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<p>1906, NOVEMBER.</p>
<p>Vol. CXLVI.] [Part 865.</p>
<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>TRELOAR, MAYOR.</p>
<p>FIRST SESSION,</p>
<p>HELD NOVEMBER 19TH, 1906, AND FOLLOWING DAYS.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORTHAND BY</p>
<p>
<persName id="t19061119-name-1">
<interp inst="t19061119-name-1" type="gender" value="male"/>
<interp inst="t19061119-name-1" type="surname" value="WALPOLE"/>
<interp inst="t19061119-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="t19061119-name-2">
<interp inst="t19061119-name-2" type="gender" value="male"/>
<interp inst="t19061119-name-2" type="surname" value="WALPOLE"/>
<interp inst="t19061119-name-2" type="given" value="GEO"/>GEO. WALPOLE</persName>, 1, NEW COURT, LINCOLN'S INN, W.C.</p>
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<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, November 19th, 1906, and following days.</p>
<p>Before the Right Hon. Sir
<hi rend="largeCaps">WILLIAM PURDIE TRELOAR</hi>, Bart.,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; the Hon. Sir
<hi rend="smallCaps">
<persName id="t19061119-name-3" type="judiciaryName">
<interp inst="t19061119-name-3" type="gender" value="male"/>
<interp inst="t19061119-name-3" type="surname" value="GRANTHAM"/>
<interp inst="t19061119-name-3" type="given" value="WILLIAM"/>WILLIAM GRANTHAM</persName> </hi>, Knight, one of the Justices of His Majesty's High Court; Sir
<hi rend="smallCaps">
<persName id="t19061119-name-4" type="judiciaryName">
<interp inst="t19061119-name-4" type="gender" value="male"/>
<interp inst="t19061119-name-4" type="surname" value="EVANS"/>
<interp inst="t19061119-name-4" type="given" value="DAVID"/>DAVID EVANS</persName> </hi>, K.C.M.G.,
<hi rend="smallCaps">CAPTAIN W. C. SIMMONS</hi>, Lieut.-Col.
<hi rend="smallCaps">
<persName id="t19061119-name-5" type="judiciaryName">
<interp inst="t19061119-name-5" type="gender" value="male"/>
<interp inst="t19061119-name-5" type="surname" value="HANSON"/>
<interp inst="t19061119-name-5" type="given" value="FRANCIS STANHOPE"/>FRANCIS STANHOPE HANSON</persName> </hi>, Sir. J.
<hi rend="smallCaps">KNILL</hi>, Bart., Sir J.
<hi rend="smallCaps">POUND</hi>, Bart., J.
<hi rend="smallCaps">HOWSE</hi>, Esq., Aldermen of the said City; Sir
<hi rend="smallCaps">FORREST FULTON</hi>, Knight, K.C., Recorder of the said City;
<hi rend="smallCaps">
<persName id="t19061119-name-6" type="judiciaryName">
<interp inst="t19061119-name-6" type="gender" value="male"/>
<interp inst="t19061119-name-6" type="surname" value="BOSANQUET"/>
<interp inst="t19061119-name-6" type="given" value="FREDERICK ALBERT"/>FREDERICK ALBERT BOSANQUET</persName> </hi>, Esq., K.C., Common Serjeant of the said City; His Honour Judge
<hi rend="smallCaps">
<persName id="t19061119-name-7" type="judiciaryName">
<interp inst="t19061119-name-7" type="gender" value="male"/>
<interp inst="t19061119-name-7" type="surname" value="SMITH"/>
<interp inst="t19061119-name-7" type="given" value="LUMLEY"/>LUMLEY SMITH</persName> </hi>, K.C., Commissioner, 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>
<hi rend="smallCaps">THOMAS BOOR CROSBY</hi>, Esq., Alderman</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-8" type="judiciaryName">
<interp inst="t19061119-name-8" type="gender" value="male"/>
<interp inst="t19061119-name-8" type="surname" value="DUNN"/>
<interp inst="t19061119-name-8" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY DUNN</persName> </hi>, Esq.</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>
<hi rend="smallCaps">HENRY RIDGE GREENHILL</hi>, Esq.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-9" type="judiciaryName">
<interp inst="t19061119-name-9" type="gender" value="male"/>
<interp inst="t19061119-name-9" type="surname" value="TIMBRELL"/>
<interp inst="t19061119-name-9" type="given" value="ANDREW WILLIAM"/>ANDREW WILLIAM TIMBRELL</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">TRELOAR, MAYOR. FIRST SESSION</hi>.</p>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>; Monday, November 19.</p>
<p>(Before the Recorder.)</p>
<p>
<persName id="t19061119-name-10">
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<interp inst="t19061119-name-10" type="age" value="31"/>
<interp inst="t19061119-name-10" type="surname" value="RICE"/>
<interp inst="t19061119-name-10" type="given" value="BLANCHE"/>
<interp inst="t19061119-name-10" type="occupation" value="married women"/>
<hi rend="largeCaps">RICE</hi>, Blanche (31, married women)</persName> pleaded guilty, at last Session see preceding volume, page 583) to larceny. She was now sentenced to one month's imprisonment, as from the first day of last Session, entitling her to be discharged immediately.</p>
<p>
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<interp inst="t19061119-name-11" type="age" value="17"/>
<interp inst="t19061119-name-11" type="surname" value="STEHR"/>
<interp inst="t19061119-name-11" type="given" value="EMILY EDITH"/>
<interp inst="t19061119-name-11" type="occupation" value="servant"/>
<hi rend="largeCaps">STEHR</hi>, Emily Edith (17, servant)</persName> pleaded guilty at last Session (see preceding volume, page 573) to endeavouring to conceal birth of a child. Arrangement having been made through Mr. Prance, the Court Missionary, for prisoner to be cared for in a home, she was released in her own recognisances in £50 to come up for judgment when called upon.</p>
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<hi rend="largeCaps">WARRINGTON</hi>, John (18, sawyer)</persName>
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<interp inst="t19061119-3-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
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<interp inst="t19061119-3-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19061119-3-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, to breaking and entering a place of Divine worship, the
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<join result="offencePlace" targOrder="Y" targets="t19061119-3-offence-1 t19061119-geo-2"/>Barton Court Mission Hall</placeName>, Shoreditch</placeName>, and stealing therein two blouses and other articles, the goods of the Rev.
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<interp inst="t19061119-name-13" type="gender" value="male"/>
<interp inst="t19061119-name-13" type="surname" value="THORNEWALL"/>
<interp inst="t19061119-name-13" type="given" value="ROBERT SURTEES"/>
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<join result="offenceVictim" targOrder="Y" targets="t19061119-3-offence-1 t19061119-name-13"/>Robert Surtees Thornewall</persName> </rs>; he also confessed to a conviction at this Court of a similar felony on February 6 last. Sentence,
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<interp inst="t19061119-3-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-3-punishment-1" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-3-19061119 t19061119-3-punishment-1"/>Six months' hard labour</rs>.</p> </div1>
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<hi rend="largeCaps">KING</hi>, Henry George (40, traveller)</persName>
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<interp inst="t19061119-4-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-4-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
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<interp inst="t19061119-4-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19061119-4-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering an order for the payment of £1 5s.</rs>; to another indictment for forgery and uttering an order for payment of 15s. he pleaded guilty, and the charge was not proceeded with. Sentence,
<rs id="t19061119-4-punishment-2" type="punishmentDescription">
<interp inst="t19061119-4-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-4-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-19061119 t19061119-4-punishment-2"/>Three months' imprisonment in the second division</rs>.</p> </div1>
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<interp inst="def1-5-19061119" type="occupation" value="soldier"/>
<hi rend="largeCaps">HUCKER</hi>, Albert (38, soldier)</persName>
<rs id="t19061119-5-verdict-1" type="verdictDescription">
<interp inst="t19061119-5-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
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<interp inst="t19061119-5-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19061119-5-offence-1" type="offenceSubcategory" value="forgery"/>, guilty to forging and utter
<lb/>ing three orders for the payment of £3 15s. 6d., £3 5s. 2d., and £3 15s. 6d., with intent to defraud; also to stealing six blank cheque forms, the goods of
<persName id="t19061119-name-16" type="victimName">
<interp inst="t19061119-name-16" type="gender" value="male"/>
<interp inst="t19061119-name-16" type="surname" value="HEPBURN"/>
<interp inst="t19061119-name-16" type="given" value="GORDON FRANKLIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-5-offence-1 t19061119-name-16"/>Gordon Franklin Hepburn</persName> </rs>. Sentence,
<rs id="t19061119-5-punishment-3" type="punishmentDescription">
<interp inst="t19061119-5-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-5-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-5-19061119 t19061119-5-punishment-3"/>Three months' hard labour</rs>.</p> </div1>
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<persName id="def1-6-19061119" type="defendantName">
<interp inst="def1-6-19061119" type="gender" value="male"/>
<interp inst="def1-6-19061119" type="age" value="39"/>
<interp inst="def1-6-19061119" type="surname" value="ROBSON"/>
<interp inst="def1-6-19061119" type="given" value="PERCY HENRY"/>
<interp inst="def1-6-19061119" type="occupation" value="postman"/>
<hi rend="largeCaps">ROBSON</hi>, Percy Henry (39, postman)</persName>
<rs id="t19061119-6-verdict-1" type="verdictDescription">
<interp inst="t19061119-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-6-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-6-offence-1" type="offenceDescription">
<interp inst="t19061119-6-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19061119-6-offence-1" type="offenceSubcategory" value="mail"/>, to stealing a post letter containing a postal order for 9s. the property of the Postmaster-General, he being employed under the Post Office;</rs> </p>
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<persName id="def2-6-19061119" type="defendantName">
<interp inst="def2-6-19061119" type="gender" value="male"/>
<interp inst="def2-6-19061119" type="age" value="29"/>
<interp inst="def2-6-19061119" type="surname" value="DAVIS"/>
<interp inst="def2-6-19061119" type="given" value="FREDERICK MONTAGU"/>
<interp inst="def2-6-19061119" type="occupation" value="piano finisher"/>
<hi rend="largeCaps">DAVIS</hi>, Frederick Montagu (29, piano finisher)</persName>
<rs id="t19061119-6-verdict-1" type="verdictDescription">
<interp inst="t19061119-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-6-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-6-offence-2" type="offenceDescription">
<interp inst="t19061119-6-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19061119-6-offence-2" type="offenceSubcategory" value="mail"/>, to feloniously receiving three postal orders for £1, 10s., and 9s., the property of the Postmaster-General; also to forging and uttering two receipts for the payment of £1 and 10s., with intent to defraud.</rs> </p>
<p>Sentence, Each
<rs id="t19061119-6-punishment-4" type="punishmentDescription">
<interp inst="t19061119-6-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-6-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19061119 t19061119-6-punishment-4"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-6-19061119 t19061119-6-punishment-4"/>nine months' hard labour</rs>.</p> </div1>
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<hi rend="largeCaps">SIEDEL</hi>, Alexander (21, waiter)</persName>
<rs id="t19061119-8-verdict-1" type="verdictDescription">
<interp inst="t19061119-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-8-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-8-offence-1" type="offenceDescription">
<interp inst="t19061119-8-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19061119-8-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering a request for the payment of £28, and a receipt for the said sum, with intent to defraud.</rs> </p>
<p>Sentence,
<rs id="t19061119-8-punishment-5" type="punishmentDescription">
<interp inst="t19061119-8-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-8-punishment-5" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19061119 t19061119-8-punishment-5"/>Nine months' hard labour</rs>;
<rs id="t19061119-8-punishment-6" type="punishmentDescription">
<interp inst="t19061119-8-punishment-6" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19061119-8-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19061119 t19061119-8-punishment-6"/>certified for expulsion under the Aliens Act</rs>.</p> </div1>
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<p>
<persName id="def1-9-19061119" type="defendantName">
<interp inst="def1-9-19061119" type="gender" value="male"/>
<interp inst="def1-9-19061119" type="surname" value="FREAK"/>
<interp inst="def1-9-19061119" type="given" value="ERNEST"/>
<hi rend="largeCaps">FREAK</hi>, Ernest</persName>
<rs id="t19061119-9-offence-1" type="offenceDescription">
<interp inst="t19061119-9-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19061119-9-offence-1" type="offenceSubcategory" value="receiving"/>; feloniously receiving three pieces of rope, the goods of
<persName id="t19061119-name-21" type="victimName">
<interp inst="t19061119-name-21" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-9-offence-1 t19061119-name-21"/>Samuel Williams and Sons, Limited</persName>.</rs> </p>
<p>Mr. Bodkin and Mr. Cecil Fitch prosecuted. Mr. Travers Hum
<lb/>phreys defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-22" type="witnessName">
<interp inst="t19061119-name-22" type="gender" value="male"/>
<interp inst="t19061119-name-22" type="surname" value="FROGLEY"/>
<interp inst="t19061119-name-22" type="given" value="ROBERT"/>ROBERT FROGLEY</persName> </hi>, lighterman. I was deck-hand on the steam-tug "Queen," belonging to prosecutors. On October 9 we tugged some barges down to Beckton; they were moored there safely at 9.30 p.m., with four tow ropes and two headfasts. At 7.30 next morning the barges were found adrift and the ropes had been taken. On October 17 I went to Wapping Police Station and was shown the three pieces of rope produced—one tow rope and two headfasts. They are Messrs. William's ropes, and were taken from these barges. On October 18 I was shown a fourth piece (produced). It is William's rope, but I cannot identify it as having been with these barges.</p>
<p>Cross-examined. I identify the rope by the tape running through it and by our whipping; we have a particular way of whipping.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-23" type="witnessName">
<interp inst="t19061119-name-23" type="gender" value="male"/>
<interp inst="t19061119-name-23" type="surname" value="HAWKS"/>
<interp inst="t19061119-name-23" type="given" value="CHARLES"/>CHARLES HAWKS</persName> </hi>, lighterman, another deck hand on the "Queen." I assisted to moor the barges at Beckton on October 9. On the 17th I went to the police station and identified the three pieces of rope produced as part of what we moored the barges with. On the 18th I was shown the fourth piece; it is Williams's rope, but was not used to moor the barges on the 9th.</p>
<p>Cross-examined. I am certain this is Williams's rope. We all know our own rope by using it so often. We know our own whipping.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-24" type="witnessName">
<interp inst="t19061119-name-24" type="gender" value="male"/>
<interp inst="t19061119-name-24" type="surname" value="STUBBING"/>
<interp inst="t19061119-name-24" type="given" value="HARRY ERNEST"/>HARRY ERNEST STUBBING</persName> </hi>, clerk to prosecutors, identified the three pieces of rope as their property, of the value of 45s.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-25" type="witnessName">
<interp inst="t19061119-name-25" type="gender" value="male"/>
<interp inst="t19061119-name-25" type="surname" value="NEWMAN"/>
<interp inst="t19061119-name-25" type="given" value="JOHN"/>JOHN NEWMAN</persName> </hi>, foreman to Barnett, marine store dealer, Limehouse. I knew prisoner as a customer. He is a marine store dealer at East Street, Greenwich. On October 13, about seven o'clock a.m., he called at our place. He had 26 cwt. of Manilla rope in a van. This we weighed and bought of prisoner at £15 a ton. This rope we kept separately from our other stuff. On October 15 the police came and took away three pieces of the rope. I did not know whose rope it was when I bought it. It was coiled up with the other Manilla rope brought by prisoner and was in a wet condition.</p>
<p>Cross-examined. Barnett is in a large way of business and employs several hands. We buy from other marine store dealers, and from</p>
<xptr type="pageFacsimile" doc="190611190007"/>
<p>different shipping lines. Quarter of a hundredweight is the lowest lot we purchase. We buy about 20 tons of rope a month. When rope is brought in to us we put it in a drying house and hang it up to dry. Prisoner has been in the habit of selling us rope for four or five years. In the rope hole, or drying house, we should often have five tons at a time. When he called on the 13th prisoner had one of hit men with him; he helped to unload the van and scale the rope. Prisoner brought altogether 20 or 30 coils rope. These three pieces were in the different coils; some of the stuff was dredge rope. I am certain Freak's rope was kept separate.</p>
<p>Detective
<hi rend="smallCaps">ALEXANDER MCHATTIE</hi>, Thames Police. On October 13 I saw prisoner at his place in Crane Court, Greenwich. I told him I was making inquiries about some rope that had been stolen from Williams's Roads at Beckton between the 9th and 10th and handed him a written description of the rope. I asked him whether he had bought anything like that. He said, "No, I have not bought anything like that, but I have heard it was stolen and it went up to Brown's. (That is another dealer.) You need not say I said anything. It was taken there by Armitage, the waterman. I am only telling you this because I do not like to see honest men like these dredgermen—point
<lb/>ing to some men outside—get the blame for it. I do not expect you will find it now as he sent some rope away the other morning." I went to Brown's and looked over his stock and found no rope answering the description. Prisoner did not offer to show me his book.</p>
<p>Cross-examined. I did not ask him for the book. I have since seen the book. It is kept as required by the Act. I know then pri
<lb/>soner, besides being a marine store dealer, lets out boats for hire, and has a raft. He told me something about having himself lost some rope. It was not in answer to my question, "Have you seen any rope like that described here?" that he spoke about Brown and Armitage. This conversation was on a Saturday; I made my note on the Monday following.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-26" type="witnessName">
<interp inst="t19061119-name-26" type="gender" value="male"/>
<interp inst="t19061119-name-26" type="surname" value="REYNOLDS"/>
<interp inst="t19061119-name-26" type="given" value="JOSEPH"/>JOSEPH REYNOLDS</persName> </hi>. I am a labourer and work for Barnett. On October 13 prisoner came to Barnett's with a lot of rope in the van. I helped to unload it and put it on the weighbridge, and after the sale I helped, with prisoner's man, to put it in our rope hole. On October 15 the rope was still where I had put it. Prisoner came again on that day and sold us some more rope, which I put with what we had bought on the 13th.</p>
<p>Cross-examined. I am sure all this rope was put in a separate place;--was mixed rope, but all in one condition. We have different stacks for Manilla rope and hemp rope. This was all Manilla. The 26 cwt. bought on the 13th was all Manilla; that bought on the 15th included 1 1/2 cwt. of hemp rope. Prisoner has been bringing rope to us for the last five years, generally dredge rope, and very wet and dirty. I am sure no other rope wit mixed with this between the Saturday and Monday.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-27" type="witnessName">
<interp inst="t19061119-name-27" type="gender" value="male"/>
<interp inst="t19061119-name-27" type="surname" value="BROWN"/>
<interp inst="t19061119-name-27" type="given" value="HENRY PHILIP"/>HENRY PHILIP BROWN</persName> </hi>, marine store dealer, East Street, Greenwich. On October 13 two constables Came and examined My premises and</p>
<xptr type="pageFacsimile" doc="190611190008"/>
<p>books. On October 11 I had bought some Manilla rope, an old "fender," from a waterman named Armitage; that deal was entered in my book. I had disposed of that rope before the police came.</p>
<p>Cross-examined. Prisoner cannot have known of my deal with Armitage; he may have seen Armitage go down the street to my shop.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-28" type="witnessName">
<interp inst="t19061119-name-28" type="gender" value="male"/>
<interp inst="t19061119-name-28" type="surname" value="HARTLAND"/>
<interp inst="t19061119-name-28" type="given" value="FRANCIS"/>FRANCIS HARTLAND</persName> </hi>, Detective, Thames Police. On October 15 I went to Barnett's premises and found there the three pieces of rope produced; they were taken to the station sad identified by the wit
<lb/>nesses.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-29" type="witnessName">
<interp inst="t19061119-name-29" type="gender" value="male"/>
<interp inst="t19061119-name-29" type="surname" value="HELDON"/>
<interp inst="t19061119-name-29" type="given" value="ALBERT"/>ALBERT HELDON</persName> </hi>, Detective, Thames Police. I was with last witness on October 11, at Burnett's premises, when we found the three pieces of rope. On October 17 I went to prisoner's store; I told him I should arrest him for stealing and receiving three ropes, two head
<lb/>fasts and one tow-rope, the property of Williams and Son, and that he had been found dealing with them. He said, "There it my book; all my purchases are entered there." He asked me when the rope was stolen, and I told him on the 10th. He said, "I have not got it; I only buy dredge rope." I looked at his book; it was regularly kept; there were entries between the 10th and 17th, but not of this rope. Later on he said to me, "Well, if I bought it it was disguised." On searching the premises I found the fourth coil (produced). Prisoner said, "Does Barnett say that I sold this rope?" I said, "Yes"; he then said, "Yes, I get 15s. a cwt"; I had not up to that time men
<lb/>tioned Barnett's name. I took him to the station, where he was shown the three pieces of rope; he said, "I have no recollection of that rope at all."</p>
<p>Cross-examined. I had not mentioned Barnett's name before pri
<lb/>soner said, "Does Barnett say that I stole this rope?" I had told him that the rope had been traced to him; I am not aware that he always sold his rope to Barnett.</p>
<p>(Tuesday, November 20.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-30" type="witnessName">
<interp inst="t19061119-name-30" type="gender" value="male"/>
<interp inst="t19061119-name-30" type="surname" value="HELDON"/>
<interp inst="t19061119-name-30" type="given" value="ALBERT"/>ALBERT HELDON</persName> </hi>, Detective, recalled. I have weighed the three coils of rope and they come to 3 qrs. 17 lb. in their present dry condition. At the time we got it it was heavier because there was a certain amount of moisture in it; it was damp.</p>
<p>Cross-examined. When damp it would have weighed 8lb. or 10 lb. more—perhaps about 1 cwt.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-31" type="witnessName">
<interp inst="t19061119-name-31" type="gender" value="male"/>
<interp inst="t19061119-name-31" type="surname" value="FREAK"/>
<interp inst="t19061119-name-31" type="given" value="ERNEST"/>ERNEST FREAK</persName> </hi> (prisoner, on oath). I carry on business at 4, Crane Street, Greenwich. I am a licensed boat proprietor, a lodging house-keeper licensed under the London County Council, and a licensed marina storekeeper. I have a number of boats which I let out on hire and which I keep on a raft. As a marine store keeper I have dealt in rope, buying it and selling it again for about five years. I have sold</p>
<xptr type="pageFacsimile" doc="190611190009"/>
<p>Barnett the whole of my rope for five years. In Addition to the book in which I enter purchases I keep a private book (produced), in which I enter sales showing the weight, description, and price of everything I tell. On October 13, 1906, there is an entry of the sale of 26 owt of Manilla and on October 15 11 cwt. 2 qrs. Manilla, and 1 cwt. 2 qrs. of hemp sold to Barnett. Memorandum (produced) from Barnett shows a total of 39 cwt., and the price £28 16s., which was sent me the same day by Barnett's cheque, which I paid into my bank. That is the usual way; sometimes they pay me in cash but very seldom. I have had about seven of those memorandums in the course of a year. If I take a small quantity of rope they pay me in cash there and then. There have been times when they have paid me too much, and I have refunded it or they have not paid me enough, and I have gone over to them and been paid the difference. Referring to my book, I sold Barnett on October 6 19 cwt 1 qr. white Manilla rope and I owt. of hemp. On October 1 10 cwt. white Manilla rope and 1 cwt. 0 qr. 21 lb. of hemp, and there are, previous similar entries. I first saw the three coils of rope, the subject of this action, at Thames Police Station when I was in custody on October 17. I said I had no recollection of purchasing such rope; it was not old rope; that is was too useful for me to buy, and if rope of that description had been brought to my premises I should have refused to purchase it. I said "It is not dredged rope." On October 13, when I sold the 26 cwt. for £19 10s. to Barnett, I took with me Henry Merritt, my foreman, who has been working for me several years. The rope was in a small four-wheel van. Newman, Reynolds, and Merritt took it off the van. New
<lb/>man weighed it on the weighbridge, I took a note of the weight, and it was carried by those three persons from the weighbridge to the rope hole or stack on the left side of the weighbridge and put with a quantity of other Manilla rope which was already there. It was not put separate. There is a separate stack for hemp. They give 15s. for Manilla and 9s. for hemp, and they are kept separate. The main portion of what I took was dredged rope—odds and ends of rope—all old rope that I purchased off barges and ships from time to time. I had dried it on my raft. Barnett's generally knock off a bit of the price for damp. If it was very wet they would pay me about two-thirds of the price, and I take it as dry as possible. That delivered on October 13 was fit to be made up into shipping coils, and there was no reason why it should be kept separate from other rope. I have seen at Barnett's quantities hanging up to dry. Mine was not in a condition which made that necessary. On Monday, October 15, I went to (Barnett's with the same man and van, and delivered 11 cwt. 2 qrs. of Manilla rope, 1 cwt. 2 qrs. of hemp, which was put on the stacks. Reynolds and James Barnett were there. The business of Barnett is carried on by the two brothers, old Mr. Barnett having retired five years ago. There is a third brother who is a workman. Nearly every time I have been there, which is about twice a week, I have seen people come and sell small quantities, which are put on the stacks at once. I have never seen</p>
<xptr type="pageFacsimile" doc="190611190010"/>
<p>rope put separate. On October 13, shortly after noon, after selling the 26 cwt., Police-constable McHattie came to see me and showed me the written description of the stolen rope. He often comes to make inquiries. I told him I had not purchased any rope of that descrip
<lb/>tion, and invited him to look over my book, which he did. I pointed to one or two little purchases that I had made of other than dredged rope, notably one from John Blewer, captain of a sailing barge. I said rope like that described I should not buy under any condition whatever, and he appeared satisfied. I said I had seen some rope I should not purchase taken up East Street by Jack Armitage, which he took into (Brown's. I mentioned that name because, on September 29 I had refused to purchase from Armitage about 4 cwt. of rope which I thought he had not come honestly by. On September 24 I bought a small amount from Armitage, and I had a bad character of him from a friend, so the next time he came I examined the rope very carefully and refused to purchase it I saw Armitage on Thursday walking past my premises in Crane Street. I have premises at Crane Court, where I keep a boat builder at work. Armitage had about 1 cwt. of coiled rope. I did not tell McHattie I knew that to be the rope which had been stolen from Williams and Sons. I told him I knew that there had been a theft of some rope. I was told by a fisher
<lb/>man named John Short, whom I have seen in Court, that come rope had been stolen from the Lower Derrick, which would be three or four miles from Beckton.</p>
<p>Cross-examined. This is the first time I have given this explanation. I was represented before the magistrate, and I stated I reserved my defence. I only object to New
<lb/>man's and Reynolds's evidence in their saying that my rope was wet when delivered, and was placed separately from the stack. The major portion of the rope I delivered on the 13th and 15th was dredged rope. Rope will dry in 24 hours if there is a favourable wind. When it is wet I put the rope under cover on the raft. I cannot suggest any reason why Newman and Reynolds should say it was put separate. McHattie has not stated the whole of the conversa
<lb/>tion. I told him I had seen Armitage going up to Brown's with same rope and that I had heard some rope had been stolen from the Lower Derrick, which is four or five miles away from Beckton. That did not refer to Williams's rope or anybody else's. McHattie asked me if I had seen any decent rope. I did not volunteer any information to him. This was after he had shown me the description and gone through my book-a subsequent conversation. He was with me half an hour. I told him I expected him round that day; I heard some rope had been stolen from the Lower Derrick, and he asked me if I had seen any of this rope about. The rope I sow on Armitage had not been used as a "fender." I do not know whether Brown bought rope from Armitage. I know McHattie looked through my book that day. I always show the police officers my book when they come to make inquiries. I said, "I have bought nothing like that." The three pieces of rope the police took off my premises on October 17 I pur
<lb/>chased</p>
<xptr type="pageFacsimile" doc="190611190011"/>
<p>on the 16th. When the detectives arrested me on the 17th they said, "There is some more rope here," There were two pieces of rope. [Questions on the subject of other rope disallowed as not relevant to the charge.] I did not tell Heldon I only bought dredged rope; the police know different to that. They looked through my book and could not find any entry of the rope I am charged with. The police jeered at me, and I said, "If I bought it it must have been disguised." I have known rope to have been stolen and soaked with mud to make it appear like dredged rope. The rope in question has not been disguised. I first mentioned Barnett. I have no entry in my book of any other sales of rope except to Barnett.</p>
<p>Re-examined. I have only sold rope to Barnett for five years. My book contains records of sales of iron and other metals. The police have seen the book and other books of mine about three months ago and since. I always make a practice to open my book in front of them. I buy rope other than dredged rope sometimes and enter it accordingly.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-32" type="witnessName">
<interp inst="t19061119-name-32" type="gender" value="male"/>
<interp inst="t19061119-name-32" type="surname" value="MERRITT"/>
<interp inst="t19061119-name-32" type="given" value="HENRY"/>HENRY MERRITT</persName> </hi>, 105, Commerell Street, Greenwich. I have worked off and on for prisoner for five years, and continually for the last eight months. I was with him when he sold rope to Barnett on October 13. I helped to take it off the van and put it on the weighbridge. It weighed 26 cwt. and was dredged Manilla rope. There is hemp rope, tarry rope, and white Manilla. Alter it was weighed I helped Barnett's man to put it on the rope stack on the top of other rope. I went on October 15 with 11 1/2 cwt. of Manilla and 1 1/2 cwt. of hemp, which was put on the rope stack with other rope. I have frequently gone to Barnett's with rope from prisoner, sometimes with him and sometimes without. I have never seen his rope put separately, but always on the rope stack the same as other people's. While at Barnett's I have seen other people come and sell rope, which is always put on the rope stack.</p>
<p>Cross-examined. There might be a bit of rope damp which would be put on one side. Dredged rope would usually be damp. I was first asked about this by the solicitor about two days' after the arrest. I had a good recollection of it, and I said the same thing was always done with our rope.</p>
<p>Re-examined. If prisoner's rope had been put separate I should have noticed it. There was no reason for it to be put separate; it was in just the same condition as the rest of the rope. It was pretty dry.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-33" type="witnessName">
<interp inst="t19061119-name-33" type="gender" value="male"/>
<interp inst="t19061119-name-33" type="surname" value="HOLLIDGE"/>
<interp inst="t19061119-name-33" type="given" value="JOHN"/>JOHN HOLLIDGE</persName> </hi>, 61, East Street, Greenwich. Up to about four months ago I worked for prisoner and used to take rope regularly to Barnett's. They put the Manilla rope in the left hand corner on the white Manilla stack and there used to be a small heap where they put the hemp.</p>
<p>To the Judge. If it happened to be wet it used to be put on one side.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-34" type="witnessName">
<interp inst="t19061119-name-34" type="gender" value="male"/>
<interp inst="t19061119-name-34" type="surname" value="NEWMAN"/>
<interp inst="t19061119-name-34" type="given" value="JOHN"/>JOHN NEWMAN</persName> </hi>, recalled. When I said, "All Freak's rope was put by itself separately," I did not mean all his rope whenever he brought</p>
<xptr type="pageFacsimile" doc="190611190012"/>
<p>there, but only on that particular occasion. If he brought dry rope I should put it with other rope.</p>
<p>Cross-examined. The rope brought by prisoner on October 13 and 15 was not in a condition to be made into shipping coils by itself. It could be put with other dry rope on the outside so that it would get the air and dry.</p>
<p>Verdict,
<rs id="t19061119-9-verdict-1" type="verdictDescription">
<interp inst="t19061119-9-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19061119-9-verdict-1" type="verdictSubcategory" value=""/>Not Guilty</rs>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>; Monday, November 19.</p>
<p>(Before the Common Serjeant.)</p>
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<interp inst="t19061119-10" type="date" value="19061119"/>
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<p>
<persName id="def1-10-19061119" type="defendantName">
<interp inst="def1-10-19061119" type="gender" value="male"/>
<interp inst="def1-10-19061119" type="age" value="62"/>
<interp inst="def1-10-19061119" type="surname" value="AVEY"/>
<interp inst="def1-10-19061119" type="given" value="THOMAS FREDERICK"/>
<interp inst="def1-10-19061119" type="occupation" value="labourer"/>
<hi rend="largeCaps">AVEY</hi>, Thomas Frederick (62, labourer)</persName>
<rs id="t19061119-10-verdict-1" type="verdictDescription">
<interp inst="t19061119-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-10-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-10-offence-1" type="offenceDescription">
<interp inst="t19061119-10-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19061119-10-offence-1" type="offenceSubcategory" value="coiningOffences"/>, to felo
<lb/>niously possessing a mould and a part of another mould for making counterfeit coin. Uttering counterfeit coin twice within 10 days, well knowing the same to be counterfeit. Possessing counterfeit coin, with intent to utter the same.</rs> </p>
<p>Sentence,
<rs id="t19061119-10-punishment-7" type="punishmentDescription">
<interp inst="t19061119-10-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-10-punishment-7" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-10-19061119 t19061119-10-punishment-7"/>Eighteen months' hard labour</rs>.</p> </div1>
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<join result="criminalCharge" id="t19061119-11-charge-2" targOrder="Y" targets="def2-11-19061119 t19061119-11-offence-1 t19061119-11-verdict-2"/>
<p>
<persName id="def1-11-19061119" type="defendantName">
<interp inst="def1-11-19061119" type="gender" value="male"/>
<interp inst="def1-11-19061119" type="age" value="50"/>
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<interp inst="def1-11-19061119" type="given" value="THOMAS"/>
<interp inst="def1-11-19061119" type="occupation" value="labourer"/>
<hi rend="largeCaps">DOUGLAS</hi>, Thomas (50, labourer)</persName>, and
<persName id="def2-11-19061119" type="defendantName">
<interp inst="def2-11-19061119" type="gender" value="male"/>
<interp inst="def2-11-19061119" type="age" value="48"/>
<interp inst="def2-11-19061119" type="surname" value="DOUGLAS"/>
<interp inst="def2-11-19061119" type="given" value="JAMES"/>
<interp inst="def2-11-19061119" type="occupation" value="painter"/>
<hi rend="largeCaps">DOUGLAS</hi>, James (48, painter)</persName>;
<rs id="t19061119-11-offence-1" type="offenceDescription">
<interp inst="t19061119-11-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19061119-11-offence-1" type="offenceSubcategory" value="coiningOffences"/>both feloniously possessing a mould and other tools for making counterfeit coin</rs>. Thomas Douglas
<rs id="t19061119-11-verdict-1" type="verdictDescription">
<interp inst="t19061119-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-11-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>.</p>
<p>Mr. Wilkinson prosecuted.</p>
<p>Detective-Sergeant
<hi rend="smallCaps">WILLIAM BURNHAM</hi>, New Scotland Yard. On November 6, at 8.30 p.m., in company with Detective Yeo, I arrested Thomas Douglas, both prisoners having been under observation for some time past. He was taken to the police station, and Yeo and I went to 24, Arnott Street, Newington, where in the first-floor back room I saw the prisoner James Douglas. I said, "We are police officers, and we suspect you of having implements for making counter
<lb/>feit coin. We are going to search the room." He said, "There is nothing here; I do not know what you mean." I said, "Do you oc
<lb/>cupy this room?" He said, "Yes." I then searched a chest of drawers, which were partly open, and found some grain tin in a piece of paper. This is the chief ingredient for making counterfeit coin. In the cupboard, which was open, I found a large piece of charcoal, two triangular pieces of moulded plaster of paris, a piece of glass in paper, such as is used for making a mould, two tins of blacking, and a piece of Bath brick; that is used for scouring coin. Hanging on the wall were two pairs of scissors. Whilst I was searching the cupboard Yeo found the mould (produced), and I showed the prisoner that with the other things. The mould is for making sixpences of 1906. I said, "You will be charged with being concerned with your brother Tom, who is now in custody, in feloniously possessing this mould and other implements of coining." He said, "I did not know they were there. I am a painter and work for my living, but I am out of work now. Tom came in to-night and put something in the drawer and went out. I did not know what it was." He was then taken to</p>
<xptr type="pageFacsimile" doc="190611190013"/>
<p>the station, and the whole of the things were again shown to the two prisoners, and they were charged together. James Douglas made no reply. Thomas said, "All right." On the following day after the hearing at the police court Yeo and I made a further search at 24, Arnott Street. I had previously locked the door of the room and taken the key. Mrs. Turner, the landlady, was there, and I took her into the room. In the same drawer that I found the tin in, I found some small pieces of silver in a piece of tissue paper and the rasp (produced), having plaster of paris on it, and apparently used to shape the mould. On the mantelpiece I found a paper containing very small pieces of nitrate of silver.</p>
<p>Cross-examined. I have made inquiries as to James Douglas's cha
<lb/>racter, and found he has been working as a painter on odd jobs down to about seven weeks ago.</p>
<p>Detective-Sergeant
<hi rend="smallCaps">ALBERT YEO</hi>, New Scotland Yard. With the last witness I arrested the prisoner Thomas, and then accompanied Burnham to 24, Arnott Street. While he was searching the chest of drawers I found mould (produced) for making sixpences of 1906 under
<lb/>neath the chest of drawers; three mould shapes lying on the mould corresponding with the triangular pieces of plaster of paris (produced), and on the top of the drawers two pieces of glass used for making a mould. The prisoner James was then taken to the station, and the articles were shown to him and Thomas Douglas. Thomas said, "Do not wrap it up for my brother. He does not know anything at all about It." On November 7 I took pert in the further search of the room, and found in the table drawer a metal spoon with metal adhering to it, showing it had been in the fire, and on the top of the drawers a brass blow-pipe, a small file, and a book on electro-plating (pro
<lb/>duced).</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-38" type="witnessName">
<interp inst="t19061119-name-38" type="gender" value="female"/>
<interp inst="t19061119-name-38" type="surname" value="TURNER"/>
<interp inst="t19061119-name-38" type="given" value="MARGARET"/>MARGARET TURNER</persName> </hi>, wife of Charles Turner, 24, Arnott Street, New Kent Road. I have known James Douglas since nine months ago, when I let my first-floor back room to him at 3s. a week. His brother, the prisoner, Thomas Douglas, occupied the same room with him for about three months, then left, and returned about three months after
<lb/>wards, and has lived with him down to the time of the arrest. I was present when the officers searched the room on November 7. Prisoner told me he was a painter.</p>
<p>Cross-examined. Prisoner used to go out every morning and return about two p.m., and go out again in the evening about seven or eight. This was his usual course for about seven or eight weeks up to the" time of the arrest.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-39" type="witnessName">
<interp inst="t19061119-name-39" type="gender" value="male"/>
<interp inst="t19061119-name-39" type="surname" value="WEBSTER"/>
<interp inst="t19061119-name-39" type="given" value="WILLIAM THOMAS"/>WILLIAM THOMAS WEBSTER</persName> </hi>, Inspector of Counterfeit Coins to His Majesty's Mint. The mould produced is of very unusual form, and is the first of that shape I have seen, the obverse being made to drop in. It has also a charcoal channel for the metal. The triangular piece of plaster of paris is made as a mould for a florin and also for a shilling, tapering towards the end. These are pieces of real silver. The charcoal can be used for many things—it is the first time I have had charcoal produced. The grain tin is the basis of bad coin. The</p>
<xptr type="pageFacsimile" doc="190611190014"/>
<p>mould appears to have been erased by this rasp. Looking at these things, there is nothing to show skill in coining, as I have not seen the results. The book produced is a "Cassell's Handbook," dated 1905, a guide to plating, giving directions how to use different metals and chemicals, and useful to an honest or dishonest person.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-40" type="witnessName">
<interp inst="t19061119-name-40" type="gender" value="male"/>
<interp inst="t19061119-name-40" type="surname" value="DOUGLAS"/>
<interp inst="t19061119-name-40" type="given" value="JAMES"/>JAMES DOUGLAS</persName> </hi> (prisoner, not on oath). The two tins, one of black
<lb/>ing and one of blacklead, are my property, and also the Bath brick. That has only been used for cleaning knives. The rasp was shown to me, and I was asked what I used it for, and I told the constable it was used for removing rust in painting by me. The white was not on it when taken from the drawer. As regards all the other things, I know nothing of them, only that my brother came home and put something in the drawer and then want out. Two or three minutes afterwards I was playing with some children in the room, when the constables came in. As far as the mould was concerned, I know nothing whatever of it. My brother used to clean the place up. I used to go out the first thing in the morning, return in the afternoon, and go out in the evening, returning about 11 or 12 at night. I am entirely innocent of the charge brought against me.</p>
<p>Verdict: James Douglas,
<rs id="t19061119-11-verdict-2" type="verdictDescription">
<interp inst="t19061119-11-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19061119-11-verdict-2" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<p>Thomas Douglas was proved to have been convicted of several coinage offences, the first in 1885, and sentenced to 18 months hard labour, five years' penal servitude, and seven years' penal servi
<lb/>tude in 1900, being liberated on ticket-of-leave on May 6, 1905.</p>
<p>Sentence,
<rs id="t19061119-11-punishment-8" type="punishmentDescription">
<interp inst="t19061119-11-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-11-punishment-8" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-19061119 t19061119-11-punishment-8"/>Five years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-12">
<interp inst="t19061119-12" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-12" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-12-charge-1" targOrder="Y" targets="def1-12-19061119 t19061119-12-offence-1 t19061119-12-verdict-1"/>
<p>
<persName id="def1-12-19061119" type="defendantName">
<interp inst="def1-12-19061119" type="gender" value="male"/>
<interp inst="def1-12-19061119" type="age" value="23"/>
<interp inst="def1-12-19061119" type="surname" value="DAVIS"/>
<interp inst="def1-12-19061119" type="given" value="GEORGE"/>
<interp inst="def1-12-19061119" type="occupation" value="musician"/>
<hi rend="largeCaps">DAVIS</hi>. George (23, musician)</persName>
<rs id="t19061119-12-verdict-1" type="verdictDescription">
<interp inst="t19061119-12-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-12-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-12-offence-1" type="offenceDescription">
<interp inst="t19061119-12-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19061119-12-offence-1" type="offenceSubcategory" value="housebreaking"/>; to breaking and entering the dwelling house of
<persName id="t19061119-name-42" type="victimName">
<interp inst="t19061119-name-42" type="gender" value="male"/>
<interp inst="t19061119-name-42" type="surname" value="SCAMWELL"/>
<interp inst="t19061119-name-42" type="given" value="HERBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-12-offence-1 t19061119-name-42"/>Herbert Scamwell</persName> and stealing therein a coat and a pair of trousers, his goods, and feloniously receiving same; breaking and entering the shop of Anderson and Company, Limited, with intent to steal therein.</rs> </p>
<p>Sentence,
<rs id="t19061119-12-punishment-9" type="punishmentDescription">
<interp inst="t19061119-12-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-12-punishment-9" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-12-19061119 t19061119-12-punishment-9"/>12 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-13">
<interp inst="t19061119-13" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-13" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-13-charge-1" targOrder="Y" targets="def1-13-19061119 t19061119-13-offence-1 t19061119-13-verdict-1"/>
<p>
<persName id="def1-13-19061119" type="defendantName">
<interp inst="def1-13-19061119" type="gender" value="male"/>
<interp inst="def1-13-19061119" type="age" value="61"/>
<interp inst="def1-13-19061119" type="surname" value="MORRISON"/>
<interp inst="def1-13-19061119" type="given" value="DONALD"/>
<interp inst="def1-13-19061119" type="occupation" value="traveller"/>
<hi rend="largeCaps">MORRISON</hi>, Donald (61, traveller)</persName>
<rs id="t19061119-13-verdict-1" type="verdictDescription">
<interp inst="t19061119-13-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-13-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-13-offence-1" type="offenceDescription">
<interp inst="t19061119-13-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19061119-13-offence-1" type="offenceSubcategory" value="fraud"/>; to having re
<lb/>ceived from
<persName id="t19061119-name-44" type="victimName">
<interp inst="t19061119-name-44" type="gender" value="male"/>
<interp inst="t19061119-name-44" type="surname" value="HOLE"/>
<interp inst="t19061119-name-44" type="given" value="ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-13-offence-1 t19061119-name-44"/>Arthur Hole</persName> the sum of £3 0s. 5d. for and on account of
<persName id="t19061119-name-45" type="victimName">
<interp inst="t19061119-name-45" type="gender" value="male"/>
<interp inst="t19061119-name-45" type="surname" value="JONES"/>
<interp inst="t19061119-name-45" type="given" value="THOMAS HILL"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-13-offence-1 t19061119-name-45"/>Thomas Hill Jones</persName>, did fraudulently convert the said moneys to his own use and benefit.</rs> </p>
<p>Three short sentences of fraud and embezzlement were proved against prisoner in 1885, 1886, and 1889.</p>
<p>Sentence,
<rs id="t19061119-13-punishment-10" type="punishmentDescription">
<interp inst="t19061119-13-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-13-punishment-10" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-13-19061119 t19061119-13-punishment-10"/>Nine months' hard labour</rs>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>; Tuesday, November 20.</p>
<p>(Before Mr. Justice Grantham.)</p>
<div1 type="trialAccount" id="t19061119-14">
<interp inst="t19061119-14" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-14" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-14-charge-1" targOrder="Y" targets="def1-14-19061119 t19061119-14-offence-1 t19061119-14-verdict-1"/>
<p>
<persName id="def1-14-19061119" type="defendantName">
<interp inst="def1-14-19061119" type="gender" value="male"/>
<interp inst="def1-14-19061119" type="age" value="34"/>
<interp inst="def1-14-19061119" type="surname" value="BARLOW"/>
<interp inst="def1-14-19061119" type="given" value="JOHN"/>
<interp inst="def1-14-19061119" type="occupation" value="labourer"/>
<hi rend="largeCaps">BARLOW</hi>, John (34, labourer)</persName>
<rs id="t19061119-14-offence-1" type="offenceDescription">
<interp inst="t19061119-14-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19061119-14-offence-1" type="offenceSubcategory" value="wounding"/>; feloniously wounding
<persName id="t19061119-name-47" type="victimName">
<interp inst="t19061119-name-47" type="gender" value="female"/>
<interp inst="t19061119-name-47" type="surname" value="BARLOW"/>
<interp inst="t19061119-name-47" type="given" value="AMY"/>
<interp inst="t19061119-name-47" type="occupation" value="housekeeper"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-14-offence-1 t19061119-name-47"/>Amy Barlow</persName>, with intent to kill and murder her, and with intent to do her some grievous bodily harm.</rs> </p>
<p>Mr. Wilkinson prosecuted.</p>
<xptr type="pageFacsimile" doc="190611190015"/>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-48" type="witnessName">
<interp inst="t19061119-name-48" type="gender" value="female"/>
<interp inst="t19061119-name-48" type="surname" value="BARLOW"/>
<interp inst="t19061119-name-48" type="given" value="AMY"/>AMY BARLOW</persName> </hi>. I am prisoner's wife, and lived with him at the "White Lion," Central Street, E.C.; the landlord there is Mr. Taylor, my brother-in-law (at least, he married my sister, "to all appear
<lb/>ances "). I was housekeeper, and looked after the business; prisoner is a labourer. On Sunday morning, October 21, I got up and down
<lb/>stairs before the prisoner and went into the kitchen; Nason, the bar
<lb/>man, and Simmons, the potman, were there. When prisoner came down he started rowing with Nason, and used filthy language; I told him to shut up in front of his children. I asked Nason to fetch me some milk, and went upstairs to get the money. As I got upstairs I heard the children scream, and turning round I saw prisoner coming after me with the table knife (produced) in his hand. He knocked me down and said, "I mean to kill you." I begged him not to. He tried to get the knife across my throat; in trying to prevent him I got my hands cut very bad; he made three scratches at my throat with the knife, but not very bad. I saw Taylor coming upstairs to my help, and I remember no more.</p>
<p>Cross-examined by Prisoner. When you came downstairs you accused Nason of misconduct with me; I denied it; I did not say to you, "You can b——off now, I hate the b——sight of you." It is not true that over two months ago you accused me of misconduct with Nason; nor that I had been taking pills and drugs to bring on a pre
<lb/>mature confinement. You have not caught me with Nason in the kitchen with the gas turned down; It is a lie to say that Nason and Taylor "know as much about me" as you do. I have not been in Taylor's bedroom. I have not been in the bar drinking with him till two in the morning. I did not get rid of Mrs. Mansfield because she told you tales about me and these two men. It is not the fact that my conduct had become the talk of customers in the bar. It is true that Nason once kissed me in the bar. You were kissing another woman, and Nason said, "If you do that, Jack, I shall kiss your old woman." You have been indecent with other women in front of me. I swear that I have never misconducted myself with Nason or any other man.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-49" type="witnessName">
<interp inst="t19061119-name-49" type="gender" value="male"/>
<interp inst="t19061119-name-49" type="surname" value="NASON"/>
<interp inst="t19061119-name-49" type="given" value="LOUIS"/>LOUIS NASON</persName> </hi>. I was barman at the "White Lion." On October 21 I was in the kitchen, when prisoner came downstairs. I was talking to Mrs. Barlow, when prisoner came and swore at me. I said to him, "I will see you later," and walked out of the kitchen into the bar. Then I heard the children screaming out that their father was killing their mother. I rushed upstairs and saw prisoner struggling with his wife. I did not see anything in his hand. I tried to pull him off her, but he was too heavy for. me. I ran downstairs and went to the other part of the house to fetch Taylor, and the two of us went back together, Taylor in front. I heard Taylor say, "Christ, he has got a knife!"Taylor got prisoner away from Mrs. Barlow, and I took her downstairs. Then I returned and helped Taylor to hold prisoner down until the police came.</p>
<p>Cross-examined by Prisoner. You did not have words with me two years ago about my conduct with your wife. Your son told me you had been saying something about it, and I went to you at once, and</p>
<xptr type="pageFacsimile" doc="190611190016"/>
<p>you said to me, "I think too much of you to accuse you of anything like that." You did not catch me a week before this occurrence in the back room with your wife with the gas turned down. You were not ordered out of the house because of the row you made about her conduct with me. I have never been with her in her bedroom. Once I took up a cup of tea and left it outside her door. I have not made her presents. I have not heard Taylor threaten you, except that once he said he would put you out of the bar.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-50" type="witnessName">
<interp inst="t19061119-name-50" type="gender" value="male"/>
<interp inst="t19061119-name-50" type="surname" value="TAYLOR"/>
<interp inst="t19061119-name-50" type="given" value="WILLIAM ALBERT"/>WILLIAM ALBERT TAYLOR</persName> </hi>. I am licensee of the "White Lion." On the morning of October 21 Nason called me out of bed, and I went with him to prisoner's bedroom. I saw Mrs. Barlow lying on the floor and prisoner kneeling over her with a knife in his hand cutting at her throat. I grappled with him, and in the struggle I got a nasty knock with the handle of the knife. Eventually I got him on to the bed and held him until the police came.</p>
<p>Cross-examined by Prisoner. It is not the fact that on the night of the 20th I put my fist in your face and tried to aggravate you into striking me. I have sometimes interfered to prevent you using vio
<lb/>lence to your wife, and I have called you a cowardly scoundrel for hitting her. She has not been in my bedroom for half an hour at a time, or at all. Your quarrels with her were not about her miscon
<lb/>duct, but about your not giving her money to keep the children. I got rid of Mrs. Mansfield because I was told you used to take her round the neck and go about with her to different public-houses. I deny that I have been drunk and had to be put to bed; there is nothing against me or the character of my house.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-51" type="witnessName">
<interp inst="t19061119-name-51" type="gender" value="male"/>
<interp inst="t19061119-name-51" type="surname" value="COOK"/>
<interp inst="t19061119-name-51" type="given" value="CHARLES"/>CHARLES COOK</persName> </hi>, Police-Constable, 308 G. On October 21 I was called to the "White Lion." I saw Mrs. Barlow in a downstairs room; she was bleeding very bad from both hands, and her face was smothered with blood; she was sent to the hospital. Upstairs I saw prisoner being held down by two men. I told him I should arrest him for assaulting his wife; he said, "I will come"; on the way to the station he said, "I meant flopping her out" In the room I found the knife (produced) lying in a pool of blood. Prisoner was sober, but very excited.</p>
<p>Police-Sergeant
<hi rend="smallCaps">THOMAS HARRIS</hi>, 38 G. I was at the station when prisoner was brought in by Cook. I asked the latter, in prisoner's hearing, whether it was serious, and he replied that he did not know Prisoner then said, "I mean to flop her out; I wish I had cut her b—head off." In reply to the charge prisoner said nothing. He was quite sober.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-52" type="witnessName">
<interp inst="t19061119-name-52" type="gender" value="male"/>
<interp inst="t19061119-name-52" type="surname" value="SMALLHORN"/>
<interp inst="t19061119-name-52" type="given" value="CYRIL"/>CYRIL SMALLHORN</persName> </hi>, House Surgeon at St. Bartholomew's Hospital. I examined Mrs. Barlow on her being brought to the hospital; she had multiple cuts on her neck and on both hands, and two scratches on the face; two of the cuts on the neck were deep, the others super
<lb/>ficial. There were two very serious cuts on her right hand. She was in a very collapsed state. Her general condition now is very good, but her hands are not yet perfectly well; I have my doubts whether she will ever recover the full use of her hands.</p>
<xptr type="pageFacsimile" doc="190611190017"/>
<p>To Prisoner. I examined her thoroughly; if it is the fact that two days previously she had had a miscarriage brought about by the use of drugs, I saw no signs of it; if that really happened, she must have made a very rapid recovery.</p>
<p>Mrs.
<hi rend="smallCaps">MANSFIELD</hi>, called at prisoner's request. I have seen your wife sitting in the parlour hours and hours together with Taylor, while you have been in the kitchen. You and she have had words over it, and she has said that she did it more to annoy you. What I saw going on upset me very much; as a mother of nine children I thought she ought to know better. I know that Nason has been in her bedroom with cups of tea in the morning. She used to have her breakfast with Taylor.</p>
<p>Cross-examined. I was employed as charwoman, only during the daytime. Taylor discharged me because I failed once to get tea ready for him.</p>
<p>Prisoner said he had nothing to say, except that he was sorry for what had happened, and threw himself on the mercy of the Court.</p>
<p>Verdict,
<rs id="t19061119-14-verdict-1" type="verdictDescription">
<interp inst="t19061119-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-14-verdict-1" type="verdictSubcategory" value="lesserOffence"/>Not guilty of wounding with intent to murder, Guilty of wounding with intent to do grievous bodily harm, "through great provocation</rs>." Sentence,
<rs id="t19061119-14-punishment-11" type="punishmentDescription">
<interp inst="t19061119-14-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-14-punishment-11" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-19061119 t19061119-14-punishment-11"/>Three years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-15">
<interp inst="t19061119-15" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-15" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-15-charge-1" targOrder="Y" targets="def1-15-19061119 t19061119-15-offence-1 t19061119-15-verdict-1"/>
<p>
<persName id="def1-15-19061119" type="defendantName">
<interp inst="def1-15-19061119" type="gender" value="male"/>
<interp inst="def1-15-19061119" type="age" value="28"/>
<interp inst="def1-15-19061119" type="surname" value="JARVIS"/>
<interp inst="def1-15-19061119" type="given" value="JOSEPH"/>
<interp inst="def1-15-19061119" type="occupation" value="labourer"/>
<hi rend="largeCaps">JARVIS</hi>, Joseph (28, labourer)</persName>
<rs id="t19061119-15-offence-1" type="offenceDescription">
<interp inst="t19061119-15-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19061119-15-offence-1" type="offenceSubcategory" value="wounding"/>; feloniously throwing upon
<persName id="t19061119-name-54" type="victimName">
<interp inst="t19061119-name-54" type="gender" value="female"/>
<interp inst="t19061119-name-54" type="surname" value="JARVIS"/>
<interp inst="t19061119-name-54" type="given" value="ELLEN"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-15-offence-1 t19061119-name-54"/>Ellen Jarvis</persName> a certain corrosive fluid, oxalic acid, with intent to burn, maim, and disfigure her, and to do her some grievous bodily harm.</rs> </p>
<p>Mr. Symmons prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-55" type="witnessName">
<interp inst="t19061119-name-55" type="gender" value="female"/>
<interp inst="t19061119-name-55" type="surname" value="JARVIS"/>
<interp inst="t19061119-name-55" type="given" value="ELLEN"/>ELLEN JARVIS</persName> </hi>. I am prisoner's wife; we have been living together eight years, and have five children; he works at an Indiarubber works, we have been living at 30, Royal Street, Lambeth. On the night of October 9 I went into the bedroom at 9.30 or 10. In the next room where prisoner was I heard a kind of hissing noise; I went there and I saw prisoner had something in a little earthenware cap; I asked him what it was; he said, "That is mine; taste it." I said, "No, I'm not fond of tasting things like that"; and then he threw it all in my face. (But, sir, he has been one of the best husbands to me and the best of fathers to my children.) I felt my eyes burn
<lb/>ing, and washed them under the tap; the woman upstairs helped me; then I went to the hospital. We had had some words; he thinks that my children do not belong to him; I want that cleared up; I swear that there is not the slightest truth in his suspicions. Apart from these suspicions, he has always been a good man to me and my children. I do not remember seeing this cup in the place before. I do not know of any brass stuff that he might have wanted to do up. We had been having a few words, but I really do not think he would have hurt me if he had thought for a moment; he was too fond of me.</p>
<p>Prisoner stated, in reply to the Court, that he was very sorry he had had suspicions about his wife, and now recognised that they were groundless.</p>
<xptr type="pageFacsimile" doc="190611190018"/>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-56" type="witnessName">
<interp inst="t19061119-name-56" type="gender" value="male"/>
<interp inst="t19061119-name-56" type="surname" value="GOTLEY"/>
<interp inst="t19061119-name-56" type="given" value="HUGH EVELYN"/>HUGH EVELYN GOTLEY</persName> </hi>, House Surgeon at St. Thomas's Hospital for ophthalmic cases. On October 9, about quarter past 11 p.m. I saw Mrs. Jarvis; both eyelids were very much swollen; there was no excoriation of the outside of the lids, but within the eye the mem
<lb/>brane of the lids was very much swollen, and the part commonly called the sight of the eye was very much clouded. The fluid handed to me was analysed; it contained oxalic acid, some acid sulphate, and probably some sulphuric acid. Prosecutrix was in the hospital till the 20th. She is now practically recovered; there is a very slight haze in one eye, but it does not interfere much, if at all, with her sight.</p>
<p>Police-Constable
<hi rend="smallCaps">HERBERT GRACE</hi>, 28 L. I went to prisoner on October 10, and told him I should arrest him for throwing some kind of corrosive acid over his wife. He replied, "I did throw it over her; we had a few words; I mixed it up in a cup; it is oxalic acid; I brought it home to clean some brass; a friend of mine gave it to me; I have been expecting you; that is the cup I mixed it up in"; there was about half a teaspoon full of the stuff in the cup. I afterwards found some oxalic acid mixed up in a small soup tureen.</p>
<p>
<hi rend="smallCaps">PRISONER</hi> (not on oath). On the night this occurred we had been having a few words. I had got this stuff to clean a lamp with that I was going to get, and I mixed it up in the soup tureen; I put that in the cup; I dipped it out and asked her to taste it when she came out to me; she said, "No, thank you"; we had been having this row. I caught hold of the cup and threw it at her, not thinking for a minute that I would do her any harm or injury; I am very sorry for it.</p>
<p>Verdict,
<rs id="t19061119-15-verdict-1" type="verdictDescription">
<interp inst="t19061119-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-15-verdict-1" type="verdictSubcategory" value="withRecommendation"/>Guilty, with a recommendation to mercy</rs>.</p>
<p>Mr. Justice Grantham read the following letter addressed to him by prisoner's wife: "I am writing this as a wife and mother. Will you forgive him as I do, with all my heart? He has always been the best of husbands to me, also to my five children. It may be the turning point in both our lives. I am writing this from my heart. Have pity on him." Prisoner received an excellent character from an employer with whom he had been for five years.
<rs id="t19061119-15-punishment-12" type="punishmentDescription">
<interp inst="t19061119-15-punishment-12" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19061119-15-punishment-12" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-15-19061119 t19061119-15-punishment-12"/>He was released on his own recognisances in £10 to come up for judgment when called upon; the police sergeant being directed to go to prisoners late em
<lb/>ployer, and express the hope of the learned judge that prisoner might be taken on again</rs>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>; Tuesday, November 20.</p>
<p>(Before the Recorder.)</p>
<div1 type="trialAccount" id="t19061119-16">
<interp inst="t19061119-16" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-16" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-16-charge-1" targOrder="Y" targets="def1-16-19061119 t19061119-16-offence-1 t19061119-16-verdict-1"/>
<xptr type="pageFacsimile" doc="190611190019"/>
<p>
<persName id="def1-16-19061119" type="defendantName">
<interp inst="def1-16-19061119" type="gender" value="male"/>
<interp inst="def1-16-19061119" type="age" value="39"/>
<interp inst="def1-16-19061119" type="surname" value="ROSE"/>
<interp inst="def1-16-19061119" type="given" value="WILLIAM"/>
<interp inst="def1-16-19061119" type="occupation" value="collector of taxes"/>
<hi rend="largeCaps">ROSE</hi>, William (39, collector of taxes)</persName>
<rs id="t19061119-16-verdict-1" type="verdictDescription">
<interp inst="t19061119-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-16-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-16-offence-1" type="offenceDescription">
<interp inst="t19061119-16-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19061119-16-offence-1" type="offenceSubcategory" value="embezzlement"/>; to being employed in the public service of His Majesty and being entrusted by virtue of such employment with the receipt of certain valuable securi
<lb/>ties, did embezzle three orders for the payment of £57 16s., £71 3s. 3d., and £36 8s. 8d. respectively. Being employed as aforesaid, and being entrusted with the receipt of certain valuable securities, to wit, orders for the payment of £346 11s. 11d., £44 8s. 7d., and £127 10s., respec
<lb/>tively, did fraudulently apply the same to his own use and benefit. Being employed as clerk and servant to His Majesty, wilfully, and with intent to defraud, did make certain false entries in and did omit material particulars from certain books of account belonging to His Majesty. Having received the said orders for the payment of £57 16s., £71 3s. 3d., £36 8s. 8d., £346 11s. 11d., £44 8s. 7d., and £127 10s. for and on account of His Majesty, did fraudulently convert the same to his own use and benefit</rs>.</p>
<p>Mr. T. C. Hedderwick prosecuted. Mr. Rayner Goddard appeared for the prisoner.</p>
<p>Sentence,
<rs id="t19061119-16-punishment-13" type="punishmentDescription">
<interp inst="t19061119-16-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-16-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-16-19061119 t19061119-16-punishment-13"/>Eighteen months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-17">
<interp inst="t19061119-17" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-17" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-17-charge-1" targOrder="Y" targets="def1-17-19061119 t19061119-17-offence-1 t19061119-17-verdict-1"/>
<p>
<persName id="def1-17-19061119" type="defendantName">
<interp inst="def1-17-19061119" type="gender" value="male"/>
<interp inst="def1-17-19061119" type="age" value="30"/>
<interp inst="def1-17-19061119" type="surname" value="MONTAGUE"/>
<interp inst="def1-17-19061119" type="given" value="ARTHUR"/>
<interp inst="def1-17-19061119" type="occupation" value="labourer"/>
<hi rend="largeCaps">MONTAGUE</hi>, Arthur (30, labourer)</persName>
<rs id="t19061119-17-verdict-1" type="verdictDescription">
<interp inst="t19061119-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-17-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-17-offence-1" type="offenceDescription">
<interp inst="t19061119-17-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19061119-17-offence-1" type="offenceSubcategory" value="fraud"/>; to felo
<lb/>niously getting off the impression of a stamp from certain documents, with intent to use the same for other documents. Unlawfully remov
<lb/>ing from certain instruments certain adhesive stamps, and affixing same to certain instruments and using for postal purposes certain adhesive stamps which had been so removed, with intent that the said stamps might again be used.</rs> </p>
<p>Previous convictions proved: February 5, 1903, two months' hard labour for stealing papers; March 5,1906, fined £50, or two months' hard labour for fraud on the Inland Revenue.</p>
<p>Dr.
<hi rend="smallCaps">SCOTT</hi>, of Brixton Prison, stated that the prisoner was weak-minded and childish, but capable of knowing right and wrong.</p>
<p>Sentence,
<rs id="t19061119-17-punishment-14" type="punishmentDescription">
<interp inst="t19061119-17-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-17-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-19061119 t19061119-17-punishment-14"/>Three months' imprisonment</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-18">
<interp inst="t19061119-18" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-18" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-18-charge-1" targOrder="Y" targets="def1-18-19061119 t19061119-18-offence-1 t19061119-18-verdict-1"/>
<p>
<persName id="def1-18-19061119" type="defendantName">
<interp inst="def1-18-19061119" type="gender" value="male"/>
<interp inst="def1-18-19061119" type="surname" value="TALBOT"/>
<interp inst="def1-18-19061119" type="given" value="CHARLES JOSHUA"/>
<hi rend="largeCaps">TALBOT</hi>, Charles Joshua</persName>
<rs id="t19061119-18-verdict-1" type="verdictDescription">
<interp inst="t19061119-18-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-18-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-18-offence-1" type="offenceDescription">
<interp inst="t19061119-18-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19061119-18-offence-1" type="offenceSubcategory" value="bigamy"/>; to feloniously marrying
<persName id="t19061119-name-60" type="victimName">
<interp inst="t19061119-name-60" type="gender" value="female"/>
<interp inst="t19061119-name-60" type="surname" value="PRITCHARD"/>
<interp inst="t19061119-name-60" type="given" value="ANGELINA"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-18-offence-1 t19061119-name-60"/>Angelina Pritchard</persName>, his wife being then alive.</rs> </p>
<p>Sentence,
<rs id="t19061119-18-punishment-15" type="punishmentDescription">
<interp inst="t19061119-18-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-18-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-18-19061119 t19061119-18-punishment-15"/>Two days' imprisonment</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-19">
<interp inst="t19061119-19" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-19" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-19-charge-1" targOrder="Y" targets="def1-19-19061119 t19061119-19-offence-1 t19061119-19-verdict-1"/>
<p>
<persName id="def1-19-19061119" type="defendantName">
<interp inst="def1-19-19061119" type="gender" value="male"/>
<interp inst="def1-19-19061119" type="age" value="17"/>
<interp inst="def1-19-19061119" type="surname" value="TIDY"/>
<interp inst="def1-19-19061119" type="given" value="WALTER"/>
<interp inst="def1-19-19061119" type="occupation" value="labourer"/>
<hi rend="largeCaps">TIDY</hi>, Walter (17, labourer)</persName>
<rs id="t19061119-19-verdict-1" type="verdictDescription">
<interp inst="t19061119-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-19-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-19-offence-1" type="offenceDescription">
<interp inst="t19061119-19-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19061119-19-offence-1" type="offenceSubcategory" value="simpleLarceny"/>; to stealing two pairs of boots, the goods of
<persName id="t19061119-name-62" type="victimName">
<interp inst="t19061119-name-62" type="gender" value="male"/>
<interp inst="t19061119-name-62" type="surname" value="COHEN"/>
<interp inst="t19061119-name-62" type="given" value="ABRAHAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-19-offence-1 t19061119-name-62"/>Abraham Cohen</persName>, and feloniously receiving same</rs>; he also confessed to having been convicted at West Ham of felony on February 20, 1906; several other previous convictions were proved.</p>
<p>Sentence, Six months' hard labour.</p>
<p>(Wednesday, November 21.)</p>
<p>The Recorder stated that he had reconsidered the sentence passed yesterday. He had been then informed that the prisoner, after having been birched in 1903, had been several times convicted since, although he was only 17 years of age. He had further been informed that two of his brothers were now in penal servitude. In these circumstances, he found himself confronted with a very great difficulty to know what</p>
<xptr type="pageFacsimile" doc="190611190020"/>
<p>to do with the prisoner, because he was anxious if he could to save him from getting into the same position as his brothers. Yesterday he could not at the moment see his way to do anything but send him to a short term of imprisonment. He had, however, since given further consideration to the matter in consultation with the officers of the Court and with gentlemen interested in the Borstal system—a system by which young offenders were sent to a special form of prison, where they were not treated as ordinary convicts would be, but were taught a useful trade. It was not the slightest use to send a boy of such age and character as the prisoner to such a place for so short a period at six months; it was necessary that there should be a longer period in which to learn a trade. Having regard to the position of the pri
<lb/>soner's brothers, and in the hope that the result of the step he was going to take would be to make a respectable citizen of the prisoner,
<rs id="t19061119-19-punishment-16" type="punishmentDescription">
<interp inst="t19061119-19-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-19-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-19-19061119 t19061119-19-punishment-16"/>he proposed to alter the sentence of six months' to one of 18 months' imprisonment. That alteration was intended solely for the prisoner's welfare, and not for punishment</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-20">
<interp inst="t19061119-20" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-20" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-20-charge-1" targOrder="Y" targets="def1-20-19061119 t19061119-20-offence-1 t19061119-20-verdict-1"/>
<p>
<persName id="def1-20-19061119" type="defendantName">
<interp inst="def1-20-19061119" type="gender" value="male"/>
<interp inst="def1-20-19061119" type="age" value="25"/>
<interp inst="def1-20-19061119" type="surname" value="LESTER"/>
<interp inst="def1-20-19061119" type="given" value="ARNOLD"/>
<interp inst="def1-20-19061119" type="occupation" value="soldier"/>
<hi rend="largeCaps">LESTER</hi>, Arnold (25, soldier)</persName>
<rs id="t19061119-20-verdict-1" type="verdictDescription">
<interp inst="t19061119-20-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-20-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-20-offence-1" type="offenceDescription">
<interp inst="t19061119-20-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19061119-20-offence-1" type="offenceSubcategory" value="pervertingJustice"/>; to that by unlaw
<lb/>fully and corruptly offering the sum of £1 to
<persName id="t19061119-name-64" type="victimName">
<interp inst="t19061119-name-64" type="gender" value="male"/>
<interp inst="t19061119-name-64" type="surname" value="MANTLE"/>
<interp inst="t19061119-name-64" type="given" value="ARTHUR"/>
<interp inst="t19061119-name-64" type="occupation" value="policeman"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-20-offence-1 t19061119-name-64"/>Arthur Mantle</persName>, a metropolitan police constable, he did endeavour to bribe him.</rs> </p>
<p>Sentence,
<rs id="t19061119-20-punishment-17" type="punishmentDescription">
<interp inst="t19061119-20-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-20-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-20-19061119 t19061119-20-punishment-17"/>Two days' imprisonment</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-21">
<interp inst="t19061119-21" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-21" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-21-charge-1" targOrder="Y" targets="def1-21-19061119 t19061119-21-offence-1 t19061119-21-verdict-1"/>
<p>
<persName id="def1-21-19061119" type="defendantName">
<interp inst="def1-21-19061119" type="gender" value="male"/>
<interp inst="def1-21-19061119" type="age" value="37"/>
<interp inst="def1-21-19061119" type="surname" value="STARR"/>
<interp inst="def1-21-19061119" type="given" value="CHARLES"/>
<interp inst="def1-21-19061119" type="occupation" value="salesman"/>
<hi rend="largeCaps">STARR</hi>, Charles (37, salesman)</persName>
<rs id="t19061119-21-verdict-1" type="verdictDescription">
<interp inst="t19061119-21-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-21-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-21-offence-1" type="offenceDescription">
<interp inst="t19061119-21-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19061119-21-offence-1" type="offenceSubcategory" value="forgery"/>; to forging a cer
<lb/>tain telegram and uttering same, knowing the same to be forged and with intent to defraud; attempting to obtain by false pretences from
<persName id="t19061119-name-66" type="victimName">
<interp inst="t19061119-name-66" type="gender" value="male"/>
<interp inst="t19061119-name-66" type="surname" value="PHILLIPS"/>
<interp inst="t19061119-name-66" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-21-offence-1 t19061119-name-66"/>George Phillips</persName> the sum of £5, with intent to defraud</rs>. Two pre
<lb/>vious convictions were proved.</p>
<p>Sentence,
<rs id="t19061119-21-punishment-18" type="punishmentDescription">
<interp inst="t19061119-21-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-21-punishment-18" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-21-19061119 t19061119-21-punishment-18"/>Three months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-22">
<interp inst="t19061119-22" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-22" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-22-charge-1" targOrder="Y" targets="def1-22-19061119 t19061119-22-offence-1 t19061119-22-verdict-1"/>
<p>
<persName id="def1-22-19061119" type="defendantName">
<interp inst="def1-22-19061119" type="gender" value="male"/>
<interp inst="def1-22-19061119" type="age" value="35"/>
<interp inst="def1-22-19061119" type="surname" value="BAILEY"/>
<interp inst="def1-22-19061119" type="given" value="CHARLES"/>
<interp inst="def1-22-19061119" type="occupation" value="traveller"/>
<hi rend="largeCaps">BAILEY</hi>, Charles (35, traveller)</persName>
<rs id="t19061119-22-verdict-1" type="verdictDescription">
<interp inst="t19061119-22-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-22-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-22-offence-1" type="offenceDescription">
<interp inst="t19061119-22-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19061119-22-offence-1" type="offenceSubcategory" value="pocketpicking"/>; to stealing a purse and the sum of 15s., the money of
<persName id="t19061119-name-68" type="victimName">
<interp inst="t19061119-name-68" type="gender" value="female"/>
<interp inst="t19061119-name-68" type="surname" value="HOOKER"/>
<interp inst="t19061119-name-68" type="given" value="ELLEN"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-22-offence-1 t19061119-name-68"/>Ellen Hooker</persName>, from her person, and feloniously receiving same</rs>; he also confessed to being convicted of felony at the Old Bailey on September 20, 1902, and a number of other previous convictions were proved.</p>
<p>Sentence,
<rs id="t19061119-22-punishment-19" type="punishmentDescription">
<interp inst="t19061119-22-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-22-punishment-19" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-22-19061119 t19061119-22-punishment-19"/>Five years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-23">
<interp inst="t19061119-23" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-23" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-23-charge-1" targOrder="Y" targets="def1-23-19061119 t19061119-23-offence-1 t19061119-23-verdict-1"/>
<p>
<persName id="def1-23-19061119" type="defendantName">
<interp inst="def1-23-19061119" type="gender" value="male"/>
<interp inst="def1-23-19061119" type="age" value="25"/>
<interp inst="def1-23-19061119" type="surname" value="BRANSON"/>
<interp inst="def1-23-19061119" type="given" value="HARRY WILLIAM"/>
<interp inst="def1-23-19061119" type="occupation" value="ship's steward"/>
<hi rend="largeCaps">BRANSON</hi>. Harry William (25, ship's steward)</persName>
<rs id="t19061119-23-verdict-1" type="verdictDescription">
<interp inst="t19061119-23-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-23-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-23-offence-1" type="offenceDescription">
<interp inst="t19061119-23-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19061119-23-offence-1" type="offenceSubcategory" value="forgery"/>; to forging and uttering certain requests for the payment of £5 10s. and £1 13s. 1d. respectively, in each case with intent to defraud. Obtaining by false pretences from
<persName id="t19061119-name-70" type="victimName">
<interp inst="t19061119-name-70" type="gender" value="male"/>
<interp inst="t19061119-name-70" type="surname" value="GREEN"/>
<interp inst="t19061119-name-70" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-23-offence-1 t19061119-name-70"/>Frederick Green</persName> and others the sum of £1 13s. 1d. and from
<persName id="t19061119-name-71" type="victimName">
<interp inst="t19061119-name-71" type="gender" value="male"/>
<interp inst="t19061119-name-71" type="surname" value="STREETING"/>
<interp inst="t19061119-name-71" type="given" value="CHARLES HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-23-offence-1 t19061119-name-71"/>Charles Henry Streeting</persName> and
<persName id="t19061119-name-72" type="victimName">
<interp inst="t19061119-name-72" type="gender" value="male"/>
<interp inst="t19061119-name-72" type="surname" value="NAGEL"/>
<interp inst="t19061119-name-72" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-23-offence-1 t19061119-name-72"/>Henry Nagel</persName> a suit of clothes and other goods and the sum of £2 9s. 5d., in each case with intent to defraud</rs>. The police proved previous good character. Sentence,
<rs id="t19061119-23-punishment-20" type="punishmentDescription">
<interp inst="t19061119-23-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-23-punishment-20" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-23-19061119 t19061119-23-punishment-20"/>Six months' hard labour</rs>.</p> </div1>
<p>
<hi rend="largeCaps">THIRD COURT</hi>; Tuesday, November 20.</p>
<p>(Before the Common Serjeant.)</p>
<xptr type="pageFacsimile" doc="190611190021"/>
<p>
<persName id="t19061119-name-73">
<interp inst="t19061119-name-73" type="gender" value="male"/>
<interp inst="t19061119-name-73" type="age" value="16"/>
<interp inst="t19061119-name-73" type="surname" value="MCKENAN"/>
<interp inst="t19061119-name-73" type="given" value="ERNEST"/>
<interp inst="t19061119-name-73" type="occupation" value="vanguard"/>
<hi rend="largeCaps">MCKENAN</hi>, Ernest (16, vanguard)</persName>, who pleaded guilty at the September Sessions (see preceding vol., page 504), to breaking and entering, with four other boys, the Catholic Apostolic Church, Gordon Square, and stealing therein the sum of £59, the moneys of the trustees, and feloniously receiving same, came before the Court to be dealt with.</p>
<p>It having been stated by Mr. James Todd, who appeared for the prosecution, that the boy was now in the employment of the Van
<lb/>guard Omnibus Company, and was conducting himself well, and Sergeant Scholes having endorsed this statement subject to the quail
<lb/>fication that he had been fined 1s. for playing football on Sunday in the street, the Common Serjeant directed that he should be bound over in the sum of £10 to come up for judgment, observing that if the Sunday football was the worst thing against him he had perhaps as good a character as a boy ought to have, but warning him against further misbehaviour.</p>
<div1 type="trialAccount" id="t19061119-25">
<interp inst="t19061119-25" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-25" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-25-charge-1" targOrder="Y" targets="def1-25-19061119 t19061119-25-offence-1 t19061119-25-verdict-1"/>
<p>
<persName id="def1-25-19061119" type="defendantName">
<interp inst="def1-25-19061119" type="gender" value="male"/>
<interp inst="def1-25-19061119" type="age" value="28"/>
<interp inst="def1-25-19061119" type="surname" value="AMATO"/>
<interp inst="def1-25-19061119" type="given" value="LUIGI"/>
<interp inst="def1-25-19061119" type="occupation" value="labourer"/>
<hi rend="largeCaps">AMATO</hi>, Luigi (28, labourer)</persName>
<rs id="t19061119-25-offence-1" type="offenceDescription">
<interp inst="t19061119-25-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19061119-25-offence-1" type="offenceSubcategory" value="wounding"/>; feloniously shooting at and wound
<lb/>ing
<persName id="t19061119-name-75" type="victimName">
<interp inst="t19061119-name-75" type="gender" value="male"/>
<interp inst="t19061119-name-75" type="surname" value="HESTER"/>
<interp inst="t19061119-name-75" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-25-offence-1 t19061119-name-75"/>James Hester</persName>, with intent to do him some grievous bodily harm.</rs> </p>
<p>Mr. Fisher, who appeared for the prosecution, did not propose to offer further evidence, subject to his lordship's approval.</p>
<p>Prisoner, an Italian, took part in a street brawl armed with, a pistol, which he fired at the opposite party, the evidence for prosecu
<lb/>tion being that this was done without provocation, while witnesses for the defence stated that prisoner acted under provocation. Under the circumstances the Common Serjeant thought the best way to deal with the case was to discharge the recognisances, and leave the pro
<lb/>secution on the file of the Court for further evidence.</p>
<p>Mr. Walter Warren, on behalf of the accused, assented to this course.</p>
<p>
<rs id="t19061119-25-verdict-1" type="verdictDescription">
<interp inst="t19061119-25-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19061119-25-verdict-1" type="verdictSubcategory" value="directed"/>The Common Serjeant accordingly directed accused to be dis
<lb/>charged as Not guilty, observing that he would hear no more of the matter unless for some reason or another</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-26">
<interp inst="t19061119-26" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-26" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-26-charge-1" targOrder="Y" targets="def1-26-19061119 t19061119-26-offence-1 t19061119-26-verdict-1"/>
<p>
<persName id="def1-26-19061119" type="defendantName">
<interp inst="def1-26-19061119" type="gender" value="male"/>
<interp inst="def1-26-19061119" type="age" value="62"/>
<interp inst="def1-26-19061119" type="surname" value="KENDALL"/>
<interp inst="def1-26-19061119" type="given" value="WILLIAM JOHN"/>
<interp inst="def1-26-19061119" type="occupation" value="traveller"/>
<hi rend="largeCaps">KENDALL</hi>, William John (62, traveller)</persName>
<rs id="t19061119-26-offence-1" type="offenceDescription">
<interp inst="t19061119-26-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19061119-26-offence-1" type="offenceSubcategory" value="fraud"/>; having been entrusted with the several sums of 12s., 11s. 5d., and 5s., in order that he might pay the same to
<persName id="t19061119-name-77" type="victimName">
<interp inst="t19061119-name-77" type="gender" value="male"/>
<interp inst="t19061119-name-77" type="surname" value="HOOYDONK"/>
<interp inst="t19061119-name-77" type="given" value="JOHN"/>
<interp inst="t19061119-name-77" type="occupation" value="manufacturers' agent"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-26-offence-1 t19061119-name-77"/>John Hooydonk</persName>, did fraudulently convert the said moneys to his own use and benefit.</rs> </p>
<p>Dr. C. F. Lyne prosecuted.</p>
<p>Police-Sergeant
<hi rend="smallCaps">ELSAM</hi>, E Division. On October 22 I saw pri
<lb/>sener at the Bow Street Police Station. I read the warrant to him, and in reply he said, "I admit I had the money, but they cannot do anything with me because I was not a servant." Subsequently I called on the tradesmen from whom he had collected money, Mr. Kewley, of Highgate Hill, Mr. Ketley, Angus Lane, Kentish Town, and Mr. Sawyer, Great College Street, Westminster.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-78" type="witnessName">
<interp inst="t19061119-name-78" type="gender" value="male"/>
<interp inst="t19061119-name-78" type="surname" value="HOOYDONK"/>
<interp inst="t19061119-name-78" type="given" value="JOHN"/>JOHN HOOYDONK</persName> </hi>, 6, Leather Lane, Holborn, manufacturers' agent. About August 13 or 14 last I engaged prisoner as traveller, and entered into an agreement with him to pay him 10 per cent. Commis
<lb/>sion on orders, but without giving him leave to receive money. After he had been in my service about three weeks, thinking him fairly</p>
<xptr type="pageFacsimile" doc="190611190022"/>
<p>straightforward, I gave him leave to receive small accounts for me. I have received several sums from the prisoner, but not the 12s. due from Ketley, 5s. from Sawyer, and 11s. 5d. from Kewley. I first received money from prisoner on August 18, when he paid me 12s. 8d. due from Cole. I discovered by personal inquiry that the sums which are the subject of the indictment, had been received by him and not paid in. I certainly thanked him for bringing in the money he paid me, as I was very pleased to be saved the trouble of collect
<lb/>ing it such a distance away. I think I told him at the time that if there were any small amounts he could collect I should be very pleased if he would do so. It is about a month since prisoner was arrested. He came into my office one Friday and I reproached him for having collected one or two accounts, and asked him why he had not handed me the money? First of all he as good as denied it. I told him if he did not account I should have to call in an officer. When I told him that he said, "Oh! you cannot touch me; you cannot do anything to me." I sent my manager for a police
<lb/>man, and eventually we persuaded prisoner to go to the station, where we were given to understand that we could not charge him, and he was discharged for the time being. After that there was no account
<lb/>ing, and the matter was left where it was except that the detective took the case in hand. Prisoner overdrew his commission to the extent of about 30s. He was supposed to draw his commission every week, but one week he was rather short, and I let him have a cheque for 30s., which was about 28s. more than was due to him. When I found his orders were coming in very nicely he asked me for an advance on his commission, and I gave him an advance. The orders he gave me were genuine. I could not say what commission was. due to him at the time of his arrest, as personally I rarely look at the books.</p>
<p>The Common Serjeant remarked that this was not a case of an ordinary clerk who received money from his master, but the prisoner was a coupon agent, and they must see whether the case came within the statute.</p>
<p>Witness. I left the dealing with the agents almost entirely in the hands of my manager. I had perhaps nine or ten agents at the time.</p>
<p>The Common Serjeant complained that the prosecution apparently knew but little about this case, and had to pick it up as best they could. Unfortunately, cases in this Court never were prepared pro
<lb/>perly. Cases which could not be tried anywhere in this district except at this Court were always left to be done by the police, who understood nothing about it.</p>
<p>Witness. I was advised that it could be worked without a solicitor, otherwise I should have appointed my solicitor to take the case up.</p>
<p>The Common Serjeant. you were very badly advised, but, if you had employed a solicitor, the country would not have paid you, be
<lb/>cause you happen to be in the district of the Central Criminal Court of the country, where the business is done in this scandalous way. It is no use protesting against it, because it goes on for ever and ever.</p>
<xptr type="pageFacsimile" doc="190611190023"/>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-79" type="witnessName">
<interp inst="t19061119-name-79" type="gender" value="male"/>
<interp inst="t19061119-name-79" type="surname" value="VANZANDT"/>
<interp inst="t19061119-name-79" type="given" value="CLAUDE"/>CLAUDE VANZANDT</persName> </hi>, manager to Mr. Hooydonk. Prisoner never paid to me the amounts which are the subject of this indictment. Whether prisoner paid me or Mr. Hooydonk depended upon which of us was in the place. Sometimes Mrs. Hooydonk would receive money. When accounts were paid they were marked "Paid" on the slips pro
<lb/>duced. As prisoner received the orders he wrote them down. I do not know what prisoner paid Mrs. Hooydonk. I can only speak to those slips which I marked myself. I cannot speak to Hooydonk's. The slips were not produced before the magistrate; they were not asked for.</p>
<p>The Common Serjeant could not understand how prisoner ever came to be committed without this evidence. Under Finlay's Act, dealing with the fraudulent conversion of money received by a person who is not a servant, the prosecution must prove all the elements of lar
<lb/>ceny or embezzlement, except that the accused was a servant, what his position was, that he was not merely a debtor having a general account, that he received certain sums which it was his duty to hand over, and that he fraudulently converted not a general balance, but particular sums. On these depositions that could not be proved. The whole of the evidence really consisted in the one statement proved by the police-constable, that the prisoner admitted that he received the money, but said as he was not a servant they could do nothing.</p>
<p>Dr. Lyne. The three parties are here who swore that they paid him.</p>
<p>The Common Serjeant: That will not help us. We find what he did in the other cases, but that does not say that he fraudulently con
<lb/>verted these particular items. Addressing the jury, his Lordship said that there could be only one finding in this case, though it was a very unsatisfactory one.</p>
<p>The Jury accordingly returned a verdict of
<rs id="t19061119-26-verdict-1" type="verdictDescription">
<interp inst="t19061119-26-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19061119-26-verdict-1" type="verdictSubcategory" value="directed"/>Not guilty</rs>.</p>
<p>The Common Serjeant observed that in any other county the matter would have been taken up by a solicitor and thoroughly worked out. A solicitor would either have said there was no case, and the prosecu
<lb/>tion would not have gone on with it, or the case would have been ready at the trial. At the Central Criminal Court, which was the Assizes for about one-fifth of the whole of England, practically, no one got up a case at all, the reason being that here no costs were allowed to the prosecutor for coming forward in the interests of the public, but this had been so often pointed out that it was not worth while to do it any more.</p> </div1>
<div1 type="trialAccount" id="t19061119-27">
<interp inst="t19061119-27" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-27" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-27-charge-1" targOrder="Y" targets="def1-27-19061119 t19061119-27-offence-1 t19061119-27-verdict-1"/>
<join result="criminalCharge" id="t19061119-27-charge-2" targOrder="Y" targets="def2-27-19061119 t19061119-27-offence-1 t19061119-27-verdict-1"/>
<p>
<persName id="def1-27-19061119" type="defendantName">
<interp inst="def1-27-19061119" type="gender" value="male"/>
<interp inst="def1-27-19061119" type="age" value="23"/>
<interp inst="def1-27-19061119" type="surname" value="COLLINGS"/>
<interp inst="def1-27-19061119" type="given" value="ERNEST ARTHUR"/>
<interp inst="def1-27-19061119" type="occupation" value="clerk"/>
<hi rend="largeCaps">COLLINGS</hi>. Ernest Arthur (23, clerk)</persName>,
<persName id="def2-27-19061119" type="defendantName">
<interp inst="def2-27-19061119" type="gender" value="male"/>
<interp inst="def2-27-19061119" type="age" value="24"/>
<interp inst="def2-27-19061119" type="surname" value="WINNING"/>
<interp inst="def2-27-19061119" type="given" value="PERCY"/>
<interp inst="def2-27-19061119" type="occupation" value="merchant"/>
<hi rend="largeCaps">WINNING</hi>, Percy (24, merchant)</persName>
<rs id="t19061119-27-offence-1" type="offenceDescription">
<interp inst="t19061119-27-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19061119-27-offence-1" type="offenceSubcategory" value="fraud"/>; both conspiring and agreeing together to defraud the
<persName id="t19061119-name-82" type="victimName">
<interp inst="t19061119-name-82" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-27-offence-1 t19061119-name-82"/>Type
<lb/>writer Company, limited</persName>, and divers other persons of their goods; both obtaining by false pretences from
<persName id="t19061119-name-83" type="victimName">
<interp inst="t19061119-name-83" type="gender" value="male"/>
<interp inst="t19061119-name-83" type="surname" value="BURNSIDE"/>
<interp inst="t19061119-name-83" type="given" value="FREDERICK WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-27-offence-1 t19061119-name-83"/>Frederick William Burnside</persName> one typewriter; from
<persName id="t19061119-name-84" type="victimName">
<interp inst="t19061119-name-84" type="gender" value="male"/>
<interp inst="t19061119-name-84" type="surname" value="KIRNER"/>
<interp inst="t19061119-name-84" type="given" value="FRANK EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-27-offence-1 t19061119-name-84"/>Frank Edward Kirner</persName> 48 bags; from
<persName id="t19061119-name-85" type="victimName">
<interp inst="t19061119-name-85" type="gender" value="male"/>
<interp inst="t19061119-name-85" type="surname" value="MENDELSOHN"/>
<interp inst="t19061119-name-85" type="given" value="MOSS"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-27-offence-1 t19061119-name-85"/>Moss Mendelsohn</persName> and another one sideboard and one bedroom suite; from the
<persName id="t19061119-name-86" type="victimName">
<interp inst="t19061119-name-86" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-27-offence-1 t19061119-name-86"/>Remington Typewriter Company</persName>, one typewriter; from the Type
<lb/>writer Company, Limited, one typewriter; from
<persName id="t19061119-name-87" type="victimName">
<interp inst="t19061119-name-87" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-27-offence-1 t19061119-name-87"/>Wolfsky and Com
<lb/>pany, Limited</persName>, divers kit bags; from
<persName id="t19061119-name-88" type="victimName">
<interp inst="t19061119-name-88" type="gender" value="male"/>
<interp inst="t19061119-name-88" type="surname" value="MARKS"/>
<interp inst="t19061119-name-88" type="given" value="MICHAEL DAVID"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-27-offence-1 t19061119-name-88"/>Michael David Marks</persName> four tea services and other goods; from
<persName id="t19061119-name-89" type="victimName">
<interp inst="t19061119-name-89" type="gender" value="male"/>
<interp inst="t19061119-name-89" type="surname" value="LACEY"/>
<interp inst="t19061119-name-89" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-27-offence-1 t19061119-name-89"/>James Lacey</persName> and others a quantity of silk; from
<persName id="t19061119-name-90" type="victimName">
<interp inst="t19061119-name-90" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-27-offence-1 t19061119-name-90"/>Livingstone and Company, Limited</persName>, one ton of cotton Waste; from
<persName id="t19061119-name-91" type="victimName">
<interp inst="t19061119-name-91" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-27-offence-1 t19061119-name-91"/>Adams and Company, Limited</persName>, one ton of cotton waste; and from
<persName id="t19061119-name-92" type="victimName">
<interp inst="t19061119-name-92" type="gender" value="male"/>
<interp inst="t19061119-name-92" type="surname" value="GREENSLADE"/>
<interp inst="t19061119-name-92" type="given" value="WILLIAM ACCRINGTON"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-27-offence-1 t19061119-name-92"/>William Accrington Greenslade</persName> divers brushes, in each case with intent to defraud; both in incurring certain debts and liabilities to the said persons to the said amounts, did obtain credit from them under false pretences and by means of fraud other than false pretences</rs>.</p>
<xptr type="pageFacsimile" doc="190611190024"/>
<p>Mr. J. P. Grain and Mr. Eustace Fulton prosecuted; Mr. Louis Green and Mr. Wertheimer defended.</p>
<p>Mr. Grain, in opening the case, divided the charges in the indict
<lb/>ment of obtaining goods by fraudulent devices into two periods, the first from October, 1905, to March, 1906, when an alleged business was carried on in the name of A. Collings and Co., 88, Chiswell Street, ex
<lb/>port merchants, manufacturers, etc., and the second from June, 1906, down to the time of the arrest in October, when business was carried on in the name of Winning and Co., 16 and 17, Devonshire Square, E.C., merchants and manufacturers. Other persons charged in the indictment at conspirators were Phillips, Bagnell, Pugh, and Feld
<lb/>mann.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-93" type="witnessName">
<interp inst="t19061119-name-93" type="gender" value="male"/>
<interp inst="t19061119-name-93" type="surname" value="GRIMSDALL"/>
<interp inst="t19061119-name-93" type="given" value="HENRY"/>HENRY GRIMSDALL</persName> </hi>, High Bailiff of the Shoreditch County Court. Or March 14 I was in possession at the office of Collings and Co., 88, Chiswell Street, the total amount I required being £19 14s., £14 13s. debt, and the balance expenses. The plaintiffs were H. Hewetson and Co., 27, Watling Street, twine manufacturers. I pro
<lb/>duce the inventory. On March 15 the Sheriff of London and Mid
<lb/>dlesex followed me for £33 3s. 10d. I took sufficient goods to satisfy the £19 14s., and he took the remainder.</p>
<p>Cross-examined. I found two typewriters at 88, Chiswell Street, a Remington and a Barlock.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-94" type="witnessName">
<interp inst="t19061119-name-94" type="gender" value="male"/>
<interp inst="t19061119-name-94" type="surname" value="KIRNER"/>
<interp inst="t19061119-name-94" type="given" value="FRANK EDWARD"/>FRANK EDWARD KIRNER</persName> </hi>, manager to Garstin and Co., leather-goods manufacturers. Queen's Square, Aldersgate Street. In consequence of a message by telephone from Collings and Co., 88, Chiswell Street, which I received on or about January 1 of this year, I sent a sample of kit bags, and subsequently received from the firm an order by post giving Pugh and Co., 173-5, Fleet Street, as a reference. We communicated with Pugh and Co., and received a reply from them stating, "We have not known this firm very long, and have only had one business transaction with them. In confidence, we do not think it policy to give them any credit." Before delivering the goods we also inquired at the London and County Bank. where we found Collings and Co. had an account. The value of the goods delivered was £15 8s. I afterwards called several times at Chiswell Street, where I saw Collings. I wanted to get the money, and also to see what kind of place it was. I gave the intimation that we ex
<lb/>pected a cash payment. He did not raise any objection to that that I remember. I did not get the money. On January 24 we received</p>
<xptr type="pageFacsimile" doc="190611190025"/>
<p>another order, and we then agitated for payment of the first. We got the payment eventually on February 3 by cheque, which was honoured. We then executed the second order, which amounted to £28 18s. I believed that the statement on the heading that Collings and Co. were merchants was genuine. I called at the office several times, but did not see either of these men, but a middle-aged man, in the outer office. I was told, I think, that the principal was away in Manchester. That was the sort of excuse I got. I think I only saw Collings once when I called. He never represented to me that there was a man named Winning connected with the business. Besides the inquiries of Pugh and the London and County Bank we had a confidential trade inquiry report, which was satisfactory.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-95" type="witnessName">
<interp inst="t19061119-name-95" type="gender" value="male"/>
<interp inst="t19061119-name-95" type="surname" value="BURNSIDE"/>
<interp inst="t19061119-name-95" type="given" value="FREDERICK WILLIAM"/>FREDERICK WILLIAM BURNSIDE</persName> </hi>, traveller, Remington Typewriter Company. I recollect calling about the middle of January on the firm of A. Collings, and Co., 88, Chiswell Street, to sell a machine. I saw prisoner Collings, and later on I got an order. The typewriter was delivered on January 15 and invoiced on January 30 at £22 17s. The terms of payment were 5 per cent, cash in 10 days. I believe I called afterwards to tee whether the machine was going along all right. Our collector called for the money, but did not get it, and we have never seen the machine since. The place consisted of two or three small rooms on the second floor. There were desks and other furniture. There seemed to be a little stock there at far at I could see.</p>
<p>Cross-examined by Mr. Green. My first visit was not due to any application by Collings and Co. I was canvassing. The typewriter was on the premises at Chiswell-street when the bailiff levied.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-96" type="witnessName">
<interp inst="t19061119-name-96" type="gender" value="male"/>
<interp inst="t19061119-name-96" type="surname" value="BATTEN"/>
<interp inst="t19061119-name-96" type="given" value="WILLIAM VICTOR"/>WILLIAM VICTOR BATTEN</persName> </hi>, traveller, Remington Typewriter Com
<lb/>pany. In June last I called upon Winning and Co., 16 and 17, Devon
<lb/>shire Square. I had then no knowledge that they had any connection with Collings and Co., of Chiswell Street. On the occasion of my first call the name of H. Binks appeared on an indicator in the passage. On the occasion of my second call the name of Binks had been obliterated and Winning and Co. substituted. I saw prisoner Winning, having called with the object of ascertaining whether he would require any machines for use in the business, which, so far as I could see, was a new one. After trial, he decided to keep the machine, and it was invoiced to him on June 29 at £22 9s. 6d. I called attention to the fact that Binks's name had been obliterated, and Winning told me that Binks had been taken over by him and the business was now Winning and Co. I gathered from what I saw that the business carried on was that of general merchants. I called afterwards, and at various times saw both prisoners there. As we were unable to get the money, my firm instructed their solicitors to sue for it. They got judgment but never recovered anything.</p>
<p>Cross-examined by Mr. Green. When I first called I was can
<lb/>vassing. I am certain about what Winning said as to his having taken over the business of Binks and Co. He did not say he had taken over the offices. I understood that he had taken over the busi
<lb/>ness</p>
<xptr type="pageFacsimile" doc="190611190026"/>
<p>of Binks and Co., and also that he had taken Binks into part
<lb/>nership. I did not ask for any reference.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-97" type="witnessName">
<interp inst="t19061119-name-97" type="gender" value="male"/>
<interp inst="t19061119-name-97" type="surname" value="FERRIS"/>
<interp inst="t19061119-name-97" type="given" value="GEORGE"/>GEORGE FERRIS</persName> </hi>, district manager of the Remington Company, gave evidence as to the delivery of the machine, to calling for the money, and to seeing Collings on the premises, who then gave the name of Marsden. On one occasion Collings said the money would be all right, Mr. Winning being wealthy. After a time, in consequence of information received, witness swore an information at the Guild
<lb/>hall. When he first called on Winnings he had no knowledge that they had anything to do with Collings and Co., of Chiswell Street.</p>
<p>Cross-examined. Collings never led me to believe that he was a member of the firm of Winning and Co., but spoke as if he were a clerk.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-98" type="witnessName">
<interp inst="t19061119-name-98" type="gender" value="indeterminate"/>
<interp inst="t19061119-name-98" type="surname" value="FOOTE"/>
<interp inst="t19061119-name-98" type="given" value="AUBREY WILLIAM"/>AUBREY WILLIAM FOOTE</persName> </hi>, traveller for the Typewriter Company, Limited (Royal Barlock). About the end of July I called on the firm of P. Winning and Co. I cannot recollect that I saw either of the prisoners then. After some conversation, I obtained an order for a Barlock typewriter, and the machine was delivered shortly afterwards.</p>
<p>Cross-examined. I did not ask for or receive any references.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-99" type="witnessName">
<interp inst="t19061119-name-99" type="gender" value="male"/>
<interp inst="t19061119-name-99" type="surname" value="VOWLES"/>
<interp inst="t19061119-name-99" type="given" value="VICTOR HOWARD"/>VICTOR HOWARD VOWLES</persName> </hi>, manager of the Typewriter Company, Limited. On July 25, typewriter No. 105,425, of the value of £23. was delivered to Winning and Co. upon the order brought in by last witness, the terms being 5 per cent, for cash within seven days. The usual custom it to allow seven days' trial. At the expiration of the period of trial our usual custom is to write a polite letter as fellow: "Dear Sir,—As we have often found that our customers have been desirous of obtaining the special discount for cash within seven days, and have missed securing this through overlooking the date of the invoice, we follow our usual custom and send you this reminder; but, of course, if you prefer to take the monthly account net we are quite agreeable. Trusting the machine is giving you every satisfaction, and that we shall be favoured with your kind recommendations, we are." etc. The machine in question was never delivered to a person of the name of Bagnell. I never heard of such a person. We have had no transactions with him. The machine produced is the one supplied. We had previously supplied a machine to Collings and Co., of Chiswell Street, in February of this year, the price being £23. For that we have received no money. I heard afterwards that Collings and Co. had gone away, that they had been unfortunate.</p>
<p>Cross-examined. I do not know that the bailiff of Shoreditch County Court seized two typewriter machines. He seized ours, I know.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-100" type="witnessName">
<interp inst="t19061119-name-100" type="gender" value="male"/>
<interp inst="t19061119-name-100" type="surname" value="BULL"/>
<interp inst="t19061119-name-100" type="given" value="OLIVER"/>OLIVER BULL</persName> </hi>, pawnbroker, Bishopsgate Street. On October 11 a Barlock typewriter was brought to our place by somebody giving the name of Culley, of P. Winning and Co., but I cannot swear that it was this machine. The card and receipt produced were handed to us by the person pawning the typewriter. The card was that of "P. Winning and Co., merchants and manufacturers, 16 and 17, Devon
<lb/>shire</p>
<xptr type="pageFacsimile" doc="190611190027"/>
<p>Square, E.C." The receipt purported to be a receipt for the typewriter by H. Begnell and Co., steel pen manufacturers, of 30, Cotton Street, E., for £15 10s. (This receipt was in the handwriting of Collings.) Upon production of that receipt we lent £4. On October 10 the typewriter was redeemed by Winning and Co., £4 2a. 8d. being paid, but as I had then had notice from the police and from the Type
<lb/>writer Company I did not part with it.</p>
<p>Cross-examined. The man who pawned the machine gave the name of John Culley, of P. Winning and Co.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-101" type="witnessName">
<interp inst="t19061119-name-101" type="gender" value="male"/>
<interp inst="t19061119-name-101" type="surname" value="HALL"/>
<interp inst="t19061119-name-101" type="given" value="GEORGE ALFRED"/>GEORGE ALFRED HALL</persName> </hi>, cashier of the Birmingham Cabinet Manu
<lb/>facturing Company (in which Mr. Moss Mendelssohn is a partner). About February 1 of this year my firm received a postcard from "Col
<lb/>lings and Co., merchants and shippers, 88, Chiswell Street, Finsbury Pavement," asking for our illustrated catalogue. On February 7 we sent them a reminder. We subsequently received an order for a wal
<lb/>nut sideboard, No. 384 (6 ft.), at £31, less £50 per cent., Messrs. Pugh, of Fleet Street, being given as reference. The sideboard was to be delivered at the station of the London and North-Western Railway, Broad-street, London, and was, presumably, for shipment. The side
<lb/>board was sent in accordance with these instructions after we had applied to Pugh, who wrote that Messrs. Collings and Co. were satis
<lb/>factory, but they would not recommend us to trust them beyond £30 or £40 a month. Upon that we enclosed an invoice to Collings and Co., asking for cash before delivery, and in reply Collings and Co. wrote that, as they had forwarded the usual trade reference cash before delivery could hardly be expected. Upon that we sent the sideboard, which, with its packing, amounted to £16 5s. We applied several times for payment, but received no reply, and the last letter was re
<lb/>turned through the Post Office. On July 4 we received a postcard from P. Winning and Co., in a form similar to that of Collings and Co., and also asking for our catalogue. The writing on both cards is, I think, the same. We forwarded the catalogue. On July 10 we wrote them a reminder, and on September 20 we received an order for one Stanley Suite American walnut at £37 10s., less 50 per cent., to be delivered to Winning and Co., Devonshire Square. We wrote for re
<lb/>ferences, and they replied that if we would advise them when the goods were ready they would send references. By an oversight the references were not taken, but the goods were sent per Midland Rail
<lb/>way on October 6, with an invoice for £20 6s. We made two applica
<lb/>tions for payment, but got no reply to either. On November 5 I saw the bedroom suite in the hands of the City Police at Moor Lane Police Station.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-102" type="witnessName">
<interp inst="t19061119-name-102" type="gender" value="male"/>
<interp inst="t19061119-name-102" type="surname" value="FEATHERSTONE"/>
<interp inst="t19061119-name-102" type="given" value="CHARLES"/>CHARLES FEATHERSTONE</persName> </hi>, London manager to William Acerington Greenslade, brush manufacturer, Bristol. On September 7 I received a sample order from P. Winning and Co., which came to £1 7s. 8d., the terms being 2 1/2 per cent, for thirty days. On September 24 I re
<lb/>ceived a letter from the same firm enclosing a further order to the amount of £13 7s. The goods were packed loosely in baskets, and were delivered late in the evening of October 17 at Devonshire Square. We have never been paid.</p>
<xptr type="pageFacsimile" doc="190611190028"/>
<p>Mrs.
<hi rend="smallCaps">RACHAEL ARRABUS</hi>, wife of Samuel Arrabus, 39, South Block, Stoney Lane, Houndsditch. I deal in new and second-hand furniture and other job lines of goods. I did not know the prisoners until I bought the furniture. I was sent for by a friend of mine, a Mrs. Levy, who works at hand linen, blouses, and that sort of thing. She took me to Devonshire Square, where I saw both prisoners. They asked if I would like to buy a bedroom suite. I bought the suite on October 12, and I went there about a fortnight before that. I saw the furniture in the basement of No. 16. It was new, but I had some new handles put on it. Prisoners asked £14. The suite consisted of a wardrobe, dressing table, washstand, and three chairs. I bid to £12, and they said they could not take my money, but in a week or so they sent to say they would accept it. I went with my sister to look at it again and agreed to the £12. Prisoners were both there. Collings took the money and wrote out this receipt: "London, 12th October, 1906.—Dr. to R. Phillips, job buyer and commission agent, 27, Wel
<lb/>lington Buildings, Bow, E. One bedroom suite of furniture.—Received cash, R. Phillips. October 12." They delivered the goods where I store things in Titley Street, Spitalfields. The suite was after
<lb/>wards stopped by the police and is now at Moor Lane Police Station. About a week afterwards I again saw prisoners at Mrs. Levy's, who had again sent for me. They asked me if I would buy some more goods. I said, "If I can, I will," and I subsequently bought some brooms and brushes (about half the quantity obtained from Green
<lb/>slade) for £3 10s. the receipt being again made out in the name of R. Phillips by prisoner Collings. I sold the brushes and things off a barrow separately in Stoney Lane, where I often have goods out on Sunday. I produce an account of what I bought. I counted the brushes and brooms as I bought them, and my sister and I carried them home. There were 24 hairs (long brooms), two dozen balusters (staircase), eight dozen scrubs (scrubbing brushes), and 42 large stoves (stove brushes).</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-103" type="witnessName">
<interp inst="t19061119-name-103" type="gender" value="male"/>
<interp inst="t19061119-name-103" type="surname" value="BOYS"/>
<interp inst="t19061119-name-103" type="given" value="WALTER"/>WALTER BOYS</persName> </hi>, traveller of Messrs. Wolfsky and Co., leather manu
<lb/>facturers, 17 and 18, Bridgewater Square. On June 11 we received a letter from the firm of P. Winning and Co., asking for a catalogue. I afterwards called at 16 and 17, Devonshire Square, and saw Win
<lb/>ning. I had some conversation with him as to the character of his business, and tried to get out of him whether he had a bona-fide shipping business. I only represent my firm in shipping. He said he had been with Cook and Co., St. Paul's Churchyard, and had been out to South Africa, which was an important point from my point of view. I think he said he had been in the Cape Mounted Rifles, either that or in the Cape Mounted Police. He undoubtedly said he was a South African merchant. That is the first question I asked him, because that trade is a different class of goods. I told him we had a new catalogue in the press, but it was not ready, but as soon as it came out we should have pleasure in forwarding him a copy. He said that would do, but he wanted a few bags—that class of goods. A few days afterwards some travelling bags were supplied</p>
<xptr type="pageFacsimile" doc="190611190029"/>
<p>by my firm. On July 16, when I called again, I saw the prisoner Collings, whom I did not know as Collings then. I think he gave the name of Somers; it was not Collings, I can swear. I asked if the bags ordered by Winnings suited, and he said he thought they were a little bit dear, and then we argued the point. As a matter of fact, Winning had called at our warehouse. Collings said he had had a cheaper bag offered to him, and we went up to the third floor to look at the bags. I said they were good value, and so on, and in the end he agreed to keep them. We afterwards received from P. Winning and Co. an order for double-handled kit (Dublin) bags, to the value of £6 12s., which were delivered on July 17. The account was subject to a discount of 2 1/2 per cent. for cash.</p>
<p>(Wednesday, November 21.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-104" type="witnessName">
<interp inst="t19061119-name-104" type="gender" value="male"/>
<interp inst="t19061119-name-104" type="surname" value="BOYS"/>
<interp inst="t19061119-name-104" type="given" value="WALTER"/>WALTER BOYS</persName> </hi>, further examined. After the delivery of the bags on July 16 I called again at Devonshire Square. I saw an old man in the outer office whom I had seen once before. I also saw Col
<lb/>lings, who said the governor was away ill. I never knew Collings as Collings; he gave some other name. On August 1 I received a telephone message purporting to come from Winning and Co., again ordering doubled-handled kit bags. At the end of August, on ac
<lb/>count of a communication from the firm, I called at Devonshire Square. I had previously learned that in my absence on a holiday an order had been delivered on August 15 to the value of £12 7s. 6d. It was Winning I saw on that occasion. He said he had been in Guy's Hospital for some weeks. I said there had been a misunder
<lb/>standing with my firm over references. My firm thought I was guaranteeing the amount, which practically meant that I knew all about prisoners, and they had not troubled to make a reference through trade sources. I said I should like two references, and he said, "Certainly," and gave me the names of Albert Oehen and Co., watch manufacturers, Newgate Street, opposite Old Bailey, and H. Bagnell, Wheeler's Lane, Birmingham, pen manufacturers. I thanked him, and went straight on to Newgate Street, and subse
<lb/>quently made a report to my firm. On September 18 I again called at Devonshire Square, and saw Winning. I said to him, "You have been round to our firm and ordered a bag for your own personal use, and also a gent's fitted suit case, value nine guineas, on ap
<lb/>proval. As you have had this case eight days we must know whether you wish it charged up or are going to return it." He said it was ‚úówith a customer, and he had not had an answer yet. Would I call later in the day? I did so, and he put me off by saying he had not been able to see his client. I called the next day, and said to him, "We must have the suit case settled up," and he said, "I will go on and see the man at once." I said, "All right, I would like to come with you," and he replied, "Oh, that would scarcely be fair." I called on several other occasions, and in the end he said, "Charge he bag up; I have sold it." I think it was on the same day I saw</p>
<xptr type="pageFacsimile" doc="190611190030"/>
<p>Collings, because I waited three solid hours while Winning was out about the suit case. I told Collings we wanted a bit of money, and could not they pay half of it, say £15? He started talking about a bill for a month, and I said, of course, I should have to refer that to my firm. On a later occasion I said to Winning, "What about our account? My firm are on to me every day, as we have not seen the colour of your money yet, and unless we can get something definite we shall have to sue, as our terms are monthly." We never got any money from him.</p>
<p>Cross-examined by Mr. Wertheimer. Winning said that he was trying to work up a business as a South African merchant By infer
<lb/>ence he said that he was a South African merchant. He said that he had been out there, and gave me the impression of knowing the trade. I have had 25 years' business experience. I do not agree that the premises and general surroundings did not show a very flourishing business. I believed that a lucrative business was being carried on, because in the outer office there was a very large bill case full of letters and papers, which I examined when I was left alone. I do not see that my conduct was unprofessional, because when we go out we have to get as much information as we can, especially about a new client. I have reason to believe that Winning had been with Cook and Son, of St Paul's Churchyard. I knew from his conversation he had had good general business training, and that induced me to do business with him. He seemed to understand hit business. I did not see Mr. Olhens himself, butt I saw his manager. I asked him if he would show me his account with Winning. He said he could not do that, but Olhens had certainly done considerable business with Win
<lb/>ning. Winning had paid about £30 or £40, and owes him, roughly, £60 or £70. Olhens' manager then showed me the "South African Export Gazette," a paper published in the interests of South African merchants, and directed my attention to a paragraph to this effect: "There is a very junior firm (or young firm) in the neighbourhood of Devonshire Square, and we advise our clients to he very careful about trusting them." Of course, it was a guarded thing, no name being mentioned. Collings did not give me the impression of, being a part
<lb/>ner in the business, but buyer or manager.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-105" type="witnessName">
<interp inst="t19061119-name-105" type="gender" value="male"/>
<interp inst="t19061119-name-105" type="surname" value="LIVINGSTONE"/>
<interp inst="t19061119-name-105" type="given" value="FREDERICK"/>FREDERICK LIVINGSTONE</persName> </hi>, managing director of Livingstone and Co., Limited, cotton waste manufacturers, Manchester. Mr. George Starnes, of Monument Buildings, is our London agent. On July 25 we re
<lb/>ceived a letter which had been addressed to him by P. Winning and Co., of Devonshire Square, asking for samples and quotations of white and coloured cotton waste. On July 26 we quoted prices for press-packed bales, delivered f.o.b., with 2 1/2 per cent, for prompt cash. Under date August 13 we received an order for half a ton coloured waste at £20 per ton, and half a ton of white at £25, "press-packed bales, f.o.b. Terms, 2 1/2 per cent prompt cash." On September 6 we received a postcard, "Please let us know when to expect delivery of goods ordered on 13th ult. and oblige.—P. W. and Co." On September 8 we wrote, "We have been awaiting your instructions. The goods will</p>
<xptr type="pageFacsimile" doc="190611190031"/>
<p>be ready for shipment by end of next week. Have we to make of each quality two bales of 5 cwt.?" On September 10 they wrote directing us to send in four bales of 5 cwt., with marks for shipment. We for
<lb/>warded the bales and sent them an invoice amounting to £22 10s. 8d. Under date October 2, we received from them, "Please quote and sample in sponge doth," giving a number of sizes. We replied on October 4, sending samples and quoting prices, and under date October 8 we received an order for 20 gross. Sponge cloth is an open woven cloth used for wiping grease, and may be seen on steamers round the stokers' necks. All these things indicated to us a shipping trade. The amount of the order was about £25. We did not, however, deliver it, having received information. We have never been paid anything. We heard of me arrest, and gave infor
<lb/>mation to the police. On November 5 I was taken to the office of Messrs. Osmond, Matthews, and Co., in Hearn Street, City Road, where I saw three bales of our goods which had been detained by the police. Neither of the bales had been unpacked, and I found on them traces of our marks which in some cases had been entirely cut away. Looking at the headings of the letters, to the fact of the goods being ordered to be packed and marked outside, and to be quoted f.o.b., we believed that they were for shipment, and that P. Winning and Co. were doing a genuine business.</p>
<p>Cross-examined by Mr. Wertheimer. Goods for shipment are press-packed in bales of 5 cwt. In the domestic trade the package is invariably one cwt. The marks they gave us were such as are used in the export trade, "P.W." in a "diamond." The goods were directed to be sent to the care of Fisher, Renwick, and Co., Man
<lb/>chester Wharf, Shadwell Basin. We knew nothing about their ulti
<lb/>mate destination, whether Australia or South Africa. We considered Winning's a businesslike communication. They did not hurry us for the stuff; they gave us time to turn round. There was no repre
<lb/>sentation beyond what appears on the correspondence, the whole tenor of which was misleading. No doubt if we had been more cir
<lb/>cumspect we should have obtained references.</p>
<p>Re-examined. The object of press packing is to reduce freight "F.o.b." indicated that they were to be shipped, not sold in the City Road. We had to deliver the goods free to London. It was within our rights to send them in any way we liked.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-106" type="witnessName">
<interp inst="t19061119-name-106" type="gender" value="male"/>
<interp inst="t19061119-name-106" type="surname" value="SMITH"/>
<interp inst="t19061119-name-106" type="given" value="FREDERICK"/>FREDERICK SMITH</persName> </hi>, traveller of Messrs. Adams and Co., Limited, waste manufacturer, Manchester. In September we received from Mr. Chadwick, of Rochdale, another cotton waste, manufacturer, a request for samples of cheap coloured waste, which he had received from P. Winning and Co. I took the letter to Devonshire Square, where I saw Winning, and asked him what his requirements were. He said he required about one ton of cotton waste, and that the order was for Johannesburg. He said also the buyer was over from South Africa, and had given him the option to purchase cotton waste for him. We had some conversation about South Africa, Winning stating that he had been stationed there in business, and that he</p>
<xptr type="pageFacsimile" doc="190611190032"/>
<p>went out with the Imperial Yeomanry. He also said he had come over to England to manage the business he was then conducting. On that occasion I saw Livingstone's samples, and Winning told me he was doing business with them, and also with Cookson's, of Manchester. Both are firms well known in the trade and friends of ours. I wrote to our firm and caused samples to be sent on. On October 2 I came up to London and went to Devonshire Square, where I saw Winning. He said he had shown the samples to the buyer, who had been unable to decide, but would see them again. He asked me to call next day at 10.30. I did so, and he said he had not been able to decide, but if I would call again at 12 o'clock he hoped to be able to place the order with me, as our prices were a little lower than those of other firms who had quoted. When I went again at 12 the order had been made out for me: "One ton Thrum 10 at 25s. 3d. per cwt. To be press-packed, in 5-cwt. bales, marked 'P. W. J.' in a 'diamond,'—P. Winning and Co." The words in pencil "Must be in London on Fri
<lb/>day by five p.m. latest; catch boat" are in my writing, and were pat on in accordance with what Winning told me, that the goods were for South Africa, and the boat was leaving on Saturday from Shadwell Basin. After finishing with the order, he told me that he would pro
<lb/>bably be coming to Manchester in the course of a few days along with his buyer, and they would inspect our factory. The goods were de
<lb/>spatched on the following Thursday, and we sent an invoice to Win
<lb/>ning for £25 5s., and we gave special instructions to the Midland Railway that they were needed to catch a boat. Application was made for payment, but we heard nothing more of the mailer until we saw that they had been arrested. From the conversations I had with prisoner, I believed the goods were for shipment. On November 5 I went with the detective-sergeant to Messrs. Osborne and Matthews's, in Hearn Street, where I saw our goods. They were packed in canvas. The marks' had been cut off, but we have a special marking ink, with which we paint the marks on, sad pert of that was remaining.</p>
<p>Cross-examined. It is our practice to ask for references, but we did not on this occasion, because we thought if he was doing business with Livingstone's and Cookson's it was good enough for us. When I got back, the firm instituted proceedings to ascertain the standing of Winning's firm, and we got a very bad report. At that time the goods had been despatched.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-107" type="witnessName">
<interp inst="t19061119-name-107" type="gender" value="male"/>
<interp inst="t19061119-name-107" type="surname" value="MATTHEWS"/>
<interp inst="t19061119-name-107" type="given" value="FREDERICK POSMAN"/>FREDERICK POSMAN MATTHEWS</persName> </hi>, Messrs. Osmond and Matthews, Hearn Street, Finsbury. I know a man named Feldman. He celled on me at the end of September or the beginning of October. After
<lb/>wards he bought me some samples of cotton waste, and I bought some of him, the following being the receipt: "37, Ferntower Road, Canon
<lb/>bury, N. London. October 10, 1906. Messrs. J. Osmond and Mat
<lb/>thews. Bought of J. Feldman. Job Buyer, Factor and Commission Agent—1 ton cotton waste, £15 15s. 10 dozen laid cord, 3s. 9d., £1 17s. 6d. (Total) £17 7s. 6d." I also bought a ton of cotton waste for £14. The goods were delivered in 5 cwt. bales. I am</p>
<xptr type="pageFacsimile" doc="190611190033"/>
<p>holding the goods under the direction of the police. I made my price by the samples.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-108" type="witnessName">
<interp inst="t19061119-name-108" type="gender" value="male"/>
<interp inst="t19061119-name-108" type="surname" value="SPENCER"/>
<interp inst="t19061119-name-108" type="given" value="SIDNEY"/>SIDNEY SPENCER</persName> </hi>, cashier to Campion, Lacey, and Co., Milton Buildings, Watling Street, E.C. On August 16 I received a message through the telephone from P. Winning and Co., asking for pat
<lb/>terns and samples, and I caused samples to be sent, under date August 17 we received an order for three pieces of black silk taffe'a at 16 3/4 d., with reference to Messrs. A. Oehen and Co., 123 and 124, Newgate Street. The three pieces came to about £21. I got a refer
<lb/>ence from Oehen, and asked for further references through the 'phone. The answer was that they did not do so with the London houses. I then asked them to give me any country house that I knew, and they gave me a reference to Bagnell and Co., Birmingham. I wrote to Bagnell and Co. the tame evening, and three days afterwards a person who gave the name of Wells called upon, me and said he was one of the partners in that firm. In consequence of what he said I let the goods go. The signature appended to the receiving note was that of "A. Culley," and the date August 23. An invoice ac
<lb/>companied goods. No application was made for payment, which was not due for 30 days. Goods delivered after August 20 would be due, less 2 1/2 per cent, commission, any date in November up to the 10th. I heard of the arrest, and communicated with the police. I acted entirely upon the references. Wells satisfied me as to their respectability. I have not seen him since.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-109" type="witnessName">
<interp inst="t19061119-name-109" type="gender" value="indeterminate"/>
<interp inst="t19061119-name-109" type="surname" value="STOCKER"/>
<interp inst="t19061119-name-109" type="given" value="DETECTIVE"/>DETECTIVE STOCKER</persName> </hi>, City Police. I went to Cotton Street, East the address given as that of Bagnell. There are two Cotton Streets, one off the East India Dock Road, and the other at the back of the London Hospital. In the former I made inquiries at No. 30, and ascertained, as far as I could go back, that no Bagnell had ever lived there. I could find no one who knew anything about Bagnell and Co., steel pen manufacturers and inventors of the magnetic electric pen, or the works at Wheeley's Lane, Birmingham. In Cotton Street, Whitechapel, there is no No. 30. I did receive some information about a person of the name of Bagnell.</p>
<p>Cross-examined. Inquiries were also made by the police of Bir
<lb/>mingham, and their report is here.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-110" type="witnessName">
<interp inst="t19061119-name-110" type="gender" value="male"/>
<interp inst="t19061119-name-110" type="surname" value="OEHEN"/>
<interp inst="t19061119-name-110" type="given" value="ALBERT"/>ALBERT OEHEN</persName> </hi>, dealer in watches, Newgate Street. I first made the acquaintance of Collings on January 2, 1906, when he brought us a letter to submit samples. Subsequently I called at their office, 888, Chiswell Street. Then he gave me an order for some watches, value £22. Then I asked for a reference, and was given the name of Messrs. A. Ries and Co., 23, Hatton Garden. The reference was satisfactory. We delivered a second order, and in March applied for payment. We received a post-dated cheque on the London and South-Western Bank for £39, which was dishonoured. I went up to the office and found it closed. I attended a meeting of the creditors of Collings at the Wool Exchange at the end of March. Collings was not there, but there were a good many creditors, and nothing resulted. On August 8 he telephoned tip to my office and said he would like to come and see</p>
<xptr type="pageFacsimile" doc="190611190034"/>
<p>me with reference to the old account. A day or two afterwards he called at the office, presented the card of P. Winning and Co., and said he was now in that firm, and intended to settle the old account. Mr. Winning was his partner, and they could buy goods for cash, that he could not pay anything off the old account now, but he would do to gradually. He took some samples and gave me a verbal order for metal watches to the amount of £47. Collings paid me about half on account. I subsequently received other orders from Collings on behalf of Winning and Co. These goods were delivered, and then the balance of the first order was paid off. We had two more orders after that, and always the last order was paid. A balance of £27 is still due. Collings paid nothing off his own account. When I went to Devonshire Square, sometimes I saw Collings and sometimes Winning. I did not agree to be a reference for them, but people came to me saying they had been referred to me by Winning and Co.</p>
<p>Cross-examined. I never heard of an agreement being necessary before taking for a reference. Coilings stated that he was managing the business of Winning and Co., and represented himself as partner and manager. The representation that induced me to supply goods to Winnings was that Winning had some money, and they would pay cash for what they bought, and that Collings would settle the old account.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-111" type="witnessName">
<interp inst="t19061119-name-111" type="gender" value="male"/>
<interp inst="t19061119-name-111" type="surname" value="MARKS"/>
<interp inst="t19061119-name-111" type="given" value="MICHAEL DAVID"/>MICHAEL DAVID MARKS</persName> </hi>, agent for Messrs. Aitken, silversmiths, Birmingham, and 109, Hatton Garden. In consequence of receiving a postcard from Mr. Aitken I called twice at 16 and 17, Devonshire Square, in July last, but saw no one; I sent after that. Samples were forwarded to Winning and Co., and I received an order. The first lot of goods was delivered on July 20. Collings told me that Winnings was master of the business, and he himself was only manager, and that there was money in the business; that Winning was the son of a well-known family at Gatford. Until I saw Col
<lb/>lings at the Guildhall I was not aware that was his name, as he told me it was Marsden. I applied to him several times for money, and on one occasion he gave me £3 10s. on account, the amount of the goods supplied being £19 1s. 4d. In September they had a second lot of goods to the value of £11. On one occasion he said that if I would give him a reference to another house he would see that I got paid. Of course, I did not agree to the proposal.</p>
<p>Cross-examined. I instructed my assistant to ask for references, and he was told they would be sent on, but they never came.</p>
<p>Mr. Grain said there were other cases of which the prosecution had had notice, but he did not propose to trouble the Court with them.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-112" type="witnessName">
<interp inst="t19061119-name-112" type="gender" value="male"/>
<interp inst="t19061119-name-112" type="surname" value="DODD"/>
<interp inst="t19061119-name-112" type="given" value="EDWARD"/>EDWARD DODD</persName> </hi>, carman to Mr. John Harris, Wrestler's Court, Bishopsgate Street, proved the removal of four bales of cotton waste (Livingstone's) from Shadwell Basin to 16 and 17, Devonshire Square, where both prisoners helped him to convey them to she basement. About a week afterwards he removed some furniture—a bedroom suite—from Devonshire Square to No. 3, Tilley Street. Both pri
<lb/>soners were present when he loaded up the goods, which at Tilley Street were taken charge of by Mrs. Arrabus.</p>
<xptr type="pageFacsimile" doc="190611190035"/>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-113" type="witnessName">
<interp inst="t19061119-name-113" type="gender" value="male"/>
<interp inst="t19061119-name-113" type="surname" value="FLOWERS"/>
<interp inst="t19061119-name-113" type="given" value="JAMES"/>JAMES FLOWERS</persName> </hi>, carman, also in the employ of Mr. Harris, gave similar evidence with reference to the removal of the Adams waste from Shadwell Basin to Devonshire Square.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-114" type="witnessName">
<interp inst="t19061119-name-114" type="gender" value="male"/>
<interp inst="t19061119-name-114" type="surname" value="COURTNEY"/>
<interp inst="t19061119-name-114" type="given" value="ARTHUR"/>ARTHUR COURTNEY</persName> </hi>, clerk to Messrs. Jones, Lang, and Co., auc
<lb/>tioneers and estate agents, spoke to letting two first floor rooms at 16 and 17, Devonshire Square, to Henry Binks in the early part of May at a rent of £45 per annum. The firm were in June asked if they would accept Winning as tenant, and release Binks, as he was going to South Africa. Winning, it was said, would furnish satis
<lb/>factory references. As the result of inquiries they did not agree to let the premises to Winning, and when the rent became due dis
<lb/>trained on the furniture under the agreement with Binks.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-115" type="witnessName">
<interp inst="t19061119-name-115" type="gender" value="male"/>
<interp inst="t19061119-name-115" type="surname" value="MITCHELL"/>
<interp inst="t19061119-name-115" type="given" value="RICHARD FREDERICK"/>RICHARD FREDERICK MITCHELL</persName> </hi>, housekeeper, at 16 and 17, Devon
<lb/>shire Square. Shortly after the offices were taken by Binks I saw Collings and Winning in them, and the name Binks was afterwards removed and that of Winning and Co. substituted. I knew Collings as Marsden. There was also a boy named Colley. Goods were con
<lb/>stantly being delivered at the offices. I allowed them to use the base
<lb/>ment at times for bulky goods, and upon one occasion the rooms on the third floor. Some leather goods were stored on the third floor about October 17. Prisoners had no warehouse or storing room at these offices Collings usually paid me for the cleaning, 3s. per week.</p>
<p>Cross-examined. I knew Collings or Marsden simply as a clerk. Once I saw him receive his salary of 30s. a week.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-116" type="witnessName">
<interp inst="t19061119-name-116" type="gender" value="male"/>
<interp inst="t19061119-name-116" type="surname" value="ARTHUR"/>
<interp inst="t19061119-name-116" type="given" value="ALFRED"/>ALFRED ARTHUR</persName> </hi>, housekeeper, 88, Chiswell Street. I remember Collings taking the first floor in September, 1905, in the name of A. E. Collings and Co. Goods of all descriptions were constantly being delivered there—bags, portmanteaux, baskets, eider-down quilts. Most of the things were shortly afterwards removed. This went on until March, 1906, when the brokers were put in.</p>
<p>Detective-Sergeant
<hi rend="smallCaps">WILLIAM SARGANT</hi>, City Police. Having received a warrant for the arrest of prisoners, on October 20 I saw Collings in company with a man named Reuben Phillips, whose address is Wel
<lb/>lington Buildings, Bow. I have seen the receipts in the name of Phillips signed by Collings in the presence of Mrs. Arrabus. The two men went together to the office of Winning and Co., in Devon
<lb/>shire Square. Phillips remained in the outer office I asked Col
<lb/>lings If his name was Collings, late of Chiswell Street. He said, "Yes." I then told him I had a warrant for his arrest, He said, "All right, Mr. Sargant, I am only the clerk here. I can face it. I cannot help what my governor does. I do not know where he lives—somewhere in Rotherhithe New Road. I will give you all assist
<lb/>ance to find him. I am paid a weekly salary." I took him to Bishopsgate, where he was charged. On October 22 I found Win
<lb/>ning detained at Bishopegate, he having been arrested by Detective Wagstaffe. I read the warrant to him. He made no reply. I have known a man named Feldman a good many years. I have known Phillips at more than one address. I afterwards with another officer</p>
<xptr type="pageFacsimile" doc="190611190036"/>
<p>searched the offices in Devonshire Square. There were some chairs, a desk, and a table. I found some papers relating to a typewriter company, a quantity of catalogues, and the covers of some letter
<lb/>books, all the leaves having been removed. In a room on the third floor I found some account books of Collings', and also a pass-book. I found other books in one of the basements. The pass-book of Winning and Co. is also blank. In a book of Collings there is an account of goods bought and sold, commencing October 13, 1905, and going up to March, 1906. There is also a book of Collings' showing cash received and paid out during the same period. On February 26 there is an entry, "Self, £25." On March 2, "Self, £75," and March 3, "Self, £15," showing that all the money had been drawn.</p>
<p>Detective
<hi rend="smallCaps">JAMES BROWN</hi>, City Police. I went to 175, Fleet Street, to make inquiries as to Pugh and Co., and found they occupied offices there for about nine months. They had left about three months when I called.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-117" type="witnessName">
<interp inst="t19061119-name-117" type="gender" value="male"/>
<interp inst="t19061119-name-117" type="surname" value="COLLINGS"/>
<interp inst="t19061119-name-117" type="given" value="ARTHUR ERNEST"/>ARTHUR ERNEST COLLINGS</persName> </hi> (prisoner, on oath), stated that he was with Tudor and Co., stockbrokers, 29, Threadneedle Street, for nine years, and left of his own accord. He started business in Chiswell Street in October, 1905, as merchant and shipper. It was a genuine business. The books produced were kept in connection with the business. There were a good many customers, and he had good prospects for the future, the average turnover being about £400 a month. (Prisoner proceeded to point out payments he had made.) As to the Remington typewriter sold to him by Mr. Burnside, the thing was pushed into him; in fact, they would leave a typewriter with anybody in the City. Burnside worried and pressed him to have it on trial, and he said, "Send it in." Then the brokers came in with a distraint with reference to another matter, and took it away. When he bought it he intended to pay for it. An execution had been previously levied, but that he paid out. With reference to the Garstin matter he had an order come in for some kitbags. He in
<lb/>tended to pay Garstin's for them, and so with all the other people who had supplied goods. One firm, that of B. Reis and Co., he requested not to deliver goods, as he was in difficulties. As to the Barlock machine, that was left on trial, and he bought it on monthly terms. It was part of the proceeds of the execution. The first month had not expired when it was seized. The Birmingham Cabinet Company was an order he received from a client. He sold the side
<lb/>board for £17 or £17 10s. Winning was never in the Chiswell Street office at all. When he came to grief as Collings and Co. he consulted a solicitor in Leadenhall Street about putting a petition on the file, but was advised not to. After being sold up he walked about for a couple of months and did nothing. Then Winning offered him a situation at 30s. a week. From what Winning told</p>
<xptr type="pageFacsimile" doc="190611190037"/>
<p>him he was trying to work up a South African business. At the time Winning was lodging with his people. He then told Oehen he had got a situation with Winning as buyer. Oehen used to visit a firm in 16 and 17, Devonshire Square, and knowing he must some day run into him he thought he had better take the bull by the horns and go and see him. He told Oehen he was in an unfortunate position, bat would pay him when he could; that he had got into a good situation, and had a prospect of paying. Oehen then said, "Very well, Collings, I have a good opinion of you." He never bought anything as a member of the firm. He used the name of Marsden because he thought if his old creditors knew where he was they would take out judgments against him, and he would be so pestered with judgments that he would have to leave hit situation. It was his intention at first to pay his old creditors, but afterwards he found it was impossible. The Barlock typewriter was pawned by a man named Marshall to get the wages for the week, Winning being away; Marshall, who, he was sorry to say, was a bit of a black
<lb/>guard, was traveller during Mr. Winning's illness. The receipt as from Bagnell he forged at Marshall's request, Marshall typing the body of the receipt on a piece of Bagneil's paper. Marshall said he had an account of £6 to collect on the following Monday morning, and would get the machine out without Mr. Winning knowing any
<lb/>thing about it. Marshall subsequently decamped. Winning's busi
<lb/>ness was not booming but medium. It was a hard thing to work up a new business. The transaction with Wolfsky he had nothing to do with, and knew nothing of beyond seeing him in the office. With the cotton waste from Livingstone's he also had nothing to do except writing out the orders as clerk. With the Birmingham Furniture Company he had nothing to do except perhaps writing out the order. He was present when it was sold to Mrs. Arrabus. He believed the furniture was ordered by Phillips for a customer. Phillips came to Winning and told him he could place a bedroom suite, but his customer would not have it, saying it was damaged. Phillips then tried to sell it, and went to Mrs. Levy to ask if she knew of anyone, and Mrs. Levy recommended Mrs. Arrabus. Mrs. Arrabus then came to Devonshire Square, but he did not know what took place. As to his accounts, he had paid hundreds and hundreds of pounds to various creditors.</p>
<p>Cross-examined. When he went into business he had knowledge of purchasing goods which he had acquired at Archbishop Tenison's School in Leicester Square. His capital at starting was £260, some of which was borrowed.</p>
<p>(Thursday, November 22.)</p>
<p>The jury intimated that they had no desire to hear the further cross-examination of Collings, whose evidence had not, in their opinion, made his case any better.</p>
<xptr type="pageFacsimile" doc="190611190038"/>
<p>Verdict,
<rs id="t19061119-27-verdict-1" type="verdictDescription">
<interp inst="t19061119-27-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-27-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty of conspiracy to obtain goods by false pretences</rs>, Collings being the master mind.</p>
<p>
<rs id="t19061119-27-punishment-21" type="punishmentDescription">
<interp inst="t19061119-27-punishment-21" type="punishmentCategory" value="noPunish"/>
<interp inst="t19061119-27-punishment-21" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-27-19061119 t19061119-27-punishment-21"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-27-19061119 t19061119-27-punishment-21"/>Mr. Grain said that from information the City Police had gathered it was perfectly clear that there were older persons behind these young men. He would suggest therefore that sentence be postponed till next Sessions</rs>.</p>
<p>The Common Serjeant thought it very probable, and postponed sentence accordingly.</p>
<p>Mr. Grain also observed that Sergeant and the other officers of the City Police had worked up this case exceedingly well, and anything his lordship said with reference to that would be of great value to them.</p>
<p>The Common Serjeant. I think so too, as far as I am able to judge from what has come out in Court. Of course, we never ask the police how they extract information. It seems, so far as I can judge, the police have acted with great ability in bringing this case to light. It would, if it had not been stopped, probably have become much worse.</p> </div1>
<p>
<hi rend="largeCaps">FOURTH COURT</hi>; Tuesday, November 20.</p>
<p>(Before Judge Lumley Smith.)</p>
<div1 type="trialAccount" id="t19061119-28">
<interp inst="t19061119-28" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-28" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-28-charge-1" targOrder="Y" targets="def1-28-19061119 t19061119-28-offence-1 t19061119-28-verdict-1"/>
<p>
<persName id="def1-28-19061119" type="defendantName">
<interp inst="def1-28-19061119" type="gender" value="female"/>
<interp inst="def1-28-19061119" type="age" value="46"/>
<interp inst="def1-28-19061119" type="surname" value="BARRETT"/>
<interp inst="def1-28-19061119" type="given" value="MARIE"/>
<interp inst="def1-28-19061119" type="occupation" value="no occupation"/>
<hi rend="largeCaps">BARRETT</hi>, Marie (46, no occupation)</persName>
<rs id="t19061119-28-verdict-1" type="verdictDescription">
<interp inst="t19061119-28-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-28-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-28-offence-1" type="offenceDescription">
<interp inst="t19061119-28-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19061119-28-offence-1" type="offenceSubcategory" value="bigamy"/>; to felo
<lb/>niously marrying
<persName id="t19061119-name-119" type="victimName">
<interp inst="t19061119-name-119" type="gender" value="male"/>
<interp inst="t19061119-name-119" type="surname" value="BLOOMFIELD"/>
<interp inst="t19061119-name-119" type="given" value="EDGAR"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-28-offence-1 t19061119-name-119"/>Edgar Bloomfield</persName>, her husband being then alive</rs>. Sentence,
<rs id="t19061119-28-punishment-22" type="punishmentDescription">
<interp inst="t19061119-28-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-28-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-28-19061119 t19061119-28-punishment-22"/>Three months' imprisonment, second division</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-29">
<interp inst="t19061119-29" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-29" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-29-charge-1" targOrder="Y" targets="def1-29-19061119 t19061119-29-offence-1 t19061119-29-verdict-1"/>
<p>
<persName id="def1-29-19061119" type="defendantName">
<interp inst="def1-29-19061119" type="gender" value="male"/>
<interp inst="def1-29-19061119" type="age" value="44"/>
<interp inst="def1-29-19061119" type="surname" value="GALBRAITH"/>
<interp inst="def1-29-19061119" type="given" value="JOSHUA DANIEL"/>
<interp inst="def1-29-19061119" type="occupation" value="clerk"/>
<hi rend="largeCaps">GALBRAITH</hi>, Joshua Daniel (44, clerk)</persName>
<rs id="t19061119-29-verdict-1" type="verdictDescription">
<interp inst="t19061119-29-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-29-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-29-offence-1" type="offenceDescription">
<interp inst="t19061119-29-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19061119-29-offence-1" type="offenceSubcategory" value="sodomy"/>; to com
<lb/>mitting an act of gross indecency with another male person</rs>. Sen
<lb/>tence,
<rs id="t19061119-29-punishment-23" type="punishmentDescription">
<interp inst="t19061119-29-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-29-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-29-19061119 t19061119-29-punishment-23"/>Three months' imprisonment second division</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-30">
<interp inst="t19061119-30" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-30" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-30-charge-1" targOrder="Y" targets="def1-30-19061119 t19061119-30-offence-1 t19061119-30-verdict-1"/>
<join result="criminalCharge" id="t19061119-30-charge-2" targOrder="Y" targets="def2-30-19061119 t19061119-30-offence-1 t19061119-30-verdict-1"/>
<p>
<persName id="def1-30-19061119" type="defendantName">
<interp inst="def1-30-19061119" type="gender" value="male"/>
<interp inst="def1-30-19061119" type="age" value="60"/>
<interp inst="def1-30-19061119" type="surname" value="JOHNSTON"/>
<interp inst="def1-30-19061119" type="given" value="JOHN"/>
<interp inst="def1-30-19061119" type="occupation" value="engineer"/>
<hi rend="largeCaps">JOHNSTON</hi>, John (60, engineer), whose real name was
<rs id="t19061119-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-30-19061119 t19061119-alias-1"/>John Graham Jenkins</rs> </persName>, and
<persName id="def2-30-19061119" type="defendantName">
<interp inst="def2-30-19061119" type="gender" value="male"/>
<interp inst="def2-30-19061119" type="age" value="19"/>
<interp inst="def2-30-19061119" type="surname" value="LESERVE"/>
<interp inst="def2-30-19061119" type="given" value="ERNEST"/>
<interp inst="def2-30-19061119" type="occupation" value="butcher"/>
<hi rend="largeCaps">LESERVE</hi>, Ernest (19, butcher)</persName>
<rs id="t19061119-30-offence-1" type="offenceDescription">
<interp inst="t19061119-30-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19061119-30-offence-1" type="offenceSubcategory" value="sodomy"/>; committing an act of gross indecency with each other.</rs> </p>
<p>Mr. T. Close prosecuted; Mr. G. Elliott defended Johnston; Mr. G. L. Hardy defended Leserve.</p>
<p>Verdict,
<rs id="t19061119-30-verdict-1" type="verdictDescription">
<interp inst="t19061119-30-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-30-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>, against both prisoners; Johnston strongly recom
<lb/>mended to mercy. Sentence, each prisoner,
<rs id="t19061119-30-punishment-24" type="punishmentDescription">
<interp inst="t19061119-30-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-30-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-30-19061119 t19061119-30-punishment-24"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-30-19061119 t19061119-30-punishment-24"/>Three months in the second division</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-31">
<interp inst="t19061119-31" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-31" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-31-charge-1" targOrder="Y" targets="def1-31-19061119 t19061119-31-offence-1 t19061119-31-verdict-1"/>
<p>
<persName id="def1-31-19061119" type="defendantName">
<interp inst="def1-31-19061119" type="gender" value="male"/>
<interp inst="def1-31-19061119" type="age" value="36"/>
<interp inst="def1-31-19061119" type="surname" value="REDSHAW"/>
<interp inst="def1-31-19061119" type="given" value="WALTER CHARLES"/>
<interp inst="def1-31-19061119" type="occupation" value="attendant"/>
<hi rend="largeCaps">REDSHAW</hi>, Walter Charles (36, attendant)</persName>
<rs id="t19061119-31-offence-1" type="offenceDescription">
<interp inst="t19061119-31-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19061119-31-offence-1" type="offenceSubcategory" value="bigamy"/>; feloniously marry
<lb/>ing
<persName id="t19061119-name-124" type="victimName">
<interp inst="t19061119-name-124" type="gender" value="female"/>
<interp inst="t19061119-name-124" type="surname" value="CALLAN"/>
<interp inst="t19061119-name-124" type="given" value="OLIVE"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-31-offence-1 t19061119-name-124"/>Olive Callan</persName>, his wife being then alive.</rs> </p>
<p>Mr. C. E. Moran appeared for the prosecution.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-125" type="witnessName">
<interp inst="t19061119-name-125" type="gender" value="male"/>
<interp inst="t19061119-name-125" type="surname" value="CASFORD"/>
<interp inst="t19061119-name-125" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY CASFORD</persName> </hi>, master decorator, 33, Farrow Road, West Kensington. I know prisoner, and was present at his marriage at Newport, Isle of Wight, December 25, 1892. I was one witness and my mother the other. I produce a certified copy of the entry in the register. She is called Alice Ada Parker. On October 31, 1906,</p>
<xptr type="pageFacsimile" doc="190611190039"/>
<p>I went to 27, Victoria Road, Upper Norwood, and I saw Alice Ada Parker.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-126" type="witnessName">
<interp inst="t19061119-name-126" type="gender" value="female"/>
<interp inst="t19061119-name-126" type="surname" value="PARKER"/>
<interp inst="t19061119-name-126" type="given" value="ELIZA"/>ELIZA PARKER</persName> </hi>. I live at 44, Berridge Road, just before last Christmas and before that at Barnfield Road, Upper Norwood. My daughter was prisoner's first wife. I last visited my daughter in June, 1901. I managed the children when they went out. They were living at 18, Berridge Road. That was the last time I saw them together. Prisoner left her in March of the following year.</p>
<p>To the Judge. After the time when I last saw prisoner I have not had any inquiry at to whether his wife was living. If he had wanted to know where the was living he could have asked me.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-127" type="witnessName">
<interp inst="t19061119-name-127" type="gender" value="female"/>
<interp inst="t19061119-name-127" type="surname" value="CALLAN"/>
<interp inst="t19061119-name-127" type="given" value="OLIVE"/>OLIVE CALLAN</persName> </hi>, 13, Commerce Road, Wood Green. I first became acquainted with the prisoner at the Alexandra Palace in 1904. I was employed at the theatre, and he was employed in the refreshment department. We resumed the acquaintance in 1906. On August 30, 1906, we were married. He told me he was a bachelor, and he is so described in the certificate. He told me he was a single man, and his name was Walter Redshaw. I produce the certificate. He never told ma he had a wife. I believed him to be a single man.</p>
<p>Sergeant Henry Davis. I saw prisoner in the Tottenham Court Road on the 8th inst., and I told him he would be charged with bigamy. I said, "Is that true?" and he said, "Yes."</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-128" type="witnessName">
<interp inst="t19061119-name-128" type="gender" value="male"/>
<interp inst="t19061119-name-128" type="surname" value="REDSHAW"/>
<interp inst="t19061119-name-128" type="given" value="WALTER CHARLES"/>WALTER CHARLES REDSHAW</persName> </hi> (prisoner, on oath). Neither of these charges would have been instituted but for the fact that I was in
<lb/>formed by one George Chandler, in Upper Norwood, that my wife was dead. I had permission from the Governor of Wandsworth Prison to write to his address, but I have not heard anything fur
<lb/>ther from him. In 1901 I left my wife with her full knowledge to seek employment at the Alexandra Palace, after I was out of employ
<lb/>ment some considerable period. I obtained employment in the re
<lb/>freshment department, and remained there till the end of August in the same year, and during that time I either took my money home on Saturday night or sent it by post on Monday. I had a salary of 18s. per week in the refreshment department. After that time I was out of employment owing to the bar being closed. I was thrown out of regular employment till the second week in February, 1902. From that time things were bad with me, and I had no stamp to send my wife a letter. I eventually obtained employment the second week in February. A fortnight after I met George Chandler, plumber. I knew this man at a friend over 20 years. He asked me if I could get some employment at the theatre. I asked him how long it was since he was at Upper Norwood He said some time, as he had been living at Wood Green. I asked him if he would go to Upper Norwood for me if I paid him for his trouble, and he consented. Previously to this I wrote to Upper Norwood to Ber
<lb/>ridge</p>
<xptr type="pageFacsimile" doc="190611190040"/>
<p>Road, and enclosed a postal order for 30s., which was returned to me "Not known." I gave Chandler the money and paid his ex
<lb/>penses to Upper Norwood to see if he could find the address of my wife, and he came back in two days and acquainted me with the death of my wife through an operation. He said one of my wife's sisters had charge of the children. She was being allowed an amount weekly by the guardians, and the moment they knew of my whereabouts the allowance would cease, and that was my sole reason for not going back to Upper Norwood. I did not make the acquaintance of Miss Callan till two years after that took place. There were five children. Allow me to express publicly my sympathy for Miss Callan and the trouble I have brought on her.</p>
<p>Cross-examined. The reason I sent Chandler was I was so much in debt that I did not like to go back. I sent Chandler about the fourth week in February. Chandler saw the estate manager, Charles Hart. He heard from different residents in Norwood that my wife was dead. It did occur to me that the relatives of my first wife would be able to give information, but I did not go to them; I was not on speaking terms with them. I saw Chandler on more than one occasion, and he brought back the money I gave him to take to my wife, less 5s. I did take steps to find out my first wife's mother's address.</p>
<p>To the Judge. I expressly avoided going to make inquiries myself on account of not wanting to get into trouble with the guardians. I did not tell Chandler not to go near my wife's people. I did not tell Miss Callan that I was a single man. I admit that I signed the roll as a bachelor, and I cannot explain why. I pretended to be such when I believed my wife was not alive. I did not do it inten
<lb/>tionally.</p>
<p>Verdict,
<rs id="t19061119-31-verdict-1" type="verdictDescription">
<interp inst="t19061119-31-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-31-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>. Sentence,
<rs id="t19061119-31-punishment-25" type="punishmentDescription">
<interp inst="t19061119-31-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-31-punishment-25" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-31-19061119 t19061119-31-punishment-25"/>Nine months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-32">
<interp inst="t19061119-32" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-32" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-32-charge-1" targOrder="Y" targets="def1-32-19061119 t19061119-32-offence-1 t19061119-32-verdict-1"/>
<join result="criminalCharge" id="t19061119-32-charge-2" targOrder="Y" targets="def2-32-19061119 t19061119-32-offence-1 t19061119-32-verdict-1"/>
<join result="criminalCharge" id="t19061119-32-charge-3" targOrder="Y" targets="def3-32-19061119 t19061119-32-offence-1 t19061119-32-verdict-1"/>
<p>
<persName id="def1-32-19061119" type="defendantName">
<interp inst="def1-32-19061119" type="gender" value="male"/>
<interp inst="def1-32-19061119" type="age" value="35"/>
<interp inst="def1-32-19061119" type="surname" value="VICKERY"/>
<interp inst="def1-32-19061119" type="given" value="RICHARD"/>
<interp inst="def1-32-19061119" type="occupation" value="hatmaker"/>
<hi rend="largeCaps">VICKERY</hi>, Richard (35, hatmaker)</persName>,
<persName id="def2-32-19061119" type="defendantName">
<interp inst="def2-32-19061119" type="gender" value="male"/>
<interp inst="def2-32-19061119" type="age" value="19"/>
<interp inst="def2-32-19061119" type="surname" value="EFFORD"/>
<interp inst="def2-32-19061119" type="given" value="JOHN"/>
<interp inst="def2-32-19061119" type="occupation" value="porter"/>
<hi rend="largeCaps">EFFORD</hi>, John (19, porter)</persName>, and
<persName id="def3-32-19061119" type="defendantName">
<interp inst="def3-32-19061119" type="gender" value="male"/>
<interp inst="def3-32-19061119" type="age" value="25"/>
<interp inst="def3-32-19061119" type="surname" value="BRYAN"/>
<interp inst="def3-32-19061119" type="given" value="JAMES"/>
<interp inst="def3-32-19061119" type="occupation" value="labourer"/>
<hi rend="largeCaps">BRYAN</hi>, James (25, labourer)</persName>
<rs id="t19061119-32-verdict-1" type="verdictDescription">
<interp inst="t19061119-32-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-32-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-32-offence-1" type="offenceDescription">
<interp inst="t19061119-32-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19061119-32-offence-1" type="offenceSubcategory" value="theftFromPlace"/>; to breaking and entering the warehouse of
<persName id="t19061119-name-132" type="victimName">
<interp inst="t19061119-name-132" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-32-offence-1 t19061119-name-132"/>Van Oppen and Co., limited</persName>, and stealing therein the sum of 19s. 9 1/2 d., and postage stamps of the value of 15s. 3 1/2 d</rs>. Sentence, Efford,
<rs id="t19061119-32-punishment-26" type="punishmentDescription">
<interp inst="t19061119-32-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-32-punishment-26" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-32-19061119 t19061119-32-punishment-26"/>14 months' hard labour</rs>; Vickery,
<rs id="t19061119-32-punishment-27" type="punishmentDescription">
<interp inst="t19061119-32-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-32-punishment-27" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-32-19061119 t19061119-32-punishment-27"/>10 months' hard labour</rs>; Bryan,
<rs id="t19061119-32-punishment-28" type="punishmentDescription">
<interp inst="t19061119-32-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-32-punishment-28" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-32-19061119 t19061119-32-punishment-28"/>Six months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-33">
<interp inst="t19061119-33" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-33" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-33-charge-1" targOrder="Y" targets="def1-33-19061119 t19061119-33-offence-1 t19061119-33-verdict-1"/>
<p>
<persName id="def1-33-19061119" type="defendantName">
<interp inst="def1-33-19061119" type="gender" value="male"/>
<interp inst="def1-33-19061119" type="age" value="33"/>
<interp inst="def1-33-19061119" type="surname" value="GRANT"/>
<interp inst="def1-33-19061119" type="given" value="WILFRED SPENCER"/>
<interp inst="def1-33-19061119" type="occupation" value="no occupation"/>
<hi rend="largeCaps">GRANT</hi>, Wilfred Spencer (33, no occupation)</persName>
<rs id="t19061119-33-verdict-1" type="verdictDescription">
<interp inst="t19061119-33-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-33-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-33-offence-1" type="offenceDescription">
<interp inst="t19061119-33-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19061119-33-offence-1" type="offenceSubcategory" value="fraud"/>; to obtaining by false pretences from
<persName id="t19061119-name-134" type="victimName">
<interp inst="t19061119-name-134" type="gender" value="male"/>
<interp inst="t19061119-name-134" type="surname" value="WILSON"/>
<interp inst="t19061119-name-134" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-33-offence-1 t19061119-name-134"/>George Wilson</persName> two telescopes, a sextant, and other goods, with intent to defraud</rs>; he also confessed to having been convicted at Clerkenwell Police Court on February 18, 1905, for a similar fraud, Sentence,
<rs id="t19061119-33-punishment-29" type="punishmentDescription">
<interp inst="t19061119-33-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-33-punishment-29" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-33-19061119 t19061119-33-punishment-29"/>Nine months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-34">
<interp inst="t19061119-34" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-34" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-34-charge-1" targOrder="Y" targets="def1-34-19061119 t19061119-34-offence-1 t19061119-34-verdict-1"/>
<p>
<persName id="def1-34-19061119" type="defendantName">
<interp inst="def1-34-19061119" type="gender" value="male"/>
<interp inst="def1-34-19061119" type="age" value="24"/>
<interp inst="def1-34-19061119" type="surname" value="SMITH"/>
<interp inst="def1-34-19061119" type="given" value="WILLIAM"/>
<interp inst="def1-34-19061119" type="occupation" value="carman"/>
<hi rend="largeCaps">SMITH</hi>, William (24, carman)</persName>
<rs id="t19061119-34-offence-1" type="offenceDescription">
<interp inst="t19061119-34-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19061119-34-offence-1" type="offenceSubcategory" value="wounding"/>; maliciously wounding
<persName id="t19061119-name-136" type="victimName">
<interp inst="t19061119-name-136" type="gender" value="female"/>
<interp inst="t19061119-name-136" type="surname" value="SMITH"/>
<interp inst="t19061119-name-136" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-34-offence-1 t19061119-name-136"/>Elizabeth Smith</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-137" type="witnessName">
<interp inst="t19061119-name-137" type="gender" value="female"/>
<interp inst="t19061119-name-137" type="surname" value="SMITH"/>
<interp inst="t19061119-name-137" type="given" value="ELIZABETH"/>ELIZABETH SMITH</persName> </hi>. I am the wife of prisoner; we were married four years ago. On the morning of October 7 we had just enough in the house to get a cup of tea with the money I earned on the Saturday.</p>
<xptr type="pageFacsimile" doc="190611190041"/>
<p>He said, "Go to the landlady and ask her to lend you a shilling," but I knew she was a poor woman, and I said, "You are not thinking about me and the child." I sat down, when I felt a blow. He hit me with a poker. My landlady opened the door, and I fell. He hit me on the right side under the right arm with a brass poker. I got in the street, and a woman helped me to my cousin's. We have two children. My husband has tried to get work for two months. He is a box-maker. This is not the first time he has been cruel to me. I have been in the workhouse three months. It was 12 o'clock on a Sunday morning when he struck me. It was not an accidental blow, but a deliberate one.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-138" type="witnessName">
<interp inst="t19061119-name-138" type="gender" value="male"/>
<interp inst="t19061119-name-138" type="surname" value="KEITH"/>
<interp inst="t19061119-name-138" type="given" value="WILLIAM"/>DR. WILLIAM J. C. KEITH</persName> </hi>, Superintendent of the Camberwell In
<lb/>firmary. On October 7 Mrs. Smith was admitted to the hospital, and she said her husband had struck her. She complained of having been injured, and I found a perforated wound in the right axilla, right up
<lb/>ward and forward. I found it was 1 3/4 in. long. The edges of it word slightly turned in, and had soot on them. There were signs of a collapsed lung, owing to the wound penetrating the chest wall, and the wound and the collapsed lung was in a very dangerous condition. she remained in a dangerous state several days, but she is now out of danger. It might have been done by the poker produced. It was a regular pierced wound. The 1 3/4 in. was before the penetration of the chest wall. It would not require a great deal of violence. She will be able to leave the hospital very shortly. She will have to go to the lying-in ward, as she will be confined soon.</p>
<p>
<hi rend="smallCaps">INSPECTOR BADCOCK</hi>. At 10 o'clock on October 7, in consequence of information, I saw prisoner and told him I should arrest him for wounding his wife, and he said, "My wife and I had a few words be
<lb/>cause we had nothing to eat, and she kept on arguing with me. I poked her in the side with a poker. I would not have done it for the World, and I have seen her twice to-day. The iron I did it with is downstairs. I will give it to you."</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">MRS. RUSTON</hi>. I am the landlady. Prisoner hat been out before five o'clock every morning all the time he has lived with me. I heard Mrs. Smith scream out, and she fell into my arms. Prisoner has been out of work a long time. I have never seen prisoner worse for drink. I believe him to be a staunch teetotaller. These are the first words I ever heard between them. I thought he was a very quiet, hard-working fellow, and he tried hard to get work. He was never indoors after five o'clock in the morning. They have been with me since May. Mrs. Smith went to work two or three weeks. She seems a respectable young woman. I did not hear what was said in the quarrel. I do not think there was much to eat in the house. On the morning when this happened I know prisoner went to the Believing Officer, sad he would not give him a loaf of bread. I thought he tried his best.</p>
<xptr type="pageFacsimile" doc="190611190042"/>
<p>Verdict,
<rs id="t19061119-34-verdict-1" type="verdictDescription">
<interp inst="t19061119-34-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-34-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>. Sentence,
<rs id="t19061119-34-punishment-30" type="punishmentDescription">
<interp inst="t19061119-34-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-34-punishment-30" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-34-19061119 t19061119-34-punishment-30"/>Three months' and nine days' im
<lb/>prisonment in the second division</rs>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>; Wednesday, November 21.</p>
<p>(Before Mr. Justice Grantham.)</p>
<div1 type="trialAccount" id="t19061119-35">
<interp inst="t19061119-35" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-35" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-35-charge-1" targOrder="Y" targets="def1-35-19061119 t19061119-35-offence-1 t19061119-35-verdict-1"/>
<p>
<persName id="def1-35-19061119" type="defendantName">
<interp inst="def1-35-19061119" type="gender" value="male"/>
<interp inst="def1-35-19061119" type="age" value="47"/>
<interp inst="def1-35-19061119" type="surname" value="WADE"/>
<interp inst="def1-35-19061119" type="given" value="FRANK"/>
<interp inst="def1-35-19061119" type="occupation" value="wireworker"/>
<hi rend="largeCaps">WADE</hi>, Frank (47, wireworker)</persName>, was indicted
<rs id="t19061119-35-offence-1" type="offenceDescription">
<interp inst="t19061119-35-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19061119-35-offence-1" type="offenceSubcategory" value="murder"/> for the wilful murder of
<persName id="t19061119-name-140" type="victimName">
<interp inst="t19061119-name-140" type="gender" value="male"/>
<interp inst="t19061119-name-140" type="surname" value="CLAYTON"/>
<interp inst="t19061119-name-140" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-35-offence-1 t19061119-name-140"/>William Clayton</persName> and
<persName id="t19061119-name-141" type="victimName">
<interp inst="t19061119-name-141" type="gender" value="female"/>
<interp inst="t19061119-name-141" type="surname" value="CLAYTON"/>
<interp inst="t19061119-name-141" type="given" value="EMMA"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-35-offence-1 t19061119-name-141"/>Emma Clayton</persName>, and charged, on coroner's inquisition, with the manslaughter of those two persons</rs>. Prisoner pleaded not guilty to the charge of murder; guilty to the charge of manslaughter.</p>
<p>Mr. Arthur Gill and Mr. Kershaw prosecuted. Mr. Curtis Bennett defended.</p>
<p>Mr. Gill said that, in view of the fact that two coroners' juries had found a verdict of manslaughter, he proposed to accept the prisoner's plea of "Guilty" to that offence. The prisoner lived at 83, Shaftes
<lb/>bury Street, Hoxton. He occupied two rooms on the ground floor of his house, and let the rest of the premises to lodgers. William Clay
<lb/>ton and his wife, Emma Clayton, lodged on one of the floors above. The explanation of the matter appeared to be that the prisoner was a very excitable man, and apparently a very timid man. On the night in question the prisoner told a friend that he could not get his rent from his lodgers, and he seemed to be worrying on the subject. Later on an altercation took place between the prisoner and William Clay
<lb/>ton about the rent in which the Claytons were in arrear. The pri
<lb/>soner and his wife were in their room, the door of which was fastened on the inside with a button. In the course of the quarrel the prisoner appeared to think that William Clayton, who was thumping at the door, might burst it open, and he fired a revolver through the panel of the door. Clayton was standing on the other side of the door, and the bullet entered his heart. He called out that he was shot. His wife and son, Frederick Clayton, came downstairs. Prisoner was then standing at the street door apparently talking to some one. Frede
<lb/>rick Clayton went towards him. The prisoner exclaimed, "Come on, I have got two of you to deal with now" He discharged the revolver, and Mrs. Clayton fell to the ground by the side of her husband, the bullet having entered her abdomen. She died some time afterwards from the injury. The prisoner's explanation was that he did it on the impulse of the moment in self-defence. He said that William Clayton came down like a tiger, and he fired the revolver through the door to frighten him. He fired the second shot towards the ground.</p>
<p>Prisoner's statement before the magistrate: "I done it on the im
<lb/>pulse of the moment, in self-defence. He came down and tried to force his way into my room and to force the door open. My wife got inside, and we both pushed the door to. Then he used a shocking threat and tried to force his way in again. We both leant against the</p>
<xptr type="pageFacsimile" doc="190611190043"/>
<p>door. Then he took an oath that he would not go out of the house without seeing me, and that he would do for me. All this time we were trying to keep ham out and he was trying to force his way in. After a while, feeling our strength giving way, I thought he would really burst in upon us. In the impulse of the moment I picked up a pistol from under the drawers and fired through the door. I had no intention of hitting him, but only to frighten him and to gain time to call somebody else. After I fired I heard him fall and I opened the door and went into the passage. I was frightened and terrified for the moment. Then young Clayton came up and rushed at me. I said to him, "How many of you?" With that he ran back into the passage. He went downstairs and came up behind me the front way; then by accident the pistol went off and shot the woman. I stumbled against the man or something. I was all of a tremble. The passage is rather dark, and I could scarcely see anything. I did see the woman, but only very faintly. I never intended to hurt the man; it was done in a moment of excitement; I was terri
<lb/>fied at the time."</p>
<p>Mr. Curtis Bennett, addressing the Court on behalf of the prisoner, said that he was a man of neurotic temperament. He bought the re
<lb/>volver some years ago for self-protection In the course of the quarrel William Clayton exclaimed, "Before I leave in the morning I will settle with you," or words to that effect. The prisoner, hearing that, thought that Clayton was going to do some bodily harm to him and his wife. The door was only fastened with the button, and the pri
<lb/>soner thought that the fastening was giving way. It was in these cir
<lb/>cumstances that he fired the revolver through the panel. In regard to the second shot, counsel said the passage was dark, and the pri
<lb/>soner could not see how many people were there or if he was going to be struck by anyone. He thereupon fired the second shot in the direc
<lb/>tion of the floor. He did not see Mrs. Clayton.</p>
<p>Testimonials were produced from the prisoner's employers speaking to his excellent character.</p>
<p>A Jury was sworn, and returned a verdict of "
<rs id="t19061119-35-verdict-1" type="verdictDescription">
<interp inst="t19061119-35-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-35-verdict-1" type="verdictSubcategory" value="manslaughter"/>Not guilty of murder and guilty of manslaughter</rs>."</p>
<p>Mrs.
<hi rend="smallCaps">WADE</hi>, called by the Judge, stated that she had been married to the prisoner for 23 years. He was never a strong man, and had always been nervous and delicate. She had not known that he had a pistol in the house.</p>
<p>Sentence,
<rs id="t19061119-35-punishment-31" type="punishmentDescription">
<interp inst="t19061119-35-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-35-punishment-31" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-35-19061119 t19061119-35-punishment-31"/>Twelve months' hard labour</rs>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>; Wednesday, November 21,</p>
<p>(Before the Recorder.)</p>
<div1 type="trialAccount" id="t19061119-36">
<interp inst="t19061119-36" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-36" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-36-charge-1" targOrder="Y" targets="def1-36-19061119 t19061119-36-offence-1 t19061119-36-verdict-1"/>
<p>
<persName id="def1-36-19061119" type="defendantName">
<interp inst="def1-36-19061119" type="gender" value="male"/>
<interp inst="def1-36-19061119" type="age" value="28"/>
<interp inst="def1-36-19061119" type="surname" value="BROWN"/>
<interp inst="def1-36-19061119" type="given" value="ALFRED GEORGE"/>
<interp inst="def1-36-19061119" type="occupation" value="carpenter"/>
<hi rend="largeCaps">BROWN</hi>, Alfred George (28, carpenter)</persName>
<rs id="t19061119-36-offence-1" type="offenceDescription">
<interp inst="t19061119-36-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19061119-36-offence-1" type="offenceSubcategory" value="wounding"/>; feloniously wounding
<persName id="t19061119-name-143" type="victimName">
<interp inst="t19061119-name-143" type="gender" value="male"/>
<interp inst="t19061119-name-143" type="surname" value="WELLS"/>
<interp inst="t19061119-name-143" type="given" value="CHARLES"/>
<interp inst="t19061119-name-143" type="occupation" value="coal porter"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-36-offence-1 t19061119-name-143"/>Charles Wells</persName> with intent to do him some grievous bodily harm.</rs> </p>
<p>Mr. H. H. Pocock prosecuted.</p>
<xptr type="pageFacsimile" doc="190611190044"/>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-144" type="witnessName">
<interp inst="t19061119-name-144" type="gender" value="male"/>
<interp inst="t19061119-name-144" type="surname" value="WELLS"/>
<interp inst="t19061119-name-144" type="given" value="CHARLES"/>CHARLES WELLS</persName> </hi>, 2, Clifton Terrace, Finsbury Park, coal porter. At 11.30 p.m. on November 3 I was in Seven sisters Road with Fred Fisher and Walter Emery. Prisoner came up at the corner of Woodberry Road and Godwin Street and asked who was the best man of the three. He was a stranger to me. We turned round and said we do not want to have anything to do with fighting. Prisoner then struck me behind the ear with something he took from his pocket. I could not say if he inflicted a wound. I ran after him, took my coat end waistcoat off as I ran, and caught hold of him round the neck, and we both fell together. After that he punched me seven or eight times with something which pricked me. I found myself covered with blood and became unconscious. I came to myself in the Great Northern Hospital. I was an in-patient from November 3 to 19, and am now an out-patient. I did not see any body with prisoner.</p>
<p>Cross-examined by prisoner. You hit me first with something on the shoulder. I took my coat and waistcoat off, and ran after you to hit you back when you struck me first, and to give you a thrashing if I could. I never struck you at all.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-145" type="witnessName">
<interp inst="t19061119-name-145" type="gender" value="male"/>
<interp inst="t19061119-name-145" type="surname" value="EMERY"/>
<interp inst="t19061119-name-145" type="given" value="WALTER"/>WALTER EMERY</persName> </hi>, 16, Athelstane Road, Finebury Park, private, 7th Battalion King's Royal Rifle Corps. On November 3, 1906, I was in Seven Sisters Road at about 11.30 p.m. with prosecutor and Fred Fisher. Later on we saw prisoner coming across. I had not seen him before. He was coming up behind me. and he said, "What are you laughing at?" I turned round and asked him what he meant, and he offered to strike, and Wells said, "Wally, he is coming up to hit you." With that, prisoner put his bond in his right trousers pocket and pulled out a white thing—I thought it was a dagger or knife—and struck at Wells and ran away. He did not appear to be drunk. He seemed to strike Wells on the side of the face. I did no. see any blood then. The prisoner ran away, and Wells ran after him. It might have been the knife (produced). One blade is broken—it might have been that. As Wells was running he threw his coat and waistcoat off. I ran as well, but having my big coat on I could not run very fast. Wells caught him round the neck and they fell. While on the ground I saw prisoner strike Wells several times with something white. I went to pull prisoner off and he struck at me with the weapon which he still had in his hand. I dodged away; the prisoner got up and ran away. Wells was very bad, bleeding furiously; he did not seem very conscious. He seemed very weak. I stopped to pick him up, and helped him to the station. I saw prisoner at the station, and identified him.</p>
<p>Cross-examined by Prisoner. I know you punched Wells on the left tide of the face. I was standing on the right of you. I ran to see what was the consequence of the squabble. When I saw you pull the knife out—the dagger—I thought it very dangerous. I did not run with the intention to give you a punching. I came to the con
<lb/>clusion you were doing something very bad. I could not say whether</p>
<xptr type="pageFacsimile" doc="190611190045"/>
<p>Fisher ran after you. I have not had a talk with Wells and the other witness about this affair. I asked you what you meant. You said you wanted to fight the best man of the three. I first saw you between 12 and quarter-past. I do not know Fisher's young woman. There are no lodging-houses in Fonthill Road to my knowledge. I have been about three months in the Army. I live in Athelstane Road, about three minutes' walk from where this took place.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-146" type="witnessName">
<interp inst="t19061119-name-146" type="gender" value="male"/>
<interp inst="t19061119-name-146" type="surname" value="HICKS"/>
<interp inst="t19061119-name-146" type="given" value="FRED"/>FRED. D. HICKS</persName> </hi>, Acting Divisional surgeon, Y Division. About 12.30 on the morning of Sunday, November 4 I was called to the station and saw prosecutor. He was in a very collapsed condition, bat I should not say unconscious—very collapsed and bleeding every where. There was one incised wound on the left side of the head about 2 in behind the left ear 2 in. in length, bleeding freely; a wound on the left side of the forehead over the left eye; one punctured wound in front of the left ear, and another similar punctured wound on the chin. There were sundry deep scratches, as though done by a sharp instrument on the cheek and the upper lip. There was also a wound 2 1/2 in. long above the navel; a stabbed wound slightly to the left side; there was one wound over the region of the heart, and one wound in the neck above the left collar-bone, and both those wounds had been deep enough to puncture the lung inside, and the air from the lung had got into the tissues of the akin. Those were all the wounds. The wound on the back of the head was a clean-cut wound, and might have been caused by the larger blade of the knife produced, but this larger blade is too broad to have made the other wounds, ex
<lb/>cepting the scratches. The punctured wounds might have been done by a blade such as the one which is now broken. The wound in the abdomen had bled pretty freely, but, apparently, was not so deep as the others. The ones in the region of the heart and over the left collar-bone were both deep wounds, and undoubtedly dangerous. The wound over the navel was in a dangerous situation. I staunched the blood as well as I could with cotton wool, and, seeing how dangerous a case it was I got the man in a cab and attend him and the wounds properly dressed. I stayed while it was being done. I saw the pri
<lb/>soner at the police station when I came back to make a note. There was nothing in his condition to indicate one way or the other whether he was drunk.</p>
<p>Cross-examined by Prisoner. I saw the wound on the back of your head. It is difficult to say now what size it was, but it was a confu
<lb/>sion—a bruise—at the back of the head as though you had fallen on some hard substance. I do not think it could have been caused by a blow from a stick. I think prosecutor could have run some distance after receiving the wound over his left collar-bone, and I think it was the running which caused the air to work into the wound from the lungs.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-147" type="witnessName">
<interp inst="t19061119-name-147" type="gender" value="male"/>
<interp inst="t19061119-name-147" type="surname" value="BARBER"/>
<interp inst="t19061119-name-147" type="given" value="ALEC"/>ALEC BARBER</persName> </hi>, House surgeon, Great Northern Hospital. I have been attending prosecutor since November 4. I saw him very soon after he was brought in. He was bleeding fairly freely from several</p>
<xptr type="pageFacsimile" doc="190611190046"/>
<p>wounds on his head and body. He was rather excitable. I dressed his wounds on the operating table—the wound above the left collar
<lb/>bone, one over the region of the heart, one in the abdomen, and one on the back of the head. All this took place in the early morning of November 4. He was an in-patient until last Monday, when I dis
<lb/>charged him. He was in danger, but he is out of danger now, and I think he will mend. It will be a long time before he is able to go to work again as a coal porter. I think the wounds could have been done with the knife produced. [To the Recorder.] He need not be in bed now; he is quite fit to go about. He is attending at the hos
<lb/>pital as an out-patient.</p>
<p>Cross-examined. The wound on the back of the head might have been inflicted with the large blade of that knfe, and the smaller blade before being broken would have inflicted the others.</p>
<p>To the Recorder. It is not necessary that prosecutor should stay in the hospital—in fact, I think he ought to go to work within a fort
<lb/>night as a coal porter. The wound over the lung is healed. I do not think it is necessary to send him to a convalescent home.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-148" type="witnessName">
<interp inst="t19061119-name-148" type="gender" value="male"/>
<interp inst="t19061119-name-148" type="surname" value="FISHER"/>
<interp inst="t19061119-name-148" type="given" value="FRED"/>FRED FISHER</persName> </hi>, 126, Fonthill Road, Holloway, labourer. I was with prosecutor and Emery at the corner of Godwin Street on November 3, 1906, between 11 and 12 p.m., when I saw the prisoner. He came across, and asked us what we were laughing at. Then he challenged the beat man amongst us to fight, and struck Wells upon the shoulder. He was with a female on the opposite side. He ap
<lb/>peared to be sober. He drew something bright from his pocket, struck Wells upon the shoulder, and ran away. Wells ran after him. I did not see any more; I was taken away by my young lady. After
<lb/>wards I saw two constables helping prosecutor towards Seven Sisters Road. Wells was sober—he was very pale. I do not know the pri
<lb/>soner or the woman who was with him. [To the Recorder.] He was quite a stranger to me. We had not been passing any remark about him or about the woman. Nothing was said; nothing was done at all. Nothing whatever was said or done by either of the three of us to the prisoner or to the woman with him.</p>
<p>Cross-examined. I did not link my arm into yours and say, "Come and have a drink, and it will be all right." You never pushed me away against the wall. I did not run after you and Wells.</p>
<p>[To the Recorder.] I did nothing whatever to him or to the woman, I made no offensive remark or anything of the sort, nor did either of my comrades. [To the prisoner.] I met my young woman just after 12. I had not been with her before. I meet her every Satur
<lb/>day night at half past 12.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-149" type="witnessName">
<interp inst="t19061119-name-149" type="gender" value="male"/>
<interp inst="t19061119-name-149" type="surname" value="HAZELL"/>
<interp inst="t19061119-name-149" type="given" value="HENRY"/>HENRY HAZELL</persName> </hi>, 57, Campbell Road, Holloway, greengrocer's car
<lb/>man. I do not know the prisoner. I know the prosecutor as living in the neighbourhood. He is not a friend of mine. I had just finished at the shop where I work when I was attracted across the road by screams, and I saw the two men on the ground, prosecutor underneath, the prisoner striking him with his right hand—I did not</p>
<xptr type="pageFacsimile" doc="190611190047"/>
<p>see anything in his hand. When I got closer the prisoner got up and walked away, and I saw him put something in his right hand trousers pocket. Bystanders then picked the injured man up, and he was so covered with blood that I came to the conclusion he had been stabbed. I went after the prisoner, and caught him, and said, "Wait a minute." He said, "what do you want; do you want some?" at the same time drawing a knife similar to that (produced) from his right hand trousers pocket, and opening the large blade. I then let go of him, and he walked away. I followed, and when the policeman came up gave him into custody. I then saw him drop the knife behind him, picked it up, and handed it to the constable.</p>
<p>Police-Constable
<hi rend="smallCaps">ALBERT BRUTY</hi>, 821 J. I saw prisoner coming hurriedly up the street. Hazell told me what he had done, and I took him into custody. Prisoner placed his right hand behind him and dropped the knife produced, which Hazell handed to me. Pri
<lb/>soner said, "I am not drunk. What do you take me to, the station for? Let me go. I will give you 5s. You will get nothing out of this. Let me go and I will give you 5s." That was on the way to the station. He was not drunk. At the station he said, "Look at me, mud all over. I have been set upon by four roughs, just be
<lb/>cause I would not buy them beer. They set about me, and I have only defended myself. Look at that lump on my head." He had a large lump as the back of his head, and blood on his face and neck. That did not come from any wound on him. I examined him, and there was no wound on him whatever. He was in a muddy state. I know nothing of any of these men. Prisoner became very violent on the way to the station and tried to get away. I had no assistance, as the other two constables were employed on the injured man. Prose
<lb/>cutor was in a state of collapse. He was partly carried and partly walked to the station. He was very bloody; blood flowing very freely from the neck. The divisional surgeon was sent for on the way to the station, and came very soon.</p>
<p>Cross-examined. There are no lodging-houses in Fonthill Road; in Campbell Road I know of three. I do not know of any prostitutes living in Fonthill or Campbell Roads. I have cautioned women in the street, but not with men. The women I turned off the street are those that I have noticed or had suspicion of being prostitutes. I should not think that a man with a watch and chain was going to lose it down those streets.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-150" type="witnessName">
<interp inst="t19061119-name-150" type="gender" value="male"/>
<interp inst="t19061119-name-150" type="surname" value="BROWN"/>
<interp inst="t19061119-name-150" type="given" value="ALFRED GEORGE"/>ALFRED GEORGE BROWN</persName> </hi> (prisoner, not on oath). On the night in question, about 11 or 12 p.m., I met a prostitute in Fonthill Road, and consented to go down Fonthill Road for the purpose of having connec
<lb/>tion with her. When I got down to Fonthill Road she said, "Come into a house," which I consented to, and gave a man a shilling at the door. When I got into the house she wanted another shilling before I got into the room. I said, "Give me my shilling back. I will go out." I could not get my shilling back, but as I came down Fonthill Road I saw these three people talking to the woman. When I got</p>
<xptr type="pageFacsimile" doc="190611190048"/>
<p>there the woman walked away from them, and, as I came up to them, the three came round me and asked why I insulted that woman and made a fool of her. Then Fisher linked his arm into mine and said, "Come and treat us and buy some beer," stopping me." No," I said, "I am not going to buy beer for you." He said, "Come, it is all right." I gave him a push. Then the soldier and the other fellow made a stroke at me. I hit out, and hit Wells and ran away. I deny using that knife in the first instance. Why should you believe I should go up to three men and without any foundation at all chal
<lb/>lenge the best one to fight, and deliberately stab him in that manner unless I had been drunk or a lunatic? I am telling you the truth. I am a working-man, only just come from Canada. I landed at Liverpool on October 2. I ran away from them, not having used the knife, and the prosecutor ran after me and deliberately put his arms round my neck from behind to hold me in that position tall his pals came up, so that hit pals could pay me. He held me in that position with his arms round my neck and the other two came along and started punching me. I put my fingers in my pocket and pulled out the knife, opening it and striking with the small blade, which is broken off in the struggle. At the same time the soldier hit me on the head with the cane he carries. There was no blood at all on the ground. If I fell on the top of that man, how did I get that blood? I could not hit my head on the pavement. They said I wrestled with the man and we fell down. I say I got that blow from a blow with the soldier's cane after wrestling with the prosecutor. At the finish I found this man with his arms round me, and I got hold of my knife and stabbed with it, and defended myself and used the knife in that way. I was getting punches off one and a hit from the other one. I made no complaint about it to the divisional surgeon for the simple reason that I was excited at the time. In fact, they told me that the man was murdered, that the man was dead. I thought I was charged with murder. Put yourselves in my position—would you think of anything like that? They say blood was on my face; that was from a punch in the nose. If that man fell on the ground under me could I get bloodstains on the face? I admit some blood might have come off him, but I had a punch on my nose, and there are the bloodstains on my tie at the present moment, which never came off this man. Do you think I should turn round and deliberately stab at three men without any provocation at all? What is there to cause it—that is what I want to know? It is said I, a stranger to three men, in a strange neighbourhood, deliberately challenge the best man to fight and then give one a punch and run away. What I did was in self-defence. They assaulted me, and I defended myself. If I had not defended myself with that knife I should have been kicked to death. I am telling you the truth. As soon as that man let go I got up and ran away. I was sober. He ran after me to give me a thrashing, and the other two came on to assault me. What would they have done to me if I had not used the knife?</p>
<p>Verdict,
<rs id="t19061119-36-verdict-1" type="verdictDescription">
<interp inst="t19061119-36-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-36-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>. The jury stated they considered prisoner may probably have had provocation. Prisoner confessed to being con
<lb/>victed</p>
<xptr type="pageFacsimile" doc="190611190049"/>
<p>of felony at Westminster on February 22,1902, where he was sentenced to five years' penal servitude and five years' police super
<lb/>vision. Three previous sentences were proved, and a sentence of five months for assault in Canada and expulsion. Sentence,
<rs id="t19061119-36-punishment-32" type="punishmentDescription">
<interp inst="t19061119-36-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-36-punishment-32" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-36-19061119 t19061119-36-punishment-32"/>Five years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-37">
<interp inst="t19061119-37" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-37" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-37-charge-1" targOrder="Y" targets="def1-37-19061119 t19061119-37-offence-1 t19061119-37-verdict-1"/>
<p>
<persName id="def1-37-19061119" type="defendantName">
<interp inst="def1-37-19061119" type="gender" value="male"/>
<interp inst="def1-37-19061119" type="age" value="35"/>
<interp inst="def1-37-19061119" type="surname" value="HUNTER"/>
<interp inst="def1-37-19061119" type="given" value="CLAUDE SIDNEY"/>
<interp inst="def1-37-19061119" type="occupation" value="no occupation"/>
<hi rend="largeCaps">HUNTER</hi>, Claude Sidney (35, no occupation)</persName>
<rs id="t19061119-37-offence-1" type="offenceDescription">
<interp inst="t19061119-37-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19061119-37-offence-1" type="offenceSubcategory" value="simpleLarceny"/>; stealing a ring, the goods of
<persName id="t19061119-name-152" type="victimName">
<interp inst="t19061119-name-152" type="gender" value="female"/>
<interp inst="t19061119-name-152" type="surname" value="CLEMOW"/>
<interp inst="t19061119-name-152" type="given" value="BLANCHE GRAHAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-37-offence-1 t19061119-name-152"/>Blanche Graham Clemow</persName>, and feloniously receiving same.</rs> </p>
<p>Mr. De Michele prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-153" type="witnessName">
<interp inst="t19061119-name-153" type="gender" value="female"/>
<interp inst="t19061119-name-153" type="surname" value="CLEMOW"/>
<interp inst="t19061119-name-153" type="given" value="BLANCHE GRAHAM"/>BLANCHE GRAHAM CLEMOW</persName> </hi>, 101, Earl's Court Road, widow. Alice Lee has been in my service as cook for 11 years. Her sister, Ellen Lee, I have known for four or five years, and she being ill, I allowed her to have a room on the same floor as my own in my house. On September 4 I wore a diamond and emerald ring (produced), which was left on my dressing table, and I missed it about a fortnight after
<lb/>wards and went to the pawnbroker's and identified it. Prisoner had no authority to go into my room to take scent or anything else. I saw prisoner on the morning of the 6th, when Ellen Lee left for the hos
<lb/>pital. He stated that she was his wife.</p>
<p>Cross-examined. I think there was other jewellery besides this ring on the dressing table. I was in the habit of leaving my jewellery about, as I had had my two servants for 14 and 11 years. Alice Lee told me you said yon had found a ring. She did not tell me if it was my ring you were prepared to redeem it as soon as possible. She said she was overcome with grief that I should be put to the expense of getting it out.</p>
<p>Re-examined. I got the ticket on September 24, three weeks later.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-154" type="witnessName">
<interp inst="t19061119-name-154" type="gender" value="female"/>
<interp inst="t19061119-name-154" type="surname" value="LEE"/>
<interp inst="t19061119-name-154" type="given" value="ALICE"/>ALICE LEE</persName> </hi>, cook to Mrs. Clemow. My sister Ellen came to stop at the house because she was ill. Prisoner was supposed to be her hus
<lb/>band, and I knew him as Paget. He brought her on September 2. I saw him on the 3rd and also on the 6th, when he went upstairs to he thought my sister was very bad, end that I had better go up and see her. He said he had opened the doors to give more draught, and that he had been to Mrs. Clemow's room to fetch some scent as he knew Mrs. Clemow would not mind. Prisoner later on took Ellen Lee to the hospital. Some days afterwards he said that he had found a ring in the bottom of his trousers when he was undressing on the night after he took Ellen to the hospital. He hoped that his luck would turn, as he said he knew it was a good ring. He did not say he had pawned it.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-155" type="witnessName">
<interp inst="t19061119-name-155" type="gender" value="male"/>
<interp inst="t19061119-name-155" type="surname" value="BORER"/>
<interp inst="t19061119-name-155" type="given" value="JOHN"/>JOHN C. BORER</persName> </hi>, assistant to Smith, pawnbroker, 163, Brompton Road. Prisoner pawned ring produced with, me on the afternoon of September 6 for £5 in the name of Dighton Patmore. The outside value ok it would be £8. He was of respectable appearance, and I had no suspicion.</p>
<p>Cross-examined. The ring was pawned between two and four p.m.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-156" type="witnessName">
<interp inst="t19061119-name-156" type="gender" value="female"/>
<interp inst="t19061119-name-156" type="surname" value="LEE"/>
<interp inst="t19061119-name-156" type="given" value="ELLEN"/>ELLEN LEE</persName> </hi>. I have cohabited with prisoner for some months. I am a domestic servant Prisoner gave me pawnticket (produced),</p>
<xptr type="pageFacsimile" doc="190611190050"/>
<p>and said it was Mrs. Clemow's ring, and told me to take it to her, which I did the same day. I do not remember when he gave it me. He said he had found tie ring in the bottom of his trousers. He gave me his address at 199, Kennington Park Road, and I gave it to Mrs. Clemow. I remained in the hospital a week.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-157" type="witnessName">
<interp inst="t19061119-name-157" type="gender" value="male"/>
<interp inst="t19061119-name-157" type="surname" value="VANNER"/>
<interp inst="t19061119-name-157" type="given" value="CHARLES"/>SERGEANT CHARLES VANNER</persName> </hi>, C Division. On October 11 I saw pri
<lb/>soner at Vine Street Station, and read the warrant to him, which included other charges besides the present. He said, "I am sorry I used Dr. Clemow's name. I took Mrs. Clemow's ring out of the house without knowing it. When I discovered I had it I immediately pledged it for £5, but I sent the pawnticket back.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-158" type="witnessName">
<interp inst="t19061119-name-158" type="gender" value="male"/>
<interp inst="t19061119-name-158" type="surname" value="HUNTER"/>
<interp inst="t19061119-name-158" type="given" value="CLAUDE SYDNEY"/>CLAUDE SYDNEY HUNTER</persName> </hi> (prisoner, not on oath). I have only one thing to say. While Ellen Lee was at Mrs. Clemow's I went into her bedroom to take the scent bottle, at Lee asked me to get her some scent. In taking the scent bottle I knocked over a small casket with other jewellery in it. I picked it up, and placed it on the dressing-table. When I got home that same afternoon, in changing, as I took off my trousers and turned them down, the ring fell out on the floor. I was pressed for money, and pawned it, and told Alice Lee that I had found this ring. I made no secret of the fact that the ring was in my possession, and when I sent the ticket up to Mrs. Clemow by Ellen lee I told her to tell the facts to Mrs. Clemow, and to say if it wit her ring I would redeem it at soon as possible, or pay her the money. I did not know it was hers for a certainty.</p>
<p>Verdict,
<rs id="t19061119-37-verdict-1" type="verdictDescription">
<interp inst="t19061119-37-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-37-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>. Several previous convictions were proved, the last being one for forgery, with a sentence of three years' penal ser
<lb/>vitude, which expired June 21, 1906. Sentence,
<rs id="t19061119-37-punishment-33" type="punishmentDescription">
<interp inst="t19061119-37-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-37-punishment-33" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-37-19061119 t19061119-37-punishment-33"/>Five years' penal servitude</rs>,
<rs id="t19061119-37-punishment-34" type="punishmentDescription">
<interp inst="t19061119-37-punishment-34" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19061119-37-punishment-34" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-37-19061119 t19061119-37-punishment-34"/>and five years' police supervision</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-38">
<interp inst="t19061119-38" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-38" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-38-charge-1" targOrder="Y" targets="def1-38-19061119 t19061119-38-offence-1 t19061119-38-verdict-1"/>
<p>
<persName id="def1-38-19061119" type="defendantName">
<interp inst="def1-38-19061119" type="gender" value="male"/>
<interp inst="def1-38-19061119" type="age" value="33"/>
<interp inst="def1-38-19061119" type="surname" value="CRESSY"/>
<interp inst="def1-38-19061119" type="given" value="CLARENCE"/>
<interp inst="def1-38-19061119" type="occupation" value="carpenter"/>
<hi rend="largeCaps">CRESSY</hi>, Clarence (33, carpenter)</persName>
<rs id="t19061119-38-offence-1" type="offenceDescription">
<interp inst="t19061119-38-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19061119-38-offence-1" type="offenceSubcategory" value="sodomy"/>; indecently assaulting
<persName id="t19061119-name-160" type="victimName">
<interp inst="t19061119-name-160" type="gender" value="male"/>
<interp inst="t19061119-name-160" type="surname" value="WARWICK"/>
<interp inst="t19061119-name-160" type="given" value="STANLEY"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-38-offence-1 t19061119-name-160"/>Stanley Warwick</persName>, a male person; being a male person did procure the com
<lb/>mission by
<persName id="t19061119-name-161" type="victimName">
<interp inst="t19061119-name-161" type="gender" value="male"/>
<interp inst="t19061119-name-161" type="surname" value="WARWICK"/>
<interp inst="t19061119-name-161" type="given" value="STANLEY"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-38-offence-1 t19061119-name-161"/>Stanley Warwick</persName>, a male person, of a certain act of gross indecency with him the said C. Cressy.</rs> </p>
<p>Verdict,
<rs id="t19061119-38-verdict-1" type="verdictDescription">
<interp inst="t19061119-38-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-38-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>. Sentence,
<rs id="t19061119-38-punishment-35" type="punishmentDescription">
<interp inst="t19061119-38-punishment-35" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-38-punishment-35" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-38-19061119 t19061119-38-punishment-35"/>18 months' hard labour</rs>.</p> </div1>
<p>
<hi rend="largeCaps">FOURTH COURT</hi>; Wednesday, November 21.</p>
<p>(Before Judge Lumley Smith.)</p>
<div1 type="trialAccount" id="t19061119-39">
<interp inst="t19061119-39" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-39" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-39-charge-1" targOrder="Y" targets="def1-39-19061119 t19061119-39-offence-1 t19061119-39-verdict-1"/>
<p>
<persName id="def1-39-19061119" type="defendantName">
<interp inst="def1-39-19061119" type="gender" value="male"/>
<interp inst="def1-39-19061119" type="age" value="42"/>
<interp inst="def1-39-19061119" type="surname" value="WATERMAN"/>
<interp inst="def1-39-19061119" type="given" value="WILLIAM HENRY"/>
<interp inst="def1-39-19061119" type="occupation" value="surveyor"/>
<hi rend="largeCaps">WATERMAN</hi>, William Henry (42, surveyor)</persName>
<rs id="t19061119-39-offence-1" type="offenceDescription">
<interp inst="t19061119-39-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19061119-39-offence-1" type="offenceSubcategory" value="fraud"/>; uttering a certain bill of exchange knowing the same to be forged, with intent to defraud. Obtaining by false pretences from
<persName id="t19061119-name-163" type="victimName">
<interp inst="t19061119-name-163" type="gender" value="male"/>
<interp inst="t19061119-name-163" type="surname" value="LICHTWITZ"/>
<interp inst="t19061119-name-163" type="given" value="LUDWIG"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-39-offence-1 t19061119-name-163"/>Ludwig Lichtwitz</persName> the sum of £143, with intent to defraud. Uttering certain bills of exchange for £200, £165, and £200, knowing the same to be forged, in each case with intent to defraud. Obtaining by false pretences from
<persName id="t19061119-name-164" type="victimName">
<interp inst="t19061119-name-164" type="gender" value="male"/>
<interp inst="t19061119-name-164" type="surname" value="BRIDGEWATER"/>
<interp inst="t19061119-name-164" type="given" value="BENJAMIN"/>
<interp inst="t19061119-name-164" type="occupation" value="engineer"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-39-offence-1 t19061119-name-164"/>Benjamin Bridgewater</persName>, the several sums of £190, £156 15s., and £200, in each case with intent to defraud. Attempting to obtain from
<persName id="t19061119-name-165" type="victimName">
<interp inst="t19061119-name-165" type="gender" value="male"/>
<interp inst="t19061119-name-165" type="surname" value="BRIDGEWATER"/>
<interp inst="t19061119-name-165" type="given" value="BENJAMIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-39-offence-1 t19061119-name-165"/>Benjamin Bridgewater</persName> the sum of £190 by meant of a certain forged bill of ex
<lb/>change, knowing the same to be forged and with intent to defraud. Forging and uttering five bills of exchange, in each case with intent to defraud</rs>.</p>
<xptr type="pageFacsimile" doc="190611190051"/>
<p>Mr. J. P. Grain and Mr. Forrest Fulton prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-166" type="witnessName">
<interp inst="t19061119-name-166" type="gender" value="male"/>
<interp inst="t19061119-name-166" type="surname" value="BRIDGEWATER"/>
<interp inst="t19061119-name-166" type="given" value="BENJAMIN"/>BENJAMIN BRIDGEWATER</persName> </hi>, engineer. I have known accused some time, and I have had transactions with him from time to time. I have discounted bills for him. Bill No. 8 (produced.) is a bill for £200—purported to be accepted by Mr. Maddison—which I dis
<lb/>counted at prisoner's request. I gave him £190 for it. It was pre
<lb/>sented at maturity, and came back, "Instructions—no advice." Bill No. 10, for £165, of June 28 purports to bear the acceptance of Mr. Gleed. I discounted for prisoner, giving him £157. It was presented and returned "No Advice." Bill No. 11, of May 22; for £175, pur
<lb/>ports to bear my signature, but it is not my signature, nor was it written by my authority. Bill No. 12, of July 9, for £200, also pur
<lb/>ports to bear my acceptance, but is a forgery. No. 14, July 9, for £150, is a forgery. No. 15, of April 9, for £200, is a forgery. No. 10. of July 19, for £200, is a forgery. No. 17, of August 8, for £200, that which is supposed to be my acceptance, is a forgery. The total amount of which I was defrauded was £546 15s., that includes the £200 bill of April 9.</p>
<p>Cross-examined by Prisoner. I first knew you when you were articled to Mr. Holmes. I did some work for you, for which you have paid me thousands of pounds. I have always found you honest. As an architect you never toot commissions for me. You always had the name of being a man who did not take commissions. In 1896 Mr. Fortes cue took a site in Ludgate Hill, No. 56, and you introduced me to him some time previously. The mutter was discussed between us, and some two or three months afterwards we offered Mr. Fortes cue £1,100 more for the site. A plan was got out, and the place was built. That was my experience as a builder. I was simply an engineer be
<lb/>fore that. By trade I am a constructional engineer. When I gold the ground rent I think I got 32 1/2 years' purchase. There was a ground rent of £1,600. I gave 33 years' purchase for it. I sold the leasehold interest to the West India property people for £25,000. When I sold the Ludgate Hill property I did not promise you £500 out of the profit. If I had, you would have had it. You did not sue me for your fees, I swear. I could not tell you whether Mr. Evans was my solicitor. He was a solicitor three or four years ago, and did work for me. You built the property in York Road, King's Cross, I do not remember what it cost, nor what I got for it. I do not know whether I got £20,000. York Road was not profitable. I made a loss over it. In 1903 I lent Mr. Fortescue £10,000. I can hardly say it was at your re
<lb/>quest; it was done through Mr. Hughes, my solicitor. There Was no partnership, although it was contemplated. It was 32,000 ft. You put eight or ten warehouses on it. That was in Southwark. I sold it to the Southwark Borough, Council for £36,000 in 1903. I</p>
<xptr type="pageFacsimile" doc="190611190052"/>
<p>do not know whether I paid you your fees on the two warehouses I built. I do not know that I have been applied to for a further pay
<lb/>ment to Waterman and Abrahams of £800. It is the first I have beard of it. They were taken at a valuation, and I appointed you valuer on my behalf. It came to between £14,000 and £15,000. I am not aware that I was so pleased with the valuation that I gave you another £50 in addition to your 1 per cent. There was a quarrel with Mr. Fortescue about what it cost me, and I appointed you as arbitrator. You settled it, and I gave you £50. I remember at the end of 1904 Mr. Fortescue guaranteed a loan of £500 to you from the Capital and Counties Bank. I know at the time you were doing work for Fortescue as architect, you and I went to the sub-manager of the London and County Bank, Aldersgate Street, to ask him if he would let you have £475. On this guarantee he suggested, as I had a large sum on deposit for which I was only getting 2 per cent., that I should do it and get the 5 per cent. instead of 2. I drew a cheque for £500, with which an account was opened with the London and County Bank in your name. This was in 1905. You gave me a cheque for £160; £25 was for 5 per cent. on £500 for 12 months. You had the £500, and I had back the interest for the time, plus £25, which was for money you owed me. Towards the end of 1905 you may have advised me to buy the piece of land in White Lion Street. Mr. Robert Wragg bought it in November, 1905, and in February, 1906, I took it on a building lease at £130 a year, with the option of purchase of the freehold at 25 years' purchase. You acted for Mr. Wragg and myself as architect I do not remember yon writing a letter in my house in Hornsey naming the sum of 300 guineas for fees. The estimated cost of the building was between £3,000 and £4,000; it cost nearly £5,000. You drew the plans; 5 per cent, on £5,000 would be £150. There were three sets of plans. I think you had your, commission for the plans in White Lion Street. Directly you have not been paid your commission as architect on the job, but you have indirectly. I had to sue you in connection with, Mr. Fortescue's guarantee for himself of £500 to the London and County Bank; you have never paid it back. I called on For
<lb/>tescue to meet his guarantee, and he said he would not pay, and I had to sue him.</p>
<p>After the cross-examination had proceeded some time the prisoner stated that he would withdraw his plea, and the jury found a verdict of Guilty.</p>
<p>Detective-Inspector
<hi rend="smallCaps">BARR</hi> stated that prisoner is an undischarged bankrupt, liabilities being £5,182. In 1894 he was bankrupt, lia
<lb/>bilities £3,434; and his creditors received 7s. 6d. in the £. As the result of his forgeries he obtained £1,746 altogether since April of this year. He attributes his downfall to slow horses and fast women.</p>
<p>Prisoner handed in a statement in which he said that, in 1888, he joined Mr. Hughes in partnership, under the style of Hughes, Ballan
<lb/>tyne, and Waterman. In 1890 they built Portland House, Basing
<lb/>hall</p>
<xptr type="pageFacsimile" doc="190611190053"/>
<p>Street, for Mr. Eames, but be never wit paid his fees for the work. His affairs went into bankruptcy, and in 1894 a composition of 7s. 6d. in the £ was paid. In 1890 he started business at 7, Cullum Street and carried out various important buildings. He had had a number of professional engagements with Fortescue and Bridgewater, and the moneys due to him had not been paid. Eventually he got discouraged, and went to Hurst Park and York Races, where he backed three horses, either of which would have got him out of his trouble, and all three got beaten by a head. To save the disgrace of exposure to his family if he failed he had intended shooting himself. On the Sunday he heard Canon Fleming preach at York Minster, a sermon that touched him very much, and on the Monday he came back to London.</p>
<p>Sentence,
<rs id="t19061119-39-punishment-36" type="punishmentDescription">
<interp inst="t19061119-39-punishment-36" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-39-punishment-36" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-39-19061119 t19061119-39-punishment-36"/>Eighteen months' imprisonment in the second division</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-40">
<interp inst="t19061119-40" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-40" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-40-charge-1" targOrder="Y" targets="def1-40-19061119 t19061119-40-offence-1 t19061119-40-verdict-1"/>
<p>
<persName id="def1-40-19061119" type="defendantName">
<interp inst="def1-40-19061119" type="gender" value="male"/>
<interp inst="def1-40-19061119" type="age" value="35"/>
<interp inst="def1-40-19061119" type="surname" value="SHRUBB"/>
<interp inst="def1-40-19061119" type="given" value="GEORGE WALTER"/>
<interp inst="def1-40-19061119" type="occupation" value="gardener"/>
<hi rend="largeCaps">SHRUBB</hi>, George Walter (35, gardener)</persName>
<rs id="t19061119-40-verdict-1" type="verdictDescription">
<interp inst="t19061119-40-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-40-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19061119-40-offence-1" type="offenceDescription">
<interp inst="t19061119-40-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19061119-40-offence-1" type="offenceSubcategory" value="bigamy"/>; to marry
<lb/>ing
<persName id="t19061119-name-168" type="victimName">
<interp inst="t19061119-name-168" type="gender" value="female"/>
<interp inst="t19061119-name-168" type="surname" value="KIMP"/>
<interp inst="t19061119-name-168" type="given" value="ADA EMILY"/>
<join result="offenceVictim" targOrder="Y" targets="t19061119-40-offence-1 t19061119-name-168"/>Ada Emily Kimp</persName>, his wife being then alive</rs>. Sentence,
<rs id="t19061119-40-punishment-37" type="punishmentDescription">
<interp inst="t19061119-40-punishment-37" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-40-punishment-37" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-40-19061119 t19061119-40-punishment-37"/>Six months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19061119-41">
<interp inst="t19061119-41" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-41" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-41-charge-1" targOrder="Y" targets="def1-41-19061119 t19061119-41-offence-1 t19061119-41-verdict-1"/>
<p>
<persName id="def1-41-19061119" type="defendantName">
<interp inst="def1-41-19061119" type="gender" value="male"/>
<interp inst="def1-41-19061119" type="age" value="29"/>
<interp inst="def1-41-19061119" type="surname" value="FABLAND"/>
<interp inst="def1-41-19061119" type="given" value="JOHN"/>
<interp inst="def1-41-19061119" type="occupation" value="bootmaker"/>
<hi rend="largeCaps">FABLAND</hi>, John (29, bootmaker)</persName>
<rs id="t19061119-41-offence-1" type="offenceDescription">
<interp inst="t19061119-41-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19061119-41-offence-1" type="offenceSubcategory" value="forgery"/>; charged with forging and utter
<lb/>ing an endorsement on an order for the payment of £5, with intent to defraud.</rs> </p>
<p>Mr. Moran prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-170" type="witnessName">
<interp inst="t19061119-name-170" type="gender" value="male"/>
<interp inst="t19061119-name-170" type="surname" value="SILVERSTON"/>
<interp inst="t19061119-name-170" type="given" value="WALTER"/>WALTER SILVERSTON</persName> </hi>, 46, William Street, Hackney, trading as Sil
<lb/>verston and Son. My son is a partner with me, and prisoner was in our employ. My son drew a cheque on October 26, with my autho
<lb/>rity. Cheque produced is drawn by W. Silverston and Son on the National Provincial Bank and signed W. Silverston and Louis Sil
<lb/>verston and Son. It was left on the desk; prisoner had the entry to the office. The cheque is drawn on the firm's account.</p>
<p>To Prisoner. It was not impossible for anybody to inter the office without being observed, and unless they were well acquainted with the rules of the firm. You had the entry to the office and came in and out of it. Most decidedly I think you have taken the cheque.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-171" type="witnessName">
<interp inst="t19061119-name-171" type="gender" value="male"/>
<interp inst="t19061119-name-171" type="surname" value="SILVERTON"/>
<interp inst="t19061119-name-171" type="given" value="LOUIS"/>LOUIS SILVERTON</persName> </hi> (son of last witness). Prisoner was in our employ. I remember on October 26 drawing a cheque in the name of the firm, and it was left on the desk in the office. The signature of Mr. Gold
<lb/>berg was not on it. I have my private cheque book here. I missed a cheque from that book. The counterfoil is blank. The cheque before it is dated February 1. I cannot recognise the cheque other
<lb/>wise than by the number.</p>
<p>To Prisoner. It is impossible for me to say whether it is your writ
<lb/>ing unless I saw writing to compare it with. I could not say that you have taken the cheque. I can only say it is out of our cheque
<lb/>book, but you had access to the whole place. In my opinion you changed the cheque, and the other cheque was in your possession.</p>
<p>To the Court. I do not know anybody of the name of R. Smith. We bid not miss this cheque till we had it brought to our notice, because we do not use the cheque hook but seldom.</p>
<xptr type="pageFacsimile" doc="190611190054"/>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-172" type="witnessName">
<interp inst="t19061119-name-172" type="gender" value="male"/>
<interp inst="t19061119-name-172" type="surname" value="GOLDBERG"/>
<interp inst="t19061119-name-172" type="given" value="HARRIS"/>HARRIS GOLDBERG</persName> </hi>, timber merchant, 12, Hackney Road. Prisoner is a relative of mine. With regard to the cheque for £5, the endorse
<lb/>ment is not mine, although it resembles it. I did not authorise pri
<lb/>soner to cash it. I did not know anything about that cheque. With regard to the other, I have not got the name of R. Smith in my ledger. That cheque is not endorsed by me. I did not authorise prisoner to cash it. The signature does not resemble mine.</p>
<p>To Prisoner. It is not my signature, but I am not going to say that it is your writing. The signature on the first cheque it just as good as mine. It is a good forgery.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-173" type="witnessName">
<interp inst="t19061119-name-173" type="gender" value="male"/>
<interp inst="t19061119-name-173" type="surname" value="TYZACK"/>
<interp inst="t19061119-name-173" type="given" value="EDGAR"/>EDGAR TYZACK</persName> </hi>, tool maker, 343, Old Street Mr. Goldberg is a customer of ours. I change cheques for him. I recollect prisoner coming to my shop on November 1 and bringing a cheque for £5, which he asked me to change for Mr. Goldberg. I said I would do so, but it had not got Mr. Goldberg's signature, and I said, "You take it back to Mr. Goldberg and ask him to sign his name on the back of it." He came back with the cheque saying it had the signa
<lb/>ture of Mr. Goldberg on it. I looked at the signature and compared it with an original signature which I had and gave him the money.</p>
<p>To Prisoner. You did not tell me you were a relative of Mr. Goldberg.</p>
<p>To the Court. Prisoner was a stranger to me.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-174" type="witnessName">
<interp inst="t19061119-name-174" type="gender" value="male"/>
<interp inst="t19061119-name-174" type="surname" value="BOST"/>
<interp inst="t19061119-name-174" type="given" value="CHARLES"/>CHARLES BOST</persName> </hi>, 370, Old Street. I am a customer of Mr. Goldberg, and changed his cheques. Prisoner came to me on November 6 about 12 o'clock with a cheque for £6 4s., which he asked me to cash. Being a stranger my suspicions were aroused, and I asked him where Miss Goldberg was, at she usually came with such cheques. He said she was busy, and I told him to call again in an hour's time, which he did; but in the meantime I went to see Mr. Goldberg, and asked him if he had given authority to have the cheque cashed, sad he said, "No." I asked him if I should lock the prisoner up, and I sent for a constable. Prisoner came back again and gave me the cheque.</p>
<p>To Prisoner. You did not tell me you were a relation of Mr. Goldberg.</p>
<p>Police-Sergeant
<hi rend="smallCaps">J. POWELL</hi>. I saw prisoner at the station, and told him he would be charged with forging and uttering a cheque, and obtaining £5 from Mr. Tysack, 243, Old Street, and I showed him the cheque. I also showed Mr. Goldberg the cheque in the presence of prisoner, and Mr. Goldberg said the signature on the back was not his. Prisoner said that was right. I told him he would be charged with forging a cheque for £6 4s. He replied, "I had no intention to defraud; when I tried to cash the cheque I intended to go straight to Tyzack and to pay him back the £5. I should not have allowed the second cheque to past through the bank."</p>
<p>
<hi rend="smallCaps">PRISONER</hi> (not on oath). I was not the forger of £he cheque or utterer. I was given the cheque by a man who asked me to cash it and he sent me back to get it signed by Mr. Goldberg. I went</p>
<xptr type="pageFacsimile" doc="190611190055"/>
<p>out and gave the cheque back to this man, and told him that Mr. Goldberg must sign the cheque. He was waiting at the corner of the Kingsland Road. He said, "That will be all right, oblige me and get It cashed." Mr. Tyzack gave me £5, and I bought a pocket
<lb/>knife and I told him I was a relation of Mr. Goldberg, which shows that I had no intention of doing anything wrong. I took no more notice of it. On the Monday Mr. Tyzack came round to the ware-house to Mr. Silverston and I happened to be out. I met the man who gave me the cheque at Bow, and he said, "That is all right, I will come to Tyzack's to-night," and went. I would not let him go unless he gave me £5, and he made an appointment to see me first thing on Tuesday. I had to go on an errand for Mr. Silverston, and I met him in Old Street. He gave me another cheque for £6 4s., and he said, "YoU must get this cheque cashed." I should not have allowed the other cheque to go through the bank.</p>
<p>Verdict,
<rs id="t19061119-41-verdict-1" type="verdictDescription">
<interp inst="t19061119-41-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19061119-41-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>. Sentence,
<rs id="t19061119-41-punishment-38" type="punishmentDescription">
<interp inst="t19061119-41-punishment-38" type="punishmentCategory" value="imprison"/>
<interp inst="t19061119-41-punishment-38" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-41-19061119 t19061119-41-punishment-38"/>Five months' imprisonment in the second division</rs>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>; Thursday, November 22.</p>
<p>(Before the. Recorder.)</p>
<div1 type="trialAccount" id="t19061119-42">
<interp inst="t19061119-42" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-42" type="date" value="19061119"/>
<join result="criminalCharge" id="t19061119-42-charge-1" targOrder="Y" targets="def1-42-19061119 t19061119-42-offence-1 t19061119-42-verdict-1"/>
<p>
<persName id="def1-42-19061119" type="defendantName">
<interp inst="def1-42-19061119" type="gender" value="male"/>
<interp inst="def1-42-19061119" type="surname" value="BASHFORD"/>
<interp inst="def1-42-19061119" type="given" value="JOHN"/>
<hi rend="largeCaps">BASHFORD</hi>, John</persName>
<rs id="t19061119-42-offence-1" type="offenceDescription">
<interp inst="t19061119-42-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19061119-42-offence-1" type="offenceSubcategory" value="perjury"/>; committing wilful and corrupt perjury.</rs> </p>
<p>Mr. C. E. Jones prosecuted; Mr. Brandon defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-176" type="witnessName">
<interp inst="t19061119-name-176" type="gender" value="male"/>
<interp inst="t19061119-name-176" type="surname" value="OXON"/>
<interp inst="t19061119-name-176" type="given" value="WILLIAM WILFORD"/>WILLIAM WILFORD OXON</persName> </hi>, clerk to Tillings, Limited, jobmasters. Prisoner in December, 1904, ordered eight omnibuses and pairs of horses for a wedding from my company, and the account of £16 16s. was afterwards sent to him every month until, the money not being paid, the matter was placed in the hands of Mr. Kilner, solicitor to the company. I attended at Lambeth County Court on November 8, 1905, and we obtained judgment for £20 12s. 6d., debt and costs. On April 26, 1906, a judgment summons was issued, which came on for hearing tm May 17, 1906, before Judge Emden. Defendant was sworn, and stated that the carriages had been supplied to Greenwell, that he had repeatedly applied for payment, and had been unable to get the money because Mr. Greenwell was still abroad on his honey
<lb/>moon. The judge asked him if he was willing to assign the debt to Tillings; after some hesitation he said he would do so, and the judge then ordered the summons to stand over.</p>
<p>Cross-examined. Prisoner hesitated to agree to assign the debt for some noticeable time, a matter of a minute perhaps. I am not aware that Hayward had the management of prisoners business, or that the prisoner was away for months at a time.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-177" type="witnessName">
<interp inst="t19061119-name-177" type="gender" value="male"/>
<interp inst="t19061119-name-177" type="surname" value="KILNER"/>
<interp inst="t19061119-name-177" type="given" value="JOSEPH CORNELIUS HUGO"/>JOSEPH CORNELIUS HUGO KILNER</persName> </hi>, solicitor to Thomas Tillings, Limited. The collection of the debt was put in my hands in Sep
<lb/>tember, 1905. I issued a default summons on September 28. The</p>
<xptr type="pageFacsimile" doc="190611190056"/>
<p>defendant on October 6 gave notice he intended to defend the action; it came on for hearing at Lambeth County Court on November 8; the defendant did not appear, and judgment was given for debt and costs amounting to £20 12s. 6d. I caused an execution to be levied which wm ineffective, there being a bill of sale on his stock, and the furniture being claimed by the wife; and in April, 1906, a judgment summons was issued. Defendant attended at Lambeth County Court on May 17, 1906, and I was present when the matter came before Judge Emden. Prisoner was sworn, gave evidence on his own behalf, and I cross-examined him. He said he had made several applica
<lb/>tions for payment, and the answer he had got was that Mr. Greenwell was still on the Continent. He was represented by a solicitor. Pri
<lb/>soner agreed to assign the debt. His solicitor wanted to prepare the assignment, but I suggested I should prepare it to save time, and wrote to him several times for particulars of the debt. Prisoner came to see me once or twice; I asked him for the amount of the debt, he said he did not know, and would look up his books and let me know the amount. On June 11 I wrote stating that unless the particulars were furnished I should write to Mr. Greenwell. He then informed me that the amount was £29 10s., and executed the assign
<lb/>ment produced. Prisoner asked me to give him 10 days to pay the debt before giving notice of the assignment, which I did, and inserted that clause in the assignment, otherwise the assignment to become valid. I communicated with Greenwell 12 days afterwards, and on June 29 received letter produced from Godwin, Greenwell's estate agent, stating that the money had been paid by a crossed cheque to defendant's order. I informed the defendant, and arranged that he should com up to see Godwin and the cheque. He called on me twice before I had the cheque and said that he had not had any of the money, that he had had a manager who had robbed him and gone away. On July 12 I showed him the cheque endorsed, and he said, "That it my writing," and that he most have had use money. He seemed surprised at finding he had had the money, and offered to pay at the rate of £2 a month. I did not entertain his offer at all, and said I required a proper explanation of the matter. I then applied to the County Court for the reissue of the judgment summons which could not be served upon ham, and the present proceedings were insti
<lb/>tuted.</p>
<p>Cross-examined. I knew prisoner was a horse dealer. He told me he personally carried on his stables when he called about the pay
<lb/>ment. Greenwell's cheque was dated January 14, 1905, and was paid in on the 16th. Judgment was signed November 8, 1905, and the judgment summons was heard May 17, 1906. Defendant stated be had a wife and 11 children. He asked me to give him 10 days before giving notice to Greenwell, and therefore knew that, as a solicitor, I should give notice of the assignment of the debt. I have made no in
<lb/>quiries as to whether prisoner is a respectable man. On July 3 I showed prisoner the letter from Greenwell's agent, saying he had been</p>
<xptr type="pageFacsimile" doc="190611190057"/>
<p>paid. He said he had not received the money. When I showed him the cheque he said he would look through his pass-book, and he after
<lb/>wards stated there was no entry of £29 10s. He seemed surprised, and offered £2 a month.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-178" type="witnessName">
<interp inst="t19061119-name-178" type="gender" value="male"/>
<interp inst="t19061119-name-178" type="surname" value="DENNY"/>
<interp inst="t19061119-name-178" type="given" value="DAVID"/>DAVID DENNY</persName> </hi>, Chief Clerk, Lambeth County Court. I produce record of proceedings in Thomas Tilling, Limited v. Bashford, includ
<lb/>ing default summons, notice to defend, and record of the judgment. I was present at the hearing of the judgment summons on May 17, 1906, when defendant gave evidence, and I took notes as follows: "Defendant said, 'I own nothing. Am taking £4 a week, paying £4 10s. in wages. I have 11 children. Greenwood is the name of the creditor. He have not paid. I do not know his address.' Order was to Mars den Park. They were married at Oxted from Marden Park. That house is sole property of Mr. Greenwood, or Greenwell, to whom I sent accounts repeatedly. Reply is that they are away on the Continent Accounts never returned. I will assign the debt. Adjourned for that purpose." Those are all the notes I have, Sub
<lb/>sequently there was an attempt to reinstate the judgment summons, and it could not be served.</p>
<p>Cross-examined. My memory is entirely confined to my note.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-179" type="witnessName">
<interp inst="t19061119-name-179" type="gender" value="male"/>
<interp inst="t19061119-name-179" type="surname" value="GODWIN"/>
<interp inst="t19061119-name-179" type="given" value="GEORGE JAMES"/>GEORGE JAMES GODWIN</persName> </hi>. I am the agent of Sir Walter Greenwell, stockbroker, of Marden Park. I reside on the estate, and have the management of his business. I remember the wedding in December, 1904, and that prisoner was employed to supply a part of the car
<lb/>riages. On January 14, 1905, cheque produced for £29 10s. was sent to prisoner's address in payment of his account, was cashed on January 16, and I received receipt produced, which settled up the whole matter. All letters relating to the estate would be opened by me if sent to the estate office, or would be handed to me by Sir Walter Greenwell, if sent to him. No applications for payment have reached me from the prisoner. [To the Recorder.] The marriage was that of Sir Walter Greenwell's daughter to Hr. Daniel, who is on the Stock Exchange, and who could not have spent all that time on the Continent.</p>
<p>----
<hi rend="smallCaps">CROUCHER</hi>, clerk, London and County Bank, Croydon. I pro
<lb/>duce certified copy of the account of the prisoner, showing credit of £31 2s. 6&, in January, 1906, made up of cheques £29 10s. and £1 12s. 6d., and paying in slip for same, which I believe to be in de
<lb/>fendeat's handwriting.</p>
<p>Mr. Brandon submitted that there was no case to go to the Jury, as the evidence given by the prisoner could not have been material to the issues before the County Court, which was whether the defendant had means. and if he had admitted the payment it would not have shown that he had means. [Referred to Reg. v. Baker (1895, Queen's Bench, p. 797) (C.C.R.) and to Archbold, 1905 ed., p. 1050.]</p>
<p>The Recorder declined to stop the case, but stated that it was a somewhat nice point, and that he would, if It became necessary, reserve a case for the considera
<lb/>tion of the Court of Crown Cases Reserved.</p>
<xptr type="pageFacsimile" doc="190611190058"/>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-180" type="witnessName">
<interp inst="t19061119-name-180" type="gender" value="male"/>
<interp inst="t19061119-name-180" type="surname" value="BASHFORD"/>
<interp inst="t19061119-name-180" type="given" value="JOHN"/>JOHN BASHFORD</persName> </hi> (prisoner, on oath). I commenced life at 11 years of age as a bird minder, have been a carman's boy, butcher's boy, builder, and, ten years ago, became a horse dealer. I am now 51 years old. In 1901 I acquired stables at Whyteleafe for the purpose of keeping horses in until sold. I then found that under my lease I was bound to supply cabs in connection with the railway station. My business as horse dealer required me to be away travelling in all parts from one to five months at a time, and I put my son Charles in charge of the livery stable business and took no part myself in it. In 1904 I met a man named Hayward, who told me he had come from Canada and had had a fire, which had ruined him. He knew something of horses, and I employed him casually at first, and after a time he took complete management of the livery stable. He sent out accounts and receipts and endorsed cheques. When I was home he would ask me to endorse them. I have never put a pen to my books since I have been there. I have only been to a night school when I was 30 years old, and I cannot read writing unless it is very plain. I trusted Hayward and put every confidence in him. I had nothing to do with Greenwell's order. I knew the order had been given and went to see Mr. Godwin about it. I left England for France on December 31, 1904, taking some horses out, and returned on Sunday night, January 15, 1905. I only stopped at home half an hour, as I was going to Wales, whence I went to Paris, and was away about eight weeks. On January 15 Hayward put some documents in front or me to sign as I was going out of the yard, amongst which must have been this cheque. I never looked to see who it was from, but wrote my name on the back of it. I used to ask Hayward if he was sending out the accounts generally. I attended on a judgment sum
<lb/>mons at Lambeth County Court on May 17, 1906. I had no idea they were going to ask me about Greenwell's cheque. I had my pass-book with me, and found no entry in it of £29 10s. I honestly believed the amount was owing when I told the Judge so, and agreed to assign the debt to Tillings. I asked Mr. Kilner not to give notice of the assignment at once, and he gave me 10 days. I was told to assign something; I did not know what it was. I told the Judge I had made application for the money to Greenwell, relying on what Hayward had told me. In May, 1906, I discharged Hayward for drunkenness, and my son. who was a jockey in France, came to take ever the livery business. He made certain communications as to what Hayward had been doing with the money. On July 6 I saw Mr. Kilner. and stated I had not received the cheque or given receipt for £29 10s. He told me it had been paid. I was positive it had not because it was not in the passbook, or in any other book. It then occurred to me that Hayward might have taken, the money. On July 12 Mr. Kilner produced the cheque and receipt and I said</p>
<xptr type="pageFacsimile" doc="190611190059"/>
<p>I had not signed it. I said there was something wrong, and asked Mr. Kilner whether there was such a thing as my signature being transferred from one cheque to another. I then offered to pay £2 a month. It would have been a struggle to me to have done that. I have had 11 children, six of whom are now dependent upon me.</p>
<p>Cross-examined. I am speaking of my movements in 1904 and 1905 entirely from memory. I have no book here in which Green
<lb/>well's account would be entered. I sold my business on October 5, and burnt the two or three little books which there were, as they were of no use. In July, 1906, I told Kilner I did not know the exact amount, and would go and look at my books. Then I told him it was £29 10s. It was months afterwards I destroyed the books. In December, 1904, and January, 1905, I was carrying on a very small business. I do not buy horses—I go and find them and sell their on commission. I was paying £4 10s. a week wages at the stables. You are obliged to keep the men on in a big yard. Until Hayward came my son Charles looked after the business. He was a decorator. I had no testimonial with Hayward. He had nowhere to go to except the workhouse, and I gave him food. I allowed him to endorse my name on cheques and trusted him. After I discharged him I found he had gone away with one or two little accounts. He had been in the workhouse several months. I did not allow him to draw cheques. I gave my wife cheques signed in blank if I was going away, and there was money in the bank. I did not take the cheque in question to the bank myself. The paying
<lb/>In slip has "J. B." in my writing. I was in Wales on January 16, 1905. Looking at the slip with my glasses I should say it is my writing. I had the counterfoil book for the paying-in slips. They are burnt. I have no real recollection of burning it. The wife burnt it, I suppose. I know the books were burnt on October 6, 1906. I have not got a thing left now. As I went to attend the judgment summons, pawing my bank I got the pats-book to see what was in the bank, and I looked afterwards to see if the £29 10s. was in it. When I went to Wales on January 15, I stayed there two or three days, and then went straight to Paris with horses. Denman was my solicitor then. I had brought an action against Slaw in respect of an accident, in which Ticknor had been my solicitor. I may have been in London on January 17 and seen Den
<lb/>man about it. My wife may have paid Church £16 for rent on January 19 out of the £29 10s. She would attend to that. I see my pass book very seldom, as I do not understand it. I have sold my business, and two of my sons are now working in it for the man who bought it Hayward told me that the people had not come back; that they were on the Continent. I do not know where Hayward is. I have tried to find him all over the place to get the money he has had off me. He left me at the beginning of May. The wife told me, "You had better look after Hayward, he is on the drink." I could not find him in the yard. I found him rolling out of the "Whyteleafe Tavern." I said, "You know I do not like anybody about the place</p>
<xptr type="pageFacsimile" doc="190611190060"/>
<p>drinking. You had better pack up your traps and get out at once." That was half-past eight in the morning; that was the end of April or beginning of May—certainly before May 17—when I went before the County Court Judge. I never paid Hayward wages; he only came there for hit board and lodgings. I defended the action for £16 16s., because I could not pay.</p>
<p>Re-examined. I sold my business to Hewitt. I offered him all the books I had and he refused them—said he did not want the rubbish, and my son burnt them in the yard. I have made inquiries for Hay
<lb/>ward at the Kenley Police Station, at the "Rose and Crown," and at the "Whyteleafe Hotel." I recovered £63 in Shaw's action, and had a trouble to get £16 out of Denman. I have not received any costs yet although I paid the out-of-pockets for counsel's fees. I was hoping 10 pay Tilling out of that money. Church is my landlord, and my wife would fill up a blank cheque for the rent if there was money in the bank. [To the Jury.] I have not got a cheque endorsed by Hayward I was hard up on January 16. I was always hard up. The bank slip is in my writing. I could not have taken notice where the £29 10s. came from. I did not know how much the job came to for Greenwell.</p>
<p>Rev.
<hi rend="smallCaps">JOHN GLOSSOP</hi>, Vicar of St. Mark's, Battersea. Until January 1906, I was Vicar of Whvteleafe, near Warlingham, and have known prisoner for five years. He bore a good reputation in the neighbour
<lb/>hood. The children were at my Sunday School, and I used to call and see him and his wife occasionally. I had general knowledge of the family, and he has brought up his children very respectably.</p>
<p>Verdict,
<rs id="t19061119-42-verdict-1" type="verdictDescription">
<interp inst="t19061119-42-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19061119-42-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>; Thursday, November 22.</p>
<p>(Before the Common Serjeant.)</p>
<div1 type="trialAccount" id="t19061119-43">
<interp inst="t19061119-43" type="uri" value="sessionsPapers/19061119"/>
<interp inst="t19061119-43" type="date" value="19061119"/>
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<p>
<persName id="def1-43-19061119" type="defendantName">
<interp inst="def1-43-19061119" type="gender" value="male"/>
<interp inst="def1-43-19061119" type="age" value="40"/>
<interp inst="def1-43-19061119" type="surname" value="GOLDBLATT"/>
<interp inst="def1-43-19061119" type="given" value="HYMAN"/>
<interp inst="def1-43-19061119" type="occupation" value="boot manufacturer"/>
<hi rend="largeCaps">GOLDBLATT</hi>, Hyman (40, a Russian Jew, formerly carrying on business as a boot manufacturer)</persName>
<rs id="t19061119-43-offence-1" type="offenceDescription">
<interp inst="t19061119-43-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19061119-43-offence-1" type="offenceSubcategory" value="bankrupcy"/>; within four months next before the presentation of a bankruptcy petition against him, then being a trader, did dispose of otherwise than in the ordinary way of his trade certain of his property, to wit, certain goods value £91 17s. 6d.; making a transfer of certain of his property, to wit, bankers' cheques for £25 17s. 8d., £27 13s., £150, £118 3s. £122 13s. 6d. £15 9s., £120, £100, £18 8s. 4d., £26 2s. 11d., £75 5s. 4d., £8 8s. 6d., £8 18s. 9d., and £44 18s. respectively, a quantity of furniture and mate
<lb/>rials, one pony, one cart, one waggonette, and one set of harness, and one watch, one chain, and one ring; being a bankrupt not discovering to the trustee administering his estate all his property.</rs> </p>
<p>Mr. Graham Campbell and Mr. Eustace Fulton prosecuted; Mr. Purcell and Mr. Forrest Fulton defended.</p>
<p>The prosecution was instituted under Sections 11 and 13 of the Debtors Act, 1869, and the offences alleged were under two heads—</p>
<xptr type="pageFacsimile" doc="190611190061"/>
<p>first, prisoner's dealings with the 14 cheques enumerated which were in his possession between April 1 and 15, 1905, and secondly, his dealings with property in his possession in March of that year, all of which had gone beyond recall by May 19, the date of the re
<lb/>ceiving order. The case for the prosecution was that with a view to defrauding his creditors prisoner made a transfer of those cheques to a man named Max Fisher, who gave him open cheques in ex
<lb/>change, and also that he had not fully described to the Trustees in Bankruptcy how he dealt with the proceeds of those cheques, and had attempted to account for the proceeds by fictitious losses and expenses. Five of the cheques were fraudulently omitted from the cash account. On April 10 prisoner gave notice to one of his credi
<lb/>tors that he had suspended payment, that being the Act of Bank
<lb/>ruptcy upon which the petition was founded. On May 2 a creditors petition was filed; May 19 a receiving order was made; May 30 pri
<lb/>soner was adjudicated bankrupt; June 6, a statement of affairs was filed showing liabilities of £1,273 4s. 2d., and assets £21; June 8 Mr. Allen was appointed trustee. Prisoner came to England in 1896 and obtained employment as a clicker. In 1896 he commenced busi
<lb/>ness as a boot manufacturer in William Street, Whitechapel, after
<lb/>wards removing to St. George's Street, where he carried on business for 18 months. In 1898 he owed his creditors £300, in respect of which only £6 has been paid, and the business, so far as he was concerned, came to an end, but his wife carried on a similar business at the same address for about 12 months, her husband acting as her manager. From 67, St. George's Street, they then removed to 147, St. George's Street, where they remained four years, prisoner acting as manager at a salary of 25s. per week. In 1902 Mrs. Goldblatt failed, and Isaac Goldblatt, prisoner's brother, then took up the busi
<lb/>ness, which was carried on in Old Gravel Lane, St. George's-in-the-East, prisoner acting as manager at a salary of 22s. In June, 1904, by which time the old debts of 1898 had become statute-barred, pri
<lb/>soner acquired the business from Isaac, purchasing the goodwill, machinery, fixtures, fittings, and trade utensils for £25. According to prisoner's statement, there was a further payment of £189 for stock but this statement the prosecution did not accept. From June 24, 1904, to April, 1905, prisoner carried on business at 20, Cambridge Road, Mile End. On June 27, 1904, he opened a banking account at the St. George's-in-the-East branch of the Capital and Counties Bank with a payment of £100, which he had borrowed from Max Fisher. On June 28 there was a further payment in of £100 by cheque from Fisher. On June 30 a cheque for £159 3s. 6d. in favour of I Goldblatt was drawn, but the money returned to Fisher's ac
<lb/>count the next day, so that it is not dear that prisoner paid his brother anything beyond the £25. In March, 1905, prisoner formed the intention of realising all his assets and putting them out of the reach of his creditors. This resolution of the prisoner might have been accelerated by the failure in that month of the firm of Watson and Co., of Leicester, upon whom he had drawn bills for £260, which</p>
<xptr type="pageFacsimile" doc="190611190062"/>
<p>had been discounted by the Capital and Counties Bank, prisoner thus becoming liable for the bills. After March 25, 1905, prisoner ceased to pay money into his banking account. On March 29, as prisoner admitted in his public examination, he sold to one Margoulis for £91 certain materials for the manufacture of boots, bellys, and patent calf, which he had obtained on credit and not paid for. When asked why he wanted to sell these goods for cash, he said he wanted the money, as, if he was not mistaken, there were bills due which he had to meet. After that date there was no payment to any trade creditor. In order to carry on the family business, prisoners son, Samuel, a youth of 18, took premises at 453, Bethnal Green Road, where he carried on a similar business under the name of Samuel and Co., in partnership with Mrs. Dora Yellin, a relative of his mother's, and prisoner and Mrs. Goldblatt went to reside there, and were both employed in the business. On April 4 prisoner sold his furniture to a Mr. Ginsburg, of Brick Lane, for £39, and on the same day raised a loan of £30 from the Prudential Insurance Company on a life policy, receiving from them an open cheque for £18 8s. 4d., the balance of £11 11s. 8d. being in respects of premiums in arrear. On April 8, Ginsburg entered into a hire purchase agreement with Samuel Goldblatt, by which a considerable portion of the furniture sold by prisoner was returned. On April 10 a bill drawn by Messrs. Noble, and accepted by prisoner, for £44 4s. 8d., fell due, and on that day he informed them that, he could not meet his liabilities. On April 11 Samuel Goldblatt, through hit partner, Mrs. Dora Yellin, opened an account at the London and South-Western Blank with a payment of £200 in gold, Mrs. Yellin signing with a x. On April 12 prisoner sold to his ton a quantity of skins and calf-cuttings, together with a number of knives and lasts for £43 15s. 8 1/2 d., paid by cheque on the London and South-Western Bank. On April 12 prisoners' machinery was transferred to his son, Samuel, On April 13 prisoner sold to a Mr. Grizzard his pony and trap, which, how
<lb/>ever, found its way to the stables at the back of 453, Bethnal Green Road. Five cheques on the London and South-Western Bank were given by Fisher in exchange for the fourteen cheques in the indict
<lb/>ment, and though the average life of Bank of England notes, espe
<lb/>cially in the higher denominations, is short, more than a year after
<lb/>wards nearly £500 worth have not returned to the Bank of England, and the Public Prosecutor asks the Court to infer from that fact that at the date of the receiving order these notes were in the custody of the prisoner, and should have been handed over to the trustee, By May 16 prisoner had not quite realised everything, having still some jewellery left, which he had purchased of a Mr. Bromberg. This lie pawned with Layman and Co. for £60. It was redeemed on October 25, and repledged by a woman, whose Christian name was Dora, and who signed the agreement with the pawnbroker with a x. Prisoner's statement in his examination was that he had sold the ticket for the jewellery to a man named Soloman for £2 10s. Of the £21 of assets given in the statement of affairs the trustee had</p>
<xptr type="pageFacsimile" doc="190611190063"/>
<p>only been able to realise £5 13s. 1d., 13s. 1d. from a provident society, and £5 from the sale of the equity of redemption, of defen
<lb/>dant's life policy with the Prudential. The statement of affairs gave no information as to how prisoner had been dealing with the cheques. In his preliminary examination prisoner stated that when he stopped business in April he had £105 for sale of stock to Levy, £43 from his son for the sale of stock and implements, £80 book debts, £60 jewellery pledged, £30 from sale of furniture, and £15 from sale of horse and van—£323. The cash account furnished by prisoner on June 29, 1905, showed receipts between April 1 and May 19 of £784 5s. 10d., and payments during the same period of equal amount. Under the heading of repayment of loans were the following: Louis Robilosky, £120; Aaron Stroyer, £112; and Morris Koher, £82, at addresses in Russia, and stated to be relatives of prisoner or his wife, £310 was entered as having been lost in horse racing, but no particulars were given. An entry of £29 13s. 5d. for personal expenses exactly balanced the account. In the amended cash account filed on July 13 the receipts and payments were shown as £800 14s. 10d., and on the receipt side appeared a sum of £15 19s. not shown in the first account, and on the other side the payments went up to £15 19s., added to personal expenses. The trustees' solicitors, Messrs. Osborn and Osborn, wrote to Robilosky, Stroyer, and Koher at the addresses given by registered letter, but the letters were returned undelivered, and the prosecution accordingly asked the Court to infer that these three persons existed only in the bankrupt's imagination. In the second cash account two cheques for £150 and £118 do not appear, though they were in his possession on April 3, and handed to Mr. Fisher, but they appeared in a later account filed August 10, but were made to appear to have been suspended before April 1. Though in March, April, and May, 1905, prisoner had in his possession, stock, fittings, and implements, pony and trap, jewellery, and a life policy at the Prudential, and cheques representing some hundreds of pounds by May 19, the date of the receiving order, everything was gone, and at the time of his arrest all he had in his possession was 15s., his assets being returned in the statement of affairs as nil.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-182" type="witnessName">
<interp inst="t19061119-name-182" type="gender" value="male"/>
<interp inst="t19061119-name-182" type="surname" value="MILNES"/>
<interp inst="t19061119-name-182" type="given" value="PAUL SPENCER"/>PAUL SPENCER MILNES</persName> </hi>, messenger of the Bankruptcy Court, pro
<lb/>duced the file in the bankruptcy. The petition was presented by George Denton, trading as H. Noble and Co. The statement of affairs filed June 6 showed liabilities of £1,273 4s. 2d., and assets £21 Os. 7d., leaving a deficiency of £1,252 3s. 7d. The trustee was Mr. Frederick William Allen, 7 and 8, Railway Approach, London Bridge. The public examination was adjourned from June 29 to July 20 and November 3.</p>
<p>Cross-examined. Cash accounts were filed on April 1, and May 19, I find in the account on April 7: "J. Hilton. Goods sold, £100." And on April 14: "J. Hilton. Goods sold, £75 5s. 4d." April 13: "J. Hoskins, £8 18s. 9d." April 4: "Levy Brothers. Goods, £122 13s. 6d." April 7: "Levy Brothers. Goods, £26 2s. 11d."</p>
<xptr type="pageFacsimile" doc="190611190064"/>
<p>The Common Serjeant: Does that show whether it is goods sold and money received, or merely goods sold for which money would be due?</p>
<p>Mr. Purcell. The defendant's case is it was money received.</p>
<p>Cross-examination continued. There is an amended cash account of July 13. I find there March 17, J. and C. Smith, goods £58 3s. 9d." April 4, "Carter, goods, £15 19s." A further cash account was filed on August 10. I find there on March 31, "Levy Brothers, goods. £150, among the receipts. The total receipts shown are £1,949 6s. 4d. March 24, "Hilton and Sons, goods. £118 3s."</p>
<p>Re-examined. In the account filed on June 29 the receipts and payments amount to £784 5s. 10d. In that account I do not find on the receipt side any cheque for £15 19s. On the payment side I find the personal expenses were £29 13s. 5d. In the second cash account filed July 13, from April 1 to May 13 the receipts and pay
<lb/>ments are £800 4s. 10d. I find the Carter cheque for £15 19s. on the receipt side, and on the payment side the personal expenses are up to £45 12s. 5d. In that account I do not find on the payment side the cheques for £150 and £118 3s. The third cash account covers a period from March 1 to April 1. There for the first time we get the two cheques of £150 and £118 3s.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-183" type="witnessName">
<interp inst="t19061119-name-183" type="gender" value="male"/>
<interp inst="t19061119-name-183" type="surname" value="CARR"/>
<interp inst="t19061119-name-183" type="given" value="JOHN WILLIAM"/>JOHN WILLIAM CARR</persName> </hi>, 272, Hackney Road, London, manager to Noble and Co., leather merchants. Noble and Co. are creditors in the bankruptcy for £672 1s. 7d. We had been supplying the debtor with goods for about nine months down to about March 24 last. He used to pay first of all by cheque and afterwards by acceptance. There was an acceptance of £100 falling due on April 3. Prisoner came to see me two days before the bill matured and said he was unable to meet toe bill, which was due on the following Monday, and asked if my firm would let him have the money to take it up, as unless he had he money to meet it he could not meet the whole of his engagements falling due the week following. I consented to do that, and on Monday, April 3, went with him to the Capital and Counties Bank and paid the £100 down. And the bill for £44 4s. 6d. was due a week later, which bat never been met On April 10 I went to prisoner's premises and asked him if this bill had been pro
<lb/>vided for. He said, "No," and further that he had already called at our premises. I asked him what for. He said he had been to con
<lb/>sult a solicitor about his affairs, and had been told he had better see his largest creditor. I asked him what he owed, and he said about £900. I asked him what he had got, and he said he had got nothing, and what was more, if something was not soon done the landlord would clear what there was for rent. He said also it was impossible to go on; be could not do any good. About too months Later I saw prisoner in the Bethnal Green Road, where similar business was being carried on in the name of Samuel and Co.</p>
<p>Cross-examined. In the period from June, 1904, to March,1905, we were paid £453 by prisoner.</p>
<xptr type="pageFacsimile" doc="190611190065"/>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-184" type="witnessName">
<interp inst="t19061119-name-184" type="gender" value="male"/>
<interp inst="t19061119-name-184" type="surname" value="TOLHURST"/>
<interp inst="t19061119-name-184" type="given" value="WILLIAM GEORGE"/>WILLIAM GEORGE TOLHURST</persName> </hi>. inspector to Levy Brothers, West Hartlepool. Levy Brothers sell boots amongst other things at the Civil Service Stores, and for some time have been dealing with pri
<lb/>soner. On March 31 they sent him a cheque for £150. It is en
<lb/>dorsed "J. Goldblatt." I also produce a cheque dated April 4 for £122 13s. 6d. to the order of J. Goldblatt, and endorsed "J. Gold
<lb/>blatt"; also a cheque dated April 27 for £26 2s. 11d. to the order of J. Goldblatt, and endorsed by him. All these cheques have been said by our bankers to the Stepney branch of the London and South-Western Bank. [This statement applies to all the cheques.]</p>
<p>To Mr. Purcell. The cheques were for manufactured goods paid for at the usual price.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-185" type="witnessName">
<interp inst="t19061119-name-185" type="gender" value="male"/>
<interp inst="t19061119-name-185" type="surname" value="WITSON"/>
<interp inst="t19061119-name-185" type="given" value="GEORGE WILLIAM"/>GEORGE WILLIAM WITSON</persName> </hi>. I am cashier to S. Hilton and Sons, Leicester, boot and shoe manufacturers. The prisoner was one of those who supplied us with goods. The cheque (produced), dated March 24, 1905, to J. Goldblatt, bearing the endorsement J. Gold
<lb/>blatt, was paid by our bankers on April 5 to the Stepney branch of the London and South-Western Bank. On April 7, 1905, we sent him a cheque of £100 on Lloyds Bank. It was endorsed by him, and paid on April 12 as before. On April 14 we sent him a cheque for £75 5s. 4d., which was endorsed and paid. Our firm have also had dealings with Samuel and Co., carrying on business in the Bethnal Green Road as boot and shoe manufacturers.</p>
<p>To Mr. Purcell. The cheques were for manufactured goods bought and sold at the usual price.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-186" type="witnessName">
<interp inst="t19061119-name-186" type="gender" value="male"/>
<interp inst="t19061119-name-186" type="surname" value="HOSKINS"/>
<interp inst="t19061119-name-186" type="given" value="WILLIAM"/>WILLIAM HOSKINS</persName> </hi>, I am manager to my father, who is a bobt factor at Leicester. Prisoner used to supply my father, with goods On April 13 we sent him a cheque for £8 18s. 9d., which was endorsed and paid to the Stepney branch of the London, and of Bank in payment of goods supplied. We also deal with the firm of Samuel and Co., boot manufacturers, 453, Bethnal Green Road. Mrs. Goldblatt used to travel for prisoner, and also for Samuel and Co.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-187" type="witnessName">
<interp inst="t19061119-name-187" type="gender" value="male"/>
<interp inst="t19061119-name-187" type="surname" value="BEAVEN"/>
<interp inst="t19061119-name-187" type="given" value="GEORGE, ALFRED JOHN"/>GEORGE, ALFRED JOHN BEAVEN</persName> </hi>, clerk to John Carter and Sons, Limited, leather merchants and shoe factors, Kingsland Road. On April 4, 1905, prisoner supplied us with goods to the value of £15 19s. On April 4 a cheque on the London City and Midland Bank for that amount was sent to him. It was endorsed and paid.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-188" type="witnessName">
<interp inst="t19061119-name-188" type="gender" value="male"/>
<interp inst="t19061119-name-188" type="surname" value="CHOLLERTON"/>
<interp inst="t19061119-name-188" type="given" value="JOSEPH"/>JOSEPH CHOLLERTON</persName> </hi>, boot factor, Derby. On March 31 I sent pri
<lb/>soner a cheque for £27 13s. in payment of goods. It was endorsed by him and paid. I also sent a cheque on April 12 for £8 8s. 6d. drawn to his order, which has been endorsed by him and paid. Mrs. Goldblatt used to travel for prisoner.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-189" type="witnessName">
<interp inst="t19061119-name-189" type="gender" value="male"/>
<interp inst="t19061119-name-189" type="surname" value="SMITH"/>
<interp inst="t19061119-name-189" type="given" value="EDMUND CHARNLEY"/>EDMUND CHARNLEY SMITH</persName> </hi>, director of J. E. Smith, limited, boot and shoe factors, Manchester. The company is in a considerable way of business, and prisoner used to supply us with shoes. On April 7 I sent him a cheque for £120, drawn to his order. It has been en
<lb/>dorsed by him, and was paid to the Stepney branch of the London</p>
<xptr type="pageFacsimile" doc="190611190066"/>
<p>and South-Western Bank. It was in part payment for goods supplied between March 25 and April 4. I also produce a cheque for £44 18s. drawn to the order of J. Goldblatt, endorsed by him, and paid on April 18, being the balance of his account. We overpaid him 2s. 1d. We purchase goods of Samuel and Co. The transactions with them appear to be on the same scale as we had with the prisoner. Mrs. Goldblatt travelled for prisoner, and also for Samuel and Co. The overpayment of 2s. 1d. was transferred to the account of Samuel and Co. and allowed on the settlement.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-190" type="witnessName">
<interp inst="t19061119-name-190" type="gender" value="male"/>
<interp inst="t19061119-name-190" type="surname" value="NICKSON"/>
<interp inst="t19061119-name-190" type="given" value="EDWARD"/>EDWARD NICKSON</persName> </hi>, secretary to John Tyler and Sons, Leicester, boot factors. We have been getting boots from the prisoner for some time. On March 31, 1905, we forwarded him the cheque for £25 17s. 8d. (produced) in payment of goods supplied. It was endorsed by him and paid at Stepney. A lady used to travel for him—I think Mrs. Gold
<lb/>blatt.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-191" type="witnessName">
<interp inst="t19061119-name-191" type="gender" value="male"/>
<interp inst="t19061119-name-191" type="surname" value="CRAIG"/>
<interp inst="t19061119-name-191" type="given" value="WALTER EUSTACE"/>WALTER EUSTACE CRAIG</persName> </hi>. chief clerk to the Prudential Assurance Company, Holborn. Prisoner had a life policy for £400, taken out in 1902, upon which in April, 1905, he applied for a loan. The quar
<lb/>terly premiums were £5 12s. 4d. In April, 1905, the premiums were in arrear. I agreed to lend him £30 subject to the payment of the premiums on his own policy and that of his wife, amounting to £11 11s. 8d.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-192" type="witnessName">
<interp inst="t19061119-name-192" type="gender" value="male"/>
<interp inst="t19061119-name-192" type="surname" value="BAZLEY"/>
<interp inst="t19061119-name-192" type="given" value="THOMAS SAUNDERS"/>THOMAS SAUNDERS BAZLEY</persName> </hi>, superintendent of the Prudential, proved handing to prisoner a cheque for £18 8s. 4d.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-193" type="witnessName">
<interp inst="t19061119-name-193" type="gender" value="male"/>
<interp inst="t19061119-name-193" type="surname" value="GOLDSTEIN"/>
<interp inst="t19061119-name-193" type="given" value="MAURICE"/>MAURICE GOLDSTEIN</persName> </hi>, leather merchant, Brick lane. I am a cre
<lb/>ditor in the bankruptcy for £27 9s. 5d., in respect of goods bought by prisoner on March 21. 1905. He paid by bill, which fell due on April 24. Previously I went round to see him, and asked if he would like to take advantage of the extra discount, and he said he was not ready, but when the bill became due he would pay it. Some cases of goods were then being taken away from his factory. They were directed to Margoulis, in Fashion Street. He said they were empty cases, and they often obliged each other by exchanging cases. I know the business of Samuel and Co., in Bethnal Green Road. I have had, I think, one transaction with them. I have seen prisoner there working. The bill was never met.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-194" type="witnessName">
<interp inst="t19061119-name-194" type="gender" value="male"/>
<interp inst="t19061119-name-194" type="surname" value="KNOX"/>
<interp inst="t19061119-name-194" type="given" value="ISAAC CHARLES"/>ISAAC CHARLES KNOX</persName> </hi>, clerk to Messrs. Osborn and Osborn, pro
<lb/>duced three registered letters dated July 24,1905, addressed to Louis Rubiloskv, Aaron Stroyer, and Morris Koher, at addresses in Russia, supplied by prisoner, which came back without having been delivered marked in French, "Retour Inconnu" with some endorsement in Russian.</p>
<p>Mr. Purcell read a letter from Mr. Jonas, the bankrupt's solicitor, to Messrs. Osborn and Osborn, solicitors for the trustee, explaining certain omissions from the cash account and offering to give any fur
<lb/>ther information required.</p>
<p>(Friday, November 23.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-195" type="witnessName">
<interp inst="t19061119-name-195" type="gender" value="male"/>
<interp inst="t19061119-name-195" type="surname" value="POOLE"/>
<interp inst="t19061119-name-195" type="given" value="JAMES LEE"/>JAMES LEE POOLE</persName> </hi>, cashier, Stepney branch of the London and South-Western Bank. In April, 1905, Mr. Max Fisher had an ac
<lb/>count</p>
<xptr type="pageFacsimile" doc="190611190067"/>
<p>at our Bank. Cheques were drawn in the man of Max Fisher and Co. I produce a certified extract showing credits received on his account between April 1 and April 15, 1905. On April 1 cheques were paid in amounting to £53 10s. 8d.; April 3, £268 3s.; April 5, £138 12s. 6d., on each of those days no cash at all was paid out; April 100, four cheques amounting to £264 11s. 3d.; April 15, four cheques amounting to £137 10s. 7d. Mr. Fisher's place of business in Commercial Road is two or three minutes walk from our place He is engaged in the leather business. I produce a cheque dated April 19, for £137 10s. 7d., drawn on Fisher's account to the order of I. Goldblatt. It was originally a close cheque, but was made open by the words, "Please pay cash," being written across it. That cheque was cashed over the counter on April 19. I produce a certified ex
<lb/>tract from the cashier's paying-book showing the numbers of the notes given in exchange for that cheque. One was a £100 note num
<lb/>bered 61770, dated February 18, 1904, Samuel and Co. opened an account at our bank on April 11, 1905, by the payment in of £200 in gold. I produce the extract from the cashier's receiving book showing that Mr. Fisher was the introducer of the account and brought both Samuel Goldblatt and Dora Yellin to the bank. The account remained, open until November of the same year.</p>
<p>Cross-examined. Fisher's account was purely a receiving account, and his practice was to draw large cheques in his own favour on the Union of London and Smiths Bank, Fenhurch Street. Fisher had an account with the Union and with; the Capital and Counties. Pri
<lb/>soner had nothing to do wife the opening of Samuel's account.</p>
<p>
<hi rend="smallCaps">
<persName id="t19061119-name-196" type="witnessName">
<interp inst="t19061119-name-196" type="gender" value="male"/>
<interp inst="t19061119-name-196" type="surname" value="ROGERS"/>
<interp inst="t19061119-name-196" type="given" value="FRANK ELSTON"/>FRANK ELSTON ROGERS</persName> </hi>, cashier, Capital and Counties Bank, Com
<lb/>mercial Road. Prisoner had an account which was opened on June 27, 1904, by the payment in of £100. I produce a certified copy of that account which remained open till June 30, 1905. Prisoner was Introduced by Max Fisher. On June 28, 1904, a further sum of £100 was paid. Both cheques for £100 were drawn on the Union of London and Smiths Bank. On June 30 a cheque was drawn in favour of Goldblatt for £159 3s. 8d. The cheque was presented by the London and South-Western Bank. My bank is a creditor in the bankruptcy, but I cannot say exactly for what amount. They hold three bills drawn by prisoner, and accepted by Watson and Co., Leicester. The first is for £100, dated December 3, 1904, and due April 6, 1905, Prisoner discounted that bill with the bank on December 9, 1904, The second bill is for £85 1s. 4d. due April 20, 1905, and was dis
<lb/>counted on December 21. The third bill is for £94 Is. 5d., dated January 21,1905, and was due May 24, four months after date. That was discounted, on January 23. The bills were presented when due and dishonoured. We received a dividend in the bankruptcy of Wat
<lb/>son and Co., but I cannot tell now much. Prisoner is liable on the balance. After March 25, 1905, the only payments into the account are £100 on April 3 and £16 on April 28. That was paid in to meet an overdraft of £16, and just balanced the account. The account stood like that until October 16, when the balance of £1 15s. 2d. was</p>
<xptr type="pageFacsimile" doc="190611190068"/>
<p>placed to past due bills. There was also 5s. which he paid for a copy of the account. At the police court I was shown certain cheques which had never been paid into our bank.</p>
<p>Cross-examined. When the bank manager heard that watson's were failing they refused Goldblatt an overdraft, and he was not allowed to draw against crossed cheques until they were cleared. The manager sent for Goldblatt and told him that unless he made arrange
<lb/>ments to take up those bills of Watson's they would not be able to grant him any accommodation at all, would not discount any more bills nor allow him an overdraft. It would therefore be of no use for him if he wanted money to pay in crossed cheques. To my know
<lb/>ledge there were several interviews in the manager's room about this time between prisoner and the manager.</p>
<p>Re-examined. The total of the bills was £259 2s. 9d. I should not have paid against London cheques before they were cleared with out reference to the manager. I do not know the working of the Clearing House. It is possible to ascertain by telephone if a cheque may be paid against.</p>
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