19060723-name-140" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-30-offence-1 t19060723-name-140"/>James McRobert</persName> a quantity of perfume and £1 6s. 2d. in money; from
<persName id="t19060723-name-141" type="victimName">
<interp inst="t19060723-name-141" type="gender" value="male"/>
<interp inst="t19060723-name-141" type="surname" value="LAWRENCE"/>
<interp inst="t19060723-name-141" type="given" value="LINCOLN "/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-30-offence-1 t19060723-name-141"/>Lincoln Lawrence</persName> a pair of opera glasses and 10s. in money, and from
<persName id="t19060723-name-142" type="victimName">
<interp inst="t19060723-name-142" type="gender" value="male"/>
<interp inst="t19060723-name-142" type="surname" value="LEADER"/>
<interp inst="t19060723-name-142" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-30-offence-1 t19060723-name-142"/>William Leader</persName> a bag and 11s. in money, in each case with intent to defraud. Prisoner also confessed to a previous conviction.</rs> </p>
<p>Prisoner had been in the employ of Mr. Learmouth since the beginning of the year as butler, and left suddenly, taking with him property of the value of £50 and a cheque-book. Three of the cheques he signed in the name of Herbert Spencer, making them payable to himself, and these he gave to tradesmen in pay
<lb/>ment of goods, taking the balance in cash. The stolen jewellery and clothes he pawned. Three previous convictions were proved.</p>
<p>Sentence,
<rs id="t19060723-30-punishment-27" type="punishmentDescription">
<interp inst="t19060723-30-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-30-punishment-27" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-30-19060723 t19060723-30-punishment-27"/>Penal servitude for five years</rs>.</p>
<p>Mr. Charles Attenborough subsequently applied on behalf of the pawnbrokers that their loss might be shared by the prose
<lb/>cutor. According to his instructions Mr. Learmouth took a great deal for granted when he engaged this man, engaging him upon a written character, which turned out to be forged, without personal application.</p>
<p>The Common Serjeant. I do not make any order except for the restitution of the goods.</p>
<p>Mr. Attenborough. I do not think anything whatever is sug gested against the pawnbrokers.</p>
<p>The Common Serjeant. If I left it alone he could recover the things immediately in the County Court.</p> </div1>
<div1 type="trialAccount" id="t19060723-31">
<interp inst="t19060723-31" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-31" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-31-charge-1" targOrder="Y" targets="def1-31-19060723 t19060723-31-offence-1 t19060723-31-verdict-1"/>
<join result="criminalCharge" id="t19060723-31-charge-2" targOrder="Y" targets="def2-31-19060723 t19060723-31-offence-1 t19060723-31-verdict-1"/>
<p>
<persName id="def1-31-19060723" type="defendantName">
<interp inst="def1-31-19060723" type="gender" value="male"/>
<interp inst="def1-31-19060723" type="age" value="42"/>
<interp inst="def1-31-19060723" type="surname" value="WALKER"/>
<interp inst="def1-31-19060723" type="given" value="JOHN"/>
<interp inst="def1-31-19060723" type="occupation" value="bookmaker"/>
<hi rend="largeCaps">WALKER</hi>, John (42, bookmaker)</persName>, and
<persName id="def2-31-19060723" type="defendantName">
<interp inst="def2-31-19060723" type="gender" value="female"/>
<interp inst="def2-31-19060723" type="surname" value="WALKER"/>
<interp inst="def2-31-19060723" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">WALKER</hi>, Eliza
<lb/>beth, his wife</persName>;
<rs id="t19060723-31-offence-1" type="offenceDescription">
<interp inst="t19060723-31-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-31-offence-1" type="offenceSubcategory" value="theftFromPlace"/>stealing a ring, value £50, the goods of
<persName id="t19060723-name-145" type="victimName">
<interp inst="t19060723-name-145" type="gender" value="male"/>
<interp inst="t19060723-name-145" type="surname" value="MANN"/>
<interp inst="t19060723-name-145" type="given" value="CHARLES"/>
<interp inst="t19060723-name-145" type="occupation" value="stockbroker"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-31-offence-1 t19060723-name-145"/>Charles Mann</persName>, in a dwelling-house, and feloniously receiving same.</rs> </p>
<p>Mr. Sidney Jones prosecuted. Mr. Wildey Wright defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-146" type="witnessName">
<interp inst="t19060723-name-146" type="gender" value="male"/>
<interp inst="t19060723-name-146" type="surname" value="MANN"/>
<interp inst="t19060723-name-146" type="given" value="CHARLES"/>CHARLES MANN</persName> </hi>, stockbroker, Bradford. On Friday, July 6, I was staying at the Great Northern Hotel. I had dinner about half-past eight, and at about 10 o'clock I took a hansom up to Piccadilly, where I walked about for some time. I spoke to the female prisoner, who, after a time proposed going home. We went part of the way in a hansom and walked the rest of the way to Bolsover Street. I do not know the district at all. Be
<lb/>fore I went into the house I had a diamond ring on my neck
<lb/>tie.</p>
<xptr type="pageFacsimile" doc="190607230036"/>
<p>It was an ordinary ring made large enough for a tie. I value it at £50. I had been wearing it all day. I last saw it in the house in Bolsover Street in the presence of the female prisoner and I missed it about half an hour afterwards. The moment I missed it I told the female prisoner that unless she returned the ring I should call in the police. She had noticed and admired the ring and said, "What a beautiful ring!"When I charged her with stealing it she said it was no use my saying that; she had not got it. I then said I should go to the door and call the police. I was satisfied no one else had been in the room. I went to the front door and a detective came. The male prisoner came I from another room just about the time I was going to the door. He rushed at me and nearly threw me out of the door. I told him I had lost a ring there. He said nothing but simply turned me out. The female prisoner said she had not got it. I had not taken the ring off. The female prisoner touched it whilst she was standing close to me. It was not a ring that could be moved with ease as it would have to be slipped over the ends of the scarf and did not open like an ordi
<lb/>nary scaring. I do not think it possible for the ring to have slipped off. I have worn it for 35 years and it has never done so. I went to the station and charged prisoners.</p>
<p>Cross-examined. I have no other name but Charles Mann. I am a stockbroker at Bradford, but not a member of any Stock Exchange. I am an outside stockbroker. I did not tell the police I was a justice of the peace. I am not. My business address is the Arcade, Bradford, No. 88. I do not live there. I have no house since my wife died; I have lived about. I move about the district. I came up to London on the morning of the robbery. I got to King's Cross about 20 minutes past 2. I went straight to the City by the Underground when I got here and went to various offices on business, but not to various restaurants. I will swear I was sober when the robbery occurred. I got back to the Great Northern Hotel about seven o'clock. I had no drinks before dinner. With dinner I had a bottle of Beaune. I do not accept the suggestion that when I left the hotel at 10 o'clock it was to go on the spree. I went to see what was passing. I had not been in London for two or three years. I wanted to see whether London was altered. I am not accus
<lb/>tomed to London. I have not been in London five times in 15 years. I do not know the church of St. Martin's-in-the-Fields. I do not know exactly where I met the woman, because I do not know the names of the streets. We had only one drink before we went into the house. I think I drank gin, as I generally have that. It would be about half-past 12 o'clock when we got to Bolsover Street. We stayed in the public-house till it closed. I was in the house about 40 minutes at the outside. I will swear I was there more than 10 minutes. I had several con
<lb/>versations</p>
<xptr type="pageFacsimile" doc="190607230037"/>
<p>with this woman. I did not tell her that I had been with another woman before I went to see her and that I did not like her. I had not been with another woman. I have not seen the ring from that day to this, and, as far as I know, it has not been found. I am certain I saw the ring in the house and that the woman admired it. The moment I missed the ring I charged her with stealing it. We had not been been lying down, but simply sitting close together. Neither of us had been undressed, we had simply taken our hats off, that was practi
<lb/>cally all. I stayed at the police station some three or four hours while search was being made for the ring. I wanted to take the early train back. The woman went out of the room once or twice, but she was not long out—three minutes perhaps, I had seen the ring almost immediately before I charged her with stealing it—if you like the time defined it might have been any time within seven minutes. She left the room after she had seen the ring and admired it. She did not leave the room after I charged her with stealing it. I noticed the ring distinctly. I am very proud of it. As to part of my time being spent in look
<lb/>ing at it, I do not know that; I should like to look at it now. I saw the ring any time between seven minutes and one minute before I missed it. She went twice out of the room and was not out of the room more than two or three minutes at a time, and within about five minutes or seven minutes of the last time she came in I detected the loss of the ring. I had no idea that the ring was being stolen until I missed it. I was wearing a tie similar to that I am wearing now, but of a different colour. I never saw the male prisoner till he pushed me out. That was after I had charged the woman with stealing the ring and she had denied it. In the interval between my charging her and being thrown out I was trying to get her to give me the ring back. I told her if she did not give me the ring buck I would call the police. She said she had not got the ring. She did not say she had never had it or had never taken it. The man did not say I was drunk and kicking up a row and he would not have me in the place. I am staying now at the hotel at King's Cross.</p>
<p>Re-examined. The bottle of Beaune I had with my dinner on this night was not a half-bottle, but an ordinary bottle, and the price was 2s. if you want to know. The female prisoner noticed the ring and remarked that it was a beautiful ring and touched it and she left the room afterwards. I did not see the ring after she had left the room a second time.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-147" type="witnessName">
<interp inst="t19060723-name-147" type="gender" value="male"/>
<interp inst="t19060723-name-147" type="surname" value="BESLEY"/>
<interp inst="t19060723-name-147" type="given" value="ALFRED"/>ALFRED BESLEY</persName> </hi>, Detective, C Division. On the night of Friday, July 6, I was keeping observation on 60, Bolsover Street, from the inside of No. 2, Buckingham Street. At about twenty minutes to one I saw the female prisoner and prosecutor enter 60, Bolsover Street, and they remained there for some time.</p>
<xptr type="pageFacsimile" doc="190607230038"/>
<p>At about quarter past one the door was opened, and the male prisoner (whom I knew) walked out into the street on to the pavement and looked up and down. Three or four minutes afterwards he looked out again. Then he went hack, and I saw prosecutor pushed out into the road by both the male prisoner and the female prisoner. Prosecutor said he had lost his ring and shouted "Police." He went back to the door, and a second time the man came out and deliberately pushed him away. I heard prosecutor say to two individuals who were passing that he had been robbed. I then came out of No. 2. Buckingham Street, and without speaking to the prosecutor went to the top of the street to get assistance. Having obtained the assist
<lb/>ance of another officer, I went back to prosecutor, and explained to him what had happened. Then I got another officer to take him to Tottenham Court Road Police Station. I kept observa
<lb/>tion on No. 60, Bolsover Street, until I got further assistance. I waited for the return of the prosecutor and the other officer, and then I entered the house. I saw the two prisoners and a little boy in the back room on the ground floor. It was just an ordinary kitchen with a bed in it. There was no wash-stand or sink. The back room was entered from the front room through folding doors, which could only be opened from the kitchen side. The fastening was an ordinary button. The door was fastened back so that the handle would not turn. I told prisoners I was a police officer, and should arrest them, and I sent them to the station. I stayed behind and searched the room but found nothing.</p>
<p>Cross-examined. I searched thoroughly. Twenty-five minutes had elapsed since the time prosecutor was pushed out. Prose
<lb/>cutor had been drinking, but was not drunk; he was capable of taking care of himself. I sent him to the station because I wanted him to lodge a complaint with the inspector on duty, and I thought there would be a possible chance of recovering the ring. The rooms were such as you might find in any part of London, communicating by means of folding doors. There was no secret door, but the doors were made secret by oiling the hinges, and the hasp of the door was wedged back with a piece of wood so that it could not catch. The button was on the kitchen side. The door might have been fixed that way for the purpose of allowing the little boy to come in as he would not be able to open the door. I know nothing against the woman.</p>
<p>(Wednesday, July 25.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-148" type="witnessName">
<interp inst="t19060723-name-148" type="gender" value="female"/>
<interp inst="t19060723-name-148" type="surname" value="BROOKS"/>
<interp inst="t19060723-name-148" type="given" value="ANNE"/>ANNE BROOKS</persName> </hi>, prison matron. On July 7 I was on duty at the station. At two o'clock a.m. prisoner Elizabeth Walker was brought in and charged with stealing a ring, and I searched her. She said, "I wish I had not picked the prosecutor up, I should not have got into this trouble. Do you think they will search the boy?"</p>
<xptr type="pageFacsimile" doc="190607230039"/>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-149" type="witnessName">
<interp inst="t19060723-name-149" type="gender" value="female"/>
<interp inst="t19060723-name-149" type="surname" value="WALKER"/>
<interp inst="t19060723-name-149" type="given" value="ELIZABETH"/>ELIZABETH WALKER</persName> </hi> (prisoner, on oath). I am married to the man in the dock. On July 6 I met the prosecutor outside St. Martin's Church, and stood talking to him for a few minutes and then we took a cab and drove to Great Portland Street to a public-house—the "Coliseum," at the corner of Portland Street and Carburton Street. We left the "Coliseum" at closing time. We both had something to drink. Prosecutor went home with me. Between the back and front room are folding doors. We lived in two rooms, me and my husband, and a little boy of nearly five years of age. The lock was out of order, and my little boy would get into the front room and get shut in, so I took a piece of wood and prised the latch back. The doors were never shut; they were always open. We both went into the front room. My husband was not at home. He was not in the house at all. When we went into the front room neither the prosecutor nor I undressed ourselves. I sat down on the lounge and the gentleman sat in the easy chair—facing one another, two yards apart. I should say prosecutor was drunk. I did not see any ring on his tie. He told me he had been talking and drinking with a lady, but he had to leave her because he did not like her. It is not true that I stole anything from the prosecutor. I never gave anything to my husband. He came in while the prosecutor was outside in the street talking to the police, and that was the first I saw of him The prosecutor began to talk business with me, and Isaid, "I do not know what you mean." He put his hand up to his tie, and he said, "You have stolen my ring." I said, "I have not stolen any
<lb/>thing belonging to you." He called the police, and the police came in.</p>
<p>Cross-examined. Prosecutor asked me to take him home. He was drunk and he said he did not like to go to his hotel. He asked if I had got a furnished room and I said, "No." He said, "Could you take me home?" I said, "I cannot take you home; I am married." He said, "That will be all right, if you will get me a room." I am 25 years of age. Prosecutor was a perfect stranger to me. I had been to the Vaudeville Theatre by myself. Prosecutor was wearing a white silk tie. I looked at it when he accused me of stealing the ring. I did not know gentlemen wear a ring with that tie. I am sure he was not wearing the ring. I had only one farthing in my posses
<lb/>sion, but I had some money in the Post Office Savings Bank, which I had put into the bank on July 3.</p>
<p>To Mr. Wildey Wright. I had never taken a man to our rooms before; I have never in my life done such a thing.</p>
<p>
<rs id="t19060723-31-verdict-1" type="verdictDescription">
<interp inst="t19060723-31-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-31-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Verdict, both Guilty</rs>.</p>
<xptr type="pageFacsimile" doc="190607230040"/>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-150" type="witnessName">
<interp inst="t19060723-name-150" type="gender" value="male"/>
<interp inst="t19060723-name-150" type="surname" value="SIMMONDS"/>
<interp inst="t19060723-name-150" type="given" value="JOSEPH"/>JOSEPH SIMMONDS</persName> </hi>, Inspector, D Division. Up to four years ago the female prisoner was a very respectable woman and was employed at Colney Hatch Asylum as head nurse, but she met the male prisoner, an intimacy took place, and a child was born. About two years ago the female prisoner went out to New York to join the male prisoner, and it was arranged that he should meet her on the landing-stage, but he did not do so and she was kept in quarantine. Walker called the next day and claimed the woman, but because they would not allow her to land unless he married her they were married on the spot. On August 4 last year John Walker was sentenced at the South London Sessions to seven months' hard labour for attempted burglary. At that time it was proved beyond all doubt that he was a most expert burglar and safe-breaker. It is a question whether he is an American or an Irishman who went to America. There is a list of other convictions commencing in New York in 1882, when he was sentenced to three years in Sing Prison. Then a conviction in England in 1883, when he was sentenced to five years' penal servitude for burglary. Communications are in progress between the New York Police and the London Police in regard to him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-151" type="witnessName">
<interp inst="t19060723-name-151" type="gender" value="male"/>
<interp inst="t19060723-name-151" type="surname" value="BESLEY"/>
<interp inst="t19060723-name-151" type="given" value="ALFRED"/>ALFRED BESLEY</persName> </hi>, recalled. I was keeping observation on the house for a fortnight, from June 21, and prosecutor is the first man I have seen go in—she apparently takes them to other hotels. I saw a man come out of there and I arrested him and he had a parcel which contained 40 yards of silk.</p>
<p>
<rs id="t19060723-31-punishment-28" type="punishmentDescription">
<interp inst="t19060723-31-punishment-28" type="punishmentCategory" value="noPunish"/>
<interp inst="t19060723-31-punishment-28" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-31-19060723 t19060723-31-punishment-28"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-31-19060723 t19060723-31-punishment-28"/>Sentence postponed till next Sessions</rs>.</p> </div1>
<p>
<hi rend="largeCaps">FOURTH COURT</hi>; Tuesday, July 24.</p>
<p>(Before Judge Rentoul.)</p>
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<interp inst="t19060723-32" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-32-charge-1" targOrder="Y" targets="def1-32-19060723 t19060723-32-offence-1 t19060723-32-verdict-1"/>
<p>
<persName id="def1-32-19060723" type="defendantName">
<interp inst="def1-32-19060723" type="gender" value="male"/>
<interp inst="def1-32-19060723" type="age" value="30"/>
<interp inst="def1-32-19060723" type="surname" value="WELLS"/>
<interp inst="def1-32-19060723" type="given" value="HARRY"/>
<interp inst="def1-32-19060723" type="occupation" value="fireman"/>
<hi rend="largeCaps">WELLS</hi> Harry (30, fireman)</persName>
<rs id="t19060723-32-offence-1" type="offenceDescription">
<interp inst="t19060723-32-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19060723-32-offence-1" type="offenceSubcategory" value="robbery"/>; robbery with violence on
<persName id="t19060723-name-153" type="victimName">
<interp inst="t19060723-name-153" type="gender" value="male"/>
<interp inst="t19060723-name-153" type="surname" value="WILLIAMS"/>
<interp inst="t19060723-name-153" type="given" value="JAMES"/>
<interp inst="t19060723-name-153" type="occupation" value="carman"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-32-offence-1 t19060723-name-153"/>James Williams</persName> and stealing from him the sum of 10s.</rs> </p>
<p>Mr. F. P. Fausset prosecuted; Mr. Curtis-Bennett defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-154" type="witnessName">
<interp inst="t19060723-name-154" type="gender" value="male"/>
<interp inst="t19060723-name-154" type="surname" value="WILLIAMS"/>
<interp inst="t19060723-name-154" type="given" value="JAMES"/>JAMES WILLIAMS</persName> </hi>, carman. I was in Commercial Street on June 16, at 11 o'clock when prisoner came up to alt me for tobacco, and I put my hand in my pocket to get the tobacco and I was seized from behind by two men, one of whom put his hand on my throat and the other turned my pockets out. They took just over 10s. While they were closing round me one of them kicked me on the ankle. I fell down, till a policeman came and picked me up and took me to the hospital. I saw the three run away, and I was taken to the hospital. Prisoner was brought for me to identify with eight or nine others and I identified him by his features.</p>
<p>Sergeant
<hi rend="smallCaps">LEESON</hi>, examined. I was in High street, White
<lb/>chapel, on Saturday, June 16, and I saw the prisoner at</p>
<xptr type="pageFacsimile" doc="190607230041"/>
<p>Gardiner's Corner at a quarter to 12 in company with two other men. whose names I do not Know. I believe he saw me and and the two other men turned into High Street, Whitechapel, and went in the direction of Mile End and I lost sight of them. I know prisoner well.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-155" type="witnessName">
<interp inst="t19060723-name-155" type="gender" value="male"/>
<interp inst="t19060723-name-155" type="surname" value="ROBERTS"/>
<interp inst="t19060723-name-155" type="given" value="FRANK"/>FRANK ROBERTS</persName> </hi>, house surgeon, London Hospital. James Williams came to see me on Sunday morning with an injury to his left ankle. There was a great deal of swelling and he was in great pain. I thought at the time that the outer bone of the ankle was broken when I saw him the first time, but when I made an examination there was no sign of a fracture. It was compatible with having been caused by a kick.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-156" type="witnessName">
<interp inst="t19060723-name-156" type="gender" value="male"/>
<interp inst="t19060723-name-156" type="surname" value="BROGDEN"/>
<interp inst="t19060723-name-156" type="given" value="WILLIAM"/>WILLIAM BROGDEN</persName> </hi>, Police-Sergeant. I saw prisoner in High Street. Whitechapel, on June 17, at 11.40 p.m., and I told him I wanted him for knocking a man down and robbing him on June 16, at 11.20 He said, "You have made a mistake; I know nothing about it. I can prove I had a drink in the 'Wheat
<lb/>sheaf' with Sailor-the-Chivver, my wife, and another girl, and we afterwards got on the tram at 20 minutes to 11 and went to Burdett Road, and we went to the 'Eastern' public house and had a drink." I conveyed him to the Commercial Street Police Station. He was taken to the London Hospital and placed with eight other men similar in appearance to himself. Prosecutor was wheeled along the line of men, and he said, "I believe that was the man who knocked me down," referring to the prisoner. He afterwards said, "You are the man that asked me for the tobacco in Com
<lb/>mercial Road." He presently turned round and said, "I thought you knocked me down, but I am certain you are the man who asked me for the tobacco."</p>
<p>Cross-examined. That was the second time he was taken down the line. It is one mile and a quarter from where this assault took place to Burdett Road. Trams take 15 minutes and it would take 25 minutes to walk it.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-157" type="witnessName">
<interp inst="t19060723-name-157" type="gender" value="male"/>
<interp inst="t19060723-name-157" type="surname" value="WELLS"/>
<interp inst="t19060723-name-157" type="given" value="HARRY"/>HARRY WELLS</persName> </hi> (prisoner, on oath). On June 16, at a quarter 11 p.m., I was at Aldgate, near Leman Street. I was waiting there for a tram, and I got on the tram at 10 minutes to 11 for Burdett Road. After I was arrested I found when I was in the cell a tram ticket which I received that evening. The ticket hrs been identified by the conductor who issued it, at five minutes to 11 on that night. It is a ticket from Aldgate to Burdett Road. I have not got that ticket now, but the clerk wrote it down, "M. F. 2183"—a blue ticket. I arrived at Bur
<lb/>dett Road at 10 minutes past 11, and went to the Eastern Hotel facing Burdett Road, and I stopped there till closing time, 12</p>
<xptr type="pageFacsimile" doc="190607230042"/>
<p>o'clock. Then I went towards home along the Burdett Road. I did not see prosecutor on June 16, and I have never seen him in my life. I could not have been at Gardiner's Corner at a quarter to 12. When I was taken for identification prosecutor looked at my trousers, and he said, "I believe it is the man who kicked me." Then the detective got hold of me, and prose
<lb/>cutor said. "That is the man who asked for tobacco."</p>
<p>Cross-examined. I got on the tram at Aldgate, and the rob
<lb/>bery was supposed to be committed in Commercial Street about 200 yards away. The "Eastern" is about four minutes walk from where you get off the tram. I left the "Eastern" at 12 o'clock. The tram went by Stepney Station.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-158" type="witnessName">
<interp inst="t19060723-name-158" type="gender" value="male"/>
<interp inst="t19060723-name-158" type="surname" value="MALLION"/>
<interp inst="t19060723-name-158" type="given" value="WILLIAM"/>WILLIAM MALLION</persName> </hi>. I was conductor of the tram-car running from Aldgate to Stepney Station on June 16, and I issued the ticket "M. F. 2183" on Saturday evening between five minutes to 11 and 11 o'clock. We only went to Stepney Station. The journey from Aldgate to Stepney Station takes about a quarter of an hour. The number of the first ticket which I issued after I left Aldgate was 2167. This would have been the sixteenth ticket I issued after leaving Aldgate. I issued 21 tickets on that journey. The further the tram runs the further it runs away from where this assault is supposed to have been com
<lb/>mitted. I have not got the tram ticket. (The prisoner was not able to produce the ticket.) The distance is one mile and a quarter from Aldgate to Burdett Road, and the journey takes a quarter of an hour or 16 minutes. The number of persons I had on that journey was 21. I cannot my to whom I issued the ticket.</p>
<p>Verdict,
<rs id="t19060723-32-verdict-1" type="verdictDescription">
<interp inst="t19060723-32-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-32-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Sergeant
<hi rend="smallCaps">DESANT</hi>. On February 10, 1902, prisoner was sen
<lb/>tenced to three years' imprisonment at this Court for robbery. On May 16, 1899, he was sentenced to six months' at the North London Sessions.</p>
<p>Sentence,
<rs id="t19060723-32-punishment-29" type="punishmentDescription">
<interp inst="t19060723-32-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-32-punishment-29" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-32-19060723 t19060723-32-punishment-29"/>Penal servitude for five years</rs>.</p> </div1>
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<interp inst="t19060723-33" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-33-charge-1" targOrder="Y" targets="def1-33-19060723 t19060723-33-offence-1 t19060723-33-verdict-1"/>
<p>
<persName id="def1-33-19060723" type="defendantName">
<interp inst="def1-33-19060723" type="gender" value="male"/>
<interp inst="def1-33-19060723" type="age" value="20"/>
<interp inst="def1-33-19060723" type="surname" value="BRYANT"/>
<interp inst="def1-33-19060723" type="given" value="HENRY"/>
<interp inst="def1-33-19060723" type="occupation" value="labourer"/>
<hi rend="largeCaps">BRYANT</hi>, Henry (20, labourer)</persName>
<rs id="t19060723-33-verdict-1" type="verdictDescription">
<interp inst="t19060723-33-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-33-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-33-offence-1" type="offenceDescription">
<interp inst="t19060723-33-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-33-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, to breaking and entering the
<persName id="t19060723-name-160" type="victimName">
<interp inst="t19060723-name-160" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-33-offence-1 t19060723-name-160"/>Primitive Methodist Mission Hall</persName>,
<placeName id="t19060723-geo-1">
<interp inst="t19060723-geo-1" type="type" value="parish"/>
<join result="offencePlace" targOrder="Y" targets="t19060723-33-offence-1 t19060723-geo-1"/>Willesden</placeName>, and stealing there from the sum of 16s. 6 1/2 d</rs>.
<rs id="t19060723-33-punishment-30" type="punishmentDescription">
<interp inst="t19060723-33-punishment-30" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19060723-33-punishment-30" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-33-19060723 t19060723-33-punishment-30"/>Released on personal recognisances in £10 to come up for sentence when called upon</rs>.</p> </div1>
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<interp inst="t19060723-34" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-34" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-34-charge-1" targOrder="Y" targets="def1-34-19060723 t19060723-34-offence-1 t19060723-34-verdict-1"/>
<join result="criminalCharge" id="t19060723-34-charge-2" targOrder="Y" targets="def2-34-19060723 t19060723-34-offence-1 t19060723-34-verdict-1"/>
<p>
<persName id="def1-34-19060723" type="defendantName">
<interp inst="def1-34-19060723" type="gender" value="male"/>
<interp inst="def1-34-19060723" type="age" value="40"/>
<interp inst="def1-34-19060723" type="surname" value="HARRISON"/>
<interp inst="def1-34-19060723" type="given" value="HENRY"/>
<interp inst="def1-34-19060723" type="occupation" value="carman"/>
<hi rend="largeCaps">HARRISON</hi>, Henry (40, carman)</persName>, and a
<persName id="def2-34-19060723" type="defendantName">
<interp inst="def2-34-19060723" type="gender" value="male"/>man, name refused</persName>,
<rs id="t19060723-34-offence-1" type="offenceDescription">
<interp inst="t19060723-34-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19060723-34-offence-1" type="offenceSubcategory" value="sodomy"/>were charged with committing an act of gross indecency with each other.</rs> </p>
<p>Verdict,
<rs id="t19060723-34-verdict-1" type="verdictDescription">
<interp inst="t19060723-34-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-34-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Sentence, each prisoner,
<rs id="t19060723-34-punishment-31" type="punishmentDescription">
<interp inst="t19060723-34-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-34-punishment-31" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-34-19060723 t19060723-34-punishment-31"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-34-19060723 t19060723-34-punishment-31"/>Three months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-35">
<interp inst="t19060723-35" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-35" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-35-charge-1" targOrder="Y" targets="def1-35-19060723 t19060723-35-offence-1 t19060723-35-verdict-1"/>
<p>
<persName id="def1-35-19060723" type="defendantName">
<interp inst="def1-35-19060723" type="gender" value="male"/>
<interp inst="def1-35-19060723" type="age" value="52"/>
<interp inst="def1-35-19060723" type="surname" value="HUNT"/>
<interp inst="def1-35-19060723" type="given" value="AUSTIN"/>
<interp inst="def1-35-19060723" type="occupation" value="clerk"/>
<hi rend="largeCaps">HUNT</hi>, Austin (52, clerk)</persName>
<rs id="t19060723-35-offence-1" type="offenceDescription">
<interp inst="t19060723-35-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t19060723-35-offence-1" type="offenceSubcategory" value="other"/>, maliciously damaging two plate
<lb/>glass windows, value £25, the property of
<persName id="t19060723-name-164" type="victimName">
<interp inst="t19060723-name-164" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-35-offence-1 t19060723-name-164"/>A. W. Gamage, Limited</persName>.</rs> </p>
<p>Mr. C. G. Moran prosecuted.</p>
<xptr type="pageFacsimile" doc="190607230043"/>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-165" type="witnessName">
<interp inst="t19060723-name-165" type="gender" value="male"/>
<interp inst="t19060723-name-165" type="surname" value="LESTER"/>
<interp inst="t19060723-name-165" type="given" value="ARTHUR"/>ARTHUR LESTER</persName> </hi>, Police Constable 267. On July 4 I was in Dyers Buildings, Holborn, and I saw prisoner coming along at 10.40 p.m. on the north side. I heard a smash, and looking over I saw him give the shutters of a newsagent's box three blows with a stick. I went across the road and watched him. Hamilton came to me and said prisoner had been hitting the windows of Gamage and Co. coming along. We both watched him, and he went as far as the corner of Brook Street, and stood opposite Wallis's shop. I went across to him, and asked him why he struck the shutters of the newsagent's box, and I could not get a definite reply. I took him back to Gamage's, and we found two of the windows cracked. They measured 14 ft by 8 ft. At the station, in reply, he said, "I did not hit them very hard; I do not know why I did it; I did not think they were glass." He was sober, but he had been drinking.</p>
<p>
<hi rend="smallCaps">A. J. HAMILTON</hi>, coachman. On July 4 I was outside Wallis's and saw prisoner coming along. I looked round and I saw him striking the windows of Carnage's. He struck three of the bottom shop and two of the top shop. The window was smashed to pieces.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-166" type="witnessName">
<interp inst="t19060723-name-166" type="gender" value="male"/>
<interp inst="t19060723-name-166" type="surname" value="LOWE"/>
<interp inst="t19060723-name-166" type="given" value="GEORGE"/>GEORGE LOWE</persName> </hi>, resident manager of Gamage and Co. I in
<lb/>spected these windows. One was broken right across and the other was cracked and shattered. £25 damage is an under
<lb/>estimate. I do not know prisoner.</p>
<p>
<hi rend="smallCaps">PRISONER</hi> (not on oath) stated that he was on the Swan Pier some hours and got tired. He had one or two glasses of beer and he did not remember striking the window of Gamage's, but he remembered striking the newsagent's box. He was singing to himself, and that is all he remembered about it.</p>
<p>Verdict,
<rs id="t19060723-35-verdict-1" type="verdictDescription">
<interp inst="t19060723-35-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-35-verdict-1" type="verdictSubcategory" value="withRecommendation"/>Guilty, with a recommendation to mercy</rs>.</p>
<p>
<hi rend="smallCaps">DR. SCOTT</hi> (Brixton Prison) stated that the prisoner was a man physically weak and of a nervous temperament; that a very little drink would have an effect upon him; and that while there was no evidence of insanity his mind was not particularly strong.</p>
<p>Sentence,
<rs id="t19060723-35-punishment-32" type="punishmentDescription">
<interp inst="t19060723-35-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-35-punishment-32" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-35-19060723 t19060723-35-punishment-32"/>One month's imprisonment in the second division</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-36">
<interp inst="t19060723-36" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-36" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-36-charge-1" targOrder="Y" targets="def1-36-19060723 t19060723-36-offence-1 t19060723-36-verdict-1"/>
<join result="criminalCharge" id="t19060723-36-charge-2" targOrder="Y" targets="def2-36-19060723 t19060723-36-offence-1 t19060723-36-verdict-2"/>
<join result="criminalCharge" id="t19060723-36-charge-3" targOrder="Y" targets="def3-36-19060723 t19060723-36-offence-1 t19060723-36-verdict-3"/>
<p>
<persName id="def1-36-19060723" type="defendantName">
<interp inst="def1-36-19060723" type="gender" value="male"/>
<interp inst="def1-36-19060723" type="age" value="42"/>
<interp inst="def1-36-19060723" type="surname" value="FELGATE"/>
<interp inst="def1-36-19060723" type="given" value="DOUGLAS"/>
<interp inst="def1-36-19060723" type="occupation" value="agent"/>
<hi rend="largeCaps">FELGATE</hi>, Douglas (42, agent)</persName>,
<persName id="def2-36-19060723" type="defendantName">
<interp inst="def2-36-19060723" type="gender" value="male"/>
<interp inst="def2-36-19060723" type="age" value="42"/>
<interp inst="def2-36-19060723" type="surname" value="BOON"/>
<interp inst="def2-36-19060723" type="given" value="FRANK MONTAGUE"/>
<interp inst="def2-36-19060723" type="occupation" value="agent"/>
<hi rend="largeCaps">BOON</hi>, Frank Montague (42, agent)</persName>, and
<persName id="def3-36-19060723" type="defendantName">
<interp inst="def3-36-19060723" type="gender" value="indeterminate"/>
<interp inst="def3-36-19060723" type="age" value="52"/>
<interp inst="def3-36-19060723" type="surname" value="CAMPBELL"/>
<interp inst="def3-36-19060723" type="given" value=""/>
<interp inst="def3-36-19060723" type="occupation" value="plumber"/>
<hi rend="largeCaps">CAMPBELL</hi> (52, plumber)</persName>;
<rs id="t19060723-36-offence-1" type="offenceDescription">
<interp inst="t19060723-36-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19060723-36-offence-1" type="offenceSubcategory" value="fraud"/>conspiring to
<lb/>gether to obtain money by worthless cheques</rs>. Felgate
<rs id="t19060723-36-verdict-1" type="verdictDescription">
<interp inst="t19060723-36-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-36-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>pleaded not guilty to the false pretences</rs>; Boon
<rs id="t19060723-36-verdict-2" type="verdictDescription">
<interp inst="t19060723-36-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-36-verdict-2" type="verdictSubcategory" value="pleadedPartGuilty"/>pleaded guilty to all the indictments except those charging him with obtaining money by false pretences</rs>; Campbell pleaded not guilty to all the in
<lb/>dictments. Counsel for the prosecution consented to take a verdict of
<rs id="t19060723-36-verdict-3" type="verdictDescription">
<interp inst="t19060723-36-verdict-3" type="verdictCategory" value="notGuilty"/>
<interp inst="t19060723-36-verdict-3" type="verdictSubcategory" value=""/>not guilty</rs> against Campbell. Sentence: Felgate and Boon, each
<rs id="t19060723-36-punishment-33" type="punishmentDescription">
<interp inst="t19060723-36-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-36-punishment-33" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-36-19060723 t19060723-36-punishment-33"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-36-19060723 t19060723-36-punishment-33"/>18 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-37">
<interp inst="t19060723-37" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-37" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-37-charge-1" targOrder="Y" targets="def1-37-19060723 t19060723-37-offence-1 t19060723-37-verdict-1"/>
<join result="criminalCharge" id="t19060723-37-charge-2" targOrder="Y" targets="def2-37-19060723 t19060723-37-offence-1 t19060723-37-verdict-1"/>
<join result="criminalCharge" id="t19060723-37-charge-3" targOrder="Y" targets="def3-37-19060723 t19060723-37-offence-1 t19060723-37-verdict-1"/>
<p>
<persName id="def1-37-19060723" type="defendantName">
<interp inst="def1-37-19060723" type="gender" value="male"/>
<interp inst="def1-37-19060723" type="age" value="34"/>
<interp inst="def1-37-19060723" type="surname" value="GRANVILLE"/>
<interp inst="def1-37-19060723" type="given" value="JAMES"/>
<interp inst="def1-37-19060723" type="occupation" value="painter"/>
<hi rend="largeCaps">GRANVILLE</hi>, James (34, painter)</persName>;
<persName id="def2-37-19060723" type="defendantName">
<interp inst="def2-37-19060723" type="gender" value="male"/>
<interp inst="def2-37-19060723" type="age" value="30"/>
<interp inst="def2-37-19060723" type="surname" value="DAVIS"/>
<interp inst="def2-37-19060723" type="given" value="WILLIAM"/>
<interp inst="def2-37-19060723" type="occupation" value="harness-maker"/>
<hi rend="largeCaps">DAVIS</hi>, William (30, harness-maker)</persName>; and
<persName id="def3-37-19060723" type="defendantName">
<interp inst="def3-37-19060723" type="gender" value="male"/>
<interp inst="def3-37-19060723" type="age" value="28"/>
<interp inst="def3-37-19060723" type="surname" value="BASSETT"/>
<interp inst="def3-37-19060723" type="given" value="JAMES"/>
<interp inst="def3-37-19060723" type="occupation" value="basketmaker"/>
<hi rend="largeCaps">BASSETT</hi>, James (28, basket
<lb/>maker)</persName>
<rs id="t19060723-37-offence-1" type="offenceDescription">
<interp inst="t19060723-37-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19060723-37-offence-1" type="offenceSubcategory" value="robbery"/>; rob
<lb/>bery with violence on
<persName id="t19060723-name-173" type="victimName">
<interp inst="t19060723-name-173" type="gender" value="male"/>
<interp inst="t19060723-name-173" type="surname" value="JULIAN"/>
<interp inst="t19060723-name-173" type="given" value="MARTIN"/>
<interp inst="t19060723-name-173" type="occupation" value="waste-paper dealer"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-37-offence-1 t19060723-name-173"/>Martin Julian</persName> and stealing from him a purse and the sum of £2 10s</rs>.</p>
<xptr type="pageFacsimile" doc="190607230044"/>
<p>Mr. Fausset appeared for the prosecution.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-174" type="witnessName">
<interp inst="t19060723-name-174" type="gender" value="male"/>
<interp inst="t19060723-name-174" type="surname" value="JULIAN"/>
<interp inst="t19060723-name-174" type="given" value="MARTIN"/>MARTIN JULIAN</persName> </hi>, waste-paper dealer. On July 6 I met the three prisoners at seven o'clock. We went drinking from house to house. I was with James Bassett, and on Clerkenwell Green we met the other two prisoners. They were in Brooks's Market. Lt was seven in the evening when I saw Bassett. About eight o'clock we were outside St. James's Church. Gran
<lb/>ville was there at the same time. There were five of them altogether. We proceeded to the Royal Midshipman, in Skinner Street, Clerkenwell. Thinking I had had sufficient drink, I went home, followed by the prisoners. I had to go through the playground into another playground, where I was assaulted. It was after 10 o'clock. I heard a rush of feet behind me, and I received a violent blow on my head. Gran
<lb/>ville struck me. I was not acquainted with Granville. I recog
<lb/>nised Davis, but I had never been in his company before. They knocked two teeth out. I fell on the ground on my face and tried to grab the prisoners. I could not holloa; I was so overcome I fell on my face unconscious. I had £2 10s. in gold in my purse and 13s. in my other pocket. The 13s. was in my packet afterwards, but the purse and the £2 10s. had gone. I was brought to by people bathing my face. I was taken across to the King William the Fourth, and then I was taken to the station by the police officers, and I was asked who I was. I did not know the two other men. I identified the prisoners in the station. I picked them out from two or three other men.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-175" type="witnessName">
<interp inst="t19060723-name-175" type="gender" value="male"/>
<interp inst="t19060723-name-175" type="surname" value="CARPENTER"/>
<interp inst="t19060723-name-175" type="given" value="JOHN"/>JOHN CARPENTER</persName> </hi>, superintendent of St. Alban's Buildings. On July 6, at 10.15 p.m. I saw Julian going throught the arch
<lb/>way, followed by there men, who were strangers to me at the time, and then I heard a disturbance. I shouted out, and one of them said, "There is a copper," and the three men went arough the passage. I recognise Bassett. I have not known them before.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-176" type="witnessName">
<interp inst="t19060723-name-176" type="gender" value="female"/>
<interp inst="t19060723-name-176" type="surname" value="FRANCIS"/>
<interp inst="t19060723-name-176" type="given" value="JESSIE"/>JESSIE FRANCIS</persName> </hi>, house surgeon at the Royal Free Hospital. Julian came to the hospital on July 6. He had a bruise on the boght eyebrow and a small cut on the right eyelid, and the right cheek was bruised. The bruises were not serious. He did not tell me that he had had any teeth knocked out at the time.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-177" type="witnessName">
<interp inst="t19060723-name-177" type="gender" value="male"/>
<interp inst="t19060723-name-177" type="surname" value="JOCELYN"/>
<interp inst="t19060723-name-177" type="given" value="JOSEPH"/>JOSEPH JOCELYN</persName> </hi>, P. C. On the night of July 6, with other officers, I went to a public-house and saw James Bassett and Davis. Before I went with the other officers I saw prisoners by myself. At 11.15, on the 6th, I was informed prosecutor had been knocked down and robbed. I went to various public-houses in the neighbourhood. I went to the Rose in Hatton Garden and saw the three prisoners and a man named Dennis</p>
<xptr type="pageFacsimile" doc="190607230045"/>
<p>and William Bassett. I followed them from there through Hatton Garden into Leather Lane. James Bassett, Davis, and William Bassett went through to Baldwin's Gardens. Gran
<lb/>ville and William Davis stayed behind. I saw them go to the Hole-in-the-Wall. I went back to Clerkenwell and saw Sergeant Bissel, and with him went to the Hole-in-the-Wall, and told James Basset, Davis, and William Bassett that I was going to take them into custody for robbing a man and knocking him down in Bell Court. Bassett said, "All right, I will go quietly with you," or words to that effect. "If he prosecutes me, I will charge him and do him in afterwards." We went to the Gray's Inn Road Station and detained the three prisoners there, and went back and arrested Granville in Leather Lane. When I told them we were going to put them up for identifica
<lb/>tion, Bassett said, "You don't want to do that; he knows me; let him prosecute me if he likes." They were then placed with nine other men, and the prosecutor came; he said to William Bassett, "You were not there at the time and I won't charge you," and he was let free, and the other three were charged.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-178" type="witnessName">
<interp inst="t19060723-name-178" type="gender" value="male"/>
<interp inst="t19060723-name-178" type="surname" value="BISSEL"/>
<interp inst="t19060723-name-178" type="given" value="JOHN"/>JOHN BISSEL</persName> </hi>. Police Sergeant. I was in Leather Lane on July 6. Immediately I saw Granville I told him I should take him into custody on suspicion of being concerned with James Bassett and William Davis in assaulting and robbing a man in Bell Court He said, "I have not seen Bassett to-night." I then took him to Gray's Inn Road Station. As he was brought in Bassett turned round and said to him and Davis, "You keep quiet; I will get you out of it. I know the prosecutor; if he prosecutes me I will do him in properly." I had previously seen Bassett. I was passing by the "Rose" public-house at five minutes past 11 and I saw the three prisoners and William Bassett and Dennis in the public-house; in the bar.</p>
<p>(Defence.)</p>
<p>----
<hi rend="smallCaps">DENNIS</hi> On July 6 I was sitting on a stool outside my place and we had a can of beer, and Granville came up and spoke to me about 10 o'clock; he stayed about a quarter of an hour. I said to Granville, "Come to the 'Rose' and have a glass." We stayed there till 20 past 11, and I bid Granville good-night at the door. I know it was 10 o'clock because the night policeman was going on duty.</p>
<p>Cross-examined. I could not say whether Bell Court is 150 yards from Leather Lane. do not know anything about the robbery. was once convicted for stealing; was drunk at the time.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-179" type="witnessName">
<interp inst="t19060723-name-179" type="gender" value="male"/>
<interp inst="t19060723-name-179" type="surname" value="ISEN"/>
<interp inst="t19060723-name-179" type="given" value="CHARLES"/>CHARLES ISEN</persName> </hi>. On July 6 I saw Granvlle between half past nine and a quarter to ten. He was in my company till a quarter to eleven. Dennis was with them.</p>
<xptr type="pageFacsimile" doc="190607230046"/>
<p>----
<hi rend="smallCaps">O'NEIL</hi>. On July 6 I was in Leather Lane and Granville was in my company from seven till half past ten. He never left my company. I left him in the company of the other two witnesses.</p>
<p>Cross-examined He was talking to me. The first time I saw him he was waiting for a man working at Cohen's. I have been convicted of different things, but I have regained my character. The last conviction was two years ago.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-180" type="witnessName">
<interp inst="t19060723-name-180" type="gender" value="male"/>
<interp inst="t19060723-name-180" type="surname" value="GRANVILLE"/>
<interp inst="t19060723-name-180" type="given" value="JAMES"/>JAMES GRANVILLE</persName> </hi> (prisoner, on oath). I was at the corner of Baldwin's Gardens, and I was doing something I had no business to do, and Inspector Bissel came up and spoke to me. He said I was doing wrong; then I walked away. He said, "You had better walk up to the station for identification with Bassett." I said, "I have not seen Bassett to-night." I have never seen prosecutor before in my life.</p>
<p>The jury did not think there was sufficient evidence against prisoner, and returned a verdict of
<rs id="t19060723-37-verdict-1" type="verdictDescription">
<interp inst="t19060723-37-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19060723-37-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>; Wednesday, July 25.</p>
<p>(Before Mr. Justice Darling.)</p>
<div1 type="trialAccount" id="t19060723-38">
<interp inst="t19060723-38" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-38" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-38-charge-1" targOrder="Y" targets="def1-38-19060723 t19060723-38-offence-1 t19060723-38-verdict-1"/>
<join result="criminalCharge" id="t19060723-38-charge-2" targOrder="Y" targets="def2-38-19060723 t19060723-38-offence-1 t19060723-38-verdict-1"/>
<p>
<persName id="def1-38-19060723" type="defendantName">
<interp inst="def1-38-19060723" type="gender" value="male"/>
<interp inst="def1-38-19060723" type="age" value="17"/>
<interp inst="def1-38-19060723" type="surname" value="HAWKINS"/>
<interp inst="def1-38-19060723" type="given" value="WALTER"/>
<interp inst="def1-38-19060723" type="occupation" value="printer's labourer"/>
<hi rend="largeCaps">HAWKINS</hi>, Walter (17, printer's labourer)</persName>, and
<persName id="def2-38-19060723" type="defendantName">
<interp inst="def2-38-19060723" type="gender" value="male"/>
<interp inst="def2-38-19060723" type="age" value="17"/>
<interp inst="def2-38-19060723" type="surname" value="BELL"/>
<interp inst="def2-38-19060723" type="given" value="JOSEPH"/>
<interp inst="def2-38-19060723" type="occupation" value="cropper boy"/>
<hi rend="largeCaps">BELL</hi> Joseph (17, cropper boy)</persName>
<rs id="t19060723-38-verdict-1" type="verdictDescription">
<interp inst="t19060723-38-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-38-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-38-offence-1" type="offenceDescription">
<interp inst="t19060723-38-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19060723-38-offence-1" type="offenceSubcategory" value="sodomy"/>, to buggery with each other</rs>. Sentence, Hawkins,
<rs id="t19060723-38-punishment-34" type="punishmentDescription">
<interp inst="t19060723-38-punishment-34" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-38-punishment-34" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-38-19060723 t19060723-38-punishment-34"/>18 months' hard labour</rs>; Bell,
<rs id="t19060723-38-punishment-35" type="punishmentDescription">
<interp inst="t19060723-38-punishment-35" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-38-punishment-35" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-38-19060723 t19060723-38-punishment-35"/>12 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19060723-39">
<interp inst="t19060723-39" type="uri" value="sessionsPapers/19060723"/>
<interp inst="t19060723-39" type="date" value="19060723"/>
<join result="criminalCharge" id="t19060723-39-charge-1" targOrder="Y" targets="def1-39-19060723 t19060723-39-offence-1 t19060723-39-verdict-1"/>
<p>
<persName id="def1-39-19060723" type="defendantName">
<interp inst="def1-39-19060723" type="gender" value="male"/>
<interp inst="def1-39-19060723" type="surname" value="ASHWELL"/>
<interp inst="def1-39-19060723" type="given" value="GEORGE YATE"/>
<hi rend="largeCaps">ASHWELL</hi>, George Yate</persName>
<rs id="t19060723-39-offence-1" type="offenceDescription">
<interp inst="t19060723-39-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19060723-39-offence-1" type="offenceSubcategory" value="perjury"/>; perjury.</rs> </p>
<p>Mr. Patrick Hastings prosecuted. Mr. George Elliott and Mr. Alfred Bucknill defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-184" type="witnessName">
<interp inst="t19060723-name-184" type="gender" value="male"/>
<interp inst="t19060723-name-184" type="surname" value="SMEETON"/>
<interp inst="t19060723-name-184" type="given" value="BERTIE ROBERT"/>BERTIE ROBERT SMEETON</persName> </hi>, member of the Institute of Short
<lb/>hand Writers. I produce shorthand notes taken in the Divorce Court on March 19, 1903, in a case of Ashwell v. Ashwell and Tilley. Prisoner was sworn and stated as follows: "Q. After your marriage in 1881 you first of all lived at Birmingham, I think? A. Yes. Q. And then you moved to Chiswick, then to Wales, and then to West Kensington, and, ultimately, in June, 1898, did you come to live at Marlborough Road, Gunnersbury? A. Yes. Q. During all that time was your married life a happy one or not? A. Yes. Q. Did your wife look after your home? A. Yes. Q. What sort of a mother was she to her children? A. A very good mother always. Q. Your home was a happy and comfortable one? A. Yes."</p>
<p>Cross-examined. I have no special mark if a witness hesi
<lb/>tates to show the hesitation; if he does not answer we put in "No answer." If the witness had hesitated and the counsel had gone on and asked a second question I should not have had the</p>
<xptr type="pageFacsimile" doc="190607230047"/>
<p>answer "Yes." I have put down in my note "Yes" in answer to each question. I had been a shorthand writer about two years at that time. At that time I think I was a member of the Institute. I was 21 years of age. I have no recollection of the incident apart from my notes. I have reported a great deal since then.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-185" type="witnessName">
<interp inst="t19060723-name-185" type="gender" value="male"/>
<interp inst="t19060723-name-185" type="surname" value="PEREIRA"/>
<interp inst="t19060723-name-185" type="given" value="HORACE"/>HORACE A. PEREIRA</persName> </hi>, Officer in Divorce Registry, Somerset House. I produce file of proceedings in Ashwell v. Ashwell and Tilley in 1902 and 1903. The decree nisi was granted on March 19, 1903. I also produce file of proceedings in Ashwell v. Ashwell and Armitage, the petition in which was filed January 27, 1896. It came on for hearing on June 17, 1896; no one appeared and the case was struck out. I have also an affidavit verifying the petition in that case sworn by the pri
<lb/>soner on January 25, 1906.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-186" type="witnessName">
<interp inst="t19060723-name-186" type="gender" value="male"/>
<interp inst="t19060723-name-186" type="surname" value="WARD"/>
<interp inst="t19060723-name-186" type="given" value="ALFRED ERNEST"/>ALFRED ERNEST WARD</persName> </hi>, 7, King Street, City, solicitor. I have acted for the prisoner as agent for a provincial firm. I am ad
<lb/>vised that with regard to all the information or documents which came into my possession the prisoner is entitled to claim privi
<lb/>lege and that I am not entitled to waive it.</p>
<p>Mr. Justice Darling. But he has not claimed privilege. Who has claimed privilege? You do not. A. Not at all, my lord.</p>
<p>Mr. Elliott submitted that there was privilege when the relation of solicitor and client existed with regard to all matters having no relation to the present proceedings.</p>
<p>Mr. Justice Darling. The witness does not and cannot claim privi
<lb/>lege. When we come to the documents we will see.</p>
<p>Examination continued. I acted for the prisoner in the year 1895 as agent as I have described. I had to communicate with a man whose initial is "M," in reference to contemplated divorce proceedings which were never commenced. Q. Were the pro
<lb/>ceedings in which you acted in consequence of a suggestion made by the prisoner.</p>
<p>Mr. Elliott submitted that where a solicitor was employed and had communications made to him in a perfectly legal and legitimate trans
<lb/>action, into which it was not suggested that any element of a criminal character entered, all the communication necessary for the purpose of his taking the contemplated proceedings on his client's behalf were made to him in the relation of solicitor and client, and that all communica
<lb/>tions made and documents given to him in those circumstances were given under privilege and he was bound not to disclose them. [Cites Regina v. Cox and Railton, 14 Q. B. D., 153.] No doubt, where the com
<lb/>munication between the solicitor and client partook of the nature of some suggestion or application or device in order to carry out some criminal design, then the privilege was waived.</p>
<p>Mr. Justice Darling. Of course, nobody suggests that Mr. Ward was conspiring with the prisoner in a criminal design.</p>
<p>Mr. Elliott. No. In this case it was a perfectly legitimate transac
<lb/>tion so far as Mr. Ward was concerned in relation to all the proceed
<lb/>ings. The case is referred to in Archbold, p. 401.</p>
<p>Mr. Hastings argued that the witness had no privilege. A long line of authorities went to show that there was no privilege at to any com
<lb/>munication</p>
<xptr type="pageFacsimile" doc="190607230048"/>
<p>made with the solicitor to or from the third person, the opponent against whom he was acting.</p>
<p>Mr. Justice Darling. What you desire to ask is as to something which "M." said to the solicitor in order that it might be communicated to the defendant.</p>
<p>Mr. Hastings said that was the material point, and cited Bray on Discovery (1885 edition, p. 432) an to communications from an oppo
<lb/>site party or generally from collateral quarters; also Kennedy v. Lyell (23 C. D. 404); Ford v. Allen (32 Beavan, 162); Pickett v. Bayless (5 Barnewall and Adolphus, 502).</p>
<p>Mr. Justice Darling. What is your present question?</p>
<p>Mr. Hastings: "Did you write or communicate to 'M.' in consequence of certain suggestions that he had been guilty of adultery?"</p>
<p>Mr. Elliott. That is a double question, because it involves a state
<lb/>ment of facts.</p>
<p>Mr. Justice Darling. I do not think I should admit that because that would be a way of putting in what the defendant has said to the witness. "Did you write or communicate with 'M.' or his solicitor acting as solicitor for the defendant?" is another thing.</p>
<p>Mr. Hastings. The question. "Did you make a claim on behalf of your client against 'M.'" has been upheld.</p>
<p>Mr. Elliott. I do not take exception to that.</p>
<p>Mr. Justice Darling. The answer is "Yes."</p>
<p>Witness. Speaking from recollection, it is 12 years ago. All the communications took place with "M.'s" solicitors, and I never saw or communicated with "M." direct at all.</p>
<p>Mr. Hastings. In consequence of what you said to "M.'s" solicitors, was a sum of £1,000 paid to you? A. Yes. by the solicitors for the gentleman named "M." Q. To the best of your recollection, give the substance of what was said to you by the solicitors on behalf of "M."</p>
<p>Mr. Elliott. I object. Whatever was said by the solicitors for this other person to this gentleman was said to him for the purpose of being communicated to his client and that is not admissible.</p>
<p>Mr. Justice Darling. How is what was said by the solicitor to the third party evidence against the defendant if the solicitor did not com
<lb/>municate it to the defendant? Assume he did not.</p>
<p>Mr. Hastings. My answer to that in that the defendant employs a solicitor as his agent to make statements and to receive statements for him; those statements are made by his solicitor; the solicitor acts as his agent and can give evidence of what he has heard and what he has said.</p>
<p>Mr. Justice Darling. You do not suggest that he could properly tell you what was said to him not to he communicated to his client.</p>
<p>Mr. Hastings. No. I only ask him the question what was communi
<lb/>cated to him as solicitor to the defendant, It is no more than I should be entitled to do by asking the opposite party to tell me himself. The solicitor was merely the agent acting as conduit pipe, and there is no more privilege attending the solicitor in a case of that kind than there would be in the opposite party if he was called upon to say what was said to him by the plaintiff.</p>
<p>Mr. Justice Darling. I do not know that there is very precise autho
<lb/>rity covering the whole ground, therefore I shall admit the question, dividing it in this way: I hold that the witness must answer the ques
<lb/>tion so far as to repeat what was communicated by "M.'s" solicitor to him strictly in his capacity of solicitor acting for the defendant, and if it become necessary I will reserve the point whether the evidence is properly admitted.</p>
<xptr type="pageFacsimile" doc="190607230049"/>
<p>To the Witness. Tell us what "M.'s" solicitor communicated to you; or, if it is a document, give us the document, limiting yourself strictly to what was communicated by them to you as solicitor for the defendant? A. The communication made to me by the gentleman's solicitors was an absolute denial of the charge or suggestion against Mr. M.</p>
<p>Mr. Hastings. An absolute denial of what? A. Of the sug
<lb/>gestion or charge of adultery against the gentleman named "M." with the defendant's wife; but that he was a gentleman holding some position of prominence, and, rather than have to meet the allegations, he would pay a sum in consideration of a complete release. A release was drawn up recording the denial—</p>
<p>Mr. Justice Darling. You cannot say that; you can only say that a document was drawn; you cannot say a release. A docu
<lb/>ment was drawn up, and "M." paid £1,000, or his solicitor. A. Through his solicitors; I presume it came from "M." I also acted for prisoner in divorce proceedings instituted against Dr. Armitage in the same way as agents for the same provincial firm. The case was ultimately set down for hearing and came into the list. I believe a payment was made by Dr. Armitage, but it did not pass through my hands.</p>
<p>Mr. Elliott. I understand that this gentleman really merely acted as agent and did not make the communication direct with the defendant. I was under the impression he did when I was signing the point. I do not know whether that in itself would not afford another ground for objec
<lb/>tion, that he only communicated as far as I understand what was com
<lb/>municated to him by another firm of solicitors.</p>
<p>Cross-examination continued. My firm were agents for a provincial firm who were the solicitors for the prisoner, but it happened that he was in London, and, as frequently happens, he came to see me personally, although I was communicating with the provincial firm and acting for them. Apart from these incidental meetings in London communications in rela
<lb/>tion to the release and payment of the money were made by me direct to the provincial solicitors—to my professional clients in the country who were acting for the defendant. I have no doubt I had direct personal interviews with the prisoner. I cannot gay whether at the time I was consulted by the prisoner in relation to the wife's infidelity it was ever con
<lb/>templated that both "M." and Dr. Armitage should be in the same petition for the whole matter to be dealt with at once, The proceedings against "M." was a year before the petition against Dr. Armitage. Whether facts alleged coincided in point of time I cannot say at this distance of time. I think, speaking from recollection, that that is probable, and that if proceedings had been commenced against "M." they would have been taken together. I think they sufficiently coincided in point of time for that to be the proper course. I think if "M."</p>
<xptr type="pageFacsimile" doc="190607230050"/>
<p>had been made a co-respondent he might have been co-respon
<lb/>dent in the same proceedings as Armitage.</p>
<p>Re-examined. I am almost certain the payment from "M." was made by the cheque of "M 's" solicitors. I do not know the date of the cheque. Refreshing my memory, I think it would be January 2, 1896. I believe the payment by Dr. Armitage was in April, 1896, but my recollec
<lb/>tion is that that did not pass through my hands. It was in April.</p>
<p>Dr.
<hi rend="smallCaps">ARMITAGE</hi>. I attend on subpoena. Proceedings for divorce were instituted against me by prisoner in 1896. I paid his solicitor £270 to settle the action.</p>
<p>Cross-examined. Prisoner's solicitors were Lane and Clutter
<lb/>buck, of Birmingham I had no dealings with Mr. Ward. I never saw prisoner.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-187" type="witnessName">
<interp inst="t19060723-name-187" type="gender" value="male"/>
<interp inst="t19060723-name-187" type="surname" value="JENNER"/>
<interp inst="t19060723-name-187" type="given" value="WILLIAM RICHARD"/>WILLIAM RICHARD JENNER</persName> </hi>, managing clerk to George Everett, solicitor. Mr. Everett acted as solicitor for prisoner in Ash
<lb/>well v. Ashwell and Tilley. I was in Court during the hearing in March, 1903, and heard prisoner give evidence on oath. To the best of my knowledge and belief he answered the questions as reported by Smeeton. The case was undefended, and there was a jury to assess the damages, Who assessed them at £1,250 against Tilley. My firm had no knowledge of any previous transactions in any divorce proceedings brought by the prisoner, nor of the payment by "M." of £1,000, or of any pay
<lb/>ment whatever. In May, 1906, Mr. Everett brought an action against prisoner for a sum of money owing to him for costs of the divorce proceedings. That action came on for hearing on May 10. I was present in court the whole time. Prisoner gave evidence on his own behalf, and was cross-examined by Mr. Evans, K. C. As near as I can say the first question put to prisoner was, "Had you made any complaint against your wife prior to the one in respect of Tilley?" and he answered, "I had." Mr. Evans then said, "Had you in the year 1895 ob
<lb/>tained a sum of £1,000 in respect of a charge against your wife of misconduct?" Prisoner answered, "£1,000 was paid, but I did not get it all." Mr. Evans asked prisoner whether the answers given to questions put in the Divorce Court, to which attention has been called to-day, were true or not. Prisoner said "No." Those questions were read over to him. I think the first question put to prisoner was, "Did you represent to the Court that your wife had always been a good wife until that time?" and the prisoner said, "I did." Mr. Evans asked him whether he had told Mr. Everett about the previous proceed
<lb/>ings, and he said, "Yes." Mr. Evans then asked whether he had instructed him in writing, and he said, "No; all my instruc
<lb/>tions were given to Mr. Everett verbally." Mr. Evans then produced to prisoner a written statement of the whole story</p>
<xptr type="pageFacsimile" doc="190607230051"/>
<p>given by himself to Mr. Everett in prisoner's own handwriting. (Same produced.) It is in prisoner's writing.</p>
<p>Cross-examined. I did not take a note of the questions and answers referred to in the proceedings in May, 1903. My recollection is based on what I have read in the shorthand-writer's transcript and from my memory, and also from what the defendant said to me at the time prior to the proceedings. We commenced to act for the prosecutor, Mr. Tilley, when we were instructed in these proceedings. We were not acting for They during his bankruptcy in November, 1905. I was not present at Tilley's public examination in November, 1905. We applied for a transcript of the evidence in the petition in 1903 in November, 1905. I do not know whether Tilley in his public examination in bank said that he knew that there had been other proceed
<lb/>ings, and that there ought to have been no damages—I was not present at the public examination. I have not been told that by Tilley since. I was acting as clerk to Mr. Everett in March, 1903. Prisoner consulted Mr. Everett a month or six weeks before I went to him. Q. How can you say that nothing was said by Ashwell to Everett about previous charges? A. All that I can say is that untill I heard in the course of the case of Everett v. Ashwell that other charges had been made I never knew anything of it. I am certain nothing was said in 1903. The proceedings had already been instituted when I went there. I have read the statement of prisoner through. I noticed that between 1894 and 1896 nothing is said, and I say that that conclusively shows that the instructions given to Mr. Everett contained nothing with reference to any proceed
<lb/>ings. If you refer to another part of those instructions, pri
<lb/>soner says, referring to the time they were at Chiswick, they were both popular locally and socially. He says nothing in that particular passage as to their being happy or as to the wife being a good mother to her children between 1894 and 1898. I cannot explain it except to say that the defendant's intention was that no one should know about the trouble with Armitage and "M." I say there was no knowledge of it. I could not say how many interviews Mr. Everett had with pri
<lb/>soner. He was worrying us every day, especially after the award of damages was given. There was no interview for about three weeks before the hearing. There were many interviews. I seriously say Everett and prisoner never had an interview at which I was not present, or which I did not know of, because Mr. Everett would immediately acquaint me: that would be the custom of the office. In the cross-examination by Mr. Evans, the original statement of prisoner was handed to him. His solici
<lb/>tors had had a copy of it. Prisoner perfectly understood that the questions of Mr. Evans were put on the shorthand note, be
<lb/>cause</p>
<xptr type="pageFacsimile" doc="190607230052"/>
<p>the transcript was mentioned. The question as to the written instructions came up after prisoner had stated that Mr. Everett knew all about the previous proceedings. It was two distinct occasions.</p>
<p>Re-examined. Mr. Evans specifically mentioned the impor
<lb/>tance of his questions. Prisoner on many occasions discussed his previous life with me before the action against Tilley came on. He led me to believe that until Tilley met his wife his life had been thoroughly happy, and he also mentioned the effect of the co-respondent's conduct on his children. Proof of prisoner's evidence was drawn up entirely on his statements to me. The evidence prisoner gave was in accord with the proof.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-188" type="witnessName">
<interp inst="t19060723-name-188" type="gender" value="male"/>
<interp inst="t19060723-name-188" type="surname" value="EVERETT"/>
<interp inst="t19060723-name-188" type="given" value="CHARLES"/>CHARLES EVERETT</persName> </hi> (called by the Judge). I acted as solicitor for the prisoner in the proceedings in Ashwell v. Ashwell and Tilley.</p>
<p>Cross-examined. I applied for a transcript of the evidence given in 1903 prior to my action against prisoner for the costs in the 1903 action. I think it was for the purposes of that case I wanted it. I thought it might be useful. It was certainly not my only object in bringing that case that I might put the trans
<lb/>script to my previous client Mr. Ashwell. I acted for Tilley after the hearing of my case against Ashwell. Tilley came and asked me to act for him. Prisoner has not received anything from Tilley through me. I received £30 as a portion of my costs from Tilley. I brought an action against Tilley for my costs, but not for the £1,250 damages. The taxed costs were £80, and I received £30 on account I proved in the bank
<lb/>ruptcy Mr. Tilley changed solicitors at that time and that prevented me getting any more. The new solicitors turned the handle of the machinery, and put him in the Bankruptcy Court and got nothing. I brought this proceeding on Tilley's ex
<lb/>press instructions. I do not see any serious objection to my acting for Mr. Tilley; my duty towards Ashwell had ceased for some years. I did not see any objection to it in the interests of justice. My relation with Ashwell had ceased for at least 18 months prior to my connection with this ease. I was not interested in the recovery of the damages and my costs against Tilley, because he bad become bankrupt. He did not become bankrupt till November, 1905; my case was March, 1906. I told prisoner that I was suing Tilley for my costs. It was prior to his taking the matter out of my hands that I sued Tilley. I am looking to Tilley for the costs of this prosecution. He has provided me with funds. Where he gets his funds from is nothing to do with me.</p>
<p>On the close of the case for the prosecution.</p>
<p>Mr. Elliott formally submitted that, assuming that the evidence to which he had objected ought not to have been admitted, there was no case to go to ✗he jury.</p>
<p>Mr. Justice Darling. I think there is other evidence even if that were</p>
<xptr type="pageFacsimile" doc="190607230053"/>
<p>out of the question. Evidence has been given by Jenner which would make it necessary to leave the case to the jury, even if I had excluded the evidence you objected to.</p>
<p>Mr. Elliott. If it should ultimately be held that that evidence ought not to have been admitted it would of course vitiate the indiciment.</p>
<p>Mr. Justice Darling. Absolutely—certainly.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-189" type="witnessName">
<interp inst="t19060723-name-189" type="gender" value="male"/>
<interp inst="t19060723-name-189" type="surname" value="ASHWELL"/>
<interp inst="t19060723-name-189" type="given" value="GEORGE YATE"/>GEORGE YATE ASHWELL</persName> </hi> (prisoner on oath). I was married in October, 1881, at which time I was an engineer, representing an engineering firm. My income was about £200 to £250, on a commission basis always, and it increased about that time. I was living in Birmingham in 1881; we moved alter about two years to Chiswick, and lived there till 1892. We then went to live in Wales, and removed at the end of 1893 or beginning of 1894 to Matheson Road, West Kensington. Up to that time I had had no trouble with my wife. My married life had been a perfectly happy one down to the beginning of 1895. In August, 1895, my wife was away on a holiday. A telegram came that made me suspicious. I employed detectives, and ascertained facts which led me to the conclusion that my wife was unfaithful to me. That was absolutely the first suspicion of any kind. I had three children. I had suspicion of one man, and had him and my wife watched. When she returned I found a telegram in her packet which made me suspicious of another man, and I extended the inquiries to him. I taxed her the day she came back, and I then went to the Birmingham solicitors, Lane, Clutterbuck, and Co., of Whom Mr. Ward was the London agent. I placed the matter in relation to both these suspected persons at the same time in the solicitors hands. There was no great distance of time between my dis
<lb/>covery of my wife's relations with the one and the other. A telegram that came when she was away put my suspicion on "M," who was the chairman of a company with which I was connected. I believe when she went for the holiday the had seen "M." for the last time, but her relation still existed with Dr. Armitage. The instructions to the Birmingham solicitors were given with regard to both on one paper. My solicitors eventually received £1,000 from "M.," which included costs. There had been above £1,000 expenses then. There was no petition with regard to "M." In the other case there was a petition, and I received £270, including costs, which were very considerable. I did not divorce my wife. My solicitors ad
<lb/>vised me not to do so. I was under great pressure to go back to my children. My wife was looking after the home; we had boarders; it was an expensive house, and she was looking after ✗. I had sent my children, away, and was living in rooms for about a year. It was put to me by friends that my children were of an age that anything coming out publicly would do</p>
<xptr type="pageFacsimile" doc="190607230054"/>
<p>them harm, and I condoned, and, as far as possible, forgot it, and returned to live with her. The scheme of which "M." was chairman was ruined. I had lost a settled income practi
<lb/>cally for life through it. "M." was to be chairman. I had got other directors on his name, which was a good name, and then when I found it out of course the whole tiling was ruined. I lived with my wife from the autumn of 1896 till Novem
<lb/>ber 12, 1902, a little over six years, during which I had the least occasion to suspect her fidelity. Our relations were practically restored. There was a scar, but the wound had healed. It was the happiest time I ever had with my children. During those six years I lived happily with her, and no claim or suggestion was made against any other person. In the winter of 1902 a lady staying with us suggested that there were a good many letters came addressed to a Miss Curtis after she had left us. This was in June, 1902. I opened a letter which began, "My dearest" and charged my wife with it. Finding it came from that man, I started off to his house, to kill him, I suppose, and was fetched back by my daughter. My wife swore on her knees there was nothing in it. that he was a foolish old man, and tranquillity was restored to an extent for the time. I knew Tilley as the churchwarden when I was there years ago. Everybody knew him. I did not communi
<lb/>cate with him, but I kept the letter. On Sunday, November 9, 1902, my wife having gone to a neighbour, I went to look for her and saw her near Tilley's house, the door of which was being fastened. I said, "Where did you come from?" and she told me she had been somewhere else. I knocked at the door and asked Tilley, "Is my wife here?" He said, "Just this minute gone." I said, "What is she doing here this time of night?" He said, "Do not make a noise." I knocked him over. He jumped up and ran off. I went back home and sent my wife to her room and did not occupy it again. I left my home after that and went to Mr. Everett for two or three days after. On the Monday I got a letter from Tilley, in which he said practically that nothing had happened, that he was absolutely innocent, but he had lent her money. I showed that letter to Everett, and on his advice instituted proceedings, citing Tilley as co-respondent and claiming damages; no one appeared and the case came on before the President as an undefended action. Mr. Hume Williams, K. C., and Mr. Dyer appeared for me. I was told by Everett's clerk that my wife and Tilley were in Court, but I did not see them. The shorthand note is correct down to the question, "During all that time was your married life a happy one or not?" (that is from 1881 to 1898. I did not understand that question, I had not got the date of it, and I did not answer—I hesitated—I was thinking, and while I was hesitating the counsel asked, "Did your wife look after</p>
<xptr type="pageFacsimile" doc="190607230055"/>
<p>her home?" I said, "Yes." I had not answered the pre
<lb/>vious question. If any specific date had been put, including 1895 or 1896. I should have said, "No, I left my home at that time." I said she was a good mother—she always was, and to she is. She was always kind and attentive to the children. They will not leave her now. She had the furniture settled on her and she keeps a boarding-house. I could not make a home and I have been there for a time—for the last 12 months I have had no other home. I am not living with her as husband and wife. I acted for the children's sake. It began when I had gone to see the children by one of them begging me to stay and I stayed all night. I think about November, 1904, I went back. I was away about two years. I was paying so much for my room and they wanted the money there and I had not another borne. I had not been making money, and I gave what I could. If I had any capital even now I would make a home for my children. The whole position was this—the furniture was settled on my wife by ante-nuptial settlement; I had no other home for my children, and was not making enough money to keep them in my own way. Therefore, when the took a home in her name I paid what I could and went there for the benefit of them generally, and also that the children's friends might know they had got a father. They removed into another neighbourhood, and tried to start again. I have not received a farthing from Tilley, and I have been sued by my own solicitor for the costs I incurred in enforcing my claim against him.</p>
<p>Cross-examined. I quite understand the questions that have been put to me to-day. I did not quite understand the ques
<lb/>tions put to me by Mr. Evans. Mr. Evans confuted me. It was nearly two years after the divorce that I went back to my wife's home. I went back so as to take what little I could there, and became my children were there. I had paid some
<lb/>thing towards the housekeeping expenses. My wife looked after the home and the children. She is not my wife; it is a well upon earth. I went there because I had no option. We live in the same house, but generally occupy separate rooms. If you want me to be very plain and say have I co
<lb/>habited with her—I have, so that there is no chance of mistake. We are not living as husband and wife. I have not been out with her all the time I have been there; I do not say "Good morning," or anything of that sort. She has not been a good wife since 1904. It is not a happy home for the children such as they had before. I thought that "M." had wronged me very deeply. Armitage I had never seen. I did not think there could be such serious harm with him. "M." was running a company in which I was working, and I had £16,000 promised, and "M." was the chairman. "M." had known her socially</p>
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<p>before we went to North Wales. He had been letting me spend 18 months of my life working on this scheme, and build
<lb/>ing up chances of a future for myself. I received £1,000 from "M." because I had been more than £1,000 wronged. I had been paying detectives watching him and her, and he had stopped the Hydro Company. At the first meeting of directors, when he should have been there, and I should have introduced the directors to him who had come on the board because of his name, he was not there, and I afterwards found that he was out with my wife. The £1,000 practically amounted to paying me back money that I had lost. There was no corroboration against "M." except that I had got the telegram. The claim against Armitage was left to my solicitors, Messrs. Lane and Clutter
<lb/>buck. He paid £270 by instalments. I received it to punish the man, if you like. I presume I saw the papers in Ashwell v. Ashwell and Tilley. I do not know if I saw the Advice on Evi
<lb/>dence. Document produced is in my writing and refers to the points on the Advice on Evidence.</p>
<p>Mr. Elliott objected that these documents could not be put to witness, as they could only be placed in the custody and control of Mr. Everett as solicitor to prisoner, and he could not produce them as solicitor to the prosecution.</p>
<p>Mr. Justice Darling. This it a question of privilege which the witness is entitled to claim or to waive.</p>
<p>Witness. I claim the privilege.</p>
<p>Mr. Hastings submitted there was no privilege, because the prisoner had in this Court alleged that Everett was aware that what prisoner was saying to the jury was not the truth, assuming he said it.</p>
<p>Mr. Justice Darling. The prisoner has not said it, nor hat Everett been cross-examined to it, therefore the basis of your contention is gone.</p>
<p>Cross-examination continued. Mr. Evans did not ask me whether I told Mr. Everett that I had instituted those proceed
<lb/>ings before or whether I had given the information to Everett. When I was being cross-examined the Judge said: "Did Mr. Everett know of this?" I said, "He knew I left my home?" The Judge: "Did you give your proof or instruction verbally or in writing?" I said, "Verbally," which is correct. I had not re
<lb/>membered that I had given this document. The Judge did not ask whether Everett knew all the transactions.</p>
<p>Cross-examination continued. I wrote to Tilley on November 12, 1902, that he had ruined our lives and the lives of our children, and if I had known it on Sunday night I should have killed him. It was true in this way: I had had six years of happiness; I had had a most comfortable home for my chil
<lb/>dren; he had been scheming with my wife and taken her out at different times. He had certainly absolutely ruined the home, broken it up, and the children knew they had no father and mother married; the children were at a different age than when "M." and Armitage had come on the scene. There was no scandal with regard to "M." or Armitage.</p>
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<p>Re-examined. During the six years that elapsed between my wife's first infidelity until the Tilley incident I lived happily with her and had reason to think she had entirely amended. She was a wonderfully good mother. What I had written down certainly represented my feeling at the time. Tilley made no offer of a smaller sum. He once offered to pay the costs in order to settle.</p>
<p>Verdict,
<rs id="t19060723-39-verdict-1" type="verdictDescription">
<interp inst="t19060723-39-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19060723-39-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
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<interp inst="def1-40-19060723" type="surname" value="ATTERBURY"/>
<interp inst="def1-40-19060723" type="given" value="BASIL JOHN"/>
<interp inst="def1-40-19060723" type="occupation" value="agent"/>
<hi rend="largeCaps">ATTERBURY</hi>, Basil John (45, agent)</persName>
<rs id="t19060723-40-verdict-1" type="verdictDescription">
<interp inst="t19060723-40-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-40-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-40-offence-1" type="offenceDescription">
<interp inst="t19060723-40-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19060723-40-offence-1" type="offenceSubcategory" value="sodomy"/>, to committing acts of gross indecency with
<persName id="t19060723-name-191" type="victimName">
<interp inst="t19060723-name-191" type="gender" value="male"/>
<interp inst="t19060723-name-191" type="surname" value="MORRIS"/>
<interp inst="t19060723-name-191" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-40-offence-1 t19060723-name-191"/>Edward Morris</persName>, and other male persons, and with attempting to commit with them, or some of them, unnatural and abominable crimes</rs>. Sentence,
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<interp inst="t19060723-40-punishment-36" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-40-punishment-36" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-40-19060723 t19060723-40-punishment-36"/>Seven years' penal servitude</rs>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>; Wednesday, July 25.</p>
<p>(Before Mr. Recorder.)</p>
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<p>
<persName id="def1-41-19060723" type="defendantName">
<interp inst="def1-41-19060723" type="gender" value="male"/>
<interp inst="def1-41-19060723" type="age" value="21"/>
<interp inst="def1-41-19060723" type="surname" value="BERGMANN"/>
<interp inst="def1-41-19060723" type="given" value="CARL"/>
<interp inst="def1-41-19060723" type="occupation" value="clerk"/>
<hi rend="largeCaps">BERGMANN</hi>, Carl (21, clerk)</persName>
<rs id="t19060723-41-verdict-1" type="verdictDescription">
<interp inst="t19060723-41-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-41-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-41-offence-1" type="offenceDescription">
<interp inst="t19060723-41-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19060723-41-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, to stealing 2, 870 fitch skins, a muff, and a tie, the goods of
<persName id="t19060723-name-193" type="victimName">
<interp inst="t19060723-name-193" type="gender" value="male"/>
<interp inst="t19060723-name-193" type="surname" value="ROSENTOWER"/>
<interp inst="t19060723-name-193" type="given" value="LUDWIG VICTOR"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-41-offence-1 t19060723-name-193"/>Ludwig Victor Rosentower</persName>, his master</rs>.
<rs id="t19060723-41-punishment-37" type="punishmentDescription">
<interp inst="t19060723-41-punishment-37" type="punishmentCategory" value="noPunish"/>
<interp inst="t19060723-41-punishment-37" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-41-19060723 t19060723-41-punishment-37"/>On the prisoner's application, judg
<lb/>ment was respited to next Sessions to enable restitution to be made</rs>.</p> </div1>
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<p>
<persName id="def1-42-19060723" type="defendantName">
<interp inst="def1-42-19060723" type="gender" value="male"/>
<interp inst="def1-42-19060723" type="age" value="35"/>
<interp inst="def1-42-19060723" type="surname" value="WILLIAMS"/>
<interp inst="def1-42-19060723" type="given" value="JOHN"/>
<interp inst="def1-42-19060723" type="occupation" value="cook"/>
<hi rend="largeCaps">WILLIAMS</hi>, John (35, cook)</persName>
<rs id="t19060723-42-verdict-1" type="verdictDescription">
<interp inst="t19060723-42-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19060723-42-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19060723-42-offence-1" type="offenceDescription">
<interp inst="t19060723-42-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19060723-42-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering three orders for payment of £8, £8, and £3 respectively, in each case with intent to defraud.</rs> </p>
<p>Mr. A. E. Gill, prosecuting, said Williams was evidently an assumed name, as prisoner was an Italian. On May 14 he went down to Brighton and there made the acquaintance of a restau
<lb/>rant-keeper named De Duca, who, he learned, had three brothers in business at Darlington, Hamilton, and Coatbridge. Next day, having returned to London, he despatched from the Post Office at Finsbury Park telegrams in Italian to the three brothers as from the Brighton De Duca. asking for the several amounts mentioned for the furtherance of an important affair in London. The applications were successful, and on the 16th prisoner returned to the office and collected the money. He appeared to have practised this fraud to some extent, being engaged in a similar way on June 1 at the Highbury Post Office, whence he was sending a telegram to an address in Italy. That case, however, was not taken up because of the difficulty of pro
<lb/>curing witnesses from that country.</p>
<p>Previous convictions were proved against prisoner, who is also wanted in Italy for similar offences.</p>
<p>Sentence,
<rs id="t19060723-42-punishment-38" type="punishmentDescription">
<interp inst="t19060723-42-punishment-38" type="punishmentCategory" value="imprison"/>
<interp inst="t19060723-42-punishment-38" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-42-19060723 t19060723-42-punishment-38"/>Nine months' imprisonment. Certified for expul
<lb/>sion under Aliens Act</rs>.</p> </div1>
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<p>
<persName id="def1-43-19060723" type="defendantName">
<interp inst="def1-43-19060723" type="gender" value="male"/>
<interp inst="def1-43-19060723" type="age" value="42"/>
<interp inst="def1-43-19060723" type="surname" value="SWALLOW"/>
<interp inst="def1-43-19060723" type="given" value="JAMES"/>
<interp inst="def1-43-19060723" type="occupation" value="manager"/>
<hi rend="largeCaps">SWALLOW</hi>, James (42, manager)</persName>
<rs id="t19060723-43-offence-1" type="offenceDescription">
<interp inst="t19060723-43-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19060723-43-offence-1" type="offenceSubcategory" value="fraud"/>; wilfully and with intent to defraud making certain false entries in and omitting mate
<lb/>rial particulars' from certain books and accounts belonging to
<persName id="t19060723-name-196" type="victimName">
<interp inst="t19060723-name-196" type="gender" value="indeterminate"/>
<interp inst="t19060723-name-196" type="surname" value="HAAGEN"/>
<interp inst="t19060723-name-196" type="given" value="TUNIS HERMANUS"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-43-offence-1 t19060723-name-196"/>Tunis Hermanus Haagen</persName> and another, his masters; obtaining by false pretences from
<persName id="t19060723-name-197" type="victimName">
<interp inst="t19060723-name-197" type="gender" value="indeterminate"/>
<interp inst="t19060723-name-197" type="surname" value="HAAGEN"/>
<interp inst="t19060723-name-197" type="given" value="TUNIS HERMANUS"/>
<interp inst="t19060723-name-197" type="occupation" value="tanner and leather merchant"/>
<join result="offenceVictim" targOrder="Y" targets="t19060723-43-offence-1 t19060723-name-197"/>Tunis Hermanus Haagen</persName> and another orders for payment of £14 13s. 4d., £28 5s., £19 13s. 4d., £19 13s. 4d., £4 10s., £49, £65, £105 8s. 4d., and £115 respec
<lb/>tively, in each case with intent to defraud.</rs> </p>
<p>Mr. George Elliott and Mr. Cecil E. Fitch prosecuted. Mr. Marshall Hall, K. C., and Mr. J. P Grain defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-198" type="witnessName">
<interp inst="t19060723-name-198" type="gender" value="male"/>
<interp inst="t19060723-name-198" type="surname" value="BLOOR"/>
<interp inst="t19060723-name-198" type="given" value="HERBERT THOMAS"/>HERBERT THOMAS BLOOR</persName> </hi>, of the firm of William Smart and Son, chartered accountants, Finsbury Pavement, examined by Mr. Fitch. On April 13 I was instructed to examine the books of the London branch of T. H. Haagen, Son, and Co., tanners and leather merchants, 67. St. Mary Axe. I spent from May 1 to May 12 with my clerks in going through the books. I was informed that a balance-sheet had been sent every year, from 1894 to 1905, to the Rotterdam house, and I was handed copies first of all, but I had occasion to ask for the originals. At
<lb/>tached is a list of debtors and creditors, which I also produce. Also the cash books from 1900 onwards. In the cash book for 1900, folio 197, December 31, I find this entry:—"Trade charges: Christmas boxes, as per private list, £15 8s. 6d." In the cash book for 1901, December 31, folio 57, I find the item: "Christmas boxes, as per private list, £12 5s." In the cash book for 1902, December 31, folio 160, I find the entry: "Trade charges: Christmas boxes, as per special list, £15." In the cash book for 1903. December 31, folio 19: "Christmas boxes, as per special list, £19 10s." In the cash-book for 1904, folio 143, December 31: "Christmas boxes, as per private list, £22 5s. "; and in the cash book for 1905, December 31, folio 19: "Christmas boxes, £24 14s." I asked prisoner for the lists, as they were all marked, "As per private list," and he said, "I have got them at home." I said, "That is a funny place to keep your business papers. Will you bring them, up to-mor
<lb/>row?" He said, "It is no use shuffling. I have not got them." That was on May 10. I said, "Surely you must have some lists?" He then looked in a pigeon-hole about his desk and produced a list for 1905 showing a number of names with amounts opposite to them totalling £8 12s. 6d. I pointed out that there was an error of £1 in the addition; it should have been £9 12s. 6d.; also that the amount entered in the cash book was £24 14s., and asked him to explain the difference and he said he could not. I said the Christmas boxes in the list ap
<lb/>peared to Be to the clerks and asked him if he had paid any others to tradesmen, etc., and he said he had not paid any money Christmas boxes other than those entered in the cash book, but there were Christmas boxes paid in the form of cigars and wines. In 1900 the staff was six clerks and the weekly</p>
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<p>wages were £5 15s. 6d. In 1901 seven clerks, and the weekly wages £7 19s.; 1902, seven clerks, weekly wages, £8 16s.; 1903, eight clerks, weekly wages, £10 13s. 6d.; 1904, eight clerks, weekly wages, £10 16s.; 1905, ten clerks, weekly wages, £13 16s. 6d. In 1905, therefore, the list of Christ
<lb/>mas boxes was in he proportion of two-thirds of the weekly wages, but according to the cash book, where no lists were pro
<lb/>duced, they considerably exceeded the weekly wages. On February 4, 1895, I find the entry T. H. Haagen, income-tax, in the cash bank column, £13 6s. 8d., and in the cash column, £1 6s. 8d. I have no cheque for either of those two amounts. The entries are in Mr. Swallow's handwriting. I produce two receipts for income-tax, one in the name of T. H. Haagen, Son, and Co. for £13 6s. 8d., and the other in the name of Mr. Swallow for £1 6s. 8d. In the 1896 cash book, folio 1, February 5, I find in the bank column £14 13s. 4d., T. H. Haagen, income-tax. I do not produce any cheque, but I pro
<lb/>duce two receipts, T. H. Haagen, Son, and Co., £13 6s. 8d., and J. Swallow, £1 6s. 8d. That would be on his commission for the year; he was paid by commission. In 1897, folio 80, I have the entry of £14 13s. 4d. for income-tax, and two re
<lb/>ceipts as before. With regard to that entry, I have a cheque dated February 2, 1897, signed T. H. Haagen, Son, and Co., the body of the cheque being filled up by Swallow to William Wood, income-tax collector. In April, 1898, folio 183, the entry for income-tax is £19 13s. 4d. A receipt to Haagen, Son, and Co. for £18 6s. 8d. has since been discovered. The cheque for £19 13s. 4d. is as before filled in by Swallow. The cheques would be sent over to Rotterdam to be signed. On March 15, 1899, there is a cheque to William Wood for income-tax, £19 13s. 4d., signed by T. H. Haagen, Son, and Co. There are two receipts, to Haagen for £18 6s. 8d. and to prisoner for £1 6s. 8d. On February 17, 1900, there is an entry of the payment of £19 13s. 4d. for income-tax by Haagen and Co., and there are two receipts as before. On June 13, 1901, there is a payment by Haagen to W. Wood of £37 income-tax. In that case there were two cheques, one for £32 10s. and one for £4 10s., both called in by prisoner. There is nothing in the body of the cheques to indicate for what purpose they were drawn. In 1902, March 24, there is an entry of a payment by Haagen and Co. of £49 in one cheque, and receipts for £43 15s. and £5 5s. to Haagen and Swallow. On May 2, 1903, the payment for income-tax is £65, and the cheque is filled in by prisoner, there being two receipts, one to Haagen for £56 5s. and one to prisoner of £8 15s. On March 15, 1904, there is an entry in the cash book of £105 8s. 4d. for income-tax, payable to H. E. Heyworth, the collector. I have only one receipt in respect of that £82 10s. to Haagen. On March 17, 1905, there is an entry for income-tax of £115, and the cheque is in the hand
<lb/>writing</p>
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<p>of prisoner. I have only one receipt for that £90 to T. H. Haagen and Son. At the time I saw these entries of payments of income-tax I had not seen Mr. Swallow's agree
<lb/>ment. I asked him if the agreement allowed him to pay his income-tax out of the firm's funds, and he said it did not. He also said, "I ought not to have done it." I said, "You do not appear to have been very particular with other people's money. In the last few years you have not only paid your income-tax, but you have paid considerably more than you ought to have done." On £500 he would have been entitled to an abatement of £150. He said he knew he had, and would try to get it back. I said, "For yourself or the firm?" To which he made no reply. All these entries were duly passed in the ledger under the head "T. H. Haagen's account." For the year 1905 there are details of travelling expenses amounting to £355 0s. 9d. The amount of Mr. Swallow's travelling expenses is £246 16s. The average of his travelling expenses in previous years was £40 or £50. I asked Mr. Swallow for a list of his expenses. He said he had not got a list; the figure was only put in to reduce the cash balance. I asked him if there was anything due to him I He said there was not. I asked him if there was anything due to other travellers? He said, "No, everybody had been paid." On March 7, 1894, when accused took over the management, the balance carried forward was £15 7s. 4d. Prisoner told me that was the balance he took over. In the balance-sheet, at the end of that year, signed "T. H. Haagen, Son, and Co., James Swallow, manager," there is sup
<lb/>posed to be £57 16s. 7d. cash in hand. In 1895 the figure had risen to £126 4s. 11d.; in 1896 to £211 5s. That balance-sheet was not signed by him; the previous one's were.</p>
<p>Mr. Grain. Balance-sheets not signed by the prisoner are not ad
<lb/>missible in evidence. The opening was that Messrs. Smallfield and Co., the accountants, audited the books, and made out balance-sheets. My friend suggested that they ought to have sent them direct to Rotterdam, but did not, but handed them to prisoner for the purpose of transmitting to Rotterdam. That may very well be, but they were responsible for the balance-sheets, and unless prisoner signed them I submit he would not be responsible for the figures upon them.</p>
<p>The Recorder. He is manager and responsible for the books. You may be able to show by calling him that he was only there as superin
<lb/>tendent, and that the accepted these balance-sheets which subsequently turned out to be inaccurate, but if they were forwarded by him to Rotterdam surely they are evidence against him.</p>
<p>Mr. Grain. On my friend's opening, it was upon the accountants that the responsibility rested year by year to audit these books and to put forward the balance-sheets. Prisoner had nothing whatever to do with the making out of the balance-sheets. Some be signed; those I admit by his signature he renders himself responsible for.</p>
<p>The Recorder. Do you dispute that he was sole manager in London, and forwarded the balance-sheets to his principals in the ordinary way?</p>
<p>Mr. Grain. No, but I do not admit that he is responsible here, became a man may receive a letter for or on behalf of his principals</p>
<xptr type="pageFacsimile" doc="190607230061"/>
<p>as a servant may receive a letter for or on behalf of his or her matter without being responsible for the contents.</p>
<p>The Recorder. With regard to the business dealings for the year he satisfied himself no doubt that they were correct representations of the accounts.</p>
<p>Mr. Grain. My submission is that until you get his signature or his acquiescence in some other form to the figures he is not respon
<lb/>sible for them.</p>
<p>The Recorder. I quite agree that unless you had hit acquiescence in some form—supposing, for instance, they had been forwarded direct by the accountants without his having seen them, they would not be evidence against him; but if they are submitted to him, and he accepts them, and forwards them to his principals as being a correct record as vouched for by the accountants, of his dealings for the year, I cannot exclude the evidence. You may say he is not responsible.</p>
<p>Mr. Fitch. I cannot call all the witnesses. That is the difficulty I am in. None of the rest are signed.</p>
<p>Examination continued. In 1897 the balance carried for
<lb/>ward was £223 7s. 7d.; in 1896, £243 1s. 4d.; in 1899, £309 8s. 1d.; in 1900, £366 14s. 8d.; in 1901, £424 11s. 2d.; 1902, £434 15s. 6d.; 1903, £630 18s. 9d.; 1904, £749 16s. 1d.; 1905, £699 17s. 10d. From 1896 onwards instead of the wording being "cash in hand" or "cash in the office" only it was "cash in hand and bills receivable." This was not a business in which "cash in hand" to the extent of more than a few pounds was required, it being a manufacturing, not a retail business. The accountants certified the balance-sheets as cor
<lb/>rect in the usual form found on the balance-sheet of every company and private firm. With reference to the 1905 balance-sheet, I asked Mr. Swallow to produce his cash books and open the sale. There was practically nothing inside the safe, but according to the balance-sheet there should have been £699. I asked him where the money had gone to, and he said it had been spent. I asked him if he meant that he had had it, and he said, "I am responsible for it." I said, "You mean to say that nobody else in the office can have made away with it?" He said, "I alone am responsible." I asked him if the ac
<lb/>countants had ever asked him to allow them to count the cash, tie said, "No; if they had it would have been found out from the first year. I wish your firm had been appointed, and I do not think it would ever have happened." I asked him how what he was now telling me agreed with what he had written to the firm. He said what he had written to the firm was not correct. As a matter of fact at no time in the history of T. H. Haagen, Son, and Co. were there any of the cheques and bills which were sot out in these letters. The cheques were always entered directly they were received and paid into the bank. I asked him to let me see Thompson's bill, and he produced to me a document which was only half a bill. It was accepted by Robert, Thompson, but not drawn, and it was dated Septem
<lb/>ber 7, eight years before. I asked him if he seriously expected me to take that as part of the cash balance, as it looked to me</p>
<xptr type="pageFacsimile" doc="190607230062"/>
<p>like a private transaction of his own. He said he had lent money to Mr. Thompson, who was a private friend, and had originally intended it as a private transaction, and expected to get the money back within the month that the bill was made out for. I have a cheque for £15 drawn by T. H. Haagen, Son, and Co. on February 3, 1906, and also one for £20 10s. 4d., payable to Bornstone, and crossed "National Provincial Bank of England, James Swallow." It is an account for cigars. I had previously asked prisoner if he had any objection to show
<lb/>ing me his private pass books. He said he had not, but they were at home, and he would bring them up next day, which he did. He said the £20 10s. 4d. had gone through his private pass book, and the £15 cheque might have gone through on the same day. He told me he had paid Bornstone with his own cheque, and that the account was for cigars, cigarettes, and such like for Christmas boxes, and that the cheque for £20 10s. 4d. was paid in against what he had paid Mr. Bornstone. The cheque produced, drawn by T. H. Haagen, Son, and Co. for £28 5s., is to Dan Albone, dated May 11, 1897. The body of that cheque is in the handwriting of Mr. Swallow. The entry in the cash book is not in May, but in December. In consequence of what I had heard from Mr. Jacoby, the manager, I asked Mr. Swallow if he had bought two bicycles. He said he had—one for himself and one for his wife. I showed him the entry and told him the firm had paid for them. Albone is a cycle dealer. In 1897 the amount was rightly entered in the ledger to Mr. Swal
<lb/>low's debit, but in 1898 it was standing to his credit and trans
<lb/>ferred to T. H. Haagen. It ought to have been deducted from his commission. I find, according to the books, the total turn
<lb/>over in 1895 was £17, 775, inclusive of goods obtained from the Rotterdam house and strap butts. The strap butts are the finest part of the leather. Taking 2 per cent, commission on the balance, £253 10s. 9d., and 1 per cent, on the strap butts, £23 19s. 9d., there was due to Mr. Swallow, £277 10s. 6d. He actually drew £325 13s. 6d. In 1896 the amount due to him was £303 12s.; he actually drew £347 11s. In 1897 the amount due to him was £311 10s. 3d., and he drew £352 12s. 6d.; in 1898 £327 19s. 6d. was due to him, and he drew £411 3s. 7d., including £28 5s. for two bicycles. In 1899 the amount due was £340 19s. 11d., and he drew £381 3s. 1d. In 1900 £365 19s. 7d. was due to him, and he drew £401 16s. 3d. In 1901, £404 13s. 4d. was due to him, and he drew £438 13s. 9d.; in 1902, £435 12s. 5d., and he drew £477 13s. 3d.; in 1903, £411 11s. 10d., and he drew £445 9s. 8d.; in 1904 £408 16s. 3d. was due, and he drew £438 18s. 7d.; in 1905 £452 13s. 7d. due, and he drew £487 6s. 4d., the total overdrafts being £467 3s. 2d. Between 1895 and 1905 the turnover of the business had in
<lb/>creased from £17, 775 to £24, 350. At the end of the interview</p>
<xptr type="pageFacsimile" doc="190607230063"/>
<p>on May 10, 1905, prisoner completely broke down and he ended up by saying he supposed that most men in his position would blow their brains out or bolt. He added, "I shall not do either. I shall stop and face the music and take the punishment like a man." I told him it was a very painful position for me to be in, but I was only there to do my duty, and he thanked me for the way I had conducted the inquiry.</p>
<p>Cross examination reserved.</p>
<p>
<hi rend="smallCaps">
<persName id="t19060723-name-199" type="witnessName">
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<interp inst="t19060723-name-199" type="given" value="TUNIS HERMANUS"/>TUNIS HERMANUS HAAGEN, JUN</persName> </hi>., partner in the firm of T. H. Haagen, Son, and Co., tanners and leather merchants, Rotter
<lb/>dam and London. In March, 1894, we appointed the prisoner manager of our London branch. My father is advanced in years and does not take much part in the business. Before that prisoner had been in our employment as clerk since 1887. We looked upon him as a very able man of business and had un
<lb/>limited confidence in him. The terms of Mr. Swallow's em
<lb/>ployment were embodied in a letter of August, 1894, signed by my father. He was to have 2 per cent on the turnover, with the exception of goods brought from Rotterdam, and he was to have 1 per cent. on strap butts. Strap butts are supposed to be the better part of the hide, which is cut into straps to make leather belting for machinery. These ran into big money, and therefore we appointed only 1 per cent. Prisoner had no power to draw upon our account at the National Provincial Bank. All cheques were sent to Rotterdam for endorsement and then sent back to be paid into our account. We partly buy the skins in England and partly in Holland. They are manufactured partly in Rotterdam; but we have two other factories as well. The management in England is confined to purchasing these skins and selling what we manufacture in Rotterdam. Sometimes, but very seldom, we asked him to buy for us. He was to have no commission on that at all. In case he wanted money he would send to me cheques in which he put the name of the payee and the amount. For wages we sent him bearer cheques in batches of five. For his own com
<lb/>mission he would get a special cheque; he filled in the amount and we returned it; we left the particulars to him. If the amount had suddenly sprung up we might have asked about it. From 1894 to 1905 the firm received balance-sheets from time to time. They came regularly up to 1903, but we only got the 1904 balance-sheet in February of this year. The balance-sheet for 1905 we received in April. Messrs. Small
<lb/>field, Rawlins, and Co. were appointed by Mr. Swallow ac
<lb/>countants to check our books, and I approved. When we received the 1904 balance-sheet we wrote prisoner about the item of "cash in hand and bills receivable, "£749 16s. 1d., and received a letter in reply. In April, 1906, when we received the balance-sheet for 1905, we again wrote, and again received</p>
<xptr type="pageFacsimile" doc="190607230064"/>
<p>a reply. (The letters in question were read, in which prisoner accounted for the item by a number of false entries.) Prisoner had no authority from the firm to buy bicycles for himself or draw upon the funds of the firm for payment. When the cheque for £28 5s. was signed I did not know it was for bicycles; I knew nothing about the bicycles. The cheque was an ordinary trade cheque. The first we heard of the bicycles was when Mr. Bloor was investigating our books in May of this year. I come over in May and had a conversation with prisoner about the conduct of the London business. I asked him how it was possible he could have deceived me in the way he had done, having regard to the kind treatment he had always received from my father and myself. Prisoner always stayed with us in Holland when he paid business visits, which he did about twice a year. He did not give a straight
<lb/>forward answer to my question, but said it was the happiest day he had ever had in his life now that I had found out his conduct and the load was off his mind. Last time he was in Rotterdam the chef de bureau had asked him why he wanted so much money to conduct the London business. He said he would have liked to have told all then but he was afraid to do so. Talking about the auditing of our books, he said he would have liked that the new accountants, Messrs. Smart and Son, should always have audited our books, and then irregularities would not have taken place. He further stated that the old accountants never checked his cash. Prisoner was very much distressed, and broke down several times.</p>
<p>(Thursday, July 26.)</p>
<p>
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<