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<p>MARCH, 1912.</p>
<p>Vol. CLVI.] [Part 930</p>
<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>CROSBY, MAYOR.</p>
<p>SIXTH SESSION,</p>
<p>HELD MARCH 19TH, 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="191203190002"/>
<p>PRINTED BY</p>
<p>THE ARGUS PRINTING COMPANY, LIMITED,</p>
<p>10, TEMPLE AVENUE, LONDON, E.C.</p>
<xptr type="pageFacsimile" doc="191203190003"/>
<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, March 19th, 1912, and following days.</p>
<p>Before the Right Hon. Sir
<hi rend="largeCaps">
<persName id="t19120319-name-1" type="judiciaryName">
<interp inst="t19120319-name-1" type="gender" value="male"/>
<interp inst="t19120319-name-1" type="surname" value="CROSBY"/>
<interp inst="t19120319-name-1" type="given" value="THOMAS BOOR"/>THOMAS BOOR CROSBY</persName>, M.D., LORD MAYOR</hi> of the said City of London; the Hon. Sir
<persName id="t19120319-name-2" type="judiciaryName">
<interp inst="t19120319-name-2" type="gender" value="male"/>
<interp inst="t19120319-name-2" type="surname" value="HORRIDGE"/>
<interp inst="t19120319-name-2" type="given" value="THOMAS GARDNER"/>
<hi rend="smallCaps">THOMAS GARDNER HORRIDGE</hi> </persName>, Knight, one of the Justices of His Majesty's High Court; Sir
<hi rend="smallCaps">G. F. FAUDEL-PHILLIPS</hi>, Bart.; G.C.I.E.; Sir
<persName id="t19120319-name-3" type="witnessName">
<interp inst="t19120319-name-3" type="gender" value="male"/>
<interp inst="t19120319-name-3" type="surname" value="RITCHIE"/>
<interp inst="t19120319-name-3" type="given" value="JAMES"/>
<hi rend="smallCaps">JAMES T. RITCHIE</hi> </persName>, Bart.; Sir
<hi rend="smallCaps">
<persName id="t19120319-name-4" type="judiciaryName">
<interp inst="t19120319-name-4" type="gender" value="male"/>
<interp inst="t19120319-name-4" type="surname" value="BELL"/>
<interp inst="t19120319-name-4" type="given" value="JOHN CHARLES"/>JOHN CHARLES BELL</persName> </hi>, Bart.; The Rt. Hon. Sir T.
<hi rend="smallCaps">
<persName id="t19120319-name-5" type="judiciaryName">
<interp inst="t19120319-name-5" type="gender" value="male"/>
<interp inst="t19120319-name-5" type="surname" value="STRONG"/>
<interp inst="t19120319-name-5" type="given" value="VEZEY"/>VEZEY. STRONG</persName> </hi>, K.C.V.O.; Sir T.
<persName id="t19120319-name-6" type="judiciaryName">
<interp inst="t19120319-name-6" type="gender" value="male"/>
<interp inst="t19120319-name-6" type="surname" value="BOWATER"/>
<interp inst="t19120319-name-6" type="given" value="VANSITTABT"/>
<hi rend="smallCaps">VANSITTART BOWATER</hi> </persName>, Knight.; Sir
<hi rend="smallCaps">
<persName id="t19120319-name-7" type="judiciaryName">
<interp inst="t19120319-name-7" type="gender" value="male"/>
<interp inst="t19120319-name-7" type="surname" value="WOODMAN"/>
<interp inst="t19120319-name-7" type="given" value="GEORGE JOSEPH"/>GEORGE JOSEPH WOODMAN</persName> </hi>, Knight.; Aldermen of the said City; Sir
<persName id="t19120319-name-8" type="judiciaryName">
<interp inst="t19120319-name-8" type="gender" value="male"/>
<interp inst="t19120319-name-8" type="surname" value="FULTON"/>
<interp inst="t19120319-name-8" type="given" value="FORREST"/>
<hi rend="smallCaps">FORREST FULTON</hi> </persName>, Knight, K.C., Recorder of the said City; Sir
<persName id="t19120319-name-9" type="judiciaryName">
<interp inst="t19120319-name-9" type="gender" value="male"/>
<interp inst="t19120319-name-9" type="surname" value="BOSANQUET"/>
<interp inst="t19120319-name-9" type="given" value="FREDERICK ALBERT"/>
<hi rend="smallCaps">FK. ALBERT BOSANQUET</hi> </persName>, K.C., Common Serjeant of the said City; His Honour Judge
<hi rend="smallCaps">
<persName id="t19120319-name-10" type="judiciaryName">
<interp inst="t19120319-name-10" type="gender" value="male"/>
<interp inst="t19120319-name-10" type="surname" value="SMITH"/>
<interp inst="t19120319-name-10" type="given" value="LUMLEY"/>LUMLEY SMITH</persName> </hi>, K.C., Commissioner; and His Honour Judge
<hi rend="smallCaps">RENTOUL</hi>, K.C., Commissioner; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-11" type="judiciaryName">
<interp inst="t19120319-name-11" type="gender" value="male"/>
<interp inst="t19120319-name-11" type="surname" value="HANSON"/>
<interp inst="t19120319-name-11" type="given" value="CHARLES AUGUSTIN"/>CHARLES AUGUSTIN HANSON</persName> </hi>. Esq., Alderman,</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-12" type="judiciaryName">
<interp inst="t19120319-name-12" type="gender" value="male"/>
<interp inst="t19120319-name-12" type="surname" value="BRIGGS"/>
<interp inst="t19120319-name-12" type="given" value="GEORGE"/>GEORGE BRIGGS</persName> </hi>, Esq.,</p>
<p>
<hi rend="italic">Sheriffs</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-13" type="judiciaryName">
<interp inst="t19120319-name-13" type="gender" value="male"/>
<interp inst="t19120319-name-13" type="surname" value="LANGTON"/>
<interp inst="t19120319-name-13" type="given" value="JOSEPH DAVID"/>JOSEPH DAVID LANGTON</persName> </hi>, Esq.,</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-14" type="judiciaryName">
<interp inst="t19120319-name-14" type="gender" value="male"/>
<interp inst="t19120319-name-14" type="surname" value="SAWBRIDGE"/>
<interp inst="t19120319-name-14" 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>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">CROSBY, MAYOR. SIXTH SESSION</hi>.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE RECORDER</hi>.</p>
<p>(Tuesday, March 19.)</p> </div1>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p>
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<p>
<persName id="def1-1-19120319" type="defendantName">
<interp inst="def1-1-19120319" type="gender" value="male"/>
<interp inst="def1-1-19120319" type="surname" value="WALKER"/>
<interp inst="def1-1-19120319" type="given" value="WILLIAM HENRY"/>
<hi rend="largeCaps">WALKER</hi>, William Henry</persName>
<rs id="t19120319-1-verdict-1" type="verdictDescription">
<interp inst="t19120319-1-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-1-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-1-offence-1" type="offenceDescription">
<interp inst="t19120319-1-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120319-1-offence-1" type="offenceSubcategory" value="mail"/>, of stealing a postal packet containing three postal orders for 2s., 2s. 6d., and 3s., respect
<lb/>tively, the property of
<persName id="t19120319-name-16" type="victimName">
<interp inst="t19120319-name-16" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-1-offence-1 t19120319-name-16"/> His Majesty's Postmaster General.</persName> </rs> </p>
<p>Sentence:
<rs id="t19120319-1-punishment-1" type="punishmentDescription">
<interp inst="t19120319-1-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-1-punishment-1" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-1-19120319 t19120319-1-punishment-1"/>Nine months' hard labour</rs>.</p> </div1>
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<p>
<persName id="def1-2-19120319" type="defendantName">
<interp inst="def1-2-19120319" type="gender" value="male"/>
<interp inst="def1-2-19120319" type="age" value="33"/>
<interp inst="def1-2-19120319" type="surname" value="KYLE"/>
<interp inst="def1-2-19120319" type="given" value="SAMUEL WOODS"/>
<interp inst="def1-2-19120319" type="occupation" value="postman"/>
<hi rend="largeCaps">KYLE</hi>, Samuel Woods (33, postman)</persName>
<rs id="t19120319-2-verdict-1" type="verdictDescription">
<interp inst="t19120319-2-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-2-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-2-offence-1" type="offenceDescription">
<interp inst="t19120319-2-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120319-2-offence-1" type="offenceSubcategory" value="mail"/>, of stealing from a postal packet 11s. and three penny postage stamps, the pro
<lb/>perty of
<persName id="t19120319-name-18" type="victimName">
<interp inst="t19120319-name-18" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-2-offence-1 t19120319-name-18"/>His Majesty's Postmaster General</persName>, he being an officer of the Post Office.</rs> </p>
<p>Sentence:
<rs id="t19120319-2-punishment-2" type="punishmentDescription">
<interp inst="t19120319-2-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-2-punishment-2" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-2-19120319 t19120319-2-punishment-2"/>Nine months' hard labour</rs>.</p> </div1>
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<p>
<persName id="def1-3-19120319" type="defendantName">
<interp inst="def1-3-19120319" type="gender" value="male"/>
<interp inst="def1-3-19120319" type="age" value="29"/>
<interp inst="def1-3-19120319" type="surname" value="LARKINS"/>
<interp inst="def1-3-19120319" type="given" value="JOHN"/>
<interp inst="def1-3-19120319" type="occupation" value="labourer"/>
<hi rend="largeCaps">LARKINS</hi>, John (29, labourer)</persName>
<rs id="t19120319-3-offence-1" type="offenceDescription">
<interp inst="t19120319-3-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19120319-3-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counterfeit coin twice on the same day; unlawfully uttering counterfeit coin.</rs> </p>
<p>Mr. Beaumont Morice prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-20" type="witnessName">
<interp inst="t19120319-name-20" type="gender" value="female"/>
<interp inst="t19120319-name-20" type="surname" value="PAINE"/>
<interp inst="t19120319-name-20" type="given" value="DAISY"/>DAISY PAINE</persName> </hi>, barmaid, the "Lord Nelson," Manchester Road, E. About 9.30 a.m. on February 16 prisoner asked me for a penny glass of ale. I served him; he tendered 2s. piece (produced), which I tested with acid and found to be bad. I handed it to my mistress, Mrs. Day, and she told him it was bad. He said nothing, but paid for the drink with a good 3s. piece. I handed him back the bad coin, and he went out. On Tuesday, March 12, I picked prisoner out at the Thames Police Station from a row of nine other men as being the man who had tendered me the bad coin. I am quite sure he is the man.</p>
<p>Police-constable
<hi rend="smallCaps">JOHN BASSETT SMITH</hi>, 115 K. On February 16 the landlady of the "Lord Nelson" called to me and pointed out prisoner, who was about 50 yards away. I went up to him and said, "I am informed you have got bad coin." He took a 2s. piece out of his waist
<lb/>coat pocket, and said, "Yes; I must have got it in change for half a sovereign last evening." marked the coin with my initials, "J. B. S." (produced) I found on prisoner 1s. 6d. silver an 15d. bronze, good money. I too-k his name, "John Larkins," and his address, and let him go. On March 12 I picked him out from eight or nine other men as being the man.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-21" type="witnessName">
<interp inst="t19120319-name-21" type="gender" value="male"/>
<interp inst="t19120319-name-21" type="surname" value="LINDSAY"/>
<interp inst="t19120319-name-21" type="given" value="EDWARD"/>EDWARD LINDSAY</persName> </hi>, licensee, "White Thorn," Bromley, E. At about 11.15 a.m. on March 5 prisoner ordered a glass of ale and tobacco, 2d.</p>
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<p>I served him, and he handed me 2s. piece (produced), which I bent and found to be bad. I asked him what he bad got there. As he made no reply I repeated my words, and he asked me what I meant. I said, "The coin is bad." I then took the ale away. Prisoner said, "Do not take that away; I will pay for it." He then handed me another 2s. piece (produced), which I also found to be bad. He then ran away. I gave chase, and found him in a garden of a house in custody of a police-constable.</p>
<p>Police-constable
<hi rend="smallCaps">THOMAS BIRCH</hi>, 718 K. About 11.15 a.m. on March 5 I saw prisoner in the backyard of a house in Sherwood Street. I asked him what he was doing there. He said, "I came in here for a rest." Lindsay then came up and gave prisoner into custody. I found nothing on him. He said, "I had 2s. Id. when I entered the public-house."</p>
<p>Sergeant
<hi rend="smallCaps">HORACE TRAVERS</hi>, K Division. When charged prisoner said, "All right; I was drunk when I done it."</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-22" type="witnessName">
<interp inst="t19120319-name-22" type="gender" value="male"/>
<interp inst="t19120319-name-22" type="surname" value="SMITH"/>
<interp inst="t19120319-name-22" type="given" value="SIDNEY WILLIAM"/>SIDNEY WILLIAM SMITH</persName> </hi>, Assistant Assayer, H.M. Mint. The three florins (produced) are counterfeit; they are moderately well made.</p>
<p>Prisoner handed in the following written statement: The coin I passed at the "Lord Nelson" I did not know was bad. I afterwards sold a couple of razors for 2s. and received in payment the 2s. piece I tendered to Lindsay. I then gave him a penny to pay for the ale, and ran away because I did not want to be shown up in that neighbour
<lb/>hood where I am known. I did not tender him the other florin. He must have had that passed on to him, and he accused me of passing it to have his own back.</p>
<p>Verdict,
<rs id="t19120319-3-verdict-1" type="verdictDescription">
<interp inst="t19120319-3-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-3-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>,</p>
<p>Five previous convictions were proved of larceny, loitering, and assault. Prisoner was stated to have done casual work.</p>
<p>Sentence:
<rs id="t19120319-3-punishment-3" type="punishmentDescription">
<interp inst="t19120319-3-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-3-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-3-19120319 t19120319-3-punishment-3"/>Nine months' hard labour</rs>.</p> </div1>
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<p>
<persName id="def1-4-19120319" type="defendantName">
<interp inst="def1-4-19120319" type="gender" value="male"/>
<interp inst="def1-4-19120319" type="age" value="32"/>
<interp inst="def1-4-19120319" type="surname" value="HOW"/>
<interp inst="def1-4-19120319" type="given" value="HENRY THOMAS"/>
<interp inst="def1-4-19120319" type="occupation" value="cab-washer"/>
<hi rend="largeCaps">HOW</hi>, Henry Thomas (32, cab-washer)</persName>
<rs id="t19120319-4-verdict-1" type="verdictDescription">
<interp inst="t19120319-4-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-4-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-4-offence-1" type="offenceDescription">
<interp inst="t19120319-4-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19120319-4-offence-1" type="offenceSubcategory" value="bigamy"/>, of feloniously marrying
<persName id="t19120319-name-24" type="victimName">
<interp inst="t19120319-name-24" type="gender" value="female"/>
<interp inst="t19120319-name-24" type="surname" value="MARSHALL"/>
<interp inst="t19120319-name-24" type="given" value="FLORENCE GERTRUDE"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-4-offence-1 t19120319-name-24"/>Florence Gertrude Marshall</persName>, his former wife being then alive.</rs> </p>
<p>Prisoner was stated to have married his first wife in 1902, and pro
<lb/>secutrix in 1904. Prosecutrix stated that he had treated her well.</p>
<p>Sentence:
<rs id="t19120319-4-punishment-4" type="punishmentDescription">
<interp inst="t19120319-4-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-4-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-19120319 t19120319-4-punishment-4"/>One day's imprisonment</rs>.</p> </div1>
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<p>
<persName id="def1-5-19120319" type="defendantName">
<interp inst="def1-5-19120319" type="gender" value="male"/>
<interp inst="def1-5-19120319" type="age" value="24"/>
<interp inst="def1-5-19120319" type="surname" value="LEWIS"/>
<interp inst="def1-5-19120319" type="given" value="JOHN HAMILTON"/>
<interp inst="def1-5-19120319" type="occupation" value="furrier"/>
<hi rend="largeCaps">LEWIS</hi>, John Hamilton (24, furrier)</persName>
<rs id="t19120319-5-verdict-1" type="verdictDescription">
<interp inst="t19120319-5-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-5-offence-1" type="offenceDescription">
<interp inst="t19120319-5-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19120319-5-offence-1" type="offenceSubcategory" value="coiningOffences"/>, of unlawfully uttering counterfeit coin; unlawfully possessing counterfeit coin.</rs> </p>
<p>Prisoner was stated to be of very good character, to have lost his situation through illness and got into bad company. His late employer stated that he was ready to take him back.</p>
<p>Prisoner was
<rs id="t19120319-5-punishment-5" type="punishmentDescription">
<interp inst="t19120319-5-punishment-5" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19120319-5-punishment-5" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-5-19120319 t19120319-5-punishment-5"/>released on his own recognizances in £20 to come up for judgment if called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120319-6">
<interp inst="t19120319-6" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-6" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-6-charge-1" targOrder="Y" targets="def1-6-19120319 t19120319-6-offence-1 t19120319-6-verdict-1"/>
<p>
<persName id="def1-6-19120319" type="defendantName">
<interp inst="def1-6-19120319" type="gender" value="male"/>
<interp inst="def1-6-19120319" type="age" value="40"/>
<interp inst="def1-6-19120319" type="surname" value="BAKER"/>
<interp inst="def1-6-19120319" type="given" value="WILLIAM"/>
<interp inst="def1-6-19120319" type="occupation" value="traveller"/>
<hi rend="largeCaps">BAKER</hi>, William (40, traveller)</persName>
<rs id="t19120319-6-offence-1" type="offenceDescription">
<interp inst="t19120319-6-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19120319-6-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counterfeit coin: unlawfully possessing counterfeit coin; feloniously possessing a mould in and upon which was impressed the obverse and reverse sides of a sovereign.</rs> </p>
<p>Prisoner
<rs id="t19120319-6-verdict-1" type="verdictDescription">
<interp inst="t19120319-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-6-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>pleaded guilty of possessing a mould, which plea was accepted by the prosecution.</rs> </p>
<xptr type="pageFacsimile" doc="191203190007"/>
<p>Convictions proved: October 28, 1907, at this court, receiving 22 months' for housebreaking; bound over on January 5, 1903, at Lambeth Police Court for picking pockets. Prisoner stated that he had not used the mould, but intended to use it for making medals.</p>
<p>Sentence:
<rs id="t19120319-6-punishment-6" type="punishmentDescription">
<interp inst="t19120319-6-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-6-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-19120319 t19120319-6-punishment-6"/>Eighteen months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19120319-7">
<interp inst="t19120319-7" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-7" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-7-charge-1" targOrder="Y" targets="def1-7-19120319 t19120319-7-offence-1 t19120319-7-verdict-1"/>
<p>
<persName id="def1-7-19120319" type="defendantName">
<interp inst="def1-7-19120319" type="gender" value="male"/>
<interp inst="def1-7-19120319" type="age" value="54"/>
<interp inst="def1-7-19120319" type="surname" value="ARMSTRONG"/>
<interp inst="def1-7-19120319" type="given" value="JAMES"/>
<interp inst="def1-7-19120319" type="occupation" value="insurance manager"/>
<hi rend="largeCaps">ARMSTRONG</hi>, James (54, insurance manager)</persName>
<rs id="t19120319-7-verdict-1" type="verdictDescription">
<interp inst="t19120319-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-7-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-7-offence-1" type="offenceDescription">
<interp inst="t19120319-7-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19120319-7-offence-1" type="offenceSubcategory" value="fraud"/>, of, having received certain property, to wit, six banker's cheques for £317s. 6d., £5 16., £4 10s. 6d., £3 15s., £6 15s., and £6 15s. 6d. for and on account of the
<persName id="t19120319-name-28" type="victimName">
<interp inst="t19120319-name-28" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-7-offence-1 t19120319-name-28"/>British General Insurance Company, Limited</persName>, in order that he might pay the same to certain persons, unlawfully fraudulently converting the same to his own use and benefit; forging and uttering, knowing the same to be forged, the endorsements on the said cheques, with intent to defraud; forging and uttering, knowing the same to be forged, a certain receipt for the payment of £3 15s., with intent to defraud.</rs> </p>
<p>Prisoner was stated to have defrauded the British General Insurance Company, whose servant he was, in scores of cases, amounting in all to £1,246.</p>
<p>Sentence:
<rs id="t19120319-7-punishment-7" type="punishmentDescription">
<interp inst="t19120319-7-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-7-punishment-7" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-19120319 t19120319-7-punishment-7"/>Twelve months' hard labour.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE</hi>.
<hi rend="largeCaps">JUDGE LUMLEY SMITH</hi>.</p>
<p>(Tuesday, March 19.)</p> </div1>
<div1 type="trialAccount" id="t19120319-8">
<interp inst="t19120319-8" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-8" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-8-charge-1" targOrder="Y" targets="def1-8-19120319 t19120319-8-offence-1 t19120319-8-verdict-1"/>
<p>
<persName id="def1-8-19120319" type="defendantName">
<interp inst="def1-8-19120319" type="gender" value="male"/>
<interp inst="def1-8-19120319" type="age" value="35"/>
<interp inst="def1-8-19120319" type="surname" value="WHITE"/>
<interp inst="def1-8-19120319" type="given" value="THOMAS"/>
<interp inst="def1-8-19120319" type="occupation" value="baker"/>
<hi rend="largeCaps">WHITE</hi>, Thomas (35, baker)</persName>
<rs id="t19120319-8-verdict-1" type="verdictDescription">
<interp inst="t19120319-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-8-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-8-offence-1" type="offenceDescription">
<interp inst="t19120319-8-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19120319-8-offence-1" type="offenceSubcategory" value="coiningOffences"/>, of feloniously uttering counterfeit coin; unlawfully possessing other counterfeit.</rs> </p>
<p>Prisoner confessed to a conviction of possessing counterfeit coin on February 2, 1909, at this court, in the name of
<persName id="t19120319-name-30">
<interp inst="t19120319-name-30" type="gender" value="indeterminate"/>
<rs id="t19120319-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="t19120319-name-30 t19120319-alias-1"/>Thomas Brown</rs> </persName>. He was released on January 4, and this offence was committed in February.</p>
<p>Sentence: For the felony,
<rs id="t19120319-8-punishment-8" type="punishmentDescription">
<interp inst="t19120319-8-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-8-punishment-8" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19120319 t19120319-8-punishment-8"/>Three years' penal servitude</rs>; for the misdemeanour,
<rs id="t19120319-8-punishment-9" type="punishmentDescription">
<interp inst="t19120319-8-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-8-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-19120319 t19120319-8-punishment-9"/>One day's imprisonment.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120319-9">
<interp inst="t19120319-9" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-9" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-9-charge-1" targOrder="Y" targets="def1-9-19120319 t19120319-9-offence-1 t19120319-9-verdict-1"/>
<join result="criminalCharge" id="t19120319-9-charge-2" targOrder="Y" targets="def1-9-19120319 t19120319-9-offence-2 t19120319-9-verdict-2"/>
<p>
<persName id="def1-9-19120319" type="defendantName">
<interp inst="def1-9-19120319" type="gender" value="male"/>
<interp inst="def1-9-19120319" type="age" value="60"/>
<interp inst="def1-9-19120319" type="surname" value="GODSELL"/>
<interp inst="def1-9-19120319" type="given" value="GEORGE"/>
<interp inst="def1-9-19120319" type="occupation" value="horsekeeper"/>
<hi rend="largeCaps">GODSELL</hi>, George (60, horsekeeper)</persName>
<rs id="t19120319-9-offence-1" type="offenceDescription">
<interp inst="t19120319-9-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t19120319-9-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering a counterfeit coin to
<persName id="t19120319-name-32" type="victimName">
<interp inst="t19120319-name-32" type="gender" value="male"/>
<interp inst="t19120319-name-32" type="surname" value="RICKARD"/>
<interp inst="t19120319-name-32" type="given" value="LEONARD"/>
<interp inst="t19120319-name-32" type="occupation" value="barman"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-9-offence-1 t19120319-name-32"/>Leonard Rickard</persName> on
<rs id="t19120319-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19120319-9-offence-1 t19120319-cd-1"/>March 5</rs>.</rs> </p>
<p>Mr. Wilkinson prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-33" type="witnessName">
<interp inst="t19120319-name-33" type="gender" value="male"/>
<interp inst="t19120319-name-33" type="surname" value="RICKARD"/>
<interp inst="t19120319-name-33" type="given" value="LEONARD"/>LEONARD RICKARD</persName> </hi>, barman, "Newcastle Arms," Cubitt Town. On March 5, at 7.10 a.m., prisoner came in and ordered three-ha'porth of rum and a penny screw of shag; he put down a 2s. piece; I was doubt
<lb/>ful about it and told him to wait. Having tested the coin and found it was bad I sent for the police and prisoner was arrested.</p>
<p>Prisoner. I don't remember anything about it. I was in drink at the time.</p>
<p>Witness. He was not in drink.</p>
<p>Police-constable
<hi rend="smallCaps">ALFRED TYSON</hi>, 282 K. I was called in by last Stress. I asked prisoner if fie knew why he was being detained and he said "Yes." I was handed by Rickard this counterfeit florin. Upon searching prisoner I found on him 1 1/2 d. in bronze; no counter
<lb/>fei coin.</p>
<xptr type="pageFacsimile" doc="191203190008"/>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-34" type="witnessName">
<interp inst="t19120319-name-34" type="gender" value="male"/>
<interp inst="t19120319-name-34" type="surname" value="SMITH"/>
<interp inst="t19120319-name-34" type="given" value="SIDNEY WILLIAM"/>SIDNEY WILLIAM SMITH</persName> </hi>, Assistant Assayer, H.M. Mint. The florin (produced) is counterfeit.</p>
<p>Judge Lumley Smith pointed out that there was no evidence that prisoner knew that the coin he tendered was false.</p>
<p>Verdict,
<rs id="t19120319-9-verdict-1" type="verdictDescription">
<interp inst="t19120319-9-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19120319-9-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<p>Prisoner was further indicted
<rs id="t19120319-9-offence-2" type="offenceDescription">
<interp inst="t19120319-9-offence-2" type="offenceCategory" value="royalOffences"/>
<interp inst="t19120319-9-offence-2" type="offenceSubcategory" value="coiningOffences"/>for uttering a counterfeit coin to
<persName id="t19120319-name-35" type="victimName">
<interp inst="t19120319-name-35" type="gender" value="male"/>
<interp inst="t19120319-name-35" type="surname" value="WHINNINGTON"/>
<interp inst="t19120319-name-35" type="given" value="FRANK"/>
<interp inst="t19120319-name-35" type="occupation" value="barman"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-9-offence-2 t19120319-name-35"/>Frank Whinnington</persName> on
<rs id="t19120319-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19120319-9-offence-2 t19120319-cd-2"/>March 5</rs>, and on the same day uttering a counterfeit coin to
<persName id="t19120319-name-36" type="victimName">
<interp inst="t19120319-name-36" type="gender" value="male"/>
<interp inst="t19120319-name-36" type="surname" value="RICKARD"/>
<interp inst="t19120319-name-36" type="given" value="LEONARD"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-9-offence-2 t19120319-name-36"/>Leonard Rickard</persName>; uttering on
<rs id="t19120319-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t19120319-9-offence-2 t19120319-cd-3"/>December 16</rs> to
<persName id="t19120319-name-37" type="victimName">
<interp inst="t19120319-name-37" type="gender" value="male"/>
<interp inst="t19120319-name-37" type="surname" value="HEWITT"/>
<interp inst="t19120319-name-37" type="given" value="HENRY"/>
<interp inst="t19120319-name-37" type="occupation" value="publican"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-9-offence-2 t19120319-name-37"/>Henry Hewitt</persName> a counterfeit florin.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-38" type="witnessName">
<interp inst="t19120319-name-38" type="gender" value="male"/>
<interp inst="t19120319-name-38" type="surname" value="WHINNINGTON"/>
<interp inst="t19120319-name-38" type="given" value="FRANK"/>FRANK WHINNINGTON</persName> </hi>, barman, "Pier" tavern, Manchester Road, Cubitt Town. On March 5, about 6.45 a.m., prisoner came in and asked for three-ha'porth of rum and a penny screw of shag; he put down a 2s. piece and I gave him 1s. 9 1/2 d. change. An hour after he had left I examined the florin and found it was bad. Later on I picked out prisoner from a number of men. My place is about six minutes' walk from the "Newcastle Arms."</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-39" type="witnessName">
<interp inst="t19120319-name-39" type="gender" value="male"/>
<interp inst="t19120319-name-39" type="surname" value="RICKARDS"/>
<interp inst="t19120319-name-39" type="given" value="LEONARD"/>LEONARD RICKARDS</persName> </hi> repeated the evidence he gave upon the former indictment. (This witness's evidence was admitted upon this indict
<lb/>ment as showing guilty knowledge.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-40" type="witnessName">
<interp inst="t19120319-name-40" type="gender" value="male"/>
<interp inst="t19120319-name-40" type="surname" value="HEWITT"/>
<interp inst="t19120319-name-40" type="given" value="HENRY"/>HENRY HEWITT</persName> </hi>, landlord of the "Robert Burns," Westferry Road, Millwall. On December 16, about 7 a.m., prisoner came in and asked for two of rum; he put down a florin; I gave him the change, and he left hurriedly. The coin was bad. On March 5 I picked out prisoner from a number of men.</p>
<p>Police-constable
<hi rend="smallCaps">ALBERT TOOLES</hi>, 371 K. On December 16 I was on duty at the Isle of Dogs Police Station, about 7.30 a.m., when Hewitt came and handed me this florin.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-41" type="witnessName">
<interp inst="t19120319-name-41" type="gender" value="male"/>
<interp inst="t19120319-name-41" type="surname" value="SMITH"/>
<interp inst="t19120319-name-41" type="given" value="SIDNEY WILLIAM"/>SIDNEY WILLIAM SMITH</persName> </hi>. The three florins (produced) are counterfeit. The two uttered on March 5 are of the same mould.</p>
<p>Prisoner (not on oath) declared that on December 15 he slept at a lodging-house at Walworth and did not leave there till 8.50 a.m. on the 16th.</p>
<p>Verdict,
<rs id="t19120319-9-verdict-2" type="verdictDescription">
<interp inst="t19120319-9-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-9-verdict-2" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Prisoner had been previously convicted of a coinage offence, but for the past ten years there was nothing against him.</p>
<p>Sentence:
<rs id="t19120319-9-punishment-10" type="punishmentDescription">
<interp inst="t19120319-9-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-9-punishment-10" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-19120319 t19120319-9-punishment-10"/>Six months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19120319-10">
<interp inst="t19120319-10" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-10" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-10-charge-1" targOrder="Y" targets="def1-10-19120319 t19120319-10-offence-1 t19120319-10-verdict-1"/>
<p>
<persName id="def1-10-19120319" type="defendantName">
<interp inst="def1-10-19120319" type="gender" value="male"/>
<interp inst="def1-10-19120319" type="age" value="26"/>
<interp inst="def1-10-19120319" type="surname" value="HUGHES"/>
<interp inst="def1-10-19120319" type="given" value="ALFRED"/>
<interp inst="def1-10-19120319" type="occupation" value="printer"/>
<hi rend="largeCaps">HUGHES</hi>, Alfred (26, printer)</persName>
<rs id="t19120319-10-offence-1" type="offenceDescription">
<interp inst="t19120319-10-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19120319-10-offence-1" type="offenceSubcategory" value="forgery"/>, forging and uttering a banker's cheque for the payment of the sum of £60 11s., with intent to defraud the
<persName id="t19120319-name-43" type="victimName">
<interp inst="t19120319-name-43" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-10-offence-1 t19120319-name-43"/>London Joint Stock Bank, Limited</persName>; stealing the said cheque, the property of
<persName id="t19120319-name-44" type="victimName">
<interp inst="t19120319-name-44" type="gender" value="male"/>
<interp inst="t19120319-name-44" type="surname" value="BOWDEN"/>
<interp inst="t19120319-name-44" type="given" value="CHARLES"/>
<interp inst="t19120319-name-44" type="occupation" value="builder"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-10-offence-1 t19120319-name-44"/>Charles Bowden</persName>; receiving the said cheque knowing it to have been stolen.</rs> </p>
<p>Mr. Muir and Mr. Briggs prosecuted.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-45" type="witnessName">
<interp inst="t19120319-name-45" type="gender" value="male"/>
<interp inst="t19120319-name-45" type="surname" value="BOWDEN"/>
<interp inst="t19120319-name-45" type="given" value="CHARLES"/>CHARLES BOWDEN</persName> </hi>, builder, 79, Elizabeth Street, S.W. I have an account with the London Joint Stock Bank, Limited, 24, Buckingham Palace Road, and they issue to me bearer cheques crossed with a rubber. stamp. On March 7 I made out this cheque (Exhibit 1) for £1 11s., striking out the word "Bearer" and substituting "Order." I handed it to Mr. Kennedy, my accountant, for checking and postage. It has now been altered to £61 11s., and the crossing, the stroke through "Bearer" and the word "Order" have been removed.</p>
<xptr type="pageFacsimile" doc="191203190009"/>
<p>None of the alterations have been made with my authority. The three blots and the long dash are not mine. "Pound" has also been altered to "Pounds."</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-46" type="witnessName">
<interp inst="t19120319-name-46" type="gender" value="male"/>
<interp inst="t19120319-name-46" type="surname" value="KENNEDY"/>
<interp inst="t19120319-name-46" type="given" value="HENRY"/>HENRY KENNEDY</persName> </hi>, accountant, Charles Bowden and Co. On March 7 I was handed this cheque to check and post. I posted it to the Arts Pavement Company, to whom it is payable, at a pillar-box at the corner of Chester Square, S.W. The endorsement it now bears was not on it then.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-47" type="witnessName">
<interp inst="t19120319-name-47" type="gender" value="male"/>
<interp inst="t19120319-name-47" type="surname" value="LEE"/>
<interp inst="t19120319-name-47" type="given" value="SAMUEL"/>SAMUEL LEE</persName> </hi>, cashier, Arts Pavements and Decorations, Limited, 9, Emerald Street, Theobalds Road. We never received this cheque by post either on March 7 or 8. I do not know the writing of the endorse
<lb/>ment "T. H. Henderson, Manager," and the name of my company; there is no person of that name in our employ. No person had authority to endorse it in that way. So far as I know, our letter-box is all right; there is no trace of it having been tampered with. We missed no other letters about that date.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-48" type="witnessName">
<interp inst="t19120319-name-48" type="gender" value="male"/>
<interp inst="t19120319-name-48" type="surname" value="FIELDER"/>
<interp inst="t19120319-name-48" type="given" value="JOHN"/>JOHN FIELDER</persName> </hi>, head cashier, London Joint Stock Bank, Limited, 24, Buckingham Palace Road. At 2.30 p.m. on March 8 prisoner presented this cheque. I examined it carefully and noticed that the crossing had been obliterated and that the figures had been altered. I communicated with the manager, who asked prisoner to step into his room. I had told prisoner that I noticed the crossing had been taken out, and he said he knew nothing at all about it. The manager asked him where he came from, and he said, "The Arts Pavement Company." He was asked if they had sent him to get the cash for them, and he said, "Yes." He was asked where the Arts Pavement Company was, and he hesitated somewhat. The manager said, "Surely you know where it is?" He then said, "Oh, in Gray's Inn Road; or at least the man who sent me with the cheque said it was." The manager said, "Who sent you?" He said, "A man who stands outside the 'Cranbourn' in Leicester Square for four or five hours every day. He is a bookmaker. "We asked him if he could identify him, and he said, "Yes." I asked him how he intended to take the money for the cheque, and he said, "In seven small notes and the rest in gold." He produced this piece of paper (produced), and said, "I have written it down here. I was told to write it down so that I should make no mistake." I may say that while I was examining the cheque he was writing something, but I cannot say what it was. We communicated with the drawer and the payee, and having got certain information from them we sent for the police.</p>
<p>Detective-constable
<hi rend="smallCaps">GREGOR CAMERON</hi>, A Division. At 3.45 p.m. on March 8 I was called to the Victoria branch of the London Joint Stock Bank, where the manager made a statement to me and handed me Ex
<lb/>hibit 1. I said to prisoner, "Where did you get this cheque from?" He said, "I got it from a man they call" Harry who stands outside the 'Cranbourn' public-house." I said, "What dealings have you had with that man to get a cheque for this amount?" and he said, "I won't tell you any more. You find out." I then took him to the station. On the way, at the corner of Francis Street, I was suddenly seized from behind by a man, and two other men rushed in front from behind</p>
<xptr type="pageFacsimile" doc="191203190010"/>
<p>took hold of prisoner and tried to get him away. One of them shouted, "Have a b—go for it, Alf! We are all with you!" The other threw himself on me and we both fell to the ground. On getting up to my feet I pulled prisoner up and he struck me on the nose with his right fist, causing me to fall. I took him with me, he being on top. The others managed to free him, and as he was getting up he hit me behind the ear and said, "Take that, you German ponce." He then ran away. I freed myself from the others and ran after him, and rearrested him in the Vauxhall Bridge Road. I took him to the station. On the forgery charge being read over to him he said, "I did not know it was forged. Put yourself in my place. Wouldn't you have had a go for it when you knew it was a 'dud'?" On searching him I found this style pen and 3d. in bronze. He gave the address "16, Murphy Street." I went there, but failed to trace him. I have tried to trace "Harry," but have failed.</p>
<p>Cross-examined by prisoner. You also had a card case on you. I did not see a penknife on you.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-49" type="witnessName">
<interp inst="t19120319-name-49" type="gender" value="male"/>
<interp inst="t19120319-name-49" type="surname" value="HUGHES"/>
<interp inst="t19120319-name-49" type="given" value="ALFRED"/>ALFRED HUGHES</persName> </hi> (prisoner, on oath). About 11 a.m. on the Friday morning I was walking past the "Cranbourn," when I met this book-maker, whom I knew as "Harry." I have been 'in London about six months and have had several bets with him. He asked me to go in and have a drink and I went. He asked me if I would do a little business for him and I said I would. He then asked me to cash this cheque and told me to write on the paper how to draw it. He gave me 3d. for my 'bus fare and told me where to go to. When I was asked by the manager I told him that the man had told me to say I came from the Arts Pavement Company, which was true. When the other fellows came up it was not me who struck the policeman.</p>
<p>Cross-examined. I belong to Manchester. I do not know who the three men that came up were. I never heard what they said. They were men off the building and they thought me and the constable were having a fight. I cannot account for their knowing my name. I was struggling with the policeman at the time and he was in plain clothes. I have known "Harry" about six months. I had not a penny in my pocket when I met him on this occasion and he knew it. I cannot say why he should trust me with a cheque for £60. I did say, in effect, what the policeman has said, but I did not use the word "dud." I am a printer by trade, but I have not been working this past year. I did not look at the cheque at all before cashing it. I had no idea at ail why the Arts Pavement Company should give "Harry" a cheque for such an amount.</p>
<p>Verdict,
<rs id="t19120319-10-verdict-1" type="verdictDescription">
<interp inst="t19120319-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-10-verdict-1" type="verdictSubcategory" value="lesserOffence"/>Guilty of uttering.</rs> </p>
<p>Judge Lumley Smith, on being informed that Detective-constable Cameron had not been seriously hurt in consequence of the prisoner's alleged assault upon him, stated that he did not think it necessary that the prosecution should proceed with the indictment of assault.</p>
<xptr type="pageFacsimile" doc="191203190011"/>
<p>Mr. Muir asked that sentence should be postponed till next sessions, stating that by that time more might be known about prisoner and the other persons who were assisting him on this occasion.</p>
<p>
<rs id="t19120319-10-punishment-11" type="punishmentDescription">
<interp inst="t19120319-10-punishment-11" type="punishmentCategory" value="noPunish"/>
<interp inst="t19120319-10-punishment-11" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-10-19120319 t19120319-10-punishment-11"/>Judge Lumley Smith took this course, stating that, in any case, the sentence would be over three months, so that the prisoner's position would not be prejudiced by the postponement.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120319-11">
<interp inst="t19120319-11" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-11" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-11-charge-1" targOrder="Y" targets="def1-11-19120319 t19120319-11-offence-1 t19120319-11-verdict-1"/>
<p>
<persName id="def1-11-19120319" type="defendantName">
<interp inst="def1-11-19120319" type="gender" value="male"/>
<interp inst="def1-11-19120319" type="age" value="34"/>
<interp inst="def1-11-19120319" type="surname" value="PROCTOR"/>
<interp inst="def1-11-19120319" type="given" value="CHARLES"/>
<interp inst="def1-11-19120319" type="occupation" value="dairyman"/>
<hi rend="largeCaps">PROCTOR</hi>, Charles (34, dairyman)</persName>
<rs id="t19120319-11-verdict-1" type="verdictDescription">
<interp inst="t19120319-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-11-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-11-offence-1" type="offenceDescription">
<interp inst="t19120319-11-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19120319-11-offence-1" type="offenceSubcategory" value="fraud"/>, of, having been entrusted with certain property, to wit, £99 10s., in order that he might apply the same for a certain purpose, unlawfully and fraudu
<lb/>lently converting the same to his own use.</rs> </p>
<p>Prisoner, who, it was stated, had previously borne an excellent character, had absconded with moneys given to him by the prosecutrix, to whom he was engaged, for the purpose of buying a dairy business which they intended carrying on when they were married. He was arrested a month afterwards at Cardiff and £30 of the money had been recovered. The prosecutrix had made arrangements to marry him on his release. Prisoner stated that he had lost his self-control on obtain
<lb/>ing possession of the money and went to Portsmouth; he had been desirous of returning the money to the prosecutrix, but did not know her address. He stated that he was willing that the balance found upon him should be handed to her, and Judge Lumley Smith
<rs id="t19120319-11-punishment-12" type="punishmentDescription">
<interp inst="t19120319-11-punishment-12" type="punishmentCategory" value="noPunish"/>
<interp inst="t19120319-11-punishment-12" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-19120319 t19120319-11-punishment-12"/>post
<lb/>poned sentence to enable this to be done.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120319-12">
<interp inst="t19120319-12" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-12" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-12-charge-1" targOrder="Y" targets="def1-12-19120319 t19120319-12-offence-1 t19120319-12-verdict-1"/>
<p>
<persName id="def1-12-19120319" type="defendantName">
<interp inst="def1-12-19120319" type="gender" value="male"/>
<interp inst="def1-12-19120319" type="age" value="22"/>
<interp inst="def1-12-19120319" type="surname" value="GARDNER"/>
<interp inst="def1-12-19120319" type="given" value="CHARLES"/>
<interp inst="def1-12-19120319" type="occupation" value="butcher"/>
<hi rend="largeCaps">GARDNER</hi>, Charles (22, butcher)</persName>
<rs id="t19120319-12-offence-1" type="offenceDescription">
<interp inst="t19120319-12-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120319-12-offence-1" type="offenceSubcategory" value="burglary"/>, burglary in the dwelling-house of
<persName id="t19120319-name-52" type="victimName">
<interp inst="t19120319-name-52" type="gender" value="male"/>
<interp inst="t19120319-name-52" type="surname" value="HEAP"/>
<interp inst="t19120319-name-52" type="given" value="HARRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-12-offence-1 t19120319-name-52"/>Harry Heap</persName> and stealing therein three bunches of keys and two blouses and the sum of 12s. 6d., his goods and moneys; burglary in the dwelling-house of
<persName id="t19120319-name-53" type="victimName">
<interp inst="t19120319-name-53" type="gender" value="male"/>
<interp inst="t19120319-name-53" type="surname" value="ELDER"/>
<interp inst="t19120319-name-53" type="given" value="ALEC"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-12-offence-1 t19120319-name-53"/>Alec Elder</persName> and stealing therein four rings and other articles, his goods; burglary in the dwelling-house of
<persName id="t19120319-name-54" type="victimName">
<interp inst="t19120319-name-54" type="gender" value="male"/>
<interp inst="t19120319-name-54" type="surname" value="GARDNER"/>
<interp inst="t19120319-name-54" type="given" value="ROBERT IRVINE"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-12-offence-1 t19120319-name-54"/>Robert Irvine Gardner</persName> and stealing therein one pair of candlesticks and other articles, his goods.</rs> </p>
<p>Prisoner
<rs id="t19120319-12-verdict-1" type="verdictDescription">
<interp inst="t19120319-12-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-12-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>pleaded guilty to the indictment relating to Heap</rs> and confessed to a previous conviction of felony at the Newington Sessions on September 21, 1909. Seven previous convictions, dating from 1905, were proved; he was released from his last sentence in July, 1910. He had stated that he was a butcher working at Smithfield Market, but had declined to state for whom he had been working. He declared that he knew nothing about the proceeds of the other two burglaries. (The indictments as to these are to remain on the file of the Court.)</p>
<p>Sentence (March 22):
<rs id="t19120319-12-punishment-13" type="punishmentDescription">
<interp inst="t19120319-12-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-12-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-12-19120319 t19120319-12-punishment-13"/>Fifteen months' hard labour.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">MR. JUSTICE HORRIDGE</hi>.</p>
<p>(Wednesday, March 20.)</p> </div1>
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<interp inst="t19120319-13" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-13" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-13-charge-1" targOrder="Y" targets="def1-13-19120319 t19120319-13-offence-1 t19120319-13-verdict-1"/>
<p>
<persName id="def1-13-19120319" type="defendantName">
<interp inst="def1-13-19120319" type="gender" value="female"/>
<interp inst="def1-13-19120319" type="age" value="24"/>
<interp inst="def1-13-19120319" type="surname" value="ESLICK"/>
<interp inst="def1-13-19120319" type="given" value="ELEANOR"/>
<interp inst="def1-13-19120319" type="occupation" value="tailoress"/>
<hi rend="largeCaps">ESLICK</hi>, Eleanor (24, tailoress)</persName>
<rs id="t19120319-13-offence-1" type="offenceDescription">
<interp inst="t19120319-13-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t19120319-13-offence-1" type="offenceSubcategory" value="infanticide"/>, wilful murder of her newly-born male child.</rs> </p>
<p>Mr. Leycester and Mr. Adrian Clark prosecuted; Mr. Pendry Oliver defended.</p>
<xptr type="pageFacsimile" doc="191203190012"/>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-56" type="witnessName">
<interp inst="t19120319-name-56" type="gender" value="female"/>
<interp inst="t19120319-name-56" type="surname" value="PEGG"/>
<interp inst="t19120319-name-56" type="given" value="GEORGINA"/>GEORGINA PEGG</persName> </hi>, wife of Harold Pegg, 3, Dungerry House, Foley Street, W. I have known prisoner since Easter of last year; she is a tailoress. On February 6 I saw her at 10, Ogle Street, where she occupies a back room. I do not think she has any relations in Lon
<lb/>don. She was doing very little work at the time. She said, "I have pains in my stomach; I think it is cramp "; she was in bed. She had no fire and very little food. At my invitation she came to my place, where she stayed a few hours and then returned. She said nothing about being pregnant. I saw her the next day when she again com
<lb/>plained of pains in her stomach; she said nothing about pregnancy. She left me early in the evening and returned at 11.30. I gave her some coals and food and turpentine for the pains. On the 8th, at about 11 a.m., I went to see her. She said the pains had gone and she thought the turpentine had done it. She said she would not get up, although I told her if the pains had gone she ought to go to work. The floor was all wet through the rain having come through the sky
<lb/>light. At her request I later on sent her round some food. I went again at 4.15 p.m., when she asked me to keep her a few days. I said I could not, but offered to send for her mother or the relieving officer. She said she did not want anybody and commenced to sob; she said she thought she had got to be there for a day or two as she did not feel well enough to get up. She asked me if I could keep a secret. I said, "What is the secret?" She said, "I have given birth to a little boy this morning at a quarter to seven." I said, "Where is it?" She said, "Under the bed in brown paper." I said, "Was it healthy?" and she said, "It was snuffling at the nose and its mouth wanted washing out." I said, "Was it breathing?" and she said "Yes." I said, "Is—it alive now?" She said "No, it is dead." I asked to see it and she said, "No, it is too terrible "; she was sobbing. She said, "I thought of the string on the wall. "Then she asked me if I would give her some more food and I left. She showed me her stomach and I saw it was very blistered through the turpentine.</p>
<p>Cross-examined. She had no coal or food except what I gave her. On the morning of the 8th she looked very ill and she was very ex
<lb/>cited; she talked a good deal to herself and rather frightened me. It was that that roused my suspicions.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-57" type="witnessName">
<interp inst="t19120319-name-57" type="gender" value="female"/>
<interp inst="t19120319-name-57" type="surname" value="PHILLIPS"/>
<interp inst="t19120319-name-57" type="given" value="ELLEN"/>ELLEN PHILLIPS</persName> </hi>, parlour-maid, 3, Dungerry House, Foley Street. I have known prisoner since last September. About 1.45 p.m. I went to see her, she was in bad and seemed ill. I asked her how she was and she said she was feeling better and that her monthly turns had come on and she expected that that was why she had the pains before. I gave her some food and cleaned up her room. In emptying the slops I noticed there were stains of blood on the wash-stand; the sheets were also stained with blood. She did not tell me then that she had had a baby that morning and I saw no body. Afterwards, from something I had heard, I fetched Dr. Brown about 7.30 p.m. I accompanied him into her room and she said, "Who</p>
<xptr type="pageFacsimile" doc="191203190013"/>
<p>sent the doctor here?" I pretended I did not know. I left him with her. When he went I returned to her and she again asked me who had sent the doctor and I again pretended I did not know. She then said, "Had Georgina done what I asked her I would have got over it all right, as gipsies and poor people never have doctors in such cases."</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-58" type="witnessName">
<interp inst="t19120319-name-58" type="gender" value="male"/>
<interp inst="t19120319-name-58" type="surname" value="BROWN"/>
<interp inst="t19120319-name-58" type="given" value="HARRY"/>HARRY BROWN</persName> </hi>, registered medical practitioner, 36a, New Cavendish Street. I have also a surgery at 3, Candover Street. At 7.30 p.m. on February 8 I was called by the last witness and I went to 10, Ogle Street; I found prisoner lying on a couch. She was very distressed and asked who had sent for me and why I had been brought there. I told her that I knew what was the matter. The last witness then went out of the room. She was sobbing and her sentences were more or less disjointed. She said, "You don't know what I have done. I had a baby this morning. I put a piece of string round its neck. It was alive. It is under the bed." I there found a brown paper pack
<lb/>age in which I found the dead body of a male child with the after
<lb/>birth detached; the cord had been cut and roughly tied with a piece of thread. Twice round the neck there were tied a piece of tape-like material and a piece of thread; there was a double knot. I was pre
<lb/>sent at the post-mortem and in my opinion the cause of death was asphyxia caused by the tape. Dr. Rose and I formed the opinion that the child had had a separate existence. There was a very extensive injury to the skull, which I should say was caused before death and possibly might have caused the death itself; it might have been caused by the child falling on the floor at birth.</p>
<p>Cross-examined. To the best of my opinion the tape was not put round the neck after death. Apart from the child falling on; he floor there is a possibility of the injury to the skull being caused inside the pelvis; the bones of the head are very easily injured. It is possible that the lungs may be expanded before complete delivery (provided it is a natural head presentation), and that the child might fall on to the floor and inflict the injury to the skull, thus causing death. It is pos
<lb/>sible that the child might have been dying from this injury at the time the tape was put round the neck, but I do not think it could have been dead, although I do not say that is impossible. I did not hear anything a-bout the previous history of the case. She was a very muscular and well-developed woman, and she did not look more worn than one would expect under the circumstances. When confine
<lb/>ment comes on women frequently suffer from temporary insanity and they have been known to suffer from delusions; if a woman were having her first confinement by herself I think those circumstances might send to make her do things without realising what she was doing.</p>
<p>
<hi rend="smallCaps">MR. JUSTICE HORRIDGE</hi> stated that in view of the medical evidence that death might have been caused by accidental fracture in the act of delivery, it would not be safe in his opinion for the jury to return a verdict of guilty on the capital charge.</p>
<p>Prisoner then
<rs id="t19120319-13-verdict-1" type="verdictDescription">
<interp inst="t19120319-13-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-13-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>pleaded guilty to attempted concealment of birth, and the jury in accordance with his Lordship's direction returned a verdict to that effect.</rs> </p>
<xptr type="pageFacsimile" doc="191203190014"/>
<p>Mr.
<hi rend="smallCaps">OLIVER</hi> urged in mitigation of the sentence that prisoner did not know what she was doing in concealing the body as she did.</p>
<p>Dr.
<hi rend="smallCaps">BROWN</hi>, recalled by the Court on this point, stated that pri
<lb/>soner appeared to him when he saw her to be in a healthy condition mentally, but she did not seem to realise the seriousness of her posi
<lb/>tion, although she certainly knew that what she was doing was wrong.</p>
<p>Sentence:
<rs id="t19120319-13-punishment-14" type="punishmentDescription">
<interp inst="t19120319-13-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-13-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-13-19120319 t19120319-13-punishment-14"/>Four months' imprisonment</rs>. The Court Missionary, Mr. Scott-France, was requested to see prisoner on her release.</p> </div1>
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<interp inst="t19120319-14" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-14" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-14-charge-1" targOrder="Y" targets="def1-14-19120319 t19120319-14-offence-1 t19120319-14-verdict-1"/>
<p>
<persName id="def1-14-19120319" type="defendantName">
<interp inst="def1-14-19120319" type="gender" value="female"/>
<interp inst="def1-14-19120319" type="age" value="45"/>
<interp inst="def1-14-19120319" type="surname" value="PITFIELD"/>
<interp inst="def1-14-19120319" type="given" value="EILEN"/>
<interp inst="def1-14-19120319" type="occupation" value="nurse"/>
<hi rend="largeCaps">PITFIELD</hi>, Eilen (45, nurse)</persName>
<rs id="t19120319-14-verdict-1" type="verdictDescription">
<interp inst="t19120319-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-14-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-14-offence-1" type="offenceDescription">
<interp inst="t19120319-14-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t19120319-14-offence-1" type="offenceSubcategory" value="other"/>, of feloniously setting fire to a basket containing shavings and other things at the General Post Office under such circumstances that if she had set fire to the building it would have amounted to a felony.</rs> </p>
<p>Prisoner stated that she was guilty of the action, but that the guilt rested with the Cabinet.</p>
<p>It, was stated that prisoner had become interested in the movement for woman's suffrage in November, 1910, and had on the 25th of that month been sentenced to two months' imprisonment for damage: in the course of the demonstration leading to that offence she had received a blow resulting in cancer, which, despite two operations, had been found to be incurable. It was urged on her behalf that her state of mind owing to this illness might account for her committing such a serious offence and that it was not at all clear that she committed it with the intention of burning down the building, since she had at once given the alarm. Medical evidence was called, corroborating the state of her health.</p>
<p>Sentence:
<rs id="t19120319-14-punishment-15" type="punishmentDescription">
<interp inst="t19120319-14-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-14-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-19120319 t19120319-14-punishment-15"/>Six months' imprisonment, second division;</rs> Mr. Justice Horridge remarking that it was due to her health and not to the motives which prompted her to commit this offence, that the sentence was such a light one.</p> </div1>
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<interp inst="t19120319-15" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-15" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-15-charge-1" targOrder="Y" targets="def1-15-19120319 t19120319-15-offence-1 t19120319-15-verdict-1"/>
<p>
<persName id="def1-15-19120319" type="defendantName">
<interp inst="def1-15-19120319" type="gender" value="female"/>
<interp inst="def1-15-19120319" type="age" value="29"/>
<interp inst="def1-15-19120319" type="surname" value="KABINSKY"/>
<interp inst="def1-15-19120319" type="given" value="POLLY"/>
<interp inst="def1-15-19120319" type="occupation" value="cigarette maker"/>
<hi rend="largeCaps">KABINSKY</hi>, Polly (29, cigarette maker)</persName>
<rs id="t19120319-15-verdict-1" type="verdictDescription">
<interp inst="t19120319-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-15-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>,
<rs id="t19120319-15-offence-1" type="offenceDescription">
<interp inst="t19120319-15-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19120319-15-offence-1" type="offenceSubcategory" value="wounding"/> of feloniously throwing corrosive fluid upon
<persName id="t19120319-name-61" type="victimName">
<interp inst="t19120319-name-61" type="gender" value="male"/>
<interp inst="t19120319-name-61" type="surname" value="KABINSKY"/>
<interp inst="t19120319-name-61" type="given" value="ABRAHAM"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-15-offence-1 t19120319-name-61"/>Abraham Kabinsky</persName> with intent to do him some grievous bodily harm.</rs> </p>
<p>Prosecutor was stated not to be permanently injured. It was urged on prisoner's behalf that the act was done under great provocation, the prosecutor (her husband) having deserted her with three children to support.</p>
<p>Sentence:
<rs id="t19120319-15-punishment-16" type="punishmentDescription">
<interp inst="t19120319-15-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-15-punishment-16" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-15-19120319 t19120319-15-punishment-16"/>Six months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19120319-16">
<interp inst="t19120319-16" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-16" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-16-charge-1" targOrder="Y" targets="def1-16-19120319 t19120319-16-offence-1 t19120319-16-verdict-1"/>
<p>
<persName id="def1-16-19120319" type="defendantName">
<interp inst="def1-16-19120319" type="gender" value="male"/>
<interp inst="def1-16-19120319" type="age" value="37"/>
<interp inst="def1-16-19120319" type="surname" value="FUCHS"/>
<interp inst="def1-16-19120319" type="given" value="HEINRICH"/>
<interp inst="def1-16-19120319" type="occupation" value="tailor"/>
<hi rend="largeCaps">FUCHS</hi>, Heinrich (37, tailor)</persName>,
<rs id="t19120319-16-offence-1" type="offenceDescription">
<interp inst="t19120319-16-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19120319-16-offence-1" type="offenceSubcategory" value="bigamy"/> feloniously marrying
<persName id="t19120319-name-63" type="victimName">
<interp inst="t19120319-name-63" type="gender" value="female"/>
<interp inst="t19120319-name-63" type="surname" value="DETTMAR"/>
<interp inst="t19120319-name-63" type="given" value="MAUD EMILY"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-16-offence-1 t19120319-name-63"/>Maud Emily Dettmar</persName>, his former wife then being alive.</rs> </p>
<p>Mr. Pasmore prosecuted.</p>
<p>Detective
<hi rend="smallCaps">WILLIAM ALLEN</hi>, L Division. I produce the two marriage certificates, the first being dated June 28, 1891, and the second Sep
<lb/>tember 30, 1911. On February 9 I went to Rattray Road, Brixton, where I saw prisoner and told him I was a police officer and that I should arrest him for bigamously marrying Maud Emily Dettmar in September, 1911, his wife, Rachel Fuchs, being then alive. He said, "Quite right. I have been expecting it. I won't give you any trouble. I have sent money to my wife in New York on several occasions. I have got receipts for the registered letters. He then produced five</p>
<xptr type="pageFacsimile" doc="191203190015"/>
<p>receipts. "I left my wife in New York seven years ago on the 17th of this month. I ought not to have married a second time, but you know what it is. I got the girl into trouble so chanced it and married her. A man I know came from New York and told me my wife in New York was carrying on with a man. He has gone to Germany." When charged he said. "Yes, sir; that is quite right."</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-64" type="witnessName">
<interp inst="t19120319-name-64" type="gender" value="male"/>
<interp inst="t19120319-name-64" type="surname" value="BLASKY"/>
<interp inst="t19120319-name-64" type="given" value="ABRAHAM"/>ABRAHAM BLASKY</persName> </hi>, tailor. I was present at the marriage of my sister Rachel to prisoner on June 28, 1891, at the East London Synagogue. Stepney; she is misdescribed in the certificate, because she could not speak English and they misspelt her name. They lived in London, and 12 years ago they left and lived in Cardiff. In 1905 prisoner went to New York alone and she followed him. I followed. The last time I saw them together as man and wife would be in March, 1905, when I left New York. I believe she is still alive.</p>
<p>Cross-examined by prisoner. It may be that I left New York in 1904.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-65" type="witnessName">
<interp inst="t19120319-name-65" type="gender" value="indeterminate"/>
<interp inst="t19120319-name-65" type="surname" value="MOSKOVITCH"/>
<interp inst="t19120319-name-65" type="given" value="BAENETT"/>BAENETT MOSKOVITCH</persName> </hi>, 11, Jubilee Street, E.C. I last saw Rachel Fuchs on February 6 last in New York. I last saw prisoner two years ago in the West End of London. He asked me if I had seen her and I said, "Yes; I saw her in New York." I went to New York about three years ago as well. He said, "I send her letters and never receive answers."</p>
<p>To prisoner. She lived at 156, Second Street when I saw her last. (Prisoner here stated that Blasky had given a different address as the address from which she had written him, Blasky, a fortnight ago.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-66" type="witnessName">
<interp inst="t19120319-name-66" type="gender" value="male"/>
<interp inst="t19120319-name-66" type="surname" value="ROSENTHAL"/>
<interp inst="t19120319-name-66" type="given" value="REUBEN"/>REUBEN ROSENTHAL</persName> </hi>, licensee, the "Britannia, "Berwick Street, W. I know prisoner as a customer; I have heard him speak of his wife and family. On a Sunday towards the end of last September he came into the house and said he was going to get married on the following Saturday, September 30. I thought he was joking and said that of course 1 knew that he was a married man and it was impossible. He said, "That's right. I have arranged everything. "I met him a week after
<lb/>wards on Black Fast Day and said, "Have you got married?" He said, "No, you know yourself I have not got married because I have got a wife in America."</p>
<p>To prisoner. You did not say, "Yes, I could not help myself, as I got the girl in trouble."</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-67" type="witnessName">
<interp inst="t19120319-name-67" type="gender" value="female"/>
<interp inst="t19120319-name-67" type="surname" value="DETTMAR"/>
<interp inst="t19120319-name-67" type="given" value="MAUD EMILY"/>MAUD EMILY DETTMAR</persName> </hi>, 67, Rattray Road, Brixton. On September 30 1 went through the form of marriage at the Registry Office with the prisoner as "Henry Fuchs "; I thought he was single; I had known him a year last August. After the marriage I heard that he was married. I have lived with him up to the time of his arrest. I have one child eight weeks' old by him.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-68" type="witnessName">
<interp inst="t19120319-name-68" type="gender" value="male"/>
<interp inst="t19120319-name-68" type="surname" value="FUCHS"/>
<interp inst="t19120319-name-68" type="given" value="HENRY"/>HENRY FUCHS</persName> </hi> (prisoner, on oath) stated that ever since he had mar
<lb/>ried his first wife she had not given him a day's peace; that he went to America and had sent for her two months afterwards in the hope that she would be better; that he worked as hard as he could for her and his children, but she was not satisfied with New York and wished</p>
<xptr type="pageFacsimile" doc="191203190016"/>
<p>to return, but he could not afford this; that in 1904 her brother arrived and on his return to England sent her a ticket which she in
<lb/>sisted upon him using; on his return to England in 1905 he worked hard and constantly sent money for her and his children's keep; that in 1906 at her request he had sent her money for her ticket home, but had not since heard from her or of her; that in August, 1911, he met Miss Dettmar and having got her into trouble felt bound to marry her.</p>
<p>Cross-examined. I last saw my wife in March, 1905. I knew she had written to my sister in 1906. When Rosenthal told me that he knew I was a married man I said I knew I was, but I had not seen my wife for such a long time and did not know where she was. I did not deny that 1 had married when I saw him later. I admit the evidence as to what I stated on arrest is true.</p>
<p>Verdict,
<rs id="t19120319-16-verdict-1" type="verdictDescription">
<interp inst="t19120319-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-16-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Miss Dettmar stated that she had not been seduced by prisoner under promise of marriage; that he married her because of her condi
<lb/>tion and had since been very kind to her.</p>
<p>Sentence:
<rs id="t19120319-16-punishment-17" type="punishmentDescription">
<interp inst="t19120319-16-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-16-punishment-17" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-16-19120319 t19120319-16-punishment-17"/>Three months' hard labour</rs>.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE LUMLEY SMITH</hi>.</p>
<p>(Wednesday, March 20.)</p> </div1>
<div1 type="trialAccount" id="t19120319-17">
<interp inst="t19120319-17" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-17" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-17-charge-1" targOrder="Y" targets="def1-17-19120319 t19120319-17-offence-1 t19120319-17-verdict-1"/>
<p>
<persName id="def1-17-19120319" type="defendantName">
<interp inst="def1-17-19120319" type="gender" value="male"/>
<interp inst="def1-17-19120319" type="age" value="34"/>
<interp inst="def1-17-19120319" type="surname" value="PROCTOR"/>
<interp inst="def1-17-19120319" type="given" value="CHARLES"/>
<interp inst="def1-17-19120319" type="occupation" value="dairyman"/>
<hi rend="largeCaps">PROCTOR</hi>, Charles (34, dairyman)</persName>
<rs id="t19120319-17-verdict-1" type="verdictDescription">
<interp inst="t19120319-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-17-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>,
<rs id="t19120319-17-offence-1" type="offenceDescription">
<interp inst="t19120319-17-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19120319-17-offence-1" type="offenceSubcategory" value="fraud"/> of, having been entrusted with certain property, to wit, £99 10s. in order that he might apply the same for a certain purpose, unlawfully, fraudulently con
<lb/>verting the same to his own use and benefit.</rs> </p>
<p>Prosecutrix, sister of prisoner, having stated that she was ready to wait for her brother to pay the money,
<rs id="t19120319-17-punishment-18" type="punishmentDescription">
<interp inst="t19120319-17-punishment-18" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19120319-17-punishment-18" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-19120319 t19120319-17-punishment-18"/>prisoner was released on his own recognisances in £10 to come up for judgment if called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120319-18">
<interp inst="t19120319-18" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-18" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-18-charge-1" targOrder="Y" targets="def1-18-19120319 t19120319-18-offence-1 t19120319-18-verdict-1"/>
<p>
<persName id="def1-18-19120319" type="defendantName">
<interp inst="def1-18-19120319" type="gender" value="male"/>
<interp inst="def1-18-19120319" type="age" value="38"/>
<interp inst="def1-18-19120319" type="surname" value="JOHNSON"/>
<interp inst="def1-18-19120319" type="given" value="HARRY"/>
<interp inst="def1-18-19120319" type="occupation" value="labourer"/>
<hi rend="largeCaps">JOHNSON</hi>, Harry (38, labourer)</persName>
<rs id="t19120319-18-verdict-1" type="verdictDescription">
<interp inst="t19120319-18-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-18-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-18-offence-1" type="offenceDescription">
<interp inst="t19120319-18-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19120319-18-offence-1" type="offenceSubcategory" value="assaultWithIntent"/>, of attempting to carnally know
<persName id="t19120319-name-71" type="victimName">
<interp inst="t19120319-name-71" type="gender" value="female"/>
<interp inst="t19120319-name-71" type="age" value="under 13"/>
<interp inst="t19120319-name-71" type="surname" value="WEINTRAUBE"/>
<interp inst="t19120319-name-71" type="given" value="REBECCA"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-18-offence-1 t19120319-name-71"/>Rebecca Weintraube</persName>, a girl under the age of 13 years, and indecently assaulting her.</rs> </p>
<p>Four previous convictions for similar offences were proved.</p>
<p>Sentence:
<rs id="t19120319-18-punishment-19" type="punishmentDescription">
<interp inst="t19120319-18-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-18-punishment-19" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-18-19120319 t19120319-18-punishment-19"/>Twelve months' hard labour</rs>.</p> </div1>
<div1 type="trialAccount" id="t19120319-19">
<interp inst="t19120319-19" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-19" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-19-charge-1" targOrder="Y" targets="def1-19-19120319 t19120319-19-offence-1 t19120319-19-verdict-2"/>
<join result="criminalCharge" id="t19120319-19-charge-2" targOrder="Y" targets="def2-19-19120319 t19120319-19-offence-1 t19120319-19-verdict-2"/>
<join result="criminalCharge" id="t19120319-19-charge-3" targOrder="Y" targets="def2-19-19120319 t19120319-19-offence-2 t19120319-19-verdict-1"/>
<p>
<persName id="def1-19-19120319" type="defendantName">
<interp inst="def1-19-19120319" type="gender" value="male"/>
<interp inst="def1-19-19120319" type="age" value="39"/>
<interp inst="def1-19-19120319" type="surname" value="TAYLOR"/>
<interp inst="def1-19-19120319" type="given" value="EDWARD JAMES"/>
<interp inst="def1-19-19120319" type="occupation" value="clerk"/>
<hi rend="largeCaps">TAYLOR</hi>, Edward James (39, clerk)</persName>, and
<persName id="def2-19-19120319" type="defendantName">
<interp inst="def2-19-19120319" type="gender" value="male"/>
<interp inst="def2-19-19120319" type="age" value="43"/>
<interp inst="def2-19-19120319" type="surname" value="BROWN"/>
<interp inst="def2-19-19120319" type="given" value="THOMAS WEYMOUTH"/>
<interp inst="def2-19-19120319" type="occupation" value="fishmonger"/>
<hi rend="largeCaps">BROWN</hi>, Thomas Wey
<lb/>mouth (43, fishmonger), </persName>
<rs id="t19120319-19-offence-1" type="offenceDescription">
<interp inst="t19120319-19-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120319-19-offence-1" type="offenceSubcategory" value="simpleLarceny"/> both stealing seven cases of frozen salmon, the goods of
<persName id="t19120319-name-74" type="victimName">
<interp inst="t19120319-name-74" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-19-offence-1 t19120319-name-74"/>John Layton and Co., Limited</persName>; both conspiring, com
<lb/>bining and agreeing together to steal the said seven cases of frozen salmon, the goods of
<persName id="t19120319-name-75" type="victimName">
<interp inst="t19120319-name-75" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-19-offence-1 t19120319-name-75"/>J. Layton and Co., Limited</persName> </rs>; Taylor
<rs id="t19120319-19-offence-2" type="offenceDescription">
<interp inst="t19120319-19-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t19120319-19-offence-2" type="offenceSubcategory" value="embezzlement"/>embezzling the sum of £3 and £2 10s., received by him for and on account of the
<persName id="t19120319-name-76" type="victimName">
<interp inst="t19120319-name-76" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-19-offence-2 t19120319-name-76"/>Union Cold Storage Company, Limited</persName>, his masters.</rs> </p>
<p>Mr. Eustace Fulton prosecuted; Mr. W. Saunderson defended Tay
<lb/>lor; Mr. Daniel Warde defended Brown.</p>
<p>Taylor
<rs id="t19120319-19-verdict-1" type="verdictDescription">
<interp inst="t19120319-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-19-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs> of embezzling £3 and £2 10s. Prisoners were tried on the first indictment.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-77" type="witnessName">
<interp inst="t19120319-name-77" type="gender" value="male"/>
<interp inst="t19120319-name-77" type="surname" value="HOOTON"/>
<interp inst="t19120319-name-77" type="given" value="ROBERT HENRY"/>ROBERT HENRY HOOTON</persName> </hi>, departmental manager to John Layton and Co., Limited, 24, Eastcheap. My firm import frozen salmon into this</p>
<xptr type="pageFacsimile" doc="191203190017"/>
<p>country from Siberia, which is stored at the Union Cold Storage Com
<lb/>pany, Limited, Allhallows Lane and delivered to customers, who purchase at the office, by means of our delivery order. No one at the Cold Storage Company has a right to sell or deal with the salmon except upon our order, which releases the cases of salmon to the pur
<lb/>chaser. Two classes of salmon are kept, No. 1, being this year's supply, and No. 2, that which has been kept from last year. Brown first dealt with us on January 16, 1912, when he came to the office and ordered one case, February 1 one case, February 3 two cases, February 6 one case, February 12 one case, February 19 two cases, all second grade. On February 24 he ordered two cases of new season's salmon—that is first grade; on February 26 one case. For all these purchases we gave him delivery orders on the Cold Storage Company. Brown had never been employed as agent to sell or advertise our goods for us. Each case contains about 36 fish, each of which is wrapped in a parchment wrapper containing our name; the cases are packed in the cold chamber. We have no customer named Parkes, of Luton. We did not authorise two cases of salmon to be sent to Parkes on February 28.</p>
<p>Cross-examined by Mr. Saunderson. Layton and Co. do a very ex
<lb/>tensive business; mistakes may sometimes occur. We have a customer named Parkes, of Cambridge. Last year's salmon would be put into cases last year.</p>
<p>Cross-examined by Mr. Warde. On February 24 a case of salmon was delivered from the cold storage without a delivery order—that was irregular. We ascertained that more cases than we had given delivery order for had been found at Luton; we had issued delivery order for two and more than two had gone out. On February 24 Brown ordered two cases of new salmon and on the 28th, paid £6 10s. 11d.; £7 being afterwards paid to Taylor, who is a checker at the cold storage. That was irregular, as Taylor was not authorised to take money for us, the £7 was paid to us through the superintendent of the cold storage, who reprimanded Taylor for receiving it; we lost nothing by that transaction. On February 26 Brown paid £6 9s. 4d. for one case of new salmon, for which we gave him a delivery order. On March 2 we sold him four cases of first grade, which he paid by cheque—£24; there may be two cases still at the cold storage to his order for which he has paid.</p>
<p>Re-examined. We sold in all to Brown 15 cases of salmon. 42 cases have been delivered to him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-78" type="witnessName">
<interp inst="t19120319-name-78" type="gender" value="male"/>
<interp inst="t19120319-name-78" type="surname" value="CARR"/>
<interp inst="t19120319-name-78" type="given" value="FREDERICK JACKSON"/>FREDERICK JACKSON CARR</persName> </hi>, traveller to J. Layton and Co., Limited. On February 26 I saw Brown selling salmon in Luton market, which was wrapped in our wrappers. Salmon would remain fresh in the case for four or five days; taken out of the case it would thaw in two or three days. He was selling new season's salmon at 2s. and 2s. 6d. a fish; that is about half the value. He sold five cases of first-grade fish.</p>
<p>To Mr. Warde. The price at which he was selling would be about right if it was second-grade fish. There was no disguise with regard to the wrappers; it was in open market and anyone could see</p>
<xptr type="pageFacsimile" doc="191203190018"/>
<p>that the fish had come from Layton's. The customer did not take away the wrapper generally; it was taken off. I knew he had bought first-grade fish and that it had gone to Luton. The fish he was selling had probably left the cold storage on Saturday, February 24; it would be hard on Monday; if it had left earlier than that it would have been soft. The first-grade fish is bright in colour, the second-grade being yellowish.</p>
<p>Re-examined. I knew Brown had only bought three cases of first-grade; he was selling five cases of first-grade fish.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-79" type="witnessName">
<interp inst="t19120319-name-79" type="gender" value="male"/>
<interp inst="t19120319-name-79" type="surname" value="THOMPSON"/>
<interp inst="t19120319-name-79" type="given" value="EDWARD"/>EDWARD THOMPSON</persName> </hi>, 32, Brunswick Street, Liverpool, fish salesman. I have sold fish at Luton market for 20 years. I first saw Brown there five weeks ago; he was selling frozen salmon in Lay ton's wrappers; he said he was selling it to advertise the fish and that he was agent to sell for his principals; he sold at about 2s. to 2s. 6d. a fish. I had a stall next to him. After he had been there a few weeks I told him my governor could possibly do with some of these fish. He said, "I will see him. On my governor's instructions I said to Brown, "Will you sell me any salmon?. He said, "I have not got authority to sell it to you, I have got to sell it myself in the market. I said, "My master has left me money to buy it if you will sell it. He said, "No, I cannot, but I will see him when he next comes down from London," and I suppose he met him the next day. He had a brisk trade; the first time I saw him he had two cases and later on two; the last week I think he had four cases.</p>
<p>To Mr. Warde. He sold a lot more than eight cases altogether. It was entirely a new thing in the market.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-80" type="witnessName">
<interp inst="t19120319-name-80" type="gender" value="male"/>
<interp inst="t19120319-name-80" type="surname" value="HAMMETT"/>
<interp inst="t19120319-name-80" type="given" value="DAVID"/>DAVID HAMMETT</persName> </hi>, fishmonger, Luton. I know Brown as selling frozen salmon in Luton market. I have bought 10 cases from him and have paid for eight at £4'a case; it was best salmon. He said, "If anyone should ask you what you pay for this salmon, say you paid £6 a case, as it might get me in an awful row if they knew I was selling it at that price—at the price I had to retail it at. I understood that he was agent for Layton and Co. The cases were always consigned to me from the cold storage, four in my name and four in Brown's. On February 28 Brown told me he had four cases of salmon consigned to Luton in the name of Parkes; he would sell them to me or, if I did not want them, he would sell them in the market; he said if he did not get the cheque for them he should sell them to me. I have been many years in Luton. I know no fishmonger of the name of Parkes there.</p>
<p>To Mr. Warde. I had only once before sold frozen salmon; about three weeks before Brown came I bought from Shepherd at 3d. a lb. I paid Brown about 4d. a lb. He said he was agent for Layton's. I wanted to buy salmon from him and he said he would speak to the governor and try to get me the agency for Luton. I should have been very pleased to have taken the agency and I tried to get it. Brown kept putting me off by saying that he had only seen the clerk, it was no use to talk to him about it, but that he would see me next week. There was no disguise about its being Layton's fish, I could have written to Layton's if I had wanted; I did not know the firm, I thought Brown was the firm; he told me he was the agent.</p>
<xptr type="pageFacsimile" doc="191203190019"/>
<p>Re-examined. The fish I bought of Shepherd at 3d. was last season's—what I bought from Brown was all fresh fish, No. 1.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-81" type="witnessName">
<interp inst="t19120319-name-81" type="gender" value="male"/>
<interp inst="t19120319-name-81" type="surname" value="GILL"/>
<interp inst="t19120319-name-81" type="given" value="EDWARD CESAR"/>EDWARD CESAR GILL</persName> </hi>, manager to J. Layton and Co. In January Brown bought second-grade salmon from me at about 2 1/2 d. a lb. The price of first grade was 6d. He continued to buy second-grade salmon up to February 19 and afterwards bought first grade up to Feb
<lb/>ruary 26. He never told me he had bought from a clerk at the Union Cold Storage or suggested that he was entitled to buy from there.</p>
<p>To Mr. Warde. I know Taylor received £7 from Brown, which he paid over through the superintendent of the Cold Storage. I did not tell Brown he was never to pay money to Taylor; 2 1/2 d. was the price for second-grade salmon up to February. The first grade begun to come in towards the end of January. Brown would give me an order for a case and pay on account; Taylor having weighed the case, the balance was carried forward to the next transaction. My firm has received from Brown £10 odd for cases which have not been delivered.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-82" type="witnessName">
<interp inst="t19120319-name-82" type="gender" value="male"/>
<interp inst="t19120319-name-82" type="surname" value="JAMES"/>
<interp inst="t19120319-name-82" type="given" value="GEORGE"/>GEORGE JAMES</persName> </hi>, vanboy, Midland Railway, 14, Monument Street. On February 19 Brown brought to the office two cases of frozen salmon. From January 27 to March 4 12 cases were consigned by Brown to Luton. Four cases were consigned to Hammett of Luton by Brown; two cases were consigned to Parkes Brothers of Luton from John Layton and Co.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-83" type="witnessName">
<interp inst="t19120319-name-83" type="gender" value="male"/>
<interp inst="t19120319-name-83" type="surname" value="OVEREND"/>
<interp inst="t19120319-name-83" type="given" value="HARRY"/>HARRY OVEREND</persName> </hi>, passenger clerk, G.N.R., Luton, produced con
<lb/>signment notes of 15 cases frozen salmon to Brown of Luton between February 3 and 28.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-84" type="witnessName">
<interp inst="t19120319-name-84" type="gender" value="male"/>
<interp inst="t19120319-name-84" type="surname" value="DRISCOLL"/>
<interp inst="t19120319-name-84" type="given" value="JOHN PATRICK"/>JOHN PATRICK DRISCOLL</persName> </hi>, clerk, Midland Railway, Luton. I saw Brown in my parcels office on February 17 and 19 and March 4. There were consigned to him on February 17 one case frozen fish; 19th, two cases; March 4, two cases; 20th, two cases; 22nd, two cases. On February 29 two cases came from Whitecross Street in the name of Parkes, which were returned.</p>
<p>Detective-inspector
<hi rend="smallCaps">JOHN COLLISON</hi>, City. On March 4, at 12.30 p.m., I saw Brown selling salmon at a stall in Luton Market. I told him I was a police officer from the City and was making inquiries respecting two cases of salmon which he had sold about February 28 to Hammett of that town. He said, "Yes, I sold him two cases." I said, "Where did you get them from?" He said, "The Union Cold Storage Company, Limited. I saw a Mr. Taylor there on or about the 22nd and told him that I should require two cases an 1 paid him £5 on account." He then produced this receipt: "Received from Mr. Brown the sum of £5 on account of two cases of frozen salmon.—Edward J. Taylor." There is no stamp upon it; it is written in pencil, dated February 22. I told him that the Union Cold Storage Com
<lb/>pany, or John Layton and Co., had no record of those two cases leaving their premises and that I should take him to London, where he would be charged with stealing and receiving the two cases of fish. I brought him to London. At about 9.30 p.m. I saw Taylor at the Old Jewry Police Office. I told him I was a police officer and cautioned him. I showed him two labels which I had taken from two cases of salmon at Luton Station consigned to Parkes Brothers of Luton. He said,</p>
<xptr type="pageFacsimile" doc="191203190020"/>
<p>"Yes, they are in my handwriting." I said, "The firm has no record of those cases leaving their premises, and further, there is no firm of Parkes Brothers at Luton; there are also two cases consigned to Brown of Luton on or about February 28 and the firm have no record of those cases leaving their premises." He said, "All I have sent out I have received instructions to do so from the firm by 'phone or otherwise." They were both given into custody by Mr. Hooton. On the way to Cloak Lane Station Taylor said, "It is a terrible thing for me; what would you advise me to do?" I said, "Speak the truth." He then said to Mr. Hooton, "I take the responsibility for sending those two cases to Parkes of Luton. I am very sorry; do not be too hard upon me."</p>
<p>To Mr. Saunderson. The labels are in Taylor's ordinary writing; he admitted it after a little hesitation. He said he had received in
<lb/>structions in all cases. He did not begin by saying, "The whole thing is a mistake." He said what he had done he had done under instru
<lb/>ctions from the chief office. He said that addressing them to Parkes Brothers of Luton was a clerical error. When he said, "I take the responsibility of sending the two cases to Parkes, of Luton, I took it as an admission of stealing the fish. I did not understand that he merely took the responsibility for having made a mistake.</p>
<p>To Mr. Warde. When Brown was selling the fish I saw the wrappers with the name John Layton and Co.; the name is also printed conspicuously on the labels.</p>
<p>Mr. Saunderson submitted that there was no evidence against Taylor.</p>
<p>Mr. Warde submitted that there was no evidence against Brown of stealing; there was no evidence of deficiency in the stock of Layton and Co.</p>
<p>Judge Lumley Smith said that he would leave the whole case to the jury.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-85" type="witnessName">
<interp inst="t19120319-name-85" type="gender" value="male"/>
<interp inst="t19120319-name-85" type="surname" value="TAYLOR"/>
<interp inst="t19120319-name-85" type="given" value="EDWARD JAMES"/>EDWARD JAMES TAYLOR</persName> </hi> (prisoner, on oath). For six or seven years 1 have been forwarding clerk to the Union Cold Storage Company. When asked by Collisson about the two cases consigned to Parkes of Luton, I said there was no such firm as Parkes at Luton; it was a clerical error. Parkes, of Cambridge, had ordered two cases and by mistake I had consigned them to Luton. I am always employed at high pressure. I had no intention chat those two cases should fall into the hands of Brown. Collisson mentioned the two cases con
<lb/>signed to Brown, of Luton, on February 23—that the firm had no record of those going out. I said, "Anything I have sent I have been advised by telephone or otherwise to do so." I never have delivered a single case unless I have had the money or something on account, or an order from John Layton and Co.</p>
<p>Cross-examined. I more frequently had instructions on the tele
<lb/>phone than in writing from Layton's. I had authority to deliver goods without their instructions until the end of February, when they told</p>
<xptr type="pageFacsimile" doc="191203190021"/>
<p>me not to do so. They gave me to understand that I was quite in order in delivering under certain circumstances. On January 29 I col
<lb/>lected 50s. from Brown for one case of second-grade fish; he wanted to get to market in the early morning and I naturally used my dis
<lb/>cretion, thinking I had authority to deliver a case; there was no one at Layton's who could have confirmed ft. I also received £5, £7, and £6 10s. 11d. for cases sold to Brown by me, which were paid to Layton's through the superintendent he repremanded me for taking the money. Whenever I have delivered to Brown without orders I have always had something on account, which has been paid over.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-86" type="witnessName">
<interp inst="t19120319-name-86" type="gender" value="male"/>
<interp inst="t19120319-name-86" type="surname" value="BROWN"/>
<interp inst="t19120319-name-86" type="given" value="THOMAS WEYMOUTH"/>THOMAS WEYMOUTH BROWN</persName> </hi> (prisoner, on oath). I have been for several years in business as a fishmonger at 221, Market Place, Luton; there has never been any charge against me. When I first did business with Layton's I saw Gill and arranged to buy salmon at 2 1/2 d. a lb. and to pay £2 10s. on account when I wanted a case. I paid him £210s. and got a delivery order, upon which Taylor delivered me the goods. He told me that any time I wanted a case in the early morn
<lb/>ing he would take my money, which he did on several mornings at 2 or 3 a.m. I saw Gill and told him that I had paid Taylor 50s. on account of one case, and he had let me have it. Gill said, "That is all right, I will send you on the receipt." In one transaction I paid Taylor £7 on account of two cases, and on the following Monday I paid the balance, £6 10s. 11d., to Taylor in front of Mr. Barber, the superintendent. On a Friday Taylor told me he had sent by error two cases of salmon to a firm of Parkes to Luton instead of Cambridge and he was going to Layton to see whether they would give him a transfer to hand to me for me to pay Layton's the cash. After telling Gill about paying Taylor I thought I was perfectly safe in paying Taylor for any stuff I wanted early in the morning and I continued doing so until February 22. The fish I had in the early time was all second grade. On February 24 I bought some first grade and some second grade; I had four cases; I paid him £5 on account of two cases and £7 on account of two cases first quality, which I did not know the price of until after I had sold them at Luton Market and made a loss upon them. I told Hammett I was sole agent, meaning of my own firm, of which I was also master. I never took an order in the name of Layton nor sold a case in their name. I never said I was agent for Layton. I have paid Layton's for two cases of best salmon, which I have not taken delivery of. On February 26 I was told, I think by Barber, not to pay Taylor any more money. The same night I saw Mr. Gill and bought a case of first quality at 5 3/4 d. and paid him to 9s. 4d. It worked out at £5 7s., so that they had overcharged me £1 2s. Some of the cases were consigned direct to Hammett by my instructions as I had sold them to him. I sold both first grade and second grade at the same price on one occasion. If I made £4 a case for second grade and paid 50s. I was doing very well, but I sold some of the best grade in with it.</p>
<p>Cross-examined. If you picked out about half a dozen discoloured fish from the second grade, you could not tell the difference between second grade and first quality fish. I have taken out the discoloured fish, smoked them, and sold them as smoked salmon. I cannot say</p>
<xptr type="pageFacsimile" doc="191203190022"/>
<p>how many parcels I have bought. I have always paid either Taylor or Layton's.</p>
<p>(Thursday, March 21.)</p>
<p>Verdict (both),
<rs id="t19120319-19-verdict-2" type="verdictDescription">
<interp inst="t19120319-19-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19120319-19-verdict-2" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<p>On the charge of embezzlement, a very good character was given Taylor, and he, having been some time in prison, was
<rs id="t19120319-19-punishment-20" type="punishmentDescription">
<interp inst="t19120319-19-punishment-20" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19120319-19-punishment-20" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-19-19120319 t19120319-19-punishment-20"/>released on his own recognisances to come up for judgment if called upon.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE RENTOUL</hi>.</p>
<p>(Wednesday, March 20.)</p> </div1>
<p>
<persName id="t19120319-name-87">
<interp inst="t19120319-name-87" type="gender" value="male"/>
<interp inst="t19120319-name-87" type="surname" value="GRAINGE"/>
<interp inst="t19120319-name-87" type="given" value="THOMAS WALTER"/>
<hi rend="largeCaps">GRAINGE</hi>, Thomas Walter</persName>, who was convicted last Session (see page 634)of stealing a bicycle, lamp, and cape, the goods of
<persName id="t19120319-name-88" type="victimName">
<interp inst="t19120319-name-88" type="gender" value="male"/>
<interp inst="t19120319-name-88" type="surname" value="SAUNDERS"/>
<interp inst="t19120319-name-88" type="given" value="ERNEST"/>Ernest Saunders</persName>, was brought up for sentence.</p>
<p>Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.</p>
<div1 type="trialAccount" id="t19120319-21">
<interp inst="t19120319-21" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-21" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-21-charge-1" targOrder="Y" targets="def1-21-19120319 t19120319-21-offence-1 t19120319-21-verdict-1"/>
<p>
<persName id="def1-21-19120319" type="defendantName">
<interp inst="def1-21-19120319" type="gender" value="male"/>
<interp inst="def1-21-19120319" type="age" value="70"/>
<interp inst="def1-21-19120319" type="surname" value="DOVE"/>
<interp inst="def1-21-19120319" type="given" value="JAMES"/>
<interp inst="def1-21-19120319" type="occupation" value="tailor"/>
<hi rend="largeCaps">DOVE</hi>, James, otherwise
<rs id="t19120319-alias-2" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-21-19120319 t19120319-alias-2"/> Wilson </rs>(70, tailor)</persName>
<rs id="t19120319-21-verdict-1" type="verdictDescription">
<interp inst="t19120319-21-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-21-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-21-offence-1" type="offenceDescription">
<interp inst="t19120319-21-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120319-21-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, of stealing one overcoat, one pair of gloves, and one cigar case, the goods of
<persName id="t19120319-name-90" type="victimName">
<interp inst="t19120319-name-90" type="gender" value="male"/>
<interp inst="t19120319-name-90" type="surname" value="NASH"/>
<interp inst="t19120319-name-90" type="given" value="HORACE BROUGHTON"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-21-offence-1 t19120319-name-90"/>Horace Broughton Nash</persName>, and one umbrella, the goods of
<persName id="t19120319-name-91" type="victimName">
<interp inst="t19120319-name-91" type="gender" value="male"/>
<interp inst="t19120319-name-91" type="surname" value="SAMUEL"/>
<interp inst="t19120319-name-91" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-21-offence-1 t19120319-name-91"/>George Samuel</persName>.</rs> </p>
<p>A previous conviction was proved.</p>
<p>Sentence (March 22):
<rs id="t19120319-21-punishment-21" type="punishmentDescription">
<interp inst="t19120319-21-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-21-punishment-21" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-21-19120319 t19120319-21-punishment-21"/>Seven days' hard labour</rs>, Judge Rentoul re
<lb/>marking that he was merely sending prisoner to finish his last sentence.</p> </div1>
<div1 type="trialAccount" id="t19120319-22">
<interp inst="t19120319-22" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-22" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-22-charge-1" targOrder="Y" targets="def1-22-19120319 t19120319-22-offence-1 t19120319-22-verdict-1"/>
<p>
<persName id="def1-22-19120319" type="defendantName">
<interp inst="def1-22-19120319" type="gender" value="male"/>
<interp inst="def1-22-19120319" type="age" value="27"/>
<interp inst="def1-22-19120319" type="surname" value="WILSON"/>
<interp inst="def1-22-19120319" type="given" value="GEORGE"/>
<interp inst="def1-22-19120319" type="occupation" value="porter"/>
<hi rend="largeCaps">WILSON</hi>, George, otherwise
<rs id="t19120319-alias-3" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-22-19120319 t19120319-alias-3"/> Nolan </rs>(27, porter)</persName>
<rs id="t19120319-22-verdict-1" type="verdictDescription">
<interp inst="t19120319-22-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-22-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-22-offence-1" type="offenceDescription">
<interp inst="t19120319-22-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120319-22-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, of breaking and entering the shop of
<persName id="t19120319-name-93" type="victimName">
<interp inst="t19120319-name-93" type="gender" value="male"/>
<interp inst="t19120319-name-93" type="surname" value="BAXTER"/>
<interp inst="t19120319-name-93" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-22-offence-1 t19120319-name-93"/>George Baxter</persName>, with intent to steal therein; being found by night having in his possession without lawful excuse, certain implements of housebreaking.</rs> </p>
<p>Prisoner confessed to a conviction of felony at this Court on September 10, 1907.</p>
<p>Sentence:
<rs id="t19120319-22-punishment-22" type="punishmentDescription">
<interp inst="t19120319-22-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-22-punishment-22" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-22-19120319 t19120319-22-punishment-22"/>Eighteen months' hard labour on each indictment, to run concurrently.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120319-23">
<interp inst="t19120319-23" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-23" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-23-charge-1" targOrder="Y" targets="def1-23-19120319 t19120319-23-offence-1 t19120319-23-verdict-2"/>
<join result="criminalCharge" id="t19120319-23-charge-2" targOrder="Y" targets="def2-23-19120319 t19120319-23-offence-1 t19120319-23-verdict-1"/>
<join result="criminalCharge" id="t19120319-23-charge-3" targOrder="Y" targets="def3-23-19120319 t19120319-23-offence-1 t19120319-23-verdict-2"/>
<p>
<persName id="def1-23-19120319" type="defendantName">
<interp inst="def1-23-19120319" type="gender" value="male"/>
<interp inst="def1-23-19120319" type="age" value="19"/>
<interp inst="def1-23-19120319" type="surname" value="LAZARUS"/>
<interp inst="def1-23-19120319" type="given" value="SIMON"/>
<interp inst="def1-23-19120319" type="occupation" value="dealer"/>
<hi rend="largeCaps">LAZARUS</hi>, Simon (19, dealer)</persName>,
<persName id="def2-23-19120319" type="defendantName">
<interp inst="def2-23-19120319" type="gender" value="male"/>
<interp inst="def2-23-19120319" type="age" value="39"/>
<interp inst="def2-23-19120319" type="surname" value="FRANKEL"/>
<interp inst="def2-23-19120319" type="given" value="REUBEN"/>
<interp inst="def2-23-19120319" type="occupation" value="traveller"/>
<hi rend="largeCaps">FRANKEL</hi>, Reuben (39, tra
<lb/>veller)</persName>, and
<persName id="def3-23-19120319" type="defendantName">
<interp inst="def3-23-19120319" type="gender" value="female"/>
<interp inst="def3-23-19120319" type="age" value="38"/>
<interp inst="def3-23-19120319" type="surname" value="GOLDSTEIN"/>
<interp inst="def3-23-19120319" type="given" value="SOPHIE"/>
<hi rend="largeCaps">GOLDSTEIN</hi>, Sophie (38)</persName>
<rs id="t19120319-23-offence-1" type="offenceDescription">
<interp inst="t19120319-23-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120319-23-offence-1" type="offenceSubcategory" value="receiving"/>, feloniously receiving five rolls of silk, the goods of
<persName id="t19120319-name-97" type="victimName">
<interp inst="t19120319-name-97" type="gender" value="male"/>
<interp inst="t19120319-name-97" type="surname" value="BECK"/>
<interp inst="t19120319-name-97" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-23-offence-1 t19120319-name-97"/>George Beck</persName> with, well knowing the same to have been stolen.</rs> </p>
<p>Mr. Jones Lewis prosecuted; Mr. Huntly Jenkins defended Lazarus; Mr. Purcell defended Frankel.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-98" type="witnessName">
<interp inst="t19120319-name-98" type="gender" value="male"/>
<interp inst="t19120319-name-98" type="surname" value="ELVIN"/>
<interp inst="t19120319-name-98" type="given" value="ROBERT JAMES"/>ROBERT JAMES ELVIN</persName> </hi>. I am warehouseman to prosecutor, whose warehouse is at 14, Knightrider Street, E.C. The premises were locked up on February 8 at 7 p.m. with a padlock and a bar. Next morning I found the door splintered and the lock broken away. The lock was in the hands of the police. I missed 48 pieces of silk and 68 pieces of cotton goods. I identify the goods produced as belonging to my master.</p>
<xptr type="pageFacsimile" doc="191203190023"/>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-99" type="witnessName">
<interp inst="t19120319-name-99" type="gender" value="female"/>
<interp inst="t19120319-name-99" type="surname" value="SMITH"/>
<interp inst="t19120319-name-99" type="given" value="ALICE"/>ALICE SMITH</persName> </hi>. I saw a man bring goods from prosecutor's door and put them in a van. I identified Lazarus as a man who was sitting in the van. I said to the best of my belief he was the man.</p>
<p>Cross-examined by Mr. Jenkins. I also identified a man named Stern. He was discharged. The magistrate had no right to let him off. The stealing of the goods was all done momentarily. The one I saw sitting at the side of the van sat on the things at the back. Had I known there was anything wrong going on I should have taken more notice. There were four men altogether. I said to the best, of my belief Lazarus was the man who brought out the goods. (To the jury.) I had no previous knowledge of him.</p>
<p>Sergeant
<hi rend="smallCaps">HENRY DESSENT</hi>, H. At 9.30 p.m. on February 14 I went with Detective-sergeant Boreham to 39, Yalford Street, White-chapel. We knocked. The door was opened by Lazarus. I said, "I want to see Mr. Lazarus." He said, "He is out; what do you want? I am in charge here." I said, "We are police officers making in
<lb/>quiries respecting some silk; we have reason to believe you have a large quantity in your possession; we believe it to be stolen." He replied, "We have no silk here; we only deal in rags." I said, "Are you sure?" I then showed him a sample. He said, "Well, I suppose I must tell you the truth." My father had nothing to do with it. A man came to me last Friday and showed me some samples. He said he had 1, 650 yards and wanted 6d. a yard. I bought five rolls and gave him £10. I gave him £6 then and £4 later in the day. My father was there when I gave him the £4." We went upstairs to a front room on the first floor and he there endeavoured to break the padlock of a cupboard in the room. He was unable to do so and asked Sergeant Boreham to break it. He said his father had the key. Sergeant Boreham forced the door and took from the cupboard this sack containing four rolls similar to this one. I asked if he knew the name of the man from whom he bought them. He said, "No, I never saw him before; he was a respectable-looking fellow." I asked if he had got a receipt; he said no.</p>
<p>To Mr. Jenkins. He gave me every facility after he said "I sup
<lb/>pose I must tell you the truth." Five rolls were found. I do not know whether he knew me. I know he knew Sergeant Boreham.</p>
<p>Detective-sergeant
<hi rend="smallCaps">ALBERT BOREHAM</hi> corroborated. On February 22 at 11 a.m. I went with Detective Stevens to 17, Sutton Street, E. I saw Frankel enter the house with a key. He remained there about 20 minutes. He came out and went towards Aldgate, where I lost sight of him. At 11.30 p.m. that night I was with Sergeant Cridland and Chief Inspector Wensley. I arrested him at 342, Cable Street. I said, "You know, us." He said "Yes." I said, "I believe you hired a room from Mrs. Davis (Goldstein) at 17, Sutton Street, and took some property there which we have since recovered, and which we believe to have been stolen." He replied, "I know nothing about it." On the way to the station he said, "Did Mrs. Davis say I hired a room?" I said, "Yes; however, you were there this evening." He said, "She can say what she likes. Although I hired a room she cannot say I put stolen stuff in." On the way</p>
<xptr type="pageFacsimile" doc="191203190024"/>
<p>to the station Goldstein said, "That is the man that hired the room off me," meaning Frankel.</p>
<p>Detective-sergeant
<hi rend="smallCaps">FREDERICK WISE</hi>, City Police. On February 14 I went with prosecutor's clerk, Elvin, to Leman Street. He there identified five pieces of silk as the property of his firm and which had been stolen from 14, Knightrider Street, on the 8th. I then saw Lazarus. I told him I was a police officer and was going to arrest him and take him to the station, where he would be charged with other men not in custody in breaking and entering 14, Knightrider Street, and stealing there from a quantity of silk and cotton goods valued at £225. Lazarus said, "Stealing! I do not know how you can charge me with stealing; if you charge me with stealing it will be a trumped up charge. I can prove where I was on Thursday night." I then con
<lb/>veyed him with the property to Bridewell Police Station. Later in the afternoon he was asked to place himself amongst eight other men. He was then picked out by Mrs. Alice Smith. She said to the best of her belief he was one of the men she had seen outside 14, Knight
<lb/>rider Street, on the night of the robbery between 7 and 7.30. Five others were arrested; two have been discharged.</p>
<p>Inspector
<hi rend="smallCaps">HERBERT HINE</hi>, City Police. I saw Frankel and Goldstein detained at Shad well Police Station. I was shown 13 pieces of silk and cotton goods. I afterwards said to the two accused and others," I am a City police officer and 1 am going to take you to Bridewell Place Police station, where you will be charged together with being concerned in receiving 13 pieces of silk and cotton goods which were stolen by means of warehouse breaking on February 8, the property of Messrs. Beckwith." Frankel said, "I know nothing about it. I was not at 17, Sutton Street, yesterday." Goldstein said, pointing to Frankel, "That is the man who brought the silk to my house and hired a room from me." Neither of the accused here made any reply when formally charged.</p>
<p>To Goldstein. I received some keys from another officer and with that officer I went to 117, Old Montague Street, where Frankel said a key fitted the door. That key does not fit either of the doors at that address, but it does fit your street door. I do not know if the other key fitted the kitchen door. I do not know if the other officer tried it.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-100" type="witnessName">
<interp inst="t19120319-name-100" type="gender" value="female"/>
<interp inst="t19120319-name-100" type="surname" value="COLEMAN"/>
<interp inst="t19120319-name-100" type="given" value="ELLEN"/>ELLEN COLEMAN</persName> </hi>, 70, Sutton Street, E. On February 22 as I was re
<lb/>turning from getting some bread, I was talking to Mrs. Yepslow when Mrs. Goldstein beckoned me across the road. We went across to her. I had only spoken to her once before. She asked me if I would do something for her. I said, "Yes; what is it?" She said, "Come inside and I will show you." My friend and I went inside. Gold
<lb/>stein said she was having the brokers in on Friday, would I mind some things for her till Sunday, when she was going to leave. She said she would pay me. She closed the door and went into the cellar. I went behind her and Mrs. Yepslow next to me. She took a chopper (produced) from the yard and wrenched the padlock from the cellar door and brought out two sacks. She undid them and took several</p>
<xptr type="pageFacsimile" doc="191203190025"/>
<p>rolls of silk from them. She put some into my apron and some into Mrs. Yepslow's. She asked where my friend lived; I told her 16, Fenton Street. She said, "Take the silk there; it will be the lightest; the heaviest stuff you can take across to your house. Mrs. Yepslow's boy helped us carry it away—not the silk. We came back again and Mrs. Goldstein undid a sack with some cloth in it. My friend's apron was not big enough and Mrs. Goldstein lent her a pinofore to put the cloth in. It was put under Mrs. Yepslow's bed. Mrs. Goldstein gave us 2s. 6d.</p>
<p>To Mr. Purcell. I do not know Frankel. I believe there are lodgers at Mrs. Goldstein's. I have heard it is a bad house.</p>
<p>The evidence was interpreted to Goldstein, who said that everything witness said was a lie.</p>
<p>Detective-sergeant
<hi rend="smallCaps">WILLIAM CRIDLAND</hi>, H. At 8.30 on February 22 I went with another officer to 17, Sutton Street. I saw Goldstein, and told her that two women and a boy had been stopped, having some cloth in their possession which was supposed to be stolen, and I had seen it come out from her house. I said they had made a statement implicating her. She replied, "I know nothing; no cloth or stuff went out of here; they tell lies." She said, "A man named Reuben "(that is Frankel) "who had a shop in Commercial Road four years ago, came here last Monday and hired the kitchen. He afterwards brought some stuff. Next day, Tuesday, about 12.30 p.m., he came here with a tall thin man with a van; brought some sacks; it was cloth and silk. He came in to-day and brought the other people with him and they took the stuff out. I know nothing." I told her one of the women said she gave her 2s. 6d. to take the stuff out. She said, "Yes, Reuben was in the kitchen at the same time." I went to 16, Fenton Street, and under the bed at Mrs. Yepslow's I found 13 rolls of silk and 15 lengths of cloth. I went back to Sutton Street and told Mrs. Goldstein what I had found. She said, "I can only tell you what I have told you before; Mr. Reuben took the room off me, and this evening when the two women and the boy came Reuben was in my room with the door partly shut." I took her to Shadwell Police Station, where she was detained. About 11 p.m. the same evening I went with Chief-inspector Wensley and Sergeant Boreham to 342, Cable Street and assisted to arrest Reuben Frankel. He was taken to Shadwell Police Station, where Mrs. Goldstein was detained. On entering the charge room Goldstein said, pointing to Frankel, "That is the man I let the room to and gave him a key of the front door." When Frankel was searched a bunch of keys was found on him. Goldstein, pointing to one of them, said, "That is the key I gave him." That was the key of the front door. On the 27th, at Frankel's request, I went to 117, Old Montague Street, with Inspector Hine, and tried this key which Frankel said belonged to the door. It did not fit. (To the Jury.) There is no key on the bunch that fits the padlock.</p>
<p>Detective
<hi rend="smallCaps">CHRISTOPHER</hi>, H. In consequence of what I heard I went to Sutton Street on February 22 and kept observation. At 7.10 p.m. I saw Frankel enter No. 17, I believe with a key. At 7.40 I saw two women and a boy knock at 17, Sutton Street. The door was imme
<lb/>diately</p>
<xptr type="pageFacsimile" doc="191203190026"/>
<p>opened and they entered. Ten minutes later they returned to the street, the lad was carrying a big bag on his shoulders and the two women something bulky in their aprons, which I subsequently found contained 15 rolls of cloth. They were taken to Shadwell Police Station.</p>
<p>To Mr. Jenkins. I knew that Frankel was carrying on business as a small provision dealer in Old Montague Street.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-101" type="witnessName">
<interp inst="t19120319-name-101" type="gender" value="male"/>
<interp inst="t19120319-name-101" type="surname" value="SUTHERLAND"/>
<interp inst="t19120319-name-101" type="given" value="JOHN"/>JOHN SUTHERLAND</persName> </hi>, tweed merchant, Edinburgh, identified three pieces of cloth as having been despatched by him to John Eeles and Co., Wardour Street, W.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-102" type="witnessName">
<interp inst="t19120319-name-102" type="gender" value="male"/>
<interp inst="t19120319-name-102" type="surname" value="CLIFF"/>
<interp inst="t19120319-name-102" type="given" value="CHARLES"/>CHARLES CLIFF</persName> </hi>, traveller to George Harrison, 16, Belfast Chambers, Beak Street, W., identified a piece of cloth as part of two bales despatched by his firm on January 26 to Heron and Co., 98, Victoria Street.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-103" type="witnessName">
<interp inst="t19120319-name-103" type="gender" value="male"/>
<interp inst="t19120319-name-103" type="surname" value="SEARLE"/>
<interp inst="t19120319-name-103" type="given" value="GEORGE"/>GEORGE SEARLE</persName> </hi>, carman to Charles A. Matthews and Co., Hop Exchange. I had three bales of woollen goods on my van, which I collected from Hermitage Wharf on January 29. I left the van in Wapping with the boy. When I returned the van was gone.</p>
<p>Mr. Purcell submitted that statements by Goldstein were not evi
<lb/>dence against her co-prisoners but only evidence against herself; that there was no case to go to the jury against Frankel; that there was no legal evidence that Frankel knew anything at all about the property that was found at Mrs. Goldstein's.</p>
<p>Judge Rentoul ruled that there was no evidence against Frankel, and a verdict of
<rs id="t19120319-23-verdict-1" type="verdictDescription">
<interp inst="t19120319-23-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19120319-23-verdict-1" type="verdictSubcategory" value="noEvidence"/> Not guilty</rs> was returned.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-104" type="witnessName">
<interp inst="t19120319-name-104" type="gender" value="male"/>
<interp inst="t19120319-name-104" type="surname" value="LAZARUS"/>
<interp inst="t19120319-name-104" type="given" value="SIMON"/>SIMON LAZARUS</persName> </hi> (prisoner, on oath). I live with my parents. I have never had any accusation brought against me. On February 22 a stranger called on me. He said he was the agent of a firm who had gone bankrupt and asked if I would buy any silk. He produced about 20 patterns in a paper. I picked out five and he said he would bring them in the afternoon. He brought them on a barrow. He asked me 6d. a yard at first, and then he said to me, "I should buy by the piece, by the roll." The stuff is half cotton, half silk. I agreed to pay £10 for five rolls. I asked for a receipt; he offered one on a blank piece of paper; I did not care for it and he said he would bring one in the evening. I did not pay him the whole £10; I intended paying him the £4 balance when he brought the receipt. He never came back. The detectives came about five days afterwards. Their evidence is substantially true.</p>
<p>Cross-examined. I have only previously bought rags of strangers. I did not think there was anything suspicious about the silk. I deal in old rags and tailors' trimmings. Other goods were locked in the cupboard besides the silk, not rags. I have not bought as much valu
<lb/>able silk as this before. The reason the cupboard was locked was that there are people passing. I was afraid of getting into trouble at the time the police came and asked if my father was in. I had suspicions all was not right. I thought 6d. a yard a fair price. I did not think of</p>
<xptr type="pageFacsimile" doc="191203190027"/>
<p>getting paper and pen and ink for the man to write a receipt. I had 40 worth of goods in stock at the time.</p>
<p>Re-examined. The man had not a stamp with him at the time; nor had I. (To the Court.) I did not know the need for a stamp; I know over 2 requires a stamp. I think a penny stamp carries any amount. I realise I have done a very stupid thing.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-105" type="witnessName">
<interp inst="t19120319-name-105" type="gender" value="male"/>
<interp inst="t19120319-name-105" type="surname" value="FISHMAN"/>
<interp inst="t19120319-name-105" type="given" value="HARRY"/>HARRY FISHMAN</persName> </hi>, licensed victualler. Prisoner Lazarus bears the highest character.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-106" type="witnessName">
<interp inst="t19120319-name-106" type="gender" value="female"/>
<interp inst="t19120319-name-106" type="surname" value="GOLDSTEIN"/>
<interp inst="t19120319-name-106" type="given" value="SOPHIE"/>SOPHIE GOLDSTEIN</persName> </hi> (prisoner, on oath). I live at 17, Button Street. I am married. My husband is living. Frankel took from me the kitchen. He paid me 2s. and I gave him the key of the street door on Monday. Tuesday he moved in. He brought the sacks the same day. On Thursday the two women came. I do not know their names. They live in a street by me. I knew the woman Coleman before. She stole a big sheet and pillow-case out of a stranger's house where she went cleaning. I was told that. I never spoke to her in my life. When the women came they told me they wanted to take some goods from my place and asked for Reuben. He was in my place all day long. They asked Reuben, "You have got something to do in the kitchen; you want to take away some goods." He said yes and asked when she comes; she says in the afternoon. She comes with the other woman; she was by herself before. In the afternoon she brought the other woman to take the things away. She come down in the kitchen; she screams up, "Missis, the kitchen is shut." I told Reuben the kitchen is shut. He said, "You go round and tell her to open it." The opened it herself. When she went away she asked for 1s. I told Reuben to give her 1s.; he said, "All right, here is 2s. 6d." I gave it her from my hande. When the constable came he asked, "Is that the lot." I say, "I do not think so; perhaps it is the lot." He asked, "Who belongs to the locked-up room." I say Reuben took from me the kitchen; he gave me 2s. deposit and I gave him the street door key. I have a man and his wife living on the first floor. I don't have no lodgers at all. I keep a respectable place. I do not have immoral women there. My husband and I are Russians. He is in work. He is here.</p>
<p>Cross-examined. I did not beckon the women over. I can prove that by my tenant who opened the door. I did not expect any bailiffs. I owe nobody a penny. This apron (produced) is mine. I do not know how it came in Mrs. Coleman's possession. I did not lend it. Perhaps she got it in the kitchen. She asked me for a pinny. I do not know what she carried away in the apron. They both had a load of goods in their aprons.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-107" type="witnessName">
<interp inst="t19120319-name-107" type="gender" value="female"/>
<interp inst="t19120319-name-107" type="surname" value="COHEN"/>
<interp inst="t19120319-name-107" type="given" value="WOLFF"/>WOLFF COHEN</persName> </hi>, 1, Salter Street, Cannon Street Road. I remember the silk being delivered. I took it in. There was no concealment about it. I remember Lazarus speaking to the man who brought it. The price was 2 a roll. Lazarus said, "I want a receipt before I pay the money. "The other man said, "I will writ you something out on a piece of paper; I have not got a stamp with me. "Lazarus said, "That one is no good; I want a stamped receipt. "I saw 6 paid. Lazarus said he would pay the rest when he brought the receipt. I am in the employ of prisoner's father. (To the Court.)</p>
<xptr type="pageFacsimile" doc="191203190028"/>
<p>Prisoner asked me last week if I remembered who was there at the time he bought the stuff. I said I took the stuff in.</p>
<p>Cross-examined. The money was paid on Friday, February 9. I took the silk up myself. I did not lock it up. I left it open.</p>
<p>Verdict,
<rs id="t19120319-23-verdict-2" type="verdictDescription">
<interp inst="t19120319-23-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19120319-23-verdict-2" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
<div1 type="trialAccount" id="t19120319-24">
<interp inst="t19120319-24" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-24" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-24-charge-1" targOrder="Y" targets="def1-24-19120319 t19120319-24-offence-1 t19120319-24-verdict-1"/>
<p>
<persName id="def1-24-19120319" type="defendantName">
<interp inst="def1-24-19120319" type="gender" value="male"/>
<interp inst="def1-24-19120319" type="age" value="41"/>
<interp inst="def1-24-19120319" type="surname" value="MCDONALD"/>
<interp inst="def1-24-19120319" type="given" value="PATRICK"/>
<interp inst="def1-24-19120319" type="occupation" value="labourer"/>
<hi rend="largeCaps">McDONALD</hi>, Patrick (41, labourer)</persName>
<rs id="t19120319-24-verdict-1" type="verdictDescription">
<interp inst="t19120319-24-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-24-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-24-offence-1" type="offenceDescription">
<interp inst="t19120319-24-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19120319-24-offence-1" type="offenceSubcategory" value="pervertingJustice"/>, of feloniously and without lawful authority or excuse, in the name of
<persName id="t19120319-name-109" type="victimName">
<interp inst="t19120319-name-109" type="gender" value="male"/>
<interp inst="t19120319-name-109" type="surname" value="ANTHONY"/>
<interp inst="t19120319-name-109" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-24-offence-1 t19120319-name-109"/>Frederick Anthony</persName>, acknowledging a certain recognisance when becoming bail for
<persName id="t19120319-name-110">
<interp inst="t19120319-name-110" type="gender" value="female"/>
<interp inst="t19120319-name-110" type="surname" value="PRAETER"/>
<interp inst="t19120319-name-110" type="given" value="CATHERINE"/>Catherine Praeter</persName>, thereby obtaining her release from lawful custody.</rs> </p>
<p>Prisoner confessed to a conviction of felony at the County of London Sessions on September 24, 1907.</p>
<p>Sentence:
<rs id="t19120319-24-punishment-23" type="punishmentDescription">
<interp inst="t19120319-24-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-24-punishment-23" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-24-19120319 t19120319-24-punishment-23"/>One months' hard labour</rs>.</p> </div1>
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<interp inst="t19120319-25" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-25-charge-1" targOrder="Y" targets="def1-25-19120319 t19120319-25-offence-1 t19120319-25-verdict-1"/>
<p>
<persName id="def1-25-19120319" type="defendantName">
<interp inst="def1-25-19120319" type="gender" value="female"/>
<interp inst="def1-25-19120319" type="surname" value="TOMLIN"/>
<interp inst="def1-25-19120319" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">TOMLIN</hi>, Elizabeth</persName>
<rs id="t19120319-25-verdict-1" type="verdictDescription">
<interp inst="t19120319-25-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-25-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-25-offence-1" type="offenceDescription">
<interp inst="t19120319-25-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120319-25-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, of stealing a banker's cheque for £4 14s. 6d., the property of
<persName id="t19120319-name-112" type="victimName">
<interp inst="t19120319-name-112" type="gender" value="male"/>
<interp inst="t19120319-name-112" type="surname" value="LEWIS"/>
<interp inst="t19120319-name-112" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-25-offence-1 t19120319-name-112"/>Henry Lewis</persName>; forging and uttering, knowing the same to be forged, the endorsement on the said cheque, with intent to defraud; obtaining by false pretences from Robert Sunner £1, his moneys, with intent to defraud.</rs> </p>
<p>(March 21.) Prisoner was
<rs id="t19120319-25-punishment-24" type="punishmentDescription">
<interp inst="t19120319-25-punishment-24" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19120319-25-punishment-24" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-25-19120319 t19120319-25-punishment-24"/>released on her own recognisances and those of her father, in £10 each, to come up for judgment if called upon.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">JUDGE LUMLEY SMITH</hi>.</p>
<p>(Thursday, March 21.)</p> </div1>
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<p>
<persName id="def1-26-19120319" type="defendantName">
<interp inst="def1-26-19120319" type="gender" value="male"/>
<interp inst="def1-26-19120319" type="age" value="35"/>
<interp inst="def1-26-19120319" type="surname" value="JENNER"/>
<interp inst="def1-26-19120319" type="given" value="TOM"/>
<interp inst="def1-26-19120319" type="occupation" value="tailor"/>
<hi rend="largeCaps">JENNER</hi>, Tom (35, tailor)</persName>
<rs id="t19120319-26-verdict-1" type="verdictDescription">
<interp inst="t19120319-26-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-26-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-26-offence-1" type="offenceDescription">
<interp inst="t19120319-26-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19120319-26-offence-1" type="offenceSubcategory" value="fraud"/>, of being bailee of certain property, to wit, one costume, the goods of
<persName id="t19120319-name-114" type="victimName">
<interp inst="t19120319-name-114" type="gender" value="female"/>
<interp inst="t19120319-name-114" type="surname" value="LAXTER"/>
<interp inst="t19120319-name-114" type="given" value="ANNIE"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-26-offence-1 t19120319-name-114"/>Annie Laxter</persName>, fraudulently converting the same to his own use thereby stealing the same.</rs> </p>
<p>Prisoner, having been in custody two weeks and having a previous good character,
<rs id="t19120319-26-punishment-25" type="punishmentDescription">
<interp inst="t19120319-26-punishment-25" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19120319-26-punishment-25" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-26-19120319 t19120319-26-punishment-25"/>was released on his own recognisances in £5 to come up for judgment if called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120319-27">
<interp inst="t19120319-27" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-27" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-27-charge-1" targOrder="Y" targets="def1-27-19120319 t19120319-27-offence-1 t19120319-27-verdict-1"/>
<join result="criminalCharge" id="t19120319-27-charge-2" targOrder="Y" targets="def2-27-19120319 t19120319-27-offence-1 t19120319-27-verdict-1"/>
<join result="criminalCharge" id="t19120319-27-charge-3" targOrder="Y" targets="def1-27-19120319 t19120319-27-offence-2 t19120319-27-verdict-2"/>
<join result="criminalCharge" id="t19120319-27-charge-4" targOrder="Y" targets="def2-27-19120319 t19120319-27-offence-2 t19120319-27-verdict-3"/>
<p>
<persName id="def1-27-19120319" type="defendantName">
<interp inst="def1-27-19120319" type="gender" value="male"/>
<interp inst="def1-27-19120319" type="age" value="54"/>
<interp inst="def1-27-19120319" type="surname" value="COLLINS"/>
<interp inst="def1-27-19120319" type="given" value="JOHN"/>
<interp inst="def1-27-19120319" type="occupation" value="labourer"/>
<hi rend="largeCaps">COLLINS</hi>, John (54, labourer)</persName>, and
<persName id="def2-27-19120319" type="defendantName">
<interp inst="def2-27-19120319" type="gender" value="male"/>
<interp inst="def2-27-19120319" type="age" value="41"/>
<interp inst="def2-27-19120319" type="surname" value="SEYMOUR"/>
<interp inst="def2-27-19120319" type="given" value="HENRY"/>
<interp inst="def2-27-19120319" type="occupation" value="labourer"/>
<hi rend="largeCaps">SEYMOUR</hi>, Henry (41, labourer)</persName>
<rs id="t19120319-27-offence-1" type="offenceDescription">
<interp inst="t19120319-27-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120319-27-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, both breaking and entering a place of Divine worship, to wit,
<placeName id="t19120319-geo-1">
<interp inst="t19120319-geo-1" type="type" value="site"/>
<join result="offencePlace" targOrder="Y" targets="t19120319-27-offence-1 t19120319-geo-1"/>St. Marylebone Parish Church</placeName>, and stealing therein one pair of solitaires, the goods of
<persName id="t19120319-name-117" type="victimName">
<interp inst="t19120319-name-117" type="gender" value="female"/>
<interp inst="t19120319-name-117" type="surname" value="CLARKE"/>
<interp inst="t19120319-name-117" type="given" value="MARY ANN"/>
<interp inst="t19120319-name-117" type="occupation" value="vestry woman"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-27-offence-1 t19120319-name-117"/>Mary Ann Clarke</persName>, and three bottles of wine, the goods of the churchwardens of the said church; both burglary in the dwelling-house of
<persName id="t19120319-name-118" type="victimName">
<interp inst="t19120319-name-118" type="gender" value="male"/>
<interp inst="t19120319-name-118" type="surname" value="SHARP"/>
<interp inst="t19120319-name-118" type="given" value="WALTER"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-27-offence-1 t19120319-name-118"/>Walter Sharp</persName> with intent to steal therein.</rs> </p>
<p>Mr. Adrian Clark prosecuted.</p>
<p>Prisoners were tried on the first indictment.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-119" type="witnessName">
<interp inst="t19120319-name-119" type="gender" value="female"/>
<interp inst="t19120319-name-119" type="surname" value="CLARK"/>
<interp inst="t19120319-name-119" type="given" value="MARY ANN"/>MARY ANN CLARK</persName> </hi>, 25, Paddington Street, vestry woman at Maryle
<lb/>bone Parish Church. Pair of solitaires produced are mine. On February 16 I locked them attached to a pair of cuffs in a drawer in the vestry; I left at 4 p.m. On February 17 at 8.45 a.m. I found the drawers in the vestry broken, things turned out on to the dresser; in the lavatory some empty bottles and my cuffs on the sink. The cupboard in the vestry was broken open and the wine gone, one wine</p>
<xptr type="pageFacsimile" doc="191203190029"/>
<p>bottle was half emptied, was in the lavatory quite empty. The stained glass window of the church had great holes in it.</p>
<p>Cross-examined by Seymour. I have no private mark on the soli
<lb/>taires, but I can swear to them as my property; I have worn them for 25 years. I do not know either of the prisoners.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-120" type="witnessName">
<interp inst="t19120319-name-120" type="gender" value="male"/>
<interp inst="t19120319-name-120" type="surname" value="HEWITT"/>
<interp inst="t19120319-name-120" type="given" value="CHARLES EDWIN"/>CHARLES EDWIN HEWITT</persName> </hi>, verger, St. Marylebone Parish Church. On February 16 at 10 p.m. I locked up the church. At 8 a.m. the next day I found four collection boxes broken, the stained glass memorial window was broken in; in the vestry the drawers were taken out of the sideboard, the contents thrown about. The door leading to the safe had been attempted to be forced, a hair brush put in as a wedge, and the handle of a shovel used as a lever. There were two empty wine bottles on the floor. The safe contained the Communion plate. The fire-irons were broken into two pieces.</p>
<p>Sergeant
<hi rend="smallCaps">JAMES BERRETT</hi>, B Division. On February 17 at 11.30 a.m. I saw prisoners at Marylebone Police court. I said, "As you are going to be charged with breaking into the parish church of Mary
<lb/>lebone and a pair of solitaires have been stolen at that place which have not been found, I propose searching you thoroughly, and if neces
<lb/>sary I shall remove your clothing." Both prisoners said, "You can do what you like." They laughed. I searched Collins and found nothing upon him, but I noticed him wink at Seymour; Seymour winked and pointed to the cap he was wearing. I then searched Sey
<lb/>mour and found in the lining of his cap, which was pinned, pair of solitaires (produced). I said, "There are the solitaires I have been looking for." Seymour replied, "God bli'me, governor, that has done it, but it is our place to hide and your place to find; you cannot expect us to tell you where the stuff is." Collins said, "Well, that finishes it up now, and I hope you are satisfied; you do not want anything further."</p>
<p>To Seymour. You were arrested at 3 a.m. Information was re
<lb/>ceived that the church had been broken into at 9 a.m.</p>
<p>Detective
<hi rend="smallCaps">CHARLES BERESFORD</hi>, D Division, corroborated as to the state of the church. At the front entrance I saw foot prints and and traced them past the newly dug flower-beds to a wall about 12 ft. high, which surrounded the church. I there found some marks as if somebody had got over. At the side entrance I found similar marks. At the base of the wall I picked up button (produced), which I handed to Inspector MacPherson.</p>
<p>Inspector
<hi rend="smallCaps">JOHN MACPHERSON</hi>, D Division. On February 17 I re
<lb/>ceived button (produced) and told prisoners where it had been found. I found on Seymour's jacket a button was missing; this button was similar to the others and I told him so. I said, "You will be charged with being concerned together in breaking and entering the church during the night." Seymour said, "You can charge me with what you like." Collins said, "All right." I examined their boots and found some new mould on them. I had noticed the grounds of the church had been lately dug up.</p>
<p>Verdict (both),
<rs id="t19120319-27-verdict-1" type="verdictDescription">
<interp inst="t19120319-27-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-27-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty.</rs> </p>
<xptr type="pageFacsimile" doc="191203190030"/>
<p>Mr. Clark said that he did not think it necessary to proceed on the indictment for burglary.</p>
<p>Collins confessed to having been convicted on December 11, 1899, of burglary in the name of
<persName id="t19120319-name-121">
<interp inst="t19120319-name-121" type="gender" value="indeterminate"/>
<rs id="t19120319-alias-4" type="alias">
<join result="nameAlias" targOrder="Y" targets="t19120319-name-121 t19120319-alias-4"/>Thomas New body</rs> </persName>. Seymour confessed to having been convicted on October 22, 1907, of felony.</p>
<p>Both prisoners were indicted as
<rs id="t19120319-27-offence-2" type="offenceDescription">
<interp inst="t19120319-27-offence-2" type="offenceCategory" value="miscellaneous"/>
<interp inst="t19120319-27-offence-2" type="offenceSubcategory" value="habitualCriminal"/>habitual criminals</rs>.</p>
<p>Collins
<rs id="t19120319-27-verdict-2" type="verdictDescription">
<interp inst="t19120319-27-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-27-verdict-2" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>. With regard to Seymour—Sergeant
<hi rend="smallCaps">JAMES BERRETT</hi> produced the authority of the Director of Public Prosecu
<lb/>tions and proved the service of the notices on the prisoner.</p>
<p>Inspector
<hi rend="smallCaps">SIDNEY BETTS</hi>. I was present at this court on Decem
<lb/>ber 11, 1899, when Seymour was sentenced to six years' penal servi
<lb/>tude for burglary, breaking into a chapel and stealing a set of Commu
<lb/>nion Plate; also at North London Sessions on October 11, 1904, when he was sentenced to three months' hard labour and license revoked for stealing lead.</p>
<p>Police-constable
<hi rend="smallCaps">JOSEPH CRIPPS</hi>, 27 AR. I was present at the North London Sessions on October 22, 1907, when Henry Seymour was sentenced to three years' penal servitude for stealing lead pipe, and brass fittings.</p>
<p>Inspector
<hi rend="smallCaps">HENRY BROOKS</hi>, S Division. On April 30, 1906, I was present at this court when Seymour was sentenced to 12 months' hard labour for breaking and entering a church. In 1904 he was over 16 years of age.</p>
<p>Sergeant
<hi rend="smallCaps">JAMES BERRETT</hi>, recalled. Collins commenced his career of crime in 1895, when he and Seymour were together sentenced at Marylebone Police Court; he has been in and out of prison ever since. In addition to the six years' penal servitude for sacrilege, on another occasion Seymour was found breaking into a church, and also found in another church in course of erection; he was only released from prison two days prior to his arrest. I have known him 14 years in the Westminster district. With others he takes a barrow round osten
<lb/>sibly to collect bottles, taking anything they can come across. On one occasion he fell 35 ft. from a church and injured himself; that was taken into consideration in his sentence of 12 months at this court.</p>
<p>Sergeant
<hi rend="smallCaps">MARK PINNICK</hi> (called by Seymour). When you were at Marylebone Police Court on October 23, 1911, you were bound over in £5, being charged as a suspected person. You told me that you had walked from Grimsby, where you had been working in the docks, and had been discharged owing to your sight failing; you said you had been collecting bottles, rags, and bones and selling them to Dickinson, 49, Wood Street, Westminster. I saw Dickinson, who did not recollect you, but said you might have sold bottles there. I had correspondence with the Grimsby Police, and the magistrate, Mr. Paul Taylor, took into consideration that you had very bad sight, bound you over, and, as you promised to go to Dover, gave you 5s. out of the poor box. Very soon after you were charged again at Marylebone.</p>
<p>Verdict,
<rs id="t19120319-27-verdict-3" type="verdictDescription">
<interp inst="t19120319-27-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-27-verdict-3" type="verdictSubcategory" value="no_subcategory"/>Guilty</rs>.</p>
<p>Sentence (each prisoner):
<rs id="t19120319-27-punishment-26" type="punishmentDescription">
<interp inst="t19120319-27-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-27-punishment-26" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-27-19120319 t19120319-27-punishment-26"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-27-19120319 t19120319-27-punishment-26"/>Three years' penal servitude</rs> and
<rs id="t19120319-27-punishment-27" type="punishmentDescription">
<interp inst="t19120319-27-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-27-punishment-27" type="punishmentSubcategory" value="preventiveDetention"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-27-19120319 t19120319-27-punishment-27"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-27-19120319 t19120319-27-punishment-27"/>Five years' preventive detention</rs>.</p> </div1>
<div1 type="trialAccount" id="t19120319-28">
<interp inst="t19120319-28" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-28" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-28-charge-1" targOrder="Y" targets="def1-28-19120319 t19120319-28-offence-1 t19120319-28-verdict-1"/>
<join result="criminalCharge" id="t19120319-28-charge-2" targOrder="Y" targets="def2-28-19120319 t19120319-28-offence-1 t19120319-28-verdict-2"/>
<xptr type="pageFacsimile" doc="191203190031"/>
<p>
<persName id="def1-28-19120319" type="defendantName">
<interp inst="def1-28-19120319" type="gender" value="male"/>
<interp inst="def1-28-19120319" type="age" value="30"/>
<interp inst="def1-28-19120319" type="surname" value="BROWN"/>
<interp inst="def1-28-19120319" type="given" value="WILLIAM JAMES"/>
<interp inst="def1-28-19120319" type="occupation" value="draper's assistant"/>
<hi rend="largeCaps">BROWN</hi>, William James (30, draper's assistant)</persName>, and
<persName id="def2-28-19120319" type="defendantName">
<interp inst="def2-28-19120319" type="gender" value="male"/>
<interp inst="def2-28-19120319" type="age" value="18"/>
<interp inst="def2-28-19120319" type="surname" value="TYRRELL"/>
<interp inst="def2-28-19120319" type="given" value="ALFRED"/>
<interp inst="def2-28-19120319" type="occupation" value="soldier"/>
<hi rend="largeCaps">TYRRELL</hi>, Alfred (18, soldier)</persName>
<rs id="t19120319-28-offence-1" type="offenceDescription">
<interp inst="t19120319-28-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19120319-28-offence-1" type="offenceSubcategory" value="sodomy"/>, Brown committing an act of gross indency with Tyrrell; Tyrrell committing an act of gross indency with Brown.</rs> </p>
<p>Brown
<rs id="t19120319-28-verdict-1" type="verdictDescription">
<interp inst="t19120319-28-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-28-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>.</p>
<p>Mr. G. Tully-Christie prosecuted.</p>
<p>Verdict (Tyrrell),
<rs id="t19120319-28-verdict-2" type="verdictDescription">
<interp inst="t19120319-28-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19120319-28-verdict-2" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<p>Brown having a good character,
<rs id="t19120319-28-punishment-28" type="punishmentDescription">
<interp inst="t19120319-28-punishment-28" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19120319-28-punishment-28" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-28-19120319 t19120319-28-punishment-28"/>was released on his own re
<lb/>cognisances in £10 to come up for judgment if called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t19120319-29">
<interp inst="t19120319-29" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-29" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-29-charge-1" targOrder="Y" targets="def1-29-19120319 t19120319-29-offence-1 t19120319-29-verdict-1"/>
<join result="criminalCharge" id="t19120319-29-charge-2" targOrder="Y" targets="def2-29-19120319 t19120319-29-offence-1 t19120319-29-verdict-1"/>
<join result="criminalCharge" id="t19120319-29-charge-3" targOrder="Y" targets="def1-29-19120319 t19120319-29-offence-2 t19120319-29-verdict-3"/>
<join result="criminalCharge" id="t19120319-29-charge-4" targOrder="Y" targets="def2-29-19120319 t19120319-29-offence-2 t19120319-29-verdict-2"/>
<p>
<persName id="def1-29-19120319" type="defendantName">
<interp inst="def1-29-19120319" type="gender" value="male"/>
<interp inst="def1-29-19120319" type="age" value="36"/>
<interp inst="def1-29-19120319" type="surname" value="GALLAFENT"/>
<interp inst="def1-29-19120319" type="given" value="ARTHUR"/>
<interp inst="def1-29-19120319" type="occupation" value="labourer"/>
<hi rend="largeCaps">GALLAFENT</hi>, Arthur (36, labourer)</persName>, and
<persName id="def2-29-19120319" type="defendantName">
<interp inst="def2-29-19120319" type="gender" value="male"/>
<interp inst="def2-29-19120319" type="age" value="26"/>
<interp inst="def2-29-19120319" type="surname" value="HAYES"/>
<interp inst="def2-29-19120319" type="given" value="RICHARD"/>
<interp inst="def2-29-19120319" type="occupation" value="warehouseman"/>
<hi rend="largeCaps">HAYES</hi>, Richard (26, warehouseman)</persName>
<rs id="t19120319-29-offence-1" type="offenceDescription">
<interp inst="t19120319-29-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19120319-29-offence-1" type="offenceSubcategory" value="wounding"/>, feloniously causing certain grievous bodily harm to
<persName id="t19120319-name-126" type="victimName">
<interp inst="t19120319-name-126" type="gender" value="male"/>
<interp inst="t19120319-name-126" type="surname" value="BYMAY"/>
<interp inst="t19120319-name-126" type="given" value="WALTER"/>
<interp inst="t19120319-name-126" type="occupation" value="police constable"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-29-offence-1 t19120319-name-126"/>Walter Bymay</persName> with intent to resist the lawful apprehension of the said R. Hayes.</rs> </p>
<p>Mr. Travers Humphreys and Mr. Roland Oliver prosecuted; Mr. C. A. H. Black defended Hayes.</p>
<p>Police-constable
<hi rend="smallCaps">WALTER BYMAY</hi>, 477 G. On February 13, at 1 p.m., I saw Hayes betting in Goswell Road. I told him I was a police officer and should arrest him for bookmaking. He said, "All right—I did not think you were a copper." On the way to the station he struck me in the chest with his fist. We both fell; he got up and ran down Hatfield Street. I followed two or three yards behind. He called to Gallafent, who was there talking to a woman, "Put the bastard out," ran to the bottom of the street, then doubled back; I fol
<lb/>lowed and caught him against the "Rising Sun" public-house. Galla
<lb/>fent ran at me with chopper produced. I struck him across the back and breast with my truncheon. These was a hostile crowd. Gallafent caught me by the sleeve, someone kicked me and I fell down. Galla
<lb/>fent then kicked me twice in the stomach; as he was kicking me a third time I caught hold of the leg of his trousers and pulled him down and struck him across the head with my truncheon. I got my whistle out and blew it, another constable arrived, and after a few minutes we got him to the station. Hayes meantime had got away. At the station I told the Inspector this man had assaulted me as I was arresting Hayes. I was put under the doctor. I am now recovered.</p>
<p>Cross-examined by Mr. Black. I was on plain clothes duty, looking out for bookmakers. I saw Hayes giving slips of paper. He went into a public-house; I followed him and called for a glass of beer. I was told I was in the wrong bar. I had no warrant. I did not arrest him in the public-house. When arrested he went for 12 yards quietly, I having hold of his sleeve; he struck me, we grappled and fell. When Hayes said, "Put the bastard out," there were a lot of people in the road; I am certain it was Hayes said it.</p>
<p>Cross-examined by Gallafent. You were at No. 9, Hatfield Street, talking to a woman—not under the arch. In the struggle the chopper fell to the ground.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-127" type="witnessName">
<interp inst="t19120319-name-127" type="gender" value="male"/>
<interp inst="t19120319-name-127" type="surname" value="BAILEY"/>
<interp inst="t19120319-name-127" type="given" value="HENRY"/>DR. HENRY BAILEY</persName> </hi>, divisional surgeon. On February 13, a little after 2 p.m., I saw prosecutor at Shepherdess Walk Police Station. He was sitting on a chair; his pulse was very small and weak; he was pale, sweating on the forehead, and collapsed. He complained of great pain on the left side of the stomach, where he had received a blow. He was quite unfit for duty. I put him on the sick-list; he lives at</p>
<xptr type="pageFacsimile" doc="191203190032"/>
<p>the section house, and went straight upstairs to bed on my order. I have no doubt he had been seriously injured. I saw him again at 5 p.m.; he was still collapsed. The next day a large bruise came out on the left side of his stomach, probably due to a severe kick. He was on the sick-list for a fortnight and then resumed duty. At the station I also dressed a wound over Gallafent's eye, caused by a blow with a truncheon.</p>
<p>To Mr. Black. I think it is very unlikely the bruise was caused by running against a barrow. He made no complaint to me about a blow with a chopper.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-128" type="witnessName">
<interp inst="t19120319-name-128" type="gender" value="male"/>
<interp inst="t19120319-name-128" type="surname" value="CROW"/>
<interp inst="t19120319-name-128" type="given" value="ARTHUR"/>ARTHUR CROW</persName> </hi>, 66a, Marlboro Road, Bowes Park, warehouseman. On February 13 I was in Hatfield Street in my dinner hour about 20 yards from Goswell Road. I saw Hayes running towards Goswell Road, with prosecutor six yards behind. They passed me. Hayes got to Goswell Road, turned, passed the prosecutor; they fell together; prosecutor fried to strike Hayes on the head with the truncheon, and he turned to protect his head. Gallafent came up, put his arms round prosecutor, and pulled him away from Hayes, who ran away up Hat
<lb/>field Street. Gallafent followed him.</p>
<p>To Gallafent. I believe you came from the archway. I did not see you strike prosecutor.</p>
<p>Police-constable
<hi rend="smallCaps">FRANK COOK</hi>, 485 G. On February 13 I heard a police whistle and went into Hatfield Street; there was a crowd of some 200 people. Gallafent was walking through the crowd towards Goswell Road. I stopped him and said, "What is the matter?" He said. "I have been assaulted." I said, "Do you know who has done it?" He said, "I do not know." I said, "Do you want to go to the hospital?" He said, "Oh, no. "Prosecutor came up and said, "I want you; you have assaulted me." Prosecutor was in a very dazed condition. Gallafent made no reply. I took him to the station. On the way he was abusing prosecutor and shouting to people in the crowd who were following.</p>
<p>To Gallafent. You were coming from Baldock Street towards me. Prosecutor walked with you on your left side to the station and I think held your arm; you made no attempt to get away.</p>
<p>Inspector
<hi rend="smallCaps">WILLIAM DUNCAN</hi>. On February 13, at 2 p.m., Gallafent was brought to City Road Police Station by Police-constable Cook and prosecutor. Prosecutor stated that his prisoner had been rescued and Gallafent had assaulted him; he then collapsed. After the doctor had attended prosecutor and Gallafent I charged Gallafent with causing grievous bodily harm with intent to resist the lawful apprehen
<lb/>sion of another person. Gallafent had a slight wound over his eye. He said, "He has pinched me to cover up this. Can I have bail." I said, "No. "I heard nothing about the chopper at that time. I visited prosecutor about two hours afterwards, and at 9 p.m. went to 10, Hatfield Street, where, in the fender in the front room, I found chopper (produced), which was identified by prosecutor. The next day prosecutor's truncheon was brought to the station by Gallafent's brother.</p>
<xptr type="pageFacsimile" doc="191203190033"/>
<p>To Mr. Black. I have known Hayes for some years as a betting man and as a peaceful and quiet man.</p>
<p>To Gallafent. There was no attempt to conceal the chopper; pro
<lb/>secutor recognised it the next day.</p>
<p>Sergeant
<hi rend="smallCaps">FREDERICK BIGGS</hi>, G Division. On February 14 at 11.30 a.m. Hayes came to Shepherdess Walk Police Station and said, "I hear inquiries are being made over the Gallafent affair. If I am wanted I give myself up. I was in the 'Shakespeare' at the time, when a man followed me out and caught hold of me; I did not know he was a policeman, and ran away." I told him he would be charged with causing grievous bodily harm to the constable and also with street betting. He said, "Betting admitted; but I know nothing about the other."</p>
<p>On the submission of Mr. Black, Judge Lumley Smith said he did not think there was a case against Hayes on this indictment.</p>
<p>Mr. Travers Humphreys said he proposed to try the misdemeanour indictment of causing actual bodily harm and common assault.</p>
<p>(Friday, March 22.)</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-129" type="witnessName">
<interp inst="t19120319-name-129" type="gender" value="male"/>
<interp inst="t19120319-name-129" type="surname" value="SHEARMAN"/>
<interp inst="t19120319-name-129" type="given" value="JOHN"/>JOHN SHEARMAN</persName> </hi>. (To the Court.) On Tuesday afternoon, February 13, At 1.30, I was standing at the corner of Goswell Road and Hatfield Street talking to my wife. I afterwards saw two men running from Goswell Road through Hatfield Street. As we passed Gallafent and his wife we went indoors, five houses up on the left-hand side. Two or three minutes after I got indoors I heard a shout. I rushed out, looked down the bottom of the street. Only five doors from me I saw Gallafent standing at the corner. I saw two men running. One ran past Gallafent up the street. There was a barrow about 30 or 40 feet up the street; one man ran one side of the barrow and the other the other. Then he dodged back, went a few paces in Goswell Road and ran round Gallafent, who stepped out of the way. I know now one of them was a constable. The constable had his staff, pulled it out and struck Gallafent across the eye. Gallafent had not struck the con
<lb/>stable first, only stepped out of the way. The constable continued run
<lb/>ning after Hayes. I knew Hayes. They ran up a little yard that runs into Goswell Road. The constable captured the man in the corner and there was a bit of a tussle between Hayes and the constable, Hayes trying to get away. In the meantime Gallafent walked up the court into the open to this nook, and stood there wiping his eye, and while the struggle was going on—it did not last more than two or three minutes—he said, "You cowardly bastard." The constable closed with him and holding Hayes by the cuff Gallafent tried to get the stick; the constable claimed him and there was a tussle. Hayes ran away, the constable continued his running after Hayes; they seemed exhausted. I did not see Gallafent do anything to the constable. I did not see any reason for the constable striking him over the eye. He had not struck at the constable. He did not kick him. I swear that. People flocked from Goswell Road, but they did not go up the street; one or</p>
<xptr type="pageFacsimile" doc="191203190034"/>
<p>two passed up the street. I never saw the, constable or anyone on the ground.</p>
<p>To Gallafent. After the constable struck you with the truncheon he chased Hayes, who escaped round the turning over the wall. I did not see you go near your door the whole time. You never had a chopper. You never had anything in your hand. While I was speak
<lb/>ing to the other policeman in uniform two policemen in uniform came from Goswell Road and asked what was the matter. You said, "Some man struck me with a stick." I never heard Police-constable Bymay say he was a police constable.</p>
<p>Cross-examined. I am Gallafent's father-in-law. Hayes and Police-constable Bymay came into the street after I had spoken to Gallafent. The shout I heard was like a young girl holloaing in the street. Directly I went to the door I saw them running. They were 40 feet off. I measured it. I did not hear Hayes call out to Gallafent. I did not hear him say, "Put the bastard out." I did not hear anybody say that. It could have been said without my hearing it. There was no chopper. It could not have been used without me seeing it. I saw it at five o'clock in the room. While the constable was taking Galla
<lb/>fent to the station I went in the room with another friend to look for a certain thing and the chopper was in the fender. I did not hear Gallafent say anything to my daughter. I heard him say, "Give me a handkerchief "; he had nothing but his bare hand up to his eye. I was not more than a foot a way from him. I saw the officer draw his truncheon from this pocket, not the one where they always carry them. He was holding it in his hand when he closed with Hayes. I never saw Bymay on the ground. I saw the whole of the tussle with the policeman when he captured Hayes the second time. There was no one on the ground then. The constable did not detain Hayes more than a minute. He left Gallafent to run after Hayes. I swear Gallafent never kicked the officer in the corner where the tussle was. If it was after the shout I should have seen it. I heard the officer was injured next morning. I did not know it then. He ran up the street. I saw nobody do anything to the officer that would account for his injuries. I cannot account for how he came by them. Within about three minutes there was a crowd of about 50 people, but there was only three at the beginning. I was one of them. There was a crowd of 200 at the Goswell Road end of the court. The crowd was not hostile; they were frightened. I was a little bit nervous. It is absolutely false that the crowd pulled the officer to the ground and that Hayes kicked him. It was at the bottom of the court that he hit Hayes with his truncheon. I heard someone blow a whistle in Little Baltic Street. two constables came up before that. Bymay did not blow the whistle till he got to Little Baltic Street. Gallafent's wife gave me the truncheon and I sent it back to the, police. A stranger gave it to her. No one took it away from the officer; it fell to the ground in the tussle.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-130" type="witnessName">
<interp inst="t19120319-name-130" type="gender" value="male"/>
<interp inst="t19120319-name-130" type="surname" value="DESMOND"/>
<interp inst="t19120319-name-130" type="given" value="WILLIAM"/>WILLIAM DESMOND</persName> </hi>, newsvendor. (To the Court.) I saw Gallafent talking to his wife at the corner of Hatfield Street, when two men run in from Goswell Road, and as the behind man approached Hatfield Street he gave Gallafent a blow over the eye with a thick black stick, then went on running up the street after the first man. chased him</p>
<xptr type="pageFacsimile" doc="191203190035"/>
<p>round a wheelbarrow. Gallafent came up the street with his hand where he caught the blow, said, "Oh, you coward" to the man. The stick dropped; he tried to get the stick; then the other man tried to get Gahafent, and the other man on the pavement, and tried to pin them to the wall, in which one of the men got away. He left Gallafent bleed
<lb/>ing. He ran after the first man into Baltic Street, where he lost him. He stood there about two minutes blowing his whistle. He came back into Hatfield Street, saw Gallafent talking to two policemen outside the coal shop and there he charged Gallafent. I do not know what he charged him with. I know he told two policemen to take him to the station.</p>
<p>To Gallafent. The constable struck you across the eye deliberately. You did nothing to the constable. You were talking to your wife a foot away. From the time they chased you till you were arrested you were not near your door. You were in one position at the corner of the street. You had no weapon. The constable was standing up when he struck you; so were you. No kicking was done. I did not hear him say he was a constable.</p>
<p>Cross-examined. I saw nothing happen before the men ran out of Goswell Road and the constable struck Gallafent. They ran round a barrow. I believe it was before that that the officer struck Gallafant on. the head. The officer was never on the ground. He was not kicked. There was a crowd round when Hayes was struggling with the officer. The crowd was not hostile; they were all strangers to Hatfield Street. They might have been saying, "Oh, you coward," against the man that struck him. I did not get too near in case I caught a blow from the stick. The officer only blew his whistle in Baltic Street. I do not know whether the other officers heard the whistle; I know they ran into Hatfield Street. I saw them talking to Gallafent. That must have been while the whistle was blowing. They were nowhere near Hatfield Street till they heard the whistle. I only knew Hayes by sight. I live opposite Gallafent.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-131" type="witnessName">
<interp inst="t19120319-name-131" type="gender" value="male"/>
<interp inst="t19120319-name-131" type="surname" value="CRESSWELL"/>
<interp inst="t19120319-name-131" type="given" value="HERBERT"/>HERBERT CRESSWELL</persName> </hi>, insurance agent. (To the Court.) I saw Hayes running away from another man. They ran down the street and back again, dodged round a coaster's barrow. Gallafent appeared to be hindering the policeman; they got in a corner; there was a struggle and Hayes eventually got away. There was a struggle bet
<lb/>ween the three. The policeman came back and arrested Hayes. He hit Hayes with the truncheon. That was when they came back after he caught Hayes by the barrow.</p>
<p>To Gallafent. I did not see you on the ground. I saw no one kicked. You ran towards Golden Lane. I did not see you near your door. I saw no chopper.</p>
<p>Cross-examined. I was opposite No. 10, about ten yards from where the struggle was. There was no crowd, only youngsters. There was a crowd after several policemen came down. I saw Gallafent arrested. There were a good many people there then. The officer was at no time on the ground. He was never kicked. I cannot suggest how he was injured. I did not see him hit Gallafent on the head. I saw the two men when they first ran into Hatfield Street. The con
<lb/>stable was close enough to hit Gallafent. I did not see it. He did not</p>
<xptr type="pageFacsimile" doc="191203190036"/>
<p>hit Gallifent after they dodged round the barrow. I do not know Desmond, Crow, or Shearman. I did not hear a whistle blown.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-132" type="witnessName">
<interp inst="t19120319-name-132" type="gender" value="male"/>
<interp inst="t19120319-name-132" type="surname" value="WARD"/>
<interp inst="t19120319-name-132" type="given" value="FRANCIS"/>FRANCIS WARD</persName> </hi>, insurance agent, 41, Turner Square, Hoxton. (To the Court.) I was with last witness. He is in the same insurance office. I first saw two men running down the street, Hayes and a detective. They went up the turning and back again and dodged round a barrow. They got into a corner and closed grips. The detective started to hit Hayes with a truncheon. This went on for a few seconds, and Gallafent came across the other side of the turning and held the detective. In the struggle Hayes gat away. After a few seconds wrestling the detective got away and took up the chase after Hayes down the street. At that time Hayes was out of it. He came back, and Gallafent was standing aside, and they arrested Gallafent. I did not see any blows struck or anybody on the ground or anybody kicked.</p>
<p>To Gallafent. I did not see you near your door. I did not see a chopper. I did not see you kick the constable. I did not see the constable on the ground.</p>
<p>Cross-examined. I only know Gallafent by sight. I collect down this turning. I do not know how Gallafent got the cut on his head or how the constable got the bruise on his stomach. I was asked to give evidence by a woman at No. 7 where I collect. I do not know her name. I told her I would not. I was not asked what I had seen. I did not want to give evidence because it interferes with my business. I have had to do my work after I have been to the court each day.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-133" type="witnessName">
<interp inst="t19120319-name-133" type="gender" value="male"/>
<interp inst="t19120319-name-133" type="surname" value="GALLAFENT"/>
<interp inst="t19120319-name-133" type="given" value="ARTHUR"/>ARTHUR GALLAFENT</persName> </hi> (prisoner, not on oath). Bymay says he was assaulted 15 yards from Goswell Road, in Hatfield Street. Cook tells you he came from Goswell Road, and speaks to me 30 to 50 yards in the street. If Bymay had been lying on the ground 15 ft. away he must have passed him blowing his whistle without seeing him; instead of that Cook tells you he did not see him on the ground, neither did he see him in Hatfield Street after speaking to me, yet he tells you he came in the direction of Golden Lane and Baltic Street when I was arrested. If he had been kicked—this place has warehouses in 'he street—don't you think someone would have gone to his assistance? Why did he fabricate this charge? I will tell you. He could not go to the police station and tell the truth. He could not say," I have lost a bookmaker and lost my truncheon." He manufactured this to caver up this and his own misdemeanors. You heard him say he was not in the inspector's room. The inspector tells you he was in that room and he followed him out. He told you yesterday he mentioned the-chopper to Inspector Duncan. I asked the inspector both at the police court and yesterday was that chopper mentioned. You heard his answer: No; neither was it for eight days afterwards. He spoke to Hayes, as he admitted, at 1.40. It takes a quarter of an hour to get from Hatfield Street to Shepherdess Walk Police Station. That would leave three or four minutes for this drama to be played. Yon don't think for one moment these people I have never seen before would come and jeopardise their positions and face possibly a term of penal servitude to tell lies. If there is any point I have overlooked I trust you will point it out to the jury.</p>
<p>Verdict,
<rs id="t19120319-29-verdict-1" type="verdictDescription">
<interp inst="t19120319-29-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19120319-29-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p>
<xptr type="pageFacsimile" doc="191203190037"/>
<p>Prisoners were further indicted
<rs id="t19120319-29-offence-2" type="offenceDescription">
<interp inst="t19120319-29-offence-2" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19120319-29-offence-2" type="offenceSubcategory" value="wounding"/>for unlawfully assaulting
<persName id="t19120319-name-134" type="victimName">
<interp inst="t19120319-name-134" type="gender" value="male"/>
<interp inst="t19120319-name-134" type="surname" value="BYMAY"/>
<interp inst="t19120319-name-134" type="given" value="WALTER"/>
<interp inst="t19120319-name-134" type="occupation" value="policeman"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-29-offence-2 t19120319-name-134"/>Walter Bymay</persName> and occasioning him actual bodily harm; assaulting him, he being a police constable, while in the execution of his duty; common assault.</rs> </p>
<p>Hayes
<rs id="t19120319-29-verdict-2" type="verdictDescription">
<interp inst="t19120319-29-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-29-verdict-2" type="verdictSubcategory" value="pleadedPartGuilty"/>pleaded guilty of common assault</rs>.</p>
<p>Police-constable
<hi rend="smallCaps">WALTER BYMAY</hi>, Police-constable
<hi rend="smallCaps">FRANCIS COOK, DR. BULL</hi>, and Inspector
<hi rend="smallCaps">DUNCAN</hi> repeated their evidence.</p>
<p>Verdict (Gallafent),
<rs id="t19120319-29-verdict-3" type="verdictDescription">
<interp inst="t19120319-29-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-29-verdict-3" type="verdictSubcategory" value="lesserOffence"/>Guilty on the 2nd and 3rd counts</rs>.</p>
<p>Several convictions for assault, etc., were proved against Gallafent.</p>
<p>Sentence: Gallafent,
<rs id="t19120319-29-punishment-29" type="punishmentDescription">
<interp inst="t19120319-29-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-29-punishment-29" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-29-19120319 t19120319-29-punishment-29"/>Six months' hard labour</rs>; Hayes
<rs id="t19120319-29-punishment-30" type="punishmentDescription">
<interp inst="t19120319-29-punishment-30" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19120319-29-punishment-30" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-29-19120319 t19120319-29-punishment-30"/>was released on his own recognizances in £10 to come up for judgment if called upon.</rs> </p>
<p>
<hi rend="smallCaps">BEFORE</hi>
<hi rend="largeCaps">THE COMMON SERJEANT</hi>.</p>
<p>(Friday, March 22.)</p> </div1>
<div1 type="trialAccount" id="t19120319-30">
<interp inst="t19120319-30" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-30" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-30-charge-1" targOrder="Y" targets="def1-30-19120319 t19120319-30-offence-1 t19120319-30-verdict-1"/>
<p>
<persName id="def1-30-19120319" type="defendantName">
<interp inst="def1-30-19120319" type="gender" value="male"/>
<interp inst="def1-30-19120319" type="age" value="27"/>
<interp inst="def1-30-19120319" type="surname" value="ISEMAN"/>
<interp inst="def1-30-19120319" type="given" value="PHILLIP"/>
<interp inst="def1-30-19120319" type="occupation" value="shoemaker"/>
<hi rend="largeCaps">ISEMAN</hi>, Phillip (27, shoemaker)</persName>
<rs id="t19120319-30-offence-1" type="offenceDescription">
<interp inst="t19120319-30-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t19120319-30-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, stealing one pair of earrings and other articles, the goods of
<persName id="t19120319-name-136" type="victimName">
<interp inst="t19120319-name-136" type="gender" value="female"/>
<interp inst="t19120319-name-136" type="surname" value="ISEMAN"/>
<interp inst="t19120319-name-136" type="given" value="HILDA"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-30-offence-1 t19120319-name-136"/>Hilda Iseman</persName>.</rs> </p>
<p>Mr. W. T. Spratling prosecuted; Mr. Cecil Hayes defended.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-137" type="witnessName">
<interp inst="t19120319-name-137" type="gender" value="female"/>
<interp inst="t19120319-name-137" type="surname" value="ISEMAN"/>
<interp inst="t19120319-name-137" type="given" value="HILDA"/>HILDA ISEMAN</persName> </hi>. I married prisoner on October 18, 1910, at Hackney Registry Office; we then kept a boot shop at 149, Church Street, Stoke Newington. On January 8 last I had a pair of diamond earrings, a marquise diamond ring, a half-hoop diamond ring, a long gold chain with ruby pendant, a diamond and ruby gold bangle, and £45 in gold locked up in a cashbox, of which I kept the key. That day prisoner persuaded me to take out £55 in notes from my banking account; I put that also in the cashbox. That evening my husband persuaded me to go to a picture palace. When I came back he said he had a headache and told me to go to bed at once. Next morning he asked me to make him some sandwiches as he was going to warehouses to choose goods. He told me to tell the customers that they would have their boot re
<lb/>pairs by 10 o'clock that night. I fully expected him back that night. He did not return, and I found all the keys were gone. I then bor
<lb/>rowed a lot of keys from the lady next door and succeeded in opening my cashbox with one of them. It contained nothing but two pieces of iron (produced). I then went to live with my mother at 25, Leyton Road, Stratford, where I am living now. I took out a warrant a few days after he left. I did not see him again or. hear from him until he called at my mother's house on January 26. I sent for the police and he was arrested.</p>
<p>Cross-examined. Prisoner was a bootmaker. At my wedding my brother made me a present of £175, which I put into the bank in the joint names of myself and prisoner. The £55 notes was part of that. Cheques had to be signed by us both. Prisoner persuaded me and I consented to take £55 to be spent on improving the boot repairing busi
<lb/>ness Prisoner made me a present of an engagement ring, which I</p>
<xptr type="pageFacsimile" doc="191203190038"/>
<p>partly paid for, and a bracelet. I never consented to the jewellery being sold to improve the business. After I was married my brother gave me a cheque for £20, with which I bought the rest of the jewellery from a Mrs. Weidenbaum, Black Lion Yard, Stepney. I took £55 out of the bank to save the trouble of going a lot of times; I in
<lb/>tended to hand it over to prisoner a little at a time. I did not notice prisoner packing his things before he went. Prisoner never talked to me about going to America and starting business there; I should not like to go to America. When prisoner came to my mother's house on January 26 he kissed me and said, "You need not think, because I took your money and your jewellery and deserted you, that I married you for that purpose. I had to go to America because some time ago I bought some stolen jewellery and I went there to sell it; I made a lot of money. I have sold your earrings and your marquise ring, and I will buy you another pair of earrings and another marquise ring; I will take your bracelet and other jewellery out of pawn. I will pay your brother back for the ring I took from him. If the landlord will not let me have the shop back I will take another shop, but I will not work any more, I have found a better way to make money." I said, "Where is the money?" He showed me some Ameri
<lb/>can paper-money and asked me to lend him £20.</p>
<p>Re-examined. I paid for the business. He had no money at all when I married him.</p>
<p>Detective-sergeant
<hi rend="smallCaps">THOMAS EVANS</hi>. On February 26 I saw prisoner at the West Ham Police Station. I said, "I am a police officer; I believe your name is Phillip Iseman?" He said, "Yes." I said, "I hold a warrant for your arrest." I read the warrant. He said, "I bought the earrings and sold them again as I wanted the money. It was only £50. I sent her to the bank to get it. I can get the manager to prove it was a joint account. I went to America and I came back and went straight to my wife, and my mother-in-law asked me to go upstairs, and next the police came. I went away just for a little time to get rid of my mother-in-law; if she had not interfered I should not have gone. I bought some jewellery before we were married and sold it again as she was not satisfied with it." I con
<lb/>veyed him to the Stoke Newington Police Station. When charged, he said, "I did not steal it. She gave me the money and I can prove it. It is not £95, it was only £50, and she gave it to me." I searched 'him and found three notes for 20 dollars, one for 5 dollars and 2s. 3d. English money.</p>
<p>Cross-examined. Prisoner is known as a very respectable and very hard-working man. I know nothing against him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-138" type="witnessName">
<interp inst="t19120319-name-138" type="gender" value="female"/>
<interp inst="t19120319-name-138" type="surname" value="WEIDENBAUM"/>
<interp inst="t19120319-name-138" type="given" value="SARAH"/>MRS. SARAH WEIDENBAUM</persName> </hi>, Black Lion Yard, Stepney, jeweller. I have known prisoner and his wife for the last few years. They came together and bought an engagement ring, diamond cluster earrings, and a wedding-ring. Prisoner and his wife afterwards told me they did not like clusters and that I was to make them some other earrings. A few days afterwards prisoner brought back the earrings I had sold them and asked me to give him the money back and his wife would pay for the earrings they had ordered. I gave him the money back and took the receipt from him.</p>
<xptr type="pageFacsimile" doc="191203190039"/>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-139" type="witnessName">
<interp inst="t19120319-name-139" type="gender" value="female"/>
<interp inst="t19120319-name-139" type="surname" value="WESTON"/>
<interp inst="t19120319-name-139" type="given" value="FLORENCE"/>FLORENCE WESTON</persName> </hi>, 151, Church Street, Stoke Newington, wife of Charles Weston. I lived next door to prisoner and his wife. At about 5.30 p.m. on January 8 prisoner asked my daughter to go with his wife to see the pictures. About 10 a.m. the next day prisoner's wife made a communication to me and borrowed some of my keys. I went into her house and we succeeded in opening her cashbox. There were only two pieces of iron in it.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-140" type="witnessName">
<interp inst="t19120319-name-140" type="gender" value="male"/>
<interp inst="t19120319-name-140" type="surname" value="FISHER"/>
<interp inst="t19120319-name-140" type="given" value="LEWIS"/>LEWIS FISHER</persName> </hi>, 115, High Street, Kingsland, furniture dealer. Pri
<lb/>soner's wife is my sister. At her marriage I gave her a cheque for £175 as a present. At that time she had £45 of her own. I afterwards made her presents of furniture and money to buy jewellery. Pri
<lb/>soner's was not worth £10 when he was married.</p>
<p>Cross-examined. I did not give £175 to them mutually for the business.</p>
<p>Mr. Hayes submitted that under Section 12 of the Married Women's Property Act, 1882 (45 and 46 Viet., c 75) a wife can bring criminal proceedings against the husband for the protection and security of her separate property, but "separate property" had a special meaning in law, and referred to marriage settlements.</p>
<p>The Common Serjeant. I do not know that.</p>
<p>Mr. Hayes further submitted that a husband could not be convicted of stealing his wife's property unless he had left her or was about to desert her altogether; in this case the prisoner had only left his wife for a short time.</p>
<p>The Common Serjeant. It is a case for the jury.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-141" type="witnessName">
<interp inst="t19120319-name-141" type="gender" value="male"/>
<interp inst="t19120319-name-141" type="surname" value="ISEMAN"/>
<interp inst="t19120319-name-141" type="given" value="PHILIP"/>PHILIP ISEMAN</persName> </hi> (prisoner, on. oath). I am a Jew and a bootmaker and live at 18, Montford Street, Whitechapel. I have been seven years in: his country and there has never been anything against my character. Before I married I bought my wife a diamond ring from Mrs. Weidenbaum for £10 15s., and a long gold chain. After the marriage I. bought her a diamond and ruby bracelet, brooches and bracelets for a few pounds in Whitechapel. When I married her she promised to give me the £175 her brother gave her. About three months before I left my wife we talked of going to America. I said I would go first and then she would follow. She said, "We are young people and we must try our luck." I did not talk of going to America any more after that. In January I found the shop did not pay, and I determined to go to America. I told my wife to get £55 out of the bank, and she did so. Next morning I took all the jewellery from the cashbox; there was no money. I sold some of the jewellery in England and some I sold in America. I went to America to open a business there and because my mother-in-law used to worry me. I had no intention of deserting my wife. I went to Chicago and opened a shop. I wrote her a letter nine days afterwards. I found the business was no good and I came back to my wife. I did not take the jewellery with the intention of depriving my wife of it.</p>
<p>Cross-examined. I had £50 in Moorfields Savings Bank and a shop when I was married. At the police court, in my evidence, I said, "I</p>
<xptr type="pageFacsimile" doc="191203190040"/>
<p>did not tell my wife I was going as I knew she would not have liked it. I did not take a return ticket to America. (To the Court. I always kept those pieces of iron in the cashbox for the last six years as a remembrance; I had once used them as tools.) My brother-in
<lb/>law lent me the £20 to buy jewellery for my wife; I gave it back to him seven days afterwards. I and my wife went to Mrs. Weidenbaum and asked her to change some earrings we had previously bought. A few days afterwards, on the day I went away, I went to Mrs. Weiden
<lb/>baum and got the money back. I asked my wife to draw out £55; I did not tell her what for. She had four free tickets to see the pic
<lb/>tures and wished to go. I went to the next door neighbour and asked her daughter to go with my wife. Next day I asked her to make some sandwiches for me. I did not tell her I was going to warehouses for goods. I told her I wanted the sandwiches because I was going away.</p>
<p>Re-examined. I kept the key of the cashbox.</p>
<p>Verdict,
<rs id="t19120319-30-verdict-1" type="verdictDescription">
<interp inst="t19120319-30-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19120319-30-verdict-1" type="verdictSubcategory" value=""/>Not guilty</rs>.</p> </div1>
<div1 type="trialAccount" id="t19120319-31">
<interp inst="t19120319-31" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-31" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-31-charge-1" targOrder="Y" targets="def1-31-19120319 t19120319-31-offence-1 t19120319-31-verdict-1"/>
<join result="criminalCharge" id="t19120319-31-charge-2" targOrder="Y" targets="def2-31-19120319 t19120319-31-offence-1 t19120319-31-verdict-1"/>
<join result="criminalCharge" id="t19120319-31-charge-3" targOrder="Y" targets="def3-31-19120319 t19120319-31-offence-1 t19120319-31-verdict-1"/>
<join result="criminalCharge" id="t19120319-31-charge-4" targOrder="Y" targets="def1-31-19120319 t19120319-31-offence-2 t19120319-31-verdict-2"/>
<join result="criminalCharge" id="t19120319-31-charge-5" targOrder="Y" targets="def2-31-19120319 t19120319-31-offence-2 t19120319-31-verdict-2"/>
<join result="criminalCharge" id="t19120319-31-charge-6" targOrder="Y" targets="def3-31-19120319 t19120319-31-offence-2 t19120319-31-verdict-2"/>
<p>
<persName id="def1-31-19120319" type="defendantName">
<interp inst="def1-31-19120319" type="gender" value="male"/>
<interp inst="def1-31-19120319" type="age" value="43"/>
<interp inst="def1-31-19120319" type="surname" value="ESPINASSE"/>
<interp inst="def1-31-19120319" type="given" value="BERNARD"/>
<interp inst="def1-31-19120319" type="occupation" value="journalist"/>
<hi rend="largeCaps">ESPINASSE</hi>, Bernard (43, journalist)</persName>,
<persName id="def2-31-19120319" type="defendantName">
<interp inst="def2-31-19120319" type="gender" value="female"/>
<interp inst="def2-31-19120319" type="surname" value="ULLMAN"/>
<interp inst="def2-31-19120319" type="given" value="EDITH MAY"/>
<hi rend="largeCaps">ULLMAN</hi>, Edith May</persName>, and
<persName id="def3-31-19120319" type="defendantName">
<interp inst="def3-31-19120319" type="gender" value="male"/>
<interp inst="def3-31-19120319" type="age" value="47"/>
<interp inst="def3-31-19120319" type="surname" value="ULLMAN"/>
<interp inst="def3-31-19120319" type="given" value="SAM"/>
<interp inst="def3-31-19120319" type="occupation" value="jeweller"/>
<hi rend="largeCaps">ULLMAN</hi>, Sam (47, jeweller)</persName>
<rs id="t19120319-31-offence-1" type="offenceDescription">
<interp inst="t19120319-31-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19120319-31-offence-1" type="offenceSubcategory" value="fraud"/>, all conspiring and agreeing together and with other persons unknown to defraud
<persName id="t19120319-name-145" type="victimName">
<interp inst="t19120319-name-145" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-31-offence-1 t19120319-name-145"/>C. Arthur Pearson Limited,</persName>, and such of His Majesty's liege subjects as should become genuine competitors in certain competitions called "Sparklets "; all obtaining by false pretences from
<persName id="t19120319-name-146" type="victimName">
<interp inst="t19120319-name-146" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-31-offence-1 t19120319-name-146"/>C. Arthur Pearson, Limited</persName>, cer
<lb/>tain valuable securities, to wit, bankers' cheques for £25, £15 10s., £19, £20 15s., £18 15s., £24, £26, £20, £31, £26 16s., £45 13s., and £14 3s., in each case with intent to defraud; all attempting to obtain by false pretences from C. Arthur Pearson, Limited, a certain valuable security, to wit, a banker's cheque for £31 14s., with intent to defraud</rs>;
<rs id="t19120319-31-offence-2" type="offenceDescription">
<interp inst="t19120319-31-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t19120319-31-offence-2" type="offenceSubcategory" value="forgery"/>all forging and uttering, knowing the same to be forged, certain endorsements upon certain banker's cheques, to wit, upon cheques for £1, £1 1s., and £24, in each case with intent to defraud, and feloniously demanding and obtaining valuable securities and money under certain forged instruments, to wit, under the said cheques, knowing the same to be forged.</rs> </p>
<p>Mr. Muir and Baron Albert Profumo prosecuted; Mr. Cecil Haws defended.</p>
<p>Mr. Muir opened the case.</p>
<p>(Saturday, March 23.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-147" type="witnessName">
<interp inst="t19120319-name-147" type="gender" value="male"/>
<interp inst="t19120319-name-147" type="surname" value="BATHGATE"/>
<interp inst="t19120319-name-147" type="given" value="JOHN MARSHALL"/>JOHN MARSHALL BATHGATE</persName> </hi>, assistant managing director to C. Arthur Pearson, Limited, proprietors of "Pearson's Weekly. From August, 1911, until January, 1912, "Pearson's Weekly" advertised compe
<lb/>titions called "Sparklets," in which readers were invited to compete. They were conducted by the Editor, Mr. Lambourne, Mr. Paterson, and the prisoner Espinasse. who was a member of the staff. My attention was called to a correspondence between Lionel L. Hall and our company, and caused inquiries to be made. We received one letter dated December 11, 1911, from 168, Norwood Road, West Norwood, addressed to "the cashier, 'Pearson's Weekly,' Henrietta Street. Dear, sir, I am the winner of the first prize in your 'Spark
<lb/>lets'</p>
<xptr type="pageFacsimile" doc="191203190041"/>
<p>competition, No. 16; the prize, £31 14s., as enclosed in your paper of December 14, 1 have not yet received for the following reasons. I have been out of work for a long time and being very hard up have been staying with different friends, and therefore have had no very fixed abode. In the circumstances my friend at 43, Romany Road, West Norwood, agreed to take in any letters that might come for me while I was away looking for work—he sold his business and the new tenants returned my letters to the Post Office; so if you have sent a letter I suppose it has been returned to you through the dead letter office. Will you please send the money to me at the above address, 168, Norwood Road, West Norwood, where my friend now is and where it will be quite safe. I hope you will do this it is no fault of mine that at has gone astray, and I am very urgently in need of the money just now. Thanking you in anticipation.—I am, yours faithfully, Lionel Hall. P.S.—My line, 'Rhyme critically scan,' was written on the top line of the coupon, and I printed it in two colours." We received another letter, signed "L. L. Hall," from 237, Clarence Road, Camden Town," January 12, 1912, to the cashier. Dear Sir,—I am writing to thank you for your letter and for the trouble you have taken to place the cheque which I won in your 'Sparklets' Competition. I have myself made every possible inquiry but there is no trace of it, and the only explanation is that it must have been mislaid by the Post Office or detained by someone who has no right to it. It seems to me to be hard that I should lose this money which I have rightfully won and greatly need, and I should be thankful if you would suggest any means by which I might recover it." That enclosed a registered envelope for a reply. About January 8 I gave instructions for a letter to be written to L. L. Hall inviting him to call upon us; he never did so. Throughout that competition I compared the signatures on winning coupons sent in, with the endorsements on cheques given as prizes; I find in a great many cases they do not agree. As a result of other inquiries on January 22 a warrant was issued for the arrest of Espinasse and Edith Ullman, and on January 23 they were brought up to Bow Street and remanded for a week. A warrant was then issued for the arrest of Sam Ullman, and he was brought up at Bow Street on January 29. They were subsequently all three committed for trial on charges of conspiracy, obtaining cheques by false pretences, and forgery. At the police court Mrs. Davis gave evidence and produced a list of results of "Sparklets" competitions with the names of the prize winners, in which she underlined those she knew. She underlined names in every competition, except Nos. 1 and 2, which were judged when Espinasse was away and was not judging the prizes, No. 12 when Espinasse was away ill, Nos. 19 and 20 when Espinasse was judging the competitions, but while the Lionel L. Hall corre
<lb/>spondence was going on, and 23 and 24 when this prosecution had been started and Espinasse was not judging. I have compared hand
<lb/>writing on winning coupon in Competition 4 with the endorsement on cheque given as first prize, which was returned by our bankers, and I find they do not agree, sent in by "Frank Sutton, 141, Oldham Road, City, Manchester," the answer sent in by Mrs. Pestry, 74,</p>
<xptr type="pageFacsimile" doc="191203190042"/>
<p>Betlow Road, Shepherd's Bush, of December 12, does not agree with the endorsement on the prize cheque. I have seen a specimen of Sam Ullman's writing, and I consider the writing on the coupon to be his. Answer sent in by "D. Lester, jun., 132, Rylance street, Ardwick, Manchester," is typewritten on the coupon, and signed on the cheque in writing. Endorsement on a cheque won by Miss Lucas, signed "Annie Lucas," is like Mrs. (Ullman's handwriting, Endorsement on prize cheque sent to Miss Effie Boyle, 2, Market Parade, Southall, does not agree with the writing on the coupon. Endorsement on cheque sent to Miss Osborne, Tollington Park, Holloway, does not agree with writing on coupon. Endorsement on cheque to Mrs. N. Franklin, Park Farm, Northwood, is similar to writing on coupon. Answer and endorsement do not agree in the case of J. Allen, 6, Albert Hill, Bishop Auckland. In the case of A. Ingleby, 15, Blackstock Road, Finsbury Park, N., the writing does agree, and in, by opinion, is that of Espinasse. They do not agree in the case of Miss Lucas, 132, Rylance Street, Ardwick, Man
<lb/>chester; in my opinion the writing on the coupon is Mrs. Ullman's, the person endorsing the cheque has began to write "Edith" and then has written "Esther." They do not agree in the case of Mrs. A. Mundy. In the case of "B. Lockman, 311, Camberwell Road, "the address is a printed cutting and is stuck on in leather; the name is printed in ink. In Competition 14, "M. A. Hughes, 60a, Queen's Road, Brighton, "the endorsement does not agree with the writing on the coupon. They do not agree in the case of Lionel L. Hall, Competition 16, in which a prize cheque of 31 14s., dated December 11, was sent, but was never presented for payment at our bankers, the writing on endorsement and coupons do not agree in "F. C. Puttock, 112, Heath Road, Twickenham" (Competition 17); "J. Allen, 6, Albert Hill, Bishops Auckland" (Competition 18); and John Mumford, 22, Churton Street, Victoria" (Competition 21); In the case of Mrs. Franklyn, Park Farm, North-wood, Middlesex, first prize, cheque dated January 8, 14 3s. was sent on January 8, 1912, but has never been presented.</p>
<p>(Monday, March 25.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-148" type="witnessName">
<interp inst="t19120319-name-148" type="gender" value="male"/>
<interp inst="t19120319-name-148" type="surname" value="BATHGATE"/>
<interp inst="t19120319-name-148" type="given" value="JOHN MARSHALL"/>JOHN MARSHALL BATHGATE</persName> </hi>, re
<lb/>called. Further examined. I have examined six bottles, Nos. 1 to 6, of different coloured inks found in Espinasse's bedroom at Beaconswood Farm, Ickenham, and compared the ink on a number of coupons, paying special attention to those from addresses identified by Mrs. Davis. In Competition No. 4, coupons from P. Benson, Harrow Road, and Charles Forrest, of Brentford, are in dark brown ink, exactly corresponding with bottles numbered 4 and 5; coupon from Minnie Newton, Kingston-on-Thames, is written with green ink like No. 3; coupon from Heywood, of Acton, is written with violet ink like bottle No. 2; coupons from Richmore, of Mitcham, and Scott, of Chiswick, are written with dark brown ink like bottles 4 and 5; coupon from Bean, of Kingston, is written with No. 6 (red) ink. In Competition 5, coupon from Miss Topely, Teddington, is</p>
<xptr type="pageFacsimile" doc="191203190043"/>
<p>written in four inks—from bottle No. 1, which is a chemical pre
<lb/>paration or hair dye, No. 4, dark brown, and No. 6, red, and an ordinary black ink; the coupon from Horace Weather by is written with No. 1. (To the jury. Competition No. 4 was published in the paper dated August 31, which would be issued a week before. The winners of that competition would be announced two or three weeks afterwards. The closing date for sending in coupons would be August 31.) I have found 80 coupons apparently written with the six different inks produced. There are 20 coupons typewritten. I have received Exhibits 30 and 31—a large typewriter taken from Espinasse's bedroom and a smaller one from Mrs. Ullman's room. The 20 typed coupons are, in my opinion, produced from one or other of those machines. In Competition 8, the coupon from Ingleby is in Espi
<lb/>nasse's writing disguised. (A number of coupons and endorsements of cheques were stated to be in the handwriting of one or other of the three prisoners.) Letter produced of June 5, 1911, from 20, Ux
<lb/>bridge Road—"My dear May, I forgot to tell you might ask R. to send me just one letter in each place to see same. They go Acton and Ealing this week in the names of Vale and Pestry. I forgot to ask you what he told me to ask you about—Bob, but I should think that would be all right for you. Good luck. God bless you both. Sam,"—is in Sam Ullman's handwriting. W. Vale, of Acton, and Mrs. Pestry were winners in that week's competition. The undated letter from Beaconswood Farm, "Dear Mr. Pomeroy, will. you please cash the enclosed cheque for me. E. M. Ullman," is in Mrs. Ullman's writing. The letter of May 3, 1910, from 20, Uxbridge Road, is in. S. Ullman's writing. According to the printed rules, 10 per cent, of the money received was to be deducted by "Pearson's Weekly "for ex
<lb/>penses and the remainder divided as prizes. In fact, throughout the competitions £1,290 has been received and only £42 deducted for ex
<lb/>penses—less than five per cent. In the winning coupons traced to the prisoners in the majority of cases the endorsement on the cheque does not tally with the writing on the coupon. In those which I consider genuine it does.</p>
<p>Cross-examined. I represent "Pearson's Weekly" in this prosecu
<lb/>tion. Espinasse came into our employment five years ago. I did not warn him or ask him to give back the prize money before I applied for the warrant against him. As far as I know he never signed any agree
<lb/>ment that he and his friends should not compete in these competitions. The staff were told verbally that they and their friends must not com
<lb/>pete. I have examined the coupons which won prizes; I have not examined those which did not win a prize; we have not got them. There was no rule forbidding competitors to compete under an assumed name; it simply said, "Write your name and address." If we had found a competitor was giving a false name and address we should have disqualified him. There was no rule which forbade two or more persons putting their heads together and composing one answer; they would have to send it in one name. Since this prosecution we have added this rule to our competitions, "Each entry must bear the usual signature in, ink of the competitor. Names and addresses may not be typewritten or printed. Each competitor must give his real name and</p>
<xptr type="pageFacsimile" doc="191203190044"/>
<p>address. Unless this rule is complied with the competitor forfeits his or her right to a prize." If the conditions were complied with, the wittiest, most clever, and most brilliant line would win the prize. I cannot say, and I do not think anybody could say, whether the answers which the prisoners are alleged to have sent in were the best or were not the best. In none of the competitions can I produce any better answers. I have no account of any answers sent in by the prisoners which did not win prizes. Between 1, 700 and 2, 000 answers were sent in every week. Espinasse was paid by my firm £2 a week for five days' work; he also contributed articles to "Pearson's Weekly" and other papers. There was no rule to prevent a competitor getting his friend to fill up the answer; I should have withheld the prize if I had known two different people would fill in the answer and endorse the cheque. When the answer sent in was typewritten we gave a prize although the cheque would have to be written and would be in writing. I know a good deal about handwriting, although I do not hold myself out as an expert.</p>
<p>Re-examined. In Competition No. 16 prisoners got 16 prizes, including the first, out of 26 prizes given. Thirteen first prizes were awarded to the prisoners; in two of those the cheques were never pre
<lb/>sented to our bankers for payment. I never came across any coupons in the name of Espinasse or Ullman.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-149" type="witnessName">
<interp inst="t19120319-name-149" type="gender" value="male"/>
<interp inst="t19120319-name-149" type="surname" value="PATERSON"/>
<interp inst="t19120319-name-149" type="given" value="ANDREW"/>ANDREW PATERSON</persName> </hi>, journalist, on the staff of "Pearson's Weekly." 1 controlled the department which dealt with "Sparklets" Competi
<lb/>tions. I came into the employment of the firm in 1907; Espinasse came in November, 1908. Last summer he was residing at Beacons
<lb/>wood Farm, Ickenham. On one occasion I went there and Espinasse introduced Mrs. Ullman to me as his sister. To answer the "Spark
<lb/>lets Competitions the public had to cut out and fill up a coupon from the current copy of "Pearson's Weekly" and send it, together with a 6d. postal order, to us. When the post arrived the coupons were sorted out and sent up to my department. Espinasse then went through them alone and selected the 400 or 500 which he considered best. Espinasse and I then went through those together and selected about 30, which were sent up to the editor for his final judgment. He awarded the first prize. Each of the 30 got some prize. The first prize consisted of half the competition receipts. When Espinasse first came into the employment of Pearsons I told him that members of the staff and their friends were not allowed to compete. He was away for eight or nine weeks in 1909 and 1910; I repeated that rule to him each time he returned. While Competitions 1 and 2 were going on Espi
<lb/>nasse was away ill and had nothing to do with the judging. He and I judged Competitions 3 to 7 inclusive. He judged No. 8 by himself, as I was away; 9, 10, and 11, we judged together. Espinasse was away ill while No. 12 was going on; 13 to 22, inclusive, we did together. He had nothing to do with 23 and 24. We then discontinued our "Sparklets" Competitions. I did not suspect him at all; I had great faith in him.</p>
<p>Cross-examined. Espinasse could not have sent a coupon to the editor without my consenting. Sometimes when he thought a coupon better than I thought it I gave way and let it go up. I only remember</p>
<xptr type="pageFacsimile" doc="191203190045"/>
<p>one occasion when the editor asked to see the rejected coupons. I con
<lb/>sider that these competitions need intelligence on the part of the com
<lb/>petitor. I cannot produce any coupons which were better than those of the prisoners which won the prizes. Espinasse was under me. I consider the coupons sent in by the prisoners were witty, brilliant, and sparkling.</p>
<p>Re-examined. As Espinasse had gone through the whole compete
<lb/>tion, I relied more upon his opinion than upon my own. (To the Judge.) In each competition a word was given and the competitor had to form a sentence each word of which had to contain one letter of the original word; the sentence should contain some reference to the original word, and should be a pun, a proverb, or a witticism. In one case the word "tea "was given, and the answer was "Stage decanters, contain." It was not a mere gamble.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-150" type="witnessName">
<interp inst="t19120319-name-150" type="gender" value="male"/>
<interp inst="t19120319-name-150" type="surname" value="LAMBOURNE"/>
<interp inst="t19120319-name-150" type="given" value="FRANCIS JOHN"/>FRANCIS JOHN LAMBOURNE</persName> </hi>, editor of "Pearson's Weekly." I chose the first prize winner in Sparklets Competitions out of 30 or more coupons that were sent up to me. I relied upon Paterson and Espin
<lb/>asse doing the previous judging fairly and honestly. Each coupon other than the best, of those sent up to me, got a small prize. I was not aware that any of the coupons came from members of the staff or their friends; I thought they all came from genuine members of the public. If I had known that a coupon had been sent in by a member of the staff or a relation of any member of the staff I should not have given that coupon a prize.</p>
<p>Cross-examined. Members of the staff signed no agreement that neither they nor their relations would compete; there was no printed notice anywhere in the office to that effect. On the coupon it says "Sign, "and tells the competitor to sign his own name. I take that to imply that fictitious names and addresses were not allowed. We are now taking special precautions, and tell the competitors that fictitious names and addressee are not allowed. I put that in under the instruct
<lb/>tions of my employers, the directors; I personally did not think it necessary. I could not say whether I could bring the unsuccessful coupons.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-151" type="witnessName">
<interp inst="t19120319-name-151" type="gender" value="male"/>
<interp inst="t19120319-name-151" type="surname" value="PAINTER"/>
<interp inst="t19120319-name-151" type="given" value="CHARLES"/>CHARLES PAINTER</persName> </hi>, 22, Churton Street, Pimlico, newsagent. Four or five years ago Espinasse came to me, gave the name of J. Mum
<lb/>ford, and asked me if I would take in letters for him. I agreed, and letters came from time to time in that name. At intervals of about three months letters would come in that name bearing the Pearson stamp on the flap of the envelope. More than once he told me he was expecting a rather important letter. On those occasions a letter with Pearson's stamp would come for him. On one occasion a lady, whom I cannot identify, called for the letters. The last time I saw him was in December, 1911, when he received about five letters. One of them bore Pearson's stamp. When Espinasse got outside the shop he threw all the letters down except one. A man passing by picked up the other letters and brought them in to me. They were opened and contained circulars. Some of the letters he took were addressed to "Mrs. Mumford." At Bow Street Police Court I picked out Espi
<lb/>nasse</p>
<xptr type="pageFacsimile" doc="191203190046"/>
<p>out from a dozen other men as being the man who gave the name of Mumford.</p>
<p>(Tuesday, March 26.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-152" type="witnessName">
<interp inst="t19120319-name-152" type="gender" value="male"/>
<interp inst="t19120319-name-152" type="surname" value="CROOKALL"/>
<interp inst="t19120319-name-152" type="given" value="GEORGE"/>GEORGE CROOKALL</persName> </hi>, butcher, Ruislip. I have known Espinasse and Mrs. Ullman for about three years. They lived at Beaconswood Farm and were customers of mine. I have cashed about a dozen cheques for Mrs. Ullman altogether. On December 23, 1911, I cashed two cheques (produced) for a guinea each, payable to Mumford on the account of "Pearson's Weekly." I paid all those cheques into my account at Barclay's Bank, Northwood. Nobody else ever gave me cheques drawn by "Pearson's Weekly."</p>
<p>Cross-examined. It is quite easy to see from the cheque that it was a "Pearson's Weekly" competition prize. There was no disguise about it. I have always had satisfactory dealings with them.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-153" type="witnessName">
<interp inst="t19120319-name-153" type="gender" value="male"/>
<interp inst="t19120319-name-153" type="surname" value="HUNT"/>
<interp inst="t19120319-name-153" type="given" value="EBENEZER BRADLEY"/>EBENEZER BRADLEY HUNT</persName> </hi>, cashier, Barclay's Bank, Northwood. I produce certified extract of the account of George Crookall. On December 27, 1911, two cheques on Pearson's for one guinea each were paid into his account. There are also cheques payable to J. Mum-ford and Mrs. Lucy.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-154" type="witnessName">
<interp inst="t19120319-name-154" type="gender" value="male"/>
<interp inst="t19120319-name-154" type="surname" value="PUSY"/>
<interp inst="t19120319-name-154" type="given" value="GEORGE ALBERT"/>GEORGE ALBERT PUSY</persName> </hi>, manager to Elizabeth Mary Bradford, corn merchant, 128, High Street, Uxbridge. I supplied goods to Beacons-wood Farm, Ickenham, where Espinasse and Mrs. Ullman were living. I at first looked to Mrs. Ullman for payment, but from Christmas, 1910, I looked to Espinasse. I had cashed and received for goods delivered cheques drawn by Pearson's for Mrs. Ullman, which I paid into our account at Barclay's Bank, Uxbridge. I never to my know
<lb/>ledge received Pearson's cheques from anybody else. Mrs. Ullman told me Espinasse was her brother. Since the account was changed into the name of Espinasse I have received these Pearson's cheques.</p>
<p>Cross-examined. I saw from the cheques that they were received as prizes from "Pearson's Weekly."</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-155" type="witnessName">
<interp inst="t19120319-name-155" type="gender" value="female"/>
<interp inst="t19120319-name-155" type="surname" value="ROSE"/>
<interp inst="t19120319-name-155" type="given" value="ALICE"/>ALICE ROSE</persName> </hi>, cashier to Mrs. Bradford, corn merchant, Uxbridge. Mrs. Ullman paid for goods by Pearson's cheques, which we paid into Barclay's Bank. These were the only Pearson's cheques we received.</p>
<p>Evidence, not cross-examined to by the defence, was called tracing to the' prisoners through Mrs. Bradford's account three cheques of £1 each in October, 1911, payable to Mrs. Evans, Miss J. Fowler, and P. Blunt; October 23 cheque payable to R. Cox. In the account of John Vasey, builder, Uxbridge, two £5 notes (Exhibits 36 and 37) were traced to Espinasse and Mrs. Ullman in November and Decem
<lb/>ber. In the account of Halkeston Paul Herron, wine merchant of Uxbridge, £5 note (Exhibit 38), was traced to Mrs. Ullman and Espi
<lb/>nasse on December 18.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-156" type="witnessName">
<interp inst="t19120319-name-156" type="gender" value="male"/>
<interp inst="t19120319-name-156" type="surname" value="BARBER"/>
<interp inst="t19120319-name-156" type="given" value="HARRY"/>HARRY BARBER</persName> </hi>, salesman to Kastner and Co., 34, Margaret Street, W., pianoforte manufacturers. Espinasss bought a piano player from us on September 18 and paid for it with £5 note (No. 67, 321) and cheque for £7 drawn by H. Pomeroy in favour of "E. M. Ullman." I hesitated about accepting the cheque; Espinasse said.</p>
<xptr type="pageFacsimile" doc="191203190047"/>
<p>"You do not mind accepting my sister's cheque," the cheque was paid into our account at Parr's Bank.</p>
<p>A £5 note 67, 321, a £5 note 08, 094, a £5 note 78, 680 on Decem
<lb/>ber 18, and a £5 note 75, 512, were traced to Espinasse.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-157" type="witnessName">
<interp inst="t19120319-name-157" type="gender" value="female"/>
<interp inst="t19120319-name-157" type="surname" value="NICHOLLS"/>
<interp inst="t19120319-name-157" type="given" value="MARY"/>MARY NICHOLLS</persName> </hi>, wife of Arthur Nicholls, Park Farm, Northwood. In 1908 Mrs. Ullman asked me to take in letters for her in the name of Mrs. Franklin. From time to time since then letters have come in that name. The last one came in January; it had Pearson's stamp on the flap. In 1908 we were in hospital together; Ullman called to see her. After we came out of the hospital she stayed at my house as a paying guest in May or June for a week or so.</p>
<p>Cross-examined. When we were in hospital together I knew she was competing in newspaper competitions.</p>
<p>Re-examined. When we were in hospital, I said to her, "What are you doing?. She said, "I am trying to do competitions." I do not know what name she was competing in.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-158" type="witnessName">
<interp inst="t19120319-name-158" type="gender" value="male"/>
<interp inst="t19120319-name-158" type="surname" value="POMEROY"/>
<interp inst="t19120319-name-158" type="given" value="JOHN HENRY"/>JOHN HENRY POMEROY</persName> </hi>, 62, Marchmont Street, Russell Square, draper. I have changed from 20 to 30 Pearson's cheques for Mrs. Ullman; I paid them into my account at the London and South
<lb/>western Bank, Southampton Row. I think I have changed one or two Pearson's cheques for other people. On October 17, 1911, she asked me to change a cheque, and as I had not change I gave her my cheque for £7.</p>
<p>Cross-examined. I saw that these were prize competition cheques; I think Mrs. Ullman told me so.</p>
<p>Re-examined. I do not remember any one of these cheques being drawn in her favour; very few if any were.</p>
<p>An extract from the bank account of J. H. Pomeroy was proved, showing that, on October 18, Pearson's cheques for £18 15s., four cheques for £1 each, and six cheques for £1 1s. were paid into that Account. On December 12, two Pearson's cheques for £1 each and seven cheques for £1.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-159" type="witnessName">
<interp inst="t19120319-name-159" type="gender" value="male"/>
<interp inst="t19120319-name-159" type="surname" value="SNOW"/>
<interp inst="t19120319-name-159" type="given" value="GEORGE CARTER"/>GEORGE CARTER SNOW</persName> </hi>, 3 Vine Street, Uxbridge, grocer. I have sup
<lb/>plied goods to Beaconswood Farm, where I saw Mrs. Ullman. In payment of my account I have received about a dozen Pearson's prize cheques of £1 or £1 1s. from Mrs. Ullman drawn in other names. I paid them all into my account at the London County and Westminster Bank. I have never received any Pearson's cheques from anybody else.</p>
<p>An extract from George Carter Snow's bank account was proved, showing that Pearson's cheques were paid in: for £1, payable to Mrs. Thompson, paid in October 14, dated September 5, Competition No. 3; for £1, payable to M. Newton, paid in September 22, Competition 4; for £1, payable to W. Vale, paid in November 3, Competition 10.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-160" type="witnessName">
<interp inst="t19120319-name-160" type="gender" value="male"/>
<interp inst="t19120319-name-160" type="surname" value="DAVIS"/>
<interp inst="t19120319-name-160" type="given" value="NORMAN EDWARD"/>NORMAN EDWARD DAVIS</persName> </hi>, manager to Max Ullman, 20, Uxbridge Road, fishmonger. I have known Sam Ullman for 20 years; he worked for his brother, who is my employer. I was above him. About 18 months or a year ago he asked me to get him addresses where letters could be received in reference to competitions; I am not sure whether he said Pearson's competitions or not. He said he had three well-educated</p>
<xptr type="pageFacsimile" doc="191203190048"/>
<p>university friends who were very clever at doing competitions, I got him between 20 to 25 addresses where letters could be received, mostly newspaper shops and tobacconists. I never gave my name or Ullman's name at these addresses; I gave any name that came into my head. Once I used my own address, and my name reversed," Davis Norman." I gave Ullman a list of the names and addresses I had collected. Sam Ullman then wrote a test letter to the false name ami address which I posted and afterwards collected and brought back to him. He would open them in my presence; they contained blank pieces of paper. When I collected the test letter, acting under Sam Ullman's instructions, I told the people in the shop that I expected an important letter which they were to take care of. I then looked in "Pearson's Weekly" for the false name and address among the prize winners, and if I found it I collected the letter containing the prize and gave it to Sam Ullman. I collected between 15 to 20 such letters and gave them to Sam Ullman. They always had the Pearson's stamp on me flap. Sam Ullman never opened them in my presence. He did not tell me what was in them, but I knew what was in them. I copied the letter purporting to come from Lionel L. Hall from a draft given me by Sam Ullman. It was quite untrue. My wife got the addresses 43, Romany Road, West Norwood, and 168, Norwood Road, Norwood, which are mentioned in the letter. I had further cor
<lb/>respondence with Pearson's; they wrote inviting me to call. I do not know what has happened to that letter; my little boy may have torn it up. I received it at 237, Clarence Road, Camden Town, my mother's address, where I had told them to send the money. I showed that letter to Sam Ullman; he said lie would see about it and let me know; later on he said, "You had better not go and see them about it." He did not give me any reason. I wrote three letters to Pear
<lb/>son's altogether, from dr'afcs supplied to me by Sam Ullman, which I returned to him—he asked me for them. At first I got 1s. for each letter I collected; afterwards half a crown. I was only told to look in "Pearson's Weekly" for the list of prize winners, and I never die look in any other paper.</p>
<p>Cross-examined. The letters I collected which had not the Pear
<lb/>son's stamp might have come from other competitions.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-161" type="witnessName">
<interp inst="t19120319-name-161" type="gender" value="female"/>
<interp inst="t19120319-name-161" type="surname" value="DAVIS"/>
<interp inst="t19120319-name-161" type="given" value="ANNIE ELLEN"/>ANNIE ELLEN DAVIS</persName> </hi>, wife of the last witness. About 12 months ago my husband introduced me to Sam Ullman, who asked me to get him addresses for competitions in "Pearson's." I collected addresses in London and the country. The names were always other than Davis or Ullman. I collected letters in the London district and gave them to Sam Ullman. He never opened them in my presence. I was paid half a crown for each letter and travelling expenses. The country letters were posted to me by the people at the addresses where they were received; some had Pearson's stamp on the back. I then sent them on to Mr. Ullman. With regard to collecting London letters, I was told by Sam Ullman to look in the prize list in "Pearson's Weekly," where I would see that a prize was going to a particular address which we had found for Sam Ullman; I then went to that address and collected the letter. Inspector Gough and I went through lists of prize winners from "Pearson's Weekly "(produced) and he,</p>
<xptr type="pageFacsimile" doc="191203190049"/>
<p>under my direction, underlined all the names and addresses which we had collected for Sam Ullman. We underlined names and addresses in every competition except 1, 2, 12, 19, and 20, in which competitions I did not know any of the names and addresses.</p>
<p>Cross-examined. When we underlined the names and addresses only Inspector Gough, Police-constable Gillard, and myself were present. I cannot remember whether Gough gave me assistance in remembering which names and addresses to underline or whether I found difficulty in remembering them.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-162" type="witnessName">
<interp inst="t19120319-name-162" type="gender" value="female"/>
<interp inst="t19120319-name-162" type="surname" value="DAVIS"/>
<interp inst="t19120319-name-162" type="given" value="MARY CAROLINE"/>MARY CAROLINE DAVIS</persName> </hi>, 23Y, Clarence Road, Camden Town, mother of, Norman. Davis. I received letters for my son at my house in the name of Lionel Hall, which he called for and received. He had a house of his own at the time.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-163" type="witnessName">
<interp inst="t19120319-name-163" type="gender" value="male"/>
<interp inst="t19120319-name-163" type="surname" value="BISSENT"/>
<interp inst="t19120319-name-163" type="given" value="SIDNEY FRANCIS"/>SIDNEY FRANCIS BISSENT</persName> </hi>, newsagent. I formerly had a shop at 43, Romany Road, Norwood; in October, 1911, I moved to 168, Norwood Road, West Norwood. Soon afterwards Norman Davis called, gave the name of Lionel Hall, and received letters in that name.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-164" type="witnessName">
<interp inst="t19120319-name-164" type="gender" value="male"/>
<interp inst="t19120319-name-164" type="surname" value="BRIDGE"/>
<interp inst="t19120319-name-164" type="given" value="ALFRED"/>ALFRED BRIDGE</persName> </hi>, newsagent. On November 6 I moved into 43, Romany Road, West Norwood. Soon afterwards a woman called for letters addressed to Hall. After that Norman Davis called; I refused to take letters in for him in the name of Hall, but agreed to re-address them to 168, Norwood Road, which I did.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-165" type="witnessName">
<interp inst="t19120319-name-165" type="gender" value="male"/>
<interp inst="t19120319-name-165" type="surname" value="GEORGE"/>
<interp inst="t19120319-name-165" type="given" value="RICHARD"/>RICHARD GEORGE</persName> </hi>, 173, Holloway Road, Kensington, butcher. Sam Ullman, who I know as working at the shop of Max Ullman, was a customer of mine. He always paid for his goods in cash. I have changed 20 or 30 Pearson's cheques for him, all of which I paid into my account at the Holland Park Avenue West Branch of the London and South-Western Bank. I never received any Pear
<lb/>son's cheques from anybody else. I changed some cheques for £34, some for £1 1s., and some for more than that; one was for £19. Ullman never told me how he came to have those cheques; I never directly asked him. I have occasionally joked with him about having the cheques; once I said, "What, another?" He said, "Yes, but it is not me; I am not clever; it is my wife who is clever." I used to wait until the cheques had been cleared before I paid him the money. On one or two occasions Sam Ullman has brought me more than one cheque at a time. He brought me the last cheque about a fortnight before I heard of this prosecution.</p>
<p>Cross-examined. I knew they were going in for these competi
<lb/>tions; after he had made the remark about his wife being clever they made no secret about it. I changed the cheques, although they were in names different to Ullman. I did it in the ordinary course of business.</p>
<p>Re-examined. I will not go so far as to say that I did not suspect anything because the cheques were in different names; a man at common sense would know that there was something not quite right.</p>
<p>Extracts from the books of the London and South-Western Bank of the account of the last witness, being proved, showed the follow
<lb/>ing Pearson's cheques credited: Five cheques for £1 on Septem
<lb/>ber 15, two cheques for £1 on September 21, one cheque for £19</p>
<xptr type="pageFacsimile" doc="191203190050"/>
<p>on September 30, cheque for 10s. on October 7, cheques for £1 and £1 1s. on October 11, two for £1 1s. on Octo
<lb/>ber 16, £1 on October 21, £1 1s. on October 23, two for £1 on November 30, three for £1 1s. and one for £1 on December 13, £1 1s. on January 4, two for £1 on January 22. All these cheques were produced and were in names other than Espinasse and Ullman.</p>
<p>(Wednesday, March 27.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-166" type="witnessName">
<interp inst="t19120319-name-166" type="gender" value="male"/>
<interp inst="t19120319-name-166" type="surname" value="GILBERT"/>
<interp inst="t19120319-name-166" type="given" value="ARTHUR JAMES"/>ARTHUR JAMES GILBERT</persName> </hi>, 5, Stainforth Road, Walthamstow. I know Max Ullman, fishmonger, of 85, Lower Thames Street, and have known his brother, Sam Ullman, for about four years as work
<lb/>ing for Max Ullman. For the last fifteen months Sam Ullman has brought me Pearson's cheques, which I have cashed for him in the Fish Market with Forge, Beechcroft, and another fishmonger. On the first occasion I asked, "Is this cheque all right?" He said, "Do you think I should bring anything to you if it was not right?" On inquiry I was told they were as good as the Bank of England. They have varied in amount from £1, £1 1s., to £15, and upwards; one in January, 1912, was £45. He brought them about once a week and paid me 1s. or 2s. for cashing them. He has shown me a number of 6d. postal orders, and said, "These are what I am sending in for the competition." He asked me if he could have letters sent to my address; I agreed, and three letterscame in the name of "Hilbert," which I handed to him.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-167" type="witnessName">
<interp inst="t19120319-name-167" type="gender" value="male"/>
<interp inst="t19120319-name-167" type="surname" value="BEECROFT"/>
<interp inst="t19120319-name-167" type="given" value="GEORGE"/>GEORGE BEECROFT</persName> </hi>, member of Beecroft and Sons, 14, Billingsgate Market, wholesale fishmongers. Gilbert has brought me a number of Pearson's cheques payable to different names of amounts between £10 and £40, and one of £45, which I paid into my bank and gave open cheques for the amounts in the name of Sam Ullman; also a number of smaller Pearson's cheques for which I gave cash. I paid him in all £278 9s. 6d. for the cheques cashed between May 5 and December 27, 1911. They were all Pearson's cheques.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-168" type="witnessName">
<interp inst="t19120319-name-168" type="gender" value="male"/>
<interp inst="t19120319-name-168" type="surname" value="FORGE"/>
<interp inst="t19120319-name-168" type="given" value="FREDERICK WILLIAM"/>FREDERICK WILLIAM FORGE</persName> </hi>, trading as Peter Forge, 23, Monument Street, fish salesman. I have cashed a number of Pearson's cheque for Gilbert, giving cash from the till and paying the cheques into the London City and Midland Bank, Eastcheap.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-169" type="witnessName">
<interp inst="t19120319-name-169" type="gender" value="male"/>
<interp inst="t19120319-name-169" type="surname" value="KINDELL"/>
<interp inst="t19120319-name-169" type="given" value="PHILLIP WILLIAM"/>PHILLIP WILLIAM KINDELL</persName> </hi>, joint manager, London City and Mid
<lb/>land Bank, Eastcheap, produced account of Peter Forge and identified 18 Pearson's cheques of £1 and £1 1s. in various names paid into that account from September 20 to December 23, 1911; also account of W. Beecroft and Sons, and identified the following Pearson's cheques paid into that account: September 16, £25; 23rd, £15 10s.; October 7, £20 15s.; 11th, three cheques of £1 1s.; 23rd, £24; 28th, £26; November 7, £20; 14th, £1; 18th, £31; 24th, two of £1; 29th, £1; December 5, two of £1; 18th, £36 16s.; 23rd, two of £1; 27th, £45 13s.—all in different names.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-170" type="witnessName">
<interp inst="t19120319-name-170" type="gender" value="male"/>
<interp inst="t19120319-name-170" type="surname" value="LOCK"/>
<interp inst="t19120319-name-170" type="given" value="LEONARD ALFRED"/>LEONARD ALFRED LOCK</persName> </hi>, assistant cashier to C. Arthur Pearson, Limited. I made out cheques to prize winners in "Sparklets" Com
<lb/>petitions from the names contained in the lists of winners published in "Pearson's Weekly."</p>
<xptr type="pageFacsimile" doc="191203190051"/>
<p>Detective-inspector
<hi rend="smallCaps">WILLIAM GOUOH</hi>, E division. On January 22 I arrested Espinasse on a warrant at Pearson's offices in Henrietta street, Covent Garden. I read the warrant. He said, "I do not in the least know what it is; it may be so; I do not understand." I said, "shall I explain it?" He said, "Yes, please." I told him that in effect: he, being the adjudicator of solutions of competitions under the title of "Sparklets, "advertised in "Pearson's Weekly," had caused the cheques for prizes awarded to successful competitors to be addressed to fictitious names and addresses, such as newsvendors and tobacconists which were houses of call for letters: "It has been ascertained that the cheques contained in the letters for the prize winners were obtained by Mrs. Ullman, who obtained the money for them by passing the same through different persons' accounts. You have been living with this woman, who is married and has been living apart from her hus
<lb/>band, and it is alleged you both had the proceeds of the cheques." He said, "Mrs. Ullman is a relative of mine. I have nothing to do with awarding prizes. I have nothing to do as to where the prizes go. I understand the charge now. Has Mrs. Ullman been changing these cheques? She is a distant relation of mine." I took him to Bow Street Police Station, where the charge was read over; he made no reply. He gave his address as Beaconswood Farm, Ickenham, Mid
<lb/>dlesex. On January 29 I arrested Sam Ullman on a warrant charging him with conspiring with Eepinasse and Mrs. Ullman. He said, "I neither admit nor deny anything about that or what is mentioned in the warrant. You had better see my solicitor." He said nothing when the charge was read over.</p>
<p>Detective-sergeant
<hi rend="smallCaps">JOSEPH GILLABD</hi>, E division. On January 22, at 8 p.m., I went with Detective-constable Warner to Beaconswood Farm, Ickenham, and saw Mrs. Ullman in the dining-room. I said, "We are detective police officers and hold a warrant for your arrest for conspire
<lb/>ing with Bernard Espinasse, now in custody, "to cheat and defraud C. Arthur Pearson, Limited, of 13, Henrietta Street, W.C. "I read the warrant. She said, "I do not understand this. I have done a few coupons on my own, but I have had nothing to do with Pearson's coupons. I have used various names in competitions connected with 'Answers' and other papers, but have never competed in Pearson's competitions. Will you explain it further to me? I do not know what to do." I said, "It is alleged that you have received cheques from Pearson s, Limited, posted to fictitious persons at newspaper and tobacconists' shops which are houses of call for letters and have taken them to a medium who has cashed them and given you their proceeds." She said, "Have you any proofs?" I said, "You will hear everything later on." I conveyed her to Bow Street, where she was charged and made no reply. On the way she said, referring to Espinasse, "Mr. B. is a cousin of mine—my husband only comes home for week-ends."</p>
<p>Detective-constable
<hi rend="smallCaps">FREDERICK WARNER</hi>, E division, corroborated. Mrs. Beesley showed me Mrs. Ullman's bedroom, where I found three letters and small typewriter (produced). In Espinasse's bedroom I found the large typewriter and six bottles of coloured inks. I saw a piano-player in the house.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-171" type="witnessName">
<interp inst="t19120319-name-171" type="gender" value="female"/>
<interp inst="t19120319-name-171" type="surname" value="BEESLEY"/>
<interp inst="t19120319-name-171" type="given" value="SUSANNAH"/>SUSANNAH BEESLEY</persName> </hi>. I have lived at Beaconswood Farmhouse for</p>
<xptr type="pageFacsimile" doc="191203190052"/>
<p>seven months. Espinasse and Mrs. Ullman lived there; Sam Ullman came down for week-ends. I have seen many coupons such as pro
<lb/>duced.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-172" type="witnessName">
<interp inst="t19120319-name-172" type="gender" value="male"/>
<interp inst="t19120319-name-172" type="surname" value="ZWINGER"/>
<interp inst="t19120319-name-172" type="given" value="THOMAS"/>THOMAS ZWINGER</persName> </hi>, inspector, Banknote Department, Bank of Eng
<lb/>land, produced and identified nine £5 notes produced.</p>
<p>Mr. Hayes submitted that no case had been made out on the charge of forgery as the effect of the instrument did not depend on the identity of the person personating.</p>
<p>(Stephen's Digest p. 27; R. v. Dunn, 1 Leach, p. 57; R. v. Martin, 5 Q.B.D., p. 34.)</p>
<p>The Common Sergeant said the thought the facts brought the offence within the general description of forgery; but it was not very material, because it was only another way of stating what would be a misdemeanour under another title.</p>
<p>(Thursday, March 28.)</p>
<p>Verdict (all),
<rs id="t19120319-31-verdict-1" type="verdictDescription">
<interp inst="t19120319-31-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-31-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Guilty of conspiracy</rs>;
<rs id="t19120319-31-verdict-2" type="verdictDescription">
<interp inst="t19120319-31-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19120319-31-verdict-2" type="verdictSubcategory" value="directed"/>Not guilty (on the direction of the Common Serjeant) of forgery.</rs> </p>
<p>Sentences: Espinasse (who had been in custody two and a half months),
<rs id="t19120319-31-punishment-31" type="punishmentDescription">
<interp inst="t19120319-31-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-31-punishment-31" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-31-19120319 t19120319-31-punishment-31"/>Nine months' imprisonment</rs>; Edith Ullman,
<rs id="t19120319-31-punishment-32" type="punishmentDescription">
<interp inst="t19120319-31-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-31-punishment-32" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-31-19120319 t19120319-31-punishment-32"/>Two months' imprisonment</rs>; Sam Ullman,
<rs id="t19120319-31-punishment-33" type="punishmentDescription">
<interp inst="t19120319-31-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-31-punishment-33" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-31-19120319 t19120319-31-punishment-33"/>Four months' imprisonment</rs>—all without hard labour—the sentences to run concurrently, on each count.</p>
<p>
<hi rend="smallCaps">BEFORE JUDGE RENTOUL</hi> </p>
<p>(Friday, March 22.)</p> </div1>
<div1 type="trialAccount" id="t19120319-32">
<interp inst="t19120319-32" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-32" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-32-charge-1" targOrder="Y" targets="def1-32-19120319 t19120319-32-offence-1 t19120319-32-verdict-1"/>
<join result="criminalCharge" id="t19120319-32-charge-2" targOrder="Y" targets="def2-32-19120319 t19120319-32-offence-1 t19120319-32-verdict-1"/>
<join result="criminalCharge" id="t19120319-32-charge-3" targOrder="Y" targets="def3-32-19120319 t19120319-32-offence-1 t19120319-32-verdict-1"/>
<join result="criminalCharge" id="t19120319-32-charge-1" targOrder="Y" targets="def1-32-19120319 t19120319-32-offence-2 t19120319-32-verdict-2"/>
<join result="criminalCharge" id="t19120319-32-charge-2" targOrder="Y" targets="def2-32-19120319 t19120319-32-offence-2 t19120319-32-verdict-2"/>
<join result="criminalCharge" id="t19120319-32-charge-3" targOrder="Y" targets="def3-32-19120319 t19120319-32-offence-2 t19120319-32-verdict-2"/>
<p>
<persName id="def1-32-19120319" type="defendantName">
<interp inst="def1-32-19120319" type="gender" value="male"/>
<interp inst="def1-32-19120319" type="age" value="28"/>
<interp inst="def1-32-19120319" type="surname" value="WRIGHT"/>
<interp inst="def1-32-19120319" type="given" value="ALBERT EDWARD"/>
<interp inst="def1-32-19120319" type="occupation" value="bricklayer"/>
<hi rend="largeCaps">WRIGHT</hi>, Albert Edward (28, bricklayer)</persName>,
<persName id="def2-32-19120319" type="defendantName">
<interp inst="def2-32-19120319" type="gender" value="male"/>
<interp inst="def2-32-19120319" type="age" value="26"/>
<interp inst="def2-32-19120319" type="surname" value="GOODMAN"/>
<interp inst="def2-32-19120319" type="given" value="JAMES"/>
<interp inst="def2-32-19120319" type="occupation" value="dealer"/>
<hi rend="largeCaps">GOODMAN</hi>, James (26, dealer)</persName>, and
<persName id="def3-32-19120319" type="defendantName">
<interp inst="def3-32-19120319" type="gender" value="male"/>
<interp inst="def3-32-19120319" type="age" value="22"/>
<interp inst="def3-32-19120319" type="surname" value="STEVENS"/>
<interp inst="def3-32-19120319" type="given" value="JOSEPH"/>
<interp inst="def3-32-19120319" type="occupation" value="greengrocer"/>
<hi rend="largeCaps">STEVENS</hi>, Joseph (22, greengrocer)</persName>
<rs id="t19120319-32-offence-1" type="offenceDescription">
<interp inst="t19120319-32-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t19120319-32-offence-1" type="offenceSubcategory" value="robbery"/>, robbing with violence
<persName id="t19120319-name-176" type="victimName">
<interp inst="t19120319-name-176" type="gender" value="male"/>
<interp inst="t19120319-name-176" type="surname" value="BURKE"/>
<interp inst="t19120319-name-176" type="given" value="MICHAEL"/>
<interp inst="t19120319-name-176" type="occupation" value="costermonger"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-32-offence-1 t19120319-name-176"/>Michael Burke</persName>, and stealing from him £1 10s., his moneys.</rs> </p>
<p>Mr. Cohen prosecuted; Mr. Curtis Bennett and Mr. St. John Hut
<lb/>chinson defended Wright and Goodman; Mr. Purcell defended Stevens.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-177" type="witnessName">
<interp inst="t19120319-name-177" type="gender" value="male"/>
<interp inst="t19120319-name-177" type="surname" value="BURKE"/>
<interp inst="t19120319-name-177" type="given" value="MICHAEL"/>MICHAEL BURKE</persName> </hi>, costermonger, of 9, Bottom Yard, North End Road, Fulham. On Sunday February 25 last I left home and went to Hatten to buy some roots arriving there about 3 p.m. On my way home I ar
<lb/>rived at Harlington at about 6.15. I went into the "Coach and Horses," Bath Road, and then into the "Berkeley" Hotel, where I met pri
<lb/>soners who were strangers to me. I was with a man named Sims, who worked with me. He and I and two of the prisoners started play
<lb/>ing darts for drinks and I lost. I had on me about 38s., half a sovereign of which was in gold and the rest in silver. I left about 8.10 with three other men who were in there when we got in, and we went to the" Jolly Waggoners," about a mile away. A second after prisoners came in. I called for six pints of ale. Sims had gone home by this; he left me at the "Berkeley." We stopped there about 30 minutes; there was no quarrelling to my knowledge. At about 8.45 we left; I believe that the man would not serve us any more. I was not sober; I was not drunk; I had had several drinks Six men, including prisoners, left with me and we went to the "Travellers' Friend," about three-quarter mile away. We stayed</p>
<xptr type="pageFacsimile" doc="191203190053"/>
<p>there till closing time, 10 p.m. There was no trouble between us up to then that I know of. On leaving, the three other men were in front of me some little distance; they were singing; I was behind by myself and the three prisoners were following me; I cannot say bow far they were behind. About two seconds after leaving my arms were suddenly pulled from behind me. I struggled and was thrown to the ground. I saw Wright and Goodman in front of me when my arms were pulled; I did not see the man behind me; when on the ground the three prisoners hit me in the face. When paying for the drinks I generally put my hand in my pocket and pulled out a handful of silver; I believe I did that at the "Jolly Waggoners "; I cannot say I did so at the "Travellers' Friend." My money was in my trousers pockets; I suppose when I left the "Travellers' Friend" I had about 33s., 10s., of which was in gold. When some people helped me to my feet I found that my pockets were turned out and my money was gone. I struggled and hit out when my pockets were being rifled; I may have kicked; the attack lasted two or three minutes. I do not know how long I was lying there before a person came to my assistance. I walked to the police station about two miles away, where I was seen by a doctor. I was quite sober then. It is my belief that the three prisoners are the men who set about me.</p>
<p>Cross-examined by Mr. Purcell. The first public-house I called at on the day was at Hatton at about 3.30 p.m., where Sims and I had a couple of drinks; the last time I had had solid food was at 11 a.m. I do not remember quite how long we stayed there. The next drink I had was at the "Coach and Horses," where we stayed 10 minutes and had one drink. The next public-house was the "Berkeley," where I stood drinks two or three times because I lost at dart; I only had one drink there before then. There was a man there lifting two chairs—a chair by the leg; I did say I would pay for smokes and drinks all round if he could lift two. He did so, and I paid for drinks and smokes all round. Then the darts began and I was paying for drinks from 6.30 to 8.30; we only played two or three games, and I may have paid for drinks three times; I will not swear it was not four times; there were about seven of us; there may have been 12, but I did pot stand for 12 people. I will swear I did not stand drinks five times. They may have stood drinks to me also. I cannot swear that I had the half-sovereign on me when I left the "Berkeley." I may have put it down there for a sixpence. I am not clear as to the number of drinks and who were in the party at the different times. I have an idea that I had 30s. odd in my pocket when I left the "Jolly Waggoners." I did not describe myself as "one of the Fulham boys." It is true I have lived there 20 years. I did not say I did not care much about the Hounslow people. I have never been picked up in the street incapable; I have been charged six times with being drunk. I do not remember Stevens drawing my attention to the fact that I was going out leaving change for half a sovereign on the counter. I am always jolly when I get drunk; I do not get quarrelsome. On leaving the "Travellers' Friend" I did not have a fight with one of these men. The road</p>
<xptr type="pageFacsimile" doc="191203190054"/>
<p>was very dark and I cannot say where the nearest house was. Further down the road it is true there is open country. When I first complained to the police I complained of being assaulted, and then afterwards complained that I had been robbed. I may have produced all my money at one of the public-houses, and Stevens may have taken some out of his pocket and said, "You are not the only man who has got money."</p>
<p>Cross-examined by Mr. Hutchinson. I never got quarrelsome at all. Sims has worked for me four years; he may have a different opinion of me than I have. I do not remember having an argument with 'Wright about a cigar. We had one drink at the "Jolly Waggoners" and then we were refused more drinks. We all left there singing. I do not remember a lot of horse play at the "Traveller's Friend." It is not true that on leaving there I was so drunk that Wright had to help me along. I did not start quarrelling with him again. I might have struck him on the mouth. They all knocked me down. I believe it was Stevens who first caught me from behind. I am positive that Wright and Goodman then came in front of me. Wright did not hit me in self-defence, I did not see them run away; I was knocked silly. Somebody came up to help me and I told them that my money had been taken, but I cannot remember showing them my pockets turned inside out.</p>
<p>Re-examined. After being knocked down I did not see any more of them till at the station the same night; I had given a description of them. We were drinking beer at 2d. a pint.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-178" type="witnessName">
<interp inst="t19120319-name-178" type="gender" value="male"/>
<interp inst="t19120319-name-178" type="surname" value="SIMS"/>
<interp inst="t19120319-name-178" type="given" value="WALTER"/>WALTER SIMS</persName> </hi>, Costermonger. I work for Burke; I have known him four or five years. On February 25 I met him at 12.30 p.m. and I was with him when he went to the "Berkeley." The three prisoners were in there;—did not know them before. We talked to them about some chairs. I went to the back of the house for a certain purpose and while there Goodman and Stevens came in. Goodman said to Stevens, "I will kick him in the private." I did not hear Stevens say anything. Wright came in with them. He said nothing. I reckoned Goodman referred to us. On returning to the public-house Wright said to the other two, "I am with you." I had returned by myself; I did not say anything to them in the urinal. We had had one game of darts before this happened. We did not play after we returned. I left Burke at about 7 and did not see him again that night. I do not know what money he had on him; he paid for one lot of drinks while I was there.</p>
<p>To Mr. Curtis Bennett. Burke was not getting somewhat quarrel
<lb/>some and trying to have rows with people before I left. I remember saying at the police court that he was getting quarrelsome and can
<lb/>tankerous; that is true. He drinks a good deal and my object in going out with him is to try and prevent him getting drunk. When he gets a little quarrelsome and cantankerous I like to get away from him; but that is not why I left him on this occasion. The first game of darts was after the remark in the urinal.</p>
<p>To Mr. Purcell. I cannot say if Burke said he would play the best man in the house. He is not good at it in my opinion. I was sober. I was there when he said he would pay for drinks all round if a man could hold up two chairs in one hand. I did not see him change half</p>
<xptr type="pageFacsimile" doc="191203190055"/>
<p>a sovereign. I was not there when Stevens drew his attention to the fast that he had left his change.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-179" type="witnessName">
<interp inst="t19120319-name-179" type="gender" value="male"/>
<interp inst="t19120319-name-179" type="surname" value="PAVITT"/>
<interp inst="t19120319-name-179" type="given" value="FREDERICK WILLIAM"/>FREDERICK WILLIAM PAVITT</persName> </hi>, licensee, Berkeley Hotel, Cranford. I remember prisoners coming into my house on February 25, about 5.00 p.m.; I had never seen them before; they said they came from Hammersmith and I let them in. About 6.30 p.m. Burke came in with Sims. While he was in my house there was nothing wrong with him; he was only talking rather loudly. I cannot say whether he spoke to prisoners first, but I saw them talking and drinking together. Burke stood drinks in one or two cases and I think Stevens did afterwards. On one occasion Burke tendered half a sovereign and I placed the change on the counter. He turned away as if to leave, leaving the change, and I and Stevens called after him and he came back and took it. I also saw him produce a handful of silver; I should think about 10s. There was no quarrelling going on. They all left about 8 p.m.</p>
<p>To Mr. Purcell. On one or two occasions Burke wanted to pay and Stevens wanted to pay as well; Stevens paid on one occasion. Stevens went after him when he left the change on the counter. I remember Stevens pulling out a handful of silver and saying, "You are not the only man with money. Let me pay."</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-180" type="witnessName">
<interp inst="t19120319-name-180" type="gender" value="male"/>
<interp inst="t19120319-name-180" type="surname" value="HAYES"/>
<interp inst="t19120319-name-180" type="given" value="ANDREW"/>ANDREW HAYES</persName> </hi>, master, "Jolly Waggoners," Bath Road. The "Berkeley" is about half a mile from me. At about 9 p.m. Burke came in with the prisoners; I had seen none of them before. He called for drinks, producing, I should say, about 20s. in silver; he paid 1s. 4d. I will not say he was perfectly sober, but he was in a fit state to be served; all the lot of them were. There was no trouble of any kind and no signs of fighting between them. They all left at 9.10 p.m. They did not ask for any more drinks; I did not refuse to serve them.</p>
<p>To Mr. Curtis Bennett. I was not in the bar when they first came in. My wife was there and she whistled to me, as she thought there was going to be trouble; crossing the road they were singing and dancing, and she thought it better that I should be there. I did not think they had quite reached the limit where they ought not to be served.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-181" type="witnessName">
<interp inst="t19120319-name-181" type="gender" value="male"/>
<interp inst="t19120319-name-181" type="surname" value="HOLLAND"/>
<interp inst="t19120319-name-181" type="given" value="WILLIAM"/>WILLIAM HOLLAND</persName> </hi>, market gardener, Lavender Cottage, Bath Road. I am a sidesman at the local church. My house is about 200 yards from the "Travellers' Friend" and at about 10 p.m. on Sunday, February 25, there would be one lamppost alight between; it is about 50 yards from my house. At about 10.15 p.m. on that day I was in
<lb/>doors when I heard singing and then a man cried out, "Oh!. five or six times. I went out and saw just a little to the right of my house some five men surrounding another man on the ground, knocking him about; I found out afterwards that this was Burke. It was dark. There are two houses just near there. One of them said, "I have got it. I saw one put his hand into Burke's pocket, but I cannot say if he brought anything out. They lifted him up on his knees. I only saw one strike him. I have not been able to identify any of the persons. They tried to lift him up on the path, but they left him in the gutter. They then walked quickly away together towards Houns
<lb/>low, in the direction of the station. I then went up to Burke, who was</p>
<xptr type="pageFacsimile" doc="191203190056"/>
<p>by then standing on his feet covered with mud; he was not holding on to anything. I advised him to go to the station and told him which way to go. He went.</p>
<p>To Mr. Curtis Bennett. When I went out he was on the ground and they were striking him; I cannot say how many struck him. Then somebody put his hand in his pocket and said, "I've got it." Then I heard a jingling of money. Then one struck a blow and they walked away.</p>
<p>To Mr. Purcell. There are two lamps near my house. My house is the only one along this part of the road. The nearest lamp where I saw the men was 50 yards away. I saw some other people, passers
<lb/>by, against the lamppost. I did say before the magistrates that I heard the jingling of money; I did not notice that the clerk had left it out.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-182" type="witnessName">
<interp inst="t19120319-name-182" type="gender" value="male"/>
<interp inst="t19120319-name-182" type="surname" value="DURRANT"/>
<interp inst="t19120319-name-182" type="given" value="FREDERICK"/>FREDERICK DURRANT</persName> </hi>, market labourer, Cranford. About 10 p.m. on February 25 I was just leaving Hounslow Park Station, which is a quarter of a mile from the "Travellers' Friend," when, passing by Mr. Holland's house, I saw four or five fellows scrambling in the road. I had passed them by for about 30 yards when I heard a man cry, "Oh! Oh" four or five times. I turned back and found Burke lying in the gutter with his mouth bleeding and covered with mud; the five men were then a good way up the Bath Road, going in the direc
<lb/>tion of the station. I heard one of them say, "Come on, chum"—to Burke, I expect. I noticed nothing particular about Burke's clothes. It was very dark. I helped him up and told him to go to the nearest police station. I could not see the faces of the other men as it was dark.</p>
<p>To Mr. Hutchinson. I heard no sound of blows. I did not think it was a robbery. They walked away quietly.</p>
<p>Mr. Purcell. They were all scrambling in a heap and then one of them said, "Come on, chums." I saw two or three people coming up from the "Travellers' Friend "; it was closing time. If I had thought it was a robbery I should have gone to his assistance.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-183" type="witnessName">
<interp inst="t19120319-name-183" type="gender" value="male"/>
<interp inst="t19120319-name-183" type="surname" value="DENNIS"/>
<interp inst="t19120319-name-183" type="given" value="WILLIAM ERNEST"/>WILLIAM ERNEST DENNIS</persName> </hi>, farm labourer, Vicarage Farm Road. At 9.30 p.m. on February 25 I was in the "Travellers' Friend," when I saw the three prisoners, the two Ludkins and young Rice; I knew them before. Burke was also there. Stevens asked me if my name was not Dennis and I said "Yes "; there the conversation stopped. He and Goodman tried to pull Burke on his knees and he was trying to get away. I remained there till closing time. All the six left with Burke; I left about three or four minutes after, going in the same direction. I noticed Holland (I think it was him) pick up Burke, who was on the ground at the side of the gutter. He was plastered in mud and he had blood on his face. His pockets were turned inside out. I walked on to the Park Station, when I met Stevens, Goodman, and Ludkin walking back from the station to Burke; nothing passed be
<lb/>tween us. I got into the train and saw all the six men get in. They got out at Heston Hounslow Station. Stevens had a handful of money and he was singing" Put a bit away for a rainy day."</p>
<p>To Mr. Hutchinson. I am not sure whether all these men were</p>
<xptr type="pageFacsimile" doc="191203190057"/>
<p>singing in the public-house. They seemed all jolly together. On coming out I saw Durrant and his friends.</p>
<p>To Mr. Purcell. I am sure there was no singing. I did not say before the magistrates that I saw one of them picking him up in the road; it was Mr. Holland I saw. I have known these men all my life.</p>
<p>Re-examined. Burke seemed all right in the public-house.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-184" type="witnessName">
<interp inst="t19120319-name-184" type="gender" value="male"/>
<interp inst="t19120319-name-184" type="surname" value="ROBINSON"/>
<interp inst="t19120319-name-184" type="given" value="HUGH GEORGE"/>HUGH GEORGE ROBINSON</persName> </hi>, Assistant to the Divisional Surgeon, Hounslow. About 12.10 a.m. on February 26 I saw Burke at the station; he was bleeding from the mouth; he had a swelling at the mouth and three teeth were loosened. He complained of acbing all over, but I could not find any other injuries. The injuries were of recent origin and were compatible with his having been mauled. He was quite sober.</p>
<p>To Mr. Hutchinson. I doubt if one Wow could have caused the injury to his mouth. I could find no marks of kicks. At the time I saw him there might not have been left marks of a number of blows. To Mr. Purcell. I could smell drink.</p>
<p>Police-sergeant
<hi rend="smallCaps">WESTROP</hi>, I 46. At 10.50 p.m. on February 25 Burke came with another man to the Hounslow Police Station; he was rather excited, but quite sober. He was bleeding from the mouth and covered with mud. He made a statement and described three people to me. I went to High Street, Hounslow, about 50 yards away, and saw Police-constable Oliver. At the corner of Bell Road I saw the prisoners; this was about 300 yards from the station; it was about 11.15; they would have had time to reach there leaving the "Travellers' Friend" at 10. I told them I was making inquiries about a case of assault in the Bath Road. Goodman said, "Why, we have not been in Bath Road to-night, have we?" The others said "No." I said, "I have reason to believe you have and you must accompany me to the station." I took them to the station where Burke identified them. Wright said to him "Didn't you have a fair fight with me and I beat you? I am the man who will stand for the lot." Burke said, "It's a lie; there was no fight." The others said nothing. Burke was all right then. When charged they made no reply. Wright was bleeding from the mouth. The first two knuckles of Stevens's right hand were bleeding, and I asked him to account for this, but he only laughed. Wright told me that Burke had struck him in the mouth. Goodman had a smear of blood between his thumb and first finger on the right hand and the middle knuckle of his right hand was bruised; he said, "I did that boxing." On Wright I found 10s. in gold, 4s. silver, 3 1/2 d. bronze, and a pocket-knife; on Stevens, 12s. 6d. silver, 2 1/2 d. bronze, and a pair of scissors; and on Goodman, 3s. silver, 2 1/2 d. bronze, and a dagger. I did not know any of them before.</p>
<p>To Mr. Hutchinson. Burke complained when he came to the tation of having been robbed.</p>
<p>Police-constable
<hi rend="smallCaps">WALTER OLIVER</hi>, 276 I, corroborated. Detective
<hi rend="smallCaps">ROBERT CHARLES</hi>, I Division. At 12.30 a.m. on Febru
<lb/>ary 26 at Hounslow Police Station I saw the three prisoners de
<lb/>tained. I took a statement from Burke, which he signed. Stevens</p>
<xptr type="pageFacsimile" doc="191203190058"/>
<p>said. "That's a lie." Wright said, "Look at my mouth, Mr. Charles. He wanted to fight me in the "Waggoners," and hit me in the mouth, and when we came outside we had a fair fight and I beat him, and that's the truth." Both Wright's lips were swollen and dried blood was adhering to them.</p>
<p>To Mr. Hutchinson. No charge has ever been brought against Wright before. He is a bricklayer and has a good character (the references were put to and accepted by the witness).</p>
<p>To Mr. Purcell. Stevens is a hard working and respectable man. He lives with his mother in a caravan in an archway which she has rented for a number of years. In the winter he sells wood and coal for his mother and in the summer he travels with his mother.</p>
<p>(Defence.)</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-185" type="witnessName">
<interp inst="t19120319-name-185" type="gender" value="male"/>
<interp inst="t19120319-name-185" type="surname" value="WRIGHT"/>
<interp inst="t19120319-name-185" type="given" value="ALBERT EDWARD"/>ALBERT EDWARD WRIGHT</persName> </hi> (prisoner, on oath), bricklayer, 54, Ring
<lb/>wood Road, Hounslow. I have lived in Hounslow all my life and have never been in a police station before. I was earning at this time £2 3s. a week. At 1 p.m. on February 25 I went to the "King's Arms." I left there and went to the "Berkeley" with 17s. 6d. in my pocket. We began playing darts when Burke and another man came in. One of my friends was holding up a chair by the front leg and Burke said he would stand drinks and smokes all round if he would do it with two. My friend did, and Burke paid. He then wanted to sell half a sovereign (that was the only money I saw on him) for a penny to my friend, but we would not take any notice of him. We started playing darts for drinks and he lost every time he played. He got a little quarrelsome over some cigars; I said he ought to have had eight when he was only given seven, and he said he did not want me to shout about it and that he had got the money to pay for it. When I saw how he was I did not take any more notice of him. Sims had told me not to, and that he was one of the best; he came from Fulham. We had several drinks and then we all went on to the "Jolly Waggoners," where we had more drinks. We went on to the "Travellers' Friend," where we stayed till 10 singing. We then left; three of them went first, and Burke, the other prisoner and I followed. Burke was very drunk and I was helping him; Goodman and Stevens were just a little way in front. Then Burke got quarrelsome and hit me in the mouth. I turned round and said, "I've got it" and set about him; I think I knocked one of the others over with him. They stopped us fighting, and they picked him up and were going to help him home, but he refused, so we left him. We walked quietly to the sta
<lb/>tion. From there we went to Bell Road, where we stood talking in the light. We were arrested and I made the statements alleged. I had upon me then 14s. 3 1/2 d. part of my wages. I never took a penny from Burke.</p>
<p>Cross-examined. I had had some liquor at the finish. I never went with Goodman and Stevens to the urinal at the "Berkeley." Sims is telling an untruth when he says that I said to them, "I am with you"</p>
<xptr type="pageFacsimile" doc="191203190059"/>
<p>In telling Detective Charles that we had a fight outside the "Jolly Waggoners "I was making a mistake in the name of the public-house. In that public-house he poured a pint of beer over me. I mentioned that at the police court. Hayes, the landlord there, was sitting in the side room and he could not see everything; he is wrong in saying there was no quarrelling going on. I told him not to do it again; it may be that we made it up. In the "Travellers' Friend" there was no dis
<lb/>turbance except that he wanted to sing; I never had much to do with him there; I told him to sit down; otherwise we were perfectly friendly. When he hit me I hit him and we had a fair fight; I knocked him down and he got up again and hit me again; I knocked him down twice and he did not get up the second time. We then tried to pick him up, but he would not let us. Only the three of us were round him then. I did not see his pockets turned out. Stevens may have been singing at the station, but I never saw any money.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-186" type="witnessName">
<interp inst="t19120319-name-186" type="gender" value="male"/>
<interp inst="t19120319-name-186" type="surname" value="GOODMAN"/>
<interp inst="t19120319-name-186" type="given" value="JAMES"/>JAMES GOODMAN</persName> </hi> (prisoner, on oath), marine store and wardrobe dealer. I have never had a charge brought against me before. Wright's evidence as to what happened up to the time of leaving the "Travellers' Friend" is true. When I left, Burke followed just behind with Wright. I heard them talking and arguing; they had both had a good deal to drink. I heard a bit of a scramble and we looked round. They were struggling on the ground. Stevens and I parted them. Burke was really mad drunk and he started hollaoing. He would not get up. We left him and went on to the station. I started out with 5s. or 6s. and had then on me 3s. 2 1/2 d. Wright's evidence as to what subsequently happened is true.</p>
<p>Cross-examined. When at the "Berkeley" I never went to the lava
<lb/>tory; Sims must have invented that part of his evidence. There was no quarrelling at the "Jolly Waggoners." We had all been drinking more or less square. I should think Burke fell to the ground more than once. If there was any blood on my hand it came from Wright's mouth when I examined it. I did not see Burke's pockets turned out. I did not see Stevens flourishing money at the station, although I was with him the whole time. I do not remember telling the constables that we has not been in the Bath Road at all that night; if I did say it anybody would say the same thing so as not to be mixed up in it. The dagger found upon me was in my line of business.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-187" type="witnessName">
<interp inst="t19120319-name-187" type="gender" value="male"/>
<interp inst="t19120319-name-187" type="surname" value="STEVENS"/>
<interp inst="t19120319-name-187" type="given" value="JOSEPH"/>JOSEPH STEVENS</persName> </hi>. I have lived with my mother at the Arches, Kingsley Road, Hounslow, for eight years. I have lived in Hounslow all my life. In the winter I sell potatoes for my brother and in the summer go about with my mother with the roundabouts and swings. Upon this Sunday I had upon me 17s. 6d. In the course of the mor
<lb/>ning I met Wright and Goodman, whom I have known for years. About 5.30. p.m. we went into the "Berkeley Arms." (Witness here corrobo
<lb/>rated the previous evidence of Wright and Goodman as to the incidents of the chairs and darts.) Burke paid for drinks with half a sovereign. He went out and left his change on the counter. I ran after him and found him in the road and told him. He came back and treated me for telling him. Later he started paying for more drinks and fetching his money out. I said, "You are not the only man who has got money," and I pulled some money out and paid for six pints; that was</p>
<xptr type="pageFacsimile" doc="191203190060"/>
<p>the only drink I stood there. We then went to the "Jolly Waggoners "; all the lot of us had had a drop of drink then. From there we went to the "Travellers' Friend." There Burke wanted to sing, but Good
<lb/>man would not let him. On leaving there together we had got down the road a bit when Wright and Burke started fighting. I and Good
<lb/>man came back and stopped them. Wright knocked Burke down. We tried to pull him up, but he would not get up and we walked down me road. We went back again to see if he would come, and he started to fight with Wright again. They had a fair fight and Wright beat him. We then left him. I might have pulled my money out at the station and started singing; I had only spent 1s. 6d. from my 17s. 6d. I never attempted to rob Burke.</p>
<p>Cross-examined. I might have gone into the lavatory at the "Berke
<lb/>ley "; I did not see Sims there. I never spoke to Goodman there. The fight between Burke and Wright lasted five minutes. I account for the bruises on my fingers by the fact that when Wright hit Burke Burke fell on top of me.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-188" type="witnessName">
<interp inst="t19120319-name-188" type="gender" value="female"/>
<interp inst="t19120319-name-188" type="surname" value="STEVENS"/>
<interp inst="t19120319-name-188" type="given" value="SOPHIA"/>SOPHIA STEVENS</persName> </hi> (mother of prisoner),
<hi rend="smallCaps">MAURICE ISAACS</hi>, and
<hi rend="smallCaps">CHARLES HAYNES</hi> gave evidence as to the character of Stevens.</p>
<p>Verdict, (all),
<rs id="t19120319-32-verdict-1" type="verdictDescription">
<interp inst="t19120319-32-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19120319-32-verdict-1" type="verdictSubcategory" value=""/> Not guilty</rs>.</p>
<p>The prosecution offered no evidence on the indictment
<rs id="t19120319-32-offence-2" type="offenceDescription">
<interp inst="t19120319-32-offence-2" type="offenceCategory" value="breakingPeace"/>
<interp inst="t19120319-32-offence-2" type="offenceSubcategory" value="wounding"/>charging prisoners with unlawfully assaulting
<persName id="t19120319-name-189" type="victimName">
<interp inst="t19120319-name-189" type="gender" value="male"/>
<interp inst="t19120319-name-189" type="surname" value="BURKE"/>
<interp inst="t19120319-name-189" type="given" value="MICHAEL"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-32-offence-2 t19120319-name-189"/>Michael Burke</persName>, thereby occasion
<lb/>ing actual bodily harm,</rs> and the jury returned a verdict of
<rs id="t19120319-32-verdict-2" type="verdictDescription">
<interp inst="t19120319-32-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t19120319-32-verdict-2" type="verdictSubcategory" value="noEvidence"/>Not guilty</rs>.</p> </div1>
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<interp inst="t19120319-33" type="uri" value="sessionsPapers/19120319"/>
<interp inst="t19120319-33" type="date" value="19120319"/>
<join result="criminalCharge" id="t19120319-33-charge-1" targOrder="Y" targets="def1-33-19120319 t19120319-33-offence-1 t19120319-33-verdict-1"/>
<p>
<persName id="def1-33-19120319" type="defendantName">
<interp inst="def1-33-19120319" type="gender" value="female"/>
<interp inst="def1-33-19120319" type="age" value="40"/>
<interp inst="def1-33-19120319" type="surname" value="HALL"/>
<interp inst="def1-33-19120319" type="given" value="EMMA FLORENCE"/>
<interp inst="def1-33-19120319" type="occupation" value="cook"/>
<hi rend="largeCaps">HALL</hi>, Emma Florence (40, cook)</persName>
<rs id="t19120319-33-offence-1" type="offenceDescription">
<interp inst="t19120319-33-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t19120319-33-offence-1" type="offenceSubcategory" value="bigamy"/>, feloniously marrying
<persName id="t19120319-name-191" type="victimName">
<interp inst="t19120319-name-191" type="gender" value="male"/>
<interp inst="t19120319-name-191" type="surname" value="BURCH"/>
<interp inst="t19120319-name-191" type="given" value="PRESTON"/>
<interp inst="t19120319-name-191" type="occupation" value="fishmonger"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-33-offence-1 t19120319-name-191"/>Preston Burch</persName>, her former husband being then alive.</rs> </p>
<p>Mr. MacMahon prosecuted; Mr. Stony Deans defended.</p>
<p>Detective-sergeant
<hi rend="smallCaps">FREDERICK STEPHENS</hi>, W division. At 9 p.m. on March 2 I went to 14, Portland Place, N., where I saw prisoner and told her she would be charged with bigamy. She said, "Oh dear, has Burch told you this. He knew it a long time ago. I thought he was not going to say anything about it. What was I to do. When he courted me my husband was a long way away. I had little children to support and I thought, 'it would be a home for them.' "On the way to the station she said, "When I was walking out with Burch I told him I had a secret and could not get married, but afterwards I did it. Then some kind friend told him I was married and he turned me out. I went to service, but he came there and I went back with him again. I knew my proper husband was alive but I had not seen him for several years. "When charged she made no reply. I produce certificates of marriage between John Joseph Hall and prisoner, who was then named Emma Florence Bunker, and Preston Burch and prisoner as Emma Florence Hall.</p>
<p>Cross-examined. A desertion order was made, dated August 5, 1899, which relates to the first husband. I cannot say if he ever returned to her after that. Prisoner is a thoroughly respectable woman as far as I know and has always earned her own living.</p>
<p>
<hi rend="smallCaps">
<persName id="t19120319-name-192" type="witnessName">
<interp inst="t19120319-name-192" type="gender" value="female"/>
<interp inst="t19120319-name-192" type="surname" value="HALL"/>
<interp inst="t19120319-name-192" type="given" value="ELLEN"/>ELLEN HALL</persName> </hi>, widow, 228, Essex Road, Islington. On September 17, 1888, 1 was present at a marriage between John Joseph Hall and prisoner. Hall is still alive. About 13 or 14 years ago he left her.</p>
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<p>
<hi rend="smallCaps">
<persName id="t19120319-name-193" type="witnessName">
<interp inst="t19120319-name-193" type="gender" value="male"/>
<interp inst="t19120319-name-193" type="surname" value="BURCH"/>
<interp inst="t19120319-name-193" type="given" value="PRESTON"/>PRESTON BURCH</persName> </hi>, fishmonger, 8, Trinity House, Bath Terrace. On August 11, 1906, I went through the form of marriage with prisoner; I was under the impression that she was a widow.</p>
<p>Cross-examined. I cannot remember exactly when it was I dis
<lb/>covered her husband was alive. Two years ago my son turned her out on account of her bad treatment of my daughter; I had discovered it just previous to that. I believe she went into service. She wrote to me. It was not until some time afterwards that I asked her to come back and to manage my house. She left me a second time, taking a lot of my property with her; I do not know why she left me. I consider myself a very much injured man.</p>
<p>This closing the case for the prosecution, Mr. Storry Deans sub
<lb/>mitted that there was no case to go to the jury, on the ground that it was not proved that prisoner had knowledge of her first husband being alive at the time of her second marriage, since she had not seen him for a period of seven years, and that her statement to the police was capable of the construction that she knew he was alive only on the occa
<lb/>sion when she returned to Burch.</p>
<p>
<rs id="t19120319-33-verdict-1" type="verdictDescription">
<interp inst="t19120319-33-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t19120319-33-verdict-1" type="verdictSubcategory" value="directed"/>Judge Rentoul, agreeing with this contention, directed the jury to return a verdict of Not guilty, which they accordingly did.</rs> </p> </div1>
<p>
<persName id="t19120319-name-194">
<interp inst="t19120319-name-194" type="gender" value="male"/>
<interp inst="t19120319-name-194" type="age" value="17"/>
<interp inst="t19120319-name-194" type="surname" value="MOORE"/>
<interp inst="t19120319-name-194" type="given" value="BENJAMIN"/>
<interp inst="t19120319-name-194" type="occupation" value="porter"/>
<hi rend="largeCaps">MOORE</hi>, Benjamin (17, porter)</persName>, who was convicted last Session (see page 617)of carnally knowing
<persName id="t19120319-name-195" type="victimName">
<interp inst="t19120319-name-195" type="gender" value="female"/>
<interp inst="t19120319-name-195" type="age" value="over 13 and under 16"/>
<interp inst="t19120319-name-195" type="surname" value="HERBERT"/>
<interp inst="t19120319-name-195" type="given" value="GLADYS"/>Gladys Herbert</persName>, a girl over the age of 13 and under the age of 16 years, was brought up for judgment.</p>
<p>It being stated that prisoner's employer declined to take him back into his employment, prisoner was sentenced to Four months' hard labour.</p>
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<p>
<persName id="def1-35-19120319" type="defendantName">
<interp inst="def1-35-19120319" type="gender" value="male"/>
<interp inst="def1-35-19120319" type="age" value="39"/>
<interp inst="def1-35-19120319" type="surname" value="APPEL"/>
<interp inst="def1-35-19120319" type="given" value="HEINRICH"/>
<interp inst="def1-35-19120319" type="occupation" value="none"/>
<hi rend="largeCaps">APPEL</hi>, Heinrich (39, none)</persName>
<rs id="t19120319-35-verdict-1" type="verdictDescription">
<interp inst="t19120319-35-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-35-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-35-offence-1" type="offenceDescription">
<interp inst="t19120319-35-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19120319-35-offence-1" type="offenceSubcategory" value="other"/>, of unlawfully pro
<lb/>curing
<persName id="t19120319-name-197">
<interp inst="t19120319-name-197" type="gender" value="male"/>
<interp inst="t19120319-name-197" type="surname" value="OELGARTNER"/>
<interp inst="t19120319-name-197" type="given" value="FERDINAND"/>Ferdinand Oelgartner</persName> to make a false declaration for the pur
<lb/>pose of procuring a license for a marriage.</rs> </p>
<p>Mr. Graham-Campbell, prosecuting, said that the authorities took a serious view of this offence. Prisoner had acted as interpreter to couples coming over to this country from Germany to get married owing to reasons which prevented their being married in their own country. In this case prisoner, as interpreter for Oelgartner, told the St. Pancras registrar that he and the woman had been in England 16 days, whereas they had arrived only the night before. In Germany there existed firms which arranged these quick marriages in England. Having read from a letter of one of the firms, in which it was stated that the female was only 16 1/4 years old, but that the registrar must be told that she was 20, and that the girl would wear a veil so that her youth should not be noticed, counsel said there was evidently a deliberate intention to deceive in these cases. In a comparatively short period prisoner had been concerned in 16 of these marriages.</p>
<p>Sentence:
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<interp inst="t19120319-35-punishment-34" type="punishmentCategory" value="imprison"/>
<interp inst="t19120319-35-punishment-34" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-35-19120319 t19120319-35-punishment-34"/>One month's imprisonment</rs>;
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<interp inst="t19120319-35-punishment-35" type="punishmentCategory" value="miscPunish"/>
<interp inst="t19120319-35-punishment-35" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-35-19120319 t19120319-35-punishment-35"/>recommended for expulsion under the Aliens Act.</rs> </p> </div1>
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<p>
<persName id="def1-36-19120319" type="defendantName">
<interp inst="def1-36-19120319" type="gender" value="male"/>
<interp inst="def1-36-19120319" type="age" value="93"/>
<interp inst="def1-36-19120319" type="surname" value="JAMES"/>
<interp inst="def1-36-19120319" type="given" value="WILLIAM HENRY"/>
<interp inst="def1-36-19120319" type="occupation" value="none"/>
<hi rend="largeCaps">JAMES</hi>, William Henry (93, none)</persName>
<rs id="t19120319-36-verdict-1" type="verdictDescription">
<interp inst="t19120319-36-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t19120319-36-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>pleaded guilty</rs>
<rs id="t19120319-36-offence-1" type="offenceDescription">
<interp inst="t19120319-36-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t19120319-36-offence-1" type="offenceSubcategory" value="fraud"/>, of obtaining by false pretences from
<persName id="t19120319-name-199" type="victimName">
<interp inst="t19120319-name-199" type="gender" value="female"/>
<interp inst="t19120319-name-199" type="surname" value="CRAWFORD"/>
<interp inst="t19120319-name-199" type="given" value="ISABELLA"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-36-offence-1 t19120319-name-199"/>Isabella Crawford</persName> certain title deeds and a fire policy relating to certain land and premises, with intent to de-fraud; forging and uttering, knowing the same to be forged, a certain deed purporting to be a mortgage between
<persName id="t19120319-name-200" type="victimName">
<interp inst="t19120319-name-200" type="gender" value="male"/>
<interp inst="t19120319-name-200" type="surname" value="CRAWFORD"/>
<interp inst="t19120319-name-200" type="given" value="ARCHIBALD"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-36-offence-1 t19120319-name-200"/>Archibald Crawford</persName>,
<persName id="t19120319-name-201" type="victimName">
<interp inst="t19120319-name-201" type="gender" value="male"/>
<interp inst="t19120319-name-201" type="surname" value="LODGE"/>
<interp inst="t19120319-name-201" type="given" value="CHARLES GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-36-offence-1 t19120319-name-201"/>Charles George Lodge</persName>, and
<persName id="t19120319-name-202" type="victimName">
<interp inst="t19120319-name-202" type="gender" value="male"/>
<interp inst="t19120319-name-202" type="surname" value="HARPER"/>
<interp inst="t19120319-name-202" type="given" value="WALTER"/>
<join result="offenceVictim" targOrder="Y" targets="t19120319-36-offence-1 t19120319-name-202"/>Walter Harper</persName> of certain freehold here
<lb/>ditaments an