The Proceedings of the Old Bailey

 

   PRINCE, John (20, a native of West Africa), who last Sessions (see page 183) was found guilty of larceny (servant) and receiving, was sentenced to one day's imprisonment, the Court missionary (Mr. Scott France) undertaking to see him off to Liverpool, where prisoner has friends.

 

  WILSON, John (21, warehouseman) pleaded guilty , of maliciously, damaging by night two plate glass windows and other articles, the goods of   Benetfink and Co., Limited, to the amount to £45.

Prisoner broke the windows in order that he might get a term of imprisonment. He told the officer he had been walking about for seven days without much food and asked him what he would do in such a case. He has no fixed abode. There is no conviction against him.

Sentence, Six month's hard labour.

 

  BODELL, George (27, labourer), and   VICKARY, Richard (36, hat maker) both pleaded guilty , of breaking and entering the ware-house of   Michael Levy, with intent to steal therein; both breaking and entering the warehouse of   Rowland Tarbuck and stealing therein 15 rolls of silk and other articles, his goods.

Sentences: Bodell (who has been continuously in prison for the last 12 years), Six years' penal servitude; Vickary, six months' hard labour.

 

  DICKER, David Frederick (24, postman) pleaded guilty , of stealing one post letter, containing one silver match box and other articles, the property of His Majesty's   Postmaster-General, he being employed under the Post Office.

Sentence, Nine months' hard labour.

 

  CONNELLY, William (33, labourer) ; maliciously inflicting grievous bodily harm upon   Thomas Russell: maliciously inflicting grievous bodily harm upon   Cornelius Dennehy; assaulting   Thomas Russell, a peace officer in the execution of his duty; assaulting   Cornelius Dennehy, a peace officer, in the execution of his duty.

Mr. Boyd prosecuted.

Police-constable THOMAS RUSSELL, 491 V. On the night of October 24, about 11.45, I was on duty in Battersea Park Road. I there saw prisoner, who was drunk and quarrelling with a woman, with a crowd of people round him. He had his coat and hat off and was using very obscene language. I requested him to go away. After some demur he went a short distance. Then he stopped and recommenced his abuse of the woman, calling her a "by old cow." I went to him again and said, "Will you go?" He said, "No, you fog old bitch," at the same time striking me violently on the forehead with his fist. Before I could recover from that he struck me several other blows in the face. I placed my whistle is my mouth and blew it. He snatched that out of my mouth, loosening my front teeth, breaking my chain, and throwing the whistle away. He bit my left thumb. Police-constable Dennehy came to my assistance. Prisoner then threw himself on his back and deliberately kicked me in the bowels, also on the side of the jaw and the back of the head, owing to which I have been deaf since. He also kicked the constable who came to my assistance in the face. After a good deal of trouble we got him to the station, where I was examined by Dr. Kempster. Since that time I have been on the sick list and have suffered a good deal from giddiness and pains at the back of the head. Sometimes when I stoop I feel like pitching forward on to the ground. (Before this assault I had suffered from none of those things. Part of my sight is also gone, and I can hardly see to read the paper. I seem to have an abscess in my head and there is a discharge from my ears.

Police-constable CORNELIUS DENNEHY, 401 V. I saw last witness struggling with prisoner on the night in question and went to his assistance. I took hold of prisoner's arm and he struck me two or three times in the face with his fist. I saw him strike Policeconstable Russell several times in the face. Prisoner was drunk. He threw himself to the ground and kicked me several times in the testicles and abdomen. A crowd collected, numbering 50 or 100

No one in the crowd came to our assistance, and the crowd was rather hostile. I have been on the sick list ever since and have had several epileptic fits. Previously I had never had a fit. My age is 26, and I have been in the force three years.

  GEORGE HENRY HARPER , 35, Leitrim Street, and FREDERICK JOCELYN, 9, Leitrim Street, both Post Office employees, gave evidence as to assisting the police.

  FELIX CHARLES KEMPSTER , divisional surgeon. On the morning of October 25, about half-past 12, I was called to the Battersea Police Station. I there saw Police-constable Russell, who was in a very faint and weak condition, suffering from severe bruising of the head and body. He had severe bruises on the forehead (at the back of the head, and bridge of the nose; his lip was cut, his teeth were loose, his lower jaw was wounded, his left thumb was bitten through, and he had severe bruises on the left side of the stomach, on his left thigh, and private parts. He was very seriously ill. I sent him home at once, and he remained in bed a week or more. There was bleeding from his bowel, and he eventually developed a bleeding from the left ear, deafness, giddiness, headache, and dimness of vision, showing that he had sustained some serious injury to the bone of the skull and the internal ear. The rim of one ear had been torn away, and there will be permanent deafness of the left ear. I do not think he will be able to return to duty, but it has been arranged that he shall return to Brighton after this case is over. X examined Constable Dennehy at the same time. He had bruising on the left temple, on the stomach, and lower part of the body, and he as well as Russell had bleeding from the bowel for several days in consequence of the kicks, showing that the bowel had been torn to some extent. Eventually he developed epilepsy and has had 14 or 15 epileptic fits, in which he bites his tongue. I am afraid he will never be fit for service again. He has been to the Convalescent Home and is to go back again after the trial is over. I also examined prisoner, who said he had been injured, and found a slight abrasion on the left forearm. I found no serious injury about him. He was drunk.

Verdict, Guilty. Some previous convictions for minor offences were proved.

Sentence. Two years' hard labour.

 

  VERYAN, Richard John (26, dealer) ; stealing two bundles of papers called "The Shipping Gazette," the goods of   Arthur Serena and others.

Mr. Wimpfheimer prosecuted.

  MARTHA PENDRY , housekeeper to Messrs. Galbraith, Pembroke, and Co., 8, Austin Friars. On December 8, at about 7.30, I heard the basement door shut and went to see the reason. I saw a barrow outside with two bundles of" Shipping Gazettes" on it. I immediately went down to the basement and saw two bundles more. When I came up the barrow was gone. I hastened round to Austin Friars Square, where I saw prisoner with the papers in a sack on the barrow. I had not previously known him. I asked

him where he had obtained the papers, and he hesitated. I asked him to go back with me and tell me where he took them from, and he said he would do so. On the way back I saw a policeman on duty and asked him to go back with us. The constable took prisoner down into the basement and asked him to show him where he took them from, which he did. He said he had asked a clerk, "Is there any waste paper I" and the clerk had told him to go down there and help himself. There was no clerk on the premises at the time I was in charge. As to the value of the papers, Mr. Serena, the chief partner of the firm, told me they were worth £5 for references.

Police-constable FREDERICK CLIFFORD, 448 City. On December 8 I was on duty in Austin Friars and saw last witness speaking to prisoner. She informed me he had taken two bundles of papers from the basement of No. 8. Prisoner was present when she made the statement. I asked him where he had got the papers from, and he said he had taken them from the basement of No. 8. "A clerk." he said, "told me to go down and help myself." I took him back to the premises, and he showed me where he had taken the papers from.

  MARTHA PENDRY , recalled. I do not live on the premises, but I have the keys of the place; I shut it up at night and open it in the morning. The last clerk would leave about seven o'clock.

Verdict, Guilty. A previous conviction was proved against prisoner as a rogue and vagabond.

Sentence, Six months hard labour.

 

  COLLINS, Joseph (28. fitter) ; stealing one horse and harness, the goods of   Thomas Herbert Whiteheart.

Mr. Holford Knight prosecuted.

  THOMAS HERBERT WHITEHEART , furniture remover, 53, Aylesbury Street, Walworth. On December 4 I saw prisoner, who asked me to let him have a pony and harness. I had one of the value of about £7 or £8. I arranged with him that he should pay 5s. a week until such time as £5 should be paid, and then if he acted honourably I would sell him the pony and harness for £2. He agreed to those terms, paid the first instalment, and took the pony and harness away with him. The trap he was to hire of another gentleman. He asked me whether I would lend him some money, and I agreed to lend him 10s., for which he was to return me 12s. When the week had expired, as he did not pay a second instalment, I went to the address he had given me—25, Pollock Road, Deacon Street, Walworth—which I found was a false address. I next saw the pony at Whetstone a week or so afterwards in the possession of a Mr. Cooper. I met prisoner subsequently in Percy Street, Tottenham Court Road. He was recommended to me by a man named Mills. I am sure prisoner is the same man. I asked him if he knew where my pony and harness was. He said, "Have not you got it!" I said. "You know I have not got it." He said, "I win come and show you where it is." He came across the road to where my van was. Of course, the detective was there and took him into custody.

To Prisoner. You were not a perfect stranger to me; I had seen you before. You did not pay me a deposit of £1. I lent you 10s., and YOU gave me the acknowledgment produced. I did not ask you whether you were a married man and tell you I did so because I should like to have the security of your furniture. You gave me your Army paper (discharge) as security. I said I did not want that, but you said I had better take it, and so I put it in my pocket. It is false that there was a written agreement for the purchase of the pony. The agreement was by word of mouth.

  ARTHUR COOPER , dealer, 5. Whetstone Place. Prisoner came to see me on the morning of December 7. He said trade was very bad and he wanted to sell his pony and harness, and I bought them on the evening of the same day for £2 12s. 6d. He gave me the receipt produced. I had the pony in the stable until the Thursday morning following (December 10), when I returned it to prosecutor with the harness.

To Prisoner. The pony was very lame and paralysed. I think I gave for it what it was worth. I do not think it could lie down.

Detective FRANK HAWKES, L Division. On December 16, about four o'clock, accompanied by the prosecutor, I arrested prisoner in Percy Street, Tottenham Court Road. I told him I was a police officer, and also the charge. In reply he said, "I can fog well see who you are. I had a pony and harness and I sold it to a Mr. Cooper. I did it on him because he would not lend me a shilling when I was out of work. He gave me £2 12s. 6d. for it, and I meant to pinch it from him the same evening as I sold it to him." On the way to the station he gave me this key (produced) and said, "This is Whiteheart's He ought to think himself lucky I did not knock all the other lots off." By that he meant that he had not taken all the other horses out of the stable. He also said, "This is the key of Whitehead's stable." When charged at the station he said to prosecutor, "You say this is not my lot?" He afterwards said, "Jack Gardiner ought to think himself lucky I threw that knife away" (meaning this knife produced), "on the way to the station. I had a great mind to put it through him. I expect this means a lagging' for me this time." To Prisoner. Prosecutor was present when you said this. When you gave me the key you did not say, "If I am charged with stealing a pony and harness, it is very extraordinary that I should have the key of prosecutor's stable, and if I had wished I could have had several good ponies, besides tradesmen's vans." Prosecutor, recalled, confirmed Detective Hawkes's evidence as to the statements made by prisoner.

(Defence.)

  JOSEPH COLLINS (prisoner, not on oath) contended that this was a matter of debt. He bought the pony and harness outright on the terms of paying a deposit of £1, which he paid, and the balance of £5 at the rate of 5s. a week. An agreement to this effect was drawn up by prosecutor and signed by himself (prisoner). He denied that

there was any hire-purchase agreement at all. He borrowed the 10s. in order to have a start. Prosecutor asked him if he was a married man with a view to having the security of his furniture, and by way of security he gave him his Army discharge. As to the address in Pollock Road, that was the address of his brother-in-law, where he often had letters addressed. (Prisoner produced a number of letters from his pocket by way of proof.) Besides the £1 down, he had paid one instalment of 5s.

Prosecutor, recalled, as to how it came about that the key of his stable was in prisoner's possession, explained that prisoner stabled the pony there for a week. There was no truth in the statement that an agreement was drawn up which he (prosecutor) had destroyed.

Verdict. Not guilty, the Jury not being satisfied that there was a hire-purchase agreement.

 

  SHADBOLT, William (51, night watchman) pleaded guilty , of feloniously throwing diluted sulphuric acid at   George Stanley Harris with intent to do him grievous bodily harm.

Prisoner was employed on the Waterloo and City Railway; prosecutor is a clerk in the engineers' department On December 22, complaints having been made about the conduct of the prisoner by Harris, prisoner was sent for by the Chief Electrical Engineer and dismissed. On coming from the Chief Engineer's room prosecutor found prisoner waiting for him with a can in his hand. As prisoner made to throw something at him, Harris knocked his hand up and the diluted sulphuric acid went on to the door, whence it splashed on to prisoner's face and hands, Mr. Harris being only slightly injured. Prisoner, when charged, admitted taking the acid from a carboy.

Sentence, Six months' hard labour.

 

  CLARKE, Albert (22. shoemaker) pleaded guilty that, having been entrusted with certain property—to wit, the sum of 8s. 5d. in money, in order that he might pay the same to another person, he did fraudulently convert the said moneys to his own use; and of stealing one ring, the goods of   Emily Clarke, from her person.

Sentence, Nine months' hard labour.

 

  HAMMOND, George (64, traveller) pleaded guilty , of forging and uttering, knowing the same to be forged, an order for the delivery of goods, with intent to defraud; and obtaining by false pretences from   Oliver Nunn 28 1b. in weight of cocoa, with intent to defraud. Several previous convictions were proved. Sentence, Five years' penal servitude.

BEFORE THE COMMON SERGEANT.

(Tuesday, January 12.)

 

  THORPE, Henry (28. labourer), and   WAKELING, Alice (45, ironer) pleaded guilty , of feloniously uttering counterfeit coin, knowing the same to be counterfeit, twice on the same day; feloniously having in their possession 10 pieces of counterfeit coin, with intent to utter the same.

Mr. Wilkinson prosecuted.

Thorpe confessed to having been convicted at this Court on July 24, 1899, in the name of George Morris, receiving 12 months' hard labour, for possessing counterfeit coin. Other convictions were proved. Prisoner was known as the associate and agent of an experienced expert coiner. Wakeling confessed to having been convicted at this Court on October 24, 1898, in the name of Griffiths, of possessing and uttering counterfeit coin, receiving three years' penal servitude. Other convictions were proved; prisoner was known as the associate of coiners.

Sentence: Each prisoner. Five years' penal servitude.

 

  CLARK, Thomas (26, porter), and   CLARK, Rose Flora (34, dressmaker); uttering counterfeit coin; having in their possession four other pieces of counterfeit coin; having in their possession four pieces of counterfeit coin, with intent to utter the same; feloniously having in their possession portions of a mould and other tools for the manufacture of counterfeit coin.

Mr. Sands prosecuted.

Thomas Clark pleaded guilty. Rose Flora Clark pleaded not guilty. It having been ascertained that she was the wife of the male prisoner, no evidence was offered against her and the Jury returned a verdict of Not guilty. Thomas Clark was sentenced to 12 months' hard labour.

 

  BROAD, William John (28, stoker) ; feloniously wounding   Charles Kavanagh with intent to do him grievous bodily harm.

Mr. W. Fletcher prosecuted.

  CHARLES KAVANAGH , 22, East Surrey Road, Peckham. On December 24, at 11.10 p.m., I was in Waterloo Street, Peckham, when I saw prisoner, who is a stranger to me, pushing his wife about and using very foul language. I remonstrated with him, when he struck at me with his fist. I avoided the blow and left him. I had got about 100 yards off, to the corner of Cork Street, when prisoner ran after me. Someone called out, "Look out!" and as I turned prisoner stabbed me in the face, throat, and shoulder with a knife. Miss came to my assistance and helped me to my feet. Prisoner said nothing when he attacked me that I recollect. He did not appear to be drunk.

Cross-examined. Prisoner did not appear to be in drink at all. It was his violent language to his wife rather than his violence that made me interfere.

  HUGH GORDON COWIE , M. D., 30, Camberwell Green. On December 24, at about 11.40 p.m., I was called to 24, Waterloo Street, when I saw prosecutor lying on a couch, his face and clothes smeared with blood, partly undressed. He had a wound in the right shoulder, 1 1/2 in. long, touching the large bronchial artery, but not severing it; it was a dangerous wound from its position, and it severed the biceps muscle. He had another wound from the right side of the

nose, extending across to the right eyebrow; the brow was severed, so that it flapped over practically on to the cheek, the wound cutting to the bone; there was no vital structure involved. There was a small wound above the left eyebrow, about half an inch long, extending to the bone. On the right side of the throat there was another wound, about 3 in. long, through the true skin and close to the large bloodvessel. Had it gone one-eighth of an inch deeper it would have been very dangerous; it was in an exceedingly dangerous place. The injuries could have been done with the pocket-knife produced. The wounds have all healed up by first intention and remarkably well. There is a stiffness of the muscle of the right shoulder, so that the smallest wound has left the most serious trouble. The wound over the left eye is a perpendicular one, as though the knife had been dug in—a stab—and a blood clot has formed in the tissues of the eyeball, disturbing the vision considerably; the injury to the sight of the left eye may be permanent; it may get clearer, but there is certainly some risk of permanent variation in the sight of that eye. I think prosecutor will recover from the other injuries. He cannot use his right arm, and is not yet fit for work.

  HENRY FRANK BISS , 25, St. Georges Street, Peckham, printer's assistant. I am a friend of the prosecutor and an entire stranger to the prisoner. On December 24, at 11.20 p.m., I was walking home with my young lady down Waterloo Street when we saw a scuffle between prosecutor and prisoner. I went over to separate them. Prisoners wife was there, and she attempted to scratch our faces. I got prosecutor away and we went round the corner into Cork Street, when prisoner rushed round, seized prosecutor, and struck him several times—so far as I saw, with his fist. They closed, and after struggling together for a minute, prosecutor said. "I have been stabbed; I am done," and stumbled and fell. I caught hold of him and helped him up, when prisoner made for my face and said, "You are the other b——." He flourished his right arm, struck me, and cut me at the back of the ear. I put my hand up and found I was bleeding. I then assisted prosecutor to his father-in-law's house.

  GEORGE LAING . 46, Court Street, Camberwell, carman. Prisoner lodges with me. On December 24, at between 11 and 11.30 p.m., I saw prosecutor and prisoner quarrelling in Waterloo Street, nearly opposite the "Brunswick" beer shop. I walked away down Cork Street towards home to look after my girl. As I came round the corner into Cork Street prosecutor and Biss came round the corner, followed by the prisoner, who struck one and then the other. I persuaded prisoner to come indoors. When we got into the passage prisoner said, "I have done one in and very near done the other one in, and this is what I done it with." sticking the knife at the same time into the brick wall. He had an open knife in his hand and he stuck it into my passage wall. Prisoner was not actually drunk, but he appeared to have been drinking heavily.

Police-constable GEORGE HODGE s, 672 P, stationed at Camberwell. On December 24, at 11.45 p.m., I was informed that two men had

been wounded by a man stabbing them. I went to 26, Cork Street, saw the prisoner, told him he would be charged with the stabbing, and took him to Camberwell Police Station. When charged he replied, "Well, if I am charged with that, I cannot get away from it" He was charged with wounding Biss. I saw Kavanagh that night. He was bleeding very much from the head, left arm, and throat Prisoner was sober.

  ALFRED WILLIAM HUTT , barman, "Brunswick Arms," Waterloo Street. On December 24, at about 11.20 or 11.30 p.m., I was standing outside the" Brunswick Arms," when I saw prisoner and prosecutor having a few words at the corner of Samson Street; that street is opposite to Cork Street, running out of Waterloo Street. I heard prosecutor say to prisoner," Well, if you are done with it, so am I." Prosecutor then walked away round the corner of Cork Street. Prisoner rushed round after him. I shouted," Look out!" Prisoner then struck him about the face. I did not see anything in his hand. Prosecutor said, "I am done." and staggered against the wall. I rushed to his assistance and supported him. He was bleeding all over the eyes, and blood was pouring down his face. Biss took him away.

Sergeant FREDERICK HEDGES, P Division. On December 27 I went to 46, Cork Street and received knife produced from the prisoner's wife. I then went into the passage and fitted the blade into a hole in the wall. I showed the knife to the witness Laing, who identified it as being the knife he saw in the prisoner's hand on the night this offence was committed. When charged prisoner made no reply.

PRISONER (not on oath). I was not in a state to give evidence. All I can say is I had had too much to drink. I left off work at six o'clock; I had too much to drink. I must have got excited and lost my senses. As regards the stabbing and that, I cannot remember anything about it.

Verdict, Guilty. Sentence, 18 months' hard labour.

BEFORE MR. JUSTICE GRANTHAM.

(Wednesday, January 13.)

 

  WHITE, William (26, labourer) pleaded guilty , of feloniously wounding   Mary White (his mother), with intent to do her grievous bodily harm. He confessed to having been convicted of felony at the Newington Sessions on February 15, 1905.

Sentence, Three years' penal servitude.

 

  DYE, William Charles (35, bricklayer) ; feloniously wounding   Lizzie Dye, with intent to kill and murder her, or with intent to do her grievous bodily harm.

Mr. Thin prosecuted; Mr. Cotes-Preedy defended.

  LIZZIE DYE . I was married to prisoner nine years ago; we have not lived happily together; he has ill-treated me, punching and kicking

me. In June, 1907, I left him because I was in fear of my life. In August I lived with him again, until May last, when on account of his ill-treatment I left him again, taking a situation at Charlton. On December 10 he came to the house at Charlton where I was, at the back door, at eight in the morning. I told him that I wished to have nothing more to do with him, that the people were in the house then, and that if he must come he had better call later when they were out. He called again at four o'clock and I let him into the kitchen; Mrs. Chilcott was in the scullery working; I had told her that I was afraid of prisoner and asked her to stay. (Prisoner began swearing and accused me of immorality. Mrs. Chilcott said, "Don't come here worrying her; she is working here, and you ought not to say such things." I made him some tea and gave him the dinner that had been left for me. He kept asking me if I would go outside: I felt so nervous that I would not go. He asked me for money; I said, "I have only a few coppers, will you go away quietly if I give them to you?" He said, "Yes"; I went upstairs and brought down 4d. and gave it to him. Then he said, "Come outside; I want to say something to you and I have got something for you. "I said, "What you want to say, say here; my people will soon be home, "He said, "I don't care if they do come home; you had no character before you came here, and they shall know what you are. "Finally he said, "Kiss me goodbye before I go "; I would not go near him to kiss him at first, but Mrs. Chilcott said, "Oh, kiss him, and maybe he will go." I got up to kiss him; he put his right arm round my neck; he put his left hand in his pocket and took out a razor and said, "This is what I have got for you. "I broke away and got to the other tide of the room; Chilcott shouted," Oh, don't. Police! murder!" and I started screaming. He opened the razor and came over to me. I held his wrists with both hands and tried to bite his wrists; he punched me in the face; I think we both fell; in the scuffle the razor dropped; 'he picked' it up and put it towards my face; I snatched at the razor and it dropped again and I heard it snap. Getting free for a moment, I flew out of the room and into the next house; there I fainted and the police were sent for. My fingers were cut in snatching at the razor; I was attended by the divisional surgeon.

Cross-examined. I twice charged prisoner with assaulting me; first in November, 1904; I withdrew the summons and a deed of separation was entered into. The same thing happened in 1907. I was in fear of my life, but I went to live with prisoner again for the sake of my little children. After I finally left him and went to Charlton I continued corresponding with him; that was in order that I might hear of my children. I have no affection for him, only he is the father of my children. The reason I saw him when he called at Charlton was that the people I was with thought I was a single woman, and I was afraid if he made a bother I should lose my situation. I am certain that prisoner took the razor out of his jacket pocket; I am sure it did not fall out as he was doing up his boots. I deny that it was a pure accident arising from the struggle between prisoner and me for the possession of the razor.

  ANNIE CHILCOTT , charwoman, 131, Victoria Road, Charlton. I remember prisoner coming to the house on December 10. Coming from the scullery into the kitchen I saw him sitting there with his wife. She asked him to go, as the was afraid of getting into trouble with the people coming in. He said, "All right," but the did not go I said, "Why don't you go and not come here worrying your wife? she has to work hard here." He asked her for money; she gave him 4d.; he still would not go. He asked her to go with him to the back door as he wanted to speak to her alone; she said, "No; what you have got to say, say here." He said, "I am going away to-morrow morning, kiss me goodbye before I go "; she would not go at first, but eventually she went to kiss him. He put his right arm round her neck, and with the other he drew a razor from his pocket; she screamed and commenced struggling; I ran into the street calling for the police. On returning after five minutes I saw prisoner letting himself out of the back door; the kitchen was in great disorder.

Cross-examined. Prosecutrix appeared to "be frightened of prisoner and very nervous of him; they were rowing together. I did not think he came there to murder her. I am certain I saw him take the razor out of his pocket. It was not an accident.

  PETER COOPER , divisional surgeon, Blackheath, said that on December 10 he saw Mrs. Dye; she was suffering from an incised wound on the little finger of her left hand, and some superficial scratches on the other fingers; the wounds were consistent with cuts by the razor produced. Prisoner also had cuts on his left hand.

Police-constable JOSEPH HAINES, 64 R, spoke to finding the razor produced in the kitchen; the blade was under the table and the handle some distance away.

Sergeant JAMES WILSON, R Division. On the night of December 10 I arrested prisoner for (as I told him) the attempted murder of his wife. He said, "My wife—where is she? Ah, she has ruined me; she gave me the bad disorder some time ago." On being searched I found on prisoner 2d.; he said, "That is 2d. I have got left out of the 4d. my wife gave me." In reply to the formal charge prisoner said, "You ought to have the men who has caused the trouble, her uncle; he knows as much about it as I do. "

(Defence.)

  WILLIAM CHARLES DYE (prisoner, on oath). I am a bricklayer; I have three children; they are with my mother at Portsmouth. On December 10 I went to see my wife at 131, Victoria Road, Charlton. I had been there every day for a week before that. I rang the bell at the back door as I had done before. She opened the door and said, "All right, come inside"; I went in and she locked the door inside in case her mistress should come home. Mrs. Chilcott came in from he scullery, and the three of us sat down in the kitchen and had tea. My wife was nagging me the whole time. I got up to go, and asked her to unlock the door to let me out; my bootlace came undone, and in stooping down to do it up the razor fell out of my jacket pocket;

I went to pick it up; as we had been nagging all the time I suppose she thought I meant to do her some harm; the pulled the razor from me and the handle broke off; I cut my hand and she cut hers. I am fond of my wife and had no intention of injuring her at all.

Cross-examined. Chilcott had gone into the scullery at the time the razor dropped; when the came back my wife and I were struggling together on the floor. Chilcott's story that the saw me take the razor from my pocket is untrue; this it all made up for me. We had been nagging about the children; I told my wife the could not be much of a mother to go away and leave the children. Two of the children are with my mother, but I keep them; a third child it kept, not by my wife, but by her supposed uncle; it it true that yesterday my mother sent back the other two children to my wife.

Verdict, Guilty of wounding with intent to murder.

Inspector BAXTER, R Division, gave a very bad account of prisoner; he had induced his wife to go upon the streets at Portsmouth, and had lived on the proceeds of her prostitution.

Sentence, Five years' penal servitude.

At prisoner was taken from the dock be shouted to his wife, "I will do fifteen for you when I comes out."

 

  SMILES, Henry Locke (43, solicitor) pleaded guilty , of having been entrusted with the turn of £75 in money in order that he might pay the said sum to   Walter Naman, fraudulently did convert £60, part of the said turn of £75, to hit own use and benefit; a number of counts in respect of other sums.

Mr. Muir and Mr. Graham-Campbell prosecuted; Mr. George Elliott and Mr. Fitch defended; Mr. John O'Connor held a watching brief.

Mr. Muir said that prisoner had acted as solicitor to a society called the United Workmen's Legal Aid Society; any workmen on payment of 6d. could become a member, end the society thereupon undertook the prosecution of any claim for compensation for injuries, etc. Such proceedings almost invariably led to the benefit less of the workmen than of the prisoner and those with whom be may have shared the recovered damages and costs.

Mr. John O'Connor said that he hold a watching brief for another Legal Aid Society, and was anxious that no general attack should be made against such bodies, which might seriously prejudice persons who were unable to defend themselves.

Mr. Justice Grantham held that Mr. O'Connor could not be heard.

Mr. Muir said, the indictment related to seven case a involving in all £196. out of which only £32 10s. reached the persons entitled. On a claim by a workman named Collier for compensation for an accident, prisoner received £30 for compensation and costs; Collier received only £1. For a man named Platt prisoner recovered £33 5s.; Platt received nothing. For one Naman, prisoner recovered £83 6t., including costs; Naman received £15. For Alice Summerfield prisoner recovered £25; she received £8 For a M. Hines prisoner recovered £6 1s.; Hines received 10s. For Alfred Daly prisoner recovered

£73; Daly received £6. For Joseph Lawrence prisoner recovered £12 12s.; Lawrence received £2.

Mr. George Elliott, on behalf of prisoner, stated various mitigating circumstances in the case, and urged that prisoner had been made a tool by others. He was a member of a highly respectable family, and since the launching of these charges has relatives had paid to the persons entitled all the sums mentioned in the indictment.

Sentence, Three years' penal servitude.

 

  MILEHAM, William Coram (20, coal porter) ; feloniously wounding   Caroline Abbiss, with intent to kill and murder her or with intent to do her grievous bodily harm.

  CAROLINE ABBISS , 31, Cumberland Street, Islington After keeping company with prisoner for nine months we parted about four months ago. On December 5 prisoner met me in Cumberland Street; he asked who it was I was with last night; I said, my cousin. Prisoner put his arm round me and cut me under my neck with the knife (produced); I fell to the ground; he came back and cut me again in the cheek. I had had no quarrel with him.

Police-constable HUGH HUGHES*, 564Y, spoke to finding prosecutrix in Cumberland Street on December 5; she was bleeding from the neck, and was in a state of collapse; witness conveyed her to the hospital.

Dr.CLARA FOLEY, house surgeon at the Royal Free Hospital, said that prosecutrix was treated in the casualty ward; she had a small superficial wound on the left side of the neck and a deeper one on the right side of the face; neither was dangerous, but the latter narrowly missed an artery.

Detective WILLIAM HUBBARD, Y Division. In the evening of December 5 I went in company with Detective Pearl to Northampton. Buildings, Clerkenwell, and saw prisoner. I said, "Is your name William Mileham?" He said, "Yes. I know what you are after." I told him I should arrest him for stabbing Caroline Abbiss. He said, "I meant to kill her. I was there at six this morning, but someone was with her when she came out, or I should have done it then. She chucked me up because I was out of work. Nobody else shall have her. I will do her in yet. I was waiting for her for three weeks or more." On being formally charged he said, "Yes, I'll do it yet. I saw her this afternoon; she had someone with her; I followed them round Chapel Street and lost them; I came back to Cumberland Street and waited for her and did it on her. "

Detective THOMAS PEARL, Y Division, confirmed the evidence of last witness.

Prisoner denied that he said he intended to kill prosecutrix: all he said was," She made we wild. "

HUBBARD and PEARL declared again that prisoner said, "I meant to kill her. "

Prisoner called on for his defence made no statement. Verdict, Guilty of wounding with intent to murder. Sentence, Three years' penal servitude.

BEFORE THE RECORDER.

(Wednesday, January 13.)

 

  BOWMAN, Frederick (45, baker), and   CROCKER, Frederick (42, cheesemonger) , both feloniously uttering, knowing the same to be forged, a certain forged order for the delivery of goods, to wit, fifty boxes of lard, with intent to defraud the   Morris Beef Company, Limited, both obtaining by false pretences from the Morris Beef Company, Limited, fifty boxes of lard, their goods.

Mr. Percy Simner prosecuted; Mr. Abinger defended Bowman; Mr. David White defended Crocker.

  ANDREW THOMPSON . I am salesman in the employ of the Morris Beef Company, Hibernia Chambers, London Bridge. They are a fairly large firm in the provision market, and deal in Canadian lard by the name of" Morris's Pure Lard." As a rule this lard is stored at the Hibernia Wharf. On December 5 I received a message over the 'phone. It was followed by a note which purported to come from Messrs. Fitch, and Son, confirming the telephonic communication." Please give bearer delivery order for fifty boxes lard as per 'phone. (Signed) Fitch and Son, p. p. A. F. "The heading of the note is Fitch and Son, by the Royal Warrant, Purveyors to H. M. the King, Established 100 years," and then follows their addresses in Bishopsgate Street and Wormwood Street. In consequence of that I gave the delivery order for fifty boxes of lard to the boy who handed me the note. Fitch and Son are customers of ours. The delivery order was made out to the Hibernia Wharf. I identify the lard by certain marks and the name of the steamship on the boxes. The marks on the case produced correspond with the marks on the order. I believed the order was a real order from Fitch and Son for fifty boxes of lard. The market value of the lard was 48s. per cwt., and each box contained 1/2 cwt.

Cross-examined by Mr. Abinger. I do not recognise prisoner Bowman. Fitch and Son sometimes give orders by telephone. I cannot say how long they have been a limited company. I took the telephone message. I did not recognise the voice of the person giving the message. I have not since seen the person to whom I gave the order. Orders of that kind are often brought By people I do not know.

To Mr. White. I have had no business transactions with Crocker. I knew him five or six years ago as being in the employment of Fitch and Son. He was, I believe, shop manager. So far as I know he had no control over the notepaper. I do not know that for the last eighteen months or so Crocker has been living by buying and selling what are known as cracked eggs. I do not know that he left Fitch and Son in any trouble.

  HERVEY STANLEY ROWLANDSON , secretary to Messrs. Fitch and Son, Limited. The company was incorporated about this time last year. We changed our notepaper a few months before that. The order for the 50 boxes of lard is written on our old paper. My firm deals with the Morris Company principally in lard, but not to any large extent,

about five or six orders a year. I keep the order book. It contains no order for lard on either December 4 or 5. The order produced is not a genuine order and the signature to it is not that used by the firm at the present time. I know both prisoners. Crocker was employed by the firm until about 2 1/2 years ago as shop manager or foreman. Bowman I knew as a customer. The letter produced (found upon Bowman) is, in my opinion, in Crocker's writing.

Cross-examined by Mr. Abinger. Possibly any clerk who asked for a sheet of notepaper could have done it. I do not know a Mr. Cohen in connection with this case. I have known Bowman ten or twelve years as a customer. He was formerly in business as a confectioner and bought butter and eggs of us, but not lard. I cannot say he is a good customer, as we made a bad debt with him. He was a buyer of cracked eggs, which are used in making pastry.

Cross-examined by Mr. White. If anybody employed by the firm came and said he wanted a piece of notepaper, I should let him have it. I do not know what an ordinary shopman could want a piece of our blank notepaper for. There are a few sheets at the present time in the shop. I was in the habit of frequently seeing Crocker's handwriting when he was in the employment of the firm, and am as certain that the letter produced is in his handwriting as one man can be certain of another's writing. Crocker left Fitch's because the was discharged for supplying one of our customers on his own account.

To the Court. In other words he put into his pocket a profit that ought to have gone into the pocket of the firm. He was paid £3 a week, I think; I am not quite sure.

  JOHN THOMAS HUTT , carman in the employ of Edward Street. I remember Saturday, December 5. On that day the order on the Hibernia Wharf for the delivery of 50 boxes of lard was handed to me by a Mr. Allen, who is a carman contractor. The order was refused at the wharf because it was not signed by Mr. Allen. I came back and had the order signed by Mr. Allen. Then I went back again and got the goods. Crocker jumped on to the van and rode about 100 yards. He said he wanted to go to Tooley Street. I asked him where I should meet him, and he said we had better meet at the "Bricklayer's Arms" in the Old Kent Road. After I had got the 50 boxes of lard I saw prisoner in the Old Kent Road and drove to the" Bricklayer's Arms." There I met an old friend named Gregory and I asked him to come and have a ride with me. Crocker said to me," I shall want you to take this (lard) to Rye Lane, Peckham, and meet me under the archway." He then handed me the slip produced on which is written," 6d. for a drink; meet me under railway arch at Peckham." There was a 6d. wrapped up in the paper. I knew Crocker as Pitch. I drove on to Rye Lane with Gregory, and after waiting at the railway arch 10 minutes or a quarter of an hour, prisoner Crocker came up and said, "Ton will have to wait a minute or two," and, of course, I waited there. He came back in about 30 minutes or 40 minutes, and said, My customers is all gone. You will have to take these to the stable." I did not know where the stable was, and he said it was in the Atwell Road, which is about two or three

turnings away. When I got to the Atwell Road the stables were shown to me by Gregory. There were two chaps there and also prisoner Crocker. I delivered the lard and these young fellows put it in the stable. I did not notice whether there were any marks on the cases, but I saw the name of Morris. The lard was delivered at about a quarter past five as near as I can tell.

Cross-examined by Mr. Abinger. I do not know a man named Cohen. Allen is a master carman in the Borough Market and also a greengrocer. I have seen Allen since he gave me the order. I know Crocker, but I never saw Bowman before I saw him in the police court.

Cross-examined by Mr. White. It did not strike me as somewhat peculiar that I should be asked to take these goods first to the "Bricklayer's Arms," then to the railway arch at Peckham, and then to unload in a stable. Crocker knew I had the order because he was standing by when Allen gave it to me, and when I started he got into the van. I had never seen Crocker before December 5.

  SAMUEL GREGORY , carman, gave corroborative evidence as to Crocker handing the last witness the piece of paper in which 6d. was wrapped, to the waiting under the railway arch at Peckham Rye and the subsequent deliver of the lard at the stables. He noticed that the name of Morris was on the boxes.

  CAROLINE MORRIS , wife of George Morris, 6, Bournemouth Road. My husband has a shed in a mews or yard in Atwell Street. I saw prisoner Crocker on December 5. He called at my house and asked to see Mr. Morris. I told him my husband was out, but would be in in a few minutes. Then he said, "You know Mr. Bert Bowman!" I said, "Certainly I do." Then he said, "I want Mr. Morris to mind a few boxes for me until Monday." I said, "Yes, where is he to fetch the boxes from?" He said, "I have got them in my van, but the horse is so lame I shall want him to cart them away on Monday." I said, "Yes, he can do that. I have got a key, and if that will fit you can put them straight into the stable." I showed him where the stables were. I afterwards saw the van coming down the Bournemouth Road and the two carmen inquiring for Atwell Road. I did not see the boxes unloaded or in the stable on the Sunday, as it is very seldom I go round to the stable.

To Mr. White. Crocker did not say that the goods belonged to Mr. Bert Bowman, but he said that he came from him.

  GEORGE MORRIS , husband of the last witness, spoke to seeing some boxes of lard in his shed on Sunday, December 6. The boxes were marked" Morris and Sons." He identified prisoner Bowman, whom he saw in the Green Lanes. Stoke Newington, on the following Monday, when he was delivering six out of 25 cases of the lard at the shop of a Mr. Allardyce. Bowman then directed him to another shop of Allardyce's, and he drove up just past to the bank entrance. Bowman then told him he would not want him for a quarter of an hour and he might as well go and have a bit of something to eat; so he went and had a bit of something to eat, and when he came back his van was unloaded. Bowman paid him 15s.

Louis BATMAN, greengrocer, who hires a part of the stable in Atwell Road, spoke to seeing the 50 boxes of lard delivered at the stable.

  THOMAS JOSEPH ALLARDYCE , baker, Harringay. I have three shops, 93, Green Lanes; 27, Grand Parade, Harringay; and 7, Palace Parade, Hornsey. On Saturday, December 5, prisoner Bowman, whom I had known before, came to my shop and offered me some lard at 44s. a cwt. Ultimately I agreed to give him 40s. It was sold as damaged goods. At first I said I would have 3 cwt., then I was persuaded to buy 5 cwt. and eventually 7 cwt. were left I arranged that some of it was to be sent to my shop in Green Lanes, and some to my shop in Harringay. I paid him £4 in cash on account, and subsequently when Bowman called I paid him by cheque the sum of £10. The market price of the undamaged lard was 46s. or 48s. I was not there when the lard was delivered, and I did not see it until the police-sergeant came on the Tuesday.

Cross-examined by Mr. Abinger. Bowman called on me about 6.30. I do not know that he was waiting an hour to see me. It was my usual rest time up till half-past six. I have known Bowman 15 years, and so far as I knew he was a man of the highest respectability. For years he was a confectioner, and alter that up till within a short time of this occurrence he had a farm where pig-breeding was carried on. I did not know he had given up the farm and become a general dealer. He was a man I would trust. He came about this lard in the ordinary way; there was nothing secret about it. I consider I offered him a fair price for a damaged article. I think it was United States lard. He made no demur to taking a cheque. The cheque was crossed. I did not ask him where he got the lard from.

Detective-sergeant FREDERICK PUSEY, M Division. On December 9 I saw prisoner Bowman just after he bad left this house in Forest Road, Walthamstow. I said, "Your name is Bowman, is it not?" He replied, "Yes." I said, "I am making some inquiries respecting 50 cases of lard which you have been dealing with, which have been obtained by a false order from the Morris Meat Company, London Bridge." He said, "I know nothing about any lard." I said, "You had better be careful, because I have traced some of the lard to you, which you have sold to Mr. Allardyce." He then made a statement to the effect that a man named Cohen whom he met round Smithfield Market had offered him 7 cwt. of which he had left six boxes at Mr. Allardyce's Green Lanes shop and eight at the Harringay shop. Then he said, "I did not go with the carman, but met him there. I saw Mr. Allardyce after I had delivered the goods and drew a cheque from him for £10. I changed the cheque in the Mile End Road. I met Cohen in a public-house at the corner of Brady Street, Whitechapel, at eight p.m. on Saturday. That is the first time I saw him that Saturday. I do not know who Cohen is or where he comes from. That was the first time I knew anything about the lard." I said, "You went to Atwell Mews, Atwell Street, on Monday morning and brought 25 boxes of lard away in your own van, to which was attached a grey pony." He said, "That is quite right." The pony was mine, but the van did not belong to me." I then told him I

should arrest him and convey him to Southwark Police Station, where he would be placed for identification with other persons. There he was identified by the man Gregory as the man who had shown him the way to the stables on the date that the stuff was stolen. I searched him and found upon him a quantity of memoranda, and amongst other things the following letter: "Dear Fred,—I thought the matter over after our con venation with 'Mac' yesterday. As they are apparently watching you, it seems to me to be asking for trouble to go on with anything just at present. I will drop a line as to meeting later in the week.—Yours truly, F. C." I saw Crocker on the morning of December 18 as he was leaving his house at Balham Hill. I said "Mr. Crocker" to him twice. Ho said, "That is not my name." I said, "What is your name?" He said, "Mr. Seaton." I said, "I have reason to believe your name is Crocker." He said, "Come back to my house; you can ascertain my name is Seaton." I said, "I am quite positive your name is Crocker. I shall arrest you for being concerned with a man named Bowman, now in custody for forging and uttering an order for 50 boxes of lard, the property of the Morris Beef Company." He said, "You have your duty to do; I have nothing more to say." I conveyed him to Southwark Police Station, where he was placed with nine other men, and identified by two or. three of the witnesses as the man giving Gregory and Hutt the piece of paper and telling them to go to Peckham Rye. He was subsequently charged and made no reply. I conveyed him in a cab to Tower Bridge Police Court. On the way he said, "It is quite right all out the witnesses. I could have told you that this morning if you had asked me. I was there when the lard was got from the box, and I arranged with Bowman to help sell it, but we were too late for the sale on Saturday. There were 50 boxes altogether, and the only place I thought of was Mr. Allardyce's shop at Herringay. I went with the van, but I took no part in selling it. Bowman did that." I subsequently went to Allardyce's shop and made inquiries, but instead of finding 25 boxes I only found 14. The box produced is one I brought from Allardyce's.

Cross-examined by Mr. Abinger. I have made inquiries about Bowman. I cannot say he is a highly respectable man. He has been a bankrupt, I believe. After he was turned out of his shop he did a little bit of jobbing round the wharves and warehouses. One day about 18 months ago a carman dropped a sack of sugar at 327, Whitechapel Road for Mr. Bowman. The carman was arrested, and Bowman's sister, who lived at the place, gave evidence at the Thames Police Court that the sugar was taken there for some other person; otherwise she would have been arrested for receiving it. Two men are now in custody and awaiting trial at Chelmsford who have been at his farm receiving stuff there. One is MacPherson, the" Mac" referred to in the letter. They had been getting bullocks, sheep, and pigs by worthless cheques. Bowman gave these men a reference to get a banking account at Walthamstow. I do not know whether the two men have been convicted, but they are awaiting trial 1 took Bowman's statement down in Forest Road, Epping. I cautioned

him and told him to be careful. I have tried to find the man Cohen spoken of by Bowman in the neighbourhood of the Whitechapel Road. I did not inquire for him at Smithfield Market, where I have no doubt there are a number of people named Cohen to be found.

Cross-examined by Mr. White. I have also made inquiries concerning Crocker. For some years he has been known by the name of Seaton. He was discharged from Fitch's for not doing his duty in a proper manner. He was a buyer and salesman, and I think the firm found out that he was buying goods from another firm at 60s., and having them invoiced to Messrs. Fitch at 68a. I got my information from Mr. Hugh Fitch. After Crocker left Fitch's, as far as I can gather, he went to a man named Shaw, and he was to receive one third of the business that he took into the place. I do not think he was there more than six months. He introduced as a customer Frederick Bowman, of 327, Whitechapel Road, which was a place where prisoner Bowman used to have stuff left I have no information that Crocker worked at Sainsbury's, obtaining employment there on the strength of the character he received from Fitch's. As to what he has been doing in the last few years I could say a lot. There are no previous convictions against him.

(Defence.)

  FREDERICK BOWMAN (prisoner, on oath). For the greater part of my life I have been a baker and confectioner at various places, Walthamstow last. I gave up the confectionery business, and went into pig breeding at Temple Mills, Leyton. I still have the farm, but I had a lot of ill luck in breeding, and the page died off. I then went into the salvage line, dealing in salvaged goods from shipping companies, damaged wheat, and so on. I have known Crocker I suppose about twelve years. On the morning of Saturday, December 5, I got off the tram at the "Thatched House," Leyton, and there I saw Mr. Frederick Cohen. I cannot tell you where he resides, but I have met him at Smithfield and at various sales. He hat no place of business that I have ever heard of. Altogether I have had three dealt with him. I bought tome damaged wheat of him, which was delivered at Temple Mills. Then in September I bought some damaged maize, about 3 cwt. or 4 cwt., and after that some tallowy oats, I suppose about 20 qrs. Cohen told me that this lard had been damaged by sea water, and he asked me if I could tell some for him, and I said I would try. The tame day I met Crocker at Aldgate and told him what had happened, and Crocker asked me where be could find Cohen. I told him he would be at the "Bricklayer's Arms" tome time in the afternoon. Crocker wanted to sell some of the lard. That was all that took place between us. I did not know that a forged order had been presented to Messrs. Morris purporting to come from Messrs. Fitch. I had no hand in that At to Gregory's statement that he taw me in Peckham at 5.30 on that Saturday, I was in Harringay at 5.30, waiting for Mr. Allardyce to get up. I have a brother named Bert who resembles me very

much in appearance. It would take about an hour and a half to get from Peckham to Harringay. My arrangement with Cohen was that all I could get over 36s. per cwt. was to be my profit. I did not ask Cohen where he got the lard from. Dealers do not as a rule ask each other where they get damaged cargoes from. I did not open a case to look at it, and did not see any of it till I saw it on the Monday. On the evening of the Saturday I saw Cohen about, 8 o'clock at a public house at the corner of Brady Street, Whitechapel, by appointment. I met him there because I had no business place, and he had none as far as I know. I told him a had sold Mr. Allardyce 5 cwt. of the lard, and I thought he would not mind taking 7 cwt. Cohen said, "Have you got any money?" I said. "Yes, I have got £4 on account," and I gave him the £4. He asked when he was to deliver it, and I said he was to deliver it before 12 o'clock on Monday at the Green Lanes. He said, "All right, it shall be there." I do not know Allen. I saw the lard for the first time on the Monday at the Green Lanes in a van. I did not see Crocker between the Saturday and the Monday, but I saw him at Green Lanes. I think he came up to say he could not sell any of the lard. If I had told Cohen I was going to sell the stuff to Allardyce he might have gone there and traded on his own account, and I should not have got any profit from him. I also gave the cheque for £10 to Cohen and he handed me back 30s., my commission. That is all the profit I made out of the transaction. I did not know that the lard had been deposited in Morris's stables till the detective told me. The letter found upon me I suppose I received six or eight weeks ago. "Mac" was a servant who worked for me some time ago, looking after the pigs. "As they are apparently watching you" refers to the police. There had been a robbery within a few yards of the piggery, and "Mac" told me, one morning that the people round there were all being watched on account of it "It seems to me to be asking for trouble to go out with anything just at present" has reference to a project of Crocker's as to betting. He said what a fine opportunity there was for making a book over this way, as the Great Eastern people employed 8,000 men, and he thought it would be very fine business.

Cross-examined. I have tried to find Cohen, but have been unable to do so. He does not haunt the places I am accustomed to go to. I was willing under the circumstances to find a job wherever I could. I was always open to earn money.

To the Court. My brother is not here. I do not think he could be brought here by the morning, as he has gone away.

Cross-examination continued. I told Inspector Pusey that Cohen was a Jew. I could not tell him where he could be found; I should like to find him myself. I have never been to Harringay from Peckham, and am not aware that the journey can be done in three-quarter of an hour.

  FREDERICK CROCKER . (prisoner, on oath). I have never had any charge brought against me before this. I have known Bowman ten or twelve years. On December 5 I met him in the neighbourhood of Aldgate Station. He told me he had some lard for disposal and asked me if I could dispose of any, as I was well known in the provision trade. I said I thought I could. He told me it was damaged lard. Up till the end of November I had been with Shaw and Co. Previously I had been dealing in cracked eggs, which are used for confectionery purposes. He told me I could see the lard at the "Bricklayers' Arms" between three and four the same afternoon. I went to the" Bricklayers' Arms" and there saw Cohen, whom I had seen twice in the company of Bowman and knew as a dealer. I asked Cohen about the lard he had for sale, and he said it would be there presently. We were in conversation for some little time, and he then gave me a small packet and told me to take it across to the carman (Hutt) and tell him to go to Rye Lane, Peckham. Afterwards I went on to Peckham myself in accordance With Cohen's instructions. I have no stable at Peckham. Cohen gave me the address of a man named Morris and said, "If you go to that address and mention the name of Bert Bowman he will store this lard until Monday." I had previously told him it was no use attempting to sell lard on a Saturday afternoon. I went to the address given me by Cohen and saw Mrs. Morris. I asked her permission to store the boxes in the stable, and mentioned the name of Bert Bowman. She said she knew Bert Bowman well and I could do that, certainly. I had never seen Mrs. Morris before that date. The statement of the carman Hutt that I got on to his wagon and rode for 100 yards going to Tooley Street is absolutely untrue. Before I left Cohen at the" Bricklayers' Arms" he gave me 4s. or it might have been 5s. After I had spoken to Mrs. Morris I went back to where the van was standing and told the carman Hutt to take the boxes to the stable in Atwell Street. I was not with Bowman after, and left him in Tooley Street. He was not with me in Peckham. If Gregory says he saw me and Bowman together that afternoon that is wrong. The boxes were unloaded by the Carmen and two young fellows who were in the stable at the time. I saw some of the boxes at Harringay on the Monday—I presume they were the same. I saw Bowman there. With the exception of the 4s. I received nothing else from Cohen. When I was in Fitch's employment I had opportunity of getting hold of their notepaper but I never had any of it after I left their employment. I left there about June, 1906, for the reason that I had been engaging in transactions on my own account. That came about in this way: A man named Pearson, who had been in the employ of the firm for some time, was discharged as he was getting rather old—there was nothing against his character. He came to me some time afterwards and said he had nothing to do and had a family dependent on him and if he could get some goods for sale he could get a living; could I help him? After considertion I said yes; I would buy some goods and he could sell them. So

I bought goods in the market and this Pearson sold them. It came to the knowledge of Mr. Edwin Fitch and Mr. Stanley Fitch. They called me up into the office and said that they heard I had been engaged in outside transactions, they would not have that, and I must leave their employment. Mr. Stanley Fitch gave me a written reference. After that I went to Sainsbury's. There is no truth in the suggestion that I traded with Fitch's money or that I had goods invoiced to Fitch's at more than cost price and took the balance myself. I asked Mr. Fitch if there was any imputation of dishonesty as to my transactions and he said none whatever.

Cross-examined. At the time of this transaction of December 5 I was in no regular employment. I had just left Shaw and Company. I have been on, bail, but have not since seen anything of Cohen, though I have been to the places where I had been in the habit of seeing him. I did not tell Sergeant Pusey I was at the docks when the lard was obtained. I told him I arranged with Bowman to help sell it. I told Pusey my name was not Crocker but Seaton. That is the name I have been going by for three and a half years. I first saw Hutt at the "Bricklayers' Arms." I did give the paper to Hutt with directions, enclosing a coin of some description. On the Monday following I did not see the boxes actually delivered at Allardyce's shop in Green Lanes, but I saw them on the van. I did not notice how many there were. I did not go to the other shop. Fifty boxes were stored in Morris's shed. I have no knowledge where the rest are. Having seen them stored I did not worry about them any further. I admit that the letter found on Bowman was written by me. I could not see my way to going into betting transactions while Bowman's place was being watched in consequence of something that had occurred at Temple Mills. With 8,000 men there employed by the railway company I thought there was a very good chance of making a starting-price book.

Verdict, Both guilty.

Sentence, Each nine months' hard labour.

Mr. Simner asked that the lard might be restored to prosecutors.

The Recorder said the police would no doubt exercise proper discretion. This being a case of obtaining by false pretences and not one of larceny, he could make no order of restitution.

BEFORE THE COMMON SERGEANT.

(Wednesday, January 13.)

 

  STAFFORD, George Walter (33, clerk) pleaded guilty of feloniously marrying   Annie Rosina Hewlett, his wife being then alive.

Sentence, Four months' hard labour.

 

  HARRIS, Samuel (31, merchant) , corruptly offering to   Ernest Alfred Cordell, an agent of   Oppenheimer, Blandford, and Company, a certain consideration and gift, to wit, a sum of money, as an inducement to said E. A. Cordell to do a certain act in relation to his principals, affairs and business.

Mr. Travers Humphreys prosecuted; Mr. Muir and Mr. Daniel Warde defended.

  ERNEST ALFRED CORDELL , clerk to Oppenheimer, Blandlord, and Co., 10 and 12, Copthall Avenue, solicitors. My firm collect a number of debts for German clients. On July 14, 1908, we had instructions from Scrobell, Tscherner, and Co., of Elsenburge, to collect from S. Harris and Co., 22, Barbican, £44 5s. 6d., and I wrote letter produced threatening proceedings, which I took to 22,. Barbican, and saw the prisoner. He said he knew all about it and he did not owe the money; he had the goods in his possession, but he could not sell them: they were not according to sample, they were not as ordered. I wrote to Germany for further instructions. I afterwards received instructions from Albert Finger, a pianoforte maker in Germany, to collect from prisoner's firm £21 5s. 6d. for a piano supplied. I saw prisoner on August 7. He said he bad sent the piano to South Africa,; he did not intend to pay for it, as it was damaged in transit. On October 7 I had received instructions to collect a third debt from prisoner's firm of £38, due to Hilmar Chleintein, of Germany, and saw prisoner. He did not dispute that debt. I then told him our instructions from Scrobell and Co. were that the goods were according to order, that they could not be returned, and that we must have the money. We discussed the matter, and prisoner suggested that perhaps there was some means of getting out of the payment of that debt; he said that if I could write over in my principals' name to Scrobell and Co. to the effect that prisoner's firm had gone away, were bankrupt, or it was no use suing, he would pay me 25 per cent. of what he might realise when he sold the goods. I said, "If you give me time to consider the matter, I will let you know," and promised to call again the next day. I then returned to my office and reported the matter to Mr. Blandford. The next morning, October 8, Mr. Blandford and I went to the chief offices of the City Police and saw Superintendent Stark. The same afternoon I went to 22, Barbican, with Sergeant Newell and saw prisoner, leaving Newell outside. I told prisoner I had considered his offer and was willing to accept it, but before I wrote the letter I required a payment on account. He said I could not have cash; he had not sold the goods and did not know what they would realise and how much would be due to me. I insisted on some payment, and he gave me crossed cheque produced for £5 on the L. and S. W. Bank, payable to my order. As I was leaving prisoner said if I had any further instructions from Continental firms, if I would call upon him he would treat me in the same way. I then left, joined Newell at the doorway, and handed him the cheque, which he returned to me, and I handed it to Mr. Blandford the same day.

Cross-examined. The proposition about the 25 per cent, was only made with regard to the debt of £44; I was endeavouring to collect from prisoner two other debts of £21 and £38. I have been collecting debts for German firms for some time; in about 5 per cent. of such cases the debtors say the goods are not according to sample or raise frivolous defences of that description. I have not known that defence to succeed in court. I have sometimes advised clients to accept a return of the goods. The third time I saw prisoner he said the goods were all right. I never examined the goods. I have not collected the £21 debt. Proceedings are pending to recover the £58 debt, and prisoner filed an affidavit that the goods were not according to sample. On another debt we have ultimately accepted 50 per cent. under instructions from our client. I had six interviews in all with the prisoner between July 14 and October 7. I made no note of those interviews. I am trusting to my memory, assisted by the letters I wrote. On one occasion prisoner pointed to the goods, but I did not want to see them because I told him my instructions were to sue for the full amount. I had a copy of the invoice of the £44. On October 7 and 8 prisoner's manager was present, whom I knew as Pallast. He may have passed through at a previous interview. but those were the only two interviews at which he assisted. On October 7 Pallast said the goods for the £38 debt were all right. Prisoner offered to return the goods on August 10. I told him my instructions were not to accept the return of the goods, and that we must press for payment of the whole debt. Prisoner said he would not pay for them because they were not according to sample—not what he expected when he ordered. I saw him again in the street in September and asked him to return the invoice. I told him I wanted it to prepare the indorsement of my writ. That was a bluff to let him think we were immediately proceeding, and to see if he would pay something on account. On October 7 prisoner did not offer to take the goods at a reduced price. On October 8 he asked me what name he should make the cheque out in, and I gave him my card. He asked if I would accept a crossed cheque. I said I did not mind as I had a banking account of my own. He said, "You do not want to cash this to-day, do you?" I said, "No, not particularly." He led me to believe there was not sufficient money in the bank. I believe prisoner's banking account has been examined, but I do not know how it stood.

Re-examined. We have not been paid either of the three debts of £21, £38, and £44. I made a note (produced) of the interview of October 7. (Held that the note could not be put in evidence.)

  WALTER F. H. BLANDFORD , partner in Oppenheimer, Blandford, and Co., solicitors. I have a large number of debts to collect for German clients. Cordell attends to the business when they are within the limits of county court work. On July 14 I had instructions from Scrobell and Co. to collect £44 5s. 6d. from prisoner and signed letter produced. I also instructed Cordell to collect the two other debts mentioned from prisoner of £21 and £38. On October 7 Cordell had an interview with me; we saw Superintendent Stark the next morning and Cordell subsequently handed me cheque produced. I subsequently

obtained the Attorney-General's content and took out a summons at Guildhall.

Cross-examined. A warrant was afterwards obtained upon the sworn information of H. A. Scott, who stated that prisoner was departing for America on Wednesday next, that his wife had already arrived in America, that he had disposed of his household furniture and was living at temporary apartments at Stoke Newington. I believe that information was not correct. I have inspected prisoners banking account. On October 8 there was a credit balance of £40 14s. 10d.; payments in of £80 12s. 7d., and payments out of £61 16s. 9d., so that unless the two payments out were made first there would be an ample balance to pay the £5 cheque.

Detective-sergeant WILLIAM NEWELL, City. On October 8, at three to four p.m., I went with Cordell to 22, Barbican, on the first floor. of which are the offices of Harris and Co. Cordell went into the office; I went up a few stairs and saw him through a window apparently in conversation with two other persons. After about 20 minutes Cordell came out and handed me prisoner's cheque for £5 (produced), which I returned to him. On October 31 I served upon prisoner at his office the summons charging him with the present offence. He said, "I know all about it I know I gave the man £5, but I did not bribe him." The summons was returnable on November 19. In the meantime a further information by Scott was sworn, a warrant was obtained, and I arrested prisoner, on November 17, at his office. I told him I had a warrant for his arrest. I said, "This warrant has been granted upon an information sworn at the Guildhall to the effect that you are about to go to America, that you have sold your furniture, your wife has gone to America, and you are about to go in the course of a few days." He said, "I have not sold my furniture. My wife has been to America on a visit to relatives there and she has returned already. I have no intention of going to America." I asked Him for the counterfoil of the cheque and he produced book containing the counterfoil (produced) of the cheque, which is "V 191728" The counterfoil is blank. All the previous counterfoils are filled up; the subsequent counterfoils down to October 19 are filled up; there are some blank ones at the end of the book. Prisoner also handed me paper produced containing list of items amounting on one side to £688 14s. 10d. and on the other to £547 16s. 7d., including an item of £5, and showing a balance of £140 18s. 3d.

Cross-examined. The account would show a credit balance of £140 18s. 3d. From inquiries made I believe prisoner's statements as to the information sworn by Scott to be true. When I arrested him he was carrying on business in the ordinary way so far as I could see.

(Defence.)

  SAMUEL HARRIS (prisoner, on oath). I carry on business at 22, Barbican as merchant and warehouseman, I am 31 years of age, have been in England about 20 years, and have been in business as

general merchant about 12 years. I have been 1 1/2 years at 22, Barbican; previously for about 18 months in Houndsditch; and previously to that for about 3 years in Fore Street as fancy leather goods dealer. I have never been bankrupt or compounded with my creditors. My private house is 13, Coburg Place, Stamford Hill, where I have lived for three years, paying £45 rent besides rates and taxes. The furniture belongs in great part to my wife. My liabilities are about £700 or £800 and my assets much more. Three months ago I was solvent. My business is chiefly with German firms, from whom I buy goods through agents or upon samples sent over. In February, 1908, I did business with Scrobell and Company, of Elsenburge, Saxony. They sent me samples of hair-cloth, of which I ordered ten pieces, which were delivered three months afterwards. They were not according to sample; I wrote to Scrobell and Company stating that I could not do with the goods at all, that I had ordered hair cloth and that they had sent me starched canvas. I had a copy of the letter, but is has disappeared; I showed it to Cordell when I first saw him in July. I told him that 1 could not do with the goods; showed him the goods, and he compared them with the sample which I produced to him. I asked him to write to Scrobell and Company and ask them to take the goods back, and he said he would do so and let me know. About five weeks later he called, brought a duplicate invoice, said he was going to take the goods back and he would call to-morrow morning with a barrow and take them after checking them with the invoice. I said he could do so with pleasure, that I could not sell them and that I bad no use for them. I put them out in rows to show that they were exactly as per invoice. He did not call again. About six weeks later in December I met him in the street and asked him why he had not taken the goods away. He said he was rather busy and would let me know in due course. He has called a few times and seen my manager. On October 8 he called, and I gave him the cheque for £5. My manager told me that he had arranged with Cordell to pay 25 per cent of the price of the goods. I told Cordell that the goods were there for him to take away but as my manager had arranged with him to give him 25 per cent., as I wanted one matter settled, I would not argue about it but would accept his offer and give him the 25 per cent., otherwise he could take the goods away. Cordell said, "Can you give me the cash?" I said, "I can give you the cash, a crossed cheque or an open cheque—anything you want." I asked him whom I should make the cheque out to and if he had got the receipt. He handed me card produced and said, "You can make the cheque out to me." I asked my manager if I could give him the cheque. My manager said it was all right I gave him the crossed cheque for £5 because it would be the same as a receipt. I told him if he was not satisfied he could take the goods back as I could hardly sell them at any time. I told him that if he would bring up a receipt I would give him an open cheque for the balance. I had quite sufficient money at the bank to meet the cheque. I am under an agreement to leave a balance of £50 at the bank. I did not give it as a bribe as stated by

Cordell. I was served with a summons in this case and afterwards arrested, My wife had been to America last summer to see her relatives and had then returned. I had not disposed of my furniture or given up my house. I had just bought some fresh furniture. I bad no intention of leaving the country. The statements in the information of Scott on which a warrant was obtained are absolutely untrue.

Cross-examined. My manager's name is Seelenfreund. He, has been with me about nine months as my manager; he has never been in partnership with me. He does not speak English as well as I do, but he understands it, and I speak to him both in German and English. The Payment of £5 to Cordell was a regular business transaction. I have no entry of it in a book. I gave Newell the account showing my receipts and payments. I do not keep books beyond my letter book and the invoices. I have marked the invoice with this payment. I have not brought the invoice here as I did not think it necessary. Cheques are usually made out by my manager and the counterfoil filled up. Making out the cheque myself I might leave the counterfoil blank if I was in a hurry. I cannot exactly remember why I did not fill up the counterfoil of Cordell's cheque. As a crossed cheque has to go through the bank, I consider it as good as a receipt. I usually get a receipt as well. I asked Cordell for a receipt, and he said he was going to bring one up in a day or two, so I did not give him all the money. I thought I could trust him with £5. I had seen him several times, and he represented himself as a solicitor or a partner in the firm. He must have misunderstood me or misunderstood my manager. I can hardly believe how he comes to say what he does. I ordered the goods in February, 1908, and received them in April or May. They were ordered on the usual terms of payment in thirty days. I wrote letter produced dated April, 1906, to Scrobell and Co., in German, stating "We are willing to give you a remittance as soon as we receive your goods, and we are rather astonished that you are always asking for more references. We will also in future, if you wish, pay you cash. As this it a cash transaction, we will remit you as soon as we receive the goods." Cash means thirty days after receipt. We might remit either by a bill or by cash. Scrobell and Co. then sent the goods. I wrote them Stating they were not what I had ordered. I showed a press copy of the letter to Cordell. The letter was in German; the copy is mislaid. I cannot find it. My manager wrote the letter. Cordell read it. My manager showed it to him in my presence. The letter was in German. Cordell cannot read German, but my manager read it over to him, and he looked at the letter to see the date. Cordell said he would write to the firm, tell them all about it, and let me know. He came again and said he would take the gods back the next morning. He said, "I shall take the goods back. I will call for the goods to-morrow morning, as you complain of them." I ordered hair-cloth, and they sent canvas. I showed Cordell the sample. Anyone could see the difference. He told me he would call for the goods the next morning with a barrow or with a man. I think that statement is in

my affidavit. I do not know why it was not suggested to Cordell in cross-examination. I told my solicitor of it. Three or four weeks afterwards, when I met Cordell, I asked him why he had not been for the goods. He told me he had been too busy. The goods were standing there in my warehouse until he got the cheque. I cannot swear that I did not see Cordell on October 7. I have sold the goods between the date of the summons and my arrest to Tempest and CO., clothing manufacturers. I believe the samples are in my place. I have got them still.

  HERMANN SEELENFREUND . I have beer prisoner's manager since January 1, 1908. I am an Austrian and have been previously employed in Austria as foreign correspondent. In July, 1908, Cordell called for payment for goods for Scrobell and Co. Prisoner refused to pay or the ground that the goods were not according to simple. I was present at the interviews on October 7 and 8. On the 7th Cordell saw me; I gave him a cigarette, which he had nearly finished when prisoner came in. Cordell asked if we had still got the goods. I showed them to him, and asked him," How could you expect we could sell goods which you could buy for 3d. or 4d. a yard, when they are invoiced at 1s. 1d. or 1s. 1 1/2 d?" Cordell said, "What do you propose to do?" I said to him, "You cannot send the goods back because your manufacturers will have to pay duty, as they have remained here such a long time, but if you will take 25 per cent off the invoice price I will try to persuade the governor to buy the goods for 25 per cent." The prisoner came in in the middle of that conversation; I told him about it, and he said to Cordell," What are you going to do? If you are willing to sell me the goods for 25 per cent. I will pay you in cash or with an open cheque." Cordell said he would consider it and come again the next day. On the next day, October 8, Cordell came; I and prisoner were present. Cordell asked for payment. Prisoner refused to pay, and I begged prisoner to pay him at least something on account—that he should make me keep my word—that as I had arranged to pay 25 per cent. he should pay something so that I should know that the business was completed. Prisoner asked me what he should do. I told him as Cordell was a partner in the firm, and he possessed the invoices, we could give him a cheque—that was my opinion. I spoke to prisoner in German. Prisoner then gave him the cheque. Cordell gave me this card (produced). I said to prisoner, "This is the address of Mr. Cordell; you can give him a cheque in his name." At none of the interviews was anything said about giving £5 to Cordell for anything except on account of the purchase of the goods.

Cross-examined. I have been in England about four years—since 1905. I have been in business on my own account as manufacturers' agent, and was first employed by prisoner in January, 1908. I did not keep books either for myself or prisoner. I do not generally get a receipt when I give a cheque, as that is the same as a receipt. I used to fill up the counterfoil when making out a cheque for myself, and airways did so when writing one for prisoner. Prisoner did not always do so when he wrote a cheque himself—he does not write

very quickly. Prisoner is a merchant dealing chiefly in soft goods; also in china. He deals in anything in which he can make a profit; he bought a piano from Finger. He kept no books to my knowledge; I kept none in his business. If he wrote a cheque he put down the amount—on a piece of paper. I think Cordell first called in July. On October 7 I asked him," Why do not you take the goods back?" because prisoner had told me in the beginning of October if anyone called for the goods I should bring them up. Cordell asked on October 7 if we had still got the goods. I considered they were only worth 2d. or 3d. a metre and they were charged at 1s. 1d. or 1s. 2d. We did not send the goods back to Germany as I knew they would have to pay the duty—I thought Cordell would get another customer for them. On October 7 prisoner said to Cordell," What are you going to do? Are you willing to accept 25 per cent. for the goods? I will pay you cash or an open cheque." Cordell said, "I will consider and I will come to-morrow or the day after." I think he was to send a wire to Scrobell and Co. That was not a wire to say that Harris and Co. were not worth suing—it was about the settlement. Prisoner was to pay 25 per cent of the amount of the invoice—that was what he offered on October 7. He came the next day—the goods were still there. Prisoner said, "What is your decision?" or something like that. Cordell replied, "I want the money." Prisoner said, "I cannot give you the money, because I have got the goods still left—I cannot give you it all because I have not sold the goods." Then I told prisoner, I have agreed yesterday that you will buy the goods for 25 per cent. Do not make me a fool—why do not you give him something at least on account?" Cordell was asking for the whole of the money. I do not think we have the sample—I sent the manufacturer the sample, I think, when I wrote that the goods were not according to sample. When Cordell came I do not think we had the sample—it had gone back to Germany—we had a piece—there were four or five pieces; it may be the samples are still in the office. The goods were sold at the end of October—a day or two before the summons—not afterwards. I do not know whom they were sold to as I was not in the office at the time. I had nothing to do with the sale. I believe they were sold for £18 or £20.

Verdict, Guilty.

Sentence, Six months' hard labour.

Mr. Wards asked for facilities in prison to see the defendant with a view to appeal.

The Common Sergeant said he had no power to grant the application, but no doubt the facilities required would be afforded. He had no wish to encourage appeals, for it seemed to him that the time of the Court of Criminal Appeal was seriously wasted by appeals which were groundless.

 

  BROOKS, Percy Charles (32, agent) , stealing one cheque book, the goods of   Robert Sitton; forging and uttering a certain order for the payment of money, to wit. a banker's cheque for the sum of £6 10s., with intent to defraud   Charles Gillard; forging and uttering a certain order for the payment of money, to wit, a banker's cheque for the sum of £3, with intent to defraud   Henry Capelli .

Prisoner pleaded guilty of obtaining £3 from Henry Capelli which plea was accepted by the prosecution.

Sentence. Six months' hard labour.

 

  FISH. Alfred William (43, painter) pleaded guilty , of feloniously marrying   Marion Elizabeth Allwood, his wife being then alive.

Prisoner having been two months in prison, and having a good character, and there having been intimacy before the second marriage, he was bound over in £20 to come up for judgment if called upon.

BEFORE JUDGE LUMLEY SMITH.

(Wednesday, January 13.)

 

  PAYNE, Henry Thomas (37, electrician) pleaded guilty , of fraudulently converting to his own use £2 4s. 2 1/2d. entrusted to him as secretary of a loan and investment society by   Charles Frederick Whelpdale, £2 11s., entrusted to him by   Miss Sophia Wright, and other moneys.

Sentence, Five months' imprisonment in the second division.

 

  DIXON, Robert pleaded guilty , to attempting to commit suicide. He was released on his own recognisances in £5 to come up for judgment if called upon.

 

  HARRIS, Frederick (28, carman), was indicted for stealing two rolls of cloth from   Edward Hitchens and others. and feloniously receiving the same.

Prisoner was tried at last Sessions with one Edward Wilson (see p. 193); the Jury then disagreed.

On the present trial the evidence given in December was repeated, prisoner again giving evidence on oath.

Verdict, Not guilty.

 

  CRANE, Robert William (22, barman) , attempted unnatural offence. Verdict, Not guilty.

 

  COOK, Granville, pleaded not guilty of maliciously publishing a defamatory libel concerning   May Hawthorne ; not guilty of unlawfully publishing and threatening to publish a libel upon her, with intent to extort from her certain moneys; and guilty of feloniously sending, uttering, or causing to be received, knowing the contents thereof, a letter demanding money of her, with menaces.

Mr. Curtis Bennett prosecuted; Mr. Forrest Fulton defended. The first and second counts were not proceeded with.

Convictions proved. July 20, 1906, ten months' hard labour, attempted fraud; April 25, 1898, 12 months for false pretences; July 25, 1900, three years' penal servitude for larceny; April 29, 1907. two terms of hard labour, 21 months each, concurrent.

(January 15). Prisoner, on apologising for the libel, and promising not to molest or annoy prosecutrix again, was released on his own recognisances in £25 to come up for judgment if called upon.

 

  MEECHES, Eugene (19, waiter) pleaded guilty , of stealing a banker's cheque, value 1d., the goods of   Joseph Herman Hart; forging and uttering a banker's cheque for £7 7s., with intent to defraud.

Mr. H. D. Cornish prosecuted.

Detective-sergeant GEORGE MILES, S Division. I produce papers I found at prisoner's lodgings, with impressions of keys and of holes of the keylocks, found in prisoner's possession, also some ingenious tools. Prisoner had evidently been practising the writing of cheques and the signature of the Messrs. Hart.

Sentence, three months' imprisonment, second division; certified for expulsion under Aliens Act.

 

  PLANT, Thomas (31, porter) pleaded guilty , of attempting to obtain by false pretences from   Sarah Ann Brown £4, her moneys, and feloniously forging and uttering an order for £4; also to obtaining by false pretences from   William Frederick West 213/4lb. of cheese, the goods of   William James Stamp . Several previous convictions were proved. (January 18).

Sentence, 12 months' hard labour on each indictment; to run concurrently.

 

  JONES, David (38, dairyman) ; feloniously marrying   Lottie Nash, his wife being then alive.

Mr. Hart prosecuted; Mr. C. A. Palmer Chizzola defended.

Police-constable THOMAS RICHARDS, 564 Y. I was present some years ago at the marriage of prisoner with Mary Jones, at the Tregaron Registry Office, near Aberystwyth, Wales. I see the wife in Court.

Miss. ELIZABETH JONES. Prisoner is my father. I reside with my mother at 27, Park Street, Liverpool. My father used to live there with us. Four years ago last March he left. I have since received several letters from him. My mother and I still live in the same house. Recently my mother received from him a pamphlet (produced) addressed to her in his handwriting.

Cross-examined. I have not answered any of prisoner's letters, and do not know whether my mother has answered any.

  LOTTIE NASH , domestic servant, 363, Holloway Road. Early in 1897 I was assistant manager to the City of London Union. Prisoner came there in January, 1907. He ultimately proposed to me I asked him to inquire whether his wife was dead or alive; and he said he would do so, and would produce papers to show that she was dead. Before I married him I asked him several times to do this, and he said, "Can't you trust me?" He said he could get them; but he never told me definitely whether he was free. He said his wife was dead, and I married him on May 3, 1908, at St. Paul's Church, Holloway. I lived with him as his wife for three months and a fortnight. I then left him because he accused me of misconduct.

Cross-examined. I left him before I heard of his having been previously married.

  EMMA JARMAN , 80, Kingsdown Road, Holloway. Prisoner and the last witness, my sister, were married from my house. I witnessed the marriage.

Detective-inspector DAVID EDWARDS, Y Division. On December 27, at Cardiff, I arrested prisoner, on warrant, but did not caution him. He said, "I thought she was dead." On my further charging him he said, "I heard she was dead." I produce copies of his marriage certificates, dated February 12, 1886, and May 3, 1908. I produce documents found at his lodgings.

Prisoner's statement before the magistrate: "I wrote; I received no reply; and took it for granted that she was dead."

(Defence.)

  DAVID JONES (prisoner, on oath). I was for 21 years in the Liverpool Police. Just before joining the police I married Mary Jones. After I left the police I entered the dairy business. My wife and I did not agree very well, and at the end of three years I sold my dairy business to my father-in-law. According to this arrangement I was to leave Liverpool, and did so about March, 1904. In 1905, though I had written to her several times, I had not heard from her. In 1907, while acting as porter and superintendent of labour for the City of London Union at Shoe Lane, I met in the Casual Ward a man named Ellis, a carpenter from Liverpool, who told me that the dairy business was sold, and that my wife was dead. I did not ask him for particulars. I do not know where Ellis is now. I wish I did. In consequence of what Ellis told me I told Lottie Nash that I was a widower, and married her. I had written on several occasions to my daughter, at 27, Park Street, but could get no reply. Subsequently to my interview with Ellis I met at Wandsworth, in October, 1908, a fellow-dairyman, who told me he had heard that my wife was still alive. I posted to her address the missionary pamphlet produced, thinking that if she were alive I should get a reply. I do not remember whether I sent a letter also. My address was inside. I cannot say what it was written upon.

To the Judge. I lived at Liverpool till about four years ago, and when I left my wife was alive and well. After I saw Ellis, the casual in the workhouse, I did not make any inquiry as to whether my wife was alive or dead. There I made a mistake.

Verdict, Guilty.

Detective-inspector DAVID EDWARDS, recalled. In October last prisoner proposed marriage to a Miss Owen, living in New Oxford Street. She has written to me about it, and I have seen her. Prisoner has been rewarded for assisting the police on several occasions.

Sentence, Six months' hard labour.

BEFORE MR. JUSTICE GRANTHAM.

(Thursday, January 14.)

 

  HUME, George (40, tailor), was indicted for and charged on Coroner's inquisition with the wilful murder of   Bertha Hume.

Mr. Travers Humphreys and Mr. Oddie prosecuted.

Prisoner, on being called upon to plead, made no reply. On the question whether he was "mute of malice" or was unable to plead, Dr. Scott, medical officer of Brixton Gaol, was about to be called, when prisoner pleaded "Not guilty. "

  FANNY WILLCOX , 5, Loampit Hill, Lewisham. Next door to me prisoner and his wife and child have been living for twelve months. I last saw Mrs. Hume on November 15; she was with prisoner and the child. On November 16 in the morning I saw prisoner sweeping the doorstep; I asked him "How is the missus?" He said she was poorly and he had given her some medicine and she would be better soon; then he said she had gone away. Later in the day I saw him again; he said his wife was still in bed; he said, "Do you know Mrs. Helmsley?" I said, "No"; he said, "Mrs. Helmsley made a terrible mess outside on Tuesday; I had to clear it up, and I threw an old brown hat in with it. "

  DAVID STERRY ,. an inspector of the N. S. P. C. C. I have known prisoner since April, 1908; he has done odd tailoring jobs for me. On November 13 I went to his shop about a coat I wanted repairing; I noticed on the floor of the shop what appeared to be sawdust. On the 16th I met prisoner in the street; I said, "Have you done my jacket?" He said, "No; I have done my b—lot in; come and have a drink; I'll tell you something that will surprise you." I declined the drink; he had been drinking but was not drunk. I have since examined the spot where the woman's body was found; it is close by where I saw the sawdust.

  SARAH E. CHAPLIN identified as having been worn by Mrs. Hume a ring found in possession of prisoner.

Police-constable JOHN SMITH, 208R. On November 16 about 7 p.m. I was (in plain clothes) in High Street, Lewisham, when I saw prisoner with his little boy in his arms; he appeared to have been drinking heavily. I considered he was not fit to take care of the child; I got someone to take the child away, and I took prisoner to the station. On the way he said, I suppose you think you have got a decent job." Later on he said several times," Look at them; they are making dumb motions at me"; there was no one in sight.

Inspector CORNELIUS GARNER. I was at Lewisham Police Station on November 16 when prisoner was brought in; he seemed strange in his manner; I sent him to the infirmary. On November 20 I went to prisoner's shop, 3, Loampit Hill. On removing the linoleum I found that three of the floor boards had been cut through, taken up, and replaced. On removing them I found lying underneath the body of the deceased woman; the head was bent back and the legs protruding

upwards; round the neck was the cord (produced), tied tightly. An old brown hat was lying beside the body. There was no ring on the woman's hand.

  JOHN H. MCARDALE , attendant at Lewisham Infirmary, said that prisoner was admitted on November 16; he was incoherent and made rambling statements; he was placed in the Mental Ward. On being searched there were found upon him the two rings produced (the woman's wedding ring and the ring spoken to by Chaplin).

Dr. ROLAND V. DONNELAN said he was called by the police to 3, Loampit Hill on November 20, and saw the body of the dead woman before it had been taken from beneath the flooring. He subsequently made a post-mortem examination; there were on each side of the neck finger marks besides the marks of the cord; the cause of death was strangulation; the woman bad been dead from six to eight days when the body was discovered.

Inspector ALBERT HAWKINS. On December 3 I saw prisoner in the Lewisham Infirmary. I told him I was a police officer and should arrest him for the wilful murder of his wife on November 15 or 16. He said, "I almost forget all about it If I had not been jealous of her it would not have happened, but I could not stand the disgrace. I knew I had done something and I was going to give myself up." At the station, on the charge being read over to him, he said, "Right, I will have to work the date up.

Dr. SCOTT, medical officer, Brixton Prison (called by the Court). During the time prisoner has been under my observation (since December 3) his conduct has been very irrational, at times violent; his sleep has been disturbed; in my opinion he has, and has had for some long time, genuine insane delusions. From my observation of the man himself, and a careful study of the statements in the case, my conclusion is that at the time of committing this crime he was insane and not responsible for his actions.

Mr. Justice Grantham, in summing up, told the jury that prisoner had been in the Army and had had sunstroke in India. At the time he committed the act he had been drinking, and alcohol was the worst thing a person who had had sunstroke could take.

The jury found the prisoner Guilty of the act, but insane at the time he committed it, and not responsible for his actions. Ordered to be detained during his Majesty's pleasure.

 

  WEISS, Henrich (21, waiter), and   WOLTZ, Roger Emile Fenelon Felix (19, waiter) pleaded guilty , of sending two letters to   Messrs. Joseph Lyons and Co. demanding, with menaces, the sum of £500.

Prisoners bore good characters, and stated in mitigation that it was only a joke.

They were released on their own recognisances in £20 each to come up for judgment if called upon.

 

  FOSTER, Walter Charles pleaded guilty , of the manslaughter of   Dorothy Jane Davis on December 26 last.

Prisoner having paid £20 to the parents of the deceased child and bearing a good character, the Court imposed three days' imprisonment from date of Session and discharged him on payment of costs of the prosecution.

 

  CATT, Leonard (20, labourer) ; an abominable crime. Verdict, Guilty.

Sentence, Five years' penal servitude.

 

  GARCIA, Lucas (33, fireman), and   WHITE, Dennis (30, ship steward) ; attempting to discharge a loaded pistol at   Alfred Young (1) with intent to murder him, (2) with intent to maim him or to do grievous bodily harm, (3) with intent to resist their lawful apprehension.

Mr. Bodkin prosecuted.

  THOMAS WOOD , coachman, 19, Daleham Mews, Hampstead. About 10.30 p.m. on December 15 I was walking in Belsize Lane, when I saw prisoners standing near a tree. As I came along they separated and walked a little way. White crossed to my side and Garcia walked on. I followed him. I watched White, who was crouching, when I suddenly found Garcia in front of me. He pointed something at me that looked like a revolver. I thought at first somebody was having a game. He said, "Put them up—put them up!" He bad a small mask on, covering half his face, through which I saw his eyes. I looked at him a littler time, and then he said, "I mean it—I mean it!" Almost at the same time there was a movement behind me and I saw White, who also had on a mask. I was terrified and instantly ran. Later on someone spoke to me, and I afterwards saw prisoners in custody. I went to the police station and charged them and gave my evidence the next day.

To White. I am sure it was Garcia who held the revolver to me. Your mask was much larger. It was not very dark—there was a lamp behind. To Garcia. The lamp was just behind you. Detective ALFRED YOUNG, S Division. About 8.30 on December 15 I was on duty near Swiss Cottage, where I saw prisoners and watched them. They were apparently loitering. I lost sight of them and got my bicycle and returned to the neighbourhood, and, after searching about, I saw them on either side of the road. I heard someone call out, and I rode behind them for about 50 yards. I heard someone say, "Hold them up!" I looked up and saw three men—one ran off in the direction of Fitz James Avenue. I pretended to examine my machine and passed them and met Police-constable Street. I told him to stop the two men coming along. I got off my machine and laid it up against the kerb. I went up to the prisoners and said, "What are you doing loitering about here?" They said, "We are not loitering about—we are strangers here." I said, "What did you stop that gentleman in Belsize Lane for?" They said, "We have not stopped anyone." I went to arrest White, when he pulled out a revolver. Before he could use it I held it down, and as we struggled he was trying to use it. I heard a click and saw a very slight flash. He said to Garcia, "Come here, you heifer?" He came towards me and I kicked him in the stomach. I took the revolver and handed it

to Police-constable Hills. Other officers came up and prisoners were secured. The flash I saw may have been the light on the nickel plate of the revolver (produced). It was loaded in five chambers. This is one of the cartridges (produced), and this envelope contains the other four out of the pistol. I found a little scratch on this one where the percussion cap is. On prisoners I found black masks—made out of kid gloves, I should say. On Garcia I found these ten cartridges, similar to the others (produced).

To White. When I arrested you you were both together and Police-constable Street in uniform. I saw you coming up the street after I came along on my bicycle. I did not lose sight of you. I did not say it was not Garcia who first had the revolver.

To Garcia. You were in my view all the time. You were walking together on the right-hand side of Belsize Lane. It was quite possible for you and White to exchange anything without my seeing it.

Police-constable FREDERICK STREET. 297 S. I was spoken to by Young on December 15, and saw prisoners coming in the direction of Belsize Lane. I crossed over and heard Young say, "I am a police officer. What are you doing here?" They replied, "Nothing; we are strangers here."" What did you stop a gentleman in Belize Lane for?" They said, "We have not stopped anyone." He said, I am not satisfied with your answers. I shall take you into custody." I then arrested Garcia and Young went to arrest White, who drew a revolver from his coat pocket, and a fearful struggle ensued. Young called out," Come here, Street. He has got a firearm." I went to his assistance and let go of Garcia. White called out, "Come here, you heifer!" and Garcia came towards Young, who put out his foot and kicked him. I blew my whistle and Police-constable Hills (667) came. Prisoners were secured and taken to the station.

To White. I was standing there when Young arrested you. There were four of us all in a heap. You were about one and a half yards from me when you took out the revolver. I did not hear a click or see a flash.

Inspector GEORGE COSGROVE, S Division. I was in charge of the station when prisoners were brought in. This revolver was loaded in five chambers. The hammer was down on a live cartridge.

Inspector GEORGE WALLACE, S Division. I unloaded the revolver. I noticed that on the cap of the cartridge under the hammer there was a scratch and a slight indentation. I have experimented by pulling the trigger. It sticks or hitches on the fifth or sixth pull. They are self-revolving chambers.

To White. I cannot say what is the cause of the scratches. The indentation, of course, is done by the trigger. The hammer would come down, but not with sufficient force to explode the cartridge. You cannot get the trigger up far enough.

  EDWIN JOHN CHURCHILL , gunmaker, 8, Agar Street, Strand. I have had a life experience of firearms. I have examined this revolver. It is in very bad working order. It would be possible to fire it. It hangs up every now and again on pulling the trigger,

and does not come down with sufficient force to explode, but would make a mark on the cartridge. That occurs about every fifth pull, otherwise there is nothing to prevent its exploding. There are some scratches on three. There is a slight scratch on this as if the chamber had been tried to be pushed round to bring under another cap, or to admit of the hammer being pulled.

By the Court. I did not fire it. It has never been fired.

(Defence.)

  DENNIS WHITE (prisoner, not on oath). I only wish to say that on the night of December 15 I had the revolver all the time, and it was not Garcia who presented it at Mr. Wood. When Young arrested me I put my hand in my pocket, and when I pulled the revolver out he got hold of my wrist, and I never presented it at him at all. There was no click or flash. Your common-sense would tell you if it flashed it would explode. When Detective Wallace tried it at the police court it went off all right, but not now. I suppose they have been pulling it about. There was no intention on my part to injure the detective, but only to get away from him. I leave it to yourselves to give me the benefit of the doubt. Garcia never had anything to do with the revolver. It was all through me that Garcia came out on this Thursday night to commit this burglary he has pleaded guilty to, and also on the night of the 18th. It is through me that he is in the dock now.

  LUCAS GARCIA (prisoner, not on oath) complained that he had not received his discharge book on being paid off from the ss. Pydla on November 24 at Southend, for which he had applied while in Brixton Prison, and that he had been with White about a week before he was arrested. Verdict, Guilty on second count.

On a further indictment, for feloniously breaking and entering the dwelling house of   Leonard George Clayton and stealing there in two overcoats, one revolver and other articles, his goods, prisoners pleaded guilty.

Previous convictions were proved against White.

Sentences, White, five years' penal servitude; Garcia, three years' penal servitude.

BEFORE THE RECORDER.

(Thursday, January 14.)

 

  MOORE, Edward (41, engineer) pleaded guilty , of breaking and entering the warehouse of   Henry John Morgan and stealing therein a quantity of millinery and other articles, his goods.

Prisoner has several times been convicted. Sentence, 18 months' hard labour.

 

  DILLNER. Walter (24, clerk) pleaded guilty , of attempting to obtain by false pretences from the   Continental Tyre and Rubber Company of Great Britain, Limited, the sum of £200, with intent to defraud; feloniously attempting to obtain from the said company the sum of £200 by means of a forged telegram, knowing the same to be forged', with intent to defraud.

Prisoner, who it a native of Leipsic, was stated to have manipulated the telegram so cleverly that even the manager of the company was deceived. The forged telegram having been put in the company's letter box had the appearance of having been delivered overnight. In the morning prisoner called for the £200, and was asked to call again at 3. In the meantime the Continental house was communicated with, and the forgery discovered. Prisoner was stated to have come to this country with an actress, who left him stranded in an hotel without money.

Sentence, Nine months' hard labour; certified for expulsion under Aliens Act.

 

  INGLIS, Jane Emily (50, nurse) pleaded guilty , of procuring a certificate of admission to the Midwives Roll by false and fraudulent certificate in writing.

This it the first prosecution under indictment since the passing of the Midwives Act of 1902, although in several cases summary proceedings have been taken. The certificate signed by Dr. Frederick March, practising at Bradford, in February, 1904, was as follows: "I certify that Jane Inglis has to my personal knowledge been in bona fide practice as a midwife since 1889, and that she is trustworthy, sober, and of good moral character." In the year 1889 Dr. March had some obstetric cases in which prisoner acted as midwife. Subsequently to 1904 complaints reached the local authority of Bradford, and as the result of investigations prisoner was struck off the roll of midwives, it appearing that in 1902 she had been tried for procuring abortion in the case of a person who had died of peritonitis and sentenced by Mr. Justice Grantham to five years', afterwards reduced to three years, penal servitude. In 1898 she was tried on a similar charge but acquitted.

The Recorder postponed sentence until next Sessions, prisoner meanwhile to remain in custody.

 

  STORER, Joseph (28, labourer) . Burglary in the dwelling-house of   Otto Beit and stealing therein one table cover, his goods.

Mr. R. S. Ellis prosecuted.

Police-constable JOHN DAVIS, 30 YC. I was in Aldford Place, Park Lane, on the night of December 14-15, and saw prisoner standing at the corner of Aldford Street. I kept him under observation about 20 minutes. Then he walked down Aldford Street about 100 yards, looked up and down for about five minutes and returned to Park Lane. I and another constable went down Aldford Street into Park Lane and having suspicions I got over the wall of No. 26, Park Lane, a house belonging to Mr. Beit and surrounded by a wall and garden. After about ten minutes I heard the sound of glass being broken and

went for assistance. Constables arrounded the place and Constable Mills got over the wall and afterwards handed prisoner over to my custody. On the way to the station he said, "There is another man in this whom I met in Edgware Road about 11 o'clock. He was a stranger to me. I have been led into this. I only went over there for a sleep, that is all. "

Police-constable FREDERICK MILLS, 56 C. I scaled the wall of No. 26 and saw prisoner in the garden about 20 yards or 30 yards in front of me. I concealed myself in the bushes and when prisoner turned and came back I tripped him up and took him into custody and handed him over to last witness. I then rang up the housekeeper and informed him of what had taken place and on making further search of the premises found a window open where entry had been made. Later I found a table cover concealed under some bushes in the garden. The cover it valued at £5 and the caretaker identified it as the properly of Mr. Beit. It was impossible for any other man to have left the premises without being seen. When I tripped prisoner up he said, "All right, do not hurt me. I only came here for a sleep. There is no one else but me. "

  GEORGE FROST , caretaker, 26, Park Lane. I locked the house up on the night of December 14. I live there with my family. The house formerly belonged to the late Mr. Alfred Beit. Mr. Otto Beit, the present owner, does not live there. At 1.20 on December 15 I was called up by the police. I found the north drawing-room window broken open. The table cover (produced) found by the police at the bottom of the garden I identify as Mr. Otto Beit's property. It was the only movable thing that could have been taken, Mr. Otto Beit having removed all the works of art, etc., to 47, Belgrave Square. There were some heavy tables which could not be moved. I found no trace of any other man. There were footmarks on one of the sofas resembling prisoner's. The house might have been taken at uninhabited, but there is a board up and at the windows silk blinds, which are drawn down at night, to that it would look like a house with the family out of town. The table cover is worth £5.

(Defence.)

  JOSEPH STORER (prisoner, on oath). I have had no occupation since I left the army ten weeks previous to the night in question. I was in the 1st Battalion Grenadier Guards nearly 12 years. I have lost my dischargee. On the night in question I saw a friend in a house in Edgware Road who was going to help me on the way to South Wales, where I hoped to get employment. While I was in there a man whom I had never seen before, but should know again, asked me to give him the price of a night's lodging. I told him I had only 9d. When we came out of the place he asked me which way I was going and we walked down Park Lane together. When we got to the house in question he said, "There is a house to let. We might find an outhouse where we could sleep," and with that ha scaled the wall. I did not like the idea and walked down the street and back

again and about 10 minutes afterwards I went over the wall. Walking round the front of the building I saw a window broken, and, looking in, found the place was furnished, whereas I had expected to see an empty house. I knew then this man had broken in and my first thought was to get him arrested. I did not know how to act at the time, and was thinking of shouting for assistance when I heard a police whistle. I went towards the policeman when he came over the wall and told him there was a man inside the house or there had been, and I wished to have him arrested because I knew very well if he was not arrested it would put me in a very funny position. I was then taken into custody. The house was not surrounded as the police say, and a man could easily have got away. I have also served for 15 months in the Derby Borough Police Force and have been all through the South African War, and I do not think I should go and make a fool of myself like that. I have always earned my living and have never been in trouble before.

Cross-examined. I left the Grenadiers in 1903 and then joined the Derby Borough Police, but as I was in ill health I left and went back to the army. I have no one here from the Derby Police Force to speak for me. I did not think it necessary. I have had no fixed abode for the last five weeks. I have been stationed in London, and know the West End pretty well, but had never heard of Mr. Alfred Beit.

Verdict, Not guilty, the Jury thinking the evidence insufficient.

The Recorder observed that he could not understand how a man only ten weeks discharged from the army, could have come to be in such a position as the accused if his character was all right. He was afraid his character was not as satisfactory as he should have liked to have seen it; the fact that he had served his country during the war had no doubt influenced the Jury in coming to their decision.

BEFORE THE COMMON SERJEANT.

(Thursday, January 14.)

 

  CROSS, Florence (16, flowermaker) pleaded guilty , of having been. entrusted with the sum of £2 18s. 4d., belonging to   Elisabeth Stevens, the sum of 14s. 7d. belonging to   Elizabeth Higgins, and the sum of 14s. 7d. belonging to   Annie Smith, to deposit in the Post Office Savings Bank, did fraudulently convert the same to her own use.

Released on recognisances of her father and herself in £10 each to come up for judgment if called upon.

 

  STEPHENS, George Edward (65, porter) pleaded guilty , of having been entrusted with one sovereign, the moneys of   Frederick Fudger, in order that he might get the sovereign changed for silver and bringing the silver back to the said   Frederick Fudger, fraudulently converting the same to his own use and benefit. Sentence, One week's hard labour.

 

  WILMER, Ernest Herbert (41, salesman) , having received certain property, to wit, £33 in money, for and on account of the employees of   Messrs. Towers and Co., Limited, fraudulently converting the said property to his own use and benefit.

Mr. Cohen Smith prosecuted.

  FREDERICK WRIGHT , storesman, Towers and Co., Limited, Paul's Pier Warf. Upper Thames Street. On January 4, 1906, a slate club was started amongst the employees of my firm called the Tower Loan and Investment Society, of which I was treasurer and the prisoner secretary. We started with 13 members. It was prisoner's duty to receive subscriptions weekly and hand the money to me. December 21, 1906, was the day fixed for paying out, when it was my duty to hand the money to prisoner. I saw prisoner in the messroom on December 19; he asked me for the money. I handed him all I had—£33. There were then 11 members. Prisoner was to pay out on December 21 at 12.30 a.m.; he did not come to work on the 20th or attend to pay out. The same morning I went to his house at 10 a.m. He was not there. I next saw him at the Mansion House in custody. Prisoner had not authority under the rules to deal otherwise with the money. According to the books, prisoner had money in his hands besides the £33.

Cross-examined. No one else was present when I paid prisoner the £33. I took no receipt. I kept the money in a bag. I had given prisoner receipts in the loan book for moneys I received and which I was liable to repay. That book is missing. Prisoner ought to have it; it was kept in prisoner's locker and signed each week by me. I last saw it in December. I held five shares, one for myself and four for my wife, of 6d. a week each. I had share book (produced), showing money paid for by me. I had a loan of £1, upon which I paid 1s. interest. My share book (produced) was kept by prisoner and is written up by him; part of the book is torn out. There is nothing entered after August 22, and there is written by prisoner, "Book cleared—amount paid out." I paid my subscriptions; the book had not been cleared. I had £1 or £2 as loan; £2 on May 23, which was paid back by me. My shares were due to me on December 21. I left everything to prisoner. I thoroughly trusted him. Prisoner did not pay all the money to me; he kept a part to make loans to members. The book missing is called the treasury loan book. I have never seen paper produced purporting to be a statement of the amounts received and paid. Book produced contains my signature to five payments. Prisoner paid me money after October; if I had the treasury book I could prove it. In May, four or five weeks before I left for my holidays, prisoner gave me £1 10s. for my loan, to which was added two weeks subscriptions of 2s. 6d. each. Book produced is not the one in which I signed for the money I received from prisoner. I had £33 during the year, which I kept locked up in my house and handed to him on December 19; it is entered in the treasury loan book. The sums paid me do not appear in book produced. Prisoner's locker watt opened by the night foreman in the presence of five other members; he forced the lock. The

first book I looked for was the treasury loan book. Prisoner was arrested on December 28.

Detective JAMES DUNNING, City. A warrant was granted on the sworn information of Wright on December 23, and I arrested prisoner in Peckham Road on December 27. I told him 1 was a police officer and held a warrant for his arrest for embezzling £44 2s. 3d. He replied, "No, it is nothing near that amount; it is something like £25." I conveyed him to Bridewell Police Station, where I read the statement to him that Wright had made. When I reached" the sum of £33" prisoner said, "Wright never handed me a penny on the 19th, and I never received any money in bulk from him. I collected 6d. per week from each of the members. I had been living a little above my means, and I thought I should make it up next week, but I got into a worse mess. Thirty-three pound in cash never existed in this club at any one time." Prisoner had no money whatever upon him. Yesterday was the first time I saw the books.

(Defence.)

  ERNEST HERBERT WILMER (prisoner, on oath). All the share books are here and they are made up including all amounts paid to Wright with the exception of the sum of £2. There were 32 shares in the club. The entire income for the year, including interest and fines, amounts to £44 2s. 3d. There were no expenses but there should be deducted from that £3 8s. 3d. in the hands of Wright. The amount Wright paid did not balance the loan he had out, making the total sum due from him £6 17s. 9d. Moreover other shares were not fully paid up. On my shares I had nothing to come. The book missing is the book of moneys received by me from Wright for the purpose of making loans to members. I used for my own purposes a certain amount of the money each week in the hope of being able to make it up and in that way appropriated £25 or £26. I never received the £33 from Wright, as stated, on December 19, which I am charged with embezzling. I admit taking £25 or £26 belonging to the club and using it myself, receiving it at various times from the commencement of the year and not accounting for it, so that my deficiency was gradually growing larger and larger. I last received money on December 12 about 30s. which I applied to my own purposes. The warrant alleges that I received £33 in cash from Wright on December 19 and that I had also in hand on that date £11 odd. That is false because there was no such money in hand. The information on which the warrant was obtained is false.

Held: Immaterial to prove tract amount received on exact date: that the indictment is sufficiently sustained if the bulk of the money was received and fraudulently appropriated by prisoner.

Verdict, Not guilty of receiving and fraudulently appropriating £33 on December 19: Guilty of receiving and appropriating 30s. on December 12; Guilty of receiving £25 (including 30s.) week by week and appropriating same.

Prisoner was proved to have been convicted at Guildhall on April 28, 1904, receiving three months' hard labour for embezzling Sentence, Four months' hard labour.

 

  LOCKETT, Jas(50, labourer). . Carnally knowing   Mary Ann Jane Lockett, a girl over the age of 13 years and under the age of 16 years, he not having reasonable cause to believe that she was of or above the age of 16 years.

Mr. W. Clarke Hall prosecuted.

It appearing on the opening that there was no corroboration of the prosecutrix's statement, at the suggestion of the Common Serjeant, no evidence was offered, and the jury returned a verdict of Not guilty.

 

  MCLOUGHLIN, Edward, otherwise Oliver Cromwell Patten (42, porter) pleaded guilty , of stealing one case and one diamond necklet, the goods of   Thomas Wordley, Limited . MCLOUGHLIN, Edward, and   PENDER, Thomas J., were indicted for stealing 23 rings, the property of   Robert Jas. Stirling.

Mr. Granger and Mr. Fletcher prosecuted; Mr. Huntly Jenkins defended Pencer.

  ARTHUR HENRY DREW . I am now assistant to Attenborough, 27, Buckingham Palace Road, pawnbroker, and was employed up to December 31, 1908, by R. J. Stirling, 61, Great Portland Street, pawnbroker. On December 18 McLoughlin came to 61, Great Portland Street and asked to see a half-hoop ring marked £21 which was in the window; it was shown to him by the assistant manager, Mr. Novelli, in my presence; prisoner asked us to put it aside for his wife to see it the next day. On the next day he came alone in the evening and said he had changed his mind about the half-hoop ring, but would like to see a marquise ring. I showed him one on a card; he did not like that, and asked to see the tray. I then showed him a tray containing 20 marquise, half-hoop, and single stone rings, value over £400. While he was looking at the tray another man came in who had left a ring a few days previously to be altered in size, and stood by McLoughlin. McLoughlin then asked to see a certain ring on the tray. I took the ring off with one hand; he then snatched the tray and ran out of the shop; he was much nearer the door than myself. Three of the rings fell on the floor and he carried off the remaining 23 rings of the value of £352. I immediately reported to the police and gave a description of McLoughlin and three other men. McLoughlin was ten minutes in the shop on the first day. December 18. Last Friday morning, January 8, 1909, I picked McLoughlin out from eight other men at the Mansion House Police Court. The other assistant went with me but could not identify him; he had not the same opportunity of seeing him as I had; he only had a side view from the end of the shop. On Monday I gave evidence against McLoughlin at Marlborough Street Police Court, when I saw the prisoner Pender in the beck of the court, apparently hearing the case, and I identified him as a man who was outside the shop and who had misdirected me; when I ran out after McLoughlin Pender got

in my way and told me McLoughlin had gone down a side street, which I ran down and failed to find him in. I had also seen Pender looking in the shop door several times in the afternoon of December 19. When I returned, not finding McLaughlin, Pender asked me if I had found him. I said, "No." He said, "What an extraordinary thing." I identify Pender now as far as it is possible to identify him; the man who was outside the shop had a moustache; Pender has none; of course I did not see very much of the man.

Cross-examined by McLoughlin. I said at the police court that, in addition to the man who had come for a ring left to be repaired, a third man had come in and stood at the door, that I had called out" Hold him," and that the third man remained, and afterwards purchased a ring for 2s., while I had run out after the man I identify as McLoughlin; that Pender had said the man ran down a side street. I did not know McLoughlin's name. (To Mr. Huntly Jenkins.) In connection with this robbery there were three men in the shop and one outside. I did not pay so much attention to the man outside as I did to McLoughlin. The man outside had a dark moustache and a hat on. When I identified Pender at the back of the court he had no hat on and no moustache.

Inspector JOSEPH SIMMONDS, D Division. On January 8 McLoughlin at the Mansion House was placed with eight other men of a similar style and build, and was at once picked out by Drew as the man who snatched the rings in the shop. Before the identification McLoughlin was asked if he had any objection to make with regard to the men he was put up with; he said "No." Drew's fellowassistant was there but was unable to identify McLoughlin. I was present at Marlborough Street Police Court on January 11 when Drew gave evidence; he made a communication to me and I stopped Pender as he was leaving the court and told him I wanted to speak to him. I afterwards told him he would be charged with being concerned with McLoughlin in stealing the rings from the prosecutor's shop. He said, "I know nothing about it. In fact, I do not know where Great Portland Street is." He said he had been a man servant, and resided at the Hope Club, Connaught Street, and that being out of employment he had come into court to hear the cases.

Cross-examined. Pender denied it from the first strenuously. He at once gave his address. The Hope Club is a reputable club for high-class servants out of employment. I have heard that Pender has been in service under Lord Dudley and in the Duke of Connaught's household.

On his Lordship's suggestion, Mr. Fletcher agreed that there was not sufficient evidence against Pender, and the jury returned a verdict of not guilty.

  THOMAS PENDER , called by McLoughlin. The first time I ever saw you was on Monday, January 11, when listening to the case.

  EDWARD MCLOUGHLIN (prisoner, not on oath) said that he was at the Mansion House on the charge to which he had pleaded guilty when Drew came into the room and identified him as the man who

on February 19 had stolen a number of rings from him. He was not guilty of the present charge.

Verdict, Guilty.

Prisoner was convicted in June, 1908, of stealing nine gold chatelaine bags, value £136, from the shop of Messrs. Sidney. He was then unknown, but was stated to have come from Liverpool. He had now given no information about the stolen property, none of which had been recovered.

Sentence, Five years' penal servitude on each indictment, to run concurrently. The Common Serjeant said that if prisoner thought fit to assist in the recovery of the stolen property by giving information to the police, it would be taken into consideration by the Home Secretary. He also ordered that the £16 found on the prisoner be handed over to Mr. String. Also that the prisoner be ordered under the Act (8 Edw. VII., c. 15) to pay the costs of the prosecution, and (so far as the Statute gave power) that he be further imprisoned until the costs were paid.

BEFORE JUDGE LUMLEY SMITH.

(Thursday, January 14.)

 

  BOWLES, Roger (42, clerk) pleaded guilty , to an indictment of 16 counts for embezzlement and falsification of accounts as a clerk and servant, and to an indictment of 13 counts for the fraudulent misappropriation under the Act of 1901 of 13 sums of money, all the property of   Alexander Joseph, his master. Sentence, Two years' hard labour.

 

  WHEATLEY, William John (14) pleaded guilty , of attempting to carnally know   Winifred Alexandra Amy Cole, a girl of the age of seven years, and of indecently assaulting   Edith James and   Winifred Alexandra Amy Cole.

On his father's promising to give him a good birching, prisoner was released on his own recognisances in £5 to come up for judgment if called upon.

 

  BEECHAM, Harold (15) pleaded guilty , of attempting to carnally know   Charlotte Henrietta Nelms, a girl of the age of six years.

On his father's promising to give him a good birching, prisoner was released on his own recognisances in £5 to come up for judgment if called upon.

 

  MAIR, Barnet William (27, agent) ; stealing from a post-office letter-box two postcards, and feloniously receiving the same.

  CLARA LINSTROM , housemaid, 16, Marchwood Crescent, Ealing. On the night of November 25 I posted the two postcards (produced) addressed to a friend in Denmark. They are still stamped, but are not postmarked. I next saw them in possession of the police at Marlborough Street.

Chief Inspector ELIAS BARR, New Scotland Yard. On December 8, at prisoner's lodgings, 53, Gloucester Crescent, I searched his luggage and found in a trunk this "sticky pad" (produced), used for withdrawing letters from letter-boxes. The postcards produced I found in the same trunk. It is evident that the pad has come in contact with the cards.

Mrs. FLORENCE GRANTHAM, 53, Gloucester Crescent, London, identified as prisoner's the trunk mentioned by the last witness.

Verdict, Guilty of stealing.

 

  MAIR, Barnet William, and   NAPIER, Stanley Arthur (22, artist) ; obtaining by false pretences from   Parr's Bank, Limited, the sum of £370, with intent to defraud, and unlawfully receiving the same, knowing it to have been obtained by false pretences.

Mair pleaded not guilty. Napier pleaded guilty of receiving; the other charge against him was not proceeded with.

  PERCY FREDERICK NICHOLS , cashier at Parr's Bank, 9 and 10, St. Martins Place. On November 5 last I cashed a cheque dated November 4, for £370, purporting to be signed by Wood and Co. I paid bearer £300 in notes and £70 in gold. I produce an Exhibit showing the numbers of the notes.

  WALTER ASHFORD , partner in the firm of Wood and Co., commission agents, 4, Adam Street, Adelphi. On November 12 I found that four cheques were missing from near the end of my firm's chequebook (produced), still in use, and that two cancelled cheques, returned from the bank, were also missing. These cheques were drawn in my handwriting and signed by my partner, Mr. Wilde. They would serve the purposes of a forger. This cheque (produced) is not in my handwriting, but in a very fair imitation of it; and the signature is a good copy of Mr. Wilde's. A fair number of people have access to the desk in which the cheque-book is kept.

  HERBERT WILDE , partner of the last witness. I did not sign the cheque (produced), nor authorise anyone to sign it.

  HENRY DAVIS , assistant to the Messrs. Brabbington, jewellers, 298, Pentonville Road. At 2.15 on November 5, two persons arrived in a taxicab at my employers' shop, and entered. Prisoner Mair was one. the other was a prisoner I saw subsequently at Marlborough Street Police Court. I picked them out from a number of others. Having entered my shop, the men asked to see some sleeve-links. They bought these (produced), one pair for 27s., and another for 42s.—one pair for each. This three-stone diamond ring I sold for £50 to prisoner, who paid for it in £10 and £5 banknotes, the former dated September 17, 1907, and the latter November, 1907.

  FRANK BULL , assistant to the Messrs. Brabbington. I remember seeing the previous witness serving the prisoner and another man on November 5. They paid him in notes, which on the same evening I collected from his till and used in part payment of £79 odd to a dealer named Philip Corre?, for jewellery sold and delivered.

  PHILIP CORRE , dealer in jewellery, 42, Bushy Hill Road, Peckham Road. On November 5 last I received from the Messrs. Brabbington

about £75 in notes, which I lodged next morning with the London and County Bank, Camberwell Green.

  GEORGE RICHARD LANGLEY , manager of the Camberwell Green branch of the London and County Bank. On November 6 Mr. Philip Corre paid in to his account certain notes. The numbers of these produced agree with the numbers of those paid in. He lodged other notes besides these. In due course all the notes would be sent to my head office, and paid into the Bank of England on the following day.

  CHARLES JOHN WILLIAM produced certain note received on November 7 from the London and County Bank.

Detective-sergeant ALBERT BURTON, New Scotland Yard. I arrested prisoner Mair and found on him the ring, Exhibit 32, a plain pair of links, Exhibit 30, and a pawnticket, Exhibit 39, for another pair of links, pledged at Attenborough's, Brighton, on December 7.

Verdict, Guilty of receiving.

Mair confessed to having been convicted of felony on April 22, 1907, in the name of Herbert Random. Napier confessed to having been convicted of felony on May 25, 1907, in the name of Cecil Ernest Swanham.

 

  MAIR, Barnet William, and   NAPIER, Stanley Arthur , were further charged with forging and uttering a request for the delivery of a cheque book by the   London and County Banking Company, and a cheque for £680, purporting to be drawn on the same bank by   Thomas Vernon Fox; also with obtaining the said sum by false pretences and with receiving it knowing it to have been so obtained.

Both prisoners pleaded not guilty of forging and uttering the request for a cheque book. Mair pleaded not guilty of forging the cheque for £680, and Napier guilty of uttering. Both pleaded guilty of receiving the said sum knowing it to have been obtained by false pretences. The pleas were accepted.

Sentence, Each prisoner to Five years' penal servitude on each indictment; sentences to run concurrently.

Orders for restitution made, subject to an affidavit by an official of the London and County Bank.

 

  WEBB, Samuel (29, window cleaner) , attempting to carnally know   Eliza Emily Groom, a girl of the age of six years, and on a second account with indecent assault.

Verdict, Guilty of indecent assault. The police evidence showed, several convictions for offences of the same kind. Sentence, Two years' hard labour.

BEFORE MR. JUSTICE GRANTHAM.

(Friday, January 15.)

 

  MAWBY, Tom Edward, was indicted for and charged on the coroner's inquisition with the manslaughter of   Charles Peter Steward.

Mr. Muir, Mr. Leycester, Mr. Ingleby Oddie, and Mr. S. Packer prosecuted; Mr. George Elliott defended.

After the opening of the case by Mr. Oddie and reading the depositions, Mr. Justice Grantham said that he could see no case of culpable negligence to go before the jury, upon which the prosecution withdrew the charge, and a verdict of Not guilty was entered.

 

  PATEY, William (49, manufacturer) , feloniously sending to   Samuel Patey and   Henry William Patey knowing the contents thereof a letter threatening to kill and murder them.

Mr. Harvey, who appeared for prisoner, intimated that he would plead guilty to sending the letter, but he denied that he had any intention of doing the prosecutors any harm.

Mr. George Elliott, for the prosecutors, Mr. Henry William Patey and Mr. Samuel Patey, said that they were solicitors, and the prisoner was a relative of theirs. They had no vindictive feeling against him, and their object in taking the proceedings was merely to secure their personal safety, and also in the interests of the prisoner to restrain him from doing anything which might be to his own detriment. Prisoner had conceived the idea that relatives had prevented him receiving some money which otherwise would have come to him. Counsel desired in the strongest possible way to protest against any suggestion that the prosecutors had been parties to any conduct prejudicial to the prisoner.

Mr. Harvey having addressed the court on behalf of the prisoner, Mr. Justice Grantham allowed the prisoner to be released at once on his entering into his own recognisances in £100 to keep the peace and to come up for judgment if called upon.

 

  FLETCHER, Frank Herbert (42, painter) , feloniously wounding   Charlotte Rowe with intent to murder her; second count, with intent to do her grievous bodily harm.

Mr. Ernest Wetton prosecuted.

  CHARLOTTE ROWE. I have lived with prisoner for 17 years and have known him from a boy. I have had six children by him. On December 5 we were living at 350, Lillie Road, in two rooms. We had notice to quit. He was out of work, but did odd jobs. I have not worked recently, but have all my life. He would bring me home some days 1s. 6d., sometimes 5d. and sometimes 2s. Prisoner came home on December 5 about 7.30. He said, "You have moved the things, I see." I said "Yes." He said, "Very well; you had better make haste and clear the lot now." He did not think I had any occasion to clear away the beds; but I said I was compelled to clear them, so I cleared them. My little boy took out the last thing Prisoner said, "You and I will be in the room together and we will go to the coroner's court together," and he threatened me with a knife. He stopped my going out of the door, so I got out of the window on to a flat and into the next yard and in the streets and escaped. I went to Adney Road to Mrs. Bradshaw's, who took in my few things and three of the children. That was on Saturday night On Sunday prisoner sent me a note. He had taken the other children

to his brother. I don't know where prisoner went. The note said, "I have been here for the second time to speak to you, and now have sent you this note. If you don't come out I shall come in. I shall be waiting for an answer.—Mrs. Fletcher, care of Mrs. Bradshaw, 35, Adney Road." I went out to him. He said I was having a nice game with him, and we were all working together against him, and he had a good mind to strangle me as I stood in the street. I told him I was going to get a fur to put on my neck. I made that excuse, and with that I ran away from him to his brolher's, 5, Link-lane Grove. I had my little girl with me. He told her to go home. He said whenever he wanted to speak to me I had my son or my daughter with me. We went away together. I did not see him again till the following Thursday, when he came to his brother's and asked for me. I said, "I can't see him," so they told him I was not there. He demanded my 'baby and took it away. It will be three in May. I went out afterwards and met him with the baby. He was sitting on the coping peeling an apple for the baby. As he came to meet me I saw the knife in his hand and drew back. I told him to put the knife in his pocket. He said, "If you are frightened you had better go on with Sarah, who has gone to Mrs. Bradshaw's." I went there and came out again with his sister-in-law. I then asked him to let me have the baby. He said he would not, and was going to take it into lodgings. I said, "Let me kiss her." He said I could not touch her. I said I would, and he took the child away and came back again, and said I should have it on condition that I met him the next morning. I promised I would, with the child, and he gave it back to me. I was to meet him in the Broadway, Hammersmith, at 8.30. I got there at 8.35. He was not there, but I saw him at the corner of Humbolt Road, Fulham, a quarter of an hour's walk on. I had taken my baby into Mrs. Bradsharw's. We had a few words, and he asked me to have a drink with him. I said I did not want drink, but if he had any money would he give it me for my children. He said, "No; come and have a drink," and I went to the" Halfway "house to satisfy him. I had a glass of shandy ale (ale and ginger beer), and he had a glass of ale. We came out and had a few words. He asked me what I was going to do. I said I wanted to get home to my children, and had he any money. He said all he had got was twopence. He asked me what I intended to do. I said, "I don't want to live with you no more. I am going to get home to my children." He said, "Wherever you go I go. You have given me the slip twice before, but you don't do it to-day." I said I could not go to a place with the children—no one would let me a place with him hanging round me the worse for dunk. He wanted to get me towards Hammersmith. I said, "I am not going that way." Then I walked across the road and he stumbled, as he crossed by the off-licence house, against the kerb and I went over the opposite side. He then pushed me, and said, "You want to see me over there," pointing towards the Jubilee Police Station, I said, "Indeed, I don't," and I turned to go away and then felt the knife in my neck (large pocket-knife produced). He had said I should never live with another. I said I did

not wish to. He had been drinking rum, I think. I walked towards the kerb, when he gave me another dig in the neck. I said, "Oh, my God! You have cut my throat." This is his knife. I did not see it then. It if the same knife with which he threatened me on December 5. I ran into the off-licence house and the person there told me to go out and I ran into a little furniture shop on the opposite side. I think be followed me, but what took place I can't tell you. A policeman came, and I was taken to the West London Hospital, where I remained a fortnight.

To Prisoner. I can't say that you were ever a lazy man. You looked after some property for two or three years. Through the summer work was very slack. You were willing to work when you could get it. You knew the furniture was going. I said I would get what I could for the sofa, but it would not be much as it was broken. I mended the small things on Sunday. You had been working on odd jobs that week and brought me home a shilling. I did not say, "You can do the beet you can." I said, "No doubt you can find a lodging somewhere." I offered you 6d. and you refused to take it. You took your knife and said, "I have a good mind to put this across your throat." That was when I got out of the window. You told me to go to the workhouse. I said, "You can go, but I shall not go there with my children, and you can do the best you can. It was not the first or second time I told you to leave me throught the dreadful way you carried on with the drink. It is not the first time I have had my home sold up through your drink. When you met me at Lillie Road on Friday morning you had had a lot of drink, and I said, "You are drunk." I was five minutes late. You said if I had met you you would have been at work instead of drunk. You called for a glass of ale and a glass of shandy for me. I said, "Don't you have spirits, or I am going out." You said, "No, I will have a glass of ale." When you stumbled, you stumbled by the off-license house on the opposite side. We crossed over, and you caught me by the coat and said, "Come this way." I said, "No," and we crossed over, and you said, "Where are you going now?" I said, "I don't know; you want me to go there," and with that you pushed me with your four fingers. I said, "I don't want to go there," and I turned and moved away, and you put the knife in my neck. You had no apple in your hand. I saw you put your hand in your pocket. I did not see the knife till I felt it in my neck. Then you came across to me and gave me a second dig, and then you came over to me on the off-license side and the policeman, came and took you.

  JOANNAH FERGUSSON , 273, Lillie Road, Fulham. I am the wife of Charles Fergusson. I saw prisoner on the morning of December 11 with Charlotte Rowe, whom I believed to be his wife. They were at the corner of Humbolt Road. I was in my shop (secondhand furniture). They seemed to be having a few words, and then, crossed over and went the other way down, and came to the corner and stood outside Humbolt Mansions. He seemed to be talking to her and touching her with his left hand, and he pushed her brick and struck her with his right hand. I did not see the knife until he came opposite

my door. When the woman got away from him the ran over to the Hambolt Road to Mrs. Fielder, and Mrs. Fielder said, "For God's sake, woman, go away; you can't come in here," and she came over to me and said, "Do let me come in; he will kill me." I said, "yes, poor woman, come in. I will let you come in," and I led her into the back room of my shop. Her throat was cut and bleeding. When I took her in I said, "Stay there." and she said, "Don't let him come in," and I said, "No, he shall not harm you here," and I went and got the poker. He did not try to come in because I had the poker in my hand. He till stood there. There was a lot of people standing by, and I called for assistance, but nobody would come. I stood on the step with the poker in my hand till the policeman came. When he came up I went in and attended, with the constable, to the poor woman. She was bleeding dreadfully. She must have bled to death if it had not been for the constable. She was then taken to the West London Hospital. Prisoner did not appear to be drunk.

  AGNES FIELDER , 284, Lillie Road, Fulham. I keep the off-license house. I first saw prisoner on December 11 with the woman. They passed several times. I was shaking a duster at the door and I stopped and watched them, and they stood at the corner of the shop. They did not seem to be quarrelling particularly. I heard prisoner say, "What are you going to do?" She said, "I don't care what I do. I will stay here if you like." Then they turned round the corner of the shop and back to the corner of the Brecon Road and across to Humbolt Mansions. Then I saw a struggle, and he stopped her about four yards from the shop. He then stabbed her with a knife. I only saw him stab her once and then I fainted. She came across. I could not have her in there, as I was alone at the time. He had a knife in his hand when he came across to her.

Police-constable CLARKE, 319 T. I was on duty at the time and place in question when I saw a crowd of people, and someone shouted, "Make haste, policeman, there is a man cutting a woman's head off." On arriving outside the shop I saw prisoner standing on the kerb, and asked him what he had been doing. He said, "I am sorry for what I have done. I am heart-sick." I did not see the injured woman. Another constable attended to her. I took prisoner into custody. He was sober.

To Prisoner. When you got to the station you were chewing tobacco, and each time you wanted to go out to the back I was instructed to take you out. I did not see a knife on you when I arrested, you, but I found it in the left-hand pocket of your overcoat. It was smeared with blood. This is the knife. Both your hands were smeared with blood, and you wiped them with your handkerchief.

  WILLIAM HERBERT SUTTON , M. R. C. S., house-surgeon at the West London Hospital. I was in charge on December 11 when the woman was brought there at about 11.30 a.m. I first saw her in the outpatients' department with her neck tightly bandaged, which I did not interfere with in case of further hæmorrhage. She was taken up to the operating theatre and the bandages removed. I do not remember whether the constable bandaged it; it was very well done. As soon as

I took off the bandages there was a very free veinous hæmorrhage from fair-sized veins, and those had to be secured and the hæmorrhage stopped. It was a large incised wound on the left side of the neck of Y shape. The main limb of the Y ran transversely across left of the neck down to the other two limbs of the Y, which ran upwards on to the side of the face, so that really there was one big wound going across like that and another like that. (Describing.) I should say two wounds were inflicted. Those were the only wounds I saw; they would be consistent with the woman being stabbed twice. If she had not had treatment immediately I think she would have bled to death. They were serious wounds from the point of view of hæmorrhage. Fair-sized veins were opened up. I think the knife produced could have produced the wounds. She was in hospital from December 11 till December 29. I think she has quite recovered.

To Prisoner. I do not think the wound could have been caused by your falling against her with a knife in your hand while peeling an apple. On the whole, reviewing the nature of the wounds, I do not think it could have been an accidental stab.

Prisoner, in defence, repeated in substance from the dock the story indicated by his cross-examination of the woman, and stated that the stab was caused by stumbling against the woman while he had the knife in his hand peeling the apple. Verdict, Guilty on the second count.

Inspector RICHARD NURSEY. For the last eight months prisoner has done very little work. He has been employed doing odd jobs; previous to that, for about two years, he was looking alter some small property to keep in repair, and on account of his drinking habits he lost his employment. The woman regularly used to go out to work and her daughter, aged 15, who lived at home to look after the youngest child, had to complain to her mother of prisoner's indecent conduct towards her. The mother then left her work and would not go out. His drinking habits have led up to this trouble. He has been convicted of stealing. In 1890 he was discharged from the army after a service of about seven years, and his conduct was good. Sentence, Five years' penal servitude.

 

  BANFIELD, Charles (24, bookbinder), and   SANDERSON, Arthur (25, tinsmith) , committing an unnatural offence on   Henry Parker.

Mr. Muir, Mr. Graham-Campbell, Mr. Inglesby Oddie and Mr. A S. Carr prosecuted; Mr. Warburton defended Banfield. Mr. C. D. H. Black defended Sanderson.

Verdict, Not guilty.

BEFORE THE RECORDER.

Friday, January 15.)

 

  BURKETT, Arthur Frederick (27, clerk), and   DERING, Hugh Weston (48, inventor) pleaded guilty , of conspiring together by false pretences on divers dates between May 1 and November 20, 1908, to obtain from the   London and County Banking Company, Limited, divers large sums of money, with intent to defraud; of conspiring and agreeing together that the said Arthur Frederick Burkett, being a clerk to the said company, should, with intent to defraud, destroy, alter and falsify divers books, valuable securities and accounts which belonged to and were in possession of the said company, and should with intent to defraud make divers false entries in and omit divers material particulars from such books and accounts; that Burkett did with intent to defraud omit from a certain book called a ledger belonging to the said company the following material particulars, to wit, from the debtor side of the account of   Ernest Albert Hill; on July 20, 1908, £200; August 7, 1908, £200: September 4, 1908, £200; October 16, 1908, £200; that the said Hugh Weston Dering with intent to defraud, did aid, abet and procure the said Arthur Frederick Burkett to commit the said offence; that the said Arthur Frederick Burkett, with intent to defraud, did destroy certain valuable securities belonging to the said company, to wit, four banker's cheques for £200 each, and that the said Hugh Weston Dering, with intent to defraud, did aid, abet and procure the said Arthur Frederick Burkett to commit the said misdemeanours; that Burkett, being a clerk to the said company, did, with intent to defraud, alter and make certain false entries in books called check-ledger books, belonging to and in possession of his said masters, to wit, on July 20, 1908, August 7, 1908, September 4, 1908, October 16, 1908, October 28, 1908; and that both by false pretences obtained from the said company and the   Union of London and Smiths Bank, Limited, certain money, to wit, on July 21, 1908, £180; August 8, 1908, £180; September 5, 1908, £182; October 17, 1908, £190, in each case with intent to defraud.

Burkett entered the service of the London and County Bank in January, 1899, and served in a number of different branches, his conduct being extremely satisfactory. In 1904 he came to the Oxford Street branch, and at the time of his' suspension in November last, was earning a salary of £150 as ledger clerk. Dering, whose real name is   Hugh Hill, had an account with the bank for some years, at first in the name of   James Simpson, and latterly in the name of Dering. Burkett was in charge of the group of ledgers beginning with D, and in May or June last year, a series of irregularities was committed in Dering's account by delaying the making of debit entries, the effect being to show that the account was in credit when really it was not. On July 18, Burkett was transferred to another group of ledgers and had no longer control of Dering's account, and to meet that state of things on account was opened in the name of Ernest Albert Hill, Dering's brother, with a cheque for £50 drawn by prisoner Dering on his Chancery Lane account, which was in the name of Simpson. That money was really the money of the London and County Bank, as Simpson's account on the Chancery Lane Bank was kept in credit by means of the delay in entering debits. Hill then proceeded to draw the four cheques for sums of £200 each, which were paid to the credit

of Simpson in Chancery Lane. The cheques having been examined as to the genuineness of the signatures would be passed to the person having control of that particular group of ledgers. Burkett stole the cheques and destroyed them, so that from the time that they were entered upon the sheets and in the books kept for the purpose, they disappeared. That they were destroyed with Dering's knowledge appeared from the statement be made to the inspector when arrested. The fraud was discovered through some carelessness on the part of Burkett in reference to another account Burkett was said to have been led into the matter by Dering, and to have received only £65. Sentences: Burkett, 15 months' hard labour; Dering (against whom there are two previous convictions), three years' penal servitude.

 

  HARRIS, Edward (commercial traveller), and   NATHAN, Nathaniel (bookmaker's clerk). Harris conspiring and agreeing together with a man whose name is unknown by false pretences to defraud such of his Majesty's liege subjects who might be persuaded to deal with them in the purchase of horns; Harris conspiring and agreeing with a man whose name is unknown to obtain by false pretences from   Rose Brennan the sum of £5, from Pearl Keener the sum of £6, and from   Herbert Sparrow the sum of £2 and one gold ring, in each case with intent to defraud; Harris obtaining by false pretences from   Rose Brennan the sum of £5, from Pearl Kesner the sum of £6, and from   Herbert Sparrow the turn of £2, in each case with intent to defraud; both conspiring and agreeing together by false pretences to defraud such of his Majesty's liege subjects who might be persuaded to deal with them; both conspiring and agreeing together to obtain by false pretences from   Ethel Mason the sum of £6, from   Alice Catlin the sum of £3, from   Charles Smith the sum of £4, and from   Elizabeth Saint the sum of £2, in each case with intent to defraud; both obtaining by false pretences from   Ethel Mason the sum of £6, and from   Alice Catlin the sum of £3, in each case with intent to defraud; both attempting to obtain by false pretences from Elizabeth Saint the sum of £2 with intent to defraud. The false pretence alleged in the case is known as the "Buffalo horn trick," and consists in representing as rare and curious the horns of common oxen slaughtered for food.

Mr. Bodkin, Mr. Leycester. and Mr. H. B. Roome appeared for the prosecution; Mr. L. S. Green defended Harris; Mr. Martin O'Connor defended Nathan.

  ETHEL MASON , wife of John Mason, 53, Hamilton Street, Deptford, newsagent and confectioner. On May 12 prisoner Harris came into the shop and asked me if I could direct him to the whereabouts of a retired sea captain of the name of Bowman, to whom he wished to present a costly present he had brought from abroad that morning in return for a kindness the captain had done him some years ago. Harris added that he had promised the captain that if ever he came to England he would give him something for what he had done for him. I told him I was sorry I did not know anyone of that name He then pulled out a handful of money, gold, silver and copper, and

said he would pay me for my trouble. I told him I did not wish for anything, and I was sorry I could not tell him where his friend lived. I also asked him if he had been to the post office or tried to find the name in the directory. He then called in Nathan, and asked for a drink and I got him a bottle of ginger ale. Nathan brought in a parcel done up in canvas. Harris went outside under the pretence of going to the post office to find out where this Captain Bowman lived. While he was away Nathan undid the packet and displayed the three pairs of horns produced. He said they were beautiful things and cost a lot of money and it would be a pity to have them cut up to make combs. Harris, he said, could not take them away again if he could not find his friend, as it would cost too much. Harris, when he came back said that his friend, the retired sea captain, had gone back to America because this climate aid not agree with him. He fell on his knees and cried that his heart was breaking. He then asked, "Was I a kind, Christian lady, and would I be so kind as to take them?" I did not say I was a kind, Christian lady, but I said I would like to do a kindness to anybody. Harris said he had paid half a crown that morning for the canvas the horns were tied up in. He also said it had cost him so much to bring them and it would cost him as much to take them back, and he would rather leave them with me for the sum of £6 for a present. He said the horns were worth £50, and that in a few years' time they would be even more valuable. Nathan then chimed in and said that a Jaw had offered £12 that morning. Harris replied, "No, my man, if you mention that man's name again I shall discharge you. I will not pay you the five shillings I promised you and your dinner." He seemed to be angry with Nathan and said that a Jew a few years ago had sold him what was supposed to be a gold watch, and when he was going to give this watch to a friend as a present the friend laughed at him and said it was only brass. He then asked me if I knew where there was in Deptford a place where they made combs. I said I was sorry I could not tell him. He said he would rather have them made into combs than that the Jew should have them. While the conversation was going on my brother Arthur Palmer, who lives in Peckham, came in. He said the horns looked worth the £6, and I should not be doing any harm in letting the money go. Nathan whispered to me that if I would be kind enough to let Harris have the money he could get back to his ship that afternoon, and he (Nathan) would in the evening bring the Jew who had offered him £12 in the morning. I said if I could get my £6 back that was what I wanted. It was my husband's money, who was out at the time. I fully believed the story about the horns. When I gave Harris the money he said, "Are you sure it is good English money," and I said, yes, I was sure of it. He spoke in broken English, and I made sure he was a foreigner. He said he had employed Kaffir boys to kill the animals for him, how many I could not say, and he bad paid a large sum of money to have the horns prepared. The animals, he said, were quickly dying out and becoming extinct. Nathan never brought the Jew who he said had offered £12 for the horns. My husband, when he came home in the evening, went

"to the police court and a warrant was issued on Friday, May 15. The next time I saw prisoners was on October 19 at Enfield Town, where they were in custody at the police station. I picked them out from seven or eight other men. I have no doubt about them being the men. Nathan said he had been hired to carry the parcel by Harris when the latter came off the ship, and he was to have five shillings and his dinner.

Cross-examined by Mr. Green. My brother examined the horns. I fully believed that they were very valuable. My brother advised me to pay the £6.

To Mr. O'Connor. I picked out Harris without any hesitation and afterwards picked out Nathan. Nathan, on May 12, was dressed in a black felt hat and dark overcoat and seemed to have two or three days' growth of hair on his face, or it may have been a week's. Harris told me never to part with the horns. The largest pair, he said, represented the father, the second site the mother, and the smallest site the baby.

  ARTHUR PALMER , tobacconists' assistant, 280 Old Kent Road, gave corroborative evidence as to the conversation and the purchase of the horns.

  ELIZABETH SAINT , wife of John Saint, confectioner, High Road Freezywater, Waltham Cross. On Thursday, October 15, about half past 12, prisoners came to the shop. Harris came in first and asked me if I could tell him where a Mr. Bowman lived, a sea-going captain I told him I did not know any such person and referred him to the Post Office. He said he had brought some buffalo horns as a present from South America for Captain Bowman and his lady, who had nursed him through sickness there. Nathan then said that a Jew had that morning offered Harris £11 for the horns, but Harris would not take the money because the man was a Jew and the Jews were bad people, and he was very much against them because a Jew had once sold him a watch as gold which turned out to be brass. Harris went out to the post office to see if he could find Captain Bowman. When he returned, after having also consulted the directory, he said that Captain Bowman had resided at Waltham Cross, but had gone back abroad because the climate did not agree with him. Harris seemed to be in considerable trouble. He went down on his knees and made the sign of the cross and said he would swear by the Blessed Virgin that he was a Christian. He said to me, "Are you a Christian lady" and I said, "I believe so." I said to him," I cannot help you in any way; you will have to take them back again." He said he could not take them back as he would have to pay duty for them at every port. I told him there was a public house opposite and he might get rid of them there. He said it had cost him £35 to get the animals captured, but as I was a kind Christian lady he would let me have them for £2. I told him I had not the money to spare as I had a big tobacco bill to meet that afternoon. Then Nathan asked could I get the money, and I said I could not. He said, "You have a bank, have not you" I said I had, but I could not get the money in five minutes. Nathan then said, "If you can only get the money I will bring the Jew that

offered me £11 this morning." Harris was there all the time. Nathan also said, "See what you will be making out of it." They undid the parcel and showed me the horns, which they said were buffalo horns and that the animals were nearly extinct. Harris seemed in great distress, and tears came into his eyes. He kissed my hand in the shop, as I was a kind, Christian lady. I did not object, as I did not know he was going to do it. He offered me 1s. for my trouble. I, of course, said I did not want anything.

To Mr. Green. I was not particularly anxious to purchase the horns. Sometimes I thought the tale was correct and then that there was a doubt in the case. Harris offered to take part of the money in stock. I am sure he mentioned the word "buffalo. "

  JOHN L. C. SMITH , shoemaker, Waltham Abbey, about one minute's walk from the shop of the last witness, detailed particulars of a similar visit made by prisoners on October 15. Harris, in broken English inquired for a Mr. Balsmans, and then followed the details of the alleged nursing and the valuable present from abroad. Being unable to get information of his supposed friend, Harris said, "My heart is brake; my heart is brake, because I do not find my friend," and, as in the previous case, went on his knees and swore by the Virgin. He offered the horns for sale for £4. Witness identified prisoners at Greenwich on December 1 without difficulty.

  ALICE CATLING , wife of William Herbert Catling, of the "Volunteer" beerhouse, Enfield Wash, identified prisoners as having called upon her on October 15 offering these horns for sale, which Harris said were worth £25 or £30. Harris asked if there was any place in the neighbourhood to which he could take them to have them cut up for knife handles. He offered the horns for sale for £4, but witness found she had only £3, which Harris snatched out of her hand, saying, "Thatwill do; that will do." Harris asked her to wish him a safe voyage and kissed her hand before she could prevent him. Some time afterwards prisoners were brought back by the detective-sergeant. Witness was in the private room, and Harris came in saying, "Where are you, lady?" She went into the bar, and Harris gave her back the three sovereigns, saying, "You are satisfied, are not you?" Witness replied, "I was satisfied when I bought them, because you represented them to be valuable horns brought from foreign parts." Prisoners were taken before the magistrates at Enfield, where she gave evidence. They were discharged, and afterwards arrested on a warrant, and witness gave evidence at Greenwich.

Detective-sergeant THOMAS HOWARD, N Division. On October 15 I saw prisoners in Sun Street, Waltham Abbey, at half-past 10 o'clock in the morning. Nathan was carrying a large package done up in canvas and tied with string. I saw them enter a small boot-repairing shop (Smith's). In company with Sergeant Wren, I followed them to Enfield Wash. Where they entered several other shops. I made inquiry at the shops they visited—five altogether. The last place they visited was the "British Volunteer." After they came out I went up to them and stopped them. I told them we were police officers and suspected them of having committed fraud in connection

with this buffalo horn business and asked them to come back with us. Harris said, "We have committed no fraud. We have to the the tale' to get a living. Harris could speak English properly and I should not have mistaken him for a foreigner. I said to Nathan, "What ship do you Crime off?" He said, "None. I have only done what I was told to do." I told them we had been watching them and they had been" telling the tale" about these horns in various places. Then we went back to the beerhouse. Nathan also said. "I know nothing about it. He was going to give me 10s. to carry them for him." When we got to the beerhouse Harris called out, "Lady, lady, where is the lady?" Mrs. Catling came forward into the bar, and as she did so Harris thrust three sovereigns into her hand, winking at her, and nodding his head. He said." You were satisfied, lady, were you not!" Mrs. Catling said, "Yes, I was, because I believed what you told me—that they were valuable and had come from abroad, but I am not satisfied new, because I have found out that they are no good." They were afterwards charged at the Enfield Petty Sessions. A receipt for the purchase of the horns for £2 7s. 6d., dated September 28, was produced by prisoners, and they were discharged. This warrant in Mrs. Mason's case was then executed.

Detective-sergeant FRANK BEAVIS. On October 19 I saw prisoners detained at Enfield Police Station. After they had been put up for identification I told them I had a warrant for their arrest. Harris said, "I shall fight the case on its merits. I have to sell my goods and I have to put in polish on when 'telling the tale,' but I do not do it with intent to defraud." They were asked by another officer whether they were satisfied with the identification, and they said yes. Nathan said he had only been working with Harris about three weeks, and that he would be able to prove that Mrs. Mason had made a mistake.

To the Recorder. Harris was boom in Stepney. I have no reason to believe he is a Roman Catholic. I have reason to believe he is a.

Cross-examined by Mr. Green. With reference to the bill for £2 7s. 6d. found on Harris, I called upon Mr. Gore, who said that was the actual price paid to him for a set of horns. Gore said he had obtained the horns from a Mr. Wilson, of 35, Jewry Street, Aldgate. Each pair of horns, according to Mr. Wilson, cost five shillings in the raw state, and £2. 7s. 6d. was a fair price for them when they were polished and mounted. A lot came from the Cape, a lot from South America, and some from the Stages, but they were not buffalo horns.

To Mr. O'Connor. Harris denied that Nathan was the man who was with him on May 12, and Nathan said the same. Nathan is well known in the district he lives in.

The Recorder. What is his occupation? Witness. He makes a book on the course. When he does not do that he makes a book in the streets.

Re-examined. Wilson has a sort of curio shop in Jewry Street, and Gore, who is supposed to dress the horns, has an underground cellar only.

  MARTIN HOLLAND , 52, Red Lion Street, horn polisher and mounter. I have been engaged in this business for 20 years. The pair of mounted horns produced to me are ox horns and worth about 16s. in their present state. I should say that they come from South America. Some fo the horns come over on the animals and some are imported by shiploads for sale. In a raw state I should think they are worth about a shilling a pair. The most I should give for either of the three sets is 15s. 6d. in their present condition. If retailing them I should want a bit more, 25s. or 30s. a pair. If they were real buffalo horns they would be worth at least three times the money.

Cross-examined by Mr. Green. I am a journeyman. Looking at the largest pair I should say they were the horns of a Texas steer; the second pair may be South American or from the Cape; the third pair, Cape or American. Looking at the horn itself it is difficult to say what part of the world it comes from unless I saw the marks on the parcel. Without marks no one could tell even by examination. I have never brought any in the raw state, but they can be bought at the glue boilers in Bermondsey, wholesale. I should be surprised to hear that the wholesale price of the large horns is 5s. a pair. In the raw state they have to be scraped and filed, pumiced, papered, polished and afterwards mounted. To finish a pair would take me three days. With a lathe I could do the finishing in two days. 17s. 6d. would be a fair rate of pay for the three days' work. In offering 15s. I should not be losing much, as that would be under the actual cost of production, but a good deal would depend upon the class of work. The material resembling skin put between the horns when mounting is called Iceland frieze, or caracul. Imitation caracul such as has been used here would cost 6d. or 9d. a yard. It would take the yard to mount the three pairs. I have never bought any of the material. I should think 3s. or 4s. per yard would be an excessive price for it. I should describe the horns as of medium colour. Some people prefer dark horns to light.

To Mr. O'Connor. There is a great different between buffalo horn and cow horn.

(Saturday, January 16.)

  PATRICK MCDERMOTT RICHARDSON , customs officer employed at the London Custom House, stated that no duty was chargeable upon the importation of horns of this class.

Mr. Green submitted that there was no case to go to the jury against Harris and if none against Harris, none against Nathan. Prisoners admittedly made false representations as to the value of these goods, but all they came to was exaggeration of value, and the case therefore came within the principle of simplex commendation.

The Recorder said that did not agree with his copy of the abstract which charged that Harris falsely represented that he was a sailor by calling, that he had just returned from abroad, that he had brought certain animals' horns from abroad, that he had hired Nathan to carry the horns, that they were the horns of a rare animal, and further that Harris was searching for a friend to whom he desired to give them, that a Jew had offered £12 for the horns, and that the horns were worth £50. These and other false pretences could not come under the head of simplex commendation. In the case of R. V. Goss (29 L. J., M. C., p. 90), Chief Justice Erle,

in dealing with this question, said that the decision in R. V. Bryan went "upon the sound principle that indefinite praise upon a matter of indefinite opinion cannot be made the ground of an indictment for false pretences." That was the principle on which these cases of simplex commendation all rested.

Mr. Green referred to the judgment of Mr. Justice Crompton in R. V. Bryan (26 L. J., M. C., p. 84) and also to the cases of Regina V. Lee (8 Cox, p. 233) and Regina V. Levine and Wood (10 Cox, p. 374).

The Recorder said he should leave the case to the jury.

(Defence).

  AARON GEORGE HANMER , 406, Hackney Road. I am in the horn and ivory trade. The large pair of horns produced are Spanish horns. The second size are also Spanish horns, but are sometimes sold as Cape horns, not to devolve the purchaser, but because Cape horns is a trade term. Cape horns are not more valuable than Spanish horns. Cape horns are light in colour, and therefore light horns are generally called "Cape." Light horns are the more valuable. The smallest size are American; they can be told by the redness of the tips. I but horns from Mr. Wilson, of Jewry Street. The best are picked out for mounting. Of the others the tips are worth 1s. per lb. for button making, and the hollow parts are used for comb making. Some tips are worth 2s. per lb. for umbrella handles. The largest sized horns in a raw state are worth from 3s. to 6s. per pair. Mr. wilson's charge is 5s. per pair for the two larger sizes; the smallest size would be worth 2s. per pair at the outside. The cost of polishing would be about 16s. The cost of caracul is from 4s. 11d. to 5s. 11d. per yard. The cost of buying and polishing being about 36s. a set, I should want about 30s. per pair for such horns as are produced, and for a set of three pair £3 5s. That is to the trade; of course, from a private customer I should want more. £3 5s. would include my profit, that is rock-bottom price, and having regard to the cost of the up-keep of my premises, I do not consider it is excessive.

Cross-examined. I but the caracul of Lee's, in the Hackney Road, for 4s. 11d. a yard. 9d. a yard is ridiculous. I was born in the trade. The lowest price is 2s. 11d., and you can go up to 10s. and 11s. per yard. The 4s. 11d. is a medium quality. I can produce a receipt showing that I have paid 4s. 11d. per yard. I have a shop and a factory at the back where I employ men. I sell mainly to the trade, but also to a private customer if he comes along. I have eight hands. I charge to the trade £3 5s. for a set of three pairs. To a private customer I should charge a fancy price. I should be doing a very good deal if I sold a set for £6. I have never sold to Harris. I had not seen him before this. If I had seen anyone offering them for £2 I should have fetched a policeman, thinking they were stolen. These horns come from bullocks. In India they are known as water-buffalo, and are beasts of burden. People would be mad to use such horns to make glue while they can get hoofs. I know the firm of Young and Sonz, spa road, Bermondsey, as buyers of hoofs and waste. I have never bought horns at their place at 18s. per dozen. The horns produced are well polished, but nothing extraordinary, rather of medium quality as far as work is concerned.

  HENRY JAMES GORE , 22, Paris Street, Tooley Street, horn turner and polisher. I work for my brother George. I have known prisoner Harris about four or five years as a customer buying polished and mounted horns. The horns produced are our work. So far as I am aware, Harris does not speak with a foreign accent. I should not mistake him for a foreigner. I believe he is a Hebrew. The price of a set of three pairs of horns is £2 7s. 6d. That is what Harris used to pay when he bought horns of me. I have no books showing sales to Harris. We only work by the piece, and we do not keep books for that work. We buy the horns of Wilson, in Jewry Street. I have my book to prove that we pay 5s. per pair for the large and middle sizes. The smallest size we get from Young and Son, Spa Road, Bermondsey, it 1s. 6d. per pair. These horns would be described as mottled horns in the trade. My brother was apprenticed to the trade. To do a set of horns costs us as good as 30s., including the original cost of the horns, but without the skin. We give 5s. 11d. for the caracul. I produce some of my old receipts showing that I bought of Messrs. Boutle and Drewett, of Borough High Street, at that price. The stuff is 54 inches wide, and it would take half a yard to mount three pairs, costing 2s. 11 1/2 d., or say 3s. (Witness produced horns in the rough state.) I have never known horns of the larger sizes to be bought at 1s. 6d. per pair; it is humbug.

Cross-examined. We have got a shop underneath No. 22, Paris Street, but we do our work at home. I am not a bootmaker, but a leather dresser by trade. I am my brother's assistant. He, being deaf and dumb, must have somebody to superintend his work. His affiction was caused by a fall when he was 14. I have only worked for him for the last seven years, since I caught anthrax and gave up leather dressing. I gave evidence in this Court on January 13, 1898, on my brother's behalf, the same as at the present time. I was called as a witness for the defence of a man named Wolff Abrahams, Mr. Green. Can we go into the result of another trial here?

The Recorder. The witness is now being examined as to credit. He can be cross-examined as to the circumstances under which he gave evidence and as to what the nature of the trial was.

Cross-examination continued. The horns in that case were exactly the same as those in this case—ordinary bullock or cow horns. The larger horns are, in my opinion, Spanish, and the smaller South American. My charge is a sovereign a pair for polishing. The price has gone up a lot since I gave evidence before. I may have said on the former occasion. "I should charge 10s. for polishing a pair." The price of horns has also gone up. I first came to know Harris three or four years ago through him coming to my brother and giving him an order. In that case the price was £2 5s. for the set.

Re-examined. The sentence on Wolff Abrahams was three months' hard labour.

  JOSEPH SLIPPER . 7, Paradise Row, Bethnal Green, horn dresser and polisher. I have been in the trade all my lifetime—nearly 60 years.

I have bought many hundreds of horns similar to those produced. The price per pair is 5s. or 5s. 6d. for the largest, and for the second size 3s. 6d. to 4s. I buy them of Mr. Myers and Mr. Wilson. I have never been able to obtain them for 1s. or 1s. 6d. per pair. The smallest size we get as low as 1s. 6d. I should charge £2 10s. to the trade for a set finished and mounted, but, of course, more to a private customer. I myself pay 7s. 11d. a yard for caracul. I obtained a diploma at the Crafts' Exhibition at the People's Palace. I sold some horn hat pegs to the Duke of Fife at the Exhibition.

Cross-examined. The Duke never came came back to me for a second set. They were ordinary horns of the stealer kind mounted on mahogany.

  EDWIN ERNEST ELLIOTT , 122, High Street, Walthamstow, and JACOB OTTO, Mile End Road, were called as to Harris's character.

  NATHANIEL NATHAN (prisoner, on oath). I first saw Mrs. Mason when I was put up for identification alter being discharged at Enfield. It is a case of mistaken identity. On May 12 I was in the billiard room of the "Black Boy," Mile End Road, at the time I was stated to have called on Mrs. Mason waiting for my governor to arrange about going to Chester for the" Cup" race next day. His name it Falk. I met him soon after twelve o'clock. It was arranged that we should not go. Business, he said, was none too good and the expenses were very great. The people amongst whom I was placed for identification at Enfield were all of the labouring class. I have never worn a beard in my life. I shave every other day. When I was arrested at Enfield I had been with Harris barely three weeks. I did not find selling horns good business. Harris asked me to go with him, as I was not doing anything. I was to receive 5s. a day. Harris told me what to say. I did not think there was any fraud in what he was doing or I should not have gone out. I admit that I said to Mrs. Saint that a Jew had offered Harris £11 for the horns. which Harris would not take, because a Jew had once taken him in over a watch.

Cross-examined. I was in Harris's employ about four months. I have been to Chester once, about three years ago. I have been to other races with Falk. I used to use the "Black Horse." Falk could find me there if he wanted to. I have never heard of a case one of this sort before. When Harris engaged me he told me I was to wait outside the shop till he came out. Then I was to go in and say he had been offered £10 for them and two suits of clothes. In any shop I went into I was to say the lady was a Christian lady. I always said the lady in the shop was a Christian lady. The first time we went out was to Bayswater, where we sold one pair of horns for £4. We sold four sets altogether, including the set sold to Mrs. Catling. Harris spoke with a foreign accent. I remember that on one occasion he said "My heart is brake; I do not find my friend." I have seen him cry. I admit that I helped him to get the money. If I had known the full consequences I should not have done it. As to whether it was right to tell a lie to get money, it is often done.

  MOSS PHILLIPS , 4, Latimer Street, Stepney. I remember May 12 last. I was then billiard marker at the "Black Boy." I remember seeing Nathan in the billiard room about quarter past 11 o'clock. He played billiards with my brother. I remember it was May 12 because I asked Nathan if his was going to the Chester race meeting. He replied, "I do not know; I am waiting for my governor." I know that May 12 is the first day of the Cheater meeting. The Chester Cup is run on the day following.

Cross-examined. I used to have a lot of racing men come in to play billiards. The game between Nathan and my brother lasted half an hour or perhaps a little longer. Nathan won, but there was no money on; I should not allow that. Nathan paid for the table. I ceased to be marker one week in August after being there nine months. Nathan was the first customer I had that morning.

To the Recorder. I was asked to give evidence on behalf of Nathan about three months ago.

  JOSEPH PHILLIPS , clerk, 5, Latimer Street, Stepney Green, brother of last witness gave evidence as to playing billiards with prisoner Nathan in the morning of May 12. Afterwards they went downstairs to the bar, and while they were drinking together Mr. Falk came in. JOSEPH FALK, 19, Whitefield Street, Forest Gate. I am a commission agent and attend race meetings. Nathan has been my clerk, working together with me. On May 12 I was considering whether I should go to Chester and called at Nathan's house. He was not in. I then went on to the" Black Boy" and arrived there about a quarter to 12. I had conversation with Nathan about our going to Chester. Nathan said he did not feel very well, and I said, "Well, it does not matter; I shall not go, as the expenses will be too great."

Witnesses were also called to the character of Nathan.

Verdict. Both guilty of conspiring to defraud. With regard to the count charging them with obtaining a sum of money by false representations from Mrs. Mason the jury disagreed, there being one dissentient.

Mr. Bodkin pointed out that the second count charged a conspiracy with regard to Mrs. Mason, Mrs. Catling, Mrs. Saint, and Mr. Smith, and if the jury were not agreed about Mrs. Mason they might he agreed with regard to Mrs. Catling, Mrs. Saint, or Mrs. Smith. Elimmating the name of Mrs. Mason the count remained a good count upon which a verdict could be returned.

The Foreman said the jury were agreed that there was a conspiracy to defraud the three last named persons, but they was not find prisoners guilty of false pretences.

Mr. Bodkin pointed out that that verdict was inconsistent, count four charging false pretences within regard to Mrs. Catling, and count 5 in regard to Mrs. Saint. The jury found that prisoners conspired to defraud those persons and the evidence was that they were defrauded by being induced to part with their money and it was therefore inconsistent to say that the offence of false pretences had not been proved.

The Recorder. I quite agree, and that is why I hesitate to take a verdict on the second count at all. It is an inconsistency but, of course, there may have been an antecedent agreement to defraud these persons which was not in fact carried out.

Mr. Bodkin. It is inconsistent to say the money was not paid the result of conspiracy although the conspiracy was to obtain money.

Sentences. Harris, 18 months' hard labour; Nathan, 15 months' hard labour.

BEFORE JUDGE LUMLEY SMITH.

(Friday, January 15.)

  GOLDBERG, Louis (21, manager), and   GOLDBERG, Aaron (20, traveller), found guilty at last Sessions (see page 208) of incurring a debt or liability by means of fraud other than false pretences, came up for judgment. They were released on their own recognisances in £20 to come up for judgment if called upon.

 

  PELOPIDA, Antonio (32, mosaic worker) ; feloniously wounding   Luigi Orsi, with intent to do him grievous bodily harm. Mr. Wren prosecuted; Mr. Purcell defended.

  LUIGI ORSI ,7, Tysoe Street. Clerkenwell (through an interpreter). Prisoner was a lodger in my house. On the afternoon of November 28 I went to his room to see him about my furniture, and asked him for his rent book, saying. "I believe you are behind three weeks." He looked for the book, and said he could not find it. He said he could not pay because he had no money. He said he would not pay me by any means. I said, "Well, on Monday I will summon you." I turned round to leave the room and he struck me on the head. I do not know with what. I do not remember anything more. I did not feel anything.

Cross-examined. Prisoner, who Lad a sick child, had complained of singing in the house. I had given him a week's notice. He had already removed a lot of his furniture. The balance of the furniture was mine. I did not see prisoner take up a chair. I did nothing to provoke him.

  MARIE ORSI . wife of the last witness. On the afternoon of November 28 I heard shouts in my house. Going upstairs to prisoner's room, I found my husband on the floor, and, with assistance, took him to the hospital.

Police-constable ALBERT HOLBROW, 452 G. On the afternoon of November 28 I removed the prosecutor to the Royal Free Hospital.

Inspector GEORGE ALLISON, G Division. On the afternoon of November 28, in the first-floor back room of 7, Tysoe Street, I found on the floor a pool of blood, and at the side of the held picked up the iron bar produced, which was stained, apparently, with wet blood.

Dr. DAVIES, house surgeon at the Royal Free Hospital. Prosecutor, on being brought to the hospital, was conscious; he was bleeding

severely from both ears and from a scalp wound. There were two wounds, one of which was contused, a triangular flap of the scalp being raised from the skull in the right parietal region, and behind that was a small, superficial scalp wound. At the bottom of the former wound, which was extremely serious, were several loose pieces of bone. An immediate operation was necessary, but for which the patient could not have recovered. The wound must have been inflicted with some heavy instrument, such as the iron bar produced, used with very considerable force.

Sergeant JAMES CUNNINGHAM, G Division. On November 30 I arrested the prisoner, who said, "I am sorry. The man asked for his rent and said he would break my neck if I did not give it to him. I then hit him. I am sorry for his family and mine."

Inspector ANDREW KYD; G Division. Prisoner, when charged, said, "Yes; I understand. I am sorry." Cross-examined. Before the magistrate the charge of attempted murder was withdrawn.

(Defence.)

  ANTONIO PELOPIDA (prisoner, on oath). For about five months I bad been lodging in this house, and until recently had regularly paid my rent. After receiving notice to quit I had to go to work at Coventry for 10 days. On returning I took another room, and on November 28 began to move my furniture. When about half had been moved, Orsi came in and locked the door. He asked for the rent book, and my wife said she had put it in a little box already sent to the new lodgings. Orsi said, "You got to pay me before you can go from this place." I said that when I finished moving I would some back, clean out the rooms, and give him half his money. He said, "You cannot go outside this room before you pay me in full." I said, "I cannot pay you the lot to-day, for I have had my young girl three weeks in bed. I cannot pay 'you three weeks' rent to-day." He said, "I will break your neck." Then he turned round, and I saw him put his hand on a chair, which he took up. I never saw anyone so upset with anger. I looked round for something to defend myself with. Then I struck him—I suppose with that iron that was shown here.

Cross-examined. I believe there was nothing on the chair which the prosecutor took up. The room contained two chairs of his and two of mine. It is not true that there were only two chairs, each of which had boxes on it.

  ARTHUR OWEN CARTER , of Carter and Co., caustic tile manufacturers, 29, Albert Embankment. I have employed the prisoner for about two years, and have found him a steady, well-behaved workman.

Inspector ALLISON, recalled After the prisoner had gone I examined his room, which contained not more than two chairs, on which were piled a few small boxes and one or two pictures.

Verdict, Guilty.

Sentence, Six months' imprisonment, second division.

 

  ELVIN, Herbert (27, labourer)) , attempting to carnally know   Winifred Oldfield, a girl of the age of 14 years; second count, indecent assault.

Verdict, Guilty of indecent assault.

The police evidence showed that prisoner had joined the navy in 1896 and served till 1900. He had deserted twice, outstayed his leave, and had finally been discarged for wilful disobedience and general bad character. He had since worked for several contractors, who spoke well of his work. His wife had sued him once for assault, but had not appeared.

Sentence, Two months' hard labour.

BEFORE JUDEGE LUMLEY SMITH.

(Saturday, January 16).

 

  RYLAND, Gertrude (31, no occupation) pleaded guilty , of feloniously causing to be inserted in the register of deaths for the parish of St. Pancras a false copy relating to the death of   Florence Annie Louise Ryland; uttering to William P. Piper a copy of the said entry knowing the same to be false: making a false answer to the Registerar of Brith and Death relating to the death of the said   Florence Annie Louise Ryland: obtaining by false pretences from William P. Piper the sum of 30s., with intent to defraud the Liverpool Victoria Legal Friendly society; feloniously causing to be inserted in the Register of Deaths for the parish of St. Pancras a false entry relating to the death of   Thomas Henry Wilson Ryland; uttering to A. T. Catt a copy of the said entry knowing the same to be false; making a false statement to the Registrar of Births, etc., relating to the death of the said   Thomas Henry Wilson Ryland; obtaining by false pretences from A. T. Cat the sum of £10 2s. 6d., the moneys of the Royal London Sum of £ 2s. 6d., the money of the W.P. piper the Friendly Society, and obtaining by false pretences from   Hannah Hill the several sums of £48, £7, and £58, in each case with intent to defraud.

Mr. Bodkin, who prosecuted, stated that prisoner was the wife of an ostler and she had been guilty of a series of frauds, including the forgery of her husband's, her infant daughter's, and other persons death certificates, and of causing fictitious entries of deaths to be made by the Registrar of Births, Deaths, and Marriages for the parish of St. Pancras. This she had done for the purpose of obtaining insurance money. She had thus obtained sums of 30s. and £10 2s. 6d. from the Liverpool Victoria Legal Friendly society and £13 16s. from the Royal London Friendly Society. Under the pretence of lending the money to a well-to-do gentleman living in the Camden Road, she had defrauded Mrs. Hill, a widow, of sums amounting to over £100, which represented the whole of her savings.

Prisoner was convicted at Scarborough when but 17 years old of stealing a banknote. She was married in 1903 and was the mother of four children.

Judge Lumley Smith said the prisoner had been guilty of a number of frauds of a serious description, and she was evidently a very fraudulent and deceptive woman. He sentenced her to 15 months' hard labour.

BEFORE the RECORDER.

(Monday, January 18.)

 

  PEARSON, John Hesketh (22, civil engineer); manslaughter of   James Talbot.

Mr. Bodkin, Mr. Leycester, and Mr. H. D. Roome prosecuted; Mr. Muir and Mr. Oddie defended.

Police-constable JAMES SMITH, 52 A, produced a plan embracing part of Whitehall and Parliament Street on the scale of 64 ft to 1 in., and gave details of the position of various streets, distances from point to point, position of the refuges, etc.

Police-constable THOMAS TRAINOR, 148 A. On September 30 I was in Parliament Street. About 2.20 p.m. I saw a crowd near Charles Street and a car numbered F. C, 305 backed on to the kerb on the Charles Street side of Parliament Street. An old man (Talbot) was lying on the ground unconscious, his feet towards Charing Cross and his head towards Parliament Square. I noticed a wound above his left eye, and there were marks of blood on his face. Prisoner said, "My car has knocked this old man down. You put him in the car and direct me to the nearest hospital." He added, "I was driving the car." Deceased was taken in the car to the Westminster Hospital, and I went with accused to Cannon Row Police Station, where he wss charged with causing him bodily harm. He made no reply to the charge. He was taken before the magistrate (Mr. Curtis Bennett) at Bow Street next morning. By that time the old man was dead and prisoner was charged with manslaughter.

  REGINALD STEPHEN TOWNSEND , house surgeon, Westminster Hospital. I took charge of deceased when he was brought in. He was unconscious, and did not recover consciousness before his death, at shout half-past seven in the evening. At the post-mortem examination I found that seven ribs on his right side were fractured and had lacerated the right lung. The pelvis was fractured on the right side and the tibia of the left leg. There was a wound over the left eye. The injuries I have described were the direct cause of death. The body was apparently that of a healthy man for his years. The injuries were such as would have caused the death even of a young man of 25

Cross-examined. The blow on the head might have been caused by the hood of the motor car striking deceased, or any blunt instrument. The fracture of the leg might, have been caused by the wing of the car. As to whether if a man were thrown violently to the ground, that

would be the kind of injury that would cause fracture of the ribs at those angles, I think he roust have had a severe blow directly. A man would not fracture seven ribs simply by falling on the road. It is possible he might do so if he fell from a great height or was flung violently to the ground. The arteries of the brain were deteriorated and calcified, that condition being due to age. Deafness is frequently due to degeneration of the arteries in the middle ear owing to calcification I am not prepared to say what force would be necessary to cause the injuries to deceased, but a car weighing two tons tvavelling at 15 miles an hour would have been sufficient to cause them.

Re-examined. I think the injury to the left leg might have been caused either by a direct or an indirect blow.

  JOHN STOKESBURY , compositor, 52, Shardeloes Road, New Cross Deceased was the stepfather of my wife. He was in his 85th year. He had been for a great number of years in the Education Office, and had retired only 18 months ago. I cannot account for his having been allowed to remain on so long, 65 being the ordinary age of retirement, but I believe that when the Education Act of 1870 came into force, people were allowed to go in at a certain age merely as writers; he was not on the staff. I knew him very well. Hit health was good and he was exceptionally active and vigorous for a man of 84, and enjoyed walking exercise. His sight was good and he had only used glasses for reading or writing. His hearing was fairly good, and he could hear people speaking in ordinary tones in a room, and he could hear a motor horn. I have been out walking with him. He would generally look round before he ventured off the pavement.

Cross-examined by Mr. Oddie. Deceased was for more than 35 years in the Education Office, and had been in the habit of crossing Whitehall very frequently. He was only slightly deaf. I do not know whether he looked up. I should say the speed of the motor car did not give him the opportunity to get out of the way.

The Recorder. You are not going to suggest, are you, that people are bound to get out of the way of motor cars because they blow a horn?

Mr. Oddie. No, but if nobody took notice of the horns, accidents would be so numerous that the hospitals would have to be enlarged.

The Recorder. Other steps would have to be taken to regulate the procedure of motor vehicles. People of this advanced age are in many cases deaf, and people of other ages are also deaf. The blowing of the horn does not constitute any valid excuse in law.

Inspector SAMUEL ROGERS, A. Prisoner, having first been charged within causing grievous bodily harm was re-charged in the evening with manslaughter.

  EDMUND HERBERT STEVENSON , civil engineer, 38, Parliament Street On September 30, between quarter and half past two, I was walking from Charing Cross down Whitehall on the east side. When I had just passed the entrance to the Board of Trade I hear a peculiar sounding horn. I turned and looked northwards up Whitehall and saw a red touring car coming down on the outside of the southern bound traffic. I saw it had a long funnel-shaped horn on the top of

the bonnet. I have five heard since that it is an electric horn. The car was coming clown on the west side of the crown of the road. The south-bound traffic practically filled half the road, the other half being practically empty. The car was running on what would usually be occupied by the north-bound traffic, in the centre of the roadway, and well outside the south-bound traffic, and going at a faster speed than I have ever seen a car go on that particular piece of road. The born was being sounded very often; I think I heard it four or five times, a short, sharp blast. I kept the car in view the whole way. The rapid spend at which it was travelling attracted my attention. Just before the car skidded I lost sight of the front part of it behind a vehicle, but I could still see the body. From the action of the car I should say the brake was put on hard and suddenly. Why I watched it was because I was so afraid of it being nipped at the refuges at Charles Street. From the line the car was taking I was very much afraid of some accident happening there. I did not see the old man at all. When the brakes were put on the car was about opposite the north corner of Charles Street. When, the car was checked after going forward in a straight line for a very short distance, 3 ft. or 4 ft., the back part of the car swerved to the right and made a complete half-circle, and seemed to hang for a moment, an appreciable moment; finally it made a complete revolution and a quarter and ran. back to the north corner of Charles Street against the kerb, with the back towards the Home Office and front to the road, stopping the traffic going north on the west aide of the road. It was a very large and powerful car, and took up a good deal of room. I saw deceased lying in the road nearly opposite the middle of Charles Street, a little above the refuges. The road was quite dry, and it was a very hot day. Up till the time the car was checked there did not appear to me to have been any variation in its speed.

Cross-examined. As there was no traffic going north, there was no reason why the car should not overtake the south-bound traffic. The road in front to Parliament Square was clear, and there was no danger unless the car met something or somebody going ai that pace Nobody crossed within my light. A difference of a mile or two an hour would not be appreciable at the pace the car was going. Where the road is broad, as in this case, and you see the car approaching at a considerable angle you can judge of the pace at which a car is going, and in this came there was the south-bound traffic to compare with. The south-bound traffic extended north and south as far as one could see. I saw a yellow horse omnibus which the oar passed on the off side. As to the suggestion that the pace of the car was only 15 miles an hour, I can only say that people who say that are either no judges of pace or else are deliberately misstating the facts. As an engineer I consider I am a judge of pace to a certain extent. I am a gas and water engineer, a mechanical engineer, but not a motor engineer. I have ridden a good deal in motors, but do not drive myself. This road is paved with wood. I have heard that the tyres of this ear had non-skid studs on them. I have seen brakes applied to cars going at 15 miles an hour, and at even a greater pace, without

skidding, but if a car was being driven at the very rapid pace that this car was and brakes were suddenly applied I should expert it to skid. I said before the magistrate that between the refuges opposite the Home Office and the refuges opposite Charles Street the driver had a clear run; that was because there was no north-bound traffic. I said also I thought the pace was dangerous to the people in the car, but I did not say it was not also dangerous to the public. If the car had run into the refuges it would have been overturned and the occupants doubtless injured. I apprehended danger at the refuges between Charles Street and Derby Street where the space is more contracted than it is opposite the Home Office. I was afraid that the omnibuses which stop south of these refuges might pull out. I think I said before the magistrate that there was no danger in the pace per se, but only having regard to what might happen. This it the first time I have said the car was going at a greater speed than I had ever seen a car going at on that road, but I said before the magistrate that it was going at more than double the speed of the motor cabs that were going south.

  WILLIAM YOUNG , 110, Sussex Road, Holloway. I am in the employ of the London General Omnibus Company and drive a pair-horse bus from Camden Town to Victoria. I was driving southwards in Parliament Street, about 2.30 p.m. on September 30, and was about two yards or three yards from the kerb. As a rule, the track of my omnibus leaves apace for another line of vehicles near the kerb, and I have a right by the rule of the road to occupy the centre space between the refuges, and the northern traffic does the same. I was driving at between six and seven miles an hour at the time, and was just opposite Richmond Mews when I heard the frequent sounding of a motor horn and the vibration of a motor engine. Such traffic as there was was some little distance in front of me and he got past the refuge. I saw deceased start to cross the road from opposite Lyons's tea shop., Having started, he went on continuously, without stopping Or hesitation. He had plenty of time so it as I was concerned. I was 20 yards from the old gentleman when the car passed me on the off-side. There was nothing to prevent the driver seeing the deceased. I have been driving an omnibus for 25 years. The car went straight on and knocked deceased down. The gentleman turned the driving wheel and the car skidded right clean round. Deceased was struck by the near side front wing. I think it is possible that when the car skidded round the back part of it may have struck him as well. I should think the car was going 30 miles an hour. Deceased fell directly the car touched him, and I noticed the car swing round and come to rest opposite the Home Office. When struck deceased had passed the head of my off-side horse, so that if I had gone on in a straight line I should not have struck him. There was a clear view for the driver of the motor car to see the man in front of him 20 yards or 25 yards ahead. So far as I could see, there was nothing to prevent the driver turning to his left past my horses' heads and going behind the old gentleman. If he had done so he would not have knocked him down.

Cross-examined. The car was in the centre of the road a good long way from me. Deceased suddenly hurried forward, but I do not think the car would have missed him if he had not done to. The driver turned the car a little to the right instead of to the left. If he had turned to the left he would have passed behind him. If I had been in the same position a the driver I should have gone behind deceased, and it is the rule of the road that if there it anybody passing over the crown of the road you pass behind them. I did not see a motor cab in iron of me, into which the accused might hate run if he had tried to pass behind deceased. I said before the magistrate, "I saw the driver of the car turn to the right to try to avoid him." I meant by that he tried to avoid him after he was struck. Anyone might do that. You might knock a man down and try to avoid running over him. It looked as though the driver ran straight into deceased. I do not say he did it wilfully; at the same tine, when there was plenty of room for him to go on the near side, why did not he steer on the near side? I am certain it was the near side front wing or dashboard that struck deceased. If several witnesses say that the near side front wing did not strike him at all they are wrong. In my opinion it would be impossible for the back part of the car to strike him before the car skidded. Deceased was six or eight yards from the refuge in the direction of Charing Cross. When the old gentleman was getting out into the middle of the road I heard he car sound its horn. He did not turn, but continued to walk across and took no notice at all. Before he stepped off the footpath he looked to the right and looked all round, and I assume he thought he had plenty of time to cross the road, which he had. When the horn was sounded he commenced to hurry.

The Recorder. There is no doubt that the great danger in crossing he road now is the danger arising from crossing in front of a slowmoving vehicle when there is a quick-moving vehicle on the offside. I have noticed it again and again. Probably the old gentleman thought he could get safely across the road, not knowing that this motor was coming at this rapid pace.

Mr. Oddie. Of course, a motor car is entitled to overtake traffic?

The Recorder. Yes, provided that proper caution is exercised.

  GEORGE LEO DE ST. MACAIRE WATSON . I am a private secretary employed at 5, Cavendish Square. About 2.30 on September 30 I was in Parliament Street, walking towards Charing Cross on the west side. Just north of Downing Street I saw this red motor car coming down in the opposite direction as nearly as possible the middle of the road at what I considered a dangerous and excessive pace, approximately twice that of the ordinary traffic. I heard the sounding of the horn, a very raucous kind of sound. There was very little traffic going north, less than the normal. The car was clear of the south-going traffic. As it passed me I turned and followed its career. It swerved occasionally to the right in passing its own line of traffic. but I did not observe any slackening of speed. I lost sight of it, I think, behind a hansom, and shortly afterwards heard a kind of thud and the cries of the people and went back to the scene of the accident.

I cannot pretend to judge exactly the speed of the car within a mile, but in this case I can certainly say it was going at twice the speed of the ordinary traffic—I should say 24 or 25 miles per hour.

Cross-examined. One could not judge of the speed of the car if one were behind it in a narrow lane or corridor, but in a wide thoroughfare like Whitehall there is an appreciable angle of vision when the car is 100 yards or 150 yards off. There was no traffic in front of the car. I came to the conclusion that the pace was dangerous because the car might get nipped in the traffic further down. I thought the pace was dangerous to the people in the car. I had, in fact, a very strong presentiment; I give it to you for what it is worth.

Re-examined. In one way I have had experience of speeds. I am familiar with 100 yards racing. The 100 yards is run at the rate of about 20 miles an hour, and it flashed upon my mind that no man could have travelled quite so fast as that, that nobody could "live with that motor car.

  ALFRED HENRY BRIDGEMAN , clerk in the Colonial Office. On September 30, about 2.20 p.m., I was in Parliament Street on the west side, near Charles Street and Downing Street, a little to the north of the Home Office door. My attention was attracted by the sound of a horn or hooter, and looking towards Charing Cross I saw a car outside the traffic going south, travelling so fast that I stopped and watched its course. I should say the speed was high and excessive. I turned round to watch it. The speed was not slackened after passing me. I saw deceased in the middle of the road, but only momentarily, as my view was intercepted by the body of the car. The course of the car was slightly diverted to the west or right side, and just after that I heard what I describe as a thud. The car immediately swung round to the right and swept across the road, resting with the back wheels against the pavement, opposite the come Office. The car was well clear of the south-going traffic.

Cross-examined. When I first saw the car the road was clear in front of it. The horn was sounded many times. I agree that it is difficult to exactly estimate the speed of the car. I am not a motorist and have not ridden in a motor car with a speedometer. Deceased had no protection from the refuges at all. He seemed to me to be going straight across to the corner of Charles Street.

  HERBERT LOWE MAUD , agent, Anerley. On the day in question I was walking towards Charing Cross on the west side of Parliament Street." When I got to the Local Government Board I noticed the peculiar sound of a horn or syren, and looking up saw the car coming southwards. It was then about 150 yards off, practically in the centre of the road. I did not actually see the accident. I saw the body being placed in the motor car.

Cross-examined. I estimated the speed of the car by the way it was passing the other traffic. I say it was going twice as quickly as the other traffic. I have never driven a motor car.

Re-examined. I have been a cyclist, and that gives one some opportunity of judging speed.

  JOHN SAMUEL FOSTER , civil servant, in the receiving department at New Scotland Yard. On the afternoon of September 30 I was on the pavement close to Grindlay's Bank, which is north of Lyons's tea shop. I noticed the motor car coming from the direction of Charing Cross. It was then about 40 or 50 yards away in the middle of the road, but nearer to the off side than to the new. It was going very fast, but I am not a judge of speed; I should say about 30 miles, an hour. It was going more quickly than the ordinary motor cab, and that is what made me notice it. I have never seen a vehicle in Whitehall going as fast as that. I watched it coming towards me and then turned and followed it. So far as I could see, the direction of the car was not altered. I noticed the old gentleman crossing the road a little to the north of one of the refuges; he was going straight across. The car hit him and knocked him over, and skidded round and backed on to the pavement near to Charles Street. The deceased was struck by the wing on the near side of the car; it seemed to me to be the front wing. He may also have been struck by the back part of the car, but when the car turned round, the body of it obscured my view. I saw the deceased fall on his face. I went up to see whether he was killed.

Cross-examined. If the deceased had been struck by the back part of the car as it skidded I do not think I could have seen him struck, because the car went round. I should say that people who say deceased was only struck by the back part of the car are mistaken. I saw the front part of the car hit him and knock him away. I do not set myself up as a judge of speed, but I have a rough idea of it. I told the coroner I thought the speed was about 30 miles an hour.

  ERNEST FLEIG , omnibus conductor. On September 30, about 2.30 p.m., I was collecting fares on the top of the omnibus driven by the witness Young. I heard a motor horn behind me and looked round. The omnibus was then opposite the Duke of Buccleuch's house, between Whitehall Gardens and Richmond Terrace. When I saw the car it was abreast of Whitehall Gardens. I should say the speed of the car was 25 miles an hour. I did not notice the old gentleman till the car was very nigh on top of him. The oar skidded round and I could not see which part of the car hit him. Our omnibus was leading its particular line of traffic as deceased crossed in front of us. Just before the car reached him it turned a little to the right. I did not see the car strike the old gentleman; he was hidden from my view. The brakes were applied about, four or five yards from him. I saw no, alteration in the speed of the car.

Cross-examined. I did not notice the deceased look at all towards the car. It all happened very suddenly. I saw the car skid and I took it that that was due to the brakes being applied to it.

(Defence.)

  JOHN HESKETH PEARSON (prisoner, on oath). I am 22 and live at Brighton. I am the owner of the car, which is a Daimler car of 42 h. p. On the afternoon in question we were coming from Trafalgar

Square down Whitehall. I was taking a friend, Mr. Terrell, to his office in Victoria Street. He was sitting in front with me and a Mr. Preston was sitting in the tonneau behind. The traffic was rather thick coming down and I was unable to go much faster than the ordinary horse-drawn traffic, which was more or less blocking the road, until about 50 or 60 yards before I got to Charles Street, when I got outside the traffic and overtook it. I ultimately got past it near Charles Street. I drew out of the traffic because it was going very slowly. I was behind it the best of the time and I wanted to get past it. Within about 20 yards of Charles Street I saw the old gentleman crossing the road. I did not see any necessity at the time for pulling up, as there was plenty of room to pass in front of him without any trouble at all, only when I got close to him he started hurrying. He was looking straight in front of him and did not seem to take any notice of me at all. His hurrying rather necessitated my changing the direction of my car to pass him in front, which I estimate I would have done by a couple of yards to spare if the car had not skidded. I put my brakes on to prevent me going into the traffic on the other side of the street, and there was a refuge there as well. The studded tyres skid very easily on the hard London streets. There did not seem to be any necessity for me to ease my car. I could have stopped my car in the distance, or I could have eased, by throttling her down to 10 or 12 miles an hour. Ten yards before I got to the deceased I let my clutch out, the effect of which is to take the engine power off the wheels without stopping the engine. I turned the car to the right, that produced the skid, and the car in swinging round hit the old gentleman. I think the part of the car which struck him was somewhere in the neigbourhood of the back wheel; I know it was behind me. The car skiddaed round about three-quarters of a circle and finished up with its hind wheels against the kerb in Charles Street I put the foot brake on but not the hand brake. The foot brake is very powerful and easier to get at in emergencies. I have often had skids in London streets on a dry day. I cannot say that this skid was due to the pace at which she was going. She would skid at ten miles an hour with these tyres if the brakes were suddenly applied.

The Recorder. It is a very alarming thing to be told that if a car is going at a reasonable pace—10 or 12 miles an hour—and you have occasion to put on your brakes it will skid suddenly round in this terrible way.

Witness. You do not always have occasion to put on the brakes and turn the car sharply at the same time.

Examination continued. After the accident I got out. A policeman helped me to put deceased in the car and I took him to the hospital My friends went with me. So far as I remember, deceased was short of the crown of the road. When I overtook the traffic I was very nearly in the middle of the road and between the line of refuges. I was not on the off-side of the crown of the road. I put the speed when I emerged from the traffic at eight miles an hour, because there was a horse 'bus in front of me. At the time of the accident I estimated I was going 15 or 16 miles an hour. With

regard to the evidence of the witnesses who said I was going at 30 miles an hour, in the time I had to accelerate it would have been an impossibility for me to have got up that speed. The distance from where I got out of the traffic to where the collision happened was 50 or 60 yards, as near as I could judge. I could not have got up to such a pace as 30 miles an hour from eight miles an hour in that distance. Fifteen or 16 miles an hour would be a moderate pace that would attract nobody's attention. I have driven a motor for about two years. I think it was the horn which attracted the attention of the crowd, because it is a very loud horn. Mr. Terrell was operating the horn, and I suppose he sounded it frequently because be wanted the traffic ahead to get out of the way. If the car had not skidded I should have pulled up about level with the man, because the car will pull up in her own length, practically speaking, at that pace, but as soon as she started skidding she went round across the road, so I cannot say that I actually did pull her up. If I bad turned to the left and gone behind the deceased I should have gone straight to the refuge. If I had directed her to go behind the refuge on the other side it would have been a very sharp turn, from which my experience of motors would have led me to expect a skid. I could have passed deceased easily if he had not harried.

(Tuesday, January 19.)

  JOHN HESKETH PEARSON , recalled, farther examined. At the time I pot on the brakes I was not expecting the car to skid. I never had any idea of it. My experience of driving has been mostly in the country, but I have driven a good deal in town. I should not have expected the car to have skidded if I had put the brakes on in a country road at the pace I was going at because the roads are rougher. As to how it was the car came to travel so far after the skid, this is a very heavy car with rather a high centre of gravity, and as soon as you put the brakes on and lock the back wheels the momentum of the car causes it to swing round. It is harder to make a heavy car start skidding than a lighter car, but as soon as a heavy car starts to skid she will skid to a much greater extent than a lighter car or a car of lower centre of gravity would. The extent of the skid does not necessarily depend upon the pace at which the car is going; it depends upon the suddenness with which the car is drawn up. Taking the same conditions for the same car, it is possible that a skid would be much greater if the car is suddenly pulled up when it is going at a vapid pace than it would be if going at a moderate pace. This was an extraordinary skid, but I have seen a good many skids as bad. It is possible, in my opinion, for my car to skid to that extent, going at a reasonable pace.

The Recorder. In that case, is it safe to drive such a car in London streets at all?

The Witness. You are not always liable to have to pull up your car and turn at the same time—in fact, rarely. It was the combination of turning and putting on the brakes which caused the skid.

Examination continued. The ordinary traffic at the time was going pretty slowly; it was mostly horse-drawn. I was in no hurry at the time. The front part of the car got past deceased entirely. I have every reason to suppose that the car would have passed the deceased if no skid bad taken place. I turned the car to the right because if you pass in front of a man he can see you; if you pass behind he cannot, and it is a very common thing when a man hears a horn to step back impulsively without looking up at all.

The Recorder. Do you consider, as a motorist, that you have the right in London streets to continue at a rapid pace—whatever pace you like—without regard to the traffic in front of you or beside of you?

The Witness. Well, I think this was an unforeseen circumstance; I did not expect him to hurry.

The Recorder. These are things which will happen. People sometimes lose their presence of mind. You do not suggest, do you that His Majesty's subjects haven't the right to cross the road. They have as much right to cross the road as you have to drive a motor.

Cross-examined. There is a speedometer on the car but it was out of action at the time, so that my only method of gauging the pace is my own judgment. I have driven in London ever since I started driving. I agree that the more quickly a car is going the more likely it is to skid if the brakes are suddenly put on. The probability is that if I had been going at 25 miles an hour I should have smashed the car against the pavement. I think there was probably the width of the car between deceased and the left hand refuge. When I was at Charing Cross the traffic extended something like 40 or 50 yards down the street; I could not tell you exactly. I could not tell how long I was kept waiting by the traffic. I was not getting impatient at all. I had overtaken all the traffic before the accident happened, traveling upon the off side of it. I cannot remember that I passed on the near side of the traffic going in the same direction. I may have passed on the near side of a motor bus higher up the street, but I do not think I did so near the accident. The horn was sounding more or less continuously. I was not sounding it myself. For a good distance we had traffic in front of us. Probably Mr. Terrell saw this old gentleman crossing the road and sounded it to warn him. He was not sounding it at my direction. At the time of the accident the speed would be still increasing. I have never tested what pace I could get up to from eight miles an hour in 50 or 60 yards. I have had the car five or six months. I do not remember whether the engine was working at its fullest power at the time. You cannot open the throttle absolutely immediately, because it is rather apt to choke an engine. If I had wanted to stop the car I should just do it by throttling her down I was on top speed. The car would accelerate more quickly on the second speed than on top speed. In the same way if you have a high gear bicycle it is harder to get going quickly than if you have a low gear bicycle: it is exactly the same principle. I said at the police court I could see that he was an old gentleman and that I thought he would keep on at the same pace as he was going or else stop. When

I first saw him he was a good deal to the left of me. I thought he was going to keep on until I was about ten yards in front of him, Travelling at 15 miles an hour the car would cover 22 ft. per second, so that the distance would be covered in about three seconds. It would not be practically simultaneous; three second is a very appreciable time. The car would pull up in her own length, which is about 14 ft. or 15 ft. You always take out the clutch if you are going to stop the car, if you do not stop the engine. I could easily have stopped the car in 20 yards, of I could have allowed down. The first thing I did was to pull out the clutch. I was then within about eight or ten yards. As far I could see the old gentleman never saw me as all, unless he did so at the very last moment. I pulled up by natural instinct. I knew I had gone close to the old man, within a yard or so. I could not say whether he stopped back as the front of the car passed him. I have a theory about it, but I do not know what happened exactly. Pulling out the clutch would have no immediate effect upon the pace of the car, which of course, still retained its momentum, but the diminution of speed would be appreciable in a very short distance, I should say six or seven yards. My view is that the old gentleman, to avoid the accident, ought either to have stood still or gone on at exactly the same pace. It is rather hard to say whether people hearing a motor horn are likely to hurry, but most people look, do not they? They either hurry or step back or remain where they are as the case may be, and they must exercise their own judgment.

The Recorder. What obligation do you recognise devolves under such circumstances upon the driver of the car.

The Witness. I always use as much care and consideration as I possibly can in driving in traffic. A driver certainly ought to pull up if a person crossing a road is right in front of him or is likely to be in front of him.

Re-examined. It is right to blow the horn when overtaking traffic And passing it.

  GEORGE GLYNNE TERRELL . I am a civil engineer employed in railway Work. On the afternoon in question I was sitting next the prisoner There was a good deal of traffic starting from Charing Cross. About 50 or 60 yards from the scene of the accident we had an opening and drew out. I was sounding the horn continuously to caution the people to get out of the way. I have driven myself. I am not sure whether it is in accordance with motor car regulations to sound the horn when overtaking traffic and passing it, but we are obliged to carry the horn. About 25 yards from the scene of the accident I saw the old man crossing Whitehall from east to west, some distance from a refuge, The accused slightly altered his course, I cannot say immediately, but very soon afterwards, and turned to the right slightly. As we approached deceased he suddenly quickened towards us, and the drier altered his course again to the right. About seven or eight yards from the accident he applied his brake, and the application of the brake and the slight turn of the car caused the car to skid, and in swinging round it knocked over deceased. Deceased was struck by the hind

part of the car, about the mud guard. No part of the front wing or front wheel struck deceased, of that I am confident I was sitting on the side nearest deceased, and I feel confident that if the car had not skidded the old gentleman would have been avoided altogether. I consider the pace of the car after we drew out of the traffic has been greatly exaggerated, and that the greatest speed attained, which was at the time of the accident, was approximately 15 miles an hour. It never struck roe that the foot passenger was in danger until he ran into us. The defendant having turned to the right, the car skidded, and it was the back of the car that knocked deceased over. If I had been driving myself I should have taken exactly the same step ss the accused took; I do not see that there was any other course to take.

Cross-examined. It was not necessary to slow down when we first saw deceased. I consider it is a driver's duty to slow down if there is danger of knocking people over who are crossing the road or if it appears that there is a risk of doing so. At the time we saw deceased there were no signs of any accident at all. At the pace he was walking across the road he would not have been near the car and would not have been knocked over, even by skidding, but he quickened his pace very suddenly and came into the car, which put the defendant into a more or leas difficult position.

The Recorder. Do you think the public have a right to cross the road in front of motor cars.

Witness. I always think the public have that right and that the other traffic should stop for them.

Further cross-examined. I have not driven very much in London, but I have driven in other towns—Manchester and Liverpool. My experience it that when people hear the motor horn they do not hurry up. but they look round and almost invariably step back; I have very seldom seen a case of a person rushing in front of a car. If I am startled myself by a motor in the street I always stop. It seems to come natural to one to do so. If deceased bad kept on at the same pace at which he was originally crossing he would not have met with the accident. I think we should have been several yards away from. him if he had not quickened. I am perfectly certain he was not knocked down by the near wheel of the car; I should say the front wheel was two or three yards from him. I have never been in this particular car before. I have never seen a car skid so badly as this when only going 15 or 16 miles an hour. I have seen cars turn completely round going at a less speed than this was, but that was where there were tramway lines, and whether they caught it or not I could not say.

  HUGH RICHARD PRESTON , manager of the Royal Albert Hotel Brighton. On the afternoon in question I was riding in the tonnesu of the car on the left-hand side. When the old gentleman was struck I should think the pace was not more than 16 miles an hour. When the horn was sounded deceased appeared to take no notice, but walked directly in front of the car. The car was turned slightly to the right when within 10 yards of the deceased, and then we went

on. When the brakes were applied the car skidded violently and knocked deceased down close to where I was sitting. I certainly thought deceased would stop. If the driver had tarned to the left he could have gone between deceased and the left-hand refuge. We were on our way to Brighton., going home. I noticed one or two people turning round to look at us, but I thought they were attracted by the sound of the horn; it has rather a fierce sound. It never occurred to me that they were looking at us because we were going too quickly.

  CHARLES JARROTT . I am an expert in motoring matters and have a show room in Great Marlborough Street. I have driven motor cars for about 12 years, and I wrote the chapter in the Badminton Book," How to Drive," and I also wrote another book on" Motors and Motor Racing," which was published about two years ago, dealing with the whole subject of motoring. I have not seen this car, but I know the type. I never met the excused before yesterday. Under the circumstances which have been detailed I should expect extensive skidding to take place if the car was suddenly stopped. Much would depend on the car itself and the road surface. The level surface would tend to increase the skidding, but it is possible to skid even on a dry macadam road in the country on turning a corner. The wooden pavement exposed to a great amount of traffic would get a polish. There is a greater tendency to skid with a long carriage body. I never heard of any rule of the told providing that driven traffic should pass behind pedestrian. One has to use one's own judgment. In the case of a vehicle coming across at right angles, whether you should pass behind it would depend upon whether the vehicle had the right to the road. If you are on the main road a vehicle coming out of a side road would have to get out of the way, but supposing it has got far into the main road, you would have to pass behind it As I understand the law, in the case of a pedestrian on the near side of the road, it would be open to one to drive either behind or in front of him as circumstances might dictate. I have no legal knowledge on the point, except the knowledge of a road-user for many years. I agree that in the case of a motorist overtaking traffic it would be desirable to sound the horn.

Cross-examined. I should say that in 50 or 60 yards, commencing with a speed of seven or eight miles an hour, it would be possible to get up a speed of 20 miles an hour within 50 or 60 yards. In the next 100 yards you would accelerate much quicker and ought to be doing over 40 miles an hour if the oar was running perfectly. I should think it would be quite possible to gain a gain of 25 or 30 miles an hour in a run of 150 yards or 200 yards. This was undoubtedly a bad skid, but I should think it could have occurred with the car going at a speed of only 15 or 16 miles an hour if the brakes were applied very suddenly. It it a thing that an experienced driver would be prepared for. The skidding would have been a serious matter if a fast vehicle, say, a motor cab, coming in the opposite direction had been run into. I agree that it requires a presence of, mind to drive these things in the public streets.

Re-examined. If a car skidded when going at 20 miles an hour I do not think it would upset if it went on skidding. If it goes on skidding it is safe. It is when the car stops that the tendency to upset occurs. If the surface was sufficiently smooth there would be no danger of upsetting. If the car had been going very fast I think it would have been upset when it reached the kerbstone. As to easing the car 25 or 30 yards from a crossing pedestrian. I think that is the course I should adopt. My first impulse would be to case the car until I had been to make up my mind definitely whether I could get torough. In this case the driver probably formed the opinion that he was safe in passing in front of the deceased and took the risk.

  BENJAMIN PERRY , Harlesden Gardens, Willesden, also gave evidence as to the accident. When he first saw deceased he was starting to cross the road and was looking straight in front of him. Witness was almost on a line with him. Deceased appeared to hesitate, and the accident happened almost immediately afterwards, deceased being struck by the hinder part of the car.

Captain MONTAGU WEMYSS SUART, retired civil servant, for 20 years in the Colonial Police, gave an account of the accident as he saw it from the corner of Charles Street.

(Wednesday, January 20.)

Verdict, Not guilty. The foreman expressed the desire of the jury to give prisoner the benefit of the doubt.

BEFORE JUDGE LUMLEY SMITH.

(Monday, January 18.)

 

  WARRINER, John (50, cook) ; breaking and entering the dwelling-house of   Frederick Thomas Clay, with intent to commit a felony therein; stealing bottles of spirits and other articles, the goods of the said F. T. Clay, and receiving the said property, knowing it to have been stolen.

Mr. H. R. D. May prosecuted; Mr. Wykeham Wickham defended.

  FREDERICK THOMAS CLAY , landlord of the "White Bear," 138, Kennington Park Road. At 12.30 a.m. on December 10 I had my house properly closed, and at 6.55 the same morning I found that the door at the end of the corridor had been forcibly opened and 50 or 60 boxes of cigars and 12 or 13 bottles of spirits abstracted. The bottles in Court correspond exactly with those missing from my cabinet. The dummy bottle is not mine. I lost also a towel or d'oyley (produced) which I identify by the laundry number. The tall bottles contain brandy and the shorter whisky.

Detective-inspector ALFRED BALL, K. Division. On December 11 I searched prisoner's house and found nine

bottles of assorted spirits, one empty "Three Star" brandy bottle in the back yard, and the tablecloth (produced) was handed me by the officer who was with me. Prisoner was upstairs. When I read the search-warrant he said, "You will find nothing here." When I told him of finding the property he said, "Well, you have found it; but I shall not tell you where I got it." When the tablecloth was being removed he said, "You need not trouble about taking that; it is my wife's." When I said he would be charged with breaking and entering the "White Bear" he said, "You can't do me for burglary; but you might for buying; for I am fond of a big shilling." On being charged, he said, "I went out early this morning to market, and bought the brandy and whisky. I did not ask any questions. The tablecloth was around the whisky when I bought it." The prisoner lives at 23, Marshgate Lane, Stratford—about seven miles from Kennington. Prisoner keeps a tea and coffee shop in a small private house.

  ALICE JENKINS , barmaid at the "White Bear." The tablecloth (produced) was on the cabinet the night before the burglary. I know it by this stain which it bears.

Cross-examined. I should not think that each branch of the Fife Laundry would use the same mark. I picked out the mark at the Police court, and said I was positive that it was the cloth.

  ALFRED EATWELL, cabdriver, , 26 Lansdowne Gardens, Lambeth, At 7.40 a.m. on December 11, in the Kennington Road, I saw prisoner and another man standing on the kerb with a him box similar to that produced. They asked me to drive them to Bow Bridge. I did so Prisoner gave me a cigar. The other man alighted at Bow Bridge, and I took the prisoner, with the box, to Marshgate Lane, Stratford. Eight days afterwards I identified him at the police station.

Detective-sergeant JAMES JEFFREY, K Division. On December 11 I Went to the "White Bear" public-house and found that it had been Burgiariously entered. I found this bow tie, similar to that worn by the prisoner. Subsequently to the police court proceedings I served a notice on the prisoner.

Mr. Wickham objected to the word "before" in the form of notice which the Police had been using for forty years, and submitted that this notice was given under The statute of 1866, repealed by that of 1871, which substituted "after" for "before. "

His Lordship. Certainly the word" before" was rubbish.

Mr. Wickham. Then I submit the notice was had. It has exhausted itself and It cannot be amended, seven days' notice being required. I therefore ask that it he ruled out.

Judge Lumley Smith: The precise defining at what period of the trial the mouth Should be given of intention to prove a conviction is obvioue surpi; but the Objection must be overruled.

Cross-examined. The whole of the property stolen was not found at the prisoner's house.

Detective JOHN MARSHALL, K. Division. On December 11 I found at prisoner's house a tablecloth (produced). On October 12, 1906, prisoner was sentenced to nine months' imprisonment in the second

division for receiving a quantity of electric cable which had been stolen. In the present case many other goods were missing besides those found with prisoner.

(Defence.)

  JOHN WARRINER (prisoner, on oath). I go to Billingsgate Market to buy my fish. On December 11 I arose at 5.30, lit three fires, washed, and went to market at six. I went on board one of the "Red-Cross" cutters—a fish-carrier running to the North Sea from Hull to collect fish—and saw an old shipmate. On board the cutter I got a dozen cigars, which are some of the cigars produced, and tobacco also, from the old sailors. Coming ashore with my friend I met another friend and we went into the only saloon in Billingsgate. Almost anything you can mention can be bought in Billingsgate, being kepi for the use of sailors. While in the saloon I was aceosted by a man with this whisky and brandy in two baskets, who asked me to bay the last eight bottles he had. Being near Christmas I bought them, after a little argument. I did not ask him any question, for I had bought of him three bottles of spirits on the first of the month. He had told me he was a traveller commissioned to sell this liquor. I bought what I thought were eight bottles of spirits; bat one of the bottles was a dummy got up for sale. I was cheated. I paid with money borrowed from my wife. When I bought the bottles the sailor took a cloth off the empty baskets and wrapped the spirits in it so that I should not break them. I had a market-bag containing fish. I took the fish out, put the liquor in, and bought another bag for 2d. to hold the fish. I asked a friend who had nothing to do to go over London Bridge with me. He carried the fish and I carried the liquor. We caught a tram at the Borough, got off at Lambeth New Baths or Lambeth Road, walked about 200 yards up Kensington Road to Walnut Tree Walk, and knocked at the door of No. 62, asking for a man named Fitzgerald. One of the lodgers appeared and I said I had come for a box which I had left there a fortnight earlier. He took the box off the landing and gave it to me. I opened it and placed in it the bag of fish and the bag containing liquor. This was about 7.30 in the morning. My friend and I carried the box to Kennington Road, where the cabman picked us up. I went home. My friend went part of the way with me and paid half the cab fare.

Cross-examined. The friend who came with me in the cab is, I think, at sea. His name is John Williams, not William Quick. I know William Quick. As to the cigars, I knew, without inquiring, where they came from. I did not buy them. They were given to me by a friend.

Re-examined. As to my conviction for receiving stolen electric cable, I cannot remember the date of the occurrence; but on one Saturday in May, whilst I was with my wife at the theatre, three men from the electric-lighting station put the cable in my place. They were hard-working men. I was sorry for them, and in order to be the means of saving their families from ruin I pleaded guilty to

receiving it. I knew that they had not come by it honestly. I advised them to take it back again, but they had not an opportunity. This conviction was about two years ago. I have since been living a respectable life. I did not take anything from the" White Beer."

Mrs. WARRINER, wile of the prisoner. On the morning of December 11 I gave the prisoner 30s. for marketing purposes. I have an independent income.

  HERBERT PAYNE , clerk, 62, Walnut Tree Walk, Lambeth. About 7.30 a.m. on December 11 prisoner called on me and asked for Mr. Fitzgerald, the lite landlord of the house, saying he had left a tin box with Mr. Fitsgerald. I gave prisoner a tin box which had been left in my charge to be called for. Prisoner put two parcels into the box.

Cross-examined. I had never known prisoner before. I did not investigate his right to the box. It was the only box there.

  FREDERICK LINIB , 212, Camberwell Road. I have been a jobmaster. I was in Billingsgate early in the morning of December 11. A man offered me something for sale. He had some bottled whisky and brandy in a fish basket, with something like a towel on top of the basket over the bottle. I did not buy. About a quarter of an hour after I left the man I went to have my coffee in the only public house in Billingsgate, and saw the same man offering something from his basket to two other men in the public house. I think the prisoner was one. The other was a dark man whom I have seen two or three limes in the market. Except on that occasion I had never seen the prisoner before. Reading of this case in the newspapers, it occurred to me that it might refer to the man whom I had seen selling bottles of spirits. You can buy pretty well anything at Billingsgate. Verdict, Not guilty.

 

  SMITH, William (28, dealer) ; having received five money-orders of the total value of £95 for, and on account of   Gertrude Clee; fraudulently converting the same to his own use and benefit.

Mr. Sands prosecuted; Mr. Burnie defended.

  GERTRUDE CLEE . For about nine months I have known the prisoner under the names of" Nelson" and" Scotch Willie," and have known also a man named Edwards, or Fournier. About the beginning of September I had some intention of going with a girl friend to South Africa. A gentleman friend sent me money to pay for the passages. The money arrived about September 15, in money orders for £40 and £10. and three £15 postal notes. The sender did not give me his address. I wrote to him at Kelly's Library, Shaftesbury Avenue, The two postal notes (produced) for £15 each are part of the remittance, and are payable at Port Elizabeth. The others were payable at Donald Currie's office. I changed my mind and did not go to South Africa. I gave those postal orders to Edwards, to whom I said that I was not experienced in money orders, asking could he do anything with them. He took them away with him and came back and told me he could not get any money for them. He said he had left them at the shipping office, and left the £40 order at the post office. I had given

him the orders about September 16 or 17. Next day he told me he could not get the money. I believed him to be acting straight forwardly, and did not take any steps to recover the money. About the beginning of November I happened to see Edwards. In consequence of something that I had been told, I saw "Scotch Willie," or Smith, at the Marlborough Police Court, together with Edwards. Edwards was charged at the court. I said to Smith, "Is it true that you have been to the shipping office and had some money belonging to me!" He said, "No. You can go to Donald Currie's office and see for yourself." Next morning I made inquiries at that office. I next saw Smith and Edwards together at the "Northumberland" public house Wells Street, on November 1. I asked, "What about my money!" and Smith said that he had some of my money and was willing to pay me back; that he had a cheque for £150 and would give me all the money I had if I met him in the course of a week. This (produced) is the cheque he showed me. This, I think, was on a Monday. I waited till next Friday, when he had promised to meet me, but he did not turn up. I went to Tottenham Court Road Police Station and book out a warrant for Edwards.

Cross-examined. I never saw Smith about this matter till I saw him outside the Marlborough Police Court. The orders were made payable to me and to a girl friend of mine, Herbert Ruding. She was known as "Miss Herbert." That was a nickname of hers. Her orders and mine were sent by special messenger to my address at 2, Bolsover Street. Edwards was not to go to Port Elizabeth to get the money. He told me that he had left some of the orders at the shipping office, and some at the G. P. O. It was true that he had left some at the G. P. O. Smith had told me that he had had some of the money and gave me 30s. I have been told that the 30s. was only a commission for doing this business on behalf of Edwards. I wrote to Smith on December 13 that I believed Edwards had given him a few pounds to do this business. I had been told that.

Re-examined. I wrote to prisoner at the request of some of his friends, whom I met in a public house, thinking that, if I wrote in a friendly strain, he would let me know where the money was. About six or seven people were present, all women except one male friend of the prisoner. They told me that "Scotch Willie" was innocent, that he had not had any of the money, and asked me to write to cheer him up.

Detective-sergeant FREDERICK WEST, C division. At 4 p.m., on December 10, I saw the prisoner walking in Oxford Street with another man. Knowing that a warrant had been issued for his arrest, I caught him by the shoulder. He turned round, and before I could say anything, said, "What are you arresting me for? Is it through Gertie Clee?" I said, "Yes," and then put him in a cab. On repeating the charge to him he said. "For God's sake, let me go, Sergeant West. Do not take me. I will give you £50 to let me go." He took from his tie a diamond pin, and said, "I will give you this as well. I would rather you had it than Arthur Newton." He said further, "It is no use denying it; I got the orders changed. Fournier

had his "corner,' and Briggs—a man I know as Ruding—had his. I wrote to the G. P. O. and the shipping office. The order that was sent to port Elizabeth was made payable to Ruding, but we got it cashed. It was Briggs who went to Tunbridge Wells and wrote the letter as though it came from the 'cam'—that meant the gentleman who had sent the money; the 'mug.' That letter authorized us to get the money. I am sorry now that I had anything to do with it. If it had not been for Fournier I should have acted straight to the girl." Prisoner was searched, and I found this letter relating to the cheque already produced. Shortly afterwards the inspector at the police station handed me that cheque, and the following morning, at the police court, I had the cheque and letter in my hand when the prisoner said, "That is my cheque; I must have left it in the cab." I well know by sight the man Edwards, who is prisoner's companion.

Cross-examined. I know well the man Briggs mentioned by prisoner. I know Briggs as Hebert Ruding also.

Re-examined. For the last eight or nine years I have know Briggs by about four names, of which Ruding is one.

Sergeant HENRY FARRANT, D Division. I hold the warrant for the prisoner's arrest. On hearing the warrant read, he said, "I did not have all the money. I saw Mrs. Clee last night, and she told me she had heard that I did not have it all. The others have most of it. "

  HAROLD TALLING , clerk to Donald Currie and co. and the Union Castle Line, head office, Fenchurch Street. On September 18, prisoner and another man whom I cannot describe, came to my office and said they wished to book a passage in the as. "Tintagel Castle," sailing on the 26th. They filled up the necessary forms (produced) and the indemnity required by the Caps authorities. Prisoner signed as William Nelson, and the other man as John Edwards. The passage-money for each was £12 12s. and they gave me two money orders, one for £40 and the other for £10. I passed them through the bank in the ordinary way. They said they wanted to travel third class instead of second, and asked that the difference should be refunded. I said, "We can do so when the orders have been passed through the bank and paid by the post office." I issued the passage tickets.

  HENRY JAMES SMITH , clerk in the Union Castle Line office, Fen-church Street. On September 23 I received a telephone message: "I am Nelson. It is no use my friend or myself going to South Africa." I told the speaker to write a letter setting out the fact, and on the next day I received a letter (produced) dated from 19, Nott Street, Marylebone Road. After some additional correspondence, I received a letter dated Tunbridge Wells, September 29, signed "F. Hill," authorizing the refund, which was made, less 10 percent.

  CHARLES HAMMOND , clerk in the office of the Union Castle Line, Fenchurch Street. On October 2 prisoner called at my office, presenting a refund note, for which the assistant cashier handed him £22 13s. being £25 4s. less a charge of 10 per cent. For refunding.

  WILLIAM DODSWORTH , clerk in the Money Order Department, Queen Victoria Street. I produce two postal orders which have been cashed,

and some money orders numbered 40438/9, headed "Port Elizabeth" and issued at that place in lieu of money orders 30378-9-80, payable there. The three orders issued from Throgmorton Avenue total £45, and the orders brought back from Port Elizabeth £44 7s. 7d. the difference representing 12d. poundage on the new orders, 4d. registered letter fee, and a penny for ordinary postage. On September 18, being on duty at the inquiry office, I saw the prisoner enter with two companions. He asked that a cable message might be sent with the three orders from Throgmorton Avenue, so that the orders could be paid in London. One of the men signed the application as Rawdin, as if he were the payee. I told him thav before we could pay we should have to obtain the sanction of the remitter. Both prisoner and Rawdin told me that would be impossible, as the remitter was a gentleman of means travelling about, and having no permanent address. I remarked that this was curious, and that we should have to make inquiries. They left the orders with me, and by instruction I told the applicants that we could not pay as matters stood. I asked them for the remitter's letter, which they refused to give up, saying that it referred to private matters. Prisoner said this first and Rawdin repeated it after him. On the following day the office sent a printed letter to the remitter, 54, Shaftesbury Avenue, but did not get any reply. On September 23, Rawdin came back and said he would be returning to Cape Colony. The orders were then banded back to him, and the amounts advised.

  CHARLES FREDERICK HUDSON owner of 19, Nott Street. Marylebone. Prisoner has lodged in my house for about three months, arriving on September 7. I knew him as Rawdin, and another man who lived with him I knew as Smith. I remember my wife taking in a registered letter. This is her handwriting; the date is November 7. On the same day prisoner and the other man left the house.

Cross-examined. Prisoner I knew as Rawdin, not as Smith. Verdict, Guilty of larceny.

Sergeant FREDERICK WEST said the prisoner had been twice convicted in Scotland, and had been sentenced in England on Novemher 24, 1898, to six months, and on September 5, 1899, to twelve months' imprisonment. Prisoner was a most despicable character. He and two others had attempted to blackmail the gentleman mentioned in the case, who had committed suicide owing to the threats of prisoner and two companions.

Sentence, Two years' hard labour.

BEFORE THE RECORDER.

(Wednesday, January 20.)

 

  BRESENHAM. Patrick (33, labourer), and   BURKE, Edward (36, labourer); both robbery with violence on   Michael Beston and stealing from him a purse, a pawnticket and the sum of 3d. 6d.

Mr. Swinburne prosecuted.

  MICHAEL BESTON , labourer, 28, Broad Way Charmers, Deptford. On January 1 I met prisoners between 12 and one o'clock in the "Fountain" public-house. I knew Burke well, but the other prisoner only by sight. In the "Fountain" I asked Burke to have a drink and called for three ales. From there we went to the "Druid's Head," Church Street, Deptford, where we were refused drinks. Having been refused we went to the "Centuries" at the corner of High Street, Deptford, and had four or five drinks, for which I paid. We were in there about an hour. From the "Centurion" we went to the "Duke of Cambridge" and had a drink there. From there we went to the "Regent," and finally arrived at the "Oxford Arms," where we were again refused. We were all drunk. I then went to the urinal to make water. Burke followed me cut and Bresenham followed Burke. In the urinal Burke pulled me down and Bresenham pulled the pocket out of my trousers and went through my pockets. I had 3d. 8d. in money, a purse, and a pawnticket. I was not hurt. They ran away, leaving me on the ground, one going in one direction and the other in another. I went home after that, and an hour and a half afterwards went to the Greenwich Police Station and informed the police. Prisoners were brought in about a quarter of an hour afterwards. While I was telling the inspector the charge Bresenham used obscene language and threatened to shoot me if he went to prison over me and called me a f——g bastard. Burke said nothing to me or when he was charged.

  HENRY ANDERSON . I am a hand working on the "Band of Hope" barge at Deptford. About four o'clock on January 1 I was standing in Church Street, outside the "Oxford Arms." I saw the two prisoners and prosecutor coming up Church Street together, all the worse for drink, prosecutor being a little worse than prisoners. I heard them call for drinks, which were refused, and they went outside and all three went into the urinal. The next I saw was prisoner Bresenham coming out of the urinal, which belongs to the Borough Council. He was followed by Burke and they went in different directions. When prosecutor came out I noticed that his trousers pocket was torn out on the left-hand side. He said something to me and went in the direction taken by the prisoner Bresenham. I did not see any woman there, I could not say whether prosecutor's pocket was torn out before he went into the "Oxford Arms. "

Detective HENRY HELBY, R Division. On January 1 I was prisoner at Blackheath road Station. He showed me his trousers and I noticed that the pocket had been torn away. I also noticed that his back was covered with slime. In consequence of a statement made to me, I, in company with Sergeant Tarbard, arrested the two prisoners. I saw Bresenham in a public-house in High Street, Deptford, and said to him, "I shall arrest you for being concerned with Burke in robbing a man in a urinal Deptford." He said, "It was not me that fetched his money. It was that one-eyed cow that he was with." He was taken to the station, and, on being charged, said to prosecutor. "I will f——g well kill you, you bastard." His language was very coarse all the time. I searched him and found nothing on him.

Detective-sergeant HARRY TARBARD. I went with last witness to arrest Barke. I told him I should arrest him for being associated with Patrick Bresenham in robbing a man in a urinal in Church Street that afternoon. He said, "I did not have his b—money." I took him to the station where he was charged. Nothing was found on him. He was sober. Prosecutor who had been drunk but was then sober repeated his statement in the presence of the prisoners. Burke said, "I will shoot you if you get time. If I get time I will shoot you when I come out," and was very violent in his manner.

Verdict. Not guilty.

The Recorder agreed that there was not sufficient evidence. Prosecutor was evidently beastly drunk and his evidence was not to be relied on.

ESSEX CASES.

BEFORE THE RECORDER.

(Tuesday, January 12.)

 

  QUICK, Thomas (30, labourer), and   COWLEY, John (28, labourer), both pleaded guilty of burglarly in the dwelling-house of John Farrow Gentry and stealing therein one jacket and one handkerechief, his goods; and breaking and entering the Upton Cross Schoolhouse and stealing therein one poker, one pair of shoes, and certain money—to wit, the sum of ls. 2d., the goods and moneys of the Mayor, Aldermen, and Burgeases of the County Borough of West Ham.

Both had been previously convicted.

Detective-sergeant William Brown, K, stated that prisoners did no work and were habitual criminals, their occupation being breaking into public-houses. Some 20 burglaries in public-houses were attributable to them, and in nearly every case they had poisoned the dogs.

Sentences: Quick, Three years' penal servitude; Cowley, 20 months' hard labour.

BEFORE MR. JUSTICE GRANTHAM.

(Wednesday, January 13.)

 

  KNOCK, Ada Jane (39) , indicted and charged on coroner's inquisition with the manslaughter of her son.   Bertie Knock , pleaded guilty.

Mr. Travers Humphreys prosecuted.

Mr. Justice Grantham said this was a very sad case. It appeared that the little boy, the son of the accused, was a little troublesome while he was doing some work, and she picked up a piece of iron and threw it in his direction, hawing no intention of hitting him; it would not have hit him if he had not dodged. Apparently he got

Over it and went to school. Some days afterwards, however, he became ill and died, whereupon it was found that his brain had been injured. His Lordship was certain that the accused had no idea of doing any harm to the child and that it was quite unintentional on her part. He passed upon her a nominal sentence of one day's imprisonment, which would entitle her to be at once discharged.

 

  HORSNELL, George (47, labourer), and   HORSNELL, Elisa, were indicted for and charged on coroner's inquisition with the manslaughter of   Phyllis Bernice Horsnell.

Mr. Symmons (with him Mr. Bodkin) prosecutes.

  MARTHA WERN , 122, Beckton Road, Canning Town. I belong to the sect known as the Peculiar People; my husband is a minister of the sect—that is to say, he preaches. I have had no medical training, but I go among the sick, offering any comfort and advice that I can. On November 29 I called at prisoner's house and saw their little girl, Phyllis Bernice, aged four; she and two other children were suffering from measles. I told female prisoner that the child should be kept warm and given a light diet. On the Sunday following I again called; the child then had bronchitis; I saw George Horsnell and told him I thought the child needed great care. He asked me to get my husband to call, so that the child might be anointed and prayed over. On December. 8 I again saw the child; she had pneumonia; I put on to her hot oil flannels and so on; I prayed, and there was a change of out sect, Mr. Moore, should be sent for, and he came. I did not suggest that a medical man should be sent for. On the 17th I called again; the child was dying. I asked female prisoner whether there was anyone else she would like to send for. By that I did not mean a medical man. If God thought the child should be spared that would happen; we had done all we could. On the 15th there was a special prayer meeting at the house; Moore was present to pray. He is a labourer. I do not assume that he had any power over the child's life; he is simply one of our elders and ministers. There is nothing in our beliefs to prevent one senting for a doctor; everybody is free. My husband is employed, as is prisoner, at the Gas Works; there is free medical attendance for all the employees.

To George Horsnell. I have known you for 30 years. You have been a good father to your children.

Police-constable GEORGE ASTMAN, K 73. On December 17, at 7.15 p.m., I saw the male prisoner at Plaistow Police Station. He said, "I've come to report the death at 3.30 p.m. to-day." I said, "Has she been seen by a doctor!" He said, "No: we do not believe In doctors, owing to our religious belief" I said, "Have you any idea what the child died from?" He said, "She was seized with measles on November 30, but I believe other things set in." I then communicated with the divisional surgeon.

  ANGUS KENNEDY , divisional surgeon. On December 17, about 7.30 p.m., I went to 17, Fisher Street; the child had then been dead some hours. On the following day I made a post-mortem examination. I found the right pleural cavity was full of fluid; both lungs were affected with bronchial pneumonia; there was nothing the matter with the heart, but there was an ante-mortem clot in it, indicating a very slow death. The cause of death was pleural effusion following on bronchial pneumonia. Had medical aid been called in, it would have been quite a simple matter to remove the fluid by tapping; that treatment would undoubtedly have prolonged the child's life and might have saved it.

To George Horsnell. I saw no sign of neglect about your house. I cannot say for how long the child's life would have been prolonged had medical aid been called in. I know of no drug that would cure pneumonia. The tapping treatment 1 refer to would remove the fluid.

To Eliza Horsnell. The child appeared to have been well cared for. Bronchial pneumonia is a common result of measles. I agree with Professor Osler that "there is no specified treatment for pneumonia; any drug treatment for pneumonia in ineffectual." At the post-mortem examination there was no other medical man present but myself. I am certain that in these cases life would be prolonged by the removal of the fluid. I have no doubt that you observed all the ordinary precautions as to cleanliness, comfort, warmth and so on.

Police-constable JOSEPH MORRIS, K 67, coroner's officer at West Ham, said that he attended the inquest of the child on December 19; both prisoners, after being cautioned, gave evidence; witness produced their depositions, which were read. From these it appeared that another child of the prisoners' died in February, 1901, from double pneumonia; no doctor was called in. There was an inquest, but no prosecution ensued.

Detective-sergeant WILLIAM BROWN, K Division, deposed to arresting prisoners at the close of the inquest on December 19.

Inspector ALFRED BALL said that on December 19, at Plaistow Police Station, prisoners were formally charged with manslaughter; they made no reply.

(Defence.)

  GEORGE HORSNELL (prisoner, not on oath) said that he had an honest belief in God. He believed that God was sufficient for himself and his children. When our present King, then Prince of Wales, was apparently dying from typhoid fever, there were special prayers for his recovery and he recovered. The Bible taught the efficacy of prayer. The last act of our Saviour was to lay hands on the sick.

  ELIZA HORSNELL (prisoner, not on oath) pointed out that there was no evidence of neglect of the child, and protested that she and her husband had acted conscientiously according to the word of God as in the Bible.

Mr. Justice Grantham, in summing up, referred to the similarity of this case to that of R. v. Chisholm, tried before him in November,

1906 (see Vol. CXLVI., p. 145), and that of R. v. Adcock in June, 1906 (see Vol. CXLV., p. 49). At to the male defendant's arguments with regard to the offering of prayers for the recovery of the King when Prince of Wales, his Lordship said that as far as could be known the life of the King, was saved by the great care and skill shown by his medical attendants; it was idle to say that he was saved not by medical aid, but only by prayer. He did not say that the highly respectable class of people to which the defendants belonged were wanting in intelligence, but they had little education of the world, and most of them had not had an opportunity of seeing the effect of various phases of life and what was done by doctors. They put their narrow interpretation on particular passages of Scripture, without taking notice of the effect of other texts. They preferred to see their children die rather than sacrifice a pet hobby.

Verdict, Guilty.

Mr. Justice Grantham, in passing sentence, said it was shocking to see people glorifying in their obstinacy. It was wicked to let a child die if by taking me ordinary precautions which God had given the power to take—namely, to call in a doctor, its life could be prolonged. Each prisoner must go to prison for Three months, with hard labour. It was not usual to send a woman to prison where there was reason to suppose that she had acted under the influence of her husband, but in this case the woman seemed to be every bit as bad as her husband, if not worse.

BEFORE THE RECORDER.

(Wednesday, January 13.)

 

  SWEETMAN, Thomas, otherwise John Hart. (39, labourer), and   OWEN Oswald (25, painter) , both attempting to break and enter the shop of the   Home and Colonial Stores, Limited, with intent to steal therein.

Sweetman pleaded guilty.

Mr. Austin Metcalfe prosecuted.

  ERNEST WOODCOCK . I am manager to the Home and Colonial Stores carrying on business at 60, Stratford Road. On the night of Thursday, December 17, I left the premises at 9.5, and locked them up, that being the usual hour of closing, the shop was stocked with provisions. When I looked up there was an old mark of a chisel on the door. On the morning of the 18th I examined the outside of the shop and found two fresh marks made by a jemmy or some such instrument. There are two locks to the door, and these marks were near the top lock.

Police-constable CHARLES MANNING, 414 K. I was off duty in plain clothes about 9.30 p.m. on December 17, in the Plaistow Road, where I saw prisoner Sweetman with another men, not prisoner Owen. I kept them under observation. They went to the corner of Libra Road in Stratford Road. Sweetman crossed the road and examined the

door of the Home and Colonial Stores. Then he returned to his companion and they went away. I saw nothing more of the other man that night. I afterwards saw both prisoners about 50 yards from the door of No. 60. After they had spoken together for some minutes Sweetman went across to the door again, remained there about half a minute, came back and rejoined Owen. The latter then went into the "Libra" public-house and Sweetman kept on walking in front of the Home and Colonial premises on the opposite side of the way. Owen came out of the" Libra" when the house closed, rejoined Sweetman, and they conversed for about a minute, after which Sweetman went over to the door again. I next heard a sound like the breaking of wood, and Sweetman instantly left the door and walked over to Owen. They went down, the Libra Road, Sweetman being in front and Owen five yards or six yards behind. I went up to Sweetman and spoke to him. I spoke rather loud, and I should think Owen, who was coming up behind could hear what I said. I asked Sweetman," What were you doing in that door?" He replied:" You might have left it a bit longer. We should have had something to eat then." I pulled a screwdriver from his right sleeve and then arrested him. I shouted to another officer with whom I had communicated, and he came and arrested Owen. The officer was in uniform, but had borrowed a cost and cap in order to conceal it. The screwdriver I took from Sweetman was broken at the end, and the broken piece was found embedded in the wood of the doorway.

Police-constable EDGAR GRACE, 276 K. At quarter-past 10 on the night of December 17 I was on duty in uniform in Stratford Road. In consequence of something that was said to me I exchanged my helmet and coat for an old overcoat and cap. I then returned to Stratford Road and kept observation upon prisoners. Owen after conversing with Sweetman, went into the "Libra" public-house, and came out at 11 o'clock. At 11.10 Owen was walkins smartly down Libra Road. Hearing last witness about I ran up and arrestted Owen on the charge of being concerned in an attempted burglary at 60, Stratford Road. He said, "I am not in this job. I was only watching Hart (Sweetman)." When Sweetman was at the door of No. 60 Owen was not more than eight or 10 yards off, and he could see as well at I could what Sweetman was doing. Owen was almost facing the door. I heard a noise at the door when Sweetman was there. Owen was much nearer to Sweetman than I was.

(Defence.)

Prisoner OWEN put in a written statement setting forth that on the night in question he was sitting at home wife his wife when she asked him to go to the top of the street and have a drink. He assented, and opposite the" Libra" he met Sweetman, who asked him for a match. Sweetman then told him he was waiting for another man, and what they were going to do, and he advised Sweetman not to have anything to do with the matter. He and his wife then went into the "Libra" to have a drink and stayed there till 11 o'clock.

When they came out Sweetman was still standing outside. His wife said, "I will go and get some fish for supper; wait for me." While he was waiting Sweetman walked away from the Home and Colonial Stores. There was a policeman waiting for him about 20 Yards down the street, who caught hold of him and shouted out. The other con-stable came running round the corner and arrested him and he (prisoner) at one said he had not anything to do with it.

  THOMAS SWEETMAN (prisoner, on oath). Prisoner Owen was not concerned with me in this attempted burglary.

To Mr. Metcalfe. When I went over to the door of No. 60 Owen was standing at the corner of the street. He did not know then what I was going to do. It was not till after I had asked him for a match that he knew about it. Owen is not a friend of mine, but knew him personally. I have known him two or three years.

Mrs. OWEN, wife of prisoner Owen, was also called, but did not answer.

Verdict, Owen Not guilty, the Jury thinking the evidence insufficient.

Detective-sergeant CLEVELAND stated that Sweetman is a general labourer when he does any work, which is seldom. In 1895 he was sentenced to six months for burglary, in January, 1900, six months for stealing a watch, and he has been twice convicted under the Prevention of Crimes Act.

Sentence, Twelve months' hard labour.

BEFORE JUDGE LUMLEY SMITH.

(Wednesday, January 13.)

 

  SULLIVAN, George, otherwise John Knock (18, actor) ; stealing the sum of 1 1/2 d. in money; unlawfully assaulting and beating   Charles Howard, with intent thereby to resist the lawful apprehension of himself.

Mr. Metcalfe prosecuted.

  CHARLES HOWARD , porter Great Eastern Station, Maryland Point. On the night of December 29, after the last train had arrived, I was in charge and the only person on the platform. At 2.45 a.m., when in the porters' room, I heard coins drop on the platform, and, on going out, saw two men creep on their hands and knees into the general waiting-room from the place where the collection-box of the London Hospital hung on the wall. They stayed in the waiting-room for about an hour. I followed them in and asked them what they were doing. Prisoner, who was one of them, answered, "I have come to have a 'kip,'" meaning a sleep. They said they had arrived in the last train from Forest Gate. While talking to them I found that the box had been tampered with. I closed the door on them and walked up and down outside it, being unable to communicate with anyone else without giving them an opportunity of getting away.

Some time after they came out. I took them into a booking-hall and slammed the door, so that they could not return to the platform. While I was calling for a clerk whom I thought was in the booking-office, one of them escaped by climbing over the gates. Prisoner attempted to escape in like manner. I pulled him back, had a prolonged struggle with him, and eventually gave him into the custody of a constable. Prisoner bit me on hand and arm. The collection-box produced had been broken at the bottom. Underneath it on the platform I found 3 1/2 d. To find the coins on the unlighted platform one would have to go on hands and knees.

Police-constable HENRY TOWILLS, 787 K. About 4.15 on the morning of December 30 I heard an alarm-bell ring in Maryland Point Railway Station, and, on being admitted to the booking-hall, found the prisoner detained by the last witness. Prisoner said he had come to have a "doss." When Howard said prisoner had broken open the collection-box on the platform prisoner replied, "What the—I has that to do with you? It is not your money." At the station I found on prisoner 1 1/2 d. and a small comb.

  WILLIAM THOMAS ARDLEY , porter, London Hospital, identified the collection-box.

(Defence.)

  GEORGE SULLIVAN (prisoner, on oath). We came from Forest Gate. I gave my mate my ticket. He lost his and mine. We did not like to go on the platform without a ticket. We slept in the station all night. One of us dropped 3 1/2 d. I did not break open the box.

Cross-examined. My mate's name is Charles Wright, of 73, Marcus Street, Stratford. We remained in the waiting-room from 12 to three, when we came out and saw the porter, who cannot have seen us crawling on our hands and knees outside the waiting-room. He saw us on the floor inside. Just after three we heard a porter come out of a room. My mate went on the platform and dropped 3 1/2 d., probably by accident. I ran away because I thought I should be charged with sleeping on the station. I admit biting and struggling with the porter.

Verdict, Guilty.

  ERIC WALTER GORGONA , assistant divisional surgeon. Howard was severely bitten on the left hand and upper part of the arm, and had three bruises on the left side of the head.

Convictions proved. July 31, 1908, four months' hard labour for stealing a bicycle; February 6, 1903, sent for four years to a reformatory for stealing a contribution-box; August 26, 1907, three months' hard labour for loitering; January 7, 1908, four months in the name of James Wright as an incorrigible rogue.

Sentence, Five months' hard labour for stealing; five months' hard labour for assault; sentences to be cumulative.

BEFORE THE RECORDER.

(Thursday, January 14.)

 

  ROBERTSON, Alexander (36, accountant), and ROBERTSON,   Esther (his wife), both having the custody of   Dorothy Robertson,   Cyril Robertson,   Vernon Robertson,   Rupert Robertson,   Muriel Robertson,   Eric Robertson, and   Lawrence Robertson, children respectively under the age of 16 years, did neglect them in a manner likely to cause them unnecessary suffering and injury to their health.

Mr. Clarke Hall, prosecuting on behalf of the Society for Prevention of Cruelty to Children, said the case was largely due to poverty, the father, who has hither to borne a good character, having been out of work for some time.

The Recorder sentenced prisoners to three days' imprisonment, entitling them to be immediately discharged.

BEFORE JUDGE LUMLEY SMITH.

(Thursday, January 14.)

 

  POPE, Frederick Joseph , forging a certain writing purporting to be a certificate and testimonial of the good character of   Henry W. Whiting, with intent to defraud.

Mr. H. D. Roome prosecuted.

  WILLIAM JOHN WEBSTER , partner in Webster Bros., 73, Moorgate Street, London. In May, 1908, a man named Whiting asked me for employment. I employed him temporarily but asked for references, sad in consequence of what he told me I wrote letter produced, addressed to Mr. Elliott, 69, Markhouse Road, Walthamstow. The letter was sent back to me with one corner turned up and bearing a reply:" Yours of the 3rd inst. to hand re P. W. Whiting. I have always found him strictly honest and sober, and a very energetic worker. He leaves at his own request. I am sorry to lose him.—Tours truly, George Elliott." Consequently, I retained Whiting in my employment; but on November 4 he was convicted of embezzling moneys of my firm, and was sentenced to one month's hard labour. Oh that day prisoner saw me outside the police-court, and said:" I am very sorry I wrote that letter. "

Detective EDWARD MARRIOTT, City Police. While in charge of the case against Whiting I called on prisoner at Walthamstow, who admitted having written and sent to Webster Bros. the testimonial to Writing. Prisoner said:" I have known Whiting for some months put, having met him in a public-house at Walthamstow. One Sunday morning he came to my house and said to me, I have a good job; they want a character; will you give me one?' I said, Yes; I don't mind. 'We then adjourned to a public-house where Whiting produced the letter from Webster Bros., which he folded across; and From his dictation I wrote what now appears on the back of it, signed

'George Elliott. '" I went to the premises, 69, Markhouse Road—a tobacconist's shop, where letters may be left till called for.

Cross-examined. You may have said you adjourned to a club instead of to a" pub. "

  JOHN DALE , 53, Scott's Road, traveller for Tait and Son. Coal merchants, Walthamstow. Prisoner is employed by my firm as a traveller or canvasser. I do not know him as a grocer. I remember his telling me that he had to appear at the Guildhall as a witness against a man named Whiting, for whom he had given a false character.

Cross-examined by prisoner. You said you had written at his dictation a copy of a reference for him.

Sergeant HORACE CASTLETON, N Division. On November 11, at Walthamstow, I served copy of summons on defendant. He said:" I wrote that at his dictation. I never knew what was in the letter. It was one of their billheads folded over like that. I never intended to defraud. I never had a farthing. "

(Defence.)

  FREDERICK JOSEPH POPE (prisoner, on oath). About 12 months ago I met the man Whiting, and our acquaintance continued in a casual manner. We were not bosom friends; only acquaintances. In June last he called at my house and asked me to go for a stroll. We went, and I invited him into the Gardeners' Club, of which I was a member. While there he produced a letter, and asked me to write on the back of it a copy of a reference for him, at the same time producing another letter from which, at his dictation, I wrote on the back of the letter which he had received from the Messrs. Webster, the matter which there appears. I did not know the contents of the letter from the Messrs. Webster, or from whom it came, or to whom it was going or for what purpose it would be used.

Cross-examined. I did not see the other letter. I wrote at his dictation. I am 43 years of age. I saw the name of Webster Bros on top of their letter.

  HENRY WILLIAM WHITING , carter, 21, Netley Road, Walthamstow. (To prisoner.) One Sunday night in June last I called at your house We went for a stroll, and you invited me into the Gardeners' Club. Walthamstow. I asked you if you would copy for me a letter of recommendation, and you said, "Yes." You did so at my dictation. I produced the letter now in evidence, and handed it to you folded You wrote on it, gave it to me back, and I posted it. While at the Messrs. Webster's I got a month's imprisonment.

Cross-examined. I was temporarily employed by the Messrs. Webster till I could produce a" character." I admitted at the Guild-hall that the reference purporting to be signed by" George Elliott" was false.

  GEORGE MULLINGER , attendant at the Gardeners' Club, Walthsmstow. On a Sunday evening in last June I noticed prisoner and Whiting at the club. Whiting pulled some papers out of his pocket and read to prisoner, who wrote apparently from dictation.

  JOHN DALE , recalled, gave prisoner a good character.

Verdict, Guilty.

Conviction proved. August 24, 1906, six months' imprisonment, second division, for housebreaking.

Sentence, Three months' imprisonment, second division.

BEFORE JUDGE LUMLEY SMITH.

(Friday, January 15.)

 

  BULMER, Joshua (51, labourer) ; unlawfully assaulting   Jane Bulmer, and occasioning her actual bodily harm.

Mr. Metcalfe prosecuted.

  JANE BULMER , 47, West Road, West Ham. I am the wife of the prisoner and was married to him five years ago last November. On December 26, at 6 p.m., my husband and I were in our kitchen, he being asleep in a chair. I went towards the cellar for some coal. On reaching the second stair of the cellar I felt a knife at my neck. In guarding myself I got cut on the wrist Only a mark appeared on my neck. My husband said, "You cow! Now I will do for you." I called out to a young woman, Helena Norton, who lives in a back room, and got up the three stairs to her door. Prisoner caught me, but she got me into the room. He followed ma and struck me several times with his fists. Florence Norton, who shares the room, went to get my hat and coat and opened the street door. Nell followed me out, and kept my husband from me, who said, "You shan't go out of this house alive to-night." I ran into the street and my husband struck me in the face at the gate. Mr. Harding, a neighbour, came to my assistance. Then my husband struck me several times in the face, knocking me down in the road, and kicking me. Mr. Harding came with me to the hospital. After that I was taken to my brother's. I have since been treated at home, and have been three times at the hospital. The cause of the trouble is drink.

To Prisoner. The mark on my neck and cut on my wrist could not have been made with your finger nails.

  HELENA NORTON . I am a single woman, living in the same house as the prosecutrix. My sister and I occupy a room on the second door. On the evening of Boxing Day I heard Mrs. Bulmer cry out," Nell, Nell! he is trying to choke me." I opened my door and she entered the room. I saw a mark on her neck. Prisoner followed and struck her several times in the face. He then left the room and told me to send her out. My sister, Mrs. Bulmer, and I tried to leave the house. Prisoner, who was in the passage, went to stop Mrs. Bulmer. I got between them. She ran into the street. My sister and I went up to the top of the street, but hearing screaming, came back. I then saw prisoner knock down his wife by punching her in the face. We picked her up and took her to my sister-in-law's, No. 21 in the same street. I did not see any kicking. Mrs. Bulmer showed me her wrist, which was not bleeding much. The wound was

just a scratch, looking as if caused by a knife. The wound on her neck was just a gash by a knife.

  FLORENCE NORTON corroborated the evidence of the previous witness.

  JAMES ALEXANDER CURRELL , house surgeon, West Ham Hospital Prosecutrix, when brought to the hospital on the night of December 26, was suffering from contusions of the lower ribs on the left side, two superficial marks on the upper part of the left side of the neck, and a mark on the anterior or front aspect of the wrist. The superficial wounds were very trivial, and were probably caused by a knife, not used with violence. The contusions were not serious. At my request she came again, that I might see how she was. My attention was not called to any bruises on her face.

Detective-sergeant FREDERICK CLEVELAND, K Division. On December 27 I arrested prisoner on a charge of attempted murder, and told him he might be further charged with another assault. The Grand Jury threw out the more serious charge. Prisoner denied having had a knife in his hand. I found in the house the butcher's knife (produced), which, according to Mrs. Bulmer, had been used as a bread knife. On the way to the station prisoner said, "This is all over a bit of food. I asked her to get me something to eat. She started calling me dreadful names. That man Harding is always with her, ever since he left the army. She was all right till he came home.

(Defence.)

  JOSHUA BULMER (prisoner, on oath). I am a bricklayer's labourer. On Boxing Day I came home about three or four in the afternoon. Usually, when I have been home for half an hour, the wife wants to put on her things and go out, or somebody sends for her from two or three doors lower down. She goes in there and stops, perhaps for an hour, and comes out and starts grumbling and kicking up a row. I do not know anything about her going down the cellar for coal. She said she was going out and that I was not going to stop her, because she did not care for me; she would do what she liked. She went to put her things on and I said, "You are not going out of this." She said, "I am, and you won't stop me." One word brought up another, and then I struck her several times. But I never had a knife in my hand, so help me God! I may have scratched her neck when I caught hold of her to prevent her putting her things on. I did not knock her down; she fell down. She may have bruised her ribs in the kitchen or against the table.

Verdict, Guilty of common assault, with great provocation.

Detective-sergeant CLEVELAND. Prisoner bears a good character, though he sometimes takes a little too much drink; but from what I can gather the woman is the cause of that.

Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.

 

  ANDREWS, Joseph (30, shoemaker) ; unlawfully, by threats, procuring   Florence Maud Garrett to have carnal connection with him.

Mr. Warburton appeared to prosecute.

Prisoner had attended on the first day of the Sessions, but did not now surrender to his bail.

The case was put into the list for Monday.

(Monday, January 18.) Defendant again failing to appear, his recognisances were estreated.

HERTFORD CASE.

BEFORE THE COMMON SERJEANT.

(Tuesday, January 12.)

 

  EAST, John, otherwise John West (62, no occupation) pleaded guilty , of feloniously having in his possession 10 moulds in or upon which were impressed the figures or resemblances of both of the sides of 10 shillings, and four moulds in or upon which were impressed the figures or resemblances of both of the tides of four half-crowns: committing an act of gross indecency with   Edward Charles Stillwell .

Mr. Wilkinson prosecuted.

W. J. WEBSTER, Inspector of Coins, H. M. Mint, stated that the coining apparatus found at prisoner's room was one of the largest and most complete that had been found for many years. There were 14 single moulds, 10 for shillings, and four for half-crowns; 14 half-moulds for florins, a number of broken moulds, and various denominations and dates; a large number of brushes and other coining implements, and a complete Bunsen's Battery; 779 bad coins—684 shillings, 55 florins, 27 half-crowns, and 13 sixpences—most of them very roughly cast. The moulds were well made.

Sergeant WILLIAM WHITE stated that he had reports of seven cases in all against prisoner of indecent assault, and proved the following convictions: In 1888, 12 months' for indecent assault; November 7, 1890, seven years and five years' penal servitude for forgery and wounding; 21 months' at Liverpool for gross indecency; May 25, 1899, five years' for possession of base coin; and October 9, 1903, at this Court, five years' for coining.

Sentence. Twelve months' hard labour for indecency; on each of the two indictments for coining 10 years' penal servitude, to run concurrently.

SURREY CASES.

BEFORE MR. JUSTICE GRANTHAM.

(Thursday, January 14.)

 

  RICHARDSON, Thomas (46, stonemason), was indicted for and charged on Coroner's inquisition with the manslaughter of   Andrew Mahoney.

Mr. C. G. Alabaster prosecuted; Mr. George Elliott defended.

  MRS. ROSALIE LINCOLN . I knew Andrew Mahoney; I saw him at five past 10 on the night of December 13, outside the "Plough," Wimbledon Road, Tooting, with Desmond, Green, and Dutton. Mahoney left to go to a place of accommodation; as he was returning prisoner went up to him and said, "You need not hop about, can you fight?" and, before Mahoney could speak, prisoner knocked him to the ground. Somebody shouted," Run," and prisoner ran away. Both men were sober.

Cross-examined. There was no sign of quarrelling. I know William James and John James; they were close to prisoner when this happened. I did not see Mahoney put up his hands. When prisoner struck him he fell down, his head striking the wooden paving of the tramlines; he never spoke.

  JAMES GREEN . When we left the" Plough," Mahoney went to go to the urinal. On his coming back, as he was passing prisoner, prisoner deliberately hit him and knocked him down; no words passed between them. Both men were sober.

Cross-examined. Mahoney was a tall powerful man. I did not hear him say to prisoner," If you want a fight you can have one." He did not put up his fists.

  PATRICK DESMOND and JOHN DUTTON gave similar evidence.

Police-constable HUGH COSH, 431 V. At 10.5 p.m., on December 13 I was called to the" Plough"; in the roadway outside I saw Mahoney lying on his back, bleeding from the head; I spoke to him; he made no answer.

Sergeant HARRY YOUNG, 85 V. On the early morning of December 14 I went to prisoner's house; he was in bed. I told him I should arrest him for causing grievous bodily harm to Andrew Mahoney. He made no reply. On the charge being read over to him at the station he said, "No reply." On December 28 he was charged with manslaughter. His reply was, "That is correct."

  DAVID MCCRAE AITKEN , resident surgeon at Boling broke Hospital I saw Mahoney in the early morning of December 14; he was then unconscious; he was bleeding from the right ear; there was a bruise on the left side of the back of the head and a small bruise on the left side of the point of the chin. He never recovered consciousness and died on December 20. There was an extensive fracture, across from the temple on the left side up to the back of the head; this would be consistent with a fall on the road. The mark on the chin is consistent with a blow from a fist I should saw a pretty severe blow.

Cross-examined. Deceased was a powerful, muscular man. The cause of death was the fracture of the skull and the laceration of the brain; the skull was not a thick one.

(Defence.)

  THOMAS RICHARDSON (prisoner, on oath). I had known Mahoney by sight about 12 months, and had once or twice spoken to him; we were on friendly terms. On this night, as I was standing outside the "Plough," Mahoney came up to me and said, "What's up with you?" I said, "Nothing." He said, "If you want to have a fight you can have one." He had his hands in a half sort of fighting attitude. Thinking he was going to attack me, I struck at him, and he fell. I foolishly ran away, and, in the early morning I was arrested at my father's house. I had no idea at all that I should cause the man's death, and I am very sorry.

Cross-examined. I ran away, because I did not want to continue the fight or the row.

To the Court. I have been in fights before; I am a bit of a boxer; everyone is, to some extent.

  WILLIAM JAMES . I saw Mahoney and prisoner walking along; they seemed to be having very high words. Mahoney put out his hands as if he was going for prisoner; prisoner went to defend himself and struck the first blow and Mahoney fell. I did not stop to see any more.

Cross-examined. The two men I had just seen in the" Plough"; they were having words there. I did not think Mahoney was hurt so much as he was or I should not have walked away.

  JOHN JAMES , brother of previous witness, corroborated his story.

Verdict, Not guilty, the Jury considering that there was sufficient doubt about the case to induce them to give prisoner the benefit of it.

Mr. Justice Grantham said he rather regretted the verdict, and prisoner might think himself lucky to have been tried by such a very lenient Jury.

BEFORE THE RECORDER.

(Thursday, January 14.)

 

  TOMLIN, George Albert (22, electrician) pleaded guilty , of feloniously stealing 25 lb. of lead, the goods of   Thomas Drew.

Sentence, 18 months' hard labour.

BEFORE JUDGE LUMLEY SMITH.

(Saturday, January 16.)

 

  RICHARDSON, William Henry (46, stonemason) , obtaining by false pretences from   Walter Francis Padbury the sum of £150, with intent to defraud.

Mr. H. H. Lawless prosecuted.

  EDGAR RING WOOD , "Daily Chronicle," proved prisoner's advertisement.

  WALTER FRANCIS PADBURY , 3, Coombe Villas, Longfield Street, Wandsworth, mariner. On December 12 I answered prisoners advertisement;" Partner required with moderate capital. Depot and general business. Knowledge not essential. Draw 50s. weekly Letters—William, 5, Caleno Street, Tooting"; and received letter produced from him stating that he had been established 13 years in Tooting, that he proposed to open a new branch at New Malden, and that he required a partner with £150 capital. He also wrote saying he would show me over the estates where he was doing the stonework I met him on December 30 or 31 at Caleno Street, Tooting. He told me he was a builder and monumental mason and had lately taken up his father's business; that they had built 400 or 500 houses round Tooting. He took me to what he called the Estate Office in Kingston Road to have the agreement drawn. He introduced me to the manager, Mr. Lloyd. I afterwards found the office was run by prisoner's brother. While the agreement was being drawn prisoner said he was doing a lot of building—upwards of 48 houses. He also said that he had a patent frost grip clip for horseshoes with which he was supplying large businesses and various firms and he would give me a half-share on all sales and royalties in the United Kingdom. He said he "had orders from Pickford's, Carter Paterson's, Doulton's, and Tilling's. He asked if I was prepared to pay a deposit. I said no, but I would come on the following Saturday and pay the whole sum, so the agreement was not signed. I wrote asking what security I should get for the £150 to be deposited with prisoner. He replied on January 3 saying," As regards the business I do not think you need be afraid of the investment, as I am certain by giving the samples of the adjustable frost grip clip to the various companies who have already applied £500 will be made within the next two months. Then you have a half-share in the masonry and builder's supply stores. There will be plenty of work for you to do, keeping books, attending the depot to serve customers and collecting orders and accounts on the various estates. The agents will arrange for another partner if you are not satisfied on your letting them know at any time to pay you off. "On January 6 I paid prisoner £150 and we signed the agreement produced by which we were each to draw £3 weekly. He then repeated much the same story. Prisoner paid Mr. Lloyd £7 10s. for drawing the agreement. The next day I met prisoner, who took me to a waste plot of land which he said was the site of the depot. We met there again the next day, when he introduced me again to Steadman as a surveyor and architect who was measuring the ground and making plans for building the depot. On January 8 we met at Wimbledon by appointment to go and buy timber and iron to erect workmen's sheds; we visited various shops but bought nothing. On January 13 I visited the site of the depot and saw two men, Spencer and another, levelling the ground and cutting timber. Prisoner afterwards told me they were old workmen of his.

After January 15 I had difficulty in finding prisoner. He moved from Tooting to Wandle Bay. So far as I could see no business was done or transacted. He paid me £3 weekly for six weeks and then told me all the money was gone. On my asking where it had all gone to in such a short time he became very abusive and refused to show me his account books. Eventually he gave me statement produced. I told him I should probably take police-court proceedings. He said he would not give me £20 for my chance, whatever I did. He eventually told me that the money had been spent in floating the patent horseshoe grip. When I parted with my money I believed what he said was true or I should not have paid the £150. He said with reference to the horseshoe grip, "When we get along with the business the horseshoe grip will be a nice little nest egg for us. "

Cross-examined. On February 24 I considered I had been defrauded. I went to the police on September 25, 1908. I kept writing to prisoner to know what had become of my money and asking him to repay it according to the agreement. I have always been a mariner, and had last been employed on gold dredging in West Africa. Prisoner and I went to the office of Mr. Fleuret, patent agent, whom he went in to see. On December 31 and January 6 I asked him to show me his business, but I could not get it from him. All he said was that he had taken over the business of his father and was opening a new business at New Malden. He may have mentioned that he was Working on the London and Provincial Estates. He pointed out houses where he said he was doing the stonework. He said he had business promises at Tooting. He said he had still got a business at Tooting. He said he was going to build a shop at Malden—I did not suppose from first to last that he had an existing depot or sheds there. I heard afterwards the Malden Council refused to pass the plans. The rent of the land was becoming due and I asked him how it was to be paid. He said he had no money, I said I had none and that the best thing to be done in the matter was to get the agreement can. celled, which he did. No rent was paid. I went with prisoner to George and Sons to order samples of the horseshoe grip to be made. In March or April I wrote to prisoner asking to be paid one. In June he told me the patent was running off and asking me for money to keep the patent alive. I said before the magistrate," I said, 'If this statement is not satisfactory I shall take legal proceedings.' Prisoner said in reply to that, 'I will not give £20 for your chance. '"

  GEORGE RICHARDSON , prisoner's brother. In January, 1908 I had an estate office at 25, Kingston Road, as estate agent and builder. Lloyd was my manager. He drew up agreement produced and I received £7 10s. for it.

Cross-examined. Prisoner had a yard at Bickersteth Road, Tooting. He did stonework for my father at different places. Prisoner afterwards had a yard at the Nelson, Merton. I believe he built houses on Sir George Smallman's estate. Last year he was doing stonework for me.

Re-examined. I could not say when prisoner was building for Smallman. He did stonework for us last year on four houses.

  WALTER JOHN STEADMAN , 64, Undean Street, Tooting, draughtsman. I am not a qualified architect or surveyor. In January last I made some plans for prisoner for which he paid me 10s. Altogether I received about 23s. from prisoner. The charges in prisoner's account. "January 1, 1908. Instructions for plans £1 1s. January 6, plans, etc., £2 3s. January 14, preparing plans, £1 1s. January 20, various sums for plans, £1 10s." were never received by me.

Cross-examined. I measured up the land, drew a sketch plan and took it to the surveyor's office, Malden Council House. I sometimes act as surveyor. I wrote a few letters for prisoner. I am positive I did not receive the sums mentioned in the account. (To the judge.) The plans were for a shed costing about £10 to £15.

  CHARLES SPENCER , 211, East Park Road, Wimbledon, plasterer. I have known the prisoner about seven years. In January, 1908, he asked me about timber and corrugated iron and I met him with prosecutor at Merton. We went afterwards to the piece of land at Malden I have received from prisoner about 7s. to 9s. altogether. I never received the amounts charged in prisoner's account: "January 30, 17s. 6d.; February 3, going to Aldridge's, 8s. 6d.; February 10, going to City, 10s. February 11, 4s. February 17, 10s. January 18, 8s. 3d.; January 19, 6s. "

Cross-examined. I have been to Mitcham and Croydon with prisoner on two or three occasions about buying timber and to look at land; he always paid expenses. We went one day to the Russian Embassy about the nail-less horseshoe.

  JOHN YOUNG , 303, Kennington Road, builder's merchant. In 1906 I supplied prisoner when he was in partnership with Stockton with building materials value £60 on the Kelson Estate, Merton. At the and of 1906 I could not find him to get paid. In August, 1907, I received a postcard from him about his bankruptcy notice and afterwards saw him. He said he wanted to get this job over, and I took it that he wanted to be made a bankrupt so that he could have a clean sheet I said I would let my firm know exactly what he said. On September 10, 1907, he sent me another postcard stating where he would be if I wanted to serve him with a copy of the petition. I did not go, On September 23 he wrote me: "Have you heard or seen Stockton I shall be glad if the matter is wound up, as I am stoney broke," and appointing to meet me. I did not go.

Cross-examined. I supplied ironmongery for some houses prisoner was building. He did not say how much he had invested in them.

  WILLIAM HENRY RICHARDSON , 33, Fosgate Road, Fulham, builder, prisoner's father. About 13 years ago I gave up business and have built no houses since. I built at Tooting 10 houses. I had no business premises and had nothing to again to anybody.

Cross-examined. Prisoner took on from me a 99 years' lease of 411, York Road, some years ago. He also took on from me the 95 years' lease of a shop, artisan's dwelling, and stable in Lambeth Walk. He opened the shop himself; I made him a present of it. I built some houses on the Tankerville Road Estate; prisoner went to live in one of them, and I asked the mortgagee's surveyor to let

him finish the stone work as he could do it cheaper being on the premises. Prisoner had a stone works at Bickersteth Road, Tooting.

Re-examined. The Tankerville Estate and Bickersteth Road work 12 or 13 years ago. Prisoner lived with me till he was 25 years of age, was foreman for me on different jobs, and has taken up leases for me it different places. I always found him straightforward, honest, and very correct in his figures.

  ALBERT HENRY TIMPKIN , 57, Gresham Street, horse manager to Pickfords for 11 years. I have no record of a contract or order given to prisoner for a patent horseshoe grip.

Cross-examined. We have no record of receiving any samples from prisoner or correspondence with him.

  ROBERT RIDGE COGAN , 104, Redman's Buildings, Holborn, veteinary surgeon to Carter Peterson and Co. On January 20, 1908, I received letter produced from prisoner referring to a previous letter and forwarding samples of a horseshoe grip. I received samples like that produced. On January 31 I returned it, stating we did not see our way to use them at present. We gave no order.

  ERNEST WORKMAN , buyer in horse department, Doulton's Pottery Works. On January 20, 1908, we received letter produced from prisoner forwarding a sample of a horseshoe grip. On January 25 we replied that we did not see our way to adopt it. We gave no order. Our shoeing is done by contract, and it would have been impossible for us to give an order.

  FREDERICK WILLIAM HARRISON , Winchester House, High Street, Peckham, cashier to Tilling and Co. We have given no order to prisoner for a patent horseshoe grip. On January 20 I received letter produced forwarding sample. We wrote asking him to explain its use and afterwards wrote declining to order it and stating it would be of no use to us.

  WILLIAM WARD , 30, Denison Road, Tooting, carman and contractor. During 1908 I went about with prisoner to different firms with his horseshoe grip; no business was done that I know of. Prisoner had premises at Merton Road, Tooting.

  HENRY HAVELOCK JACKSON , clerk in the Patent Office. On January 10 Fleuret filed a provisional specification in prisoner's name for a devise to prevent horseshoes slipping; that gave protection to the invention for six months, when it expired, and it cannot now be revived.

  FREDERICK MICHAEL MELLOR , 504, Birkbeck Chambers, clerk to Fleuret, patent agent. On January 10, 1908, prisoner instructed me to file provisional specification for horse-grip produced, which I did.

Cross-examined. We have acted for prisoner since 1896 on various matters. He may have mentioned the horse grip to me before January, 1908. On June 13, 1908, he wrote stating he had no money or filing the complete specification.

Detective-sergeant JNO. GILLON. V Division, On December 5, 1908, at 12.15 a.m. I with Detective Woods saw prisoner in the back kitchen of 132. Henley Road, Tooting. I said that we were police officers and held a warrant for his arrest for obtaining £150 from prosecutor.

He said, "I do not understand it. What does it mean. Explain it" I said, "Mr. Padbury alleges that in December last he saw your advertisement in the newspaper, answered it, and eventually saw you. He says you represented yourself to be a general builder and monoumental mason with business premises at Tooting. He also alleges that you stated that you had recently taken over your father's business at Tooting and that you were the patentee of an invention known as the Adjustable Frost Grip Clip, that you had several large orders from firms, including Carter Patersons, Pickford's, Tillings, Doulton's, and other large firms, and the American Embassy. He says that no business was transacted in reference to that partnership." The prisoner said, "Twelve years ago I did have business premises at Tooting; I have not had any there since. In December last I did advertise for a partner; Mr. Padbury answered and finally he agreed to put £150 into the business. I tried to do business, but things were very bad. When I failed to do business in the building business, I tried to put the patent on the market but failed. Had Mr. Padbury waited another week things would have been different, as I had practically sold the patent to the German Government for £5,000, but this has upset the whole thing. I have not reported to Mr. Padbury in writing or otherwise that I had orders from the firms you mention with reference to the frost grip clip." I said, "I have letters in my possession purporting to come from you to that effect." He said, "I should like to see them." We went to the station and showed him three letters produced. After perusing them he said, "Yes, they are in my handwriting. "When we arrested him we searched his lodgings and took possession of a number of letters and memoranda. As I was examining the correspondence prisoner picked out a document and said that was a copy of the agreement between prosecutor and himself. We took the agreement to Somerset house; as I found that it would cost 15s. to have them stamped I did not have them done." He referred to some pencil marks on the left-hand corner. He pointed to Extract 4 and said, "that is a copy of the account I rendered to Mr. Padbury showing how his £150 had been spent" He took out another document and said, "This is a further lot of sums spent in trying to place the patent on the market. It amounts to £130. I was going to send it to Mr. Padbury as I consider there is £30 more to be paid by Mr. Padbury to me in respect of the expenses incurred in trying to place the patent on the market." Whilst I was perusing the documents I remarked to Woods that the names of Spencer, Steadman, and Ward appeared in them. Prisoner said, "Yes, Spencer is a relation of mine by marriage. Steadman is a surveyor." He mentioned the address where Steadman lived and said, "I do not know Where Ward is living at present." Later on that day I showed him the letters, which he admitted to be in his handwriting. He said the horse grip clips produced were his samples and there were others in the possession of firms which he had supplied.

Cross-examined. I took a note of the conversation. Prisoner mentioned that he was in communication with the German Government about the adjustable horseshoe. (To the judge.) The charge was

about something prisoner had done in January, 1908; I arrested him in December. We arrested him in the middle of the night because we had been keeping observation there for some time, expecting to see him come in.

(Defence.)

  WILLIAM HENRY RICHARDSON (prisoner, on oath). I live at 132, Henley Road, Tooting, and am 46 years of age. I have never had a charge made against me before this. I took over Randall's stone yard in Bickersteth Road, Tooting, 12 years ago and kept it on till I had notice three years after to clear out as houses were to be built on it. I afterwards did stone work for the London Provincial Estates, Ltd., Rectory Road, Tooting; then commenced on another estate for Mr. Miller in Mitcham Road, Tooting. I was then in partnership with Stockton; that was in 1906. I had stone works and builder's works in High Street, Malden, and an office called the Nelson Stone Works. I took on a building agreement for 40 plots of land under Sir H. G. smallman to erect houses on a 99 years' building lease. We put up eight houses, when, our capital getting exhausted through litigation with the Urban Council, we could not get on any further. Sir H. G. Smallman gave notice and foreclosed and we lost about £500; that was why the debt to Young for ironmongery was unpaid. Young said he had got a bankruptcy notice against us, so I said, "You had better serve it on me as quick as you can to prevent the freeholder selling the property, so as to get the Official Receiver to stop him, so as to save what I could out of the firm's £500 and get the creditors paid. Young said we might pay a composition of 10s. in the £. In December, 1907, I was doing work for the London Provincial Estates, Ltd, and for Miller in Moham Road, and was going to open a new depot at New Malden, as the estates at Tooting were getting practically filled up. I had a very good position offered me at the corner, and thought I would take a partner in with me to open it up, so I advertised and got prosecutor to come in. We had an agreement from the freeholder in. our joint names. I showed prosecutor some houses on the estates where we were actually at work. I told him I had had a stone yard, which I took from Randall 12 years ago; that latterly I had been doing stone work on estates: and I showed him round where the men were actually working for me. I had then the stone work to do of 19 houses for the London Provincial and was also starting on a new estate. I have had the frost clip grip in my mind for two or three years, and I spoke to Fleuret about it. In 1896 I took out a complete patent for a nailless horseshoe. I supplied the War Office with it; they would not buy it as it created soft corns; they wanted to send it to the Soudan. I saw Fleuret about the frost grip clip in December, 1907, and told him I wanted a patented. I offered prosecutor a half-share in it to get it on the market. I had a letter from Carter Peterson about it six months before I saw prosecutor, and there is a letter from the German Ambassador this Christmas (produced). When I saw prosecutor I had had

requests for samples from Doulton's, Pickford's, Tilling's, and several other firms. I never said I had orders from them; I said I had orders for samples. I said I wanted the money to open up a new depot at Malden and to get the horse clip on the market by making samples and sending them to various companies. I supplied 150 firms with samples, including the Prince of Wales's stables, and they had been acknowledged. £150 did not go very far in that. The samples cost 4s. to 5s. each and there was the expense of sending them. After the agreement for the land for the depot at Malden was obtained, I had carpenters and labourers to erect the sheds, and plans were sent in to the Council. We were not allowed to put up a temporary structure for workshops—only a permanent building. Prosecutor then demanded that I should see the freeholder and get the agreement cancelled, which I did. Prosecutor then asked me to get the patent for the horse clip grip sold and pay him out, which I have tried my utmost to do. On September 14 last year I took out a patent for an improvement of the nailless horseshoe, which I patented in 1896. I saw Major Ostertag, the Military Attache of the German Embassy in London, about it; he ordered four sets of the nailless horseshoe and also specimens of the adjustable grip clip and he said he thought his Government would buy it. I told the officer on my arrest that I was arranging to sell the patent Nailless Horseshoe to the German Government; that I had asked £5,000 for it and that I was also sending over the Frost Grip Clip.

Cross-examined. I produce letter from the German' Embassy asking me to call, which I did. I was told if I sent samples they would he sent over to the German Government. I cannot help it that I have not made anything out of the two patents. Fifteen years age I finished off my father's last lot of houses on the Tankerville Estate. I did not tell prosecutor that I had recently taken over my father's business. I said when he gave up business I took over his work, and that that was fifteen years ago. Prosecutor is not telling the truth. It is true that Steadman had the money mentioned in the account from me—every one of the items. Spencer is not telling the truth: he has had the money charged in the account; he has worked for me far three years, running about for me and has had a great deal more money than he says from me. (To the jury.) During the year 1908 I was living by working for Mr. Denier; that was after I failed on my building on the Smallman Estate.

Verdict. Guilty of fraudulently misrepresenting that orders had been received for the Frost Grip Clip from Pickford's and others; Not guilty on the other count of misrepresentation. Sentence, Three months' imprisonment, 2nd Division.

NOTE.—The report of three trials, in progress at the time of going to press, will be issued with the February Sessions Paper.

1909.

CENTRAL CRIMINAL COURT.

TRUSCOTT, MAYOR. THIRD SESSION (Continued).

LONDON AND MIDDLESEX CASES.

BEFORE THE COMMON SERJEANT.

(Friday, January 15.)

 

  HESS, Henry , being a director of a certain public company—to wit, the   Common Weal Consolidated, Limited, making, circulating, and publishing certain statements which he knew to be false in a material particular with intent to deceive and defraud the shareholders in the said public company and with intent to induce persons to become shareholders in the said public company and to entrust and advance property to the said company, on July 26, 1901, March 8, 1902, September 22, 1902, February 6, 1904, and November 24, 1904; being a director of the said public company, on December 28, 1901, fraudulently taking and applying for his own use and benefit part of the property of the said public company—to wit, the sum of £1,428; on September 18, 1902, wilfully and corruptly making and subscribing a certain declaration under the Statutory Declarations Act, 1835, knowing the same to be untrue in certain material particulars; with intent to defraud, obtaining divers valuable securities by means of false pretences—to wit, on or about August 8, 1901, money orders for the sum of £70 from   Margaret Hope; on or about August 6, 1901, a banker's cheque for the sum of £50 from   Annie Reid; on or about August 5, 1901, a banker's draft for the sum of £30 from   James Taylor; on August 5, 1901, a banker's cheque for the sum of £20 from   James Ballantyne; on or about July 30, 1901, a banker's cheque for the sum of £40 from   John Galloway Galloway; on or about September 27, 1901, a banker's cheque, for the sum of £50 from   Thomas Scoresby-Jackson; on January 3, 1902, a banker's cheque for the sum of £30 from the said Thomas Scoresby-Jackson, and on or about October 26, 1901, certificates for 150 Robinson Randfontein shares of the nominal value of £150, and a transfer of the said shares from the said Thomas Scoresby-Jackson.

Mr. R. D. Muir and Mr. Graham-Campbell prosecuted; Mr. F. E. Smith, K. C., M. P., Mr. Travers Humphreys, and Mr. Adrian Wontner defended.

  LEIGH BAKER , Registry of Joint Stock Companies, Somerset House. I produce file of the Common Weal Syndicate, Limited, registered December 31, 1900, with a capital of £2,000 in £1 shares. Its first object was to operate in stocks and shares in accordance with the advice of the manager of The Critic Agency. On March 25, 1901, the capital was increased to £5,000. On July 24, 1901, the company was wound up voluntarily, prisoner being appointed liquidator, he having been sole director of the company. The whole of the shares were paid up except seven. The final meeting of the company was on July 14, 1902. I also produce file of the Common Weal Syndicate, No. 2, Limited, incorporated March 12, 1901, with a capital of £5,000 in £1 shares, which were fully paid up except seven. The prospectus is signed by prisoner. The objects are the same as in the previous company. Resolution to wind up was passed on July 24, 1901. I also produce file of Common Weal Syndicate, Limited, No. 3, incorporated March 30, 1901; capital £5,000 in £1 shares, fully paid up except seven; the objects are the same as Syndicates Nos. 1 and 2, prisoner being the sole director; the company was voluntarily wound up on the same date, July 24, 1901. I produce file of Common Weal Consolidated, Limited, incorporated July 30, 1901, the object being to acquire the assets, liabilities, and goodwill of the three Common Weal Syndicates and the rights of The Critic Agency. Prisoner was the sole director. The prospectus is dated July 26, 1901; capital £50,000, £10,000 being offered to the public at par, of which £3,010 are stated to have been allotted and paid up on August 23, 1901, the date of the certificate to commence business. By a subsequent return it is stated that £5,182 was subscribed by the public. The prospectus sets out an agreement of July 14, 1901, made between Henry Hess, the liquidator, and E. H. E. Hodgson, the trustee of the company, by winch the three syndicates sell their assets, including a sum of £15,000 in cash, together with all contracts, etc., to the Consolidated Company for 30,000 fully-paid £1 shares in the company.

  JOHN GALLOWAY GALLOWAY , 25, East Trinity Road, Edinburgh, ironmonger's traveller. I received prospectus of the Common Weal Consolidated stating that the company had from the three syndicates £15,000 for working capital. I believed the statement, subscribed for 40 shares, sent cheque for £40, and received certificate. I subsequently received a dividend of 19s., being 4s. 9d. for each lot of 10 shares.

Cross-examined. I expected the total sum represented in the prospectus would be in the possession of the company; that statement induced me to invest; I do not think I should nave invested if I had learned that the company had only £14,700; it would have made a difference.

  JAMES TAYLOR , 97, Cambridge Street, Glasgow, ladies' hairdresser. I received prospectus of the company stating that £15,000 sterling in cash had been acquired from the syndicates; I subscribed for 30 shares in August, 1901, sent draft for £30, received receipt and certificate, and afterwards a dividend of 14s.

Cross-examined. I read the prospectus in" The Critic. "

  JAMES BALLANTINE , 21, Rose Street, Garnett Hill, Glasgow, manager of the Glasgow Window Cleaning Company. I believed the statements in the prospectus, and on August 1, 1901, subscribed for 20 shares, I afterwards received a dividend of about 3s. 4d.

Cross-examined. I do not think it would have made much difference if the company had had £14,700 cash instead of £15,000.

  ANNIE REID , 109, Napiers Falls Street, Glasgow, spinster. I saw a prospectus of the company, believed the statements, and subscribed on August 6, 1901, for 50 shares. I do not remember getting a dividend.

  MARGARET HOPE , 2, Allenbury Place, Teignmouth, spinster. My two sisters, Jane and Frances, and myself had some money invested in the Common Weal Syndicates. I saw prospectus of Common Weal Consolidated, and, believing the statement that that company had acquired £15. 000 in cash from the syndicates, subscribed £70 on behalf of myself and my sisters.

  THOMAS SCORESBY JACKSON , M. D., Hoe Street. Walthamstow. Believing the statements in the prospectus, I subscribed £50 on behalf of my daughter to the Consolidated Company. On January 3, 1902, I subscribed for 30 shares on my own behalf, believing the statement as to the £15,000 cash. In October, 1901, I forwarded to The Critic Agency, or to the prisoner, certificate and transfer for 150 Robinson Randfontein shares of the face value of £150, to be exchanged for 150 shares in the company, and received certificate for same, making altogether £230, which I invested in the company.

  GEORGE HUGH HODGSON , 60, Hillcrest Avenue, Leeds, Inspector, Mutual Life Insurance Company of New York. In 1896 I was a clerk in the financial department of" The Critic" newspaper. Prisoner was the editor, and after 1901 he practically conducted its business. The Critic Agency was also carried on for investing the moneys of subscribers to it. Prisoner was the proprietor of it; it was his business. I remember the first Common Weal Syndicate being established. Moneys were received by prisoner and the accounts were kept in the books of The Critic Agency. In February, 1901, a separate bank account was opened for the Syndicate. Syndicates Nos. 1 and 2 were afterwards started. Moneys of the three syndicates were paid into the account with the London and County Bank, Covent Garden. The offices were in Southampton Row and were afterwards removed to Guildhall Chambers, Basinghall Street. There was a separate account (No. 2) at that bank for the Critic Agency. The amalgamation of the three syndicates into the Common Weal Consolidated, Limited, was under an agreement which registered the transfer of £15,000 in cash to that company. No transfer of that amount in cash took place; the bank account remained as before and the balance became the credit balance of the Consolidated. Looking at the cash books of The Critic Agency, the first few pages are in the writing of Thurston, made at my dictation. On p. 22 a new start was made under date February 14, 1901, the date of the opening of the No. 2 account at the bank, beginning with "H. H.,

£200," following the amount received from prisoner to start the business. We afterwards had two accounts at the London and County Bank, "Critic Agency No. 1" and "Critic Agency No. 2"; No. 2 was the Consolidated, No. 1 was for the general business of the agency. The cash book continued to contain both accounts. The ledger of the Common Weal Consolidated, Limited, produced on folio 21 has an account" H. Hess Impersonal Account." The first entry is," Transferred from Critic Agency £8,572." That entry was made by the clerk of Elles Salaman and Co., the accountants to the company. On p. 10" H. Hess" is debited with a series of entries: £15,000, £8,572, cash £2,255 11s. 2d., and other entries for assets taken over from the syndicates, amounting in all to £45,025. In The Critic Agency ledger, p. 390, account" Henry Hess," the £8,572 is represented by three items:" March 11, 1901, No. 1 Syndicate, £4,970; November 23, No. 2 Syndicate, £1,965; March 25, No. 3 Syndicate, £137." In the "H. Hess Impersonal Account" there is a debit of December 23, 1901, £1,428. I signed a cheque on prisoner's instructions for 1,428, which with the £8,572 makes up the sum of £10,000; it was drawn from No. 2 account from the moneys of the Consolidated and sent to prisoner. Statutory Declaration of September 18, 1902, is signed by prisoner. The exhibit attached to it purports to be a copy agreement between the prisoner and a firm not named. I have never seen the original of that agreement. I attended all meetings of the syndicates and the Consolidated; verbatim reports thereof were published in" The Critic" and were also inserted in the minute book, which was signed by prisoner. I had sole authority to draw cheques on No. 1 and No. 2 accounts. On March 3, 1902, an extraordinary general meeting was held, at which prisoner addressed the shareholders and stated," We have, roughly speaking, over £10,000 in the bank." On that day the balance in Account No. 2 to the credit of the Consolidated was £128. Heads of agreement (produced) by which £10,000 was to be placed by the prisoner in the hands of a firm, "X," whose name was not to be disclosed, for investments on prisoner's instructions, are inserted in the minute book and were agreed to by the meeting. The minutes are signed" H. Hess, Chairman." On January 29, 1902, the first annual meeting of the Consolidated was held, and prisoner stated that a profit had been made on the £10,000 of £5,882 13s. 2d. The report signed by the auditors shows that on July 1 there was a profit of £1,117 18s. 2d., and on July 2 a loss of £10,137 12s. 6d., showing a net loss of £9,342 10s. 10d. On September 29 there was a meeting at which that report and the accounts were presented, and, after a speech from the prisoner, were passed. (Various passages from the verbatim reports of the meetings were read, in which prisoner had stated the assets of the company.)

Cross-examined. I joined "The Critic" in July, 1898. I have known prisoner for 10 years. Apart from" The Critic" newspaper, there was a business called The Critic Agency conducted by the prisoner, of which I kept the books drew the cheques, and saw all circulars sent out. It was an absolutely honest business, honestly

carried on for the purpose of speculation by the subscribers on the Stock Exchange. It was made clear to all subscribers that the object was to speculate with the money which they subscribed. When a profit was made it was honestly divided among the subscribers by cheques drawn and sent out by myself. The accounts were properly kept by me. Afterwards the first "Common Weal Syndicate" was formed for operating on the Stock Exchange with money subscribed by members of the public operating through members of the Stock Exchange, who forwarded direct to the subscribers their proportion of profit when made, The Critic Agency receiving a percentage only when the profit was made. No. 1 and No. 2 Syndicates were conducted in the same way. All profits were honestly divided amongst the members. The three syndicates and The Critic Agency were honestly conducted. Then came the amalgamation of the three syndicates into Common Weal Consolidated, Limited, the three syndicates being voluntarily wound up, prisoner being liquidator. Prisoner became bankrupt in 1905. The books of The Critic Agency were handed to his trustee. Prisoner was the proprietor of that business. Prospectuses of Common Weal Consolidated were only issued to subscribers to" The Critic." In the prospectus was a reference to the report appearing in" The Critic" of the meeting, at which the statement of the position of the company was stated by prisoner.

(Saturday, January 16.)

Mr. F. E. Smith said that he had had an opportunity of discussing with the defendant the cross-examination of the witnesses. The cross-examination must necessarily be of a complicated character, and would involve an acquaintance with a number of books. He could not claim to have the knowledge of the books which was desirable. Mr. Hess, who was a man of education and legal training, had suggested that he himself should cross-examine the witnesses, and had asked him (Mr. Smith) to remain to watch over his interests and to make any necessary observations.

Mr. Muir said it would be quite possible for the defendant to conduct his own defence and at the same time be advised by his counsel, but he knew no precedent for a defendant's conducting his own defence and then having the services of counsel to address the jury. The defendant must either conduct his own defence or permit his counsel to do so. He could not do both.

The Common Serjeant said the defendant must leave himself in counsel's hands or decline to be represented.

After consulting with the defendant, Mr. Smith said that Mr. Hess would conduct his own case, counsel remaining to watch over his legal interests.

  GEORGE HUGH HODGSON , recalled, cross-examination resumed, by prisoner. In the business of The Critic Agency the subscribers could send their money direct to their own brokers; you advised what speculations should be engaged in; any profits arising were sent by the brokers direct to their clients; the latter then sent you 20 per

cent. of their profits. In the first year, from October, 1900, to October, 1901, the total profit was £938 3s. 3d.; from October, 1901, to October, 1902, the commission amounted to £618, representing £3,000 profit made by the subscribers. On September 30, 1901, The Critic Agency had in hand as cash £12,105. In the Memorandum of Association of the Common Weal Syndicate No. 1 the objects of the company were stated to be." To negotiate loans, lend money at interest or otherwise and with or without security to enter into partnership or make any arrangement for sharing profits, union of interests, joint adventure, reciprocal concession, amalgamation, co-operation, or otherwise, with any person or company to do all such other things as may be incidental or conducive to the attainments of the above objects or which may to the company seem calculated to enhance the value of or render profitable any of the company's property or rights or operations." There were similar words in the Memorandum of Common Weal Syndicates No. 2 and No. 3. During the operation of the three syndicates there were occasions when we were obliged to draw upon your private resources from account to account; there was never any hesitation on your part in giving this assistance. The second deal of the syndicate, which resulted in a disastrous loss, was the" bearing" of shares in Kaffir mining companies of the very highest class. With reference to the charge that on December 18, 1901, you appropriated to your own use £1,428, moneys of the syndicate, it is the fact that the syndicate was at that time in debt to you.

(Monday, January 18.)

  GEORGE HUGH HODGSON , recalled, further cross-examined. In No. 2 account, on the formation of Common Weal Consolidated, there was a balance of £3,000, and on October 14, 1901, £4,171 was transferred from No. 1 account to No. 2 account, of which prisoner was the proprietor. On July 30, 1901, there was in prisoner's hands £7,072, being the moneys of the Common Weal Syndicates, which had been sent direct to prisoner by the shareholders. The cheques were made payable to prisoner according to the application form attached to the prospectus. There was in the account of the syndicate £3,302, and in prisoner's private account at Kew £1,500, which was transferred to No. 2 account on May 17. That is credited in The Critic Agency ledger, folio 390. I believe that was sent for cover on a speculative deal with the brokers. It was not a loan. In the cash book of Common Weal Consolidated, page 1, there is: "February 25, H. Hess, £331 13s. 4d.; February 27, £140 10s.; March 12, £261 1s. 6d. Those are sums I received by cheque from prisoner and were paid into No. 2 account as dividend to shareholders. Subscribers paid 1s. in the £ for expenses of registering the syndicates, solicitors' fees, etc. No charge was made by prisoner; the balance unexpended was refunded to subscribers. (Witness was taken through a large number of entries showing the way the accounts were dealt with.) All transactions were done through members of

the Stock Exchange. The loss of £10,000 occurred on a "bear" deal in Gold Fields shares. I gave evidence at the police court. When I stated that the business was an honest business, honestly conducted, I stated it voluntarily and not in cross-examination, I objected to the suggestion that we were outside brokers. It was in protest to a statement made by Mr. Muir in his opening that The Critic Agency was a bucket shop business. I was not cross-examined. Mr. F. E. Smith asked me to repeat what I had said. I was in prisoner's service from the commencement of The Critic Agency to his bankruptcy. I knew that moneys were properly disbursed. I drew all cheques and made all entries. With regard to The Critic Agency, the Syndicates, and the Consolidated, Limited, prisoner has never asked or suggested to me to do anything open to the slightest suspicion of being dishonest. I should not have stayed with him another five minutes if he had. After 10 years' service I left prisoner at the time of his bankruptcy, because he could no longer afford to pay me. I commenced with a salary of 35s. a week and was receiving at the end £6 a week. Prisoner has always expressed his full trust and confidence in me. I have never had occasion to doubt that prisoner was worthy of my trust and confidence I have never done anything wrong in connection with these businesses or been asked to do so by the prisoner. (A number of reports published in "The Critic" were put to the witness as to whether he agreed that the statements made by the prisoner therein were correct so far as he knew.) I was a director of the British and Colonial Publications Company, Limited, which owned" The Critic" newspaper. Prisoner had a preponderating interest and held the debentures; there were other shareholders. Prisoner sent money week by week to finance" The Critic." Prisoner had a claim against the Boer Government for the suppression of the" Johannesburg Critic." I am 'a creditor in prisoner's bankruptcy for salary. Prisoner has not asked me directly or indirectly to make any statement on his behalf. Under the prospectus The Critic Agency was to pay the costs of registering the Consolidated. I paid them out of NO. 1 account. On October 1. 1901," H. Hess Impersonal Account" was debited with a balance of £39 16s. 1d., and also £7,042 4s., making £7,111 held by prisoner on fixed deposit at 23/4 per cent. interest. The deal in November, which was so disastrous, was in Consolidated Gold Fields, Modderfonteins, and other mining shares. Prisoner told me he Was consulting Wernher, Beit, and Co., about it. He took the loss greatly to heart. The shares rose immediately after the deal was closed, and the prisoner and other shareholders considered the lose might be due to the advice notes being sent to shareholders, thereby publishing the nature of the deal; and at the meeting of March 3, 1902, the agreement which prisoner had entered into to deal with a firm whose name was not to be disclosed was adopted. Prisoner told me that he had arranged it before the meeting. The disastrous deal was closed on January 30, 1902. Prisoner held proxies which he stated he would not use, or vote himself, upon the agreement.

(Tuesday, January 19.)

  GEORGE HUGH HODGSON , recalled, further cross-examined. "The Critic" was the only paper in which reports were published concerning the Consolidated. Some of the shareholders in the Consolidated were also shareholders in the publishing company, and the fortunes of the one company were interwoven with the fortunes of the other. I do not think" The Critic" had an influence on the Stock markets. It has certainly not tried to assist the deals of the agency by puffing shares. Prisoner had a great knowledge of Transvaal shares. The Consolidated only dealt in high-class Transvaal shares. If the deal closed on January 30, 1902, had been carried over another four months the market would have been in our favour. On November 21, 1904, a meeting was called by requisition of Guedalla. Guedalla claimed to be the holder of prisoner's 10,000 shares. Prisoner claimed they had been deposited with Guedalla as security and that he was attempting to wreck the company, that he had tried to get prisoner to lend the moneys of the company on those shares, and that prisoner had declined to do so. (The report of the meeting was read.) Prisoner offered to buy the shares of any discontented shareholder. The meeting was adjourned to January 5, 1905; a poll was taken on the resolution of Guedalla to wind up the company, when the votes were: For, 15,115; against, 14,090—a majority not sufficient under the Articles. A meeting was held at Winchester House in May, 1905, called by Guedalla, when the resolution for voluntary liquidation was passed; Mr. Salaman was appointed official liquidator, and I handed the books and papers of the company to him. All other books and papers in the office went to the Official Receiver in his bankruptcy, in which Salaman was also appointed trustee. In addition to the books I see produced here there was a box containing contract notes and other papers. There were also papers in the safe. I do not know what they were. Everything in the office was handed over. When the syndicates were wound up prisoner did not ask me to destroy the books; they are here in Court.

Re-examined. A verbatim report of the meeting of November 24, 1904, was made by an official shorthand-writer, and printed by order of The Critic Agency. I cannot say if copies were sent to all the shareholders. Notice of the adjourned meeting of January 10, 1905, would be sent to the shareholders. All entries in the books were made by me or by Thurston under my direction; they are correct and have never been objected to by prisoner. The Consolidated was formed to take over all the assets of the three syndicates. The books ran on till September 30, 1901. I then adjusted the books by transferring the moneys received by The Critic Agency. That adjustment was correct and prisoner was made acquainted with it. On July 31 1901 the journal shows "Vendors' account Dr. £30,000; working capital £15,000, made up of "Critic Agency No. 1 Account, £4,172 8s. 10d."—that was in prisoner's account at Kew and was transferred on October 14;" H. Hess £8,572; cash £2,255 11s. 2d."—being

the balance in Critic Agency No. 2 bank account and including £1,500 paid by prisoner on May 15. That £1,500 was repaid to prisoner on December 23, 1901. On December 23, 1901, I drew a cheque, on priosner's instructions, in his favour for £1,428, which is entered "Deposit at 23/4 per cent. ex capital." That made up £10,000 which prisoner held without security on deposit at 23/4 per cent. (To the Prisoner.) On July 1, 1901, prisoner had in his hands of the syndicates' money £7,072; that was received from shareholders and not paid over. (To the Judge.) In the profit and lo