<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>JULY, 1911.</p>
<p>Vol. CLV.] Part 922.</p>
<p>Sessions Paper.</p>
<persName id="t19110717-name-1">
<interp inst="t19110717-name-1" type="gender" value="male"/>
<interp inst="t19110717-name-1" type="surname" value="WALPOLE"/>
<interp inst="t19110717-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="t19110717-name-2">
<interp inst="t19110717-name-2" type="gender" value="male"/>
<interp inst="t19110717-name-2" type="surname" value="WALPOLE"/>
<interp inst="t19110717-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 17th, 1911, and following days.</p>
<p>Before the Right Hon. Sir
<hi rend="largeCaps">T. VEZEY-STRONG</hi>, Alderman,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; the Hon. Sir
<hi rend="smallCaps">
<persName id="t19110717-name-3" type="judiciaryName">
<interp inst="t19110717-name-3" type="gender" value="male"/>
<interp inst="t19110717-name-3" type="surname" value="LAWRANCE"/>
<interp inst="t19110717-name-3" type="given" value="JOHN COMPTON"/>JOHN COMPTON LAWRANCE</persName> </hi>, one of the Justices of His Majesty's High Court; Sir
<hi rend="smallCaps">GEORGE FAUDEL-PHILLIPS</hi>, Bart., G.C.I.E.; Sir
<hi rend="smallCaps">JAS. T. RITCHIE</hi>, Bart.; Sir
<hi rend="smallCaps">JOHN C. BELL</hi>, Bart.; Sir
<hi rend="smallCaps">T. VANSITTART BOWATER</hi>, Knight; Sir
<hi rend="smallCaps">
<persName id="t19110717-name-4" type="judiciaryName">
<interp inst="t19110717-name-4" type="gender" value="male"/>
<interp inst="t19110717-name-4" type="surname" value="WOODMAN"/>
<interp inst="t19110717-name-4" type="given" value="GEO"/>GEO. WOODMAN</persName> </hi>, Knight; and
<hi rend="smallCaps">
<persName id="t19110717-name-5" type="judiciaryName">
<interp inst="t19110717-name-5" type="gender" value="male"/>
<interp inst="t19110717-name-5" type="surname" value="ROLL"/>
<interp inst="t19110717-name-5" type="given" value="JAMES"/>JAMES ROLL</persName> </hi>, Esq., Aldermen of the said City; Sir
<hi rend="smallCaps">FORREST FULTON</hi>, Knight, K.C., Recorder of the said City; Sir
<hi rend="smallCaps">FK. ALBERT BOSANQUET</hi>, K.C., Common Serjeant of the said City; His Honour Judge
<hi rend="smallCaps">
<persName id="t19110717-name-6" type="judiciaryName">
<interp inst="t19110717-name-6" type="gender" value="male"/>
<interp inst="t19110717-name-6" type="surname" value="SMITH"/>
<interp inst="t19110717-name-6" type="given" value="LUMLEY"/>LUMLEY SMITH</persName> </hi>, K.C., Commissioner; and His Honour Judge
<hi rend="smallCaps">RENTOUL</hi>, K.C., Commissioner; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-7" type="judiciaryName">
<interp inst="t19110717-name-7" type="gender" value="male"/>
<interp inst="t19110717-name-7" type="surname" value="JOHNSTON"/>
<interp inst="t19110717-name-7" type="given" value="CHARLES"/>CHARLES JOHNSTON</persName> </hi>, Kt., Alderman,</p>
<hi rend="smallCaps">HENRY C. BUCKINGHAM</hi>, Kt.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">
<persName id="t19110717-name-8" type="judiciaryName">
<interp inst="t19110717-name-8" type="gender" value="male"/>
<interp inst="t19110717-name-8" type="surname" value="SMYTHE"/>
<interp inst="t19110717-name-8" type="given" value="RUPERT"/>RUPERT SMYTHE</persName> </hi>, Esq., Deputy,</p>
<hi rend="smallCaps">E. V. HUXTABLE</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">VEZEY-STRONG, MAYOR</hi>.</p>
<hi rend="largeCaps">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 17.)</p> </div1>
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<interp inst="t19110717-name-9" type="gender" value="male"/>
<interp inst="t19110717-name-9" type="age" value="63"/>
<interp inst="t19110717-name-9" type="surname" value="RUSBY"/>
<interp inst="t19110717-name-9" type="given" value="GEORGE"/>
<interp inst="t19110717-name-9" type="occupation" value="grocer"/>
<hi rend="largeCaps">RUSBY</hi>, George (63, grocer)</persName>, who was charged at last sessions (see p. 248) with feloniously setting fire to a dwelling house, was again brought up.</p>
<hi rend="smallCaps">SIDNEY REGINALD DYER</hi>, Medical Officer of Brixton Prison, having stated that prisoner had been certified as a lunatic and was now de-tained under a Home Office order, no sentence was passed.</p>
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<hi rend="largeCaps">WIGG</hi>, Frank, otherwise
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<join result="nameAlias" targOrder="Y" targets="def1-2-19110717 t19110717-alias-1"/> John Brown </rs>(24, traveller)</persName>
<rs id="t19110717-2-offence-1" type="offenceDescription">
<interp inst="t19110717-2-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19110717-2-offence-1" type="offenceSubcategory" value="pocketpicking"/>stealing one watch, the goods of
<persName id="t19110717-name-11" type="victimName">
<interp inst="t19110717-name-11" type="gender" value="male"/>
<interp inst="t19110717-name-11" type="surname" value="PERRY"/>
<interp inst="t19110717-name-11" type="given" value="ALBERT JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-2-offence-1 t19110717-name-11"/>Albert Joseph Perry</persName>, from his person.</rs> </p>
<p>Mr. A. M. Wilshere prosecuted; Mr. C. A. Black defended.</p>
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<interp inst="t19110717-name-12" type="given" value="ALBERT JOSEPH"/>ALBERT JOSEPH PERRY</persName> </hi>, clothier, 26, Duke Street. At about 3.30 p.m. on Friday, June 23, the day of the Royal Procession, I went into a urinal in Ludgate Circus by the entrance stairs. I had my coat buttoned up and my watch in my waistcoat pocket; I noticed prisoner at the bottom behind the stairs. Before coming out I buttoned up my jacket and came out by the same steps, when I noticed two men behind me, one of whom was gently pushing me, and in front of me was prisoner, who had gone out of the urinal and was now coming down again. I remonstrated with prisoner for blocking up the steps and he said something about wanting to get down; then the three closed round me, prisoner alone being in front. When I got out I found my jacket undone and my watch gone. I complained to a police-con stable; we waited at the top of the steps, when prisoner came out of the exit staircase. I said, "You are the man who hustled me on the steps and blocked the way," and accused him of having stolen my watch; he denied it; I gave him in charge; he was searched; my watch was not found on him.</p>
<p>Cross-examined. I am sure I had my watch when I went into the urinal; the place was not crowded. Prisoner came in and went out by the proper steps. When I first saw him in the urinal I became sus-picious. The police-constable was just outside the urinal.</p>
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<hi rend="smallCaps">ALBERT BARTON</hi> </persName>, 118 B, corroborated.</p>
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<p>The Recorder having stated that there was not sufficient evidence to justify a conviction—it was merely suspicion—the jury returned a verdict of
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<interp inst="t19110717-2-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19110717-2-verdict-1" type="verdictSubcategory" value="directed"/>Not Guilty.</rs> </p> </div1>
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<hi rend="largeCaps">LAMB</hi>, Alfred Chas. (44, porter)</persName>,
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<interp inst="t19110717-3-offence-1" type="offenceSubcategory" value="mail"/>of stealing a postal packet containing a postal order for the payment of £1, the property of
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<join result="offenceVictim" targOrder="Y" targets="t19110717-3-offence-1 t19110717-name-15"/>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="def1-3-19110717 t19110717-3-punishment-1"/>nine months' hard labour</rs>.</p> </div1>
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<hi rend="largeCaps">WALL</hi>, Frederick Louis (23, messenger)</persName>,
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<interp inst="t19110717-4-offence-1" type="offenceSubcategory" value="mail"/>to stealing from a postal packet in course of transmission by poet, a postal order for 6s. and four penny stamps, the property of
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<interp inst="t19110717-name-17" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-4-offence-1 t19110717-name-17"/>His Majesty's Post
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<interp inst="t19110717-4-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19110717-4-offence-2" type="offenceSubcategory" value="mail"/>stealing from a postal packet in course of transmission by post, a postal order for 4s. and four penny stamps, the property of
<persName id="t19110717-name-18" type="victimName">
<interp inst="t19110717-name-18" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-4-offence-2 t19110717-name-18"/>His Majesty's Postmaster-General</persName>.</rs> </p>
<p>Prisoner was not a servant of the Post Office; he bore a good previous character.</p>
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<interp inst="t19110717-4-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-4-punishment-2" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-19110717 t19110717-4-punishment-2"/>Three months' hard labour</rs>.</p> </div1>
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<hi rend="largeCaps">HOLDHAM</hi>, Alfred (33, uxiliary postman)</persName>,
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<interp inst="t19110717-5-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19110717-5-offence-1" type="offenceSubcategory" value="mail"/>of stealing a postal packet containing a postal order for the payment of 9s. 6d. and four penny stamps, the property of
<persName id="t19110717-name-20" type="victimName">
<interp inst="t19110717-name-20" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-5-offence-1 t19110717-name-20"/>His Majesty's Post-master General</persName>, he being an officer of the Post Office.</rs> </p>
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<interp inst="t19110717-5-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-5-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-5-19110717 t19110717-5-punishment-3"/>six months' hard labour</rs>.</p> </div1>
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<hi rend="largeCaps">STILTON</hi>, Richard (22, electrician)</persName>,
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<interp inst="t19110717-6-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19110717-6-offence-1" type="offenceSubcategory" value="burglary"/>of burglary in the dwelling-house of
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<interp inst="t19110717-name-22" type="surname" value="MYERS"/>
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<join result="offenceVictim" targOrder="Y" targets="t19110717-6-offence-1 t19110717-name-22"/>Jules Myers</persName> and stealing therein two teapots and other articles, his goods. Stealing a tea service and other articles, the goods of
<persName id="t19110717-name-23" type="victimName">
<interp inst="t19110717-name-23" type="gender" value="male"/>
<interp inst="t19110717-name-23" type="surname" value="ETHERIDGE"/>
<interp inst="t19110717-name-23" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-6-offence-1 t19110717-name-23"/>Henry Etheridge</persName>.</rs> </p>
<rs id="t19110717-6-punishment-4" type="punishmentDescription">
<interp inst="t19110717-6-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-6-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19110717 t19110717-6-punishment-4"/>six months' hard labour on each count, to run concur
<lb/>rently.</rs> </p> </div1>
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<interp inst="def1-7-19110717" type="surname" value="FOLEY"/>
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<hi rend="largeCaps">FOLEY</hi>, Edd</persName>. (37, carman),
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<interp inst="t19110717-7-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
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<interp inst="t19110717-7-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19110717-7-offence-1" type="offenceSubcategory" value="burglary"/>of attempting to break and enter a certain shop in the occupation of
<persName id="t19110717-name-25" type="victimName">
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<interp inst="t19110717-name-25" type="surname" value="MARIANI"/>
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<join result="offenceVictim" targOrder="Y" targets="t19110717-7-offence-1 t19110717-name-25"/>Joseph Mariani</persName>, with intent to commit felony therein. Being found by night having in his possession, without lawful excuse, a certain implement of house-breaking, to wit, a jemmy.</rs> </p>
<p>Prisoner confessed to having been convicted of felony at the Guild-hall on November 18, 1909, receiving three months' hard labour for stealing books, after two other summary convictions.</p>
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<join result="defendantPunishment" targOrder="Y" targets="def1-7-19110717 t19110717-7-punishment-5"/>Twelve months' hard labour</rs>.</p> </div1>
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<join result="criminalCharge" id="t19110717-8-charge-3" targOrder="Y" targets="def1-8-19110717 t19110717-8-offence-3 t19110717-8-verdict-1"/>
<join result="criminalCharge" id="t19110717-8-charge-4" targOrder="Y" targets="def1-8-19110717 t19110717-8-offence-4 t19110717-8-verdict-1"/>
<persName id="def1-8-19110717" type="defendantName">
<interp inst="def1-8-19110717" type="gender" value="male"/>
<interp inst="def1-8-19110717" type="age" value="25"/>
<interp inst="def1-8-19110717" type="surname" value="WILSON"/>
<interp inst="def1-8-19110717" type="given" value="ALFRED"/>
<interp inst="def1-8-19110717" type="occupation" value="labourer"/>
<hi rend="largeCaps">WILSON</hi>, Alfred (25, labourer)</persName>,
<rs id="t19110717-8-verdict-1" type="verdictDescription">
<interp inst="t19110717-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-8-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19110717-8-offence-1" type="offenceDescription">
<interp inst="t19110717-8-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19110717-8-offence-1" type="offenceSubcategory" value="forgery"/>of forging and uttering, knowing the same to be forged, a banker's cheque for the pay
<lb/>ment of £3 10s., with intent to defraud.</rs>
<rs id="t19110717-8-offence-2" type="offenceDescription">
<interp inst="t19110717-8-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19110717-8-offence-2" type="offenceSubcategory" value="fraud"/>Obtaining by false pretences from
<persName id="t19110717-name-27" type="victimName">
<interp inst="t19110717-name-27" type="gender" value="male"/>
<interp inst="t19110717-name-27" type="surname" value="SAUNDERS"/>
<interp inst="t19110717-name-27" type="given" value="JAMES WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-8-offence-2 t19110717-name-27"/>James William Saunders</persName> a forged instrument, to wit, a banker's cheque for £3 10s., with intent to defraud.</rs>
<rs id="t19110717-8-offence-3" type="offenceDescription">
<interp inst="t19110717-8-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t19110717-8-offence-3" type="offenceSubcategory" value="forgery"/>Forging and uttering, knowing the same to be forged, a banker's cheque for £2, with intent to defraud.</rs>
<rs id="t19110717-8-offence-4" type="offenceDescription">
<interp inst="t19110717-8-offence-4" type="offenceCategory" value="deception"/>
<interp inst="t19110717-8-offence-4" type="offenceSubcategory" value="fraud"/>Obtaining by false pretences from
<persName id="t19110717-name-28" type="victimName">
<interp inst="t19110717-name-28" type="gender" value="male"/>
<interp inst="t19110717-name-28" type="surname" value="JENNER"/>
<interp inst="t19110717-name-28" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-8-offence-4 t19110717-name-28"/>George Jenner</persName> a forged instrument, to wit, a banker's cheque for £1, with intent to defraud.</rs> </p>
<xptr type="pageFacsimile" doc="191107170007"/>
<p>Prisoner confessed to having been convicted at this Court on October 10, 1905, receiving three years' penal servitude for country house breaking. Other convictions proved: Guildhall, September 12, 1902, bound over for attempting to steal; Mansion House, Novem
<lb/>ber 10, 1902, 14 days' hard labour for stealing mutton; April 27, 1903, three months' hard labour stealing postage stamps; August 6, 1903, one month, Guildhall, for unlawful possession; November 16, 1903, nine months' at this court for warehouse breaking; September 13, 1904, 12 months' hard labour at this Court, warehouse breaking; October 16, 1905, three years' penal servitude at this Court for house-breaking; three other short convictions.</p>
<rs id="t19110717-8-punishment-6" type="punishmentDescription">
<interp inst="t19110717-8-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-8-punishment-6" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19110717 t19110717-8-punishment-6"/>Three years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19110717-9">
<interp inst="t19110717-9" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-9" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-9-charge-1" targOrder="Y" targets="def1-9-19110717 t19110717-9-offence-1 t19110717-9-verdict-1"/>
<persName id="def1-9-19110717" type="defendantName">
<interp inst="def1-9-19110717" type="gender" value="male"/>
<interp inst="def1-9-19110717" type="age" value="32"/>
<interp inst="def1-9-19110717" type="surname" value="KENT"/>
<interp inst="def1-9-19110717" type="given" value="RICHARD"/>
<interp inst="def1-9-19110717" type="occupation" value="labourer"/>
<hi rend="largeCaps">KENT</hi>, Richard (32, labourer)</persName>
<rs id="t19110717-9-offence-1" type="offenceDescription">
<interp inst="t19110717-9-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19110717-9-offence-1" type="offenceSubcategory" value="pocketpicking"/>. Stealing 1s. or thereabouts, the moneys of
<persName id="t19110717-name-30" type="victimName">
<interp inst="t19110717-name-30" type="gender" value="male"/>
<interp inst="t19110717-name-30" type="surname" value="DARDENNE"/>
<interp inst="t19110717-name-30" type="given" value="WM"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-9-offence-1 t19110717-name-30"/>Wm. Dardenne</persName>, from his person.</rs> </p>
<hi rend="smallCaps">
<persName id="t19110717-name-31" type="witnessName">
<interp inst="t19110717-name-31" type="gender" value="male"/>
<interp inst="t19110717-name-31" type="surname" value="DARDENNE"/>
<interp inst="t19110717-name-31" type="given" value="WM"/>WM. DARDENNE</persName> </hi>, cabinet maker. On July 3, at 10.45 p.m., I was in Randolph Street, Camden Town, when prisoner, another man, and a female approached me. The woman embraced me and used an endear-ing expression; the other man hustled me and I felt prisoner's hand in my trousers pocket; he ran off; the others hustled me, preventing my following prisoner. I struggled across the road and called out to a police-constable to stop the prisoner, which he did, and I gave him in charge. Prisoner said, "You are not going to charge me, are you?" I had 6d. and about six pennies in my pocket which was taken.</p>
<persName id="t19110717-name-32" type="witnessName">
<interp inst="t19110717-name-32" type="gender" value="male"/>
<interp inst="t19110717-name-32" type="surname" value="WATTS"/>
<interp inst="t19110717-name-32" type="given" value="FREDERICK"/>
<hi rend="smallCaps">FREDERICK WATTS</hi> </persName>, 25 YR. On July 3, at 10.45 p.m., I was on duty in Randolph Street when I saw prisoner, prosecutor, and another man and woman struggling under the railway bridge. Prisoner came towards me. I was going to stop him when prosecutor shouted, "Stop that man, he has robbed me." He came up and said, "He has robbed me of 1s. or 1s. 2d." On the way to the station prisoner said, "I was not the only one there, there were more than me." At the station he said, "Are you going to charge me. There were others besides me. Why did you pick on me!"</p>
<p>In defence prisoner stated that he was innocent; he pointed out that no money was found oh him.</p>
<rs id="t19110717-9-verdict-1" type="verdictDescription">
<interp inst="t19110717-9-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19110717-9-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<p>The Recorder stated that prisoner had been repeatedly convicted; he was very fortunate to have been acquitted.</p> </div1>
<div1 type="trialAccount" id="t19110717-10">
<interp inst="t19110717-10" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-10" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-10-charge-1" targOrder="Y" targets="def1-10-19110717 t19110717-10-offence-1 t19110717-10-verdict-1"/>
<persName id="def1-10-19110717" type="defendantName">
<interp inst="def1-10-19110717" type="gender" value="male"/>
<interp inst="def1-10-19110717" type="age" value="43"/>
<interp inst="def1-10-19110717" type="surname" value="JONES"/>
<interp inst="def1-10-19110717" type="given" value="GEORGE"/>
<interp inst="def1-10-19110717" type="occupation" value="painter"/>
<hi rend="largeCaps">JONES</hi>, George (43, painter)</persName>,
<rs id="t19110717-10-verdict-1" type="verdictDescription">
<interp inst="t19110717-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-10-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19110717-10-offence-1" type="offenceDescription">
<interp inst="t19110717-10-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19110717-10-offence-1" type="offenceSubcategory" value="simpleLarceny"/>of stealing 12 pair of trousers and one vest, the goods of
<persName id="t19110717-name-34" type="victimName">
<interp inst="t19110717-name-34" type="gender" value="male"/>
<interp inst="t19110717-name-34" type="surname" value="JUDD"/>
<interp inst="t19110717-name-34" type="given" value="JAS"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-10-offence-1 t19110717-name-34"/>Jas. Judd</persName>.</rs> </p>
<p>Prisoner confessed to having been convicted at South London Ses-sions on December 16, 1908, receiving three years' penal servitude for stealing a coat; 20 other convictions including several terms of penal servitude were proved.</p>
<rs id="t19110717-10-punishment-7" type="punishmentDescription">
<interp inst="t19110717-10-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-10-punishment-7" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-10-19110717 t19110717-10-punishment-7"/>Five years' penal servitude</rs>.</p>
<xptr type="pageFacsimile" doc="191107170008"/>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE COMMON SERJEANT</hi>.</p>
<p>(Monday, July 17.)</p> </div1>
<div1 type="trialAccount" id="t19110717-11">
<interp inst="t19110717-11" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-11" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-11-charge-1" targOrder="Y" targets="def1-11-19110717 t19110717-11-offence-1 t19110717-11-verdict-1"/>
<join result="criminalCharge" id="t19110717-11-charge-2" targOrder="Y" targets="def1-11-19110717 t19110717-11-offence-2 t19110717-11-verdict-1"/>
<persName id="def1-11-19110717" type="defendantName">
<interp inst="def1-11-19110717" type="gender" value="male"/>
<interp inst="def1-11-19110717" type="age" value="16"/>
<interp inst="def1-11-19110717" type="surname" value="SEYMOUR"/>
<interp inst="def1-11-19110717" type="given" value="CHARLES"/>
<interp inst="def1-11-19110717" type="occupation" value="porter"/>
<hi rend="largeCaps">SEYMOUR</hi>, Charles (16, porter)</persName>,
<rs id="t19110717-11-verdict-1" type="verdictDescription">
<interp inst="t19110717-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-11-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19110717-11-offence-1" type="offenceDescription">
<interp inst="t19110717-11-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19110717-11-offence-1" type="offenceSubcategory" value="forgery"/>of feloniously forging a request for the delivery of goods, to wit, for the delivery of 3 5-8 yards of cloth with intent to defraud,</rs>
<rs id="t19110717-11-offence-2" type="offenceDescription">
<interp inst="t19110717-11-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19110717-11-offence-2" type="offenceSubcategory" value="stealingFromMaster"/>and of stealing 1 1/2 yards of cloth, the property of
<persName id="t19110717-name-36" type="victimName">
<interp inst="t19110717-name-36" type="gender" value="male"/>
<interp inst="t19110717-name-36" type="surname" value="MESSENBAAM"/>
<interp inst="t19110717-name-36" type="given" value="VICTOR"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-11-offence-2 t19110717-name-36"/>Victor Messenbaam</persName>, his master.</rs> </p>
<rs id="t19110717-11-punishment-8" type="punishmentDescription">
<interp inst="t19110717-11-punishment-8" type="punishmentCategory" value="noPunish"/>
<interp inst="t19110717-11-punishment-8" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-19110717 t19110717-11-punishment-8"/>Sentence was postponed to the next sessions in order that prisoner might be under medical observation.</rs> </p> </div1>
<div1 type="trialAccount" id="t19110717-12">
<interp inst="t19110717-12" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-12" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-12-charge-1" targOrder="Y" targets="def1-12-19110717 t19110717-12-offence-1 t19110717-12-verdict-1"/>
<persName id="def1-12-19110717" type="defendantName">
<interp inst="def1-12-19110717" type="gender" value="male"/>
<interp inst="def1-12-19110717" type="age" value="25"/>
<interp inst="def1-12-19110717" type="surname" value="BROAD"/>
<interp inst="def1-12-19110717" type="given" value="ERNEST"/>
<interp inst="def1-12-19110717" type="occupation" value="carman"/>
<hi rend="largeCaps">BROAD</hi>, Ernest (25, carman)</persName>
<rs id="t19110717-12-offence-1" type="offenceDescription">
<interp inst="t19110717-12-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19110717-12-offence-1" type="offenceSubcategory" value="simpleLarceny"/>. Stealing two bales of wrappers, the goods of
<persName id="t19110717-name-38" type="victimName">
<interp inst="t19110717-name-38" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-12-offence-1 t19110717-name-38"/>the Great Northern Railway Company</persName>.</rs> </p>
<p>Mr. Forrest Fulton prosecuted.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-39" type="witnessName">
<interp inst="t19110717-name-39" type="gender" value="male"/>
<interp inst="t19110717-name-39" type="surname" value="BURROWS"/>
<interp inst="t19110717-name-39" type="given" value="ARTHUR EDWARD"/>ARTHUR EDWARD BURROWS</persName> </hi>, porter, Great Northern Railway, King's Cross. At about 5 a.m. on July 4, I loaded prisoner's van, No. 2,255, in the dock. He is employed as carman by a contractor for the company. This sheet shows the nature of the things I loaded on the van and is made out by me. It includes no loose wrappers. Beside the van there were several bundles of them.</p>
<p>Cross-examined by prisoner. I saw you nowhere near the van.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-40" type="witnessName">
<interp inst="t19110717-name-40" type="gender" value="male"/>
<interp inst="t19110717-name-40" type="surname" value="ABLETT"/>
<interp inst="t19110717-name-40" type="given" value="FREDERICK"/>FREDERICK ABLETT</persName> </hi>, caller-off, King's Cross goods yard. At 4 a.m. on July 4 I was on duty at the up-shed at King's Cross. The first and third entries made by me in this invoice relate to two packages of wrappers which I took from a waggon, put on a barrow, and sent to the empty department. I never saw them again.</p>
<p>Cross-examined by prisoner. I did not take the wrappers from the high level.</p>
<persName id="t19110717-name-41" type="witnessName">
<interp inst="t19110717-name-41" type="gender" value="male"/>
<interp inst="t19110717-name-41" type="surname" value="ASH"/>
<interp inst="t19110717-name-41" type="given" value="FRANCIS JOHN"/>
<hi rend="smallCaps">FRANCIS JOHN ASH</hi> </persName> G.N.R. CO. At 7.45 a.m. on July 4 I was on duty at King's Cross when I saw prisoner's van with prisoner not with it. The vanboy drew it from the dock on to the fish road. He went away and about ten minutes after prisoner came up and tied his load on to the van. On the top of one of the crates there was this bundle of wrappers (produced), addressed to Messrs. Tamplin, which he covered over with a sack. He then drew it on to the weigh-bridge. On his coming off I asked him to give me his delivery-sheet and he did so. This is it (produced). I found no entry in it relating to the wrappers. I said to him, "You have some wrappers on there?" and he said, "I do not know."</p>
<p>To prisoner. I did not see you put any covers on the van.</p>
<p>To the Court. Prisoner did not come from the direction of the dock.</p>
<persName id="t19110717-name-42" type="witnessName">
<interp inst="t19110717-name-42" type="gender" value="indeterminate"/>
<interp inst="t19110717-name-42" type="surname" value="SIMONS"/>
<interp inst="t19110717-name-42" type="given" value="BELL"/>
<hi rend="smallCaps">BELL SIMONS</hi> </persName>, G.N.R. CO. At 7.45 a.m. on July 4 I was on duty in the goods yard at King's Cross when I saw prisoner's van in the fish road; I saw prisoner lift on his load on to it and then throw his bait sack on to this bundle (produced) that was on top of the load.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-43" type="witnessName">
<interp inst="t19110717-name-43" type="gender" value="male"/>
<interp inst="t19110717-name-43" type="surname" value="RICHARD"/>
<interp inst="t19110717-name-43" type="given" value="WILLIAM"/>WILLIAM RICHARD</persName> </hi>, foreman, goods yard, King's Cross, G.N.R. Co. At about 8.50 a.m. on July 4 I examined prisoner's van when I saw on the top of his load this bundle (produced) addressed to Messrs. Doble.</p>
<xptr type="pageFacsimile" doc="191107170009"/>
<persName id="t19110717-name-44" type="witnessName">
<interp inst="t19110717-name-44" type="gender" value="male"/>
<interp inst="t19110717-name-44" type="surname" value="WARDER"/>
<interp inst="t19110717-name-44" type="given" value="DAVID"/>
<hi rend="smallCaps">DAVID WARDER</hi> </persName>, G.N.R. Co. I identify these two bundles of wrappers as the property of the G.N.R. Co.; they are worth 15s.</p>
<p>Prisoner's statement before the Magistrate: "I do not know how the wrappers got on to the van."</p>
<p>The Common Sergeant, stating that there was insufficient evidence to convict, invited the jury to return a verdict of
<rs id="t19110717-12-verdict-1" type="verdictDescription">
<interp inst="t19110717-12-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19110717-12-verdict-1" type="verdictSubcategory" value="directed"/>Not guilty,</rs> which they accordingly did.</p> </div1>
<div1 type="trialAccount" id="t19110717-13">
<interp inst="t19110717-13" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-13" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-13-charge-1" targOrder="Y" targets="def1-13-19110717 t19110717-13-offence-1 t19110717-13-verdict-1"/>
<persName id="def1-13-19110717" type="defendantName">
<interp inst="def1-13-19110717" type="gender" value="female"/>
<interp inst="def1-13-19110717" type="age" value="32"/>
<interp inst="def1-13-19110717" type="surname" value="GUNN"/>
<interp inst="def1-13-19110717" type="given" value="LAURA ELIZABETH MARY"/>
<interp inst="def1-13-19110717" type="occupation" value=""/>
<hi rend="largeCaps">GUNN</hi>, Laura Elizabeth Mary (32)</persName>,
<rs id="t19110717-13-verdict-1" type="verdictDescription">
<interp inst="t19110717-13-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-13-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19110717-13-offence-1" type="offenceDescription">
<interp inst="t19110717-13-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19110717-13-offence-1" type="offenceSubcategory" value="bigamy"/>of feloniously marrying
<persName id="t19110717-name-46" type="victimName">
<interp inst="t19110717-name-46" type="gender" value="male"/>
<interp inst="t19110717-name-46" type="surname" value="BURROWS"/>
<interp inst="t19110717-name-46" type="given" value="JAMES HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-13-offence-1 t19110717-name-46"/>James Henry Burrows</persName>, her former husband being then alive.</rs> </p>
<p>She committed bigamy in the absence of her husband, who had been in Canada 18 months and had not communicated with her.</p>
<rs id="t19110717-13-punishment-9" type="punishmentDescription">
<interp inst="t19110717-13-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-13-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-13-19110717 t19110717-13-punishment-9"/>One day's imprisonment, entitling prisoner to be imme
<lb/>diately discharged.</rs> </p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">MR. JUSTICE LAWRANSE</hi>.</p>
<p>(Tuesday, July 18.)</p> </div1>
<div1 type="trialAccount" id="t19110717-14">
<interp inst="t19110717-14" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-14" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-14-charge-1" targOrder="Y" targets="def1-14-19110717 t19110717-14-offence-1 t19110717-14-verdict-1"/>
<persName id="def1-14-19110717" type="defendantName">
<interp inst="def1-14-19110717" type="gender" value="female"/>
<interp inst="def1-14-19110717" type="age" value="43"/>
<interp inst="def1-14-19110717" type="surname" value="RITTER"/>
<interp inst="def1-14-19110717" type="given" value="ANNIE"/>
<interp inst="def1-14-19110717" type="occupation" value="housekeeper"/>
<hi rend="largeCaps">RITTER</hi>, Annie (43, housekeeper)</persName>
<rs id="t19110717-14-offence-1" type="offenceDescription">
<interp inst="t19110717-14-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19110717-14-offence-1" type="offenceSubcategory" value="illegalAbortion"/>. Using a certain instrument upon
<persName id="t19110717-name-48" type="victimName">
<interp inst="t19110717-name-48" type="gender" value="female"/>
<interp inst="t19110717-name-48" type="surname" value="TRISCHER"/>
<interp inst="t19110717-name-48" type="given" value="ANNA"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-14-offence-1 t19110717-name-48"/>Anna Trischer</persName> with intent to procure her miscarriage.</rs> </p>
<p>Mr. Muir, Mr. Symmons, and Mr. Travers Humphreys prosecuted; Mr. George Elliott, K.C., and Mr. Cassels defended.</p>
<rs id="t19110717-14-verdict-1" type="verdictDescription">
<interp inst="t19110717-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-14-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<rs id="t19110717-14-punishment-10" type="punishmentDescription">
<interp inst="t19110717-14-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-14-punishment-10" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-19110717 t19110717-14-punishment-10"/>Five years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19110717-15">
<interp inst="t19110717-15" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-15" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-15-charge-1" targOrder="Y" targets="def1-15-19110717 t19110717-15-offence-1 t19110717-15-verdict-1"/>
<persName id="def1-15-19110717" type="defendantName">
<interp inst="def1-15-19110717" type="gender" value="male"/>
<interp inst="def1-15-19110717" type="age" value="35"/>
<interp inst="def1-15-19110717" type="surname" value="HAYWARD"/>
<interp inst="def1-15-19110717" type="given" value="CHARLES"/>
<interp inst="def1-15-19110717" type="occupation" value="bricklayer"/>
<hi rend="largeCaps">HAYWARD</hi>, Charles (35, bricklayer)</persName>, was indicted
<rs id="t19110717-15-offence-1" type="offenceDescription">
<interp inst="t19110717-15-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19110717-15-offence-1" type="offenceSubcategory" value="manslaughter"/> for and charged on the coroner's inquisition with the manslaughter of
<persName id="t19110717-name-50" type="victimName">
<interp inst="t19110717-name-50" type="gender" value="male"/>
<interp inst="t19110717-name-50" type="surname" value="RICHARDSON"/>
<interp inst="t19110717-name-50" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-15-offence-1 t19110717-name-50"/>Charles Richardson</persName>.</rs> </p>
<p>Mr. Curtis Bennett prosecuted; Mr. C. A. H. Black defended.</p>
<p>Mr. Curtis Bennett, stating that it was clear that prisoner, who was a man of good character, had acted in self-defence, offered no evidence, and a verdict of
<rs id="t19110717-15-verdict-1" type="verdictDescription">
<interp inst="t19110717-15-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19110717-15-verdict-1" type="verdictSubcategory" value=""/>Not guilty </rs>was returned.</p> </div1>
<div1 type="trialAccount" id="t19110717-16">
<interp inst="t19110717-16" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-16" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-16-charge-1" targOrder="Y" targets="def1-16-19110717 t19110717-16-offence-1 t19110717-16-verdict-1"/>
<persName id="def1-16-19110717" type="defendantName">
<interp inst="def1-16-19110717" type="gender" value="male"/>
<interp inst="def1-16-19110717" type="age" value="43"/>
<interp inst="def1-16-19110717" type="surname" value="ROBINSON"/>
<interp inst="def1-16-19110717" type="given" value="THOMAS"/>
<interp inst="def1-16-19110717" type="occupation" value="glass beveller"/>
<hi rend="largeCaps">ROBINSON</hi>, Thomas (43, glass beveller)</persName>
<rs id="t19110717-16-offence-1" type="offenceDescription">
<interp inst="t19110717-16-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19110717-16-offence-1" type="offenceSubcategory" value="wounding"/>. Feloniously wounding
<persName id="t19110717-name-52" type="victimName">
<interp inst="t19110717-name-52" type="gender" value="female"/>
<interp inst="t19110717-name-52" type="surname" value="ROSS"/>
<interp inst="t19110717-name-52" type="given" value="ELIZA"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-16-offence-1 t19110717-name-52"/>Eliza Ross</persName> with intent to kill and murder her.</rs> </p>
<p>Mr. E. L. Hadfield prosecuted.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-53" type="witnessName">
<interp inst="t19110717-name-53" type="gender" value="female"/>
<interp inst="t19110717-name-53" type="surname" value="PICKFORD"/>
<interp inst="t19110717-name-53" type="given" value="ELLEN MARY"/>ELLEN MARY PICKFORD</persName> </hi>, house physician, Royal Free Hospital, Gray's Inn Road. On July 5 Eliza Ross was admitted; she was suffering from eight cuts about the head and shoulders and one cut on the right forearm; the longest one was an inch long; they were only skin deep. This knife (produced) could have caused them.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-54" type="witnessName">
<interp inst="t19110717-name-54" type="gender" value="female"/>
<interp inst="t19110717-name-54" type="surname" value="GENT"/>
<interp inst="t19110717-name-54" type="given" value="ELLEN"/>ELLEN GENT</persName> </hi>, 62, Lever Street, St. Luke's. Ross lives in the same house with me. On July 5 I was standing at the door with her, when prisoner came from behind a van and stabbed her two or three times with an open knife which I saw in his hand. I got a shovel and beat him away. He walked straight away.</p>
<xptr type="pageFacsimile" doc="191107170010"/>
<p>Cross-examined by prisoner. Ross did not have a poker and I did not have a shovel when you came up.</p>
<persName id="t19110717-name-55" type="witnessName">
<interp inst="t19110717-name-55" type="gender" value="male"/>
<interp inst="t19110717-name-55" type="surname" value="PARKS"/>
<interp inst="t19110717-name-55" type="given" value="SAMUEL"/>
<hi rend="smallCaps">SAMUEL PARKS</hi> </persName>, 523 G. At 8.45 p.m. on July 5 I saw prisoner walking down Central Street. I told him I should arrest him for stabbing a woman. He made no reply. When charged at the station with attempted murder, he said, "I wish it had been a revolver; I wish it had been murder; I meant to do her in." A woman in the crowd handed me this knife. He was sober at the time.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-56" type="witnessName">
<interp inst="t19110717-name-56" type="gender" value="female"/>
<interp inst="t19110717-name-56" type="surname" value="ROSS"/>
<interp inst="t19110717-name-56" type="given" value="ELIZA"/>ELIZA ROSS</persName> </hi>, book-folder, 62, Lever Street, E.C. I have known prisoner for 17 years, and during the last nine years I have lived with him; I parted from him in April, because he has been such a bad man to me. On July 5 I was standing at the door with Mrs. Gent when prisoner came from the back of a van with something in his hand. I shut the door as well as I could, but he forced it open, rushed into the passage, and stabbed me in the back, saying, "You f—w—; I will stab you to death. I have got you at last." I fell to the ground and crossed my arms. He stabbed me through the arm and dug me four times in the head. Mrs. Gent beat him off with a shovel. I got up, and he came and said, "You are not dead yet, you f—w—."He threw the knife at me and ran down the passage. I went to the hospital where my wounds were dressed.</p>
<p>To prisoner. I was not standing at the door with a poker. Mrs. Gent did not have a shovel. I have never split your head open with a poker; I have been too frightened of you. I did not on April 3 stab you with a hat pin. It is true on that day you brought in a man named Martin, but he was a stranger to me. You were the worse for drink then.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-57" type="witnessName">
<interp inst="t19110717-name-57" type="gender" value="female"/>
<interp inst="t19110717-name-57" type="surname" value="SABERY"/>
<interp inst="t19110717-name-57" type="given" value="FLORENCE"/>FLORENCE SABERY</persName> </hi>, 62, Lever Street. On July 5 I heard screams. I ran down and picked up this knife in the passage, which I handed to the police.</p>
<p>Prisoner's statment, before the magistrate." Are you not going to call the woman what is supposed to be her mother—the woman what adopted her?"</p>
<hi rend="smallCaps">
<persName id="t19110717-name-58" type="witnessName">
<interp inst="t19110717-name-58" type="gender" value="male"/>
<interp inst="t19110717-name-58" type="surname" value="ROBINSON"/>
<interp inst="t19110717-name-58" type="given" value="THOMAS"/>THOMAS ROBINSON</persName> </hi> (prisoner, on oath). I was walking the other side of the road when, as soon as the prosecutrix's son had drove away from the door with his van, I saw her and Mrs. Gent in the doorway; she had a poker and Mrs. Gent had a shovel. I went to the door to ask why two of her "fancy" men had assaulted me on the previous Saturday. She slammed the door and I rushed into the passage. I pushed her and she fell down. I do not remember ever having used a knife; I had a knife but I never had it in my hand. When charged with stabbing her, I said, "I don't know anything about it."</p>
<p>At prisoner's request a long statement was read. In it he detailed the circumstances under which he had met prosecutrix and accused her of immoral relations with other men, concluding, "I must have been sodden with drink, seeing her and another woman at the door,</p>
<xptr type="pageFacsimile" doc="191107170011"/>
<p>one with a poker and the other with a shovel. I do not know what I did."</p>
<rs id="t19110717-16-verdict-1" type="verdictDescription">
<interp inst="t19110717-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-16-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty of wounding with intent to do grevious bodily harm.</rs> </p>
<p>A number of convictions were proved for drunkenness and assaults; prisoner had been convicted on three occasions for assaulting the prosecutrix.</p>
<rs id="t19110717-16-punishment-11" type="punishmentDescription">
<interp inst="t19110717-16-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-16-punishment-11" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-16-19110717 t19110717-16-punishment-11"/>Eighteen months hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19110717-17">
<interp inst="t19110717-17" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-17" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-17-charge-1" targOrder="Y" targets="def1-17-19110717 t19110717-17-offence-1 t19110717-17-verdict-2"/>
<join result="criminalCharge" id="t19110717-17-charge-2" targOrder="Y" targets="def2-17-19110717 t19110717-17-offence-1 t19110717-17-verdict-1"/>
<join result="criminalCharge" id="t19110717-17-charge-3" targOrder="Y" targets="def1-17-19110717 t19110717-17-offence-2 t19110717-17-verdict-2"/>
<join result="criminalCharge" id="t19110717-17-charge-4" targOrder="Y" targets="def2-17-19110717 t19110717-17-offence-2 t19110717-17-verdict-1"/>
<join result="criminalCharge" id="t19110717-17-charge-5" targOrder="Y" targets="def1-17-19110717 t19110717-17-offence-3 t19110717-17-verdict-2"/>
<join result="criminalCharge" id="t19110717-17-charge-6" targOrder="Y" targets="def2-17-19110717 t19110717-17-offence-3 t19110717-17-verdict-1"/>
<persName id="def1-17-19110717" type="defendantName">
<interp inst="def1-17-19110717" type="gender" value="male"/>
<interp inst="def1-17-19110717" type="age" value="64"/>
<interp inst="def1-17-19110717" type="surname" value="MARLOW"/>
<interp inst="def1-17-19110717" type="given" value="HENRY"/>
<interp inst="def1-17-19110717" type="occupation" value="engineer"/>
<hi rend="largeCaps">MARLOW</hi>, Henry (64, engineer)</persName>, and
<persName id="def2-17-19110717" type="defendantName">
<interp inst="def2-17-19110717" type="gender" value="female"/>
<interp inst="def2-17-19110717" type="age" value="63"/>
<interp inst="def2-17-19110717" type="surname" value="LYSTER"/>
<interp inst="def2-17-19110717" type="given" value="MARTHA"/>
<interp inst="def2-17-19110717" type="occupation" value=""/>
<hi rend="largeCaps">LYSTER</hi>, Martha (63)</persName>
<rs id="t19110717-17-offence-1" type="offenceDescription">
<interp inst="t19110717-17-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19110717-17-offence-1" type="offenceSubcategory" value="threateningBehaviour"/>, both conspiring and agreeing together unlawfully to propose to
<persName id="t19110717-name-61" type="victimName">
<interp inst="t19110717-name-61" type="gender" value="male"/>
<interp inst="t19110717-name-61" type="surname" value="BAIN"/>
<interp inst="t19110717-name-61" type="given" value="JAMES ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-17-offence-1 t19110717-name-61"/>James Robert Bain</persName> to abstain from publishing divers matters and things touching the said
<persName id="t19110717-name-62" type="victimName">
<interp inst="t19110717-name-62" type="gender" value="male"/>
<interp inst="t19110717-name-62" type="surname" value="BAIN"/>
<interp inst="t19110717-name-62" type="given" value="JAMES ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-17-offence-1 t19110717-name-62"/>James Robert Bain</persName>, with intent thereby to extort money from him;</rs>
<rs id="t19110717-17-offence-2" type="offenceDescription">
<interp inst="t19110717-17-offence-2" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19110717-17-offence-2" type="offenceSubcategory" value="threateningBehaviour"/>both unlawfully proposing to the said
<persName id="t19110717-name-63" type="victimName">
<interp inst="t19110717-name-63" type="gender" value="male"/>
<interp inst="t19110717-name-63" type="surname" value="BAIN"/>
<interp inst="t19110717-name-63" type="given" value="JAMES ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-17-offence-2 t19110717-name-63"/>James Robert Bain</persName> to abstain from printing and publishing divers matters and things touching the said
<persName id="t19110717-name-64" type="victimName">
<interp inst="t19110717-name-64" type="gender" value="male"/>
<interp inst="t19110717-name-64" type="surname" value="BAIN"/>
<interp inst="t19110717-name-64" type="given" value="JAMES ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-17-offence-2 t19110717-name-64"/>James Robert Bain</persName>, with intent thereby to extort money from him;</rs>
<rs id="t19110717-17-offence-3" type="offenceDescription">
<interp inst="t19110717-17-offence-3" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19110717-17-offence-3" type="offenceSubcategory" value="threateningBehaviour"/>both feloniously sending, knowing the con
<lb/>tents thereof, a certain letter demanding money with menaces of the said
<persName id="t19110717-name-65" type="victimName">
<interp inst="t19110717-name-65" type="gender" value="male"/>
<interp inst="t19110717-name-65" type="surname" value="BAIN"/>
<interp inst="t19110717-name-65" type="given" value="JAMES ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-17-offence-3 t19110717-name-65"/>James Robert Bain</persName>.</rs> </p>
<p>Mr. Gill, K.C., and Mr. Graham-Campbell prosecuted.</p>
<rs id="t19110717-17-verdict-1" type="verdictDescription">
<interp inst="t19110717-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-17-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty.</rs> </p>
<hi rend="smallCaps">
<persName id="t19110717-name-66" type="witnessName">
<interp inst="t19110717-name-66" type="gender" value="male"/>
<interp inst="t19110717-name-66" type="surname" value="BAIN"/>
<interp inst="t19110717-name-66" type="given" value="JAMES ROBERT"/>JAMES ROBERT BAIN</persName> </hi>, 7, Sloane Court, and at Bolton Hall, Glosford, Cumberland. I am a retired colonel in the Militia, a J.P. for Cum
<lb/>berland, and was from 1900 to 1906 the member for the West Divi
<lb/>sion. In 1877, when 26 years of age, I was hunting near Carlisle, when I made the acquaintance of Sarah Holland, who was manageress of the hotel at which I was stopping; she was considerably older than I. In the following year she was in the family way and I at once gave her a written intimation that I would provide for her child when it was born. I afterwards learnt she had had a still-born child at Man
<lb/>chester. I provided her with money to start a boarding house in London, and gave her financial assistance from time to time. I saw her once in Keppel Street and only once subsequently to that. She died in 1908. In 1905 prisoner came to my club, the Junior Carlton, told me had come on behalf of Miss Holland, and suggested that if I gave him £200 he could square the matter up for me, and that it would be a very serious thing for me if I did not, as I was a member of Parliament. I would not recognise him in any way and told him to leave the club. After Miss Holland's death I received a telegram from Lyster in response to which I sent £50. From time to time I paid her sums amounting in all to £1,600, the greater part of which I understood was to pay Miss Holland's debts. Realising how foolish I had been I stopped. At the beginning of 1910 I consulted my solicitors and they wrote Lyster. Up to and from that time I received a great number of letters from both prisoners; I sometimes received four or five postcards and telegrams from her a day, at my house, my club, and my country house. For the last 18 months Marlow has called repeatedly at my house and club; he has rung me up on the phone, sometimes as late as 11.45 p.m. The secretary on one occa
<lb/>sion requested him to leave the club because he was hanging about there. On January 24 I received the following letter from him:</p>
<xptr type="pageFacsimile" doc="191107170012"/>
<p>"After my interview with you last week and your promise to deal with Mrs. L.'s distressed position I am surprised to find you have done nothing whatever in the matter—and let me tell you unless you attend to her at once there may be disclosures made reflecting upon your connection with Miss H. that you will find most difficult to deal with. Do not play the silent fool any longer, but deal with it by add
<lb/>ing to the £1,700 you have paid the amount I have suggested, £2,000, and this will reach the finality you have so long wished for and ex
<lb/>pressed to me by you whenever I have seen you. With all respect I say you must do as I suggest or a most serious stage may be reached and render it impossible for the matter to be hushed up for any amount." I also received this letter dated February 22, 1910, which contains these passages: "I have just left Mrs. Lyster in a dreadful state of mind, which if you do not relieve immediately I fear most serious consequences will follow—I mean to you.... You may take my word for it as a brother mason you will never hear of the matter again.... To-morrow the power may pass from you." I also received a letter dated May 11, 1911, which contains this passage: "Surely if anyone in this world had a moral claim upon your financial. help it is Mrs. Lyster. Did it ever occur to you if Dr. Kennedy had not been induced against his will and better judgment to give that death certificate what it would have meant to you and the money it would have cost you? I beg of you to let this be the last you hear of me by ending the matter without the intervention of anyone." There had not been the slightest whisper of anything of this kind until I had refused to pay more money. On May 20, 1911, I received another letter which was in the same strain. On June 26 I received a letter from him on the notepaper of the Hotel Majestic, Harrogate, where I had been staying, saying that he had arrived there a day or two after I left and that unless I communicated with Mrs. Lyster during the next twelve hours he would come on to Duke Street, Whitehaven, which was my office. On June 28 I received another letter from him, again threatening to come to Whitehaven, and saying that he would see me sooner or later. When leaving my house in the morning I have frequently seen him waiting outside; he has endeavoured to prevent me getting into the taxi. He told me on two occasions that Mrs. Lyster owed him a great deal of money. I said, "Oh, that is your motive for blackmailing me?" I think he shrugged his shoulders and said, "Oh, you say so," or something of that kind. On May 26, at 8 a.m., when getting into a taxi from my house he rushed up and demanded to see me; then he got in front of the taxi and dared the driver to run him over; he used exceedingly bad language. A crowd assembled and I sent for a policeman. This was handed me by the parlourmaid as being left by him: "Here I am again. Strong in the Lord and in the power of His might. I must see you and will." All that I ever heard about the birth of the child was that it was born dead.</p>
<p>Cross-examined by Marlow. I do not say you swore outside my house on May 26. I only spoke to you three or four times; during</p>
<xptr type="pageFacsimile" doc="191107170013"/>
<p>those interviews you may have told me of the humble position in which Mrs. Lyster was placed owing to her financial position being so bad. You did not ask for money for yourself, but you said on one occasion if I gave you £200 you would be able to settle the matter; I understood that would go to Mrs. Lyster. The only postcards you sent me con
<lb/>tained Mrs. Lyster's address at Elgin Crescent.</p>
<p>Re-examined. I was not likely to forget that address. On two occasions Mrs. Lyster mentioned Marlow in her letters, and only when I refused to pay more money did he come actively upon the scene.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-67" type="witnessName">
<interp inst="t19110717-name-67" type="gender" value="female"/>
<interp inst="t19110717-name-67" type="surname" value="TAFT"/>
<interp inst="t19110717-name-67" type="given" value="AGNES"/>AGNES TAFT</persName> </hi>. I was in Col. Bain's employment in Sloane Court, from April, 1906, to May, 1911. I first saw Marlow in about 1909, when he asked to see Col. Bain. From that time he called frequently, and for the last six months every morning between eight and nine. Col. Bain used to go out at 10.30 a.m. I have seen him wait outside all day. On one occasion he shouted through the letter-box. He also used to ring up frequently.</p>
<p>To Marlow. You always behaved in a courteous manner to me.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-68" type="witnessName">
<interp inst="t19110717-name-68" type="gender" value="male"/>
<interp inst="t19110717-name-68" type="surname" value="STEPHENS"/>
<interp inst="t19110717-name-68" type="given" value="GEORGE JAMBS"/>GEORGE JAMBS STEPHENS</persName> </hi> (hall porter, Junior Carlton Clulb). Marlow has called many times at the club and asked for Col. Bain; he began about two years ago. He would wait in the hall, and outside the club. At the end of May the Secretary spoke to him. He also used to tele
<p>To Marlow. You have never misconducted yourself as a caller.</p>
<persName id="t19110717-name-69" type="witnessName">
<interp inst="t19110717-name-69" type="gender" value="male"/>
<interp inst="t19110717-name-69" type="surname" value="DRAPER"/>
<interp inst="t19110717-name-69" type="given" value="ALBERT"/>
<hi rend="smallCaps">ALBERT DRAPER</hi> </persName>, B Division. On July 7 I went to 55, Alexandra Road, Wimbledon, where I saw Marlow. I told him who I was, and read the warrant to him. He said: "I never tried to extort money. The whole thing is in a nut-shell. I have a perfect answer. I never tried to get money, and Col. Bain has told me so over and over again." On his inquiring I told him that the other person charged with him was Lyster. He said "Would you think he has already paid her £1,700. There must have been something for him to have paid that amount of money for." On read
<lb/>ing the warranat himself, he said "Dare he do it? this will be the beginning of one of the greatest scandals, but I have only acted as Mrs. Lyster's agent. She has been very ill." Subsequently, when charged, he said: "It is quite untrue." Amongst his papers I found a number of letters from Lyster. (Exhibits 29 to 36 read.)</p>
<hi rend="smallCaps">
<persName id="t19110717-name-70" type="witnessName">
<interp inst="t19110717-name-70" type="gender" value="male"/>
<interp inst="t19110717-name-70" type="surname" value="MARLOW"/>
<interp inst="t19110717-name-70" type="given" value="HENRY"/>HENRY MARLOW</persName> </hi>, called upon for his defence, stated from the dock that he was extremely penitent for what he had done, but he had done it not thinking there was anything wrong in it; he had merely been acting as agent for Lyster, an old friend of his, to whom he had lent money to save her home; that he himself had never had any money from Col. Bain, and had taken no part in the obtaining of the £1,700; he admitted he had acted indiscreetly.</p>
<rs id="t19110717-17-verdict-2" type="verdictDescription">
<interp inst="t19110717-17-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-17-verdict-2" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<xptr type="pageFacsimile" doc="191107170014"/>
<p>Sentences: Marlow (who was stated to be without occupation and to be an undischarged bankrupt)
<rs id="t19110717-17-punishment-12" type="punishmentDescription">
<interp inst="t19110717-17-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-17-punishment-12" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-19110717 t19110717-17-punishment-12"/>Five years' penal servitude</rs>; Lyster,
<rs id="t19110717-17-punishment-13" type="punishmentDescription">
<interp inst="t19110717-17-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-17-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-17-19110717 t19110717-17-punishment-13"/>Two years' hard labour.</rs> </p>
<hi rend="smallCaps">BEFORE THE</hi>
<hi rend="largeCaps">COMMON SERJEANT.</hi> </p>
<p>(Tuesday, July 18.)</p> </div1>
<div1 type="trialAccount" id="t19110717-18">
<interp inst="t19110717-18" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-18" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-18-charge-1" targOrder="Y" targets="def1-18-19110717 t19110717-18-offence-1 t19110717-18-verdict-1"/>
<persName id="def1-18-19110717" type="defendantName">
<interp inst="def1-18-19110717" type="gender" value="male"/>
<interp inst="def1-18-19110717" type="age" value="27"/>
<interp inst="def1-18-19110717" type="surname" value="KEEVIL"/>
<interp inst="def1-18-19110717" type="given" value="WILLIAM HENRY ALBERT"/>
<interp inst="def1-18-19110717" type="occupation" value="packer"/>
<hi rend="largeCaps">KEEVIL</hi>, William Henry Albert (27, packer)</persName>,
<rs id="t19110717-18-verdict-1" type="verdictDescription">
<interp inst="t19110717-18-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-18-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19110717-18-offence-1" type="offenceDescription">
<interp inst="t19110717-18-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19110717-18-offence-1" type="offenceSubcategory" value="bigamy"/>of feloniously marrying
<persName id="t19110717-name-72" type="victimName">
<interp inst="t19110717-name-72" type="gender" value="female"/>
<interp inst="t19110717-name-72" type="surname" value="ROBERTS"/>
<interp inst="t19110717-name-72" type="given" value="GLADYS WINIFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-18-offence-1 t19110717-name-72"/>Gladys Winifred Roberts</persName>, his former wife being then alive.</rs> </p>
<p>The woman Roberts admitted that at the time of going through the form of marriage with prisoner she knew he was a married man; she was then "in trouble" by his brother.</p>
<rs id="t19110717-18-punishment-14" type="punishmentDescription">
<interp inst="t19110717-18-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-18-punishment-14" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-18-19110717 t19110717-18-punishment-14"/>Six months' hard labour</rs>,</p> </div1>
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<interp inst="t19110717-19" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-19" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-19-charge-1" targOrder="Y" targets="def1-19-19110717 t19110717-19-offence-1 t19110717-19-verdict-1"/>
<join result="criminalCharge" id="t19110717-19-charge-2" targOrder="Y" targets="def1-19-19110717 t19110717-19-offence-2 t19110717-19-verdict-1"/>
<persName id="def1-19-19110717" type="defendantName">
<interp inst="def1-19-19110717" type="gender" value="male"/>
<interp inst="def1-19-19110717" type="age" value="38"/>
<interp inst="def1-19-19110717" type="surname" value="MURDOCK"/>
<interp inst="def1-19-19110717" type="given" value="CHARLES"/>
<interp inst="def1-19-19110717" type="occupation" value="ship's fireman"/>
<hi rend="largeCaps">MURDOCK</hi>, Charles (38, ship's fireman)</persName>,
<rs id="t19110717-19-verdict-1" type="verdictDescription">
<interp inst="t19110717-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-19-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19110717-19-offence-1" type="offenceDescription">
<interp inst="t19110717-19-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19110717-19-offence-1" type="offenceSubcategory" value="burglary"/>of burg-lary in the dwelling house of
<persName id="t19110717-name-74" type="victimName">
<interp inst="t19110717-name-74" type="gender" value="male"/>
<interp inst="t19110717-name-74" type="surname" value="ROBINSON"/>
<interp inst="t19110717-name-74" type="given" value="OBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-19-offence-1 t19110717-name-74"/>Obert Robinson</persName>, and stealing therein a diamond ring and other articles, his goods.</rs>
<rs id="t19110717-19-offence-2" type="offenceDescription">
<interp inst="t19110717-19-offence-2" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19110717-19-offence-2" type="offenceSubcategory" value="wounding"/>Feloniously wounding the said
<persName id="t19110717-name-75" type="victimName">
<interp inst="t19110717-name-75" type="gender" value="male"/>
<interp inst="t19110717-name-75" type="surname" value="ROBINSON"/>
<interp inst="t19110717-name-75" type="given" value="OBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-19-offence-2 t19110717-name-75"/>Obert Robinson</persName> with intent to do him grievous bodily harm, and with intent to resist his lawful apprehension.</rs> </p>
<p>A number of previous convictions (dating back to 1902) were proved.</p>
<rs id="t19110717-19-punishment-15" type="punishmentDescription">
<interp inst="t19110717-19-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-19-punishment-15" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-19-19110717 t19110717-19-punishment-15"/>Seven years' penal servitude, on each indictment; to run concurrently.</rs> </p> </div1>
<div1 type="trialAccount" id="t19110717-20">
<interp inst="t19110717-20" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-20" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-20-charge-1" targOrder="Y" targets="def1-20-19110717 t19110717-20-offence-1 t19110717-20-verdict-1"/>
<persName id="def1-20-19110717" type="defendantName">
<interp inst="def1-20-19110717" type="gender" value="male"/>
<interp inst="def1-20-19110717" type="age" value="37"/>
<interp inst="def1-20-19110717" type="surname" value="DONOVAN"/>
<interp inst="def1-20-19110717" type="given" value="HENRY"/>
<interp inst="def1-20-19110717" type="occupation" value="taxi, driver"/>
<hi rend="largeCaps">DONOVAN</hi>, Henry (37, taxi, driver)</persName>
<rs id="t19110717-20-offence-1" type="offenceDescription">
<interp inst="t19110717-20-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19110717-20-offence-1" type="offenceSubcategory" value="fraud"/>. Having received certain money, £4 3s. 4d., for and on account of
<persName id="t19110717-name-77" type="victimName">
<interp inst="t19110717-name-77" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-20-offence-1 t19110717-name-77"/>the National Motor Cab Company, Limited</persName>, unlawfully and fraudulently did convert the same to his own use and benefit.</rs> </p>
<p>Mr. Muir prosecuted; Mr. Warburton defended.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-78" type="witnessName">
<interp inst="t19110717-name-78" type="gender" value="male"/>
<interp inst="t19110717-name-78" type="surname" value="NEWETT"/>
<interp inst="t19110717-name-78" type="given" value="ARTHUR"/>ARTHUR NEWETT</persName> </hi>, gatekeeper to National Motor Cab Company, Limited, King Street garage, Hammersmith. Prisoner has been a driver of taxi, cabs for the company since last December. The usual time for a driver to keep his cab out is from 12 to 14 hours. On May 30 prisoner took his cab out and did not bring it back till between 5 and 6 a.m. on June 2. The meter showed gross takings of £5 11s. 2d. and deducting the driver's proportion, 25 per cent., £1 7s. 10d., it leaves £4 3s. 4d. to be paid to the company.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-79" type="witnessName">
<interp inst="t19110717-name-79" type="gender" value="male"/>
<interp inst="t19110717-name-79" type="surname" value="MARTIN"/>
<interp inst="t19110717-name-79" type="given" value="JOHN"/>JOHN MARTIN</persName> </hi>, night foreman. On May 30 I gave prisoner an order for two extra gallons of petrol, which he took. He said he was going to Epsom races.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-80" type="witnessName">
<interp inst="t19110717-name-80" type="gender" value="male"/>
<interp inst="t19110717-name-80" type="surname" value="COBOURNE"/>
<interp inst="t19110717-name-80" type="given" value="THOMAS ARTHUR"/>THOMAS ARTHUR COBOURNE</persName> </hi>, garage superintendent. I engaged de—I fendant as driver. He did not pay for the cab he brought back on June 2, and I did not see him until the 12th, when I went in search of him. I found he had moved to 11, Lillie Mansions. I asked him what the trouble was and he said he was sorry but he was in diffi-culties and had to use the money to pay the brokers out. I told him to come and see Mr. Greathead, the general manager, at once. He did not come until the 16th.</p>
<xptr type="pageFacsimile" doc="191107170015"/>
<p>Cross-examined. The payments for the cabs by drivers are occa
<lb/>sionally deferred although they are honest men. We do not allow drivers to take a cab out without paying for the last one unless they make an arrangement with the general manager. Prisoner's new address was only about 500 yards away from his old one.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-81" type="witnessName">
<interp inst="t19110717-name-81" type="gender" value="male"/>
<interp inst="t19110717-name-81" type="surname" value="IGGULDEN"/>
<interp inst="t19110717-name-81" type="given" value="ERNEST"/>ERNEST IGGULDEN</persName> </hi>, chief cashier. The sum of £4 3s. 4d. is due from prisoner according to the taximetre. That has not been paid at all.</p>
<p>Cross-examined. It does happen sometimes that a driver gets into arrear and takes out a cab and then pays afterwards.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-82" type="witnessName">
<interp inst="t19110717-name-82" type="gender" value="male"/>
<interp inst="t19110717-name-82" type="surname" value="GREATHEAD"/>
<interp inst="t19110717-name-82" type="given" value="EDWARD ARCHER"/>EDWARD ARCHER GREATHEAD</persName> </hi>, general manager. One of the condi
<lb/>tions of prisoner's employment is to pay to the company 75 per cent. of the fares shown on the clock the morning after bringing the cab back. He then gets a pass which enables him to take a cab out. As prisoner did not return after June 2 I sent Mr. Cobourne in search of him and on June 16 prisoner came to my office. I asked him what he had done with the £4 3s. 4d. due to the company. He said he had used it to pay out the brokers, and he pulled out some papers in proof. I declined to look at them. I said, "You have stolen our money, and I do not care what you used it for." He then asked me if I would let him pay the money off by instalments and go to work that day. I declined, and said I should put the matter in the solicitor's hands if we did not get the money. He then suggested I should take £2 on account, which I declined. He came again two or three days after
<lb/>wards and offered 10s. down, but I declined and communicated with he solicitor. Prisoner had been in arrear before, somewhere about £1. That has not been paid.</p>
<p>Cross-examined. Prisoner did offer to pay 10s. and to take a cab out, and we should have been paid off directly he got money by the cab. I would not know until the end of the week that the money had not been paid, and I did not trouble until the 12th, thinking the man would be coming back every day. You do not suspect a man of criminal intention right away.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-83" type="witnessName">
<interp inst="t19110717-name-83" type="gender" value="male"/>
<interp inst="t19110717-name-83" type="surname" value="DONOVAN"/>
<interp inst="t19110717-name-83" type="given" value="HENRY"/>HENRY DONOVAN</persName> </hi> (prisoner, on oath). I have held a hackney car-riage driver's licence for 16 years and for a stage carriage for 12 years. During those 28 years I have had no suggestion against my character, or my honesty. I am a married man with nine children. After giving up horse-cabs I became a taxi, driver. I have held my'licence for a year and nine months and have had no complaint as to my honesty during that time. On May 30 a fare engaged me to take him to Epsom Races. I drove him there and he ordered me to wait to take him back to London. I never saw him again. There was 25s. on the meter then. I made enquiries in Epsom but could find no trace of the man and not having the money that was on the meter I kept the cab out until such time as I thought I might earn the money that was owing. I kept the cab out working until the Friday morning, when I took it back to the garage and had the figures on the meter</p>
<xptr type="pageFacsimile" doc="191107170016"/>
<p>registered in the book and the petrol measured by the gatekeeper. Different people saw me there, and I went away and was unable to get the rest of the money. On June 3 my landlord threatened to dis
<lb/>train and I paid him part payment and got his permission to move. I borrowed £2 and offered that to the company on June 16 and my services free to drive a cab in Coronation week, which would have cleared the debt. I was in arrear with the company also at Christmas time.</p>
<p>Cross-examined. I have never been "bilked" before as a taxi driver. When I was short about a sovereign at Christmas time I gave the excuse that I had used part of the takings for my own purposes, I was engaged first by the General Motor Cab Company and left owing them 19s., which I have since paid. I may have omitted to tell Mr. Cobourne that I had been "bilked" at Epsom, but I think I men
<lb/>tioned the circumstance. I did complain to the police at 'Epsom and took the number of the policeman, but I have destroyed the paper. I know it is the practice of the yard to give time to pay or to excuse payment altogether if a driver proves that he has been bilked, but I did not complain to anybody about it because I was away all the time looking to see if I could find the fare at the place where I picked him up, the Premier Hotel, Dover Street, and summons him. I did not pay the company the money I earned with the cab on the other days because I had not the full amount, and if I had taken the cab back without it they would not have let me take it out the next day. I do bet, but not usually.</p>
<rs id="t19110717-20-verdict-1" type="verdictDescription">
<interp inst="t19110717-20-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19110717-20-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
<div1 type="trialAccount" id="t19110717-21">
<interp inst="t19110717-21" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-21" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-21-charge-1" targOrder="Y" targets="def1-21-19110717 t19110717-21-offence-1 t19110717-21-verdict-1"/>
<join result="criminalCharge" id="t19110717-21-charge-2" targOrder="Y" targets="def1-21-19110717 t19110717-21-offence-2 t19110717-21-verdict-1"/>
<join result="criminalCharge" id="t19110717-21-charge-3" targOrder="Y" targets="def1-21-19110717 t19110717-21-offence-3 t19110717-21-verdict-1"/>
<join result="criminalCharge" id="t19110717-21-charge-4" targOrder="Y" targets="def1-21-19110717 t19110717-21-offence-4 t19110717-21-verdict-1"/>
<join result="criminalCharge" id="t19110717-21-charge-5" targOrder="Y" targets="def1-21-19110717 t19110717-21-offence-5 t19110717-21-verdict-1"/>
<join result="criminalCharge" id="t19110717-21-charge-6" targOrder="Y" targets="def1-21-19110717 t19110717-21-offence-6 t19110717-21-verdict-1"/>
<join result="criminalCharge" id="t19110717-21-charge-7" targOrder="Y" targets="def1-21-19110717 t19110717-21-offence-7 t19110717-21-verdict-1"/>
<join result="criminalCharge" id="t19110717-21-charge-8" targOrder="Y" targets="def1-21-19110717 t19110717-21-offence-8 t19110717-21-verdict-1"/>
<persName id="def1-21-19110717" type="defendantName">
<interp inst="def1-21-19110717" type="gender" value="male"/>
<interp inst="def1-21-19110717" type="age" value="29"/>
<interp inst="def1-21-19110717" type="surname" value="BAGHINO"/>
<interp inst="def1-21-19110717" type="given" value="JOHN JAMES"/>
<interp inst="def1-21-19110717" type="occupation" value="journalist"/>
<hi rend="largeCaps">BAGHINO</hi>, John James (29, journalist)</persName>
<rs id="t19110717-21-offence-1" type="offenceDescription">
<interp inst="t19110717-21-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19110717-21-offence-1" type="offenceSubcategory" value="forgery"/>, feloniously forging a deed dated
<rs id="t19110717-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19110717-21-offence-1 t19110717-cd-1"/>September 11, 1905</rs>, and purporting to be an agreement between himself and
<persName id="t19110717-name-85" type="victimName">
<interp inst="t19110717-name-85" type="gender" value="male"/>
<interp inst="t19110717-name-85" type="surname" value="BAGHINO"/>
<interp inst="t19110717-name-85" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-21-offence-1 t19110717-name-85"/>James Baghino</persName>, on
<rs id="t19110717-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19110717-21-offence-1 t19110717-cd-2"/>September 11, 1905</rs>, with intent to defraud;</rs>
<rs id="t19110717-21-offence-2" type="offenceDescription">
<interp inst="t19110717-21-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19110717-21-offence-2" type="offenceSubcategory" value="forgery"/>feloniously uttering the said deed, knowing it to be forged, with intent to defraud, on the said
<rs id="t19110717-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19110717-21-offence-2 t19110717-cd-3"/>September 11, 1905</rs>;</rs>
<rs id="t19110717-21-offence-3" type="offenceDescription">
<interp inst="t19110717-21-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t19110717-21-offence-3" type="offenceSubcategory" value="forgery"/>feloniously obtaining from
<persName id="t19110717-name-86" type="victimName">
<interp inst="t19110717-name-86" type="gender" value="male"/>
<interp inst="t19110717-name-86" type="surname" value="BLAIR"/>
<interp inst="t19110717-name-86" type="given" value="DUNCAN RAMSAY"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-21-offence-3 t19110717-name-86"/>Duncan Ramsay Blair</persName> two valuable securi
<lb/>ties, to wit, two banker's cheques for the payment and of the value of £375 and £5, respectively, by virtue of a certain forged instrument, to wit, the aforesaid forged deed, knowing the same to be forged, with intent to defraud, on September 13, 1905;</rs>
<rs id="t19110717-21-offence-4" type="offenceDescription">
<interp inst="t19110717-21-offence-4" type="offenceCategory" value="deception"/>
<interp inst="t19110717-21-offence-4" type="offenceSubcategory" value="forgery"/>feloniously obtaining from
<persName id="t19110717-name-87" type="victimName">
<interp inst="t19110717-name-87" type="gender" value="male"/>
<interp inst="t19110717-name-87" type="surname" value="BLAIR"/>
<interp inst="t19110717-name-87" type="given" value="DUNCAN RAMSAY"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-21-offence-4 t19110717-name-87"/>Duncan Ramsay Blair</persName> a valuable security, to wit, a banker's cheque for the payment and of the value of £3,650, by virtue of the forged instrument aforesaid, knowing the same to be forged, with intent to defraud, on
<rs id="t19110717-cd-4" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19110717-21-offence-4 t19110717-cd-4"/>October 31, 1905</rs>;</rs>
<rs id="t19110717-21-offence-5" type="offenceDescription">
<interp inst="t19110717-21-offence-5" type="offenceCategory" value="deception"/>
<interp inst="t19110717-21-offence-5" type="offenceSubcategory" value="fraud"/>on
<rs id="t19110717-cd-5" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19110717-21-offence-5 t19110717-cd-5"/>August 1, 1905</rs>, and on divers other days, unlawfully conspiring and agreeing togther with
<persName id="t19110717-name-88">
<interp inst="t19110717-name-88" type="gender" value="male"/>
<interp inst="t19110717-name-88" type="surname" value="MASON"/>
<interp inst="t19110717-name-88" type="given" value="ROBERT"/>Robert Mason</persName> and
<persName id="t19110717-name-89">
<interp inst="t19110717-name-89" type="gender" value="male"/>
<interp inst="t19110717-name-89" type="surname" value="STRONG"/>
<interp inst="t19110717-name-89" type="given" value="GEORGE"/>George Strong</persName> to obtain from
<persName id="t19110717-name-90" type="victimName">
<interp inst="t19110717-name-90" type="gender" value="male"/>
<interp inst="t19110717-name-90" type="surname" value="BLAIR"/>
<interp inst="t19110717-name-90" type="given" value="DUNCAN RAMSAY"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-21-offence-5 t19110717-name-90"/>Duncan Ramsay Blair</persName> certain of his valuable securities and moneys, to the amount of £4,000, by false pretences and to cheat and defraud him of the same;</rs>
<rs id="t19110717-21-offence-6" type="offenceDescription">
<interp inst="t19110717-21-offence-6" type="offenceCategory" value="deception"/>
<interp inst="t19110717-21-offence-6" type="offenceSubcategory" value="forgery"/>on the dates aforesaid unlawfully conspiring and agreeing together with the said
<persName id="t19110717-name-91">
<interp inst="t19110717-name-91" type="gender" value="male"/>
<interp inst="t19110717-name-91" type="surname" value="MASON"/>
<interp inst="t19110717-name-91" type="given" value="ROBERT"/>Robert Mason</persName> and
<persName id="t19110717-name-92">
<interp inst="t19110717-name-92" type="gender" value="male"/>
<interp inst="t19110717-name-92" type="surname" value="STRONG"/>
<interp inst="t19110717-name-92" type="given" value="GEORGE"/>George Strong</persName>, feloniously to forge the deed afore
<rs id="t19110717-21-offence-7" type="offenceDescription">
<interp inst="t19110717-21-offence-7" type="offenceCategory" value="deception"/>
<interp inst="t19110717-21-offence-7" type="offenceSubcategory" value="fraud"/>on
<rs id="t19110717-cd-6" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19110717-21-offence-7 t19110717-cd-6"/>September 13,1905</rs>, unlawfully obtaining two valuable securi
<lb/>ties, to wit, two banker's cheques for the payment and of the value of £375 and £5, respectively, from
<persName id="t19110717-name-93" type="victimName">
<interp inst="t19110717-name-93" type="gender" value="male"/>
<interp inst="t19110717-name-93" type="surname" value="BLAIR"/>
<interp inst="t19110717-name-93" type="given" value="DUNCAN RAMSAY"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-21-offence-7 t19110717-name-93"/>Duncan Ramsay Blair</persName>, by false pretences, with intent to defraud;</rs>
<rs id="t19110717-21-offence-8" type="offenceDescription">
<interp inst="t19110717-21-offence-8" type="offenceCategory" value="deception"/>
<interp inst="t19110717-21-offence-8" type="offenceSubcategory" value="fraud"/>on
<rs id="t19110717-cd-7" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19110717-21-offence-8 t19110717-cd-7"/>October 31, 1905</rs>, unlawfully obtaining a valuable security, to wit, a banker's cheque for the pay-ment and of the value of £3,650 from
<persName id="t19110717-name-94" type="victimName">
<interp inst="t19110717-name-94" type="gender" value="male"/>
<interp inst="t19110717-name-94" type="surname" value="BLAIR"/>
<interp inst="t19110717-name-94" type="given" value="DUNCAN RAMSAY"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-21-offence-8 t19110717-name-94"/>Duncan Ramsay Blair</persName>, by false pretences, with intent to defraud.</rs> </p>
<xptr type="pageFacsimile" doc="191107170017"/>
<rs id="t19110717-21-verdict-1" type="verdictDescription">
<interp inst="t19110717-21-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-21-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>pleaded guilty to uttering the deed on September 11, 1905, but not to the forgery; the plea was accepted by the prosecution.</rs> </p>
<p>This was a sequel to the case of R. v. Mason (1906), reported in the C.C.C." Sessions Papers' vol. CXLV., p. 320. Prisoner now stated that at the time of the transactions referred to in the indictment he believed that Mason was a solicitor He had acted in perfect good faith, believing that such borrowings as he made would be repaid out of reversions to which he was entitled.</p>
<rs id="t19110717-21-punishment-16" type="punishmentDescription">
<interp inst="t19110717-21-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-21-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-21-19110717 t19110717-21-punishment-16"/>Six months' imprisonment, second division.</rs> </p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE LUMLEY SMITH.</hi> </p>
<p>(Tuesday, July 18.)</p> </div1>
<div1 type="trialAccount" id="t19110717-22">
<interp inst="t19110717-22" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-22" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-22-charge-1" targOrder="Y" targets="def1-22-19110717 t19110717-22-offence-1 t19110717-22-verdict-1"/>
<persName id="def1-22-19110717" type="defendantName">
<interp inst="def1-22-19110717" type="gender" value="male"/>
<interp inst="def1-22-19110717" type="surname" value="SEABRIGHT"/>
<interp inst="def1-22-19110717" type="given" value="ARTHUR EDWARD SAUNDERS"/>
<hi rend="largeCaps">SEABRIGHT</hi>, Arthur Edward Saunders</persName>
<rs id="t19110717-22-offence-1" type="offenceDescription">
<interp inst="t19110717-22-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19110717-22-offence-1" type="offenceSubcategory" value="bankrupcy"/>, being an undischarged bankrupt, did unlawfully obtain credit from
<persName id="t19110717-name-96" type="victimName">
<interp inst="t19110717-name-96" type="gender" value="male"/>
<interp inst="t19110717-name-96" type="surname" value="MILLER"/>
<interp inst="t19110717-name-96" type="given" value="ANDREW CORNWALL"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-22-offence-1 t19110717-name-96"/>Andrew Cornwall Miller</persName> to the amount of £50, without informing him that he was an undis-charged bankrupt.</rs> </p>
<p>The prosecution offering no evidence, the jury returned a verdict of
<rs id="t19110717-22-verdict-1" type="verdictDescription">
<interp inst="t19110717-22-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19110717-22-verdict-1" type="verdictSubcategory" value="noEvidence"/>Not Guilty.</rs> </p> </div1>
<div1 type="trialAccount" id="t19110717-23">
<interp inst="t19110717-23" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-23" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-23-charge-1" targOrder="Y" targets="def1-23-19110717 t19110717-23-offence-1 t19110717-23-verdict-1"/>
<persName id="def1-23-19110717" type="defendantName">
<interp inst="def1-23-19110717" type="gender" value="male"/>
<interp inst="def1-23-19110717" type="age" value="33"/>
<interp inst="def1-23-19110717" type="surname" value="DAY"/>
<interp inst="def1-23-19110717" type="given" value="JOHN WILLIAM"/>
<interp inst="def1-23-19110717" type="occupation" value="postman"/>
<hi rend="largeCaps">DAY</hi>, John William (33, postman)</persName>
<rs id="t19110717-23-offence-1" type="offenceDescription">
<interp inst="t19110717-23-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19110717-23-offence-1" type="offenceSubcategory" value="mail"/>, stealing two postal packets con-taining respectively a postal order for the payment of 7s. and two postal orders for the payment of 20s. each, the property of
<persName id="t19110717-name-98" type="victimName">
<interp inst="t19110717-name-98" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-23-offence-1 t19110717-name-98"/>H.M. Postmaster-General</persName>, he being an officer of the Post Office.</rs> </p>
<p>Mr. Forster Boulton prosecuted; Mr. St. John Macdonald defended.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-99" type="witnessName">
<interp inst="t19110717-name-99" type="gender" value="male"/>
<interp inst="t19110717-name-99" type="surname" value="BURROWS"/>
<interp inst="t19110717-name-99" type="given" value="JOHN WILLIAM"/>JOHN WILLIAM BURROWS</persName> </hi>, accountant, Highbury. On April 13 I wrote a letter to Mrs. Hider, of 12, Hemingford Road, Barnsbury, enclosing a postal order for 7s. I had the counterfoil. I posted the letter at Finsbury Pavement Post Of the between 2 p.m. and 3 p.m.</p>
<persName id="t19110717-name-100" type="witnessName">
<interp inst="t19110717-name-100" type="gender" value="female"/>
<interp inst="t19110717-name-100" type="surname" value="HIDER"/>
<interp inst="t19110717-name-100" type="given" value="HETTY"/>
<hi rend="smallCaps">HETTY HIDER</hi> </persName>, 12; Hemingford Road. I did not receive the letter or postal order.</p>
<persName id="t19110717-name-101" type="witnessName">
<interp inst="t19110717-name-101" type="gender" value="male"/>
<interp inst="t19110717-name-101" type="surname" value="WATERMAN"/>
<interp inst="t19110717-name-101" type="given" value=""/>
<hi rend="smallCaps">WATERMAN</hi> </persName>, overseer, Northern District Post Office. Prisoner was employed at the Northern District Office as an established post-man. The letter referred to by Mr. Burrows would have reached the Northern District office about 6.30 and would be delivered in Heming-ford Road about 8.15. It would have been prisoner's duty to deliver it.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-102" type="witnessName">
<interp inst="t19110717-name-102" type="gender" value="male"/>
<interp inst="t19110717-name-102" type="surname" value="REEVE"/>
<interp inst="t19110717-name-102" type="given" value="JOHN"/>JOHN REEVE</persName> </hi>, "City of Rome" public-house, Roman Road, Barns-bury. I know prisoner as a postman. On April 13 my assistant, Joseph Phillip, showed me this order. (Produced.) I said to prisoner, "Is this your's, Jack?" He said, "Yes, take the 1s. 6d. I owe you." He had owed me 1s. 6d. for some time. I wrote my name and address on the order. When I saw prisoner again an in
<xptr type="pageFacsimile" doc="191107170018"/>
<p>from the Post Office had called at my place of business the previous day making inquiries about this matter. I said to prisoner, "Jack, they are making inquiries about the postal order I changed for you." He said, "That is quite all right; I can tell you where I got it from when I get home by referring to a book in which I keep the numbers of all postal orders I handle." I have had no other such transaction with him.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-103" type="witnessName">
<interp inst="t19110717-name-103" type="gender" value="male"/>
<interp inst="t19110717-name-103" type="surname" value="STEVENS"/>
<interp inst="t19110717-name-103" type="given" value="JOHN GEORGE"/>JOHN GEORGE STEVENS</persName> </hi>, clerk, Secretary's Office, General Post Office. Complaint having been made about the loss of this postal order, I began making inquiries and found that it had been cashed by a post-office. I traced it back to Mr. Reeve, whose name was on it. In consequence of what he said I saw prisoner on June 15. I told him who I was and that I was making inquiries about a missing postal order, that he need not answer any of my questions, but if he chose to answer them I would take them down and they might be used against him afterwards. He replied, "Yes." I produced the postal order and told him how and when it was sent, and that the licensee of the "City of Rome" had told me it was cashed for Jack Day less 1s. 6d. which he owed, and that he had since informed Jack Day, and that Jack Day had said, "I can easily tell when I get home by looking at the book in which I enter the numbers of all the postal orders I handle." He said, "That is quite correct. I received that in part pay
<lb/>ment from Mr. James Wainwright, who has gone to Northampton, I think. He gave me 8s. on the corner of Huntingdon Street and Hem
<lb/>ingford Road. He borrowed money from me two years ago to get his tools out of pawn that were pawned when he was out of work. It was the Thursday before Good Friday. He was a school chum of mine." He then produced a book from his pocket and referred to it. He said "I thought I entered it in this book, but I see I did not." He said he would try and find Wainwright. I understood him to say he would write to the secretary of some postmen's association who would assist in finding him. He said Wainwright was a carpenter. He could produce nobody who knew Wainwright.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-104" type="witnessName">
<interp inst="t19110717-name-104" type="gender" value="male"/>
<interp inst="t19110717-name-104" type="surname" value="WHITE"/>
<interp inst="t19110717-name-104" type="given" value="PERCY"/>PERCY WHITE</persName> </hi>, detective G.P.O. I was present at the interview Mr. Stevens had with prisoner on June 15. I arrested prisoner on July 3 about 8 a.m. On the way to Cannon Row police station he said: "I am innocent of this." When charged, he made no reply. I found this pocket book on him. There is no entry of any postal order in it. Exhibit 3 is a letter from the general manager of the Postmen's Federation in answer to one from prisoner. It says: "I am sending you names of contractors in this town if you would like to make enquiries as to the individual you are in search of. My comrades here would do it if you can send his name." I have made no enquiries myself.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-105" type="witnessName">
<interp inst="t19110717-name-105" type="gender" value="male"/>
<interp inst="t19110717-name-105" type="surname" value="DAY"/>
<interp inst="t19110717-name-105" type="given" value="JOHN WM"/>JOHN WM. DAY</persName> </hi> (prisoner, on oath). I have been 20 years in the post office. My father was in the service; I have received no pay since</p>
<xptr type="pageFacsimile" doc="191107170019"/>
<p>my suspension on June 15, and have had no opportunity of doing any
<lb/>thing. I cashed the postal order with Mr. Reeve. On the night received it I attended the office at 6.10 for duty. After I had finished my duty I met Mr. Read, a witness who will be shortly called. We had a drink in the Huntingdon Arms. I had a conversation with two or three people, and stopped there till 9.45. Two years before Jas. Wainwright, a very old school chum of mine, showed me a pawn ticket for 35s. for his tools. I lent him £2, and he repaid me with postal orders of 2s., 3s., 4s., and 5s. This is the first postal order I have changed in a public house. He gave me this postal order for 7s. out
<lb/>side 167, Hemingford Road. The post office which is at No. 171 was closed. I was not short of money, I had received my pay. I went into the "City of Rome." On my way upstairs to the Buffalo Lodge I said to the assistant, "Is Mr. Reeve in the bar?" He said: "Yes." I said, "Would you ask him to oblige me with change for this."Mr. Reeve came forward and asked me if the postal order belonged to me. I said, "Yes, it is all right," and showed him my uniform number. He gave me 5s. 6d. Wainwright has repaid me 28s. At the time he borrowed the £2 he was living at Rowton House, King's Cross Road I have made enquiries there this morning, and find he has been there as lately as last year, and stopped there from Thursday till Mon
<lb/>day. The porter told me they kept no record of temporary lodgers after one month, and no records of any lodgers after two months, but they know the man well by his constantly using the establishment for two or three days at a time. I have made efforts to find Wainwright, I was unable to obtain the pawnticket from the pawnbroker this morn
<lb/>ing. I started my duty on April 13 at 10 a.m., and finished at 2.55. My next duty was 6.10 to 8.35 p.m. I sent several test letters on July 14 from Finsbury Pavement post office between 2 and 3 p.m. They should arrive at the Northern District office for the 4.40 delivery. One letter addressed to Mr. Read, 94, Hemingford Road, was received by him at 6.25. The back stamp on the letter is 5.45. One addressed 95, St. Paul's Road, Highbury, was received there at 7.50, that is dated London, E.C. 3.3., received at the Northern District office 5.45. One to my sister, 10, Whatmore Road, dated London, E.C. 3.20, was received by her at 7.30. There is no back stamp on that. ne I posted to my wife at 40, Baxter Road, Essex Road, at 2.45 arrived there at 7.20. It bears the E.C. stamp 3.30. One addressed 99, St. Paul's Road, Highbury, was received at 7 and delivered at 8 p.m.</p>
<p>Cross-examined. Mr. Reeves' statement as to what I said to him is substantially correct. That postal order was the first one I cashed in 1911; the last order I cashed before that was October 28, 1910. The pocket-book I referred to when I made the statement to Mr. Reeve was a last year's pocket book, similar to the one shown in evidence. I told him probably I should have the number of it. I did not give him to perfectly understand I had the number, but that I knew where the postal order had come from. I cannot say I have no book for 1910; at present my home is packed up in two rooms and I am en-able to get to my goods. I cannot say if the book is in any part of my</p>
<xptr type="pageFacsimile" doc="191107170020"/>
<p>old uniform. I told Mr. Stevens I got this order from Wainwriglit. He is about my own age, 5 feet 10 inches or 6 feet, flaxen colour moustache and hair, and was wearing a blue serge suit and black bowler hat. I told Mr. Stevens that he was in Northampton at that time, and I should endeavour to find him. I called at Rowton House last night and this morning. I did not see the same porter. I got the postal order from Wainwright at 7.55. There was plenty of oppor
<lb/>tunity for the postal order to be changed by half a dozen pople before it came to me. The letter was not on my particular delivery; it should not have arrived for my delivery. I was not within 80 or 100 yards of No. 12, Hemingford Road that night. Letters are dropped by postmen in the streets. Anybody might have picked it up from the postman on the beat previous to me. I do not see the curiousness of my being in possession of the postal order. None of the test letters I sent were delivered by the 7.20 delivery as you call it.</p>
<rs id="t19110717-23-verdict-1" type="verdictDescription">
<interp inst="t19110717-23-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-23-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<rs id="t19110717-23-punishment-17" type="punishmentDescription">
<interp inst="t19110717-23-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-23-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-23-19110717 t19110717-23-punishment-17"/>Four months' imprisonment, second division.</rs> </p> </div1>
<div1 type="trialAccount" id="t19110717-24">
<interp inst="t19110717-24" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-24" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-24-charge-1" targOrder="Y" targets="def1-24-19110717 t19110717-24-offence-1 t19110717-24-verdict-1"/>
<join result="criminalCharge" id="t19110717-24-charge-2" targOrder="Y" targets="def1-24-19110717 t19110717-24-offence-2 t19110717-24-verdict-1"/>
<persName id="def1-24-19110717" type="defendantName">
<interp inst="def1-24-19110717" type="gender" value="male"/>
<interp inst="def1-24-19110717" type="age" value="28"/>
<interp inst="def1-24-19110717" type="surname" value="DAVIES"/>
<interp inst="def1-24-19110717" type="given" value="PHILLIP REES"/>
<interp inst="def1-24-19110717" type="occupation" value="hosier"/>
<hi rend="largeCaps">DAVIES</hi>, Phillip Rees (28, hosier)</persName>,
<rs id="t19110717-24-verdict-1" type="verdictDescription">
<interp inst="t19110717-24-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-24-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19110717-24-offence-1" type="offenceDescription">
<interp inst="t19110717-24-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19110717-24-offence-1" type="offenceSubcategory" value="fraud"/>that, in incurring a debt to
<persName id="t19110717-name-107" type="victimName">
<interp inst="t19110717-name-107" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-24-offence-1 t19110717-name-107"/>Courtney, Pope and Co., Limited</persName>, he did unlawfully obtain credit under false pretences; </rs>
<rs id="t19110717-24-offence-2" type="offenceDescription">
<interp inst="t19110717-24-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19110717-24-offence-2" type="offenceSubcategory" value="fraud"/>also, unlawfully by false pretences obtaining from
<persName id="t19110717-name-108" type="victimName">
<interp inst="t19110717-name-108" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-24-offence-2 t19110717-name-108"/>Courtney, Pope and Co., Limited</persName>, a quantity of shop fittings, their goods, with intent to defraud.</rs> </p>
<p>Prisoner was
<rs id="t19110717-24-punishment-18" type="punishmentDescription">
<interp inst="t19110717-24-punishment-18" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19110717-24-punishment-18" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-24-19110717 t19110717-24-punishment-18"/>released on the recognisances of himself and another in £50 to come up for judgment if called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t19110717-25">
<interp inst="t19110717-25" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-25" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-25-charge-1" targOrder="Y" targets="def1-25-19110717 t19110717-25-offence-1 t19110717-25-verdict-1"/>
<persName id="def1-25-19110717" type="defendantName">
<interp inst="def1-25-19110717" type="gender" value="male"/>
<interp inst="def1-25-19110717" type="age" value="33"/>
<interp inst="def1-25-19110717" type="surname" value="DANIELS"/>
<interp inst="def1-25-19110717" type="given" value="WILLIAM HENRY"/>
<interp inst="def1-25-19110717" type="occupation" value="postman"/>
<hi rend="largeCaps">DANIELS</hi>, William Henry (33, postman)</persName>
<rs id="t19110717-25-offence-1" type="offenceDescription">
<interp inst="t19110717-25-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19110717-25-offence-1" type="offenceSubcategory" value="mail"/>, stealing one postal packet containing a postal order for the payment of 5s., the property of
<persName id="t19110717-name-110" type="victimName">
<interp inst="t19110717-name-110" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-25-offence-1 t19110717-name-110"/>H.M. Postmaster-General</persName>, he being an officer of the Post Office.</rs> </p>
<p>Mr. Forster Boulton prosecuted.</p>
<p>George Francis, chauffeur, 58, Violet Crescent, Shepherd's Bush. I purchased a postal order for 5s. on April 13 and sent it in a letter addressed to my mother at 36, Whateley Road, S.E. I posted it at Starch Green post-office about 12.15. I did not notice the time of the next collection.</p>
<p>Cross-examined by prisoner. I do not remember seeing you in the post-office.</p>
<p>Sarah Harriet Francis, 36, Whateley Street, S.E. I did not receive the letter or the postal order.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-111" type="witnessName">
<interp inst="t19110717-name-111" type="gender" value="male"/>
<interp inst="t19110717-name-111" type="surname" value="MILLS"/>
<interp inst="t19110717-name-111" type="given" value="FREDERICK WILLIAM"/>FREDERICK WILLIAM MILLS</persName> </hi>, head postman, Shepherd's Bush Post Office. Defendant was employed at our office on April 13. He was on duty up to mid-day. Letters posted at Starch Green are brought to the sorting office in Loftus Road. Prisoner had collected letters at Starch Green at 12.30 p.m. He absented himself after that collec
<lb/>tion on the plea of illness. He has not been on duty since.</p>
<p>To prisoner. There is nothing against you except the trouble you gave over your malingering. I paid your wages after the 12.3 despatch.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-112" type="witnessName">
<interp inst="t19110717-name-112" type="gender" value="male"/>
<interp inst="t19110717-name-112" type="surname" value="MCKECHNIE"/>
<interp inst="t19110717-name-112" type="given" value="JAMES"/>JAMES MCKECHNIE</persName> </hi>, draper, etc., Fulham Road. On April 13 pri
<lb/>soner gave me an order for clothes at his house, and said he would</p>
<xptr type="pageFacsimile" doc="191107170021"/>
<p>call and see me in the evening. He called about 6.30 and paid me this 5s. postal order and 1s. He was in uniform and I took his number, 1158 P. I sent my boy to cash the order the same day.</p>
<p>To prisoner. You did not force the order upon me. You offered me a half-sovereign, but I had not change. I did not think you had stolen the order.</p>
<persName id="t19110717-name-113" type="witnessName">
<interp inst="t19110717-name-113" type="gender" value="male"/>
<interp inst="t19110717-name-113" type="surname" value="CALDICOTT"/>
<interp inst="t19110717-name-113" type="given" value="RALPH"/>
<hi rend="smallCaps">RALPH CALDICOTT</hi> </persName>, G.P.O. On June 27 I had a warrant for prisoner's arrest, and went on July 1 to 8, Shepherd's Place, Pimlico, where he lives. I told him I was a police officer and read the warrant to him. He said his name was not Daniels but Harry Williams and it was a wrong accusation. I showed him a photograph of himself and he then admitted his name was Daniels.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-114" type="witnessName">
<interp inst="t19110717-name-114" type="gender" value="male"/>
<interp inst="t19110717-name-114" type="surname" value="DANIELS"/>
<interp inst="t19110717-name-114" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY DANIELS</persName> </hi> (prisoner, on oath). On April 13, about 5 p.m., I was having tea at the Golden Bell restaurant, when I got in conversation with a young man, who informed me that he was a postman at Paddington District office. He was wearing postmen's trousers, a blue serge jacket and vest and grey tweed cap. We went out together. He asked me to have a drink at the Devonshire Arms. He called for two drinks and produced this postal order for payment. The barman said, "You will have to wait for the governor; I cannot change it." The man had only 1 1/2 d. besides. I said, "I will accept it from you provided it is blank"; so I changed it for him and gave him the 5s. in the presence of the barman. After that we went out and this man was greeted by an acquaintance as George; I do not know his other name. I have sent a description of him to the Post-master-General. I sent and asked the barman if he remembered the incident to kindly appear as a witness. He sends me a letter that he can only remember slightly, not sufficient to be able to swear as to the description and the time. Late in the evening I went to Mr. McKechnie. At first I offered him a half-sovereign; he could not give me change and I asked him to accept the 5s. postal order.</p>
<p>Cross-examined. I left the post-office on April 13 because Dr. Barnes advised me if I could not walk, to elear out of it. I did not tell my superior I was going to leave. I intended to get Dr. Barnes at 7 p.m. to examine me and see if he had not made a mistake. I did not go. It is quite a coincidence that the postal order was stolen on the day I left and that this young man should have a postal order at the "Golden Bell," which was stolen from a letter which I ought to have collected. I returned my uniform in a bag with a label on it to Shepherd's Bush District Office. I wrote no letter of explana
<lb/>tion. I did not tell Mr. Caldicott my name was Harry Williams. When he said, "I have reason to believe your name is William Henry Daniels or Harry Williams." I did not answer. When he pulled out a photograph, I said, "That is me." He said, "I am looking for Henry Daniels, why did you not answer?" I did not think of cash
<lb/>ing the order at a post-office; I had no cause to change it, because</p>
<xptr type="pageFacsimile" doc="191107170022"/>
<p>I wanted it myself. It is my business as to whom I wanted to send it. I really relied on this barman coming. I did not go to my home at Shepherd's Bush properly after I left the post-office. I had a bit of a quarrel with my wife. I was arrested at Pimlico, where I was lodging by myself.</p>
<hi rend="smallCaps">CALDICOTT</hi>, re-called. In consequence of a letter I received I called at the "Devonshire Arms" and saw Gardiner, the head bar
<lb/>man. I told him the facts and he said at once that he some recol
<lb/>lection of a postman in uniform and a private person coming into the four
<lb/>ale bar and asking for drinks. The private person asked him to change a postal order; he could not say the amount. I closely ques
<lb/>tioned him as to the descriptions, and the description he gave of the person in uniform closely tallies with prisoner; the description of the private person does not tally with the description given by prisoner.</p>
<rs id="t19110717-25-verdict-1" type="verdictDescription">
<interp inst="t19110717-25-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19110717-25-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
<div1 type="trialAccount" id="t19110717-26">
<interp inst="t19110717-26" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-26" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-26-charge-1" targOrder="Y" targets="def1-26-19110717 t19110717-26-offence-1 t19110717-26-verdict-1"/>
<join result="criminalCharge" id="t19110717-26-charge-2" targOrder="Y" targets="def1-26-19110717 t19110717-26-offence-2 t19110717-26-verdict-1"/>
<join result="criminalCharge" id="t19110717-26-charge-3" targOrder="Y" targets="def1-26-19110717 t19110717-26-offence-3 t19110717-26-verdict-1"/>
<persName id="def1-26-19110717" type="defendantName">
<interp inst="def1-26-19110717" type="gender" value="male"/>
<interp inst="def1-26-19110717" type="age" value="43"/>
<interp inst="def1-26-19110717" type="surname" value="FITZGERALD"/>
<interp inst="def1-26-19110717" type="given" value="EDWARD"/>
<interp inst="def1-26-19110717" type="occupation" value="clerk"/>
<hi rend="largeCaps">FITZGERALD</hi>, Edward (43, clerk)</persName>
<rs id="t19110717-26-offence-1" type="offenceDescription">
<interp inst="t19110717-26-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19110717-26-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, being a servant to
<persName id="t19110717-name-116" type="victimName">
<interp inst="t19110717-name-116" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-26-offence-1 t19110717-name-116"/>Marshalls, Limited</persName>, and to
<persName id="t19110717-name-117" type="victimName">
<interp inst="t19110717-name-117" type="gender" value="male"/>
<interp inst="t19110717-name-117" type="surname" value="MARSHALL"/>
<interp inst="t19110717-name-117" type="given" value="ELI"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-26-offence-1 t19110717-name-117"/>Eli Marshall</persName>, did steal divers of their moneys; </rs>
<rs id="t19110717-26-offence-2" type="offenceDescription">
<interp inst="t19110717-26-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19110717-26-offence-2" type="offenceSubcategory" value="forgery"/>being a clerk in the employment of
<persName id="t19110717-name-118" type="victimName">
<interp inst="t19110717-name-118" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-26-offence-2 t19110717-name-118"/>Marshalls, Limited</persName>, and of
<persName id="t19110717-name-119" type="victimName">
<interp inst="t19110717-name-119" type="gender" value="male"/>
<interp inst="t19110717-name-119" type="surname" value="MARSHALL"/>
<interp inst="t19110717-name-119" type="given" value="ELI"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-26-offence-2 t19110717-name-119"/>Eli Marshall</persName>, unlawfully with intent to defraud did falsify a cash book belonging to his said employers: </rs>
<rs id="t19110717-26-offence-3" type="offenceDescription">
<interp inst="t19110717-26-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t19110717-26-offence-3" type="offenceSubcategory" value="forgery"/>feloniously forging the endorsements on divers bankers' cheques with intent to defraud.</rs> </p>
<rs id="t19110717-26-verdict-1" type="verdictDescription">
<interp inst="t19110717-26-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-26-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>pleaded guilty of falsification of accounts.</rs>
<rs id="t19110717-26-punishment-19" type="punishmentDescription">
<interp inst="t19110717-26-punishment-19" type="punishmentCategory" value="noPunish"/>
<interp inst="t19110717-26-punishment-19" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-26-19110717 t19110717-26-punishment-19"/>Sentence was postponed to next Sessions.</rs> </p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE RENTOUL.</hi> </p>
<p>(Tuesday, July 18.)</p> </div1>
<persName id="t19110717-name-120">
<interp inst="t19110717-name-120" type="gender" value="male"/>
<interp inst="t19110717-name-120" type="age" value="42"/>
<interp inst="t19110717-name-120" type="surname" value="HOPE"/>
<interp inst="t19110717-name-120" type="given" value="WYNTON"/>
<interp inst="t19110717-name-120" type="occupation" value="secretary"/>
<hi rend="largeCaps">HOPE</hi>, Wynton (42, secretary)</persName>, who pleaded guilty last Sessions (see page 251) of larceny (servant), was brought up for judgment.</p>
<p>Sentence, Twelve months' hard labour.</p>
<persName id="t19110717-name-121">
<interp inst="t19110717-name-121" type="gender" value="male"/>
<interp inst="t19110717-name-121" type="age" value=""/>
<interp inst="t19110717-name-121" type="surname" value="RICHARDS"/>
<interp inst="t19110717-name-121" type="given" value="THOMAS JAMES"/>
<hi rend="largeCaps">RICHARDS</hi>, Thomas James</persName>, who pleaded guilty last Sessions (see page 266) of stealing dress trimmings from his master, was brought up for judgment.</p>
<p>Prisoner was released on his own and another recognisance in £10 each to come up for judgment if called upon.</p>
<div1 type="trialAccount" id="t19110717-29">
<interp inst="t19110717-29" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-29" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-29-charge-1" targOrder="Y" targets="def1-29-19110717 t19110717-29-offence-1 t19110717-29-verdict-1"/>
<persName id="def1-29-19110717" type="defendantName">
<interp inst="def1-29-19110717" type="gender" value="male"/>
<interp inst="def1-29-19110717" type="surname" value="GAGE"/>
<interp inst="def1-29-19110717" type="given" value="WILLIAM"/>
<hi rend="largeCaps">GAGE</hi>, William</persName>
<rs id="t19110717-29-offence-1" type="offenceDescription">
<interp inst="t19110717-29-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19110717-29-offence-1" type="offenceSubcategory" value="wounding"/>, feloniously and maliciously wounding
<persName id="t19110717-name-123" type="victimName">
<interp inst="t19110717-name-123" type="gender" value="female"/>
<interp inst="t19110717-name-123" type="surname" value="NYE"/>
<interp inst="t19110717-name-123" type="given" value="ELLEN"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-29-offence-1 t19110717-name-123"/>Ellen Nye</persName>, with intent to do her grievous bodily harm.</rs> </p>
<p>Mr. J. H. B. Fletcher prosecuted; Mr. Purcell defended.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-124" type="witnessName">
<interp inst="t19110717-name-124" type="gender" value="female"/>
<interp inst="t19110717-name-124" type="surname" value="NYE"/>
<interp inst="t19110717-name-124" type="given" value="ELLEN"/>ELLEN NYE</persName> </hi>, flower seller, 6, Whitehouse Alley Buildings, Cowcross Street. On April 20, between 8.30 and 9 p.m. I was in the "Blue Posts," Cowcross Street, having a drink with a friend, when prisoner and three other men came in, had a drink and went out; they then came back, and, while another man who was with him spoke to me,</p>
<xptr type="pageFacsimile" doc="191107170023"/>
<p>prisoner threw a glass at me. I was taken to the hospital and remained there a fortnight, and I have lost my eye. I knew prisoner before, but had never spoken to him. I did not see him leave the public house.</p>
<p>Cross-examined. I had had no quarrel of any kind with prisoner. A man named Foster was not charged for this offence. I was in the "Blue Posts" about an hour. I had three or four drinks. I know a man called Patsy McCann; I did not hit him on the nose and say "That's one for you, Patsy McCann"; I did not throw a glass at prisoner. After prisoner threw a glass at me the lights went out. I had had a couple of drinks but I knew what was being done. Joanna Corcoran did not say tome "Who has hit you, Nell," and I did not reply "I don't know." Maggie Riley was there. She did not take hold of Foster and say "This is the man who did it," I heard that Foster was locked up; it was nothing to do with me; I was not there. The only people I saw in the "Blue Posts" was the young woman I was with and four men. After prisoner threw the glass there was a general scrimmage. There was only one glass thrown.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-125" type="witnessName">
<interp inst="t19110717-name-125" type="gender" value="female"/>
<interp inst="t19110717-name-125" type="surname" value="RILEY"/>
<interp inst="t19110717-name-125" type="given" value="MARGARET"/>MARGARET RILEY</persName> </hi>, book folder, 37, Caledonian Bow, Clerkenwell. I was with proeecutrix in the "Blue Posts" on April 2, when prisoner and three men came in. A young man spoke to Ellen Nye, and while he was speaking prisoner threw a glass at her. The glass hit her in the eye. I went with her to the hospital. I was standing close to prosecutrix at the time.</p>
<p>Cross-examined. There were about 12 people in the compartment where we were; I did not count them. We were in there about a quarter of an hour; I would not say we were not there more than an hour. We had two drinks. I was quite sober. Mrs. Rockley was outside; I heard her ask Mrs. Nye "Who has hit you, Nell?" and she said it was that young man. I did not hear her say "I don't know." I do not know about Foster being taken to the station; I had gone to the hospital. Mrs. Nye did not speak to Patsy McCann; she did not hit him on the nose; or throw a glass at him. The lights in the public house did not go out while we were there.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-126" type="witnessName">
<interp inst="t19110717-name-126" type="gender" value="male"/>
<interp inst="t19110717-name-126" type="surname" value="STARKEY"/>
<interp inst="t19110717-name-126" type="given" value="HENRY CREIGHTON"/>HENRY CREIGHTON STARKEY</persName> </hi>, house surgeon, St. Bartholomew's Hos
<lb/>pital. Prosecutor was admitted on April 2; I saw her at about 12 o'clock. She had a cut over the eyeball and we had to remove the eye. The cut might have been caused by a glass. She remained in the hospital nine days.</p>
<p>Cross-examined. She was quite sober when I saw her; I was in-formed that she was not sober when she came in.</p>
<persName id="t19110717-name-127" type="witnessName">
<interp inst="t19110717-name-127" type="gender" value="male"/>
<interp inst="t19110717-name-127" type="surname" value="NEWING"/>
<interp inst="t19110717-name-127" type="given" value="JOHN"/>
<hi rend="smallCaps">JOHN NEWING</hi> </persName>, G Division. I arrested prisoner at about a quarter past 11 on July 11 at Tabernacle Street, Finsbury. I read the warrant to him and he replied "All right."</p>
<hi rend="smallCaps">
<persName id="t19110717-name-128" type="witnessName">
<interp inst="t19110717-name-128" type="gender" value="female"/>
<interp inst="t19110717-name-128" type="surname" value="CORCORAN"/>
<interp inst="t19110717-name-128" type="given" value="JOANNA"/>JOANNA CORCORAN</persName> </hi>, 15, Smithfield Buildings, Cowcross Street, E.C. I was in the "Blue Posts" between half past nine and half past ten on April 2. I saw prisoner there and also Mrs. Nye and Mrs. Riley.</p>
<xptr type="pageFacsimile" doc="191107170024"/>
<p>Patsy McCann was with the prisoner. Mrs. Nye came over to where they were with a glass in her hand and she hit Patsy McCann with her fist on the nose; I did not see what else she did; I heard a glass knock against the partition. When I came outside Mrs. Rockley was there; she said to prosecutrix, "Who has hit you?" Prosecutrix said, "I don't know." Then she was taken to the hospital. There was a man named Foster there; Margaret Riley got hold of him round the neck and said, "You are the man that done it." Then there was a general scrimmage and the police came up. I do not know what became of Foster. I did not see prisoner throw anything at Mrs. Nye.</p>
<p>Cross-examined. There were a good many glasses broken. I did not actually see who it was hit Mrs. Nye.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-129" type="witnessName">
<interp inst="t19110717-name-129" type="gender" value="male"/>
<interp inst="t19110717-name-129" type="surname" value="GAGE"/>
<interp inst="t19110717-name-129" type="given" value="WILLIAM"/>WILLIAM GAGE</persName> </hi> (prisoner, on oath), 6, Ivy Lane, Hoxton. I was in the "Blue Posts" on the night of April 2. I did not throw a glass at all. I have never had a quarrel with the prosecutrix; when I went into the house she was there with Margaret Riley. I went in with Patsy McCann, Foster, and another man; Patsy McCann called for four drinks; we sat one side of the barrel, the prosecutrix and her witness sat the other side; she came over and punched Patsy McCann on the nose and said, "That's for you"; then she threw a glass which just missed my face and hit the partition at the back; then there were some more glasses thrown, there was a general rush out of the house, and they turned the lights out. I did not see Foster taken to the police station.</p>
<p>Cross-examined. This was the first public-house I had been in that evening; I had been at home, it was a Sunday. I went down to my wife's aunt's house in the evening with my wife and met Patsy McCann there; we got to the "Blue Posts" about nine or half past. We were in there about 20 minutes or half an hour. I believe prosecutrix had a quarrel with Patsy McCann a few years ago. I had never spoken to her before. I know of no reason why she should throw a glass at me. When the glasses were thrown I ran out of the house with the others. I never raised my hand to throw a glass.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-130" type="witnessName">
<interp inst="t19110717-name-130" type="gender" value="male"/>
<interp inst="t19110717-name-130" type="surname" value="MCCANN"/>
<interp inst="t19110717-name-130" type="given" value="PATRICK"/>PATRICK MCCANN</persName> </hi>. On the night of April 2 I went into the "Blue Posts" with the prisoner and Foster. I called for some drinks and we sat down. We had been there about half an hour when prosecutrix came towards us with a glass in one hand; she hit me on the nose and said, "There's one for you, Patsy McCann." Then she slung the glass at prisoner, missed him and struck against the door. I did not see prisoner throw a glass. When we came out Foster was accused of throwing the glass. (Mrs. Riley stood up.) That is the woman who accused him; she seized him by the collar. I do not know what hap
<lb/>pened to him after that, I went back to the public-house. There were about a dozen to 15 people in the bar at the time.</p>
<p>Cross-examined. That was the first public-house I had been in that day. I have not the slightest idea why Mrs. Nye should have struck me. I have never spoken a word to her in my life. I have lived in</p>
<xptr type="pageFacsimile" doc="191107170025"/>
<p>the neighbourhood 20 years. I do not know of any grievance she had against Gage. We men were all sober. We all walked out when the scrimmage began.</p>
<rs id="t19110717-29-verdict-1" type="verdictDescription">
<interp inst="t19110717-29-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19110717-29-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
<div1 type="trialAccount" id="t19110717-30">
<interp inst="t19110717-30" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-30" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-30-charge-1" targOrder="Y" targets="def1-30-19110717 t19110717-30-offence-1 t19110717-30-verdict-1"/>
<join result="criminalCharge" id="t19110717-30-charge-2" targOrder="Y" targets="def1-30-19110717 t19110717-30-offence-2 t19110717-30-verdict-1"/>
<persName id="def1-30-19110717" type="defendantName">
<interp inst="def1-30-19110717" type="gender" value="male"/>
<interp inst="def1-30-19110717" type="age" value="31"/>
<interp inst="def1-30-19110717" type="surname" value="LAIVO"/>
<interp inst="def1-30-19110717" type="given" value="CARL"/>
<interp inst="def1-30-19110717" type="occupation" value="seaman"/>
<hi rend="largeCaps">LAIVO</hi>, Carl (31, seaman)</persName>
<rs id="t19110717-30-offence-1" type="offenceDescription">
<interp inst="t19110717-30-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19110717-30-offence-1" type="offenceSubcategory" value="wounding"/>, unlawfully assaulting
<persName id="t19110717-name-132" type="victimName">
<interp inst="t19110717-name-132" type="gender" value="male"/>
<interp inst="t19110717-name-132" type="surname" value="COOMBES"/>
<interp inst="t19110717-name-132" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-30-offence-1 t19110717-name-132"/>Frederick Coombes</persName>, thereby occasioning him actual bodily harm;</rs>
<rs id="t19110717-30-offence-2" type="offenceDescription">
<interp inst="t19110717-30-offence-2" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19110717-30-offence-2" type="offenceSubcategory" value="wounding"/>unlawfully and maliciously wounding the said
<persName id="t19110717-name-133" type="victimName">
<interp inst="t19110717-name-133" type="gender" value="male"/>
<interp inst="t19110717-name-133" type="surname" value="COOMBES"/>
<interp inst="t19110717-name-133" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-30-offence-2 t19110717-name-133"/>Frederick Coombes</persName> </rs> </p>
<p>Mr. Colin Smith prosecuted.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-134" type="witnessName">
<interp inst="t19110717-name-134" type="gender" value="male"/>
<interp inst="t19110717-name-134" type="surname" value="COOMBES"/>
<interp inst="t19110717-name-134" type="given" value="FREDERICK"/>FREDERICK COOMBES</persName> </hi>, dock labourer, 3, Cyprus Place, New Beckton. On June 23 I was with another dock labourer named Palmer in the "Barge House" public-house at Woolwich, about a quarter or half past nine prisoner came in with a man called Pertoli. I was at the bar when Pertoli got up and pushed me; then I struck him; he then sat down by the prisoner and I went and struck him again. They both went out of the house after that. About half an hour later Palmer and I went out; they walked towards the Albert Dock entrance and we followed; when I got against them, within three or four yards, Palmer said, "Look out, the big fellow has got a knife"; I went to turn round and I fell over with the big fellow on top of me; I saw a knife in his hand and he stabbed me twice in the back and face; then they went off towards the Albert Dock and we returned to the public-house; subsequently I fainted and was taken to the Seaman's Hospital.</p>
<p>Cross-examined by prisoner. I never struck you after leaving the public-house; you must have got the cuts on your hands from your own knife.</p>
<hi rend="smallCaps">PERTOLI</hi>. I am a seaman on the Sylphid, lying in the Thames. On June 23 I went with prisoner to the "Barge House." I went to the bar and got two drinks, then someone came and struck me and then struck prisoner; we then went into another room and a little while after went out of the house; about eight or nine men followed us and someone struck prisoner; I did not seen prisoner strike anyone. I did not seen anything used but fists, but I noticed blood on Laivo's left hand. Then I left and went to my ship.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-135" type="witnessName">
<interp inst="t19110717-name-135" type="gender" value="male"/>
<interp inst="t19110717-name-135" type="surname" value="PALMER"/>
<interp inst="t19110717-name-135" type="given" value="GEORGE"/>GEORGE PALMER</persName> </hi>, dock labourer. On June 23 I was in the "Barge House"; we were arguing about the dock strike; I went outside to the urinal; when I came back these men called Coombes; he said to me, "Stand by me and see what they want"; when I got outside I saw him on the ground and picked him up; I did not seen any blow struck.</p>
<p>The case for the prosecution being closed, the jury intimated that they did not wish to hear more.</p>
<rs id="t19110717-30-verdict-1" type="verdictDescription">
<interp inst="t19110717-30-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19110717-30-verdict-1" type="verdictSubcategory" value=""/>Not Guilty</rs>.</p> </div1>
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<interp inst="t19110717-31" type="date" value="19110717"/>
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<persName id="def1-31-19110717" type="defendantName">
<interp inst="def1-31-19110717" type="gender" value="male"/>
<interp inst="def1-31-19110717" type="age" value="39"/>
<interp inst="def1-31-19110717" type="surname" value="POOLES"/>
<interp inst="def1-31-19110717" type="given" value="HAROLD ARTHUR"/>
<interp inst="def1-31-19110717" type="occupation" value="manager"/>
<hi rend="largeCaps">POOLES</hi>, Harold Arthur (39, manager)</persName>,
<rs id="t19110717-31-verdict-1" type="verdictDescription">
<interp inst="t19110717-31-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-31-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19110717-31-offence-1" type="offenceDescription">
<interp inst="t19110717-31-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19110717-31-offence-1" type="offenceSubcategory" value="fraud"/>of unlaw
<lb/>fully by false pretences obtaining from
<persName id="t19110717-name-137" type="victimName">
<interp inst="t19110717-name-137" type="gender" value="male"/>
<interp inst="t19110717-name-137" type="surname" value="HUTCHINSON"/>
<interp inst="t19110717-name-137" type="given" value="GEORGE WILLIAM GRICE"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-31-offence-1 t19110717-name-137"/>George William Grice Hutchin
<lb/>son</persName> £25, from
<persName id="t19110717-name-138" type="victimName">
<interp inst="t19110717-name-138" type="gender" value="indeterminate"/>
<interp inst="t19110717-name-138" type="surname" value="LATHAM"/>
<interp inst="t19110717-name-138" type="given" value="ARDENE MERE"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-31-offence-1 t19110717-name-138"/>Arderne Mere Latham</persName> £25, and from
<persName id="t19110717-name-139" type="victimName">
<interp inst="t19110717-name-139" type="gender" value="male"/>
<interp inst="t19110717-name-139" type="surname" value="STRICKLAND"/>
<interp inst="t19110717-name-139" type="given" value="GEORGE JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-31-offence-1 t19110717-name-139"/>George John Strickland</persName> a valuable security, to wit, a banker's cheque for the pay
<lb/>ment of £46, in each case with intent to defraud.</rs> </p>
<xptr type="pageFacsimile" doc="191107170026"/>
<rs id="t19110717-31-punishment-20" type="punishmentDescription">
<interp inst="t19110717-31-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-31-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-31-19110717 t19110717-31-punishment-20"/>six months' imprisonment, second division.</rs> </p> </div1>
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<interp inst="t19110717-32" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-32" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-32-charge-1" targOrder="Y" targets="def1-32-19110717 t19110717-32-offence-1 t19110717-32-verdict-1"/>
<join result="criminalCharge" id="t19110717-32-charge-2" targOrder="Y" targets="def2-32-19110717 t19110717-32-offence-1 t19110717-32-verdict-1"/>
<persName id="def1-32-19110717" type="defendantName">
<interp inst="def1-32-19110717" type="gender" value="male"/>
<interp inst="def1-32-19110717" type="age" value="27"/>
<interp inst="def1-32-19110717" type="surname" value="CARTER"/>
<interp inst="def1-32-19110717" type="given" value="JAMES"/>
<interp inst="def1-32-19110717" type="occupation" value="greengrocer"/>
<hi rend="largeCaps">CARTER</hi>, James (27, greengrocer)</persName>, and
<persName id="def2-32-19110717" type="defendantName">
<interp inst="def2-32-19110717" type="gender" value="female"/>
<interp inst="def2-32-19110717" type="age" value="25"/>
<interp inst="def2-32-19110717" type="surname" value="PURCELL"/>
<interp inst="def2-32-19110717" type="given" value="ELIZABETH"/>
<interp inst="def2-32-19110717" type="occupation" value="flower-seller"/>
<hi rend="largeCaps">PURCELL</hi>, Elizabeth (25, flower-seller)</persName>
<rs id="t19110717-32-offence-1" type="offenceDescription">
<interp inst="t19110717-32-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19110717-32-offence-1" type="offenceSubcategory" value="pocketpicking"/>, both stealing the sum of £4 10s., the moneys of
<persName id="t19110717-name-142" type="victimName">
<interp inst="t19110717-name-142" type="gender" value="male"/>
<interp inst="t19110717-name-142" type="surname" value="LEE"/>
<interp inst="t19110717-name-142" type="given" value="HAROLD DESMOND"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-32-offence-1 t19110717-name-142"/>Harold Desmond Lee</persName>, from his person.</rs> </p>
<p>Mr. Cornes prosecuted.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-143" type="witnessName">
<interp inst="t19110717-name-143" type="gender" value="male"/>
<interp inst="t19110717-name-143" type="surname" value="LEE"/>
<interp inst="t19110717-name-143" type="given" value="HAROLD DESMOND"/>HAROLD DESMOND LEE</persName> </hi>, clerk. 21, St. John's Park, Upper Holloway. At 12.30 on the morning of July 11 I was in Holloway Road, near the Marlborough Theatre, when the female prisoner accosted me; I told her to go away; she pushed about and I discovered her hand in my pocket; I had £4 10s. in gold and some silver in a purse, and when she had taken her hand out of my pocket the money had all gone. I demanded the money back and she said she had not got it. Then two men came up, one of whom is the male prisoner; she threw the money on the ground and the men picked it up. I then gave prisoners into custody.</p>
<p>Cross-examined by Carter. I first saw you after I had demanded the return of the money. I did not see where you came from.</p>
<p>Cross-examined by Purcell. I was waiting for a tramcar when you came up to me. (To the Judge.) I last saw the money safe at about 12 o'clock, when I took a shilling out to pay for some drinks with a friend. Prisoner took the money out and left the purse in my pocket. (Purse produced.) My friend had left me before this happened. We had not been drinking.</p>
<persName id="t19110717-name-144" type="witnessName">
<interp inst="t19110717-name-144" type="gender" value="male"/>
<interp inst="t19110717-name-144" type="surname" value="CARR"/>
<interp inst="t19110717-name-144" type="given" value="ROBERT"/>
<hi rend="smallCaps">ROBERT CARR</hi> </persName>, 240 Y. At about 1 o'clock on the 11th I was on duty in Holloway Road, when I saw the male prisoner and a man not in custody stand behind a corner as if they were watch
<lb/>ing the prosecutor and the female prisoner; I heard a scuffle and they ran down the court; I followed and saw the men stoop down and pick something up. I saw the female prisoner throw something away, but I could not see what it was. The prosecutor then shouted, "Stop them, they have stolen £5 from me." I arrested them and searched the male prisoner; he had 4s. in silver and 4d. bronze. The other man escaped.</p>
<p>To Carter. You and Purcell both ran away when I came. (To the Judge.) When I came up the man not in custody said, "Hallo! Here's a policeman." That is when they ran away. I had previously heard a jingling sound and seen the two men stoop and pick some
<lb/>thing up. When I took them into custody the man made no reply; the woman said, "It's a lie."</p>
<p>Cross-examined by Purcell. I saw you running with the male prisoner.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-145" type="witnessName">
<interp inst="t19110717-name-145" type="gender" value="female"/>
<interp inst="t19110717-name-145" type="surname" value="BOLSON"/>
<interp inst="t19110717-name-145" type="given" value="KATE"/>KATE BOLSON</persName> </hi>, female searcher, Caledonian Road Police Station. I searched the female prisoner; she had 7d. in bronze in her stocking.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-146" type="witnessName">
<interp inst="t19110717-name-146" type="gender" value="male"/>
<interp inst="t19110717-name-146" type="surname" value="CARTER"/>
<interp inst="t19110717-name-146" type="given" value="JAMES"/>JAMES CARTER</persName> </hi> (prisoner, not on oath). I was in the "Nag's Head" public house at the corner of Seven Sisters Road; there is a urinal there and it was shut; close alongside is the entrance to the Marlborough Theatre; I went round there to make water and I saw</p>
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<p>the prosecutor and this woman talking; I walked on a bit further and this lady came up and spoke to me; I went with her to the top and I saw a constable looking round the corner so we walked away. Then the constable holloaed out "Hi!" to me. I stopped, and the con
<lb/>stable said, "This gentleman says he has lost some money." I said, "Well, I know nothing about it." So he said, "Will you give her in custody?" The prosecutor says, "Yes." He said, "You had better come on too." I said, "All right." And we went to the station.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-147" type="witnessName">
<interp inst="t19110717-name-147" type="gender" value="female"/>
<interp inst="t19110717-name-147" type="surname" value="PURCELL"/>
<interp inst="t19110717-name-147" type="given" value="ELIZABETH"/>ELIZABETH PURCELL</persName> </hi> (prisoner, not on oath). All I can say is I was in the Holloway Road and stood talking a few minutes to a man, then walked round the Marl borough Theatre and stood there a few minutes; he said he had no money. I left him and got to the corner, when the man shouted out, "I have lost £5 out of my purse; I will give you in charge."</p>
<rs id="t19110717-32-verdict-1" type="verdictDescription">
<interp inst="t19110717-32-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19110717-32-verdict-1" type="verdictSubcategory" value=""/>Not Guilty</rs>.</p> </div1>
<div1 type="trialAccount" id="t19110717-33">
<interp inst="t19110717-33" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-33" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-33-charge-1" targOrder="Y" targets="def1-33-19110717 t19110717-33-offence-1 t19110717-33-verdict-1"/>
<persName id="def1-33-19110717" type="defendantName">
<interp inst="def1-33-19110717" type="gender" value="male"/>
<interp inst="def1-33-19110717" type="age" value="26"/>
<interp inst="def1-33-19110717" type="surname" value="WEBB"/>
<interp inst="def1-33-19110717" type="given" value="EDWARD ALFRED"/>
<interp inst="def1-33-19110717" type="occupation" value="labourer"/>
<hi rend="largeCaps">WEBB</hi>, Edward Alfred (26, labourer)</persName>
<rs id="t19110717-33-offence-1" type="offenceDescription">
<interp inst="t19110717-33-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19110717-33-offence-1" type="offenceSubcategory" value="wounding"/>, feloniously wounding
<persName id="t19110717-name-149" type="victimName">
<interp inst="t19110717-name-149" type="gender" value="female"/>
<interp inst="t19110717-name-149" type="surname" value="PAYNE"/>
<interp inst="t19110717-name-149" type="given" value="FRANCES"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-33-offence-1 t19110717-name-149"/>Frances Payne</persName>, or Ivy, with intent to do her some grievous bodily harm.</rs> </p>
<p>Mr. H. R. May prosecuted.</p>
<persName id="t19110717-name-150" type="witnessName">
<interp inst="t19110717-name-150" type="gender" value="male"/>
<interp inst="t19110717-name-150" type="surname" value="GOULD"/>
<interp inst="t19110717-name-150" type="given" value="JOHN"/>
<hi rend="smallCaps">JOHN GOULD</hi> </persName>, 131 Y. On June 24, at 3.20 p.m., I was in Copenhagen Street, Caledonian Road. I saw a crowd outside the "Sutton Arms" public-house; I went there and I saw a woman bleeding very severely from the left hand; she pointed to a man who was struggling with several men trying to get a knife away from him. I then took prisoner into custody. He said, "They all set about me." I produce the knife.</p>
<p>Cross-examined by prisoner. The crowd was very hostile towards you, and you became unconscious for a few minutes.</p>
<persName id="t19110717-name-151" type="witnessName">
<interp inst="t19110717-name-151" type="gender" value="male"/>
<interp inst="t19110717-name-151" type="surname" value="DOBBIN"/>
<interp inst="t19110717-name-151" type="given" value="WILFRED"/>
<hi rend="smallCaps">WILFRED DOBBIN</hi> </persName>, 546, Caledonian Road. On June 24, about 3.30 p.m., I examined Frances Ivy; she had a clean cut on the back of the left hand between the second and third fingers going to the bone. The knife produced could have inflicted the injury. She will probably lose the use of the finger.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-152" type="witnessName">
<interp inst="t19110717-name-152" type="gender" value="male"/>
<interp inst="t19110717-name-152" type="surname" value="SHAW"/>
<interp inst="t19110717-name-152" type="given" value="ALFRED JOHN"/>ALFRED JOHN SHAW</persName> </hi>, 3, Burns Buildings Caledonian Road. On June 24 about 3 p.m. I alighted from a tramcar at the corner of Copenhagen Street; I saw several persons running up a side street and followed to see what was the matter; I saw prisoner and another man squaring up to fight. The other man struck prisoner a blow and upon that prisoner drew a knife; a cry went up from the crowd, "He has got a knife." There was a rush of several persons; this woman was in front. Prisoner slashed out right and left with the knife. I assisted to take the knife from him and got my hand cut across. Prisoner was in an excited condition. I do not know whether he had been drinking.</p>
<p>To prisoner. I did not see the beginning of the fight. You were being knocked about when I came up.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-153" type="witnessName">
<interp inst="t19110717-name-153" type="gender" value="female"/>
<interp inst="t19110717-name-153" type="surname" value="IVY"/>
<interp inst="t19110717-name-153" type="given" value="FRANCES"/>FRANCES IVY</persName> </hi>, 38, King Edward's Buildings, Brewery Road. On June 24 at 3 p.m. I was in Caledonian Road when I saw a large crowd</p>
<xptr type="pageFacsimile" doc="191107170028"/>
<p>of people; I went to see what was the matter, when I got cut; I do not know how I got cut; I did not know I was cut till the policeman got hold of me and said, "You will have to come to the station to have it dressed." I do not know who did it. I did not know prisoner.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-154" type="witnessName">
<interp inst="t19110717-name-154" type="gender" value="male"/>
<interp inst="t19110717-name-154" type="surname" value="WEBB"/>
<interp inst="t19110717-name-154" type="given" value="EDWARD ALFRED"/>EDWARD ALFRED WEBB</persName> </hi> (prisoner, on oath). For the last two or three months I have been persecuted by a gang of men who accuse me of giving information to the police whereby one of their friends was convicted at this court for buying stolen property. I never have given evidence at any court. About a fortnight previous to this I was going home one night when a man, a stranger to me, told me a friend of mine wished to see me; I went, and when I got into a bye turning I was molested by this gang of men. I kept out of their sight for a fortnight, and on this afternoon I was in the "Sutton Arms" having a drink when one of these men came in and tried to pick a quarrel with me; then he called me outside; as I was going outside I was struck in the face; I was hit again and again and knocked to the ground; while we were fighting on the ground I was kicked most unmercifully, nobody attempted to help me; I was kicked in the back and the testicles; I had just come away from a friend of mine where I had borrowed this knife to mend my boots with, I had it in my pocket; I had to do something and I pulled the knife out to keep the people back. I would not do anything of the sort if I was in my right mind, but I was terrorised. I have two witnesses.</p>
<p>Cross-examined. I know this neighbourhood very well, but I had not the least chance of recognising anyone in the crowd. I was asked at the police court if I had anything to say; I said, No, if I had to go for trial I would make my statement before the Judge.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-155" type="witnessName">
<interp inst="t19110717-name-155" type="gender" value="indeterminate"/>
<interp inst="t19110717-name-155" type="surname" value="DIEMARTER"/>
<interp inst="t19110717-name-155" type="given" value="NINO"/>NINO DIEMARTER</persName> </hi>. I am a hairdresser; my shop is two doors away from the "Sutton Arms." On this Saturday afternoon I saw a young fellow come out of the "Sutton Arms" and prisoner followed him; as soon as prisoner came out the other fellow was standing there and punched him right on the jaw; then the others punched him and knocked him down on the floor. He managed to get up, and another fellow, I cannot say who it was, kicked him. I said to my friend, "I am sure that has killed him," and I went towards them, but I was not in time to help; when we got there through the crowd we found prisoner was already taken by the sergeant. I did not see the cutting done; I saw prisoner with the knife in one hand and defending him
<lb/>self with the other. I did not see him waving the knife about.</p>
<p>Cross-examined. There were about 30 or 40 persons in the crowd. There were some of my customers, but I did not think to tell the prisoner their names. I did not think of coming here myself till prisoner came to my shop when he was out on bail. He said to me, "Did you see it?" and I said, "Yes, I did see it." Then he asked me to come and give evidence.</p>
<xptr type="pageFacsimile" doc="191107170029"/>
<hi rend="smallCaps">
<persName id="t19110717-name-156" type="witnessName">
<interp inst="t19110717-name-156" type="gender" value="female"/>
<interp inst="t19110717-name-156" type="surname" value="MORRIS"/>
<interp inst="t19110717-name-156" type="given" value="DOLLIE"/>DOLLIE MORRIS</persName> </hi>, housekeeper. I was at my brother's house and prisoner came round to see me; I was cooking and had a knife on the table and he asked me to lend it to him for his boot mending. The knife produced is the one I lent him.</p>
<p>Cross-examined. Prisoner promised to return the knife as soon as he had finished his boot mending.</p>
<rs id="t19110717-33-verdict-1" type="verdictDescription">
<interp inst="t19110717-33-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19110717-33-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">MR. JUSTICE LAWRANCE</hi>.</p>
<p>(Wednesday, July 19.)</p> </div1>
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<interp inst="t19110717-34" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-34" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-34-charge-1" targOrder="Y" targets="def1-34-19110717 t19110717-34-offence-1 t19110717-34-verdict-1"/>
<persName id="def1-34-19110717" type="defendantName">
<interp inst="def1-34-19110717" type="gender" value="male"/>
<interp inst="def1-34-19110717" type="age" value="26"/>
<interp inst="def1-34-19110717" type="surname" value="ALLUMSHA"/>
<interp inst="def1-34-19110717" type="given" value="ACKUMSHA"/>
<interp inst="def1-34-19110717" type="occupation" value=""/>
<hi rend="largeCaps">ALLUMSHA</hi>, Ackumsha (26)</persName>
<rs id="t19110717-34-offence-1" type="offenceDescription">
<interp inst="t19110717-34-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19110717-34-offence-1" type="offenceSubcategory" value="murder"/>, wilful murder of
<persName id="t19110717-name-158" type="victimName">
<interp inst="t19110717-name-158" type="gender" value="indeterminate"/>
<interp inst="t19110717-name-158" type="surname" value="CAEMAS"/>
<interp inst="t19110717-name-158" type="given" value="ELLARBUX"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-34-offence-1 t19110717-name-158"/>Ellarbux Caemas</persName> on board the
<placeName id="t19110717-geo-1">
<join result="offencePlace" targOrder="Y" targets="t19110717-34-offence-1 t19110717-geo-1"/>British ship Somali</placeName>, lying at
<placeName id="t19110717-geo-2">
<join result="offencePlace" targOrder="Y" targets="t19110717-34-offence-1 t19110717-geo-2"/>Antwerp</placeName>.</rs> </p>
<p>Mr. Symmons prosecuted; Mr. Ernest Walsh defended.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-159" type="witnessName">
<interp inst="t19110717-name-159" type="gender" value="male"/>
<interp inst="t19110717-name-159" type="surname" value="OOMA"/>
<interp inst="t19110717-name-159" type="given" value="MOOSA"/>MOOSA OOMA</persName> </hi>, fireman, ss. Somali. Prisoner was a fireman also. We both knew deceased, who was a petty officer. The Somali in June last was lying off Antwerp. On the night of June 15 I was asleep in my bunk in the fo'castle, when at about 12 a.m. I was awakened by a noise such as would be produced by someone beating something with a piece of iron. I saw prisoner with this piece of iron in his hand beating the deceased, who was lying on his bunk. I gave the alarm and the sarang came up then and took the bar away. I had never heard prisoner and deceased quarreling.</p>
<p>Cross-examined. They had been 10 1/2 months on the ship together and they had always been friendly. Prisoner's wife has never been on the ship, as far as I know. His brother was fireman on the ship on this voyage, but he has now returned to Bombay. It is not true that he was strangled by the sailors on the night of June 15, or at any other time.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-160" type="witnessName">
<interp inst="t19110717-name-160" type="gender" value="indeterminate"/>
<interp inst="t19110717-name-160" type="surname" value="RALUMTOOLA"/>
<interp inst="t19110717-name-160" type="given" value="SATED MAHOMMED"/>SATED MAHOMMED RALUMTOOLA</persName> </hi>, greaser, ss. Somali. On the night of June 15 I was asleep in my bunk, when I was awakened by a thumping noise. I saw prisoner with an iron bar in his hand at the side of deceased's bunk. He struck him four blows before I could get up to him. I caught hold of him and called to the sarang, who came and took the iron bar away.</p>
<p>Cross-examined. I have never known them to quarrel. I have never seen prisoner's wife.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-161" type="witnessName">
<interp inst="t19110717-name-161" type="gender" value="indeterminate"/>
<interp inst="t19110717-name-161" type="surname" value="KULUMSHA"/>
<interp inst="t19110717-name-161" type="given" value="SIDEAT"/>SIDEAT KULUMSHA</persName> </hi>, sarang, ss. Somali. At midnight on June 15 the greaser told me something and I got up and took this iron bar from prisoner, who was being held by Ralumtoola. The deceased's head was cut and bleeding. I have never heard of any quarrel between prisoner and deceased.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-162" type="witnessName">
<interp inst="t19110717-name-162" type="gender" value="male"/>
<interp inst="t19110717-name-162" type="surname" value="NEWAH"/>
<interp inst="t19110717-name-162" type="given" value="ABDULLA"/>ABDULLA NEWAH</persName> </hi>, second-class fireman, ss. Somali. On the night of June 15 I was asleep in my bunk, which is underneath that of de-ceased, when I was awakened. I saw prisoner strike deceased with the iron bar six times.</p>
<p>Cross-examined. Prisoner was very excited.</p>
<xptr type="pageFacsimile" doc="191107170030"/>
<hi rend="smallCaps">
<persName id="t19110717-name-163" type="witnessName">
<interp inst="t19110717-name-163" type="gender" value="indeterminate"/>
<interp inst="t19110717-name-163" type="surname" value="HUNTER"/>
<interp inst="t19110717-name-163" type="given" value="EWING"/>EWING HUNTER</persName> </hi>, second engineer, ss. Somali. I produce the register of the Somali, which is a British ship. At midnight on June 15 I was aroused. I went with the ship's surgeon to the fo'castle. I there saw deceased in his bunk with his head in a pool of blood. I asked prisoner who had struck deceased and he said "I no savvy." Deceased was taken to the hospital. This iron bar was shown to me and two inches from the end there were marks of fresh blood; the bar is used for breaking coal or pounding curry. I handed prisoner over to the Antwerp police. I interpreted the charge to him and he said he did not do it. He was taken off the ship and about three weeks after
<lb/>wards, about two hours before the ship left, he was brought back again.</p>
<p>Cross-examined. I remember prisoner saying when charged, I do not understand. I saw nothing. Neither prisoner nor prisoner's brother's wives were on board; they did not claim 50 rupees from prisoner to pay the passage from Bombay to Antwerp and I did not formulate that claim to him. It is untrue that his brother was strangled at Antwerp by Torla while the sarang was looking on. There was no jealousy between Torla and the prisoner in respect of prisoner's brother's wife. If there had been any quarrel
<lb/>ing between prisoner and deceased I should have heard of it; they never quarrelled. Prisoner had gone back to his bunk when I saw him.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-164" type="witnessName">
<interp inst="t19110717-name-164" type="gender" value="male"/>
<interp inst="t19110717-name-164" type="surname" value="HOBBS"/>
<interp inst="t19110717-name-164" type="given" value="ROWLAND AUGUSTUS"/>ROWLAND AUGUSTUS HOBBS</persName> </hi>. In June last I was surgeon on the ss. Somali. On June 15 at midnight I was aroused and went with the second engineer to the fo'castle. I there found decased in his bunk with his head and face covered with blood. I took him to my sur
<lb/>gery; he was suffering from a fractured skull; he was moribund. He was subsequently taken to the hospital. The injuries could have been inflicted with this bar of iron. I do not think I had ever before treated prisoner. If there is anything mentally wrong about a person it would come to me, and up to this time nothing of the nature had been reported to me with reference to prisoner.</p>
<p>Cross-examined. Deceased must have been ferociously attacked. When prisoner was brought on the ship again at Antwerp the police officer told me that prisoner had told him that he was bringing his wife over with him in the ship, and that if deceased was dead his (prisoner's) brother was also dead.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-165" type="witnessName">
<interp inst="t19110717-name-165" type="gender" value="male"/>
<interp inst="t19110717-name-165" type="surname" value="BUPPES"/>
<interp inst="t19110717-name-165" type="given" value="LOUIS"/>LOUIS BUPPES</persName> </hi>, member of Antwerp Police. On June 16 I was called to the ss. Somali, where I saw a wounded Lascar in the doctor's cabin. I conveyed him to the St. Elizabeth Hospital, where I heard he subsequently died.</p>
<persName id="t19110717-name-166" type="witnessName">
<interp inst="t19110717-name-166" type="gender" value="male"/>
<interp inst="t19110717-name-166" type="surname" value="DEKEN"/>
<interp inst="t19110717-name-166" type="given" value="JEAN DE"/>
<hi rend="smallCaps">JEAN DE DEKEN</hi> </persName>, Antwerp. At 6.30 p.m., on June 16, I went to the St. Elizabeth Hospital, where I made a post-mortem examina
<lb/>tion on the body of the deceased. (Witness gave a detailed descrip
<lb/>tion of the injuries which the deceased had received.) The man died from a broken skull. The wounds could have certainly been pro
<lb/>duced by the iron bar.</p>
<persName id="t19110717-name-167" type="witnessName">
<interp inst="t19110717-name-167" type="gender" value="male"/>
<interp inst="t19110717-name-167" type="surname" value="BROWN"/>
<interp inst="t19110717-name-167" type="given" value="WILLIAM"/>
<hi rend="smallCaps">WILLIAM BROWN</hi> </persName>, Thames Division. At about 5 p.m. on July 11 went to the ss. Somali, off Southend, where I saw</p>
<xptr type="pageFacsimile" doc="191107170031"/>
<p>prisoner detained. I charged him with the murder of a fellow fireman with this iron bar, which was shown him. On this being interpreted he said, "Yes, I understand; I will deny it."</p>
<p>Prisoner's statement before the magistrate." I want to see my brother."</p>
<hi rend="smallCaps">EAST</hi>, medical officer of Brixton Prison, said that prisoner had two delusions: one, that his brother had been strangled in the streets of Antwerp by deceased and another man on the Somali, and that he heard his wife continually crying to him; and another that his wife and his brother's wife were passengers on the ship. The conclu
<lb/>sion he (witness) came to was that the man was insane.</p>
<p>Mr. Symmons intimated that he did not intend, after the evidence which had been given, to press the charge any further.</p>
<rs id="t19110717-34-verdict-1" type="verdictDescription">
<interp inst="t19110717-34-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-34-verdict-1" type="verdictSubcategory" value="insane"/>Guilty, but insane at the time of committing the act, so as not to be responsible in law.</rs> </p>
<rs id="t19110717-34-punishment-21" type="punishmentDescription">
<interp inst="t19110717-34-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-34-punishment-21" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-34-19110717 t19110717-34-punishment-21"/>Prisoner was ordered to be detained during His Majesty's pleasure.</rs> </p> </div1>
<div1 type="trialAccount" id="t19110717-35">
<interp inst="t19110717-35" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-35" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-35-charge-1" targOrder="Y" targets="def1-35-19110717 t19110717-35-offence-1 t19110717-35-verdict-1"/>
<persName id="def1-35-19110717" type="defendantName">
<interp inst="def1-35-19110717" type="gender" value="male"/>
<interp inst="def1-35-19110717" type="age" value="27"/>
<interp inst="def1-35-19110717" type="surname" value="WETTON"/>
<interp inst="def1-35-19110717" type="given" value="FRANK"/>
<interp inst="def1-35-19110717" type="occupation" value=""/>
<hi rend="largeCaps">WETTON</hi>, Frank (27)</persName>
<rs id="t19110717-35-offence-1" type="offenceDescription">
<interp inst="t19110717-35-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19110717-35-offence-1" type="offenceSubcategory" value="manslaughter"/>, indicted for the manslaughter of
<persName id="t19110717-name-169" type="victimName">
<interp inst="t19110717-name-169" type="gender" value="male"/>
<interp inst="t19110717-name-169" type="surname" value="HILLIER"/>
<interp inst="t19110717-name-169" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-35-offence-1 t19110717-name-169"/>Alfred Hillier</persName>,</rs>
<rs id="t19110717-35-verdict-1" type="verdictDescription">
<interp inst="t19110717-35-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-35-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>pleaded guilty of an assault occasioning actual bodily harm. This plea was accepted by the prosecution.</rs> </p>
<p>Prisoner (who bore a good previous character)
<rs id="t19110717-35-punishment-22" type="punishmentDescription">
<interp inst="t19110717-35-punishment-22" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19110717-35-punishment-22" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-35-19110717 t19110717-35-punishment-22"/>was released on his own recognisances in £25 to come up for judgment if called upon.</rs> </p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Wednesday, July 19.)</p> </div1>
<persName id="t19110717-name-170">
<interp inst="t19110717-name-170" type="gender" value="male"/>
<interp inst="t19110717-name-170" type="age" value="47"/>
<interp inst="t19110717-name-170" type="surname" value="SIMPSON"/>
<interp inst="t19110717-name-170" type="given" value="THOMAS"/>
<interp inst="t19110717-name-170" type="occupation" value="estates manager"/>
<hi rend="largeCaps">SIMPSON</hi>, Thomas (47, estates manager)</persName>, who on April 27 (see page 21) pleaded guilty of perjury, was brought up for judgment.</p>
<p>In view of the prisoner's state of health and all the circumstances, he was sentenced to be imprisoned for 12 weeks and 1 day, entitling him to be immediately discharged.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE COMMON SERJEANT</hi>.</p>
<p>(Wednesday, July 19.)</p>
<div1 type="trialAccount" id="t19110717-37">
<interp inst="t19110717-37" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-37" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-37-charge-1" targOrder="Y" targets="def1-37-19110717 t19110717-37-offence-1 t19110717-37-verdict-1"/>
<persName id="def1-37-19110717" type="defendantName">
<interp inst="def1-37-19110717" type="gender" value="male"/>
<interp inst="def1-37-19110717" type="age" value="50"/>
<interp inst="def1-37-19110717" type="surname" value="DURNFORD"/>
<interp inst="def1-37-19110717" type="given" value="RICHARD PERCIVAL"/>
<interp inst="def1-37-19110717" type="occupation" value="clerk"/>
<hi rend="largeCaps">DURNFORD</hi>, Richard Percival (50, clerk)</persName>
<rs id="t19110717-37-offence-1" type="offenceDescription">
<interp inst="t19110717-37-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19110717-37-offence-1" type="offenceSubcategory" value="fraud"/>, obtaining by means of false pretences from
<persName id="t19110717-name-172" type="victimName">
<interp inst="t19110717-name-172" type="gender" value="male"/>
<interp inst="t19110717-name-172" type="surname" value="EASTON"/>
<interp inst="t19110717-name-172" type="given" value="WILLIAM ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-37-offence-1 t19110717-name-172"/>William Alfred Easton</persName> a typewriting machine, a quantity of stationery, and divers moneys, his goods, with intent to defraud.</rs> </p>
<p>Mr. Saunderson prosecuted; Mr. Gervais Rentoul defended.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-173" type="witnessName">
<interp inst="t19110717-name-173" type="gender" value="male"/>
<interp inst="t19110717-name-173" type="surname" value="EASTON"/>
<interp inst="t19110717-name-173" type="given" value="WILLIAM ALFRED"/>WILLIAM ALFRED EASTON</persName> </hi>, stationer, 62, Great Portland Street. On April 28 prisoner came to my place of business and mentioned to</p>
<xptr type="pageFacsimile" doc="191107170032"/>
<p>me casually that he was connected with John Brinsmead and Sons, pianoforte makers. He inspected a typewriter and said that he was using one of his own for Brinsmead's work and did not see why they should not provide him with a machine. He ordered stationery from time to time and in June my bill against him was rendered, amounting to £4 1s. 3d. On June 15 he handed me cheque produced for £6 made out to petty cash and drawn on the Wigmore Street branch of the Capital and Counties Bank. It was stamped, "Pay Cavendish Bureau, "followed by "Petty Cash, "and signed "The Cavendish Bureau, R. P. Durnford, Manager."I deducted the amount of the account and handed him the change, £1 18s. 9d. I paid the cheque into my bank on the 17th. Two or three days after that, prisoner came in and asked if the cheque had gone through. I informed him that I supposed it had, as it had not been returned by my bankers; whereupon prisoner mentioned that they had had a big cheque re
<lb/>turned to the Cavendish Bureau owing to something wrong with the endorsement, and as they did not keep a large credit balance in the Cavendish Bureau account, if my draft was returned would I pay it into the bank again at once as Messrs. Brinsmeads were giving him a cheque for £150 the following morning to pay into the account. Two or three hours after prisoner called the cheque was returned marked "R. D.,"and I sent it back to the bank by the messenger who brought it. It was returned by my bankers again on June 28 marked "Ac
<lb/>count closed." On June 21 prisoner called for the third time on the same question and took the typewriter, saying that Messrs. Brins
<lb/>meads had agreed to let him have the machine. He came again on the 26th and stated that the machine was most satisfactory. He added that owing to his wife having come into a legacy of £2,000 she was making him a present of the machine. He then asked me to make him out a receipted invoice for the transaction, which I did. The invoice was for 11 guineas. Prisoner handed me a cheque for 12 guineas. I pointed out to him that he had evidently forgotten the fact that I had told him that if the machine were paid for within seven days there would be a guinea discount. I accordingly gave him a guinea in cash. I paid the cheque in. On June 28 I received a letter from him saying that he had closed his account at the bank and a few hours afterwards I got the two cheques back from the bank marked "Account closed."I then communicated with the bank and Messrs. Brinsmeads, and took the present steps.</p>
<p>Cross-examined. Prisoner did not give us a reference to Brins
<lb/>meads in the usual way, but stated that he had been in their employ for some time, and when he came to us that they had appointed him manager of the Cavendish Bureau, which was affiliated with their business. It is quite true that he had been employed by Brinsmeads and that the office in which he was carrying on the Bureau was let to him by them. I have heard that Brinsmeads were to take one-third of the profits he made in lieu of rent. I made no further enquiries about him because we had known prisoner before as clerk to another customer. I did not send the account to Brinsmeads because the</p>
<xptr type="pageFacsimile" doc="191107170033"/>
<p>Bureau was being run as a separate concern. The account was sent to the Bureau by prisoner's instructions. It was perfectly true prisoner had been doing typewriting work for Brinsmeads, using an Under-wood machine of his own, and that he said Brinsmeads had agreed to let him have a machine for the office. I did not mention that at the police court; I forgot it at the moment.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-174" type="witnessName">
<interp inst="t19110717-name-174" type="gender" value="male"/>
<interp inst="t19110717-name-174" type="surname" value="ROBERTS"/>
<interp inst="t19110717-name-174" type="given" value="ERNEST GEORGE"/>ERNEST GEORGE ROBERTS</persName> </hi>, cashier, Wigmore Street branch, Capital and Counties Bank. On May 29 prisoner opened an account at the bank with a cheque on a Scotch bank for £17 10s. 6d. That cheque was dishonoured and returned to us on June 1. We issued him a cheque-book before that cheque had been cleared. On June 7 a Mr. C. Allen paid into this account a draft for £21 10s. and a postal order for 5s.; they came by express letter. The cheque was returned un
<lb/>paid on June 10. Those were the only payments into the account, and all the money we got was the 5s. postal order, which we appropriated, 28. 6d. going for the cheque-book and 2s. 6d. for the bank charges, and we wrote prisoner on June 27 closing the account. When he drew the cheques in question in this case he had no credit except the 2s. 6d.</p>
<p>Cross-examined. When prisoner opened the account he handed us a bill for £84 accepted by his brother to hold for collection. It was not due until the beginning of August, and the account was closed on June 27.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-175" type="witnessName">
<interp inst="t19110717-name-175" type="gender" value="male"/>
<interp inst="t19110717-name-175" type="surname" value="BILLINGHURST"/>
<interp inst="t19110717-name-175" type="given" value="HENRY"/>HENRY BILLINGHURST</persName> </hi>, managing director of Brinsmeads. Prisoner was in our employ temporarily for about a fortnight about the end of March, doing some typewriting work. He brought his own machine with him. About April 6 I told him I had no more work for him and gave him a testimonial as to his ability as a typist. He then asked me if he might continue to work his own private practice, making use of our basement for a short time. I declined, but gave him permission to use a room in a block of studios next door temporarily. He agreed to give us a third of the profits in lieu of rent, but I never anticipated to receive anything from him, and have not done. We were not running the Cavendish Bureau, and he was not our manager and had no connection with us and no authority to pledge our credit.</p>
<p>Cross-examined. I let prisoner have the use of the room as I wished to assist him to make a start in business. If it had been a success I should not have refused to take a share of the profits.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-176" type="witnessName">
<interp inst="t19110717-name-176" type="gender" value="male"/>
<interp inst="t19110717-name-176" type="surname" value="DURNFORD"/>
<interp inst="t19110717-name-176" type="given" value="RICHARD PERCIVAL"/>RICHARD PERCIVAL DURNFORD</persName> </hi> (prisoner, on oath). I am a married man with two children. On June 15 I saw Mr. Easton and handed him a cheque for £6. I told him I had mislaid his account to the end of May, which came to about £5, and that I had had goods to over £1 since then, and asked him to give me a receipt to date. He replied, "We always keep our monthly accounts separate, "and gave me a receipt for the account to May 29 and handed me the change, £1 18s. 9d. I had before that opened an account at the Capital and Counties Bank. I explained to the manager what the object of the</p>
<xptr type="pageFacsimile" doc="191107170034"/>
<p>Cavendish Bureau was, and Mr. Billinghurst's connection with it. He handed me a paying-in book. Next day I handed him a bill for £84. On May 29 I paid in in good faith the cheque for £17 10s. It was given me by Mr. Claude Allen, whom I had known some twenty years ago in Scotland; I had lent him money on several occasions. I had not seen him until about Easter this year, when he came up and spoke to me in Regent's Park. He reminded me that he owed me money. I gave him my address and some days afterwards, on May 29, I saw him again and he gave me that cheque for £17 10s. With regard to the typewriter, I never told Mr. Easton that Brinsmeads had agreed to buy me a machine or that I was manager of the Bureau for them. I agreed to purchase the machine myself and pay for it. As to the guinea discount, I asked Mr. Easton to keep that in part payment of what I still owed him and he replied, "The June account will soon be rendered, "and handed me the guinea. He must have dreamt that I told him my wife had a legacy and was making me a present of the typewriter. If I did mention a legacy it was one I was expecting myself.</p>
<p>Cross-examined. I cannot explain why Allen should have been so cruel as to offer to repay a debt and then send me two cheques which were dishonoured. I saw him at the police court, but I have taken no steps to call him as a witness. He did give me his address, but I cannot remember it now. I wrote him after I heard his cheque was returned the second time—it is Hope Street, Glasgow; the address was written on the top of the cheque. He did not reply. I knew on June 10 that the second cheque was dishonoured, but the bank had the bill for £84, and I thought that was security for an overdraft. I did get a letter of June 7 from the bank in which they asked me not to draw cheques unless I had a balance to my credit, but I hoped to pay in other moneys because there were at that time and are still many accounts due to the Bureau for work done. I did draw two cheques for.£12 and £2 after I was notified that the account was closed, but that was after the warrant was out, and when a warrant is out for a man's arrest he will do anything.</p>
<rs id="t19110717-37-verdict-1" type="verdictDescription">
<interp inst="t19110717-37-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-37-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Prisoner confessed to having been convicted on March 2, 1903, of obtaining money by false pretences. Other convictions were proved; prisoner had a very bad record.</p>
<rs id="t19110717-37-punishment-23" type="punishmentDescription">
<interp inst="t19110717-37-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-37-punishment-23" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-37-19110717 t19110717-37-punishment-23"/>Twelve months' hard labour</rs>.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE LUMLEY SMITH</hi>.</p>
<p>(Wednesday, July 19.)</p> </div1>
<div1 type="trialAccount" id="t19110717-38">
<interp inst="t19110717-38" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-38" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-38-charge-1" targOrder="Y" targets="def1-38-19110717 t19110717-38-offence-1 t19110717-38-verdict-1"/>
<persName id="def1-38-19110717" type="defendantName">
<interp inst="def1-38-19110717" type="gender" value="male"/>
<interp inst="def1-38-19110717" type="age" value="45"/>
<interp inst="def1-38-19110717" type="surname" value="FINCH"/>
<interp inst="def1-38-19110717" type="given" value="EDWARD"/>
<interp inst="def1-38-19110717" type="occupation" value="ink maker"/>
<hi rend="largeCaps">FINCH</hi>, Edward (45, ink maker)</persName>
<rs id="t19110717-38-offence-1" type="offenceDescription">
<interp inst="t19110717-38-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19110717-38-offence-1" type="offenceSubcategory" value="embezzlement"/>, feloniously and fraudulently embezzling and stealing the several sums of £15 2s. 3d., £12 12s., and £1 16s., received by him on account of
<persName id="t19110717-name-178" type="victimName">
<interp inst="t19110717-name-178" type="gender" value="male"/>
<interp inst="t19110717-name-178" type="surname" value="GITTINGS"/>
<interp inst="t19110717-name-178" type="given" value="JOSEPH JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-38-offence-1 t19110717-name-178"/>Gittings</persName>,
<persName id="t19110717-name-179" type="victimName">
<interp inst="t19110717-name-179" type="gender" value="male"/>
<interp inst="t19110717-name-179" type="surname" value="HILLS"/>
<interp inst="t19110717-name-179" type="given" value=""/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-38-offence-1 t19110717-name-179"/>Hills</persName>, and
<persName id="t19110717-name-180" type="victimName">
<interp inst="t19110717-name-180" type="gender" value="male"/>
<interp inst="t19110717-name-180" type="surname" value="BOOTHBY"/>
<interp inst="t19110717-name-180" type="given" value=""/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-38-offence-1 t19110717-name-180"/>Boothby</persName>, his masters.</rs> </p>
<xptr type="pageFacsimile" doc="191107170035"/>
<p>Mr. Duncan Wallace prosecuted; Mr. Forrest Fulton defended.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-181" type="witnessName">
<interp inst="t19110717-name-181" type="gender" value="male"/>
<interp inst="t19110717-name-181" type="surname" value="GITTINGS"/>
<interp inst="t19110717-name-181" type="given" value="JOSEPH JAMES"/>JOSEPH JAMES GITTINGS</persName> </hi>, managing director, Gittings, Hills, and Booth by, Limited, printing ink manufacturers, Birmingham. I came into contact with prisoner at the beginning of this year, when he was managing for the receiver the business of the London and Scottish Printing Ink Company. He told me he had a possible partner and we had conversations about purchasing the business. He said he was financially embarrassed, his capital was not enough to run the business, and he was in a tight corner for getting credit. The London and Scottish Company's business was his for a few days since February 11. An agreement was entered into on March 23 in confirmation of a verbal agreement made on March 16 by which we bought the busi
<lb/>ness from prisoner. His services as manager commenced on March 20. For 10 or 12 days the business was run in the name of the London and Scottish Printing Ink Company, as we were removing from Fleet Street into Turnmill Street. Exhibit 6 is an account for goods supplied to Barclay and Fry after March 20, amounting, less discount, to £19 8s. 6d. The amount of goods supplied between March 20 and 27 is £12 12s. The receipt is written by prisoner. The cheque drawn by Barclay and Fry, £19 8s. 6d., is endorsed by prisoner "per pro London and Scottish Printing Ink Co." Exhibit 8 is an account for goods supplied to A. White and Co. during Feb
<lb/>ruary and March amounting to £10 5s. 2d. net, of which £1 12s. 5d. were supplied after March 20. Their cheque is dated April 28 and is endorsed by prisoner on behalf of the London and Scottish. Ex
<lb/>hibit 4 is an account between Grant and Co. and the London and Scottish Co. for £23 15s. 5d., receipted by prisoner. The amount of goods supplied after March 20 is £14 7s. 2d. The cheque is en
<lb/>dorsed by prisoner. According to the agreement he had to send cheques every night direct to us. We never authorised prisoner to endorse cheques. The cheques were not paid into our bank. After signing the agreement I had conversations many times with prisoner as to getting in the accounts. He asked us to be lenient with customers about collecting book debts and said the customers had already been troubled by the receiver for the late company and it would be a good thing for us if we allowed the debts to stand a bit. After some corre
<lb/>spondence about the accounts he wrote on May 26: "I quite agree with you; some of these should have been paid." In consequence of the reports received from him I made inquiries as to the state of the accounts and endeavoured to see prisoner. I wired him that I was coming on June 1 and he must be at the office to see me. He did not keep that appointment. I saw his son Bill, and told him I had been to Grant's that morning and found that prisoner had received their account on April 13. I gave him a message for his father. That day I went on a tour and returned on June 15.</p>
<p>Cross-examined. At the time we took over the business there was no official account at the bank and the cheques we sent to prisoner as manager may have been cashed through different accounts, and appa
<lb/>rently were. He was not responsible for the payment of the accounts</p>
<xptr type="pageFacsimile" doc="191107170036"/>
<p>or for the payment of his two sons. We paid them by a cheque to him every week. We paid the travellers their commission direct. I first became conscious there was embezzlement on June 1. I said we would take criminal proceedings unless the accounts were corrected on my return. That does not mean unless I got the money; it means I wanted the books straight. I applied for a warrant on June 19. I laid an information before the magistrate. He refused to grant a warrant and said, "Lock him up." We knew nothing about com
<lb/>mission to Chappel on Barclay and Fry's account until afterwards. Chappel is not employed by us. We have no agreement with him. I have received a small order from him. I know now that he obtained all the orders from them. We had nothing to do with paying the commission on White's order. We were paying prisoner for those orders, not other people. We paid him £3 salary and £1 expenses for travelling. He did some small repairs to a mill in consideration of an extra price which we paid him for the mills. He undertook to put them in order.</p>
<persName id="t19110717-name-182" type="witnessName">
<interp inst="t19110717-name-182" type="gender" value="male"/>
<interp inst="t19110717-name-182" type="surname" value="LANG"/>
<interp inst="t19110717-name-182" type="given" value="JAMES"/>
<hi rend="smallCaps">JAMES LANG</hi> </persName>, G Division. I saw prisoner detained at Bridewell Police Station on July 12. I said, "I am a police officer, and I am going to take you to King's Cross Road Police Station, where you will be charged with embezzling, on April 13, £15 2s. 3d. and £12 17s., and, on April 28, £1 16s., the money sof your em
<lb/>ployers, Gittings, Hills and Boothby, Limited." He said, "All right." On the way to the station, he said, "It is only a matter of account. When I sold them the business there were several book debts, and it is them I have been collecting." I said, "That is not so; the amount you are being charged with refers to moneys you have received for goods supplied since you sold the business." He said nothing to that. When formally charged, he said, "Can I have the names of the firms from whom I am said to have got the money." I said, yes, and gave him the names of the three firms.</p>
<hi rend="smallCaps">GITTINGS</hi> recalled. Until these proceedings I have never heard of the travellers, Chappel or Thompson. We bought the book debts of prisoner. They amounted to £80 0s. lid. He has collected prac-tically £180.</p>
<hi rend="smallCaps">FULTON</hi> submitted that there was no case to go to the jury. (Overruled.)</p>
<hi rend="smallCaps">
<persName id="t19110717-name-183" type="witnessName">
<interp inst="t19110717-name-183" type="gender" value="male"/>
<interp inst="t19110717-name-183" type="surname" value="FINCH"/>
<interp inst="t19110717-name-183" type="given" value="EDWARD"/>EDWARD FINCH</persName> </hi> (prisoner, on oath). I have never before been charged with any criminal offence. I have been in business all my life and held managerships since 1893. There has never been any suggestion of dishonesty or irregularity in my conduct. I received the three cheques. From Grant's there has to be deducted £1,178 for rent. I had a certain part of that quarter's rent to pay to Grant's and the receiver had a certain part. Then there ws 15s. 1d. discount. The account is not all in respect of goods supplied after March 20. In the case of Barclay and Fry, there was a special discount of 10 per cent, and Chappel's commission £2 16s. 8d. Chappel took orders</p>
<xptr type="pageFacsimile" doc="191107170037"/>
<p>from Barclay and Fry for our firm from the very day we commenced. You would call him a commission agent. I paid him every farthing with Mr. Gittings' knowledge and consent. He told me he did not want to know anything about commissions; he left it to me. There is 3s. 7d. discount to White and 8s. 1d. to Chappel. Chappel's com
<lb/>mission in April was £8 10s. 6d. and in May £4 15s. 5d. Thompson's was £3 17s. lid. The brass bearings of the rollers were worn; I told Mr. Gittings about it; he looked at them and said, "You must get them done." I got them done and paid £4 10s. With regard to the £3 salary, I paid that to my son under a letter they wrote to me. On going into the account I found I had some money belonging to them and I paid the £3. I make out that they owe me £2 4s. 11d. instead of me owing them £29 1s. 3d. I said, when arrested, and still say it is a matter of account. I was expecting to go through the whole of the accounts and make a, settlement with Mr. Gittings at some future time.</p>
<p>Cross-examined. I think my solicitor has a receipt for the £4 10s. for repairs to the mills and some of Chappel and Thompson's receipts. The cheques were made out to the London and Scottish Company, and I paid them into my bank. I sold the business to Gittings as from March 25. I did not understand, as regards the London and Scottish cheques, that I was to pay them over the same night as received. I endorsed the cheques. The matter of authority to endorse was never discussed. I looked upon the cheques as belonging to my account. I could not say it is usual for a manager to have authority to pay into his own account. I have only been practical manager not general manager. When I paid the cheques in I did not know there was any portion of Gittings, Hills and Booth by's money in those. I did not look particularly into the account. One does not always turn to every item when you are sending a receipt to see what month it is in. The amount of the book debts was just over £8. I received an advance of £60 in respect of them. It may be that I have only paid Gittings, Hills and Boothby 5s. on account of outstanding book debts. There was one cheque I gave to Mr. Gittings for, I think, £2 14s. As to my writing the firm on April 29, after I had got Barclay and Fry's cheque, saying I had not and that I had arranged that they should have a quarterly account in future, I must have overlooked the fact that they had paid. I had forgotten it. I did not think I meant to tell them an untruth. I looked upon the £60 as a loan to me and that I was entitled to pay the book debts collected into my account. I did not look upon them as belonging to Gittings, Hills and Boothby, and that is why I did not notify anything to them. If the cheques had been made out to them I should have sent them on to Birmingham.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-184" type="witnessName">
<interp inst="t19110717-name-184" type="gender" value="male"/>
<interp inst="t19110717-name-184" type="surname" value="BENNETT"/>
<interp inst="t19110717-name-184" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN BENNETT</persName> </hi>. I have known defendant about 10 years. He has always borne the reputation of being thoroughly straightfor
<lb/>ward and honest.</p>
<rs id="t19110717-38-verdict-1" type="verdictDescription">
<interp inst="t19110717-38-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-38-verdict-1" type="verdictSubcategory" value="withRecommendation"/>Guilty, with a strong recommendation to mercy.</rs> </p>
<rs id="t19110717-38-punishment-24" type="punishmentDescription">
<interp inst="t19110717-38-punishment-24" type="punishmentCategory" value="noPunish"/>
<interp inst="t19110717-38-punishment-24" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-38-19110717 t19110717-38-punishment-24"/>Sentence was postponed to next Sessions.</rs> </p> </div1>
<div1 type="trialAccount" id="t19110717-39">
<interp inst="t19110717-39" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-39" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-39-charge-1" targOrder="Y" targets="def1-39-19110717 t19110717-39-offence-1 t19110717-39-verdict-1"/>
<join result="criminalCharge" id="t19110717-39-charge-2" targOrder="Y" targets="def1-39-19110717 t19110717-39-offence-2 t19110717-39-verdict-1"/>
<xptr type="pageFacsimile" doc="191107170038"/>
<persName id="def1-39-19110717" type="defendantName">
<interp inst="def1-39-19110717" type="gender" value="male"/>
<interp inst="def1-39-19110717" type="age" value="39"/>
<interp inst="def1-39-19110717" type="surname" value="INGRAM"/>
<interp inst="def1-39-19110717" type="given" value="JOHN"/>
<interp inst="def1-39-19110717" type="occupation" value="labourer"/>
<hi rend="largeCaps">INGRAM</hi>, John, otherwise
<rs id="t19110717-alias-2" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-39-19110717 t19110717-alias-2"/> John Jones </rs>(39, labourer)</persName>
<rs id="t19110717-39-offence-1" type="offenceDescription">
<interp inst="t19110717-39-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19110717-39-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, breaking and entering a place of Divine Worship, to wit, the
<placeName id="t19110717-geo-3">
<join result="offencePlace" targOrder="Y" targets="t19110717-39-offence-1 t19110717-geo-3"/>Eltham Park Wesleyan Church</placeName>, and stealing therein one clock and other articles, to the value of 17s., the goods of
<persName id="t19110717-name-186" type="victimName">
<interp inst="t19110717-name-186" type="gender" value="male"/>
<interp inst="t19110717-name-186" type="surname" value="WOOD"/>
<interp inst="t19110717-name-186" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-39-offence-1 t19110717-name-186"/>William Wood</persName> and others;</rs>
<rs id="t19110717-39-offence-2" type="offenceDescription">
<interp inst="t19110717-39-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19110717-39-offence-2" type="offenceSubcategory" value="burglary"/>being found by night having in his possession, without lawful excuse, certain implements of house-breaking, to wit, one putty knife and one table knife.</rs> </p>
<p>Mr. T. Close prosecuted.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-187" type="witnessName">
<interp inst="t19110717-name-187" type="gender" value="male"/>
<interp inst="t19110717-name-187" type="surname" value="BIRDSEYE"/>
<interp inst="t19110717-name-187" type="given" value="SIDNEY GEO"/>SIDNEY GEO. BIRDSEYE</persName> </hi>, 9, Sherrard Gardens, Eltham. I prosecute for the Trustees of the church. When I left the church at 8.30 p.m. on June 25, everything was safe. The clock was taken from the ros
<lb/>trum, and the brush from the lavatory. Their value is 17s.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-188" type="witnessName">
<interp inst="t19110717-name-188" type="gender" value="indeterminate"/>
<interp inst="t19110717-name-188" type="surname" value="FAIRCHILD"/>
<interp inst="t19110717-name-188" type="given" value="ARTEMINIA"/>ARTEMINIA FAIRCHILD</persName> </hi>. I am the wife of the caretaker. I shut up the church at 8.45 p.m. The clock and hair brush were there then. About 1 a.m. I was called up by the police. I went to the church and found a window of the school broken.</p>
<persName id="t19110717-name-189" type="witnessName">
<interp inst="t19110717-name-189" type="gender" value="male"/>
<interp inst="t19110717-name-189" type="surname" value="SMITH"/>
<interp inst="t19110717-name-189" type="given" value="ERNEST"/>
<hi rend="smallCaps">ERNEST SMITH</hi> </persName>, 799 R. I saw prisoner in Well Hall Road at 2.45 a.m. on June 26. That is half a mile from the church. He was crouching down under some rails. As I went towards him he ran across the road. I asked him what he was doing. He said, "I am having a look round; I used to work in there." I noticed his pocket was bulky and asked what he had got in it. He said, "Only an old tea tin." I asked him to let me have a look, when he pulled out the clock. I asked him where he got it from. He said, "I picked it up." I told him I did not believe his statement, and should take him into custody. He said, "I am stony, and on the rocks." I took him to Shooter's Hill police station where he was charged. He made no reply. When searched there were found upon him two knives and a brush. There are two seats in Well Hall Road. I had been along there previously; there was no bundle or parcel there then.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-190" type="witnessName">
<interp inst="t19110717-name-190" type="gender" value="male"/>
<interp inst="t19110717-name-190" type="surname" value="INGRAM"/>
<interp inst="t19110717-name-190" type="given" value="JOHN"/>JOHN INGRAM</persName> </hi> (prisoner, on oath). I picked these things up on the first seat in Well Hall Road; they were wrapped up in an old hand
<lb/>kerchief, which I produced at the police court. I cannot run at all; I have synovitis in both my knees.</p>
<p>Cross-examined. When I told the officer it was only an old tea can I did not know which pocket he was referring to. I found the things about a quarter of an hour before I got to the top of Well Hall Road. I had walked from Dartford. I did not pass the church: I do not know where it 1s. I knew I had a clock in my pocket; I had looked in the handkerchief to see what was there.</p>
<rs id="t19110717-39-verdict-1" type="verdictDescription">
<interp inst="t19110717-39-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-39-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>. Several convictions were proved.</p>
<rs id="t19110717-39-punishment-25" type="punishmentDescription">
<interp inst="t19110717-39-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t19110717-39-punishment-25" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-39-19110717 t19110717-39-punishment-25"/>Six months' hard labour</rs>.</p>
<xptr type="pageFacsimile" doc="191107170039"/>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE RENTOUL</hi>.</p>
<p>(Wednesday, July 19.)</p> </div1>
<div1 type="trialAccount" id="t19110717-40a">
<interp inst="t19110717-40a" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-40a" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-40a-charge-1" targOrder="Y" targets="def1-40a-19110717 t19110717-40a-offence-1 t19110717-40a-verdict-1"/>
<persName id="def1-40a-19110717">
<interp inst="def1-40a-19110717" type="gender" value="male"/>
<interp inst="def1-40a-19110717" type="age" value="31"/>
<interp inst="def1-40a-19110717" type="surname" value="JACOBSON"/>
<interp inst="def1-40a-19110717" type="given" value="HARRY"/>
<interp inst="def1-40a-19110717" type="occupation" value="dealer"/>
<hi rend="largeCaps">JACOBSON</hi>, Harry (31, dealer)</persName>, charged with
<rs id="t19110717-40a-offence-1" type="offenceDescription">
<interp inst="t19110717-40a-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19110717-40a-offence-1" type="offenceSubcategory" value="fraud"/>conspiracy to de-fraud</rs>, was called upon his recognisances, and did not surrender.</p>
<p>Mr. Montague Shearman applied on behalf of the surety, the mother of the defendant, that the recognisances should not be estreated on the ground that Mrs. Jacobson had already given her son £600 on the understanding that it was to settle the case, and he had absconded with it.</p>
<p>Mr. G. W. H. Jones opposed the application, because the mother had not given the prosecution as much help as she might have done in tracing her son.</p>
<rs id="t19110717-40a-punishment-26" type="punishmentDescription">
<interp inst="t19110717-40a-punishment-26" type="punishmentCategory" value="noPunish"/>
<interp inst="t19110717-40a-punishment-26" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-40a-19110717 t19110717-40a-punishment-26"/>The case was postponed to next Sessions on the understanding that Mrs. Jacobson would assist the police as much as she possibly could.</rs> </p> </div1>
<div1 type="trialAccount" id="t19110717-41">
<interp inst="t19110717-41" type="uri" value="sessionsPapers/19110717"/>
<interp inst="t19110717-41" type="date" value="19110717"/>
<join result="criminalCharge" id="t19110717-41-charge-1" targOrder="Y" targets="def1-41-19110717 t19110717-41-offence-1 t19110717-41-verdict-1"/>
<persName id="def1-41-19110717" type="defendantName">
<interp inst="def1-41-19110717" type="gender" value="female"/>
<interp inst="def1-41-19110717" type="age" value="54"/>
<interp inst="def1-41-19110717" type="surname" value="DICKENS"/>
<interp inst="def1-41-19110717" type="given" value="FLORENCE"/>
<interp inst="def1-41-19110717" type="occupation" value=""/>
<hi rend="largeCaps">DICKENS</hi>, Florence (54)</persName>
<rs id="t19110717-41-offence-1" type="offenceDescription">
<interp inst="t19110717-41-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19110717-41-offence-1" type="offenceSubcategory" value="fraud"/>. Having been entrusted with certain property, to wit, the sum of £200, for safe keeping, unlawfully did fraudulently convert the same to her own use and benefit.</rs> </p>
<p>Mr. Purcell prosecuted; Mr. Daniel Warde defended.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-193" type="witnessName">
<interp inst="t19110717-name-193" type="gender" value="female"/>
<interp inst="t19110717-name-193" type="surname" value="PLATT"/>
<interp inst="t19110717-name-193" type="given" value="CHARLOTTE"/>CHARLOTTE PLATT</persName> </hi>, mother of the prisoner. I used to carry on busi
<lb/>ness at 26, Tanswell Street, Lambeth, as a wardrobe dealer and money
<lb/>lender. My husband, who is now dead and was an Army pensioner, used to bank his money, but when the Birkbeck Bank broke the first time I drew my money out and kept it in a cupboard in the house. At the beginning of this year I was taken ill and went to the Charing Cross Hospital; at that time I had £240 in the house in gold My daughter came to my house; she said, "Mother, have you got that money in there still?" I said, "Yes"; she said, "Ain't you frightened?" I said "No"; she said, "You are an old woman"; I said, "I know I am; I will give it to you, then it will be safe"; and I gave it to her; I gave her £200 and put £40 in my pocket. There was no one else there at the time. I gave her the money to take care of; it is not true to say I gave it to her as a present. Then I went to the hospital, and when I came out I went round to prisoner's house. I said to her, "What about that money?" and she said, "Wait for it"; and she ordered me out of the house. Then she wrote a postcard to my son to fetch me away. He came over on the Satur
<lb/>day morning and he said to her, "Florrie, what is the meaning of this?" She said, "Oh, I don't want my mother; she is her own mistress and master; let her do as she likes." Then he took me away to his place and I did not see prisoner again, but my son wrote to her. I believe it was in April I went to the hospital. I have never had a penny piece of my money back, and it is what I had to live on.</p>
<p>Cross-examined. I have another daughter, Mrs. McGrath. I have carried on business as a betting woman for 34 years; I am a registered money-lender; I am also an old age pensioner. My daughter's hus
<lb/>band is a" builder; he has been kind to me. When I took the money out of the cupboard I did not say, "Look here, Florrie, I will give</p>
<xptr type="pageFacsimile" doc="191107170040"/>
<p>you this, you can keep it; I have enough to last me"; I handed her the £200 and said, "It will be safe with you." I kept £40 in gold myself; I had no other money; I had my stock; I had 5s. a week old age pension coming in. I remember my other daughter calling on me at the time of the run on the Birkbeck Bank last November. I told her I had given Florrie £200. She said "Give her £200; well, I will do nothing for you." I said, "Well, she has got six children and you have none." I did not say "I shall not want." I did not say my son should not have a penny. When I left the hospital I was at My daughter's house seven weeks; I was treated with kindness by her husband and children, but not by her. I did not go to my son's house until she sent him a postcard to fetch me. I asked her three or four times for my money while I was under her shelter. The letter pro
<lb/>duced, written from 7, Monkton Street, was written by my son. My daughter has never denied that she had the £200. I do not remember her saying that she thought it was a present.</p>
<p>Re-examined. I am quite certain that I gave the money to my daughter on two occasions. The first time it was put in the Birkbeck Bank, and when there was a run on the bank my daughter took it out and gave it back to me. I gave her the money again to take care of just before I went into the hospital. When I asked her for the money back she never said it was a present to her; she said, "Wait for it."</p>
<hi rend="smallCaps">
<persName id="t19110717-name-194" type="witnessName">
<interp inst="t19110717-name-194" type="gender" value="male"/>
<interp inst="t19110717-name-194" type="surname" value="PLATT"/>
<interp inst="t19110717-name-194" type="given" value="ALFRED FRANCIS"/>ALFRED FRANCIS PLATT</persName> </hi>, cab driver, 7, Monkton Street, Kenning
<lb/>ton. I am son of prosecutrix and brother of prisoner. I know that my mother used to keep a large sum of money in a cupboard. The first conversation I had with my sister about the money was in about January of this year; she told me she had put it in the Birk
<lb/>beck Bank in her own name; I said, "That is not right; you should have put it in mother's name." Then there was the scare about the Birkbeck Bank and she told me she had drawn the money out and handed it over to mother. Then, before mother went to the hospital, Florrie said, "You know mother has given me this money to mind for her, and you know I shall share it with you if anything happens "; and mother's connection was to be given to my wife. I agreed to that. Then my sister said, "I wish mother was dead," and we had a jangle over that. The following day I went down to my mother's house and found she had been moved away, and it was not till 18 days afterwards I found out she was in the hospital. I told my sister it was most un
<lb/>fair to move my mother to the hospital after my wife had been sitting up with her six consecutive nights, and I said I would have her out the next day. Then when I went to the hospital again I found my mother had been taken away by Mr. Dickens; I only found out four weeks afterwards that she had gone to my sister's house. Then I went down to see mother and she told me in the presence of the defendant that she was not comfortable there, and begged me to take her away, which I did some four days afterwards. I had a postcard from my sister and I went down to see her; I said, "What is the meaning of this postcard?" She said, "Mother is b——well her own master and she is b——well her own missis, let her b——well clear out of here,</p>
<xptr type="pageFacsimile" doc="191107170041"/>
<p>I don't want her." Then I took mother to my house and she has been there ever since. That was on June 10, and on the 12th, at my mother's request, I wrote to my sister the registered letter which has been read. I have had no conversation with my sister about the money since.</p>
<p>Cross-examined. I brought some charges against the police before the Police Commission, but the Commission did not think there was sufficient corroboration to act upon it. All the conversation that I have spoken of with my sister is true. I have not been a great trouble to my mother; I owed her money in 1901, which she has had back since. I was not drunk when I went to the hospital to see my mother, and the police were not called to remove me. I was formerly a cab
<lb/>man; the Police Commissioners refused to renew my license because I was fined for street betting.</p>
<p>Re-examined. I have been fined for street betting three or four times. I complained of the police about street betting, and in cones
<lb/>quench I gave evidence before the Commission. I produce the Para
<lb/>graph of the report which refers to myself.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-195" type="witnessName">
<interp inst="t19110717-name-195" type="gender" value="male"/>
<interp inst="t19110717-name-195" type="surname" value="WARD"/>
<interp inst="t19110717-name-195" type="given" value="ALBERT"/>ALBERT WARD</persName> </hi>, detective, L Division. I was with Thompson at half-past seven on June 21, when he served a summons on the prisoner. The summons was read to her and she said, "What money I had from my mother was given to me as a present," or words to that effect.</p>
<p>This concluding the case for the prosecution, Mr. Daniel Warde took objection to the charge as being a case for the Civil Courts. He cited Winter v. Winter (4 Law Times, 639); Bennett v. Bennett (10 Chancery Division); and Cochrane v. Moore, (25 Q.B.D., 357). He submitted that this case was one not of fraud, but of mistake, and when the criminal proceedings were threatened the defendant refused to return the money under threat. His client was a person of substance and was quite prepared to refund the money if a verdict was obtained in a Civil Court, but her contention was that the money was a gift.</p>
<p>Mr. Purcell argued that the charge was properly brought under the Larceny Act of 1901. The mother had given the money for safe keeping to the daughter, and when she asked for it to be returned the daughter said she must wait. There was no assertion at that time that it was a gift. Then after the money had been formally demanded and refused these proceedings were taken. At the same time he did. not think these sort of cases were desirable in a criminal court, and he bad advised his client to try and arrange the matter. He thought if an adjournment were granted it might still be possible to stop this criminal charge by a mother against her daughter being proceeded with.</p>
<p>After a short adjournment terms were settled between the parties, and Mr. Purcell asked that he might be allowed to withdraw the evidence on the part of the prosecution.</p>
<p>Judge Rantoul assenting to this course, a verdict of
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<interp inst="t19110717-41-verdict-1" type="verdictSubcategory" value=""/>Not Guilty</rs> was entered.</p> </div1>
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<interp inst="def1-42-19110717" type="given" value="JOHN"/>
<interp inst="def1-42-19110717" type="occupation" value="newsvendor"/>
<hi rend="largeCaps">COLTMAN</hi>, John (19, newsvendor)</persName>;
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<hi rend="largeCaps">WALSH</hi>, William (19, French polisher)</persName>, and
<persName id="def3-42-19110717" type="defendantName">
<interp inst="def3-42-19110717" type="gender" value="male"/>
<interp inst="def3-42-19110717" type="age" value="22"/>
<interp inst="def3-42-19110717" type="surname" value="STEVENS"/>
<interp inst="def3-42-19110717" type="given" value="WILLIAM"/>
<interp inst="def3-42-19110717" type="occupation" value="carman"/>
<hi rend="largeCaps">STEVENS</hi>. William (22, carman)</persName>
<rs id="t19110717-42-offence-1" type="offenceDescription">
<interp inst="t19110717-42-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19110717-42-offence-1" type="offenceSubcategory" value="pocketpicking"/> all stealing the sum of 7d. or thereabouts, the moneys of
<persName id="t19110717-name-199" type="victimName">
<interp inst="t19110717-name-199" type="gender" value="male"/>
<interp inst="t19110717-name-199" type="surname" value="NEILL"/>
<interp inst="t19110717-name-199" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-42-offence-1 t19110717-name-199"/>James Neill</persName>, from his person;</rs>
<rs id="t19110717-42-offence-2" type="offenceDescription">
<interp inst="t19110717-42-offence-2" type="offenceCategory" value="violentTheft"/>
<interp inst="t19110717-42-offence-2" type="offenceSubcategory" value="robbery"/>all unlawfully assaulting
<persName id="t19110717-name-200" type="victimName">
<interp inst="t19110717-name-200" type="gender" value="male"/>
<interp inst="t19110717-name-200" type="surname" value="NEILL"/>
<interp inst="t19110717-name-200" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-42-offence-2 t19110717-name-200"/>James Neill</persName>, with intent to rob and steal from his person divers of his moneys;</rs>
<rs id="t19110717-42-offence-3" type="offenceDescription">
<interp inst="t19110717-42-offence-3" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19110717-42-offence-3" type="offenceSubcategory" value="assault"/>all unlawfully assaulting
<persName id="t19110717-name-201" type="victimName">
<interp inst="t19110717-name-201" type="gender" value="male"/>
<interp inst="t19110717-name-201" type="surname" value="ROFF"/>
<interp inst="t19110717-name-201" type="given" value="REUBEN"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-42-offence-3 t19110717-name-201"/>Reuben Roff</persName>, a constable of the Metropolitan police, with intent to resist their law
<lb/>ful apprehension;</rs> Walsh
<rs id="t19110717-42-offence-4" type="offenceDescription">
<interp inst="t19110717-42-offence-4" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19110717-42-offence-4" type="offenceSubcategory" value="assault"/>unlawfully assaulting
<persName id="t19110717-name-202" type="victimName">
<interp inst="t19110717-name-202" type="gender" value="male"/>
<interp inst="t19110717-name-202" type="surname" value="BARKER"/>
<interp inst="t19110717-name-202" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-42-offence-4 t19110717-name-202"/>George Barker</persName>, a constable of the Metropolitan police, with intent to resist his lawful apprehension; </rs>Walsh
<rs id="t19110717-42-offence-5" type="offenceDescription">
<interp inst="t19110717-42-offence-5" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19110717-42-offence-5" type="offenceSubcategory" value="assault"/>unlawfully assaulting
<persName id="t19110717-name-203" type="victimName">
<interp inst="t19110717-name-203" type="gender" value="male"/>
<interp inst="t19110717-name-203" type="surname" value="BROWN"/>
<interp inst="t19110717-name-203" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t19110717-42-offence-5 t19110717-name-203"/>Thomas Brown</persName>.</rs> </p>
<p>Prisoners were first tried upon the indictment for larceny from the person of James Neill.</p>
<p>Mr. Boyd and Mr. Oddie prosecuted; Mr. G. Tully-Christie defended Coltman; Mr. Hutchinson defended Walsh.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-204" type="witnessName">
<interp inst="t19110717-name-204" type="gender" value="male"/>
<interp inst="t19110717-name-204" type="surname" value="NEILL"/>
<interp inst="t19110717-name-204" type="given" value="JAMES"/>JAMES NEILL</persName> </hi>, labourer, 6a, Clarendon Street, Somers Town. On June 22, about 7 p.m., I looked in the "Jubilee" public-house, Gee Street, Somers Town, to see if a friend of mine was there; I then went to the next door when I was surrounded by five or six men, among them Coltman and Walsh; they pinned me against the front of the public-house; Coltman held my hands out while the other men went through my pockets; he also pressed his knee against my stomach, and somebody hit me in the stomach. At the police court I said Walsh hit me in the stomach, I was confusing Walsh with Coltman. They emptied my pockets; I had 10 1/2 d. in them; then they went off in the direction of Clarendon Square; I followed and I saw Coltman outside the Catholic Church kicking at females as he ran; I followed him till the police came, when I pointed him out. I did not see Walsh again till I saw him at the station. He was not put up for identification; I saw him there with other people. My trousers were torn so that I could not wear them; a constable lent me the pair I have got on.</p>
<p>Cross-examined by Mr. Tully-Christie. I went from one door of the public-house to the other to look for my friend; the men came out of the "Jubilee"; I cannot say I saw them come out. There were no other people in the street except children playing. Coltman was the only one who held me. I had not been drinking. I was running after them for about 20 minutes; we only went about a quarter of a mile owing to the stoppages and the disturbance. Coltman had been drinking; there was a female there outside the Catholic church; she seemed to me to be trying to check him from his madness; trying to hold him.</p>
<p>Cross-examined by Mr. Hutchinson. When I mixed up Coltman and Walsh at the police court, I think it was Mr. Ricketts who pointed out my mistake; that would be in cross-examination, I cannot ex-plain how it was I said Walsh had his knee on my stomach and directly afterwards said I saw Coltman caught by the policeman. It was Coltman I followed. I told the policeman that these men came out of the public-house.</p>
<p>Re-examined. Coltman is the only one of these three men who did anything to me. At the police court I always pointed to Colt
<lb/>man and called him Walsh. I did not know their names.</p>
<xptr type="pageFacsimile" doc="191107170043"/>
<hi rend="smallCaps">
<persName id="t19110717-name-205" type="witnessName">
<interp inst="t19110717-name-205" type="gender" value="male"/>
<interp inst="t19110717-name-205" type="surname" value="ROBERTS"/>
<interp inst="t19110717-name-205" type="given" value="JAMES"/>JAMES ROBERTS</persName> </hi>, railway carman, Somers Town. On June 22, about 7 p.m., I went into the "Jubilee." While I was in there some men came in, among them Coltman and Stevens; the barman refused to serve them. When I went out of the house I saw Neill surrounded by a number of men; he was being hustled, and he said, "They have got my money." Stevens and Coltman were among the men round him. Coltman was in the centre; he was very conspicuous because he had a white helmet on, a discarded soldier's foreign service helmet. Stevens was more to the outside. When Neill said, "They have got my money," they broke away from him and went round Clarendon Square in the direction of Phœnix Street. There were a lot of women and children in Clarendon Square, and one of the women rushed at Goltman and struck him; he retaliated, and then ran into the crowd kicking and punching indiscriminately. At the corner of Carlton Street Coltman was arrested. I saw Walsh about midway between the "Cock" public-house and Equity Buildings, that would be about 150 yards from the "Jubilee." I subsequently identified Stevens at the police station on July 5. He was put up for identification with 10 or 12 others, and I picked him out.</p>
<p>Cross-examined by Mr. Tully-Christie. I was in the saloon bar and these men came into the bar facing; I could see perfectly well. There were seven or eight of them altogether; I could not say which one struck Neill; I saw the blow struck and heard the cry; Neill followed them; I followed also. I saw Coltman arrested.</p>
<p>Cross-examined by Mr. Hutchinson. The two I am prepared to swear were in the public-house are Coltman and Stevens. The first time I saw Walsh was midway between the "Cock" and Equity Build
<lb/>ings. The men all walked hurriedly away after the robbery.</p>
<p>Re-examined. Holtman's white hat got knocked off when he was in the square.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-206" type="witnessName">
<interp inst="t19110717-name-206" type="gender" value="male"/>
<interp inst="t19110717-name-206" type="surname" value="JONES"/>
<interp inst="t19110717-name-206" type="given" value="GEORGE"/>GEQRGE JONES</persName> </hi>, caretaker, Polygon Buildings, Clarendon Square. On June 22, about 6.45 p.m., I noticed a crowd, amongst whom were Coltman and Stevens, coming from the north-west end of the square; they were followed by a crowd of women and children; they tried to drive the women and children away. They went in the direction of Phœnix Street; Neill was following, and in consequence of what he said to me I stood by him and I was assaulted by someone, who I cannot say, but I believe it to be Stevens. I was struck on the back of the head. I saw Coltman arrested, and I saw Stevens there, but I cannot say that Walsh was there. I received another blow on the eye, which broke my glasses.</p>
<p>Cross-examined by
<hi rend="smallCaps">STEVENS</hi>. I feel confident that you were the man who hit me.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-207" type="witnessName">
<interp inst="t19110717-name-207" type="gender" value="male"/>
<interp inst="t19110717-name-207" type="surname" value="BROWN"/>
<interp inst="t19110717-name-207" type="given" value="THOMAS"/>THOMAS BROWN</persName> </hi>, clerk, 151, Carlton Road, Kentish Town. On June 22 I was on the steps of the club in Clarendon Square. I saw Coltman arrested. I also saw Police-constable Roff arrest Stevens. The crowd were very hostile, and I went to the officer's assistance, and I was beaten off by Walsh.</p>
<xptr type="pageFacsimile" doc="191107170044"/>
<p>Mr. Hutchinson objected to this evidence, on the ground that an assault upon a person who was not present at the time of the robbery had nothing to do with the robbery.</p>
<p>Mr. Boyd submitted that evidence which showed that Walsh was in company of the other man immediately afterwards in the neighbour
<lb/>hood was admissible for the purpose of identification.</p>
<p>Judge Rentoul. I do not think it strengthens your case much; you had better leave it out.</p>
<p>To Mr. Hutchinson. There were a good few people there when I was assaulted.</p>
<p>To Mr. Tully-Christie. I do not know what Coltman was actually doing at the time he was arrested. He came down the street with a big mob of people behind him. I could not say whether he was sober or not.</p>
<persName id="t19110717-name-208" type="witnessName">
<interp inst="t19110717-name-208" type="gender" value="male"/>
<interp inst="t19110717-name-208" type="surname" value="COBBETT"/>
<interp inst="t19110717-name-208" type="given" value="GEORGE"/>
<hi rend="smallCaps">GEORGE COBBETT</hi> </persName>, 556 Y. On this evening I was with Police-constable Whitbread in Phœnix Street when Neill called out to us and pointed out the three prisoners and some other men. Neill's trousers were torn down the front and he was very much ex
<lb/>cited; he was sober. I arrested Coltman, he was very violent; I had to get assistance to take him to the station. I saw Walsh there; he struck Police-constable Roff in the face.</p>
<p>To Mr. Tully-Christie. Coltman was not drunk when I arrested him. I arrested him because Neill pointed him out to me.</p>
<p>To Mr. Hutchinson. There was a large crowd there at the time.</p>
<persName id="t19110717-name-209" type="witnessName">
<interp inst="t19110717-name-209" type="gender" value="male"/>
<interp inst="t19110717-name-209" type="surname" value="WHITBREAD"/>
<interp inst="t19110717-name-209" type="given" value="WILLIAM"/>
<hi rend="smallCaps">WILLIAM WHITBREAD</hi> </persName>, 287 Y. On this evening, in consequence of a statement made to me (in company with Police-con
<lb/>stable Cobbett) by Neill, we arrested Coltman. He was very violent. I also saw Stevens in the custody of Police-constable Roff and I saw Walsh strike him in the face.</p>
<p>To Mr. Hutchinson. There were two or three hundred people there at the time.</p>
<persName id="t19110717-name-210" type="witnessName">
<interp inst="t19110717-name-210" type="gender" value="male"/>
<interp inst="t19110717-name-210" type="surname" value="ROFF"/>
<interp inst="t19110717-name-210" type="given" value="WILLIAM REUBEN"/>
<hi rend="smallCaps">WILLIAM REUBEN ROFF</hi> </persName>, 391 D. On this evening I was in Clarendon Square in plain clothes, off duty, when I saw the two officers, Cobbett and Whitbread, with Coltman in custody. They were having difficulty and I went to their assistance. I arrested Stevens. He kicked Cobbett; I went towards him; he struck me in the face, and I arrested him. While I had him in custody I was assaulted by Walsh.</p>
<p>Mr. Hutchinson again objected that evidence of this assault was not admissible upon the present indictment.</p>
<p>Mr. Boyd submitted that it was admissible as evidence of identity. Coltman was in the custody
<hi rend="italic">of</hi> Cobbett and Whitbread; Roff went to their assistance, when the other prisoner, Stevens, made an attack on the officers; upon that Roff arrested Stevens and while he had him in custody he was attacked by Walsh.</p>
<p>Judge Rentoul. That makes it part of it, certainly.</p>
<p>Examination continued. I did not succeed in holding Stevens; both he and Walsh went off.</p>
<xptr type="pageFacsimile" doc="191107170045"/>
<p>Cross-examined by Stevens. Coltman was in custody when I came up; his wife was hanging on to Police-constable Whitbread's shoulder endeavouring to release him. I was kicked several times.</p>
<persName id="t19110717-name-211" type="witnessName">
<interp inst="t19110717-name-211" type="gender" value="male"/>
<interp inst="t19110717-name-211" type="surname" value="BARKER"/>
<interp inst="t19110717-name-211" type="given" value="GEORGE"/>
<hi rend="smallCaps">GEORGE BARKER</hi> </persName>, 612 Y. On June 22 at 9.30 p.m. I saw Walsh jumping over a wall. I arrested him for highway robbery with violence. He made no reply. On the way to the station he said, "If you have got me for this you won't have it all your own way. What do you take me for?"</p>
<p>Cross-examined by Mr. Hutchinson. I was in plain clothes; I and another man ran after the prisoner; the door of the house was shut; I put my shoulder against it and burst it open. I do not know John Harris; I do not know Alfred Spencer. Prisoner did use violence.</p>
<persName id="t19110717-name-212" type="witnessName">
<interp inst="t19110717-name-212" type="gender" value="male"/>
<interp inst="t19110717-name-212" type="surname" value="ADLETT"/>
<interp inst="t19110717-name-212" type="given" value="WILLIAM"/>
<hi rend="smallCaps">WILLIAM ADLETT</hi> </persName>, 45 YR. I arrested Stevens on July 5 at 3 a.m. at 6, Cleveland Mews for being concerned with the other two men in assault and robbery. He said, "I know nothing about it." On the way to the station he said, "I was in Seymour Street and heard the whistles blowing and I ran away. I had a fight with a man named Wagstaff. This is what I got," and he showed me his hand.</p>
<p>To Stevens. When I arrested you you said, "I know nothing about this affair." You did not say you had a row at the "Palmerston" in Hampstead Road at 10 o'clock.</p>
<p>Mr. Hutchinson submitted that there was no case against Walsh.</p>
<p>Judge Rentoul ruled that the whole case must go to the jury.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-213" type="witnessName">
<interp inst="t19110717-name-213" type="gender" value="male"/>
<interp inst="t19110717-name-213" type="surname" value="COLTMAN"/>
<interp inst="t19110717-name-213" type="given" value="JOHN"/>JOHN COLTMAN</persName> </hi> (prisoner, on oath). On June 22 about 7 p.m. I was going through Gee Street with my wife and two other chaps; I went into the "Jubilee" to get a drink, but they would not serve me. I came out and started to walk round Clarendon Square; there was a lot of children following us and I went into the "Cock" to get a drink; they would not serve me there. When I came out or the "Cock" I was arrested for drunk and disorderly. That is all I remember. I did not see Mr. Neill at all; I did not attempt to rob him, or hold his hands up or attack him in any way.</p>
<p>Cross-examined. It is quite true that I went into the "Jubilee" and that I went from there along Clarendon Square. I know Stevens well. I only know Walsh by sight. I did not see either of them in the public-house. I do not know that I had a white helmet on that night. I did not see Neill robbed; I did not hear him shout out that he had been robbed. Stevens was not with me in the "Jubilee" that evening; I saw him at the Cobden Statue about a quarter to seven and left him there. I cannot suggest any reason why he should try to rescue me from custody, or why Walsh should interfere with the police in any way.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-214" type="witnessName">
<interp inst="t19110717-name-214" type="gender" value="female"/>
<interp inst="t19110717-name-214" type="surname" value="COLTMAN"/>
<interp inst="t19110717-name-214" type="given" value="SARAH"/>SARAH COLTMAN</persName> </hi>. I was out with my husband on June 22, at about ten to seven he went into the "Jubilee" and they would not serve him; he came out and went to the "Cock"; they refused to serve</p>
<xptr type="pageFacsimile" doc="191107170046"/>
<p>him again; ho came outside and I tried to get him home; two con
<lb/>stables came up and took him in charge; I thought they were charging him with drunk and disorderly.</p>
<p>Cross-examined. 1 had met my husband at about six o'clock in High Street, Camden Town. He was wearing a white helmet. He was wearing it when he went into the "Jubilee"; I did not go in with him; I did not see any one else go in with him. I do not know whether he was wearing the white hat when he was arrested; I never saw it after
<hi rend="smallCaps">
<persName id="t19110717-name-215" type="witnessName">
<interp inst="t19110717-name-215" type="gender" value="male"/>
<interp inst="t19110717-name-215" type="surname" value="SOMERVILLE"/>
<interp inst="t19110717-name-215" type="given" value="EDWARD"/>EDWARD SOMERVILLE</persName> </hi>, French polisher. I met Coltman at about 6.30 or 7 p.m. on June 22 at the corner of Pratt Street. He went into the "Jubilee" for a drink, and they refused him; I did not see any
<lb/>body go in with him; I waited outside. When he came out we went round the corner,; he went into the "Cock" for a drink, and they re
<lb/>fused him; when he came out two constables took him in custody. I have seen the prosecutor; I did not see him at all that day.</p>
<p>Cross-examined. The "Jubilee" was the first public-house that Coltman went in while I was with him. I waited outside for him; I did not see a man robbed there; I did not see a crowd of men round another man; there were a decent few people round there. Coltman was wearing a white helmet that day; I think ho lost that up the road; I cannot swear that he had it when he went into the "Jubilee." I know Steven by sight; he is not a friend of mine. I could not say whether he was with Coltman when he went into the "Jubilee." I did not see any other men with him when he came out. I will not swear that there were none.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-216" type="witnessName">
<interp inst="t19110717-name-216" type="gender" value="male"/>
<interp inst="t19110717-name-216" type="surname" value="STROUD"/>
<interp inst="t19110717-name-216" type="given" value="JOSEPH"/>JOSEPH STROUD</persName> </hi>, French polisher. On June 22, at about 6 or 6.30, I met Coltman opposite Pratt Street; Somerville was with me; we went down High Street and Evershott Street into Gas Street; Coltman went into the "Jubilee" to get a drink and was refused. I waited outside with my friend and Mrs. Coltman; we could see into the public-house; I did not lose sight of Coltman at all; when he came out we went round to the "Cock," and he went in there; he went in alone; when he came out two constables came and arrested him; there was a crowd there; I thought he was arrested for being drunk. I did not see Neill at all that day. I do not know Neill; I have seen him about here to-day. From the time that Coltman went into the "Jubilee" until he came out of the "Cock" I had not lost sight of him.</p>
<p>Cross-examined. I kept my eye on him because I was with him and had to get him home. I think Somerville was round the corner at the time and Coltman's wife also. I did not see Stevens there at all. I did not see a group of men surround Neill. There were a lot of people there. I know Stevens; he is not a friend of mine. I have known Coltman since we were at school together. I do not know Walsh. I am quite sure that Coltman went into the "Jubilee" alone.</p>
<p>(Thursday, July 20.)</p>
<hi rend="smallCaps">
<persName id="t19110717-name-217" type="witnessName">
<interp inst="t19110717-name-217" type="gender" value="male"/>
<interp inst="t19110717-name-217" type="surname" value="WALSH"/>
<interp inst="t19110717-name-217" type="given" value="WILLIAM"/>WILLIAM WALSH</persName> </hi> (prisoner, on oath). I am 19 years of age. On June 22 I was in the "Cock" public-house, at 6.55 p.m., when I heard</p>
<xptr type="pageFacsimile" doc="191107170047"/>
<p>row outside. I went outside and saw Coltman took up for being drunk; there seemed to be a fight between everybody. A man named Brown caught me by the collar. I was not in the "Jubilee" that night at all. I did not see Neill at all. I know none of the other prisoners.</p>
<p>Cross-examined. The "Cock" is about 150 yards away from the "Jubilee." I never go to the "Jubilee." I did not see Stevens on this night at all, nor did I see Roff. There were two people between me and Coltman when he was being arrested. I had nothing what
<lb/>ever to do with the assault and robbery on Neill or with the row which took place when Coltman was arrested. Barker, when arresting me, did not tell me that I would be charged with robbery; he said; I would get to know what the charge was when I got to the station. I did not kick him. All I said on the way to the station was, "Have you got me for hitting Brown?" I knew I had hit him, because he had got me by the collar and put his knee in my back. He assaulted me first; I did not know him before.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-218" type="witnessName">
<interp inst="t19110717-name-218" type="gender" value="male"/>
<interp inst="t19110717-name-218" type="surname" value="STEVENS"/>
<interp inst="t19110717-name-218" type="given" value="WILLIAM"/>WILLIAM STEVENS</persName> </hi> (prisoner, on oath). At 7 p.m. on this evening I was in the "Lord Palmerston," Hampstead Road, which it 10 minutes' walk from the "Jubilee." I did not go into the "Jubilee" with Coltman and I was not present when the robbery took place. I did not leave the "Lord Palmerston" until turning-out time. At 6.45 p.m. I met Coltman at the corner of Crowndale Road; I saw he had had a drop to drink, so I went on to the "Lord Palmerston."</p>
<p>Cross-examined. When arrested I did not say that I was in Sey
<lb/>mour Street, that I heard the whistles blown and ran away; I said I was in the "Lord Palmerston" and that I had had a fight in there with Wagstaff. I have not been out with Coltman for the last 18 months. I have used the "Jubilee," but not frequently; I have only been in the "Cock" twice.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-219" type="witnessName">
<interp inst="t19110717-name-219" type="gender" value="male"/>
<interp inst="t19110717-name-219" type="surname" value="POOLS"/>
<interp inst="t19110717-name-219" type="given" value="ROBERT"/>ROBERT POOLS</persName> </hi>, barman, "Lord Palmerston," Hampstead Road. Stevens is a regular customer. He was in the house between 9 and 10 p.m. on June 22; I remember it because he had a fight with a man at about 9 and they had to be put out. He is there nearly every night between 6.30 and 11 p.m. I have never found him the worse for drink.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-220" type="witnessName">
<interp inst="t19110717-name-220" type="gender" value="male"/>
<interp inst="t19110717-name-220" type="surname" value="WAGSTAFF"/>
<interp inst="t19110717-name-220" type="given" value="HARRY"/>HARRY WAGSTAFF</persName> </hi>. Between 9 and 10 p.m. on June 22 I saw Stevens in the "Lord Palmerston." We had a quarrel outside and we had a fight.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-221" type="witnessName">
<interp inst="t19110717-name-221" type="gender" value="male"/>
<interp inst="t19110717-name-221" type="surname" value="SMYTHE"/>
<interp inst="t19110717-name-221" type="given" value="CHARLES"/>CHARLES SMYTHE</persName> </hi>. On the night of June 22 I was in the "Lord Palmerston" between 7 and 10. I saw Stevens, whom I know in
<lb/>timately, there. He had a fight with Wagstaff, because Wagstaff, who was the worse for drink, insulted him; it started inside. Stevens was with me from 7 till 12.30 p.m.; we went together to different public-houses and then we returned to the "Lord Palmerston," when we left each other.</p>
<p>Cross-examined. I only occasionally meet Stevens at the "Lord Palmerston" in the evenings. I am a teetotaller. It was near 7 or soon after 7 when I met Stevens.</p>
<xptr type="pageFacsimile" doc="191107170048"/>
<p>Verdict, Coltman and Stevens,
<rs id="t19110717-42-verdict-1" type="verdictDescription">
<interp inst="t19110717-42-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19110717-42-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>; Walsh,
<rs id="t19110717-42-verdict-2" type="verdictDescription">
<interp inst="t19110717-42-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19110717-42-verdict-2" type="verdictSubcategory" value=""/>Not Guilty.</rs> </p>
<p>Walsh and Stevens were then indicted for the assault upon Reuben Roff.</p>
<persName id="t19110717-name-222" type="witnessName">
<interp inst="t19110717-name-222" type="gender" value="male"/>
<interp inst="t19110717-name-222" type="surname" value="ROFF"/>
<interp inst="t19110717-name-222" type="given" value="WILLIAM REUBEN"/>
<hi rend="smallCaps">WILLIAM REUBEN ROFF</hi> </persName>. repeated his evidence upon the previous indictment and added: When taking Stevens into custody Brown assisted me. Walsh attacked Brown and knocked him away from Stevens. He then struck me in the eye. I tried to get hold of him, but I could not. I was a week off duty because of the black eye. He was brought in about 30 minutes after by Police-constable Barker. I identified Stevens about a week afterwards.</p>
<p>Cross-examined by Stevens. I described you as wearing a green suit, There was a large crowd. Stevens was struggling very hard. It is quite possible that there were eight or nine people between me and the constables who were arresting Coltman.</p>
<p>Cross-examined by Stevens. I described you as wearing a green suit, a collar and a shirt similar to the one you have on now.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-223" type="witnessName">
<interp inst="t19110717-name-223" type="gender" value="male"/>
<interp inst="t19110717-name-223" type="surname" value="BROWN"/>
<interp inst="t19110717-name-223" type="given" value="THOMAS"/>THOMAS BROWN</persName> </hi>. I saw Coltman arrested by a police officer. Roff went and struggled with a man who was trying to prevent Coltman's arrest. I went to help him, and found Stevens struggling on the ground in Roff custody. Walsh came up and smashed me in the face, cracking two of my teeth. He also hit Roff and beat him off Stevens, who got away. Walsh also got away. I was at the station when Walsh was brought in by the police. On July 5 I identified Stevens.</p>
<p>To Mr. Hutchinson. I did not know Walsh before this. I know his sister. There is an action pending in the High Court, in which I am going to give evidence; this is the first I have heard that Walsh's sister is going to give evidence on the other side; it is over politics, and she is on the other side. It was a large crowd, and there was a good deal of fighting. I felt a kick in the back, but I do not know who it was that kicked me; it was impossible for any of the three prisoners to have done it. I did not run and catch hold of Walsh by the neck; I never had a chance to touch him.</p>
<p>Re-examined. I did not know at the time that Walsh was Miss Walsh's brother.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-224" type="witnessName">
<interp inst="t19110717-name-224" type="gender" value="male"/>
<interp inst="t19110717-name-224" type="surname" value="WHITHEAD"/>
<interp inst="t19110717-name-224" type="given" value="WILLIAM"/>WILLIAM WHITHEAD</persName>,
<persName id="t19110717-name-225" type="witnessName">
<interp inst="t19110717-name-225" type="gender" value="male"/>
<interp inst="t19110717-name-225" type="surname" value="COBBETT"/>
<interp inst="t19110717-name-225" type="given" value="GEORGE"/>GEORGE COBBETT</persName>,
<persName id="t19110717-name-226" type="witnessName">
<interp inst="t19110717-name-226" type="gender" value="male"/>
<interp inst="t19110717-name-226" type="surname" value="ADLETT"/>
<interp inst="t19110717-name-226" type="given" value="WILLIAM"/>WILLIAM ADLETT</persName> </hi>, and
<persName id="t19110717-name-227" type="witnessName">
<interp inst="t19110717-name-227" type="gender" value="male"/>
<interp inst="t19110717-name-227" type="surname" value="ROBERTS"/>
<interp inst="t19110717-name-227" type="given" value="JAMES"/>
<hi rend="smallCaps">JAMES ROBERTS</hi> </persName> gave similar evidence to that which they gave in the previous case.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-228" type="witnessName">
<interp inst="t19110717-name-228" type="gender" value="male"/>
<interp inst="t19110717-name-228" type="surname" value="STARKIE"/>
<interp inst="t19110717-name-228" type="given" value="RICHARD WILLIAM"/>DR. RICHARD WILLIAM STARKIE</persName> </hi>, divisional surgeon. I saw Brown at the police-station on June 22; his left cheek was swollen and in
<lb/>flamed, and his lips showed that he had had a severe blow in the mouth. On examining Roff I found his right eye was seriously inflamed and the pupil was hardly to be seen. Barker had an abraision on the left leg, but it was not serious.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-229" type="witnessName">
<interp inst="t19110717-name-229" type="gender" value="male"/>
<interp inst="t19110717-name-229" type="surname" value="WALSH"/>
<interp inst="t19110717-name-229" type="given" value="WILLIAM"/>WILLIAM WALSH</persName> </hi> (prisoner, on oath) gave similar evidence to that which he had given before.</p>
<xptr type="pageFacsimile" doc="191107170049"/>
<hi rend="smallCaps">
<persName id="t19110717-name-230" type="witnessName">
<interp inst="t19110717-name-230" type="gender" value="female"/>
<interp inst="t19110717-name-230" type="surname" value="WALSH"/>
<interp inst="t19110717-name-230" type="given" value="ELLEN"/>ELLEN WALSH</persName> </hi>. Prisoner is my brother. On June 22 I was looking out of the window at 64, Carlton Street, where I saw a crowd. I came down and saw a man being taken off for being drunk. I went a little way along when I saw Brown, whom I have known for the past three years, in a scrimmage. He caught hold of my brother by the back of the neck, and there was a souffle between them, and my brother struck him.</p>
<p>Cross-examined. I never saw Stevens there. My brother did not go to his assistance, and he never, hit anybody but Brown. I think Brown may have invented his evidence because he thought my brother was my young man.</p>
<hi rend="smallCaps">
<persName id="t19110717-name-231" type="witnessName">
<interp inst="t19110717-name-231" type="gender" value="male"/>
<interp inst="t19110717-name-231" type="surname" value="HULL"