<!-- © 2003-2008 Old Bailey Proceedings Online -->
<div0 type="sessionsPaper" id="t19111107">
<interp inst="t19111107" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107" type="date" value="19111107"/>
<xptr type="pageFacsimile" doc="191111070001"/>
<xptr type="transcription" doc="19111107"/>
<div1 type="frontMatter" id="f19111107">
<interp inst="f19111107" type="uri" value="sessionsPapers/19111107"/>
<interp inst="f19111107" type="date" value="19111107"/>
<p>NOVEMBER, 1911.</p>
<p>Vol. CLVI.] Part 925.</p>
<p>Sessions Paper.</p>
<p>VEZEY-STRONG, MAYOR (November 7th and 8th),</p>
<p>CROSBY, MAYOR (November 9th onwards.)</p>
<persName id="t19111107-name-1">
<interp inst="t19111107-name-1" type="gender" value="male"/>
<interp inst="t19111107-name-1" type="surname" value="WALPOLE"/>
<interp inst="t19111107-name-1" type="given" value="GEORGE"/>GEORGE WALPOLE</persName> & CO.,</p>
<p>Shorthand Writers to the Court.</p>
<p>EDITED BY</p>
<p>[Published by Annual Subscription.]</p>
<persName id="t19111107-name-2">
<interp inst="t19111107-name-2" type="gender" value="male"/>
<interp inst="t19111107-name-2" type="surname" value="WALPOLE"/>
<interp inst="t19111107-name-2" type="given" value="GEO"/>GEO. WALPOLE</persName> & CO., PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W.C.</p>
<xptr type="pageFacsimile" doc="191111070002"/>
<xptr type="pageFacsimile" doc="191111070003"/>
<p>On the King's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Tuesday, November 7th, 1911, and following days.</p>
<p>Before the Right Hon. Sir
<hi rend="largeCaps">T. VEZEY-STRONG, K.C.V.O., LORD MAYOR</hi> of the City of London (November 7th and 8th); Sir
<hi rend="largeCaps">THOMAS BOOR CROSBY, M D., LORD MAYOR</hi> of the said City of London (November 9th onwards); the Hon. Sir
<hi rend="smallCaps">
<persName id="t19111107-name-3" type="judiciaryName">
<interp inst="t19111107-name-3" type="gender" value="male"/>
<interp inst="t19111107-name-3" type="surname" value="GRANTHAM"/>
<interp inst="t19111107-name-3" type="given" value="WILLIAM"/>WILLIAM GRANTHAM</persName> </hi>, one of the Justices of His Majesty's High Court; Sir
<hi rend="smallCaps">HENRY E. KNIGHT</hi>, Knight; Sir
<hi rend="smallCaps">
<persName id="t19111107-name-4" type="judiciaryName">
<interp inst="t19111107-name-4" type="gender" value="male"/>
<interp inst="t19111107-name-4" type="surname" value="DAVIES"/>
<interp inst="t19111107-name-4" type="given" value="HORATIO"/>HORATIO DAVIES</persName> </hi>, K.C.M.G.; Sir
<hi rend="smallCaps">
<persName id="t19111107-name-5" type="judiciaryName">
<interp inst="t19111107-name-5" type="gender" value="male"/>
<interp inst="t19111107-name-5" type="surname" value="RITCHIE"/>
<interp inst="t19111107-name-5" type="given" value="JAMES THOMSON"/>JAMES THOMSON RITCHIE</persName> </hi>, Bart.; Sir
<hi rend="smallCaps">T. VANSITTART BOWATER</hi>, Knight; and
<hi rend="smallCaps">EDWARD FRNEST COOPER</hi>, Esq., Aldermen of the said City; Sir
<hi rend="smallCaps">FORREST FULTON</hi>, Knight, K.C., Recorder of the said City; Sir
<hi rend="smallCaps">FK. ALBERT BOSANQUET</hi>, K.C., Common Serjeant of the said City; and His Honour Judge
<hi rend="smallCaps">
<persName id="t19111107-name-6" type="judiciaryName">
<interp inst="t19111107-name-6" type="gender" value="male"/>
<interp inst="t19111107-name-6" type="surname" value="SMITH"/>
<interp inst="t19111107-name-6" type="given" value="LUMLEY"/>LUMLEY SMITH</persName> </hi>, K.C., Com
<lb/>missioner; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-7" type="judiciaryName">
<interp inst="t19111107-name-7" type="gender" value="male"/>
<interp inst="t19111107-name-7" type="surname" value="HANSON"/>
<interp inst="t19111107-name-7" type="given" value="CHARLES AUGUSTIN"/>CHARLES AUGUSTIN HANSON</persName> </hi>, Esq., Alderman,</p>
<hi rend="smallCaps">
<persName id="t19111107-name-8" type="judiciaryName">
<interp inst="t19111107-name-8" type="gender" value="male"/>
<interp inst="t19111107-name-8" type="surname" value="BRIGGS"/>
<interp inst="t19111107-name-8" type="given" value="GEORGE"/>GEORGE BRIGGS</persName> </hi>, Esq.,</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">
<persName id="t19111107-name-9" type="judiciaryName">
<interp inst="t19111107-name-9" type="gender" value="male"/>
<interp inst="t19111107-name-9" type="surname" value="LANGTON"/>
<interp inst="t19111107-name-9" type="given" value="JOSEPH DAVID"/>JOSEPH DAVID LANGTON</persName> </hi>, Esq.,</p>
<hi rend="smallCaps">
<persName id="t19111107-name-10" type="judiciaryName">
<interp inst="t19111107-name-10" type="gender" value="male"/>
<interp inst="t19111107-name-10" type="surname" value="SAWBRIDGE"/>
<interp inst="t19111107-name-10" type="given" value="CHAS WALTON"/>CHAS. WALTON SAWBRIDGE</persName> </hi>, Esq.,</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="191111070005"/>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi> </p>
<hi rend="largeCaps">VEZEY-STRONG, MAYOR</hi>. (November 7 and 8.)</p>
<hi rend="largeCaps">CROSBY, MAYOR</hi>. (November 9 onwards.)</p>
<hi rend="largeCaps">FIRST SESSION</hi>.</p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Tuesday, November 7.)</p> </div1>
<persName id="t19111107-name-11">
<interp inst="t19111107-name-11" type="gender" value="male"/>
<interp inst="t19111107-name-11" type="age" value="19"/>
<interp inst="t19111107-name-11" type="surname" value="HARRISON"/>
<interp inst="t19111107-name-11" type="given" value="CECIL"/>
<interp inst="t19111107-name-11" type="occupation" value="printer"/>
<hi rend="largeCaps">HARRISON</hi>, Cecil (19, printer)</persName>, who pleaded guilty at the Septem
<lb/>ber Sessions (see preceding volume, page 489) of forging and uttering, was brought up for judgment.</p>
<p>Prisoner was released on his own recognisances in £50 and those of his father, Walter Harrison, in £250, to come up for judgment if called upon.</p>
<persName id="t19111107-name-12">
<interp inst="t19111107-name-12" type="gender" value="male"/>
<interp inst="t19111107-name-12" type="age" value="38"/>
<interp inst="t19111107-name-12" type="surname" value="RICHARDS"/>
<interp inst="t19111107-name-12" type="given" value="BENJAMIN"/>
<interp inst="t19111107-name-12" type="occupation" value="tailor"/>
<hi rend="largeCaps">RICHARDS</hi>, Benjamin (38, tailor)</persName>, who pleaded guilty last Sessions (see preceding volume, page 705) of obtaining money by false pretences, was brought up for judgment.</p>
<p>Prisoner was released on his own recognisances in £50 to come up for judgment if called upon.</p>
<persName id="t19111107-name-13">
<interp inst="t19111107-name-13" type="gender" value="male"/>
<interp inst="t19111107-name-13" type="age" value="30"/>
<interp inst="t19111107-name-13" type="surname" value="BOUTELL"/>
<interp inst="t19111107-name-13" type="given" value="GEORGE SQUIRE"/>
<interp inst="t19111107-name-13" type="occupation" value="cabdriver"/>
<hi rend="largeCaps">BOUTELL</hi>, George Squire (30, cabdriver)</persName>, and
<persName id="t19111107-name-14">
<interp inst="t19111107-name-14" type="gender" value="male"/>
<interp inst="t19111107-name-14" type="age" value="27"/>
<interp inst="t19111107-name-14" type="surname" value="FITZGERALD"/>
<interp inst="t19111107-name-14" type="given" value="JOHN"/>
<interp inst="t19111107-name-14" type="occupation" value="cabdriver"/>
<hi rend="largeCaps">FITZGERALD</hi>, John (27, cabdriver)</persName>, who pleaded guilty last Sessions (see preceding volume, page 681) of fraudulent conversion, were brought up for judgment.</p>
<p>Sentence (each), Four weeks' imprisonment, dating from October 14, entitling prisoners to be immediately discharged.</p>
<persName id="t19111107-name-15">
<interp inst="t19111107-name-15" type="gender" value="female"/>
<interp inst="t19111107-name-15" type="age" value="22"/>
<interp inst="t19111107-name-15" type="surname" value="CRESSWELL"/>
<interp inst="t19111107-name-15" type="given" value="ELIZABETH MARY"/>
<interp inst="t19111107-name-15" type="occupation" value="servant"/>
<hi rend="largeCaps">CRESSWELL</hi>, Elizabeth Mary (22, servant)</persName>, who pleaded guilty last Sessions (see preceding volume, page 670) of receiving was brought up for judgment.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-16" type="witnessName">
<interp inst="t19111107-name-16" type="gender" value="male"/>
<interp inst="t19111107-name-16" type="surname" value="SCOTT-FRANCE"/>
<interp inst="t19111107-name-16" type="given" value="WILLIAM"/>WILLIAM SCOTT-FRANCE</persName> </hi>, the Court missionary, said that he had seen the prisoner with a view to her being sent to a home, but she declined to go.</p>
<p>The Recorder again postponed sentence, Mr. Scott-France under
<lb/>taking to communicate with prisoner's brother and sister so that they might be in attendance next Sessions.</p>
<xptr type="pageFacsimile" doc="191111070006"/>
<persName id="t19111107-name-17">
<interp inst="t19111107-name-17" type="gender" value="indeterminate"/>
<interp inst="t19111107-name-17" type="age" value="29"/>
<interp inst="t19111107-name-17" type="surname" value="SMYTH"/>
<interp inst="t19111107-name-17" type="given" value="JOSAPH ARTHUR"/>
<interp inst="t19111107-name-17" type="occupation" value="chauffeur"/>
<hi rend="largeCaps">SMYTH</hi>, Josaph Arthur (29, chauffeur)</persName>, who pleaded guilty last Sessions (see preceding volume, page 670) of bigamy, was brought up for judgment.</p>
<p>Prisoner was understood, last Sessions, to be in the Royal Naval Reserve, and sentence was postponed to ascertain whether this was the fact, as the Recorder did not wish any punishment he might im
<lb/>pose to affect the pension which prisoner enjoyed since his discharge from the Navy with an exemplary character. It was now stated that prisoner was not in the Reserve, so that the question of pension did not arise.</p>
<p>Sentence, Four week's imprisonment, dating from October 12, entitling prisoner to be immediately discharged.</p>
<persName id="t19111107-name-18">
<interp inst="t19111107-name-18" type="gender" value="male"/>
<interp inst="t19111107-name-18" type="age" value="32"/>
<interp inst="t19111107-name-18" type="surname" value="O'CONNOR"/>
<interp inst="t19111107-name-18" type="given" value="DANIEL"/>
<interp inst="t19111107-name-18" type="occupation" value="miner"/>
<hi rend="largeCaps">O'CONNOR</hi>, Daniel (32, miner)</persName>, who was convicted last Sessions (see preceding volume, page 670) of robbery with violence, was brought up for judgment.</p>
<hi rend="smallCaps">SCOTT-FRANCE</hi> said he had made inquiries about prisoner. He had been employed as a miner in Wales, and received a very good character from his employers, although he had been convicted in 1908 of theft.</p>
<p>Sentence, Four weeks' imprisonment, dating from October 12, entitling prisoner to be immediately discharged.</p>
<div1 type="trialAccount" id="t19111107-6">
<interp inst="t19111107-6" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-6" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-6-charge-1" targOrder="Y" targets="def1-6-19111107 t19111107-6-offence-1 t19111107-6-verdict-1"/>
<persName id="def1-6-19111107" type="defendantName">
<interp inst="def1-6-19111107" type="gender" value="male"/>
<interp inst="def1-6-19111107" type="age" value="50"/>
<interp inst="def1-6-19111107" type="surname" value="BOYNES"/>
<interp inst="def1-6-19111107" type="given" value="WALTER JOHN"/>
<interp inst="def1-6-19111107" type="occupation" value="auxiliary postman"/>
<hi rend="largeCaps">BOYNES</hi>, Walter John (50, auxiliary postman)</persName>
<rs id="t19111107-6-verdict-1" type="verdictDescription">
<interp inst="t19111107-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-6-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111107-6-offence-1" type="offenceDescription">
<interp inst="t19111107-6-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111107-6-offence-1" type="offenceSubcategory" value="mail"/>, of stealing a postal packet containing a postal order for 16s., and a postal packet containing a postal order for 12s. 6d., in each case the property of His Majesty's
<persName id="t19111107-name-20" type="victimName">
<interp inst="t19111107-name-20" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-6-offence-1 t19111107-name-20"/>Postmaster-General</persName>, he being an officer of the Post Office.</rs> </p>
<rs id="t19111107-6-punishment-1" type="punishmentDescription">
<interp inst="t19111107-6-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-6-punishment-1" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19111107 t19111107-6-punishment-1"/>Six months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-7">
<interp inst="t19111107-7" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-7" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-7-charge-1" targOrder="Y" targets="def1-7-19111107 t19111107-7-offence-1 t19111107-7-verdict-1"/>
<persName id="def1-7-19111107" type="defendantName">
<interp inst="def1-7-19111107" type="gender" value="male"/>
<interp inst="def1-7-19111107" type="age" value="46"/>
<interp inst="def1-7-19111107" type="surname" value="SADLER"/>
<interp inst="def1-7-19111107" type="given" value="JAMES"/>
<interp inst="def1-7-19111107" type="occupation" value="barman"/>
<hi rend="largeCaps">SADLER</hi>, James (46, barman)</persName>
<rs id="t19111107-7-verdict-1" type="verdictDescription">
<interp inst="t19111107-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-7-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111107-7-offence-1" type="offenceDescription">
<interp inst="t19111107-7-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111107-7-offence-1" type="offenceSubcategory" value="forgery"/>, of forging and uttering, knowing the same to be forged, a certain order for the pay
<lb/>ment of money, to wit, a banker's cheque for £90 16s. 6d., with intent to defraud</rs>. (Other indictments were not proceeded with.)</p>
<p>Prisoner confessed to a previous conviction of felony in 1908.</p>
<p>Mr. Leycester, who prosecuted, said that prisoner was one of a gang who forged and uttered cheques. His part appeared to be what was called "putting them down," that is, cashing them.</p>
<p>The police proved that there had been many complaints of cheques being stolen from letter-boxes, the amounts increased, and the cheques presented. Prisoner had been charged with receiving stolen property, but discharged through lack of evidence.</p>
<rs id="t19111107-7-punishment-2" type="punishmentDescription">
<interp inst="t19111107-7-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-7-punishment-2" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-19111107 t19111107-7-punishment-2"/>Twenty-two months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-8">
<interp inst="t19111107-8" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-8" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-8-charge-1" targOrder="Y" targets="def1-8-19111107 t19111107-8-offence-1 t19111107-8-verdict-1"/>
<persName id="def1-8-19111107" type="defendantName">
<interp inst="def1-8-19111107" type="gender" value="male"/>
<interp inst="def1-8-19111107" type="age" value="29"/>
<interp inst="def1-8-19111107" type="surname" value="THWAITES"/>
<interp inst="def1-8-19111107" type="given" value="FREDERICK CHARLES"/>
<interp inst="def1-8-19111107" type="occupation" value="postman"/>
<hi rend="largeCaps">THWAITES</hi>, Frederick Charles (29, postman)</persName>
<rs id="t19111107-8-verdict-1" type="verdictDescription">
<interp inst="t19111107-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-8-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111107-8-offence-1" type="offenceDescription">
<interp inst="t19111107-8-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111107-8-offence-1" type="offenceSubcategory" value="mail"/>, of stealing a postal packet containing a postal order for 6s., the property of His Majesty's
<persName id="t19111107-name-23" type="victimName">
<interp inst="t19111107-name-23" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-8-offence-1 t19111107-name-23"/>Postmaster-General</persName>, he being an officer of the Post Office.</rs> </p>
<p>Mr. Forster Boulton prosecuted; Mr. Hutchinson appeared for prisoner.</p>
<xptr type="pageFacsimile" doc="191111070007"/>
<p>Mr. Hutchinson said that prisoner was a painter. In 1902 he joined a Middlesex regiment and fought for ten months in South Africa, receiving the Queen's medal with four clasps. His discharge sheet was marked "Very good." He re-enlisted in the Northumberland Fusiliers and served in India, Mauritius, and Ireland. He remained in the Army for five years and left with the rank of lance-corporal. That discharge sheet was also marked "Very good." He had had to keep a wife and child on 11s. 3d. a week, his wages as an assistant postman, plus 3s. 6d. from the Army. During the last ten weeks he had been working for a firm of contractors at Woolwich and their manager gave him a good character and was quite willing to take him back if he were dealt with as a first offender.</p>
<p>Two witnesses were called to character. Sentence,
<rs id="t19111107-8-punishment-3" type="punishmentDescription">
<interp inst="t19111107-8-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-8-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19111107 t19111107-8-punishment-3"/>Six months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-9">
<interp inst="t19111107-9" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-9" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-9-charge-1" targOrder="Y" targets="def1-9-19111107 t19111107-9-offence-1 t19111107-9-verdict-1"/>
<persName id="def1-9-19111107" type="defendantName">
<interp inst="def1-9-19111107" type="gender" value="male"/>
<interp inst="def1-9-19111107" type="age" value="26"/>
<interp inst="def1-9-19111107" type="surname" value="HOPE"/>
<interp inst="def1-9-19111107" type="given" value="THOMAS CHARLES HERBERT"/>
<interp inst="def1-9-19111107" type="occupation" value="postman"/>
<hi rend="largeCaps">HOPE</hi>, Thomas Charles Herbert (26, postman)</persName>
<rs id="t19111107-9-verdict-1" type="verdictDescription">
<interp inst="t19111107-9-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-9-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111107-9-offence-1" type="offenceDescription">
<interp inst="t19111107-9-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111107-9-offence-1" type="offenceSubcategory" value="mail"/>, of stealing a postal pocket containing 13s. 6d., the property of His Majesty's
<persName id="t19111107-name-25" type="victimName">
<interp inst="t19111107-name-25" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-9-offence-1 t19111107-name-25"/>Postmaster-General</persName>, he being an officer of the Poet Office.</rs> </p>
<rs id="t19111107-9-punishment-4" type="punishmentDescription">
<interp inst="t19111107-9-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-9-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-19111107 t19111107-9-punishment-4"/>Nine months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-10">
<interp inst="t19111107-10" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-10" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-10-charge-1" targOrder="Y" targets="def1-10-19111107 t19111107-10-offence-1 t19111107-10-verdict-1"/>
<persName id="def1-10-19111107" type="defendantName">
<interp inst="def1-10-19111107" type="gender" value="male"/>
<interp inst="def1-10-19111107" type="age" value="25"/>
<interp inst="def1-10-19111107" type="surname" value="WIELAND"/>
<interp inst="def1-10-19111107" type="given" value="WILLIAM ERNEST JOSEPH"/>
<interp inst="def1-10-19111107" type="occupation" value="postman"/>
<hi rend="largeCaps">WIELAND</hi>, William Ernest Joseph (25, postman)</persName>
<rs id="t19111107-10-verdict-1" type="verdictDescription">
<interp inst="t19111107-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-10-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111107-10-offence-1" type="offenceDescription">
<interp inst="t19111107-10-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111107-10-offence-1" type="offenceSubcategory" value="mail"/>, of stealing a postal packet containing a purse, 17s., and two penny and three halfpenny postage stamps, the property of His Majesty's
<persName id="t19111107-name-27" type="victimName">
<interp inst="t19111107-name-27" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-10-offence-1 t19111107-name-27"/>Postmaster-General</persName>, he being an officer of the Post Office.</rs> </p>
<rs id="t19111107-10-punishment-5" type="punishmentDescription">
<interp inst="t19111107-10-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-10-punishment-5" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-10-19111107 t19111107-10-punishment-5"/>Nine months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-11">
<interp inst="t19111107-11" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-11" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-11-charge-1" targOrder="Y" targets="def1-11-19111107 t19111107-11-offence-1 t19111107-11-verdict-1"/>
<persName id="def1-11-19111107" type="defendantName">
<interp inst="def1-11-19111107" type="gender" value="male"/>
<interp inst="def1-11-19111107" type="age" value="50"/>
<interp inst="def1-11-19111107" type="surname" value="PARKER"/>
<interp inst="def1-11-19111107" type="given" value="EDWARD"/>
<interp inst="def1-11-19111107" type="occupation" value="labourer"/>
<hi rend="largeCaps">PARKER</hi>, Edward (50, labourer)</persName>
<rs id="t19111107-11-verdict-1" type="verdictDescription">
<interp inst="t19111107-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-11-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111107-11-offence-1" type="offenceDescription">
<interp inst="t19111107-11-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t19111107-11-offence-1" type="offenceSubcategory" value="other"/>, of maliciously damaging two plate-glass windows value £20, the goods of
<persName id="t19111107-name-29" type="victimName">
<interp inst="t19111107-name-29" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-11-offence-1 t19111107-name-29"/>Hope Brothers, Limited</persName>.</rs> </p>
<p>Prisoner had been convicted of unlawfully wounding his wife, but generally he bore a very good character; he had been nineteen years in a militia battalion and had served fourteen months in South Africa as a volunteer.</p>
<rs id="t19111107-11-punishment-6" type="punishmentDescription">
<interp inst="t19111107-11-punishment-6" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19111107-11-punishment-6" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-19111107 t19111107-11-punishment-6"/>Prisoner was released on his own recognisances in £10 to come up for judgment if called upon</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-12">
<interp inst="t19111107-12" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-12" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-12-charge-1" targOrder="Y" targets="def1-12-19111107 t19111107-12-offence-1 t19111107-12-verdict-1"/>
<join result="criminalCharge" id="t19111107-12-charge-2" targOrder="Y" targets="def1-12-19111107 t19111107-12-offence-2 t19111107-12-verdict-1"/>
<join result="criminalCharge" id="t19111107-12-charge-3" targOrder="Y" targets="def1-12-19111107 t19111107-12-offence-3 t19111107-12-verdict-1"/>
<persName id="def1-12-19111107" type="defendantName">
<interp inst="def1-12-19111107" type="gender" value="male"/>
<interp inst="def1-12-19111107" type="age" value="26"/>
<interp inst="def1-12-19111107" type="surname" value="COLBRAN"/>
<interp inst="def1-12-19111107" type="given" value="RICHARD"/>
<interp inst="def1-12-19111107" type="occupation" value="soldier"/>
<hi rend="largeCaps">COLBRAN</hi>, Richard (26, soldier)</persName>
<rs id="t19111107-12-verdict-1" type="verdictDescription">
<interp inst="t19111107-12-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-12-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111107-12-offence-1" type="offenceDescription">
<interp inst="t19111107-12-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111107-12-offence-1" type="offenceSubcategory" value="forgery"/>, of forging and uttering, knowing the same to be forged, certain orders for the pay
<lb/>ment of money, to wit, bankers' cheques for £6 4s. and £60, in each case with intent to defraud</rs>;
<rs id="t19111107-12-offence-2" type="offenceDescription">
<interp inst="t19111107-12-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19111107-12-offence-2" type="offenceSubcategory" value="fraud"/>attempting to obtain by false pretences from
<persName id="t19111107-name-31" type="victimName">
<interp inst="t19111107-name-31" type="gender" value="male"/>
<interp inst="t19111107-name-31" type="surname" value="BENJAMIN"/>
<interp inst="t19111107-name-31" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-12-offence-2 t19111107-name-31"/>Samuel Benjamin</persName> one overcoat and £4 16s. 6d., with intent to defraud</rs>;
<rs id="t19111107-12-offence-3" type="offenceDescription">
<interp inst="t19111107-12-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t19111107-12-offence-3" type="offenceSubcategory" value="simpleLarceny"/>stealing one watch and chain, the goods of
<persName id="t19111107-name-32" type="victimName">
<interp inst="t19111107-name-32" type="gender" value="male"/>
<interp inst="t19111107-name-32" type="surname" value="CARDEW"/>
<interp inst="t19111107-name-32" type="given" value="JOHN WESTBURY"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-12-offence-3 t19111107-name-32"/>John West
<lb/>bury Cardew</persName>.</rs> </p>
<p>Prisoner was a gunner in the Royal Garrison Artillery, stationed at Portsmouth. He was officer's servant to Major Fraser, and had stolen his cheque book, and also that of Lieutenant Cardew, and forged the signatures. He had a record of ten years' good service.</p>
<p>The case was postponed at prisoner's request for the attendance of an officer.</p>
<xptr type="pageFacsimile" doc="191111070008"/>
<p>(Friday, November 10.)</p>
<hi rend="smallCaps">WALTER GRESTY</hi>, M Division. I communicated with prisoner's commanding officer and received the certificate of character produced." His character as shown from his conduct-sheets is exem
<lb/>plary. No entry has been recorded against him during his whole service." In January next he would have completed 11 years' service. There is no previous conviction.</p>
<p>Prisoner stated that he had been invalided home from South Africa. It must have been a mad idea come over his mind to steal the cheque books.</p>
<rs id="t19111107-12-punishment-7" type="punishmentDescription">
<interp inst="t19111107-12-punishment-7" type="punishmentCategory" value="noPunish"/>
<interp inst="t19111107-12-punishment-7" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-12-19111107 t19111107-12-punishment-7"/>Sentence was postponed to next Sessions</rs>.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE COMMON SERJEANT</hi>.</p>
<p>(Tuesday, November 7.)</p> </div1>
<persName id="t19111107-name-33">
<interp inst="t19111107-name-33" type="gender" value="male"/>
<interp inst="t19111107-name-33" type="age" value="58"/>
<interp inst="t19111107-name-33" type="surname" value="HUTCHINSON"/>
<interp inst="t19111107-name-33" type="given" value="ROBERT HOPWOOD PERCY"/>
<hi rend="largeCaps">HUTCHINSON</hi>, Robert Hopwood Percy (58)</persName>, who was convicted at the July Sessions (see preceding volume, page 455) of forging and uttering, knowing the same to be forged, an order for the pay
<lb/>ment of £975, and feloniously receiving and obtaining from
<persName id="t19111107-name-34" type="victimName">
<interp inst="t19111107-name-34" type="gender" value="male"/>
<interp inst="t19111107-name-34" type="surname" value="WRIGHT"/>
<interp inst="t19111107-name-34" type="given" value="ALBERT"/>Albert Wright</persName> and from Lloyd's Bank, Limited, and causing to be paid by them to a person unknown £975 upon and by virtue of a forged instrument, with intent to defraud, was again brought up.</p>
<p>Since the trial in July prisoner had appealed and the Court of Criminal Appeal had upheld the conviction. There were a number of other indictments for forgery and obtaining money by falsepre
<lb/>tences; these were now ordered to remain on the file of the Court.</p>
<p>Sentence (upon the conviction in July), Four years' penal servitude.</p>
<div1 type="trialAccount" id="t19111107-14">
<interp inst="t19111107-14" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-14" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-14-charge-1" targOrder="Y" targets="def1-14-19111107 t19111107-14-offence-1 t19111107-14-verdict-1"/>
<persName id="def1-14-19111107" type="defendantName">
<interp inst="def1-14-19111107" type="gender" value="male"/>
<interp inst="def1-14-19111107" type="age" value="35"/>
<interp inst="def1-14-19111107" type="surname" value="JOHNSON"/>
<interp inst="def1-14-19111107" type="given" value="THOMAS"/>
<interp inst="def1-14-19111107" type="occupation" value="labourer"/>
<hi rend="largeCaps">JOHNSON</hi>, Thomas (35, labourer)</persName>
<rs id="t19111107-14-verdict-1" type="verdictDescription">
<interp inst="t19111107-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-14-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111107-14-offence-1" type="offenceDescription">
<interp inst="t19111107-14-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19111107-14-offence-1" type="offenceSubcategory" value="coiningOffences"/>, of feloniously possessing five moulds and other tools and articles intended to be used for counterfeiting coin, unlawfully possessing counterfeit coin with intent to utter the same.</rs> </p>
<p>Convictions proved: March 8, 1904, North London Sessions, bound over for burglary; North London Sessions, April 12, 1904, stealing bread; Surrey Assizes, March 4, 1906, in the name of Waite, uttering counterfeit coin; at this Court, January 7, 1908, four years' penal servitude for possessing counterfeit coin.</p>
<rs id="t19111107-14-punishment-8" type="punishmentDescription">
<interp inst="t19111107-14-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-14-punishment-8" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-19111107 t19111107-14-punishment-8"/>Four years' penal servitude, to include the remanet of the previous sentence</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-15">
<interp inst="t19111107-15" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-15" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-15-charge-1" targOrder="Y" targets="def1-15-19111107 t19111107-15-offence-1 t19111107-15-verdict-1"/>
<persName id="def1-15-19111107" type="defendantName">
<interp inst="def1-15-19111107" type="gender" value="male"/>
<interp inst="def1-15-19111107" type="age" value="27"/>
<interp inst="def1-15-19111107" type="surname" value="CARSBERG"/>
<interp inst="def1-15-19111107" type="given" value="THOMAS ALBERT"/>
<interp inst="def1-15-19111107" type="occupation" value="attendant"/>
<hi rend="largeCaps">CARSBERG</hi>, Thomas Albert (27, attendant)</persName>
<rs id="t19111107-15-offence-1" type="offenceDescription">
<interp inst="t19111107-15-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19111107-15-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counterfeit coin twice on the same day, having more in his possession.</rs> </p>
<p>Prisoner was tried last Sessions (see preceding volume, page 675) when the jury disagreed.</p>
<p>Mr. Beaumont Morice prosecuted; Mr. Tristram Beresford defended.</p>
<p>The same witnesses gave evidence for the prosecution and prisoner (on oath) repeated his evidence.</p>
<xptr type="pageFacsimile" doc="191111070009"/>
<p>(Tuesday, November 8.)</p>
<p>The following further evidence for the defence was given:</p>
<hi rend="smallCaps">
<persName id="t19111107-name-37" type="witnessName">
<interp inst="t19111107-name-37" type="gender" value="male"/>
<interp inst="t19111107-name-37" type="surname" value="MATTHEWS"/>
<interp inst="t19111107-name-37" type="given" value="WALTER"/>WALTER MATTHEWS</persName> </hi>, 17, Roman Road, Barnsbury, commercial traveller. On September 6 at 7 p.m. I met prisoner in Essex Road near Balls Pond Road. We went into the "Royal William," where prisoner changed a 5s. piece for drinks, receiving a half
<lb/>crown, 2 shillings, and 3d.; he afterwards paid the three pennies for another drink. We then went to the "Mildmay Park Tavern," where prisoner changed the half-crown for 4d. drinks, receiving 2 shillings and 2 pennies.</p>
<p>Cross-examined. I have known prisoner two years. I had met him on September 6 by appointment for the purpose of getting him a situation, which I succeeded in doing.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-38" type="witnessName">
<interp inst="t19111107-name-38" type="gender" value="female"/>
<interp inst="t19111107-name-38" type="surname" value="CARSBERG"/>
<interp inst="t19111107-name-38" type="given" value="ROSE"/>ROSE CARSBERG</persName> </hi>, wife of prisoner. On September 6 at 6 p.m. prisoner went out; he had a 5s. piece only on him, he having given me 3s. or 4s.</p>
<rs id="t19111107-15-verdict-1" type="verdictDescription">
<interp inst="t19111107-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-15-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Conviction proved: North London Police Court, June 17, 1910, six weeks' hard labour for larceny.</p>
<rs id="t19111107-15-punishment-9" type="punishmentDescription">
<interp inst="t19111107-15-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-15-punishment-9" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-15-19111107 t19111107-15-punishment-9"/>Nine months' hard labour</rs>.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE LUMLEY SMITH</hi>.</p>
<p>(Tuesday, November 7.)</p> </div1>
<div1 type="trialAccount" id="t19111107-16">
<interp inst="t19111107-16" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-16" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-16-charge-1" targOrder="Y" targets="def1-16-19111107 t19111107-16-offence-1 t19111107-16-verdict-1"/>
<join result="criminalCharge" id="t19111107-16-charge-2" targOrder="Y" targets="def1-16-19111107 t19111107-16-offence-2 t19111107-16-verdict-1"/>
<join result="criminalCharge" id="t19111107-16-charge-3" targOrder="Y" targets="def2-16-19111107 t19111107-16-offence-1 t19111107-16-verdict-1"/>
<join result="criminalCharge" id="t19111107-16-charge-4" targOrder="Y" targets="def2-16-19111107 t19111107-16-offence-2 t19111107-16-verdict-1"/>
<join result="criminalCharge" id="t19111107-16-charge-5" targOrder="Y" targets="def3-16-19111107 t19111107-16-offence-1 t19111107-16-verdict-2"/>
<persName id="def1-16-19111107" type="defendantName">
<interp inst="def1-16-19111107" type="gender" value="male"/>
<interp inst="def1-16-19111107" type="age" value="53"/>
<interp inst="def1-16-19111107" type="surname" value="FORBES"/>
<interp inst="def1-16-19111107" type="given" value="ROBERT DUNCAN"/>
<interp inst="def1-16-19111107" type="occupation" value="broker"/>
<hi rend="largeCaps">FORBES</hi>, Robert Duncan (53, broker)</persName>,
<persName id="def2-16-19111107" type="defendantName">
<interp inst="def2-16-19111107" type="gender" value="male"/>
<interp inst="def2-16-19111107" type="age" value="41"/>
<interp inst="def2-16-19111107" type="surname" value="HARRISON"/>
<interp inst="def2-16-19111107" type="given" value="CHARLES"/>
<interp inst="def2-16-19111107" type="occupation" value="broker"/>
<hi rend="largeCaps">HARRISON</hi>, Charles (41, broker)</persName>, and
<persName id="def3-16-19111107" type="defendantName">
<interp inst="def3-16-19111107" type="gender" value="male"/>
<interp inst="def3-16-19111107" type="age" value="52"/>
<interp inst="def3-16-19111107" type="surname" value="ISAACS"/>
<interp inst="def3-16-19111107" type="given" value="CHARLES"/>
<interp inst="def3-16-19111107" type="occupation" value="insurance agent"/>
<hi rend="largeCaps">ISAACS</hi>, Charles (52, insurance agent)</persName>
<rs id="t19111107-16-offence-1" type="offenceDescription">
<interp inst="t19111107-16-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111107-16-offence-1" type="offenceSubcategory" value="fraud"/>, conspiring and agreeing together to defraud those subjects of His Majesty the King as should deal with a firm called Duncan Forbes and Co. in the buying and selling of stocks and shares; conspiring and agreeing together to defraud those subjects of His Majesty the King as should deal with a firm called the Prudential Exchange, in the buying and selling of stocks and shares; all obtaining by false pretences from
<persName id="t19111107-name-42" type="victimName">
<interp inst="t19111107-name-42" type="gender" value="male"/>
<interp inst="t19111107-name-42" type="surname" value="FARQUHARSON"/>
<interp inst="t19111107-name-42" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-16-offence-1 t19111107-name-42"/>James Farquharson</persName> postal orders for £5, £5, and £10; from
<persName id="t19111107-name-43" type="victimName">
<interp inst="t19111107-name-43" type="gender" value="male"/>
<interp inst="t19111107-name-43" type="surname" value="WEST"/>
<interp inst="t19111107-name-43" type="given" value="JOHN ALBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-16-offence-1 t19111107-name-43"/>John Albert West</persName> postal orders for £5 and £15; from
<persName id="t19111107-name-44" type="victimName">
<interp inst="t19111107-name-44" type="gender" value="male"/>
<interp inst="t19111107-name-44" type="surname" value="RICHMAN"/>
<interp inst="t19111107-name-44" type="given" value="WILLIAM FRANCIS"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-16-offence-1 t19111107-name-44"/>William Francis Richman</persName> a banker's cheque for £10 and other cheques of the value of £2,640; from
<persName id="t19111107-name-45" type="victimName">
<interp inst="t19111107-name-45" type="gender" value="male"/>
<interp inst="t19111107-name-45" type="surname" value="BEARE"/>
<interp inst="t19111107-name-45" type="given" value="EDWIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-16-offence-1 t19111107-name-45"/>Edwin Beare</persName> banker's cheques for £5 and £10; from
<persName id="t19111107-name-46" type="victimName">
<interp inst="t19111107-name-46" type="gender" value="male"/>
<interp inst="t19111107-name-46" type="surname" value="PETTY"/>
<interp inst="t19111107-name-46" type="given" value="MORTIMER"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-16-offence-1 t19111107-name-46"/>Mortimer Petty</persName> a Bank of England note for £100 and a banker's cheque for £30, in each case with intent to defraud; all attempting to obtain by false pretences from
<persName id="t19111107-name-47" type="victimName">
<interp inst="t19111107-name-47" type="gender" value="male"/>
<interp inst="t19111107-name-47" type="surname" value="WEST"/>
<interp inst="t19111107-name-47" type="given" value="JOHN ALBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-16-offence-1 t19111107-name-47"/>John Albert West</persName> certain money, with intent to defraud</rs>; Forbes and Harrison
<rs id="t19111107-16-offence-2" type="offenceDescription">
<interp inst="t19111107-16-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19111107-16-offence-2" type="offenceSubcategory" value="bankrupcy"/>being undischarged bankrupts unlaw
<lb/>fully obtaining credit to the extent of £20 and upwards, to wit, from
<persName id="t19111107-name-48" type="victimName">
<interp inst="t19111107-name-48" type="gender" value="male"/>
<interp inst="t19111107-name-48" type="surname" value="RICHMAN"/>
<interp inst="t19111107-name-48" type="given" value="WILLIAM FRANCIS"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-16-offence-2 t19111107-name-48"/>William Francis Richman</persName> to the extent of £2,650, and from
<persName id="t19111107-name-49" type="victimName">
<interp inst="t19111107-name-49" type="gender" value="male"/>
<interp inst="t19111107-name-49" type="surname" value="PETTY"/>
<interp inst="t19111107-name-49" type="given" value="MORTIMER"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-16-offence-2 t19111107-name-49"/>Mortimer Petty</persName> to the extent of £130, without informing them they were un
<lb/>discharged bankrupts</rs>.</p>
<xptr type="pageFacsimile" doc="191111070010"/>
<p>Mr. Muir, Mr. Stanley Crawford, and Mr. Briggs prosecuted; Mr. Wickham and Mr. A. A. Scanlan defended Forbes; Mr. Huntly Jenkins and Mr. J. H. Myers defended Isaacs.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-50" type="witnessName">
<interp inst="t19111107-name-50" type="gender" value="male"/>
<interp inst="t19111107-name-50" type="surname" value="FARQUHARSON"/>
<interp inst="t19111107-name-50" type="given" value="JAMES"/>JAMES FARQUHARSON</persName> </hi>, labourer, L. and S.W. Railway. In cones
<lb/>quence of an advertisement I saw in the "Daily Mirror" similar to this (Exhibit 291): "Increase your income. Why rest on content with 5 per cent. interest on your invested capital when you can obtain a handsome fortnightly dividend on sums of £10 and upwards invested in absolute safety and your capital guaranteed against loss and with
<lb/>drawal at short notice?". On January 27, 1910, I wrote this letter to Duncan Forbes and Co. (94) asking for further particulars. In reply I received circulars similar to these (94, 96, and 96). I filled up the subscription form enclosed and sent five £1 postal orders with a letter dated February 4 (97) and received this receipt (98) signed "Duncan Forbes and Co." headed "Deal, 208," with a letter stating that a cheque for profit would be duly forwarded on the usual Stock Exchange pay day. About the end of the month I received a cheque for 8 1/2 d. with a statement of account (Exhibit 100) showing they had bought De Beers at £105, and sold them at £106 5s., making a profit of £1 5s., but as the result of a loss on their transaction in Koffyfontein shares the net profit was 8 1/2 d. Before receiving that cheque on February 18 I sent an
<lb/>other letter enclosing a further £5 in postal orders and received a receipt for it headed "Deal, 210" (102), which says on the back of it: "In consideration of our making no charge unless a profit is made, we reserve to ourselves the absolute control of the transaction as to the opening and closing of the deal, and under which understanding this receipt is given and accepted. A subscription is subject to a three months' notice of withdrawal unless otherwise arranged. I con
<lb/>tinued receiving small cheques fortnightly till May, 1910, when they began doing two deals monthly and I received cheques once a month. This continued till January. I received about £6 altogether in this way. With each cheque I got a statement of accounts similar to Exhibit 100, but relating to different stocks. Some time in March last year I received a telegram from them in consequence of which I sent them ten £1 postal orders, receiving the receipt (104) headed "Special Deal." Subsequently I received this sold note (105) dated March 22 and on March 25 I got a letter asking me to return it as it contained a clerical error and enclosing a rectified sold not (107). I continued to receive payments to the end of the year. On January 21, 1911, I wrote them Exhibit 108 asking as regards special deal in Nor
<lb/>folk and Westerns whether I was expected to instruct them to close the same. They replied stating that they much regretted they had not been able to close this deal as the markets were in a very unsettled state, but assuring me that as soon as they saw a substantial profit could be made they would close and forward me my capital and profit. I never received any part of that £10 back. On June 17 I received this circular from them (Exhibit 110: "In view of the com
<lb/>ments which have been most unjustly made by certain sections of the</p>
<xptr type="pageFacsimile" doc="191111070011"/>
<p>Press in disparagement of this firm's operations and position, which have most prejudicially affected the immediate realisation of.... investments.... we have thought it desirable under legal advice to temporarily discontinue our active operations for a short period...") In sending my money I believed that Duncan Forbes and Co. were stockbrokers on the Stock Exchange, and that my capital would not be lost because it was guaranteed and I believed the state
<lb/>ments contained in the circulars. I believed that the postal orders sent me were profits on stock deals, as shown in the accounts I subse
<lb/>quently received (Exhibits 62 and 62a) relating to the Prudential Ex
<lb/>change. I replied, but I sent no money.</p>
<p>Cross-examined by Mr. Wickham. I believed, according to the circulars, that the profits were being made by operating either for a rise or a fall in two different stocks; I am prepared to say they did not cover themselves by this method. I understood the circular. (Exhibit 96.) I do not allege that Duncan Forbes and Co. represented them
<lb/>selves in their circulars as being on the Stock Exchange. I never gave notice of withdrawal according to the notice on the back of Exhibit 102. None of my friends have ever had any transactions with the firm. I know that some of my money was invested in the French Palace Syndi
<lb/>cate, but they never mentioned anything about cover running off; I understood it was part of the "Complex Stock Deals." It was not in consequence of Mr. Muir's opening speech at the Police Court, in which he said that these circulars were only sent to ignorant people that I made a complaint. I never knew anything about cover. I knew nothing about the shares going up and down.</p>
<p>Cross-examined by Harrison. The fact that you said you had been in business four years was part of the inducement to me to send money. I understood from you I could withdraw the money I sent for the "Limited Liability Deal" on the same three months' notice as the "Complex Deal," but I did not give that notice. I understood that you were buying the shares outright and handling them.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-51" type="witnessName">
<interp inst="t19111107-name-51" type="gender" value="male"/>
<interp inst="t19111107-name-51" type="surname" value="WEST"/>
<interp inst="t19111107-name-51" type="given" value="ALBERT JOHN"/>ALBERT JOHN WEST</persName> </hi>, carriage cleaner, Great Eastern Railway Com
<lb/>pany. From time to time I received circulars from Duncan Forbes and Co and on April 26, 1910, I received this one, relating to "Com
<lb/>plex Stock Deals" (Exhibit 68). On April 29 I sent them five £1 postal orders and received a receipt. I subsequently received Exhibit 69, showing transactions in Straits Bertam and Merlimau shares resulting in a profit of 6s., for which they sent a cheque. Between May 27, 1910, and January 27, 1911, I received these accounts (Ex
<lb/>hibits 70 to 76), each with small cheques. Amongst the circulars I received was one relating to "Limited Liability Cover Department," and on June 10 I sent this letter (292), enclosing £15 in respect of it. I received a receipt (79). I have had nothing from them in respect of that amount. On June 14 they sent me a contract note showing how the money had been invested (12). Not having received anything in respect of that I wrote them on the following April 2, asking them why, and they replied regretting that the deal had been carried over so long, but that it was due to the heavy slumps in the American</p>
<xptr type="pageFacsimile" doc="191111070012"/>
<p>markets and asking time in which they could recoup their losses before they closed the deal and send me my profit. The total amount I have received in dividends is £1 18s. 3d., which was in respect of the £5. I believed they were carrying on a genuine business and the statements contained in their circulars were true.</p>
<p>To Mr. Wickham. I understood if they made a false deal and lost the money, the money would nevertheless be returned to me. I did not know that my £15 was invested in the French Palace Syndicate. I first came forward and gave evidence when I heard of the case in the papers, but it was not in consequence of reading Mr. Muir's open
<lb/>ing speech. I was not told when my capital would be returned to me and I have never asked for it. I have never had transactions with outside brokers before. I did not understand that if my money was lost through the stock going down, it would be invested in the French Palace scheme; I received a circular about that scheme, but I knew nothing about it. I knew my shares went down, but I did not under
<lb/>stand anything about my cover running off.</p>
<p>Re-examined. In no document sent to me in connection with my transactions is there mentioned anything about a French syndicate. (Witness's letter of April 2, 1911, and Duncan Forbes and Co.'s reply thereto, dated April 3, 1911, above referred to, were read, put in, and marked (Exhibits 293 and 294).</p>
<p>Further cross-examined by Mr. Wickham. I understood that if there were a loss the firm held the matter in their control. I did not understand that the title, "Limited Liability Cover Department" meant that there was a cover which might run off.</p>
<hi rend="smallCaps">JAMES FRANCIS RICHMAN</hi>, Vicar of Powerstock, Dorset. Amongst other circulars I received from Duncan Forbes and Co. were two one of which dealt with "Complex Stock Deal" and one with "Limited Liability Cover Department," similar to Exhibits 294 and 295. Exhibit 294 contains a list of previous transactions from July 1, 1909, to May 9, 1910, and Exhibit 295 an account with "J. T. L.," all showing profits. Believing them to be true and that the firm were carrying on a genuine business and had correspondents in all financial centres, as they stated, I sent this cheque for £5 for investment in the "Complex Deal" and received this receipt, dated June 4, 1910, which has an endorsement at the back similar to the one on Exhibit 102. On June 9 I sent a further cheque for the Limited Liability Special Deal and received a receipt which had the same endorsement. Exhibit 130 is the sold note I received, showing how my money was supposed to have been invested. On June 29 I received my first dividend relating to the Complex Deal, with a letter stating that my original capital had been reinvested. On July 11 I sent a further £100 for a special deal. About a fortnight before this I went to their offices and saw Forbes. I talked to him about the circulars I had received and asked him about the profits and he said that they had made profits of about 100 per cent. (Witness detailed the following further investments he had made: July 16,</p>
<xptr type="pageFacsimile" doc="191111070013"/>
<p>£1,000, Complex stock deal; July 27, £200 Complex stock deal; July 29, £25 Complex stock deal; August 6, £15 special deal; August 19, £40 Complex stock deal; September 3, £30 Complex stock deal; September 17, £1,180 Complex stock deal and Limited Liability deal; October 1, £55 French Palace Syndicate and Complex stock deal, pro
<lb/>ducing the original cheques, the receipts, sold notes, and other docu
<lb/>ments in connection therewith.) I can identify Exhibit 141 as being the original list of deals with other people, which they sent me on July 26, by the fact that the filing holes on it are the same as my files would produce. I can identify the circular, Exhibits 146 and 147, in the same way, the latter being headed, "Limited Liability Cover Department. How £15 may be invested on this occasion to produce £155 profit or more." I believed all the statements contained therein, (Witness gave details as to the sums he had received which were alleged to be dividends, producing statements of account in connection there
<lb/>with. July 28, 2s. 9d. and £27 10s., Exhibits 183 to 186; August 12, 16s. 3d., £6 10s., £32 13s. 3d., August 31, £21 15s. 6d., £4 6s., 10s. 10d., £2 4s., Exhibits 193 to 200; September 15, 19s. 6d. and £41 5s., Exhibits 201 to 204. His contract note of July 28, 1910, shows dealings in Grand Trunks to the extent of £150,000, resulting in a profit of £27 10s., for which I received a cheque for £27 10S. (above
<lb/>mentioned). I received this circular, dated September 13, 1910 (Exhibit 158), headed "Special offer," and stating that, having re
<lb/>ceived inside information, which they had verified, concerning a future rise in certain shares, they were prepared to guarantee £10 profit for every £50 invested, though a much higher profit was assured by wait
<lb/>ing.) My cheque for £1,180 is Exhibit 159 and the form I sent there
<lb/>with is Exhibit 160. I received a telegram from the firm asking me to call at London Wall. I went and saw Isaacs. He explained to me that Forbes was out, having waited for me, and I was late in keeping the appointment. We spoke for a few minutes about the French Palace Syndicate and then, referring to the Complex stock deal, he said that they had not done so well with them lately. I then re
<lb/>turned to Powerstock. Subsequently, about the end of September, Forbes came and saw me. He spoke of nothing but the French Palace Syndicate. On October 1 I sent him on a cheque for £50 to buy shares in that concern on the terms contained in the booklet he had given me. and a further £5 for the Complex stock deal, the profit to be rendered to me fortnightly thereon, as with the previous cheques. I produce the cheque for £55, the form I sent with the Complex stock deal, and the receipt from them. Before sending this money I had received, on September 29, cheques for £25 2s. 8d. and £28 3s. 4d., being the profits as shown on the statement of account enclosed (205 to 208). On October 14 I received further profits of £67 10s. (210) and the statement of account enclosed therewith (209) shows dealings between October 3 and 8 in Canadian Pacifics to the amount of £491,692, and in Grand Trunk Third Preference £141,450. On that day I received a further dividend of 2s. 9d. (Exhibit 212), and Exhibit 211 is the statement of account.</p>
<xptr type="pageFacsimile" doc="191111070014"/>
<p>(Wednesday, November 8.)</p>
<hi rend="smallCaps">JAMES FRANCIS RICHMAN</hi> (recalled). Further examined. On October 15 I sent £25 by cheque (Exhibit 171) and a form of sub
<lb/>scription (172) for a Complex stock deal. I received a letter and a formal receipt (173, 174) showing my £5 was so applied. On October 28 I received a further dividend of 2s. 9d. (213) in Complex stock deal No. 244, representing the profit on transactions in Unions and Norfolk and Western. Exhibit 214 is a statement of accounts. On October 27 I received a further dividend of 2s. 9d. and statements (215, 216) relating to the same transactions; on October 28 a dividend of 11s. and statement (217, 218); on same date a dividend of £67 13s. and statement (219, 220). Exhibit 220 relates to dealings in Unions and Norfolk and Western to a total amount of £699,024, the profit being £67 13s. and the commission £9 4s. 6d. Exhibit 209, October 14, relates to Canadian Pacifics and Grand Trunks, the amount being £679 7s. 6d., yet the commission and net profit are the same, £67 13s. On November 3 I sent a further investment of £10 by cheque (175) and form of subscription (176), which was acknowledged by letter (177) enclosing a receipt showing the £10 went to the Complex stock deal. That was the last money I sent. I sent altogether £2,500 for that deal and £150 for the special deals. I continued to receive dividends till February 24, 1911, each accompanied by sold and bought notes and statements of account. I received these documents (221 to 230), the total amount of dividend being £543. I never got any of my capital back again. Exhibits 231 to 254 are the cheques I received in payment of dividends. I never knew Forbes and Harrison were undischarged bankrupts. I believed they were able to fulfil the guarantee to repay giver in their circulars and in parting with my money I relied upon that guarantee. I should not have parted with it if my capital had not been guaranteed. Forbes verbally gave me references to Mr. Lever and Mr. Harper and I received letters from them in reply to mine. [Letters read, dated July 1, 1910.] I be
<lb/>lieved the dividends I received had been earned by transactions on the Stock Exchange. The bundle of letters (179) is the correspondence between the firm and myself, from July 19, 1910, to May 9, 1911. [Letters of November 8 and 17, January 25 and 30, February 2, 3, 6, 7, 13, and 27, March 1, 6, 8, 9, 29 and 31 were read.]</p>
<p>To Mr. Wickham. I at no time asked for my capital to be re
<lb/>turned. The letter of March 31 received from the firm said that all financial arrangements re the French Palace would be completed at the end of April, when I would be repaid, with the guaranteed bonus. I did not see from the newspapers that Mexican Second Preference, which on September 19 stood at 33, were down to 32 on September 23. If that is so I agree the cover had run off. I have had transactions with other outside brokers on many occasions, and understand the cover system in a general way. I did not get a guarantee from the other outside brokers. As to the transaction on October 28, £699,000 in Norfolks, I certainly understood I Was to find 1 per cent.</p>
<xptr type="pageFacsimile" doc="191111070015"/>
<p>and the firm 99 per cent. I admit I had an interest in the deals for the money I sent. I supposed the French Palace was going on all right until the attacks in the Press. I understood from Mr. Lever that he had been dealing with the firm for a period of four years, and I have no reason to think that is not true. To the best of my recol
<lb/>lection Forbes's words to me were, "I," or "we," representing the firm, "have carried on the business successfully for five years." Forbes said the French Palace Syndicate had been underwritten, and that all moneys would be repaid in a month or six weeks. He said one partner attended to the Complex deals through an inside broker. I had no doubt the firm were outside brokers. I thought that actual transactions took place on the Stock Exchange. As to the cheque for £5 sent on June 3, there was nothing definite said about profit, but Forbes said the average profits would be about 100 per cent. I do not think, even at compound interest, it would work out to that. There was some difficulty with the Mexican stock on account of the rebellion in Mexico, but that was after I wrote. I did not watch the stocks in the newspapers and do not know if the cover ran off some of them, but if so, but for the guarantee I should have had no further interest in those stocks, I presume. I do not know that on the question of principal and agent I should have had to indemnify them if I ordered them to buy something by cover. I did not read Law at Oxford. I believed the firm had correspondents in all financial centres and that that was a point likely to work in their favour. Forbes told me they had not been able to make any profit on the Limited Liability and special deals. I recognised from that that they could not have had unvarying successes. I continued to send money for investment after I had been told that some of the deals had not been doing so well. I made inquiries about the French Palace Syndicate and found it was satisfactory. I did not know that owing to the action £23,000 belonging to Duncan Forbes had been lost. I understood they would have had £100,000 if it had been successful and hope everyone would have been paid. I understood Duncan Forbes did not run the French Syndicate but were merely financing it. The guarantee was that of Forbes and Co. and not of the British Government and I must admit it depended necessarily upon the result of the investments. I received the dividends regularly. Early in August I received a subpœna to attend at the Guild
<lb/>hall; I think that was the first intimation I received from the prosecu
<lb/>tion. I did not make any complaint to the police. I cannot say I think the firm are more to be pitied than blamed. I expected the French Palace would shortly be able to pay everyone until I saw the notice of the bankruptcy on July 12.</p>
<p>Cross-examined by Harrison. I am aware one can deal on the Stock Exchange to thousands of pounds without ever touching a piece of scrip or certificate of shares. I did not suppose the stock entered into my possession. I realised I was entering into speculation, which means losing or gaining.</p>
<xptr type="pageFacsimile" doc="191111070016"/>
<p>Cross-examined by Mr. Myers. On one occasion in September when I called to see Forbes I saw Isaacs, and he told me he would report to Forbes. I did not know what position Isaacs held in the firm. I think before seeing Isaacs I was told I could see the manager. None of the letters to me were signed by Isaacs, or by him as manager for Duncan Forbes.</p>
<p>Re-examined. I did not understand when I invested my money that the guarantee was dependent upon the success of the French Syn
<lb/>dicate. The point never occurred to me.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-52" type="witnessName">
<interp inst="t19111107-name-52" type="gender" value="male"/>
<interp inst="t19111107-name-52" type="surname" value="BEERE"/>
<interp inst="t19111107-name-52" type="given" value="EDWIN"/>EDWIN BEERE</persName> </hi>, director of a company carrying on a refreshment-room business at Bridge House, Richmond. On August 31, 1910, I received this circular (Exhibit 299), headed "Complex Stock Dealing." I also received these circulars (300 and 3), the latter as to the financial crisis in America, and another similar to Exhibit 4, together with a form of application. (Exhibit 5.) On September 2 I sent a cheque for £5 (6) for an investment in the Complex stock deal. On September 3 I got a receipt (7). On September 15 I received a letter from Messrs. Duncan Forbes (9), saying I had made a profit on deal 238 of 3s. 3d., also a form of account and a cheque for the amount. I also received bought and sold notes. As to other deals, on September 29 and October 28, with profits of 2s. 4d. and 5s. 6d. (12, 13, 14), I had a circular on December 30 (15) apologising for not having carried through a single transaction that month. On January 27 I received a bought and sold note and statement (16, 17), stating I had made a profit of 4s. 4d. and on March 29 a circular of apology similar to Exhibit 15. I understood they dealt in the stocks referred to and that the cheques were for profits on deals. I thought my money had been invested in those stocks. I believed their statement that neither the firm nor one of their clients had ever suffered a reverse and that they had carried on the Complex stock deals for four years. With regard to special deals, I received this circular (19) on September 13, and on September 14 sent in an application form and a cheque for £10 (20, 21) for investment in that special deal, obtaining a receipt (22). There is a note on the back. I did not see that at the time. On September 14 I received a letter (Exhibit 23) and a contract note (24), and wrote acknowledging it (25). I also received a circular on October 26 (26) with an application form and wrote in reply (27). I watched the prices every day and made some memoranda on the back of Exhibit 19. On November 11 the price was 33—34; on Novem
<lb/>ber 15 it was 33 1/2 in one paper and 33(—(in another. I wrote on November 15 asking them to close the account and I also called them up on the telephone, the shares having reached 5 points profit. I had no reply. The next I heard was another circular about a special deal, on December 6. I invested no more money. I used their prepaid telegram to ask for a reply to my previous letter. I had no answer. I called upon the firm some time about the middle of December at 49, London Wall. Several times I saw nobody, but on one occasion I saw Isaacs and told him I had heard nothing in reply to my instruct
<lb/>tions to close and what was I to understand? He said he would</p>
<xptr type="pageFacsimile" doc="191111070017"/>
<p>inform Forbes that I had called. We discussed the matter generally and I said I was quite satisfied with the five points profit and did not desire to hold the stock any longer. He said several other people were interested in that stock and it was for Forbes to consider whether he would close the stock to pay me out or not. I said, "There is no necessity to close the stock; you are still offering it. Pay me my profit and capital back." I had not seen Mr. Isaacs before, but subse
<lb/>quently I saw him five or six times. When on the first, occasion I asked for Mr. Forbes and was told he was not in I asked to see some
<lb/>one in authority and they said "Will you see the manager?" I simply looked upon him as the manager. The letter of mine of December 14 was written the same day, when I re
<lb/>turned home. I think it necessitated another call, but to that I did get an answer eventually. The circular shown me was the only answer I got. It is a paper entitled "Our Weekly," dated December 13. From then to the middle of January I must have made five or six calls. I saw no one but the clerks. Then I watched the premises outside till I saw Mr. Isaacs go in and followed him upstairs. I asked to see him and was told he was not in. I insisted that he was and eventually saw him. He severely reprimanded the clerk for saying he was not in without making inquiries. He admitted I was entitled to receive my profit and capital, but it was a question of paying the amount. He said he would tell Mr. Forbes, who would probably send me a cheque. On February 15 I received another special deal circular (Exhibit 31), on the strength of which I think I wrote suggesting that, as they would have many applications from other clients, would they take over my ten shares? I either wrote to that effect or told Isaacs. He said he would see Forbes and write to me. 1 got no answer. On April 13 I received a letter (Exhibit 32) and wrote in reply (33). Then I wrote to Harrison's private address (34) and got a reply from the firm on May 6 (35). On the same date I wrote stating that I had told Isaacs I was prepared to accept an immediate payment of £20 in full satisfaction of my claims (Exhibit 303). I received Exhibit 36 and replied by Exhibit 37. I heard nothing further. I wrote again on May 15 and 20 (38, 39), and also on May 20 to Harrison's private address (40), and in reply received Exhibit 41. Immediately after that I went to the police really for information, to know if they knew anything of the standing of the firm. The last communication I had from the firm was a circular dated June 17 (Exhibit 42). I invested £15 altogether and received about 15s. 3d. in dividends from the Com
<lb/>plex deal and nothing from the other. I never received my capital back, though I applied for it. I believed the statements in the circular (Exhibit 19) before I parted with my money. I understood by the guarantee that they had such confidence in the way they invested their clients' money that they could afford to guarantee their capital and that they were in a position to do so. I believed their statements that they had made profits by simultaneously opening a bull and bear operation and that they had a correspondent in New York from whom they got advice from time to time.</p>
<xptr type="pageFacsimile" doc="191111070018"/>
<p>To Mr. Wickham. It may have been on July 3 I swore the in
<lb/>formation at the Guildhall. I am well versed in company matters. My company is very small, with only eight shareholders. I sent a cheque for £5 on September 2 and got a receipt with a notice on the back (Exhibit 22). I did not see that notice at all. I received divi
<lb/>dends: September 15, 3s. 3d.; September 29, 2s. 2d.; October 28, 5s. 6d.; January 27, 4s. 4d. I have not worked out the percentage of profit. I know the firm would have to pay certain expenses on the Stock Echange. I had one or two communications to the effect that, owing to the markets being stagnant, they were unable to work their business profitably. I thought the circular strange because a lot of money was being made on the Stock Exchange at that time by judi
<lb/>cious investors. When I invested the £5 I thought they were prin
<lb/>cipals and brokers—that they both dealt and invested for clients. I believed they invested my £5 in various stocks and themselves gave the balance to make up the £100. In face of the letters I received I believed they carried on the deals without a single reverse. I have had dealings with other outside brokers; I had an account, not the cover system. If a stock had gone down 20 points I should have had to pay £20 on each £100. I do not deny that Mexico Second Pref. which I bought on September 14 at 33 1/2 were down to 32 1/2 on Septem
<lb/>ber 21. My cover had not gone, because they guaranteed the capital. There was no connection between the guarantee and the French Palace. On May 6 my letter to Harrison was acknowledged by Duncan Forbes and Co. and they asked me to name the terms of settlement which I had proposed to Harrison. That was after I had threatened to go to the City Police. I thought their correspondents were in possession of reliable information and would guide them. I have no reason to doubt the business had been carried on for four years. I did not doubt there was a branch office in Paris, but I know nothing about it. I heard there were correspondents in Amsterdam and New York. When I wrote claiming immediate fulfilment of the contract I referred to the contract when I sent the cheque for £10.</p>
<p>Cross-examined by Harrison. I swore in the information that I thought the firm were genuine stock and share dealers and brokers. I think you say in your circular you had brought the shares for 26. If they were bought it was a genuine Stock Exchange transaction.</p>
<p>(Harrison here wished to hand to witness a contract showing that 200 shares had been bought that very day, but in answer to the judge said he did not put the document in. It was in at the police court.)</p>
<p>Judge Lumley Smith. To show him a document he knows nothing about will not advance your case. If you want to prove you did buy them it must be shown in some other way.</p>
<p>Cross-examination continued. When I saw Isaacs I did not ask him to produce a contract. I did not see the notice on the back of the receipt which states: "In consequence of the guarantee which we give to repay the capital we reserve to ourselves the right of opening and closing the deal." If I had I should have communicated with you upon it, because it was not part of the contract, which was without</p>
<xptr type="pageFacsimile" doc="191111070019"/>
<p>any reservations. The document was in my possession for twelve months, but I first saw that notice at the police court. There is no reference on the face of the document to it. There were several papers pinned together. You evidently infer by that notice that you reserve that right. I saw that, in, order to get a return of my capital in the Complex, I had to give three months' notice of withdrawal. I gave verbal notice to withdraw in the Mexicans, but I never pressed for my money in the Complex deal. I think the three months had expired when I went to the police. I claimed the return of the £10 upon the face of the contract I signed, and your circular which said that when five points profit were made you undertook to return the profit and the capital; but if I so chose I could go on until the shares reached some fabulous price, somewhere about 70. The "immediate result" I expected from going to the police was exposure. I thought the money was due to me when I saw Mr. Isaacs, but I lost confidence in your ability to keep your promise.</p>
<p>To Mr. Myers. I sent £15 altogether and offered to settle it for £20 with Isaacs and he said he would suggest my wishes to Forbes; he was only the manager and was not in a position to give me a cheque. As to the occasion when I called after I had seen Isaacs go in and was told he was out, I know there is a separate entrance to his room without going through the clerks' room. The boy maintained he was not in, after I told him he was. Eventually he went away and came back and I was shown in to Isaacs. He reprimanded the boy for being so stupid as to say he was not in when he was.</p>
<p>Re-examined. The letter (Exhibit 36) from the firm said, "We will satisfy your claim of £20." I did not see the notice on the back of the receipt, but even if I had it would have been after I had accepted the offer of the contract and would have made no difference, except that I should have objected to it. I had paid the money on the strength of the circular (19). I received the circular repeatedly, stating that they had had no reverse and I believed it. Isaacs said he thought I was entitled to my claim; he did not say anything about the cover running off. I did not look upon it as cover at all. There is nothing in any circular stating that upon the cover running off the guarantee would take effect in the French Palace. I did not go to the police till May 25 and I have made no claim upon the firm since. I have seen the bought and sold notes and statements of account which came with my cheques and I believe on one occasion I noticed commis
<lb/>sion was charged. That did not help me to judge as to whether they were principals or brokers.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-53" type="witnessName">
<interp inst="t19111107-name-53" type="gender" value="male"/>
<interp inst="t19111107-name-53" type="surname" value="PETTY"/>
<interp inst="t19111107-name-53" type="given" value="WALTER"/>WALTER PETTY</persName> </hi>, schoolmaster, Hull. On March 23, 1911, I received this circular about Complex stock deals (Exhibit 111). As to the state
<lb/>ment that the system had been carried on by Duncan Forbes and Co. for five years I had no information to contradict it. I sup
<lb/>pose I may say I believed it. I believe they had done so without a single reverse. I believed the account set out of "M. D. H." represented genuine transactions, that the profit had been earned and paid to him. I sent £100 in notes on April 29, together with a</p>
<xptr type="pageFacsimile" doc="191111070020"/>
<p>letter (Exhibit 112). I suppose believed they could repay the capital they were guaranteeing. I sent in a form of subscription (113). I got a letter and receipt (114, 115), dated May 2, showing my money had been applied to the Complex stock deal. On May 9 I received a telegram (116) and sent them a letter and a cheque for £30 on May 10 (117, 117a). I received a letter and receipt dated May 11 (118, 119) showing that my £30 was applied to Limited Liability special deal. I also got a sold note dated May 11 (120) recording a sale to me of 150 Atchisons at 113(. At the end of the month I wrote twice and wired once, but got no reply. I never got any money back at all. I came to London on June 3 and went to 49, London Wall, the office of the firm. I saw no one except a man who seemed to be waiting about. I fancy he was in charge. But there was nobody there who knew anything about the business, and no furniture. I did not know that the partners in the firm were undischarged bankrupts.</p>
<p>To Mr. Wickham. I did not know on June 3 that there had been attacks in the Press on the firm which had ruined the business. I bought 150 Atchisons on May 11 at 113(. I watched the papers but I cannot remember whether on May 12 they were 112(. I did say at the police court that I attached no importance to the guarantee; it was a personal guarantee, that was all, and therefore if anything went wrong with the firm the guarantee went with it. I agree that when the cover ran off my interest in the stock altogether ceased except for the guarantee of the firm. I said at the police court, "I was not deceived by the circular."</p>
<p>To Mr. Myers. I do not know Isaacs at all, and have had no correspondence with him.</p>
<p>Re-examined. I understood it was merely a personal guarantee and depended entirely on the gentlemen themselves. There was no security at all for the guarantee, and I must trust or leave. If I had known the two men were undischarged bankrupts I should not have accepted their guarantee or sent my money. I took the circular to be bona-fide, but the sequel opens my eyes, and I find that I was deceived.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-54" type="witnessName">
<interp inst="t19111107-name-54" type="gender" value="male"/>
<interp inst="t19111107-name-54" type="surname" value="MALLINSON"/>
<interp inst="t19111107-name-54" type="given" value="JOHN EDWARD"/>JOHN EDWARD MALLINSON</persName> </hi>, clerk in the General Post Office, pro
<lb/>duced the original telegram dated May 9, 1911, sent by the firm to Mr. Petty (Exhibit 171).</p>
<hi rend="smallCaps">
<persName id="t19111107-name-55" type="witnessName">
<interp inst="t19111107-name-55" type="gender" value="male"/>
<interp inst="t19111107-name-55" type="surname" value="TREVOR"/>
<interp inst="t19111107-name-55" type="given" value="JOHN"/>JOHN TREVOR</persName> </hi>, surveyor, 2, Coleman Street. The agreement for the letting of 49, London Wall (Exhibit 92) was executed in my pre
<lb/>sence by Mr. Duncan Forbes, described as trading as Duncan Forbes and Co., of 325 and 326 Finsbury Pavement House. It is for five years at an annual rental of £170, payable quarterly in advance. I also had the letting of the latter address. At first Duncan Forbes and Co. were the sub-tenants of Mr. Casparis, but afterwards they had the exclusive use of two rooms for £2 per week. I introduced them to Casparis.</p>
<p>To Mr. Wickham. As I let the offices to Duncan Forbes and Co. I knew who they were when they went to London Wall, and</p>
<xptr type="pageFacsimile" doc="191111070021"/>
<p>what their business was. They moved from one to the other of their own accord.</p>
<p>To Mr. Myers. Mr. Isaacs had nothing to do with the offices being let.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-56" type="witnessName">
<interp inst="t19111107-name-56" type="gender" value="male"/>
<interp inst="t19111107-name-56" type="surname" value="WAGSTAFF"/>
<interp inst="t19111107-name-56" type="given" value="WILLIAM"/>WILLIAM WAGSTAFF</persName> </hi>, porter at Finsbury Pavement House. In the autumn of 1909 there was a tenant there named Casparis, who had as sub-tenants Duncan Forbes and Co. from September, 1909, to February, 1910. I knew three gentlemen as members of the firm—as using the rooms.</p>
<p>To Mr. Wickham. Trevor, the agent for letting the offices, did not introduce them to Casparis, so far as I am aware.</p>
<p>To Mr. Myers. I always understood Isaacs to be classed as one of the firm; but I had no grounds for coming to that conclusion.</p>
<p>To the Court. The three defendants used to come there every day. I used to go into the place when they were there perhaps three or four times a week. Isaacs used to give his orders.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-57" type="witnessName">
<interp inst="t19111107-name-57" type="gender" value="male"/>
<interp inst="t19111107-name-57" type="surname" value="SMITH"/>
<interp inst="t19111107-name-57" type="given" value="CECIL"/>CECIL SMITH</persName> </hi>, managing clerk to John Trevor. I know Forbes. (Pointing him out in the dock.) I knew him by the name of Rupert Scott. He called at our offices in May of this year in that name and wanted some offices. He called several times, and said he wanted them at once. I prepared an agreement for the letting of 103 and 104, Cheapside (Exhibit 122) for five years at £80, payable quarterly in advance, on May 9. It was executed in my presence by the pri
<lb/>soner, and I saw him sign the name "Rupert Scott" at the end. The rent was paid in advance by cheque drawn "Per pro Harrison."</p>
<p>To Mr. Wickham. I said at the police court, "I knew him as Duncan Forbes and Co. before he signed the agreement." He gave a reference, which I took up; it was a man in King Street, Cheapside. I swear Forbes signed the agreement. I did not sign as a witness because I did not wish to do so. It is the practice for me to witness agreements.</p>
<p>Re-examined. I should say the signatures "Rupert Scott." in the agreement (Exhibit 122) and in Exhibits 62 and 62a are in three distinct handwritings.</p>
<p>Mr. Muir. Exhibit 62 is the letter sent with the circular relating to the Prudential Exchange, which is the address in Cheapside, and 62a is the circular itself. They are lithographed signatures.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-58" type="witnessName">
<interp inst="t19111107-name-58" type="gender" value="male"/>
<interp inst="t19111107-name-58" type="surname" value="FILKINS"/>
<interp inst="t19111107-name-58" type="given" value="WILLIAM DAVID"/>WILLIAM DAVID FILKINS</persName> </hi>, secretary to William Wilson and Co., Limited, 103 and 104, Cheapside. At the beginning of May, 1911, Forbes came with an order from Mr. Trevor to view some offices in that building. I asked for the name, but he said it was for a friend of his. I saw the agreement (Exhibit 122) afterwards, with the name "Rupert Scott" upon it. No one ever entered into possession of the office or had the keys. A good number of letters came addressed to Rupert Scott and the Prudential Exchange. A messenger called three or four times with a note, "Please give bearer any letters that may have arrived for the Prudential Exchange or Rupert Scott." I pro
<xptr type="pageFacsimile" doc="191111070022"/>
<p>one such note, signed "R. Scott" and dated May 29, 1911. It ends, "Hope to be up in a day or two." [Put in and marked Exhibit 304.]</p>
<p>To Mr. Wickham. About one-eighth of the letters were letter-packets returned from the Post Office. I should not know whose writing the signature on the agreement was.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-59" type="witnessName">
<interp inst="t19111107-name-59" type="gender" value="male"/>
<interp inst="t19111107-name-59" type="surname" value="SCHIDECKER"/>
<interp inst="t19111107-name-59" type="given" value="EMIL ADOLPH"/>EMIL ADOLPH SCHIDECKER</persName> </hi>, managing director of the Polyglot Print
<lb/>ing Company, Finsbury. I have done printing work for Duncan Forbes and Co from about September, 1909, till the beginning of this year. It was mostly circulars. Exhibit 65 is a file of such circu
<lb/>lars, and 64 is the accounts relating to the circulars, and other docu
<lb/>ments printed. Some were for Finsbury Pavement House and some for London Wall. The total amount was £7,405. All the accounts were duly paid up to the last. I have done work for them this year. £302 is now owing. The circulars when printed were sent to Messrs. Smith and Co., envelope dressers and circular posters. Each of the three gentlemen in the dock gave me orders, and I have had orders from the young ladies in the office, from the office boy, or on the 'phone. Exhibits 2, 3, 4, 15, 18, 19, 26, 28, 31, and 111 were all printed by me for Duncan Forbes and Co.</p>
<p>To the Court. Most of the orders were given to me by Isaacs, I think.</p>
<p>To Mr. Wickham. I took the first order myself, not my partner. Payment was satisfactory until the attacks in the Press. It was after the arrest of Forbes that I was asked to give evidence.</p>
<p>To Harrison. I only took orders once or twice from you. It was when you published "Our Weekly" instead of the circulars. You gave me the "copy" and that was the order. I believe there was a delay between when the order was given and the "copy" given to me. I could not say the order was given by you.</p>
<p>To Mr. Myers. Whoever gave the order, it was put down to the account of Duncan Forbes and Co. I always understood Mr. Isaacs to be a servant of the firm. Sometimes the orders were given by the young lady typists or the office boy.</p>
<p>To the Court. They handed me the "copy." That was the only order I had for all the work. There were five or six young ladies there, a commissionaire, an office boy, and the defendants.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-60" type="witnessName">
<interp inst="t19111107-name-60" type="gender" value="male"/>
<interp inst="t19111107-name-60" type="surname" value="CLAYTON"/>
<interp inst="t19111107-name-60" type="given" value="HARRY"/>HARRY CLAYTON</persName> </hi>, clerk at Messrs. Strakers, Ludgate Hill. On May 22, 1911, this order was brought in to print headings for letter paper (Exhibit 124). It was for the "Prudential Exchange, head office, 103 and 104, Cheapside, secretary, Rupert Scott." Isaacs brought the order. The paper when printed was sent to the Roneo Duplicating Company.</p>
<p>To Mr. Wickham. I did not see the prisoner nearest to me (Forbes). I was asked to give evidence about a fortnight before I did so. I gave evidence on August 2.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-61" type="witnessName">
<interp inst="t19111107-name-61" type="gender" value="female"/>
<interp inst="t19111107-name-61" type="surname" value="ATKINS"/>
<interp inst="t19111107-name-61" type="given" value="LOUISA"/>LOUISA ATKINS</persName> </hi>, manageress of the Roneo Duplicating Company, 29, Queen Victoria Street. Isaacs brought me an order on May 24, 1911, to duplicate some circulars. I did not know his name. Ex
<xptr type="pageFacsimile" doc="191111070023"/>
<p>62 and 62a are the circulars. He said the headed sheets would come from Messrs. Straker's and we were to do the typing. The order was for 2,000—1,000 four-page and 1,000 two-page.</p>
<p>To Mr. Myers. Isaacs subsequently sent a boy named Gall.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-62" type="witnessName">
<interp inst="t19111107-name-62" type="gender" value="male"/>
<interp inst="t19111107-name-62" type="surname" value="GALL"/>
<interp inst="t19111107-name-62" type="given" value="CYRIL HENRY"/>CYRIL HENRY GALL</persName> </hi>. I am called "John." I was employed by Duncan Forbes and Co. from February 12, 1910, onwards, as office boy and general clerk. Harrison engaged me. I attended at the offices, 235 and 236, Finsbury Pavement House, and 49, London Wall, daily, down to May, 1911. Forbes, Harrison and Isaacs carried on the business; Forbes and Harrison as partners and Isaacs as manager. In February, 1910, there were on the staff myself and four girls. Arnold, the commissionaire, came afterwards. When persona came to the office who wanted an interview they saw Forbes or Isaacs, never Harrison. Isaacs opened the letters in the morning as a rule, and sometimes Forbes. Harrison ceased to attend the office first, just after Christmas, then Forbes, about March, and Isaacs remained till the middle of May. After they had all ceased to attend I still attended, together with Miss Harling, Miss Underwood, Miss Hopkins, Miss Bull, Miss Cousins, and the commissionaire, until the beginning of June. That was at 49, London Wall. I stayed till the bailiffs took away the furniture on June 12. During that time I used to communi
<lb/>cate with Isaacs either on the 'phone or at the corner of London Wall and Coleman Street by appointment. I gave him the names of clients who called, and sometimes he gave me the wages and messages to Miss Harling about the clients, to tell them the firm would write to them. The letters which arrived were given to Miss Harling and she opened them, and if there were any cheques in them she sent them to the bank. They were entered in a pay-book and we used to write and say we had received the cheque, and answer the letters. Neither Isaacs nor any of the defendants ever saw those letters. After June 12 Miss Harling, Miss Constance Underwood, Miss Edie Underwood, and I went to 63, Finsbury Pavement, the office of Harrison. That is about two minutes' walk from 235, Finsbury Pavement House. I had been at 63, Finsbury Pavement during the period between the middle of May and June 12 and had seen Harrison, Forbes, and sometimes Isaacs there. I went to take a letter given me by Miss Harling to take over. I delivered it to one of the three defendants, and sometimes I got an answer to the letter. I only did that two or three times. The staff remained there till a few days before the arrest, the end of June. I never saw either of the defendants there after the staff went there. The last date I saw them there was about the beginning of June. While I was there I communicated with Isaacs, and sometimes with Harrison and Forbes by post and telephone. I used to ring them up at the Coventry Restaurant, Finsbury. Isaacs gave me the key to 63, Finsbury Pavement on the day the bailiffs took the furniture from London Wall. Isaacs sent me to the Roneo Company to get some printed matter. Exhibits 62 and 62a are similar to what I got. We folded them up and sent them off to clients. They are Prudential Exchange circulars. We were using the London Wall office then. We</p>
<xptr type="pageFacsimile" doc="191111070024"/>
<p>also sent them from 63, Finsbury Pavement, on instructions from Isaacs. The address on the documents is "103 and 104, Cheapside." I never went there. On one occasion at London Wall a man threatened me on the stairs that he would fetch a policeman if I did not tell him where Harrison was. I told Harrison that, and he told me to collect all papers from his desk and take them to J. J. Edwards and Co., solicitors, Sackville Street, which I did. Exhibits 269, 270 and 271 were among the papers I took there. That would be about March. I never saw them again till I saw them at the police court. I deposited a parcel at the cloak room, Broad Street Station, and got this ticket for it (Exhibit 58). It contained the paying-in books. I got them from Harrison's desk and the safe. I had instructions from Isaacs. The ticket is in Harrison's name, and I sent it to him at 28, Victoria Road, Kensington, where he lived.</p>
<p>Mr. Wickham said that the boy had admitted in his corrected deposi
<lb/>tions that the man who threatened him with the police was an adver
<lb/>tising agent and had nothing to do with anything else.</p>
<p>(Friday, November 10.)</p>
<hi rend="smallCaps">
<persName id="t19111107-name-63" type="witnessName">
<interp inst="t19111107-name-63" type="gender" value="male"/>
<interp inst="t19111107-name-63" type="surname" value="MALCOLM"/>
<interp inst="t19111107-name-63" type="given" value="GEORGE THOMAS"/>GEORGE THOMAS MALCOLM</persName> </hi>, clerk, London City and Midland Bank, Coleman Street Branch. Forbes opened an account at our branch on September 18, 1909, in the name of Duncan Forbes and Co. At first he was the only person who signed cheques on that account. After
<lb/>wards Harrison signed. That account was closed on October 21, 1911. I produce correct copies of extracts from the books of the bank.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-64" type="witnessName">
<interp inst="t19111107-name-64" type="gender" value="male"/>
<interp inst="t19111107-name-64" type="surname" value="LANGWORTH"/>
<interp inst="t19111107-name-64" type="given" value="SAMUEL"/>SAMUEL LANGWORTH</persName> </hi>, cashier, Barclay's Bank, Lombard Street, E.C. Exhibit 279 is a copy of the ledger account of Burrow Cleveland and Fuller, who were customers of our bank, Forbes was the customer we knew as B. C. Fuller. Exhibit 280 contains particulars extracted from the books of the bank showing bank notes paid into and out of Fuller's account.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-65" type="witnessName">
<interp inst="t19111107-name-65" type="gender" value="male"/>
<interp inst="t19111107-name-65" type="surname" value="YOUNG"/>
<interp inst="t19111107-name-65" type="given" value="JOHN FRASER"/>JOHN FRASER YOUNG</persName> </hi>, clerk, Parr's Bank, Lombard Street. Exhibit 263 is a copy ledger account of our bank with Mrs. Fuller; 262 is a copy of the notes received on that account. I do not know Forbes.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-66" type="witnessName">
<interp inst="t19111107-name-66" type="gender" value="male"/>
<interp inst="t19111107-name-66" type="surname" value="BOYLE"/>
<interp inst="t19111107-name-66" type="given" value="GEORGE INGLIS"/>GEORGE INGLIS BOYLE</persName> </hi>, messenger, London Bankruptcy Court. I produce the file in the bankruptcy of Charles Suraco, trading as H. Chancellor and Co., 19, Manchester Avenue, E.C. The date of adjudi
<lb/>cation is February 19, 1895; the petition was filed in 1894. The bankrupt has not been discharged. I produce the file in the bank
<lb/>ruptcy of William Humberd, 24, Queen Victoria Street, E.C, stock and share dealer, residing at 7, Ridgmount Gardens, Gower Street. The petition was filed on May 29, 1909, the receiving order was made October 29, 1909, the adjudication was November 26, 1909. The bankrupt has not attended for public examination. I produce the file in the bankruptcy of Burrow Cleveland and Fuller. The adjudication was December 20, 1897. The bankrupt has not been discharged.</p>
<xptr type="pageFacsimile" doc="191111070025"/>
<hi rend="smallCaps">
<persName id="t19111107-name-67" type="witnessName">
<interp inst="t19111107-name-67" type="gender" value="male"/>
<interp inst="t19111107-name-67" type="surname" value="KNIGHT"/>
<interp inst="t19111107-name-67" type="given" value="JOHN BROUGHTON"/>JOHN BROUGHTON KNIGHT</persName> </hi>, Assistant Official Receiver in Bank
<lb/>ruptcy. I have the file in the bankruptcy of Charles Suraco, whom I saw. He is prisoner Harrison.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-68" type="witnessName">
<interp inst="t19111107-name-68" type="gender" value="male"/>
<interp inst="t19111107-name-68" type="surname" value="HOLLAND"/>
<interp inst="t19111107-name-68" type="given" value="WILLIAM"/>WILLIAM HOLLAND</persName> </hi>, Sergeant at Mace for the Sheriffs of the City of London. On March 17, 1911, I took possession of the effects of Dun
<lb/>can Forbes and Co, at 49, London Wall, under a judgment for £206 4s. That was satisfied on March 27. On March 22, I received a further execution for £31 2s.; that was satisfied on April 15. On April 8 I received a further execution for £34; that was satisfied on May 6. There was a further execution for £26 10s. on April 13, which was satisfied on May 27. Between May 25 and June 11 there were three other executions amounting to £270, which, as far as I know, were not satisfied. After May 27 I had to withdraw in favour of another officer.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-69" type="witnessName">
<interp inst="t19111107-name-69" type="gender" value="male"/>
<interp inst="t19111107-name-69" type="surname" value="GALL"/>
<interp inst="t19111107-name-69" type="given" value="CYRIL"/>CYRIL GALL</persName> </hi> recalled, cross-examined by Mr. Wickham. The man who stopped me on the stairs and wanted me to make a parcel of some contract notes was an advertising tout. The firm of Edwards and Co., to whom I afterwards took the contract notes, had nothing to do with that. After Harrison left London Wall I did not see him at the offices of the French Palace Syndicate. It was Mr. Isaacs I saw. They could both be found there. I saw a lot of foreign correspondence at London Wall. I knew M. Parent, of Paris, was a correspondent of Duncan Forbes. About 3,000 cheques a fortnight were sent out for dividends. I first heard of the attacks in the Press about August, 1910; I am not certain about the date. I believed the business carried on was bona fide. When I left London Wall there would be 60,000 or 70,000 cheques which had been paid to clients. They show that more than £250 had been paid to clients. Forbes left the offices just after Christmas and went to the offices of the French Palace Syndicate. Instructions were given to Miss Harling in my presence to return all letters with money. I know she did return them. I often telephoned the brokers. In doing so I have told Magniac Williamson and Co. we were Duncan Forbes and Co. When I deposited certain documents at the cloak-room last witness had not been to the office.</p>
<p>To Harrison. The advertising tout threatened me with the police and pinned me in a corner. When I 'phoned you about it next morn
<lb/>ing you were not frightened. I did not take all the contents of your desk to J. J. Edwards. I found the contract notes in your desk. That is where they were kept. They were not kept in the outer office in a file. I got the key of your desk from you or Miss Harling. I did not get the contracts out of your desk; I got some out of a box file which was kept in the outer office. I did not take anything else up to J. J. Edwards. I have said that you absented yourself from the offices immediately after Christmas. I remember a member of the staff getting married in February. You gave several of us permission to go to the ceremony. When you were not at the office you could be found at the French Palace office up to the very last. I came there and saw you frequently. Clients were always attended to when they came. You always fixed appointments with people in connection with</p>
<xptr type="pageFacsimile" doc="191111070026"/>
<p>the French Palace business at 63, Finsbury Pavement, the offices of C. Harrison and Co. Miss Harling and Miss Underwood went there for instructions.</p>
<p>To Mr. Huntly Jenkins. I looked upon Forbes and Harrison as the principals in the firm. I was there over a year, up to the arrest. I do not know if Isaacs was a paid servant. I looked upon him as the manager. The staff was paid regularly till within a short time of the arrest by Forbes. I did not see him pay Isaacs. I deposited the parcel at the cloak-room by Isaacs's instructions. That was about May, I think. He told me to send the ticket on to Mr. Harrison. He conveyed to me that it was being done by Harrison's directions.</p>
<p>Re-examined. The instructions to return letters containing cheques were given at Finsbury Pavement after we had left London Wali. Miss Harling only returned one to my knowledge. I would ring up the stockbrokers and say we were Duncan Forbes and Co.; then Harrison would speak. I did not hear him say who he was. No one else spoke after I had rung up to my knowledge. I only rang up Magnac Williamsons, not Howe Newbold and Co.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-70" type="witnessName">
<interp inst="t19111107-name-70" type="gender" value="female"/>
<interp inst="t19111107-name-70" type="surname" value="HARLING"/>
<interp inst="t19111107-name-70" type="given" value="MINNIE DAVIDSON"/>MINNIE DAVIDSON HARLING</persName> </hi>. I was engaged as bookkeeper to Dun
<lb/>can Forbes and Co. In January, 1910, I answered an advertisement and saw Harrison at Finsbury Pavement. I moved with the firm to 49, London Wall, and on June 12 to Finsbury Pavement. I left about the end of June. I received my instructions from Forbes and Harrison, and from Isaacs occasionally. All three attended regu
<lb/>larly at London Wall. Harrison and Forbes ceased to attend, as far as I remember, about February, 1911, and Isaacs a little later, April or May. After that date I used to get instructions from Harrison by telephone. Forbes may have telephoned once or twice. As far as I remember that was the only sort of communication I had with Forbes from February to June. I had a letter from Harrison. Letters from Paris came by post. I might have had verbal messages from defendants through Gaul, the office boy. I think the brokers were in possession of the offices at London Wall from March 7 to June 12, when the goods were removed. I then got instructions to go to 63, Finsbury Pavement, through Gaul. I made entries in Ex
<lb/>hibit 43 respecting Complex stock deals. There was some writing in it before. Each deal was dated when I entered it and numbered. This entry of deal 206B shows the names and the amounts received by the firm. The earliest entry in the book is October 4; it does not say what year, I think it is 1909. It is in Harrison's writing. The writing at page 262 is Isaacs's. Exhibit 2 is a circular issued by Duncan Forbes, dated August 31, 1910; the third page contains a list of Complex stock deals. The earliest is numbered 195B. That is obviously July, 1909. There are no entries in the ledger handed to me on any of those deals down to 197B, which deal is also in Harri
<lb/>son's handwriting. Exhibit 44 is another Complex deal book which was kept by Miss Hopkins. I instructed her in the method of keep
<lb/>ing it. She began making entries in it on May 23, 1910. Some of it is in my writing. The latest date in the book is October 10,</p>
<xptr type="pageFacsimile" doc="191111070027"/>
<p>1910. Exhibit 45 is another Complex stock deal book beginning October 17, 1910. That is in Miss Hopkins's writing. Some of it is mine. We also kept a book which had the names of the persons sub
<lb/>scribing for the Complex stock deals arranged approximately in alpha
<lb/>betical order. Exhibit 48 contains partly the same particulars as Ex
<lb/>hibits 43 and 44. The deals are not shown in Exhibit 48; they are arranged in alphabetic order. I cannot tell by looking at the book what deal I was first engaged in. The subscribers got the same amount of money no matter what deal they were in. Sometimes there were two deals. Then they had different dividends. Page 2 Exhibit 111, which is a circular dealing with Complex stock deals, says, "The following illustration, which is a correct copy of the statement of account, shows the rise and fall of the market and also the parti
<lb/>culars of the transaction M. D. H. in account with Duncan Forbes and Co." M. D. H. are my initials. I never had an account with Duncan Forbes and Co. I cannot see those initals in the books or any name with those initials. The book marked "ex register" con
<lb/>tains the names and addresses of clients. I cannot find any intials M. D. H. I was never asked to give a reference for Duncan Forbes and Co. I think Harrison gave me instructions to make entries in Exhibit 50. £5,468 6s. had been returned in dividends and £880 capital in Complex stock deals. The figures have only been roughly got out, but subject to accidental error they are correct. Mr. Harri
<lb/>son made the first, entries in Exhibit 45, limited liability deals. The earliest entry made by myself is January, 1910. While I was there a few persons were paid dividends on special deals, perhaps 20. There are no entries in the ledger for Complex stock deals after April, 1910. Mr. Hermann was one who received dividends in limited liability deals. He was the father of a lady clerk in the office. When cheques were first sent out they were in the form of cheques on the bank. Afterwards Duncan Forbes sent out cheques on themselves, which were presented by bank clerks at the office. No other record was kept than the counterfoils of the cheques of dividends sent to clients. A record was kept in a book called the bank book of cheques drawn by Duncan Forbes on themselves and presented for payment by bank clerks. I think they were always crossed. The book (Exhibit 274) records transactions between Harrison and stockbrokers on the Stock Exchange. No record of Mrs. Fuller's dealings were kept in the office. No record was kept of anybody else's dealings at Duncan Forbes's with stockbrokers. Exhibit 45 records the repayments of capital only, not dividends. The latest entry is April, 1911. Repay
<lb/>ments in respect of limited liability deals would be found in that book. Such repayments were mostly by cheque; sometimes by money order. Exhibit 24 is a sold note to Mr. Beare, dated September 14, 1910, 50 National Mexico Second Preference, 33? I filled in that note from information supplied by Harrison. That was the usual practice. I have spoken to Magniac Williamson and Co. on the telephone, not to Howe Newbold and Co. that I remember. I used the name of Mr. Harrison. I did not mention Duncan Forbes and</p>
<xptr type="pageFacsimile" doc="191111070028"/>
<p>Co. I would then call Mr. Harrison. I would give the stockbrokers di
<lb/>rections if Harrison instructed me, but not often. I received instruct
<lb/>tions from Harrison to return remittances just before I left. This was at Finsbury Pavement. I returned one £10. I did not return any after that; we did not receive any. Exhibits 272 and 273 were cheque-books used for the purpose of returning capital to clients. There was another previous to those. The circular (Exhibit 111) is similar to that sent to Mr. Petty. Exhibit 284 is similar. It has the words in pencil, "Send to clients who have had capital returned." I do not know the handwriting. I heard Harrison say it was his. I never saw a press copy letter book used. I never saw letters to a correspondent in New York, Amsterdam, or Berlin.</p>
<p>To Mr. Wickham. I do not know where Forbes was after he left the offices at London Wall. I knew there was such a place at the French Palace office. I did not know he was there. I do not know whether there were intervals when the brokers were not in possession between March 7 and June 12. I did not have any instructions from Forbes in connection with Exhibit 306. The book (Exhibit 48) is not dated. I have looked up the name of Hatton. It is H. D. Hatton; the H does not look like an M. I think the illustrations given in the circular of January 4 (Exhibit 95) are all genuine trans
<lb/>actions as far as I remember. I have identified some of them with the particulars in the book. Clients wrote sometimes asking us not to put their names. Dividends were not paid as late as May 23, 1911. My instructions were to at once return capital when there were complaints. I drew the cheques and they were sent off when signed. I do not recollect Farquharson applying for his money back. The telephone was in the name of Duncan Forbes and Co. Gaul answered the telephone more often than I did. To the best of my recollection we returned capital before 1910. We had perhaps two or three foreign letters a day. Duncan Forbes and Co. had a clerk to attend to foreign correspondence, Miss Cousins. I have seen her trying to make out a letter in a foreign language. She was a French woman. There was no secrecy about anything in the office; everything was perfectly open as far as I remember. The cheques for profit were made out once a fortnight, about 3,000 at a time before the attacks in the Press. I remember on one occasion £60 being sent in postal orders. I do not think there is any record of that. The draft bought and sold notes were kept quite open in the office. Clients in the Complex stock deals had to give three months' notice of withdrawal. Some gave notices which were complied with. About £19,000 was repaid. I understood the reason Duncan Forbes issued their own cheques was that the bank objected to the number of cheques they had to deal with. Duncan Forbes's printing and advertising expenses were very heavy. There was also a loss in connection with Aviation Courses. I know nothing about the Russo-Turkish War Loan except that I kept the book in connection with it. I know nothing about Mount Hecla. If Farquharson or Richman had asked for the return of their money I should have sent it at once under my instructions. I did not see</p>
<xptr type="pageFacsimile" doc="191111070029"/>
<p>letters from them applying. I do not know anything about the French Palace business. I said at the police court that the principals paid proper attention to the business and that I never had any suspicion as to its bona-fide nature or I should have left at once.</p>
<p>To Harrison. I was the head of the staff and came more in contact with you than any other member of the staff. As far as I remember you absented yourself from the office in February. Miss Hermann was married, I believe, on February 11. You gave me permission to attend. That was not your last appearance at the office. I do not remember your going to France. I will not swear February was the last month you were there. My memory is vague as to that; it might be April. I saw you once or twice afterwards at 63, Finsbury Pave
<lb/>ment. We were in constant telephonic communication. Every one of the participants in the Complex stock deal would get exactly the same documents and the same amount as profit if they subscribed the same sum. You would tell me the names of the stocks that were going to be operated in, and when the account day came round you would tell me the prices to fill in so as to calculate the profit. Sometimes you told me the date of closing and I looked them up in the papers myself. One per cent profit on 25 shares is £5 and on 50 shares £10. It is irrespective of the name or price of the shares as long as the quantity dealt in is the same. In the fortnightly account there has been more than one stock deal. Provided they were all £5 subscribers the participators would get the same 5s. 6d. I know the testimonials were true copies of letters received from clients. As to the £880 which I said was the capital returned, that is altogether out of it; it must be more. £1,000 would be a minimum. I have Exhibit 47, limited liability book, before me. On October 17, 1910, he had a cheque for £25 sent him. Maurice had a cheque for £7 0s. 8d. in November; George Wright, February 14, £26 10s. 3d. On May 23 we were still paying dividends. All the contracts with stockbrokers were kept in the office. You handed them to me as you received them in the morn
<lb/>ing and I kept them in a special file in the clerks' office, and when the fortnightly settlement came round I checked the contents with the statement. Sometimes I found mistakes. I made out a cheque if there was a difference and sent it to Magniac Williamsons. I am sure I was at Finsbury Pavement when you told me to return capital to clients. I frequently transferred accounts from limited liability to Complex deals. Clients would get impatient and ask to be trans
<lb/>ferred. They then received their dividends on their investments. All letters were duplicated on the typewriter. The duplicates were kept on a file in the outer office.</p>
<p>To Mr. Huntly Jenkins. Isaacs was a servant like myself. I did not know he was getting £3 a week and afterwards £5. I was paid £2 5s. It might have been as late as April that dividends continued to be paid. Isaacs ceased coming to the office about March or April. I do not think his stopping away from the office had anything to do with paying dividends.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-71" type="witnessName">
<interp inst="t19111107-name-71" type="gender" value="male"/>
<interp inst="t19111107-name-71" type="surname" value="RICHARDS"/>
<interp inst="t19111107-name-71" type="given" value="THOMAS CHRISTOPHER"/>THOMAS CHRISTOPHER RICHARDS</persName> </hi>, clerk, Ward, Bowie and Co., solicitors King Street, Cheapside. My firm acted for Mr. Thatcher,</p>
<xptr type="pageFacsimile" doc="191111070030"/>
<p>the petitioning creditor, in the bankruptcy of William Humbert, of Queen Victoria Street. I served the bankruptcy notice on Humbert at 7, Ridgmount Gardens on March 1, 1909. He is prisoner Harri
<p>Cross-examined by prisoner Harrison. To the best of my ability you are the man I served the notice upon. It was early in the morn
<lb/>ing. It was on the first or second floor, I think, on the right hand side of the staircase. I will not be positive whether it was the first or second floor; it was the first, I think. I called two or three times.</p>
<p>(Saturday, November 11.)</p>
<hi rend="smallCaps">
<persName id="t19111107-name-72" type="witnessName">
<interp inst="t19111107-name-72" type="gender" value="male"/>
<interp inst="t19111107-name-72" type="surname" value="NEWBOLD"/>
<interp inst="t19111107-name-72" type="given" value="CHARLES LINDSAY"/>CHARLES LINDSAY NEWBOLD</persName> </hi>, partner in Howe, Newbold and Co., stockbrokers, 13, Copthall Court. I know Forbes as Fuller. I did some business for Mrs. Fuller. Exhibit 288 are contract notes relating to the transactions; two or three are missing.</p>
<p>To Mr. Scanlan. Mrs. Fuller's account was always paid up; the differences were always met in a prompt way; there was nothing to complain of. The account was closed by Mrs. Fuller's husband. The attacks in the newspapers did not affect my mind at all. The sold note issued by Duncan Forbes indicates that they were dealing as a principal. It is the ordinary form.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-73" type="witnessName">
<interp inst="t19111107-name-73" type="gender" value="male"/>
<interp inst="t19111107-name-73" type="surname" value="WOOD"/>
<interp inst="t19111107-name-73" type="given" value="CHARLES ERNEST"/>CHARLES ERNEST WOOD</persName> </hi>, manager, Magniac Williamson and Co., stockbrokers, 33, Old Broad Street. Harrison was a customer of our firm from February to November, 1910. Exhibit 287 is a complete record of our transactions. I knew Forbes as Fuller. He had no connection with Harrison's account with us except that he received com
<lb/>mission mission for the introduction of Harrison. I did not know that oither of them was connected with Duncan Forbes and Co. while we were dealing.</p>
<p>To Mr. Scanlan. I am not a member of the House. I am well acquainted with the rules. The account was closed in October, 1910, because we heard Harrison was a partner in Duncan Forbes and Co. It is incorrect to say it was in consequence of the attacks in "Truth." rang up Harrison many times on the telephone. I do not know what my telephone number 1s. We have a big telephone department and we simply get through to the client. Duncan Forbes and Co. never said through the telephone, "We are Duncan Forbes." I have never put the question to our telephone operators. We discontinued dealing with them because the very fact of their advertising in the newspapers, from our knowledge, could not be conducting what we considered a fair business. I do not think we have any outside brokers on our books just now, but we would deal with them if they were honest. There are no deals on the Stock Exchange which can produce the profits they state they can make by complex stock deals. The total turnover, including contangos, is £430,452. The account shows profit for end-March, £540; April 15, £64 3s. 9d; April 29, a loss of £379 9s. 6d.; October 28, £677 3s. 6d. loss; April 1, £540 2s. 9d. profit. The differences were met regularly; once there was a delay of two or</p>
<xptr type="pageFacsimile" doc="191111070031"/>
<p>three days; that was an amount of £2,000. We were brokers for the Johore Para Company. We recommended Harrison to take shares in that. He took 750 at a little over 20s. They were sold for about 10s.</p>
<p>To Harrison. You told me when you started dealing with us that you were depending upon information you were getting from Amster
<lb/>dam. That information in some cases was good. Of course, circum
<lb/>stances arise which will cause a big slump and which cannot be fore
<lb/>seen by anybody. I do not remember whether there was any crisis in America in July. There was a big slump undoubtedly. On the day the £2,000 was due from you you sent a cheque for £1,500 and the balance a day or two later.</p>
<hi rend="smallCaps">GARRETT</hi>. On Monday night, July 3, I saw Forbes. I said to him, "Is your name Fuller?" He said, "Yes." I said, "You have been trading at 49, London Wall as Duncan Forbes and Co." He said, "Well, I was in the office." I said, "I am an officer of the City of London Police and hold a warrant for your arrest charging you with being concerned with a man named Isaacs and an
<lb/>other in obtaining money by false pretences and conspiracy. I took him to the police station at Brighton, where I read the warrant to him. I conveyed him to London next morning. I mentioned to him that he had obtained a sum of money from Mr. Beare. He said, "Who is Beare? I do not know the man." I saw Isaacs in Graham Road, Dalston, as he was leaving his house. I told him who I was and that I held a warrant for his arrest for conspiring with a man named Forbes, who was in custody, and another man, to obtain money by false pretences. He replied, "Me, I have had absolutely nothing to do with the business." I conveyed him to the police-office, Old Jewry, where I read the warrant over to him. In reply he said, "As far as I am con
<lb/>cerned it is incorrect." All the papers found at 49, London Wall were taken to the police office at Old Jewry. When I searched Isaacs I. found on him two railway cloak-room tickets for parcels deposited at Moorgate Street Station dated May 11 and 29 and one for a parcel left at North London Railway, Broad Street, June 9, in the name of Harrison. The parcels contained 24 different documents relating to the business of Duncan Forbes.</p>
<p>To Mr. Wickham. Only one of the parcels was deposited in a name; that was Harrison. I found no papers on Forbes which had anything to do with the Prudential Exchange. In regard to the state
<lb/>ment in the Information that only £250 had been repaid to clients, I took no part in the Information. 60,000 cheques were part of the docu
<lb/>ments' found at London Wall. Beare was the only person who swore an Information for a warrant. I did nothing at all in order to ascer
<lb/>tain whether his cover had run off. I did not know that a writ was issued by J. J. Edwards and Co. on behalf of Harrison against "Truth."</p>
<hi rend="smallCaps">FRED POTT</hi>. On July 4 I received a number of books which were taken from London Wall.</p>
<p>To Mr. Wickham. I do not know where the originals of the letters are. I have made no inquiry. I know nothing about the case previous</p>
<xptr type="pageFacsimile" doc="191111070032"/>
<p>to the arrest. I knew nothing about the French Palace, Russo-Turkish War Loan, Aviation Courses, or Mount Hecla.</p>
<p>(Monday, November 13.)</p>
<hi rend="smallCaps">GARRATT</hi>, recalled, further examined. I pro
<lb/>duce three documents found at 49, London Wall. One an application form from the Rev. W. Richman, a letter from Mr. Beere and a letter from A. J. West.</p>
<p>To Mr. Huntly Jenkins. I arrested Isaacs in a turning running parallel with Graham Road. He has lived there a considerable time. He did not say to me, "Good morning, I know your face, but cannot quite place you." I think I said, "You must remember seeing me in the City." He did not ask me what brought me there. I do not think I said I had got bad news for him. He did not say, "I have nothing to do with their business. I was simply in their employ." I am trust
<lb/>ing to my memory; my opinion is he said, "The business" not "their business." I took two letters from him; they related to insur
<lb/>ance business and were posted immediately afterwards. They were nothing to do with Duncan Forbes. I found a large number of docu
<lb/>ments relating to insurance business at his house. I did not take possession of those.</p>
<hi rend="smallCaps">MACLEAN</hi>. I received a warrant from the Guildhall for the arrest of Harrison on July 3. On July 23 I saw Harrison at No. 77, Rue Charles Duflos, Bois Cologne, near Paris. I was then with two French police officers. I told him I was a police officer from London and that a warrant had been issued for his arrest, charg
<lb/>ing him with being concerned with Forbes and Isaacs in obtaining money by false pretences and conspiracy. He said, "Yes, very well." I told him that his extradition had been applied for by the British Government. He said, "I shall not contest such extradition." While he was in conversation with the two French officers I heard him tell them he was known at that address by the name of de Riva. I afterwards accompanied him with the French officers to the police depôt, Paris, where he stated that his proper name was Charles Colaco, but he was otherwise known as Harrison. On August 22 I received him into custody and conveyed him to the detective office, Old Jewry, where I read the warrant to him. He made no reply.</p>
<p>To Mr. Wickham. I found that Duncan Forbes and Co. had had a branch office at 87, Rue de Petit Champs, for about nine months during 1910, which office was closed about September 1, when the furniture in the office was seized for non-payment of taxes. The offices had been taken by a Frenchman named Parent on behalf of a man named Colazo. There was no staff employed there. Parent called occasionally for letters. The rent was paid three months in advance. The amount returned to clients as shown by ledgers is £240. The books have been referred to by Miss Harling as ledgers. I said in the Information, "It was represented to me that the firm had bought a</p>
<xptr type="pageFacsimile" doc="191111070033"/>
<p>parcel of National Mexico Second Preference shares and they had not done so." I have since heard the stockbroker in the box say that they were bought. At the time I swore it I believed it to be true. I also said in the Information that I could find no entry showing dealings with brokers on the Stock Exchange. I could find no trace of it. There were about 60,000 or 70,000 cheques paid to clients found at London Wall. The warrant was granted by Alderman Hanson, who is a stockbroker. He took no further evidence after the first hear
<lb/>ing. I first saw the book showing Stock Exchange transactions at the end of July. I was not aware that Forbes and Harrison were well known by brokers in the House. There were a quantity of evening papers and other documents which would show the prices of different stocks. Mr. Beare had some figures which showed the cover had not run off. I was not aware at the time the Information was sworn the Beare looked upon the matter as a criminal offence and that afterwards he demanded back his money and very large profits. He told us he had been in communication with the firm and offered to settle on certain terms, which they declined to do. All I know about "Truth" is hearsay. I have not been seen personally by them. The papers of Duncan Forbes and Co. were not sent for in consequence of attacks in the Press. I did not investigate cases put before me, and find they were perfectly correct and all the money had been repaid. In one instance out of five money was repaid. There are documents I have not looked at personally. Every document has been looked at by some offier or another. There are letters from Paris. I have not seen any letters from New York myself. If there had been I should have seen them. I will not swear there is not correspondence from Elsberg and Co., Amsterdam. I have not seen any written documents from Berlin. I have found that Duncan Forbes and Co. had paid £10,000 to the London County Council for the option of the site of the French Palace, which option expired on May 1. I made no inquiries about the Russo-Turkish War Loan. Some money I expected from that, but whether it is money due to the persons stated is a matter to be settled. The Hecla Silver Mine is not a genuine affair so far as Duncan Forbes and Co. are concerned. They had the option of purchasing three certificates of 1,000 shares each from a Mr. Crysler at 1s. 3d. a share. They obtained possession of the certificates, but Mr. Crysler has never been paid. The only books found at London Wall were in connection with Duncan Forbes and Co. The Russo-Turkish Loan and the Hecla mine were so far as I know introduced by J. J. Edwards. I know Forbes and Harrison had bills of sale on their property. I do not know that Mrs. Forbe advanced money to the firm when they were in difficulties. I do not know that wagering for differences on the Stock Exchange are gambling transactions and are void in law. I know they have never set up the Gaming Act. I think Harrison and Forbes left London Wall about the same time. That is what Miss Harling said. I could not say whether the signature to the agreement signed Rupert Scott is Forbes's, but there is a striking resemblance to it in one I have compared.</p>
<xptr type="pageFacsimile" doc="191111070034"/>
<p>To Harrison. I left London for Paris about June 29 before the warrants were granted. I was informed you left by train from Charing Cross. When you were arrested you gave me every facility. The concierge told me Mr. Parent had taken the offices on behalf of Colazo. He did not speak French. I had a representative from the British Embassy with me. He spoke French and English. I have not seen cheques to the amount of nearly £1,000 in the name of Crysler. While I was making inquiries for months Duncan Forbes and Co.'s offices were still open. I never went there to make inquiry.</p>
<p>To Mr. Huntly Jenkins. There was an enormous number of paid cheques, 20,000 to 30,000 extending from some time in 1909 to early May this year. They covered the whole period that Isaacs was em
<lb/>ployed there.</p>
<hi rend="smallCaps">GARRATT</hi>, recalled. I looked among the cor
<lb/>respondence during Inspector Maclean's absence abroad. I looked for letters from New York and Amsterdam and saw none.</p>
<hi rend="smallCaps">POTT</hi>, recalled. I searched for letters from Amsterdam, Berlin, and New York and found none.</p>
<p>To Mr. Wickham. I did not find the books mentioned in the list of things found. They were brought to the office and I had to look through them. They were taken from London Wall on July 4.</p>
<hi rend="smallCaps">ARTHUR THORPE</hi>. I assisted in the search for cor
<lb/>respondence from New York, Berlin, and Amsterdam, but found no copy letters to or letters from people at those places. The counterfoil receipt book is a book showing the name of the client and the amount sent. It does not show dealings on the Stock Exchange in National Mexico Second Preference.</p>
<p>To Mr. Wickham. Exhibit 50 shows that £8,000 had been returned to clients. That book was found among the correspondence after
<lb/>wards and immediately used.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-74" type="witnessName">
<interp inst="t19111107-name-74" type="gender" value="female"/>
<interp inst="t19111107-name-74" type="surname" value="HOPKINS"/>
<interp inst="t19111107-name-74" type="given" value="EDITH MAUD"/>EDITH MAUD HOPKINS</persName> </hi>. I entered Duncan Forbes's employment on May 7, 1910, as bookkeeper and shorthand writer. Exhibit 44 is a Complex stock deal book in which I put the clients' names and the amounts received from them. Those names were subsequently trans
<lb/>ferred into Exhibit 48 in alphabetical order. I was there about a year. I did not see any foreign correspondence.</p>
<p>To Mr. Wickham. I did not keep any French accounts. I entered up the advances made by Duncan Forbes and Co. in connection with the French Palace. That was not in an account book, but on plain paper. The total might be a little more than £17,000. I know nothing about the other enterprises. I had no reason to think the business was not bona-fide. There was no secrecy. Everything was conducted quiety; there were no rows at the office.</p>
<xptr type="pageFacsimile" doc="191111070035"/>
<p>To Harrison. I think your attendance ceased at London Wall in February.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-75" type="witnessName">
<interp inst="t19111107-name-75" type="gender" value="female"/>
<interp inst="t19111107-name-75" type="surname" value="UNDERWOOD"/>
<interp inst="t19111107-name-75" type="given" value="CONSTANCE"/>CONSTANCE UNDERWOOD</persName> </hi>. I was shorthand typist at 49, London Wall, from June, 1910, to May, 1911. Then I went to 63, Finsbury Pavement. I was there about a week. The circulars of the Pruden
<lb/>cial Exchange were put up in envelopes by the office boy, my sister and myself. Isaacs and Forbes did some as well. I entered in Ex
<lb/>hibit 282 notices of withdrawal for the complex stock deals. I made no entries in No. 281. This is before I came into the office. The handwritings are Forbes and Isaacs'. In a lot of cases capital was repaid.</p>
<p>To Mr. Wickham. I said at the police court that all capital was returned until the attacks in "Truth." That is correct. I believed the business was bona fide or I should not have stopped.</p>
<p>To Harrison. I was with the London and Paris Exchange before I went to Duncan Forbes. There was no prosecution in that case. I could not say I know that business was run on the cover system. Exhibit 50 shows dividend paid £5,568. You were still attending at London Wall when Miss Harman got married; that was in Feb
<lb/>ruary. I do not remember your going to France. When clients were dissatisfied we returned their money. I do not remember telling you, "You are sending the money back easier than we did at the London and Paris." I was not aware the Finsbury Pavement office was kept for the purpose of interviewing people in connection with the French Palace. When I wanted to find you I used to ring up the French Palace in the Strand. Miss Cousins used to deal with the foreign correspondence, and Miss Janson before her.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-76" type="witnessName">
<interp inst="t19111107-name-76" type="gender" value="female"/>
<interp inst="t19111107-name-76" type="surname" value="BULL"/>
<interp inst="t19111107-name-76" type="given" value="ADA"/>ADA BULL</persName> </hi>. I was shorthand clerk and typist to Duncan Forbes and Co. from November, 1909. Forbes engaged me. Isaacs was there. Harrison came two or three weeks afterwards. Later on at London Wall I had to do with sending dividends. I got the amounts from Miss Harman or Miss Harling. I did not see any letters going to or coming from abroad.</p>
<p>To Mr. Wickham. I have put a 2(d. stamp on letters to France. I have only seen letters go to France. I have not posted letters to New York, Amsterdam, or Berlin. I said at the police court, "When I first went there capital was always returned when asked for." Every
<lb/>thing was perfectly open in the office. But for the attacks in the Press everything would have gone on all right.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-77" type="witnessName">
<interp inst="t19111107-name-77" type="gender" value="male"/>
<interp inst="t19111107-name-77" type="surname" value="CASH"/>
<interp inst="t19111107-name-77" type="given" value="WILLIAM"/>WILLIAM CASH</persName> </hi>, partner, Cash, Stone and Co., chartered account
<lb/>tants. I have made an examination of all the books in connection with the business of Duncan Forbes and Co. I find no book showing the exact position of the firm towards any of their customers in total. Speaking as an accountant, there are a number of books and ledgers, some of which show the personal accounts with clients, but there is nothing in the nature of what I should technically describe as a private ledger which would show the profit and loss of the business or the total</p>
<xptr type="pageFacsimile" doc="191111070036"/>
<p>liability to clients or anything of that sort. I have examined the banking account of Forbes in the name of Fuller and Mrs. Fuller. The total amount received from the public by Duncan Forbes and Co. in connection with their complex stock deals is £30,004 5s., in regard to limited liability deals £41,187 13s., and for other matters £9,735 10s. 11d. The total dividends paid amount to £7,776. The capital repaid from the two accounts of Duncan Forbes is £6,325 16s. 2d. These figures are the best I can do with the material avail
<lb/>able. I believe them to be substantially correct. They are not seriously at fault. There appears, in addition, to have been £246 paid from Harrison's account. There are 933 limited liability accounts in Exhibit 47. Only 34 of those got anything returned; 24 or 25 received less than they paid. I understand only two brokers were employed, Magniac Williamson and Howe Newbold. I have shown the results of the fortnightly deals on a tabulated statement. The net result of deals with Magniac Williamson from February 21 to December 16, 1910, is a loss of £3,731 10s. 8d., and with Howe Newbold and Co. from April 14, 1910, to June 14, 1911, a loss of £114 14s. 7d. The total amount of stock dealt in was £223,243 with Magniac Williamson and £67,831 with Howe Newbold. The last figure is arrived at after ignoring stocks carried over. My reason for doing that is, if this figure is to be used for the purpose of comparison with the firm's transactions with clients of course a very large propor
<lb/>tion of the clients' money was purporting to be employed over and over again in a similar way. (The witness went into details of the transactions.)</p>
<p>(Tuesday, November 14.)</p>
<hi rend="smallCaps">
<persName id="t19111107-name-78" type="witnessName">
<interp inst="t19111107-name-78" type="gender" value="male"/>
<interp inst="t19111107-name-78" type="surname" value="CASH"/>
<interp inst="t19111107-name-78" type="given" value="WILLIAM"/>WILLIAM CASH</persName> </hi>, recalled. To Mr. Scanlan. I have had experience in Treasury and public prosecutions. I have not audited outside stockbrokers' accounts before. The words on Duncan Forbes and Co.'s contract note are, "We have sold to you this day." If they did not immediately purchase those stocks on the market they are civilly liable to their clients. If you get a contract note from a broker the stock is bought for you and the man is acting as a broker. I cannot say if you demand to know the principal that you are entitled to have it put on the contract note. The jobber is the principal to the broker. He enters into a contract to deliver certain stock at certain prices. When he is a bear he is anticipating a fall. If he contracts to sell 5,000 Great Boulders to a broker and has not got them on his book for delivery he is compelled to purchase them back when delivery is demanded. There would not have been a profit to Duncan Forbes if Achisons had fallen one point, because they guaranteed the client against loss. If a man buys stock on cover and the cover runs off, of course he loses it. He would lose it but for the guarantee.</p>
<xptr type="pageFacsimile" doc="191111070037"/>
<p>(Witness was cross-examined further on stock market fluctuations of the different deals.) The total amount paid by Duncan Forbes and Co. in connection with the French Palace is £10,539. I should be surprised to hear that it was £17,000. They paid to printers £7,244 and for advertising and circulars £12,601. I have traced paid into Harrison's account £11,474, but as against that there are sums re
<lb/>turned by him to Duncan Forbes, mostly in connection with Stock Exchange transactions, £2,371, and other moneys on account of Dun
<lb/>can Forbes, which leave remaining in Harrison's account £4,800. In Forbes's account on the same basis there is £1,979, but that account is complicated by transfers from Harrison's and Mrs. Fuller's account and so on. They paid out in connection with the Russo
<lb/>Turkish War Loan £4,660, Aviation Courses £2,820, of which they returned to clients £864 capital and £216 bonus.</p>
<p>To Harrison. Goodchild's account opened October 17, which was settled, showed a profit of £10 4s. 6d., after deducting the £10 sub
<lb/>scribed. There was contango charged, not commission. Mann's deal in July, 1910, resulted in a cheque being sent him for £30 12s. 4d. The dividend paid to Andrews is not stated. Assuming that account was not closed the transaction could have been recorded by opening a separate account. I did not find any fault with that. I find £1,745 returned through solicitors. There is an amount of £207 14s. which has to be added on to repaid capital. (Witness was cross-examined as to market fluctuations.)</p>
<hi rend="smallCaps">
<persName id="t19111107-name-79" type="witnessName">
<interp inst="t19111107-name-79" type="gender" value="male"/>
<interp inst="t19111107-name-79" type="surname" value="MOON"/>
<interp inst="t19111107-name-79" type="given" value="ARTHUR HENRY"/>ARTHUR HENRY MOON</persName> </hi>, clerk to H. W. Smith, auctioneer, 6, Great James Street, Bedford Row. I made an inventory of the furniture and effects of Duncan Forbes and Co. at 49, London Wall. The goods were moved next day to auction rooms at 13, High Holborn. They were sold a few days afterwards on June 16. I have no document by which I can fix the date. The furniture and effects were removed from 49, London Wall, on June 13, 1911.</p>
<p>(Wednesday, November 15.)</p>
<hi rend="smallCaps">
<persName id="t19111107-name-80" type="witnessName">
<interp inst="t19111107-name-80" type="gender" value="male"/>
<interp inst="t19111107-name-80" type="surname" value="MOON"/>
<interp inst="t19111107-name-80" type="given" value="ARTHUR HENRY"/>ARTHUR HENRY MOON</persName> </hi>, recalled, cross-examined by Mr. Wickham. I thoroughly inspected the goods. There were no documents in drawers that were open. There was one locker in a safe, which was locked. I believe there were documents in that. My principal took charge of them. I have my idea who has got them now. He has (them or has handed them to the Official Receiver. I was first asked to give evi
<lb/>dence yesterday. I was served with a subpœna by an officer. He took a statement from me in writing.</p>
<hi rend="smallCaps">GARRETT</hi>, recalled. I did not get documents from last witness's principal. I took them from a safe which was removed from 63, Finsbury Pavement, to the sale-room of Benjamin Norman, who acted for the landlord of the premises in the distraint. The safe was</p>
<xptr type="pageFacsimile" doc="191111070038"/>
<p>in a sale-room at Carter Lane, and I went there with a key supplied to me by Gaul, opened the safe, and took the books from it to the Police Station, Old Jewry. It is the safe spoken of by last witness. There is no other safe that I am aware of.</p>
<p>To Mr. Wickham. I did not say they were Harrison's private papers. I understood last witness to say there were no documents in the safe.</p>
<p>Re-examined. The safe came from 63, Finsbury Pavement. Whether it was transferred from 49, London Wall, I could not say.</p>
<p>Further cross-examined by Mr. Wickham. I said the safe taken from Finsbury Pavement was Harrison's safe and was taken by his landlord in distraint for rent. I cannot say how the furniture could have been taken from London Wall if the business had been trans
<lb/>ferred to 63, Finsbury Pavement.</p>
<hi rend="smallCaps">FREDERICK BLIGH, JOHN LOAKES</hi> and
<hi rend="smallCaps">FREDERICK HUTTON</hi> spoke to searching the correspondence of Duncan Forbes and Co., and finding no letters from Amsterdam, Berlin, or New York.</p>
<hi rend="smallCaps">JOHN COLLINSON</hi>. On December 30, 1908, I called at some offices in 24, Queen Victoria Street. They were the offices of Humbert Nephew and Co., stock and share dealers. I spoke there to Harrison. I asked his name; he said William Hum
<lb/>bert. He told me it was his business and he was the only person in the business.</p>
<p>To Harrison. I swear I saw you there. Sergeant (now Inspector) Thompson was with me.</p>
<p>Mr. Wickham submitted (1) that on counts 13 and 14 (Beare's case) the case should be withdrawn from the jury. On October 18 last tie Recorder under precisely similar circumstances, as the jury were going to stop a case in connec
<lb/>tion with a taxi-driver, withdrew the case from them. (Cited R. v. Smith, C.C.C. Sess. P., CLV., 710.) On May 1 there was no doubt Beare was under the impression that the firm had acted in a criminal way in regard to his invest
<lb/>ment. On May 9 he wrote, "I am prepared to accept £20 in full satisfaction." On May 25 he went to the police again. (2) With regard to counts 1 to 14, the money was obtained through the medium of the contract which Farquharson, West, Richman, Petty, and Beare had all broken, for no notice, as was required, has been given, and a charge of false pretences cannot be maintained. (3) No false pretence as to existing facts, as prisoners alleged, not that they had 284 per cent, or even 100 per cent, in hand, but that they would make it in future. (4) To constitute an offence of obtaining money by false pretences there must, as in larceny, be an intention to deprive the owner wholly of his property. In no single case has there been any intention shown, neither has the owner been wholly deprived of his property. (5) That the prisoners were carrying on a genuine business was proved by Mr. Newbold, who said that by their sold notes they constituted themselves principals, as they were not bound to purchase such stocks as they were short of as options, but they were bound to purchase stock to get stock enough. (6) On the bankruptcy charges counsel cited the case of R. v. Coombes (C.C.C. Sess. P., CLV., 705). Prisoner was an undischarged bankrupt who gambled in differences with stockbrokers. He was unable to meet those differences, which exceeded £20, and was prosecuted and convicted for obtaining credit as an undischarged bankrupt. If that was a good conviction, the converse would hold good; for instance, the brokers who carried on the business in connection with differences, if they were undischarged bankrupts, could not have been prosecuted, because they were selling. (Cited R.</p>
<xptr type="pageFacsimile" doc="191111070039"/>
<p>v. Bancroft, 3 Cr. App. R., 16; R. v. Crab. 11 Cox, 85; R. v. Williamson, 11 Cox, 328; R. v. Watson, Dears, and B., 348; R. v. Ragg, 29 L.J.M.C., 86; R. v. Cod
<lb/>rington, 1 C. and P., 661; Dears and B., 348; Thacker v. Hardy, 4 Q.B. Court of Appeal, p. 684, R. v. Kilham, 11 Cox, 561. R. v. Bryan, Dears, and B., 348; Lovell v. Beauchamp, 1894 A.C., 607.) (Objections overruled.)</p>
<hi rend="smallCaps">
<persName id="t19111107-name-81" type="witnessName">
<interp inst="t19111107-name-81" type="gender" value="male"/>
<interp inst="t19111107-name-81" type="surname" value="FORBES"/>
<interp inst="t19111107-name-81" type="given" value="ROBERT DUNCAN"/>ROBERT DUNCAN FORBES</persName> </hi> (prisoner, on oath). My name is Fuller. I have never gone by any other name except for business purposes. Before I joined Harrison I was in business, as a mortgage broker and commission agent on my own. I met Harrison by accident in the Haymarket in 1909. I had not seen him prior to that for nine or 10 years. He asked me to call at his flat, where he was doing, I believe, a stock and share business. He told me he intended to transfer his business to offices in the City in combination with mortgage broking and financial agency. He said he had settled on the name of Duncan Forbes and Co. and asked if I would join him. I declined at first; I told him I did not know anything about stockbroking. He said he would undertake that part of the business if I looked after the other part, the office. He arranged to find all the money necessary. I had money of my own, at least, my wife's. He guaranteed to give me £500 a year. Harrison could not go up to the City at the time and I had to arrange about the offices, bank, printing, advertising, and to facilitate matters I was to assume the name of Duncan Forbes. As far as I undersand, the difference between an inside and an outside broker is that an inside broker is simply an agent who buys from the jobber. I opened an account with Howe, Newbold and Co. in the name of my wife. I had two reasons: one reason was if I had opened it in my own name I should have had to disclose the fact that I was an undischarged bankrupt; the second reason was I should not have got the 40 or 50 per cent, commission for introducing a client. I did not keep the commission myself; on two occasions I gave the cheques to Isaacs and they were realised for the benefit of Duncan Forbes and Co. On other occasions I showed the cheques to Harrison and paid them into my account and gave him his half back. I have never applied for my discharge in bankruptcy; I could clear it all off; it is not a very large sum. I disclosed the fact of my bankruptcy to a partner of the printing company when I was arranging the affairs of Duncan Forbes and Co. With regard to the different enterprises we were interested in inquiries were made in every case, with the excep
<lb/>tion of the Aviation Courses, which was introduced by Mr. Williams, of J. J. Edwards and Co., solicitors, Sackville Street, W. I had nothing whatever to do with the stockbroking or financial part of the business beyond signing cheques for dividends and returned capital and introducing Harrison to Magniac Williamson and Co. and opening the account with Howe, Newbold and Co., and buying stocks and shares under instructions from Harrison. All dealings with Newbold were in my wife's name. I do not suppose I saw a dozen clients while the business existed. I did not tell persons I had been carrying on business personally for four years. The letters received amounted to</p>
<xptr type="pageFacsimile" doc="191111070040"/>
<p>100 to 700 daily, the latter being the largest number. I used to read and classify them. I used to reply to letters relating to limited liability deals towards the end when Harrison was much pressed for time in regard to the French Palace. People were continually writing and I simply wrote and put them off until I could get him to attend to it, as I did not understand it myself. I ceased attendance at London Wall in April last. Isaacs was left in charge. I did not know anything of Mr. Petty. That came as a surprise to me when he appeared at the Guildhall. After I left London Wall it was under
<lb/>stood all money was to be returned for the complex or limited liability deals. The business was not removed from London Wall until the brokers removed all the furniture, which was somewhere about June 12. I first became acquainted with Mr. Lever's name when the offices were in Finsbury Pavement House. He was an old client of Mr. Harri
<lb/>son's. The cause of our taking offices at Finsbury Pavement was our being attacked by the Press. We wanted to disconnect any fresh business that was introduced to us from Duncan Forbes and Co. I attended at Finsbury Pavement House every day, till nearly the end of June, and the French Palace office, and the solicitors. I communi
<lb/>cated with the staff by telephone when I had occasion. Isaacs was there. I borrowed £355 from my wife to pay the staff, etc., in 1911. I did not sign the agreement in connection with Rupert Scott. I was not present when it was signed. I did not go with an order to view. I went to look at the offices and said I came from Mr. Trevor. After looking over the place I was asked for my name and I said, "It is nothing to do with me." Isaacs was introduced to me by Harrison. Isaacs said he met me years back, but I do not remember him. There was an idea of carrying on Duncan Forbes and Co. as the Prudential Exchange. I took no active part in it. The object of that was to save us from attack. The London and Paris Exchange did the same thing. I knew of no reason why it should not be done. We antici
<lb/>pated the French Palace scheme would be through in July. The Coro
<lb/>nation stopped it, otherwise it would have been through in June. I did not read the circulars that went out. In the French Palace we were to have £26,000 capital we advanced and £80,000 in cash and shares, and the option of all the side shows for 99 years. Crysler's statement to Inspector Maclean about the Hecla silver mine is abso
<lb/>lutely incorrect. We expected to get the return of our money and £800 besides from Aviation Courses. I went five times to Doncaster and Burton-on-Trent. The cause of the failure of that was that the managing director and the judge he nominated and steward were drunk all the time; they did not appear on the course till six or seven o'clock in the evening after keeping people waiting all day long; there were no barriers put up and all the three-card-trick men and that kind of thing were there. The French Palace was introduced to us by Mr. Gerard about February, 1910. A £100,000 syndicate was to be formed to promote a company of over a million. The solicitors were J. J. Edwards and Co.; the chairman was a K.C., who is now dead. Gerard had the option of the site for 99 years from the L.C.C. The</p>
<xptr type="pageFacsimile" doc="191111070041"/>
<p>option was twice renewed, £5,000 being paid each time. They hold at the present moment £10,000. The total amount paid in connection with that is £18,738. It had the patronage of a member of the Royal Family. £300,000 was underwritten by one firm in London and £200,000 by a bank in France. There were also promises to under
<lb/>write. It being delayed by the Coronation, we expected to get it out by October. It is now being financed by a group at Havre. As to the Russo-Turkish War Loan, I have information from Mr. Davis that the Ottoman Court have arranged with some Paris bankers to pay the whole amount, £26,000. With regard to the sample deals on the circulars, we did not propose to sell shares equal to them, not similar shares. I am speaking for myself. Harrison found all the money required. I could have found it if necessary. At the begin
<lb/>ning of the business we could have easily fulfilled the guarantee be
<lb/>tween the two of us. In the majority of instances I believe the cover ran off. It would have been lost with us but for the guarantee. The cover run off was advanced to the various enterprises. Dividends were paid on the stock under the guarantee. I never heard of such an arrangement as Mr. Richman has said, that he found I per cent. and we were to pay the other 99 per cent. We were always in a position to guarantee the money sent; it is invested. We believe we could return the money. Mr. Richman asked me in 1911 what I anticipated as regards profit per £5 share per fortnight; I said 8s. I told him business had been carried on between four and five years. It was not a new business because it was transferred from Harrison. I suppose by the statement that we had not had a single reverse Harrison meant that not a single person had lost their money. No letter left the office to my knowledge, saying the cover had run off and the money was gone. The capital stands to their credit. It has never been written off. Sir Charles Euan Smith was connected with the Russo-Turkish War Loan, notwithstanding the disclaimer in "Truth." He had a claim of £2,000; whether it was paid or not I cannot say. I had a conversation with an officer after my arrest. I told him I knew the papers had been sent up, that pressure had been brought to bear on the City Solicitor by the solicitors of "Truth," and that he had sent down to Old Jewry for all papers or complaints against Duncan Forbes and Co., and there were five complaints. They were instructed to write to the police of the districts where those complaints came from. There was no private ledger at Duncan Forbes and Co.; every
<lb/>thing was open. I saw letters that came from a relative of Harrison's at Amsterdam; he called him Loo; he is a member of the firm of Elsberg and Co., stockbrokers. The French office was open in May when I wrote to Harrison and it was open when he arrived there in June; the furniture was there and everything else. Harrison had a correspondent in New York, a Mr. Whiting.</p>
<p>Cross-examined by Mr. Muir. I had not seen Harrison between 1900 and of June, 1909. I do not know if he had an office then; I only saw his at his flat, Redgemount Gardens. He did not tell me very much about his business; he simply said he was carrying on stock and share</p>
<xptr type="pageFacsimile" doc="191111070042"/>
<p>business, in the name of Harrison, at his flat. This was in August, 1909. He said he had been carrying it on for two or three years. The only books he showed me were the four registers that went to Finsbury Pavement House. They were at 49, London Wall when I left. I have not seen them here. They are in the hands of the police. They are registers of names and addresses of clients. I never saw any other books of Harrison's. I took the offices in the name of Forbes. I have never heard the name of Duncan Forbes till Harri
<lb/>son mentioned to me that that was the name he was going to use when he transferred his business. I put "Robert" on. I opened the banking account in the name of Duncan Forbes and Co. I did not tell the bank I was trading alone. I said nothing about a partner that I know of. (Book handed.) I think that is one of Harrison's, and there is another there. I was in the office about two weeks before Harrison arrived. He continued coming to the office till November. Miss Bull has made a mistake. I never heard the name of William Humbert. I did not know he had carried on business in that name at Queen Victoria Street. The first I heard of his having a receiving order made against him in October, 1909, was here. I cannot tell you when he first had authority to sign cheques on the account of Duncan Forbes and Co. It was his business. He provided the money. I gave the first orders to the printers. Harrison drafted the circulars at his flat. I never read them before they were printed. I suppose the list of deals set out are Harrison's deals. They were before Duncan Forbes and Co. started business. I gave the draft of this circular to the printers on September 27 or 29. I have not the faintest idea whether the profits mentioned therein were made. I had nothing whatever to do with the Stock Exchange part of the business. It was entirely Harrison's circular. I know they were sent out to the public. Commission was paid to Mr. Lever and one other man. I do not know his name. With regard to the cheque for £99 sent to Lever I believe those profits were made. I have not got any of Harrison's letters. He has read letters to me from Amsterdam. He did not show me any letter from New York about Mexico Second Preference shares. He told me he had infor
<lb/>mation they were going up. Only two persons that I know of gave references for Duncan Forbes and Co. They were paid commission. I did not know of the books being deposited at the cloak-rooms: I was away at that time. They were moved because the brokers were going to take the furniture. My wife has a small income. She had no banking account till this business started. I forget when she opened it. It would be about the same time I opened with Howe, Newbold and Co. She had about £1,500 saved up at the time. We intended going out to Australia until I met Harrison. I had a por
<lb/>tion of the £250 which was raised on the bill of sale. I borrowed £300 besides from her. She drew it from Barclay's Bank in March or April, 1911. The reason of her mortgaging her furniture and houses was that we expected this French Palace to go through and I wanted to do my utmost. There was a rush on Duncan Forbes and</p>
<xptr type="pageFacsimile" doc="191111070043"/>
<p>Co. and I wanted to pay them off. I ceased to attend 49, London Wall the second week in April. Then I divided my time between 63, Finsbury Pavement and the French offices in the Strand. Harri
<lb/>son did the same. I think Isaacs ceased attending the office a day or two before the furniture was taken. I did not know he was meet
<lb/>in the office boy at street corners. Harrison or I handed the money to pay the staff to Isaacs when we had it. Isaacs told me he was being badgered by callers, the brokers and one thing and another. I did not give him any orders what to do. I cannot answer for what Harrison may have said. I never saw the circular of March 23. It was sent out but I never looked at it. It was sent from the printers straight to the people who sent it off. I cannot say if money came in in response to circulars in March or April. No one was more astonished than I when Mr. Petty said he sent money in April. When I left the office the instructions were that money was to be returned to senders immediately. I understood £10 was all that came. I do not know that Petty's £100 went into the banking account. I knew nothing about it. This original telegram is in one of the clerk's writing. It is not mine, Isaac's, or Harrison's; neither is the receipt for £30. I did not sign the name of Rupert Scott on the agree
<lb/>ment. I put it on a slip of paper because they would not give up letters without an authority at 40, King Street. I wrote it on the spur of the moment. I think Isaacs told me there would be letters there and asked me to call for them. The handwriting on the counter
<lb/>foil of the payfing-in book is Isaacs's. It shows £5 gold and £130 notes paid into the bank on May 1. The business of Rupert Scott was a transfer of Duncan Forbes's. Nothing was decided in regard to the matter. I was not present when the agreement was signed and could not swear who signed it.</p>
<p>(Thursday, November 16.)</p>
<hi rend="smallCaps">
<persName id="t19111107-name-82" type="witnessName">
<interp inst="t19111107-name-82" type="gender" value="male"/>
<interp inst="t19111107-name-82" type="surname" value="ISAACS"/>
<interp inst="t19111107-name-82" type="given" value="CHARLES"/>CHARLES ISAACS</persName> </hi> (prisoner, on oath), 136, Graham Road, Dalston. I have been there six years and pay £36 a year rent. I have never gone by any other name. I have never been bankrupt and this is the first time any charge has been made against me. I have known Forbes since 1909 and Harrison several years. Before entering their employ I was an insurance broker and general commission agent. On October 11, 1909, I received a letter from Duncan Forbes and Co. (Exhibit 51) and I went round and saw them. I saw Forbes first and Harrison later. They had a scheme whereby they wanted me to cover certain risks; I applied to several insurance companies, but failed. Finding that the business was a growing one they asked me if I would assist them in taking charge of the sending out of the circulars. I started at £3 a week, and I was given permission to use their office and telephone for my own business. I was not really the manager. Harrison drafted the circulars and I attended to the printing and distributing. In February, 1910, the business was removed from Finsbury Pavement to London Wall, one reason being that the business had increased to such an extent. My duties were</p>
<xptr type="pageFacsimile" doc="191111070044"/>
<p>the same. I never had authority to sign cheques; I signed one cheque in the presence of the bank clerk because both Harrison and Forbes were away and the money was wanted in the office. I paid into the bank very often and I would sometimes fill in the paying-in slips with others members of the staff, just as it was convenient. In the absence of Forbes and Harrison, if Miss Harling could not deal with callers she would refer them to me. Very few made complaints. I would take down what they said and tell them I would report to Forbes or Harrison when they came in. I complained that the time I was putting in was not sufficiently remunerated, and this led to the letter of April 10, 1911, in which they admitted that this was so, but ask
<lb/>ing me to keep on and do my best and when the French Palace scheme was completed he would put insurance business in my way which would be worth my while; I stayed on with that hope and continued to attend the office regularly. In February, 1910, my salary had been increased to £5 a week. In March this year they wrote me saying that the business having fallen off they must contract their expenses, that I was to consider myself free in a week's time and that if business sub
<lb/>sequently improved they would be only too glad to have me back again. From that time I kept in touch with the firm by going to the office at London Wall or Finsbury Pavement almost daily; the reason for my doing so was the insurance in the French Palace Syndi
<lb/>cate, of which I had been promised. Harrison during my time did all Stock Exchange transactions; I know nothing of them except what I occasionally overheard; I was never consulted by either Forbes or Harrison as to them. The cloak-room tickets came into my possession in this way: the bailiffs were in possession and the partners thought it advisable to remove a few of the papers concerning the Russo
<lb/>Turkish loan and other matters to the nearest station cloak-room, with a view to their being sent to the solicitors afterwards to prevent them being sold up. The reason I met Gall outside the Wool Exchange on two or three occasions was this: The staff had to be paid and I met Harrison at the Strand Office; I 'phoned through to Gall to meet me there; he did so, and I handed him the money for the staff which I got from Harrison and Forbes. I did not know who "Rupert Scott" was. I gave instructions to Straker's to print 5,000 sheets with the heading because Forbes and Harrison asked me to do so. The unpresented cheques found on me were used in the course of the firm's business and I had to take them with the other papers found in my house to M. Davies, the solicitor. My salary was always paid to me weekly in cash or notes. The only cheques that were drawn made payable to me was one of £50 in January, 1910, which was given me as a sort of bonus to help meet the expenses of my daughter's marriage, and there was also a cheque that I had to pick up in money which was dishonoured through another bank. When arrested for being concerned with Duncan Forbes and Co. I said, "What—me? I have nothing to do with their business," not "I have had absolutely nothing to do with the firm." I had not the slightest knowledge that the business was a fraudulent one, if it were fraudulent.</p>
<xptr type="pageFacsimile" doc="191111070045"/>
<p>Cross-examined by Mr. Muir. I first knew Harrison when he came from Holland in 1891, but the only business I did with him previous to this was in 1908, when he gave me an introduction in connection with some insurance business. I knew him in 1908 as "Charles Samuel Charles"; he had no office of his own then; he used the office of the National Cab Company in Poultry. I did not know he was carrying on business in the name of Humbert; I heard the name for the first time in this Court. I think there is a firm named "Humbert, Son and Nephew," in Queen Victoria Street, but I did not know Harrison in connection with it, nor did I have any connection with that firm myself. This is the first time I have seen this cheque and this slip of paper (Exhibit 321). If found at my house, they must have been among Harrison's papers I had to deliver to Mr. Davies. I see the cheque is drawn by Humbert, Nephew and Co.; Harrison probably filled it in; I do not know in whose handwriting the slip of paper 1s. I have never been to 17, Abchurch Lane, 79, Queen Victoria Street, Wardrobe Chambers, or No. 9, Poultry; I do not know whether this latter is the office of the National Cab Company; Humbert and Co. do not have offices in the building. I do not know that Harrison was carrying on that business. As "Charles and Co." he was carrying on the business of the National Cab Company in 1908. I do not know what he was doing in 1906. I do not know the name of "Bradshaw and Co." Harrison introduced Forbes to me as "Fuller." I looked upon "Duncan Forbes and Co." as a trade name. I first knew Harrison by the name of Harrison a little before they started the business of Duncan Forbes and Co.; I do not know why he adopted the name. I did not think it was my business to ask. His right name, I believe, is "Seruco." I did not start in the employment of the firm to be of any use until October or November, 1909. It is not true that I was carrying on the business with Forbes before Harrison came in. The French Palace scheme was first thought of in February, 1910; it was certainly not as late as April. I knew very little with regard to the payment made by Forbes and Harrison in connection with the option, but I know the £10,000 was paid to the L.C.C. I occasionally read the circulars sent out, but I never discussed them with Forbes or Harrison. I do not know that they were undischarged bankrupts or I should certainly have had nothing to do with them, because, as regards guaranteeing the capital, I should have thought they would be taking credit when they had no right to. I agree that the guarantee would be worthless if they had no capital, but I did not inquire what their capital was; I never looked into the business so deeply. I ceased to be in their employ on March 31, but I continued working for them in April and some time in May, but I was not paid. I popped into the office at London Wall. I only 'phoned to Gall to meet me outside the Wool Exchange because it saved me going round to London Wall. Gall's evidence referred to May. I did not pay any wages in April. Forbes and Harrison, whilst at the Strand offices, asked me, as I was going to the City, to meet the boy and give him the money which they gave me. It is true that there are entries dated May, 1911, in the paying</p>
<xptr type="pageFacsimile" doc="191111070046"/>
<p>in book (Exhibit 320) in my writing; after I left on March 31 Forbes and Harrison asked me to call in and give a hand to Miss Harling. (Witness was taken through a large number of items in the paying-in book ending on May 8, 1911, which he admitted to be in his hand-writing; the counterfoil receipt books for "Complex Stock Deals" and "Limited Liability Deals," Exhibits 323 and 324, showing the source of such payments in.) I do not recognise the handwriting in Exhibit 122 and Exhibits 62 and 62a as being Forbes's or Harrison's. I assisted in sending out the circulars on May 24 as a friend. Gall took the papers to the cloakroom to safeguard them against the bailiffs, in accordance with the arrangement made by Forbes and Harrison. I did not go through the parcels; they were put together by Forbes or Harrison. I do not remember anything about the things to which the cloakroom ticket relates (Exhibit 57); I have no doubt they were sent to the Broad Street Station. I knew nothing of the contents of the tin box to which Exhibit 59 relates. It is true the cloakroom tickets, Exhibits 57, 58, 59, were found in my possession; they were given to me about the end of June with the bundle of papers to take to Mr. Davies. I called at his office and he was on the Continent; I did not leave them as I wanted to give them to him personally. Harrison simply requested me to take them to the solicitor; I do not know why.</p>
<p>Re-examined. When Harrison gave me the tickets and the papers he contemplated going to Paris to see Mr. Davies there in connection with the Russo-Turkish matter. The reason that the items in the paying-in book are in my writing is because they did not want me to beat off entirely from going to London Wall, and they asked me to call in and give a hand to Miss Harling.</p>
<p>To the Court. I used to know what the balance at the bank was as I was requested very often to find out.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-83" type="witnessName">
<interp inst="t19111107-name-83" type="gender" value="indeterminate"/>
<interp inst="t19111107-name-83" type="surname" value="ISAACS"/>
<interp inst="t19111107-name-83" type="given" value="GATSCHELL"/>GATSCHELL ISAACS</persName> </hi> (Minister, Hackney Synagogue), and
<hi rend="smallCaps">JAMES SHUTTLE WORTH</hi> (common lodging-house keeper) gave evidence as to character of prisoner Isaacs.</p>
<p>(Friday, November 17.)</p>
<hi rend="smallCaps">
<persName id="t19111107-name-84" type="witnessName">
<interp inst="t19111107-name-84" type="gender" value="male"/>
<interp inst="t19111107-name-84" type="surname" value="HARRISON"/>
<interp inst="t19111107-name-84" type="given" value="CHARLES"/>CHARLES HARRISON</persName> </hi> (prisoner, not on oath). He contended that there was no justification for the severe criticism of the way the firm's books were kept since Miss Harling had been able from a glance to state how a client stood with the firm. He submitted also that the fact Mr. Richman's two cheques of £67 were as regards different stocks did not show that the accounts were fictitious, this submission being borne out by Mr. Newbold. He stated that the man who had threatened the boy on the staircase was merely a loafer touting for business in connection with the French syndicate, and this incident had nothing to do with his giving orders for certain papers to be cleared away on the following day. He stated that from the £4,800 which Mr. Cash had stated had gone into his own pocket must be deducted sums which had been wrongly allocated to his private expenditure, which</p>
<xptr type="pageFacsimile" doc="191111070047"/>
<p>should really be allocated to the French Palace and other matters. With regard to the guarantee all the witnesses had admitted that there was no limitation of time mentioned for repayment of capital; this was necessarily so since the money had to be invested in other concerns to make a profit. If the whole of the money had been invested in the Stock Exchange, it would have a worse gamble than the French Palace or the Russo-Turkish war loan, and great loss would have resulted. He stated that it was true that he had financial correspondents abroad. In Amsterdam his cousin had sent admittedly reliable information; his letters containing family matters were not kept. The letters from a friend of his in Berlin and from Mr. J. W. White from New York, giving official information, were kept in a pigeon hole in his private desk and he did not know what had become of them. In no circular had he stated that transactions would be done on the Stock Exchange with the exception of "Our Weekly," but this had not reached the witnesses who had given evidence. Unlike other outside brokers who had been prosecuted, they had paid larger sums in profits and had in no instance pleaded the Gaming Act. To Mr. Cash's figure of £16,000 paid as dividends must be added the sums paid by postal orders and into the county courts, which he had not included, these bringing the total to over £20,000. Even if they had been compelled to buy all the shares which had been sold to their clients, it would have been an impossibility to buy such large numbers, but he con
<lb/>tended they were in the same position as jobbers and not compelled so to do. He stated that, in spite of the slump in the American market, but for which they would have had no liabilities, they had forwarded dividends on, when asked, returned capital, which showed the value of the guarantee, and that the circulars they had sent out with reference to this slump were based on fact. He submitted that it had been proved that the money had not been applied for their own purpose and therefore there was no question of fraud; they had in
<lb/>vested it in concerns from which they had a reasonable hope of making a profit. He went into details as to the formation of the French Palace Syndicate and stated they had made themselves responsible for £5,000 paid to the L.C.C. for the option on the Strand site; they had paid further sums and had generally financed the scheme and were anticipating to make £80,000, out of which all their clients would be paid, but owing to these proceedings the Syndicate was wound up and the interests transferred to another syndicate which was now in existence. If the scheme now went through the syndicate would release the £20,000 paid by his firm and take over their shares and nobody could know what would come to the Official Receiver in their bankruptcy as a result. It was true M. Gerard, the architect, who had been sent over by the French Government to put the scheme on foot, had become a bankrupt just recently, but that was because his resources had been exhausted during the past five years in negotia
<lb/>tions in connection with the scheme for which he was not remune
<lb/>rated. As regards the Russo-Turkish Indemnity Loan, they had ad
<lb/>vanced £6,000 to a certain Turkish gentleman, whose name he gave, for</p>
<xptr type="pageFacsimile" doc="191111070048"/>
<p>use in expediting the payment owing to him by the Turkish Govern
<lb/>ment of an enormous sum, and they received a charge of £26,000 for so doing. He had gone to see Mr. Davies in Paris in reference to this very matter. Since then an offer has been made to the Trustee in Bankruptcy of £20,000 in respect of this matter, and it was impossible to say whether and to what extent the creditors would eventually be losers. As regards the Hecla Silver Mines it had been proved that £880 had been paid for shares. They also felt justified, owing to the success which had attended the Blackpool and Doncaster meetings, in spite of the adverse circumstances, in laying out about £3,000 for a few months, as they were told a profit of £8,000 would be made. Owing, however, to the bad manage
<lb/>ment of others they lost their money. During the time the firm was being attacked by the Press, which resulted in a large number of people withdrawing their money, their bankers and brokers closing their accounts with them, and their solicitor, Mr. Edwards, stating thai he was reluctantly compelled to cease from acting any more for them. Sandwichmen paraded London Wall with placards stating "Exposure of a Swindling Bucket Shop"; overtures were made to them by certain papers offering to cease this nuisance, but these they would not entertain. In spite of the huge number of writs and summonses with which they were served they stood their ground and endeavoured to make terms wherever possible, in no case pleading the Gaming Act. Eventually an execution was put in, the amount was too large to pay, and the furniture removed and the offices closed. There was not the slightest doubt that but for the attacks in the Press the business never would have been closed. If they had only listened to overtures made to them for the advertisements in certain papers, the attacks would have ceased, but these they would not listen to. So large were the withdrawals that the firm failed. He denied being Humbert, on whom a bankruptcy notice was served in Ridge
<lb/>mount Gardens, and stated that he had never seen Humbert in his life. He submitted the bankruptcy proceedings against him, which happend 16 years ago, did not apply to this case. He contended if they were principals they had sold stock to their clients for which they had received part payment, and no question of credit was in
<lb/>volved. He pointed out that Mr. Farquharson and Mr. Richman had never asked for a return of their capital and neither of them had complained to the police until after his arrest; and that Mr. Beere had ignored altogether the notice that his capital was subject to three months' notice of withdrawal. In conclusion he stated that he was not penniless at the time the firm was started, there being the rent of the office and the expenses of sending out circulars to meet, but that now after all his hard work and anxiety in connection with his different schemes, which none could foresee would be failures, he was now a beggar.</p>
<p>Verdict, "We find Forbes and Harrison
<rs id="t19111107-16-verdict-1" type="verdictDescription">
<interp inst="t19111107-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-16-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty on all counts</rs> and Isaacs guilty of conspiracy as a servant."</p>
<xptr type="pageFacsimile" doc="191111070049"/>
<p>Upon Mr. Huntly Jenkins pointing out that there was no count in the indictment charging Isaacs with conspiracy "as a servant," the foreman of the jury said, "We delete those words; we find him
<rs id="t19111107-16-verdict-2" type="verdictDescription">
<interp inst="t19111107-16-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-16-verdict-2" type="verdictSubcategory" value="lesserOffence"/>Guilty of conspiracy</rs>."</p>
<p>It was stated that Isaacs bore a good character. Harrison's charac
<lb/>ter, so far as this class of fraud was concerned, was as bad as it could possibly be. He was convicted at this Court in 1901 and sen
<lb/>tenced to four years' penal servitude for obtaining money by false pretences. The names were mentioned of "bucket-shop" businesses with which Harrison had been connected. In the management of one of them he was associated with two persons, one of whom had since been sentenced to six months' imprisonment for "bucket-shop" frauds and the other to three and a half years' penal servitude on a charge in respect to a slate-quarry company. Forbes was in 1901 convicted and sentenced to two consecutive terms of three years' penal servitude on charges in relation to a cab company. This offence of keeping fraudulent outside brokers' businesses was rampant in the City of London. There were at the present time complaints as to no fewer than 20 such businesses being actually carried on at this moment, and the police were more or less helpless. Private indivi
<lb/>duals could not prosecute, the expense rendering it impossible, and they were unwilling to come forward because they felt that they had made fools of themselves and did not want to be gibbeted before the public as such. It was not until an office was closed and the public began to clamour for the profits promised them that the police got to know anything about the matter.</p>
<p>Sentences: Forbes and Harrison,
<rs id="t19111107-16-punishment-10" type="punishmentDescription">
<interp inst="t19111107-16-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-16-punishment-10" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-16-19111107 t19111107-16-punishment-10"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-16-19111107 t19111107-16-punishment-10"/>Five years' penal servitude each on the charge of obtaining money by false pretences</rs>. (Judge Lumley Smith stated that he deferred the sentences with regard to the other counts so as to avoid the inconvenience of having concurrent sentences of imprisonment and penal servitude.
<rs id="t19111107-16-punishment-11" type="punishmentDescription">
<interp inst="t19111107-16-punishment-11" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19111107-16-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-16-19111107 t19111107-16-punishment-11"/>He would recommend that Harrison be deported at the expiration of his sentence</rs>.)
<rs id="t19111107-16-punishment-12" type="punishmentDescription">
<interp inst="t19111107-16-punishment-12" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19111107-16-punishment-12" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-16-19111107 t19111107-16-punishment-12"/>Isaacs was released on his own recognisances and those of Abraham Moss (brother-in-law of prisoner) in £500 to come up for judgment if called upon</rs>.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">MR. JUSTICE GRANTHAM</hi>.</p>
<p>(Wednesday, November 8.)</p> </div1>
<div1 type="trialAccount" id="t19111107-17">
<interp inst="t19111107-17" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-17" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-17-charge-1" targOrder="Y" targets="def1-17-19111107 t19111107-17-offence-1 t19111107-17-verdict-1"/>
<persName id="def1-17-19111107" type="defendantName">
<interp inst="def1-17-19111107" type="gender" value="male"/>
<interp inst="def1-17-19111107" type="age" value="26"/>
<interp inst="def1-17-19111107" type="surname" value="COLLINS"/>
<interp inst="def1-17-19111107" type="given" value="THOMAS WILLIAM"/>
<interp inst="def1-17-19111107" type="occupation" value="labourer"/>
<hi rend="largeCaps">COLLINS</hi>, Thomas William (26, labourer)</persName>
<rs id="t19111107-17-offence-1" type="offenceDescription">
<interp inst="t19111107-17-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19111107-17-offence-1" type="offenceSubcategory" value="wounding"/>, feloniously wounding
<persName id="t19111107-name-86" type="victimName">
<interp inst="t19111107-name-86" type="gender" value="female"/>
<interp inst="t19111107-name-86" type="surname" value="COLLINS"/>
<interp inst="t19111107-name-86" type="given" value="ELLEN"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-17-offence-1 t19111107-name-86"/>Ellen Collins</persName>, with intent to murder her.</rs> </p>
<p>Mr. W. W. Grantham prosecuted; Mr. Roland Oliver defended.</p>
<hi rend="smallCaps">ARTHUR NEILL</hi>. At 12.30 p.m. on October 12 I was in conversation with prisoner's wife in Brewery Road, when prisoner came up. I said to him, "Is your name Thomas Collins?" He said "Yes." I said, "I am a police officer and I shall have to arrest you for attempting to murder your wife last evening." He said, "Quite right; I intended to do it. She summoned me at the</p>
<xptr type="pageFacsimile" doc="191111070050"/>
<p>police court yesterday for persistent cruelty. The case was adjourned and we went home together. We had a drink on the way and, going upstairs when we got home, I lost my temper and pulled her hat off. She went into a room where her mother was. I went into the other room and got the knife and tried to cut her throat. Her mother interfered and I left." The mother was living in a room in the same house. On the way to the station he said, "It is all her own fault. She has been going into public-houses with other women drinking, and I heard she was going to leave me and go with the lodger. I did it more to frighten her than anything else. After I had done it I went and got some money owing me at my work and I have been on the drink ever since." He certainly had been drinking when I arrested him. He said, "I have spent 3s. on the drink since."</p>
<p>Cross-examined. He was quite rational in his conduct. A Mr. and Mrs. Gray occupied the part of the house downstairs. There is no doubt that prisoner's wife was on a day or two previously in a public-house with Mrs. Gray, but she behaved herself properly; she is regarded there as a very peaceable woman.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-87" type="witnessName">
<interp inst="t19111107-name-87" type="gender" value="female"/>
<interp inst="t19111107-name-87" type="surname" value="HILL"/>
<interp inst="t19111107-name-87" type="given" value="SUSANNAH"/>SUSANNAH HILL</persName> </hi>, 96, Brewery Road. I live on the first floor. Prisoner and his wife, my daughter, lived on the second floor; they have been married three years, and she has had three children, of whom one is alive. About 5 p.m. on October 11 they came back home having been to the police court. Outside my kitchen door he hit her, took her hat off and tore it up. I had heard them rushing up the stairs, and I opened the door. I took my daughter into my kitchen and prisoner went upstairs. About fifteen minutes later he came, knocked at my door and asked for a match. I gave him one and said, "Why don't you be quiet and leave off. She has been and summoned you and of course you have got to go through it." My daughter said, "If you hit me again, I will go and fetch a policeman. I am going out and I won't come back any more." He said, "You don't go out of this place alive," and he rushed over to her with a knife in his hand; I do not know where he got it from; I have seen it in his room. My daughter fell back in the chair and screamed. She put her hands up to save her throat, and I rushed up to him and held him while she ran downstairs. The knife fell on the ground; it had only cut her hand.</p>
<p>Cross-examined. He had complained of her going out to drink with Mrs. Gray; he said that Mrs. Gray was the cause of all the trouble between them. He told her that he had been told she was going to go away with Mr. Gray. She is living with him now as his wife. He accused her of drinking with other men, but he did not mention Mr. Gray especially. The knife was knocked out of pri
<lb/>soner's hand in consequence of my daughter putting her hands up. He had not seized hold of her at all.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-88" type="witnessName">
<interp inst="t19111107-name-88" type="gender" value="female"/>
<interp inst="t19111107-name-88" type="surname" value="COLLINS"/>
<interp inst="t19111107-name-88" type="given" value="ELLEN"/>ELLEN COLLINS</persName> </hi>. Prisoner is my husband. On October 11 I took out a summons against him for cruelty. It was adjourned till the 17th. We left the police court to go home. On the way I had drink with him as he said he would break my neck if I did not. On reaching</p>
<xptr type="pageFacsimile" doc="191111070051"/>
<p>home I was going upstairs when he pulled my skirt. I ran up the stairs and outside my kitchen door he tore my hat off and knocked my head against the door. I screamed, and my mother came to my assistance. He went up to his room, and returned after 10 minutes. I was sitting in a chair in my mother's kitchen. He asked for a match and mother gave him one. He looked as if he was coming towards me, and I said, "If you don't leave me alone, I shall call a policeman." He said, "You don't go out of this house alive," and he pulled this knife from his breast pocket and rushed at me, saying, "I will cut your throat." I put my hands up and the knife caught my thumb. Mother pulled him away. He left the house. My thumb was dressed.</p>
<p>Cross-examined. I did not say at the police court that he knocked my head against the door, because I did not think of it. He was nasty drunk, but he knew what he was doing. Two or three days before he said he had been told I was going away with Gray and we quarrelled. He also suggested that I had been drinking with other men and with Mrs. Gray. He asked me not to go out drinking with Mrs. Gray. Gray has left his wife, and I have now gone to live with him because I had nowhere to go to when prisoner was remanded. I knocked the knife out of his hand.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-89" type="witnessName">
<interp inst="t19111107-name-89" type="gender" value="male"/>
<interp inst="t19111107-name-89" type="surname" value="DOBBIN"/>
<interp inst="t19111107-name-89" type="given" value="WILFRID ARTHUR"/>WILFRID ARTHUR DOBBIN</persName> </hi>, Assistant Police Surgeon. On October 11 I saw prosecutrix at 96, Brewery Road. She had a cut two inches long on the back of her thumb which could have been caused by this knife. It was not serious.</p>
<p>Cross-examined. When the cut was inflicted the blade was evidently slanting upwards.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-90" type="witnessName">
<interp inst="t19111107-name-90" type="gender" value="male"/>
<interp inst="t19111107-name-90" type="surname" value="COLLINS"/>
<interp inst="t19111107-name-90" type="given" value="THOMAS WILLIAM"/>THOMAS WILLIAM COLLINS</persName> </hi> (prisoner, on oath). Before October 11 there had been quarrels between myself and my wife which resulted in our going to the Clerkenwell Police Court. Her evidence is correct as to what happened after. When she said she would call the police if I touched her I went upstairs and got the knife. I came down and asked mother for a match and she gave me one. I was making a cigarette. I walked over to my wife as she was sitting in a chair. She said, "If you hit me again I will fetch the police." I pulled the knife out of my pocket and said I would cut her throat. She threw up her hands and knocked the knife from my hand. I did not intend to injure her in any way; I only said it to frighten her.</p>
<p>Cross-examined. I did not bang her head against the door; she must have knocked her head when I was pulling her hat off. I was the worse for drink, but she was not nor was my mother-in-law, and they would be likely to remember what took place better than I. I do not remember saying when arrested with attempted murder, "Yes, quite right; I intended to do it;" but being drunk I might have said it. I remember saying, "I lost my temper." It is quite possible I said she should not leave the house alive. When I was up in our room it came into my head all of a minute to get the knife.</p>
<xptr type="pageFacsimile" doc="191111070052"/>
<rs id="t19111107-17-verdict-1" type="verdictDescription">
<interp inst="t19111107-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-17-verdict-1" type="verdictSubcategory" value="lesserOffence"/>Guilty of unlawful wounding under great provocation</rs>.</p>
<p>Prisoner received a good character.</p>
<rs id="t19111107-17-punishment-13" type="punishmentDescription">
<interp inst="t19111107-17-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-17-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-19111107 t19111107-17-punishment-13"/>Three months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-18">
<interp inst="t19111107-18" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-18" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-18-charge-1" targOrder="Y" targets="def1-18-19111107 t19111107-18-offence-1 t19111107-18-verdict-1"/>
<join result="criminalCharge" id="t19111107-18-charge-2" targOrder="Y" targets="def1-18-19111107 t19111107-18-offence-2 t19111107-18-verdict-2"/>
<join result="criminalCharge" id="t19111107-18-charge-3" targOrder="Y" targets="def1-18-19111107 t19111107-18-offence-3 t19111107-18-verdict-3"/>
<persName id="def1-18-19111107" type="defendantName">
<interp inst="def1-18-19111107" type="gender" value="male"/>
<interp inst="def1-18-19111107" type="age" value="21"/>
<interp inst="def1-18-19111107" type="surname" value="VENE"/>
<interp inst="def1-18-19111107" type="given" value="HARRY DE"/>
<interp inst="def1-18-19111107" type="occupation" value="artist"/>
<hi rend="largeCaps">DE VENE</hi>, Harry (21, artist)</persName>
<rs id="t19111107-18-offence-1" type="offenceDescription">
<interp inst="t19111107-18-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111107-18-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, breaking and entering the shop, No.
<placeName id="t19111107-geo-1">
<interp inst="t19111107-geo-1" type="type" value="site"/>
<join result="offencePlace" targOrder="Y" targets="t19111107-18-offence-1 t19111107-geo-1"/>111, Oxford Street</placeName>, and stealing therein one camera, the goods of the
<persName id="t19111107-name-92" type="victimName">
<interp inst="t19111107-name-92" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-18-offence-1 t19111107-name-92"/>Westminster Photographic Exchange, Limited</persName> </rs>;
<rs id="t19111107-18-offence-2" type="offenceDescription">
<interp inst="t19111107-18-offence-2" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19111107-18-offence-2" type="offenceSubcategory" value="wounding"/>feloniously shooting at
<persName id="t19111107-name-93" type="victimName">
<interp inst="t19111107-name-93" type="gender" value="male"/>
<interp inst="t19111107-name-93" type="surname" value="ASKEW"/>
<interp inst="t19111107-name-93" type="given" value="AMBROSE"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-18-offence-2 t19111107-name-93"/>Ambrose Askew</persName> and
<persName id="t19111107-name-94" type="victimName">
<interp inst="t19111107-name-94" type="gender" value="male"/>
<interp inst="t19111107-name-94" type="surname" value="BELL"/>
<interp inst="t19111107-name-94" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-18-offence-2 t19111107-name-94"/>Richard Bell</persName>, Metropolitan police officers, with intent to murder them</rs>;
<rs id="t19111107-18-offence-3" type="offenceDescription">
<interp inst="t19111107-18-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t19111107-18-offence-3" type="offenceSubcategory" value="receiving"/>feloniously receiving one auto
<lb/>matic pistol, the goods of
<persName id="t19111107-name-95" type="victimName">
<interp inst="t19111107-name-95" type="gender" value="male"/>
<interp inst="t19111107-name-95" type="surname" value="LANG"/>
<interp inst="t19111107-name-95" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-18-offence-3 t19111107-name-95"/>Joseph Lang</persName> and Son, Limited, well knowing the same to have been stolen</rs>.</p>
<rs id="t19111107-18-verdict-1" type="verdictDescription">
<interp inst="t19111107-18-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-18-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>Prisoner pleaded guilty to the first indictment</rs>
<rs id="t19111107-18-verdict-2" type="verdictDescription">
<interp inst="t19111107-18-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-18-verdict-2" type="verdictSubcategory" value="pleadedPartGuilty"/>and to shooting at Ambrose Askew with intent to do him grievous bodily harm</rs>.
<rs id="t19111107-18-verdict-3" type="verdictDescription">
<interp inst="t19111107-18-verdict-3" type="verdictCategory" value="notGuilty"/>
<interp inst="t19111107-18-verdict-3" type="verdictSubcategory" value=""/> </rs>This plea was accepted by Mr. Muir, for the prosecution.</p>
<p>Prisoner confessed to a previous conviction of felony in August 23, 1910, at the Newington Sessions.</p>
<p>Prisoner was stated to have an exceedingly bad record and to be a desperate character. In endeavouring to escape arrest he had shot at two policemen, wounding one slightly. When subsequently arrested there were found on him a revolver, 42 live cartridges, a large knife, a mask, and a pair of gloves. He was stated to be an associate of a well-known blackmailer and sodomites. Since April 27, 1906, when he was 16 years of age, he had been convicted six times in the names of "Harry Clay" (this was stated to be his real name), "Henry," "Harry," and "Herbert" "Gordon," and "Harry Lyons"; he was released from his last sentence on September 8, 1911.</p>
<rs id="t19111107-18-punishment-14" type="punishmentDescription">
<interp inst="t19111107-18-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-18-punishment-14" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-18-19111107 t19111107-18-punishment-14"/>Fourteen years' penal servitude</rs>, Mr. Justice Grantham stating that the offence was one of the most serious that the Court had to deal with.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Wednesday, November 8.)</p> </div1>
<div1 type="trialAccount" id="t19111107-19">
<interp inst="t19111107-19" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-19" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-19-charge-1" targOrder="Y" targets="def1-19-19111107 t19111107-19-offence-1 t19111107-19-verdict-1"/>
<persName id="def1-19-19111107" type="defendantName">
<interp inst="def1-19-19111107" type="gender" value="male"/>
<interp inst="def1-19-19111107" type="age" value="26"/>
<interp inst="def1-19-19111107" type="surname" value="ALLEN"/>
<interp inst="def1-19-19111107" type="given" value="ARTHUR"/>
<interp inst="def1-19-19111107" type="occupation" value="fitter"/>
<hi rend="largeCaps">ALLEN</hi>, Arthur (26, fitter)</persName>
<rs id="t19111107-19-verdict-1" type="verdictDescription">
<interp inst="t19111107-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-19-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111107-19-offence-1" type="offenceDescription">
<interp inst="t19111107-19-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111107-19-offence-1" type="offenceSubcategory" value="fraud"/>, of obtaining by false pretences from
<persName id="t19111107-name-97" type="victimName">
<interp inst="t19111107-name-97" type="gender" value="male"/>
<interp inst="t19111107-name-97" type="surname" value="PRINTER"/>
<interp inst="t19111107-name-97" type="given" value="FREDERICK EVELYN"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-19-offence-1 t19111107-name-97"/>Frederick Evelyn Printer</persName>, one pony and trap, from
<persName id="t19111107-name-98" type="victimName">
<interp inst="t19111107-name-98" type="gender" value="male"/>
<interp inst="t19111107-name-98" type="surname" value="MAPLEY"/>
<interp inst="t19111107-name-98" type="given" value="ROBERT JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-19-offence-1 t19111107-name-98"/>Robert James Mapley</persName>, one mare, and from
<persName id="t19111107-name-99" type="victimName">
<interp inst="t19111107-name-99" type="gender" value="female"/>
<interp inst="t19111107-name-99" type="surname" value="FELDMAN"/>
<interp inst="t19111107-name-99" type="given" value="JANE"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-19-offence-1 t19111107-name-99"/>Jane Feldman</persName> one pin, one pendant, and other articles, in each case with intent to defraud.</rs> </p>
<p>Several previous convictions were proved. Prisoner is now under going a sentence of 12 months' imprisonment at Banbury.</p>
<rs id="t19111107-19-punishment-15" type="punishmentDescription">
<interp inst="t19111107-19-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-19-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-19-19111107 t19111107-19-punishment-15"/>Eighteen months' imprisonment, to run concurrently with that sentence</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-20">
<interp inst="t19111107-20" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-20" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-20-charge-1" targOrder="Y" targets="def1-20-19111107 t19111107-20-offence-1 t19111107-20-verdict-1"/>
<persName id="def1-20-19111107" type="defendantName">
<interp inst="def1-20-19111107" type="gender" value="male"/>
<interp inst="def1-20-19111107" type="age" value="44"/>
<interp inst="def1-20-19111107" type="surname" value="HAMILTON"/>
<interp inst="def1-20-19111107" type="given" value="EDWIN"/>
<interp inst="def1-20-19111107" type="occupation" value="doctor's assistant"/>
<hi rend="largeCaps">HAMILTON</hi>, Edwin (44, doctor's assistant)</persName>
<rs id="t19111107-20-offence-1" type="offenceDescription">
<interp inst="t19111107-20-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111107-20-offence-1" type="offenceSubcategory" value="mail"/>, attempting to steal from a post office a postal packet in course of transmission by post, the property of His Majesty's
<persName id="t19111107-name-101" type="victimName">
<interp inst="t19111107-name-101" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-20-offence-1 t19111107-name-101"/>Postmaster-Genera</persName>l.</rs> </p>
<p>Mr. Forster Boulton prosecuted.</p>
<xptr type="pageFacsimile" doc="191111070053"/>
<hi rend="smallCaps">
<persName id="t19111107-name-102" type="witnessName">
<interp inst="t19111107-name-102" type="gender" value="female"/>
<interp inst="t19111107-name-102" type="surname" value="MCNAIRE"/>
<interp inst="t19111107-name-102" type="given" value="MARGARET"/>MARGARET MCNAIRE</persName> </hi>, housekeeper, 16, Grafton Street, W. I iden
<lb/>tify the cover of a parcel I made up on October 23 to despatch by post. It contained newspapers and letters and was addressed to Townend of Symington. I gave the parcel to Rose Gurney about 11 a.m.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-103" type="witnessName">
<interp inst="t19111107-name-103" type="gender" value="female"/>
<interp inst="t19111107-name-103" type="surname" value="GURNET"/>
<interp inst="t19111107-name-103" type="given" value="ROSE"/>ROSE GURNET</persName> </hi>, housemaid, 16, Grafton Street, W. I received the parcel from last witness about eleven a.m. on October 23. After stamping it with stamps bought at the post office, I handed it to the clerk. It was left on the parcel counter.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-104" type="witnessName">
<interp inst="t19111107-name-104" type="gender" value="female"/>
<interp inst="t19111107-name-104" type="surname" value="ALDUS"/>
<interp inst="t19111107-name-104" type="given" value="ELSIE KATE"/>ELSIE KATE ALDUS</persName> </hi>, clerk, Dover Street Post Office. I was attending to the parcels business on Monday morning, October 23. A lady brought in a parcel of which this is the cover; She stamped it and it was put on the counter where the parcels are put if there is a lot of them. The counter is quite open. I did not see prisoner come into the post office. He took up the parcel and asked me if he could have it registered. I said, "No, it must be sealed." I added, "It does not belong to you; a lady just left it." I took it away from him. He said, "Where is my parcel?" He had not put anything on the counter as far as I know. He said, "You might look behind the counter." I looked; there was nothing there. He said, "Perhaps the postman has taken it." I told him the postman cleared from the back of the counter, not from the counter. The postman had cleared before the lady brought her parcel in. Prisoner then said he must have left it in the motor. While prisoner was looking about the counter I went and told the supervisor, and when she came he was looking in the telephone directory.</p>
<p>Cross-examined by prisoner. When I drew your attention to the parcel you said, "That is not my parcel." I had told you it belonged to somebody else. I am sure you did not bring in any parcel.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-105" type="witnessName">
<interp inst="t19111107-name-105" type="gender" value="female"/>
<interp inst="t19111107-name-105" type="surname" value="HOLLAND"/>
<interp inst="t19111107-name-105" type="given" value="JOAN"/>JOAN HOLLAND</persName> </hi>, supervisor, Dover Street Post Office. Last witness made a communication to me about 11 a.m. on October 23. I saw prisoner there. He was turning over the leaves of a telephone direc
<lb/>tory. I asked him what he meant by attempting to get possession of a parcel that did not belong to him. He told me he had handed over a parcel which could not be found and wished to have it registered. He then went on to say the principal reason of his coming into the office was to consult the telephone directory to telephone to Charing Cross to see how much a taxi would cost him from the Bath Club. I said, "I do not believe you. The same kind of thing has happened at another office." He mumbled something about wanting to go back to the Bath Club. I followed him to the door. He first went to the right in the direction of the Bath Club which is four or five doors down on the same side of the street, then he turned and saw me and turned to the left, passing me as I stood in the doorway. He then turned down Hay Hill which is one door away from the office. I asked a taxi driver to stop him. He told me I should find a policeman at the bottom of the hill. The policeman stopped prisoner. I asked the policeman to keep him in the office while I communicated with the postmaster; having done so I gave prisoner in charge.</p>
<xptr type="pageFacsimile" doc="191111070054"/>
<p>(Friday, November 10.)</p>
<hi rend="smallCaps">
<persName id="t19111107-name-106" type="witnessName">
<interp inst="t19111107-name-106" type="gender" value="female"/>
<interp inst="t19111107-name-106" type="surname" value="HOLLAND"/>
<interp inst="t19111107-name-106" type="given" value="JOAN"/>JOAN HOLLAND</persName> </hi>, recalled, further examined. After prisoner had been given in charge I had a service message enquiring about a parcel addressed to an address given by prisoner; enquires showed that there was no such parcel in the office.</p>
<hi rend="smallCaps">CLIFFORD COLE</hi>, 290 C. On October 23, about 11.15 a.m., I was on point duty in Hay Hill when I saw prisoner running, followed by Miss Holland. When he saw me, prisoner said, "It's all right, sir. I knew you were here; I was just coming to fetch you; I have done nothing wrong." Miss Holland said, "This man has been to the Dover Street Post Office and tried to steal a parcel from there."Prisoner said nothing then. I took him to the post office; there he said, "I brought a parcel here to post, with a six
<lb/>penny stamp on it; I laid it on the counter and asked the young lady if I could register
<hi rend="italic">that</hi> parcel, thinking it was my parcel; I lost sight of my parcel." I took him to the police station.</p>
<p>To prisoner. It is not true that you yourself came to me and said, "I want you to come to the post office, there is something wrong."</p>
<hi rend="smallCaps">ERNEST HILLS</hi>, C Division. I was at Vine Street Police Station when prisoner was charged. He said, "I took a parcel in to the post office; what has become of that?" I said, "Where was it addressed to?" he said, "To Mr. T. Godfrey, 2, Temple Terrace, March, Cambridge; it contained a plush table cloth." On searching him we found this piece of paper and piece of string. I said, "If you took the parcel in, perhaps you will tell me where you got the table cloth from, and I will make inquiries"; he said, "That is my busi
<p>To prisoner. It was about noon when I saw you; it was about 3.15 when you were charged; certain enquiries had to be made on your behalf. (To a juror). There was no writing on the piece of paper. (To prisoner.) You told me you refused to give your name and address till charged. The letters in your pocket were authenticated after you were charged. (To the Court.) Prisoner had a furnished room in Brown Street. (To a juryman.) I do not produce the letters because they have nothing to do with the charge. I produce the brown paper and string found on him, because they probably have something to do with it. (To prisoner.) The paper was probably to cover up the identity of any parcel you have taken from the post office. (To a juryman.) The delay in charging was because the police had no power to charge, as the attempt was not made in their sight. The prosecutrix could not charge without the authorisation of her principal.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-107" type="witnessName">
<interp inst="t19111107-name-107" type="gender" value="female"/>
<interp inst="t19111107-name-107" type="surname" value="HOLLAND"/>
<interp inst="t19111107-name-107" type="given" value="JOAN"/>JOAN HOLLAND</persName> </hi>, recalled. I was in charge of the whole office, in
<lb/>cluding the parcels. Every hour the postman takes parcels away, and they are counted. They go to the Bird Street depot, where they are sorted. No record is kept of their destination, if unregistered. I first heard about the parcel about 1 o'clock. We have to look at the addresses to see whether they are to be charged inland rate. They</p>
<xptr type="pageFacsimile" doc="191111070055"/>
<p>might be going abroad. I am absolutely positive that prisoner brought nothing into the office in the way of a parcel.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-108" type="witnessName">
<interp inst="t19111107-name-108" type="gender" value="female"/>
<interp inst="t19111107-name-108" type="surname" value="ALDUS"/>
<interp inst="t19111107-name-108" type="given" value="ELSIE KATE"/>ELSIE KATE ALDUS</persName> </hi>, recalled. I took the parcel out of prisoner's hand. He then said, "Where is
<hi rend="italic">my</hi> parcel?" He had not given me one. I am sure he did not bring a parcel in at all.</p>
<p>Prisoner. I asked her before the magistrate, "Will you swear that I did not bring a parcel with me on the morning of October 23," and she said, "No. I will not."</p>
<p>Witness (to the Court). He did not give me a parcel. I did not see him come into the post office. (To the jury.) I was the only per
<lb/>son taking in parcels at that time of the day. The other four assistants were doing other work.</p>
<p>Mr. Forster Boulton proposed to give evidence of a similar attempt by pri
<lb/>soner at the Regent Street Post Office.</p>
<p>The Recorder. I cannot accept that. This case is a peculiar one and must stand upon its own footing.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-109" type="witnessName">
<interp inst="t19111107-name-109" type="gender" value="male"/>
<interp inst="t19111107-name-109" type="surname" value="GABRATT"/>
<interp inst="t19111107-name-109" type="given" value="THOMAS ALEXANDER"/>THOMAS ALEXANDER GABRATT</persName> </hi>, chief clerk of the. Bath Club, Dover Street. I have never seen prisoner before. I have looked through the register of members, and he is not a member of the club. The entrance fee is 30 guineas.</p>
<p>Prisoner. At the present time I am not a member.</p>
<p>Witness (to the Court). The register goes back to the foundation of the club in 1894. I can find no such name. He was not employed there on October 23 last. I could not say whether he ever was. There may be lots of people employed I never heard of.</p>
<p>Mr. Forster Boulton proposed to give evidence of the Regent Street attempt, in order to show that prisoner did not go into the post office with a bona-fide intention at all, but to commit felony.</p>
<p>The Recorder. You ought to have charged that in the indictment, it being possible to charge as many misdemeanours as you please. Do you press this evidence?</p>
<p>Mr. Forster Boulton. No. That is my case.</p>
<p>A Juryman. Are we going to have any evidence as to whether any one has been to Temple Terrace, March?</p>
<p>The Recorder. No such evidence is brought forward. There might have been a witness from the post office, wherever it was, to which this message was sent.</p>
<p>Mr. Forster Boulton. We have done our best, but the time has been rather short to obtain a witness from March.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-110" type="witnessName">
<interp inst="t19111107-name-110" type="gender" value="male"/>
<interp inst="t19111107-name-110" type="surname" value="HAMILTON"/>
<interp inst="t19111107-name-110" type="given" value="EDWIN"/>EDWIN HAMILTON</persName> </hi> (prisoner, not on oath). I went to the post office at Dover Street on October 23 to post and register a parcel to Mr. Godfrey, 2, Temple Terrace, March, Cambridge. I got there about 11 a.m. and Miss Aldus was engaged talking to a young man for about four minutes instead of attending to her duties. There were two men and a boy on my left hand side. I had had an operation for my eyes before, and when Miss Aldus came up to me I passed this parcel to her and asked her to register it. She said, "This is not your parcel." I looked down and said, "No; this is not my parcel." I looked at four or five others, and they were not mine. I then walked the length of the post office and came back and said, "I cannot see my parcel anywhere. May I look at the back of your counter?" she gave me</p>
<xptr type="pageFacsimile" doc="191111070056"/>
<p>permission, but I did not see it. One of the men beside me was tall and elderly, and I heard him say, before the young lady came up to me, "I am going to the Bath Club and take a taxi to Charing Cross." I was going to the Bath Club to see whether this man was there. In
<lb/>stead of that the young lady, who now appears to be the supervisor, came to me and said, "I am going to give you into custody" A man standing on the pavement said to me, "There is a policeman round the corner." I went out and saw the policeman, and I went to him and said, "I want you to come to the post office with me." The first question I put to Miss Aldus was, "Will you swear I did not bring in a parcel on the morning of October 23 last," and she said, "No, I will not." The second question was, "When you drew my attention to the packet and I looked at it I at once replied, 'That is not my parcel,'" and she said, "Yes." The last and most important ques
<lb/>tion was, "I did not at any time attempt to take that parcel, or say it was mine," and she said, "No, you did not." All those answers, I think, are in my favour. The prosecution have not brought any witness to prove that I did not bring in a parcel on that morning, and unless they can do so I think I am entitled to be acquitted.</p>
<rs id="t19111107-20-verdict-1" type="verdictDescription">
<interp inst="t19111107-20-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19111107-20-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<p>The Recorder (to Mr. Forster Boulton). I repressed that evidence as to Regent Street, because I thought the case on the evidence was a weak one, and the Postmaster-General ought not to try to strengthen one case by producing another, which might have been equally weak. If you had pressed the evidence, however, I should have admitted it.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">COMMON SERJEANT</hi>.</p>
<p>(Wednesday, November 8.)</p> </div1>
<div1 type="trialAccount" id="t19111107-21">
<interp inst="t19111107-21" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-21" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-21-charge-1" targOrder="Y" targets="def1-21-19111107 t19111107-21-offence-1 t19111107-21-verdict-1"/>
<persName id="def1-21-19111107" type="defendantName">
<interp inst="def1-21-19111107" type="gender" value="male"/>
<interp inst="def1-21-19111107" type="age" value="47"/>
<interp inst="def1-21-19111107" type="surname" value="THOMPSON"/>
<interp inst="def1-21-19111107" type="given" value="GEORGE"/>
<interp inst="def1-21-19111107" type="occupation" value="labourer"/>
<hi rend="largeCaps">THOMPSON</hi>, George (47, labourer)</persName>
<rs id="t19111107-21-offence-1" type="offenceDescription">
<interp inst="t19111107-21-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19111107-21-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counter
<lb/>feit coin twice on the same day.</rs> </p>
<p>Mr. Beaumont Morice prosecuted.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-112" type="witnessName">
<interp inst="t19111107-name-112" type="gender" value="female"/>
<interp inst="t19111107-name-112" type="surname" value="EMERSON"/>
<interp inst="t19111107-name-112" type="given" value="SUSAN"/>SUSAN EMERSON</persName> </hi>, barmaid, "Old King's Head" public-house, Bear Street, W.C. On October 10, at 10.30 p.m., prisoner came into the four ale bar and asked me for a glass of ale; I served him, and he tendered a florin (produced) in payment, for which I gave him 1s. 11d. change. I am not sure whether he left the bar or not, but a quarter of an hour afterwards he called for three glasses of ale for himself and two other men. I served him; he tendered another florin (produced) in payment for which I gave him 1s. 9d. change; he then went out. At 12.20 he again came into the public bar and called for a penny
<lb/>worth of shag tobacco, tendering a third florin which I tested under the beer engine, and it bent. I took the other two florins from the till and I said, "What do you mean by giving me this money; this is the third one you have given me." He denied giving it me, and put down a half-crown. I said, "There is no one else in the bar, so that it could not have been anybody else." I recognised the two I took out</p>
<xptr type="pageFacsimile" doc="191111070057"/>
<p>of the till because they were brighter and of a lighter colour. I then called Mrs. Hare the licensee down and told her in the presence of the prisoner that he had given me the bad coins; she asked him what he meant by it, and said she would call a constable. The till was not touched by anybody except me after 9 p.m.</p>
<p>Cross-examined. Prisoner did not say he was sorry; he put down a half-crown and said, "Take it out of the half-crown." Five minutes may have elapsed before the police-constable came. The coins in the till are all mixed up.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-113" type="witnessName">
<interp inst="t19111107-name-113" type="gender" value="female"/>
<interp inst="t19111107-name-113" type="surname" value="HARE"/>
<interp inst="t19111107-name-113" type="given" value="BEATRICE ETHEL"/>BEATRICE ETHEL HARE</persName> </hi>, licensee, "Old King's Head." In the early morning of October 11, I was called down to the bar; Emerson showed me some coins and said the prisoner had given them to her. I said to the prisoner, "What do you mean by passing this money?" He pointed to a half-crown and said that that was his money, and that that was the first time he had been in the house. I asked Emerson if she was sure, and she said, "Yes." There were two good florins in the till at 9 p.m. when I took the register.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-114" type="witnessName">
<interp inst="t19111107-name-114" type="gender" value="male"/>
<interp inst="t19111107-name-114" type="surname" value="BRENNAN"/>
<interp inst="t19111107-name-114" type="given" value="JAMES JOSEPH"/>JAMES JOSEPH BRENNAN</persName> </hi>, surveyor, Theobald's Road. In the early morning of October 11 I was in the private bar of the "Old King's Head" public-house when I saw prisoner in the adjoining bar being served by Emerson. She said, "Look at the money you have passed on me," and accused prisoner of having passed three other florins. He said that he bad not been in there before, and Emerson said he was in there three quarters of an hour before.</p>
<p>Cross-examined. Emerson tested the coin before she went to the till.</p>
<hi rend="smallCaps">FRANK HERCOTT</hi>, 10 CR. On October 11, at 12.30 a.m., I was called to the "Old King's Head" public-house. Hare accused prisoner of passing three counterfeit florins (produced). Emerson said prisoner had come in three times and passed these florins; prisoner denied it. I searched him and found a good half
<lb/>crown which he had just taken from the counter. He was taken to the station and charged; he said he had only been there once.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-115" type="witnessName">
<interp inst="t19111107-name-115" type="gender" value="male"/>
<interp inst="t19111107-name-115" type="surname" value="SMITH"/>
<interp inst="t19111107-name-115" type="given" value="SIDNEY WILLIAM"/>SIDNEY WILLIAM SMITH</persName> </hi>, assistant assayer, H.M. Mint. Three florins produced are counterfeit and were all made from the same pattern piece, dated 1910.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-116" type="witnessName">
<interp inst="t19111107-name-116" type="gender" value="male"/>
<interp inst="t19111107-name-116" type="surname" value="THOMSON"/>
<interp inst="t19111107-name-116" type="given" value="GEORGE"/>GEORGE THOMSON</persName> </hi> (prisoner, not on oath). I went into this public house once on my way home to buy a pennyworth of tobacco, and tendered a bad florin, not knowing it was bad.</p>
<rs id="t19111107-21-verdict-1" type="verdictDescription">
<interp inst="t19111107-21-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-21-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<rs id="t19111107-21-punishment-16" type="punishmentDescription">
<interp inst="t19111107-21-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-21-punishment-16" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-21-19111107 t19111107-21-punishment-16"/>Six months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-22">
<interp inst="t19111107-22" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-22" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-22-charge-1" targOrder="Y" targets="def1-22-19111107 t19111107-22-offence-1 t19111107-22-verdict-1"/>
<persName id="def1-22-19111107" type="defendantName">
<interp inst="def1-22-19111107" type="gender" value="male"/>
<interp inst="def1-22-19111107" type="age" value="50"/>
<interp inst="def1-22-19111107" type="surname" value="PEEL"/>
<interp inst="def1-22-19111107" type="given" value="ROBERT"/>
<interp inst="def1-22-19111107" type="occupation" value="baronet"/>
<hi rend="largeCaps">PEEL</hi>, Sir Robert (baronet, about 50),</persName>
<rs id="t19111107-22-offence-1" type="offenceDescription">
<interp inst="t19111107-22-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111107-22-offence-1" type="offenceSubcategory" value="bankrupcy"/> having been adjudicated bankrupt unlawfully did obtain credit to the extent of £20 and up
<lb/>wards, to wit, to the extent of £39 17s. 3d. from the
<persName id="t19111107-name-118" type="victimName">
<interp inst="t19111107-name-118" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-22-offence-1 t19111107-name-118"/>Midland Railway Company</persName>, without informing them that he was an undischarged bank
<lb/>rupt.</rs> </p>
<p>Mr. Bodkin, for the prosecution, stated that prisoner had incurred a debt of £39 17s. 3d. by staying at the St. Pancras (Midland Railway) Hotel; the officials were well aware of his bankruptcy although the</p>
<xptr type="pageFacsimile" doc="191111070058"/>
<p>particular staff of this hotel were not; there had been no concealment on the part of prisoner; he therefore proposed to offer no evidence.</p>
<rs id="t19111107-22-verdict-1" type="verdictDescription">
<interp inst="t19111107-22-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19111107-22-verdict-1" type="verdictSubcategory" value="noEvidence"/>The jury, on the direction of the Common Serjeant, returned a ver
<lb/>dict of Not guilty</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-23">
<interp inst="t19111107-23" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-23" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-23-charge-1" targOrder="Y" targets="def1-23-19111107 t19111107-23-offence-1 t19111107-23-verdict-1"/>
<persName id="def1-23-19111107" type="defendantName">
<interp inst="def1-23-19111107" type="gender" value="male"/>
<interp inst="def1-23-19111107" type="age" value="66"/>
<interp inst="def1-23-19111107" type="surname" value="RADMORE"/>
<interp inst="def1-23-19111107" type="given" value="HENRY"/>
<interp inst="def1-23-19111107" type="occupation" value=""/>
<hi rend="largeCaps">RADMORE</hi>, Henry (66)</persName>
<rs id="t19111107-23-verdict-1" type="verdictDescription">
<interp inst="t19111107-23-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-23-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111107-23-offence-1" type="offenceDescription">
<interp inst="t19111107-23-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19111107-23-offence-1" type="offenceSubcategory" value="coiningOffences"/>, of unlawfully uttering one counterfeit florin.</rs> </p>
<p>Prisoner confessed to having been convicted at this court on Novem
<lb/>ber 15, 1910, of the same offence, receiving 12 months' hard labour. He was also sentenced at this court to six months' hard labour for uttering, after three previous convictions. He refused to give any account of himself to the police.</p>
<rs id="t19111107-23-punishment-17" type="punishmentDescription">
<interp inst="t19111107-23-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-23-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-23-19111107 t19111107-23-punishment-17"/>Four years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-24">
<interp inst="t19111107-24" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-24" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-24-charge-1" targOrder="Y" targets="def1-24-19111107 t19111107-24-offence-1 t19111107-24-verdict-1"/>
<persName id="def1-24-19111107" type="defendantName">
<interp inst="def1-24-19111107" type="gender" value="male"/>
<interp inst="def1-24-19111107" type="age" value="23"/>
<interp inst="def1-24-19111107" type="surname" value="O'CONNELL"/>
<interp inst="def1-24-19111107" type="given" value="GEORGE JOSEPH"/>
<interp inst="def1-24-19111107" type="occupation" value="florist"/>
<hi rend="largeCaps">O'CONNELL</hi>, George Joseph (23, florist)</persName>
<rs id="t19111107-24-verdict-1" type="verdictDescription">
<interp inst="t19111107-24-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-24-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111107-24-offence-1" type="offenceDescription">
<interp inst="t19111107-24-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111107-24-offence-1" type="offenceSubcategory" value="fraud"/>, of, having been entrusted with certain property, to with, two banker's cheques for £10 and £50 respectively, the property of
<persName id="t19111107-name-121" type="victimName">
<interp inst="t19111107-name-121" type="gender" value="male"/>
<interp inst="t19111107-name-121" type="surname" value="GUINNESS"/>
<interp inst="t19111107-name-121" type="given" value="EDWARD CECIL"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-24-offence-1 t19111107-name-121"/>Edward Cecil Guinness</persName> (Lord Iveagh) in order that he might deliver the proceeds to a certain other person, unlawfully did fraudulently convert the same to his own use and benefit.</rs> </p>
<p>Prisoner was stated to have been of previous good character and to have stolen the money in order to go to Australia.</p>
<rs id="t19111107-24-punishment-18" type="punishmentDescription">
<interp inst="t19111107-24-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-24-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-24-19111107 t19111107-24-punishment-18"/>Four months' imprisonment, second division</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-25">
<interp inst="t19111107-25" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-25" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-25-charge-1" targOrder="Y" targets="def1-25-19111107 t19111107-25-offence-1 t19111107-25-verdict-1"/>
<join result="criminalCharge" id="t19111107-25-charge-2" targOrder="Y" targets="def2-25-19111107 t19111107-25-offence-1 t19111107-25-verdict-2"/>
<persName id="def1-25-19111107" type="defendantName">
<interp inst="def1-25-19111107" type="gender" value="male"/>
<interp inst="def1-25-19111107" type="age" value="32"/>
<interp inst="def1-25-19111107" type="surname" value="COX"/>
<interp inst="def1-25-19111107" type="given" value="ALFRED"/>
<interp inst="def1-25-19111107" type="occupation" value="labourer"/>
<hi rend="largeCaps">COX</hi>, Alfred (32, labourer)</persName>, and
<persName id="def2-25-19111107" type="defendantName">
<interp inst="def2-25-19111107" type="gender" value="male"/>
<interp inst="def2-25-19111107" type="age" value="33"/>
<interp inst="def2-25-19111107" type="surname" value="JONES"/>
<interp inst="def2-25-19111107" type="given" value="JAMES"/>
<interp inst="def2-25-19111107" type="occupation" value="dealer"/>
<hi rend="largeCaps">JONES</hi>, James (33, dealer)</persName>
<rs id="t19111107-25-offence-1" type="offenceDescription">
<interp inst="t19111107-25-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19111107-25-offence-1" type="offenceSubcategory" value="coiningOffences"/>, both unlawfully uttering counterfeit coin, having more in their possession</rs>. Cox
<rs id="t19111107-25-verdict-1" type="verdictDescription">
<interp inst="t19111107-25-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-25-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>.</p>
<p>Mr. Wilkinson prosecuted.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-124" type="witnessName">
<interp inst="t19111107-name-124" type="gender" value="female"/>
<interp inst="t19111107-name-124" type="surname" value="FREE"/>
<interp inst="t19111107-name-124" type="given" value="ALICE"/>ALICE FREE</persName> </hi>, daughter of Thomas Free, licensee, "Bridge House" public-house, Bow Common Lane. On October 16, at between 10 and 10.30 p.m., I served Jones a glass of ale, price 1d., for which he tendered me 6d., which I thought was light and showed it to my father. While he was testing it Jones turned round to Cox, who was also in the bar, and said, "They are testing it." About 20 minutes later Cox went out; Jones followed five minutes afterwards. That same night I picked Jones out from a number of other men as being the man who tendered the coin. My father gave the bad coin back to Jones, who paid for his ale in good money; I cannot identify the sixpence.</p>
<p>Cross-examined. I saw no third man in company with the two prisoners.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-125" type="witnessName">
<interp inst="t19111107-name-125" type="gender" value="male"/>
<interp inst="t19111107-name-125" type="surname" value="FREE"/>
<interp inst="t19111107-name-125" type="given" value="THOMAS"/>THOMAS FREE</persName> </hi>, father of the last witness, corroborated her. He had picked Jones out from a number of other men as being the man in his bar.</p>
<hi rend="smallCaps">ARTHUR SALTER</hi>, 587 K. On the night of Octo
<lb/>ber 16, I received certain information and in consequence spoke to prisoners in Bow Common Lane, and said I should arrest them for being in possession of counterfeit coin. Jones said, "I do not know what you mean." Cox in the meantime secretly placed a sixpence (produced) on a window-sill, and on the way to the station he dropped</p>
<xptr type="pageFacsimile" doc="191111070059"/>
<p>a sixpence, and dropped another when he was searched. I found nothing on Jones.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-126" type="witnessName">
<interp inst="t19111107-name-126" type="gender" value="male"/>
<interp inst="t19111107-name-126" type="surname" value="SMITH"/>
<interp inst="t19111107-name-126" type="given" value="SIDNEY WILLIAM"/>SIDNEY WILLIAM SMITH</persName> </hi>, assistant assayer, H.M. Mint. The three sixpences produced are counterfeit, all made from the same mould.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-127" type="witnessName">
<interp inst="t19111107-name-127" type="gender" value="male"/>
<interp inst="t19111107-name-127" type="surname" value="JONES"/>
<interp inst="t19111107-name-127" type="given" value="JAMES"/>JAMES JONES</persName> </hi> (prisoner, not on oath). Cox gave me the sixpence to buy the beer; I did not know it was bad. He also gave me the good money with which I paid for the beer.</p>
<p>Verdict, Jones,
<rs id="t19111107-25-verdict-2" type="verdictDescription">
<interp inst="t19111107-25-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19111107-25-verdict-2" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<p>Sentence, Cox,
<rs id="t19111107-25-punishment-19" type="punishmentDescription">
<interp inst="t19111107-25-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-25-punishment-19" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-25-19111107 t19111107-25-punishment-19"/>Four months' hard labour</rs>.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">MR. JUSTICE GRANTHAM</hi>.</p>
<p>(Friday, November 10.)</p> </div1>
<div1 type="trialAccount" id="t19111107-26">
<interp inst="t19111107-26" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-26" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-26-charge-1" targOrder="Y" targets="def1-26-19111107 t19111107-26-offence-1 t19111107-26-verdict-1"/>
<persName id="def1-26-19111107" type="defendantName">
<interp inst="def1-26-19111107" type="gender" value="male"/>
<interp inst="def1-26-19111107" type="age" value="30"/>
<interp inst="def1-26-19111107" type="surname" value="WILLIAMS"/>
<interp inst="def1-26-19111107" type="given" value="STEPHEN DAVID"/>
<interp inst="def1-26-19111107" type="occupation" value="painter"/>
<hi rend="largeCaps">WILLIAMS</hi>, Stephen David (30, painter)</persName>
<rs id="t19111107-26-offence-1" type="offenceDescription">
<interp inst="t19111107-26-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19111107-26-offence-1" type="offenceSubcategory" value="manslaughter"/>. Manslaughter of
<persName id="t19111107-name-129" type="victimName">
<interp inst="t19111107-name-129" type="gender" value="male"/>
<interp inst="t19111107-name-129" type="surname" value="KING"/>
<interp inst="t19111107-name-129" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-26-offence-1 t19111107-name-129"/>Alfred King</persName>.</rs> </p>
<p>Mr. Herman Cohen prosecuted; Mr. Purcell defended.</p>
<p>Mr. Cohen stating that the Grand Jury having thrown out the bill in this case and prisoner being here only on the verdict of the coroner's jury, he proposed to offer no evidence.</p>
<p>Mr. Justice Grantham, in directing the jury to return a verdict of Not guilty, stated that a great deal was heard about the uselessness of Grand Juries, but he found here, as he did elsewhere, that they served a useful purpose in saving a man being put upon his trial on a serious charge of this character.</p>
<rs id="t19111107-26-verdict-1" type="verdictDescription">
<interp inst="t19111107-26-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19111107-26-verdict-1" type="verdictSubcategory" value="directed"/>Not guilty</rs>.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Friday, November 10.)</p> </div1>
<div1 type="trialAccount" id="t19111107-27">
<interp inst="t19111107-27" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-27" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-27-charge-1" targOrder="Y" targets="def1-27-19111107 t19111107-27-offence-1 t19111107-27-verdict-1"/>
<persName id="def1-27-19111107" type="defendantName">
<interp inst="def1-27-19111107" type="gender" value="male"/>
<interp inst="def1-27-19111107" type="age" value="28"/>
<interp inst="def1-27-19111107" type="surname" value="MORRIS"/>
<interp inst="def1-27-19111107" type="given" value="JOHN"/>
<interp inst="def1-27-19111107" type="occupation" value="painter"/>
<hi rend="largeCaps">MORRIS</hi>, John (28, painter)</persName>
<rs id="t19111107-27-verdict-1" type="verdictDescription">
<interp inst="t19111107-27-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-27-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111107-27-offence-1" type="offenceDescription">
<interp inst="t19111107-27-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111107-27-offence-1" type="offenceSubcategory" value="simpleLarceny"/>of stealing a box containing 15 gramophone records, the goods of the
<persName id="t19111107-name-131" type="victimName">
<interp inst="t19111107-name-131" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-27-offence-1 t19111107-name-131"/>London and North-Western Railway Company</persName>.</rs> </p>
<p>Prisoner confessed to a conviction of felony at the London Sessions on November 2, 1909, in the name of John Munroe. A long list of convictions was proved, dating back to 1902, for similar thefts (from railway platforms).</p>
<rs id="t19111107-27-punishment-20" type="punishmentDescription">
<interp inst="t19111107-27-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-27-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-27-19111107 t19111107-27-punishment-20"/>Three years' penal servitude</rs>.</p> </div1>
<xptr type="pageFacsimile" doc="191111070060"/>
<div1 type="trialAccount" id="t19111107-28">
<interp inst="t19111107-28" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-28" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-28-charge-1" targOrder="Y" targets="def1-28-19111107 t19111107-28-offence-1 t19111107-28-verdict-1"/>
<persName id="t19111107-name-132">
<interp inst="t19111107-name-132" type="gender" value="female"/>
<interp inst="t19111107-name-132" type="age" value="39"/>
<interp inst="t19111107-name-132" type="surname" value="COOPER"/>
<interp inst="t19111107-name-132" type="given" value="ELIZABETH"/>
<interp inst="t19111107-name-132" type="occupation" value="ironer"/>
<hi rend="largeCaps">COOPER</hi>, Elizabeth (39, ironer)</persName>,
<persName id="t19111107-name-133">
<interp inst="t19111107-name-133" type="gender" value="female"/>
<interp inst="t19111107-name-133" type="age" value="26"/>
<interp inst="t19111107-name-133" type="surname" value="EVANS"/>
<interp inst="t19111107-name-133" type="given" value="AMELIA"/>
<interp inst="t19111107-name-133" type="occupation" value="ironer"/>
<hi rend="largeCaps">EVANS</hi>, Amelia (26, ironer)</persName>,
<persName id="t19111107-name-134">
<interp inst="t19111107-name-134" type="gender" value="female"/>
<interp inst="t19111107-name-134" type="age" value="22"/>
<interp inst="t19111107-name-134" type="surname" value="ROBERTS"/>
<interp inst="t19111107-name-134" type="given" value="FLORENCE"/>
<interp inst="t19111107-name-134" type="occupation" value="cashier"/>
<hi rend="largeCaps">ROBERTS</hi>, Florence (22, cashier)</persName>,
<persName id="def1-28-19111107" type="defendantName">
<interp inst="def1-28-19111107" type="gender" value="male"/>
<interp inst="def1-28-19111107" type="age" value="69"/>
<interp inst="def1-28-19111107" type="surname" value="BULLOCK"/>
<interp inst="def1-28-19111107" type="given" value="JAMES"/>
<interp inst="def1-28-19111107" type="occupation" value="dealer"/>
<hi rend="largeCaps">BULLOCK</hi>, James (69, dealer)</persName>, and
<persName id="t19111107-name-136">
<interp inst="t19111107-name-136" type="gender" value="female"/>
<interp inst="t19111107-name-136" type="age" value="59"/>
<interp inst="t19111107-name-136" type="surname" value="BULLOCK"/>
<interp inst="t19111107-name-136" type="given" value="JANE"/>
<interp inst="t19111107-name-136" type="occupation" value="box maker"/>
<hi rend="largeCaps">BULLOCK</hi>, Jane (59 (box maker)</persName>.</p>
<p>These prisoners were indicted last Sessions (see preceding volume, page 725), James Bullock for receiving, the other four for larceny. The four pleaded guilty; James Bullock pleaded not guilty. At the trial (of James) the jury disagreed. James Bullock was now</p>
<p>tried upon the indictment for
<rs id="t19111107-28-offence-1" type="offenceDescription">
<interp inst="t19111107-28-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111107-28-offence-1" type="offenceSubcategory" value="receiving"/>feloniously receiving 13 chemises and other articles, the goods of
<persName id="t19111107-name-137" type="victimName">
<interp inst="t19111107-name-137" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-28-offence-1 t19111107-name-137"/>Selfridge and Company, Limited</persName> </rs>.</p>
<p>Mr. Curtis Bennett prosecuted; Mr. Purcell defended. The evidence given for the prosecution at the former trial was repeated. At the close of the case for the Crown,</p>
<p>Mr. Purcell submitted, on the authority of R. v. Annie Lewis (4 Cr. App. R., 96) that there was no case to go to the jury. In that case the woman was living with a burglar, who pleaded guilty to the burglary, some of the proceeds of which were found in the house. There were pawntickets relating to other stolen property found, and also jemmies, and there was no doubt the woman knew the character and occupation of the gang who occupied the house. The woman was acquitted, Mr. Justice Jelf stating: "Even if she did know all about it, this is not possession by her if Gardner was the thief and did not part with the possession. Even assuming that appellant knows that those with whom she is consorting are thieves, the mere fact of finding property admittedly stolen on premises occupied by her is not per se sufficient to raise a presumption that she is in possession of that property." As to the ticket, even assuming that it was stolen and that prisoner's explanation was not a reasonable one, evidence under the Prevention of Crimes Act could only be given for the purpose of proving that a person knew that the property of which he was charged with being in possession was stolen. It was not admissible to prove possession. The evi
<lb/>dence with regard to Bourne and Hollingsworth's ticket did not assist the pro
<lb/>ecution as to whether prisoner was in possession of Selfridge's property. There was not sufficient evidence that the man was ever in possession of the property at all.</p>
<p>Mr. Curtis Bennett. On September 15 two women who had pleaded guilty to stealing the articles were seen to enter prisoner's house with a parcel and to come out without it. In the meantime, prisoner had entered, and there was a strong inference that he and the women went into the sitting-room on that occasion, where the women were found on the 18th with the property. There is evidence to go to the jury as to whether it must not have been in his possession from the 15th to the 18th. In the case of Annie Lewis, the property was found in a silk handkerchief under the mattress of a bed, and therefore might never have been seen by the woman.</p>
<p>The Recorder. I do not think there is sufficient evidence in this case of the prisoner ever having been in possession of the property, particularly after the decision in R. v. Annie Lewis, and I therefore direct the jury to return a ver
<lb/>dict of Not guilty.</p>
<rs id="t19111107-28-verdict-1" type="verdictDescription">
<interp inst="t19111107-28-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19111107-28-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
<p>Upon the other indictments against James Bullock no evidence was offered and a formal verdict of Not guilty was returned.</p>
<p>Cooper, Evans, Roberts, and Jane Bullock were then brought up for sentence.</p>
<p>Police evidence was given that Jane Bullock had been previously convicted for feloniously receiving stolen goods and sentenced to eighteen months' hard labour on April 27, 1903. She had also been sentenced for keeping a brothel and was the accomplice of pro
<lb/>fessional thieves. She and James Bullock had made a perfect busi
<lb/>ness of receiving for years. Cooper had been previously sentenced to eighteen months' hard labour for larceny from the person and other terms of fifteen, eight, and two months. Evans had under
<lb/>gone three months' hard labour for stealing in 1899 and also terms for soliciting and as a suspected person. Roberts had not been previously convicted, but had refused any assistance from the police as to tracing her past career.</p>
<p>Sentences: Jane Bullock, Four years' penal servitude; Cooper, Three years' penal servitude; Evans, Eighteen months' hard labour; Roberts, Six months' hard labour; the sentences to date from the first day of last Session.</p>
<hi rend="smallCaps">BEFORE THE</hi>
<hi rend="largeCaps">COMMON SERJEANT</hi>.</p>
<p>(Friday, November 10.)</p>
<xptr type="pageFacsimile" doc="191111070061"/>
<div1 type="trialAccount" id="t19111107-29">
<interp inst="t19111107-29" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-29" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-29-charge-1" targOrder="Y" targets="def1-29-19111107 t19111107-29-offence-1 t19111107-29-verdict-1"/>
<join result="criminalCharge" id="t19111107-29-charge-2" targOrder="Y" targets="def2-29-19111107 t19111107-29-offence-2 t19111107-29-verdict-3"/>
<join result="criminalCharge" id="t19111107-29-charge-3" targOrder="Y" targets="def3-29-19111107 t19111107-29-offence-2 t19111107-29-verdict-2"/>
<persName id="def1-29-19111107" type="defendantName">
<interp inst="def1-29-19111107" type="gender" value="male"/>
<interp inst="def1-29-19111107" type="age" value="22"/>
<interp inst="def1-29-19111107" type="surname" value="LIPMAN"/>
<interp inst="def1-29-19111107" type="given" value="CHAS"/>
<interp inst="def1-29-19111107" type="occupation" value="carman"/>
<hi rend="largeCaps">LIPMAN</hi>, Chas. (22, carman)</persName>,
<persName id="def2-29-19111107" type="defendantName">
<interp inst="def2-29-19111107" type="gender" value="male"/>
<interp inst="def2-29-19111107" type="age" value="20"/>
<interp inst="def2-29-19111107" type="surname" value="RUBENSTEIN"/>
<interp inst="def2-29-19111107" type="given" value="SOLOMON"/>
<interp inst="def2-29-19111107" type="occupation" value="porter"/>
<hi rend="largeCaps">RUBENSTEIN</hi>, Solomon (20, porter)</persName>, and
<persName id="def3-29-19111107" type="defendantName">
<interp inst="def3-29-19111107" type="gender" value="male"/>
<interp inst="def3-29-19111107" type="age" value="22"/>
<interp inst="def3-29-19111107" type="surname" value="MYERS"/>
<interp inst="def3-29-19111107" type="given" value="WOLSELEY"/>
<interp inst="def3-29-19111107" type="occupation" value="confectioner"/>
<hi rend="largeCaps">MYERS</hi>, Wolseley (22, confectioner)</persName>
<rs id="t19111107-29-offence-1" type="offenceDescription">
<interp inst="t19111107-29-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19111107-29-offence-1" type="offenceSubcategory" value="coiningOffences"/>, all unlawfully uttering counterfeit coin, having more in their possession.</rs> </p>
<rs id="t19111107-29-verdict-1" type="verdictDescription">
<interp inst="t19111107-29-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-29-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>pleaded guilty of possessing</rs>; Myers
<rs id="t19111107-29-verdict-2" type="verdictDescription">
<interp inst="t19111107-29-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-29-verdict-2" type="verdictSubcategory" value="pleadedPartGuilty"/>pleaded guilty of utter
<lb/>ing</rs>; these pleas were accepted by the prosecution.</p>
<p>Mr. Wilkinson prosecuted; Mr. A. C. Fox Davies appeared for Myers; Mr. Ernest Wetton defended Rubenstein.</p>
<hi rend="smallCaps">ALFRED KIRBY</hi>, City Police. On October 25, at 3.15 p.m., I saw the three prisoners together in Gresham Street, be
<lb/>having suspiciously. I followed them through Milk Street into Cheap
<lb/>side, when Myers went away for a short time and returned. They then went through Gresham Street into Aldersgate Street, when Myers again disappeared for a short time; he came out of an Aerated Bread shop and all three went into Falcon Square, where Myers went into the "Bodega" public house; I followed; he called for a small lemonade and tendered a new two-shilling piece (produced), which the barmaid tested in my presence and found to be counterfeit. Myers then joined the other two, gave Lipman something and Lipman handed some
<lb/>thing back to Myers. They then went to the "King's Arms" public house in Aldersgate Street; Myers went in and called for a smell lemonade, tendering a new two-shilling piece, for which he received change. I spoke to the barmaid, but she was unable to give me the coin, as the till was locked. All three went on; Myers handed Lipman something and handed Rubenstein some bronze coins, went into the "Goldsmith's Arms," near Bartholomew Close, and called for an
<lb/>other small lemonade. I spoke to the proprietor; he handed me the counterfeit two-shilling piece which Myers tendered and at my re
<lb/>quest detained Myers. Having got the assistance of some people in the bar I told Lipman and Rubenstein, who were waiting outside, I was a police officer and should arrest them for being concerned with another man in uttering counterfeit coin at various public housed; they made no reply. I took them back to the "Goldsmith's Arms" and said the same thing to Myers, who replied, "I have never seen them men before." I said, "Which of you has counterfeit coin—pro
<lb/>duce it," whereupon Lipman produced 39 counterfeit florins separately wrapped in blue tissue paper (produced). On searching Rubenstein I found two shillings, a sixpence, 2s. 7d. in coppers, two cakes in a bag of the Express Dairy Company, and one lead pencil. Later on I saw the barmaids at the "Bodega" and the "King's Arms" public</p>
<xptr type="pageFacsimile" doc="191111070062"/>
<p>houses and received from them two bad florins (produced). Prisoners were charged and made no reply.</p>
<p>Cross-examined. No counterfeit money was found on Rubenstein. I had never seen him before. He struck me as being very suspicious in his actions, but I cannot say if he had been alone that he would have attracted my notice. I repeatedly saw his face. I had the three men under my observation from 3.15 to 4.15.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-141" type="witnessName">
<interp inst="t19111107-name-141" type="gender" value="female"/>
<interp inst="t19111107-name-141" type="surname" value="STONE"/>
<interp inst="t19111107-name-141" type="given" value="BETTY"/>BETTY STONE</persName> </hi>, barmaid, "Bodega" public house, Falcon Square;
<hi rend="smallCaps">EDITH MURRELL</hi>, barmaid, "King's Arms" public house; and
<hi rend="smallCaps">NATHANIEL GLUCKSTEIN</hi>, licensee of the "Goldsmith's Arms," 1, Albion Buildings, corroborated the last witness.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-142" type="witnessName">
<interp inst="t19111107-name-142" type="gender" value="male"/>
<interp inst="t19111107-name-142" type="surname" value="SMITH"/>
<interp inst="t19111107-name-142" type="given" value="SIDNEY WILLIAM"/>SIDNEY WILLIAM SMITH</persName> </hi>, assistant assayer, H.M. Mint. The 41 florins produced are all counterfeit and all made from the same mould.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-143" type="witnessName">
<interp inst="t19111107-name-143" type="gender" value="male"/>
<interp inst="t19111107-name-143" type="surname" value="RUBENSTEIN"/>
<interp inst="t19111107-name-143" type="given" value="SOLOMON"/>SOLOMON RUBENSTEIN</persName> </hi> (prisoner, on oath). I am 19 years old, a porter by trade, and have always borne an excellent character. On October 25 I was going to St. Bartholomew's Hospital, as I had a sore throat, when I met Lipman, whom I had known four months. He gave me two cakes and said he was going along with somebody else changing bad coins. I said, "I do not want to have anything to do with that." I asked him to pay me the half-crown I had lent him a couple of days ago and he gave me a shilling, 1s. 7d. in bronze, and a pencil. I was about to leave him when I was arrested. At this time I had made arrangements for going to Australia.</p>
<p>Cross-examined. Besides the 2s. 7d. which Lipman gave me I also had earned 1s. that day by selling papers; the 2s. 6d. I won betting the day before.</p>
<p>Verdict (Rubenstein),
<rs id="t19111107-29-verdict-3" type="verdictDescription">
<interp inst="t19111107-29-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-29-verdict-3" type="verdictSubcategory" value="withRecommendation"/>Guilty, with a strong recommendation to mercy on account of his youth and previous good character</rs>.</p>
<p>A number of short sentences for stealing, etc., were proved against Lipman. Rubenstein and Myers were stated to be of good character.</p>
<p>Sentences, Lipman,
<rs id="t19111107-29-punishment-21" type="punishmentDescription">
<interp inst="t19111107-29-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-29-punishment-21" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-29-19111107 t19111107-29-punishment-21"/>Twelve months' hard labour</rs>; Myers,
<rs id="t19111107-29-punishment-22" type="punishmentDescription">
<interp inst="t19111107-29-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-29-punishment-22" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-29-19111107 t19111107-29-punishment-22"/>Six months' hard labour</rs>; Rubenstein,
<rs id="t19111107-29-punishment-23" type="punishmentDescription">
<interp inst="t19111107-29-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-29-punishment-23" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-29-19111107 t19111107-29-punishment-23"/>Three months' hard labour</rs>.</p>
<p>The Jury commended the conduct of Detective Alfred Kirby, by whose promptitude prisoners were brought to justice. The Common Serjeant concurred.</p> </div1>
<div1 type="trialAccount" id="t19111107-30">
<interp inst="t19111107-30" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-30" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-30-charge-1" targOrder="Y" targets="def1-30-19111107 t19111107-30-offence-1 t19111107-30-verdict-1"/>
<join result="criminalCharge" id="t19111107-30-charge-2" targOrder="Y" targets="def2-30-19111107 t19111107-30-offence-1 t19111107-30-verdict-1"/>
<persName id="def1-30-19111107" type="defendantName">
<interp inst="def1-30-19111107" type="gender" value="male"/>
<interp inst="def1-30-19111107" type="age" value="29"/>
<interp inst="def1-30-19111107" type="surname" value="CLARK"/>
<interp inst="def1-30-19111107" type="given" value="MARK"/>
<interp inst="def1-30-19111107" type="occupation" value="labourer"/>
<hi rend="largeCaps">CLARK</hi>, Mark (29, labourer)</persName>, and
<persName id="def2-30-19111107" type="defendantName">
<interp inst="def2-30-19111107" type="gender" value="male"/>
<interp inst="def2-30-19111107" type="age" value="42"/>
<interp inst="def2-30-19111107" type="surname" value="MEAD"/>
<interp inst="def2-30-19111107" type="given" value="JAMES"/>
<interp inst="def2-30-19111107" type="occupation" value="sail maker"/>
<hi rend="largeCaps">MEAD</hi>, James (42, sail maker)</persName>,
<rs id="t19111107-30-offence-1" type="offenceDescription">
<interp inst="t19111107-30-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19111107-30-offence-1" type="offenceSubcategory" value="robbery"/> both robbery with violence upon
<persName id="t19111107-name-146" type="victimName">
<interp inst="t19111107-name-146" type="gender" value="male"/>
<interp inst="t19111107-name-146" type="surname" value="HAYNES"/>
<interp inst="t19111107-name-146" type="given" value="WILLIAM"/>
<interp inst="t19111107-name-146" type="occupation" value="plasterer"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-30-offence-1 t19111107-name-146"/>William Haynes</persName> and stealing from him 10s., one watch, and other articles, his goods and moneys.</rs> </p>
<p>Mr. M. Macmahon prosecuted.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-147" type="witnessName">
<interp inst="t19111107-name-147" type="gender" value="male"/>
<interp inst="t19111107-name-147" type="surname" value="HAYNES"/>
<interp inst="t19111107-name-147" type="given" value="WILLIAM"/>WILLIAM HAYNES</persName> </hi>, plasterer, Elizabeth Cottage, High Hill Ferry, Clapton. On October 2, at about 6 p.m., I was in the "Ship Aground" public-house, by Lea Bridge, when both prisoners asked me to stand them a drink; I thought it was the best way of getting rid of them, so I put down a shilling; at 6.30 I left. Mead followed and asked me to come back; I refused. Thinking I had got rid of them I went along the bank of the River Lea when I was suddenly struck</p>
<xptr type="pageFacsimile" doc="191111070063"/>
<p>violent blows on the head; when I recovered the two prisoners had hold of me and were searching my pockets. I struggled and received a violent blow in the eye; when I recovered they had gone.</p>
<p>Cross-examined. I was assaulted at between 8 and 8.30. (To the Judge.) I lost 10s., a watch, and other articles, which were taken from me.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-148" type="witnessName">
<interp inst="t19111107-name-148" type="gender" value="male"/>
<interp inst="t19111107-name-148" type="surname" value="THOMPSON"/>
<interp inst="t19111107-name-148" type="given" value="WILLIAM"/>WILLIAM THOMPSON</persName> </hi>, 31, Middlesex Wharf, Clapton. I am nearly 13 years old. On October 2, between 7.45 and 7.50 p.m., I saw Mead, whom I know, dragging prosecutor along a wharf beside the River Lea. Prosecutor called out, "Is there no one strong enough to help me?" This wharf is 200 yards from Lea Bridge—I could run it in five minutes.</p>
<p>Cross-examined. I know the time because the laundry girls come out at 8; this happened 10 minutes before.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-149" type="witnessName">
<interp inst="t19111107-name-149" type="gender" value="male"/>
<interp inst="t19111107-name-149" type="surname" value="UNDERWOOD"/>
<interp inst="t19111107-name-149" type="given" value="WALTER FRANK"/>WALTER FRANK UNDERWOOD</persName> </hi>, 12, Dockway, Clapton. I am 12 years old. On October 2 at between 7.45 and 7.50 p.m. I saw Mead, whom I know, pulling prosecutor over some steps by the Lea. Pro
<lb/>secutor said, "Ain't there anybody strong enough to help me?" Then another man holloaed out to prosecutor, "Ain't you coming home?" He answered "Yes"; then Mead, prosecutor, and the other man went along together. I was not in company with the witness Thompson.</p>
<hi rend="smallCaps">JAMES FORD</hi>, N Division. On October 3 at about 10.15 p.m. I was with prosecutor in the "King's Head" public-house, near Lea Bridge, when he pointed out Clark to me and said in prisoner's hearing, "That is one of the men that robbed me last night." Clark put his head on one side as if to hide. I told him I should take him into custody for assaulting and robbing prosecutor. He said, "I know nothing at all about him." He became very violent on the road to the station. I afterwards saw Mead, and said, "Is your name Mead?" He said, "All right, I know who you are; I will go quiet; I know what you want me for. I heard you got my pal Clark last night. Don't make a fuss." He was taken to the station and prosecutor picked him out from among nine others. He made no reply to the charge.</p>
<p>Cross-examined. When Clark turned his head he was not speak
<lb/>ing to anybody else.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-150" type="witnessName">
<interp inst="t19111107-name-150" type="gender" value="male"/>
<interp inst="t19111107-name-150" type="surname" value="CLARK"/>
<interp inst="t19111107-name-150" type="given" value="MARK"/>MARK CLARK</persName> </hi> (prisoner, on oath). I am absolutely innocent of this charge; I know nothing about it.</p>
<p>Cross-examined. I was in the "Ship Aground" public-house at 7, not at 6.30. I did not ask the prosecutor for a drink and he did not give me one. I know the witness Thompson and Mead. I did not see Mead on October 2.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-151" type="witnessName">
<interp inst="t19111107-name-151" type="gender" value="male"/>
<interp inst="t19111107-name-151" type="surname" value="MEAD"/>
<interp inst="t19111107-name-151" type="given" value="JAMES"/>JAMES MEAD</persName> </hi> (prisoner, on oath). On October 2, at 6 p.m., I came along the Lea and went to Stratford, where I spent the night in a lodging house. Next day I came back to Clapton, was arrested at my mother's house, and said "All right."</p>
<xptr type="pageFacsimile" doc="191111070064"/>
<p>Cross-examined. My arrest was a complete surprise to me; I did not tell the officer I knew what he had come for. I know Thompson and Underwood. The evidence of the prosecutor, Ford, Thompson, and Underwood is false.</p>
<p>Verdict (both)
<rs id="t19111107-30-verdict-1" type="verdictDescription">
<interp inst="t19111107-30-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-30-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Convictions proved: Clark, North London Police Court on Febru
<lb/>ary 25, 1905, six weeks' hard labour; and on April 20, 1904, twenty months' hard labour for stealing; stated to have done odd jobs. A large number of convictions were proved against Mead, including three years' penal servitude in 1905; stated to be of very bad character.</p>
<p>Sentences: Mead,
<rs id="t19111107-30-punishment-24" type="punishmentDescription">
<interp inst="t19111107-30-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-30-punishment-24" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-30-19111107 t19111107-30-punishment-24"/>Fifteen months' hard labour</rs>; Clark,
<rs id="t19111107-30-punishment-25" type="punishmentDescription">
<interp inst="t19111107-30-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-30-punishment-25" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-30-19111107 t19111107-30-punishment-25"/>five years' penal servitude</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-31">
<interp inst="t19111107-31" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-31" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-31-charge-1" targOrder="Y" targets="def1-31-19111107 t19111107-31-offence-1 t19111107-31-verdict-1"/>
<persName id="def1-31-19111107" type="defendantName">
<interp inst="def1-31-19111107" type="gender" value="male"/>
<interp inst="def1-31-19111107" type="age" value="53"/>
<interp inst="def1-31-19111107" type="surname" value="WILLIAMS"/>
<interp inst="def1-31-19111107" type="given" value="STEPHEN"/>
<interp inst="def1-31-19111107" type="occupation" value="slater"/>
<hi rend="largeCaps">WILLIAMS</hi>, Stephen (53, slater)</persName>
<rs id="t19111107-31-offence-1" type="offenceDescription">
<interp inst="t19111107-31-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19111107-31-offence-1" type="offenceSubcategory" value="assaultWithIntent"/>, attempting to carnally know
<persName id="t19111107-name-153" type="victimName">
<interp inst="t19111107-name-153" type="gender" value="female"/>
<interp inst="t19111107-name-153" type="surname" value="WOOLMER"/>
<interp inst="t19111107-name-153" type="given" value="ALICE"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-31-offence-1 t19111107-name-153"/>Alice Woolmer</persName>, a girl under the age of 13 years.</rs> </p>
<rs id="t19111107-31-verdict-1" type="verdictDescription">
<interp inst="t19111107-31-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-31-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<rs id="t19111107-31-punishment-26" type="punishmentDescription">
<interp inst="t19111107-31-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-31-punishment-26" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-31-19111107 t19111107-31-punishment-26"/>Six months' hard labour</rs>.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Saturday, November 11).</p> </div1>
<div1 type="trialAccount" id="t19111107-32">
<interp inst="t19111107-32" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-32" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-32-charge-1" targOrder="Y" targets="def1-32-19111107 t19111107-32-offence-1 t19111107-32-verdict-1"/>
<join result="criminalCharge" id="t19111107-32-charge-2" targOrder="Y" targets="def2-32-19111107 t19111107-32-offence-1 t19111107-32-verdict-2"/>
<join result="criminalCharge" id="t19111107-32-charge-3" targOrder="Y" targets="def3-32-19111107 t19111107-32-offence-1 t19111107-32-verdict-3"/>
<join result="criminalCharge" id="t19111107-32-charge-4" targOrder="Y" targets="def3-32-19111107 t19111107-32-offence-2 t19111107-32-verdict-3"/>
<join result="criminalCharge" id="t19111107-32-charge-5" targOrder="Y" targets="def3-32-19111107 t19111107-32-offence-3 t19111107-32-verdict-3"/>
<persName id="def1-32-19111107" type="defendantName">
<interp inst="def1-32-19111107" type="gender" value="male"/>
<interp inst="def1-32-19111107" type="age" value="20"/>
<interp inst="def1-32-19111107" type="surname" value="CHOWN"/>
<interp inst="def1-32-19111107" type="given" value="WILLIAM"/>
<interp inst="def1-32-19111107" type="occupation" value="labourer"/>
<hi rend="largeCaps">CHOWN</hi>, William (20, labourer)</persName>;
<persName id="def2-32-19111107" type="defendantName">
<interp inst="def2-32-19111107" type="gender" value="male"/>
<interp inst="def2-32-19111107" type="age" value="21"/>
<interp inst="def2-32-19111107" type="surname" value="PRATT"/>
<interp inst="def2-32-19111107" type="given" value="FREDERICK WILLIAM"/>
<interp inst="def2-32-19111107" type="occupation" value="labourer"/>
<hi rend="largeCaps">PRATT</hi>, Frederick William (21, labourer)</persName>; and
<persName id="def3-32-19111107" type="defendantName">
<interp inst="def3-32-19111107" type="gender" value="male"/>
<interp inst="def3-32-19111107" type="age" value="19"/>
<interp inst="def3-32-19111107" type="surname" value="GREEN"/>
<interp inst="def3-32-19111107" type="given" value="THOMAS"/>
<interp inst="def3-32-19111107" type="occupation" value="fitter"/>
<hi rend="largeCaps">GREEN</hi>, Thomas (19, fitter)</persName>
<rs id="t19111107-32-offence-1" type="offenceDescription">
<interp inst="t19111107-32-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111107-32-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing a quantity of copper wire, the goods of His Majesty's
<persName id="t19111107-name-157" type="victimName">
<interp inst="t19111107-name-157" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-32-offence-1 t19111107-name-157"/>Postmaster General</persName> </rs>;
<hi rend="largeCaps">GREEN</hi>,
<rs id="t19111107-32-offence-2" type="offenceDescription">
<interp inst="t19111107-32-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19111107-32-offence-2" type="offenceSubcategory" value="simpleLarceny"/>stealing one bicycle and other articles, the goods of
<persName id="t19111107-name-158" type="victimName">
<interp inst="t19111107-name-158" type="gender" value="male"/>
<interp inst="t19111107-name-158" type="surname" value="HAMNIER"/>
<interp inst="t19111107-name-158" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-32-offence-2 t19111107-name-158"/>George Hamnier</persName> and others</rs>;
<hi rend="largeCaps">GREEN</hi>
<rs id="t19111107-32-offence-3" type="offenceDescription">
<interp inst="t19111107-32-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t19111107-32-offence-3" type="offenceSubcategory" value="simpleLarceny"/>stealing five rolls of cloth, the goods of
<persName id="t19111107-name-159" type="victimName">
<interp inst="t19111107-name-159" type="gender" value="male"/>
<interp inst="t19111107-name-159" type="surname" value="GARNHAM"/>
<interp inst="t19111107-name-159" type="given" value="FREDERICK WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-32-offence-3 t19111107-name-159"/>Frederick William Garnham</persName> </rs>.</p>
<p>Chown and Green
<rs id="t19111107-32-verdict-1" type="verdictDescription">
<interp inst="t19111107-32-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-32-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty to the first indictment</rs>;
<rs id="t19111107-32-verdict-3" type="verdictDescription">
<interp inst="t19111107-32-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-32-verdict-3" type="verdictSubcategory" value="pleadedPartGuilty"/>Green not guilty to the indictments on which he was charged alone</rs>. Chown confessed to a previous conviction of felony on June 22, 1909.</p>
<p>The trial of Pratt on the first indictment was proceeded with.</p>
<p>Mr. Forster Boulton prosecuted.</p>
<hi rend="smallCaps">CHARLES LANSDALE</hi>, 640 J. There have been a number of cuttings of wire in the neighbourhood of Regent's Canal, and we were, in consequence, paying attention to the towing path. At 7.30 p.m. on October 15 I heard the fire engines going to St. Agnes Terrace in the neighbourhood, and I went on the towing path. I saw three figures moving about and two coils of wire underneath the Victoria Park railings. I climbed over the fence into the park and went on my hands and knees in their direction. When I got up to within two or three yards I took a good look at the men for about five minutes. Green was cutting the wire down from the telegraph post and Chown and Pratt were coiling it up. I crept up so as to get them between Police-constable Pennicutt, who was with me, and me. I heard his whistle blow and I ran towards the prisoners. They climbed over the railings and got into the park. I climbed over and</p>
<xptr type="pageFacsimile" doc="191111070065"/>
<p>followed Pratt and Chown. Green ran away by himself. I managed to get near enough to strike Pratt with my truncheon; I said, "If you don't stop I will brain you." I then tripped over some wires in the park. On the following evening I went to the station and identified Chown, Green and Pratt from a number of men. In going back to the spot where I had seen them I found this cap (produced) in the park and this wire and sack (produced) on the towing path.</p>
<p>Cross-examined by Pratt. You were standing on the lower part of the towing path, within a couple of yards from the telegraph post. I saw no one besides you three.</p>
<hi rend="smallCaps">THEOPHILUS PENNICUTT</hi>, 309 J. I was with Police-constable Lansdale on this occasion. I saw three men on the towing path. I blew my whistle and ran towards them. They climbed over the fence into the park. I ran backwards and forwards on the towing path; they were in the park, and I thought they might return. Chown came back and looked over the fence. I subsequently identified him. I saw no fourth man there.</p>
<hi rend="smallCaps">WILLIAM ANSELL</hi>, 279 J. At about 8.30 p.m. on October 16 I saw Pratt and Green talking with a number of other men in Hackney Road. I knew Pratt before I told him I should arrest him on suspicion of stealing telegraph wire on the 15th, about 7.30, from the towing path at Regent's Canal. He said, "I know nothing about it. I can prove where I was all Sunday evening." I took him to the station where Police-constable Lansdale identified him from a number of others. Police-constable Pennicutt failed to identify him.</p>
<hi rend="smallCaps">WILLIAM SMITH</hi> J Division. I was present when Police-constable Lansdale picked out Pratt from eight other men, whom I had assisted to get out of the street; they were similarly dressed and of a similar stature. On the following morning when con
<lb/>veying him to the police court he said, "This is a bad job for me. I met a friend of mine the other night and told him wire was going from the towing path. On Sunday evening I met one of my mates. He said, 'Tommy Green, Chownie and young Crow had just gone to get some wire from the towing path.' About 7.30 p.m. I saw Green cutting the wires and Chown and Crow were rolling it up. A policeman came and we all ran away." He lives about 400 yards from the place where this wire was cut down. To the Count: Crow was taken to the station at the same time as Pratt was taken; he bears no resemblance to Pratt; he is of the same age and clean shaven like him, but he is very much shorter. Crow was not identified by any
<p>To Pratt. You and you went down on the towing path.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-160" type="witnessName">
<interp inst="t19111107-name-160" type="gender" value="male"/>
<interp inst="t19111107-name-160" type="surname" value="BRAGDEN"/>
<interp inst="t19111107-name-160" type="given" value="HENRY JOHN"/>HENRY JOHN BRAGDEN</persName> </hi> (linesman, G.P.O.). The wires along the towing path were all right on the night of October 14. On October 15 I found 16 wires had been cut down, amongst which was the wire com
<lb/>municating with the fire station. This sort of thing has been going on several years. The value of the wire cut down on this occasion was about £4. I identify it as the property of the Postmaster-General.</p>
<xptr type="pageFacsimile" doc="191111070066"/>
<p>Prisoner's statement before the magistrate." I wish to call my wife to prove where I was on Sunday night."</p>
<hi rend="smallCaps">
<persName id="t19111107-name-161" type="witnessName">
<interp inst="t19111107-name-161" type="gender" value="male"/>
<interp inst="t19111107-name-161" type="surname" value="PRATT"/>
<interp inst="t19111107-name-161" type="given" value="FREDERICK WILLIAM"/>FREDERICK WILLIAM PRATT</persName> </hi> (prisoner, not on oath). I did not call my wife at the court to prove anything in connection with this case at all—only to prove what time I went out and what time I came in. My defence is that I was employed by detectives, whose names I can give, who are in court at present—Mr. Ansell and Mr. Sholter. At Hackney police station I was employed by these detectives to get all the information I could concerning different cases. Before I was ar
<lb/>rested I gave them information concerning this case. I was working for them several weeks. I have no policeman here who can prove that statement. I have got nothing else to say. I plead guilty. It is proved, and the constable said I was rolling the wire up. All I wish to prove is that I had no intention of stealing the wire. I joined the prisoners after they got it. Here the Recorder stated, in summing up, that prisoner having stated that he was there winding up the wire, it was for them to say whether they had any doubt that he was con
<lb/>cerned in stealing it.</p>
<p>Verdict, Guilty.</p>
<p>Pratt confessed to a previous conviction of felony on August 24, 1909.</p>
<hi rend="smallCaps">WILLIAM ANSELL</hi> stated that Pratt had informed him on October 11 that Chown and Green had gone down on the pre
<lb/>vious night to the towing-path with the intention of stealing wire, but owing to there being too much light they had not done so, and that Pratt had not given him any information concerning the robbery of which he had been convicted.</p>
<hi rend="smallCaps">PERCY SAUNDERS</hi> (J Division) proved two further convictions against Pratt, 12 months' hard labour in 1907, and 21 days' imprisonment in 1908. It was stated that he did very little work, and was an associate of thieves.</p>
<p>Four further convictions were proved against Chown; he was re
<lb/>leased from his last sentence on September 2 of this year. He was stated to be in constant association with young thieves, amongst whom were Green and Pratt. Green had never been convicted before, he had been at work for several firms, to whom he had given satis
<lb/>faction. Upon his premises, however, a quantity of stolen goods were found, the subject of two further indictments, to which he had pleaded not guilty.</p>
<p>Evidence was called as to the large numbers of robberies of copper telegraph wire in this vicinity during the past years.</p>
<p>When called upon Chown stated that Green, who was in the employ of the detectives, had forced him into this crime. Green made a state
<lb/>ment to a similar effect, and Pratt stated that he was there with no felonious intent, but as an informer.</p>
<p>Upon hearing Pratt's statement the Recorder directed that the verdict be not entered, stating that Pratt had not made his defence clear; he directed that he should be tried again. The other indict
<lb/>ments in the meantime were to remain on the files of the Court.</p>
<xptr type="pageFacsimile" doc="191111070067"/>
<p>Sentences, Chown,
<rs id="t19111107-32-punishment-27" type="punishmentDescription">
<interp inst="t19111107-32-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-32-punishment-27" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-32-19111107 t19111107-32-punishment-27"/>Twelve months' hard labour</rs>; Green,
<rs id="t19111107-32-punishment-28" type="punishmentDescription">
<interp inst="t19111107-32-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-32-punishment-28" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-32-19111107 t19111107-32-punishment-28"/>Six months' hard labour</rs>.</p>
<p>(Tuesday, November 14.) Pratt was brought up.</p>
<rs id="t19111107-32-verdict-2" type="verdictDescription">
<interp inst="t19111107-32-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-32-verdict-2" type="verdictSubcategory" value="no_subcategory"/>The Recorder stated that in consequence of the very serious asper
<lb/>sions made against the police by Pratt, he had thought it better that an opportunity should be given of investigating them; but, although in law there was a wide discretion as to the circumstances under which a jury might be discharged when there was some misunderstanding as to what in fact the Jury had before them, he did not think that this came within it, and he would act upon the verdict of the jury</rs>.</p>
<rs id="t19111107-32-punishment-29" type="punishmentDescription">
<interp inst="t19111107-32-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-32-punishment-29" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-32-19111107 t19111107-32-punishment-29"/>Twelve months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-33">
<interp inst="t19111107-33" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-33" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-33-charge-1" targOrder="Y" targets="def1-33-19111107 t19111107-33-offence-1 t19111107-33-verdict-1"/>
<persName id="def1-33-19111107" type="defendantName">
<interp inst="def1-33-19111107" type="gender" value="male"/>
<interp inst="def1-33-19111107" type="age" value="76"/>
<interp inst="def1-33-19111107" type="surname" value="SEATON"/>
<interp inst="def1-33-19111107" type="given" value="JOHN"/>
<interp inst="def1-33-19111107" type="occupation" value="hawker"/>
<hi rend="largeCaps">SEATON</hi>, John (76, hawker)</persName>
<rs id="t19111107-33-offence-1" type="offenceDescription">
<interp inst="t19111107-33-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19111107-33-offence-1" type="offenceSubcategory" value="simpleLarceny"/>. Stealing one box containing 12 card
<lb/>board boxes and 144 lace collarettes, the goods of
<persName id="t19111107-name-163" type="victimName">
<interp inst="t19111107-name-163" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-33-offence-1 t19111107-name-163"/>Van Oppen and Co., Limited</persName>.</rs> </p>
<p>Mr. Penry Oliver prosecuted.</p>
<hi rend="smallCaps">FREDERICK WISE</hi>, City Police. About 9.55 p.m. on October 16 I was standing in St. Paul's Churchyard when I saw prisoner, whom I knew, carrying this linen bag, from which I could see this box protruding. I said, "What have you got there and where have you got it from?" He said, "A box, but I shall not tell you whre I got it from." I took him to the station. On the box I found two labels, one "Messrs. Van Oppen and Co., Limited, continental carriers," and the other "Messrs. Cook, Son and Co., 22, St. Paul's Churchyard." I communicated with Messrs. Van Oppen and Co., and, in consequence of what they told me, I charged prisoner with stealing and receiving the box from a van in St. Paul's Churchyard. He said, "Not in St. Paul's Churchyard. It was at the corner of Watling Street, by Old Change." I found the box contained 12 white cardboard boxes, each containing one dozen lace collarettes.</p>
<p>Cross-examined by prisoner. When I saw you you were going in the direction of Bartholomew Close, where the box came from.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-164" type="witnessName">
<interp inst="t19111107-name-164" type="gender" value="male"/>
<interp inst="t19111107-name-164" type="surname" value="FERRY"/>
<interp inst="t19111107-name-164" type="given" value="GEORGE WILLIAM"/>GEORGE WILLIAM FERRY</persName> </hi>, carman, Van Oppen and Co., Limited, continental carriers, 90 and 91, Bartholomew Close. I collected this box at Great Eastern goods station on October 16 and put it in my van; I took it to Cook and Sons, St. Paul's Churchyard, and I found I was too late to deliver it there. I completed my delivery of other parcels and then went home. I then missed it; I had started with eight boxes for Cook's and found I only had seven. It could not have dopped from the van; it was a covered van, and I had a boy behind. I delivered at two or three places in Watling Street. I identify this box; the value of its contents is £5 19s.</p>
<p>To prisoner. The boy did not tell me that anybody had come to the van and taken the parcel from it.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-165" type="witnessName">
<interp inst="t19111107-name-165" type="gender" value="male"/>
<interp inst="t19111107-name-165" type="surname" value="SEATON"/>
<interp inst="t19111107-name-165" type="given" value="JOHN"/>JOHN SEATON</persName> </hi> (prisoner, on oath). On the afternoon of October 16 I was going down Watling Street and as I got close by the Old Change I saw this box lying on the pavement. I picked it up, and seeing</p>
<xptr type="pageFacsimile" doc="191111070068"/>
<p>that it was addressed to Van Oppen's, I was going towards Bartho
<lb/>lomew Close to take it there when the sergeant stopped me. I would not tell him where I had got it from, as he was in plain clothes, and I did not know who he was.</p>
<p>Cross-examined. It is true that it did not have Van Oppen's address upon it, but I knew where they were, it was their property as it had not yet been delivered to Cook's. I put it in the bag because I did not want anybody to see it; I did not know whose it was and anybody might have come up and claimed it. I will never give any policeman any information, and when I was arrested I would not do so. I did not tell the magistrate my defence because I had made up my mind to come for trial.</p>
<rs id="t19111107-33-verdict-1" type="verdictDescription">
<interp inst="t19111107-33-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-33-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Prisoner confessed to a previous conviction of felony at this Court on September 7, 1909. He had been continuously in prison since 1889; there were over 20 convictions against him.</p>
<rs id="t19111107-33-punishment-30" type="punishmentDescription">
<interp inst="t19111107-33-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-33-punishment-30" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-33-19111107 t19111107-33-punishment-30"/>Three years' penal servitude</rs>.</p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE COMMON SERJEANT</hi>.</p>
<p>(Saturday, November 11.)</p> </div1>
<div1 type="trialAccount" id="t19111107-34">
<interp inst="t19111107-34" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-34" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-34-charge-1" targOrder="Y" targets="def1-34-19111107 t19111107-34-offence-1 t19111107-34-verdict-1"/>
<persName id="def1-34-19111107" type="defendantName">
<interp inst="def1-34-19111107" type="gender" value="male"/>
<interp inst="def1-34-19111107" type="age" value="52"/>
<interp inst="def1-34-19111107" type="surname" value="BOUGHTON"/>
<interp inst="def1-34-19111107" type="given" value="ROBERT"/>
<interp inst="def1-34-19111107" type="occupation" value="architect"/>
<hi rend="largeCaps">BOUGHTON</hi>, Robert (52, architect)</persName>
<rs id="t19111107-34-offence-1" type="offenceDescription">
<interp inst="t19111107-34-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111107-34-offence-1" type="offenceSubcategory" value="bankrupcy"/>, having been adjudicated bankrupt within four months next before the presentation of a bank
<lb/>ruptcy petition against him unlawfully pawning certain property which he had obtained on credit and had not paid for, to wit, 12 chairs from
<persName id="t19111107-name-167" type="victimName">
<interp inst="t19111107-name-167" type="gender" value="male"/>
<interp inst="t19111107-name-167" type="surname" value="BAVEYSTOCK"/>
<interp inst="t19111107-name-167" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-34-offence-1 t19111107-name-167"/>Charles Baveystock</persName> and others, two knife-cleaning machines from
<persName id="t19111107-name-168" type="victimName">
<interp inst="t19111107-name-168" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-34-offence-1 t19111107-name-168"/>Spong and Company, Limited</persName>, one cork drawer from F
<persName id="t19111107-name-169" type="victimName">
<interp inst="t19111107-name-169" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-34-offence-1 t19111107-name-169"/>arrow and Jackson, Limited</persName>, four cupboards from
<persName id="t19111107-name-170" type="victimName">
<interp inst="t19111107-name-170" type="gender" value="male"/>
<interp inst="t19111107-name-170" type="surname" value="COLVILLE"/>
<interp inst="t19111107-name-170" type="given" value="DAVID"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-34-offence-1 t19111107-name-170"/>David Colville</persName> and others, one camera and one pair of binoculars from
<persName id="t19111107-name-171" type="victimName">
<interp inst="t19111107-name-171" type="gender" value="male"/>
<interp inst="t19111107-name-171" type="surname" value="ROUCH"/>
<interp inst="t19111107-name-171" type="given" value="WILLIAM ALBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-34-offence-1 t19111107-name-171"/>William Albert Rouch</persName>, in each case with intent to defraud; in incurring certain debts and liabilities, to wit, to the amount of £5 8s. from Charles Baveystock and others, £1 12s. from Farrow and Jackson, Limited, £2 2s. from Roneo, Limited, £6 6s., £5 18s. 6d., £5 14s. 6d., £6 17s. 6d. from Barnett, Limited, £2 15s. 2d. and £1 6s. 3d. from Spong and Company, Limited, £13 10s. from Symes and Colville, Limited, £6 6s. and £5 10s. from
<persName id="t19111107-name-172" type="victimName">
<interp inst="t19111107-name-172" type="gender" value="male"/>
<interp inst="t19111107-name-172" type="surname" value="ROUCH"/>
<interp inst="t19111107-name-172" type="given" value="WILLIAM ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-34-offence-1 t19111107-name-172"/>William Alfred Rouch</persName>, and £6 13s. from
<persName id="t19111107-name-173" type="victimName">
<interp inst="t19111107-name-173" type="gender" value="male"/>
<interp inst="t19111107-name-173" type="surname" value="PLATT"/>
<interp inst="t19111107-name-173" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-34-offence-1 t19111107-name-173"/>William Platt</persName> and others, in each case unlawfully did obtain credit by fraud other than false pretences, and with intent to defraud</rs>. Mr. Bodkin, Mr. Graham-Campbell, and Mr. H. D. Roome prose
<lb/>cuted; Mr. L. S. Green defended.</p>
<p>Mr. Green submitted that counts 3, 4, 5, 6, 10, 17, 19, 22, and 25 to 29 were bad; being under Section 11, Sub-Section 15 of the Debtors Act, 1869, the defendant must be a "trader," and the goods disposed of "not in the ordinary way of his trade"; the counts disclose no criminal offence.</p>
<p>Mr. Bodkin said the counts had been drawn in this way in order to obtain the opinion of the Court on a matter of great importance to the Board of Trade and the Bankruptcy officials. He submitted that the distinction which up to 1883 had been drawn between traders and non-traders had been removed by the Bankruptcy Act of 1883 and by 53 and 54 Vict. c. 71. sec. 26; that the words "being a trader" were impliedly repeated, and the words "otherwise than</p>
<xptr type="pageFacsimile" doc="191111070069"/>
<p>in the ordinary way of his trade" were only retained parenthetically for the purpose of providing a defence to a trader dealing with goods unpaid for in the legitimate way of his trade (Reg. v. Juston, 61 J.P., p. 605).</p>
<p>The Common Serjeant. I think it is clear these counts are bad. There used to be, of course, "bankrupts" who were only bankrupts in the sense of being traders, and "insolvents" in cases of persons who were not traders. That distinction has been done away and all persons, whether traders or not, can be made bankrupts. By the Debtors Act, 1869, Sec. 11, Sub-sec. 15, under which these counts are drawn, a number of misdemeanours are specified. The same considerations would apply to sub-section 14. It is only necessary to-day to consider the effect of the various changes of the law and the words in the Acts which apply to the offence specified in the Debtors Act of 1869, Section 11, Sub-section 50. The distinction between traders and non-traders for the pur
<lb/>poses of bankruptcy is abolished, and it is provided by. the Act of 1883, first, in Section 103, that where there is a judgment against a person by which he becomes a judgment debtor, then if application is made by the judgment credi
<lb/>tor for the committal of the judgment debtor the Court may decline to com
<lb/>mit him to prison and may, with the consent of the judgment creditor, make a receiving order against him. Then by Section 163, Sub-section 2 of the same Act, it is provided that the provisions of the Debtors Act as to offences by bankrupts shall apply to any person whether a trader or not in respect of whose estate a receiving order has been made, as if the term "bankrupt" in
<lb/>cluded a person in respect of whose estate a receiving order has been made. Therefore, when the receiving order has been made, but no bankruptcy follows, the provisions of the Debtors Act apply, and they may be applied to any person, whether a trader or not. But we now have to look, after that Statute is passed, to the offence constituted by Section 11, Sub-section 15, of the Act of 1860; there the word "trader" and the following words do not come in by way merely of a definition of a person; they describe the offence. The offence is that being a trader he pawns, pledge's, or disposes of property which he has obtained on credit and not paid for otherwise than in the ordinary way of his trade. It is not because a trader may be made bankrupt, or because a person who is not a trader may be made bankrupt, or because the whole of section 11 does not apply to anybody but traders, that a person not a trader commits the offence described. This is describing the offence. The nature of the offence is that he is a trader—a man in trade (taking in of course all the statutory defini
<lb/>tions of a "trader"), who having obtained property on credit which he has not paid for disposes of that not in the way of his trade. Although the whole of Section 11 constituting offences would now apply to people who are not traders, that change in the law does not make a new offence; the offence is only that, being a trader, he disposes of property not in the way of his trade, meaning that he has obtained property as a trader in the way of his trade and has got rid of it in some other way. It is quite dear, in my opinion, that that sub-section cannot apply to a person who is not a trader, because the offence is that he disposes of it otherwise than in the ordinary way of his trade. If it was intended to apply to a person, not a trader, who obtained property on credit and did not pay for it and pawned or pledged it, then it would be an entirely new offence. That person the legislature has not provided for. Therefore as the offence constituted here is only that of a trader disposing of property obtained on credit and not paid for, otherwise than in the ordinary way of his trade, and as that offence is not charged in these particular counts, this indictment charges that which in law is no offence. Therefore the counts must be quashed. I say nothing about what would be the effect of a verdict upon such counts at these; a verdict of guilty might be held to cure certain defects. Here the object
<lb/>tion is taken on the counts as they stand and before a verdict The counts in my opinion charge no offence and therefore they must be quashed.</p>
<p>Prisoner then
<rs id="t19111107-34-verdict-1" type="verdictDescription">
<interp inst="t19111107-34-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-34-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty to counts 18, 20, 23, 30, 31, and 33, under Election 13 of the Debtors Act, 1869, which plea was accepted by the prosecution</rs>.</p>
<rs id="t19111107-34-punishment-31" type="punishmentDescription">
<interp inst="t19111107-34-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-34-punishment-31" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-34-19111107 t19111107-34-punishment-31"/>Six months' imprisonment, second division</rs>.</p>
<xptr type="pageFacsimile" doc="191111070070"/>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Monday, November 13.)</p> </div1>
<div1 type="trialAccount" id="t19111107-35">
<interp inst="t19111107-35" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-35" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-35-charge-1" targOrder="Y" targets="def1-35-19111107 t19111107-35-offence-1 t19111107-35-verdict-1"/>
<persName id="def1-35-19111107" type="defendantName">
<interp inst="def1-35-19111107" type="gender" value="male"/>
<interp inst="def1-35-19111107" type="age" value="26"/>
<interp inst="def1-35-19111107" type="surname" value="SAUER"/>
<interp inst="def1-35-19111107" type="given" value="HERMAN"/>
<interp inst="def1-35-19111107" type="occupation" value="engineer"/>
<hi rend="largeCaps">SAUER</hi>, Herman (26, engineer)</persName>
<rs id="t19111107-35-verdict-1" type="verdictDescription">
<interp inst="t19111107-35-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-35-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111107-35-offence-1" type="offenceDescription">
<interp inst="t19111107-35-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111107-35-offence-1" type="offenceSubcategory" value="fraud"/>, of obtaining by false pretences from
<persName id="t19111107-name-175" type="victimName">
<interp inst="t19111107-name-175" type="gender" value="female"/>
<interp inst="t19111107-name-175" type="surname" value="RUSSELL"/>
<interp inst="t19111107-name-175" type="given" value="LILY"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-35-offence-1 t19111107-name-175"/>Lily Russell</persName> one coat and two rings, and from
<persName id="t19111107-name-176" type="victimName">
<interp inst="t19111107-name-176" type="gender" value="male"/>
<interp inst="t19111107-name-176" type="surname" value="HAROLD"/>
<interp inst="t19111107-name-176" type="given" value="PATRICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-35-offence-1 t19111107-name-176"/>Patrick Harold</persName> the sum of 6s., in each case with intent to defraud.</rs> </p>
<p>Prisoner, an American citizen who had come over here for the Coronation, had obtained the above goods and moneys on the plea that he was stranded; there were several other complaints against him of a similar nature. He had been previously imprisoned in this country for "cab-bilking." It was stated that there was another warrant against him, but on the prisoner stating that he was innocent of the offence upon which this was granted, the Recorder said he would not, in his sentence, take it into account.</p>
<rs id="t19111107-35-punishment-32" type="punishmentDescription">
<interp inst="t19111107-35-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-35-punishment-32" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-35-19111107 t19111107-35-punishment-32"/>Three months' imprisonment, second division</rs>;
<rs id="t19111107-35-punishment-33" type="punishmentDescription">
<interp inst="t19111107-35-punishment-33" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19111107-35-punishment-33" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-35-19111107 t19111107-35-punishment-33"/>recom
<lb/>mended for expulsion under the Aliens Act</rs>.</p> </div1>
<div1 type="trialAccount" id="t19111107-36">
<interp inst="t19111107-36" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-36" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-36-charge-1" targOrder="Y" targets="def1-36-19111107 t19111107-36-offence-1 t19111107-36-verdict-1"/>
<join result="criminalCharge" id="t19111107-36-charge-2" targOrder="Y" targets="def2-36-19111107 t19111107-36-offence-1 t19111107-36-verdict-1"/>
<persName id="def1-36-19111107" type="defendantName">
<interp inst="def1-36-19111107" type="gender" value="male"/>
<interp inst="def1-36-19111107" type="age" value="26"/>
<interp inst="def1-36-19111107" type="surname" value="WALKER"/>
<interp inst="def1-36-19111107" type="given" value="EDWARD JAMES"/>
<interp inst="def1-36-19111107" type="occupation" value="publican"/>
<hi rend="largeCaps">WALKER</hi>, Edward James (26, publican)</persName>, and
<persName id="def2-36-19111107" type="defendantName">
<interp inst="def2-36-19111107" type="gender" value="male"/>
<interp inst="def2-36-19111107" type="age" value="34"/>
<interp inst="def2-36-19111107" type="surname" value="SMITH"/>
<interp inst="def2-36-19111107" type="given" value="THOMAS"/>
<interp inst="def2-36-19111107" type="occupation" value="barman"/>
<hi rend="largeCaps">SMITH</hi>, Thomas (34, barman)</persName>
<rs id="t19111107-36-verdict-1" type="verdictDescription">
<interp inst="t19111107-36-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19111107-36-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19111107-36-offence-1" type="offenceDescription">
<interp inst="t19111107-36-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19111107-36-offence-1" type="offenceSubcategory" value="fraud"/>, of conspiring and agreeing together to con
<lb/>travene the Servants' Character Act, 1792, in that the said E. J. Walker pretended to
<persName id="t19111107-name-179" type="victimName">
<interp inst="t19111107-name-179" type="gender" value="male"/>
<interp inst="t19111107-name-179" type="surname" value="ELLIOTT"/>
<interp inst="t19111107-name-179" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-36-offence-1 t19111107-name-179"/>Joseph Elliott</persName>,
<persName id="t19111107-name-180" type="victimName">
<interp inst="t19111107-name-180" type="gender" value="male"/>
<interp inst="t19111107-name-180" type="surname" value="BIRD"/>
<interp inst="t19111107-name-180" type="given" value="CHARLES GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-36-offence-1 t19111107-name-180"/>Charles George Bird</persName>,
<persName id="t19111107-name-181" type="victimName">
<interp inst="t19111107-name-181" type="gender" value="male"/>
<interp inst="t19111107-name-181" type="surname" value="NEWMAN"/>
<interp inst="t19111107-name-181" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-36-offence-1 t19111107-name-181"/>Charles Newman</persName>,
<persName id="t19111107-name-182" type="victimName">
<interp inst="t19111107-name-182" type="gender" value="male"/>
<interp inst="t19111107-name-182" type="surname" value="ELDRIDGE"/>
<interp inst="t19111107-name-182" type="given" value="MICHAEL"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-36-offence-1 t19111107-name-182"/>Michael Eldridge</persName>,
<persName id="t19111107-name-183" type="victimName">
<interp inst="t19111107-name-183" type="gender" value="male"/>
<interp inst="t19111107-name-183" type="surname" value="GALE"/>
<interp inst="t19111107-name-183" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-36-offence-1 t19111107-name-183"/>Robert Gale</persName> and
<persName id="t19111107-name-184" type="victimName">
<interp inst="t19111107-name-184" type="gender" value="male"/>
<interp inst="t19111107-name-184" type="surname" value="RAWLINGS"/>
<interp inst="t19111107-name-184" type="given" value="HARRY EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-36-offence-1 t19111107-name-184"/>Harry Edward Raw
<lb/>lings</persName>, that the said T. Smith had been hired for certain periods by the said E. J. Walker as a barman, whereas he had not so been hired, and that the said T. Smith falsely pretended to the said
<persName id="t19111107-name-185" type="victimName">
<interp inst="t19111107-name-185" type="gender" value="male"/>
<interp inst="t19111107-name-185" type="surname" value="ELLIOTT"/>
<interp inst="t19111107-name-185" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-36-offence-1 t19111107-name-185"/>Joseph Elliott</persName>,
<persName id="t19111107-name-186" type="victimName">
<interp inst="t19111107-name-186" type="gender" value="male"/>
<interp inst="t19111107-name-186" type="surname" value="BIRD"/>
<interp inst="t19111107-name-186" type="given" value="CHARLES GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-36-offence-1 t19111107-name-186"/>Charles George Bird</persName>,
<persName id="t19111107-name-187" type="victimName">
<interp inst="t19111107-name-187" type="gender" value="male"/>
<interp inst="t19111107-name-187" type="surname" value="NEWMAN"/>
<interp inst="t19111107-name-187" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-36-offence-1 t19111107-name-187"/>Charles Newman</persName>,
<persName id="t19111107-name-188" type="victimName">
<interp inst="t19111107-name-188" type="gender" value="male"/>
<interp inst="t19111107-name-188" type="surname" value="ELDRIDGE"/>
<interp inst="t19111107-name-188" type="given" value="MICHAEL"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-36-offence-1 t19111107-name-188"/>Michael Eldridge</persName>,
<persName id="t19111107-name-189" type="victimName">
<interp inst="t19111107-name-189" type="gender" value="male"/>
<interp inst="t19111107-name-189" type="surname" value="GALE"/>
<interp inst="t19111107-name-189" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-36-offence-1 t19111107-name-189"/>Robert Gale</persName> and
<persName id="t19111107-name-190" type="victimName">
<interp inst="t19111107-name-190" type="gender" value="male"/>
<interp inst="t19111107-name-190" type="surname" value="RAWLINGS"/>
<interp inst="t19111107-name-190" type="given" value="HARRY EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-36-offence-1 t19111107-name-190"/>Harry Edward Rawlings</persName> that he had served as barman.</rs> </p>
<p>Mr. Bodkin prosecuted; Mr. H. D. Roome defended Walker.</p>
<p>Walker had 3 1/2 years ago been employed in the same public house as Smith, but was now manager of "The Angel," Hammersmith. On Smith losing his employment he referred intending employers to Walker for a character, which Walker gave. Having been dis
<lb/>charged from this situation for being drunk, Smith again referred to Walker. Walker continued giving references in this way in response to applications, although it had come to his knowledge that Smith on every occasion had been discharged for drunkenness or misappro
<lb/>priations. On Smith being charged with misappropriating his employers' money, Walker stated that he had no knowledge of him. Smith was now undergoing the sentence of six months' hard labour for the offence, which the Recorder was asked to take into account.</p>
<p>Walker received a good character,
<hi rend="smallCaps">RUEBEN WASH</hi>, the licensee of "The Angel," Hammersmith, stated that he was willing to take him back into his employ.</p>
<p>Sentences, Smith
<rs id="t19111107-36-punishment-34" type="punishmentDescription">
<interp inst="t19111107-36-punishment-34" type="punishmentCategory" value="imprison"/>
<interp inst="t19111107-36-punishment-34" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-36-19111107 t19111107-36-punishment-34"/>Three months' hard labour to date from November 7</rs>; Walker's
<rs id="t19111107-36-punishment-35" type="punishmentDescription">
<interp inst="t19111107-36-punishment-35" type="punishmentCategory" value="noPunish"/>
<interp inst="t19111107-36-punishment-35" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-36-19111107 t19111107-36-punishment-35"/>sentence was postponed till next sessions</rs>. The Recorder refused to make an order that Walker should pay the costs of the prosecution.</p> </div1>
<div1 type="trialAccount" id="t19111107-37">
<interp inst="t19111107-37" type="uri" value="sessionsPapers/19111107"/>
<interp inst="t19111107-37" type="date" value="19111107"/>
<join result="criminalCharge" id="t19111107-37-charge-1" targOrder="Y" targets="def1-37-19111107 t19111107-37-offence-1 t19111107-37-verdict-1"/>
<join result="criminalCharge" id="t19111107-37-charge-2" targOrder="Y" targets="def2-37-19111107 t19111107-37-offence-1 t19111107-37-verdict-1"/>
<xptr type="pageFacsimile" doc="191111070071"/>
<persName id="def1-37-19111107" type="defendantName">
<interp inst="def1-37-19111107" type="gender" value="male"/>
<interp inst="def1-37-19111107" type="age" value="32"/>
<interp inst="def1-37-19111107" type="surname" value="SULLIVAN"/>
<interp inst="def1-37-19111107" type="given" value="JOHN"/>
<interp inst="def1-37-19111107" type="occupation" value="labourer"/>
<hi rend="largeCaps">SULLIVAN</hi>, John (32, labourer)</persName>, and
<persName id="def2-37-19111107" type="defendantName">
<interp inst="def2-37-19111107" type="gender" value="male"/>
<interp inst="def2-37-19111107" type="age" value="25"/>
<interp inst="def2-37-19111107" type="surname" value="BROWN"/>
<interp inst="def2-37-19111107" type="given" value="WILLIAM"/>
<interp inst="def2-37-19111107" type="occupation" value="labourer"/>
<hi rend="largeCaps">BROWN</hi>, William (25, labourer)</persName>
<rs id="t19111107-37-offence-1" type="offenceDescription">
<interp inst="t19111107-37-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19111107-37-offence-1" type="offenceSubcategory" value="robbery"/>, robbery with violence upon
<persName id="t19111107-name-193" type="victimName">
<interp inst="t19111107-name-193" type="gender" value="male"/>
<interp inst="t19111107-name-193" type="surname" value="SMART"/>
<interp inst="t19111107-name-193" type="given" value="THOMAS BOWER"/>
<interp inst="t19111107-name-193" type="occupation" value="stonemason"/>
<join result="offenceVictim" targOrder="Y" targets="t19111107-37-offence-1 t19111107-name-193"/>Thomas Bower Smart</persName>, and stealing from him a parcel containing an undershirt and other articles, his goods.</rs> </p>
<p>Mr. Wilson prosecuted.</p>
<hi rend="smallCaps">
<persName id="t19111107-name-194" type="witnessName">
<interp inst="t19111107-name-194" type="gender" value="male"/>
<interp inst="t19111107-name-194" type="surname" value="SMART"/>
<interp inst="t19111107-name-194" type="given" value="THOMAS BOWER"/>THOMAS BOWER SMART</persName> </hi>, stonemason, 18, Finchley Street, London Road. At 7 p.m. on October 14, I was looking into a shop window in London Road, when three or four men came round and jostled me; two of them were the prisoners; they were strangers to me. One of the men snatched at a parcel which I had under my arm. I held on to it, when one of them gave me a nasty blow under the heart which made me leave go. The parcel contained this vest and these two col
<lb/>lars, value 3s. Brown got the parcel and made a dash with it down the street. I saw a detective run after him and catch him. Sullivan ran away; he was arrested by the same officer.</p>
<p>Cross-examined by Sullivan. I was within a couple of feet from the window. I was struck on the left hand side. The officer ran you into the shop and you were arrested.</p>
<hi rend="smallCaps">JOSEPH HAYMAN</hi>, L Division. About 7 p.m. on October 14 I was passing a second-hand clothes shop in London Road, when I saw prosecutor looking in at the window surrounded by the prisoners and another man; they were jostling him and trying to take a parcel from underneath his arm. Sullivan struck him in the stomach, took the parcel, and threw it to Brown, who caught it and ran down Goodwood Street. I chased him. On catching him he threw the parcel over some railings and I directed a boy to fetch it for me. I had Brown against the railings. Sullivan and the other men then came up, struck me, and got him away from me; I ran after him and caught him at the corner of London Road. He struggled very violently, and the other men then came, struck me, and tried to get him away again. I pushed him into the second-hand clothes shop. A man on the other side of the road blew a whistle and a policeman came to my assistance. I managed to keep Brown and Sullivan in the shop; the third man escaped. It took six men to get Sullivan to the station. When charged, Brown made no reply, and Sullivan said, "Thank you, is that all you can make of it." I produce the parcel which I had dropped in the shop.</p>
<p>To Sullivan: You struck the prosecutor on the right side. You came in the shop after Brown and myself; you did not go out and come back again.</p>