<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>1909, DECEMBER.</p>
<p>Vol. CLII.] Part 902.</p>
<p>Sessions Paper.</p>
<p>KNILL, MAYOR.</p>
<persName id="t19091207-name-1">
<interp inst="t19091207-name-1" type="gender" value="male"/>
<interp inst="t19091207-name-1" type="surname" value="WALPOLE"/>
<interp inst="t19091207-name-1" type="given" value="GEORGE"/>GEORGE WALPOLE</persName>,</p>
<p>Shorthand Writer to the Court.</p>
<p>EDITED BY</p>
<p>[Published by Annual Subscription.]</p>
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<p>LONDON, E. C.</p>
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<p>On the King's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Tuesday, December 7th, 1909, and following days.</p>
<p>Before the Right Hon. Sir
<hi rend="largeCaps">
<persName id="t19091207-name-2" type="judiciaryName">
<interp inst="t19091207-name-2" type="gender" value="male"/>
<interp inst="t19091207-name-2" type="surname" value="KNILL"/>
<interp inst="t19091207-name-2" type="given" value="JOHN"/>JOHN KNILL</persName> </hi>, Baronet,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; the Hon. Sir
<hi rend="smallCaps">ARTHUR MOSELEY CHANNELL</hi>, Knight one of the Justices of His Majesty's High Court; Sir
<hi rend="smallCaps">
<persName id="t19091207-name-3" type="judiciaryName">
<interp inst="t19091207-name-3" type="gender" value="male"/>
<interp inst="t19091207-name-3" type="surname" value="KNIGHT"/>
<interp inst="t19091207-name-3" type="given" value="HENRY EDMUND"/>HENRY EDMUND KNIGHT</persName> </hi>, Knight; Sir
<hi rend="smallCaps">
<persName id="t19091207-name-4" type="judiciaryName">
<interp inst="t19091207-name-4" type="gender" value="male"/>
<interp inst="t19091207-name-4" type="surname" value="DAVIES"/>
<interp inst="t19091207-name-4" type="given" value="HORATIO DAVID"/>HORATIO DAVID DAVIES</persName> </hi>, K. O. M. G.; Sir
<hi rend="smallCaps">
<persName id="t19091207-name-5" type="judiciaryName">
<interp inst="t19091207-name-5" type="gender" value="male"/>
<interp inst="t19091207-name-5" type="surname" value="POUND"/>
<interp inst="t19091207-name-5" type="given" value="JOHN"/>JOHN POUND</persName> </hi>, Bart.; Sir
<hi rend="smallCaps">T. VBZBX STRONG</hi>, Knight; Sir
<hi rend="smallCaps">T. VANSITTART BOWATER</hi>, Knight; and
<hi rend="smallCaps">
<persName id="t19091207-name-6" type="judiciaryName">
<interp inst="t19091207-name-6" type="gender" value="male"/>
<interp inst="t19091207-name-6" type="surname" value="STANHOPE"/>
<interp inst="t19091207-name-6" type="given" value="FRANCIS"/>FRANCIS STANHOPE</persName>, HANSON</hi>, Esq., Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t19091207-name-7" type="judiciaryName">
<interp inst="t19091207-name-7" type="gender" value="male"/>
<interp inst="t19091207-name-7" type="surname" value="FULTON"/>
<interp inst="t19091207-name-7" 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; His Honour Judge
<hi rend="smallCaps">
<persName id="t19091207-name-8" type="judiciaryName">
<interp inst="t19091207-name-8" type="gender" value="male"/>
<interp inst="t19091207-name-8" type="surname" value="SMITH"/>
<interp inst="t19091207-name-8" type="given" value="LUMLEY"/>LUMLEY SMITH</persName> </hi>, K. C., Commissioner; and His Honour Judge
<hi rend="smallCaps">RENTOUL</hi>, K. C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-9" type="judiciaryName">
<interp inst="t19091207-name-9" type="gender" value="male"/>
<interp inst="t19091207-name-9" type="surname" value="ROLL"/>
<interp inst="t19091207-name-9" type="given" value="JAMES"/>JAMES ROLL</persName> </hi>, Esq.</p>
<hi rend="smallCaps">RALPH SLAZENOER</hi>, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">J. D. LANGTON</hi>, Esq.</p>
<hi rend="smallCaps">W. J. B. TIPPETTS</hi>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">KNILL, MAYOR. SECOND SESSION</hi>.</p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Tuesday, December 7.)</p> </div1>
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<hi rend="largeCaps">THOMSON</hi>, Frederick Samuel Hahnemann (55, no occupation)</persName>
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<interp inst="t19091207-1-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19091207-1-offence-1" type="offenceSubcategory" value="libel"/>, who
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<rs id="t19091207-1-verdict-1" type="verdictDescription">
<interp inst="t19091207-1-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-1-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> at the November Sessions (see page 88) of mali
<lb/>ciously publishing certain defamatory libels of and concerning
<persName id="t19091207-name-11" type="victimName">
<interp inst="t19091207-name-11" type="gender" value="male"/>
<interp inst="t19091207-name-11" type="surname" value="ALBU"/>
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<join result="offenceVictim" targOrder="Y" targets="t19091207-1-offence-1 t19091207-name-11"/>Leo
<lb/>pold Albu</persName> and
<persName id="t19091207-name-12" type="victimName">
<interp inst="t19091207-name-12" type="gender" value="male"/>
<interp inst="t19091207-name-12" type="surname" value="ALBU"/>
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<join result="offenceVictim" targOrder="Y" targets="t19091207-1-offence-1 t19091207-name-12"/>George Albu</persName>,
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<rs id="t19091207-1-punishment-1" type="punishmentDescription">
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<join result="defendantPunishment" targOrder="Y" targets="def1-1-19091207 t19091207-1-punishment-1"/>was now released on his own recogni
<lb/>sances in £250 to come up for judgment if called upon.</rs> </hi> </rs> </p> </div1>
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<hi rend="largeCaps">WILLIAMS</hi>, Joseph (21, clerk)</persName>
<rs id="t19091207-2-offence-1" type="offenceDescription">
<interp inst="t19091207-2-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091207-2-offence-1" type="offenceSubcategory" value="forgery"/>, who
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<rs id="t19091207-2-verdict-1" type="verdictDescription">
<interp inst="t19091207-2-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-2-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> at the Novem
<lb/>ber Sessions (see page 12) of uttering, knowing the same to be forged, an order for the payment of £6 2s. 6d., with intent to defraud, was brought up for judgment.</rs> </p>
<p>Mr. Arthur Playle, an officer in the Salvation Army, having under
<lb/>taken to obtain him employment,
<rs id="t19091207-2-punishment-2" type="punishmentDescription">
<interp inst="t19091207-2-punishment-2" type="punishmentCategory" value="miscPunish"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-2-19091207 t19091207-2-punishment-2"/>prisoner was released on his own re
<lb/>cognisances in £25 to come up for judgment if called upon.</rs> </p> </div1>
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<hi rend="largeCaps">GOODSWIN</hi>, Walter (48, traveller)</persName>
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<interp inst="t19091207-3-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> at the
<rs id="t19091207-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19091207-3-offence-1 t19091207-cd-1"/>November</rs> Sessions (see page 78) of obtaining by false pretences from
<persName id="t19091207-name-15" type="victimName">
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<join result="offenceVictim" targOrder="Y" targets="t19091207-3-offence-1 t19091207-name-15"/>Travers and Sons, Limited</persName>, two cases of whisky; from
<persName id="t19091207-name-16" type="victimName">
<interp inst="t19091207-name-16" type="gender" value="male"/>
<interp inst="t19091207-name-16" type="surname" value="BROOKS"/>
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<join result="offenceVictim" targOrder="Y" targets="t19091207-3-offence-1 t19091207-name-16"/>Herbert John Walter Brooks</persName>, and said Travers and Sons, Limited, one case of whisky and one case of port wine; from
<persName id="t19091207-name-17" type="victimName">
<interp inst="t19091207-name-17" type="gender" value="male"/>
<interp inst="t19091207-name-17" type="surname" value="SMITH"/>
<interp inst="t19091207-name-17" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-3-offence-1 t19091207-name-17"/>William Smith</persName> and
<persName id="t19091207-name-18" type="victimName">
<interp inst="t19091207-name-18" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-3-offence-1 t19091207-name-18"/>Charles Kinloch and Company, Limited</persName>, one case of brandy and two cases of whisky; and from
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<interp inst="t19091207-name-19" type="gender" value="male"/>
<interp inst="t19091207-name-19" type="surname" value="TAYLOR"/>
<interp inst="t19091207-name-19" type="given" value="WALTER WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-3-offence-1 t19091207-name-19"/>Walter William Taylor</persName> and
<persName id="t19091207-name-20" type="victimName">
<interp inst="t19091207-name-20" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-3-offence-1 t19091207-name-20"/>H. T. Roydant and Company, Limited</persName>, two cases of whisky, in each case with intent to defraud,
<hi rend="italic">
<rs id="t19091207-3-punishment-3" type="punishmentDescription">
<interp inst="t19091207-3-punishment-3" type="punishmentCategory" value="miscPunish"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-3-19091207 t19091207-3-punishment-3"/>was now released on his own recognisances in £25 to come up for judgment if called upon.</rs> </hi> </rs> </p> </div1>
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<hi rend="largeCaps">BELLINGHAM</hi>, John, otherwise
<rs id="t19091207-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-4-19091207 t19091207-alias-1"/> Veryn </rs>(29, dealer)</persName>
<rs id="t19091207-4-offence-1" type="offenceDescription">
<interp inst="t19091207-4-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091207-4-offence-1" type="offenceSubcategory" value="receiving"/>,
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<rs id="t19091207-4-verdict-1" type="verdictDescription">
<interp inst="t19091207-4-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-4-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of receiving one mat, the goods of the
<persName id="t19091207-name-22" type="victimName">
<interp inst="t19091207-name-22" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-4-offence-1 t19091207-name-22"/>Aerated Bread Company, Limited</persName>, well knowing the same to have been stolen;</rs> and also con
<lb/>fessed to having been convicted at this Court on January 12, 1909, receiving six months' hard labour, for larceny, after a previous sum
<lb/>mary conviction.</p>
<rs id="t19091207-4-punishment-4" type="punishmentDescription">
<interp inst="t19091207-4-punishment-4" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-4-19091207 t19091207-4-punishment-4"/>Nine months' hard labour</rs>.</p> </div1>
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<interp inst="def1-5-19091207" type="gender" value="male"/>
<interp inst="def1-5-19091207" type="age" value="53"/>
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<hi rend="largeCaps">TAYLOR</hi>, Henry (53, warehouseman)</persName>
<rs id="t19091207-5-offence-1" type="offenceDescription">
<interp inst="t19091207-5-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t19091207-5-offence-1" type="offenceSubcategory" value="other"/>,
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<rs id="t19091207-5-verdict-1" type="verdictDescription">
<interp inst="t19091207-5-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of mali
<lb/>ciously damaging a plate glass window, the goods of
<persName id="t19091207-name-24" type="victimName">
<interp inst="t19091207-name-24" type="gender" value="male"/>
<interp inst="t19091207-name-24" type="surname" value="STURT"/>
<interp inst="t19091207-name-24" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-5-offence-1 t19091207-name-24"/>Henry Sturt</persName> and another, to the amount of £5 18s.</rs> </p>
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<p>Prisoner was stated to be of good character, and to have been in prosecutors' service for 35 years.
<rs id="t19091207-5-punishment-5" type="punishmentDescription">
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<join result="defendantPunishment" targOrder="Y" targets="def1-5-19091207 t19091207-5-punishment-5"/>Judgment was postponed to next Sessions.</rs> </p> </div1>
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<hi rend="largeCaps">WATTS</hi>, William (29, potman)</persName>
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<rs id="t19091207-6-verdict-1" type="verdictDescription">
<interp inst="t19091207-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-6-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of breaking and entering the
<persName id="t19091207-name-26" type="victimName">
<interp inst="t19091207-name-26" type="gender" value="male"/>
<interp inst="t19091207-name-26" type="surname" value="CHAPEL"/>
<interp inst="t19091207-name-26" type="given" value="BAPTIST"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-6-offence-1 t19091207-name-26"/>Baptist Chapel</persName>,
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<interp inst="t19091207-name-27" type="gender" value="male"/>
<interp inst="t19091207-name-27" type="surname" value="ROAD"/>
<interp inst="t19091207-name-27" type="given" value="HOLLOWAY"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-6-offence-1 t19091207-name-27"/>Holloway Road</persName>, and stealing therein one piece of chamois leather, the property of
<persName id="t19091207-name-28" type="victimName">
<interp inst="t19091207-name-28" type="gender" value="male"/>
<interp inst="t19091207-name-28" type="surname" value="BRAZIER"/>
<interp inst="t19091207-name-28" type="given" value="FREDERICK JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-6-offence-1 t19091207-name-28"/>Frederick James Brazier</persName> and others.</rs> </p>
<rs id="t19091207-6-punishment-6" type="punishmentDescription">
<interp inst="t19091207-6-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-6-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19091207 t19091207-6-punishment-6"/>Nine months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091207-7">
<interp inst="t19091207-7" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-7" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-7-charge-1" targOrder="Y" targets="def1-7-19091207 t19091207-7-offence-1 t19091207-7-verdict-1"/>
<join result="criminalCharge" id="t19091207-7-charge-2" targOrder="Y" targets="def1-7-19091207 t19091207-7-offence-2 t19091207-7-verdict-1"/>
<join result="criminalCharge" id="t19091207-7-charge-3" targOrder="Y" targets="def1-7-19091207 t19091207-7-offence-3 t19091207-7-verdict-1"/>
<persName id="def1-7-19091207" type="defendantName">
<interp inst="def1-7-19091207" type="gender" value="female"/>
<interp inst="def1-7-19091207" type="age" value="45"/>
<interp inst="def1-7-19091207" type="surname" value="COULING"/>
<interp inst="def1-7-19091207" type="given" value="EMMA"/>
<interp inst="def1-7-19091207" type="occupation" value="factory hand"/>
<hi rend="largeCaps">COULING</hi>, Emma (45, factory hand)</persName>
<rs id="t19091207-7-offence-1" type="offenceDescription">
<interp inst="t19091207-7-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091207-7-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, being the bailee of a watch and other articles, the goods of
<persName id="t19091207-name-30" type="victimName">
<interp inst="t19091207-name-30" type="gender" value="female"/>
<interp inst="t19091207-name-30" type="surname" value="SMITH"/>
<interp inst="t19091207-name-30" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-7-offence-1 t19091207-name-30"/>Sarah Smith</persName>, did feloniously steal the same:</rs>
<rs id="t19091207-7-offence-2" type="offenceDescription">
<interp inst="t19091207-7-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19091207-7-offence-2" type="offenceSubcategory" value="fraud"/>being the bailee of a piano, the property of
<persName id="t19091207-name-31" type="victimName">
<interp inst="t19091207-name-31" type="gender" value="male"/>
<interp inst="t19091207-name-31" type="surname" value="LINDSEY"/>
<interp inst="t19091207-name-31" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-7-offence-2 t19091207-name-31"/>Frederick Lindsey</persName>, did fraudulently convert the same to her own use</rs>;
<rs id="t19091207-7-offence-3" type="offenceDescription">
<interp inst="t19091207-7-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t19091207-7-offence-3" type="offenceSubcategory" value="fraud"/>being the bailee of certain furniture, the goods of
<persName id="t19091207-name-32" type="victimName">
<interp inst="t19091207-name-32" type="gender" value="male"/>
<interp inst="t19091207-name-32" type="surname" value="HINE"/>
<interp inst="t19091207-name-32" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-7-offence-3 t19091207-name-32"/>Frederick Hine</persName>, did fraudulently convert the same to her own use.</rs> </p>
<p>Mr. Anderson prosecuted.</p>
<p>Prisoner was tried on the indictment in respect of Lindsey.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-33" type="witnessName">
<interp inst="t19091207-name-33" type="gender" value="male"/>
<interp inst="t19091207-name-33" type="surname" value="LINDSEY"/>
<interp inst="t19091207-name-33" type="given" value="FREDERICK"/>FREDERICK LINDSEY</persName> </hi>, 2, Ellington Road, Islington, piano dealer. On December 30, 1908, prisoner, whom I identify, came to my shop and asked for a second-hand piano for the use of her lodgers. I sold her a small Boyd piano on the hire and purchase system for £14, to be paid 10s. down and 10s. per month. She signed agreement pro
<lb/>duced and the piano was delivered on December 8, 1908, at 36, Alwyne Road, Canonbury. The piano did not become her property until the whole of the £14 was paid and notice was to be given of removal. She gave notice of removal to 91, Burgoyne Road, Stoke Newington, and afterwards removed from there without notice. She has paid £4 in all. On November 8, 1909, I was shown my piano at Sydney Smith's, pawnbroker, Essex Road. I also identified there another piano which prisoner had also obtained from me.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-34" type="witnessName">
<interp inst="t19091207-name-34" type="gender" value="male"/>
<interp inst="t19091207-name-34" type="surname" value="PAGE"/>
<interp inst="t19091207-name-34" type="given" value="PERCY"/>PERCY PAGE</persName> </hi>, manager to Sydney Smith, pawnbroker, 178, Essex Road. On December 9, 1908, prisoner came to my shop, said she wished to pledge a piano which I could see at 36, Alwyne Road. I there saw the Boyd piano afterwards identified by the last witness as his property in the prisoner's presence. I agreed to advance £5 and asked her if the piano was her property. She handed me receipt produced, dated February 22, 1889, for £16 for furniture—she told me that the piano was included in the furniture sold to Mr. German, who was her father. I advanced the £5, less 3s. 6d. for carriage and ticket, and the piano was removed to my premises, prisoner signing as "M. Richards." The contract note expired in three months and the time has run out, but I have not disposed of the piano.</p>
<hi rend="smallCaps">FRANCIS HALL</hi>, Y Division, Wood Green. On November 15 I went to 170, High Road, Wood Green, where prisoner was living, sharing one front room with another lodger. I found contract note produced. On November 26 prisoner was charged with stealing the piano in the present case, she having been arrested on another charge.</p>
<xptr type="pageFacsimile" doc="190912070007"/>
<hi rend="smallCaps">
<persName id="t19091207-name-35" type="witnessName">
<interp inst="t19091207-name-35" type="gender" value="female"/>
<interp inst="t19091207-name-35" type="surname" value="COULING"/>
<interp inst="t19091207-name-35" type="given" value="EMMA"/>EMMA COULING</persName> </hi> (prisoner, on oath). I am a widow. I pledged prosecutor's piano because I was expecting the brokers in and wished to save it. When I was asked by Page for a receipt I said, "I have not got it now, but I have some other receipts if they are of any use to you "—I did not say who gave them to me. (To the Judge.) I might have sent the piano back to the prosecutor. I thought the piano was mine when I bought it and I could do what I liked with it provided I kept the payments up. I sent prosecutor two payments last month. I did not give notice of my second removal, because I did not know where I should be. I signed agreement without reading it.</p>
<p>Cross-examined. I was not expecting the brokers in on December 9, 1908.</p>
<rs id="t19091207-7-verdict-1" type="verdictDescription">
<interp inst="t19091207-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-7-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<rs id="t19091207-7-punishment-7" type="punishmentDescription">
<interp inst="t19091207-7-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-7-punishment-7" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-19091207 t19091207-7-punishment-7"/>Six months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091207-8">
<interp inst="t19091207-8" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-8" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-8-charge-1" targOrder="Y" targets="def1-8-19091207 t19091207-8-offence-1 t19091207-8-verdict-1"/>
<persName id="def1-8-19091207" type="defendantName">
<interp inst="def1-8-19091207" type="gender" value="male"/>
<interp inst="def1-8-19091207" type="age" value="21"/>
<interp inst="def1-8-19091207" type="surname" value="ANDREWS"/>
<interp inst="def1-8-19091207" type="given" value="JOHN CHARLES GEORGE"/>
<interp inst="def1-8-19091207" type="occupation" value="postman"/>
<hi rend="largeCaps">ANDREWS</hi>, John Charles George (21, postman)</persName>
<rs id="t19091207-8-offence-1" type="offenceDescription">
<interp inst="t19091207-8-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091207-8-offence-1" type="offenceSubcategory" value="mail"/>
<hi rend="smallCaps">
<rs id="t19091207-8-verdict-1" type="verdictDescription">
<interp inst="t19091207-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-8-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of stealing a postal packet containing a postal order for the payment and of the value of 5s., a postal packet containing a postal order for the payment and of the value of 3s., and a postal packet containing a postal order for the payment and of the value of 4s., the goods of
<persName id="t19091207-name-37" type="victimName">
<interp inst="t19091207-name-37" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-8-offence-1 t19091207-name-37"/>His Majesty's Postmaster-General</persName>, he. being employed under the Post Office.</rs> </p>
<p>Mr. Forster Boulton, M. P., prosecuted. Mr. Purcell appeared for prisoner. Sentence,
<rs id="t19091207-8-punishment-8" type="punishmentDescription">
<interp inst="t19091207-8-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-8-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19091207 t19091207-8-punishment-8"/>Six months' imprisonment</rs>, second division.</p> </div1>
<div1 type="trialAccount" id="t19091207-9">
<interp inst="t19091207-9" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-9" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-9-charge-1" targOrder="Y" targets="def1-9-19091207 t19091207-9-offence-1 t19091207-9-verdict-1"/>
<join result="criminalCharge" id="t19091207-9-charge-2" targOrder="Y" targets="def1-9-19091207 t19091207-9-offence-2 t19091207-9-verdict-1"/>
<persName id="def1-9-19091207" type="defendantName">
<interp inst="def1-9-19091207" type="gender" value="male"/>
<interp inst="def1-9-19091207" type="age" value="40"/>
<interp inst="def1-9-19091207" type="surname" value="MARTIN"/>
<interp inst="def1-9-19091207" type="given" value="ARTHUR"/>
<interp inst="def1-9-19091207" type="occupation" value="traveller"/>
<hi rend="largeCaps">MARTIN</hi>, Arthur (40, traveller)</persName>
<rs id="t19091207-9-offence-1" type="offenceDescription">
<interp inst="t19091207-9-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091207-9-offence-1" type="offenceSubcategory" value="forgery"/>,
<hi rend="smallCaps">
<rs id="t19091207-9-verdict-1" type="verdictDescription">
<interp inst="t19091207-9-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-9-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of forging and uttering, knowing the same to be forged, a memorandum of agreement for the letting of certain premises, with intent to defraud; </rs>
<rs id="t19091207-9-offence-2" type="offenceDescription">
<interp inst="t19091207-9-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19091207-9-offence-2" type="offenceSubcategory" value="forgery"/>forging end uttering, knowing the same to be forged, a certain accountable re
<lb/>ceipt for money, to wit, a receipt for £16, with intent to defraud.</rs> </p>
<rs id="t19091207-9-punishment-9" type="punishmentDescription">
<interp inst="t19091207-9-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-9-punishment-9" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-19091207 t19091207-9-punishment-9"/>Nine months' hard labour</rs>; recommended for expulsion under the Aliens Act.</p> </div1>
<div1 type="trialAccount" id="t19091207-10">
<interp inst="t19091207-10" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-10" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-10-charge-1" targOrder="Y" targets="def1-10-19091207 t19091207-10-offence-1 t19091207-10-verdict-1"/>
<join result="criminalCharge" id="t19091207-10-charge-2" targOrder="Y" targets="def1-10-19091207 t19091207-10-offence-2 t19091207-10-verdict-1"/>
<persName id="def1-10-19091207" type="defendantName">
<interp inst="def1-10-19091207" type="gender" value="male"/>
<interp inst="def1-10-19091207" type="age" value="18"/>
<interp inst="def1-10-19091207" type="surname" value="CLARK"/>
<interp inst="def1-10-19091207" type="given" value="FREDERICK"/>
<interp inst="def1-10-19091207" type="occupation" value="errand boy"/>
<hi rend="largeCaps">CLARK</hi>, Frederick (18, errand boy)</persName>
<rs id="t19091207-10-offence-1" type="offenceDescription">
<interp inst="t19091207-10-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091207-10-offence-1" type="offenceSubcategory" value="forgery"/>,
<hi rend="smallCaps">
<rs id="t19091207-10-verdict-1" type="verdictDescription">
<interp inst="t19091207-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-10-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of forging and uttering, knowing the same to be forged, an order for the pay
<lb/>ment of money, to wit, a banker's cheque for the payment of £12, with intent to defraud; </rs>
<rs id="t19091207-10-offence-2" type="offenceDescription">
<interp inst="t19091207-10-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19091207-10-offence-2" type="offenceSubcategory" value="stealingFromMaster"/>stealing a ring, the goods of
<persName id="t19091207-name-40" type="victimName">
<interp inst="t19091207-name-40" type="gender" value="male"/>
<interp inst="t19091207-name-40" type="surname" value="EVANS"/>
<interp inst="t19091207-name-40" type="given" value="DAVID LLEWELLYN"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-10-offence-2 t19091207-name-40"/>David Llewellyn Evans</persName>, his master.</rs> </p>
<p>Prisoner was stated to have been sent to an industrial home until the age of 16; and to have since been in respectable employment, where, being wrongfully accused of theft, he had committed this for
<lb/>gery with the idea of obtaining the money to leave the country.</p>
<rs id="t19091207-10-punishment-10" type="punishmentDescription">
<interp inst="t19091207-10-punishment-10" type="punishmentCategory" value="noPunish"/>
<interp inst="t19091207-10-punishment-10" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-10-19091207 t19091207-10-punishment-10"/>Judgment was postponed to next Sessions.</rs> </p> </div1>
<div1 type="trialAccount" id="t19091207-11">
<interp inst="t19091207-11" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-11" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-11-charge-1" targOrder="Y" targets="def1-11-19091207 t19091207-11-offence-1 t19091207-11-verdict-1"/>
<join result="criminalCharge" id="t19091207-11-charge-2" targOrder="Y" targets="def1-11-19091207 t19091207-11-offence-2 t19091207-11-verdict-1"/>
<persName id="def1-11-19091207" type="defendantName">
<interp inst="def1-11-19091207" type="gender" value="male"/>
<interp inst="def1-11-19091207" type="age" value="27"/>
<interp inst="def1-11-19091207" type="surname" value="PIERSON"/>
<interp inst="def1-11-19091207" type="given" value="LEONARD MAX"/>
<interp inst="def1-11-19091207" type="occupation" value="journalist"/>
<hi rend="largeCaps">PIERSON</hi>, Leonard Max (27, journalist)</persName>
<rs id="t19091207-11-offence-1" type="offenceDescription">
<interp inst="t19091207-11-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091207-11-offence-1" type="offenceSubcategory" value="housebreaking"/>,
<hi rend="smallCaps">
<rs id="t19091207-11-verdict-1" type="verdictDescription">
<interp inst="t19091207-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-11-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of break
<lb/>ing and entering the dwelling-house of
<placeName id="t19091207-geo-1">
<join result="offencePlace" targOrder="Y" targets="t19091207-11-offence-1 t19091207-geo-1"/>No. 13 Flat, Handel Man
<lb/>sions, St. Pancras</placeName>, and stealing therein one dress and other articles, the goods of
<persName id="t19091207-name-42" type="victimName">
<interp inst="t19091207-name-42" type="gender" value="female"/>
<interp inst="t19091207-name-42" type="surname" value="CLARKSON"/>
<interp inst="t19091207-name-42" type="given" value="LILY"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-11-offence-1 t19091207-name-42"/>Lily Clarkson</persName>;</rs>
<rs id="t19091207-11-offence-2" type="offenceDescription">
<interp inst="t19091207-11-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19091207-11-offence-2" type="offenceSubcategory" value="simpleLarceny"/> stealing a dressing case and contents, the goods of
<persName id="t19091207-name-43" type="victimName">
<interp inst="t19091207-name-43" type="gender" value="male"/>
<interp inst="t19091207-name-43" type="surname" value="COLE"/>
<interp inst="t19091207-name-43" type="given" value="CHARLES LIVESAY"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-11-offence-2 t19091207-name-43"/>Charles Livesey Cole</persName>.</rs> Sentence,
<rs id="t19091207-11-punishment-11" type="punishmentDescription">
<interp inst="t19091207-11-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-11-punishment-11" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-19091207 t19091207-11-punishment-11"/>20 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091207-12">
<interp inst="t19091207-12" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-12" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-12-charge-1" targOrder="Y" targets="def1-12-19091207 t19091207-12-offence-1 t19091207-12-verdict-1"/>
<xptr type="pageFacsimile" doc="190912070008"/>
<persName id="def1-12-19091207" type="defendantName">
<interp inst="def1-12-19091207" type="gender" value="male"/>
<interp inst="def1-12-19091207" type="age" value="40"/>
<interp inst="def1-12-19091207" type="surname" value="FRASER"/>
<interp inst="def1-12-19091207" type="given" value="ROBERT SMITH"/>
<interp inst="def1-12-19091207" type="occupation" value="manager"/>
<hi rend="largeCaps">FRASER</hi>, Robert Smith (40, manager)</persName>
<rs id="t19091207-12-offence-1" type="offenceDescription">
<interp inst="t19091207-12-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091207-12-offence-1" type="offenceSubcategory" value="embezzlement"/>,
<hi rend="smallCaps">
<rs id="t19091207-12-verdict-1" type="verdictDescription">
<interp inst="t19091207-12-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-12-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of em
<lb/>bezzling and stealing £88 8s., £134 9s. 5d. and £98 1s., received by him for and on account of the
<persName id="t19091207-name-45" type="victimName">
<interp inst="t19091207-name-45" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-12-offence-1 t19091207-name-45"/>Liverpool and London and Globe In
<lb/>surance Company</persName>, his masters.</rs> </p>
<rs id="t19091207-12-punishment-12" type="punishmentDescription">
<interp inst="t19091207-12-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-12-punishment-12" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-12-19091207 t19091207-12-punishment-12"/>15 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091207-13">
<interp inst="t19091207-13" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-13" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-13-charge-1" targOrder="Y" targets="def1-13-19091207 t19091207-13-offence-1 t19091207-13-verdict-1"/>
<join result="criminalCharge" id="t19091207-13-charge-2" targOrder="Y" targets="def2-13-19091207 t19091207-13-offence-2 t19091207-13-verdict-2"/>
<persName id="def1-13-19091207" type="defendantName">
<interp inst="def1-13-19091207" type="gender" value="male"/>
<interp inst="def1-13-19091207" type="age" value="32"/>
<interp inst="def1-13-19091207" type="surname" value="WHEELER"/>
<interp inst="def1-13-19091207" type="given" value="JOSEPH EDWARD"/>
<interp inst="def1-13-19091207" type="occupation" value="postman"/>
<hi rend="largeCaps">WHEELER</hi>, Joseph Edward (32, postman)</persName>, and
<persName id="def2-13-19091207" type="defendantName">
<interp inst="def2-13-19091207" type="gender" value="male"/>
<interp inst="def2-13-19091207" type="age" value="36"/>
<interp inst="def2-13-19091207" type="surname" value="WHEELER"/>
<interp inst="def2-13-19091207" type="given" value="WILLIAM THOMAS"/>
<interp inst="def2-13-19091207" type="occupation" value="mail van driver"/>
<hi rend="largeCaps">WHEELER</hi>, William Thomas (36, mail van driver);</persName>
<rs id="t19091207-13-offence-1" type="offenceDescription">
<interp inst="t19091207-13-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091207-13-offence-1" type="offenceSubcategory" value="mail"/> J. E. Wheeler stealing a postal order for 6s., and a post letter containing a postal order for 2s. 2d., the goods of
<persName id="t19091207-name-48" type="victimName">
<interp inst="t19091207-name-48" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-13-offence-1 t19091207-name-48"/>His Majesty's Postmaster-General</persName>, he being employed under the Post Office;</rs>
<rs id="t19091207-13-offence-2" type="offenceDescription">
<interp inst="t19091207-13-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19091207-13-offence-2" type="offenceSubcategory" value="receiving"/>W. T. Wheeler feloniously receiving the said two postal orders for 9s. and 6s. re
<lb/>spectively, well knowing them to have been stolen.</rs> </p>
<p>Mr. Forster Boulton, M. P., prosecuted.</p>
<p>Joseph E. Wheeler
<hi rend="smallCaps">
<rs id="t19091207-13-verdict-1" type="verdictDescription">
<interp inst="t19091207-13-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-13-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of stealing postal orders for 6s. and 2s. 2d.; William T. Wheeler pleaded guilty of receiving the order for 6s. The prisoner afterwards with drew his plea, stating that he did not know the order was stolen: Trial postponed to Thurs
<lb/>day next.</p>
<p>Sentence on Joseph E. Wheeler,
<rs id="t19091207-13-punishment-13" type="punishmentDescription">
<interp inst="t19091207-13-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-13-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-13-19091207 t19091207-13-punishment-13"/>Nine months' hard labour.</rs> </p>
<p>(Thursday, December 9.)</p>
<p>William Thomas Wheeler was tried for receiving the order for 6s.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-49" type="witnessName">
<interp inst="t19091207-name-49" type="gender" value="male"/>
<interp inst="t19091207-name-49" type="surname" value="WADISH"/>
<interp inst="t19091207-name-49" type="given" value="CECIL"/>CECIL WADISH</persName> </hi>, clerk in the Secretary's office, G. P. O. A great many losses have been reported at the Eastern Central District P. O., and I instructed Davis to keep prisoner and his brother, Joseph Edward Wheeler, under observation. J. E. Wheeler is a postman, prisoner being a mail cart driver under a contractor, but wearing the P. O. uniform, and being required to make the usual declaration. On November 7 I had a conversation with J. E. Wheeler; he pro
<lb/>duced 25 letters from his pocket which had been stolen. On Decem
<lb/>ber 7 he pleaded guilty, and was sentenced at this Court. On Novem
<lb/>ber 7 I questioned him about a postal order for 6s.; he made a state
<lb/>ment to me, and I in consequence saw the prisoner, W. T. Wheeler, at the G. P. O. I told him who I was, cautioned him, and showed him 6s. order (produced) payable to and signed "W. Jackson." I said, "I am informed that you cashed this order at Goswell Road P. O." He said, "Yes, I will admit that." I said, "Where did you get the order?" He said, "From my brother Joseph, but I do not know where he got it from." I said, "Have you cashed any other orders for your brother?" He said, "Yes, two or three." I showed him 18 orders (produced), and asked if he had cashed any of them. He said, "No." I asked him to give me a specimen of his handwriting, which he did on paper (produced), containing the words "W. Jackson, Goswell Road," etc. I asked him if he had written the name of Jackson on the order. He said, "No." I asked</p>
<xptr type="pageFacsimile" doc="190912070009"/>
<p>him with regard to a postal order for 9s. He said he had not cashed it.</p>
<p>The Recorder held that the Prosecution could not go further into other orders.</p>
<p>Examination continued. We accepted prisoner's denial that he wrote the name of "W. Jackson" on the 6s. order, on his stating that the name was on the order when he received it. The order appears to have been crossed, and to have had the crossing erased.
<hi rend="smallCaps">WILLIAM CHANDOS WATKINS</hi>, Greenfield Street, New Tredegar, Monmouthshire, miner. On October 23 I received from my son, William Reginald Watkins, P. O. (produced) for 6s., on which I wrote two lines across with the words "and Co." between the lines, and handed it back to my son. The crossing is not now on the order.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-50" type="witnessName">
<interp inst="t19091207-name-50" type="gender" value="male"/>
<interp inst="t19091207-name-50" type="surname" value="WATKINS"/>
<interp inst="t19091207-name-50" type="given" value="WILLIAM REGINALD"/>WILLIAM REGINALD WATKINS</persName> </hi>, New Tredegar, colliery boy. I am 15 years of age, and live with my father, the last witness. On October 23 I despatched P. O. for 6s. (produced), after handing it to my father, who crossed it for me—addressed to the New Card Company, Byron House, Fleet Street. I produce counterfoil corre
<lb/>sponding with the order, which I put in an envelope, and asked my brother to post.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-51" type="witnessName">
<interp inst="t19091207-name-51" type="gender" value="male"/>
<interp inst="t19091207-name-51" type="surname" value="WATKIN"/>
<interp inst="t19091207-name-51" type="given" value="ERNEST"/>ERNEST WATKIN</persName> </hi>, New Tredegar, colliery boy. On October 23 I posted letter addressed to the New Card Company for the last witness.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-52" type="witnessName">
<interp inst="t19091207-name-52" type="gender" value="female"/>
<interp inst="t19091207-name-52" type="surname" value="MITCHELL"/>
<interp inst="t19091207-name-52" type="given" value="MAUDE"/>MAUDE MITCHELL</persName> </hi>, clerk to the New Card Company, did not receive on October 24 letter containing 6s. order (produced).</p>
<hi rend="smallCaps">
<persName id="t19091207-name-53" type="witnessName">
<interp inst="t19091207-name-53" type="gender" value="male"/>
<interp inst="t19091207-name-53" type="surname" value="DAVIES"/>
<interp inst="t19091207-name-53" type="given" value="RICHARD WALTER"/>RICHARD WALTER DAVIES</persName> </hi>, messenger, Secretary's office, G. P. O. I received instructions to keep observation on the prisoner and his brother, J. E. Wheeler. On October 25, at 11.30 a.m. I saw the prisoner in the "Berkeley Castle," Goswell Road, when his brother joined him. They remained there till 1.50 p.m., came out, and separated. I followed the prisoner to 4, Leverington Street, Gos
<lb/>well Road, where he has part of a house. He remained there until 2.10 p.m., came out, and went to the branch P. O. Goswell Road, where he presented P. O. (produced) for 6s., for which he received 6s. in the usual way. I obtained the order (produced) and reported to Mr. Wadish.</p>
<p>A Division. I am a police officer permanently attached to the P. O. I charged the prisoner and his brother. The prisoner was charged in Novem
<lb/>ber 22 with feloniously receiving a postal order of the value of. 6s. He made no reply. I was present at the interview on November 7 between the prisoner and Mr. Wadish. Prisoner was not charged until November 22 because we had received no application in respect of the 6s. order.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-54" type="witnessName">
<interp inst="t19091207-name-54" type="gender" value="male"/>
<interp inst="t19091207-name-54" type="surname" value="WHEELER"/>
<interp inst="t19091207-name-54" type="given" value="WILLIAM THOMAS"/>WILLIAM THOMAS WHEELER</persName> </hi> (prisoner, on oath). I Jive at 4, Levington Street, Goswell Road, and have been a mail driver,</p>
<xptr type="pageFacsimile" doc="190912070010"/>
<p>employed by a contractor to the G. P. O. for four or five years. I generally used to meet my brother on Mondays, at the "Berkeley Castle," and no doubt met him on October 25. We had a friendly chat. I told him I was going out in the afternoon, and he said, "If you are going out just take this postal order and cash it, and save me a journey," handing me order (produced) which I cashed for 6s., and gave my brother the money. I did not ask him where he got it from, and he never told me. It was filled in as it is now when I received it.</p>
<p>Cross-examined. I know my brother is a postman. I could not tell you in whose handwriting "W. Jackson" is. I did not ask my brother. I did not think it unusual for my brother, a post
<lb/>man, to ask me to cash it. I simply did it to oblige him—I wish he had done it himself, and I should not be here now. I do not know ray brother's handwriting. I thought perhaps somebody had given it to him to collect or something of that kind. I said at the Police Court that I may have cashed other orders for him. It has now come to me that I never have done so.</p>
<p>The Recorder said he did not think there was sufficient evidence for the jury to convict, although the case was somewhat suspicious, and the Jury returned a verdict of Not Guilty.</p>
<p>Mr. Boulton proposed to try the two prisoners on the indictment respecting the 9s. order.</p>
<p>The Recorder said there was a great difficulty about this, as Joseph Edward Wheeler had pleaded guilty to one charge, which plea had been accepted by the prosecution, and Joseph Edward Wheeler had been dealt with and sentenced. It would certainly not be fair to try that indictment before the present Jury, and he would postpone the case till next Sessions; W. T. Wheeler to be released on his previous bail, namely, one surety in £50.</p>
<p>After consultation, Mr. Boulton stated that as the witnesses came from Wales he did not think it would be desirable to go to the expense of bringing them up again next Sessions, and with his Lordship's per
<lb/>mission he would with draw the further indictment against W. T. Wheeler.</p>
<rs id="t19091207-13-verdict-2" type="verdictDescription">
<interp inst="t19091207-13-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091207-13-verdict-2" type="verdictSubcategory" value=""/>The Jury returned a verdict of Not guilty and W. T. Wheeler was discharged, the Recorder warning him that the case raised very strong suspicion, although, in his opinion, a conviction would have been unsafe.</rs> </p> </div1>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">MR. JUSTICE CHANNELL</hi>.</p>
<p>(Wednesday, December 8.)</p>
<div1 type="trialAccount" id="t19091207-14">
<interp inst="t19091207-14" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-14" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-14-charge-1" targOrder="Y" targets="def1-14-19091207 t19091207-14-offence-1 t19091207-14-verdict-1"/>
<persName id="def1-14-19091207" type="defendantName">
<interp inst="def1-14-19091207" type="gender" value="male"/>
<interp inst="def1-14-19091207" type="age" value="21"/>
<interp inst="def1-14-19091207" type="surname" value="NICKERSON"/>
<interp inst="def1-14-19091207" type="given" value="JACK FRANCIS"/>
<interp inst="def1-14-19091207" type="occupation" value="soldier"/>
<hi rend="largeCaps">NICKERSON</hi>, Jack Francis (21, soldier)</persName>
<rs id="t19091207-14-offence-1" type="offenceDescription">
<interp inst="t19091207-14-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091207-14-offence-1" type="offenceSubcategory" value="extortion"/>,
<hi rend="smallCaps">
<rs id="t19091207-14-verdict-1" type="verdictDescription">
<interp inst="t19091207-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-14-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> to sending to Admiral Sir
<persName id="t19091207-name-56" type="victimName">
<interp inst="t19091207-name-56" type="gender" value="male"/>
<interp inst="t19091207-name-56" type="surname" value="MARKHAM"/>
<interp inst="t19091207-name-56" type="given" value="ALBERT HASTINGS"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-14-offence-1 t19091207-name-56"/>Albert Hastings Markham</persName>, on
<rs id="t19091207-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19091207-14-offence-1 t19091207-cd-2"/>November 19</rs>, a letter demanding money with menaces, without reasonable and probable cause; he pleaded not guilty to a second indictment for the sending of a similar letter on
<rs id="t19091207-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19091207-14-offence-1 t19091207-cd-3"/>October 19</rs>; the plea to the first indictment was accepted.</rs> </p>
<xptr type="pageFacsimile" doc="190912070011"/>
<p>Mr. Travers Humphreys prosecuted.</p>
<rs id="t19091207-14-punishment-14" type="punishmentDescription">
<interp inst="t19091207-14-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-14-punishment-14" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-19091207 t19091207-14-punishment-14"/>Three years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091207-15">
<interp inst="t19091207-15" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-15" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-15-charge-1" targOrder="Y" targets="def1-15-19091207 t19091207-15-offence-1 t19091207-15-verdict-1"/>
<persName id="def1-15-19091207" type="defendantName">
<interp inst="def1-15-19091207" type="gender" value="male"/>
<interp inst="def1-15-19091207" type="age" value="32"/>
<interp inst="def1-15-19091207" type="surname" value="BRANNAN"/>
<interp inst="def1-15-19091207" type="given" value="LUKE"/>
<interp inst="def1-15-19091207" type="occupation" value="stoker"/>
<hi rend="largeCaps">BRANNAN</hi>, Luke (32, stoker)</persName>, was indicted
<rs id="t19091207-15-offence-1" type="offenceDescription">
<interp inst="t19091207-15-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19091207-15-offence-1" type="offenceSubcategory" value="murder"/> for and charged on coroner's inquisition with the wilful murder of
<persName id="t19091207-name-58" type="victimName">
<interp inst="t19091207-name-58" type="gender" value="female"/>
<interp inst="t19091207-name-58" type="surname" value="STAPLES"/>
<interp inst="t19091207-name-58" type="given" value="FLORENCE"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-15-offence-1 t19091207-name-58"/>Florence Staples</persName>.</rs> </p>
<p>Mr. Muir and Mr. Graham-Campbell prosecuted; Mr. Eustace Fulton defended, at the request of the court.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-59" type="witnessName">
<interp inst="t19091207-name-59" type="gender" value="male"/>
<interp inst="t19091207-name-59" type="surname" value="STAPLES"/>
<interp inst="t19091207-name-59" type="given" value="JOHN"/>JOHN STAPLES</persName> </hi>, flowerseller, said that he married Florence Staples in 1907; they separated after a few months. He identified the dead body shown him at the mortuary as that of his wife. She was about 27 years old.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-60" type="witnessName">
<interp inst="t19091207-name-60" type="gender" value="male"/>
<interp inst="t19091207-name-60" type="surname" value="ROGERS"/>
<interp inst="t19091207-name-60" type="given" value="LEONARD"/>LEONARD ROGERS</persName> </hi>. I am assistant manager at St. Stephen's Chambers, Borough, a common lodging house. On September 27 prisoner took a bed there. He showed me his certificate of service in the Royal Navy and said he was expecting to receive by post a remit
<lb/>tance of £7. On October 4 he received a postal order for that amount; I went with him to cash it.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-61" type="witnessName">
<interp inst="t19091207-name-61" type="gender" value="male"/>
<interp inst="t19091207-name-61" type="surname" value="WILLIAMSON"/>
<interp inst="t19091207-name-61" type="given" value="DUDLEY"/>DUDLEY WILLIAMSON</persName> </hi>, gunmaker, 3, Waterloo Road. On October 12 prisoner purchased from me a box of 25 cartridges; he said he wanted them for practice with his revolver, which he showed me. I told him it was a powerful weapon and that he must be careful where he shot; he said he had been used to a revolver in the Navy. At the end of October he purchased a further, 14 cartridges, saying that he had used the others with his friends, shooting for beer. (Witness identified the revolver and cartridges produced by subsequent witnesses.)</p>
<p>Cross-examined. I cannot say that the revolver has a light pull.</p>
<hi rend="smallCaps">CHARLES F. PALMER</hi>, 407 L. On October 18 I arrested prisoner on the charge of wantonly discharging a revolver in the street to the public danger; he was drunk. I took from him the revolver (produced); it was loaded in five chambers, one cartridge being discharged. I also found on him this tin box containing 20 cartridges; also a gun license in the name of John Brown. He gave his name as John Brown, but the naval discharge which he gave me was in the name of Luke Brannan. He was brought up at Tower Bridge Police Court and fined 20s. or 14 days; he served the 14 days.</p>
<p>Cross-examined. On that occasion I saw him fire the revolver in the street; he pointed it towards the ground; nobody was injured; it was about 12.30 a.m.; there were several people about.</p>
<hi rend="smallCaps">WILLIAM KEEN</hi>, of Scotland Yard, said that he took charge of the revolver during prisoner's imprisonment and handed it back to prisoner on October 30.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-62" type="witnessName">
<interp inst="t19091207-name-62" type="gender" value="female"/>
<interp inst="t19091207-name-62" type="surname" value="TREGEA"/>
<interp inst="t19091207-name-62" type="given" value="CLARA"/>CLARA TREGEA</persName> </hi>, known as Mrs. Gray, charwoman. I knew deceased for nearly five years; I have seen prisoner in her room three times. On November 6 I was with deceased in her room when prisoner came in; he asked her to have a drink; she refused, and he went away; Later on he came in again; deceased said she would then have a drink and prisoner went out and brought back a pint of ale. There was no quarrelling.</p>
<xptr type="pageFacsimile" doc="190912070012"/>
<hi rend="smallCaps">
<persName id="t19091207-name-63" type="witnessName">
<interp inst="t19091207-name-63" type="gender" value="female"/>
<interp inst="t19091207-name-63" type="surname" value="WELL"/>
<interp inst="t19091207-name-63" type="given" value="CATHERINE BEARDS"/>CATHERINE BEARDS WELL</persName> </hi> and
<hi rend="smallCaps">HENRY GRAY</hi>, who were with the last witness on November 6, confirmed her story.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-64" type="witnessName">
<interp inst="t19091207-name-64" type="gender" value="female"/>
<interp inst="t19091207-name-64" type="surname" value="WILLIAMS"/>
<interp inst="t19091207-name-64" type="given" value="HELEN"/>HELEN WILLIAMS</persName> </hi>. I knew deceased for about the last twelve months. From time to time I saw prisoner in her rooms; he was nearly always the worse for drink; I never heard them quarrel. On November 6 I was there with the last three witnesses; I left them there together.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-65" type="witnessName">
<interp inst="t19091207-name-65" type="gender" value="male"/>
<interp inst="t19091207-name-65" type="surname" value="MORRIS"/>
<interp inst="t19091207-name-65" type="given" value="THOMAS"/>THOMAS MORRIS</persName> </hi>, deputy at the common lodging house managed by Rogers, said that whilst prisoner stayed there he was always intoxi
<lb/>cated, witness frequently having to put him to bed.,
<hi rend="smallCaps">ADA EVANS</hi>. I was in deceased's room on November 6 with the other witnesses and left about nine. A half-past 12 I returned and saw prisoner and deceased there. Mrs. Williams came and called out, "Flo, I want you." Deceased dressed and she and prisoner and I went out; they walked together; I walked in the middle of the road. At the corner of Blackhorse Court I heard her say," If you've got a couple of shillings you may come, otherwise keep away, but I shall be at London Bridge Station in the morning at 11." The deceased and I walked on together a little distance. I heard the report of a revolver and deceased fell. I saw prisoner walking towards St. George's Church. It was a very foggy night.</p>
<hi rend="smallCaps">CHARLES MACKAY</hi>, 273 M. On November 7 at 12.55 a.m. I was (off duty and in plain clothes) in Great Dover Street when I heard a revolver shot and the scream of a woman. Crossing the road, I saw Florence Staples lying on the footway. I said, "What's the matter?" She said, "I've been shot by a sailor." I said, "Is he in uniform?" She said "No." She then became unconscious.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-66" type="witnessName">
<interp inst="t19091207-name-66" type="gender" value="male"/>
<interp inst="t19091207-name-66" type="surname" value="CROOK"/>
<interp inst="t19091207-name-66" type="given" value="ARTHUR HENRY"/>ARTHUR HENRY CROOK</persName> </hi>, house surgeon at Guy's Hospital. On, November 7, about 1.30 a.m., Florence Staples was brought to the hospital; she was then dead; the body was quite warm. The post
<lb/>mortem examination discovered a bullet wound between the shoulder blades and the bullet was found between the fourth and fifth ribs. The injury could, not have been self-inflicted, nor have been caused by a ricochet from the ground.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-67" type="witnessName">
<interp inst="t19091207-name-67" type="gender" value="male"/>
<interp inst="t19091207-name-67" type="surname" value="HUXTETH"/>
<interp inst="t19091207-name-67" type="given" value="HENRY JAMES"/>HENRY JAMES HUXTETH</persName> </hi> spoke to finding the revolver (produced) in County Terrace, about five minutes' walk from Great Dover Street, on the morning of November 7.</p>
<hi rend="smallCaps">PERCY CLARK</hi>, 167 M., spoke to finding two cart
<lb/>ridges (produced) in Ralph Street, five minutes' walk from Great Dover Street, on the morning of November 7.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-68" type="witnessName">
<interp inst="t19091207-name-68" type="gender" value="indeterminate"/>
<interp inst="t19091207-name-68" type="surname" value="MILLARD"/>
<interp inst="t19091207-name-68" type="given" value="FK"/>FK. H. MILLARD</persName> </hi> gave similar evidence as to finding three bullets in Harper Street.</p>
<hi rend="smallCaps">JOSEPH LEYCESTER</hi>, Y Division. I was on duty at High-gate police station at 11.10 a.m. on November 7, when prisoner came in. He said, "I am sorry to see by the papers that the young woman who was shot in the Borough last night is dead." We had received some information and I said, "Are you Luke Brannan?" He said "Yes." I then cautioned him. He said, "I did not know she was dead or I should have done it on myself. I came to the nearest police</p>
<xptr type="pageFacsimile" doc="190912070013"/>
<p>station as soon as I heard of it. I threw the revolver away. I expect I shall get the rope. I had to give myself up." Prisoner was perfectly sober and rational.</p>
<p>Cross-examined. On prisoner I found his discharge papers from the Navy. They cover the period from December, 1901, to September, 1909, and are all "very good."</p>
<hi rend="smallCaps">ALFRED NICOLLS</hi>, M Division, said that he saw prisoner at Highgate Police Station at 1.30 p.m. on November 7 and took from him (after the usual caution) the following statement: "About ten to 11 this morning I was looking on the placards to see if there was anything about it, so I asked a man to let me have a look at one of his papers. I then came up here. I told the police I was sorry to see in the paper about a young woman being shot dead. Had I known it had killed her I would have placed the weapon on myself." Cross-examined. Deceased was a prostitute. Prisoner has served in the Navy as a stoker and has "Very good" discharges. He was invalided at Chatham Hospital in September; he was then certified to be suffering from alcoholism and insane. After his discharge from hospital he had been drinking heavily.</p>
<hi rend="smallCaps">RANDELL HODGSON</hi>, M Division, who took pri
<lb/>soner in a cab from Highgate to Tower Bridge station, deposed that on the way prisoner said, "So she is dead. I did not intend to kill her. I fetched the revolver out of my pocket and held it so, and it went off. Had I known that I had killed her I would have turned the weapon on myself. I hope she is better off where she is. The revolver is very light in the trigger; the least touch lets it off. I threw it and some cartridges away. I spent altogether nearly £50 with her since I got my discharge. I was a t. t. before I came out of the Navy. I borrowed a shilling off her once and paid it back like a man. When I had money she never wanted; but now it is gone she did not want me." Later on prisoner said to witness, "I did not spend £50 with her, although I had it; some of it I spent on myself—in fact, most of it."</p>
<hi rend="smallCaps">
<persName id="t19091207-name-69" type="witnessName">
<interp inst="t19091207-name-69" type="gender" value="male"/>
<interp inst="t19091207-name-69" type="surname" value="CHURCHILL"/>
<interp inst="t19091207-name-69" type="given" value="HENRY JOHN"/>HENRY JOHN CHURCHILL</persName> </hi>, rifle maker, 8, Agar Street, Strand, hav
<lb/>ing before him the revolver and the cartridges, expressed the opinion that the injury to the deceased would not have been caused by a rico
<lb/>chet shot. The revolver had a rather heavy pull.</p>
<p>Prisoner's statement before the magistrate: "Yes, I am guilty of shooting, but not of intending to kill. I have no witnesses."</p>
<hi rend="smallCaps">
<persName id="t19091207-name-70" type="witnessName">
<interp inst="t19091207-name-70" type="gender" value="male"/>
<interp inst="t19091207-name-70" type="surname" value="BRANNAN"/>
<interp inst="t19091207-name-70" type="given" value="LUKE"/>LUKE BRANNAN</persName> </hi> (prisoner, on oath), after detailing his service in the Navy to the time of his discharge, said that he came up to London in September. Having plenty of money, he was heavily on the drink up to the time of this occurrence. He repeatedly stayed with deceased at her house. Immediately before November 6 he had been drinking very heavily. On that night he went to deceased's house as (he witnesses had stated. Deceased did not there say to him, "If you have got a couple of shillings you can come with me, not otherwise";</p>
<xptr type="pageFacsimile" doc="190912070014"/>
<p>that was in the street, after last leaving the house. She then walked away with Evans. He pulled the revolver out of his coat to frighten deceased by firing it on the ground; he caught the hammer and it went off. It was a very foggy night and he could not have seen the deceased if he had intended to aim at her. He heard no scream, and walked away; he did not remember where he went to, but found himself next morning at Highgate. He asked a boy to let him look at a newspaper and then saw it stated that Florence was dead. He went straight to the police station. He had no intention whatever of murdering or injuring the woman.</p>
<p>Cross-examined. I bought the revolver some time in October; as I expected to be sent on foreign service I thought it would be useful. Deceased seemed all right with me until I had got through my money. I had no quarrel with her on the night of the 6th; we were quite friendly to the end. At Highgate on the morning of the 7th I looked in the papers to see if there was any account of my firing a revolver in the street.</p>
<p>Verdict, "
<rs id="t19091207-15-verdict-1" type="verdictDescription">
<interp inst="t19091207-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-15-verdict-1" type="verdictSubcategory" value="withRecommendation"/>Guilty of wilful murder, but we strongly recommend prisoner to mercy in consequence of his splendid past services while in the Royal Navy and on account of the general state he was in.</rs> </p>
<rs id="t19091207-15-punishment-15" type="punishmentDescription">
<interp inst="t19091207-15-punishment-15" type="punishmentCategory" value="death"/>
<interp inst="t19091207-15-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-15-19091207 t19091207-15-punishment-15"/>Death.</rs> </p> </div1>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE LUMLEY SMITH</hi>.</p>
<p>(Wednesday, December 8.)</p>
<div1 type="trialAccount" id="t19091207-16">
<interp inst="t19091207-16" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-16" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-16-charge-1" targOrder="Y" targets="def1-16-19091207 t19091207-16-offence-1 t19091207-16-verdict-1"/>
<persName id="def1-16-19091207" type="defendantName">
<interp inst="def1-16-19091207" type="gender" value="male"/>
<interp inst="def1-16-19091207" type="age" value="36"/>
<interp inst="def1-16-19091207" type="surname" value="LEVERETT"/>
<interp inst="def1-16-19091207" type="given" value="CECIL RICKMAN"/>
<interp inst="def1-16-19091207" type="occupation" value="agent"/>
<hi rend="largeCaps">LEVERETT</hi>, Cecil Rickman (36, agent)</persName>
<rs id="t19091207-16-offence-1" type="offenceDescription">
<interp inst="t19091207-16-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19091207-16-offence-1" type="offenceSubcategory" value="bigamy"/>,
<hi rend="smallCaps">
<rs id="t19091207-16-verdict-1" type="verdictDescription">
<interp inst="t19091207-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-16-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of felo
<lb/>niously marrying
<persName id="t19091207-name-72" type="victimName">
<interp inst="t19091207-name-72" type="gender" value="female"/>
<interp inst="t19091207-name-72" type="surname" value="STUBBS"/>
<interp inst="t19091207-name-72" type="given" value="ETHEL MAUD"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-16-offence-1 t19091207-name-72"/>Ethel Maud Stubbs</persName>, his wife being then alive.</rs> Sentence,
<rs id="t19091207-16-punishment-16" type="punishmentDescription">
<interp inst="t19091207-16-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-16-punishment-16" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-16-19091207 t19091207-16-punishment-16"/>Six months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091207-17">
<interp inst="t19091207-17" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-17" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-17-charge-1" targOrder="Y" targets="def1-17-19091207 t19091207-17-offence-1 t19091207-17-verdict-1"/>
<join result="criminalCharge" id="t19091207-17-charge-2" targOrder="Y" targets="def1-17-19091207 t19091207-17-offence-2 t19091207-17-verdict-1"/>
<persName id="def1-17-19091207" type="defendantName">
<interp inst="def1-17-19091207" type="gender" value="male"/>
<interp inst="def1-17-19091207" type="age" value="28"/>
<interp inst="def1-17-19091207" type="surname" value="HAY"/>
<interp inst="def1-17-19091207" type="given" value="ERNEST"/>
<interp inst="def1-17-19091207" type="occupation" value="clerk"/>
<hi rend="largeCaps">HAY</hi>, Ernest (28, clerk)</persName>
<rs id="t19091207-17-offence-1" type="offenceDescription">
<interp inst="t19091207-17-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091207-17-offence-1" type="offenceSubcategory" value="housebreaking"/>,
<hi rend="smallCaps">
<rs id="t19091207-17-verdict-1" type="verdictDescription">
<interp inst="t19091207-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-17-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of breaking and entering the dwelling house of
<persName id="t19091207-name-74" type="victimName">
<interp inst="t19091207-name-74" type="gender" value="male"/>
<interp inst="t19091207-name-74" type="surname" value="DARCH"/>
<interp inst="t19091207-name-74" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-17-offence-1 t19091207-name-74"/>John Darch</persName>, with intent to steal therein;</rs>
<rs id="t19091207-17-offence-2" type="offenceDescription">
<interp inst="t19091207-17-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19091207-17-offence-2" type="offenceSubcategory" value="housebreaking"/>break
<lb/>ing and entering the dwelling house of
<persName id="t19091207-name-75" type="victimName">
<interp inst="t19091207-name-75" type="gender" value="female"/>
<interp inst="t19091207-name-75" type="surname" value="MOCATTA"/>
<interp inst="t19091207-name-75" type="given" value="JESSIE ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-17-offence-2 t19091207-name-75"/>Jessie Elizabeth Mocatta</persName> and stealing therein one necklace and other articles, her goods.</rs> </p>
<p>Prisoner confessed to a previous conviction for felony.</p>
<rs id="t19091207-17-punishment-17" type="punishmentDescription">
<interp inst="t19091207-17-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-17-punishment-17" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-19091207 t19091207-17-punishment-17"/>Six months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091207-18">
<interp inst="t19091207-18" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-18" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-18-charge-1" targOrder="Y" targets="def1-18-19091207 t19091207-18-offence-1 t19091207-18-verdict-1"/>
<join result="criminalCharge" id="t19091207-18-charge-2" targOrder="Y" targets="def1-18-19091207 t19091207-18-offence-2 t19091207-18-verdict-1"/>
<persName id="def1-18-19091207" type="defendantName">
<interp inst="def1-18-19091207" type="gender" value="male"/>
<interp inst="def1-18-19091207" type="age" value="26"/>
<interp inst="def1-18-19091207" type="surname" value="WRIGHT"/>
<interp inst="def1-18-19091207" type="given" value="THOMAS"/>
<interp inst="def1-18-19091207" type="occupation" value="tinsmith"/>
<hi rend="largeCaps">WRIGHT</hi>, Thomas (26, tinsmith)</persName>
<rs id="t19091207-18-offence-1" type="offenceDescription">
<interp inst="t19091207-18-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091207-18-offence-1" type="offenceSubcategory" value="theftFromPlace"/>,
<hi rend="smallCaps">
<rs id="t19091207-18-verdict-1" type="verdictDescription">
<interp inst="t19091207-18-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-18-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of breaking and entering the shop of
<persName id="t19091207-name-77" type="victimName">
<interp inst="t19091207-name-77" type="gender" value="male"/>
<interp inst="t19091207-name-77" type="surname" value="SPINK"/>
<interp inst="t19091207-name-77" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-18-offence-1 t19091207-name-77"/>Charles Spink</persName> and stealing therein two legs of mutton and one loin of veal, his goods,</rs> and
<rs id="t19091207-18-offence-2" type="offenceDescription">
<interp inst="t19091207-18-offence-2" type="offenceCategory" value="damage"/>
<interp inst="t19091207-18-offence-2" type="offenceSubcategory" value="arson"/>feloniously setting fire to the said shop.</rs> </p>
<p>Numerous previous convictions were proved.</p>
<rs id="t19091207-18-punishment-18" type="punishmentDescription">
<interp inst="t19091207-18-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-18-punishment-18" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-18-19091207 t19091207-18-punishment-18"/>15 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091207-19">
<interp inst="t19091207-19" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-19" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-19-charge-1" targOrder="Y" targets="def1-19-19091207 t19091207-19-offence-1 t19091207-19-verdict-1"/>
<persName id="def1-19-19091207" type="defendantName">
<interp inst="def1-19-19091207" type="gender" value="male"/>
<interp inst="def1-19-19091207" type="age" value="31"/>
<interp inst="def1-19-19091207" type="surname" value="HARTNETT"/>
<interp inst="def1-19-19091207" type="given" value="JOHN"/>
<interp inst="def1-19-19091207" type="occupation" value="labourer"/>
<hi rend="largeCaps">HARTNETT</hi>, John (31, labourer)</persName>
<rs id="t19091207-19-offence-1" type="offenceDescription">
<interp inst="t19091207-19-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19091207-19-offence-1" type="offenceSubcategory" value="assaultWithIntent"/>, attempting to carnally know
<persName id="t19091207-name-79" type="victimName">
<interp inst="t19091207-name-79" type="gender" value="female"/>
<interp inst="t19091207-name-79" type="surname" value="HARTNETT"/>
<interp inst="t19091207-name-79" type="given" value="ANNIE"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-19-offence-1 t19091207-name-79"/>Annie Hartnett</persName>, the younger, a girl under the age of 13 years, to wit, of the age of 12 years, and indecently assaulting her; assaulting
<persName id="t19091207-name-80" type="victimName">
<interp inst="t19091207-name-80" type="gender" value="female"/>
<interp inst="t19091207-name-80" type="surname" value="HARTNETT"/>
<interp inst="t19091207-name-80" type="given" value="ANNIE"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-19-offence-1 t19091207-name-80"/>Annie Hartnett</persName>, the elder, thereby occasioning her great actual bodily harm.</rs> </p>
<xptr type="pageFacsimile" doc="190912070015"/>
<rs id="t19091207-19-verdict-1" type="verdictDescription">
<interp inst="t19091207-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-19-verdict-1" type="verdictSubcategory" value="lesserOffence"/>Guilty of common assault under great provocation.</rs> </p>
<rs id="t19091207-19-punishment-19" type="punishmentDescription">
<interp inst="t19091207-19-punishment-19" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19091207-19-punishment-19" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-19-19091207 t19091207-19-punishment-19"/>Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.</rs> </p> </div1>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE RENTOUL</hi>.</p>
<p>(Wednesday, December 8.)</p>
<div1 type="trialAccount" id="t19091207-20">
<interp inst="t19091207-20" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-20" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-20-charge-1" targOrder="Y" targets="def1-20-19091207 t19091207-20-offence-1 t19091207-20-verdict-1"/>
<persName id="def1-20-19091207" type="defendantName">
<interp inst="def1-20-19091207" type="gender" value="male"/>
<interp inst="def1-20-19091207" type="age" value="72"/>
<interp inst="def1-20-19091207" type="surname" value="HARPER"/>
<interp inst="def1-20-19091207" type="given" value="GEORGE"/>
<interp inst="def1-20-19091207" type="occupation" value="hawker"/>
<hi rend="largeCaps">HARPER</hi>, George (72, hawker)</persName>
<rs id="t19091207-20-offence-1" type="offenceDescription">
<interp inst="t19091207-20-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19091207-20-offence-1" type="offenceSubcategory" value="coiningOffences"/>, feloniously uttering counterfeit coin; uttering counterfeit coin twice within 10 days.</rs> </p>
<hi rend="smallCaps">
<rs id="t19091207-20-verdict-1" type="verdictDescription">
<interp inst="t19091207-20-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-20-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of one uttering and also confessed to having been convicted on March 12, 1900, at this court, receiving seven years' penal servitude for uttering. Other convictions proved: Sep
<lb/>tember 23, 1878, eight months at Middlesex, watch stealing; Novem
<lb/>ber 20, 1882, two years' hard labour at this court, possessing counter
<lb/>feit coin; September 12, 1887, at this court, 12 months for uttering; August 6, 1889, South London Sessions, five years' penal servitude for stealing money; September 11, 1893, at this court, seven years' penal servitude for possessing counterfeit coin. It was stated that since his release on December 24, 1906, prisoner had obtained regular employment for 10 or 12 months.</p>
<rs id="t19091207-20-punishment-20" type="punishmentDescription">
<interp inst="t19091207-20-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-20-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-20-19091207 t19091207-20-punishment-20"/>Three years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091207-21">
<interp inst="t19091207-21" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-21" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-21-charge-1" targOrder="Y" targets="def1-21-19091207 t19091207-21-offence-1 t19091207-21-verdict-1"/>
<persName id="def1-21-19091207" type="defendantName">
<interp inst="def1-21-19091207" type="gender" value="male"/>
<interp inst="def1-21-19091207" type="age" value="25"/>
<interp inst="def1-21-19091207" type="surname" value="WALE"/>
<interp inst="def1-21-19091207" type="given" value="GEORGE"/>
<interp inst="def1-21-19091207" type="occupation" value="porter"/>
<hi rend="largeCaps">WALE</hi>, George,
<hi rend="italic">otherwise
<rs id="t19091207-alias-2" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-21-19091207 t19091207-alias-2"/> John Beck </rs> </hi>(25, porter)</persName>
<rs id="t19091207-21-offence-1" type="offenceDescription">
<interp inst="t19091207-21-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19091207-21-offence-1" type="offenceSubcategory" value="coiningOffences"/>,
<hi rend="smallCaps">
<rs id="t19091207-21-verdict-1" type="verdictDescription">
<interp inst="t19091207-21-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-21-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of uttering counterfeit coin; uttering counterfeit coin twice within 10 days.</rs> </p>
<p>Convictions proved: November 16, 1907, at South London Sessions, six months for possessing house-breaking implements by night (after two previous convictions). Stated to have been honestly employed for 18 months as a barber.</p>
<rs id="t19091207-21-punishment-21" type="punishmentDescription">
<interp inst="t19091207-21-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-21-punishment-21" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-21-19091207 t19091207-21-punishment-21"/>nine months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091207-22">
<interp inst="t19091207-22" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-22" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-22-charge-1" targOrder="Y" targets="def1-22-19091207 t19091207-22-offence-1 t19091207-22-verdict-1"/>
<join result="criminalCharge" id="t19091207-22-charge-2" targOrder="Y" targets="def2-22-19091207 t19091207-22-offence-1 t19091207-22-verdict-1"/>
<persName id="def1-22-19091207" type="defendantName">
<interp inst="def1-22-19091207" type="gender" value="male"/>
<interp inst="def1-22-19091207" type="age" value="22"/>
<interp inst="def1-22-19091207" type="surname" value="HARRIS"/>
<interp inst="def1-22-19091207" type="given" value="JOHN"/>
<interp inst="def1-22-19091207" type="occupation" value="barber"/>
<hi rend="largeCaps">HARRIS</hi>, John (22, barber)</persName>, and
<persName id="def2-22-19091207" type="defendantName">
<interp inst="def2-22-19091207" type="gender" value="male"/>
<interp inst="def2-22-19091207" type="age" value="39"/>
<interp inst="def2-22-19091207" type="surname" value="PALMER"/>
<interp inst="def2-22-19091207" type="given" value="EDWARD"/>
<interp inst="def2-22-19091207" type="occupation" value="miner"/>
<hi rend="largeCaps">PALMER</hi>, Edward (39, miner)</persName>
<rs id="t19091207-22-offence-1" type="offenceDescription">
<interp inst="t19091207-22-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19091207-22-offence-1" type="offenceSubcategory" value="coiningOffences"/>,
<hi rend="smallCaps">
<rs id="t19091207-22-verdict-1" type="verdictDescription">
<interp inst="t19091207-22-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-22-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of both uttering counterfeit coin twice on same day; both possessing counterfeit coin.</rs> </p>
<p>Convictions proved—Palmer: April 24, 1893, Worship. Street, three months for purse stealing; November 2, 1896, North London Sessions, six months for warehouse breaking; September 27, 1897, Birmingham, attempting to steal, nine months; July 27, 1898, Worship Street, stealing a chain, six months; August 15, 1899, North London Sessions, stealing a watch, 20 months' hard labour and two years' supervision; March 7, 1901, Nottingham, watch stealing, two months; June 7, 1901, West Ham, three months' hard labour under the Prevention of Crimes Act; October 21, 1901, at this court, three years' penal servitude for manslaughter; March 7, 1905, North London Sessions, five years' penal servitude and three years' police supervision for robbery and stabbing a constable. Stated to have been for the past eight months working at a colliery in Durham, where he had a good character. Harris had been charged as a</p>
<xptr type="pageFacsimile" doc="190912070016"/>
<p>suspected person at Old Street and afterwards received 18 months at North London Sessions for watch stealing, from which he was released on January 3, 1909; said to have since been in employment.</p>
<p>Sentence: Palmer,
<rs id="t19091207-22-punishment-22" type="punishmentDescription">
<interp inst="t19091207-22-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-22-punishment-22" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-22-19091207 t19091207-22-punishment-22"/>18 months' hard labour</rs>; Harris,
<rs id="t19091207-22-punishment-23" type="punishmentDescription">
<interp inst="t19091207-22-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-22-punishment-23" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-22-19091207 t19091207-22-punishment-23"/> four months' hard labour.</rs> </p> </div1>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">MR. JUSTICE CHANNELL</hi>.</p>
<p>(Thursday, December 9.)</p>
<div1 type="trialAccount" id="t19091207-23">
<interp inst="t19091207-23" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-23" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-23-charge-1" targOrder="Y" targets="def1-23-19091207 t19091207-23-offence-1 t19091207-23-verdict-1"/>
<persName id="def1-23-19091207" type="defendantName">
<interp inst="def1-23-19091207" type="gender" value="female"/>
<interp inst="def1-23-19091207" type="age" value="43"/>
<interp inst="def1-23-19091207" type="surname" value="BYERS"/>
<interp inst="def1-23-19091207" type="given" value="JESSIE"/>
<interp inst="def1-23-19091207" type="occupation" value="no occupation"/>
<hi rend="largeCaps">BYERS</hi>, Jessie (43, no occupation)</persName>, was indicted
<rs id="t19091207-23-offence-1" type="offenceDescription">
<interp inst="t19091207-23-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19091207-23-offence-1" type="offenceSubcategory" value="manslaughter"/> for and charged on the coroner's inquisition with the manslaughter of
<persName id="t19091207-name-86" type="victimName">
<interp inst="t19091207-name-86" type="gender" value="male"/>
<interp inst="t19091207-name-86" type="surname" value="TURNBULL"/>
<interp inst="t19091207-name-86" type="given" value="REGINALD"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-23-offence-1 t19091207-name-86"/>Reginald Turnbull</persName>; she was also indicted (under the Children Act, 1908) for neglecting
<persName id="t19091207-name-87" type="victimName">
<interp inst="t19091207-name-87" type="gender" value="male"/>
<interp inst="t19091207-name-87" type="surname" value="TURNBULL"/>
<interp inst="t19091207-name-87" type="given" value="REGINALD"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-23-offence-1 t19091207-name-87"/>Reginald Turnbull</persName> in such manner as to cause unnecessary suffering and injury to his health.</rs> </p>
<p>Mr. Bodkin and Mr. Travers Humphreys prosecuted.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-88" type="witnessName">
<interp inst="t19091207-name-88" type="gender" value="female"/>
<interp inst="t19091207-name-88" type="surname" value="TURNBULL"/>
<interp inst="t19091207-name-88" type="given" value="LIZZIE"/>LIZZIE TURNBULL</persName> </hi>, single woman. On June 12 I was at a maternity home at 10, Pemberton Gardens, Upper Holloway, confined of a male child; I named him Reginald; the father was William Stewart. Another girl in the same home was advertising in the papers about the adoption of a child and she had answers from a Mrs. Mathers, 384, Green Lanes. I got into communication with Mrs. Mathers; prisoner was that woman. She told me she wanted to adopt a child for her married daughter, a Mrs. Ferguson. On June 23 my child was taken away by prisoner and her daughter Mildred. I next saw the child in Edmonton Workhouse on November 10; I am certain it was my child. On November 2 I went to 1, Wellington Terrace, Wood Green, with some police officers and Mr. Brown, of the London County Council, and saw prisoner. She said that the child was doing well and that she would bring it the next day to Mr. Brown's house to let me see it. I went to Brown's house next day; prisoner did not come there.</p>
<p>Cross-examined by Prisoner. I was aware that you were not adopt
<lb/>ing my child; you asked me if I would come and visit it and I refused.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-89" type="witnessName">
<interp inst="t19091207-name-89" type="gender" value="male"/>
<interp inst="t19091207-name-89" type="surname" value="STEWART"/>
<interp inst="t19091207-name-89" type="given" value="WILLIAM"/>WILLIAM STEWART</persName> </hi>. I am the father of Miss Turnbull's child. In consequence of a communication from her I wrote to Mrs. Mathers (prisoner) and eventually saw her. She told me that her daughter, Mrs. Ferguson, was willing to adopt the child for £5; I could pay £2 down, the remainder at my convenience. I paid the £2 and subse
<lb/>quently other sums amounting to £1 15s.</p>
<p>To prisoner. I understood that it was your daughter, Mrs. Ferguson, who was adopting the child.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-90" type="witnessName">
<interp inst="t19091207-name-90" type="gender" value="female"/>
<interp inst="t19091207-name-90" type="surname" value="ROWDEN"/>
<interp inst="t19091207-name-90" type="given" value="HANNAH"/>HANNAH ROWDEN</persName> </hi>, certificated midwife, 10, Pemberton Gardens, said that the weight of the child on the day of its birth was 91l. 2lb.; on June 23, when it was taken away, it weighed 10 lb.; it was a very healthy child. Witness identified the child with that which she saw at Edmonton Workhouse.</p>
<xptr type="pageFacsimile" doc="190912070017"/>
<hi rend="smallCaps">
<persName id="t19091207-name-91" type="witnessName">
<interp inst="t19091207-name-91" type="gender" value="female"/>
<interp inst="t19091207-name-91" type="surname" value="WILLIAMS"/>
<interp inst="t19091207-name-91" type="given" value="JANE"/>JANE WILLIAMS</persName> </hi>, charwoman. I worked for prisoner at 86, Caven
<lb/>dish Road, Tottenham, and there saw the Turnbull child on four occasions. On one occasion, in July, it was very fretful and prisoner said she did not know what to do with the kid. She turned to the mantelshelf and took from it a small bottle bearing the word "laudanum"; she dropped two drops in the baby's food bottle, which contained barley water, and gave it to the child. She also gave some laudanum to another baby that was there, a girl about five months old. I said to her, "Be careful what you are doing"; she said, "Oh, it's all right."</p>
<p>To prisoner. When you say that it was at my suggestion that you gave the laudanum you are a liar.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-92" type="witnessName">
<interp inst="t19091207-name-92" type="gender" value="male"/>
<interp inst="t19091207-name-92" type="surname" value="CLARK"/>
<interp inst="t19091207-name-92" type="given" value="ARTHUR"/>ARTHUR CLARK</persName> </hi>. On July 27 I was in Green Lanes, a road bound
<lb/>ing on to Finsbury Park. Inside the park railings I saw a bag on the ground. I went over the railings and picked up the bag; I found in it a baby, cramped up, with a towel tied tight round its face, part of the towel in its mouth. I took the child to a policeman. It was a wet, miserable day.</p>
<hi rend="smallCaps">ROBERT MILNE</hi>, 542 N, said that he received the child from the last witness and took it to the police station and after
<lb/>wards to Edmonton Workhouse.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-93" type="witnessName">
<interp inst="t19091207-name-93" type="gender" value="male"/>
<interp inst="t19091207-name-93" type="surname" value="FRANKLIN"/>
<interp inst="t19091207-name-93" type="given" value="ARTHUR JOHN"/>ARTHUR JOHN FRANKLIN</persName> </hi>, porter at Edmonton Workhouse, spoke to receiving the child from the last witness.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-94" type="witnessName">
<interp inst="t19091207-name-94" type="gender" value="female"/>
<interp inst="t19091207-name-94" type="surname" value="FOSTER"/>
<interp inst="t19091207-name-94" type="given" value="ETHEL"/>ETHEL FOSTER</persName> </hi>, nurse at the workhouse, identified the child admitted on July 27 with that which died on November 14.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-95" type="witnessName">
<interp inst="t19091207-name-95" type="gender" value="female"/>
<interp inst="t19091207-name-95" type="surname" value="WALLER"/>
<interp inst="t19091207-name-95" type="given" value="SARAH LYDIA"/>SARAH LYDIA WALLER</persName> </hi>, another nurse, spoke to weighing the child on different days, giving the following figures: On August 1, 7 lb. 14 oz.; on August 7, 8 lb. 5 oz.; on September 30, 8lb. 5oz.; on Octo
<lb/>ber 17, 8lb. 13 1/2 oz.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-96" type="witnessName">
<interp inst="t19091207-name-96" type="gender" value="female"/>
<interp inst="t19091207-name-96" type="surname" value="SIBLEY"/>
<interp inst="t19091207-name-96" type="given" value="ALICE"/>ALICE SIBLEY</persName> </hi>. I keep a newspaper shop at 384, Green Lanes, where letters may be addressed for a small charge. I know prisoner as Mrs. Mathers and several times took in letters addressed to her in that name.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-97" type="witnessName">
<interp inst="t19091207-name-97" type="gender" value="male"/>
<interp inst="t19091207-name-97" type="surname" value="BRYON"/>
<interp inst="t19091207-name-97" type="given" value="HENRY"/>HENRY BRYON</persName> </hi>, of 121, Crystal Palace Road,
<hi rend="smallCaps">HENRY EMERY</hi>, of 127, Crystal Palace Road, were called to prove that at those addresses no one of the name of Ferguson lived, nor did the witnesses know of anyone of that name in the neighbourhood.</p>
<hi rend="smallCaps">JAMES CUUNNINGHAM</hi>. On November 2 I went with Mr. Brown to 1, Wellington Terrace, and saw prisoner. I said "I am a police officer. Do you know the name of Mathers?" She said no, and that she had never used that name. I said, "Did you in that name take a baby from 10, Pemberton gardens in June last and take it to Mrs. Cochrane, of Morland Street, Finsbury Park?" She said, "I do not know Pemberton Gardens and have never had a baby from there." I said, "I shall call in the nurse from there and also the mother of the child." Prisoner said, "I do know the name of Mathers; I have been acting for a woman of that name, but I did not take the baby to Morland Street; my daughter took it there; she</p>
<xptr type="pageFacsimile" doc="190912070018"/>
<p>went there with Mrs. Baynes's baby, who lives at 125, Abbott's Avenue, Chiswick." I said, "What explanation have you for writing to Mrs. Cochrane representing that you were Mrs. Ferguson, of 73, Church Road, Hendon, when it was Mrs. Baynes's baby that you left There?" She replied, "That was the address that Mrs. Ferguson stayed at before going to 121 or 127, Crystal Palace Road, where Miss Turnbull's baby is." I said, "What was done with Miss Turnbull's baby?" She said, "I took a cab at Finsbury Park and drove to Morland Street with the baby and left Mrs. Baynes's baby there. We then drove to Pemberton Gardens, where we got Miss Turnbull's baby. I told Miss Turnbull that the baby was going to Mrs. Ferguson, my daughter-in-law, but that was not true. I took the baby to 86, Cavendish Road, where Mrs. Ferguson stayed the night with me. I received £2 with the baby from the father, Mr. Stewart; I gave 30s. to Mrs. Ferguson and kept 10s. for myself; I have since received 10s. and two sums of 7s. 6d. from Mr. Stewart." I then called in Rowden and Turnbull. Rowden, addressing prisoner, said, "I thought your name was Mathers and that you lived at 384, Green Lanes?" Pri
<lb/>soner replied," That is not my address, but I gave my private address to Mr. Stewart. I will go to Crystal Palace Road to-morrow and bring baby to Mr. Brown's house in the afternoon."</p>
<hi rend="smallCaps">FRANCIS HALL</hi>. I was with last witness at his inter
<lb/>view with prisoner on November 2, and confirm his account. On November 4 I saw prisoner; I reminded her that she had not kept her, appointment for the previous day to bring the child to Brown's house. She said, "I did not go to Crystal Palace Road, but I wrote to Mr. Ferguson at his business address." I said, "Where is that?" She said, "Oh, I can't tell you; he asked me to keep his name out of it. "I said, "Inquiries have been made at 121 and 127, Crystal Palace Road, and find that no one of the name of Ferguson resides there." She said, "I am sure you have made a mistake, for I have been there myself; I forget for the moment whether it is 121 or 127."I have made almost a house to house inquiry in Crystal Palace Road and the neighbourhood, and found no one of the name of Ferguson.</p>
<hi rend="smallCaps">ARTHUR NEIL</hi>. On November 12 I went with Cunningham and Hall to 1, Wellington Terrace and saw prisoner. I said to her," I have a warrant for your arrest for abandoning a child on July 27, and told her the circumstances under which the child was found. She said, "The child was handed over to a Mr. and Mrs. Ferguson; I did not abandon it. I handed it over to them about June or July at 86, Cavendish Road. The Ferguson's ad
<lb/>dress, so far as I know is 121 or 127, Crystal Palace Road; I com
<lb/>municated with Mr. Ferguson at his business address. I refuse to give you that address; I have an agreement with him." I asked her to produce the agreement. She said, "I have not got it; he has it If I received the child on June 23 I handed it over on June 24 to Mrs. Ferguson; she slept at our house, 86, Cavendish Road, that night." I asked her if she had any letters or anything to show that she had been in communication with Mr. Ferguson. She replied, "I have burnt all letters; it is not safe to keep a diary.</p>
<xptr type="pageFacsimile" doc="190912070019"/>
<p>The place in Finsbury Park at which the child was found is about 200 yards from 86, Cavendish Road. The child having died on November 14, an inquest was held, and on November 24 I formally charged prisoner with manslaughter. She said, "How the dickens can you make that out? They can get on with it; but when I open my mouth I will make some people look silly.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-98" type="witnessName">
<interp inst="t19091207-name-98" type="gender" value="female"/>
<interp inst="t19091207-name-98" type="surname" value="BYERS"/>
<interp inst="t19091207-name-98" type="given" value="MILDRED"/>MILDRED BYERS</persName> </hi>. In June last I was living with my mother (pris
<lb/>oner) at 86, Cavendish Road. I remember going with mother to 10, Pemberton Gardens, and taking a baby from there to our house. So far as I know no one was then staying at our house. I have never known a Mr. or Mrs. Ferguson. My mother has no married daughter. As to the bag produced (in which the child was found) I have seen one like it at home. To prisoner. I cannot say that I have seen that bag at home.
<hi rend="smallCaps">WILLIAM MCGILL</hi>, assistant medical officer at Edmonton Work-house. I saw the child on its admission on July 27. It was some
<lb/>what emaciated, but there was no evidence of organic disease. The exposure of this child in the way described would cause it unnecessary suffering and, after a length of time, would cause death. I assisted Dr. Bengerfield in the post-mortem examination, and agree with the evidence he gives.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-99" type="witnessName">
<interp inst="t19091207-name-99" type="gender" value="male"/>
<interp inst="t19091207-name-99" type="surname" value="BENGERFIELD"/>
<interp inst="t19091207-name-99" type="given" value="WILLIAM BARNETT"/>WILLIAM BARNETT BENGERFIELD</persName> </hi>, medical officer, Edmonton Work-house. I saw the child a few days after its admission; it looked a fully developed and fully formed child, but the skin loose and shrunken as if it had wasted. At the middle of October it was placed in the ward for sick children. It improved for a time, reach
<lb/>ing its highest weight on October 17; then it went back rapidly until at the time of death it weighed only 6 lb. 11 oz. On making a post
<lb/>mortem examination I found no external bruises; the child was very wasted. The cause of death was marasmus, a wasting disease, which may be the result of improper care or feeding. The exposure on July 27 was highly dangerous to the child, but I think marasmus commenced prior to that date. Two drops of laudanum to a child a few weeks old would be a most dangerous dose.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-100" type="witnessName">
<interp inst="t19091207-name-100" type="gender" value="male"/>
<interp inst="t19091207-name-100" type="surname" value="WILLCOX"/>
<interp inst="t19091207-name-100" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY WILLCOX</persName> </hi>, senior scientific analyst to the Home Office, generally confirmed the evidence of the two previous witnesses. In his opinion a course of improper treatment extending over several weeks before the child's admission to the workhouse would have been necessary to induce the very grave form of marasmus from which the child suffered and eventually died.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-101" type="witnessName">
<interp inst="t19091207-name-101" type="gender" value="female"/>
<interp inst="t19091207-name-101" type="surname" value="BYERS"/>
<interp inst="t19091207-name-101" type="given" value="JESSIE"/>JESSIE BYERS</persName> </hi> (prisoner, on oath) repeated the statements made by her to the police officers. She admitted giving the child lauda
<lb/>num—one drop, not two—and said she was induced to do this by the suggestions of Mrs. Williams. The only misstatement she had made about the Fergusons was that Mrs. Ferguson was her daughter-in-law; she told this falsehood to inspire confidence. She persisted that she had parted with the child to the Fergusons, and that she had</p>
<xptr type="pageFacsimile" doc="190912070020"/>
<p>communicated with Mr. Ferguson at his business address. She re
<lb/>fused to give this address, although the prosecution offered to have Ferguson at once sent for, and the Judge pointed out that such con
<lb/>firmation of her story would be a complete answer to the case. She declared that the Turnbull child was still alive and well, and that the child found in Finsbury Park, and which died in Edmonton Workhouse, was a different child. Verdict,
<rs id="t19091207-23-verdict-1" type="verdictDescription">
<interp inst="t19091207-23-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-23-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty of manslaughter.</rs> </p>
<p>Mr. Bodkin stated that in January, 1907, prisoner was convicted at this Court of obtaining money by false pretences in connection with the treatment of certain infants of whom she had taken charge for payment, and also of obstructing the course of justice and the duties of the coroner for Middlesex by burning the bodies of two infants, being sentenced to six months' and 12 months' imprisonment, run
<lb/>ning concurrently. She left prison in 1907, and on September 24, 1908, was sentenced to six months for taking in children for payment without being duly registered. There was an indictment pending here for taking in this Turnbull child and another without giving notice to the local authorities (Children Act, 1908). This indictment would remain on the file, as would another for administering to Reginald Turnbull a poisonous drug (laudanum) so as to endanger life.</p>
<rs id="t19091207-23-punishment-24" type="punishmentDescription">
<interp inst="t19091207-23-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-23-punishment-24" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-23-19091207 t19091207-23-punishment-24"/>10 years' penal servitude</rs>.</p> </div1>
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<interp inst="t19091207-24" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-24" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-24-charge-1" targOrder="Y" targets="def1-24-19091207 t19091207-24-offence-1 t19091207-24-verdict-1"/>
<persName id="def1-24-19091207" type="defendantName">
<interp inst="def1-24-19091207" type="gender" value="male"/>
<interp inst="def1-24-19091207" type="surname" value="ROSENZ"/>
<interp inst="def1-24-19091207" type="given" value="MAX"/>
<interp inst="def1-24-19091207" type="occupation" value="publican"/>
<hi rend="largeCaps">ROSENZ</hi>, Max (publican);</persName>
<rs id="t19091207-24-offence-1" type="offenceDescription">
<interp inst="t19091207-24-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091207-24-offence-1" type="offenceSubcategory" value="perjury"/> wilful and corrupt perjury.</rs> </p>
<p>Mr. Bodkin, Mr. Graham-Campbell, and Mr. Roome presecuted; Mr. George Elliott, K. C., and Mr. Huntly Jenkins defended.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-103" type="witnessName">
<interp inst="t19091207-name-103" type="gender" value="male"/>
<interp inst="t19091207-name-103" type="surname" value="HUDSON"/>
<interp inst="t19091207-name-103" type="given" value="ARTHUR"/>ARTHUR HUDSON</persName> </hi>, clerk in the Probate and Divorce Registry, pro
<lb/>duced the records of Rosenz v. Rosenz and Justin.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-104" type="witnessName">
<interp inst="t19091207-name-104" type="gender" value="male"/>
<interp inst="t19091207-name-104" type="surname" value="CHAPPLE"/>
<interp inst="t19091207-name-104" type="given" value="ARTHUR STEWART"/>ARTHUR STEWART CHAPPLE</persName> </hi>, official shorthand writer in the Probate and Divorce Division, proved his notes of the evidence given by pris
<lb/>oner in the divorce action.</p>
<p>(Prisoner there swore that, except for a single act of adultery with a Miss Frost at Boulogne, he had never committed adultery.)</p>
<hi rend="smallCaps">
<persName id="t19091207-name-105" type="witnessName">
<interp inst="t19091207-name-105" type="gender" value="female"/>
<interp inst="t19091207-name-105" type="surname" value="FRANCIS"/>
<interp inst="t19091207-name-105" type="given" value="EMILY ELIZABETH"/>EMILY ELIZABETH FRANCIS</persName> </hi>, formerly cook, and
<hi rend="smallCaps">WILLIAM ROBERT CARR</hi>, potman, spoke to repeated acts of familiarity between prisoner and Frost at prisoner's public-house, the "Prince's Tavern," Wardour Street, where Frost was barmaid.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-106" type="witnessName">
<interp inst="t19091207-name-106" type="gender" value="female"/>
<interp inst="t19091207-name-106" type="surname" value="WHITE"/>
<interp inst="t19091207-name-106" type="given" value="GERTRUDE"/>GERTRUDE WHITE</persName> </hi>, 202, King's Road, Chelsea, identified prisoner as the man who had apartments in her house with the woman Frost; they lived as man and wife for several months.</p>
<hi rend="smallCaps">HUGH RICHARD CARR</hi> said that he attended a woman in her con
<lb/>finement at Balham in May, 1908; he identified portrait produced (that of Frost) as the portrait of the woman he attended. Prisoner, was in the house at the time and passed as the woman's husband.</p>
<hi rend="smallCaps">HARDY</hi>, who nursed Frost in her confinement, said that pris
<lb/>oner was calling three or four times a week, and the two spoke of each other as man and wife.</p>
<hi rend="smallCaps">JANE MILLIGAN</hi> and
<hi rend="smallCaps">SYDNEY GLASS</hi> gave corroborative evidence. Sergeant
<hi rend="smallCaps">JAMES WILLIAMS</hi>, Scotland Yard, proved the arrest of pris
<xptr type="pageFacsimile" doc="190912070021"/>
<p>He also proved that certain letters produced were in prisoner's handwriting. (In one of these, writing to his wife, prisoner said, "It would be useless for me to defend the case, as I expect to be had up in court for the maintenance of a child of Doris Frost, and I am sorry to say I have got another girl into trouble.")</p>
<p>Cross-examined. That letter is dated May 3, 1908, prior to the date on which prisoner gave his evidence in the divorce proceedings. Apart from this charge, prisoner bears a good character.</p>
<p>(Friday, December 10.)</p>
<hi rend="smallCaps">
<persName id="t19091207-name-107" type="witnessName">
<interp inst="t19091207-name-107" type="gender" value="male"/>
<interp inst="t19091207-name-107" type="surname" value="TOWNSEND"/>
<interp inst="t19091207-name-107" type="given" value="ERNEST HARRY BRANGWIN, ALFRED"/>ERNEST HARRY BRANGWIN, ALFRED TOWNSEND</persName> </hi>, and
<hi rend="smallCaps">WALTER FREDE
<lb/>RICK ESSE</hi> were called as witnesses to character.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-108" type="witnessName">
<interp inst="t19091207-name-108" type="gender" value="male"/>
<interp inst="t19091207-name-108" type="surname" value="ROSENZ"/>
<interp inst="t19091207-name-108" type="given" value="MAX"/>MAX ROSENZ</persName> </hi> (prisoner, on oath), said that he had never denied his continued adultery with Frost. In his evidence in the Divorce Court he was asked about a particular occasion on which he had stayed with Frost at Boulogne; after many other questions counsel asked him, "Except on the occasion you have told us of, have you ever committed adultery?" and his answer was," Never." By that answer he under
<lb/>stood that he pledged his oath only to the statement that he had not committed adultery except with Frost, and this was the truth. The statement in his letter that he had got another girl into trouble was untrue. He had committed adultery with Frost and was, the father of her child; he had never denied this; it was known to his wife and her solicitors, and he had no idea of deceiving the Court into the belief that he was only admitting an isolated act of adultery at Boulogne. Verdict,
<rs id="t19091207-24-verdict-1" type="verdictDescription">
<interp inst="t19091207-24-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091207-24-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Thursday, December 9.)</p>
<div1 type="trialAccount" id="t19091207-25">
<interp inst="t19091207-25" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-25" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-25-charge-1" targOrder="Y" targets="def1-25-19091207 t19091207-25-offence-1 t19091207-25-verdict-1"/>
<persName id="def1-25-19091207" type="defendantName">
<interp inst="def1-25-19091207" type="gender" value="male"/>
<interp inst="def1-25-19091207" type="age" value="28"/>
<interp inst="def1-25-19091207" type="surname" value="CAMPBELL"/>
<interp inst="def1-25-19091207" type="given" value="PHILIP"/>
<interp inst="def1-25-19091207" type="occupation" value="clerk"/>
<hi rend="largeCaps">CAMPBELL</hi>, Philip (28, clerk)</persName>
<rs id="t19091207-25-offence-1" type="offenceDescription">
<interp inst="t19091207-25-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091207-25-offence-1" type="offenceSubcategory" value="forgery"/>,
<hi rend="smallCaps">
<rs id="t19091207-25-verdict-1" type="verdictDescription">
<interp inst="t19091207-25-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-25-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of feloniously endeavouring to obtain by virtue of a forged instrument, to wit, a forged telegram, from William Douglas Cnisholm £15, with intent to defraud.</rs> </p>
<p>Prisoner confessed to having been convicted at this court on March 2, 1909, receiving six months' imprisonment in second division'-for larceny and forgery; he was also sentenced on September 10, 1909, to one month second division for forgery.</p>
<p>The Rev. J. W. Butcher, Wesleyan minister, Glasgow, pleaded for the prisoner.</p>
<rs id="t19091207-25-punishment-25" type="punishmentDescription">
<interp inst="t19091207-25-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-25-punishment-25" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-25-19091207 t19091207-25-punishment-25"/>Nine months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091207-26">
<interp inst="t19091207-26" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-26" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-26-charge-1" targOrder="Y" targets="def1-26-19091207 t19091207-26-offence-1 t19091207-26-verdict-1"/>
<join result="criminalCharge" id="t19091207-26-charge-2" targOrder="Y" targets="def2-26-19091207 t19091207-26-offence-1 t19091207-26-verdict-2"/>
<persName id="def1-26-19091207" type="defendantName">
<interp inst="def1-26-19091207" type="gender" value="male"/>
<interp inst="def1-26-19091207" type="age" value="25"/>
<interp inst="def1-26-19091207" type="surname" value="DUGGIN"/>
<interp inst="def1-26-19091207" type="given" value="WILLIAM"/>
<interp inst="def1-26-19091207" type="occupation" value="porter"/>
<hi rend="largeCaps">DUGGIN</hi>, William (25, porter)</persName>, and
<persName id="def2-26-19091207" type="defendantName">
<interp inst="def2-26-19091207" type="gender" value="female"/>
<interp inst="def2-26-19091207" type="age" value="41"/>
<interp inst="def2-26-19091207" type="surname" value="DUGGIN"/>
<interp inst="def2-26-19091207" type="given" value="JANE"/>
<interp inst="def2-26-19091207" type="occupation" value="servant"/>
<hi rend="largeCaps">DUGGIN</hi>, Jane (41, servant),</persName>
<rs id="t19091207-26-offence-1" type="offenceDescription">
<interp inst="t19091207-26-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091207-26-offence-1" type="offenceSubcategory" value="housebreaking"/> both breaking and entering the dwelling house of
<persName id="t19091207-name-112" type="victimName">
<interp inst="t19091207-name-112" type="gender" value="male"/>
<interp inst="t19091207-name-112" type="surname" value="ANDREWS"/>
<interp inst="t19091207-name-112" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-26-offence-1 t19091207-name-112"/>Frederick Andrews</persName> and stealing therein three watches, one purse, and other articles, his goods;</rs>
<rs id="t19091207-26-offence-2" type="offenceDescription">
<interp inst="t19091207-26-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19091207-26-offence-2" type="offenceSubcategory" value="housebreaking"/>breaking and entering the dwelling house of
<persName id="t19091207-name-113" type="victimName">
<interp inst="t19091207-name-113" type="gender" value="male"/>
<interp inst="t19091207-name-113" type="surname" value="AARONS"/>
<interp inst="t19091207-name-113" type="given" value="SIDNEY"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-26-offence-2 t19091207-name-113"/>Sidney Aarons</persName> and stealing therein six knives and other articles, his goods.</rs> </p>
<xptr type="pageFacsimile" doc="190912070022"/>
<p>Mr. E. L. Hadfield prosecuted.</p>
<hi rend="smallCaps">
<rs id="t19091207-26-verdict-1" type="verdictDescription">
<interp inst="t19091207-26-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-26-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>William Duggin pleaded guilty</rs> </hi> and also confessed to having been convicted at Newington on September 9, 1909, in the name of James Petersen and bound over for six months under the Probation of Offenders Act.</p>
<rs id="t19091207-26-verdict-2" type="verdictDescription">
<interp inst="t19091207-26-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091207-26-verdict-2" type="verdictSubcategory" value=""/>The female prisoner being the wife, no evidence was offered, and the Jury returned a verdict of Not guilty.</rs> </p>
<p>Sentence, William Duggin,
<rs id="t19091207-26-punishment-26" type="punishmentDescription">
<interp inst="t19091207-26-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-26-punishment-26" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-26-19091207 t19091207-26-punishment-26"/>Nine months' hard labour</rs>.</p> </div1>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE RENTOUL</hi>. (Thursday, December 9.)</p>
<div1 type="trialAccount" id="t19091207-27">
<interp inst="t19091207-27" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-27" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-27-charge-1" targOrder="Y" targets="def1-27-19091207 t19091207-27-offence-1 t19091207-27-verdict-2"/>
<join result="criminalCharge" id="t19091207-27-charge-2" targOrder="Y" targets="def2-27-19091207 t19091207-27-offence-1 t19091207-27-verdict-3"/>
<join result="criminalCharge" id="t19091207-27-charge-3" targOrder="Y" targets="def3-27-19091207 t19091207-27-offence-1 t19091207-27-verdict-4"/>
<join result="criminalCharge" id="t19091207-27-charge-4" targOrder="Y" targets="def1-27-19091207 t19091207-27-offence-2 t19091207-27-verdict-1"/>
<join result="criminalCharge" id="t19091207-27-charge-5" targOrder="Y" targets="def1-27-19091207 t19091207-27-offence-3 t19091207-27-verdict-5"/>
<persName id="def1-27-19091207" type="defendantName">
<interp inst="def1-27-19091207" type="gender" value="male"/>
<interp inst="def1-27-19091207" type="age" value="24"/>
<interp inst="def1-27-19091207" type="surname" value="MARLBOROUGH"/>
<interp inst="def1-27-19091207" type="given" value="FREDERICK"/>
<interp inst="def1-27-19091207" type="occupation" value="dealer"/>
<hi rend="largeCaps">MARLBOROUGH</hi>, Frederick (24, dealer)</persName>,
<persName id="def2-27-19091207" type="defendantName">
<interp inst="def2-27-19091207" type="gender" value="male"/>
<interp inst="def2-27-19091207" type="age" value="23"/>
<interp inst="def2-27-19091207" type="surname" value="FOULSER"/>
<interp inst="def2-27-19091207" type="given" value="GEORGE"/>
<interp inst="def2-27-19091207" type="occupation" value="porter"/>
<hi rend="largeCaps">FOULSER</hi>, George (23, porter)</persName>, and
<persName id="def3-27-19091207" type="defendantName">
<interp inst="def3-27-19091207" type="gender" value="male"/>
<interp inst="def3-27-19091207" type="age" value="23"/>
<interp inst="def3-27-19091207" type="surname" value="SULLIVAN"/>
<interp inst="def3-27-19091207" type="given" value="HENRY"/>
<interp inst="def3-27-19091207" type="occupation" value="bookbinder"/>
<hi rend="largeCaps">SULLIVAN</hi>, Henry (23, bookbinder)</persName>
<rs id="t19091207-27-offence-1" type="offenceDescription">
<interp inst="t19091207-27-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19091207-27-offence-1" type="offenceSubcategory" value="coiningOffences"/>, all unlaw
<lb/>fully possessing counterfeit coin;</rs>
<rs id="t19091207-27-offence-2" type="offenceDescription">
<interp inst="t19091207-27-offence-2" type="offenceCategory" value="royalOffences"/>
<interp inst="t19091207-27-offence-2" type="offenceSubcategory" value="coiningOffences"/>Marlborough feloniously possessing counterfeit coin; </rs>
<rs id="t19091207-27-offence-3" type="offenceDescription">
<interp inst="t19091207-27-offence-3" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19091207-27-offence-3" type="offenceSubcategory" value="wounding"/>Marlborough maliciously wounding
<persName id="t19091207-name-117" type="victimName">
<interp inst="t19091207-name-117" type="gender" value="male"/>
<interp inst="t19091207-name-117" type="surname" value="COBLEY"/>
<interp inst="t19091207-name-117" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-27-offence-3 t19091207-name-117"/>Frederick Cobley</persName>.</rs> </p>
<p>Mr. Pickersgill, M. P., prosecuted.</p>
<p>The first indictment taken was that against Marlborough for feloniously possessing counterfeit coin.</p>
<hi rend="smallCaps">FREDERICK COBLEY</hi>, J Division. On November 21 about three in the afternoon I was at the corner of St. James's Road and Approach Road, Bethnal Green. I saw prisoner Foulser loitering there as if looking for someone. I then saw Police-constable Cox, who was in plain clothes. I spoke to him. We watched Foulser. In five or ten minutes we saw prisoner Marlborough got up to him. Marlborough took something from his pocket and tore off some paper; I then walked towards him towards Victoria Park. Foulser was standing about 20 yards from the park gates. As they crossed the canal bridge there Marlborough took something from his pocket, threw it in the water and commenced to run. I went after him and caught him after he had run 100 yards. I said, "I am a police officer. What was that you gave to one of those other men?" He said, "All right, he has got them all; I have not one on me." I said, "What are they?" He said, "You know, we have been put away." He then commenced to struggle and, taking this knife from his hip, he said, "I will chiv you, you bastard," and made a plunge at my stomach. He drew it from a sheath fastened to a button. It cut my finger in the struggle. I took it away from him and took him to Bethnal Green station. I took him back to where Foulser was detained. Foulser was searched and these counterfeit florins were found in his trousers pocket. They were both afterwards charged. Marlborough asked, "Can I say anything?" The sergeant who took the charge said, "You can say it, but whatever is taken down may be used in evidence against you." Marlborough then</p>
<xptr type="pageFacsimile" doc="190912070023"/>
<p>said, "I do not know that man," pointing to Foulser. Foulser said, I was taken to meet you this morning at a coffee shop in Shoreditch; you gave me these," pointing to the 10 coins," and another you had from me you went round to get rid of." Marlborough made no more reply. On the way to the station he said he was respectable and did not want to be mixed up with this sort of men.</p>
<p>Cross-examined by prisoner. When you made the plunge I caught hold of your hand. I had a cut three-eighths of an inch long on the second finger of my right hand. I had hold of you by the collar, you made a plunge as I did so and the knife cut me. '</p>
<hi rend="smallCaps">THOMAS</hi> Cox, 426" J. I was with last witness on November 21 at the corner of Approach Road and St. James's Road. We saw Foulser first, then prisoner, and another man came up to him. Prisoner gave Foulser something and then tore up a piece of paper and threw the paper away. We then walked towards them. On seeing us go towards them they walked into Victoria Park. On crossing over the bridge Marlborough threw something into the canal. Cobley then ran and caught him; I caught the other two. They both struggled. I held on to Foulser. I searched him and found these counterfeit coins in his left hand pocket.</p>
<p>To prisoner. When you were brought back Foulser and I were about 50 yards away. Cobley had a knife in his hand when he brought you back. I did not hear you say you used it for your work. Sergeant
<hi rend="smallCaps">ALFRED CLARK</hi>, 13 J. I was in charge at Bethnal Green Police Station when prisoner and Foulser were brought in. I read the charge over to them. Marlborough said, "Can I say anything?" I said, "You need not Say anything unless you wish, but if you do it will be taken down in writing and will be probably given in evidence against you." He replied, "I do not know anything of him," pointing to Foulser. Foulser said, "I was taken to meet you at Shoreditch this morning, when you gave me these," pointing to the coins," and another which you sent round to get rid of."</p>
<p>To prisoner. When Foulser said that you were both standing in front of the desk.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-118" type="witnessName">
<interp inst="t19091207-name-118" type="gender" value="male"/>
<interp inst="t19091207-name-118" type="surname" value="WEBSTER"/>
<interp inst="t19091207-name-118" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>, Examiner at the Mint. These 10 florins are all counterfeit and from the same mould. They are fair imita
<lb/>tions and taken from a current coin that has been worn.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-119" type="witnessName">
<interp inst="t19091207-name-119" type="gender" value="male"/>
<interp inst="t19091207-name-119" type="surname" value="FOULSER"/>
<interp inst="t19091207-name-119" type="given" value="GEORGE"/>GEORGE FOULSER</persName> </hi> (prisoner, on oath). Me and Sullivan, was going over the Marshes to have a game at football. As we got to Cambridge Road, Sullivan stooped down and picked up a packet. He slung the paper away. We went from there to Mill Fields. We could not get a game of football, and as we came along we met Marlborough. As we got to Victoria Park two men in plain clothes arrested us. Marl
<lb/>borough and Sullivan ran away. I had the counterfeit coins. Sulli
<lb/>van picked them up and gave them to me. When I said to the officer, "He gave them to me," I meant Sullivan. Marlborough had nothing to do with the coins at all.</p>
<xptr type="pageFacsimile" doc="190912070024"/>
<hi rend="smallCaps">
<persName id="t19091207-name-120" type="witnessName">
<interp inst="t19091207-name-120" type="gender" value="male"/>
<interp inst="t19091207-name-120" type="surname" value="SULLIVAN"/>
<interp inst="t19091207-name-120" type="given" value="HENRY"/>HENRY SULLIVAN</persName> </hi> (prisoner, on oath). On November 21 as me and Foulser went over to Hackney Marshes to have a game of football I picked up a paper parcel and looked at it. Foulser said, "Show me." I gave them to him, and he put it in his pocket and took no more notice. We could not get a game. On the way back Marl
<lb/>borough met and spoke to us, and a little while after I turned round and found Foulser being held by a police officer. I ran away. I did not know he was a police officer, or I should have gone straight to him. I ran away because once coming home from football I was set about by two or three fellows who went down my pockets, and took everything I had. I told Marlborough what we had found. He had not the coins at all. I did not see him give anything to Foulser. I know nothing about him throwing anything into the water.</p>
<p>Cross-examined. I was arrested by Sergeant Edwards. I did not tell him "Marlborough gave me a dud 2s. piece to-day." Verdict,
<rs id="t19091207-27-verdict-1" type="verdictDescription">
<interp inst="t19091207-27-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091207-27-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<p>The indictment against the three prisoners for unlawfully possess
<lb/>ing counterfeit coins was next taken.</p>
<p>Mr. Pickersgill said that having regard to the view that the Jury took in the last case he did not propose to call any evidence against Marlborough.
<rs id="t19091207-27-verdict-2" type="verdictDescription">
<interp inst="t19091207-27-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091207-27-verdict-2" type="verdictSubcategory" value=""/>The Jury returned a verdict of Not guilty against Marlborough.</rs> </p>
<hi rend="smallCaps">COBLEY</hi>, Police-Constable
<hi rend="smallCaps">THOMAS COX</hi>, Sergeant A.
<hi rend="smallCaps">CLARK</hi>, and
<hi rend="smallCaps">WILLIAM JOHN WEBSTER</hi> repeated their evidence given in the previous case.</p>
<hi rend="smallCaps">JAMES EDWARDS</hi>, J Division. About 7 p.m. on Novem
<lb/>ber 21 I went to 47, Clifton Buildings, Shoreditch, accompanied by other officers. The door was opened by Sullivan's sister. I asked if Sullivan lived there. She said, "Yes, but he is not at home." I heard a noise in the bedroom on the next floor. I went there and saw Sullivan crouching behind the door. He said, "All right, governor, I know what you want." I said, "I am a police officer, and am going to arrest you for being concerned with Marlborough and Foulser in possessing a quantity of counterfeit coins." He said, "All right, I have been shopped." He afterwards said, "Marlborough gave me the dud 2s. piece to change; I did not like it. I bought some fags, and each time I paid 1d. a packet for them with some coppers I had loose in my pocket. I rubbed the 2s. piece, gave it back to him and told him I could not get rid of it." He was charged later, and made no reply to the charge. At the police court, on the remand, Foulser said, "Me and Sullivan were out for a walk across the Marshes this morning, and we found the packet of coins by the kerb. I do not know Marlborough."</p>
<hi rend="smallCaps">
<persName id="t19091207-name-121" type="witnessName">
<interp inst="t19091207-name-121" type="gender" value="male"/>
<interp inst="t19091207-name-121" type="surname" value="FOULSER"/>
<interp inst="t19091207-name-121" type="given" value="GEORGE"/>GEORGE FOULSER</persName> </hi> repeated the evidence given in the previous case.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-122" type="witnessName">
<interp inst="t19091207-name-122" type="gender" value="male"/>
<interp inst="t19091207-name-122" type="surname" value="SULLIVAN"/>
<interp inst="t19091207-name-122" type="given" value="HENRY"/>HENRY SULLIVAN</persName> </hi> (prisoner, on oath). On November 21 Police Officers Cox, Cobley, and Edwards and another gent, came to my house. Cox and Edwards were in one room searching and in the other</p>
<xptr type="pageFacsimile" doc="190912070025"/>
<p>room Cobley remained with me. He says to me, "You help us and we will help you. You say that Marlborough gave you these coins." The reason I did not ask Cobley about this when he was in the box is this is the first time I have been here and I do not understand the rules. No doubt the officers will deny the statement. He said, "Say you went into a shop and instead of putting them down to buy things with you put your own money down and gave them to him back." On the following Monday we appeared at Old Street and on Police-constable Edwards stating his evidence against me I said, "It is a pack of lies, it is absolutely the untruth." On the following Tuesday at Old Street, when we were placed in the corridor there, Edwards came to me and said, "You are a nice one." I said "Why?" He pulled me on one side and said, "Saying that that were all a pack of lies after what you said you would tell." I could fetch Marlborough to prove that Edwards pulled me one side and spoke to me. After he went out he asked me what he said.</p>
<rs id="t19091207-27-verdict-3" type="verdictDescription">
<interp inst="t19091207-27-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-27-verdict-3" type="verdictSubcategory" value="no_subcategory"/>Foulser Guilty</rs>;
<rs id="t19091207-27-verdict-4" type="verdictDescription">
<interp inst="t19091207-27-verdict-4" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091207-27-verdict-4" type="verdictSubcategory" value=""/>Sullivan, Not guilty.</rs> </p>
<p>The indictment against Marlborough for malicious wounding was then taken.</p>
<hi rend="smallCaps">COBLEY</hi> repeated his previous evidence.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-123" type="witnessName">
<interp inst="t19091207-name-123" type="gender" value="male"/>
<interp inst="t19091207-name-123" type="surname" value="MARLBOROUGH"/>
<interp inst="t19091207-name-123" type="given" value="FREDERICK"/>FREDERICK MARLBOROUGH</persName> </hi> (prisoner, not on oath). The knife is for opening walnuts. It is not mine. I had it in my trousers as I finished work on Saturday. I can prove I never attempted to strike the officer with it. I can call one of the prisoners who saw the officer cut his finger.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-124" type="witnessName">
<interp inst="t19091207-name-124" type="gender" value="male"/>
<interp inst="t19091207-name-124" type="surname" value="FOULSER"/>
<interp inst="t19091207-name-124" type="given" value="GEORGE"/>GEORGE FOULSER</persName> </hi>, recalled. I saw Cobley arrest Marlborough about 20 yards from me. He brought him over to me and took the knife away from him out of a sheath and put it in his pocket, and as he put it in his pocket he struck his hand on the knife. He said, "Blow that knife," and walked down towards Victoria Park and me behind.</p>
<p>Police-constable Cox, recalled. I arrested Foulser; Cobley arrested Marlborough. Cobley and Marlborough were about 50 yards away. Cobley had the knife in his hand when he brought Marlborough up to me.</p>
<rs id="t19091207-27-verdict-5" type="verdictDescription">
<interp inst="t19091207-27-verdict-5" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-27-verdict-5" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Numerous convictions were proved.</p>
<rs id="t19091207-27-punishment-27" type="punishmentDescription">
<interp inst="t19091207-27-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-27-punishment-27" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-27-19091207 t19091207-27-punishment-27"/>Marlborough, Nine months' hard labour</rs>.
<rs id="t19091207-27-punishment-28" type="punishmentDescription">
<interp inst="t19091207-27-punishment-28" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19091207-27-punishment-28" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-27-19091207 t19091207-27-punishment-28"/>Foulser was released on his own and his father's recognisances in £5 each to come up for judgment if called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t19091207-28">
<interp inst="t19091207-28" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-28" type="date" value="19091207"/>
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<persName id="def1-28-19091207" type="defendantName">
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<interp inst="def1-28-19091207" type="given" value="JAMES WILLIAM"/>
<interp inst="def1-28-19091207" type="occupation" value="cabdriver"/>
<hi rend="largeCaps">LATHAM</hi>, James William (43, cabdriver)</persName>
<rs id="t19091207-28-offence-1" type="offenceDescription">
<interp inst="t19091207-28-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19091207-28-offence-1" type="offenceSubcategory" value="rape"/>,
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<interp inst="t19091207-28-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of carnally knowing
<persName id="t19091207-name-126" type="victimName">
<interp inst="t19091207-name-126" type="gender" value="female"/>
<interp inst="t19091207-name-126" type="age" value="15"/>
<interp inst="t19091207-name-126" type="surname" value="GROVE"/>
<interp inst="t19091207-name-126" type="given" value="RUBY CHARLOTTE GRACE"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-28-offence-1 t19091207-name-126"/>Ruby Charlotte Grace Grove</persName>, a girl of the age of 15 years.</rs> </p>
<rs id="t19091207-28-punishment-29" type="punishmentDescription">
<interp inst="t19091207-28-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-28-punishment-29" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-28-19091207 t19091207-28-punishment-29"/>One month's imprisonment</rs>, second division.</p> </div1>
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<join result="criminalCharge" id="t19091207-29-charge-3" targOrder="Y" targets="def1-29-19091207 t19091207-29-offence-2 t19091207-29-verdict-"/>
<join result="criminalCharge" id="t19091207-29-charge-4" targOrder="Y" targets="def2-29-19091207 t19091207-29-offence-2 t19091207-29-verdict-"/>
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<join result="criminalCharge" id="t19091207-29-charge-7" targOrder="Y" targets="def1-29-19091207 t19091207-29-offence-4 t19091207-29-verdict-"/>
<join result="criminalCharge" id="t19091207-29-charge-8" targOrder="Y" targets="def2-29-19091207 t19091207-29-offence-4 t19091207-29-verdict-"/>
<join result="criminalCharge" id="t19091207-29-charge-8" targOrder="Y" targets="def1-29-19091207 t19091207-29-offence-5 t19091207-29-verdict-"/>
<join result="criminalCharge" id="t19091207-29-charge-9" targOrder="Y" targets="def2-29-19091207 t19091207-29-offence-5 t19091207-29-verdict-"/>
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<persName id="def1-29-19091207" type="defendantName">
<interp inst="def1-29-19091207" type="gender" value="male"/>
<interp inst="def1-29-19091207" type="age" value="39"/>
<interp inst="def1-29-19091207" type="surname" value="CHALKER"/>
<interp inst="def1-29-19091207" type="given" value="FREDERICK"/>
<interp inst="def1-29-19091207" type="occupation" value="painter"/>
<hi rend="largeCaps">CHALKER</hi>, Frederick (39, painter)</persName>, and
<persName id="def2-29-19091207" type="defendantName">
<interp inst="def2-29-19091207" type="gender" value="female"/>
<interp inst="def2-29-19091207" type="age" value="37"/>
<interp inst="def2-29-19091207" type="surname" value="CHALKER"/>
<interp inst="def2-29-19091207" type="given" value="KATE"/>
<interp inst="def2-29-19091207" type="occupation" value="painter"/>
<hi rend="largeCaps">CHALKER</hi>, Kate (37),</persName>
<rs id="t19091207-29-offence-1" type="offenceDescription">
<interp inst="t19091207-29-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19091207-29-offence-1" type="offenceSubcategory" value="other"/> both having the custody of
<persName id="t19091207-name-129" type="victimName">
<interp inst="t19091207-name-129" type="gender" value="male"/>
<interp inst="t19091207-name-129" type="surname" value="CHALKER"/>
<interp inst="t19091207-name-129" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-29-offence-1 t19091207-name-129"/>William Chalker</persName>,
<persName id="t19091207-name-130" type="victimName">
<interp inst="t19091207-name-130" type="gender" value="female"/>
<interp inst="t19091207-name-130" type="surname" value="BESS"/>
<interp inst="t19091207-name-130" type="given" value="CISSY"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-29-offence-1 t19091207-name-130"/>Cissy Bell</persName>,
<persName id="t19091207-name-131" type="victimName">
<interp inst="t19091207-name-131" type="gender" value="male"/>
<interp inst="t19091207-name-131" type="surname" value="WILLIAMSON"/>
<interp inst="t19091207-name-131" type="given" value="HAROLD"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-29-offence-1 t19091207-name-131"/>Harold Williamson</persName>, and
<persName id="t19091207-name-132" type="victimName">
<interp inst="t19091207-name-132" type="gender" value="male"/>
<interp inst="t19091207-name-132" type="surname" value="JACKSON"/>
<interp inst="t19091207-name-132" type="given" value="HAROLD"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-29-offence-1 t19091207-name-132"/>Harold Jackson</persName>, children respectively under the age of 16 years, did wilfully neglect them in such a manner as to cause them unnecessary suffering and injury to their health</rs>;
<rs id="t19091207-29-offence-2" type="offenceDescription">
<interp inst="t19091207-29-offence-2" type="offenceCategory" value="kill"/>
<interp inst="t19091207-29-offence-2" type="offenceSubcategory" value="manslaughter"/> both man
<lb/>slaughter of
<persName id="t19091207-name-133" type="victimName">
<interp inst="t19091207-name-133" type="gender" value="male"/>
<interp inst="t19091207-name-133" type="surname" value="WILLIAMSON"/>
<interp inst="t19091207-name-133" type="given" value="HAROLD"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-29-offence-2 t19091207-name-133"/>Harold Williamson</persName> </rs>;
<rs id="t19091207-29-offence-3" type="offenceDescription">
<interp inst="t19091207-29-offence-3" type="offenceCategory" value="kill"/>
<interp inst="t19091207-29-offence-3" type="offenceSubcategory" value="manslaughter"/>both manslaughter of Cissy Bell</rs>;
<rs id="t19091207-29-offence-4" type="offenceDescription">
<interp inst="t19091207-29-offence-4" type="offenceCategory" value="kill"/>
<interp inst="t19091207-29-offence-4" type="offenceSubcategory" value="manslaughter"/>both manslaughter of
<persName id="t19091207-name-134" type="victimName">
<interp inst="t19091207-name-134" type="gender" value="female"/>
<interp inst="t19091207-name-134" type="surname" value="COX"/>
<interp inst="t19091207-name-134" type="given" value="ELLEN"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-29-offence-4 t19091207-name-134"/>Ellen Cox</persName>; both having the custody of
<persName id="t19091207-name-135" type="victimName">
<interp inst="t19091207-name-135" type="gender" value="female"/>
<interp inst="t19091207-name-135" type="surname" value="COX"/>
<interp inst="t19091207-name-135" type="given" value="ELLEN"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-29-offence-4 t19091207-name-135"/>Ellen Cox</persName>, a child under the age of 16 years, did wilfully neglect her in a manner likely to cause her unnecessary suffering and injury to her health</rs>;
<rs id="t19091207-29-offence-5" type="offenceDescription">
<interp inst="t19091207-29-offence-5" type="offenceCategory" value="kill"/>
<interp inst="t19091207-29-offence-5" type="offenceSubcategory" value="manslaughter"/>both on coroner's inquisition for the manslaughter of a male child unknown; both on coroner's inquisition for the manslaughter of Cissy Bell.</rs> </p>
<p>Mr. Clarke Hall and Mr. W. B. Campbell prosecuted; Mr. Cassels and Mr. Arthur Bryan defended. The indictment for the manslaughter of Cissy Bell was first taken.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-136" type="witnessName">
<interp inst="t19091207-name-136" type="gender" value="female"/>
<interp inst="t19091207-name-136" type="surname" value="COOK"/>
<interp inst="t19091207-name-136" type="given" value="ELIZABETH"/>ELIZABETH COOK</persName> </hi>, 22, Canning Street, Maidstone. In March last prisoners lived in my house; they had with them a boy about 16 or 18 months' old and a girl about two or three months.</p>
<p>Cross-examined. I never saw either prisoner strike the children.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-137" type="witnessName">
<interp inst="t19091207-name-137" type="gender" value="male"/>
<interp inst="t19091207-name-137" type="surname" value="ARMSTRONG"/>
<interp inst="t19091207-name-137" type="given" value="JOHN HENRY"/>JOHN HENRY ARMSTRONG</persName> </hi>, Inspector of the National Society for the Prevention of Cruelty to Children, Maidstone district. On April 14 I went to 174, Wheeler Street, Maidstone, and there saw the female prisoner with two children, whose names she gave me as William and Kate Chalker. Prisoner said that Kate was her own child, born at sea on February 27 on the way home from Sydney. The child was emaciated and ailing; its weight was 6 lb. (the normal weight of a child six weeks old being 71l. 2 lb.). I again visited the house on May 7; I saw Mrs. Chalker at a window, but could not gain admit
<lb/>tance. I went again on May 19 and found the Chalkers had left the house. I traced them to 8, Waterloo Road, Maidstone; on going there Mrs. Chalker refused me admittance. I went there again on June 4 and found they had gone.</p>
<p>Cross-examined. On April 14 I saw Frederick Chalker; he told me that the child was under the care of Dr. Meiville.</p>
<hi rend="smallCaps">GEORGE CHRISTIAN MEIVILLE</hi>, Maidstone. On April 14 Frederick Chalker called on me and said that the Inspector of the N. S. P. C. C. had asked him to call in a medical man to see his O. children. I saw the female child;. it was extremely emaciated, but P. perfectly clean; the room in which it was was absolutely filthy.</p>
<p>Cross-examined. I did tell the Chalkers to put a pinch of salt with the child's milk. Probably I told them to give it plenty of fresh air.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-138" type="witnessName">
<interp inst="t19091207-name-138" type="gender" value="male"/>
<interp inst="t19091207-name-138" type="surname" value="SMITH"/>
<interp inst="t19091207-name-138" type="given" value="ALFRED"/>ALFRED SMITH</persName> </hi>, Orpington. On June 14 I removed some furniture for the prisoners from Dunton Green to Farnham. We left at half past nine p.m. and arrived at Farnham at 2.30 in the morning. The</p>
<xptr type="pageFacsimile" doc="190912070027"/>
<p>two prisoners travelled on the van with two children; it was a bitter cold night; there was no covering on the van. I saw no food given to the children during the journey.</p>
<p>Cross-examined. It was not raining. I did not see a shawl or overcoat round the children.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-139" type="witnessName">
<interp inst="t19091207-name-139" type="gender" value="male"/>
<interp inst="t19091207-name-139" type="surname" value="ANDREWS"/>
<interp inst="t19091207-name-139" type="given" value="FRANK"/>FRANK ANDREWS</persName> </hi>. On July 3 I removed some furniture for the prisoners from Farnham to Malcolm Road, Woodside. Prisoners travelled on the van with two young children, or it may have been three. It was a very wet night; the journey was about eight miles. There was no covering to the van. I lent them a sack to put over them. No food was given to the children on the journey. They looked very poorly and delicate.</p>
<p>Cross-examined. I did not see an overcoat placed over the children; I did see a shawl wrapped round one of them.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-140" type="witnessName">
<interp inst="t19091207-name-140" type="gender" value="female"/>
<interp inst="t19091207-name-140" type="surname" value="MANN"/>
<interp inst="t19091207-name-140" type="given" value="ALICE"/>ALICE MANN</persName> </hi>. On July 3 I was living at 57, Malcolm Road, Wood-side. Prisoners arrived there about seven that morning. Mrs. Chalker had with her a child about 18 months' old; she told me its name was William Chalker. I subsequently saw two other children with her. For two days I lived in the flat above that occupied by the prisoners. I frequently heard the children crying. Mrs. Chalker told me that the two younger children were twins, six weeks' old. The children were very dirty and seemed very poorly and drowsy. I heard Mrs. Chalker scold them and call them little cats. I attended at the Wandsworth infirmary and was shown three children; I recog
<lb/>nised two of those as William Chalker and one of the twins. Later on, at the inquest on Cissy Bell, I identified that body as one of the twins I had seen. Mrs. Chalker told me that she fed the children on pat-a-cake biscuits four times a day.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-141" type="witnessName">
<interp inst="t19091207-name-141" type="gender" value="female"/>
<interp inst="t19091207-name-141" type="surname" value="MUNDAY"/>
<interp inst="t19091207-name-141" type="given" value="NELLIE"/>NELLIE MUNDAY</persName> </hi>. I live at 4, Salisbury Road, Woodside. About the middle of July prisoners came to live next door, No. 3; they arrived about 11 at night and stayed just a month. They had two babies and a little boy. The two babies were habitually placed in the back yard, tied together in a chair, and left there for hours together without food. From my room, which adjoined that occupied by prisoners at night, I could frequently hear the children crying and screaming. Once I heard a banging on the wall and heard the woman say, "Be more kind to the children, you beast." On one occasion when Mrs. Chalker was interfering with my children I told her to look after her own little mites; she said she could not help her husband hitting the children; he had been to the wars, he was not like other men.</p>
<p>Cross-examined. I have had one or two heated words with Mrs. Chalker. I was not looking into the next door backyard all the time the children were out there; they might have been attended to when I was not looking. I did complain to Mrs. Chalker about the children being ill-treated; I did not complain to anyone else.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-142" type="witnessName">
<interp inst="t19091207-name-142" type="gender" value="male"/>
<interp inst="t19091207-name-142" type="surname" value="BRIGHT"/>
<interp inst="t19091207-name-142" type="given" value="EDMUND"/>EDMUND BRIGHT</persName> </hi>, furniture salesman. On August 20 I called on Mrs. Chalker at 1, Glenford Avenue, Beckenham. I saw three children there; one in a room upstairs, lying on half a straw palliasse, two in cradles in the kitchen; there was no bedding in the cradles</p>
<xptr type="pageFacsimile" doc="190912070028"/>
<p>and very little covering. These two were screaming all the time I was there, about an hour. There was no fire in the house.</p>
<hi rend="smallCaps">ARTHUR BERRY</hi>, 2
<hi rend="largeCaps">PR</hi>. On September 9 I went to 5, Vineleigh Road, Penge. In the kitchen there was a table and three chairs; in the front room there was no furniture at all; there was a cradle containing the dead body of a child; there was an inner room which I could not get into, Mrs. Chalker (who had given the name of Harris) saying "the landlord has the key; that room does not belong to us." On September 10 I again called and saw both prisoners. I went into the inner room and saw a child lying on the bare boards, covered with rags; there was nothing else in the room except two filthy old straw mattresses; the floor was black with filth. I felt the child's face; it was cold. I asked Mrs. Chalker, "Is this the best bed you have for the child?" She said, "Yes, it's all we have; all our furniture was taken away for rent." On November 4 I saw a child's body at the mortuary; it was the child I have last spoken of; it was Cissy Bell.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-143" type="witnessName">
<interp inst="t19091207-name-143" type="gender" value="male"/>
<interp inst="t19091207-name-143" type="surname" value="HILLS"/>
<interp inst="t19091207-name-143" type="given" value="WILLIAM GEORGE"/>WILLIAM GEORGE HILLS</persName> </hi>, porter at Penge Station, L. B. and S. C. Railway. I was on duty at the station at 4.30 in the morning of September 10-11; it was raining very hard and bitterly cold. Pri
<lb/>soners came to the wicket gate and asked to be allowed inside. I admitted them into our mess room, where there was a fire. They had two children with them; one, about 18 months old, seemed in a pretty good state of nourishment; the other, about seven months old, seemed very emaciated. The children's clothes were pretty clean, but were very wet. I afterwards identified the body of Cissy Bell as the younger of the two children I speak of.</p>
<p>Cross-examined. Prisoners themselves were very wet; it was rain
<lb/>ing hard all that night. Vineleigh Road is about five or 10 minutes' walk from the station.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-144" type="witnessName">
<interp inst="t19091207-name-144" type="gender" value="female"/>
<interp inst="t19091207-name-144" type="surname" value="WEST"/>
<interp inst="t19091207-name-144" type="given" value="MARY KATE"/>MARY KATE WEST</persName> </hi>, 52, Selkirk Road, Tooting. On September 11 prisoners took rooms in my house; they had with them two children. I repeatedly heard sounds of smacking and the children crying. Pri
<lb/>soners stayed only one week.</p>
<hi rend="smallCaps">CHARLES COOPER</hi>, W Division. On Sep
<lb/>tember 17, about four in the morning, I was on duty with another officer, watching No. 52, Selkirk Road. Frederick Chalker came out and put three boxes outside the door; then he came out with a perambulator with three children in it, and patrolled up and down the road till 10 past five. It was raining and cold. About half past four Mrs. Chalker came out and stood in a doorway with a child in her arms. At 10 past five a van came up and the boxes were about to be placed on the van when I interfered and took prisoners and the children to the police-station. I afterwards saw the body of Cissy Bell at the mortuary, and identified it as the child I had seen in Mrs. Chalker's arms.</p>
<p>Cross-examined. I was watching the house for a purpose uncon
<lb/>nected with the children. Cissy Bell was covered with a shawl. We</p>
<xptr type="pageFacsimile" doc="190912070029"/>
<p>arrived at the station just before six; the children were not seen by a doctor until 10 o'clock. Mrs. Chalker had with her some food for the children, I think biscuits.</p>
<hi rend="smallCaps">JOSEPH WILLS</hi>, W. Division. I was with the last witness. At the station I tried to feed Cissy Bell with some milk, but she was too ill to take it. She was in a very emaciated condition; her cloth
<lb/>ing was very foul-smelling, and she was so weak that she could not hold her head up. She had a bruise on her right leg.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-145" type="witnessName">
<interp inst="t19091207-name-145" type="gender" value="male"/>
<interp inst="t19091207-name-145" type="surname" value="THORNE"/>
<interp inst="t19091207-name-145" type="given" value="RICHARD"/>RICHARD THORNE</persName> </hi>, Inspector of the N. S. P. C. C. On September 17 I saw prisoners at Tooting Police Station. I told Frederick Chalker who I was, and that I wanted some information about the four children. After I had cautioned him he said, "My name is Miller; we are just come from Australia. These two children (pointing to Cissy Bell and William Chalker) are ours; they were born in New York. The other two I got from my sister-in-law yesterday, Mrs. Lowman, 37, Doncaster Road, East Lee; I received £3 down and £3 was to follow to adopt them. She got them from a friend; they are twins" I said, "I have reason to believe you have lived in Penge and that your name is Chalker." He said, "Yes. These (Cissy Bell and William Chalker) are two I brought from Penge on Saturday; this (William Chalker) is mine; that (Cissy Bell) we had when she was two weeks old from a Miss Bell, of High Road, Kil-burn; we got £6 for her." The woman said, "That is right." I said, "Where is the child you took away from Penge on Thursday night?" The man said, "I-took it back to Mrs. Moore, 7, Cam
<lb/>borne Road, Wandsworth; I received £5 for him, and we kept him five months. The child that died at Penge we got from Miss Stacey at Southall; we got £3 down and £2 was to follow when she could afford to pay. We also took a child from Mrs. Baker, of Maid
<lb/>stone; we received £2 10s. to adopt her, but we returned it to her because the society's inspector said he was dying. We had a child from Watling, 75, Upwey Road, Weymouth, aged 10 months; that died in Weymouth. There was an inquest, but we got on all right. We were receiving 4s. weekly for that one. I had two from Miss Jackson, 81, Albert Road, Stirling, Southampton, both boys; I got £60 and our passage paid to New York, where they both died. I had two from Mrs. Wallis, at London Bridge; I was living in Croydon; they were both taken from me. My mother put me away then. We have lived in Penge, Beckenham, Wood-side, Farnborough, Southampton, Maidstone, Weymouth, and other places." Cissy Bell I found to be very weak, emaciated, dirty, and verminous. After the doctor had seen her I took her to the infir
<lb/>mary; her weight was then 7 lb.; the normal weight of a child six or seven months old would be 12 to 14 lb.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-146" type="witnessName">
<interp inst="t19091207-name-146" type="gender" value="male"/>
<interp inst="t19091207-name-146" type="surname" value="BROCK"/>
<interp inst="t19091207-name-146" type="given" value="CHARLES"/>CHARLES BROCK</persName> </hi>, Divisional Surgeon. On September 17 I went to Tooting Police Station and examined four children. One, Cissy Bell, I found emaciated, verminous, and dirty, and in a state of general neglect, which I should say had continued for a considerable time. There was no sign of organic disease. The child's condition I should say was due to malnutrition and improper feeding.</p>
<xptr type="pageFacsimile" doc="190912070030"/>
<p>Cross-examined. Mrs. Chalker told me she had fed the child on pat-a-cake biscuits. It was 12.40 when I examined it.</p>
<p>Re-examined. Pat-a-cake biscuits is not a proper food for a child of this age; it would lead to wasting and sickness.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-147" type="witnessName">
<interp inst="t19091207-name-147" type="gender" value="male"/>
<interp inst="t19091207-name-147" type="surname" value="NIXEY"/>
<interp inst="t19091207-name-147" type="given" value="FRANK"/>FRANK NIXEY</persName> </hi>, Assistant Medical Officer, Wandsworth Infirmary. I examined Cissy Bell on her being brought in on September 17. She was suffering from extreme atrophy, bronchitis, ophthalmia, diarrhoea, a swelling of the right thigh bone, and an excoriated con
<lb/>dition of the skin at the joints of the private parts. The atrophy would be due to improper or insufficient feeding. Exposure of the kind that has been spoken to would account for the bronchitis. There was no organic disease. The child gradually sank and died on Novem
<lb/>ber 1. The postmortem examination disclosed a fracture of the right thigh bone; I should say the fracture had existed three or four weeks; it was a matter that should have received medical attention. The general condition of the child was the result of malnutrition and neglect, extending over a long period of time.</p>
<p>Cross-examined. The fracture would not be noticeable at a casual glance; it might even escape the notice of a medical man. The child presented all the appearances of one in a bad condition of health. The principal cause of death was malnutrition.</p>
<p>Mr. Clarke Hall, having closed the direct evidence on this indictment, pro
<lb/>posed to call evidence as to other cases in which prisoners had neglected children (cited Makin v. Attorney-General for New South Wales, 1894 Appeal Cases, page 57).</p>
<p>Mr. Justice Channell said there had been many other decisions on this point since Makin's case. The last was a judgment of the Court of Criminal Appeal in R. v. Fisher (3 Cr. App. R. 176). The Jury had already incidentally heard about other children, they had heard prisoners plead to other indictments. The rule was perfectly clear that a Jury must not be asked to infer that a pri
<lb/>soner has committed a particular crime because that inference is rendered pro
<lb/>bable by other offences not the subject of the indictment. Mr. Clarke Hall. Then, that is the case for the prosecution. Mr. Cassels submitted that there was no case to go to the Jury as against the female prisoner. The allegation was that the death was due to her neglect in not supplying medical aid; that was the duty of the husband, not of the wife (R. v. Rose Saunders, 7 C. and P., 277).</p>
<p>Mr. Justice Channell held that there was quite sufficient evidence to go to the Jury as to neglect and ill-treatment by the woman. Although the indict
<lb/>ment immediately before the Jury was that for manslaughter, and the offence of ill-treatment, etc. (under the Children Act), was the subject of a separate indictment, the latter offence was involved in the present trial just as much as if it formed a separate count in the indictment. The one offence being a felony and the other a misdemeanour, they could not, of course, be embodied in one indictment; but in substance the one involved the other, and the whole case was before the Jury.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-148" type="witnessName">
<interp inst="t19091207-name-148" type="gender" value="female"/>
<interp inst="t19091207-name-148" type="surname" value="CHALKER"/>
<interp inst="t19091207-name-148" type="given" value="KATE"/>KATE CHALKER</persName> </hi> (prisoner, on oath) denied in detail the various acts of neglect alleged. Cissy Bell was fed not on pat-a-cake biscuits, but on cow's milk and barley water. In the different removals referred to this child and the others were always well wrapped up. She denied</p>
<xptr type="pageFacsimile" doc="190912070031"/>
<p>ever smacking or striking the children; they were always very kindly treated, kept clean, and clothed as well as she could afford. She had had Cissy Bell seen by Dr. Meiville and carried out his directions. She had said to her husband, "Be more kind to the children" (not "you beast"); she only referred to his sharp way of speaking to them. The fractured thigh-bone might be accounted for by the fact that once, when the child was falling out of its cradle, and witness went to catch it, she knocked it against the cradle. Everything pos
<lb/>sible was always done for the child.</p>
<p>Cross-examined. I had £6 with the child; I got it from its mother, Miss Bell, when it was a fortnight old. I told the officer its name was Kate Chalker because I had adopted it as my own. Since 1902 I have received in respect of children only £15; the statement my husband made to Inspector Thorne was untrue.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-149" type="witnessName">
<interp inst="t19091207-name-149" type="gender" value="male"/>
<interp inst="t19091207-name-149" type="surname" value="CHALKER"/>
<interp inst="t19091207-name-149" type="given" value="FREDERICK"/>FREDERICK CHALKER</persName> </hi> (prisoner, on oath) also denied in detail all the acts of neglect and ill-treatment alleged.</p>
<p>Cross-examined. I was confused when I made my statement to Thorne and it is not correct; since 1902 we have received about £15.</p>
<p>To Mr. Justice Channell. It was my wife who arranged to take in Cissy Bell. She asked me if she should and I saw no objection, as we had our own child. We are very fond of children and have always done our best for them.</p>
<p>Verdict, both prisoners,
<rs id="t19091207-29-verdict-1" type="verdictDescription">
<interp inst="t19091207-29-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-29-verdict-1" type="verdictSubcategory" value="no_subcategory"/> Guilty of manslaughter.</rs> </p>
<p>Mr. Clarke Hall said he did not propose to proceed with the other indictments. Prisoners had been committed to the Maidstone Assizes on an indictment for manslaughter in respect of a child named Stacey and on an indictment for neglect in respect of a child named Moore.</p>
<p>Prisoners, in reply to Mr. Justice Channell, expressed the desire that the Maidstone charges should be taken into account now.</p>
<rs id="t19091207-29-punishment-30" type="punishmentDescription">
<interp inst="t19091207-29-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-29-punishment-30" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-29-19091207 t19091207-29-punishment-30"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-29-19091207 t19091207-29-punishment-30"/>Mr. Justice Channell sentenced each prisoner to Five years' penal servitude.</rs> He had taken all the cases into consideration and prisoners would not be tried on the indictments at Maidstone.</p> </div1>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Friday, December 10.)</p>
<div1 type="trialAccount" id="t19091207-30">
<interp inst="t19091207-30" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-30" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-30-charge-1" targOrder="Y" targets="def1-30-19091207 t19091207-30-offence-1 t19091207-30-verdict-1"/>
<join result="criminalCharge" id="t19091207-30-charge-2" targOrder="Y" targets="def1-30-19091207 t19091207-30-offence-2 t19091207-30-verdict-"/>
<persName id="def1-30-19091207" type="defendantName">
<interp inst="def1-30-19091207" type="gender" value="male"/>
<interp inst="def1-30-19091207" type="age" value="44"/>
<interp inst="def1-30-19091207" type="surname" value="PARTINGTON"/>
<interp inst="def1-30-19091207" type="given" value="FRANK"/>
<interp inst="def1-30-19091207" type="occupation" value="traveller"/>
<hi rend="largeCaps">PARTINGTON</hi>, Frank (44, traveller)</persName>
<rs id="t19091207-30-offence-1" type="offenceDescription">
<interp inst="t19091207-30-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19091207-30-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>; stealing on or about
<rs id="t19091207-cd-4" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19091207-30-offence-1 t19091207-cd-4"/>Octo
<lb/>ber 30, 1909</rs>, 12 jabots, on or about
<rs id="t19091207-cd-5" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19091207-30-offence-1 t19091207-cd-5"/>October 19, 1909</rs>, nine blouses, on or about
<rs id="t19091207-cd-6" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19091207-30-offence-1 t19091207-cd-6"/>October 20, 1909</rs>, four yards of "Allover," on or about
<rs id="t19091207-cd-7" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19091207-30-offence-1 t19091207-cd-7"/>October 21, 1909</rs>, 10 £ yards of" Allover," and on or about
<rs id="t19091207-cd-8" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19091207-30-offence-1 t19091207-cd-8"/>October 28, 1909</rs>, four yards of net, the goods of
<persName id="t19091207-name-151" type="victimName">
<interp inst="t19091207-name-151" type="gender" value="male"/>
<interp inst="t19091207-name-151" type="surname" value="HURST"/>
<interp inst="t19091207-name-151" type="given" value="ALFRED CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-30-offence-1 t19091207-name-151"/>Alfred Charles Hurst</persName> and another, his masters;</rs>
<rs id="t19091207-30-offence-2" type="offenceDescription">
<interp inst="t19091207-30-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19091207-30-offence-2" type="offenceSubcategory" value="embezzlement"/>embezzling and stealing 7s. 7d., received by him, for and on account of
<persName id="t19091207-name-152" type="victimName">
<interp inst="t19091207-name-152" type="gender" value="male"/>
<interp inst="t19091207-name-152" type="surname" value="HURST"/>
<interp inst="t19091207-name-152" type="given" value="ALFRED CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-30-offence-2 t19091207-name-152"/>Alfred Charles Hurst</persName> and another, his masters.</rs> </p>
<p>Mr. Travers Humphreys and Mr. R. G. Oliver prosecuted; Mr. Rowand Harker defended.</p>
<p>The prisoner was tried on the first indictment.</p>
<xptr type="pageFacsimile" doc="190912070032"/>
<hi rend="smallCaps">
<persName id="t19091207-name-153" type="witnessName">
<interp inst="t19091207-name-153" type="gender" value="male"/>
<interp inst="t19091207-name-153" type="surname" value="HURST"/>
<interp inst="t19091207-name-153" type="given" value="ALFRED CHARLES"/>ALFRED CHARLES HURST</persName> </hi>, 10, Fore Street, City, lace merchant. I was a creditor at the end of 1907 of the business which the prisoner then carried on in the name of Frank Partington at 25, Aldersgate Street as a manufacturer of ladies' fancy neckwear; he employed a few hands on the premises and gave other work out. Defendant owed me £158. He owed Henry Markham, lace merchant, of 39, Foster Lane, £107; his total liabilities were about £500; his assets being about; £200, taking the stock at cost price. Norman Sargent, of Mincing Lane, was also a creditor for £110, money lent. Markham, I, and Sargent saw the prisoner. He left the matter in our hands to do the best for all parties under the circumstances. We decided that it was a great pity to wind this small business up, as if we sold the stock there would probably have been a dividend of about 1s. 6d. in the £, so we proposed to carry on the business with a view to paying the creditors a larger sum. We arranged that Markham and I would put further money into the business so as to finance the concern; we consulted the smaller creditors and they were very pleased with this suggestion; all the creditors consented. Markham and I took over the concern as from January 13, 1908, making ourselves responsible for all goods bought, prisoner being retained at a salary at first of £1 a week and 21l. 2 per cent, commission on the turnover, which was after
<lb/>wards, at his request, altered to 30s. a week without commission; and his wife was also engaged at £2 a week. We opened an account at the London and County Bank, Fleet Street, in the name of Markham and Hurst. We issued a circular to all creditors making ourselves legally liable for goods supplied. Prisoner had no power at all to draw on that account. He was an ordinary servant at a salary. The books were kept at my office by my clerk, prisoner having a day book in which he was to enter all transactions, from which they were posted by my clerk. That arrangement was a verbal one and continued during the year 1908. In January, 1909, we consulted our solicitors and the existing engagement was reduced into writing by agreement (produced), assigning the business, goodwill, etc., absolutely to Mark
<lb/>ham and myself and carrying out the verbal arrangement then existing. This was signed by myself, Markham, and the prisoner. The agree
<lb/>ment contains a schedule of the debts amounting to £565, and when they were paid prisoner was to be allowed to take back the business. By letter of January 25, addressed to prisoner by us, and agreed to in writing by him, further details of the arrangement were put into writing; prisoner was entitled to buy back the business by paying off the creditors and meantime he and his wife were employed at £1 10s. and £2 per week, terminable at a week's notice. The business con
<lb/>tinued to be carried on as before. It being a manufacturer's business, goods were sold only to the wholesale trade. Prisoner was strictly forbidden to supply retail dealers. The business had no customers in the country at all—only in London. On October 29 I received infor
<lb/>mation, and on November 11 saw Knight, a draper of Redhill. Knight showed me two boxes of lace jabots (produced). They are my property and are worth 12s. lid. wholesale. I examined the books and found no entry of any such sale. On November 5 I saw prisoner at 25,</p>
<xptr type="pageFacsimile" doc="190912070033"/>
<p>Aldersgate Street and said, "I am sorry to say, Partington, that you are playing the same game again now as you were a year ago." He said, "That is not the case," and asked me what I meant. I said, "It is useless talking like that. You have sold some of our lace goods to a man named Knight, of Redhill, and they are not entered in our bocks." Before I had said that I said, "You have been selling some of our lace things and not entering them in the books"; that he denied. Then I told him I was in possession of facts and that he had sent goods to Knight, of Redhill. That seemed rather a shook to him; he seemed very much surprised and taken aback and said, "Well, yes, I have." I told him he had not entered them. He said, "Well, I have entered those in a private book, "and went on to explain that he had borrowed some money from a lady friend and been making fancy cushions for the Christmas trade and he was entering the cushion business in a private book. I said, "I must have that private book." He took from his desk book (produced), which I opened; I found written on the front leaf, "A. Francis." I said, "What is this?" He said, "That is the name I am selling my cushions under." I asked him what cushions he was talking about and he said he and his wife had been making cushions after business hours. I then saw the entry to Knight for 12s. lid., with the word "Paid" written across it; 12s. lid. is a few pence over the price we should have charged an ordinary customer for the goods. I said, "Has this man paid you?" He said, "Yes, a few days ago." I asked him what he had done with the money. He said, "Oh, I have put it in my private banking account," and that he was going to hand it over to us later on. I then noticed an entry to Hetherington, of Brighton, for some lace blouses amount
<lb/>ing to £1 6s. 8d. I asked him what they were. He said, "Oh, they are just a little lot of blouses, which I sold to Hetheringtons." I said, "Are they our goods?" He said, "Oh, yes, they are your goods," and that as soon as Hetheringtons paid he should hand us the money. It appears from the book it was a sale in the name of Francis. I then found three entries of goods sold to Mrs. Harris, who is one of our own workpeople. They are dated October 20 and 21 and November 2 and amount to £1 7s. He said that he had sold some of our lace goods to Mrs. Harris and when she paid he would also hand that money over. Mrs. Harris does work for herself as well as for us. She does not, as a rule, buy her materials from us, but there is no reason why she should not so so; we are always willing to let our workpeople buy materials. The sale would have been quite in order if it had been entered in our books, and might have been deducted from wages. I had no know-ledge bf either of those transactions. Blouse produced is our pro
<lb/>perty. Its value 1s. 4s. Defendant sold nine blouses at 2s. 11 1/2 d. each. This is the cheapest one of the nine. One of them was marked 8s. lid.</p>
<p>Cross-examined. The liabilities scheduled to the agreement are not the same as those existing when we first entered into the arrange
<lb/>ment with prisoner the year before; some had been liquidated and some fresh liabilities had occurred. We should have been very pleased</p>
<xptr type="pageFacsimile" doc="190912070034"/>
<p>if prisoner could have taken the business over; we carried it on with that object. It is not a large business, but there is a living in it for one man; the business is right enough, but it wanted capital. Pri
<lb/>soner managed the business with the exception of the financial part; he engaged and discharged the staff and selected things to be bought (the orders being signed by us), and controlled the sales. He men
<lb/>tioned that he was selling some Caxton books, and asked me to buy some—he may have told me he had taken up the agency. The value of the blouses is shown by the cost book. It is not here. In June, 1909, we told prisoner not to buy more stock than he could help, but to use up what he had—we thought the stock was too heavy. and should be reduced. In November I told him not to buy any more stock than he could possibly help, but to use up the stock which he had, so that at the end of the year we should not have a large stock upon our hands when the Christmas season was over. I did not tell him to get rid of the stock. On November 5 I saw prisoner, accom
<lb/>panied by my solicitor and a detective. He undoubtedly appeared to be endeavouring to keep something back from me. He was not open about it until I mentioned Knight, and the book was produced which he took from his private desk. He would not have produced that book if I had not told him that he had sold goods to Knight, of Bed-hill. Then I saw the entries of the other goods. Prisoner said he was waiting for Hetherington's cheque, and he was going to hand that and Knight's money over together. I have never seen circular (pro
<lb/>duced) in the name of Francis.</p>
<p>Re-examined. The first time I ever heard of the name of Francis was November 5. There was no necessity for sacrificing articles like the jabots or blouses—they are regularly sold to wholesale firms.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-154" type="witnessName">
<interp inst="t19091207-name-154" type="gender" value="male"/>
<interp inst="t19091207-name-154" type="surname" value="KNIGHT"/>
<interp inst="t19091207-name-154" type="given" value="ARTHUR JAMES"/>ARTHUR JAMES KNIGHT</persName> </hi>, Warwick House, Redhill, draper. At the end of October prisoner called upon me as A. Francis, manufac
<lb/>turer of fancy goods, carrying on business at Aldersgate Street. I had never seen him before. I bought of him two boxes of lace jabots (produced) for 12s. 11d., which arrived on October 20, and I sent to A. Francis cheque (produced) on Farrow's Bank for 12s. 3d., which has been paid. Receipt (produced) dated November 2 and signed by "A. Francis" was forwarded to me.</p>
<p>Cross-examined. Prisoner told me that he was a maker and dealer in cushions.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-155" type="witnessName">
<interp inst="t19091207-name-155" type="gender" value="male"/>
<interp inst="t19091207-name-155" type="surname" value="JONES"/>
<interp inst="t19091207-name-155" type="given" value="WALTER HENRY"/>WALTER HENRY JONES</persName> </hi>, assistant manager, Farrow's Bank, 1, Cheapside. I produce copy of prisoner's account at my bank in the name of "Frank Partington, manufacturer, 25, Aldersgate Street, E. C.," opened on October 23, 1903, by payment in of £5 1s. 3d., consisting of a cheque for £2 7s. 3d. and cash. On November 2 Knight's cheque for 12s. 3d. was paid in. On October 30 cheque for 10s. 6d. was with drawn; with the cost of cheque book there is now a balance of £5 2s.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-156" type="witnessName">
<interp inst="t19091207-name-156" type="gender" value="female"/>
<interp inst="t19091207-name-156" type="surname" value="GAUNTLET"/>
<interp inst="t19091207-name-156" type="given" value="NORAH MAUD"/>NORAH MAUD GAUNTLET</persName> </hi>, buyer in the blouse and lace department of Hetherington and Company, Western Road, Brighton. On Octo
<lb/>ber 19 prisoner called on me, handed card (produced) "A. Francis," and offered nine blouses. I did not want to buy them, but he said</p>
<xptr type="pageFacsimile" doc="190912070035"/>
<p>that he could offer them very cheap, as they were oddments—and would sell them at 35s. 11d. a dozen. I said, "They are cheap, and I will have them." We have sold them all except the one (pro
<lb/>duced) which is marked with a manufacturer's price, "8s. 11d." We sold them at 6s. 11d. each—they were unusually profitable.</p>
<p>Cross-examined. We always term a lot like this a job lot. Pri
<lb/>soner did not show them as samples for me to place an order for a quantity. I did not want them at all—we had no account with the prisoner.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-157" type="witnessName">
<interp inst="t19091207-name-157" type="gender" value="male"/>
<interp inst="t19091207-name-157" type="surname" value="HARRIS"/>
<interp inst="t19091207-name-157" type="given" value="RAY"/>RAY HARRIS</persName> </hi>, wife of Mark Harris, Farley Road, Stoke Newing
<lb/>ton. I am employed as blouse maker by "F. Partington." On Octo
<lb/>ber 20 I bought four yards of lace Allover from prisoner. I received invoice (produced) in the name of A. Francis—my aunt fetched it. On October 21 I bought 10 1/2 yards of Allover, also fetched by my aunt, and for which I received invoice (produced) in the name of A. Francis. On November 2 I bought of prisoner 4 yards of black net—5s. 3d. invoiced to me by "A. Francis." The materials now shown me are what I bought.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-158" type="witnessName">
<interp inst="t19091207-name-158" type="gender" value="male"/>
<interp inst="t19091207-name-158" type="surname" value="WATSON"/>
<interp inst="t19091207-name-158" type="given" value="RAY"/>RAY WATSON</persName> </hi>, aunt of the last witness. On October 20 and Octo
<lb/>ber 21 I asked prisoner if he would let my niece have some materials, and brought some back with me. I noticed the invoices were in the name of Francis. Prisoner made the remark "This invoice will do for this business."</p>
<p>Cross-examined. It was quite understood that Mrs. Harris would pay for the goods in a few days.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-159" type="witnessName">
<interp inst="t19091207-name-159" type="gender" value="male"/>
<interp inst="t19091207-name-159" type="surname" value="STEVENS"/>
<interp inst="t19091207-name-159" type="given" value="EDGAR ROBERT"/>EDGAR ROBERT STEVENS</persName> </hi>, traveller to Henry Markham, 32, fos
<lb/>ter Lane. I sold to the business of Frank Partington, carried on by Markham and Hurst, some lace Allover similar to that produced.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-160" type="witnessName">
<interp inst="t19091207-name-160" type="gender" value="male"/>
<interp inst="t19091207-name-160" type="surname" value="HURST"/>
<interp inst="t19091207-name-160" type="given" value="SAMUEL JOSEPH"/>SAMUEL JOSEPH HURST</persName> </hi>, clerk and uncle to A. C. Hurst, 10, Fore Street. I also acted as clerk to Markham and Hurst, who carry on busi
<lb/>ness as Frank Partington; it was my duty to post from the day book kept by the prisoner. There are no entries of the sale of lace jabots to Knight, of Redhill, of blouses to Hetherington, Brighton, or of Allover, or black net, to Mrs. Harris. It was prisoner's duty to hand over to me all cash that he received. He handed me nothing as being received from Knight, of Redhill. He did not generally have cash, as most of the payments were made by cheques, which were sent on to me at Fore Street—there were very few cash transactions.</p>
<hi rend="smallCaps">ERNEST THOMPSON</hi>, City Police. On Novem
<lb/>ber 5, at 5.15 p.m., I was at 25, Aldersgate Street, when prisoner was given into my custody by A.C. Hurst, who charged him with stealing two boxes of lace jabots on October 29, the property of his employers. He said to Mr. Hurst, "You do not mean to have me arrested, do you? Cannot matters be arranged in some other way?" I took him to the station and formally charged him; he made no reply. He remained in custody till the following morning, when he went before the Alderman, and was bailed. I did not hear the whole of the conversation between Mr. Hurst and the prisoner.</p>
<p>Cross-examined. I was by the doorway and heard Hurst question
<lb/>ing prisoner. Hurst said, "You have been selling our goods.</p>
<xptr type="pageFacsimile" doc="190912070036"/>
<p>Prisoner said, "Oh, yes; I have got those entered in the book." After being pressed prisoner was quite open.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-161" type="witnessName">
<interp inst="t19091207-name-161" type="gender" value="male"/>
<interp inst="t19091207-name-161" type="surname" value="PARTINGTON"/>
<interp inst="t19091207-name-161" type="given" value="FRANK"/>FRANK PARTINGTON</persName> </hi> (prisoner, on oath). No suggestion was made or arrangement come to that I was not to carry on any other business besides looking after that of "F. Partington." Excepting the finan
<lb/>cial part I had entire control of the business; I engaged and discharged servants, sold and bought stuff, made designs, etc. In June, 1909, I had an interview with Markham and Hurst. Markham said, "Partington, your stock is very heavy. I thought you said it was not going to be so heavy this year—that you were not going to have much stock this stock-taking." I said, "It is heavier than I thought." They then asked to see certain portions of the stock to see if it corresponded with the stock book, which I showed to them. Markham turned to my wife and said, "You know, Mrs. Partington, this busi
<lb/>ness is as much yours to-day as ever it was. The assignment is only a security for the recovery of the accounts." I mentioned that the bulk of the stock was new stuff for the autumn. In the early part of October I had another interview with Markham at Foster Lane. He said, "Partington, your stock is very heavy. Your purchases seem to be keeping very high. We want you to keep it down." He told me for my good I should keep it down before stock-taking, which took place in December. I told him I had stopped buying a month previously, as I had realised my stock was heavy. At the beginning of October I started the business of A. Francis; I took a room at 25, Aldersgate Street, for which I paid 2s. 6d. a week. I started that business with the object of getting sufficient capital so that at the end of the assignment, if we had not made sufficient money in the business, we might have a little more by us. It was for the sale of lace cushions and I issued circular produced. I borrowed £7 from Miss Ethel Denton to start and opened an account at Farrow's Bank in my own name for the business of A. Francis. The £5 1s. 3d. paid in was the balance of the loan after buying some materials, 10s. 6d. being drawn out for printing. Part of the money paid in was paid for cushions sold. I went into the country to sell cushions and called on Knight, of Redhill, and after what Markham had said about reduc
<lb/>ing the stock I decided to take some oddments and sell them in the name of A. Francis, who would have a weekly account with F. Part
<lb/>ington, so that "A. Francis" would be responsible for anything sold and "F. Partington" should not lose anything. I made no attempt to sell to the retail trade in the name of F. Partington—I was loyal to my wholesale customers. I did not want the business of F. Part
<lb/>ington to run any risk. (To the Recorder.) It was not a question of the risk of being found out—everything was open. "Frank Part
<lb/>ington" was a wholesale house and it would never do for us to sell to retail businesses because we should lose the wholesale customers. I had the privilege of opening any accounts I chose and I chose to open the account with A. Francis. If I had sold in the name of F.</p>
<xptr type="pageFacsimile" doc="190912070037"/>
<p>Partington the goods would have been entered in the books at once. I never made a penny out of it in any way. The object of taking the name of Francis was in order that it might not be discovered that I, a wholesale house, was selling to retail people. (To Mr. Harker.) I did not use the name of Francis with any intention to deprive Hurst and Markham of the goods or the money for the goods—it was simply to realise the best possible price for the stock. I got a better price than if I had sold to a wholesale house. In the same way I sold the blouses to Hetherington's; they were odd blouses that had been lying about the place through two stock-takings and had been marked down at 3s. lid. My wife ironed them up to make them look fresh and I sold them at 35s. lid. a dozen. I put Knight's cheque into my account at Farrow's Bank instead of paying it to Hurst, intending to pay it over at the end of the week. I did not receive payment from Hetherington or Harris. Mrs. Harris only wanted to leave the payment for a few days and I did not think it advisable to open an account with F. Partington. Mr. Markham was away and I did not see Mr. Hurst, or he would have known about it. There was no secrecy about starting the new business. On November 5, when accused by Hurst of stealing his property, I was taken by surprise that he should think what I was doing was dishonest. I produced the book which was in the general desk, open to anybody, and where all books and papers were kept.' I produced the book quite willingly and answered all the questions put to me. I said that I had not paid over the money because I was waiting for Hetherington's cheque. I pointed out that the business of A. Francis was for the sale of cushions. When I sold these goods I had no intention of depriving Hurst and Markham of either the goods or the money. They were sent off by carrier, despatched by Steven, the boy in the employ of "F. Partington."</p>
<p>Cross-examined. Hurst and Markham had no knowledge that I was carrying on the business of A. Francis—I should have told them if they had been there. I took the books, etc., to Fore Street every morning or sent them over. There was no difficulty in seeing Mr. Hurst. I read and understood the agreement and understood that I was a servant—I was content to be a servant, the engagement being terminable by a week's notice on either side. I do not say I was entitled to do what I liked with the goods of F. Partington. I had no authority under the assignment to make money by selling their goods. I did not enter the sale to Knight so that Hurst and Mark
<lb/>ham should not have any retail names in their accounts and the cheque would have been received by "A. Francis, cushion maker." The account between A. Francis and F. Partington would have been a weekly account and all moneys received up to Saturday morning would have been paid in on the Saturday. Hurst did not forbid me to go into the country and sell goods. He said he would rather I did not go; it would not pay, as he had agents to whom he would pay the commission. I went in the name of A. Francis and sold the goods in that name. I had the discretion to open an account. The business was treated as mine all the way through. (To the Receiver.)</p>
<xptr type="pageFacsimile" doc="190912070038"/>
<p>The business could not be carried on without being financed. I was hopelessly insolvent and but for the interposition of Messrs. Hurst and Markham I should have had a receiving order made against me and been made a bankrupt. As they did not want to get only 1s. 6d. dividend they took over the business and constituted me their servant. There was nothing in the agreement obliging me to give my full time. At the time of the assignment Markham said there was nothing to prevent me from buying another business. (To Mr. Travers Humphreys.) I thought at the time I was perfectly entitled to open an account in the name of A. Francis as between myself and Markham and Hurst. It was not opened in their books—it would have been on the Saturday, the day after I was charged—when I should have paid them the cheque. I did not think it necessary to open the account before; I cannot give any other reason why A. Francis. should be treated differently from any other customer. Mrs. Harris was not a retailer. The transaction with her was 15 days before I was arrested, but she had not then paid. Miss Holden had some goods in August; she did not pay at the time. She paid eventually when we were very busy and I put the money in my pocket, making a memorandum on a paper, which was put in the petty cash drawer. Miss Holden asked me to oblige her with a yard or two of chiffon and tendered me half a sovereign; I had not change at the time and the payment was not made, but a memorandum was put in the petty cash. Miss Allaman, one of the workpeople, may have had a few yards of stuff. It was entered in the work book and would have been put in the petty cash book. The petty cash book was in the hands of my wife.</p>
<p>Re-examined. The only money I received in respect of these transactions was Knight's cheque on November 2, which would have been entered on the following Saturday, but I was arrested on Friday, November 5.</p>
<rs id="t19091207-30-verdict-2" type="verdictDescription">
<interp inst="t19091207-30-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-30-verdict-2" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>, (Saturday, December 11.)</p>
<p>It was stated that in November, 1908, prisoner had sold a quantity of goods to Hitchcock, Williams, and Co., received £45 5s. 8d. and not paid it over; also £25 from Evans, and that the written agree
<lb/>ment was then entered into to prevent any similar transactions; and that, besides the present charge, the wages books had been falsely over
<lb/>charged by the prisoner.</p>
<rs id="t19091207-30-punishment-31" type="punishmentDescription">
<interp inst="t19091207-30-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-30-punishment-31" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-30-19091207 t19091207-30-punishment-31"/>Six months' imprisonment</rs>, second division.</p> </div1>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE COMMON SERJEANT</hi>.</p>
<p>(Friday, December 10.)</p>
<div1 type="trialAccount" id="t19091207-31">
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<interp inst="t19091207-31" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-31-charge-1" targOrder="Y" targets="def1-31-19091207 t19091207-31-offence-1 t19091207-31-verdict-1"/>
<persName id="def1-31-19091207" type="defendantName">
<interp inst="def1-31-19091207" type="gender" value="male"/>
<interp inst="def1-31-19091207" type="age" value="59"/>
<interp inst="def1-31-19091207" type="surname" value="SPURGE"/>
<interp inst="def1-31-19091207" type="given" value="ALFRED"/>
<interp inst="def1-31-19091207" type="occupation" value="commission agent"/>
<hi rend="largeCaps">SPURGE</hi>, Alfred (59, commission agent)</persName>
<rs id="t19091207-31-offence-1" type="offenceDescription">
<interp inst="t19091207-31-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091207-31-offence-1" type="offenceSubcategory" value="fraud"/>, having been entrusted with divers moneys in order that he might pay the same to
<persName id="t19091207-name-163" type="victimName">
<interp inst="t19091207-name-163" type="gender" value="male"/>
<interp inst="t19091207-name-163" type="surname" value="SMEDLEY"/>
<interp inst="t19091207-name-163" type="given" value="SAMUEL WALLACE"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-31-offence-1 t19091207-name-163"/>Samuel Wallace Smedley</persName>, did fraudulently convert the said moneys to his. own use and benefit.</rs> </p>
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<p>Mr. George Tully-Christie prosecuted; Mr. Horace Fenton de
<hi rend="smallCaps">
<persName id="t19091207-name-164" type="witnessName">
<interp inst="t19091207-name-164" type="gender" value="male"/>
<interp inst="t19091207-name-164" type="surname" value="SMEDLEY"/>
<interp inst="t19091207-name-164" type="given" value="SAMUEL HORACE"/>SAMUEL HORACE SMEDLEY</persName> </hi> (S. W. Smedley ond Co., fruit and potato merchants). I carry on business at 171, St. Pancras potato market, Wisbech, and Evesham, Worcestershire. Prisoner first entered my employment about twelve months ago. At first there was no agree
<lb/>ment, but when he took up a second department an agreement was entered into "We (S. W. Smedley and do.) agree to employ Mr. A. Spurge to call upon all London jam makers, with the exception of John Moir and Son and Messrs. Plaistowe and Company, at the rate of 3s. weekly as wages and 2s. 6d. per ton commission on all orders actually booked by him. No commission paid on any orders given direct to Wisbech office by letter, wire, etc. All sales to be ad
<lb/>vised to Wisbech office immediately they are booked, and general re
<lb/>port sent regularly." Prisoner's duty was to call upon jam mer
<lb/>chants and obtain orders for fruit, plums, strawberries, and things like that, and he got a commission of so much per ton. Fruit varies enormously in price. Prisoner told me he had other agencies, and he was to do this one about three half days a week. I sent instruc
<lb/>tions daily to my manager in London, and he gave them to prisoner. He was not to collect money for fruit, usually that was sent through the post, but he collected money for potatoes, and was to pay that in on the morning following. I gave him a receipt book, similar to that produced, and told him that when "he collected money he was to use these printed receipt forms, and make an entry on the counterfoils. The billhead produced is our ordinary form of account: "Bought of S. W. Smedley and Co., fruit and potato merchants. Two bags of potatoes at 60s.—£3. "A" bag "is 1 cwt., and there is 1s. for por
<lb/>terage, and a charge of 6d. each on the bags, which is returnable, making in all £3 2s. There is another charge relating to 19s. 4d., another to £1 1s. Looking at the receipts, I notice that there is no date, and the bottoms of the billheads, with one exception, have been cut off, containing the words "No receipt acknowledged by us unless on printed form." Prisoner was asked to collect these accounts.</p>
<p>Cross-examined. When prisoner took over the fruit department he had been with me about six months, and may be taken to have given me entire satisfaction; I had no complaints. He did not come to me with a character, but I knew he had been accustomed to this kind of trade. I gave him the receipt book myself; I swear that. I have never had it back again; I have asked prisoner for it. He would not have exhausted the book of receipts. He took very little money, not £20 the whole time he was in my employ. What money he took he paid over to my manager. I never received money from him through the post. The fruit people did not make a practice, of paying him, but if they had offered him money he would have been entitled to receive it. I cannot produce any form properly receipted by prisoner. He took very few accounts during the course of his em
<lb/>ployment, and the customers, of course, hold the re
<lb/>ceipts. Prisoner took one order from Messrs. John Moir and Son. I suggest he was not entitled to take the order. I had a customer</p>
<xptr type="pageFacsimile" doc="190912070040"/>
<p>named Potter. I do not think it was in respect of commission that Spurge said was due on Potter's account that trouble first arose be
<lb/>tween us. There had been no trouble between Spurge and myself up to June 19, which was the date of the agreement as to the fruit. I wrote to him on August 14, it was at that time a dispute first arose between us: "Dear Sir, We understand from our London office that you have not called to-day. We are sorry you omitted to do so, as the order taken from Moir & Son cannot be booked at that price, and you were distinctly told that the lowest price was £7. Please see that this order is cancelled and contract returned first thing Monday morning. As the fruit season is now practically over and we have nothing further to offer, we shall not require you any more to do this business. Please note and return all contract books held by you. You can, of course, keep selling potatoes as before." I do not make any suggestion there that he was not entitled to call upon Messrs. John Moir; I only ques
<lb/>tion the price at which he contracted. As to the reasons for that, for one thing we were discharging him. He was a weekly salaried ser
<lb/>vant, also receiving commission. The lowest price we had given him was £7 and he had contracted with John Moir and Son at £6 15s. On a 10-ton order the difference would be 50s. I am quite sure that £7 was our limit. The order was for "Evesham egg" plums and the commission would have been perhaps 12s. 6d. I do not remember any question arising about his being entitled to that 12s. 6d.; there may have been some question between prisoner and my manager, Mr. Hamblin. If the order was taken at the London office, prisoner would naturally not have been paid commission unless the London office had been directed by him to get that order. It is a provision in the agree
<lb/>ment," No commission to be paid on any order given direct to Wis
<lb/>bech (or London) office by letter, wire," etc. Commission was only to be paid on orders actually booked by prisoner. If a customer wrote, or wired, or telephoned to the London office and gave the order in that way, it would not be an order actually booked by prisoner. Potter's order was the first taken by prisoner, I believe, after the agreement. There was no complaint so far as I am aware from pris
<lb/>oner that the commission on that order was not paid. If there had been I should have heard of it, as I am the proprietor of the whole business. I do not remember that I disputed it because the order was telephoned to the London office. The fruit business with prisoner was unsatisfactory right through. I wrote the letter (produced) of July 27, urging prisoner to push the sale of raspberries, strawberries, etc. There is no complaint in that letter, but there are other letters I sent him complaining. I have no copies of those letters. On July 27 the fruit season for jam making was still well on. When I wrote on August 14 the season was practically over. That letter was not written as an excuse to get rid of him; he was not satisfactory and the season was over, so instead of keeping him on during the fag end we dismissed him. We did not lose Messrs. John Moir and Son as a customer on account of the cancellation of the contract. They placed an order with us a few weeks afterwards. I called upon them personally several times. I have received no account from prisoner accounting for</p>
<xptr type="pageFacsimile" doc="190912070041"/>
<p>moneys he is charged with appropriating. There was never any diffi
<lb/>culty in finding prisoner. When he was in my employment he was living at Saltoun Crescent, West Kensington. I know he moved from there into All Saints Road, but I had to find that out myself, and it took me some little time to do it. I have had similar difficulties with other agents. On one occasion I was sued for commission alleged to be due, but the summons was with drawn.</p>
<p>Re-examined. Before this charge was brought I heard nothing of. any commissions being due to prisoner. Many of the customers re
<lb/>fused to produce their receipts on account of witnesses having to attend here for such a long time.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-165" type="witnessName">
<interp inst="t19091207-name-165" type="gender" value="male"/>
<interp inst="t19091207-name-165" type="surname" value="FRY"/>
<interp inst="t19091207-name-165" type="given" value="JOHN"/>JOHN FRY</persName> </hi>, greengrocer, 84, Moscow Road, Bayswater. On August 10 prisoner came to me and I paid him the account (produced) for £3 2s., and he gave me a receipt. On August 13 the same thing hap-pened with reference to an account of £1 1s. On July 30 I paid him £3 lis. and he gave me a receipt. No official labels were attached to the receipts.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-166" type="witnessName">
<interp inst="t19091207-name-166" type="gender" value="male"/>
<interp inst="t19091207-name-166" type="surname" value="BIGGS"/>
<interp inst="t19091207-name-166" type="given" value="LYTTON"/>LYTTON BIGGS</persName> </hi>, greengrocer, 4, New Street, Dorset Square. In July I paid prisoner 19s. 4d. and on August 26 7s. 2d. He gave me the receipts produced. He never gave me receipts with the official stamp on. I do not think I have ever seen prisoner with green receipt slips.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-167" type="witnessName">
<interp inst="t19091207-name-167" type="gender" value="male"/>
<interp inst="t19091207-name-167" type="surname" value="SELYVELD"/>
<interp inst="t19091207-name-167" type="given" value="ISAAC"/>ISAAC SELYVELD</persName> </hi>, greengrocer,*29, Pembridge Road, Bayswater. On August 18 I paid prisoner 18s. 2d. and he gave me the receipt pro
<lb/>duced. I gave him a further order for some potatoes. I have never seen him with the official receipts.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-168" type="witnessName">
<interp inst="t19091207-name-168" type="gender" value="male"/>
<interp inst="t19091207-name-168" type="surname" value="HAMBLIN"/>
<interp inst="t19091207-name-168" type="given" value="HAROLD JAMES"/>HAROLD JAMES HAMBLIN</persName> </hi>, seed merchant. I was Mr. Smedley's manager until about a month ago. Money received by prisoner would be handed to me. I had nothing at all to do with his commission. I do not remember him handing to me £3 2s. or £1 1s. or 19s. 4d., or the other sums which have been mentioned.</p>
<hi rend="smallCaps">MARX PINNOCK</hi>, Y. On November 10 I went to All Sainte Road, Westbourne Park, and there saw prisoner. I told him I was a police officer and should arrest him for embezzling money belonging to Mr. Smedley. He said, "I have only had what is due to me for commission. I thought I had a right to keep it." At the station he asked what were the amounts he was going to be charged with. I showed him receipts for £3 2s., £1 1s., and 19s. 4d. He said, "Yes, quite right; I have had those and in all about £6 odd." He was then' charged and made no reply. On November 17 prisoner was further charged with embezzling three other sums, namely, 10s., on July 30, 1909, 18s. 2d. on August 18, 1909, and 7s. 2d. on September 4, 1909. He said, "That is quite right. I have had those." He was charged and made no reply.</p>
<p>Cross-examined. I ascertained that prisoner had lived in Saltoun Crescent for three and a half years, and was for 20 years in the employ of Messrs. Buchholtz, in the City, until the partnership was dissolved.</p>
<xptr type="pageFacsimile" doc="190912070042"/>
<hi rend="smallCaps">
<persName id="t19091207-name-169" type="witnessName">
<interp inst="t19091207-name-169" type="gender" value="male"/>
<interp inst="t19091207-name-169" type="surname" value="SPURGE"/>
<interp inst="t19091207-name-169" type="given" value="ALFRED"/>ALFRED SPURGE</persName> </hi> (prisoner, on oath). I am now living at 38, All Saints Road, Westbourne Park. Previously I lived at Saltoun Crescent, West Kensington, for three and a half years. I am married and have two children, who are grown up. I started in life as a draper's assistant in Essex and was afterwards in Stowmarket in the same line of business. In 1875 I came to London. I was first with Messrs. Spencer, Turner, and Boldero, then with Messrs. Debenham and Freebody, and afterwards with Messrs. Buchholtz, in St. Paul's Churchyard, in whose employment I remained for 19 or 20 years, until the firm was divided. That was over 10 years ago. I have been down to make inquiries as to a reference, but all the people I knew have disappeared entirely. Then I went into the wholesale drapery business and became a commercial traveller. I have now for some time been a commission agent and in that capacity entered the employ of the prosecutor. Up to the time of my signing the agreement as to the fruit business of June 19 there had been no complaint with regard to my work and, as far as I know, I gave the fullest satisfaction. The first trouble arose over the account of Messrs. Potter and Co., who were buyers of fruit. I called upon them one morning with a quota
<lb/>tion for fruit, but during the day they placed the order with the London office by telephone. At the end of the week, when I asked Mr. Smedley for the commission he refused to pay me because the order had come over the 'phone. I considered I was entitled to com
<lb/>mission on any orders sent to the London office, but not on orders sent to Wisbech. I never took any orders without booking them and I signed contracts as for Smedley and Co. This occurred shortly after the signing of the agreement. It was by permission of Mr. Smedley that I called on Messrs. John Moir and Son. I obtained from them an order for plums on August 11. I have never heard Mr. Smedley dispute the placing of that order with me; he has made no complaint of it whatever. He said I ought to have got £7 instead of £6 15s. I replied that as I had no quotation for £7 I sold them at £6 15s., which was the market price. It is not the fact, as he says in his letter of August 14, that he distinctly told me the lowest price was £7. I tried to get the order cancelled, but was unable to do so. At that time the fruit season was not nearly over. The letter of August 14 did not entirely sever my connection with the firm; I was still to continue with the potatoes. There is nothing in the way of complaint in any letter I ever received from the firm. It is not true that I was provided by Mr. Smedley with a receipt book; I never had one all the time I was there. If I had such a thing I should have returned it. I have no knowledge of tearing off the billheads the printed slip stating that only printed receipts would be recognised. I think I may have done so on one occasion. I admit receiving the moneys in respect of which I am charged, but I thought as I could not get commission for the orders of Potter, Moir and Son, and South
<lb/>well and Co. I was entitled to retain the moneys I had received. I produce an account of what I consider was due to me from Smedley</p>
<xptr type="pageFacsimile" doc="190912070043"/>
<p>and Co. I have written to the Wisbech office on several occasions, but have never received a satisfactory reply and have received no payment on account of commissions. The next thing was that I was arrested on a warrant. I never denied to the constable that I had received these moneys. I said to him, "I have only had what is due to me for commission. I thought I had a right to keep it." That is what I honestly thought. What I retained represented, I thought, what was due to me for commission.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-170" type="witnessName">
<interp inst="t19091207-name-170" type="gender" value="male"/>
<interp inst="t19091207-name-170" type="surname" value="ROBINSON"/>
<interp inst="t19091207-name-170" type="given" value="FRANCIS"/>FRANCIS ROBINSON</persName> </hi>, formerly a Chief Inspector in the Metropolitan Police, owner of the house in which prisoner lived for three and a half years, was called to character.</p>
<rs id="t19091207-31-verdict-1" type="verdictDescription">
<interp inst="t19091207-31-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19091207-31-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
<hi rend="largeCaps">JUDGE RENTODL</hi>.(Friday, December 10.)</p>
<div1 type="trialAccount" id="t19091207-32">
<interp inst="t19091207-32" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-32" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-32-charge-1" targOrder="Y" targets="def1-32-19091207 t19091207-32-offence-1 t19091207-32-verdict-1"/>
<persName id="def1-32-19091207" type="defendantName">
<interp inst="def1-32-19091207" type="gender" value="male"/>
<interp inst="def1-32-19091207" type="age" value="30"/>
<interp inst="def1-32-19091207" type="surname" value="GOGGINS"/>
<interp inst="def1-32-19091207" type="given" value="WILLIAM"/>
<interp inst="def1-32-19091207" type="occupation" value="labourer"/>
<hi rend="largeCaps">GOGGINS</hi>, William (30, labourer)</persName>
<rs id="t19091207-32-offence-1" type="offenceDescription">
<interp inst="t19091207-32-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19091207-32-offence-1" type="offenceSubcategory" value="sodomy"/>,
<hi rend="smallCaps">
<rs id="t19091207-32-verdict-1" type="verdictDescription">
<interp inst="t19091207-32-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-32-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of attempting to procure the commission of an act of gross indecency by
<persName id="t19091207-name-172" type="victimName">
<interp inst="t19091207-name-172" type="gender" value="male"/>
<interp inst="t19091207-name-172" type="surname" value="COLEMAN"/>
<interp inst="t19091207-name-172" type="given" value="HENRY GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-32-offence-1 t19091207-name-172"/>Henry George Coleman</persName>, a male person.</rs> </p>
<rs id="t19091207-32-punishment-32" type="punishmentDescription">
<interp inst="t19091207-32-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-32-punishment-32" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-32-19091207 t19091207-32-punishment-32"/>Six months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19091207-33">
<interp inst="t19091207-33" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-33" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-33-charge-1" targOrder="Y" targets="def1-33-19091207 t19091207-33-offence-1 t19091207-33-verdict-1"/>
<join result="criminalCharge" id="t19091207-33-charge-2" targOrder="Y" targets="def2-33-19091207 t19091207-33-offence-1 t19091207-33-verdict-1"/>
<join result="criminalCharge" id="t19091207-33-charge-3" targOrder="Y" targets="def1-33-19091207 t19091207-33-offence-2 t19091207-33-verdict-1"/>
<join result="criminalCharge" id="t19091207-33-charge-4" targOrder="Y" targets="def2-33-19091207 t19091207-33-offence-2 t19091207-33-verdict-1"/>
<persName id="def1-33-19091207" type="defendantName">
<interp inst="def1-33-19091207" type="gender" value="male"/>
<interp inst="def1-33-19091207" type="age" value="45"/>
<interp inst="def1-33-19091207" type="surname" value="GROSBERGER"/>
<interp inst="def1-33-19091207" type="given" value="ADOLPH"/>
<interp inst="def1-33-19091207" type="occupation" value="agent"/>
<hi rend="largeCaps">GROSBERGER</hi>, Adolph (45; agent)</persName>, and
<persName id="def2-33-19091207" type="defendantName">
<interp inst="def2-33-19091207" type="gender" value="male"/>
<interp inst="def2-33-19091207" type="age" value="33"/>
<interp inst="def2-33-19091207" type="surname" value="KAMMS"/>
<interp inst="def2-33-19091207" type="given" value="ALFRED"/>
<interp inst="def2-33-19091207" type="occupation" value="dealer"/>
<hi rend="largeCaps">KAMMS</hi>, Alfred (33, dealer)</persName>
<rs id="t19091207-33-offence-1" type="offenceDescription">
<interp inst="t19091207-33-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091207-33-offence-1" type="offenceSubcategory" value="forgery"/>; both forging and uttering, knowing the same to be forged, an order for the delivery of goods, to wit, an order for a banker's cheque book; 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 £175; </rs>
<rs id="t19091207-33-offence-2" type="offenceDescription">
<interp inst="t19091207-33-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19091207-33-offence-2" 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, in each case with intent to defraud.</rs> </p>
<p>Mr. R. D. Muir and Mr. Oddie prosecuted; Mr. Curtis Bennett defended Grosberger; Mr. Purcell defended Kamms.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-175" type="witnessName">
<interp inst="t19091207-name-175" type="gender" value="male"/>
<interp inst="t19091207-name-175" type="surname" value="MARKS"/>
<interp inst="t19091207-name-175" type="given" value="SHEPHERD"/>SHEPHERD MARKS</persName> </hi>. I am at present an inmate of Wormwood Scrubs, having been convicted at this Court on October 14 last and sentenced to five years' penal servitude for forging and uttering a cheque for £264. (See preceding volume, page 779.) I appealed un
<lb/>successfully. I presented the cheque handed to me at the London Joint Stock Bank for payment on September 13, when I was arrested. I made a statement to Inspector Newell, which was afterwards written down and I signed it. On Sunday, September 12, I was in Leeds at my sister's house, 26, Victoria Place. I received on. that day the telegram (Exhibit 11), "Come immediately; leave to-night; reply Alf." Alf is Alf Kamms. I do not know the name or address on the back of the telegram, A. Brown, 29, High Street. It was not on the wire I got. I do not know the handwriting. I knew Kamms three or four years ago. I have known him 18 months perhaps. I met him at Ascot this year. I did not speak to him there. I spoke to him in London a few days afterwards, and we went to Ireland together back
<xptr type="pageFacsimile" doc="190912070044"/>
<p>horses and making a book. I replied to the telegram, "Arrive 9.40 King's Cross; meet me; Shep." I knew Kamm's address. He knew my address; I had left him my card. No one met me at King's Cross. I went straight to his place, 44, Rutland Street, Mile End. I asked if he had wired to me; he said yes. I said I thought you would meet me at the station; he said he could not on account of some people downstairs. I heard voices talking down below. He told me he had some business on hand with these people, would I meet him in the morning. He asked where I could meet him; I said I did not know; he mentioned the "Unicorn" I said I did not know it. He explained where it was and told me to be there at 10 in the morning sharp. I met him outside there. There was nobody with him. He then asked me to walk to the "Woodin's Shades" with him to meet these people; that is about 300 yards away. We went inside the "Woodin's Shades" and he introduced me to Grosberger and another man, a dark fellow. He did not mention their names, he just said, Two friends of mine." They were two foreigners. Grosberger drew an envelope from his pocket. Kamms said, "Let me have a look at it" Grosberger took out the cheque; Kamms looked at it, gave it back, and pulled out a sort of wallet and said, "I would be all right to take it in this." Grosberger said no, it is not necessary. Kamms then called me outside and told me it was a cheque they had got of some people; would I go to the bank with one of them and change it. He said they got the cheque off "a can." I asked if that was what he had wired me for; he said, "Yes, it is all right; don't be afraid, it is a million to one on." I said, "I hope it is all right." He said, "You can leave yourself entirely in his hands." We went back into the "Woodin's Shades." Grosberger took the envelope out of his pocket, Kamms nodded to him, much as to say, "It is all right." Grosberger handed the cheque to this dark man and asked me to pretend to sign it when I go in the bank with it. We was about ready to go out when Kamms says, "We will go to this place and show ourselves and meet you in half an hour on the G. P. O. steps." He did not say where the place was. I was to go to the bank, get £64 in gold, £100 in fives, and £100 in tens. I do not know whether it was Grosberger or Kamms said that. Kamms said, "Give the gold to the man as soon as you come out and follow him." That was the dark man that went with me to show me where the bank was in Princes Street. He said, "I will nod to you when we get to the bank," and at the corner of Princes Street he said, "I will wait for you here," and gave me the cheque in an envelope. This is the envelope. I wrote these figures on the back, "£264." I went inside the bank, payment was refused, and I was arrested. When I made my statement to Inspector Newell I gave descriptions of the men.</p>
<p>Cross-examined by Mr. Purcell. When I handed the cheque to the cashier I asked him to cash it for me. He asked me who I was. I told him I was a stockbroker's clerk. I have never been a stockbroker's clerk. He asked me who was the payee of the cheque; I says the name that was endorsed, M. Egard I think it is. I said, "He is a stockbroker and I am his clerk." That</p>
<xptr type="pageFacsimile" doc="190912070045"/>
<p>was not true. When I made one of my statements to the police I said I knew there was something wrong with the cheque when I took it. I said I did not know it was the extent of a forgery. I believed it was got from what they said, "a can." I had an interview with Inspector Newell at the Appeal Court. It was not at my request. I made a second statement to him at Wormwood Scrubs; that was at my request. I was a stranger to the "Woodin's Shades." I went in with Kamms. The two foreigners were in there then. I think Gros-berger called for drinks. The four of us were there about 20 minutes. I know Alexander Jacobson. I first heard Grosberger's name at Brixton prison a few days after I was arrested from Jacobson.</p>
<p>Cross-examined by Mr. Curtis Bennett. Kamms supplied the expenses to go to Ireland. We had a tiff. I gave him. the option of going with me to Doncaster if he paid the expenses. I was identified as the person who obtained the cheque book on September 9 by the clerk at the bank. He was wrong. The statement I made to Inspector Newell was true. When I came to London from Leeds I called at Jacobson's, Abingdon Buildings, Shoreditch, and left my portmanteau. Then I went to Kamms'. I looked for him in two or three places on the road. Kamms walked to the corner of New Road with me. If I said at the police court that he asked me to meet him on the Monday morning between 9.45 and 10 that is a mistake; I could not have said that. It is a mistake that I told Inspector Newell that I met these two foreigners at the "Unicorn" and went all together to the "Woodin's Shades." I think the dark man asked me to get £64 in gold, £100 in fives, and £100 in tens. When Kamms called me out as we were leaving the "Woodin's Shades" Kamms or Grosberger also told me. I may have omitted to say that. Both statements are correct. When I got the wire I knew it was from Kamms. I have always known him as Alf. I have heard other people call him Abe Kamms. The card I gave him as my address was "J. Ramsden, commission agent, 26, Victoria Place, Leeds"; I wrote on the top my name, "Shep Marks." To say that I suggested to Kamms that I obtained the cheque book and wanted him to cash a cheque is a lot of nonsense, a lot of rot. I can prove I was not at the bank on the 9th; the police know it; that is how this has all come out. The police know the identification was wrong; that is what I appealed against. I told the bank clerk I got the cheque at the "Unicorn" when I went to cash it. I was ignorant which was the "Unicorn" that morning when I went in. I meant the "Woodin's Shades."</p>
<hi rend="smallCaps">
<persName id="t19091207-name-176" type="witnessName">
<interp inst="t19091207-name-176" type="gender" value="male"/>
<interp inst="t19091207-name-176" type="surname" value="HARKABY"/>
<interp inst="t19091207-name-176" type="given" value="MAX"/>MAX HARKABY</persName> </hi>, engraver. I made a matrix for the manufacture of a stamp with the impression "C. P. S." I got the order about August 15 or 16 last. Mr. Muggleton, 97, Bishopsgate Street With
<lb/>out, made the rubber part of it for me. I delivered it to the man who ordered it. I would know him if I saw him. (He looks 35 or 40 years of age, he was shaved and had a dark moustache. I do not know the firm of Corby, Palmer, and Stewart.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-177" type="witnessName">
<interp inst="t19091207-name-177" type="gender" value="male"/>
<interp inst="t19091207-name-177" type="surname" value="HUMPHRIES"/>
<interp inst="t19091207-name-177" type="given" value="CHARLES JAMES"/>CHARLES JAMES HUMPHRIES</persName> </hi>, assistant to W. H. Muggleton, 97, Bishopsgate Street Without. I made the rubber stamp with "C. P. S." for last witness.</p>
<xptr type="pageFacsimile" doc="190912070046"/>
<hi rend="smallCaps">
<persName id="t19091207-name-178" type="witnessName">
<interp inst="t19091207-name-178" type="gender" value="male"/>
<interp inst="t19091207-name-178" type="surname" value="BLACK"/>
<interp inst="t19091207-name-178" type="given" value="PETER MCGILLIVRAY"/>PETER MCGILLIVRAY BLACK</persName> </hi>, cashier, London Joint Stock Bank. Exhibit 2 is an order addressed to the bank for a cheque book, dated with a rubber stamp September 9. I believed it was a genuine order and handed out a cheque book containing 200 cheques.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-179" type="witnessName">
<interp inst="t19091207-name-179" type="gender" value="male"/>
<interp inst="t19091207-name-179" type="surname" value="HUGGETT"/>
<interp inst="t19091207-name-179" type="given" value="JAMES BRITTON"/>JAMES BRITTON HUGGETT</persName> </hi>, cashier, London Joint Stock Bank. I remember the cheque for £175 being presented on September 11 bear
<lb/>ing a stamp of that date and the stamp "C. P. S." I queried the drawing first and then I referred it to my colleague, who said it was all right and I paid it. I cannot remember the man who presented it.
<hi rend="smallCaps">DAVIS HOLLAMBY</hi>, Accountant-General's Department, G. P. O., pro
<lb/>duced the telegrams from Kamms to Marks and Marks to Kamms.</p>
<hi rend="smallCaps">E. FORD</hi>, Kingsland High Street Post Office. Exhibit 11 is a telegram handed in on September 12 by Grosberger. He came into the office and asked me if I would write out a telegram for him. I asked him if he could write. He said yes, and I told him he must write the message himself. I cannot say positively he came in by himself; there were others in the office at the time. I cannot say if the message was handed to me by the man who asked me if I would write out the message for him.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-180" type="witnessName">
<interp inst="t19091207-name-180" type="gender" value="male"/>
<interp inst="t19091207-name-180" type="surname" value="PENNACK"/>
<interp inst="t19091207-name-180" type="given" value="GEORGE"/>GEORGE PENNACK</persName> </hi>, counter clerk, Aldgate Branch P. O. Exhibit 12 is a message that came over the wire from Leeds. I wrote it out in duplicate, a carbon copy. It was delivered by messenger 101 to 44, Rutland Street, Mile End.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-181" type="witnessName">
<interp inst="t19091207-name-181" type="gender" value="male"/>
<interp inst="t19091207-name-181" type="surname" value="EDWARDS"/>
<interp inst="t19091207-name-181" type="given" value="EDWARD THOMAS"/>EDWARD THOMAS EDWARDS</persName> </hi>, messenger 101, Aldgate P. O. I de
<lb/>livered the telegram to Rutland Street. I have never delivered a telegram at that address before.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-182" type="witnessName">
<interp inst="t19091207-name-182" type="gender" value="male"/>
<interp inst="t19091207-name-182" type="surname" value="BROWN"/>
<interp inst="t19091207-name-182" type="given" value="EDWARD GEORGE"/>EDWARD GEORGE BROWN</persName> </hi>, barman at "Duke of Clarence' St. George's Circus, S. E. On September 12 I was employed at the "Woodin's Shades," 50, Bishopsgate Street Without. Between 10 and 10.30, four men came into the bar. One of them was Kamms; I am not sure of the other prisoner. To the best of my recollection since I have seen Marks I believe he was there also. I particularly re
<lb/>member Kamms by his attitude and the way he swung his arm across the counter. He had a ring on his finger and he tapped the counter once or twice and caused me to look round. He was dressed in a light mackintosh and green felt hat. It was a rounder shaped hat than this. It was a light mackintosh like this. I identified him in the street on October 22. I was in a turning off New Road, Mile End, with Inspector Newell, and I was asked if I saw anybody I knew to tell him. I saw Kamms come across the road and run up on a doorstep. His attitude caused me to look a second time and I said, "That's the man." On November 6 I went to Cloak Lane Police Station. I there saw 12 or 13 men in a crowd. I was asked if I could identify anyone as having been in my bar at that time and picked out Kamms.</p>
<p>Cross-examined by Mr. Purcell. I believe Inspector Newell was in the room when I identified Kamms at the station. I do not think there were many fair men among the 12 or 13. At first I did not pick out anybody. On November 25 I went there again. I saw the same sort of men. I could not say if many were fair; it was gaslight and cramped. I did not pick out any fair man. I could have picked</p>
<xptr type="pageFacsimile" doc="190912070047"/>
<p>out Grosberger, but it might have been said, "You have seen him before."</p>
<hi rend="smallCaps">
<persName id="t19091207-name-183" type="witnessName">
<interp inst="t19091207-name-183" type="gender" value="male"/>
<interp inst="t19091207-name-183" type="surname" value="LAW"/>
<interp inst="t19091207-name-183" type="given" value="JOHN"/>JOHN LAW</persName> </hi>, paying cashier, London Joint Stock Bank. On Septem
<lb/>ber 13 Shepherd Marks presented the cheque (Exhibit 1) for payment. Payment was refused and he was arrested. The first cheque was three days 'before.</p>
<hi rend="smallCaps">NEWELL</hi>, City Police. On September 13 I went to the London Joint Stock Bank, in Princes Street. I arrested Shepherd Marks there. He made a statement to me. I then took him to Old Jewry, where he made a long statement. On September 20 I saw him again at the Mansion House and, in consequence of what he said then, I read over the typewritten statements I had already read out to him; he signed it and said, "I make this statement voluntarily of my own free will." On November 4 I saw him at the Court of Criminal Appeal. He then made a further statement. Next day I caused Grosberger and Kamms to be arrested. I told them they would be charged with being concerned together with a man named Shepherd Marks, already in custody, in forging and uttering an order for the delivery of goods, namely, a banker's cheque book containing 200 cheques, on September 9 this year, the order purporting to be signed by Messrs. Corby, Palmer and Stewart, to the prejudice of the London Joint Stock Bank, and they would also be further charged with being concerned together in forging and uttering a banker's cheque for £175 on September 10, drawn in favour of B. Miller and also purporting to be signed by Corby, Palmer and Stewart, and further with forging and uttering a cheque on September 13 drawn in favour of M. Gerard and purporting to be signed by Corby, Palmer and Stewart, both to the prejudice of the London Joint Stock Bank. I showed them the cheques and the order. Grosberger said, "I do not know the man named Shepherd Marks, neither do I know the firm you have men
<lb/>tioned." Kamms did not make any reply. There were taken to Cloak Lane Police Station, where the charge was read over to them. They made no reply. I went to Grosberger's house the same day. I found there Exhibits 18 and 19, the felt hat and mackintosh. I tried to find 29, High Street, Kingsland, but could not; the space between 23 and 33 is occupied by a timber merchant, a yard for storing timber.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-184" type="witnessName">
<interp inst="t19091207-name-184" type="gender" value="male"/>
<interp inst="t19091207-name-184" type="surname" value="PALMER"/>
<interp inst="t19091207-name-184" type="given" value="ARTHUR"/>ARTHUR PALMER</persName> </hi>, Messrs. Corby, Palmer and Stewart, St. Paul's Churchyard. We have an account at the London Joint Stock Bank, Princes Street. My partner and myself sign cheques. Besides sign
<lb/>ing them we put two stamps upon them. This memo, is not a genuine form; it is something like ours. It bears a signature of Corby, Palmer and Stewart; it is a good imitation of my signature; if I did not *' know the history I should say it was mine. It is a request for a cheque book. I did not authorise the request to be sent. I did not sign the cheque for £175 payable to B. Miller, or the cheque for £264, or authorise anybody to sign them.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-185" type="witnessName">
<interp inst="t19091207-name-185" type="gender" value="male"/>
<interp inst="t19091207-name-185" type="surname" value="MILBURN"/>
<interp inst="t19091207-name-185" type="given" value="THOMAS EDWARD"/>THOMAS EDWARD MILBURN</persName> </hi>, manager to Messrs. Corby, Palmer and Stewart, produced two genuine memo, forms of the firm.</p>
<hi rend="smallCaps">JOHN LOAKES</hi>. At 5.15 on November 5 I saw Kamms in a pawnbroker's in Commercial Road, E. I spoke to him; I said, "Is your name Kamms?" he said "No "; I said, "I am a police</p>
<xptr type="pageFacsimile" doc="190912070048"/>
<p>officer and have reasons for believing that your name is Kamms. After a little hesitation he said, "Yes, that is my name." I said, "I am going to take you into custody." He said, "What for?" I said, "For being concerned with other men in forging and uttering on Sep
<lb/>tember 9 last an order for the delivery of 200 cheques on the London Joint Stock Bank, Princes Street, purporting to be signed by Corby, Palmer and Stewart, mantle manufacturers, St. Paul's Churchyard; further with being concerned with other men in forging and uttering on September 10 a cheque for £175 purporting to be signed by Corby, Palmer and Stewart. Further with being concerned with others in forging and uttering on September 13 a cheque for £264 on the London Joint Stock Bank purporting to be signed by Corby, Palmer and Stewart." He did not make any reply. When we got into Commer
<lb/>cial Road he said, "Well, look here, I am going with you, but I do not know what for." I said, "I have told you what you will be charged with, and you appear to understand." I repeated the charge to him and he said, "Well, I understand." I then took him to Old Jewry and he was subsequently charged.</p>
<p>Cross-examined by Mr. Purcell. I followed him to the pawn
<lb/>broker's. I found he was well known there. I was not dressed like a police officer. There was nothing to tell him I was a police officer, only what he might have thought.</p>
<hi rend="smallCaps">HY. GARRARD</hi>, City Police. At 4.50 p.m. on Novem
<lb/>ber 5 I went to Victoria Road, Stoke Newington. I saw Grosberger. I followed him into High Street. He had two letters in his hand. As he got to the pillar box I stopped him and told him I was a police officer. I asked him if his name was Grosberger; he said "Yes." I said "I am going to take you into custody for being concerned with Shep
<lb/>herd Marks and two other men not in custody for forging and uttering on September 9 last an order purporting to be signed by Corby, Palmer and Stewart, mantle manufacturers, of 29, St. Paul's Church-yard, for the delivery of goods, that is, a cheque book containing 200 cheque forms, to the prejudice of the London Joint Stock Bank, 5, Princes Street E. C. Also on September 10 last concerned with the same men in forging and uttering a banker's cheque for £175 in favour of B. Miller, and on September 13 one for £264 in favour of M. Egard, purporting to be signed by Corby, Palmer, and Stewart." He said, "I do not know a man named Shepherd Marks, neither do I know the firm you mention any more than the man in the moon." He was then conveyed to Old Jewry.</p>
<p>(Monday, December 13.)</p>
<hi rend="smallCaps">
<persName id="t19091207-name-186" type="witnessName">
<interp inst="t19091207-name-186" type="gender" value="male"/>
<interp inst="t19091207-name-186" type="surname" value="CROSS"/>
<interp inst="t19091207-name-186" type="given" value="CHARLES FREDERICK"/>CHARLES FREDERICK CROSS</persName> </hi>, Fellow of the Institute of Chemistry and of the Chemical Society; Member of the Society of Public Analysts. I am in partnership with Edward John Bevan as consulting and analytical chemists and we are technical advisers to Messrs. Stevens and Co., ink manufacturers. I have had submitted to me two letters and envelopes, exhibits 13, 14, 15, and 16, and exhibits 1 and 4 (cheques for £264 and £175), and have chemically</p>
<xptr type="pageFacsimile" doc="190912070049"/>
<p>tested and microscopically examined the ink upon them. It is a pure Prussian blue ink of a rather peculiar kind not generally in use now. In my opinion, exhibits 13, 14, 15, and 16 are written with the same ink as exhibits 1 and 4.</p>
<p>Cross-examined. I am referring to the signature on the cheques only—not to the amounts or payee's name. The ink that is used does not change very much. A blue black writing ink will change with age, but these blue inks change very little. I examined the documents early in November—I think it was November 17 when I reported, two or three days after I received the documents. I was not called before the Magistrates. I was not here last week and to-day is my first appearance in court with reference to this case.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-187" type="witnessName">
<interp inst="t19091207-name-187" type="gender" value="male"/>
<interp inst="t19091207-name-187" type="surname" value="ELLIS"/>
<interp inst="t19091207-name-187" type="given" value="RICHARD"/>RICHARD ELLIS</persName> </hi>, paying cashier London County and Westminster Bank. I have been with my bank for 42 years and as paying cashier have had great experience in the comparison of handwritings. I have examined envelope and letter exhibit 13 and 14, envelope and letter exhibits 15 and 16, and account book exhibit 17. In my opinion, they are written by the same person. I have also examined cheque exhibit 4. In my opinion, the filling up of the cheque is written by the person who made the entries in the book (witness pointed out various similarities).</p>
<p>Cross-examined. The writing of educated men always bears a simi
<lb/>larity, but there are distinctive differences; all writers have distinctive characteristics. The writing of foreigners has a similarity, but there is also a pensonality in each. * *</p>
<hi rend="smallCaps">
<persName id="t19091207-name-188" type="witnessName">
<interp inst="t19091207-name-188" type="gender" value="male"/>
<interp inst="t19091207-name-188" type="surname" value="VALENTINE"/>
<interp inst="t19091207-name-188" type="given" value="WILLIAM CHARLES"/>WILLIAM CHARLES VALENTINE</persName> </hi>, paying cashier London Joint Stock Bank, of 40 years' experience, and
<hi rend="smallCaps">KEWELL HAWKE</hi>, paying cashier and for 34 years with the London Joint Stock Bank, gave similar evidence.</p>
<p>Mr. Curtis Bennett submitted that there was no material corroboration of the accomplice Marks as against Kamms (R. v. Warren, 2 Cr. App. R., p. 194 R. v. Everest (same Volume, p. 130); Reg. v. Tidd, L. R., 1909, 2 K. B., p. 680); Browns evidence only proving that Kamms was in the public house at the par ticular time, and not going to any material fact.</p>
<p>Mr. Muir submitted that the sending of the telegram by Grosberger in the name of Alf (Kamms), and Marks consequently going to Kamm's house, together with the other evidence, was amply sufficient.</p>
<p>Judge Rentoul held that there was some corroboration; he should direct the Jury that there was corroboration on which they might find a verdict against Kamms.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-189" type="witnessName">
<interp inst="t19091207-name-189" type="gender" value="male"/>
<interp inst="t19091207-name-189" type="surname" value="GROSBERGER"/>
<interp inst="t19091207-name-189" type="given" value="ADOLF"/>ADOLF GROSBERGER</persName> </hi> (prisoner, on oath). At the time of my arrest I was living at 58, Coronation Avenue, Stoke Newington. On Sep
<lb/>tember 12 did not go to Ford's post office and send the telegram to Shepherd Marks. I went to that post office on September 25 at 11 p.m. with a man named David and handed a telegram to Ford. Ford said it was past 11 and it was tee late. I spoke to another clerk and persuaded him to take the wire. He told Ford to take it and Ford went behind the partition and directed the man at the door, to close the door and not let anyone else in, as it was after time. On Septem
<xptr type="pageFacsimile" doc="190912070050"/>
<p>13 I was not at the "Woodin's Shades" public house. There is not a word of truth in Marks' statement that I showed a paper there. I have never seen the two cheques in question. I told the officer that two letters produced were in my handwriting—that is true; some of the handwriting in the account book is mine; it is the book I have brought from South Africa. Most of the entries were made there. I was put among others at Cloak Lane Police Station; Brown failed to pick me out and picked out another man.</p>
<p>Cross-examined. Telegram exhibit 21 is in my writing. David is a man who lived at Buecker's Hotel, Finsbury Square, with whom I went to Yorkshire, buying carbonised woollen rugs. I sent the wire on his behalf. He was a foreigner and I could write the English address more easily than he could. I know Davis; I have his address in my pocket book; he is a thoroughly respectable man, the manager of a confectioner's at Tottenham. On September 25 I wrote the telegram in front of Ford. I am positive I was not at Ford's post office on September 12—it was a Sunday and I should not go out. I have known Kamms from childhood, but have had no connection with him for years; his family did not visit me and we were bad friends. On page 19 of book produced "Miss Miller" and "Mrs. Miller" are in my handwriting. On page 21 the date is not in my handwriting; "Mrs. Friedlander" is not my writing (witness admitted several entries in the book were written by him). I did not write cheque exhibit 4. I never use green ink. The two letters and envelopes, exhibits 13 to 16, were written an hour before my arrest with the same blue-black ink and the same pen. It is ink purchased at a stationer's near where I live for 2d. or 2d. I had had it a consider
<lb/>able time and it may have turned a little greenish—it is the ordinary blue-black ink—not green ink.</p>
<p>Re-examined. The officers went to my house while I was detained at the station and took away my ink bottles, papers, and correspon
<lb/>dence. They have not produced the ink bottles at the police court or here.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-190" type="witnessName">
<interp inst="t19091207-name-190" type="gender" value="male"/>
<interp inst="t19091207-name-190" type="surname" value="KAMMS"/>
<interp inst="t19091207-name-190" type="given" value="ALFRED"/>ALFRED KAMMS</persName> </hi> (prisoner, on oath). My real name is Abraham Kamms. I have called myself Alfred Kamms in business because it sounds more English. I am known among my friends as "Abe." I had a quarrel with Marks in Ireland, left him and came back alone. I know nothing about the sending of a telegram signed "Alf" on September 12. On that date I received telegram asking me to meet somebody at the station—I knew nothing about it and did not go. At about 11 p.m. that night Marks called upon me with a man named Alec Jacobson. Marks told me he had sent a wire and asked why I did not go to the station to meet him. I said, "What did you want me for?" He said, "Well, I have got a cheque—will you cash it?" I said, "I will have nothing to do with it." I did not go into any further details; we only spoke in the passage; the door was ajar; I did not even ask him in. As a matter of fact we were not too friendly, and I was not very glad to see him. He said "All right" rather. snappishly and went away. I was in my shirt sleeves. No arrangement was made to meet him at the "Unicorn" and I did</p>
<xptr type="pageFacsimile" doc="190912070051"/>
<p>not do so, nor go to the "Woodin's Shades" afterwards. I have been to the "Woodin's Shades" many times, as I have been in other houses in the neighbourhood. I was not there on the morning of September 13. I know nothing about the forging' or uttering of cheque for £264. I did not pay for Marks' defence. A collection list was made and various people were asked to subscribe for a man in trouble, and I gave a sovereign. About thirty people subscribed. Cross-examined. Marks did not tell me that he had had a tele
<lb/>gram signed "Alf" asking him to come up to London. He said,. I wired you to meet me at the station. Why did not you meet me?" He never said a word about his being brought up to London by a telegram signed "Alf." I knew from his wire that he had come up from Leeds. He asked me if I would cash a cheque. I did not ask him anything about it because I wanted to have nothing to do with him. I was short with him. I believe I took the telegram in. I cannot say if Edwards brought it or another boy—I should cer
<lb/>tainly have told him there was no answer. The quarrel with Marks was not a very serious one—I thought it was a very mean action. We were driving from Greystones to Bray, where we were staying, wait
<lb/>ing for the race on the following day, and passing a farmhouse we saw up that there were new-laid eggs for sale. We went in and I asked for a shillings worth, and while the woman went away to get a bag, leaving the eggs on the table, Marks took two eggs from the basket and put them in his pocket. I said he ought to be ashamed of himself, threw a shilling on the table and walked out. I did not care to drive back with him, but as we were a long way from Bray I got on the car. I told him it was a dirty low thing to do, and we started quarrelling and got very nasty. When we got back to the rooms I did not speak to him and the next morning I went to Leopardstown Races, returned to the rooms, got my bag and came to town. Marks afterwards called on me in London and I refused to see him. I did see him one morning, and he suggested going to Doncaster to make a book for the St. Leger week. I refused to go with him, and then he asked me to lend him £1 or so to go on with, which I refused to do. I knew his address in Leeds, because at Bray he had given me a card with his Leeds address on it—" J. Ramsden, commission agent." On September 13 I did not meet him outside the "Unicorn" or go to the "Woodin's Shades" or meet Grosberger there. I know nothing about how the telegram was sent. I am not known as "Alf "—I am called "Abe" by those who know me. I should never send a telegram signed "Alf," and no friend would send one so signed in my name. I believe I have been in the "Woodin's Shades", since Marks was arrested—I will not swear that I have or have not been there since. I did not engage Searle to defend Marks—I had nothing to do with it beyond subscribing £1. I swear I did not instruct Searle. Mr. Barratt was engaged to defend me at the Mansion House and did so on the first occasion. On the second occasion Mr. Searle was there. He came round to Brixton Prison, asked to see me, and said he had been sent to defend me. When the warder told me Mr. Searle wanted to see me I was</p>
<xptr type="pageFacsimile" doc="190912070052"/>
<p>surprised, and said that Mr. Barratt was my solicitor. Mr. Searle said he had been engaged outside to defend me. I told him Mr. Barratt had been engaged, and Searle said, "It is all right; if you don't want me on another occasion you need not have me," and he did appear for me at the second hearing. That is the only occasion Searle appeared for me. Verdict
<rs id="t19091207-33-verdict-1" type="verdictDescription">
<interp inst="t19091207-33-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-33-verdict-1" type="verdictSubcategory" value="no_subcategory"/>(both), Guilty.</rs> </p>
<p>Convictions proved: On April 7, 1902, Grosberger at this Court five years' penal servitude for forging American Express warrants for payment of money, the warrants having been stolen from the American Express in Paris by means of a burglary, in which the watchman was killed. Kamms on May 17, 1899, was arrested on an extradition warrant for forgery in Germany, but discharged for want of sufficient evidence; on April 7, 1900, he was re-arrested for forging Servian lottery tickets and sentenced to fifteen months in Germany; on March 6, 1902, he was arrested for forgery in Norway, but dis
<lb/>charged for want of evidence. Both prisoners were said to be asso
<lb/>ciates of known forgers. Kamms had been doing respectable business with South Africa and receiving considerable sums. Sentence
<rs id="t19091207-33-punishment-33" type="punishmentDescription">
<interp inst="t19091207-33-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-33-punishment-33" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-33-19091207 t19091207-33-punishment-33"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-33-19091207 t19091207-33-punishment-33"/>(both), Four years' penal servitude.</rs> Mr. Oddie applied that Kamms should be ordered to pay the costs of the prosecution, as certain sums could be recovered from him.</p>
<p>Order refused, on the ground that the amounts could not be ear
<lb/>marked as the property of the prosecutor.</p> </div1>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">MR. JUSTICE CHANNELL</hi>.</p>
<p>(Saturday, December 11.)</p>
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<interp inst="t19091207-34" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-34" type="date" value="19091207"/>
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<persName id="def1-34-19091207" type="defendantName">
<interp inst="def1-34-19091207" type="gender" value="female"/>
<interp inst="def1-34-19091207" type="age" value="21"/>
<interp inst="def1-34-19091207" type="surname" value="KING"/>
<interp inst="def1-34-19091207" type="given" value="BEATRICE"/>
<interp inst="def1-34-19091207" type="occupation" value="no occupation"/>
<hi rend="largeCaps">KING</hi>, Beatrice (21, no occupation)</persName>
<rs id="t19091207-34-offence-1" type="offenceDescription">
<interp inst="t19091207-34-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19091207-34-offence-1" type="offenceSubcategory" value="wounding"/>; feloniously shooting
<persName id="t19091207-name-192" type="victimName">
<interp inst="t19091207-name-192" type="gender" value="male"/>
<interp inst="t19091207-name-192" type="surname" value="TALBOIS"/>
<interp inst="t19091207-name-192" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-34-offence-1 t19091207-name-192"/>Alfred Talbois</persName>, with intent to murder him.</rs> </p>
<p>Mr. Eustace Fulton prosecuted; Mr. Curtis Bennett defended.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-193" type="witnessName">
<interp inst="t19091207-name-193" type="gender" value="male"/>
<interp inst="t19091207-name-193" type="surname" value="TALBOIS"/>
<interp inst="t19091207-name-193" type="given" value="ALFRED"/>ALFRED TALBOIS</persName> </hi>. I am living now at 6, Upper Porchester Street, Hyde Park, and am a South American rancher. I have known prisoner for three or three and a half years. I met her first in Buenos Ayres when she was on the stage there. We became intimate and afterwards lived together as man and wife. About June or July of this year we were in England and living together at 20, Sinclair Gardens, Ham
<lb/>mersmith. I had made arrangements to return to the Argentine on October 7. About September 20 I said something to prisoner about the relationship in which we were living, and told her I could not take her back in the name in which she was living with me; that it would be detrimental to me socially and in business, but she could come out with me and I would look after her. She appeared to be upset by what I told her. In the week that followed we constantly discussed the matter. On the morning of September 28 I spoke of it again before I went out. I returned to the house about half-past eight at night. I whistled outside the house; that was a sign I usually gave.</p>
<xptr type="pageFacsimile" doc="190912070053"/>
<p>The door was opened and as I walked in a shot was fired. I was more or less dazed and walked out again. I was assisted to the house of a doctor of medicine and was afterwards taken to the West London Hospital, where I remained, I think, a week. After that the doctor used to come and see me once a week. The revolver produced is mine. I bought it in the United States about 18 months ago. I used to keep it in the house and left it lying about. There were cartridges about, too. It was sometimes loaded and sometimes unloaded. I used to clean it sometimes and leave it unloaded, and cannot say whether it was unloaded on September 28.</p>
<p>Cross-examined. Prisoner when I first met her would be about 18 years of age. We travelled about a good deal together in America. I came to England and went back again. During the whole of the time she was with me she suffered from nervousness and hysteria. On several occasions she had to be under medical treatment. During the whole of the time I knew her she was a quiet and inoffensive girl and by no means a violent person in any sense of the word, and she was apparently very fond indeed of me. Since we had been living at Sinclair Gardens she had been under the treatment of Dr. Williams. Previously to September 28 she had been suffering worse than usual and I had sent her away for a holiday. She complained to me of nightmares and dreams, and that she used to wake up in a state of fear, imagining that people were coming into the room. Although I told her she could not go back with me to the Argentine and still live in my name, I said she could come back with me to the Argentine and I would still look after her and would see her every day. As a matter of fact, I left a deposit for the two passages.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-194" type="witnessName">
<interp inst="t19091207-name-194" type="gender" value="male"/>
<interp inst="t19091207-name-194" type="surname" value="FOWLE"/>
<interp inst="t19091207-name-194" type="given" value="ALFRED THOMAS"/>ALFRED THOMAS FOWLE</persName> </hi>, postman. On September 28, about half-past eight in the evening, I was in the Sinclair Road, Hammersmith, on duty. I heard the report of firearms, and looking in the direction of the sound saw a man running about fifty yards from me. I saw a woman standing on the step holding a revolver in her right hand. I immediately went across the road. When I came up to her she handed me the revolver. She evidently mistook me for a policeman, as I had my cape on. As she handed me the revolver she said, "Take it, officer; I have killed him." After that she lapsed into semi-con
<lb/>sciousness. She was arrested inside the house. The revolver produced is similar to the one she handed to me.</p>
<p>Cross-examined. She had evidently mistaken me for a policeman. She may have said when she handed me the revolver, "Take it, officer; have I killed him?" Of course, not being a police-officer, I did not '* take much note of what she said.</p>
<hi rend="smallCaps">DANIEL GOOCH</hi>, T Division. On the evening of September 28, about five minutes to nine, I went to Sinclair Mansions, Richmond Road, Hammersmith, the surgery of Dr. Williamson. I there saw prosecutor lying on a couch. I then went to 20, Sinclair Gardens, where I saw prisoner on the ground floor in the front room. She was quite calm. I said to her, "Your husband has been shot; can you tell me anything about it." She said, "It was all on an impulse. I pointed the revolver and it went off. Have I disfigured him? If you</p>
<xptr type="pageFacsimile" doc="190912070054"/>
<p>only know why I did it. At that point prisoner broke down and was unable to speak. I was unable to get anything from her for some considerable time. On her recovery she asked me to take her to her own rooms on the first floor. I went with her to her rooms. I asked her then? it was her husband and she said, "No." I asked her her name and she said, "Beatrice King." Continuing, she said, "I have been so nervous and have been afraid of burglars. I went, to the door, opened it, and pointed the revolver at him and fired. I had intended to do away with myself. I got my senses as soon as ever I had done it. I gave the revolver to a postman. He (meaning Talbois) told me ho wanted to get rid of me and I thought the revolver was left there for temptation." I then told her I should take her into custody and asked her if she understood. She said, "Yes, I understand it all." She was then conveyed to the station and charged and made no reply.</p>
<p>To Mr. Justice Channell. On the table in the front room, when I first saw prisoner, I found a six-chambered revolver, loaded in five chambers; one chamber had been discharged. I produce the dis
<lb/>charged cartridge.</p>
<p>Cross-examined. I said at the Police Court prisoner was in an ex
<lb/>tremely excited condition, trembling all over. I think I may have exaggerated her excited condition. I think when I said that I meant that she was in a condition of nervous prostration. The inquiries made by the police are highly satisfactory to prisoner.</p>
<hi rend="smallCaps">
<persName id="t19091207-name-195" type="witnessName">
<interp inst="t19091207-name-195" type="gender" value="male"/>
<interp inst="t19091207-name-195" type="surname" value="PRIESTLEY"/>
<interp inst="t19091207-name-195" type="given" value="REGINALD FAWCETT"/>REGINALD FAWCETT PRIESTLEY</persName> </hi>, house physician, West London Hospital. On the evening of September 28, prosecutor was brought to the hospital and examined by me. He was suffering from a bullet wound at the left side of the chest, and there was a considerable de
<lb/>gree of shock. There was very little external hemorrhage, but there was a considerable effusion of blood into the pleura. Two or three days afterwards we removed the bullet from underneath the skin of the back, it having passed through the body. The wound is not likely to have any serious permanent effect.</p>
<rs id="t19091207-34-verdict-1" type="verdictDescription">
<interp inst="t19091207-34-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-34-verdict-1" type="verdictSubcategory" value="lesserOffence"/>Guilty of unlawful wounding while in a state of extreme nervous excitement.</rs> </p>
<hi rend="smallCaps">FRANK KNELL</hi>, T Division. I have made in
<lb/>quiries concerning prisoner and find she is the daughter of a Mrs. King, who resides in Manchester. At the age of 13 she joined a troupe of dancers and performed in the provinces. About five years ago she went to Buenos Ayres. She has always been a good girl and has helped to support her mother since she left home. Sentence,
<rs id="t19091207-34-punishment-34" type="punishmentDescription">
<interp inst="t19091207-34-punishment-34" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-34-punishment-34" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-34-19091207 t19091207-34-punishment-34"/>Four months' imprisonment</rs>, second division.</p> </div1>
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<join result="criminalCharge" id="t19091207-35-charge-3" targOrder="Y" targets="def1-35-19091207 t19091207-35-offence-3 t19091207-35-verdict-1"/>
<persName id="def1-35-19091207" type="defendantName">
<interp inst="def1-35-19091207" type="gender" value="male"/>
<interp inst="def1-35-19091207" type="age" value="21"/>
<interp inst="def1-35-19091207" type="surname" value="MATTHEWS"/>
<interp inst="def1-35-19091207" type="given" value="GEORGE"/>
<interp inst="def1-35-19091207" type="occupation" value="sawyer"/>
<hi rend="largeCaps">MATTHEWS</hi>, George (21, sawyer)</persName>
<rs id="t19091207-35-offence-1" type="offenceDescription">
<interp inst="t19091207-35-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19091207-35-offence-1" type="offenceSubcategory" value="rape"/>, carnally knowing
<persName id="t19091207-name-197" type="victimName">
<interp inst="t19091207-name-197" type="gender" value="female"/>
<interp inst="t19091207-name-197" type="surname" value="STAPLE"/>
<interp inst="t19091207-name-197" type="given" value="ETHEL ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-35-offence-1 t19091207-name-197"/>Ethel Eliza
<lb/>beth Staple</persName>, a girl under the age of 13 years;</rs>
<rs id="t19091207-35-offence-2" type="offenceDescription">
<interp inst="t19091207-35-offence-2" type="offenceCategory" value="sexual"/>
<interp inst="t19091207-35-offence-2" type="offenceSubcategory" value="rape"/> carnally knowing
<persName id="t19091207-name-198" type="victimName">
<interp inst="t19091207-name-198" type="gender" value="female"/>
<interp inst="t19091207-name-198" type="surname" value="O'DELL"/>
<interp inst="t19091207-name-198" type="given" value="ELLEN"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-35-offence-2 t19091207-name-198"/>Ellen O'Dell</persName>, a girl under the age of 13 years;</rs>
<rs id="t19091207-35-offence-3" type="offenceDescription">
<interp inst="t19091207-35-offence-3" type="offenceCategory" value="sexual"/>
<interp inst="t19091207-35-offence-3" type="offenceSubcategory" value="rape"/>carnally knowing
<persName id="t19091207-name-199" type="victimName">
<interp inst="t19091207-name-199" type="gender" value="female"/>
<interp inst="t19091207-name-199" type="surname" value="O'DELL"/>
<interp inst="t19091207-name-199" type="given" value="CONSTANCE"/>
<join result="offenceVictim" targOrder="Y" targets="t19091207-35-offence-3 t19091207-name-199"/>Constance O'Dell</persName>, a girl under the age of 13 years.</rs> </p>
<rs id="t19091207-35-verdict-1" type="verdictDescription">
<interp inst="t19091207-35-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-35-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>. Sentence,
<rs id="t19091207-35-punishment-35" type="punishmentDescription">
<interp inst="t19091207-35-punishment-35" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-35-punishment-35" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-35-19091207 t19091207-35-punishment-35"/>Three years' penal servitude</rs>. Other indictments were not proceeded with.</p> </div1>
<xptr type="pageFacsimile" doc="190912070055"/>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE RENTOUL</hi>.(Saturday, December 11.)</p>
<div1 type="trialAccount" id="t19091207-36">
<interp inst="t19091207-36" type="uri" value="sessionsPapers/19091207"/>
<interp inst="t19091207-36" type="date" value="19091207"/>
<join result="criminalCharge" id="t19091207-36-charge-1" targOrder="Y" targets="def1-36-19091207 t19091207-36-offence-1 t19091207-36-verdict-1"/>
<join result="criminalCharge" id="t19091207-36-charge-2" targOrder="Y" targets="def1-36-19091207 t19091207-36-offence-2 t19091207-36-verdict-1"/>
<persName id="def1-36-19091207" type="defendantName">
<interp inst="def1-36-19091207" type="gender" value="male"/>
<interp inst="def1-36-19091207" type="age" value="65"/>
<interp inst="def1-36-19091207" type="surname" value="MORIARTY"/>
<interp inst="def1-36-19091207" type="given" value="MICHAEL"/>
<interp inst="def1-36-19091207" type="occupation" value="tinsmith"/>
<hi rend="largeCaps">MORIARTY</hi>, Michael (65, tinsmith)</persName>
<rs id="t19091207-36-offence-1" type="offenceDescription">
<interp inst="t19091207-36-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19091207-36-offence-1" type="offenceSubcategory" value="forgery"/>,
<hi rend="smallCaps">
<rs id="t19091207-36-verdict-1" type="verdictDescription">
<interp inst="t19091207-36-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19091207-36-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> </hi> of feloniously causing or procuring to be cast, forged or counterfeited certain marks, stamps or impressions in imitation of or to resemble certain marks, stamps or impressions, to wit, an Anchor and a Crown made with certain marks or stamps used for making gold and silver wares by the Guardians of the Standard of Wrought Plate in Birmingham;</rs>
<rs id="t19091207-36-offence-2" type="offenceDescription">
<interp inst="t19091207-36-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19091207-36-offence-2" type="offenceSubcategory" value="forgery"/>felo
<lb/>niously having in his possession or being possessed of the marks or stamps of the Anchor and Crown which have been forged or counter
<lb/>feited in imitation of and to resemble the marks or stamps of the Crown and Anchor used for marking gold wares by the Guardians of the Standard of Wrought Plate in Birmingham.</rs> </p>
<rs id="t19091207-36-punishment-36" type="punishmentDescription">
<interp inst="t19091207-36-punishment-36" type="punishmentCategory" value="imprison"/>
<interp inst="t19091207-36-punishment-36" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-36-19091207 t19091207-36-punishment-36"/>Six months' hard labour on each count, to run concur
<lb/>rently.</rs> </p> </div1>