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<p>1909, APRIL.</p>
<p>Vol. CLI.] Part 895.</p>
<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>TRUSCOTT, MAYOR.</p>
<p>SEVENTH SESSION,</p>
<p>HELD APRIL 20TH, 1909, AND FOLLOWING DAYS.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORTHAND BY</p>
<p>
<persName id="t19090420-name-1">
<interp inst="t19090420-name-1" type="gender" value="male"/>
<interp inst="t19090420-name-1" type="surname" value="WALPOLE"/>
<interp inst="t19090420-name-1" type="given" value="GEORGE"/>GEORGE WALPOLE</persName> </p>
<p>Shorthand Writer to the Court.</p>
<p>POINTS OF LAW AND PRACTICE</p>
<p>EDITED BY</p>
<p>
<persName id="t19090420-name-2">
<interp inst="t19090420-name-2" type="gender" value="indeterminate"/>R. F. GRAHAM-CAMPBELL</persName>, ESQUIRE,</p>
<p>OF THE INNER TEMPLE.</p>
<p>[Published by Annual Subscription.]</p>
<p>LONDON:</p>
<p>GEO. WALPOLE, PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W. C.</p>
<xptr type="pageFacsimile" doc="190904200002"/>
<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>
<xptr type="pageFacsimile" doc="190904200003"/>
<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 OTHER COUNTIES WITHIN THE JURISDICTION</p>
<p>OF THE</p>
<p>CENTRAL CRIMINAL COURT,</p>
<p>Held on Tuesday, April 20th, 1909, and following days.</p>
<p>Before the Right Hon. Sir
<hi rend="largeCaps">
<persName id="t19090420-name-3" type="judiciaryName">
<interp inst="t19090420-name-3" type="gender" value="male"/>
<interp inst="t19090420-name-3" type="surname" value="TRUSCOTT"/>
<interp inst="t19090420-name-3" type="given" value="GEORGE WYATT"/>GEORGE WYATT TRUSCOTT</persName> </hi>, Knight, Alderman,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; the Hon. Sir
<hi rend="smallCaps">
<persName id="t19090420-name-4" type="judiciaryName">
<interp inst="t19090420-name-4" type="gender" value="male"/>
<interp inst="t19090420-name-4" type="surname" value="JELF"/>
<interp inst="t19090420-name-4" type="given" value="ARTHUR RICHARD"/>ARTHUR RICHARD JELF</persName> </hi>, one of the Justices of His Majesty's High Court; Sir
<hi rend="smallCaps">
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<interp inst="t19090420-name-5" type="gender" value="male"/>
<interp inst="t19090420-name-5" type="surname" value="KNIGHT"/>
<interp inst="t19090420-name-5" type="given" value="HY"/>HY. E. KNIGHT</persName> </hi>, Sir
<hi rend="smallCaps">
<persName id="t19090420-name-6" type="judiciaryName">
<interp inst="t19090420-name-6" type="gender" value="male"/>
<interp inst="t19090420-name-6" type="surname" value="DAVIES"/>
<interp inst="t19090420-name-6" type="given" value="HORATIO"/>HORATIO DAVIES</persName> </hi>, K. C. M. G., Sir
<hi rend="smallCaps">
<persName id="t19090420-name-7" type="judiciaryName">
<interp inst="t19090420-name-7" type="gender" value="male"/>
<interp inst="t19090420-name-7" type="surname" value="POUND"/>
<interp inst="t19090420-name-7" type="given" value="JOHN"/>JOHN POUND</persName> </hi>, Bart., Sir
<persName id="t19090420-name-8" type="judiciaryName">
<interp inst="t19090420-name-8" type="gender" value="male"/>
<interp inst="t19090420-name-8" type="surname" value="STRONG"/>
<interp inst="t19090420-name-8" type="given" value="VESEY"/>T.
<hi rend="smallCaps">VESEY STRONG</hi> </persName>, Kt., Captain
<persName id="t19090420-name-9" type="judiciaryName">
<interp inst="t19090420-name-9" type="gender" value="indeterminate"/>W. C.
<hi rend="smallCaps">SIMMONS</hi> </persName>,
<persName id="t19090420-name-10" type="judiciaryName">
<interp inst="t19090420-name-10" type="gender" value="indeterminate"/>
<hi rend="smallCaps">C. JOHNSTON</hi> </persName>, Esq., Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t19090420-name-11" type="judiciaryName">
<interp inst="t19090420-name-11" type="gender" value="male"/>
<interp inst="t19090420-name-11" type="surname" value="FULTON"/>
<interp inst="t19090420-name-11" type="given" value="FORREST"/>FORREST FULTON</persName> </hi>, Knight, K. C., Recorder of the said City; Sir
<hi rend="smallCaps">
<persName id="t19090420-name-12" type="judiciaryName">
<interp inst="t19090420-name-12" type="gender" value="male"/>
<interp inst="t19090420-name-12" type="surname" value="BOSANQUET"/>
<interp inst="t19090420-name-12" type="given" value="FK ALBERT"/>FK. ALBERT BOSANQUET</persName> </hi>, K. C., Common Serjeant of the said City, and His Honour Judge
<hi rend="smallCaps">
<persName id="t19090420-name-13" type="judiciaryName">
<interp inst="t19090420-name-13" type="gender" value="male"/>
<interp inst="t19090420-name-13" type="surname" value="SMITH"/>
<interp inst="t19090420-name-13" 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>
<hi rend="smallCaps">
<persName id="t19090420-name-14" type="judiciaryName">
<interp inst="t19090420-name-14" type="gender" value="male"/>
<interp inst="t19090420-name-14" type="surname" value="HANSON"/>
<interp inst="t19090420-name-14" type="given" value="FRANCIS STANHOPE"/>FRANCIS STANHOPE HANSON</persName> </hi>, Esq., Alderman.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-15" type="judiciaryName">
<interp inst="t19090420-name-15" type="gender" value="male"/>
<interp inst="t19090420-name-15" type="surname" value="BADDELEY"/>
<interp inst="t19090420-name-15" type="given" value="JOHN JAMES"/>JOHN JAMES BADDELEY</persName> </hi>, Esq., Deputy.</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>
<persName id="t19090420-name-16" type="judiciaryName">
<interp inst="t19090420-name-16" type="gender" value="male"/>
<interp inst="t19090420-name-16" type="surname" value="HANSELL"/>
<interp inst="t19090420-name-16" type="given" value="ARTHUR"/>
<hi rend="smallCaps">ARTHUR</hi> D.
<hi rend="smallCaps">HANSELL</hi> </persName>, Esq.</p>
<p>
<persName id="t19090420-name-17" type="judiciaryName">
<interp inst="t19090420-name-17" type="gender" value="indeterminate"/>H. W.
<hi rend="smallCaps">CAPPER</hi> </persName>, Esq.</p>
<p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<p>1909.</p>
<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi> </p>
<p>
<hi rend="largeCaps">TRUSCOTT, MAYOR. SEVENTH SESSION</hi>.</p>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Tuesday, April 20.)</p> </div1>
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<persName id="def1-1-19090420" type="defendantName">
<interp inst="def1-1-19090420" type="gender" value="male"/>
<interp inst="def1-1-19090420" type="age" value="34"/>
<interp inst="def1-1-19090420" type="surname" value="GILTTAM"/>
<interp inst="def1-1-19090420" type="given" value="JOSEPH COULSON EDWARD"/>
<interp inst="def1-1-19090420" type="occupation" value="accountant"/>
<hi rend="largeCaps">GILTTAM</hi>, Joseph Coulson Edward (34, accountant)</persName>
<rs id="t19090420-1-offence-1" type="offenceDescription">
<interp inst="t19090420-1-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19090420-1-offence-1" type="offenceSubcategory" value="embezzlement"/>; on
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<join result="offenceCrimeDate" targOrder="Y" targets="t19090420-1-offence-1 t19090420-cd-1"/>January 30, 1909</rs>, embezzling and stealing a certain valuable security, to wit, a banker's cheque for the payment and of the value of £1,260 12s. 11d., received by him for and on account of the
<persName id="t19090420-name-19" type="victimName">
<interp inst="t19090420-name-19" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-1-offence-1 t19090420-name-19"/>Eastern Gold Farms Syndicate, Limited</persName>, his masters;</rs>
<rs id="t19090420-1-offence-2" type="offenceDescription">
<interp inst="t19090420-1-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19090420-1-offence-2" type="offenceSubcategory" value="fraud"/>being a public officer of the said
<persName id="t19090420-name-20" type="victimName">
<interp inst="t19090420-name-20" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-1-offence-2 t19090420-name-20"/>Eastern Gold Farms Syndicate, Limited</persName>, fraudulently taking and applying to his own use certain property, to wit, a banker's cheque for £1,260 12s. 11d., to his own use and benefit, and to pur
<lb/>poses other than the use and benefit of the said Company, and having received certain property, to wit, a banker's cheque for £1,260 12s. 11d., for and on account of the Eastern Gold Farms Syndicate, Limited, unlawfully and fradulently did convert the said property said parts thereof to his own use and benefit; in incurring a certain debt and liability to
<persName id="t19090420-name-21" type="victimName">
<interp inst="t19090420-name-21" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-1-offence-2 t19090420-name-21"/>Frederick J. Benson and Company</persName> to the amount of £1. 260 12s. 11d. and £1,250 respectively, unlawfully did obtain credit from them to the said amounts under false pretences;</rs>
<rs id="t19090420-1-offence-3" type="offenceDescription">
<interp inst="t19090420-1-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t19090420-1-offence-3" type="offenceSubcategory" value="embezzlement"/>embezzling and stealing divers valuable securities, to wit, on
<rs id="t19090420-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19090420-1-offence-3 t19090420-cd-2"/>June 27, 1907</rs>, one cheque for £160 14s. 6d., and on
<rs id="t19090420-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19090420-1-offence-3 t19090420-cd-3"/>October 30, 1907</rs>, one cheque for £519 3s. 90d., and on
<rs id="t19090420-cd-4" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19090420-1-offence-3 t19090420-cd-4"/>November 2,1907</rs>, one cheque for £3,500, received by him for and on account of the
<persName id="t19090420-name-22" type="victimName">
<interp inst="t19090420-name-22" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-1-offence-3 t19090420-name-22"/>Argo Transporta
<lb/>tion and Tunnel Company, Limited</persName>, his masters;</rs>
<rs id="t19090420-1-offence-4" type="offenceDescription">
<interp inst="t19090420-1-offence-4" type="offenceCategory" value="deception"/>
<interp inst="t19090420-1-offence-4" type="offenceSubcategory" value="fraud"/>being a public officer of the said company, to wit, the secretary, fraudulently taking and applying certain property of the Company to his own use and benefit and for purposes other than those of the company, to wit, the said cheques for £160 14s. 6d., £519 3s. 9d., and £3,500 respectively; having received the said property, to wit, the said cheques for £160 14s. 6d., £519 3s. 9d., and £3,500 respectively, for and on account of the said Company, unlawfully and fraudulently did convert the said property and parts thereof to his own use and benefit and to the use and benefit of another person (three indict
<lb/>ments); in incurring certain debts and liabilities to
<persName id="t19090420-name-23" type="victimName">
<interp inst="t19090420-name-23" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-1-offence-4 t19090420-name-23"/>Frederick J. Benson and Company</persName> to the following several amounts to wit, £519 3s. 9d., £500, £3,500, £152, £160 14s. 6d. and £112, did obtain credit from them to the said amounts under false pretences (3 indictments).</rs> </p>
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<p>Mr. C. F. Gill K. C., and Mr. Muir appeared to prosecute; Mr. Marshall Hall, K. C., M. P., and Mr. Douglas Hogg appeared for the defendant.</p>
<p>Mr. Gill said he proposed to offer no evidence. It was clear that the defendant had been the dupe of another man, and it would not have been possible to establish intent to defraud.</p>
<p>
<rs id="t19090420-1-verdict-1" type="verdictDescription">
<interp inst="t19090420-1-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19090420-1-verdict-1" type="verdictSubcategory" value="noEvidence"/>A verdict of Not guilty was entered.</rs> </p> </div1>
<p>
<persName id="t19090420-name-24">
<interp inst="t19090420-name-24" type="gender" value="male"/>
<interp inst="t19090420-name-24" type="age" value="40"/>
<interp inst="t19090420-name-24" type="surname" value="COLLS"/>
<interp inst="t19090420-name-24" type="given" value="GEORGE"/>
<interp inst="t19090420-name-24" type="occupation" value="agent"/>
<hi rend="largeCaps">COLLS</hi>, George (40, agent)</persName>, and
<persName id="t19090420-name-25">
<interp inst="t19090420-name-25" type="gender" value="male"/>
<interp inst="t19090420-name-25" type="age" value="49"/>
<interp inst="t19090420-name-25" type="surname" value="TWEEDTE"/>
<interp inst="t19090420-name-25" type="given" value="JAMES"/>
<interp inst="t19090420-name-25" type="occupation" value="agent"/>
<hi rend="largeCaps">TWEEDTE</hi>, James (49, agent)</persName>, who were convicted last session (see preceding vol., page 929) of forgery, etc., were brought up for sentence.</p>
<p>Further evidence to character was called on behalf of each prisoner. It was stated that the cheque book in question had been destroyed.</p>
<p>Sentence: Tweedie, Nine months' imprisonment, second division; Colls, Four months' imprisonment, second division.</p>
<p>
<persName id="t19090420-name-26">
<interp inst="t19090420-name-26" type="gender" value="male"/>
<interp inst="t19090420-name-26" type="age" value="32"/>
<interp inst="t19090420-name-26" type="surname" value="WILSON"/>
<interp inst="t19090420-name-26" type="given" value="BERTRAND"/>
<interp inst="t19090420-name-26" type="occupation" value="clerk"/>
<hi rend="largeCaps">WILSON</hi>, Bertrand (32, clerk)</persName>, who pleaded guilty last session (see preceding vol., page 878) of breaking and entering a post-office and stealing therein a number of postal-order forms and £3 in money, and of forging and uttering certain postal-orders, was brought up for sentence.</p>
<p>Sentence, Nine months' hard labour.</p>
<p>
<persName id="t19090420-name-27">
<interp inst="t19090420-name-27" type="gender" value="male"/>
<interp inst="t19090420-name-27" type="age" value="28"/>
<interp inst="t19090420-name-27" type="surname" value="JONES"/>
<interp inst="t19090420-name-27" type="given" value="ALFRED"/>
<interp inst="t19090420-name-27" type="occupation" value="labourer"/>
<hi rend="largeCaps">JONES</hi>, Alfred (28, labourer)</persName>, who was convicted last session of forging and uttering, knowing the same to be forged, a postal
<lb/>order for the payment of 17s., with intent to defraud, came up for sentence. (The case is reported in the preceding volume, page 878, where the charge is wrongly stated.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-28" type="witnessName">
<interp inst="t19090420-name-28" type="gender" value="male"/>
<interp inst="t19090420-name-28" type="surname" value="SMITH"/>
<interp inst="t19090420-name-28" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY SMITH</persName> </hi>, clerk in the Inquiries Department, G. P. O., said that prisoner had declined to give any information to assist the authorities in tracing the man with whom he had worked. Prisoner's real name was Thomas Hollett. He left the Army five years ago, and had since been in no regular employment.</p>
<p>Sentence, 18 months hard labour.</p>
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<interp inst="def1-5-19090420" type="gender" value="male"/>
<interp inst="def1-5-19090420" type="surname" value="APTHORP"/>
<interp inst="def1-5-19090420" type="given" value="DUDLEY RICHARD"/>
<hi rend="largeCaps">APTHORP</hi>, Dudley Richard</persName> (Major),
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<interp inst="t19090420-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-5-offence-1" type="offenceDescription">
<interp inst="t19090420-5-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19090420-5-offence-1" type="offenceSubcategory" value="libel"/>maliciously publishing a certain defamatory libel of, and concerning,
<persName id="t19090420-name-30" type="victimName">
<interp inst="t19090420-name-30" type="gender" value="male"/>
<interp inst="t19090420-name-30" type="surname" value="SALAMAN"/>
<interp inst="t19090420-name-30" type="given" value="FREDERICK SEYMOUR"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-5-offence-1 t19090420-name-30"/>Frederick Seymour Salaman</persName>.</rs> </p>
<p>Mr. Bodkin and Mr. Croom Johnson prosecuted; Mr. Hawtin appeared for defendant.</p>
<p>
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<join result="defendantPunishment" targOrder="Y" targets="def1-5-19090420 t19090420-5-punishment-1"/>After several adjournments of the case, it was disposed of on April 23 by defendant being released on his own recognisances to come up for judgment if called upon, and in the meantime to keep the peace and be of good behaviour towards all His Majesty's subjects, and especially towards prosecutor; he was ordered to pay the taxed costs of the prosecution, such costs not to include such costs as would be payable under Section 1 by the County, which are to be deducted from the taxed costs. Defendant's sister became surety for him in the sum of £100.</rs> </p> </div1>
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<interp inst="def1-6-19090420" type="surname" value="KNIGHT"/>
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<hi rend="largeCaps">KNIGHT</hi>, Alfred (36, labourer)</persName>,
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<interp inst="t19090420-6-verdict-11" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-6-offence-1" type="offenceDescription">
<interp inst="t19090420-6-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19090420-6-offence-1" type="offenceSubcategory" value="burglary"/>burglary in the dwelling-house of
<persName id="t19090420-name-32" type="victimName">
<interp inst="t19090420-name-32" type="gender" value="female"/>
<interp inst="t19090420-name-32" type="surname" value="HODGKINSON"/>
<interp inst="t19090420-name-32" type="given" value="AMY"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-6-offence-1 t19090420-name-32"/>Amy Hodgkinson</persName>, with intent to steal therein.</rs> He confessed to having been convicted of housebreaking at Middle
<lb/>sex Sessions, in the name of Alfred Dawson, on March 7, 1908, and there were other previous convictions.</p>
<p>Sentence,
<rs id="t19090420-6-punishment-2" type="punishmentDescription">
<interp inst="t19090420-6-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-6-punishment-2" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19090420 t19090420-6-punishment-2"/>15 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19090420-7">
<interp inst="t19090420-7" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-7" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-7-charge-1" targOrder="Y" targets="def1-7-19090420 t19090420-7-offence-1 t19090420-7-verdict-1"/>
<p>
<persName id="def1-7-19090420" type="defendantName">
<interp inst="def1-7-19090420" type="gender" value="male"/>
<interp inst="def1-7-19090420" type="age" value="28"/>
<interp inst="def1-7-19090420" type="surname" value="BOYCE"/>
<interp inst="def1-7-19090420" type="given" value="JOHN WILLIAM VALENTINE"/>
<interp inst="def1-7-19090420" type="occupation" value="soldier"/>
<hi rend="largeCaps">BOYCE</hi>, John William Valentine (28, soldier)</persName>,
<rs id="t19090420-7-verdict-1" type="verdictDescription">
<interp inst="t19090420-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-7-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-7-offence-1" type="offenceDescription">
<interp inst="t19090420-7-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19090420-7-offence-1" type="offenceSubcategory" value="bigamy"/>feloniously marrying
<persName id="t19090420-name-34" type="victimName">
<interp inst="t19090420-name-34" type="gender" value="female"/>
<interp inst="t19090420-name-34" type="surname" value="HARBIRD"/>
<interp inst="t19090420-name-34" type="given" value="CATHERINE"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-7-offence-1 t19090420-name-34"/>Catherine Harbird</persName>, his wife being then alive.</rs>
<rs id="t19090420-7-punishment-3" type="punishmentDescription">
<interp inst="t19090420-7-punishment-3" type="punishmentCategory" value="noPunish"/>
<interp inst="t19090420-7-punishment-3" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-19090420 t19090420-7-punishment-3"/>Sentence postponed to next session.</rs> </p> </div1>
<div1 type="trialAccount" id="t19090420-8">
<interp inst="t19090420-8" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-8" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-8-charge-1" targOrder="Y" targets="def1-8-19090420 t19090420-8-offence-1 t19090420-8-verdict-1"/>
<join result="criminalCharge" id="t19090420-8-charge-2" targOrder="Y" targets="def2-8-19090420 t19090420-8-offence-1 t19090420-8-verdict-1"/>
<p>
<persName id="def1-8-19090420" type="defendantName">
<interp inst="def1-8-19090420" type="gender" value="male"/>
<interp inst="def1-8-19090420" type="age" value="27"/>
<interp inst="def1-8-19090420" type="surname" value="WOODLEY"/>
<interp inst="def1-8-19090420" type="given" value="JAMES"/>
<interp inst="def1-8-19090420" type="occupation" value="overseer"/>
<hi rend="largeCaps">WOODLEY</hi>, James (27, overseer)</persName>, and
<persName id="def2-8-19090420" type="defendantName">
<interp inst="def2-8-19090420" type="gender" value="male"/>
<interp inst="def2-8-19090420" type="age" value="25"/>
<interp inst="def2-8-19090420" type="surname" value="PALMER"/>
<interp inst="def2-8-19090420" type="given" value="REGINALD"/>
<interp inst="def2-8-19090420" type="occupation" value="clerk"/>
<hi rend="largeCaps">PALMER</hi>, Reginald (25, clerk)</persName>,
<rs id="t19090420-8-verdict-1" type="verdictDescription">
<interp inst="t19090420-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-8-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-8-offence-1" type="offenceDescription">
<interp inst="t19090420-8-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19090420-8-offence-1" type="offenceSubcategory" value="housebreaking"/>breaking and entering the dwelling-house of
<persName id="t19090420-name-37" type="victimName">
<interp inst="t19090420-name-37" type="gender" value="male"/>
<interp inst="t19090420-name-37" type="surname" value="DAVIS"/>
<interp inst="t19090420-name-37" type="given" value="SAMUEL LEONARD BRUTON"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-8-offence-1 t19090420-name-37"/>Samuel Leonard Bruton Davis</persName> and stealing therein two silver cups and other articles, his goods; breaking and entering the dwell
<lb/>ing-house of
<persName id="t19090420-name-38" type="victimName">
<interp inst="t19090420-name-38" type="gender" value="male"/>
<interp inst="t19090420-name-38" type="surname" value="HAYWARD"/>
<interp inst="t19090420-name-38" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-8-offence-1 t19090420-name-38"/>Henry Hayward</persName> and stealing therein one silver plated teapot and other articles, his goods; breaking and entering the dwell
<lb/>ing-house of
<persName id="t19090420-name-39" type="victimName">
<interp inst="t19090420-name-39" type="gender" value="male"/>
<interp inst="t19090420-name-39" type="surname" value="HOWLETT"/>
<interp inst="t19090420-name-39" type="given" value="BERTRAM JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-8-offence-1 t19090420-name-39"/>Bertram James Howlett</persName> and stealing therein three gold finger rings and other articles, his goods.</rs> </p>
<p>Woodley confessed to having been convicted of larceny, at Tower Bridge Police Court, in the name of James Sydney Bell, on Decem
<lb/>ber 5, 1905; one other previous conviction was proved.</p>
<p>Sentence, Woodley,
<rs id="t19090420-8-punishment-4" type="punishmentDescription">
<interp inst="t19090420-8-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-8-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19090420 t19090420-8-punishment-4"/>12 months' hard labour</rs>; Palmer,
<rs id="t19090420-8-punishment-5" type="punishmentDescription">
<interp inst="t19090420-8-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-8-punishment-5" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-8-19090420 t19090420-8-punishment-5"/>four months' hard labour.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE THE</hi>
<hi rend="largeCaps">COMMON SERJEANT</hi>.</p>
<p>(Tuesday, April 20.)</p> </div1>
<div1 type="trialAccount" id="t19090420-9">
<interp inst="t19090420-9" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-9" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-9-charge-1" targOrder="Y" targets="def1-9-19090420 t19090420-9-offence-1 t19090420-9-verdict-1"/>
<join result="criminalCharge" id="t19090420-9-charge-2" targOrder="Y" targets="def2-9-19090420 t19090420-9-offence-2 t19090420-9-verdict-1"/>
<join result="criminalCharge" id="t19090420-9-charge-3" targOrder="Y" targets="def3-9-19090420 t19090420-9-offence-3 t19090420-9-verdict-1"/>
<p>
<persName id="def1-9-19090420" type="defendantName">
<interp inst="def1-9-19090420" type="gender" value="male"/>
<interp inst="def1-9-19090420" type="age" value="30"/>
<interp inst="def1-9-19090420" type="surname" value="SULLIVAN"/>
<interp inst="def1-9-19090420" type="given" value="JAMES"/>
<interp inst="def1-9-19090420" type="occupation" value="labourer"/>
<hi rend="largeCaps">SULLIVAN</hi>, James (30, labourer)</persName>,
<persName id="def2-9-19090420" type="defendantName">
<interp inst="def2-9-19090420" type="gender" value="male"/>
<interp inst="def2-9-19090420" type="age" value="24"/>
<interp inst="def2-9-19090420" type="surname" value="DANSON"/>
<interp inst="def2-9-19090420" type="given" value="SAMUEL EDWARD"/>
<interp inst="def2-9-19090420" type="occupation" value="watchmaker"/>
<hi rend="largeCaps">DANSON</hi>, Samuel Edward (24, watchmaker)</persName>, and
<persName id="def3-9-19090420" type="victimName">
<interp inst="def3-9-19090420" type="gender" value="male"/>
<interp inst="def3-9-19090420" type="age" value="19"/>
<interp inst="def3-9-19090420" type="surname" value="HENRY"/>
<interp inst="def3-9-19090420" type="given" value="WILLIAM"/>
<interp inst="def3-9-19090420" type="occupation" value="electrician"/>
<hi rend="largeCaps">DANSON</hi>, William Henry (19, electrician)</persName>, pleaded guilty of S. E. Danson
<rs id="t19090420-9-offence-1" type="offenceDescription">
<interp inst="t19090420-9-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19090420-9-offence-1" type="offenceSubcategory" value="forgery"/>feloniously obtaining the sum of £1 from
<persName id="t19090420-name-43" type="victimName">
<interp inst="t19090420-name-43" type="gender" value="female"/>
<interp inst="t19090420-name-43" type="surname" value="READER"/>
<interp inst="t19090420-name-43" type="given" value="SYBBELLA JANE"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-9-offence-1 t19090420-name-43"/>Sybbella Jane Reader</persName> by means of a forged instrument, to wit, a forged Savings Bank account book, knowing the same to be forged, with intent to defraud; feloniously obtaining the sum of £1 from
<persName id="t19090420-name-44" type="victimName">
<interp inst="t19090420-name-44" type="gender" value="female"/>
<interp inst="t19090420-name-44" type="surname" value="PAGE"/>
<interp inst="t19090420-name-44" type="given" value="JULIA"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-9-offence-1 t19090420-name-44"/>Julia Page</persName> by means of a forged instrument, to wit, a forged Savings Bank account book, knowing the same to be forged, with intent to defraud;</rs> James Sullivan
<rs id="t19090420-9-offence-2" type="offenceDescription">
<interp inst="t19090420-9-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19090420-9-offence-2" type="offenceSubcategory" value="forgery"/>feloniously obtaining the sum of £1 from
<persName id="t19090420-name-45" type="victimName">
<interp inst="t19090420-name-45" type="gender" value="male"/>
<interp inst="t19090420-name-45" type="surname" value="ALLENBY"/>
<interp inst="t19090420-name-45" type="given" value="RICHARD ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-9-offence-2 t19090420-name-45"/>Richard Arthur Allenby</persName> by means of a forged instrument, to wit, a forged Savings Bank account book, knowing the same to be forged, with intent to defraud; feloniously obtaining the sum of £1 from
<persName id="t19090420-name-46" type="victimName">
<interp inst="t19090420-name-46" type="gender" value="female"/>
<interp inst="t19090420-name-46" type="surname" value="SMITH"/>
<interp inst="t19090420-name-46" type="given" value="MAGGIE ETHEL"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-9-offence-2 t19090420-name-46"/>Maggie Ethel Smith</persName> by means of a forged instrument, to wit, a forged Savings Bank account book, knowing the same to be forged, with intent to defraud;</rs> W. H. Danson
<rs id="t19090420-9-offence-3" type="offenceDescription">
<interp inst="t19090420-9-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t19090420-9-offence-3" type="offenceSubcategory" value="forgery"/>feloniously endeavouring to obtain the sum of £1, and obtaining the sum of £1, by means of a a forged instrument, to wit, a forged Savings Bank deposit book, knowing the same to be forged, in each case with intent to defraud.</rs> </p>
<p>Mr. Forster Boulton, M. P., prosecuted.</p>
<p>S. E. Danson confessed to having been convicted at Winchester on April 9,1907, in the name of Carl McAlister, of stealing a bicycle, receiving 12 months' hard labour; three other summary convictions for larceny and burglary were proved.</p>
<xptr type="pageFacsimile" doc="190904200008"/>
<p>W. H. Danson confessed to having been convicted at Eastbourne on March 15, 1907, of stealing postcards, receiving six days' im
<lb/>prisonment.</p>
<p>Sentences: Sullivan,
<rs id="t19090420-9-punishment-6" type="punishmentDescription">
<interp inst="t19090420-9-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-9-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-19090420 t19090420-9-punishment-6"/>Nine months' hard labour;</rs> W. H. Danson,
<rs id="t19090420-9-punishment-7" type="punishmentDescription">
<interp inst="t19090420-9-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-9-punishment-7" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-9-19090420 t19090420-9-punishment-7"/>eight months' hard labour;</rs> S. E. Danson,
<rs id="t19090420-9-punishment-8" type="punishmentDescription">
<interp inst="t19090420-9-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-9-punishment-8" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-9-19090420 t19090420-9-punishment-8"/>18 months' hard labour.</rs> </p> </div1>
<div1 type="trialAccount" id="t19090420-10">
<interp inst="t19090420-10" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-10" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-10-charge-1" targOrder="Y" targets="def1-10-19090420 t19090420-10-offence-1 t19090420-10-verdict-1"/>
<p>
<persName id="def1-10-19090420" type="defendantName">
<interp inst="def1-10-19090420" type="gender" value="male"/>
<interp inst="def1-10-19090420" type="age" value="25"/>
<interp inst="def1-10-19090420" type="surname" value="EDWAKDS"/>
<interp inst="def1-10-19090420" type="given" value="WILLIE JAMES"/>
<interp inst="def1-10-19090420" type="occupation" value="clerk"/>
<hi rend="largeCaps">EDWAKDS</hi>, Willie James (25, clerk)</persName>,
<rs id="t19090420-10-verdict-1" type="verdictDescription">
<interp inst="t19090420-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-10-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-10-offence-1" type="offenceDescription">
<interp inst="t19090420-10-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19090420-10-offence-1" type="offenceSubcategory" value="mail"/>being employed under the Post Office did feloniously steal one post letter containing 12 penny stamps and a certain valuable security, to wit, a postal order for the payment and of the value of 20s., the goods of
<persName id="t19090420-name-48" type="victimName">
<interp inst="t19090420-name-48" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-10-offence-1 t19090420-name-48"/>His Majesty's Postmaster-General</persName>.</rs> </p>
<p>Mr. Forster Boulton, M. P., prosecuted; Mr. Purcell appeared for the prisoner.</p>
<p>Sentence,
<rs id="t19090420-10-punishment-9" type="punishmentDescription">
<interp inst="t19090420-10-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-10-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-10-19090420 t19090420-10-punishment-9"/>Nine months' imprisonment</rs>, second division.</p> </div1>
<div1 type="trialAccount" id="t19090420-11">
<interp inst="t19090420-11" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-11" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-11-charge-1" targOrder="Y" targets="def1-11-19090420 t19090420-11-offence-1 t19090420-11-verdict-1"/>
<p>
<persName id="def1-11-19090420" type="defendantName">
<interp inst="def1-11-19090420" type="gender" value="female"/>
<interp inst="def1-11-19090420" type="age" value="42"/>
<interp inst="def1-11-19090420" type="surname" value="CLIFFORD"/>
<interp inst="def1-11-19090420" type="given" value="CELESTE"/>
<interp inst="def1-11-19090420" type="occupation" value="fitter"/>
<hi rend="largeCaps">CLIFFORD</hi>, Celeste (42, fitter)</persName>,
<rs id="t19090420-11-verdict-1" type="verdictDescription">
<interp inst="t19090420-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-11-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-11-offence-1" type="offenceDescription">
<interp inst="t19090420-11-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19090420-11-offence-1" type="offenceSubcategory" value="forgery"/>feloniously forging and uttering, knowing the same to be forged, two orders each for the delivery of goods to the value of 1s. and two orders each for the delivery of goods to the value of 3s. 6d., in each case with intent to defraud.</rs> </p>
<p>Mr. Ganzoni prosecuted.</p>
<p>Prisoner confessed to having been convicted at Clerkenwell, on November 5, 1907, of feloniously obtaining goods, receiving nine months' hard labour, after two summary convictions for the same offence.</p>
<p>Sentence,
<rs id="t19090420-11-punishment-10" type="punishmentDescription">
<interp inst="t19090420-11-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-11-punishment-10" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-19090420 t19090420-11-punishment-10"/>12 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19090420-12">
<interp inst="t19090420-12" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-12" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-12-charge-1" targOrder="Y" targets="def1-12-19090420 t19090420-12-offence-1 t19090420-12-verdict-1"/>
<p>
<persName id="def1-12-19090420" type="defendantName">
<interp inst="def1-12-19090420" type="gender" value="male"/>
<interp inst="def1-12-19090420" type="age" value="24"/>
<interp inst="def1-12-19090420" type="surname" value="O'SULLIVAN"/>
<interp inst="def1-12-19090420" type="given" value="JAMES"/>
<interp inst="def1-12-19090420" type="occupation" value="musician"/>
<hi rend="largeCaps">O'SULLIVAN</hi>, James (24, musician)</persName>,
<rs id="t19090420-12-verdict-1" type="verdictDescription">
<interp inst="t19090420-12-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-12-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-12-offence-1" type="offenceDescription">
<interp inst="t19090420-12-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19090420-12-offence-1" type="offenceSubcategory" value="burglary"/>burglary in the dwelling-house of
<persName id="t19090420-name-51" type="victimName">
<interp inst="t19090420-name-51" type="gender" value="male"/>
<interp inst="t19090420-name-51" type="surname" value="DAVIS"/>
<interp inst="t19090420-name-51" type="given" value="WALTER PHILIP"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-12-offence-1 t19090420-name-51"/>Walter Philip Davis</persName> and stealing therein certain money, to wit, the sum of 17s., 5 1b. in weight of cheese and other articles, his goods.</rs> </p>
<p>Mr. St. John Morrow prosecuted.</p>
<p>Prisoner confessed to having been convicted, on August 13,1907, at Stratford of burglary, receiving 15 months' hard labour. Prisoner had confessed to the present crime when receiving one month's hard labour for wilful damage in March, 1909.</p>
<p>Sentence,
<rs id="t19090420-12-punishment-11" type="punishmentDescription">
<interp inst="t19090420-12-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-12-punishment-11" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-12-19090420 t19090420-12-punishment-11"/>12 months' hard labour</rs>.</p>
<p>
<hi rend="smallCaps">BEFORE MR</hi>.
<hi rend="largeCaps">JUSTICE JELF</hi>.</p>
<p>(Wednesday, April 21.)</p> </div1>
<div1 type="trialAccount" id="t19090420-13">
<interp inst="t19090420-13" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-13" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-13-charge-1" targOrder="Y" targets="def1-13-19090420 t19090420-13-offence-1 t19090420-13-verdict-1"/>
<p>
<persName id="def1-13-19090420" type="defendantName">
<interp inst="def1-13-19090420" type="gender" value="male"/>
<interp inst="def1-13-19090420" type="age" value="18"/>
<interp inst="def1-13-19090420" type="surname" value="DAVEY"/>
<interp inst="def1-13-19090420" type="given" value="HENRY"/>
<interp inst="def1-13-19090420" type="occupation" value="labourer"/>
<hi rend="largeCaps">DAVEY</hi>, Henry (18, labourer)</persName>
<rs id="t19090420-13-offence-1" type="offenceDescription">
<interp inst="t19090420-13-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t19090420-13-offence-1" type="offenceSubcategory" value="other"/>; feloniously setting fire to certain jute then being in the sheds of
<persName id="t19090420-name-53" type="victimName">
<interp inst="t19090420-name-53" type="gender" value="male"/>
<interp inst="t19090420-name-53" type="surname" value="GREEN"/>
<interp inst="t19090420-name-53" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-13-offence-1 t19090420-name-53"/>George Green</persName> and others; unlawfully and maliciously committing damage to certain jute, the property of
<persName id="t19090420-name-54" type="victimName">
<interp inst="t19090420-name-54" type="gender" value="male"/>
<interp inst="t19090420-name-54" type="surname" value="GREEN"/>
<interp inst="t19090420-name-54" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-13-offence-1 t19090420-name-54"/>George Green</persName> and others, to an amount exceeding £5—that is to say, to the amount of £40,000.</rs> </p>
<p>Mr. Perceval Clarke prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-55" type="witnessName">
<interp inst="t19090420-name-55" type="gender" value="male"/>
<interp inst="t19090420-name-55" type="surname" value="DULKEN"/>
<interp inst="t19090420-name-55" type="given" value="WILFRID"/>WILFRID DULKEN</persName> </hi>, partner in G. and H. Green, timber merchants, Millwall. On March 27 we had at our wharf a very large quantity of jute, hemp, and other inflammable fibres. Just after one in the</p>
<xptr type="pageFacsimile" doc="190904200009"/>
<p>afternoon it was reported to me that the place was on fire. The fire lasted about four days and the loss amounted to at least £40,000.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-56" type="witnessName">
<interp inst="t19090420-name-56" type="gender" value="male"/>
<interp inst="t19090420-name-56" type="surname" value="CAYGILL"/>
<interp inst="t19090420-name-56" type="given" value="WILLIAM"/>WILLIAM CAYGILL</persName> </hi>, foreman to Messrs. Green. On March 27, about noon, I noticed prisoner loitering about the wharf; he was not engaged there at all. I left off work at one o'clock; the place was then left in charge of Pascoe. Just after I left Pascoe came and told me the jute had been set fire to.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-57" type="witnessName">
<interp inst="t19090420-name-57" type="gender" value="male"/>
<interp inst="t19090420-name-57" type="surname" value="PASCOE"/>
<interp inst="t19090420-name-57" type="given" value="THOMAS"/>THOMAS PASCOE</persName> </hi>. I am 16 years old and work for Messrs. Green. When I was left in charge of the wharf at one o'clock on March 27 prisoner came in; he produced a box of matches and made to light a cigarette. I told him, "You must not smoke here; our men don't do that. If a spark touched one of the bales the whole place would be on fire." He lit the cigarette and put the lighted match against a bale of jute, which at once caught fire. I tried to put it out with my cap, But it was too much for me, so I ran and told Caygill.</p>
<p>To Prisoner. I did not see you try to put the flames out; possibly you did try.</p>
<p>Detective
<hi rend="smallCaps">
<persName id="t19090420-name-58" type="witnessName">
<interp inst="t19090420-name-58" type="gender" value="male"/>
<interp inst="t19090420-name-58" type="surname" value="CAMPKIN"/>
<interp inst="t19090420-name-58" type="given" value="HENRY"/>HENRY CAMPKIN</persName> </hi>, K Division. On March 27, at a quarter to seven p.m., prisoner came up to me in West Ferry Road and said, "Here I am; I will give myself up for the fire; I did not know if would be as bad as this; I am very sorry; I was on the wharf and lighting a fag; I threw the match amongst the jute; I then ran away and stayed in the dock all the afternoon."</p>
<p>Inspector
<hi rend="smallCaps">
<persName id="t19090420-name-59" type="witnessName">
<interp inst="t19090420-name-59" type="gender" value="male"/>
<interp inst="t19090420-name-59" type="surname" value="BALL"/>
<interp inst="t19090420-name-59" type="given" value="ALFRED"/>ALFRED BALL</persName> </hi>, K Division, said that on prisoner being charged at the police station he said, "I know I did wrong, sir, and that is why I gave myself up. When the boy told me I must not smoke I lit a match and pushed it against the stuff to frighten him. When I tried to put it out I could not, so I went away."</p>
<p>Prisoner now handed in the following statement: "I set fire to the jute in order to frighten the boy who was in charge of it. I intended to put the fire out just after I lit it, but it burnt so quickly that it was impossible for me to do so. I then ran away as far as Millwall Dock. Hearing that the police were in search of me, I went up to a constable and gave myself up. I am very sorry that I acted so foolishly, and I hope that you will deal leniently with me."</p>
<p>Verdict,
<rs id="t19090420-13-verdict-1" type="verdictDescription">
<interp inst="t19090420-13-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-13-verdict-1" type="verdictSubcategory" value="withRecommendation"/>Guilty, with a recommendation to mercy, the Jury accept
<lb/>ing prisoner's statement that he merely meant to frighten the boy.</rs> </p>
<p>Nothing criminal is known against the prisoner.</p>
<p>Sentence,
<rs id="t19090420-13-punishment-12" type="punishmentDescription">
<interp inst="t19090420-13-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-13-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-13-19090420 t19090420-13-punishment-12"/>Three months' imprisonment, second division.</rs> </p> </div1>
<div1 type="trialAccount" id="t19090420-14">
<interp inst="t19090420-14" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-14" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-14-charge-1" targOrder="Y" targets="def1-14-19090420 t19090420-14-offence-1 t19090420-14-verdict-1"/>
<p>
<persName id="def1-14-19090420" type="defendantName">
<interp inst="def1-14-19090420" type="gender" value="male"/>
<interp inst="def1-14-19090420" type="age" value="45"/>
<interp inst="def1-14-19090420" type="surname" value="MCDONALD"/>
<interp inst="def1-14-19090420" type="given" value="RICHARD ROBERT"/>
<interp inst="def1-14-19090420" type="occupation" value="labourer"/>
<hi rend="largeCaps">MCDONALD</hi>, Richard Robert (45, labourer)</persName>
<rs id="t19090420-14-offence-1" type="offenceDescription">
<interp inst="t19090420-14-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t19090420-14-offence-1" type="offenceSubcategory" value="arson"/>; feloniously setting fire to the dwelling-house of
<persName id="t19090420-name-61" type="victimName">
<interp inst="t19090420-name-61" type="gender" value="female"/>
<interp inst="t19090420-name-61" type="surname" value="WILKINSON"/>
<interp inst="t19090420-name-61" type="given" value="ADA"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-14-offence-1 t19090420-name-61"/>Ada Wilkinson</persName>, certain persons then being therein.</rs> </p>
<p>Mr. J. F. Vesey Fitzgerald prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-62" type="witnessName">
<interp inst="t19090420-name-62" type="gender" value="female"/>
<interp inst="t19090420-name-62" type="surname" value="WILKINSON"/>
<interp inst="t19090420-name-62" type="given" value="ADA"/>ADA WILKINSON</persName> </hi>, wife of Benjamin Wilkinson. I live at 11, Tower Street, Lambeth, which is a tenement house containing eight rooms on three floors; I occupy the ground floor front, prisoner and his wife occupy the ground floor back. At 12.30 in, the early morning of April 2 I returned home with prisoner's wife; we found the door</p>
<xptr type="pageFacsimile" doc="190904200010"/>
<p>locked. I went and fetched prisoner. On getting in prisoner went upstairs to ask a lodger named Dwyer what he meant by locking us out; nothing important happened; prisoner went to his own room and I went to bed. Shortly after I was awoke by Mrs. McDonald calling to me, "Ada, for God's sake come and help one, he is setting the place on fire." I saw the staircase was alight, and I helped to put it out. Before prisoner was taken to the station I heard him say that "he meant to burn them out." There were 14 people alto
<lb/>gether in the house.</p>
<p>To Prisoner. The fire was easily put out and no damage was done. I know the paraffin oil lamp that you have; the burner is defec
<lb/>tive. It is a small hanging lamp; it would be lit about seven o'clock.</p>
<p>Police-constable
<hi rend="smallCaps">
<persName id="t19090420-name-63" type="witnessName">
<interp inst="t19090420-name-63" type="gender" value="male"/>
<interp inst="t19090420-name-63" type="surname" value="HAWKINS"/>
<interp inst="t19090420-name-63" type="given" value="RICHARD"/>RICHARD HAWKINS</persName> </hi>, 257 L. About five to two a.m. on April 2 I was called to 11, Tower Street. I saw prisoner at the foot of the staircase; he was in a stooping position, and had this lamp an his band; the screw was undone and the wick was burning; he poured out the oil on to the woodwork and set light to it; I saw him pour oil on to the flames. I rushed in and seized him; he said, "I have set the f——g place alight. I will burn them all out," and threw the lamp over my shoulder on to the flames again. He had been drinking, but was not drunk.</p>
<p>To Prisoner. I am sure you were not drunk. You went to the station quite quietly.</p>
<p>Inspector
<hi rend="smallCaps">
<persName id="t19090420-name-64" type="witnessName">
<interp inst="t19090420-name-64" type="gender" value="male"/>
<interp inst="t19090420-name-64" type="surname" value="BATTEN"/>
<interp inst="t19090420-name-64" type="given" value="SPENCER"/>SPENCER BATTEN</persName> </hi>, L Division. On prisoner being brought to Kennington Road Police Station I told him he would be charged with maliciously setting fire to 11, Tower Street, persons being therein at the time; he said, "I wish I had burnt the lot." On the charge being read over he said, "Is the house burnt down?" I said, "No"; he then said, "Well, I'm sorry."</p>
<p>To Prisoner. You had undoubtedly been drinking.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-65" type="witnessName">
<interp inst="t19090420-name-65" type="gender" value="male"/>
<interp inst="t19090420-name-65" type="surname" value="NOEL"/>
<interp inst="t19090420-name-65" type="given" value="ERNEST"/>ERNEST NOEL</persName> </hi>, fireman. On arriving at the premises in response to fire-alarm calls I found there was nothing to be seen in the form of fire. The stairs were wet; the newel post and two or three of the balusters were scorched.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-66" type="witnessName">
<interp inst="t19090420-name-66" type="gender" value="male"/>
<interp inst="t19090420-name-66" type="surname" value="MCDONALD"/>
<interp inst="t19090420-name-66" type="given" value="RICHARD ROBERT"/>RICHARD ROBERT MCDONALD</persName> </hi> (prisoner, on oath). On April 1 I was out all day drinking heavily. At 11 at night Ada Wilkinson came to me at a public-house and said that she and my wife had been locked out by the man upstairs. I went back with her, got over a wall and let her in. She and my wife told me that they had been blackguarded by the man; I said I would see him later on when I came home, and I went out again. On returning I went straight up to bed, saying to my wife, "Never mind, let it drop till the morn
<lb/>ing." After some time I heard the man, from his room, black
<lb/>guarding us. I got out of bed, took this oil lamp in my hand, and went upstairs to his room; the door was locked; I asked him to come out. There is a little step just by the door, and as I turned round I staggered I suppose, and down went the lamp to the bottom of the stairs. My wife called out, "Bob, the house is on fire."</p>
<xptr type="pageFacsimile" doc="190904200011"/>
<p>I said, "A good job too; fetch a cup of water and I'll soon pat it out;" I was stooping down to pick up the lamp when the constable rushed in and caught hold of me.</p>
<p>Cross-examined. I might have used the words spoken to by Hawkins and Batten. I was dazed with drink. When my wife told me the house was on fire, and I said, "A good job too," that was on the impulse of the moment. I bad no intention of setting the place on fire.</p>
<p>Dr.
<hi rend="smallCaps">
<persName id="t19090420-name-67" type="witnessName">
<interp inst="t19090420-name-67" type="gender" value="male"/>
<interp inst="t19090420-name-67" type="surname" value="EAST"/>
<interp inst="t19090420-name-67" type="given" value="WILLIAM NORWOOD"/>WILLIAM NORWOOD EAST</persName> </hi>, medical officer at Brixton Prison. When I saw prisoner on the evening of April 2 he was on the verge of delirium tremens; I should say he had been drinking heavily for some days.</p>
<p>Verdict,
<rs id="t19090420-14-verdict-1" type="verdictDescription">
<interp inst="t19090420-14-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19090420-14-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<p>Mr. Justice Jelf (to prisoner). The jury have acquitted you—I confess I do not understand quite why—and you are discharged; but I should recommend you to be uncommonly careful how you behave yourself in the future.</p> </div1>
<div1 type="trialAccount" id="t19090420-15">
<interp inst="t19090420-15" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-15" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-15-charge-1" targOrder="Y" targets="def1-15-19090420 t19090420-15-offence-1 t19090420-15-verdict-1"/>
<join result="criminalCharge" id="t19090420-15-charge-2" targOrder="Y" targets="def2-15-19090420 t19090420-15-offence-1 t19090420-15-verdict-1"/>
<join result="criminalCharge" id="t19090420-15-charge-3" targOrder="Y" targets="def1-15-19090420 t19090420-15-offence-2 t19090420-15-verdict-2"/>
<join result="criminalCharge" id="t19090420-15-charge-4" targOrder="Y" targets="def2-15-19090420 t19090420-15-offence-2 t19090420-15-verdict-2"/>
<p>
<persName id="def1-15-19090420" type="defendantName">
<interp inst="def1-15-19090420" type="gender" value="male"/>
<interp inst="def1-15-19090420" type="age" value="24"/>
<interp inst="def1-15-19090420" type="surname" value="BROWN"/>
<interp inst="def1-15-19090420" type="given" value="ERNEST ALFRED"/>
<interp inst="def1-15-19090420" type="occupation" value="labourer"/>
<hi rend="largeCaps">BROWN</hi>, Ernest Alfred (24, labourer)</persName>, and
<hi rend="largeCaps">BROWN</hi>,
<persName id="def2-15-19090420" type="victimName">
<interp inst="def2-15-19090420" type="gender" value="female"/>
<interp inst="def2-15-19090420" type="surname" value="BROWN"/>
<interp inst="def2-15-19090420" type="given" value="ELLEN ELIZABETH"/>Ellen Elizabeth (his wife)</persName>,
<rs id="t19090420-15-verdict-1" type="verdictDescription">
<interp inst="t19090420-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-15-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-15-offence-1" type="offenceDescription">
<interp inst="t19090420-15-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19090420-15-offence-1" type="offenceSubcategory" value="other"/>unlawfully and wilfully neg
<lb/>lecting Alfred and
<persName id="t19090420-name-70" type="victimName">
<interp inst="t19090420-name-70" type="gender" value="male"/>
<interp inst="t19090420-name-70" type="surname" value="BROWN"/>
<interp inst="t19090420-name-70" type="given" value="WILLIAM GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-15-offence-1 t19090420-name-70"/>William George Brown</persName>, children under the age of 16 years respectively, in such a manner as to cause them un
<lb/>necessary suffering and injury to their health.</rs>
<rs id="t19090420-15-offence-2" type="offenceDescription">
<interp inst="t19090420-15-offence-2" type="offenceCategory" value="kill"/>
<interp inst="t19090420-15-offence-2" type="offenceSubcategory" value="manslaughter"/>The two children were dead, and prisoners were also indicted for their manslaughter</rs>, but
<rs id="t19090420-15-verdict-2" type="verdictDescription">
<interp inst="t19090420-15-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19090420-15-verdict-2" type="verdictSubcategory" value="noEvidence"/>on this indictment no evidence was offered, and a verdict of Not guilty was recorded.</rs> </p>
<p>Mr. Clarke Hall prosecuted; Mr. George Elliott appeared for prisoners.</p>
<p>It was stated that the two prisoners were thoroughly respectable people, and it was clear that their neglect of the two children (one aged three years, the other seven months) was in consequence of inability to support them, and repugnance to going into the work-house. The husband was out of work and the wife was employed at a restaurant earning 7s. 10d. a week, out of which she paid the rent of their lodgings and the cost of sending the two children to a creche during her absence at work, the amount remaining for food for herself, husband, and children being only 10d. a week.</p>
<p>Mr. Justice Jelf said that in this country there was no reason why any one should starve, as there were the parish and other charitable agencies which could be applied to.
<rs id="t19090420-15-punishment-13" type="punishmentDescription">
<interp inst="t19090420-15-punishment-13" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19090420-15-punishment-13" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-15-19090420 t19090420-15-punishment-13"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-15-19090420 t19090420-15-punishment-13"/>He thought, however, that in this case the neglect had arisen more from the prisoners' misfortune than from their fault, and he would release them on their own re
<lb/>cognisances in £5 to come up for judgment if called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t19090420-16">
<interp inst="t19090420-16" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-16" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-16-charge-1" targOrder="Y" targets="def1-16-19090420 t19090420-16-offence-1 t19090420-16-verdict-1"/>
<p>
<persName id="def1-16-19090420" type="defendantName">
<interp inst="def1-16-19090420" type="gender" value="male"/>
<interp inst="def1-16-19090420" type="age" value="38"/>
<interp inst="def1-16-19090420" type="surname" value="INETT"/>
<interp inst="def1-16-19090420" type="given" value="FREDERICK"/>
<interp inst="def1-16-19090420" type="occupation" value="clerk"/>
<hi rend="largeCaps">INETT</hi>, Frederick (38, clerk)</persName>
<rs id="t19090420-16-offence-1" type="offenceDescription">
<interp inst="t19090420-16-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19090420-16-offence-1" type="offenceSubcategory" value="wounding"/>; feloniously administering to
<persName id="t19090420-name-72" type="victimName">
<interp inst="t19090420-name-72" type="gender" value="female"/>
<interp inst="t19090420-name-72" type="surname" value="INETT"/>
<interp inst="t19090420-name-72" type="given" value="FRANCES MARGARET MARIAN"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-16-offence-1 t19090420-name-72"/>Frances Margaret Marian Inett</persName> (his wife) oxalic acid, with intent to murder her; second count, causing the same poison to be taken by her, with the like intent.</rs> </p>
<p>Mr. Muir and Mr. Graham-Campbell prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-73" type="witnessName">
<interp inst="t19090420-name-73" type="gender" value="female"/>
<interp inst="t19090420-name-73" type="surname" value="INETT"/>
<interp inst="t19090420-name-73" type="given" value="FRANCES MARGARET MARIAN"/>FRANCES MARGARET MARIAN INETT</persName> </hi>. I was married to prisoner in June, 1900. In February, 1906, we were living at Richmond; he was out of work, and I went, with his consent, to live with some</p>
<xptr type="pageFacsimile" doc="190904200012"/>
<p>relations at Faversham, prisoner living in apartments. We were not very happy together; he used to drink a lot, and his language was very bad towards me. I was at Faversham for five weeks; he did not send me any money whilst I was there. I subsequently went to Croydon with some friends named Page. Whilst there I saw pris
<lb/>oner about the middle of March, 1908. He said he was not in a position to keep me just then; he was in employment then. I went to see him at his office at the Fulham Borough Council about June. Mrs. Page came with me. She said, "What are you going to do About your wife?" He said he was not in a position to keep me just then. He did not tell me where he was living. On August 24 I left Croydon and went to Richmond. The same day I again saw prisoner at his office at Fulham. I said he would have to do some
<lb/>thing for me, because I was homeless; he said he would see what could be done. He took me to his private address in Fulham; I there saw Kate Simona. She was introduced to me as his wife. I stayed there about two hours. He said he would try to do some
<lb/>thing for me, but it would be a terrible strain on him. Eventually I lived at Fulham with him and Kate Simona for about eight weeks. During that time he assaulted me several times on the legs and arms. I left his house and he entered into an agreement with me to allow me 10s. a week, which he signed and he paid me the money. On February 12, at his request, I went back to live with him at Ashing
<lb/>ton Road, Fulham. He was still in the employment of the Fulham Borough Council. He used to get up an hour before me, go to work, and come back to breakfast at half-past seven. I remember February 24; he put two extra pennies in the gas meter that night just as we went to bed. I think we get three hours' gas for a penny, so that would make six extra hours. Prisoner also asked me to see that the chimney register was down, as he said he felt a draught. Next morning he came back to breakfast later than usual, about a quarter to eight. He said, "What a funny smell there is"; I said, "A good reason why; we have been nearly suffocated with gas." When I woke that morning I had found the gas (which was not lit) half turned on in the bedroom and the door shut; usually it was left ajar. Prisoner said, "You must have turned the gas on your
<lb/>self; you are silly enough to do anything when you have got worry." I told him I had not turned the gas on and that I had got reasons to think something. He replied, "Do you think I should do such a silly trick as that?" Between February 5 and March 9 prisoner was always wishing me dead. On March 10 he came back to break
<lb/>fast at a quarter past seven, earlier than usual, and himself got the breakfast. When I got down he had made the tea, and there were two cups poured out. I tasted the one that he had placed opposite to me; I said, "What's the matter with the tea, it is acid?" He said, "It is the same as mine, from the same teapot." I asked him to taste my cup; he refused, saying that he had had sufficient tea. He took my cup and poured the contents down the drain. Later on, after he had gone to work, Mrs. Webb came in; there were some dregs remaining in the cup that prisoner thought he had emptied; these were put into an egg-cup, which was handed to Sergeant Allen.</p>
<xptr type="pageFacsimile" doc="190904200013"/>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-74" type="witnessName">
<interp inst="t19090420-name-74" type="gender" value="female"/>
<interp inst="t19090420-name-74" type="surname" value="WEBB"/>
<interp inst="t19090420-name-74" type="given" value="EMILY"/>EMILY WEBB</persName> </hi>. Prisoner and his wife occupied three rooms at my house, 7, Ashington Road. On March 10, in the morning, I saw Mrs. Inett; she showed me a teacup in which there were some dregs of tea; I put my finger in it and tasted the stuff; it was acid. I put the drains into an egg-cup, which I gave to the police.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-75" type="witnessName">
<interp inst="t19090420-name-75" type="gender" value="male"/>
<interp inst="t19090420-name-75" type="surname" value="ROE"/>
<interp inst="t19090420-name-75" type="given" value="JAMES"/>JAMES ROE</persName> </hi>, in the employ of the Fulham Borough Council, said that prisoner was a fellow clerk with him at the Munster Road depot. About a fortnight before March 10 prisoner told witness that he was troubled with mice at home and asked whether he could get any oxalic acid at the stores. Later he inquired whether it would kill anyone; witness replied jocularly that it would, if one took enough of it. On March 11 witness gave Sergeant Allen the key of prisoner's desk, in which was found a tin containing some oxalic acid crystals. Pris
<lb/>oner had no use for such acid in the course of his duties, either for cleaning brass or anything else. Prisoner's usual hours were from six to five; he would go to breakfast at half-past seven. On the morning of March 10 he asked witness's permission to go earlier, at a quarter past seven.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-76" type="witnessName">
<interp inst="t19090420-name-76" type="gender" value="female"/>
<interp inst="t19090420-name-76" type="surname" value="SIMONA"/>
<interp inst="t19090420-name-76" type="given" value="KATE"/>KATE SIMONA</persName> </hi>. I have known prisoner over a year. I went through a form of marriage with him on April 20, 1908, and lived with him as his wife at various places, including Filmer House, Filmer Road; at this house Mrs. Inett also lived. I once heard prisoner say he would like to kill her; on one occasion he caught her by the throat, and I had to go and pull him away.</p>
<p>Detective-sergeant
<hi rend="smallCaps">
<persName id="t19090420-name-77" type="witnessName">
<interp inst="t19090420-name-77" type="gender" value="male"/>
<interp inst="t19090420-name-77" type="surname" value="ALLEN"/>
<interp inst="t19090420-name-77" type="given" value="ARTHUR"/>ARTHUR ALLEN</persName> </hi>, T Division. On the night of March 10 I went with other officers to 7, Ashington Road, and saw prisoner. I told him I should arrest him for attempting to poison his wife by oxalic acid. He replied, "My wife this morning said, 'What is in the tea?' as she got suspicious about it; I threw the tea down the w. c.; I put the acid in the tea with no intention of proving fatal or anything; the acid I had in a tin which I had been cleaning brass with; it was oxalic acid in crystals; I cannot say where I got it from, but I have had it by me for a long time; I threw the tin away this morning after my wife told me the tea tasted bitter. I have been wandering all the week. I do not know what made me do it. We have been very unhappy together. I know I was going to poison her, but I am wandering in my mind. I should eventually have made the Italian girl my wife. I have been living with her prior to going back to my wife a year ago. I have been burning the candle at both ends. I love the Italian girl the best of the two. I have been unhappy for nine years with my wife." Prisoner was quite sober. The egg-cup (produced) was given me by Mrs. Webb; the tin box (produced) I found in prisoner's desk at his office; I handed both to Inspector Knell.</p>
<p>Inspector
<hi rend="smallCaps">
<persName id="t19090420-name-78" type="witnessName">
<interp inst="t19090420-name-78" type="gender" value="male"/>
<interp inst="t19090420-name-78" type="surname" value="KNELL"/>
<interp inst="t19090420-name-78" type="given" value="FRANK"/>FRANK KNELL</persName> </hi> proved the handing to Dr. Willcox of the egg-cup and tin box.</p>
<p>Dr.
<hi rend="smallCaps">
<persName id="t19090420-name-79" type="witnessName">
<interp inst="t19090420-name-79" type="gender" value="male"/>
<interp inst="t19090420-name-79" type="surname" value="WILLCOX"/>
<interp inst="t19090420-name-79" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY WILLCOX</persName> </hi>, official analyst to the Home Office. In the egg-cup handed to me there was a little light brown residue; on analysis I found it to contain 1-16th of a grain of oxalic acid, in tea containing milk and sugar. The teacup (produced) holds about seven fluid ounces; there would probably have been 21 grains of</p>
<xptr type="pageFacsimile" doc="190904200014"/>
<p>oxalic acid in the full cup of tea. Oxalic acid is a powerful poison; it is not used medicinally in this country; it is occasionally so used in America, the maximum medicinal dose being half a grain. The tin box (produced) contained oxalic acid crystals.</p>
<p>Prisoner handed in a written statement, in which he referred to the unhappiness of his domestic life and to his business worries, which had affected his brain, concluding with an appeal for mercy.</p>
<p>Mrs.
<hi rend="smallCaps">INETT</hi>, recalled. Prisoner has sometimes been run down And depressed, but I have never known him in such a state that he did not know what he was doing.</p>
<p>Dr.
<hi rend="smallCaps">
<persName id="t19090420-name-80" type="witnessName">
<interp inst="t19090420-name-80" type="gender" value="male"/>
<interp inst="t19090420-name-80" type="surname" value="EAST"/>
<interp inst="t19090420-name-80" type="given" value="WILLIAM NORWOOD"/>WILLIAM NORWOOD EAST</persName> </hi>, medical officer at Brixton Prison, said that since he had had prisoner under observation he had been depressed, but he was a man of ordinary capacity and showed no sign of mental disease.</p>
<p>Verdict,
<rs id="t19090420-16-verdict-1" type="verdictDescription">
<interp inst="t19090420-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-16-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Sentence,
<rs id="t19090420-16-punishment-14" type="punishmentDescription">
<interp inst="t19090420-16-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-16-punishment-14" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-16-19090420 t19090420-16-punishment-14"/>15 years' penal servitude</rs>.</p>
<p>On an indictment for bigamy with Kate Simona, no evidence was offered, the woman having at the time of the form of marriage, known that prisoner was a married man.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Wednesday, April 21.)</p> </div1>
<div1 type="trialAccount" id="t19090420-17">
<interp inst="t19090420-17" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-17" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-17-charge-1" targOrder="Y" targets="def1-17-19090420 t19090420-17-offence-1 t19090420-17-verdict-1"/>
<join result="criminalCharge" id="t19090420-17-charge-1" targOrder="Y" targets="def1-17-19090420 t19090420-17-offence-2 t19090420-17-verdict-1"/>
<join result="criminalCharge" id="t19090420-17-charge-1" targOrder="Y" targets="def1-17-19090420 t19090420-17-offence-3 t19090420-17-verdict-1"/>
<p>
<persName id="def1-17-19090420" type="defendantName">
<interp inst="def1-17-19090420" type="gender" value="male"/>
<interp inst="def1-17-19090420" type="age" value="60"/>
<interp inst="def1-17-19090420" type="surname" value="BONNETT"/>
<interp inst="def1-17-19090420" type="given" value="ALFRED"/>
<interp inst="def1-17-19090420" type="occupation" value="secretary"/>
<hi rend="largeCaps">BONNETT</hi>, Alfred (60, secretary)</persName>
<rs id="t19090420-17-offence-1" type="offenceDescription">
<interp inst="t19090420-17-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19090420-17-offence-1" type="offenceSubcategory" value="embezzlement"/>; being employed as secretary to the
<persName id="t19090420-name-82" type="victimName">
<interp inst="t19090420-name-82" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-17-offence-1 t19090420-name-82"/>Third Royal Liver Benefit Building Society</persName>, feloniously and fraudulently embezzling divers moneys, to wit, the several sums of £350, £25, £150, £200, £75, £15, £21, £80, £550, £100, £10, £375, £100, £30, £50, £50, £185, £100, £200, £100, £100, £25, £450, £20, £20, £350, £50, £250, £200, £159, £450, £200 and £300 re
<lb/>ceived by him for and on account of his said employers; feloniously embezzling certain valuable securities, to wit, banker's cheques for the payment of the sums of £20 6s. 3d., £24, £24, £25 18s. 4d., £28 6s. 3d., £50, £100, £50 and £200, received by him for and on account of his said employers; feloniously embezzling the proceeds of the said banker's cheques;</rs>
<rs id="t19090420-17-offence-2" type="offenceDescription">
<interp inst="t19090420-17-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19090420-17-offence-2" type="offenceSubcategory" value="forgery"/>forging and uttering a certain endorse
<lb/>ment on an order for the payment of money, to wit, a banker's cheque for the payment of the sum of £200 to F. J. Webb, with intent to defraud;</rs>
<rs id="t19090420-17-offence-3" type="offenceDescription">
<interp inst="t19090420-17-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t19090420-17-offence-3" type="offenceSubcategory" value="fraud"/>being employed as secretary to the
<persName id="t19090420-name-83" type="victimName">
<interp inst="t19090420-name-83" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-17-offence-3 t19090420-name-83"/>Third Royal Liver Benefit Building Society</persName>, did unlawfully, wilfully, and with intent to defraud, falsify a certain hook and account, to wit, the Loan Book and the annual statement for the year 1908, belonging to his said employers.</rs> </p>
<p>
<rs id="t19090420-17-verdict-1" type="verdictDescription">
<interp inst="t19090420-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-17-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>Prisoner pleaded guilty in respect of falsification of the accounts.</rs> </p>
<p>Mr. George Elliott (with him Mr. Cecil Pitch) for the prosecution explained how false entries had been made in the book containing the entries due to loan creditors, so that the amounts due to them appeared to be less than they really were. Discovery of the defal
<lb/>cations was accidentally made by the fact that the amounts paid for</p>
<xptr type="pageFacsimile" doc="190904200015"/>
<p>Interest were in excess of the interest due on amounts standing to the names of the loan creditors. One creditor, for instance, accord
<lb/>ing to the amount of interest credited to him, should have been owed £1,700 by the society, whereas the actual amount credited to him was only £1,150. The money, it was said, had been swallowed up in disastrous building speculations at Southend and Cliftonville. In 1891 prisoner, then the manager of the Royal Liver Friendly Society, formed the idea of starting a building society limited to the employés of that society, and subsequently formed a second and third society of the kind, each society being calculated to expire in about 15 years. Prisoner had offered to give a charge upon his property, but it was feared there was little hope of realising the amount lost from such a source. The prosecution, however, had no desire to be vindictive in the matter.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-84" type="witnessName">
<interp inst="t19090420-name-84" type="gender" value="male"/>
<interp inst="t19090420-name-84" type="surname" value="BAKER"/>
<interp inst="t19090420-name-84" type="given" value="JOHN"/>JOHN BAKER</persName> </hi>, builder, Mitcham, and
<hi rend="smallCaps">JONAS INDERWELL</hi>, insurance broker, Ilford, gave evidence to character.</p>
<p>Mr. Curtis Bennett, for prisoner, pointed out that this was not a case of obtaining money by fraud or false pretences, but prisoner had used the money of the society to meet the demands upon him in connection with these building transactions, fie had at once con
<lb/>sented to give a charge upon the property, which he (Mr. Curtis Bennett) was instructed would amount to very much over £5,000, he being at that time under the impression that he would not be prosecuted. Prisoner was, however, still desirous that the whole of the money should be repaid.</p>
<p>
<rs id="t19090420-17-punishment-15" type="punishmentDescription">
<interp inst="t19090420-17-punishment-15" type="punishmentCategory" value="noPunish"/>
<interp inst="t19090420-17-punishment-15" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-19090420 t19090420-17-punishment-15"/>Judgment was postponed till next sessions.</rs> </p> </div1>
<div1 type="trialAccount" id="t19090420-18">
<interp inst="t19090420-18" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-18" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-18-charge-1" targOrder="Y" targets="def1-18-19090420 t19090420-18-offence-1 t19090420-18-verdict-1"/>
<join result="criminalCharge" id="t19090420-18-charge-2" targOrder="Y" targets="def1-18-19090420 t19090420-18-offence-2 t19090420-18-verdict-1"/>
<p>
<persName id="def1-18-19090420" type="defendantName">
<interp inst="def1-18-19090420" type="gender" value="female"/>
<interp inst="def1-18-19090420" type="age" value="24"/>
<interp inst="def1-18-19090420" type="surname" value="MANN"/>
<interp inst="def1-18-19090420" type="given" value="HANNAH"/>
<interp inst="def1-18-19090420" type="occupation" value="servant"/>
<hi rend="largeCaps">MANN</hi>, Hannah (24, servant)</persName>,
<rs id="t19090420-18-verdict-1" type="verdictDescription">
<interp inst="t19090420-18-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-18-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-18-offence-1" type="offenceDescription">
<interp inst="t19090420-18-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19090420-18-offence-1" type="offenceSubcategory" value="forgery"/>forging a banker's cheque for the payment of £2 10s. 6d., with intent to defraud;</rs>
<rs id="t19090420-18-offence-2" type="offenceDescription">
<interp inst="t19090420-18-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19090420-18-offence-2" type="offenceSubcategory" value="stealingFromMaster"/>steal
<lb/>ing one cheque form, the goods of
<persName id="t19090420-name-86" type="victimName">
<interp inst="t19090420-name-86" type="gender" value="male"/>
<interp inst="t19090420-name-86" type="surname" value="EDGINGTON"/>
<interp inst="t19090420-name-86" type="given" value="GEORGE THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-18-offence-2 t19090420-name-86"/>George Thomas Edgington</persName>, her employer.</rs> </p>
<p>
<rs id="t19090420-18-punishment-16" type="punishmentDescription">
<interp inst="t19090420-18-punishment-16" type="punishmentCategory" value="noPunish"/>
<interp inst="t19090420-18-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-18-19090420 t19090420-18-punishment-16"/>The Recorder discharged prisoner, Miss Richardson, of Halstead, Essex, undertaking to take charge of her.</rs> </p> </div1>
<div1 type="trialAccount" id="t19090420-19">
<interp inst="t19090420-19" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-19" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-19-charge-1" targOrder="Y" targets="def1-19-19090420 t19090420-19-offence-1 t19090420-19-verdict-1"/>
<p>
<persName id="def1-19-19090420" type="defendantName">
<interp inst="def1-19-19090420" type="gender" value="male"/>
<interp inst="def1-19-19090420" type="age" value="73"/>
<interp inst="def1-19-19090420" type="surname" value="LEESON"/>
<interp inst="def1-19-19090420" type="given" value="THOMAS"/>
<interp inst="def1-19-19090420" type="occupation" value="butler"/>
<hi rend="largeCaps">LEESON</hi>, Thomas (73, butler)</persName>,
<rs id="t19090420-19-verdict-1" type="verdictDescription">
<interp inst="t19090420-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-19-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-19-offence-1" type="offenceDescription">
<interp inst="t19090420-19-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19090420-19-offence-1" type="offenceSubcategory" value="bigamy"/>marrying
<persName id="t19090420-name-88" type="victimName">
<interp inst="t19090420-name-88" type="gender" value="female"/>
<interp inst="t19090420-name-88" type="surname" value="HAWKINS"/>
<interp inst="t19090420-name-88" type="given" value="EMILY"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-19-offence-1 t19090420-name-88"/>Emily Hawkins</persName>, his wife being then alive.</rs> The first wife of prisoner died in 1895, and in May, 1890, he married a second time, the second wife being, it was stated, a woman of very bad character, who was sentenced at Clerkenwell to 20 months' imprisonment for obtaining goods by false pretences. While sue was undergoing sentences he made the acquaintance of prosecutrix, who is a cook. He repre
<lb/>sented himself to be a man of means, and suggested that they should travel about together. Ultimately he persuaded her to go through the form of marriage. He was formerly in the army.</p>
<p>
<rs id="t19090420-19-punishment-17" type="punishmentDescription">
<interp inst="t19090420-19-punishment-17" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19090420-19-punishment-17" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-19-19090420 t19090420-19-punishment-17"/>The Recorder directed prisoner to enter into recognisances to come up for judgment if called upon, observing that he was a somewhat ancient bigamist.</rs> </p> </div1>
<div1 type="trialAccount" id="t19090420-20">
<interp inst="t19090420-20" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-20" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-20-charge-1" targOrder="Y" targets="def1-20-19090420 t19090420-20-offence-1 t19090420-20-verdict-1"/>
<p>
<persName id="def1-20-19090420" type="defendantName">
<interp inst="def1-20-19090420" type="gender" value="male"/>
<interp inst="def1-20-19090420" type="surname" value="MCKAY"/>
<interp inst="def1-20-19090420" type="given" value="WILLIAM ROWLAND"/>
<hi rend="largeCaps">MCKAY</hi>, William Rowland, a retired Major of the Army,</persName>
<rs id="t19090420-20-verdict-1" type="verdictDescription">
<interp inst="t19090420-20-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-20-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-20-offence-1" type="offenceDescription">
<interp inst="t19090420-20-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19090420-20-offence-1" type="offenceSubcategory" value="libel"/>unlawfully and maliciously publishing a certain defamatory libel of and concerning
<persName id="t19090420-name-90" type="victimName">
<interp inst="t19090420-name-90" type="gender" value="male"/>
<interp inst="t19090420-name-90" type="surname" value="MUNKETTRICK"/>
<interp inst="t19090420-name-90" type="given" value="ALEXANDER"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-20-offence-1 t19090420-name-90"/>Alexander Munkettrick</persName>.</rs> </p>
<xptr type="pageFacsimile" doc="190904200016"/>
<p>Mr. Lionel Benson, prosecuting, said his client was the only repre
<lb/>sentative of the family of Munkettrick, and keenly felt the scandalous libel prisoner had published of him. Prosecutor and he were for
<lb/>merly interested in co-adventurers in some financial transaction. Prisoner borrowed certain sums of money from prosecutor, and, in consideration of that, assigned to him his interest in a patent. Pro
<lb/>secutor afterwards removed certain goods which he considered to be his own, whereupon prisoner wrote to him an extraordinary post-card, describing him as a thief. He also laid an information against Mr. Munkettrick for stealing, but the Essex magistrates dismissed the case without calling on the defendant.</p>
<p>
<rs id="t19090420-20-punishment-18" type="punishmentDescription">
<interp inst="t19090420-20-punishment-18" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19090420-20-punishment-18" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-20-19090420 t19090420-20-punishment-18"/>The Recorder ordered prisoner to enter into recognisances to come up for judgment if called upon, and to pay the costs of the prosecu
<lb/>tion. It was also agreed that an advertisement of retraction and apology should be inserted in "The Times" and the "Glasgow Herald," the terms to be agreed, and the matter to be mentioned the first day of next sessions.</rs> </p> </div1>
<div1 type="trialAccount" id="t19090420-21">
<interp inst="t19090420-21" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-21" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-21-charge-1" targOrder="Y" targets="def1-21-19090420 t19090420-21-offence-1 t19090420-21-verdict-1"/>
<p>
<persName id="def1-21-19090420" type="defendantName">
<interp inst="def1-21-19090420" type="gender" value="male"/>
<interp inst="def1-21-19090420" type="age" value="31"/>
<interp inst="def1-21-19090420" type="surname" value="KYTE"/>
<interp inst="def1-21-19090420" type="given" value="GEORGE"/>
<interp inst="def1-21-19090420" type="occupation" value="agent"/>
<hi rend="largeCaps">KYTE</hi>, George (31, agent)</persName>,
<rs id="t19090420-21-verdict-1" type="verdictDescription">
<interp inst="t19090420-21-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-21-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty </rs>of
<rs id="t19090420-21-offence-1" type="offenceDescription">
<interp inst="t19090420-21-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19090420-21-offence-1" type="offenceSubcategory" value="forgery"/>forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for 'the payment and of the value of £1 15s. 11d., with intent to defraud; obtaining by false pretences from
<persName id="t19090420-name-92" type="victimName">
<interp inst="t19090420-name-92" type="gender" value="female"/>
<interp inst="t19090420-name-92" type="surname" value="GOLDING"/>
<interp inst="t19090420-name-92" type="given" value="LAURA"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-21-offence-1 t19090420-name-92"/>Laura Golding</persName> the sum of £1 15s. 11d., with intent to defraud.</rs> </p>
<p>Two previous convictions of a minor character were proved.</p>
<p>Sentence,
<rs id="t19090420-21-punishment-19" type="punishmentDescription">
<interp inst="t19090420-21-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-21-punishment-19" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-21-19090420 t19090420-21-punishment-19"/>One month's hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19090420-22">
<interp inst="t19090420-22" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-22" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-22-charge-1" targOrder="Y" targets="def1-22-19090420 t19090420-22-offence-1 t19090420-22-verdict-1"/>
<p>
<persName id="def1-22-19090420" type="defendantName">
<interp inst="def1-22-19090420" type="gender" value="female"/>
<interp inst="def1-22-19090420" type="age" value="19"/>
<interp inst="def1-22-19090420" type="surname" value="GRANT"/>
<interp inst="def1-22-19090420" type="given" value="EDITH"/>
<interp inst="def1-22-19090420" type="occupation" value="factory hand"/>
<hi rend="largeCaps">GRANT</hi>, Edith (19, factory hand)</persName>,
<rs id="t19090420-22-verdict-1" type="verdictDescription">
<interp inst="t19090420-22-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-22-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> to
<rs id="t19090420-22-offence-1" type="offenceDescription">
<interp inst="t19090420-22-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19090420-22-offence-1" type="offenceSubcategory" value="concealingABirth"/>an indict
<lb/>ment charging her that having been delivered of a certain male child she did by a secret disposition of its dead body endeavour to conceal the birth thereof.</rs> </p>
<p>The offence was committed on March 10. Prisoner was earning 93 a week of which she paid 7s. for her board and lodging. The body was found in the dustbin of a house in Gray's Inn Road, and it was stated that the girl did not know what had come away from her.</p>
<p>
<rs id="t19090420-22-punishment-20" type="punishmentDescription">
<interp inst="t19090420-22-punishment-20" type="punishmentCategory" value="noPunish"/>
<interp inst="t19090420-22-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-22-19090420 t19090420-22-punishment-20"/>The Recorder passed a nominal sentence, and prisoner was dis
<lb/>charged to the care of the Rev. Thomas Phillips, of Bloomsbury Chapel, who has charge of a home, which the girl will leave to enter domestic service out of London.</rs> </p> </div1>
<div1 type="trialAccount" id="t19090420-23">
<interp inst="t19090420-23" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-23" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-23-charge-1" targOrder="Y" targets="def1-23-19090420 t19090420-23-offence-1 t19090420-23-verdict-1"/>
<p>
<persName id="def1-23-19090420" type="defendantName">
<interp inst="def1-23-19090420" type="gender" value="male"/>
<interp inst="def1-23-19090420" type="age" value="31"/>
<interp inst="def1-23-19090420" type="surname" value="JONES"/>
<interp inst="def1-23-19090420" type="given" value="WILLIAM DAY"/>
<interp inst="def1-23-19090420" type="occupation" value="porter"/>
<hi rend="largeCaps">JONES</hi>, William Day (31, porter)</persName>,
<rs id="t19090420-23-verdict-1" type="verdictDescription">
<interp inst="t19090420-23-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-23-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-23-offence-1" type="offenceDescription">
<interp inst="t19090420-23-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19090420-23-offence-1" type="offenceSubcategory" value="bigamy"/>feloniously marrying
<persName id="t19090420-name-95" type="victimName">
<interp inst="t19090420-name-95" type="gender" value="female"/>
<interp inst="t19090420-name-95" type="surname" value="PEAK"/>
<interp inst="t19090420-name-95" type="given" value="FANNY LOXTON"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-23-offence-1 t19090420-name-95"/>Fanny Loxton Peak</persName>, his wife being then alive.</rs> </p>
<p>Prisoner was for 20 years employed as hall porter at the Board of Trade. He was married in 1896 and has four children. Prisoner handed in a written statement, in which he stated that he married prosecutrix because she pressed him to do so on account of her condition, but this she denied on oath, stating also that there was no improper intimacy before marriage.</p>
<p>Sentence,
<rs id="t19090420-23-punishment-21" type="punishmentDescription">
<interp inst="t19090420-23-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-23-punishment-21" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-23-19090420 t19090420-23-punishment-21"/>18 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19090420-24">
<interp inst="t19090420-24" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-24" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-24-charge-1" targOrder="Y" targets="def1-24-19090420 t19090420-24-offence-1 t19090420-24-verdict-1"/>
<join result="criminalCharge" id="t19090420-24-charge-2" targOrder="Y" targets="def2-24-19090420 t19090420-24-offence-1 t19090420-24-verdict-2"/>
<p>
<persName id="def1-24-19090420" type="defendantName">
<interp inst="def1-24-19090420" type="gender" value="male"/>
<interp inst="def1-24-19090420" type="age" value="39"/>
<interp inst="def1-24-19090420" type="surname" value="STAPLES"/>
<interp inst="def1-24-19090420" type="given" value="ALBERT"/>
<interp inst="def1-24-19090420" type="occupation" value="labourer"/>
<hi rend="largeCaps">STAPLES</hi>, Albert (39, labourer)</persName>, and
<persName id="def2-24-19090420" type="defendantName">
<interp inst="def2-24-19090420" type="gender" value="male"/>
<interp inst="def2-24-19090420" type="age" value="42"/>
<interp inst="def2-24-19090420" type="surname" value="TULEY"/>
<interp inst="def2-24-19090420" type="given" value="WALTER"/>
<interp inst="def2-24-19090420" type="occupation" value="labourer"/>
<hi rend="largeCaps">TULEY</hi>, Walter (42, labourer)</persName>
<rs id="t19090420-24-offence-1" type="offenceDescription">
<interp inst="t19090420-24-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19090420-24-offence-1" type="offenceSubcategory" value="robbery"/>; robbery with violence upon
<persName id="t19090420-name-98" type="victimName">
<interp inst="t19090420-name-98" type="gender" value="female"/>
<interp inst="t19090420-name-98" type="surname" value="COOK"/>
<interp inst="t19090420-name-98" type="given" value="LOUISA GOUGH"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-24-offence-1 t19090420-name-98"/>Louisa Gough Cook</persName> and steal
<lb/>ing a bag containing certain money, to wit, the sum of £11 6s., her goods and moneys.</rs> </p>
<xptr type="pageFacsimile" doc="190904200017"/>
<p>Mr. Godson Bohn prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-99" type="witnessName">
<interp inst="t19090420-name-99" type="gender" value="female"/>
<interp inst="t19090420-name-99" type="surname" value="COOK"/>
<interp inst="t19090420-name-99" type="given" value="LOUISA GOUGH"/>LOUISA GOUGH COOK</persName> </hi>, married woman, 26, Herne Hill. On March 15, about 7.30 p.m., I was in Bird in Bush Road, Peckham. I had been collecting rents that afternoon, and had £11 6s. in a purse in a bag. I did not see prisoner Staples until he pounced on me. I always carried the bag in my hands instead of by the handle. He dragged at the bag, but I held it firmly. He then punched me in the breast and in the mouth, loosening all my front teeth. The buttons were torn off my coat and the fur torn from inside. Finally he got the bag away. Of course, directly he got away I commenced to chase him. He had only got a few paces when he was stopped by a young man named Peagum, a very brave young man I thought he was. I never lost sight of prisoner, who struggled a long time, and fought this young man. Immediately Staples got away two other men seemed to join him. Prisoner passed the bag to some one, but I did not see to whom. It was afterwards found by the police. The money, of course, was gone. I had to be in bed for nearly a week afterwards. I am feeling better now, but I have such frightful nights. I wake up feeling as if some one was killing me, and I shout in my sleep. It has had a frightful effect on my nerves. I feel as if somebody had got hold of me and was going to murder me.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-100" type="witnessName">
<interp inst="t19090420-name-100" type="gender" value="male"/>
<interp inst="t19090420-name-100" type="surname" value="PEAGUM"/>
<interp inst="t19090420-name-100" type="given" value="THOMAS"/>THOMAS PEAGUM</persName> </hi>, printer's assistant, 5, Bateman Square, Peckham. On March 15 I was in this locality, and heard shouts of "Murder" and "Police," and went in the direction of the sound. I saw three men running from Ledbury Street. One was prisoner Staples and a second man had the appearance of Tuley. Staples had a bag like that produced clenched in his hands. I ran across the road and stopped Staples. I was attacked by another man who appeared to have a blue suit on, and struck me in the eye. Staples called to Tuley to knock me off. Staples threw me down, and my coat was torn. The bag was dropped, and I trod on it. I got up and caught Staples again, and held him till I got the aid of a constable. The third man rushed round me and made off. Whether he had the bag or not I do not know.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-101" type="witnessName">
<interp inst="t19090420-name-101" type="gender" value="male"/>
<interp inst="t19090420-name-101" type="surname" value="GRAY"/>
<interp inst="t19090420-name-101" type="given" value="THOMAS"/>THOMAS GRAY</persName> </hi>, carman, 74, Bird in Bush Road. On March 15 I was in this road and heard cries of "Stop thief." I saw two men running in Ledbury Street, with prosecutrix running behind. I followed Tuley into the Kent Road and when a constable came along gave him in charge. I never lost sight of him. I did not see any
<lb/>thing of the actual robbery. I saw Tuley struggling with Peagum to help Staples to get away. I had a friend with me named John Adams.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-102" type="witnessName">
<interp inst="t19090420-name-102" type="gender" value="male"/>
<interp inst="t19090420-name-102" type="surname" value="ADAMS"/>
<interp inst="t19090420-name-102" type="given" value="JOHN"/>JOHN ADAMS</persName> </hi>, Bird in Bush Road, greengrocer's assistant, gave similar evidence. In company with last witness he heard cries of "Murder," "Police," "Stop thief," and went to the assistance of Peagum. Tuley was standing by, and when he found Staples was taken he went away. Witness followed him with Gray to the Kent Road, where he was given into custody.</p>
<p>Police-constable
<hi rend="smallCaps">
<persName id="t19090420-name-103" type="witnessName">
<interp inst="t19090420-name-103" type="gender" value="male"/>
<interp inst="t19090420-name-103" type="surname" value="GUNN"/>
<interp inst="t19090420-name-103" type="given" value="WILLIAM"/>WILLIAM GUNN</persName> </hi>, 131 P. On March 15 I heard cries and going in the direction of Ledbury Road found prisoner Staples</p>
<xptr type="pageFacsimile" doc="190904200018"/>
<p>detained by Peagum. I took Staples into custody. Prosecutrix came up, and said he had just taken her bag and had punched her in the chest. I took him to the station.</p>
<p>Police-constable
<hi rend="smallCaps">
<persName id="t19090420-name-104" type="witnessName">
<interp inst="t19090420-name-104" type="gender" value="male"/>
<interp inst="t19090420-name-104" type="surname" value="BEACHMAN"/>
<interp inst="t19090420-name-104" type="given" value="JAMES"/>JAMES BEACHMAN</persName> </hi>, 43 P. R. In consequence of a communication made to me by witnesses Gray and Adams, I took pri
<lb/>soner Tuley into custody. I told him I should take him into custody for being concerned with another man in stealing a purse from a lady. He said, "I know nothing about the purse. I have just walked from Westminster."</p>
<p>Detect ve-sergeant
<hi rend="smallCaps">HEDGES</hi>, P Division. I was at the station when Tuley was brought in. I saw Staples detained at Peckham. He said, "Tuley did not have the bag. We had been to Westminster and came home together. I got the bag. He did not take it. I was hungry and wanted some money." When Tuley was charged he said, "I was not with him." The bag was handed to me two days after
<lb/>wards by Miss Lewis, of 36, Nutcroft Road, Peckham, who picked it up in her front garden, about a quarter of a mile from the scene of the robbery. It contained only private papers and memos.</p>
<p>Staples's statement was to the effect that there was no violence, and that he simply held the prosecutrix while he took the bag. He came out to look for work, and had been to six or seven places. His children had nothing to eat and no firing. When he went home in the evening one of the children's boots fell off its feet. He went out again to see if he could hear of anything for next day, and seeing the lady with the money in the bag tempted him. Tuley's statement was "I know nothing about it."</p>
<p>Verdict, Staples,
<rs id="t19090420-24-verdict-1" type="verdictDescription">
<interp inst="t19090420-24-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-24-verdict-1" type="verdictSubcategory" value="no_subcategory"/>robbery with violence;</rs> Tuley,
<rs id="t19090420-24-verdict-2" type="verdictDescription">
<interp inst="t19090420-24-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-24-verdict-2" type="verdictSubcategory" value="no_subcategory"/>robbery without violence.</rs> Staples had been convicted as a suspected person in March, 1906, at Greenwich Police Court.</p>
<p>Sentences, Staples.
<rs id="t19090420-24-punishment-22" type="punishmentDescription">
<interp inst="t19090420-24-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-24-punishment-22" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-24-19090420 t19090420-24-punishment-22"/>15 months' hard labour;</rs> Tuley,
<rs id="t19090420-24-punishment-23" type="punishmentDescription">
<interp inst="t19090420-24-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-24-punishment-23" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-24-19090420 t19090420-24-punishment-23"/>Six months' hard labour.</rs> </p>
<p>The Recorder said that Pegum had, in his opinion, behaved with conspicuous courage in tackling Staples and holding him until the police came up. But for his courageous conduct Staples would cer
<lb/>tainly have got away. Peagum deserved the thanks of the community for his courage, and he would receive the sum of £1 in addition to his expenses.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE COMMON SERJEANT</hi>.</p>
<p>(Wednesday, April 21.)</p> </div1>
<div1 type="trialAccount" id="t19090420-25">
<interp inst="t19090420-25" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-25" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-25-charge-1" targOrder="Y" targets="def1-25-19090420 t19090420-25-offence-1 t19090420-25-verdict-1"/>
<p>
<persName id="def1-25-19090420" type="defendantName">
<interp inst="def1-25-19090420" type="gender" value="male"/>
<interp inst="def1-25-19090420" type="age" value="61"/>
<interp inst="def1-25-19090420" type="surname" value="COLLINS"/>
<interp inst="def1-25-19090420" type="given" value="THOMAS"/>
<interp inst="def1-25-19090420" type="occupation" value="clerk"/>
<hi rend="largeCaps">COLLINS</hi>, Thomas (61, clerk)</persName>,
<rs id="t19090420-25-verdict-1" type="verdictDescription">
<interp inst="t19090420-25-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-25-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-25-offence-1" type="offenceDescription">
<interp inst="t19090420-25-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19090420-25-offence-1" type="offenceSubcategory" value="mail"/>feloniously steal
<lb/>ing one post letter, the goods of
<persName id="t19090420-name-106" type="victimName">
<interp inst="t19090420-name-106" type="gender" value="male"/>
<interp inst="t19090420-name-106" type="surname" value="MURPHY"/>
<interp inst="t19090420-name-106" type="given" value="FRANK"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-25-offence-1 t19090420-name-106"/>Frank Murphy</persName>.</rs> </p>
<p>Mr. H. T. Wright prosecuted.</p>
<p>Prisoner was stated to be of good previous character out of drunken habits; he was put back till Friday, when Mr. Spencer, of the Church Army, undertook to find him employment and to report.</p>
<xptr type="pageFacsimile" doc="190904200019"/>
<p>
<rs id="t19090420-25-punishment-24" type="punishmentDescription">
<interp inst="t19090420-25-punishment-24" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19090420-25-punishment-24" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-25-19090420 t19090420-25-punishment-24"/>Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t19090420-26">
<interp inst="t19090420-26" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-26" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-26-charge-1" targOrder="Y" targets="def1-26-19090420 t19090420-26-offence-1 t19090420-26-verdict-1"/>
<join result="criminalCharge" id="t19090420-26-charge-2" targOrder="Y" targets="def1-26-19090420 t19090420-26-offence-2 t19090420-26-verdict-1"/>
<p>
<persName id="def1-26-19090420" type="defendantName">
<interp inst="def1-26-19090420" type="gender" value="male"/>
<interp inst="def1-26-19090420" type="age" value="20"/>
<interp inst="def1-26-19090420" type="surname" value="MARTINI"/>
<interp inst="def1-26-19090420" type="given" value="HENRY"/>
<interp inst="def1-26-19090420" type="occupation" value="salesman"/>
<hi rend="largeCaps">MARTINI</hi>, Henry (20, salesman)</persName>,
<rs id="t19090420-26-verdict-1" type="verdictDescription">
<interp inst="t19090420-26-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-26-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-26-offence-1" type="offenceDescription">
<interp inst="t19090420-26-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19090420-26-offence-1" type="offenceSubcategory" value="forgery"/>feloniously uttering, knowing the same to be forged, a certain request for the delivery of goods with intent to defraud;</rs>
<rs id="t19090420-26-offence-2" type="offenceDescription">
<interp inst="t19090420-26-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19090420-26-offence-2" type="offenceSubcategory" value="simpleLarceny"/>attempting to steal two pairs of sleeve links and one dozen pairs of socks, the goods of
<persName id="t19090420-name-108" type="victimName">
<interp inst="t19090420-name-108" type="gender" value="male"/>
<interp inst="t19090420-name-108" type="surname" value="MORLEY"/>
<interp inst="t19090420-name-108" type="given" value="SAMUEL HOPE"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-26-offence-2 t19090420-name-108"/>Samuel Hope Morley</persName> and others.</rs> Prisoner confessed to having been convicted at the Guildhall on August 4, 1906, in the name of Henry Severin Turner, receiving six months' hard labour for obtaining goods by false pretences. He had also received at West London on May 11, 1904, two months' hard labour for feloniously obtaining, and on October 22, 1904, six months' hard labour for stealing a motor bicycle.</p>
<p>Sentence,
<rs id="t19090420-26-punishment-25" type="punishmentDescription">
<interp inst="t19090420-26-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-26-punishment-25" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-26-19090420 t19090420-26-punishment-25"/>12 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19090420-27">
<interp inst="t19090420-27" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-27" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-27-charge-1" targOrder="Y" targets="def1-27-19090420 t19090420-27-offence-1 t19090420-27-verdict-1"/>
<join result="criminalCharge" id="t19090420-27-charge-2" targOrder="Y" targets="def2-27-19090420 t19090420-27-offence-1 t19090420-27-verdict-1"/>
<p>
<persName id="def1-27-19090420" type="defendantName">
<interp inst="def1-27-19090420" type="gender" value="male"/>
<interp inst="def1-27-19090420" type="surname" value="MEW"/>
<interp inst="def1-27-19090420" type="given" value="GEORGE EDGAR"/>
<hi rend="largeCaps">MEW</hi>, George Edgar</persName> (solicitor), and
<persName id="def2-27-19090420" type="defendantName">
<interp inst="def2-27-19090420" type="gender" value="male"/>
<interp inst="def2-27-19090420" type="age" value="34"/>
<interp inst="def2-27-19090420" type="surname" value="STONE"/>
<interp inst="def2-27-19090420" type="given" value="JOHN"/>
<interp inst="def2-27-19090420" type="occupation" value="clerk"/>
<hi rend="largeCaps">STONE</hi>, John (34, clerk)</persName>
<rs id="t19090420-27-offence-1" type="offenceDescription">
<interp inst="t19090420-27-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19090420-27-offence-1" type="offenceSubcategory" value="forgery"/>; both feloniously forging endorsements upon two orders for the pay
<lb/>ment of money, to wit, two cheques for the payment of £2 18s. 5d. and 10s. 6d. respectively, with intent to defraud
<persName id="t19090420-name-111" type="victimName">
<interp inst="t19090420-name-111" type="gender" value="male"/>
<interp inst="t19090420-name-111" type="surname" value="ROSENTHAL"/>
<interp inst="t19090420-name-111" type="given" value="DAVIS"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-27-offence-1 t19090420-name-111"/>Davis Rosenthal</persName>, and feloniously uttering the said cheques well knowing the said endorsement to be forged; both being entrusted with the said cheques in order to pay the same to
<persName id="t19090420-name-112" type="victimName">
<interp inst="t19090420-name-112" type="gender" value="male"/>
<interp inst="t19090420-name-112" type="surname" value="ROSENTHAL"/>
<interp inst="t19090420-name-112" type="given" value="DAVIS"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-27-offence-1 t19090420-name-112"/>Davis Rosenthal</persName>, did fraudulently apply the same to their own use and benefit.</rs> </p>
<p>Mr. Bodkin, Mr. Leycester, and Mr. Stanley R. Crawford prose
<lb/>cuted; Mr. Coumbe defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-113" type="witnessName">
<interp inst="t19090420-name-113" type="gender" value="male"/>
<interp inst="t19090420-name-113" type="surname" value="ROSENTHAL"/>
<interp inst="t19090420-name-113" type="given" value="DAVIS"/>DAVIS ROSENTHAL</persName> </hi>, 29, Plummer's Row, Whitechapel. I was an agent to the Progressive Insurance Company, whom I left in Novem
<lb/>ber, last year, owing to a dispute. I claimed £6 16s., which the company disputed, and in December, 1908, I saw Stone, who I thought was a solicitor, at Mew's office, in Commercial Road. I showed him my agreement with the company, asked him to write for the £6 16s. due to me, and paid him 2s. 6d. for doing so. I afterwards saw Stone in Mew's presence, asked him to write another letter claiming an arbitration, and paid him 2s. 6d. for doing so. I afterwards saw both prisoners, when Stone said they had received a postal order for 10s. 8 1/2 d., which they would keep until the matter was finished. Stone stated that an arbitration was agreed to. I appointed Goodman, my cousin, as my arbitrator. The arbitration took place on February 12 and 15; Stone attended; I was awarded £3 9s. 1d. I was the only witness. The arbitrators awarded the guinea costs to be paid 10s. 6d. each by me and the company. Stone afterwards said, "I am sorry they only awarded a guinea, otherwise we could claim more from the company." Nothing was said about costs before the award. Stone, in Mew's presence, told me to call in a day or two and he would get the money from the company. I called and saw prisoners three or four times; they told me they had not received the money. On February 27 I received bill of costs and cash account (produced) stating the costs at £6 10s. 2d., crediting receipts on January 8, 1909, 10s. 9d.; amount of award, £2 18s. 5d.; costs awarded by arbitrators, 10s. 6d.; and showing a balance due from me of £2 10s. 6d. The letter states, "As requested I herewith</p>
<xptr type="pageFacsimile" doc="190904200020"/>
<p>send you account of my charges, together with cash account showing a balance of £2 10s. 6d. due to me." There are charges of 3s. 6d. each for the two letters. I noticed credit was given for £2 18s. 5d.—the money I had been told prisoners had not received. I wrote to Mew about it. (Letter called for; receipt of same denied by prisoners.) I afterwards saw the prisoners at their office and said to Mew, "I have come for my cheque"—as I had it from the company that he had received the cheque. Mew said that he had received it, that Stone had signed and cashed the cheque, that it was not his fault; he said, "Come to-morrow and I will pay you the money—I will settle with you." Nothing was said about the amount of the cheque or whether any money was due by me. Stone said to Goodman, who was with me, "I have signed the cheque, but a solicitor may sign a cheque on behalf of the client." Nothing was said about the bill of costs or the charges; he did not ask for costs. He said, "Come to-morrow at half-past 12 and I will give you your money—I will settle with you." Mew said that. I went the next day and only saw a clerk—I have repeatedly called and have not got my money. I then applied to the police. When I heard from Goodman that they had received the cheque, I went to the Law Society. I had an appointment with the police for Monday, March 15, to apply for a warrant. As I was going there I saw Mew outside his office in the street and said, "Look here, Mr. Mew, you have promised that you will give me the money every day at 12 o'clock, but you were not at the office. Don't you think that I do not know that you have forged my name, so I will give it over to the police; I will take a warrant out; I will lock you up." He said, Come to-morrow and you will get your money"—this was on the Sunday. On the Monday I met him outside the Court and told him, "I am going to take out a warrant." He said, "Do not go; I will give you £3." I said, "I cannot take the £3 now because I have got an appointment with the detective." He then went with me to the Court and waited outside. I gave information and a warrant was taken out. Cheque (produced) of February 17, 1909, "Pay D. Rosenthal or order £2 18s. 5d.," was shown me by Mr. Roberts, the solicitor to the company. The endorsement is not written by me, and I have not received the money. I gave no authority to Stone to sign my name. I had no knowledge that he had done so until Roberts showed me the cheque. The arbitrators fixed Mew's costs at £1 1s., of which I was to pay half. I told Stone that he had received the half-guinea from me by the postal order for 10s. 8d., which had been sent to him by the company before the arbitration. Neither Mew nor Stone told me they would charge me anything further.</p>
<p>Cross-examined. Since I took out the warrant I have been work
<lb/>ing as an agent. I have received 3s. 6d. from the Court. I never told Stone that I should be paid by the insurance company if I went on with the prosecution. I paid two half-crowns for two letters written about my claim. I had an execution in my house for rent, in reference to which Stone wrote two letters for me, for which I</p>
<xptr type="pageFacsimile" doc="190904200021"/>
<p>also paid him two half-crowns. That was in addition to the letters he wrote to the insurance company. I cannot remember how many letters he wrote. I never complained that Mew had omitted the 5s. from his cash account. I saw that he made me his debtor for £2 10s. 6d., and that he had charged for two letters; I did not point that out to him. I have been dozens of times to his office—I have been constantly there. I told the magistrate I paid him two half-crowns for the letters he wrote to the company. I saw Stone two or three days after the award was made—I took the award round to him on the first Saturday after it was made. Stone said, "You must leave it for a few days." He did not say a cheque had been received and that he would make out a proper bill of costs. Afterwards Mr. Roberts showed me the cheque, and I went to Stone and said, "I know you have received the cheque." He said, "Yes, I have received the cheque; come to-morrow and you will get your money." That was on February 27. He then said, "I have to make you out a bill of costs." He did not show me the cheque. Goodman told me he had received his £1 1s. as arbitrator. I saw Mew between February 20 and 27. I told him that he had received the cheque and he admitted it. He did not tell me he would send me a bill. On February 26 he wrote to me the letter produced stating, "As requested, I herewith send you account of my charges," and making a claim upon me for £2 10s. 6d. I did not take any notice of it because I knew he was to only have a guinea which he had received, and 5s. for the letters. I never asked him for an account. I was there the day before that—in the evening—and I said, "If you do not give me the money, I will call a policeman," so they turned the gas out and left me. After I got the letter I went there with Goodman and saw Mew, Stone, and the clerk King. I did not say that I had received the bill of costs and that I wanted the whole of the £2 18s. 5d. Mew did not refuse to give me the whole of the money. Mew did not say if he paid me the money and tried to sue me for the costs, I should have gone away to America. I wanted to go to America. My cousin told Mew that I wanted the money to buy my ticket. I had two tickets for myself and my two little children to go to America. Mew did not say that he would give me £2 if I would deal fairly about the costs. He did not say, "If give you £2, will you go away and be quiet?" I told Mew that his clerk had signed my name to a cheque—that Mr. Roberts had shown it me. Mew said, "It is not my fault—it is Stone's fault—but come to-morrow and get your money." Stone did not then say, "A solicitor may sign a cheque on behalf of his client." Mew said, "If you come to-morrow at 12 o'clock, I will pay you"—that he knew that Stone had done a wrong thing in signing my name on the cheque.</p>
<p>At this point the Judge suggested that it was impossible for the Jury to convict Mew and that it would be quite unsafe to convict Stone.</p>
<p>
<rs id="t19090420-27-verdict-1" type="verdictDescription">
<interp inst="t19090420-27-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19090420-27-verdict-1" type="verdictSubcategory" value="directed"/>The Jury returned a verdict of Not guilty.</rs> </p> </div1>
<div1 type="trialAccount" id="t19090420-28">
<interp inst="t19090420-28" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-28" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-28-charge-1" targOrder="Y" targets="def1-28-19090420 t19090420-28-offence-1 t19090420-28-verdict-1"/>
<join result="criminalCharge" id="t19090420-28-charge-2" targOrder="Y" targets="def2-28-19090420 t19090420-28-offence-1 t19090420-28-verdict-2"/>
<p>
<persName id="def1-28-19090420" type="defendantName">
<interp inst="def1-28-19090420" type="gender" value="male"/>
<interp inst="def1-28-19090420" type="age" value="22"/>
<interp inst="def1-28-19090420" type="surname" value="MARTIN"/>
<interp inst="def1-28-19090420" type="given" value="GOTTFRIED"/>
<interp inst="def1-28-19090420" type="occupation" value="dealer"/>
<hi rend="largeCaps">MARTIN</hi>, Gottfried (22, dealer)</persName>, and
<persName id="def2-28-19090420" type="defendantName">
<interp inst="def2-28-19090420" type="gender" value="male"/>
<interp inst="def2-28-19090420" type="age" value="42"/>
<interp inst="def2-28-19090420" type="surname" value="TAYLOR"/>
<interp inst="def2-28-19090420" type="given" value="HORACE JAMES"/>
<interp inst="def2-28-19090420" type="occupation" value="printer"/>
<hi rend="largeCaps">TAYLOR</hi>, Horace James (42, printer)</persName>
<rs id="t19090420-28-offence-1" type="offenceDescription">
<interp inst="t19090420-28-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19090420-28-offence-1" type="offenceSubcategory" value="fraud"/>; both conspiring, combining, confederating and agree
<lb/>ing together with divers other persons to print and cause to be printed for sale divers sheets of music in which there was then sub
<lb/>sisting copyright, without the consent in writing of the proprietors thereof, and knowing such sheets of music to have been so unlawfully printed, did unlawfully conspire to sell, expose for sale, and to have in their possession for sale such sheets of music so unlawfully printed, without such, consent as aforesaid, and did unlawfully con
<lb/>spire by the means aforesaid to defraud, injure, and prejudice the said proprietors, and unlawfully to deprive them of the profits arising from their property in the said copyrights, to the great damage of the said proprietors.</rs> </p>
<xptr type="pageFacsimile" doc="190904200022"/>
<p>Mr. Travers Humphreys and Mr. H. D. Harben prosecuted; Mr. David Rhys defended Taylor.</p>
<p>
<rs id="t19090420-28-verdict-1" type="verdictDescription">
<interp inst="t19090420-28-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-28-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>Martin pleaded guilty.</rs> </p>
<p>Detective-sergeant
<hi rend="smallCaps">
<persName id="t19090420-name-116" type="witnessName">
<interp inst="t19090420-name-116" type="gender" value="male"/>
<interp inst="t19090420-name-116" type="surname" value="SMITH"/>
<interp inst="t19090420-name-116" type="given" value="WILLIAM"/>WILLIAM SMITH</persName> </hi>, J Division. On February 5, 1909, at 8.45 a.m., I saw the witness Mansfield outside No. 196, Cassland Road, Victoria Park, with a donkey and coster's barrow, containing 16 cases. The name on the barrow was "F. Martin." I took Mansfield to the police station on suspicion of being in posses
<lb/>sion of stolen goods. He was brought up at North London, re
<lb/>manded, and ultimately discharged. On February 5 I obtained a warrant to search 196, Cassland Road. I there found 72 cases con
<lb/>taining 32,173 copies of pieces of music, which were afterwards shown to Mr. Preston, chief agent of the Music Publishers' Associa
<lb/>tion. The music was that of 54 different songs. There were five copies of "I am wearing my heart away for you"; 680 copies. "Merry Widow Waltz"; 1,450 copies "Thora"; 50 copies "The Whistler and his Dog." On February 12 I obtained a warrant and arrested Marten.</p>
<p>Sergeant
<hi rend="smallCaps">
<persName id="t19090420-name-117" type="witnessName">
<interp inst="t19090420-name-117" type="gender" value="male"/>
<interp inst="t19090420-name-117" type="surname" value="STAFFORD"/>
<interp inst="t19090420-name-117" type="given" value="RUSSELL"/>RUSSELL STAFFORD</persName> </hi>, H Division, warrant officer, Thames Police Court. On February 8 I was entrusted with a search warrant and searched a loft at 8A, Morris Road, Poplar. I found 762 pieces of music, comprising 17 different songs, which were shown to Mr. Preston. They include four copies, "I am wearing my heart away for you"; four copies "Merry Widow Walts"; two copies "Thora" I also found the Roneo duplicating machine produced and three catalogues. The Roneo duplicator had upon it the catalogue of songs, including, the four songs above mentioned. I also found a number of cards in the name of G. T. Turner (produced).</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-118" type="witnessName">
<interp inst="t19090420-name-118" type="gender" value="female"/>
<interp inst="t19090420-name-118" type="surname" value="DICKENS"/>
<interp inst="t19090420-name-118" type="given" value="MARIA"/>MARIA DICKENS</persName> </hi>, 196, Cassland Road, Victoria Park, wife of Frederick Dickens. On January 26 Martin hired a shed at the back of my premises at 1s. 6d. a week—he said he wanted it for storing old boxes. On February 5 he called at my shop. I have not seen him since except at the police court. (To the Judge.) I do not know what was put into the shed.</p>
<p>Cross-examined. I do not know Taylor.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-119" type="witnessName">
<interp inst="t19090420-name-119" type="gender" value="male"/>
<interp inst="t19090420-name-119" type="surname" value="JONES"/>
<interp inst="t19090420-name-119" type="given" value="JAMES"/>JAMES JONES</persName> </hi>, 8A, Morris Road, Poplar, wheelwright. In October, 1908, Martin, in the name of Read, rented of me a stable—he said he wanted it as a waste paper and general dealer. He used to come there once or twice a week with an old man who had a donkey barrow—Mansfield, who brought a variety of things—furniture, old</p>
<xptr type="pageFacsimile" doc="190904200023"/>
<p>iron, timber, boxes and tubs. He had a key of the loft, and could come in and out when he liked. I have never seen Taylor.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-120" type="witnessName">
<interp inst="t19090420-name-120" type="gender" value="male"/>
<interp inst="t19090420-name-120" type="surname" value="MANSFIELD"/>
<interp inst="t19090420-name-120" type="given" value="WILLIAM"/>WILLIAM MANSFIELD</persName> </hi>, 296, Devon's Road, Bow, costermonger. I have known Martin seven years by the name of "Red Martin." About eight months ago I met him accidentally when I was selling a few oranges in the street. He asked me if I could do with an old donkey and barrow—I accepted it. A few weeks afterwards, when I was in the Burdett Road, he met me and asked me whether I would do a job for him west. I met him at five am. the next day near Limehouse Church, and we both went to Red lion Square—I with my barrow and he on a bicycle, arriving there at six a.m. Martin went down Red Lion Court and brought out a number of paper parcels—seven or eight, like the parcel produced, but four times as big. I took them to a warehouse in Morris Road. I have done that about six or seven times; I have seen him undo the parcels and that they contained music. I generally went to Red lion Square at six a.m. About February 4 I took things to Case
<lb/>land Road—I took two loads of sundries—partitions, empty boxes, and other things—tables. On February 5 I was arrested with 16 cases in Cassland Road. I got them from a place in Caley Street, Limehouse, from a man of the name of Wardell. Martin told ma to go and get them and to take them to "the warehouse"—he meant in Morris Road, hut he had told me that he was going to clear everything out from Morris Road, so I took them in mistake to Cassland Road. There was no one there to take them in and the police took me into custody. I did not understand it was pirated music which was not allowed to be sold. I have met Martin also by appointment at the Horse Shoe coffee shop, Mile End Road. At Red Lion Court some boys helped Martin to bring the things out to my barrow. On one occasion, about Christmas time, I saw a man there who gave me sixpence to get a drink. It was very dark, and I should not know the man.</p>
<p>Cross-examined. The house in Red Lion Court, the place Martin went into, was one or two doors from a beer shop. I stood outside the court with my barrow. I may have gone half way into the court to take a parcel. I have never seen Taylor to my knowledge.</p>
<p>Police-constable
<hi rend="smallCaps">
<persName id="t19090420-name-121" type="witnessName">
<interp inst="t19090420-name-121" type="gender" value="male"/>
<interp inst="t19090420-name-121" type="surname" value="GOODCHILD"/>
<interp inst="t19090420-name-121" type="given" value="JAMES"/>JAMES GOODCHILD</persName> </hi>, 76 E. On March 29 I received a warrant, granted at Bow Street, to search No. 9, Red Lion Passage, Holborn, and went there with Mr. Preston and Sergeant Smith. It is a turning out of Red Lion Square. There is a beerhouse next door to No. 9, and No. 9 is about twelve yards out of Red Lion Square, I saw Taylor in a printer's shop on the ground floor. I told him I had got a warrant to search the premises. He said, "You can search where you like, you will find nothing here." I searched the ground floor and basement, in which there is a gas-engine. On the ground floor I found a litho printing machine and about thirty litho stones, three of which are produced. I sent for Robert Palmer, a lithographic music printer in the neighbourhood. He treated some of the stones, and revived the impression on the three produced, one of which shows "The Whistler and his Dog" another "Thora," and</p>
<xptr type="pageFacsimile" doc="190904200026"/>
<p>the third "The Merry Widow Waltz." I found a roll containing a transfer of a song, "I am wearing my heart away for you" (produced) ready to be printed on the stone. Taylor said, "I have not printed any music for years." Afterwards he said, "I have not done any since I was in the Willetts crowd."</p>
<p>Cross-examined. I only went into the ground floor and basement. I do not know whether the upper floors were occupied or not. I found no copies of songs.</p>
<p>(Thursday, April 22.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-122" type="witnessName">
<interp inst="t19090420-name-122" type="gender" value="male"/>
<interp inst="t19090420-name-122" type="surname" value="FOSTER"/>
<interp inst="t19090420-name-122" type="given" value="GEORGE JOHN"/>GEORGE JOHN FOSTER</persName> </hi>, clerk to Oliver, Richards, and Parker, 16, Warwick Street, Regent Street, solicitors to Mr. Rivel. the landlord of 9, Red Lion Passage, Holborn. Taylor has occupied the ground floor and basement of those premises since December 20, 1907. During that time no one has occupied the first floor. Henry Usher, patent ink bottle manufacturer, has occupied the second floor. In 1908 there has been no other tenant. There has been no other printer there except Taylor.</p>
<p>Cross-examined. Hudson formerly occupied Taylor's premises, and we put in a distress in October, 1907. Usher was Hudson's sub
<lb/>tenant, and after Hudson left I used to collect the rent each Monday from Usher. Taylor used to pay his rent quarterly, but he has not paid regularly, and I have constantly visited the premises. I invariably went into the first floor—the rooms were always empty. Within the last three months I have been about twenty times in the first floor room—no goods were in the place. There was a window broken on the second floor in the lavatory, and also one in the skylight. A Mr. Gimp son was allowed by Mr. Rivel to have his name up on the second floor; it was simply a name written on an envelope; he had no goods there.</p>
<p>Re-examined. I have seen no printing machines on the first floor. There has been nothing done there for the past eighteen months.</p>
<p>Police-constable
<hi rend="smallCaps">
<persName id="t19090420-name-123" type="witnessName">
<interp inst="t19090420-name-123" type="gender" value="male"/>
<interp inst="t19090420-name-123" type="surname" value="WOOD"/>
<interp inst="t19090420-name-123" type="given" value="WILLIAM"/>WILLIAM WOOD</persName> </hi>, J. On March 31, at 3.30 p.m., I saw Taylor at 9, Red Lion Passage I told him I was a police officer and held a warrant for his arrest, which I read to him. I met him in the door leading to the workshop on the ground floor. When I read the warrant, he said, "That is wrong." The warrant charged him with conspiring to publish pirated music. When he said, "That is wrong," I think he referred to the Christian names not being in proper order. He said, "I did some music years ago for Willetts. I should not have taken on with this last lot only I was hard pushed for a job. A friend of mine advised me not to have anything to do with it." When charged he made no reply.</p>
<p>Cross-examined. The warrant is against "Horace James Taylor for unlawfully conspiring with Gottfried Martin, Johnson, and other persons unknown, to print and cause to be printed and offered for sale divers sheets of music of which there is a subsisting copyright, and well knowing such sheets to be unlawfully printed conspiring to sell, publish, and expose for sale, and to have in their possession for</p>
<xptr type="pageFacsimile" doc="190904200027"/>
<p>sale; conspiring by means of fraud to injure and prejudice the pro
<lb/>prietors of the copyright." It is a charge of conspiracy to print, cause to be printed and to have possession of. I read the warrant to him word for word. He said, "A friend of mine advised mo not to have anything to do with it." I do mot remember his saying, "And I did not"—I did not draw that inference from his statement;. I simply took a note of what he said.</p>
<p>Re-examined. He said, "I should not have taken on with this last lot but that I was hard pressed for a job."</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-124" type="witnessName">
<interp inst="t19090420-name-124" type="gender" value="male"/>
<interp inst="t19090420-name-124" type="surname" value="WHITTLE"/>
<interp inst="t19090420-name-124" type="given" value="CHARLES"/>CHARLES WHITTLE</persName> </hi>, 27, Broadwall, Blackfriars, labourer. I know Martin as "German George," "George Martin," and "George Turner." I know a man named Jackson. On October 25 I had instructions from Preston to go to the Horse Shoe coffee tavern, Mile End Road. After waiting there a little while Jackson and Martin rode up on bicycles. I asked them if they had any "gear," meaning pirated music. Martin said to Jackson, "You serve him." Jackson asked me what I wanted, and I wrote out my order and gave it him. He was away for 10 minutes or a quarter of an hour, gave me a parcel of music, for which I paid him 1s. 6d., and which I handed to Mr. Preston.</p>
<p>Cross-examined. I have never seen Taylor.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-125" type="witnessName">
<interp inst="t19090420-name-125" type="gender" value="male"/>
<interp inst="t19090420-name-125" type="surname" value="VINCENT"/>
<interp inst="t19090420-name-125" type="given" value="CHARLES ERNEST"/>CHARLES ERNEST VINCENT</persName> </hi>, Horse Shoe coffee shop, 536, Mile End Road. I have known Turner by the name of Martin for nine or 10 months. I also know Jackson—I have not the slightest idea where Jackson is now. I have seen Martin and Jackson at my shop about once a week during the last nine or 10 months—they may have called three or four times in one week and I might not see them again for a long time. I have seen them both in possession of music. They have brought a large parcel in, made up smaller parcels, and left. They have met hawkers at my shop. Turner used to have letters addressed to my shop—the last came about March 30, the day before the last hearing at the North London Police Court (produced). It has on it, "If not received return to J. Riley, 3, Dewhurst Street, Rochdale Road, Manchester," addressed to G. Turner. Similarly addressed letters have come which I have banded over to Martin.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-126" type="witnessName">
<interp inst="t19090420-name-126" type="gender" value="male"/>
<interp inst="t19090420-name-126" type="surname" value="SMITH"/>
<interp inst="t19090420-name-126" type="given" value="WILLIAM"/>WILLIAM SMITH</persName> </hi>, recalled. I also found at Cassland Road two letters produced. One is "7. 1. 1909. If you will kindly send me a lis of what you have got in stock I will send you a good order by return. I bought a lot of stuff of you about two years ago when I lived in Sheffield. I got some good orders from there. I am serving a lot of the boys here with Marks and Smith stuff, but they want some
<lb/>thing that is better known. I got this address from a chap what is selling a lot of your stuff about Yorkshire. I did him a good turn once and he never forgot it, but you will remember my sending to you from Sheffield. You will find me a good customer if you have anything decent in, and if you deal as straight as you did two years ago. Please let me hear from you soon if you can—you will greatly oblige. Send to this address—R. Perry, 44, Bedford Street, C. on M., Manchester. "C. on M." means Chorlton-on-Medlock, a</p>
<xptr type="pageFacsimile" doc="190904200028"/>
<p>suburb of Manchester. The other letter is "12, Five Bells Lane, Rochester. February 3. Mr. Turner. Sir,—I am sorry that I could not answer your postcard before, but I was very ill, and I will give you a better order next time. I received goods, but only nine of 'Love me and the world is mine,' and a few 'Merry Widows.' All the other stuff I cannot sell just now. If you could, please send me the following: 'Merry Widow' love me and the world is mine,' 'Down the vale,' together with others. I will send 2s. extra—will oblige. Willie Page. P.S.—As early as you can."</p>
<p>Chief Inspector
<hi rend="smallCaps">
<persName id="t19090420-name-127" type="witnessName">
<interp inst="t19090420-name-127" type="gender" value="male"/>
<interp inst="t19090420-name-127" type="surname" value="BROOKS"/>
<interp inst="t19090420-name-127" type="given" value="JAMES"/>JAMES BROOKS</persName> </hi>, Rochester City Police. I know Mrs. Payne, of 12, Five Bells Lane, Rochester. On March 27 I was entrusted with a search warrant granted by the Rochester City Sessions, under the Musical Copyright Act, to search her premises. I saw Mrs. Payne, and in consequence of what she said went to the house of Mrs. Smith, Medway Street, Chatham, where I found a box containing 49 pieces of music, of which I produce a list. Copy Merry Widow Walt," "The Whistler and his Dog," and two copies. of "Thora," produced, were in the box. They bear no publishers' name. There were also five copies of "Love me and the world is mine." I also found postcard produced, addressed "Mrs. Payne, 12, Five Bells Lane, Rochester," from "13, Junction Place, Amherst Road, Hackney. Dear Madam,—Received your order this evening (Wednesday). Will be sent away to-morrow (Thursday). Kindly send all orders to above address and they will be promptly attended to. If you send to Mile End the order may fall into Jackson's hand and I do not want to see you get messed, so I will do it per
<lb/>sonally myself.—Tours, G. Turner." All these exhibits have been shown to Mr. Preston.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-128" type="witnessName">
<interp inst="t19090420-name-128" type="gender" value="male"/>
<interp inst="t19090420-name-128" type="surname" value="PALMER"/>
<interp inst="t19090420-name-128" type="given" value="ROBERT"/>ROBERT PALMER</persName> </hi>, lithographic music printer, employed by George Udloff, 34 Eagle Street, Holborn. I have had 20 years' practical experience. On March 29, by request of the police, I went to 9, Red Lion Passage, and examined a number of lithographic stones, three of which are produced. In printing genuine music for a composer or artist the song or dance is sent to an engraver, who engraves it on a pewter plate. This is transferred on to the stone and an impression is taken, corrected, etched up on the stone, and gummed up, and the work is ready for printing. All copies of pirated music are written by hand or traced on to transfer paper by copying from the genuine copy, put on the stone and printed in the ordinary way. When I saw the lithographic stones at Red Lion Court I con
<lb/>sidered that work had been ground out of the stone with sand within two or three days—an impression had been cleaned or cleared off. What led me to that impression was that the sand which had been used, and which goes over the edge of the stone, was wet. Had the stones been ground a long while previously the sand would have been perfectly dry. I treated the stones to see if I could find any trace of the work that had been on them, and I got up the impressions as they are now on the three stones produced. One of them is "The Merry Widow Waltz," another "The Whistler and His Dog," and the third is "Thora." They are now as I left them on March 29.</p>
<xptr type="pageFacsimile" doc="190904200029"/>
<p>By further work I could bring up the impression better. If the work had been ground right out of the stone I could not have repro
<lb/>duced it. In my opinion the work had been on the stones for some months. A printer might have run 50,000 copies off the stone in a week. I have examined the three copies produced—"Merry Widow Walts," "Whistler and His Dog," and "Thora." I measured where the lines are irregular, or where there are blemishes. I find that every blemish on the stone tallies with the copy. I should say beyond all reasonable doubt they have been produced from those stones. I do not recollect whether Mr. Preston was present when I was working on the stones. The stones were dry when I first found them.</p>
<p>Cross-examined. The whole of "The Merry Widow Walts" is not on the stone—only four pages. There were other stones which. I treated and did not find an impression. After the impression is on the stone it is possible to get a retransfer from it which could be used on another stone. If you apply that retransfer and the ink is allowed to stand a considerable time, the ink sinks more into the stone than in the ordinary way of working, but no lithographer would allow the ink to lie on the stone, as it is of a greasy nature and would run. It would sink deep if allowed to stand a consider
<lb/>able time. I do not think that has happened in this case, as the ink would have run more. A transfer and a retransfer are exactly the same—the second is practically the same as the first, but the paper might stretch. I could not tell you whether the impression on these stones is from a transfer or a retransfer. I can swear that both copies of "Merry Widow" (produced) have been printed off the one machine—from the same stone; I could not say whether from a transfer or a retransfer. I am not prepared to say whether the two copies "Whistler and His Dog" are printed off a transfer or a retransfer; I am prepared to say they both came off the same stone. I cannot say if the two copies of "Thora" are from a transfer or a retransfer—they are from the same transfer, directly or in
<lb/>directly. It is quite possible to place a retransfer on another stone and get an impression exactly the same as from the first, but not with the same spaces—the paper is liable to stretch—it could not be done so as to get them exactly alike. I can prove that the two copies "Whistler and His Dog" have both been taken from the same stone. There is every reason to believe that the two "Thoras" came off the same stone—I could not absolutely swear to it. In some cases it is difficult to grind the work off the stone if the work has been standing very long; in other cases, where the work has not been standing long, it is easy to get it off with a bit of rough grit
<lb/>stone. If the work had keen on a long time it would require grind
<lb/>ing with sand and repolishing. If you grind enough you can get out any mark.</p>
<p>Re-examined. With a retransfer you would find the work iden
<lb/>tical, but not the spaces on the stones. I measured the spaces in one copy of the "Merry Widow" and found they tallied with the stone. (Witness was asked to compare copies of "Thora" and "The Whistler and his Dog" with the stones which he did.) The spaces</p>
<xptr type="pageFacsimile" doc="190904200030"/>
<p>are exactly the same. (To Mr. Rhys.) The man who put them on the first stone had made a mistake and put them down badly. Those mistakes in the placing of the four pages of music are repeated in the other copies.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-129" type="witnessName">
<interp inst="t19090420-name-129" type="gender" value="male"/>
<interp inst="t19090420-name-129" type="surname" value="PRESTON"/>
<interp inst="t19090420-name-129" type="given" value="ARTHUR"/>ARTHUR PRESTON</persName> </hi>, chief agent, Musical Publishers' Association, Queen's Hall, Langham Places I am authorised in writing under the Statute to act for all members of the association. I have the authority with me. I have been shown a number of sheets of music found by the police, including five copies of "I am wearing my heart away for you," the copyright of which is owned by Sheard and Son. I produce certificate of copyright under the Act of 1842 dated July 11, 1906, for the words and music. The copyright of the "Merry Widow" and "The Whistler and his Dog" is owned by Chappell and Co., Limited; "Thora" is owned by Boosey and Co. I produce certificates of copyright. I have had many years' expe
<lb/>rience in examining pirated copies. Copies produced of "Thora," "Whistler and his Dog," and "Merry Widow Waltz" are pirated copies. The copies of all three "Merry Widow Waltz" are iden
<lb/>tical with the stones produced. I Have examined 32,173 copies of music found in Cassland Road; they are all pirated copies of copy
<lb/>right musical works; also the 772 pieces found at Morris Road; also the 49 pieces found at Mrs. Payne's, at Rochester. I examined the 16 cases which Mansfield was found in possession of. They con
<lb/>sisted of 10,000 copies of "My Ain Folk," all pirated copies of a musical work, the copyright of which I produce, owned by Boosey and Co. On October 25, 1906, I instructed Whittle, gave him 1s. 6d., and saw him go into the Horse Shoe coffee shop. I saw Martin and Jackson go into the coffee shop; Jackson came out and returned in about a quarter of an hour, when Whittle came out and handed me roll produced containing 16 pirated copies of songs, including copy of "Merry Widow Waltz," which I have compared with the other copies produced, and which, in my opinion, is identical with them; they possess the same blemishes, some of which are very striking. Whittle also handed me list of songs produced which, in my opinion, is in Martin's writing. I was present at Rochester when Inspector Brooks found a number of songs at Mrs. Payne's, including copies of "The Whistler and his Dog" and "Merry Widow," which, in my opinion, were printed from the stones produced. I have not examined the copies of "Thora" I saw the work done upon the stones by the witness Palmer at Red Lion Passage.</p>
<p>Cross-examined. I nave not done lithographic printing myself, and my opinion that these copies were printed from the stones pro
<lb/>duced is only the opinion of a man who knows what you all know.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-130" type="witnessName">
<interp inst="t19090420-name-130" type="gender" value="male"/>
<interp inst="t19090420-name-130" type="surname" value="CHURCH"/>
<interp inst="t19090420-name-130" type="given" value="EDMUND WALTER"/>EDMUND WALTER CHURCH</persName> </hi>, clerk to Henry Percy Butcher, solicitor for the prosecution. I have seen Martin write. Postcards signed "G. Turner," found at Mrs. Payne's, and list of songs produced are in his handwriting to the best of my belief. The man Willetts re
<lb/>ferred to by Taylor was prosecuted in December, 1905, for piracy and conspiracy, and convicted in this Court in January, 1906.</p>
<xptr type="pageFacsimile" doc="190904200031"/>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-131" type="witnessName">
<interp inst="t19090420-name-131" type="gender" value="male"/>
<interp inst="t19090420-name-131" type="surname" value="TAYLOR"/>
<interp inst="t19090420-name-131" type="given" value="HORACE JAMES"/>HORACE JAMES TAYLOR</persName> </hi> (prisoner, on oath). I have been a litho
<lb/>graphic printer for about 25 years, and have occupied the ground floor and basement of 9, Bed Lion Passage. The first floor and top floor have been empty ever since I have been there. The front door is usually open. It can be very easily opened with any key. I have seen it open early in the morning and late at night. Martin came to see me once or twice within the last three or four months. He came just before Christmas and asked me to do three or four stones from four transfers. At that particular time I had a dis
<lb/>traint in my house, and I undertook to do them, and had got ready three stones out of the four when a friend named Wallace came in as I was getting the last stone ready. He said, "Do you know there is a reward out for one of these things—you are a fool to go on with it." I pulled a retransfer off the three stones and left them for Martin (whom I knew as Turner) to call for them. I did not print any copies of the three songs. The copy of "Merry Widow" produced is undoubtedly printed from a retransfer; not from the impression I placed on my stone. The two copies of "Thora" are from retransfers. I at no time printed any copies of music from these stones.</p>
<p>Cross-examined. I understand I am charged with conspiracy—I do not see where it comes in. I have known Martin casually for four or five years, as a waste paper merchant. Quite recently I knew he was dealing in pirated music. He used to come round for waste paper—he had a cart with the name of "Turner, waste paper dealer." I knew it was criminal to print or sell pirated music. At Christmas Martin brought me copies of songs with the transfers. I do not know where he got the transfers made and did not ask him. I knew the copies were pirated, and understood I was being asked to print pirated music, which I knew to be wrong. I agreed to do it because I was hard up. Before that I had 'heard that Martin was dealing in pirated music—that he had been doing so since August—about eight months ago. About that tame I met him and he told me that he thought of starting in this line. I refused to have any
<lb/>thing to do with it at that time. If Mansfield used to come to Red lion Passage about eight months ago he did not take the parcels of music from my place—they were stored in the empty place upstairs. I knew that Martin used this empty place to store his music—some
<lb/>times on the first floor and sometimes on the third floor; the second floor was occupied. He mentioned it. to me, and said as the police were watching one of his places he was afraid to go there; that was some time last year—somewhere about August—towards the end of August or September; I suppose he could not get the music away from the place where he stored it because the police were watching, so he stored it at Red Lion Passage. He used to bring it in the evening and take it away in the morning, as a rule. I should think he stopped doing it in March; I could not tell you exactly; I have not taken any interest in it. It was never stored there excepting</p>
<xptr type="pageFacsimile" doc="190904200032"/>
<p>from night to morning. It was brought in at night and taken away the next morning time after time. Martin told me he did that be
<lb/>cause it was not convenient to go to the other place. He used the upper half of my place—it had nothing to do with my place. He had a key with which he used to open the front door—he must have had one. I did not live there; it was only a workshop. When I had put the work on the three stones Wallace came in and told me there was a heavy reward for one of these, and of course I did not do it. That was the first time I knew there was a reward out—that was October or November. These stones were prepared in October or November—all on one evening. I made up my mind I would not have anything to do with it, and on the following day I pulled retransfers, which Martin called or sent for a day or two afterwards. The transfers produced are for a fresh song sent afterwards, called "I am wearing my heart away for you." It had not been put on the stone at all. The transfer is accompanied by a copy of the song so that any mis
<lb/>takes may be corrected. It is a pirated copy. That was sent just before I told him I would not have anything to do with it. He asked me in October or November to do this, and I took on the job because I was hard up. I got the stones ready within a day or two; it was about six hours work to do the three stones. I should have printed as soon as I got the paper. Martin sent the paper. Then within a day or two Wallace came in—the same evening when I was trans
<lb/>fering one of them. I think it was the "Merry Widow"—and told me about the reward. At that time I had not got the transfers of "I am wearing my heart away for you." I afterwards met Martin in Bishopsgate Street, and told him I would have nothing to do with them. He said he would call for them. I think it was after Christmas I got the last transfer, long after I had decided to have nothing to do with them, and long after Martin knew that I had decided to, have nothing to do with them. These transfers are traced from a copy, and would cost Martin some money. He said he would call for them. He told me he could not get anybody to do them. I did not inquire who was going to print them. I do not know Scobell. I think it is very difficult for any man to say that these copies were printed from those stones. I cannot now point out Any differences between the copies and the stones in the condition the stones are now. I could not say one way or the other. The spaces might be identical, as the retransfer would be done in one sheet. It is quite possible that the spaces would be identical, although the copies are printed from a retransfer. I took the retransfers to hand them back to him so that he could get them done somewhere else; they cost him money. I took the retransfers after Wallace came. Martin was entitled to have his transfer back. I made the retransfers in order that Martin might use them for getting pirated music printed by some other printer.</p>
<p>Re-examined. Martin handed me certain transfers. I decided to have nothing to do with the job, and I gave him back a transfer. I was never present upon the premises when the parcels were brought in. I never saw any music arrive or leave. I saw him taking</p>
<xptr type="pageFacsimile" doc="190904200033"/>
<p>parcels in there one evening, but I could not swear there was music in them. He was at liberty to use the premises—in a sense they were public property; anyone used to go up there. I nave never bad any music stored on my premises, the ground floor or the basement. The police have often been in my place. Detective-sergeants Barr and Stevens called about a case they were interested in, and I gave them a little information. They have frequently been in my place at all hours of the day. I did not transfer the whole of the "Merry Widow"—only the inside four pages; that was all that was brought to me.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-132" type="witnessName">
<interp inst="t19090420-name-132" type="gender" value="male"/>
<interp inst="t19090420-name-132" type="surname" value="WALLACE"/>
<interp inst="t19090420-name-132" type="given" value="HUGH"/>HUGH WALLACE</persName> </hi>, 8, Plum tree Court, Holborn, lithographic printer. Some time ago I called at 9, Red Lion Court and saw prisoner trans
<lb/>ferring some music to a stone. I asked him was it pirated music. He told me it was, and I strongly advised him to have nothing further to do with it. He promised that he would not do anything further with it. I believe he said he would have to pull retransfers and return them to the people who gave him the transfers. I have had twenty-six years' experience as a lithographic printer. I heard Palmer's evidence. In taking a retransfer, if it is done with a certain sort of paper, you could get it exactly the same, but using common paper there might be a slight shade of difference. Experts can tell whether it is a first transfer or a second transfer when it is badly done—if the transfer is pulled with rather a lot of ink on it splashes slightly, and the second transfer would be thicker than the first. Looking at the copy of the "Merry Widow," produced, the first page is a retransfer decidedly. Looking at "Thora," that is also a re
<lb/>transfer. The two copies of "Thora" produced are different; there is an imperfection in one which does not occur on the other. I have no doubt they are from different stones. Without further examina
<lb/>tion I could not tell whether either the copies of "Thora" are printed from the stone produced.</p>
<p>Cross-examined. When I saw prisoner preparing the stones I thought it was pirated music, because I had heard about it, and it is a very uncommon thing for us printers to do any music. Music print
<lb/>ing is a special branch. I do not print music. I am not prepared to deny Palmer's evidence because I have not examined the stones. If you found similar imperfections upon two copies you might say in all probability they had come from the same stone. I do not dispute that. I could not say whether the copy of the "Merry Widow Waltz" is made from die stone produced, because I have not examined the stone. I could not say anything to the contrary.</p>
<p>Verdict,
<rs id="t19090420-28-verdict-2" type="verdictDescription">
<interp inst="t19090420-28-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-28-verdict-2" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Martin was proved to have been convicted on January 31, 1906, of being in possession of pirated music and sentenced to two months' im
<lb/>prisonment, or £10 fine and three guineas costs; also on January 1, 1907, at Thames Police Court sentenced to £5 fine or one month, for selling pirated music. Taylor was stated to have had an injunc
<lb/>tion against him in 1902 on the complaint of Hopwood and Crew, and also in 1906.</p>
<xptr type="pageFacsimile" doc="190904200034"/>
<p>Sentence, Martin,
<rs id="t19090420-28-punishment-26" type="punishmentDescription">
<interp inst="t19090420-28-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-28-punishment-26" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-28-19090420 t19090420-28-punishment-26"/>12 months' hard labour, on two indictments, con
<lb/>current</rs>; Taylor,
<rs id="t19090420-28-punishment-27" type="punishmentDescription">
<interp inst="t19090420-28-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-28-punishment-27" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-28-19090420 t19090420-28-punishment-27"/>six months' hard labour.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE LUMLEY SMITH</hi>.</p>
<p>(Wednesday, April 21.)</p> </div1>
<div1 type="trialAccount" id="t19090420-29">
<interp inst="t19090420-29" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-29" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-29-charge-1" targOrder="Y" targets="def1-29-19090420 t19090420-29-offence-1 t19090420-29-verdict-1"/>
<join result="criminalCharge" id="t19090420-29-charge-2" targOrder="Y" targets="def1-29-19090420 t19090420-29-offence-2 t19090420-29-verdict-1"/>
<join result="criminalCharge" id="t19090420-29-charge-3" targOrder="Y" targets="def1-29-19090420 t19090420-29-offence-3 t19090420-29-verdict-1"/>
<p>
<persName id="def1-29-19090420" type="defendantName">
<interp inst="def1-29-19090420" type="gender" value="male"/>
<interp inst="def1-29-19090420" type="age" value="31"/>
<interp inst="def1-29-19090420" type="surname" value="THOMPSON"/>
<interp inst="def1-29-19090420" type="given" value="WILLIAM"/>
<interp inst="def1-29-19090420" type="occupation" value="operator"/>
<hi rend="largeCaps">THOMPSON</hi>, William (31, operator)</persName>,
<rs id="t19090420-29-verdict-1" type="verdictDescription">
<interp inst="t19090420-29-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-29-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-29-offence-1" type="offenceDescription">
<interp inst="t19090420-29-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19090420-29-offence-1" type="offenceSubcategory" value="simpleLarceny"/>stealing two spools and four cinematograph films, the goods of
<persName id="t19090420-name-134" type="victimName">
<interp inst="t19090420-name-134" type="gender" value="male"/>
<interp inst="t19090420-name-134" type="surname" value="CROW"/>
<interp inst="t19090420-name-134" type="given" value="HERBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-29-offence-1 t19090420-name-134"/>Herbert Crow</persName>;</rs>
<rs id="t19090420-29-offence-2" type="offenceDescription">
<interp inst="t19090420-29-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19090420-29-offence-2" type="offenceSubcategory" value="simpleLarceny"/>also to stealing two spools and six cinematograph films, the goods of
<persName id="t19090420-name-135" type="victimName">
<interp inst="t19090420-name-135" type="gender" value="male"/>
<interp inst="t19090420-name-135" type="surname" value="LIVER"/>
<interp inst="t19090420-name-135" type="given" value="HORACE"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-29-offence-2 t19090420-name-135"/>Horace Liver</persName> and another;</rs>
<rs id="t19090420-29-offence-3" type="offenceDescription">
<interp inst="t19090420-29-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t19090420-29-offence-3" type="offenceSubcategory" value="simpleLarceny"/>also to stealing three cinematograph films, the goods of
<persName id="t19090420-name-136" type="victimName">
<interp inst="t19090420-name-136" type="gender" value="male"/>
<interp inst="t19090420-name-136" type="surname" value="WEISKER"/>
<interp inst="t19090420-name-136" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-29-offence-3 t19090420-name-136"/>Frederick Weisker</persName> and another.</rs> </p>
<p>He confessed to a conviction for felony in 1906 in the name of Albert Storer. Several other convictions were proved, dating back to 1891. It being stated that another charge against him was pend
<lb/>ing, he also pleaded guilty to that in order that the Court might deal with all matters against him up to date.</p>
<p>Sentence,
<rs id="t19090420-29-punishment-28" type="punishmentDescription">
<interp inst="t19090420-29-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-29-punishment-28" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-29-19090420 t19090420-29-punishment-28"/>Two years' hard labour on each indictment, to run con
<lb/>currently.</rs> </p> </div1>
<div1 type="trialAccount" id="t19090420-30">
<interp inst="t19090420-30" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-30" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-30-charge-1" targOrder="Y" targets="def1-30-19090420 t19090420-30-offence-1 t19090420-30-verdict-5"/>
<join result="criminalCharge" id="t19090420-30-charge-2" targOrder="Y" targets="def2-30-19090420 t19090420-30-offence-1 t19090420-30-verdict-5"/>
<join result="criminalCharge" id="t19090420-30-charge-3" targOrder="Y" targets="def3-30-19090420 t19090420-30-offence-1 t19090420-30-verdict-5"/>
<join result="criminalCharge" id="t19090420-30-charge-4" targOrder="Y" targets="def4-30-19090420 t19090420-30-offence-1 t19090420-30-verdict-5"/>
<join result="criminalCharge" id="t19090420-30-charge-5" targOrder="Y" targets="def5-30-19090420 t19090420-30-offence-2 t19090420-30-verdict-1"/>
<join result="criminalCharge" id="t19090420-30-charge-6" targOrder="Y" targets="def6-30-19090420 t19090420-30-offence-2 t19090420-30-verdict-2"/>
<join result="criminalCharge" id="t19090420-30-charge-7" targOrder="Y" targets="def7-30-19090420 t19090420-30-offence-2 t19090420-30-verdict-3"/>
<join result="criminalCharge" id="t19090420-30-charge-8" targOrder="Y" targets="def8-30-19090420 t19090420-30-offence-2 t19090420-30-verdict-4"/>
<p>
<persName id="def1-30-19090420" type="defendantName">
<interp inst="def1-30-19090420" type="gender" value="male"/>
<interp inst="def1-30-19090420" type="age" value="34"/>
<interp inst="def1-30-19090420" type="surname" value="PINE"/>
<interp inst="def1-30-19090420" type="given" value="CHARLES"/>
<interp inst="def1-30-19090420" type="occupation" value="carman"/>
<hi rend="largeCaps">PINE</hi>, Charles (34, carman)</persName>,
<persName id="def2-30-19090420" type="defendantName">
<interp inst="def2-30-19090420" type="gender" value="male"/>
<interp inst="def2-30-19090420" type="age" value="25"/>
<interp inst="def2-30-19090420" type="surname" value="BLYTH"/>
<interp inst="def2-30-19090420" type="given" value="JOHN"/>
<interp inst="def2-30-19090420" type="occupation" value="porter"/>
<hi rend="largeCaps">BLYTH</hi>, (John 25, porter)</persName>,
<persName id="def3-30-19090420" type="defendantName">
<interp inst="def3-30-19090420" type="gender" value="male"/>
<interp inst="def3-30-19090420" type="age" value="24"/>
<interp inst="def3-30-19090420" type="surname" value="PAVEY"/>
<interp inst="def3-30-19090420" type="given" value="ARTHUR"/>
<interp inst="def3-30-19090420" type="occupation" value="labourer"/>
<hi rend="largeCaps">PAVEY</hi>, Arthur (24, labourer)</persName>,
<persName id="def4-30-19090420" type="defendantName">
<interp inst="def4-30-19090420" type="gender" value="male"/>
<interp inst="def4-30-19090420" type="age" value="21"/>
<interp inst="def4-30-19090420" type="surname" value="ELSON"/>
<interp inst="def4-30-19090420" type="given" value="CHRIS"/>
<interp inst="def4-30-19090420" type="occupation" value="porter"/>
<hi rend="largeCaps">ELSON</hi>, Chris (21, porter)</persName>,
<persName id="def5-30-19090420" type="defendantName">
<interp inst="def5-30-19090420" type="gender" value="indeterminate"/>
<interp inst="def5-30-19090420" type="age" value="60"/>
<interp inst="def5-30-19090420" type="surname" value="WARSHAWSKY"/>
<interp inst="def5-30-19090420" type="given" value="GERSHON"/>
<interp inst="def5-30-19090420" type="occupation" value="shopkeeper"/>
<hi rend="largeCaps">WARSHAWSKY</hi>, Gershon (60, shopkeeper)</persName>,
<persName id="def6-30-19090420" type="defendantName">
<interp inst="def6-30-19090420" type="gender" value="male"/>
<interp inst="def6-30-19090420" type="age" value="17"/>
<interp inst="def6-30-19090420" type="surname" value="WARSHAWSKY"/>
<interp inst="def6-30-19090420" type="given" value="HYMAN"/>
<interp inst="def6-30-19090420" type="occupation" value="saleroom attendant"/>
<hi rend="largeCaps">WARSHAWSKY</hi>, Hyman (17, saleroom attendant)</persName>,
<persName id="def7-30-19090420" type="defendantName">
<interp inst="def7-30-19090420" type="gender" value="male"/>
<interp inst="def7-30-19090420" type="age" value="40"/>
<interp inst="def7-30-19090420" type="surname" value="ROSENTHAL"/>
<interp inst="def7-30-19090420" type="given" value="ISAAC"/>
<interp inst="def7-30-19090420" type="occupation" value="merchant"/>
<hi rend="largeCaps">ROSENTHAL</hi>, Isaac (40, merchant)</persName>, and
<persName id="def8-30-19090420" type="defendantName">
<interp inst="def8-30-19090420" type="gender" value="male"/>
<interp inst="def8-30-19090420" type="age" value="32"/>
<interp inst="def8-30-19090420" type="surname" value="ROSENTHAL"/>
<interp inst="def8-30-19090420" type="given" value="BENJAMIN"/>
<interp inst="def8-30-19090420" type="occupation" value="merchant"/>
<hi rend="largeCaps">ROSENTHAL</hi>, Benjamin (32, merchant)</persName>; Pine, Blyth, Pavey, and Elson
<rs id="t19090420-30-offence-1" type="offenceDescription">
<interp inst="t19090420-30-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19090420-30-offence-1" type="offenceSubcategory" value="theftFromPlace"/>breaking and entering the warehouse of
<persName id="t19090420-name-145" type="victimName">
<interp inst="t19090420-name-145" type="gender" value="male"/>
<interp inst="t19090420-name-145" type="surname" value="CLEAR"/>
<interp inst="t19090420-name-145" type="given" value="WILLIAM MAY"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-30-offence-1 t19090420-name-145"/>William May Clear</persName> and others and stealing therein a quantity of cloth and silk, their goods;</rs> Gershon Warshawsky, Hyman Warshawsky, Isaac Rosenthal, and Benjamin Rosenthal
<rs id="t19090420-30-offence-2" type="offenceDescription">
<interp inst="t19090420-30-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19090420-30-offence-2" type="offenceSubcategory" value="receiving"/>receiving the said cloth and silk well knowing it to have been stolen.</rs> </p>
<p>Mr. Muir and Mr. Frampton prosecuted; Mr. F. E. Smith, K. C., N. P., Mr. Basil Watkins, and Mr. R. Oldfield defended the Rosen
<lb/>thals; O. Mr. George Elliott and Mr. Macoun defended the War
<lb/>shawskys.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-146" type="witnessName">
<interp inst="t19090420-name-146" type="gender" value="male"/>
<interp inst="t19090420-name-146" type="surname" value="POWELL"/>
<interp inst="t19090420-name-146" type="given" value="CHARLES EDWARD"/>CHARLES EDWARD POWELL</persName> </hi>, employed by Everett, Clear and Hay
<lb/>ward, of 18, Charing Cross Road. It is my duty to see the premises closed, and I did so on Saturday, February 20 last, at 2.45, with this padlock (produced) and a bar. I was brought back by the police at about five that afternoon, when I found the padlock forced off and the door open. The place was in disorder. I could not tell then what was missing.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-147" type="witnessName">
<interp inst="t19090420-name-147" type="gender" value="male"/>
<interp inst="t19090420-name-147" type="surname" value="HALEY"/>
<interp inst="t19090420-name-147" type="given" value="MATTHEW JAMES"/>MATTHEW JAMES HALEY</persName> </hi>, employed by Henry Alford, of Wardour Street. When in the yard on February 20, about 2.45 p.m., Pine came to me and asked for a small van and horse, for which I tele
<lb/>phoned to the oflice. I got them and went with Pine to Bear Street, Leicester Square, where I had a drink with him, and then to 18, Charing Cross Road, where I saw Blyth, Elson, and Pavey. They started loading the van with rolls of cloth. When we left Pine said, "Let me take the reins. I know exactly where to go as we are in</p>
<xptr type="pageFacsimile" doc="190904200035"/>
<p>a hurry," and, knowing he as a carman, I let him drive. One of the others (I think Pavey) was with us in the van—we went to some premises, which I afterwards pointed out to the police. I think Pavey went into the shop. Blyth came out and they unloaded the van with the help of a man they got off the corner. They then drawed away to a public-house close handy and called for drinks for themselves and me, and paid the van hire (4s. 6d.), and sent me home. Pine came to the stable to see me next day. He gave me £2, and told me I needn't say nothing. Between that and Thursday I was seen by Inspector Fowler, and I went with him on Friday to Leman Street, where I pointed out the premises into which the cloth had been taken from Charing Cross Road.</p>
<p>Cross-examined by Mr. Elliott. I did not see the Warshawskys in the transaction. A man who is not here spoke to me in the public-house in Bear Street; a short, slim man, and fair, I should say. He conversed with Pine for a couple of minutes, and left. I never saw him again. He did not go to Charing dross Road.</p>
<p>Detective
<hi rend="smallCaps">
<persName id="t19090420-name-148" type="witnessName">
<interp inst="t19090420-name-148" type="gender" value="male"/>
<interp inst="t19090420-name-148" type="surname" value="HARRELL"/>
<interp inst="t19090420-name-148" type="given" value="GEORGE"/>GEORGE HARRELL</persName> </hi>, H Division. Shortly titer 4 am. on February 20, I went to 18, Charing Cross Road to make an inquiry, and found the outer door open. I rang the bell but got no answer. I went in and found the padlock on the counter of the warehouse. It was damaged, and had been forced. I kept observation till some officers came, and I reported the matter and left the place in their hands.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-149" type="witnessName">
<interp inst="t19090420-name-149" type="gender" value="male"/>
<interp inst="t19090420-name-149" type="surname" value="NYBERG"/>
<interp inst="t19090420-name-149" type="given" value="LAZARUS"/>LAZARUS NYBERG</persName> </hi>, carman to Mr. Lubin, of Holloway Street, Union Street, Whitechapel. I have known the Warshawskys for about two years. I saw Hyman outside my governor's stable on February 25 last, when he asked if we could let him have a horse and van. My employer let him have them, and I took charge of it, and drove to the Warshawskys' place in Leman Street as directed by Hyman War
<lb/>shawsky, who was with me. We both got out, and he went, like, into a doorway. I followed him in, and he asked his father if the cellar door was open. He replied "Yes, it is open." He went straight through towards the cellar. I followed him, and another man came up from the cellar, an elderly man. I was to wait outside and he would hand the parcels to me, the elderly man handing them to him. Parcels in brown paper were handed to me by Hyman from the cellar. I put them in the van. They were larger and fatter parcels than these (produced). Gershon Warshawsky took no part in the loading. He asked me How many parcels I had in the van. I told him, and he said, "All right." I finished loading. I think I had nine or ten parcels. I was told to take the van to Hanbury Street. Before we started Hyman told me to pull my sheets down at the back of the van. You cannot then see what the in the van. It was dry weather, and there fore not necessary as a protection against wet. Hyman got into the van with me, and I drove to Hanbury Street (Rosenthal's). He jumped off the van and went into the shop. I pulled the sheets up, and started carrying in the stuff. We got there between 10 and 10.30. I was told to put the parcels in the corner, and when I had the last one off, like, I wanted to be paid the money for the job (2s. 6d.), so</p>
<xptr type="pageFacsimile" doc="190904200036"/>
<p>I went from one department to the other. I asked Hyman, and he said he had no change. I think the Rosenthal with the black moustache gave him 2s. 6d. to give me. The following Sunday I saw an account in the papers of proceedings at Bow Street, and I com
<lb/>municated with the police. When we got to the shop Isaac raid, "You are quick back again."</p>
<p>Cross-examined by Mr. Elliott. The elder Warshawsky took no part in the proceedings. What I have said relates to the younger. I was at the street door; there are stairs leading down to the cellar and also to another floor. They would rather obscure the view if you were at the back of the stairs. The younger Warshawsky told me to wait at the corner and the old man would hand the parcels to him. That is not one of the men here or at the police court. He was a little man—rather sandy. The parcels were not properly packed in the van, but thrown in. I was responsible for that. It is usual to pull down the sheets to save the stuff falling off, and it looks neater.</p>
<p>Cross-examined by Mr. Smith. I have no doubt it was Isaac I saw. I saw them both I am sure.</p>
<p>Re-examined. The elder Warshawsky had hid hand up against the shop door, smoking a cigarette. He could see what too place. The tail of the van was up. The conversation I heard was between Hyman and Isaac.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-150" type="witnessName">
<interp inst="t19090420-name-150" type="gender" value="male"/>
<interp inst="t19090420-name-150" type="surname" value="GLENSWICK"/>
<interp inst="t19090420-name-150" type="given" value="PHILIP"/>PHILIP GLENSWICK</persName> </hi>, of Russell and Co., tailors, Fenchurch Street. Our premises are on the first and second floors. We display our goods in the windows above. I know the Rosenthals—Benjamin called upon me on February 24, about four o'clock—I was at the Cheapside branch and was phoned for by my partner. He showed me some samples of cloth—trouser lengths, 1 1/4 yards, and other smaller pieces (produced). I agreed to buy 150 1/4 yards single width at 1s. 6d.; 110 yards at 3s. 5d.; 360 1/2 yards at 3s. 3d.; and 201/4 yards at 4s. 6d. Nothing was said about delivery. The total I was to pay was £121 14s. 3d. I received invoices (Exhibits 12 and 13). One is in pencil and one in ink. We have not paid anything. I might mention that we have dealt with them for about 10 years, and we buy of them on an average once a fortnight tailors' trimmings and woollens, and we have paid them on account, if we buy a parcel of that kind, about £40 at the end of the week. If we feel disposed to pay more we do so. I was shortly after visited by the police. The goods were delivered on February 25 in two deliveries, when I was at the other branch. On Monday, March 1, I was present when Inspector Fowler came and the goods were identified by Mr. Clear as the property of his firm. They were all thin materials and dress coatings.</p>
<p>Cross-examined by Mr. Smith. I have had about 20 years' expe
<lb/>rience. We have dealt with Rosenthals in woollens, trimmings, buttons, trousers, and so forth—also cloth—nothing but job cloths in woollens—nothing in the regular lines. There was nothing un
<lb/>usual in his bringing samples of that kind. I think the figure was the regular job price for those goods, and I should not pay more.</p>
<xptr type="pageFacsimile" doc="190904200037"/>
<p>Assuming that Rosenthals gave £111 for those materials, it would not be extravagant profit to them. I would expect to make 10 per cent. I have no doubt as to the value of the goods.</p>
<p>Re-examined. I purchased them all as job lots. You might term them bargains, but I should not in the regular way of trade. My father dealt with Messrs. Clear. They are a highly respectable firm.</p>
<p>Police-constable
<hi rend="smallCaps">
<persName id="t19090420-name-151" type="witnessName">
<interp inst="t19090420-name-151" type="gender" value="male"/>
<interp inst="t19090420-name-151" type="surname" value="PELL"/>
<interp inst="t19090420-name-151" type="given" value="CHARLES"/>CHARLES PELL</persName> </hi>, 266 C. On March 16 I went to 28, Leman Street and made a plan. I went with the architect, who represented the parish (plan produced). The size of the shop pre
<lb/>mises is 15ft. 8 in. by 13ft., and the cellar basement 13ft. by 13 ft. 2 in. Not quite so large as the dock. A person standing in the doorway would not command a view of the cellar. There is a passage leading straight to the cellar. There is a vestibule there, and it goes straight into the shop. The distance from the street door to the shop door is 6 ft. 10 in. You could stand at the entrance of the shop and see anything taken from the cellar to the street.</p>
<p>Cross-examined by Mr. Elliott. The stairs leading to the cellar and those leading to the first floor would not obscure the view of a person standing in the doorway in regard to what was going on in the cellar. His view would be limited to the end of the passage where the staircase begins.</p>
<p>Detective-sergeant
<hi rend="smallCaps">
<persName id="t19090420-name-152" type="witnessName">
<interp inst="t19090420-name-152" type="gender" value="male"/>
<interp inst="t19090420-name-152" type="surname" value="HUNT"/>
<interp inst="t19090420-name-152" type="given" value="HUGH"/>HUGH HUNT</persName> </hi>, C Division. About 2.30 p.m. on February 26 I went with Sergeant Prothero to 49, Queen's Buildings, Waterloo Road, and arrested Pine. He opened the door. I told him who we were and that we should arrest him on suspicion of having broken into the premises of Messrs. Clear on the previous Saturday with others. He said, "All right. I don't understand it. I don't know anything about it." He was then conveyed to Vine Street Police Station, where he was detained. I searched his rooms and found a quantity of children's new clothing.</p>
<p>Detective-sergeant
<hi rend="smallCaps">
<persName id="t19090420-name-153" type="witnessName">
<interp inst="t19090420-name-153" type="gender" value="male"/>
<interp inst="t19090420-name-153" type="surname" value="PROTHERO"/>
<interp inst="t19090420-name-153" type="given" value="JOHN"/>JOHN PROTHERO</persName> </hi>, C Division. I was present with Hunt when Pine was arrested, and on the same day went with Sergeant Venner to a public-house in Rathbone Place, where we saw the three other prisoners, Blyth, Pavey, and Elson. I told them we were police officers, and they would have to go with us to Vine Street Police Station on the charge of breaking into 18, Charing Cross Road, and stealing a quantity of cloth, silk and velvet. Blyth said, "Pavey is at fault—we have had a good run." They were afterwards identified by Haley.</p>
<p>Detective-sergeant
<hi rend="smallCaps">
<persName id="t19090420-name-154" type="witnessName">
<interp inst="t19090420-name-154" type="gender" value="male"/>
<interp inst="t19090420-name-154" type="surname" value="VENNER"/>
<interp inst="t19090420-name-154" type="given" value="CHARLES"/>CHARLES VENNER</persName> </hi>, C Division. I went with the last witness at 3.30 p.m., on February 26, to Rathbone Place, and arrested Pavey, Elson, and Blyth. I asked Blyth his name, and told him the would be taken into custody on a charge of breaking into 18, Charing Cross Road. He made no reply. Outside he said, "Don't hold us so tight—we will go quiet." Pavey said, "We have had a long run and have come to the ditch." I searched Blyth and found on him £8 in gold. He was wearing a new overcoat, and the others all of similar material—new hats and new boots. With Ser
<lb/>geant Prothero I afterwards searched 32, Dunville Street, Lambeth,</p>
<xptr type="pageFacsimile" doc="190904200038"/>
<p>Blyth's address, where I found a number of receipts, showing pur
<lb/>chases of new clothes and boots on February 23 for £2 8s. 6d. They were charged at the police court the next morning, and said we had the whole of them.</p>
<p>Cross-examined by Mr. Macoun. I was not looking out for a man whose name has not been mentioned—Levi Rotter. I only dealt with a certain part of the goods. Sergeant Prothero may have had instructions.</p>
<p>Re-examined. Blyth said, "I hope you won't keep the case hang
<lb/>ing about—you have got us all now."</p>
<p>Sergeant
<hi rend="smallCaps">PROTHERO</hi>, recalled. At Bow Street Police Court I had instructions to look for Rotter, in consequence of & statement made by the defendant's solicitors. I went that day to an address given but did not find him. I do not doubt that such a man is in exist
<lb/>ence. I ascertained he resided there, but has been missing since I got the address.</p>
<p>Chief Inspector
<hi rend="smallCaps">
<persName id="t19090420-name-155" type="witnessName">
<interp inst="t19090420-name-155" type="gender" value="male"/>
<interp inst="t19090420-name-155" type="surname" value="FOWLER"/>
<interp inst="t19090420-name-155" type="given" value="HENRY"/>HENRY FOWLER</persName> </hi>, C Division. I received informa
<lb/>tion of the robbery on February 20, about six p.m., and as a result of my inquiries I saw Haley on the 25th in company with Sergeant Henry. In consequence of what I ascertained I directed the arrest of Pine at 9.30. The following morning, February 26, I saw Pine at Vine Street Police Station, when he was identified by Haley. I told Pine what he would be charged with. He said, "All right, I had nothing to do with the breaking in." I told him he would be detained pending further inquiries. He then made a statement to me, in consequence of which I directed the arrest of Blyth, Elson, and Bavey. The same day, with Sergeants Henry and Smith., Mr. Clear, and Mr. Haynes and Haley, I went to Leman Street, White
<lb/>chapel, where Haley pointed out No. 28. The shop was occupied by Warshawsky and I went in and saw the senior Warshawsky. I said, "I am a police inspector and am making inquiries respecting a large quantity of cloth and silk that was stolen last Saturday. Have you bought any?" Inspector Wensley was also with me. He said "No, I know nothing about it." I said to him, "I have reason to believe that the whole of the property was brought here last Satur
<lb/>day afternoon between 4.30 and five. Do you occupy the whole of the premises?" He said, "Yes, with my family. There is none let off." I said, "I am going to search it." I then directed Ser
<lb/>geants Smith and Henry to commence a general search, whilst, with Mr. Clear, I commenced to search the shop. Haynes was not with me at that time—only Mr. Clear. After searching about a couple of minutes, the two sergeants came back into the shop, and Sergeant Henry said, "There is a cellar downstairs, sir, with a padlock on the door." I said to Warshawsky, "I want the key of that padlock." He said, "I have not got it—I expect my son has it." Then he said, "I remember he told me last week that he had let the cellar to a man." I said to him, "Who is the man, and where does he live?" He said, "I don't know—I have never seen him." Then I left the shop and went down to the cellar and I found this padlock on the door of the cellar. I forced the door. I went inside and</p>
<xptr type="pageFacsimile" doc="190904200039"/>
<p>found 61 rolls of cloth and six pieces of silk. They were lying on the floor stacked one on the top of the other. Mr. Clear immediately identified the whole of the property as forming part of that stolen from his premises the previous Saturday. I then said to the senior Warshawsky, "The whole of this silk and cloth has been identified as part of the property stolen on Saturday. What explanation have you to give for its being on your premises?" He said, "I know nothing about it and have not seen it. I was at the synagogue at Colgate Street on Saturday." I told him I was not satisfied and said, I should have to take him on the charge of receiving this property well knowing it to be stolen. He replied, "Very well." In addition to the pieces of cloth and silk, there was a full suite of dining-room furniture; also a box full of china. There was a part of the cellar allotted to coals. I did not see any other coal cellar. There was about a half-cwt. of coal there. There was no fireplace, so that the coal would have to (be used for the house. Warshawsky was then conveyed to Leman Street. I then sent for a van to remove the property, and whilst we were waiting the younger Warshawsky came down into the cellar. I said to him, "Who are you?" He said, "Mr. Warsbawsky's son," I said, "We are police officers. How do you account for this cloth and silk being here?" He said, "I know nothing about it. I let the cellar to a man last Friday for 4s. a week. He, with other men, brought the clothes here last Saturday afternoon. The shop being shut, I had to open the door to let them in." I said, "Who is the man—what is has name and where does he live?" He said, "I don't know his name or where he lives. I have seen him often." I then took him upstairs to the shop and said to him again, "Can you give me any further information respecting the man to whom you allege you let the cellar last Friday?" He said, "I think his name is Levy; I have seen him often in the street." I said, "Is that all you can tell me?" He said, "Yes," and I then told him I was not satisfied with his explanation and that he. would be charged with being concerned with his father in feloniously receiving this property knowing it to have been stolen. He then said, I only the man's name is Levy. If you will go with me I will go and see if we can find him." I said, "Where are we to go?" He said, "Oh, we will go and have a look round." I then took him to Leman Street Police Station and subsequently with his father they were taken to Vine Street and charged with receiving 61 rolls of cloth and six pieces of silk. In reply to the charge, Warshawsky, sen, said, "Very good," and Warshawsky, jun., made no reply. While I was in the cellar with Warshawsky, jun., I said to him. "Whose furniture is this?" He said, "That is my sister's—she is going to be married." I said, "Whose china is this in the box?" He said, "What we use at the Passover." All the prisoners were brought up the following day at Bow Street. I continued inquiries and in consequence I went on March 1 to the premises of Russell and Co., 42, Fenchurch Street, accompanied by Inspector Wensley and Mr. Clear, where a quantity of the goods were identified by Mr.</p>
<xptr type="pageFacsimile" doc="190904200040"/>
<p>Clear. In consequence of what I learned from Messrs. Russell, I went to Hanbury Street, Whitechapel, the premises of the Rosen
<lb/>thals. Inspector Wensley had previously called there and made a report to me and gave me a document. I there saw Isaac and Benjamin Rosenthal. Inspector Wensley went into the shop with me and, addressing Isaac, in the hearing of Benjamin, said, "I am a police-inspector and am making inquiries respecting a quantity of cloth you sold last week to Russell." Then, addressing Isaac, I said, "Whose business is this?" He said, "Mine." Benjamin then said, "I am with him." I said, "What can you tell me about the cloth?" Isaac said, "Mr. Warshawsky's son brought a bundle of samples to me last Wednesday. He said his father had sent him, and if I liked to take them all together I could have them at 3s. 6d. a yard. I told him if I took them I would pay 3s. 1d. I said I would look through the samples, and if I found they were any good to me I would pay 3s. 1d. a yard for them. I gave the bundle of samples to my brother, and told him to take them to Russell and Company, and the goods were delivered here the next morning, but I did not know they were coming. Mr. Warshawsky, the father, called on me the same night and I paid him £85." I said to Isaac, "How did you pay him?" He said, "I wanted to give him a cheque, but Warshawsky said he must have cash as he had this people to pay and could not get a cheque cashed." I said, "What were you to give him for the property?" He said, "I can't say exactly, but I think £110 or £111." I said, "Have you a receipt for the £85 cash?" He said, "No, he promised to call again on Friday and we were to settle up." I then turned to Benjamin and said, "I understand it was you. who sold these things?" He said, "Yes, I took the samples, they were left here by young Warshawsky at Russell and Co. 's. I asked them 3s. 6d. a yard, and I agreed to take 3s. 3d. a yard. My brother was not here when the cloth was I brought, but young Warshawsky and another man." I asked them both if they had anything to show me they bad paid a penny for the cloth, and they both said, "No." I said, "Have you any invoice?" and then showed them the invoice, Ex
<lb/>hibit 9, I think it is. That is the one given me by Inspector Wensley before I went to the shop. This appears to be an invoice of a sale by the Warshawskys to the Rosenthals made out on Rosenthals' note-paper. It is one of Rosenthals' printed bill-heads with the name "Rosenthal" struck out and the name "Warshawsky" writtens over in ink. I then said, "In whose handwriting is this?" Isaac said, "The clerk's." I said, "What was it made from?" Benjamin then produced that other piece of paper, and said, "This is what we bought." There is no description on that slip of paper—mere figures. I said I was not satisfied with the explanation they had given and that I should take them into custody on the charge of knowingly receiving the property. Neither then made any reply. They were conveyed by cab to Vine Street Police Station. On the way Isaac said, "This will be a lesson to me." The charge was read over to them and Benjamin made no reply. Isaac said, "Not to our idea,"</p>
<xptr type="pageFacsimile" doc="190904200041"/>
<p>which was in answer to the charge of knowing the property to have been stolen. While at Hanbury Street I took possession of a book (Exhibit 17) which was on the counter. Benjamin Rosenthal asked me to leave it. He said that was their sales book, and most impor
<lb/>tant book, and would I be good enough to leave it. I took it away and have examined it. I cannot find any entry of any description of sales by them of any cloth to Russell and Company, or the purchase of any goods from Warshawskys. It does appear on page 50, under the heading of "Warshawsky," that certain sales had been made to them by the Rosenthals. I also found on the counter the invoices (Exhibits 18 and 19). One appears to be an invoice of goods pur
<lb/>chased by Rosenthal of Warshawsky on Warshawsky's paper. That is the pen and ink one. This sets out items amounting to £114 0s. 1d., and then "cash paid on account"—and no figure at all is given, That was not produced to me when I was tasking for invoices. This purports to be an invoice of a sale to Russell and Company on one of Russell's bill-heads, it really purports, I think, to show a sale by Russell to them, "Debtors to Russell and Company." On com
<lb/>paring these invoices they appear to refer to the same cloth. I find on one an entry of 360 1/2 yards at 3s. 1d., and on the other 360 1/2 yards at 3s. 3d. I also find on one 21 1/2 yards at 4s. 5d., and on the other one 21 1/2 yards at 4s. 6d. I also find on one 150 yards at 1s. 4 1/2 d., and on the other 150 1/4 yards at 1s. 6d.; also an item of 110 yards at 3s. 2d. on one and 110 yards at 3s. 5d. on the other.</p>
<p>Cross-examined by Mr. Elliott. I have made inquiries about Warshawsky, sen., and found he has carried on the business of a woollen merchant in the neighbourhood for many years, and he has never been charged with any offence. His son has been living with him and assisted him in the business. I have no doubt that the furniture in the cellar belongs to the sister and that the china is used for Passover purposes and that the coal would be used for household purposes. The back is a sort of warehouse. I saw no coal there. The name of the man not before the Court was given me at Bow Street by the defendant's solicitor, and was Levi Berg or Berg Rotter. I am not satisfied that there is another connected with this case. There was a man who spoke to Pine in the public-house before they went to Charing Cross Road, according to Haley, who was never seen again. It may have been anyone. According to Nyberg, there was some other man assisting at the cellar. I believe him—so there was at least one other man and pos
<lb/>sibly two; we could not get any evidence against anyone else. In the statement made to me by Pine there was no reference to any person who is not now before the Court. I am positive Warshawsky, the father, said none of the premises was let off. He did not say some was let off. He said he occupied the whole of the premises with his family. Sergeant Henry found the bill in the young man's pocket. I do not know that it was exhibited some time before the 19th and taken down by him when the premises were let to Levi or Rotter. An address was given to Inspector Fowler by Mr. Springs and inquiries were made, but he had disappeared. He was visiting there.</p>
<xptr type="pageFacsimile" doc="190904200042"/>
<p>Cross-examined by Mr. Smith. I have carefully examined the sales book. To the beet of my recollection, no purchases are re
<lb/>corded. I should expect to see sales. I remember the invoice (Exhibit 18): "Bought of Gershon Warshawsky." It shows an amount of £114, and it says at the bottom: "Cash paid on account." I do not find it on page 50 of the book. My recollection is that the two invoices—18 and 19—were on the counter. I saw Rosen
<lb/>thal at Hanbury Street on March 1. I asked him whose business it was. I know Russell and Co. I went there and saw, I think, 21 rolls of cloth and asked them where they got it, and they told mo and the price they paid. I did not know the total price that Rosenthal had paid. I had Exhibit 9 in my possession when I went to Rosenthals'. I make no charge against Russell and Co. I went immediately from there to Rosenthals'. The invoice shows £114, and Russell and Co. had paid £121 for the cloth. I asked Rosenthals for an explanation of their dealings with the property. Isaac said it was £110 or £111 he was going to pay and had given £85 on account in cash, so they would get about 10 per cent.</p>
<p>Re-examined. The bill referred to is for "a large, dry cellar to let." Rosenthals did not show me any books. They did no more than answer the questions I put. I can give the result of my in
<lb/>quiries if desired.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-156" type="witnessName">
<interp inst="t19090420-name-156" type="gender" value="male"/>
<interp inst="t19090420-name-156" type="surname" value="CLEAR"/>
<interp inst="t19090420-name-156" type="given" value="WILLIAM MAY"/>WILLIAM MAY CLEAR</persName> </hi>, of Everitt, Clear, and Hayward, 18, Charing Cross Read My premises were broken into on February 20 last and a quantity of cloth, silk, and velvet stolen. On February 26 I went with Inspector Fowler to 28, Leman Street, Whitechapel, the address of Warshawsky's. I went to the cellar, where I saw 61 pieces of cloth and six pieces of silk of various lengths, which I identified as my property stolen on February 20. Exhibit 3 is one of the pieces. A number of these rolls have tickets on them. I also saw in the shop two pieces of cloth. The value of the property stolen was £952, cost as bought from the makers. We shrunk it, the cost of which is about 2 £ per cent. On March 1 I went with Inspector Fowler to the premises of Russell and Co., 42, Fenchurch Street, where I saw a quantity of cloth, which I identified as part of that stolen. I saw the exhibited samples at Bow Street. They are longish lengths. I have been in business 33 years. I have not in my experience known of samples of that kind taken round. The cloth at Russell's was worth about £220 or £230 wholesale. If it were sold at £121 it would be very cheap. I noticed amongst the cloth 150 yards at 1s. 6di a yard. Total £11 5s. 5d. It had been made specially for us. We had in fact sold it and have since deli
<lb/>vered it as recovered through the police I think there is one piece still in hand, but all the rest is delivered. I also saw some dress suitings there measuring about 22 yards. That was sold to them at 4s. 6d. a yard and is sold by our firm at 13s. 3d. I have seen the invoices from Russell. The highest price was one length at 4s. 6d. They are certainly not fair prices.</p>
<p>Cross-examined by Mr. Smith. We have delivered all we can, but I think there is one piece in the hands of the police. We deal on</p>
<xptr type="pageFacsimile" doc="190904200043"/>
<p>usual business terms, credit prices less discount 7 1/2 per cent. The length of credit would make a difference. We pay cash or accept. We discount probably 90 per cent, of our accounts, or say 80 per cent, we would probably pay cash for. The prices we pay are on a cash basis, but the prices otherwise would be on a credit basis. We do not do much in job lines. We do no retail business, and our cus
<lb/>tomers are tailors of the best class. If we were supplying a job lot to a tailor we would not expect to get the same price. There are such things as salvage and bankrupt stocks. The cost price to us of some of this cloth would be as much as 20 per cent less than selling price or 26 per cent, at the outside. Clearance sales do not come in our way much. We buy of the makers.</p>
<p>Re-examined. These goods were all perfect, and the dealers to whom we sell are very keen judges. The goods evidently left our place in brown paper.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-157" type="witnessName">
<interp inst="t19090420-name-157" type="gender" value="male"/>
<interp inst="t19090420-name-157" type="surname" value="HAYNES"/>
<interp inst="t19090420-name-157" type="given" value="WILLIAM"/>WILLIAM HAYNES</persName> </hi>, clerk to Clear and Company. On February 28 I went to 28, Leman Street. I examined the stock in the shop where I found doth which I identified as my employers'. There were two lengths of black coating. I found Exhibits 4 and 5 on the shelf behind the counter. This is one of the pieces. It is expensive cloth. This is a piece of black vicuna—15 yards, which I also iden
<lb/>tified. It is half the value of the others. They were lying on the shelves with the other goods ready for use.</p>
<p>Inspector
<hi rend="smallCaps">
<persName id="t19090420-name-158" type="witnessName">
<interp inst="t19090420-name-158" type="gender" value="male"/>
<interp inst="t19090420-name-158" type="surname" value="WENSLEY"/>
<interp inst="t19090420-name-158" type="given" value="FREDERICK"/>FREDERICK WENSLEY</persName> </hi>, H Division. On March 1 I went to 96, Hanbury Street, Whitechapel, with Sergeant Deasant and some other officers (Rosenthal shop). When I went in I saw Isaac and Benjamin Rosenthal there. I said to Isaac, "Are you the occupier?" He said, "Yes" I said, "Who is this man?" refer
<lb/>ring to Benjamin. He said, "He is my partner." I said, "I am a police officer, and I understand you received a number of parcels of cloth here on Thursday last from a man named Warshawsky, a tailor of Leman Street. What have you done with them?" They both shrugged their shoulders and shook their heads, in a very emphatic manner, and I repeated the question with a similar result. I then said, "I am not going to say what Warshawsky has said, but it is no use your professing to know nothing whatever about it, because I have the carman outside who brought these things to you personally." Nyberg was outside. Isaac then said something to Benjamin in a foreign tongue. They then went into the office and came out about a moment afterwards and handed me an invoice. I believe the Exhibit is No. 9. It is made out on Rosenthals' paper for goods supplied by Warshawsky to Rosenthal. He said, "We did buy some cloths of Warshawsky and there is his invoice." I said to him, "Who brought it to vou?" He then said, "Warshawsky's son." I said, "Where are they now?" He said, "Locked up." I said, "Where is the cloth? He said, "I sold it the same day to Russell and Co., of 42, Fenchurch Street." I said, "Perhaps it would be as well if either you or your partner went with me to Russell's in order that there should be no difficulty as to the identity of the cloth." Isaac, pointing to Benjamin, said, "He will go,"</p>
<xptr type="pageFacsimile" doc="190904200044"/>
<p>and we went with Sergeant Dessant to 42, Fenchurch Street. When I got there I heard a conversation with a man named Jacobs, trading with another partner in the name of Russell and Company. We collected a good deal of cloth from various parts of the place into the show-room. I said to Benjamin, "Is this the cloth you sold?" He said, "I cannot say—I never saw it." I then directed Sergeant Dessant to take him back to his shop and I went on to Leman Street, where I met Inspector Fowler and Mr. Clear. I then returned with them to Fenchurch Street, and Mr. Clear identified the property as his. I then went with Inspector Fowler back to Rosenthals' shop. I handed Exhibit 9 to Inspector Fowler before I went there.</p>
<p>Cross-examined by Mr. Smith. I gave the invoice No. 9 to Inspector Fowler at the station and went back with him to Rosen
<lb/>thal. I have gathered since that neither the Rosenthals had seen anything but the samples of this cloth before the purchase. As far as I know, neither of the men made a statement that I can dispute the accuracy of. As to shrugging their shoulders and shaking their heads, I cannot do it as emphatically as they did; it belongs to their race. I should say it went on for a minute or two. They could not see the carman from his position. When I said, "Who brought the cloth here?" without any hesitation they answered "Warshawsky's son." When I said, "Do you know where they are now?" of course I knew. That was a little bit of diplomacy. I wanted to see if they knew.</p>
<p>Re-examined. They did not say anything until I told them Nyberg was there. I have known since that Rosenthals were both there when the goods were delivered.</p>
<p>Sergeant
<hi rend="smallCaps">
<persName id="t19090420-name-159" type="witnessName">
<interp inst="t19090420-name-159" type="gender" value="male"/>
<interp inst="t19090420-name-159" type="surname" value="DESSANT"/>
<interp inst="t19090420-name-159" type="given" value="HENRY"/>HENRY DESSANT</persName> </hi>, H Division. I went with Inspector Wensley on March 1 to 96, Hanbury Street and then to Fenchurch Street. I corroborate the greater part of the evidence at the police court. After I had got to Fenchurch Street I was directed to accompany Benjamin Rosenthal back to Hanbury Street. On the way back we passed through High Street, Aldgate, when Benjamin passed the time of day in English with somebody and commenced conversation in Yiddish. I stopped him, as I did not understand it. He said, "What is the matter? You cannot do anything with us. We have told you where we sold the stuff. What do you make a fuss for?" As soon as I spoke to him the third party disappeared. I said, "If you wish to speak to anyone, do so in English. As far as what is going to be done with you, that is for the officers to decide who have the inquiry in hand." He said, "Do you think we should have bought the stuff of Warshawsky if we had known it had been stolen?" I told him I did not wish to express an opinion. He said, "I believe we have met before." I said, "Yes, you are quite right." Afterwards Inspector Fowler and Inspector Wensley came to Hanbury Street and they were taken away.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-160" type="witnessName">
<interp inst="t19090420-name-160" type="gender" value="male"/>
<interp inst="t19090420-name-160" type="surname" value="WARSHAWSKY"/>
<interp inst="t19090420-name-160" type="given" value="GERSHON"/>GERSHON WARSHAWSKY</persName> </hi> (prisoner, on oath). I live at 28, Leman</p>
<xptr type="pageFacsimile" doc="190904200045"/>
<p>Street, Whitechapel. I have carried on the business of a woollen merchant for the last 11 years and have resided in the immediate neighbourhood for 40 years. I am a Pole and am 62 years of age. I have been senior warden of my synagogue for the last 12 years. During the whole 40 years I have been in this country no charge of any kind has been brought against me. My premises consist of a basement in which there is a cellar, which was let by my son. I believe it was let to a man sometimes called Bally, and sometimes. Barney or Rotter. My son let it on Friday, the 19th. There was previously a bill exhibited that it was to let. The bill was then taken away. Besides the cellar there is a washing room. It is like two cellars—one back and one front. In the small back cellar nothing is kept but a bit of coke and something where to wash. The ground floor consists of a shop with a parlour behind. There is a passage leading to the cellar downstairs and to the first floor front, and back. There is one room let on the third floor front to a party of the name of Midwood. It has been let more than a year. I did not know anything about the person who took the cellar. I had. never seen Blyth, Pavey, Elson, or Pine before that Saturday when I came back. I saw someone coming out of the shop from the passage. The shop was shut for our religious observance. I had been to the Folgate Street Synagogue, as I do every Saturday, and remained till a few minutes past six. I was coming back with some friends of mine from the synagogue when I saw someone in front of my door—four or five men were going out. They might have been coming downstairs or coming up from the cellar. I did not know any of them. I had no knowledge on Saturday that this cloth was going to be brought to my premises, and I never paid a single penny for it for I never possessed anything. The first I learned about my son having anything to do with the sale of that part of the stock to Mr. Rosenthal was when a man came round with samples to my shop and asked me if I was open to buy goods. That was the man who took the cellar. I said I am not open to buy anything for I have no money. He said, "Can you sell some for me?" and my son answered, "Yes, I can sell it," and they agreed 5 per cent, commission. He said they were job goods. My son said he could sell it, and took samples and went to Rosenthals', and they offered him a price and they came back with the offer, and the man said, "I want money, I must sell it." I do not know now much he was offered. I never interfered. The chap who said I asked him how many pieces there were said what is untrue. I know nothing about it. I stood and looked at them. When my son said he could sell it Rosenthal said, "I cannot give you that amount. I can give you £85." I did not see Rosenthal. I went for the £85 because my son would not accept it. It was £110 or £111. They said to my son, "We have to get some money off your father," and my son would not accept it, and he came and told me they would not pay him. He said, "They want to knock your account off." I went round myself. I saw one of the Rosenthals, and said, "You have no busi
<lb/>ness to take my account off; how came you to mix me up with</p>
<xptr type="pageFacsimile" doc="190904200046"/>
<p>that?" He said, "You owe us some money." I said, "Yes, that is so; but my son has sold it to you. and must have his money. I will pay you." He said, "I can give you £85 and to-morrow you can have the rest." So I took the £85 and went off. The following day I was arrested. After getting the £85 I handed it over, to my son and had nothing more to do with it. Inspector Fowler came to my premises. He asked me if I occupied the house. I said, "Yes." I know nothing about the two pieces of cloth found in the shop. My son told me he delivered the stuff to Rosenthal and he came back and found two pieces in the passage. I had, at that time, stock of my own in the shop of about £200. I have carried on busi
<lb/>ness about 30 years.</p>
<p>(Thursday, April 22.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-161" type="witnessName">
<interp inst="t19090420-name-161" type="gender" value="male"/>
<interp inst="t19090420-name-161" type="surname" value="WARSHAWSKY"/>
<interp inst="t19090420-name-161" type="given" value="GERSHON"/>GERSHON WARSHAWSKY</persName> </hi>, recalled, cross-examined by Mr. Frampton. The only business premises I have are 28, Leman Street. I pay £65 besides rates and taxes. I have two cellars—one is used as a wash-house and different things. I have not let that. The business is in my wife's name and has been for about six years. I have been in that house about 18 months. The business is principally selling cloth, retail. I can keep £1,000 worth of stock easily in my shop. The measurements given by the inspector yesterday of my shop are nonsense. I took no part in the letting of the cellar to Rotter, nor was I consulted about it. The bill to let the collar was up about three months. I do not know what the bill said; I cannot see. I have seen the bill in the window, but I do not know the difference of "R" from "B." I do not know Rotter at all. I saw him the week when the cloth was arranged in the cellar. I did not see him on Saturday, the 20th. My son informed me that the cellar was let on Friday evening. On Saturday even
<lb/>ing I came in and saw some men in the passage, and I asked my daughter what was the matter, and she told me all about it. I did not know exactly what they took into the cellar. They told me they had taken something in. I knew on Saturday evening it was cloth. Inspector Fowler did not ask me on the 26th if I knew what it was. I remember his saying, "Iama police inspector and I am making inquiries about a large quantity of cloth that has been stolen. It was stolen on Saturday afternoon last. Have you bought any?" I said, "No; I know nothing about it." He might have said, "I have reason to believe that the whole of it was brought here on Saturday afternoon." (Q.) He asked you if you had bought any and you said "No." He said he had reason to believe it had been brought to your place, and you knew on that previous Satur
<lb/>day that a quantity of cloth had been taken there. Why did not you tell him? (A.) I cannot answer that question. Rotter asked me to sell the cloth on Wednesday and offered to sell some of it to me. I am a dealer. I did not buy any. He told me it was a job lot. I was not surprised at a tenant taking a cellar from me at 4s. a week and bringing a quantity of cloth there. I did not know</p>
<xptr type="pageFacsimile" doc="190904200047"/>
<p>whether it was stolen or not. I have never bought goods like those. I do not know Finlay Cooke or that he was in the service of a firm of cloth merchants. I did not buy a quantity of cloth from him. It was never brought to me by a man named Bertram. (A man was called into Court.) (Q.) Did that man come to your place of business on six different occasions with cloth? (A.) That man, I believe, used to shrink goods for me—to take them to the shrinkers. He did not bring parcels of cloth to me from Finlay Cooke, nor did I pay him money to give to Finlay Cooke. He never fetched me from the synagogue. I do not know if Finlay Cooke was sentenced to six months' hard labour at the Guildhall Police Court for stealing goods sold to me. The police came to my premises and searched for the goods. That is seven years ago. I do not wonder they could not find any. I do not know Robert Page and Ernest Thorne. I knew a man trading in the name of Crawford and Knight. I do not know their correct names to be Robert Page and Ernest Thorne. I bought cloth from them. It was not stolen. Those men were tried at the Bristol Quarter Sessions in November last year and sentenced to 15 months' imprisonment. I was summoned as a witness and was paid my fare and trouble. I had a couple of pieces of the pro
<lb/>perty. They never stole that cloth and were not convicted of steal
<lb/>ing. They took the goods and never paid for them, but they took it on credit. They sold it to different people. I went to Rosenthals' on Thursday for the money—the same day the goods were delivered, because they were sold for cash. My son took the samples to Rosen
<lb/>thals'. I do not know who cut them from the cloth. Rosenthal did not want to pay me by cheque, I asked him why he did not give my son the money, and he said he wanted to see me about it. I said, "It has nothing to do with me." He said, "If you like to take £85 I will give it to you," and they gave it to me. I did not say I would not take a cheque. I wanted cash. I got gold and notes, which I gave to my son. He wanted the money to pay the man the goods belonged to. That is the man whose name I did not know—the 4s. a week cellar man. I did not take any invoice to Rosenthal. It was between five and six p.m. that I went to Rosenthals'. My son went about dinner time. The cellar was locked and the man went away about 12. He did not go to Rosenthal to collect the money because my son sold it. I saw the goods being brought from the cellar. I did not count the parcels—it was not my business. It is untrue if Nyberg said that I did. I stayed in the shop and could not take my eyes away. I did not give Rosenthal a receipt for the £85. I have not seen Rotter since 12 o'clock that Thursday. Inspector Fowler never asked me if any of the premises were let off. He only asked me, "Do you occupy your house?" and I said, "Yes." I do not say he is telling an untruth, but he may make a mistake. He said he was going to search the premises. There is a room let up
<lb/>stairs for a year. Two of the officers came back and said there was a cellar locked with a padlock on the door, and the inspector said, "I want the key of that padlock." I said, "My son knows about</p>
<xptr type="pageFacsimile" doc="190904200048"/>
<p>it. I remember he told me last week that he had let the cellar to a man." The inspector did not ask me who the man was or where he lived, that I remember. I was puzzled, and did not know what was said. I told them to search me; they would mot believe that I had not got the key. They forced the lock and found the cloth. They called me downstairs. I did not know what to say. I was clear of it. How could I say, "I have not bought it" or "I sold it"? I knew nothing about Barney or Barney Rotter till my son told me on Saturday morning at Bow Street Police Court. We had both been locked up that night. I heard Blyth say to one of the officers, "You have got us all now."</p>
<p>Re-examined. My son had authority to let the cellar; 4s. a week is a proper rental for it. There was about 'half a sack or a sack of coals in it. I had another place for coal or coke in the yard. I used to put a few sacks in the yard and the remainder in the front cellar. It was somewhere about six o'clock I came back from the synagogue, which is about 10 minutes' or a quarter of an hour's walk. It is not true that I was entertaining those persons between four and six o'clock. I cannot read or write. I have had dealings with the Rosenthals long before this. I owed them at this time about £30, and it was owing to their wanting to deduct that that I went round to see theme I gave the £85 to my son. I was present at the trial of Crawford and Knight as a witness. They took a place in Bristol and went to manufacturers with references to get some cloth, and they had it sent, and I believe they gave a cheque for a piece of cloth, and the cheque came back and they could not get their money. A detective came to my place from Bristol and said, "Are you Mr. Warshawsky?" I said, "Yes." He said, "Did you buy some cloth from So-and-so?" I said, "Yes." He said, "Have you got the invoice?" I said, "Yes." Soon afterwards I received a postal order for a sovereign and a summons to come to Bristol, and I went. I gave a fair price for the cloth and could make 3d. a yard by it. I recognised Bertram, who was brought in, as the carman of the shrinkers. He used to come to me and ask me if I had any cloth for shrinking, and when I had it I gave it to him. That constituted all the dealings I had with him. I never heard the name of Finlay Cooke and never had any transactions with him. This bill describing the cellar as "A large dry cellar to let" is an ordinary bill which you can buy in a shop for a penny. I did not have it printed specially.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-162" type="witnessName">
<interp inst="t19090420-name-162" type="gender" value="male"/>
<interp inst="t19090420-name-162" type="surname" value="WARSHAWSKY"/>
<interp inst="t19090420-name-162" type="given" value="HYMAN"/>HYMAN WARSHAWSKY</persName> </hi> (prisoner, on oath). I am 17 years of age—the son of the last witness. I have assisted him in his business for about 12 months. On Friday, February 19, a man came to see me about the cellar. I had seen him about the neighbourhood. He told me his name was Levy. I showed him the two cellars and told him he could have which he liked. He went into one and said, "This one will do." I asked him what he wanted it for and he told me he had bought a bankrupt's stock of cloth. The rent was agreed at 4s. a week. He paid me 4s. in advance and I gave him a receipt. Previous to that there had been a notice in the</p>
<xptr type="pageFacsimile" doc="190904200049"/>
<p>window to let the cellar, which I had put up. I then took it down and put it in my pocket, where it was found by the police after I was arrested. The next day—Saturday—when our shop is closed, Levy and another man called about 12.30. Levy told me he had bought a stock and expected it later in the day and asked me if I would oblige him by being at home (as he would not be back in time) and instruct them to take the stuff into the cellar. I said, "All right." The stuff came about 4.30 or 4.45. Two men arrived with it that I now know now as Blyth and Elson. They told me they came from Barney Rotter. I told them I did not know him. They said, "He has taken the cellar," and then I identified him as the tenant, and the prisoners Price and Pavey, who have pleaded guilty, came with the van and took the stuff off and placed in the cellar. My father was not then at home. Hotter told me to tell them when they came to wait for him. I told them, and they were waiting. He did not return and they consulted together where it was, and they told me 16, Upper Rathbone Place. I asked for the money, and they told me he would pay at the other end. I took a taxi and was driven to the address—a grocer's shop. I went in and asked to see Rotter. He came out and I told him the men were wait
<lb/>ing for him. He told me to wait a few minutes and he went in again. He then came out and we both went in the taxi to the "Gardeners," Whitechapel, about 100 yards from my place, when we got out, and then went on to my house. The men were in the pas
<lb/>sage when we arrived. Rotter paid for the taxi and said to the men, "I'will give you £60. Meet me on Monday morning in the pub., Tottenham Court Road." They went away Rotter pre
<lb/>viously gave me the padlock and key, telling me to look the cellar. I saw him go in and out frequently. There is no need to go through the shop to the cellar. The following Wednesday Rotter came into the shop and asked my father if he was open to buy a job for cash. My father told him he had no money. He said, "Do you know any likely buyers, or can you sell it for me?" While he was considering I answered and said, "If you will give me 5 per cent. I will try and sell it for you." He said, "All right," and he gave me a quantity of samples which he brought from downstairs. I don't know who cut them. He told me the price was to be between 3s. and 3s. 6d., and he must have cash. I think this is the note of the quantity he gave me (Exhibit 10). I then went to Rosenthal and showed him the samples. I asked 3s. 6d. They picked out some samples and told me they would give 3s. and 3s. 1d., and if I liked I could send them on. I went home and Rotter was not there, but arrived about seven that evening. I told him the price, and he said, "All right, but I must have cash," and he told me to get a van. He came about 10.30 the next morning and asked me if I had a van. I said, "No," and he told me to go for one. I went to Lubin's, in Union Street, and saw Nyberg, and asked him if he had a van for hire. He said he would see the governor, and called me in, and they said I could have one for 2s. 6d. Nyberg and I got in the van and I drove to our place. It is untrue that Nyberg</p>
<xptr type="pageFacsimile" doc="190904200050"/>
<p>drove. We got out of the van and Rotter handed the parcels to me and I to the carman. My father took no part in it. He was in the shop. I told the carman to drive to Rosenthals'—one of the van sheets was down. There was one bit of stuff on the point of falling out because it was not packed properly, so I pulled the other one down to prevent it. We delivered the stuff at Rosenthals' quite openly. We there saw Benjamin. I asked him if he had change for 6d. Rotter had given me 2s. 6d. for the cartage, and told me to give the carman 4d. for beer money, and Benjamin gave me change out of the till. I did not borrow 2s. 6d. of Rosenthal. I did not give an invoice, but I had a bit of paper from Rotter for receiving so many pieces, which was signed and returned to Rotter by me the same night. We started to measure the stuff, and I asked for the money (£114 odd). They told me my father owed them some money and offered me £85. I said it had nothing to do with my father—I wanted £114 cash. They refused, and I went home and found the shop closed. I wanted to go upstairs to get the key to open the shop and noticed two ends of cloth lying in the passage—an end is 12 or 18 yards and a piece about 50 or 60 yards. I got the key and opened the shop, and put them in the shop, intending to give them to Rotter. I saw my father about two o'clock and told him, and asked if he would go to Rosenthals' to get the money. He at first declined, but I begged him to go and he did. He brought back £85 and told me he expected to get the rest to-morrow. He gave it to me and I saw Rotter the same evening, and explained the matter to him and gave it to him. He seemed annoyed. I told him about the two pieces of cloth I found, and he told me to leave them till the morning, and he would take them. The next day I was arrested. He refused to give me my commission until I got the balance of the £114, and I have never had it. I did not see Rotter the next morn
<lb/>ing, so could not give him the two ends. The same night I gave my solicitor the address where I went to Rotter in the taxi-cab. I have been a member of the Jewish Alliance Brigade for five years.</p>
<p>Cross-examined by Mr. Frampton. I had known Rotter by sight for about three months. It was on February 20 that I knew his name was Rotter, and that his address was Rathbone Place. He came round to our place the previous Thursday evening. I met him at the door where I was standing, waiting for him with the £85. I did not invite him in. I can't say why he did not have the two pieces of cloth then. He may have been in a hurry. When In
<lb/>spector Fowler came he called me down into the cellar. He said, "We are police officers. How do you account for the property in here?" I said, "I know nothing about it. I let the cellar to a man last Friday at 4s. a week. He, with other men, brought the cloth here last Saturday afternoon." I might have got mixed up when I said "he," but he arrived later on. I told the Inspector four men arrived with, the van. I don't recollect saying "I let him in." He asked, "What is his name?" and "Where does he live?" I may have said I do not know his name or where he lives. I do not know what I said at the time. I then went up into the shop where</p>
<xptr type="pageFacsimile" doc="190904200051"/>
<p>the search was going on, and the Inspector said, "Can you give me any further information respecting the man to whom you let the cellar last Friday?" and I said, "I think his name is Levy." I don't remember him saying, "I am not satisfied, and you will be charged with your father." I did not say to Inspector Fowler, "If you like to come with me I will go with you and see if we can find him." That was said to Wensley. I think Fowler said, "Where are we to go?" and I said, "We will go and have a look round." Mr. dear pointed out the pieces and I showed them the invoice for it. I suggest he pointed to what did not belong to him. I did not say I bought it in Eastcheap. The numbers on it agree. If I did not tell Inspector Fowler about Hotter on Friday morning it was because, as I told you, I do not remember what I did say. Rotter came to the premises about five on the 20th. The men waited close on an hour for Rotter and then asked me to go to Rathbone Place. I saw a boy in the shop and Rotter was in a grocer's shop. He came up when the boy called him. He had his coat off and his sleeves rolled up. I remained a few minutes and then went back to White
<lb/>chapel. This is not the first time I have told anyone of my visit to Rathbone Place. I did not mention it before the magistrates. I gave his name as Levy, which was the name he told me. There was no name on the bill or delivery note I took to Rosenthal. He said some people called him Rotter and some (Levy. I remembered over
<lb/>night that he was called Rotter. I heard him say to the men, "I will give you £60 and meet you in the pub., Tottenham Court Road." I saw the money given in gold and they were to meet him on Monday. A quantity of cloth was brought to my father's cellar the day after I saw Rotter. (Q.) Did you have to go and fetch the man? (A.) What man? (Q.) Rotter. (A.) Yes. It did not interest mo at all. I did not think there was any harm in it. When I left him in the house my sister was at home. I saw Rotter next morning, when he walked straight through to the cellar and remained a good time. I had seen him remove goods from the cellar before, which he carried under his arm. There was only an offer made by Rosenthals on the Wednesday. If Inspector Fowler said I told them my father had sent me it is untrue. I said they could have, them at 3s. 6d. Isaac Rosenthal pointed to some samples and said, "If you like I will give you 3s. 1d. If you can take that you can send them on." I did not have any measurements with me of the cloth I could sell. It was a job lot, and he did not ask me how many yards there were in this piece or that. The goods were sent down about 11 the next morning. Rotter gave me a list of so many yards, but I never mea
<lb/>sured them at our place. I cannot swear that piece of paper was given to me by Rotter. The pieces were measured up in Rosenthal's shop. I know the measurements and had them on a slip of paper, which I left with Rosenthal I cannot say when that piece of paper was brought into existence showing that £85 had been paid on account and a balance of £29. Rosenthal's clerk made out this one. (Produced.) One of these was made out on Rosenthal's billheads while I was measuring. I generally have an invoice on me like</p>
<xptr type="pageFacsimile" doc="190904200052"/>
<p>scrap paper. I am sure I made it cut before I was arrested. I have no idea why two should have been made out. I told them I wanted cash. They did not offer me a cheque. I would not take the £85. I told them I must have the whole amount in cash. They did not show it to me. Rotter told me, when he came, I was to have the money ready for him. As a fact, I did not want him to know where I sold it in case he should go behind me and sell. I begged my father to go for the money because I wanted to get my commis
<lb/>sion. He told me they wanted to reckon up in the morning and give him the remainder. I parted with every single farthing to Rotter without taking my commission. I asked him for it. I have not seen Rotter since. There is no writing of any description from him, and no receipt given to Rosenthal for the money. I have had my books taken away. I have no business books. My father keeps his books in his own language in my mother's name.</p>
<p>Re-examined. This book produced is the banking pass book. I have not seen Rotter because I have been in gaol all the time. I gave Rotter the money just after seven o'clock. The money was in a bank bag. The name Levy is equally a surname or first name, and is used indiscriminately. I was thunderstruck when the in
<lb/>spector called me down to the cellar. I took a considerable quan
<lb/>tity of samples to Rosenthal's.</p>
<p>By the Court. I had seen Rotter for about three months about the streets. There is a bookmakers' just there and I have seen him about with a sporting paper in his hand. He told me when the man came to instruct them to take the stuff into the cellar. The four thieves gave me the address in Rathbone Place. It was a grocer's and greengrocer's shop. They told me to ask for Barney Rotter. I think the name over the shop was some dairy company. When Rotter gave the £60 he gave it to one of them, I don't know which, and said, "Meet me in the 'pub.' on Monday morning." I had no suspicions or I might have tried to listen more.</p>
<p>Several witnesses spoke to the good character of the two War
<lb/>shawskys.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-163" type="witnessName">
<interp inst="t19090420-name-163" type="gender" value="male"/>
<interp inst="t19090420-name-163" type="surname" value="ROSENTHAL"/>
<interp inst="t19090420-name-163" type="given" value="BENJAMIN"/>BENJAMIN ROSENTHAL</persName> </hi> (prisoner, on oath). I carry on business with my brother Isaac at Hanbury Street, Spitalfields. I have known Gershon Warshawsky for some time, and have always found him a respectable man. I have known nothing against him. I also know his son, who left some samples of cloth at our place on Feb
<lb/>ruary 24 last. It was a job line. I was not there when the price was discussed. I took the samples round to Russell and Co., with whom we deal. I asked a price a little above the price in the invoice. It was 3s. 1d., I think. They offered me a price which I accepted. The cloth was then brought round by the younger Warshawsky. He brought a paper with him with the measure
<lb/>ments on it. This paper is copied off from his paper, with the measurements and the lengths. There was a torn piece, which was a bit of paper knocking about on the floor, and it was picked up to put the measurements down (Exhibit 10). He handed the invoice to my man who writes for me, and asked him to make it out. No. 18</p>
<xptr type="pageFacsimile" doc="190904200053"/>
<p>is the one in ink. Bought of Warshawsky so many yards of cloth at 3s. 1d. a yard. He handed it over to my man to make out while I put down the measurements. I did not discuss the price with the younger Warshawsky, but my brother did. At that time War
<lb/>shawsky senior owed my firm £29 or £30. Young Warshawsky asked for £114. I said, "There is an account owing by your father, and if you want an amount like this I want to deduct what is owing to us." I offered him £85 on account. I had not cash for £85 at the time. I intended to give him a cheque for £85. He said he must have payment in full as the money was to be paid away. I said, "Send your father, and I will settle with him." He went away saying, "Very well," and that he would send his father on. I sent my clerk to get the money—£60 in notes and £25 in gold—which, plus the sum his father owed me, would make up the £114. The price given was a fair price. We sold to Russell for £121. The son left us saying his father would come round and see us. I was not there when he called. My brother informed me that he had been there and he had given him £85, and he arranged to be there the day after. On Monday, March 1, Inspector Wensley called and saw me. My brother was present. He asked him if we had bought any goods from the elder Warshawsky. He asked me to bring in the invoice—we told him we bought the goods and had sold them to Russell and, Co. I went round to Russell's with him. We had no idea during the whole of this transaction that the articles were stolen property.</p>
<p>Cross-examined. I have never bought cloth from the Warshaw
<lb/>sky's in these quantities before. We have sold him stuffs in similar quantities. We bought some goods of him four or five years ago. I believed the goods to be Warshawsky's. The samples were re
<lb/>ceived about three o'clock. We received the goods about 10.30 or 11 Thursday morning, and they were delivered at Russell's about three or four in the afternoon. Warshawsky brought a«n invoice with him. He said he had not one made out, but he took one out of his pocket and asked my man to make it out according to his memorandum. He did not 'bring Exhibit 9, which is in my hand
<lb/>writing. So is No. 10. He took off the measurements from the checker. No. 10 is in my writing. It is the torn piece. The figures I took are not in my writing. The tickets were on and I re
<lb/>measured one or two pieces to see if the measurements were correct. We bought 24 or 25 pieces. There are 19 on No. 10, the torn piece. We like to sell goods before we buy them even. That is done every day. Exhibit No. 9 purports to be an invoice from War
<lb/>shawsky to us made out on our notepaper. No 18 is on Warshaw
<lb/>sky's billhead, and was made out in the 'handwriting of my clerk, by Warshawsky's instructions. No. 18 was made out on the date it bears. One is a duplicate of the original. The Warshawskys were arrested before the police came to me. I knew on Monday that they were arrested for receiving stolen cloth, and that I had within a few days purchased cloth from them, and that I had not made pur
<lb/>chases from them for over five years. I knew that the goods we</p>
<xptr type="pageFacsimile" doc="190904200054"/>
<p>bought from Warshawsky were sold. I did not know the stuff had anything to do with it. I knew thev were all sold to Russell. I did not hear what Inspector Wensley said. My brother told me to bring the invoice, which I did. I did not see Nyberg at all. Inspector Fowler came later in the day. He may have taken possession of Exhibit 10. I do not know what Exhibit No. 19 is. It is probably a billhead of Russell's. It says, "Debtor to Russell and Co. I find on Exhibit 18 "360 1/2 yards of cloth." Also on No. 19 and on No. 18 110 yards of cloth. Also on No. 19. Also 150 yards on 18 and 19, and 21 1/2 yards on both. I do not say they do not refer to the same goods, but I do not know how these came here. I believe I have a slight memory of this. one Inspector Wensley accompanied me to Russell and Co. He asked me for a copy of the invoice I gave to Russell and Co, and this was made out and given to Wensley, and probably he left it in my shop or has taken it away, together with this invoice made out by Jacobson I heard Inspector Fowler say he found that in my shop. I believe Wensley handed it over to Fowler. Russell and Co. 's business is carried on in the upper part of the premises. If anyone sold stolen goods to Russell and Co. they could be seen on the first floor. There is no record in this book of these sales to Russell and Co.</p>
<p>Re-examined. No. 9 is written by one of our men. Probably No. 9 is copied from No. 10. No. 10 is not* an invoice at all. It is simply a piece of paper found on the floor to put down the mea
<lb/>surements called out to me. That is my writing. I told his father at the time that one of us had signed for the goods. He took the paper away with him. There is no ground for the suggestion that there was any denial on our part. I heard these men were arrested the day the Inspector came. I did not know what it was for. I know people who have shops in Cheapside on the first floor, and you can see the cloth as plainly as if it were downstairs if you are on a 'bus and pass close by.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-164" type="witnessName">
<interp inst="t19090420-name-164" type="gender" value="male"/>
<interp inst="t19090420-name-164" type="surname" value="ROSENTHAL"/>
<interp inst="t19090420-name-164" type="given" value="ISAAC"/>ISAAC ROSENTHAL</persName> </hi> (prisoner, on oath). I have heard my brother give his evidence, which I agree with. Young Warshawsky came to our place on February 25 with a parcel of patterns and asked me 3s. 6d. a yard. I looked them through and picked out some of them and offered my price—from 3s. to 3s. 1d. a yard average. He said he would go home and ask his father if he would accept it. My brother was not in then. When he came in I showed him the samples. He was on the point of going out, and I told him the samples were sent by Warshawskv and that I had offered for this lot 3s. to 3s. 1d. a yard, and I was to see if I could find a customer for them.</p>
<p>Cross-examined. I was not surprised to find the goods delivered I the next day. Inspector Wensley came and said, "I understand you I have received a number of parcels of cloth goods from Warshawsky?" I said, "Yes, we bought from Warshawsky." He said he had the I carman outside who delivered the goods. As far as I know, the goods had not then been traced to us. I did not expect our premises I to be searched. I know Mr. Warshawsky is a respectable man, or I would not have accepted the offer from his son. I do not remem
<lb/>ber</p>
<xptr type="pageFacsimile" doc="190904200055"/>
<p>the Inspector saying that the carman was outside. I remember he mentioned Nyberg, and I knew the goods had been traced to us. I immediately admitted when he came that I bought the goods from Warshawsky, but did not know that they related to the stolen goods. A cheque made out in the name of Warshawsky could be traced and would be evidence of payment. My brother cashed it. We usually cash cheques if we want money—two or three days a week sometimes. I have not my bank book here. A cheque for £85, payable to Rosenthal or order, was produced, dated February 25.</p>
<p>Re-examined. Warshawsky called on Thursday afternoon and asked for £114. My brother was not in then, and I said to. him, "I have no entry book. We have to get £29 or £30 from you, and if you like you can wait till my brother comes home and the might give you a cheque for the lot. He said, "I cannot wait till then and a cheque I cannot change to-night." I said, "You can have £85, as he left it with me, and then come and settle in the book." War
<lb/>shawsky was satisfied and took the £85, and said he would come the next day to settle up.</p>
<p>Verdict: Gershon Warshawsky,
<rs id="t19090420-30-verdict-1" type="verdictDescription">
<interp inst="t19090420-30-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-30-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Not guilty of house-breaking; Guilty of receiving the stolen goods knowing them to be stolen.</rs> Hyman Warshawsky,
<rs id="t19090420-30-verdict-2" type="verdictDescription">
<interp inst="t19090420-30-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-30-verdict-2" type="verdictSubcategory" value="no_subcategory"/>Guilty of receiving.</rs> Isaac Rosenthal,
<rs id="t19090420-30-verdict-3" type="verdictDescription">
<interp inst="t19090420-30-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-30-verdict-3" type="verdictSubcategory" value="no_subcategory"/>Guilty.</rs> Benjamin Rosenthal,
<rs id="t19090420-30-verdict-4" type="verdictDescription">
<interp inst="t19090420-30-verdict-4" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-30-verdict-4" type="verdictSubcategory" value="no_subcategory"/>Guilty.</rs>
<rs id="t19090420-30-verdict-5" type="verdictDescription">
<interp inst="t19090420-30-verdict-5" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-30-verdict-5" type="verdictSubcategory" value="no_subcategory"/> </rs>Blyth confessed to having been con
<lb/>victed of felony at the North London Sessions on December 17, 1907. El son confessed to having been convicted of felony on February 25, 1908, at the North London Sessions. Several previous convictions were proved against Pine.</p>
<p>Sentences: Blyth,
<rs id="t19090420-30-punishment-29" type="punishmentDescription">
<interp inst="t19090420-30-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-30-punishment-29" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-30-19090420 t19090420-30-punishment-29"/>Two years' hard labour;</rs> Elson,
<rs id="t19090420-30-punishment-30" type="punishmentDescription">
<interp inst="t19090420-30-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-30-punishment-30" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def4-30-19090420 t19090420-30-punishment-30"/> 23 months' hard labour;</rs> Pavey,
<rs id="t19090420-30-punishment-31" type="punishmentDescription">
<interp inst="t19090420-30-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-30-punishment-31" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-30-19090420 t19090420-30-punishment-31"/>22 months' hard labour;</rs> Pine,
<rs id="t19090420-30-punishment-32" type="punishmentDescription">
<interp inst="t19090420-30-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-30-punishment-32" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-30-19090420 t19090420-30-punishment-32"/>18 months' hard labour;</rs> Gershon Warshawsky,
<rs id="t19090420-30-punishment-33" type="punishmentDescription">
<interp inst="t19090420-30-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-30-punishment-33" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def5-30-19090420 t19090420-30-punishment-33"/>Two years' hard labour;</rs> Hyman War
<lb/>shawsky was
<rs id="t19090420-30-punishment-34" type="punishmentDescription">
<interp inst="t19090420-30-punishment-34" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19090420-30-punishment-34" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def6-30-19090420 t19090420-30-punishment-34"/>released on his own recognisance in £10 to come up if called upon.</rs> Isaac and Benjamin Rosenthal,
<rs id="t19090420-30-punishment-35" type="punishmentDescription">
<interp inst="t19090420-30-punishment-35" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-30-punishment-35" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def7-30-19090420 t19090420-30-punishment-35"/>
<join result="defendantPunishment" targOrder="Y" targets="def8-30-19090420 t19090420-30-punishment-35"/>Five months' hard labour.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE MR</hi>
<hi rend="largeCaps">JUSTICE JELF</hi>.</p>
<p>(Thursday, April 22.)</p> </div1>
<div1 type="trialAccount" id="t19090420-31">
<interp inst="t19090420-31" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-31" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-31-charge-1" targOrder="Y" targets="def1-31-19090420 t19090420-31-offence-1 t19090420-31-verdict-4"/>
<join result="criminalCharge" id="t19090420-31-charge-2" targOrder="Y" targets="def2-31-19090420 t19090420-31-offence-1 t19090420-31-verdict-4"/>
<join result="criminalCharge" id="t19090420-31-charge-3" targOrder="Y" targets="def3-31-19090420 t19090420-31-offence-1 t19090420-31-verdict-2"/>
<join result="criminalCharge" id="t19090420-31-charge-4" targOrder="Y" targets="def4-31-19090420 t19090420-31-offence-1 t19090420-31-verdict-2"/>
<join result="criminalCharge" id="t19090420-31-charge-5" targOrder="Y" targets="def1-31-19090420 t19090420-31-offence-2 t19090420-31-verdict-1"/>
<join result="criminalCharge" id="t19090420-31-charge-6" targOrder="Y" targets="def2-31-19090420 t19090420-31-offence-2 t19090420-31-verdict-4"/>
<join result="criminalCharge" id="t19090420-31-charge-7" targOrder="Y" targets="def3-31-19090420 t19090420-31-offence-2 t19090420-31-verdict-3"/>
<p>
<persName id="def1-31-19090420" type="defendantName">
<interp inst="def1-31-19090420" type="gender" value="male"/>
<interp inst="def1-31-19090420" type="age" value="23"/>
<interp inst="def1-31-19090420" type="surname" value="REUBENS"/>
<interp inst="def1-31-19090420" type="given" value="MORRIS"/>
<interp inst="def1-31-19090420" type="occupation" value="salesman"/>
<hi rend="largeCaps">REUBENS</hi>, Morris (23, salesman)</persName>,
<persName id="def2-31-19090420" type="defendantName">
<interp inst="def2-31-19090420" type="gender" value="male"/>
<interp inst="def2-31-19090420" type="age" value="22"/>
<interp inst="def2-31-19090420" type="surname" value="REUBENS"/>
<interp inst="def2-31-19090420" type="given" value="MARKS"/>
<interp inst="def2-31-19090420" type="occupation" value="costermonger"/>
<hi rend="largeCaps">REUBENS</hi>, Marks (22, coster
<lb/>monger)</persName>,
<persName id="def3-31-19090420" type="defendantName">
<interp inst="def3-31-19090420" type="gender" value="female"/>
<interp inst="def3-31-19090420" type="age" value="25"/>
<interp inst="def3-31-19090420" type="surname" value="ALLEN"/>
<interp inst="def3-31-19090420" type="given" value="EMILY"/>
<interp inst="def3-31-19090420" type="occupation" value="no occupation"/>
<hi rend="largeCaps">ALLEN</hi>, Emily (25, no occupation)</persName>, and
<persName id="def4-31-19090420" type="defendantName">
<interp inst="def4-31-19090420" type="gender" value="female"/>
<interp inst="def4-31-19090420" type="age" value="21"/>
<interp inst="def4-31-19090420" type="surname" value="STEVENS"/>
<interp inst="def4-31-19090420" type="given" value="ELLEN"/>
<interp inst="def4-31-19090420" type="occupation" value="no occupation"/>
<hi rend="largeCaps">STEVENS</hi>, Ellen (21, no occupation)</persName>
<rs id="t19090420-31-offence-1" type="offenceDescription">
<interp inst="t19090420-31-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19090420-31-offence-1" type="offenceSubcategory" value="murder"/>, were charged on the coroner's inquisition with, (the two male prisoners being also indicted for) the wilful murder of
<persName id="t19090420-name-169" type="victimName">
<interp inst="t19090420-name-169" type="gender" value="male"/>
<interp inst="t19090420-name-169" type="surname" value="SPROULL"/>
<interp inst="t19090420-name-169" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-31-offence-1 t19090420-name-169"/>William Sproull</persName>.</rs> Morris Reubens, Marks Reubens, and Allen I were further indicted for a
<rs id="t19090420-31-offence-2" type="offenceDescription">
<interp inst="t19090420-31-offence-2" type="offenceCategory" value="violentTheft"/>
<interp inst="t19090420-31-offence-2" type="offenceSubcategory" value="robbery"/>robbery with violence on Sproull and with stealing from 'him a gold watch and chain and money.</rs> Morris Reubens
<rs id="t19090420-31-verdict-1" type="verdictDescription">
<interp inst="t19090420-31-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-31-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty to that charge,</rs> Marks Reubens and Allen pleaded not guilty.</p>
<p>Mr. Muir, Mr. Travers Humphreys, and Mr. Huntly Jenkins pro
<lb/>secuted; Mr. Daniel Warde and Mr. David White defended the two male prisoners.</p>
<xptr type="pageFacsimile" doc="190904200056"/>
<p>Mr. Muir said that the prosecution did not propose to offer any evidence against Allen on the indictment for robbery with violence nor upon the coroner's inquisition for murder. The Grand Jury had thrown out the bill preferred against her for murder. She gave evidence before the coroner, and it was proposed to call her as a witness here. The prosecution also would not offer any evidence against Stevens on the coroner's inquisition charging her with murder. At the time the murder was committed she was drunk and insensible, and there was substantially no evidence that the pro
<lb/>secution could offer against her. She was not committed for trial by the magistrate. The prosecution might call her as a witness here.</p>
<p>Mr. Justice Jelf expressed his approval, and
<rs id="t19090420-31-verdict-2" type="verdictDescription">
<interp inst="t19090420-31-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19090420-31-verdict-2" type="verdictSubcategory" value="directed"/>directed the jury to find Allen and Stevens Not guilty on the charge of murder</rs> and Allen
<rs id="t19090420-31-verdict-3" type="verdictDescription">
<interp inst="t19090420-31-verdict-3" type="verdictCategory" value="notGuilty"/>
<interp inst="t19090420-31-verdict-3" type="verdictSubcategory" value="directed"/>Not guilty also on the indictment for robbery with violence.</rs> </p>
<p>Morris Reubens and Marks Reubens were then placed upon their trial for the murder of Sproull.</p>
<p>Police-constable
<hi rend="smallCaps">
<persName id="t19090420-name-170" type="witnessName">
<interp inst="t19090420-name-170" type="gender" value="male"/>
<interp inst="t19090420-name-170" type="surname" value="WOODLEY"/>
<interp inst="t19090420-name-170" type="given" value="HARRY"/>HARRY WOODLEY</persName> </hi>, 343 H, produced a plan of the neighbourhood of Rupert Street, Whitechapel; also a large scale plan of Rupert Street, and a plan of No. 3.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-171" type="witnessName">
<interp inst="t19090420-name-171" type="gender" value="male"/>
<interp inst="t19090420-name-171" type="surname" value="MCEACHARN"/>
<interp inst="t19090420-name-171" type="given" value="CHARLES MACOLM"/>CHARLES MACOLM MCEACHARN</persName> </hi>. I was second mate on the s. s. "Dorset," which arrived (from Australia) in Victoria Dock on March 15. Sproull was second engineer; he is about 35 years old, a tall, powerful man. He and I left the ship about 8.30 that night. About 11 we met the two women, Allen and Brooks, and after having drinks we went with them to 3, Rupert Street; the four of us were in one room there. After staying some time we all went out and had more liquor, then returned there to stay the night. While we were in the room with the women, all of a sudden the door burst open and two men came in; one had a stick (if not the one pro
<lb/>duced, similar to it), and with this he struck Sproull across the face. I attempted to make for the man, and was myself struck several blows on the head. The next thing I remember I was leaning against a wall in a street I did not know. I walked till I met a policeman, but as I had no idea where I had been he could do nothing, and I returned to my ship. Both Sproull and I had given the women money, and there had been no quarrelling. We and the women were all the worse for liquor. I identify the coat and the gold watch and chain produced as having belonged to Sproull.</p>
<p>Cross-examined. We had had a lot of drink before we met the women. I was very drunk, but I remember clearly what I have told you. I deny that there was any row with the women. Directly the two men came into the room one of them struck at Sproull before I anything had been said.</p>
<p>Police-constable
<hi rend="smallCaps">
<persName id="t19090420-name-172" type="witnessName">
<interp inst="t19090420-name-172" type="gender" value="male"/>
<interp inst="t19090420-name-172" type="surname" value="MACINTOSH"/>
<interp inst="t19090420-name-172" type="given" value="JAMES"/>JAMES MACINTOSH</persName> </hi>, 323 H. In the early morning I of March 16 I was on a beat which included Rupert Street. About 10 past one I saw prisoners standing at the door of No. 3; Morris knocked on the shutter, the door was opened from inside, and the I two went in. At 20 to two I was again in the street, when I met Sharpe; on going to just opposite No. 3 I found the dead body of</p>
<xptr type="pageFacsimile" doc="190904200057"/>
<p>a man lying on the footway. I remained with the body while Sharps went for help.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-173" type="witnessName">
<interp inst="t19090420-name-173" type="gender" value="male"/>
<interp inst="t19090420-name-173" type="surname" value="SHARPE"/>
<interp inst="t19090420-name-173" type="given" value="JOHN"/>JOHN SHARPE</persName> </hi>, watchman to the Co-operative Wholesale Society, Leman Street. In the course of my duties I was passing through Rupert Street about 20 to two on the morning of March 16 when I saw the body of a man lying on the footway. I fetched Macintosh, and then went for other assistance.</p>
<p>Cross-examined. I have known Morris for somes time, and have never seen him drunk.</p>
<p>Inspector
<hi rend="smallCaps">
<persName id="t19090420-name-174" type="witnessName">
<interp inst="t19090420-name-174" type="gender" value="male"/>
<interp inst="t19090420-name-174" type="surname" value="FREEMAN"/>
<interp inst="t19090420-name-174" type="given" value="JOHN"/>JOHN FREEMAN</persName> </hi>, H Division. In the early morning of March 16 I was on patrol duty. In Commercial Road, near Back Church Lane, McEacharn met me and made a complaint; he was very drunk. At a quarter to two I went to Rupert Street, where I saw the deceased man lying on the footway about 50 yards from No. 3. on the opposite side. There were spots of blood from where the was lying across the road to No. 3 and on the door of that house, I posted constables at the back to prevent any escape that way. The dead man's pockets had been turned inside out; there were two three-penny bits lying close by him. On an iron ladder right opposite No. 3 there was a smear of blood, about 4 ft. from the ground. On the arrival of Chief-Inspector Loughlin we knocked repeatedly at the door of No. 3, and, getting no answer, we forced the door. In a room immediately on the right Ellen Stevens was lying on a bed asleep; she had been vomiting and was quite hopelessly drunk and insensible. There was no sign of a struggle about the room and no trace of blood. Loughlin and I went upstairs. On the second land
<lb/>ing we met Marks Reubens coming down. Loughlin asked him who he was and was he living there. He said, "Yes; what's that to do with you?" He attempted to get by and I prevented him. Lough
<lb/>lin again questioned him and he replied, "I live here," knocking at the door of room 19; getting no answer he knocked at the next room, No. 20. The door was opened by the occupier, Premislow, who said, "I don't know you; you don't live here; I have never seen you before." Marks was handed over to Police-constable Sim
<lb/>mons and taken to the station. On searching the deceased man was found on him an empty sovereign purse, 1s. 3d. in silver, a pipe, etc; no watch or chain. On Marks we found 7s. in silver and some coppers; no handkerchief or knife. Marks was perfectly sober; so was Morris, whom I saw about three in the morning.</p>
<p>Chief-Inspector
<hi rend="smallCaps">
<persName id="t19090420-name-175" type="witnessName">
<interp inst="t19090420-name-175" type="gender" value="male"/>
<interp inst="t19090420-name-175" type="surname" value="LOUGHLIN"/>
<interp inst="t19090420-name-175" type="given" value="GEORGE"/>GEORGE LOUGHLIN</persName> </hi>, H Division, confirmed the evi
<lb/>dence of Freeman.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-176" type="witnessName">
<interp inst="t19090420-name-176" type="gender" value="male"/>
<interp inst="t19090420-name-176" type="surname" value="PREMISLOW"/>
<interp inst="t19090420-name-176" type="given" value="MORRIS"/>MORRIS PREMISLOW</persName> </hi> confirmed Freeman's evidence as to Marks knocking at witness's door, and his saying that Marks was a stranger to him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-177" type="witnessName">
<interp inst="t19090420-name-177" type="gender" value="male"/>
<interp inst="t19090420-name-177" type="surname" value="NUTT"/>
<interp inst="t19090420-name-177" type="given" value="ALBERT"/>ALBERT NUTT</persName> </hi>. I occupy room 18 on the first floor of 3, Rupert Street. About half-past one in the morning of March 16 there was a knock at my bedroom door. On opening it I found Allen, the woman who lives downstairs. She came in and stayed. Half an hour later Morris Reubens came in. He asked me if Emmy was there and if he could stay a few minutes, as he had had a row downstairs. I</p>
<xptr type="pageFacsimile" doc="190904200058"/>
<p>said, "You had better go out, I don't want no trouble up here." He said, 'Oh, there'll be no trouble; that will be all right." I dropped off to sleep again. Later I heard people walking about the house, and I said to Morris and Allen that they must both go out. Morris said, "I am going out now; I am going to give myself up." As he said that there was a knock at the door. Inspector Wensley came in and said, "I want you, Morris." Morris said, "All right, guv'nor, I was going to give myself up; I don't want to cause these people no trouble."</p>
<p>Cross-examined. I have known Morris for some years as working in the neighbourhood and as living downstairs with Allen.</p>
<p>Detective-inspector
<hi rend="smallCaps">
<persName id="t19090420-name-178" type="witnessName">
<interp inst="t19090420-name-178" type="gender" value="male"/>
<interp inst="t19090420-name-178" type="surname" value="WENSLEY"/>
<interp inst="t19090420-name-178" type="given" value="FREDERICK"/>FREDERICK WENSLEY</persName> </hi>, H Division. On the early morning of March 16 I went to Leman Street Police Station and there found Marks Reubens detained. I then went to Rupert Street and there saw Chief-inspector Loughlin and other officers and the dead body of William Sproull lying in the street; the body was taken to Leman Street Police Station and then to the mortuary. I went to 3, Rupert Street, room No. 13, and saw the woman Brooks lying on the bed; that would be about a quarter to three. I found the stick produced on the table. In the corner I found the overcoat produced, which was later on identified as belonging to the deceased man; there was a bottle in the pocket which was fully of whisky; I looked round for a knife, but could not find one. I searched the room and went upstairs to Mr. Nutt's room. I knocked at the door and it was opened by Morris Reubens; he was fully dressed. As. soon as he opened the door I said, "Reubens, I want you," and he re
<lb/>plied, "All right, guv'nor; I was going to give myself up; I do not want to cause these people any trouble; the two girls brought two fellows home to-night and they would not part up; me and my brother had a row with them. They threw a glass at one of the girls, and we set about them. I then came up here with my missus. I do not mind telling you, I robbed the fellow lying on the ground over there; I hope he is not dead; there was only me and by brother there." I handed him over to two officers and they took him to the station. Allen was also in Mrs. Nutt's room. I went down witih her to her own room; Sergeant Richardson was there; he picked up a broken tumbler, which is produced here. Allen made a statement upon that; she was then taken to the police station. I charged the two male prisoners and the two women at the police station with the wilful murder of Sproull; neither made any reply. Next morning, as I was taking prisoners to the Thames Police Court, Morris said, "Mr. Wensley, do what you can for us. We never meant to murder the man, and you don't want to see a couple of young fellows like us topped." At the police court on March 24 I had an interview with Allen at her request and she made a state
<lb/>ment to me. The same day the two women were taken to Holloway in a cab; I was with them, and Allen made a statement to me. In consequence of one of the statements she made I went to No. 3, Rupert Street, room 13, and searched for a knife. I searched in the gas stove; failing to find it there, I tore away a piece of sheet-iron</p>
<xptr type="pageFacsimile" doc="190904200059"/>
<p>that was nailed to the wall at the back of the stove; I then heard something drop, and on looking down I found this knife (produced); it was just as it is now; partly closed. In the nick of the knife where you open it with the finger-nail there was an indication of blood; I gave it to Dr. Jones. On the same journey from the police court to Holloway on the 24th, Brooks was in the cab and she made a statement to me. I attended the inquest. The women Allen. and Brooks gave evidence before the coroner. Dr. Jones gave evi
<lb/>dence on two occasions; the first time the knife had not been found; on the second occasion it had been found and Dr. Jones gave evidence with regard to it. I have examined the shutters of 3, Rupert Street, room 13, both at night time and day time. In the night time I found that, by looking through the crevices on the right of the shutter about five feet from the ground, it commanded a view of the room, and any person standing or sitting between the table and the fireplace and the bedstead and the cupboard; when I looked in there was a light in the room.</p>
<p>Cross-examined. I have not been accustomed to going through Rupert Street; only recently. It is rather out of the way—a back street. The shutters at this window are the ordinary sort of shutters; by their appearance I should think they have been there for years. When I was upstairs Morris said, "I hope he is not dead." That was not the first time I had been upstairs; this was a quarter to four in the morning; I had been in and about the premises since half-pasl two. There was considerable noise, in the house between the time I first appeared on the scene and the time when I spoke to Morris, so that anyone living in the house, I should think, would be perfectly aware that there was something the matter. Nothing was said between Morris and myself except what I have already stated. Morris volunteered that statement. The room that he was in looked out into Rupert Street, and the man's body was found on the other side of the road, so that if he had looked out of the window he would have seen him lying on the ground—that is, of course, if he knew where it was. There is a gas light immediately opposite No. 3; there is no gas light on the other side of the way except the warehouse light. I do not know Morris at all. I caused inquiries to be made about him, and the officer who made the inqui
<lb/>ries is here and will tell you about him.</p>
<p>Dr.
<hi rend="smallCaps">
<persName id="t19090420-name-179" type="witnessName">
<interp inst="t19090420-name-179" type="gender" value="male"/>
<interp inst="t19090420-name-179" type="surname" value="JONES"/>
<interp inst="t19090420-name-179" type="given" value="THOMAS"/>THOMAS JONES</persName> </hi>, M. R. C. S., divisional surgeon. On the early morning of March 16 I was called to Rupert Street. There I found lying on the pavement the body of the deceased man Sproull; he was lying on the back near the edge of the pavement, the left arm extended at right angles with the body, extending into the road from off the pavement; the body was fully clothed; the hat was in the road. He was wearing a white shirt and an ordinary collar and tie; they were not disarranged. The upper three buttons of the waistcoat, was unfastened, the lower three were fastened. Consider
<lb/>ing the condition of the street, which was muddy, the man as he lay on his back was comparatively clean. I saw no indication of there having been a struggle on the ground. I noticed some wounds on</p>
<xptr type="pageFacsimile" doc="190904200060"/>
<p>the face and on the right wrist and a good deal of blood on the right hand; at that time I did not notice any wounds on the body. I noticed spots of blood on the road going back to No. 3. The deceased's trousers pockets were turned inside out. I went to 3, Bupert Street and looked first of all in the passage, but I did not find any blood there; I did not see any indication of there having been a struggle. The body was taken to the police station and there I made a further examination. On unbuttoning the waistcoat, en the inner side of the waistcoat and on the white shirt I noticed some blood over the region of the heart. In the waistcoat and the shirt and the underclothes I saw indications of a cut, and over the region of the heart I found a small punctured wound. Having regard to the position of the wound, I came to the conclusion that that was the cause of death. When I found the body it was still warm; in my opinion the man had been dead about a quarter of an hour. Later on, on that same day, by direction of the coroner; I made a post-mortem examination. On the left side of the face, just below the left eye, there was a sort of double wound, with the edges ragged and irregular, involving the skin and the tissues underneath, but not deep; there were slight surrounding effusions contiguous to these wounds. There was another small wound above the left eye on the forehead about a quarter of an inch long; the edges of this wound were also ragged and irregular, the same character as the wounds below the left eye. I should say the wounds were caused by some blunt instrument; I think they could have been caused by either end of the stick produced. I found a punctured wound on the chest over the region of the heart; that was situated 3 1/4 in. below the nipple line, the left nipple, and about 4 in. from the centre of the breast bone to the. left; it was just under half an inch in length; the edges were sharp and clean. In order to get the two edges similar, I think the weapon was practi
<lb/>cally a two-edge weapon. Looking at the point of the knife produced, I should say it would have caused that sort of wound. The depth of the wound was close upon 2 1/2 in. Assuming that the wound was made in the man's lifetime, it would not have been so deep, because the apex would be much nearer to the surface of the body. At the post-mortem some stretching would be noticeable, owing to the retraction of the parts after death. I should think the knife must have gone in two inches; considerable force must have been exer
<lb/>cised; the man would not live longer than two or three minutes after receiving the wound. I saw the knife on the 24th and examined it for blood marks; there was blood on the groove for the impression of the finger—the place for the nail to open it; there was a little blood on the part of the handle which is broken. Blood would not spurt out from a wound of that kind; the wound in the heart did not bleed much. The deceased man was 5 ft. 10 in., a powerfully
<lb/>built, well-developed man. On the early morning of March 16 I examined prisoner Marks Reubens; I noticed that his hands were clean, suggesting that water had recently been applied; I did not notice any blood on his clothes. I only found a little mark on his</p>
<xptr type="pageFacsimile" doc="190904200061"/>
<p>cheek, which he said was produced by one of the officers. On the same day I was shown the handkerchief produced.; it was partially wet; it was moist with water and had recent blood on it; it had the appearance that the hands were bloody and were washed and then dried on the handkerchief; it also had mud on it; it had been thrown on the ground and it was a muddy night. About the same time I examined the hands of Morris Reubens; they were not quite so clean; there was no indication of the application of water recently to his hands; in his case there were no bloodstains on his clothes. I also examined the witness McEacharn about seven o'clock the same morning, after he had been brought back from his ship. His ap
<lb/>pearance suggested that he was recovering from drink. He had a rather large contused wound on the left side of the upper lip. In the backyard of 3, Rupert Street there is a water tap in the position indicated on the plan; I did not see any towel there.</p>
<p>Cross-examined. In my opinion there were two wounds, one in the wrist and one in the breast: the one on the wrist was the one that caused the blood; considering the size of it there was not much blood from it; no big artery was severed. The blood from the wrist was the blood that accounted for the bloodmarks that crossed the road up to the place where the body was found. There is a differ
<lb/>ence in the character of the edges of that wound; it was caused by one instrument, only one part of it is done by the sharper part of the instrument and the other by the blunter part. Part of the edge of this knife is blunt, but the point of it would produce, with force, a wound in appearance exactly like as if it was done by a much sharper instrument. I suggest that this is the same instrument that caused both the wounds. I said before the coroner, "The wound could have been done by a fairly blunt knife; it might have been done by broken glass." That is quite right, a part of the wound; the outer part of the wound. I meant that it was not done by a pointed instrument; there are all degrees of sharpness. The inner part had the indica
<lb/>tion of being produced by a much sharper edge than the outer part. I think the fatal wound was done with this knife. Before the coroner I said, "The instrument used must have been narrow, long, and sharp; it must have been an instrument of a stiletto character." The word "stiletto" was suggested to me, but what I meant was an instrument sharp at both edges, more or less. I am certain that the reddish marks on the knife are from mammalian blood. I think the fatal wound must have been inflicted while the man was standing. I do not think that the wound on the wrist and that in the chest were caused by one blow or stab; there would be two blows, one quickly following the other.</p>
<p>(Friday, April 23.)</p>
<p>Police-constable
<hi rend="smallCaps">
<persName id="t19090420-name-180" type="witnessName">
<interp inst="t19090420-name-180" type="gender" value="male"/>
<interp inst="t19090420-name-180" type="surname" value="SIMMONS"/>
<interp inst="t19090420-name-180" type="given" value="HENRY"/>HENRY SIMMONS</persName> </hi>, 75 H. I was on duty in High Street, Whitechapel, on the night of March 15-16. At half-past 12 I saw The two women, accompanied by Sproull and McEacharn leave the "Swan" public-house and go in the direction of Rupert Street.</p>
<xptr type="pageFacsimile" doc="190904200062"/>
<p>At 2.30 a.m., as I was taking Marks Reubens to the station he took a pocket-handkerchief from his right-hand jacket pocket, pretending to wipe his nose, and threw it to the ground; I picked it up and found it was partly wet and bloodstained. He said, "Oh, that is nothing, I have got another one in my pocket." He did not have another pocket-handkerchief, but he had a new silk neckerchief that had never been worn. At the police station I took from him the two keys produced.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-181" type="witnessName">
<interp inst="t19090420-name-181" type="gender" value="male"/>
<interp inst="t19090420-name-181" type="surname" value="NEVILLE"/>
<interp inst="t19090420-name-181" type="given" value="HENRY"/>HENRY NEVILLE</persName> </hi> (called by the prosecution for examination by Mr. Warde). I was in the "White Hart" about 10 o'clock p.m.; Morris was there drinking in the ordinary way; there were other people in there, I know him very well by sight.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-182" type="witnessName">
<interp inst="t19090420-name-182" type="gender" value="female"/>
<interp inst="t19090420-name-182" type="surname" value="LAZARUS"/>
<interp inst="t19090420-name-182" type="given" value="LEAH"/>LEAH LAZARUS</persName> </hi>. I am the wife of Reuben Lazarus, a tailor; I live at 18, Everard Street, Whitechapel. I gave the two keys pro
<lb/>duced to the girl Ellen. I saw her at the police court; she was there called Brooks.</p>
<p>Cross-examined. I do not know if Marks is the man who lived at my house; they only lived there eight days, and I did not go into their room. A man used to come in, but I did not know who he was; I cannot identify him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-183" type="witnessName">
<interp inst="t19090420-name-183" type="gender" value="male"/>
<interp inst="t19090420-name-183" type="surname" value="TRAMBERG"/>
<interp inst="t19090420-name-183" type="given" value="LIONEL"/>LIONEL TRAMBERG</persName> </hi>, licensee of the "White Hart" public-house, Hooper Street, Whitechapel. I have known Morris Reubens for about six or seven months as a customer. He used to come in every day in the week except Sunday; he came in the afternoon, as a rule, between one and five, and, as a rule he stayed till closing time. I close at any time between 12 and half-past; sometimes I close earlier. I know Marks Reubens slightly; he has used my house for about a month or six weeks; sometimes he would only stay for a few minutes, sometimes for half an hour or an hour. On the night of March 15 Morris came to my house first some time between one and five. When I went out at half-past eight he was still there. When I re
<lb/>turned about half-past 11 Morris was there with his brother Marks. They left when I closed at 20 past 12. I recognise the stick pro
<lb/>duced as one Morris used to carry with him. The last time I saw it before March 15 was the Saturday previous. It was not cracked then as it is now. Morris and Marks were both sober men.</p>
<p>Cross-examined. I knew Morris lived in Rupert Street; my house is at the corner, he only lived a few yards away; he came every day except Sunday. He was there more regularly than, any
<lb/>body else, fie used to be there a great many hours, but he was not drinking all the time; he sometimes played bagatelle for amusement. The last time I saw the stick it was not broken; it was bent. Both Morris and Marks have always been well-conducted men in my house.</p>
<p>Detective
<hi rend="smallCaps">
<persName id="t19090420-name-184" type="witnessName">
<interp inst="t19090420-name-184" type="gender" value="male"/>
<interp inst="t19090420-name-184" type="surname" value="RUTTER"/>
<interp inst="t19090420-name-184" type="given" value="HENRY"/>HENRY RUTTER</persName> </hi>, H Division, stated that, on the way to the station, Morris Reubens said to him, "Just after one o'clock I went home with my young brother; I saw two men in the room with my wife and his young woman; we had a row with the men; I did not stab him; if he was. stabbed, my brother must have done it." At the station he took from his right leg, underneath his pants, the</p>
<xptr type="pageFacsimile" doc="190904200063"/>
<p>gold watch and chain produced, saying, This is what you want; I own I robbed him; I did it in the street; I went back indoors and said to my young brother, 'I think he will be all right in a couple of hours '; I left him lying in the street." On searching him witness found the two keys produced.</p>
<p>Cross-examined. Morris did not say, "This will be my first con
<lb/>viction."</p>
<p>Detective-sergeant
<hi rend="smallCaps">
<persName id="t19090420-name-185" type="witnessName">
<interp inst="t19090420-name-185" type="gender" value="male"/>
<interp inst="t19090420-name-185" type="surname" value="DESSENT"/>
<interp inst="t19090420-name-185" type="given" value="HENRY"/>HENRY DESSENT</persName> </hi>, H Division, who was with Inspector Wensley when Morris was arrested, confirmed Wensley's account of the statement made by Morris.</p>
<p>Cross-examined. Witness said he had inquired into prisoners' antecedents. A number of people were suggested to him as having employed Morris or Marks; in most cases witness's inquiries did not bear out the suggestion.</p>
<p>Detective-sergeant
<hi rend="smallCaps">
<persName id="t19090420-name-186" type="witnessName">
<interp inst="t19090420-name-186" type="gender" value="male"/>
<interp inst="t19090420-name-186" type="surname" value="RICHARDSON"/>
<interp inst="t19090420-name-186" type="given" value="HENRY"/>HENRY RICHARDSON</persName> </hi>, H Division, proved that the keys found on Morris were those of the front door and of room 13, No. 3, Rupert Street.</p>
<p>Police-constable
<hi rend="smallCaps">
<persName id="t19090420-name-187" type="witnessName">
<interp inst="t19090420-name-187" type="gender" value="male"/>
<interp inst="t19090420-name-187" type="surname" value="REDMOND"/>
<interp inst="t19090420-name-187" type="given" value="PETER"/>PETER REDMOND</persName> </hi>, H Division. On March 25 I attended the inquest and took shorthand notes. Dr. Jones, in the course of his evidence (the knife being then produced), said, "Con
<lb/>siderable force would be used to inflict that wound "; Marks said, "I should like to say, sir, that the knife was like that all the time."</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-188" type="witnessName">
<interp inst="t19090420-name-188" type="gender" value="female"/>
<interp inst="t19090420-name-188" type="surname" value="ALLEN"/>
<interp inst="t19090420-name-188" type="given" value="EMILY"/>EMILY ALLEN</persName> </hi>. I have known Morris two years and 10 months, and have been living with him all that time. During all the time I have gained my livelihood immorally. Morris (has not done any work to my knowledge; I paid the rent and kept up the place. On the evening of March 15 Ellen Brooks came to see me between seven and eight, and I went out with her. In Liverpool Street we met Sproull and McEacharn about 10 o'clock; after having several drinks we four went to 3, Rupert Street; McEacharn gave me 7s.; Sproull gave Brooks some money. We went out again and had more drink; eventually we all agreed to go home for the night. We got to Rupert Street about 20 to one; I was sober, the other three were intoxicated. Directly we got in Brooks laid on the bed and went to sleep; she was very drunk. Sproull gave her 16s.; as she had no purse she gave me all the money she had, 25s. 6d. We had been in the room about 20 minutes when I heard the street door open, and footsteps going into the yard. I went to the yard and there saw Morris and Marks; Morris had with him the stick produced; it was not then broken. I told Morry that me and Ellen had two men for the night, and suggested that he and Marks should go for the night to Ellen's room (in another house). They agreed, and I then left them and went back to room 13. McEacharn was rather quarrelsome; he did not want to stay; Sproull pressed him to settle down and be quiet; as Sproull had given Brooks 16s., I wanted McEacharn to give me 16s.; he refused; the three of us were talking loudly perhaps. Morris and Marks came into the room, Morris having the stick in his hand. I at once ran out of the room to the street door; I saw nothing happen, but I heard the men. quarrel
<lb/>ling; very shortly McEacharn came out hurriedly and went away;</p>
<xptr type="pageFacsimile" doc="190904200064"/>
<p>then the three other men came out together, into the middle of the road, and I went back to the room. In three or five minutes' time Morris and Marks came in; I saw the stick on the table, also the knife produced; it is Marks's knife; I did not notice anything about it, only that it was open. I said, "Oh, Morry" (or "Morry and Mark"), "What have you done?" Morry said, "That's all right, Emmie, you will be all right"; he told me not to upset myself, and to go up to Mrs. Nutt's room. I shut up the knife and threw it behind the gas stove. I went up to Mrs. Nutt's room; in a quarter or half-hour Morris came in; the stayed there till the police came, when he gave himself up. The handkerchief produced is mine; I had it on the night of the 15th; Brookes asked me to lend it to her, and I did so; it was then clean.</p>
<p>Cross-examined. I first made the acquaintance of Morris at a coffee house in Houndsditch,; at that time I was an unfortunate, and he protected me against a man who was attacking me. While I have lived with him he has treated me not unkindly. I do not know of his having done any work; he has attended race meetings; he has given me small sums occasionally; he did work at a stall on Mile End Waste on odd days. On March 15-16, between the time I left the house and the time I saw him in the yard, I had not seen Morris. There was loud talking in our room, but not to be called quarrelling; I had no idea there was going to be a row. When I ran out of the room, leaving the four men there, I did hear some bit of confusion; I supposed there was a fight. When the two prisoners and Sproull came out they seemed to be struggling to
<lb/>gether. I did not notice the knife until after prisoners had re
<lb/>turned. Morris asked me to cut his tie off for him, as it was chok
<lb/>ing him, and I did so; the tie was very much twisted; it was not like that when I saw him in the yard previously. When I saw the knife I did not notice any bloodstains on it. I halve taken men to this house on previous occasions; there has never before been any disturbance.</p>
<p>To the Court. When prisoners came into the room I had not made any complaint or sought their protection in any way.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-189" type="witnessName">
<interp inst="t19090420-name-189" type="gender" value="female"/>
<interp inst="t19090420-name-189" type="surname" value="STEVENS"/>
<interp inst="t19090420-name-189" type="given" value="ELLEN"/>ELLEN STEVENS</persName> </hi>. I am 18 years old. I have known Marks 18 months or two years; I was a flower seller in the City; he was a newspaper seller. I have lived with him for about 18 months; he has provided some money, not much; he has done no regular work; I (have kept him and myself by prostitution—soliciting men in the streets. (Witness repeated the story as told by Allen of their meet
<lb/>ing the two men, and going with them to 3, Rupert Street; she could prove nothing as to the graver events, as, directly the party got to the room on the second occasion she "came over sillified," and laid on the bed and slept till the police woke her.) I identify the knife produced; it belongs to Marks; I saw him with it a week before this occurrence.</p>
<p>No evidence was called for the defence.</p>
<p>Verdict (both prisoners),
<rs id="t19090420-31-verdict-4" type="verdictDescription">
<interp inst="t19090420-31-verdict-4" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-31-verdict-4" type="verdictSubcategory" value="no_subcategory"/> Guilty.</rs> </p>
<p>Sentence,
<rs id="t19090420-31-punishment-36" type="punishmentDescription">
<interp inst="t19090420-31-punishment-36" type="punishmentCategory" value="death"/>
<interp inst="t19090420-31-punishment-36" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-31-19090420 t19090420-31-punishment-36"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-31-19090420 t19090420-31-punishment-36"/>Death.</rs> </p>
<xptr type="pageFacsimile" doc="190904200065"/>
<p>Mr. Justice Jelf complimented the police officers upon their excel
<lb/>lent conduct throughout the case.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Thursday, April 22.)</p> </div1>
<div1 type="trialAccount" id="t19090420-32">
<interp inst="t19090420-32" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-32" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-32-charge-1" targOrder="Y" targets="def1-32-19090420 t19090420-32-offence-1 t19090420-32-verdict-1"/>
<p>
<persName id="def1-32-19090420" type="defendantName">
<interp inst="def1-32-19090420" type="gender" value="male"/>
<interp inst="def1-32-19090420" type="age" value="30"/>
<interp inst="def1-32-19090420" type="surname" value="TAYLOR"/>
<interp inst="def1-32-19090420" type="given" value="ERNEST ARTHUR"/>
<interp inst="def1-32-19090420" type="occupation" value="chauffeur"/>
<hi rend="largeCaps">TAYLOR</hi>, Ernest Arthur (30, chauffeur)</persName>,
<rs id="t19090420-32-verdict-1" type="verdictDescription">
<interp inst="t19090420-32-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-32-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of
<rs id="t19090420-32-offence-1" type="offenceDescription">
<interp inst="t19090420-32-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19090420-32-offence-1" type="offenceSubcategory" value="bigamy"/>felo
<lb/>niously marrying
<persName id="t19090420-name-191" type="victimName">
<interp inst="t19090420-name-191" type="gender" value="female"/>
<interp inst="t19090420-name-191" type="surname" value="EVANS"/>
<interp inst="t19090420-name-191" type="given" value="EMILY KATE"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-32-offence-1 t19090420-name-191"/>Emily Kate Evans</persName>, his wife being then alive.</rs> Pris
<lb/>oner was married to Rose Clayton at Wandsworth Registry Office in August, 1905. Less than a year afterwards he became acquainted with Miss Evans, and, after intimacy, went through the form of marriage with her at Colchester, where she was employed as a school mistress. He subsequently persuaded her to give up her situation and live with him at Highgate, the house being about a quarter of a mile from where the real wife lived. Sergeant Hancocks stated that prisoner had been employed in various situations as chauffeur and nothing was known against his character.</p>
<p>
<rs id="t19090420-32-punishment-37" type="punishmentDescription">
<interp inst="t19090420-32-punishment-37" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-32-punishment-37" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-32-19090420 t19090420-32-punishment-37"/>The Recorder expressed the opinion that this was a bad case of its kind and sentenced prisoner to 12 months' hard labour.</rs> </p> </div1>
<div1 type="trialAccount" id="t19090420-33">
<interp inst="t19090420-33" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-33" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-33-charge-1" targOrder="Y" targets="def1-33-19090420 t19090420-33-offence-1 t19090420-33-verdict-1"/>
<p>
<persName id="def1-33-19090420" type="defendantName">
<interp inst="def1-33-19090420" type="gender" value="male"/>
<interp inst="def1-33-19090420" type="age" value="21"/>
<interp inst="def1-33-19090420" type="surname" value="GOODWIN"/>
<interp inst="def1-33-19090420" type="given" value="ARTHUR"/>
<interp inst="def1-33-19090420" type="occupation" value="carpenter"/>
<hi rend="largeCaps">GOODWIN</hi>, Arthur (21, carpenter)</persName>
<rs id="t19090420-33-offence-1" type="offenceDescription">
<interp inst="t19090420-33-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19090420-33-offence-1" type="offenceSubcategory" value="housebreaking"/>; feloniously breaking and entering the dwelling-house of
<persName id="t19090420-name-193" type="victimName">
<interp inst="t19090420-name-193" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-33-offence-1 t19090420-name-193"/>Lilley and Skinner, Limited</persName>, and stealing therein 27 pairs of boots and other articles, their goods; being found by night having in his possession, without lawful excuse, certain implements of house-breaking—to wit, one brace, one bit and one jemmy.</rs> </p>
<p>Mr. J. MacMahon prosecuted.</p>
<p>Police-constable
<hi rend="smallCaps">
<persName id="t19090420-name-194" type="witnessName">
<interp inst="t19090420-name-194" type="gender" value="male"/>
<interp inst="t19090420-name-194" type="surname" value="SUTTON"/>
<interp inst="t19090420-name-194" type="given" value="WILLIAM"/>WILLIAM SUTTON</persName> </hi>, 895, City. On March 25, about 20 a.m., I was on duty at the rear of 115, Bishopsgate Street. I came across prisoner standing in a recess in a private yard in the occupation of the Great Eastern Railway Company, I having gained access thereto by means of a key supplied by the company. He was wearing brown kid gloves and was brushing his clothes, which were dusty, with a hair brush. Standing by the side of the wall was the canvas bag produced, which was afterwards found to contain 27 pairs of boots which have been identified as—the property of Lilley and Skinner. I said to prisoner, "Halloa! Where did you come from?" He said, "I have just dropped from the skylight of Lilley and Skinner's." The skylight does not project into the yard. He would have to climb over one or two roofs to get into the yard from the skylight. I took him into custody and took him to the station. On him were found a brace and a bit, housebreaking implements, and 2 1/2 d., and a watch and chain, which were afterwards identified at the police court. The laces produced were found in the bag with the boots. He made no reply to the charge.</p>
<p>Police-sergeant
<hi rend="smallCaps">
<persName id="t19090420-name-195" type="witnessName">
<interp inst="t19090420-name-195" type="gender" value="male"/>
<interp inst="t19090420-name-195" type="surname" value="FLAVELL"/>
<interp inst="t19090420-name-195" type="given" value="LOUIS"/>LOUIS FLAVELL</persName> </hi>, City. In consequence of a state
<lb/>ment made to me by the last witness, I examined the premises at</p>
<xptr type="pageFacsimile" doc="190904200066"/>
<p>the rear of 115, Bishopsgate Street. I found marks on a broken wall about 12 ft. high leading to the roof of 115. I also examined the glass roof and found that a pane of glass had been forced from the skylight by some blunt instrument. A pair of steps was stand
<lb/>ing immediately below the aperture. The distance of the skylight from the floor of the workroom is, I should say, about 9 ft., and I should say the steps were placed there to enable a person to get out. There would be no difficulty in getting into the workroom, but there would be difficulty in getting out, more especially with pro
<lb/>perty. There was a large heap of empty cardboard boxes lying about on the floor of the kind that boots are packed in. I found the "jimmy" produced lying close to the telephone box. There were fresh putty marks upon it. At the rear I found this brush. There are two low roofs between the shop and the wall of the yard. The wall is broken and forms a sort of artificial stairway and there were footmarks on these steps. At Bishopsgate Station prisoner asked me if I had found a "stick." I held up the "jemmy" and said, "I found this in the shop." He said, "Yes; that is it; that is mine."</p>
<p>Prisoner said the statement about the "stick" was absolutely false and there was a conspiracy against him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-196" type="witnessName">
<interp inst="t19090420-name-196" type="gender" value="male"/>
<interp inst="t19090420-name-196" type="surname" value="THORPE"/>
<interp inst="t19090420-name-196" type="given" value="HENRY"/>HENRY THORPE</persName> </hi>. I am in the employment of Messrs. Lilley and Skinner. On Friday, March 26, I left the premises about five minutes to 10. The glass roof was in perfect condition; no pane of it was broken. I got to the shop about 10 a.m. next day. The manager opens it at nine am. Five panes of the glass roof were broken. I identify the boots produced as the property of my em
<lb/>ployers.</p>
<p>Prisoner made a statement to the effect that he found the gate of the yard open, and, on going in, to his surprise, found himself face to face with a policeman. The policeman said. to him, "What are you doing here?" and he replied, "I have just come in by that gate." Then the policeman said, "Oh, no, you have not; you have just dropped from Lilley and Skinner's." The prisoner, in reply to that, said, "You are lucky to catch me, as I thought it ran right through."</p>
<p>Detective-sergeant
<hi rend="smallCaps">
<persName id="t19090420-name-197" type="witnessName">
<interp inst="t19090420-name-197" type="gender" value="male"/>
<interp inst="t19090420-name-197" type="surname" value="BAREHAM"/>
<interp inst="t19090420-name-197" type="given" value="FREDERICK"/>FREDERICK BAREHAM</persName> </hi> gave evidence of making inquiries concerning prisoner from his employers. One said he worked fairly well, another discharged him for being lazy, and the third gave him a fairly good character.</p>
<p>Verdict,
<rs id="t19090420-33-verdict-1" type="verdictDescription">
<interp inst="t19090420-33-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19090420-33-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>. A number of previous convictions were proved.</p>
<p>Sentence,
<rs id="t19090420-33-punishment-38" type="punishmentDescription">
<interp inst="t19090420-33-punishment-38" type="punishmentCategory" value="imprison"/>
<interp inst="t19090420-33-punishment-38" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-33-19090420 t19090420-33-punishment-38"/>18 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19090420-34">
<interp inst="t19090420-34" type="uri" value="sessionsPapers/19090420"/>
<interp inst="t19090420-34" type="date" value="19090420"/>
<join result="criminalCharge" id="t19090420-34-charge-1" targOrder="Y" targets="def1-34-19090420 t19090420-34-offence-1 t19090420-34-verdict-1"/>
<join result="criminalCharge" id="t19090420-34-charge-2" targOrder="Y" targets="def2-34-19090420 t19090420-34-offence-1 t19090420-34-verdict-1"/>
<p>
<persName id="def1-34-19090420" type="defendantName">
<interp inst="def1-34-19090420" type="gender" value="male"/>
<interp inst="def1-34-19090420" type="age" value="37"/>
<interp inst="def1-34-19090420" type="surname" value="HARVEY"/>
<interp inst="def1-34-19090420" type="given" value="JOHN"/>
<interp inst="def1-34-19090420" type="occupation" value="merchant"/>
<hi rend="largeCaps">HARVEY</hi>, John (37, merchant)</persName>, and
<persName id="def2-34-19090420" type="defendantName">
<interp inst="def2-34-19090420" type="gender" value="male"/>
<interp inst="def2-34-19090420" type="age" value="26"/>
<interp inst="def2-34-19090420" type="surname" value="FLETCHER"/>
<interp inst="def2-34-19090420" type="given" value="BENJAMIN"/>
<interp inst="def2-34-19090420" type="occupation" value="dealer"/>
<hi rend="largeCaps">FLETCHER</hi>, Benjamin (26, dealer)</persName>
<rs id="t19090420-34-offence-1" type="offenceDescription">
<interp inst="t19090420-34-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19090420-34-offence-1" type="offenceSubcategory" value="fraud"/>; both obtaining by false pretences from
<persName id="t19090420-name-200" type="victimName">
<interp inst="t19090420-name-200" type="gender" value="male"/>
<interp inst="t19090420-name-200" type="surname" value="LEWIS"/>
<interp inst="t19090420-name-200" type="given" value="PERCY EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-34-offence-1 t19090420-name-200"/>Percy Edward Lewis</persName> a quantity of cigars and cigarettes, from
<persName id="t19090420-name-201" type="victimName">
<interp inst="t19090420-name-201" type="gender" value="male"/>
<interp inst="t19090420-name-201" type="surname" value="BOWERMAN"/>
<interp inst="t19090420-name-201" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-34-offence-1 t19090420-name-201"/>George Bowerman</persName> a quan
<lb/>tity of gimp, from
<persName id="t19090420-name-202" type="victimName">
<interp inst="t19090420-name-202" type="gender" value="male"/>
<interp inst="t19090420-name-202" type="surname" value="HICKS"/>
<interp inst="t19090420-name-202" type="given" value="HOWELL BERTRAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-34-offence-1 t19090420-name-202"/>Howell Bertram Hicks</persName>, a quantity of silk, from
<persName id="t19090420-name-203" type="victimName">
<interp inst="t19090420-name-203" type="gender" value="male"/>
<interp inst="t19090420-name-203" type="surname" value="DAVIDGE"/>
<interp inst="t19090420-name-203" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-34-offence-1 t19090420-name-203"/>George Davidge</persName> a quantity of buttons and velvet, and from
<persName id="t19090420-name-204" type="victimName">
<interp inst="t19090420-name-204" type="gender" value="male"/>
<interp inst="t19090420-name-204" type="surname" value="ROBINSON"/>
<interp inst="t19090420-name-204" type="given" value="BERNARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19090420-34-offence-1 t19090420-name-204"/>Bernard Robinson</persName> a quantity of sardines, in each case with intent to defraud; both unlawfully conspiring together to obtain the before-mentioned articles by means of false pretences with intent to defraud; both unlawfully conspiring with
<persName id="t19090420-name-205">
<interp inst="t19090420-name-205" type="gender" value="male"/>
<interp inst="t19090420-name-205" type="surname" value="EDWARDS"/>
<interp inst="t19090420-name-205" type="given" value="JOHN"/>John Edwards</persName>. to obtain, the before-men
<lb/>tioned articles by means of false pretences with intent to defraud.</rs> </p>
<xptr type="pageFacsimile" doc="190904200067"/>
<p>Mr. Symmons and Mr. Graham-Campbell prosecuted; Mr. Curtis Bennett and Mr. Jack Ganzoni defended Harvey; Mr. Forrest Fulton defended Fletcher.</p>
<p>This was a long-firm case presenting the usual features. Prisoners obtained premises upon references written by themselves in different names, ordered in goods and moved out before quarter day.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-206" type="witnessName">
<interp inst="t19090420-name-206" type="gender" value="male"/>
<interp inst="t19090420-name-206" type="surname" value="MARRIOTT"/>
<interp inst="t19090420-name-206" type="given" value="RICHARD"/>RICHARD MARRIOTT</persName> </hi>, estate agent, 35, Fairfax Road, South Hamp
<lb/>stead. I received a letter dated 3. 12. 06, signed "W. Harris," of West Ham Lane, offering £125 a year for certain premises at 21, Harp Lane, Great Tower Street. I made a note on it "£150." The rent required was £150 for three years. I wrote to Mr. Harris, and received a reply accepting a tenancy for three years at the sum named. I then asked for references, and was referred to a Mr. F. Peck and a Mr. B. Rosenberg, of Bethnal Green, general merchant and importer. I was satisfied with the references and let Harris the premises. While the premises were vacant and before the agree
<lb/>ment was signed I went to Harp Lane, and there saw the man call
<lb/>ing himself Harris (prisoner Harvey), and eventually accepted him as a tenant from Christmas, 1906. At the end of the March quarter he asked me to waive a quarter's rent as there had been some delay on my part in putting up a partition, which had prevented him starting in business properly. On. June 23 I received a communica
<lb/>tion from Mr. Knight, the housekeeper of the premises. In July, 1907, I received a communication from "W. Harvey and Co., mer
<lb/>chants and warehousemen," informing me that the firm had been unable to meet their engagements owing to losses. I took possession, of the premises, and there was nothing more to be done. I did not know that prisoners subsequently went under the name of John Walker and Co. at 39, Great Pulteney Street. I never saw Fletcher, to my knowledge.</p>
<p>(Friday, April 23.)</p>
<p>Cross-examined by Mr. Curtis Bennett. When I saw prisoner Harvey there was another man with him. I did not see the agree
<lb/>ment signed. I cannot say whether I have seen the other man on different occasions as I did not pay any regard. to him. When I saw Harvey at Harp Lane I addressed him as Harris and he said "Yes." and shook hands with me.</p>
<p>
<hi rend="smallCaps">
<persName id="t19090420-name-207" type="witnessName">
<interp inst="t19090420-name-207" type="gender" value="male"/>
<interp inst="t19090420-name-207" type="surname" value="PRICE"/>
<interp inst="t19090420-name-207" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY PRICE</persName> </hi>, assistant manager, Union of London and Smiths Bank, Regent Street 'branch. The firm of John Walker and Co., 39, Great Pulteney Street, had an account at the bank. The account was opened by prisoner Fletcher. I saw him sign the signa
<lb/>ture book. He brought an indiarubber stamp with him, "John Walker and Co.," and then put his name underneath. (Witness was then shown Exhibit 17, a cheque for £26 13s. 7d., with the signa
<lb/>ture "John Walker and Co., J. Walker"; Exhibit 19, an order for</p>
<xptr type="pageFacsimile" doc="190904200068"/>
<p>goods; Exhibit 22, a letter dated December 13, 1907, signed "John Walker and Co."; and Exhibit 25, a letter dated December 23, 1907, and declared them all to be in the handwriting of prisoner Fletcher. The signature book and the various documents were then handed to the jury for inspection.)</p>
<p>
<hi rend="smallCaps">