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<p>JANUARY (2), 1912.</p>
<p>Vol. CLVI.] [Part 928</p>
<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>CROSBY, MAYOR.</p>
<p>FOURTH SESSION,</p>
<p>HELD JAN. 30TH, 1912, AND FOLLOWING DAYS.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORTHAND BY</p>
<p>GEORGE WALPOLE & CO.,</p>
<p>Shorthand Writers to the Court.</p>
<p>POINTS OF LAW AND PRACTICE</p>
<p>EDITED BY</p>
<p>H. DELACOMBE ROOME, ESQUIRE,</p>
<p>OF THE MIDDLE TEMPLE</p>
<p>[Published by Annual Subscription.]</p>
<p>LONDON:</p>
<p>GEO. WALPOLE & CO., PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W.C.</p>
<xptr type="pageFacsimile" doc="191201300002"/>
<p>PRINTED BY</p>
<p>THE ARGUS PRINTING COMPANY, LIMITED,</p>
<p>10, TEMPLE AVENUE, LONDON, E.C.</p>
<xptr type="pageFacsimile" doc="191201300003"/>
<p>THE</p>
<p>WHOLE PROCEEDINGS</p>
<p>On the King's Commission of</p>
<p>OYER AND TERMINER AND GAOL DELIVERY</p>
<p>FOR</p>
<p>The City of London,</p>
<p>AND GAOL DELIVERY FOR THE</p>
<p>COUNTY OF MIDDLESEX AND THE PARTS OF OTHER COUNTIES</p>
<p>WITHIN THE JURISDICTION</p>
<p>OF THE</p>
<p>CENTRAL CRIMINAL COURT,</p>
<p>Held on Tuesday, January 30th, 1912, and following days.</p>
<p>Before the Right Hon. Sir
<hi rend="largeCaps">THOMAS BOOR CROSBY, M.D., LORD MAYOR</hi> of the said City of London; the Hon. Sir
<hi rend="smallCaps">
<persName id="t19120130-name-1" type="judiciaryName">
<interp inst="t19120130-name-1" type="gender" value="male"/>
<interp inst="t19120130-name-1" type="surname" value="PHILLIMORE"/>
<interp inst="t19120130-name-1" type="given" value="WALTER GEORGE FRANK"/>WALTER GEORGE FRANK PHILLIMORE</persName> </hi>, Bart., and Sir
<hi rend="smallCaps">
<persName id="t19120130-name-2" type="judiciaryName">
<interp inst="t19120130-name-2" type="gender" value="male"/>
<interp inst="t19120130-name-2" type="surname" value="RIDLEY"/>
<interp inst="t19120130-name-2" type="given" value="EDWARD"/>EDWARD RIDLEY</persName> </hi>, Knight, two of the Justices of His Majesty's High Court; Sir
<hi rend="smallCaps">
<persName id="t19120130-name-3" type="judiciaryName">
<interp inst="t19120130-name-3" type="gender" value="male"/>
<interp inst="t19120130-name-3" type="surname" value="SAVORY"/>
<interp inst="t19120130-name-3" type="given" value="JOSEPH"/>JOSEPH SAVORY</persName> </hi>, Bart.; Sir
<hi rend="smallCaps">
<persName id="t19120130-name-4" type="judiciaryName">
<interp inst="t19120130-name-4" type="gender" value="male"/>
<interp inst="t19120130-name-4" type="surname" value="NEWTON"/>
<interp inst="t19120130-name-4" type="given" value="ALFRED JAMES"/>ALFRED JAMES NEWTON</persName> </hi>, Bart.; Sir
<hi rend="smallCaps">W.
<persName id="t19120130-name-5" type="judiciaryName">
<interp inst="t19120130-name-5" type="gender" value="male"/>
<interp inst="t19120130-name-5" type="surname" value="MORGAN"/>
<interp inst="t19120130-name-5" type="given" value="VAUGHAN"/>VAUGHAN MORGAN</persName> </hi>, Bart.; Sir
<hi rend="smallCaps">
<persName id="t19120130-name-6" type="judiciaryName">
<interp inst="t19120130-name-6" type="gender" value="male"/>
<interp inst="t19120130-name-6" type="surname" value="KNILL"/>
<interp inst="t19120130-name-6" type="given" value="JOHN"/>JOHN KNILL</persName> </hi>, Bart.; Sir
<hi rend="smallCaps">CHAS. CHEERS WAKEFIELD</hi>, Knight;
<hi rend="smallCaps">
<persName id="t19120130-name-7" type="judiciaryName">
<interp inst="t19120130-name-7" type="gender" value="male"/>
<interp inst="t19120130-name-7" type="surname" value="COOPER"/>
<interp inst="t19120130-name-7" type="given" value="EDWARD ERNEST"/>EDWARD ERNEST COOPER</persName> </hi>, Esq.; Aldermen of the said City; Sir
<hi rend="smallCaps">FORREST FULTON</hi>, Knight, K.C., Recorder of the said City; His Honour Judge
<hi rend="smallCaps">
<persName id="t19120130-name-8" type="judiciaryName">
<interp inst="t19120130-name-8" type="gender" value="male"/>
<interp inst="t19120130-name-8" type="surname" value="SMITH"/>
<interp inst="t19120130-name-8" type="given" value="LUMLEY"/>LUMLEY SMITH</persName> </hi>, K.C., Commissioner; His Honour Judge
<hi rend="smallCaps">RENTOUL</hi>, K.C., Commissioner; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-9" type="judiciaryName">
<interp inst="t19120130-name-9" type="gender" value="male"/>
<interp inst="t19120130-name-9" type="surname" value="HANSON"/>
<interp inst="t19120130-name-9" type="given" value="CHARLES AUGUSTIN"/>CHARLES AUGUSTIN HANSON</persName> </hi>, Esq., Alderman,</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-10" type="judiciaryName">
<interp inst="t19120130-name-10" type="gender" value="male"/>
<interp inst="t19120130-name-10" type="surname" value="BRIGGS"/>
<interp inst="t19120130-name-10" type="given" value="GEORGE"/>GEORGE BRIGGS</persName> </hi>, Esq.,</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-11" type="judiciaryName">
<interp inst="t19120130-name-11" type="gender" value="male"/>
<interp inst="t19120130-name-11" type="surname" value="LANGTON"/>
<interp inst="t19120130-name-11" type="given" value="JOSEPH DAVID"/>JOSEPH DAVID LANGTON</persName> </hi>, Esq.,</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-12" type="judiciaryName">
<interp inst="t19120130-name-12" type="gender" value="male"/>
<interp inst="t19120130-name-12" type="surname" value="SAWBRIDGE"/>
<interp inst="t19120130-name-12" type="given" value="CHAS WALTON"/>CHAS. WALTON SAWBRIDGE</persName> </hi>, Esq.,</p>
<p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<p>1912.</p>
<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi> </p>
<p>
<hi rend="largeCaps">CROSBY, MAYOR. FOURTH SESSION</hi>.</p>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Tuesday, January 30, 1912.)</p> </div1>
<p>
<persName id="t19120130-name-13">
<interp inst="t19120130-name-13" type="gender" value="male"/>
<interp inst="t19120130-name-13" type="age" value="26"/>
<interp inst="t19120130-name-13" type="surname" value="MOSKOVITCH"/>
<interp inst="t19120130-name-13" type="given" value="AARON"/>
<interp inst="t19120130-name-13" type="occupation" value="hawker"/>
<hi rend="largeCaps">MOSKOVITCH</hi>, Aaron (26, hawker)</persName>, who was convicted last Session (see page 408) of unlawfully making a false declaration under the Pawnbrokers Act, 1872, as an applicant, he knowing the same to be false in a material particular, was brought up for judgment.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-14" type="witnessName">
<interp inst="t19120130-name-14" type="gender" value="male"/>
<interp inst="t19120130-name-14" type="surname" value="DYER"/>
<interp inst="t19120130-name-14" type="given" value="SIDNEY REGINALD"/>
<interp inst="t19120130-name-14" type="occupation" value="medical officer"/>SIDNEY REGINALD DYER</persName> </hi>, medical officer of Brixton Prison, stated that, though weak-minded, prisoner showed no sign of insanity.</p>
<p>Sentence: Six months' imprisonment.</p>
<p>
<persName id="t19120130-name-15">
<interp inst="t19120130-name-15" type="gender" value="male"/>
<interp inst="t19120130-name-15" type="age" value="41"/>
<interp inst="t19120130-name-15" type="surname" value="JAMES"/>
<interp inst="t19120130-name-15" type="given" value="JOHN ROBERT"/>
<interp inst="t19120130-name-15" type="occupation" value="messenger"/>
<hi rend="largeCaps">JAMES</hi>, John Robert (41, messenger)</persName>, who pleaded guilty last Session (see page 308) of stealing a number of postal packets, the property of His Majesty's Postmaster-General, he being an officer of the Post Office, was brought up for judgment.</p>
<p>Dr.
<hi rend="smallCaps">DYER</hi> stated that prisoner was menially feeble, but there were no signs of insanity.</p>
<p>Sentence: Six months' imprisonment</p>
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<persName id="def1-3-19120130" type="defendantName">
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<interp inst="def1-3-19120130" type="age" value="33"/>
<interp inst="def1-3-19120130" type="surname" value="SALES"/>
<interp inst="def1-3-19120130" type="given" value="JOHN"/>
<interp inst="def1-3-19120130" type="occupation" value="printer's labourer"/>
<hi rend="largeCaps">SALES</hi>, John (33, printer's labourer)</persName>
<rs id="t19120130-3-offence-1" type="offenceDescription">
<interp inst="t19120130-3-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120130-3-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing one cardboard box and other articles, the goods of
<persName id="t19120130-name-17" type="victimName">
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<join result="offenceVictim" targOrder="Y" targets="t19120130-3-offence-1 t19120130-name-17"/>Charles H. Hinton and Company, Limited</persName>.</rs> </p>
<p>Mr. Tully-Christie prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-18" type="witnessName">
<interp inst="t19120130-name-18" type="gender" value="male"/>
<interp inst="t19120130-name-18" type="surname" value="SHEPHERD"/>
<interp inst="t19120130-name-18" type="given" value="WILLIAM DAVID"/>WILLIAM DAVID SHEPHERD</persName> </hi>, foreman packer to C. H. Hinton and Co., 2, Friar Street, underclothing manufacturers. At about 5 p.m. on January 4, just outside my firm's premises, I saw prisoner, in company with another man, carrying a box (produced) which I recognised as belonging to my firm. I followed them to Ludgate Hill, when they separated. Prisoner went on to Old Bailey and put the box down. I said to him, "Have you been to C. H. Hinton and Co.?" He seemed flabbergasted, and said, "No, no; no, no." I said, "Well, I am going to take you back." I took him by the collar and picked up the box; he said, "All right, governor, do not throttle me; I will come quiet." I took him back to Friday Street and gave him into custody. The box contained ladies' underwear. My firm has no retail business—it is all wholesale. Anybody could easily steal the box, as travellers and other people were continually coming in and out.</p>
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<p>Inspector
<hi rend="smallCaps">JAMES DUNNING</hi>, City. On January 4, at 6 p.m., I was called to prosecutor's premises, where I saw prisoner detained. I told him I, was a police-officer and that the prosecutor had just given him in charge for stealing box produced. He said, "I did not steal the box." He was taken to the police station, charged, and made no reply. Next day, on the way to the Mansion House Police Court, he said, "I may say I shall plead guilty to this charge and have it settled at the police court."</p>
<p>Prisoner's statement before the magistrate: I plead guilty to being in possession of this property, but not for stealing. I met a man last Thursday in Leather Lane that I knew. On one or two occasions he asked me how I was getting on. I told him I was in very bad circumstances and my wife had been turned out of house and home. I had a drink with him. He said, "Will you come for a walk with me, and perhaps I can get some goods for stock." I took a walk with him.</p>
<p>We went into two different places off Golden Lane. When we came to this place where the box was stolen I waited at the top of the court while he went to this firm. The next I saw of him was when he came down with this box. He said, "I have got some stock here, Jack. Get hold of it and we will make our way towards Smithfield, going through the Broadway." He said, "There is a pub along here, Jack; we will have a drink." I got towards the pub and I put the box down.</p>
<p>I stood there a tick or two and I thought he had gone into the pub to get a drink, and the attendant of this firm came up to me and said, "Is this your box?" I said, "No." "Well," he said, "I will take you back to the firm; it has been stolen." I said, "I have not stole it. I will come back to the firm with you." I went back to the firm with him.</p>
<p>Verdict,
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<interp inst="t19120130-3-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-3-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Prisoner confessed to having been convicted at the County of London Sessions on August 25, 1908, receiving six months' hard labour, for burglary. Several other convictions were proved. He was stated to be quite capable of earning a living as a printer's labourer.</p>
<p>Sentence:
<rs id="t19120130-3-punishment-1" type="punishmentDescription">
<interp inst="t19120130-3-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-3-punishment-1" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-3-19120130 t19120130-3-punishment-1"/>Twenty months' hard labour.</rs> </p> </div1>
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<p>
<persName id="def1-4-19120130" type="defendantName">
<interp inst="def1-4-19120130" type="gender" value="male"/>
<interp inst="def1-4-19120130" type="age" value="39"/>
<interp inst="def1-4-19120130" type="surname" value="CRAWLEY"/>
<interp inst="def1-4-19120130" type="given" value="HENRY"/>
<interp inst="def1-4-19120130" type="occupation" value="horse keeper"/>
<hi rend="largeCaps">CRAWLEY</hi>, Henry (39, horse keeper),</persName>
<rs id="t19120130-4-offence-1" type="offenceDescription">
<interp inst="t19120130-4-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120130-4-offence-1" type="offenceSubcategory" value="animalTheft"/> stealing one horse, the goods of
<persName id="t19120130-name-20" type="victimName">
<interp inst="t19120130-name-20" type="gender" value="male"/>
<interp inst="t19120130-name-20" type="surname" value="PARRATT"/>
<interp inst="t19120130-name-20" type="given" value="FREDERICK WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-4-offence-1 t19120130-name-20"/>Frederick William Parratt</persName>; </rs>
<rs id="t19120130-4-offence-2" type="offenceDescription">
<interp inst="t19120130-4-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19120130-4-offence-2" type="offenceSubcategory" value="fraud"/>fraudulently converting to his own use and benefit the sum of £2 12s. 10d. with which he had been entrusted on account of
<persName id="t19120130-name-21" type="victimName">
<interp inst="t19120130-name-21" type="gender" value="male"/>
<interp inst="t19120130-name-21" type="surname" value="PARRATT"/>
<interp inst="t19120130-name-21" type="given" value="FREDERICK WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-4-offence-2 t19120130-name-21"/>Frederick William Parratt</persName>.</rs> </p>
<p>Mr. Gerald H. Carter prosecuted.</p>
<p>The charge of fraudulent conversion was proceeded with.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-22" type="witnessName">
<interp inst="t19120130-name-22" type="gender" value="male"/>
<interp inst="t19120130-name-22" type="surname" value="PARRATT"/>
<interp inst="t19120130-name-22" type="given" value="FREDERICK WILLIAM"/>FREDERICK WILLIAM PARRATT</persName> </hi>, Ilbray, near Farnham, contractor. On December 18 I took ten horses down to the Elephant and Castle Horse Repository and sold nine of them. I then saw prisoner, whom 1 had known for some time, in the yard, and told him to take the remaining grey mare to the Barbican Horse Repository next morning and I would probably be there. He agreed and asked me for a shilling, which I gave him. The next morning I did not go to the Barbican; the next time I saw prisoner was on January 1. I never received any money. I did not give prisoner authority to sell the</p>
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<p>horse; his business was to take it to the Barbican and hand it over there.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-23" type="witnessName">
<interp inst="t19120130-name-23" type="gender" value="male"/>
<interp inst="t19120130-name-23" type="surname" value="LAMPELL"/>
<interp inst="t19120130-name-23" type="given" value="RICHARD"/>RICHARD LAMPELL</persName> </hi>, contractor. On December 18 I was at the Elephant and Castle Horse Repository, when I saw prosecutor tell prisoner to take a grey mare to the Barbican Horse Repository the next morning, saying he would be there. Prisoner asked for a shilling, which prosecutor gave him. On January 1 I saw prisoner again at the Elephant and Castle Horse Repository. He asked me where Parratt was and said, "Has he got the rug?" I said, "Yes." He said, "Has he got the postal orders?" I said, u No. Parratt was at the police court, you had better come and see him." We then went to the police court and then to the police station, where we found prosecutor; prisoner was detained and charged with converting this money to his own use.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-24" type="witnessName">
<interp inst="t19120130-name-24" type="gender" value="male"/>
<interp inst="t19120130-name-24" type="surname" value="STOLLERY"/>
<interp inst="t19120130-name-24" type="given" value="HERBERT GEORGE"/>HERBERT GEORGE STOLLERY</persName> </hi>, auctioneer, Barbican Horse Repository. On December 19 prisoner brought a grey mare to the Barbican Horse Repository and entered it for sale as the property of "Henry Crawley, 16, Winch Street, Walworth," to be sold to the best bidder at that day's sale without reserve.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-25" type="witnessName">
<interp inst="t19120130-name-25" type="gender" value="male"/>
<interp inst="t19120130-name-25" type="surname" value="SELL"/>
<interp inst="t19120130-name-25" type="given" value="WILLIAM ROLAND"/>WILLIAM ROLAND SELL</persName> </hi>, clerk to the last witness. On December 19, at about 11 a.m., prisoner told me be had sold the grey mare to a man named Osborne for £3. I booked the sale, and Osborne paid me the £3. I deducted 7s. 2d. for commission and stamps and paid the remaining £2 12s. 10d. to prisoner on the following Saturday, for which he signed receipt produced.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-26" type="witnessName">
<interp inst="t19120130-name-26" type="gender" value="male"/>
<interp inst="t19120130-name-26" type="surname" value="OSBORNE"/>
<interp inst="t19120130-name-26" type="given" value="WILLIAM"/>WILLIAM OSBORNE</persName> </hi>, 137, Merrick Road, Clapham Junction. On December 19 I bought a grey mare from prisoner for £3.</p>
<p>Detective-sergeant John Digby, City Police. On January 1 I saw prisoner in custody at Kennington Lane Police Station and told him I was a police-officer and that. Mr. Parratt had given him into custody for stealing a grey mare on December 18 last. He said, "How can that be stealing when I sold it as they told me to?" He then pro
<lb/>duced the invoice for the horse, and said, "That is what I sold it for." I conveyed him to Moor Lane Police Station. When charged he said he would like to volunteer a statement. He was then cautioned by the inspector on duty and made the following statement, which the inspector took down in my presence: On December 18, 1911, I was at the Horse Repository at the Elephant and Castle, when Mr. Parratt asked me if I was out of work, and I said, "Yes, I am doing nothing." He said, "Go with Dan"—a man well known at the Elephant and, Castle Repository—"to Waterloo Railway Station to fetch ten horses." Dan and I fetched the horses and took them into the above repository. The horses were ticketed and put up for auction; nine were sold, with one set of harness, and one grey mare was not sold. I afterwards saw Mr. Parratt; he then told me to take the grey mare the following morning to the Barbican to put her up for sale there. I took her to the Barbican and waited for Mr. Parratt to meet me as he had previously told me, but I did not see him; later I saw Mr. Osborne, a horse dealer and greengrocer. I said to him, "We were looking for you last night to buy that mare." I told him Mr. had not</p>
<xptr type="pageFacsimile" doc="191201300010"/>
<p>turned up. I asked him how much it was worth for him. Osborne had previously seen the same horse in the Elephant and Castle Re
<lb/>pository and he knew it belonged to Mr. Parratt. Osborne said, "I won't give you more than £3 for it." I said, "Will you give £3?" Osborne said, "Yes." I then took him in the office and he paid the money. I received the voucher the same day I took the horse to the Barbican. I took the horse away to Mr. Osborne's place at Battersea and he paid me 5s. On the following Thursday I drew the money. I sent £2 7s. 6d. to Parratt in postal orders, two for £1, one for 5s., and one for 2s. 6d., and the balance I kept for my own expenses; taking the horse there and cleaning it. I also sent to Parratt by rail the same day (Thursday) a rug and halter', which Parratt has received, but he has not received the letter and postal orders. This statement is made by me voluntarily.—Henry Crawley.</p>
<p>Verdict,
<rs id="t19120130-4-verdict-1" type="verdictDescription">
<interp inst="t19120130-4-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-4-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Convictions proved: Southwark Police Court, sixteen weeks' hard labour for robbing a fellow-prisoner after being arrested for drunken
<lb/>ness; 1902, bound over at the County of London Sessions for assault. Prisoner was stated to be an associate of horse thieves.</p>
<p>Sentence:
<rs id="t19120130-4-punishment-2" type="punishmentDescription">
<interp inst="t19120130-4-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-4-punishment-2" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-19120130 t19120130-4-punishment-2"/>Nine months' hard labour.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-5">
<interp inst="t19120130-5" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-5" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-5-charge-1" targOrder="Y" targets="def1-5-19120130 t19120130-5-offence-1 t19120130-5-verdict-1"/>
<p>
<persName id="def1-5-19120130" type="defendantName">
<interp inst="def1-5-19120130" type="gender" value="male"/>
<interp inst="def1-5-19120130" type="age" value="30"/>
<interp inst="def1-5-19120130" type="surname" value="HANCOCK"/>
<interp inst="def1-5-19120130" type="given" value="WILLIAM THOMAS"/>
<interp inst="def1-5-19120130" type="occupation" value="postman"/>
<hi rend="largeCaps">HANCOCK</hi>, William Thomas (30, postman)</persName>,
<rs id="t19120130-5-verdict-1" type="verdictDescription">
<interp inst="t19120130-5-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120130-5-offence-1" type="offenceDescription">
<interp inst="t19120130-5-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120130-5-offence-1" type="offenceSubcategory" value="mail"/>of steal
<lb/>ing a postal packet containing a postal order for 10s., the property of
<persName id="t19120130-name-28" type="victimName">
<interp inst="t19120130-name-28" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-5-offence-1 t19120130-name-28"/>His Majesty's Postmaster General</persName>, he being an officer of the Post Office.</rs> </p>
<p>Prisoner was stated to have been employed by the Post Office for eight years as an auxiliary postman at a wage of 12s. 9d. a week; he also earned about 10s. a week as a furniture porter. He probably stole for his wife, who had been in very delicate health for some time and has since died.</p>
<p>Sentence:
<rs id="t19120130-5-punishment-3" type="punishmentDescription">
<interp inst="t19120130-5-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-5-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-5-19120130 t19120130-5-punishment-3"/>Three months' imprisonment, second division.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-6">
<interp inst="t19120130-6" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-6" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-6-charge-1" targOrder="Y" targets="def1-6-19120130 t19120130-6-offence-1 t19120130-6-verdict-1"/>
<p>
<persName id="def1-6-19120130" type="defendantName">
<interp inst="def1-6-19120130" type="gender" value="male"/>
<interp inst="def1-6-19120130" type="age" value="21"/>
<interp inst="def1-6-19120130" type="surname" value="CHAPMAN"/>
<interp inst="def1-6-19120130" type="given" value="CHARLES JOHN"/>
<interp inst="def1-6-19120130" type="occupation" value="postman"/>
<hi rend="largeCaps">CHAPMAN</hi>, Charles John (21, postman)</persName>,
<rs id="t19120130-6-verdict-1" type="verdictDescription">
<interp inst="t19120130-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-6-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120130-6-offence-1" type="offenceDescription">
<interp inst="t19120130-6-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120130-6-offence-1" type="offenceSubcategory" value="mail"/>of steal
<lb/>ing a postal packet containing two postal orders for 20s. each, the property of
<persName id="t19120130-name-30" type="victimName">
<interp inst="t19120130-name-30" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-6-offence-1 t19120130-name-30"/>His Majesty's Postmaster-General</persName>, he being an officer of the Post Office.</rs> </p>
<p>Prisoner, who was an unmarried man earning 23s. a week as a post
<lb/>man, was stated to have admitted having stolen 470 letters.</p>
<p>Sentence:
<rs id="t19120130-6-punishment-4" type="punishmentDescription">
<interp inst="t19120130-6-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-6-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19120130 t19120130-6-punishment-4"/>Ten months' hard labour.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-7">
<interp inst="t19120130-7" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-7" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-7-charge-1" targOrder="Y" targets="def1-7-19120130 t19120130-7-offence-1 t19120130-7-verdict-1"/>
<p>
<persName id="def1-7-19120130" type="defendantName">
<interp inst="def1-7-19120130" type="gender" value="male"/>
<interp inst="def1-7-19120130" type="age" value="26"/>
<interp inst="def1-7-19120130" type="surname" value="RICHARDS"/>
<interp inst="def1-7-19120130" type="given" value="STEPHEN"/>
<interp inst="def1-7-19120130" type="occupation" value="postman"/>
<hi rend="largeCaps">RICHARDS</hi>, Stephen (26, postman)</persName>,
<rs id="t19120130-7-verdict-1" type="verdictDescription">
<interp inst="t19120130-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-7-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120130-7-offence-1" type="offenceDescription">
<interp inst="t19120130-7-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120130-7-offence-1" type="offenceSubcategory" value="mail"/>of stealing a postal packet containing one purse, 5s. and two halfpenny stamps, and a postal packet containing 15s., a pair of sleeve links and three penny postage stamps, in each case the property of
<persName id="t19120130-name-32" type="victimName">
<interp inst="t19120130-name-32" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-7-offence-1 t19120130-name-32"/>His Majesty's Postmaster General</persName>, he being an officer of the Post Office.</rs> </p>
<p>Prisoner, who had been in the service of the Post Office since 1899, was earning £1 11s. a week as a postman.</p>
<p>Sentence:
<rs id="t19120130-7-punishment-5" type="punishmentDescription">
<interp inst="t19120130-7-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-7-punishment-5" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-19120130 t19120130-7-punishment-5"/>Nine months' hard labour.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-8">
<interp inst="t19120130-8" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-8" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-8-charge-1" targOrder="Y" targets="def1-8-19120130 t19120130-8-offence-1 t19120130-8-verdict-1"/>
<join result="criminalCharge" id="t19120130-8-charge-2" targOrder="Y" targets="def1-8-19120130 t19120130-8-offence-2 t19120130-8-verdict-1"/>
<p>
<persName id="def1-8-19120130" type="defendantName">
<interp inst="def1-8-19120130" type="gender" value="male"/>
<interp inst="def1-8-19120130" type="age" value="33"/>
<interp inst="def1-8-19120130" type="surname" value="STEVENS"/>
<interp inst="def1-8-19120130" type="given" value="GEORGE"/>
<interp inst="def1-8-19120130" type="occupation" value="traveller"/>
<hi rend="largeCaps">STEVENS</hi>, George (33, traveller)</persName>,
<rs id="t19120130-8-verdict-1" type="verdictDescription">
<interp inst="t19120130-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-8-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> pleaded guilty</rs>
<rs id="t19120130-8-offence-1" type="offenceDescription">
<interp inst="t19120130-8-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120130-8-offence-1" type="offenceSubcategory" value="simpleLarceny"/>of stealing a dressing bag containing a quantity of jewellery and other articles, the goods of
<persName id="t19120130-name-34" type="victimName">
<interp inst="t19120130-name-34" type="gender" value="female"/>
<interp inst="t19120130-name-34" type="surname" value="MCMILLAN"/>
<interp inst="t19120130-name-34" type="given" value="CATHERINE"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-8-offence-1 t19120130-name-34"/>Catherine McMillan</persName>;</rs> also
<rs id="t19120130-8-offence-2" type="offenceDescription">
<interp inst="t19120130-8-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19120130-8-offence-2" type="offenceSubcategory" value="simpleLarceny"/>stealing a bag containing jewellery and other articles, the goods of
<persName id="t19120130-name-35" type="victimName">
<interp inst="t19120130-name-35" type="gender" value="female"/>
<interp inst="t19120130-name-35" type="surname" value="CHADWICK"/>
<interp inst="t19120130-name-35" type="given" value="na"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-8-offence-2 t19120130-name-35"/>Miss Chad wick</persName>.</rs> </p>
<xptr type="pageFacsimile" doc="191201300011"/>
<p>Prisoner was proved, by comparison of finger prints, to have been sentenced in 1905, in Heidelberg, South Africa, to 10 years' hard labour for house breaking and theft after three previous convictions; he was released after five years' detention owing to ill health. He now admitted that he was so convicted.</p>
<p>Sentence:
<rs id="t19120130-8-punishment-6" type="punishmentDescription">
<interp inst="t19120130-8-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-8-punishment-6" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19120130 t19120130-8-punishment-6"/>Three years' penal servitude.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-9">
<interp inst="t19120130-9" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-9" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-9-charge-1" targOrder="Y" targets="def1-9-19120130 t19120130-9-offence-1 t19120130-9-verdict-1"/>
<join result="criminalCharge" id="t19120130-9-charge-2" targOrder="Y" targets="def1-9-19120130 t19120130-9-offence-2 t19120130-9-verdict-1"/>
<p>
<persName id="def1-9-19120130" type="defendantName">
<interp inst="def1-9-19120130" type="gender" value="male"/>
<interp inst="def1-9-19120130" type="age" value="18"/>
<interp inst="def1-9-19120130" type="surname" value="FLACK"/>
<interp inst="def1-9-19120130" type="given" value="GEORGE"/>
<interp inst="def1-9-19120130" type="occupation" value="labourer"/>
<hi rend="largeCaps">FLACK</hi>, George (18, labourer)</persName>,
<rs id="t19120130-9-verdict-1" type="verdictDescription">
<interp inst="t19120130-9-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-9-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120130-9-offence-1" type="offenceDescription">
<interp inst="t19120130-9-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120130-9-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>of stealing £2 9s., the moneys of
<persName id="t19120130-name-37" type="victimName">
<interp inst="t19120130-name-37" type="gender" value="male"/>
<interp inst="t19120130-name-37" type="surname" value="PIPER"/>
<interp inst="t19120130-name-37" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-9-offence-1 t19120130-name-37"/>Joseph Piper</persName>, his master;</rs>
<rs id="t19120130-9-offence-2" type="offenceDescription">
<interp inst="t19120130-9-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19120130-9-offence-2" type="offenceSubcategory" value="fraud"/>having been entrusted with the said sum of £2 9s., unlawfully did fraudulently convert the same to his own use and benefit.</rs> </p>
<p>Prisoner was bound over at the Thames Police Court in January, 1911, under a probation officer, to be of good behaviour for 12 months for stealing oats. His parents were very poor, and he had not been properly fed in his youth.</p>
<p>Sentence:
<rs id="t19120130-9-punishment-7" type="punishmentDescription">
<interp inst="t19120130-9-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-9-punishment-7" type="punishmentSubcategory" value="otherInstitution"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-19120130 t19120130-9-punishment-7"/>Three years' detention in a Borstal prison.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE LUMLEY SMITH</hi>.</p>
<p>(Tuesday, January 30.)</p> </div1>
<div1 type="trialAccount" id="t19120130-10">
<interp inst="t19120130-10" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-10" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-10-charge-1" targOrder="Y" targets="def1-10-19120130 t19120130-10-offence-1 t19120130-10-verdict-1"/>
<join result="criminalCharge" id="t19120130-10-charge-2" targOrder="Y" targets="def2-10-19120130 t19120130-10-offence-1 t19120130-10-verdict-1"/>
<join result="criminalCharge" id="t19120130-10-charge-3" targOrder="Y" targets="def1-10-19120130 t19120130-10-offence-2 t19120130-10-verdict-"/>
<p>
<persName id="def1-10-19120130" type="defendantName">
<interp inst="def1-10-19120130" type="gender" value="male"/>
<interp inst="def1-10-19120130" type="age" value="21"/>
<interp inst="def1-10-19120130" type="surname" value="KIRBY"/>
<interp inst="def1-10-19120130" type="given" value="GEORGE"/>
<interp inst="def1-10-19120130" type="occupation" value="shoemaker"/>
<hi rend="largeCaps">KIRBY</hi>, George (21, shoemaker)</persName>, and
<persName id="def2-10-19120130" type="defendantName">
<interp inst="def2-10-19120130" type="gender" value="male"/>
<interp inst="def2-10-19120130" type="age" value="19"/>
<interp inst="def2-10-19120130" type="surname" value="ROCKALL"/>
<interp inst="def2-10-19120130" type="given" value="WILLIAM"/>
<interp inst="def2-10-19120130" type="occupation" value="painter"/>
<hi rend="largeCaps">ROCKALL</hi>, William (19, painter)</persName>
<rs id="t19120130-10-offence-1" type="offenceDescription">
<interp inst="t19120130-10-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19120130-10-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully possessing counterfeit coin with intent to utter the same;</rs> Kirby,
<rs id="t19120130-10-offence-2" type="offenceDescription">
<interp inst="t19120130-10-offence-2" type="offenceCategory" value="royalOffences"/>
<interp inst="t19120130-10-offence-2" type="offenceSubcategory" value="coiningOffences"/>feloniously possessing a mould upon which was impressed the obverse and reverse sides of a shilling.</rs> </p>
<p>
<rs id="t19120130-10-verdict-1" type="verdictDescription">
<interp inst="t19120130-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-10-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>Prisoner pleaded guilty of possessing the counterfeit coin.</rs> </p>
<p>Mr. Whiteley, for the prosecution, stated that he did not proceed with the other indictment against Kirby.</p>
<p>A conviction in 1909 was proved against Kirby for stealing; since his release he had endeavoured to obtain employment, but without success. A conviction in December last year, when he was bound over, was proved against Rockall; since then, although helped, he had had no regular employment.</p>
<p>Sentences: Kirby,
<rs id="t19120130-10-punishment-8" type="punishmentDescription">
<interp inst="t19120130-10-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-10-punishment-8" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-10-19120130 t19120130-10-punishment-8"/>Ten months' hard labour</rs>; Rockall,
<rs id="t19120130-10-punishment-9" type="punishmentDescription">
<interp inst="t19120130-10-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-10-punishment-9" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-10-19120130 t19120130-10-punishment-9"/> Nine months' hard labour.</rs> (Judge Lumley Smith stated that he had taken into account in sentencing Rockall that he had been previously bound over.)</p> </div1>
<div1 type="trialAccount" id="t19120130-11">
<interp inst="t19120130-11" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-11" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-11-charge-1" targOrder="Y" targets="def1-11-19120130 t19120130-11-offence-1 t19120130-11-verdict-1"/>
<p>
<persName id="def1-11-19120130" type="defendantName">
<interp inst="def1-11-19120130" type="gender" value="male"/>
<interp inst="def1-11-19120130" type="age" value="18"/>
<interp inst="def1-11-19120130" type="surname" value="KAPLAN"/>
<interp inst="def1-11-19120130" type="given" value="ABRAHAM"/>
<interp inst="def1-11-19120130" type="occupation" value="cabinetmaker"/>
<hi rend="largeCaps">KAPLAN</hi>, Abraham (18, cabinetmaker)</persName>
<rs id="t19120130-11-offence-1" type="offenceDescription">
<interp inst="t19120130-11-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19120130-11-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering a counterfeit florin to
<persName id="t19120130-name-41" type="victimName">
<interp inst="t19120130-name-41" type="gender" value="female"/>
<interp inst="t19120130-name-41" type="surname" value="LAWRENCE"/>
<interp inst="t19120130-name-41" type="given" value="FRANCES"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-11-offence-1 t19120130-name-41"/>Frances Lawrence</persName> knowing the same to be coun
<lb/>terfeit, and on the same day uttering another counterfeit florin to
<persName id="t19120130-name-42" type="victimName">
<interp inst="t19120130-name-42" type="gender" value="male"/>
<interp inst="t19120130-name-42" type="surname" value="LAWRENCE"/>
<interp inst="t19120130-name-42" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-11-offence-1 t19120130-name-42"/>Joseph Lawrence</persName> knowing the same to be counterfeit.</rs> </p>
<p>Mr. Whiteley prosecuted; Mr. Eustace Fulton defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-43" type="witnessName">
<interp inst="t19120130-name-43" type="gender" value="female"/>
<interp inst="t19120130-name-43" type="surname" value="LAWHENCE"/>
<interp inst="t19120130-name-43" type="given" value="ROSE"/>ROSE LAWHENCE</persName> </hi>, dressmaker. My mother keeps a tobacconist's shop at 94, Lillie Road, Fulham. Between 9.30 and 9.45 p.m. on December 30 I was in the parlour at the back of the shop when I noticed through the window prisoner come in. He asked for a packet of cigarettes, which mother gave him. He tendered a florin, and she said to him, "This is bad," but she tried it and as it had a ring she passed it. She put it on the side of the till. Prisoner went out.</p>
<xptr type="pageFacsimile" doc="191201300012"/>
<p>Mother then showed me this florin (Exhibit 2). About 11.45 p.m. on a Saturday evening a fortnight after I saw him in the shop again. I said to my brother in his presence, "That is the man who came in a fortnight ago." Prisoner made no reply. I went for a constable.</p>
<p>Cross-examined. From the parlour I cannot help seeing people who come into the shop. On the first occasion he was in the shop about three minutes and I was looking at him all the time. I noticed what a smart fellow he looked. When I saw prisoner the second time I had heard there was some question about a florin.</p>
<p>Re-examined. My attention had been drawn to him by his smart looks, and I remembered him afterwards by the fact that mother had called my attention to him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-44" type="witnessName">
<interp inst="t19120130-name-44" type="gender" value="female"/>
<interp inst="t19120130-name-44" type="surname" value="LAWRENCE"/>
<interp inst="t19120130-name-44" type="given" value="FRANCES"/>FRANCES LAWRENCE</persName> </hi>, sister of last witness. I am 13 1/2 years old. At about 9.30 p.m. on January 13 prisoner came in and asked for a packet of "Player's Weights." I gave them to him and he gave me this florin (Exhibit 3) and I gave him 1s. 11d. change. I had rather a doubt about it, but I did not say anything. I put it on the till where there was no other florin. I went to bed at 10 p.m. I saw my sister about 2 a.m. I identified prisoner on January 23.</p>
<p>Cross-examined. I recognise the florin by the date. I did not say anything about it before I went to bed because I forgot. When my sister woke me up we discussed prisoner's appearance. She asked me whether I had taken the other bad florin found in the till and I said I had.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-45" type="witnessName">
<interp inst="t19120130-name-45" type="gender" value="male"/>
<interp inst="t19120130-name-45" type="surname" value="LAWRENCE"/>
<interp inst="t19120130-name-45" type="given" value="JOSEPH"/>JOSEPH LAWRENCE</persName> </hi>, 94, Lillie Road. My mother is ill. Just before 12 p.m. on January 13 prisoner came in and asked for a packet of "Player's Weights." I gave them to him and he gave me this florin (Exhibit 1). 1 found it was 'bad and sent my sister Rose for a con
<lb/>stable. He said he did not know it was bad. My sister said, "That's the man who came in a fortnight ago." When the constable came I handed him the florin (Exhibit 1), the florin (Exhibit 2) which my mother gave me a fortnight previous, and the florin (Exhibit 3) which I had found that day in the till; there were no other florins in the till then.</p>
<p>Cross-examined. All the coins bear different dates and I suppose they come from different moulds. Exhibit 1 is a good imitation and if I had not tested it I should have passed it.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-46" type="witnessName">
<interp inst="t19120130-name-46" type="gender" value="male"/>
<interp inst="t19120130-name-46" type="surname" value="SMITH"/>
<interp inst="t19120130-name-46" type="given" value="SIDNEY WILLIAM"/>SIDNEY WILLIAM SMITH</persName> </hi>, Assistant Assayer, H.M. Mint. Exhibits 1, 2, and 3 are counterfeit florins bearing dates 1907, 1909, and 1910.</p>
<p>Police-sergeant
<hi rend="smallCaps">ISAAC PENNY</hi>, 39 B. At 12 p.m. on January 13 I was called to 94, Lillie Road, where I saw prisoner in custody of prose
<lb/>cutor. Prosecutor said, "I want to give this man into custody for passing bad money," and he handed me Exhibit 1, saying that prisoner had given ft to him for a packet of cigarettes. He handed me also Exhibit 2, saying that prisoner had tendered it fourteen days ago, and Exhibit 3, which he said had been tendered that evening. Prisoner said nothing. On searching him I found 8s. 6d. in silver and 3d. in bronze (good money), a packet of cigarettes, a pawnticket, and a latchkey. On the way to the station he said, "This is the first time I have been this way." When charged he made no reply.</p>
<xptr type="pageFacsimile" doc="191201300013"/>
<p>Cross-examined. He was very cool.</p>
<p>Police-sergeant
<hi rend="smallCaps">GEORGE GARNER</hi>, B Division. Prisoner was brought before the magistrate on January 15 and was remanded. He was further charged on January 23. He made no reply. Frances Law
<lb/>rence was not asked to identify him until the 23rd, because we were not in possession of all the facts until then.</p>
<p>Cross-examined. I knew on the evening of January 15 that she could identify prisoner, but she had no opportunity of doing so until the 23rd because he was in Brixton, and no good purpose would be served because he was coming up to the court on the 23rd.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-47" type="witnessName">
<interp inst="t19120130-name-47" type="gender" value="male"/>
<interp inst="t19120130-name-47" type="surname" value="KAPLAN"/>
<interp inst="t19120130-name-47" type="given" value="ABRAHAM"/>ABRAHAM KAPLAN</persName> </hi> (prisoner, on oath), cabinet maker, Hackney Road. I have never been charged with any sort of offence before. I work for my father. At 9 p.m., on January 13, I went to keep an appointment with a girl friend, who lives in Fulham, outside Walham Green Station. I did not see her. I went into the tobacconist's shop to buy some cigarettes. I did not know the florin I tendered was a bad one. I had never been in the shop before. I had got the florin in change for half-a-crown on the tramcar I had taken on my way to Walham Green.</p>
<p>Cross-examined. My father gives me 3e. 6d. a week spending money. Joseph Lawrence showed the florin I had given him to his mother in the shop and she said it was a bad one; she was serving as well. On December 13 I was walking up and down Shoreditch with a friend named Shurman from 7 till 9.15 p.m.; we then went into the "Queen's Head" in Bethnal Green and played bagatelle till about 11.30. I did not say anything about this at the police court. I was in the train going to Aldgate at 9 p.m., on January 13. The reason why I was at Fulham at 11.45 was because I thought I might see her. When I started out that evening I had 11s. 1d. on me which I had got for a job I did repairing a washstand for A. M. Hatto, of Waterloo Road.
<hi rend="smallCaps">JAMES SHEDDEN</hi>, french polisher, 47, Mansfield Street. I have known prisoner some years and he has always been a hard-working, good lad. On December 30 (I know the date because it was a fortnight before he was arrested) I saw him in company with Shurman close on 12 o'clock at the corner of Virginia Road, Brick Lane. I spoke to them. I went with prisoner as far as his home.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-48" type="witnessName">
<interp inst="t19120130-name-48" type="gender" value="male"/>
<interp inst="t19120130-name-48" type="surname" value="SHURMAN"/>
<interp inst="t19120130-name-48" type="given" value="HARRY"/>HARRY SHURMAN</persName> </hi>, tailor, Taplow Buildings, Mount Street, Bethnal Green. On Saturdays and Sundays I always go out with prisoner. On the evening of December 30 I met him at the corner of Brick Lane and we walked up Shoreditch to look for girls. Not seeing any we went to the theatre, but it was full up. We then went to the "Queen's Head" and played bagatelle till about 11.30 p.m. On coming out Shedden met us at the corner of Virginia Road and I left them. I have not seen prisoner since he has been in custody.</p>
<p>Cross-examined. The day after he had been arrested I heard that he had been arrested for passing a bad florin that evening. I did not go to the police court because I thought they would soon let him out; I</p>
<xptr type="pageFacsimile" doc="191201300014"/>
<p>did not believe it was so serious. When he did not come out I told his mother he had been with me that evening. I did not go to the police court on the following Tuesday week because I was not asked and I did not think it would be necessary. I first made a statement last Friday.</p>
<p>Verdict,
<rs id="t19120130-11-verdict-1" type="verdictDescription">
<interp inst="t19120130-11-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19120130-11-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">MR. JUSTICE RIDLEY</hi>.</p>
<p>(Wednesday, January 31.)</p> </div1>
<div1 type="trialAccount" id="t19120130-12">
<interp inst="t19120130-12" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-12" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-12-charge-1" targOrder="Y" targets="def1-12-19120130 t19120130-12-offence-1 t19120130-12-verdict-1"/>
<join result="criminalCharge" id="t19120130-12-charge-2" targOrder="Y" targets="def1-12-19120130 t19120130-12-offence-2 t19120130-12-verdict-2"/>
<p>
<persName id="def1-12-19120130" type="defendantName">
<interp inst="def1-12-19120130" type="gender" value="male"/>
<interp inst="def1-12-19120130" type="age" value="28"/>
<interp inst="def1-12-19120130" type="surname" value="HUMPHREYS"/>
<interp inst="def1-12-19120130" type="given" value="WILLIAM CASTLE"/>
<interp inst="def1-12-19120130" type="occupation" value="cab cleaner"/>
<hi rend="largeCaps">HUMPHREYS</hi>, William Castle (28, cab cleaner)</persName>, was indicted
<rs id="t19120130-12-offence-1" type="offenceDescription">
<interp inst="t19120130-12-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19120130-12-offence-1" type="offenceSubcategory" value="murder"/> for, and charged on the coroner's inquisition with, the wilful murder of
<persName id="t19120130-name-50" type="victimName">
<interp inst="t19120130-name-50" type="gender" value="male"/>
<interp inst="t19120130-name-50" type="surname" value="HUMPHREYS"/>
<interp inst="t19120130-name-50" type="given" value="GEORGE EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-12-offence-1 t19120130-name-50"/>George Edward Humphreys</persName>.</rs> </p>
<p>Mr. Bodkin, Mr. Travers Humphreys, and Mr. Roome prosecuted; Mr. Inskip and Mr. Bankes defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-51" type="witnessName">
<interp inst="t19120130-name-51" type="gender" value="male"/>
<interp inst="t19120130-name-51" type="surname" value="WATSON"/>
<interp inst="t19120130-name-51" type="given" value="JAMES WILLIAM FRANK"/>JAMES WILLIAM FRANK WATSON</persName> </hi>, motor driver, 18 Merrow Street, Walworth (ground floor). Prisoner lives with his family on the second floor; I have only seen him passing along the passage. In January he was in employment on the Tube Railway. About 8.30 p.m. on January 11 I heard a smashing noise from upstairs, and afterwards a cry for help. I went up to his flat, which I found in darkness. Three or four women were standing outside; I did not see Mrs. Humphreys. I struck a light and saw prisoner standing on a chair just inside the door, which was open, doing something to the gas
<lb/>meter. I asked him why he did not let the missus fetch the baby out; I could hear the baby crying. I did not see his missus or the children then. He got off the chair and said, "If the missus wants it she must come and fetch it herself." I remember now that Mrs. Humphreys had asked me to go and get the baby out. When I first went up there I made an attempt to get the baby out, and he stopped me and made the statement that I have said. Mrs. Humphreys seemed frightened to come into the room, but at the finish she walked over to the peram
<lb/>bulator and took the child out. There was no light in the room then, but there was light from the passage. She screamed, "He has murdered the baby." I took the baby from her and bathed its face, which was smothered in blood, in another room. Prisoner was stand
<lb/>ing still when she took the baby from the pram, and I left him there. About 8.50 p.m. the baby was taken to the hospital. I went out on business and returned at about 11.15. A telegram came which when prisoner saw he said, "I am expecting that." He went upstairs and got his hat and coat on. When he came down I asked him if I should go to the hospital with him and he agreed. We took a tram, and on the way I asked him how the accident had happened to the baby. He said, "It was no accident; I knifed it. The other two can think them
<lb/>selves lucky the knife broke." He seemed very strange; he spoke as if nothing had occurred. We reached the hospital as the operation was on. When returning home with him I asked him how he came to break the gas bracket. He said he had picked up a chair and with</p>
<xptr type="pageFacsimile" doc="191201300015"/>
<p>one stroke had broken it down and that he had also tried to break the window with the chair, but that was too strong. I asked him if the gas was really safe, and he said he had cut a cork and made a mixture with some butter, milk, and sugar and plastered the place up to prevent the gas from escaping. On going into the room I found that this was what had 'been done. (Here prisoner interrupted stating that when on the chair he had turned the gas off at the meter and that he had stopped the gas up when he came from the operation.) I spoke to the policeman about the other children.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-52" type="witnessName">
<interp inst="t19120130-name-52" type="gender" value="female"/>
<interp inst="t19120130-name-52" type="surname" value="DALY"/>
<interp inst="t19120130-name-52" type="given" value="MARGARET"/>MARGARET DALY</persName> </hi>, 96, Merrow Street. About 8.45 p.m. on January 11 prisoner called me and I saw him in his room. The only light was a candle on the table. He was wiping his hands with a-towel. He said, "Is the baby all right, missus?" I said, "I don't know if it's all right. It has a terrible gash on its face. We are now taking it to the doctor." I asked him if he had gone mad, and he said, "I will gash her if she comes up before I go out." He appeared very calm; his manner was at if he had done nothing. I went with Mrs. Humphreys and the baby to the hospital. On returning I went with Mr. Ellis to see prisoner. I told him the baby was in the hos
<lb/>pital in a critical condition, and he said, "Is she waiting for it?" meaning his wife. I said, "Yes'; that they would not allow it out as it was so ill And that she was waiting to see what happened to it. I asked him if he would go to the hospital. He said at first he would not go and then said, "Is she going to stay all night?" I said, "She may do, and she may come home with you if you go." He said, "If she's going to stay all night she can get on with the business. I'll go to bed." Ellis at first asked what was the matter, and he said there had been some disturbance, that things had been going wrong for a long lime, and he would put them right and he would put them right in his own way. He mentioned the fact that the other children had been lucky; I think he meant that they had been lucky to escape injury, but I did not know that he meant with a knife. I then went to the hospital and subsequently prisoner came in.</p>
<p>Cross-examined. It was fifteen minutes after I first saw him that 1 speak as to his condition being calm. In reply to Mr. Ellis the actual words that he used were, "There has been a little upset."</p>
<p>Police-sergeant
<hi rend="smallCaps">WALTER PEARMAN</hi>. About 12.15 p.m. on January 12 I, with another officer, went to prisoner's flat. He was there with two children. I said, "What was this disturbance about up here last night?" He said, "I done it in a fit of temper. I hope it will get over it. It has gone to the hospital." Handing me this broken table
<lb/>knife, he said, "The other piece has stuck in its mouth. I am glad the knife broke, or I should have done more damage." I said I should arrest him and take him to the station pending inquiries. He said, "Very well; you know what to do." He then came quietly with me to the station. This piece of metal (produced) corresponds exactly with the stump of the blade.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-53" type="witnessName">
<interp inst="t19120130-name-53" type="gender" value="indeterminate"/>
<interp inst="t19120130-name-53" type="surname" value="ANDERSON"/>
<interp inst="t19120130-name-53" type="given" value="CHARLESS VERNON"/>CHARLESS VERNON ANDERSON</persName> </hi>, House surgeon, St. Thomas's Hospital. On the night of January 11, deceased, a child few months was in brought in suffering from a wound on the upper lip. in which there</p>
<xptr type="pageFacsimile" doc="191201300016"/>
<p>was still this piece of metal (produced), which was protruding through the palate, not through the wound in the upper lip; the wound in the palate was caused by its entrance. I saw it extracted. I do not think the two wounds were caused at one and the same time. The piece of metal, in my view, entered 2 1/2 to 2 3/4 inches. There had been considerable bleeding from the lip wound and not so much from the palate, as it was plugged by the metal. Having regard to the character of the palate of a child of that age excessive force would not be required, although the knife was wedged in tightly. At about 10.30 p.m. it was extracted. The child was suffering from considerable shock, but progressed satisfactorily till the following Thursday, the 18th, when it developed symptoms of meningitis, which got worse. On the 19th I performed an operation; I passed a needle into the spine so as to with
<lb/>draw some of the fluid produced there by the inflammation of the cover
<lb/>ings of the brain; the fluid extracted showed that the child was suffering from meningitis. The operation was a necessary one. It died on the following day. I assisted in the post-mortem. The body was that of a healthy child, and the cause of death was meningitis. The wound in the palate, in its course, must be presumed to have pierced the cavity at the back of the nose, as it could not be found entering the cranial cavity itself; the knife must have curved forward, it being somewhat pliable. I cannot tell at what point the meningitis commenced. The division between the skull and the nose is a very thin bone with very small openings, but this had not been pierced. There are a considerable number of causes of meningitis; it is caused by organisms and their mode of entrance may be unknown; on the other hand, it may be through the nose or the ear. In this case it might be due to an exten
<lb/>sion of inflammation from the nasal cavity, or it might be due to an infection, in which case we could not determine the mode of entrance. We found no obvious inflammation in the nasal cavity; there must have been a place where the knife entered, but we could not find any trace of it; it was 10 days after the knife had entered that we examined it. One might not be able to see inflammation, yet there might be such if one were to use a microscope; this was not done. Such a wound as this was would be likely to cause inflammation, which might have disappeared by January 22, the date of the post-mortem, from visual examination. It is unlikely, however, that it could have been present in such a form as to be communicated to the lining of the brain and yet disappear from visual examination. I say it is possible, under the circumstances, that the meningitis originated from that wound, but I cannot say definitely one way or the other; it is a thing you would look out for, but it would not follow in every case. The meningitis could not have been present on January 11 or 12. No other cause for it could be discovered than this wound. I do not think that the extraction of the metal would set it up; the length of time for the symptoms to display themselves would be 20 to 24 hours from the first moment of the inflammation of the brain lining.</p>
<p>Cross-examined. Meningitis is quite a common form of death in children; it may arise from natural causes. If arising from a wound one expects to be able to trace the connection between that and the</p>
<xptr type="pageFacsimile" doc="191201300017"/>
<p>disease, and in this case I found no local inflammation at all, or injury to the membrane of the brain. There are various forms of meningitis, some being associated with pneumonia. The same organism which causes pneumonia was present in this case. If this meningitis had been due to the wound, one would expect local sepsis, and one would also expect meningitis to supervene sooner than it did.</p>
<p>Re-examined. The wound was not septic, but the knife may have actuated the organisms which are present in the respiratory organs of a normal person and so cause inflammation which might communicate itself to the train membrane. There was no pneumonia in this child's body, and that may be disregarded. The organisms I found in the fluid may be present in an inactive condition in the respiratory organs of a healthy person.</p>
<p>Detective-inspector
<hi rend="smallCaps">THOMAS DUGGAN</hi>, L Division. At 8.30 a.m. on January 12 I saw the deceased in the hospital. I saw prisoner a little later and told him he would be charged with the attempted murder of the child and cautioned him. He said, "All right. I have got to stay in prison and go for trial; I suppose I don't go out at all. I did not know it would be so serious a charge after it had got over the opera
<lb/>tion; that is between me and you. I thought I was detained to see how the child was getting on." When charged, he said, "Yes." The same evening I went with other officers to his flat where I saw some broken crockery on the floor, a bent gas bracket, and some child's clothing stained with blood. When charged with wilful murder he made no reply.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-54" type="witnessName">
<interp inst="t19120130-name-54" type="gender" value="female"/>
<interp inst="t19120130-name-54" type="surname" value="HUMPHREYS"/>
<interp inst="t19120130-name-54" type="given" value="EDITH EMILY"/>EDITH EMILY HUMPHREYS</persName> </hi>. I have been married to prisoner five years. Since July last he has been employed as carriage cleaner on the Underground Railway, but before then he was fourteen months out of employment. Before that he was a french polisher. About a year ago he was very queer with his head; he was very strange, not bodily ill; he did not seem as though He could help what he said or did. Last May he went to the doctor four times; since then he has not been at all. On January 11 he got home at about 10.45 a.m. and started taking the paper chain from the wall to give to the children to play with. I asked him to mind them while I went out and got the dinner, and on my return found he had gone to bed and was asleep. At about 8.20 p.m. he came down and started having his supper, when he jumped up, threw a chair at me, and knocked the gas
<lb/>bracket down, leaving the room in darkness. I made for the door, but found him standing there. He said, "You don't get over me this time." He caught hold of me and then let go. I got outside and saw the neighbours. I asked for the little children to be got out, and they were got out. I asked Watson to get the baby out, and he did so. The other children were in the room when all this happened.</p>
<p>Cross-examined. In April, 1910, he left Reed and Gregory's, where he had been about thirteen years. I have known him altogether seven years. He has been strange some time; he used to wake up with his</p>
<xptr type="pageFacsimile" doc="191201300018"/>
<p>head bad and say he used to suffer with it. One day he said he would cut my head off because he thought I had been talking about him, but he was all right directly after. I had not said anything about him. He appeared quite rational, only angry. We were always happy together and he loved his children—the youngest most of all. He appeared strange and vacant in his manner this last two years and has frequently said he was mad and did not know it, when he has found himself in the wrong. He has said if people only knew what pains he had in his head they would pity him. Ever since May, 1910, I have been constantly on the alert lest he might do me some injury; he had threatened me once or twice. Nothing in his behaviour on this day made me think there was anything wrong with him. I did not see the knife which was on the table in his hand.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-55" type="witnessName">
<interp inst="t19120130-name-55" type="gender" value="male"/>
<interp inst="t19120130-name-55" type="surname" value="REGINALD"/>
<interp inst="t19120130-name-55" type="given" value="SIDNEY"/>SIDNEY REGINALD</persName> </hi> Dyer, Medical Officer, Brixton Prison. As the result of my observation of prisoner I have come to the conclusion that he is now and has been for some time insane; his mental condition has cleared up a little under treatment, but he has hallucinations and delusions. I consider him to be very dangerous to both himself and to others; he is very muddled and confused. I think it is probable he will not get better; the attacks, which are periodical, may appear at any moment. If his impulsive insanity is due to lead poisoning I think his condition will improve.</p>
<p>Cross-examined. My own opinion is that it is probably due to heredity, but it has been very difficult to get any history of him.</p>
<p>The jury, on being asked by Mr. Justice Ridley to state their view, said they were of opinion that prisoner was insane at the time he com
<lb/>mitted the act.</p>
<p>Mr. Justice Ridley stated that it was now for the jury to find whether the wound inflicted was the cause of the meningitis which had led to the death of the deceased.</p>
<p>The following further evidence on this point was called for the defence.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-56" type="witnessName">
<interp inst="t19120130-name-56" type="gender" value="male"/>
<interp inst="t19120130-name-56" type="surname" value="HYSLOP"/>
<interp inst="t19120130-name-56" type="given" value="THEOPHILUS"/>THEOPHILUS B. HYSLOP</persName> </hi>, M.D. I have seen prisoner and agree with Dr. Dyer's conclusion as to his state of mind. It seems to me very likely that it is due to lead poisoning arising from the nature of employment. I did not see deceased, but from the evidence I have heard to
<lb/>day I think it is remotely possible, yet extremely improbable, that there may have been some connection between the meningitis and the wound for the following reasons: Firstly, had there been any local injury to the base of the skull the inflammation would have been pro
<lb/>pagated to the membranes at the site of the injury; and secondly, the local meningitis would have appeared almost immediately after the in
<lb/>jury, neither which had happened. Had there been a poisoned instru
<lb/>ment used undoubtedly meningitis would have supervened. There was no definite inflammation at the possible site of any infection. Meningitis occurs in children from causes which are not capable of being discovered.</p>
<p>Cross-examined. With a healthy child having a wound in this posi
<lb/>tion one of the things you would look out for would be local meningitis at the base of the brain; you would not get meningitis in the wound itself.</p>
<xptr type="pageFacsimile" doc="191201300019"/>
<p>The fact that there was no sign of inflammation in the wound is con
<lb/>sistent with it having existed and disappeared at the time of the post-mortem; but it would not have, while existing, communicated itself to the linings of the brain without the child crying out, of which there is no evidence. I think if there had been any local inflammation it would not have cleared up as quickly as it did. It is quite possible that although this was a healthy child meningitis was set up from some natural causes within a week of this injury.</p>
<p>Re-examined. I agree with Dr. Anderson that it is possible the meningitis was the result of the wound, but I am not able to go further than that. Meningitis can either be local or general inflam
<lb/>mation, and if due to a wound it is local. (There being a dispute as to whether Dr. Anderson had said there was a local inflammation or not he was recalled.)</p>
<p>
<hi rend="smallCaps">C. V. ANDERSON</hi> (recalled). Further examined. In this case there was general meningitis; I should not imagine that this arose from local meningitis, because there was no sign of the brain mem
<lb/>brane being affected primarily. I do not know that the fact that there was no local inflammation assists me to deal with the question whether the wound was the originating cause of the meningitis.</p>
<p>Verdict,
<rs id="t19120130-12-verdict-1" type="verdictDescription">
<interp inst="t19120130-12-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19120130-12-verdict-1" type="verdictSubcategory" value=""/>Not Guilty</rs>.</p>
<p>
<rs id="t19120130-12-offence-2" type="offenceDescription">
<interp inst="t19120130-12-offence-2" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19120130-12-offence-2" type="offenceSubcategory" value="wounding"/>Mr. Bodkin stated that there was another indictment charging prisoner with wounding with intent to murder and wounding with intent to do grievous bodily harm.</rs> </p>
<p>Mr. Inskip stated that prisoner would plead guilty to unlawfully wounding.</p>
<p>The jury were sworn to try prisoner on the indictment indicated by Mr. Bodkin.</p>
<p>Mr. Justice Ridley stated that he would not like, under the cir
<lb/>cumstances, to take a verdict of guilty of unlawful wounding, where
<lb/>upon Mr. Inskip, after consulting with prisoner, stated that prisoner would plead guilty of wounding with intent to do grievous bodily harm.</p>
<p>Mr. Bodkin suggested that Dr. Dyer should be recalled to state again his opinion of prisoner's state of mind, so that the jury could find that he was insane at the time that he committed the act.</p>
<p>Dr.
<hi rend="smallCaps">DYER</hi> was accordingly recalled, and repeated his statement that in his opinion that at the time prisoner committed the offence he was insane and did not know the nature and quality of his act.</p>
<p>
<rs id="t19120130-12-verdict-2" type="verdictDescription">
<interp inst="t19120130-12-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-12-verdict-2" type="verdictSubcategory" value="lesserOffence"/>In accordance with Mr. Justice Ridley's direction, the jury re
<lb/>turned a verdict of Guilty of wounding with intent to do grievous bodily harm, but at the time he committed the act he was insane, so that he was not responsible for what he did.</rs> </p>
<p>The prisoner (who protested that he had given his counsel the charge, and that he wanted the jury to say whether he was guilty or not) was
<rs id="t19120130-12-punishment-10" type="punishmentDescription">
<interp inst="t19120130-12-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-12-punishment-10" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-12-19120130 t19120130-12-punishment-10"/>ordered to be detained until His Majesty's pleasure be known.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-13">
<interp inst="t19120130-13" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-13" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-13-charge-1" targOrder="Y" targets="def1-13-19120130 t19120130-13-offence-1 t19120130-13-verdict-1"/>
<join result="criminalCharge" id="t19120130-13-charge-2" targOrder="Y" targets="def1-13-19120130 t19120130-13-offence-2 t19120130-13-verdict-"/>
<p>
<persName id="def1-13-19120130" type="defendantName">
<interp inst="def1-13-19120130" type="gender" value="male"/>
<interp inst="def1-13-19120130" type="age" value="26"/>
<interp inst="def1-13-19120130" type="surname" value="GONZEWSKI"/>
<interp inst="def1-13-19120130" type="given" value="VINCENT"/>
<interp inst="def1-13-19120130" type="occupation" value="stickmaker"/>
<hi rend="largeCaps">GONZEWSKI</hi>, Vincent (26, stickmaker)</persName>
<rs id="t19120130-13-offence-1" type="offenceDescription">
<interp inst="t19120130-13-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19120130-13-offence-1" type="offenceSubcategory" value="wounding"/>. Feloniously shooting at
<persName id="t19120130-name-58" type="victimName">
<interp inst="t19120130-name-58" type="gender" value="female"/>
<interp inst="t19120130-name-58" type="surname" value="GONZEWSKI"/>
<interp inst="t19120130-name-58" type="given" value="VICTORIA"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-13-offence-1 t19120130-name-58"/>Victoria Gonzewski</persName>, with intent to murder her.</rs>
<rs id="t19120130-13-offence-2" type="offenceDescription">
<interp inst="t19120130-13-offence-2" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19120130-13-offence-2" type="offenceSubcategory" value="wounding"/>Feloniously shooting at
<persName id="t19120130-name-59" type="victimName">
<interp inst="t19120130-name-59" type="gender" value="male"/>
<interp inst="t19120130-name-59" type="surname" value="CHESNOVSKI"/>
<interp inst="t19120130-name-59" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-13-offence-2 t19120130-name-59"/>John Chesnovski</persName>, with intent to murder him.</rs> </p>
<xptr type="pageFacsimile" doc="191201300020"/>
<p>Mr. Muir, Mr. Travers Humphreys, and Mr. Briggs prosecuted; Mr. Tully
<lb/>Christie defended.</p>
<p>The indictment relating to Victoria Gonzewski was first proceeded with.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-60" type="witnessName">
<interp inst="t19120130-name-60" type="gender" value="male"/>
<interp inst="t19120130-name-60" type="surname" value="CHESNOVSKI"/>
<interp inst="t19120130-name-60" type="given" value="JOHN"/>JOHN CHESNOVSKI</persName> </hi>, 3, Pelham Street. I have known prisoner five years. I at one time lived at 52, Buross Street. When prisoner lived at No. 29 his wife used to go to his house to scrub the floor. They subsequently left and went to 157, Cannon Street Road where I went and took a separate room. I remember an occasion when he came in and found me and his wife in the room and there was a quarrel. He left his wife after that and did not come back any more. I then lived with her as man and wife, first going to Christian Street and then to my present address, where I have been four months and two weeks. Shortly after I went there I met prisoner in Commercial Road and asked him if he wanted his wife and he said he would not have her. I did not see him again until January 15. At 1.15 p.m. on that day his wife and I went home. I sat between the table and the bed and she sat with her back to the door. After we had been here five minutes prisoner opened the door and started shooting. I tried to shut the door but could not do so properly. He shot six times and I was hit on the hand and the forehead. He tried to reload, but I do not know whether he succeeded or not. I got away the revolver from him and hit him on the head with it. Just before the police arrived he bit my thumb. His wife was lying on the floor, prisoner having shot at her three times.</p>
<p>Cross-examined. I had had no quarrel with prisoner. I did not see whether he fired first at me or his wife. He knew I was living with his wife. I was by the door when he started shooting. I could not get the door shut quite, and he shot through the small opening; he shot and broke the glasses in the door also. I was hit three times.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-61" type="witnessName">
<interp inst="t19120130-name-61" type="gender" value="male"/>
<interp inst="t19120130-name-61" type="surname" value="LAPINSKI"/>
<interp inst="t19120130-name-61" type="given" value="JOHN"/>JOHN LAPINSKI</persName> </hi>, skin dresser, 67, Christian Street. I have known prisoner and his wife about seven years; they come from the same part of Russian Poland as I do. Three weeks ago last Sunday I was in a beershop in the Commercial Road when he came in. He said, "What have you got to do with my wife?" I said, "I cannot help her. You can do what you like." He said, "I will shoot at my wife and the man what is living with my wife."</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-62" type="witnessName">
<interp inst="t19120130-name-62" type="gender" value="male"/>
<interp inst="t19120130-name-62" type="surname" value="GOODMAN"/>
<interp inst="t19120130-name-62" type="given" value="PERCY"/>PERCY GOODMAN</persName> </hi>, registered medical practitioner. At about 1.30 p.m. I was called to 22, Newman's Buildings, Pelham Street, where I found a woman lying on the floor. I found two bullet wounds on the back of the chest on the right and left of the spine, extending round the ribs (they had not penetrated the cavity of the chest), one on the left side of the chest extending backwards around the ribs, one in the abdomen on the left side below the ribs, and one which had gone through the left arm without touching the bone. I dressed them temporarily and she was taken to the hospital. I did not examine Chesnovski. The woman's wounds were serious, but not likely to cause death. I picked up these three bullets and portions of a fourth (produced), and gave them to the sergeant.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-63" type="witnessName">
<interp inst="t19120130-name-63" type="gender" value="indeterminate"/>
<interp inst="t19120130-name-63" type="surname" value="BARKER"/>
<interp inst="t19120130-name-63" type="given" value="ALBUBY"/>ALBUBY BARKER</persName> </hi>, chief surgeon, London Hospital. Victoria Gonzewski, on January 15, was brought to the hospital suffering</p>
<xptr type="pageFacsimile" doc="191201300021"/>
<p>from five bullet wounds. We extracted this bullet (produced) from the left side of the chest. She had two wounds in the left upper arm, apparently caused by a bullet passing through, a wound on the left side of the chest, which may possibly have been caused by the same bullet that went through the arm, and a bullet had gone through the right side close to the spine and come out at the left side of the chest; this led about 14 hours afterwards to paralysis of both legs. I do not' think she will recover the use of them. She will not be able to leave the hospital for certainly under a month, and it is possible that com
<lb/>plications may ensue which will prevent her leaving at all; she is in a very serious condition.</p>
<p>Cross-examined. It is possible that only two shots may have struck her. (To the Court.) My description of the wounds differs somewhat from that of Dr. Goodman, who made only a hasty examination. Three wounds might have been caused by the same bullet.</p>
<p>Divisional-surgeon
<hi rend="smallCaps">PERCY JOHN CLARKE</hi>, Commercial Street Police Station. At 1.45 p.m. on January 15 I was called to Newman's Buildings, where I saw Chesnovski. At the station I found that the nail of his right thumb was torn almost completely off; he had a con
<lb/>tused wound just below the right elbow, which might have been caused by a bullet, a clean cut in the palm of his left hand, which extended down to the bone, probably caused by some sharp instrument, a con
<lb/>tused wound on the right side of the forehead, another on the left side of the head, and other minor scratches and abrasions. The cut in the palm was the most serious. Prisoner was suffering from two contused wounds on the top and on the right side of the head, which might have been caused by a blow from the handle of this revolver. He smelt strongly of alcohol.</p>
<p>Police-constable
<hi rend="smallCaps">THOMAS GILLAN</hi>, 257 H: At 115 p.m. on January 15, I was called to Newman's Buildings. On arriving there I heard a shot fired from the upper parts of the building. I went Up the staircase, where I saw prisoner, who pointed a revolver at me. I stepped back and gave my whistle to a private person to call for assistance. Police-constable 127 arrived, and we went up on to the landing. He put his helmet on his truncheon and put it round the corner to draw the fire. As there was no firing we went along the landing and we saw Chesnovski and prisoner standing against the wall. Chesnovski handed the revolver to Police-constable 127, who asked him who had done this, and Chesnovski pointed to prisoner. We arrested them both and took them to the station. I saw a woman lying down in one of the rooms, and she was attended to by one of the con
<lb/>stables.</p>
<p>Police-constable
<hi rend="smallCaps">ERNEST POOL</hi>, 127 H corroborated, and added: "I called out in Yiddish "when going" up the stairs, 'What's the matter?' and I received an answer in a foreign tongue which I did not understand."</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-64" type="witnessName">
<interp inst="t19120130-name-64" type="gender" value="female"/>
<interp inst="t19120130-name-64" type="surname" value="GOTTHELF"/>
<interp inst="t19120130-name-64" type="given" value="ROSIE"/>ROSIE GOTTHELF</persName> </hi>, 23, Newman's Buildings. I occupy the room next to Chesnovski's. I knew the woman who lived in that room as "Victoria "; they had lived there four months. About 1.20 p.m. on January 11. I was in my room when I heard shooting and a woman</p>
<xptr type="pageFacsimile" doc="191201300022"/>
<p>scream. I opened the door and looked out. I saw prisoner in the passage bashing at the door with a revolver he held in his hand. Then he shot through the glass of the door six times. I shut my door, ran to the window and screamed "Police!"I went into the passage with my child and saw prisoner again. I said, "Please let me get down with the child; it is very frightened." He said, "You may go down. You tell nothing." I said I would not and he let me go down. He was alone.</p>
<p>Cross-examined. The door of Chesnovski's room was a little open; prisoner held his legs in the door. I could see through it.</p>
<p>Divisional Detective Inspector
<hi rend="smallCaps">FREDERICK WENSLEY</hi>, H Division. At 1.40 p.m. on January 15 I went to 22, Newman's Buildings. Victoria Gonzewski was being brought down. She was taken to the hospital. Both the glass panels of the door were broken, and in one there were apparently two bullet holes. The top rail of the bed
<lb/>stead inside was broken, apparently by a bullet. At the station this revolver was handed to me; it contained five spent and one live cartridge. Prisoner was charged with attempted murder through an interpreter, and he said in English, "Yes, I know."</p>
<p>Police-constable
<hi rend="smallCaps">AMBROSE RAYNKR</hi>, 130 H. On searching prisoner I found these seventeen live cartridges in the left pocket of his macintosh and 13 in the right pocket (produced) which fit the revolver produced. On the landing of outside No. 22, Newman's Building, I found one live and two empty cartridges and a rod used for un
<lb/>loading a revolver (produced). Inside the room I found some piece, of cartridges. From marks on the door, the wall and the rail at the foot of the bed I could see the shots had been fired from outside the door into the room.</p>
<p>Verdict,
<rs id="t19120130-13-verdict-1" type="verdictDescription">
<interp inst="t19120130-13-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-13-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty of wounding with intent to murder.</rs> </p>
<p>Mr. Muir stated that he did not propose to proceed with the indict
<lb/>ment as regards Chesnovski.</p>
<p>Sentence:
<rs id="t19120130-13-punishment-11" type="punishmentDescription">
<interp inst="t19120130-13-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-13-punishment-11" type="punishmentSubcategory" value="otherInstitution"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-13-19120130 t19120130-13-punishment-11"/>Three years' detention in a Borstal institution.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-14">
<interp inst="t19120130-14" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-14" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-14-charge-1" targOrder="Y" targets="def1-14-19120130 t19120130-14-offence-1 t19120130-14-verdict-1"/>
<p>
<persName id="def1-14-19120130" type="defendantName">
<interp inst="def1-14-19120130" type="gender" value="female"/>
<interp inst="def1-14-19120130" type="age" value="18"/>
<interp inst="def1-14-19120130" type="surname" value="NOWLAND"/>
<interp inst="def1-14-19120130" type="given" value="DAISY"/>
<interp inst="def1-14-19120130" type="occupation" value="servant"/>
<hi rend="largeCaps">NOWLAND</hi>, Daisy (18, servant)</persName>,
<rs id="t19120130-14-verdict-1" type="verdictDescription">
<interp inst="t19120130-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-14-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120130-14-offence-1" type="offenceDescription">
<interp inst="t19120130-14-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19120130-14-offence-1" type="offenceSubcategory" value="wounding"/>of feloniously throwing upon
<persName id="t19120130-name-66" type="victimName">
<interp inst="t19120130-name-66" type="gender" value="female"/>
<interp inst="t19120130-name-66" type="surname" value="STEVENSON"/>
<interp inst="t19120130-name-66" type="given" value="KATE"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-14-offence-1 t19120130-name-66"/>Kate Stevenson</persName> a certain corrosive fluid called vitriol, with intent to do her grevious bodily harm.</rs> </p>
<p>The prosecutrix's eyes had not been affected, but she would be permanently disfigured. Prisoner had stated she committed the offence because prosecutrix had been "telling tales about her.' She had been bound over, when 16 years of age, for stealing.</p>
<p>Sentence:
<rs id="t19120130-14-punishment-12" type="punishmentDescription">
<interp inst="t19120130-14-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-14-punishment-12" type="punishmentSubcategory" value="otherInstitution"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-19120130 t19120130-14-punishment-12"/>Three years' imprisonment in a Borstal institution.</rs> </p>
<p>
<hi rend="largeCaps">BEFORE THE RECORDER</hi>.</p>
<p>(Wednesday, January 31.)</p> </div1>
<div1 type="trialAccount" id="t19120130-15">
<interp inst="t19120130-15" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-15" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-15-charge-1" targOrder="Y" targets="def1-15-19120130 t19120130-15-offence-1 t19120130-15-verdict-1"/>
<join result="criminalCharge" id="t19120130-15-charge-2" targOrder="Y" targets="def2-15-19120130 t19120130-15-offence-1 t19120130-15-verdict-1"/>
<join result="criminalCharge" id="t19120130-15-charge-3" targOrder="Y" targets="def1-15-19120130 t19120130-15-offence-2 t19120130-15-verdict-1"/>
<join result="criminalCharge" id="t19120130-15-charge-4" targOrder="Y" targets="def2-15-19120130 t19120130-15-offence-2 t19120130-15-verdict-1"/>
<p>
<persName id="def1-15-19120130" type="defendantName">
<interp inst="def1-15-19120130" type="gender" value="female"/>
<interp inst="def1-15-19120130" type="age" value="53"/>
<interp inst="def1-15-19120130" type="surname" value="RACKLEY"/>
<interp inst="def1-15-19120130" type="given" value="ELIZABETH"/>
<interp inst="def1-15-19120130" type="occupation" value="charwoman"/>
<hi rend="largeCaps">RACKLEY</hi>, Elizabeth (53, charwoman)</persName>, and
<persName id="def2-15-19120130" type="defendantName">
<interp inst="def2-15-19120130" type="gender" value="female"/>
<interp inst="def2-15-19120130" type="age" value="23"/>
<interp inst="def2-15-19120130" type="surname" value="WATSON"/>
<interp inst="def2-15-19120130" type="given" value="ADA LOUISA"/>
<hi rend="largeCaps">WATSON</hi>, Ada Louisa (23)</persName>,
<rs id="t19120130-15-verdict-1" type="verdictDescription">
<interp inst="t19120130-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-15-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120130-15-offence-1" type="offenceDescription">
<interp inst="t19120130-15-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120130-15-offence-1" type="offenceSubcategory" value="simpleLarceny"/>of stealing one post letter containing an order for the payment of £ 3, the property of
<persName id="t19120130-name-69" type="victimName">
<interp inst="t19120130-name-69" type="gender" value="female"/>
<interp inst="t19120130-name-69" type="surname" value="SCHULTZ"/>
<interp inst="t19120130-name-69" type="given" value="ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-15-offence-1 t19120130-name-69"/>Ann Schultz</persName>.</rs>
<rs id="t19120130-15-offence-2" type="offenceDescription">
<interp inst="t19120130-15-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19120130-15-offence-2" type="offenceSubcategory" value="forgery"/>Both forging the endorsement on the said order with intent to defraud.</rs> </p>
<xptr type="pageFacsimile" doc="191201300023"/>
<p>It was stated that prosecutrix was a lodger in the same house as Watson: she moved away, and Watson and Rackley, her aunt, stole a letter containing money sent to prosecutrix by her son and spent the money on drink.</p>
<p>
<rs id="t19120130-15-punishment-13" type="punishmentDescription">
<interp inst="t19120130-15-punishment-13" type="punishmentCategory" value="noPunish"/>
<interp inst="t19120130-15-punishment-13" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-15-19120130 t19120130-15-punishment-13"/>Sentence was postponed till next Sessions</rs>.</p> </div1>
<div1 type="trialAccount" id="t19120130-16">
<interp inst="t19120130-16" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-16" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-16-charge-1" targOrder="Y" targets="def1-16-19120130 t19120130-16-offence-1 t19120130-16-verdict-1"/>
<join result="criminalCharge" id="t19120130-16-charge-2" targOrder="Y" targets="def1-16-19120130 t19120130-16-offence-2 t19120130-16-verdict-1"/>
<p>
<persName id="def1-16-19120130" type="defendantName">
<interp inst="def1-16-19120130" type="gender" value="male"/>
<interp inst="def1-16-19120130" type="age" value="22"/>
<interp inst="def1-16-19120130" type="surname" value="GUINEY"/>
<interp inst="def1-16-19120130" type="given" value="ERIC OCTAVIUS"/>
<interp inst="def1-16-19120130" type="occupation" value="farmer"/>
<hi rend="largeCaps">GUINEY</hi>, Eric Octavius (22, farmer)</persName>,
<rs id="t19120130-16-verdict-1" type="verdictDescription">
<interp inst="t19120130-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-16-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120130-16-offence-1" type="offenceDescription">
<interp inst="t19120130-16-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120130-16-offence-1" type="offenceSubcategory" value="housebreaking"/>of breaking and entering the dwelling house of
<persName id="t19120130-name-71" type="victimName">
<interp inst="t19120130-name-71" type="gender" value="male"/>
<interp inst="t19120130-name-71" type="surname" value="COLWILL"/>
<interp inst="t19120130-name-71" type="given" value="JOHN MALLY"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-16-offence-1 t19120130-name-71"/>John Mally Colwill</persName> and stealing therein one pair of earrings and certain jewellery and money, his goods and moneys;</rs>
<rs id="t19120130-16-offence-2" type="offenceDescription">
<interp inst="t19120130-16-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19120130-16-offence-2" type="offenceSubcategory" value="burglary"/>burglary in the dwelling house of
<persName id="t19120130-name-72" type="victimName">
<interp inst="t19120130-name-72" type="gender" value="male"/>
<interp inst="t19120130-name-72" type="surname" value="FANSER"/>
<interp inst="t19120130-name-72" type="given" value="EDWARD ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-16-offence-2 t19120130-name-72"/>Edward Robert Fanser</persName>, with intent to steal therein.</rs> </p>
<p>It was stated that prisoner, who was staying at the Waverley Hotel, Southampton Row, on Christmas Eve stole the master key, entered other people's rooms and stole their property. Prisoner, who on December 7 arrived here from South Africa, obtained moneys by means of worthless cheques and bills.</p>
<p>Sentence:
<rs id="t19120130-16-punishment-14" type="punishmentDescription">
<interp inst="t19120130-16-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-16-punishment-14" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-16-19120130 t19120130-16-punishment-14"/>Twelve months' hard labour.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-17">
<interp inst="t19120130-17" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-17" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-17-charge-1" targOrder="Y" targets="def1-17-19120130 t19120130-17-offence-1 t19120130-17-verdict-1"/>
<p>
<persName id="def1-17-19120130" type="defendantName">
<interp inst="def1-17-19120130" type="gender" value="male"/>
<interp inst="def1-17-19120130" type="age" value="33"/>
<interp inst="def1-17-19120130" type="surname" value="SMITH"/>
<interp inst="def1-17-19120130" type="given" value="JOHN"/>
<interp inst="def1-17-19120130" type="occupation" value="dealer"/>
<hi rend="largeCaps">SMITH</hi>, John (33, dealer)</persName>,
<rs id="t19120130-17-verdict-1" type="verdictDescription">
<interp inst="t19120130-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-17-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120130-17-offence-1" type="offenceDescription">
<interp inst="t19120130-17-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120130-17-offence-1" type="offenceSubcategory" value="pocketpicking"/>of stealing a watch chain, the goods of
<persName id="t19120130-name-74" type="victimName">
<interp inst="t19120130-name-74" type="gender" value="male"/>
<interp inst="t19120130-name-74" type="surname" value="HOLDER"/>
<interp inst="t19120130-name-74" type="given" value="JOHN EDWIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-17-offence-1 t19120130-name-74"/>John Edwin Holder</persName>, from his person.</rs> </p>
<p>Prisoner confessed to having been convicted at Clerkenwell Sessions on February 5, 1907, receiving three years' penal servitude and 3 1/2 years' police supervision for unlawful possession of house-breaking implements by night in the name of
<persName id="t19120130-name-75">
<interp inst="t19120130-name-75" type="gender" value="male"/>
<interp inst="t19120130-name-75" type="surname" value="WILKINS"/>
<interp inst="t19120130-name-75" type="given" value="ALFRED"/>Alfred Wilkins</persName>. Other convictions proved: May 24, 1910, 12 months' hard labour and license revoked, for assault, at the County of London Sessions; released on license on December 5, 1911, hi* license expiring on January 24, 1912; March 23, 1896, at Worship Street Police Court, bound over for attempted stealing; June 1, 1896, at the same court, six weeks for attempted stealing; November 30, 1896, North London Police Court, six months' hard labour, stealing a watch; North London Sessions, July 6, 1897, 18 months' hard labour, stealing a watch; and on February 15, 1899, 21 months, attempted stealing; at this Court, February 20, 1901, 18 months, attempted burglary; North London Sessions, February 3, 1903, 21 months, attempted stealing; December 20, 1904, two years' hard labour, stealing a bicycle. Prisoner was stated to be a member of a very dangerous gang of thieves.</p>
<p>Sentence:
<rs id="t19120130-17-punishment-15" type="punishmentDescription">
<interp inst="t19120130-17-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-17-punishment-15" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-19120130 t19120130-17-punishment-15"/>Three years' penal servitude.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-18">
<interp inst="t19120130-18" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-18" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-18-charge-1" targOrder="Y" targets="def1-18-19120130 t19120130-18-offence-1 t19120130-18-verdict-1"/>
<p>
<persName id="def1-18-19120130" type="defendantName">
<interp inst="def1-18-19120130" type="gender" value="male"/>
<interp inst="def1-18-19120130" type="age" value="37"/>
<interp inst="def1-18-19120130" type="surname" value="ROBINSON"/>
<interp inst="def1-18-19120130" type="given" value="SIDNEY"/>
<interp inst="def1-18-19120130" type="occupation" value="labourer"/>
<hi rend="largeCaps">ROBINSON</hi>, Sidney (37, labourer)</persName>,
<rs id="t19120130-18-verdict-1" type="verdictDescription">
<interp inst="t19120130-18-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-18-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120130-18-offence-1" type="offenceDescription">
<interp inst="t19120130-18-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19120130-18-offence-1" type="offenceSubcategory" value="fraud"/>of, having been entrusted by
<persName id="t19120130-name-77" type="victimName">
<interp inst="t19120130-name-77" type="gender" value="male"/>
<interp inst="t19120130-name-77" type="surname" value="PAYNE"/>
<interp inst="t19120130-name-77" type="given" value="EDWARD CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-18-offence-1 t19120130-name-77"/>Edward Charles Payne</persName> and others with certain of their moneys, to wit, the sum of £ 17 10s. 1d., unlawfully did fraudulently convert the same to his own use and benefit.</rs> </p>
<p>Prisoner, who was a man of very good character, was stated to have stolen the money of the Huston Carriage Cleaners' Mutual Aid Society, of which he was secretary, instead of distributing it among the members. When arrested prisoner's explanation was that he met a</p>
<xptr type="pageFacsimile" doc="191201300024"/>
<p>woman and went on the drink, and when he awoke the next morning all the money had gone. Prisoner was not addicted to drink. Sentence:
<rs id="t19120130-18-punishment-16" type="punishmentDescription">
<interp inst="t19120130-18-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-18-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-18-19120130 t19120130-18-punishment-16"/>Six months' imprisonment, second division.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-19">
<interp inst="t19120130-19" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-19" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-19-charge-1" targOrder="Y" targets="def1-19-19120130 t19120130-19-offence-1 t19120130-19-verdict-1"/>
<p>
<persName id="def1-19-19120130" type="defendantName">
<interp inst="def1-19-19120130" type="gender" value="male"/>
<interp inst="def1-19-19120130" type="age" value="25"/>
<interp inst="def1-19-19120130" type="surname" value="SULLIVAN"/>
<interp inst="def1-19-19120130" type="given" value="JOHN"/>
<interp inst="def1-19-19120130" type="occupation" value="porter"/>
<hi rend="largeCaps">SULLIVAN</hi>, John (25, porter)</persName>
<rs id="t19120130-19-offence-1" type="offenceDescription">
<interp inst="t19120130-19-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19120130-19-offence-1" type="offenceSubcategory" value="forgery"/>, forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £50 4s., with intent to defraud.</rs> </p>
<p>Mr. Muir prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-79" type="witnessName">
<interp inst="t19120130-name-79" type="gender" value="male"/>
<interp inst="t19120130-name-79" type="surname" value="WOOD"/>
<interp inst="t19120130-name-79" type="given" value="CHARLES"/>CHAELES WOOD</persName> </hi>, trading as B. Wood and Son, 64, Mark Lane, wine merchants. My firm banks at the Great Tower Street branch of the London Joint Stock Bank. On January 6 I drew cheque (produced) for £1 4s., payable to Paul Dainty and Co.; I crossed it, put it in an envelope, together with invoice, addressed it to 44, Lamb's Conduit Street, and gave it to Davis, my clerk, with instructions to post it. The crossing has now been erased, and the amount has been altered to £50 4s. I gave no one authority to alter the cheque. I do not know prisoner.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-80" type="witnessName">
<interp inst="t19120130-name-80" type="gender" value="male"/>
<interp inst="t19120130-name-80" type="surname" value="DAVIS"/>
<interp inst="t19120130-name-80" type="given" value="GEORGE"/>GEORGE DAVIS</persName> </hi>, clerk to B. Wood and Son. On January 6 the last witness handed me letter addressed to Messrs. Paul Dainty and Co., 44, Lamb's Conduit Street, which I posted at 10.55 p.m.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-81" type="witnessName">
<interp inst="t19120130-name-81" type="gender" value="male"/>
<interp inst="t19120130-name-81" type="surname" value="DAINTY"/>
<interp inst="t19120130-name-81" type="given" value="PAUL"/>PAUL DAINTY</persName> </hi>, of Paul Dainty and Co., 44, Lamb's Conduit Street, wine merchants. Some little time before January 6 I sent invoice for £1 4s. to B. Wood and Son. I have never received that invoice back again or any cheque in payment. Cheque produced is endorsed "Paul Dainty and Co." I neither endorsed that nor gave anybody authority to do so. At about 10 a.m. on Monday, January 8, I found the letter
<lb/>box broken open and letters missing.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-82" type="witnessName">
<interp inst="t19120130-name-82" type="gender" value="male"/>
<interp inst="t19120130-name-82" type="surname" value="SWIFT"/>
<interp inst="t19120130-name-82" type="given" value="GEORGE ERNEST JOHN"/>GEORGE ERNEST JOHN SWIFT</persName> </hi>, cashier, London Joint Stock Bank, Great Tower Street. On Tuesday, January 9, at about 12.45 midday, prisoner presented cheque produced. I asked him how he would have it. He replied, "In gold." I saw the crossing had been erased and communicated with my manager. Mr. Wood, whose office is close by, was sent for, and prisoner was arrested. Prisoner said he was out of work, a stranger came up to him in Lamb's Conduit Street, and asked him to cash the cheque in gold, and he would give him a piece of gold for himself.</p>
<p>Detective-sergeant
<hi rend="smallCaps">JAKES BROWN</hi>, City. At 2.20 p.m. on January 9 I saw prisoner at the Minories Police Station. I told him I was a police officer and that he would be charged with forging and uttering a cheque for £50 4s. on the London Joint Stock Bank, 94 and 95, Great Tower Street. He said, "I did not know it was forged; all the man said was 'Go to the Bank,' and I went, and he asked me to cash the cheque for him, and when I got there I was detained for it. The man who gave me the cheque said he would meet me between one and two to-day in Lamb's Conduit Street, and he said when I came back he would give, me a bit of gold. The man was a stranger to me, and I have never seen him before." I asked him if he was willing to write a statement out. He replied, "Yes," and voluntarily wrote out and signed state
<lb/>ment produced: "January 9, 1912. I, John Sullivan, residing at 13, Great St. Andrew's Street, Shaftesbury Avenue, W.C. make the following voluntary statement: At about 11 o'clock this morning, that</p>
<xptr type="pageFacsimile" doc="191201300025"/>
<p>is, January 9, 1912, I met a man in Lamb's Conduit Street, where I was standing. He came to me and said, 'Do you mind going to the bank and cashing a cheque for me, and I said, 'Yes.' He said, 'Very well then, here is the cheque then, hurry up then, and I will meet you here between one and two o'clock; and then he gave me 6d. for my fare there and back, and he told me he would give me a bit of gold when I came back. He told me where the bank was, and I went there, and when I got there I was kept there—John Sullivan, 13, Great St. Andrew's Street, Shaftesbury Avenue, W. C." He then wrote a de
<lb/>scription of the man: "A man between 50. and 60 years of age, 5 ft. 9 in. high, a short man, grey hair, fresh grey moustache. Dress: Dark cloth overcoat, which was buttoned up, dark trousers, brown boots, high silk hat and umbrella, horn handle. He had rather hump shoulders. He had a gentlemanly appearance. I have a slight doubt if I should know the man again if I saw him.—John Sullivan, 13, Great St. Andrew's Street, Shaftesbury Avenue. "I went to that address and found bottle (produced) labelled" hydrogen peroxide. "I experimented with the liquid in that bottle, and found that it removed ink writing. I also found paper, three safe keys, two master keys, a key marked "Invincible power-proof lock," two mortice keys, and a latchkey. I showed the keys to prisoner, and told him I had found them wrapped in tissue paper on the mantelpiece of his bedroom. He said he knew nothing about them. I showed him the bottle of acid, and told him I had found it in a cupboard on the floor of the room that he occupied. He said, "I do not know anything about them." He did not share his bedroom with anybody else.</p>
<p>Cross-examined. Prisoner did not say the bottle was an old bottle which was there before he came, or that he picked the keys up.</p>
<p>Prisoner's statement: "I did not know the cheque was a fraud."</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-83" type="witnessName">
<interp inst="t19120130-name-83" type="gender" value="female"/>
<interp inst="t19120130-name-83" type="surname" value="JAMES"/>
<interp inst="t19120130-name-83" type="given" value="ROSE"/>MRS. ROSE JAMES</persName> </hi>, 13, Great St. Andrew's Street. My husband works at a furniture dealer's. Prisoner lodged at my house for about three months. I was present when a detective searched prisoner's room and found bottle (produced) in a cupboard. That bottle was there when I took the house three months ago.</p>
<p>Cross-examined. I have known prisoner three or four years; he was a friend of my husband. I have been in court the whole of the time this case has been going on. When I came to the house there were a few old bottles there and I put them in the cupboard to get them out of the way. I could not swear that that was one of the bottles there.</p>
<p>Verdict,
<rs id="t19120130-19-verdict-1" type="verdictDescription">
<interp inst="t19120130-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-19-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Convictions proved: January 18, 1910, Bow Street Police Court, bound over under the Probation of Offenders Act for stealing money with which he was entrusted; June 20, 1910, Bow Street Police Court, again bound over for giving the probation officer a lot of trouble; February 21, 1908, he was again bound over at Marlborough Street as a suspected person. Prisoner was stated to have been seen several times in company with a man who answered to the description given by prisoner.</p>
<xptr type="pageFacsimile" doc="191201300028"/>
<p>Mr. Muir. I do not suppose your Lordship wants any evidence in support of the fact that this kind of fraud and larceny has become very prominent?</p>
<p>The Recorder: I have found it so from my experience in this Court.</p>
<p>Mr. Muir. No doubt these people act in gangs; there is the person who steals the cheque; the person who puts it down; and the person who forges it.</p>
<p>Sentence:
<rs id="t19120130-19-punishment-17" type="punishmentDescription">
<interp inst="t19120130-19-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-19-punishment-17" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-19-19120130 t19120130-19-punishment-17"/>Eighteen months' hard labour.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE LUMLEY SMITH</hi>.</p>
<p>(Wednesday, January 31.)</p> </div1>
<div1 type="trialAccount" id="t19120130-20">
<interp inst="t19120130-20" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-20" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-20-charge-1" targOrder="Y" targets="def1-20-19120130 t19120130-20-offence-1 t19120130-20-verdict-1"/>
<join result="criminalCharge" id="t19120130-20-charge-2" targOrder="Y" targets="def1-20-19120130 t19120130-20-offence-2 t19120130-20-verdict-1"/>
<join result="criminalCharge" id="t19120130-20-charge-3" targOrder="Y" targets="def1-20-19120130 t19120130-20-offence-3 t19120130-20-verdict-2"/>
<p>
<persName id="def1-20-19120130" type="defendantName">
<interp inst="def1-20-19120130" type="gender" value="male"/>
<interp inst="def1-20-19120130" type="age" value="44"/>
<interp inst="def1-20-19120130" type="surname" value="FRYER"/>
<interp inst="def1-20-19120130" type="given" value="CYRIL FREDERICK WILLIAM"/>
<interp inst="def1-20-19120130" type="occupation" value="architect"/>
<hi rend="largeCaps">FRYER</hi>, Cyril Frederick William (44, architect)</persName>
<rs id="t19120130-20-offence-1" type="offenceDescription">
<interp inst="t19120130-20-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19120130-20-offence-1" type="offenceSubcategory" value="bankrupcy"/>, being an undischarged bankrupt did unlawfully obtain credit to the extent of £20 and upwards, to wit, to the extent of £100 from the
<persName id="t19120130-name-85" type="victimName">
<interp inst="t19120130-name-85" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-20-offence-1 t19120130-name-85"/>Brompton Motor Company, Limited</persName>, and from
<persName id="t19120130-name-86" type="victimName">
<interp inst="t19120130-name-86" type="gender" value="male"/>
<interp inst="t19120130-name-86" type="surname" value="ARKWRIGHT"/>
<interp inst="t19120130-name-86" type="given" value="HAROLD ARTHUR"/>
<interp inst="t19120130-name-86" type="occupation" value="company director"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-20-offence-1 t19120130-name-86"/>Harold Arthur Arkwright</persName>, a director thereof, without informing them that he was an undischarged bank-rupt; </rs>
<rs id="t19120130-20-offence-2" type="offenceDescription">
<interp inst="t19120130-20-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19120130-20-offence-2" type="offenceSubcategory" value="fraud"/>obtaining by false pretences from the said Motor Company and the said
<persName id="t19120130-name-87" type="victimName">
<interp inst="t19120130-name-87" type="gender" value="male"/>
<interp inst="t19120130-name-87" type="surname" value="ARKWRIGHT"/>
<interp inst="t19120130-name-87" type="given" value="HAROLD ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-20-offence-2 t19120130-name-87"/>H. A. Arkwright</persName> a motor car.</rs> Mr. Leycester and Mr. Adrian Clark prosecuted; Mr. Hayes de
<lb/>fended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-88" type="witnessName">
<interp inst="t19120130-name-88" type="gender" value="male"/>
<interp inst="t19120130-name-88" type="surname" value="ARKWRIGHT"/>
<interp inst="t19120130-name-88" type="given" value="HAROLD ARTHUR"/>HAROLD ARTHUR ARKWRIGHT</persName> </hi>, director, Brompton Motor Company, Limited, 78, Brompton Road, S.W. Prisoner was introduced to me about the end of May last. He said he wanted to buy two motor
<lb/>cars, that he and his sons might let them out on hire at the Wellington House Hotel. He said he was the architect of the hotel, was one of the principal directors, and had the principal word in the management of the hotel, which was in a very flourishing condition; they were just building a new wing, and it was full up owing to the Coronation, and there was a lot of work for motor-cars, hiring, etc. He showed me a prospectus of the company. He said he was a large holder of shares in the hotel, which he had negotiated the sale of in Paris, and the money was coming definitely in six weeks. I sold him two cars, a Mercedes and a Benz, for £310. He was to pay £100 in cash, and the balance by bill payable in six weeks. I agreed to take 500 shares in Wellington House as collateral security against the bill. He told me there was a market for them in Paris at about 20 francs a share and a dividend of 6 per cent. for three years had been guaranteed. He showed me a contract note showing the shares had changed hands at about 20 francs or 20s. within 12 months. He did not tell me he was an undischarged bankrupt. I should not have parted with the cars if I had thought he was not in a position to pay for them. On June 15 prisoner telephoned that the Mercedes car had arrived, that it was a bigger horse-power than he expected, and asked if I would agree to his only paying £50 down and receiving the other £50 when the other car was delivered; he was just off to Paris, and would send the £50 im
<lb/>mediately he got there. I agreed and wrote him confirming same. On the same day I wrote him that on thinking things over I did not con
<lb/>sider</p>
<xptr type="pageFacsimile" doc="191201300029"/>
<p>the sale of the ears complete, as he had not deposited the certi
<lb/>ficate for the 500 shares, and that I had instructed my man to fetch the Mercedes car back, and that if he wanted the cars we should have to come to quite fresh terms.</p>
<p>Cross-examined. When he showed me the contract note I thought the shares had a value and that they could be sold for 20 francs in Paris. He told me Wellington House Hotel was a large hotel in Buckingham Gate, and showed me a picture of it. I have read in the "Evening News" that the Government have bought it for occupation by the officials under the National Insurance Act. I do not know what they have paid. I have not had the shares. I do not assert or dispute that the hotel was doing good business. I did not take much notice of the prospectus because I relied on the bill being met. As to when I first came to the conclusion that there was fraud and false pretences, I told my secretary when I saw the transfer, which I did not like the look of, to find out about the hotel. He was a long time doing it, and as prisoner seemed anxious to have the car in a hurry I let the car go. The moment I had done so I received a message from my secretary saying he had searched the register and could not find that prisoner had any shares in the hotel, that the hotel was in a bad condition financially, that it had a receiver in, and that the shares were in his opinion valueless. We did not take civil proceedings till the bill was dishonoured. I am not certain that I determined to charge him criminally. I do not bother about those things much. I believe my people tried to get the money back by sueing him. We were then going to let the case drop as we heard he was bankrupt and his cheques were being returned in all directions. When I heard the Crown were taking another case up it influenced me considerably. They did not come to me personally. I have four partners. Mr. Williams will know about that. When I heard there were no shares standing in his name I did not consider it worth while to send the blank transfer to the company to get the distinctive number of the shares put in. I thought I might be liable on uncalled capital. I preferred to rely on the bill. I only parted with one car. I had £50 and the blank transfer for 500 shares in respect of that. I think we sued him for £100; we got judgment against him for the full amount he owed us.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-89" type="witnessName">
<interp inst="t19120130-name-89" type="gender" value="male"/>
<interp inst="t19120130-name-89" type="surname" value="WILLIAMS"/>
<interp inst="t19120130-name-89" type="given" value="LEONARD"/>LEONARD WILLIAMS</persName> </hi>, director, Brompton Motor Company. Mr. Arkwright handed over to me the conduct of the bargain between him
<lb/>self and prisoner as to the purchase of two motor-cars. On June 14 prisoner signed the two agreements to purchase in my presence. He handed me this bill of exchange. It was dishonoured. He banded me at the same time transfer for 500 shares in the Wellington House Hotel. I did not exercise any judgment in the matter; that had all been arranged by Mr. Arkwright.</p>
<p>Cross-examined. As to when I suggested there had been false pre
<lb/>tences, I cannot tell you. I have not had a good deal to do with this matter. I merely received the bill on behalf of my firm.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-90" type="witnessName">
<interp inst="t19120130-name-90" type="gender" value="male"/>
<interp inst="t19120130-name-90" type="surname" value="MANSFIELD"/>
<interp inst="t19120130-name-90" type="given" value="GEORGE HAROLD"/>GEORGE HAROLD MANSFIELD</persName> </hi>, 67, Montpelier Rise, Golder's Green. I was secretary to the Brompton Motor Company in June last. I made inquiries about Wellington House Hotel, and reported afterwards</p>
<xptr type="pageFacsimile" doc="191201300030"/>
<p>to Mr. Arkwright. I saw the transfer, dated June 14. It had no numbers on it. After a conversation with Mr. Arkwright I went to Cannon Street Hotel. On the way I saw the Mercedes car we had de
<lb/>livered to prisoner. The person driving it told me he was Fryer, jun. We received a bank note for £50 from prisoner about June 15. I wrote him at the Hotel Continental, Paris, "I am instructed to acknowledge receipt of your letter offering to return the Mercedes car if the company will return you your payment of £50." After our company obtained judgment against defendant I ascertained that he was an undischarged bankrupt. We have not received the car back or been paid the balance due on it.</p>
<p>Cross-examined. Mr. Arkwright told me he had had the transfer given him and asked me whether he should take it as collateral security for the balance owing. After searching the file at Somerset House I was not prepared to advise him to do so. I formed the opinion that supposing we had to fall back on the shares they probably would not realise £500. I found out that some of the shares were not fully-paid, so there was a risk of a call being made upon them. I did not inquire on the Stock Exchange what the shares were worth. I formed my opinion entirely from the file at Somerset House.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-91" type="witnessName">
<interp inst="t19120130-name-91" type="gender" value="male"/>
<interp inst="t19120130-name-91" type="surname" value="BOYLE"/>
<interp inst="t19120130-name-91" type="given" value="GEORGE INGLIS"/>GEORGE INGLIS BOYLE</persName> </hi>, messenger, Office of the Senior Registrar in Bankruptcy, produced files showing that prisoner was adjudicated bankrupt in 1891, 1896, and 1907.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-92" type="witnessName">
<interp inst="t19120130-name-92" type="gender" value="male"/>
<interp inst="t19120130-name-92" type="surname" value="ROBERTS"/>
<interp inst="t19120130-name-92" type="given" value="JOHN WILLIAM"/>JOHN WILLIAM ROBERTS</persName> </hi>, senior examiner, Bankruptcy Office. Prisoner has never applied for his discharge. In the last bankruptcy the liabilities expected to rank were stated to be £5,314 and assets £4,230. Nothing in fact was ever realised, and there is a debit balance of £11 11s. 4d. on the estate.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-93" type="witnessName">
<interp inst="t19120130-name-93" type="gender" value="male"/>
<interp inst="t19120130-name-93" type="surname" value="GRACE"/>
<interp inst="t19120130-name-93" type="given" value="VALENTINE"/>SIR VALENTINE GRACE</persName> </hi>, Bart. I became a director of Wellington House, Limited, about 1909, and chairman three or four months afterwards. Prisoner introduced me. £75, 000 Debentures were subscribed. A receiver was appointed for the Debenture holders in January, 1911, I think. He had been conducting the busi
<lb/>ness of the hotel for four or five months. I hold 20, 000 shares in the company. The market value of the shares at the beginning of last year was whatever one liked to give. I personally had lent them £1,200 on; he 20, 000 about a year before the receiver was appointed. In June last they would have a certain value; the concern was beginning to turn the corner and do very well. I think from a speculative point of view they might have been worth 3s. a share. I think the Government are going to pay about £4,500 a year rent. The ground rent is £1,500. The Debentures are 4 1/2 per cent. The company is being wound up.</p>
<p>Cross-examined. If people lend money at 4 1/2 per cent. it should be almost a, gilt-edged security. People in Paris were negotiating with prisoner to buy a block of shares at 20 francs each before the receiver came in. I thought it my duty to give them notice that there was a receiver in, and a letter was written to that effect. There was no guarantee by anybody of 6 per cent. on the Ordinary shares. If certain negotiations had taken place it might have been guaranteed.</p>
<xptr type="pageFacsimile" doc="191201300031"/>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-94" type="witnessName">
<interp inst="t19120130-name-94" type="gender" value="male"/>
<interp inst="t19120130-name-94" type="surname" value="RICHMOND"/>
<interp inst="t19120130-name-94" type="given" value="FRANCIS"/>FRANCIS RICHMOND</persName> </hi>, clerk, Registrar of Joint Stock Companies, Somerset House. I produce the file of Wellington House, Limited. It was incorporated February 19, 1909, with an authorised capital of £55, 000 in £1 shares. Practically all were issued. £75, 000 Deben
<lb/>tures were issued in January, 1910. On June 28, 1910, a mortgage was registered for £7,971 in favour of Howard McCusack. Prisoner was appointed director. Notice of that was given on July 12, 1910. On July 28, 1910, a contract was made between the company and Palgrave and Co., by which Palgrave and Co. were to receive 5, 000 shares in satisfaction of a debt of £938 owing by the company to them. Palgrave and Co. appears to be prisoner. He is not registered as the holder of any shares. There are other people named Fryer on the register. Mr. Fitton was appointed receiver on January 27, 1911, on behalf of Mr. McCusack. There is an order for the compulsory winding up of the company dated December 19, 1911. There is a contract, dated July 28, 1909, by which the vendor, Thomas Westrup Sweeten ham, sold the lease of the land and buildings to the company for £83, 700. There is no registration on the file of Mr. Sweetenham as secretary. There is. a return of allotments of September 2, 1910, signed by him as secretary. There is nothing signed by him since that.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-95" type="witnessName">
<interp inst="t19120130-name-95" type="gender" value="male"/>
<interp inst="t19120130-name-95" type="surname" value="FITTON"/>
<interp inst="t19120130-name-95" type="given" value="WALTER STANLEY"/>WALTER STANLEY FITTON</persName> </hi>, solicitor, Newmarket. In June, 1910, I was appointed director of Wellington House, Limited, in the interests of Mr. McCusack. I resigned-January 26, 1911. I was appointed Receiver on January 11, 1911. I have been conducting the business since. Since my appointment prisoner has had nothing to do with the conduct of the business of the hotel. The hotel has never made a profit. Last June the Debenture interest and a half-year's ground rent and rates and taxes were in arrear. They were paid by Mr. McCusack. The value of the shares was discussed at board meetings. I told prisoner in February last that I should inform people that in my opinion their value was nothing.</p>
<p>Cross-examined. I am told hotels do not pay dividends in their first or second year. I have no experience of this. If I heard there was a contract for sale of 20, 000 shares in France at 20 francs I should say the market value would depend upon who made the contract. My client advanced £52, 000 in cash, for which he took £65, 000 in De
<lb/>bentures. Then he guaranteed the company's debt for furniture to the extent of £70, 000 odd, for which he took another £10, 000 Debentures as his consideration.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-96" type="witnessName">
<interp inst="t19120130-name-96" type="gender" value="male"/>
<interp inst="t19120130-name-96" type="surname" value="RAM"/>
<interp inst="t19120130-name-96" type="given" value="EDWARD JAMES"/>EDWARD JAMES RAM</persName> </hi>, secretary, London Banking Corporation (in liquidation), 32, New Bridge Street, E.C. Defendant had an account at our bank for some years. I produce certified copy of same. (Wit
<lb/>ness gave evidence that on various dates the account was overdrawn, and that cheques had been returned and re-presented.)</p>
<p>Detective-sergeant
<hi rend="smallCaps">ALBERT EVE</hi>, T. On January 10 last I charged prisoner with having obtained credit for upwards of £20 without dis
<lb/>closing that he was an undischarged bankrupt. He said, I paid the Brompton Motor Company £50 cash deposit on the car and gave a bill</p>
<xptr type="pageFacsimile" doc="191201300032"/>
<p>for £210. I was advised that it was no offence against the bankruptcy laws to pay a deposit and owe the remainder of the money.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-97" type="witnessName">
<interp inst="t19120130-name-97" type="gender" value="male"/>
<interp inst="t19120130-name-97" type="surname" value="FRYER"/>
<interp inst="t19120130-name-97" type="given" value="CYRIL FREDERICK WILLIAM"/>CYRIL FREDERICK WILLIAM FRYER</persName> </hi> (prisoner, on oath). I am the principal of the firm of Palgrave and Co., 28, Victoria Street, S.W. 1 was formerly in partnership with Mr. Palgrave. My holding in the Wellington House Company varied. Sometimes I held 7, 000 or 8, 000 shares. They were held in various names, mostly in the name of my firm, who were the original architects for the hotel. Some were in other names. My wife was an independent shareholder as well as nominee. Five thousand were allotted to Palgrave and Co., and we bad the option of a great many others at a price. I had a contract in Paris to sell those shares. I showed Mr. Arkwright a London Stock Exchange contract a few months before this Paris contract, showing that I had sold these shares at from 18s. 6d. to 20s. 6d. I sold some hundreds, and they were a great factor in bringing about this Paris contract. I designed the hotel, and we had made plans for an addi
<lb/>tional wing, which they were going on with when the Paris deal was completed. That was part of the arrangement, as then the company would be in funds. The company owed Palgrave and Co. about £1,000, balance for work done. They had originally paid us £3,000 or £4,000 cash; then we did some other work, and I agreed to take the balance in shares, because I had clients in Paris, and I took them on the lines that I could sell them at 12s. or 14s. each. I introduced Sir Valentine Grace as chairman of the company. How the motor deal with the Brompton Motor Company originally came about was, my son had been articled to my chief assistant but did not care for the architect's work and seemed to be very keen on the motor industry, and associated himself with a man named Sadler, who I think knew Mr. Arkwright, and they were very desirous of getting one or two cars for hiring out for the Coronation, as good prices were going to be paid. He had seen one or two cars at Brompton which he thought suitable, and asked me if I would go into this thing and find him one or more cars if my Paris deal came off. I saw Mr. Arkwright and showed him the French contract. I explained that until I received this money from Paris I did not want to pay any money at all, and it would suit me better if he would take the shares in exchange. He told me he did not know much about that class of shares. I answered neither did I; I was an architect, and knew very little about Stock Exchange matters. He said he would think it over. He said, "I see you are going to receive money. You can pay me £100 for the cars and the balance out of the second instal
<lb/>ment on your Paris contract." He said, "You must give me a bill. but of course I shall get the shares." I said, "You understand, of course, I propose to pay you out of the second instalment." There were certain things required to be done to the Benz car, which I left my son to see to, as I was leaving for Paris that day or the next. It was sub
<lb/>sequently arranged that he should have the 500 shares left with him as collateral security for the bill. There is no truth in the statement that</p>
<xptr type="pageFacsimile" doc="191201300033"/>
<p>I did not have the property in those 500 shares. Sir Valentine Grace stated at the police-court that we had 4, 000 or 5, 000. I went to the secretary's office before the blank transfer was issued and ascertained there were so many shares to my or my nominee's credit, and arranged that they should debit my account with 500, and they should give me a provisional certified transfer in blank. Those shares have been hypothecated to the transfer. In the corner of the certificate there is "Coupon for 500 shares forwarded to the company's office by C.F.W. Fryer. Certified J.W. Sweetenham, secretary, Wellington House, Limited. "That means that the shares are at the office waiting receipt of that transfer and they are there to this day. I have done all that I. could to transfer those shares. There is no reason why a certificate with distinctive numbers would be more valuable The shares were all fully-paid. I paid the Brompton Motor Company £50 cash when they handed over one car. The bill covered two cars. As I only had one car the bill ought never to have been presented. I had no intention of getting credit. I was advised there is a section of the Bankruptcy Act which says that a bill or post-dated cheque is payment; and it certainly was arranged between Mr. Arkwright and myself that the bill was to be paid out of the second instalment of the French contract. I never got the second instalment. I have delivered the first instalment and hold my solicitor's receipt for £6,400, and he is now suing by my power of attorney for £20, 000 and the return of my deposit. I told Mr. Arkwright or the firm that as I had received no consideration for the bill it would not be met. I was greatly surprised to hear that it had gone in.</p>
<p>Cross-examined. My son has the car. He is in the provinces. I last saw it about three months ago. I have not had the money to pay for it. Mr. Arkwright said at the police-court he was satisfied the money should come out of the second instalment. If I did not get that I had my professional income, which was above £2,000 a year. I have not received a penny from Paris in respect of the shares. They are lodged with my solicitor to be transferred to the Paris bank. I did not discover by the middle of June that the deal would not come off. The £500 I deposited was provided by a cheque of the Maritime Securities, Limited, and the London Banking Corporation guaranteed the repay
<lb/>ment. I shall have to repay it. No one had guaranteed 6 per cent. interest on the Ordinary shares.</p>
<p>(Thursday, February 1.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-98" type="witnessName">
<interp inst="t19120130-name-98" type="gender" value="indeterminate"/>
<interp inst="t19120130-name-98" type="surname" value="FRYER"/>
<interp inst="t19120130-name-98" type="given" value="CYEIL FREDERICK WILLIAM"/>CYEIL FREDERICK WILLIAM FRYER</persName> </hi> (prisoner, on oath), further cross-examined. I stated yesterday I had £500 on deposit at Barclay's Bank. I ought to add I had given them a sort of lien upon it for any overdraft that might come to Wellington House Hotel. I do not know if it was at my disposal; I never attempted to draw upon it. It is there now. The motor-car is registered at the L.C.C. in my name or my son's. The reason the sale did not come off in Paris was not that they found out that the interest was not guaranteed. They were share warrants to bearer. A minute had been passed agreeing to a certain</p>
<xptr type="pageFacsimile" doc="191201300034"/>
<p>number of Ordinary shares being converted into warrants to bearer. they had not been issued; that would have been done simultaneously with the completion of the deal. I did not intend Mr. Arkwright to believe that the shares he was to get were guaranteed by a financial group. 1 heard him say I did, but I fancy he misunderstood me. At the time of the Paris deal I probably had 8, 000 or 9, 000 shares and a call on the whole of Sir Valentine Grace's 2, 500, which I was going to sell as well. If I was not on the board at the time the Receiver was appointed I should have nothing to do with the management of the hotel. I think Mr. Arkwright misunderstood me when he said I told him I was the chief person managing the hotel. I have no recollection of telling him. It is difficult at this time to say, but I should say I did not. It is a fact that I appointed the general manager and had formed the company. Mr. Fitton was appointed a friendly Receiver, not by order of the Court, and the board held their meetings as before. Sweetenham was employed at the hotel in June. I cannot recollect if I had an interview with him before the transfer was drawn up. I daresay I did. He would look to see if the shares were available. Share certificates have been issued in my name and dealt with either in my name or the name of nominees. I let the secretary fill in the numbers as I did not know what were available. I sold some hundreds of the shares at 16s. 6d. on the Stock Exchange between September, 1910, and March, 1911. The contract notes are in Paris. They were sent to me there. I do not think I could recognise the transaction from the transfer book. I did not tell either Mr. Arkwright or Mr. Williams that I was an undischarged bankrupt. I was not obtaining credit; I gave them a bill. I do not think it fair to give the name of the solicitor who advised me that that would be a payment under the Bankruptcy Act. The advice was in writing. Verdict,
<rs id="t19120130-20-verdict-1" type="verdictDescription">
<interp inst="t19120130-20-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-20-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty, on the first and third counts.</rs> </p>
<p>
<rs id="t19120130-20-offence-3" type="offenceDescription">
<interp inst="t19120130-20-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t19120130-20-offence-3" type="offenceSubcategory" value="fraud"/>Prisoner was further indicted for obtaining from
<persName id="t19120130-name-99">
<interp inst="t19120130-name-99" type="gender" value="female"/>
<interp inst="t19120130-name-99" type="surname" value="BARTLETT"/>
<interp inst="t19120130-name-99" type="given" value="GERTRUDE AMY"/>Gertrude Amy Bartlett</persName> £46, with intent to defraud.</rs> </p>
<p>(Another Jury was sworn.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-100" type="witnessName">
<interp inst="t19120130-name-100" type="gender" value="female"/>
<interp inst="t19120130-name-100" type="surname" value="BARTLETT"/>
<interp inst="t19120130-name-100" type="given" value="GERTRUDE AMY"/>GERTRUDE AMY BARTLETT</persName> </hi>, Burleigh House, Chelsea. On September 15 I was staying with Miss Emerson at Burwash, Sussex. I saw pri
<lb/>soner there. I had no conversation with him. Next day I came up to London and saw him at 28, Victoria Street. I said I had come about shares in New Picture Palaces, Ltd. He showed me a plan of Prince's Hall, Kew Bridge. He said it would be open by Christmas time and the shares were then worth £2 each. He said they had a lease of the premises for 21 years. I said I thought of having 20 shares. He said they were 25s. each, but if I took 40 he would let me have them for 23s. I said I would ask my husband about it and I would like a paper like Miss Emerson had. He sent it that night. I told him I was only a working woman and did not want to lose my money. He said I would not lose my money, that they had had an expert down from Lon-don belonging to all the picture palaces, who said it would bring in 100 per cent., that he could guarantee me. 100 per cent. himself. He</p>
<xptr type="pageFacsimile" doc="191201300035"/>
<p>said, "The public do not get the chance of having their money in a good thing like this." He said it was a private company and Sir Valentine Grace was the chairman and also a sleeping partner. Next day I got £46 out of the bank and my husband and I went to 28, Victoria Street. We handed over the money and I signed a transfer. Next day I received from him a certificate for 40 shares in New Picture Palaces, Ltd. On September 26 I went with Miss Emerson to see prisoner. I could not tell you all that he said. He asked if I had been to Kew to see the place; I said I had. It had been a theatre kind of place. He said they had had a board painted, but they had put on the wrong address and it would be all right by to-morrow and if I went again I would see the board up and the Prince's Hall board taken down. I did not go inside. I had implicit faith in him up till the end. I had no notion that the company had not the lease or that the hall was not fully equipped, or that Sir Valentine Grace was not chair
<lb/>man, or I should not have parted with my money.</p>
<p>Cross-examined. Prisoner told my husband he had a little bother with the brewers and that I need not worry about my money; it was all right and they were putting on 600 men next week and it would be open by Christmas time. I had faith in him until I saw Mr. Firth, who said there was no lease. I should not have put my money in if I had been told the lease was in course of being signed. He told me everything was signed and settled and he had a 21 years' lease. Miss Emerson first told me about the shares, but did not persuade or advise me to have any. I got prisoner's address from her. He gave it of her to give to me. I said to Mr. Firth, "If you can get my money get it, please, off Mr. Fryer." I cannot remember what he said to that. That was eight or ten days after my husband last saw prisoner. Pri
<lb/>soner was not arrested on my account, but on Miss Emerson's. I did not say Mr. Firth said he would try and get my money. He did not tell me the result of his endeavours. I saw him when I went to make my statement. I have not written him at all. I did not ask about my money afterwards; I knew prisoner was going to be arrested.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-101" type="witnessName">
<interp inst="t19120130-name-101" type="gender" value="male"/>
<interp inst="t19120130-name-101" type="surname" value="BARTLETT"/>
<interp inst="t19120130-name-101" type="given" value="THOMAS WILLIAM"/>THOMAS WILLIAM BARTLETT</persName> </hi> (husband of last witness) gave similar evidence.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-102" type="witnessName">
<interp inst="t19120130-name-102" type="gender" value="male"/>
<interp inst="t19120130-name-102" type="surname" value="RICHMOND"/>
<interp inst="t19120130-name-102" type="given" value="FRANCIS HUGH"/>FRANCIS HUGH RICHMOND</persName> </hi>, clerk, Registration Department, Somerset House. I produce the file of New Picture Palaces, Limited. It was registered September 13, 1910, with a nominal capital of £5,000 in £1 shares. Up to October 10, 1911, 1, 949 shares were issued. The first registered office was registered on April 10, 1911; it was then stated to be 53, Haymarket, with Mr. Lebutt as secretary. On October 25 Mr. Fraser was registered as secretary, address 38, Great James Street, Bedford Row. The directors are registered as Sir Valentine Grace, prisoner, William Thorley, and Ralph Lebutt. 1,092 shares were registered in the name of Fryer.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-103" type="witnessName">
<interp inst="t19120130-name-103" type="gender" value="male"/>
<interp inst="t19120130-name-103" type="surname" value="FIRTH"/>
<interp inst="t19120130-name-103" type="given" value="THOMAS WILLIAMS STABLEE"/>THOMAS WILLIAMS STABLEE FIRTH</persName> </hi>. I am a solicitor, practising at 77, Chancery Lane.</p>
<p>Cross-examined. I was first consulted by Miss Emerson. She said she had taken in exchange from prisoner for a motor-car 60 shares in New Picture Palaces, Limited, that a transfer had been sent to her,</p>
<xptr type="pageFacsimile" doc="191201300036"/>
<p>and acting on the direction given in prisoner's letter that transfer had been sent and was returned through the dead letter office. She instructed me to make inquiries whether the company was good and whether Fryer was honest or not. Mrs. Bartlett did not come till afterwards. She has made a mistake if she said she instructed me to get her money back which she gave Fryer for the shares. I have not attempted to do so. I attempted to get money from him for Miss Emerson before I found out it was a fraud. Prisoner sent me the address of a man supposed to be the secretary. We sent repeatedly to the offices of the company. When Mrs. Bartlett came to me I told it was an impudent fraud and nothing could be done but criminal proceedings. I had been making inquiries up to November 18, when I stopped. I did not ask for Miss Emerson's car back because he had driven it and it had been in other hands. He pawned it as soon as he got to London. He expressed his willingness to return the car, but it was an empty expression; he had not "possession of it. We were referred to a man called Fraser at Gregory Day and Co's, solicitors, Great James Street. I had repeated reports "Mr. Fraser is out," and we could not see the books or learn anything. On November 18 I discovered there was no picture palace and no lease. If he had paid the £60 before November 18 I should have taken it.</p>
<p>(Friday, February 2.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-104" type="witnessName">
<interp inst="t19120130-name-104" type="gender" value="male"/>
<interp inst="t19120130-name-104" type="surname" value="FRASER"/>
<interp inst="t19120130-name-104" type="given" value="JAMES"/>JAMES FRASER</persName> </hi>, 38, Great James Street, Bedford Row. I am clerk to Mr. Day. I was appointed secretary of New Picture Palaces, Iimited, on October 5 last. Mr. Day informed me of this appointment. There was no agreement as to salary and I did not receive any. Sir Valentine Grace was present at board meetings; December 14 was the last date. I do not know in whose handwriting the entry of the shares in Mrs. Bartlett's name is. I received the book about the end of October from prisoner at 28, Victoria Street, where the books of the company were. As far as I know the company has no banking account. The only assets it possessed I suppose were the negotiations for the lease of the Kew Theatre. My firm was acting for the company in acquiring the lease. The negotiations dropped about the end of November. The company never had a lease of Prince's Hall. They never spent any money in repairing or altering it.</p>
<p>Cross-examined. We got as far as engrossing the tenancy agree
<lb/>ment. Fuller, Smith, and Turner insisted on a deposit of £1,000 as the references were not satisfactory. The engrossment was not in existence on September 21, but the deeds were approved, I think, by then. £50 had to be found for the first quarter's rent. Pri
<lb/>soner was arranging this when he was arrested.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-105" type="witnessName">
<interp inst="t19120130-name-105" type="gender" value="male"/>
<interp inst="t19120130-name-105" type="surname" value="FULLER"/>
<interp inst="t19120130-name-105" type="given" value="HENRY FLEETWOOD"/>HENRY FLEETWOOD FULLER</persName> </hi>. I am a member of the firm of Fuller, Smith, and Turner, Griffin Brewery, Chiswick, who are the free
<lb/>holders of Prince's Hall, which is attached to the "Star and Garter." It is licensed for music and dancing. It has never been used as a picture palace that I am aware of. On August is last prisoner called</p>
<xptr type="pageFacsimile" doc="191201300037"/>
<p>at the brewery and proposed to take up the hall on behalf of a Mr. Sweetenham. A good deal of correspondence passed between us up to the time of his arrest. No lease was ever granted.</p>
<p>Cross-examined. It was provisionally agreed to let the place to Mr. Sweetenham. The draft agreement was approved by us subject to references. Those references were not satisfactory.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-106" type="witnessName">
<interp inst="t19120130-name-106" type="gender" value="male"/>
<interp inst="t19120130-name-106" type="surname" value="DOWN"/>
<interp inst="t19120130-name-106" type="given" value="WILLIAM"/>WILLIAM DOWN</persName> </hi>, licensee, "Star and Garter," Kew Bridge. I have seen prisoner at my house. I remember a board being put up announcing that Prince's Hall was going to be opened shortly as a picture palace, with the address of New Picture Palaces, Limited, 28, Victoria Street, S.W.</p>
<p>Cross-examined. I did not fix up the board. Their men put it up.
<hi rend="smallCaps">SIR VALENTINE GRACE</hi>, Bart. I was chairman of the New Picture Palaces, Limited, at the start. I was introduced by prisoner. He gave me to understand it was to be a private company subscribed by his friends; no prospectus was to be issued to the public. After attending three or four meetings I discovered that, these friends had not supplied the money. I resigned in February last as I was not satisfied with the financial position. That was at a meeting at 28, Victoria Street. It should have been recorded on the minutes. No secretary was present. Prisoner was there. I sent a letter the same evening to prisoner to confirm my resignation. During the time I was connected with the company it did no work beyond holding meetings. Qualification shares were allotted to me for which I paid nothing. I never attached any market value to them.</p>
<p>Cross-examined. I got no acknowledgment of my letter of resignation. I wrote twice. I found out afterwards they were using my name as chairman. To the best of my belief I asked Fryer on several occasions for a letter accepting my resignation. I never got one. There was only prisoner there when I resigned. I thought the concern had died a natural death. I resigned verbally. I requested prisoner to put it down. I resigned because I was not satisfied with prisoner's transactions with me in the past and I did not think him a fit person to be associated with.</p>
<p>Detective-sergeant
<hi rend="smallCaps">ALBERT EVE</hi>, T. On September 13 I charged prisoner with having obtained £46 from Mrs. Bartlett by false pre
<lb/>tences. He said, "I did not ask Mrs. Bartlett to put her money into the company."</p>
<p>Cross-examined. I arrested him in the case of Miss Emerson. I told him I had a warrant for his arrest for fraud. He said, "What ground? Where is the sworn information?" I said, "I have not" got that, but I will read the warrant to you." I read it. He said, "This is an absurd charge. I got the car from Miss Emerson and paid her with marketable shares in a genuine concern. The car was absolutely worthless and I sold it for scrap iron at a ridiculous figure. Miss Emerson is the person who ought to be charged with obtaining my money for a useless car. I only hope she has got plenty money to pay me damages for malicious prosecution." Whilst I was search
<lb/>ing his desk he said, "What do you want?" I said, "Any papers</p>
<xptr type="pageFacsimile" doc="191201300038"/>
<p>relating to the company." He said, "There is no company; I am an architect and have been at 28, Victoria Street with Messrs. Palgrave for sixteen years. Of course, I suppose I can have bail." I said, "No, not to-night. You will be detained at Chiswick police-station." He asked what kind of bail we would want. I said any substantial householder. He said, "1 do not know anyone I can trust. It is disgusting to think that a woman can go to a court and get a warrant by telling an abominable pack of lies. She tried to blackmail me for £60 and this is the result." When charged he said, "I will make her pay for this; it is an outrage. I deal in cars and have bought a lot this year. It is blackmail pure and simple."</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-107" type="witnessName">
<interp inst="t19120130-name-107" type="gender" value="male"/>
<interp inst="t19120130-name-107" type="surname" value="FRYER"/>
<interp inst="t19120130-name-107" type="given" value="CYRIL FREDERICK WILLIAM"/>CYRIL FREDERICK WILLIAM FRYER</persName> </hi> (prisoner, on oath). I do not think you would call me the promoter of New Picture Palaces, Limited; I was architect for the buildings. The company were nego
<lb/>tiating for a hall opposite when we found out that Prince's Hall was in the market. Mr. Down told me his tenancy was likely to expire and he would be glad to get rid of it. I told him we were open to negotiate on behalf of a client. He referred me to Fuller, Smith and Turner. They offered to grant a lease and had our acceptance on Sep
<lb/>tember 12 subject to references being satisfactory. We had to give the references of our client, for whom we had done considerable work. He was lessee of premises rented at £1,500 a year, director of Welling
<lb/>ton House, of which he was vendor at £83, 000; so I felt perfectly safe he would be accepted for this paltry £200 a year. I did not receive Sir Valentine Grace's letter of resignation. He would not send it to me because I was not a director of the company. He did say on more than one occasion it was no use his attending meetings until the com
<lb/>pany was further developed. That was while we were negotiating for this property. By the articles of association the company had power to build anywhere in the United Kingdom. The negotiations for the lease of Princes Hall never did end as far as I am aware. The com
<lb/>pany is still going on. We were doing all the work for nothing and taking shares for our work. The gentleman who was to be our mana
<lb/>ger was associated with another company that paid 50 per cent, last year. I do not know what the estimate of £5,104 profit per annum is based on I did not make it. I gave Miss Emerson 60 shares for a secondhand motor-car. I took it up to London. It broke down three times going to the station. I wrote Mr. Firth that I could get the car back. That was true. When Mrs. Bartlett called at my office I showed her plans of what Prince's Hall was going to be. I have not. a distinct recollection that she asked me anything about the company; I think she seemed to have discussed this more with Miss Emerson;? he seemed to know all about it. I told her I thought it was going to be a very good thing, that we held a great number of shares in it, that I was a director, and we expected to open at Christmas. I may have told her who the other directors were. I did not give her any printed matter in connection with the company. I think I sent her afterwards a sort of</p>
<xptr type="pageFacsimile" doc="191201300039"/>
<p>circular. I told her our shares ought to change hands at £2 if the profits estimated were anywhere near realised. I said it would be unwise for her to sell her shares until Christmas. I said my price was 25s. 1 told her there were 40 outstanding of Miss Emerson's and if she liked she could have those at 23s. in order to absorb that certificate. She said she would consider the matter. She and her husband came and brought £46. I gave her a transfer for 40 fully paid shares. She is a registered holder in the company. The next time I saw her was about a fortnight after, when she called with Miss Emerson. I practically only had conversation at that interview with Miss Emerson. She came to ask where she should send the vulcaniser of the car. I told her 'to send it to the office. Then she asked me if I could sell any more shares as she knew a gentleman who was interested in companies. There was no complaint that day about Mrs. Bartlett's shares. I have had no complaint from her or her husband. I had a letter from Mr. Firth saying he had been consulted by Miss Emerson and Mrs. Bartlett That war, the first intimation I had that they were dissatisfied. When he asked me to find £60 or he would resort to legal proceedings I thought he meant civil proceedings. A month before my arrest I wrote him that I could no doubt procure a client to relieve Mrs. Bartlett of her shares if he so advised me. On October 13 I wrote Mr. Firth that I had bought the car back. That was true. I wrote him on October 14 that I was arranging for Mrs. Bartlett's shares to be taken over. I do not think I answered his letter in reply to that. When arrested I said it was an outrage and blackmail because there was an attempt to get £60 from me. Mr. Bartlett called on me some three weeks after Mr. Firth bad written to me and stated that neither he nor his wife had instructed Mr. Firth to write to me as he was not their solicitor.</p>
<p>Cross-examined. I do not know that I said to Mrs. Bartlett that the hall belonged to the company. I had authority from Fullers to put up one board a month before that. There is a letter, I think Mrs. Bartlett asked me where the books of the company could be seen, and I said they were at our office; in fact, I pointed to a deed box on my safe and said, "There they are," or words to that effect. I made no complaint to Miss Emerson about the car. She knew it had broken down and wrote that she was sorry to hear it. The day after I got the car I borrowed £13 on it from Mr. Ram, the cashier of the bank. I asked him to take it to the Baker Street Bazaar; I wanted a friend of his to examine it. It remained there till after October 21. I told him to get the best price he could for it. It was sold for £31 10s. Mr. Ram deducted the £13 and paid the rest to my credit. I accept responsibility for the circular sent to Mrs. Bartlett. We had three schemes prepared for picture palaces. We sent our builders' to make estimates and had prepared plans and specifications. Prince's Hall is fully equipped as a picture palace with the exception of the operator's box. It was not our fault we did not get the lease of Prince's Hall Sir Valentine Grace did not resign. I could not say if he attended a meeting since January, 1911. I was not a director, so I do not know. He has ap
<lb/>parently not signed any minute as chairman after December 9, 1910. I told Miss Emerson and Mrs. Bartlett that the expert's estimate was</p>
<xptr type="pageFacsimile" doc="191201300040"/>
<p>too favourable, or words to that effect, and I should be satisfied with a quarter of the amount.</p>
<p>Verdict,
<rs id="t19120130-20-verdict-2" type="verdictDescription">
<interp inst="t19120130-20-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-20-verdict-2" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Previous convictions were proved.</p>
<p>Sentence:
<rs id="t19120130-20-punishment-18" type="punishmentDescription">
<interp inst="t19120130-20-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-20-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-20-19120130 t19120130-20-punishment-18"/>On the first indictment One month on the first count Eight months on the third count;</rs>
<rs id="t19120130-20-punishment-19" type="punishmentDescription">
<interp inst="t19120130-20-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-20-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-20-19120130 t19120130-20-punishment-19"/>on the second indictment Eight months; all in the second division, and to run concurrently.</rs> </p>
<p>Session Paper</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE RENTOUL</hi>.</p>
<p>(Wednesday, January 31.)</p> </div1>
<div1 type="trialAccount" id="t19120130-21">
<interp inst="t19120130-21" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-21" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-21-charge-1" targOrder="Y" targets="def1-21-19120130 t19120130-21-offence-1 t19120130-21-verdict-1"/>
<join result="criminalCharge" id="t19120130-21-charge-2" targOrder="Y" targets="def1-21-19120130 t19120130-21-offence-2 t19120130-21-verdict-1"/>
<p>
<persName id="def1-21-19120130" type="defendantName">
<interp inst="def1-21-19120130" type="gender" value="male"/>
<interp inst="def1-21-19120130" type="age" value="18"/>
<interp inst="def1-21-19120130" type="surname" value="ERT"/>
<interp inst="def1-21-19120130" type="given" value="EMANUEL"/>
<interp inst="def1-21-19120130" type="occupation" value="porter"/>
<hi rend="largeCaps">ERT</hi>, Emanuel (18, porter)</persName>,
<rs id="t19120130-21-verdict-1" type="verdictDescription">
<interp inst="t19120130-21-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-21-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120130-21-offence-1" type="offenceDescription">
<interp inst="t19120130-21-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19120130-21-offence-1" type="offenceSubcategory" value="fraud"/>of obtaining the sum of £15 by false pretences from
<persName id="t19120130-name-109" type="victimName">
<interp inst="t19120130-name-109" type="gender" value="male"/>
<interp inst="t19120130-name-109" type="surname" value="BEALE"/>
<interp inst="t19120130-name-109" type="given" value="THOMAS HENDERSON"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-21-offence-1 t19120130-name-109"/>Thomas Henderson Beale</persName> </rs> and
<rs id="t19120130-21-offence-2" type="offenceDescription">
<interp inst="t19120130-21-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19120130-21-offence-2" type="offenceSubcategory" value="forgery"/>forging and uttering an order for the payment of sum of £15 with intent to defraud.</rs> </p>
<p>Prisoner confessed to a previous conviction of felony at Newington Sessions on June 7, 1910, in the name of
<persName id="t19120130-name-110">
<interp inst="t19120130-name-110" type="gender" value="male"/>
<interp inst="t19120130-name-110" type="surname" value="MYERS"/>
<interp inst="t19120130-name-110" type="given" value="ERNEST"/>Ernest Myers</persName>, and several other convictions were proved.</p>
<p>Sentence:
<rs id="t19120130-21-punishment-20" type="punishmentDescription">
<interp inst="t19120130-21-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-21-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-21-19120130 t19120130-21-punishment-20"/>Three years' penal servitude.</rs> </p>
<p>Session Paper</p> </div1>
<div1 type="trialAccount" id="t19120130-22">
<interp inst="t19120130-22" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-22" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-22-charge-1" targOrder="Y" targets="def1-22-19120130 t19120130-22-offence-1 t19120130-22-verdict-1"/>
<p>
<persName id="def1-22-19120130" type="defendantName">
<interp inst="def1-22-19120130" type="gender" value="male"/>
<interp inst="def1-22-19120130" type="age" value="44"/>
<interp inst="def1-22-19120130" type="surname" value="BAKER"/>
<interp inst="def1-22-19120130" type="given" value="WILLIAM"/>
<interp inst="def1-22-19120130" type="occupation" value="clerk"/>
<hi rend="largeCaps">BAKER</hi>, William (44, clerk)</persName>, was indicted
<rs id="t19120130-22-offence-1" type="offenceDescription">
<interp inst="t19120130-22-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19120130-22-offence-1" type="offenceSubcategory" value="libel"/> for maliciously publish
<lb/>ing certain defamatory libels of and concerning
<persName id="t19120130-name-112" type="victimName">
<interp inst="t19120130-name-112" type="gender" value="female"/>
<interp inst="t19120130-name-112" type="surname" value="SAMPSON"/>
<interp inst="t19120130-name-112" type="given" value="CONSTANCE AMELLEE"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-22-offence-1 t19120130-name-112"/>Constance Amellee Sampson</persName> and
<persName id="t19120130-name-113" type="victimName">
<interp inst="t19120130-name-113" type="gender" value="male"/>
<interp inst="t19120130-name-113" type="surname" value="SPIER"/>
<interp inst="t19120130-name-113" type="given" value="JULIUS"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-22-offence-1 t19120130-name-113"/>Julius Spier</persName>.</rs> </p>
<p>Jury were sworn to inquire whether prisoner was sane and able to plead.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-114" type="witnessName">
<interp inst="t19120130-name-114" type="gender" value="male"/>
<interp inst="t19120130-name-114" type="surname" value="DYER"/>
<interp inst="t19120130-name-114" type="given" value="SIDNEY REGINALD"/>SIDNEY REGINALD DYER</persName> </hi>, medical officer, Brixton Prison. Prisoner has been under my charge since January 11 this year, and I am of opinion that his state of mind is such that he cannot properly appre
<lb/>ciate the evidence or properly instruct counsel for his defence.</p>
<p>
<rs id="t19120130-22-verdict-1" type="verdictDescription">
<interp inst="t19120130-22-verdict-1" type="verdictCategory" value="miscVerdict"/>
<interp inst="t19120130-22-verdict-1" type="verdictSubcategory" value="unfitToPlead"/>The jury found prisoner to be insane and unfit to plead,</rs> and
<rs id="t19120130-22-punishment-21" type="punishmentDescription">
<interp inst="t19120130-22-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-22-punishment-21" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-22-19120130 t19120130-22-punishment-21"/>he was ordered to be detained during His Majesty's pleasure.</rs> </p>
<p>Session Paper</p> </div1>
<div1 type="trialAccount" id="t19120130-23">
<interp inst="t19120130-23" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-23" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-23-charge-1" targOrder="Y" targets="def1-23-19120130 t19120130-23-offence-1 t19120130-23-verdict-1"/>
<p>
<persName id="def1-23-19120130" type="defendantName">
<interp inst="def1-23-19120130" type="gender" value="male"/>
<interp inst="def1-23-19120130" type="age" value="25"/>
<interp inst="def1-23-19120130" type="surname" value="PRATT"/>
<interp inst="def1-23-19120130" type="given" value="CHARLES GEORGE ROBERT"/>
<interp inst="def1-23-19120130" type="occupation" value="clerk"/>
<hi rend="largeCaps">PRATT</hi>, Charles George Robert (25, clerk)</persName>,
<rs id="t19120130-23-verdict-1" type="verdictDescription">
<interp inst="t19120130-23-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-23-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120130-23-offence-1" type="offenceDescription">
<interp inst="t19120130-23-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19120130-23-offence-1" type="offenceSubcategory" value="bigamy"/>of feloniously marrying
<persName id="t19120130-name-116" type="victimName">
<interp inst="t19120130-name-116" type="gender" value="female"/>
<interp inst="t19120130-name-116" type="surname" value="CLARK"/>
<interp inst="t19120130-name-116" type="given" value="NORAH EILEEN MONA GRACE DESMOND"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-23-offence-1 t19120130-name-116"/>Norah Eileen Mona Grace Desmond Clark</persName>, his wife being then alive.</rs> </p>
<p>
<rs id="t19120130-23-punishment-22" type="punishmentDescription">
<interp inst="t19120130-23-punishment-22" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19120130-23-punishment-22" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-23-19120130 t19120130-23-punishment-22"/>Prisoner was released on own recognisances and those of his mother in £50 each to come up for judgment if called upon.</rs> </p>
<p>Session Paper</p> </div1>
<div1 type="trialAccount" id="t19120130-24">
<interp inst="t19120130-24" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-24" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-24-charge-1" targOrder="Y" targets="def1-24-19120130 t19120130-24-offence-1 t19120130-24-verdict-1"/>
<p>
<persName id="def1-24-19120130" type="defendantName">
<interp inst="def1-24-19120130" type="gender" value="male"/>
<interp inst="def1-24-19120130" type="age" value="42"/>
<interp inst="def1-24-19120130" type="surname" value="DAVIS"/>
<interp inst="def1-24-19120130" type="given" value="WILLIAM"/>
<interp inst="def1-24-19120130" type="occupation" value="labourer"/>
<hi rend="largeCaps">DAVIS</hi>, William (42, labourer)</persName>,
<rs id="t19120130-24-verdict-1" type="verdictDescription">
<interp inst="t19120130-24-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-24-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120130-24-offence-1" type="offenceDescription">
<interp inst="t19120130-24-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t19120130-24-offence-1" type="offenceSubcategory" value="other"/>of maliciously damaging by night a plate-glass window, value £24, the property of
<persName id="t19120130-name-118" type="victimName">
<interp inst="t19120130-name-118" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-24-offence-1 t19120130-name-118"/>W. and T. Avery, Limited</persName>.</rs> </p>
<p>Sentence:
<rs id="t19120130-24-punishment-23" type="punishmentDescription">
<interp inst="t19120130-24-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-24-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-24-19120130 t19120130-24-punishment-23"/>Three months' imprisonment, second division.</rs> </p>
<p>Session Paper</p> </div1>
<div1 type="trialAccount" id="t19120130-25">
<interp inst="t19120130-25" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-25" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-25-charge-1" targOrder="Y" targets="def1-25-19120130 t19120130-25-offence-1 t19120130-25-verdict-1"/>
<p>
<persName id="def1-25-19120130" type="defendantName">
<interp inst="def1-25-19120130" type="gender" value="male"/>
<interp inst="def1-25-19120130" type="age" value="40"/>
<interp inst="def1-25-19120130" type="surname" value="TALBOT"/>
<interp inst="def1-25-19120130" type="given" value="JOHN"/>
<interp inst="def1-25-19120130" type="occupation" value="grocer"/>
<hi rend="largeCaps">TALBOT</hi>, John (40, grocer)</persName>
<rs id="t19120130-25-offence-1" type="offenceDescription">
<interp inst="t19120130-25-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19120130-25-offence-1" type="offenceSubcategory" value="keepingABrothel"/>, attempting to procure the commission by a male person and an act of indecency with another male person.</rs> </p>
<p>Verdict,
<rs id="t19120130-25-verdict-1" type="verdictDescription">
<interp inst="t19120130-25-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-25-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>
<rs id="t19120130-25-punishment-24" type="punishmentDescription">
<interp inst="t19120130-25-punishment-24" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19120130-25-punishment-24" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-25-19120130 t19120130-25-punishment-24"/>Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-26">
<interp inst="t19120130-26" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-26" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-26-charge-1" targOrder="Y" targets="def1-26-19120130 t19120130-26-offence-1 t19120130-26-verdict-1"/>
<xptr type="pageFacsimile" doc="191201300041"/>
<p>
<persName id="def1-26-19120130" type="defendantName">
<interp inst="def1-26-19120130" type="gender" value="male"/>
<interp inst="def1-26-19120130" type="age" value="21"/>
<interp inst="def1-26-19120130" type="surname" value="BOWDEN"/>
<interp inst="def1-26-19120130" type="given" value="EDWARD"/>
<interp inst="def1-26-19120130" type="occupation" value="labourer"/>
<hi rend="largeCaps">BOWDEN</hi>, Edward (21, labourer)</persName>
<rs id="t19120130-26-offence-1" type="offenceDescription">
<interp inst="t19120130-26-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19120130-26-offence-1" type="offenceSubcategory" value="robbery"/>, robbery with violence upon
<persName id="t19120130-name-121" type="victimName">
<interp inst="t19120130-name-121" type="gender" value="male"/>
<interp inst="t19120130-name-121" type="surname" value="JACOBI"/>
<interp inst="t19120130-name-121" type="given" value="AUGUSTE"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-26-offence-1 t19120130-name-121"/>Auguste Jacobi</persName>, and stealing from him £3, his moneys.</rs> </p>
<p>Mr. D. Owen Evans prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-122" type="witnessName">
<interp inst="t19120130-name-122" type="gender" value="male"/>
<interp inst="t19120130-name-122" type="surname" value="HASLAR"/>
<interp inst="t19120130-name-122" type="given" value="FRITZ"/>FRITZ HASLAR</persName> </hi>. At half-past 12 on New Year's night I was walking down the right-hand side of Old Compton Street and saw prosecutor, rather intoxicated. I saw prisoner and two or three more men attack him and go through his pockets. I went towards them; the other men walked away, and prisoner went over to the other side of the road and began running. I ran after him and stopped him, and a police
<lb/>man came up and took him in charge.</p>
<p>Cross-examined by prisoner. I am sure you were one of the men. Police-constable
<hi rend="smallCaps">WILLIAM DUNBAR</hi> (232 C Division). Early on New Year's morning I was on duty in Old Compton Street. I saw pri
<lb/>soner talking to two other men and two women at the corner of Dean Street. I requested them to move on, and they went in the direction of Charing Cross Road. I saw the prosecutor come staggering along from the Charing Cross Road, and the two men went on either side of him, while the prisoner stood in a doorway and then came out and struck the prosecutor, who fell down. They all bent over him, and I heard money fall on the footway. I ran towards them, and prisoner walked to the other side of the road; the other men ran away. Pri
<lb/>soner mixed himself up with the crowd of people, but I caught him at the corner of Frith Street, about 20 yards from where the assault took place. He threw down the piece of lead (produced). When charged prisoner said prosecutor was drunk and had made a mistake.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-123" type="witnessName">
<interp inst="t19120130-name-123" type="gender" value="male"/>
<interp inst="t19120130-name-123" type="surname" value="JACOBI"/>
<interp inst="t19120130-name-123" type="given" value="AUGUSTE"/>AUGUSTE JACOBI</persName> </hi>. On the night of January 1 I was returning hom e from a French club of which I am a member. I had been drinking. I remember being stopped by some men who asked me for money and then being struck and falling on my face. I had £3 in gold and six to seven shillings in silver, which was taken from me. I cannot identify any of the men.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-124" type="witnessName">
<interp inst="t19120130-name-124" type="gender" value="male"/>
<interp inst="t19120130-name-124" type="surname" value="BOWDEN"/>
<interp inst="t19120130-name-124" type="given" value="EDWARD"/>EDWARD BOWDEN</persName> </hi> (prisoner, not on oath). On this night I was with these people and all of a sudden they flew after this man. I did not know what their idea was.</p>
<p>Verdict,
<rs id="t19120130-26-verdict-1" type="verdictDescription">
<interp inst="t19120130-26-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-26-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Sentence:
<rs id="t19120130-26-punishment-25" type="punishmentDescription">
<interp inst="t19120130-26-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-26-punishment-25" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-26-19120130 t19120130-26-punishment-25"/>Twelve months' hard labour.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-27">
<interp inst="t19120130-27" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-27" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-27-charge-1" targOrder="Y" targets="def1-27-19120130 t19120130-27-offence-1 t19120130-27-verdict-1"/>
<join result="criminalCharge" id="t19120130-27-charge-2" targOrder="Y" targets="def1-27-19120130 t19120130-27-offence-2 t19120130-27-verdict-1"/>
<p>
<persName id="def1-27-19120130" type="defendantName">
<interp inst="def1-27-19120130" type="gender" value="male"/>
<interp inst="def1-27-19120130" type="age" value="22"/>
<interp inst="def1-27-19120130" type="surname" value="WILSON"/>
<interp inst="def1-27-19120130" type="given" value="JAMES"/>
<interp inst="def1-27-19120130" type="occupation" value="sailor"/>
<hi rend="largeCaps">WILSON</hi>, James (22, sailor)</persName>
<rs id="t19120130-27-offence-1" type="offenceDescription">
<interp inst="t19120130-27-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120130-27-offence-1" type="offenceSubcategory" value="burglary"/>, burglary in the dwelling-house of
<persName id="t19120130-name-126" type="victimName">
<interp inst="t19120130-name-126" type="gender" value="female"/>
<interp inst="t19120130-name-126" type="surname" value="MARSHALL"/>
<interp inst="t19120130-name-126" type="given" value="EMILY"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-27-offence-1 t19120130-name-126"/>Emily Marshall</persName> and stealing therein one overcoat and other articles and the sum of 1s. 9d. in money, her property and money;</rs>
<rs id="t19120130-27-offence-2" type="offenceDescription">
<interp inst="t19120130-27-offence-2" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19120130-27-offence-2" type="offenceSubcategory" value="assault"/>assaulting
<persName id="t19120130-name-127" type="victimName">
<interp inst="t19120130-name-127" type="gender" value="male"/>
<interp inst="t19120130-name-127" type="surname" value="SMITH"/>
<interp inst="t19120130-name-127" type="given" value="CHARLES"/>
<interp inst="t19120130-name-127" type="occupation" value="police officer"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-27-offence-2 t19120130-name-127"/>Charles Smith</persName>, a police officer, in the execution of his duty.</rs> </p>
<p>Mr. R. B. C. Sheridan prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-128" type="witnessName">
<interp inst="t19120130-name-128" type="gender" value="female"/>
<interp inst="t19120130-name-128" type="surname" value="MARSHALL"/>
<interp inst="t19120130-name-128" type="given" value="EMILY"/>EMILY MARSHALL</persName> </hi>, widow. On the night of January 19 I shut up my premises and everything was safe. When I came down in the morning I found the door was open; all the drawers were open, boxes turned out, my writing-desk was turned inside out, and 1s. 9d. was taken out of my purse. I recognise the overcoat and gloves produced. They belong to my son. The hatpin stand and the penknife also produced are my daughter's.</p>
<xptr type="pageFacsimile" doc="191201300042"/>
<p>Police-constable
<hi rend="smallCaps">JOHN LEWIS</hi>, 630 N Division. At 5 a.m. on January 18 I was on duty in St. Peter's Street, N., and saw prisoner carrying the overcoat produced. He went towards Islington Green and I stopped him and asked him where he had got the coat from. He said it was his. I was not satisfied with his replies and took him into custody, when he became very violent and struck me on the right eye. On being searched the other missing property was found in his possession.</p>
<p>Police-constable
<hi rend="smallCaps">CHARLES SMITH</hi>, 434 N Division. At 5 o'clock on the morning of January 18 I was on duty in Camden Passage, Essex Road, when I heard a police whistle and on running to Charlton Place I saw prisoner struggling with Police-constable Lewis. Prisoner on seeing me struck me a violent blow in the face. I closed with him and assisted to take him into custody. All the way to the police station he was very violent. I saw him carrying the overcoat and at the station I saw the other articles produced found upon him.</p>
<p>Police-constable
<hi rend="smallCaps">WILLIAM HALL</hi>, N Division. On January 19 1 examined the premises of the prosecutrix and found marks on the area wall where someone had climbed down. The window was all right. The outer door leading into the area could not be bolted, and could be opened from the outside. There was an inside door, but I found no marks on it.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-129" type="witnessName">
<interp inst="t19120130-name-129" type="gender" value="male"/>
<interp inst="t19120130-name-129" type="surname" value="WILSON"/>
<interp inst="t19120130-name-129" type="given" value="JAMES"/>JAMES WILSON</persName> </hi> (prisoner, not on oath). I never struck the con
<lb/>stable. About half-past four on this morning I met a fellow with this coat and he asked me to give him 3s. for it. I gave him half-a-crown. I found the other things in the pockets and he said I could keep them. He went away and then the policeman came up and threatened to kick me, and he hit me with all his force.</p>
<p>Verdict,
<rs id="t19120130-27-verdict-1" type="verdictDescription">
<interp inst="t19120130-27-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-27-verdict-1" type="verdictSubcategory" value="lesserOffence"/>Guilty of being in unlawful possession.</rs> </p>
<p>Several previous convictions were proved.</p>
<p>Sentence:
<rs id="t19120130-27-punishment-26" type="punishmentDescription">
<interp inst="t19120130-27-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-27-punishment-26" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-27-19120130 t19120130-27-punishment-26"/>Twelve months' hard labour.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-28">
<interp inst="t19120130-28" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-28" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-28-charge-1" targOrder="Y" targets="def1-28-19120130 t19120130-28-offence-1 t19120130-28-verdict-1"/>
<p>
<persName id="def1-28-19120130" type="defendantName">
<interp inst="def1-28-19120130" type="gender" value="male"/>
<interp inst="def1-28-19120130" type="age" value="30"/>
<interp inst="def1-28-19120130" type="surname" value="PARRY"/>
<interp inst="def1-28-19120130" type="given" value="EGERTON MUSGRAVE"/>
<interp inst="def1-28-19120130" type="occupation" value="artist"/>
<hi rend="largeCaps">PARRY</hi>, Egerton Musgrave (30, artist)</persName>
<rs id="t19120130-28-offence-1" type="offenceDescription">
<interp inst="t19120130-28-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19120130-28-offence-1" type="offenceSubcategory" value="forgery"/>, forging and uttering, knowing the same to be forged, the endorsement on a certain order for the payment of money, to wit, a banker's cheque for £3 6s. 8d., with intent to defraud.</rs> </p>
<p>Mr. Spratling prosecuted; Mr. S. W. Clarke defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-131" type="witnessName">
<interp inst="t19120130-name-131" type="gender" value="female"/>
<interp inst="t19120130-name-131" type="surname" value="DUNCAN"/>
<interp inst="t19120130-name-131" type="given" value="MARY HENRIETTA"/>MARY HENRIETTA DUNCAN</persName> </hi>, 9, Montpellier Grove, Blackheath. On November 30 I drew the cheque (produced) for £3 6s. 8d. on the London County and Westminster Bank in favour of Mrs. Andrews, and posted it to her. It was enclosed in an envelope with a sheet of paper bearing my stamped address, and to the best of my belief I addressed the envelope "175, Wymering Mansions." On December 4 I heard from Mrs. Andrews that she had not received the cheque, so I stopped payment at the bank. The cheque was shown to me three or four days afterwards by Police-sergeant Collins.</p>
<p>Cross-examined. Mrs. Andrews did not live at 175, Wymering Mansions, but used to visit there occasionally. I do not think I made a mistake in the number.</p>
<xptr type="pageFacsimile" doc="191201300043"/>
<p>Mrs.
<hi rend="smallCaps">RHODA ANDREWS</hi> said that she did not receive the cheque.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-132" type="witnessName">
<interp inst="t19120130-name-132" type="gender" value="indeterminate"/>
<interp inst="t19120130-name-132" type="surname" value="TERRY"/>
<interp inst="t19120130-name-132" type="given" value="MIMA"/>MIMA TERRY</persName> </hi>, married woman. I live at 145, Wymering Mansions, Maida Vale. On December 1 or 2 a letter was delivered at my flat, addressed to Mrs. Andrews. I opened it and found it con
<lb/>tained the cheque produced. I know prisoner. On the same evening he called on me and I gave him the cheque to repost to the address of the sender. I did not look at the name on the envelope before opening it.</p>
<p>Cross-examined. I believe prisoner has been a lieutenant in the Army and served during the South African War. While there he was dangerously ill, and since his return he has had constant attacks of rheumatism and dysentery. He is sometimes dull and does not appear to understand what is going on. I have never heard that he is in the habit of taking morphia. The number on the envelope was 145. The endorsement on the cheque "A. C. Andrews," is not like prisoner's handwriting.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-133" type="witnessName">
<interp inst="t19120130-name-133" type="gender" value="male"/>
<interp inst="t19120130-name-133" type="surname" value="SURRIDGE"/>
<interp inst="t19120130-name-133" type="given" value="FREDERICK"/>FREDERICK SURRIDGE</persName> </hi>, manager to Walter Wainwright, clothier, 26, High Street, Bloomsbury. On December 14 last prisoner came to the shop and bought the suit of clothes (produced) for 30s. He tendered the cheque (produced) in payment. I declined to cash it without a reference He went away and returned in half an hour with a letter from Mr. Jolly, a solicitor, whereupon I let him have the clothes and handed him £1 16s. 8d., the balance of the cheque. On being paid into the bank it was returned marked "not to pay," and the matter was put into the hands of the police.</p>
<p>Cross-examined. I have seen prisoner once before.</p>
<p>Police-sergeant
<hi rend="smallCaps">ALFRED COLLINS</hi>, E Division. I apprehended pri
<lb/>soner at the Strand Union Infirmary, Edmonton, on December 18 last and conveyed him to Bow Street Station, where he was charged and made no reply.</p>
<p>On the submission of Mr. Clarke on behalf of the prisoner, the charge of forgery was withdrawn from the jury.</p>
<p>(Thursday, February I.)</p>
<p>Verdict,
<rs id="t19120130-28-verdict-1" type="verdictDescription">
<interp inst="t19120130-28-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19120130-28-verdict-1" type="verdictSubcategory" value="directed"/>Not guilty</rs>.</p>
<p>session paper</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">MR. JUSTICE RIDLEY</hi>.</p>
<p>(Thursday, February 1.)</p> </div1>
<div1 type="trialAccount" id="t19120130-29">
<interp inst="t19120130-29" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-29" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-29-charge-1" targOrder="Y" targets="def1-29-19120130 t19120130-29-offence-1 t19120130-29-verdict-1"/>
<p>
<persName id="def1-29-19120130" type="defendantName">
<interp inst="def1-29-19120130" type="gender" value="female"/>
<interp inst="def1-29-19120130" type="age" value="39"/>
<interp inst="def1-29-19120130" type="surname" value="ABRAHAMS"/>
<interp inst="def1-29-19120130" type="given" value="ALICE"/>
<hi rend="largeCaps">ABRAHAMS</hi>, Alice (39)</persName>,
<rs id="t19120130-29-verdict-1" type="verdictDescription">
<interp inst="t19120130-29-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-29-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120130-29-offence-1" type="offenceDescription">
<interp inst="t19120130-29-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19120130-29-offence-1" type="offenceSubcategory" value="wounding"/>of maliciously casting upon
<persName id="t19120130-name-135" type="victimName">
<interp inst="t19120130-name-135" type="gender" value="male"/>
<interp inst="t19120130-name-135" type="surname" value="DENNISON"/>
<interp inst="t19120130-name-135" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-29-offence-1 t19120130-name-135"/>Frederick Dennison</persName> a certain corrosive fluid called vitriol, with intent to do him grievous bodily harm.</rs> </p>
<p>Prosecutor, who had been living with prisoner, had lost the sight of his left eye and was permanently disfigured. Prisoner had com
<lb/>plained to the police of his conduct towards her and there was at the time she committed this offence a summons against him for assault,</p>
<xptr type="pageFacsimile" doc="191201300044"/>
<p>which summons she had been willing to withdraw, but prosecutor had expressed his intention of leaving her. She asked that he might be called, stating that he wished to withdraw the charge as it was his fault. Mr. Justice Ridley would not allow this to be done, but stated that he would accept her statement to that effect.</p>
<p>Sentence:
<rs id="t19120130-29-punishment-27" type="punishmentDescription">
<interp inst="t19120130-29-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-29-punishment-27" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-29-19120130 t19120130-29-punishment-27"/>Three years' penal servitude.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-30">
<interp inst="t19120130-30" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-30" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-30-charge-1" targOrder="Y" targets="def1-30-19120130 t19120130-30-offence-1 t19120130-30-verdict-1"/>
<join result="criminalCharge" id="t19120130-30-charge-2" targOrder="Y" targets="def1-30-19120130 t19120130-30-offence-2 t19120130-30-verdict-"/>
<p>
<persName id="def1-30-19120130" type="defendantName">
<interp inst="def1-30-19120130" type="gender" value="male"/>
<interp inst="def1-30-19120130" type="age" value="20"/>
<interp inst="def1-30-19120130" type="surname" value="WHELEN"/>
<interp inst="def1-30-19120130" type="given" value="WILLIAM"/>
<interp inst="def1-30-19120130" type="occupation" value="hairdresser"/>
<hi rend="largeCaps">WHELEN</hi>, William (20, hairdresser)</persName>
<rs id="t19120130-30-offence-1" type="offenceDescription">
<interp inst="t19120130-30-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19120130-30-offence-1" type="offenceSubcategory" value="wounding"/>, feloniously shooting at
<persName id="t19120130-name-137" type="victimName">
<interp inst="t19120130-name-137" type="gender" value="female"/>
<interp inst="t19120130-name-137" type="surname" value="HOWARD"/>
<interp inst="t19120130-name-137" type="given" value="FLORENCE ETHEL"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-30-offence-1 t19120130-name-137"/>Florence Ethel Howard</persName> with intent to murder her;</rs>
<rs id="t19120130-30-offence-2" type="offenceDescription">
<interp inst="t19120130-30-offence-2" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19120130-30-offence-2" type="offenceSubcategory" value="threateningBehaviour"/>feloniously send
<lb/>ing, knowing the contents thereof, a letter threatening to murder the said
<persName id="t19120130-name-138" type="victimName">
<interp inst="t19120130-name-138" type="gender" value="female"/>
<interp inst="t19120130-name-138" type="surname" value="HOWARD"/>
<interp inst="t19120130-name-138" type="given" value="FLORENCE ETHEL"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-30-offence-2 t19120130-name-138"/>F. E. Howard</persName>.</rs> </p>
<p>Mr. G. S. Rentoul prosecuted; Mr. Penry Oliver defended.</p>
<p>The first indictment was proceeded with.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-139" type="witnessName">
<interp inst="t19120130-name-139" type="gender" value="female"/>
<interp inst="t19120130-name-139" type="surname" value="HOWARD"/>
<interp inst="t19120130-name-139" type="given" value="FLORENCE ETHEL"/>FLORENCE ETHEL HOWARD</persName> </hi>, 32, Horsell Road, Drayton Park. I am unmarried. I have known prisoner eight months; it was an understood thing that we should be married in about two years' time. On the evening of January 8 I received this letter from him (Exhibit 1). I did nothing about it and the next morning I received this letter (Exhibit 2). My mother found it and she went to the police. In consequence of the advice they gave, she and I and Police-sergeant Haynes went and waited outside the registry office. We saw prisoner at a distance. We then went home. I then received this telegram: "Come at once to Upper Street Police Station. Whelen arrested. "Thinking it was genuine, my mother, my brother-in-law, Mr. Pratt, and I went to the police station. We were just getting into the tram when prisoner rushed up to me and put a revolver to my head. I put my arm up and it went off; I cannot say if I hit his arm. He said nothing. I ran into a barber's shop. I did not see anything of him after that. On several occasions before this I had seen him with this revolver (produced). Once or twice before Christmas he threatened to shoot me with it; once he fired it off in my presence.</p>
<p>Cross-examined. He knew the truth about myself before I met him. Since he has been in prison I have written to him twice, but I did not say in them that I knew he only wanted to frighten me. When he presented the revolver at me I said, "Don't be silly, Will. "Last November he made me promise to go and be married in a registry office, although I did not wish to be married like that. I then wrote putting him off, as I thought it better for him to get a position first. When arranging to be married I did not ask him not to tell my mother. He did not want my parents to know. On the Sunday night previous to this I said I would go to the registry office because he said he had already made arrangements, but I wrote him that night, saying I did not want to. He came on the Monday night to see me, but I would not see him; I sent my sister out with a note. Then I received Exhibit 1. My mother objected to the engagement as she did not think he was going on properly, but I do not remember telling him that they were "nagging" me to give him up. I told him I would stick to him if he went on properly and that I would marry him, only I was afraid of my mother stopping me. I do not know</p>
<xptr type="pageFacsimile" doc="191201300045"/>
<p>that it was in consequence of the quarrels I had had at home that he was anxious to marry me at once.</p>
<p>Re-examined. He held the revolver in his left hand and held my arm in his right. The revolver was touching my forehead. The bullet did not hit my hat. I was struggling in the road with him and after that the revolver went off.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-140" type="witnessName">
<interp inst="t19120130-name-140" type="gender" value="female"/>
<interp inst="t19120130-name-140" type="surname" value="HOWARD"/>
<interp inst="t19120130-name-140" type="given" value="EMILY"/>EMILY HOWARD</persName> </hi>. The last witness is my daughter. I remember her receiving the letters Exhibits 1 and 2. On reading Exhibit 2 I went to the police. I was ordered to go with her to the registry office and I went with her. Whilst waiting outside I saw prisoner at the end of the street beckon to her. I told my daughter not to go and the detective went down to him. When prisoner saw him he ran away. On arriv
<lb/>ing home we received a telegram saying that he was arrested. She, I, and Mr. Pratt went to the station. Whilst waiting for a tram prisoner came across the road, took hold of my daughter's arm and pulled her towards him. He then put a revolver up to her head. She raised her arm to strike it off and it went off. He knocked me down on the pavement, but I got up immediately afterwards and saw him do this; they were struggling in the middle of the road. She said, "Don't, Will." I saw her arm hit his arm. I got hold of her and pushed her into a barber's shop. He ran up Fieldway Crescent and he put his arm out and fired again in the direction of Horsell Road, where we live. Mr. Pratt ran after him. I took my daughter home.</p>
<p>Cross-examined. I knew he had been "walking out" with her for about eight months, but I did not object to it in any way. I never knew anything of her going to be married. He had the revolver in his left hand.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-141" type="witnessName">
<interp inst="t19120130-name-141" type="gender" value="male"/>
<interp inst="t19120130-name-141" type="surname" value="PRATT"/>
<interp inst="t19120130-name-141" type="given" value="JAMES HENRY"/>JAMES HENRY PRATT</persName> </hi>. Prosecutrix is my sister-in-law. On the Tuesday afternoon previous to this I met prisoner outside my house. He told me that the people round home had been setting the police on to him. I asked him what he had been up to. I said if he wanted I would come out and hear what he had got to say. He said he wanted to speak to my sister-in-law if she was inside. I said I would let him know if she was inside. I found she was not. I saw nothing more of him until the shooting. I went with her and her mother to the police station in answer to the bogus telegram. While standing waiting for a tram I was hailing a car when I heard a scream. I im
<lb/>mediately turned and heard the flash and report of a revolver across-my face. Prisoner was clasping my sister-in-law by the arm, and her mother was raising herself from the pavement. She broke away from him and ran across the road; he followed her. I placed myself be
<lb/>tween them. Prisoner then ran up Fieldway Crescent and I followed him. When I was within about ten yards from him he half turned and fired again at random. He was stopped by a police-constable, and I went and put my hand on his collar. He told me to take my hand off or there would be trouble. He threw the revolver away, and it was picked up.</p>
<p>Cross-examined. His arm was slightly elevated when he fired the second time; he fired cross-wise into left-hand side of the roadway.</p>
<xptr type="pageFacsimile" doc="191201300046"/>
<p>Police-constable
<hi rend="smallCaps">PATRICK MCNALLY</hi>, 999 N Division. At 4.30 p.m. I was on duty in Fieldway Crescent, when I heard the report of a fire
<lb/>arm discharged in Holloway Road. I went in that direction and saw prisoner running towards me, followed by a crowd. Within five yards of me he fired a shot into the roadway, and threw the revolver down in the road. This revolver (produced) was afterwards picked up by a lady, who handed it to me. Prisoner said, "All right, officer; I will not give you any trouble." I took him to the station. On the charge being read over to him, he said, "All right."</p>
<p>Detective-inspector
<hi rend="smallCaps">ARTHUR HAMBLEDON</hi>, Upper Street Police Station. At 4.41 p.m. on January 9 prisoner was brought in. This revolver (handed to me by the constable) is a six-chambered quick-firing revolver, of the Bull-dog type; it contained three live and two spent cartridges. It is in perfect condition, and can be cocked. Pri
<lb/>soner had evidently been drinking, and he looked rather strange about the eyes. We never sent this telegram (Exhibit 3); he said himself that he had sent it.</p>
<p>Detective-sergeant
<hi rend="smallCaps">GEORGE HAYNES</hi>, N Division. In consequence of a complaint by the prosecutrix on January 9 I went with her and her mother to the registry office. About 150 yards away I saw prisoner coming from the direction of Liverpool Road. I walked towards him and he turned round and made off. He got away eventually.</p>
<p>Cross-examined. I produce some letters found on him from the prosecutrix; I cannot say what they contain. He has never been previously charged with any offence.</p>
<p>Prisoner's statement before the magistrate: "I had something to drink and tie letter I wrote was only to frighten Florrie and when I pointed the revolver at her I had no intention to fire. My finger was not on the trigger. The revolver went off as I was running up Field-way Crescent The second time I fired towards the ground when I got within the constable's reach, and I threw the revolver to the ground. Mr. Pratt said to the constable, 'It will take three men to take him. He has got another gun in his pocket.' That was false. I am very sorry at what occurred and I promise it will never occur again. The letter I wrote her was only just to frighten her; that was all. The girl had fully agreed to go to the registry office with me two months ago and kept postponing it owing to her mother. Nothing of this would have occurred if it had not been for her mother and other people interfering. I have no witnesses here."</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-142" type="witnessName">
<interp inst="t19120130-name-142" type="gender" value="male"/>
<interp inst="t19120130-name-142" type="surname" value="WHELEN"/>
<interp inst="t19120130-name-142" type="given" value="WILLIAM"/>WILLIAM WHELEN</persName> </hi> (prisoner, on oath). I have known prosecutrix about 10 months and we were engaged. In November last in cones
<lb/>quence of what she told me about her position at home I made arrange
<lb/>ments to be married in a registry office on November 30, but she kept postponing it because she said her mother was wanting her to give me up. (She said she would not do so. I told her she would have to make up her mind and she agreed on the Sunday before this happened to be</p>
<xptr type="pageFacsimile" doc="191201300047"/>
<p>married on the 9th as long as I did not take her away from her home for 12 months. On the Monday I made the necessary arrangements but that night she sent me a note by her sister when I went to call. I wrote her as I did only to frighten her. I went to the registry office the following afternoon to meet her. When I saw the detective I ran away. I sent the telegram, as it was the only means I had of getting to see her. I happened to be going through the Holloway Road, when I accidentally saw them waiting for a tram. I simply pulled the revolver out of my pocket with my right hand and put it on a line with my shoulder within a yard from her. She put up her hand and said, "Oh, don't, Will." Her mother then led her into a barber's shop. The revolver did not go off until about four minutes afterwards, when I was about 300 yards up the road; it went off in the air. The second shot went off as I was throwing the revolver to the ground; I fired it as I threw it. I have never threatened her with it before; I once showed it to her as I was putting it into another pocket. I had no intention of doing her any harm.</p>
<p>Cross-examined. I bought the revolver about 18 months ago. It is true I wrote in the letter: "Otherwise I mean to punish you severely and I don't care what it means "; "You will drive me to commit murder "; and "It is now either murder or marriage "; but I only wrote that to frighten her. She was perfectly willing to marry me. I did not have my finger on the trigger when I pointed it at her, and it was impossible for it to have gone off. (To the Court.) It is true I could have frightened her without using live cartridges.</p>
<p>Verdict,
<rs id="t19120130-30-verdict-1" type="verdictDescription">
<interp inst="t19120130-30-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-30-verdict-1" type="verdictSubcategory" value="lesserOffence"/>Guilty of shooting with intent to do grievous bodily harm.</rs> </p>
<p>It was stated that since last December prisoner had been dis
<lb/>charged from several situations as a barman for dishonesty. Since he had been awaiting trial he had written prosecutrix letters containing bidden threats. He had been in the Army.</p>
<p>Sentence:
<rs id="t19120130-30-punishment-28" type="punishmentDescription">
<interp inst="t19120130-30-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-30-punishment-28" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-30-19120130 t19120130-30-punishment-28"/>Three years' penal servitude.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-31">
<interp inst="t19120130-31" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-31" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-31-charge-1" targOrder="Y" targets="def1-31-19120130 t19120130-31-offence-1 t19120130-31-verdict-1"/>
<p>
<persName id="def1-31-19120130" type="defendantName">
<interp inst="def1-31-19120130" type="gender" value="male"/>
<interp inst="def1-31-19120130" type="age" value="19"/>
<interp inst="def1-31-19120130" type="surname" value="JONES"/>
<interp inst="def1-31-19120130" type="given" value="HENRY JOHN"/>
<interp inst="def1-31-19120130" type="occupation" value="soldier"/>
<hi rend="largeCaps">JONES</hi>, Henry John (19, soldier)</persName>, was indicted
<rs id="t19120130-31-offence-1" type="offenceDescription">
<interp inst="t19120130-31-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19120130-31-offence-1" type="offenceSubcategory" value="manslaughter"/> for and charged on the coroner's inquisition with the manslaughter of
<persName id="t19120130-name-144">
<interp inst="t19120130-name-144" type="gender" value="male"/>
<interp inst="t19120130-name-144" type="surname" value="CHOWN"/>
<interp inst="t19120130-name-144" type="given" value="ARTHUR GEORGE"/>Arthur George Chown</persName>; a second count of the indictment was for unlawfully assaulting Arthur George. Chown, thereby occasioning him actual bodily harm.</rs> </p>
<p>Mr. J. P. Grain prosecuted; Mr. C. M. Pitman defended.</p>
<p>
<rs id="t19120130-31-verdict-1" type="verdictDescription">
<interp inst="t19120130-31-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-31-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>At the conclusion of Mr. Grain's opening Mr. Justice Ridley stated that he had decided, under the circumstances, to discharge prisoner on his awn recognisances. Upon this, prisoner withdrew his plea of not guilty and pleaded guilty of manslaughter.</rs> The colonel of his regi
<lb/>ment, it was stated, was willing to take him back into the regiment, and on it appearing that this course could be taken provided no sentence of imprisonment were passed, Mr. Justice Ridley
<rs id="t19120130-31-punishment-29" type="punishmentDescription">
<interp inst="t19120130-31-punishment-29" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19120130-31-punishment-29" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-31-19120130 t19120130-31-punishment-29"/>discharged prisoner on his own recognisances in £50 to come up for judgment if called upon, recommending that he should be taken back to the regiment.</rs> </p>
<xptr type="pageFacsimile" doc="191201300048"/>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Thursday, February 1.)</p> </div1>
<p>
<persName id="t19120130-name-145">
<interp inst="t19120130-name-145" type="gender" value="male"/>
<interp inst="t19120130-name-145" type="age" value="54"/>
<interp inst="t19120130-name-145" type="surname" value="ALEXANDER"/>
<interp inst="t19120130-name-145" type="given" value="ALEC"/>
<interp inst="t19120130-name-145" type="occupation" value="musician"/>
<hi rend="largeCaps">ALEXANDER</hi>, Alec (54, musician)</persName>, who pleaded guilty last Sessions (see page 422) of larceny and fraudulent conversion, was brought up for judgment.</p>
<p>Sentence: Six months' hard labour, to date from the first day of last Sessions.</p>
<div1 type="trialAccount" id="t19120130-33">
<interp inst="t19120130-33" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-33" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-33-charge-1" targOrder="Y" targets="def1-33-19120130 t19120130-33-offence-1 t19120130-33-verdict-1"/>
<join result="criminalCharge" id="t19120130-33-charge-2" targOrder="Y" targets="def2-33-19120130 t19120130-33-offence-1 t19120130-33-verdict-1"/>
<p>
<persName id="def1-33-19120130" type="defendantName">
<interp inst="def1-33-19120130" type="gender" value="male"/>
<interp inst="def1-33-19120130" type="age" value="29"/>
<interp inst="def1-33-19120130" type="surname" value="HEATH"/>
<interp inst="def1-33-19120130" type="given" value="HENRY"/>
<interp inst="def1-33-19120130" type="occupation" value="dealer"/>
<hi rend="largeCaps">HEATH</hi>, Henry (29, dealer)</persName>, and
<persName id="def2-33-19120130" type="defendantName">
<interp inst="def2-33-19120130" type="gender" value="male"/>
<interp inst="def2-33-19120130" type="age" value="30"/>
<interp inst="def2-33-19120130" type="surname" value="BAILEY"/>
<interp inst="def2-33-19120130" type="given" value="WILLIAM"/>
<interp inst="def2-33-19120130" type="occupation" value="carman"/>
<hi rend="largeCaps">BAILEY</hi>, William (30, carman)</persName>
<rs id="t19120130-33-offence-1" type="offenceDescription">
<interp inst="t19120130-33-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120130-33-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, both stealing one set of harness, one brougham, 1, 846 rings, the goods of
<persName id="t19120130-name-148" type="victimName">
<interp inst="t19120130-name-148" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-33-offence-1 t19120130-name-148"/>Lawson, Ward and Gamage, Limited</persName>.</rs> </p>
<p>[Refer to trial of William Lee and Chris Hagan at the November Sessions, page 84.]</p>
<p>Mr. Travers Humphreys and Mr. Roland Oliver prosecuted; Mr. Purcell defended Heath; Mr. H. W. Wickham defended Bailey.</p>
<p>Detective-sergeant
<hi rend="smallCaps">ALFRED GROSSE</hi>, Y Division, proved plan of the neighbourhood of Westbury Avenue and Boundary Road, Wood Green.
<hi rend="smallCaps">ERNEST WILLIAM WEDGE</hi>, 72, Trinity Road, Wood Green, traveller to Lawson, Ward, and Gamage, Limited, 26, Clerkenwell Road, E.C., wholesale manufacturing jewellers. I drive about in a brougham which contains large quantities of jewellery. On Tuesday, Septem
<lb/>ber 5, as is my custom on every Tuesday, I drove in the neighbour
<lb/>hood of Wood Green. At about one o'clock I went to my house for dinner, and left Booker, the driver, in charge of the brougham, which contained 1, 846 gold rings, 970 pairs of earrings, 842 bracelets, 607 necklets, 1, 117 brooches, 1, 180 pendants, 402 scarf pins, and other jewellery, packed in five trunks, the value being £3,280. On the near side of the brougham there was a Yale lock, and a bolt on the inside of the offside door; the windows had green blinds pulled down. That brougham could only be opened without the key by breaking the window, putting one's hand in, and pulling the bolt back. At 2.30 that day Booker came to my house without the brougham, and made a communication to me. At 3.30 I saw the brougham empty at Wood Green Police Station; the offside window had been broken and the door unbolted. About a fortnight afterwards I identified two leather cases and jewellery to the value of 15s. (produced) as being part of the stolen property.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-149" type="witnessName">
<interp inst="t19120130-name-149" type="gender" value="male"/>
<interp inst="t19120130-name-149" type="surname" value="BOOKER"/>
<interp inst="t19120130-name-149" type="given" value="GEORGE"/>GEORGE BOOKER</persName> </hi>, coachman. I was employed by T, Brickland, Limited, Gough Street, Gray's Inn Road, to drive a brougham for Lawson, Ward and Gamage. On September 5 I was driving the last witness; at 1 p.m. I left him at his house, ate my lunch outside the "Prince of Wales" public-house, in Trinity Road, and then went to a public lavatory at the foot of Jolly Butchers Hill, at the corner of Lordship Lane. I took the bit out of the horse's mouth, put the nosebag on, locked the wheel with a Yale lock, and went down into the lavatory, leaving the brougham in charge of a man whom I did not know. When I came up six or eight minutes afterwards the brougham and the man had gone. I informed the police and then went to Mr. Wedge's house. I know Bailey; two years ago he was</p>
<xptr type="pageFacsimile" doc="191201300049"/>
<p>employed with me as cab washer at T. Bricklands. In 1910 I saw him driving a Royal Mail van after he had left Bricklands. I do not know Heath.</p>
<p>Cross-examined by Mr. Wickham. Bailey has always borne a good character; had he been outside the lavatory I should have left the brougham in his charge.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-150" type="witnessName">
<interp inst="t19120130-name-150" type="gender" value="male"/>
<interp inst="t19120130-name-150" type="surname" value="CHESSER"/>
<interp inst="t19120130-name-150" type="given" value="HENRY DANIEL"/>HENRY DANIEL CHESSER</persName> </hi>, 182, High Road, Wood Green, blacksmith. At about 1.30 p.m. on September 5 I saw Heath coming towards my forge along a road which has no name, which leads from the High Road, Wood Green, towards Lordship Lane. He was wearing a high hat and a coachman's coat with bright buttons. He came within 10 yards of me; I took especial notice of him because he was lame in the right leg. He went on to Lordship Lane and I lost sight of him. Next morning I spoke to a detective; on Christmas Day I picked Heath out from a row of other men as being the man I had seen. I have not seen him walk since September 5, and did not pick him out because he was lame.</p>
<p>Cross-examined by Mr. Purcell. I first noticed him when he was 30 yards away. I have since seen Inspector Neil several times. I saw in the "Mirror" that the coachman had got a limp. I daresay there were three or four men as big as Heath in the row of men.
<hi rend="smallCaps">ROSETTA MAUD MURRAY</hi>, 27, Sandford Avenue, Wood Green. On September 5 between 1 and 2 p.m. I was standing at the top of Lord
<lb/>ship Lane, opposite the lavatory, when I noticed a brougham on the other side of the road. By the side of the brougham I saw two men whom I now know as Lee and the prisoner Heath. At the last trial I identified Lee, who was convicted. Heath was dressed in a livery and a tall silk hat, and was standing on the pavement conversing with Lee. Lee then handed something to Heath; Heath mounted the box and drove off in the direction of Tottenham; Lee went into the lavatory. I noticed the brougham because it was drawn upon the wrong side of the road, and I was trying to cross. On Christmas Day I picked out Heath at Wood Green Police Station from a number of other men.</p>
<p>To Mr. Purcell. A double row of tram lines runs down Lordship Lane; there was traffic in the road. When I first saw Lee and Heath they were just beyond the horse's head, walking towards the brougham, which was then between us. Heath got on the box, looked at me, and drove in the direction in which the horse's head was turned.</p>
<p>Mr. Purcell proposed to read the witnesses evidence before the Common Serjeant as reported in the Sessions Paper.</p>
<p>The Recorder: You cannot read that, it does not profess to give everything the witness says.</p>
<p>Cross-examination continued. I saw the brougham for two or three minutes. When I picked Heath out there were only two short men in the row.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-151" type="witnessName">
<interp inst="t19120130-name-151" type="gender" value="female"/>
<interp inst="t19120130-name-151" type="surname" value="BUSE"/>
<interp inst="t19120130-name-151" type="given" value="EMMA"/>EMMA BUSE</persName> </hi>, wife of William Francis Buse, printer, 178, Westbury Avenue. On September 5, at about 2 to 2.15 p.m., I was in my garden when I saw a brougham with green blinds coming along Boreham Road from the direction of Lordship Lane. A man in livery</p>
<xptr type="pageFacsimile" doc="191201300050"/>
<p>and a silk hat was driving; by his side was Lee. The brougham went past my house and stopped at the corner of Boreham Road and West-bury Avenue. Lee got out, crossed the road and put on a pair of brown gloves, while the brougham went on, passed my house again, and disappeared in the direction from which it had come. A four-wheeled cab then passed; Lee put up his finger, it stopped, he got in, and the cab drove on after the brougham. I afterwards picked out Hagan as the driver of the brougham, Lee as being the man who sat by his side; on January 1 I picked out Bailey as being the driver of the cab.</p>
<p>To Mr. Purcell. Although Hagan was acquitted I still think he was the driver of the brougham. He had red hair, and was not at all like Heath.</p>
<p>To Mr. Wickham. I remembered Bailey on January 1 because the other trial had kept him on my mind. I did not at first pick him out because I did not want to give evidence; I had been ill—I recog
<lb/>nised him at once.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-152" type="witnessName">
<interp inst="t19120130-name-152" type="gender" value="female"/>
<interp inst="t19120130-name-152" type="surname" value="MORAN"/>
<interp inst="t19120130-name-152" type="given" value="ANNIE"/>ANNIE MORAN</persName> </hi>, servant to Dr. Taylor, 2, Stanley Villas, Boundary Road, Wood Green. At about 2.20 p.m. on September 5 I was look
<lb/>ing through the bay window of the dining-room when I saw a brougham standing on the opposite side of Boundary Road; a four-wheeled cab from the direction of Boundary Road passed the window, re-passed, and drew up behind the brougham. The two vehicles were then about the length of this court from me. Bailey was driving the cab. When the cab stopped Bailey got down; he and Lee, whom I saw walking on the pavement, each took a case, like those produced, out of the brougham and put it into the cab. Lee got into the cab and shut the door; Bailey got on the box and drove away, leaving the brougham there. I only saw two men. On January 1 I picked Bailey out at Wood Green Police Station.</p>
<p>To Mr. Wickham. After I had identified Bailey I was asked to turn my head away and give a description of him, but I said I could not do so because I had not looked at him much.</p>
<p>Re-examined. I gave a full description of Bailey before I picked him out.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-153" type="witnessName">
<interp inst="t19120130-name-153" type="gender" value="male"/>
<interp inst="t19120130-name-153" type="surname" value="UNWIN"/>
<interp inst="t19120130-name-153" type="given" value="THOMAS"/>THOMAS UNWIN</persName> </hi>, 77, Chesterfield Gardens, Harringay, handy man. About 2 p.m. on September 5 I was walking along Boundary Road when I saw a brougham with the horse's head facing Lordship Lane and a cab just behind it. The brougham window was broken. I saw Bailey and another man take about four boxes out of the brougham and put them into the cab. On January 1 I picked Bailey out from a number of other men as being one of the men I had seen.</p>
<p>To Mr. Wickham. When I picked Bailey out I had a little doubt as to whether he was the man. (To the Judge.) I picked him out because I thought he was the man.</p>
<p>Police-constable
<hi rend="smallCaps">JOHN HALL</hi>, 83 TR, stationed at Wood Green. At 3.20 p.m. on September 5 I found a horse and brougham wandering unattended in Boundary Road; I took it to Wood Green Police Station, where it was identified by Wedge. The brougham was empty.</p>
<xptr type="pageFacsimile" doc="191201300051"/>
<p>the glass panel in the offside door was 'broken, and a broken chain was hanging from the fore wheel.</p>
<p>Police-constable
<hi rend="smallCaps">ARTHUR SMITH</hi>, 539 J, stationed at Victoria Park, Hackney. At 6.30 on September 7 I found a number of leather cases, a number of small cardboard cases, a few brooches and earrings, and a number of tickets (produced) thrown on a dust shoot on Hackney Marshes.</p>
<p>Detective-sergeant
<hi rend="smallCaps">THOMAS RATCLIFFE</hi>, N Division. Three or four days before September 5 I saw the two prisoners in company with Lee once inside, and once outside the "Three Brewers" public-house, Islington; the "Three Brewers" public-house is a long way from Lordship Lane. Two or three days after the robbery I saw the two prisoners in company with Lee going into the "Red House" public-house, Essex Road; they had a drink together. On September 15 I followed Heath and Lee, and they went into a public house together, Lee was arrested on September 19; I did not see Heath or Bailey from September 15 till after they were arrested, although I was looking for them.</p>
<p>To Mr. Purcell. When I saw Heath and Bailey on one occasion there were three other men with them, and on another occasion there was one other man. I am a plain clothes officer. When I followed these men I was not disguised; in some neighbourhoods the detectives are better known than the uniformed officers.</p>
<p>To Mr. Wickham. I made no note of this.</p>
<p>Detective
<hi rend="smallCaps">JOHN BUCKINGHAM</hi>, Y Division. In consequence of in
<lb/>structions I had received on September 14 I kept observation on 23, Church Path, Stoke Newington, which is the prisoner Heath's home. He came out at 10.15 a.m. I followed him to the "Three Brewers" public-house and four other public-houses; he was spending money very freely and buying drinks for others. Next day he came out at mid-day. I followed him to the "Freemason's" public-house, where he remained for three hours drinking very heavily. That evening I saw him drinking at the "Oporto Stores" public-house. He left there at ten and went to the "Three Brewers" public-house, where he met Lee and three other men. I did not see him again until he was arrested. His right knee is stiff and he walks with a limp.</p>
<p>To Mr. Purcell. Hagan had a slight limp; he was ginger-haired and nothing like Heath. (To Mr. Wickham.) I know nothing about Bailey.</p>
<p>(Friday, February 2.)</p>
<p>Detective
<hi rend="smallCaps">RICHARD JUBY</hi>, Y Division, corroborated.</p>
<p>To Mr. Wickham. I know nothing about Bailey.</p>
<p>Detective
<hi rend="smallCaps">CHARLES WESLEY</hi>, G Division. On May 23, I think, of last year I saw the two prisoners together in Clerkenwell Police Court while a case not affecting them was going on. The case was remanded and on May 27 I saw them together conversing outside the Court.</p>
<p>To Mr. Wickham. It was the case of a man named Wilkinson who was afterwards discharged. I made no note of this meeting.</p>
<xptr type="pageFacsimile" doc="191201300052"/>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-154" type="witnessName">
<interp inst="t19120130-name-154" type="gender" value="female"/>
<interp inst="t19120130-name-154" type="surname" value="HEATH"/>
<interp inst="t19120130-name-154" type="given" value="MARY"/>MARY HEATH</persName> </hi>, 23, Church Path, Stoke Newington, widow. Prisoner Heath, who is my son, has been living with me. On a Tuesday or Wednesday in the middle of September he went away; I did not see him again till about ten days before Christmas, when he returned to live with me. I received a postcard from him when he was away, but no address.</p>
<p>To Mr. Purcell. My son frequently left me in the summer and told me he was going to race meetings. I was not at all surprised when he went away that time; he told me he was going to race meetings at Manchester and Southampton. When he came home from attending race meetings he sometimes had won some money. He paid me 10s. a week.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-155" type="witnessName">
<interp inst="t19120130-name-155" type="gender" value="female"/>
<interp inst="t19120130-name-155" type="surname" value="WALKER"/>
<interp inst="t19120130-name-155" type="given" value="EMILY"/>EMILY WALKER</persName> </hi>, wife of Robert Walker, 78, Brewery Road, Isling
<lb/>ton, tenement house. About November 23 Bailey and his wife took three rooms on the ground of the same house as I live in. At about 6 p.m. on December 28 he moved out with his furniture. During the time he was there Heath called on him three times. Although I never saw Bailey doing any work, he seemed comfortably off. I afterwards picked Heath out as the man who came to see Bailey.</p>
<p>To Mr. Wickham. The evening would be the usual time for people in Bailey's station of life to move. He had ordinary furniture.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-156" type="witnessName">
<interp inst="t19120130-name-156" type="gender" value="male"/>
<interp inst="t19120130-name-156" type="surname" value="HARTLEY"/>
<interp inst="t19120130-name-156" type="given" value="BERNARD"/>BERNARD HARTLEY</persName> </hi>, secretary to T. Brickland, Limited, Gray's Inn Road, jobmasters. My firm let out the brougham which was stolen. When I came into the employment of the firm between five and six years ago Bailey was employed as a washer; he used to drive occa
<lb/>sionally. He left three years ago. Since last May I have frequently seen Bailey and Heath together in a public-house near our yard, and elsewhere. I did not see them after August.</p>
<p>To Mr. Purcell. As a rule a good many men hang about the yard looking for work. Bailey and Heath were not a solitary pair; they were usually with two other men.</p>
<p>To Mr. Wickham. We have nothing against Bailey's character except that he did not do his work satisfactorily.</p>
<p>Re-examined. Heath and Bailey were always seen with the same two men.</p>
<p>Inspector
<hi rend="smallCaps">ALFRED SCHOLES</hi>, Y Division. In the evening of Decem
<lb/>ber 24 I saw Heath at Newington Green. I said, "Heath, I want to speak to you." He said, "Yes?" I said, "I am a police inspector, and shall arrest you on suspicion of being concerned with a man named Lee in custody, and other persons not in custody, in stealing on September 5 last a horse and brougham containing a quantity of jewellery, from Wood Green. I shall take you to Wood Green Police Station." He said, "Lee?" I said, "Yes." He said, "All right, I will go with you to the station." I took him to the station and repeated the charge to him. He said, "I did not say 'Lee,' I said 'I would go with you to the police station.' I found £4 10s. in gold and 11s. 6d. in silver on him. Hagan was not at all like Heath—there is no comparison.</p>
<p>To Mr. Purcell. When Hagan was tried Mrs. Buse and Mrs. Bannell, 175, Westbury Avenue, picked out Hagan as the driver of the</p>
<xptr type="pageFacsimile" doc="191201300053"/>
<p>brougham, who was dressed in livery, and gave evidence at the trial that they had seen the cab and the brougham together in Boundary Road. Mrs. Bannell was not shown Heath. It has never before been suggested that there were two drivers to the brouhgam; at the previous trial it was never suggested that Hagan drove the brougham from the lavatory. I now suggest that there were two drivers in livery on the brougham. Chesser was shown the row with Lee and Hagan in it. Three or four people were shown the row; two picked out people who were not prisoners. Nobody picked out Hagan as the driver at the lavatory. Mrs. Murray saw Hagan, but said he was not the man she saw in livery at the lavatory. Mr. Watson said he had seen the man in livery at the lavatory, but he could not pick him out.</p>
<p>To Mr. Wickham. Mrs. Bannell saw the row, but was unable to identify Bailey. Besides the witnesses in this case, two other people unsuccessfully saw the row with Bailey in it.</p>
<p>Re-examined. Mrs. Murray and Mr. Chesser only picked out Heath.</p>
<p>Detective-sergeant
<hi rend="smallCaps">FRANCIS HALL</hi>, Y Division. On December 25 I saw Heath in the cells, and said, "You are going to be put up for identificatin now." He said "All right, I am not charged yet." He was then put in a row in the yard with 13 other men of similar appear
<lb/>ance The witnesses were then in a room with the blinds down, and there was no possibility of their seeing him being put into the row. Heath was then picked out by Chesser and Murray. I then called him out of the row and he walked up to me. He said, "Those people all swear I am the man because I am the only one left." I said, "The only persons who will give evidence of identification are those who picked you out when you stood in the row." He said, "Yes, but what about my walk"—he was then walking with a limp. Witnesses did not see him walk before they picked him out.</p>
<p>To Mr. Purcell. Heath is about 5 ft. 10 in. There were no men in that row under 5 ft. 6in. (Witness corroborated the cross-examina
<lb/>tion of the last witness as to the attempted identifications of Heath.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-157" type="witnessName">
<interp inst="t19120130-name-157" type="gender" value="male"/>
<interp inst="t19120130-name-157" type="surname" value="MARKET"/>
<interp inst="t19120130-name-157" type="given" value="THOMAS EDWIN JOSEPH"/>THOMAS EDWIN JOSEPH MARKET</persName> </hi>, licensee, "City of York" public-house, King's Cross Road. Bailey is a customer at my public-house. On December 27 he asked me to take care of a bag containing £31 in gold; I did so. Next day he drew £1 and on the following Friday his wife drew £5. After his arrest I gave the remaining £25 to Inspector Neil.</p>
<p>To Mr. Wickham. Bailey did not tell me he wanted me to take care of the money because he was moving. It is a common thing for publicans to take care of customers' money.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-158" type="witnessName">
<interp inst="t19120130-name-158" type="gender" value="male"/>
<interp inst="t19120130-name-158" type="surname" value="BROWN"/>
<interp inst="t19120130-name-158" type="given" value="GEORGE HENRY"/>GEORGE HENRY BROWN</persName> </hi>, 130, York Road, Islington, builder. On December 28, at 10.30 a.m., prisoner arranged to take a room from me and to move in on the following Saturday. At dinner-time he again saw me and asked if he could move in the same night. I went to the landlord of the house at which he was then living and, finding his references were satisfactory, allowed him to come in that night. He paid 4s. 6d. a week for one unfurnished room.</p>
<xptr type="pageFacsimile" doc="191201300054"/>
<p>To Mr. Wickham. When he asked me to let him come in that night he said he was in no hurry if it was not convenient.</p>
<p>Detective-sergeant
<hi rend="smallCaps">THOMAS POWELL</hi>. At 8.15 p.m. on December 31 I saw Bailey in Copenhagen Street, Caledonian Road. I told him I was going to arrest him for being concerned with Lee and Heath in stealing a horse, a brougham, and jewellery to the value of about £3,000 at Wood Green in September last. He said, "I suppose I shall have to go with you. I do not know either Lee or Heath." On the way to the station he said, "I suppose someone has put me away." 1 have had a row with my brother, it might be him." In August and September I have seen Bailey and Lee together. I did not see Bailey from the end of August or the beginning of September until I arrested him; 1 had been looking for him.</p>
<p>To Mr. Wickham. Bailey at the police court denied saying that someone or perhaps his brother had put him away. York Road is a quarter of a mile from Bailey's previous lodgings.</p>
<p>Divisional-Inspector
<hi rend="smallCaps">ARTHUR NEIL</hi>, Y Division. About 7 p.m. on December 25 I saw Heath at Wood Green Police Station. I told him I was the inspector in charge of this case, and said, "You have been identified by two witnesses, Mrs. Murray and Mr. Chesser, of having been concerned with William Lee, already under sentence, in stealing a horse and brougham containing jewell valued at over £3,000, the property of Lawson Ward and Gamage, He said, "I do not know Lee; I do to know anything about it. The witnesses only picked me out because of my walk." When charged he made no replay. On December 31 I saw Bailey at Caledonian Road Police Station. I told him I was an inspector of police, and he had been brought there on my instructions for being concern with William Lee, in custody and undergoing sentence, and a man named Heath, and he would be detained on suspicion of being concerned with them in stealing on September 5 jewels to the value of over £3,000 from the bottom of Jolly Butchers Hill, Wood Green, and that he would be then taken to Wood Green and put up for identification the next day. He said, "I do not know Heath; I do not know Lee; I have never been to Wood Green." I said, "I propose going to your house to see if you have anything there—you have given your address at 21, Collier Street, but I know you live at King's Cross." Prisoner had previ
<lb/>ously given the address of 21, Collier Street. He said, "I only stayed there last night with my wife; you will find nothing there. I have been living at Collier Street, my mother's address." I said, "I have reason to believe you have some money." He said, "I have not, and you will find none, I have had to pawn things to live." I went to his room at 130, York Road, and found there furniture apparently newly purchased. His wife was dressed in new clothes. I then went to the "City of York" public-house and received bag containing £25 (produced) from Markey. I returned to Caledonian Road Police Station and said to Bailey, "I have received this bag and £25 in gold from Mr. Markey at the "City of York" public-house. He said you deposited with him £31; £1 was given to you a day or two afterwards and £5 to your wife on Thursday or Friday</p>
<xptr type="pageFacsimile" doc="191201300055"/>
<p>last." He said, "It is quite right, I will account for it at the proper time." Next morning he was identified by three witnesses.</p>
<p>To Mr. Wickham. I should say the value of the whole of the furni
<lb/>ture would be £30. I asked Bailey to give me the particulars as to the purchase of these articles; he refused, and I have not been able to make any inquiries. I asked Bailey if he could tell me where he had worked. He said he had been at work at a job-master's up to last May; since then he has followed no regular employment. At the time when he denied knowing Lee or Heath, Lee was a convict, and Heath had been arrested.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-159" type="witnessName">
<interp inst="t19120130-name-159" type="gender" value="male"/>
<interp inst="t19120130-name-159" type="surname" value="SPERRING"/>
<interp inst="t19120130-name-159" type="given" value="WILLIAM"/>WILLIAM SPERRING</persName> </hi>, 69, Lever Street, Castle Road, yard foreman to James Allen and Co., mail contractors. From October, 1906, to Sep
<lb/>tember, 1907, Heath drove for my firm. From November, 1910, to May, 1911, Heath drove for my firm.</p>
<p>To Mr. Wickham. Bailey came to us with a good character and he gave us every satisfaction. He left in order to get a motor license.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-160" type="witnessName">
<interp inst="t19120130-name-160" type="gender" value="male"/>
<interp inst="t19120130-name-160" type="surname" value="BAUSER"/>
<interp inst="t19120130-name-160" type="given" value="JAMES"/>JAMES BAUSER</persName> </hi>, manager to Charles Webster, Limited, 6, White
<lb/>chapel Road, job-masters. Heath was employed by our firm from September, 1910, to January, 1911, to drive a traveller's brougham. He used to wear a livery and a tall hat. That livery should have been returned to the firm when he left our employment, but I could not say whether he actually did return it.</p>
<p>(Defence of Heath.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-161" type="witnessName">
<interp inst="t19120130-name-161" type="gender" value="male"/>
<interp inst="t19120130-name-161" type="surname" value="HEATH"/>
<interp inst="t19120130-name-161" type="given" value="HENRY"/>HENRY HEATH</persName> </hi> (prisoner, on oath). I am a commission agent; I attend racecourses during the summer. When I am in London I live with my mother at 23, Church Path. I know nothing about this crime; I was not the coachman seen by Chesser or Mrs. Murray; I knew Lee and Bailey; I might have been in their company at the public-houses, as the officers state. I denied knowing Lee because I had read of his conviction in the newspapers. I said nothing about Bailey. In July and August I had been away as usual following race meetings, and I won a lot of money betting. On September 5 I think I was at the Newmarket races. I cannot be sure; I keep no diary or anything to refresh my memory. I also went away to race
<lb/>courses in the middle of September, as my mother says.</p>
<p>Cross-examined. I have known Lee since the Coronation. I was not spending money more freely in September than at any other time. The officers must be mistaken when they say I was spending money freely. I think I went away before Lee was arrested on September 19. I cannot say whether I was drinking with Lee a few days before September 5 as the officer says. I might not have been at Newmarket on September 5—I cannot say what race meeting I was attending at that time. I denied knowing Lee because I thought I should be charged with the crime if it was known that I knew one of the persons engaged in the crime. I did not deny knowing Bailey. In September I went racing with some other men—we shared what we won. I cannot mention the name of any of those men.</p>
<xptr type="pageFacsimile" doc="191201300056"/>
<p>(Defence of Bailey.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-162" type="witnessName">
<interp inst="t19120130-name-162" type="gender" value="male"/>
<interp inst="t19120130-name-162" type="surname" value="SPEAG"/>
<interp inst="t19120130-name-162" type="given" value="JOHN"/>JOHN SPEAG</persName> </hi>, auctioneer to Messrs. Henry Ward and Sons, 407, Edgware Road, horse dealers. On August 8, 1910, my firm sold a pony and harness to "Mr. William Bailey, 384, Liverpool Road." That is entered in our books, but I cannot identify the prisoner Bailey as being the man.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-163" type="witnessName">
<interp inst="t19120130-name-163" type="gender" value="male"/>
<interp inst="t19120130-name-163" type="surname" value="FINCHAM"/>
<interp inst="t19120130-name-163" type="given" value="ARTHUR JOHN"/>ARTHUR JOHN FINCHAM</persName> </hi>, manager, Essex Bedding Company, Essex Road. On September 26, 1911, we sold a bolster, two pillows, and a bedstead, value £2 10s. to Bailey, 44, Queens' bury Street, Islington. I cannot identify the prisoner Bailey as being the man.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-164" type="witnessName">
<interp inst="t19120130-name-164" type="gender" value="male"/>
<interp inst="t19120130-name-164" type="surname" value="BAILEY"/>
<interp inst="t19120130-name-164" type="given" value="WILLIAM"/>WILLIAM BAILEY</persName> </hi> (prisoner, on oath). I have always borne a good character. When I was arrested I gave my address as 21, Collier (Street because I did not want to be shown up before my new landlord. 1 was arrested three days after I moved into 130, York Road. My parents live at 21, Collier Street; I gave that address because I have occasionally stayed there. I have known Heath for 18 months; I have been in Lee's company about four times. I denied knowing either of them because Lee had been convicted of this robbery and Heath had been arrested. I said I knew nothing about the robbery meaning I had taken no part in it; I had read an account of it in the papers. When Sergeant Powell arrested me he said, "You nave got some nice kind friends round you." I made no reply. When we got to the station he repeated that observation. I said, "I have got no kind pals round me. I have had a few words with my brother "; but I said nothing about his putting me away for the robbery. When Inspector Neil showed me the money I said, "Yes, that is my money and I will account for it at the proper time." I have always been careful of my money and have always had from £30 to £40. I once had a grocery business at 129, Cloudesley Road, Isling
<lb/>ton, and I have been a horse dealer. I left my money with Mr. Markey for safety as I was moving. I have lately been costering the streets and my wife has earned good money nursing. My furniture is worth from £6 to £7. I bought the articles which the witnesses have de
<lb/>posed to. I know nothing about the robbery; the witnesses who have identified me must be mistaken.</p>
<p>Cross-examined. About a fortnight before Christmas I and my wife stayed a few nights at my parents' house. At that time I also had the rooms in Brewery Road. If I had a quarrel with my wife I used to stay at my parents' house for a little time, away from her. I have known Lee about four or five months. The officers say they saw me together five or six times with Lee, but they must be wrong, because I was only with him about four times. After the robbery I did not go away; the officers could have arrested me if they had wished. Sergeant Powell cannot be telling the truth when he says he looked for me but could not find me. I did not hear of Heath's arrest until Sergeant Powell told me when he arrested me. When I was arrested I had not seen Heath since about a fortnight before Christmas, and I did not know anything about him. I did not leave £35 with Markey because Heath was arrested. My brother used to live with me in</p>
<xptr type="pageFacsimile" doc="191201300057"/>
<p>Brewery Road; I quarrelled with him and he left; and then I left Brewery Road because I did not want three rooms for me and my wife, and the landlord preferred that we should go rather than take less than three rooms. Another reason was that I did not like those lodgings. I did not move because Heath was arrested. I did not move in a great hurry. Inspector Neil said, "I am going to search your house "; he did not say, "I have reason to believe you have some money." I did not say, "I have had to pawn things to live on." That would not have been true. I do not know where I was on September 5; I may have been costering.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-165" type="witnessName">
<interp inst="t19120130-name-165" type="gender" value="male"/>
<interp inst="t19120130-name-165" type="surname" value="RUSSELL"/>
<interp inst="t19120130-name-165" type="given" value="JACK"/>JACK RUSSELL</persName> </hi>, 11, Victoria Crescent, St. Anne's Road, Tottenham, bus and brake proprietor. I have known prisoner all his life; he was in my employment for some time. I have trusted him with money; his character is that of a thoroughly honest and straightforward man. He is a straight man with regard to drink. He always had £1 or £2 in his pocket. I should not be surprised to hear he had £40.</p>
<p>(Monday, February 5.)</p>
<p>Verdict,
<rs id="t19120130-33-verdict-1" type="verdictDescription">
<interp inst="t19120130-33-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-33-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Heath confessed to having been convicted on February 9, 1904, at North London Sessions, receiving nine months' hard labour for stealing ties from his employer. Other convictions proved: January 18, 1908, Bow Street Police Court, three months' hard labour for larceny; November 16, 1909, County of London Sessions, nine months' hard labour, for possessing house-breaking instruments by night. Heath was stated to have followed no regular employment since February, 1911, and to have been associating with thieves. Heath and Bailey were stated to have been well acquainted with the habits of Mr. Wedge. Bailey had followed no regular employment since May, 1911, and had been associating with Lee and Heath.</p>
<p>Sentences: Heath,
<rs id="t19120130-33-punishment-30" type="punishmentDescription">
<interp inst="t19120130-33-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-33-punishment-30" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-33-19120130 t19120130-33-punishment-30"/>Three years' penal servitude;</rs> Bailey,
<rs id="t19120130-33-punishment-31" type="punishmentDescription">
<interp inst="t19120130-33-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-33-punishment-31" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-33-19120130 t19120130-33-punishment-31"/>Twenty months' hard labour.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE RENTOUL</hi>.</p>
<p>(Thursday, February 1.)</p> </div1>
<div1 type="trialAccount" id="t19120130-34">
<interp inst="t19120130-34" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-34" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-34-charge-1" targOrder="Y" targets="def1-34-19120130 t19120130-34-offence-1 t19120130-34-verdict-1"/>
<p>
<persName id="def1-34-19120130" type="defendantName">
<interp inst="def1-34-19120130" type="gender" value="male"/>
<interp inst="def1-34-19120130" type="age" value="40"/>
<interp inst="def1-34-19120130" type="surname" value="SANDY"/>
<interp inst="def1-34-19120130" type="given" value="JAMES"/>
<interp inst="def1-34-19120130" type="occupation" value="carman"/>
<hi rend="largeCaps">SANDY</hi>, James (40, carman)</persName>
<rs id="t19120130-34-offence-1" type="offenceDescription">
<interp inst="t19120130-34-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19120130-34-offence-1" type="offenceSubcategory" value="assaultWithIntent"/>, attempting to carnally know
<persName id="t19120130-name-167" type="victimName">
<interp inst="t19120130-name-167" type="gender" value="female"/>
<interp inst="t19120130-name-167" type="surname" value="APPLETON"/>
<interp inst="t19120130-name-167" type="given" value="FLORENCE ANNIE MAUD"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-34-offence-1 t19120130-name-167"/>Florence Annie Maud Appleton</persName>, a girl under the age of 13 years.</rs> </p>
<p>Verdict,
<rs id="t19120130-34-verdict-1" type="verdictDescription">
<interp inst="t19120130-34-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-34-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>The police stated that prisoner was a hard-working man and bore a good character.</p>
<p>Sentence:
<rs id="t19120130-34-punishment-32" type="punishmentDescription">
<interp inst="t19120130-34-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-34-punishment-32" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-34-19120130 t19120130-34-punishment-32"/>Six months' imprisonment, second division.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-35">
<interp inst="t19120130-35" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-35" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-35-charge-1" targOrder="Y" targets="def1-35-19120130 t19120130-35-offence-1 t19120130-35-verdict-1"/>
<join result="criminalCharge" id="t19120130-35-charge-2" targOrder="Y" targets="def2-35-19120130 t19120130-35-offence-1 t19120130-35-verdict-1"/>
<p>
<persName id="def1-35-19120130" type="defendantName">
<interp inst="def1-35-19120130" type="gender" value="male"/>
<interp inst="def1-35-19120130" type="age" value="44"/>
<interp inst="def1-35-19120130" type="surname" value="WESTFALL"/>
<interp inst="def1-35-19120130" type="given" value="ARTHUR"/>
<interp inst="def1-35-19120130" type="occupation" value="seaman"/>
<hi rend="smallCaps">WESTFALL</hi>, Arthur (otherwise
<rs id="t19120130-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-35-19120130 t19120130-alias-1"/>Maurice Murphy)</rs> (44, seaman),</persName> and
<persName id="def2-35-19120130" type="defendantName">
<interp inst="def2-35-19120130" type="gender" value="male"/>
<interp inst="def2-35-19120130" type="age" value="27"/>
<interp inst="def2-35-19120130" type="surname" value="BARRON"/>
<interp inst="def2-35-19120130" type="given" value="JAMES"/>
<interp inst="def2-35-19120130" type="occupation" value="coal trimmer"/>
<hi rend="smallCaps">BARRON</hi>, James (27, coal trimmer),</persName>
<rs id="t19120130-35-offence-1" type="offenceDescription">
<interp inst="t19120130-35-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19120130-35-offence-1" type="offenceSubcategory" value="robbery"/>robbery with violence upon
<persName id="t19120130-name-170" type="victimName">
<interp inst="t19120130-name-170" type="gender" value="male"/>
<interp inst="t19120130-name-170" type="surname" value="FOILE"/>
<interp inst="t19120130-name-170" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-35-offence-1 t19120130-name-170"/>Charles Foile</persName>, and stealing from him 4s., his moneys.</rs> </p>
<xptr type="pageFacsimile" doc="191201300058"/>
<p>Mr. Taylor prosecuted; Mr. St. John McDonald defended Westfall.</p>
<p>Police-constable Albert Hayward, 355 K. On January 3, at 11.30 p.m., I was on duty in East India Dock Road, where I saw prosecutor, who passed me. About 30 yards further on he was stopped by three men, two of whom were these prisoners. Westfall struck prosecutor who fell to the ground, and Westfall also fell down. As I came up I saw Westfall take his right hand from prosecutor's right-hand waistcoat pocket. Barron was holding prosecutor's left arm. I went for them and the third man ran away. Barron also ran away, but as I knew him I said, "All right, Barron, I know you; you can go." I detained Westfall, and just then another policeman came up and Barron ran right into his arms. We took them to the police-station.</p>
<p>Cross-examined by Mr. McDonald. There were a number of people about. The place was well lighted and I could see distinctly. I have no doubt the prisoners are two of the men who hustled the prosecutor and I am certain it was Westfall who struck him and afterwards put his hand in his waistcoat pocket.</p>
<p>Police-constable
<hi rend="smallCaps">WILLIAM HOLMES</hi>, 698 K, deposed to arresting prisoner Barron and assisting Hayward to take prisoner to the police
<lb/>station. When charged Barron said, "I know nothing about it. Westfall said, "Is any 4s. found on me?" Only 2 1/2 d. was found on him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-171" type="witnessName">
<interp inst="t19120130-name-171" type="gender" value="male"/>
<interp inst="t19120130-name-171" type="surname" value="FOILE"/>
<interp inst="t19120130-name-171" type="given" value="CHARLES"/>CHARLES FOILE</persName> </hi>, potman, 25, Beaumont Road, Plaistow. On January 3, about midnight, I was in East India Dock Road when three men pounced on me and went down my pockets. One of them struck me under the jaw. I could not say which one it was. Prisoners are two of the men who pounced on me. I suffer from heart disease and the result of the blow was that I was laid up for a week. I lost two 2s. pieces from the pocket of my waistcoat, which I was wearing under a Cardigan jacket.</p>
<p>To Mr. McDonald. I had had a drink or two, but was not drunk. When Hayward came up after the assault he asked me if I had lost anything and I said "Yes, 4s." I did not say I had lost a watch and chain. I am sure prisoner's are two of the men who assaulted me because they never had a chance of getting away. I did not strike Westfall.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-172" type="witnessName">
<interp inst="t19120130-name-172" type="gender" value="male"/>
<interp inst="t19120130-name-172" type="surname" value="O'BRIEN"/>
<interp inst="t19120130-name-172" type="given" value="HENRY"/>HENRY O'BRIEN</persName> </hi>, Divisional Surgeon, I happened to be in the police-station on the night in question and saw prosecutor. He appeared to be in a dazed condition and ill. I could not say whether he was drunk or not, because I did not examine him then. I examined him two days afterwards by the magistrate's order and found a small lump and some discolouration on the jaw. I found his heart was in a very bad state and such a blow as he states he received might have been attended with very serious consequences.</p>
<p>To Mr. McDonald. If prosecutor drank a great deal it would be very bad for him, but still a violent blow would be very serious.</p>
<xptr type="pageFacsimile" doc="191201300059"/>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-173" type="witnessName">
<interp inst="t19120130-name-173" type="gender" value="male"/>
<interp inst="t19120130-name-173" type="surname" value="WESTFALL"/>
<interp inst="t19120130-name-173" type="given" value="ARTHUR"/>ARTHUR WESTFALL</persName> </hi> (prisoner, on oath). I produce my seaman's discharge book from November, 1909, to December, 1911, showing my character to be "very good." A discharge book was found upon me when I was arrested belonging to Maurice Murphy, which I took from him while he was fighting in Commercial Road on December 23, and because I would not give my name the police jumped to the conclusion that it was my book and called me Maurice Murphy. On this night inquestion I had been working with a man named Today on a ship called the Rufus till 11 o'clock. We left together and, walking across the centre of the bridge, we went into the urinal. As I came out I met four or five people and one of them, the prosecutor, punched me on the nose. I struck back. Then I was knocked down by Police-constable Hayward, and when I got up he said, "You've got that man's watch and chain." I said, "You have made a great mistake." Then he took me and the other prisoner, one in each hand, and said, "You will have to come to the station. "At the station we were charged with stealing 6d., till the police whispered to the prosecutor, who said that he had lost 4s., and then we were charged with robbing him of two 2s. pieces. They would not let Today into the station and at the police court I told the magistrate I had him as a witness, but he would not let me call him. I have never seen Barron before. I was not one of the men who pounced on prosecutor or had any hand in robbing him.</p>
<p>Cross-examined. When prosecutor punched me on the nose it bled, but I forgot to point it out to the police. I had no chance, because I was knocked about so. After I got to the station the inspector hit me across the face with the charge book and knocked me down. I always fulfil my engagements unless I have a proper excuse; I have 23 years' discharges, which will prove that.</p>
<p>(Friday, February 2.)</p>
<p>Judge Rentoul said that, having regard to the attacks which had been made by the prisoner Westfall on the conduct of the police, and the Magistrate in not allowing him to call a witness, be thought it necessary that the jury should be in possession of information as to his previous career.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-174" type="witnessName">
<interp inst="t19120130-name-174" type="gender" value="male"/>
<interp inst="t19120130-name-174" type="surname" value="WESTFALL"/>
<interp inst="t19120130-name-174" type="given" value="ARTHUR"/>ARTHUR WESTFALL</persName> </hi> (prisoner on oath). Further cross-examined. I remember being convicted at this court on July 7, 1906, for stealing from the person and sentenced to four years' penal servitude. (Several other convictions dating from 1897 were admitted by the prisoner.)</p>
<p>Inspector
<hi rend="smallCaps">HARRY SMITH</hi>, K division. I took the charge when prisoners were brought to the station. Barron gave his name; Westfall said, on being! asked his name, "Find out," but allowed himself to be charged as" Maurice Murphy."</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-175" type="witnessName">
<interp inst="t19120130-name-175" type="gender" value="male"/>
<interp inst="t19120130-name-175" type="surname" value="BARRON"/>
<interp inst="t19120130-name-175" type="given" value="JAMES"/>JAMES BARRON</persName> </hi> (prisoner, not on oath). I want to ask you, gentlemen, if the constable thought I was guilty why he sent me away. When</p>
<xptr type="pageFacsimile" doc="191201300060"/>
<p>prosecutor was walking behind to the station he said he never saw any struggle and never saw me either.</p>
<p>Verdict,
<rs id="t19120130-35-verdict-1" type="verdictDescription">
<interp inst="t19120130-35-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-35-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Previous convictions were proved against Barron.</p>
<p>Sentences:
<rs id="t19120130-35-punishment-33" type="punishmentDescription">
<interp inst="t19120130-35-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-35-punishment-33" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-35-19120130 t19120130-35-punishment-33"/>Westfall, eighteen months' hard labour;</rs> Barron,
<rs id="t19120130-35-punishment-34" type="punishmentDescription">
<interp inst="t19120130-35-punishment-34" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-35-punishment-34" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-35-19120130 t19120130-35-punishment-34"/>four months' hard labour.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE</hi> Mr.
<hi rend="largeCaps">JUSTICE RIDLEY</hi>.</p>
<p>(Friday, February 2.)</p> </div1>
<div1 type="trialAccount" id="t19120130-36">
<interp inst="t19120130-36" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-36" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-36-charge-1" targOrder="Y" targets="def1-36-19120130 t19120130-36-offence-1 t19120130-36-verdict-1"/>
<p>
<persName id="def1-36-19120130" type="defendantName">
<interp inst="def1-36-19120130" type="gender" value="male"/>
<interp inst="def1-36-19120130" type="age" value="42"/>
<interp inst="def1-36-19120130" type="surname" value="SCANNELL"/>
<interp inst="def1-36-19120130" type="given" value="JAMES"/>
<interp inst="def1-36-19120130" type="occupation" value="shoemaker"/>
<hi rend="largeCaps">SCANNELL</hi>, James (42, shoemaker)</persName>, was indicted
<rs id="t19120130-36-offence-1" type="offenceDescription">
<interp inst="t19120130-36-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19120130-36-offence-1" type="offenceSubcategory" value="murder"/>for and charged on the coroner's inquisition with the wilful murder of
<persName id="t19120130-name-177" type="victimName">
<interp inst="t19120130-name-177" type="gender" value="male"/>
<interp inst="t19120130-name-177" type="surname" value="CHURCHMAN"/>
<interp inst="t19120130-name-177" type="given" value="THOMAS FENTON"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-36-offence-1 t19120130-name-177"/>Thomas Fenton Churchman</persName>.</rs> </p>
<p>Mr. Muir, Mr. Travers Humphreys, and Mr. Graham-Campibell prosecuted; Mr. Ashby defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-178" type="witnessName">
<interp inst="t19120130-name-178" type="gender" value="male"/>
<interp inst="t19120130-name-178" type="surname" value="ENSOR"/>
<interp inst="t19120130-name-178" type="given" value="EDWIN THOMAS"/>EDWIN THOMAS ENSOR</persName> </hi>, registered medical practitioner, 2, Galborne Road, N. Kensington. About 10.45 p.m. on December 30 a Mrs. Wise and deceased came to my house. He was suffering from a wound situated about midway between the naval and the pubic bone in the central line of the abdomen about three-quarters of an inch in length, transverse in direction. There was no external bleeding, but the clothing was blood-stained to a slight extent. From his symptoms I gathered the wound had gone through the abdominal wall, reaching the abdominal cavity and there injured important vessels from which there was internal hemorrhage. He was very ill and I sent for the police. He was removed to the hospital. He had nothing in his hand.</p>
<p>Cross-examined. The wound had the appearance of having been caused by a very sharp instrument, but it would require a certain amount of force, because the tissues there are somewhat of a fibrous character.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-179" type="witnessName">
<interp inst="t19120130-name-179" type="gender" value="male"/>
<interp inst="t19120130-name-179" type="surname" value="CHURCHMAN"/>
<interp inst="t19120130-name-179" type="given" value="HENRY"/>HENRY CHURCHMAN</persName> </hi>, road sweeper, 100, Church Street, Croydon. On January 1 I went to the hospital and saw the body of deceased, my nephew. He was 42 years old. I last saw him alive on December 26; he came to my house at 9.45 p.m. and he slept the night. He was fireman on board a ship and had latterly been passing under the name of "Thomas White" He is a married man. Jeans is not his wife.</p>
<p>Cross-examined. He lived with Jeans some years, and about a year ago he deserted her. (To the Court.) This last year he was abroad. I do not know prisoner.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-180" type="witnessName">
<interp inst="t19120130-name-180" type="gender" value="female"/>
<interp inst="t19120130-name-180" type="surname" value="JEANS"/>
<interp inst="t19120130-name-180" type="given" value="LOUISA"/>LOUISA JEANS</persName> </hi>, single woman. I had known deceased about eight years; he was a gardener in the same place where I was a servant. I lived with him for some years; I did not know he was married at first I have had three children by him. In May, 1910, we went to live at 56, Arlington Road, Camden Town, where we made the acquaint
<lb/>ance of prisoner, who was living there also, as a single man. In November deceased left me with the three children to keep and after a</p>
<xptr type="pageFacsimile" doc="191201300061"/>
<p>time prisoner and I lived together. I had a child by him. On Decem
<lb/>ber 26 we were living at 8, Bosworth Road. Prisoner is a bootmaker and he kept his tools in the sitting-room, which is the front room ground floor. From that window you can see anyone standing on the left of the steps outside the front door. In the early part of the evening of December 26 deceased called when prisoner and I were in. I opened the door and he asked me if I wanted to see him. I went out with him; prisoner from the window could see us going down the steps. I was with deceased rather more than 30 minutes; I parted fom him at the top of the road. I returned to prisoner and told him what had happened, and that deceased had said he was going away that night and we should never see him again. He was rather upset at his having come. Things went on as usual until December 30; he was keeping sober. At 10 p.m. on that day a knock came at the door, which we did not answer—not for any particular reason. Then came a rat-a-tat, which he answered; as far as I know he did not know who it was when he went. The next thing I heard was a woman saying, "Scannell, take it in." I went out and saw Mrs. Patterson asking prisoner to go indoors. I also saw Mrs. Wise and Mrs. Collins, but not deceased. Prisoner came in with the shoemaker's knife (produced) in his hand; it was usually kept on his bench in the front room with his other tools. I do not know how he came to have it in his hand; the knife would be only a little distance from him when he got up to open the door. On his coming into the house he said he should stay there till he was fetched and what he had done he had done in self-defence. I did not know and I did! not question (him as to what he had done; I did not know that it was deceased who had come to the door. In the early part of the evening prisoner had had a great deal of drink, and when he came home he rested in the chair; he had been in two hours before the knock came and he was not a great deal better then. About 30 minutes after the police came; prisoner had been standing by the fireplace all the time saying nothing; he had the knife in his pocket. He had been wearing his overcoat all the evening.</p>
<p>Cross-examined. He might have had the knife in his pocket all that day for all I know. When the knocking came we could not tell whether it was for somebody else in the building or for us. Prisoner has provided for me and my three children since deceased deserted me, and he has always behaved well. When deceased called the first time before going out with him I told prisoner who it was, and he asked, me to get him away as he was anxious to avoid unpleasantness. I did not tell deceased the prisoner was in when he asked me; he said, "If I get hold of him I will kill him. It was very likely that I told pri
<lb/>soner what deceased had said. When out with deceased I saw Mrs. Collins, who asked me to come in. Deceased told me he was going to Croydon and then to Liverpool. Prisoner's manner is very excit
<lb/>able when he has had beer. When he has had a great deal of drink he does not seem to quite know what he is doing. On the 30th he was sitting on the side of the fireplace nearest to the window. As far as I have noticed a few drinks have no effect upon him.</p>
<xptr type="pageFacsimile" doc="191201300062"/>
<p>Re-examined. I believe the deceased was going away for good; I cannot say whether prisoner did. His name was not mentioned between us between the 26th and the 30th; I heard nothing of him in the interval.</p>
<p>Police-constable Benjamin Spencer, 194 X, proved the plans of the front room and the front door of 8, Bosworth Road, and stated that there were five steps, including the large flag at the top, leading to front door, and that the nearest light was 15 ft. from the centre of the steps.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-181" type="witnessName">
<interp inst="t19120130-name-181" type="gender" value="female"/>
<interp inst="t19120130-name-181" type="surname" value="COLLINS"/>
<interp inst="t19120130-name-181" type="given" value="KATE"/>KATE COLLINS</persName> </hi>, wife of William Collins, labourer, 6, Bosworth Road. My sister is married to prisoner's brother. About 7 p.m. on December 26 prisoner sent to my house asking to see my husband. He was in bed with a cold, so I went. I asked him what he wanted and he said, "I can't tell." I said, "Why can't you tell me? I am a married woman. If you can tell Bill you can tell me." He said, "I do not know what to do. That woman's husband came and all these children are screaming." I said, "Surely she would not do such a thing." He said, "I don't want the landlord and all the people to hear these children crying, she has been gone such a long time. I want her watched." I said I would go and speak to her for him. I went out and saw her speaking with a man. I told her all her children were screaming. About 9.30 p.m. on December 30 I was outside talking to Mrs. Patterson and Mrs. Wise when the man I had seen on the 26th came and asked if anybody knew the name of Scannells. He then looked up and said, "This is the house." He went up and knocked at the door, but it was not answered. He said to us, "You are all looking at me and you will see a pretty fine scene all the way round." He knocked again and prisoner came to the door. He said to prisoner, "Good evening, Jim. You don't live here." He then took him by the collar and threw him down the steps. He then came on the flat part at the top of the steps as if he was going to go for him, and prisoner turned round and punched him in the stomach with his right fist; I did not see anything in it at the time. Deceased said, "You've done it, Jim," and Mrs. Wise took him away. Prisoner then said, "I done it in self-defence," and showed me a knife which he had in his right hand. I did not see anything in deceased's hands. When he knocked first he was eating nuts. Prisoner had been drink
<lb/>ing all day; he was not sober. I subsequently identified the body of deceased.</p>
<p>Cross-examined. When I saw deceased on the 26th I did not hear what he was saying to Jeans; he did not speak to me. Prisoner fell right on to the pavement and then deceased came on to the flat part at the top with his foot out as if he were going to continue the attack, and prisoner came up and hit him. Deceased would have the light of the street lamp on his face. After he was struck deceased put his hands into his pockets.</p>
<p>Re-examined. I think prisoner went up two steps before he hit deceased. I cannot say where deceased's hands were when the blow was struck.</p>
<xptr type="pageFacsimile" doc="191201300063"/>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-182" type="witnessName">
<interp inst="t19120130-name-182" type="gender" value="female"/>
<interp inst="t19120130-name-182" type="surname" value="PATTERSON"/>
<interp inst="t19120130-name-182" type="given" value="ELLEN"/>ELLEN PATTERSON</persName> </hi>, wife of Charles Patterson, labourer, 6, Bosworth Road. At about 10 p.m. on December 30 I was with Mrs. Wise and Mrs. Collins in front of No. 6, when deceased came and knocked at the door of No. 8. (The witness here corroborated the evidence of the last witness.)</p>
<p>Cross-examined. Deceased, after he had thrown prisoner to the ground, came off the top step on to the next as if he was going to him, and then prisoner turned round and struck him with his fist.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-183" type="witnessName">
<interp inst="t19120130-name-183" type="gender" value="female"/>
<interp inst="t19120130-name-183" type="surname" value="WISE"/>
<interp inst="t19120130-name-183" type="given" value="ELIZABETH"/>ELIZABETH WISE</persName> </hi>, wife of George Wise, labourer, 24, Bosworth Road. About 10 p.m. on December 30 I was with Mrs. Collins and Mrs. Patterson near the door of No. 8, when I saw deceased go up and knock at the door of that house. There was no answer, and after two or three minutes he knocked again. The door was opened by somebody, and he put up his hands as if to hit somebody. The door came open further and then a man, whom I now know to be prisoner, came out and said, "Take that. He hit deceased in the stomach. Deceased said, "Jim, you've done it on me. Why didn't you have a fair fight?. I saw nothing in prisoner's or deceased's hands. When the blow was struck deceased's hands were up in the air ready to fight. The blow took place on the top step. I took deceased to Dr. Ensor's.</p>
<p>Cross-examined. Deceased was a good deal bigger than prisoner. It took us nearly an hour to get to the doctor, as he was ill on the way.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-184" type="witnessName">
<interp inst="t19120130-name-184" type="gender" value="indeterminate"/>
<interp inst="t19120130-name-184" type="surname" value="REED"/>
<interp inst="t19120130-name-184" type="given" value="JANS"/>JANS REED</persName> </hi>, wife of George Reed, 120, Arlington Road, landlord of 156, Arlington Road. Prisoner, deceased and Jeans lived at No. 156, Deceased left on November 10. About 7.45 a.m. on December 26 he called at my house and asked me a question.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-185" type="witnessName">
<interp inst="t19120130-name-185" type="gender" value="male"/>
<interp inst="t19120130-name-185" type="surname" value="DINGLE"/>
<interp inst="t19120130-name-185" type="given" value="ANDREW"/>ANDREW DINGLE</persName> </hi>, carman, 3, Preston Street, Paddington. In August, 1911, prisoner, Jeans and some children came to live at my house, and remained for a few weeks. On December 26 a smartish and biggish man, who looked like a sea-faring man, came and asked a question.</p>
<p>Cross-examined. He said he had been looking for prisoner and asked if he lived there.</p>
<p>Police-constable Percy Dark, 421 X. At 10.45 p.m. on Decem
<lb/>ber 30 I was called to Dr. Ensor's surgery by Mrs. Wise. I saw de
<lb/>ceased there and I took him to St. Mary's Hospital.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-186" type="witnessName">
<interp inst="t19120130-name-186" type="gender" value="male"/>
<interp inst="t19120130-name-186" type="surname" value="BRYAN"/>
<interp inst="t19120130-name-186" type="given" value="CHARLES WALTER GORDON"/>CHARLES WALTER GORDON BRYAN</persName> </hi>. In December last I was casualty surgeon at St. Mary's Hospital. At 11 p.m. on the 30th the deceased was brought in suffering from a wound in the abdomen and shock. At 12.20 a.m. I saw him later with Dr. Berry, and later that day a neces
<lb/>sary operation was performed. The wound might have been caused by this knife.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-187" type="witnessName">
<interp inst="t19120130-name-187" type="gender" value="male"/>
<interp inst="t19120130-name-187" type="surname" value="BERRY"/>
<interp inst="t19120130-name-187" type="given" value="WILLIAM ARTHUR"/>WILLIAM ARTHUR BERRY</persName> </hi>, house surgeon, St. Mary's Hospital. At 12.20 a.m. on December 31 I saw deceased. I performed an opera
<lb/>tion that afternoon. I found that the stabbing wound communicated with the abdominal cavity; the bowel was cut. He became rapidly worse, and it was decided to dose the wound. He died at 1.5 p.m. from syncope, due to loss of blood, caused by the cutting of the right</p>
<xptr type="pageFacsimile" doc="191201300064"/>
<p>external iliac vein, inflicted before the operation. The knife had pene
<lb/>trated about 4 in.</p>
<p>Cross-examined. Even with such a sharp knife as this considerable force would have to be used to penetrate the distance it did. Assum
<lb/>ing that the deceased was coming down upon the knife, that would intensify the effect of the blow, but I do not think falling upon the knife would of itself be sufficient. I do not think that the direction in which deceased was coming would have very much to do with it, since the wound went backwards and downwards.</p>
<p>Police-constable 728 X. At 11 p.m. on December 30 I went to Dr. Ensor's surgery, where I saw deceased. From there I went to 8, Bosworth Road, and knocked at the door. Prisoner opened it three inches, and said, "Who is there?. I said, "A police officer." He went into the front room and I followed him. He was fully dressed and wearing an overcoat. He took this knife (produced) from his right-hand overcoat pocket, and said, "I stuck it right in his gut, but it was my life or his. I told him I would arrest him for wounding a man and he said, "Are you here by yourself or are there any more besides you?. I said, "Yes, there are, but at the corner." He said, "Don't put your hands on me, as this knife is sharp and I am quick. I asked him to put the knife in my pocket book and he said, "I will not. I'll hand it to the inspector at the station," and he put the knife back into his pocket. I took him by the collar and he said, "I will go to the station quietly if you don't touch this knife." I then took him to the station, where he gave the inspector the knife. I noticed small bloodstains upon the point. When charged with mali
<lb/>cious wounding he made no reply. I should say he was sober.</p>
<p>Cross-examined. When I went into the house he was very excited.</p>
<p>Inspector Frank Hamblett, X Division. On December 30 I saw prisoner at the station. I said, "You have a knife in your possession," and he said, "Yes, here it is," and gave me this knife (produced). He continued, "This is what I did it with. He came after me and I put it in his gut. I told him he would be detained and he said, "Well, I was first. If he had been first, I should not be here."</p>
<p>Detective-inspector Frank Pike, X Division. At 10.50 p.m. on December 31 I saw prisoner at the station and told him he would be charged with murder and cautioned him. He said, "Not guilty of murder. White came to the door and directly I opened it he caught hold of my collar and came after me. It was me or him for it and 1 struck him with a knife. When formally charged he made no reply.</p>
<p>Cross-examined. In 1889 prisoner enlisted and up to that time he had led a sober and steady life. On October 3, 1901, he was admitted to the Hanwell Lunatic Asylum and he was discharged on the 28th of the same month. On October 31 he gave himself up as a deserter. He was taken back to his regiment and then certified as a lunatic. On December 11, 1901, Lieut. Long certified him as suffering from delusions and that he was in danger from a supposed gang, and he was discharged as being permanently unfit for service and as a dangerous lunatic. He again went to Hanwell, where he remained till 1902. In May of that year he went back again and remained till September.</p>
<xptr type="pageFacsimile" doc="191201300065"/>
<p>On his own initiative he returned again in October and remained till February, 1903, when he was discharged as cured. He has worked as a journeyman shoemaker and is described as a good workman, but he gives way to drink; he has been fined twice, in 1905 and 1907. In April, 1908, he was taken to the workhouse suffering from chronic alcoholism; he was discharged in the same month. The books of Hanwell Asylum show that an uncle of his died insane.</p>
<p>Police-sergeant
<hi rend="smallCaps">FREDERICK REED</hi>, X Division. On January 1 I went to St. Mary's Hospital, where I received deceased's clothing, in a pocket of which was this small penknife (Exhibit 4).</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-188" type="witnessName">
<interp inst="t19120130-name-188" type="gender" value="male"/>
<interp inst="t19120130-name-188" type="surname" value="DYER"/>
<interp inst="t19120130-name-188" type="given" value="SIDNEY REGINALD"/>SIDNEY REGINALD DYER</persName> </hi>, Medical Officer, Brixton Prison. I have kept prisoner under careful observation since January 1. My con
<lb/>clusion is he is sane; he has been perfectly rational during the whole time. I am of opinion that he was sane at the time he com
<lb/>mitted this act. I have considered the whole of his history carefully and have come to the conclusion that the cause of his temporary periods of insanity has been alcohol; this was 10 years ago and such insanity passes away.</p>
<p>Cross-examined. If the drinking is pursued the insanity returns. A man who has had alcoholic insanity is not quite so sane as a man with a clear mental sheet; he might possibly have slight exaltations. I do not think the drink he had on this day should result in his not being) able to realise things as they should be. The fear on his mind might perhaps make (him a little more excited.</p>
<p>Re-examined. The insanity would be brought about by a prolonged period of excessive drinking; it would probably begin by delirium tremens, and there would be delusions, exaltations, and violence. This result would not be produced by getting drunk on one day.</p>
<p>
<rs id="t19120130-36-verdict-1" type="verdictDescription">
<interp inst="t19120130-36-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-36-verdict-1" type="verdictSubcategory" value="lesserOffence"/>Mr. Justice Ridley stated that he was not of opinion that a case of wilful murder could be maintained. Prisoner thereupon withdrew his plea of not guilty and pleaded guilty of manslaughter, under strong provocation. The jury returned a verdict of Guilty of Manslaughter.</rs> </p>
<p>Sentence:
<rs id="t19120130-36-punishment-35" type="punishmentDescription">
<interp inst="t19120130-36-punishment-35" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-36-punishment-35" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-36-19120130 t19120130-36-punishment-35"/>Five years' penal servitude.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120130-37">
<interp inst="t19120130-37" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-37" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-37-charge-1" targOrder="Y" targets="def1-37-19120130 t19120130-37-offence-1 t19120130-37-verdict-1"/>
<p>
<persName id="def1-37-19120130" type="defendantName">
<interp inst="def1-37-19120130" type="gender" value="male"/>
<interp inst="def1-37-19120130" type="age" value="22"/>
<interp inst="def1-37-19120130" type="surname" value="GOUGH"/>
<interp inst="def1-37-19120130" type="given" value="THOMAS"/>
<interp inst="def1-37-19120130" type="occupation" value="fish salesman"/>
<hi rend="largeCaps">GOUGH</hi>, Thomas (22, fish salesman)</persName>
<rs id="t19120130-37-offence-1" type="offenceDescription">
<interp inst="t19120130-37-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19120130-37-offence-1" type="offenceSubcategory" value="rape"/>, rape upon Ellen Simcox.</rs> Verdict:
<rs id="t19120130-37-verdict-1" type="verdictDescription">
<interp inst="t19120130-37-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19120130-37-verdict-1" type="verdictSubcategory" value=""/>Not guilty.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Friday, February 2.)</p> </div1>
<div1 type="trialAccount" id="t19120130-38">
<interp inst="t19120130-38" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-38" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-38-charge-1" targOrder="Y" targets="def1-38-19120130 t19120130-38-offence-1 t19120130-38-verdict-1"/>
<join result="criminalCharge" id="t19120130-38-charge-2" targOrder="Y" targets="def1-38-19120130 t19120130-38-offence-2 t19120130-38-verdict-1"/>
<join result="criminalCharge" id="t19120130-38-charge-3" targOrder="Y" targets="def1-38-19120130 t19120130-38-offence-3 t19120130-38-verdict-1"/>
<join result="criminalCharge" id="t19120130-38-charge-4" targOrder="Y" targets="def1-38-19120130 t19120130-38-offence-4 t19120130-38-verdict-1"/>
<p>
<persName id="def1-38-19120130" type="defendantName">
<interp inst="def1-38-19120130" type="gender" value="male"/>
<interp inst="def1-38-19120130" type="age" value="53"/>
<interp inst="def1-38-19120130" type="surname" value="BRANDES"/>
<interp inst="def1-38-19120130" type="given" value="WILHELM"/>
<interp inst="def1-38-19120130" type="occupation" value="engineer"/>
<hi rend="largeCaps">BRANDES</hi>, Wilhelm (53, engineer),</persName>
<rs id="t19120130-38-offence-1" type="offenceDescription">
<interp inst="t19120130-38-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19120130-38-offence-1" type="offenceSubcategory" value="forgery"/> forging and uttering, knowing the same to be forged, a certain endorsement on an order for the pay
<lb/>ment of money, to wit, a banker's cheque for £62 7s.;</rs>
<rs id="t19120130-38-offence-2" type="offenceDescription">
<interp inst="t19120130-38-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19120130-38-offence-2" type="offenceSubcategory" value="embezzlement"/>embezzling the several turns of £62 7s., £71 13s. 4d., and £110 7s. 9d., received by him for and on account of
<persName id="t19120130-name-191" type="victimName">
<interp inst="t19120130-name-191" type="gender" value="male"/>
<interp inst="t19120130-name-191" type="surname" value="GUILLIET"/>
<interp inst="t19120130-name-191" type="given" value="GERMAIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-38-offence-2 t19120130-name-191"/>Germain Guilliet</persName> and others, his masters;</rs>
<rs id="t19120130-38-offence-3" type="offenceDescription">
<interp inst="t19120130-38-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t19120130-38-offence-3" type="offenceSubcategory" value="stealingFromMaster"/>stealing the sum of £65, received by him for and on account of
<persName id="t19120130-name-192" type="victimName">
<interp inst="t19120130-name-192" type="gender" value="male"/>
<interp inst="t19120130-name-192" type="surname" value="GUILLIET"/>
<interp inst="t19120130-name-192" type="given" value="GERMAIN"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-38-offence-3 t19120130-name-192"/>Ger
<lb/>main Guilliet</persName> and others, his masters;</rs>
<rs id="t19120130-38-offence-4" type="offenceDescription">
<interp inst="t19120130-38-offence-4" type="offenceCategory" value="deception"/>
<interp inst="t19120130-38-offence-4" type="offenceSubcategory" value="fraud"/>unlawfully altering and falsify
<lb/>ingcertain papers and accounts, the property of his said employers, to wit, 28 weekly statements of the expenses of
<persName id="t19120130-name-193">
<interp inst="t19120130-name-193" type="gender" value="male"/>
<interp inst="t19120130-name-193" type="surname" value="MALKIN"/>
<interp inst="t19120130-name-193" type="given" value="ALBERT MORRIS"/>Albert Morris Malkin</persName>, in each case with intent to defraud.</rs> </p>
<xptr type="pageFacsimile" doc="191201300066"/>
<p>
<rs id="t19120130-38-verdict-1" type="verdictDescription">
<interp inst="t19120130-38-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120130-38-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>Prisoner pleaded guilty of falsifying accounts, which plea was accepted by the prosecution.</rs> </p>
<p>Prisoner was stated to have been manager, at a large income, of an English branch of a German company and to have embezzled their moneys. He was a man of great ability. He had! at first accused an innocent man of this crime, but had afterwards withdrawn that.</p>
<p>Sentence:
<rs id="t19120130-38-punishment-36" type="punishmentDescription">
<interp inst="t19120130-38-punishment-36" type="punishmentCategory" value="imprison"/>
<interp inst="t19120130-38-punishment-36" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-38-19120130 t19120130-38-punishment-36"/>Fifteen months' imprisonment, second division.</rs> The prosecution asked that prisoner should be ordered to pay the costs of the prosecution.</p>
<p>The Recorder refused, there being no evidence that prisoner had means.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE RENTOUL</hi>.</p>
<p>(Friday, February 2.)</p> </div1>
<div1 type="trialAccount" id="t19120130-39">
<interp inst="t19120130-39" type="uri" value="sessionsPapers/19120130"/>
<interp inst="t19120130-39" type="date" value="19120130"/>
<join result="criminalCharge" id="t19120130-39-charge-1" targOrder="Y" targets="def1-39-19120130 t19120130-39-offence-1 t19120130-39-verdict-1"/>
<p>
<persName id="def1-39-19120130" type="defendantName">
<interp inst="def1-39-19120130" type="gender" value="male"/>
<interp inst="def1-39-19120130" type="age" value="43"/>
<interp inst="def1-39-19120130" type="surname" value="BROOKES"/>
<interp inst="def1-39-19120130" type="given" value="WALTER"/>
<interp inst="def1-39-19120130" type="occupation" value="agent"/>
<hi rend="largeCaps">BROOKES</hi>, Walter (43, agent)</persName>
<rs id="t19120130-39-offence-1" type="offenceDescription">
<interp inst="t19120130-39-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120130-39-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, breaking and entering the counting-house of
<persName id="t19120130-name-195" type="victimName">
<interp inst="t19120130-name-195" type="gender" value="female"/>
<interp inst="t19120130-name-195" type="surname" value="NUTT"/>
<interp inst="t19120130-name-195" type="given" value="MARIE LOUISE"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-39-offence-1 t19120130-name-195"/>Marie Louise Nutt</persName> and stealing therein four 500 franc Ville de Paris Bonds, her property; breaking and entering the counting house of
<persName id="t19120130-name-196" type="victimName">
<interp inst="t19120130-name-196" type="gender" value="male"/>
<interp inst="t19120130-name-196" type="surname" value="JOHNSON"/>
<interp inst="t19120130-name-196" type="given" value="ALBERT GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19120130-39-offence-1 t19120130-name-196"/>Albert George Johnson</persName>, and stealing therein certain of his goods.</rs> </p>
<p>Mr. B.C. Ferrers prosecuted; Mr. David White defended.
<hi rend="smallCaps">CHARLES HENRY COLLINS</hi>. I am warehouseman and key holder in the employ of Mrs. Nutt, 59, Long Acre. On Tuesday, January 2, at 7.45 p.m., I fastened up the premises securely. Next morning I found an entry had been effected by forcing the street door and also the door in the passage; the desks had been interfered with in the shop, and cupboards and locks had been forced in Mrs. Nutt's office on the first floor.</p>
<p>Mr. White admitted that the premises had been entered, but su
<lb/>bmitted that there was no evidence to connect prisoner with that po
<lb/>rtion of the indictment, whereupon Mr. Ferrers elected to proceed with the count charging prisoner with being in possession of the property stolen.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120130-name-197" type="witnessName">
<interp inst="t19120130-name-197" type="gender" value="female"/>
<interp inst="t19120130-name-197" type="surname" value="NUTT"/>
<interp inst="t19120130-name-197" type="given" value="MARIE LOUISE"/>MARIE LOUISE NUTT</persName> </hi>, publisher and bookseller, 59, Long Acre. I was absent from London in January and returned about the 12th or 15th. On going to my business premises I found cupboards and drawers broken open, papers scattered about, and the French bonds, mentioned in the charge, missing.</p>
<p>Cross-examined. I cannot tell you the numbers of the bonds. The numbers were obtained from my stockbroker in Paris. He is not here today. Thousands of these bonds are issued. The police inquired of me if I had lost any bonds, but they did not tell me the numbers of the bonds they had, and when they asked me what the numbers of the bonds I had lost were I told them I did not know.</p>
<xptr type="pageFacsimile" doc="191201300067"/>
<p>Detective-sergeant
<hi rend="smallCaps">ALBERT CRUTCHETT</hi>, New Scotland Yard. On the evening of January 8 I, in company with other officers, was keeping observation on the "Highfield" public-house, Cathcart Road, South Kensington. I saw prisoner in the bar with three or four other men. I called him out and asked him if he had any property about him which did not belong to him. He said, "No." I told him I was a police officer and should search him. On doing so I found in his inside overcoat pocket the paper bag containing the bonds (produced). I asked him where he got them, and he said a man had just given them to him to mind.</p>
<p>Cross-examined. I received information from an officer named Keen, who was keeping watch inside the public-house, that prisoner had been seen with a parcel in his hand.</p>
<p>Detective-sergeant
<hi rend="smallCaps">WILLIAM KEEN</hi>, New Scotland Yard. On January 8 I saw prisoner inside the "Highfield" public-house examining a small parcel and also holding a whispered conversation with some other men. I informed Sergeant Crutchett, who afterwards arrested him, and found on him the bonds (produced).</p>
<p>Cross-examined. I did not see the parcel given to prisoner by anybody. I cannot remember whether he was talking to a man with a black moustache.</p>
<p>Detective-sergeant
<hi rend="smallCaps">ALFRED COLLINS</hi>. I was in charge of the case originally, and on hearing of the prisoner's arrest I ascertained that some bonds were missing from the premises which had been broken into. I asked the prosecutrix if she could give me the numbers of the bonds, but she could not do so, though she accurately described them. Subsequently she furnis