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<div1 type="frontMatter" id="f19091012">
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<p>1909, OCTOBER.</p>
<p>Vol. CLI.] Part 900.</p>
<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>TRUSCOTT, MAYOR.</p>
<p>TWELFTH SESSION,</p>
<p>HELD OCT. 12TH, 1909, AND FOLLOWING DAYS.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORTHAND BY</p>
<p>
<persName id="t19091012-name-1">
<interp inst="t19091012-name-1" type="gender" value="male"/>
<interp inst="t19091012-name-1" type="surname" value="WALPOLE"/>
<interp inst="t19091012-name-1" type="given" value="GEORGE"/>GEORGE WALPOLE</persName> </p>
<p>Shorthand Writer to the Court.</p>
<p>POINTS OF LAW AND PRACTICE</p>
<p>EDITED BY</p>
<p>R. F. GRAHAM-CAMPBELL, ESQUIRE,</p>
<p>OF THE INNER TEMPLE.</p>
<p>[Published by Annual Subscription.]</p>
<p>LONDON:</p>
<p>GEO. WALPOLE, PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W. C.</p>
<xptr type="pageFacsimile" doc="190910120002"/>
<p>PRINTED BY</p>
<p>THE ARGUS PRINTING COMPANY, LIMITED,</p>
<p>10, TEMPLE AVENUE, AND TUDOR STREET,</p>
<p>LONDON, E. C.</p>
<xptr type="pageFacsimile" doc="190910120003"/>
<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, October 12th, 1909, and following days.</p>
<p>Before the Right Hon. Sir
<hi rend="largeCaps">
<persName id="t19091012-name-2" type="judiciaryName">
<interp inst="t19091012-name-2" type="gender" value="male"/>
<interp inst="t19091012-name-2" type="surname" value="TRUSCOTT"/>
<interp inst="t19091012-name-2" type="given" value="GEORGE WYATT"/>GEORGE WYATT TRUSCOTT</persName> </hi> Baronet,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; the Hon. Sir
<hi rend="smallCaps">
<persName id="t19091012-name-3" type="judiciaryName">
<interp inst="t19091012-name-3" type="gender" value="male"/>
<interp inst="t19091012-name-3" type="surname" value="PICKFORD"/>
<interp inst="t19091012-name-3" type="given" value="WILLIAM"/>WILLIAM PICKFORD</persName>,</hi>, one of the Justices of His Majesty's High Court; Sir
<hi rend="smallCaps">
<persName id="t19091012-name-4" type="judiciaryName">
<interp inst="t19091012-name-4" type="gender" value="male"/>
<interp inst="t19091012-name-4" type="surname" value="SAVORY"/>
<interp inst="t19091012-name-4" type="given" value="JOSEPH"/>JOSEPH SAVORY</persName> </hi>, Bart.; Sir
<hi rend="smallCaps">
<persName id="t19091012-name-5" type="judiciaryName">
<interp inst="t19091012-name-5" type="gender" value="male"/>
<interp inst="t19091012-name-5" type="surname" value="NEWTON"/>
<interp inst="t19091012-name-5" type="given" value="ALFRED JAMES"/>ALFRED JAMES NEWTON</persName> </hi>, Bart.; Sir W.
<hi rend="smallCaps">
<persName id="t19091012-name-6" type="judiciaryName">
<interp inst="t19091012-name-6" type="gender" value="male"/>
<interp inst="t19091012-name-6" type="surname" value="MORGAN"/>
<interp inst="t19091012-name-6" type="given" value="VAUGHAN"/>VAUGHAN MORGAN</persName> </hi>, Bart.;
<hi rend="smallCaps">
<persName id="t19091012-name-7" type="judiciaryName">
<interp inst="t19091012-name-7" type="gender" value="male"/>
<interp inst="t19091012-name-7" type="surname" value="GUTHRIE"/>
<interp inst="t19091012-name-7" type="given" value="WALTER MURRAY"/>WALTER MURRAY GUTHRIE</persName> </hi>, Esq.; Sir
<hi rend="smallCaps">CHAS. CHEERS WAKEFIELD</hi>, Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t19091012-name-8" type="judiciaryName">
<interp inst="t19091012-name-8" type="gender" value="male"/>
<interp inst="t19091012-name-8" type="surname" value="FULTON"/>
<interp inst="t19091012-name-8" type="given" value="FORREST"/>FORREST FULTON</persName> </hi>, Knight, K. C., Recorder of the said City; Sir
<hi rend="smallCaps">FK. ALBERT BOSANQUET</hi>, K. C., Common Serjeant of the said City; and His Honour Judge
<hi rend="smallCaps">RENTOUL</hi> K. C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-9" type="judiciaryName">
<interp inst="t19091012-name-9" type="gender" value="male"/>
<interp inst="t19091012-name-9" type="surname" value="ROLL"/>
<interp inst="t19091012-name-9" type="given" value="JAMES"/>JAMES ROLL</persName> </hi>, Esq.</p>
<p>
<hi rend="smallCaps">RALPH SLAZENGER</hi>, Esq.</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>J. D.
<hi rend="smallCaps">LANGTON</hi>, Esq.</p>
<p>W. J. B.
<hi rend="smallCaps">TIPPETTS</hi>, Esq.</p>
<p>
<hi rend="italic">Under Sheriffs.</hi> </p>
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<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">TRUSCOTT, MAYOR. TWELFTH 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>. (Tuesday, October 12.)</p> </div1>
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<p>
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<interp inst="def1-1-19091012" type="age" value="45"/>
<interp inst="def1-1-19091012" type="surname" value="KNIGHT"/>
<interp inst="def1-1-19091012" type="given" value="HENRY OGILVIE"/>
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<hi rend="largeCaps">KNIGHT</hi> Henry Ogilvie (45, postman)</persName>
<rs id="t19091012-1-offence-1" type="offenceDescription">
<interp inst="t19091012-1-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091012-1-offence-1" type="offenceSubcategory" value="mail"/>,
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<rs id="t19091012-1-verdict-1" type="verdictDescription">
<interp inst="t19091012-1-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-1-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of stealing a postal packet containing one watch and 13 penny and one half
<lb/>penny postage stamps; and a postal packet containing one watch and one postal order, value 1s., the goods in each case of
<persName id="t19091012-name-11" type="victimName">
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<join result="offenceVictim" targOrder="Y" targets="t19091012-1-offence-1 t19091012-name-11"/>His Majesty's Postmaster-General</persName>, he being employed under the Post Office.</rs> </p>
<p>Prisoner, was stated to have not attempted to realise a large number of articles which he had stolen, and to be of weak mental condition.
<rs id="t19091012-1-punishment-1" type="punishmentDescription">
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<join result="defendantPunishment" targOrder="Y" targets="def1-1-19091012 t19091012-1-punishment-1"/>Sentence was postponed to next sessions.</rs> </p> </div1>
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<p>
<persName id="def1-2-19091012" type="defendantName">
<interp inst="def1-2-19091012" type="gender" value="indeterminate"/>
<interp inst="def1-2-19091012" type="age" value="19"/>
<interp inst="def1-2-19091012" type="surname" value="GARITTA"/>
<interp inst="def1-2-19091012" type="given" value="VEGILIO"/>
<interp inst="def1-2-19091012" type="occupation" value="liftman"/>
<hi rend="largeCaps">GARITTA</hi> Vegilio (19, liftman)</persName>
<rs id="t19091012-2-offence-1" type="offenceDescription">
<interp inst="t19091012-2-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091012-2-offence-1" type="offenceSubcategory" value="mail"/>,
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<rs id="t19091012-2-verdict-1" type="verdictDescription">
<interp inst="t19091012-2-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-2-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of stealing a Post Office Savings Bank deposit book, the goods of
<persName id="t19091012-name-13" type="victimName">
<interp inst="t19091012-name-13" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-2-offence-1 t19091012-name-13"/> His Majesty's Post-master-general</persName> </rs>;
<rs id="t19091012-2-offence-2" type="offenceDescription">
<interp inst="t19091012-2-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19091012-2-offence-2" type="offenceSubcategory" value="forgery"/>forging and uttering, knowing the same to be forged, a certain request for the payment of money, to wit, a Post Office Savings Bank notice of with drawal for £15, and a certain receipt for money, to wit, a receipt for the payment of the sum of £15, in each case with intent to defraud.</rs> </p>
<p>Sentence,
<rs id="t19091012-2-punishment-2" type="punishmentDescription">
<interp inst="t19091012-2-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-2-punishment-2" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-2-19091012 t19091012-2-punishment-2"/>Three months' hard labour</rs>.</p> </div1>
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<p>
<persName id="def1-3-19091012" type="defendantName">
<interp inst="def1-3-19091012" type="gender" value="male"/>
<interp inst="def1-3-19091012" type="age" value="25"/>
<interp inst="def1-3-19091012" type="surname" value="STEVENS"/>
<interp inst="def1-3-19091012" type="given" value="WILLIAM"/>
<interp inst="def1-3-19091012" type="occupation" value="shop assistant"/>
<hi rend="largeCaps">STEVENS</hi> William (25, shop assistant)</persName>
<rs id="t19091012-3-offence-1" type="offenceDescription">
<interp inst="t19091012-3-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091012-3-offence-1" type="offenceSubcategory" value="fraud"/>,
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<rs id="t19091012-3-verdict-1" type="verdictDescription">
<interp inst="t19091012-3-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-3-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of having been entrusted with a piano, the goods of
<persName id="t19091012-name-15" type="victimName">
<interp inst="t19091012-name-15" type="gender" value="male"/>
<interp inst="t19091012-name-15" type="surname" value="WHEATLAND"/>
<interp inst="t19091012-name-15" type="given" value="EDWIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-3-offence-1 t19091012-name-15"/>Edwin Wheatland</persName> and others, in order that he might retain the safe custody thereof, did fraudulently convert the same to his own use and benefit;</rs>
<rs id="t19091012-3-offence-2" type="offenceDescription">
<interp inst="t19091012-3-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19091012-3-offence-2" type="offenceSubcategory" value="fraud"/> obtaining by false pretences from
<persName id="t19091012-name-16" type="victimName">
<interp inst="t19091012-name-16" type="gender" value="male"/>
<interp inst="t19091012-name-16" type="surname" value="LAWFORD"/>
<interp inst="t19091012-name-16" type="given" value="ARTHUR EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-3-offence-2 t19091012-name-16"/>Arthur Edward Lawford</persName> two photographs, the goods of Berney and Company, Limited, with intent to defraud.</rs> </p>
<p>Sentence,
<rs id="t19091012-3-punishment-3" type="punishmentDescription">
<interp inst="t19091012-3-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-3-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-3-19091012 t19091012-3-punishment-3"/>Six months' hard labour</rs>.</p> </div1>
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<join result="criminalCharge" id="t19091012-4-charge-2" targOrder="Y" targets="def1-4-19091012 t19091012-4-offence-2 t19091012-4-verdict-1"/>
<p>
<persName id="def1-4-19091012" type="defendantName">
<interp inst="def1-4-19091012" type="gender" value="male"/>
<interp inst="def1-4-19091012" type="age" value="37"/>
<interp inst="def1-4-19091012" type="surname" value="RAMPTON"/>
<interp inst="def1-4-19091012" type="given" value="WILLIAM GEORGE"/>
<interp inst="def1-4-19091012" type="occupation" value="labourer"/>
<hi rend="largeCaps">RAMPTON</hi> William George (37, labourer)</persName>
<rs id="t19091012-4-offence-1" type="offenceDescription">
<interp inst="t19091012-4-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091012-4-offence-1" type="offenceSubcategory" value="fraud"/>,
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<rs id="t19091012-4-verdict-1" type="verdictDescription">
<interp inst="t19091012-4-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-4-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of obtaining by false pretences from
<persName id="t19091012-name-18" type="victimName">
<interp inst="t19091012-name-18" type="gender" value="male"/>
<interp inst="t19091012-name-18" type="surname" value="KITE"/>
<interp inst="t19091012-name-18" type="given" value="DAVID"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-4-offence-1 t19091012-name-18"/>David Kite</persName> the several sums of £3 and £2, the moneys of the
<persName id="t19091012-name-19" type="victimName">
<interp inst="t19091012-name-19" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-4-offence-1 t19091012-name-19"/>Southern Western Investment and Advance Company, Limited</persName>, and from
<persName id="t19091012-name-20" type="victimName">
<interp inst="t19091012-name-20" type="gender" value="male"/>
<interp inst="t19091012-name-20" type="surname" value="HOCKLEY"/>
<interp inst="t19091012-name-20" type="given" value="WILLIAM HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-4-offence-1 t19091012-name-20"/>William Henry Hockley</persName> the several sums of 3s. and 17s., his moneys, in each case with intent to defraud;</rs>
<rs id="t19091012-4-offence-2" type="offenceDescription">
<interp inst="t19091012-4-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19091012-4-offence-2" type="offenceSubcategory" value="forgery"/> unlawfully forging and uttering, knowing the same to be forged, a certain paper writing purporting to be signed by the general manager of the
<persName id="t19091012-name-21" type="victimName">
<interp inst="t19091012-name-21" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-4-offence-2 t19091012-name-21"/>London and South-Western Railway Company</persName>, and to be an appointment for him to attend at the offices of the said company to receive £100, with intent to defraud.</rs> </p>
<p>Prisoner also confessed to having been convicted at the South London Quarter Sessions on October 19, 1904, receiving three months' hard labour for breaking into an outhouse, after three previous con
<lb/>victions of felony.</p>
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<p>Sentence,
<rs id="t19091012-4-punishment-4" type="punishmentDescription">
<interp inst="t19091012-4-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-4-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-19091012 t19091012-4-punishment-4"/>12 months' hard labour</rs>.</p> </div1>
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<join result="criminalCharge" id="t19091012-5-charge-2" targOrder="Y" targets="def1-5-19091012 t19091012-5-offence-2 t19091012-5-verdict-1"/>
<p>
<persName id="def1-5-19091012" type="defendantName">
<interp inst="def1-5-19091012" type="gender" value="male"/>
<interp inst="def1-5-19091012" type="age" value="26"/>
<interp inst="def1-5-19091012" type="surname" value="WARD"/>
<interp inst="def1-5-19091012" type="given" value="PERCY WILLIAM"/>
<interp inst="def1-5-19091012" type="occupation" value="traveller"/>
<hi rend="largeCaps">WARD</hi> Percy William (26, traveller)</persName>
<rs id="t19091012-5-offence-1" type="offenceDescription">
<interp inst="t19091012-5-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091012-5-offence-1" type="offenceSubcategory" value="forgery"/>, who
<hi rend="smallCaps">
<rs id="t19091012-5-verdict-1" type="verdictDescription">
<interp inst="t19091012-5-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> at the September Sessions (see p. 504) of forging and uttering, knowing the same to be forged, the endorsements on two orders for the payment of £1 1s. and 10s. 6d. respectively, in each case with intent to defraud (two indictments);</rs>
<rs id="t19091012-5-offence-2" type="offenceDescription">
<interp inst="t19091012-5-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19091012-5-offence-2" type="offenceSubcategory" value="embezzlement"/>embezzling two orders for the payment of £11s. and 10s. 6d. and the sums of £1 1s. and 10s. 6d. respectively, the property of
<persName id="t19091012-name-23" type="victimName">
<interp inst="t19091012-name-23" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-5-offence-2 t19091012-name-23"/>The Motorists' Protection Association, Limited</persName>, his masters;</rs> and confessed to former convictions of felony, was brought up for judgment. Rev.—. Burleigh undertaking to find prisoner employment, and prisoner having been in custody since July 16,
<rs id="t19091012-5-punishment-5" type="punishmentDescription">
<interp inst="t19091012-5-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-5-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-5-19091012 t19091012-5-punishment-5"/>he was sentenced to one day's imprisonment.</rs> </p> </div1>
<div1 type="trialAccount" id="t19091012-6">
<interp inst="t19091012-6" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-6" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-6-charge-1" targOrder="Y" targets="def1-6-19091012 t19091012-6-offence-1 t19091012-6-verdict-1"/>
<p>
<persName id="def1-6-19091012" type="defendantName">
<interp inst="def1-6-19091012" type="gender" value="male"/>
<interp inst="def1-6-19091012" type="age" value="61"/>
<interp inst="def1-6-19091012" type="surname" value="LEUTY"/>
<interp inst="def1-6-19091012" type="given" value="FREDERICK"/>
<interp inst="def1-6-19091012" type="occupation" value="chef"/>
<hi rend="largeCaps">LEUTY</hi> Frederick (61, chef)</persName>
<rs id="t19091012-6-offence-1" type="offenceDescription">
<interp inst="t19091012-6-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19091012-6-offence-1" type="offenceSubcategory" value="assault"/>, who
<hi rend="smallCaps">
<rs id="t19091012-6-verdict-1" type="verdictDescription">
<interp inst="t19091012-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-6-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> at the September Sessions (see p. 650) of common assault upon
<persName id="t19091012-name-25" type="victimName">
<interp inst="t19091012-name-25" type="gender" value="male"/>
<interp inst="t19091012-name-25" type="surname" value="PEARCE"/>
<interp inst="t19091012-name-25" type="given" value="ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-6-offence-1 t19091012-name-25"/>Arthur Pearce</persName>,
<persName id="t19091012-name-26" type="victimName">
<interp inst="t19091012-name-26" type="gender" value="male"/>
<interp inst="t19091012-name-26" type="surname" value="BAKER"/>
<interp inst="t19091012-name-26" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-6-offence-1 t19091012-name-26"/>William Baker</persName>, and
<persName id="t19091012-name-27" type="victimName">
<interp inst="t19091012-name-27" type="gender" value="male"/>
<interp inst="t19091012-name-27" type="surname" value="BLACKMAN"/>
<interp inst="t19091012-name-27" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-6-offence-1 t19091012-name-27"/>Richard Blackman</persName>,</rs>
<rs id="t19091012-6-punishment-6" type="punishmentDescription">
<interp inst="t19091012-6-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-6-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19091012 t19091012-6-punishment-6"/>was sentenced to 35 days' imprison
<lb/>ment; entitling him to immediate discharge.</rs> </p> </div1>
<div1 type="trialAccount" id="t19091012-7">
<interp inst="t19091012-7" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-7" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-7-charge-1" targOrder="Y" targets="def1-7-19091012 t19091012-7-offence-1 t19091012-7-verdict-1"/>
<p>
<persName id="def1-7-19091012" type="defendantName">
<interp inst="def1-7-19091012" type="gender" value="male"/>
<interp inst="def1-7-19091012" type="age" value="24"/>
<interp inst="def1-7-19091012" type="surname" value="BALDWIN"/>
<interp inst="def1-7-19091012" type="given" value="LEONARD"/>
<interp inst="def1-7-19091012" type="occupation" value="salesman"/>
<hi rend="largeCaps">BALDWIN</hi> Leonard (24, salesman)</persName>
<rs id="t19091012-7-offence-1" type="offenceDescription">
<interp inst="t19091012-7-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091012-7-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>,
<hi rend="smallCaps">
<rs id="t19091012-7-verdict-1" type="verdictDescription">
<interp inst="t19091012-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-7-verdict-1" type="verdictSubcategory" value="no_subcategory"/>who was convicted</rs> </hi> at the September Sessions (see p. 651) of stealing a postal order for the payment of 1s. and the sum of £56 14s., the moneys of
<persName id="t19091012-name-29" type="victimName">
<interp inst="t19091012-name-29" type="gender" value="male"/>
<interp inst="t19091012-name-29" type="surname" value="PERCEY"/>
<interp inst="t19091012-name-29" type="given" value="GEORGE FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-7-offence-1 t19091012-name-29"/>George Frede
<lb/>rick Percey</persName>, his master, was brought up for judgment.</rs>
<rs id="t19091012-7-punishment-7" type="punishmentDescription">
<interp inst="t19091012-7-punishment-7" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19091012-7-punishment-7" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-19091012 t19091012-7-punishment-7"/>Having been 12 weeks in custody, he was now released on recognisances in £50 of himself and his father, Frederick Baldwin, to come up for judgment if called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t19091012-8">
<interp inst="t19091012-8" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-8" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-8-charge-1" targOrder="Y" targets="def1-8-19091012 t19091012-8-offence-1 t19091012-8-verdict-1"/>
<p>
<persName id="def1-8-19091012" type="defendantName">
<interp inst="def1-8-19091012" type="gender" value="male"/>
<interp inst="def1-8-19091012" type="age" value="17"/>
<interp inst="def1-8-19091012" type="surname" value="RUSSELL"/>
<interp inst="def1-8-19091012" type="given" value="VICTOR STANLEY"/>
<interp inst="def1-8-19091012" type="occupation" value="hall porter"/>
<hi rend="largeCaps">RUSSELL</hi> Victor Stanley (17, hall porter)</persName>
<rs id="t19091012-8-offence-1" type="offenceDescription">
<interp inst="t19091012-8-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091012-8-offence-1" type="offenceSubcategory" value="forgery"/>, who
<hi rend="smallCaps">
<rs id="t19091012-8-verdict-1" type="verdictDescription">
<interp inst="t19091012-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-8-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> at the September Sessions (see p. 585) of forging and uttering, knowing the same to be forged, two orders for the payment of £5 each, with intent to defraud (two indictments),</rs>
<rs id="t19091012-8-punishment-8" type="punishmentDescription">
<interp inst="t19091012-8-punishment-8" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19091012-8-punishment-8" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19091012 t19091012-8-punishment-8"/>was now released on the recog
<lb/>nisances of himself and William White, his brother-in-law, in £15 each to come up for judgment if called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t19091012-9">
<interp inst="t19091012-9" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-9" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-9-charge-1" targOrder="Y" targets="def1-9-19091012 t19091012-9-offence-1 t19091012-9-verdict-1"/>
<p>
<persName id="def1-9-19091012" type="defendantName">
<interp inst="def1-9-19091012" type="gender" value="male"/>
<interp inst="def1-9-19091012" type="age" value="19"/>
<interp inst="def1-9-19091012" type="surname" value="WILSON"/>
<interp inst="def1-9-19091012" type="given" value="THOMAS TOSHACH"/>
<interp inst="def1-9-19091012" type="occupation" value="postman"/>
<hi rend="largeCaps">WILSON</hi> Thomas Toshach (19, postman)</persName>
<rs id="t19091012-9-offence-1" type="offenceDescription">
<interp inst="t19091012-9-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091012-9-offence-1" type="offenceSubcategory" value="mail"/>,
<hi rend="smallCaps">
<rs id="t19091012-9-verdict-1" type="verdictDescription">
<interp inst="t19091012-9-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-9-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of steal
<lb/>ing a postal packet containing a certain valuable security, to wit, a postal order for the payment and of the value of 8s. 6d., the goods of
<persName id="t19091012-name-32" type="victimName">
<interp inst="t19091012-name-32" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-9-offence-1 t19091012-name-32"/>His Majesty's Postmaster-General</persName>, he being employed under the Post Office.</rs> </p>
<p>Sentence,
<rs id="t19091012-9-punishment-9" type="punishmentDescription">
<interp inst="t19091012-9-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-9-punishment-9" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-19091012 t19091012-9-punishment-9"/>Three months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091012-10">
<interp inst="t19091012-10" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-10" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-10-charge-1" targOrder="Y" targets="def1-10-19091012 t19091012-10-offence-1 t19091012-10-verdict-1"/>
<join result="criminalCharge" id="t19091012-10-charge-2" targOrder="Y" targets="def1-10-19091012 t19091012-10-offence-2 t19091012-10-verdict-2"/>
<join result="criminalCharge" id="t19091012-10-charge-3" targOrder="Y" targets="def1-10-19091012 t19091012-10-offence-3 t19091012-10-verdict-1"/>
<p>
<persName id="def1-10-19091012" type="defendantName">
<interp inst="def1-10-19091012" type="gender" value="male"/>
<interp inst="def1-10-19091012" type="age" value="34"/>
<interp inst="def1-10-19091012" type="surname" value="TURNER"/>
<interp inst="def1-10-19091012" type="given" value="EDWIN JAMES"/>
<interp inst="def1-10-19091012" type="occupation" value="brass finisher"/>
<hi rend="largeCaps">TURNER</hi> Edwin James (34, brass finisher)</persName>
<rs id="t19091012-10-offence-1" type="offenceDescription">
<interp inst="t19091012-10-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091012-10-offence-1" type="offenceSubcategory" value="burglary"/>, burglary in the dwelling-house
<placeName id="t19091012-geo-1">
<join result="offencePlace" targOrder="Y" targets="t19091012-10-offence-1 t19091012-geo-1"/> No. 374, Finchley Road</placeName>, and stealing therein goods, value £30;</rs>
<rs id="t19091012-10-offence-2" type="offenceDescription">
<interp inst="t19091012-10-offence-2" type="offenceCategory" value="damage"/>
<interp inst="t19091012-10-offence-2" type="offenceSubcategory" value="other"/>unlawfully and maliciously damaging a quantity of furniture, pictures, etc., to the amount of £120;</rs>
<rs id="t19091012-10-offence-3" type="offenceDescription">
<interp inst="t19091012-10-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t19091012-10-offence-3" type="offenceSubcategory" value="burglary"/>burglary in the dwelling-house
<placeName id="t19091012-geo-2">
<join result="offencePlace" targOrder="Y" targets="t19091012-10-offence-3 t19091012-geo-2"/>No. 75, Avenue Road, St. John's Wood</placeName>, and steal
<lb/>ing therein 18 snuff boxes and other articles, the goods of
<persName id="t19091012-name-34" type="victimName">
<interp inst="t19091012-name-34" type="gender" value="male"/>
<interp inst="t19091012-name-34" type="surname" value="JONES"/>
<interp inst="t19091012-name-34" type="given" value="BENJAMIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-10-offence-3 t19091012-name-34"/>Benjamin Jones</persName>, and feloniously receiving the same.</rs> </p>
<xptr type="pageFacsimile" doc="190910120007"/>
<p>
<rs id="t19091012-10-verdict-1" type="verdictDescription">
<interp inst="t19091012-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-10-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>Prisoner pleaded guilty of the two charges of burglary</rs>;
<rs id="t19091012-10-verdict-2" type="verdictDescription">
<interp inst="t19091012-10-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091012-10-verdict-2" type="verdictSubcategory" value=""/>not guilty of the wilful damage, his plea being accepted by the prosecution.</rs> </p>
<p>Sentence,
<rs id="t19091012-10-punishment-10" type="punishmentDescription">
<interp inst="t19091012-10-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-10-punishment-10" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-10-19091012 t19091012-10-punishment-10"/>Nine months' hard labour</rs>.</p> </div1>
<p>
<hi rend="smallCaps">BEFORE THE</hi>
<hi rend="largeCaps">COMMON SERJEANT</hi>.</p>
<p>(Tuesday, October 12.)</p>
<div1 type="trialAccount" id="t19091012-11">
<interp inst="t19091012-11" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-11" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-11-charge-1" targOrder="Y" targets="def1-11-19091012 t19091012-11-offence-1 t19091012-11-verdict-1"/>
<p>
<persName id="def1-11-19091012" type="defendantName">
<interp inst="def1-11-19091012" type="gender" value="male"/>
<interp inst="def1-11-19091012" type="age" value="41"/>
<interp inst="def1-11-19091012" type="surname" value="ALLEN"/>
<interp inst="def1-11-19091012" type="given" value="EDWARD"/>
<interp inst="def1-11-19091012" type="occupation" value="dealer"/>
<hi rend="largeCaps">ALLEN</hi> Edward (41, dealer)</persName>
<rs id="t19091012-11-offence-1" type="offenceDescription">
<interp inst="t19091012-11-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091012-11-offence-1" type="offenceSubcategory" value="fraud"/>, who
<hi rend="smallCaps">
<rs id="t19091012-11-verdict-1" type="verdictDescription">
<interp inst="t19091012-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-11-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> at the Septem
<lb/>ber Sessions (see p. 570) that, being entrusted with certain property, to wit, one piano, the goods of
<persName id="t19091012-name-36" type="victimName">
<interp inst="t19091012-name-36" type="gender" value="male"/>
<interp inst="t19091012-name-36" type="surname" value="CALDECOTT"/>
<interp inst="t19091012-name-36" type="given" value="HARRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-11-offence-1 t19091012-name-36"/>Harry Caldecott</persName> and another, one piano, the goods of
<persName id="t19091012-name-37" type="victimName">
<interp inst="t19091012-name-37" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-11-offence-1 t19091012-name-37"/>Shenstone and Company, Limited</persName>, and one bedstead and other articles, the goods of the
<persName id="t19091012-name-38" type="victimName">
<interp inst="t19091012-name-38" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-11-offence-1 t19091012-name-38"/>Highbury Furnishing Company, Limited</persName>, in order that he might retain the said property in safe cus
<lb/>tody, he did unlawfully and fraudulently convert the said property, respectively, to his own use and benefit (three indictments), came up for judgment.</rs> </p>
<p>Sergeant
<hi rend="smallCaps">LEACH</hi>, 6 Division, stated that prisoner had been con
<lb/>victed of keeping a brothel, and the addresses to which the furniture comprised in the indictments was sent were undoubtedly brothels.</p>
<p>Sentence,
<rs id="t19091012-11-punishment-11" type="punishmentDescription">
<interp inst="t19091012-11-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-11-punishment-11" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-19091012 t19091012-11-punishment-11"/>Six months' hard labour</rs>, to run from last Sessions. A restitution order was made in respect of some property of the High bury Furnishing Company which has been found at Walthamstow.</p> </div1>
<div1 type="trialAccount" id="t19091012-12">
<interp inst="t19091012-12" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-12" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-12-charge-1" targOrder="Y" targets="def1-12-19091012 t19091012-12-offence-1 t19091012-12-verdict-1"/>
<p>
<persName id="def1-12-19091012" type="defendantName">
<interp inst="def1-12-19091012" type="gender" value="male"/>
<interp inst="def1-12-19091012" type="age" value="18"/>
<interp inst="def1-12-19091012" type="surname" value="SMITH"/>
<interp inst="def1-12-19091012" type="given" value="HERBERT WILLIAM"/>
<interp inst="def1-12-19091012" type="occupation" value="labourer"/>
<hi rend="largeCaps">SMITH</hi> Herbert William (18, labourer)</persName>
<rs id="t19091012-12-offence-1" type="offenceDescription">
<interp inst="t19091012-12-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19091012-12-offence-1" type="offenceSubcategory" value="coiningOffences"/>,
<hi rend="smallCaps">
<rs id="t19091012-12-verdict-1" type="verdictDescription">
<interp inst="t19091012-12-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-12-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of un
<lb/>lawfully uttering counterfeit coin and having in his possession eight other pieces of counterfeit coin; unlawfully having in his possession eight pieces of counterfeit coin, with intent to utter the same.</rs> </p>
<p>
<rs id="t19091012-12-punishment-12" type="punishmentDescription">
<interp inst="t19091012-12-punishment-12" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19091012-12-punishment-12" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-12-19091012 t19091012-12-punishment-12"/>Prisoner was released on his own recognisances in the sum of £10 to come up for judgment if called upon</rs>, being handed over to an officer of the Church Army, the officer to furnish a report on his conduct on the first day of November Sessions. Prisoner, it appeared, volunteered a statement to the police that he had been led into this by an older man, and the Common Serjeant expressed the opinion that he ought to have the opportunity of recovering his character without going to prison.</p> </div1>
<div1 type="trialAccount" id="t19091012-13">
<interp inst="t19091012-13" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-13" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-13-charge-1" targOrder="Y" targets="def1-13-19091012 t19091012-13-offence-1 t19091012-13-verdict-2"/>
<join result="criminalCharge" id="t19091012-13-charge-2" targOrder="Y" targets="def2-13-19091012 t19091012-13-offence-1 t19091012-13-verdict-1"/>
<p>
<persName id="def1-13-19091012" type="defendantName">
<interp inst="def1-13-19091012" type="gender" value="male"/>
<interp inst="def1-13-19091012" type="age" value="21"/>
<interp inst="def1-13-19091012" type="surname" value="MYERS"/>
<interp inst="def1-13-19091012" type="given" value="WOLSEY"/>
<interp inst="def1-13-19091012" type="occupation" value="printer"/>
<hi rend="largeCaps">MYERS</hi> Wolsey (21, printer)</persName>, and
<persName id="def2-13-19091012" type="defendantName">
<interp inst="def2-13-19091012" type="gender" value="male"/>
<interp inst="def2-13-19091012" type="age" value="21"/>
<interp inst="def2-13-19091012" type="surname" value="GARRETT"/>
<interp inst="def2-13-19091012" type="given" value="DAVID"/>
<interp inst="def2-13-19091012" type="occupation" value="porter"/>
<hi rend="largeCaps">GARRETT</hi> David (21, por
<lb/>ter)</persName>
<rs id="t19091012-13-offence-1" type="offenceDescription">
<interp inst="t19091012-13-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19091012-13-offence-1" type="offenceSubcategory" value="coiningOffences"/>, both unlawfully having in their possession 25 pieces of counter
<lb/>feit coin, with intent to utter the same</rs> </p>
<p>Garrett
<hi rend="smallCaps">
<rs id="t19091012-13-verdict-1" type="verdictDescription">
<interp inst="t19091012-13-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-13-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> </p>
<p>Mr. Pickersgill, M. P., prosecuted; Mr. C. W. Kent defended Myers.</p>
<p>Detective-sergeant
<hi rend="smallCaps">ALBERT HANDLEY</hi>, J Division. About nine a.m.</p>
<xptr type="pageFacsimile" doc="190910120008"/>
<p>on September 30 I was with Sergeant Edwards in the Hackney Road keeping observation, and saw prisoners coming along the road to
<lb/>wards Shoreditch; when they were opposite 127, Hackney Road, which is a coffee shop, Myers apparently observed me, he touched Garrett, and they entered the coffee shop. I and Sergeant Edwards at once entered the shop. I told prisoners we were police officers, and had reason to believe they were in possession of counterfeit coin and should search them. I searched Garrett and Sergeant Edwards searched Myers. Myers turned to me and said, "Handley, I have none on me; you will find them on him," pointing to Garrett. Garrett then took from the inside pocket of his jacket a small pack-age wrapped in brown paper, and said, "Here you are, Handley. You will find 24 counterfeit 5s. pieces, all 'snide.' You were too late the other morning. You have got us straight this morning. I will tell you straight, we are not the makers. If we had passed these to-day we should only have got eight 'bob' for our corner. They were taken to Bethnal Green Police Station, and subsequently charged. On Myers was 1s. 6d. in good money and on Garrett 13s. 6d. All the counterfeit coins were wrapped separately in tissue paper. A counter
<lb/>feit half-crown was also found on Garrett. All the crown pieces were apparently from the same mould.</p>
<p>Cross-examined. A good deal of counterfeit coin has been passed in this district lately, and the police, of course, have been on the very strict look out. No counterfeit coin was found on Myers, who is a man of good character. I arrested Garrett four days previously on suspicion of uttering. He was not then with Myers. I wrote down what Garrett said as soon as I got to the police-station. Garrett said, "You have got us straight," not "You have got me straight" Mr. Kent pointed out that in the depositions Garrett was taken down as saying, "You were too late the other morning. You have got me straight this morning."</p>
<p>Detective-sergeant
<hi rend="smallCaps">EDWARDS</hi>, J Division, gave corroborative evi
<lb/>dence.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-42" type="witnessName">
<interp inst="t19091012-name-42" type="gender" value="male"/>
<interp inst="t19091012-name-42" type="surname" value="WEBSTER"/>
<interp inst="t19091012-name-42" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>, the officer of the Mint, gave evidence that the 24 crown pieces were all counterfeit and from the same mould and were fairly well made, but not so well made as those in the former case. Coiners were now making more crown pieces than formerly.</p>
<p>Verdict,
<rs id="t19091012-13-verdict-2" type="verdictDescription">
<interp inst="t19091012-13-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091012-13-verdict-2" type="verdictSubcategory" value=""/>Myers Not Guilty.</rs> </p>
<p>Sergeant
<hi rend="smallCaps">HANDLEY</hi> stated that Garrett bore a good character in places where he had been working, but for the last nine months he had done no work, living entirely on his poor widowed mother, who was in receipt of parish relief, 7s. 6d. per week. Sentence,
<rs id="t19091012-13-punishment-13" type="punishmentDescription">
<interp inst="t19091012-13-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-13-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-13-19091012 t19091012-13-punishment-13"/>Four months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091012-14">
<interp inst="t19091012-14" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-14" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-14-charge-1" targOrder="Y" targets="def1-14-19091012 t19091012-14-offence-1 t19091012-14-verdict-1"/>
<p>
<persName id="def1-14-19091012" type="defendantName">
<interp inst="def1-14-19091012" type="gender" value="female"/>
<interp inst="def1-14-19091012" type="surname" value="SMITH"/>
<interp inst="def1-14-19091012" type="given" value="ELIZA"/>
<hi rend="largeCaps">SMITH</hi> Eliza</persName>
<rs id="t19091012-14-offence-1" type="offenceDescription">
<interp inst="t19091012-14-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19091012-14-offence-1" type="offenceSubcategory" value="bigamy"/>,
<hi rend="smallCaps">
<rs id="t19091012-14-verdict-1" type="verdictDescription">
<interp inst="t19091012-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-14-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of marrying
<persName id="t19091012-name-44" type="victimName">
<interp inst="t19091012-name-44" type="gender" value="male"/>
<interp inst="t19091012-name-44" type="surname" value="SMITH"/>
<interp inst="t19091012-name-44" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-14-offence-1 t19091012-name-44"/>William Smith</persName>, her hus
<lb/>band being alive.</rs> It appeared that someone discovered that the woman was married, and threatened to show her up, and this so preyed on her mind that she herself went to the police. Smith stated that he had lived with prisoner 18 months or two years before going through the form of marriage. Since then she had conducted herself respectably, and had worked very hard in a laundry.</p>
<xptr type="pageFacsimile" doc="190910120009"/>
<p>
<rs id="t19091012-14-punishment-14" type="punishmentDescription">
<interp inst="t19091012-14-punishment-14" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19091012-14-punishment-14" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-19091012 t19091012-14-punishment-14"/>Prisoner was released on her own recognisances in £10 to come up for judgment if called upon</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091012-15">
<interp inst="t19091012-15" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-15" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-15-charge-1" targOrder="Y" targets="def1-15-19091012 t19091012-15-offence-1 t19091012-15-verdict-1"/>
<p>
<persName id="def1-15-19091012" type="defendantName">
<interp inst="def1-15-19091012" type="gender" value="male"/>
<interp inst="def1-15-19091012" type="age" value="35"/>
<interp inst="def1-15-19091012" type="surname" value="SMITH"/>
<interp inst="def1-15-19091012" type="given" value="THOMAS"/>
<interp inst="def1-15-19091012" type="occupation" value="labourer"/>
<hi rend="largeCaps">SMITH</hi> Thomas,
<hi rend="italic">otherwise
<rs id="t19091012-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-15-19091012 t19091012-alias-1"/> John Wilson </rs> </hi>(35, labourer)</persName>
<rs id="t19091012-15-offence-1" type="offenceDescription">
<interp inst="t19091012-15-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091012-15-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, breaking and entering the shop of the
<persName id="t19091012-name-46" type="victimName">
<interp inst="t19091012-name-46" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-15-offence-1 t19091012-name-46"/>Crown Emporium Company, Limited</persName>, and stealing therein four watches and two cases, their goods.</rs> Mr. Ford ham prosecuted.</p>
<p>detective-constable
<hi rend="smallCaps">ALFRED KIRBY</hi>, City. On the 6th of this month I was on duty in plain clothes in Cheapside at 2 a.m., and saw prisoner acting suspiciously, looking into shops and doorways. I followed him down Cheapside. He crossed the road when opposite No. 105, and looked into the window of the Crown Emporium Com
<lb/>pany, a cheap jewellery shop. He then put his hand into his pocket and took out this half brick with which with two successive blows ho completely smashed the glass. Having done that he put his hands into the window and took from it two boxes. He immediately hurried off. I was about 20 yards from him when he broke the window, secreted in the doorway. I ran after him and stopped him. The two boxes produced were in his left hand and in his right hand he had a pedestal with two watches upon it. Two watches dropped from the boxes and were picked up on the footway. I then took him to the station. The watches hung in the window in a kind of case.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-47" type="witnessName">
<interp inst="t19091012-name-47" type="gender" value="male"/>
<interp inst="t19091012-name-47" type="surname" value="PENMAN"/>
<interp inst="t19091012-name-47" type="given" value="GEORGE"/>GEORGE PENMAN</persName> </hi>, manager, Crown Emporium Company, identified the property, which he valued at £1s. 8d. Verdict,
<rs id="t19091012-15-verdict-1" type="verdictDescription">
<interp inst="t19091012-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-15-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Detective-sergeant
<hi rend="smallCaps">GEORGE GALE</hi>, City, proved previous convictions for minor offences. Sentence,
<rs id="t19091012-15-punishment-15" type="punishmentDescription">
<interp inst="t19091012-15-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-15-punishment-15" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-15-19091012 t19091012-15-punishment-15"/>15 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091012-16">
<interp inst="t19091012-16" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-16" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-16-charge-1" targOrder="Y" targets="def1-16-19091012 t19091012-16-offence-1 t19091012-16-verdict-1"/>
<p>
<persName id="def1-16-19091012" type="defendantName">
<interp inst="def1-16-19091012" type="gender" value="female"/>
<interp inst="def1-16-19091012" type="age" value="25"/>
<interp inst="def1-16-19091012" type="surname" value="ROGERS"/>
<interp inst="def1-16-19091012" type="given" value="EMILY"/>
<interp inst="def1-16-19091012" type="occupation" value="servant"/>
<hi rend="largeCaps">ROGERS</hi> Emily (25, servant)</persName>
<rs id="t19091012-16-offence-1" type="offenceDescription">
<interp inst="t19091012-16-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19091012-16-offence-1" type="offenceSubcategory" value="bigamy"/>,
<hi rend="smallCaps">
<rs id="t19091012-16-verdict-1" type="verdictDescription">
<interp inst="t19091012-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-16-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of feloniously marry
<lb/>ing
<persName id="t19091012-name-49" type="victimName">
<interp inst="t19091012-name-49" type="gender" value="male"/>
<interp inst="t19091012-name-49" type="surname" value="MARLOW"/>
<interp inst="t19091012-name-49" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-16-offence-1 t19091012-name-49"/>Frederick Marlow</persName>, her husband being alive.</rs> </p>
<p>Detective-sergeant
<hi rend="smallCaps">HUMPHREYS</hi> stated that prisoner married Rogers in May, 1903, and her husband immediately commenced to drive her out into the streets to get her own living, and when she refused he used to knock her about and otherwise ill-treat her. On May 12 of this year he was sentenced to three months' hard labour for living on her earnings, and while he was in prison she married Marlow.</p>
<p>The Common Serjeant thought it impossible to say under the cir
<lb/>cumstances that prisoner was deserving of punishment, and
<rs id="t19091012-16-punishment-16" type="punishmentDescription">
<interp inst="t19091012-16-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-16-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-16-19091012 t19091012-16-punishment-16"/>sentenced her to imprisonment for one day.</rs> </p> </div1>
<div1 type="trialAccount" id="t19091012-17">
<interp inst="t19091012-17" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-17" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-17-charge-1" targOrder="Y" targets="def1-17-19091012 t19091012-17-offence-1 t19091012-17-verdict-1"/>
<p>
<persName id="def1-17-19091012" type="defendantName">
<interp inst="def1-17-19091012" type="gender" value="male"/>
<interp inst="def1-17-19091012" type="age" value="31"/>
<interp inst="def1-17-19091012" type="surname" value="MORRIS"/>
<interp inst="def1-17-19091012" type="given" value="SAMUEL"/>
<interp inst="def1-17-19091012" type="occupation" value="upholsterer"/>
<hi rend="largeCaps">MORRIS</hi> Samuel (31, upholsterer)</persName>
<rs id="t19091012-17-offence-1" type="offenceDescription">
<interp inst="t19091012-17-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091012-17-offence-1" type="offenceSubcategory" value="fraud"/>, having been entrusted with 12s. 6d., the moneys of
<persName id="t19091012-name-51" type="victimName">
<interp inst="t19091012-name-51" type="gender" value="male"/>
<interp inst="t19091012-name-51" type="surname" value="ROE"/>
<interp inst="t19091012-name-51" type="given" value="ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-17-offence-1 t19091012-name-51"/>Arthur Roe</persName> in order that he might purchase certain materials to do certain work for the said
<persName id="t19091012-name-52" type="victimName">
<interp inst="t19091012-name-52" type="gender" value="male"/>
<interp inst="t19091012-name-52" type="surname" value="ROE"/>
<interp inst="t19091012-name-52" type="given" value="ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-17-offence-1 t19091012-name-52"/>Arthur Roe</persName>, fraudu
<lb/>lently converting the same to his own use and benefit.</rs> </p>
<p>Mr. Dummett prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-53" type="witnessName">
<interp inst="t19091012-name-53" type="gender" value="male"/>
<interp inst="t19091012-name-53" type="surname" value="ROE"/>
<interp inst="t19091012-name-53" type="given" value="ARTHUR"/>ARTHUR ROE</persName> </hi>, manager, "Sportsman" public house, City Road. My wife, Louisa Roe, is licensee of the house. I recognise prisoner, who came to my place twice, asking for the work of repairing settees.</p>
<xptr type="pageFacsimile" doc="190910120010"/>
<p>I gave him two little jobs, which he did very well. On August 4 he came again and asked for a job. We wanted a settee done inside our private room, and he went to get patterns at Dawson Brothers in the City Road. He got the patterns, came back to us, and said the price of the materials would be 12s. 6d. We offered him a cheque, which he said he would not take as he said he would not get the trade discount from Dawson's if he took a cheque, and eventually I gave him the money out of my own pocket. He took the money and never came back. I next saw him in "The Hole in the Wall" public house, Theobald's Road, mending a settee. I called a constable and charged him.</p>
<p>Prisoner denied that he was ever at the "Sportsman" in his life, but witness said he was sure he was the man.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-54" type="witnessName">
<interp inst="t19091012-name-54" type="gender" value="female"/>
<interp inst="t19091012-name-54" type="surname" value="ROE"/>
<interp inst="t19091012-name-54" type="given" value="LOUISA"/>LOUISA ROE</persName> </hi>, wife of last witness. I recognise prisoner, who came to our house in August last and my husband sent him into a room at the back of the bar. I had not myself seen him previously. When he came back and said the materials would be 12s. 6d. I rather objected to give him the money, but my husband said he had done work all right before. He objected to taking the cheque as he would lose his trade discount or something to that effect, so I tore up the cheque and my husband gave him the money. I have no doubt what
<lb/>ever that prisoner is the man.•</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-55" type="witnessName">
<interp inst="t19091012-name-55" type="gender" value="male"/>
<interp inst="t19091012-name-55" type="surname" value="ROBINSON"/>
<interp inst="t19091012-name-55" type="given" value="PERCY"/>PERCY ROBINSON</persName> </hi>, assistant of Messrs. Dawson Brothers, identified prisoner as having called for some tapestry patterns on August 4. At the station he picked prisoner out from nine others.</p>
<p>Police-constable
<hi rend="smallCaps">HARRY TOY</hi>, 352 E. I was called to "The Hole in the Wall" public house by prosecutor on September 28. He said he wished to give prisoner into custody for stealing 12s. from him. Prisoner said, When?" and prosecutor replied, "Between two and three months ago." Prisoner said, "It cannot have been me. It must have been one of my brothers." I took him to the station. He made no reply to the charge.</p>
<p>Verdict,
<rs id="t19091012-17-verdict-1" type="verdictDescription">
<interp inst="t19091012-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-17-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>. Three previous convictions were proved. Sentence,
<rs id="t19091012-17-punishment-17" type="punishmentDescription">
<interp inst="t19091012-17-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-17-punishment-17" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-19091012 t19091012-17-punishment-17"/>Six months' hard labour</rs>.</p> </div1>
<p>
<hi rend="smallCaps">BEFORE MR</hi>
<hi rend="largeCaps">JUSTICE PICKFORD</hi>.</p>
<p>(Wednesday, October 13.)</p>
<div1 type="trialAccount" id="t19091012-18">
<interp inst="t19091012-18" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-18" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-18-charge-1" targOrder="Y" targets="def1-18-19091012 t19091012-18-offence-1 t19091012-18-verdict-1"/>
<p>
<persName id="def1-18-19091012" type="defendantName">
<interp inst="def1-18-19091012" type="gender" value="male"/>
<interp inst="def1-18-19091012" type="age" value="42"/>
<interp inst="def1-18-19091012" type="surname" value="SMITH"/>
<interp inst="def1-18-19091012" type="given" value="THOMAS"/>
<interp inst="def1-18-19091012" type="occupation" value="labourer"/>
<hi rend="largeCaps">SMITH</hi> Thomas (42, labourer)</persName>
<rs id="t19091012-18-offence-1" type="offenceDescription">
<interp inst="t19091012-18-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19091012-18-offence-1" type="offenceSubcategory" value="rape"/>; carnally knowing
<persName id="t19091012-name-57" type="victimName">
<interp inst="t19091012-name-57" type="gender" value="female"/>
<interp inst="t19091012-name-57" type="surname" value="SMITH"/>
<interp inst="t19091012-name-57" type="given" value="NELLIE ELIZA"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-18-offence-1 t19091012-name-57"/>Nellie Eliza Smith</persName>, his daughter. (Tried in camera under the Punishment of Incest Act, 1908.)</rs> </p>
<p>Mr. Graham-Campbell prosecuted; Mr. J. D. Cassels defended.</p>
<p>Verdict,
<rs id="t19091012-18-verdict-1" type="verdictDescription">
<interp inst="t19091012-18-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091012-18-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
<xptr type="pageFacsimile" doc="190910120011"/>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Wednesday, October 13.)</p>
<div1 type="trialAccount" id="t19091012-19">
<interp inst="t19091012-19" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-19" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-19-charge-1" targOrder="Y" targets="def1-19-19091012 t19091012-19-offence-1 t19091012-19-verdict-1"/>
<join result="criminalCharge" id="t19091012-19-charge-2" targOrder="Y" targets="def1-19-19091012 t19091012-19-offence-2 t19091012-19-verdict-1"/>
<p>
<persName id="def1-19-19091012" type="defendantName">
<interp inst="def1-19-19091012" type="gender" value="male"/>
<interp inst="def1-19-19091012" type="age" value="19"/>
<interp inst="def1-19-19091012" type="surname" value="CARMODY"/>
<interp inst="def1-19-19091012" type="given" value="JOHN"/>
<interp inst="def1-19-19091012" type="occupation" value="clerk"/>
<hi rend="largeCaps">CARMODY</hi> John (19, clerk)</persName>
<rs id="t19091012-19-offence-1" type="offenceDescription">
<interp inst="t19091012-19-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091012-19-offence-1" type="offenceSubcategory" value="fraud"/>,
<hi rend="smallCaps">
<rs id="t19091012-19-verdict-1" type="verdictDescription">
<interp inst="t19091012-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-19-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of obtain
<lb/>ing by false pretences from
<persName id="t19091012-name-59" type="victimName">
<interp inst="t19091012-name-59" type="gender" value="male"/>
<interp inst="t19091012-name-59" type="surname" value="LOCKE"/>
<interp inst="t19091012-name-59" type="given" value="JOHN EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-19-offence-1 t19091012-name-59"/>John Edward Locke</persName> a postal order for £1; from
<persName id="t19091012-name-60" type="victimName">
<interp inst="t19091012-name-60" type="gender" value="male"/>
<interp inst="t19091012-name-60" type="surname" value="TITHERADGE"/>
<interp inst="t19091012-name-60" type="given" value="EDWARD HETRELL"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-19-offence-1 t19091012-name-60"/>Edward Hetrell Titheradge</persName> two several postal orders for £1 and £1 respectively, and from
<persName id="t19091012-name-61" type="victimName">
<interp inst="t19091012-name-61" type="gender" value="female"/>
<interp inst="t19091012-name-61" type="surname" value="KEARNEY"/>
<interp inst="t19091012-name-61" type="given" value="HONORIA"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-19-offence-1 t19091012-name-61"/>Honoria Kearney</persName> divers postal and Post Office orders to the value of £66, in each case with intent to defraud;</rs>
<rs id="t19091012-19-offence-2" type="offenceDescription">
<interp inst="t19091012-19-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19091012-19-offence-2" type="offenceSubcategory" value="fraud"/>obtaining by false pretences from
<persName id="t19091012-name-62" type="victimName">
<interp inst="t19091012-name-62" type="gender" value="male"/>
<interp inst="t19091012-name-62" type="surname" value="HANDLEY"/>
<interp inst="t19091012-name-62" type="given" value="PERCY JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-19-offence-2 t19091012-name-62"/>Percy John Handley</persName> and the
<persName id="t19091012-name-63" type="victimName">
<interp inst="t19091012-name-63" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-19-offence-2 t19091012-name-63"/>Irish Direct Supply, Limited</persName>, one overcoat, and from
<persName id="t19091012-name-64" type="victimName">
<interp inst="t19091012-name-64" type="gender" value="male"/>
<interp inst="t19091012-name-64" type="surname" value="FOGARTY"/>
<interp inst="t19091012-name-64" type="given" value="WILLIAM FRANCIS"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-19-offence-2 t19091012-name-64"/>William Francis Fogarty</persName> and the said
<persName id="t19091012-name-65" type="victimName">
<interp inst="t19091012-name-65" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-19-offence-2 t19091012-name-65"/>Irish Direct Supply, Limited</persName>, one dozen collars and other articles, in each case with intent to defraud; attempting to obtain by false pretences from
<persName id="t19091012-name-66" type="victimName">
<interp inst="t19091012-name-66" type="gender" value="male"/>
<interp inst="t19091012-name-66" type="surname" value="IVES"/>
<interp inst="t19091012-name-66" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-19-offence-2 t19091012-name-66"/>James Ives</persName> £14 10s., and from
<persName id="t19091012-name-67" type="victimName">
<interp inst="t19091012-name-67" type="gender" value="male"/>
<interp inst="t19091012-name-67" type="surname" value="TRIPP"/>
<interp inst="t19091012-name-67" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-19-offence-2 t19091012-name-67"/>Edward Tripp</persName> £7 10s., in each case with intent to defraud.</rs> </p>
<p>Sentence,
<rs id="t19091012-19-punishment-18" type="punishmentDescription">
<interp inst="t19091012-19-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-19-punishment-18" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-19-19091012 t19091012-19-punishment-18"/>Nine months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091012-20">
<interp inst="t19091012-20" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-20" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-20-charge-1" targOrder="Y" targets="def1-20-19091012 t19091012-20-offence-1 t19091012-20-verdict-1"/>
<p>
<persName id="def1-20-19091012" type="defendantName">
<interp inst="def1-20-19091012" type="gender" value="male"/>
<interp inst="def1-20-19091012" type="age" value="49"/>
<interp inst="def1-20-19091012" type="surname" value="STOCKALL"/>
<interp inst="def1-20-19091012" type="given" value="THOMAS JAMES"/>
<interp inst="def1-20-19091012" type="occupation" value="jeweller"/>
<hi rend="largeCaps">STOCKALL</hi> Thomas James (49, jeweller)</persName>
<rs id="t19091012-20-offence-1" type="offenceDescription">
<interp inst="t19091012-20-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091012-20-offence-1" type="offenceSubcategory" value="simpleLarceny"/>,
<hi rend="smallCaps">
<rs id="t19091012-20-verdict-1" type="verdictDescription">
<interp inst="t19091012-20-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-20-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of stealing about 852 watches, and other jewellery, the goods of
<persName id="t19091012-name-69" type="victimName">
<interp inst="t19091012-name-69" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-20-offence-1 t19091012-name-69"/>J. J, Stockall and Sons, Limited</persName>.</rs> </p>
<p>Mr. Boyd prosecuted; Mr. George Elliott, K. C., and Mr. Sworder appeared for the prisoner. Mr. Hugh Brodie appeared for Stockall, Marples and Co., Limited; Mr. Attenborough appeared for pawn
<lb/>brokers.</p>
<p>Prisoner, who was a partner in the firm of J. J. Stockall and Sons, Limited, on the morning of Monday, November 28, 1904, was found tied up in their warehouse and declared that a robbery had been committed by two men who had called to see him by appointment the previous Saturday afternoon. The property being insured against burglary, a claim was made by the firm for £3,122, which the under
<lb/>writers settled by a payment of £2,977. On September 3, 1909, pris
<lb/>oner confessed the fraud to his brother, who communicated the facts to the police, and prisoner was arrested on September 6. Prisoner had tied himself up and had abstracted and pawned 535 of the watches with various pawnbrokers.</p>
<p>Evidence was given that prisoner had led an exemplary life and it was stated by prisoner's doctor that he had suffered from neurotic attacks at the time of the commission of the crime. Prisoner was stated to have been moved by his own conscience to divulge the facts.</p>
<p>Sentence,
<rs id="t19091012-20-punishment-19" type="punishmentDescription">
<interp inst="t19091012-20-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-20-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-20-19091012 t19091012-20-punishment-19"/>Nine months' imprisonment</rs>, the second division.</p>
<p>Mr. Brodie applied for a restitution order on behalf of Stockall, Marples and Company, Limited.</p>
<p>Mr. Attenborough submitted that the prosecution being instituted by the Director of Public Prosecutions, Stockall, Marples and Company had no locus Stand; that the property being over £10 an order could not be made against the pawnbroker; under the articles of Association of Stockall, Marples and Company, Limited, prisoner had power to pledge. (Council referred to the Larceny Act sec 100; and the Prosecution of Offences Act, 1879, sec. 7.)</p>
<xptr type="pageFacsimile" doc="190910120012"/>
<p>The Recorder declined to make any order for restitution, leaving the parties to their civil rights.</p> </div1>
<div1 type="trialAccount" id="t19091012-21">
<interp inst="t19091012-21" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-21" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-21-charge-1" targOrder="Y" targets="def1-21-19091012 t19091012-21-offence-1 t19091012-21-verdict-1"/>
<join result="criminalCharge" id="t19091012-21-charge-2" targOrder="Y" targets="def1-21-19091012 t19091012-21-offence-2 t19091012-21-verdict-1"/>
<join result="criminalCharge" id="t19091012-21-charge-3" targOrder="Y" targets="def1-21-19091012 t19091012-21-offence-3 t19091012-21-verdict-2"/>
<p>
<persName id="def1-21-19091012" type="defendantName">
<interp inst="def1-21-19091012" type="gender" value="male"/>
<interp inst="def1-21-19091012" type="age" value="36"/>
<interp inst="def1-21-19091012" type="surname" value="FRANKLIN"/>
<interp inst="def1-21-19091012" type="given" value="FREDERICK"/>
<interp inst="def1-21-19091012" type="occupation" value="clerk"/>
<hi rend="largeCaps">FRANKLIN</hi> Frederick (36, clerk)</persName>
<rs id="t19091012-21-offence-1" type="offenceDescription">
<interp inst="t19091012-21-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091012-21-offence-1" type="offenceSubcategory" value="fraud"/>,
<hi rend="smallCaps">
<rs id="t19091012-21-verdict-1" type="verdictDescription">
<interp inst="t19091012-21-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-21-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of obtaining by false pretences from
<persName id="t19091012-name-71" type="victimName">
<interp inst="t19091012-name-71" type="gender" value="male"/>
<interp inst="t19091012-name-71" type="surname" value="GRIFFITHS"/>
<interp inst="t19091012-name-71" type="given" value="THOMAS HUGH"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-21-offence-1 t19091012-name-71"/>Thomas Hugh Griffiths</persName> £20, the moneys of the
<persName id="t19091012-name-72" type="victimName">
<interp inst="t19091012-name-72" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-21-offence-1 t19091012-name-72"/>London and South-Western Bank</persName>;</rs>
<rs id="t19091012-21-offence-2" type="offenceDescription">
<interp inst="t19091012-21-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19091012-21-offence-2" type="offenceSubcategory" value="forgery"/>feloniously forging and utter
<lb/>ing, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £20; and feloniously attempt
<lb/>ing to obtain £20 by means of a forged instrument, to wit, a banker's cheque, knowing the same to be forged, in each case with intent to defraud</rs>; and confessed to having been convicted of felony at this court on May 13, 1901.</p>
<p>
<rs id="t19091012-21-offence-3" type="offenceDescription">
<interp inst="t19091012-21-offence-3" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19091012-21-offence-3" type="offenceSubcategory" value="habitualCriminal"/>Prisoner was also indicted, under the Prevention of Crime Act, 1908, as an habitual criminal;</rs> to this indictment he pleaded not guilty.</p>
<p>Mr. Travers Humphreys prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-73" type="witnessName">
<interp inst="t19091012-name-73" type="gender" value="male"/>
<interp inst="t19091012-name-73" type="surname" value="COHEN"/>
<interp inst="t19091012-name-73" type="given" value="ARTHUR SEFTON"/>ARTHUR SEFTON COHEN</persName> </hi>, of the department of the Director of Public Prosecutions. I produce consent to this indictment signed by Guy Stephenson, Assistant Director of Public Prosecutions. I am familiar with Mr. Stephenson's handwriting and identify his signature; he is duly authorised by the Act to give consent.</p>
<p>Seven days' notice had been served upon prisoner (under Section 10, sub-sec. 4 (b), but no copy has been retained.</p>
<p>The Recorder remarked that the procedure under this new statute must be strictly observed; proper proof of service of the notice not being forthcoming,
<rs id="t19091012-21-verdict-2" type="verdictDescription">
<interp inst="t19091012-21-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091012-21-verdict-2" type="verdictSubcategory" value=""/>he directed the Jury to return a verdict of Not guilty on this indictment.</rs> </p>
<p>Convictions proved: September 9, 1895, at this Court, 12 months' hard labour for forgery; October 23, 1897, Middlesex Sessions, West
<lb/>minster, 15 months for larceny; May 13, 1901, at this Court, seven years' penal servitude for forgery. Prisoner was liberated on Octo
<lb/>ber 2, 1906, and had since been in employment for six months, had not been since convicted, and stated that he had been trying to get An honest living.</p>
<p>The Recorder said the present case, in which the prisoner had been three years out of prison, was not one contemplated by the new Act. Sentence,
<rs id="t19091012-21-punishment-20" type="punishmentDescription">
<interp inst="t19091012-21-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-21-punishment-20" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-21-19091012 t19091012-21-punishment-20"/>12 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091012-22">
<interp inst="t19091012-22" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-22" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-22-charge-1" targOrder="Y" targets="def1-22-19091012 t19091012-22-offence-1 t19091012-22-verdict-3"/>
<join result="criminalCharge" id="t19091012-22-charge-2" targOrder="Y" targets="def2-22-19091012 t19091012-22-offence-1 t19091012-22-verdict-3"/>
<join result="criminalCharge" id="t19091012-22-charge-3" targOrder="Y" targets="def3-22-19091012 t19091012-22-offence-1 t19091012-22-verdict-4"/>
<join result="criminalCharge" id="t19091012-22-charge-4" targOrder="Y" targets="def4-22-19091012 t19091012-22-offence-1 t19091012-22-verdict-4"/>
<join result="criminalCharge" id="t19091012-22-charge-5" targOrder="Y" targets="def1-22-19091012 t19091012-22-offence-2 t19091012-22-verdict-1"/>
<join result="criminalCharge" id="t19091012-22-charge-6" targOrder="Y" targets="def2-22-19091012 t19091012-22-offence-2 t19091012-22-verdict-2"/>
<join result="criminalCharge" id="t19091012-22-charge-7" targOrder="Y" targets="def3-22-19091012 t19091012-22-offence-2 t19091012-22-verdict-4"/>
<join result="criminalCharge" id="t19091012-22-charge-8" targOrder="Y" targets="def4-22-19091012 t19091012-22-offence-2 t19091012-22-verdict-4"/>
<p>
<persName id="def1-22-19091012" type="defendantName">
<interp inst="def1-22-19091012" type="gender" value="male"/>
<interp inst="def1-22-19091012" type="age" value="20"/>
<interp inst="def1-22-19091012" type="surname" value="LARA"/>
<interp inst="def1-22-19091012" type="given" value="HERBERT"/>
<interp inst="def1-22-19091012" type="occupation" value="labourer"/>
<hi rend="largeCaps">LARA</hi> Herbert (20, labourer)</persName>,
<persName id="def2-22-19091012" type="defendantName">
<interp inst="def2-22-19091012" type="gender" value="male"/>
<interp inst="def2-22-19091012" type="age" value="41"/>
<interp inst="def2-22-19091012" type="surname" value="THORPE"/>
<interp inst="def2-22-19091012" type="given" value="JOSEPH"/>
<interp inst="def2-22-19091012" type="occupation" value="labourer"/>
<hi rend="largeCaps">THORPE</hi> Joseph (41, labourer)</persName>,
<persName id="def3-22-19091012" type="defendantName">
<interp inst="def3-22-19091012" type="gender" value="male"/>
<interp inst="def3-22-19091012" type="age" value="32"/>
<interp inst="def3-22-19091012" type="surname" value="CRISPIN"/>
<interp inst="def3-22-19091012" type="given" value="WILLIAM"/>
<interp inst="def3-22-19091012" type="occupation" value="labourer"/>
<hi rend="largeCaps">CRISPIN</hi> William (32, labourer)</persName>, and
<persName id="def4-22-19091012" type="defendantName">
<interp inst="def4-22-19091012" type="gender" value="male"/>
<interp inst="def4-22-19091012" type="age" value="40"/>
<interp inst="def4-22-19091012" type="surname" value="STONE"/>
<interp inst="def4-22-19091012" type="given" value="LEONARD"/>
<interp inst="def4-22-19091012" type="occupation" value="dealer"/>
<hi rend="largeCaps">STONE</hi> Leonard (40, dealer)</persName>
<rs id="t19091012-22-offence-1" type="offenceDescription">
<interp inst="t19091012-22-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091012-22-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>; all, on September 20, 1909, stealing one hand trolley,</rs>
<rs id="t19091012-22-offence-2" type="offenceDescription">
<interp inst="t19091012-22-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19091012-22-offence-2" type="offenceSubcategory" value="stealingFromMaster"/>one barrel and three-quarters of a hunderweight in weight of solder, the goods of
<persName id="t19091012-name-78" type="victimName">
<interp inst="t19091012-name-78" type="gender" value="male"/>
<interp inst="t19091012-name-78" type="surname" value="JACOB"/>
<interp inst="t19091012-name-78" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-22-offence-2 t19091012-name-78"/>Henry Jacob</persName>, the master of Herbert Lara.</rs> </p>
<p>Mr. Ellis prosecuted; Mr. A. Mulligan appeared for Lara.</p>
<p>
<rs id="t19091012-22-verdict-1" type="verdictDescription">
<interp inst="t19091012-22-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-22-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>Lara pleaded guilty of stealing 1 cwt. of solder</rs>; not guilty of steal
<lb/>ing the trolley or barrel. The four prisoners were tried on the whole indictment.</p>
<p>Police-constable
<hi rend="smallCaps">WILLIAM WHITE</hi>, 764 City. On September 20, 1909, at about 4.30 p.m., I was on duty in uniform in Lower Thames Street, when I saw Crispin and Thorpe at the corner of Water Lane, Stone being on the other side of the road at the north-east corner of</p>
<xptr type="pageFacsimile" doc="190910120013"/>
<p>the Custom House. Thinking they were acting suspiciously I kept observation from behind a van. I heard Crispin say to Thorpe, "You get the stuff and I will take it away." I then saw that Stone was watching my movements, walked on to the Wool Quay, returned to Water Lane and saw Thorpe and Crispin dragging a barrel up from the basement of No. 9, Water Lane, Lara assisting from behind. They put the barrel on a hand trolley and Crispin and Thorpe pushed it down Lower Thames Street to the bottom of Tower Hill, when they were joined by Stone, and all three pushed the trolley up Tower Hill. I, went in front of them and seized Crispin and Stone. Crispin said, "All right; we're copped." Stone broke away and ran off with Thorpe. I whistled for assistance and Police-Constable Eddington caught Thorpe. Another constable caught Stone; the three were taken to the Minories Police Station and placed in the dock. I brought the barrel containing the metal to the station and returned to 9, Water Lane, occupied by Henry Jacob, metal dealer, where I saw Lara. I said to him, "Have you sent any metal away?" He replied, "No, only an old barrel." I asked to see his employer; he took me into the office, where I saw Mr. Jacob, who, with Lara, came to the station. Jacob identified the metal as his property and charged the four prisoners with stealing it; they made no reply.</p>
<p>Cross-examined by Mr. Mulligan. Lara followed the barrel on to the pavement and returned to the basement; he did not load it on to the trolley. Lara was searched and 1/2 d. found upon him. To Thorpe. I had never seen Stone in Thorpe's company before. The prisoners were acting very suspiciously. I did not hear what Thorpe said to Lara. Crispin and Thorpe put the barrel on the trolley. I did not ask Thorpe what he had in the barrel. He had an opportunity of giving an explanation when charged.</p>
<p>To Stone. I did not hear Stone talking to Thorpe or Crispin. Stone followed me up Thames Street.</p>
<p>Detective-sergeant
<hi rend="smallCaps">JAKES BROWN</hi>, City. On September 20, at 5.20 p.m., I was in charge at Minories Police Station when prosecutor and Lara came there. I said to prosecutor, "Is that your barrow and barrel?" He turned to Lara and said, "Is that ours?" Lara said, "That is our barrow and barrel. I gave the metal to the men to sell. I had no money. They were going to sell it and I was going to see them again the next morning at the Minories." The four prisoners were then charged by myself and White; they made no reply. In the cell passage I asked Lara if he would give me any names and addresses I could make inquiry of. He said, "What do you mean?" hesitated, and said, "Do you mean the other stuff?" I told him he could have a paper and pencil if he wished to make a statement. He had the paper, started making a statement, and then tore it up.</p>
<p>To the Jury. The charge which is on the charge sheet was read over to them: "Being concerned together in stealing and receiving the barrel of metal." They were given an opportunity of making a statement and could have replied to it.</p>
<xptr type="pageFacsimile" doc="190910120014"/>
<p>Cross-examined by Mr. Mulligan. I have made inquiry into Lara's character—it is very good. He has been with Mr. Jacob for seven years as warehouse porter and packer, is honest, sober, and indus
<lb/>trious. A halfpenny only was found on Lara. About six shillings was found on Thorpe.</p>
<p>To Thorpe. I saw Thorpe brought in. He did not ask to make a statement. He was doing all the speaking and swearing as well—we could not get a word from the others.</p>
<p>To Crispin. I have made inquiries respecting Crispin; he has been employed on and off at Custom House Quay as a labourer and odd man. He has a good character for honesty, but is given to intem
<lb/>perance.</p>
<p>To Stone. I did not-question Lara at all.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-79" type="witnessName">
<interp inst="t19091012-name-79" type="gender" value="male"/>
<interp inst="t19091012-name-79" type="surname" value="JACOB"/>
<interp inst="t19091012-name-79" type="given" value="HARRY"/>HARRY JACOB</persName> </hi>, 9, Water Lane, metal merchant. On September 20 I identified at the station, trolley, barrel, and metal as my property. I had given no authority to Lara to dispose of it. Lara has been several years in my service.</p>
<p>Cross-examined by Mr. Mulligan. On the morning of September 20 Lara asked for his week's wages—16s.—to be paid in advance and I gave instructions for him to have it—it would not be due until the following Friday. He said his father wanted it. Lara has been seven years with me and bears a good character. I do not wish to press the charge against him.</p>
<p>To Thorpe. I did not see Lara give Thorpe 16s. I gave orders for him to be paid before lunch.</p>
<p>Statement of Lara before the magistrate: "I wish to say nothing here."</p>
<p>Statement of Thorpe: "I never stole the stuff. I had it given to me and these two men, Crispin and Stone, were helping me with it. "Statement of Crispin: "I was standing at the bottom of Thames Street and this man, Thorpe, asked me to give him a lift up, in Lara's presence, with a barrel, but I could not tell what it contained. When we got it in the road he asked me would I take it up the hill and he would give me a drink for it. On the way going up the hill we met Stone, and Thorpe asked Stone to give us a shove up as well, and when we got to Tower Hill this constable took me out of the handles of the truck."</p>
<p>Statement of Stone written in Brixton Prison: "I beg to state that I am not guilty of the charge brought against me; neither have I received nor had anything to do with the stolen property whatsoever. On Monday, 20th, I was in Bethnal Green Road at 4.10 p.m., went on a 'bus to Liverpool Street, walked to the Monument, went through Thames Street, crossed over the road towards the Tower end and up the Hill, where I saw Thorpe and Crispin pulling a truck with a barrel on it. They were arguing about shoving up, and Thorpe asked me to give them a shove up the hill. I no sooner touched the barrel to shove up than I was in the hands of the police. That was the first I had seen of these men during the day, and one I had never seen until he came to the</p>
<xptr type="pageFacsimile" doc="190910120015"/>
<p>station with his governor. The other men know that I am innocent and what I have said is perfectly true, and I hope you will believe it."</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-80" type="witnessName">
<interp inst="t19091012-name-80" type="gender" value="male"/>
<interp inst="t19091012-name-80" type="surname" value="LARA"/>
<interp inst="t19091012-name-80" type="given" value="HERBERT"/>HERBERT LARA</persName> </hi> (prisoner, on oath). I live with my father, who is an artist, at 2, Sunnyside Road, Edmonton, am 21 years of age, and have been employed by prosecutor for seven years as assistant packer at 16s. a week. About six months ago my father gave me some old metal tubes to sell. I had some conversation with the man I sold them to, and, in consequence, added some of my employer's metal, sold it with the tubes from 9, Water Lane, and kept the money I re
<lb/>ceived. On September 20, at 2.30 p.m., Thorpe, whom I did not know, called to me down the trapdoor and asked me if I had got any old stuff. I said, "No." He then asked me to come up from the basement, which I did, and he said he knew something about the other metal I had sold and said, "Unless you square me I shall tell your governor. "I said I could not do anything as I had nothing. He said, "You must." I went upstairs to my employer, asked to have my week's wages advanced to me, saying that I wanted to give it to my father, and gave it to Thorpe, who went away. Shortly afterwards he returned and said that was not enough—he must have some more. I said I could not give him any more as I had not got any. He said, "There is plenty of stuff. Cannot you give us some
<lb/>thing to raise some money on?" I said I could not and told him to go away. As he still threatened to tell my governor about the metal, I told him to come back in about half an hour's time and I would see if I could give him something. A little before 4.30 p.m. he returned. I put the metal in a barrel, lent him a trolley and he took it away. He was to bring back the trolley and the barrel. When searched at the station I had only 1/2 d. upon me—I had given Thorpe the 16s.—my wages.</p>
<p>Cross-examined by Thorpe. Thorpe asked if I had any old stuff. I said, "No." He then called me up, said he know something about me and would tell my governor. I got my wages and gave him the 16s. and he went away. That was about 3.15 p.m. I had never seen him before. He returned and asked me for some more money. I told him I had none and that if he would come back in half an hour I would give him some stuff; he returned and I gave him 3l. 4 cwt. of solder. He asked me to lend him the trolley—I did not offer it. I told the first constable I had given him nothing.</p>
<p>Cross-examined by Crispin. Thorpe called Crispin from the corner of Water Lane and asked him to help up the stairs with the barrel. Thorpe then said, "Will you give me a shove up the hill and I will give you a drink?" I never saw Stone until he was at the station in custody.</p>
<p>Mr. Mulligan submitted that there was no evidence against Lara. The Recorder said there was sufficient to go to the Jury.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-81" type="witnessName">
<interp inst="t19091012-name-81" type="gender" value="male"/>
<interp inst="t19091012-name-81" type="surname" value="THORPE"/>
<interp inst="t19091012-name-81" type="given" value="JOSEPH"/>JOSEPH THORPE</persName> </hi> (prisoner, not on oath). I live at 10, Old Gravel Lane, London Dock, and am a dock labourer. Work being slack</p>
<xptr type="pageFacsimile" doc="190910120016"/>
<p>have been out of employment the last four months. On September 20 I was going through Thames Street. I saw Lara and halloed to him. in the cellar, "Have you got any old iron you do not want?" He said, "Yes, come back in about half-an-hour's time and I will look you up some." I had no barrow, and went round Thames Street and Billingsgate Market to see if I could borrow one, but could not do so; returned to 9, Water Lane and called down to Lara, "I cannot take that stuff to-day, I have got no barrow." He said, "How far are you going to take it?" I said, "How much have you got?" He said, "A decent bit." I said, "I will take it to the nearest place—Mint Street. "He then offered me his trolley. I called to Crispin, and he helped me up with it. Of course, Lara asked me nothing for the old iron, or I should have turned it out and bid him a price for it. He did not ask anything for it. If he had asked anything much I should have chucked it down the cellar. Solder in a raw state is im
<lb/>possible for a man like me to get rid of. I was going to take it to a man in Mint Street who would have given me a shilling or two for it, I thought it was old iron only, and nothing else—only what I asked for. When we got to the station the constable goes to this place and he sees the prisoner there, and he asks him if any stuff has gone out. The very first thing he turns round and says, "No, nothing has gone, only an empty barrel"; then he fetches the governor into the station. This prisoner did not say he gave it away. I asked if I could speak, but they could not let me. We were all put in the dock and charged and put in the cells. While we were in the cells the constable comes down there to inquire into it. He (Lara) turned round and said that I bought the stuff, and that I was to meet him somewhere. In the other evidence he told the constable he did not give anything away. Now he says he gave me the stuff for myself—that is what he says now at the last after coming up this morning. We had to come up to the Mansion House. Of course, the charge is all joined together; but the police did not want to give any evidence against us and said, "We want a remand." We go away for a remand, and next week up comes the prisoner and says he gave me 16s. I ask you if you think that a man would be likely to come up and ask him for money like that. I never saw the man before in my life, and he is going to give me 16s. and to give me the stuff. That is his statement to clear him self, and he puts it on the likes of me. I am perfectly innocent. If he said he had no stuff to give away, I should have gone away.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-82" type="witnessName">
<interp inst="t19091012-name-82" type="gender" value="male"/>
<interp inst="t19091012-name-82" type="surname" value="CRISPIN"/>
<interp inst="t19091012-name-82" type="given" value="WILLIAM"/>WILLIAM CRISPIN</persName> </hi> (prisoner, not on oath). I was standing at the corner of Thames Street. Between four and five o'clock I was stand
<lb/>ing outside the beer shop and Stone came and asked me if I would come and give him a lift up. I helped him up with this barrel, and put it on the pavement and walked away. When I got a little way off he called me back and. asked me would I give a shove up to the top and he would give me a drink. I am as innocent of the charge as any man in this Court.</p>
<p>Verdict:
<rs id="t19091012-22-verdict-2" type="verdictDescription">
<interp inst="t19091012-22-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-22-verdict-2" type="verdictSubcategory" value="no_subcategory"/>Thorpe Guilty of stealing 3l. 4 cwt. of solder</rs>;
<rs id="t19091012-22-verdict-3" type="verdictDescription">
<interp inst="t19091012-22-verdict-3" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091012-22-verdict-3" type="verdictSubcategory" value=""/>Lara and Thorpe Not guilty of stealing the trolley</rs>;
<rs id="t19091012-22-verdict-4" type="verdictDescription">
<interp inst="t19091012-22-verdict-4" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091012-22-verdict-4" type="verdictSubcategory" value=""/>Crispin and Stone Not guilty.</rs> </p>
<xptr type="pageFacsimile" doc="190910120017"/>
<p>Thorpe confessed to having been convicted at Clerkenwell on April 2, 1901, receiving 15 months' hard labour for larceny and re
<lb/>ceiving. Other convictions proved: August 16, 1902,. North London Sessions, 18 months for wounding; January 23, 1906, North London Sessions, warehouse breaking, 12 months; 1906, released on recogni
<lb/>sances for wounding.</p>
<p>Sentence, Thorpe
<rs id="t19091012-22-punishment-21" type="punishmentDescription">
<interp inst="t19091012-22-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-22-punishment-21" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-22-19091012 t19091012-22-punishment-21"/>18 months' hard labour</rs>;
<rs id="t19091012-22-punishment-22" type="punishmentDescription">
<interp inst="t19091012-22-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-22-punishment-22" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-22-19091012 t19091012-22-punishment-22"/>Lara six months' hard labour.</rs> </p> </div1>
<p>
<hi rend="smallCaps">BEFORE THE</hi>
<hi rend="largeCaps">COMMON SERJEANT</hi>. (Wednesday, October 13.)</p>
<div1 type="trialAccount" id="t19091012-23">
<interp inst="t19091012-23" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-23" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-23-charge-1" targOrder="Y" targets="def1-23-19091012 t19091012-23-offence-1 t19091012-23-verdict-1"/>
<join result="criminalCharge" id="t19091012-23-charge-2" targOrder="Y" targets="def2-23-19091012 t19091012-23-offence-1 t19091012-23-verdict-1"/>
<p>
<persName id="def1-23-19091012" type="defendantName">
<interp inst="def1-23-19091012" type="gender" value="male"/>
<interp inst="def1-23-19091012" type="age" value="24"/>
<interp inst="def1-23-19091012" type="surname" value="CHANDLER"/>
<interp inst="def1-23-19091012" type="given" value="EDWARD FREDERICK"/>
<interp inst="def1-23-19091012" type="occupation" value="porter"/>
<hi rend="largeCaps">CHANDLER</hi> Edward Frederick (24, porter)</persName>, and
<persName id="def2-23-19091012" type="defendantName">
<interp inst="def2-23-19091012" type="gender" value="male"/>
<interp inst="def2-23-19091012" type="age" value="15"/>
<interp inst="def2-23-19091012" type="surname" value="LAWRENCE"/>
<interp inst="def2-23-19091012" type="given" value="CHARLES OLIVER"/>
<interp inst="def2-23-19091012" type="occupation" value="railway messenger"/>
<hi rend="largeCaps">LAWRENCE</hi> Charles Oliver (15, railway messenger)</persName>
<rs id="t19091012-23-offence-1" type="offenceDescription">
<interp inst="t19091012-23-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19091012-23-offence-1" type="offenceSubcategory" value="sodomy"/>; Chandler committing an act of gross indecency with
<persName id="t19091012-name-85">
<interp inst="t19091012-name-85" type="gender" value="male"/>
<interp inst="t19091012-name-85" type="surname" value="LAWRENCE"/>
<interp inst="t19091012-name-85" type="given" value="CHARLES OLIVER"/>Charles Oliver Lawrence</persName>, a male person; Lawrence committing an act of gross indecency with
<persName id="t19091012-name-86">
<interp inst="t19091012-name-86" type="gender" value="male"/>
<interp inst="t19091012-name-86" type="surname" value="CHANDLER"/>
<interp inst="t19091012-name-86" type="given" value="EDWARD FREDERICK"/>Edward Frede
<lb/>rick Chandler</persName>, a male person.</rs> </p>
<p>Verdict,
<rs id="t19091012-23-verdict-1" type="verdictDescription">
<interp inst="t19091012-23-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091012-23-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091012-24">
<interp inst="t19091012-24" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-24" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-24-charge-1" targOrder="Y" targets="def1-24-19091012 t19091012-24-offence-1 t19091012-24-verdict-1"/>
<p>
<persName id="def1-24-19091012" type="defendantName">
<interp inst="def1-24-19091012" type="gender" value="female"/>
<interp inst="def1-24-19091012" type="age" value="24"/>
<interp inst="def1-24-19091012" type="surname" value="BARKER"/>
<interp inst="def1-24-19091012" type="given" value="CLARA"/>
<interp inst="def1-24-19091012" type="occupation" value="shop woman"/>
<hi rend="largeCaps">BARKER</hi> Clara (24, shop woman)</persName>
<rs id="t19091012-24-offence-1" type="offenceDescription">
<interp inst="t19091012-24-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19091012-24-offence-1" type="offenceSubcategory" value="bigamy"/>,
<hi rend="smallCaps">
<rs id="t19091012-24-verdict-1" type="verdictDescription">
<interp inst="t19091012-24-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-24-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of feloniously marrying
<persName id="t19091012-name-88" type="victimName">
<interp inst="t19091012-name-88" type="gender" value="male"/>
<interp inst="t19091012-name-88" type="surname" value="HUNTINGDON"/>
<interp inst="t19091012-name-88" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-24-offence-1 t19091012-name-88"/>James Huntingdon</persName>, her husband,
<persName id="t19091012-name-89" type="victimName">
<interp inst="t19091012-name-89" type="gender" value="male"/>
<interp inst="t19091012-name-89" type="surname" value="BARKER"/>
<interp inst="t19091012-name-89" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-24-offence-1 t19091012-name-89"/>George Barker</persName>, being alive.</rs> </p>
<p>Mr. Huntly Jenkins, prosecuting, said the real marriage took place in 1903 and the second in March, 1906. Prisoner had been badly treated by both men. Her husband deserted her, and Huntingdon kicked her on the day of the ceremony because she kissed a man named Elliott, who was best man.</p>
<p>
<rs id="t19091012-24-punishment-23" type="punishmentDescription">
<interp inst="t19091012-24-punishment-23" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19091012-24-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-24-19091012 t19091012-24-punishment-23"/>Prisoner was handed over to the care of Mr. Scott-France, the court missionary, he having undertaken to find a home for her with Miss Salter.</rs> </p> </div1>
<div1 type="trialAccount" id="t19091012-25">
<interp inst="t19091012-25" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-25" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-25-charge-1" targOrder="Y" targets="def1-25-19091012 t19091012-25-offence-1 t19091012-25-verdict-1"/>
<join result="criminalCharge" id="t19091012-25-charge-2" targOrder="Y" targets="def2-25-19091012 t19091012-25-offence-1 t19091012-25-verdict-1"/>
<p>
<persName id="def1-25-19091012" type="defendantName">
<interp inst="def1-25-19091012" type="gender" value="male"/>
<interp inst="def1-25-19091012" type="age" value="22"/>
<interp inst="def1-25-19091012" type="surname" value="KREBES"/>
<interp inst="def1-25-19091012" type="given" value="OTTO"/>
<interp inst="def1-25-19091012" type="occupation" value="waiter"/>
<hi rend="largeCaps">KREBES</hi> Otto (22, waiter)</persName>, and
<persName id="def2-25-19091012" type="defendantName">
<interp inst="def2-25-19091012" type="gender" value="male"/>
<interp inst="def2-25-19091012" type="age" value="21"/>
<interp inst="def2-25-19091012" type="surname" value="EGERT"/>
<interp inst="def2-25-19091012" type="given" value="ERNEST"/>
<interp inst="def2-25-19091012" type="occupation" value="waiter"/>
<hi rend="largeCaps">EGERT</hi> Ernest (21, waiter)</persName>
<rs id="t19091012-25-offence-1" type="offenceDescription">
<interp inst="t19091012-25-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091012-25-offence-1" type="offenceSubcategory" value="burglary"/>, both
<hi rend="smallCaps">
<rs id="t19091012-25-verdict-1" type="verdictDescription">
<interp inst="t19091012-25-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-25-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of burglary in the dwelling-house of
<persName id="t19091012-name-92" type="victimName">
<interp inst="t19091012-name-92" type="gender" value="female"/>
<interp inst="t19091012-name-92" type="surname" value="BOWEN"/>
<interp inst="t19091012-name-92" type="given" value="EMILY"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-25-offence-1 t19091012-name-92"/>Emily Bowen</persName>, in
<placeName id="t19091012-geo-3">
<join result="offencePlace" targOrder="Y" targets="t19091012-25-offence-1 t19091012-geo-3"/>Woburn Place</placeName>, and stealing therein some coats, a quantity of linen and other articles, her goods; </rs>Egert confessed to a previous convic
<lb/>tion.</p>
<p>Sentences:
<rs id="t19091012-25-punishment-24" type="punishmentDescription">
<interp inst="t19091012-25-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-25-punishment-24" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-25-19091012 t19091012-25-punishment-24"/>Krebes, 12 months' hard labour</rs>;
<rs id="t19091012-25-punishment-25" type="punishmentDescription">
<interp inst="t19091012-25-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-25-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-25-19091012 t19091012-25-punishment-25"/>Egert, 15 months'</rs>; both recommended for expulsion.</p> </div1>
<div1 type="trialAccount" id="t19091012-26">
<interp inst="t19091012-26" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-26" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-26-charge-1" targOrder="Y" targets="def1-26-19091012 t19091012-26-offence-1 t19091012-26-verdict-1"/>
<join result="criminalCharge" id="t19091012-26-charge-2" targOrder="Y" targets="def2-26-19091012 t19091012-26-offence-1 t19091012-26-verdict-2"/>
<join result="criminalCharge" id="t19091012-26-charge-3" targOrder="Y" targets="def1-26-19091012 t19091012-26-offence-2 t19091012-26-verdict-1"/>
<join result="criminalCharge" id="t19091012-26-charge-4" targOrder="Y" targets="def2-26-19091012 t19091012-26-offence-2 t19091012-26-verdict-4"/>
<join result="criminalCharge" id="t19091012-26-charge-5" targOrder="Y" targets="def1-26-19091012 t19091012-26-offence-3 t19091012-26-verdict-1"/>
<join result="criminalCharge" id="t19091012-26-charge-6" targOrder="Y" targets="def2-26-19091012 t19091012-26-offence-4 t19091012-26-verdict-3"/>
<p>
<persName id="def1-26-19091012" type="defendantName">
<interp inst="def1-26-19091012" type="gender" value="male"/>
<interp inst="def1-26-19091012" type="age" value="33"/>
<interp inst="def1-26-19091012" type="surname" value="KEMBLE"/>
<interp inst="def1-26-19091012" type="given" value="JAMES"/>
<interp inst="def1-26-19091012" type="occupation" value="clerk"/>
<hi rend="largeCaps">KEMBLE</hi> James (33, clerk)</persName>, and
<persName id="def2-26-19091012" type="defendantName">
<interp inst="def2-26-19091012" type="gender" value="male"/>
<interp inst="def2-26-19091012" type="age" value="23"/>
<interp inst="def2-26-19091012" type="surname" value="BAXTER"/>
<interp inst="def2-26-19091012" type="given" value="JAMES"/>
<interp inst="def2-26-19091012" type="occupation" value="ostler"/>
<hi rend="largeCaps">BAXTER</hi> James (23, ostler)</persName>
<rs id="t19091012-26-offence-1" type="offenceDescription">
<interp inst="t19091012-26-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091012-26-offence-1" type="offenceSubcategory" value="burglary"/>; both burglary in the dwelling-house of
<persName id="t19091012-name-95" type="victimName">
<interp inst="t19091012-name-95" type="gender" value="male"/>
<interp inst="t19091012-name-95" type="surname" value="BROOKS"/>
<interp inst="t19091012-name-95" type="given" value="DAVID JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-26-offence-1 t19091012-name-95"/>David James Brooks</persName> and steal
<lb/>ing therein one coffee pot and other articles, his goods;</rs>
<rs id="t19091012-26-offence-2" type="offenceDescription">
<interp inst="t19091012-26-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19091012-26-offence-2" type="offenceSubcategory" value="burglary"/>both burglary in the dwelling-house of Sir
<persName id="t19091012-name-96" type="victimName">
<interp inst="t19091012-name-96" type="gender" value="male"/>
<interp inst="t19091012-name-96" type="surname" value="MAXIM"/>
<interp inst="t19091012-name-96" type="given" value="HIRAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-26-offence-2 t19091012-name-96"/>Hiram Maxim</persName> and stealing therein one string of beads and other articles, his goods;</rs>
<rs id="t19091012-26-offence-3" type="offenceDescription">
<interp inst="t19091012-26-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t19091012-26-offence-3" type="offenceSubcategory" value="simpleLarceny"/> Kemble stealing one pair of boots, the goods of
<persName id="t19091012-name-97" type="victimName">
<interp inst="t19091012-name-97" type="gender" value="male"/>
<interp inst="t19091012-name-97" type="surname" value="FORRESTER"/>
<interp inst="t19091012-name-97" type="given" value="JOHN WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-26-offence-3 t19091012-name-97"/>John William Forrester</persName>;</rs>
<rs id="t19091012-26-offence-4" type="offenceDescription">
<interp inst="t19091012-26-offence-4" type="offenceCategory" value="theft"/>
<interp inst="t19091012-26-offence-4" type="offenceSubcategory" value="simpleLarceny"/>Baxter stealing one fountain pen, the goods of
<persName id="t19091012-name-98" type="victimName">
<interp inst="t19091012-name-98" type="gender" value="male"/>
<interp inst="t19091012-name-98" type="surname" value="FORRESTER"/>
<interp inst="t19091012-name-98" type="given" value="JOHN WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-26-offence-4 t19091012-name-98"/>John William Forrester</persName>.</rs> </p>
<p>Kemble
<hi rend="smallCaps">
<rs id="t19091012-26-verdict-1" type="verdictDescription">
<interp inst="t19091012-26-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-26-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> to all the charges.</p>
<p>Mr. Horace Samuel and Mr. Hibberd prosecuted.</p>
<xptr type="pageFacsimile" doc="190910120018"/>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-99" type="witnessName">
<interp inst="t19091012-name-99" type="gender" value="male"/>
<interp inst="t19091012-name-99" type="surname" value="BROOKS"/>
<interp inst="t19091012-name-99" type="given" value="DAVID JAMES"/>DAVID JAMES BROOKS</persName> </hi>, 104, King's Avenue, Clapham Park. On Sunday, September 12, I went to bed at half-past 10. My son came in about 10 minutes to 11, and I heard the doors fastened up. I was called at 6.40 in the morning and came downstairs. When I went into the dining-room I found all the silver gone and the plated articles strewn all over the floor. None of the silver articles have been re
<lb/>covered, but I identify a coat, umbrella, and pair of gloves, which were in the hall when I went to bed and were gone next morning. The coat and other things were brought to me on Tuesday morning by the police. The value of the property stolen was just over £50. Nobody in the house smokes cigarettes. (Cigarette ends were found in the dining-room.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-100" type="witnessName">
<interp inst="t19091012-name-100" type="gender" value="female"/>
<interp inst="t19091012-name-100" type="surname" value="STOCKER"/>
<interp inst="t19091012-name-100" type="given" value="ELLEN"/>ELLEN STOCKER</persName> </hi>, Mr. Brooks's parlourmaid. One evening in the beginning of September I saw the two prisoners walking slowly by the gate of the carriage drive, as if they were waiting for someone. In the following week I saw them coming towards the gate about 20 yards from the house. On the morning of September 13 when I came down I found everything in confusion and the windows were wide open. I recognise the umbrella as Mr. Bernard Brooks's. On the night of September 12 it was inside the hall by the glass window. The pocket
<lb/>handkerchief produced is mine. I left it in the dresser drawer in the kitchen. The police brought it to the house.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-101" type="witnessName">
<interp inst="t19091012-name-101" type="gender" value="male"/>
<interp inst="t19091012-name-101" type="surname" value="TURNER"/>
<interp inst="t19091012-name-101" type="given" value="HENRY"/>HENRY TURNER</persName> </hi>, photographer, 61, Newington Butts. On the even
<lb/>ing of Sunday, September 12, prisoners came to have their photo
<lb/>graphs taken and left about a quarter past 11. I saw prisoner Baxter next morning just after 11 o'clock, when he came for his photo. At eight o'clock at night he came in with the other prisoner (Kemble) when he came for his photos. About a fortnight afterwards I iden
<lb/>tified them at the police court.</p>
<p>To a Juror. I take photos by limelight.</p>
<p>To Prisoner. When you came with Kemble in the evening you were accompanied by a young woman.</p>
<p>(Thursday, October 14.)</p>
<p>Police-sergeant
<hi rend="smallCaps">ERNEST SHALE</hi>, 105 W. On September 13 I was on duty in Lyham Road, Brixton Hill, about 12.30 a.m., and saw the two prisoners coming along from the direction of King's Avenue, which is distant about a quarter of a mile. Baxter was wearing an overcoat, but I cannot say it was the one produced. I identified the two men at Balham Police Station next morning. The photographer's J shop of the witness Turner in Newington Butts is, I should think, about three miles from where I met the men. It is common know
<lb/>ledge that trams run from Newington to Streatham and also to Clap
<lb/>ham and Tooting.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-102" type="witnessName">
<interp inst="t19091012-name-102" type="gender" value="female"/>
<interp inst="t19091012-name-102" type="surname" value="WAGER"/>
<interp inst="t19091012-name-102" type="given" value="JANE"/>JANE WAGER</persName> </hi>, 39, Darwin Street, Old Kent Road. Prisoner Kemble lodged with me. Prisoner Baxter has been to my house to see him two or three times.</p>
<xptr type="pageFacsimile" doc="190910120019"/>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-103" type="witnessName">
<interp inst="t19091012-name-103" type="gender" value="female"/>
<interp inst="t19091012-name-103" type="surname" value="BISHOP"/>
<interp inst="t19091012-name-103" type="given" value="EMILY"/>EMILY BISHOP</persName> </hi>. I live with prisoner Kemble at 39, Darwin Street. Baxter used to come three or four times a week to see him. I cannot say whether he came on September 12. I was with Kemble and Baxter when they were arrested.</p>
<p>Detective-constable
<hi rend="smallCaps">JAMES BERINGER</hi>. I was with Detective Baker when prisoners were arrested on September 13. They entered the photographer's shop about 8.30, and after leaving went to the "Foun
<lb/>tain" public-house. Detective Baker said to prisoners, "We are police officers, and shall arrest you for being concerned together in committing a burglary at 104, King's Avenue, Balham, and stealing property of the value of £50, and you will be taken to Balham Sta
<lb/>tion for further inquiries." I then said to Baxter, "Do you under
<lb/>stand what has been said by Detective Baker?" He said, "Yes, I will tell you all about the job later on. I have just met him in the 'Hampton Court Palace.' I will go quietly." On the way to the station he said, "I do not know anything about the job. I met him at the 'Plough' that night."</p>
<p>Detective-constable
<hi rend="smallCaps">GEORGE BAKER</hi> gave corroborative evidence as to the arrest.</p>
<p>The Common Serjeant asked the jury if they wished to call upon Baxter for his defence. The only evidence against him was that he was some sort of acquaintance of Kemble's, and was with him shortly before and shortly after the offence was committed.</p>
<p>
<rs id="t19091012-26-verdict-2" type="verdictDescription">
<interp inst="t19091012-26-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091012-26-verdict-2" type="verdictSubcategory" value="noEvidence"/>The Jury at once returned a verdict of Not Guilty on the first indictment, the evidence being insufficient to convict.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-104" type="witnessName">
<interp inst="t19091012-name-104" type="gender" value="male"/>
<interp inst="t19091012-name-104" type="surname" value="FORRESTER"/>
<interp inst="t19091012-name-104" type="given" value="JOHN WILLIAM"/>JOHN WILLIAM FORRESTER</persName> </hi>, Kelvinside, Russell Hill, Purley. On the night of September 3 I went to bed about 10 o'clock, and am prepared to say that with the exception of the kitchen the house was safely locked up. When I came down in the morning I found the house had been broken into and I missed a lot of things, including four silver serviette rings, a pair of boots, a new bicycle, and a separate bicycle lamp. I identify the boots produced as mine. I value the stolen goods at £15.</p>
<p>To Baxter. I saw the boots next at the South-Western Police Court on the feet of prisoner Kemble.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-105" type="witnessName">
<interp inst="t19091012-name-105" type="gender" value="female"/>
<interp inst="t19091012-name-105" type="surname" value="FORRESTER"/>
<interp inst="t19091012-name-105" type="given" value="EMILY"/>EMILY FORRESTER</persName> </hi>, daughter of last witness, identified a fountain pen, one of the things missing from the house belonging to her mother, by a chip out of the cap.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-106" type="witnessName">
<interp inst="t19091012-name-106" type="gender" value="male"/>
<interp inst="t19091012-name-106" type="surname" value="MATHER"/>
<interp inst="t19091012-name-106" type="given" value="DAVID"/>DAVID MATHER</persName> </hi>, assistant to Davison and Son, pawnbrokers, 81, Walworth Road. The fountain pen was pawned on September 6 by prisoner Baxter. He gave the address, 87, York Street. 2s. 6d. was advanced upon it.</p>
<p>To Prisoner. You did not give the address, 33, Trafalgar Street.</p>
<p>Detective
<hi rend="smallCaps">CHARLES MOORE.</hi> I was called to Kelvinside on Sep
<lb/>tember 4. I examined the outside of the premises. There were two distinct footprints round by the house and the bicycle shed. I did not arrest Baxter, but was present when he was charged. He made no reply to the charge. He was already in custody when this charge, was made against him.</p>
<xptr type="pageFacsimile" doc="190910120020"/>
<p>To Baxter. I had never seen you to my recollection till I saw you at the police court.</p>
<p>(Defence.)</p>
<p>Prisoner
<hi rend="smallCaps">JAMES KEMBLE</hi> (called by Prisoner Baxter). I have pleaded guilty to breaking into Mr. Forrester's house and stealing among other things the fountain pen. It happened like this that Baxter came to pawn it. One morning I was in the "Hampton Court Palace," Crampton Street, Newington Butts, when Baxter came in and asked me if I could let him have a shilling as he wanted to back a certain horse. I told him I had not sufficient to lend it to him but I had a fountain pen, and if he could pawn that I would willingly let him have a shilling. He took it and pawned it for 2s. 6d. and brought me back the ticket, which was found on me by the police. I then gave him the shilling which he has since repaid. He and I were public-house acquaintances and used to have a game of draughts now and again, and I used to consult him with regard to betting transactions.</p>
<p>Cross-examined. I have been twice previously convicted of bur
<lb/>glary.</p>
<p>Verdict,
<rs id="t19091012-26-verdict-3" type="verdictDescription">
<interp inst="t19091012-26-verdict-3" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091012-26-verdict-3" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<p>
<rs id="t19091012-26-verdict-4" type="verdictDescription">
<interp inst="t19091012-26-verdict-4" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091012-26-verdict-4" type="verdictSubcategory" value=""/>Counsel said he did not propose to proceed against Baxter on the charge in which Sir Hiram Maxim was concerned, and a formal ver
<lb/>dict of Not guilty was returned.</rs> </p>
<p>Detective-sergeant
<hi rend="smallCaps">JOHN GILLAN</hi>, V Division, stated that he was present at this Court in May, 1907, when Kemble was convicted of burglary and sentenced to 12 months' hard labour under the name of George Beaney. The burglary was at Wimbledon, and the occu
<lb/>pier came out and shot prisoner in the arm. The sentence was com
<lb/>paratively light owing to prisoner having been severely punished by being shot. In 1906 he was sentenced at Croydon Borough Session to two terms of six months' for burglary. In May, 1908, he was sentenced, to six months' hard labour at Croydon Petty Sessions under the Prevention of Crimes Act. On that occasion he was found on a gentleman's lawn at two a.m. He was a man of good education and good family, and had had chances in life of which he had not availed himself, but was a persistent burglar.</p>
<p>Detective-constable
<hi rend="smallCaps">GEORGE BAKER</hi> spoke to finding the proceeds of other burglaries in the house where prisoner was living. Sentence:
<rs id="t19091012-26-punishment-26" type="punishmentDescription">
<interp inst="t19091012-26-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-26-punishment-26" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-26-19091012 t19091012-26-punishment-26"/>Kemble, Six years' penal servitude.</rs> </p> </div1>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE RENTOUL</hi>.</p>
<p>(Wednesday, October 13.)</p>
<div1 type="trialAccount" id="t19091012-27">
<interp inst="t19091012-27" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-27" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-27-charge-1" targOrder="Y" targets="def1-27-19091012 t19091012-27-offence-1 t19091012-27-verdict-1"/>
<p>
<persName id="def1-27-19091012" type="defendantName">
<interp inst="def1-27-19091012" type="gender" value="male"/>
<interp inst="def1-27-19091012" type="age" value="20"/>
<interp inst="def1-27-19091012" type="surname" value="SCOTT"/>
<interp inst="def1-27-19091012" type="given" value="ENOCH"/>
<interp inst="def1-27-19091012" type="occupation" value="machinist"/>
<hi rend="largeCaps">SCOTT</hi> Enoch (20, machinist)</persName>
<rs id="t19091012-27-offence-1" type="offenceDescription">
<interp inst="t19091012-27-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19091012-27-offence-1" type="offenceSubcategory" value="rape"/>,
<hi rend="smallCaps">
<rs id="t19091012-27-verdict-1" type="verdictDescription">
<interp inst="t19091012-27-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-27-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of carnally knowing
<persName id="t19091012-name-108" type="victimName">
<interp inst="t19091012-name-108" type="gender" value="female"/>
<interp inst="t19091012-name-108" type="surname" value="GARNER"/>
<interp inst="t19091012-name-108" type="given" value="BEATRICE MARIE"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-27-offence-1 t19091012-name-108"/>Beatrice Marie Garner</persName>, a girl above the age of 13 years and under the age of 16 years.</rs> </p>
<p>
<rs id="t19091012-27-punishment-27" type="punishmentDescription">
<interp inst="t19091012-27-punishment-27" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19091012-27-punishment-27" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-27-19091012 t19091012-27-punishment-27"/>Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t19091012-28">
<interp inst="t19091012-28" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-28" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-28-charge-1" targOrder="Y" targets="def1-28-19091012 t19091012-28-offence-1 t19091012-28-verdict-1"/>
<xptr type="pageFacsimile" doc="190910120021"/>
<p>
<persName id="def1-28-19091012" type="defendantName">
<interp inst="def1-28-19091012" type="gender" value="female"/>
<interp inst="def1-28-19091012" type="surname" value="MURPHY"/>
<interp inst="def1-28-19091012" type="given" value="NORA"/>
<hi rend="largeCaps">MURPHY</hi> Nora</persName>
<rs id="t19091012-28-offence-1" type="offenceDescription">
<interp inst="t19091012-28-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19091012-28-offence-1" type="offenceSubcategory" value="concealingABirth"/>,
<hi rend="smallCaps">
<rs id="t19091012-28-verdict-1" type="verdictDescription">
<interp inst="t19091012-28-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-28-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of, having been delivered of a female child, endeavouring by a secret disposition of the dead body to conceal the birth thereof.</rs> </p>
<p>
<rs id="t19091012-28-punishment-28" type="punishmentDescription">
<interp inst="t19091012-28-punishment-28" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19091012-28-punishment-28" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-28-19091012 t19091012-28-punishment-28"/>Prisoner was released on her own recognisances in £5 to come up for judgment if called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t19091012-29">
<interp inst="t19091012-29" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-29" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-29-charge-1" targOrder="Y" targets="def1-29-19091012 t19091012-29-offence-1 t19091012-29-verdict-1"/>
<p>
<persName id="def1-29-19091012" type="defendantName">
<interp inst="def1-29-19091012" type="gender" value="male"/>
<interp inst="def1-29-19091012" type="age" value="38"/>
<interp inst="def1-29-19091012" type="surname" value="ROBERTSON"/>
<interp inst="def1-29-19091012" type="given" value="PERCY"/>
<interp inst="def1-29-19091012" type="occupation" value="druggist"/>
<hi rend="largeCaps">ROBERTSON</hi> Percy,
<hi rend="italic">otherwise
<rs id="t19091012-alias-2" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-29-19091012 t19091012-alias-2"/> Williamson </rs> </hi>(38, druggist)</persName>
<rs id="t19091012-29-offence-1" type="offenceDescription">
<interp inst="t19091012-29-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091012-29-offence-1" type="offenceSubcategory" value="fraud"/>,
<hi rend="smallCaps">
<rs id="t19091012-29-verdict-1" type="verdictDescription">
<interp inst="t19091012-29-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-29-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of obtaining by false pretences from
<persName id="t19091012-name-111" type="victimName">
<interp inst="t19091012-name-111" type="gender" value="female"/>
<interp inst="t19091012-name-111" type="surname" value="DOURY"/>
<interp inst="t19091012-name-111" type="given" value="RENE"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-29-offence-1 t19091012-name-111"/>Rene Doury</persName> £1 4s., from
<persName id="t19091012-name-112" type="victimName">
<interp inst="t19091012-name-112" type="gender" value="female"/>
<interp inst="t19091012-name-112" type="surname" value="GIBBINS"/>
<interp inst="t19091012-name-112" type="given" value="EMILY"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-29-offence-1 t19091012-name-112"/>Emily Gibbins</persName> 16s. 6d., from
<persName id="t19091012-name-113" type="victimName">
<interp inst="t19091012-name-113" type="gender" value="female"/>
<interp inst="t19091012-name-113" type="surname" value="JAMES"/>
<interp inst="t19091012-name-113" type="given" value="ALICE"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-29-offence-1 t19091012-name-113"/>Alice James</persName> £1, and from
<persName id="t19091012-name-114" type="victimName">
<interp inst="t19091012-name-114" type="gender" value="female"/>
<interp inst="t19091012-name-114" type="surname" value="ROGERS"/>
<interp inst="t19091012-name-114" type="given" value="MINNIE"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-29-offence-1 t19091012-name-114"/>Minnie Rogers</persName> 16s. 3d., in each case with intent to defraud.</rs> </p>
<p>Mr. H. Cohen, who appeared to prosecute, said that prisoner repre
<lb/>sented himself as traveller for Messrs. Frankau and Co., tobacconists and applied for orders offering special inducements if something was paid on account there and then. When he got the money he dis
<lb/>appeared, the goods were not delivered, and Messrs. Frankau repu
<lb/>diated all knowledge of him.</p>
<p>Detective-sergeant
<hi rend="smallCaps">THOMAS KING.</hi> There are two previous convic
<lb/>tions against prisoner. He referred me to several people, but wher
<lb/>ever I went he got a very bad character. There were 23 or 24 cases reported to the police. When I arrested him at West Ham and read the warrant he said, "That is quite right; I am glad it has come to an end; it would have gone from bad to worse. I have a wife and children; one of them is a cripple. I am a druggist. I was very hard up and had to get money from somewhere. I got a price list of Frankau s, found it easy to get money in this way, and went on. I suppose you have many more cases against me. "When I charged him he said, "Quite right." Apparently the firm had a catalogue and some other papers they gave to prisoner. He paid 3d. for the catalogue. He went round representing himself to be their traveller. He always asked for the first order to be paid down, as they would get a month's credit for the next order, and also pre
<lb/>tended he could supply at much cheaper prices than the firm could afford.</p>
<p>Sentence,
<rs id="t19091012-29-punishment-29" type="punishmentDescription">
<interp inst="t19091012-29-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-29-punishment-29" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-29-19091012 t19091012-29-punishment-29"/>Three months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091012-30">
<interp inst="t19091012-30" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-30" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-30-charge-1" targOrder="Y" targets="def1-30-19091012 t19091012-30-offence-1 t19091012-30-verdict-1"/>
<join result="criminalCharge" id="t19091012-30-charge-2" targOrder="Y" targets="def2-30-19091012 t19091012-30-offence-1 t19091012-30-verdict-1"/>
<p>
<persName id="def1-30-19091012" type="defendantName">
<interp inst="def1-30-19091012" type="gender" value="male"/>
<interp inst="def1-30-19091012" type="age" value="38"/>
<interp inst="def1-30-19091012" type="surname" value="ASKE"/>
<interp inst="def1-30-19091012" type="given" value="LOUISE"/>
<interp inst="def1-30-19091012" type="occupation" value=""/>
<hi rend="largeCaps">ASKE</hi> Louise (38)</persName>, and
<persName id="def2-30-19091012" type="defendantName">
<interp inst="def2-30-19091012" type="gender" value="male"/>
<interp inst="def2-30-19091012" type="age" value="50"/>
<interp inst="def2-30-19091012" type="surname" value="HAWORTH"/>
<interp inst="def2-30-19091012" type="given" value="RICHARD"/>
<interp inst="def2-30-19091012" type="occupation" value="agent"/>
<hi rend="largeCaps">HAWORTH</hi> Richard (50. agent)</persName>
<rs id="t19091012-30-offence-1" type="offenceDescription">
<interp inst="t19091012-30-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091012-30-offence-1" type="offenceSubcategory" value="fraud"/>; un
<lb/>lawfully conspiring together and with outers unknown, by false pre
<lb/>tences to obtain divers sums of money and valuable securities from such liege subjects of the King as might be induced to accept cheques from the said
<persName id="t19091012-name-117" type="victimName">
<interp inst="t19091012-name-117" type="gender" value="male"/>
<interp inst="t19091012-name-117" type="surname" value="ASKE"/>
<interp inst="t19091012-name-117" type="given" value="LOUISE"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-30-offence-1 t19091012-name-117"/>Louise Aske</persName>, and to cheat and defraud them thereof, and obtaining by false pretences from
<persName id="t19091012-name-118" type="victimName">
<interp inst="t19091012-name-118" type="gender" value="male"/>
<interp inst="t19091012-name-118" type="surname" value="BEDDING"/>
<interp inst="t19091012-name-118" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-30-offence-1 t19091012-name-118"/>Alfred Bedding</persName> £8 18s. and from
<persName id="t19091012-name-119" type="victimName">
<interp inst="t19091012-name-119" type="gender" value="male"/>
<interp inst="t19091012-name-119" type="surname" value="EMMERTON"/>
<interp inst="t19091012-name-119" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-30-offence-1 t19091012-name-119"/>Edward Emmerton</persName> £3 18s., in each case with intent to defraud.</rs> </p>
<p>Mr. Muir and Mr. Leycester prosecuted; Mr. H. J. Turrell de
<lb/>fended Louise Aske; Mr. Forrest Fulton defended Ha worth.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-120" type="witnessName">
<interp inst="t19091012-name-120" type="gender" value="male"/>
<interp inst="t19091012-name-120" type="surname" value="BEDDING"/>
<interp inst="t19091012-name-120" type="given" value="ALFRED"/>ALFRED BEDDING</persName> </hi>, 91, Abbeyville Road, Clapham. I am the owner of 87, Abbeyville Road. At Christmas, 1905, I let that house to Robert Percy Aske, female prisoner's husband, at £50 a year. At Midsummer, 1907, £32 10s. was owing for rent. It has not been paid. I distrained for it about Christmas, 1907. There was also a distraint in August, 1908. A cheque was paid about March, 1908, on account, and I received £7, less £1 12s. The brokers were then</p>
<xptr type="pageFacsimile" doc="190910120022"/>
<p>with drawn. I arranged that with Mrs. Aske. She was to pay the whole of the costs of the distraint. On May 4 she came to my house. She asked me if I would cash a cheque for her for £10 10s. That is the cheque now handed to me. I said I did not care about cash
<lb/>ing cheques for strangers. She said Mr. Ha worth, who had drawn the cheque, was an old friend of Mr. Aske's and was a solicitor. She also asked me if I would hold the cheque over for a week. I did not care about it and she assured me that Mr. Haworth was all right and the money would be there if I held the cheque over for a week. She had already endorsed the cheque before she brought it. On her assurance I gave her the money, less the £1 12s., the costs of distraint. I held the cheque for a week and then paid it into my bankers. It was returned within 24 hours marked, "Refer to drawer." I saw Mrs. Aske about it. She said she could not under
<lb/>stand it; she was absolutely sure the money would have been there. I then told her I would pay it in again. I paid it in again within a day or two, with the same result. I again saw her, told her I had paid it in a second time and it was returned; she said she could not understand it, she felt sure the money ought to have been there. I then asked her if she could give me an address that I might write to Mr. Haworth and she gave me an address at Putney, also his office address, Great James Street. I wrote to the Putney address, I believe. I had seen Mrs. Aske quite three or four times before I wrote him. She never gave me any more explanation than that she could not understand it. After that I went to see Haworth at Great James Street. I think in was in July. He told me my letter had been forwarded to him from Putney. I told him I had come to see him with reference to this cheque. He said he was not in a position to pay, that he was dependent on a brother who practically kept him. I told him who I was, and asked what he proposed doing. He said if I would hold my hand or wait a week or two he would try and send the money on. I said, "If you cannot send all, send part, just to prove you mean to pay, and the other as soon as you can." I then wished him good-day. He said he would try and send me some money over. I met him in the passage outside the office at 37, Great James Street. I did not go in the office. I saw Mrs. Aske afterwards, I do not think it was the same day, and told her what I had said to Mr. Haworth and what he had promised to try and do. I do not think she said anything particular at that time. I never heard any
<lb/>thing more from Mr. Haworth. He never sent me any money. Mrs. Aske said right through that if Haworth did "hot pay she would. She has not done so. They moved from my house at the end of Novem
<lb/>ber, 1908, owing a year's rent. She wrote several letters after that, She gave the broker the address they were moving to and he gave it to me. I went there two or three times. I did not see her or her husband. In one letter she wrote, "I am writing you without con
<lb/>sulting Mr. Bridges"—that is their solicitor—"who, you know, has this matter in hand," etc. It is not true that she told me she did not not know what business Haworth was in, or that she had never seen him. Haworth did not take the matter on his own shoulders and</p>
<xptr type="pageFacsimile" doc="190910120023"/>
<p>promise to pay me in a fortnight. I have never received the rent that was owing or any of the money I advanced on the cheque.</p>
<p>Cross-examined by Mr. Turrell. The addresses of Haworth that Mrs. Aske gave me were correct ones. I have known her since 1905. Down to 1906 the rent was paid. After the cheque was dishonoured I continued on friendly terms with her. So late as September, 1908, I believed her to be an honest woman. I did not notice the cheque was post-dated when she handed it to me. She did not tell me it was post-dated. She asked me if I would hold it over a week. I noticed it was post-dated when I went to pay it in. I cannot say that she told me she had this cheque given to her by a friend of her husband. If she says she did I could not deny it. If I had noticed the cheque was post-dated I should have concluded at once that there was not money in the bank to meet it. There would have been no occasion to ask me to hold it over if I knew it was post-dated. I said, "There was no conversation with Mrs. Aske about this being a post-dated cheque. I expected there were funds to meet the cheque. I had great faith in Mrs. Aske. "That is true. I knew she was hard up. At the police court I said, "I do not complain of any representations made by her to me as untrue. "That was correct at that time in reference to the cheque. I believed her to be honest. That was why I cashed the cheque.</p>
<p>Cross-examined by Mr. Forrest Fulton. I knew on May 4 there was not sufficient in the bank to meet it. I did not have any communication with Haworth until June 23, when I wrote him. I am certain I presented the cheque twice. The first interview I had with Haworth was the middle of July. He did not say if I would hold over a question of payment for a week or two he might be able to assist me, and I did not tell him I would let him know if Mrs. Aske paid up in a fortnight. I could not say if I told him I would communicate with him further; I do not think I did; I left it to him.</p>
<p>Miss
<hi rend="smallCaps">SELINA ROSE NIXON</hi>, Clapham Park School, Elms Road, Clap
<lb/>ham. Mrs. Aske's son attended my school and in May, 1908, £1 11s. 6d. was owing to me for fees. I know the servant who brought him to school. I do not know her name. The cheque handed to me now for £7 10s. was brought by the servant on June 10. It was sent from Mrs. Aske. It is made payable to Mr. Aske, drawn by Haworth, endorsed "R. D. Aske." I accepted it in payment of the fees and gave the change by a cheque for £5 18e. 6d., payable to Mrs. Aske. This has been paid into my bank. The servant asked me if I would let Mrs. Aske have the change. I paid Haworth's cheque into my bank and it came back marked "R. D." On the same day I saw Mrs. Aske at my house. I had sent her a message. She apologised for the cheque, said she was sorry, and that the matter would soon be put right; her husband was expecting money. I did not see her after that. The boy only attended until the end of the term. (Witness identified Coppin as the maid who brought the boy to school.) I received a number of letters from Mrs. Aske. One of June 16 says, "I told my husband about this objectionable</p>
<xptr type="pageFacsimile" doc="190910120024"/>
<p>matter over the cheque, and he has just gone up to Bedford Square to see this man. He is awfully sorry and most vexed that he should have sent it to you, etc. After receiving a number of letters I put the matter into my solicitor's hands. A summons was issued and a judgment obtained for £10 2s. and costs against Percy Aske. I have not recovered any part thereof. I did not communicate with Haworth at all.</p>
<p>Cross-examined by Mr. Turrell. The reason I drew the cheque in favour of Mrs. Aske was in consequence of her subsequent demand.</p>
<p>Cross-examined by Mr. Forrest Fulton. The only person I got judgment against was Mr. Percy Aske.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-121" type="witnessName">
<interp inst="t19091012-name-121" type="gender" value="female"/>
<interp inst="t19091012-name-121" type="surname" value="COPPIN"/>
<interp inst="t19091012-name-121" type="given" value="CATHERINE JANE"/>CATHERINE JANE COPPIN</persName> </hi>. I am nurse to Mrs. Aske. I have been in her service six years, but I have known her 20 years. I was in her service at Abbeyville Road. I went with them when they re
<lb/>moved to 16, Hillborough Road, Dulwich, where they were staying up to the time they were arrested. They never lived at Hillside, Merton. I know Mr. Haworth. He called twice at Abbeyville Road. I think it was in the summer of last year. I remember going with a cheque to Miss Nixon's. Mr. Aske brought it into 87, Abbeyville Road, and asked Mrs. Aske if she would let me go and change it. Mrs. Aske sent me first with it to the laundry, but they had not sufficient to change it. I took it home again. Mr. Aske was worrying and fidgetting Mrs. Aske, so I took it to Miss Nixon's for him. I took it in a note. I think I had a message with the note. What it was I do not know. I left the cheque and called the next day, when I took the little boy to school. Miss Nixon gave me an open cheque. I gave it to mistress. She endorsed it. Mr. Aske was there then. I took it to the South-Western Bank and cashed it. I do not remember who told me to get it cashed; I think it was Mrs. or Mr. Aske. They were both in the room. I got the cash for the cheque and gave it to Mr. Aske. He was waiting a little way down in the street with Mr. Ambler.</p>
<p>Cross-examined by Mr. Turrell. It was not a crossed cheque. It was Mr. Aske who wanted the cheque cashed. I saw Mr. Aske when I brought Miss Nixon's cheque. He got Mrs. Aske to endorse it, then I went and changed it and gave the money to Mr. Aske.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-122" type="witnessName">
<interp inst="t19091012-name-122" type="gender" value="male"/>
<interp inst="t19091012-name-122" type="surname" value="EMMERTON"/>
<interp inst="t19091012-name-122" type="given" value="EDWARD"/>EDWARD EMMERTON</persName> </hi>, chemist, 27, High Road, Balham. I know Mrs. Aske as a customer. At first she paid cash and afterwards was a credit customer. At the end of 1907 she owed me £14 12s. 2d. I applied for payment in January, 1908. I got nothing. In the mean
<lb/>time she continued to be a customer and paid cash. I remember Mrs. Aske coming with a cheque drawn by Haworth, dated August 11, 1908, for £4 18s. She asked me to cash it, stating that her regular man that cashed cheques was out. I looked at it and told her I did not like cashing strange cheques. I hesitated some time and asked her if it was a good cheque. She was quite certain it was. Then, after a few minutes, I told her I had always found her honest and straightforward and on that account I would cash it. Mrs. Aske sug
<lb/>gested my taking £1 off the account she owed me. I took £4 18s. from my pocket, gave her £3 18s., and passed £1 into the till to the</p>
<xptr type="pageFacsimile" doc="190910120025"/>
<p>credit of her account. I paid the cheque into my bank on August 12. It came back in about three days marked, "R. D." I saw Mrs. Aske about half an hour afterwards, told her the cheque had been returned, and asked her for the money. She expressed surprise at the cheque coming back and was sorry to have put me to the trouble, but she was seeing her solicitor that afternoon and would call and see me in the evening. She did not call; she sent a letter saying she had called on Mr. Haworth that afternoon, but had not seen him. I paid the cheque in some months later. I had several letters from Mrs. Aske relating to it. I do not know whether they ever lived at Hillside, Merton Park. I went to that address and saw a woman, who I pre
<lb/>sume lived there. I asked for Mrs. Aske. She told me she was not there, but that her husband would be seeing Mr. Aske in the City the next day and I could send any message. That was the only place I called at. I never knew from Mrs. Aske who or what Haworth was. I finally presented the cheque on March 14.</p>
<p>Cross-examined by Mr. Turrell. It is some time ago that I cashed this cheque, and it is rather difficult to remember the exact words that were used. I had known Mrs. Aske a considerable time, and knew she had difficulty in paying her way. I had had to stop her credit. Notwithstanding that, I still believed her to be perfectly honest and a woman I could rely on from my knowledge of her, and not alto
<lb/>gether from what she said. I think she suggested paying £1 off the account. She gave me the £1 after I cashed the cheque.</p>
<p>Cross-examined by Mr. Forrest Fulton. The first time I saw Haworth was in August this year, when the police court proceedings were instituted. I never had any communication with him until that time.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-123" type="witnessName">
<interp inst="t19091012-name-123" type="gender" value="male"/>
<interp inst="t19091012-name-123" type="surname" value="TURNER"/>
<interp inst="t19091012-name-123" type="given" value="LLOYD KIRBY"/>LLOYD KIRBY TURNER</persName> </hi>, solicitor, Queen Victoria Street. I acted on behalf of Miss Nixon in the County Court proceedings against Mr. Aske, when judgment was given for the plaintiff, and an order made for £2 a month. No payment was made under that order. I issued execution on November 5 against R. P. Aske. The goods were claimed by Mrs. Aske. I admitted the claim the same day or the next and with drew the execution. I received a letter, Ex
<lb/>hibit 28, from Mrs. Aske. It is undated. The postmark is March 3, 1909. It is addressed from Hillside, Manor Road, Merton Park.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-124" type="witnessName">
<interp inst="t19091012-name-124" type="gender" value="male"/>
<interp inst="t19091012-name-124" type="surname" value="CROCKER"/>
<interp inst="t19091012-name-124" type="given" value="JOHN CLARK"/>JOHN CLARK CROCKER</persName> </hi>, clerk, London Trading Bank. Haworth was a customer of our bank. I produce a correct copy of his account for the period January 1, 1907, to July 24, 1909. The account existed before January, 1907. On that date there was a debit balance of 6s. 2d., and from then until April 6, 1906, the account was not operated on at all. On that date there was £4 16s. paid in and £4 15s. 6d. paid out, the overdraft being reduced from 6s. 2d. to 5s. 8d. On May 5 there was a payment in of £2 5s. and £2 4s. drawn out. On May 19 £3 3s. was paid in and the same amount drawn out. On May 20 £2 paid in and the same amount drawn out. Those were the only four transactions from January 1, 1907, to end of June, 1908, excepting the £4 16s. 6d. cheque during April. From</p>
<xptr type="pageFacsimile" doc="190910120026"/>
<p>May 20 to August 17 there was no operation at all. On August 17 there was a payment in of £6 10s. which was drawn out the same day. The object of keeping an account like that open is, it being an old account we like to see all overdrafts paid off and it is useful for the customer. I produce a list of cheques upon that account which. have been returned. There were 32 cheques in all. Some may be cheques which have been re-presented. Exhibits 3, 4, and 5 are three cheques signed by Haworth. The body of them is not in his writing; only the signature. I do not think the figures are in his writing.</p>
<p>Cross-examined by Mr. Forrest Fulton. I cannot say it had been a substantial account, but it was more active years ago before I was in the bank. I believe the secretary of the bank has seen Haworth about the cheques not taken up. I think Haworth must have sub
<lb/>sequently paid out a number of those cheques as they have been recovered from the holders. We should return them to the banks who presented them for payment. We should expect them to notify the person who pays it in if a cheque had been dishonoured, and he would notify the drawer. We should only notify the drawer in special circumstances.</p>
<p>Mrs.
<hi rend="smallCaps">MINNIE BAXTER</hi>. I was housekeeper at 37, Great James Street, W. C., where Haworth had an office up to May last. Nobody else occupied it. He attended pretty well every day, sometimes he stayed a good time, sometimes not very long. At the end of his tenancy he did not collect the rents; Messrs. Trehearn and Higgins, solicitors, did. I have seen Mrs. Aske once; the summer before last I think it was. She came to inquire for Mr. Haworth. I do not know if she saw him. When he left he gave me an address at Putney where to send his letters, and afterwards an address at Ham
<lb/>mersmith.</p>
<p>Cross-examined by Mr. Forrest Fulton. The leaseholder of 37, Great James Street is a Mr. Haworth; I could not say whether he is the prisoner. I know as a fact prisoner Haworth is agent for the leaseholders.</p>
<p>Detective-sergeant
<hi rend="smallCaps">RICHARD MERCEY</hi>. On May 14 I received a warrant for the arrest of Mrs. Aske. We have been trying to find her since then. I caused inquiries to be made at Hillside, Merton. We could not find her there. I arrested her on July 27, at 17, Hill
<lb/>borough Road, Dulwich. I read the warrant to her. She said, "That is strange; I did not know Mr. Haworth; this cheque was given to me by another man who said Mr. Haworth was his landlord. Mr. Bedding has been to see Mr. Haworth on many occasions to get the money. I can put this matter right in about five minutes. I must instruct my solicitor. "I conveyed her to Balham Police Station. On the way we met her husband. She told him she was in custody. She said in my presence to him, "I am not going to screen the others, I am going to tell all I know." Later on she said, "I would like you to find Haworth; he is the man you want." When charged she made no reply. The warrant for Haworth's arrest was granted at the same time. I knew of his addresses at Great James Street and</p>
<xptr type="pageFacsimile" doc="190910120027"/>
<p>Putney, but could not find him at either. I was not present at his arrest. I searched Hillborough Road and found there the county court summons in Nixon v. R. P. Aske.</p>
<p>Detective-sergeant
<hi rend="smallCaps">GEORGE BAKER</hi>. I arrested Haworth on August 3, in Vigo Street. I said to him, "Good morning, Mr. Haworth." He said, "I do not know you." I said, "I am a police officer and you answer the description of a man I hold a warrant for." I read the warrant to him. He said, "I have a complete answer to the charge. I know Mrs. Aske. I told Mr. Bedding I would pay him. I do not deny I am the man you want." When charged he made no reply.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-125" type="witnessName">
<interp inst="t19091012-name-125" type="gender" value="male"/>
<interp inst="t19091012-name-125" type="surname" value="BEDDING"/>
<interp inst="t19091012-name-125" type="given" value="ALFRED"/>ALFRED BEDDING</persName> </hi>, recalled. I know Louise Aske's writing. The endorsement on the cheque (Exhibit 3) is her writing, and her name on the front looks like her writing. The endorsement on Haworth's cheque is in. her writing, I do not think the body of it is. The en
<lb/>dorsement on Miss Nixon's cheque is in Mr. Aske's writing; no part is in Mrs. Aske's. Exhibit 7 is in her writing. The endorsement on cheque Exhibit 8 is in Mrs. Aske's writing. To the best of my belief the letters (Exhibit 9) are all in her writing. The signature of Exhi
<lb/>bit 12 is in her writing. The letters to Mr. Emmerton are all in her writing. The letter to Mr. Kirby Turner is in her writing, but the signature is Mr. Aske's.</p>
<p>Cross-examined by Mr. Turrell, The guarantee given by Mrs. Aske was given after all these occurrences took place. If Mrs. Aske says the body of the cheque is not in her writing I would not swear it is. I do not think she is more likely to be right about it than I am. I cannot say if the "pounds" is in her writing. I suggest there is more of her writing in the cheque than the signature. I should still say that even if Haworth agrees with her.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-126" type="witnessName">
<interp inst="t19091012-name-126" type="gender" value="male"/>
<interp inst="t19091012-name-126" type="surname" value="ASKE"/>
<interp inst="t19091012-name-126" type="given" value="LOUISE"/>LOUISE ASKE</persName> </hi> (prisoner, on oath). No part of the cheques pro
<lb/>duced, except the signatures, in my writing. We left Abbeyville Road in November and went to 16, Hillborough Road. We left an address behind—Hillside, Manor Road, Merton. Mr. Markhart lived there. The real reason for leaving that address was that I had been tormented by a woman at Abbeyville Road and there were police-court proceedings. It' was not to evade inquiries regarding these cheques. The cheque drawn in favour of Mr. Bedding I re-ceived from Mr. Myers on the day I gave it to Mr. Bedding, May 4. At that time I did not know Haworth. I do not think I knew of his existence until the conversation with Mr. Myers about the cheque for £10 10s. He asked me in the morning if T could get the cheque cashed for him. I said, "Certainly. Whose cheque is it?" He said it was Mr. Haworth's, his landlord, at 37, Great James Street, and that he was a solicitor. I took the cheque to Mr. Bedding, who gave me cash for it, deducting £1 12s., the bailiff's fees. I came back; Mrs. Myers was in the dining room sitting by the mantelshelf. I said, "There is your husband's change, and she</p>
<xptr type="pageFacsimile" doc="190910120028"/>
<p>put it on the mantelshelf. Mr. Myers owed me some money and he arranged that I should take the £1 12s. from the cheque. I never had any part of the £8 18s. As far as I know, Mr. Myers got the money. Mr. Bedding drew my attention to the fact that the cheque was post-dated when he took it from me. I had not noticed it before. He said he did not usually like a post-dated cheque, but he did not object to taking it from me. I do not think he asked me anything about Mr. Haworth. He told me the cheque had been dishonoured a few days afterwards when he called upon me. I told him the gentleman who gave me the cheque was staying in our house and that it was his landlord's cheque. Then I told him Haworth was a solicitor. I believe I gave him his address. I did not see Haworth about this cheque. Mr. Bedding called again. I think it was after he had seen Mr. Haworth. Be told me Haworth had undertaken to give him the money in a fortnight. My husband wanted the change for the cheque and asked me if I would allow the maid to change the cheque. I knew at that time that Haworth's other cheque had been dishonoured. I believe Haworth called to see Mrs. Myers between the time the first cheque was given and my receiving Nixon's cheque. When my husband asked that the maid should be allowed to take the cheque to one of our tradespeople, I suggested our laun
<lb/>dry account wanted paying. He insisted she should take it imme
<lb/>diately to the laundry people. When I saw it was Haworth's cheque I objected to it being taken. He insisted. The laundry people had not sufficient change. Then my husband wished it to be sent else
<lb/>where. My little boy's school fees were owing, and he insisted I should send it to Miss Nixon to be changed. To the best of my belief, my husband called the maid into the dining room and said he wanted her to take this cheque to Miss Nixon, She did not bring the cheque back that day; I think it was next morning. My husband was present. I endorsed the cheque and he asked me to allow the maid to get it changed. She did so. I never saw the money. I remember Mr. Emmerton's cheque. It is drawn in my favour. I had been endeavouring to see Mr. Haworth with regard to Miss Nixon's cheque. I called at his office and waited the whole of an afternoon to see him. In the course of my interview with him I was very angry and vexed. I told him I thought it looked very bad indeed. Somehow I stated I had £5 of my own at home, and he suggested that it would in some way benefit his banking account if he gave me a cheque for £4 18s., and I sent him my £5. I was to send it by post. I believe he said my husband had borrowed 2s. from him or something of that kind. When I took the cheque to Mr. Emmerton he asked me if it was a good cheque. I assured him it was. I gave my £5 to my husband to get postal orders to post to Mr. Haworth with a letter I had written. Mr. Haworth did not get it. Haworth told me he was a solicitor and that he was Mr. Myers's landlord. I believed him. There was a quantity of papers in the office.</p>
<p>Cross-examined by Mr. Forrest Fulton. My husband confessed he had pocketed my £5. I wrote a letter at Mr. Myers's dictation</p>
<xptr type="pageFacsimile" doc="190910120029"/>
<p>undertaking to pay £5. That £5 was not to enable me to meet the cheque for £4 18s. The cheque was not given to me to pay an account. It was not given at my husband's suggestion. He was not present. The landlord was not pressing me for rent at the time the first cheque was given in May. The distraint had been with
<lb/>drawn at that date. The maid went to the bank with Miss Nixon's cheque. She went out of the house before my husband. I imagine he followed. He had all the money.</p>
<p>Cross-examined by Mr. Muir. Mr. Myers gave me the cheque in our drawing-room. I cannot say I have 'seen him write. I re
<lb/>ceived a letter-card from him. I have not got that. The £10 10s. cheque was filled up when Mr. Myers gave it to me. I did not know Haworth then except by name. Why it was made out in my favour was this. When Mr. Myers asked me if I could cash a cheque for him, he said, "I may as well get it made out in your name." I said it would make no difference. He asked me about getting it cashed before it was made out. I had no experience of cheques being re
<lb/>turned before that, I am certain. Mr. Bedding was not reluctant to cash it. He said he did not as a rule like a post-dated cheque. He did not say he did not like cashing cheques of people he did not know. He did not ask who Haworth was at that interview; I think he asked me how I obtained the cheque. I told him Haworth was a solicitor. Myers had told me that. I did not tell him Haworth was an old personal friend of my "husband's at any time. Myers owed me over £2 at that time. He had borrowed various amounts at different times. How could I take that money out of his £8 18s. I told him I owed the landlord £1 12s. and would pay him with the cheque. I have no document to show that Myers owed me money. Miss Nixon's cheque I got from my husband. He told me it was a cheque of Haworth's. I have not seen it before this present time. Haworth called to see Mr. Myers at our house before I got this cheque and after I had given the cheque to Mr. Bedding. I spoke to Haworth about the Bedding cheque. He asked me if it was true that Mr. Myers had had the whole of the money. I told him yes. That was about all that took place at the interview. He knew the oheque had been dishonoured. I cannot recall exactly what I said to him, but I was very upset that such a cheque should be given to me. He offered no explanation. I think he told me he had pro
<lb/>mised Mr. Bedding he would take up his cheque. I did not know for a long time afterwards that he had not done so. I did not know it on June 10. The only part I took was to allow my husband to send my maid with it. He insisted on that. She came back with Miss Nixon's cheque which was payable to me, I endorsed it, and passed it along the table to my husband. He told my maid to take it to the bank. The other cheque of Haworth's was given to me at his office when I went to see him about Miss Nixon's cheque not having been met. He told me he was not able to meet it. At that time I did not really know the Bedding cheque had not been met. I asked him if he had heard from Mr. Myers about that cheque. He told me no, that he would pay it as soon as he could get money.</p>
<xptr type="pageFacsimile" doc="190910120030"/>
<p>Exhibit No. 7 is my letter: "You are fully aware that the cheque you hold of Mr. Haworth's was given to me by a friend of my hus
<lb/>band, and that I did not even know what business he was in. "That friend was Mr. Myers—no, this is Mr. Haworth of whom I am speaking. This is how I reconcile the statement. Between the time I told Mr. Bedding that Haworth was a solicitor Mr. Bedding and I had conversations to the effect that the was a solicitor. I sup
<lb/>pose at the time Myers gave me the cheque I did not know; possibly he explained to me afterwards Mr. Myers's business. The explana
<lb/>tion I have to offer for writing Mr. Bedding from Hillside, Merton Park, is the one I previously gave, that I had been so annoyed by a woman at Abbeyville Road. The correspondence following the dis
<lb/>honouring of Miss Nixon's cheque was all written by me at my hus
<lb/>band's suggestion, and under his instructions signed by me. I had three interviews with Mr. Haworth before I saw him at the police court. I did not see him on July 21. My husband may not have been away yachting. He may have asked' me to say he was. After all the lies written at my husband's dictation the only cheque of Haworth's I cashed was with Mr. Emmerton. I assured him it was a good cheque, naturally, when I provided funds for it. I said to my husband when I was arrested, "I am not going to screen the others; I am going to tell all I know." The others were Haworth and Myers. I felt that in some way they had managed to arrange this cheque between them. To the best of my belief Detective Mercey did not read the warrant. He told me it was about Mr. Bedding's cheque. I made the reply which he gave in evidence.</p>
<p>(Thursday, October 14.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-127" type="witnessName">
<interp inst="t19091012-name-127" type="gender" value="male"/>
<interp inst="t19091012-name-127" type="surname" value="HAWORTH"/>
<interp inst="t19091012-name-127" type="given" value="RICHARD"/>RICHARD HAWORTH</persName> </hi> (prisoner, on oath). In May, 1908, I was agent for certain offices at 37, Great James Street. The lessee was Mr. Myers. He told me he was lodging with Mr. and Mrs. Aske, that he owed them money, and that they were being pressed for rent. He said he wanted to oblige them, and if I would give him a post-dated cheque the landlord would hold over. He said he would guarantee it. I did not understand the cheque was going to be cashed at all, but was to be deposited with the landlord to prevent him distraining. Mr. or Mrs. Aske was to pay the money when the cheque became due, and if they did not Myers guaranteed that he would. Before it be
<lb/>came due Myers told me, I think his words were, "it had been pro
<lb/>vided for"—that it was not going to be presented, but they had received the money and had paid the landlord. I asked for the cheque and, I think, some days after he said he had applied for it and they had destroyed it, as they had no further use for it. After May 4 I became acquainted with Mr. Aske. Early in June he came to 37, Great James Street and asked me to oblige him with a cheque that he could get cashed and that he would provide the money before it would be presented at my bank. He said he was going to a race meeting. I gave him the cheque for £10 10s. He did not pay me the money. He said he had been unable to get the cheque cashed.</p>
<xptr type="pageFacsimile" doc="190910120031"/>
<p>Within the next two or three days I asked for the cheque. He said it had been destroyed, I did not know that the cheque had been presented at the bank until the day I was arrested. On June 23 Mr. Bedding wrote me saying he was the holder of the cheque. A week afterwards he called and asked me what I was going to do. I did not understand from the letter that the cheque had been presented. Our conversation was on the basis that I was liable for the money. I told him I would find the money if I could. On August 11 I gave Mr. Aske a cheque for £4 18s. at his request. I never saw Mrs. Aske. He said he wanted it for some purpose of his own until money arrived that he was expecting from his another, and he would provide for it before it could go in in two days' time. He said he wanted it made out to Mrs. Aske. I said, "Well, you had better get me a letter of guarantee from her." He went away, and in the afternoon when I gave him the cheque he brought the guarantee from her. I rather think I wrote it out myself on a half-sheet of paper. I cannot find it. I never had a penny of the money. I had a con
<lb/>versation with Mr. Aske, and he led me to understand that the cheque had not been cashed and that his wife had thrown it on the fire. I had no notification from anyone that the cheque had been dishonoured. The name of the payee in one of the three cheques is not in Mrs. Aske's writing. They are all in my writing. In the cheque of August 11 the date is not in my writing, but the "1908" is. The June 10 cheque is all in any writing. I did not share in the money obtained. I received from Myers 10s. commission when I gave him the Bedding cheque, and I looked to Mrs. Myers to protect me over that cheque.</p>
<p>Cross-examined by Mr. Turrell. I never saw Mrs. Aske at 37, Great James Street. I heard she had called. I gave the Nixon cheque to Mr. Aske. I never saw Mrs. Aske except (between June 23 and 26, after Mr. Bedding came to seee me. Mrs. Aske did not say in the box that she saw me with regard to that cheque being dishonoured. I heard she had called and saw her before (the Emmerton cheque was given. It is untrue that I handed her the August 11 cheque. I gave it to Mr. Aske. It was drawn in Mrs. Aske's favour because he said she was going to cash it. I was to have £4 18s. in exchange. I did not know then that the Nixon cheque had been dishonoured. Before I drew the Emmerton cheque I had seen them both. It is absolutely untrue that she told me she had £5 and that was all she had in the world, or that I asked her to give me the £5. I never said anything because I never saw her. I knew when I gave her the Emerton cheque that the Bedding cheque had not been met On receiving Mr. (Bedding's letter I went down and saw Mrs. Aske for the first time between June 23 and 26, and she said she would pay. I had seen Mr. Bedding and arranged to pay that cheque if Mrs. Aske did not. She was to come to me. I never had notice; never had a line. They told me it was paid.</p>
<p>Cross-examined by Mr. Muir. I last practised as a solicitor in 1901. I have not taken out a certificate since then. When I gave the Emmerton cheque to Mr. Aske I think it was dated. The</p>
<xptr type="pageFacsimile" doc="190910120032"/>
<p>date appears to be in Mr. Myers's writing. I gave Aske the cheque at 37, Great James Street. I do not know exactly what he wanted it for; it was something temporary, I know. It was the £10 10s. cheque he told me the purpose for which he wanted it. He would have given me the reason for wanting the other cheque, but it is not in my recollection. I gave it him in the afternoon and he got me Mrs. Aske's guarantee. Mr., Myers came to write "August 11" on my cheque because Aske very seldom came to my office unless with Mr. Myers. I suppose he did it because I omitted it. I was not aware of it until now. There is absolutely no foundation for Mrs. Aske's story about the £5 she had at home. I never saw her at the office. Myers promised or paid me 10s. for the loan of the post-dated cheque cashed by Bedding. It was upon an account where I had no money. He said he wanted to oblige Aske, whose landlord was threatening to distrain. The cheque was to be put before the landlord as a guarantee for the rent. I was liable on it. My liability was worth 20s. in the £. I wrote the letter saying I was absolutely without means and dependent on my relations for support because I had nothing—I was not liable in my mind, only liable civilly and I did not want to be sued. It was really to gain time. That statement was not true in its entirety. The cheque was not given to enable Aske to deceive his landlord into believing that it was worth its face value. It was given as a guarantee and was post-dated. I swear I had no letter or notice from the bank that the cheque had been dishonoured. In December, 1906, I was living at 73, Chelverton Road. I think I received notice there of an acceptance which had been dishonoured. I called at the bank occasionally during 1906. The manager never told me about the £10 10s. cheque. In April, 1909, I gave a cheque on my bank for £14 which was dishonoured. I sent that cheque to my brother and it was presented in error. I could not tell you how many cheques I have drawn when I had no money at the bank to meet them, but I have always taken them up the same day or the next. I did not know that these three cheques had been presented.</p>
<p>Verdict,
<rs id="t19091012-30-verdict-1" type="verdictDescription">
<interp inst="t19091012-30-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-30-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>, the female prisoner being recommended for leniency.</p> </div1>
<div1 type="trialAccount" id="t19091012-31">
<interp inst="t19091012-31" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-31" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-31-charge-1" targOrder="Y" targets="def1-31-19091012 t19091012-31-offence-1 t19091012-31-verdict-1"/>
<join result="criminalCharge" id="t19091012-31-charge-2" targOrder="Y" targets="def2-31-19091012 t19091012-31-offence-1 t19091012-31-verdict-1"/>
<join result="criminalCharge" id="t19091012-31-charge-3" targOrder="Y" targets="def3-31-19091012 t19091012-31-offence-1 t19091012-31-verdict-1"/>
<p>
<persName id="def1-31-19091012" type="defendantName">
<interp inst="def1-31-19091012" type="gender" value="male"/>
<interp inst="def1-31-19091012" type="age" value="m"/>
<interp inst="def1-31-19091012" type="surname" value="ASKE"/>
<interp inst="def1-31-19091012" type="given" value="ROBERT PERCY"/>
<hi rend="largeCaps">ASKE</hi> Robert Percy</persName>,
<persName id="def2-31-19091012" type="defendantName">
<interp inst="def2-31-19091012" type="gender" value="female"/>
<interp inst="def2-31-19091012" type="surname" value="ASKE"/>
<interp inst="def2-31-19091012" type="given" value="LOUISE"/>
<hi rend="largeCaps">ASKE</hi> Louise</persName>, and
<persName id="def3-31-19091012" type="defendantName">
<interp inst="def3-31-19091012" type="gender" value="male"/>
<interp inst="def3-31-19091012" type="age" value="41"/>
<interp inst="def3-31-19091012" type="surname" value="AMBLER"/>
<interp inst="def3-31-19091012" type="given" value="PERCY"/>
<interp inst="def3-31-19091012" type="occupation" value="secretary"/>
<hi rend="largeCaps">AMBLER</hi> Percy (41, secretary)</persName>
<rs id="t19091012-31-offence-1" type="offenceDescription">
<interp inst="t19091012-31-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091012-31-offence-1" type="offenceSubcategory" value="fraud"/>,
<hi rend="smallCaps">
<rs id="t19091012-31-verdict-1" type="verdictDescription">
<interp inst="t19091012-31-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-31-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of unlawfully conspiring together and with others unknown, by false pretences to obtain divers sums of money and valuable securities from such liege subjects of the King as might be induced to accept cheques from the said
<persName id="t19091012-name-131">
<interp inst="t19091012-name-131" type="gender" value="male"/>
<interp inst="t19091012-name-131" type="surname" value="ASKE"/>
<interp inst="t19091012-name-131" type="given" value="LOUISE"/>Louise Aske</persName>, and to cheat and defraud them thereof, and obtaining by false pretences from
<persName id="t19091012-name-132" type="victimName">
<interp inst="t19091012-name-132" type="gender" value="male"/>
<interp inst="t19091012-name-132" type="surname" value="EASTWOOD"/>
<interp inst="t19091012-name-132" type="given" value="HENRY PALIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-31-offence-1 t19091012-name-132"/>Henry Palin Eastwood</persName> £10 7s. 3d., from
<persName id="t19091012-name-133" type="victimName">
<interp inst="t19091012-name-133" type="gender" value="male"/>
<interp inst="t19091012-name-133" type="surname" value="MEAD"/>
<interp inst="t19091012-name-133" type="given" value="RICHARD FOUNTAIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-31-offence-1 t19091012-name-133"/>Richard Fountain Mead</persName> £10, and from
<persName id="t19091012-name-134" type="victimName">
<interp inst="t19091012-name-134" type="gender" value="male"/>
<interp inst="t19091012-name-134" type="surname" value="BARTLETT"/>
<interp inst="t19091012-name-134" type="given" value="ALBERT JOHN BISHOP"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-31-offence-1 t19091012-name-134"/>Albert John Bishop Bartlett</persName> £5 2s. 6 1/2 d., in each case with intent to defraud.</rs> </p>
<p>Detective-sergeant
<hi rend="smallCaps">MERCEY</hi>. Robert Percy Aske was sentenced at Chelmsford Sessions on January 7, 1901, to three months' hard labour for obtaining money by worthless cheques; on April 15, 1901, at Cambridge Quarter Sessions, four months' hard labour on</p>
<xptr type="pageFacsimile" doc="190910120033"/>
<p>each of three charges, sentences to run concurrently, for obtaining credit by fraud. Ambler is a man of the highest character.</p>
<p>The Judge. With regard to the two prisoners Aske, I do not know what the male prisoner would feel if I were disposed to give him the sentence for the two.</p>
<p>R. P. Aske. I should be most pleased if you would do that.</p>
<p>Judge Rentoul. I thought in the interests of the children here, and that sort of thing, probably that would be the wiser and better thing to do.</p>
<p>
<rs id="t19091012-31-punishment-30" type="punishmentDescription">
<interp inst="t19091012-31-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-31-punishment-30" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-31-19091012 t19091012-31-punishment-30"/>In sentencing B. P. Aske to 15 months' imprisonment, with hard labour, Judge Rentoul stated that three or four months of that would have gone to the wife naturally.</rs>
<rs id="t19091012-31-punishment-31" type="punishmentDescription">
<interp inst="t19091012-31-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-31-punishment-31" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-31-19091012 t19091012-31-punishment-31"/>Ambler was sentenced to Four months' imprisonment in the second division</rs>;
<rs id="t19091012-31-punishment-32" type="punishmentDescription">
<interp inst="t19091012-31-punishment-32" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19091012-31-punishment-32" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-31-19091012 t19091012-31-punishment-32"/>Louise Aske was re
<lb/>leased on her own recognisances in £10, to come up for judgment if called upon.</rs>
<rs id="t19091012-31-punishment-33" type="punishmentDescription">
<interp inst="t19091012-31-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-31-punishment-33" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-30-19091012 t19091012-31-punishment-33"/> Haworth, Nine months' hard labour.</rs> </p> </div1>
<p>
<hi rend="smallCaps">BEFORE ME</hi>.
<hi rend="largeCaps">JUSTICE PICKFORD</hi>. (Thursday, October 14.)</p>
<div1 type="trialAccount" id="t19091012-32">
<interp inst="t19091012-32" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-32" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-32-charge-1" targOrder="Y" targets="def1-32-19091012 t19091012-32-offence-1 t19091012-32-verdict-1"/>
<p>
<persName id="def1-32-19091012" type="defendantName">
<interp inst="def1-32-19091012" type="gender" value="male"/>
<interp inst="def1-32-19091012" type="age" value="40"/>
<interp inst="def1-32-19091012" type="surname" value="ALDER"/>
<interp inst="def1-32-19091012" type="given" value="CHARLES"/>
<interp inst="def1-32-19091012" type="occupation" value="dealer"/>
<hi rend="largeCaps">ALDER</hi> Charles (40, dealer)</persName>
<rs id="t19091012-32-offence-1" type="offenceDescription">
<interp inst="t19091012-32-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19091012-32-offence-1" type="offenceSubcategory" value="rape"/>,
<hi rend="smallCaps">
<rs id="t19091012-32-verdict-1" type="verdictDescription">
<interp inst="t19091012-32-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-32-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of carnally knowing
<persName id="t19091012-name-136" type="victimName">
<interp inst="t19091012-name-136" type="gender" value="female"/>
<interp inst="t19091012-name-136" type="age" value="12"/>
<interp inst="t19091012-name-136" type="surname" value="SWANNOCK"/>
<interp inst="t19091012-name-136" type="given" value="LILY ROSE"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-32-offence-1 t19091012-name-136"/>Lily rose Swannock</persName>, a girl under the age of 13 years, to wit, 12 years of age (two indictments.)</rs> </p>
<p>A previous conviction for an indecent assault on a girl aged 11 was proved.</p>
<p>Sentence,
<rs id="t19091012-32-punishment-34" type="punishmentDescription">
<interp inst="t19091012-32-punishment-34" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-32-punishment-34" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-32-19091012 t19091012-32-punishment-34"/>Three years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091012-33">
<interp inst="t19091012-33" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-33" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-33-charge-1" targOrder="Y" targets="def1-33-19091012 t19091012-33-offence-1 t19091012-33-verdict-1"/>
<p>
<persName id="def1-33-19091012" type="defendantName">
<interp inst="def1-33-19091012" type="gender" value="male"/>
<interp inst="def1-33-19091012" type="age" value="28"/>
<interp inst="def1-33-19091012" type="surname" value="BULLOCK"/>
<interp inst="def1-33-19091012" type="given" value="GEORGE HENRY"/>
<interp inst="def1-33-19091012" type="occupation" value="greengrocer"/>
<hi rend="largeCaps">BULLOCK</hi> George Henry (28, greengrocer)</persName>, was indicted
<rs id="t19091012-33-offence-1" type="offenceDescription">
<interp inst="t19091012-33-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19091012-33-offence-1" type="offenceSubcategory" value="manslaughter"/> for and charged on the coroner's inquisition with the manslaughter of
<persName id="t19091012-name-138" type="victimName">
<interp inst="t19091012-name-138" type="gender" value="male"/>
<interp inst="t19091012-name-138" type="surname" value="CARROLL"/>
<interp inst="t19091012-name-138" type="given" value="PATRICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-33-offence-1 t19091012-name-138"/>Patrick Carroll</persName>.</rs> </p>
<p>Mr. J. P. Grain prosecuted; Mr. G. Tully-Christie defended.</p>
<p>Mrs.
<hi rend="smallCaps">HANNAH TOVEY</hi>, wife of John Tovey. I live at Lower Rich
<lb/>mond Road, Putney. On Sunday, August 29, about 11.30 p.m., while I was in bed, I heard a noise outside in the street; I roused my husband, and we looked out of the window. The first thing I saw was the prisoner and another man running after a young woman; prisoner then went on towards his home. At the corner of his street he was joined by Carroll and another man. Prisoner took off his coat and told Carroll he would fight him. They got into the middle of the road and started fighting; Carroll did not want to fight and did not take off his coat until he had been knocked down several times; then he said, "I will have a couple of rounds with you"; they went on, and every time Carroll was knocked down; he said, "I won't fight you to-night"; prisoner said, "You shall fight; I'll kill you to-night"; Carroll said, "I don't want to fight; I'm an old man to you; I will give in; I'm done "; prisoner said, "Shake hands"; Carroll would not shake hands; several times after that prisoner knocked him down. At last he struck him a blow and Car
<lb/>roll did not get up; prisoner said, "That's a dough-ball for him," Carroll never spoke after that.</p>
<xptr type="pageFacsimile" doc="190910120034"/>
<p>Cross-examined. I distinctly saw and heard all I have described. The fight was all one side; Carroll never seemed to be able to hit prisoner. Once when they were struggling on the ground I did hear prisoner say to Carroll, "You have kicked me," but I saw no kicking. There were several young men looking on at the fight.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-139" type="witnessName">
<interp inst="t19091012-name-139" type="gender" value="male"/>
<interp inst="t19091012-name-139" type="surname" value="TOVEY"/>
<interp inst="t19091012-name-139" type="given" value="JOHN"/>JOHN TOVEY</persName> </hi>, husband of the last witness, who was with her and saw the fight, gave an account substantially similar to her.</p>
<p>Cross-examined. I had known Carroll for 40 years; I had often seen him fighting and drunk lots of times.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-140" type="witnessName">
<interp inst="t19091012-name-140" type="gender" value="male"/>
<interp inst="t19091012-name-140" type="surname" value="STEWART"/>
<interp inst="t19091012-name-140" type="given" value="DAVID"/>DAVID STEWART</persName> </hi>, 225, Lower Richmond Road. In the early morn
<lb/>ing of August 30, hearing a noise outside I looked from my bedroom window and saw prisoner and Carroll fighting in the middle of the road. Carroll appeared to be too intoxicated to fight; he went down once or twice; then he said he would give in best, he did not want to fight any more; prisoner offered to shake hands; Carroll refused and called him a filthy name; prisoner said, "If you won't shake hands you shall fight again." Carroll said he would have a couple more rounds; they went on fighting; at last Carroll fell down on the back of his head; he sort of groaned and half turned over; I did not see any more.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-141" type="witnessName">
<interp inst="t19091012-name-141" type="gender" value="male"/>
<interp inst="t19091012-name-141" type="surname" value="ROBERTS"/>
<interp inst="t19091012-name-141" type="given" value="DAVID JAMES"/>DAVID JAMES ROBERTS</persName> </hi>. At the time in question I was standing talking with prisoner and another man (Pullen) when Carroll crossed the road and came up to prisoner in a fighting attitude; he was the worse for drink; he said to prisoner, "What are you going to do about it now?" He struck at prisoner, but prisoner evaded the blow. Prisoner said, "What, do you want to fight me then, Patsy?" Carroll said, "Yes." Both went into the road and stripped to fight; after some blows they both fell to the ground; in getting up Carroll said he would kick prisoner in the privates; in trying to do so he kicked him in the knee. The fighting went on; at last Carroll went down, made one or two movements to get up, but did not, and we left him on the road.</p>
<p>Cross-examined. It was after the second blow that Carroll refused to shake hands, and said he would fight again; he said that prisoner had either got to kill him or he would kill prisoner. (To the Court.) It was Carroll who wanted to get on with the fight; he is a man well known in Putney, that if he started a fight he wanted to finish it; also that if he thought the other man was getting the best of him he would sham. I have known Carroll all my life and I have never known any good of him.—
<hi rend="smallCaps">PULLEN</hi> gave an account confirming that of the last witness.
<rs id="t19091012-33-verdict-1" type="verdictDescription">
<interp inst="t19091012-33-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091012-33-verdict-1" type="verdictSubcategory" value=""/> The jury here stopped the case, and returned a verdict of Not guilty.</rs> </p> </div1>
<div1 type="trialAccount" id="t19091012-34">
<interp inst="t19091012-34" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-34" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-34-charge-1" targOrder="Y" targets="def1-34-19091012 t19091012-34-offence-1 t19091012-34-verdict-1"/>
<p>
<persName id="def1-34-19091012" type="defendantName">
<interp inst="def1-34-19091012" type="gender" value="male"/>
<interp inst="def1-34-19091012" type="age" value="58"/>
<interp inst="def1-34-19091012" type="surname" value="BARBER"/>
<interp inst="def1-34-19091012" type="given" value="COLLANDER CHARLES"/>
<interp inst="def1-34-19091012" type="occupation" value="baker"/>
<hi rend="largeCaps">BARBER</hi> Collander Charles (58, baker)</persName>
<rs id="t19091012-34-offence-1" type="offenceDescription">
<interp inst="t19091012-34-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19091012-34-offence-1" type="offenceSubcategory" value="wounding"/>; feloniously wounding
<persName id="t19091012-name-143" type="victimName">
<interp inst="t19091012-name-143" type="gender" value="indeterminate"/>
<interp inst="t19091012-name-143" type="surname" value="BARBER"/>
<interp inst="t19091012-name-143" type="given" value="NETTIE"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-34-offence-1 t19091012-name-143"/>Nettie Barber</persName>, with intent to murder her; second count, with intent to do her grievous bodily harm.</rs> </p>
<p>Mr. W. B. Campbell prosecuted; Mr. J. D. Cassels defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-144" type="witnessName">
<interp inst="t19091012-name-144" type="gender" value="indeterminate"/>
<interp inst="t19091012-name-144" type="surname" value="BARBER"/>
<interp inst="t19091012-name-144" type="given" value="NETTIE"/>NETTIE BARBER</persName> </hi>. I am wife of prisoner; we separated since May last, I continuing to live at 74, Chelverton Road, Putney, with my</p>
<xptr type="pageFacsimile" doc="190910120035"/>
<p>daughter, Ivy. On September 7 I went to bed as usual with my daughter. Just after midnight I saw the door slowly open, and my husband came in, shading a lighted candle. I roused my daughter, who was asleep, saying, "Ivy, Ivy, there's your. father." She screamed and jumped out of bed and got the key out of the door; I jumped out of bed at the other side. Prisoner pulled a knife from his pocket and came at me with it uplifted over his head; I caught hold of his arms and held him off, but I got stabbed in the head and was cut on the forehead and on the arm. My daughter came to my assist
<lb/>ance and held him while I got out of the room. I rushed downstairs calling for help. I went into the first room I came to; it had been occupied, but the gentleman who had been sleeping there was down
<lb/>stairs. It was Mr. Nicholson's room.</p>
<p>Cross-examined. I was very frightened and excited at the incident. I shouted "Help" or "Murder"; I did not hear Ivy calling the name of Mr. Nicholson; after I had been stabbed I called, "Nichol
<lb/>son." Ivy was holding prisoner when I received the stab. When I ran out I was not afraid to leave Ivy with him; I did not think he would hurt her; I thought it was me he wished to kill. I did not hear him say when he saw the blood on my forehead, "For God's sake, send for a doctor and the police." I remember seeing a row between prisoner and Nicholson; it is not right that Nicholson "thrashed" him; he struck Nicholson with a bunch of keys, and Nicholson hit him back; I should not call it a sound thrashing; my husband deserved what he got. My husband used to use very bad language to me and my daughter, and Nicholson complained to him about it; I do not say that Nicholson took my part against my hus
<lb/>band; what he did was only the manly thing to do. I know that Nicholson is a powerful man; he used to be an all-round athlete; my husband was not. I was never exceptionally friendly with Nicholson, but we were very good friends. I received letters from him, friendly letters; I do not know that I showed them all to my husband; one my husband found on my dressing table; I had not shown him that because it is never necessary to make rows.</p>
<p>Re-examined. I have never had a love letter from Nicholson; my husband had no cause whatever for jealousy.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-145" type="witnessName">
<interp inst="t19091012-name-145" type="gender" value="female"/>
<interp inst="t19091012-name-145" type="surname" value="BARBER"/>
<interp inst="t19091012-name-145" type="given" value="IVY"/>IVY BARBER</persName> </hi>, daughter of last witness. On September 7 my mother and I went to bed (in the same bed) about half-past 11. At half-past 12 I was awakened by my mother shaking me and saying, "Ivy, there's your father." I saw father standing by the door, going to look it. I jumped out of bed screaming, went to the door, struggled with father and got the key from him. I opened the door and shouted for help; I did not call for Mr. Nicholson or any person by name. I saw my father draw from his pocket the knife produced; he went for my mother to strike her with the knife; she caught his arm and warded off the blow; I went to her help; in the struggle I got two cuts; eventually mother got away; I held father until I got the knife from him. Later I returned to the room with Police-constable Finch and saw him pick up there a razor and a candle; the razor had not been in the room before my father came in that night, nor had</p>
<xptr type="pageFacsimile" doc="190910120036"/>
<p>the candle. I remember the day father left our house in May; he shook his fist in mother's face and said, "If you dare to turn me out I will murder you, as sure as I stand here."</p>
<p>Cross-examined. When I was awakened by my mother I saw the candle on the washstand, alight. I actually saw father draw the knife from his pocket and attack mother. I simply screamed and shrieked for help, I did not call for Mr. Nicholson; Nicholson was in the house then. Father did not ask me to keep quiet when he first entered the room.</p>
<p>To the Court. It was not accidentally in the struggle that mother got cut; father was striking at her with the knife all the time.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-146" type="witnessName">
<interp inst="t19091012-name-146" type="gender" value="male"/>
<interp inst="t19091012-name-146" type="surname" value="HUMBER"/>
<interp inst="t19091012-name-146" type="given" value="SAMUEL"/>SAMUEL HUMBER</persName> </hi>. I am a commercial traveller, and was a lodger with the Barbers. Some time after prisoner had left the house he came and asked me to lend him my latchkey of the front door; he said he had left some property there, which his wife would not give him; I did not lend him my key; later he told me he had got a key made. On September 7, just after midnight, I saw him in the "Railway Hotel," Putney.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-147" type="witnessName">
<interp inst="t19091012-name-147" type="gender" value="male"/>
<interp inst="t19091012-name-147" type="surname" value="SIMMONS"/>
<interp inst="t19091012-name-147" type="given" value="ALFRED EDWARD"/>ALFRED EDWARD SIMMONS</persName> </hi>, assistant to a pawnbroker in High Street, Putney. I identify the knife produced as having been sold by me to prisoner on September 3; it has been sharpened up since I sold it.</p>
<p>Police-constable
<hi rend="smallCaps">ALFRED FINCH</hi>, 907 V. At 12.30 a.m., on Sep
<lb/>tember 8, I went to 74, Chelverton Road. Mrs. Barber, who had her head bandaged, said to me, "My husband has tried to kill me by striking me about the head and the right arm with a knife"; prisoner was then sitting on the stairs, within hearing; he said nothing. A lodger gave me the knife produced. I told prisoner I should take him into custody for attempted murder; he made no reply.</p>
<p>Cross-examined. Mrs. Barber was not excited; quite calm.</p>
<p>Inspector
<hi rend="smallCaps">WILLIAM BERNARD</hi>, V Division. At nine a.m., on Sep
<lb/>tember 8, at Putney Police Station, I told prisoner he would be charged with attempting to murder his wife by stabbing her on the head with the knife, which I showed to him. He said, "I did not go there intending to murder her."</p>
<p>Cross-examined. I have inquired of the references given by pris
<lb/>oner, and they describe him as a respectable man.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-148" type="witnessName">
<interp inst="t19091012-name-148" type="gender" value="male"/>
<interp inst="t19091012-name-148" type="surname" value="KEENAN"/>
<interp inst="t19091012-name-148" type="given" value="JOHN"/>JOHN KEENAN</persName> </hi>, surgeon, Putney, said he was called to 74, Chelver
<lb/>ton Road about 1.30 a.m. on September 8 and examined prosecutrix. She had a wound extending from a point an inch and a half on the forehead to the eyebrow, not a deep wound, not down to the bone; it might have been caused by the knife produced. There was a small wound on the other side of the forehead, a stab wound, and minor cuts on the arms and fingers.</p>
<p>Cross-examined. None of the wounds were serious; they were all consistent with their having been inflicted in a struggle.</p>
<p>Re-examined. I do not mean that they were accidentally inflicted. Prisoner's statement before the magistrate was read. (Not now reproduced, as it is embodied in his evidence here.)</p>
<xptr type="pageFacsimile" doc="190910120037"/>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-149" type="witnessName">
<interp inst="t19091012-name-149" type="gender" value="indeterminate"/>
<interp inst="t19091012-name-149" type="surname" value="BARBER"/>
<interp inst="t19091012-name-149" type="given" value="COLLANDER CHARLES"/>COLLANDER CHARLES BARBER</persName> </hi> (prisoner, on oath). When I visited (he house on September 7 I had no intention whatever of murdering my wife or harming her in the slightest. I married her in 1887. I have been a shopkeeper, a traveller, and a canvasser. In 1907 I had business troubles and entered into an arrangement with my cre
<lb/>ditors. I then took 74, Chelverton Road;" it was in my wife's name because I was afraid my previous landlord could follow the furni
<lb/>tare; I paid the first quarter's rent; any wife had no separate estate. Up to this we had always led an amiable and happy married life. We took this house as a boarding house; I took considerable part in managing it. One of the boarders was a Mr. Nicholson; he and I bad several words together; on one occasion there was a violent row; the blacked both my eyes and cut my face about; he is a much bigger man than I am. I had many quarrels with my wife about Nicholson; he took her part against me. On May 13 I received a notice from my wife's solicitors to quit the house; I deny that I then threatened my wife. I went out for a walk in the morning and on returning found the door locked against me. I wrote my wife several letters asking her to make up the quarrel, but without result I have a sister in Australia, and if I could not get reconciled to my wife I intended to go out there, Passing the pawnbroker's shop in Putney and noticing the knife that has been produced, I thought it would be very useful to me in Australia and I purchased it. I have never sharpened it or touched it since I bought it. The reason I had it with me when I went to the house on September 7 was that I was afraid of Nicholson, and in case he should assault me again I took it in self-defence. I went to the house to get a cash-box of mine containing papers that my wife had continuously refused to give up to me; I also wanted to beg and plead her to let me remain there until I could make arrangements to go to Australia. I chose the late hour because I thought it most likely that Nicholson would be out of the way and would not interfere with me. I opened the door and went into the room; I had a lighted candle with me; I put this down and turned round to the bed to speak to my wife. She was kneeling up in the bed; she said to her daughter, "Ivy, here is your father in the room. "They both started screaming for Mr. Nicholson. I said, "Hush, don't make that noise; I want to speak to your mother, Ivy. "They still persisted in shrieking and, to drown the noise, I shut the door. Ivy jumped out of bed on to me; she tried to pull the door open and I tried to keep it shut; she must have pushed me away, because the door came open and she got out on to the passage, still shrieking. I expected Nicholson to come upstairs, and I drew out this knife. I had no intention whatever of using it on my wife; both she and my daughter struggled with me; I deny that I stabbed at my wife; the cuts she got were by pure accident. Directly I saw the blood on her I said to Ivy, "Send for the doctor." I admit that I had a razor in my pocket. I thought my wife would have taken pity and let me stay there, so I brought the</p>
<xptr type="pageFacsimile" doc="190910120038"/>
<p>razor to shave myself with; I made no attempt to use the razor that night.</p>
<p>Cross-examined. Ivy is telling an absolute untruth when she says that on toy getting notice to leave the house I threatened to murder my wife. My wife's treatment distressed me very much; it worried and excited me and made me feel I was going out of my mind, but I do not know that it made me angry. I did not know that Ivy would be sleeping in the same room with my wife; I expected to find my wife alone. Do not ask me whether I expected to find Nicholson with her. If I tell the truth, I should not have been sur
<lb/>prised. I took the knife to use against Nicholson if occasion should arise. I admit that I said nothing when the policeman took me into custody; I was done to the world; I could not say a word. When he told me the charge would be one of attempted murder I said, "Yes." I meant that I knew what my wife was going to charge me with.</p>
<p>Verdict,
<rs id="t19091012-34-verdict-1" type="verdictDescription">
<interp inst="t19091012-34-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-34-verdict-1" type="verdictSubcategory" value="lesserOffence"/>Not guilty of attempted murder; Guilty of unlawful wounding.</rs> </p>
<p>Sentence,
<rs id="t19091012-34-punishment-35" type="punishmentDescription">
<interp inst="t19091012-34-punishment-35" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-34-punishment-35" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-34-19091012 t19091012-34-punishment-35"/>15 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091012-35">
<interp inst="t19091012-35" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-35" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-35-charge-1" targOrder="Y" targets="def1-35-19091012 t19091012-35-offence-1 t19091012-35-verdict-1"/>
<p>
<persName id="def1-35-19091012" type="defendantName">
<interp inst="def1-35-19091012" type="gender" value="male"/>
<interp inst="def1-35-19091012" type="age" value="39"/>
<interp inst="def1-35-19091012" type="surname" value="BURGESS"/>
<interp inst="def1-35-19091012" type="given" value="JEAN HAMILTON"/>
<interp inst="def1-35-19091012" type="occupation" value=""/>
<hi rend="largeCaps">BURGESS</hi> Jean Hamilton (39)</persName>
<rs id="t19091012-35-offence-1" type="offenceDescription">
<interp inst="t19091012-35-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091012-35-offence-1" type="offenceSubcategory" value="extortion"/>,
<hi rend="smallCaps">
<rs id="t19091012-35-verdict-1" type="verdictDescription">
<interp inst="t19091012-35-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-35-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of feloniously sending, knowing the contents thereof, certain letters to Sir
<persName id="t19091012-name-151" type="victimName">
<interp inst="t19091012-name-151" type="gender" value="male"/>
<interp inst="t19091012-name-151" type="surname" value="BART"/>
<interp inst="t19091012-name-151" type="given" value="ALFRED MELLOR WATKIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-35-offence-1 t19091012-name-151"/>Alfred Mellor Watkin, Bart</persName>., demanding with menaces the sum of £89; threatening to publish or proposing to abstain from publishing a cer
<lb/>tain libel upon him with intent to extort money.</rs> </p>
<p>Mr. Frampton prosecuted; Mr. Huntly Jenkins appeared for prisoner.</p>
<p>Mr. Huntly Jenkins said that prisoner, through him, desired to say that there was not a little of truth in the letters she had written, and that she had no claim, direct or indirect, upon Sir Alfred Wat
<lb/>kin. She now expressed publicly her profound regret for what she had done.</p>
<p>Sentence,
<rs id="t19091012-35-punishment-36" type="punishmentDescription">
<interp inst="t19091012-35-punishment-36" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-35-punishment-36" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-35-19091012 t19091012-35-punishment-36"/>Three months' imprisonment</rs>, second division.</p> </div1>
<p>
<hi rend="smallCaps">BEFORE THE</hi>
<hi rend="largeCaps">RECORDER</hi>.</p>
<p>(Thursday, October 14.)</p>
<div1 type="trialAccount" id="t19091012-36">
<interp inst="t19091012-36" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-36" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-36-charge-1" targOrder="Y" targets="def1-36-19091012 t19091012-36-offence-1 t19091012-36-verdict-1"/>
<join result="criminalCharge" id="t19091012-36-charge-2" targOrder="Y" targets="def2-36-19091012 t19091012-36-offence-1 t19091012-36-verdict-1"/>
<join result="criminalCharge" id="t19091012-36-charge-3" targOrder="Y" targets="def3-36-19091012 t19091012-36-offence-1 t19091012-36-verdict-1"/>
<join result="criminalCharge" id="t19091012-36-charge-4" targOrder="Y" targets="def1-36-19091012 t19091012-36-offence-2 t19091012-36-verdict-1"/>
<join result="criminalCharge" id="t19091012-36-charge-5" targOrder="Y" targets="def2-36-19091012 t19091012-36-offence-2 t19091012-36-verdict-1"/>
<join result="criminalCharge" id="t19091012-36-charge-6" targOrder="Y" targets="def4-36-19091012 t19091012-36-offence-2 t19091012-36-verdict-1"/>
<join result="criminalCharge" id="t19091012-36-charge-7" targOrder="Y" targets="def5-36-19091012 t19091012-36-offence-3 t19091012-36-verdict-2"/>
<p>
<persName id="def1-36-19091012" type="defendantName">
<interp inst="def1-36-19091012" type="gender" value="male"/>
<interp inst="def1-36-19091012" type="age" value="46"/>
<interp inst="def1-36-19091012" type="surname" value="WESTWOOD"/>
<interp inst="def1-36-19091012" type="given" value="THOMAS"/>
<interp inst="def1-36-19091012" type="occupation" value="carman"/>
<hi rend="largeCaps">WESTWOOD</hi> Thomas (46, carman)</persName>.
<persName id="def2-36-19091012" type="defendantName">
<interp inst="def2-36-19091012" type="gender" value="male"/>
<interp inst="def2-36-19091012" type="age" value="44"/>
<interp inst="def2-36-19091012" type="surname" value="CASHMAN"/>
<interp inst="def2-36-19091012" type="given" value="WILLIAM"/>
<interp inst="def2-36-19091012" type="occupation" value="warehouseman"/>
<hi rend="largeCaps">CASHMAN</hi> William (44, warehouseman)</persName>,
<persName id="def3-36-19091012" type="defendantName">
<interp inst="def3-36-19091012" type="gender" value="male"/>
<interp inst="def3-36-19091012" type="age" value="50"/>
<interp inst="def3-36-19091012" type="surname" value="GROVES"/>
<interp inst="def3-36-19091012" type="given" value="HENRY"/>
<interp inst="def3-36-19091012" type="occupation" value="warehouseman"/>
<hi rend="largeCaps">GROVES</hi> Henry (50, warehouseman)</persName>,
<persName id="def4-36-19091012" type="defendantName">
<interp inst="def4-36-19091012" type="gender" value="male"/>
<interp inst="def4-36-19091012" type="age" value="67"/>
<interp inst="def4-36-19091012" type="surname" value="TABER"/>
<interp inst="def4-36-19091012" type="given" value="GEORGE"/>
<interp inst="def4-36-19091012" type="occupation" value="horsekeeper"/>
<hi rend="largeCaps">TABER</hi> George (67, horsekeeper)</persName>, and
<persName id="def5-36-19091012" type="defendantName">
<interp inst="def5-36-19091012" type="gender" value="male"/>
<interp inst="def5-36-19091012" type="age" value="35"/>
<interp inst="def5-36-19091012" type="surname" value="HILLER"/>
<interp inst="def5-36-19091012" type="given" value="EDWARD"/>
<interp inst="def5-36-19091012" type="occupation" value="contractor"/>
<hi rend="largeCaps">HILLER</hi> Edward (35, contractor)</persName>
<rs id="t19091012-36-offence-1" type="offenceDescription">
<interp inst="t19091012-36-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091012-36-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>; Westwood, Cashman, and Groves, on
<rs id="t19091012-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19091012-36-offence-1 t19091012-cd-1"/>August 28, 1909</rs>, stealing 25 sacks of oats, the goods of
<persName id="t19091012-name-157" type="victimName">
<interp inst="t19091012-name-157" type="gender" value="male"/>
<interp inst="t19091012-name-157" type="surname" value="SMITH"/>
<interp inst="t19091012-name-157" type="given" value="BENJAMIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-36-offence-1 t19091012-name-157"/>Benjamin Smith</persName> and others, their masters;</rs>
<rs id="t19091012-36-offence-2" type="offenceDescription">
<interp inst="t19091012-36-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19091012-36-offence-2" type="offenceSubcategory" value="stealingFromMaster"/>Westwood, Cashman, and Taber, on
<rs id="t19091012-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19091012-36-offence-2 t19091012-cd-2"/>August 21, 1909</rs>, stealing five sacks of oats, the goods of
<persName id="t19091012-name-158" type="victimName">
<interp inst="t19091012-name-158" type="gender" value="male"/>
<interp inst="t19091012-name-158" type="surname" value="SMITH"/>
<interp inst="t19091012-name-158" type="given" value="BENJAMIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-36-offence-2 t19091012-name-158"/>Benjamin Smith</persName> and others, their masters;</rs>
<rs id="t19091012-36-offence-3" type="offenceDescription">
<interp inst="t19091012-36-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t19091012-36-offence-3" type="offenceSubcategory" value="receiving"/>Hiller, receiving five sacks of oats and 25 sacks of oats, in each case well knowing them to have been stolen.</rs> </p>
<p>Westwood, Cashman, Groves, and Taber
<hi rend="smallCaps">
<rs id="t19091012-36-verdict-1" type="verdictDescription">
<interp inst="t19091012-36-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-36-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi>.</p>
<xptr type="pageFacsimile" doc="190910120039"/>
<p>Mr. Leycester prosecuted; Mr. Horace Samuel appeared for Westwood; Mr. Burnie and Mr. Joyce Thomas appeared for Groves.</p>
<p>Mr. Purcell defended Hiller.</p>
<p>Hiller was tried for receiving 25 sacks on August 28.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-159" type="witnessName">
<interp inst="t19091012-name-159" type="gender" value="male"/>
<interp inst="t19091012-name-159" type="surname" value="ALLOWAY"/>
<interp inst="t19091012-name-159" type="given" value="EDWARD WILLIAM"/>EDWARD WILLIAM ALLOWAY</persName> </hi>, manager to Benjamin Smith and Co., Rutland Wharf, Upper Thames Street, corn factors. Westwood has been carman in our service from August 10, 1909; Cashman has been warehouseman for 20 years; Groves warehouseman 12 years; Taber has been horsekeeper for 17 years. We have had no deal
<lb/>ings whatever with Hiller. We deal largely in oats, corn, etc., which are kept in the warehouse where Cashman and Groves are employed. Westwood's duty with three other carmen was to deliver corn. On August 28, at 10 p.m., the police at my house informed me of the arrest of the prisoners. I knew that the police had been instructed to watch the premises. I went to Bridewell Police Sta
<lb/>tion and charged Cashman, Westwood, and Groves, who were in custody, with stealing 25 sacks of oats which were at the station in our van; my firm's name was thereon and also on both sides of the sacks. We keep a large quantity of the kind of oats that were at the station. Our premises are closed on Saturdays at two p.m.; prisoners had no authority to be on the premises. On August 30 I saw Taber in custody, and charged him with stealing five sacks of oats on August 21. On September 23 the warrant was obtained against Hiller. The prisoners were afterwards brought up at the Mansion House.</p>
<p>Detective-sergeant
<hi rend="smallCaps">FREDERICK WISE</hi>, City Police. On August 28 I was watching prosecutor's premises. At 6.10 p.m. I saw West
<lb/>wood leave with prosecutor's one-horse van loaded with sacks. I communicated with Inspector Hind, and followed the van to an archway, No. 408, Long Street, where it stopped.</p>
<p>Detective-inspector
<hi rend="smallCaps">HERBERT HIND</hi>, City Police. On August 28 "I received information, and instructed officers to watch prosecutor's premises. I received a communication, and a little after six p.m. I saw Westwood driving the van into High Street, Shoreditch, and followed him to a railway arch, No. 406, Long Street, a stable and storage for vans. I there saw Cashaman and Groves with two of Hillers servants taking the sacks out of the van to the rear of the premises. Westwood remained on the van and helped unload. I spoke to Westwood, Cashman, and Groves, and eight sacks which had been unloaded were replaced on the van, which I detained there. The rear of the archway was a place for the storage of fodder. I waited there with the van and the three prisoners from 6.40 until nine p.m., when Hiller came in. I said to him, "Are you the pro
<lb/>prietor?" He said, "Yes." I said, "What is your name?" He said, "Edward Hiller." I said, "Have you the sole charge here?" He said, "Yes." I said, "How do you account for this load of cats being in your stable?" I had first of all told him I was a police inspector, and said, "I want you to be careful what you say." With regard to the oats being in his stable, he replied, "I know nothing about it; I did not order it. It appears to me to be a trap." I</p>
<xptr type="pageFacsimile" doc="190910120040"/>
<p>said, "Do you know either of these three men?" pointing to Groves, Cashman, and Westwood. He said, "No, I have never seen them before." I said, "Have you ever had any dealings with Benjamin Smith and Sons, of Upper Thames Street?" He said, "No, never." I had found paper produced on Groves which I showed him with the address upon it, "Hiller, 408. Long Street, Union Street, Hackney, W.," and on the back it has "Hiller, 406, Long Street." I said, "Look at the writing on this paper which I have found on one of the prisoners"; he said, "The writing is not mine; I have never seen the paper before." When he gave me his name I had asked him to write it in the notebook, which he did, "Edward Hiller, 238, Green Street, Bethnal Green." I said, "Do you think the writing on the paper is anything like your handwriting in my book?" He said, "It is something like mine but I did not write it." I did not arrest Hiller. The van and the three other prisoners were taken to Bridewell Police Station. In my opinion the paper is written by Hiller. The dot over the "i" is in both a small dash and there are other similarities to the writing on the paper. I also found dock release signed by Hiller; that and the entries in diary pro
<lb/>duced are similar in the handwriting to that of the paper. West-wood, Cashman, and Groves were charged on August 28. On August 29 and 30 Westwood made statements to me. On August 30 Cashman, Groves, and Westwood were brought up at the Mansion House and remanded. I arrested Taber on that day. On Septem
<lb/>ber 2 Cashman made a statement to me and a warrant was issued for Hiller's arrest the next day. On the afternoon of September 3 I saw Hiller at Long Street. I said, "You know me"; he said, "Yes." I then read to him a copy of the statement made by Cash
<lb/>man. He said, "It is a lie. I never paid a man 25s. for corn." I then read the warrant to him, and he said, "Who is Cashman?" I said, "One of the prisoners, employees of Benjamin Smith, who you saw in your stable on Saturday last." He was then taken to Bride
<lb/>well Police Station, where he was formally charged and made no reply. I know Gosset Street, Bethnal Green. It is reached by going down Bethnal Green Road through Shoreditch, turning to the left, then to the right, and to the right again; or if you go further down the street you turn to the left and to the left again.</p>
<p>Cross-examined by Mr. Purcell. On August 28 I detained Cash
<lb/>man, Groves, and Westwood, together with the other two men who were employed at the archway for two hours and 20 minutes. Other men came and went; there were seven or eight horses there—I believe the property of Hiller. I got the paper from Groves before asking Hiller to write his name in my book—that was to compare the handwriting. I formed the opinion that they were the same. I did not consider that I had sufficient ground to arrest Hiller. I applied for a warrant after Cashman's statement. I told Hiller I was going to take his diary, and he said, "I have no objection."</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-160" type="witnessName">
<interp inst="t19091012-name-160" type="gender" value="male"/>
<interp inst="t19091012-name-160" type="surname" value="CASHMAN"/>
<interp inst="t19091012-name-160" type="given" value="WILLIAM"/>WILLIAM CASHMAN</persName> </hi> (prisoner). I have been 19 or 20 years in the service of prosecutors. This is the first time I have been in any trouble. I have pleaded guilty to indictments for being concerned</p>
<xptr type="pageFacsimile" doc="190910120041"/>
<p>in stealing five sacks of oats on August 21, and 25 sacks on August 28. On August 21, in the evening, I went with Westwood, in my master's van, with some sacks of oats down Bethnal Green Road, turned to the left and to the left again down a gateway into a yard where there was a loft. I saw Hiller there and said to him, "Here are five sacks of corn. "Two men who were there carried five sacks of oats into the loft. Hiller paid me 25s. I gave him no invoice; he did not ask for one or give me a receipt. The oats are worth 10s. a sack, I believe. Hiller gave me a paper (produced) and said he was going to move—that was the address. I gave it to Groves. On August 28, stout 6 p.m., I went with Groves to the prosecutor's warehouse, and met Westwood. We loaded 25 sacks of my employers' oats into the van, and I went with Westwood to 408, Long Street, where I was arrested. I had only seen Hiller on those two occasions.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-161" type="witnessName">
<interp inst="t19091012-name-161" type="gender" value="male"/>
<interp inst="t19091012-name-161" type="surname" value="WESTWOOD"/>
<interp inst="t19091012-name-161" type="given" value="THOMAS"/>THOMAS WESTWOOD</persName> </hi> (prisoner). On August 21 I was carman in prosecutor's service, and at 5 p.m. I stole five sacks of oats from the warehouse; (they were placed in the stable. I took them up Bethnal Green Road, to a turning to the left and turned to the left again. I do not know the name of the place because I had never been there before. Cashman was in the stable; he went with me. I did not see Hiller. Two men took the oats off my van up a gateway. Cash
<lb/>man gave me 10s. The following Saturday afternoon I took 25 sacks of oats from Rutland Wharf to 408, Long Street. Cashman gave me the address and, with Groves, went with me. We were ar
<lb/>rested and detained. I had never seen Hiller until he came into 408, Long Street on August 28 at 9 p.m. I was not told what I was going to get out of the 25 sacks.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-162" type="witnessName">
<interp inst="t19091012-name-162" type="gender" value="male"/>
<interp inst="t19091012-name-162" type="surname" value="BALDWIN"/>
<interp inst="t19091012-name-162" type="given" value="JOHN"/>JOHN BALDWIN</persName> </hi>, carman to Underwood and Sons, hay and straw merchants. I have been to Hiller's stable at Gossett Street several times. On August 21 I delivered 36 trusses of hay there. It is a house with a gateway underneath, which leads to a yard with a loft for storing forage. Hiller told me he had taken some railway arches in Long Street. About a fortnight ago I delivered some chaff there. You get to Gossett Street by turning to the left down to the bottom of Turin Street, then to the right.</p>
<p>Mr. Purcell submitted that there was no case against Hiller, the accomplices being uncorroborated (R. v. Everest, I Cohen's Criminal Reports); the goods were not proved to have been in the possession of Hiller.</p>
<p>The Recorder held that there was evidence that Hiller was in possession of the archway, and therefore in the possession of the goods; also that the accom
<lb/>plice was corroborated.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-163" type="witnessName">
<interp inst="t19091012-name-163" type="gender" value="male"/>
<interp inst="t19091012-name-163" type="surname" value="HILLER"/>
<interp inst="t19091012-name-163" type="given" value="EDWARD"/>EDWARD HILLER</persName> </hi> (prisoner, on oath). I am carman and contractor, carrying on business at 408, Archway, Long Street, Union Street, Hackney Road. I have only been in business a month—the business was carried on by my father until August 1, 1909, when he became bankrupt. I used previously to manage the business at Gossett Street. I moved on August 23 to 408, Long Street. It is not true that Cashman delivered five sacks of oats at Gossett Street on</p>
<xptr type="pageFacsimile" doc="190910120042"/>
<p>August 21, or that I paid him 25s., or any sum. I saw him on August 28 at 408, Long Street. I never gave him the paper produced. It is not in my handwriting, though it is very much like it. I first saw it on August 28, when Inspector Hind showed it me. The coloured pencil writing in the diary is different to that on the paper, one being a bright blue and the other a dull blue. Entries in the diary are generally made by me, but sometimes by others. I never saw Westwood or Groves before August 28; I do not know how they came to be at 408, Long Street, or how they came to know I had moved. I employ six or seven men and keep eight horses and 12 vans. I have exclusive possession of 408, Long Street. I have about 20 regular customers, who employ me as carman, and most of whom I informed I was leaving; I have had no dealings with prosecutors. I have bought oats from Beddon and Sons and Dennis. We used to have them by the load, but since the bankruptcy I have bought in small quantities for cash. I never gave anyone 25s. for five sacks of oats—that would be an inadequate price. I pay about 19s. a qr., or 9s. 6d. a sack.</p>
<p>Cross-examined. Hind's evidence is correct, except that when he entered the stable he asked me whether I knew the four men. I said, No, I had never seen them before. Then he asked them whether they knew me and they said, No, they had never seen me before—he has left that out. I was not asked how they came to bring the oats to my stable. On August 28 I had bought oats; I was buying them from day to day; 25 sacks would last me about a fortnight. There were nobody's horses but mine in the stable. I do not keep a record showing the oats purchased. If oats were offered to me at 5s. a sack I should think there was something dishonest about it. I have never heard the name of Benjamin Smith and Sons. I do not know the carman employed previous to Westwood. I swear posi
<lb/>tively I had had no communication with him or with Cashman or Westwood before August 28. I have no idea how they knew my address or why they should put the sacks of oats in my loft. I told Hind it looked like a trap. I do not suggest that the police have done anything unfair. I did not employ a clerk—only a lad to mind the premises.</p>
<p>Re-examined. On August 28 I ordered some oats from Pottier, which were delivered while the police were at the stable. I am no scholar and do not write very well.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-164" type="witnessName">
<interp inst="t19091012-name-164" type="gender" value="male"/>
<interp inst="t19091012-name-164" type="surname" value="DUFFELL"/>
<interp inst="t19091012-name-164" type="given" value="JAMES"/>JAMES DUFFELL</persName> </hi>, 10A, Coat Street, Hackney Road, timber merchant;
<hi rend="smallCaps">BENJAMIN COOPER</hi>, 20, Wellington Road, Bethnal Green, blacksmith; and
<hi rend="smallCaps">THOMAS WEIGHT</hi>, 24, Collard's Row, Bethnal Green, coachmaker, gave evidence to character of Hiller.</p>
<p>Verdict,
<rs id="t19091012-36-verdict-2" type="verdictDescription">
<interp inst="t19091012-36-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-36-verdict-2" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Westwood was stated to be of good character and was recommended to mercy by the prosecutors, as he had only been in their employment for a fortnight, and was believed to have been drawn in by the others. Taber was also recommended to mercy on account of his age.</p>
<xptr type="pageFacsimile" doc="190910120043"/>
<p>Sentence:
<rs id="t19091012-36-punishment-37" type="punishmentDescription">
<interp inst="t19091012-36-punishment-37" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-36-punishment-37" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-36-19091012 t19091012-36-punishment-37"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-36-19091012 t19091012-36-punishment-37"/>Cashman and Groves, Nine months' hard labour;</rs>
<rs id="t19091012-36-punishment-38" type="punishmentDescription">
<interp inst="t19091012-36-punishment-38" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-36-punishment-38" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def4-36-19091012 t19091012-36-punishment-38"/>Taber, Six months' hard labour;</rs>
<rs id="t19091012-36-punishment-39" type="punishmentDescription">
<interp inst="t19091012-36-punishment-39" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-36-punishment-39" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def5-36-19091012 t19091012-36-punishment-39"/>Hiller, Nine months' hard labour;</rs>
<rs id="t19091012-36-punishment-40" type="punishmentDescription">
<interp inst="t19091012-36-punishment-40" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19091012-36-punishment-40" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-36-19091012 t19091012-36-punishment-40"/>West-wood was released on his own recognisances in £40, to come up for judgment if called upon.</rs> </p> </div1>
<p>
<hi rend="smallCaps">BEFORE THE</hi>
<hi rend="largeCaps">COMMON SERJEANT</hi>.</p>
<p>(Thursday, October 14.)</p>
<div1 type="trialAccount" id="t19091012-37">
<interp inst="t19091012-37" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-37" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-37-charge-1" targOrder="Y" targets="def1-37-19091012 t19091012-37-offence-1 t19091012-37-verdict-1"/>
<p>
<persName id="def1-37-19091012" type="defendantName">
<interp inst="def1-37-19091012" type="gender" value="male"/>
<interp inst="def1-37-19091012" type="age" value="16"/>
<interp inst="def1-37-19091012" type="surname" value="STUBBS"/>
<interp inst="def1-37-19091012" type="given" value="JAMES"/>
<interp inst="def1-37-19091012" type="occupation" value="errand boy"/>
<hi rend="largeCaps">STUBBS</hi> James (16, errand boy)</persName>
<rs id="t19091012-37-offence-1" type="offenceDescription">
<interp inst="t19091012-37-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19091012-37-offence-1" type="offenceSubcategory" value="assaultWithIntent"/>,
<hi rend="smallCaps">
<rs id="t19091012-37-verdict-1" type="verdictDescription">
<interp inst="t19091012-37-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-37-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of attempting to carnally know
<persName id="t19091012-name-166" type="victimName">
<interp inst="t19091012-name-166" type="gender" value="female"/>
<interp inst="t19091012-name-166" type="surname" value="STUBBS"/>
<interp inst="t19091012-name-166" type="given" value="EMILY"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-37-offence-1 t19091012-name-166"/>Emily Stubbs</persName>, a girl under the age of 13 years, and indecently assaulting her.</rs> </p>
<p>Sentence,
<rs id="t19091012-37-punishment-41" type="punishmentDescription">
<interp inst="t19091012-37-punishment-41" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-37-punishment-41" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-37-19091012 t19091012-37-punishment-41"/>Three months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091012-38">
<interp inst="t19091012-38" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-38" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-38-charge-1" targOrder="Y" targets="def1-38-19091012 t19091012-38-offence-1 t19091012-38-verdict-1"/>
<p>
<persName id="def1-38-19091012" type="defendantName">
<interp inst="def1-38-19091012" type="gender" value="male"/>
<interp inst="def1-38-19091012" type="age" value="30"/>
<interp inst="def1-38-19091012" type="surname" value="MARKS"/>
<interp inst="def1-38-19091012" type="given" value="SHEPHERD"/>
<interp inst="def1-38-19091012" type="occupation" value="tailor"/>
<hi rend="largeCaps">MARKS</hi> Shepherd (30, tailor)</persName>
<rs id="t19091012-38-offence-1" type="offenceDescription">
<interp inst="t19091012-38-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091012-38-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 and order for the payment of £264, with intent to defraud, and forging and uttering, knowing the same to be forged, a request for the delivery of goods, and an order for the payment of money, to wit, a banker's cheque and order for the payment of £175, in each case with intent to defraud.</rs> </p>
<p>Mr. Muir prosecuted; Mr. Burnie and Mr. Joyce Thomas defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-168" type="witnessName">
<interp inst="t19091012-name-168" type="gender" value="male"/>
<interp inst="t19091012-name-168" type="surname" value="LAW"/>
<interp inst="t19091012-name-168" type="given" value="JOHN"/>JOHN LAW</persName> </hi>, paying cashier, London Joint Stock Bank, Princes Street. On September 13, the cheque (produced) for £264 was pre
<lb/>sented to me for payment, between 10 and 11 o'clock in the forenoon, by the prisoner. It purports to be drawn by Messrs. Corby, Palmer and Stewart. I noticed that he approached me in a hesitating manner and, when he handed the cheque over the grille, not under
<lb/>neath, his hand trembled. I asked him how he would take it. He said he would take it in gold and notes—£64 in gold and £200 in notes. I examined the cheque, and the drawing of the cheque did not satisfy m. I passed it on to a colleague (Mr. Hawke) and asked him his opinion. I then collected the notes that were required, "tens" and "twenties." In the meantime my colleague went into the ledger room and brought out several cheques drawn by Corby, Palmer and Stewart, and I formed the opinion that it was not a genuine cheque. The cheque was then taken into the managers' room by the chief cashier. During this time prisoner was waiting at my desk, I believe. I was away perhaps ten minutes or a quarter of an hour. Prisoner was still at the counter when I came back, and the managers came from their room and interviewed him.</p>
<p>Cross-examined. My desk is not the desk nearest to the door. It is the fourth desk down, about 30 ft. from the door. At this time I had not heard about the cheque for £175, which prisoner is also charged with forging.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-169" type="witnessName">
<interp inst="t19091012-name-169" type="gender" value="male"/>
<interp inst="t19091012-name-169" type="surname" value="PALMER"/>
<interp inst="t19091012-name-169" type="given" value="ARTHUR"/>ARTHUR PALMER</persName> </hi> (Corby, Palmer and Stewert, mantle manufac
<lb/>turers, St. Paul's Churchyard). The firm keep an account at the head office of the London Joint Stock Bank, Princes Street. I and</p>
<xptr type="pageFacsimile" doc="190910120044"/>
<p>my partner, John Edward Corby, sign cheques. The cheque (produced) for £264 bears a signature very much resembling mine, but it is not a genuine signature. It also bears the impress of a rubber stamp with the ini
<lb/>tials "C. P.S." All our cheques are stamped in the counting house in that way. We have also a rubber stamp for the purpose of im
<lb/>pressing the dates. I do not know any person of the name of "M. Egard," the name of the payee on the cheque produced. I do not know the handwriting of the body of the cheque. Exhibit No. 2 is a memorandum purporting to be signed by my firm with an imitation of my handwriting, asking for a cheque book. The signature is like mine, and the form is dated with a rubber stamp and is also stamped "C. P.S." The name "W. Lambett" is written on the back of the form in pencil. I do not know any person named "W. Lambett." There is a person in our employ named Lambert. "W. Lambett" is not in the handwriting of Lambert. The memorandum form pro
<lb/>duced is not one of our forms. The wording is the same, but the method of printing or engraving is quite different. Exhibit 4 is a cheque for £175, purporting to be drawn by me. It is dated Sep
<lb/>tember 10, 1909, payable to "B. Miller," and endorsed "B. Miller"; it is dated with a rubber stamp, and is also stamped with the initials "C. P.S." I do not know the handwriting of the body of the cheque. I do not know anybody called "Miller. "I did not sign the cheque. The signature is like mine. All the forged sig
<lb/>natures exactly correspond. It is not my experience that I ever write my signature in exactly the same place. (Three genuine cheques were handed to the jury for comparison of the signatures and the rubber stamps.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-170" type="witnessName">
<interp inst="t19091012-name-170" type="gender" value="male"/>
<interp inst="t19091012-name-170" type="surname" value="MILBURN"/>
<interp inst="t19091012-name-170" type="given" value="THOMAS EDWARD"/>THOMAS EDWARD MILBURN</persName> </hi>, counting-house manager for Corby, Palmer and Stewart gave evidence that the rubber stamps on the forged documents differed from the stamps used by his firm.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-171" type="witnessName">
<interp inst="t19091012-name-171" type="gender" value="indeterminate"/>
<interp inst="t19091012-name-171" type="surname" value="HAWKE"/>
<interp inst="t19091012-name-171" type="given" value="JEWELL"/>JEWELL HAWKE</persName> </hi>, paying cashier, head office, London Joint Stock Bank. On September 13 I was at the paying counter next to Mr. Law. He handed me a cheque which I compared with others, went to our ledger room and brought out some old cheques that had been already paid. I then spoke to our messenger at the door re
<lb/>questing him to watch prisoner and not to let him slip. I went back to prisoner and said, "Do you come from Corby, Palmer and Stewart's?" He said, "No." Then I said, "Who is the payee?" He said, "A stockbroker, M. Egard." I said, "Who are you?" He replied, "I am his clerk." My attention was taken off for a moment or two, and when I looked up prisoner was walking slowly towards the door. When he had got within a yard from the porter he suddenly pulled up and stopped, and then came back again to the desk, where he had been standing. I have been paying cashier about six years, and during that time have had experience in com
<lb/>paring handwritings. In my opinion all the documents that have been produced are in the handwriting of the person who wrote "W. Lambett"; they all show similarity of character.</p>
<xptr type="pageFacsimile" doc="190910120045"/>
<p>Cross-examined. Prisoner, on the other side of the counter, must have seen that something was going on.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-172" type="witnessName">
<interp inst="t19091012-name-172" type="gender" value="male"/>
<interp inst="t19091012-name-172" type="surname" value="DAY"/>
<interp inst="t19091012-name-172" type="given" value="BEN"/>BEN DAY</persName> </hi>, assistant manager at the London Joint Stock Bank head office. On September 13 the cheque produced for £264 was handed to me by one of the cashiers. I communicated to Corby, Palmer, and Stewart that it was a forgery. I spoke to prisoner from inside the bank counter. I said to him, "How will you take this?" He said, "£100 in fives, £100 in tens, and the rest in gold. "After he had said that I walked round the counter and when I got near him I said, "This is a duffer, you know." He said, "What?" I said, "A forgery, you know; you cannot leave the bank." Then I inquired of him where he got it from, and he said, "A friend down the street." I asked him where that was, and he replied, "The Unicorn." I asked him whether that was a beer shop. He said, "No, a public-house." I asked him what his friend was, and he said, "A commis
<lb/>sion agent." I said, "What do you mean? A betting man?" He said, "One who attends race meetings." I said, "What are you?" I understood him to say that he attended race meetings also. I sent for a detective and kept prisoner waiting till he came.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-173" type="witnessName">
<interp inst="t19091012-name-173" type="gender" value="male"/>
<interp inst="t19091012-name-173" type="surname" value="BLACK"/>
<interp inst="t19091012-name-173" type="given" value="PETER MCGILLIVRAY"/>PETER MCGILLIVRAY BLACK</persName> </hi>, paying cashier at the London Joint Stock Bank head office. The memorandum asking for a cheque book was presented to me on September 9 between 10 and 11 o'clock in the morning, I believe, by prisoner. I was in the bank on September 13 when the cheque for £264 was presented to Mr. Law and saw the man who presented it. I formed the opinion that prisoner was the man who asked for the cheque book when I saw him at the police court. I presume I got the cheque book and gave it to him after taking the particulars and getting him to sign his name on the back of the memorandum as acknowledging receiving the cheque book. The book contained 200 cheques, Nos
<hi rend="largeCaps">DG</hi>—015001 to 015200. Ex
<lb/>hibits Nos. 1 and 4 are from the book I gave to the man I believe to be prisoner, being respectively numbers 3 and 4 in the book.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-174" type="witnessName">
<interp inst="t19091012-name-174" type="gender" value="male"/>
<interp inst="t19091012-name-174" type="surname" value="SERGEL"/>
<interp inst="t19091012-name-174" type="given" value="JAMES BRITTON"/>JAMES BRITTON SERGEL</persName> </hi>, paying cashier, London Joint Stock Bank, head office. On September 10 a cheque for £175 was presented to me for payment. I do not know who presented it. I cannot swear to prisoner being the man. I queried the drawing, and referred it to the senior in my division. He had had more experience than I had with regard to this particular signature. He told me it was all right, and I paid it. I think it was the fineness of the signature that struck me at first; but, anyhow, I did query it. I gave him 20 £5 notes and £75 gold.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-175" type="witnessName">
<interp inst="t19091012-name-175" type="gender" value="male"/>
<interp inst="t19091012-name-175" type="surname" value="VALENTINE"/>
<interp inst="t19091012-name-175" type="given" value="WILLIAM CHARLES"/>WILLIAM CHARLES VALENTINE</persName> </hi>, cashier, head office, London Joint Stock Bank. I have had 30 or 36 years' experience. I have examined exhibits 7, 8, 8A and 9, and in my opinion they were all written by the person that wrote the signature "W. Lambett." There is a similarity in the handwriting; I would not say a striking similarity.</p>
<p>Detective-inspector
<hi rend="smallCaps">WILLIAM NEWELL</hi>, City. On September 13, about 11 o'clock in the morning, I saw prisoner detained at the London Joint Stock Bank, Princes Street. Holding the cheque for £264 in</p>
<xptr type="pageFacsimile" doc="190910120046"/>
<p>my hand I said to him, "I understand that you have presented this cheque for payment. It is forged and you will be charged with forg
<lb/>ing and uttering it, well knowing it to have been forged. "He said, "I did not know it was forged. I got it from a man to whom I had been introduced by another man, who said he had got it and some money from a 'can' at Alexandra Park races on Saturday. It is sweet." By the expression "sweet" I took it that he meant the cheque was easy to cash. He said the other man asked him to get £64 gold. A "can" means a person who is easily duped, in other words a "mug." He was taken to the Old Jewry and detained, and there he made a further statement, which I reduced to type. At the Mansion House Police Court, on September 20, prisoner asked to see me. I had to get permission from the clerk of the court before I could go below. When he was brought into the room he said, "Mr. Newell, I wish to turn King's evidence. "I then told him that I must caution him, and anything he said might be used in evidence against him, and it was a matter entirely for himself whether he told me anything or not. He said he wished to do so and commenced telling me the same story that he had told me at the Old Jewry. I then said to him, "If you are going to tell me the same story that you told me before, I have it typewritten in my pocket. "I said, "I will read it to you, and if you agree with it, you can sign it, or, if you wish to make any altera
<lb/>tions, you can do so. "I read the statement to him and he said, "It is quite true." I said, "Do you wish to make any alteration or add anything to it?" He said, "No." I obtained pen and ink and said, "You had better write at the bottom, 'I make this statement quite voluntarily and of my own free will.'" He) then wrote that down and signed his name. (The statement was read, the effect of it being to show that on September 10, when the cheque for £175 was cashed, prisoner was in the North of England. "I have been let into this. Last Wednesday (September 8) I was at Doncaster races. I went on to Manchester and stayed with Mrs. Whitehead, 72, Copeland Street, on Thursday and Friday (September 9 and 10) and then went on to Leeds, where I stayed with my sister, Mrs. Harris, 26, Victoria Place, Leeds. On Sunday (September 12), about 3.45 p.m., I received a telegram, which was handed in at London at 3.20 p.m., signed 'Alf.' The purport of the telegram was 'Come to London immediately. Im
<lb/>portant. Thinking the telegram was from Abe Kamms, whom I have known for about three years, having met him at race meetings, and that he wanted me to go to Yarmouth races with him, I left Leeds by the 5.25 p.m. train for London. Upon arriving in London, I went to a gaming house in Greenfield Street, Commercial Road, to see if I could find Kamms, but he was not there. I then inquired at the butcher's shop, Commercial Road, but he was not there. I afterwards saw him at the corner of New Road, Commercial Road. Kamms said he had some business to-morrow, and asked me to meet him outside the 'Unicorn' public-house, Shoreditch, the following morning. I met him as requested, when he introduced me to two foreigners, the first aged 43 or 45, height 5 ft. 3 in. or 4 in., hair and</p>
<xptr type="pageFacsimile" doc="190910120047"/>
<p>moustache black, fresh complexion, stout build, dressed in dark clothes, black overcoat, dark tie; the second, aged 32 or 33, height 5 ft. 5 in. or 6 in., hair and moustache fair, fresh complexion, stout build, and carried a silver-mounted umbrella. I do not know their names, and have never seen them before. We all went to the 'Wooden Shoes' public-house, Bishopsgate Street, where the two foreigners had brandy and Kamms and myself had whiskeys. The dark man then gave me the cheque in an envelope, and asked me to go with him to the bank. He told me to ask for £64 gold, ten £10 notes and 20 £5 notes. I and the dark man went to the bank. He waited outside. We were to meet the other two on the steps of the General Post Office half an hour after we left.")</p>
<p>Verdict:
<rs id="t19091012-38-verdict-1" type="verdictDescription">
<interp inst="t19091012-38-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-38-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty.</rs> Prisoner confessed to a conviction at Bradford Quarter Sessions on June 29, 1903.</p>
<p>Sergeant
<hi rend="smallCaps">HENRY REDMAN</hi>, West Riding Constabulary, proved the conviction, and stated that he knew prisoner as attending race meetings.</p>
<p>Sentence,
<rs id="t19091012-38-punishment-42" type="punishmentDescription">
<interp inst="t19091012-38-punishment-42" type="punishmentCategory" value="imprison"/>
<interp inst="t19091012-38-punishment-42" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-38-19091012 t19091012-38-punishment-42"/>Five years' penal servitude</rs>.</p> </div1>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE RENTOUL</hi>.</p>
<p>(Thursday, October 14.)</p>
<div1 type="trialAccount" id="t19091012-39">
<interp inst="t19091012-39" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-39" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-39-charge-1" targOrder="Y" targets="def1-39-19091012 t19091012-39-offence-1 t19091012-39-verdict-1"/>
<p>
<persName id="def1-39-19091012" type="defendantName">
<interp inst="def1-39-19091012" type="gender" value="male"/>
<interp inst="def1-39-19091012" type="age" value="21"/>
<interp inst="def1-39-19091012" type="surname" value="OWEN"/>
<interp inst="def1-39-19091012" type="given" value="CHARLES"/>
<interp inst="def1-39-19091012" type="occupation" value="tailor"/>
<hi rend="largeCaps">OWEN</hi> Charles (21, tailor)</persName>
<rs id="t19091012-39-offence-1" type="offenceDescription">
<interp inst="t19091012-39-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091012-39-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, who
<hi rend="smallCaps">
<rs id="t19091012-39-verdict-1" type="verdictDescription">
<interp inst="t19091012-39-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091012-39-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> at the September Sessions (see page 579) of shop breaking, larceny, and receiving stolen goods, was brought up for judgment.
<hi rend="italic">
<rs id="t19091012-39-punishment-43" type="punishmentDescription">
<interp inst="t19091012-39-punishment-43" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19091012-39-punishment-43" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-39-19091012 t19091012-39-punishment-43"/>He was released on his own recognisances in £10 to come up for judgment if called upon.</rs> </hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t19091012-40">
<interp inst="t19091012-40" type="uri" value="sessionsPapers/19091012"/>
<interp inst="t19091012-40" type="date" value="19091012"/>
<join result="criminalCharge" id="t19091012-40-charge-1" targOrder="Y" targets="def1-40-19091012 t19091012-40-offence-1 t19091012-40-verdict-1"/>
<join result="criminalCharge" id="t19091012-40-charge-2" targOrder="Y" targets="def1-40-19091012 t19091012-40-offence-2 t19091012-40-verdict-1"/>
<join result="criminalCharge" id="t19091012-40-charge-3" targOrder="Y" targets="def1-40-19091012 t19091012-40-offence-3 t19091012-40-verdict-1"/>
<p>
<persName id="def1-40-19091012" type="defendantName">
<interp inst="def1-40-19091012" type="gender" value="male"/>
<interp inst="def1-40-19091012" type="age" value="32"/>
<interp inst="def1-40-19091012" type="surname" value="FLITTON"/>
<interp inst="def1-40-19091012" type="given" value="FREDERICK WILLIAM"/>
<interp inst="def1-40-19091012" type="occupation" value="accountant"/>
<hi rend="largeCaps">FLITTON</hi> Frederick William (32, accountant)</persName>
<rs id="t19091012-40-offence-1" type="offenceDescription">
<interp inst="t19091012-40-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091012-40-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>; on
<rs id="t19091012-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19091012-40-offence-1 t19091012-cd-3"/>February 4, 1908</rs>, stealing £28 1s. 6d., the moneys of
<persName id="t19091012-name-178" type="victimName">
<interp inst="t19091012-name-178" type="gender" value="male"/>
<interp inst="t19091012-name-178" type="surname" value="RUSSELL"/>
<interp inst="t19091012-name-178" type="given" value="WILLIAM HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-40-offence-1 t19091012-name-178"/>William Henry Russell</persName>, his master;</rs>
<rs id="t19091012-40-offence-2" type="offenceDescription">
<interp inst="t19091012-40-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19091012-40-offence-2" type="offenceSubcategory" value="embezzlement"/>on
<rs id="t19091012-cd-4" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19091012-40-offence-2 t19091012-cd-4"/>December 5, 1906</rs>, embezzling and stealing an order for the payment of £12 3s., and that sum in money, of the property and moneys of
<persName id="t19091012-name-179" type="victimName">
<interp inst="t19091012-name-179" type="gender" value="male"/>
<interp inst="t19091012-name-179" type="surname" value="RUSSELL"/>
<interp inst="t19091012-name-179" type="given" value="WILLIAM HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19091012-40-offence-2 t19091012-name-179"/>William Henry Russell</persName>, his master;</rs>
<rs id="t19091012-40-offence-3" type="offenceDescription">
<interp inst="t19091012-40-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t19091012-40-offence-3" type="offenceSubcategory" value="forgery"/> forging and uttering, knowing the same to be forged, an endorsement on order for the payment of £6 5s., with intent to defraud; forging and utter
<lb/>ing, knowing the same to be forged, an endorsement on order for the payment of £7 17s. 3d., with intent to defraud; forging and uttering, knowing the same to be forged, an endorsement on order for the payment of £4 17s. 3d., with intent to defraud.</rs> </p>
<p>Mr. Huntly Jenkins and Mr. Roome prosecuted; Mr. George Elliott, K. C., and Mr. Slater defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-180" type="witnessName">
<interp inst="t19091012-name-180" type="gender" value="male"/>
<interp inst="t19091012-name-180" type="surname" value="RUSSELL"/>
<interp inst="t19091012-name-180" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY RUSSELL</persName> </hi>, Devonshire Nurseries, Haverstock Hill. Prisoner has been in my employment about four years. He had general charge of the cash and books. At first he kept the ledger only and afterwards became confidential clerk. He had supervision of all the books. Miss Nye is the cashier. When cheques or cash are paid in it is her duty to give receipts and then hand the cash and cheques to Flitton to pay into the bank. She then enters them in a rough cash book. If Flitton received a cheque from a customer</p>
<xptr type="pageFacsimile" doc="190910120048"/>
<p>it would be his duty to take it to Miss Nye or give a receipt for it and then pay it into the bank after it was endorsed. He was supposed to tell Miss Nye so that she could enter it in her rough book. At the end of the day the cash-book would be made up from the rough cash-book by Flitton. The banking account was at Lloyds, Hampstead branch. I had also a small account at the London and South Western, Hampstead branch. Flitton had no authority to pay cheques into his own bank. When I was away, so as not to delay paying into the bank, he was allowed to endorse cheques in my name provided it was paid into my bank. After prisoner had been with me some time we had a conversation about the auditors. I was paying about £42 a year to them. Flitton said that expense could be saved as he could get the balance-sheet out in a very few hours, and that he really did all the work. A little time afterwards I acted upon his suggestion. As near as I can recollect we finished with the auditors at Christmas, 1906. That was the last independent audit. From then to the end of 1908 prisoner had absolute control of all the books. Early this year I called in a chartered accountant, Mr. Merritt. I have a customer named Mrs. Austin. In December, 1908, she owed £12 3s. Mr. Merritt showed me a line fitted in at the top of a page in the cash-book "Mrs. Austin by cash £12 3s." I have customers named Kearley and Eves. I spoke to prisoner about a cheque of Mr. Eves' for £7 17s. 3d. I told him Eves had written that he had paid his account. I said we could find no entry. He said, "It is funny; I will look at it when I come in; possibly I put it on a slip when I paid it into the bank and it would not show in the paying-in book; I will make inquiries when I go to the bank." In consequence of what Mr. Eves told me, I went to the police. The cheques for £4 17s. 3d., £6 5s. and £7 17s. 3d. are endorsed by Flitton. He had no authority to pay those into his own bank. Mrs. Austin's receipt for £12 3s. is signed by Flitton. As a result of investigation by the auditor I wrote prisoner and he replied. There is no truth in the suggestions in his letter. I never bought a machine from Mr. Henshaw. It was never on my premises to my knowledge He never paid the Hampstead Borough Council one penny for me. As far as we can trace, every penny has been paid by ourselves. The cheque for £2 0s. 2d. handed to me was drawn and signed by me. It was payable to order. "Bearer" has been written on and "J. B." put at the side. That has not been done by me. It looks like Flitton's initials. Cheques returned from the bank at that time would be received by Flitton. He usually got the pass-book from the bank; if I got it I should hand it to him. I paid Flitton £2 a week at first, and afterwards £2 10s.</p>
<p>(Friday, October 15.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-181" type="witnessName">
<interp inst="t19091012-name-181" type="gender" value="male"/>
<interp inst="t19091012-name-181" type="surname" value="RUSSELL"/>
<interp inst="t19091012-name-181" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY RUSSELL</persName> </hi>, further examined. There is no truth in the suggestion that prisoner paid cheques to Skelding and Holland or to Hibbert for me. He has never given White, my buyer at</p>
<xptr type="pageFacsimile" doc="190910120049"/>
<p>Covent Garden Market, cheques other than those I signed. He lent my brother £11 5s. That was a matter between themselves. He has never expended one shilling on my behalf. If he bought anything for me it would be paid in the usual way. I never authorised him to pay anything for me except with my own money.</p>
<p>Cross-examined. I know your case is that Flitton has on various occasions advanced money for my business. I absolutely deny it. For two or three years I have been engaged in building speculations as well as being a nurseryman. They have been very successful, as the books will prove, otherwise I should not have been able to carry On, what I have been robbed. Prisoner has not during the last few years been more engaged with the building speculations than the nursery business. He never had anything to do with the building except in the office at the nursery. If he went to the building he went on his own account. He had no right at the building. All he had to see to was the paying of the accounts. I might have sent him down on a trivial thing. He was not there at least half his time. During the last two years I have been in financial difficulties. My banking account at Lloyds has not been overdrawn all that time. It was not overdrawn £1,700 about the end of last year. There was a balance in my favour then of £870. It is not the fact that over and over again the bank would not advance me money. They always met my wages cheque, but sometimes they objected to any other cheques being drawn. It was not a matter of importance sometimes for me to be able to have even a small amount of money to make up my market accounts. I have no recollection of post-dating small cheques. I have post-dated cheques. (Several cheques were put to the witness, who admitted that he had post-dated some small cheques.) Prisoner has never advanced money to Hibbert and Skelding on my account to my knowledge. He went to sales for me and bought stuff for his own account or for another buyer. The £23 13s. 4d. cheque is nothing to do with me; if it is it should appear in my books. When I was building I bought things in advance; possibly he was also. He built two houses. There was never a joint purchase of materials. I had transactions in accommodation bills with a Mr. Miroy, of Wood Street, E. C. It is an absolute lie that Flitton on one occasion had to provide me with money to take up a bill. The loan account in the ledger is entirely prisoner's manipulation. He has made a mistake in manipulating it too much. I am supposed to borrow or lend 30s., and yet it is paid back on Christmas Day, when the shop is closed. I believe he was away then at Weston-super-Mare; he said he was going. He possibly put 30s. into my business, knowing he was taking my cheques at the time, to complicate matters. I had not the slightest to do with buying Henshaw's hay cutting machine, except that he and Flitton asked if I had any objection to Flitton buying it to make a profit out of it, and I said "No; I shall be glad if you can make £10 out of it." I knew nothing of the cheque for £2 0s. 2d. given to the Hampstead Borough Council until the charge came on at the police court. I do not think Flitton asked me to sign a cheque for the electric light. If he had done so I should have signed it. At that</p>
<xptr type="pageFacsimile" doc="190910120050"/>
<p>time the Hampstead Borough Council owed me about £150, and if I made out the £2 0s. 2d. cheque they would have paid me. I did not refuse to sign it. It was not changed from "order" to "bearer' because it was not to be paid to them. The initials "R." are not mine. Flitton drew the cheque for me to sign on November 6. I did not refuse to sign it on that date. I did not know that in order to get the £150 from the Borough Council he gave a cheque of his own. If I wrote a cheque for £2 0s. 2d. what is the object of paying it into my own bank? Flitton never advanced one penny for wages or the market. I know nothing about the cheques numbered 12 to 17. I could not say if the bodies of the cheques are made out by one of my employes. I do not know the handwriting; it does not look like Flitton's. There is no attempt to disguise his writing in the cheques the subject of the charge. Flitton was always trying to inflame me against the auditors. He was always showing me they were making mistakes, that we were paying a lot of money, and it was no good. I was a little incensed with them and they with me. I do not think both auditors retained my ledgers because I would not pay them their account. There was some bother with them and I believe it was under Flitton's instructions I should not send them the cheque until they returned the books. I believe you will find letters to that effect written by Flitton. I did not reply to Flitton's letter of May 19; I thought it wiser to send it to my solicitor to deal with. It was not at my request that Flitton lent my brother £11 5s. My brother was staying with me over Christmas; he was ill, and wanted to send a cheque for his Christmas rent. At that time I could have written a cheque for £1,000, so what was the object of my borrowing £11 5s.? When Flitton left me he owed me £40. He came up to offer £20 and, knowing how things were going, I thought it would be better for him to pay the money to my own. brother and get it that way if I could. Flitton did not advance me £7 16s. 6d. for market purchases on October 31, 1908, or £3 12s. 6d. on November 6, or £12 5s. in December. I have never had any dealings with Westwood; he is a publican that Flitton owes £40 to. I do not know him. He has served me with a writ lately. I know a paperhanger named Gilbert He did some work for me at the end of last year and for Flitton, too. The cheque shown to me is not paid for my account. The £11 5s. cheque to my brother ought to be entered in my books; we have never settled up with my brother. The accountants asked me what they should do about it, and I said while these proceedings were on they had better let it alone. My brother is a debtor to me for that. Towards the end of last year my banking account was drawn right up to the hilt. When the wages account exceeded what I was allowed. to draw from the bank I would send a cheque to Lees to cash. Flitton had the making up of the wages book and I cannot see why he should not have drawn the cheques for the correct amount. I have never been refused wages if my account was ever so much overdrawn.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-182" type="witnessName">
<interp inst="t19091012-name-182" type="gender" value="female"/>
<interp inst="t19091012-name-182" type="surname" value="NYE"/>
<interp inst="t19091012-name-182" type="given" value="ANNIE"/>ANNIE NYE</persName> </hi>, 147, Haverstock Hill. I have been clerk to Mr. Russell about seven years. I keep the rough cash book, in which I enter all cheques and moneys received. Mr. Russell or I would hold</p>
<xptr type="pageFacsimile" doc="190910120051"/>
<p>the cheques until they were handed to Mr. Flitton to be banked. At the end of the day the book is totalled up. It was not Flitton's duty to make any entries in that book. He was supposed to check the additions when he received the cheques or after paying them into the bank. Sometimes he did not. He kept all the books with the excep
<lb/>tion of the rough cash book and petty cash book. When he received cheques from customers he ought to have told me. Mrs. Austin's cheque for £12 3s. is not entered. There is an entry on December 22 for £4 17s. 3d. It is not in my writing. It ought to have been if I had received the money. When I totalled that column that entry was not there. It has been put in afterwards. It is in Flitton's handwriting. Eves' £7 17s. 3d. is not entered. I did not receive the money. Holman's £6 5s. is not entered.</p>
<p>Cross-examined. I am a distant relative of Mr. Russell. All cheques ought to pass through my hands, then they would be given to Mr. Flitton. I do not know if they went through anybody else's hands. The letters in the morning would go to Mr. Russell's private house as a rule, and he would bring down to the office any cheques that were sent in them. He generally gave them to Mr. Flitton, who gave them to me. I always entered the cheques I had. I did not over and over again forget to make entries. There are several entries in the rough cash book made by Flitton. If I did not see the cheques I could not enter them. In cases like Kearley's he would say I had not made the entry; but I had not seen the cheque. I have not compared the rough cash book with the cash book that Flitton used to make up day by day. I do not remember handing Flitton Mrs. Austin's cheque. I do not remember anything about it at all. I do not remember him handing me the cheque with an account showing what he had advanced in respect of Mr. Russell's business. The balance was not made up by a payment to me of £1 12s. 10d. I have no recollection of his taking cheques from me on account of advances he had made. I did not know he had advanced any money.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-183" type="witnessName">
<interp inst="t19091012-name-183" type="gender" value="male"/>
<interp inst="t19091012-name-183" type="surname" value="EVES"/>
<interp inst="t19091012-name-183" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY EVES</persName> </hi>, J. P., 18, Brunswick Square. The cheque exhibit 7 was drawn by me in payment of what I owed Mr. Russell.</p>
<p>G. W.
<hi rend="smallCaps">KEARLEY</hi>, 9, Haverstock Hill. The cheque exhibit 5 was drawn by me in payment of a debt to Mr. Russell.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-184" type="witnessName">
<interp inst="t19091012-name-184" type="gender" value="male"/>
<interp inst="t19091012-name-184" type="surname" value="AN"/>
<interp inst="t19091012-name-184" type="given" value="WALTER HOLM"/>WALTER HOLM AN</persName> </hi>, 254, Westminster Bridge Road. This cheque for £6 5s. was drawn by me in payment of Mr. Russell's account.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-185" type="witnessName">
<interp inst="t19091012-name-185" type="gender" value="male"/>
<interp inst="t19091012-name-185" type="surname" value="STEVENS"/>
<interp inst="t19091012-name-185" type="given" value="LIONEL CHARLES"/>LIONEL CHARLES STEVENS</persName> </hi>, 153, Rathcoole Gardens, Hornsey, clerk to Mr. Russell. I received Mr. Kearley's cheque at his shop. I handed it to Flitton on my return to the office. When the monthly accounts were made out I noticed it had not been credited. I pointed this out to Flitton. He said, "Oh, is not that in; Polly must have missed it. "Polly is Miss Nye. He said he would see that it was entered. I spoke to him again about it; he said he would see to it. The endorsement is in his writing, I should say. The" £4 17s. 3d." in the rough cash book is in Flitton's writing, and is bracketed with the total. The other figures are Miss Nye's. This is the only cheque that has not been entered in the ledger. I would pay in cheques I</p>
<xptr type="pageFacsimile" doc="190910120052"/>
<p>collected to whoever happened to be about at the time; in preference I would have paid them to Flitton. I always held myself responsible for my collecting to Flitton, and I rendered to him an account of what I had collected. In some instances I gave the money to Miss Nye, but the greater part to Flitton. I do not know, and have not been informed, that the £4 17s. 3d. was entered in the rough cash book on December 22. I should say the second occasion on which I spoke to Flitton about it would be after December 24 because we should not send out the accounts till the end of the month.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-186" type="witnessName">
<interp inst="t19091012-name-186" type="gender" value="male"/>
<interp inst="t19091012-name-186" type="surname" value="MOSELY"/>
<interp inst="t19091012-name-186" type="given" value="ALEC JOHN"/>ALEC JOHN MOSELY</persName> </hi>, 2, Argyle Mansions, Cricklewood, clerk, London and South Western Bank, Cricklewood Branch. I produce four paying-in slips used for paying in amounts to prisoner's account; also three cheques which have been paid through the bank. The endorsements purport to be in the handwriting of J. Russell. They might be in Flitton's. They form part of the paying-in slips, three of which are in Flitton's writing and one in that of the cashier. He had small credit balances in November and December; on Decem
<lb/>ber 24 there was an overdraft of 12s. 9d.; on January 1 a credit balance of £23 14s. 7d., and on January 9 £6 7s. 3d.</p>
<p>Cross-examined. The account is still open. There is no balance there at all.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-187" type="witnessName">
<interp inst="t19091012-name-187" type="gender" value="male"/>
<interp inst="t19091012-name-187" type="surname" value="STRINGER"/>
<interp inst="t19091012-name-187" type="given" value="GEORGE ERNEST"/>GEORGE ERNEST STRINGER</persName> </hi>, 44, Wilsons Road, Hornsey, senior clerk to Mr. Merritt, accountant. I see there is an entry in the cash book at folio 89 on the top line of Mrs. Austin £12 3s. It was not there when I first examined the book. There is no date against it.</p>
<p>Cross-examined. I first examined the book about March this year. I could not say if this book has been under defendant's control subsequent to my seeing it. As far as I know, at the time I was called in and examined this book it had never been under defendant's control.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-188" type="witnessName">
<interp inst="t19091012-name-188" type="gender" value="male"/>
<interp inst="t19091012-name-188" type="surname" value="MERRITT"/>
<interp inst="t19091012-name-188" type="given" value="HENRY CHARLES"/>HENRY CHARLES MERRITT</persName> </hi>, chartered accountant, 41, Finsbury Square. In February last Mr. Russell instructed me to audit his books. My clerk attended first of all, and then I attended to clear up his queries. At folio 39 in the ledger there is an entry of £12 3s., dated September 30, to Mrs. Austin's credit. There is a similar entry on the top line of that date in the cash book at page 89; it comes between November 14 and November 16. That amount is not included in the cost. In the ledger the entry is made on September 30. At page 92 of the ledger, Eves' account, there is a debit balance of £7 17s. 3d. and a note "Paid, not to render"; at page 594, Holman's account, £6 5s. debit balance, and the note there again "Paid"; both are in pencil. At page 327 in the petty ledger, Kearley's account, there is a pencil note "Paid. Received L. C. Stevens"; the date of this is December 18, 1908, and the receipt number is given. Those pencil marks were not made on our in
<lb/>structions; they were there when we took this matter over. At page 268 of the ledger, Kearley's account, there is a pencil note "February 4 by cash £28 1s. 6d." There is no corresponding entry in the cash or rough cash books. That amount appears in the paying
<lb/>in slip, and forms part of the item £43 16s. 9d. In the cash book</p>
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<p>at page 271 is a details column £43 16s. 9d. That was the amount that was paid into the bank. The cash book should contain an item of £28 1s. 6d. in the details column; it does not appear there. I had defendent over to my office and asked him with regard to the queries. I asked him if he minded my taking a note of what he told me; he said he had no objection. I had a great number of queries, and I picked out these principal ones. I went through them with him, and then he said it was a matter of account. Then I asked him for an account, and asked how long it would tike, he said he should think a couple of hours. He was to let me have it that night. As I did not get it I. either wrote or telephoned him that I was wanting it. I telephoned and wrote twice or thrice. The last time I phoned he said he would send it the following Thursday. As he did not do so I told him I should write Mr. Russell to forward further instructions, which I did. I have not received his account to this day.</p>
<p>Cross-examined. Flitton did not say he wanted me to let him have an account of any amounts that I could not trace. He did not say if they concerned him he would let me have his account in a couple of days. I asked for two accounts which had relation to Jupp, who had embezzled. I had a list of the principal queries, and asked him about a certain one. He said, "That matter refers to Jupp." Mrs. Austin's cheque for £12 3s. was paid by her on December 7, 1908. Under that 'date there is no entry in the book of its having been received. It is entered between November 14 and 16. It is entered in the ledger on September 30. I do not know that it is Flitton's writing; it is only what I had been told. My clerk pointed out to me that there was an item booked to Austin of £12 3s., which was supposed to be on folio 89 of the cash book. I turned up that folio and the first item that caught my eye was the £12 3s. I said, "How is this?" He said, calling back the book, there was no such item on that page; then when I looked at the cast it was not in the cast. My clerk told me it was not there when he made his first audit. The rough cash book shows on one side the amounts received and on the other the amounts expended by Miss Nye. There is no instance of Flitton's name occurring there, or of any advance from or payment to Flitton. Of course, I have not done every item myself.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-189" type="witnessName">
<interp inst="t19091012-name-189" type="gender" value="male"/>
<interp inst="t19091012-name-189" type="surname" value="HENSHAW"/>
<interp inst="t19091012-name-189" type="given" value="ARTHUR"/>ARTHUR HENSHAW</persName> </hi>, 13, Eton Terrace, Eton Road, Hampstead. In November, 1908, I had a chaff cutting machine. I believe Flitton. heard me trying to sell it to Mr. Russell. Russell refused to buy it. Flitton asked me all about the machine. I told him it was made by Crossleys, that it was a good machine and worth £30. Flitton said if Russell would not buy it he would give me £15 for it. I sold it for that. He said he knew where to sell it for £25, and if he got £25 I should have another £5. I think Russell had left when Flitton talked about buying it. The machine was to be delivered at Russell's to Mr. Flitton; then Flitton would arrange where it was to go Flit
<lb/>ton paid for it. He gave me a cheque for £5 on account. A fort
<lb/>night after that I asked him for another £5 on account. He said he</p>
<xptr type="pageFacsimile" doc="190910120054"/>
<p>would post it to me that night. The cheque did not arrive. I saw him next morning at Russell's. He swore he had posted the cheque the night previous. I went to the post-office at Earl's Court to make inquiries; no such letter had been seen. I telephoned to Flitton. He said he had sent it. I saw him next day at Russell's shop, and I believe he wrote out a cheque and sent Russell's boy to the bank to cash it. He gave me £5 in cash, and he made the third payment in cash. Russell did not pay me a cent.</p>
<p>Cross-examined. My wife has been in Mr. Russell's employment about 20 years. I used to go there to meet my wife. That is how I got to know Flitton. Things were not going very well with me at the time of this transaction. I was not threatened with bank
<lb/>ruptcy proceedings. A creditor was pressing me for £60; I offered £30, which he would not accept. I do not know that things were look
<lb/>ing a little bit dicky; I thought the business would pull round. I wanted to sell the machine because it was absolutely useless to me, as I had lost two of my biggest customers. I believe Russell was present when Flitton gave me the first cheque. He was not present when Flitton sent the boy to cash the cheque. I know nothing about Russell's affairs at the bank. I do not know why the machine was sent to Russell's. Flitton did not tell me who was buying it from him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19091012-name-190" type="witnessName">
<interp inst="t19091012-name-190" type="gender" value="male"/>
<interp inst="t19091012-name-190" type="surname" value="WHITE"/>
<interp inst="t19091012-name-190" type="given" value="CHARLES EDWARD"/>CHARLES EDWARD WHITE</persName> </hi>, buyer for Mr. Russell at Covent Garden Market. I used to go to market every day except Sundays. Flitton used to give me money for market purchases, sometimes a cheque; sometimes he told Miss Nye to give me cash. With two exceptions all the cheques I got from Flitton were signed by him; the exceptions were October 1 and December 30, 1908. On December 30 I went for £5 cash for the market and he said, "I owe Miss Nye £5; this will do in payment of it," and he gave me a cheque with which I got the goods. I made a note at the time of the number of the cheque in this book, which I used to jot the cash down nightly; it is B 30194. I have not had the cheques 30195 and 30196 or the one for £4 dated November 11. I believe I have entered in my book every cheque I had. On November 11 I had cash £2 10s. I got that from Mr. Russell; it might have been Miss Nye. If I received a cheque on the 11th it would be dated 10th. I did not have that. On the 12th I received a cheque from Mr. Russell. It would be dated for the 11th. It was No. 40—0 DA 54752, £4. I am quite sure I did not have a cheque from Flitton on that day. He gave me a cheque for £5 on January 8 for market on January 9. I did not use it. I took it to Mr. Russell and Mr. Russell said it was no use to him and told me to take it back to the shop, and he gave me £5 out of his own pocket. The shop was closed that night and I kept it, and after I returned from market I gave it to Miss Nye. It had got Flitton's name on it. I did not have the cheque for £10 dated January 1. I have never seen it. I had £3 cash. I did not have the cheque for £20 of January 6. I should not have a cheque for £20; I should have it split up. Since Christmas I have had in cash for market about £10. Cross-examined. I would not go every evening to Flitton for the money for market purposes next day. I could not say how often I went</p>
<xptr type="pageFacsimile" doc="190910120055"/>
<p>to him—when he was there, or probably I should go to Miss Nye. I would get money from somebody every evening. In Flitton and Miss Nye's absence I would go to Mr. Russell; that was very seldom. I do not think Flitton has ever told me he could not give me a cheque because things were not as they ought to be at the bank. I do not Know what Mr. Russell meant when he said the cheque I took to him was no good, except what I have said. Flitton said he owed Miss Nye £5 and he gave me that in place of me having £5 in cash. Beyond that I did not like the. idea of. having that cheque to go to market with, so I went to Mr. Russell. There was no trouble with cheques at the market. I did not like it because it was drawn by Flitton. It was a feeling I had at the time. I had put one there on December 31 and I did not feel confident in myself to take another. I often went to Miss Nye by Flit ton's direction, and she would give me cash for market purposes next day. I do not know that those