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<div1 type="frontMatter" id="f19111010">
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<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions paper.</p>
<p>VEZEY-STRONG, MAYOR.</p>
<p>TWELFTH SESSION,</p>
<p>HELD OCT. 10TH, 1911, AND FOLLOWING DAYS.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORTHAND BY</p>
<p>
<persName id="t19111010-name-1">
<interp inst="t19111010-name-1" type="gender" value="male"/>
<interp inst="t19111010-name-1" type="surname" value="WALPOLE"/>
<interp inst="t19111010-name-1" type="given" value="GEORGE"/>GEORGE WALPOLE</persName> & CO.,</p>
<p>Shorthand ✗Writers to the Court.</p>
<p>POINTS OF LAW AND PRACTICE</p>
<p>EDITED BY</p>
<p>H. DELACOMBE ROOME, ESQUIRE</p>
<p>OF THE MIDDLE TIMPLE.</p>
<p>[Published by Annual Subscription.]</p>
<p>LONDON:</p>
<p>
<persName id="t19111010-name-2">
<interp inst="t19111010-name-2" type="gender" value="male"/>
<interp inst="t19111010-name-2" type="surname" value="WALPOLE"/>
<interp inst="t19111010-name-2" type="given" value="GEO"/>GEO. WALPOLE</persName> & CO., PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W.C.</p>
<xptr type="pageFacsimile" doc="191110100002"/>
<p>PRINTED BY</p>
<p>THE ARGUS PRINTING COMPANY, LIMITED</p>
<p>10, TEMPLE AVENUE, LONDONE.C.</p>
<xptr type="pageFacsimile" doc="191110100003"/>
<p>THE</p>
<p>WHOLE PROCEEDINGS</p>
<p>
<hi rend="italic">On the King's Commission of</hi> </p>
<p>OYER AND TERMINER AND GAOL DELIVERY</p>
<p>FOR</p>
<p>The City of London,</p>
<p>AND GAOL DELIVERY FOR THE</p>
<p>COUNTY OF MIDDLESEX AND THE PARTS OF OTHER COUNTIES WITHIN THE JURISDICTION</p>
<p>OF THE</p>
<p>CENTRAL CRIMINAL COURT,</p>
<p>
<hi rend="italic">Held on Tuesday, October</hi>10
<hi rend="italic">th</hi>, 1911,
<hi rend="italic">and following days</hi>.</p>
<p>Before the Right Hon. Sir
<hi rend="largeCaps">T. VEZEY - STRONG</hi>,
<hi rend="largeCaps">LORD MAYOR</hi>of the City of London; the Hon. Sir
<hi rend="smallCaps">THOS. EDWD. SCRUTTON</hi>, one of the Justices of His Majesty's High Court; Sir
<hi rend="smallCaps">
<persName id="t19111010-name-3" type="judiciaryName">
<interp inst="t19111010-name-3" type="gender" value="male"/>
<interp inst="t19111010-name-3" type="surname" value="WILKIN"/>
<interp inst="t19111010-name-3" type="given" value="WALTER"/>WALTER WILKIN</persName> </hi>, K.C.M.G.; Sir
<hi rend="smallCaps">
<persName id="t19111010-name-4" type="judiciaryName">
<interp inst="t19111010-name-4" type="gender" value="male"/>
<interp inst="t19111010-name-4" type="surname" value="SAMUEL"/>
<interp inst="t19111010-name-4" type="given" value="MARCUS"/>MARCUS SAMUEL</persName> </hi>, Bart.; Sir
<hi rend="smallCaps">WM</hi>.
<hi rend="smallCaps">PURDIE TRELOAR</hi>, Bart.; Sir
<hi rend="smallCaps">
<persName id="t19111010-name-5" type="judiciaryName">
<interp inst="t19111010-name-5" type="gender" value="male"/>
<interp inst="t19111010-name-5" type="surname" value="BURNETT"/>
<interp inst="t19111010-name-5" type="given" value="DAVID"/>DAVID BURNETT</persName> </hi>, Knight; Sir
<hi rend="smallCaps">HORATIO</hi>B.
<hi rend="smallCaps">MARSHALL</hi>, Knight, LL.D.; and
<hi rend="smallCaps">
<persName id="t19111010-name-6" type="judiciaryName">
<interp inst="t19111010-name-6" type="gender" value="male"/>
<interp inst="t19111010-name-6" type="surname" value="ROLL"/>
<interp inst="t19111010-name-6" type="given" value="JAMES"/>JAMBS 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</hi>BOGANQENT K.C., Common Serjeant of the said City; His Honour Judge
<hi rend="smallCaps">
<persName id="t19111010-name-7" type="judiciaryName">
<interp inst="t19111010-name-7" type="gender" value="male"/>
<interp inst="t19111010-name-7" type="surname" value="SMITH"/>
<interp inst="t19111010-name-7" 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>
<p>
<hi rend="smallCaps">CHARLES</hi>AUGUSTIN
<hi rend="smallCaps">HANSON</hi>, Esq., Alderman,</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-8" type="judiciaryName">
<interp inst="t19111010-name-8" type="gender" value="male"/>
<interp inst="t19111010-name-8" type="surname" value="BRIGGS"/>
<interp inst="t19111010-name-8" type="given" value="GEORGE"/>GEORGE BRIGGS</persName> </hi>, Esq.,</p>
<p>
<hi rend="italic">Sheriffs</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-9" type="judiciaryName">
<interp inst="t19111010-name-9" type="gender" value="male"/>
<interp inst="t19111010-name-9" type="surname" value="LANGTON"/>
<interp inst="t19111010-name-9" type="given" value="JOSEPH DAVID"/>JOSEPH DAVID LANGTON</persName> </hi>, Esq.,</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-10" type="judiciaryName">
<interp inst="t19111010-name-10" type="gender" value="male"/>
<interp inst="t19111010-name-10" type="surname" value="SAWBRIDGE"/>
<interp inst="t19111010-name-10" type="given" value="CHAS WALTON"/>CHAS. WALTON SAWBRIDGE</persName> </hi>, Esq.,</p>
<p>
<hi rend="italic">Under-Sheriffs</hi>.</p>
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<p>CENTRAL CRIMINAL COURT.</p>
<p>VEZEY-STRONG, MAYOR. TWELFTH SESSION.</p>
<p>BEFORE THE RECORDER.</p>
<p>(Tuesday, October 10.)</p>
<p>BUSINESS OF THE COURT.</p>
<p>
<hi rend="smallCaps">THE RECORDER</hi>, in the course of his charge to the Grand Jury, referred to four exceptionally heavy and important cases contained in the present Calendar and the long list of ordinary cases also included. He continued: The next Session is only a month from to-day, and I am afraid we shall not by that time have completed, or anything like completed, the business which is before us at tie present Session; in fact, in my opinion, the character of the business with which we have to deal is such that we shall be fortunate if we dispose of it all, together with the new cases in November and December, by the time of the usual adjournment at Christmas. I mention these matters because it has been suggested in some quarters that, in addition to all the important cases which we have to try here as the first Court of Assize in this country, we should take upon ourselves the burden of disposing at this Court of all the cases which are in ordinary circumstances tried at the County of London Sessions. In my opinion, any attempt to carry out such a proposition would lead to disastrous results; it would lead to confusion of business, and to the result of a very very large number of persons remaining in custody awaiting trial for a great length of time.</p>
<p>
<hi rend="largeCaps">PRESENTMENT OF THE GRAND JURY</hi>.</p>
<p>After the Grand Jury had concluded their duties the Foreman made the following presentment: In view of your Lordship's remarks in the course of your charge to us as to the existing congestion of business before this Court and the threatened further congestion, we wish to put it on record that in our opinion a considerable proportion of the cases which have come before us in the course of our present labours are such as should never have occupied the time of what your Lordship described as "the first Assize in the kingdom, indeed, in the world, " to say nothing of that of the Grand Jury. Without attempting to exhaust the list, the following are typical cases of those to which we refer: Goldstein, Charles Wilson, Darioli and others, Frank Stevens, J. W. Waite, Esther Bowen, F. C. Gibbard and other similar Post</p>
<xptr type="pageFacsimile" doc="191110100006"/>
<p>Office prosecutions, G. S. Boutell and other taxi-cab prosecutions D. P. Finnigan, Louis Cohen and similar counterfeit-coin prosecu
<lb/>tions, James Newman, Henry Wolard. In our opinion these and other similar ones are all cases which should either have been disposed of by the magistrates or committed to the Court which corresponds to Quarter Sessions in the Provinces. We are further of the opinion that, in view of the steady growth of the area for which this Court is the principal Assize, if the necessary machinery is not already in existence for giving effect to the above recommendation, it is highly desirable that legislation should be initiated without delay for the purpose of creating the same.</p>
<p>
<hi rend="smallCaps">THE RECORDER</hi>: I may say, gentlemen, as you are perhaps not aware of the fact, that all those cases which ordinarily would be tried at Quarter Sessions are sent for trial in this Court if they are committed within the City proper—that is to say, within the jurisdiction of the Corporation of London, because the Corporation of London try all their cases here instead of trying them at the Quarter Sessions which in other parts of the country are held. That is the reason why many of these small cases which you speak of are brought before the Grand Jury at every Sessions—that hag always been done.</p>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Tuesday, October 10.)</p> </div1>
<p>
<persName id="t19111010-name-11">
<interp inst="t19111010-name-11" type="gender" value="male"/>
<interp inst="t19111010-name-11" type="age" value="50"/>
<interp inst="t19111010-name-11" type="surname" value="HALLIFAX"/>
<interp inst="t19111010-name-11" type="given" value="SEPTIMUS"/>
<interp inst="t19111010-name-11" type="occupation" value="clerk"/>
<hi rend="largeCaps">HALLIFAX</hi>, Septimus (50, clerk)</persName>, who pleaded guilty last Session (see page 489) of stealing two valuable securities, to wit, bankers' cheques for ₤550 and ₤1, 700 respectively, the moneys of George Strachan Pawle and others, hit masters, was brought up for judgment.</p>
<p>Sentence, Eighteen months' hard labour.</p>
<p>
<persName id="t19111010-name-12">
<interp inst="t19111010-name-12" type="gender" value="male"/>
<interp inst="t19111010-name-12" type="age" value="19"/>
<interp inst="t19111010-name-12" type="surname" value="HARRISON"/>
<interp inst="t19111010-name-12" type="given" value="CECIL"/>
<interp inst="t19111010-name-12" type="occupation" value="printer"/>
<hi rend="largeCaps">HARRISON</hi>, Cecil (19, printer)</persName>, who pleaded guilty last Session (see page 489) of forgery, was brought up for judgment.</p>
<p>Prisoner was given an excellent character by his late employer, who stated he was willing to take him again into his service. Sentence was again postponed.</p>
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<interp inst="def1-3-19111010" type="given" value="FREDERICK CHARLES"/>
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<hi rend="largeCaps">GIBBARD</hi>, Frederick Charles (33, postman)</persName>
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<interp inst="t19111010-3-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111010-3-offence-1" type="offenceSubcategory" value="mail"/>, of steal
<lb/>ing a postal packet containing a postal order for 5s., the property of His Majesty's
<persName id="t19111010-name-14" type="victimName">
<interp inst="t19111010-name-14" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-3-offence-1 t19111010-name-14"/>Postmaster General</persName>, he being an officer of the Post Office.</rs> </p>
<p>Sentence,
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<interp inst="t19111010-3-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-3-punishment-1" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-3-19111010 t19111010-3-punishment-1"/>Nine months' hard labour</rs>.</p> </div1>
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<persName id="def1-4-19111010" type="defendantName">
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<interp inst="def1-4-19111010" type="given" value="ARTHUR WILLIAM"/>
<interp inst="def1-4-19111010" type="occupation" value="postman"/>
<hi rend="largeCaps">WALFORD</hi>, Arthur William (34, postman)</persName>
<rs id="t19111010-4-verdict-1" type="verdictDescription">
<interp inst="t19111010-4-verdict-1" type="verdictCategory" value="guilty"/>
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<rs id="t19111010-4-offence-1" type="offenceDescription">
<interp inst="t19111010-4-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111010-4-offence-1" type="offenceSubcategory" value="mail"/>, of steal
<lb/>ing a postal packet containing a pencil case and certain money and stamps, the property of His Majesty's
<persName id="t19111010-name-16" type="victimName">
<interp inst="t19111010-name-16" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-4-offence-1 t19111010-name-16"/>Postmaster-General</persName>, he being an officer of the Post Office.</rs> </p>
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<p>Prisoner confessed to having been convicted on August 15, 191.1, at Willesden Petty Sessions, receiving 15 months' hard labour for stealing copper wire. It was stated that he had obtained employment at the Post Office by falsely representing himself to be a man of good character.</p>
<p>Sentence,
<rs id="t19111010-4-punishment-2" type="punishmentDescription">
<interp inst="t19111010-4-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-4-punishment-2" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-19111010 t19111010-4-punishment-2"/>Twelve months' hard labour</rs>.</p> </div1>
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<interp inst="def1-5-19111010" type="age" value="24"/>
<interp inst="def1-5-19111010" type="surname" value="LESTER"/>
<interp inst="def1-5-19111010" type="given" value="JOHN"/>
<interp inst="def1-5-19111010" type="occupation" value="stoker"/>
<hi rend="largeCaps">LESTER</hi>, John (24, stoker)</persName>
<rs id="t19111010-5-verdict-1" type="verdictDescription">
<interp inst="t19111010-5-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-5-offence-1" type="offenceDescription">
<interp inst="t19111010-5-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111010-5-offence-1" type="offenceSubcategory" value="mail"/>, of attempting to steal certain postal packets, the property of His Majesty's
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<interp inst="t19111010-name-18" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-5-offence-1 t19111010-name-18"/>Postmaster-General</persName>.</rs> </p>
<p>Seven previous convictions were proved.</p>
<p>Sentence,
<rs id="t19111010-5-punishment-3" type="punishmentDescription">
<interp inst="t19111010-5-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-5-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-5-19111010 t19111010-5-punishment-3"/>Two years' hard labour</rs>.</p> </div1>
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<interp inst="def1-6-19111010" type="age" value="60"/>
<interp inst="def1-6-19111010" type="surname" value="STEVENS"/>
<interp inst="def1-6-19111010" type="given" value="FRANK"/>
<interp inst="def1-6-19111010" type="occupation" value="bricklayer"/>
<hi rend="largeCaps">STEVENS</hi>, Frank (60, bricklayer)</persName>
<rs id="t19111010-6-verdict-1" type="verdictDescription">
<interp inst="t19111010-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-6-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-6-offence-1" type="offenceDescription">
<interp inst="t19111010-6-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t19111010-6-offence-1" type="offenceSubcategory" value="other"/>, of maliciously damaging by night two plate-glass windows, value about ₤15, the pro
<lb/>perty of the
<persName id="t19111010-name-20" type="victimName">
<interp inst="t19111010-name-20" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-6-offence-1 t19111010-name-20"/>Imperial Tobacco Company of Great Britain and Ireland, Limited</persName>.</rs> </p>
<p>Prisoner was stated to have made no attempt to run away when arrested, and to have broken the windows because he was homeless.</p>
<p>Sentence,
<rs id="t19111010-6-punishment-4" type="punishmentDescription">
<interp inst="t19111010-6-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-6-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19111010 t19111010-6-punishment-4"/>Six months' hard labour</rs>.</p> </div1>
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<interp inst="t19111010-7" type="date" value="19111010"/>
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<persName id="def1-7-19111010" type="defendantName">
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<interp inst="def1-7-19111010" type="surname" value="HUNN"/>
<interp inst="def1-7-19111010" type="given" value="HENRY MARSHALL"/>
<interp inst="def1-7-19111010" type="occupation" value="sorter"/>
<hi rend="largeCaps">HUNN</hi>, Henry Marshall (35, sorter)</persName>
<rs id="t19111010-7-verdict-1" type="verdictDescription">
<interp inst="t19111010-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-7-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-7-offence-1" type="offenceDescription">
<interp inst="t19111010-7-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111010-7-offence-1" type="offenceSubcategory" value="mail"/>, of stealing a postal packet containing a banker's cheque for ₤10, and a postal packet containing two postal orders for 15s. each, in each case the property of His Majesty's
<persName id="t19111010-name-22" type="victimName">
<interp inst="t19111010-name-22" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-7-offence-1 t19111010-name-22"/>Postmaster-General</persName>, he being an officer of the Port Office.</rs> </p>
<p>Sentence,
<rs id="t19111010-7-punishment-5" type="punishmentDescription">
<interp inst="t19111010-7-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-7-punishment-5" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-19111010 t19111010-7-punishment-5"/>Nine months' hard labour</rs>.</p> </div1>
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<p>
<persName id="def1-8-19111010" type="defendantName">
<interp inst="def1-8-19111010" type="gender" value="male"/>
<interp inst="def1-8-19111010" type="age" value="41"/>
<interp inst="def1-8-19111010" type="surname" value="RILEY"/>
<interp inst="def1-8-19111010" type="given" value="WILLIAM"/>
<interp inst="def1-8-19111010" type="occupation" value="baker"/>
<hi rend="largeCaps">RILEY</hi>, William (41, baker)</persName>, and
<persName id="def2-8-19111010" type="defendantName">
<interp inst="def2-8-19111010" type="gender" value="male"/>
<interp inst="def2-8-19111010" type="age" value="25"/>
<interp inst="def2-8-19111010" type="surname" value="HUMPHRIES"/>
<interp inst="def2-8-19111010" type="given" value="HENRY JOHN"/>
<interp inst="def2-8-19111010" type="occupation" value="stoker"/>
<hi rend="largeCaps">HUMPHRIES</hi>, Henry John</persName> (25, stoker), both
<rs id="t19111010-8-verdict-1" type="verdictDescription">
<interp inst="t19111010-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-8-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-8-offence-1" type="offenceDescription">
<interp inst="t19111010-8-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111010-8-offence-1" type="offenceSubcategory" value="theftFromPlace"/>of breaking and entering the shop of
<persName id="t19111010-name-25" type="victimName">
<interp inst="t19111010-name-25" type="gender" value="male"/>
<interp inst="t19111010-name-25" type="surname" value="KAPLAN"/>
<interp inst="t19111010-name-25" type="given" value="BENJAMIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-8-offence-1 t19111010-name-25"/>Ben
<lb/>jamin Kaplan</persName> and stealing therein five boxes of cigars and a quantity of tobacco leaf, his goods.</rs> </p>
<p>Riley confessed to having been convicted at this Court on May 31, 1910, receiving 18 months' hard labour for shop breaking after three, previous convictions. Humphries confessed to having been convicted at South London Sessions on June 7, 1910, receiving 18 months' hard labour for shop-breaking after seven previous convictions. Both prisoners had only been out of prison three days when arrested. Sentences, Riley,
<rs id="t19111010-8-punishment-6" type="punishmentDescription">
<interp inst="t19111010-8-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-8-punishment-6" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19111010 t19111010-8-punishment-6"/>Three years' penal servitude</rs>; Humphries,
<rs id="t19111010-8-punishment-7" type="punishmentDescription">
<interp inst="t19111010-8-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-8-punishment-7" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-8-19111010 t19111010-8-punishment-7"/>Four years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-9">
<interp inst="t19111010-9" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-9" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-9-charge-1" targOrder="Y" targets="def1-9-19111010 t19111010-9-offence-1 t19111010-9-verdict-1"/>
<p>
<persName id="def1-9-19111010" type="defendantName">
<interp inst="def1-9-19111010" type="gender" value="male"/>
<interp inst="def1-9-19111010" type="age" value="52"/>
<interp inst="def1-9-19111010" type="surname" value="FINK"/>
<interp inst="def1-9-19111010" type="given" value="GEORGE HERBERT"/>
<interp inst="def1-9-19111010" type="occupation" value="doctor"/>
<hi rend="largeCaps">FINK</hi>, George Herbert (52, doctor)</persName>
<rs id="t19111010-9-offence-1" type="offenceDescription">
<interp inst="t19111010-9-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111010-9-offence-1" type="offenceSubcategory" value="forgery"/>, forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for ₤11, 000 3s. 10d., with intent to defraud.</rs> </p>
<p>Mr. Muir prosecuted; Mr. George Elliott, K.C., defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-27" type="witnessName">
<interp inst="t19111010-name-27" type="gender" value="male"/>
<interp inst="t19111010-name-27" type="surname" value="BAKER"/>
<interp inst="t19111010-name-27" type="given" value="PHILLIP BUCKINGHAM"/>PHILLIP BUCKINGHAM BAKER</persName> </hi>, manager, Delhi and London Bank. 5, Bishopsgate. Prisoner was formerly a surgeon-major in the Indian Medical Service; he has been for some years a customer at my bank. I am familiar with his handwriting. On September 7 I received registered letter containing cheque on National Discount Company, obviously altered from ₤11 3s. 10d. to ₤11, 000 3s. 10d., containing a direction on the envelope, "Send cash or cheque-book"; the altera
<lb/> </p>
<xptr type="pageFacsimile" doc="191110100008"/>
<p>tion, the direction, and the envelope are in prisoner's writing. In the ordinary course the cheque would have been paid into our bankers, but the alteration not having been initialled I sent it to the National Discount Company to have it verified. At that time prisoner's account with my bank was closed.</p>
<p>Cross-examined. I know prisoner has been much worried of late years. He could not have obtained money on a cheque altered like the present one.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-28" type="witnessName">
<interp inst="t19111010-name-28" type="gender" value="male"/>
<interp inst="t19111010-name-28" type="surname" value="PAYNE"/>
<interp inst="t19111010-name-28" type="given" value="ARTHUR"/>ARTHUR PAYNE</persName> </hi>, clerk to the National Discount Bank, Limited. The receipt produced was issued to prisoner when he deposited ₤600 with my bank on March 31, 1910; he drew upon that from time to time and on Saturday, August 12, 1911, he asked me about the balance, saying he wished to withdraw it. I told him there was ₤10 and ₤1 3s. 10d. interest, and handed him cheque produced for ₤11 3s. 10d., which has since been altered to ₤11, 000 3s. 10d. On Monday, August 14, prisoner came again and said he had mislaid the cheque.</p>
<p>Cross-examined. Receipt produced has an entry, apparently in prisoner's handwriting, making out that he had received ₤600, 000 from my bank; no such transaction ever took place.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-29" type="witnessName">
<interp inst="t19111010-name-29" type="gender" value="male"/>
<interp inst="t19111010-name-29" type="surname" value="GOLDSMITH"/>
<interp inst="t19111010-name-29" type="given" value="FRANCIS THOMAS"/>FRANCIS THOMAS GOLDSMITH</persName> </hi>, sub-manager, National Discount Bank, Limited. On September 7 at 4 p.m. prisoner told me on the telephone that he had hunted high and low for a cheque that we had given him and asked what steps should be taken; I told him to write to us; he seemed to acquiesce; we never received any letter.</p>
<p>Cross-examined. My firm knew his address.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-30" type="witnessName">
<interp inst="t19111010-name-30" type="gender" value="indeterminate"/>
<interp inst="t19111010-name-30" type="surname" value="TOOGOOD"/>
<interp inst="t19111010-name-30" type="given" value="CRISTINE"/>CRISTINE TOOGOOD</persName> </hi>, clerk at post office, 149, Regent Street. I issued the receipt (produced) for the letter (produced); when I took the letter in it was sealed with two more seals than it has on now. This sealing-wax on it is not such as is used by the Post Office.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-31" type="witnessName">
<interp inst="t19111010-name-31" type="gender" value="male"/>
<interp inst="t19111010-name-31" type="surname" value="MITCHELL"/>
<interp inst="t19111010-name-31" type="given" value="CHARLES AINSWORTH"/>CHARLES AINSWORTH MITCHELL</persName> </hi>, expert in the chemistry of ink. The endorsement on cheque produced is in the same ink as the body of the cheque.</p>
<p>Detective-inspector
<hi rend="smallCaps">JOHN COLLISSON</hi>. I arrested prisoner on a war
<lb/>rant on September 8 at 185, Abraham Road, telling him the charge; he said, "It is not true, it is a false charge; I sent a cheque to the manager of the Delhi Bank and it was for ₤11, 000; it was endorsed on the back." He said to his wife, "Take notice of what they are saying." I took him to Bishopsgate Police Station, where he was charged; he made no reply.</p>
<p>Cross-examined. When I arrested prisoner he was very excited but was quite sober. He did not seem to realise the gravity of the offence.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-32" type="witnessName">
<interp inst="t19111010-name-32" type="gender" value="male"/>
<interp inst="t19111010-name-32" type="surname" value="DYER"/>
<interp inst="t19111010-name-32" type="given" value="SIDNEY REGINALD"/>SIDNEY REGINALD DYER</persName> </hi>, Medical Officer at Brixton Prison. I have had prisoner under my observation since September 13; in my opinion he is insane and has been suffering from delusions for some years.</p>
<p>Dr.
<hi rend="smallCaps">MAURICE CRAIG</hi>, F.R.C.P., corroborated the last witness. Verdict,
<rs id="t19111010-9-verdict-1" type="verdictDescription">
<interp inst="t19111010-9-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-9-verdict-1" type="verdictSubcategory" value="insane"/>Guilty, but insane</rs>.</p>
<p>
<rs id="t19111010-9-punishment-8" type="punishmentDescription">
<interp inst="t19111010-9-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-9-punishment-8" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-19111010 t19111010-9-punishment-8"/>Ordered to be detained during His Majesty's pleasure</rs>.</p>
<xptr type="pageFacsimile" doc="191110100009"/>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE COMMON SERJEANT</hi>.</p>
<p>(Tuesday, October 10.)</p> </div1>
<div1 type="trialAccount" id="t19111010-10">
<interp inst="t19111010-10" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-10" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-10-charge-1" targOrder="Y" targets="def1-10-19111010 t19111010-10-offence-1 t19111010-10-verdict-1"/>
<p>
<persName id="def1-10-19111010" type="defendantName">
<interp inst="def1-10-19111010" type="gender" value="male"/>
<interp inst="def1-10-19111010" type="age" value="60"/>
<interp inst="def1-10-19111010" type="surname" value="HENDRIE"/>
<interp inst="def1-10-19111010" type="given" value="WILLIAM GRANT"/>
<interp inst="def1-10-19111010" type="occupation" value="chemist's assistant"/>
<hi rend="largeCaps">HENDRIE</hi>, William Grant (60, chemist's assistant)</persName>
<rs id="t19111010-10-offence-1" type="offenceDescription">
<interp inst="t19111010-10-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19111010-10-offence-1" type="offenceSubcategory" value="libel"/>, unlawfully writing and publishing and causing to be written and published, certain defamatory libels of and concerning
<persName id="t19111010-name-34" type="victimName">
<interp inst="t19111010-name-34" type="gender" value="male"/>
<interp inst="t19111010-name-34" type="surname" value="UPTON"/>
<interp inst="t19111010-name-34" type="given" value="ARCHER MOWBRAY"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-10-offence-1 t19111010-name-34"/>Archer Mowbray Upton</persName> and the
<persName id="t19111010-name-35" type="victimName">
<interp inst="t19111010-name-35" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-10-offence-1 t19111010-name-35"/>Society of Apothecaries</persName>.</rs> </p>
<p>Mr. J. P. Grain prosecuted; Mr. Purchase defended.</p>
<p>The case had been adjourned, on prisoner's application, from the last Session, in order that ho might file a plea of justification, the Recorder granting him legal aid to enable him to do so. Prisoner (through Mr. Purchase) now wished to withdraw his plea of not guilty and
<rs id="t19111010-10-verdict-1" type="verdictDescription">
<interp inst="t19111010-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-10-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>plead guilty</rs>.</p>
<p>Prisoner had been discharged in 1892 from the Society of Apothe
<lb/>caries, where he had been employed since 1878. He had been since then on three occasions bound over for publishing libels against that Society and its solicitor and clerk. Mr. Purchase stated that prisoner had now had an opportunity of realising the grave nature of the charges he had made, which had reference to the quality of the drugs supplied by the Society under Government contracts, and realising that they were without foundation wished to unreservedly withdraw them.</p>
<p>(October 14.)
<rs id="t19111010-10-punishment-9" type="punishmentDescription">
<interp inst="t19111010-10-punishment-9" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19111010-10-punishment-9" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-10-19111010 t19111010-10-punishment-9"/>Prisoner was released on his own recognisances in ₤50 to come up for judgment if called upon</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-11">
<interp inst="t19111010-11" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-11" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-11-charge-1" targOrder="Y" targets="def1-11-19111010 t19111010-11-offence-1 t19111010-11-verdict-1"/>
<p>
<persName id="def1-11-19111010" type="defendantName">
<interp inst="def1-11-19111010" type="gender" value="male"/>
<interp inst="def1-11-19111010" type="age" value="38"/>
<interp inst="def1-11-19111010" type="surname" value="MURPHY"/>
<interp inst="def1-11-19111010" type="given" value="CHARLES"/>
<interp inst="def1-11-19111010" type="occupation" value="dealer"/>
<hi rend="largeCaps">MURPHY</hi>, Charles (38, dealer)</persName>
<rs id="t19111010-11-verdict-1" type="verdictDescription">
<interp inst="t19111010-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-11-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-11-offence-1" type="offenceDescription">
<interp inst="t19111010-11-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19111010-11-offence-1" type="offenceSubcategory" value="coiningOffences"/>, of feloniously having in his custody and possession a mould on which was impressed the figure of the obverse side of a florin, knowingly and without lawful authority or excuse.</rs> </p>
<p>Prisoner's last conviction was in 1899 for possessing counterfeit coin, for which he was sentenced to four years' penal servitude. A conviction for a similar offence was proved in 1892. Since his release he had been earning an honest living as a sawdust dealer.</p>
<p>(October 11.)
<rs id="t19111010-11-punishment-10" type="punishmentDescription">
<interp inst="t19111010-11-punishment-10" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19111010-11-punishment-10" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-19111010 t19111010-11-punishment-10"/>Prisoner was released on his own recognisances in ₤50 and those of Henry Joseph Hazzard in ₤20 to come up for judg
<lb/>ment if called upon</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-12">
<interp inst="t19111010-12" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-12" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-12-charge-1" targOrder="Y" targets="def1-12-19111010 t19111010-12-offence-1 t19111010-12-verdict-1"/>
<p>
<persName id="def1-12-19111010" type="defendantName">
<interp inst="def1-12-19111010" type="gender" value="male"/>
<interp inst="def1-12-19111010" type="age" value="20"/>
<interp inst="def1-12-19111010" type="surname" value="COHEN"/>
<interp inst="def1-12-19111010" type="given" value="LOUIS"/>
<interp inst="def1-12-19111010" type="occupation" value="stickmaker"/>
<hi rend="largeCaps">COHEN</hi>, Louis (20, stickmaker)</persName>
<rs id="t19111010-12-verdict-1" type="verdictDescription">
<interp inst="t19111010-12-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-12-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-12-offence-1" type="offenceDescription">
<interp inst="t19111010-12-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19111010-12-offence-1" type="offenceSubcategory" value="coiningOffences"/>, of unlawfully utter
<lb/>ing counterfeit coin twice on the same day.</rs> </p>
<p>
<rs id="t19111010-12-punishment-11" type="punishmentDescription">
<interp inst="t19111010-12-punishment-11" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19111010-12-punishment-11" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-12-19111010 t19111010-12-punishment-11"/>Prisoner, who had not been previously convicted and had of late associated with bad company but previously had a good character, was released on his own recognisances in ₤20 to come up for judgment if called upon</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-13">
<interp inst="t19111010-13" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-13" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-13-charge-1" targOrder="Y" targets="def1-13-19111010 t19111010-13-offence-1 t19111010-13-verdict-1"/>
<join result="criminalCharge" id="t19111010-13-charge-2" targOrder="Y" targets="def2-13-19111010 t19111010-13-offence-1 t19111010-13-verdict-1"/>
<p>
<persName id="def1-13-19111010" type="defendantName">
<interp inst="def1-13-19111010" type="gender" value="male"/>
<interp inst="def1-13-19111010" type="age" value="35"/>
<interp inst="def1-13-19111010" type="surname" value="HAMMOND"/>
<interp inst="def1-13-19111010" type="given" value="HENRY"/>
<interp inst="def1-13-19111010" type="occupation" value="labourer"/>
<hi rend="largeCaps">HAMMOND</hi>, Henry, (35, labourer)</persName>, and
<persName id="def2-13-19111010" type="defendantName">
<interp inst="def2-13-19111010" type="gender" value="male"/>
<interp inst="def2-13-19111010" type="age" value="24"/>
<interp inst="def2-13-19111010" type="surname" value="CLAYTON"/>
<interp inst="def2-13-19111010" type="given" value="GEORGE"/>
<interp inst="def2-13-19111010" type="occupation" value="bootmaker"/>
<hi rend="largeCaps">CLAYTON</hi>, George (24, bootmaker)</persName>
<rs id="t19111010-13-offence-1" type="offenceDescription">
<interp inst="t19111010-13-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19111010-13-offence-1" type="offenceSubcategory" value="coiningOffences"/>, both unlawfully uttering counterfeit coin twice on the same day; both unlawfully possessing counterfeit coin with intent to utter the same.</rs> </p>
<p>Clayton pleaded guilty.</p>
<p>Mr. Beaumont Morice prosecuted.</p>
<xptr type="pageFacsimile" doc="191110100010"/>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-40" type="witnessName">
<interp inst="t19111010-name-40" type="gender" value="female"/>
<interp inst="t19111010-name-40" type="surname" value="LEAH"/>
<interp inst="t19111010-name-40" type="given" value="MAUD"/>MAUD LEAH</persName> </hi>, assistant, Charles Joseph Bouchard, tobacconist, 150, Goldsmith Row, Shoreditch. About 3.30 p.m. on September 27 Clayton came and asked for a packet of "Woodbine" cigarettes. He tendered this shilling (produced), which I bent. I said I could not take it and returned it to him. He walked out. A few minutes later on going to the door I saw he was sitting on the pavement with Hammond.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-41" type="witnessName">
<interp inst="t19111010-name-41" type="gender" value="female"/>
<interp inst="t19111010-name-41" type="surname" value="JONES"/>
<interp inst="t19111010-name-41" type="given" value="WINIFRED BODWIN"/>WINIFRED BODWIN JONES</persName> </hi>, wife of William Jones, 147, Goldsmith Row. About 3.45 p.m. on September 27, Clayton came in and asked for a pound of lump sugar, price 3d. He tendered this shilling (pro
<lb/>duced), which I tested with acid; it turned black. I returned it to him and he rubbed the acid off, saying, "Oh God, I'm sorry." He walked out. I saw him later come out of Bouchard's shop and join Hammond; they sat down outside my shop. My husband gave in
<lb/>formation to the police.</p>
<p>Police-constable
<hi rend="smallCaps">ARTHUR BLOOMFIELD</hi>, 664 J. About 4 p.m. on September 27 Jones pointed out prisoners to me; they were going in the direction of Hackney Road. I stopped them and said, "I have just been told you have uttered a counterfeit coin at a shop and you must come back with me." Hammond said, "All right. We will come back. We are not afraid of anything." Clayton said, "I know nothing about it." I took them to 150, Goldsmith Row, where Leah identified Clayton. Mrs. Jones identified him at No. 147. I said to them, "I shall take you into custody for uttering counterfeit coin." Hammond put his hand in his right-hand trousers pocket and withdrew something which he attempted to throw away. I caught hold of his hand and took these three counterfeit shillings (produced) from it." He said, "This is what you want—bad money." I took them to the station. In the charge room Hammond said to Clayton, "You don't know me—you have never seen me before." When charged they made no reply. 51/2d. in bronze was found on Hammond.</p>
<p>Police-constable
<hi rend="smallCaps">HENRY BULLOCK</hi>, 208 J., corroborated.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-42" type="witnessName">
<interp inst="t19111010-name-42" type="gender" value="male"/>
<interp inst="t19111010-name-42" type="surname" value="SMITH"/>
<interp inst="t19111010-name-42" type="given" value="SIDNEY WILLIAM"/>SIDNEY WILLIAM SMITH</persName> </hi>, assistant assayer, H.M. Mint. These three shillings (produced) are counterfeit; they are not well made.</p>
<p>Hammond's statement before the Magistrate; "I am innocent. That man is a stranger to me; I have never seen the man before in my life."</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-43" type="witnessName">
<interp inst="t19111010-name-43" type="gender" value="male"/>
<interp inst="t19111010-name-43" type="surname" value="HAMMOND"/>
<interp inst="t19111010-name-43" type="given" value="HENRY"/>HENRY HAMMOND</persName> </hi>(prisoner, on oath). On this day I was trying to find a job as dock labourer in Thames Street when a man offered me a job pushing a barrow. I shoved it as far as Goldsmith Row, when he gave me 6d. I saw Clayton pick something up. I caught him up and he showed me three coins which he said he had picked up. He put them in my hand. I said I did not think they were good. He took one from me and said he would go and see. He went into a shop. He came back and said it was bad. I was going to give them back to him when the constable came up and said something to him about bad money. He took us to a shop. I was going to give him the three coins which I had put in my pocket; I did not attempt to throw them</p>
<xptr type="pageFacsimile" doc="191110100011"/>
<p>away. I did not say to Clayton, "You don't know me"; I said all along that he was a stranger to me.</p>
<p>Gross-examined. I cannot say if he went into more than one shop. He asked me to hold two while he went to see if the third one was bad. If they had been good I should have got a few half-pence out of it. I did not tell the constable that I had got them from Clayton because I thought it was of no use. I have never done such a thing as this.</p>
<p>Verdict,
<rs id="t19111010-13-verdict-1" type="verdictDescription">
<interp inst="t19111010-13-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-13-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty. The jury stated that there appeared to be some mitigating circumstances and that it appeared to be an accident of chance that the prisoners were brought together on this occasion</rs>.</p>
<p>Against Clayton five previous convictions (none for coinage offences), dating from 1903, were proved. Against Hammond no previous con
<lb/>victions were proved; it was stated that he did occasional work as a dock labourer.</p>
<p>Sentences, Clayton,
<rs id="t19111010-13-punishment-12" type="punishmentDescription">
<interp inst="t19111010-13-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-13-punishment-12" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-13-19111010 t19111010-13-punishment-12"/>Twelve months' hard labour</rs>; Hammond,
<rs id="t19111010-13-punishment-13" type="punishmentDescription">
<interp inst="t19111010-13-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-13-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-13-19111010 t19111010-13-punishment-13"/>Three months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-14">
<interp inst="t19111010-14" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-14" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-14-charge-1" targOrder="Y" targets="def1-14-19111010 t19111010-14-offence-1 t19111010-14-verdict-1"/>
<p>
<persName id="def1-14-19111010" type="defendantName">
<interp inst="def1-14-19111010" type="gender" value="male"/>
<interp inst="def1-14-19111010" type="surname" value="FACKLER"/>
<interp inst="def1-14-19111010" type="given" value="ALBERT AUGUSTUS"/>
<hi rend="largeCaps">FACKLER</hi>, Albert Augustus</persName>
<rs id="t19111010-14-verdict-1" type="verdictDescription">
<interp inst="t19111010-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-14-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-14-offence-1" type="offenceDescription">
<interp inst="t19111010-14-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111010-14-offence-1" type="offenceSubcategory" value="fraud"/>, to, on
<rs id="t19111010-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19111010-14-offence-1 t19111010-cd-1"/>August 2</rs>, attempting to obtain by false pretences from
<persName id="t19111010-name-45" type="victimName">
<interp inst="t19111010-name-45" type="gender" value="male"/>
<interp inst="t19111010-name-45" type="surname" value="ALBEIT"/>
<interp inst="t19111010-name-45" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-14-offence-1 t19111010-name-45"/>George Albeit</persName> ₤32 9s. 9d. with intent to defraud, and on
<rs id="t19111010-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19111010-14-offence-1 t19111010-cd-2"/>August 11</rs> attempting to obtain from the same person ₤11 19s. 8d.</rs> </p>
<p>These sums were endeavoured to be obtained from the prosecutor, who was a bookmaker, by means of manipulating letters containing bets so that the post-marks on the envelopes should bear a time pre
<lb/>vious to the time when the race was run. Evidence was called on hit behalf as to his character.</p>
<p>
<rs id="t19111010-14-punishment-14" type="punishmentDescription">
<interp inst="t19111010-14-punishment-14" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19111010-14-punishment-14" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-19111010 t19111010-14-punishment-14"/>Prisoner was released on his own recognisances in ₤20 to come up for judgment if called upon. Mr. Charles Daniel (tailor, 30, Basing hall Street) undertook to take him back into his employ and to report to the Court in the first week in December as to his conduct</rs>.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE RENTOUL</hi>.</p>
<p>(Tuesday, October 10.)</p> </div1>
<div1 type="trialAccount" id="t19111010-15">
<interp inst="t19111010-15" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-15" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-15-charge-1" targOrder="Y" targets="def1-15-19111010 t19111010-15-offence-1 t19111010-15-verdict-1"/>
<join result="criminalCharge" id="t19111010-15-charge-2" targOrder="Y" targets="def2-15-19111010 t19111010-15-offence-1 t19111010-15-verdict-1"/>
<join result="criminalCharge" id="t19111010-15-charge-3" targOrder="Y" targets="def3-15-19111010 t19111010-15-offence-1 t19111010-15-verdict-1"/>
<p>
<persName id="def1-15-19111010" type="defendantName">
<interp inst="def1-15-19111010" type="gender" value="male"/>
<interp inst="def1-15-19111010" type="age" value="32"/>
<interp inst="def1-15-19111010" type="surname" value="WERTIIEIMER"/>
<interp inst="def1-15-19111010" type="given" value="CHARLES HERMANN"/>
<interp inst="def1-15-19111010" type="occupation" value="manager"/>
<hi rend="largeCaps">WERTHEIMER</hi>, Charles Hermann (32, manager)</persName>,
<persName id="def2-15-19111010" type="defendantName">
<interp inst="def2-15-19111010" type="gender" value="male"/>
<interp inst="def2-15-19111010" type="age" value="22"/>
<interp inst="def2-15-19111010" type="surname" value="GEER"/>
<interp inst="def2-15-19111010" type="given" value="WALTER"/>
<interp inst="def2-15-19111010" type="occupation" value="salesman"/>
<hi rend="largeCaps">GEER</hi>, Walter (22, salesman)</persName>, and
<persName id="def3-15-19111010" type="defendantName">
<interp inst="def3-15-19111010" type="gender" value="male"/>
<interp inst="def3-15-19111010" type="age" value="45"/>
<interp inst="def3-15-19111010" type="surname" value="TAYLOR"/>
<interp inst="def3-15-19111010" type="given" value="JOHN"/>
<interp inst="def3-15-19111010" type="occupation" value="salesman"/>
<hi rend="largeCaps">TAYLOR</hi>, John (45, salesman)</persName>
<rs id="t19111010-15-offence-1" type="offenceDescription">
<interp inst="t19111010-15-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111010-15-offence-1" type="offenceSubcategory" value="fraud"/>, all conspiring together and with others unknown to obtain by false pretences from such of the liege subjects of our Lord the King as should thereafter be induced to send second-hand motor-cars to
<persName id="t19111010-name-49" type="victimName">
<interp inst="t19111010-name-49" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-15-offence-1 t19111010-name-49"/>Clement Gardner and Company, Limited</persName>, and the
<persName id="t19111010-name-50" type="victimName">
<interp inst="t19111010-name-50" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-15-offence-1 t19111010-name-50"/>Marylebone Motor Mart</persName> for sale divert motor-cars and divers of their moneys, goods and chattels and to de
<lb/>fraud them thereof and conspiring together and with others unknown to obtain and obtaining by false pretences from
<persName id="t19111010-name-51" type="victimName">
<interp inst="t19111010-name-51" type="gender" value="male"/>
<interp inst="t19111010-name-51" type="surname" value="CARDEN"/>
<interp inst="t19111010-name-51" type="given" value="HERBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-15-offence-1 t19111010-name-51"/>Herbert Carden</persName> a motor-car, from
<persName id="t19111010-name-52" type="victimName">
<interp inst="t19111010-name-52" type="gender" value="male"/>
<interp inst="t19111010-name-52" type="surname" value="BURNAND"/>
<interp inst="t19111010-name-52" type="given" value="HERBERT EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-15-offence-1 t19111010-name-52"/>Herbert Edward Burnand</persName> a motor-car, from
<persName id="t19111010-name-53" type="victimName">
<interp inst="t19111010-name-53" type="gender" value="male"/>
<interp inst="t19111010-name-53" type="surname" value="CRIGHTON"/>
<interp inst="t19111010-name-53" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-15-offence-1 t19111010-name-53"/>William Crighton</persName> a motor-car, from
<persName id="t19111010-name-54" type="victimName">
<interp inst="t19111010-name-54" type="gender" value="male"/>
<interp inst="t19111010-name-54" type="surname" value="EADSFORTH"/>
<interp inst="t19111010-name-54" type="given" value="ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-15-offence-1 t19111010-name-54"/>Arthur Eadsforth</persName> a motor-car, from Gordon Openshaw Ramsbottom a motor-car, from
<persName id="t19111010-name-55" type="victimName">
<interp inst="t19111010-name-55" type="gender" value="male"/>
<interp inst="t19111010-name-55" type="surname" value="STRETTON"/>
<interp inst="t19111010-name-55" type="given" value="JOHN LIONEL"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-15-offence-1 t19111010-name-55"/>John Lionel Stretton</persName> and another a motor-car, and from
<persName id="t19111010-name-56" type="victimName">
<interp inst="t19111010-name-56" type="gender" value="male"/>
<interp inst="t19111010-name-56" type="surname" value="BAILEY"/>
<interp inst="t19111010-name-56" type="given" value="EDWARD MILLEAR"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-15-offence-1 t19111010-name-56"/>Edward Millear Bailey</persName> a motor-car, in each case with intent to defraud.</rs> </p>
<xptr type="pageFacsimile" doc="191110100012"/>
<p>Mr. Muir and Mr. Travers Humphreys prosecuted; Mr. G. M. Hil
<lb/>bery defended Wertheimer; Mr. Roome defended Geer; Mr. Eustace Fulton defended Taylor.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-57" type="witnessName">
<interp inst="t19111010-name-57" type="gender" value="male"/>
<interp inst="t19111010-name-57" type="surname" value="MEACHAM"/>
<interp inst="t19111010-name-57" type="given" value="FRANCIS"/>FRANCIS MEACHAM</persName> </hi>, Office of Registrar of Joint Stock Companies. I produce the file of Clement Gardner and Company. It was presented for filing on April 21, 1910. The nominal capital of the company was ₤1, 000 in ₤1 shares. Clement Gardner and Joseph Fletcher subscribed for one share each. There is nothing to show that any other capital was paid up. A return was made dated July 6, 1910, showing that Wertheimer was appointed a new director; that is signed by Geer as secretary. On September, 8, 1910, particulars of a mortgage were regis
<lb/>tered. The mortgagee is Rudolph Wertheimer; the amount of ₤525 is secured on all the property present and future, including the un
<lb/>called capital. That is signed by Walter Geer, secretary. On March 28, 1911, a compulsory winding-up order was made. I also produce the file of the Marylebone Motor Mart, Limited. It was pre
<lb/>sented for filing by W. Geer, 78, Marylebone Road. He is not described as secretary. A declaration was made by John Taylor at 248, Great Portland Street, as a director, before H. Grosvenor Taun
<lb/>ton, a commissioner for oaths.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-58" type="witnessName">
<interp inst="t19111010-name-58" type="gender" value="male"/>
<interp inst="t19111010-name-58" type="surname" value="STRETTON"/>
<interp inst="t19111010-name-58" type="given" value="JOHN WESTON"/>JOHN WESTON STRETTON</persName> </hi>, 16, Compton Road, Canonbury, N. Last March my father, who lives at 27, Church Street, Kidderminster, advertised for sale a Clement-Talbot car. He sent me some corre
<lb/>spondence he had had with the Marylebone Motor Mart. I saw Geer at 78, High Street, Marylebone; he was pointed out to me as the manager. I told him my father had written to me, and asked him if he could sell the car and what price he would be able to get for it. Ha said he thought a fair price would be ₤125. I said I would write my father; he said he would also write that they were willing to give ₤125 after the car was sold. There was something said about sending the car up to London. He said they had a customer and would try and persuade him to pay the carriage up to London so that he might see it, and if it was not sold in a few days it would be returned and the carriage paid to Kidderminster. My father afterwards wrote me en- closing their letter. The car was sent to them. I saw Taylor after
<lb/>wards. He said they had taken the car out for a run and as far as he could see it was in good condition and they hoped to make a deal of it. I saw him again a few days later. He said the client was indisposed but ho hoped they would soon be able to complete the deal and give me a cheque for ₤125. As I was leaving he asked if it was possible to take anything less. I said we were not particular to a ₤5 note. We arranged another meeting when I understood I should receive a cheque for the stated amount, and I think the time fixed for the meeting was 9 p.m., Saturday, April 8. Taylor did not tell me the car had been sold a week before. I called on April 8, but saw nobody; the place was shut up; I rang the bell but got no answer. I went to Kidder
<lb/>minster the following Sunday and stayed about a week. On April 10 they wrote making an offer, which was refused. We telegraphed them to return the car. They then wired asking our lowest figure; we replied ₤120. About April 25 I called at High Street. I did not see</p>
<xptr type="pageFacsimile" doc="191110100013"/>
<p>Taylor or Geer; other people were there. I have since seen the car at a garage in Oxford Street. This was after the police had the matter in hand. I never saw Wertheimer. Taylor described himself to me as the director of the business. Geer did not describe himself; he was pointed out to me as the manager.</p>
<p>Cross-examined by Mr. Fulton. The effect of what Geer said was that he hoped to be able to find a customer. I think I asked Taylor if he had anything to do with the business and he told me he was one of the directors. I did not know whether it was called a company or not. I told him what I had come about and we discussed about the car. They had written my father that the engine of the car was not as valuable as they thought, but Taylor said it was quite all right. Lacked him if he thought they were likely to sell it; he said he thought they would be able to. It was after that conversation I arranged to call again, when I asked him if they had sold the car. He said no, they hoped to sell it shortly. I said I would call next day. He said could I give them till Saturday. I said it was very inconvenient to me, but 1 arranged to call on Saturday, I think it was at 9 p.m.</p>
<p>Cross-examined by Mr. Roome. I only saw Geer once; that was the first time I went to the Marylebone Mart. He said he thought he could find a customer.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-59" type="witnessName">
<interp inst="t19111010-name-59" type="gender" value="male"/>
<interp inst="t19111010-name-59" type="surname" value="STRETTON"/>
<interp inst="t19111010-name-59" type="given" value="LIONEL"/>LIONEL STRETTON</persName> </hi>, M.D., practising at Kidderminster. In March last I advertised a 12—16 h.p. Clement-Talbot motor-car for sale. I received a reply from the Marylebone Motor Mart. I afterwards had other correspondence which I sent up to my son. About April 9 my son came down to stay with me. I received letters from the Marylebone Motor Mart while he was there. I left the matter with my son to see them. He acted on my behalf. I have not had my car back or seen it since.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-60" type="witnessName">
<interp inst="t19111010-name-60" type="gender" value="male"/>
<interp inst="t19111010-name-60" type="surname" value="TAYLOR"/>
<interp inst="t19111010-name-60" type="given" value="GEORGE"/>GEORGE TAYLOR</persName> </hi>, 151, Oxford Street, W. I trade as the City Car Exchange. I have known Wertheimer for some years. I bought from him a Clement-Talbot 12—16 h.p. car on April 1 this year. He asked me if I would buy such a car. I said yes, and we agreed the price at ₤75. I think he asked ₤100. I paid him a cheque for ₤50 on April 1. This is the cheque, endorsed "W. Geer, manager." At this time Wert
<lb/>heimer was owing me money. I afterwards gave him two cheques further on account of the price of the car for ₤10 and ₤5. They were made payable to Hermann Bros., which was the name Wertheimer was going under. About a fortnight after I got the car they asked me to let them have it back as they had a likely customer. They sent the car back. I do not know where it is now. I have sold it since, to a New Zealand gentleman, I cannot think of the name, for ₤100. Mr. Stretton came to see the car. I explained everything to him. He was satisfied. I wrote to Mr. Stretton; I got no answer, and sold the car. He told me he would not sell the oar for less than ₤120 and wired to that effect. He came and saw it at my place and I told him I had bought it for ₤75. I offered it to him for ₤90. I did not know it was his at the time. He did not say he had parted with it to a dealer and had not been paid for it. I advertised it and he came up to see it. The receipt for ₤65 is in Wertheimer's writing. It was written in my office.</p>
<xptr type="pageFacsimile" doc="191110100014"/>
<p>Cross-examined by Mr. Hilbery. I have done a fair amount of business with Wertheimer in the past. I bought this car for ₤75. I entrusted it to them to sell again for me without hesitation. I thought I could trust them. Prior to April 1 he offered me the car for ₤100, it might have been a little more. Geer brought the car in but Wertheimer only came to the office. The receipt with the words "Official receipt to follow" was not signed by Wertheimer after Geer had gone with the cheque because it was getting close to banking hours. The receipt was not on their form as I wanted it. I do not think Geer or Taylor have done any work for me since this case has been on. I am sure they have not. Neither of them has been employed by me. Miss Holmes is in my employment now. She has been with me about five weeks.</p>
<p>Cross-examined by Mr. Roome. Geer had nothing to do with the sale of the car. I did not see him often at the Marylebone Motor Mart. I do not know what his position was there. I sometimes lent money on cars to Wertheimer—bought them on the condition that he would have them back at the same price.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-61" type="witnessName">
<interp inst="t19111010-name-61" type="gender" value="male"/>
<interp inst="t19111010-name-61" type="surname" value="CARDEN"/>
<interp inst="t19111010-name-61" type="given" value="HERBERT"/>HERBERT CARDEN</persName> </hi>, solicitor, 30, Old Steyne, Brighton. In November last I advertised a 60-h.p. de Dietrich car for sale. In reply to that I received a letter dated September 23 from Clement Gardner and Com
<lb/>pany, Limited. I received another letter of October 6. I wrote on October 8 to say I should bring the car up on Monday or Tuesday. I took it up myself and left it there for sale. I called there several times. I only saw the car on one occasion; I think that was November. I wrote and received a large number of letters. They did not inform me in their letter of March 14 that they had that very day sold the car for ₤50. I continued to press for the return of my car. I told them I wanted ₤400 for it. In course of conversation I said if they would submit me an offer of ₤250 I might take it. The bigger the car the more trouble to sell on account of the license. I never intimated that I would take ₤150. In reply to their letter of April 26 I went and saw Mr. Grosvenor Taunton. I got no money from him or anybody else for my car. I afterwards saw the car at Humphreys and Sawyer's, 315, Euston Road. It had then been stripped of all accessories. I went on several occasions to High Street between the time I sent my car and getting the letter referring me to Mr. Grosvenor Taunton. I generally saw Geer, but I saw Taylor once or twice. I do not think either of them described their positions. I did not get any information about my car. There was always some excuse—it had gone to the coachbuilders or was out on a trial run. I was not told the car had been sold on March 14.</p>
<p>Cross-examined by Mr. Hilbery. My Advertisement was answered by Clement Gardner and Company, Limited. I took the car to them at 78, High Street, Marylebone. I cannot say who received it; it was not Wertheimer. I do not think I ever saw him. They informed me that Mr. Montague, a customer, had a trial run; that was November or December. I introduced him to them; I said to him, "The car is up there, go and look at it." I never saw him again.</p>
<xptr type="pageFacsimile" doc="191110100015"/>
<p>Cross-examined by Mr. Fulton. I do not know that Taylor was never in Clement Gardner Company's employ. I have no knowledge that on March 14 he was not in the employ of the Marylebone Motor Mart. I do not know whether the initials on this letter handed to me are his.</p>
<p>Cross-examined by Mr. Roome. I went to the Marylebone Motor Mart after March 27. The last time, I think, was April 11. I went to Mr. Taunton's after that, I think. I have a note from them dated April 11 saying, " In reference to your call this afternoon, " After April 11 I did not see Geer at the Marylebone Motor Mart; I saw him at Taunton's. I remember Geer telling me the car was at the coach
<lb/>builders having a new panel put in. He said on another occasion one of his principals had got the car out on a trial run with somebody. I know the distinction between a pledge and a sale. If a car was pledged with an option of redemption it would not be sold out and out. I was told by Geer it was pledged. He did not tell me he was trying to sell it. One of their letters spoke about being in communication with a firm in the north—they had an offer of ₤220 from Mr. Reynolds of Birmingham. I made no enquiries about that.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-62" type="witnessName">
<interp inst="t19111010-name-62" type="gender" value="male"/>
<interp inst="t19111010-name-62" type="surname" value="SAWYER"/>
<interp inst="t19111010-name-62" type="given" value="RICHARD THOMAS"/>RICHARD THOMAS SAWYER</persName> </hi>, partner in Humphreys and Sawyer, 315, Euston Road. I know all the defendants. I think I have known Wertheimer longest. In March Wertheimer offered me a de Dietrich car, but what day we bought the car I could not say without referring. It was a 60—70 h.p. The price he was asking was round about ₤200. I refused to pay anything like it, but I do not know the date of that. I told him it was worth about ₤50. He laid he could not accept it. I saw him two or three days afterwards. I bought the car on March 16. It was three or four days before that when he first spoke to me. I gave him ₤50 by cheque and he gave me this receipt signed " C. H. Wert
<lb/>heimer, Manager." He had the option of buying it back for ₤55 within two weeks. The option was renewed for a fortnight, which would expire on April 19. The oar became my property. Later on Mr. Carden came and saw the car at our place. When I bought it it had no accessories. We did not put a new panel in it. There was a dent in it when we got it, the same as now. There is a question now whether it is Mr. Carden's property.</p>
<p>Cross-examined by Mr. Hilbery. When Wertheimer first offered me the car he asked about ₤250. I laughed at him. It was an abso
<lb/>lutely ridiculous price for the time of year. It was an absurd price on account of the tax; the tax had come in that year. That would make all the difference between ₤250 and ₤50. The tax would be between ₤40 and ₤50 a year. The only thing you can do with them is to ship them abroad. I have known Taylor for some few years, but I have only teen Geer At the Marylebone Motor Mart. There would be nothing unusual in a dealer having a loan on a car with an option to repurchase. I should not regard that as a matter outside ordinary business. He tried to renew the option by paying ₤5. You have the cheque there, I believe; I could not say for certain it was paid by cheque.</p>
<p>Cross-examined by Mr. Fulton. Taylor was not connected with this transaction.</p>
<xptr type="pageFacsimile" doc="191110100016"/>
<p>Cross-examined by Mr. Roome. I did not see Geer in this matter at all; it was transacted with Wertheimer himself throughout. I knew Wertheimer years ago when he was a traveller. He was manager of Clement Gardner, Limited, I believe. I understood him to be manager of the Marylebone Motor Mart. The receipt is signed by Wertheimer as manager. I saw him write it. I have known Geer for about six months. I did not know him when he was with Clement Gardner.</p>
<p>(Wednesday, October 11.)</p>
<p>Mr. Hilbery stated that the prisoner Wertheimer had withdrawn his instructions from solicitor and counsel and from this point was defend
<lb/>ing himself.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-63" type="witnessName">
<interp inst="t19111010-name-63" type="gender" value="male"/>
<interp inst="t19111010-name-63" type="surname" value="BURNAND"/>
<interp inst="t19111010-name-63" type="given" value="HERBERT EDWARD"/>HERBERT EDWARD BURNAND</persName> </hi>, 16, Southbourne Grove, Bournemouth. I advertised for sale a 14-18 h.p. Spyker landaulette in "The Motor." I received a reply from Clement Gardner and Company on December 6, "If you will let us have the Spyker car for a week we will try and get you ₤150 net. If we are unable to do so we will pay car
<lb/>riage both ways on the car." I sent the car on January 5 or 6 to the Marylebone Motor Mart. On January 4, 1911, I received Exhibit 86 saying, "Your letter of the 2nd addressed to Clement Gardner and Company has been handed to us. We have taken over the West End depot. We have a better outlet for cars of this type than they have, " etc., that is signed "Manager J. T." and "T. H." They acknowledged the receipt of the car in a letter signed "John Taylor, Marylebone Motor Mart." I wrote them on January 11 and several letters passed between us. On February 25 they wrote, "We thank you for your letter of the 22nd. Cheque will be sent you in the next day or two. The deal is not yet finished." That is initialled "J. T." The cheque did not come. I went to the Mart on March 9 and saw Geer. I asked him if he could not settle the car. He said, "The matter is not quite settled." I understood him that the car was not disposed of and I asked him if it was in the Mart. He said, "No, it is away." So I said, "What, an intending purchaser on approval? " He said, "Yes." I said, " It has been away a long time, cannot you get the car settled or charge him something for the hire of the car? " He said he might be able to get ₤10 10s. Then he promised to see the people and get them to decide one way or the other quickly and let me know. On March 19 after further correspondence, I again saw Geer. He said I had better see Taylor, who was out to lunch then. I made an appointment to come at half-past one. I asked him who the proprietors of the Motor Mart were and if I could write them and try and get them a settlement. I understood him to say the proprietors were Bowles and Palmer. I asked for their addresses. He said, "Well, I can hardly give you the addresses without their permission, " or to that effect. I called again in the afternoon at 1.30 and saw Taylor. He said that was his name. I told him I had come for a cheque as they had promised so many times to settle. He said he did not know much about the matter but he would go and see the papers. He went upstairs. He found the papers,</p>
<p>8/17/2006</p>
<xptr type="pageFacsimile" doc="191110100017"/>
<p>looked them over, and said, "This seems all right; I cannot see why it cannot he settled." I said it must he settled. He said something about the company being turned into a limited company now and showed me what I thought was a form of incorporation of the com
<lb/>pany, dated, I think, April 8. I did not look through it. He told me he was a director of the company. I asked, "Managing director? " I do not think he gave me an answer. He said he would look into the matter and see the head of the firm or the proprietor, but, he said, "It is so difficult to obtain an interview with him, " or to that effect. He promised to arrange it that evening and promised to let me have a cheque by 12 next day. I did not get the cheque. I asked him who had bought the car. He said he was not clear on that point. I called next day and saw both Taylor and Geer. I asked why they had not sent the cheque. Taylor said he had not been able to see the principal. He asked me to make an appointment for Saturday, or if he could tele
<lb/>phone me. I said I should be out of town. I said, "I do not sup
<lb/>pose it would be much good if you did"; he said, "No, I suppose not, " or to that effect. I have not been paid a farthing in respect of the car. I first discovered to whom the car had been sold in conversation outside the police court. I have not seen the car since.</p>
<p>Cross-examined by Wertheimer. Clement Gardner and Company, Limited, wrote me a letter, but the Marylebone Motor Mart also answered the advertisement. I do not know whether it was at the same time. I had two or three other answers. I called four times at the Motor Mart. I do not remember seeing you there. I do not think your name was mentioned to me.</p>
<p>Cross-examined by Mr. Fulton. I had a number of letters signed John Taylor manager or initialled "J. T." I assumed from that that the manager was a man named John Taylor. I think I first saw Taylor on April 19. He told me he had been away. He spoke to Miss Holmes and asked by what authority she had been putting his name upon letters. On the 19th I saw Geer; he asked Miss Holmes the same question. I do not remember her answering him. Taylor did not appear to know very much about the transaction. I do not remember seeing him since until the police court proceedings.</p>
<p>Cross-examined by Mr. Roome. I had no letter signed by Geer. Geer was referred to as the secretary. An employee said "The sec
<lb/>retary is in, " and I gave him my card. Geer came down. He was not wearing a mechanic's coat. He promised to see the people that had the oar and try and do something for me and let me know. I under
<lb/>stood him the car was out on approval. He never suggested that he was the manager.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-64" type="witnessName">
<interp inst="t19111010-name-64" type="gender" value="male"/>
<interp inst="t19111010-name-64" type="surname" value="REED"/>
<interp inst="t19111010-name-64" type="given" value="CHARLES"/>CHARLES REED</persName> </hi>, manager of the International Motor Mart, Limited, 8eymour Street, Euston Road. I have known Wertheimer for about four years. I have done business for him from time to time. On January 10 he asked me to buy a 14—18 Spyker landaulette; I think I lent him ₤70 on it first. The same day he said he would take ₤100 for it and I paid him the balance that day. This is the receipt signed by him in my presence. I had the car about three months, then sold it to Horner of Pearson Street.</p>
<xptr type="pageFacsimile" doc="191110100018"/>
<p>Cross-examined by Wertheimer. The receipt is signed "John Taylor per C. H. W." On January 10 Taylor was at the Marylebone Motor Mart; I did not know exactly what he was, or that he was more than an employee. I knew you were manager or general manager. I knew you were still at Clement Gardner's, Pentonville Road. You told me you were conducting the transaction for the Marylebone Motor Mart. I did not notice how you had signed the receipt until I saw the docu
<lb/>ment afterwards when the detectives came.</p>
<p>[Prisoner Wertheimer reserved the rest of his cross-examination until the witness gave evidence in another case.]</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-65" type="witnessName">
<interp inst="t19111010-name-65" type="gender" value="male"/>
<interp inst="t19111010-name-65" type="surname" value="CRIGHTON"/>
<interp inst="t19111010-name-65" type="given" value="LEON"/>LEON CRIGHTON</persName> </hi>, 25, Ellerton Road, Wandsworth Common. Last February I advertised an Argyll landaulette for sale in the "Motor" at ₤210. Correspondence ensued between the Marylebone Motor Mart and myself. I called there on the 22nd and saw Geer. I went in, of course, to inquire as to what kind of place I was going to send the car. I saw they had two or three very good cars in the place and that it looked all right, and I agreed for the car to go up for sale. Geer did not tell me who he was. I asked to see the mana
<lb/>ger. He said he was acting for the manager. I waited about a fortnight then I wrote them and they replied; then I acknow
<lb/>ledged their letter and said I should wait for a better offer. I did not accept the ₤75 they offered on a month's bill. I particularly stated I would not take a bill. When I received their letter of April 8 I did not know the car had been sold on March 25. When I parted with the car it was in splendid condition, perfect in every way. When I got that letter I went up to see what it all meant. I saw Geer and one or two men in overalls. I asked Geer what it meant. He looked very confused, and I said "where is my car? " He said it was out. I said "Where? " Another man behind him said, "It is gone to the works to get the window fixed." I asked him where the works where. He said, "A few minutes away." I said I would wait. When he came back he said the car had gone out on trial with two gentlemen; it would be back by two o'clock. I said I would call back in the afternoon. I called at four and the car was there, the men who were waiting began brushing up the brass work to make it look nice. I said it had been used very much. They complained that the spring had gone, that the engine was not horizontal—all kinds of things. Geer was the man I dealt with on that occasion. He said the car was virtually sold for ₤180 to a local doctor and I could have ₤20 down and a month's bill. I told him I wanted the car or the money. I asked the doctor's name. I said, "If he is a doctor in this neighbourhood surely he has got ₤210, or could have made arrange
<lb/>ments, but I would go so far as to see the doctor, and if I thought it was all right the doctor would give me the ₤20 and the month's bill and I would give him a receipt. He said he could not give his client's name. They wrote me on April 12. In reply to that I saw Geer himself. The car had gone. I said I had come for it. I went up with Mr. Burt. I said, "Where is the manager. I will have this business settled now." He introduced Taylor, but not by name. I went up a ladder to a sort of box of an office and saw Taylor talking to</p>
<xptr type="pageFacsimile" doc="191110100019"/>
<p>some little Jewish sort of man who hid his face and ran down the steps. I do not see the Jewish man here. Then Geer came up with Taylor and I had it out with him. I said there is a fraud about this sort of thing. I said many other things. He looked at Geer, seemed surprised, as if he knew nothing about it. Afterwards he seemed to know something about it and said to Geer, "Where did we get the car from? " Then he began to know a great deal about it, and told me about the local doctor. He said they fully understood I accepted the ₤20. I said something and that passed over. Then again he wanted to make out the car was absolutely sold. I said, "Will you give me your word that car is out on trial." I said, "I guess it is doing Easter holidays round the coast or Brighton." He assured me the car had never been taken out except the client wanted to. purchase. I asked as to their financial position. He said, "It is being financed." I said, "You do not give me any name so that I can make inquiry." In the result Taylor said he would do his best, he felt certain he could get the car back, he would see the doctor, and if I went up on Saturday the car should be handed over to me. I never got any money at all, or the car. When I called on the Saturday the place was locked up, but there was a poor, shabby-looking man, who seemed half frightened to open the door. I did not see Geer or Taylor. I was there again on Easter Tuesday and saw Geer and asked about the car. That was the day I went to Scotland Yard. Some days later I got a telegram, "Have just heard we shall be able to hand you Argyll on Saturday; deal not completed." I then wrote Exhibit 10. It is addressed to Wertheimer. His name had not been mentioned by Geer or Taylor. I had seen the police and heard about Wertheimer. The first I heard of the car being sent to Birmingham was when I received Exhibit 11, signed by Geer. I was then in correspondence with the police, but I went up on Monday and saw a man there about thirty years of age, who was not one of the defendants. I next got the circular letter dated May 3 from Mr. H. Grosvenor Taunton, solicitor, 148, Great Portland Street. I did not go to see him.</p>
<p>Cross-examined by Wertheimer. I never saw you in connection with the car or had anything in writing from you.</p>
<p>Cross-examined by Mr. Fulton. I only had conversation with Taylor once; that was on April 13. The Jewish gentleman cut down
<lb/>stairs as soon as he saw me. I think Geer said the manager was out. I said I would see the next in authority; then he took me up the ladder to Taylor. Taylor looked at Geer and seemed surprised. I showed him the correspondence. He looked through one or two letters.</p>
<p>Cross-examined by Mr. Roome. I knew Geer was not the manager. He appeared to have a good deal of power in the place. He appeared as if he was at work on the cars.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-66" type="witnessName">
<interp inst="t19111010-name-66" type="gender" value="male"/>
<interp inst="t19111010-name-66" type="surname" value="BURT"/>
<interp inst="t19111010-name-66" type="given" value="HENRY JOHN"/>HENRY JOHN BURT</persName> </hi>, 60a, Trinity Road, Tooting. I had charge of Mr. Crighton's car up to February 24, when it was taken away by a strange man accompanied by Mr. (Brighton's chauffeur. On April 13 I went to the Marylebone Motor Mart with Mr. Crighton. I saw Geer and Taylor. (Witness confirmed the evidence of Mr. Crighton as to what transpired at the visit.)</p>
<xptr type="pageFacsimile" doc="191110100020"/>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-67" type="witnessName">
<interp inst="t19111010-name-67" type="gender" value="male"/>
<interp inst="t19111010-name-67" type="surname" value="BULL"/>
<interp inst="t19111010-name-67" type="given" value="LEONARD JAMES"/>LEONARD JAMES BULL</persName> </hi>, 12, St. Martin's Lane. I have known Wer
<lb/>theimer for about three years. In March last he saw me about a 14—16 Argyll landaulette he wanted to dispose of. He wanted an offer for it. He brought it. I think the first time we told him we did not want it. The next time we offered him ₤100. He did not accept it. On March 25 I lent him ₤50. This is the receipt signed by Wertheimer. We kept the car about three weeks. We sold it for ₤140. We agreed to pay the Marylebone Motor Mart ₤120. There was a balance to pay of ₤75. This was paid to Geer in notes and cash on April 13. The receipt is signed "per pro Marylebone Motor Mart. W. Geer." Between March 31 and April 13 we sent the car on one occasion to the Marylebone Motor Mart. They telephoned that they wanted to show it to someone. I suppose it was away about two hours. I do not know the date.</p>
<p>Cross-examined by Wertheimer. The ₤45 was lent in two amounts, ₤25 on March 25 and ₤20 on March 31. You asked for an offer for the car in the first instance. 1 made an offer of ₤100. You said you would not or could not take it. You took the car away. I do not recollect your saying you wanted a temporary advance of ₤25 because the firm were a bit short for their wages. The advance was asked for over the 'phone. I think you brought the car down. It was after the second advance, ₤20, that you gave the receipt for ₤45. I do not suggest that was full payment for the car. I do not recollect saying before you went away for a holiday, "Before you go cannot you complete this deal for the Argyll"; I may have done. You refused to accept ₤100 for the car two days before you went away. You said you had left all instructions about it with Geer. I do not know it was April 8 you went away. You did not ask me to send the car up to the Motor Mart. On April 11 or 12 we rang up Geer, I think it was, as I knew you would not be there. I told him we had an offer for the landaulette and could give him ₤120, could he accept that figure. He said he would let me know. About two hours afterwards we heard from him. I know you said we were going away. I knew from what took place with Geer that you were not there. On April 30 we closed the deal for ₤120. I knew you as managing director of Clement Gardner's. I did considerable business with you on their behalf during 12 months previous to the Argyll deal. You then had temporary loans, five or six. To the beet of my recol
<lb/>lection they were always cleared up satisfactorily. I always under
<lb/>stood the company had a right to the cars. I never had a case in which you misled me. I bought a Rolls-Royce car from the Maryle
<lb/>bone Motor Mart and paid for it. I do not think Taylor came after
<lb/>wards and said he wanted the car back. At the time we bought it he said he had another man for it. I think we told him the car was at the coachbuilders and he took the client there. Our managing director would not take the price offered. After we had sold it Taylor came and said he had no commission on the transaction and we gave him ₤5. He did not say we had no right to sell the car for that amount as he was the proprietor and responsible for the car. He</p>
<xptr type="pageFacsimile" doc="191110100021"/>
<p>hoped to be proprietor or expected to be. I refused to pay him anything extra on the car because it was not a matter I could attend to straight away. I do not recollect that we made him sign a letter that he would not make any more claims in future after deals had been done. As to recognising Geer and Taylor as principals while you were away, I recognised Geer as secretary. As far as I know Taylor was there. While Geer was making the deal with me Taylor rang up and said, "Don't pay Geer the money, pay it to me." He did not say he was responsible; he expected shortly to have charge of affairs. I told him if he could show me his authority I would hand him the money. I let Geer have the money as you had told me he was to have charge of the Argyle matter. I do not recollect your saying if nothing is done Geer will come down and repay you the ₤45, with ₤5 for the trouble. I know the principals in the company; they were Gardiner and yourself. Fletcher I came in contact with a couple of months afterwards. I always thought it was a limited company. I did no business with Gardner. Fletcher was introduced to me as a director of Clement Gardner and Co. I have not seen Geer since the trial started; he telephoned me once; he did not say I could assist him in these proceedings. (To the Judge. I did not then know he was one of the accused.) It was about the Argyll, about trying to get it back. I remember you saying one day that you had just come back from your trip; you were very upset, cross, and wild over the Argyll; you said it ought not to have been sold and inquired the name of the people we had sold it to, with the idea of getting it back. I could not say what a 14—18 Spyker landaulette would be worth, with
<lb/>out seeing it; I know very little about them. There is a market for 28 Mercedes of the 1906 type, but at a low figure. A 60-h.p. de Dietrich would be a difficult car to sell in England. I never had any difficulty in seeing you when you were at Clement Gardner's; you were always there attending to the business. In December, 1909, you had just joined them. It was a small place then; six months later it was quite a different concern.</p>
<p>Cross-examined by Mr. Fulton. Wertheimer brought the Argyll landaulette. He asked us to make an offer. I thought the firm were offering it. He was a member of the firm. I never saw Taylor in connection with the transaction. The Rolls-Royce transaction was in January, I think. I bought that from Wertheimer. Taylor came and said he had a customer, and took him to see it. The matter of his commission was put before the directors and we gave him a cheque for ₤5. I think that would be end of January or beginning of February. We got nothing out of that transaction.</p>
<p>Cross-examined by Mr. Roome. Geer was secretary. I do not know what his wages were. I thought Wertheimer was the head of the business. I do not come here with the idea of helping Geer. I cannot say the suggestions of Wertheimer about things he has said to me are inventions; it is rather a difficult question to answer; some of them are. The most we paid Geer for the Argyll car was ₤67 10s. I heard that Geer went to Birmingham to get the car back.</p>
<xptr type="pageFacsimile" doc="191110100022"/>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-68" type="witnessName">
<interp inst="t19111010-name-68" type="gender" value="male"/>
<interp inst="t19111010-name-68" type="surname" value="EADSFORTH"/>
<interp inst="t19111010-name-68" type="given" value="ARTHUR"/>ARTHUR EADSFORTH</persName> </hi>, Latimer Road, St. Albans. I advertised a Mercedes car for sale in March. The Marylebone Motor Mart replied. I went to their premises. The first person I saw there was Geer. On the 15th I saw Wertheimer. He eventually agreed to sell it and give me ₤135 clear of all cost to myself. He gave me a receipt for the car. He said it was worth about ₤150 and that he had a client for this type of car to go to Mauritius. I left the car there. I called on the 20th. I think I saw Wertheimer. I think he gave the excuse for not having sold it that the weather had not been fit for a trial run. I received the letter of March 22 and telephoned from the Aero Show; I took it to be Wertheimer answering, but I would not swear. I asked when I should receive the money; he promised to send it the next day. He told me that the car was sold. The cheque was not sent. About March 29 I saw both Geer and Wertheimer when I called. I saw Geer first and pressed him for the money. He send he would send for the manager and see if it could be arranged. He told me he had got ₤10 on account; would I accept it; I said "No." In the afternoon I saw Wertheimer and pressed him for the money. He said he had a cheque for the car but did not think it was any good. I went back at five o'clock and saw Geer, who eventually arranged to give me a post-dated cheque for ₤50 on account. This was about the 29th. The cheque was presented twice and returned marked "R.D." Wertheimer was present when Geer gave me the cheque.</p>
<p>Cross-examined by Wertheimer. You made no hesitation about giving a receipt when I left the car. You told me you had inquiries for that type of car for the West Indies and Mauritius. I had no reason to disbelieve it. As to your making untrue statements to me, if a man tells you he will send a cheque to-morrow, is not that a statement? You knew at the time it was untrue.</p>
<p>Cross-examined by Roome. Wertheimer was there when Geer gave me the cheque. Geer post-dated it two days because he thought it better, as he expected to have money then; he had not it that day. He told me so frankly.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-69" type="witnessName">
<interp inst="t19111010-name-69" type="gender" value="male"/>
<interp inst="t19111010-name-69" type="surname" value="OTTAWAY"/>
<interp inst="t19111010-name-69" type="given" value="THOMAS"/>THOMAS OTTAWAY</persName> </hi>, solicitor, St. Albans. Last witness is my client. On his instructions I issued a writ on April 5 against the Marylebone Motor Mart, claiming ₤135. It was served the same day upon John Taylor. An appearance was entered by H. Grosvenor Taunton on behalf of Rudolph Wertheimer, carrying on business as the Marylebone Motor Mart. I then took out a summons under Order 14 and obtained judgment for ₤135 and costs. Execution was issued next day, when all the goods on the premises were claimed by the Maryle
<lb/>bone Motor Mart, Limited, and successfully claimed. Nothing has been paid. On April 27 I went to the premises. I did not see either of the defendants. I made further inquiries and then went with my client to Marylebone Police Court and complained there. I then communicated with the Director of Public Prosecutions.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-70" type="witnessName">
<interp inst="t19111010-name-70" type="gender" value="male"/>
<interp inst="t19111010-name-70" type="surname" value="CLAYTON"/>
<interp inst="t19111010-name-70" type="given" value="THOMAS"/>THOMAS CLAYTON</persName> </hi>. I live at 58, Devonshire Street; that is a public house. I am a motor agent. I have no place of business now, nor did I in April last when I was carrying on business as a motor</p>
<xptr type="pageFacsimile" doc="191110100023"/>
<p>agent. I knew Wertheimer as connected with the Marylebone Motor Mart; he was manager, I thought he said. I knew Geer and Taylor were connected with that business. I thought Geer was salesman, also Taylor. In September I received a telephone message and went to the Marylebone Motor Mart. I saw Geer and Taylor. One of them asked me to speak to Wertheimer on the 'phone. I did so. He asked me to buy a Mercedes car, which was downstairs in the show room. I offered ₤50, which Wertheimer agreed to take. He was to have the option of repurchasing in 14 days for ₤55. I went and got the money, ₤25 in gold and my father's cheque for ₤25. This is the cheque endorsed "per pro Marylebone Motor Mart, W. Geer, mana
<lb/>ger." I believe I gave the cheque to Geer and Taylor together. They were both sitting there and I put it on the desk. Taylor signed the receipt. At the end of 14 days Wertheimer bought it back, giving me a cheque of George Taylor's for ₤15 and ₤40 in cash.</p>
<p>Cross-examined by Wertheimer. I do not think I discussed with Taylor and Geer what I was telephoned for. This was Saturday, April 8. Previous to that date I had never discussed or transacted business with you; I had spoken to you in different places. You told me on the telephone you wanted to see the Mercedes car. You were talking to Geer on the 'phone and they mentioned that I was there. The message I got on the telephone was not "Come along at once" but "If you are by here call in." You might have said, "As far as the Mercedes car is concerned it is all right." You were the only man I would have done the business with. I looked on you as the head of the concern. I called at the Marylebone Motor Mart once with a friend of mine to do business with a Talbot car. I saw you, Taylor, and Geer. It was common knowledge in the trade you were the manager or proprietor. I do not remember your telling me that Taylor had been up just now and there had been a row. I think Taylor said he was going to write to the Registrar of Companies, the landlord, and one or two places. I did not know why he was going to write; it did not interest me. You might have told me that Taylor had said unless I gave him ₤5 he would write to the Registrar of Companies. You might have said that Simpson and Fletcher had just been round to try and reason with Taylor as he seemed very much upset. I took Taylor ₤1, which you gave me for him. The only letter Taylor showed me was one to the Acquis Property Company. He did not ask my opinion about his sending it. He showed it me on two occasions. He might have showed it to other people in my presence.</p>
<p>Cross-examined by Mr. Fulton. I understood Taylor was then in the employ of the Marylebone Motor Mart. Wertheimer did not seem to be upset or excited. I cannot remember if he asked me to go round to some public house and see Taylor. We all eventually went round. I think Taylor was there. I think there was some conversation about the letter, but I do not really remember much about it. Something was said to the effect that Taylor was going to send a letter to the Acquis Property Company and that Wertheimer did not want him to send it. I was not given ₤1 by anybody. The whole transaction with regard to the Mercedes car took place on the 'phone between</p>
<xptr type="pageFacsimile" doc="191110100024"/>
<p>myself and Wertheimer, the price was arranged, I went and got the money, I got a receipt, and the money was put down on the table. Wertheimer afterwards brought back the car. I never heard Wer
<lb/>theimer say before to-day that Taylor or Geer had sold the car without his knowledge. Mr. George Taylor is well known in the trade.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-71" type="witnessName">
<interp inst="t19111010-name-71" type="gender" value="male"/>
<interp inst="t19111010-name-71" type="surname" value="TAYLOR"/>
<interp inst="t19111010-name-71" type="given" value="GEORGE"/>GEORGE TAYLOR</persName> </hi>, recalled. Wertheimer asked me on the 'phone if I could advance him some money on a 28-h.p. Mercedes to redeem it for a Mr. Clayton. He said he had to pay Clayton ₤50. I thought it was worth it. I did not see the car. I took Wertheimer's word and advanced him ₤50. I did not see the money paid to Clayton. I sold the car to somebody at Grimsby for ₤80, after I had some repairs to it. I did not pay Wertheimer any of that.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-72" type="witnessName">
<interp inst="t19111010-name-72" type="gender" value="male"/>
<interp inst="t19111010-name-72" type="surname" value="ROBERTS"/>
<interp inst="t19111010-name-72" type="given" value="ERNEST GEORGE"/>ERNEST GEORGE ROBERTS</persName> </hi>, cashier, Capital and Counties Bank, Wig- more Street. Geer opened an account on March 24, 1911, in the name of the Marylebone Motor Mart with a payment in of ₤19. That was all drawn out in three days. On March 25 he opened another account in his own name with a payment in of ₤6 5s. The account continued till April 20, when it became 6d. overdrawn. Exhibit 19 is a cheque drawn on Geer's second account. That was three times presented and dishonoured. There are 15 other such cheques. Some of them re- presented twice. On April 15 there is one in favour of Mr. Coningsby for ₤362. Payment was stopped. There was no money to meet it. It would have been the same if payment had not been stopped. We had knowledge that Geer's account was being used as the account of the Marylebone Motor Mart. Geer told us so himself.</p>
<p>Cross-examined by Wertheimer. ₤550 passed through Geer's ac
<lb/>count between March 25 and April 20. It is difficult to say how many cheques were drawn in favour of Taylor; we simply record the sur
<lb/>names; we cannot say whether it is J. or George Taylor.</p>
<p>Cross-examined by Mr. Fulton. On April 8 I make the credit balance ₤16 14s. 10d.</p>
<p>Cross-examined by Mr. Roome. Geer made it clear that it was not his own money. There are only three cheques in his name for ₤6 10s. out of ₤547.</p>
<p>(Thursday, October 12.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-73" type="witnessName">
<interp inst="t19111010-name-73" type="gender" value="male"/>
<interp inst="t19111010-name-73" type="surname" value="TAYLOR"/>
<interp inst="t19111010-name-73" type="given" value="GEORGE"/>GEORGE TAYLOR</persName> </hi>, recalled, further cross-examined by Wertheimer. I received the cheque for ₤55 on March 29. That was in payment of an advance of ₤50 on March 20 for the first Talbot car. I paid for the Clement-Bayard car by three cheques, ₤50, ₤10, and ₤5. There was ₤10 contra account for repairs, that made ₤75. I do not think Geer was present when I handed you the cheque for ₤50 on April 1. I do not remember you handing it to Geer on the spot. I do not remember saying yesterday that I had not seen Geer since the arrests.</p>
<p>Mr.
<hi rend="smallCaps">RAMSBOTTOM</hi>, cotton merchant, Alderley Edge, Cheshire, gave evidence in regard to a 45-h.p. Napier car which he advertised and sent up to the Marylebone Motor Mart for sale.</p>
<xptr type="pageFacsimile" doc="191110100025"/>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-74" type="witnessName">
<interp inst="t19111010-name-74" type="gender" value="male"/>
<interp inst="t19111010-name-74" type="surname" value="REED"/>
<interp inst="t19111010-name-74" type="given" value="CHARLES"/>CHARLES REED</persName> </hi>, recalled, further examined. I bought three cars during 1911 from Wertheimer. One was a 40 h.p. Napier; that was in April. He said he was taking the car in part exchange for a new car and wanted to sell it to pay the deposit on the new car. I bought for ₤220. He asked ₤300. It never left my place till I sold it.</p>
<p>Cross-examined by Wertheimer. I do not think the guarantee, Ex
<lb/>hibit 35, is in your handwriting. I cannot swear it is not.</p>
<p>Re-examined. I always did business with Wertheimer. I thought the transaction over the Napier car was satisfactory, otherwise I should not have bought it.</p>
<p>Mr.
<hi rend="smallCaps">EDWARD MILLER BAYLEY</hi>, solicitor, Glastonbury, gave evidence in regard to a second-hand Humber car which he advertised and sent to the Marylebone Motor Mart for sale.</p>
<p>Mr.
<hi rend="smallCaps">BARRINGTON ELLIOTT BURROWS</hi>, clerk, National Bank, Baker Street Branch. I produce a certified copy of an account of John Taylor, manager and proprietor, Marylebone Motor Mart. It was opened on January 7 and closed February 20, when there was a balance of ₤3 10s. Four cheques were presented and returned unpaid after the account was closed.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-75" type="witnessName">
<interp inst="t19111010-name-75" type="gender" value="female"/>
<interp inst="t19111010-name-75" type="surname" value="HOLMES"/>
<interp inst="t19111010-name-75" type="given" value="FLORENCE"/>FLORENCE HOLMES</persName> </hi>, 31 Florence Street, Islington. I am at present employed by Mr. George Taylor as a clerk. I was formerly employed at 60, Pentonville Road, by Clement Gardner and Co. I was engaged by Wertheimer. In July, 1910, I went to 78, High Street, Maryle
<lb/>bone, on Wertheimer's instructions. I looked upon Wertheimer as my employer at Pentonville Road. Clement Gardner was connected with that business. In April it was turned into a limited liability company. I do not know whether Geer was there before that. He came as bookkeeper in April and became secretary of the company later. I did not take orders from him at Pentonville Road. At 78, High Street, Marylebone, the business was run in the name of Clement Gardner and Co. for a time, afterwards by the Marylebone Motor Mart. I think that was in December. Taylor came then. I still looked on Wertheimer as my employer. I do not know exactly what Taylor's position was, but I looked upon him as being my governor as well. I did not look upon Geer as being any higher than myself. Taylor did not keep any books. He used to be in the shop most of the time. I typewrote the letters. I may have written 50 letters like Exhibit 51. Wertheimer dictated the original and I used to answer the advertisements on my own accord. Other letters would be dictated by Wertheimer, Taylor, or Geer. I wrote none of those on my own account. I could not tell by looking at a particular letter who dictated it. I generally used to sign them and put my initials underneath. Wertheimer dictated most of the letters. I could not say whether Geer dictated more than Taylor. Exhibit 87 is Taylor's handwriting. I wrote "J. Taylor" in Exhibit 88. I have written Geer's name and initials. I was told to do that by one of them. I do not remember Geer telling me to do that. I do not remember Taylor ever telling me to put Geer's name or any one else's. I never wrote Geer's name without my initials under it. I</p>
<xptr type="pageFacsimile" doc="191110100026"/>
<p>should not write his name without somebody told me to do so. I cannot remember whether it was Wertheimer or Taylor who told me to write Geer's name without my initials under it. (To the Judge. The letter signed "W. Geer, " without my initials, must have been signed by Geer.) I used to open the letters if I arrived first. Wer
<lb/>theimer used to deal mostly with them. Taylor and Geer dealt with with some of them. In November Geer left. He came back about January. He was away about six weeks. Taylor left for a short time. I do not remember exactly how long. I think about three weeks or a month. I remember Wertheimer going away in April for about a week. He (Taylor) dictated instructions to me, and looked after the business. I typed Exhibit 84 at Wertheimer's dictation. I have seen Geer and Wertheimer write cheques. Geer signed blank cheques and gave them to Wertheimer. I saw Rudolph Wertheimer once. That was at Marylebone. I did not know when it was. It is not since Christmas. It would be about a week before. He never gave me instructions. I heard to-day for the first time of Rudolph Wer
<lb/>theimer and Company. All letters were dealt with by anybody who happened to be there. I might have read one or two, but never used to trouble to read them. I opened them and left them. (The witness identified several letters in Geer's writing.) The minute of October 18 does not look like Geer's writing. The signature, "C. II. Wer
<lb/> theimer, " does not look like Geer's writing. I do not know the hand
<lb/>writing. The one on the opposite page is Geer's writing. That is signed by Fletcher. I do not recognise Wertheimer's signature. I could not say if it is his. The last time I was engaged at 78, High Street, was Whitsun Saturday, June 3. Up to then I was in Wer
<lb/>theimer's employ. He did not go there, but I thought he was still my governor. Wertheimer paid me my wages. He was carrying on business at 150, Oxford Street. I was not employed there.</p>
<p>Cross-examined by Wertheimer. I do not recognized the handwriting in Exhibit 113. The signature looks to me different to the writing in the body of the page. I know your writing. I do not think it is like your writing. I think you signed the letters at Pentonville Road when I first came there. I do not think you continued to sign or initial letters right up to when we went to Marylebone. I think Geer left in November and returned after Christmas. There are minutes in November and December in Geer's writing. He was away during that time. I do not remember if Geer went away in consequence of smashing up a car. He told me he was going to leave because it was too much worry for him. He wrote and asked him to come back to finish off the books for the winding up, not to work at the place. I remember you saying, "I think Geer is coming back; he has asked if he can, " and that you would see what could be done. I do not know how long Taylor was away. I thought it was longer than a week. I have seen Geer give you blank cheques. I cannot say how often. I do not think I ever saw Taylor give you signed cheques. I knew Rudolph Wertheimer was at Pentonville Road. He answered the'phone. When Taylor came back I did not look upon him as being</p>
<xptr type="pageFacsimile" doc="191110100027"/>
<p>any higher than what he was when he left. I always looked upon you as being my governor. Mr. Clement Gardner was there the whole time. I think he conducted the banking account himself. I do not know how he signed the cheques. Clement Gardner and Company had only one place in 1910. That was Pentonville Road. In six months the business increased very largely. They had a West-End place and properly equipped works in Baron Street, Islington, and were employing 35 people. After the limited company was formed Mr. Fletcher was there. I do not know what part he took in the business. He was there two or three times a week. Gardner was at Pentonville Road when I left. I have heard you complain that they left the bulk of the work to you. (List of oars handed.) I typed gome of these, Miss Devereux did the other. It is a list of cars that were either in stock or in hand for sale. We sold several large cars at High Street for India and places like that. We advertised very largely. Cross-examined by Mr. Fulton. Wertheimer paid me my wages. I went to High Street in July. Taylor was not at Pentonville Road then. He did not come to High Street until December. Wertheimer was there constantly. He told me Taylor was coming into the business, but did not tell me anything else. They both dictated letters. Taylor dictated perhaps one or two a day till he left. I cannot say when that was. He left in April for about a month. I looked upon him as my governor equally with Wertheimer. I suppose Taylor came a week before Wertheimer went way. That would be the beginning of April. When he left the first time he had been there about two months. I know he was there more than a week before Christmas. I remember Taylor telling me when he went away not to put his name on any more letters. I might have mentioned that conversation to Wer- theimer. I don't remember. I am not sure that I put his name upon letters after that. I don't think I did. I sometimes put "J. T." upon letters without my initials. I expect Wertheimer told me to do that. I do not think I did that after Taylor left. I used to ask Wertheimer about signing and he used to tell me what name to put. I do not remember in March a gentleman coming and Taylor saying to me, " Why did you put my name upon these letters? " He asked me once why I put his initials when he told me not to. I looked at the letters. I had been writing his name. I do not know whether they were written before or after he told me not to. He only stopped two or three weeks after he came back. I do not know why he left. I did not hear of any dispute between him and Wertheimer. I looked upon him as being someone in authority. He only paid me wages once.</p>
<p>Cross-examined by Mr. Roome. Geer came in answer to an adver- tisement for a bookkeeper and salesman about two months after I joined Wertheimer. His wages were ₤1 a week. A fortnight after that he was registered as secretary. He left in November. He told me the responsibility was too much. He said Wertheimer did not give him proper opportunity of keeping the books of the company and that</p>
<xptr type="pageFacsimile" doc="191110100028"/>
<p>Wertheimer sold cars without accounting for the money. Wertheimer dictated a letter to me asking him to come back; he came soon after
<lb/>wards. A banking account was opened in his name. Before that there was an account in Taylor's name; then there was no account for about a month. Wertheimer asked Geer two or three times to open an account. Wertheimer got Geer to sign blank cheques which he took. He would have two or three at a time. Geer complained that Wertheimer filled them in for large amounts and overdrew the ac
<lb/>count. He said to Wertheimer, "It is not my money, but I object to doing this for you" The instructions Wertheimer left when he went away were typed by me at his request to give to Geer. I remem
<lb/>ber Geer going to Birmingham to try to get a car back. I sometimes went to the bank to cash cheques for petty cash. Geer would com
<lb/>plain to me that Wertheimer continually put the money in his own pocket. I have sent a cheque or two to Mrs. Wertheimer which were signed by Geer in blank. Although the account was in Geer's name it was controlled by Wertheimer.</p>
<p>(Friday, October 13.)</p>
<p>Prisoner Wertheimer applied for an adjournment of the trial till Monday, after the case for the prosecution was closed, on the ground of mental strain. Dr. Dyer would be in attendance to speak as to that.</p>
<p>Judge Rentoul reserved his decision till the doctor was called.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-76" type="witnessName">
<interp inst="t19111010-name-76" type="gender" value="male"/>
<interp inst="t19111010-name-76" type="surname" value="FINCH"/>
<interp inst="t19111010-name-76" type="given" value="ALFRED"/>ALFRED FINCH</persName> </hi>, clerk in the Central Office of the High Court of Jus
<lb/>tice. I produce a writ (Exhibit 110) in the action of John William Macdonald against the Marylebone Motor Mart, issued March 14, plaintiff's claim being for balance of price on goods sold and delivered, viz., a motor car agreed to be sold for ₤285. I also produce appear
<lb/>ances (Exhibit 111) entered by Mr. Taunton, solicitor, on behalf of John Taylor, carrying on business as the Marylebone Motor Mart; also affidavit (Exhibit 112) sworn in that action by Taylor on March 30, which reads, "I, John Taylor, of 315, Euston Road, in the County of London, recently carrying on business as the Marylebone Motor Mart, the above-named defendant."</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-77" type="witnessName">
<interp inst="t19111010-name-77" type="gender" value="female"/>
<interp inst="t19111010-name-77" type="surname" value="HOLMES"/>
<interp inst="t19111010-name-77" type="given" value="FLORENCE"/>FLORENCE HOLMES</persName> </hi>, recalled, cross-examined by Wertheimer. (Ex
<lb/>hibit 84 handed to witness.) I remember typing this document, and I remember you giving me those instructions to type. You dictated it on Saturday as you were going away. I gave it to Geer, as I was told to do.</p>
<p>To the Court. I remember him giving me every word of this. Apart from remembering the language, there is nothing in the type by which I should know I typed it, except that I was the only one that typed there. They were instructions given when he was going away for some time; he had never gone away before for any length of time.</p>
<p>A Juryman. According to the letter he is in Paris; this witness says he was in London.</p>
<xptr type="pageFacsimile" doc="191110100029"/>
<p>Judge Rentoul. There is no question about that. The position is that the car is sold, and Geer is to say he cannot settle for it; that Wer theimer is in Paris, and hopes to be back in a few days.</p>
<p>Re-examined. I cannot recollect the date when Taylor came back.</p>
<p>(Defence of Geer.) (Witness interposed.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-78" type="witnessName">
<interp inst="t19111010-name-78" type="gender" value="male"/>
<interp inst="t19111010-name-78" type="surname" value="BARTON"/>
<interp inst="t19111010-name-78" type="given" value="JOHN"/>JOHN BARTON</persName> </hi>, representative of Davis and Timmins, Ltd., screw manufacturers, York Road, King's Cross, and Brook Road, Wood Green. Walter Geer was employed by my firm about four years, leaving in June, 1908. His conduct was satisfactory in every respect, and he gave us a good reference. He resigned on his own initiative.</p>
<p>Cross-examined by Wertheimer. I came here at the request of my managing director. I have nothing in writing to show that.</p>
<p>(Prosecution, continued.)</p>
<p>Louis
<hi rend="smallCaps">JAMES BY WATER</hi>, secretary of the Acquis Property Company, Ltd., Regent Street, owners of 78, High Street, Marylebone; We granted a lease of those premises to Mr. Clement Gardner, and in December, 1910, and January, 1911, we corresponded with him and Taylor with regard to subletting them to John Taylor. We were not satisfied with the references, and the lease never went out of the name of Gardner with our consent. We put a man in possession for rent in May. We received a letter from Wertheimer complaining of that.</p>
<p>Cross-examined by Wertheimer. Gardner originally satisfied us of his ability to pay the rent. The lease was dated April 28, 1910, and was for 21 years at a rent of ₤250 for the first two and a half years and after that ₤300. I cannot say they had been done up since Gard
<lb/>ner had them. There was a partition, but I think it was there when he took the premises. There is a wooden staircase; it would not be correct to describe it as a ladder. It was perhaps not till we got John Taylor's letter of May 13 that the bailiffs were put in. We were told that Gardner had some months before been bankrupt. We were content, in the face of that, to let the matter go on until we got somebody substantial to assign the lease to. We thought most likely the Receiver in Bankruptcy would disclaim the lease. I do not think the lease was originally sold four years ago for ₤1, 500. You are thinking of the hydraulic lifts which were put in. They improved the value of the lease. Gardner surrounded the lease, but I do not know it was at your instigation. You wrote me and said you would arrange it on certain terms, one of which was we should withdraw the bailiffs and give you reasonable time to make other arrangements. In accordance with the promise made the lease was surrendered.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-79" type="witnessName">
<interp inst="t19111010-name-79" type="gender" value="male"/>
<interp inst="t19111010-name-79" type="surname" value="DYER"/>
<interp inst="t19111010-name-79" type="given" value="SIDNEY REGINALD"/>SIDNEY REGINALD DYER</persName> </hi>, Medical Officer of Brixton Prison. I have had Wertheimer under observation. I examined him this morning and yesterday, and can find no medical grounds why the case should be stopped at present, or I should not have let him come up. He is</p>
<xptr type="pageFacsimile" doc="191110100030"/>
<p>fit to go on. I have ordered him special diet owing to the strain of conducting his defence.</p>
<p>To Wertheimer. You told me this morning that you would apply for a postponement, and I think I told you I could not support the application.</p>
<p>Wertheimer complained that he had no proper room in which to see his papers and consider his defence. He was kept downstairs till 6.30 before going back to Brixton. The cells at the Old Bailey were practically dark.</p>
<p>Witness said there was a light room below which he would make arrangements for Wertheimer to have, if his Lordship wished.</p>
<p>Judge Rentoul asked that his should be done.</p>
<p>Sergeant
<hi rend="smallCaps">JEFFREY</hi>. On June 3 I was in Oxford Street and saw Wertheimer drive up to a public-house in a motor car. I told him I had a warrant for his arrest, and read it to him. That was in Mr. Crighton's case. He made no reply. I asked him where he got the car he was driving; he said, "I got it the same as the others." Then Geer came to the public-house and I told him I had also a warrant for him. He asked me not to read it there. I took both defendants in the car to Tottenham Court Road Police Station. They were sub
<lb/>sequently taken to Marylebone Police Station and charged. They said nothing. On Wertheimer I found a Yale key and on Geer also a Yale key with others. They fitted 78, High Street, Marylebone. I found two blank cheques on Wertheimer on Parr's Bank (produced). On June 5 I went to 81, Benthall Road, Kilburn, and saw Taylor and read the warrant. He said, " I can only say I know "nothing about it. I did know where the car went and tried to get it back." He was charged at John Street Police Station. He made no further statement.</p>
<p>Cross-examined by Wertheimer. You have said on several occasions since your arrest that you knew the warrant was out for you. I interviewed Taylor at the Marylebone Motor Mart on April 18 and 19, and later on. The first time Taylor said, "I am director of this com
<lb/>pany." I said, "Where is Wertheimer? " He said, " I know where he is, but I do not think I ought to tell you his address. What do you want? " I said, "I have called regarding a car sent by Mr. Crighton. He can neither get his car nor his money. Where is it? "Taylor said, "Well, it has nothing to do with me, but I believe the car is sold. I know it is all right." I had seen Geer before I saw Taylor. Geer said he was the secretary, a servant of the company. He said, " I cannot tell you anything about the car; I think it is sold." They were both very reticent. Mr. McPherson will answer about the cheques. Taylor offered a deposit of ₤100 with me as security for the Argyll car, but I did not believe he had it. Neither Taylor nor Geer called on me at the Marylebone Police Station. Clement Gardner called when I sent for him and I took a statement. Whatever he said it resulted in his not being being called as a witness. Mr. Travers Humphreys. He has not been charged.</p>
<xptr type="pageFacsimile" doc="191110100031"/>
<p>Cross-examination continued. I have never seen Fletcher. I have nothing to find him for so far as I know. My instructions were to arrest you. I found some pawntickets on you for jewellery. We believe that jewellery to be your own property.</p>
<p>Cross-examined by Mr. Roome. I have made inquiries of the V.V. Bread Company and found that Geer was employed by them from December, 1908, to February, 1910. They always found him honest, sober, and industrious. He left through ill health. In April, 1910, he entered Wertheimer's service.</p>
<p>Detective-Inspector
<hi rend="smallCaps">JOHN MCPHERSON.</hi>Mr. Eadsforth's solicitor attended at Marylebone Police Court and made a complaint, and was referred to the Director of Public Prosecutions, on whose instructions inquiries were made. Information against the three defendants was then laid by the Public Prosecutor and warrants issued. After their arrest I searched 78, High Street, Marylebone, and found a quantity of letters (Exhibits 15, 29, 30, 31, 32, 34, 36, 38, 40, 42, 44, 49, 53, 60, 63, 65, and 67). I found also an agreement for service of Taylor (Exhibit 120), dated December 5 (document read). I believe " John Taylor" is in his handwriting; I do not recognise R. Wertheimer's signature. I also found a quantity of books, including Exhibit 121, a receipt book. In it is a duplicate receipt for Mr. Crighton's car, dated February 24, 1911. It has " G " against it, which appears to bs in the handwriting of Geer. I also found Exhibit 132, which purports to show the receipt of cars and their destination in some in
<lb/>stances. It shows the receipt of Mr. Carden's car, December 5, 1910. The book suggests that a great number of pages have been torn out. I found no regular cash-book at all. I found a petty-cash book, and a wages-book, which shows Geer received ₤1 10s. a week in some weeks. I found a pass-book (Exhibit 124) on the National Bank, Baker Street, which is Taylor's account. There are two paid cheques in it, one for ₤7 10s. The drawer is "Per pro Marylebone Motor Mart, John Taylor, proprietor, " which is in Taylor's handwriting, but the body of the cheque appears to be in the writing of Wertheimer and the endorse
<lb/>ment as well.</p>
<p>To the Court. It looks as if Wertheimer had filled up a blank cheque given him by John Taylor, who describes himself as the proprie
<lb/>tor of the Marylebone Motor Mart.</p>
<p>Mr. Travers Humphreys. It might be filled up first and signed afterwards.</p>
<p>Examination continued. The other cheque was for ₤3, drawn by John Taylor, payable to the "Motor Car Journal." I also found Exhibit 125, a bundle of cheques on the London and Westminster Bank, signed Clement Gardner and Company, Ltd. Some of those were signed by Wertheimer as director of Clement Gardner and coun
<lb/>tersigned by Geer as secretary. I also found Exhibit 126, a bundle of cheques on the London and South-Western Bank, King's Cross, appa
<lb/>rently another of Clement Gardner and Company's accounts, signed by either Wertheimer or Gardner as director and by Geer as secretary. The minutes in the minute-book (Exhibit 113) are in the handwriting</p>
<xptr type="pageFacsimile" doc="191110100032"/>
<p>of Geer. The minute of October 21, 1910, purports to be signed by C. H. Wertheimer. I would not like to say whose handwriting it is in. Exhibit 35 is a guarantee to obtain ₤350 from Ramsbottom's car, April 8, signed "Per pro Marylebone Motor Mart, F. Farmer, " and then the initials "C. H. W." The body is type-written. Per pro F. Farmer, C. H. W. is written. I could not say who wrote it. It does not look like Wertheimer's. If it was it must have been a very fine pen. The letters (Exhibits 72 and 76) are all in Wertheimer's handwriting; and signed by him, I think. [Letters read.] I also found Exhibit 127 at 78, High Street. It is a judgment of the Clerkenwell County Court against Clement Gardner and Company, Ltd., for ₤50, dated December 2, 1910.</p>
<p>Cross-examined by Wertheimer. It was a judgment for damages for running over somebody in a motor car. I have not had or inspected the books at the Official Receiver's. I was instructed as to the books to be asked for. I saw several books but did not examine them. I examined the books I found at the Marylebone Motor Mart and at 150, Oxford Street, but not those at the offices of the Official Receiver. (The wages-book was handed to witness.) I see on the page shown to me, wages for the week ending November 19, beginning "C. H. Wer
<lb/>theimer, ₤2 10s." and ending "John Taylor, ₤6 on account." I could not say in whose writing the guarantee is.</p>
<p>Mr. Roome. I have already admitted that Geer wrote it.</p>
<p>Cross-examination continued. All this bundle of cheques (Exhibit 125) handed to me have been drawn by Gardner and countersigned by Geer, and not by you at all. In the petty cash-book I see the names of Fletcher, Richardson, Gardner, Taylor, and Geer. I do not see yours. I have not traced how the money for the cheques was paid. I have been told certain things about the cheque for the Napier. I have not traced the actual notes. The cheque for ₤25 for the Mercedes car was paid in to Geer's bank on April 10, 1911.</p>
<p>Cross-examined by Mr. Roome. I have not communicated with the police on the Continent.</p>
<p>Re-examined. My information was that the cheque for ₤220 for the Napier car was not paid.</p>
<p>(Defence of Wertheimer.)</p>
<p>Mr. Wertheimer's submitted as a point of law that no evidence had been given to show that he had been guilty of false pretences either by word of mouth or letter. Mr. Eadsforth's was the only case in which he took any part in the getting in of the car itself. That was the Mercedes car, and Mr. Eadsforth had said that without any hesi
<lb/>tation he (Wertheimer) had given a receipt. The only statement throughout the case in which false pretences could be suggested was that he said they had a good market for such a car in the West Indies and Mauritius. Mr. Eadsforth had said that he had made no untrue statement. As to the conspiracy to cheat and defraud, it was true that in certain cases he did arrange an advance on the car or sell the</p>
<xptr type="pageFacsimile" doc="191110100033"/>
<p>car, but no evidence had been given to show that he was made aware of the terms and conditions under which those cars were left.</p>
<p>Judge Rentoul. There is undoubtedly a case to answer on the charge of conspiracy to cheat and defraud the public. I will ask Mr. Travers Humphreys whether he adheres to the charge of false pretences in every one of the seven cases.</p>
<p>Mr. Travers Humphreys. The case for the prosecution was that in each of the seven cases false pretences were made. The person respon
<lb/>sible is the person who directed the admittedly innocent Miss Holmes to write the letters. It is quite unnecessary that he should make the pretences personally or receive the cars personally. I submit that there is evidence to go to the jury in each of these cases.</p>
<p>Judge Rentoul ruled that the case must go to the jury.</p>
<p>A discussion then. took place as to which of the prisoners should have the last word to the jury in the event of some of them calling evidence and some not, and in view of the fact that Wertheimer was undefended by counsel.</p>
<p>In reply to the Court, Wertheimer said that under the circum
<lb/>stances of conducting his own defence he would call witnesses to fact, but would not go into the witness box.</p>
<p>It was stated that Taylor and Geer would go into the box, but would not call witnesses to fact.</p>
<p>It was finally understood that under these circumstances Wertheimer would begin and the prosecution would have the last word with regard to him, notwithstanding that he was undefended by counsel. If Taylor and Geer called no evidence the fact that they went into the witness-box themselves made no difference; their counsel would have the last word to the jury.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-80" type="witnessName">
<interp inst="t19111010-name-80" type="gender" value="male"/>
<interp inst="t19111010-name-80" type="surname" value="WERTHEIMER"/>
<interp inst="t19111010-name-80" type="given" value="CHARLES HERMANN"/>CHARLES HERMANN WERTHEIMER</persName> </hi>(prisoner, not on oath). I am going to take the risk of relying on the witnesses that I call. I will call witnesses to prove that previous to these charges, and up to some time afterwards, I did an immense amount of genuine business. I joined Clement Gardner in December, 1909, as his manager. The business increased under my management, and was converted into a limited company on April 2, 1910, the directors being Joseph Fletcher and Clement Gardner, and Geer secretary, and a month or two afterwards I joined as director. The business was thoroughly genuine and very successful but unfortunate, from the fact that the company met with several severe accidents with the cars, which led to litigation and ultimately to the company winding up. There was a big amount of money lost and paid in legal expenses all that year in consequence of these accidents. As regards the charges, Clement Gardner had a shop at Pentonville Road and had works in Baron Street, and as the business increased they opened a West-End place at 78, High Street, Marylebone. There was a staff of 35 people. My duty was to go to all these three places. There were proper managers and assistants; there were motor works at Baron Street and proper shops and offices, and an accessories department. Business on a very large scale was done, especially in accessories as well as in motor cars.</p>
<xptr type="pageFacsimile" doc="191110100034"/>
<p>In November, 1910, there was a change made, as the minute-book shows, in consequence of the actions for accidents. The insurance company repudiated the claims on different grounds, in some cases because they were not made within the five days, and that was how the company, although insured, were not successful in getting settle
<lb/>ments. However, my brother, who had come over from Australia, joined the firm, and in return for the moneys he advanced he was given a debenture for ₤500. Just previous to this Mr. Gardner had been made bankrupt over a big motor smash, and in consequence of his holding the lease it was arranged to transfer the business to Mr. Rudolph Wertheimer, and that was done. My brother was not experienced in the motor trade much, and I came in contact with Taylor and introduced him to my brother. That led to the firm and R. Wertheimer and Company being started. They are the two who constituted the firm originally, the Marylebone Motor Mart, in Decem
<lb/>ber, 1910. The agreement was simply to show some fixed terms as Taylor was going to manage the business. Later on Geer came there, as my brother went back to Australia, and agreed to look after his interest. I do not say he took over the partnership. Then my brother came back. The biggest victim of the whole thing was myself, as I shall show you later by evidence. I worked that business very hard from December, 1909, right up till Clement Gardner and Com
<lb/>pany was wound up on March 28, 1911. Early in March I started a business of my own in Oxford Street and ran that, and also attended to the Clement Gardner business at Pentonville Road and Baron Street right up to the time of the winding-up. The Marylebone business was left entirely to Taylor and Geer to look after, but I admit with my assistance to this extent that I was to go down there now and then and look after my brother's interest, but not to the extent of these charges, that I was to go down and mislead people or anything of that sort. That I never took any part in and there is no evidence to show that I did. During the time of Clement Gardner's there were several alterations made as to the firm itself. There were several people connected with the firm. There was Clement Gardner and Fletcher, who were the first directors and were still directors when the company was wound up. Evidence will be called to show you that those two took an active interest throughout in the business from start to finish. That is why I raised the point that it is unfair that the whole of the Clement Gardner troubles, or anything they may have done, should be put upon me, and the other two directors absolutely kept out of it, and not even called as witnesses against me, if such a thing could be done. As to the letters which have been put in, I will deal with those after I have called some evidence.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-81" type="witnessName">
<interp inst="t19111010-name-81" type="gender" value="male"/>
<interp inst="t19111010-name-81" type="surname" value="SHAW"/>
<interp inst="t19111010-name-81" type="given" value="HENRY"/>HENRY SHAW</persName> </hi>, bookkeeper, Hall and Co., motor engineers, Ton
<lb/>bridge. I remember my firm sending a motor car for sale for ₤250 to Clement Gardner's. It was sold in July, 1910, and the amount paid us in full.</p>
<p>
<hi rend="smallCaps">RADERMACHER</hi>, sales manager, Manchester Motor Company, Lon
<lb/>don. Clement Gardner's bought a car from us and paid us ₤809.</p>
<xptr type="pageFacsimile" doc="191110100035"/>
<p>Cross-examined. We are makers of Manchester cars. Clement Gardner's gave us an order to build the car, which we did. I presume they had an order from a customer. The car was ordered February 5, 1910, and the full payment was made on April 30, 1910.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-82" type="witnessName">
<interp inst="t19111010-name-82" type="gender" value="male"/>
<interp inst="t19111010-name-82" type="surname" value="SMITH"/>
<interp inst="t19111010-name-82" type="given" value="SEBASTIAN"/>SEBASTIAN SMITH</persName> </hi>. I am in the sales department at Thorneycroft's. We sent two cars to Clement Gardner's; one was sold and paid for and the other was returned to us.</p>
<p>Cross examined. Our head office is at Caxton House. It would not be more dangerous for anyone to try to swindle Thorneycroft's than any other firm. They are a very large firm.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-83" type="witnessName">
<interp inst="t19111010-name-83" type="gender" value="male"/>
<interp inst="t19111010-name-83" type="surname" value="TRUSCOTT"/>
<interp inst="t19111010-name-83" type="given" value="WILLIAM"/>WILLIAM TRUSCOTT</persName> </hi>, sales manager, Messrs. Whiting, Limited, Eus
<lb/>ton Road. Clement Gardner's sold a car for us on March 11, 1910, and paid us ₤85.</p>
<p>Wertheimer said there were three other witnesses he was prepared to call with regard to trading in accessories, and to show they were paid. He did not know whether he need trouble about them.</p>
<p>Judge Rentoul. I do not think you need.</p>
<p>Wertheimer said there were other witnesses he wished to call, dealing with something like 50 or 60 cars. They had been subpoenaed but were not present.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-84" type="witnessName">
<interp inst="t19111010-name-84" type="gender" value="male"/>
<interp inst="t19111010-name-84" type="surname" value="GOUGH"/>
<interp inst="t19111010-name-84" type="given" value="ERNEST"/>ERNEST GOUGH</persName> </hi>, R. O.
<hi rend="smallCaps">MITCHELL</hi>,—
<hi rend="smallCaps">HILLS</hi>, and—
<hi rend="smallCaps">PARTRIDGE</hi>were called on their subpoenas but did not reply.</p>
<p>Judge Rentoul directed that they should attend the Court the next morning. In the meantime the defence of John Taylor would be proceeded with.</p>
<p>(Defence of Taylor.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-85" type="witnessName">
<interp inst="t19111010-name-85" type="gender" value="male"/>
<interp inst="t19111010-name-85" type="surname" value="TAYLOR"/>
<interp inst="t19111010-name-85" type="given" value="JOHN"/>JOHN TAYLOR</persName> </hi>(prisoner, on oath). I am a motor engineer. My first connection with the Marylebone Motor Mart was when I joined them as a servant, on December 5 regularly, but I was there a week or so before. I was employed by Rudolph Wertheimer and Company, of 78, High Street, Marylebone, as manager at ₤2 10s. a week and 21/2 per cent, commission on sales. The defendant Wertheimer and his brother were the proprietors. My duties were to follow up the advertisements and get cars in for sale. When I was at Friswell's it was practically the same business; I had to sell cars to customers. I got a commission on the cars I sold. I was downstairs in the sale room and continued there for some weeks. An account was opened at the National Bank by the "Marylebone Motor Mart, " John Taylor, manager and proprietor, " on January 7, and it was kept open till February 20. I was asked by Wertheimer to open the account in the name of the Marylebone Motor Mart for a few weeks until the company was registered. I called on the manager and we had a conversation. When it came to signing the book I said, "I must have this in the name of the Marylebone Motor Mart, because it is not my money." He said, "In that case you must sign yourself as proprietor." I de
<lb/>murred, but he said if the company was going to be regitered in a few days it would make no practical differ
<lb/> </p>
<xptr type="pageFacsimile" doc="191110100036"/>
<p>ence, and so I did. Wertheimer, when I told him, said "You ought not to have done that." I did not feel at all satisfied and consulted a solicitor, Mr. Taunton, who was acting for Wertheimer at that time. I signed the cheques upon that ac
<lb/>count; sometimes I drew them, but in most cases Wertheimer filled in the body of the cheques. I did not use that account as a personal one but as that of the Marylebone Motor Mart, and only signed cheques that were required or that I was instructed to draw. With regard to Mr. Burnand's car I never saw him till April. I do not remember writing a letter sending a receipt for the car, but it is quite possible; I would have done it in the usual course. I have no knowledge who disposed of the car. Wertheimer was in the habit of taking cars out frequently and I did not take any notice of his doing so. He did not always bring the car back the same day. This was out some little time and he told me he had left it at Mr. Reed's for a little while. I left their employment on February 25. I left because Wertheimer instructed me to sign a number of cheques and leave them in the book, and to misuse the banking account seriously, and there were other things—his personal extravagance, which I knew could not last. I had frequent altercations with him over those things, and I told him I could not stay with him any longer. On February 18 I closed the banking account myself and told the manager why. He congratulated me on doing so. When I came back with the balance we had a few words about some business that was pending. Anyway, I arranged to keep on for another week and that took me up to February 22. Then I left. I went back some few days before April 8, when the com
<lb/>pany was registered. I was induced to see Wertheimer about the affidavit of Macdonald's, and we got into conversation about the regis
<lb/>tered company, and he asked me whether I was willing to join as a director. I said "Yes, " on certain terms I would. I asked him about the liabilities and he said, "They are no worse than they were when you were here." I said, "All right." I went back on March 20, and afterwards from time to time visited the premises and saw various people there. I did not work there. Then on April 8 the company was in fact registered and I became director and attended there daily. I finally left either on April 20 or 21, when I handed over my keys to Mr. Wertheimer's nominees to take my place. I had considerable difficulty in severing my connection; I could not get Wertheimer to fix up the company matters or arrange for the board meeting to fix my substitutes or do anything. We had many rows at his office in Oxford Street. He had got in an accountant to make up a bogus set of books which he tried to bribe me to sign, and I refused. While I attended regularly in April there was no business there, except people calling and making complaints about cars. I remember Mr. Crighton calling in April and I saw him. Geer brought him up to me about his Argyll car. I knew very little about it and I had to refer to Geer for some of the particulars. I had to face the matter out. I could see there was some trouble. I was afraid of prejudicing my own position, so that I would not tell him anything. I did not tell Mr.</p>
<xptr type="pageFacsimile" doc="191110100037"/>
<p>Crighton I would send the car to him the next day; I said it might take me several days to get it back, but I would do my best to get it back on Good Friday, the following day. I never saw Mr. Eads
<lb/>forth at all. Mr. Stretton called the first week in April. The car was in the shop when he came. We talked about the letter which bad been sent him imputing the car was wrongly described, and so on, and I told him I did not think it made very much difference; it might make a little difference in value, but very slight. I told him Mr. Crewe was very well satisfied with it and I quite expected a deal in the course of a day or two. I did not make an appointment with Mr. Stretton for Saturday. I asked him if he could call Saturday morn
<lb/>ing and he said "No, " but he would be along on Saturday night. I said, "You can give me a call, and if I can be there I will see you." I was not there. I do not remember what I was doing. I remember seeing Mr. Burnand in April. He asked about his car, and I said I did not know anything at all about it, as I had only just rejoined the firm as a director. He said, "I have had letters from you during March." I said, "That is quite impossible." We went upstairs and I asked Miss Holmes to give me a copy of the correspondence. I found he was quite correct. I asked Miss Holmes by whose authority she bad used my name in those letters and signed my name. She hesitated for some little time, but I pressed her, and she said, "Oh, Mr. W." My signatures were not on the copies, of course, but I took his word for that as my name was mentioned in the letters.</p>
<p>Mr. Fulton (examining). As a fact only one letter is in March and that is the last one in the correspondence, which stretches from January. I have put to you one letter which you signed; the other letters are signed "J. Taylor, " and initialled by Miss Holmes. You say you commented upon that fact in her presence?</p>
<p>Witness. Yes. I thought there was more than one in March. At any rate they were signed without my authority. I saw Mr. Carden in March, and also in February and January, 1911, but not in April. In March there was no conversation worth recalling. I never saw Mr. Bailey. I saw Mr. Ramsbottom in March, in the shop; he spoke to Geer and also one of the chauffeurs. The affidavit was sworn on March 30. Wertheimer sent for me to see; I did so and he told me he wanted me to sign the affidavit. I refused. I went to Mr. Taunton with him and as a result of the conversation I agreed to sign it. He assured me it would make no difference to me. On or about May 13 I wrote the letters to the Registrar and the landlords, which have been read. On my return to the company I received some money, but not regularly, amounting to ₤10, or ₤15 perhaps. Except that and the money I received in commission I never had anything directly or in
<lb/>directly. I received none of the profit from the sale of any car. It was on Wertheimer's instructions that Mr. Clayton was telephoned to. He wanted to borrow some money on that car for a week. Mr. Clayton came and got on the telephone direct to Wertheimer and fixed the matter up with him. The money was put on the table between me and Geer. It was handed over to Geer, as he was in charge and as he had to pay wages, and had instructions from Wer
<lb/> </p>
<xptr type="pageFacsimile" doc="191110100038"/>
<p>theimer what to do with it. I knew nothing about the Mercedes car until April 8, and then I did not know it belonged to Mr. Eadsforth. A receipt for ₤50 was shown to me purporting to be signed by him and to be paid on account of the purchase price. Either Geer or I was instructed by Wertheimer to show it to Clayton. I should think I did. I had no reason to suppose Wertheimer was not entitled to raise the money.</p>
<p>Cross-examined by Wertheimer. I did not get the agreement until the banking account was opened. I did not feel particularly happy over my position, owing to the fact that I was an un discharged bank
<lb/>rupt. I told you about that and you immediately got that agreement out and dated it back to my first commencing with the firm. Mr. Taunton, whose advice I took, said it was perfectly in order. It was to protect me from proceedings as acting as the proprietor of a business. You could not stop me from closing the banking account at any time. It is my. signature on Exhibit 86 (receipt for car). I did not receive any wages between February 25 and March 20 while I was away from the firm, and I do not remember having anything. I was advanced ₤5 on joining in December and paid it back and got the I.O.U. back. I do not know whether the I.O.U. was in an open drawer. I paid it back out of some commission I received on one of three new cars I sold as the result of the Olympia Show. I did not receive any car on March 24 or 25, although I was there. I would not swear I did not, because it is possible something might have happened. Mr. Wilson's car came in on a later date. Mr. Rams
<lb/>bottom's Napier car came in on March 24. (To the Court.) I did deal with Mr. Wilson at same date. He brought this car along, Wertheimer was busy and asked me to take it in. I did so and signed for it.) Between April 8 and 21 I received ₤15 or ₤20, not ₤25. ₤5 you gave me on April 8 for the previous week and for work previously done, including the signing of the affidavit. I thought I had earned the ₤15 seeing the trouble you had let me in for, interviewing customers and the police. I told Geer to draw me a cheque for ₤10 and he did so. That came out of the ₤60. It was out of Crighton's money. Geer drew ₤20 on Saturday morning to pay Mr. Crighton. It was used during the following week to pay for repairs to two cars which had been damaged. (To the Court.) ₤60 came into my hands altogether. It was placed in the bank first, and I drew ₤10 for myself. The same day, the Thursday before Good Friday, there was the wages to pay, and ₤20 was drawn for that purpose. There was a wages bill of ₤11 and also ₤2 or ₤3 for men who did private work for Wertheimer. It amounted altogether to ₤13 or ₤14. Then on the Saturday another ₤20 was drawn for the purpose of paying Mr. Crighton, but he never received it. It was handed to me in the first place and used for purposes which should be clearly shown in the cash-book. Geer paid the principal part of it out. I had ₤10 on April 13, ₤20 on the 15th. and ₤2 petty cash on the 13th. I did not have a further sum of ₤5 on the 15th. If ₤67 10s. was paid to Geer for Mr. Crighton's car I do</p>
<xptr type="pageFacsimile" doc="191110100039"/>
<p>not know what became of the ₤7 10s. Geer said ₤60 was all he got. I know nothing about the money for the registration of the com
<lb/>pany. The ₤20 I believe Geer used for repairs to the two cars. I do not say he used the whole, but I handed it to him. I saw Mr. Taunton, the solicitor, on the day I had the agreement or the day after. He had acted for me before. I did not go to him because he was the company's solicitor, but I did not expect to pay him as it was on the company's service, to satisfy myself. I refused to sign a set of books which an accountant prepared. They were not in exis
<lb/>tence while I was with the firm. They were not made up, but were in process of being made up. Mr. Clayton made a mistake when he said I showed him the letters I wrote to the Registrar of Companies about you. I did not show them to anybody. The last time we had a row was when you asked me to sign the bogus books and I refused and you offered me a sovereign to do it. You sent a man named Simpson, the accountant who was preparing these books, after me, and said I would have nothing more to do with you. I went to the "Mason's Arms, " and was having a drink by myself and Geer and Simpson came with a cheque to persuade me to go back and sign these books. I told them to take the cheque back; that I would have nothing more to do with you or them either, and that I was determined to write to the Registrar. It was not because you would not give me ₤5 that I threatened to write. At that time Fletcher and I were trying to take premises at 89, Wigmore Street. Fletcher failed to get them. We did not try to get the premises at 78, High Street afterwards. (To the Court. I was very much annoyed with Wertheimer when I wrote the letters, because he has mislead me to rejoin the firm. My principal motive was to get released from my directorship of the company. It was not from a sense of public duty. The contents of the letter to the Regis
<lb/>trar were true.</p>
<p>(Saturday, October 14.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-86" type="witnessName">
<interp inst="t19111010-name-86" type="gender" value="male"/>
<interp inst="t19111010-name-86" type="surname" value="TAYLOR"/>
<interp inst="t19111010-name-86" type="given" value="JOHN"/>JOHN TAYLOR</persName> </hi>(recalled). Further cross-examined by Wertheimer. I first joined the company on December 5, 1910, left on February 25, and rejoined about April 8, though from March 24 I had been dropping in. My salary was ₤2 10s. a week and I had a commission on the business I introduced; there was some genuine business done. I was advised not to come to Brixton and help you to get the evidence together of the genuine business. Previously to joining you I was in partnership with another man and we agreed to part. (Mr. Travers Humphreys objected to witness being asked as to the reason, on the ground that it was irrelevant. Objection upheld.) Since this case has started I have seen the witnesses for the prosecution, but Clayton is the only one I have seen frequently. I was dissatisfied because I was continually finding out things, and I went on April 12 to see Mr. Taunton. He advised me to put a padlock on the door, because, as a director, I was responsible; and he said I was very foolish to take charge of the place and advised me to keep you out until you released.</p>
<xptr type="pageFacsimile" doc="191110100040"/>
<p>me from my responsibility. The only sum that I received of the ₤60 drawn out on April 13 was ₤10; I can give an account of how the balance was spent; it was all entered up in the cash-book. I do not know what the ₤5 was drawn for on April 15. Out of the ₤11 drawn for wages on the 13th I gave Fletcher ₤2.</p>
<p>Cross-examined by Mr. Travers Humphreys. At the time I joined on December 5 there was an identical business carried on at 60, Penton
<lb/>ville Road, by Wertheimer, Clement Gardner, and Fletcher. I was given to understand that the business carried on in a different name at Baron Street had been given up prior to that date. I was supposed to manage the High Street premises, but I did not do so; Wertheimer was not occupied in managing the Pentonville premises; he came every morning to High Street. I do not remember anybody but he and I dictating the important letters, but I did not dictate a large number of them. No books were kept in December except the stock book, which I opened for the purpose of taking an inventory of all the cars that were received and sold. If I had personally seen the seller of a car I may have written one or two of the letters, but Wertheimer wrote the important ones after my reporting to him. I think he and I were both in the shop when Macdonald came in about the third week in December. I did not discuss with Wertheimer what to write to him. In December and January I sold, I think, in all three cars, in which the owners got the money; one was Macdonald, who got part of his money; the second one I know nothing about, I think it was a stock car, but I did not know the name of the owner, and the third was a Straker-Squire car, where the owner (a Mr. Manifold, I think) eventually got ₤50 out of the ₤230 which it was sold for. The business was in very low water when I joined it, and it continued about the same afterwards. Macdonald's car was in for ₤285 and it was sold by Wertheimer for ₤225. It was not an honest thing to do. I had offered the car to Bull, of Long Acre, and if he approved of it on my taking it to him on the following morning he said he would give me ₤300. On arriving at business the next morning I found Wertheimer had sold it for ₤225. I understood from Bull that it would be a cash transaction. Wertheimer had told me that he had got a buyer for ₤300 on three months' bills. I did not communicate with Macdonald in any way after the car was sold. It is true I signed this letter to him of January 24, saying that we were willing to buy the car our
<lb/>selves on bills for ₤300, but I did no dictate it. I did not know then that the company could pay no such sum. Before I joined it was a habit of mine to sign all the letters. I will not swear I did not see this letter to Macdonald of January 2 saying we had an offer of ₤300. I did not dictate it; it is signed in my name, but I did not sign it. We had had no such offer. Macdonald accepted it. I did not write the letter of January 16 saying that our customer had offered to give bills for the ₤300. Wertheimer had told me he had such a customer, a stockbroker, living at Hampstead, but I never saw him in the shop; I should have done if he had come. It was Bull himself who eventually bought the car. He did not give me ₤5 commission. I went to him after I had heard what he had given for it and said he ought not to have bought</p>
<xptr type="pageFacsimile" doc="191110100041"/>
<p>it at the price, as I could have sold it for a larger sum. He suggested giving me something but I refused. It appears he sent a cheque, but I never got it. Macdonald sued the company. It is true that the affidavit resisting the claim was in my name. I described myself as the proprietor, but that was because Wertheimer and Taunton had entered appearance in my name. Taunton told me that it was purely a formal matter. The reason why I opened the banking account in my name as proprietor and manager was that Mr. Cannell, the bank manager, said that he could not take my signature, "p.p. The Maryle
<lb/>bone Motor Mart, " and suggested my doing as I did, saying that it would not matter, as the company was going to be registered in a few days. I had told him this from information previously given me by Wertheimer. I told Carden that I knew nothing, about his car. I expect I asked Wertheimer what had become of Burnand's car, but I have no recollection of it. After that letter I wrote to him myself I did not see any of the letters. When I saw Burnand on April 19 I knew it had been sold, but I do not know that it would have made any difference if I had told him. I could see there was some trouble brewing, and I was afraid to say a word for fear of prejudicing myself, When Creighton called on April 13 it was Geer who told him that his car had been practically sold to a doctor in the neighborhood. I knew it was untrue, and I thought the best thing I could do was to put him off for a day or two to see if I could get the car back. The car had been definitely sold to Bull at that time, and he had paid ₤45 on account. Wertheimer was away "at this time and had nothing to do with it. Exhibit 18 was dictated by Geer on Taunton's advice. I was present in Taunton's office when the advice was given. I knew nothing of the contents. Geer did all the business with Crighton. Geer told him of the arrangement he had made with Crighlton, and Taunton advised him to put it on record, and thus the letter was written, but I had already told Taunton that Crighton had repudiated it. It is true Geer was my subordinate, and I was then taking re
<lb/>sponsibility. I knew on April 8 that Rams-bottom's car had gone. His account of his interview with me on April 24 is quite incorrect; on the 25th all I told him was that the customer was not able to take the trial run that day; this is what Wertheimer told me to tell him. I said nothing about Palmer to him, and nothing was said to Rams
<lb/>bottom about him in my hearing. It would be untrue to say that Palmer was the principal in the business. I never heard of or saw him. I did not like to tell Ramsbottom on the 11th when he called that his car was gone. I am afraid that as director of the company I did not understand my responsibility in these matters. The customer in Stretton's case was Geer's; the car came in on March 30, and I was not fully employed till April 8. I told him there was an Australian gentleman with whom we had not been able to fix up about the car, and made an appointment for him to see a member of the firm on the following evening. I do not remember Exhibits 50 and 51; I did not write them. I saw Bailey's car come in on April 15. I had nothing to do with the correspondence in his case. I remember Eadsforth's car coming in on April 8. I knew that the car was bought for ₤135</p>
<xptr type="pageFacsimile" doc="191110100042"/>
<p>and ₤50 had been paid on account, for which sure Eadsforth gave a stamped receipt. I showed it to Clayton at the time, but I cannot produce it now. I do not remember receiving this writ from him. I remember a day or two after Wertheimer had gone away I was asked by Taunton if I would enter appearance in the action, and I said I would not. I know on April 8 ₤50 was borrowed on the car; I myself gave the receipt and gave Geer the money, which1 he disposed of according to Wertneimer' s instructions. I know now that it was a dishonest transaction, but if Eadsforth had received the ₤50 there would have been nothing dishonest in raising money on the car tem
<lb/>porarily. I suppose the ₤50 was borrowed so that Wertheimer should have a bit to go away with on a holiday. I did not understand that it was required to keep the business on its legs. On March 20 Wertheimer told me that he had arranged for some capital to come into the firm and everything would be all right. I became director with another. No genuine business was done after that date; but I was not regularly there till April 8.</p>
<p>(Defence of Wertheimer, continued.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-87" type="witnessName">
<interp inst="t19111010-name-87" type="gender" value="indeterminate"/>
<interp inst="t19111010-name-87" type="surname" value="HILL"/>
<interp inst="t19111010-name-87" type="given" value="WAITER HUBERT"/>WAITER HUBERT HILL</persName> </hi>. (TO Wertheimer.) In the early part of this year I was manager to Delmar's Motor Works. We advanced you some money on a Pigou car, with an option of repurchase. We let you have it back again to show to a customer, you depositing a de Dietrich car as security. You afterwards redeemed that car and took it away.</p>
<p>Cross-examined. This was about March, 1910. We inquired whether the de Dietrich car was his, and he said it was.</p>
<p>Re-examined. I do not think I was in the office when you brought in the car. We took it for granted that it was your car.</p>
<p>
<hi rend="smallCaps">PARTRIDGE</hi>(20). I remember your coming to the firm during March and saying that you had a de Dietrich car at Delmar's on which some money was due, and that you were anxious to save it. My partner released the car, and held it until you took it from us.</p>
<p>Cross-examined. 1 did not ask him whether it was his own car, as I assumed it was.</p>
<p>(Monday, October 16.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-88" type="witnessName">
<interp inst="t19111010-name-88" type="gender" value="male"/>
<interp inst="t19111010-name-88" type="surname" value="BERRIDGE"/>
<interp inst="t19111010-name-88" type="given" value="GEORGE THOMAS"/>GEORGE THOMAS BERRIDGE</persName> </hi>, National Bank, Islington. Examined by Wertheimar. I remember Clement Gardner opening an account on January 14, 1910. It was closed December 30. He ceased to operate in June after he became bankrupt. ₤5, 519 4s. 4d. passed through the account. There was also a No. 2 account. ₤1, 255 5s. passed through that. No cheques were presented after June.</p>
<p>(Defence of Geer, continued.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-89" type="witnessName">
<interp inst="t19111010-name-89" type="gender" value="male"/>
<interp inst="t19111010-name-89" type="surname" value="GEER"/>
<interp inst="t19111010-name-89" type="given" value="WALTER"/>WALTER GEER</persName> </hi>(prisoner, on oath). I live at 58, St. John's Road, Highgate. From 1904 to 1908 I was employed by Davis and Kimmins.</p>
<xptr type="pageFacsimile" doc="191110100043"/>
<p>Limited, and from 1908 to January, 1910, by the V.V. Bread Com
<lb/>pany. I left them through ill-health. I had good references from both. As soon as I was well I went to Clement Gardner and Co. as bookkeeper and salesman. That was my first experience of the motor
<lb/>car trade. I began my duties on April 5. On April 21 Clement Gardner and Co. was registered, with my name as secretary. Wertheimer said the duties were merely nominal, as I was a bit nervous, and thought it was a responsible position. I kept the books of the company and wrote the minutes. i resigned on November 18 and left Wertheimer's employment at the same time. I sold acces
<lb/>sories and packed stuff up more than anything. I had not an easy job. I left because, I did not have the opportunity to keep them as I thought they should be kepi I was never given any information of the money going out or goods bought. Petty cash was drawn; I could not get any vouchers. I was always told by Wertheimer, "You need not worry about that." I looked on him as a governor and did not like to talk to him as I might have done if it had been somebody else. Wertheimer would account in a way for money he got if be sold a car, but not as I thought it should be done. I could not keep the books properly. He wrote me two postcards and a letter, asking me to see him. When I got there I saw there was a different name over the shop, the Marylebone Motor Mart, and I said to his brother, "You have the name altered. Wertheimer was there. He explained to me about Clement Gardner's business being wound up, the books were in rough order, and would I do my best to get them a bit shipshape. I said I did not think I could do any more, but I would try to do some
<lb/>thing. Nothing was settled as to payment. I think he gave me 10S. now and then during the two or three weeks I was there. I did not do anything till the end of December. Wertheimer said it would be very similar to Clement Gardner's business, and he wanted to pay Clement Gardner's creditors so much in the ₤ and get a voluntary winding up. I understood he was going to pay it out of the new business. I failed to get the books in proper order. I could not get information of any kind. I did not do anything in particular. If anything wanted doing he would say, " Just do this or that, " and I would do it. Afterwards I was appointed secretary. There was not much book-keeping. I opened a banking account in the name of the Marylebone Motor Mart. Wertheimer told me "Taylor has had his account closed." I said that was rather unfortunate, and I should like a small account opened just for petty cash. He said, "You need not worry about it, it will be all right." It was practically a trustee account until the new company was registered, then he would get the directors to sign and transfer the account. The directors would most probably be Bowles and Palmer. I think there were some other names men
<lb/>tioned. Wertheimer mentioned those names. He did not tell me why he did not care to open an account in his own name. He asked me two or three times to open an account. I told the manager of the bank I was merely signing for the convenience of proprietors. I told him I was not the Marylebone Motor Mart or any part of it. He saw, "It is irregular for banking business, could not you sign as</p>
<xptr type="pageFacsimile" doc="191110100044"/>
<p>trading as the Marylebone Motor Mart? " I said, "Yes." I after
<lb/>wards thought, "I am not trading as the Marylebone Motor Mart, " and went and saw him again next day and asked whether he could not alter it. He said, " There is no other way unless you like to sign cheques without 'Marylebone Motor Mart' at all." That is how the account was altered. I had no control over the issue of cheques; the money was not mine. I frequently signed cheques and left them in the book for Wertheimer to use. Wertheimer asked me to do that. Towards the end of the time when one or two cheques came back I said to Wertheimer, "It is hardly the thing these cheques coming back on my account, " and asked him if he could not make some arrangement to conduct it better. He said, "That will be all right; I shall be arrang
<lb/>ing for money to meet these cheques." The money was never found. I complained of that to Miss Holmes. I do not remember signing the letter of September 23 to Mr. Carden. I used to sign nearly all the letters as secretary; I never used to dictate them. I did not write this letter, I merely signed it. I used to sign them all at night, never used to read them. I may have been present when Wertheimer was dictating letters, but I was generally downstairs messing about in the shop. I did not think anything as to the truth or untruth of Carden's letter. I did not know anything about it. I did not tell Mr. Carden the car was out. I do not know exactly what I told him. I did not tell him what I knew to be false. Wertheimer would say, " If so and so comes in say we have not got his car back, or it is out on trial." I was communicating with a firm in the north about Carden's car, asking them ₤202 for it. I was not earning commission at all then. Wer
<lb/>theimer knew that. I did not know it had been sold at that time. I knew Wertheimer had borrowed money on it from Mr. Sawyer, and if Sawyer sold it he was to pay Wertheimer a price something like ₤200; in the meantime I was to try and sell it. I always thought it could be got back from Sawyer when sold. Wertheimer gave me to understand Sawyer might find a customer for it at a fair price. I did not know the car was stripped of accessories. I had left the Maylebone Motor Mart, and they were left there. As to Burnand's car, I did not write the letter of January 14, or sign Taylor's name to it. I did not know it was sold when the letter was written saying we would try and fix up a sale. I understood Mr. Reed was trying to find a customer. I took Wertheimer's word that Bowles and Palmer were the proprietors. I saw Bowles once or twice. I know Reed had advanced money to Wertheimer on it. Mr. Crighton called on April 8. I told him his car was gone to the works to have the window tightened. It was a fact the window was loose, but I went upstairs while Crighton was there, and found it had gone to the works. I made some excuse and told him to come back later after I found out where the car was. Wertheimer was not on the premises then. The same afternoon I knew the car was at Mr. Bull's. I think I got it back from Bull's that day. Bull said he had bought the car from Wertheimer's; that was on the telephone. I said, " It is a funny thing the owner of it is here." This would be February 11 or 12. It was before Wertheimer went away. Wertheimer told me to tell Crighton that he could sell his car if he</p>
<xptr type="pageFacsimile" doc="191110100045"/>
<p>could accept ₤20 and the balance in a month. I think that was the proposition. I forget whether it was to be a bill. I did not know the customer myself; I thought it was a doctor close handy. I wrote the letter confirming the proposition. Crighton called on April 13, the day I took the balance of the money from Bull. I found Wertheimer had made some arrangement with Bull. Bull rang up and said he had as good as arranged with Wertheimer to buy it at ₤120, but he could not give ₤120, he would give ₤110, and as Wertheimer had left it in my hands, he asked, "Would that be all right? " I said I did not know. I thought it over, and rang him up later, when I said, "It is only ₤10 difference, I do not see that it will matter much." He then told me he would give me the balance as arranged with Wertheimer. I went along and signed a receipt for ₤120. ₤60 was all I received. I had no power to sell it without consulting Wertheimer. Bull showed me a receipt for ₤45 which he had advanced. The balance should have been ₤65, but Bull said there was ₤5 commission for himself. I was paid in notes and gold. I paid it into the bank account, which was in my name. I saw Crighton that afternoon. After he went away I wrote Mr. Crighton. That was the letter offering ₤20 deposit. Taylor and I had been to see Mr. Taunton. It was on his advice I wrote the letter. Taunton and Taylor were supposed to see Crighton. I heard later they had not seen him. I was supposed to he in charge of the business while Wertheimer was away, but I was not. Wertheimer as good as asked me to take charge, but as soon as he had gone Taylor came and said he heard Wertheimer had made him responsible for a lot of things, and he was going to take over the management. I did not know what to do; I was between the devil and the deep sea. I saw Taunton and told him the position. After Wertheimer came back I went to Birmingham to see the people who had bought the car from Mr. Bull. I told Wertheimer Crighton had been in and that I was sur
<lb/>prised at him selling it for ₤120 when Crighton wanted ₤200. I said, "I do not see how you can do anything in this matter." He said we must get the car back as Mr. Crighton was making a lot of fuss about it. The people in Birmingham said they could not let us have it back unless we paid ₤140 in cash, the price they had paid to Bull. I wired that to Wertheimer. He told me to wait there, and would send me the money to buy it back. Taunton did not tell us to try and get the car back. He told us to offer Crighton ₤20; the other was to be left over for a month, and he would come down with Taylor to offer it, so that it should be placed on record, or something of that kind. He came down, and they were supposed to offer this money. I found out later the same day they had not. They said they had thought it over and had altered their minds. I had arranged to leave Wertheimer before I went to Birmingham, but he asked me to do one or two things as a favour. As to Eadsforth's car, I gave him a post-dated cheque for ₤50 on March 30. Wertheimer was present. I did not know that Clayton had bought that car for ₤50. I knew Eadsforth was to get ₤135 for it. The ₤50 was a deposit on the price of ₤135. The car was then still in the shop. I happened to be in Wertheimer's office in Oxford Street, and he asked me to rings to Marylebone to see if</p>
<xptr type="pageFacsimile" doc="191110100046"/>
<p>Clayton was there. Taylor answered, and said he was, and I gave Wertheimer the telephone to speak. I do not remember the amount Wertheimer asked Clayton to lend. When Wertheimer put the telephone down he said he had arranged to borrow some money on the car and asked me to go to Marylebone and take it later on in the day to his private house at Camden Road. He told me to pay one or two things at Marylebone out of the cash. Wertheimer did not go away by the 2.20 train. I saw him when it was dark in the evening on April 8. I believe he went on the Sunday, the 9th. After Wertheimer had gone away Clayton said there were one or two things wanted doing to the car, and did not know whether he was justified in doing them, as he thought Wertheimer was going to take the option up and have the car back, and did not want to pay the money out of his own pocket. I believe I told Taylor this, and told Clayton he was justified in doing it. Eadsforth's cheque was dishonoured. I was only in a position to say to Wertheimer, "This cheque has come back." I was not on the same footing with him. I never sold any of the cars. Wertheimer told me to tell Mr. Ramsbottom there would be a customer coming in during the day. I forget exactly how the question of the guarantee cropped up. Wertheimer said to me, "You might just type it out and sign it with Palmer's name, and put my initials under it. You can come down early in the morning before I get here and give it him if I am not here in time." It is quite possible I mentioned Palmer's name to Ramsbottom. The guarantee is ₤350. It was sold to Reed for ₤220. The cheque is endorsed "per pro Marylebone Motor Mart, C. H. Wertheimer, Manager." This is the first time I have seen the cheque. I take it it was cashed across the counter. Ramsbottom called on April 11. I told him the car was out. I did not know it had been sold four days before. As to the statements to Stretton about his car, they were true. There was a Mr. Crewe I thought this car would suit. He had two trial runs and was perfectly satisfied with it. Then he sent us a letter to say he was laid up with a cold. I tried my best to sell that car to him. As to Bailey's car, Clayton advanced ₤30 at Oxford Street, and Wertheimer gave me the money, the bare amount to pay the taxes out, ₤20 odd. I think that was after I had practically left, but Wertheimer asked me to do one or two things until I got something else to do. Wertheimer came back from the Continent. I saw him at Oxford Street the same day. I told him I did not like one or two things that happened while he was away. Crighton's car was the real thing; I could not make out him selling at a lower figure than he had arranged to sell it to Bull for. We had a long argument; he did not want me to go, and said that he had nobody else to go up there, and asked me to go there until he got somebody else. I think I went up there for two months. I am speaking of Oxford Street, not the Motor Mart. I was always leaving. Once I went down to Little
<lb/>hampton; Wertheimer came down after I had been there a day or two and asked me to come back and help him with one or two little things in reference to the business at Marylebone. I did all I thought he wanted. The ₤100 paid into the bank on April 7 was part of the money that was given to Tredgold and Narlian when the composition of</p>
<xptr type="pageFacsimile" doc="191110100047"/>
<p>25 per cent. was made to the creditors of Clement Gardner and Co., which was not accepted. The ₤50 drawn out on the 8th was by Wer
<lb/>theimer's instructions to pay one or two things. I do not know whether he paid them. The same with the ₤20. That was the day he went away or the day before. The ₤7 10s. drawn out on the 10th was made out to his wife. She cashed it, I think. Two days after he went away she called down at Marylebone and asked me if it was all right. I did not know anything about it. "Clark, ₤10." I think that is Wertheimer's sister. The ₤3 on the 10th is two weeks' wages to me.</p>
<p>"Taylor, ₤16, " on the 13th; I gave that to Taylor when I came back with the money from Bull. Re the Argyll car, he said he was going to take ₤10 out of it. I said, "Well, that is hardly fair to me to take it without any trace, why not take a cheque? " I gave him a cheque for ₤10. I did not have a farthing of that. "Cash, ₤5"; I think Fletcher had that. The ₤20 was drawn for the purpose of offering to Crighton. Except my wages I have not made a penny out of this concern.</p>
<p>Cross-examined by Wertheimer. When I first came to Clement Gardner I saw you. Gardner was away. I did not see you for a fort
<lb/>night afterwards. I did not know Gardner was sole proprietor; he was always there assisting in the business. I knew you were not the proprietor. There was trouble over one car about the seller not getting his money. There is a minute showing my resignation. The signature of yours which was queried is not your writing. You told me to write it. You were present at the meeting. The minutes are not written until after the meeting. You were supposed to have resigned from the company on December 2. I should not like to say that is a true minute. I left the business on November 18. As to the writing of the minutes being mine up till January 6, when I came back the minutes were recorded in pencil by yourself or Fletcher, and you asked me to write them up in the minute book. Fletcher signed them all in one day. I swear you told me to sign Palmer's name on Ramsbottom's guarantee. I may have signed his name before; I do not think so. His name appeared as a director in the articles. I could not say who registered the company. Perhaps I am referring to the Bancroft Company. That was something to do with the Marylebone Motor Mart. They were all a wheel within a wheel; they were all the same. I do not remember you asking me to use Palmer's name otherwise than on that guarantee. I never refused to open a banking account for you. I daresay I should get the sack if I refused. I suppose you had not the money to open the account when you first asked me. That is the only reason I give for saying you asked me two or three times. I should not have thought of closing the account without asking you. I did not consider I could do so. It was considered your account. I was not satisfied with it. I was hardly in a position to refuse to write out the cheques. I always controlled the account as you directed. You frequently would take cheques away without my knowing where they went. As to Mr. Crighton, I was paid ₤60 on the 13th by Mr. Bull. Bull said he paid me ₤67 10s. Mr. Bull's evidence is absolutely untrue. I think he has contradicted himself. The cheque for ₤20</p>
<xptr type="pageFacsimile" doc="191110100048"/>
<p>which Taylor held for a day or two was not handed back to me intact; he gave me the balance and accounted for what he had spent. I had a record of every halfpenny in the cash-book of the ₤60. (Copy account handed to witness). The ₤1 to Clarke, dated April 13, was a cheque you drew before you went away. The ₤10 to Taylor was given to him when he came along after you had gone, and said he was the principal. He wanted to take ₤10 out of Bull's ₤60. I said that would not be fair to me to have no record, and gave him a cheque. I paid also four guineas to Taunton and ₤5 to Fletcher. It is not true as Taylor says, that two cars were smashed up. A car came in which I took out to try. I had an accident with it. The repairs cost ₤4 15s., I think, which I paid. I cannot recollect Malcolm Bright, ₤1 2s. 6d. Simpson, ₤1, was a post-dated cheque you gave before you went. I do not produce it. Simpson had ₤5 altogether. That was for registering the new company. I did no business with the banking account without your authority except just the time you went away. I cannot say whether it was a bill you told me to suggest to Crighton or a month's credit; you certainly suggested this. The car had been sold when you left; I found that out after you had gone. Bull told me he had bought the car and you had received a deposit on it. The pro
<lb/>position to offer Crighton ₤20 was made before I went to Mr. Taunton. The day before you went away you told me to go to Crighton and make the suggestion to him. I said that this morning. I went to Mr. Taunton on the 15th. I first of all put the proposition to Crighton on the 6th, two days before you went away. You left general instruc
<lb/>tions behind in a list, where you said Bull had lent ₤45. The in
<lb/>structions do not definitely say you tell me to sell that car, but they infer it. Bull telephoned me. He said you would accept ₤120 for the car, and he would pay ₤110. I said, "If Mr. Wertheimer said he would accept ₤120, ₤10 is not much, in his absence I accept." If he had said you accepted ₤50 I should have accepted. I thought he was a friend of yours, and that he would not tell an untruth. That is why I let him have it at his own price. I do not remember taking the car from Crighton. I transacted some-of the business with him. I knew the price the car came in for was ₤200 or a little over, and could not understand you selling the car to Bull for such a figure. It was not my place to telegraph you. You had already given Bull a receipt, making out you had sold the car for ₤45. If you choose to do business in that way you should take the responsibility. (Judge Rentoul: Neither Bull nor Wertheimer could possibly have meant that ₤45 was to be the amount, because Bull gives some ₤65 more; whereas he could have said according to that receipt, "I will not give you a penny more; I have bought the car.") That was a loan on the car undoubtedly. You might have been away at the time I proposed giving Crighton a bill for ₤20, but you told me to do so before you went away. I never had ₤20 to offer. I do not agree with Clayton that when he went to the Marylebone Motor Mart both Taylor and I were there. I went down later. I was with you at Oxford Street, and you asked me to ring up Marylebone to speak to Clayton. You made out you tried to get Crichton's car back, but you did not do much in the end. I thought</p>
<xptr type="pageFacsimile" doc="191110100049"/>
<p>you made a fool of me sending me to Birmingham if you ask me the truth. As regards Stretton's car, it is absolutely untrue I was present with Taylor when the deal was done, and took the cheque and paid it into my own bank. Mr. Taylor did not say so. I received the cheque later on from you at Marylebone. I do not think there are any in- structions to sell (Brighton's car or Bailey's car in your letters.</p>
<p>(Tuesday, October 17.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-90" type="witnessName">
<interp inst="t19111010-name-90" type="gender" value="male"/>
<interp inst="t19111010-name-90" type="surname" value="GEER"/>
<interp inst="t19111010-name-90" type="given" value="WALTER"/>WALTER GEER</persName> </hi>(prisoner, on oath). Cross-examined by Mr. Travers Humphreys. Clement Gardner's business was in low.water when I left in November. Several people complained they could not get the money. It was chiefly accessories accounts then. I went back in January. I did not know how things were there for some time after- wards. I did not take any active part in the business. I saw Cardan's car several times after going back to High Street, Marylebone. I used to give Garden messages received from Wertheimer. They appeared to me somewhat true at the time. I knew Sawyer had Mr. Carden's car at some time. I got in touch with a firm to try and sell it. I did not think it my duty to tell Carden that Sawyer had advanced money on it. I was in an awkward position. I do not say I would have told a de
<lb/>liberate lie to him. I think the letter I wrote to him on April 12, when Wertheimer was away, is true in the main. Wertheimer wrote me, and I understood the position was not quite clear. He wrote me "swank Carden." I do not know what that word means. I was not there when Mr. Burnand's car came in. I do not remember it going out. I had never seen it. I knew it was at the International Motor Mart on March 9, and that they had advanced money on it. Wertheimer said they were likely to sell it for him at a fair price, and when he re- ceived the balance of the money would pay it to Burnand. I thought borrowing money on other people's cars was not the usual business I was used to, but I did not know what they did in the motor trade. It was done once or twice by Clement Gardner. I never saw anybody of the name of Palmer. Wertheimer always gave me to understand I was not to use his name. I thought it a little funny, but I was not in a position to go any further than do just what he told me, being em
<lb/>ployed by him. I did not think at the time the things I said were untrue, otherwise I should not have told deliberate lies. I thought Palmer was coming into the company. I suppose that did not exactly make him proprietor. I think Burnand asked for the addresses of Bowles and Palmer. I did not know them. I heard Fletcher and Bowles talk about Palmer. I referred Burnand to Taylor because Taylor knew more than I did there. I told Crighton on April 11 that the car was out of the way to tighten the window. I thought that was true at first. I then inquired and found a driver had taken it to Bull's, I forget on what date. I think I told Crighton the care was out on trial. That was before I found out that Bull had got it. I told Crigihton it would be back from the trial by two o'clock. Nobody told me that. I told Bull the owner was here. Bull told me he had brought it from Wertheimer. It did not seem to me the right thing</p>
<xptr type="pageFacsimile" doc="191110100050"/>
<p>to do with Crighton's car and I did not want to tell him. It is probable I to lc him it was sold to a local doctor. I thought it better to tell him that than to go to Bull and leave Wertheimer to clear it up. I understood at the first interview Crighton agreed to accept a bill. That was a misunderstanding; he wanted us to take the bill. I got the balance, ₤60, from Bull that day. I afterwards 6aw Mr. Taunton. Then I wrote suggesting ₤20 and a month's bill to Crigh
<lb/>ton, but he refused it. It was I who was angry when, Wertheimer came back about the car being sold out and out. I had seen loans made on several oars, but was never given to understand they were sold out
<lb/>right. This was the first I knew was sold outright. I remember Eads
<lb/>forth asking about his car and I said, " We have not managed to do anything with it yet." I did not say we had sold it. Wertheimer saw him at this interview. I gave him a cheque for ₤10 dated April 1, which was dishonoured twice. A writ was issued. I went to see Mr. Taunton about it while Wertheimer was away. I knew Eadsforth wanted ₤135, that he had ₤50 on account, which cheque was dishonoured. I was not a party to the business; I was there. I was aware of some money being borrowed on it. Wages were paid with part of it and ₤25 paid into the bank. I took the balance to Wertheimer's house. The transaction struck me as a bit funny. I did not think it dishonest. Wertheimer was always saying he was arranging to put money in the business and take up the liabilities. Nobody was ever paid. As to Taunton entering the appearance to Eadsforth's writ I told him there was a letter from Wertheimer saying, "Put 'Bowles and Palmer.' "Taunton said, "Someone must stand; leave that to me." I gave him no insitructiotns. He was solicitor to the company. I do not know why Taunton put in Rudolph Wertheimer's name. I put "F. Palmer" on Ramsbottom's guarantee by Wertheimer's instructions. I was not there to argue with Wertheimer; I was in a subordinate position. I probably told him on April 7 that his car was out on approval or some
<lb/>thing like that. Wertheimer did not give me any particular explana
<lb/>tion about this car, but he left a note saying there was ₤100 loan on and Mr. Reid was going to sell it for him. I understood Wertheimer wrote several letters to Mr. Bailey. He did not tell me anything about Bailey's car before he went away. I swear to the best of my recol
<lb/>lection I did not write the letter giving the references. I paid the rates with the money that was borrowed on Bailey's car. I did that as a favour to Wertheimer after I told him I was leaving him. There was one case where a private individual got part of his money.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-91" type="witnessName">
<interp inst="t19111010-name-91" type="gender" value="male"/>
<interp inst="t19111010-name-91" type="surname" value="WERTHEIMER"/>
<interp inst="t19111010-name-91" type="given" value="HERMANN"/>HERMANN WERTHEIMER</persName> </hi>(prisoner, not on oath). Gentlemen of the Jury, I ask you not to be prejudiced by the fact that I did not go into the box. I thought I had nothing to deny. I put before you the simple question whether after managing Clement Gardner and Company's business for 12 months, during which time I had under my manage
<lb/>ment thousands of pounds in hard cash and one or two hundred motor
<lb/>cars. I should suddenly cease from that sort of business and become a party to a conspiracy to defraud seven people of seven cars just for the benefit of small sums for the benefit of the business. I called evi
<lb/>dence to prove I did conduct a very large business and there has not</p>
<xptr type="pageFacsimile" doc="191110100051"/>
<p>been one complaint of Any sort before this Court with regard to that. I had no necessity to come down and be a party to small some like ₤30, ₤40, or even ₤220 as one case is. The proceeds of the cars were used in the business and never touched by me. I knew all about the terms on which Carden's car come to Clement Gardner's as I was director of the company and responsible. He brought the oar in for sale in the ordinary way and later on we wanted some money on one of our own cars and we borrowed, as Hills tells us, ₤50 on a Kersey car temporarily. I made it my duty to see that oar was got back and returned to Garden. As to Stretton's car, that was sent to me at Oxford Street to raise enough to meet a ₤55 cheque of Mr. Hays which was at the bank waiting payment. I neither touched or handled that money. I handed it to Geer through Taylor to pay in the bank. Bailey's car was got in during my absence, and there is no evidence to show that I knew anything about how it was got in or the terms. When I returned from the Continent two weeks after, a man was in for rates and I raised from Clayton ₤30 on this car. I asked Clayton here would he not have advanced ₤50 or ₤60. He said "Yes." He lent me the bare amount to pay the rates. As to Rams
<lb/>bottom's car I endorsed the cheque for ₤220 which was paid. Some
<lb/>body has got to endorse a cheque on behalf of the firm. It was ad
<lb/>mitted none of the notes had been traced to me. Geer says that the ₤100 which was paid in was the sum the solicitors paid in. My answer is that was out of Mr. Ramsbottom'a money. You have had oneor two ex
<lb/>planations how the business with Bull in regard to Crighton's car came about. Bull has told you that I refused to deal at ₤100. A few days after I go away he pays ₤65 to Geer. That shows I was honest in the transaction and would not be a party to selling that car outright unless I was sure of the circumstances. Eadsforth's car I took in myself and gave him a receipt, saying the car would not be disposed of unless he had ₤135 clear after the car was disposed of. The car is sold the same day as I go away, not by me. I am not connected with it in any way, except that Clayton says he spoke to me over the telephone, and I told him to do the business with Geer and Taylor. You can believe that or not. It is quite clear I did not do anything wrong. When I came back the first thing I did was to get in touch with Clayton, and see he had the money paid back to him that he had advanced in the hope of saving the car, and I did in fact get Taylor to repay the money and save the car. Burnand's car was dealt with early in January. I meant to ask my co-defendants about that. I certainly transacted the deal, and the money went into the business. There is no proof that the instructions I am alleged to have left for Geer before I went away is a genuine document. I think the letters I wrote from Monte Carlo are in my favour, although put in by the prosecution. I think you will come to the conclusion that certain of the evidence given by my co
<lb/>defendants is the result of collusion. I put it to Taylor, whether he wrote the letters to the landlords and the registrar of companies with any patriotic or other purpose. You will see that at that time I must have been suffering something at the hands of someone. When De-</p>
<xptr type="pageFacsimile" doc="191110100052"/>
<p>tective-sergeant Jeffery was in the box I asked him about some pawn-tickets. Those pawn-tickets would have shown that at the time and after these charges I was pawning my own private jewellery and things to pay my way, whereas if I had control of this business it would have been a simple matter for me to have realised on two or three cars instead. That shows you I never had any dishonest intention.</p>
<p>Verdict, Wertheimer,
<rs id="t19111010-15-verdict-1" type="verdictDescription">
<interp inst="t19111010-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-15-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty of obtaining cars by false pretences, Not guilty of conspiracy</rs>; Geer and Taylor,
<rs id="t19111010-15-verdict-2" type="verdictDescription">
<interp inst="t19111010-15-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19111010-15-verdict-2" type="verdictSubcategory" value=""/>Not guilty</rs>. Wertheimer was convicted at this court on March 2, 1909, and sentenced to six months' imprisonment in the second division for obtaining two motor-cars by false pretences.</p>
<p>Sentence (Wertheimer, October 18),
<rs id="t19111010-15-punishment-15" type="punishmentDescription">
<interp inst="t19111010-15-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-15-punishment-15" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-15-19111010 t19111010-15-punishment-15"/>Three years' penal servitude</rs>.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Wednesday, October 11.)</p> </div1>
<div1 type="trialAccount" id="t19111010-16">
<interp inst="t19111010-16" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-16" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-16-charge-1" targOrder="Y" targets="def1-16-19111010 t19111010-16-offence-1 t19111010-16-verdict-1"/>
<p>
<persName id="def1-16-19111010" type="defendantName">
<interp inst="def1-16-19111010" type="gender" value="male"/>
<interp inst="def1-16-19111010" type="age" value="24"/>
<interp inst="def1-16-19111010" type="surname" value="CRAWFORD"/>
<interp inst="def1-16-19111010" type="given" value="WILLIAM"/>
<interp inst="def1-16-19111010" type="occupation" value="motor-mechanic"/>
<hi rend="largeCaps">CRAWFORD</hi>, William (24, motor-mechanic)</persName>
<rs id="t19111010-16-verdict-1" type="verdictDescription">
<interp inst="t19111010-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-16-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-16-offence-1" type="offenceDescription">
<interp inst="t19111010-16-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111010-16-offence-1" type="offenceSubcategory" value="extortion"/>, of feloniously sending to
<persName id="t19111010-name-93" type="victimName">
<interp inst="t19111010-name-93" type="gender" value="male"/>
<interp inst="t19111010-name-93" type="surname" value="BOYD"/>
<interp inst="t19111010-name-93" type="given" value="HUBERT MORAY"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-16-offence-1 t19111010-name-93"/>Hubert Moray Boyd</persName>, without reasonable and probable cause, a certain letter demanding with menaces the sum of ₤15.</rs> </p>
<p>There were proved three previous convictions for stealing and house-breaking; prisoner was stated to have done some work.</p>
<p>Sentence,
<rs id="t19111010-16-punishment-16" type="punishmentDescription">
<interp inst="t19111010-16-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-16-punishment-16" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-16-19111010 t19111010-16-punishment-16"/>Eighteen months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-17">
<interp inst="t19111010-17" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-17" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-17-charge-1" targOrder="Y" targets="def1-17-19111010 t19111010-17-offence-1 t19111010-17-verdict-1"/>
<p>
<persName id="def1-17-19111010" type="defendantName">
<interp inst="def1-17-19111010" type="gender" value="male"/>
<interp inst="def1-17-19111010" type="age" value="48"/>
<interp inst="def1-17-19111010" type="surname" value="NEWMAN"/>
<interp inst="def1-17-19111010" type="given" value="DAVID"/>
<interp inst="def1-17-19111010" type="occupation" value="tailor"/>
<hi rend="largeCaps">NEWMAN</hi>, David (48, tailor)</persName>
<rs id="t19111010-17-verdict-1" type="verdictDescription">
<interp inst="t19111010-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-17-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-17-offence-1" type="offenceDescription">
<interp inst="t19111010-17-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111010-17-offence-1" type="offenceSubcategory" value="fraud"/>, of obtaining by false pretences from
<persName id="t19111010-name-95" type="victimName">
<interp inst="t19111010-name-95" type="gender" value="female"/>
<interp inst="t19111010-name-95" type="surname" value="GOODMAN"/>
<interp inst="t19111010-name-95" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-17-offence-1 t19111010-name-95"/>Sarah Goodman</persName> 12 golf caps, the goods of
<persName id="t19111010-name-96" type="victimName">
<interp inst="t19111010-name-96" type="gender" value="male"/>
<interp inst="t19111010-name-96" type="surname" value="GOODMAN"/>
<interp inst="t19111010-name-96" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-17-offence-1 t19111010-name-96"/>Samuel Goodman</persName>, and from
<persName id="t19111010-name-97" type="victimName">
<interp inst="t19111010-name-97" type="gender" value="male"/>
<interp inst="t19111010-name-97" type="surname" value="COHEN"/>
<interp inst="t19111010-name-97" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-17-offence-1 t19111010-name-97"/>Samuel Cohen</persName> 12 pairs of trousers and one suit of clothes, in each case with intent to defraud.</rs> </p>
<p>Prisoner confessed to having been convicted at this court on Novem
<lb/>ber 15, 1910, receiving six months' hard labour for stealing a piano, after two other convictions.</p>
<p>Sentence,
<rs id="t19111010-17-punishment-17" type="punishmentDescription">
<interp inst="t19111010-17-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-17-punishment-17" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-19111010 t19111010-17-punishment-17"/>Eighteen months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-18">
<interp inst="t19111010-18" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-18" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-18-charge-1" targOrder="Y" targets="def1-18-19111010 t19111010-18-offence-1 t19111010-18-verdict-1"/>
<p>
<persName id="def1-18-19111010" type="defendantName">
<interp inst="def1-18-19111010" type="gender" value="male"/>
<interp inst="def1-18-19111010" type="age" value="20"/>
<interp inst="def1-18-19111010" type="surname" value="CARLYLE"/>
<interp inst="def1-18-19111010" type="given" value="HENRY"/>
<interp inst="def1-18-19111010" type="occupation" value="ship's quartermaster"/>
<hi rend="largeCaps">CARLYLE</hi>, Henry (20, ship's quartermaster)</persName>
<rs id="t19111010-18-verdict-1" type="verdictDescription">
<interp inst="t19111010-18-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-18-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-18-offence-1" type="offenceDescription">
<interp inst="t19111010-18-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111010-18-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, of breaking and entering the counting-house of the
<persName id="t19111010-name-99" type="victimName">
<interp inst="t19111010-name-99" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-18-offence-1 t19111010-name-99"/>Old Cheshire Com
<lb/>pany, Limited</persName>, and stealing therein ten keys and other articles, their goods.</rs> </p>
<p>Prisoner confessed to having been convicted on October 17, 1910, receiving 12 months' hard labour for shop-breaking and larceny, after four previous convictions.</p>
<p>Sentence,
<rs id="t19111010-18-punishment-18" type="punishmentDescription">
<interp inst="t19111010-18-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-18-punishment-18" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-18-19111010 t19111010-18-punishment-18"/>Eighteen months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-19">
<interp inst="t19111010-19" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-19" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-19-charge-1" targOrder="Y" targets="def1-19-19111010 t19111010-19-offence-1 t19111010-19-verdict-1"/>
<p>
<persName id="def1-19-19111010" type="defendantName">
<interp inst="def1-19-19111010" type="gender" value="male"/>
<interp inst="def1-19-19111010" type="age" value="27"/>
<interp inst="def1-19-19111010" type="surname" value="JOHNSON"/>
<interp inst="def1-19-19111010" type="given" value="FREDERICK JAMES"/>
<interp inst="def1-19-19111010" type="occupation" value="carman"/>
<hi rend="largeCaps">JOHNSON</hi>, Frederick James (27, carman)</persName>
<rs id="t19111010-19-verdict-1" type="verdictDescription">
<interp inst="t19111010-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-19-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-19-offence-1" type="offenceDescription">
<interp inst="t19111010-19-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111010-19-offence-1" type="offenceSubcategory" value="animalTheft"/>, of stealing one horse, one van and other articles, the goods of
<persName id="t19111010-name-101" type="victimName">
<interp inst="t19111010-name-101" type="gender" value="male"/>
<interp inst="t19111010-name-101" type="surname" value="TURNEY"/>
<interp inst="t19111010-name-101" type="given" value="ALBERT EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-19-offence-1 t19111010-name-101"/>Albert Edward Turney</persName> and one mackintosh, the goods of
<persName id="t19111010-name-102" type="victimName">
<interp inst="t19111010-name-102" type="gender" value="male"/>
<interp inst="t19111010-name-102" type="surname" value="JOHNSON"/>
<interp inst="t19111010-name-102" type="given" value="ALBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-19-offence-1 t19111010-name-102"/>Albert Johnson</persName>.</rs> </p>
<p>Convictions proved: May 22, 1906, at North London Sessions, 3 1/2 years' penal servitude, three years' police supervision and licence revoked, for stealing; at this court in 1887, 20 months' for possessing counterfeit coin; in 1892 stealing a purse, 18 months'; and others,</p>
<xptr type="pageFacsimile" doc="191110100053"/>
<p>including six summary convictions as a suspected person. Prisoner was stated to be weak-minded. Sentence,
<rs id="t19111010-19-punishment-19" type="punishmentDescription">
<interp inst="t19111010-19-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-19-punishment-19" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-19-19111010 t19111010-19-punishment-19"/>Eighteen months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-20">
<interp inst="t19111010-20" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-20" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-20-charge-1" targOrder="Y" targets="def1-20-19111010 t19111010-20-offence-1 t19111010-20-verdict-1"/>
<p>
<persName id="def1-20-19111010" type="defendantName">
<interp inst="def1-20-19111010" type="gender" value="male"/>
<interp inst="def1-20-19111010" type="age" value="30"/>
<interp inst="def1-20-19111010" type="surname" value="PAUL"/>
<interp inst="def1-20-19111010" type="given" value="CECIL ARTHUR"/>
<interp inst="def1-20-19111010" type="occupation" value="motor-driver"/>
<hi rend="largeCaps">PAUL</hi>, Cecil Arthur (30, motor-driver)</persName>
<rs id="t19111010-20-verdict-1" type="verdictDescription">
<interp inst="t19111010-20-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-20-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-20-offence-1" type="offenceDescription">
<interp inst="t19111010-20-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19111010-20-offence-1" type="offenceSubcategory" value="bigamy"/>, of feloniously marrying
<persName id="t19111010-name-104" type="victimName">
<interp inst="t19111010-name-104" type="gender" value="female"/>
<interp inst="t19111010-name-104" type="surname" value="MORGAN"/>
<interp inst="t19111010-name-104" type="given" value="ELEANOR MAUD"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-20-offence-1 t19111010-name-104"/>Eleanor Maud Morgan</persName>, his former wife being then alive</rs>. Sentence,
<rs id="t19111010-20-punishment-20" type="punishmentDescription">
<interp inst="t19111010-20-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-20-punishment-20" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-20-19111010 t19111010-20-punishment-20"/>Nine months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-21">
<interp inst="t19111010-21" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-21" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-21-charge-1" targOrder="Y" targets="def1-21-19111010 t19111010-21-offence-1 t19111010-21-verdict-1"/>
<join result="criminalCharge" id="t19111010-21-charge-2" targOrder="Y" targets="def1-21-19111010 t19111010-21-offence-2 t19111010-21-verdict-1"/>
<join result="criminalCharge" id="t19111010-21-charge-3" targOrder="Y" targets="def1-21-19111010 t19111010-21-offence-3 t19111010-21-verdict-1"/>
<join result="criminalCharge" id="t19111010-21-charge-4" targOrder="Y" targets="def2-21-19111010 t19111010-21-offence-1 t19111010-21-verdict-2"/>
<join result="criminalCharge" id="t19111010-21-charge-5" targOrder="Y" targets="def2-21-19111010 t19111010-21-offence-2 t19111010-21-verdict-2"/>
<join result="criminalCharge" id="t19111010-21-charge-6" targOrder="Y" targets="def2-21-19111010 t19111010-21-offence-3 t19111010-21-verdict-2"/>
<join result="criminalCharge" id="t19111010-21-charge-7" targOrder="Y" targets="def3-21-19111010 t19111010-21-offence-1 t19111010-21-verdict-2"/>
<p>
<persName id="def1-21-19111010" type="defendantName">
<interp inst="def1-21-19111010" type="gender" value="male"/>
<interp inst="def1-21-19111010" type="age" value="20"/>
<interp inst="def1-21-19111010" type="surname" value="DARIOLI"/>
<interp inst="def1-21-19111010" type="given" value="TERESIO"/>
<interp inst="def1-21-19111010" type="occupation" value="waiter"/>
<hi rend="largeCaps">DARIOLI</hi>, Teresio (20, waiter)</persName>,
<persName id="def2-21-19111010" type="defendantName">
<interp inst="def2-21-19111010" type="gender" value="male"/>
<interp inst="def2-21-19111010" type="age" value="16"/>
<interp inst="def2-21-19111010" type="surname" value="RUFFINO"/>
<interp inst="def2-21-19111010" type="given" value="EMILIO"/>
<interp inst="def2-21-19111010" type="occupation" value="waiter"/>
<hi rend="largeCaps">RUFFINO</hi>, Emilio (16, waiter)</persName>,
<persName id="def3-21-19111010" type="defendantName">
<interp inst="def3-21-19111010" type="gender" value="male"/>
<interp inst="def3-21-19111010" type="age" value="20"/>
<interp inst="def3-21-19111010" type="surname" value="ALBERICI"/>
<interp inst="def3-21-19111010" type="given" value="AMERICO"/>
<interp inst="def3-21-19111010" type="occupation" value="waiter"/>
<hi rend="largeCaps">ALBERICI</hi>, Americo (20, waiter)</persName>
<rs id="t19111010-21-offence-1" type="offenceDescription">
<interp inst="t19111010-21-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111010-21-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, all stealing one matchbox, the goods of
<persName id="t19111010-name-108" type="victimName">
<interp inst="t19111010-name-108" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-21-offence-1 t19111010-name-108"/>Gamages, Limited</persName> </rs>. Darioli and Ruffino
<rs id="t19111010-21-offence-2" type="offenceDescription">
<interp inst="t19111010-21-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19111010-21-offence-2" type="offenceSubcategory" value="simpleLarceny"/>stealing one pair of field glasses, the goods of
<persName id="t19111010-name-109" type="victimName">
<interp inst="t19111010-name-109" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-21-offence-2 t19111010-name-109"/>Frederick Bateman and Company, Limited</persName> </rs>; Darioli and Ruffino
<rs id="t19111010-21-offence-3" type="offenceDescription">
<interp inst="t19111010-21-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t19111010-21-offence-3" type="offenceSubcategory" value="simpleLarceny"/>stealing one pair of field glasses, the goods of
<persName id="t19111010-name-110" type="victimName">
<interp inst="t19111010-name-110" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-21-offence-3 t19111010-name-110"/>Frederick Bateman and Company, Limited</persName> </rs>.</p>
<p>Darioli
<rs id="t19111010-21-verdict-1" type="verdictDescription">
<interp inst="t19111010-21-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-21-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty of all charges</rs>. The other two prisoners were tried on the charge of stealing and receiving one matchbox.</p>
<p>
<hi rend="smallCaps">MT</hi>. Heddon prosecuted; Mr. Thomas Carthew appeared for Darioli; Mr. Purcell and Mr. Fox-Daviee defended Ruffino.</p>
<p>Detective
<hi rend="smallCaps">WALTER SMITH</hi>, City Police. On Saturday, September 9, at about 11 a.m. I saw the three prisoners in Ludgate Kill conversing together; Ruffino and Darioli, after calling at two or three shops, leav
<lb/>ing Amberici outside, ultimately called at Gam-ages, leaving Amberici outside. I followed Ruffino and Darioli into the jewellery department, when I saw them looking at some silver matchboxes; Ruffino took up two and only put one back; Ruffino then gave an order and they walked out. I saw Ruffino touoh Alberici's right hand and place something in his hip pocket. Shortly afterwards I and other officers arrested them on the charge of frequenting shops for the purpose of committing a felony. Ruffino said, "I have not done anything." They were taken to Bridewell Police Station, where matchbox pro
<lb/>duced was found in Amberioi's hip pocket. When charged at Snow Hill Police Station Ruffino said, " I have not got anything to say." Alberici said about the matchbox, "I do not know anything about it; the other man gave it to me, " pointing to Ruffino.</p>
<p>Cross-examined. In my notebook I have put that Alberici said, "The other gave it to me, " but he really said, "The other man gave it to me." He spoke in broken English.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-111" type="witnessName">
<interp inst="t19111010-name-111" type="gender" value="female"/>
<interp inst="t19111010-name-111" type="surname" value="REID"/>
<interp inst="t19111010-name-111" type="given" value="EMILY MARY"/>EMILY MARY REID</persName> </hi>, assistant, Gamages, Limited. On Saturday, September 9, Ruffino and Darioli came to my counter and asked to see silver matchboxes. I got some out; Ruffino took several in his hand, but I could not serve them because they wanted larger ones, and he gave an order in the name of Wartson for a larger kind of matchbox containing a cigarette holder, which he would come for on the Monday. The matchbox produced has stamped on it my firm's initials, "A W. G., Ltd."; there is also a ticket marked 10s. 6d. inside, which would have been taken out if it had been sold.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-112" type="witnessName">
<interp inst="t19111010-name-112" type="gender" value="male"/>
<interp inst="t19111010-name-112" type="surname" value="DIVIANI"/>
<interp inst="t19111010-name-112" type="given" value="PIETRO"/>PIETRO DIVIANI</persName> </hi>, restaurant keeper, 125, Newgate Street. I speak Italian and was called to Snow Hill Police Station to act as interpreter for Darioli and Alberici. I told Alberici what he was charged with; he said that he found the matchbox in his pocket, but he did not know anything about it.</p>
<xptr type="pageFacsimile" doc="191110100054"/>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-113" type="witnessName">
<interp inst="t19111010-name-113" type="gender" value="male"/>
<interp inst="t19111010-name-113" type="surname" value="RUFFINO"/>
<interp inst="t19111010-name-113" type="given" value="EMILIO"/>EMILIO RUFFINO</persName> </hi>(prisoner, on oath). I have only known Darioli a. little time and I did not know Alberici until September 9. Darioli offered to pay for my food and fare if I would interpret for him, be
<lb/>cause he wanted to buy some presents. I went to Gamages with him; under his instructions I asked to see some matchboxes and we were shown a number. I did not steal one of those boxes.</p>
<p>Cross-examined. I only took one matchbox in my hand. When I gave the order I gave the name of Watson, because it was easier to take down. We left Alberici outside. I did not touch him when I came out.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-114" type="witnessName">
<interp inst="t19111010-name-114" type="gender" value="indeterminate"/>
<interp inst="t19111010-name-114" type="surname" value="ALBERICI"/>
<interp inst="t19111010-name-114" type="given" value="AMERICO"/>AMERICO ALBERICI</persName> </hi>(prisoner, on oath). On September 9 I met Darioli and Ruffino, whom I knew by sight, in Oxford Street. Ruffino said he was going to the City to buy a present for Darioli. We rode for about 10 minutes on a bus and then got down; the other two went into two or three shops, I remaining outside. They then went into Gamages; after about five minutes they came out, when Darioli put the matchbox produced in my side coat pocket. After going on for five minutes I asked him why he put it in my pocket; he said, "Keep it there." The two then went into an optician's and rejoined me. When the officers arrested us I did not know what for, until Diviani interpreted the charge to me.</p>
<p>
<rs id="t19111010-21-verdict-2" type="verdictDescription">
<interp inst="t19111010-21-verdict-2" type="verdictCategory" value="miscVerdict"/>
<interp inst="t19111010-21-verdict-2" type="verdictSubcategory" value="noAgreement"/>The Jury disagreed</rs>. (For further proceedings see page 737.)</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE COMMON SERJEANT</hi>.</p>
<p>(Wednesday, October 11.)</p> </div1>
<div1 type="trialAccount" id="t19111010-22">
<interp inst="t19111010-22" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-22" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-22-charge-1" targOrder="Y" targets="def1-22-19111010 t19111010-22-offence-1 t19111010-22-verdict-1"/>
<p>
<persName id="def1-22-19111010" type="defendantName">
<interp inst="def1-22-19111010" type="gender" value="male"/>
<interp inst="def1-22-19111010" type="age" value="22"/>
<interp inst="def1-22-19111010" type="surname" value="SAUNDERS"/>
<interp inst="def1-22-19111010" type="given" value="JAMES"/>
<interp inst="def1-22-19111010" type="occupation" value="porter"/>
<hi rend="largeCaps">SAUNDERS</hi>, James (22, porter)</persName>
<rs id="t19111010-22-verdict-1" type="verdictDescription">
<interp inst="t19111010-22-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-22-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-22-offence-1" type="offenceDescription">
<interp inst="t19111010-22-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19111010-22-offence-1" type="offenceSubcategory" value="coiningOffences"/>, of attempting to utter counterfeit coin twice on the same day.</rs> </p>
<p>Prisoner had not been convicted before. He had been in prison seven weeks.</p>
<p>Sentence,
<rs id="t19111010-22-punishment-21" type="punishmentDescription">
<interp inst="t19111010-22-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-22-punishment-21" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-22-19111010 t19111010-22-punishment-21"/>Five months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-23">
<interp inst="t19111010-23" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-23" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-23-charge-1" targOrder="Y" targets="def1-23-19111010 t19111010-23-offence-1 t19111010-23-verdict-1"/>
<join result="criminalCharge" id="t19111010-23-charge-2" targOrder="Y" targets="def2-23-19111010 t19111010-23-offence-1 t19111010-23-verdict-1"/>
<p>
<persName id="def1-23-19111010" type="defendantName">
<interp inst="def1-23-19111010" type="gender" value="male"/>
<interp inst="def1-23-19111010" type="age" value="37"/>
<interp inst="def1-23-19111010" type="surname" value="FLAUNTY"/>
<interp inst="def1-23-19111010" type="given" value="THOMAS"/>
<interp inst="def1-23-19111010" type="occupation" value="labourer"/>
<hi rend="largeCaps">FLAUNTY</hi>, Thomas (37, labourer)</persName>, and
<persName id="def2-23-19111010" type="defendantName">
<interp inst="def2-23-19111010" type="gender" value="male"/>
<interp inst="def2-23-19111010" type="age" value="31"/>
<interp inst="def2-23-19111010" type="surname" value="TYLER"/>
<interp inst="def2-23-19111010" type="given" value="WILLIAM"/>
<interp inst="def2-23-19111010" type="occupation" value="labourer"/>
<hi rend="largeCaps">TYLER</hi>, William (31, labourer)</persName>
<rs id="t19111010-23-verdict-1" type="verdictDescription">
<interp inst="t19111010-23-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-23-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-23-offence-1" type="offenceDescription">
<interp inst="t19111010-23-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19111010-23-offence-1" type="offenceSubcategory" value="pervertingJustice"/>, of conspiring and agreeing together by false pretences to prevent and defeat the due course of law and justice, and wrongly and unjustly to procure the release of the said
<persName id="t19111010-name-118" type="victimName">
<interp inst="t19111010-name-118" type="gender" value="male"/>
<interp inst="t19111010-name-118" type="surname" value="TYLER"/>
<interp inst="t19111010-name-118" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-23-offence-1 t19111010-name-118"/>William Tyler</persName> from His Majesty's Prison, Wandsworth, before he the said W. Tyler should be discharged by due course of law from the said prison at the expiration of three months' hard labour which he, the said W. Tyler, had been sentenced to at the Woolwich Police Court on August 28, 1911; both attempting to prevent and defeat the due course of law and justice as aforesaid.</rs> </p>
<p>On August 28 Tyler was sentenced to three months' imprisonment with hard labour at the Woolwich Police Court for assaulting the police and Flaunty to 21 days' imprisonment with have labour for</p>
<xptr type="pageFacsimile" doc="191110100055"/>
<p>drunkenness and disorderly conduct. At Wandsworth Prison each man impersonated the other, Tyler answering in the name of Flaunty and the latter as Tyler. Flaunty afterwards said that as he had got Tyler into the trouble he thought it was only right that he should serve his sentence; But an explanation might be found in the fact that Flaunty could at will dislocate his ankle, and that when in goal he was always placed in the infirmary and so escaped the hard labour. Tyler was stated to be a violent man, especially when in drink, and to have been many times convicted of assaulting the police. Four convictions of felony were proved against him. Against Flaunty nine summary convictions and two convictions for felony were proved.</p>
<p>Sentences (each prisoner),
<rs id="t19111010-23-punishment-22" type="punishmentDescription">
<interp inst="t19111010-23-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-23-punishment-22" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-23-19111010 t19111010-23-punishment-22"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-23-19111010 t19111010-23-punishment-22"/>Six months' hard labour, the sentences to date from yesterday</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-24">
<interp inst="t19111010-24" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-24" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-24-charge-1" targOrder="Y" targets="def1-24-19111010 t19111010-24-offence-1 t19111010-24-verdict-1"/>
<p>
<persName id="def1-24-19111010" type="defendantName">
<interp inst="def1-24-19111010" type="gender" value="female"/>
<interp inst="def1-24-19111010" type="age" value="75"/>
<interp inst="def1-24-19111010" type="surname" value="BOWEN"/>
<interp inst="def1-24-19111010" type="given" value="ESTHER"/>
<interp inst="def1-24-19111010" type="occupation" value=""/>
<hi rend="largeCaps">BOWEN</hi>, Esther (75)</persName>
<rs id="t19111010-24-offence-1" type="offenceDescription">
<interp inst="t19111010-24-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19111010-24-offence-1" type="offenceSubcategory" value="keepingABrothel"/>, unlawfully keeping a brothel.</rs> </p>
<p>Mr. Leycester prosecuted; Mr. Schultess-Young defended.</p>
<p>The hearing of this case was not concluded until October 13.</p>
<p>In summing up the Common Serjeant said he could not help thinking that the police had shown unusual anxiety to convict the accused. He did not know that it would have made much difference had they supplied Mr. Marshall, a barrister who applied on her behalf at the police court, with the names of the man and woman found in the house and had the inspection of the diary found in the premises been allowed. Police officers in dealing with accused persons should not take advantage of them, as they 'were entitled not only to a fair trial but to know where to go for evidence. Although the matters about which Mr. Marshall desired information might have been im
<lb/>material, its refusal showed an unusual desire to secure a conviction and an unusual treatment of a woman on her defense. If the jury found that an officer had taken one step or another to prevent a person he honestly believed to be a criminal from having information or sifting the evidence, he might be a very zealous officer, but he was a very onesided one.</p>
<p>Verdict,
<rs id="t19111010-24-verdict-1" type="verdictDescription">
<interp inst="t19111010-24-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19111010-24-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<p>The Common Serjeant made an order that the costs of the defense should be paid by the prosecution in accordance with the Costs in Criminal Cases Act. The costs of the prosecution were disallowed.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Thursday, October 12.)</p> </div1>
<div1 type="trialAccount" id="t19111010-25">
<interp inst="t19111010-25" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-25" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-25-charge-1" targOrder="Y" targets="def1-25-19111010 t19111010-25-offence-1 t19111010-25-verdict-1"/>
<p>
<persName id="def1-25-19111010" type="defendantName">
<interp inst="def1-25-19111010" type="gender" value="male"/>
<interp inst="def1-25-19111010" type="age" value="41"/>
<interp inst="def1-25-19111010" type="surname" value="HALL"/>
<interp inst="def1-25-19111010" type="given" value="FREDERICK"/>
<interp inst="def1-25-19111010" type="occupation" value="engineer"/>
<hi rend="largeCaps">HALL</hi>, Frederick (41, engineer)</persName>
<rs id="t19111010-25-verdict-1" type="verdictDescription">
<interp inst="t19111010-25-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-25-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-25-offence-1" type="offenceDescription">
<interp inst="t19111010-25-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19111010-25-offence-1" type="offenceSubcategory" value="bigamy"/>, of feloniously marrying
<persName id="t19111010-name-121" type="victimName">
<interp inst="t19111010-name-121" type="gender" value="female"/>
<interp inst="t19111010-name-121" type="surname" value="LOUNT"/>
<interp inst="t19111010-name-121" type="given" value="ELLEN"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-25-offence-1 t19111010-name-121"/>Ellen Lount</persName>, his former wife being then alive.</rs> </p>
<p>
<rs id="t19111010-25-punishment-23" type="punishmentDescription">
<interp inst="t19111010-25-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-25-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-25-19111010 t19111010-25-punishment-23"/>Prisoner having been three weeks in custody and bearing an excel
<lb/>lent character, was sentenced to Three days' imprisonment</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-26">
<interp inst="t19111010-26" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-26" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-26-charge-1" targOrder="Y" targets="def1-26-19111010 t19111010-26-offence-1 t19111010-26-verdict-1"/>
<p>
<persName id="def1-26-19111010" type="defendantName">
<interp inst="def1-26-19111010" type="gender" value="male"/>
<interp inst="def1-26-19111010" type="age" value="22"/>
<interp inst="def1-26-19111010" type="surname" value="PRESTON"/>
<interp inst="def1-26-19111010" type="given" value="JOHN DENNIS"/>
<interp inst="def1-26-19111010" type="occupation" value="clerk"/>
<hi rend="largeCaps">PRESTON</hi>, John Dennis (22, clerk)</persName>
<rs id="t19111010-26-verdict-1" type="verdictDescription">
<interp inst="t19111010-26-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-26-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-26-offence-1" type="offenceDescription">
<interp inst="t19111010-26-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111010-26-offence-1" type="offenceSubcategory" value="fraud"/>, of feloniously uttering, knowing the same to be forged, a certain request for the payment of money, to wit, a banker's cheque for ₤40 14s. 10d., with intent to defraud</rs>.</p>
<xptr type="pageFacsimile" doc="191110100056"/>
<p>Prisoner confessed to having been convicted on July 5, 1910, at Birmingham Quarter Sessions, receiving 15 months' hard labour and one year police supervision for warehouse-breaking, after nine previous convictions, including nine and six months. He was stated to be a very dangerous young criminal, connected with a gang of forgers.</p>
<p>Sentence,
<rs id="t19111010-26-punishment-24" type="punishmentDescription">
<interp inst="t19111010-26-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-26-punishment-24" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-26-19111010 t19111010-26-punishment-24"/>Twenty-two months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-27">
<interp inst="t19111010-27" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-27" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-27-charge-1" targOrder="Y" targets="def1-27-19111010 t19111010-27-offence-1 t19111010-27-verdict-1"/>
<p>
<persName id="def1-27-19111010" type="defendantName">
<interp inst="def1-27-19111010" type="gender" value="male"/>
<interp inst="def1-27-19111010" type="age" value="29"/>
<interp inst="def1-27-19111010" type="surname" value="SMYTH"/>
<interp inst="def1-27-19111010" type="given" value="JOSEPH ARTHUR"/>
<interp inst="def1-27-19111010" type="occupation" value="chauffeur"/>
<hi rend="largeCaps">SMYTH</hi>, Joseph Arthur (29, chauffeur)</persName>
<rs id="t19111010-27-verdict-1" type="verdictDescription">
<interp inst="t19111010-27-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-27-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-27-offence-1" type="offenceDescription">
<interp inst="t19111010-27-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19111010-27-offence-1" type="offenceSubcategory" value="bigamy"/>, of feloniously marrying
<persName id="t19111010-name-124" type="victimName">
<interp inst="t19111010-name-124" type="gender" value="female"/>
<interp inst="t19111010-name-124" type="surname" value="LINDLEY"/>
<interp inst="t19111010-name-124" type="given" value="ADA MAUD"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-27-offence-1 t19111010-name-124"/>Ada Maud Lindley</persName>, his former wife being then alive.</rs> </p>
<p>Prisoner served in the Navy for 15 years, and was discharged with an exemplary character.</p>
<p>
<rs id="t19111010-27-punishment-25" type="punishmentDescription">
<interp inst="t19111010-27-punishment-25" type="punishmentCategory" value="noPunish"/>
<interp inst="t19111010-27-punishment-25" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-27-19111010 t19111010-27-punishment-25"/>Sentence was postponed till next Sessions, prisoner to remain in custody</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-28">
<interp inst="t19111010-28" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-28" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-28-charge-1" targOrder="Y" targets="def1-28-19111010 t19111010-28-offence-1 t19111010-28-verdict-1"/>
<join result="criminalCharge" id="t19111010-28-charge-2" targOrder="Y" targets="def1-28-19111010 t19111010-28-offence-2 t19111010-28-verdict-1"/>
<join result="criminalCharge" id="t19111010-28-charge-3" targOrder="Y" targets="def1-28-19111010 t19111010-28-offence-3 t19111010-28-verdict-1"/>
<join result="criminalCharge" id="t19111010-28-charge-4" targOrder="Y" targets="def2-28-19111010 t19111010-28-offence-1 t19111010-28-verdict-1"/>
<join result="criminalCharge" id="t19111010-28-charge-5" targOrder="Y" targets="def2-28-19111010 t19111010-28-offence-2 t19111010-28-verdict-1"/>
<join result="criminalCharge" id="t19111010-28-charge-6" targOrder="Y" targets="def2-28-19111010 t19111010-28-offence-3 t19111010-28-verdict-1"/>
<join result="criminalCharge" id="t19111010-28-charge-7" targOrder="Y" targets="def3-28-19111010 t19111010-28-offence-1 t19111010-28-verdict-1"/>
<join result="criminalCharge" id="t19111010-28-charge-8" targOrder="Y" targets="def3-28-19111010 t19111010-28-offence-2 t19111010-28-verdict-1"/>
<join result="criminalCharge" id="t19111010-28-charge-9" targOrder="Y" targets="def3-28-19111010 t19111010-28-offence-3 t19111010-28-verdict-1"/>
<join result="criminalCharge" id="t19111010-28-charge-10" targOrder="Y" targets="def4-28-19111010 t19111010-28-offence-1 t19111010-28-verdict-2"/>
<join result="criminalCharge" id="t19111010-28-charge-11" targOrder="Y" targets="def4-28-19111010 t19111010-28-offence-2 t19111010-28-verdict-2"/>
<join result="criminalCharge" id="t19111010-28-charge-12" targOrder="Y" targets="def5-28-19111010 t19111010-28-offence-2 t19111010-28-verdict-1"/>
<p>
<persName id="def1-28-19111010" type="defendantName">
<interp inst="def1-28-19111010" type="gender" value="male"/>
<interp inst="def1-28-19111010" type="age" value="21"/>
<interp inst="def1-28-19111010" type="surname" value="MILES"/>
<interp inst="def1-28-19111010" type="given" value="HARRY"/>
<interp inst="def1-28-19111010" type="occupation" value="engine cleaner"/>
<hi rend="largeCaps">MILES</hi>, Harry (21, engine cleaner)</persName>,
<persName id="def2-28-19111010" type="defendantName">
<interp inst="def2-28-19111010" type="gender" value="male"/>
<interp inst="def2-28-19111010" type="age" value="19"/>
<interp inst="def2-28-19111010" type="surname" value="GREEN"/>
<interp inst="def2-28-19111010" type="given" value="HERBERT JAMES CHARLES"/>
<interp inst="def2-28-19111010" type="occupation" value="engine cleaner"/>
<hi rend="largeCaps">GREEN</hi>, Herbert James Charles (19, engine cleaner)</persName>,
<persName id="def3-28-19111010" type="defendantName">
<interp inst="def3-28-19111010" type="gender" value="male"/>
<interp inst="def3-28-19111010" type="age" value="17"/>
<interp inst="def3-28-19111010" type="surname" value="SELF"/>
<interp inst="def3-28-19111010" type="given" value="GEORGE FREDERICK"/>
<interp inst="def3-28-19111010" type="occupation" value="engine cleaner"/>
<hi rend="largeCaps">SELF</hi>, George Frederick (17, engine cleaner)</persName>,
<persName id="def4-28-19111010" type="defendantName">
<interp inst="def4-28-19111010" type="gender" value="female"/>
<interp inst="def4-28-19111010" type="age" value="22"/>
<interp inst="def4-28-19111010" type="surname" value="CRESSWELL"/>
<interp inst="def4-28-19111010" type="given" value="ELIZABETH MARY"/>
<interp inst="def4-28-19111010" type="occupation" value="servant"/>
<hi rend="largeCaps">CRESSWELL</hi>, Elizabeth Mary (22, servant)</persName>, and
<persName id="def5-28-19111010" type="defendantName">
<interp inst="def5-28-19111010" type="gender" value="female"/>
<interp inst="def5-28-19111010" type="age" value="18"/>
<interp inst="def5-28-19111010" type="surname" value="GUY"/>
<interp inst="def5-28-19111010" type="given" value="MARY"/>
<interp inst="def5-28-19111010" type="occupation" value=""/>
<hi rend="largeCaps">GUY</hi>, Mary (18)</persName>
<rs id="t19111010-28-offence-1" type="offenceDescription">
<interp inst="t19111010-28-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111010-28-offence-1" type="offenceSubcategory" value="housebreaking"/>. Miles, Green, Self, and Cresswell breaking and entering the dwelling-house of
<persName id="t19111010-name-130" type="victimName">
<interp inst="t19111010-name-130" type="gender" value="female"/>
<interp inst="t19111010-name-130" type="surname" value="WHEELER"/>
<interp inst="t19111010-name-130" type="given" value="ALICE"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-28-offence-1 t19111010-name-130"/>Alice Wheeler</persName> and stealing therein one costume and other articles, her goods</rs>;
<rs id="t19111010-28-offence-2" type="offenceDescription">
<interp inst="t19111010-28-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19111010-28-offence-2" type="offenceSubcategory" value="simpleLarceny"/>all stealing five quilts and other articles, the goods of
<persName id="t19111010-name-131" type="victimName">
<interp inst="t19111010-name-131" type="gender" value="female"/>
<interp inst="t19111010-name-131" type="surname" value="MALLAN"/>
<interp inst="t19111010-name-131" type="given" value="FLORA"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-28-offence-2 t19111010-name-131"/>Flora Mallan</persName> </rs>; Miles, Green, and Self
<rs id="t19111010-28-offence-3" type="offenceDescription">
<interp inst="t19111010-28-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t19111010-28-offence-3" type="offenceSubcategory" value="forgery"/>forging and uttering, knowing the same to be forged, an order for the payment of money, to wit, a "pay to bearer wages" form for the sum of ₤4 3s. 9d., with intent to defraud the London and South-Western Railway Company, their masters</rs>.</p>
<p>Miles, Green, Self, and Guy
<rs id="t19111010-28-verdict-1" type="verdictDescription">
<interp inst="t19111010-28-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-28-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>; Cresswell
<rs id="t19111010-28-verdict-2" type="verdictDescription">
<interp inst="t19111010-28-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-28-verdict-2" type="verdictSubcategory" value="pleadedPartGuilty"/>pleaded guilty of receiving</rs>.</p>
<p>Sentences, Miles,
<rs id="t19111010-28-punishment-26" type="punishmentDescription">
<interp inst="t19111010-28-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-28-punishment-26" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-28-19111010 t19111010-28-punishment-26"/>Fifteen months' hard labour</rs>; Green,
<rs id="t19111010-28-punishment-27" type="punishmentDescription">
<interp inst="t19111010-28-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-28-punishment-27" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-28-19111010 t19111010-28-punishment-27"/>Twelve months' hard labour</rs>; Self,
<rs id="t19111010-28-punishment-28" type="punishmentDescription">
<interp inst="t19111010-28-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-28-punishment-28" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-28-19111010 t19111010-28-punishment-28"/>Three months' imprisonment, second division</rs>; Guy
<rs id="t19111010-28-punishment-29" type="punishmentDescription">
<interp inst="t19111010-28-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-28-punishment-29" type="punishmentSubcategory" value="otherInstitution"/>
<join result="defendantPunishment" targOrder="Y" targets="def5-28-19111010 t19111010-28-punishment-29"/>to be detained in a Borstal institution for two years</rs>; Cresswell,
<rs id="t19111010-28-punishment-30" type="punishmentDescription">
<interp inst="t19111010-28-punishment-30" type="punishmentCategory" value="noPunish"/>
<interp inst="t19111010-28-punishment-30" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def4-28-19111010 t19111010-28-punishment-30"/>sentence postponed to next Sessions</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-29">
<interp inst="t19111010-29" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-29" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-29-charge-1" targOrder="Y" targets="def1-29-19111010 t19111010-29-offence-1 t19111010-29-verdict-1"/>
<join result="criminalCharge" id="t19111010-29-charge-2" targOrder="Y" targets="def2-29-19111010 t19111010-29-offence-1 t19111010-29-verdict-1"/>
<join result="criminalCharge" id="t19111010-29-charge-3" targOrder="Y" targets="def3-29-19111010 t19111010-29-offence-1 t19111010-29-verdict-1"/>
<p>
<persName id="def1-29-19111010" type="defendantName">
<interp inst="def1-29-19111010" type="gender" value="male"/>
<interp inst="def1-29-19111010" type="age" value="22"/>
<interp inst="def1-29-19111010" type="surname" value="WHITE"/>
<interp inst="def1-29-19111010" type="given" value="DAVID"/>
<interp inst="def1-29-19111010" type="occupation" value="porter"/>
<hi rend="largeCaps">WHITE</hi>, David (22, porter)</persName>,
<persName id="def2-29-19111010" type="defendantName">
<interp inst="def2-29-19111010" type="gender" value="male"/>
<interp inst="def2-29-19111010" type="age" value="21"/>
<interp inst="def2-29-19111010" type="surname" value="WESTALL"/>
<interp inst="def2-29-19111010" type="given" value="WILLIAM"/>
<interp inst="def2-29-19111010" type="occupation" value="porter"/>
<hi rend="largeCaps">WESTALL</hi>, William (21, porter)</persName>, and
<persName id="def3-29-19111010" type="defendantName">
<interp inst="def3-29-19111010" type="gender" value="male"/>
<interp inst="def3-29-19111010" type="age" value="22"/>
<interp inst="def3-29-19111010" type="surname" value="DALEY"/>
<interp inst="def3-29-19111010" type="given" value="FREDERICK "/>
<interp inst="def3-29-19111010" type="occupation" value="porter"/>DALEY, Frederick, otherwise
<rs id="t19111010-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def3-29-19111010 t19111010-alias-1"/>ROBERTS</rs> (22, porter)</persName>; all
<rs id="t19111010-29-verdict-1" type="verdictDescription">
<interp inst="t19111010-29-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-29-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guility</rs>
<rs id="t19111010-29-offence-1" type="offenceDescription">
<interp inst="t19111010-29-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111010-29-offence-1" type="offenceSubcategory" value="burglary"/>of burglary in the dwelling house of
<persName id="t19111010-name-135" type="victimName">
<interp inst="t19111010-name-135" type="gender" value="female"/>
<interp inst="t19111010-name-135" type="surname" value="BUTLER"/>
<interp inst="t19111010-name-135" type="given" value="JANE"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-29-offence-1 t19111010-name-135"/>Jane Butler</persName> and
<persName id="t19111010-name-136" type="victimName">
<interp inst="t19111010-name-136" type="gender" value="female"/>
<interp inst="t19111010-name-136" type="surname" value="BUTLER"/>
<interp inst="t19111010-name-136" type="given" value="LOUISA"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-29-offence-1 t19111010-name-136"/>Louisa Butler</persName> and stealing therein one brooch, two knives, and other articles, their goods.</rs> </p>
<p>White and Daley confessed to have been convicted together on May 3 1910, at the County of London Sessions, both receiving 15 months' hard labour, for warehouse breaking after two previous convictions in each case.</p>
<p>Since his release on May 22, 1911, White was stated to have done some work. Westall was stated to be of good character.</p>
<p>Sentences, White,
<rs id="t19111010-29-punishment-31" type="punishmentDescription">
<interp inst="t19111010-29-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-29-punishment-31" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-29-19111010 t19111010-29-punishment-31"/>Eighteen months' hard labour</rs>; Daley,
<rs id="t19111010-29-punishment-32" type="punishmentDescription">
<interp inst="t19111010-29-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-29-punishment-32" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-29-19111010 t19111010-29-punishment-32"/>Eighteen months' hard labour</rs>; Westall,
<rs id="t19111010-29-punishment-33" type="punishmentDescription">
<interp inst="t19111010-29-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-29-punishment-33" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-29-19111010 t19111010-29-punishment-33"/>Six months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-30">
<interp inst="t19111010-30" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-30" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-30-charge-1" targOrder="Y" targets="def1-30-19111010 t19111010-30-offence-1 t19111010-30-verdict-1"/>
<p>
<persName id="def1-30-19111010" type="defendantName">
<interp inst="def1-30-19111010" type="gender" value="male"/>
<interp inst="def1-30-19111010" type="age" value="32"/>
<interp inst="def1-30-19111010" type="surname" value="O'CONNOR"/>
<interp inst="def1-30-19111010" type="given" value="DANIEL"/>
<interp inst="def1-30-19111010" type="occupation" value="miner"/>
<hi rend="largeCaps">O'CONNOR</hi>, Daniel (32, miner)</persName>
<rs id="t19111010-30-offence-1" type="offenceDescription">
<interp inst="t19111010-30-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19111010-30-offence-1" type="offenceSubcategory" value="robbery"/>, robbery with violence upon
<persName id="t19111010-name-138" type="victimName">
<interp inst="t19111010-name-138" type="gender" value="male"/>
<interp inst="t19111010-name-138" type="surname" value="DAMAYNE"/>
<interp inst="t19111010-name-138" type="given" value="ARTHUR"/>
<interp inst="t19111010-name-138" type="occupation" value="seaman"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-30-offence-1 t19111010-name-138"/>Arthur Damayne</persName> and stealing from him ₤1 7s. 6d., his moneys.</rs> </p>
<xptr type="pageFacsimile" doc="191110100057"/>
<p>Mr. Bryan prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-139" type="witnessName">
<interp inst="t19111010-name-139" type="gender" value="male"/>
<interp inst="t19111010-name-139" type="surname" value="DAMAYNE"/>
<interp inst="t19111010-name-139" type="given" value="ARTHUR"/>ARTHUR DAMAYNE</persName> </hi>, seaman. About 5 p.m. on October 3 I was drinking in a public-house in Whitechapel and got into conversation with the prisoner, who was a stranger to me. We had drinks at several houses, than prisoner said that I looked dirty and he could take me to where I could wash; I then went with him to a lodging-house, and was washing in the scullery when prisoner came behind me, put his hand over my eyes and took from my trouser pockets all my money, 27s. 6d. I said, "Give me my money back." He said, "I will give you your money back—if you say another word I will smash, your brains out." He then walked sharply out of the house; I followed, complained to a police-constable and, after searching through several public-houses, we found prisoner drinking with six other men. I at once recognised him and am sure he is the man. I gave him into custody, charging him with stealing my money; he said, "You have got the wrong man this time."Prisoner was searched and foreign coin produced belonging to me was found on him. I found him 20 minutes after he robbed me. I was not sober and I was not drunk.</p>
<p>Police-Constable
<hi rend="smallCaps">HARRY TILLING</hi>, 254 H, corroborated. I found on prisoner 4s. 5d. and a foreign coin. We found prisoner in the "Archers" public-house, Osborne Street, five minutes' walk from the common lodging house in which prosecutor says he was robbed. He made no reply to the charge.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-140" type="witnessName">
<interp inst="t19111010-name-140" type="gender" value="male"/>
<interp inst="t19111010-name-140" type="surname" value="O'CONNOR"/>
<interp inst="t19111010-name-140" type="given" value="DANIEL"/>DANIEL O'CONNOR</persName> </hi>(prisoner, on oath). On the night of October 3 I met prisoner and had some drinks with him. He was drunk. I sug
<lb/>gested that we should go and have a wash and took him to a house where I had stayed. I did not touch him or rob him. While I was washing he turned round to me and said I had his money. I denied it and went out. As I was going out I picked up coin produced from the floor.</p>
<p>Verdict,
<rs id="t19111010-30-verdict-1" type="verdictDescription">
<interp inst="t19111010-30-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-30-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>(Friday, October 13). Prisoner confessed to having been convicted at Bow Street on July 20, 1908, receiving six months' hard labour for stealing a watch and chain, after two short convictions. Since his release on May 11, 1908, prisoner was stated to have been regularly working as a miner in Glamorganshire.
<rs id="t19111010-30-punishment-34" type="punishmentDescription">
<interp inst="t19111010-30-punishment-34" type="punishmentCategory" value="noPunish"/>
<interp inst="t19111010-30-punishment-34" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-30-19111010 t19111010-30-punishment-34"/>Sentence postponed to next Sessions</rs>.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">MR. JUSTICE SCRUTTON</hi>.</p>
<p>(Friday, October 13.)</p> </div1>
<div1 type="trialAccount" id="t19111010-31">
<interp inst="t19111010-31" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-31" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-31-charge-1" targOrder="Y" targets="def1-31-19111010 t19111010-31-offence-1 t19111010-31-verdict-1"/>
<p>
<persName id="def1-31-19111010" type="defendantName">
<interp inst="def1-31-19111010" type="gender" value="male"/>
<interp inst="def1-31-19111010" type="age" value="59"/>
<interp inst="def1-31-19111010" type="surname" value="PLUCKROSE"/>
<interp inst="def1-31-19111010" type="given" value="JAMES JOHN"/>
<interp inst="def1-31-19111010" type="occupation" value="moulder"/>
<hi rend="largeCaps">PLUCKROSE</hi>, James John (59, moulder)</persName>
<rs id="t19111010-31-offence-1" type="offenceDescription">
<interp inst="t19111010-31-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19111010-31-offence-1" type="offenceSubcategory" value="manslaughter"/>, indicted for and charged on the Coroner's inquisition with the manslaughter of his wife,
<persName id="t19111010-name-142" type="victimName">
<interp inst="t19111010-name-142" type="gender" value="female"/>
<interp inst="t19111010-name-142" type="surname" value="PLUCKROSE"/>
<interp inst="t19111010-name-142" type="given" value="CHARLOTTE"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-31-offence-1 t19111010-name-142"/>Char
<lb/>lotte Pluckrose</persName> </rs>, pleaded guilty.</p>
<p>Mr. Graham-Campbell prosecuted; Mr. Percy Oliver appeared for prisoner.</p>
<p>Mr. Justice Scrutton: I understand that in this case prisoner was indicted for murder, and that the Grand Jury threw out the bill, a</p>
<xptr type="pageFacsimile" doc="191110100058"/>
<p>course which they have followed in three other cases. I can only say that I think such a course is extremely to be regretted. The prisoner has to come for trial anyhow, and it is very unfortunate that the Grand Jury, without any direction in law from the Judge as to the difference between murder and manslaughter (an obscure subject which even some of us do not completely understand), should take upon themselves to settle what crime a prisoner is to be tried for.</p>
<p>Sentence,
<rs id="t19111010-31-punishment-35" type="punishmentDescription">
<interp inst="t19111010-31-punishment-35" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-31-punishment-35" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-31-19111010 t19111010-31-punishment-35"/>Six months' imprisonment, second division.</rs> </p> </div1>
<div1 type="trialAccount" id="t19111010-32">
<interp inst="t19111010-32" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-32" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-32-charge-1" targOrder="Y" targets="def1-32-19111010 t19111010-32-offence-1 t19111010-32-verdict-1"/>
<join result="criminalCharge" id="t19111010-32-charge-2" targOrder="Y" targets="def2-32-19111010 t19111010-32-offence-1 t19111010-32-verdict-2"/>
<p>
<persName id="def1-32-19111010" type="defendantName">
<interp inst="def1-32-19111010" type="gender" value="male"/>
<interp inst="def1-32-19111010" type="age" value="22"/>
<interp inst="def1-32-19111010" type="surname" value="GALE"/>
<interp inst="def1-32-19111010" type="given" value="ALBERT"/>
<interp inst="def1-32-19111010" type="occupation" value="printer"/>
<hi rend="largeCaps">GALE</hi>, Albert (22, printer)</persName>, and
<persName id="def2-32-19111010" type="defendantName">
<interp inst="def2-32-19111010" type="gender" value="female"/>
<interp inst="def2-32-19111010" type="age" value="28"/>
<interp inst="def2-32-19111010" type="surname" value="GALE"/>
<interp inst="def2-32-19111010" type="given" value="ELIZABETH"/>
<interp inst="def2-32-19111010" type="occupation" value="laundress"/>
<hi rend="largeCaps">GALE</hi>, Elizabeth (28, laundress)</persName>, were indicted
<rs id="t19111010-32-offence-1" type="offenceDescription">
<interp inst="t19111010-32-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19111010-32-offence-1" type="offenceSubcategory" value="manslaughter"/> for the manslaughter of a newly-born male child. (The Grand Jury had thrown out the bill for murder).</rs> </p>
<p>Mr. Graham-Campbell prosecuted; Mr. Warburton appeared for prisoners.</p>
<p>The jury were first sworn to try whether Albert Gale was sane and fit to stand his trial.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-145" type="witnessName">
<interp inst="t19111010-name-145" type="gender" value="male"/>
<interp inst="t19111010-name-145" type="surname" value="DYER"/>
<interp inst="t19111010-name-145" type="given" value="SIDNEY REGINALD"/>SIDNEY REGINALD DYER</persName> </hi>, medical officer, Brixton Prison. I have had prisoner under my special observation since September 8, and have made myself acquainted with his family history. I do not think he has sufficient intellect to comprehend the proceedings or to make a proper defence. I consider him an imbecile.</p>
<p>The jury returned a
<rs id="t19111010-32-verdict-1" type="verdictDescription">
<interp inst="t19111010-32-verdict-1" type="verdictCategory" value="miscVerdict"/>
<interp inst="t19111010-32-verdict-1" type="verdictSubcategory" value="unfitToPlead"/>verdict of "Insane</rs>, " and Albert Gale
<rs id="t19111010-32-punishment-36" type="punishmentDescription">
<interp inst="t19111010-32-punishment-36" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-32-punishment-36" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-32-19111010 t19111010-32-punishment-36"/>was ordered to be detained during His Majesty's pleasure</rs>.</p>
<p>The female prisoner
<rs id="t19111010-32-verdict-2" type="verdictDescription">
<interp inst="t19111010-32-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-32-verdict-2" type="verdictSubcategory" value="pleadedPartGuilty"/>pleaded guilty of concealment of birth. No evidence was offered by the prosecution on the charge of murder, and a verdict of Not guilty was entered on that charge</rs>.</p>
<p>
<hi rend="smallCaps">DR. SULLIVAN</hi>, medical officer, Holloway Prison. I have made a re
<lb/>port on this case. Prisoner is very feeble-minded, and was exposed to considerable privation during her pregnancy.</p>
<p>Sentence,
<rs id="t19111010-32-punishment-37" type="punishmentDescription">
<interp inst="t19111010-32-punishment-37" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-32-punishment-37" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-32-19111010 t19111010-32-punishment-37"/>Three days' imprisonment, entitling prisoner to be at once discharged</rs>.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Friday, October 13.)</p> </div1>
<div1 type="trialAccount" id="t19111010-33">
<interp inst="t19111010-33" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-33" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-33-charge-1" targOrder="Y" targets="def1-33-19111010 t19111010-33-offence-1 t19111010-33-verdict-1"/>
<p>
<persName id="def1-33-19111010" type="defendantName">
<interp inst="def1-33-19111010" type="gender" value="male"/>
<interp inst="def1-33-19111010" type="age" value="24"/>
<interp inst="def1-33-19111010" type="surname" value="BRETT"/>
<interp inst="def1-33-19111010" type="given" value="EDWARD"/>
<interp inst="def1-33-19111010" type="occupation" value="tailor"/>
<hi rend="largeCaps">BRETT</hi>, Edward (24, tailor)</persName>
<rs id="t19111010-33-offence-1" type="offenceDescription">
<interp inst="t19111010-33-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111010-33-offence-1" type="offenceSubcategory" value="forgery"/>, forging and uttering, knowing the same to be forged, an order for the payment of money, to wit, a banker's cheque for ₤60 9s. 6d., with intent to defraud.</rs> </p>
<p>Prisoner
<rs id="t19111010-33-verdict-1" type="verdictDescription">
<interp inst="t19111010-33-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-33-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>pleaded guilty of uttering, which plea was accepted by the prosecution</rs>. Prisoner confessed to having been convicted on August 10, 1909, at Newington Sessions, receiving 18 months' hard labour for house-breaking. Three other convictions of two, eight, and 15 months' hard labour were proved...</p>
<p>Sentence,
<rs id="t19111010-33-punishment-38" type="punishmentDescription">
<interp inst="t19111010-33-punishment-38" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-33-punishment-38" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-33-19111010 t19111010-33-punishment-38"/>Twenty-two months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-34">
<interp inst="t19111010-34" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-34" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-34-charge-1" targOrder="Y" targets="def1-34-19111010 t19111010-34-offence-1 t19111010-34-verdict-1"/>
<join result="criminalCharge" id="t19111010-34-charge-2" targOrder="Y" targets="def2-34-19111010 t19111010-34-offence-1 t19111010-34-verdict-1"/>
<p>
<persName id="def1-34-19111010" type="defendantName">
<interp inst="def1-34-19111010" type="gender" value="male"/>
<interp inst="def1-34-19111010" type="surname" value="WAITE"/>
<interp inst="def1-34-19111010" type="given" value="JAMES WILLIAM"/>
<hi rend="largeCaps">WAITE</hi>, James William</persName>, and
<persName id="def2-34-19111010" type="defendantName">
<interp inst="def2-34-19111010" type="gender" value="male"/>
<interp inst="def2-34-19111010" type="surname" value="POWELL"/>
<interp inst="def2-34-19111010" type="given" value="THOMAS"/>
<hi rend="largeCaps">POWELL</hi>, Thomas</persName> both
<rs id="t19111010-34-verdict-1" type="verdictDescription">
<interp inst="t19111010-34-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-34-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-34-offence-1" type="offenceDescription">
<interp inst="t19111010-34-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111010-34-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, of stealing six metal filament lamps on
<rs id="t19111010-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19111010-34-offence-1 t19111010-cd-3"/>August 23, 1911</rs>, and six metal filament lamps on
<rs id="t19111010-cd-4" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19111010-34-offence-1 t19111010-cd-4"/>September 14, 1911</rs>, the goods of
<persName id="t19111010-name-149" type="victimName">
<interp inst="t19111010-name-149" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-34-offence-1 t19111010-name-149"/>Siemen's Brothers Dynamo Works, Limited</persName>, the employers of the said J. W. Waite; between February 1, and September 19, 1911, unlawfully conspiring and agreeing together by divers fraudulent transactions and false entries to defraud Siemen'a Brothers Dynamo Works, Limited, of their goods</rs>.</p>
<xptr type="pageFacsimile" doc="191110100059"/>
<p>Both prisoners were stated to be of good character; the prosecutors recommended Waite to mercy.</p>
<p>Sentence (Powell),
<rs id="t19111010-34-punishment-39" type="punishmentDescription">
<interp inst="t19111010-34-punishment-39" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-34-punishment-39" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-34-19111010 t19111010-34-punishment-39"/>Nine months' hard labour</rs>;
<rs id="t19111010-34-punishment-40" type="punishmentDescription">
<interp inst="t19111010-34-punishment-40" type="punishmentCategory" value="noPunish"/>
<interp inst="t19111010-34-punishment-40" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-34-19111010 t19111010-34-punishment-40"/>sentence on Waite was postponed to next Sessions</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-35">
<interp inst="t19111010-35" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-35" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-35-charge-1" targOrder="Y" targets="def1-35-19111010 t19111010-35-offence-1 t19111010-35-verdict-1"/>
<join result="criminalCharge" id="t19111010-35-charge-2" targOrder="Y" targets="def2-35-19111010 t19111010-35-offence-1 t19111010-35-verdict-1"/>
<p>
<persName id="def1-35-19111010" type="defendantName">
<interp inst="def1-35-19111010" type="gender" value="male"/>
<interp inst="def1-35-19111010" type="age" value="26"/>
<interp inst="def1-35-19111010" type="surname" value="SMITH"/>
<interp inst="def1-35-19111010" type="given" value="ALBERT"/>
<interp inst="def1-35-19111010" type="occupation" value="Labourer"/>
<hi rend="largeCaps">SMITH</hi>, Albert (26, Labourer)</persName> and
<persName id="def2-35-19111010" type="defendantName">
<interp inst="def2-35-19111010" type="gender" value="male"/>
<interp inst="def2-35-19111010" type="age" value="29"/>
<interp inst="def2-35-19111010" type="surname" value="CRAIG"/>
<interp inst="def2-35-19111010" type="given" value="GEORGE HENRY"/>
<interp inst="def2-35-19111010" type="occupation" value="labourer"/>
<hi rend="largeCaps">CRAIG</hi>, George Henry (29 labourer)</persName>
<rs id="t19111010-35-offence-1" type="offenceDescription">
<interp inst="t19111010-35-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19111010-35-offence-1" type="offenceSubcategory" value="robbery"/>; robbery with violence upon
<persName id="t19111010-name-152" type="victimName">
<interp inst="t19111010-name-152" type="gender" value="male"/>
<interp inst="t19111010-name-152" type="surname" value="BEARD"/>
<interp inst="t19111010-name-152" type="given" value="HENRY"/>
<interp inst="t19111010-name-152" type="occupation" value="policeman"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-35-offence-1 t19111010-name-152"/>Henry Beard</persName> and stealing from him a portion of a watch chain, his goods.</rs> </p>
<p>Mr. Warburton prosecuted; Mr. A. C. Fox-Davies defended Smith; Mr. T. A. Pace defended Craig.</p>
<p>Police-constable
<hi rend="smallCaps">HENRY BEARD</hi>, 200 G. On Saturday, September 25, at about 11.50 p.m. I was in plain clothes and was getting off a tram at the corner of Essex Street and Kingsland Road, when the prisoner Smith, who was standing at the corner, tripped me up. I fell to the ground and he clutched at my gold watch and chain (produced). I wrestled with him, when I was struck a violent blow on the jaw by the prisoner Craig. I let go Smith and caught Craig. Smith ran down the Essex Road and was arrested by Police-constable Webb. Craig kicked me on the side. Sergeant Orr came to my assistance and Oraig was taken to the station. I lost part of my gold chain, value ₤2 10s. I was on the sick list for eight days owing to my injuries. When charged Smith said, "I was walking along the road with my wife when he asked her to spend the night with him." Craig said, "This is what I have got for helping him." I had not spoken to Smith's wife. Cross-examined. Smith was not drunk, he did not lurch up to me. A crowd collected. I was well enough next day to give evidence at the police-court. (To Mr. Pace.) I did not notice Craig before he struck me.</p>
<p>Police-constable
<hi rend="smallCaps">ERNEST WEBB</hi>, 135 G. On Saturday, September 25, at 11.55 p.m. I was in uniform in Essex Street, when I saw a souffle at the corner of Kingsland Road. Smith ran up Essex Street; when he saw me he ran back. I caught him; he said, "I have not got it." I had said nothing to him before. I took him to the sitation; be struggled violently; two women and a man tried to assist Smith to get away; I used my truncheon on the man. Both prisoners were sober.</p>
<p>Cross-examined. Craig at the police-station said, "This is what I get for helping him"—meaning the police-constable.</p>
<p>Sergeant
<hi rend="smallCaps">ALEXANDER ORR</hi>, 36 G. About 11.45 p.m. on September 25 I saw Craig and Beard struggling on the ground, Craig kicking Beard. I assisted in taking Craig, who was very violent, to the station.</p>
<p>Prisoners' statements before the magistrate: Smith, "I never touched the man; I was along with my wife." Craig, "I never touched the gentleman."</p>
<xptr type="pageFacsimile" doc="191110100060"/>
<p>(Defence of Smith.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-153" type="witnessName">
<interp inst="t19111010-name-153" type="gender" value="male"/>
<interp inst="t19111010-name-153" type="surname" value="GOLD"/>
<interp inst="t19111010-name-153" type="given" value="FREDERICK"/>FREDERICK GOLD</persName> </hi>, potman at the "Star and Woolpack" public-house, 132, Kingsland Road. My public-house is a stone's throw from the corner of Essex Street and Kingsland Road. On September 25 at 11.55 p.m. Smith came into my public-house and asked for a glass of ale; a woman came in and said, "Will you eject my husband, as he is drunk." I did so because I saw he was drunk.</p>
<p>Cross-examined. I gave a proof to a solicitor. I identify the man in the dock as being the man who came into my public-house, although the only time I over saw him was when I ejected him for being drunk.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-154" type="witnessName">
<interp inst="t19111010-name-154" type="gender" value="male"/>
<interp inst="t19111010-name-154" type="surname" value="SMITH"/>
<interp inst="t19111010-name-154" type="given" value="ALBERT"/>ALBERT SMITH</persName> </hi>(prisoner, on oath). My real name is Heath. On the might of Saturday, September 25, I was so drunk that I did not re
<lb/>member anything until I woke up in the police-station the next morning.</p>
<p>Mrs.
<hi rend="smallCaps">LOUISA HEATH</hi>, wife of the prisoner Smith, 29, Long Street, Hackney. On Saturday, September 25, I met my husband, who was drunk, at 11.30 p.m. We walked along the Kingsland Road to the "Woolpack" public-house. My husband went in; I followed and prevented him from being served. We went across the road, met his brother and his brother's wife and all went into the "Carpenter's Arms" public-house, leaving Smith outside. When I came out I saw Smith across the road scuffling with another man. I said, "Do not touch my husband, he is only drunk, " when a police-constable took Smith to the station. I have since seen Gold, the potman.</p>
<p>Cross-examined by Mr. Warburton. Smith could not possibly have run up Essex Street. (To Mr. Pace.) I did not see Craig that night. I do not know him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-155" type="witnessName">
<interp inst="t19111010-name-155" type="gender" value="male"/>
<interp inst="t19111010-name-155" type="surname" value="HEATH"/>
<interp inst="t19111010-name-155" type="given" value="HENRY"/>HENRY HEATH</persName> </hi>, brother of prisoner Smith, 13, Essex Street, umbrella maker. On Saturday, September 25, at about 11.5 p.m. I met Smith, his wife, and my wife at the corner of Essex Street; Craig was standing at the other corner. I invited them all into the "Carpenter's Arms" to have a drink, but I did not give Smith a drink because he was drunk. When I came out I noticed he was on the other side of the road in a squabble with another man. I walked across with Craig and said, "He is only drunk." Smith could not have run away. I picked up Beard's hat and gave it to him. I did not follow to the station.</p>
<p>Cross-examined. Police-constable Webb hit me with his truncheon. (To Mr. Pace.) Craig did nothing but try to separate Beard and Smith.</p>
<p>(Saturday, October 14.) Mrs.
<hi rend="smallCaps">ROSE HEATH</hi>, wife of Henry Heath,
<hi rend="italic">corroborated him</hi>.</p>
<p>(Defence of Craig.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-156" type="witnessName">
<interp inst="t19111010-name-156" type="gender" value="male"/>
<interp inst="t19111010-name-156" type="surname" value="CRAIG"/>
<interp inst="t19111010-name-156" type="given" value="GEORGE HENRY"/>GEORGE HENRY CRAIG</persName> </hi>(prisoner, on oath). I live at 3, Cambridge Terrace, Hackney Green. On the night of my arrest Heath invited me to have a drink. Smith, whom I had known a week previously, was also there. We came out and all of a sudden I saw Smith, who</p>
<xptr type="pageFacsimile" doc="191110100061"/>
<p>was drunk, struggling with Beard. I and his brother, Heath, went across the road to stop them. I said, "He is only drunk"; Beard then let go of Smith, caught me and said, "I am a police officer." I said, "I have done nothing to you, let me go, I have done no wrong." He threw me to the ground; I started struggling, was arrested, and taken to the station.</p>
<p>Police-constable
<hi rend="smallCaps">HENRY BEARD</hi>, recalled. Nobody handed me my hat; I never recovered my hat.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-157" type="witnessName">
<interp inst="t19111010-name-157" type="gender" value="male"/>
<interp inst="t19111010-name-157" type="surname" value="HEATH"/>
<interp inst="t19111010-name-157" type="given" value="HENRY"/>HENRY HEATH</persName> </hi>, recalled. I handed Police-constable Beard his straw hat, he might have lost it afterwards. Verdict (each),
<rs id="t19111010-35-verdict-1" type="verdictDescription">
<interp inst="t19111010-35-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-35-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Smith confessed to having been convicted at this Court on Decem
<lb/>ber 8, 1908, receiving three years' penal servitude for warehouse break
<lb/>ing, having 278 days still to serve, after three previous convictions, including nine and 18 months. Craig confessed to having been con
<lb/>victed at this Court on September 10, 1907, receiving five years' penal servitude for warehouse breaking, having one year and 103 days to serve, after convictions of three, three, 12, six, six, 12, and 21 months. Sentences, Smith,
<rs id="t19111010-35-punishment-41" type="punishmentDescription">
<interp inst="t19111010-35-punishment-41" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-35-punishment-41" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-35-19111010 t19111010-35-punishment-41"/>five years' penal servitude</rs>; Craig,
<rs id="t19111010-35-punishment-42" type="punishmentDescription">
<interp inst="t19111010-35-punishment-42" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-35-punishment-42" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-35-19111010 t19111010-35-punishment-42"/>six years' penal servitude</rs>.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE COMMON SERJEANT</hi>. (Friday, October 13.)</p> </div1>
<div1 type="trialAccount" id="t19111010-36">
<interp inst="t19111010-36" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-36" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-36-charge-1" targOrder="Y" targets="def1-36-19111010 t19111010-36-offence-1 t19111010-36-verdict-1"/>
<p>
<persName id="def1-36-19111010" type="defendantName">
<interp inst="def1-36-19111010" type="gender" value="male"/>
<interp inst="def1-36-19111010" type="age" value="27"/>
<interp inst="def1-36-19111010" type="surname" value="CARSBERG"/>
<interp inst="def1-36-19111010" type="given" value="THOMAS ALBERT"/>
<interp inst="def1-36-19111010" type="occupation" value="attendant"/>
<hi rend="largeCaps">CARSBERG</hi>, Thomas Albert (27, attendant)</persName>
<rs id="t19111010-36-offence-1" type="offenceDescription">
<interp inst="t19111010-36-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19111010-36-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counterfeit coin twice on the same day, having more in his possession</rs>.</p>
<p>Mr. Beaumont Morice prosecuted; Mr. Beresford defended.
<hi rend="smallCaps">MAGGIE SPARKES</hi>, assistant to F. J. Bunker, dairyman, 146, Green Lanes. Between 6 and 8 p.m. on September 6 I served prisoner with two eggs in a bag similar to this (Exhibit 3), on which was Mr. Bunker's name. He tendered this shilling (produced), and I gave him 10d. change. I put it in the till amongst the other silver.</p>
<p>Cross-examined. I have no special reason for identifying the shilling; anyone might have given it me. A few minutes elapsed before I identified prisoner at the police-station, I saw the row of men. I went to the door and then came back again. I did not go out. I said to Sergeant Haynes, "I can see the man, " and he said, " Go and touch him."</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-159" type="witnessName">
<interp inst="t19111010-name-159" type="gender" value="indeterminate"/>
<interp inst="t19111010-name-159" type="surname" value="BRAZIER"/>
<interp inst="t19111010-name-159" type="given" value="MAGALIA"/>MAGALIA BRAZIER</persName> </hi>, confectioner, Newington Green Road. About 7 p.m. on September 6, prisoner came in and asked for a pennyworth of assorted chocolates. He tendered me a shilling in payment, and I placed it in the till in which there was no other silver. I went to the parlour to get change, and on returning I took it out. I asked my son to light the gas. I then went into the parlour, put the shilling between my teeth and it bent. I came back and said to prisoner, "This is a funny coin you are trying to pass on me; it is a bad one, "and returned it to him. He said, "I know where I got it from; I received it from a public-house in change for half-a-crown. I will take it back." He</p>
<xptr type="pageFacsimile" doc="191110100062"/>
<p>gave me a good shilling and left the shop. I subsequently identified him without difficulty.</p>
<p>Cross-examined. Prisoner offered to light the gas, but I would not let him do it. I took the shilling out of the till, because it ought not to have been put there.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-160" type="witnessName">
<interp inst="t19111010-name-160" type="gender" value="female"/>
<interp inst="t19111010-name-160" type="surname" value="BROOKS"/>
<interp inst="t19111010-name-160" type="given" value="JANE ELIZABETH"/>JANE ELIZABETH BROOKS</persName> </hi>, confectioner, Green Lanes, Stoke Newing
<lb/>ton. Between 8 and 8.30 p.m. on September 6 prisoner came in and asked for a pennyworth of Arabian gums. He tendered a shilling in payment, and I gave 11d. change. As soon as he had left I discovered the shilling was bad, and I went to the door to see if I could see him. I saw him looking round the corner, and as soon as he saw me he turned from the corner. I went in again to serve another customer, and then went to the door a second time. I saw prisoner round the corner. Each time he saw me he bobbed back. I sent a constable after him. He brought him back into the shop. The constable said to him, "This lady accuses you of giving her a bad shilling." He said, "Yes, I gave her a shilling." The constable asked him if he had any more bad money, and he said, "Yes, " and took out of his pocket another shilling, which proved to be bad also. I gave the constable the shilling pri
<lb/>soner had tendered me.</p>
<p>Cross-examined. As soon as I have given change I always put the money in the till. There were a boy and girl in the shop at the time. It would surprise me to know that prisoner stood outside the shop for About two minutes after he left. I found by ringing the shilling on the counter that it was bad before I served my other customers, but I could not leave the shop just then as I was alone.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-161" type="witnessName">
<interp inst="t19111010-name-161" type="gender" value="male"/>
<interp inst="t19111010-name-161" type="surname" value="RICHARDS"/>
<interp inst="t19111010-name-161" type="given" value="HENRY"/>HENRY RICHARDS</persName> </hi>, foreman to F. J. Bunker. On the night of September 6 on counting the till I found this bad shilling, dated 1910.</p>
<p>Cross-examined. Directly I found it I marked it with a pencil, but it is rubbed off now.</p>
<p>Police-constable
<hi rend="smallCaps">CHARLES WILDISH</hi>, 440 N. About 8.40 on September 6 Mrs. Brooks made a communication to me and I arrested prisoner, who was going in the direction of High bury Quadrant. I said, "Have you been to the shop round the corner? " and he said, "Yes." I said, "Do you know you have given the lady a bad shil
<lb/>ling? " He said, "No." I took him back to the shop, where Mrs. Brooks said, "This man has given me a bad shilling, ' and handed me Exhibit 1. Prisoner said, "Yes, I gave the lady that, " and he handed me another saying, "Here is another." I was about to search him when he did that. Both coins are dated 1910. I marked them. I took him to the station and on searching him found two sixpences, two eggs in a bag, two packets of Fry's chocolate, a packet of Woodbine cigarettes, and a pawnticket. When charged he said, "Very good."</p>
<p>Cross-examined. Before Mrs. Brooks made the communication to me I did not notice prisoner at all.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-162" type="witnessName">
<interp inst="t19111010-name-162" type="gender" value="male"/>
<interp inst="t19111010-name-162" type="surname" value="SMITH"/>
<interp inst="t19111010-name-162" type="given" value="SIDNEY WILLIAM"/>SIDNEY WILLIAM SMITH</persName> </hi>, Assistant Assayer, H.M. Mint. The two coins (Exhibits 1 and 2) are both counterfeit, dated 1910, and from the same mould.</p>
<xptr type="pageFacsimile" doc="191110100063"/>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-163" type="witnessName">
<interp inst="t19111010-name-163" type="gender" value="male"/>
<interp inst="t19111010-name-163" type="surname" value="CARSBERG"/>
<interp inst="t19111010-name-163" type="given" value="THOMAS ALBERT"/>THOMAS ALBERT CARSBERG</persName> </hi>(prisoner, on oath), 35, Roman, Road, Barnsbury. I am a married man and have a child; was recently laboratory attendant at the Royal Institute of Public Health. On the evening of September 6 I left home to keep an appointment to meet a friend, Walter Matthews. I put a five-shilling piece in my pocket. I met him and we entered a public-house just by the corner of Balls Pond Road. I paid for drinks with the five-shilling piece and received in change a half-crown, two shillings, and threepence. The threepence I spent in another two drinks. We left there and went into another public-house, where I tendered the half-a-crown in payment for some more drinks and a packet of Woodbines. I received two separate shillings and 2d. change. I then said Good-bye to my friend and turned into Newington Green Road. I had an appointment at 8 p.m. at the corner of Riversdale Road with a Mr. Wilcox. I bought some chocolates from Mrs. Brazier and apologised when she re
<lb/>turned me my shilling, saying it was bad; I said I knew where I had got it and gave her a good shilling. On getting outside I put it in my pocket and thought no more about it. I did not know that the shilling that I tendered to the girl at Bunker's was bad. On leaving there I went to the corner of Riversdale Road, at the corner of which is Mrs. Brooks's shop. I went into the Highbury Quadrant, a public-house just there, and not seeing my friend I came out and went with Mr. Brooks's and bought some gums. I waited outside two or three minutes, waiting for my friend. Not seeing him I went into the public-house again. I occasionally came out and went to the corner to see if my friend was waiting at the next corner. Not seeing him I was going home, when a constable came and took me back to Mrs. Brooks' shop. When she produced the bad shilling I produced the coin Mrs. Brazier had returned to me. The chocolates I bought for my little girl.</p>
<p>Cross-examined. I bad been suspended from work. I wrote on Tuesday and asked Matthews to be here, but I do not know whether he is. I do not know the names of the public-houses I changed the money at, although I could find them. I did not meet my friend Wilcox because I was locked up. I straightened out the first shilling that had been tendered by me, put in into a separate pocket, and forgot all about it. I did not see Mrs. Brooks when I was looking round the corner for my friend.</p>
<p>
<rs id="t19111010-36-verdict-1" type="verdictDescription">
<interp inst="t19111010-36-verdict-1" type="verdictCategory" value="miscVerdict"/>
<interp inst="t19111010-36-verdict-1" type="verdictSubcategory" value="noAgreement"/>After a deliberation of 35 minutes the Jury were unable to agree and were accordingly discharged</rs>.
<rs id="t19111010-36-punishment-43" type="punishmentDescription">
<interp inst="t19111010-36-punishment-43" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19111010-36-punishment-43" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-36-19111010 t19111010-36-punishment-43"/>Prisoner (stating that he had been in custody 41 days) was released on bail on his own recognisances in ₤20 until next Sessions</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-37">
<interp inst="t19111010-37" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-37" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-37-charge-1" targOrder="Y" targets="def1-37-19111010 t19111010-37-offence-1 t19111010-37-verdict-1"/>
<join result="criminalCharge" id="t19111010-37-charge-2" targOrder="Y" targets="def2-37-19111010 t19111010-37-offence-1 t19111010-37-verdict-1"/>
<join result="criminalCharge" id="t19111010-37-charge-3" targOrder="Y" targets="def3-37-19111010 t19111010-37-offence-1 t19111010-37-verdict-1"/>
<p>
<persName id="def1-37-19111010" type="defendantName">
<interp inst="def1-37-19111010" type="gender" value="male"/>
<interp inst="def1-37-19111010" type="age" value="42"/>
<interp inst="def1-37-19111010" type="surname" value="HARVEY"/>
<interp inst="def1-37-19111010" type="given" value="GEORGE"/>
<hi rend="largeCaps">HARVEY</hi>, George (42)</persName>,
<persName id="def2-37-19111010" type="defendantName">
<interp inst="def2-37-19111010" type="gender" value="male"/>
<interp inst="def2-37-19111010" type="surname" value="WILSON"/>
<interp inst="def2-37-19111010" type="given" value="JOHN"/>
<hi rend="largeCaps">WILSON</hi>, John</persName>, and
<persName id="def3-37-19111010" type="defendantName">
<interp inst="def3-37-19111010" type="gender" value="male"/>
<interp inst="def3-37-19111010" type="surname" value="SMITH"/>
<interp inst="def3-37-19111010" type="given" value="THOMAS"/>
<hi rend="largeCaps">SMITH</hi>, Thomas</persName>
<rs id="t19111010-37-verdict-1" type="verdictDescription">
<interp inst="t19111010-37-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-37-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-37-offence-1" type="offenceDescription">
<interp inst="t19111010-37-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19111010-37-offence-1" type="offenceSubcategory" value="coiningOffences"/>, of being in possession of counterfeit coin with intent to utter same.</rs> </p>
<p>Harvey had never been convicted before; he worked when his health permitted him to do so. Against Wilson three previous convictions, the first of which was in 1905 (none for coinage offences), were proved; he had been doing honest work for the past four years. Against Smith</p>
<xptr type="pageFacsimile" doc="191110100064"/>
<p>no previous convictions were recorded, and nothing was known about him.</p>
<p>Sentences: Wilson,
<rs id="t19111010-37-punishment-44" type="punishmentDescription">
<interp inst="t19111010-37-punishment-44" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-37-punishment-44" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-37-19111010 t19111010-37-punishment-44"/>Four months' hard labour</rs>; Smith,
<rs id="t19111010-37-punishment-45" type="punishmentDescription">
<interp inst="t19111010-37-punishment-45" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-37-punishment-45" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-37-19111010 t19111010-37-punishment-45"/>Two months' hard labour</rs>; Harvey
<rs id="t19111010-37-punishment-46" type="punishmentDescription">
<interp inst="t19111010-37-punishment-46" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19111010-37-punishment-46" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-37-19111010 t19111010-37-punishment-46"/>was released on his own recognisances in ₤10 to come up for judgment if called upon</rs>.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">MR. JUSTICE SCRUTTON</hi>.</p>
<p>(Saturday, October 14.)</p> </div1>
<div1 type="trialAccount" id="t19111010-38">
<interp inst="t19111010-38" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-38" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-38-charge-1" targOrder="Y" targets="def1-38-19111010 t19111010-38-offence-1 t19111010-38-verdict-1"/>
<p>
<persName id="def1-38-19111010" type="defendantName">
<interp inst="def1-38-19111010" type="gender" value="male"/>
<interp inst="def1-38-19111010" type="age" value="29"/>
<interp inst="def1-38-19111010" type="surname" value="DIMES"/>
<interp inst="def1-38-19111010" type="given" value="CLIFFORD"/>
<interp inst="def1-38-19111010" type="occupation" value="electrician"/>
<hi rend="largeCaps">DIMES</hi>, Clifford (29, electrician)</persName>
<rs id="t19111010-38-offence-1" type="offenceDescription">
<interp inst="t19111010-38-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19111010-38-offence-1" type="offenceSubcategory" value="rape"/>, rape on
<persName id="t19111010-name-168" type="victimName">
<interp inst="t19111010-name-168" type="gender" value="female"/>
<interp inst="t19111010-name-168" type="surname" value="DIMES"/>
<interp inst="t19111010-name-168" type="given" value="AMY"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-38-offence-1 t19111010-name-168"/>Amy Dimes</persName>; being a male person, unlawfully carnally knowing the said
<persName id="t19111010-name-169" type="victimName">
<interp inst="t19111010-name-169" type="gender" value="female"/>
<interp inst="t19111010-name-169" type="surname" value="DIMES"/>
<interp inst="t19111010-name-169" type="given" value="AMY"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-38-offence-1 t19111010-name-169"/>Amy Dimes</persName>, who to his knowledge was his sister.</rs> </p>
<p>Mr. Leycester and Mr. Adrian Black prosecuted.</p>
<p>Verdict,
<rs id="t19111010-38-verdict-1" type="verdictDescription">
<interp inst="t19111010-38-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-38-verdict-1" type="verdictSubcategory" value="lesserOffence"/>Guilty of incest</rs>.</p>
<p>Sentence,
<rs id="t19111010-38-punishment-47" type="punishmentDescription">
<interp inst="t19111010-38-punishment-47" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-38-punishment-47" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-38-19111010 t19111010-38-punishment-47"/>Three years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-39">
<interp inst="t19111010-39" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-39" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-39-charge-1" targOrder="Y" targets="def1-39-19111010 t19111010-39-offence-1 t19111010-39-verdict-1"/>
<p>
<persName id="def1-39-19111010" type="defendantName">
<interp inst="def1-39-19111010" type="gender" value="female"/>
<interp inst="def1-39-19111010" type="age" value="25"/>
<interp inst="def1-39-19111010" type="surname" value="HORNE"/>
<interp inst="def1-39-19111010" type="given" value="AMELIA JANE"/>
<interp inst="def1-39-19111010" type="occupation" value="bookfolder"/>
<hi rend="largeCaps">HORNE</hi>, Amelia Jane (25, bookfolder)</persName>
<rs id="t19111010-39-offence-1" type="offenceDescription">
<interp inst="t19111010-39-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19111010-39-offence-1" type="offenceSubcategory" value="manslaughter"/>; manslaughter of her infant Child,
<persName id="t19111010-name-171" type="victimName">
<interp inst="t19111010-name-171" type="gender" value="male"/>
<interp inst="t19111010-name-171" type="surname" value="HORNE"/>
<interp inst="t19111010-name-171" type="given" value="WALTER JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-39-offence-1 t19111010-name-171"/>Walter John Home</persName> </rs>. (The Grand Jury had thrown out the bill for murder.)</p>
<p>Mr. Whiteley prosecuted; Mr. Du Pare defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-172" type="witnessName">
<interp inst="t19111010-name-172" type="gender" value="male"/>
<interp inst="t19111010-name-172" type="surname" value="BROOKS"/>
<interp inst="t19111010-name-172" type="given" value="FRANK EDWARD"/>FRANK EDWARD BROOKS</persName> </hi>, 15, Bartholomew Villas, Kentish Town, chemist. On August 30 I was managing a shop for Needham's, Limited, Newington Butts, when a woman, came in with a baby in her arms and asked for six pennyworth of laudanum; that is about an ounce and a half. I do not recognise prisoner as the woman. I supplied the laudanum in bottle produced; it has "Poison" on it and on the back "Not to be taken." She said she Wanted it for a neighbour, and I told her the proper dose internally was not more than five drops.</p>
<p>Cross-examined. There is no direction on the bottle as to dose. There would be enough in the bottle to kill three or four people; we sell a considerable quantify of it; it is a household remedy for diarrhoea and vomiting. I always rely on verbal statements as to the dose. It is a poison that need not be entered in the poisons book.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-173" type="witnessName">
<interp inst="t19111010-name-173" type="gender" value="female"/>
<interp inst="t19111010-name-173" type="surname" value="DAVIS"/>
<interp inst="t19111010-name-173" type="given" value="ELLEN"/>ELLEN DAVIS</persName> </hi>, wife of Ernest Davis, 18, Hale Street, Lambeth. Prisoner and her husband have lived on second floor of our house about 12 months. I have seen a great deal of her and been on friendly terms with them both. On the morning of August 30 prisoner went out with her baby between 11 and 12. The baby was about three months old. I next saw her the same evening about 10 past 7. I went to her room and saw her on the bed with the baby. She was semi-conscious and the baby was unconscious. I saw bottle, pro
<lb/>duced, on the table in the room; it had contained laudanum. There was a glass and a spoon by it; the bottle was empty. I took the baby away from her and tried to rouse her, but she only murmured. "They have taken my baby away from me." The doctor then arrived, and I accompanied prisoner and baby to St. Thomas's Hospital.</p>
<p>Cross-examined. Prisoner lived quite happily with her husband and was a good wife; there was no trouble whatever in their home.</p>
<xptr type="pageFacsimile" doc="191110100065"/>
<p>The child was born in June and up to that time she was a bright, happy woman. The child was in delicate health and used to cry a great deal. Prisoner was worried and depressed and weak after her confinement.</p>
<p>Re-examined. I have heard her say she could not think how women could have the heart to do away with her baby, as she was passionately fond of it.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-174" type="witnessName">
<interp inst="t19111010-name-174" type="gender" value="indeterminate"/>
<interp inst="t19111010-name-174" type="surname" value="CULLUM-GULLY"/>
<interp inst="t19111010-name-174" type="given" value="ROBBET"/>ROBBET CULLUM-GULLY</persName> </hi>, M.D., 66, St. George's Road, Lambeth. About 7.30 p.m. on August 30 I was called to 18, Hale Street. I there found prisoner on the bed dressed and half unconscious. The baby was on the lap of the last witness. It was comatose and it died soon after admission to hospital. I asked prisoner what, she had been doing, and I then said, "How much did you give the baby? " She said, "Three teaspoonfuls, and I took the rest." She said she got the laudanum from Needham's, Newington Butts. I gave her an emetic and took her to the hospital, -having first tried artificial respiration on the baby.</p>
<p>Cross-examined. Whenever I [prescribe laudanum I always see that explicit instructions as to dose are on the bottle. I would no think it safe merely to ask the person whether the laudanum was for herself or someone else. Prisoner did not seem very well in health. I have heard that she had trouble with parasites in her hair during her confinement.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-175" type="witnessName">
<interp inst="t19111010-name-175" type="gender" value="male"/>
<interp inst="t19111010-name-175" type="surname" value="BURLEIGH"/>
<interp inst="t19111010-name-175" type="given" value="JAMES"/>JAMES BURLEIGH</persName> </hi>, House Physician, St. Thomas's Hospital. About 8 p.m. on August 30 prisoner and "her child were brought to the hospital. The child was comatose. I formed the opinion that it was suffering from opium poisoning. The stomach was washed out, and the child received stimulants and artificial respiration, but it died at 10.30. I made a post-mortem examination next day and formed the opinion that the child died from opium poisoning. Prisoner was in a semi-comatose condition; she was treated in the same way and soon recovered.</p>
<p>Gross-examined. Prisoner's head was in a very bad state with para
<lb/>sites; we bad great difficulty with it.</p>
<p>Police-constable
<hi rend="smallCaps">EDWIN PEDLER</hi>, 105, L Division. The bottle, tumbler, and teaspoon produced were handed to me at 18, Hale "Street, and I took them to Kennington Road Police Station.</p>
<p>Sergeant
<hi rend="smallCaps">TOM ANDREWS</hi>, L Division. About 8 p.m. on August 31 I saw prisoner at St. Thomas's Hospital. She had then been dis
<lb/>charged. I told her I was a police officer and should arrest her for the wilful murder of her child, Walter John Home, aged 12 weeks, by giving him laudanum at 18, Hale Street, on the evening of August 30, and further with attempting to commit suicide by taking laudanum at the same time and place. I cautioned her as to what she might say in answer. She said, "Oh do not say my baby is dead. Oh, my God, what did I do; I did not mean to kill him." When charged at Kennington Road Police Station she made no reply.</p>
<p>Cross-examined. The result of the coroner's inquest was a verdict of accidental death. Prisoner was charged before the inquest. There</p>
<xptr type="pageFacsimile" doc="191110100066"/>
<p>is nothing whatever against either prisoner or her husband; they are most respectable, decent people.</p>
<p>
<hi rend="smallCaps">
<persName id="t19111010-name-176" type="witnessName">
<interp inst="t19111010-name-176" type="gender" value="female"/>
<interp inst="t19111010-name-176" type="surname" value="GIBBONS"/>
<interp inst="t19111010-name-176" type="given" value="ALICE"/>ALICE GIBBONS</persName> </hi>, Harkness Road, Canonbury, mission teacher in Clerkenwell (called to prisoner's character). Prisoner attended our mission for five years previous to her marriage; it was a Bible class for young women; she is a woman of excellent character and a good diving girl.</p>
<p>Mr. Justice Scrutton, in summing up, said that this case came before the jury in an extremely unsatisfactory way, because it was idle to shut one's eyes to the fact that one of the possible or probable infer
<lb/>ences to be drawn from the facts was that the woman meant to kill the child and herself, but that at the time it was just after her con
<lb/>finement—she was not in a state of health to appreciate what she was doing. That could have been investigated on a bill for murder, bat the Grand Jury had stopped that by taking upon themselves to settle what crime she should be charged with. He desired to say van
<lb/>earnestly that juries must not allow their sympathies to interfere with their giving true answers to the question of fact. He had at these Sessions to try a list of four cases where young babies had been killed immediately after birth. If it once got about that all a mother had to do in such a case was to go to the sympathies of a jury, and the jury to find that death was accidental, there would be a very large number of young babies killed immediately after birth in order to get them out of the way. The jury's business was to answer questions of fact according to the facts and not according to their sympathies. They must do him the justice to be
<lb/>lieve that, although he had got on a red robe and a wig, he was a man with exactly the same feelings and sympathies as themselves.</p>
<p>The jury returned a verdict of "Guilty, but not responsible for her actions at the time."</p>
<p>Mr. Justice Scrutton pointed out that as the verdict stood it would have the effect of sending the prisoner to a criminal lunatic asylum, and he did not think the jury intended that consequence.</p>
<p>The jury then found the prisoner
<rs id="t19111010-39-verdict-1" type="verdictDescription">
<interp inst="t19111010-39-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-39-verdict-1" type="verdictSubcategory" value="withRecommendation"/>Guilty, with a strong recommenda
<lb/>tion to mercy</rs>.</p>
<p>Sentence,
<rs id="t19111010-39-punishment-48" type="punishmentDescription">
<interp inst="t19111010-39-punishment-48" type="punishmentCategory" value="imprison"/>
<interp inst="t19111010-39-punishment-48" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-39-19111010 t19111010-39-punishment-48"/>Five days' imprisonment, entitling prisoner to be immediately discharged</rs>.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Saturday, October 14.)</p> </div1>
<div1 type="trialAccount" id="t19111010-40">
<interp inst="t19111010-40" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-40" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-40-charge-1" targOrder="Y" targets="def1-40-19111010 t19111010-40-offence-1 t19111010-40-verdict-1"/>
<p>
<persName id="def1-40-19111010" type="defendantName">
<interp inst="def1-40-19111010" type="gender" value="female"/>
<interp inst="def1-40-19111010" type="age" value="22"/>
<interp inst="def1-40-19111010" type="surname" value="NEW"/>
<interp inst="def1-40-19111010" type="given" value="DAISY ANNA"/>
<interp inst="def1-40-19111010" type="occupation" value="servant"/>
<hi rend="largeCaps">NEW</hi>, Daisy Anna (22, servant)</persName>
<rs id="t19111010-40-verdict-1" type="verdictDescription">
<interp inst="t19111010-40-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-40-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111010-40-offence-1" type="offenceDescription">
<interp inst="t19111010-40-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19111010-40-offence-1" type="offenceSubcategory" value="concealingABirth"/>, of endeavouring to conceal the birth of her female child.</rs> </p>
<p>
<rs id="t19111010-40-punishment-49" type="punishmentDescription">
<interp inst="t19111010-40-punishment-49" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19111010-40-punishment-49" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-40-19111010 t19111010-40-punishment-49"/>Prisoner was released on her own recognisances in ₤10 to come up for judgment if called upon</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111010-40a">
<interp inst="t19111010-40a" type="uri" value="sessionsPapers/19111010"/>
<interp inst="t19111010-40a" type="date" value="19111010"/>
<join result="criminalCharge" id="t19111010-40a-charge-1" targOrder="Y" targets="def1-40a-19111010 t19111010-40a-offence-1 t19111010-40a-verdict-1"/>
<xptr type="pageFacsimile" doc="191110100067"/>
<p>
<persName id="def1-40a-19111010" type="defendantName">
<interp inst="def1-40a-19111010" type="gender" value="male"/>
<interp inst="def1-40a-19111010" type="age" value="27"/>
<interp inst="def1-40a-19111010" type="surname" value="FITZGERALD"/>
<interp inst="def1-40a-19111010" type="given" value="JOHN"/>
<interp inst="def1-40a-19111010" type="occupation" value="cab driver"/>
<hi rend="largeCaps">FITZGERALD</hi>, John (27, cab driver)</persName>,
<rs id="t19111010-40a-offence-1" type="offenceDescription">
<interp inst="t19111010-40a-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111010-40a-offence-1" type="offenceSubcategory" value="fraud"/>having received certain property, to wit, ₤1 13s., for and on account of
<persName id="t19111010-name-179" type="victimName">
<interp inst="t19111010-name-179" type="gender" value="male"/>
<interp inst="t19111010-name-179" type="surname" value="HEATON"/>
<interp inst="t19111010-name-179" type="given" value="CLIVE BURTON"/>
<join result="offenceVictim" targOrder="Y" targets="t19111010-40a-offence-1 t19111010-name-179"/>Clive Burton Heaton</persName>, unlawfully did fraudulently convert the same to his own use and benefit; being one of two or more beneficial owners of the sum of ₤2 4s., embezzling ₤1 13s. of such moneys, the property of such beneficial owners</rs>.</p>
<p>
<rs id="t19111010-40a-verdict-1" type="verdictDescription">
<interp inst="t19111010-40a-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111010-40a-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>Prisoner pleaded guilty of fraudulent conversion, which plea was Accepted</rs>.</p>
<p>Prisoner was stated to be of good character and to have intended to repay the money.</p>
<p>
<rs id="t19111010-40a-punishment-50" type="punishmentDescription">
<interp inst="t19111010-40a-punishment-50" type="punishmentCategory" value="noPunish"/>
<interp inst="t19111010-40a-punishment-50" type="punishmentSubcategory" value="sentenceRespited"/>