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<p>1908, NOVEMBER.</p>
<p>Vol. CL.] Part 889.</p>
<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>TRUSCOTT, MAYOR.</p>
<p>FIRST SESSION,</p>
<p>HELD NOV. 10TH, 1908, AND FOLLOWING DAYS.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORTHAND BY</p>
<p>GEORGE WALPOLE,</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>GEO. WALPOLE, 1, NEW COURT, LINCOLN'S INN, W.C.</p>
<xptr type="pageFacsimile" doc="190811100002"/>
<p>PRINTED BY</p>
<p>THE ARGUS PRINTING COMPANY, LIMITED,</p>
<p>CORNER OF TUDOR STREET AND TEMPLE AVENUE,</p>
<p>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 Tuesday, November 10th, 1908, and following days.</p>
<p>Before the Right Hon. Sir
<hi rend="largeCaps">
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<interp inst="t19081110-name-1" type="gender" value="male"/>
<interp inst="t19081110-name-1" type="surname" value="TRUSCOTT"/>
<interp inst="t19081110-name-1" type="given" value="GEORGE WYATT"/>GEORGE WYATT TRUSCOTT</persName> </hi>, Knight, Alderman,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; the Right Hon
<hi rend="smallCaps">LORD ALVERSTONE</hi>, G.C.M.G. (Lord Chief Justice of England); the Hon. Sir
<hi rend="smallCaps">
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<interp inst="t19081110-name-2" type="gender" value="male"/>
<interp inst="t19081110-name-2" type="surname" value="BIGHAM"/>
<interp inst="t19081110-name-2" type="given" value="JOHN CHARLES"/>JOHN CHARLES BIGHAM</persName> </hi>, Kt., Justice of His Majesty's High Court; Sir
<persName id="t19081110-name-3" type="judiciaryName">
<interp inst="t19081110-name-3" type="gender" value="male"/>
<interp inst="t19081110-name-3" type="surname" value="WILKIN"/>
<interp inst="t19081110-name-3" type="given" value="WALTER"/>
<hi rend="smallCaps">WALTER H. WILKIN</hi> </persName>, K.C.M.G.; Sir
<persName id="t19081110-name-4" type="judiciaryName">
<interp inst="t19081110-name-4" type="gender" value="male"/>
<interp inst="t19081110-name-4" type="surname" value="TRELOAR"/>
<interp inst="t19081110-name-4" type="given" value="WILLIAM PURDIE"/>
<hi rend="smallCaps">WILLIAM PURDIE TRELOAR</hi> </persName>, Bart., Sir
<hi rend="smallCaps">
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<interp inst="t19081110-name-5" type="gender" value="male"/>
<interp inst="t19081110-name-5" type="surname" value="SAMUEL"/>
<interp inst="t19081110-name-5" type="given" value="MARCUS"/>MARCUS SAMUEL</persName> </hi>, Bart., Sir
<hi rend="smallCaps">
<persName id="t19081110-name-6" type="judiciaryName">
<interp inst="t19081110-name-6" type="gender" value="male"/>
<interp inst="t19081110-name-6" type="surname" value="WAKEFIELD"/>
<interp inst="t19081110-name-6" type="given" value="CHARLES"/>CHAS. WAKEFIELD</persName> </hi>, Sir
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<interp inst="t19081110-name-7" type="gender" value="male"/>
<interp inst="t19081110-name-7" type="surname" value="CROSBY"/>
<interp inst="t19081110-name-7" type="given" value="THOMAS"/>THOMAS B. CROSBY</persName>, F. HOWSE</hi> Esq., Aldermen of the said City; Sir
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<interp inst="t19081110-name-8" type="gender" value="male"/>
<interp inst="t19081110-name-8" type="surname" value="FULTON"/>
<interp inst="t19081110-name-8" type="given" value="FORREST"/>FORREST FULTON</persName> </hi>, Knight, K.C., Recorder of the said City; Sir
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<interp inst="t19081110-name-9" type="gender" value="male"/>
<interp inst="t19081110-name-9" type="surname" value="BOSANQUET"/>
<interp inst="t19081110-name-9" type="given" value="FREDERICK ALBERT"/>FK. ALBERT BOSANQUET</persName> </hi> K.C., Common Serjeant of the said City; and His Honour Judge
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<interp inst="t19081110-name-10" type="gender" value="male"/>
<interp inst="t19081110-name-10" type="surname" value="SMITH"/>
<interp inst="t19081110-name-10" type="given" value="LUMLEY"/>LUMLEY SMITH</persName> </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>
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<interp inst="t19081110-name-11" type="gender" value="male"/>
<interp inst="t19081110-name-11" type="surname" value="HANSON"/>
<interp inst="t19081110-name-11" type="given" value="FRANCIS STANHOPE"/>FRANCIS STANHOPE HANSON</persName> </hi>, Esq., Alderman</p>
<p>
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<persName id="t19081110-name-12" type="judiciaryName">
<interp inst="t19081110-name-12" type="gender" value="male"/>
<interp inst="t19081110-name-12" type="surname" value="BADDELEY"/>
<interp inst="t19081110-name-12" type="given" value="JOHN JAMES"/>JOHN JAMES BADDELEY</persName> </hi>, Esq., Deputy</p>
<p>
<hi rend="italic">Sheriffs</hi>.</p>
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<p>1908.</p>
<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi> </p>
<p>
<hi rend="largeCaps">TRUSCOTT, MAYOR. FIRST SESSION</hi>.</p>
<p>
<hi rend="smallCaps">BEFORE THE</hi>
<hi rend="largeCaps">RECORDER</hi>.</p>
<p>(Tuesday, November 10.)</p> </div1>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p>
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<hi rend="largeCaps">ZAINS</hi>, Morris (46, tobacconist)</persName>
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<interp inst="t19081110-1-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19081110-1-offence-1" type="offenceSubcategory" value="fraud"/>, having received the sum of £250 for and on account of
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<interp inst="t19081110-name-14" type="gender" value="female"/>
<interp inst="t19081110-name-14" type="surname" value="KASHMAN"/>
<interp inst="t19081110-name-14" type="given" value="ROSIE"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-1-offence-1 t19081110-name-14"/>Rosie Kashman</persName>, fraudulently converting the same to his own use; being the bailee of £250, fraudulently taking and converting the same to his own use.</rs> </p>
<p>Mr. George Elliott, for the prosecution, stated that the prisoner had received from Mrs. Kashman, the sum of £250 in consideration of standing bail for her son, Marks Kashman, who had duly surren
<lb/>dered; that he had invested the money under the impression that he was expected so to do; the matter had been before the Chief Rabbi, and it had been arranged that, on the prosecution being withdrawn, the sum would be handed over. He proposed to offer no evidence.</p>
<p>The Recorder said that he should like to be satisfied that the prose
<lb/>cutrix had received her money.</p>
<p>On Wednesday, November 11, prisoner was again brought up. No evidence was offered for the prosecution, and a verdict of
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<interp inst="t19081110-1-verdict-1" type="verdictSubcategory" value="noEvidence"/>Not guilty</rs> was entered.</p> </div1>
<p>
<persName id="t19081110-name-15">
<interp inst="t19081110-name-15" type="gender" value="female"/>
<interp inst="t19081110-name-15" type="age" value="27"/>
<interp inst="t19081110-name-15" type="surname" value="HOMEWOOD"/>
<interp inst="t19081110-name-15" type="given" value="DOROTHY"/>
<interp inst="t19081110-name-15" type="occupation" value="bookkeeper"/>
<hi rend="largeCaps">HOMEWOOD</hi>, Dorothy (27, bookkeeper)</persName>, who on October 22, 1908 (see preceding volume, page 804), pleaded guilty of forging a banker's cheque for the sum of £250 and attempting to obtain from
<persName id="t19081110-name-16" type="victimName">
<interp inst="t19081110-name-16" type="gender" value="male"/>
<interp inst="t19081110-name-16" type="surname" value="SMITH"/>
<interp inst="t19081110-name-16" type="given" value="SAMUEL"/>Samuel Smith</persName> by false pretences certain articles of jewellery, value £250, with intent to defraud, again came up for judgment.</p>
<p>The Recorder said it was a very serious case, and he would not be justified in yet releasing prisoner. Judgment was further respited to next Sessions.</p>
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<hi rend="largeCaps">ANDREWS</hi>, George (43, clerk)</persName>
<rs id="t19081110-3-verdict-1" type="verdictDescription">
<interp inst="t19081110-3-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-3-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
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<interp inst="t19081110-3-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19081110-3-offence-1" type="offenceSubcategory" value="fraud"/>, of feloniously and with intent to defraud, demanding and obtaining from
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<interp inst="t19081110-name-18" type="surname" value="KEALL"/>
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<join result="offenceVictim" targOrder="Y" targets="t19081110-3-offence-1 t19081110-name-18"/>Mary Keall</persName> the sum of £1 by virtue of a certain forged and altered instrument—to wit, a Post Office Savings Bank deposit book, knowing the same to be forged and altered.</rs> </p>
<p>Mr. Forster Boulton, M.P., prosecuted.</p>
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<p>Prisoner confessed to having been convicted at this Court on Feb
<lb/>ruary 25, 1901, receiving six months in second division for stealing a Post Office Bank book and forging a receipt for £12 10s. He was stated to have committed a number of similar frauds.</p>
<p>Sentence,
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<interp inst="t19081110-3-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-3-punishment-1" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-3-19081110 t19081110-3-punishment-1"/>18 months' hard labour</rs>.</p> </div1>
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<hi rend="largeCaps">MORRIS</hi>, Thomas (21, clerk)</persName>
<rs id="t19081110-4-verdict-1" type="verdictDescription">
<interp inst="t19081110-4-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-4-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
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<interp inst="t19081110-4-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19081110-4-offence-1" type="offenceSubcategory" value="fraud"/>,of feloniously, with intent to defraud, demanding and obtaining certain moneys—to wit, the sums of £1 and 19s., by means of certain forged and altered in
<lb/>struments—to wit, two Post Office Savings Bank deposit books, know
<lb/>ing the same to be forged.</rs> </p>
<p>Mr. Forster Boulton, M.P., prosecuted.</p>
<p>Prisoner was stated to have been eight years, up to May 4, 1907, in one employment in Dublin, and to have left of his own accord. There were 40 cases against him of fraud on the Post Office—18 in Dublin and 22 in England, he having obtained £15 in a fortnight.</p>
<p>Sentence,
<rs id="t19081110-4-punishment-2" type="punishmentDescription">
<interp inst="t19081110-4-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-4-punishment-2" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-19081110 t19081110-4-punishment-2"/>18 months' hard labour</rs>.</p> </div1>
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<persName id="def1-5-19081110" type="defendantName">
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<interp inst="def1-5-19081110" type="age" value="18"/>
<interp inst="def1-5-19081110" type="surname" value="SOLLORS"/>
<interp inst="def1-5-19081110" type="given" value="ERNEST WILLIAM"/>
<interp inst="def1-5-19081110" type="occupation" value="postman"/>
<hi rend="largeCaps">SOLLORS</hi>, Ernest William (18, postman)</persName>
<rs id="t19081110-5-verdict-1" type="verdictDescription">
<interp inst="t19081110-5-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
<rs id="t19081110-5-offence-1" type="offenceDescription">
<interp inst="t19081110-5-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19081110-5-offence-1" type="offenceSubcategory" value="mail"/>,of steal
<lb/>ing a postal packet, containing one silver fruit knife, the property of the
<persName id="t19081110-name-21" type="victimName">
<interp inst="t19081110-name-21" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-5-offence-1 t19081110-name-21"/>Postmaster-General</persName>, he being employed under the Post Office.</rs> </p>
<p>Mr. Forster Boulton, M.P., prosecuted.</p>
<p>Sentence,
<rs id="t19081110-5-punishment-3" type="punishmentDescription">
<interp inst="t19081110-5-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-5-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-5-19081110 t19081110-5-punishment-3"/>Nine months' hard labour</rs>.</p> </div1>
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<p>
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<interp inst="def1-6-19081110" type="age" value="47"/>
<interp inst="def1-6-19081110" type="surname" value="BASSEY"/>
<interp inst="def1-6-19081110" type="given" value="CHARLES ALBERT"/>
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<hi rend="largeCaps">BASSEY</hi>, Charles Albert (47, postman)</persName>, and
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<interp inst="def2-6-19081110" type="gender" value="male"/>
<interp inst="def2-6-19081110" type="age" value="50"/>
<interp inst="def2-6-19081110" type="surname" value="BASSEY"/>
<interp inst="def2-6-19081110" type="given" value="HENRY BURGOYNE"/>
<interp inst="def2-6-19081110" type="occupation" value="labourer"/>
<hi rend="largeCaps">BASSEY</hi>, Henry Burgoyne(50, labourer)</persName>; Charles Albert Bassey,
<rs id="t19081110-6-offence-1" type="offenceDescription">
<interp inst="t19081110-6-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19081110-6-offence-1" type="offenceSubcategory" value="mail"/> stealing on
<rs id="t19081110-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-6-offence-1 t19081110-cd-1"/>October 12, 1908</rs>, a post-letter containing a valuable security—to wit, a postal order for 5s., and on
<rs id="t19081110-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-6-offence-1 t19081110-cd-2"/>October 2, 1908</rs>, a post letter containing a valu
<lb/>able security—to wit, a postal order for 8s., the property in each case of the
<persName id="t19081110-name-24" type="victimName">
<interp inst="t19081110-name-24" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-6-offence-1 t19081110-name-24"/>Postmaster-General</persName>, he being employed under the Post Office;</rs> >Henry Burgoyne Bassey,
<rs id="t19081110-6-offence-2" type="offenceDescription">
<interp inst="t19081110-6-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19081110-6-offence-2" type="offenceSubcategory" value="receiving"/>receiving the said postal orders for 5s. and 8s. respectively, the property of the
<persName id="t19081110-name-25" type="victimName">
<interp inst="t19081110-name-25" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-6-offence-2 t19081110-name-25"/>Postmaster-General</persName>, well knowing them to have been stolen.</rs> </p>
<p>Both prisoners
<rs id="t19081110-6-verdict-1" type="verdictDescription">
<interp inst="t19081110-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-6-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>.</p>
<p>Mr. Forster Boulton, M.P., prosecuted.</p>
<p>Henry B. Bassey confessed to having been convicted on May 9, 1900, at South London, receiving nine months' hard labour, for steal
<lb/>ing a railway lunch basket. He had also had five years' penal servi
<lb/>tude for stealing letters on February 5, 1892. The two prisoners (brothers) were said to have stolen £55 in two years, there being 90 cases.</p>
<p>Sentence. C. A. Bassey,
<rs id="t19081110-6-punishment-4" type="punishmentDescription">
<interp inst="t19081110-6-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-6-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19081110 t19081110-6-punishment-4"/>Nine months' hard labour</rs>; H. B. Bassey,
<rs id="t19081110-6-punishment-5" type="punishmentDescription">
<interp inst="t19081110-6-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-6-punishment-5" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-6-19081110 t19081110-6-punishment-5"/>18 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-7">
<interp inst="t19081110-7" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-7" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-7-charge-1" targOrder="Y" targets="def1-7-19081110 t19081110-7-offence-1 t19081110-7-verdict-1"/>
<p>
<persName id="def1-7-19081110" type="defendantName">
<interp inst="def1-7-19081110" type="gender" value="male"/>
<interp inst="def1-7-19081110" type="age" value="38"/>
<interp inst="def1-7-19081110" type="surname" value="CLARKE"/>
<interp inst="def1-7-19081110" type="given" value="ARTHUR"/>
<interp inst="def1-7-19081110" type="occupation" value="ship steward"/>
<hi rend="largeCaps">CLARKE</hi>, Arthur (38, ship steward)</persName>
<rs id="t19081110-7-verdict-1" type="verdictDescription">
<interp inst="t19081110-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-7-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
<rs id="t19081110-7-offence-1" type="offenceDescription">
<interp inst="t19081110-7-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19081110-7-offence-1" type="offenceSubcategory" value="fraud"/>, of feloniously altering and uttering, knowing the same to be altered, two orders for the payment of money—to wit, two British Post Office money orders for the payment of £1 each, with intent to defraud.</rs> </p>
<p>Mr. Forster Boulton, M.P., prosecuted.</p>
<xptr type="pageFacsimile" doc="190811100007"/>
<p>Prisoner confessed to having been convicted at this Court on June 25, 1906, receiving 20 months' hard labour for warehouse stealing; four summary convictions at Glasgow for larceny were proved.</p>
<p>Sentence,
<rs id="t19081110-7-punishment-6" type="punishmentDescription">
<interp inst="t19081110-7-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-7-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-19081110 t19081110-7-punishment-6"/>18 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-8">
<interp inst="t19081110-8" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-8" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-8-charge-1" targOrder="Y" targets="def1-8-19081110 t19081110-8-offence-1 t19081110-8-verdict-1"/>
<p>
<persName id="def1-8-19081110" type="defendantName">
<interp inst="def1-8-19081110" type="gender" value="male"/>
<interp inst="def1-8-19081110" type="age" value="32"/>
<interp inst="def1-8-19081110" type="surname" value="SKINNER"/>
<interp inst="def1-8-19081110" type="given" value="WILLIAM BRADSHAW"/>
<interp inst="def1-8-19081110" type="occupation" value="actor"/>
<hi rend="largeCaps">SKINNER</hi>, William Bradshaw (32, actor)</persName>
<rs id="t19081110-8-verdict-1" type="verdictDescription">
<interp inst="t19081110-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-8-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
<rs id="t19081110-8-offence-1" type="offenceDescription">
<interp inst="t19081110-8-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19081110-8-offence-1" type="offenceSubcategory" value="bigamy"/>, of felo
<lb/>niously marrying
<persName id="t19081110-name-28" type="victimName">
<interp inst="t19081110-name-28" type="gender" value="female"/>
<interp inst="t19081110-name-28" type="surname" value="WILLOWS"/>
<interp inst="t19081110-name-28" type="given" value="AUDREY"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-8-offence-1 t19081110-name-28"/>Audrey Willows</persName>, his wife being then alive.</rs> </p>
<p>Mr. Curtis Bennett prosecuted. Mr. Eustace Fulton appeared for prisoner.</p>
<p>Sentence,
<rs id="t19081110-8-punishment-7" type="punishmentDescription">
<interp inst="t19081110-8-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-8-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19081110 t19081110-8-punishment-7"/>Two months' imprisonment</rs>, second division.</p> </div1>
<div1 type="trialAccount" id="t19081110-9">
<interp inst="t19081110-9" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-9" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-9-charge-1" targOrder="Y" targets="def1-9-19081110 t19081110-9-offence-1 t19081110-9-verdict-1"/>
<p>
<persName id="def1-9-19081110" type="defendantName">
<interp inst="def1-9-19081110" type="gender" value="male"/>
<interp inst="def1-9-19081110" type="age" value="30"/>
<interp inst="def1-9-19081110" type="surname" value="BILL"/>
<interp inst="def1-9-19081110" type="given" value="HARRY"/>
<interp inst="def1-9-19081110" type="occupation" value="carman"/>
<hi rend="largeCaps">BILL</hi>, Harry (30, carman)</persName>
<rs id="t19081110-9-offence-1" type="offenceDescription">
<interp inst="t19081110-9-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19081110-9-offence-1" type="offenceSubcategory" value="simpleLarceny"/>; stealing one parcel, containing two suits of clothes, the goods of the
<persName id="t19081110-name-30" type="victimName">
<interp inst="t19081110-name-30" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-9-offence-1 t19081110-name-30"/>Great Eastern Railway Company</persName>.</rs> </p>
<p>Mr. J.P. Grain prosecuted; Mr. Curtis Bennett defended.</p>
<p>Prisoner was tried on October 23, 1908 (see preceding volume, page 853), when the Jury disagreed and were discharged. He was now tried on similar evidence from the same witnesses.</p>
<p>(Wednesday, November 11.)</p>
<p>Verdict,
<rs id="t19081110-9-verdict-1" type="verdictDescription">
<interp inst="t19081110-9-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-9-verdict-1" type="verdictSubcategory" value="withRecommendation"/>Guilty. The Jury said they were of opinion that sufficient supervision was not exercised by the servants of the railway com
<lb/>pany in receiving the parcels, and they recommended prisoner to mercy.</rs> </p>
<p>Prisoner had had a good character previously.</p>
<p>Sentence,
<rs id="t19081110-9-punishment-8" type="punishmentDescription">
<interp inst="t19081110-9-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-9-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-19081110 t19081110-9-punishment-8"/>Six months' imprisonment, second division.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE THE</hi>
<hi rend="largeCaps">COMMON SERJEANT</hi>.</p>
<p>(Tuesday, November 10.)</p> </div1>
<div1 type="trialAccount" id="t19081110-10">
<interp inst="t19081110-10" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-10" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-10-charge-1" targOrder="Y" targets="def1-10-19081110 t19081110-10-offence-1 t19081110-10-verdict-1"/>
<join result="criminalCharge" id="t19081110-10-charge-2" targOrder="Y" targets="def2-10-19081110 t19081110-10-offence-1 t19081110-10-verdict-1"/>
<p>
<persName id="def1-10-19081110" type="defendantName">
<interp inst="def1-10-19081110" type="gender" value="female"/>
<interp inst="def1-10-19081110" type="age" value="40"/>
<interp inst="def1-10-19081110" type="surname" value="GILKES"/>
<interp inst="def1-10-19081110" type="given" value="ELIZABETH"/>
<interp inst="def1-10-19081110" type="occupation" value="charwoman"/>
<hi rend="largeCaps">GILKES</hi>, Elizabeth (40, charwoman)</persName>, and
<persName id="def2-10-19081110" type="defendantName">
<interp inst="def2-10-19081110" type="gender" value="female"/>
<interp inst="def2-10-19081110" type="age" value="33"/>
<interp inst="def2-10-19081110" type="surname" value="SULLIVAN"/>
<interp inst="def2-10-19081110" type="given" value="ANNIE"/>
<interp inst="def2-10-19081110" type="occupation" value="servant"/>
<hi rend="largeCaps">SULLIVAN</hi>, Annie (33, servant)</persName>
<rs id="t19081110-10-offence-1" type="offenceDescription">
<interp inst="t19081110-10-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19081110-10-offence-1" type="offenceSubcategory" value="coiningOffences"/>; both uttering counterfeit coin, twice on same day, well knowing the same to be counterfeit.</rs> </p>
<p>Mr. Wilkinson prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-33" type="witnessName">
<interp inst="t19081110-name-33" type="gender" value="male"/>
<interp inst="t19081110-name-33" type="surname" value="BALCOMBE"/>
<interp inst="t19081110-name-33" type="given" value="ARTHUR"/>ARTHUR BALCOMBE</persName> </hi>, barman at the "Star" public-house, High Street, Borough. On October 20 I was serving in the bar. Prisoners came in just before two and Sullivan called for two glasses of ale, costing 2d. She put down half a crown in payment. I examined it and thought it was bad. I called Mr. Shaffer, who examined the half-crown in prisoners' presence and pronounced it a bad one. He gave it back to me. I put it on the counter, when Gilkes snatched it from me. Prisoners then went out of the house without paying for the ale, saying they had no more money. The coin produced is the one tendered in payment by Sullivan.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-34" type="witnessName">
<interp inst="t19081110-name-34" type="gender" value="male"/>
<interp inst="t19081110-name-34" type="surname" value="SHAFFER"/>
<interp inst="t19081110-name-34" type="given" value="HERBERT"/>HERBERT SHAFFER</persName> </hi>, landlord of the "Star," gave corroborative evi
<lb/>dence. Sullivan said she did not know the coin was bad. Within four or five minutes after they had left he saw them coming out of</p>
<xptr type="pageFacsimile" doc="190811100008"/>
<p>Scammell's baker shop. He subsequently followed them to the "Red Lion" and was present when prisoners were taken into custody. Gilkes snatched the coin from the counter when it was put down by last witness.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-35" type="witnessName">
<interp inst="t19081110-name-35" type="gender" value="female"/>
<interp inst="t19081110-name-35" type="surname" value="SCAMMELL"/>
<interp inst="t19081110-name-35" type="given" value="EDITH"/>EDITH SCAMMELL</persName> </hi>, 242, High Street, Borough. I was in my father's shop on the afternoon of October 20. Prisoner Sullivan came in at about quarter past three and asked for a twopenny loaf, with which I served her. In payment she tendered half a crown. I examined the coin and told her it was a bad one, and she said she would take it back to the place where she got it from. She took the coin and left the shop and shortly afterwards returned with the other pri
<lb/>soner, who she said was with her when she took the bad half-crown, and to this Gilkes assented. Sullivan took the coin with her. I identify the coin now produced.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-36" type="witnessName">
<interp inst="t19081110-name-36" type="gender" value="male"/>
<interp inst="t19081110-name-36" type="surname" value="BURROUGHES"/>
<interp inst="t19081110-name-36" type="given" value="BENJAMIN"/>BENJAMIN BURROUGHES</persName> </hi>. I am landlord of the "Red Lion," High Street, Borough. There are several bars. On the afternoon of Octo
<lb/>ber 20 I was in the front bar. Prisoners came in about two or quarter-past and called for two glasses of ale, coating 2d. I served them. One of them put down the counterfeit half-crown produced. Before I had time to examine it in walked a constable, followed by the witness Shaffer, and prisoners were taken into custody.</p>
<p>
<persName id="t19081110-name-37" type="witnessName">
<interp inst="t19081110-name-37" type="gender" value="male"/>
<interp inst="t19081110-name-37" type="surname" value="HOBSON"/>
<interp inst="t19081110-name-37" type="given" value="JOHN"/>
<interp inst="t19081110-name-37" type="occupation" value="police cosntable"/>Police-constable
<hi rend="smallCaps">JOHN HOBSON</hi> </persName>, 235 M. On October 20, in the afternoon, I was on duty in High Street, Borough. In consequence of a communication made to me by Shaffer I went to the "Red Lion" public-house, where I saw both prisoners. I had followed them in. I heard Mr. Burroughes say it was a bad coin. Neither of the women said anything in answer to that. I told them I should take them to the station on a charge of uttering. Gilkes said, "She (Sul
<lb/>livan) asked me to have a drink." Sullivan said, "This is my coin." When the charge was read over to them at the station Gilkes made no reply. Sullivan said, "It would have been a great loss to me. Would not you have done the same?" Both gave the same address at 99, Mint Street, Borough.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-38" type="witnessName">
<interp inst="t19081110-name-38" type="gender" value="female"/>
<interp inst="t19081110-name-38" type="surname" value="KING"/>
<interp inst="t19081110-name-38" type="given" value="MARY ANN"/>MARY ANN KING</persName> </hi>, matron at the Borough Police Station, proved searching prisoners. Sullivan had on her 2 1/4 d. wrapped in a piece of newspaper in a pocket underneath her dress. Nothing at all was found on Gilkes. The money on Sullivan was easily accessible if she had wanted to produce it.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-39" type="witnessName">
<interp inst="t19081110-name-39" type="gender" value="male"/>
<interp inst="t19081110-name-39" type="surname" value="BRAITHWAITE"/>
<interp inst="t19081110-name-39" type="given" value="CHARLES WILLIAM"/>CHARLES WILLIAM BRAITHWAITE</persName> </hi>, deputy of the lodging house, 99, Mint Street, Borough, identified prisoner Gilkes as a lodger who last slept at the house on October 19, but had no knowledge of the other prisoner.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-40" type="witnessName">
<interp inst="t19081110-name-40" type="gender" value="male"/>
<interp inst="t19081110-name-40" type="surname" value="WEBSTER"/>
<interp inst="t19081110-name-40" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>, officer of the Mint, said that the counter
<lb/>feit half-crown which had been produced was fairly well made.</p>
<p>Gilkes, called upon for her defence, said that Sullivan up to Octo
<lb/>ber 20 was a perfect stranger. Sullivan expressed sorrow for having tried to utter the coin.</p>
<p>Verdict, Both
<rs id="t19081110-10-verdict-1" type="verdictDescription">
<interp inst="t19081110-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-10-verdict-1" type="verdictSubcategory" value="no_subcategory"/>guilty</rs>.</p>
<xptr type="pageFacsimile" doc="190811100009"/>
<p>
<persName id="t19081110-name-41" type="witnessName">
<interp inst="t19081110-name-41" type="gender" value="male"/>
<interp inst="t19081110-name-41" type="surname" value="CRONK"/>
<interp inst="t19081110-name-41" type="given" value="WALTER"/>
<interp inst="t19081110-name-41" type="occupation" value="detective sergeant"/>Detective-sergeant
<hi rend="smallCaps">WALTER CRONK</hi> </persName> said that he had made inquiries about Gilkes, who refused to give any account of herself and could obtain no information about her. Sullivan gave a false address.</p>
<p>Sentences. Gilkes,
<rs id="t19081110-10-punishment-9" type="punishmentDescription">
<interp inst="t19081110-10-punishment-9" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19081110-10-punishment-9" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-10-19081110 t19081110-10-punishment-9"/>released on her own recognisances in £10</rs>; Sullivan,
<rs id="t19081110-10-punishment-10" type="punishmentDescription">
<interp inst="t19081110-10-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-10-punishment-10" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-10-19081110 t19081110-10-punishment-10"/>two months' hard labour.</rs> </p> </div1>
<div1 type="trialAccount" id="t19081110-11">
<interp inst="t19081110-11" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-11" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-11-charge-1" targOrder="Y" targets="def1-11-19081110 t19081110-11-offence-1 t19081110-11-verdict-1"/>
<join result="criminalCharge" id="t19081110-11-charge-2" targOrder="Y" targets="def2-11-19081110 t19081110-11-offence-1 t19081110-11-verdict-1"/>
<p>
<persName id="def1-11-19081110" type="defendantName">
<interp inst="def1-11-19081110" type="gender" value="male"/>
<interp inst="def1-11-19081110" type="age" value="58"/>
<interp inst="def1-11-19081110" type="surname" value="CARSON"/>
<interp inst="def1-11-19081110" type="given" value="EDWARD"/>
<interp inst="def1-11-19081110" type="occupation" value="labourer"/>
<hi rend="largeCaps">CARSON</hi>, Edward (58, labourer)</persName>, and
<persName id="def2-11-19081110" type="defendantName">
<interp inst="def2-11-19081110" type="gender" value="male"/>
<interp inst="def2-11-19081110" type="age" value="43"/>
<interp inst="def2-11-19081110" type="surname" value="KING"/>
<interp inst="def2-11-19081110" type="given" value="HENRY"/>
<interp inst="def2-11-19081110" type="occupation" value="dealer"/>
<hi rend="largeCaps">KING</hi>, Henry (43, dealer)</persName>
<rs id="t19081110-11-offence-1" type="offenceDescription">
<interp inst="t19081110-11-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19081110-11-offence-1" type="offenceSubcategory" value="coiningOffences"/>; both having in their possession 10 counterfeit half-crowns, with in
<lb/>tent to uttter the same.</rs> </p>
<p>Mr. Sands prosecuted; Mr. MacDonald defended King.</p>
<p>
<persName id="t19081110-name-44" type="witnessName">
<interp inst="t19081110-name-44" type="gender" value="male"/>
<interp inst="t19081110-name-44" type="surname" value="CUNNINGHAM"/>
<interp inst="t19081110-name-44" type="given" value="JAMES"/>
<interp inst="t19081110-name-44" type="occupation" value="detective sergeant"/>Detective Sergeant
<hi rend="smallCaps">JAMES CUNNINGHAM</hi> </persName>, G Division. On October 14 I was in Penton Street, a turning off the Pentonville Road, at a quarter-past nine, in company with Sergeant Garrard. I saw pri
<lb/>soners walking towards White Lion Street, into which they turned. King crossed the road and looked into the "Lord Wolsey" public-house. King then walked towards High Street, Islington, followed by Carson on the other side of the road. Some distance down White Lion Street, their conduct being suspicious, I crossed towards them and as I did so I saw Carson pass something to prisoner King. I caught hold of King and said, "I am a police officer. What are you loitering about here for?" Carson could hear all I said. King re
<lb/>plied, "We are respectable men; we live at Bow and I am a plum
<lb/>ber." I feld round the outside of his pockets and found in his left-hand jacket pocket a small packet. I was about to examine it when he dashed away from me. I heard something fall to the ground and Garrard said it was a counterfeit coin. I think it fell from Carson. I ran after King down White Lion Street, calling out, "Stop thief." He crossed High Street going towards Essex Road. When I got up to him being exhausted, I knocked him down with my stick. I then told him I should take him into custody as a suspected person. He said, "All right; I am done." I took him to the King's Cross Road Police Station, where in the packet I have already described I found ten counterfeit half-crowns, dated 1907, separately wrapped in pieces of paper. I found on King a further packet containing two counterfeit half-crowns of a similar descrip
<lb/>tion wrapped in cloth. When charged he said, "All right. He (Carson) knows nothing about it. I picked the whole of the stuff up, the socks as well." I found some socks on him in a parcel. Carson made no reply. I also found on King an incandescent burner and a parcel containing grapes, and 10s. good money three 2s. pieces, and four shillings. I did not search Carson.</p>
<p>To prisoner Carson. I did not see King pick up anything in White lion Street. I did not seize him and say, "What is that you have got?"</p>
<p>To Mr. MacDonald. We happened to be in the district that night inquiring about another matter and these two men were suspicious. I did not like the look of them. I thought they were wrong ones. We followed them for the purpose of detecting and preventing crime. Sergeant Garrard joined me when I stopped the prisoners. King crossed White Lion Street to Carson and Garrard and I came up</p>
<xptr type="pageFacsimile" doc="190811100010"/>
<p>to them practically together. Garrard had followed them closely. I do not know what it was that prisoner Carson passed to King. I grabbed at King's pocket because I thought he might have some stolen property about him. I will swear that neither prisoner picked up anything from the street. I am allowed by the regulations to use my stick to stop a prisoner. King said, "I picked the stuff up in Pearl Street."</p>
<p>Re-examined. It was a very clear night.</p>
<p>Detective-sergeant
<hi rend="smallCaps">GARRARD</hi>, E Division, gave corroborative evi
<lb/>dence. At the corner of Suffolk Street King caught Carson up and said, "Shoot; there's a 'split' over there." A "split" is a detec
<lb/>tive. They then went on about 50 yards further down White Lion Street, when King shouted to Carson, "Stop; he has got us set. We can easily 'bluff' him all right." They then stopped and Sergeant Cunningham came across the road and spoke to them as described. While he was speaking to them Carson dropped the counterfeit half-crown (produced) on the pavement from his right hand. Witness picked it up and said, "This is counterfeit." King immediately ran away followed by Sergeant Cunningham, and witness told Carson he should take him into custody for being in possession of this coin. He said, "All right, we are done. He is a fool to run away. We are done. It is no use trying to get away from you people." In a few minutes Sergeant Cunningham returned with the other prisoner and prisoners were taken to the station. Nothing else was found on Carson.</p>
<p>Cross-examined. It may have been 15 minutes from the time we left the station till we saw these men. We thought it suspicious when King went and looked in the public-house. I did not hear King say after Cunningham had caught hold of him that he had found the counterfeit money on the ground and the socks as well, but he said so the next morning before the magistrate. I could not have seen if anything had passed between Carson and King, as there were people between me and them, but Cunningham could have seen if anything was passed.</p>
<p>Mr. MacDonald said it was proposed to put in evidence of a similar occurrence which took place on April 16, and objected that it had nothing to do with this charge. In respect of that matter Carson was examined at the police court and discharged.</p>
<p>The Common Serjeant held that the evidence was admissible, as it went to show that the two men were working together.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-45" type="witnessName">
<interp inst="t19081110-name-45" type="gender" value="male"/>
<interp inst="t19081110-name-45" type="surname" value="STEWART"/>
<interp inst="t19081110-name-45" type="given" value="CHARLES"/>CHARLES STEWART</persName> </hi>. I now rent the billiard-room at the "Green Gate," and on April 16 I was manager of the "Crown" public-house, Curtain Road, Shoreditch. I remember prisoner Carson coming into the house that night about 12.15 a.m., accompanied by another man. They had two drinks and the second payment was made by Carson with a counterfeit crown piece.</p>
<p>
<persName id="t19081110-name-46" type="witnessName">
<interp inst="t19081110-name-46" type="gender" value="male"/>
<interp inst="t19081110-name-46" type="surname" value="TURNER"/>
<interp inst="t19081110-name-46" type="given" value="ROBERT"/>
<interp inst="t19081110-name-46" type="occupation" value="police sergeant"/>Sergeant
<hi rend="smallCaps">ROBERT TURNER</hi> </persName>, 21 G Division. On April 16 I was called to the "Crown" public-house, where I saw the last witness and the two prisoners. I am positive they are the men I saw. I was shown the counterfeit crown piece produced, which Stewart said had been tendered by Carson in payment of refreshment. I asked</p>
<xptr type="pageFacsimile" doc="190811100011"/>
<p>Carson where he got it and if he had any more like it. He replied, "What do you mean?" I said, "Well, I am going to search you to see if you have any more." I went outside with the two men. King ran away after having volunteered to go to the station. I took Carson to the station. I did not subsequently arrest King because Carson was discharged by the magistrate on the ground of the evidence being insufficient. I am certain, though it is six months afterwards, that King is the man.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-47" type="witnessName">
<interp inst="t19081110-name-47" type="gender" value="male"/>
<interp inst="t19081110-name-47" type="surname" value="WIBSTER"/>
<interp inst="t19081110-name-47" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WIBSTER</persName> </hi>, of the Mint, stated that all the half-crowns were counterfeit and from the same mould, and fairly good specimens. The 5s. piece was also counterfeit.</p>
<p>Cross-examined. The coins are very good imitations, but the ring is not the same as that of silver coins.</p>
<p>Re-examined. Genuine coins are never wrapped up separately in pieces of paper. That is the modus operandi of the coiner.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-48" type="witnessName">
<interp inst="t19081110-name-48" type="gender" value="male"/>
<interp inst="t19081110-name-48" type="surname" value="KING"/>
<interp inst="t19081110-name-48" type="given" value="HENRY"/>HENRY KING</persName> </hi> (prisoner, on oath). On the evening of October 14 I met Carson at the corner of White Lion Street I asked him to come and have a drink. He said, "Come down to the bottom," meaning towards Islington. There is a public-house at the corner of White Lion Street. Going down the street, about the middle, I picked up a packet of these base coins. I opened the packet and showed one to Carson and asked him whether it was good or bad. He said, "I think they are bad." I then put them into my pocket and said, "What shall I do with them?" Then the sergeant rushed over and said, "What have you got there?" and seized hold of my pocket, lifting up his fist as if he were going to strike me. I then ran away. He called out, "Stop thief," and two men tried to stop me. When he got up to me he hit my hat twice with his stick, cutting my head and bursing my hat open. It is not true, as stated by Cunningham, that when arrested I said, "All right; I am done." I did say, "Car
<lb/>son knows nothing about it. I picked them up." I picked the parcel up in the street not ten yards from where I was arrested. I did not say anything about having found the socks. I did not say as Gar
<lb/>rard has said, "It is no good; he has got us set. We can easily bluff' him all right." I made use of no such words. I did not say to Carson, as Sergeant Garrard swears I did, "Shoot, there is a 'split' over there," or anything of that kind. I remember the inci
<lb/>dent of the coin-faking. It dropped out of my pocket when I was seized by the sergeant and was never in Carson's possession. It is not true that Carson passed anything to me after crossing the street. I should think the police must have seen me pick the parcel up.</p>
<p>Cross-examined. I did not know Sergeant Cunningham. I had never seen him before I was taken into custody. I was with Carson I should say about 10 minutes before I was arrested. This is a quiet street end I should think there were not more than three or four people about that night. I did not notice that somebody was keeping very close to me and somebody very close to Carson. The first I saw was</p>
<xptr type="pageFacsimile" doc="190811100012"/>
<p>when Carson crossed the road to us. After I had had a drink I was going to meet a young lady I go out with. I did look into the "Lord Wolsey" public-house. The bar was not full. A parcel of coins like that I picked up would not take up a lot of room. There was no traffic in the street and I should say that anybody watching me must have seen me pick the coins up. The parcel was lying in the gutter.</p>
<p>Re-examined. I do not know whether the other prisoner saw me pick the parcel up, but I know I did do so. I told him I had picked it up, and asked him if the coins were good, and he said he thought they were bad. I had known Carson about a fortnight. It is not true that I was with Carson in the "Crown" public-house on April 16. I am innocent of that charge.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-49" type="witnessName">
<interp inst="t19081110-name-49" type="gender" value="male"/>
<interp inst="t19081110-name-49" type="surname" value="CARSON"/>
<interp inst="t19081110-name-49" type="given" value="EDWARD"/>EDWARD CARSON</persName> </hi> (prisoner, on oath). I was walking down White Lion Street on October 14 along with King—King happened to be a little bit in front of me. I saw him pick up something. He stopped to see what it was, me in his company, and he was pounced on by the police directly he tore the bundle open. Cunningham asked him what he had got there.</p>
<p>Cross-examined. After the parcel was picked up that is all that happened.</p>
<p>Carson, in a subsequent address to the jury, explained his posses
<lb/>sion of the bad coin by saying that he probably took it at the Clothes Exchange, where he was engaged in buying and selling gentlemen's cast-off clothes, and did not notice it in the bustle and excitement.</p>
<p>Verdict, Both
<rs id="t19081110-11-verdict-1" type="verdictDescription">
<interp inst="t19081110-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-11-verdict-1" type="verdictSubcategory" value="no_subcategory"/>guilty</rs>.</p>
<p>The criminal career of Carson commenced in 1892 and that of King in 1877</p>
<p>Sentence: Each,
<rs id="t19081110-11-punishment-11" type="punishmentDescription">
<interp inst="t19081110-11-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-11-punishment-11" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-19081110 t19081110-11-punishment-11"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-11-19081110 t19081110-11-punishment-11"/>Four years' penal servitude.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE MR</hi>.
<hi rend="largeCaps">JUSTICE BIGHAM</hi>.</p>
<p>(Wednesday, November 11.)</p> </div1>
<div1 type="trialAccount" id="t19081110-12">
<interp inst="t19081110-12" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-12" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-12-charge-1" targOrder="Y" targets="def1-12-19081110 t19081110-12-offence-1 t19081110-12-verdict-1"/>
<p>
<persName id="def1-12-19081110" type="defendantName">
<interp inst="def1-12-19081110" type="gender" value="male"/>
<interp inst="def1-12-19081110" type="age" value="27"/>
<interp inst="def1-12-19081110" type="surname" value="STEVENS"/>
<interp inst="def1-12-19081110" type="given" value="GARDINER FRANK BUCKLAND"/>
<interp inst="def1-12-19081110" type="occupation" value="solicitor"/>
<hi rend="largeCaps">STEVENS</hi>, Gardiner Frank Buckland (27, solicitor)</persName>
<rs id="t19081110-12-verdict-1" type="verdictDescription">
<interp inst="t19081110-12-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-12-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
<rs id="t19081110-12-offence-1" type="offenceDescription">
<interp inst="t19081110-12-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19081110-12-offence-1" type="offenceSubcategory" value="fraud"/>, of having been entrusted with certain property—to wit, on
<rs id="t19081110-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-12-offence-1 t19081110-cd-3"/> August 12, 1907</rs>, with the sum of £532 18s. 4d. in money, on
<rs id="t19081110-cd-4" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-12-offence-1 t19081110-cd-4"/>August 14, 1907</rs>, a banker's cheque for £37 5s., on
<rs id="t19081110-cd-5" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-12-offence-1 t19081110-cd-5"/>November 13, 1907</rs>, a banker's cheque for £900, on March 16. 1908, a banker's cheque for £943 12s. 6d., and on
<rs id="t19081110-cd-6" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-12-offence-1 t19081110-cd-6"/>May 30, 1908</rs>, a banker's cheque for £621 8s., in order that he might deliver the said property to other persons, did unlawfully and fraudulently convert the said money and the several bankers' cheques to his own use and benefit; feloniously forging and uttering an endorsement on the said cheque for £621 18 s., and forg
<lb/>ing and uttering an acquittance and receipt for that sum.</rs> </p>
<p>Mr. Bodkin, Mr. Travers Humphreys, and Mr. H.D. Harben pro
<lb/>secuted; Mr. George Elliott defended.</p>
<xptr type="pageFacsimile" doc="190811100013"/>
<p>Prisoner's downfall was attributed to his having become involved in gambling transactions.</p>
<p>Mr.
<persName id="t19081110-name-51" type="witnessName">
<interp inst="t19081110-name-51" type="gender" value="male"/>
<interp inst="t19081110-name-51" type="surname" value="FORBES"/>
<interp inst="t19081110-name-51" type="given" value="ALLAN MACKINNON"/>
<interp inst="t19081110-name-51" type="occupation" value="coroner for East Middlesex"/>
<hi rend="smallCaps">ALLEN MACKINNON M. FORBES</hi> </persName>, Coroner for East Middlesex, and Mr.
<persName id="t19081110-name-52" type="witnessName">
<interp inst="t19081110-name-52" type="gender" value="male"/>
<interp inst="t19081110-name-52" type="surname" value="BABER"/>
<interp inst="t19081110-name-52" type="given" value="ALFRED"/>
<hi rend="smallCaps">ALFRED BABER</hi> </persName>, merchant, Queen Victoria Street, spoke to prisoner's general good character.</p>
<p>Sentence,
<rs id="t19081110-12-punishment-12" type="punishmentDescription">
<interp inst="t19081110-12-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-12-punishment-12" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-12-19081110 t19081110-12-punishment-12"/>Five years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-13">
<interp inst="t19081110-13" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-13" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-13-charge-1" targOrder="Y" targets="def1-13-19081110 t19081110-13-offence-1 t19081110-13-verdict-1"/>
<join result="criminalCharge" id="t19081110-13-charge-2" targOrder="Y" targets="def1-13-19081110 t19081110-13-offence-2 t19081110-13-verdict-2"/>
<p>
<persName id="def1-13-19081110" type="defendantName">
<interp inst="def1-13-19081110" type="gender" value="female"/>
<interp inst="def1-13-19081110" type="age" value="34"/>
<interp inst="def1-13-19081110" type="surname" value="SINGYARD"/>
<interp inst="def1-13-19081110" type="given" value="ROSE"/>
<interp inst="def1-13-19081110" type="occupation" value="charwoman"/>
<hi rend="largeCaps">SINGYARD</hi>, Rose (34, charwoman)</persName>
<rs id="t19081110-13-verdict-1" type="verdictDescription">
<interp inst="t19081110-13-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-13-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
<rs id="t19081110-13-offence-1" type="offenceDescription">
<interp inst="t19081110-13-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19081110-13-offence-1" type="offenceSubcategory" value="concealingABirth"/>, of unlawfully endeavouring to conceal the birth of a female child born of her body.</rs> </p>
<p>Mr. Bodkin, Mr. Leycester, and Mr. Eustece Fulton prosecuted; Mr. A.J. Lawrie (at the request of the Court) appeared for prisoner.</p>
<p>Sentence,
<rs id="t19081110-13-punishment-13" type="punishmentDescription">
<interp inst="t19081110-13-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-13-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-13-19081110 t19081110-13-punishment-13"/>12 months' hard labour</rs>.</p>
<p>
<rs id="t19081110-13-offence-2" type="offenceDescription">
<interp inst="t19081110-13-offence-2" type="offenceCategory" value="kill"/>
<interp inst="t19081110-13-offence-2" type="offenceSubcategory" value="infanticide"/>On the Coroner's inquisition, charging wilful murder of the child</rs>, no evidence was offered (there being no satisfactory evidence of sepa
<lb/>rate existence), and a verdict of
<rs id="t19081110-13-verdict-2" type="verdictDescription">
<interp inst="t19081110-13-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19081110-13-verdict-2" type="verdictSubcategory" value="noEvidence"/>Not guilty</rs> was entered.</p> </div1>
<div1 type="trialAccount" id="t19081110-14">
<interp inst="t19081110-14" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-14" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-14-charge-1" targOrder="Y" targets="def1-14-19081110 t19081110-14-offence-1 t19081110-14-verdict-1"/>
<p>
<persName id="def1-14-19081110" type="defendantName">
<interp inst="def1-14-19081110" type="gender" value="female"/>
<interp inst="def1-14-19081110" type="age" value="21"/>
<interp inst="def1-14-19081110" type="surname" value="HARDING"/>
<interp inst="def1-14-19081110" type="given" value="ETHEL"/>
<interp inst="def1-14-19081110" type="occupation" value="servant parlourmaid"/>
<hi rend="largeCaps">HARDING</hi>, Ethel (21, servant)</persName>
<rs id="t19081110-14-offence-1" type="offenceDescription">
<interp inst="t19081110-14-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19081110-14-offence-1" type="offenceSubcategory" value="infanticide"/>; wilful murder of a female child born of her body and not named.</rs> </p>
<p>Mr. Forrest Fulton prosecuted; Mr. Herman Cohen (at the re
<lb/>quest of the Court) defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-55" type="witnessName">
<interp inst="t19081110-name-55" type="gender" value="female"/>
<interp inst="t19081110-name-55" type="surname" value="TATTERSALL"/>
<interp inst="t19081110-name-55" type="given" value="ADA"/>ADA TATTERSALL</persName> </hi>. I live with my aunt, Mrs. Worth, at 26, Stan
<lb/>ford Road, Kensington. From April to October prisoner was em
<lb/>ployed there as parlourmaid. About the end of September my suspi
<lb/>cions were aroused at to her physical condition, and I asked her to see a doctor; she said she would do so when her aunt came home. On September 25 I insisted that she should see our own doctor; the next day prisoner gave a month's notice to leave. On the morning of October 2 I noticed that she had not come downstairs, and I called for her; she came down about eight. I then had a conversation with the cook. About nine I saw prisoner in the kitchen; she looked very ill. I induced her to go upstairs to bed and I went for a doctor. Before doing so I went to her room, where I saw a utensil full of blood; the water in the wash-basin was bloodstained and a towel and some clothing were stained also. I saw prisoner after the doctor had examined her. She said, "The doctor says I am going to have a baby and says I must go to the infirmary; instead of that I will go to my mother." A short time afterwards she went with the cook in a cab to the infirmary; the tin box and black wooden box produced went with her. After her departure I again went to her bedroom, and found a sheet saturated with blood rolled up and put under the bolster; there was blood on the carpet end bloodstained things about the room.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-56" type="witnessName">
<interp inst="t19081110-name-56" type="gender" value="female"/>
<interp inst="t19081110-name-56" type="surname" value="EARWAKER"/>
<interp inst="t19081110-name-56" type="given" value="ELEANOR"/>ELEANOR EARWAKER</persName> </hi>. I was cook at Mrs. Worth's, where prisoner was parlourmaid; we slept in the same bedroom, in different beds. In August she began to complain of indigestion and sickness. On the night of October 1 I noticed that she had got out of bed in the middle of the night. I asked her what she was doing, and she said she was going to. the lavatory; she left the room. I went to sleep again and did not hear her return. About quarter to seven next morning the called out to me from her bed that it was time to get</p>
<xptr type="pageFacsimile" doc="190811100014"/>
<p>up. On getting up I noticed that the chamber utensil was covered over with a towel. Just before eight she came down to the kitchen. She said, "Would I take up the tea to the mistress, as she was very poorly." She was standing by the kitchen table, and I noticed there was blood on the floor. At 20 past eight I saw her in the bedroom; she was washing herself. She said she was in an awful state. I noticed that the bedclothes were bloodstained. She said she had had some pains and had taken salts to make her better. Later in the morning, after the doctor had seen her, I went to her by Miss Tatter
<lb/>sall's directions, and said she was to get up and dress, and I would pack her boxes, and she was to go home. She started packing her tin box and a black wooden box which I lent her (as a box of hers was under repair). When I went to help her pack the tin box was almost full; I put a few small things on the top; I locked that box and also the black box and prisoner took the keys. Finally, I went with prisoner and the boxes in a cab to the Relieving Officer and then to the infirmary.</p>
<p>Cross-examined. I had no suspicion until the end that anything was wrong with the prisoner. She frequently spoke to me about her parents in Gloucestershire. On the day she went into the infirmary I wrote to her mother telling her of the circumstances, going by what prisoner had told me that morning. I told the mother that the doctor said he thought prisoner was about four months' gone; I was then under the belief that the child was still to come.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-57" type="witnessName">
<interp inst="t19081110-name-57" type="gender" value="male"/>
<interp inst="t19081110-name-57" type="surname" value="EWART"/>
<interp inst="t19081110-name-57" type="given" value="CHARLES"/>CHARLES EWART</persName> </hi>, M.D., 58, Queen's Gate Terrace. On October 2, about 9.30 a.m., I saw prisoner in her bedroom at 26, Stanford Road and examined her, externally only, and came to the conclusion that she was about four months in pregnancy. I told her she was in the family way. She said she knew nothing of it. I said, "To be in this condition you must know about it." She said, "If he has done it to me I did not know about it." I suggested that she should go to the infirmary, as she could not be properly treated in the house. She replied that she wanted to go to her home in Gloucestershire. I said she was not in a fit condition to do that. On October 5 I assisted Dr. Potter in a post-mortem examination.</p>
<p>Cross-examined. I have had a great deal of experience in child delivery. Even a healthy married woman at such a time would be in a state of mental excitement; a respectable, but unmarried, young woman, in great agony, suddenly discovering that she was about to become a mother would be even more likely to be affected in her mind.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-58" type="witnessName">
<interp inst="t19081110-name-58" type="gender" value="male"/>
<interp inst="t19081110-name-58" type="surname" value="POTTER"/>
<interp inst="t19081110-name-58" type="given" value="HENRY PERCY"/>HENRY PERCY POTTER</persName> </hi>, F.R.C.S., medical superintendent at Ken
<lb/>sington Infirmary. On October 5 I examined the dead body of a female child; it was a full-term child; it had an incised wound across the throat, 2 1/2 in. long, extending right through the windpipe, severing the blood vessels of the neck; there was a fracture of the left collar bone and of the right side of the lower jaw, a large con
<lb/>tusion below the right ear, a punctured wound over the heart; two ribs were fractured and a third injured. The punctured wound might have been inflicted with the scissors produced; they could</p>
<xptr type="pageFacsimile" doc="190811100015"/>
<p>not have caused the cut at the throat. There were other punctured wounds on the body. I should say the child had breathed for at least three or four minutes; it had certainly had a separate existence. The cause of death was hemorrhage from the cut throat; that wound must have been inflicted during life. On the scissors were traces of mammalian blood. I was shown by the police some pills; they tasted strongly of aloes, and were of such a nature as to be likely to cause abortion.</p>
<p>Cross-examined. A woman delivering herself, and cutting the cord with scissors would no doubt have a shaky hand; this may ac
<lb/>count for some of the punctured wounds, but others appear to me to indicate some deliberation and decision.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-59" type="witnessName">
<interp inst="t19081110-name-59" type="gender" value="male"/>
<interp inst="t19081110-name-59" type="surname" value="CAMPION"/>
<interp inst="t19081110-name-59" type="given" value="HERBERT"/>HERBERT CAMPION</persName> </hi>, relieving officer, Kensington, proved the admis
<lb/>sion of prisoner to the infirmary.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-60" type="witnessName">
<interp inst="t19081110-name-60" type="gender" value="male"/>
<interp inst="t19081110-name-60" type="surname" value="HAWKINS"/>
<interp inst="t19081110-name-60" type="given" value="HENRY"/>HENRY HAWKINS</persName> </hi>, porter at the infirmary, said that the two boxes produced came with prisoner in the cab and were deposited in the receiving ward waiting room.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-61" type="witnessName">
<interp inst="t19081110-name-61" type="gender" value="female"/>
<interp inst="t19081110-name-61" type="surname" value="SUTTON"/>
<interp inst="t19081110-name-61" type="given" value="ADA"/>ADA SUTTON</persName> </hi>, wardswoman at the infirmary. On October 2 I re
<lb/>ceived prisoner; from my examination of her I concluded she had just been delivered of a child, and I had her taken to the maternity ward. She gave me a small hand-bag; it contained some coins and some keys. I saw the two boxes in the waiting-room. On October 5 I noticed a faint smell from them. I got the keys from prisoner's bag and I opened the tin box; I found wrapped in the clothes (produced) the dead body of a female child.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-62" type="witnessName">
<interp inst="t19081110-name-62" type="gender" value="male"/>
<interp inst="t19081110-name-62" type="surname" value="MUGGLESTON"/>
<interp inst="t19081110-name-62" type="given" value="JOHN"/>JOHN MUGGLESTON</persName> </hi>, M.R.C.S., L.R.C.P., assistant medical officer, Kensington Infirmary. On October 2, at 11 a.m., I examined pri
<lb/>soner and found she had just been delivered of a child; I asked her where the child was; she said there had been no child, only clots.</p>
<p>Sergeant
<hi rend="smallCaps">GEORGE VERNEY</hi>, F Division. On October 10 I was shown at Kensington Infirmary the dead body of a child, wrapped in the clothes identified by Sutton. I searched the boxes produced. In the tin box I found the small pair of scissors and stiletto produced; in the wooden box I found this other pair of scissors; they were lying about the middle of the box, as if they bad been thrown in and the clothes thrown on top of them; there were what appeared to be bloodstains on the scissors. I also found the box of pills produced. I handed the articles to Dr. Potter.</p>
<p>
<persName id="t19081110-name-63" type="witnessName">
<interp inst="t19081110-name-63" type="gender" value="male"/>
<interp inst="t19081110-name-63" type="surname" value="TAPPENDEN"/>
<interp inst="t19081110-name-63" type="given" value="THOMAS"/>
<interp inst="t19081110-name-63" type="occupation" value="police inspector"/>Inspector
<hi rend="smallCaps">THOMAS TAPPENDEN</hi> </persName>, F Division. On October 26, at Ken
<lb/>sington Police Station, I charged prisoner with "the wilful murder of her newly-born female child, on October 2, at 26, Stanford Street"; she replied, "Yes, I understand; I put the child in the box; it was born while I was on the bed, and I wrapped it up in my clohtes." On November 2, at West London Police Court, prisoner volunteered to me this statement: "The child was born after Earwaker had gone upstairs; I tore it from me and put it in the box."</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-64" type="witnessName">
<interp inst="t19081110-name-64" type="gender" value="male"/>
<interp inst="t19081110-name-64" type="surname" value="HARDING"/>
<interp inst="t19081110-name-64" type="given" value="FREDERICK"/>FREDERICK HARDING</persName> </hi>, father of prisoner (called by Mr. Cohen). I am an insurance agent, living in Gloucestershire. My daughter left home to go to London two years ago; she was then about 19 years old. She has been well educated; she has taught in Sunday school,</p>
<xptr type="pageFacsimile" doc="190811100016"/>
<p>and was always a girl of very good character. She frequently wrote to her mother, and knew that our home was always open to her. When we got the letter from Earwaker we thought the child was yet to come, and my wife wrote to Earwaker to know when Ethel would be able to come home.</p>
<p>Verdict, "Guilty, with the strongest possible recommendation to mercy, as we consider that she was in a frenzied state of mind at the time the act was committed."</p>
<p>Mr. Herman Cohen submitted that this was a verdict of Guilty, but insane.</p>
<p>Mr. Justice Bigham said he thought it was a verdict of
<rs id="t19081110-14-verdict-1" type="verdictDescription">
<interp inst="t19081110-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-14-verdict-1" type="verdictSubcategory" value="withRecommendation"/>Guilty, and he must act upon it. Addressing the prisoner, he desired her not to be anxious, because he hoped and believed that the recommendation of the jury (to which his own would be added) would be received with sympathy, and would be given effect to by the Home Secretary, to whom it would be forwarded</rs>. He was, however, obliged to pass upon her the only sentence which was permissible for the crime of which she had been found guilty—namely, the sentence of
<rs id="t19081110-14-punishment-14" type="punishmentDescription">
<interp inst="t19081110-14-punishment-14" type="punishmentCategory" value="death"/>
<interp inst="t19081110-14-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-19081110 t19081110-14-punishment-14"/>death</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-15">
<interp inst="t19081110-15" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-15" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-15-charge-1" targOrder="Y" targets="def1-15-19081110 t19081110-15-offence-1 t19081110-15-verdict-1"/>
<p>
<persName id="def1-15-19081110" type="defendantName">
<interp inst="def1-15-19081110" type="gender" value="male"/>
<interp inst="def1-15-19081110" type="age" value="44"/>
<interp inst="def1-15-19081110" type="surname" value="FISHER"/>
<interp inst="def1-15-19081110" type="given" value="SAMUEL CHARLES"/>
<interp inst="def1-15-19081110" type="occupation" value="fishmonger"/>
<hi rend="largeCaps">FISHER</hi>, Samuel Charles (44, fishmonger)</persName>
<rs id="t19081110-15-offence-1" type="offenceDescription">
<interp inst="t19081110-15-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19081110-15-offence-1" type="offenceSubcategory" value="murder"/>, indicted for and charged on Coroner's inquisition with the wilful murder of
<persName id="t19081110-name-66" type="victimName">
<interp inst="t19081110-name-66" type="gender" value="male"/>
<interp inst="t19081110-name-66" type="surname" value="SCHOFIELD"/>
<interp inst="t19081110-name-66" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-15-offence-1 t19081110-name-66"/>William Schofield</persName> </rs>
<rs id="t19081110-15-verdict-1" type="verdictDescription">
<interp inst="t19081110-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-15-verdict-1" type="verdictSubcategory" value="manslaughter"/>, pleaded guilty to manslaughter, which plea was, with the approval of the Court, accepted by the prosecution.</rs> </p>
<p>Mr. Forrest Fulton prosecuted; Mr. Huntly Jenkins appeared for prisoner.</p>
<p>A formal verdict was entered of Not guilty of murder, Guilty of manslaughter.</p>
<p>Mr. Justice Bigham said the case came very near indeed to one of murder, and sentenced prisoner to
<rs id="t19081110-15-punishment-15" type="punishmentDescription">
<interp inst="t19081110-15-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-15-punishment-15" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-15-19081110 t19081110-15-punishment-15"/>Seven years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-16">
<interp inst="t19081110-16" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-16" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-16-charge-1" targOrder="Y" targets="def1-16-19081110 t19081110-16-offence-1 t19081110-16-verdict-1"/>
<p>
<persName id="def1-16-19081110" type="defendantName">
<interp inst="def1-16-19081110" type="gender" value="male"/>
<interp inst="def1-16-19081110" type="age" value="33"/>
<interp inst="def1-16-19081110" type="surname" value="PEARCE"/>
<interp inst="def1-16-19081110" type="given" value="ALFRED JOHN"/>
<interp inst="def1-16-19081110" type="occupation" value="pawnbroker's warehouseman"/>
<hi rend="largeCaps">PEARCE</hi>, Alfred John (33, warehouseman)</persName>
<rs id="t19081110-16-offence-1" type="offenceDescription">
<interp inst="t19081110-16-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19081110-16-offence-1" type="offenceSubcategory" value="extortion"/>; sending to
<persName id="t19081110-name-68" type="victimName">
<interp inst="t19081110-name-68" type="gender" value="male"/>
<interp inst="t19081110-name-68" type="surname" value="SIMMONS"/>
<interp inst="t19081110-name-68" type="given" value="HARRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-16-offence-1 t19081110-name-68"/>Harry Simmons</persName> a letter demanding, with menaces, the sum of £31 10s.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-69" type="witnessName">
<interp inst="t19081110-name-69" type="gender" value="male"/>
<interp inst="t19081110-name-69" type="surname" value="SIMMONS"/>
<interp inst="t19081110-name-69" type="given" value="HENRY"/>HENRY SIMMONS</persName> </hi>, of Simmons's Detective Association, 30, King Street, Cheapside. On October 26 I received the following letter, which I know to be in prisoner's handwriting: "22, Seven Sisters Road. October 26. To H. Simmonds. Re 'The Viper of Milan.' I find that on investigating your report on the above that you have been playing a double game and that you have been checkmating me and suborning others to disprove my claim on Marjorie Bowen. Now I hereby warn you that unless you return me the £5 5s. you defrauded me of and allow me adequate compensation (which you obtained off Bowen for yourself) I shall wait on you and take the law into my own hands. My wasted life and useless literary work, together with this misfortune, has determined me on this coarse and drastic mea
<lb/>sure, and I am quite prepared to stake my life on such a despicable scoundrel as you are. Now, I adjudge my claim on M. Bowen to be 25 guineas and together with the five you robbed me of makes it up to 30 guineas, and I hereby swear that unless you forward the same on to me within seven days I shall waylay you and shoot you stone dead. I intended this for the Bowens, but as there would be some trouble, in finding their whereabouts I shall mark you down instead.</p>
<xptr type="pageFacsimile" doc="190811100017"/>
<p>I have been revolver-practising for some time with the intention of colonising, but this affair cropping up and floundering has deferred my purpose to the deadly peril of yourself. So fear not that I shall carry out my threat. Repent ere✗ is too late, if only for your wife and children's sake.—Signed, A. J.
<hi rend="smallCaps">PEARCE</hi>, 22, Seven Sisters Road, to whom the money should be sent." There is no truth whatever in the suggestions contained in the letter. I have been in fear of my life in consequence of the letter.</p>
<p>Cross-examined. My agency was employed by prisoner in April to investigate the circumstances under which a Miss Marjorie Bowen had written and published a book called "The Viper of Milan," which, as he alleged, pirated a work that he had written and sent to various publishers. I made inquiries, and, so far as I could dis
<lb/>cover, there was no ground for prisoner's belief that Bowen had in some way got hold of his manuscript. I so reported to him, and he appeared quite satisfied with my work. I never saw Bowen or re
<lb/>ceived any "compensation" from her. I have never had any sort of quarrel with prisoner. I bear him no ill-will and have no desire to press this charge.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-70" type="witnessName">
<interp inst="t19081110-name-70" type="gender" value="male"/>
<interp inst="t19081110-name-70" type="surname" value="SMITH"/>
<interp inst="t19081110-name-70" type="given" value="HUBERT"/>HUBERT SMITH</persName> </hi>, City Police. I arrested prisoner on October 27. On my reading the warrant to him, he said, "I am pleased; I expected this." Prisoner is a pawnbroker's warehouseman, and, so far as is known, quite a respectable man; a former employer of his told me that at times he was peculiar in his actions.</p>
<p>Dr.
<hi rend="smallCaps">SCOTT</hi>, of Brixton Prison (called by his Lordship). I have had the prisoner under observation for a fortnight. He has been quite quiet and amenable to discipline. The chief indications of anything mentally wrong with him are with regard to his book; he told me such an involved and distorted story, in which he appeared to fully believe, that I came to the conclusion that his ideas were genuine insane delusions with regard to the piracy of his ideas. I think he should be under control, both for his own good and for other people's safety.</p>
<p>Verdict,
<rs id="t19081110-16-verdict-1" type="verdictDescription">
<interp inst="t19081110-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-16-verdict-1" type="verdictSubcategory" value="insane"/>Guilty, but insane at the time of committing the offence, so as not to be responsible for his actions.</rs> </p>
<p>
<rs id="t19081110-16-punishment-16" type="punishmentDescription">
<interp inst="t19081110-16-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-16-punishment-16" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-16-19081110 t19081110-16-punishment-16"/>Ordered to be detained during His Majesty's pleasure.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE THE</hi>
<hi rend="largeCaps">RECORDER</hi>.</p>
<p>(Wednesday, November 11.)</p> </div1>
<div1 type="trialAccount" id="t19081110-17">
<interp inst="t19081110-17" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-17" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-17-charge-1" targOrder="Y" targets="def1-17-19081110 t19081110-17-offence-1 t19081110-17-verdict-1"/>
<p>
<persName id="def1-17-19081110" type="defendantName">
<interp inst="def1-17-19081110" type="gender" value="male"/>
<interp inst="def1-17-19081110" type="age" value="44"/>
<interp inst="def1-17-19081110" type="surname" value="BENNING"/>
<interp inst="def1-17-19081110" type="given" value="ERNEST JAMES"/>
<interp inst="def1-17-19081110" type="occupation" value="clerk"/>
<hi rend="largeCaps">BENNING</hi>, Ernest James (44, clerk)</persName>
<rs id="t19081110-17-verdict-1" type="verdictDescription">
<interp inst="t19081110-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-17-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
<rs id="t19081110-17-offence-1" type="offenceDescription">
<interp inst="t19081110-17-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19081110-17-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, of stealing on or about
<rs id="t19081110-cd-7" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-17-offence-1 t19081110-cd-7"/>October 30, 1906</rs>, the sum of 5s., on or about
<rs id="t19081110-cd-8" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-17-offence-1 t19081110-cd-8"/>December 8. 1906</rs>. the sum of £9 10s., on or about
<rs id="t19081110-cd-9" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-17-offence-1 t19081110-cd-9"/>September 27. 1907</rs>, the sum of £25, on or about
<rs id="t19081110-cd-10" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-17-offence-1 t19081110-cd-10"/>October 1. 1907</rs>, the sum of £18, on or about October 8, 1907, the sum of £25, on or about
<rs id="t19081110-cd-11" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-17-offence-1 t19081110-cd-11"/>October 12. 1907</rs>, the sum of £18, on or about
<rs id="t19081110-cd-12" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-17-offence-1 t19081110-cd-12"/>October 24, 1907,</rs> the sum of £38, on or about
<rs id="t19081110-cd-13" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-17-offence-1 t19081110-cd-13"/>December 9, 1907</rs>, the sum of £17, on or about
<rs id="t19081110-cd-14" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-17-offence-1 t19081110-cd-14"/>Decem
<lb/>ber 18, 1907</rs>, the sum of £10, and on or about
<rs id="t19081110-cd-15" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-17-offence-1 t19081110-cd-15"/>December 19, 1907</rs>, the sum of £25, the moneys of
<persName id="t19081110-name-72" type="victimName">
<interp inst="t19081110-name-72" type="gender" value="male"/>
<interp inst="t19081110-name-72" type="surname" value="ROSE"/>
<interp inst="t19081110-name-72" type="given" value="JOHN WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-17-offence-1 t19081110-name-72"/>John William Rose</persName> and others, his masters; unlawfully and with intent to defraud making certain false entries in a certain book known as a "Petty Disburse
<lb/>ment Book," the property of the said John William Rose and others, his masters; forging and uttering, knowing the same to be forged, a mortgage deed to secure £120 and interest, dated November 11, 1896, a mortgage deed to secure £200 and interest dated May 7, 1900, and a mortgage deed to secure £250 and interest dated May 12, 1902, in each case with intent to defraud; obtaining by false pretences from
<persName id="t19081110-name-73" type="victimName">
<interp inst="t19081110-name-73" type="gender" value="male"/>
<interp inst="t19081110-name-73" type="surname" value="BLACK"/>
<interp inst="t19081110-name-73" type="given" value="JOHN WHITMORE"/>
<interp inst="t19081110-name-73" type="occupation" value="clergyman"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-17-offence-1 t19081110-name-73"/>John Whitmore Black</persName> £120, on or about
<rs id="t19081110-cd-16" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-17-offence-1 t19081110-cd-16"/>November 11, 1896</rs>, £200 on or about
<rs id="t19081110-cd-17" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-17-offence-1 t19081110-cd-17"/>May 7, 1900</rs>, and £250 on or about
<rs id="t19081110-cd-18" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-17-offence-1 t19081110-cd-18"/>May 12, 1902</rs>, in each case with intent to defraud.</rs> </p>
<xptr type="pageFacsimile" doc="190811100018"/>
<p>Mr. Huntly Jenkins, who prosecuted, said that this was about as bad a case of forgery and larceny as it was possible to imagine. Pri
<lb/>soner for about 26 years had been employed by Messrs. Rose, John
<lb/>son, and Hicks, solicitors, 13, Delahay Street, Westminster, and had gained their complete confidence. He had induced his brother-in-Law, Mr. Black, to advance close upon £5, 000 upon various securities which prisoner had forged, and, under the pretence that the money was invested on Mr. Rose's authority, prisoner representing that his brother-in-law was a client of the firm. By this means Mr. Black (a clergyman) had lost his entire fortune.</p>
<p>Sentence,
<rs id="t19081110-17-punishment-17" type="punishmentDescription">
<interp inst="t19081110-17-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-17-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-19081110 t19081110-17-punishment-17"/>Five years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-18">
<interp inst="t19081110-18" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-18" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-18-charge-1" targOrder="Y" targets="def1-18-19081110 t19081110-18-offence-1 t19081110-18-verdict-1"/>
<p>
<persName id="def1-18-19081110" type="defendantName">
<interp inst="def1-18-19081110" type="gender" value="male"/>
<interp inst="def1-18-19081110" type="age" value="19"/>
<interp inst="def1-18-19081110" type="surname" value="COHEN"/>
<interp inst="def1-18-19081110" type="given" value="SOLOMON"/>
<interp inst="def1-18-19081110" type="occupation" value="tailor"/>
<hi rend="largeCaps">COHEN</hi>, Solomon (19, tailor)</persName>
<rs id="t19081110-18-verdict-1" type="verdictDescription">
<interp inst="t19081110-18-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-18-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
<rs id="t19081110-18-offence-1" type="offenceDescription">
<interp inst="t19081110-18-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19081110-18-offence-1" type="offenceSubcategory" value="fraud"/>, of obtaining by false pretences from
<persName id="t19081110-name-75" type="victimName">
<interp inst="t19081110-name-75" type="gender" value="male"/>
<interp inst="t19081110-name-75" type="surname" value="MARKS"/>
<interp inst="t19081110-name-75" type="given" value="JACOB"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-18-offence-1 t19081110-name-75"/>Jacob Marks</persName>, divers of his moneys—to wit, the sum of £2. with intent to defraud; obtaining by false pretences from
<persName id="t19081110-name-76" type="victimName">
<interp inst="t19081110-name-76" type="gender" value="male"/>
<interp inst="t19081110-name-76" type="surname" value="LIPMAN"/>
<interp inst="t19081110-name-76" type="given" value="ABRAHAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-18-offence-1 t19081110-name-76"/>Abraham Lipman</persName>, divers of his money—to wit, the sum of £2, with intent to defraud.</rs> </p>
<p>Prisoner had been bound over by Judge Lumley Smith at this Court, on January 8 of this year, for a similar offence. (See Vol. 148, p. 424.) It was stated that he had probably been led away by bad company.</p>
<p>Sentence,
<rs id="t19081110-18-punishment-18" type="punishmentDescription">
<interp inst="t19081110-18-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-18-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-18-19081110 t19081110-18-punishment-18"/>Six months' imprisonment</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-19">
<interp inst="t19081110-19" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-19" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-19-charge-1" targOrder="Y" targets="def1-19-19081110 t19081110-19-offence-1 t19081110-19-verdict-1"/>
<p>
<persName id="def1-19-19081110" type="defendantName">
<interp inst="def1-19-19081110" type="gender" value="male"/>
<interp inst="def1-19-19081110" type="age" value="20"/>
<interp inst="def1-19-19081110" type="surname" value="WAFFRON"/>
<interp inst="def1-19-19081110" type="given" value="CHARLES"/>
<interp inst="def1-19-19081110" type="occupation" value="seaman"/>
<hi rend="largeCaps">WAFFRON</hi>, Charles (20, seaman)</persName>
<rs id="t19081110-19-verdict-1" type="verdictDescription">
<interp inst="t19081110-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-19-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
<rs id="t19081110-19-offence-1" type="offenceDescription">
<interp inst="t19081110-19-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19081110-19-offence-1" type="offenceSubcategory" value="embezzlement"/>, of, being en
<lb/>trusted with the sum of 15s. to deliver to
<persName id="t19081110-name-78" type="victimName">
<interp inst="t19081110-name-78" type="gender" value="female"/>
<interp inst="t19081110-name-78" type="surname" value="FRENCH"/>
<interp inst="t19081110-name-78" type="given" value="EMILY"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-19-offence-1 t19081110-name-78"/>Emily French</persName>, fraudu
<lb/>lently converted the same to his own use. Prisoner had been several times previously convicted, three times of attempted suicide.</rs> </p>
<p>Sentence,
<rs id="t19081110-19-punishment-19" type="punishmentDescription">
<interp inst="t19081110-19-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-19-punishment-19" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-19-19081110 t19081110-19-punishment-19"/>Nine months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-20">
<interp inst="t19081110-20" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-20" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-20-charge-1" targOrder="Y" targets="def1-20-19081110 t19081110-20-offence-1 t19081110-20-verdict-1"/>
<p>
<persName id="def1-20-19081110" type="defendantName">
<interp inst="def1-20-19081110" type="gender" value="female"/>
<interp inst="def1-20-19081110" type="age" value="27"/>
<interp inst="def1-20-19081110" type="surname" value="PAINE"/>
<interp inst="def1-20-19081110" type="given" value="FRANCES"/>
<interp inst="def1-20-19081110" type="occupation" value="servant"/>
<hi rend="largeCaps">PAINE</hi>, Frances (27, servant)</persName>
<rs id="t19081110-20-verdict-1" type="verdictDescription">
<interp inst="t19081110-20-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-20-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
<rs id="t19081110-20-offence-1" type="offenceDescription">
<interp inst="t19081110-20-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19081110-20-offence-1" type="offenceSubcategory" value="concealingABirth"/>, of concealing the birth of a child.</rs> </p>
<p>Mr. Scott-France (the Court missionary) stated that prisoner had been courting a man—not the father of the child—for eight years, who was prepared to marry her.</p>
<p>Sentence,
<rs id="t19081110-20-punishment-20" type="punishmentDescription">
<interp inst="t19081110-20-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-20-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-20-19081110 t19081110-20-punishment-20"/>Two days' imprisonment, entitling her to immediate dis
<lb/>charge.</rs> </p> </div1>
<div1 type="trialAccount" id="t19081110-21">
<interp inst="t19081110-21" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-21" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-21-charge-1" targOrder="Y" targets="def1-21-19081110 t19081110-21-offence-1 t19081110-21-verdict-1"/>
<p>
<persName id="def1-21-19081110" type="defendantName">
<interp inst="def1-21-19081110" type="gender" value="male"/>
<interp inst="def1-21-19081110" type="age" value="35"/>
<interp inst="def1-21-19081110" type="surname" value="HARGREAVES"/>
<interp inst="def1-21-19081110" type="given" value="JOHN"/>
<interp inst="def1-21-19081110" type="occupation" value="clerk"/>
<hi rend="largeCaps">HARGREAVES</hi>, John, otherwise
<rs id="t19081110-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-21-19081110 t19081110-alias-1"/>Charles Frederick Russell</rs> (35, clerk)</persName>
<rs id="t19081110-21-verdict-1" type="verdictDescription">
<interp inst="t19081110-21-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-21-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
<rs id="t19081110-21-offence-1" type="offenceDescription">
<interp inst="t19081110-21-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19081110-21-offence-1" type="offenceSubcategory" value="perjury"/>, of committing wilful and corrupt perjury.</rs> </p>
<p>The offence was committed on the hearing of a charge against a woman,
<persName id="t19081110-name-81">
<interp inst="t19081110-name-81" type="gender" value="female"/>
<interp inst="t19081110-name-81" type="surname" value="HARGREAVES"/>
<interp inst="t19081110-name-81" type="given" value="MABEL"/>
<interp inst="t19081110-name-81" type="occupation" value="prostitute"/>Mabel Hargreaves</persName>, who prisoner said was his wife, but the</p>
<xptr type="pageFacsimile" doc="190811100019"/>
<p>detective now stated that the woman was a prostitute and prisoner her bully. He had been convicted several times with fines and light sentences. His correct name was Russell.</p>
<p>Sentence,
<rs id="t19081110-21-punishment-21" type="punishmentDescription">
<interp inst="t19081110-21-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-21-punishment-21" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-21-19081110 t19081110-21-punishment-21"/>Six months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-22">
<interp inst="t19081110-22" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-22" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-22-charge-1" targOrder="Y" targets="def1-22-19081110 t19081110-22-offence-1 t19081110-22-verdict-1"/>
<p>
<persName id="def1-22-19081110" type="defendantName">
<interp inst="def1-22-19081110" type="gender" value="male"/>
<interp inst="def1-22-19081110" type="age" value="28"/>
<interp inst="def1-22-19081110" type="surname" value="OSBORNE"/>
<interp inst="def1-22-19081110" type="given" value="PERCY EDWARD"/>
<interp inst="def1-22-19081110" type="occupation" value="carpenter"/>
<hi rend="largeCaps">OSBORNE</hi>, Percy Edward (28, carpenter)</persName>
<rs id="t19081110-22-offence-1" type="offenceDescription">
<interp inst="t19081110-22-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19081110-22-offence-1" type="offenceSubcategory" value="forgery"/>; feloniously demanding two post letters by virtue of certain forged instruments—to wit, two notices purporting to be signed by
<persName id="t19081110-name-83" type="victimName">
<interp inst="t19081110-name-83" type="gender" value="male"/>
<interp inst="t19081110-name-83" type="surname" value="GRIFFITHS"/>
<interp inst="t19081110-name-83" type="given" value="ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-22-offence-1 t19081110-name-83"/>Arthur Griffiths</persName> and
<persName id="t19081110-name-84" type="victimName">
<interp inst="t19081110-name-84" type="gender" value="male"/>
<interp inst="t19081110-name-84" type="surname" value="DRAKE"/>
<interp inst="t19081110-name-84" type="given" value="WILLIAM JOHN FRANK"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-22-offence-1 t19081110-name-84"/>William John Frank Drake</persName> respectively, knowing the same to be forged.</rs> </p>
<p>Mr. Forster Boulton, M.P., prosecuted; Mr. St. John Macdonald defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-85" type="witnessName">
<interp inst="t19081110-name-85" type="gender" value="male"/>
<interp inst="t19081110-name-85" type="surname" value="JONES"/>
<interp inst="t19081110-name-85" type="given" value="HENRY WILLIAM"/>HENRY WILLIAM JONES</persName> </hi>, secretary to B. Morris and Co., Limited, cigarette manufacturers, produced the result of a competition held by them in September last, and published in the "Daily Mail" October 21. By that £250 was divided between Mr. Arthur Griffiths, 21, The Causeway, Cambridge; Mr. W.J.F. Drake, 62, Stanmore Road, West Green, N.; and Mr. A.H. Granger, 72. Cape Hill, Smethwick, Staffs; to whom cheques for £83 6s. 8d. were sent on October 30.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-86" type="witnessName">
<interp inst="t19081110-name-86" type="gender" value="female"/>
<interp inst="t19081110-name-86" type="surname" value="GREEN"/>
<interp inst="t19081110-name-86" type="given" value="EDITH"/>EDITH GREEN</persName> </hi>, clerk to Mackenzie and Co., 149, High Holborn, newsagents. On Thursday, October 21, prisoner came into the shop between eight and nine p.m. and asked if he could have his letters addressed there. I said "Yes." He asked for a bill-head (produced), which he took away. I asked his name, and he hesitated, then said it was not for him. On the Monday following he came again between four and five and asked if there were any letters for Griffiths, Drake, or Granger. He handed me a slip of paper (produced), with the names in pencil. There were no letters, so he went away. He re
<lb/>turned next day about five, and by that time Detective Caldicott was waiting for him. The latter asked prisoner some questions in my hearing.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-87" type="witnessName">
<interp inst="t19081110-name-87" type="gender" value="male"/>
<interp inst="t19081110-name-87" type="surname" value="GRIFFITHS"/>
<interp inst="t19081110-name-87" type="given" value="ARTHUR"/>ARTHUR GRIFFITHS</persName> </hi>, 21, The Causeway, Cambridge. The exhibit produced purports to be an authority for letters to be readdressed to 149, High Holborn. It bears the name of Mr. Arthur Griffiths, which is not my signature, and I gave no authority for it. I have received my cheque from Morris and Co.</p>
<p>Cross-examined. I cannot say whether "Mr. Arthur Griffiths" is a signature or not; it is supposed to be.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-88" type="witnessName">
<interp inst="t19081110-name-88" type="gender" value="male"/>
<interp inst="t19081110-name-88" type="surname" value="DRAKE"/>
<interp inst="t19081110-name-88" type="given" value="WILLIAM JOHN FRANK"/>WILLIAM JOHN FRANK DRAKE</persName> </hi> said that the document produced as to the redirection of his letters to 149, High Holborn, was not signed or authorised by him. He was still living at 62, Stanmore Road, and he had received his share of the prize.</p>
<p>Cross-examined. This is nothing like my signature. I never sign my name with "Mr." before it.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-89" type="witnessName">
<interp inst="t19081110-name-89" type="gender" value="male"/>
<interp inst="t19081110-name-89" type="surname" value="GRANGER"/>
<interp inst="t19081110-name-89" type="given" value="ALFRED HARRY"/>ALFRED HARRY GRANGER</persName> </hi>, 72. Cape Hill, Smethwick, Staffs, gave similar evidence as to a redirection notice with his name on it. (There was no cross-examination.) He had never seen prisoner before, and did not know where 149, High Holborn was.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-90" type="witnessName">
<interp inst="t19081110-name-90" type="gender" value="male"/>
<interp inst="t19081110-name-90" type="surname" value="PRINCE"/>
<interp inst="t19081110-name-90" type="given" value="ARTHUR WILLIAM"/>ARTHUR WILLIAM PRINCE</persName> </hi>, overseer at Peckham Sorting Office. Ex
<lb/>hibits 4, 5, and 6, which are re-direction notices, have gone through</p>
<xptr type="pageFacsimile" doc="190811100020"/>
<p>the Post Office; they are stamped, "October 22, 7.30 p.m." That means that they would be posted in the neighbourhood that evening. They are the proper forms, which anybody could obtain.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-91" type="witnessName">
<interp inst="t19081110-name-91" type="gender" value="male"/>
<interp inst="t19081110-name-91" type="surname" value="CALDICOTT"/>
<interp inst="t19081110-name-91" type="given" value="RALPH"/>RALPH CALDICOTT</persName> </hi>, police officer, attached to G.P.O. I went to a newspaper shop at 149, High Holborn on October 27 about five p.m. and waited there. I then saw prisoner come in and heard him ask Miss Edith Green if there were any letters for Griffiths, Granger, or Drake. She asked him what names, and he produced this piece of paper containing the three names. He laid it on the counter and I picked it up, and, pointing to the name Granger, asked if it was his. He said, "No, my name is Osborne. I filled up three papers in the names of Griffiths, Drake, and Granger because the men said they could not write." I then took prisoner to the G.P.O. Prisoner said that he had to meet these three men that evening on Waterloo or Westminster Bridge about six o'clock, but he did not know their names or where they lived. At the G.P.O. prisoner was seen by Mr. Bruce in my presence. I then took him to Cannon Row, where he was charged, but made no reply. I searched him and found the bill
<lb/>head (produced), with the name of "Mackenzie and Co., 149, High Holborn."</p>
<p>Cross-examined. Prisoner gave me his name at once.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-92" type="witnessName">
<interp inst="t19081110-name-92" type="gender" value="male"/>
<interp inst="t19081110-name-92" type="surname" value="BRUCE"/>
<interp inst="t19081110-name-92" type="given" value="EDWARD WHITE"/>EDWARD WHITE BRUCE</persName> </hi>, clerk in Secretary's office, G.P.O. The last witness brought prisoner to me about six p.m., on October 27. I asked him his name and address, then told him who I was and fully cautioned him. He said that he fully understood. I then showed him the two re-direction notices in the names of Granger and Grif
<lb/>fiths. In reply to me prisoner said they were in his handwriting. I asked him to account for the fact that they were in the names men
<lb/>tioned. He said, "They are two different persons; I filled in three altogether, the third being W.J.F. Drake. They are three men I met casually at the Free Library, High Street, Peckham, about eight weeks ago, about 10 a.m. I was reading the advertisements in the 'Daily Chronicle.'" At my request he gave three descriptions of the men; one known to him as Griffiths, height 5 ft. 9 in. age about 34; fair hair, and big, fair moustache; rather fat, loud voice, stout build, blue serge suit; No. 2, known to him as Drake, 5 ft. 6 in. or 5 ft. 7 in., age about 28: dark hair, slight, dark moustache, sharp features, scar by left side of nose, very slim, blue serge suit; No. 3, known to him as Granger, probably German, about 5 ft. 9 in. or 5 ft. 10 in., age about 35 or over. black, rather long hair, very heavy black moustache, very dark complexion, blue serge suit, very shabby. He said that he (prisoner) made some remark about the advertisement not being worth writing after, then the men spoke to him, and he went with them looking for work till seven p.m. About two weeks after that (he said) he met them in Rye Lane. They spoke to him. but he did not speak. He did not see them again till the previous Tuesday, when he had then got work in Long Acre. Drake asked him if he would like a job in his spare time and offered £1 a week to go and fetch letters from 149, High Holborn. He accepted, and they asked him to go to that address and ask if letters could be addressed there,</p>
<xptr type="pageFacsimile" doc="190811100021"/>
<p>which he did do, and met them again on the Wednesday night outside his place of work in Long Acre. They told him they would not want him that night, but would meet him on Thursday evening at Rye Lane. He met them between five and six, and they all went into a public-house next to Jones and Higgins's place. Griffiths produced three pieces of paper (two of which I had shown prisoner) and asked him to fill them up. Drake told him how to, and they asked him to go to 149, High Holborn on Friday to see if there were any letters, and again on Saturday, and to meet them in Rye Lane on Saturday night about seven p.m. Prisoner went to High Holborn on Friday and Saturday, but got no letters. He met the men in Shaftes
<lb/>bury Avenue about 3.30, when he told them he had got no letters, promising to meet them on Monday night at Waterloo Bridge be
<lb/>tween five and six. He called again at High Holborn and did not get to the bridge till about 6.30, but did not see them. He called on the next day at High Holborn, and would have gone to Waterloo Bridge if he had not been taken to the Post Office, as he had arranged to meet the men there every evening between five and six. He said that after he had written out the papers they gave him 2s. each. All this I took down from prisoner at the time. I told him that the three names were those of three persons published in the "Daily Mail" as winners of over £80, and what did he wish to say. He re
<lb/>plied, "That is the first time I ever heard of this; I never see the 'Daily Mail.'" I then gave him into custody.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-93" type="witnessName">
<interp inst="t19081110-name-93" type="gender" value="male"/>
<interp inst="t19081110-name-93" type="surname" value="OSBORNE"/>
<interp inst="t19081110-name-93" type="given" value="PERCY EDWARD"/>PERCY EDWARD OSBORNE</persName> </hi> (prisoner, on oath) said that he was em
<lb/>ployed as carpenter and box maker at £1 a week, and that, as his wife was in trouble at home, he wanted more money, so took this job on from the three men. (Witness gave substantially the same story of his doings with "the three men" as he had to Mr. Bruce.) The men made out to him that they could not write and gave him to understand that the papers he filled up were for betting purposes. They said that their names were as on the papers and that they were moving to London. He had tried to find out where they lived, and had stopped out late at night to do so. The men had told him, when they met in Shaftesbury Avenue, that they were too busy to fetch the letters. They told him to put "Mr." before the names on the papers, and said that they would put their cross on it, so it would be all right. Witness had written several betting slips out for them.</p>
<p>Cross-examined. I met the men about four times. They must have followed me and watched me go into my place of work in Long Acre. I did think it funny that they should be always turning up by accident, and I watched them several times to find out where they went. I never really tumbled to it until after I had filled the papers in. I could not make it out. They never said they could not read. I can read. When they said the business was betting, I sup
<lb/>posed they did not care about having their letters addressed to their own place. They explained that there would be no other work for me to do. I am paid 5d. an hour for carpentering. I had only been</p>
<xptr type="pageFacsimile" doc="190811100022"/>
<p>employed two weeks at this place in Long Acre. I did speak to the men when I met them accidentally in Rye Lane, and I told Mr. Bruce so; he may have made a mistake. I told them I was expecting work in Long Acre. I cannot remember the exact date when I went to 149, High Holborn first. I think it was the same day as I saw the men in Long Acre.</p>
<p>(Thursday, November 12.)</p>
<p>Verdict,
<rs id="t19081110-22-verdict-1" type="verdictDescription">
<interp inst="t19081110-22-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-22-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>. Sentence,
<rs id="t19081110-22-punishment-22" type="punishmentDescription">
<interp inst="t19081110-22-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-22-punishment-22" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-22-19081110 t19081110-22-punishment-22"/>18 months' hard labour</rs>.</p>
<p>
<hi rend="smallCaps">BEFORE THE</hi>
<hi rend="largeCaps">COMMON SERJEANT</hi>.</p>
<p>(Wednesday, November 11.)</p> </div1>
<div1 type="trialAccount" id="t19081110-23">
<interp inst="t19081110-23" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-23" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-23-charge-1" targOrder="Y" targets="def1-23-19081110 t19081110-23-offence-1 t19081110-23-verdict-1"/>
<p>
<persName id="def1-23-19081110" type="defendantName">
<interp inst="def1-23-19081110" type="gender" value="male"/>
<interp inst="def1-23-19081110" type="age" value="49"/>
<interp inst="def1-23-19081110" type="surname" value="HURWITZ"/>
<interp inst="def1-23-19081110" type="given" value="LIONEL JUDAH"/>
<interp inst="def1-23-19081110" type="occupation" value="agent"/>
<hi rend="largeCaps">HURWITZ</hi>, Lionel Judah (49, agent)</persName>
<rs id="t19081110-23-offence-1" type="offenceDescription">
<interp inst="t19081110-23-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19081110-23-offence-1" type="offenceSubcategory" value="fraud"/>; in incurring a certain debt and liability to—de Verneuil did obtain credit by false pretences and by means of fraud other than false pretences; in incurring a cer
<lb/>tain debt and liability to
<persName id="t19081110-name-95" type="victimName">
<interp inst="t19081110-name-95" type="gender" value="male"/>
<interp inst="t19081110-name-95" type="surname" value="PICOT"/>
<interp inst="t19081110-name-95" type="given" value="PAUL MAURCE EMILE"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-23-offence-1 t19081110-name-95"/>Paul Maurice Emile Picot</persName>, did obtain credit by false pretences and by means of fraud other than false pretences; in incurring a certain debt and liability to
<persName id="t19081110-name-96" type="victimName">
<interp inst="t19081110-name-96" type="gender" value="male"/>
<interp inst="t19081110-name-96" type="surname" value="ANDRE"/>
<interp inst="t19081110-name-96" type="given" value="LUCIEN"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-23-offence-1 t19081110-name-96"/>Lucien Andre</persName> did obtain credit by false pretences and by means of fraud other than false pre
<lb/>tences; in incurring a certain debt and liability to
<persName id="t19081110-name-97" type="victimName">
<interp inst="t19081110-name-97" type="gender" value="male"/>
<interp inst="t19081110-name-97" type="surname" value="OFFROY"/>
<interp inst="t19081110-name-97" type="given" value="ANDRE"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-23-offence-1 t19081110-name-97"/>Andre Offroy</persName>, did obtain credit by false pretences and by means of fraud other than false pretences; attempting to incur a certain debt and liability to
<persName id="t19081110-name-98" type="victimName">
<interp inst="t19081110-name-98" type="gender" value="male"/>
<interp inst="t19081110-name-98" type="surname" value="CLAUS"/>
<interp inst="t19081110-name-98" type="given" value="GASTIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-23-offence-1 t19081110-name-98"/>Gastin Claus</persName> and to obtain credit by false pretences and by means of fraud other than false pretences.</rs> </p>
<p>Mr. Muir and Mr. Bigham prosecuted; Mr. Huntly Jenkins defended.</p>
<p>Mr. Muir, in opening the case, stated that the prisoner was in
<lb/>dicted for having obtained credit by means of false pretences, and by means of fraud other than false pretences under the Debtors Act of 1869, and the charges against him were that while living in England he had since June, 1907, sought to defraud stockbrokers in Paris. The case for the prosecution was that the prisoner had adopted a number of false names and addresses, some of the addresses being those of newspaper and other stops, and that, by writing to the officials of large companies in France to the effect that he wanted to invest in their concerns, and that he desired the names of trust
<lb/>worthy stockbrokers, he became armed with letters with which he could approach stockbrokers in Paris. Another method prisoner em
<lb/>ployed was that he wrote, contrary to the fact, that he had sons of 15 and 17 years of age whom he desired to place with a school-master at Paris for the purpose of completing their education and, incidentally, he asked in a postscript if a notary could be recom
<lb/>mended to transact important legal business, and by these means, also, he became possessed of recommendations to lawyers, to whom in turn he wrote and became possessed of introductions to stockbrokers. As</p>
<xptr type="pageFacsimile" doc="190811100023"/>
<p>a third method he approached directly a lawyer and got from him an introduction to stockbrokers in Paris. Defendant then wrote letters in London to the stockbrokers in Paris falsely stating that he was possessed of large sums which he wished to invest in French securities. On hearing from them he sent instructions to purchase for him large amounts of various French stocks, promising to send the money as soon as he heard that the purchases had been made. By these means he induced several stockbrokers to buy various French stocks, for which, by the rules of the Paris Bourse, they rendered themselves liable. Some of the stocks so bought rose in price, and the defendant ordered them to be sold and received the difference. In all the cases mentioned in the indictment the stocks fell, and he left the stockbrokers to bear the loss.</p>
<p>Mr. Huntly Jenkins stated that the facts as opened were not dis
<lb/>puted, but he submitted that, as the credit was given to the defendant in Paris, he did not commit the offence of obtaining credit within the jurisdiction of the Court.</p>
<p>Mr. Muir referred to R. v. Jones, 1898, 1 Q.B., 119; R. v. Holmes, 12 Q.B.D., 23; R. v. Peters, 16 Q.B.D., 636; R. v. Ellis, 1899, 1 Q.B., 230; and R. v. Burdett, 4 B. and Ald., 717; and contended that, the defendant having written the false representations in Lon
<lb/>don and having been in London when the stockbrokers gave him credit, the offence was committed within the jurisdiction of the Court.</p>
<p>The Common Serjeant held, on the authority of R. v. Peters and the judgment of Wills, J., in R. v. Ellis that, on the facts stated, the offence, if proved, was committed in London.</p>
<p>
<rs id="t19081110-23-verdict-1" type="verdictDescription">
<interp inst="t19081110-23-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-23-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>The prisoner then, on the advice of his counsel, said he would plead guilty to counts 13 to 16 of the indictment.</rs> </p>
<p>Mr. Muir accepted this plea, and, the prisoner having stated in the hearing of the jury that he pleaded guilty to these counts, the jury so found.</p>
<p>Mr. Muir stated that prisoner was born in London of Jewish parents; that in 1893 he was living in Paris and obtaining credit from stockbrokers in London by similar means to those charged in the indictment; that he left France upon proceedings being taken against him there, and in his absence was convicted and sentenced to five years' imprisonment.</p>
<p>Mr. Huntly Jenkins urged that since the prisoner had returned to England three years ago he had lived a perfectly honest life, and also that he had been in custody for a month.</p>
<p>Sentence,
<rs id="t19081110-23-punishment-23" type="punishmentDescription">
<interp inst="t19081110-23-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-23-punishment-23" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-23-19081110 t19081110-23-punishment-23"/>12 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-24">
<interp inst="t19081110-24" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-24" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-24-charge-1" targOrder="Y" targets="def1-24-19081110 t19081110-24-offence-1 t19081110-24-verdict-1"/>
<p>
<persName id="def1-24-19081110" type="defendantName">
<interp inst="def1-24-19081110" type="gender" value="male"/>
<interp inst="def1-24-19081110" type="age" value="32"/>
<interp inst="def1-24-19081110" type="surname" value="WILLIAMS"/>
<interp inst="def1-24-19081110" type="given" value="HENRY"/>
<interp inst="def1-24-19081110" type="occupation" value="porter"/>
<hi rend="largeCaps">WILLIAMS</hi>, Henry (32, porter)</persName>
<rs id="t19081110-24-offence-1" type="offenceDescription">
<interp inst="t19081110-24-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19081110-24-offence-1" type="offenceSubcategory" value="pocketpicking"/>; feloniously stealing from the person of
<persName id="t19081110-name-100" type="victimName">
<interp inst="t19081110-name-100" type="gender" value="male"/>
<interp inst="t19081110-name-100" type="surname" value="LITTLE"/>
<interp inst="t19081110-name-100" type="given" value="CHARLES"/>
<interp inst="t19081110-name-100" type="occupation" value="bookkeeper"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-24-offence-1 t19081110-name-100"/>Charles Little</persName> a✗ watch, chain, coin, and 5s., his property. Second count: Receiving the same, knowing them to have been stolen.</rs> </p>
<p>Mr. R.C. Chalmers prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-101" type="witnessName">
<interp inst="t19081110-name-101" type="gender" value="male"/>
<interp inst="t19081110-name-101" type="surname" value="LITTLE"/>
<interp inst="t19081110-name-101" type="given" value="CHARLES"/>CHARLES LITTLE</persName> </hi>, bookkeeper, 21, Marquess Road, Canonbury. About 7.30 p.m., on October 10, I was passing home through Canonbury</p>
<xptr type="pageFacsimile" doc="190811100024"/>
<p>Grove, and about 150 yards from home I saw two men standing against the railings of a house; it was dark. I could not recognise their features. After I passed them I received at the back of my head a✗ blow which knocked me down and I must have become perfectly un
<lb/>conscious—I did not know anything more till I found myself at home; it seems I was able to tell the person who picked me up where I lived, or else he knew my address; he works for a builder who does our work. I found I had been robbed of my gold watch and silver chain, a Kruger shilling, and about 5s.; I put it altogether at the value of about £5 10s.; the watch cost more than £5 and the chain 10s. or 12s. I think I was knocked down with a fist. I am 71.</p>
<p>Dr.
<persName id="t19081110-name-102" type="witnessName">
<interp inst="t19081110-name-102" type="gender" value="male"/>
<interp inst="t19081110-name-102" type="surname" value="ROBINSON"/>
<interp inst="t19081110-name-102" type="given" value="MALACHI JOSEPH"/>
<interp inst="t19081110-name-102" type="occupation" value="doctor"/>
<hi rend="smallCaps">MALACHI JOSEPH ROBINSON</hi> </persName>, Essex Road. I attended pro
<lb/>secutor on October 10, about nine p.m., and found a cut over his left temple; he was in a dazed condition. There did not seem any other injury; it looked as if he had fallen against something sharp—against the kerb, for instance, as if he had been struck in falling down. He was ill for some time, not only from the pain of the wound but from the shock.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-103" type="witnessName">
<interp inst="t19081110-name-103" type="gender" value="male"/>
<interp inst="t19081110-name-103" type="surname" value="HENDRY"/>
<interp inst="t19081110-name-103" type="given" value="ARTHUR"/>ARTHUR HENDRY</persName> </hi>, manager to Mr. Walker, pawnbroker, 13, Prebend Street, Islington. On October 10, about 7.45 p.m., prisoner came in and offered me this gold watch, on which he asked £2. I offered him a sovereign and gave him £11s.; to me, as a pawnbroker, it was worth £3; it would be worth a little more to prosecutor. I showed it to the police. This is the ticket relating to it, which was issued to prisoner; it corresponds to the duplicate written by myself. The name on it was that given by the person pawning, "George Harris. 62, Packington Street." After prisoner left the shop I sent to Detective-sergeants Kenward and Tanner. After the prisoner had been arrested I was asked to go and identify him on the following Tuesday evening, October 13; I picked him out immediately.</p>
<p>To Prisoner. Outside our shop there is a constable on point duty. I had other ideas than to send for him and have you arrested. I heard on the Monday of the stealing and I supplied the police with a description.</p>
<p>
<persName id="t19081110-name-104" type="witnessName">
<interp inst="t19081110-name-104" type="gender" value="male"/>
<interp inst="t19081110-name-104" type="surname" value="TANNER"/>
<interp inst="t19081110-name-104" type="given" value="TOM"/>
<interp inst="t19081110-name-104" type="occupation" value="detective sergeant"/>Detective-sergeant
<hi rend="smallCaps">TOM TANNER</hi> </persName>, N Division. I know the neighbour
<lb/>hood of Canonbury. It is about 10 minutes' walk from Northampton Street to Prebend Street. On October 13 I saw prisoner in Alwyne Villas, Canonbury. I said to him, "You answer the description of a man we want for knocking an old gentleman down in Canonbury Grove last Saturday evening and robbing him of this watch, chain, and money." He said, turning to Sergeant Kenward, who was with me, "Does he mean it, Mr. Kenward?" Kenward said, "Certainly; you answer the description of the man who stole the watch; if you are not the man you have nothing to fear, but you will have to come to the police-station with us." He said, "I will go quiet." When we got to Halton Road he became very violent and we had a struggle, and all went to the ground; then he went quietly for a while and then again became very violent and we had to pin him to the railings. A constable in uniform came along, and with his assistance we got prisoner to the station. In the station he was violent, and when he</p>
<xptr type="pageFacsimile" doc="190811100025"/>
<p>was searched he said, "One of you dirty f—put the pawnticket in my pocket—I am not certain which it was—coming along." The station clerk found the ticket in his pocket and took it out; that was the first I saw of it.</p>
<p>To Prisoner. You were very violent; I did not sav at the other Court you went quietly.</p>
<p>
<persName id="t19081110-name-105" type="witnessName">
<interp inst="t19081110-name-105" type="gender" value="male"/>
<interp inst="t19081110-name-105" type="surname" value="KENWARD"/>
<interp inst="t19081110-name-105" type="given" value="JOHN"/>
<interp inst="t19081110-name-105" type="occupation" value="detective sergeant"/>Detective-sergeant
<hi rend="smallCaps">JOHN KENWARD</hi> </persName>, N Division. On the night of October 13 I was with Sergeant Tanner in Alwyne Villas, where we arrested prisoner and charged him with knocking Mr. Little down and robbing him of a gold watch and chain and about 5s. in money. Prisoner said, "Does he mean that, Mr. Kenward?" I said, "Cer
<lb/>tainly; if you are not the man you have nothing to fear, but you will have to go to the station." We took him to the station. For a short distance he went quietly; on the way he took a letter from his pocket and tore it up. After we got into Halton Road he said, "You are not f—well going to take me; I am going to have a go for it." We had a struggle on the pavement. Then he said, "If you let me get up I will go quiet." After that we had another struggle and we had to pin him against the railings. At the station he was very violent. When he was searched I saw taken out of his pocket by the station sergeant this pawnticket for a gold watch—£11s. I and Tanner were holding prisoner; that was the first I had seen of the ticket.</p>
<p>To Prisoner. I did not give this evidence before the magistrate because I was not called.</p>
<p>
<persName id="t19081110-name-106" type="witnessName">
<interp inst="t19081110-name-106" type="gender" value="male"/>
<interp inst="t19081110-name-106" type="surname" value="MARTIN"/>
<interp inst="t19081110-name-106" type="given" value="JOHN"/>
<interp inst="t19081110-name-106" type="occupation" value="police inspector"/>Inspector
<hi rend="smallCaps">JOHN MARTIN</hi> </persName>, N Division. I came to the Islington Police Station on the night of October 13. Shortly after prisoner was brought in. He said, "Mr. Martin, they have fairly put it on me." I said, "All right, I will attend to it." He said, "Either Kenward or the other 'tec put a pawnticket in my pocket which they say be
<lb/>longed to the watch which has been stolen." I was there afterwards when the pawnbroker picked out prisoner from a number of other men. Prisoner said nothing, and when he was charged he said nothing. Afterwards he said, "Now I have been picked out I own I did the pawning, but I had nothing to do with knocking the old man about." When he was identified I had the pawnticket in my hand. He said, "That is the ticket they put in my pocket."</p>
<p>Prisoner's statement before the Magistrate: "I admit buying the watch and pledging it."</p>
<p>Prisoner, in his defence, said he knew nothing about the watch being stolen.</p>
<p>Verdict,
<rs id="t19081110-24-verdict-1" type="verdictDescription">
<interp inst="t19081110-24-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-24-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty of receiving.</rs> </p>
<p>Prisoner then confessed to a previous conviction of felony at Read
<lb/>ing on October 15, 1906.</p>
<p>
<persName id="t19081110-name-107" type="witnessName">
<interp inst="t19081110-name-107" type="gender" value="male"/>
<interp inst="t19081110-name-107" type="surname" value="PAGE"/>
<interp inst="t19081110-name-107" type="given" value="FRANK"/>
<interp inst="t19081110-name-107" type="occupation" value="detective"/>Detective
<hi rend="smallCaps">FRANK PAGE</hi> </persName> proved that on that occasion prisoner was sentenced to two terms of 12 months' hard labour, to run concur
<lb/>rently, for two cases of housebreaking and stealing. He had been previously convicted, to three months' hard labour on June 5, 1903, for stealing a handkerchief from the person in the name of
<persName id="t19081110-name-108">
<interp inst="t19081110-name-108" type="gender" value="indeterminate"/>
<rs id="t19081110-alias-2" type="alias">
<join result="nameAlias" targOrder="Y" targets="t19081110-name-108 t19081110-alias-2"/>Henry Lee</rs> </persName>; to three months' hard labour on November 5 for loitering in the same name; to three months' hard labour on June 22, 1904, for fre
<lb/>quenting in the name of
<persName id="t19081110-name-109">
<interp inst="t19081110-name-109" type="gender" value="indeterminate"/>
<rs id="t19081110-alias-3" type="alias">
<join result="nameAlias" targOrder="Y" targets="t19081110-name-109 t19081110-alias-3"/>Henry Williams</rs> </persName>; that 11 days after his re
<lb/>lease</p>
<xptr type="pageFacsimile" doc="190811100026"/>
<p>from Reading on August 31, 1907, he was arrested and sen
<lb/>tenced to 12 months' hard labour; on October 18, 1907, for attempted housebreaking, and that he came out from that conviction on July 18, 1908. Witness added that he had known prisoner for about four years, and that during that time he had never done a stroke of work and was the associate of a lot of thieves who frequented Penton Street and the neighbourhood of the "Angel."</p>
<p>Sentence,
<rs id="t19081110-24-punishment-24" type="punishmentDescription">
<interp inst="t19081110-24-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-24-punishment-24" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-24-19081110 t19081110-24-punishment-24"/>Five years' penal servitude</rs>.</p>
<p>The Grand Jury expressed their opinion that the pawnbroker's assistant had acted with great sagacity in the matter, a commendation in which the Common Serjeant concurred. The Jury desired to com
<lb/>mend the police officers in the case for the very prompt way in which they had brought the prisoner to justice.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE LUMLEY SMITH</hi>.</p>
<p>(Wednesday, November 11.)</p> </div1>
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<interp inst="t19081110-25" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-25" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-25-charge-1" targOrder="Y" targets="def1-25-19081110 t19081110-25-offence-1 t19081110-25-verdict-1"/>
<p>
<persName id="def1-25-19081110" type="defendantName">
<interp inst="def1-25-19081110" type="gender" value="male"/>
<interp inst="def1-25-19081110" type="age" value="38"/>
<interp inst="def1-25-19081110" type="surname" value="TRACEY"/>
<interp inst="def1-25-19081110" type="given" value="RICHARD"/>
<interp inst="def1-25-19081110" type="occupation" value="accountant"/>
<hi rend="largeCaps">TRACEY</hi>, Richard (38, accountant)</persName>
<rs id="t19081110-25-verdict-1" type="verdictDescription">
<interp inst="t19081110-25-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-25-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
<rs id="t19081110-25-offence-1" type="offenceDescription">
<interp inst="t19081110-25-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19081110-25-offence-1" type="offenceSubcategory" value="fraud"/>,of obtaining by false pretences on
<rs id="t19081110-cd-19" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-25-offence-1 t19081110-cd-19"/>April 11, 1908</rs>, a certain valuable security—to wit, a cheque for the sum of £51 5s., from
<persName id="t19081110-name-111" type="victimName">
<interp inst="t19081110-name-111" type="gender" value="male"/>
<interp inst="t19081110-name-111" type="surname" value="WHITBY"/>
<interp inst="t19081110-name-111" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-25-offence-1 t19081110-name-111"/>William Whitby</persName>; on
<rs id="t19081110-cd-20" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-25-offence-1 t19081110-cd-20"/>April 15, 1908</rs>, a certain valuable security—to wit, a cheque for the sum of £52 10s., from
<persName id="t19081110-name-112" type="victimName">
<interp inst="t19081110-name-112" type="gender" value="male"/>
<interp inst="t19081110-name-112" type="surname" value="LINTERN"/>
<interp inst="t19081110-name-112" type="given" value="REGINALD CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-25-offence-1 t19081110-name-112"/>Reginald Charles Lintern</persName>; on
<rs id="t19081110-cd-21" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-25-offence-1 t19081110-cd-21"/>June 27, 1908</rs>, a certain valuable security—to wit, a cheque for the sum of £35 12s. 3d., from
<persName id="t19081110-name-113" type="victimName">
<interp inst="t19081110-name-113" type="gender" value="male"/>
<interp inst="t19081110-name-113" type="surname" value="FOGDEN"/>
<interp inst="t19081110-name-113" type="given" value="WALTER"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-25-offence-1 t19081110-name-113"/>Walter Fogden</persName>; on
<rs id="t19081110-cd-22" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-25-offence-1 t19081110-cd-22"/>August 22, 1908</rs>, a certain valu
<lb/>able security—to wit, a cheque for the sum of £90 10s., from
<persName id="t19081110-name-114" type="victimName">
<interp inst="t19081110-name-114" type="gender" value="female"/>
<interp inst="t19081110-name-114" type="surname" value="MANDEVILLE"/>
<interp inst="t19081110-name-114" type="given" value="SARAH CECILIA"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-25-offence-1 t19081110-name-114"/>Sarah Cecilia Mandeville</persName>, in each case with intent to defraud. Having been entrusted with certain property—to wit, a cheque for £51 5s., by
<persName id="t19081110-name-115" type="victimName">
<interp inst="t19081110-name-115" type="gender" value="male"/>
<interp inst="t19081110-name-115" type="surname" value="WHITBY"/>
<interp inst="t19081110-name-115" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-25-offence-1 t19081110-name-115"/>William Whitby</persName>, on
<rs id="t19081110-cd-23" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-25-offence-1 t19081110-cd-23"/>April 11, 1908</rs>; a cheque for £52 10s., by
<persName id="t19081110-name-116" type="victimName">
<interp inst="t19081110-name-116" type="gender" value="male"/>
<interp inst="t19081110-name-116" type="surname" value="LINTERN"/>
<interp inst="t19081110-name-116" type="given" value="REGINALD CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-25-offence-1 t19081110-name-116"/>Regi
<lb/>nald Charles Lintern</persName>. on
<rs id="t19081110-cd-24" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-25-offence-1 t19081110-cd-24"/>April 15, 1908</rs>; a cheque for £35 12s. 3d., by
<persName id="t19081110-name-117" type="victimName">
<interp inst="t19081110-name-117" type="gender" value="male"/>
<interp inst="t19081110-name-117" type="surname" value="FOGDEN"/>
<interp inst="t19081110-name-117" type="given" value="WALTER"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-25-offence-1 t19081110-name-117"/>Walter Fogden</persName>, on
<rs id="t19081110-cd-25" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-25-offence-1 t19081110-cd-25"/>June 27, 1908</rs>; and a cheque for £90 10s., by
<persName id="t19081110-name-118" type="victimName">
<interp inst="t19081110-name-118" type="gender" value="female"/>
<interp inst="t19081110-name-118" type="surname" value="MANDEVILLE"/>
<interp inst="t19081110-name-118" type="given" value="SARAH CECILIA"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-25-offence-1 t19081110-name-118"/>Sarah Cecilia Mandeville</persName>, on
<rs id="t19081110-cd-26" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-25-offence-1 t19081110-cd-26"/>August 22. 1908</rs>, in order that he might apply the same for a certain purpose, that is to say, for the purpose of purchasing certain shares, did fraudulently convert to his own use and benefit the said cheques for £35 12s. 3d. and £90 10s. and the sums of £44 1s. 6d. and £45 3s., part of the proceeds of the said cheques for £51 5s. and £52 10s. respectively.</rs> </p>
<p>Mr. Bodkin prosecuted.</p>
<p>From October, 1907, up to the autumn of this year prisoner traded as Tracey, Miller, and Co., in Sackville Street, who described them
<lb/>selves as accountants and auditors, and as Miller and Co., at 110, Strand. The system of fraud was precisely the same in all cases. Prisoner obtained the names and addresses of ladies and gentlemen who held shares in certain small trading or private companies which were not well known or quoted upon the Stock Exchange, and sent to such shareholders circulars stating that he, in the winding up of an estate, or some other source, had a small block of shares in the particular company which the persons circularised then held, to dis
<lb/>pose of at a low price, and that it was necessary for the person cir
<lb/>cularised</p>
<xptr type="pageFacsimile" doc="190811100027"/>
<p>to answer rapidly and enclose their cheque is payment for the shares. In this way he obtained the cheques, the subject of the charges, which he promptly cashed. In no case were there any shares which prisoner had for disposal. There were a great number of other cases discovered by the police of a precisely similar kind.</p>
<p>Prisoner said he had had offices in the Strand for the last four years as an accountant, and, with the exception of an affair which the police discovered in connection with an appointment he held in Harley Street and which, was not made the subject of criminal pro
<lb/>ceedings, there had never been anything against him. At the end of last year things were very bad with him in business, and it was a question of either giving up or taking on some other business, and it occurred to him to deal in these shares, which were in industrial companies and which were quoted at a very wide margin. If he could bring buyer and seller together there was a good business to be done. The mistake he had made was in embarking in the business with insufficient capital, but at the same time he was trying to get capital. The companies were good ones, but he found there were more buyers than sellers, and whilst waiting to get the sellers to come; along, so that he could get his legitimate profit, he had no capital to fall back upon.</p>
<p>Sentence,
<rs id="t19081110-25-punishment-25" type="punishmentDescription">
<interp inst="t19081110-25-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-25-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-25-19081110 t19081110-25-punishment-25"/>Twelve months' imprisonment</rs>, second division.</p> </div1>
<div1 type="trialAccount" id="t19081110-26">
<interp inst="t19081110-26" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-26" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-26-charge-1" targOrder="Y" targets="def1-26-19081110 t19081110-26-offence-1 t19081110-26-verdict-1"/>
<join result="criminalCharge" id="t19081110-26-charge-2" targOrder="Y" targets="def2-26-19081110 t19081110-26-offence-1 t19081110-26-verdict-1"/>
<p>
<persName id="def1-26-19081110" type="defendantName">
<interp inst="def1-26-19081110" type="gender" value="male"/>
<interp inst="def1-26-19081110" type="age" value="25"/>
<interp inst="def1-26-19081110" type="surname" value="MARTINEZ"/>
<interp inst="def1-26-19081110" type="given" value="FRANCISCO PERSEZ"/>
<interp inst="def1-26-19081110" type="occupation" value="waiter"/>
<hi rend="largeCaps">MARTINEZ</hi>, Francisco Persez (25, waiter)</persName>, and
<persName id="def2-26-19081110" type="defendantName">
<interp inst="def2-26-19081110" type="gender" value="male"/>
<interp inst="def2-26-19081110" type="age" value="20"/>
<interp inst="def2-26-19081110" type="surname" value="SAUNDERS"/>
<interp inst="def2-26-19081110" type="given" value="HAROLD"/>
<interp inst="def2-26-19081110" type="occupation" value="clerk"/>
<hi rend="largeCaps">SAUNDERS</hi>, Harold (20, clerk)</persName>
<rs id="t19081110-26-verdict-1" type="verdictDescription">
<interp inst="t19081110-26-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-26-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
<rs id="t19081110-26-offence-1" type="offenceDescription">
<interp inst="t19081110-26-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19081110-26-offence-1" type="offenceSubcategory" value="sodomy"/>, of committing acts of gross inde
<lb/>cency with each other.</rs> </p>
<p>Sentence. Each,
<rs id="t19081110-26-punishment-26" type="punishmentDescription">
<interp inst="t19081110-26-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-26-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-26-19081110 t19081110-26-punishment-26"/>Two months' imprisonment in second division</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-27">
<interp inst="t19081110-27" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-27" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-27-charge-1" targOrder="Y" targets="def1-27-19081110 t19081110-27-offence-1 t19081110-27-verdict-1"/>
<p>
<persName id="def1-27-19081110" type="defendantName">
<interp inst="def1-27-19081110" type="gender" value="male"/>
<interp inst="def1-27-19081110" type="age" value="44"/>
<interp inst="def1-27-19081110" type="surname" value="WILLIAMS"/>
<interp inst="def1-27-19081110" type="given" value="JOHN"/>
<interp inst="def1-27-19081110" type="occupation" value="tailor"/>
<hi rend="largeCaps">WILLIAMS</hi>, John, otherwise
<rs id="t19081110-alias-4" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-27-19081110 t19081110-alias-4"/> Arthur Shepherd </rs>(44, tailor)</persName>
<rs id="t19081110-27-offence-1" type="offenceDescription">
<interp inst="t19081110-27-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19081110-27-offence-1" type="offenceSubcategory" value="extortion"/>, de
<lb/>manding with menaces money from
<persName id="t19081110-name-122" type="victimName">
<interp inst="t19081110-name-122" type="gender" value="female"/>
<interp inst="t19081110-name-122" type="surname" value="WILDERMUTH"/>
<interp inst="t19081110-name-122" type="given" value="ELLEN SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-27-offence-1 t19081110-name-122"/>Ellen Sarah Wildermuth</persName>, with intent to steal the same.</rs> </p>
<p>Mr. Graham Mould and Mr. G.M. Hilbery prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-123" type="witnessName">
<interp inst="t19081110-name-123" type="gender" value="female"/>
<interp inst="t19081110-name-123" type="surname" value="WILDERMUTH"/>
<interp inst="t19081110-name-123" type="given" value="ELLEN SARAH"/>ELLEN SARAH WILDERMUTH</persName> </hi>, Wildermuth House, Wentworth Street, E. I am a widow. My house is used as a common lodging house, and I have an interest in it. I live on the premises. My rooms are separated from the rest of the house. I have four room on the flat. I do not remember the date of the first time I saw the prisoner; I think it was in May. I was in the office where the money is taken when he came in and said, "I want to see Mrs. Wildermuth." I did not know the man and I said, "Mrs. Wildermuth is not here," and he said, "I will come back before 12 to-night; that will be time for me to see her." He did not come back. The next occasion I saw him was on July 2, at a quarter to eight in the morning. He rang at my private door, the servant opened it, and she told me that the man that had been so frequently calling there wished to see me. I first took the precaution of taking out of the hall-stand drawer a revolver, because I knew who it was I expected to see and I opened the door and I said to him, "What do you want?" I was then in the sitting or general living room. He was outside the door. He said, "My dear, you do not answer my letters. I want some money; you</p>
<xptr type="pageFacsimile" doc="190811100028"/>
<p>have plenty, and I shall share it, if not I will rip your (swearing) guts up." I brought the revolver from behind me and I said, "I am not frightened of you, I have this." He got in a great rage and said, "I will lie in wait for you wherever you go and I shall swing for you." Then he went away. There was another person in the sitting room; she heard. Her name is Rebecca Edgart. The prisoner could not see this other person. After that I went to Commercial Street Police Station and told the Inspector in charge there. He advised me to go to Old Street and apply for a warrant, which was granted. I have five children—one girl and four boys; the eldest boy is a cadet in the merchant service, the second is at college at Wolverhampton, me third is at the City of London School. I have no sister. There is no Alice Wildermuth. No woman named Alice Wildermuth has ever lived at Wildermuth House. The four letters produced now were received by me and are spread over a period of about 12 months.</p>
<p>To Prisoner. I have been proprietress of this house about 10 years. I was not in Mr. Wildermuth's employ as a servant. On his death I did not marry his son. I remember the time of Mr. Wildermuth's death. I do not remember you living there then; I know nothing about you at all. My husband engaged Mr. Davis; I did not. The reason I did not take proceedings on receiving the ob
<lb/>jectionable letters was that they were too disgusting to show in public. I only did it when my life was threatened by you. You made my life a misery for 12 months. I have no relative named Alice Wildermuth. The statement I made to the magistrate is the same as I make to-day.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-124" type="witnessName">
<interp inst="t19081110-name-124" type="gender" value="female"/>
<interp inst="t19081110-name-124" type="surname" value="EDGART"/>
<interp inst="t19081110-name-124" type="given" value="REBECCA"/>REBECCA EDGART</persName> </hi>, 32, Brick Lane, E. I am a neighbour of Mrs. Wildermuth. On July 2 last I was in the sitting-room at Wilder
<lb/>muth House. Mrs. Wildermuth was called to the door. I was able to hear and see from where I was standing. The hall by the front door is partitioned off with a glass partition. She asked what he wanted. He said, "Money," she had plenty and he should share it. He said if he did not get it he would rip her so-and-so guts up. She said she was not frightened of him and he said he would swing for her. There was nothing mentioned about the letters, but I know Mrs. Wildermuth received letters.</p>
<p>To Prisoner. There is a glass door attached to Mrs. Wildermuth's private residence. People standing in the street cannot see into the room; it divides the sitting-room from the hall. I was standing by the door in the sitting-room. The servant opened the door, shut it again, and called Mrs. Wildermuth and told her you were there. She knew you because you had called before. I do not know you. I have been in custody for buying a bit of cloth. I was dismissed. when I was sent for trial Mrs. Wildermuth stood bail for me. I have a great respect for her. I do not know what you mean by. "you would not hesitate to get her out of a corner." I am only here to tell the truth.</p>
<p>Detective
<hi rend="smallCaps">RUTTER</hi>, H Division. On September 9, at nine p.m., I went to Rowton House, Fieldgate Street, Whitechapel. I saw pri
<lb/>soner. I told prisoner I was a police officer and that I was going to arrest him on a warrant. He said. "Who is going to charge me? I</p>
<xptr type="pageFacsimile" doc="190811100029"/>
<p>know Alice Wildermuth; she loves me too much. I have not written her any letters for some days now. I know the letters I wrote to her were very thick. The last one with hair in it was very thick. The hair was for him to put on his bald head. I did received a letter making an appointment. I knew it was not Alice's writing, so I did not keep it. She has given me money, you know. I have seen her every day for the last month. It would be a good thing for me to get hold of her; she has got a couple of thousand pounds behind her. I shall tell the magistrate all about it." Prisoner, was taken to the Commercial Street Police Station, and in answer to the charge he said, "I know Alice will not charge me; she loves me too much. That is right, sir. I wrote the letters to her; the last one was very thick." Then he appeared before the magistrate next morning and was remanded at Old Street until August 17, 1908. and at the police court the prisoner requested me to take the following down and give to the magistrate: "Williams states that he always wrote to Alice, the one that had the child by Davis. She is now living with him. I went to Wildermuth House about three months ago to see Alice Wildermuth. I was threatened with a revolver by a woman I do not know. She is not the woman that I wrote to."</p>
<p>To Prisoner. The warrant was granted at Old Street Police Court on July 3, and I had the inquiry in hand about four days before the information was laid before the Magistrate. The only letter I have read is the one that is on the depositions, which I submitted with the information. I am not acquainted with the construction of the upstairs part of the lodg
<lb/>ing-house, but I can explain what you want to know about the down part. I called at the private side. The door leading from the street opens from the inside, is a glass panel constructed so that it covers the door entirely; anyone inside the room can see who is at the door through the glass, and then it enters into a big room into the kitchen. I do not know where the bedroom is. There is another room; whether it is a bedroom I do not know. I do not know where Mr. Davis lives; I know his office. I know nothing about the construction of the door of the private apartment of Mrs. Wildermuth. If she was in the room she could see you. The moment the door is opened you can see through the glass. I do not know that the door was shut at the time. The reason I did not arrest you before was because I could not drop across you. If you had answered the letter I caused to be written you would have found me; I should have had you. You did not put in an appearance for hours, or I should have had you. I have not seen the letters, so I do not know that they are dated from Rowton House. You must remember I knew you in the name of Arthur Shephard not as Wil
<lb/>liams. I have made inquiries, and all the witnesses are here that you asked to be brought here. Alice Wildermuth is not here; she never existed. There is no woman to my knowledge living with the deputy: there is only the last witness and her servant. I do not know whether Alice or Eliza Wildermuth ever existed or had a child or not. I have never seen the woman referred to by you. I am in a position to say that evidence can be called to show that Ellen Wilder
<lb/>muth</p>
<xptr type="pageFacsimile" doc="190811100030"/>
<p>never had a sister. I do not know whether she has a sister-in-law. The witnesses you asked me to call are all here to-day. Murphy's wife is not in a condition to be here.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-125" type="witnessName">
<interp inst="t19081110-name-125" type="gender" value="male"/>
<interp inst="t19081110-name-125" type="surname" value="DAVIS"/>
<interp inst="t19081110-name-125" type="given" value="ARTHUR"/>ARTHUR DAVIS</persName> </hi>. I am managing man at Wildermuth House. I have been there 4 1/2 years. So far as I know, there never was a person named Alice living there. I do not remember you living there. There are plenty of Williamses there. On my oath I do not remember you. No woman has swept out the office since I have been there: a man does it. I do not remember you calling there at all. I could not say I have seen letters that came from you lately; I believe they came from you. Mrs. Wildermuth did not tell me she received letters from you. She showed me one and the handwriting was very similar. It was addressed to Mrs. Wildermuth, nee Davis, Wildermuth House. I did not read it.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-126" type="witnessName">
<interp inst="t19081110-name-126" type="gender" value="male"/>
<interp inst="t19081110-name-126" type="surname" value="WILLIAMS"/>
<interp inst="t19081110-name-126" type="given" value="JOHN"/>JOHN WILLIAMS</persName> </hi> (prisoner, on oath). It is about three years since I first lived at Wildermuth House. At that time I became acquainted with a woman who represented herself to me to be Alice Wilder
<lb/>muth. She had just been left a widow and we became very friendly together. As a matter of fact we were engaged to be married, but in consequence of her conduct with this man Davis, who had been there some time as what they call the deputy of this common lodging-house, I left her and saw no more of her for some months. One day I called there, and she was sweeping the floor up and this Davis was standing by her. As I passed through she said, "Here's my Jack." She asked me to take her away from Davis. She said Davis was a beast, but in consequence her condition I had nothing to do with her. Some weeks afterwards I went to Oxford, took some employment there, and was arrested there as a suspected person, and it was while in Oxford Prison I thought over the matter, and I thought she seemed sorry for what she had done and I wrote that letter you have read. I wrote to Mrs. Woolf, who keeps the general shop, to try and save her from this man. The woman who has been in the box here I do not know at all. I never saw her; she is not the woman that had charge of the house when I lived there. This Alice is some relation to her, and for some reason of her own this Ellen Sarah, as she calls herself, is doing her best to put me out of the way that I might not have anything to do with Alice. I saw her repeatedly before I was charged, and I am on friendly terms with Alice. She is a blue
<lb/>eyed little woman, and she has got a motor-car and rides about in it. I know if I had wanted money she would have given it me. You will see from these letters I never dreamt of asking her for money. It is a conspiracy to get me out of the way. I never thought of asking her for money. I saw her last May on my liberation from Oxford; she was on the station to meet me at Oxford. The Chaplain at Oxford Prison, if he had been able to attend, would be able to tell you and distinguish between the woman he saw at Oxford and the woman who is giving evidence</p>
<xptr type="pageFacsimile" doc="190811100031"/>
<p>against me. She is as much like Alice Wildermuth, who is a fair, blue
<lb/>eyed, little woman, as chalk is like cheese; one is dark and the other is fair. On my oath I have never threatened the woman at all who represents herself as the owner of Wildermuth House, I went one morning to see Alice when this one flew out on me with a revolver. I said, "I want to see Mrs. Wildermuth," that is Alice. She presented the revolver and said, "I will blow your b——brains out if you come here after her." Of course, I went away. As a matter of fact, I went to take the revolver from her, but she put it behind her. The revolver was loaded. It is evident she meant to injure me on account of her relative, this Alice. She would not answer the question who was the person who was sharing this house with her. She has got a relative; I believe it is her sister-in-law. There is one of those letters I lost my temper over and used language that this Davis used to her when I stayed there. I do not defend that language. The letters are merely love letters, most of them are love letters.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-127" type="witnessName">
<interp inst="t19081110-name-127" type="gender" value="male"/>
<interp inst="t19081110-name-127" type="surname" value="BARTON"/>
<interp inst="t19081110-name-127" type="given" value="JOHN"/>JOHN BARTON</persName> </hi>, general dealer. On July 2 I was with prisoner when the bell was rung, the door was opened, immediately shut and opened again. I saw a lady come out with a revolver in her hand. They had a few words together. I could not pick up what they were talking about. Prisoner went away; the lady went indoors and came back with a stick in her hand and asked somebody to fetch a con
<lb/>stable. I walked round the corner. I did not hear exactly the words that were used between prisoner and Mrs. Wildermuth; they were jangling. To Prisoner. I did not hear you use threats. If there had been anything said I should have heard it; I was five or six yards from you.</p>
<p>Cross-examined. My present, occupation is general dealer. I have no premises. I go out with a pony and barrow and buy things.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-128" type="witnessName">
<interp inst="t19081110-name-128" type="gender" value="male"/>
<interp inst="t19081110-name-128" type="surname" value="PAYNE"/>
<interp inst="t19081110-name-128" type="given" value="HENRY WILLIAM"/>HENRY WILLIAM PAYNE</persName> </hi>. I am a licensed victualler and keep the "Archers." (To the Prisoner.) I do not recollect your coming into my house fourteen or fifteen months ago followed shortly after by Mr. Davis, or his having any conversation with me about Mrs. Wildermuth. I do not know Mrs. Wildermuth personally, only by sight. Mrs. Wildermuth has been living at Wildermuth House longer than I can remember; she was there when I came to White-chapel. I do not know anything about a stout blue-eyed woman. I know Mr. Davis; he has used my house occasionally.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-129" type="witnessName">
<interp inst="t19081110-name-129" type="gender" value="male"/>
<interp inst="t19081110-name-129" type="surname" value="MURPHY"/>
<interp inst="t19081110-name-129" type="given" value="RICHARD"/>RICHARD MURPHY</persName> </hi>, labourer. I do not remember prisoner living at Wildermuth House three years ago when I was watchman there. My wife knows nothing about it except with regard to opening the door.</p>
<p>Verdict,
<rs id="t19081110-27-verdict-1" type="verdictDescription">
<interp inst="t19081110-27-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-27-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Numerous previous convictions were proved against the prisoner.</p>
<p>Sentence,
<rs id="t19081110-27-punishment-27" type="punishmentDescription">
<interp inst="t19081110-27-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-27-punishment-27" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-27-19081110 t19081110-27-punishment-27"/>Two years' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-28">
<interp inst="t19081110-28" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-28" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-28-charge-1" targOrder="Y" targets="def1-28-19081110 t19081110-28-offence-1 t19081110-28-verdict-1"/>
<p>
<persName id="def1-28-19081110" type="defendantName">
<interp inst="def1-28-19081110" type="gender" value="male"/>
<interp inst="def1-28-19081110" type="surname" value="COHEN"/>
<interp inst="def1-28-19081110" type="given" value="ABRAHAM"/>
<hi rend="largeCaps">COHEN</hi>, Abraham</persName>
<rs id="t19081110-28-offence-1" type="offenceDescription">
<interp inst="t19081110-28-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19081110-28-offence-1" type="offenceSubcategory" value="fraud"/>; in incurring a debt and liability to the
<persName id="t19081110-name-131" type="victimName">
<interp inst="t19081110-name-131" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-28-offence-1 t19081110-name-131"/>London Woollen Company</persName> to the amount of £70 8s. 6d., did obtain credit by meant of fraud.</rs> </p>
<p>Mr. C.F. Gill, K.C., and Mr. J.P. Valetta prosecuted</p>
<xptr type="pageFacsimile" doc="190811100032"/>
<p>Mr. Travers Humphreys defended.</p>
<p>Mr. Gill said that it would be hopeless to ask the jury to find a verdict of Guilty in this case and he would offer no evidence.</p>
<p>Verdict,
<rs id="t19081110-28-verdict-1" type="verdictDescription">
<interp inst="t19081110-28-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19081110-28-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<p>
<hi rend="smallCaps">BEFORE the</hi>
<hi rend="largeCaps">LORD CHIEF JUSTICE</hi>.</p>
<p>(November 10, 11, 12 and 13.)</p> </div1>
<div1 type="trialAccount" id="t19081110-29">
<interp inst="t19081110-29" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-29" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-29-charge-1" targOrder="Y" targets="def1-29-19081110 t19081110-29-offence-1 t19081110-29-verdict-1"/>
<join result="criminalCharge" id="t19081110-29-charge-2" targOrder="Y" targets="def2-29-19081110 t19081110-29-offence-1 t19081110-29-verdict-1"/>
<p>
<persName id="def1-29-19081110" type="defendantName">
<interp inst="def1-29-19081110" type="gender" value="male"/>
<interp inst="def1-29-19081110" type="age" value="45"/>
<interp inst="def1-29-19081110" type="surname" value="GYDE"/>
<interp inst="def1-29-19081110" type="given" value="HENRY WARWICK"/>
<interp inst="def1-29-19081110" type="occupation" value="financier"/>
<hi rend="largeCaps">GYDE</hi>, Henry Warwick (45, financier)</persName>, and
<persName id="def2-29-19081110" type="defendantName">
<interp inst="def2-29-19081110" type="gender" value="male"/>
<interp inst="def2-29-19081110" type="age" value="35"/>
<interp inst="def2-29-19081110" type="surname" value="BERNARD"/>
<interp inst="def2-29-19081110" type="given" value="MARCUS EDWARD SEPTIMUS"/>
<interp inst="def2-29-19081110" type="occupation" value="accountant"/>
<hi rend="largeCaps">BERNARD</hi>, Marcus Edwd. Septimus (35, accountant).</persName>
<rs id="t19081110-29-offence-1" type="offenceDescription">
<interp inst="t19081110-29-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19081110-29-offence-1" type="offenceSubcategory" value="fraud"/> Both conspiring with one
<persName id="t19081110-name-134">
<interp inst="t19081110-name-134" type="gender" value="male"/>
<interp inst="t19081110-name-134" type="surname" value="DARBY"/>
<interp inst="t19081110-name-134" type="given" value="WALTER"/>Walter Darby</persName>, by false pretences to defraud such of His Majesty's liege subjects as should be induced to purchase debentures and become debenture holders in certain public companies called the
<persName id="t19081110-name-135" type="victimName">
<interp inst="t19081110-name-135" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-29-offence-1 t19081110-name-135"/>Welsh Slate Quarries, Limited</persName>, and the
<persName id="t19081110-name-136" type="victimName">
<interp inst="t19081110-name-136" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-29-offence-1 t19081110-name-136"/>North Wales Slate Quarries, Limited</persName>, of their moneys and valuable securities. Both unlawfully obtaining by false pretences from
<persName id="t19081110-name-137" type="victimName">
<interp inst="t19081110-name-137" type="gender" value="male"/>
<interp inst="t19081110-name-137" type="surname" value="SELF"/>
<interp inst="t19081110-name-137" type="given" value="JOHN DAWSON"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-29-offence-1 t19081110-name-137"/>John Dawson Self</persName> banker's cheques for £180 and £210 respectively, and £390 in money; from
<persName id="t19081110-name-138" type="victimName">
<interp inst="t19081110-name-138" type="gender" value="male"/>
<interp inst="t19081110-name-138" type="surname" value="HEYWOOD"/>
<interp inst="t19081110-name-138" type="given" value="JOSHUA"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-29-offence-1 t19081110-name-138"/>Joshua Heywood</persName> banker's cheques for £18, £29 5s. and £45 respectively, and £92 5s. in money; from
<persName id="t19081110-name-139" type="victimName">
<interp inst="t19081110-name-139" type="gender" value="male"/>
<interp inst="t19081110-name-139" type="surname" value="ORME"/>
<interp inst="t19081110-name-139" type="given" value="FIELDER"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-29-offence-1 t19081110-name-139"/>Fielder Orme</persName> banker's cheques for £90, £280 and £90 respectively, and £460 in money; from
<persName id="t19081110-name-140" type="victimName">
<interp inst="t19081110-name-140" type="gender" value="male"/>
<interp inst="t19081110-name-140" type="surname" value="FARROW"/>
<interp inst="t19081110-name-140" type="given" value="ALBERT EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-29-offence-1 t19081110-name-140"/>Albert Edward Farrow</persName> banker's cheques for £99 and £90 respectively and £189 in money; from
<persName id="t19081110-name-141" type="victimName">
<interp inst="t19081110-name-141" type="gender" value="male"/>
<interp inst="t19081110-name-141" type="surname" value="BARLOW"/>
<interp inst="t19081110-name-141" type="given" value="ALFRED ERNEST"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-29-offence-1 t19081110-name-141"/>Alfred Ernest Barlow</persName> a banker's cheque for £18 and £18 in money; from
<persName id="t19081110-name-142" type="victimName">
<interp inst="t19081110-name-142" type="gender" value="female"/>
<interp inst="t19081110-name-142" type="surname" value="GOODWIN"/>
<interp inst="t19081110-name-142" type="given" value="LUCRETIA"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-29-offence-1 t19081110-name-142"/>Lucretia Goodwin</persName> banker's cheques for £98 15s., £90 and £40 respectively, and £228 15s. in money; from George Fentress banker's cheques for £80 and £50 respectively, and £130 in money, and from
<persName id="t19081110-name-143" type="victimName">
<interp inst="t19081110-name-143" type="gender" value="female"/>
<interp inst="t19081110-name-143" type="surname" value="PRICE"/>
<interp inst="t19081110-name-143" type="given" value="JANE"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-29-offence-1 t19081110-name-143"/>Jane Price</persName> a banker's cheque for £42 10s. and £42 10s. in money, in each case with intent to defraud.</rs> </p>
<p>Mr. Muir, Mr. Travers Humphreys, Mr. Graham-Campbell and Mr. Bigham prosecuted; Mr. George Elliott and Mr. S.H. Lamb defended.</p>
<p>The accused were tried at the October Sessions (see preceding volume. p. 903), when the jury disagreed. The evidence was now substantially repeated.</p>
<p>Verdict,
<rs id="t19081110-29-verdict-1" type="verdictDescription">
<interp inst="t19081110-29-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-29-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Gyde confessed to having been convicted at this Court in 1901 of obtaining money and a valuable security by false pretences, re
<lb/>ceiving five years' penal servitude. It was stated that since Gyde had been released he had been engaged in a series of promotions of bankrupt companies by which upwards of £55, 000 had been obtained from the public in four years.</p>
<p>The Lord Chief Justice said he had seriously considered whether he should not pass cumulative sentences upon Gyde, but he thought it right to assume that all the present frauds arose out of the one transaction.</p>
<p>Sentence, Gyde,
<rs id="t19081110-29-punishment-28" type="punishmentDescription">
<interp inst="t19081110-29-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-29-punishment-28" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-29-19081110 t19081110-29-punishment-28"/>Five years' penal servitude</rs>; Bernard,
<rs id="t19081110-29-punishment-29" type="punishmentDescription">
<interp inst="t19081110-29-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-29-punishment-29" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-29-19081110 t19081110-29-punishment-29"/>Twelve months' hard labour.</rs> </p>
<xptr type="pageFacsimile" doc="190811100033"/>
<p>
<hi rend="smallCaps">BEFORE MR</hi>.
<hi rend="largeCaps">JUSTICE BIGHAM</hi>.</p>
<p>(Thursday, November 12.)</p> </div1>
<div1 type="trialAccount" id="t19081110-30">
<interp inst="t19081110-30" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-30" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-30-charge-1" targOrder="Y" targets="def1-30-19081110 t19081110-30-offence-1 t19081110-30-verdict-2"/>
<join result="criminalCharge" id="t19081110-30-charge-2" targOrder="Y" targets="def1-30-19081110 t19081110-30-offence-2 t19081110-30-verdict-1"/>
<p>
<persName id="def1-30-19081110" type="defendantName">
<interp inst="def1-30-19081110" type="gender" value="male"/>
<interp inst="def1-30-19081110" type="age" value="56"/>
<interp inst="def1-30-19081110" type="surname" value="LEANING"/>
<interp inst="def1-30-19081110" type="given" value="GEORGE"/>
<interp inst="def1-30-19081110" type="occupation" value="french polisher"/>
<hi rend="largeCaps">LEANING</hi>, George (56. french polisher)</persName>
<rs id="t19081110-30-offence-1" type="offenceDescription">
<interp inst="t19081110-30-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19081110-30-offence-1" type="offenceSubcategory" value="manslaughter"/>; manslaughter of
<persName id="t19081110-name-145" type="victimName">
<interp inst="t19081110-name-145" type="gender" value="female"/>
<interp inst="t19081110-name-145" type="age" value="59"/>
<interp inst="t19081110-name-145" type="surname" value="LEANING"/>
<interp inst="t19081110-name-145" type="given" value="SARAH"/>
<interp inst="t19081110-name-145" type="occupation" value="laundry worker"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-30-offence-1 t19081110-name-145"/>Sarah Leaning</persName>.</rs> (Prisoner had also been indicted for and
<rs id="t19081110-30-offence-2" type="offenceDescription">
<interp inst="t19081110-30-offence-2" type="offenceCategory" value="kill"/>
<interp inst="t19081110-30-offence-2" type="offenceSubcategory" value="murder"/>charged on the coroner's inquisition with the wilful murder of
<persName id="t19081110-name-146" type="victimName">
<interp inst="t19081110-name-146" type="gender" value="female"/>
<interp inst="t19081110-name-146" type="surname" value="LEANING"/>
<interp inst="t19081110-name-146" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-30-offence-2 t19081110-name-146"/>Sarah Leaning</persName> </rs>;
<rs id="t19081110-30-verdict-1" type="verdictDescription">
<interp inst="t19081110-30-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19081110-30-verdict-1" type="verdictSubcategory" value="noEvidence"/>the Grand Jury returned no bill on this indictment, and the prosecu
<lb/>tion offered no evidence on the charge on the inquisition.)</rs> </p>
<p>Mr. Graham-Campbell and Mr. A.S. Carr prosecuted; Mr. Huntly Jenkins defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-147" type="witnessName">
<interp inst="t19081110-name-147" type="gender" value="female"/>
<interp inst="t19081110-name-147" type="surname" value="CAIRNS"/>
<interp inst="t19081110-name-147" type="given" value="ELLEN"/>ELLEN CAIRNS</persName> </hi>, 5, Connaught Road, Chingford. Sarah Leaning was my sister; she had been married to prisoner about 36 years; she worked at a laundry; he was a french polisher; she was 59 years old.</p>
<p>Cross-examined. They lived quite happily and affectionately together. My sister had a hasty temper.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-148" type="witnessName">
<interp inst="t19081110-name-148" type="gender" value="female"/>
<interp inst="t19081110-name-148" type="surname" value="CREED"/>
<interp inst="t19081110-name-148" type="given" value="ESTHER"/>ESTHER CREED</persName> </hi>, 40, Mardale Street, Hammersmith. Prisoner and his wife had lodged with me for five years. On September 26 I saw Mrs. Leaning go out just before 12; she returned in a short time. Prisoner came in just before four; he and his wife went out together; they came back, and a little later she went out alone. When she came back she was not sober; she was in drink. She went into her room, where prisoner was; I heard him say, "You have been having more drink"; I did not hear exactly her reply; there was a scuffle. Then the woman came out to me—prisoner at the same time leaving the house—and said, "I am dying"; she fell back into my husband's arms; there was blood coming from her mouth. I went out into the street and saw prisoner coming back; he said, "How is she—had the doctor been?" I said, "No"; then he went down and just looked into the door of the kitchen where Mrs. Leaning was, and went out again directly, returning shortly with Police-constable Riddle.</p>
<p>Cross-examined. When he said, "How is she?" he appeared very much upset and anxious; when I told him the doctor had not been he immediately went out again. When prisoner and his wife were not in drink they always lived happily together.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-149" type="witnessName">
<interp inst="t19081110-name-149" type="gender" value="male"/>
<interp inst="t19081110-name-149" type="surname" value="CREED"/>
<interp inst="t19081110-name-149" type="given" value="GEORGE"/>GEORGE CREED</persName> </hi>, husband of the last witness, generally confirmed her evidence, adding that prisoner told him, "It was an accident."</p>
<p>Police-constable
<hi rend="smallCaps">GEORGE RIDDLE</hi>, 658 T. On September 26, about 7.20, while I was on duty in Goldhawk Road, prisoner came to me and said he wished me to bring a doctor; he said, "I have stabbed my wife with the scissors; I did not intend to do it; she had her scissors in the right hand, and I wrenched them away with my left hand; I made a grab at her, and the scissors accidentally went into her back." I went to 40, Mardale Street, where I saw the woman; she was then dead; blood was coming from her mouth, and from a wound in her back. On the table I found the scissors produced. Prisoner seemed upset and excited.</p>
<p>
<persName id="t19081110-name-150" type="witnessName">
<interp inst="t19081110-name-150" type="gender" value="male"/>
<interp inst="t19081110-name-150" type="surname" value="CAREY"/>
<interp inst="t19081110-name-150" type="given" value="GEORGE"/>
<interp inst="t19081110-name-150" type="occupation" value="police constable"/>Police-constable
<hi rend="smallCaps">GEORGE CAREY</hi> </persName>, 482 T, who, with the last witness, saw prisoner, said that the latter made the following statement,</p>
<xptr type="pageFacsimile" doc="190811100034"/>
<p>"This is a pure accident, and this is how I done it (making a ges
<lb/>ture); I wanted to gain the scissors which my wife had; I got them away from her and shoved her with the same hand the scissors were in.</p>
<p>
<persName id="t19081110-name-151" type="witnessName">
<interp inst="t19081110-name-151" type="gender" value="male"/>
<interp inst="t19081110-name-151" type="surname" value="ALLERTON"/>
<interp inst="t19081110-name-151" type="given" value="BENJAMIN"/>
<interp inst="t19081110-name-151" type="occupation" value="police sergeant"/>Sergeant
<hi rend="smallCaps">BENJAMIN ALLERTON</hi> </persName>, T Division, produced the blouse that was worn by the woman at the time in question; it was blood
<lb/>stained, and had a hole in the back at the right shoulder.</p>
<p>
<persName id="t19081110-name-152" type="witnessName">
<interp inst="t19081110-name-152" type="gender" value="male"/>
<interp inst="t19081110-name-152" type="surname" value="surname"/>
<interp inst="t19081110-name-152" type="given" value="GEORGE"/>
<interp inst="t19081110-name-152" type="occupation" value="polie constable"/>Police-constable
<hi rend="smallCaps">GEORGE SANDRING</hi> </persName>, 666 T. On September 26, about nine p.m., I was in charge of prisoner at Askew Road Police Station. He volunteered a statement; I cautioned him; he said, "I will tell you all about it; I had 6d. in silver and 6d. in coppers; I gave it all to my wife; she went out to get some bloaters, but was gone a long time; I asked her what had made her gone so long; she started to nag me; I told her I would knock her b——head off; I started to put on my hat and coat, when she ran after me with the scissors; I took them away from her and tried to catch hold of her with the same hand which I held them in, when the scissors, went into her back; it was a pure accident; and I at once ran to Dr. Chambers, Goldhawk Road, and he told me he would not come unless the police came; then I told a policeman."</p>
<p>
<persName id="t19081110-name-153" type="witnessName">
<interp inst="t19081110-name-153" type="gender" value="male"/>
<interp inst="t19081110-name-153" type="surname" value="GROSCH"/>
<interp inst="t19081110-name-153" type="given" value="DANIEL"/>
<interp inst="t19081110-name-153" type="occupation" value="police inspector"/>Inspector
<hi rend="smallCaps">DANIEL GROSCH</hi> </persName>, T Division, said that when formally charged with murder prisoner said, "Of course the charge is read as it is, but there was never no intention of murder; it was done after taking the scissors away, it was done in twisting; there was no intention of anything; it is hard, after 36 years, to be so foolish." Prisoner was calm, but dejected, and evidently had been drinking.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-154" type="witnessName">
<interp inst="t19081110-name-154" type="gender" value="male"/>
<interp inst="t19081110-name-154" type="surname" value="CHAMBERS"/>
<interp inst="t19081110-name-154" type="given" value="HERBERT WILLIAM"/>HERBERT WILLIAM CHAMBERS</persName> </hi>, registered medical practitioner, 101, Goldhawk Road. On September 26 prisoner came to my house about 20 past seven p.m., and said a woman had been stabbed at 40, Mardale Street; he was obviously the worse for drink. I told him to fetch a policeman, and if the policeman thought it was necessary I would go at once; there was a constable on point duty a few yards from my house. Later I was fetched by a woman and went to 40, Mardale Road. When I arrived, about half-past seven, I saw the dead body of Mrs. Leaning; she had been dead only a few minutes; rigor mortis had not set in. The clothing she had on was stained with blood. I was shown the scissors produced, which also bore stains of blood. I found a wound in the centre of the back on a level with the angle of the shoulder blade. On September 29 I assisted Dr. Barnes in making a post-mortem examination; the cause of death was syncope, the result of hemorrhage. The wound was such as might have been caused by the scissors produced; its infliction would require decided force; the wound of entrance was half an inch in diameter, parallel with the spine, and 3 1/2 inches deep; it fitted with the scissors.</p>
<p>Cross-examined. I do not see how the wound could have been the result of an accident; there must have been a direct blow; it re
<lb/>quired considerable force to drive the scissors three inches through thick muscle.</p>
<xptr type="pageFacsimile" doc="190811100035"/>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-155" type="witnessName">
<interp inst="t19081110-name-155" type="gender" value="male"/>
<interp inst="t19081110-name-155" type="surname" value="BARNES"/>
<interp inst="t19081110-name-155" type="given" value="GEORGE"/>GEORGE BARNES</persName> </hi>, registered medical practitioner, 4, Wolverton Gardens, W., generally confirmed the evidence of the previous witness.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-156" type="witnessName">
<interp inst="t19081110-name-156" type="gender" value="male"/>
<interp inst="t19081110-name-156" type="surname" value="LEANING"/>
<interp inst="t19081110-name-156" type="given" value="GEORGE"/>GEORGE LEANING</persName> </hi> (prisoner, on oath). I had been married to the deceased for 36 years; except when she or I or both had had too much to drink we lived together on the best of terms. On the evening of September 26, about five o'clock I gave her some money—all I had—and she went out to get some bloaters; she was gone over an hour. I was sober at this time. On her return she looked very strange and I said, "What, have you been having some more drink?" she began using bad language; I jumped up and made to go out; she became quiet and I remained. Later on she again started abusing me; I went towards the door, when she rushed at me and pushed me face foremost on to the door. I turned round and saw the scissors in her hand. She was standing at the table. I wrenched the scissors from her, and at that time if I had wanted to I could have pushed the scissors right into her. As she moved a chair I felt the scissors catch something, and the whole weight of my arm was behind them. I said, "My God, what have I done?" She said, "Oh, oh, that's done it," and she walked across through the door. I flew from her in terror. I went for Dr. Chambers and he would not come. I then went for a policeman and eventually the doctor came; that must have been 25 minutes after the event.</p>
<p>Cross-examined. I admit that when she started nagging me I said I would knock her b———head off; that was to try to stop any further quarrelling.</p>
<p>Verdict,
<rs id="t19081110-30-verdict-1" type="verdictDescription">
<interp inst="t19081110-30-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-30-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty of manslaughter, but under severe provocation.</rs> </p>
<p>Sentence,
<rs id="t19081110-30-punishment-30" type="punishmentDescription">
<interp inst="t19081110-30-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-30-punishment-30" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-30-19081110 t19081110-30-punishment-30"/>Three years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-31">
<interp inst="t19081110-31" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-31" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-31-charge-1" targOrder="Y" targets="def1-31-19081110 t19081110-31-offence-1 t19081110-31-verdict-1"/>
<p>
<persName id="def1-31-19081110" type="defendantName">
<interp inst="def1-31-19081110" type="gender" value="male"/>
<interp inst="def1-31-19081110" type="age" value="21"/>
<interp inst="def1-31-19081110" type="surname" value="SPILLER"/>
<interp inst="def1-31-19081110" type="given" value="JAMES"/>
<interp inst="def1-31-19081110" type="occupation" value="labourer"/>
<hi rend="largeCaps">SPILLER</hi>, James (21, labourer)</persName>
<rs id="t19081110-31-offence-1" type="offenceDescription">
<interp inst="t19081110-31-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19081110-31-offence-1" type="offenceSubcategory" value="manslaughter"/>, indicted for and charged on coroner's inquisition with the manslaughter of
<persName id="t19081110-name-158" type="victimName">
<interp inst="t19081110-name-158" type="gender" value="male"/>
<interp inst="t19081110-name-158" type="surname" value="FLYNN"/>
<interp inst="t19081110-name-158" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-31-offence-1 t19081110-name-158"/>Edward Flynn</persName>.</rs> </p>
<p>Dr. W. N. Hibbert prosecuted; Mr. Muir and Mr. Bigham de
<lb/>fended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-159" type="witnessName">
<interp inst="t19081110-name-159" type="gender" value="male"/>
<interp inst="t19081110-name-159" type="surname" value="COLEMAN"/>
<interp inst="t19081110-name-159" type="given" value="DAVID"/>DAVID COLEMAN</persName> </hi>, printer's labourer, 2, Lumber Street, St. Martin's Lane. On Sunday, October 25, about 1.30 a.m., I was in Broad Street, Bloomsbury, with Edward Flynn and two others. The four of us went to the coffee stall and had some coffee. The two men went, leaving me and Flynn there. Our attention was attracted by four men, who were the worse for drink, chaffing a girl who was standing by the wall opposite. She walked away from them and stood by the corner of Shaftesbury Avenue. One of the four men said to the others, "There's a girl; I'll see if I can get off with her." He went up to her, and as she would not answer him he said, "Go home out of it, you f——w——!" and returned to the stall. Flynn left me to go home, and as he went prisoner came round from Shaftesbury Avenue and struck him a blow full in the face, knocking him against the wall. I and some other men ran after prisoner.</p>
<xptr type="pageFacsimile" doc="190811100036"/>
<p>He was asked if he knew what he had done. He said, "Yes, I have done it to him for calling my sister out of her name." Then he and his sister walked away. I went back to Flynn; he was lying on the ground, bleeding from the nose and mouth. With assistance, I took him to his home, at the opposite corner.</p>
<p>Cross-examined. There were about a dozen men round the coffee stall; four were drunk. I do not know whether the other eight or the stall keeper are here. I may have said at the inquest that there were three drunken men; if before the magistrate I said nothing about any drunken men, I may have forgotten it. At the time the filthy language was spoken to the girl, Flynn was at the stall; the man who was speaking was eight yards away. It was five seconds after the filthy language was uttered that Flynn was struck. I know that my story is contradicted by prisoner and by his sister; I have tried to find the other men who were present, but have not suc
<lb/>ceeded. Prisoner must have heard the filthy language as he was coming round the corner, and by that time the drunken man who used it had passed Flynn. so that Flynn was the first man prisoner came up to; if prisoner had been five seconds earlier he would have hit the right man.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-160" type="witnessName">
<interp inst="t19081110-name-160" type="gender" value="female"/>
<interp inst="t19081110-name-160" type="surname" value="SPILLER"/>
<interp inst="t19081110-name-160" type="given" value="EMILY"/>EMILY SPILLER</persName> </hi>. I am prisoner's sister and am 15 years old. I was at the coffee stall after half-past one on this morning. Flynn was there, and he insulted me by calling me wicked names. I walked across to the corner, and two men followed me. As I was going towards Great St. Andrew Street I met my brother. He asked me where I was going. I said "Home." He pointed out that the reverse way was the way home. I was so frightened of the men following me, and it was a lonely road, that I had started going home the other way. Prisoner and I started walking back to Broad Street. I was in front. As we went Flynn started halloaing out these wicked names again. I am sure of his voice, and knew his face as he spoke. My brother went and spoke to him, and I saw Flynn lift his hand to strike my brother. I screamed and ran away. I am positive it was Flynn who insulted me.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-161" type="witnessName">
<interp inst="t19081110-name-161" type="gender" value="male"/>
<interp inst="t19081110-name-161" type="surname" value="MILDRED"/>
<interp inst="t19081110-name-161" type="given" value="FREDERICK JOSEPH"/>FREDERICK JOSEPH MILDRED</persName> </hi>, the coffee stall keeper, was called. He did not speak to the bad language or to seeing the blow struck.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-162" type="witnessName">
<interp inst="t19081110-name-162" type="gender" value="male"/>
<interp inst="t19081110-name-162" type="surname" value="FLYNN"/>
<interp inst="t19081110-name-162" type="given" value="EDWARD"/>EDWARD FLYNN</persName> </hi>, father of the deceased, said that his son was brought home on the morning of October 25, and on the 27th was taken to the hospital.</p>
<p>
<hi rend="smallCaps">BARRINGTON</hi>, house surgeon at University College Hospital. I saw Flynn on his admission on the afternoon of October 27. He was in a delirious state; he had a considerable amount of bruising under the left eye, and a bruise at the back of the head; the latter might have been caused by his falling against a wall; the bruise on the face must have been caused by a very violent blow. Flynn died on October 28.</p>
<p>Sergeant
<hi rend="smallCaps">CALLENDER</hi>, E Division. On October 28 I went with another officer to 3, Silver Street, where we saw prisoner. I told him who we were, and that we should arrest him for causing grievous</p>
<xptr type="pageFacsimile" doc="190811100037"/>
<p>bodily harm to Edward Flynn, who was then lying in the hospital very ill. He replied, "Yes, I'm very sorry." Later on he was charged with manslaughter, and made no reply.</p>
<p>Cross-examined. Prisoner bears an excellent character; he belongs to the Mission Club, and associates with respectable lads.</p>
<p>To the Judge. Coleman bears a good character; Flynn had been convicted of being found on enclosed premises and being an associate with thieves; Coleman was a friend of Flynn's.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-163" type="witnessName">
<interp inst="t19081110-name-163" type="gender" value="male"/>
<interp inst="t19081110-name-163" type="surname" value="SPILLER"/>
<interp inst="t19081110-name-163" type="given" value="JAMES"/>JAMES SPILLER</persName> </hi> (prisoner, on oath). I was going home this Sunday morning at half-past one, up Shaftesbury Avenue; I heard some bad language going on across the road; I looked over and saw my sister turning the corner; I went across to her; she said she was going home; I told her that was not the way, and we started back, I follow
<lb/>ing behind her; as she was crossing the road two men hollosed out to others at the coffee-stall, "There she goes," and Flynn shouted some filthy names. I went up and asked him who he was shouting at; he made no answer, but aimed at my head with his fist; I warded off the blow and struck back; he fell.</p>
<p>Cross-examined. When I went up to Flynn it was only to tell him that, the girl he was insulting was my sister; of course, I was very angry. I had not seen or known Flynn before.</p>
<p>
<hi rend="smallCaps">H. BURROWS</hi>, of the Inns of Court Mission, said he had known prisoner since 1902; prisoner had a most excellent character; he was a clean-living, clean-thinking lad, always trying to do his duty.</p>
<p>The Jury here said that they desired to hear no more, and returned a verdict of
<rs id="t19081110-31-verdict-1" type="verdictDescription">
<interp inst="t19081110-31-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19081110-31-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<p>
<hi rend="smallCaps">BEFORE THE</hi>
<hi rend="largeCaps">RECORDER</hi>.</p>
<p>(Thursday, November 12.)</p> </div1>
<div1 type="trialAccount" id="t19081110-32">
<interp inst="t19081110-32" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-32" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-32-charge-1" targOrder="Y" targets="def1-32-19081110 t19081110-32-offence-1 t19081110-32-verdict-1"/>
<p>
<persName id="def1-32-19081110" type="defendantName">
<interp inst="def1-32-19081110" type="gender" value="male"/>
<interp inst="def1-32-19081110" type="age" value="31"/>
<interp inst="def1-32-19081110" type="surname" value="RAPP"/>
<interp inst="def1-32-19081110" type="given" value="WILLIAM GEORGE"/>
<interp inst="def1-32-19081110" type="occupation" value="carman"/>
<hi rend="largeCaps">RAPP</hi>, William George (31, carman)</persName>
<rs id="t19081110-32-offence-1" type="offenceDescription">
<interp inst="t19081110-32-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19081110-32-offence-1" type="offenceSubcategory" value="robbery"/>; assaulting
<persName id="t19081110-name-165" type="victimName">
<interp inst="t19081110-name-165" type="gender" value="male"/>
<interp inst="t19081110-name-165" type="surname" value="SCOTT"/>
<interp inst="t19081110-name-165" type="given" value="ALEXANDER"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-32-offence-1 t19081110-name-165"/>Alexander Scott</persName>, with intent to rob him.</rs> </p>
<p>Mr. Horace Samuel prosecuted; Mr. Burnie and Mr. Ramsey de
<lb/>fended.</p>
<p>Police-constable
<hi rend="smallCaps">NIBBS</hi>, 381 K. On September 17 I was in the Commercial Road, near Limehouse Church, at 1.30 a.m. I saw pro
<lb/>secutor Scott; the appeared to have had one or two drinks. He was standing alone on the right-hand side of the road proceeding towards Millwall; prisoner, in company with two other men, was on the other side of the road. I was standing in the dark up against a wall. They passed me and broke into a double. I thought something was amiss. I got behind some market vans and followed them down the road. When I got down the road prisoner, who was nearest the kerb</p>
<xptr type="pageFacsimile" doc="190811100038"/>
<p>pointed across the road and ran across the road; the other two men followed. Prisoner went straight up to prosecutor and struck him two or three times in the face with his right hand. There were very few people about at the time. Prisoner snatched prosecutor's watch with his left hand. I was only five or six yards away then. I ran towards him and caught hold of prisoner with both arms from the back. He then turned round and said, "This man struck me first." Prosecutor's chain, was hanging down more on one side that the other. When the other two men saw me they doubled back and ran away in the same direction they had come. They are not here. I took prisoner to the station. When he was charged he said, "No, I did not," and to the prosecutor, "Will you be there in the morning?" He was locked up that night and committed to the Sessions next day. The prosecutor is a sailor, and could not be back in time to prosecute.</p>
<p>Cross-examined. I am not sure whether prosecutor went away to sea; he was not on shore to my knowledge. Prisoner was let out on bail till these Sessions. At the time of the assault I saw a woman there; prisoner asked me if I saw this woman; she was 70 or 80 yards behind prosecutor when the three men passed me. I did not notice any other people. There was not a good deal of traffic there at the time, only these market vans. I had not seen them speaking to the woman. I could not say whether prosecutor and prisoner had been quarrelling over a woman. Prisoner struck two or three blows with his right hand. Prosecutor was not drunk; he knew what he was saying. Prisoner ran across the road and deliberately punched him. I cannot say whether I was behind or in front of the carts then. The man started doubling across the road and I followed him with my eyes. He ran round the front of the cart. I could see the blows struck. I did not see prosecutor strike a blow because he did not strike a blow. It is not unusual for a watch chain to hang down more on one side than the other. The prosecutor did not put up his fist; he did not have a chance. There was not a tussle. Prisoner made a grab at the chain. I did not say I saw all this while trying: to keep an eye on the three men. The road was lighted up with a large electric lamp. I was close to the lamp. I could see quite plainly; is was as light as daylight.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-166" type="witnessName">
<interp inst="t19081110-name-166" type="gender" value="male"/>
<interp inst="t19081110-name-166" type="surname" value="SCOTT"/>
<interp inst="t19081110-name-166" type="given" value="ALEXANDER"/>ALEXANDER SCOTT</persName> </hi>, second engineer of the steamship "Zara." I was walking down Commercial Road in the direction of Millwall at 1.30 on the morning of September 17. I was on the side of the road which is opposite to the church. I was not drunk. As I was walk
<lb/>ing along I got two or three blows in the face; prisoner struck the blows and at the same time snatched my chain. I had not a chance to do anything to him because the policeman had got him. I was quite alone. The policeman held him, and we went to the station. I saw nothing of any other men. I had never seen prisoner before September 17.</p>
<p>(To the Judge.) I was bound over to give evidence against pri
<lb/>soner at the October Sessions, but I was at sea with my ship. I should have lost my place if I had not gone.</p>
<xptr type="pageFacsimile" doc="190811100039"/>
<p>Cross-examined. I had about three beers that night. I only came ashore at 10 o'clock and then I had supper; I might have had four drinks, but not more. I do not recollect speaking to a woman, or anything about a woman. I never speak to ladies. I had not time to see which fist I was struck with.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-167" type="witnessName">
<interp inst="t19081110-name-167" type="gender" value="male"/>
<interp inst="t19081110-name-167" type="surname" value="RAPP"/>
<interp inst="t19081110-name-167" type="given" value="WILLIAM GEORGE"/>WM. GEORGE RAPP</persName> </hi> (prisoner, on oath). I remember this night, the 17th. On Wednesday, the 15th, I was going to the Queen's Music Hall, Poplar, and I saw a lady. On the 17th I was bidding her good night at a quarter past one in the morning. Prosecutor came along and touched her on the chin. I told him to go about his business. The young woman was a stranger to me or I should have had her here. When I told prosecutor to go about his business, he made a strike at me; I happened to get away from the hit and made a blow in self-defence with my left hand. As that was happening the young lady ran on one side. Before I could do anything else, I was claimed from behind by both arms. I was not one of the three men described as running on the other side of the road; I was talking to the young lady. As the officer claimed me, I said, "He should not strike me first." When I was taken to the station prosecutor followed. I was shoved in the charge room and kept an hour. I asked what they were going to do. They said, "The prosecutor will charge you." When they fetched prosecutor in he said, "I'll give him something," and the sergeant and police officer said, "No, leave him be to us"; he was going to pay me again in the station. Next morning I was brought before the magistrate, and no prosecutor was there. The magistrate asked if I had anything to say, but there was no prosecutor. I said I was not guilty of it.</p>
<p>Verdict,
<rs id="t19081110-32-verdict-1" type="verdictDescription">
<interp inst="t19081110-32-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-32-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>. Numerous previous convictions were proved.</p>
<p>Sentence,
<rs id="t19081110-32-punishment-31" type="punishmentDescription">
<interp inst="t19081110-32-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-32-punishment-31" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-32-19081110 t19081110-32-punishment-31"/>Five years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-33">
<interp inst="t19081110-33" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-33" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-33-charge-1" targOrder="Y" targets="def1-33-19081110 t19081110-33-offence-1 t19081110-33-verdict-1"/>
<p>
<persName id="def1-33-19081110" type="defendantName">
<interp inst="def1-33-19081110" type="gender" value="male"/>
<interp inst="def1-33-19081110" type="age" value="30"/>
<interp inst="def1-33-19081110" type="surname" value="MADDEN"/>
<interp inst="def1-33-19081110" type="given" value="WILLIAM"/>
<interp inst="def1-33-19081110" type="occupation" value="labourer"/>
<hi rend="largeCaps">MADDEN</hi>, William (30, labourer)</persName>
<rs id="t19081110-33-offence-1" type="offenceDescription">
<interp inst="t19081110-33-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19081110-33-offence-1" type="offenceSubcategory" value="robbery"/>; robbery with violence on
<persName id="t19081110-name-169" type="victimName">
<interp inst="t19081110-name-169" type="gender" value="male"/>
<interp inst="t19081110-name-169" type="surname" value="LAMB"/>
<interp inst="t19081110-name-169" type="given" value="THOS"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-33-offence-1 t19081110-name-169"/>Thos. Lamb</persName> and stealing from his person the sum of £2 4s.</rs> </p>
<p>Mr. Tully Christie prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-170" type="witnessName">
<interp inst="t19081110-name-170" type="gender" value="male"/>
<interp inst="t19081110-name-170" type="surname" value="LAMB"/>
<interp inst="t19081110-name-170" type="given" value="THOMAS"/>THOMAS LAMB</persName> </hi>, 40, South Street, motor attendant. I was in Spital
<lb/>fields about October 30 (I do not remember the date) between 11 and 12 at night. Prisoner is the man who followed me some distance; I walked into the road. Prisoner followed me up in the road. I went up to a couple of men for a light. Prisoner backed into a recess. I said, "This man has been following me some time; I have my doubts about him; he means business." I had not got the words out of my mouth before I was pinned down. Prisoner pinned me with his left hand under my throat. He had his confederates, I suppose, who pinned me, and he came forward with his left arm and I was lost; they took all I had out of my pocket, £2 4s. When they took that I thought, "You have taken my money, you can take me as well," and I went for all I was worth. The men went away in</p>
<xptr type="pageFacsimile" doc="190811100040"/>
<p>different directions and I went after the prisoner. I got knocked down by one of them, I cannot say which. I called out "Police"; the police came shortly afterwards. I was attended to by the police doctor. I saw prisoner last Thursday at Old Street. I would know him out of a thousand. I do not know the time when he was in custody, because I was insensible. My head was dressed by the police surgeon; my head is not all right; I cannot eat and I have lost my work. Last Sunday week I could not open my mouth. I am still under a doctor at Bartholomew's.</p>
<p>To Prisoner. I do not know if I was robbed between half-past 11 and 12 o'clock at night. I told Mr. Cluer I was robbed between 11 and 12, it might be 1 o'clock or 2 o'clock. You did not recognise me when I came to the station at Commercial Street. I saw you being searched.</p>
<p>Police-constable
<hi rend="smallCaps">HARVEY</hi>, 206 H. I remember the evening of October 30. I heard a call of "Police." I rushed to the top of the street and saw prisoner strike prosecutor on the head. I rushed after him and caught him. Prosecutor fell to the ground. Prisoner struggled violently after I caught him. P.C. 190 of the same division came to my assistance and we got him to the station. He was very violent; he kicked 190 two or three times, once in the leg, and at the station door he kicked him in the lower part of the body, in the groin.</p>
<p>To Prisoner. When I saw you strike this man somebody else was with you; there were two, one on each side of him. I should not be able to pick them out. I know you. The other constable did not try to frogmarch you; you got your legs round mine once and we all went to the ground; it was a slippery night.</p>
<p>Police-constable
<hi rend="smallCaps">EDWARD STACEY</hi>, 190 H. I was called to the as
<lb/>sistance of the last witness, who had prisoner in custody. He was very violent; he kicked me on the left leg, and as we entered the station door he kicked me in the stomach. He was taken inside and charged. Prosecutor was very much injured.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-171" type="witnessName">
<interp inst="t19081110-name-171" type="gender" value="male"/>
<interp inst="t19081110-name-171" type="surname" value="MADDEN"/>
<interp inst="t19081110-name-171" type="given" value="WILLIAM"/>WILLIAM MADDEN</persName> </hi> (prisoner, not on oath). On the morning of the 30th I had a row. I had gone home and come out again. It was a quarter to two when I got to Spitslfields. Past the market there was a watchman looking after apples and that, all covered over. I saw two men standing at the corner, and this prosecutor come round the barrels. As he was going round the barrels, I was going along; this man come rushing behind me and makes a grab at me. I got on one side and two Yiddish men walk alongside me; prosecutor still keeps on at me and says, "You have robbed me." I said, "No, I have not," and I shoved him away. He still went for me and I went for him. As I punched him he fell on his head. I saw the first constable come up; I am walking facing him these two Yiddish men walking side of me; constable makes a grab at me. My career will tell you all my con
<lb/>victions.</p>
<xptr type="pageFacsimile" doc="190811100041"/>
<p>They tried to frogmarch me face downwards; I would not have it. When I got to Commercial Street Police Station I am sitting on the form, prosecutor nowhere. Inspector sends them out to find prosecutor; they cannot find prosecutor; they bring his hat back again to Commercial Street. After that they go out again and cannot find him. After that it appears they wired from Leman Street Station and they find prosecutor at Leman Street Station. I am on one form in one room. The Inspector sits this man down in front of him, and he is looking all the time at these two constables; they start talking one thing and another about the prosecutor. The Inspector called him into the other room. He kept on looking at me and made a state
<lb/>ment in the other room. He told the doctor to have his head dressed. The doctor takes him into another room and the Inspector goes into the other room where he was and brings this sheet up in front of me and this prosecutor and said, "Ain't that the man who robbed you," and he said "Yes." When I was up at Old Street the statement made was different from what these two constables tell now. One constable says I kicked him in the groin, the other says I kicked him in the stomach backwards.</p>
<p>Verdict,
<rs id="t19081110-33-verdict-1" type="verdictDescription">
<interp inst="t19081110-33-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-33-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Numerous previous convictions were proved.</p>
<p>Sentence,
<rs id="t19081110-33-punishment-32" type="punishmentDescription">
<interp inst="t19081110-33-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-33-punishment-32" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-33-19081110 t19081110-33-punishment-32"/>Seven years' penal servitude</rs>.</p>
<p>
<hi rend="smallCaps">BEFORE THE</hi>
<hi rend="largeCaps">COMMON SERJEANT</hi>.</p>
<p>(Thursday, November 12.)</p> </div1>
<div1 type="trialAccount" id="t19081110-34">
<interp inst="t19081110-34" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-34" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-34-charge-1" targOrder="Y" targets="def1-34-19081110 t19081110-34-offence-1 t19081110-34-verdict-1"/>
<p>
<persName id="def1-34-19081110" type="defendantName">
<interp inst="def1-34-19081110" type="gender" value="male"/>
<interp inst="def1-34-19081110" type="age" value="36"/>
<interp inst="def1-34-19081110" type="surname" value="WILKINS"/>
<interp inst="def1-34-19081110" type="given" value="ARTHUR WILLIAM"/>
<interp inst="def1-34-19081110" type="occupation" value="traveller"/>
<hi rend="largeCaps">WILKINS</hi>, Arthur William (36, traveller)</persName>
<rs id="t19081110-34-verdict-1" type="verdictDescription">
<interp inst="t19081110-34-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-34-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
<rs id="t19081110-34-offence-1" type="offenceDescription">
<interp inst="t19081110-34-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19081110-34-offence-1" type="offenceSubcategory" value="bigamy"/>, of felo
<lb/>niously marrying
<persName id="t19081110-name-173" type="victimName">
<interp inst="t19081110-name-173" type="gender" value="female"/>
<interp inst="t19081110-name-173" type="surname" value="WRIGLEY"/>
<interp inst="t19081110-name-173" type="given" value="ADA"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-34-offence-1 t19081110-name-173"/>Ada Wrigley</persName>, his wife being alive.</rs> Prisoner was married in July, 1895, in Cornwall to
<persName id="t19081110-name-174" type="victimName">
<interp inst="t19081110-name-174" type="gender" value="female"/>
<interp inst="t19081110-name-174" type="surname" value="WITHERING"/>
<interp inst="t19081110-name-174" type="given" value="MABEL"/>Mabel Withering</persName>, by whom he had two children. He went out to South Africa, and when the war broke out his wife and children were sent home. Prisoner served in the war and was promoted sergeant-major and had an excellent character in his discharges. In 1904 he became acquainted with Wrigley and went through the form of marriage with her at Kim
<lb/>berley, in 1905, telling her his wife had been dead five years. When he came home she followed him. The original wife was stated to be in service in Cornwall.</p>
<p>Sentence,
<rs id="t19081110-34-punishment-33" type="punishmentDescription">
<interp inst="t19081110-34-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-34-punishment-33" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-34-19081110 t19081110-34-punishment-33"/>Three weeks' imprisonment, second division.</rs> </p> </div1>
<div1 type="trialAccount" id="t19081110-35">
<interp inst="t19081110-35" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-35" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-35-charge-1" targOrder="Y" targets="def1-35-19081110 t19081110-35-offence-1 t19081110-35-verdict-1"/>
<p>
<persName id="def1-35-19081110" type="defendantName">
<interp inst="def1-35-19081110" type="gender" value="male"/>
<interp inst="def1-35-19081110" type="age" value="16"/>
<interp inst="def1-35-19081110" type="surname" value="BEDWELL"/>
<interp inst="def1-35-19081110" type="given" value="FRANK"/>
<interp inst="def1-35-19081110" type="occupation" value="employed as a monitor at the Hugh Myddelton Schools of the London County Council"/>
<hi rend="largeCaps">BEDWELL</hi>, Frank (16, employed as a monitor at the Hugh Myd
<lb/>delton Schools of the London County Council)</persName>
<rs id="t19081110-35-offence-1" type="offenceDescription">
<interp inst="t19081110-35-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19081110-35-offence-1" type="offenceSubcategory" value="assaultWithIntent"/>, indicted for attempt
<lb/>ing to carnally know
<persName id="t19081110-name-176" type="victimName">
<interp inst="t19081110-name-176" type="gender" value="female"/>
<interp inst="t19081110-name-176" type="age" value="8"/>
<interp inst="t19081110-name-176" type="surname" value="SMITH"/>
<interp inst="t19081110-name-176" type="given" value="MAY"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-35-offence-1 t19081110-name-176"/>May Smith</persName>, a girl under the age of 13 years—to wit, of the age of eight years; and for indecently assaulting the said
<persName id="t19081110-name-177" type="victimName">
<interp inst="t19081110-name-177" type="gender" value="female"/>
<interp inst="t19081110-name-177" type="surname" value="SMITH"/>
<interp inst="t19081110-name-177" type="given" value="MAY"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-35-offence-1 t19081110-name-177"/>May Smith</persName> </rs>. Pleaded guilty, on the advice of Mr. Warburton, to the charge of indecent assault.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-178" type="witnessName">
<interp inst="t19081110-name-178" type="gender" value="male"/>
<interp inst="t19081110-name-178" type="surname" value="BERESFORD"/>
<interp inst="t19081110-name-178" type="given" value="EDWIN HAROLD"/>MR. EDWIN HAROLD BERESFORD</persName> </hi>, the acting headmaster of the schools, stated that prisoner had passed first-class in mathematics and science and his general character was very good, and at the conclu
<lb/>sion</p>
<xptr type="pageFacsimile" doc="190811100042"/>
<p>of his term, on the recommendation of the headmaster, he passed into the service of the Council at their physical and chemical labora
<lb/>tories.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-179" type="witnessName">
<interp inst="t19081110-name-179" type="gender" value="male"/>
<interp inst="t19081110-name-179" type="surname" value="BISHOP"/>
<interp inst="t19081110-name-179" type="given" value="CHARLES THOMPSON"/>CHARLES THOMPSON BISHOP</persName> </hi>, M.B., London, stated that in 1904 he attended prisoner for eight months for St. Vitus's dance, and the men
<lb/>tal stability of people who suffered in that way was liable to be affected to a greater or less extent in different cases. Prisoner had always been a little bit unstable and liable to depression.</p>
<p>Sentence,
<rs id="t19081110-35-punishment-34" type="punishmentDescription">
<interp inst="t19081110-35-punishment-34" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-35-punishment-34" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-35-19081110 t19081110-35-punishment-34"/>One month's imprisonment</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-36">
<interp inst="t19081110-36" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-36" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-36-charge-1" targOrder="Y" targets="def1-36-19081110 t19081110-36-offence-1 t19081110-36-verdict-1"/>
<p>
<persName id="def1-36-19081110" type="defendantName">
<interp inst="def1-36-19081110" type="gender" value="male"/>
<interp inst="def1-36-19081110" type="age" value="56"/>
<interp inst="def1-36-19081110" type="surname" value="CHOWN"/>
<interp inst="def1-36-19081110" type="given" value="GEORGE"/>
<interp inst="def1-36-19081110" type="occupation" value="carman"/>
<hi rend="largeCaps">CHOWN</hi>, George (56, carman)</persName>
<rs id="t19081110-36-verdict-1" type="verdictDescription">
<interp inst="t19081110-36-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-36-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>
<rs id="t19081110-36-offence-1" type="offenceDescription">
<interp inst="t19081110-36-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19081110-36-offence-1" type="offenceSubcategory" value="indecentAssault"/>, of indecently as
<lb/>saulting
<persName id="t19081110-name-181" type="victimName">
<interp inst="t19081110-name-181" type="gender" value="female"/>
<interp inst="t19081110-name-181" type="age" value="7"/>
<interp inst="t19081110-name-181" type="surname" value="FROUD"/>
<interp inst="t19081110-name-181" type="given" value="OLIVE"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-36-offence-1 t19081110-name-181"/>Olive Froud</persName>, aged seven, and
<persName id="t19081110-name-182" type="victimName">
<interp inst="t19081110-name-182" type="gender" value="female"/>
<interp inst="t19081110-name-182" type="age" value="13"/>
<interp inst="t19081110-name-182" type="surname" value="TURNER"/>
<interp inst="t19081110-name-182" type="given" value="DOROTHY"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-36-offence-1 t19081110-name-182"/>Dorothy Turner</persName>, aged 13.</rs> </p>
<p>Sentence,
<rs id="t19081110-36-punishment-35" type="punishmentDescription">
<interp inst="t19081110-36-punishment-35" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-36-punishment-35" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-36-19081110 t19081110-36-punishment-35"/>Two months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19081110-37">
<interp inst="t19081110-37" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-37" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-37-charge-1" targOrder="Y" targets="def1-37-19081110 t19081110-37-offence-1 t19081110-37-verdict-1"/>
<p>
<persName id="def1-37-19081110" type="defendantName">
<interp inst="def1-37-19081110" type="gender" value="male"/>
<interp inst="def1-37-19081110" type="age" value="24"/>
<interp inst="def1-37-19081110" type="surname" value="FOLLOND"/>
<interp inst="def1-37-19081110" type="given" value="JOHN"/>
<interp inst="def1-37-19081110" type="occupation" value="labourer"/>
<hi rend="largeCaps">FOLLOND</hi>, John (24, labourer)</persName>
<rs id="t19081110-37-offence-1" type="offenceDescription">
<interp inst="t19081110-37-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19081110-37-offence-1" type="offenceSubcategory" value="robbery"/>; robbery with violence on
<persName id="t19081110-name-184" type="victimName">
<interp inst="t19081110-name-184" type="gender" value="male"/>
<interp inst="t19081110-name-184" type="surname" value="LEGGETT"/>
<interp inst="t19081110-name-184" type="given" value="ARTHUR"/>
<interp inst="t19081110-name-184" type="occupation" value="donkeyman"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-37-offence-1 t19081110-name-184"/>Arthur Leggett</persName> and stealing from his person the sum of 3s., his moneys.</rs> </p>
<p>Mr. Fenton prosecuted; Mr. H.D. Harben defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-185" type="witnessName">
<interp inst="t19081110-name-185" type="gender" value="male"/>
<interp inst="t19081110-name-185" type="surname" value="LEGGETT"/>
<interp inst="t19081110-name-185" type="given" value="ARTHUR"/>ARTHUR LEGGETT</persName> </hi>, donkeyman, Wapping. On the night of Saturday, October 17, I was walking down Commercial Street, about 10.30, smoking my pipe. Suddenly I was grabbed from behind by some person I do not know. My arms were pinioned behind my back and my head was forced back by someone's arm being placed beneath my chin. Another person put his hand into my right-hand trousers pocket and took out 3s. or 4s., as near as I can say. Someone then gave me a push and I was thrown into the gutter.</p>
<p>Cross-examined. This affair took place below the "Princess Alice." I do not know prisoner at all. I was shoved down, not hit. I have a clear recollection of the occurrence. There were people about. In an ordinary thoroughfare like Commercial Street there is always a lot of people about, but I did not take particular notice. I was at the station when prisoner was identified. Before this assault occuired I had been in a public-house outside the Wapping Station. I be
<lb/>lieve it is the "Bell." I had met with an accident during the even
<lb/>ing, having been run into by a bicycle, but that has nothing to do with this case at all. Where the assault took place is a mile and a half from Wapping Station.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-186" type="witnessName">
<interp inst="t19081110-name-186" type="gender" value="male"/>
<interp inst="t19081110-name-186" type="surname" value="MYERS"/>
<interp inst="t19081110-name-186" type="given" value="SIMON"/>SIMON MYERS</persName> </hi>, 18, Alexander Buildings, Commercial Street, cabinet maker. I remember being in Commercial Street, about 10 o'clock in the evening of October 17. It was not very dark. The street is lighted with electric lamps. I saw prosecutor turn into Thrawl Street, where he was seized by prisoner and another man, and pri
<lb/>soner went through his pockets. I was about 10 yards away. Pro
<lb/>secutor could not see by whom he was being attacked and could not shout out, but at the finish he shouted out, "He has robbed me." Prisoner and the other man ran away. I ran after them. About six feet away John Follond passed money to his companion, who ran ahead and got away. I followed prisoner into Lawson Street and into George Yard. Seeing a constable at the other end of George Yard prisoner turned back and gave me a kick on the leg as he went by. He was ultimately captured in Green Dragon Yard.</p>
<xptr type="pageFacsimile" doc="190811100043"/>
<p>Cross-examined. I first saw prisoner at the corner of Thrawl Street, just before the assault occurred. I saw a scramble between three persons, of whom prisoner was one. The scramble lasted some minutes and I had plenty of time to see what happened. It was the other man who held Leggett and prisoner took the money from his pocket. I am perfectly certain I never lost sight of prisoner. At the police station there were four boys ready to identify him. The inspector asked me what I saw and I told him all about it. Then he told me and another boy we should have to come up as witnesses. I do not know why the other boys were not also called.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-187" type="witnessName">
<interp inst="t19081110-name-187" type="gender" value="male"/>
<interp inst="t19081110-name-187" type="surname" value="SCHRATSKY"/>
<interp inst="t19081110-name-187" type="given" value="PHILIP GEORGE"/>PHILIP GEORGE SCHRATSKY</persName> </hi>, cap maker, Alexander Buildings, Com
<lb/>mercial Street, gave corroborative evidence, and also spoke to having identified prisoner at the police station.</p>
<p>
<persName id="t19081110-name-188" type="witnessName">
<interp inst="t19081110-name-188" type="gender" value="male"/>
<interp inst="t19081110-name-188" type="surname" value="LEAVER"/>
<interp inst="t19081110-name-188" type="given" value="WILLIAM"/>
<interp inst="t19081110-name-188" type="occupation" value="police constable"/>Police-constable
<hi rend="smallCaps">WILLIAM LEAVER</hi>,</persName> 296 H. On October 17, about 10.30, I was on duty in Commercial Street. I saw prisoner rise up from the ground covered with mud. Twenty yards away I saw two men running down Thrawl Street. The two lads (Myers and. Schratsky) said those two men had been through prosecutor's pockets. I chased them through several streets and one man got away. Pri
<lb/>soner made towards George Yard. He came out of that again and I followed him across Brick Lane into Old Montague Street and Green Dragon Yard. When I eventually got up to him I told him I was a police officer and took him into custody. I handed him over to two uniformed constables who came up in response to a whistle and went in search of the other man. Prisoner said nothing when I arrested him.</p>
<p>Cross-examined. Prosecutor was not sober and was told at the police station he would be charged with being drunk.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-189" type="witnessName">
<interp inst="t19081110-name-189" type="gender" value="male"/>
<interp inst="t19081110-name-189" type="surname" value="FOLLOND"/>
<interp inst="t19081110-name-189" type="given" value="JOHN"/>JOHN FOLLOND</persName> </hi> (prisoner, on oath). I live at 4, Lavender Court, Pennington Street, St. George's-in-the-East. I did not see any assault upon Leggett. Coming down Commercial Street I saw prosecutor knocked down by a bicycle and picked him up. This was about nine o'clock on the evening of October 17. He asked me to have a drink. I went and had a drink just for friendship and we stayed in the public-house a tidy while talking about this man on the bicycle. When we came out I shook hands with him and bade him good night. I had got about 12 yards away from him when I heard him call out, "Halloa." Turning I saw him running after some man and ran towards him. I lost sight of him and found myself surrounded by a lot of Jews. A constable came up and they turned round and said to the constable that I had robbed a man and then I was taken to the station. Four lads came to the station to identify me. Pro
<lb/>secutor said he had a sovereign still left. When I was charged I had 5d. in my pocket. Of the two lads now called as witnesses one said he could not swear to me and the other said he did not see me touch prosecutor.</p>
<xptr type="pageFacsimile" doc="190811100044"/>
<p>Cross-examined. I heard prosecutor say the last house he had been in was at Wapping. I deliberately say that he is lying. What I said at the police court is true, that Leggett took me in and treated me, and that when we came out the other man robbed him and ran away. I admit I had a drink with the man.</p>
<p>Verdict,
<rs id="t19081110-37-verdict-1" type="verdictDescription">
<interp inst="t19081110-37-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19081110-37-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Prisoner confessed to a conviction at Thames Police Court in the present year, in the name of
<persName id="t19081110-name-190">
<interp inst="t19081110-name-190" type="gender" value="indeterminate"/>
<rs id="t19081110-alias-5" type="alias">
<join result="nameAlias" targOrder="Y" targets="t19081110-name-190 t19081110-alias-5"/>John Short</rs> </persName>, for stealing a chest of tea, and there were other convictions.</p>
<p>Sentence,
<rs id="t19081110-37-punishment-36" type="punishmentDescription">
<interp inst="t19081110-37-punishment-36" type="punishmentCategory" value="imprison"/>
<interp inst="t19081110-37-punishment-36" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-37-19081110 t19081110-37-punishment-36"/>Four years' penal servitude</rs>.</p>
<p>The Common Serjeant directed that the witnesses Myers and Schratsky should each receive a reward of £1.</p> </div1>
<div1 type="trialAccount" id="t19081110-38">
<interp inst="t19081110-38" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-38" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-38-charge-1" targOrder="Y" targets="def1-38-19081110 t19081110-38-offence-1 t19081110-38-verdict-1"/>
<p>
<persName id="def1-38-19081110" type="defendantName">
<interp inst="def1-38-19081110" type="gender" value="male"/>
<interp inst="def1-38-19081110" type="age" value="33"/>
<interp inst="def1-38-19081110" type="surname" value="ROMAIN"/>
<interp inst="def1-38-19081110" type="given" value="ABRAHAM"/>
<interp inst="def1-38-19081110" type="occupation" value="collector of insurance premiums"/>
<hi rend="largeCaps">ROMAIN</hi>, Abraham (33, collector of insurance premiums)</persName>
<rs id="t19081110-38-offence-1" type="offenceDescription">
<interp inst="t19081110-38-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19081110-38-offence-1" type="offenceSubcategory" value="embezzlement"/>; feloni
<lb/>ously and fraudulently embezzling the sums of 2s. 6d. on
<rs id="t19081110-cd-27" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-38-offence-1 t19081110-cd-27"/>Septem
<lb/>ber 14, 1908</rs>; 1s. and 2d. on
<rs id="t19081110-cd-28" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-38-offence-1 t19081110-cd-28"/>August 31, 1908</rs>; 1s. 1d. on
<rs id="t19081110-cd-29" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-38-offence-1 t19081110-cd-29"/>Septem
<lb/>ber 14, 1908</rs>; 1s. 6d. on
<rs id="t19081110-cd-30" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-38-offence-1 t19081110-cd-30"/>September 7, 1908</rs>; 4d. on
<rs id="t19081110-cd-31" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-38-offence-1 t19081110-cd-31"/>August 10, 1908</rs>; 4d. on
<rs id="t19081110-cd-32" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-38-offence-1 t19081110-cd-32"/>August 17, 1908</rs>; 8d. on
<rs id="t19081110-cd-33" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-38-offence-1 t19081110-cd-33"/>August 24, 1908</rs>; 14s. 6d. on
<rs id="t19081110-cd-34" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19081110-38-offence-1 t19081110-cd-34"/>September 21, 1908</rs>, moneys received by him on account of the
<persName id="t19081110-name-192" type="victimName">
<interp inst="t19081110-name-192" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-38-offence-1 t19081110-name-192"/>Refuge Assurance Company, Limited</persName>, his masters; being a servant in the employ of the Refuge Assurance Company, Limited, unlaw
<lb/>fully and with intent to defraud falsifying certain accounts belong
<lb/>ing to the said company.</rs> </p>
<p>Mr. Bodkin and Mr. Symmons prosecuted; Mr. H.D. Harben defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-193" type="witnessName">
<interp inst="t19081110-name-193" type="gender" value="female"/>
<interp inst="t19081110-name-193" type="surname" value="COCKLING"/>
<interp inst="t19081110-name-193" type="given" value="CATHERINE"/>CATHERINE COCKLING</persName> </hi>, 11, Lancing Street, Somers Town. My mother's name is Catherine Browne, and I have insured her life in the Refuge Assurance Company, paying a weekly premium of 4d. Prisoner is the collector who has been round. The book produced is mine and in it appears the name of the collector, "A. Romain, 23, Junction Road, Highgate." The collector initials the weekly payments, which are entered in my book which I keep. I sometimes missed a week and in that case would pay 8d. the next week or 1s. the week after. I find the payments I made on August 10, 17, and 24 initialled by prisoner, 4d. being paid on each date.</p>
<p>Cross-examined. Besides my mother's book I have also a book for myself. I was sometimes in arrears also with that book. If there is no entry in the book it means that I did not pay anything. Prisoner used to call on a Tuesday or a Wednesday. There is no entry in my book for August 24, but that is because I cleared up Mrs. Browne's book and left my own.</p>
<p>Re-examined. In my own book I find an entry of 5d. paid on August 10, on August 17 10d., and on August 24 I paid nothing. As on August 17 I paid a week in advance, on August 24 I had not to pay anything.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-194" type="witnessName">
<interp inst="t19081110-name-194" type="gender" value="male"/>
<interp inst="t19081110-name-194" type="surname" value="ROSE"/>
<interp inst="t19081110-name-194" type="given" value="WILLIAM"/>WILLIAM ROSE</persName> </hi>, district superintendent, Refuge Assurance Com
<lb/>pany. Prisoner was employed as collector and canvasser. The entries in the book produced are in prisoner's handwriting and initialled by him. There is entered 4d. on August 10, 4d. on</p>
<xptr type="pageFacsimile" doc="190811100045"/>
<p>August 17, and on August 24 1s. Prisoner had a weekly collecting book, in which his weekly collections should be entered. That book is arranged into months and weeks, the months being set out in vertical columns. It was prisoner's duty to take this book with him on his rounds, and, having entered the amount received in the cus
<lb/>tomer's bank book, to enter the same amount in the collecting book. Turning to folio 99 of the collecting book, which relates to Mrs. Catherine Browne, under dates August 10 and 17, I find a X, indicat
<lb/>ing that no payment has been received, and on August 24 I find 4d. entered, whereas in the customer's book the entry it 1s. These entries are returned to me on a weekly sheet. On the sheet for the week ending August 10, the only amount entered relating to folio 99 is 3d., for the following week 2d. only.</p>
<p>(Friday, November 13.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-195" type="witnessName">
<interp inst="t19081110-name-195" type="gender" value="male"/>
<interp inst="t19081110-name-195" type="surname" value="ROSE"/>
<interp inst="t19081110-name-195" type="given" value="WILLIAM"/>WILLIAM ROSE</persName> </hi>, recalled, Cross-examined. The collector should always take with him the collecting book or what is called a "round" book, which is really a memorandum book. The company supply a "round" book if asked, but sometimes the agent supplies himself wish one. The agent reports to the head office at six o'clock on the Tuesday evening. It is possible that the items collected on the Wed
<lb/>nesday would be entered in the round book and not entered in the collecting book until the following week; but it should not be so; I am not officially cognisant of the practice. In Mrs. Cockling's case, where there are two separate books, there should be two sepa
<lb/>rate entries in the collecting book. If an agent entered too little on one account and put too much to another to balance, although it would be a blunder, it would not be putting anything into his own pocket.</p>
<p>Re-examined. In Mrs. Cockling's case prisoner has credited the company with 2s. 1d. instead of 2s. 6d.—5d. too little. (As to this item there is no charge.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-196" type="witnessName">
<interp inst="t19081110-name-196" type="gender" value="female"/>
<interp inst="t19081110-name-196" type="surname" value="DOGMINI"/>
<interp inst="t19081110-name-196" type="given" value="LIZZIE"/>LIZZIE DOGMINI</persName> </hi>, 13, Bean Street, Charing Cross Road. I was in
<lb/>sured in two policies in the Refuge Assurance Company, one for myself and one for my son Tadeo, aged three. On my own policy I paid 6d. a week. Looking at my book I find that on August 31 I paid the sum of 1s., which is receipted by prisoner. On the same date I paid 2d. in respect of the other policy.</p>
<p>Cross-examined. I have never been in arrears with my payments. If I have not paid once a week, I have paid once a fortnight. There may have been an exception.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-197" type="witnessName">
<interp inst="t19081110-name-197" type="gender" value="male"/>
<interp inst="t19081110-name-197" type="surname" value="ROSE"/>
<interp inst="t19081110-name-197" type="given" value="WILLIAM"/>WM. ROSE</persName> </hi>, recalled, said that in the collecting book, folio 79, instead of an entry of 1s. 2d. paid there was a X indicating that nothing had been paid. The correction in the collecting book under date of September 28 was in witness's handwriting.</p>
<p>Cross-examined. There are similar entries upon other folios indi
<lb/>cating that the book was corrected at that date.</p>
<xptr type="pageFacsimile" doc="190811100046"/>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-198" type="witnessName">
<interp inst="t19081110-name-198" type="gender" value="female"/>
<interp inst="t19081110-name-198" type="surname" value="REGAN"/>
<interp inst="t19081110-name-198" type="given" value="ELIZABETH"/>ELIZABETH REGAN</persName> </hi>, Siddon's Buildings, Drury Lane. I have eight policies in the Refuge Assurance Company, and the amount I have to pay weekly is 11d. I paid the premiums to prisoner, and on September 7 there is an entry of 2s. 5d. in my book.</p>
<p>Cross-examined. I have sometimes received notice of arrears. In such a case "N" would be put in the collecting book. On August 17 and 24 I paid no premium. Prisoner said he would pay this money himself and I promised I would repay him on the Saturday. Prisoner did not really receive the money from me on September 7, but two days later, on the 9th.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-199" type="witnessName">
<interp inst="t19081110-name-199" type="gender" value="male"/>
<interp inst="t19081110-name-199" type="surname" value="ROSE"/>
<interp inst="t19081110-name-199" type="given" value="WILLIAM"/>WILLIAM ROSE</persName> </hi>, recalled. I find in the collecting book, folio 60, Elizabeth Regan's account, under date September 7, an entry of 11d., whereas from the customer's book it appears that 2s. 5d. was paid. There is a correction in the collection book on September 28, by the addition of "1s. 6d." above the line. I have never had that 1s. 6d. In the weekly sheet there is a return of 11d.</p>
<p>Cross-examined. This book was opened on March 9. This was a new "case," not one transferred. I do not accept the suggestion that at the beginning of new business it is customary for the collector to put half a crown or some such sum into the book in order to keep himself on the right side at his own risk. That would he against the rules of the office. It would not be money the collector had received. When the book should come to be checked, it would be detected. As to the suggestion that 1s. 6d. was owing to the collector for commission in Regan, I have not seen any book of Regan's; the "case" has lapsed. Prisoner may have subtracted 1s. 6d. commission from the 2s. 5d., which would leave 11d., but I should not allow such a thing if it came to my notice, as there would be nothing to indicate that he had received 1s. 6d. commission.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-200" type="witnessName">
<interp inst="t19081110-name-200" type="gender" value="female"/>
<interp inst="t19081110-name-200" type="surname" value="SYKES"/>
<interp inst="t19081110-name-200" type="given" value="ADA AMELIA"/>ADA AMELIA SYKES</persName> </hi>, Charlotte Street, Fitzroy Square, insured in the "Refuge," with a policy on which she pays 1s. a week, stated that she paid prisoner 2s. 6d. on September 14, two weekly payments of 1s. and 6d. arrears.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-201" type="witnessName">
<interp inst="t19081110-name-201" type="gender" value="male"/>
<interp inst="t19081110-name-201" type="surname" value="ROSE"/>
<interp inst="t19081110-name-201" type="given" value="WILLIAM"/>WILLIAM ROSE</persName> </hi>, recalled, proved that there was no such entry in the collecting book or weekly sheet.</p>
<p>In cross-examination, witness stated that it was against the rules for collectors, when policies are on the point of lapsing to keep them going out of their own pockets. He had heard of such a thing being done, but would not himself countenance the practice.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-202" type="witnessName">
<interp inst="t19081110-name-202" type="gender" value="male"/>
<interp inst="t19081110-name-202" type="surname" value="CURRIE"/>
<interp inst="t19081110-name-202" type="given" value="JOSEPH"/>JOSEPH CURRIE</persName> </hi>, Little Church Street, Hampstead Road, gave evidence as to paying prisoner 1s. 1d. on September 14, which was entered in the book by prisoner.</p>
<p>Mr. Rose stated that there was no corresponding entry in collecting book or weekly sheet.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-203" type="witnessName">
<interp inst="t19081110-name-203" type="gender" value="male"/>
<interp inst="t19081110-name-203" type="surname" value="GRUNOR"/>
<interp inst="t19081110-name-203" type="given" value="ARTHUR"/>ARTHUR GRUNOR</persName> </hi>, 25, Red Lion Street, holder of a policy for £100, on which he pays 14s. 6d. quarterly, deposed to handing prisoner 14s. 6d. on September 21.</p>
<p>Mr. Rose, recalled, stated that the money had not been accounted for. Mr. Rose also stated that on taking prisoner's round he found numerous other discrepancies in the accounts. There was a deficiency</p>
<xptr type="pageFacsimile" doc="190811100047"/>
<p>against prisoner of £1 19s., which he declined to make good until shown how it was made up. Witness suspended prisoner on October 1, and an arrangement was made for him to come into the office at six o'clock that evening to go through the accounts. Prisoner, however, failed to do so, and a prosecution was ordered.</p>
<p>
<persName id="t19081110-name-204" type="witnessName">
<interp inst="t19081110-name-204" type="gender" value="male"/>
<interp inst="t19081110-name-204" type="surname" value="BUTHERS"/>
<interp inst="t19081110-name-204" type="given" value="FREDERICK"/>
<interp inst="t19081110-name-204" type="occupation" value="detective"/>Detective
<hi rend="smallCaps">FREDERICK BUTHERS</hi> </persName>, Y Division. At 11 o'clock on the night of October 29 I saw prisoner at the Kentish Town Police Station, where he was detained. I told him he would be charged with em
<lb/>bezzling various sums of money belonging to the Refuge Assurance Co. He said, "It is a mistake. Where is it from? I only know one, Havelock Street, Caledonian Road. I do not know how they can call it embezzlement, because I belong to a Guarantee Society, and they know that their money is all right." He also said with reference to that particular item that it was paid in the next week.</p>
<p>Mr. Harben submitted that there was no evidence to go to the Jury.</p>
<p>The Common Serjeant refused to withdraw the case.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-205" type="witnessName">
<interp inst="t19081110-name-205" type="gender" value="male"/>
<interp inst="t19081110-name-205" type="surname" value="ROMAIN"/>
<interp inst="t19081110-name-205" type="given" value="ABRAHAM"/>ABRAHAM ROMAIN</persName> </hi> (prisoner, on oath). I was employed by the com
<lb/>pany as agent and collector at a salary of 11s. per week, reducing by 6d. a week for the first 10 weeks. On Wednesdays I went to the office with my collecting book at half-past nine in the morning and with the weekly sheet made up and ready to pay in and to see if the superintendent had any money which had been sent by clients direct to the office. The book was always made up to Tuesday evening. Any money I received on the Wednesday would be held over to the following week. As regards the system of checking, every six or seven weeks the assistants or superintendents would go round with the collectors and check the collecting book with the premium book. If there was anything against me it would be charged against me at the end of the week. Small discrepancies were very frequent—some
<lb/>times against me, and sometimes in my favour. I regard these instances as clerical errors absolutely. I have at times paid money out of my own pocket to keep people going and prevent them losing their policies, and I considered that my doing so was in the best interests of the company. Where the customer has two premium books, I have sometimes re
<lb/>ceived money on one account and credited it to another. That was done with the knowledge of the superintendent. As he checked the accounts that could not possibly be done without his knowledge. On new business the collector has a bonus amounting to ten weekly pre
<lb/>miums. If, say, a woman pays a weekly premium of 4d. one week and then misses four weeks, it does not look like good business and to encou
<lb/>rage people, the collector sometimes credits them with some part of his bonus. If he did not he might lose the premium and some other company might come along and get it. To come to particular cases, Mrs. Cockling, I have no doubt, must have paid me or I could not have entered it in the book, but I have no remembrance of it. She paid me on a Wednesday after my accounts were closed, and it may</p>
<xptr type="pageFacsimile" doc="190811100048"/>
<p>have slipped my memory the following week. All I can say as to that case is that it is simply a clerical error. The case of Regan I can explain. She did not pay 2s. 5d. on September 7 as entered, but on September 9. If I had not entered the payment on the 7th her policy would have lapsed. I only entered 11d. in the collecting book as I deducted 1s. 6d. for commission, leaving her still 1s. in my debt. With regard to the case of Dogmini, I remember that she paid me on a Wednesday, and I must have forgotten to put it in the collecting book. That, again, is absolutely a clerical error. There were similar errors discovered when the superintendent went round with me in May. They were corrected and charged against me. I should have paid up this time, but have not had a chance of doing so. I asked the superintendent to show me the arrears, but he said he knew how to audit the book, and it was his business. As to Currie, he is mistaken in saying he paid me. His wife paid me outside a pawnshop in Hamp
<lb/>stead Road one early-closing day. I entered the payment as on the Monday, because the book was heavily in arrear and Currie had had notice. I kept the premiums as close together as possible, so that should there be any question she would have no difficulty in getting her money. I entered it on the 14th, so as to keep the book in bene
<lb/>fits. The amount is entered in the premium book, but omitted from the collecting book, but I should have accounted for it the following week.</p>
<p>(Saturday, November 14.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-206" type="witnessName">
<interp inst="t19081110-name-206" type="gender" value="male"/>
<interp inst="t19081110-name-206" type="surname" value="ROMAIN"/>
<interp inst="t19081110-name-206" type="given" value="ABRAHAM"/>ABRAHAM ROMAIN</persName> </hi> (prisoner, on oath), further examined. With regard to the case of Mrs. Sykes, she did not pay me on September 14, but on the 24th. I back-dated that case for her benefit, as she had just had notice, telling her she would have either to pay or lapse. In Grunor's case I was holding the money back until the end of the month until the expiry of the period of grace. Meeting with an accident, I was confined to my room, and I had run short of money. When the superintendent called to see me I explained that to him, and he said, "You can leave it till next week." There are hundreds of agents who keep back premiums a week or two, and superintendents as well. Afterwards it slipped my memory. When I was suspended I refused to pay in any money until Mr. Rose could prove what was owing. I should have paid on the 28th, but was not allowed to. There are several cases in which I have made entries of imaginary payments of 2s. or 3s. in the case of new policies, thus crediting the policy-holder with my commission. On Wednesday, September 24, I was told by the superintendent that my arrears were very high, and he asked me if I would like to have his help for a week. I told him I should be very much obliged if he would come out with me that week, it being quarter week, when we expect to get in all the money we possibly can, so an arrangement was made that he should go with me on September 26 to get in these arrears. Nothing was said or done apart from getting a little business. The money collected was pretty fair and the superintendent went home and left me to do several back calls. On the following Monday I went to the office at half-past</p>
<xptr type="pageFacsimile" doc="190811100049"/>
<p>nine. I mentioned that I had received money too late for entry and Rose booked up the items in my presence. After the 26th the collect
<lb/>ing book was never in my possession. Rose also went round with me on the 28th, 29th, and 30th. On October 1 I came into the office as usual at half-past nine. Mr. Rose was in the back office, I be
<lb/>lieve. I hung about for half an hour or so. Then Rose came out and said, "Are you ready? We are going out now." I said, "I do not think I will go out to-day, Mr. Rose. You practically called me a liar yesterday." He said, "To whom?" I said, "To Still," one of my clients. He said, "I do not see how I called you a liar." I said, "You did not in words, but you did in action. What do you think that man thought of me when you asked for his old books?" Only three weeks previously the assistant superintendent had been round with me and found moneys in my favour. He said, "I will do just as I please. I know how to audit a book." I said that in consequence of what had taken place I would not go out with him that day and intended turning the job in. He rushed into the back office and pulled a slip of paper from a collecting book and said, "You will have to settle this before you go"; £1 19s. was marked on the slip. I said, "What is that?" He said, "That is moneys against you." I said, "Oh! I should very much like to see how it is made up." He replied, "I refuse to show you anything," and he said again, "I know how to audit a book." I said if there were any mistakes they would practically be clerical errors. I then refused to pay over any more money until he showed me how the £1 19s. was made up. Then he said, "Very well; we will prosecute you." I said, "You know very well the money is all right, and if not, you know I belong to a guarantee society." Mr. Rose then told me not to collect any more money for the company or act as agent for the company until I heard further. At that time I had £6 5s. in my possession, includ
<lb/>ing my commission. We take our commission as we go along. I was willing to pay that money and came to the office with that idea. I did not pay it because the superintendent would not satisfy me as to my account. If I had been satisfied as to the amount owing I was prepared to pay it and am still willing to do so. Roughly speaking, I collected premiums from 200 persons and was employed four or five hours a day in collecting and canvassing. I had never been warned about my book by any superintendent.</p>
<p>Cross-examined. The only way of testing the accuracy of the col
<lb/>lector's returns, so far as I know, was by the superintendent going round. I never had instructions that the collecting book must cor
<lb/>respond with the premium book. The collecting book is not always carried round. We have a "round" book. I suppose it was my duty to make the entries in the collecting book correspond with those in the premium books. I was arrested on October 29 and admitted to bail. I have not in the meantime asked to see any of the books either of the policy-holders or of the company; £l 19s. at 3d. or 4d. a week would represent a large number of cases, but one case is that of Mr. Grunor—14s. 6d. I have that 14s. 6d. in my pocket ready to pay the company; less commission the amount due is 11s. 7d.</p>
<xptr type="pageFacsimile" doc="190811100050"/>
<p>I am holding it as servant of the company; I have had no dismissal. On, wet days it is not always possible to make entries, as the rain and the ink run together and make a smudge. If the entries are not made at the time they are liable to be forgotten, or you may not bear in mind exactly what you have received. That is one of the hardships of an agent's life. These are only clerical errors, not with intention.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-207" type="witnessName">
<interp inst="t19081110-name-207" type="gender" value="male"/>
<interp inst="t19081110-name-207" type="surname" value="PORTEN"/>
<interp inst="t19081110-name-207" type="given" value="MAURICE"/>MAURICE PORTEN</persName> </hi>, commercial traveller, and
<persName id="t19081110-name-208" type="witnessName">
<interp inst="t19081110-name-208" type="gender" value="male"/>
<interp inst="t19081110-name-208" type="surname" value="MALIN"/>
<interp inst="t19081110-name-208" type="given" value="JAMES"/>
<interp inst="t19081110-name-208" type="occupation" value="poultry dealer"/>
<hi rend="smallCaps">JAMES MALIN</hi> </persName>, poultry dealer, gave evidence as to character.</p>
<p>(Monday, November 16.)</p>
<p>Verdict,
<rs id="t19081110-38-verdict-1" type="verdictDescription">
<interp inst="t19081110-38-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19081110-38-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE LUMLEY SMITH</hi>.</p>
<p>(Thursday, November 12.)</p> </div1>
<div1 type="trialAccount" id="t19081110-39">
<interp inst="t19081110-39" type="uri" value="sessionsPapers/19081110"/>
<interp inst="t19081110-39" type="date" value="19081110"/>
<join result="criminalCharge" id="t19081110-39-charge-1" targOrder="Y" targets="def1-39-19081110 t19081110-39-offence-1 t19081110-39-verdict-1"/>
<p>
<persName id="def1-39-19081110" type="defendantName">
<interp inst="def1-39-19081110" type="gender" value="male"/>
<interp inst="def1-39-19081110" type="age" value="51"/>
<interp inst="def1-39-19081110" type="surname" value="WAKEFORD"/>
<interp inst="def1-39-19081110" type="given" value="WILLIAM"/>
<interp inst="def1-39-19081110" type="occupation" value="no occupation"/>
<hi rend="largeCaps">WAKEFORD</hi>, William (51, no occupation)</persName>
<rs id="t19081110-39-offence-1" type="offenceDescription">
<interp inst="t19081110-39-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19081110-39-offence-1" type="offenceSubcategory" value="libel"/>; maliciously publish
<lb/>ing a certain defamatory libel of and concerning
<persName id="t19081110-name-210" type="victimName">
<interp inst="t19081110-name-210" type="gender" value="male"/>
<interp inst="t19081110-name-210" type="surname" value="PAGE"/>
<interp inst="t19081110-name-210" type="given" value="WILLIAM HENRY"/>
<interp inst="t19081110-name-210" type="occupation" value="florist"/>
<join result="offenceVictim" targOrder="Y" targets="t19081110-39-offence-1 t19081110-name-210"/>William Henry Page</persName>.</rs> </p>
<p>Mr. James Scarlett and Mr. Fox Sinclair appeared for the prosecu
<lb/>tion and Mr. F. Watt for the defence.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-211" type="witnessName">
<interp inst="t19081110-name-211" type="gender" value="male"/>
<interp inst="t19081110-name-211" type="surname" value="WAKEFORD"/>
<interp inst="t19081110-name-211" type="given" value="WALTER FRANCIS"/>WALTER FRANCIS WAKEFORD</persName> </hi>, steward to Mr. Lawson Johnston, of 29, Portman Square. I was formerly in the employment of the Duke of Northumberland, and had a good character from him to Mr. Law
<lb/>son Johnston. I am the sole surviving trustee under the will of my father. Mr. Page is not and never has been a trustee and has had nothing at all to do with the administration of the estate. He is not oven a beneficiary. But his wife took £90 under the will. The de
<lb/>fendant is my brother. I received one of the libellous circulars com
<lb/>plained of. One was also sent to Mr. Lawson Johnston, who showed it to me. The handwriting in red ink on that circular is that of the defendant. I have not seen the defendant recently; until about a fortnight last Monday I had not seen him for 20 years. The circular in question contains these words: "What a story! How a jealous footman can commit acts of roguery and speak of the Prince of Wales his confidential friend. A mother's secret death. A Royal foot
<lb/>man's roguery. The trustees swindlers; thousands of pounds in debt. The Prince of Wales's name made use of," and the words, "under-livery servant," "been out of work 10 months and selling his livery for private clothes," undoubtedly refer to myself, but there is abso
<lb/>lutely no truth in the assertions.</p>
<p>Cross-examined. I believe Miss Lemon, a stationer, did borrow £240 from my father's estate, but it was an old mortgage, and she paid it back, or her people paid it back, long ago. Mr. Page did borrow some money of the estate. (Mr. Watt here objected and said that if the defendant bona
<lb/>fide believed what he stated in these communica
<lb/>tions</p>
<xptr type="pageFacsimile" doc="190811100051"/>
<p>they were privileged communications on family matters.) Mr. Page borrowed about £190 from the estate eight years ago at 5 per cent. interest, which I handed to my mother as he paid me. That loan has been repaid about five months ago, when Mr. Sherwood, the solicitor, wound up my father's estate. Now my brother, Sydney Benjamin Wakeford, is dead, I am the sole trustee. The defendant received £50 from Mr. Sherwood, but he has had more than his share from the estate by previous drawings. This £50 was not given to him as his share. I was present at my mother's death, going home for the occasion. It was the unanimous wish of the family that the defendant should not be present at her death, and they said they would all leave the house if he entered it; so everything was done to keep the knowledge of his mother's death from the defendant. In the case of his brother's death, the defendant was present and saw him in his coffin. I know nothing whatever about flowers having been put on his mother's grave by the defendant and having been taken away by any members of the family.</p>
<p>Re-examined. The defendant was not asked to his mother's funeral because his brothers and sisters would not meet him. With the ex
<lb/>ception of the defendant, we are a very united family.</p>
<p>
<hi rend="smallCaps">
<persName id="t19081110-name-212" type="witnessName">
<interp inst="t19081110-name-212" type="gender" value="male"/>
<interp inst="t19081110-name-212" type="surname" value="PAGE"/>
<interp inst="t19081110-name-212" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY PAGE</persName> </hi>, florist, Hampton and Hanworth (prosecutor) I am a brother-in-law of the defendant, having been married about 20 years ago to his sister. There were five brothers and two sisters. The other sister is married to a man called Corfe, a reporter in the Law Courts. The defendant has from time to time addressed to me libellous communications during the last 12 or 15 years. I had no personal interest in defendant's father's will, although my wife had a slight interest, she being entitled to one-sixth of the estate. The net amount of the estate was £542 13s. 11d. I at one time borrowed a sum of £190 from the estate, but I was requested by the family to take this money on loan, as the trustees for the time being could not get it invested, the amount being so small. I paid interest at the rate of 6 per cent. per annum and paid it regularly—indeed, nearly always before it was due. In due course of post I received Exhibit B, which is a postcard and contained the following: "Messrs. Page and Co., Limited, florists, of Hanworth, Middlesex. I understand that you have secured another £150 out of our family, with remarkable inte
<lb/>rest. If you do not at once give me particulars of your business I shall apply for a warrant for your arrest.—William Wakeford.—P.S. I have written the police." That postcard is dated September 7, 1901, and is in the handwriting of William Wakeford, the defendant. My wife's father died in 1879. Exhibit D, which I have here, was a post
<lb/>card sent to my brother-in-law, H. B. Wakeford, which he handed to me. It was addressed to "Wakeford Brothers and Page, Limited, syndicate of frauds, hosiers, Market Place, Kingston-on-Thames," and contained the following words: Your business is carried on by the stolen property obtained by Walter Wakeford, co
<lb/>trustee to my father's will. On consideration that the trustee had £50 for him
<lb/>self, you had the rest, and this is proved up to the hilt. You have your remedy. You swore to Mr. Bell that you had not a farthing." I have nothing whatever to do with my brother-in-law,</p>
<xptr type="pageFacsimile" doc="190811100052"/>
<p>H. B. Wakeford's business at Kingston-on-Thames. On Sep
<lb/>tember 8, 1907, my mother died and thereupon the estate became divisible. On October 9, 1907, I received a postcard dated "Sep
<lb/>tember 8, 1907," containing these words, "Missing at Hampton Churchyard. I have followed you by accident all to
<lb/>day. You looked a remarkably consequentious gentleman in your white Trilbury hat. How many more? William Wakeford. P.S. You have a fine bicycle. W.H. Page, Esq., Tangley Nursery, Hanworth, Middle
<lb/>sex." I took no part whatever in the winding up of the estate of the defendant's mother. It is within my knowledge that defendant re
<lb/>ceived a sum of £50, and signed an apology and promised not to repeat the libels. That was on September 8, 1907, and the document was witnessed by the solicitor who did the winding up and by his clerk. On September 9, 1907, I received a telegram addressed, "Henry Page, Esq., Mayor, Hanworth. Require to see you with Corfe regarding secret death of my mother. Require your explanation. Wakeford, 24, Margueretta Terrace, Chelsea." I was not the mayor of Hanworth, and to the best of my belief there never has been a mayor of Hanworth. I also received the letter dated November 30, 1907: "I take the oportunity of asking you how it was that you became the trustee to my father's will when you had already had the use of the funds. You will understand that I require to know why my eldest brother died and was buried, and also my dear mother, and you took the chair and sanctioned the secrecy, although you were in money difficulties. This is damning evidence against you as a swindler. William Wakeford. P. S. I invite you to show this to the new family solicitors and Mr. Corfe, the supposed barrister, as I have put you through and made every enquiry, which states that you are in a state of insolvency—possibly not, I admit, since my mother's death. Note. Perhaps now bovril will be very cheap for the winter months, like the pheasants from Sandringham, to bribe the police-officer at supper time in the neighbourhood, near Thames Street, Kingston." I also received a letter dated January 22, 1908, in which defendant said I was an "impudent rascal," concerning what I had said about his dear mother's death. He stated he had advertised my responsibilities as a trustee, but I do not understand this, as I was never a trustee under the will. I understand advertisements had been inserted in different papers by the defendant asking people to send statements of his debts to me, and that I was responsible for them. Prior to September, 1908, I had borrowed from Mr. Towerzey £1, 500 on mortgage on my land and glass houses. In consequence of a communication I saw Mr. Towerzey about this mortgage, after Sep
<lb/>tember, 1908; I had had notice from him to repay it. When I saw Mr. Towerzey he showed me some correspondence and said he had heard from my brother-in-law. There were four letters dated re
<lb/>spectively September 18, 19, 25, and 28, in which the defendant libelled me to Mr. Towerzey. Those are in the handwriting of the defendant. I received a letter dated October 12, 1908, as follows: "Questions for the criminal court. Two secret deaths which you were chairman. Thousands in debt. 'Coach and Horses' debts. Blackmailing the Prince of Wales. Footman's liveries sold for</p>
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<p>private clothes. William Wakeford. To Mr. H. Page, Hanworth, Middlesex." That also is in the handwriting of the defendant. I also received the exhibit marked "S" which is a long typewritten document containing many libels. The words therein, "The other trustee, a florist of Hanworth, Middlesex, was in a desperate state of insolvency and could not even meet his daily necessities of life," undoubtedly refer to me. One of these documents was sent to Messrs. Phelps and Son at Teddington, who handed the same to me; they are well-known house-furnishers. A similar document was also handed to me by my brother-in-law, who had received the same through the post. These libels have caused me great annoyance, so much so that when I first received them I felt that I could shoot the defendant. It is wrong, perhaps, to say that in a court of justice, but the libels were very cruel and caused me much harm.</p>
<p>Cross-examined. It may probably have been that when he spoke of the secret death of his mother he meant that she was buried secretly from him, but it was open to the construction that I had had some
<lb/>thing to do with her death. I may have advised his brothers con
<lb/>cerning the winding up of the estate, but I do not know that they ac
<lb/>cepted my advice. I certainly borrowed the £190 from the estate and paid interest at the rate of 6 per cent. I have now paid the principal back. I do not put it in the way that it was an act of charity, but they asked me to borrow the money. In consequence of the advertisements of the defendant I was not actually sued for any debts in connection with the "Coach and Horses" but I was threat
<lb/>ened to be so sued. I cannot say positively I know anything about