<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>1910, JULY.</p>
<p>Vol. CLIII.] Part 910.</p>
<p>Sessions Paper.</p>
<p>KNILL, MAYOR.</p>
<persName id="t19100718-name-1">
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<interp inst="t19100718-name-1" type="surname" value="WALPOLE"/>
<interp inst="t19100718-name-1" type="given" value="GEORGE"/>GEORGE WALPOLE</persName> & CO.,</p>
<p>Shorthand Writers to the Court.</p>
<p>EDITED BY</p>
<p>[Published by Annual Subscription.]</p>
<persName id="t19100718-name-2">
<interp inst="t19100718-name-2" type="gender" value="male"/>
<interp inst="t19100718-name-2" type="surname" value="WALPOLE"/>
<interp inst="t19100718-name-2" type="given" value="GEO"/>GEO. WALPOLE</persName> & CO., PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W. 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 Monday, July 18th, 1910, and following days.</p>
<p>Before the Right Hon. Sir
<hi rend="largeCaps">
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<interp inst="t19100718-name-3" type="gender" value="male"/>
<interp inst="t19100718-name-3" type="surname" value="KNILL"/>
<interp inst="t19100718-name-3" 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">
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<interp inst="t19100718-name-4" type="gender" value="male"/>
<interp inst="t19100718-name-4" type="surname" value="RIDLEY"/>
<interp inst="t19100718-name-4" type="given" value="EDWARD"/>EDWARD RIDLEY</persName> </hi>, one of the Justices of His Majesty's High Court; Sir
<hi rend="smallCaps">HENRY E. KNIGHT</hi>, Knight; Sir
<hi rend="smallCaps">
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<interp inst="t19100718-name-5" type="gender" value="male"/>
<interp inst="t19100718-name-5" type="surname" value="DAVIES"/>
<interp inst="t19100718-name-5" type="given" value="HORATIO"/>HORATIO DAVIES</persName> </hi>, K. C. M. G.; Sir
<hi rend="smallCaps">
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<interp inst="t19100718-name-6" type="gender" value="male"/>
<interp inst="t19100718-name-6" type="surname" value="POUND"/>
<interp inst="t19100718-name-6" type="given" value="JOHN"/>JOHN POUND</persName> </hi>, Bart.; Sir
<hi rend="smallCaps">T.
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<interp inst="t19100718-name-7" type="gender" value="male"/>
<interp inst="t19100718-name-7" type="surname" value="STRONG"/>
<interp inst="t19100718-name-7" type="given" value="VESEY"/>VESEY STRONG</persName> </hi>, Knight; Sir
<hi rend="smallCaps">T. VANSITTART BOWATER</hi>, Knight; and
<hi rend="smallCaps">
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<interp inst="t19100718-name-8" type="gender" value="male"/>
<interp inst="t19100718-name-8" type="surname" value="HANSON"/>
<interp inst="t19100718-name-8" type="given" value="CHARLES"/>CHARLES HANSON</persName> </hi>, Esq., Aldermen of the said City; Sir
<hi rend="smallCaps">
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<interp inst="t19100718-name-9" type="gender" value="male"/>
<interp inst="t19100718-name-9" type="surname" value="FULTON"/>
<interp inst="t19100718-name-9" type="given" value="FORREST"/>FORREST FULTON</persName> </hi>, Knight, K.C., Recorder of the said City; Sir
<hi rend="smallCaps">
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<interp inst="t19100718-name-10" type="gender" value="male"/>
<interp inst="t19100718-name-10" type="surname" value="BOSANQUET"/>
<interp inst="t19100718-name-10" type="given" value="FK ALBERT"/>FK. ALBERT BOSANQUET</persName> </hi>, K.C., Common Serjeant of the said City; and His Honour Judge
<hi rend="smallCaps">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="t19100718-name-11" type="judiciaryName">
<interp inst="t19100718-name-11" type="gender" value="male"/>
<interp inst="t19100718-name-11" type="surname" value="ROLL"/>
<interp inst="t19100718-name-11" type="given" value="JAMES"/>JAMES ROLL</persName> </hi>, Esq.</p>
<hi rend="smallCaps">RALPH SLAZENGER</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. TENTH 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>(Monday, July 18.)</p> </div1>
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<interp inst="t19100718-name-12" type="surname" value="TODD"/>
<interp inst="t19100718-name-12" type="given" value="Ernest"/>
<interp inst="t19100718-name-12" type="occupation" value="bag maker"/>
<hi rend="largeCaps">TODD</hi>, Ernest (35, bag maker)</persName>, who pleaded guilty last Session (see page 307) of common assault upon Abraham Thurgar and Thomas Hook, was now sentenced to one day's imprisonment.</p>
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<hi rend="largeCaps">BARLOW</hi>, Frederick Edward (22, market porter)</persName>
<rs id="t19100718-2-offence-1" type="offenceDescription">
<interp inst="t19100718-2-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19100718-2-offence-1" type="offenceSubcategory" value="wounding"/>, feloniously wounding
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<interp inst="t19100718-name-14" type="surname" value="POWELL"/>
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<join result="offenceVictim" targOrder="Y" targets="t19100718-2-offence-1 t19100718-name-14"/>Thomas James Powell</persName> with intent to do him some grievous bodily harm.</rs> </p>
<p>Dr. Clement Gatley prosecuted; Mr. E. H. Coumbe defended.</p>
<p>The evidence given at the trial last session, at which the jury dis
<lb/>agreed (see page 342), was repeated.</p>
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<interp inst="t19100718-2-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>. The Recorder, remarking on prisoner's pre
<lb/>vious convictions, warned him to be careful as to his future conduct.</p> </div1>
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<hi rend="largeCaps">BURFORD</hi>, Joseph Henry (31, postman)</persName>,
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<lb/>ing one postal packet containing a banker's cheque for £150, the goods of
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<join result="offenceVictim" targOrder="Y" targets="t19100718-3-offence-1 t19100718-name-16"/>His Majesty's Postmaster-General</persName>, he being an officer of the Post Office.</rs> </p>
<p>Mr. Curtis Bennett said he had been instructed by Mr. Markham, to whom the letter that prisoner had stolen had been addressed, to appear for prisoner, who had been in the service of the Post Office for six years, having before that been in the Army. He bore an exemplary character. This was an isolated case, and the reason he stole the letter containing the cheque was that he had some months ago unfortunately given way to betting, with the result that he lost the savings of his lifetime. Mr. Markham, who gave evidence, took the view that prisoner was really a victim in the matter, and said that he would pro
<lb/>vide him with employment at the end of his sentence.</p>
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<join result="defendantPunishment" targOrder="Y" targets="def1-3-19100718 t19100718-3-punishment-1"/>Six months' hard labour</rs>.</p>
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<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Tuesday, July 19.)</p> </div1>
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<hi rend="largeCaps">GANDERTON</hi>, William George (34, shoemaker)</persName>,
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<join result="offenceVictim" targOrder="Y" targets="t19100718-4-offence-1 t19100718-name-18"/>His Majesty's Postmaster-General</persName>, he being an officer of the Post Office.</rs> </p>
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<join result="defendantPunishment" targOrder="Y" targets="def1-4-19100718 t19100718-4-punishment-2"/>Six months' hard labour</rs>.</p> </div1>
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<hi rend="largeCaps">FRENCH</hi>, Alfred John</persName>,
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<interp inst="t19100718-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
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<interp inst="t19100718-5-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19100718-5-offence-1" type="offenceSubcategory" value="mail"/>of stealing one postal packet containing one postal order for 9s., the goods of
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<join result="offenceVictim" targOrder="Y" targets="t19100718-5-offence-1 t19100718-name-20"/>His Majesty's Post-master-General</persName>, he being an officer of the Post Office.</rs> </p>
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<join result="defendantPunishment" targOrder="Y" targets="def1-5-19100718 t19100718-5-punishment-3"/>Six months' hard labour</rs>.</p> </div1>
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<hi rend="largeCaps">EADE</hi>, Joseph (34, assistant postman)</persName>,
<rs id="t19100718-6-verdict-1" type="verdictDescription">
<interp inst="t19100718-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-6-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19100718-6-offence-1" type="offenceDescription">
<interp inst="t19100718-6-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19100718-6-offence-1" type="offenceSubcategory" value="mail"/>of stealing one postal packet containing two florins, the property of
<persName id="t19100718-name-22" type="victimName">
<interp inst="t19100718-name-22" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-6-offence-1 t19100718-name-22"/>His Majesty's Postmaster-General</persName>, he being an officer of the Post Office;</rs>
<rs id="t19100718-6-offence-2" type="offenceDescription">
<interp inst="t19100718-6-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19100718-6-offence-2" type="offenceSubcategory" value="mail"/>stealing one postal letter containing one postal order for the payment of 3s. 6d., the property of
<persName id="t19100718-name-23" type="victimName">
<interp inst="t19100718-name-23" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-6-offence-2 t19100718-name-23"/>His Majesty's Postmaster-General</persName>, he being an officer of the Post Office.</rs> </p>
<rs id="t19100718-6-punishment-4" type="punishmentDescription">
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<interp inst="t19100718-6-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19100718 t19100718-6-punishment-4"/>Six months' hard labour</rs>.</p> </div1>
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<hi rend="largeCaps">CURTIS</hi>, Frederick Arthur (39, hosier)</persName>,
<rs id="t19100718-7-verdict-1" type="verdictDescription">
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<interp inst="t19100718-7-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
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<interp inst="t19100718-7-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19100718-7-offence-1" type="offenceSubcategory" value="bigamy"/>of feloni
<lb/>ously marrying
<persName id="t19100718-name-25" type="victimName">
<interp inst="t19100718-name-25" type="gender" value="female"/>
<interp inst="t19100718-name-25" type="surname" value="REID"/>
<interp inst="t19100718-name-25" type="given" value="SOPHIA BROWN"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-7-offence-1 t19100718-name-25"/>Sophia Brown Reid</persName>, his wife being then alive.</rs> </p>
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<join result="defendantPunishment" targOrder="Y" targets="def1-7-19100718 t19100718-7-punishment-5"/>15 months' hard labour</rs>.</p> </div1>
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<hi rend="largeCaps">SMITH</hi>, Henry (41, bricklayer)</persName>,
<rs id="t19100718-8-verdict-1" type="verdictDescription">
<interp inst="t19100718-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-8-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19100718-8-offence-1" type="offenceDescription">
<interp inst="t19100718-8-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19100718-8-offence-1" type="offenceSubcategory" value="simpleLarceny"/>of stealing three painters' brushes and one dusting brush, the goods of
<persName id="t19100718-name-27" type="victimName">
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<join result="offenceVictim" targOrder="Y" targets="t19100718-8-offence-1 t19100718-name-27"/>Holloway Brothers, London, Limited</persName>.</rs> </p>
<p>Prisoner confessed to having been convicted at the Guildhall on November 4, 1907, receiving three months' hard labour for stealing overcoats. 12 other convictions since 1903 for stealing were proved.</p>
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<interp inst="t19100718-8-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-8-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19100718 t19100718-8-punishment-6"/>Twelve months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19100718-9">
<interp inst="t19100718-9" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-9" type="date" value="19100718"/>
<join result="criminalCharge" id="t19100718-9-charge-1" targOrder="Y" targets="def1-9-19100718 t19100718-9-offence-1 t19100718-9-verdict-1"/>
<persName id="def1-9-19100718" type="defendantName">
<interp inst="def1-9-19100718" type="gender" value="male"/>
<interp inst="def1-9-19100718" type="age" value="26"/>
<interp inst="def1-9-19100718" type="surname" value="GORNALL"/>
<interp inst="def1-9-19100718" type="given" value="SIDNEY JAMES"/>
<interp inst="def1-9-19100718" type="occupation" value="bookbinder"/>
<hi rend="largeCaps">GORNALL</hi>, Sidney James (26, bookbinder)</persName>,
<rs id="t19100718-9-verdict-1" type="verdictDescription">
<interp inst="t19100718-9-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-9-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19100718-9-offence-1" type="offenceDescription">
<interp inst="t19100718-9-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19100718-9-offence-1" type="offenceSubcategory" value="theftFromPlace"/>of breaking and entering the shop of the
<persName id="t19100718-name-29" type="victimName">
<interp inst="t19100718-name-29" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-9-offence-1 t19100718-name-29"/>Crown Emporium Company, Limited</persName>, and stealing therein three trays, 124 rings, and three brace-lets, their goods.</rs> </p>
<p>Prisoner confessed to having been convicted at the London Ses
<lb/>sions on April 6,1909, receiving 18 months' hard labour for burglary. Other convictions proved: November 20, 1906, North London, six months for stealing; August 20, 1907, Mansion House, as a rogue and vagabond, two months: North London Sessions, November 5, 1907, shop breaking, nine months.</p>
<rs id="t19100718-9-punishment-7" type="punishmentDescription">
<interp inst="t19100718-9-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-9-punishment-7" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-19100718 t19100718-9-punishment-7"/>18 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19100718-10">
<interp inst="t19100718-10" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-10" type="date" value="19100718"/>
<join result="criminalCharge" id="t19100718-10-charge-1" targOrder="Y" targets="def1-10-19100718 t19100718-10-offence-1 t19100718-10-verdict-1"/>
<join result="criminalCharge" id="t19100718-10-charge-2" targOrder="Y" targets="def1-10-19100718 t19100718-10-offence-2 t19100718-10-verdict-1"/>
<join result="criminalCharge" id="t19100718-10-charge-3" targOrder="Y" targets="def1-10-19100718 t19100718-10-offence-3 t19100718-10-verdict-1"/>
<persName id="def1-10-19100718" type="defendantName">
<interp inst="def1-10-19100718" type="gender" value="male"/>
<interp inst="def1-10-19100718" type="age" value="36"/>
<interp inst="def1-10-19100718" type="surname" value="SMITH"/>
<interp inst="def1-10-19100718" type="given" value="WILLIAM"/>
<interp inst="def1-10-19100718" type="occupation" value="joiner"/>
<hi rend="largeCaps">SMITH</hi>, William (36, joiner)</persName>,
<rs id="t19100718-10-verdict-1" type="verdictDescription">
<interp inst="t19100718-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-10-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19100718-10-offence-1" type="offenceDescription">
<interp inst="t19100718-10-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19100718-10-offence-1" type="offenceSubcategory" value="forgery"/>of forging and utter
<lb/>ing, knowing the same to be forged, a certain authority and request for the payment of money, to wit, a letter to
<persName id="t19100718-name-31" type="victimName">
<interp inst="t19100718-name-31" type="gender" value="female"/>
<interp inst="t19100718-name-31" type="surname" value="JOHNSON"/>
<interp inst="t19100718-name-31" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-10-offence-1 t19100718-name-31"/>Elizabeth Johnson</persName> authorising and requesting the payment of a weekly sum of 5s., with intent to defraud;</rs>
<rs id="t19100718-10-offence-2" type="offenceDescription">
<interp inst="t19100718-10-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19100718-10-offence-2" type="offenceSubcategory" value="fraud"/> obtaining by false pretences from
<persName id="t19100718-name-32" type="victimName">
<interp inst="t19100718-name-32" type="gender" value="female"/>
<interp inst="t19100718-name-32" type="surname" value="JOHNSON"/>
<interp inst="t19100718-name-32" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-10-offence-2 t19100718-name-32"/>Elizabeth John
<lb/>son</persName> four several sums of 5s., and from
<persName id="t19100718-name-33" type="victimName">
<interp inst="t19100718-name-33" type="gender" value="female"/>
<interp inst="t19100718-name-33" type="surname" value="SAUNDERS"/>
<interp inst="t19100718-name-33" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-10-offence-2 t19100718-name-33"/>Elizabeth Saunders</persName> four several sums of 8s., with intent to defraud;</rs>
<rs id="t19100718-10-offence-3" type="offenceDescription">
<interp inst="t19100718-10-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t19100718-10-offence-3" type="offenceSubcategory" value="fraud"/>obtaining by false pretences from
<persName id="t19100718-name-34" type="victimName">
<interp inst="t19100718-name-34" type="gender" value="male"/>
<interp inst="t19100718-name-34" type="surname" value="SMITH"/>
<interp inst="t19100718-name-34" type="given" value="JACOB"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-10-offence-3 t19100718-name-34"/>Jacob Smith</persName> and another 40 cans of varnish, with intent to defraud.</rs> </p>
<xptr type="pageFacsimile" doc="191007180007"/>
<p>Convictions proved: April 2, 1906, at this Court four years' penal servitude for obtaining money by false pretences, after two previous convictions.</p>
<rs id="t19100718-10-punishment-8" type="punishmentDescription">
<interp inst="t19100718-10-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-10-punishment-8" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-10-19100718 t19100718-10-punishment-8"/>18 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19100718-11">
<interp inst="t19100718-11" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-11" type="date" value="19100718"/>
<join result="criminalCharge" id="t19100718-11-charge-1" targOrder="Y" targets="def1-11-19100718 t19100718-11-offence-1 t19100718-11-verdict-1"/>
<join result="criminalCharge" id="t19100718-11-charge-2" targOrder="Y" targets="def1-11-19100718 t19100718-11-offence-2 t19100718-11-verdict-1"/>
<persName id="def1-11-19100718" type="defendantName">
<interp inst="def1-11-19100718" type="gender" value="male"/>
<interp inst="def1-11-19100718" type="age" value="22"/>
<interp inst="def1-11-19100718" type="surname" value="AVIS"/>
<interp inst="def1-11-19100718" type="given" value="JOHN"/>
<interp inst="def1-11-19100718" type="occupation" value="engineer"/>
<hi rend="largeCaps">AVIS</hi>, John, otherwise
<rs id="t19100718-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-11-19100718 t19100718-alias-1"/> Frederick George Cooper </rs>(22, engineer)</persName>,
<rs id="t19100718-11-verdict-1" type="verdictDescription">
<interp inst="t19100718-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-11-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19100718-11-offence-1" type="offenceDescription">
<interp inst="t19100718-11-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19100718-11-offence-1" type="offenceSubcategory" value="simpleLarceny"/>of stealing one suit case, the goods of
<persName id="t19100718-name-36" type="victimName">
<interp inst="t19100718-name-36" type="gender" value="male"/>
<interp inst="t19100718-name-36" type="surname" value="JACOBSON"/>
<interp inst="t19100718-name-36" type="given" value="JULIUS"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-11-offence-1 t19100718-name-36"/>Julius Jacobson</persName>;</rs>
<rs id="t19100718-11-offence-2" type="offenceDescription">
<interp inst="t19100718-11-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19100718-11-offence-2" type="offenceSubcategory" value="simpleLarceny"/>stealing two pairs of binocular glasses and other articles, the goods of
<persName id="t19100718-name-37" type="victimName">
<interp inst="t19100718-name-37" type="gender" value="male"/>
<interp inst="t19100718-name-37" type="surname" value="POUND"/>
<interp inst="t19100718-name-37" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-11-offence-2 t19100718-name-37"/>Sir John Pound</persName> and another.</rs> </p>
<p>Prisoner confessed to having been convicted on October 23, 1909, at Lincoln, receiving nine months' hard labour, for obtaining by false pretences. Other convictions proved: December 2, 1908, Guildhall, six months, obtaining goods by false pretences; May 25, 1908, Win
<lb/>chester, six months' hard labour for forgery.</p>
<rs id="t19100718-11-punishment-9" type="punishmentDescription">
<interp inst="t19100718-11-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-11-punishment-9" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-19100718 t19100718-11-punishment-9"/>18 months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19100718-12">
<interp inst="t19100718-12" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-12" type="date" value="19100718"/>
<join result="criminalCharge" id="t19100718-12-charge-1" targOrder="Y" targets="def1-12-19100718 t19100718-12-offence-1 t19100718-12-verdict-1"/>
<persName id="def1-12-19100718" type="defendantName">
<interp inst="def1-12-19100718" type="gender" value="male"/>
<interp inst="def1-12-19100718" type="age" value="38"/>
<interp inst="def1-12-19100718" type="surname" value="NEVILLE"/>
<interp inst="def1-12-19100718" type="given" value="CHARLES"/>
<interp inst="def1-12-19100718" type="occupation" value="labourer"/>
<hi rend="largeCaps">NEVILLE</hi>, Charles (38, labourer)</persName>
<rs id="t19100718-12-offence-1" type="offenceDescription">
<interp inst="t19100718-12-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19100718-12-offence-1" type="offenceSubcategory" value="burglary"/>, being found by night having in his possession, without lawful excuse, a certain implement of house-breaking, to wit, one file jemmy; being found in a certain public place under such circumstances as to show that he was about to commit an offence punishable on indictment. (Prevention of Crimes Act, 1871, Sec. 7.)</rs> </p>
<p>Mr. Ernest Walsh prosecuted.</p>
<persName id="t19100718-name-39" type="witnessName">
<interp inst="t19100718-name-39" type="gender" value="male"/>
<interp inst="t19100718-name-39" type="surname" value="COLE"/>
<interp inst="t19100718-name-39" type="given" value="CHARLES"/>
<hi rend="smallCaps">CHARLES COLE</hi> </persName>, 88 C. On July 2, 1910, at 1.20 a.m., I was on duty in Leadenhall Street, when I saw prisoner loitering by Pound's Buildings; he then went into the court way, re
<lb/>mained there for about three minutes, came out, and crossed the road. I then noticed he had something up his sleeve, stopped him, and said, "What did you go into the buildings for?" He said he had gone to pass urine. I said, "What have you got up your sleeve?" He said, "Nothing, what is that to do with you?" I then took jimmy (produced) from his coat sleeve, and said, "What are you doing with this?" He said, "I use that in my work. I am looking for work." I took him to Minories Police Station, where he was charged with loitering and being in possession by night of house-breaking imple
<lb/>ments. At the Mansion House prisoner elected to be tried by a jury under the Prevention of Crimes Act.</p>
<persName id="t19100718-name-40" type="witnessName">
<interp inst="t19100718-name-40" type="gender" value="male"/>
<interp inst="t19100718-name-40" type="surname" value="HUMPLEDON"/>
<interp inst="t19100718-name-40" type="given" value="ARTHUR"/>
<hi rend="smallCaps">ARTHUR HUMPLEDON</hi> </persName>, 156 B, proved that prisoner was sentenced at this Court on December 11, 1907, to nine months' hard labour for attempted warehouse-breaking and possessing house-breaking instruments by night; also to 14 days' hard labour on February 3, 1903, for stealing boots.</p>
<xptr type="pageFacsimile" doc="191007180008"/>
<hi rend="smallCaps">
<persName id="t19100718-name-41" type="witnessName">
<interp inst="t19100718-name-41" type="gender" value="male"/>
<interp inst="t19100718-name-41" type="surname" value="NEVILLE"/>
<interp inst="t19100718-name-41" type="given" value="CHARLES"/>CHARLES NEVILLE</persName> </hi> (prisoner, not on oath). "I was not in Pound's Buildings for any unlawful purpose. I was looking for work."</p>
<rs id="t19100718-12-verdict-1" type="verdictDescription">
<interp inst="t19100718-12-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-12-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<rs id="t19100718-12-punishment-10" type="punishmentDescription">
<interp inst="t19100718-12-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-12-punishment-10" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-12-19100718 t19100718-12-punishment-10"/>Six months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19100718-13">
<interp inst="t19100718-13" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-13" type="date" value="19100718"/>
<join result="criminalCharge" id="t19100718-13-charge-1" targOrder="Y" targets="def1-13-19100718 t19100718-13-offence-1 t19100718-13-verdict-1"/>
<persName id="def1-13-19100718" type="defendantName">
<interp inst="def1-13-19100718" type="gender" value="female"/>
<interp inst="def1-13-19100718" type="age" value="29"/>
<interp inst="def1-13-19100718" type="surname" value="HAYWARD"/>
<interp inst="def1-13-19100718" type="given" value="EDITH MAUD TALBOT"/>
<interp inst="def1-13-19100718" type="occupation" value="servant"/>
<hi rend="largeCaps">HAYWARD</hi>, Edith Maud Talbot (29, servant)</persName>,
<rs id="t19100718-13-verdict-1" type="verdictDescription">
<interp inst="t19100718-13-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-13-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19100718-13-offence-1" type="offenceDescription">
<interp inst="t19100718-13-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19100718-13-offence-1" type="offenceSubcategory" value="bigamy"/>of feloniously marrying
<persName id="t19100718-name-43" type="victimName">
<interp inst="t19100718-name-43" type="gender" value="male"/>
<interp inst="t19100718-name-43" type="surname" value="EASTON"/>
<interp inst="t19100718-name-43" type="given" value="CHARLES EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-13-offence-1 t19100718-name-43"/>Charles Edward Easton</persName>, her husband being then alive.</rs> </p>
<p>Prisoner was stated to have become addicted to drink.</p>
<rs id="t19100718-13-punishment-11" type="punishmentDescription">
<interp inst="t19100718-13-punishment-11" type="punishmentCategory" value="noPunish"/>
<interp inst="t19100718-13-punishment-11" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-13-19100718 t19100718-13-punishment-11"/>Sentence postponed till next Sessions, the Court missionary, Mr. Scott-France, undertaking to find a home for prisoner.</rs> </p> </div1>
<div1 type="trialAccount" id="t19100718-14">
<interp inst="t19100718-14" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-14" type="date" value="19100718"/>
<join result="criminalCharge" id="t19100718-14-charge-1" targOrder="Y" targets="def1-14-19100718 t19100718-14-offence-1 t19100718-14-verdict-1"/>
<persName id="def1-14-19100718" type="defendantName">
<interp inst="def1-14-19100718" type="gender" value="female"/>
<interp inst="def1-14-19100718" type="age" value="37"/>
<interp inst="def1-14-19100718" type="surname" value="BERRY"/>
<interp inst="def1-14-19100718" type="given" value="MARGARET JANE"/>
<interp inst="def1-14-19100718" type="occupation" value="charwoman"/>
<hi rend="largeCaps">BERRY</hi>, Margaret Jane (37, charwoman)</persName>,
<rs id="t19100718-14-verdict-1" type="verdictDescription">
<interp inst="t19100718-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-14-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19100718-14-offence-1" type="offenceDescription">
<interp inst="t19100718-14-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19100718-14-offence-1" type="offenceSubcategory" value="bigamy"/>of felo
<lb/>niously marrying
<persName id="t19100718-name-45" type="victimName">
<interp inst="t19100718-name-45" type="gender" value="male"/>
<interp inst="t19100718-name-45" type="surname" value="NIXON"/>
<interp inst="t19100718-name-45" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-14-offence-1 t19100718-name-45"/>William Nixon</persName>, her husband being then alive.</rs> </p>
<p>The first husband was stated also to have committed bigamy.</p>
<rs id="t19100718-14-punishment-12" type="punishmentDescription">
<interp inst="t19100718-14-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-14-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-19100718 t19100718-14-punishment-12"/>Two days' imprisonment</rs>.</p> </div1>
<div1 type="trialAccount" id="t19100718-15">
<interp inst="t19100718-15" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-15" type="date" value="19100718"/>
<join result="criminalCharge" id="t19100718-15-charge-1" targOrder="Y" targets="def1-15-19100718 t19100718-15-offence-1 t19100718-15-verdict-1"/>
<persName id="def1-15-19100718" type="defendantName">
<interp inst="def1-15-19100718" type="gender" value="male"/>
<interp inst="def1-15-19100718" type="age" value="50"/>
<interp inst="def1-15-19100718" type="surname" value="KELLY"/>
<interp inst="def1-15-19100718" type="given" value="WILLIAM JOSEPH"/>
<interp inst="def1-15-19100718" type="occupation" value="ship's fireman"/>
<hi rend="largeCaps">KELLY</hi>, William Joseph (50, ship's fireman)</persName>
<rs id="t19100718-15-offence-1" type="offenceDescription">
<interp inst="t19100718-15-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19100718-15-offence-1" type="offenceSubcategory" value="wounding"/>, feloniously wounding
<persName id="t19100718-name-47" type="victimName">
<interp inst="t19100718-name-47" type="gender" value="male"/>
<interp inst="t19100718-name-47" type="surname" value="BERGIN"/>
<interp inst="t19100718-name-47" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-15-offence-1 t19100718-name-47"/>William Bergin</persName> with intent to do him grievous bodily harm.</rs> </p>
<p>Mr. Blake Odgers prosecuted.</p>
<persName id="t19100718-name-48" type="witnessName">
<interp inst="t19100718-name-48" type="gender" value="male"/>
<interp inst="t19100718-name-48" type="surname" value="SMITH"/>
<interp inst="t19100718-name-48" type="given" value="FREDERICK"/>
<hi rend="smallCaps">FREDERICK SMITH</hi> </persName>, 388 C. On May 31, 1910, at 7.10 p.m., I saw prisoner in Aldgate High Street walking slowly towards me holding razor (produced) closed in his left hand, followed by a number of men, who said, "That is him; he has cut the man's throat." Immediately behind prisoner was prosecutor, who pointed to his cheek, on which was a large wound eight inches long, extending to the neck. I placed a pad on the wound and bandaged it, put prosecutor in a cab, and took him to the London Hospital after hand
<lb/>ing prisoner over to another constable. I found prisoner at Bishops-gate Police Station and charged him. He said, "This man has caused a number of children to follow me in the streets."</p>
<hi rend="smallCaps">
<persName id="t19100718-name-49" type="witnessName">
<interp inst="t19100718-name-49" type="gender" value="male"/>
<interp inst="t19100718-name-49" type="surname" value="NATHAN"/>
<interp inst="t19100718-name-49" type="given" value="MICHAEL"/>MICHAEL NATHAN</persName> </hi>, 25, Bradborne Buildings, dealer. On May 31 prosecutor, who is a friend of mine, was with me at Aldgate talking about a boxing match, when prisoner came up with the razor and attacked him. The police-constable took him in custody.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-50" type="witnessName">
<interp inst="t19100718-name-50" type="gender" value="male"/>
<interp inst="t19100718-name-50" type="surname" value="ELTHAM"/>
<interp inst="t19100718-name-50" type="given" value="HENRY BROWNLOW"/>HENRY BROWNLOW ELTHAM</persName> </hi>, house surgeon, London Hospital. On May 31 prosecutor was brought in. He had a cut on the left side of the neck, starting from the cheek and extending to the neck. The facial artery and the jugular vein were both cut; there was great loss of blood, and but for the first aid assistance which had been given he would have bled to death. The wound might have been caused by razor (produced). He was an in-patient from May 31 to June 28.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-51" type="witnessName">
<interp inst="t19100718-name-51" type="gender" value="male"/>
<interp inst="t19100718-name-51" type="surname" value="EAST"/>
<interp inst="t19100718-name-51" type="given" value="WILLIAM NORWOOD"/>WILLIAM NORWOOD EAST</persName> </hi>, deputy medical officer, Brixton Prison. I have had prisoner under my observation since June 1. I consider he was insane at the time the act was committed, and that he is insane at the present time; he has delusions; he has been placed in the padded cell.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-52" type="witnessName">
<interp inst="t19100718-name-52" type="gender" value="male"/>
<interp inst="t19100718-name-52" type="surname" value="KELLY"/>
<interp inst="t19100718-name-52" type="given" value="WILLIAM JOSEPH"/>WILLIAM JOSEPH KELLY</persName> </hi> (prisoner, not on oath). I have been over eighteen months running in and out of London, Liverpool, and Glasgow. I have never been brought up before in my life. The par
<xptr type="pageFacsimile" doc="191007180009"/>
<p>in the statement I have given are perfectly true. I had not the slightest idea of hurting this man. I have no recollection of the circumstances.</p>
<rs id="t19100718-15-verdict-1" type="verdictDescription">
<interp inst="t19100718-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-15-verdict-1" type="verdictSubcategory" value="insane"/>Guilty, but insane at the time of committing the offence,</rs>
<rs id="t19100718-15-punishment-13" type="punishmentDescription">
<interp inst="t19100718-15-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-15-punishment-13" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-15-19100718 t19100718-15-punishment-13"/>Ordered to be detained during His Majesty's pleasure.</rs> </p> </div1>
<div1 type="trialAccount" id="t19100718-16">
<interp inst="t19100718-16" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-16" type="date" value="19100718"/>
<join result="criminalCharge" id="t19100718-16-charge-1" targOrder="Y" targets="def1-16-19100718 t19100718-16-offence-1 t19100718-16-verdict-1"/>
<join result="criminalCharge" id="t19100718-16-charge-2" targOrder="Y" targets="def2-16-19100718 t19100718-16-offence-1 t19100718-16-verdict-1"/>
<join result="criminalCharge" id="t19100718-16-charge-3" targOrder="Y" targets="def3-16-19100718 t19100718-16-offence-1 t19100718-16-verdict-1"/>
<persName id="def1-16-19100718" type="defendantName">
<interp inst="def1-16-19100718" type="gender" value="male"/>
<interp inst="def1-16-19100718" type="age" value="30"/>
<interp inst="def1-16-19100718" type="surname" value="SMITH"/>
<interp inst="def1-16-19100718" type="given" value="FREDERICK"/>
<interp inst="def1-16-19100718" type="occupation" value="porter"/>
<hi rend="largeCaps">SMITH</hi>, Frederick (30, porter)</persName>,
<persName id="def2-16-19100718" type="defendantName">
<interp inst="def2-16-19100718" type="gender" value="male"/>
<interp inst="def2-16-19100718" type="age" value="21"/>
<interp inst="def2-16-19100718" type="surname" value="CLARK"/>
<interp inst="def2-16-19100718" type="given" value="FREDERICK"/>
<interp inst="def2-16-19100718" type="occupation" value="hawker"/>
<hi rend="largeCaps">CLARK</hi>, Frederick (21, hawker)</persName>, and
<persName id="def3-16-19100718" type="defendantName">
<interp inst="def3-16-19100718" type="gender" value="male"/>
<interp inst="def3-16-19100718" type="age" value="26"/>
<interp inst="def3-16-19100718" type="surname" value="JOHNSON"/>
<interp inst="def3-16-19100718" type="given" value="ALFRED"/>
<interp inst="def3-16-19100718" type="occupation" value="tinsmith"/>
<hi rend="largeCaps">JOHNSON</hi>, Alfred (26, tinsmith)</persName>
<rs id="t19100718-16-offence-1" type="offenceDescription">
<interp inst="t19100718-16-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19100718-16-offence-1" type="offenceSubcategory" value="burglary"/>, all being found by night hav
<lb/>ing in their possession without lawful excuse certain implements of housebreaking, to wit, two jemmies.</rs> </p>
<p>Mr. Gerald F. Carter prosecuted.</p>
<persName id="t19100718-name-56" type="witnessName">
<interp inst="t19100718-name-56" type="gender" value="male"/>
<interp inst="t19100718-name-56" type="surname" value="DENNISON"/>
<interp inst="t19100718-name-56" type="given" value="ISAAC"/>
<hi rend="smallCaps">ISAAC DENNISON</hi> </persName>, Y Division. On July 8, at 8.15 p.m., with Detective Kimber, I was keeping observation on the "Rising Sun" public-house, Euston Road, when I saw the three prisoners with another man not in custody leave. I followed them through various roads to King's Road, Somers Town; at 9.15 p.m. two of the men went to some waste land at the rear of Tanner's Engineering Works, stayed there about five minutes, and rejoined the other two. Then the four entered the "Constitution" public-house, and at 9.30 p.m. returned to the rear of Tanner's Works. I arrested Smith and Jackson and handed Smith to another officer. Johnson wrenched himself away, threw a jemmy at Inspector Neal, and ran off. I knew Johnson, and the next day at 11.30 a.m. I found him at 16, Little Drummond Street, under the bed. I said, "Come on, Johnson, I want you for being in possession of housebreaking tools by night." He said, "I suppose this is another put-up job for me." When charged he made no reply.</p>
<persName id="t19100718-name-57" type="witnessName">
<interp inst="t19100718-name-57" type="gender" value="male"/>
<interp inst="t19100718-name-57" type="surname" value="KIMBER"/>
<interp inst="t19100718-name-57" type="given" value="FREDERICK"/>
<hi rend="smallCaps">FREDERICK KIMBER</hi> </persName>, Y Division. On July 8 I kept obser vation on the "Rising Sun" public-house, saw the prisoners with a fourth man leave and followed them to the back of Tanner's factory. I telephoned to Inspector Neal and Sergeant Butters. The four men went into the "Constitution" public-house and returned to the rear of Tanner's factory, where they remained about ten or fifteen minutes. I seized Clark and the fourth man, who broke away, and is still at large. Sergeant Butters assisted me. On the way to the station Clark drew jemmy (produced) from his coat and threw it at Inspector Neal, hitting his hat. On the way to the station Clark said, "You can't say we were in the show. You were a bit too quick." Johnson was arrested at 16, Little Drummond Street.</p>
<p>(Wednesday, July 20.)</p>
<persName id="t19100718-name-58" type="witnessName">
<interp inst="t19100718-name-58" type="gender" value="male"/>
<interp inst="t19100718-name-58" type="surname" value="NEAL"/>
<interp inst="t19100718-name-58" type="given" value="ARTHUR"/>
<hi rend="smallCaps">ARTHUR NEAL</hi> </persName>, Y Division. On July 8 at 9.15 p.m. I received a telephone message, and went to the "Con
<lb/>stitutional" public-house, where I met Sergeant Butter. We went to King's Road, and saw Dennison and Kimber. The three prisoners and another man came from some unused land at the back of Tanner's Engineering Works. I caught hold of Smith, who immediately began to struggle. Johnson, who was two yards off, threw a jemmy at me, which caught the rim of my hat; it was picked up and carried off by a lad who ran away. Smith was struggling very violently, and he</p>
<xptr type="pageFacsimile" doc="191007180010"/>
<p>struck at me with jemmy (produced). I put up my umbrella, the jemmy struck the handle and fell on the ground. I succeeded in getting Smith to the ground. Clark was then struggling with Butters and Kimber; jemmy (produced) dropped from him on to the pave
<lb/>ment. Johnson ran down King's Road, followed by Dennison, who failed to catch him, and came back to my assistance. Clark and Smith were taken to Somers Town Police Station and charged with loitering and being in possession of housebreaking instruments by night. Smith said, "You are clever. I would have bashed your brains in. It is all right for me—only just come home." Clark said, "I did not have one of these on me," pointing to the jemmies. The two implements (produced) are jemmies, one very well made. I dis
<lb/>tinctly saw Johnson, whom I have known for several years. Bunch of keys (produced) was found on Smith.</p>
<persName id="t19100718-name-59" type="witnessName">
<interp inst="t19100718-name-59" type="gender" value="male"/>
<interp inst="t19100718-name-59" type="surname" value="BUTTERS"/>
<interp inst="t19100718-name-59" type="given" value="FREDERICK"/>
<hi rend="smallCaps">FREDERICK BUTTERS</hi> </persName>, Y Division, corroborated.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-60" type="witnessName">
<interp inst="t19100718-name-60" type="gender" value="male"/>
<interp inst="t19100718-name-60" type="surname" value="SMITH"/>
<interp inst="t19100718-name-60" type="given" value="FREDERICK"/>FREDERICK SMITH</persName> </hi> (prisoner, not on oath), denied having a jimmy upon him, and stated that he was attacked by Neal; that he said at the station, "You think you are clever, but you have made a mistake this time. I had only just come out of the public-house, and was going home when two men pounced upon me and tried to knock my brains out"; and that he said to the inspector that he wished to charge Neal with assault.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-61" type="witnessName">
<interp inst="t19100718-name-61" type="gender" value="male"/>
<interp inst="t19100718-name-61" type="surname" value="CLARK"/>
<interp inst="t19100718-name-61" type="given" value="FREDERICK"/>FREDERICK CLARK</persName> </hi> (prisoner, not on oath) stated that he was going home from the public-house, and that he had no jemmy in his posses
<hi rend="smallCaps">
<persName id="t19100718-name-62" type="witnessName">
<interp inst="t19100718-name-62" type="gender" value="male"/>
<interp inst="t19100718-name-62" type="surname" value="JOHNSON"/>
<interp inst="t19100718-name-62" type="given" value="ALFRED"/>ALFRED JOHNSON</persName> </hi> (prisoner, not on oath) stated that the jemmies (pro
<lb/>duced) belonged to the fourth man, who was not in custody, who was a decoy in the employ of Neal and Butters, and who had given the jemmies to one of the prisoners.</p>
<rs id="t19100718-16-verdict-1" type="verdictDescription">
<interp inst="t19100718-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-16-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Smith confessed to having been convicted at Marylebone on Octo
<lb/>ber 20, 1908, receiving four months' hard labour for stealing a bag, Several other convictions were proved, commencing in 1896, and in
<lb/>cluding 18 months' hard labour in 1897.</p>
<p>Clark confessed to having been convicted at Newington, receiving two sentences of nine months, concurrent, on October 27, 1908, for larceny, and under the Prevention of Crimes Act. On December 18, 1898, he was sent to an industrial school, and had since received a number of sentences, including 23 months in 1908 for housebreaking; said to have been a well-known associate of a notorious gang of house-breakers.</p>
<p>Johnson confessed to having been convicted July 28, 1908, at Win
<lb/>chester, receiving 12 months' hard labour for stealing, after a number of convictions commencing in 1899.</p>
<p>Sentence: Johnson,
<rs id="t19100718-16-punishment-14" type="punishmentDescription">
<interp inst="t19100718-16-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-16-punishment-14" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-16-19100718 t19100718-16-punishment-14"/>Five years' penal servitude</rs>; Clark,
<rs id="t19100718-16-punishment-15" type="punishmentDescription">
<interp inst="t19100718-16-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-16-punishment-15" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-16-19100718 t19100718-16-punishment-15"/>Three years' penal servitude</rs>; Smith,
<rs id="t19100718-16-punishment-16" type="punishmentDescription">
<interp inst="t19100718-16-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-16-punishment-16" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-16-19100718 t19100718-16-punishment-16"/>Four years' penal servitude.</rs> </p>
<xptr type="pageFacsimile" doc="191007180011"/>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE COMMON SERJEANT</hi>.</p>
<p>(Tuesday, July 19).</p> </div1>
<div1 type="trialAccount" id="t19100718-17">
<interp inst="t19100718-17" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-17" type="date" value="19100718"/>
<join result="criminalCharge" id="t19100718-17-charge-1" targOrder="Y" targets="def1-17-19100718 t19100718-17-offence-1 t19100718-17-verdict-1"/>
<persName id="def1-17-19100718" type="defendantName">
<interp inst="def1-17-19100718" type="gender" value="male"/>
<interp inst="def1-17-19100718" type="age" value="56"/>
<interp inst="def1-17-19100718" type="surname" value="PEARCE"/>
<interp inst="def1-17-19100718" type="given" value="HENRY"/>
<interp inst="def1-17-19100718" type="occupation" value="cabinet-maker"/>
<hi rend="largeCaps">PEARCE</hi>, Henry (56, cabinet-maker)</persName>, having pleaded guilty of possessing counterfeit coin, was indicted
<rs id="t19100718-17-offence-1" type="offenceDescription">
<interp inst="t19100718-17-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19100718-17-offence-1" type="offenceSubcategory" value="other"/>for that he is a habitual criminal.</rs> </p>
<p>Mr. Beaumont Morice prosecuted.</p>
<persName id="t19100718-name-64" type="witnessName">
<interp inst="t19100718-name-64" type="gender" value="male"/>
<interp inst="t19100718-name-64" type="surname" value="HANDCOCK"/>
<interp inst="t19100718-name-64" type="given" value="HENRY"/>
<hi rend="smallCaps">HENRY HANDCOCK</hi> </persName>, R Division. On June 9 I served prisoner with the statutory notice, and asked him whether he could give me any information as to where he had been living and as to whether he had been endeavouring to lead an honest life. He said, "I cannot tell you anything. I must put up with it."</p>
<persName id="t19100718-name-65" type="witnessName">
<interp inst="t19100718-name-65" type="gender" value="male"/>
<interp inst="t19100718-name-65" type="surname" value="FOWEL"/>
<interp inst="t19100718-name-65" type="given" value="EDWIN"/>
<hi rend="smallCaps">EDWIN FOWEL</hi> </persName>, Kent County Constabulary. I was present on February 21, 1906, at the Kent Assizes, when prisoner was sen
<lb/>tenced to three years' penal servitude for house-breaking.</p>
<persName id="t19100718-name-66" type="witnessName">
<interp inst="t19100718-name-66" type="gender" value="male"/>
<interp inst="t19100718-name-66" type="surname" value="HOOK"/>
<interp inst="t19100718-name-66" type="given" value="ERNEST"/>
<hi rend="smallCaps">ERNEST HOOK</hi> </persName>, 6 Division. I was present on May 29, 1901, at the Salisbury Sessions when prisoner received six months' hard labour for housebreaking in the name of Thomas Williams, and at Kingston Sessions on June 30, 1903, when he received three years' penal servitude in the name of Arthur Bennett for housebreaking. Several previous convictions were proved against him on that occasion. After he was released from the Salisbury conviction I used to see him at Mare Street, Hackney, in the company of thieves. I have never known him do any honest work, although I have known him a number of years; he has always associated with the most dangerous thieves frequenting Hoxton. He was released on December 12, 1908, from the sentence he received in 1906.</p>
<p>Cross-examined by prisoner. I did not see you between the time you were released in 1901 and when I saw you in custody at Wimble
<lb/>don in 1903. I did not see you since your last discharge. You never reported yourself. You left the East-End and went to Greenwich or Woolwich.</p>
<persName id="t19100718-name-67" type="witnessName">
<interp inst="t19100718-name-67" type="gender" value="male"/>
<interp inst="t19100718-name-67" type="surname" value="RELF"/>
<interp inst="t19100718-name-67" type="given" value="THOMAS"/>
<hi rend="smallCaps">THOMAS RELF</hi> </persName>, G Division. On March 12, 1909, I was on duty at the Old Street Police Station, at which prisoner should have made his monthly report, but he failed to do so, and I reported that fact to the Commissioner. His time expired on November 16, 1909; he had some remnant to serve.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-68" type="witnessName">
<interp inst="t19100718-name-68" type="gender" value="male"/>
<interp inst="t19100718-name-68" type="surname" value="PEARCE"/>
<interp inst="t19100718-name-68" type="given" value="HENRY"/>HENRY PEARCE</persName> </hi> (prisoner, not on oath). I have been trying to call witnesses, but they will not come up. I do not wish to give evidence myself or to be cross-examined about it.</p>
<rs id="t19100718-17-verdict-1" type="verdictDescription">
<interp inst="t19100718-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-17-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<rs id="t19100718-17-punishment-17" type="punishmentDescription">
<interp inst="t19100718-17-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-17-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-19100718 t19100718-17-punishment-17"/>Three Years' penal servitude</rs> and
<rs id="t19100718-17-punishment-18" type="punishmentDescription">
<interp inst="t19100718-17-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-17-punishment-18" type="punishmentSubcategory" value="preventiveDetention"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-19100718 t19100718-17-punishment-18"/>five years' preventive detention.</rs> </p> </div1>
<div1 type="trialAccount" id="t19100718-18">
<interp inst="t19100718-18" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-18" type="date" value="19100718"/>
<join result="criminalCharge" id="t19100718-18-charge-1" targOrder="Y" targets="def1-18-19100718 t19100718-18-offence-1 t19100718-18-verdict-1"/>
<join result="criminalCharge" id="t19100718-18-charge-2" targOrder="Y" targets="def2-18-19100718 t19100718-18-offence-1 t19100718-18-verdict-1"/>
<join result="criminalCharge" id="t19100718-18-charge-3" targOrder="Y" targets="def3-18-19100718 t19100718-18-offence-1 t19100718-18-verdict-2"/>
<persName id="def1-18-19100718" type="defendantName">
<interp inst="def1-18-19100718" type="gender" value="male"/>
<interp inst="def1-18-19100718" type="age" value="22"/>
<interp inst="def1-18-19100718" type="surname" value="MURRAY"/>
<interp inst="def1-18-19100718" type="given" value="WILLIAM"/>
<interp inst="def1-18-19100718" type="occupation" value="carman"/>
<hi rend="largeCaps">MURRAY</hi>, William (22, carman)</persName>,
<persName id="def2-18-19100718" type="defendantName">
<interp inst="def2-18-19100718" type="gender" value="male"/>
<interp inst="def2-18-19100718" type="age" value="25"/>
<interp inst="def2-18-19100718" type="surname" value="PATTEN"/>
<interp inst="def2-18-19100718" type="given" value="THOMAS"/>
<interp inst="def2-18-19100718" type="occupation" value="hawker"/>
<hi rend="largeCaps">PATTEN</hi>, Thomas (25, hawker)</persName>, and
<persName id="def3-18-19100718" type="defendantName">
<interp inst="def3-18-19100718" type="gender" value="male"/>
<interp inst="def3-18-19100718" type="age" value="25"/>
<interp inst="def3-18-19100718" type="surname" value="JONES"/>
<interp inst="def3-18-19100718" type="given" value="ARTHUR THOMAS"/>
<interp inst="def3-18-19100718" type="occupation" value="labourer"/>
<hi rend="largeCaps">JONES</hi>, Arthur Thomas (25, labourer)</persName>
<rs id="t19100718-18-offence-1" type="offenceDescription">
<interp inst="t19100718-18-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19100718-18-offence-1" type="offenceSubcategory" value="coiningOffences"/>, uttering coun
<lb/>terfeit coin twice on the same day. (Second count.) Possessing coun
<lb/>terfeit coin with intent to utter same.</rs> </p>
<p>Murray and Patten
<rs id="t19100718-18-verdict-1" type="verdictDescription">
<interp inst="t19100718-18-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-18-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty.</rs> </p>
<xptr type="pageFacsimile" doc="191007180012"/>
<p>Mr. Wilkinson prosecuted; Mr. St. John Macdonald appeared for Murray and Patten.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-72" type="witnessName">
<interp inst="t19100718-name-72" type="gender" value="female"/>
<interp inst="t19100718-name-72" type="surname" value="FREESNER"/>
<interp inst="t19100718-name-72" type="given" value="LILIAN"/>LILIAN FREESNER</persName> </hi>, barmaid, "Boar's Head," Cannon Street. In the afternoon on June 23 Murray and one of the other prisoners, whom I do not recognise, came in. Two glasses of ale were called for, and a florin was given in payment, which I put in the till; several others were there, but this was the only new one. I gave them the change, and they called for a pennyworth of tobacco, which I gave them. They drank up and went out. A police officer came in and told me some
<lb/>thing. I took the florin that had been given me from the till, tried it with acid, and it turned black. I showed it to the guv'nor, who told me to mark it, which I did. When the officer came back again I gave it to him.</p>
<p>Cross-examined by Jones. I said at the police court that Murray and Patten came in. I can only recognise Murray.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-73" type="witnessName">
<interp inst="t19100718-name-73" type="gender" value="male"/>
<interp inst="t19100718-name-73" type="surname" value="FARRELL"/>
<interp inst="t19100718-name-73" type="given" value="ROBERT"/>ROBERT FARRELL</persName> </hi>, barman, "Cow and Calf" public house, East-cheap. I was serving on the afternoon of June 23 when I heard some ale called for. I went to the counter and served it. I found a florin on the counter, and I gave 1s. 10d. change. I do not know who picked up the ale and who put down the florin. They went out. Immediately afterwards a police officer came in and said something to me. I found this bad florin (produced) that I received in the till, and marked it. I afterwards handed it to the officer. There were no other florins in the till.</p>
<persName id="t19100718-name-74" type="witnessName">
<interp inst="t19100718-name-74" type="gender" value="male"/>
<interp inst="t19100718-name-74" type="surname" value="KIRBY"/>
<interp inst="t19100718-name-74" type="given" value="ALFRED"/>
<hi rend="smallCaps">ALFRED KIRBY</hi> </persName>, City Police. On June 23 I saw the three prisoners at the corner of Queen Street, by Queen Victoria Street. They were acting suspiciously, and I kept them under observation. They went towards the Mansion House, and then returned to the corner of Queen Street. Murray and Jones then went into Lock-hart's, and I followed them in and saw Murray go to the changing-desk and change a florin. Then they went to the counter and bought two teas and two cakes, which they paid for in bronze. I then left Lock-hart's and kept Patten under observation. After a couple of minutes Jones and Murray came out and joined him. I followed them as they went towards the Mansion House, and I saw Murray hand Patten some money, some of which he placed in his jacket pocket and some in his trousers pocket. They proceeded to the "Boar's Head," in Can
<lb/>non Street, where they stopped and looked into the public bar. Murray and Jones then went in, and Murray tendered a silver coin and called for drinks. Miss Freesner gave him the drink and the change. On their leaving I spoke to her, and she produced a florin, which turned out to be bad. I told her to mark it and take care of it. I caught up prisoners in Clement's Lane, where they were in deep conversation. Murray handed Patten more money. They then pro
<lb/>ceeded to Talbot Court, where Murray and Jones went into the public bar of the "Ship" public house. I spoke to the barman after they left, but could get no satisfactory information. The next time I saw prisoners they were in a doorway by the "Cow and Calf" public house, Eastcheap. Murray and Jones went into the public bar. Murray called for drinks, and tendered a silver</p>
<xptr type="pageFacsimile" doc="191007180013"/>
<p>coin. They were served, Murray picked up the change, and they rejoined Patten. I spoke to the barman who produced a florin, which was found to be bad. I then went out and saw Patten by himself. After about ten minutes he was joined by the other two prisoners, and they all went into Eastcheap. Murray gave Patten more money. I spoke to a police-constable, and we arrested the prisoners. When charged they made no reply. On Patten were found 11s. in small silver in his trousers pocket and 3s. 6d. in bronze in his jacket pocket. On Murray was found this bad florin, dated 1903 (Exhibit 4). Nothing was found on Jones.</p>
<p>To Jones. I have never known any of you before. I had been watching you 15 minutes before you and Murray went into the "Boar's Head." I never said to my wife, "There was nothing found on him. I thought he had something on him. If you can get to know from him where these bad coins are made I will get him off." A friend who was with me at the time said it was a pity we could not find the people who made them.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-75" type="witnessName">
<interp inst="t19100718-name-75" type="gender" value="male"/>
<interp inst="t19100718-name-75" type="surname" value="WEBSTER"/>
<interp inst="t19100718-name-75" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>, Inspector of Coins, H.M. Mint. This florin uttered at the "Boar's Head" is dated 1903 and is counterfeit, as is also one uttered at the "Cow and Calf," which is dated 1907. Those found at Lockhart's are dated 1903, and are from the same mould as the "Boar's Head" florin, as is also the florin found on Murray.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-76" type="witnessName">
<interp inst="t19100718-name-76" type="gender" value="male"/>
<interp inst="t19100718-name-76" type="surname" value="JONES"/>
<interp inst="t19100718-name-76" type="given" value="ARTHUR THOMAS"/>ARTHUR THOMAS JONES</persName> </hi> (Prisoner, not on oath). I only plead not guilty of being in these places.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-77" type="witnessName">
<interp inst="t19100718-name-77" type="gender" value="female"/>
<interp inst="t19100718-name-77" type="surname" value="JONES"/>
<interp inst="t19100718-name-77" type="given" value="DAISY MARIAN"/>DAISY MARIAN JONES</persName> </hi>. To the Court. Prisoner Jones is my hus
<lb/>band. Detective Kirby came to my house with a friend, and said to me that if I would tell him where the money was made he would make it better for my husband, and asked me if I had any bad money in the house. I said I had not, and knew nothing of it.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-78" type="witnessName">
<interp inst="t19100718-name-78" type="gender" value="male"/>
<interp inst="t19100718-name-78" type="surname" value="CHAPMAN"/>
<interp inst="t19100718-name-78" type="given" value="JOHN"/>JOHN CHAPMAN</persName> </hi>, leather goods manufacturer, 154, Lansdown Road, London Fields. To the Court. I have known Jones seven years. For four months from January this year he worked with me, and I always found him honest and trustworthy. I have heard things against him, but I personally have always found him honest.</p>
<p>Cross-examined. As far as I know he has been convicted twice before, the last conviction being about 18 months ago. I believe he got 12 months, but I do not know what for.</p>
<persName id="t19100718-name-79" type="witnessName">
<interp inst="t19100718-name-79" type="gender" value="male"/>
<interp inst="t19100718-name-79" type="surname" value="BUTT"/>
<interp inst="t19100718-name-79" type="given" value="ALFRED"/>
<hi rend="smallCaps">ALFRED BUTT</hi> </persName>, H Division. I was present at the North London Sessions on November 10, 1908, when Jones was sentenced to 12 months' hard labour for purse snatching. Two previous con
<lb/>victions were then proved against him, one on August 20, 1907, for frequenting, and one on November 5, 1907, for stealing a chain.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-80" type="witnessName">
<interp inst="t19100718-name-80" type="gender" value="female"/>
<interp inst="t19100718-name-80" type="surname" value="YARROW"/>
<interp inst="t19100718-name-80" type="given" value="LYDIA"/>LYDIA YARROW</persName> </hi>. To the Court. Prisoner Jones is my brother. Since he has been out of prison he has been working part of the time with Chapman and part of the time with me at Cohen and Co., envelope manufacturers. He was working up to the Monday before he was arrested.</p>
<p>Verdict (Jones),
<rs id="t19100718-18-verdict-2" type="verdictDescription">
<interp inst="t19100718-18-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19100718-18-verdict-2" type="verdictSubcategory" value=""/>Not guilty.</rs> </p>
<xptr type="pageFacsimile" doc="191007180014"/>
<persName id="t19100718-name-81" type="witnessName">
<interp inst="t19100718-name-81" type="gender" value="male"/>
<interp inst="t19100718-name-81" type="surname" value="KIRBY"/>
<interp inst="t19100718-name-81" type="given" value="ALFRED"/>
<hi rend="smallCaps">ALFRED KIRBY</hi> </persName> stated that he had made inquiries from the employers of Murray and Patten, and they both had received an excellent character.</p>
<p>The Common Sergeant, remarking that they had evidently been led into it by Jones,
<rs id="t19100718-18-punishment-19" type="punishmentDescription">
<interp inst="t19100718-18-punishment-19" type="punishmentCategory" value="miscPunish"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-18-19100718 t19100718-18-punishment-19"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-18-19100718 t19100718-18-punishment-19"/>released them on their own recognisances in £10 each to come up for judgment if called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t19100718-19">
<interp inst="t19100718-19" type="uri" value="sessionsPapers/19100718"/>
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<persName id="def1-19-19100718" type="defendantName">
<interp inst="def1-19-19100718" type="gender" value="male"/>
<interp inst="def1-19-19100718" type="age" value="33"/>
<interp inst="def1-19-19100718" type="surname" value="SMITH"/>
<interp inst="def1-19-19100718" type="given" value="JAMES"/>
<interp inst="def1-19-19100718" type="occupation" value="umbrella maker"/>
<hi rend="largeCaps">SMITH</hi>, James (33, umbrella maker)</persName>
<rs id="t19100718-19-offence-1" type="offenceDescription">
<interp inst="t19100718-19-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19100718-19-offence-1" type="offenceSubcategory" value="coiningOffences"/>. Uttering counterfeit coin twice on the same day.</rs> </p>
<p>Mr. Pickersgill, M.P., prosecuted.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-83" type="witnessName">
<interp inst="t19100718-name-83" type="gender" value="female"/>
<interp inst="t19100718-name-83" type="surname" value="SNELLING"/>
<interp inst="t19100718-name-83" type="given" value="EMILY"/>EMILY SNELLING</persName> </hi>, barmaid, "Unicorn" Public House, Princes Road, Notting Hill. About 6 p.m. on June 25 prisoner came in and asked for a pennyworth of shag, and gave me a florin. I handed him the shag and the change, and put the florin on the till. He went away and returned at about 7 p.m. I saw the barman trying a florin. He took it back to prisoner and said, "This is a bad one. Have you got any more like this?" Prisoner said, "No; I did not know this was bad. I have just changed a half-sovereign down the road—I don't know where." The barman gave him the bad florin, and prisoner gave him a good one and went away. About five minutes after he returned and said to me, "I am going back about this two-shilling piece. I have just changed a half-sovereign down the road, and if anyone comes about it my name is Joe Clark." I said to the barman in his hearing, "I took one off him about an hour ago for a pennyworth of shag." After he tried it and found that it was bad the barman went for a policeman.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-84" type="witnessName">
<interp inst="t19100718-name-84" type="gender" value="male"/>
<interp inst="t19100718-name-84" type="surname" value="BROWN"/>
<interp inst="t19100718-name-84" type="given" value="GEORGE"/>GEORGE BROWN</persName> </hi>, barman, "Unicorn" public house. About 7 p.m. on June 25 prisoner came in and asked for a pennyworth of shag, tendering a florin. It looked rather greasy, and on testing it with acid I found it was bad. I gave it back to him, and asked him if he had got any more. He said he did not know that it was bad, that he had just got it in change for a half-sovereign, but he did not know where. He gave me a good florin. He went out. I got over the counter and watched him. He stopped about thirty yards away and rubbed the coin which I had returned to him. It was marked black with the acid. About five minutes after he came in again, and I saw him talking to Shelling. He had previously shown me the florin which he had given her, and I had bent it and found it to be bad. I fetched a constable, and he was given into custody.</p>
<persName id="t19100718-name-85" type="witnessName">
<interp inst="t19100718-name-85" type="gender" value="male"/>
<interp inst="t19100718-name-85" type="surname" value="BLACKMAN"/>
<interp inst="t19100718-name-85" type="given" value="RICHARD"/>
<hi rend="smallCaps">RICHARD BLACKMAN</hi> </persName>, 486 F. Shortly after 8 p.m. on June 25 I was called to the "Unicorn" public house. The bar-man said in prisoner's presence, "This man came here about an hour ago and passed a bad two-shilling piece. He went out and he came back and tried to pass another one. In his trousers pocket I found 6s. 11 1/2 d. in good money and a bad florin, which the barmaid tested and found to be bad. When charged at the station he said, "I only 'put down' one bad one." He had been drinking, but he was per
<lb/>fectly sober.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-86" type="witnessName">
<interp inst="t19100718-name-86" type="gender" value="male"/>
<interp inst="t19100718-name-86" type="surname" value="WEBSTER"/>
<interp inst="t19100718-name-86" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>, Inspector of Coins, H.M. Mint. These two florins are counterfeit and are from different moulds.</p>
<xptr type="pageFacsimile" doc="191007180015"/>
<p>Prisoner's statement before the magistrate: "I only had one. That was the one the barman gave me. I had nine shillings and a ha 'penny. I went in and asked for a packet of Woodbines, and put down the two-shilling piece which the barman brought me back and said it was a bad one. He said, 'Have you any more like this one?' I said 'Not that I am aware of.' I put my hand in my pocket and pulled out my other silver, two two-shilling pieces and three shillings. He handed me back the bad two-shilling piece and I gave him a good one, and I went outside the door and I returned in half a second and said, 'I am very sorry. I came down to see a friend of mine, Arthur Jones, and I shall be back this day next week, and I will let you know about it then.' A young woman came round the side, bolted the door up, and sent for a policeman. As soon as the policeman entered the door the barmaid came up with a two-shilling piece, bent, and said, 'Here's another one.' I said then, 'That don't belong to me.'"</p>
<hi rend="smallCaps">
<persName id="t19100718-name-87" type="witnessName">
<interp inst="t19100718-name-87" type="gender" value="male"/>
<interp inst="t19100718-name-87" type="surname" value="SMITH"/>
<interp inst="t19100718-name-87" type="given" value="JAMES"/>JAMES SMITH</persName> </hi> (prisoner, on oath). On the morning that this hap
<lb/>pened I sold two umbrellas to a Jew for 2s. 6d. I gave him 7s. 6d. for a half-sovereign, as he wanted change. I bought some beer and cigarettes at the "Unicorn," Bishopsgate Street, where I changed tie half-sovereign, getting three florins, a half-crown, and 1s. 4d. change. I then went and bought some eels in Shoreditch for 4d. I then went to meet a friend of mine, Arthur Jones, at the "Unicorn," Notting Hill, where I had arranged to meet him. I got there about 6.45 p.m. (Prisoner here repeated the statement he had made before the magistrate.)</p>
<p>Cross-examined. I never told the barman that I had changed the half-sovereign down some street, but I did not know where. I did not rub any coin to try and get the black off. I used to work with Jones at Chingford. I do not know where he lives, and I have not been able to get him; he only gave me the name of the public house to meet him at. At 6 p.m. I was at Notting Hill Station, and it took me about 40 minutes to find the "Unicorn."</p>
<rs id="t19100718-19-verdict-1" type="verdictDescription">
<interp inst="t19100718-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-19-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<persName id="t19100718-name-88" type="witnessName">
<interp inst="t19100718-name-88" type="gender" value="male"/>
<interp inst="t19100718-name-88" type="surname" value="BARNABY"/>
<interp inst="t19100718-name-88" type="given" value="WILLIAM"/>
<hi rend="smallCaps">WILLIAM BARNABY</hi> </persName>, F Division, proved a pre
<lb/>vious conviction on May 15, 1904, for larceny at the Stratford Petty Sessions, when prisoner was fined 10s. or seven days' hard labour in the name of James Artus, which appeared to be his real name.</p>
<rs id="t19100718-19-punishment-20" type="punishmentDescription">
<interp inst="t19100718-19-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-19-punishment-20" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-19-19100718 t19100718-19-punishment-20"/>Four months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19100718-20">
<interp inst="t19100718-20" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-20" type="date" value="19100718"/>
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<persName id="def1-20-19100718" type="defendantName">
<interp inst="def1-20-19100718" type="gender" value="male"/>
<interp inst="def1-20-19100718" type="age" value="40"/>
<interp inst="def1-20-19100718" type="surname" value="ROBINSON"/>
<interp inst="def1-20-19100718" type="given" value="EDWARD"/>
<interp inst="def1-20-19100718" type="occupation" value="clerk"/>
<hi rend="largeCaps">ROBINSON</hi>, Edward (40, clerk)</persName>,
<persName id="def2-20-19100718" type="defendantName">
<interp inst="def2-20-19100718" type="gender" value="male"/>
<interp inst="def2-20-19100718" type="age" value="30"/>
<interp inst="def2-20-19100718" type="surname" value="BROWN"/>
<interp inst="def2-20-19100718" type="given" value="ALEC"/>
<interp inst="def2-20-19100718" type="occupation" value="waiter"/>
<hi rend="largeCaps">BROWN</hi>, Alec (30, waiter)</persName>, and
<persName id="def3-20-19100718" type="defendantName">
<interp inst="def3-20-19100718" type="gender" value="male"/>
<interp inst="def3-20-19100718" type="age" value="25"/>
<interp inst="def3-20-19100718" type="surname" value="FIRMER"/>
<interp inst="def3-20-19100718" type="given" value="JOHN"/>
<interp inst="def3-20-19100718" type="occupation" value="commission agent"/>
<hi rend="largeCaps">FIRMER</hi>, John (25, commission agent)</persName>
<rs id="t19100718-20-offence-1" type="offenceDescription">
<interp inst="t19100718-20-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19100718-20-offence-1" type="offenceSubcategory" value="coiningOffences"/>, uttering counterfeit coin twice on the same day. (Second Count.) Possessing counterfeit coin with intent to utter same.</rs> </p>
<p>Mr. Pickersgill, M.P., prosecuted; Mr. St. John Macdonald de
<lb/>fended Robinson and Brown.</p>
<xptr type="pageFacsimile" doc="191007180016"/>
<hi rend="smallCaps">
<persName id="t19100718-name-92" type="witnessName">
<interp inst="t19100718-name-92" type="gender" value="male"/>
<interp inst="t19100718-name-92" type="surname" value="TUCKFIELD"/>
<interp inst="t19100718-name-92" type="given" value="RICHARD JOHN"/>RICHARD JOHN TUCKFIELD</persName> </hi>, proprietor, "Britannia" public house, Mare Street, Hackney. At 11 p.m. on June 22 Robinson came in, ordered a glass of beer and tendered this (produced) florin to my wife, which I noticed looked rather dull, and which I found to be bad. I spoke to Sergeant Taylor, who was standing close to him, and pierced it three times with a pick. I gave it back to Robinson, telling him it was a bad one. He said, "If it's a 'dud' I don't want it; it's no good to me," but he took it, paid 2d. for the beer and left. Taylor followed him.</p>
<p>Cross-examined by Mr. McDonald. Taylor said nothing; I simply told him it was a bad one. Robinson did not know him. This rings very much like a good florin. I did not see Brown at all.</p>
<p>Cross-examined by Firmer. I never saw you in the house that night.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-93" type="witnessName">
<interp inst="t19100718-name-93" type="gender" value="male"/>
<interp inst="t19100718-name-93" type="surname" value="THORNTON"/>
<interp inst="t19100718-name-93" type="given" value="GEORGE HORACE"/>GEORGE HORACE THORNTON</persName> </hi>, barman, "Railway Tavern," Mare Street, Hackney. Just after 11 p.m. on June 22 Robinson, whom I recognised as a customer, came in, and I served him with a glass of Red Seal whisky, for which he tendered a florin. I put it in the till, gave him the change, and he left. A few minutes afterwards he re
<lb/>turned, had another whisky, and again tendered a florin, which I put in the till. I gave him his change and he left. About five minutes later my employer searched the tills and found two counterfeit florins dated 1909, which were given to Sergeant Taylor.</p>
<p>Cross-examined by Mr. McDonald. There was no interval between the finding of the two coins. I did not see Brown at all. I did not examine the florins closely, and I did not notice they were bad. Per
<lb/>haps I could not distinguish between them and good florins; anybody may make mistakes. They are very good copies.</p>
<p>To Firmer. I did not see you there.</p>
<persName id="t19100718-name-94" type="witnessName">
<interp inst="t19100718-name-94" type="gender" value="male"/>
<interp inst="t19100718-name-94" type="surname" value="TAYLOR"/>
<interp inst="t19100718-name-94" type="given" value="HERBERT"/>
<hi rend="smallCaps">HERBERT TAYLOR</hi> </persName>, J Division. I was in the "Britannia" public house at 11 p.m. on June 22 talking to the proprietor, when I saw Robinson, who called for a glass of bitter, and tendered a florin. Tuckfield examined it, and said "This is a dud." He spoke to me, and pierced it three times. Robinson said, "If it is bad, it is no good to me. I don't want it," and paid 2d. for the beer. He then left with a regatta programme which I had noticed in his hand. I followed him. About 20 yards away he met Firmer. They spoke together some time, and then went to the corner of Graham Road. They spoke there a few minutes, and then went to the corner of Amherst Road, where they were joined by Brown, who handed something to Robin
<lb/>son, and left for a few minutes. When he came back they all entered the Hackney Railway Station. On their coming out they stood at the corner, and Robinson and Firmer went across to a dark yard. On their return Robinson left them, and went into the Railway Tavern, where he stayed a few minutes. On coming out he nodded to Brown and Firmer who joined him. I then went into the Railway Tavern where the proprietor, to whom I spoke, searched the till and found and produced to me one counterfeit florin. I hurried out and with assistance the three prisoners were arrested in Graham Road. I took Brown, and told him I should arrest him for being concerned in utter
<xptr type="pageFacsimile" doc="191007180017"/>
<p>counterfeit coin, to which he said nothing. At the station I found on him in good money one florin, 15 shillings and 13 sixpences. He had no regatta programme. On Brown I found in good money 8s. 6d. in silver and 6s. in copper, and nine counterfeit florins, five of which were wrapped in small pieces of tissue paper. Six were dated 1903, two 1909, and one 1907. One of them was pierced in three places. I also found two packets of toffee and a bottle of Cascara tablets unopened. On Firmer I found in good money one florin and nine shillings, and one counterfeit florin dated 1903, a regatta pro
<lb/>gramme similar to the one I had seen in the possession of Robinson, and a letter addressed to Robinson. When charged they made no reply.</p>
<p>Cross-examined by Mr. McDonald. The longest time I lost sight of Robinson was when he went into the Railway Tavern. He would not give me any account of himself, although he gave his correct address. I know nothing against him. Nothing suspicious was found on his premises. Brown has a good character; he had been working up to a month ago for five months at the Railway Hotel, Wembley, as a barman. Previous to that he was working at the "Earl of Dur
<lb/>ham," Havelock Street, Pentonville. He bore a good character at both places. Both were sober when arrested.</p>
<p>To Firmer. You gave me your correct address. You told me you went racing for a living. I found two Ascot racing cards on your mantelpiece. I found nothing suspicious at your premises.</p>
<persName id="t19100718-name-95" type="witnessName">
<interp inst="t19100718-name-95" type="gender" value="male"/>
<interp inst="t19100718-name-95" type="surname" value="HAYES"/>
<interp inst="t19100718-name-95" type="given" value="HORACE"/>
<hi rend="smallCaps">HORACE HAYES</hi> </persName>, 348 J. At 11.30 p.m. on June 22 I was in Mare Street, Hackney, when, in consequence of a com
<lb/>munication Sergeant Taylor made to me, I went to Graham Road. where I saw the prisoners walking together. As I approached them Firmer walked towards me. I arrested him and took him to the station. On the way he said, "What's this for?" I said, "You will be informed later."</p>
<p>To Firmer. Sergeant Taylor did not arrest Brown before I arrested you. You did not say when you approached me, "What's all this about?"</p>
<persName id="t19100718-name-96" type="witnessName">
<interp inst="t19100718-name-96" type="gender" value="male"/>
<interp inst="t19100718-name-96" type="surname" value="GREEN"/>
<interp inst="t19100718-name-96" type="given" value="FREDERICK"/>
<hi rend="smallCaps">FREDERICK GREEN</hi> </persName>, 243 J. At 11.30 p.m. on June 22 I went to Graham Road, where I arrested Robinson. Firmer was the first one arrested. Robinson said, "What's all this for?" I said, "Wait till we get to the station and the sergeant will tell you."</p>
<hi rend="smallCaps">
<persName id="t19100718-name-97" type="witnessName">
<interp inst="t19100718-name-97" type="gender" value="male"/>
<interp inst="t19100718-name-97" type="surname" value="WEBSTER"/>
<interp inst="t19100718-name-97" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>, Inspector of Coins, EM. Mint. All the coins that have been produced are counterfeit. It is the common, practice of "smashers" to wrap counterfeit coins in tissue paper. The florins found at the "Britannia" came from the same mould as those found on Brown, which were dated 1909, as also are those found at the "Railway Tavern." The one found on Firmer, dated 1903, comes from the same mould as those of that date found on Brown.</p>
<p>Cross-examined by Mr. McDonald. These coins are about a third lighter than genuine coins. A layman would probably not be able to</p>
<xptr type="pageFacsimile" doc="191007180018"/>
<p>tell the difference between a good counterfeit coin and a genuine one. But there are plenty of people, such as barmen, who could tell the difference as quickly as I could. The graining is very different.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-98" type="witnessName">
<interp inst="t19100718-name-98" type="gender" value="male"/>
<interp inst="t19100718-name-98" type="surname" value="ROBINSON"/>
<interp inst="t19100718-name-98" type="given" value="EDWARD"/>EDWARD ROBINSON</persName> </hi> (prisoner, on oath). I go racing for a living. I have never been convicted before. When charged I described myself as a bookmaker's clerk. On this evening I went to the Lea Regatta, and met Brown by arrangement, and we met Firmer there. We all got on to a tram to come home, when Brown paid me 6s. that he owed me in three florin pieces. At the corner of Mare Street I went into the "Britannia," Brown and Firmer refusing to accompany me, had a drink, and changed one of the florins, which was returned to me. I told Brown, and he said he was sorry, and gave me a good one for it. We went to the station, where we found we had missed the train, so I went into the "Railway Tavern," Brown and Firmer again refusing Co accompany me, and had another drink. I cannot swear to what I changed there. On rejoining the other two we were all arrested.</p>
<p>Cross-examined. This is the first time I have told this story. When charged I was not invited to tell it, and when before the magistrate I understood that I should be sent for trial, and so I thought it was not necessary to explain. I deny that I went into the "Railway Tavern" twice. Sergeant Taylor's account of our movements is fairly accurate. I have known Firmer five or six years and Brown rather longer.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-99" type="witnessName">
<interp inst="t19100718-name-99" type="gender" value="male"/>
<interp inst="t19100718-name-99" type="surname" value="BROWN"/>
<interp inst="t19100718-name-99" type="given" value="ALEC"/>ALEC BROWN</persName> </hi> (prisoner, on oath). When arrested I gave my correct address and my previous employers. Robinson's account of how I came to meet him at the Lea Regatta is correct. The only way I can account for possessing this counterfeit coin is that I had several side bets there on the different races, and it may have been given to me in my winnings. I got the 6s. worth of coppers in gambling at cards and "under and over," which is a dice game. There was a bit of a fight round the bookmaker, and being afraid that I should not get paid I "grabbed" whatever he gave me—the coins were in a piece of newspaper. I did not count them because it was sufficient for me that they were more than the amount of my bet. I had several bets with, this same man, and the winnings came to 18s., some of which he handed me in paper. I did not know they were in paper until I was at the police station. I owed Robinson 6s., and I gave him three of the florins. (He here corroborated Robinson's account of their move
<p>Cross-examined. I cannot account for the counterfeit florin in Fir
<lb/>mer's possession. I daresay some good money was in the trousers pocket into which I put the counterfeit money. I bought the toffee found on me for my children.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-100" type="witnessName">
<interp inst="t19100718-name-100" type="gender" value="male"/>
<interp inst="t19100718-name-100" type="surname" value="FIRMER"/>
<interp inst="t19100718-name-100" type="given" value="JOHN"/>JOHN FIRMER</persName> </hi> (prisoner, on oath.) I had an appointment on the morning of this day with Robinson, and I met him, and then I made an appointment to see him at the Lea Regatta that evening, and went off to the Newbury Races, where he would not come with me. I</p>
<xptr type="pageFacsimile" doc="191007180019"/>
<p>arrived at Paddington from Newbury at 6.20 p.m., and went and had drinks with friends. I tendered a sovereign in payment and received 18s. 6d. change. From there I went to Liverpool Street, where, at a Swiss cafe, I had some food, and tendered half a sovereign, and re
<lb/>ceived the change. From there I went to the "Jolly Anglers," at Lea Bridge, where I met Robinson, who was in the company of Brown. We had sundry drinks, and then we took a tram to Mare Street, Hackney. (Here Firmer corroborated Robinson's account of what had happened from that time.) When brought up on remand the magistrate said, "You need not say anything if you don't want to, as I shall commit you for trial." To prove that I go racing for a living Sergeant Taylor found two race cards at my address.</p>
<p>Cross-examined. I knew Brown before this. We were at the regatta about an hour together. I saw nothing of the gambling with pennies. I did not do any myself; I had had enough at Newbury. Brown did not give me any money. I cannot explain the counterfeit florin being found on me of the same date as some of those that were found on him. There are thousands of counterfeit florins about. I may have got it at the "Load of Hay," where I had the drinks with friends or at the Swiss cafe.</p>
<rs id="t19100718-20-verdict-1" type="verdictDescription">
<interp inst="t19100718-20-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-20-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>(Wednesday, July 20.)</p>
<p>Sentences: Firmer (against-whom two previous convictions were proved),
<rs id="t19100718-20-punishment-21" type="punishmentDescription">
<interp inst="t19100718-20-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-20-punishment-21" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-20-19100718 t19100718-20-punishment-21"/>Five months' hard labour</rs>; Robinson and Brown,
<rs id="t19100718-20-punishment-22" type="punishmentDescription">
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<interp inst="t19100718-20-punishment-22" type="punishmentSubcategory" value="hardLabour"/>
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<join result="defendantPunishment" targOrder="Y" targets="def2-20-19100718 t19100718-20-punishment-22"/>each Three months' hard labour.</rs> </p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE RENTOUL</hi>.</p>
<p>(Tuesday, July 19.)</p> </div1>
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<hi rend="largeCaps">KELLNER</hi>, Wilhelm (22, photographer)</persName>,
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<interp inst="t19100718-21-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-21-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
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<interp inst="t19100718-21-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t19100718-21-offence-1" type="offenceSubcategory" value="other"/>of mali
<lb/>ciously damaging certain photographic chemicals by mixing them up and destroying the labels, the goods of the
<persName id="t19100718-name-102" type="victimName">
<interp inst="t19100718-name-102" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-21-offence-1 t19100718-name-102"/>British Metal Engraving Company, Limited</persName>, to an amount exceeding £5, to wit, £30.</rs> </p>
<p>Prisoner was
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<join result="defendantPunishment" targOrder="Y" targets="def1-21-19100718 t19100718-21-punishment-23"/>released on his own and another's recognisances in £10 to come up for judgment if called upon.</rs> </p> </div1>
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<hi rend="largeCaps">FREEMAN</hi>, William George (50, sailor)</persName>,
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<interp inst="t19100718-22-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
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<interp inst="t19100718-22-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19100718-22-offence-1" type="offenceSubcategory" value="theftFromPlace"/>of break
<lb/>ing and entering the shop of
<persName id="t19100718-name-104" type="victimName">
<interp inst="t19100718-name-104" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-22-offence-1 t19100718-name-104"/>N. Thierry, Limited</persName>, and stealing therein one pair of boots, their goods;</rs>
<rs id="t19100718-22-offence-2" type="offenceDescription">
<interp inst="t19100718-22-offence-2" type="offenceCategory" value="damage"/>
<interp inst="t19100718-22-offence-2" type="offenceSubcategory" value="other"/>maliciously damaging by night a plate-glass window, the property of
<persName id="t19100718-name-105" type="victimName">
<interp inst="t19100718-name-105" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-22-offence-2 t19100718-name-105"/>N. Thierry, Limited</persName>, to the amount of £15.</rs> </p>
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<interp inst="t19100718-22-punishment-24" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-22-19100718 t19100718-22-punishment-24"/>Three months' hard labour</rs>.</p> </div1>
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<interp inst="def1-23-19100718" type="gender" value="male"/>
<interp inst="def1-23-19100718" type="age" value="49"/>
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<interp inst="def1-23-19100718" type="given" value="WALTER"/>
<interp inst="def1-23-19100718" type="occupation" value="dealer"/>
<hi rend="largeCaps">BOWDEN</hi>, Walter (49, dealer)</persName>,
<rs id="t19100718-23-verdict-1" type="verdictDescription">
<interp inst="t19100718-23-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-23-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19100718-23-offence-1" type="offenceDescription">
<interp inst="t19100718-23-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19100718-23-offence-1" type="offenceSubcategory" value="pocketpicking"/>of stealing a purse and a £5 Bank of England note, the goods and moneys of
<persName id="t19100718-name-107" type="victimName">
<interp inst="t19100718-name-107" type="gender" value="male"/>
<interp inst="t19100718-name-107" type="surname" value="ROCHE"/>
<interp inst="t19100718-name-107" type="given" value="MICHAEL JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-23-offence-1 t19100718-name-107"/>Michael Joseph Roche</persName>, from his person.</rs> </p>
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<rs id="t19100718-23-punishment-25" type="punishmentDescription">
<interp inst="t19100718-23-punishment-25" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-23-19100718 t19100718-23-punishment-25"/>Six months' hard labour</rs>. A further indictment for assault with intent to resist lawful apprehension was ordered to remain on the file.</p> </div1>
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<interp inst="t19100718-24" type="uri" value="sessionsPapers/19100718"/>
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<hi rend="largeCaps">GRAY</hi> (Charles (48, labourer)</persName>
<rs id="t19100718-24-offence-1" type="offenceDescription">
<interp inst="t19100718-24-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19100718-24-offence-1" type="offenceSubcategory" value="rape"/>, carnally knowing
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<interp inst="t19100718-name-109" type="gender" value="female"/>
<interp inst="t19100718-name-109" type="surname" value="MUCKLER"/>
<interp inst="t19100718-name-109" type="given" value="ADA"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-24-offence-1 t19100718-name-109"/>Ada Muckler</persName>, a girl above the age of 13 and under the age of 16.</rs> </p>
<rs id="t19100718-24-verdict-1" type="verdictDescription">
<interp inst="t19100718-24-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-24-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty.</rs> </p>
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<interp inst="t19100718-24-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-24-punishment-26" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-24-19100718 t19100718-24-punishment-26"/>Six months' hard labour</rs>.</p> </div1>
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<interp inst="def1-25-19100718" type="age" value="48"/>
<interp inst="def1-25-19100718" type="surname" value="CRONIN"/>
<interp inst="def1-25-19100718" type="given" value="ALFRED"/>
<interp inst="def1-25-19100718" type="occupation" value="flower-seller"/>
<hi rend="largeCaps">CRONIN</hi>, Alfred (48, flower-seller)</persName>, and
<persName id="def2-25-19100718" type="defendantName">
<interp inst="def2-25-19100718" type="gender" value="male"/>
<interp inst="def2-25-19100718" type="surname" value="WOOLCOCK"/>
<interp inst="def2-25-19100718" type="given" value="ARTHUR"/>
<hi rend="largeCaps">WOOLCOCK</hi>. Arthur</persName>
<rs id="t19100718-25-offence-1" type="offenceDescription">
<interp inst="t19100718-25-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19100718-25-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, breaking and entering
<placeName id="t19100718-geo-1">
<join result="offencePlace" targOrder="Y" targets="t19100718-25-offence-1 t19100718-geo-1"/>St. Gabriel's Church Wood Green</placeName>, and stealing therein a bag a chalice cover, and other articles, the goods of
<persName id="t19100718-name-112" type="victimName">
<interp inst="t19100718-name-112" type="gender" value="male"/>
<interp inst="t19100718-name-112" type="surname" value="GARDENER"/>
<interp inst="t19100718-name-112" type="given" value="ALEXANDER LEOPOLD"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-25-offence-1 t19100718-name-112"/>Alexander Leopold Gardener</persName> and others.</rs> </p>
<rs id="t19100718-25-verdict-1" type="verdictDescription">
<interp inst="t19100718-25-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-25-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty.</rs> </p>
<p>Mr. Aubrey Davies prosecuted.</p>
<persName id="t19100718-name-113" type="witnessName">
<interp inst="t19100718-name-113" type="gender" value="male"/>
<interp inst="t19100718-name-113" type="surname" value="SHEATH"/>
<interp inst="t19100718-name-113" type="given" value="ALFRED"/>
<hi rend="smallCaps">ALFRED SHEATH</hi> </persName>, 351 N. On the evening of July 4 I was on duty near Green Lanes. In consequence of some informa
<lb/>tion I saw Mr. Colwell, who accompanied me to the "Salisbury Hotel," where I saw Cronin and Woolcock. I said to prisoners, "Where did you get that portmanteau from that you sold to Mr. Colwell. Wool
<lb/>cock replied, "I bought it." He then dropped a parcel on the floor in the "Salisbury" which I picked up, and told them they would have to come with me to the shop. With the assistance of Police-constable 688 N I took them to 3, Queen's Parade, Green Lanes, where we were shown the property, that was seized. I then said to prisoners, "Where did you get them?" Woolcock replied, "I bought them." I then took them to the station. On the way there Woolcock said, "I may as well tell you the truth; we broke into St. Gabriel's. I searched Cronin at the station, and found on him the chalice cup, 4s. 10d. in money, a silver wine jug, two towels, and a pawnticket. He said then, "My mate (meaning Woolcock) bought them off a rag and bone man outside the "Wellington" public house.</p>
<p>Cross-examined by Cronin. I did not call Woolcock outside the "Salisbury" away from you. You, Woolcock, and a woman where standing at the bar drinking. I did not say, "You may as well come to the station," and you did not say, "Certainly."</p>
<hi rend="smallCaps">
<persName id="t19100718-name-114" type="witnessName">
<interp inst="t19100718-name-114" type="gender" value="male"/>
<interp inst="t19100718-name-114" type="surname" value="COLWELL"/>
<interp inst="t19100718-name-114" type="given" value="GEORGE"/>GEORGE COLWELL</persName> </hi>, curiosity dealer, 3, Queen's Parade, Harringay. I remember the afternoon of July 4. Woolcock offered me certain stuff to purchase of him, or I had suggested that I should purchase certain stuff of him that I had seen. He went out to fetch Cronin, and in he came. Cronin asked me if the stuff was really all right there. I said, "Oh, yes, it is all right here; what do you want for it?" He asked what I would give him. I said I would give him 10s. for it. He hummed and had, and said there was a lot of valu
<lb/>able stuff there and worth considerably more. I did not argue the point. I said that was all I should give him." I put my hand in my have them if you give me 2s. 6d. for a drink." I put my hand in my pocket with the object of getting the 2s. 6d. and found I had only 9d. I handed it to him and said, "That is plenty of money for a drink." I think he said, "Good day, mum's the word; we shall know where to come another time."</p>
<xptr type="pageFacsimile" doc="191007180021"/>
<p>To Cronin. I came to the "Salisbury" before the constable. He beckoned you both outside. Woolcock came out first. The constable stood across the door and I stood behind the constable.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-115" type="witnessName">
<interp inst="t19100718-name-115" type="gender" value="female"/>
<interp inst="t19100718-name-115" type="surname" value="THYER"/>
<interp inst="t19100718-name-115" type="given" value="MARGARET ANNIE"/>MARGARET ANNIE THYER</persName> </hi>, 13, Stanley Road, Bowes Park. I was doing duty for my mother, cleaning the church, on July 4. I left at a quarter past 12, locking the doors and trying them afterwards.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-116" type="witnessName">
<interp inst="t19100718-name-116" type="gender" value="female"/>
<interp inst="t19100718-name-116" type="surname" value="TURNER"/>
<interp inst="t19100718-name-116" type="given" value="SUSAN"/>SUSAN TURNER</persName> </hi>, 32, Stanley Road, Bowes Park. On July 4, about 5.45 p.m., I was facing St. Gabriel's Church. I saw two men there One of them was Cronin. I had never seen him before. On July 8 I went to Wood Green Petty Sessional Court and picked him out from a number of men.</p>
<p>To Cronin. I touched another man on the shoulder and said to the inspector, "This man resembles one of the men, the thin man." I picked you out and said, "This is one I am sure of."</p>
<hi rend="smallCaps">ALFRED ERNEST SNOW</hi> identified the stolen articles.</p>
<p>At Cronin's request his statement made at the police court was read: "I am innocent of the charge against me. I know nothing what-ever about it, as God is my Judge. I only know Woolcock by me selling flowers in the streets. I was standing outside the "Jolly Butchers" public house, Wood Green. Two young men from the tramyard and prisoner Woolcock came up with a brown bag. Woolcock stopped when he saw me and asked me to have a drink. As we were both walking along Woolcock said, 'Put these things in your bag till I come out of this second-hand shop, and don't touch them till we have had a drink.' When Woolcock came out of the shop he said, 'Now we can have a drink.' We crossed over the road and met a young woman. The three of us went to the 'Salisbury' public house and called for three drinks. Woolcock put 5s. in my hand and asked me if I was satisfied. Just walking up the road with him I thanked him very much for what he had done. Woolcock said, 'Let's have three more drinks, Cronin, then you can give me those things out of your pocket," which was done up in small packets. Woolcock called for three more drinks. Before he could be served with the second drink a policeman called Woolcock outside and left me and the female. I said, 'Let us go and see what is the matter.' I asked the policeman if he would want me; he said, 'You might as well come,' and therefore I turned out my pockets of the things Woolcock gave me to mind for him. I said to Woolcock while we were having the first drink, 'What are those things you gave me to mind for you?' Woolcock said, 'Don't trouble to undo them yet awhile, leave them to later on. I don't want the trouble of undoing them.' Woolcock began telling me about the parcel, that he could not get any more off Mr. Colwell."</p>
<hi rend="smallCaps">
<persName id="t19100718-name-117" type="witnessName">
<interp inst="t19100718-name-117" type="gender" value="male"/>
<interp inst="t19100718-name-117" type="surname" value="WOOLCOCK"/>
<interp inst="t19100718-name-117" type="given" value="ARTHUR"/>ARTHUR WOOLCOCK</persName> </hi> (prisoner, on oath). I met Cronin at the bottom of Green Lanes. I asked him to help me to carry the stuff. I only know him by selling flowers. I have pleaded guilty to this</p>
<xptr type="pageFacsimile" doc="191007180022"/>
<p>charge. I went to the dealer's shop first. Cronin came in afterwards. Cronin said, "Mum's the word," but nothing more. I do not think he meant anything by it. I take the whole responsibility. I done it myself. He helped me to carry the stuff. He is innocent other
<p>Verdict (Cronin),
<rs id="t19100718-25-verdict-2" type="verdictDescription">
<interp inst="t19100718-25-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-25-verdict-2" type="verdictSubcategory" value="no_subcategory"/>Guilty.</rs> </p>
<p>Sentence (Cronin) against whom previous convictions were proved,
<rs id="t19100718-25-punishment-27" type="punishmentDescription">
<interp inst="t19100718-25-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-25-punishment-27" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-25-19100718 t19100718-25-punishment-27"/>Six months' hard labour.</rs> </p>
<p>Woolcock was
<rs id="t19100718-25-punishment-28" type="punishmentDescription">
<interp inst="t19100718-25-punishment-28" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19100718-25-punishment-28" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-25-19100718 t19100718-25-punishment-28"/>released on his own recognisances in £5 to come up for judgment if called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t19100718-26">
<interp inst="t19100718-26" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-26" type="date" value="19100718"/>
<join result="criminalCharge" id="t19100718-26-charge-1" targOrder="Y" targets="def1-26-19100718 t19100718-26-offence-1 t19100718-26-verdict-1"/>
<persName id="def1-26-19100718" type="defendantName">
<interp inst="def1-26-19100718" type="gender" value="male"/>
<interp inst="def1-26-19100718" type="age" value="21"/>
<interp inst="def1-26-19100718" type="surname" value="KUSSEROW"/>
<interp inst="def1-26-19100718" type="given" value="EMIL"/>
<interp inst="def1-26-19100718" type="occupation" value="waiter"/>
<hi rend="largeCaps">KUSSEROW</hi>, Emil (21, waiter)</persName>
<rs id="t19100718-26-offence-1" type="offenceDescription">
<interp inst="t19100718-26-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19100718-26-offence-1" type="offenceSubcategory" value="wounding"/>, feloniously shooting at
<persName id="t19100718-name-119" type="victimName">
<interp inst="t19100718-name-119" type="gender" value="female"/>
<interp inst="t19100718-name-119" type="surname" value="LATIMER"/>
<interp inst="t19100718-name-119" type="given" value="ALICE"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-26-offence-1 t19100718-name-119"/>Alice Latimer</persName> with intent to murder her.</rs> </p>
<p>The evidence was not reportable.</p>
<rs id="t19100718-26-verdict-1" type="verdictDescription">
<interp inst="t19100718-26-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19100718-26-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">MR. JUSTICE RIDLEY</hi>.</p>
<p>(Wednesday, July 20.)</p> </div1>
<div1 type="trialAccount" id="t19100718-27">
<interp inst="t19100718-27" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-27" type="date" value="19100718"/>
<join result="criminalCharge" id="t19100718-27-charge-1" targOrder="Y" targets="def1-27-19100718 t19100718-27-offence-1 t19100718-27-verdict-1"/>
<persName id="def1-27-19100718" type="defendantName">
<interp inst="def1-27-19100718" type="gender" value="male"/>
<interp inst="def1-27-19100718" type="age" value="22"/>
<interp inst="def1-27-19100718" type="surname" value="BALL"/>
<interp inst="def1-27-19100718" type="given" value="HARRY WILLIAM"/>
<interp inst="def1-27-19100718" type="occupation" value="barman"/>
<hi rend="largeCaps">BALL</hi>, Harry William (22, barman)</persName>, was indicted
<rs id="t19100718-27-offence-1" type="offenceDescription">
<interp inst="t19100718-27-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19100718-27-offence-1" type="offenceSubcategory" value="murder"/>for and charged on coroner's inquisition with the wilful murder of
<persName id="t19100718-name-121" type="victimName">
<interp inst="t19100718-name-121" type="gender" value="male"/>
<interp inst="t19100718-name-121" type="surname" value="ARMAND"/>
<interp inst="t19100718-name-121" type="given" value="CLEMENT GUSTAVE"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-27-offence-1 t19100718-name-121"/>Clement Gustave Armand</persName>.</rs> </p>
<p>Mr. Bodkin and Mr. Travers Humphreys prosecuted; Mr. St. John McDonald and Mr. Horace Samuel defended.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-122" type="witnessName">
<interp inst="t19100718-name-122" type="gender" value="male"/>
<interp inst="t19100718-name-122" type="surname" value="KEEN"/>
<interp inst="t19100718-name-122" type="given" value="CHARLES"/>CHARLES KEEN</persName> </hi>, horse-keeper, 155, Buckingham Road, Harlesden I know prisoner as one of the barmen of the "Crown Hotel." Just after 8 p.m. on June 21 I heard him talking to another barman, Lewis, about shooting with revolvers. Prisoner said to me, "I have a re
<lb/>volver that will carry 30 yards." I said, "I have one and I cannot shoot 15 yards with it." Lewis asked me if I would sell it to him, and prisoner said, "Don't sell it to him. Sell it to me. I have one and I also have a license." I went home and fetched this revolver (Ex
<lb/>hibit 5 and this pouch, containing cartridges to fit it. Prisoner bought it for 12s. 6d. with the cartridges. Lewis asked me why I wanted to sell it to prisoner and not to him, and I said because I had known prisoner longer. I had had it 10 or 12 years, and it was out of order; after having fired one shot you had to move the trigger forward before you could fire another.</p>
<p>Cross-examined. I think it was the previous evening to this that I went in with a coachman named George and asked prisoner for a piece of cheese to bait a rat-trap with. I told him I had seen a large rat in the stable. He did not say, "You ought to buy my revolver and shoot it."</p>
<hi rend="smallCaps">
<persName id="t19100718-name-123" type="witnessName">
<interp inst="t19100718-name-123" type="gender" value="male"/>
<interp inst="t19100718-name-123" type="surname" value="GATES"/>
<interp inst="t19100718-name-123" type="given" value="RICHARD"/>RICHARD GATES</persName> </hi>, potman, "Crown Hotel," Harlesden. I have been at this hotel four months. Three months ago prisoner showed me this bright revolver (Exhibit 2).</p>
<hi rend="smallCaps">
<persName id="t19100718-name-124" type="witnessName">
<interp inst="t19100718-name-124" type="gender" value="male"/>
<interp inst="t19100718-name-124" type="surname" value="LEWIS"/>
<interp inst="t19100718-name-124" type="given" value="HARVEY JOHN"/>HARVEY JOHN LEWIS</persName> </hi>, barman, "Crown Hotel." I have been there three months. About three weeks after I went there prisoner showed</p>
<xptr type="pageFacsimile" doc="191007180023"/>
<p>me in the bedroom this revolver (Exhibit 2) in the box. He, Gibbons, and I sleep in the same room. On the night of June 21 I was serving in the bar when I heard a conversation between prisoner and Keen about revolvers. Keen went away and came back with a revolver, which he handed to prisoner. I asked Keen how much he wanted for it, and he said 15s. I said I could not afford that. Prisoner kept it. The house closes at 11 p.m. About 11.45 p.m. the same night Gibbons, prisoner, and myself were in the bedroom when prisoner took this revolver (Exhibit 5) from his locker and asked me what I thought of it, and asked if I could find the "patent" of it to fire it. I took it in my hand and I fired it, and he said, "You've got it, John." I had just pulled the trigger forward. I said, "It's a clumsy thing, it would go through half a brick wall." I also saw some cartridges in this leather bag. I said, "Will you take 5s. for it," and he said, "You won't have it for three five shillings." He then sat on the bed and took six cartridges from the bag and put them in the revolver. I told him to take them out for fear of an accident. He said, "I think I shall," and he did so. Between 11 and 12 p.m. on June 23 I and Gibbons were in bed when prisoner again took this revolver (Exhibit 5) out of the drawer, pulled back the clothes and said, "Look out, John, I will shoot you." I told him to put it away and I would see the guv'nor if he did not do so. He pointed at me, fired, and it went off with a click. Seeing it was not loaded I was satisfied. He said, "John thought I was going to shoot him. He put it away and then went to bed. On the morning of the 24th, so far as I know, the only thing he had to drink in the bar was a drop of rum; this was just before breakfast. The barmen are allowed to take drinks to the dining-room. At 3 p.m. he said to me, "John, I'm going to kick up a disturbance to-night. I don't care for no one." I did not ask whom it was with or what it was for. I took it that he was joking. He went to "rest" between 3.45 p.m. and 5.50, his usual time. I cannot say what he did during that time. Later that evening I was serving in the public bar when he was serving in the Retreat bar, when a little before 11 p.m. he walked round to me and said, "John, I'm going to bed." I saw him go through the dining-room door that would lead up to the bed-room. He returned about three minutes afterwards, still in his shirt sleeves. It was just past closing time, and Armand, who was checking the tills, said to pri
<lb/>soner, "You have had a drink. You had better go to bed." Pri
<lb/>soner said, "You've made a mistake," and Armand said, "I don't make mistakes." They were facing each other, prisoner standing beside the beer engines facing the street and Armand about 3 ft. away from him with his back to the dining-room door. I was about 3 yd. away. Armand caught hold of prisoner, who pulled this revolver (Exhibit 5) out of his right hand trousers' pocket and fired it straight at him, and he fell to the ground. Mrs. Armand then came in through the dining-room, and said to him—he still had the revolver in his right hand—"What have you done, Harry?" and he said, "Is there anyone else who would like one?" I jumped over the counter and got under the table in the tap-room, where I remained until the police</p>
<xptr type="pageFacsimile" doc="191007180024"/>
<p>came: I was frightened. I did not notice Holloway in the bar at any time.</p>
<p>Cross-examined. Prisoner was very popular amongst us. He had no grievance against Armand, who treated us all very well. Mr. and Mrs. Armand both liked him. I did not notice whether Keen on the 21st asked prisoner for a piece of cheese. I saw prisoner have another drink in the evening. When Armand spoke to him he was sober; he was not drunk—he had had a drink. I said at the police court that Armand said, "You have been drinking"—that is true. I think it was Miss Richardson, the barmaid, who had supper with him on this night; I did not. I did not have any drink with him on that day except one gin in the evening. That was the drink I was referring to when I said at the police court "He had a drop of rum and milk in the morning and one in the evening." He did not have a half quartern of gin; it was only the usual amount. I said at the inquest, "I heard the click before the revolver went off. I was in such a 'mortal funk' after the shot was fired that I saw nothing." It was after the shot was fired that I got over the counter.</p>
<persName id="t19100718-name-125" type="witnessName">
<interp inst="t19100718-name-125" type="gender" value="male"/>
<interp inst="t19100718-name-125" type="surname" value="GIBBONS"/>
<interp inst="t19100718-name-125" type="given" value="BERTIE"/>
<hi rend="smallCaps">BERTIE GIBBONS</hi> </persName>, barman, "Crown Hotel." I have been there about four months. I slept in the same room as Lewis and prisoner. On the night of the 24th I saw prisoner point this revolver (Exhibit 5) at Lewis and pull the trigger. I was with prisoner in the bar on the night of the 24th from about 8 p.m. till just before closing time, when he went towards the stairs which would lead to his bedroom. After two or three minutes he returned. It was now closing time and Armand was doing the tills. Holloway was in the bar as well. Armand said to prisoner, "You had better go to bed, Harry. You've been drinking." Prisoner said, "I'm not going to bed," and Armand went on attending to the tills. A few minutes afterwards Armand said to him, "I thought I told you to go to bed," and prisoner said, "I'm not going to bed." I think Holloway said, "Why don't you go up to bed, Harry?" and prisoner said, "What is it to do with you?" They were standing by the beer engines, and prisoner went towards the saloon bar. I did not hear Holloway say anything. He got over the counter and opened the bottle and jug department door. He said to prisoner, "You had better take that revolver out of your pocket." Armand caught hold of him and said, "Have you a re
<lb/>volver on you?" Prisoner broke away, went three feet from him, took the revolver out of his right-hand trousers' pocket, pointed it straight at Armand's face, and fired. Armand fell down. Mrs. Armand then came in and said to him, "What have you done, Harry?' You are not going to shoot me, are you?" I did not hear him say anything to that.</p>
<p>Cross-examined. I did not have any drinks with prisoner that day, and I never saw him have any drink at all. I cannot say whether Armand had any ground for saying he had been drinking. Armand treated us all very well. I said I did not hear Holloway say anything to prisoner because I thought I was being asked about what he had said before he jumped over the counter.</p>
<xptr type="pageFacsimile" doc="191007180025"/>
<hi rend="smallCaps">
<persName id="t19100718-name-126" type="witnessName">
<interp inst="t19100718-name-126" type="gender" value="male"/>
<interp inst="t19100718-name-126" type="surname" value="HOLLOWAY"/>
<interp inst="t19100718-name-126" type="given" value="ROBERT EDWARD"/>ROBERT EDWARD HOLLOWAY</persName> </hi>. At this time I was head barman; I had been there six months. On June 20 I had occasion to speak to prisoner about serving customers who I thought were the worse for drink. Previous to this I had been on good terms with him, but from that day he did not speak to me again until the night of the 24th, when at 11 p.m. he came down to me when I was in the cellar, said he was going to bed, and wished me "Good night." I said, "Good night," and he went upstairs. Soon after I followed him, and saw him, Lewis, and Gibbons, and Armand, who was making up the tills, in the bar. Prisoner was standing near the saloon bar against the engines. Armand said something to him about going to bed. I was standing by prisoner, and I said to him, "Why don't you go off to bed. I will see to this stuff here." He said, "Sha'n't." I said it again. He said, "What's that to do with you?" He then walked up to the retreat bar, about eight yards away. I turned round and saw he had a revolver in his hand; I did not see exactly what he was doing with it; he was half turned away from me. His hands were moving. I went to Armand and said, "Look out, sir, Harry has got a revolver." I said this to Armand twice, but he would not take my warning. I got over the counter to fetch a policeman. Prisoner was facing Armand with his back towards me. I did not notice him do anything with his hands. I heard a report, and I went to fetch the police.</p>
<p>Cross-examined. As far as I know prisoner was popular, and Mr. and Mrs. Armand liked him. I cannot say whether Armand had any ground for saying he had been drinking. I cannot remember his making mistakes in matters of that kind; he was a careful man. Pris
<lb/>oner said "Good night" to me in a friendly kind of way. I cannot say whether he returned direct to the bar. The quarrel was sup
<lb/>posed to have started between Armand and prisoner before I came up. He did not tell prisoner to go to bed in a threatening manner. I had not seen prisoner drinking that day. The barmen are allowed four drinks a day at meal times; they are not allowed to drink in the bar, but it is possible for them to do so. (To the Court.) When I saw prisoner at the other end of the bar I saw he had a revolver in his hand. When I got over the counter I shouted to him, "Take that revolver out of your pocket." He was standing against the beer en
<lb/>gines then. I could not see the revolver then; I suppose he had put it back into his pocket.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-127" type="witnessName">
<interp inst="t19100718-name-127" type="gender" value="female"/>
<interp inst="t19100718-name-127" type="surname" value="ARMAND"/>
<interp inst="t19100718-name-127" type="given" value="ALICE EMILY"/>ALICE EMILY ARMAND</persName> </hi>. Deceased, who was my husband, had been manager of the "Crown" for about nine years, and I lived there with him. Prisoner, with whom I got on very well, had been employed there about eleven months. On the night of June 24, between 6 and 11 p.m., I was in and out of the bar. He was serving there. After the house had been closed I assisted my husband to do up the tills. I did not take particular notice of prisoner. My husband spoke to me and then I heard him tell prisoner to go to bed. Prisoner said, "Why? Do you think I am the worse for drink?" My husband said, "Well, I think you have had a little. If you go to bed I will talk to you in the morning." Prisoner then went upstairs and we thought he had gone to bed. He had had just time enough to go up-stairs</p>
<xptr type="pageFacsimile" doc="191007180026"/>
<p>and back again when he returned, and my husband said to him, "I thought I told you to go to bed." Prisoner said, "Yes, but I'm not going." I thought he looked very cross about something. I left the bar and was going towards the kitchen when I heard a revolver go off. I returned to find my husband on the floor with prisoner standing a yard away from him in the same position as when I had let him. He had a revolver in his hand, and I said, "Harry, what have you done? You have killed my husband!" He said, "Yes, but he is all right. Would anyone else like one?" He looked all round and then looked at me. I said, "Harry, you are not going to shoot me? Think of my children." He said, "All right, mam, I will not hurt you." I asked him to give me the revolver, but he said he would not do that, but that he would unload it. He was doing so when the police came.</p>
<p>Cross-examined. Prisoner did his work in the usual way; he did his duty. We always thought he was a good boy. I expect I said at the police court that I thought the world of him. My husband on this night remarked to me he thought prisoner had had a drop to drink, and I said I did not think he was the worse for drink. I cannot say whether my husband is a better judge than I of that kind of thing.</p>
<p>Re-examined. I thought he looked cross when my husband spoke to me about him. I should have noticed it if he had been the worse for drink. When my husband told him to go to bed he looked very cross and he looked very white and went upstairs. When he came down again he looked just the same. He stood with his hands behind him (To the Court.) I cannot say that he went upstairs, he went through the door to go there.</p>
<persName id="t19100718-name-128" type="witnessName">
<interp inst="t19100718-name-128" type="gender" value="male"/>
<interp inst="t19100718-name-128" type="surname" value="HOCKLEY"/>
<interp inst="t19100718-name-128" type="given" value="JOSEPH"/>
<hi rend="smallCaps">JOSEPH HOCKLEY</hi> </persName>, 113 X. On the night of June 24 I was, on duty near the "Crown" when I heard a report like a pistol shot. I went towards there and met Holloway. On going into the bar I saw prisoner standing behind the counter with a revolver in his hand. He began to unload it and after having done so he put it with four cartridges on the counter. He said, "I have shot the guv'nor. He accused me of being drunk. The head barman was the cause of it all." I got over the counter and seized him. I saw Armand lying on the floor, and the doctor was sent for. While wait
<lb/>ing prisoner said to me, "I have another revolver upstairs and a lot of cartridges. If you come up with me I will give them to you. These are the keys of my box," and he gave me a bunch of keys. At the station I took possession of the revolver. I afterwards found a spent cartridge near where prisoner had stood.</p>
<persName id="t19100718-name-129" type="witnessName">
<interp inst="t19100718-name-129" type="gender" value="male"/>
<interp inst="t19100718-name-129" type="surname" value="SYMTHE"/>
<interp inst="t19100718-name-129" type="given" value="ALEXANDER CARSON"/>
<hi rend="smallCaps">ALEXANDER CARSON SYMTHE</hi> </persName>, Divisional Surgeon of Police. At 11.45 p.m. on June 24 I went to the "Crown," where I found Armand suffering from a wound in his head, which had fractured a portion of his skull. The bullet had entered the front of the ear and, passing through, had lacerated the brain. He died before 2 p.m. on the following day. On a post-mortem examination I found a passage right through the brain tissue and a small piece of bullet sticking in the entrance wound. Through the fact of there being no scorching</p>
<xptr type="pageFacsimile" doc="191007180027"/>
<p>of the hair. I think the bullet must have been fired from over 3 ft. away. About 1.15 a.m. the same morning I saw prisoner at the station. He seemed quite sensible and rational. He seemed to have had some drink, but I should certainly not say he was drunk.</p>
<p>Cross-examined. It is quite likely that immediately after a man had committed an act of this kind in a fit of homicidal mania for him to become quite cool.</p>
<p>Re-examined. I found no sign of any description to indicate that an hour and a half before I saw him he had had homicidal mania. No such suggestion has been made till this moment. The question was neither asked me at the Coroner's Court nor at the police court.</p>
<persName id="t19100718-name-130" type="witnessName">
<interp inst="t19100718-name-130" type="gender" value="male"/>
<interp inst="t19100718-name-130" type="surname" value="PIKE"/>
<interp inst="t19100718-name-130" type="given" value="FRANK"/>
<hi rend="smallCaps">FRANK PIKE</hi> </persName>, X Division. At 1.30 a.m. on June 25 I went to the "Crown," where I found upstairs in prisoner's box this revolver in his cigar box, and in a tin box this leather pouch contain
<lb/>ing about 30 cartridges. After Armand had died I went to the police station and said to prisoner, "I am a police officer; Mr. Armand is dead, and I am going to charge you with murdering him by shooting him last night with a revolver." He made no reply. When charged he never spoke.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-131" type="witnessName">
<interp inst="t19100718-name-131" type="gender" value="male"/>
<interp inst="t19100718-name-131" type="surname" value="SPENCER"/>
<interp inst="t19100718-name-131" type="given" value="BENJAMIN"/>BENJAMIN SPENCER</persName> </hi> proved a plan which he had prepared of the ground floor of the "Crown" public house.</p>
<p>Prisoner's statement before magistrate: "I plead not guilty. I reserve my defence."</p>
<hi rend="smallCaps">
<persName id="t19100718-name-132" type="witnessName">
<interp inst="t19100718-name-132" type="gender" value="male"/>
<interp inst="t19100718-name-132" type="surname" value="GATES"/>
<interp inst="t19100718-name-132" type="given" value="RICHARD"/>RICHARD GATES</persName> </hi> (recalled, further cross-examined.) Prisoner said to me on June 24 at 10 p.m. when he was in the bar, "To-night, when I go to bed, I am going to have my 'stringer' loaded underneath my pillow, and I am going to do for Bob" (meaning Holloway). I said, "You have no cause to row with Bob." He said, "Bob has not spoken to me for a week. I have had my own back. I have been to the cellar and shaken up a barrel of beer." I did not think he was speaking seriously.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-133" type="witnessName">
<interp inst="t19100718-name-133" type="gender" value="male"/>
<interp inst="t19100718-name-133" type="surname" value="BALL"/>
<interp inst="t19100718-name-133" type="given" value="CHARLES"/>CHARLES BALL</persName> </hi>. Prisoner is my son. At his birth it was a hard case, the doctor had to bring instruments. He is a full time child. It was reported to me that he had had a fall when he was 12 or 14. I know he has been strange since. I am a marine engineer and have been in the same employment for 27 years. Prisoner has repeatedly walked in his sleep. I caught him once in the cellar misbehaving him
<lb/>self. (The witness here became distressed and had to withdraw.)</p>
<hi rend="smallCaps">
<persName id="t19100718-name-134" type="witnessName">
<interp inst="t19100718-name-134" type="gender" value="male"/>
<interp inst="t19100718-name-134" type="surname" value="BALL"/>
<interp inst="t19100718-name-134" type="given" value="CHARLES JOSEPH"/>CHARLES JOSEPH BALL</persName> </hi>, engineer. Prisoner is my brother; I am aged 24; he is just over 22. Up till 1906 I lived with him at home. When he was at school at the age of 10 he fell 40 ft., and about the year following he fell 20 ft. On the second occasion he hurt his head and cut his thumb. Since these accidents I have noticed an enormous amount of change in his manner; he has been very strange indeed, and I have continually warned him. On one occasion in 1906 he walked in his sleep. He woke me up one night and said someone was after him. I got out, lit the gas, and he started fighting the wall. I expect it was a nightmare. On another occasion he woke me up trying to choke</p>
<xptr type="pageFacsimile" doc="191007180028"/>
<p>me. He is rather of a morose disposition and he has on three occa
<lb/>sions tried to burn the house down, the first time at a shop in Baleham Street, the second at Green gate Street, Plaistow, and the third at where my father and my stepmother were living, on which occasion he set some paper alight in the w.c, and sent an evil letter to our step-mother. About 1905 he got kicked below the belt. Once when he and I were walking in Barking Road he rushed from me, and went to throw himself in front of a tram. I brought him back and asked him what was the matter. He laughed at me, and said, "I would like to see what death is like." In 1906 he had a fit; he screamed, stared at me, and then went off in a fit. It did not last very long, and then he was almost himself again. On the night that he was discharged from "The Three Rabbits," he came to my house at 12 o'clock in a terrible state; he had got a knife on a belt round his waist, saying he had got it for father. He cooled down a bit after. He was sober. He had got no reason for threatening father. I have very often seen him mis
<lb/>behaving himself; I have oftened warned him off it.</p>
<p>Cross-examined. Sergeant Chandler came to see me, and asked me to give him some particulars about my brother, and I gave him some, but I was not on oath then, which made a difference—I am on my oath now. I was not lying to him. I was flurried, and I did not know what I was saying. The whole thing has very much upset me. He took what I said down in writing and I signed it. I said that my brother climbed 40 feet up a spout at his school, and fell to the ground, which was concrete, that he got up and walked away, and that he never saw a doctor. I did not say anything about his having fallen on his head on the second occasion when he fell 20 feet because I was flurried. Up to 1906, as far as I know, he was a teetotaler. He never took to excessive drinking after he left home. I was flurried when I told Sergeant Chandler that at the time that he threat
<lb/>ened to kill father he was drinking excessively. I am not flurried now, and I say he was sober. He has a bad temper, very easily upset, and takes things to heart very much. It was a large amount of news-paper that he set fire to in the w.c. He has been on his own account for the last four years as barman. The fit that I saw him in was the same as father has had, and the doctor says my father's were epileptic fits. No doctor attended my brother. I do not know that I must say the name of the doctor who said my father's fits were epileptic.</p>
<p>Re-examined. It was Dr. Harvey. Chandler has made two or three mistakes in writing down what I said. He took it down in long-hand; it took him about two hours. I have seen a confession that prisoner has made.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-135" type="witnessName">
<interp inst="t19100718-name-135" type="gender" value="male"/>
<interp inst="t19100718-name-135" type="surname" value="BALL"/>
<interp inst="t19100718-name-135" type="given" value="CHARLES"/>CHARLES BALL</persName> </hi> (recalled, further examined). Prisoner has acted queerly since his mother's death in 1906. He has threatened me with a knife. He has a morose disposition, and is very hot-tempered. When his mother was buried he half-filled in his mother's grave so that she should not get out again, and said he wished he could go with her. He has three times tried to set fire to my house. On one occasion he put a lamp under the table, and the curtains caught fire. After he</p>
<xptr type="pageFacsimile" doc="191007180029"/>
<p>set light to the paper in the w.c. in 1906 he sent a letter to my present wife, which I cannot find. (Mr. Macdonald, stating that he had lost this letter, asked that ha might use a copy, which he had made, of it, Mr. Bodkin offered no objection to the admission of the copy.) It was dated February 19, 1907, and was as follows: "No doubt you won
<lb/>dered how all that burnt paper got into the w.c. last night. Well, if you want to know, I will tell you. It was about 11.30 p.m. when I went down the backway and put a match to the paper with the inten
<lb/>tion of burning the house down, also hoping that you (his stepmother) and father were burnt to death." I should say that he was not answerable for his actions. I saw him kicked once in his privates, which laid him up a day or two. On one occasion he borrowed a bicycle for a run down the street. He was eventually found at South-end three days after. He must have lost his memory. He once wrote me a letter saying he had done a very foolish thing, and I went round and he told me he had tried to commit suicide by taking spirits of salts. About four years ago he had a fit; I have come to the con
<lb/>clusion now that it was a fit. I have had four fits myself, which Dr. Harvey told me were epileptic. I caught him once misbehaving him-self. Once I found all the furniture in the dining-room upside down, and I was told he had done it. He had no cause to threaten my life.</p>
<p>Cross-examined. As far as I know the cause of his ill-feeling against me was because I had married a second time. He left home to shift for himself then, I was away at sea at the time. He has had situations as a barman since, and as far as I know has always borne a good character. I made a statement to the police, which they took down in writing, and which I signed. I then stated that he had no serious illness up to 14 years of age; and that he had taken spirits of salts when an errand boy. I knew that he was keeping company then with some young woman, but I do not know that this was the result of a "tiff" they had had. He continued working on the same day. I said also he never threatened me, that he was a teetotaler (I meant up to the time of my second marriage); that up to the time he left me he showed no signs of insanity and that he was a very clean and well-behaved boy; that there was not sufficient paper in the w.c. to set fire to the house; that he did not like his step-mother; that as far as I knew there was no insanity in my wife's or my families; and that his threats to kill me were all bravado. That is all correct. I have never known him to drink.</p>
<p>Re-examined. I was agitated at the time Chandler took my state
<hi rend="smallCaps">
<persName id="t19100718-name-136" type="witnessName">
<interp inst="t19100718-name-136" type="gender" value="male"/>
<interp inst="t19100718-name-136" type="surname" value="CHESSON"/>
<interp inst="t19100718-name-136" type="given" value="CHARLES"/>CHARLES CHESSON</persName> </hi>, "Halfway House," 393, Battersea Park Road. The police have subpoenaed me, but I am giving evidence for the defence. Just over three years ago prisoner worked for me about six months. He left me twice, and on the second time he left on his own account. He bore a good character for honesty and sobriety. On two occasions he had fits. I had occasion to speak severely to him, and his face changed colour, and he became violent and we had to hold him down. He was violent in his room that night, but as he was not doing any damage I left him alone. I spoke to him about it after-wards</p>
<xptr type="pageFacsimile" doc="191007180030"/>
<p>wards, and he remembered nothing about it. On the second occasion he seemed to lose consciousness for about 15 minutes. I never spoke to him about that afterwards.</p>
<p>Cross-examined. I came to the conclusion they were ordinary kind of fits. I had to speak to him severely about familiarity with the ser
<lb/>vants. The statement I gave to the police says: He seemed overcome, but I do not not know whether it was with remorse or passion. I cannot say whether on the second occasion it was a faint; it seemed to be. He was all right next day.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-137" type="witnessName">
<interp inst="t19100718-name-137" type="gender" value="female"/>
<interp inst="t19100718-name-137" type="surname" value="HYNES"/>
<interp inst="t19100718-name-137" type="given" value="FLORRY"/>FLORRY HYNES</persName> </hi>, maid-servant. I have known prisoner for four years; he is my sweetheart. On February 28, 1909, he wrote me this letter from "The Three Rabbits," Manor Park. (A letter was read in which prisoner described a "fit" that he had had in which he assaulted a barmaid, the head barman, and the manager.) "When I came to I found myself walking up and down the concert-room with the 'boss'; I was in a fit of madness. I have had no drink since last Tuesday week, so it was not that." I received another letter from him at the same address on July 4, 1909: "What with me being queer, and father talking about my dear mother who has gone for ever, I am nearly out of my mind, and I swear to God that the very first time I see father I will see if he can talk about one who cannot defend themselves. I will kill him stone dead or he must kill me. There is no one I hate more than my coward of a father. I will swing for him yet. Nothing will compel me to repeat what I have heard. I hardly know how to write this letter being nearly off my head."</p>
<p>Cross-examined. I have been engaged to prisoner three years. He has given way to drink for the last two years, but not in my presence. I have written to him frequently to advise him to give it up. In January, 1907, we were both employed at Hardgrove's, an oil shop, and I told him I would have to give him up because he would drink. He was very calm at first, but when he realised it he took some spirits of salts. He said to me, "I have poisoned myself," and I sent for the doctor. Before he came prisoner went away and the doctor never saw him. He was very queer, but he continued work next day. As far as I know his father never came to see him and it would not be correct to say that the doctor told him that the prisoner had taken spirits of salts. To smooth matters over, I was friendly with him again. I still mean to be engaged to him. For the last two years I have noticed that at times he has been strange, but I cannot say whether it was from drink. I did not notice what an extraordinary recollection he had of what he had done during his illness that he wrote me about.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-138" type="witnessName">
<interp inst="t19100718-name-138" type="gender" value="male"/>
<interp inst="t19100718-name-138" type="surname" value="NORTON"/>
<interp inst="t19100718-name-138" type="given" value="SAMUEL"/>SAMUEL NORTON</persName> </hi>. I am employed at Messrs. Johnston's, smelters. I have known prisoner about six years. He worked with me at my firm five years ago. He had rather an impulsive nature. On one occasion we were on the roof of the building, and I cautioned him about getting too near the parapet. He immediately stepped on to the parapet and ran the full length of the building, which was a hare-brained</p>
<xptr type="pageFacsimile" doc="191007180031"/>
<p>thing to do, and which I should not have expected a man in his ordinary senses to have done. It was about a foot wide and 60 feet from the ground.</p>
<p>Cross-examined. He would be about 16 years old then, and he was a healthy young fellow.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-139" type="witnessName">
<interp inst="t19100718-name-139" type="gender" value="male"/>
<interp inst="t19100718-name-139" type="surname" value="MUSTO"/>
<interp inst="t19100718-name-139" type="given" value="JAMES WARD"/>JAMES WARD MUSTO</persName> </hi>, barman, "Three Rabbits Hotel," Romford Road. Prisoner was a barman about a year ago with me at this place. The night before he left we went up to the bedroom and he was "larking" about outside. I shut the door and he pushed it open and struck me without any cause. He seemed to be in a very violent temper. It seemed very strange to me. He may have had a drink, but I do not suppose he was drunk. I fainted at the time for a few seconds.</p>
<p>Cross-examined. This happened in July. He had been larking about with the barmaids. I suppose he was angry because I shut the door against him. He had been drinking, but he was not drunk. He afterwards got maudlin and he wanted to kiss me. After this occasion he went to Woolwich, when he got on the drink; he smashed all the gas mantles in a room in a public-house.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-140" type="witnessName">
<interp inst="t19100718-name-140" type="gender" value="male"/>
<interp inst="t19100718-name-140" type="surname" value="LANE"/>
<interp inst="t19100718-name-140" type="given" value="ERNEST"/>ERNEST LANE</persName> </hi>. I have known prisoner about four months. In February he showed me this revolver (Exhibit 2), and told me he had got it to shoot his father with.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-141" type="witnessName">
<interp inst="t19100718-name-141" type="gender" value="female"/>
<interp inst="t19100718-name-141" type="surname" value="GEORGE"/>
<interp inst="t19100718-name-141" type="given" value="ELIZABETH"/>ELIZABETH GEORGE</persName> </hi>, 7, Fairview Terrace, Barking Road. Prisoner has made his home with me and my husband for the past four years; he has called us "mother" and "father"; he has come to us when be has been out of a job. He has been very strange in his manner for the last twelve months or more. When shaving he has taken the razor up and said, "I cannot do it. I am afraid in case I cut my throat. Then I would feel like death." He wandered about all night on the night he left "The Three Rabbits," and came home at 4 a.m. He had this knife (produced) with him and said he was going to stab his father with it. He began screaming and had a fit. He frothed at the mouth. I bathed his face, and in about half an hour he came round. He seemed to be perfectly sober, but said he had lost his memory and did not know where he was when he got to Bow Street. I do not remember his having any other fits. He has complained very much of pains in the head and that he could not sleep well.</p>
<p>Cross-examined. He told me that he had had a disturbance at "The Three Rabbits"; he knew what he had done. He stayed with me a month before he went to "The Crown." I did not know he had been drinking excessively at the time that he said he would kill his father. I have never seen him drunk. We did not call in a doctor for this fit. He was quite a good-tempered boy; he was very pleasant and never sulked, although he was a bit quick tempered.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-142" type="witnessName">
<interp inst="t19100718-name-142" type="gender" value="male"/>
<interp inst="t19100718-name-142" type="surname" value="GEORGE"/>
<interp inst="t19100718-name-142" type="given" value="FREDERICK"/>FREDERICK GEORGE</persName> </hi>, carpenter. I am the husband of last witness. (Witness corroborated his wife's statements and added). For the last two years prisoner has been very strange in his manner; his eyes used to glare. At the time he had this fit he clenched his fists and seemed to stare as though he wanted to catch hold of something; this hap
<lb/>pened the night after he came home from "The Rabbits." He has</p>
<xptr type="pageFacsimile" doc="191007180032"/>
<p>also complained to me of sleeplessness and pains in the head and he has made the same statement to me about not daring to use a razor for fear of cutting his throat. I do not know how he came by this revolver (Exhibit 2), which I have seen in his possession. I suggested his going to America, where my son was. I said to him that they all carry revolvers there. He did not say anything to me about his having wandered about all night.</p>
<p>Cross-examined. He behaved himself, I believe, at all the places that he was a barman; I thought he was fit to be a barman. I never knew that he has been rather given to drink for the last two years. That does not affect my opinion. I know Miss Hynes. I never knew she had warned him about it. Nothing I have said about him can be explained by the fact that he had been drinking.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-143" type="witnessName">
<interp inst="t19100718-name-143" type="gender" value="male"/>
<interp inst="t19100718-name-143" type="surname" value="FREEMAN"/>
<interp inst="t19100718-name-143" type="given" value="THOMAS"/>THOMAS FREEMAN</persName> </hi>, licensed victuallers' manager, 211, St. George's Street. Till last March I was employed as under manager at "The Three Rabbits"; I had been employed there three years. Prisoner was employed there seven or eight months during which time he bore, to my idea, a very good character. On one occasion in July when they had gone up to supper I heard screams and I went upstairs and found Musto "clenching" in a corner. Prisoner said Musto had twice insulted him. I told prisoner to go and see Mills, who was looking after the business while the guvnor was away. Mills chastised prisoner, and I saw him to his room. After 15 minutes I heard the same thing. On running upstairs I saw prisoner running up and down the landing saying he was going to kill his father. I said that was a wrong sort of thing to do and he rushed downstairs and out of the door. The next morning he came and asked if he might start work again. He was not a drunkard at all; he always used to drink lemonades. I was the one he always used to ask for drinks, and I thought he drank more small "lemons" than anyone else. This con
<lb/>duct was not the result of drink.</p>
<p>Cross-examined. I heard afterwards that he had been "larking" about with the barmaids. He had a very excitable temper, and little things upset him.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-144" type="witnessName">
<interp inst="t19100718-name-144" type="gender" value="female"/>
<interp inst="t19100718-name-144" type="surname" value="HARDGROVE"/>
<interp inst="t19100718-name-144" type="given" value="MARY ANN"/>MARY ANN HARDGROVE</persName> </hi>. I keep an oil shop at 113, Central Park Road, East Ham. I have known prisoner nine years. He worked for me in 1906. I always found him an honest, respectable, very clever, and good lad, but at the same time he was very impulsive. In October, 1906, he said he was so depressed and upset that he hardly knew what he had done, and he told me that he had taken spirits of salts. It did not have much effect on him. He used to be rather absent at times and do rather strange things, but I put them down to be boy's actions. He fretted a good deal about his mother and I put that down as the cause of his strange behaviour. On one occasion he brought a horse in front of the shop and went away and left it.</p>
<p>Cross-examined. He was an errand boy. I dismissed him once, but I took him back again in spite of his faults and he remained with me till June, 1907. I dismissed him because of something to do with Florry Hynes, who was also in my service. I never knew he drank.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-145" type="witnessName">
<interp inst="t19100718-name-145" type="gender" value="male"/>
<interp inst="t19100718-name-145" type="surname" value="PUGH"/>
<interp inst="t19100718-name-145" type="given" value="JOHN"/>JOHN PUGH</persName> </hi>, seaman. I have known prisoner many years. On</p>
<xptr type="pageFacsimile" doc="191007180033"/>
<p>November 16, 1906, my wife received this letter from him: "I am glad to say I have been taken up by Mr. and Mrs. Hardgrove. Father came. and tried to do me harm by talking, but, how-ever, he did not succeed." He came to see me on the following Sunday. He looked queer and fell on the floor. He gave a scream and went off in a fit. I saw him home afterwards. He would not have known he had had a fit if I had not told him. I have never known him to drink.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-146" type="witnessName">
<interp inst="t19100718-name-146" type="gender" value="male"/>
<interp inst="t19100718-name-146" type="surname" value="HYSLOP"/>
<interp inst="t19100718-name-146" type="given" value="THEOPHILUS"/>THEOPHILUS HYSLOP</persName> </hi>, M.D., senior physician, Bethlem Royal Hos
<lb/>pital, Lecturer on Mental Diseases, St. Mary's Hospital, and London School of Medicine, etc. On July 15 I examined prisoner in Brizton Prison in the presence of Dr. East. I found evidence of an old injury to his brain near to the right frontal region, which was very evident to the touch. As to his mental condition I found no marked evidence of hallucinations with the exception of possible hallucination of hearing, especially at night; he told me that he heard voices at nights speaking to him, but he was not sure whether they were real or imaginary. I then inquired into his memory of the actual act. He told me that he remembered fairly well all that had occurred. When I asked him as to the motive, he said that he did not know of any motive. I asked if it had been his intention to kill anybody in particular, and he said the chief person that he intended to kill was his father. In reply to further questions, he said that he did not intend now to kill him because he had that morning received a letter from him; that he would not guarantee that he would not use a revolver in a similar way on anybody else; that he had attempted to commit suicide on several occasions, but that he did not know any reason for his wishing to do so; that he did not feel depressed in any way because of what he had done, and that he knew what would be the consequences of his act. On my asking him whether he realized what he had done, he said that he nearly always felt a kind of dazed, that it was only occasionally that he fully realised what had happened, and that even then he could not properly realise that he had com
<lb/>mitted a crime; that he did not fear what would happen to him, and that he was sorry for what he had done, because he was very fond of Armand; and that occasionally he passed into a dreamy state, and hardly knew what he was doing. The conclusion I have arrived at is that his is a case of practically epileptic mania, a not uncommon sequel to a history of a blow on the head and to the existence of a tendency to sleep-walking. It almost always happens in these cases that the tendency to commit crime begins to develop itself at about the age of 18, and continues to the age of 20—the adolescent period. I have recorded cases with a precisely similar history. Undoubtedly, if there has been a previous injury to the head a very small amount of alcohol is quite sufficient to produce unduly serious effects; the same thing would happen in the case of an epileptic person. Self-abuse and drink would aggravate the condition with the blow on the head. I would regard prisoner as having been a properly certifiable person at the time he committed the act, and also at the time when I examined</p>
<xptr type="pageFacsimile" doc="191007180034"/>
<p>him. From the evidence I have heard, even if he had not committed the act I fear I should have had to advise his certification considering his views with regard to suicide and shooting other people. I do not think at the time he committed this act he fully appreciated either the nature or the consequences of it; there was a morbid impulse to kill. This epileptic mania is a condition which may be described as mental automatism. Sometimes the individuals who are suffering from this perform violent acts; they may set fire to things or commit almost any crime. There may be also a certain amount of premeditation and knowledge of the act with memory of the act subsequently. I have known of cases of this condition lasting for a number of years. To the uninitiated a person in such a condition would appear to be perfectly sane. The suddenness of the attack, carelessness, and a feeling of relief after it is done are all symptoms of homicidal mania. While in this condition of automatism the subject performs most extra
<lb/>ordinary things not appreciating the dangerous nature of what he is doing; the parapet incident is an illustration of this.</p>
<p>Cross-examined. The fact that prisoner had held a position as bar-man for four years in different situations and borne an excellent char
<lb/>acter at each does not affect my opinion at all. The thickening of the skull I regard as evidence of a former injury. It is very common for insanity to manifest itself years after a person has sustained such an injury. I did not attach much importance to the hallucinations. Prisoner's memory of the act was pretty good. This condition of auto
<lb/>matism in my opinion lasted over the whole period. You may have a complete cycle of events and perfect knowledge of the acts, and even a description of the details afterwards, and yet still that person is in the mentally automatic state. He may be in such a state as to form murderous intentions and to know that if he shot Armand it would be murder, but yet he may be disassociated from the world; he has not a grasp of the situation. It is not a common test of epileptic homicidal mania to see if the person is unconscious of what he is doing; that is too narrow. In larve epilepsy the departure from the normal is so very slight that it cannot be recognised by those who have not made a special study of the subject. In the ordinary condition of double personality, which is practically this case, you have two separate indi
<lb/>viduals, one of whom is responsible and the other irresponsible. I should regard the fact that he said he wanted to commit suicide for no reason whatever alone sufficient to justify his being certified. I have not considered the facts in this case in reference to that, only his statements to me. I do not think that the reason for wishing to shoot his father was sufficient to warrant the belief that he was sane in wishing to do so.</p>
<p>Re-examined. There is the grosser form of epileptic fits where you get the subject foaming at the mouth, convulsions, and clonic con
<lb/>tractions In addition to that form you have the larve form, and in some cases you have the two forms co-existing in one subject. Prisoner may have realised that he was doing wrong in a dim kind of way, and yet his actual personal consciousness may have been dormant. (To the-court.)</p>
<xptr type="pageFacsimile" doc="191007180035"/>
<p>I was with prisoner about 33 minutes. All I have heard in this case confirms the opinion at which I arrived as the result of my examination.</p>
<p>(Thursday, July 21.)</p>
<hi rend="smallCaps">
<persName id="t19100718-name-147" type="witnessName">
<interp inst="t19100718-name-147" type="gender" value="male"/>
<interp inst="t19100718-name-147" type="surname" value="TOOGOOD"/>
<interp inst="t19100718-name-147" type="given" value="FREDERICK SCHERMAN"/>FREDERICK SCHERMAN TOOGOOD</persName> </hi>, M.D., medical superintendent in charge of epileptic ward, Lewisham Infirmary. I have held this post for 16 years. I have been in charge of epileptic wards for 25 years. The phases of epilepsy vary very much from the epileptic who is prac
<lb/>tically a sane person to the epileptic dement. Petit mal is the slightest evidence of epilepsy; it may be merely a momentary loss of conscious
<lb/>ness, which is almost imperceptible. The uninitiated think that it is a slight attack of faintness. The subject often goes a little pale. The after-effects may be the same as those after a more pronounced attack. In "grand mal" you have a definite epileptic seizure in which the subject would at first turn pale and then congested; his pupils would become dilated, his movements convulsive, and there would be loss of consciousness. There is not always foaming at the mouth. A preced
<lb/>ing scream is a characteristic sign, and then the subject would become silent with the exception of heavy breathing. Epileptic automatism is the condition which ensues after an attack of epilepsy; and is a state in which the subject is not really responsible for his actions; this can ensue after both petit mal and grand mal. Sometimes this condition is accompanied by no loss of consciousness. You very often find epileptic patients doing curious actions without any apparent motive at all where there has been no obvious fit. Pyro-mania, setting fire to houses or ricks, for no reason at all, is a frequent symptom of epilepsy. If a man subject to epileptic fits tries to commit suicide without being depressed at all, I should say he was a certifiable lunatic. Epileptic ambulatory automatism is the name given to the walking in sleep of an epileptic. If an epileptic said he was going to murder his father I should say he was certifiable; but I should be influenced in my opinion by his motive in doing so. One of the symptoms of homicidal mania is to attack people of whom you are very fond with absence of motive. I regard the letter written to his stepmother, prisoner being an epileptic, as strong confirmatory evidence that he was a certifiable lunatic. I think the part of his letter to Florry Hynes, in which he describes his symptoms, is consistent with his having an epileptic fit, and the statements he makes about his father may be evidence of delusion. I think that no epileptic is a safe person to be at large; the majority of motiveless crimes are committed by them. I think that prisoner running along a parapet as he did showed that he was then in a state of post-epileptic automatism. Of course, it obviously may bear another interpretation. I think the fact that prisoner went pale when spoken to by deceased is suggestive as indi
<lb/>cating that he may have had an attack of petit mal at that moment. Sexual and emotional impulses are very common in epileptics. Drink has a much greater effect on an epileptic and on a person who has had</p>
<xptr type="pageFacsimile" doc="191007180036"/>
<p>an injury to his head. I visited prisoner in Brixton Prison last Mon
<lb/>day at the request of his solicitor. I had no information about the case with the exception of what I had read in the papers. About three-quarters of the way through the examination I told him who had sent me. As the result of my interview I came to the conclusion that he was a certifiable epileptic. He said that the whole thing appeared to him to be a dream; he remembered nothing about it except in a very hazy way. I did not press that matter very much. He struck me as being rather morose and reticent, but not upset. The bases for my conclusion were firstly the history of the fits and secondly the absence of motive and the act. I regard masturbation more as a symptom than a cause of these cases. Headaches, insomnia, and mental confusion are other symptoms. A person in this state of auto
<lb/>matism may to the untrained observer appear to be perfectly sane. You cannot judge an epileptic by ordinary standards, for even when he is not in a fit his power of self-control is less than normal. In the post-epileptic state his actions would be reflex. I found a bony en
<lb/>largement on his right frontal region, which was consistent with being the result of an injury which may have caused epilepsy. He told me about his suicidal tendencies, the one occasion on which he lost his memory. I certainly think he was properly certifiable as a lunatic before this act was committed.</p>
<p>Cross-examined. I have come to that conclusion by hearing his pre
<lb/>vious history—not as a result of my examination of him alone. I am not sure whether I told him I was a doctor. I was told that Dr. Hyslop had visited him, but I had no report from him. It is very important in discovering whether a person has acted as an automaton to see whether he has any recollection of the act afterwards. I do not think that a clear recollection afterwards would show that he was not acting as an automaton; some epileptics appear to have a very distinct recollection. I do not think memory has a great deal to do with it. I do not think I said it was the most important test of all. I was able to get very little information from him as to his fits. My recol
<lb/>lection is that I got the information I had with regard to them from the newspaper reports, but it is possible I may be mistaken. I do not know that no such question was raised at the police court. I had not a summary of the case before I went and examined him. I may have had the formation from the solicitor. He said that he had not been drinking when he lost his memory, nor that he had been drinking excessively for the last two years. I cannot express an opinion as to whether he knew he had a pistol in his hand; when in a condition of post-epileptic automatism he might know perfectly well that he had, but yet be quite irresponsible. There is no evidence that he did not know it was loaded. I do not suggest that he did not pull the trigger intentionally, and that he did Hot realise that if he did pull it, he would probably kill the deceased. Nor do I suggest that he was not capable of forming the intention to kill. I do not think he was capable of forming an intention to revenge himself for being told to go to bed because he had been drinking. If Dr. Hyslop says that he was</p>
<xptr type="pageFacsimile" doc="191007180037"/>
<p>in a state capable of forming a murderous intention I do not agree with him. In this condition of post-epileptic automatism he is another personality altogether. There was no actual mental process of judging of what was right and wrong. I suggest that at the moment he went pale he had a epileptic fit. It is difficult to say precisely when this fit ceased. He subsequently went into the automatic stage when it is possible for him to give a perfectly coherent account of what had taken place. I was with him about 45 minutes.</p>
<p>Re-examined. I consider from the evidence I have heard in this case that prisoner's fits, were epileptic. The mind of an epileptic becomes more deteriorated as time goes on, and he is liable to become insane at any moment. There are authorities who say that it is possible for these things to be done by an epileptic without any actual fit having taken place.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-148" type="witnessName">
<interp inst="t19100718-name-148" type="gender" value="male"/>
<interp inst="t19100718-name-148" type="surname" value="MILLS"/>
<interp inst="t19100718-name-148" type="given" value="JAMES"/>JAMES MILLS</persName> </hi>, manager, "The Three Rabbits," Manor Park. This time last year prisoner worked three weeks for me whilst I was there; he was there previous to my going there. On one occasion he ran out of the house and on being fetched back said that he was going to kill his father. Freeman saw him. I saw no knife in his hand. I heard that he had had fits previous to my going there. The next time he did it I said to him, "What does all this mean? This is the second affair you have had." He replied sullenly, "I have got family troubles." He mysteriously disappeared and then I got a letter from him saying how sorry he was. I refused to take him back on my own responsibility. He seemed very strange in his manner.</p>
<p>Cross-examined. I destroyed the original letter from him, this is a copy of it (produced). It is dated July 20, 1909 (Exhibit No. 16). Daring the time I was there he appeared to be in quite a proper state of mind. I never saw him drink; I understood he was a teetotaler. I did not see him on the night he had a row with Musto. He dis
<lb/>appeared on the following day.</p>
<p>Re-examined. He was peculiar in his manner on the two occasions I have spoken of.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-149" type="witnessName">
<interp inst="t19100718-name-149" type="gender" value="female"/>
<interp inst="t19100718-name-149" type="surname" value="LEDGER"/>
<interp inst="t19100718-name-149" type="given" value="ELIZABETH"/>ELIZABETH LEDGER</persName> </hi>, barmaid, "The Three Rabbits." I was present when prisoner went into a fit; he threw out his arms and shouted. I was very frightened and walked out.</p>
<p>Mr. Travers Humphreys proposed to call medical evidence in rebuttal, the defence of insanity not having been raised in the coarse of the case for the prosecution.</p>
<p>Mr. McDonald stated that the prosecution knew the nature of the defence at least 24 hours before the commencement of the case.</p>
<p>Mr. Justice Ridley admitted the evidence.</p>
<p>(Evidence in rebuttal.)</p>
<hi rend="smallCaps">
<persName id="t19100718-name-150" type="witnessName">
<interp inst="t19100718-name-150" type="gender" value="male"/>
<interp inst="t19100718-name-150" type="surname" value="EAST"/>
<interp inst="t19100718-name-150" type="given" value="WILLIAM NORWOOD"/>WILLIAM NORWOOD EAST</persName> </hi>, M.D., M.R.C.S., deputy medical officer, Brixton Prison. I examine in the course of my duties 1,500 prisoners a year with regard to their mental condition. Prisoner was received at Brixton on June 27 and has been under my observation in the hospital since that time. I have seen him every day except for about three days, and frequently twice a day. I have had prolonged inter
<xptr type="pageFacsimile" doc="191007180038"/>
<p>views with him to ascertain the state of his mind. He knew of no insanity in his family. He stated that after his mother's death there was a quarrel between himself and his brother and his father; that he went away from home, and that since that time he has not been on good terms with his father and has felt revengeful towards him, particularly at times when he has been drinking. I gathered from him that the fits he had had were ordinary attacks of fainting fits. He said he had given way to drink for about 18 months. He said he remembered being reprimanded by Chesson when he was at "The Three Rabbits," and that he had been drinking then. As far as I remember he did not say anything about throwing himself down. He remembered the occasion on which he had smashed the gas mantles at Woolwich; he said he had been drinking then. He said that on June 24 he had had two whiskies before breakfast; two bitters before dinner, one bitter at dinner, one at 4 p.m., one at 7, two gins and gingerbeers at 8.30 p.m., a stout and bitter at 10 p.m., and soon after that two gins and Angosturas. He said he had been drinking more than usual on the 21st, his ordinary amount on the 22nd, and more than usual on the 23rd. I examined him on more than one occasion about these facts, and his accounts were practically the same. He gave me a very clear account of what happened on that evening. He had no fits while with me, and I detected no signs of delusion. He quite appeared to realise the position he was in. The cause of his attempting to commit suicide is quite a common one—it was a love affair. He did not tell me that he attempted to commit suicide on any other occasion; I probably asked him but I am not sure. I have never known myself, nor have I ever heard anyone, except the witnesses to-day, say they have known of a case in which a person has com
<lb/>mitted an act in a state of automatism and has recollected the whole of what happened afterwards. In my opinion he is sane now and at the time he did this act he was capable of knowing the nature and quality of it.</p>
<p>Cross-examined. I do not suggest that I am an expert in epilepsy, but I see a great deal of it. I dare say that Dr. Toogood knows a great deal more about it than I do, but I do not think he sees the amount of epilepsy in criminal cases that I do. I have a great respect for Dr. Hyslop's opinion as well; he examined me. I have had three cases of epileptic automatism in crime within the last seven or eight weeks, two being for murder. They had absolutely no recollection afterwards of what had happened. It is not clear from what Sir William Gower says in his book whether he is referring to the patient having a recollection while in the automatic stage or afterwards. A person may be epileptic and commit a crime while he is perfectly sane without the epilepsy influencing him in the slightest. I agree an epileptic is more impulsive than an ordinary individual. If an epileptic commits a crime without any provocation I should say he was not responsible, but that is not the present case. As regards Dr. Spratling's instance of a man having a complete recollection of what had occurred after he had committed the crime, I do not see any evidence in what he writes of the man having had epileptic frensy.</p>
<xptr type="pageFacsimile" doc="191007180039"/>
<p>Dr Hyslop's and Dr. Toogood's experience as to the recollection point clashes with mine. It is possible for the automatic stage to last for a long time during which the subject may appear to be perfectly sane. It is impossible that prisoner is still in that stage, as I have been through more or less the whole of his life with him and there is no gap of memory, which would be the case if he were in the automatic stage. A man may have epileptic mania without having a fit. Assum—the prisoner has had fits when he screamed, stared, frothed at the mouth, changed colour and failed to recognise people, that would point very strongly to his having had epileptic attacks. If you had an abnor
<lb/>mal act plus epilepsy I might, or might not, connect one with the other. I think a person who attempts to commit suicide for no reason ought to be under medical care, but I should always want to examine the subject myself before certifying. Assuming that prisoner is epileptic and tried to commit suicide for no reason at all, his attempts to set fire to the house would, I should say, probably be due to insanity. Pri
<lb/>soner has a slight depression of the bone in his skull, but there is absolutely no evidence of injury to the brain. Alcohol operates with more effect on epileptics and persons who have sustained an injury to the head. I think the absence or presence of motive is most impor
<lb/>tant in determining whether an act of homicide was due to mania. I have listened very carefully to the evidence, and from the description of the fits none of them as far as I could make out were epileptic. You have to take each fit separately; in the questions put to me you grouped together all the symptoms that he showed in different fits. Extreme carelessness after a crime is consistent with either sanity or insanity.</p>
<p>Re-examined. I do not agree that there is evidence that prisoner has attempted suicide without any cause. I think there was motive for his attempting to set fire to the house. Excessive drinking' was a factor in this case. If he had been an epileptic the drink that he had taken on this day would have affected him considerably, and it would have been noticeable.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-151" type="witnessName">
<interp inst="t19100718-name-151" type="gender" value="male"/>
<interp inst="t19100718-name-151" type="surname" value="CRAIG"/>
<interp inst="t19100718-name-151" type="given" value="HORACE"/>HORACE CRAIG</persName> </hi>, M.D., F.R.C.P. I was for 14 years assistant physician to the Bethlem Royal Hospital. I left two and a half years ago. Dr. Hyslop was senior to me. I have had 17 years experience of lunacy and have been lecturer on mental disorders for seven years. I was asked by the Treasury, as I have been asked in other cases, to examine prisoner and I went on July 15. I saw him In the presence of Dr. East, and examined him for about 70 minutes. I examined him again on July 17 for about an hour. I asked Dr. East not to be present on the second occasion. I could not discover any symptoms of mental unsoundness from my examination. I tested his memory as to the event very carefully, and it was good. He said he felt hostility towards his father, but I could not say it was a delusion; I did not know the surrounding circumstances. I asked him if he had had any fainting attacks or fits, and he said that he had had faints which he rather put down to the weather; he did not seem to attach much im
<lb/>portance to them. I had the depositions before me and I asked him</p>
<xptr type="pageFacsimile" doc="191007180040"/>
<p>whether there were any periods in his life that he could not bridge over, and he told me there were none. He told me about one of the occurrences at "The Three Rabbits." I asked him if he ever found himself at any place without being able to account for his being there and he said he could not. He told me that he had a full recollection of that had occurred on June 24, of course, I did not go into all the details for obvious reasons. As far as his conduct, apart from the drink, and his memory are concerned, there is no evidence that I can get that he was then, or is now, of unsound mind.</p>
<p>Cross-examined. I am not here to say whether the motive for this act was a good or bad one; I am in the same position as the jury as to that. Prisoner gave me no motive, and I did not ask for one. I would not like to absolutely say that he was not suffering from epileptic mania, but taking each instance that has been given of epilepsy not one of them is what I could honestly describe as epileptic. I am not of the same opinion as Dr. Hyslop and Dr. Toogood as to that. Dr. Hyslop was my senior in point of years at the hospital and I respect his opinions as a well-known expert in lunacy matters, but I do not always agree with him. For automatism you must have, in my opinion, loss of memory. The subject may, as he returns to conscious
<lb/>ness, remember things that happened towards the finish of his auto
<lb/>matic stage. I do not know on what grounds Dr. Spratling came to the conclusion that the seizure after which the subject remembered everything was epileptic. I quite agree that there is such a condition as post-epileptic automatism, which is preceded by an epileptic seizure. This automatic stage may last for long periods and is diffi
<lb/>cult to detect. If an injury to the head has been followed by the epileptic condition, epileptic automatism may occur. Prisoner has a scar on his head which he told me was due to the throwing of a stone. I have heard the history of how he got it. If it broke the inner table of the brain there would be an affection of the brain. One would have expected the history of a severe concussion if that had been the case. He has no localising symptoms of injury to the brain, but I cannot say with absolute certainty after this lapse of time that there was no such injury. He told me about his attempting to commit suicide by taking spirits of salts; that was the only occasion he mentioned. I have heard of his wishing to kill his father; I cannot say whether he had sufficient motive for that. I certainly agree that it is not indica
<lb/>tive of a normal mind. The desire to cut one's throat while shaving is very common in normal life, as is also the desire to throw oneself under a tram or train; I do not think I can attach much importance to it I agree the drink he had had did possibly influence him when did the act. Masturbation is a very common symptom in certain cases of mental disorder, but it is not accepted now that insanity follows its practice.</p>
<rs id="t19100718-27-verdict-1" type="verdictDescription">
<interp inst="t19100718-27-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-27-verdict-1" type="verdictSubcategory" value="insane"/>Guilty, but insane.</rs> Prisoner was
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<interp inst="t19100718-27-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-27-punishment-29" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-27-19100718 t19100718-27-punishment-29"/>ordered to be detained during His Majesty's pleasure.</rs> </p>
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<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi> </p>
<p>(Wednesday, July 20.)</p> </div1>
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<persName id="def1-28-19100718" type="defendantName">
<interp inst="def1-28-19100718" type="gender" value="male"/>
<interp inst="def1-28-19100718" type="age" value="42"/>
<interp inst="def1-28-19100718" type="surname" value="MYNORS"/>
<interp inst="def1-28-19100718" type="given" value="REGINALD"/>
<interp inst="def1-28-19100718" type="occupation" value="manager"/>
<hi rend="largeCaps">MYNORS</hi>, Reginald (42, manager)</persName>
<rs id="t19100718-28-offence-1" type="offenceDescription">
<interp inst="t19100718-28-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19100718-28-offence-1" type="offenceSubcategory" value="forgery"/>. Forging and uttering, knowing the same to be forged, a certain document, to wit, an affidavit, used as evidence in a court of record, to wit, the King's Bench Division of the High Court of Justice.</rs>
<rs id="t19100718-28-offence-2" type="offenceDescription">
<interp inst="t19100718-28-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19100718-28-offence-2" type="offenceSubcategory" value="perjury"/>Committing wilful and corrupt perjury.</rs> </p>
<p>Mr. C. L. Chute prosecuted; Mr. J. Ewart Walker defended.</p>
<p>Prisoner was tried on the indictment of perjury.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-153" type="witnessName">
<interp inst="t19100718-name-153" type="gender" value="male"/>
<interp inst="t19100718-name-153" type="surname" value="MARTIN"/>
<interp inst="t19100718-name-153" type="given" value="JOHN"/>JOHN MARTIN</persName> </hi>, clerk, High Court of Justice, produced record of in
<lb/>terpleader action of Imperial Tobacco Company v. Rough, under order 14 referred to Master Bonner.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-154" type="witnessName">
<interp inst="t19100718-name-154" type="gender" value="male"/>
<interp inst="t19100718-name-154" type="surname" value="PEST"/>
<interp inst="t19100718-name-154" type="given" value="JAMES WILLIAM"/>JAMES WILLIAM PEST</persName> </hi>, clerk, Lambeth County Court, produced receipts purporting to be signed by G. Rough to Mrs. Mynors.</p>
<p>Cross-examined. The receipts were put in in the action of John Martin v. George Rough trading as Reginald Mynors and also as the S. P. Q. R. stores, tried before Judge Emden on June 5, 1909.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-155" type="witnessName">
<interp inst="t19100718-name-155" type="gender" value="male"/>
<interp inst="t19100718-name-155" type="surname" value="STILL"/>
<interp inst="t19100718-name-155" type="given" value="FRANCIS CHURCHILL"/>FRANCIS CHURCHILL STILL</persName> </hi>, partner in Trower, Still, Freeling, and Parkin, 5, New Square, Lincoln's Inn, solicitors. My firm are agents for E. R. Still, of Bristol, and acted for the Imperial Tobacco Com
<lb/>pany in the action against Rough. We appeared by counsel in the interpleader action before Master Bonner. I was present; prisoner was sworn and gave evidence. He stated that at the end of 1909 he was in business at Wimbledon with George Rough, that at the be
<lb/>ginning of 1910 he was manager of Rough's business at 5, Cheapside, South end-on-Sea; that in February, 1910, Rough sold his business to Mrs. Mynors, prisoner's wife; that Mrs. Mynors paid the money in cash to Rough, and that he saw Rough write out and sign the receipts (produced) for £20 and £20 5s. to Mrs. Mynors, which were put in at the interpleader action.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-156" type="witnessName">
<interp inst="t19100718-name-156" type="gender" value="male"/>
<interp inst="t19100718-name-156" type="surname" value="HATCHER"/>
<interp inst="t19100718-name-156" type="given" value="ALBERT JAMES"/>ALBERT JAMES HATCHER</persName> </hi>, clerk to Still and Co., corroborated the last witness. Judge Emden cautioned prisoner, who swore that body of the two receipts were in his (prisoner's) handwriting, and that the signature was George Rough's. In my opinion the whole of the docu
<lb/>ments are in prisoner's writing.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-157" type="witnessName">
<interp inst="t19100718-name-157" type="gender" value="male"/>
<interp inst="t19100718-name-157" type="surname" value="ROUGH"/>
<interp inst="t19100718-name-157" type="given" value="GEORGE"/>GEORGE ROUGH</persName> </hi>, 35, Havelock Road, Hammersmith, hairdresser's assistant. I first knew prisoner in March, 1909, when he had a tobac
<lb/>conist's and hairdresser's shop at 107, Merton Road, Wimbledon, and afterwards another shop at 168, Merton Road. I was in his service as hairdresser, he attending to the tobacco business and I to the hair-dressing department, receiving 23s. a week wages. The name upon the shops was "R. Mynors." I left him in September, 1909, after giving him a week's notice. I was never the proprietor of a business at 5, Cheapside, South end, and have never lived there. I have never had a business in my life. I never received £20 or £20 5s. from Mrs. Mynors, receipts produced are not signed by me. I was asked to give false evidence at Lambeth County Court by prisoner, but I could not leave my work to attend. If I could have attended I should have told the truth.</p>
<xptr type="pageFacsimile" doc="191007180042"/>
<p>Cross-examined. I was asked to swear an affidavit before the Com
<lb/>missioner. I read a document which I understood was a copy of the one I swore to—I was not prepared to swear to the affidavit produced because it was untrue. I wrote letters to prisoner asking him to give me a character for two and a half years and also for four and a half years, although I was only in his service six months—it was prisoner's suggestion to give me such a character. The affidavit I was asked to swear stated that I established and carried on the business of tobac
<lb/>conist and newsvendor known as the S. P. Q. R. Stores at 5, Cheapside, Southend, that I employed Reginald Mynors as my manager at a salary of 10s. a week and commission, that it was agreed that the tenancy premises was to be taken in Mynor's name, and that he was to occupy rooms over the shop; that in February last I sold the said business to Mrs. Mynors for the sum of £10 for the goodwill and £40 5s., the agreed value of the stock in trade, that the £10 for good-will was retained by Mrs. Mynors to be applied in payment of rent and rates, and that I gave her receipts for £40 5s.; that the two receipts for £20 and £20 5s. were written and signed by me at 5, Cheapside, Southend-on-Sea, on the dates therein named. Affidavit produced which is to that effect was sworn by me. I read the copy which was to the same effect and which was all false. I was asked by Mr. Young, the solicitor's clerk, to give evidence at Lambeth County Court in the action of Martin v. Rough; I do not remember promising to attend. I do not remember telling Young that the affi
<lb/>davit was all right and that I would sign it—I may have said so. He showed me two receipts. I cannot remember whether I told him I had not signed them. I gave Young to understand that I had sold the Southend business to Mrs. Mynors, that she had paid me £20 and £20 5s., and that I had signed receipts for those sums.</p>
<p>The Recorder. How can you ask the jury to convict the prisoner upon such evidence as this?</p>
<p>The jury stated that they had heard enough of the case, and re
<lb/>turned a verdict of
<rs id="t19100718-28-verdict-1" type="verdictDescription">
<interp inst="t19100718-28-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19100718-28-verdict-1" type="verdictSubcategory" value=""/>Not guilty.</rs> </p>
<p>No evidence was offered on the indictment for forging and uttering the affidavit, and the jury returned a verdict of
<rs id="t19100718-28-verdict-2" type="verdictDescription">
<interp inst="t19100718-28-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19100718-28-verdict-2" type="verdictSubcategory" value="noEvidence"/>Not guilty.</rs> </p>
<p>Mr. Walker asked that the prosecutor should be ordered to pay the costs of the defence. The Recorder said that he had his own opinion about the case, and he should make no order for costs. He disallowed the costs of the witness Rough—he was a scandalous witness.</p> </div1>
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<interp inst="def1-29-19100718" type="age" value="27"/>
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<interp inst="def1-29-19100718" type="given" value="HENRY"/>
<interp inst="def1-29-19100718" type="occupation" value="hawker"/>
<hi rend="largeCaps">SMITH</hi>, Henry (27, hawker)</persName>
<rs id="t19100718-29-offence-1" type="offenceDescription">
<interp inst="t19100718-29-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19100718-29-offence-1" type="offenceSubcategory" value="robbery"/>, robbery with violence upon
<persName id="t19100718-name-159" type="victimName">
<interp inst="t19100718-name-159" type="gender" value="male"/>
<interp inst="t19100718-name-159" type="surname" value="LAMB"/>
<interp inst="t19100718-name-159" type="given" value="RICHARD THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-29-offence-1 t19100718-name-159"/>Richard Thomas Lamb</persName> and stealing from him £15 in money.</rs> </p>
<p>Mr. Warburton prosecuted.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-160" type="witnessName">
<interp inst="t19100718-name-160" type="gender" value="male"/>
<interp inst="t19100718-name-160" type="surname" value="LAMB"/>
<interp inst="t19100718-name-160" type="given" value="RICHARD THOMAS"/>RICHARD THOMAS LAMB</persName> </hi>. On February 24 at 2 p.m. I was in Bath Road, Cranford, having left the "White Hart" public house, where I had a glass of beer and where I saw prisoner. I pulled out silver and copper from my pocket, paid a penny for the ale, and left. I had got about 300 yd. from the public house when I was tripped up by a man who kicked me, put his hand in my left trouser pocket, took a leather bag from me containing 15 sovereigns, and ran off. It was</p>
<xptr type="pageFacsimile" doc="191007180043"/>
<p>the same man whom I had seen in the "White Hart"; I saw him as he ran across the road. On July 13 I was called to Arlington Police Station and picked prisoner out at once from 10 other men.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-161" type="witnessName">
<interp inst="t19100718-name-161" type="gender" value="male"/>
<interp inst="t19100718-name-161" type="surname" value="BLAKE"/>
<interp inst="t19100718-name-161" type="given" value="WALTER CHARLES"/>WALTER CHARLES BLAKE</persName> </hi>, milk carrier, Cranford. On February 24, 1910, at 2.30 p.m., I saw prosecutor walking along the footpath in Bath Road, followed by the prisoner. They passed me, and were about 100 to 150 yd. away when I saw them both on the pavement struggling together; prisoner got up and ran away; I was too far off to run after him, but I had seen him as he passed me previously, when I was coming out of a customer's house. On July 13 I identified prisoner from among 10 other men. I am certain he is the man I saw with prosecutor; there was no one else in the road at the time.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-162" type="witnessName">
<interp inst="t19100718-name-162" type="gender" value="male"/>
<interp inst="t19100718-name-162" type="surname" value="HAYES"/>
<interp inst="t19100718-name-162" type="given" value="ANDREW"/>ANDREW HAYES</persName> </hi>, "Jolly Waggoner," Bath Road, licensed vic
<lb/>tualler, On February 24 at 2.45 p.m. I was outside my house when prosecutor made a complaint to me. His face was scratched and he was covered with mud. Shortly afterwards Blake spoke to me. At five or ten minutes past three prisoner came and asked me if I would give him a drink as he had no money; I refused. The place where the robbery took place is about 450 yd. away from my public house.</p>
<persName id="t19100718-name-163" type="witnessName">
<interp inst="t19100718-name-163" type="gender" value="male"/>
<interp inst="t19100718-name-163" type="surname" value="LOADER"/>
<interp inst="t19100718-name-163" type="given" value="CHARLES"/>
<hi rend="smallCaps">CHARLES LOADER</hi> </persName>, T Division. On July 13 at 8.10 p.m. I saw prisoner at South all Police Station. I told him that he answered the description of a man wanted for stealing £15 in a leather purse from Richard Thomas Lamb in the Bath Road on February 24, and said that I should take him to Arlington Police Station and place him among a number of men for identification. He said, "Thank God for that; I am innocent; I will go back with you for that." I conveyed him to Arlington, where he was placed among 10 other men of similar appearance, and picked out by the prosecutor, Blake, and Hayes.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-164" type="witnessName">
<interp inst="t19100718-name-164" type="gender" value="male"/>
<interp inst="t19100718-name-164" type="surname" value="SMITH"/>
<interp inst="t19100718-name-164" type="given" value="HENRY"/>HENRY SMITH</persName> </hi> (prisoner, not on oath). I know nothing about this. I am perfectly innocent. I have been travelling about all my life, and have been shifted by the policemen, and I should have been taken a long time before if I had been the man.</p>
<persName id="t19100718-name-165" type="witnessName">
<interp inst="t19100718-name-165" type="gender" value="male"/>
<interp inst="t19100718-name-165" type="surname" value="LOADER"/>
<interp inst="t19100718-name-165" type="given" value="CHARLES"/>
<hi rend="smallCaps">CHARLES LOADER</hi> </persName>, recalled. The complaint was lodged at the police station on February 24 at 4 p.m. Prisoner is a traveling gipsy, living in a caravan. Prosecutor gave the description of the thief; we were searching for prisoner, but were not able to find him till about three weeks ago, when I saw him at Ashford, but he got away before I could arrest him.</p>
<rs id="t19100718-29-verdict-1" type="verdictDescription">
<interp inst="t19100718-29-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19100718-29-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE RENTOUL</hi> </p>
<p>(Wednesday, July 20.)</p> </div1>
<div1 type="trialAccount" id="t19100718-30">
<interp inst="t19100718-30" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-30" type="date" value="19100718"/>
<join result="criminalCharge" id="t19100718-30-charge-1" targOrder="Y" targets="def1-30-19100718 t19100718-30-offence-1 t19100718-30-verdict-1"/>
<persName id="def1-30-19100718" type="defendantName">
<interp inst="def1-30-19100718" type="gender" value="male"/>
<interp inst="def1-30-19100718" type="age" value="32"/>
<interp inst="def1-30-19100718" type="surname" value="HERSCHFIELD"/>
<interp inst="def1-30-19100718" type="given" value="SAM"/>
<interp inst="def1-30-19100718" type="occupation" value="painter"/>
<hi rend="largeCaps">HERSCHFIELD</hi>, Sam (32, painter)</persName>
<rs id="t19100718-30-offence-1" type="offenceDescription">
<interp inst="t19100718-30-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19100718-30-offence-1" type="offenceSubcategory" value="perjury"/>, committing wilful and cor
<lb/>rupt perjury.</rs> </p>
<p>Mr. Purcell and Mr. Green prosecuted; Mr. Coombe and Mr. Diggle defended.</p>
<xptr type="pageFacsimile" doc="191007180044"/>
<hi rend="smallCaps">
<persName id="t19100718-name-167" type="witnessName">
<interp inst="t19100718-name-167" type="gender" value="male"/>
<interp inst="t19100718-name-167" type="surname" value="CRANKSHAW"/>
<interp inst="t19100718-name-167" type="given" value="ARTHUR EDWARD"/>ARTHUR EDWARD CRANKSHAW</persName> </hi> proved the depositions taken before the magistrate at Old Street on May 16 and 24 in a charge of arson against Josephson and Goldstein.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-168" type="witnessName">
<interp inst="t19100718-name-168" type="gender" value="male"/>
<interp inst="t19100718-name-168" type="surname" value="JOSEPHSON"/>
<interp inst="t19100718-name-168" type="given" value="JOSEPH MARCUS"/>JOSEPH MARCUS JOSEPHSON</persName> </hi>, 85, Croydon Road, Plaistow, builder. I came to England in the year 1890. My father is rabbi in the Government of Minsk, Russia. I have taken out patents for improve
<lb/>ments in building out of which in the year 1908 I made over £5,000. I was convicted at this Court in 1892 and sentenced to 10 years' penal servitude. Afterwards, as the result of a petition, I was released as a free man. I started as a builder with money sent by my father. I enjoyed the respect of my co-religionists, and at the time the fire occurred at the Jewish Synagogue I had £13,000 worth of work in hand. In 1905 I was secretary to a company. A charge of fraud was brought against me in connection with goods bought by that firm. I was the only one caught; the others escaped. On the advice of my counsel I pleaded guilty. Shortly afterwards my employer wrote from America exonerating me from all blame. I pleaded guilty because my counsel said I had no earthly chance to get acquitted on account of my past. I was sentenced to two years' hard labour. My family, who are all very rich, wanted me to go to some other country and start afresh, but I have sworn I will never leave this country until I am in a position to prove my innocence. As a builder I be-came bankrupt to the amount of £300. I have paid off £280. (To the Judge. Owing to people like Silverman and prisoner blackmailing me I was continually losing money.) I have settled on my wife out of the £5,000 £1,500 because she assisted me in getting out my patents. I was not a partner in any way with Goldstein last year. I had no work at the Wilkes Street Synagogue. I did not give prisoner direc
<lb/>tions to do repairs there. I did not say to him, "It is good that you work outside." It is not true that Goldstein said in my hearing to prisoner, "Here is 5s., go and buy the material" on the day of the fire, or that at 9 p.m. I was at Wilkes Street with Goldstein. Prisoner was in my employ before November 18, but not at Wilkes Street. I had to find fault with him as a worker. He repeatedly asked me for work. On the last occasion, Boxing-day, he said I must give him work or £30; if I did not he would give me five years. My wife shut the door. I did not hear it suggested that I was responsible for the burn
<lb/>ing of the synagogue until I was arrested and charged. The case was dismissed. I was at home on November 18 after 3 or 4 p.m. A Mrs. Birnberg called that evening. I have known her about eight years. She called about renting a house and paid £2 10s. deposit. I typed a receipt in her presence (Exhibit 5). A Mr. Simon Weinstein also called. He is a painter and decorator who works for me. He came about some work I had for him to do. There is an entry of that work in the book. On page 30 is an entry, "November 18, Everard asked for job, £1 5s." I cannot say when he made the signature to entry of November 18. Generally he signed when he called at the office. Weinstein came on November 18 to my house while Mrs. Birn
<lb/>berg was there. A postman brought some letters by the last post, one of which was from Dublin (letter read). Mrs. Birnberg was there</p>
<xptr type="pageFacsimile" doc="191007180045"/>
<p>then, I was going to see her off by the 'bus, and she waited while I typed a letter to my solicitors, Miller and Smith. There is an entry of that letter in my post-book. I saw Mrs. Birnberg off at about 10.15 p.m. When this charge was brought against me, Mr. Smith said the receipt I had given to Mrs. Birnberg was most important I looked at my letter-book to see what transactions I had done that day. I then went to Mrs. Birnberg. She produced the receipt. When the charge against me was dismissed at Old Street I consulted my solicitor, Mr. Margetts, as to prosecuting prisoner for perjury. I felt I would never be safe; besides, my father is a rabbi, and it is considered a greater crime than murder to burn a synagogue, and my family would not look at me unless I absolutely clear myself. I ten
<lb/>dered for the rebuilding of the synagogue, which tender was accepted. I assume it was the lowest. At that time I had another contract for £1,200. I returned the contract and the £300 which had been de
<lb/>posited because I considered it an honour for the community to en
<lb/>trust with sacred building a man with a bad record like myself, and it helps to clear my character. The synagogue contract was £850, including fittings. The remains of the old synagogue were removed and stored at my yard, and are still there. They were there when the charge of arson was brought. I offered the material for examination. It was taken away. It has been returned.</p>
<p>Cross-examined. The accusation against me when I was convicted in 1892 was that I wanted money from a man who had transactions with my wife. As a matter of fact, he wanted to take liberties with my wife, and I gave him a good thrashing, and I did not have the sense to make a proper statement at the time. I had no chance to do it. I brought the man to the Jewish Court, and according to Jewish law I could not give evidence, the same as I could not give evidence in the English Court, and according to our law he could not give evidence because he was accused of being in my place late at night. He did not appear, although he was called three times. He said he called at my place and my wife gave him something to drink, and he lost his senses and we put him in bed. He offered me money to go from this country. I said I could not go. He gave me a bill for £150, and six weeks afterwards said I had forged his signature and drugged him—first drugged him and extorted the signature. The Court said the signature was too good and a drugged man could not do it. I was convicted of the drugging and acquitted of the forgery. I was sentenced to ten years and my wife to 15 months. I served over seven years. When I came out my father sent me money, with which. I started building. I had a contract to build a branch of the Inter
<lb/>national Bank for £600. The manager financed me, and at the end of the job gave me a present of £10. The £5,000 I got from my parents was two years ago, and since then my troubles commenced. The charge brought against me in 1909 was originally for obtaining credit without disclosing the fact that I was a bankrupt. I did not obtain credit at all; it was the firm. That charge was withdrawn, and I was charged with conspiring to defraud creditors—a long firm business. They made debts of about £500, and went away to New York to open</p>
<xptr type="pageFacsimile" doc="191007180046"/>
<p>another branch, I understood. I was manager for the firm. Counsel advised me to plead guilty, as I would get an easier sentence, and I did. I employed prisoner before he worked at the synagogue. Gold-stein recommended him to me. He was not under my orders at the synagogue. That work was nothing to do with me. I understand he was employed by Goldstein from the evidence. I knew nothing about it before. The last work he did for me was in September, when the Building Society foreclosed on my wife's property. Goldstein and I have never been partners. My wife bought the property from Gold
<lb/>stein's father in September, 1908. That is the first transaction I had with Goldstein. The warden of the synagogue asked me to tender for the work at the synagogue. When I saw there was only about £20 worth of work I said it was too small and would not suit me. It is absolutely untrue that I owed prisoner money. This is prisoner's receipt for £49 9s. 3d. I would give him money every week according to the work he did, and when he finished the work at Humberston Street he was not satisfied with what I had given him. I told him to make up an account of what I owed him and I would pay him. He then brought this account, and I paid him. This was in August last. At the police-court he said this stamp was taken off another receipt, which shows to me clearly that he had in his mind, knowing my past, to give me a false receipt and bring a false charge against me. Luckily I got receipts independent of this for every penny I had given him. I agree that the stamp looks as if it had been removed, and say that he must have defrauded the revenue. I did not see pri
<lb/>soner on the Sunday before the fire. Sunday is the day I do my type-writing work. I do not work on Saturday. I might be at the synagogue on Sunday evenings but not in the morning. Goldstein lives a few doors from it. I might have been at Wilkes Street on the morning of the fire, but not in the afternoon or evening. I am going to prove that. I believe I was at Miller and Smith's office on the afternoon of the 18th as well as on the 19th and 20th. If your wit
<lb/>nesses say they saw me at the synagogue in the afternoon of the 18th that would be untrue; if I had been I would go to Mr. Goldstein's. I had important letters to answer which I wrote that afternoon at home The letter and postage books will prove it. Mrs. Birnberg came about 9 p.m. I had asked her to call, but did not know she was coming that day. She is an acquaintance, and calls occasionally. She now lives in No. 9, Everard Street. She first moved into No. 13, on the understanding that she had No. 9 when it was ready, as it was more suitable for a shop. On November 18 she paid me £2 10s. deposit. This was three months before she moved in. I gave her a receipt that evening, which I typed in her presence. A workman named Weinstein also called that evening, and stopped from about seven to nine. He stayed in the kitchen till I sent for him, while Mrs. Birnstein was in the office talking to my wife. I kept Weinstein waiting because I had something else to do. I gave him orders as to what to do, fixed the price, and entered it in the book. I do not know if the signature of his in the book was made that night. When I pay a workman money I take his signature for it in my note-book, and afterwards when I go</p>
<xptr type="pageFacsimile" doc="191007180047"/>
<p>through their accounts at the office they compare my note-book with them and sign. He would not sign till he was paid. In this book November 18 has been crossed out and December 18 written. I made an error as to the date of payment. It is only a book for myself. I first remembered that Mrs. Birnberg came on November 18 when I looked at my letter-book. I went round to her and looked at the receipt. I did not take it away. I next saw it in Mr. Margett's office.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-169" type="witnessName">
<interp inst="t19100718-name-169" type="gender" value="female"/>
<interp inst="t19100718-name-169" type="surname" value="BIRNBERG"/>
<interp inst="t19100718-name-169" type="given" value="HENRIETTA"/>HENRIETTA BIRNBERG</persName> </hi>, 9, Everard Street, E. I took the premises in January, 1909. On November 18 I paid £2 10s. deposit to Mr. Josephson. Exhibit 5 is the receipt he gave me that day at 85, Croydon Road, Plaistow. He typed it himself in my presence. I was there from 8.20 to 8.30 p.m. till 10. Simon Weinstein was there at the same time. I did not know him then. While I was there the postman came and a letter was given to Mr. Josephson. He opened it and read it. He was going to see me to my 'bus, and asked me to wait while he typed an answer. I believe he typed it. Mr. Josephson was in the house the whole of the time I was there. I took the receipt home and put it in a desk, which I lock up in a box. I saw an account of the prosecution of Mr. Josephson in the newspaper. After that he came to see me, and asked if I remembered November I could not, but I fetched the receipt, and saw it was the 18th I kept the receipt till I handed it to Mr. Margetts.</p>
<p>Cross-examined. I have known Mr. and Mrs. Josephson a lone time. Six years ago I lived with them for about a year. He asked me to come and see him about the house I was taking in Everard Street when I had got time, not on this particular evening. He said this at his house about two weeks before November 18. I used to go there sometimes on Saturdays and Sundays and in my slack time. I have not been there since November 18—perhaps I was once. I went to live at 13, Everard Street, in January. I moved afterwards to No-9. I paid £20 a year rent, £113s. 4d. a month for No. 9. I did not pay rent for the month I was at No. 13. I paid the deposit as early as November 18 because I wanted to be certain of getting the house. I took some shares in Mr. Josephson's company two years before. I took some others about two months before November 18.</p>
<p>(Thursday, July 21.)</p>
<hi rend="smallCaps">
<persName id="t19100718-name-170" type="witnessName">
<interp inst="t19100718-name-170" type="gender" value="female"/>
<interp inst="t19100718-name-170" type="surname" value="BIRNBERG"/>
<interp inst="t19100718-name-170" type="given" value="HENRIETTA"/>HENRIETTA BIRNBERG</persName> </hi>, recalled, further cross-examined. I remem
<lb/>ber josephson being in business in Gray's Inn Road. I did not help him in his business. I used to take food to him. When he was pro
<lb/>secuted there was no question arose as to some account books. I did not take or keep any of them. Between November 18 and going to 9, Everard Street I was earning my living as a tailoress. I earned sometimes 8s. a week, sometimes 6s. When I took 9, Everard Street, I had £30. My cousin kept it for me. (At the request of the Judge the witness wrote the name on a piece of paper, Josephson wrote the same name when required.) Every few weeks I would receive out of</p>
<xptr type="pageFacsimile" doc="191007180048"/>
<p>that money perhaps 10s. I had £22 left. I shall draw that when the shop opens in a week or two.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-171" type="witnessName">
<interp inst="t19100718-name-171" type="gender" value="male"/>
<interp inst="t19100718-name-171" type="surname" value="LEWIS"/>
<interp inst="t19100718-name-171" type="given" value="THOMAS"/>THOMAS LEWIS</persName> </hi>, managing clerk to Miller and Smith, solicitors, Salters' Hall Court, E.C. Exhibit 6 is a letter to my firm from Mr. Josephson. It enclosed a letter from Ireland. I opened it on the morning of November 19. There is an entry in our call-book that he called on the 19th at 2.30. He said he had arranged with the telephone company to communicate with our office from Ireland, and asked if he could use our telephone. He said the message would come about midday on the 20th. The message did not come through because our telephone was not in order. We had a demand for payment from the telephone company for the call, which we have not paid.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-172" type="witnessName">
<interp inst="t19100718-name-172" type="gender" value="male"/>
<interp inst="t19100718-name-172" type="surname" value="WEINSTEIN"/>
<interp inst="t19100718-name-172" type="given" value="SIMON"/>SIMON WEINSTEIN</persName> </hi>, 11, Everard Street, painter and decorator. I have known Mr. Josephson 15 months, and work for him. I went to 85, Croydon Road, one evening five or six weeks before Christmas saw Mrs. Birnberg there. I did not know her name then. I left at 9.15. Mrs. Birnberg was still there. I went there to get money and a job. I got the job but no money. The job was some work at 17, Everard Street. (Entry of November 18 in Exhibit 2 shown to witness.) I cannot remember when I wrote my name in that book. I signed when I got the money and the work had been done.</p>
<p>(Friday, July 22.)</p>
<hi rend="smallCaps">
<persName id="t19100718-name-173" type="witnessName">
<interp inst="t19100718-name-173" type="gender" value="male"/>
<interp inst="t19100718-name-173" type="surname" value="HERSCHFIELD"/>
<interp inst="t19100718-name-173" type="given" value="SAM"/>SAM HERSCHFIELD</persName> </hi> (prisoner, on oath). I live at 72, Humberstone Street, E. I have been in this country nine years. I have never been convicted. I have known Josephson about two years. I was introduced to him by Goldstein. I have worked at the synagogue for Josephson before this job. Just before the fire I was employed to do work at the synagogue by Josephson and Goldstein. I did £70 to £80 worth of work there before the fire. In October he owed me £30. The work was rendered necessary, they told me, because they had orders from the district surveyor as to 87 to 93, Wilkes Street to do underpinning and repairs. I agreed with them to repair and repaint those for £60. Johnson did the underpinning. There was a written agreement. Goldstein has it. I started work on the synagogue about three weeks before the fire. I was paid about £9 before the fire; that was for material. A week after I started they came and said there is a misfortune and they do not know what to do, they have examined the synagogue, and they wished to make arrangements with me to make an end. Goldstein said, "I am afraid in case Hirschfield gives us away." Josephson arranged the plan. I was to be sent outside to work in order that the public should think my lamp exploded. I used a paraffin lamp to burn the paint off. Then they went away I was surprised; I did not know at the time what they meant. He being the master I had to carry out his instructions. When they saw me walking outside they said, "It is very good that you are working</p>
<xptr type="pageFacsimile" doc="191007180049"/>
<p>outside." On the day of the fire I went there at 7 a.m. I waited till they arrived; I wanted money for materials. They came at Goldstein gave me 5s. I wanted paraffin for burning off the paint and methylated spirit to warm the lamp till I could light it. He said I should not buy everything at one shop because I won't be served with so much inflammable material. I went first to a shop at the corner of Castle Street, Aldgate, and then to 52, Brick Lane. I bought half a gallon of paraffin at each place. After that I bought one gallon at Humberston Street. I brought it back to the synagogue. Goldstein tore up the bills. I was burning off the paint from 12 till four; then Goldstein came and said, "Go home and have your tea and come back about nine." I asked why. He said, "We cannot go on with the work because we have a meeting to-night to distribute bread to the poor." The meeting was at the synagogue. I had never worked at 9 p.m. before; six was my time for leaving off. I did not think it was work I was wanted to do. I thought he would give me money to pay the workman. I had no idea to what use the paraffin was going to be put. I thought it was a joke. I came back about ten to nine. I found Josephson and Goldstein at Goldstein's shop, three doors from the synagogue. They called me over and said, "The meet
<lb/>ing will soon be over, and we shall make an end of it." Then Gold-stein asked Josephson if it would not be advisable to take out the scrolls of the law. Josephson said, "Don't touch anything in case the fire will be extinguished by the fireman and after a search the scrolls will not be found and they will come to the conclusion that somebody must have done it." Then he winked at me. Josephson said, "It is all right; I know how to fix the thing properly." When the meet
<lb/>ing was over we three went into the synagogue. Josephson went into the gallery and opened the stopcock in the middle of the big chande
<lb/>lier. Goldstein put the methylated spirit and paraffin on the floor and the seats that were piled up, and called to Josephson, "Are you ready." Josephson said "Yes." Goldstein lit the floor with a candle and Josephson ran out and went home. Goldstein told me not to go home, I could go over the other and he will come back in an hour or two.</p>
<p>Judge Rentoul. What is the explanation of Goldstein not being called.</p>
<hi rend="smallCaps">GREEN</hi>. Your Lordship said to Mr. Purcell of the opening day that so far as Goldstein was concerned you did not think Goldstein could corroborate Josephson or Josephson coroborate Goldstein. So far as the allegations of perjury as affecting Josephson and Goldstein are concerned the only persons who could speak to those would be Josephson and Gold-stein We therefore thought it right, having regard to your Lord-ship's suggestion, to abandon those allegations and abandon all the paragraphs that were necessary to those allegations.</p>
<p>Examination resumed. When they started pouring out the paraffin and methylated spirits I was astounded. They told me what they were going to do, but I would not believe them. Goldstein told me to go away and come back because I was in a very nervous state, and</p>
<xptr type="pageFacsimile" doc="191007180050"/>
<p>so that people should not notice anything wrong with me. I did not see Josephson again that night. When I came back the fire engines were working at the synagogue. The firemen asked Goldstein who was the landlord; he said his father-in-law was. The fireman asked if he was insured, and he said, "No." I was going to tell the police when I had got my money. On the morning of the fire they told me I should be paid all my money, the £30 owing and the £60, the con
<lb/>tract price for the work I was doing then. Immediately after the fire I said, "How can you burn down the synagogue"; they said "Look at the religious man." They had to hold me because I nearly fainted. The following morning Goldstein gave me £2, and said as soon as they got the insurance money I should get my money and this £2 would not be counted. I saw Josephson many times after the fire at Gold
<lb/>stein's shop. They had a case on with Lord Huntly, from which they expected to get money, and I was promised payment out of that or the fire insurance, whichever came in first. I told them I could not work, the scene of the fire was always before me, and my conscience pricked me. For three months Goldstein did not let me work but took me with him wherever he went. Josephson told Goldstein to do it. The first man I told was Silverman; he told the police.</p>
<p>Cross-examined. I did not know till nine o'clock that they were going to fire the synagogue. Had I known it before I would have gone to the police. Up to then I thought they were joking with me. They suggested the fire three weeks before, when I started burning off the paint. They said I should not burn the paint off inside but out
<lb/>side. I do not recollect whether anything more was said about the fire until the Sunday before the fire. I heard Josephson say to Gold-stein, "The best thing that could happen was that the synagogue should go away in a flame." I believed then it was a joke. I heard Josephson say to Goldstein, "Ask him to get the stuff in order that the place could be got rid of." Goldstein gave me 5s. to get the stuff. I made no answer the whole time. I asked Goldstein in a jocular way, "If you intend to do this what will I have?" He said, "You will get your £60 for the work." The statement I made at the police court about being hard up and working for 5s. a day referred to after the fire. They could not understand properly at Old Street. I went to see Silverman because he was my neighbour. I did not know he had quarrels with Josephson. The bankruptcy proceedings by Silverman against Goldstein were after the fire. I was there as a witness for Goldstein. I do not know if Silverman was prosecuted for perjury. I do not know how many times he has been convicted The reason I have not said before that I was so overcome that Joseph son and Goldstein had to hold me up is that I had not been asked. I told my wife. I said at the police court that Goldstein lit the stuff with a candle and I was watching so that people should not see, and after the fire started the three of us went out. I did not know what I was standing at the door for until the last minute. Goldstein asked me to watch. He did not say he was going to make the fire.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-174" type="witnessName">
<interp inst="t19100718-name-174" type="gender" value="male"/>
<interp inst="t19100718-name-174" type="surname" value="COHEN"/>
<interp inst="t19100718-name-174" type="given" value="LEWIS"/>LEWIS COHEN</persName> </hi>, 30, Oxford Street, E. Prisoner is my brother-in-law. Just before the fire I wanted to borrow some steps. I went to</p>
<xptr type="pageFacsimile" doc="191007180051"/>
<p>Mr. Goldstein's. I could not get what I wanted from him and went to prisoner's house. His wife told me he was in Wilkes Street. I went there and found him at the baker's shop with Goldstein and Josephson. This was about 8 to 9 p.m. I could not work that night as I did not get the steps. I went for them next morning, and they were burnt.</p>
<p>Cross-examined. I saw Mrs. Hirschfield at 7 p.m. Prisoner told me to come in the morning as he was busy. Josephson had on an over-coat and cap, also an umbrella. I did not notice anything else. Pri
<lb/>soner first asked me what I recollected about this night at the trial at the police court.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-175" type="witnessName">
<interp inst="t19100718-name-175" type="gender" value="male"/>
<interp inst="t19100718-name-175" type="surname" value="FOGALL"/>
<interp inst="t19100718-name-175" type="given" value="SIMON"/>SIMON FOGALL</persName> </hi>, 79, Nelson Street, E. I worked for Mr. Goldstein as foreman baker. I was working there the night of the fire till nine or ten Friday morning. Goldstein assists the workmen in the bake-house. The last I saw of him on the Thursday was at 8 p.m. I know Josephson well. He was at the shop on Thursday at half-past three. I saw him several times that day in the shop. The last time I saw him would be about 8 p.m. I saw Goldstein after the fire. I cannot remember if I saw Josephson.</p>
<p>Cross-examined. I read the case in the paper and went to the court out of curiosity. Somebody at the police court, while Goldstein and Josephson were being tried, asked me as to seeing Josephson on the night of the fire, and I told him.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-176" type="witnessName">
<interp inst="t19100718-name-176" type="gender" value="male"/>
<interp inst="t19100718-name-176" type="surname" value="STONE"/>
<interp inst="t19100718-name-176" type="given" value="JOHN"/>JOHN STONE</persName> </hi>, solicitor's clerk. I was near the synagogue on the night of the fire with a Mr. Pask. I have known Josephson some years. My principal defended him. I saw him that night about nine o'clock, outside Goldstein's. I pointed him out to Mr. Pask as a man with a certain career. We went on to see a Mr. Silver
<lb/>man. Next night we went to see him again, and then I heard of the fire.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-177" type="witnessName">
<interp inst="t19100718-name-177" type="gender" value="male"/>
<interp inst="t19100718-name-177" type="surname" value="PASK"/>
<interp inst="t19100718-name-177" type="given" value="ARTHUR"/>ARTHUR PASK</persName> </hi>, traveller to W. Ashton, Chancery Lane. I was with last witness on the night of the fire. He pointed out Josephson to me between 8 and 9 p.m. in Quaker Street, which is off Wilkes Street. I have seen Josephson since in Aldgate and here. I think he had on a cap and overcoat that night.</p>
<p>Cross-examined. I am here on subpoena. Stone is not a relative or a friend. I know Silverman. He did not speak to me about giving evidence in this case.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-178" type="witnessName">
<interp inst="t19100718-name-178" type="gender" value="male"/>
<interp inst="t19100718-name-178" type="surname" value="SILVERMAN"/>
<interp inst="t19100718-name-178" type="given" value="ISAAC"/>ISAAC SILVERMAN</persName> </hi>, 48, Hare Street, Bethnal Green. I have a shop near Wilkes Street. On the night of the fire Mr. Stone and Mr. Pask came to my shop at nine to quarter past nine.</p>
<rs id="t19100718-30-verdict-1" type="verdictDescription">
<interp inst="t19100718-30-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19100718-30-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<xptr type="pageFacsimile" doc="191007180052"/>
<hi rend="smallCaps">BEFORE THE</hi>
<hi rend="largeCaps">RECORDER</hi>.</p>
<p>(Thursday, July 21.)</p> </div1>
<div1 type="trialAccount" id="t19100718-31">
<interp inst="t19100718-31" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-31" type="date" value="19100718"/>
<join result="criminalCharge" id="t19100718-31-charge-1" targOrder="Y" targets="def1-31-19100718 t19100718-31-offence-1 t19100718-31-verdict-1"/>
<join result="criminalCharge" id="t19100718-31-charge-2" targOrder="Y" targets="def2-31-19100718 t19100718-31-offence-2 t19100718-31-verdict-1"/>
<persName id="def1-31-19100718" type="defendantName">
<interp inst="def1-31-19100718" type="gender" value="male"/>
<interp inst="def1-31-19100718" type="age" value="24"/>
<interp inst="def1-31-19100718" type="surname" value="COTTER"/>
<interp inst="def1-31-19100718" type="given" value="GEORGE"/>
<interp inst="def1-31-19100718" type="occupation" value="labourer"/>
<hi rend="largeCaps">COTTER</hi>, George (24, labourer)</persName>, and
<persName id="def2-31-19100718" type="defendantName">
<interp inst="def2-31-19100718" type="gender" value="male"/>
<interp inst="def2-31-19100718" type="age" value="28"/>
<interp inst="def2-31-19100718" type="surname" value="COTTER"/>
<interp inst="def2-31-19100718" type="given" value="THOMAS"/>
<interp inst="def2-31-19100718" type="occupation" value="dealer"/>
<hi rend="largeCaps">COTTER</hi>, Thomas (28, dealer)</persName>, both
<rs id="t19100718-31-offence-1" type="offenceDescription">
<interp inst="t19100718-31-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19100718-31-offence-1" type="offenceSubcategory" value="robbery"/>robbery with violence upon
<persName id="t19100718-name-181" type="victimName">
<interp inst="t19100718-name-181" type="gender" value="male"/>
<interp inst="t19100718-name-181" type="surname" value="WATTS"/>
<interp inst="t19100718-name-181" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-31-offence-1 t19100718-name-181"/>George Watts</persName> and stealing from him £2 4s. and one ring.</rs> </p>
<hi rend="smallCaps">
<persName id="t19100718-name-182" type="witnessName">
<interp inst="t19100718-name-182" type="gender" value="male"/>
<interp inst="t19100718-name-182" type="surname" value="WATTS"/>
<interp inst="t19100718-name-182" type="given" value="GEORGE"/>GEORGE WATTS</persName> </hi>, 182, Grange Road, Plaistow, collector of rents. On July 1, at 10.40 p.m., I went with the witness Ward to the "Sultan" beerhouse, Plaistow, when I saw the two prisoners, both of whom I knew, and I immediately left. As I came out from the door George Cotter struck me a blow at the back of my head; and he with others dragged me into the middle of the road. A man named Collier was there. I was knocked down, and George Cotter got on top of me. I was kicked on the body, shoulders and head, and became unconscious. Two persons picked me up, and I found that £2 4s. of my employer's money, consisting of a sovereign, two half-sovereigns, and four separate shillings, was taken from my left trousers pocket, and a gold ring from my finger. I got to the corner of Grange Road and blew my whistle, when George Cotter attempted to hit me again. I got away blowing my whistle. On July 2 I went with the police to 20, Lower Road, where I saw George Cotter in bed. I identified him as the man who had attacked me, and he was taken into custody. I did not know either of the prisoners until I saw them in the public house.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-183" type="witnessName">
<interp inst="t19100718-name-183" type="gender" value="male"/>
<interp inst="t19100718-name-183" type="surname" value="WARD"/>
<interp inst="t19100718-name-183" type="given" value="JOHN"/>JOHN WARD</persName> </hi>, 128, Upper Road, Plaistow, plumber. On July 1, at 10.40 p.m., I went with prosecutor to the "Sultan" where I saw George Cotter among 20 other people. He called prosecutor a broker's man, using a foul expression. I had a drink, went to the urinal, and left the house, when I saw prosecutor lying in the road-way, with George Cotter on top of him, Collier and two others kicking ing him. Prosecutor's face was bleeding, and with assistance I got him up, the men running away. I did not see Thomas Cotter. I knew both prisoners by sight.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-184" type="witnessName">
<interp inst="t19100718-name-184" type="gender" value="male"/>
<interp inst="t19100718-name-184" type="surname" value="JAMES"/>
<interp inst="t19100718-name-184" type="given" value="GEORGE"/>GEORGE JAMES</persName> </hi>, 130, Grange Road, fish porter. On July 1, at 10.50 p.m., I saw prosecutor coming out of the "Sultan," when George Cotter struck him at the side of his head, and dragged him into the roadway. They both fell. Collier kicked prosecutor. Thomas Cotter was standing by his brother, and pulled prosecutor down as he tried to get up. George Cotter kicked prosecutor.</p>
<persName id="t19100718-name-185" type="witnessName">
<interp inst="t19100718-name-185" type="gender" value="male"/>
<interp inst="t19100718-name-185" type="surname" value="STURGEON"/>
<interp inst="t19100718-name-185" type="given" value="FREDERICK"/>
<hi rend="smallCaps">FREDERICK STURGEON</hi> </persName>, 490 K. On July 1 at 11.20 p.m. I was on duty in Hermit Road, when I heard a whistle and went to Grange Road. There was a large crowd there. I went to prose
<lb/>cutor's house; his face was covered with blood, he had a cut across the nose and his eyes were going black; he was somewhat dazed. Police-constable Jones took him to St. Mary's Hospital. On July 2 at 5 a.m. I went to George Cotter's house and found him in bed asleep. I told him to get up and dress; that I would arrest him for highway robbery with violence. He made no reply. On the way to the station he said Watts had bitten him on the left thumb, and said, "I admit striking him at the back of the head outside the 'Sultan.'"</p>
<xptr type="pageFacsimile" doc="191007180053"/>
<p>In reply to the charge he said, "I know nothing at all about the money or the ring, but I admit striking him in self defence."</p>
<p>Cross-examined. I did not mention the name of the prosecutor or the money or ring at George Cotter's house. I charged him with robbery with violence, and he at once came to the station. The station sergeant there charged him with robbing Watts and stealing from his person the money and ring. He replied, "I know nothing at all about the money or the ring, but I admit striking him in self defence."</p>
<persName id="t19100718-name-186" type="witnessName">
<interp inst="t19100718-name-186" type="gender" value="male"/>
<interp inst="t19100718-name-186" type="surname" value="JONES"/>
<interp inst="t19100718-name-186" type="given" value="RICHARD"/>
<hi rend="smallCaps">RICHARD JONES</hi> </persName>, 176 K. On July 1 I heard a whistle, went to Grange Road, and afterwards to prosecutor's house, and took him to the hospital. On July 5 at 6.30 p.m. I saw Thomas Cotter in the yard at the back of 74, Cleavers Road, East Ham, where he lives. I told him I should take him into custody for highway robbery with violence with another man, Collier, not in custody. I said, "You know about your brother George, he is in custody." He said, "I admit I was there, but the only thing I done was to try to get my brother away—to pull my brother away." When charged he repeated that statement.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-187" type="witnessName">
<interp inst="t19100718-name-187" type="gender" value="male"/>
<interp inst="t19100718-name-187" type="surname" value="COTTER"/>
<interp inst="t19100718-name-187" type="given" value="GEORGE"/>GEORGE COTTER</persName> </hi> (prisoner, not on oath). On July 1 I was inside the "Sultan" when prosecutor came in. I said, "Come in, Mr. Broker's Man." He turned round and said, "I don't know you—get out of my company." I walked away. He claimed me by the throat and I pulled his hand away. After that he struck me in the mouth. I struck him back in self defence on the back of the neck. He walked outside and pulled his coat off to fight me. I put my coat on and went home. I was indoors by 11 o'clock. The constables came round to my house at five in the morning. They told me they stood out there from eleven to five. They came into my room and said, "Come to the station." When they searched me I had only 6d. in coppers on me.</p>
<persName id="t19100718-name-188" type="witnessName">
<interp inst="t19100718-name-188" type="gender" value="male"/>
<interp inst="t19100718-name-188" type="surname" value="STURGEON"/>
<interp inst="t19100718-name-188" type="given" value="FREDERICK"/>
<hi rend="smallCaps">FREDERICK STURGEON</hi> </persName>, recalled. I searched George Cotter at the station and found upon him 6d. in bronze.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-189" type="witnessName">
<interp inst="t19100718-name-189" type="gender" value="male"/>
<interp inst="t19100718-name-189" type="surname" value="WATTS"/>
<interp inst="t19100718-name-189" type="given" value="GEORGE"/>GEORGE WATTS</persName> </hi>, recalled. My money consisted of a sovereign, two half-sovereigns, and four separate shillings. I sometimes act at broker's man. When George Cotter said, "Here is the broker's man," I walked out. I did not strike him. In the struggle he put his hand near my mouth and I bit it.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-190" type="witnessName">
<interp inst="t19100718-name-190" type="gender" value="male"/>
<interp inst="t19100718-name-190" type="surname" value="OSBORNE"/>
<interp inst="t19100718-name-190" type="given" value="ALBERT"/>ALBERT OSBORNE</persName> </hi>, 31, Suffolk Road, Plaistow, costermonger. On July 1 towards 11 p.m. I was in the "Sultan." George Cotter and prosecutor started rowing and fighting in the bar; they both got out side and struggled. Thomas Cotter tried to part them, and told his brother to go off home. As prosecuter went to walk away he was knocked down by Jack Collier, who punched and kicked him; I then went back to the public house, drank my beer up, and went home I did not do anything to assist prosecutor; there were about 20 people there.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-191" type="witnessName">
<interp inst="t19100718-name-191" type="gender" value="female"/>
<interp inst="t19100718-name-191" type="surname" value="GIBBS"/>
<interp inst="t19100718-name-191" type="given" value="SARAH ANN"/>SARAH ANN GIBBS</persName> </hi>, 34, Grange Road. I am 58 years of age. On July 1 at 10.45 p.m. I was passing the "Sultan," when I saw George Cotter and prosecutor rush out fighting. Collier came out with them</p>
<xptr type="pageFacsimile" doc="191007180054"/>
<p>Thomas Cotter parted his brother and took him away; he said, "Come along out of it and come home." Collier and prosecutor continued fighting; prosecutor was on the ground and I saw Collier put his foot to him; I could not say if he kicked him. Prosecutor got up and started blowing his whistle. I did not see George Cotter on the top of or kicking prosecutor.</p>
<p>Verdict (both),
<rs id="t19100718-31-verdict-1" type="verdictDescription">
<interp inst="t19100718-31-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19100718-31-verdict-1" type="verdictSubcategory" value=""/>Not guilty.</rs> </p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE COMMON SERJEANT</hi>.</p>
<p>(Wednesday, July 20.)</p> </div1>
<div1 type="trialAccount" id="t19100718-32">
<interp inst="t19100718-32" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-32" type="date" value="19100718"/>
<join result="criminalCharge" id="t19100718-32-charge-1" targOrder="Y" targets="def1-32-19100718 t19100718-32-offence-1 t19100718-32-verdict-1"/>
<persName id="def1-32-19100718" type="defendantName">
<interp inst="def1-32-19100718" type="gender" value="male"/>
<interp inst="def1-32-19100718" type="age" value="45"/>
<interp inst="def1-32-19100718" type="surname" value="CURTIS"/>
<interp inst="def1-32-19100718" type="given" value="CHARLES"/>
<interp inst="def1-32-19100718" type="occupation" value="builder"/>
<hi rend="largeCaps">CURTIS</hi>, Charles (45, builder)</persName>
<rs id="t19100718-32-offence-1" type="offenceDescription">
<interp inst="t19100718-32-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19100718-32-offence-1" type="offenceSubcategory" value="libel"/>, unlawfully making and publishing and causing and procuring to be made and published a certain false and defamatory libel of and concerning
<persName id="t19100718-name-193" type="victimName">
<interp inst="t19100718-name-193" type="gender" value="male"/>
<interp inst="t19100718-name-193" type="surname" value="HABERSHON"/>
<interp inst="t19100718-name-193" type="given" value="GEORGE REUBEN"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-32-offence-1 t19100718-name-193"/>George Reuben Habershon</persName>.</rs> </p>
<p>Mr. Leycester and Mr. Adrian Clark prosecuted.</p>
<p>The alleged libel was contained in a circular distributed by pri
<lb/>soner: "Important notice Charles Curtis will shortly write an account of his life, showing how he started, and the manner in which he was robbed by George Reuben Habershon, of Green's End, Woolwich, entitled 'How I was robbed by a Woolwich solid
<lb/>tor.'" Prisoner pleaded not guilty, and put in a plea of justifica
<lb/>tion, the principal particular in which was (in effect) that "prosecutor obtained my signature to a deed of release on the understanding that he should pay me £1,000 in cash; instead of paying me £1,000 he produced a statement purporting to show how £800 of such sum was expended, and gave me only £200."</p>
<hi rend="smallCaps">
<persName id="t19100718-name-194" type="witnessName">
<interp inst="t19100718-name-194" type="gender" value="male"/>
<interp inst="t19100718-name-194" type="surname" value="ROSEDALE"/>
<interp inst="t19100718-name-194" type="given" value="FREDERICK"/>FREDERICK ROSEDALE</persName> </hi>, 45, New Road, Woolwich, tailor. I am a tenant of Mr. Habershon's. On April 15 prisoner came to my shop be
<lb/>tween 5 and 6 p.m. with several type-written notices. He handed one to me (producing Exhibit 1) He said he was going to the Town Hall where there was a football meeting. He had 500 or 600 of these in his hand, and he was going to give them out there.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-195" type="witnessName">
<interp inst="t19100718-name-195" type="gender" value="male"/>
<interp inst="t19100718-name-195" type="surname" value="COHEN"/>
<interp inst="t19100718-name-195" type="given" value="CHARLES"/>CHARLES COHEN</persName> </hi>, Station Chambers, New Road, Woolwich. I am manager of the Woolwich Property Company, which belongs to the prosecutor. On the evening of April 15 I was in my office when pri
<lb/>soner called and handed me a type-written notice (Exhibit 2). He asked me to give it to Mr. Habershon, and I told him I would I have known prisoner for four or five years. He came to my office about three years ago with Habershon. He asked Habershon if he could have a share in the coffee tavern. Habershon said he could not. On another occasion (I do not recollect the date) the sum of £400 was mentioned—that if Habershon would" pay him £400 he would let him alone, or something to that effect.</p>
<p>Cross-examined by prisoner. I believe some of the houses used to belong to you. I would say the income of the coffee tavern would be perhaps £400. You did certain alterations, converting it into shops. I do not know how long you were on the job—some months</p>
<xptr type="pageFacsimile" doc="191007180055"/>
<p>or weeks, I cannot say. You were a master man over the people doing the work.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-196" type="witnessName">
<interp inst="t19100718-name-196" type="gender" value="male"/>
<interp inst="t19100718-name-196" type="surname" value="HALL"/>
<interp inst="t19100718-name-196" type="given" value="THOMAS"/>THOMAS HALL</persName> </hi>, hall keeper, Woolwich Borough Council. On the evening of Friday, April 15, there was a public meeting at the Town Hall in connection with the Woolwich Arsenal Football Club. While the public were assembling prisoner handed me a typewritten cir
<lb/>cular (Exhibit 3). He asked me to read it. After I had read it he asked me what I thought of it. I asked him then if he did not think he was sailing rather close to the wind in circulating literature of such description. He said, no, it was the truth, and added words to the effect that he would be rather glad if Mr. Habersbon would take action against him. He said he was having 250 others printed but he was rather afraid they would not be ready in time to be dis
<lb/>tributed among the people who were attending the meeting.</p>
<p>To prisoner. I remember your coming to the Town Hall some years ago to see a certain electric light. There were some alterations being made at the Assembly Rooms, so that they should give exhibitions of animated pictures, and to do that they would have to conform to certain County Council regulations as to light, and we had that parti
<lb/>cular kind of light. It was an ordinary gas jet, but with a special kind of box.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-197" type="witnessName">
<interp inst="t19100718-name-197" type="gender" value="male"/>
<interp inst="t19100718-name-197" type="surname" value="HABERSHON"/>
<interp inst="t19100718-name-197" type="given" value="GEORGE REIBEN"/>GEORGE REIBEN HABERSHON</persName> </hi>, 29 and 30, Green's End, Woolwich, solicitor. I practise in Woolwich and at Cannon Street. I have been a solicitor since 1892. The same of my firm is Habershon, Walts and Company. It has been in Woolwich for 50 years. I have known prisoner practically since I have been in Woolwich, namely, 18 years. Before 1903 my firm had done work for him as solicitors. I know him as being a person dealing in real property in Woolwich and the neighbourhood and doing building. He was a well-known property jobber in the dis
<lb/>trict. He did alterations and so on, but did not build for other people; he built for himself. In 1903 he informed me that he had agreed to purchase some freehold ground rents in Plumstead and was proposing to buy the ground rents and then buy the short leases of the houses and pull them down and build shops or private houses as the case might be. I was to find the money upon the terms that the profits should be divided between us and that all the law work in con
<lb/>nection in the matter should be passed through the office and done by my firm. The agreement was carried out, the freehold being pur
<lb/>chased and also the short leases. I found the money either myself or borrowed it on mortgage. The houses were pulled down and re
<lb/>built. From time to time some of them were sold and others mort
<lb/>gaged. All the moneys passed through me. I gave the cheques for the workmen's wages and materials and all other expenses. All pay
<lb/>ments were made by cheques which are still in existence. Prisoner would produce a statement every week of the amount of wages and I would give him a cheque for that amount, and if there were bills for materials and he said that so much was to be paid for such and such a person, I used to give him the money. Sometimes he produced the bills and sometimes not. He used to find buyers for the properties and</p>
<xptr type="pageFacsimile" doc="191007180056"/>
<p>the matter would be completed at the office, and I or the mortgages receive the purchase money. At that time I was perfectly friendly with prisoner and trusted him implicitly and he me. These operations extended from about 1903 to the beginning of 1907 when we completed the rebuilding of some premises in New Road, Woolwich. During that time prisoner would have cheques from me on account of his own profit; they would be drawn to him and the counterfoils would be so marked if they were on account of profits. The cheques are all here. The properties when purchased, would be sometimes in his name, sometimes in mine, and sometimes in our joint names. In 1907 a good many of them still stood in his name. They were all mortgaged except those we sold. In 1904 and 1905 I sent him accounts of the financial dealings with the firm and in 1907, when the work was prac
<lb/>tically finished, I had complete accounts made up in the office showing all the money transactions from the very start to the finish. They were made out by my clerks and a copy of them sent to prisoner. The balance-sheet showed a summary of all the accounts and what was left. Those accounts are here. About that time prisoner had had in cheques, on account of his profits, about £1,277. The amounts received as deposits passed through my hands and some of those were the only items about which there was any dispute. I did not receive those moneys; prisoner would sell the properties and receive the de
<lb/>posits I do not know what he has done with the deposits. They did not pass through my hands except on one or two occasions when they were paid to me, and they are shown, of course, in the accounts. These were the chief matters about which there were disputes. The amount involved in deposits was about £300 or £400. The amount of profits divided represented about £1,960 each. Prisoner admits hav
<lb/>ing had about £1,277. He was several days at my office inspecting the accounts with my clerks, and the accounts were rectified. I asked prisoner what values he thought should be put on the properties, and the values he suggested I agreed to. There was no disagreement at that time about the values. I wanted the settlement to be made hen the properties were ultimately disposed of, but he was very nxious to have money, and asked me whether I could let him have some, and ultimately I agreed to pay him this money, and he was to take over the houses in Plum Lane and I was to take over all the other houses at a price which had been fixed by us, and which had been placed in the balance-sheet. There were eight houses in Plum Lane; originally there were nine; we sold one for £275. Those eight houses were valued in the account at £250 each—£2,000. The Capital and Counties Bank had a charge on them of £1,923 at that time, which I had guaranteed to the extent of £400. The houses were in pri
<lb/>soner's name and the charge to the bank of the house, 21, Arthur Street, was included in the settlement. In regard to the Plum Lane houses, prisoner took them over at a price less than he paid for them, namely, £1,923. The partnership was out of pocket on those houses £75. I have spent a good deal of money on them in repairs. Pri
<lb/>soner received the rents of the Plum Lane houses. 21, Arthur Street, was bought by us. It was charged to the bank—I gave it to prisoner.</p>
<xptr type="pageFacsimile" doc="191007180057"/>
<p>It was valued in the accounts at £250. All the other properties came to me, subject to their mortgages. The out-of-pocket expenses which I found during the whole period ran into some thousands. Of course, some of the moneys would come back again as we sold the properties, I had found all the money which prisoner had on account of profits. He asked me to give him £1,000. I told him that under the balance-sheet he would not be entitled to anything like that; but, ultimately, I said I would give him £1,000, subject to the payments I had pre
<lb/>viously mentioned to him. This account shows what was due to him according to the balance-sheet as corrected in red ink (£662 2s. 0d.) These are the amounts paid in excess of those received. (The witness explained the figures.) In addition to the £682 there was due to defendant £50, profit or commission which I agreed to pay him on his buying the "Duke of Connaught" coffee tavern, and I agreed to pay him £1,000, in the way shown by that statement, to include every
<lb/>thing. I sent him a letter of June 13, 1907: "Dear Sir,—As men
<lb/>tioned to-day I enclose a list of the purchase moneys still outstanding, amounting to £228 12s. 0d. There were certain charges on the Land Register for all of them, except the first two items. I cannot be troubled to collect these moneys, especially as some of them are not registered in my name. I will, therefore, deduct the amount from the moneys I am going to pay you and you can collect them when you like. There are several other items that will have to be adjusted," etc. The "purchase moneys still outstanding" were in respect of properties sold; but not completely paid for. This is a copy of the list enclosed. 1904 has nothing to do with this matter but some older matter. Only the first sheet of that was enclosed in the letter. Eus
<lb/>tace Habershon is my brother, an architect. He did the architectural and surveying work for the partnership property and also for property of which prisoner was the owner. The amount that he took into account was about £50. I have the accounts with my papers. £33 12s. is the amount due to Eustace Habershon (prisoner's share). The £228 12s. 0d. was payable by instalments. On July 17, 1907, pri
<lb/>soner met me at my office, when a release and receipt were signed by him. Some of the transactions were in Mrs. Curtis's name. She was living at Southport and did not come up to sign this deed. This is prisoner's receipt for the £1,000: "Received of Mr. G. N. Haber
<lb/>shon balance of £200 in full settlement. Charles Curtis. July 17, '07." The £228 12s. 0d. is money still due to me and prisoner in respect of properties we had sold, and such were neither in his nor his wife name. One of these cheques was in the joint names of pri
<lb/>soner and myself. A solicitor, acting for prisoner, a few weeks after the settlement came in and asked me to sign a transfer into prisoner's name entirely, which I did. I do not know whether prisoner has collected the moneys, He said there were a few amounts—£20 or £30—that had still to be paid. As a matter of fact, I have had to pay £124 odd. In regard to the Kent Reliance Building Society, prisoner when he called at my office, shortly before the settlement, told me he had a claim from the society for £75, moneys due from him for arrears of instalments on mortgages on his private property, and he asked</p>
<xptr type="pageFacsimile" doc="191007180058"/>
<p>me if I would pay the £75 to the society out of the moneys I was going to pay him; this I did, as on previous occasions. That property had nothing to do with the partnership. This is a statement setting out what the arrears were, in the secretary's writing. I should say I got it from prisoner. As to the item, Capital and Counties Hank £400, when the Plum Lane property was purchased it was purchased in pri
<lb/>soner's name and mortgaged by him to the Capital and Counties Bank with a covering guarantee from me of £400. Before the settlement, at our interviews, I told prisoner I could not complete the final settlement unless I was released from my liability under the £400 guarantee, and he was trying to arrange a private mortgage at the time of the settle
<lb/>ment so as to pay off the bank, but the arrangement was not com
<lb/>pleted: so I told him I would pay the £400 into his account at the Capital and Counties Bank, and at the time of settlement I drew a cheque for £400, and went with the defendant to the bank and saw the manager, and the cheque was endorsed by prisoner and paid into his account. The next item is £50 which prisoner had on account of the £1,000 a few days before, when he came up from Southport. These are the cheque and receipt (produced): "Received of Geo. N. Haber
<lb/>shon the sum of £50 on account of moneys payable to me on the settle
<lb/>ment of property transactions; 7 July, 1907." When I signed the release I told him I had now got the deed ready about which he had called previously, and that it was in full discharge of all moneys be
<lb/>tween us. He said, "That is all right." I gave it to him to read. He said, "That is all right; I don't want to read it." The amounts paid to my brother and to the Kent Reliance Building Society were not paid by individual cheques, but in account. The building society trans
<lb/>action was complicated. When prisoner refused to read the deed I said, "You must know what is in the deed; I shall read it right through," and I did so, explaining its effect. He signed it and my clerk witnessed it. At the same interview prisoner signed the re
<lb/>ceipt which has been put in. I went over the statement with him before reading the deed. He never raised any objection to the way in which the £1,000 was paid—we had arranged it all previously, and I then gave him a cheque for £200 and second charges for unpaid purchase money (£228 12s. 0d.), and he was perfectly satisfied, he executing the necessary deeds to transfer the properties to me. On June 30, 1908, I received a letter on his behalf from Messrs. Waltons, solicitors, stating that on a comparison of the accounts with prisoner's pass-books there appeared to be considerable differences in his favour, and asking for an appointment to go fully into the matter. I replied to Messrs. Waltons explaining that the whole of the matter had been settled on July 17, 1907, and I heard no more from them. In July, 1908, the houses in Plum Lane were put up for sale by auction by the bank. I was still liable on my guarantee for the £400. I instructed someone to buy the houses. Prisoner had allowed the property to depreciate. Some were let. I have not the figure here that I paid for them. I paid the bank £1,677. Prisoner was not in the auction room, but I saw him afterwards in the bar of the hotel, where the auc
<lb/>tion was held. He followed me out and walked by my side and said,</p>
<xptr type="pageFacsimile" doc="191007180059"/>
<p>"I shall follow you until you give me into custody," and he followed me to Mr. Cohen's office. He was very wild and excited and had been drinking. He said he would follow me to my private house and create a disturbance there. He followed me to the station and got into the train and out at an intervening station, but he did not come to my house. In Cohen's office he said if I would give him £400 he would not bother me any more. The next day I sent him a letter in the name of my firm. "16 July, 1908.—Habershon, Watts and Co. to Mr. Curtis. Sir,—We write on behalf of our Mr. G. N. Haber
<lb/>shon to firmly protest against your disgraceful behaviour to him last evening in following him about," etc. I had a letter on July 31 from Mr. Barclay Jones, a solicitor, acting on behalf of defendant. "Pri
<lb/>vate.—I have been consulted by Mr. Chas. Curtis, of Plumstead, with reference to the accounts you have rendered him," etc. I replied by letter of August 1, and there were further letters. No action was taken to set aside the release and I heard nothing more of it. In October' last Mr. Norman wrote to me on behalf of prisoner, but nothing came of it. I told all these solicitors that they were at liberty to come and see the accounts and ask anything they liked about them, and even after this prosecution was started. I instructed my clerk on June 21 to take the accounts to the office of Mr. Whittaker, the solicitor who then represented prisoner. It was never suggested, until this plea of justification, that I had cheated prisoner into signing the release by pretending I was going to give him £1,000 in cash, nor was it suggested that the "Duke of-Connaught" coffee tavern was a part
<lb/>nership transaction. I told him I would give him £50 commission if he bought. He paid a deposit of £165 and asked me to pay my cheque into his account to meet it, which I did on October 27, 1905, and I have the bank receipt for it (produced). I bought the coffee tavern, providing some of the money myself, and borrowing the rest from the bank. Prisoner had nothing to do with the borrowing. The bank manager is here. This is the charge (produced) dated January 22, I think I borrowed about £3,000 and paid off the bank and then gave the documents back again. The ground floor was converted into lock-up shops, the work being done by the partnership workmen, who were working a few yards away on a building in New Road, and the estimated cost (£600) was to be paid by me in instalments. Pri
<lb/>soner never suggested until the plea of justification that he was to have wages for that work. I had a letter from him dated October 15, in which he says, "You must admit you offered me £50, my full share in the coffee tavern, of which I have not yet received a penny," I answered on the same date, "Having paid you all money, which in
<lb/>cludes your profit in the coffee tavern, we cannot allow the matter to be reopened," etc., I appointed my manager when the coffee tavern was bought, granted all the leases, and paid all the heavy expenses in connection with it. Prisoner has never had anything to do with it. At a conversation in my manager's office (Mr. Cohen) at the end of 1905 or early in 1906 prisoner asked me whether I would not give him an interest in the coffee tavern. I said, "No, certainly not; I pur
<lb/>chased it on my own, I paid for it with my own moneys, bearing all</p>
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<p>the expenses, and I would keep it." I said, "I have given you an interest in the New Road shops." We charged for the law work done by our firm, which charges were inserted in the accounts. They amounted to £875 2s. 3d., including stamp duties and out-of-pocket expenses £214 6s. 9d., leaving a net amount of £660 15s. 6d., of which I paid half. I have prepared a statement of account in respect of each of the properties. According to scale the amount would have been £1,325 10s. 9d., including the sum out of pocket; that would be under the Solicitors' Remuneration Act. Prisoner has not taken any steps to have the bill taxed. If it were taxed I should be allowed the full scale.</p>
<p>To prisoner. I never said the coffee tavern cost £1,500—it was £1,650. It was £3,300 in all. £1,500 for the lease and £1,800 for the freehold. I paid for the freehold. I bought some property for £650 the same day, the total amount coming to £6,640. I asked you to bid for the freehold of the coffee tavern for me and you did buy for me, and the deposit came to £640 or £664, which I paid. I borrowed the money for the coffee tavern in the beginning of 1906. There was no cheque on joint account throughout the matter. I drew the cheques on my own account. Whatever moneys were received from the purchasers I received and paid into the bank. As property was sold the money was paid in. If you paid £5,000 out of your own pocket in 1901 it has nothing to do with me. These cheques were given to us and endorsed by us in 1901, but they had nothing to do with any of these transactions. I do not know what they relate to, but pro
<lb/>bably to matters of business my firm was completing. I do not think you had much money before you started with me. I have I.O.U.'s of yours, some dated 1901 and 1902. You may have had some money but you could not have had much for I lent you money in 1901 and 1902, and can produce the I.O.U.'s if you would like to see them. I should judge they were purchase money for properties you were deal
<lb/>ing in. There is nothing to show what they were for. I do not know that I had, £200 of your money in 1901 and 1902. I never had any transactions with you apart from ordinary professional matters prior to 1903. In regard to the coffee tavern I do not know why you should not have worked without receiving wages. You were getting the profits for New Road and were not paying me back any of the money. You were superintending the work. That is why you were getting an interest in the profits. It did not matter to you whether you were superintending the work in New Road or the Assembly Rooms. The amount relating to alterations of the coffee tavern was agreed at £600, which was to be debited against me in the accounts. I think I could have got it done for less than £600. At first I lost on it; when I bought I got no income from it. It was shut up and was no good, and that is why you bought it cheaply. I did not go the auction sale and buy it myself because I was acting as solicitor for some of the deben
<lb/>ture holders, and was also solicitor to the liquidator. It was sold by order of the Court, and I paid considerably more than I received My brother was partner at the time. The style of my firm has been altered two or three times in twenty years. The name was altered</p>
<xptr type="pageFacsimile" doc="191007180061"/>
<p>according to its construction. The cheque for deposit (£664) was on the London and Provincial Bank. I gave you my cheque to meet it. You also had an account there. The profit shown, of £2,000, went in wages and material to build. You brought an action against me in the county court, and withdrew on terms.</p>
<p>(Thursday, July 21.)</p>
<hi rend="smallCaps">
<persName id="t19100718-name-198" type="witnessName">
<interp inst="t19100718-name-198" type="gender" value="male"/>
<interp inst="t19100718-name-198" type="surname" value="HABERSHON"/>
<interp inst="t19100718-name-198" type="given" value="GEORGE REUBEN"/>GEORGE REUBEN HABERSHON</persName> </hi>, further cross-examined by prisoner Witness was pressed at length as to the transaction of July 17, 1907; he persisted in his story told in chief, and denied various suggestions made by prisoner (for which see prisoner's evidence, later). Witness denied prisoner's suggestion that he had refused to allow chartered accountants to go into the figures; on the contrary, he had repeatedly offered solicitors writing on behalf of prisoner to give every facility for an investigation, but nothing had ever come of it.</p>
<p>(Friday, July 22.)</p>
<hi rend="smallCaps">
<persName id="t19100718-name-199" type="witnessName">
<interp inst="t19100718-name-199" type="gender" value="male"/>
<interp inst="t19100718-name-199" type="surname" value="CURTIS"/>
<interp inst="t19100718-name-199" type="given" value="CHARLES"/>CHARLES CURTIS</persName> </hi> (prisoner, on oath) admitted the publication of the libel. (In a long examination of the accounts he endeavoured to show that certain properties, treated by prosecutor as his own, were in fact acquired on joint account; further, that prosecutor had debited him with exorbitant law costs. On the main point, as to the inter-view of July 17, 1907, prisoner's evidence was as follows.) I would not have signed the release except that prosecutor promised me £1,000 in cash. On this day I was with prosecutor in his office for nearly two and a half hours. I said, "Mr. Habershon, I am sick and tired of this."; he said, "So am I"; I said, "Is this all you are going to give me, £1,000 in cash; you know I am entitled to more; I put all my money into the concern; you keep working on that cash deficiency of £2,432 19s. 8d.; how can that be, when it shows a profit of just on £6,000; but rather than go to Court I will take it." Yet after I had signed the release, all he gave me was £200.</p>
<p>Cross-examined. Habershon read the release through to me before I signed it. I understood that I was to receive £1,000. I did not read the receipt before I signed it. I was so upset at only receiving the £200 instead of the £1,000 that I was absolutely lost. I never went to the police to complain that I had been robbed. I did commu
<lb/>nicate with the Incorporated Law Society; they sent me forms to fill up, and I did not go on with it as I had not the means. I have em
<lb/>ployed three or four solicitors over this matter, but have never brought an action against prosecutor.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-200" type="witnessName">
<interp inst="t19100718-name-200" type="gender" value="male"/>
<interp inst="t19100718-name-200" type="surname" value="SIMMONS"/>
<interp inst="t19100718-name-200" type="given" value="ROBERT"/>ROBERT SIMMONS</persName> </hi>, a clerk, not now in any employment, was called by prisoner to speak to his analysis of accounts furnished to him by pri
<lb/>soner (last night) in relation to the Slade property. It turned out that the accounts submitted to witness were the old uncorrected accounts.</p>
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<p>long before the settlement of July 27, 1907; and the witness could only prove additions and calculations on immaterial sets of figures.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-201" type="witnessName">
<interp inst="t19100718-name-201" type="gender" value="male"/>
<interp inst="t19100718-name-201" type="surname" value="PRIME"/>
<interp inst="t19100718-name-201" type="given" value="GEORGE ERNEST"/>GEORGE ERNEST PRIME</persName> </hi> (called by the prosecution). I am clerk to Mr. Habershon. On July 17, 1907, I was present when prisoner signed the receipt and release. Habershon called me into his room; he read the deed of release through to prisoner, explaining that it was a release from all moneys that might be due to him or his wife; pri
<lb/>soner replied, "That's all right," and signed the deed. I took it into my own room and attested it, so that I did not actually see pri
<lb/>soner sign the receipt. Previously, on 10 or 12 occasions prisoner had called at the office and gone through the accounts with me; many alterations were suggested and agreed upon; he never suggested any claim in respect of the "Duke of Connaught."</p>
<p>Cross-examined by prisoner. It is not the fact that at all our in
<lb/>terviews you left our office dissatisfied and rowing.</p>
<rs id="t19100718-32-verdict-1" type="verdictDescription">
<interp inst="t19100718-32-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-32-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty of publishing the libel; plea of justification not proved.</rs> </p>
<rs id="t19100718-32-punishment-30" type="punishmentDescription">
<interp inst="t19100718-32-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-32-punishment-30" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-32-19100718 t19100718-32-punishment-30"/>Three months' imprisonment, second division;</rs>
<rs id="t19100718-32-punishment-31" type="punishmentDescription">
<interp inst="t19100718-32-punishment-31" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19100718-32-punishment-31" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-32-19100718 t19100718-32-punishment-31"/>prisoner to pay the costs of the prosecution.</rs> </p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE COMMON SERJEANT</hi>.</p>
<p>(Thursday, July 21, and Friday, July 22.)</p> </div1>
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<hi rend="largeCaps">KINZETT</hi>, Abraham (55, bookseller)</persName>,.
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<hi rend="largeCaps">BOKENHAM</hi>, Philip Fleming (32, printer)</persName>,
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<hi rend="largeCaps">BOWDEN</hi>, Albert (29, caterer)</persName>,
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<hi rend="largeCaps">KELLY</hi>, Edward (56, hawker)</persName>,
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<hi rend="largeCaps">PUDDIFOOT</hi>, Arthur (29, printer)</persName>, and
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<hi rend="largeCaps">PUDDIFOOT</hi>, John Wesley (51, printer),</persName>
<rs id="t19100718-33-offence-1" type="offenceDescription">
<interp inst="t19100718-33-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19100718-33-offence-1" type="offenceSubcategory" value="fraud"/>conspiring and agreeing together to print and cause to be printed for sale divers books, to wit, "De Profundis," in which there was then subsisting copyright, with
<lb/>out the consent in writing of
<persName id="t19100718-name-208" type="victimName">
<interp inst="t19100718-name-208" type="gender" value="male"/>
<interp inst="t19100718-name-208" type="surname" value="ROSS"/>
<interp inst="t19100718-name-208" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-33-offence-1 t19100718-name-208"/>Robert Ross</persName>, the proprietor thereof; knowing such books to have been so unlawfully printed, did conspire to publish and sell and expose for sale and to cause to be published, sold and exposed for sale and to have in their possession for sale such books so unlawfully printed without such consent as aforesaid; conspiring to defraud, injure, and prejudice the said proprietor and to deprive him of the profits arising from the property of the said copyrights.</rs> </p>
<p>Mr. C. F. Gill, K.C., Mr. Muir, and Mr. Oddie prosecuted; Mr. Forrest Fulton appeared for Kinzett; Mr. Huntly Jenkins for Boken-ham: Mr. George Elliott, K.C., for Bowden; Mr. Louis Green for J. W. Puddifoot.</p>
<p>All the accused, except Arthur Puddifoot,
<rs id="t19100718-33-verdict-1" type="verdictDescription">
<interp inst="t19100718-33-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-33-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>. Against Arthur Puddifoot
<rs id="t19100718-33-verdict-2" type="verdictDescription">
<interp inst="t19100718-33-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19100718-33-verdict-2" type="verdictSubcategory" value="noEvidence"/>no evidence was offered, and a verdict of Not guilty was entered</rs>. Bokenham and J. W. Puddifoot confessed to previous convictions.</p>
<xptr type="pageFacsimile" doc="191007180063"/>
<p>Sentences: Kinzett,
<rs id="t19100718-33-punishment-32" type="punishmentDescription">
<interp inst="t19100718-33-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-33-punishment-32" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-33-19100718 t19100718-33-punishment-32"/>Two months' imprisonment, second division</rs>; Bokenham,
<rs id="t19100718-33-punishment-33" type="punishmentDescription">
<interp inst="t19100718-33-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-33-punishment-33" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-33-19100718 t19100718-33-punishment-33"/>six months' imprisonment</rs>; Bowden,
<rs id="t19100718-33-punishment-34" type="punishmentDescription">
<interp inst="t19100718-33-punishment-34" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19100718-33-punishment-34" type="punishmentSubcategory" value="fine"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-33-19100718 t19100718-33-punishment-34"/>fined £20</rs>; Kelly,
<rs id="t19100718-33-punishment-35" type="punishmentDescription">
<interp inst="t19100718-33-punishment-35" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19100718-33-punishment-35" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def4-33-19100718 t19100718-33-punishment-35"/>released on his own recognisances in £10 to come up for judgment if called upon</rs>; J. W. Puddifoot,
<rs id="t19100718-33-punishment-36" type="punishmentDescription">
<interp inst="t19100718-33-punishment-36" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-33-punishment-36" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def6-33-19100718 t19100718-33-punishment-36"/>One month's imprisonment.</rs> </p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">MR. JUSTICE RIDLEY</hi>.</p>
<p>(Friday, July 22.)</p> </div1>
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<persName id="def1-34-19100718" type="defendantName">
<interp inst="def1-34-19100718" type="gender" value="male"/>
<interp inst="def1-34-19100718" type="age" value="20"/>
<interp inst="def1-34-19100718" type="surname" value="DAVIES"/>
<interp inst="def1-34-19100718" type="given" value="THOMAS HUGH"/>
<interp inst="def1-34-19100718" type="occupation" value="valet"/>
<hi rend="largeCaps">"DAVIES</hi>, Thomas Hugh (20, valet)</persName>,
<rs id="t19100718-34-verdict-1" type="verdictDescription">
<interp inst="t19100718-34-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19100718-34-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19100718-34-offence-1" type="offenceDescription">
<interp inst="t19100718-34-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19100718-34-offence-1" type="offenceSubcategory" value="threateningBehaviour"/>of feloniously sending to
<persName id="t19100718-name-210" type="victimName">
<interp inst="t19100718-name-210" type="gender" value="male"/>
<interp inst="t19100718-name-210" type="surname" value="MIDDLETON"/>
<interp inst="t19100718-name-210" type="given" value="JOHN LYDELL"/>
<join result="offenceVictim" targOrder="Y" targets="t19100718-34-offence-1 t19100718-name-210"/>John Lyell Middleton</persName>, knowing the contents thereof, a certain letter threatening to kill and murder him.</rs> </p>
<p>Prisoner in 1906 entered the employment of the prosecutor, and was in his service two or three months. He afterwards applied to him for monetary assistance and for a character, and on one or two occa
<lb/>sions prosecutor gave him small sums of money and a character. In the present year, failing to obtain further assistance, prisoner wrote to the prosecutor threatening to shoot him. He now stated that he had not the slightest intentior of carrying out the threat.</p>
<rs id="t19100718-34-punishment-37" type="punishmentDescription">
<interp inst="t19100718-34-punishment-37" type="punishmentCategory" value="imprison"/>
<interp inst="t19100718-34-punishment-37" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-34-19100718 t19100718-34-punishment-37"/>Six months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19100718-35">
<interp inst="t19100718-35" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-35" type="date" value="19100718"/>
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<persName id="def1-35-19100718" type="defendantName">
<interp inst="def1-35-19100718" type="gender" value="male"/>
<interp inst="def1-35-19100718" type="age" value="30"/>
<interp inst="def1-35-19100718" type="surname" value="SCHOOSMITH"/>
<interp inst="def1-35-19100718" type="given" value="EDWARD CLAVER"/>
<interp inst="def1-35-19100718" type="occupation" value="none"/>
<hi rend="largeCaps">SCHOOSMITH</hi>, Edward Claver (30, none)</persName>
<rs id="t19100718-35-offence-1" type="offenceDescription">
<interp inst="t19100718-35-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19100718-35-offence-1" type="offenceSubcategory" value="sodomy"/>, attempting to commit and perpetrate the abominable crime of buggery with a male person whose name is unknown. (Second Count.) Unlawfully committing certain acts of gross. indecency with another male person.</rs> </p>
<rs id="t19100718-35-verdict-1" type="verdictDescription">
<interp inst="t19100718-35-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19100718-35-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
<div1 type="trialAccount" id="t19100718-36">
<interp inst="t19100718-36" type="uri" value="sessionsPapers/19100718"/>
<interp inst="t19100718-36" type="date" value="19100718"/>
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<persName id="def1-36-19100718" type="defendantName">
<interp inst="def1-36-19100718" type="gender" value="male"/>
<interp inst="def1-36-19100718" type="age" value="61"/>
<interp inst="def1-36-19100718" type="surname" value="PILCHER"/>
<interp inst="def1-36-19100718" type="given" value="FREDERICK JOSEPH"/>
<interp inst="def1-36-19100718" type="occupation" value="engineer"/>
<hi rend="largeCaps">PILCHER</hi>, Frederick Joseph (61, engineer)</persName>
<rs id="t19100718-36-offence-1" type="offenceDescription">
<interp inst="t19100718-36-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19100718-36-offence-1" type="offenceSubcategory" value="forgery"/>, forging a will and testament purporting to be the last will and testament of Mary Lilian Kerferd; (second count) uttering that forged will knowing it to be forged and with intent to defraud.</rs> </p>
<p>Mr. Muir, Mr. Travers Humphreys, and Mr. Oddie prosecuted; Mr. Marshall Hall, K.C., Mr. Curtis Bennett, and Mr. Hugh Brodie defended.</p>
<hi rend="smallCaps">
<persName id="t19100718-name-213" type="witnessName">
<interp inst="t19100718-name-213" type="gender" value="male"/>
<interp inst="t19100718-name-213" type="surname" value="FELLOWES"/>
<interp inst="t19100718-name-213" type="given" value="LANCELOT DESMOND"/>LANCELOT DESMOND FELLOWES</persName> </hi>, clerk in the Probate Registry, Somerset House, produced a document purporting to be the last will and testament of Mary Lilian Kerferd (Exhibit 1), dated May 19, 1898, attached to which was the oath of the executor (Exhibit 2) signed Frederick J. Pilcher and dated May 8, 1909; the Act of Pro
<lb/>bate (Exhibit 3), dated May 14, 1909; a letter (Exhibit 4) from a Mr. Holme, solicitor, of Liverpool, to Stephenson, Harwood and Co., dated November 4, 1909; an injunction (Exhibit 120), dated Octo
<lb/>ber 19, 1909, restraining prisoner and his agents from dealing with the deceased's estate; an order (Exhibit 121), dated October 25, 1909, appointing an administrator pending the action; an affidavit of pri
<lb/>soner (Exhibit 122), dated March 23, 1910, together with letter referred to therein; order revoking probate (Exhibit 123), dated June 6, 1910, and condemning prisoner in costs; and the pleadings in</